A.  APPLICABILITY
This procedure provides for the identification, investigation, and 
reporting of questionable intelligence activities.

B.  EXPLANATION OF UNDEFINED TERMS
1.  The term "questionable activity," as used herein, refers to any 
conduct that constitutes, or is related to, an intelligence activity that
may violate the law, any Executive Order or Presidential directive, 
including E.O. 12333, reference (a)), or applicable DoD policy, including 
this Regulation.

2.  The terms "General Counsel" and "Inspector General," as used herein, 
refer, unless otherwise specified, to any General Counsel or Inspector 
General with responsibility for one or more DoD intelligence components.  
Unless otherwise indicated, the term "Inspector General" shall also include
the ATSD (IO).

C.  PROCEDURES

1.  Identification

a.  Each employee shall report any questionable activity to the General 
Counsel or Inspector General for the DoD intelligence component concerned, 
or to the DoD General Counsel or the ATSD (IO).

	b.  Inspectors General, as part of their inspection of DoD 
intelligence components, and General Counsels, as part of their oversight 
responsibilities shall seek to determine if such components are involved 
in any questionable activities.  If such activities have been or are being 
undertaken, the matter shall be investigated under subsection C.2. below.  
If such activities have been undertaken but were not reported, the Inspector
General shall also ascertain the reason for such failure and recommend 
appropriate corrective action.
	
	c.  Inspectors General, as part of their oversight responsibilities,
shall, as appropriate, ascertain whether any organization, staffs, or 
offices within their respective jurisdictions but not otherwise specifically
identified as DoD intelligence components, are being used for foreign 
intelligence or counterintelligence purposes to which Part 2 of E.O. 12333,
(reference (a)), applies, and, if so, shall ensure the activities of such 
components are in compliance with the Regulation and applicable DoD policy.

	d.  Inspectors General, as part of their inspection of DoD 
intelligence components, shall ensure that procedures exist within such 
components for the reporting of questionable activities, and that employees 
of such components are aware of their responsibilities to report such 
activities.

2.  Investigation

	a.  Each report of a questionable activity shall be investigated to 
the extent necessary to determine the facts and assess whether the activity
 is legal and is consistent with applicable policy.

	b.  When appropriate, questionable activities reported to a General
 Counsel shall be referred to the corresponding Inspector General for 
investigation, and if reported to an Inspector General, shall be referred 
to the corresponding General Counsel to determine whether the activity is 
legal and consistent with applicable policy.  Reports made to the DoD
General Counsel or the ATSD (IO) may be referred, after consultation between
these officials, to the appropriate Inspector General and General Counsel 
for investigation and evaluation.

	c.  Investigations shall be conducted expeditiously.  The officials
 responsible for these investigations may, in accordance with established
procedures, obtain assistance form within the component concerned, or from 
other DoD components, when necessary, to complete such investigations in a 
timely manner.

	d.  To complete such investigations, General Counsels and Inspectors
General shall have access to all relevant information regardless of 
classification or compartmentation.

3.  Reports

a.  Each Counsel and Inspector General shall report immediately to 
General Counsel, DoD, and the ATSD (IO) questionable activities of a serious
nature.

b.  Each General Counsel and Inspector General shall submit to the ATSD (IO)
a quarterly report describing those activities that come to their attention
during the quarter reasonably believed to be illegal or contrary to 
Executive Order or Presidential directive, or applicable DoD policy; and 
actions taken with respect to such activities.  The reports shall also 
include significant oversight activities undertaken during the quarter and 
any suggestions for improvements in the oversight system.  Separate, joint,
or consolidated reports may be submitted.  These reports should be prepared
 in accordance with DoD Directive 5000.11, (reference (j)).

c.  All reports made pursuant to subsections 3.a. and b. above, which 
involve a possible violation of federal criminal law shall be considered 
by the General Counsel concerned in accordance with the procedures adopted 
pursuant to section 1.7(a) of E.O. 12333 (reference (a)).

d.  The General Counsel, DoD, and the ATSD (IO) may review the findings of 
other General Counsels and Inspector Generals with respect to questionable 
activities.

e.  The ATSD (IO) and the General Counsel, DoD, shall report in a timely 
manner to the White House Intelligence Oversight Board all activities that 
come to their attention that are reasonably believed to be illegal or 
contrary to Executive Order or Presidential directive.  They will also 
advise appropriate officials of the Office of the Secretary of Defense of 
such activities.

f.  These reporting requirements are exempt from formal approval and 
licensing in accordance with subsection VII.G. of enclosure 3 to DoD 
Directive 5000.19 (reference (k)).


Appendix A
Definitions


1.  Administrative purposes.  Information is collected for "administrative 
purposes" when it is necessary for the administration of the component 
concerned but is not collected directly in performance of the intelligence 
activities assigned such component.  Examples include information relating 
to the past performance of potential contractors; information to enable such
components to discharge their public affairs and legislative duties, 
including the maintenance of correspondence files; the maintenance of 
employee personnel and training records; and training materials or 
documents produced at training facilities.

2.  Available publicly.  Information that has been published or broadcast 
for general public consumption, is available on request to a member of the 
general public, could lawfully be seen or heard by any casual observer, or 
is made available at a meeting open to the general public.  In this context,
the "general public" also means general availability to persons in a 
military community even though the military community is not open to the 
civilian general public.

3.  Communications security.  Protective measures taken to deny unauthorized
persons information derived from telecommunications of the United States 
Government related to national security and to ensure the authenticity of
such telecommunications.

4.  Consent.  The agreement by a person or organization to permit DoD 
intelligence components to take particular actions that affect the person or
organization.  Consent may be oral or written unless a specific form of 
consent is required by a particular procedure.  Consent may be implied if 
adequate notice is provided that a particular action (such as entering a 
building) carries with it the presumption of consent to an accompanying 
action (such as search of briefcases).  (Questions regarding what is 
adequate notice in particular circumstances should be referred to the legal 
office responsible for advising the DoD intelligence component concerned.)

5.  Counterintelligence.  Information gathered and activities conducted to 
protect against espionage, other intelligence activities, sabotage, or 
assassinations conducted for or on behalf of foreign powers, organizations, 
persons, or international terrorist activities, but not including personnel,
physical, document, or communications security programs.

6.  Counterintelligence investigation.  Includes inquiries and other 
activities undertaken to determine whether a particular United States 
person is acting for, or on behalf of, a foreign power for purposes of 
conducting espionage and other intelligence activities, sabotage, 
assassinations, international terrorist activities, and actions to 
neutralize such acts.

7.  DoD Component.  Includes the Office of the Secretary of Defense,
each of the Military Departments, the Organization of the Joint Chiefs of 
Staff, the Unified and Specified Commands, and the Defense Agencies.  

8.  DoD intelligence components.  Include the following organizations:

a.  The National Security Agency/Central Security Service.

b.  The Defense Intelligence Agency.

c.  The offices within the Department of Defense for the collection of 
specialized national foreign intelligence through reconnaissance programs.

d.  The Assistant Chief of Staff for Intelligence, Army General Staff.

e.  The Office of Naval Intelligence.

f.  The Assistant Chief of Staff, Intelligence, United States Air Force.

g.  The Army Intelligence and Security Command.

h.  The Naval Intelligence Command.

i.  The Naval Security Group Command.

j.  The Director of Intelligence, U.S. Marine Corps.

k.  The Air Force Intelligence Service.

l.  The Electronic Security Command, United States Air Force.

m.  The counterintelligence elements of the Naval Investigative Service.

n.  The counterintelligence elements of the Air Force Office of Special 
Investigations.

o.  The 650th Military Intelligence Group, SHAPE.

p.  Other organizations, staffs, and offices, when used for foreign 
intelligence or counterintelligence activities to which part 2 of E.O. 12333
(reference (a)), applies; provided that the heads of such organizations, 
staffs, and offices shall not be considered as heads of DoD intelligence 
components for purposes of this Regulation.  

9.  Electronic surveillance.  Acquisition of a nonpublic communication by 
electronic means without the consent of a person who is a party to an 
electronic communication or, in the case of a nonelectronic communication,
without the consent of a person who is visibly present at the place of 
communication, but not including the use of radio direction finding 
equipment solely to determine the location of a transmitter.  (Electronic 
surveillance within the United States is subject to the definitions in the 
Foreign Intelligence Surveillance Act of 1978, (reference (b)).)  

10.  Employee.  A person employed by, assigned to, or acting for an agency 
within the intelligence community, including contractors and persons 
otherwise acting at the direction of such an agency.

11.  Foreign intelligence.  Information relating to the capabilities, 
intentions, and activities of foreign powers, organizations, or persons, 
but not including counterintelligence except for information on 
international terrorist activities.

12.  Foreign power.  Any foreign government (regardless of whether 
recognized by the United States), foreign-based political party (or faction 
thereof), foreign military force, foreign-based terrorist group, or any 
organization composed, in major part, of any such entity or entities.

13.  Intelligence Activities.  Refer to all activities that DoD intelligence
components are authorized to undertake pursuant to Executive Order 12333 
(reference (a)).

14.  Intelligence Community and an agency of or within the Intelligence 
Community.  Refers to the following organizations:

a.  The Central Intelligence Agency (CIA).

b.  The National Security Agency (NSA).

c.  The Defense Intelligence Agency (DIA).

d.  The offices within the Department of Defense for the collection of 
specialized national foreign intelligence through reconnaissance programs.

e.  The Bureau of Intelligence and Research of the Department of State.

f.  The intelligence elements of the Army, Navy, Air Force and Marine Corps,
the Federal Bureau of Investigation (FBI), the Department of the Treasury, 
and the Department of Energy.

g.  The staff elements of the Office of the Director of Central Intelligence.

15.  International Narcotics Activities.  Refers to activities outside the 
United States to produce, transfer or sell narcotics or other substances 
controlled in accordance with title 21, United States Code, Sections 811 
and 812.

16.  International Terrorist Activities.  Activities undertaken by or in 
support of terrorists or terrorist organizations that occur totally outside 
the United States, or that transcend national boundaries in terms of the 
means by which they are accomplished, the persons they appear intended to 
coerce or intimidate, or the locale in which the perpetrators operate or 
seek asylum.

17.  Lawful investigation.  An investigation qualifies as a lawful 
investigation if the subject of the investigation is within DoD 
investigative jurisdiction; if it is conducted by a DoD component that has 
authorization to conduct the particular type of investigation concerned 
(for example, counterintelligence, personnel security, physical security, 
communications security); and if the investigation is conducted in 
accordance with applicable law and policy, including E.O. 12333 and this 
Regulation.

18.  Law Enforcement Activities.  Activities undertaken for the purpose of 
detecting violations of law or to locate and apprehend persons who violate 
the law.  This includes activities to enforce the Uniform Code of Military 
Justice.

19.  Personnel security investigation:

a.  An inquiry into the activities of a person granted access to
intelligence or other classified information; or a person who is being 
considered for access to intelligence or other classified information, 
including persons who are granted or may be granted access to facilities 
of DoD intelligence components; or a person to be assigned or retained in 
a position with sensitive duties.  The investigation is designed to develop
information pertaining to the suitability, eligibility, and trustworthiness 
of the individual with respect to loyalty, character, emotional stability 
and reliability.

b.  Inquiries and other activities directed against DoD employees or members
of a military service to determine the facts of possible voluntary 
compromise of classified information by them.

c.  The collection of information about or from military personnel in the 
course of tactical training exercises for security training purposes.

20.  Physical security.  The physical measures taken to prevent unauthorized
access to, and prevent the damage or loss of, equipment, facilities, 
material and documents; and measures undertaken to protect DoD personnel 
from physical threats to their safety.

21.  Physical security investigation.  All inquiries, inspections, or 
surveys of the effectiveness of controls and procedures designed to provide 
physical security; and all inquiries and other actions undertaken to obtain 
information pertaining to physical threats to DoD personnel or property.

22.  Reasonable belief.  A reasonable belief arises when the facts and 
circumstances are such that a reasonable person would hold the belief.  
Reasonable belief must rest on facts and circumstances that can be 
articulated; "hunches" or intuitions are not sufficient.  Reasonable belief 
can be based on experience, training, and knowledge in foreign intelligence 
or counterintelligence work applied to facts and circumstances at hand, so 
that a trained and experienced "reasonable person" might hold a reasonable 
belief sufficient to satisfy this criterion when someone unfamiliar with 
foreign intelligence or counterintelligence work might not.

23.  Signals intelligence.  A category of intelligence including 
communications intelligence, electronic intelligence, and foreign 
instrumentation signals intelligence, either individually or in combination.

24.  United States.  When used to describe a place, the term shall include 
the territories under the sovereignty of the United States.

27.  United States person.

a.  The term "United States person" means:

	(1)  A United States citizen;

	(2)  An alien known by the DoD intelligence component concerned to 
be a permanent resident alien;

	(3)  An unincorporated association substantially composed of United 
States citizens or permanent resident aliens;

	(4)  A corporation incorporated in the United States, except for a 
corporation directed and controlled by a foreign government or governments. 
A corporation or corporate subsidiary incorporated abroad, even if partially
or wholly owned by a corporation incorporated in the United States, is not
a United States person.

b.  A person or organization outside the United States shall be presumed not
to be a United States person unless specific information to the contrary is 
obtained.  An alien in the United States shall be presumed not to be a 
United States person unless specific information to the contrary is obtained.

c.  A permanent resident alien is a foreign national lawfully admitted into 
the United States for permanent residence.