10 August 2000. Thanks to Bo Elkjær.

[2 pages.]

CHAIRMAN OF THE JOINT
CHIEFS OF STAFF
INSTRUCTION

COMBATANT COMMAND PARTICIPATION IN THE CRYPTOLOGIC
PROGRAM PROGRAMMING AND BUDGETING CYCLE

References:

a. NSA/CSS Circular 112-03, "The CCP Program/Budget Review Group"

b. DIA Manual 58-17, 5 May 1995, Defense Signals Intelligence (SIGINT) Requirements Manual"

c. CJCSI 3170.01 Series, "Requirements Generation System"

1. Purpose. This instruction establishes policy governing participation in the Consolidated Cryptologic Program (CCP) and Defense Cryptologic Program (DCP).

2. Cancellation. MCM-70-92, 12 May 1992, is canceled.

3. Applicability. This instruction applies to the Joint Staff, Services, combatant commands, DIA, and NSA.

4. Policy. Joint Staff/J8 will designate representation to the National Security Agency (NSA) Program and Budget Review Group (PBRG), in accordance with reference a, the Defense Cryptologic Program Working Group (DCPWG) and their subcommittees and working groups, to act on behalf of the SIGINT-user interests of the Joint Staff and combatant commands. Joint Staff/J8 will identify this representation to NSA by name. The Joint Staff/J2 and DIA will provide support to the J8 as required.

5. Definitions. None.

6. Responsibilities

a. NSA will keep Joint Staff/J8 informed of PBRG/DCPWG activities, plans, schedules, and requirements.

b. Joint Staff/J8 will provide the PBRG/DCPWG a consolidated, validated assessment of Joint Staff and combatant command SIGINT needs and shortfalls early in the CCP/DCP cycle. This assessment will be based on requirements identified in the Joint Planning Document, C4ISR Integrated Architecture Program, Joint Military Readiness Reports, Integrated Priority Lists, Military Intelligence Board Lessons Learned program, and other sources, to include command visits.

c. Joint Staff/J8 will provide the Director, Joint Staff, and combatant commands with a summary of PBRG/DCPWG activities to include discussion of actions taken to address its needs, shortfalls, and issues. Copies will be provided to the Director, NSA, Services, and Deputy Assistant Secretary of Defense (Intelligence and Security).

d. The combatant commands will continue to use the procedures of reference b to identify SIGINT production requirements. Reference c, the CIAP process, and other programming avenues will be used to identify other SIGINT needs.

7. Effective Date. This instruction is effective upon receipt.

For the Chairman of the Joint Chiefs of Staff:

/Signature/
DENNIS C. BLAIR
Vice Admiral, U.S. Navy
Director, Joint Staff

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CHAIRMAN OF THE JOINT
CHIEFS OF STAFF
INSTRUCTION

OVERSIGHT OF INTELLIGENCE ACTIVITIES

References:

a. Executive Order 12333, 4 december 1981, "United States Intelligence Activities"

b. DODD 5240.1, 25 April 1988, "DoD Intelligence Activities"

c. DOD 5240.1-R, 7 December 1982, "Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons"

1. Purpose: This instruction concerning ovewrsight of intelligence activities programs provides policy guidance to commanders of combatant commands, subunified commands, or joint task forces.

2. Cancellation: MCM 75-91, 6 May 1991, is cancelled.

3. Applicability: This instruction applies to all intelligence activities assigned to, attached to, or under the operational control of combatant commands, subunified commands, or joint task forces.

4. Policy:

a. The intelligence staffs of the Joint Staff, combatant commands, subunified commands, or joint task forces may collect, retain, and disseminate foreign intelligence and counterintelligence, including material concerning US persons.

b. These intelligence staffs will fully comply with reference a, b, and c.

5. Definition: ["]Questionable intelligence activity" refers to any conduct which constitutes, or is related to, an intelligence activity that may violate the law, any Executive order, Presidential directive, or applicable DoD policy. Reference c explains this term and the full range of procedures which govern identification, investigation, and reporting of these activities.

6. Responsibilities: Addressees are requested to establish an intelligence oversight program that is legal, proper, and in compliance with the above policy for their intelligence staffs and other joint staffs, offices, or elements which manage, set policy, monitor, or conduct intelligence or counterintelligence collection activities). To implement the above policy, the following apply:

a. Commanders of combatant commands will ensure that:

(1) Personnel conducting intelligence activities are familiar with references a and b, as directed by Procedure 14, reference c, and are aware of the obligation to report questionable intelligence activity under Procedure 15, reference c.

(2) An oversight program is established by command inspectors general (IGs) with support from staff judge advocates (SJAs) to ensure compliance with law and DOD policy as required by Procedure 15, reference c.

(3) A report concerning any questionable intelligence activity is submitted immediately to the Joint Staff IG who will provide a report to the Chairman of the Joint Chiefs of Staff; the General Counsel, Department of Defense; and the Assistant to the Secretary of Defense (Intelligence Oversight) (ATSD(IO)). When the questionable activity pertains to an organization attached to, or under the operational control of, combatant or subunified commands or joint task forces, the Joint Staff IG will provide concurrent notification to the IG of the parent organization.

(4) A quarterly report is submitted to the Joint Staff IG describing significant IG and SJA intelligence oversight activities undertaken during the quarter. The report should include (a) additional information concerning questionable intelligence activities and actions taken with respect to such activities, and (b) suggestions for improvements to the oversight system. inputs are due to the Joint Staff 15 days after the end of each quarter.

b. Quarterly unified command reports should cover the combatant command's headquarters and subordinate joint organizations. oversight activities of the component commands will be conducted and reported by the Services to the ATSD(IO) in accordance with Service regulations. Concurrently, a copy of the component's quarterly report will be provided by the component to its respective combatant command.

c. The Director, Joint Staff, will provide instructions for the conduct of intelligence oversight activities to those organizations reporting directly to the Chairman of the Joint Chiefs of Staff.

[d. not used.]

e. The Joint Staff IG will submit a consolidated quarterly report of the oversight activities of the Joint Staff and combatant commands to ATSD(IO).

9. Effective Date. This instruction is effective upon receipt.

For the Chairman, Joint Chiefs of Staff:

/Signature/ CARLTON W. FULFORD
Major General, USMC
Vice Director, Joint Staff

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