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From the editor.

Michael P. Ley

Like the surprise attack on Pearl Harbor some 60 years ago, the devastating attacks on the World Trade Center and Pentagon 11 September 2001 jolted U.S. citizens out of their complacency and attitude that "it can't happen here." For those of us living in both 1941 and 2001, no longer was the war "over there." Both attacks struck the core of the nation's economic, military, and political institutions and both would leave an indelible mark on the citizens of the United States.

The shocking and tragic events of September, 11 proved to be but the tip of the iceberg. On 8 October 2001, the President signed Executive Order 13228, Establishing the Office of Homeland Security and the Homeland Security Council, which established the Office of Homeland Security (OHS). Homeland Security (HLS) consists of two broad mission areas: Homeland Defense (HLD) and Domestic Support. Of these, the Department of Defense (DOD) serves as the executive agent for HLD with support from other federal and state agencies while the Federal Emergency Management Agency (FEMA) serves as an executive agency for Domestic Support issues with the support of DOD and other agencies.

The OHS has the primary mission of developing coordinating, and implementing a comprehensive national strategy to secure the United States from terrorist threats or attacks. Efforts to execute Executive Order 13228 have affected nearly every aspect of our daily lives. We are still feeling these impacts on Wall Street, Pennsylvania Avenue and Rodeo Drive not only with regard to increased security but also with the cost of the Global War on Terrorism that began with the attacks in New York City and Washington D.C.

Today U.S. citizens live with roadblocks and safety zones installed around our government buildings and increased security in our cities and airports and seaports Additionally we have seen our military forces and those of our allies dispatched to Afghanistan. This movement of troops, the subsequent operations, and the successes of these military forces have for the moment allowed the United States and her allies to regain the initiative There we continue to push and force AI Qaeda from its caves and safe houses. We have taken the fight the enemy-and since October 2001 also have moved U.S. to forces into Pakistan, the Phil Philippines, and other locations. Additional deployments will follow as the War on Terrorism continues, and it will go on for some time.

This edition of the Military Intelligence Professional Bulletin (MIPB) focuses on many aspects of HLS. As President George W. Bush said during a speech at the Citadel, We have to think differently. The enemy who appeared on September eleventh seeks to avoid our strengths and constantly searches for our weaknesses so America is required once again to change the way our military thinks and fights. The enemies worldwide got a chance to see the new American military on October 7[2001]. Our military cannot and will not be evaded."

In such a diverse and dynamic society as ours, HLS issues, especially those addressing the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) and Intelligence Oversight issues, remain controversial. MIPB serves as a conduit between the Intelligence Center and Ml professionals and as such has sought input from a variety of sources regarding Homeland Security. The articles submitted do not necessarily reflect the official policy or position of the U.S. Army, Department of Defense, or the U.S. Government.

Regarding the articles in this issue of MIPB, although each writer may not specifically refer to the orders, regulations, and policies listed below, all intelligence activities must adhere to Intelligence Oversight policy. Executive Order 12333, United States Intelligence Activities, and the Crimes Reporting Memorandum of Understanding between the Department of Justice and Intelligence Community members stipulate that certain activities of intelligence components that affect U.S. persons be governed by procedures issued by the agency head and approved by the Attorney General. AR 381-10, U.S. Army Intelligence Activity, establishes the responsibility for intelligence activities concerning U.S. persons, includes guidance on the conduct of intrusive intelligence collection techniques, and provides reporting procedures for certain federal crimes.

AR 381-10 implements--

* Executive Order 12333.

* DOD Directive 5240.1, DOD Intelligence Activities.

* DOD Regulation 5240.1-R, Procedures Governing the Activities of DOD Intelligence Components That Affect United States Persons.

* DOD Instruction 5240.4, Reporting of Counterintelligence and Criminal Violations.

AR 381-10 applies to the Active Army, the U.S. Army National Guard, and the U.S. Army Reserve. It also applies to Army intelligence components and those non-intelligence components conducting intelligence activities.

This issue also includes an extract of a memorandum signed by Lieutenant General Robert W. Noonan, Jr., Subject: Collecting Information on U.S. Persons, on 5 November 2001. In the memorandum, LTG Noonan offered the following guidance:

a. Contrary to popular belief, there is no absolute ban on intelligence components collecting U.S. person information. Rather, EO 12333 and implementing policy in DOD 5240. 1-R and AR 381-10 regulate that collection.

b. Intelligence components may collect U.S. person information when the component has the mission (or "function") to do so, and the information falls within one of the categories listed in DOD 5240.1-R and AR 381-10.

LTG Noonan also explained that--MI may receive in formation from anyone, anytime. If the information is U.S. person in formation, MI may retain that information if it meets the two-part test discussed in paragraph b above.

Finally, the subject is again addressed in this issue by a memorandum signed by LTG Claudia J. Kennedy, Subject: Policy Guidance for Intelligence Support to Force Protection in CONUS, on 19 February 1999.

As each article discusses intelligence collection to support antiterrorism, force protection, and Homeland Security, although not specifically cited or caveated, active adherence to Intelligence Oversight policy is implied.

RELATED ARTICLE: JAC/JRISE Needs MI Reservists

The Joint Analysis Center/Joint Reserve Intelligence Support Element (JAC/JRISE) located in Atlanta, Georgia, is looking for branch-qualified Military Intelligence officers (35B/D), warrant officers (350B, 350D), and enlisted personnel (96B, 96D). Applicants must have a current TS/SCI security clearance and be MOS-qualified. Unit members typically drill at Fort Gillem, Georgia, for IDT, ADT, and AT but also participate in mission work at the Joint Analysis Center in the United Kingdom and other overseas assignments on an as-needed basis. In addition, this unit offers training, challenging work (supporting real-world intelligence missions), flexible scheduling, and combined IDTs. Interested soldiers should contact SGT Campbell, the JAC JRISE Recruitment NCO, at (404) 469-3151 or DSN 797-3151.
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Publication:Military Intelligence Professional Bulletin
Date:Jul 1, 2002
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Previous Article:102d Military Intelligence Battalion. (Knowledge for Battle).
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