DEPARTMENT  OF  THE  NAVY 
HEADQUARTERS  UNITED  STATES  MARINE  CORPS 
WASHINGTON.  D.C.  20380 
MCO    3870.2 
IGA 
30  May    1986 
MARINE  CORPS  Qi&SR  ,387Q»2  . 
Prom:  Commandant  of  the  Marine  Corps 
To:    Distribution  List 
Subj:  Conduct  and  Oversight  of  Intelligence  and  Other  Special  Activities  Within  the 
Marine  Corps 
Ref:    (a)  SECNAVINST  3820. 3C 
(b)  SECNAVINST  5430. 57D 
(c)  MCO  5040. 6C 
Report  Required:  Quarterly  Intelligence  Oversight  Report  (Report  Symbol  EXEMPT), 
par.  5c 
1.  Purpose.  To  establish  procedures  and  responsibilities  for  the  conduct  and  over- 
sight of  intelligence  and  other  special  activities  within  the  Marine  Corps. 
2.  Information 
a.  Reference  (a)  promulgated  policies  and  procedures  governing  the  assignment  of 
responsibility  for  intelligence  oversight  functions  within  the  Department  of  the  Navy 
(DON) .   It  provides  DON  guidance  for  the  implementation  of  Executive  Order  12333 
(United  States  Intelligence  Activities)  and  Executive  Order  12334  (President's  Intel- 
ligence Oversight  Board) .   Extracts  from  reference  (a)  are  included  in  this  Order  to 
highlight  salient  requirements  of  the  intelligence  oversight  process. 
b.  Reference  (a)  states  that  DON  intelligence  components  include  the  "intelli- 
gence, signals  intelligence,  and  counterintelligence  elements  of  the  Marine  Corps." 
For  purposes  of  intelligence  oversight,  Marine  Corps  intelligence  components  include 
the  Intelligence  Division,  HQMC,  the  G-2  sections  of  major  FMF  commands,  the  two  radio 
battalions,  all  interrogator-translator  teams,  all  counterintelligence  teams,  and  the 
staff  counterintelligence  officer  of  major  non-FMF  commands  and  bases. 
c.  This  Order  does  not  apply  to  law  enforcement  activities  conducted  by  Marine 
Corps  commands. 
3.  EoJLicv. 
a.  Marine  Corps  intelligence  components  will  carry  out  their  authorized  functions 
in  a  manner  that  protects  the  constitutional  eights  and  privacy  of  O.S.  citizens 
per  reference  (a) .  No  Marine  Corp£  Intelligence  component  will  request  any  person  or 
agency  to  undertake  unauthorized  activities. 
b.  The  use  of  collection  techniques  authorized  by  enclosure  (2)  of  reference  (a) 
will  be  limited  to  those  necessary  to  perform  functions  assigned  to  the  Marine  Corps 
intelligence  component  concerned. 
c.  Marine  Corps  intelligence  components  vill   not  conduct,  or  provide  support  for 
special  activities  except  in  time  of  war,  or  during  a  period  covered  by  the  War  Powers 
Resolution,  50  U.S.C.  1541-1548,  or  when  such  activities  have  been  approved  by  the 
President  and  directed  by  the  Secretary  of  Defense. 
PCN  102  03563d  JO
MCO  3870.2 
30  May  1986 
4.   Refopnsibillties  for  Intelligence  Oversight 
a.  Inspector  Geiferal  of  the  Marine  Corps  will: 
(1)  Carry  out  intelligence  oversight  responsibilities  required  by  references 
(a)  and  (b) . 
(2)  Inspect  Marine  Corps  intelligence  components  to  ensure  compliance  with 
reference  (a)  and  this  Order. 
(3)  Determine  if  procedures  exist  within  all  Marine  Corps  intelligence  compo- 
nents for  the  reporting  of  questionable  activities  and  violations  of  Federal  law,  and 
that  members  of  such  components  are  aware  of  their  responsibilities  to  report  such 
activities. 
(4)  Investigate  reports  of  questionable  activities  conducted  by  or  on  behalf 
of  Marine  Corps  intelligence  components. 
(5)  In  the  event  questionable  activities  were  conducted  but  not  reported, 
ascertain  the  reason  for  failure  to  report  such  activities  and  make  recommendations 
for  corrective  action. 
(6)  Determine  if  members  of  Marine  Corps  intelligence  components  are  familiar 
with  the  provisions  of  reference  (a)  and  this  Order  as  they  pertain  to  the  operations 
and  activities  of  their  components. 
(7)  Refer  reports  of  questionable  activities  conducted  by  or  on  behalf  of 
Marine  Corps  intelligence  components  to  the  Office  of  the  General  Counsel,  Department 
of  the  Navy  or  Judge  Advocate  General,  as  appropriate,  for  a  determination  whether 
such  activities  are  legal  and  consistent  with  applicable  policy. 
be   The  Counsel  for  the  Commandant  and  the  Director,  Judge  Advocate  Division  will 
jointly: 
(1)  Determine  whether  activities  conducted  by  the  Marine  Corps  intelligence 
components  are  legal  and  consistent  with  applicable  policy. 
(2)  Refer  all  reports  of  questionable  activity  conducted  by  or  on  behalf  of 
Marine  Corps  intelligence  components  to  the  Inspector  General  of  the  Marine  Corps  for 
investigation. 
c.   Director  of  Intelligence,  HQMC  and  heads,  Marine  Corps  intelligence  components 
will: 
(1)  Ensure  that  Marine  Corps  intelligence  components  and  intelligence  sections 
of  their  subordinate  commands,  where  appropriate,  do  not  conduct  any  activities  that 
are  unlawful  or  not  in  compliance  with  reference  (a)  and  this  Order. 
(2)  Report  to  appropriate  legal  authority  and  the  Inspector  General  of  the 
Marine  Corps  all  questionable  activities  conducted  by  or  on  behalf  of  Marine  Corps 
intelligence  components. 
(3)  Refer  all  questions  pertaining  to  the  legality  of  planned  intelligence 
activity  to  the  appropriate  legal  authority  for  review  prior  to  implementation. 
(4)  Ensure  that  members  of  the  intelligence  components  are  aware  of  the  re- 
quirement to  report  all  questionable  or  suspected  violations  of  Federal  statutes  and 
the  procedures  set  forth  in  the  references  and  this  Order  governing  the  activities  of 
intelligence  collection  that  affect  U.S.  citizens. 
(5)  Initiate  appropriate  administrative  sanctions  in  case  of  violations  of  the 
references  and  this  Order.
MCO  3870.2 
30  May  1986 
(6)  Ensure  that  no  adverse  action  is  taken  against  any  member  because  the 
member  reported  activities  pursuant  to  this  Order. 
(7)  Ensure  that  the  Inspector  General  of  the  Marine  Corps  is  regularly 
briefed  on  all  ongoing  and  proposed  Marine  Corps  intelligence  and  special  activities. 
(8)  Ensure  that  the  Inspector  General  of  the  Marine  Corps,  appropriate  legal 
authorities,  and  intelligence  oversight  officials  have  access  to  all  information 
concerning  intelligence  activities  and  that  members  of  their  components  cooperate 
fully  with  such  officials. 
(9)  In  accordance  vith  references  (b)  and  (c)  provide 'technical  augmentation 
personnel  to  the  Inspector  General  of  the  Marine  Corps  for  inspections  of  intelligence 
oversight. 
(10)  Conduct  intelligence  oversight  training  at  least  annually. 
d.  Members  of  Marine  Corps  intelligence  components  will  be  responsible  for: 
(1)  Conducting  intelligence  activities  pursuant  to  and  in  accordance  with  the 
references  and  this  Order. 
(2)  Reporting  all  intelligence  activities  that  violate  Federal  law,  Executive 
order,  Presidential  directive,  or  applicable  DoD,  DON,  or  HQMC  policy  to  appropriate 
legal  authority,  the  Inspector  General  of  the  Marine  Corps,  or  appropriate  commanders. 
(3)  Reporting  to  appropriate  legal  authority  facts  or  circumstances  that  indi- 
cate a  member  of  the  intelligence  component  may  have  violated  a  Federal  criminal 
statute  or  any  person  suspected  of  violation  of  Federal  criminal  statute  enumerated  in 
enclosure  (3)  of  reference  (a). 
5.  Quarterly  Intelligence  Oversight  Review  and  Report 
a.  On  a  quarterly  basis,  and  more  frequently  if  necessary,  the  Director  of  Intel- 
ligence, HQMC  will  provide  to  the  Dnder  Secretary  of  the  Navy,  via  the  DON  Intelli- 
gence Oversight  Board: 
(1)  Summary  of  all  existing  and  proposed  intelligence  activities  and  pro- 
grams of  significance; 
(2)  Summary  of  all  existing  and  proposed  intelligence  activities  and  pro- 
grams which  involve  intelligence  activities,  sources,  methods,  or  techniques  not  pre- 
viously reviewed;  and 
(3)  Summary  of  all  existing  and  proposed  intelligence  activities  and  pro- 
grams which  may  be  in  violation  of  U.S.  or  foreign  law  or  any  status  of  forces  or 
other  international  agreement,  or  which  may  be  contrary  to  the  Executive  order,  Presi- 
dential directive,  or  applicable  DoD,  DON,  or  HQMC  policy. 
b.  The  Inspector  General  of  the  Marine  Corps  will  submit  to  the  Chairman,  Intel- 
ligence Oversight  Board  via  the  Secretary  of  the  Navy  and  the  Assistant  to  the 
Secretary  of  Defense  (Intelligence  Oversight),  a  quarterly  intelligence  oversight 
report  covering: 
(1)  Any  intelligence  activity  that  is  believed  to  be  in  violation  of  or  in 
conflict  with  reference  (a),  this  Order,  and  other  applicable  policy. 
(2)  All  significant  intelligence  oversight  activities  undertaken  during  the 
quarter.
i  ■'  77 
-O' 
MCO  3870.2 
30  May  1966 
(3)  Recommendations  for  improvement  of  the  intelligence  oversight  system. 
c.  The  reporting  requirement  is  EXEMPT  from  reports  control  and  requires  no 
report  symbol. 
6.  Retention  of  Records.  Documentation  and  records  developed  during  the  oversight 
process  will  be  retained  permanently  unless  otherwise  directed  by  the  CMC  (INT) . 
Locally  held  intelligence  oversight  case  files  will  be  reviewed  every  3  years.  Opon 
completion  of  review,  requests  for  disposition  instructions  will  be  directed  to  the 
CMC  (INT). 
7.  Intelligence  Oversight  Training 
a.  Particular  attention  is  directed  to  paragraph  4c (10)  above  which  requires 
annual  intelligence  oversight  training  of  members  of  intelligence  components. 
b.  Marine  Corps  intelligence  components  will  ensure  that  all  members,  including 
intelligence  personnel  of  subordinate  commands,  are  familiar  with  relevant  portions  of 
reference  (a)  and  this  Order.  Specific  guidance  is  provided  in  enclosure  (2),  Proce- 
dure 14,  of  reference  (a). 
c.  Intelligence  oversight  training  will  be  documented  and  then  reviewed  during 
oversight  inspections. 
8.  Reserve  Applicability.  This  Order  is  applicable  to  the  Marine  Corps  Reserve. 
C.  D.  DEAN 
Chief  of  S-aff 
DISTRIBUTION:   L14  plus  7000  (3) 
Copy  to:   8145001