FOR OFFICIAL USE ONLY
Intelligence Oversight
5 December 2006
FMI 2-22.9
B-5
FOR OFFICIAL USE ONLY
B-19.
Army intelligence components will interpret nothing in AR 381-10 as authorizing the collection of
any information relating to a US person solely because of that person’s lawful advocacy of measures
opposed to government policy as embodied in the First Amendment to the US Constitution. The First
Amendment states:
Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the government for a redress of
grievances.
Retention of US Person Information
B-20.
Retention refers only to maintaining information about US persons that the Army intelligence
component can retrieve by the person’s name or other personal identifying data. AR 381-10, Procedure 3,
describes the kinds of US person information that Army intelligence component may knowingly retain
without the individual’s consent. AR 381-10 authorizes the retention of US person information under the
following criteria:
z
Information properly collected in accordance with AR 381-10, Procedure 2
z
Information acquired incidentally. Army intelligence components acquired the information
incidental to an otherwise authorized collection activity, and retained the information if it––
Could have been collected intentionally under the provisions of AR 381-10, Procedure 2.
Is necessary to understand or assess foreign intelligence or CI.
Is foreign intelligence or CI collected from authorized electronic surveillance. Electronic
surveillance means the 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 non-electronic 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.
Is incidental to authorized collection and may indicate involvement in activities that may
violate Federal, State, local, or foreign law.
z
Information relating to functions of other Army activities, DOD components, or non-DOD
agencies. The information pertains solely to the functions and responsibilities of other activities,
components or agencies, and is retained only as necessary to transmit the information to that
agency. The transmittal is filed and destroyed under general correspondence records
management. Army intelligence components will not retain the information in intelligence
databases or repositories.
z
Temporary retention. Army intelligence components may retain information up to 90 days,
solely to determine if the information is, in fact, retainable under this regulation. The 90-day
period starts upon receipt of the information.
z
Other information. Army intelligence components will only retain information not covered in
this section to report the collection for oversight purposes and for necessary subsequent
proceedings.
B-21.
Access to US person information retained in intelligence files, databases, and repositories is limited
to those with a need to know the information. US person information in intelligence files, databases, and
repositories is retained in accordance with disposition criteria in AR 25-400-2. Intelligence components
will review intelligence files and databases annually. Intelligence components will specifically review US
person information to ensure its retention is still necessary to an assigned function. This ensures US person
information is not held beyond established disposition criteria, is retained for an authorized function, and
was not retained in violation of this regulation. This does not apply to the Investigative Records Repository
or other authorized long-term records holding areas.