U.S. DOD Form dod-secnavinst-5000-34b
DE PA RTMENTOF
OF FICEOF
1000
NAVY
WASHINGTON,
THE
THE
NAVY
SECRETARY
PENTAGON
D. C.2035O-1OOO
SECNAVINST
5000.34B
USN (ASP)
13 August 1998
SECNAV
INSTRUCTION
5000.34B
From:
To:
Secretary
All Ships
Subj :
OVERSIGHT OF COMPARTMENTED
PROGRAMS
DEPARTMENT
OF THE NAVY (DON)
of the Navy
and Stations
AND
SENSITIVE
ACTIVITIES
WITHIN
THE
Encl :
and Membership
(1) Senior Review Board Jurisdiction
and Membership.
(2) Special Programs Review Group Jurisdiction
Review Board Jurisdiction
and Membership
(3) Special Activities
Ref:
(a) DoD Directive 0-5205.7, Special Access Program (SAP) Policy,
13 Jan 97 (NOTAL)
s5460.3B, Control of Special Access Programs Within the
(b) SECNAVINST
Department
of the Navy (U), 30 Aug 91 (NOTAL)
Activities,
25 Apr 88
(c) DoD Directive 5240.1, DoD Intelligence
(NOTAL )
(d) SECNAVINST
3820.3D, Oversight of Intelligence
Activities
Within the
Department
of the Navy, 26 Aug 88 (NOTAL)
22 May 97 (NOTAL)
(e) DoD Directive 5240.2, DoD Counterintelligence,
3850.2B, Department of the Navy Counterintelligence,
(f) SECNAVINST
24 Feb 91 (NOTAL)
(g) DoD Directive S521O.36, Provision of DoD Sensitive Support to DoD
Components
and Other Departments
and Agencies of the U.S.
Government
(U), 10 Jun 86 (NOTAL)
(h) DoD Directive 5525.5, DoD Cooperation
with Civilian Law Enforcement
Officials,
15 Jan 1986 (NOTAL)
5820.7B, Cooperation
with Civilian Law Enforcement
(i) SECNAVINST
Officials,
28 Mar 88
5520.3B, Criminal and Security Investigations
and
(j) SECNAVINST
Related Activities
Within the Department
of the Navy, 4 Jan 93
s381O.5A, Management
of Foreign Intelligence,
(k) SECNAVINST
Counterintelligence
and Investigative
Activities
within the
Department
of the Navy (U), 22 Apr 85 (NOTAL)
(1) SECNAVINST
3820.2D, Investigative
and Counterintelligence
Collection
and Retention Guidelines
Pertaining to the Department
of
the Navy, 20 Aug 80
for Use of Emergency and
(m) SECNAVINST 7042.12A, Guidelines
Extraordinary
Expense Funding for Intelligence
and Investigative
Purposes, 13 Nov 86 (NOTAL)
(n) SECNAVINST
7042.7H, Guidelines
for Use of Official Representation
Funds, 5 Dec 90 (NOTAL)
(o) CJCSI 2420.OIA, United States Freedom of Navigation
Program and
Sensitive Area Reporting,
18 Dec 95 (NOTAL)
(p) CJCSM 3500.03, Joint Training Manual for the Armed Forces of the
United States, 01 Jun 96 (NOTAL)
(q) CJCSI 3250.01, Policy Guidance for Sensitive Airborne and Maritime
Surface Reconnaissance
Operations,
06 May 94 (NOTAL)
Subject, 23 NOV 95 (NOTAL)
(r) CJCSI 3250.02, Classified
for Approving
Operational
(s) CJCSI 3710.01, Delegation of Authority
Support to Drug Law Enforcement Agencies and Counterdrug–Related
Deployment
of DOD Personnel, 28 May 93 (NOTAL)
SECNAVINST
5000.34B
13 4U6 1998
(t) SECNAVINST
(U)
1.
5730.13, Congressional
Notification
of Intelligence
Matters Having Significant
Operational
or Acquisition
Consequences,
29 Sep 95 (IJOTAL)
of the Navy Internal Audit, 11 Ott 91
SECNAVINST
751O.7E, Department
Purpose
a.
To assign the Under Secretary of the Navy
responsibility
for the oversight of compartmented
activities within the DON.
(UNSECNAV) authority and
programs and sensitive
b.
To establish policy and assign responsibility
for the oversight
compartmented
programs and sensitive activities within the DON.
of
c. To establish a Senior Review Board (SRB), Special Programs Review
Review Board (SARB) to assist the Under
Group (SPRG) and Sensitive Activities
Secretary of the Navy with oversight functions as appropriate.
This
instruction
is a complete
revision
which
should
be read
in its entirety.
UNSECNAV Memorandum
dated 15 January 1993(U) (Subject:
Cancellation.
2.
Oversight of Compartmented
Activities
in the DON (NOTAL)); SECNAVINST
5000.34A.
Scope and Applicability.
This instruction
governs all sensitive
3.
control of the
activities which are under the jurisdiction
and operational
and activities
and their personnel,
DON . It applies to all components
supporting
contractors
and consultants.
4.
Background
a.
References
(a) and (b) authorize the establishment
or continuation
of
Special Access Programs
(SAPS) only when absolutely
necessary
to protect the
nation’s most sensitive and critical information
or when required by statute.
Establishment
of SAPS shall be consistent with law, treaty, policy and
regulation,
and be based on a determination
that the threat and/or
Reference
(a) further requires DON
vulnerability
warrant enhanced protection.
to establish mechanisms
to ensure adequate management,
administration
and
oversight of DON SAPS.
b.
Reference
(c) requires that all intelligence
activities
shall be
carried out in strict conformity with the U.S. Constitution,
applicable
laws,
It further requires
Executive Order 12333, and other relevant DoD Directives.
all DoD intelligence
component employees to report all intelligence
activities
that may violate a U.S. law, Executive Order, presidential
Directive,
or
applicable
DoD policy to the Inspector General or General Counsel responsible
Reference
(d) implements
for the DoD intelligence
component involved.
Additional
guidance on counterintelligence
is
reference
(c) within DON.
provided at references
(e) and (f) .
c.
References
(g) through
(n) describe additional
activities
which
including support for
come under the purview of this instruction,
counterintelligence
programs,
counterterrorism
training and operations,
support to civilian law enforcement
agencies.
5.
may
and
Policy
a. Activities
covered by this instruction
shall be conducted in strict
and policies.
accordance with all governing laws, statutes, orders, directives
Maintaining
oversight of compartmented
programs and sensitive activities
is
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SECNAVINST
5000.34B
13 N.J619/ld
essential to achieving this objective.
shall
special and sensitive activities
with this instruction.
Therefore,
be provided
all SAPS,
oversight
intelligence,
in accordance
b.
In accordance with 10 U.S.C. S 5013, the Secretary of the Navy is
responsible
for, inter alia, the effective supervision
and control of all
matters related t=mp=mented
programs and sensitive activities
within DON.
In accordance with 10 U.S.C. SS 5013(f) and 5015(b), and by delegation
from
the Secretary,
final authority
for all activities within the purview of this
instruction
lies solely with the Under Secretary of the Navy, except where
In the absence of
expressly redelegate
by the Under Secretary of the Navy.
the Under Secretary,
the responsibilities
assigned to him herein shall be
by the
exercised by the Secretary of the Navy (SECNAV), or as redelegate
SECNAV .
c.
Oversight encompasses
more than a review for compliance with U.S.
Meaningful
oversight includes a broad
policy, directive and regulation.
review of compartmented
program and sensitive activity goals, objectives,
resources.
law
and
This instruction
is not intended to alter or impose duplicate
d.
reporting and advance coordination
for operational
matters which already
occurs for support
to civilian law enforcement
as set forth in reference
(i)
.­
reconnaissance
operations
or counterdrug
or for sensitive military activities,
support pursuant to references
(o) through
(s) .
lmy intelligence
matter having significant
operational
or acquisition
cons~quences
for DON shall, at the direction of the Under Secretary of the
Navy, be reported to Congress in accordance with reference
(t) .
does not constitute authority
for any DON component
f. This instruction
programs,
or person to initiate, conduct or support compartmented
intelligence,
sensitive or special activities without requisite prior approval
by an appropriate
official.
6.
Definitions
a.
including
Civilian
agency.
of one of the
(1) the United States (other than
the U.S. Coast Guard) ;
(2) a State
thereof)
ti agency
(or political
the Department
subdivision
(3) a Commonwealth,
Territory
of the United States.
following
thereof)
or Possession
jurisdictions:
of Defense,
of the United
(or political
but
States;
subdivision
An officer or employee of a
b.
Civilian Law Enforcement
Official.
civilian agency with responsibility
for enforcement
of the laws within the
jurisdiction
of that agency.
Compartmented
Program.
A program established
to protect and control
c.
sensitive intelligence
access to particularly
sensitive information,
*,
and special access programs.
sources and methods; operational
planning;
Access to such programs is limited to individuals
with a specific need for
such information
and who are therefore given specific security accesses and
indoctrination
for that purpose.
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SECNAVINST
5000.34B
13 AU6 1998
d.
Information
gathered and activities
conducted to
Counterintelligence.
other intelligence
activities,
sabotage conducted
protect against espionage,
persons, or terrorist
for or on behalf of foreign powers, organizations,
activities,
but not including personnel,
physical, document or communications
security programs.
e.
Measures used
Cover.
operations
from identification
to protect funding, personnel,
with clandestine
activities.
plans
or
The collection,
production
and dissemination
f.
Intelligence
Activities.
of foreign intelligence
and counterintelligence
by DON intelligence
components
activity may be a sensitive
authorized by reference
(c) . An intelligence
activity.
9.
Intelligence
Within
Components.
the DON,
refers
to:
(1) the Office of the Director of Naval Intelligence
the Office of the Chief of Naval Operations
(OPNAV) ;
(2) the Office
(3) Director,
(4) Marine
Marine
Corps
(5) the Naval
(6) Marine
of Naval
(7) intelligence
Intelligence
Intelligence
Support
within
Intelligence;
Corps
Security
(CNO(N2))
Group
Activity
Staff
(CI);
(MCIA);
Command;
Battalion;
and counterintelligence
elements
of the U.S.
Marine
Corps;
(8) the counterintelligence
Investigative
Service;
(9) Naval
and Marine
Corps
elements
Reserve
(10) other DON organizations,
intelligence
activities.
of the Naval
Intelligence
staffs
and offices
Criminal
Programs;
when
and
engaged
in
Activities
in support of
h.
Non-Intelligence
Sensitive Activity.
national security or foreign policy objectives
of the United States which may
involve: the potential
for public embarrassment
or controversy;
physical risks
to DON property or personnel;
or some type of adverse military or diplomatic
These activities may include support to
reaction to the proposed activity.
civilian law enforcement
as specified in reference
(i) .
i.
Questionable
Activity.
tiy conduct that may
applicable
law, treaty, regulation or policy.
constitute
a violation
of
Sensitive Activity.
Any activity requiring special protection
from
].
compromise
or threaten the DON.
Any
disclosure
which could embarrass,
activity which, if not properly executed or administered,
could raise issues
or
of unlawful conduct, government
ethics, or unusual danger to DON personnel
property.
k.
Special Access Program (SAP) . Any pKogram imposing need–to-know
or
access controls beyond those normally required for Confidential,
Secret or Top
Such a program includes but is not limited to a special
Secret information.
clearance, more stringent adjudication
or investigation
requirements;
special
4