Authority, responsibility, mission, functions Flashcards
SECNAVINST 5430.107A
agency receives authority; describes Mission & Functions
Statutory authority for investigative/CI jurisdiction
Federal Statutes (US Federal Code); Executive Orders (12333); DOD Directives & SEVNAVINST (SECNAVINST 5430.107A)
Agency Policies located in
NCIS-1 Manual for Admin; NCIS-3 Manual for Investigations
3 major missions of agency
prevent terorism; protect against foreign intel threats; reduce major crim. activity
Agency functions
Criminal investigations, criminal operations, fraud investigations, CI/CT investigations operations, threat warning analysis, internal security, cyber investigations & operations, support to special access programs (SAPs), technical surveillance countermeasures (TSCM), protective service operations, liaison
Are DON commands required to immediately refer to agency any actual or suspected major criminal offense?
Yes
What defines a “major criminal offense”?
Felony (any offense punishable under UCMJ/federal/state/local/foreign statutes by confinement for more than 1 year
Does the agency need to obtain authorization from a military commander before initiating a criminal investigation involving their command?
No
Within the DoN, who has the authority to direct the agency to suspend or terminate a criminal investigation?
Sec. of Navy
Are agents required to coordinate with military commander or director prior to tasking a military member to perform an undercover role in support of criminal investigation or op?
Yes, coordinate unless there is a threat safety or opsec concern
No, for a civilian employee
Military apprehension
military members taken into custody for suspected violation of UCMJ placed under military apprehension and turned over to their command
arrest
persons subject to local, state, federal laws are placed under arrest and presented to a civilian court to face criminal charges
Do agents have statutory authority to arrest civilians?
Yes, Title 10 USC 8750
Do active duty agents have same civilian arrest authority?
No- 18 USC 1385 Posse Comitatus Act
Does agency have exclusive responsibility within DoN for coordinating and conducting activities with FBI & CIA?
Yes
FBI: DOD & DOJ memo
CIA: DOD and Director of Central Intelligence Directive
SA’s hold what level of clearance
TS; need to know - relevant to performance of official duties; privilege that can be revoked
Authorized to administer oaths and take sworn statements from both military members & civilians?
Yes; 5 USC 303(b)
Who can authorize consensual interceptions of wire, electronic, or oral comms for LE purposes?
Director, deputy director, exec. asst. director (crim.), exec asst director (Pacific), exec asst director (Atlantic)
Who may authorize requests to conduct nonconsensual interceptions of wire, electronic or oral comms for LE purposes?
NO ONE! Requires fed or state warrant/court order; AG approval or special coordination
