Authority, responsibility, mission, functions

Question 1

SECNAVINST 5430.107A

Answer 1

agency receives authority; describes Mission & Functions

Question 2

Statutory authority for investigative/CI jurisdiction

Answer 2

Federal Statutes (US Federal Code); Executive Orders (12333); DOD Directives & SEVNAVINST (SECNAVINST 5430.107A)

Question 3

Agency Policies located in

Answer 3

NCIS-1 Manual for Admin; NCIS-3 Manual for Investigations

Question 4

3 major missions of agency

Answer 4

prevent terorism; protect against foreign intel threats; reduce major crim. activity

Question 5

Agency functions

Answer 5

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

Question 6

Are DON commands required to immediately refer to agency any actual or suspected major criminal offense?

Answer 6

Yes

Question 7

What defines a “major criminal offense”?

Answer 7

Felony (any offense punishable under UCMJ/federal/state/local/foreign statutes by confinement for more than 1 year

Question 8

Does the agency need to obtain authorization from a military commander before initiating a criminal investigation involving their command?

Answer 8

No

Question 9

Within the DoN, who has the authority to direct the agency to suspend or terminate a criminal investigation?

Answer 9

Sec. of Navy

Question 10

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?

Answer 10

Yes, coordinate unless there is a threat safety or opsec concern
No, for a civilian employee

Question 11

Military apprehension

Answer 11

military members taken into custody for suspected violation of UCMJ placed under military apprehension and turned over to their command

Question 12

arrest

Answer 12

persons subject to local, state, federal laws are placed under arrest and presented to a civilian court to face criminal charges

Question 13

Do agents have statutory authority to arrest civilians?

Answer 13

Yes, Title 10 USC 8750

Question 14

Do active duty agents have same civilian arrest authority?

Answer 14

No- 18 USC 1385 Posse Comitatus Act

Question 15

Does agency have exclusive responsibility within DoN for coordinating and conducting activities with FBI & CIA?

Answer 15

Yes
FBI: DOD & DOJ memo
CIA: DOD and Director of Central Intelligence Directive

Question 16

SA’s hold what level of clearance

Answer 16

TS; need to know - relevant to performance of official duties; privilege that can be revoked

Question 17

Authorized to administer oaths and take sworn statements from both military members & civilians?

Answer 17

Yes; 5 USC 303(b)

Question 18

Who can authorize consensual interceptions of wire, electronic, or oral comms for LE purposes?

Answer 18

Director, deputy director, exec. asst. director (crim.), exec asst director (Pacific), exec asst director (Atlantic)

Question 19

Who may authorize requests to conduct nonconsensual interceptions of wire, electronic or oral comms for LE purposes?

Answer 19

NO ONE! Requires fed or state warrant/court order; AG approval or special coordination