Defense Criminal Investigative Service (DCIS) Special ...

1 Description of document: Defense Criminal Investigative Service (DCIS) Special Agents Manual, 2016 Requested date: 31-December-2016 Released date: 22-March-2017 Posted date: 27-March-2017 Source of document: FOIA Request Department of Defense Office of Inspector General DoD IG FOIA Requester Service Center ATTN: FOIA/PA Chief, Suite 17F18 4800 Mark Center Drive Alexandria, VA 22350-1500 Fax: (571) 372-7498 FOIA Online The web site ( the site ) is noncommercial and free to the public. The site and materials made available on the site, such as this file, are for reference only. The web site and its principals have made every effort to make this information as complete and as accurate as possible, however, there may be mistakes and omissions, both typographical and in content. The web site and its principals shall have neither liability nor responsibility to any person or entity with respect to any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information provided on the web site or in this file.

2 The public records published on the site were obtained from government agencies using proper legal channels. Each document is identified as to the source. Any concerns about the contents of the site should be directed to the agency originating the document in question. is not responsible for the contents of documents published on the website. SENT VIA EMAIL INSPECTOR GENERAL DEPARTMENT OF Defense 4800 MARK CENTER DRIVE ALEXANDRIA, VIRGINIA 22350-1500 March 22, 2017 Ref: DODOIG-2017-000193 This is an interim response to your Freedom oflnformation Act (FOIA) request for a copy of the Defense Criminal Investigative Service (DCIS) Special Agents Manual. We received your request on December 31, 2016, and assigned it case number DODIG-2017-000193. The Defense Criminal Investigative Service conducted a search and found the enclosed documents, which consist of Chapters 1 through 15 of the Special Agents Manual, as responsive to your request.

3 After carefully reviewing the records, I have determined that 155 pages of records are appropriate for release in full, copies of which are enclosed. Additionally, I have determined that 39 pages ofrecords are appropriate for release in part, and that 441 pages of records are exempt from disclosure pursuant to: 5 552 (b)(6), which pertains to information, the rel ease of which would constitute a clearly unwarranted invasion of personal privacy; 5 552 (b)(7)(C), which pertains to records or information compiled for law enforcement purposes, the release of which could reasonably be expected to constitute an unwarranted invasion of personal privacy; and 5 552 (b)(7)(E), which pertains to records or information compiled for law enforcement purposes, the release of which would disclose techniques and procedures for law enforcement investigations or prosecutions. In view of the above interim response, you may consider this to be an adverse determination that may be appealed within 90 days of the date of this letter, however we recommend that you wait to submit any appeal until after a final response is sent to you.

4 If you choose to appeal the interim release now, the appeal must be sent to the Department of Defense , Office oflnspector General, ATTN: FOIA Appellate Authority, Suite 10B24, 4800 Mark Center Drive, Alexandria, VA 22350-1500, postmarked within 90 days of this letter, and reference the file number above. I recommend that your appeal and its envelope both bear the notation "Freedom oflnformation Act Appeal." March 22, 2017 Ref: DODOIG-2017-000193 Please be assured that you retain the right to appeal our final determination and, when we provide our final response, you will be afforded another 90 calendar days in which to appeal. You may seek dispute resolution services and assistance with your request from the DoD OIG FOIA Public Liaison Officer at 703-604-9785, or the Office of Government Information Services (OGIS) at 877-684-6448, or . Please note that OGIS mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation.

5 However, OGIS does not have the authority to mediate requests made under the Privacy Act of 1974 (request to access one's own records.) Please note that this office is continuing to process your FOIA request, and you will be provided responses on a rolling basis. If you have any questions regarding this matter, please contact Searle Slutzkin at 703-699-7520 or via email at Enclosure(s): As stated Sincerely, Mark Dorgan Division Chief FOIA, Privacy and Civil Liberties Office 1-1 March 2016 CHAPTER 1 ORGANIZATION, MISSION, JURISDICTION, AND AUTHORITIES ContentsSectionGeneral and impeachment General This chapter introduces the Defense Criminal Investigative Service (DCIS), provides a historical overview, outlines the organizational structure and its relationship within the Department of Defense Inspector General (DoD IG), sets forth the jurisdiction, and defines the authorities of DCIS Special agents.

6 These policies and procedures are in accordance with the following references. (1). Inspector General Act of 1978, as amended, (title 5 United States Code ( ), Appendix 3). (2). Department of Defense (DoD) Directive , Inspector General of the Department of Defense , April 20, (3). Title 10 section 1585a, Special agents of the Defense Criminal Investigative Service : authority to execute warrants and make arrests. (4). Manual for Courts-Martial (2012 Edition), United States, Chapter III, Rule 302, Apprehension. (5). DoD Instruction , Criminal Investigations of Fraud Offenses, August 29, (6). DoD Instruction , Implementation of the Memorandum of Understanding (MOU) Between the Departments of Justice (DOJ) and Defense Relating to the Investigation and Prosecution of Certain Crimes, June 18, 2007. (7). DoD Instruction , Implementation of the Amended Law Enforcement Officers Safety Act of 2004 (LEOSA), February 13, (8).

7 DoD Inspector General Memorandum, Delegation of Authority to Establish Defense Criminal Investigative Service Policy, March 14, 2011 . See the DoD IG (9). DoD Instruction , Office of the Inspector General of the Department of Defense Access to Records and Information, March 22, The Secretary of Defense established DCIS on April 20, 1981. The Criminal Investigative functions assigned to the Defense Investigative Service , now known as the Defense Security Service , were transferred, along with 100 personnel billets, to the Office of the Assistant to the Secretary of Defense (Review and Oversight). In October 1981, an initial cadre of 12 individuals of the DIS Special Investigations Unit began operations under the direction, authority, and control of the Assistant to the Secretary of Defense (Review and Oversight). DCIS was established as a worldwide civilian Federal law enforcement agency to investigate suspected Criminal activities involving DoD Components and DoD contractors.

8 When the Inspector General Act of 1978 was amended to include DoD, the position of Assistant Inspector General for Investigations (AIGI) was established. Before 2002,the AIGI also served as the Director, DCIS. In 2002, separate positions were established for the AIGI and Director, DCIS. Later, the title of the AIGI was changed to Deputy Inspector General for Investigations (DIG-INV). When DCIS was reorganized in 2010, the Director position was eliminated and replaced with a three-person AIGI structure. In 2013, a policy was established for the following positions to use dual titles (Attachment A) (1). The DIG-INV was cross-designated as Director, (2). The AIGIs were cross-designated as Deputy Directors of (3). Special Agents in Charge (SACs) assigned to DCIS Headquarters were referred to as Deputy Assistant Inspectors General for Investigation (DAIGIs) and cross-designated as Assistant Directors of The Inspector General of the Department of Defense (Inspector General, DoD) serves as the principal advisor to the Secretary of Defense on Investigative matters covered by the Inspector General Act of 1978, as amended, and for matters relating to the prevention and detection of fraud, waste, and abuse in DoD programs and operations.

9 Organization The DoD IG is composed of the IG, a Principal Deputy IG (PDIG), and sevenDeputy Inspectors General (DIGs), as depicted on the DoD IG DCIS consists of a Headquarters and subordinate field offices (FOs) throughout the United States. The FOs, subordinate resident agencies (RAs), and posts of duty (PODs) are in locations where Defense Agencies have primary field-level elements and/or where a DCIS 1-3 March 2016presence is required to support national Defense priorities. A listing of DCIS field components is on the DoD IG Intranet at The DIG-INV is responsible for overall control and direction of the the direction of the DIG-INV, the DCIS Headquarters staff provides oversight and support to all DCIS Investigative elements in three functional areas headed by AIGIs, as follows:xAIGI, Investigative Operations DirectorateoDAIGI, Investigative OperationsoRegional FO SACs (x6)xAIGI, International Operations DirectorateoDAIGI, International OperationsoSAC, Cyber FOxAIGI, Internal Operations DirectorateoDAIGI, Internal (1).

10 The AIGIs provide direction to individual directoratesand serve as the first-line supervisors of DAIGIs. The AIGI for Investigative Operations serves as the first-line supervisor to regional FO SACs. The DCIS Headquarters directorates provide operational guidance, program-specific oversight, and coordination; review operations and investigations;and ensure proper information flow, essential to the successful execution of the DCIS mission, through significant liaison (1).(a). The Investigative Operations Directorate provides oversight, coordination, and support to all DCIS Investigative elements in the functional program areas of regional operations, Special operations, and asset forfeiture. This directorate provides guidance to the field on all Investigative issues, coordinates policy in the functional areas, and develops conference and training opportunities for the field.