COMDTINST 3820.12B governs Coast Guard national intelligence activities, including FI and CI, with protections for constitutional rights.
View COMDTINST 3820.12B on armypubs.army.mil
The publication implements Executive Order 12333 for the Coast Guard and sets policies and procedures for intelligence activities by the Coast Guard National Intelligence Element. It addresses collection, retention, dissemination, surveillance, electronic surveillance, undercover participation, and oversight, with written approval requirements where specified.
Applies to: This Instruction only applies to CGI personnel when operating pursuant to NIE authorities.
All Coast Guard unit commanders, commanding officers, officers-in-charge, deputy/assistant commandants, and chiefs of headquarters staff elements must ensure compliance with the provisions of this Instruction. (paragraph 2)
In collecting USPI, the Coast Guard NIE will, to the extent practicable and after satisfying the criteria in Paragraph F.3., collect no more information than is reasonably necessary.
Unless the Coast Guard NIE determines that USPI covered by Paragraph C. meets the standards for permanent retention during the specified time period, the Coast Guard NIE must delete all USPI (including any information that may contain USPI) from the Coast Guard NIE’s automated systems of records. (paragraph 7)
The Coast Guard NIE will use reasonable measures to identify and mark or tag files reasonably believed or known to contain USPI. (paragraph 2)
When conducting electronic surveillance targeting a U.S. person outside the United States, the Coast Guard NIE must comply with both of the following, except to the extent specifically authorized under Paragraph H. of this procedure: a. The electronic surveillance must have been authorized under FISA or Section 2.5 of E.O. 12333, or both, as appropriate; and b. There must be probable cause to believe that the target of the electronic surveillance is a foreign power, an agent of a foreign power, or, in some circumstances, an officer or employee of a foreign power, as these terms are defined or otherwise set forth in FISA. (paragraph 2)