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Steven Aftergood Federation of American Scientists 1725 DeSales Street, NW Suite 600 Washington, D.C. 20036

Dear Mr. Aftergood:

IN PECTOR GENERAL D PARTMENT OF DEFENSE

00 ARMY NAVY DRIVE AR INGTON, VA 22202-4704

Ref: 10-00251-F

DEC 202010

This is in response to your Freedo of Information Act (FOIA) request dated, June 02,2010. You are seeking a copy 0 the following reports: 10-INTEL-0, 16 April 2010 and IO-INTEL-06, 21 May 2010. Your r quest was received in this office on June 03, 2010, and assigned case number 10-00251-F.

The enclosed documents are respo sive to your request. However, I am withholding portions of the documents pursuant to Ex mptions 2,6 and 7(C) of the FOIA, specifically, 5 U.S.C. § 552(b)(2), which pertains to t e internal rules and practices of the agency and would allow circumvention of an agency rule, p Hcy, or statute, thereby impeding the agency in the conduct of its mission; 5 U.S.C. § 552(b) 6), which pertains to information, the release of which would constitute a clearly unwarra ted invasion of personal privacy; and 5 U.S.C. § 552(b )(7)(C), which pertains to informati n compiled for law enforcement purposes, the release of which could reasonably be exp cted to constitute an unwarranted invasion of the personal privacy of third parties.

If you are not satisfied with this ac ion, you may submit an administrative appeal to Mr. John R. Crane, Assistant Inspector G neral, Office of Communications and Congressional Liaison, Room 1021, 400 Army Navy Dr've, Arlington, VA 22202-4704. Your appeal should be postmarked within 60 days of the date ofthis letter, should cite to case number 10-000251-F, and should be clearly mark d "Freedom of Information Act Appeal."

WMIL Mdd~ eanne Mille: {L1.

Chief, Freedom of Info tion and Privacy Office

Enclosures: As stated

Additional Information and C pies The Department of Defense Office 0 the Deputy Inspector General for Intelligence prepared this report. If you have que dons or would like to obtain additional copies of the draft report, please contact this 0 flee at (703) 604-8841 (DSN 664-8841).

Suggestions for Audits and valuations To suggest ideas for or to request fut e audits or evaluations, contact the Office of the Deputy Inspector General for Intellig nee at (703) 604-8800 (DSN 664-8800) or fax (703) 604·0045. Ideas and requests an also be mailed to:

DEPARTMENT OF DEFENSE

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ODIG-INTEL (ATIN: Intelligence Suggestions) Department of Defense Inspector General 400 Army Na Drive (Room 703) Arlington, V A 22202-4704

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Acronyms and Abbreviations CoC IG JPRA SERE USJFCOM

Code 0 Conduct Inspect r General Joint P rsonnel Recovery Agency Surviv ,Evasion, Resistance, and Escape United tates Joint Forces Command

MEMORANDUM FOR DEPUTY PRIS

ECTOR GENERAL OF DEFENSE

NAVY DRIVE VIRGINIA 22202-4704

ANT SECRETARY OF DEFENSE OF WAR/MISSING PERSONNEL AFFAIRS

U.S. JOINT FORCES COMMAND RECOVERY AGENCY

GENERAL, U.S. JOINT FORCES COMMAND

SUBJECT: Field V iI' lCatlOll-lIlternl)!l~atl<Dn and Survival, Evasion, Resistance, and Re(;dmme:ndation (Report No. lO-INTEL-OS)

We are providing this report for mlO$llatlOn conducted in accordance with OrG management comments on a draft of

Comments on the draft of this report to the requirements of DoD Directive 7650.3 and left no unresolved issues. Therefore, we do not require any additional comments.

A. Brannin Inspector General Intelligence

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Report No. 10-INTEL-05 (Project No. 2009-DINTOI-0278.000) April 16, 2010

Results in B ief: Field Verification -Interrogatio and Survival, Evasion, Resistance, nd Escape Techniques Recommend tion

What We Did (U) (U) We conducted a field verification of actions taken in response to a recommendation in 010 Report No. 06-INTEL-10, "Review of DoD-Directed Investigations of Detainee Abuse," Aug st 25, 2006. The OIG report recommende that the Commander, U.S. Joint Forces Command (USJFCOM) develop policie that preclude the use of Survival, Evasio Resistance, and Escape (SERE) physical and psychological coercion techniques outsi e the training environment.

What We Found (U) (U) In response to the Recommendation:

The Commander, USJFCOM issued Personnel Recovery Guidance Memorandum, "Prohibition on the u e of Survival, Evasion, Resistance, and Escape (SERE) or Code of Conduct­related Techniques for Interrogation Purposes," June 17, 2009.

(U) Based on the data collected during 0 r DoD Level C SERE Schools site visits, e found that the Memo requirements were met.

• All accredited 000 SERE training included the provision in their respective student briefings and academic curriculum.

• SERE school military leadership took immediate proactive steps to formalize the requirement.

• Joint Personnel Recovery Agency 17, as the training action office, executed its oversight responsibilities throughout the implementation process.

(U) However, making the prohibition part of the permanent SERE training oversight guidance will reinforce and

. institutionalize the aforementioned actions.

(U) Client Comments and Our Response (U) In response to the comments from the Commander, U.S. Joint Forces Command, we redirected the Recommendation to the Deputy Assistant Secretary of Defense for Prisoner of WarlMi s sing Personnel Affairs.

(U) The Director, Defense Prisoner of WarlMissing Personnel Office concurred with our finding and provided more specific guidance.

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Table of Contents

Results in Brief

Introduction

Objectives Background

Finding. DoD Implemented SERE Training Recommendation

Recommendation

Appendix

USJFCOM Guidance

Client Comments

Defense Prisoner of War/Mis ing Personnel Office United States Joint Forces Co and

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(U) Introduction

(U) Objective

(U) This field verification was cond ted to assess the adequacy of the action taken in compliance with Recommendation .2 found in the Office of the Inspector General (010) Report No. 06-INTEL-IO, "R view of DoD-Directed Investigations of Detainee Abuse." August 25, 2006.

(U) Background

(U) The August 2006 oro review id ntified three major gaps in the senior-level detention and interrogation operatio reports released to date. One of the areas of concern was the migration oftrainin techniques into the operational environment without proper oversight. The repo acknowledged the extremely important role that the Joint Personnel Recovery Agency (1 RA) and the Level C Survival, Evasion, Resistance, and Escape (SERE) Schools perform in preparing U,S. high-risk-of-capture personnel for isolation from friendly forces. How ver, it was widely recognized that the SERE training techniques used in the captivity train ng environment were not appropriate for interrogation operations.

(U) To ensure that the recommended corrective action was implemented across the Department, we reviewed the issue om the perspective of the oversight offices for the defense intelligence and SERE com unities. The USD (I) is responsible for approving all policies, orders, directives, and d ctrine related to intelligence interrogation operations. The Deputy Assistant Se retary of Defense Prisoner of War /Missing Personnel Affairs [DASD (pOW )] has primary responsibility for developing DoD policy pertaining to personnel recov ry and SERE training. United States Joint Forces Command (USJFCOM), as Executiv Agent for Personnel Recovery, is responsible for the oversight of SERE programs, les policy. The JPRA is the Office of Primary Responsibility. In that capacity, JP oversees, evaluates, and assesses accredited DoD SERE training programs.

(U) Related to the use of SERE tee iques used for interrogation purposes, the OIG "Review of DoD-Directed Investigat ons of Detainee Abuse," August 25,2006, recommended the following:

(U) that the Under Secretary fDefense for Intelligence (USD(I) develop policies that preclude the use f SERE physical and psychological coercion techniques and other external interrogation techniques that have not been formally approved for use in offensive interrogation operations (recommendation C.l)

(U) that the Commander, US FCOM, Office of Primary Responsibility for Personnel Recovery and Exe utive Agent for all SERE training, implement formal policies and procedur s that preclude the introduction and use of physical

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and psychological coercion te iques outside the training environment (recommendation C.2).

(U) Corrective Action 1a en

(U) Under Secretary of Defense for Ii telligence. On September 6, 2006, shortly after our August 25 report, the Army revis doctrinal interrogation guidance, with Army Field Manual 2-22.3, "Human Intellig nce Collector Operations." The manual does not authorize the use of any SERE techni ues as approved intelligence interrogation techniques.

(0) In October 2006, USD(I) stated t t it was fully supportive ofUSJFCOM policy prohibiting JPRA personnel from part cipating in any aspect of intelligence interrogation operations and that it had requested th t USJFCOM restate this prohibition in its interrogation policy as well. The US (I) also confirmed their intention to amend DoD Directive 3115.09, "DoD Intelligence nterrogations, Detainee Briefings, and Tactical Questioning," with the same prohibiti n.

(U) The revised DoD Directive 3115. 9 was issued on October 9,2008, and included the following requirement:

Survival Evasion Resistance and Esca e Techni ues. Use of SERE techniques against a person in the custody or effective control of the Department of Defense or detained in a DoD facility i prohibited.

(U) U.S. Joint Forces Command. T e Commander, USJFCOM, issued a Personnel Recovery Memorandum to highlight p licy guidance prohibiting the use of SERE techniques for interrogations and to re pond to the OIG report, "Review of DoD-Directed Investigations of Detainee Abuse" (Se Appendix A). The June 17, 2009, Memorandum for the Services and the U.S. Special perations Command specifically states that the "SERE techniques for interrogations 0 personnel in DoD custody or control is prohibited. "

(U) Scope and Methodol gy

(U) We conducted this field verificati n from June 19,2009 through September 18, 2009 in accordance with Council of the Ins ctors General on Integrity and Efficiency Quality Standards for Inspections. Those stan ards require that we plan and perform the inspection to obtain sufficient approp ate evidence to provide a reasonable basis for our findings and conclusions based on our inspection objectives. We limited our scope to DoD Level C SERE training and cond cted on-site inspections of six schools and the Personnel Recovery Academy. We be ieve that the evidence obtained provides a reasonable basis for our findings and c nclusions based on the objective.

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(U) Finding. DoD I Training Recomme

plemented SERE dation

(U) The DoD Level C SERE Schools implemented the original DoD 10 Report recommendation to preclude the use fphysical and psychological coercion techniques outside the training environment.

• Commander, U.S. Joint Force Command issued Personnel Recovery Guidance Memorandum, "Prohibition 0 the use of Survival, Evasion, Resistance, and Escape (SERE) or Code ofC nducHelated Techniques for Interrogation Purposes," June 17, 2009.

• Based on our observations at e DoD Level C SERE Schools, we concluded that all accredited DoD SERE trai ing included the provision in their student briefings and academic curriculum.

• SERE school military leaders ip took immediate proactive steps to formalize the requirement.

• The Joint Personnel Recover Agency 17, as the Training action office, executed its oversight responsibilities t oughout the implementation process.

• Making the prohibition part 0 the permanent oversight guidance can reinforce the aforementioned actions.

(U) However, to formalize the prohib tion, the guidance should be included in the DoD Instruction 1300.21, "Code of Condu t Training and Education" and JPRA "Executive Agent Instructions for Wartime and eacetime Level C Training in Support of the Code of Conduct (CoC)."

(U) Background

(U) The Training Environment. Per onnel recovery is defined as the sum total of military, diplomatic, and civil efforts equired to prepare for and execute the recovery and reintegration of isolated personnel. e CoC outlines the basic responsibilities and obligations that govern the actions of every member of the Armed Forces during peacetime or wartime. It includes ba ic information useful to isolated personnel in their efforts to survive honorably while res sting their captor's exploitation strategies. CoC Level C training is the most challengi g and, in order to enhance student learning, requires highly trained SERE instruct rs who use physical and psychological pressures. As stated in DoD Instruction 1300.21 "Code of Conduct (CoC) Training and Education," January 8, 2001, the Secretaries ofth Military Departments are required to develop and establish a Level C training program or personnel whose jobs entail a significant or high risk of being isolated behind enemy r es as an evader or a captive and who are vulnerable to greater-than-average ex loitation by a captor. Level C SERE training includes a simulated prisoner of war I aptivity situation designed to create a series of dilemmas in a dynamic, yet cantrolle , training environment.

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(U) CoC and SERE training are a fo of combat training that uses "controlled realism" to confront students with actual deten ion and interrogation experiences that require them to apply survival and resistance prine pies, procedures, and techniques. Specifically, resistance to interrogation training in ludes all the tools and techniques used to defend against a captor's exploitation plan.

(U/r'fOUO~ Resistance training expo es each student to the captivity environment and interrogation approaches that they m encounter in a hostile situation. In order to enhance training, SERE instructors u e techniques that are designed to realistically project students' focus into the traini g scenario. The intent is to simulate harsh conditions associated with the captivi envirorunent and associated captor exploitation efforts. The application of physical p essure enhances the correct psychological projection students require and better repares them to respond favorably to stressful events. By introducing effective copi g skills before 'real life' exposure, stress inoculation training prepares individu Is to respond more favorably to high stress events. "Controlled realism" pressures allow reasonable means to train for the most challenging captivity environment where captors 0 not abide by the Geneva Convention.

(U) The physical and psychological p essures developed for CoC and SERE training were not intended for real-world inte ogations. Intelligence resistance training does not qualify a SERE Specialist instructor t conduct interrogations or provide subject matter expertise to those who are trained in t at specialty. At the conclusion of training, SERE students must undergo a debriefmg/se inar session to clarify their resistance training experience; even then they are only e posed to the details that apply to the learning process.

(U) Actions Taken

CU) The USD(I) amended DoD Direc ·ve 3115.09, "DoD Intelligence Interrogations, Detainee Briefings, and Tactical Que ioning," to include a prohibition on the use of SERE techniques against a person in t e custody or effective control ofthe Department of Defense.

CU) The Commander, USJFCOM, iss ed a Personnel Recovery Memorandum to highlight policy guidance prohibiting e use of SERE techniques for interrogations and to respond to the OIG report, "Revie of DoD-Directed Investigations of Detainee Abuse" (See Appendix A).

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(U) Field Verification

(U) To determine ifUSJFCOM guid ce was implemented, we visited the six Level C SERE schools and the Personnel Re overy Academy to observe the relevant training classes.

(U) The Training Facilities. The JP only has direct cognizance over the Personnel Recovery Academy. The Secretarie of the Military Departments are responsible for the CoC training at the remaining six Le el C SERE schools (See Table 1). The Military Departments are required to maintai energetic, uniform, and continuing training programs for personnel at different I vels. The advanced Level C training must provide personnel consistency in all DoD Co and SERE-related education and training based on Combatant Command-established re uirements and Executive Agent-established joint SERE training standards.

u.s. Army

u.s. Navy

u.S. Joint Forces Command

Table 1. (U) DoD SERE Schools

PS:t\ES$iV' School· SERE East

SERE West

Personnel Re overy Academy Specialized S RE

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Location ..

Ft. Bragg, NC

Ft. Rucker, AL

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NAS Brunswick, ME

Naval Base Coronado. CA Cattl.p~j~1ll1~,NC ..

Spokane, WA

~~r~'ght C6ordinatlon u.s. Army John F. Kennedy Special Warfare Center and School

u.S. Army Aviation Warfare Center HQlJSAF AF/A3IAS Center for Security Forces

Center for Security Forces

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Joint Personnel Recovery Agency

(U) SERE Training Inclu es Prohibition

(U) Once the Personnel Recovery Gui ance Memorandum from the Commander, USJFCOM was issued on June 17,20 9; the Service Level C SERE schools implemented an immediate action plan to incorpora the prohibition into their respective programs. Even though the JPRA Oversight Divi ion provided guidance, each of the Service schOOls took different courses of actio in order to satisfy the training requirement. The actions were in accordance with USJF OM guidance.

(U) All U.S. Air Force, U.S. Army, U .. Navy, U.s. Marine Corps, and JPRA Level C SERE training programs included, as art of their curriculum, a prohibition against the use of SERE techniques for interrogati n of personnel in DoD custody or control. The SERE training program distinguishes etween resistance training and interrogation operations.

(U) Without exception, the six Level SERE Schools and the Personnel Recovery Academy included the prohibition as art of the mandatory end~of-course review (See Table 2). These out briefs or critiques included dedicated slides reminding students that they were not trained or qualified to in errogate personnel in DoD custody or control. The presentations placed emphasis on he Commander, USJFCOM Memorandum and the consequences, in terms of the Unifonn Code of Military Justice, facing those who violate the guidance.

U.S. Air Force

Table 2. (U) C mpliance Overview

Lo~ation PreSe~tation

Fairchild AFB, A Classroom Out Brief

Ft.~r.agg,N9 Clas~roomOu,t .. Brief

A.(14i~~~~l ........ . Documentation' HQUSAF Memorandum

~2~~m/· U.S. Army Ft. Rucker, AL Classroom Critique Developmental

NAS·Brunswic ME

U.S. Navy Naval Base Coronado, CA

lJ~~:;~an~,l~Cm:p~eampLej~une,

Personnel Spokane, W A Recovery Academy

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Classroom.Qut Brief Classroom Out Brief

ClassrooJ.1). Out., Bue! Classroom Wraps/Critiques

Counseling Form

SERE/CoC Training Providers Memorandum; JPRA/PRA Instructor Guide

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(U) Executive Agent Ov rsight

(U) The Military Services and the JP~ have oversight responsibility to validate and accredit all CoC training to ensure th se programs are operating in accordance with DoD and Executive Agent Directives and nstructions. Furthermore, DoD policy and Service regulatory guidance prohibit operati n of Resistance Training Labs (training facility) and practical resistance and escape hands on training or exercises without approval of JPRA.

(U) DoD Instruction 1300.21, "Code of Conduct Training and Education," January 8, 2001, provides guidance to develop d execute CoC training for U.S. personneL The JPRA employs the Executive A ent Instructions as the guidance document used to certify and evaluate CaC related trai ing throughout the DoD. The two JPRA Executive Agent Instructions, "Requirements:6 r Wartime Level C Training in Support of the Code of Conduct" and "Requirements for eacetime Level C Training in Support of the Code of Conduct" establish the minimum ERE training outcomes for high-risk-of-capture personnel. The Level C training pro ams must enable graduates to achieve the terminal learning objectives. The specific en ling learning objectives and content requirements are designed to ensure uniformity, co sistency, and adequacy of training as defined in governing directives. However, the RA has not yet revised these instructions to include the prohibition. Not only is e revision needed to institutionalize the prohibition, but also to ensure continued compli ce throughout the oversight and evaluation process.

(U) Conclusion

(U) Our field verification found that he DoD Level C SERE Schools and the Personnel Recovery Academy implemented the DoD IG Report Recommendation and the Personnel Recovery Guidance Memorandum," rohibition on the use of Survival, Evasion, Resistance, and Escape (SERE) or C de of Conduct-related Techniques for Interrogation Purposes," June 17,2009. All stude ts and instructors who are exposed to SERE training techniques are made aware of their 0 ligation to restrict their use outside of the training environment.

(U) However, the existing DoD lnstr ction 1300.21, "Code of Conduct (Co C) Training and Education," January 8, 2001, an the two JPRA Executive Agent Instructions, "Requirements for Wartime Level C raining in Support of the Code of Conduct" and "Requirements for Peacetime Level Training in Support of the Code of Conduct," do not include the prohibition.

(U) The JPRA, as the Office of Prim y Responsibility for the DoD Executive Agent for Personnel Recovery, is best suited to complete implementation of the prohibition on the use of SERE or Code of Conduct-reI ted techniques for interrogation purposes. JPRA conducts initial and recurring evalua ons, as well as staff assistance visits, of SERE schools and courses to achieve joint ducation and training standards.

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(U) The Deputy Assistant Secretary 0 Defense for Prisoner of War/Missing Personnel Affairs (pOW/MPA) has the policy m king authority to ensure that the prohibition against the use of SERE techniques fo interrogation purposes is included in the upcoming DoD Instruction 3002.13," ersonnel Recovery Education and Training, including Code of Conduct Preparatio ," and all related issuances.

(U) Recommendation

(U) In response to the comments from the Commander, U.S. Joint Forces Command j we redirected the Recommendation to the Deputy Assistant Secretary of Defense for Prisoner of War 1M is sing Personnel airs (POW/MPA).

(U) We recommend that the Direct r, Defense Prisoner of War /Missing Personnel Office:

• (U) Incorporate guidance in raft DoD Instruction 3002.13, that SERE tactics, techniques, and proc dures are not to be used for operational interrogation of detainees un ess specifically permitted by DoD Directive or the law.

(U) Management Comments. The efense Prisoner of War/Missing Personnel Office responded they have incorporated the equested guidance in the draft DoD Instruction 3002.13 and that they will ensure the 1 guage remains in the draft when it begins fonnal staffing later this year.

(U) Evaluator Response. We consid r the new language to be responsive to the original recommendation and we will monitor he progress of the Draft Instruction.

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Appendix A. USJF OM Guidance (U)

Prohibition Memor ndum (U)

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Defense Prisoner Office (U)

War/Missing Personnel

WAR/MI3SING P.ERSONI\IEL O_FleE IlEFEtlISE P.ENTAGON

WASIl~i~Gl:ON, D.C .. 20301-2600

MEMORANDUM FOR DEP OF DEFENSE INSPECTOR GENERAL

The memorandum provides Office of the DoD Inspector General (OIG) n response to the OIG "Field ent1catll~n-'ln1,en:og;atl'on and Survival, Evasion, Resisianee, and Eseape Techniques (Project No. D2009·DlNTOI0278.000). OIG conducted a field for r, recommendation in OIG Report No. 06-lNTEL-IO, "Review Investigations of Detaine:e Abuse," August 25, 2006. The OIG report recommended the Commander, U.S, Joint Forces Command (US.1FCOM), develop policies that the use of Survival, Evasion, Resistance, EUld

Escape (SERE) physical and coercion techniques outside the training environment.

My office has incOIvoratecl fqHowing guidance in the draft ODD lnstruction 3002.13 011 page 3, paragraph "SERE tactics, techniques, ru1d procedures are not to be used for operational intlcwog!Llio'll of detainees unless specifically permitted by DoD Directive or the law." DPMO the ;'emains in the draft instruction when it begins formal staffIng is available to answer questions and can be reaChed~tlll ••••

1 trust tllis h!l.S answered your '-'f'!.!""'!."-.':>.

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1. T'I!ail1k 1'00. let !he "PJlQrlunll), IJ) Ii'I your m.tni~tl!1l af3G Ne~emM 2009, I agree with th<e Wines IIIt'the report. ) e eillsl~ chaJIi-e: to ~~ 411 !he Rlco~euWl!lO;ls.

2. ~ ~.S' O'eC(lIDlIIlemlaUQm tIltat (:ol\ftlmJllllder. U,S. Joint fOl'Ces, CcmardMli (Cl)RUSJFCOM) Iljldati: sboold ~ OASJ) Pri~ ofWi!I!' i'Mismlg Pet/$Oll\lltl Afillbs this update. cmtvSJFCOM is the E..'CJeCurive AgeIlt ibrper.!4ll!mell The: nMD (l'OW,IMPA) h$.~ primary IreSIPOw.i.bilil], for d~eloplns Doj} 10 Jle=i!ll~l :>iCOWfY aod SImE 1Saioling.

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