SORT: 5240.1

DOCI: DODD 5240.1

DATE: 19880425

TITL: DODD 5240.1, DoD Intelligence Activities, April 25, 1988, ASD(C3I)



Refs: (a) DoD Directive 5240.1, "Activities of DoD Intelligence

Components that Affect U.S. Persons," December 3, 1932 (hereby canceled)

(b) Executive Order 12333, "United States Intelligence Activities,"

December 4, 1981

(c) Executive Order 12334, "President's Intelligence Oversight Board,"

December 4, 1981

(d) Public Law No. 95-511, "Foreign Intelligence Surveillance Act of

1978," October 25, 1978

(e) through (i), see enclosure 1



A. REISSUANCE AND PURPOSE



This Directive:



1. Reissues reference (a); implements references (b) through (d); updates

policies; and shall be the only authority used as guidance by DoD

intelligence components to collect, retain, or disseminate information

concerning U.S. persons.



2. Continues in effect procedures previously approved by the U.S. Attorney

General for use by DoD intelligence components under Presidential

Directive NSC-9 (reference (e)).



3. Authorizes the publication of DoD 5240.1-R (reference (f)), consistent

with DoD 5025.1-M (reference (g)) add this Directive.



B. APPLICABILITY AND SCOPE



This Directive:



1. Applies to the Office of the Secretary of Defense (OSD), the Military

Departments, the Organization of the Joint Chiefs of Staff (OJCS), the

Unified and Specified Commands, and the Defense Agencies (hereafter

referred to collectively as "DoD Components").



2. Applies to all intelligence activities of DoD Components.



3. Does not apply to authorized law enforcement activities carried out by

DoD intelligence components having a law enforcement mission.



C. DEFINITIONS



1. Intelligence activities.  The collection, production, and dissemination

of foreign intelligence and counterintelligence by DoD intelligence

components authorized under reference (b).



2. Foreign intelligence.  Information relating to the capabilities,

intentions, and activities of foreign-powers, organizations, or persons,

but not including counter-intelligence except for information on

international terrorist-activities.



3. Counterintelligence.  Information gathered and activities conducted to

protect against espionage, other intelligence activities, sabotage, or

assassinations conducted for or on behalf of foreign powers,

organizations, or persons, or international terrorist activities, but not

including personnel, physical, document, or communications security

programs.



4. DoD intelligence components.  All DoD Components conducting intelligenceactivities, including the following:



a.  The National Security Agency Central Security Service (NSACSS).



b.  The Defense Intelligence Agency (DIA).



c.  The offices within the Department of Defense for the collection of

specialized national foreign intelligence through reconnaissance programs.



d.  The Office of the Deputy Chief of Staff for Intelligence (ODCSINT),

U.S. Army.



e.  The Office of Naval Intelligence (ONI).



f.  The Office of the Assistant Chief of Staff, Intelligence (OAGSI), U.S.

Air Force.



g.  Intelligence Division, U.S. Marine Corps.



h.  The Army Intelligence and Security Command (USAINSCOM).



i.  The Naval Intelligence Command (NIC).



j.  The Naval Security Group Command (NSGC).



k.  The Air Force Intelligence Agency (AFIA).



l.  The Electronic Security Command (ESC), U.S. Air Force.



m.  The counterintelligence elements of the Naval Security and

Investigative Command (NSIC).



n.  The counterintelligence elements of the Air Force Office of Special

Investigations (AFOSI).



o.  The 650th Military Intelligence Group, Supreme Headquarters Allied

Powers Europe (SHAPE).



p.  Other intelligence and counterintelligence organizations, staffs, and

offices, or elements thereof, when used for foreign intelligence or

counter-intelligence purposes.  The heads of such organizations, staffs,

and offices, or elements thereof, shall, however, not be considered as

heads of DoD intelligence components for purposes of this Directive.



5. Special activities.  Activities conducted in support of national foreignpolicy objectives abroad, which are planned and executed so that the role

of the U.S. Government is not apparent or acknowledged publicly, and

functions in support of such activities, but which are not intended to

influence U.S. political processes, public opinion, policies, or media,

and do not include diplomatic activities or the collection and production

of intelligence or related support functions.



6. United States person.  A citizen of the United States; an alien known bythe intelligence agency concerned to be a permanent resident alien; an

unincorporated association organized in the United States or substantially

composed of U.S. citizens or permanent resident aliens; or a corporation

incorporated in the United States, except for a corporation directed and

controlled by a foreign government or governments.



D. POLICY



1. All DoD intelligence activities shall be carried out in strict

conformity with the U.S. Constitution, applicable law, E.O. 12333

(reference (b)), the policies and procedures authorized herein, and by

other relevant DoD Directives, with special emphasis given to the

protection of the constitutional rights and privacy of U.S. persons.



2. Reference (b) requires that the Department of Defense promulgate

procedures to govern the collection, retention, and dissemination of

information about U.S persons, and to govern the use of certain

information-gathering techniques.  These procedures, approved by the

Attorney General of the United States, are contained in DoD 5240.1-R

(reference (f)). No DoD intelligence component shall request any person or

entity to undertake unauthorized activities.



a.  Authority to employ the collection techniques prescribed by DoD 5240.1-R (reference (f)) shall be limited to that necessary to perform functions

assigned to the DoD intelligence component concerned.  Use of such

techniques to collect information about U.S. persons shall be limited to

the least intrusive means feasible.



b.  DoD intelligence component employees shall report all intelligence

activities that may violate a law, an Executive order, a Presidential

Directive, or applicable DoD policy to the Inspector General or General

Counsel responsible for the DoD intelligence component concerned, or to

the Assistant to the Secretary of Defense (Intelligence Oversight)

(ATSD(IO)).



3. DoD Components shall not conduct, or provide support for the conduct

of, special activities except in times of war declared by the Congress or

during a period covered by a report from the President to the Congress

under the War Powers Resolution (50 U.S.C. 1541-1548, reference (h)),

unless such actions have been approved by the President and directed by

the Secretary of Defense.



4. Under no circumstances shall any DoD employee engage in, or conspire to

engage in, assassination.



E. RESPONSIBILITIES



1. The Assistant Secretary of Defense (Command, Control, Communications,

and Intelligence) (ASD(C3I)) shall provide overall policy guidance for the

conduct of DoD intelligence activities.



2. The Deputy Under Secretary of Defense (Policy) (DUSD(P)) shall provide

overall policy guidance for the conduct of DoD counterintelligence

activities.



3. The General Counsel, Department of Defense (GC, DoD), shall:



a.  Serve as the central focal point for contact with, and reporting to,

the Attorney General regarding the legal matters arising under this

Directive.



b.  Interpret this Directive and DoD 5240.1-R (reference (f)), as may be

required.



4. The Assistant to the Secretary of Defense (Intelligence Oversight)

(ATSD(IO)) shall serve as the central focal point for all contacts with

the President's Intelligence Oversight Board (E.O. 12334, reference (c))

and shall perform the responsibilities assigned in DoD Directive 5148.11

(reference (i)).



5. The Heads of DoD Components shall ensure that their intelligence

components implement this Directive and reference (f), as appropriate.



F. EFFECTIVE DATE AND IMPLEMENTATION



This Directive is effective immediately.  Forward one copy of implementing

documents to the Assistant Secretary of Defense (Command, Control,

Communications, and Intelligence) and the General Counsel, Department of

Defense, within 90 days.



William R. Taft, IV Deputy Secretary of Defense



Enclosure - 1 1. References



REFERENCES, continued



(e) Presidential Directive NSC-9, March 30, 1977

(f) DoD 5240.1-R, "Procedures Governing the Activities of DoD Intelligence

Components that Affect United States Persons," December 11, 1982,

authorized by this Directive

(g) DoD 5025.1-N, "Directives System Procedures," April 1981, authorized

by DoD Directive 5025.1, October 16, 1980

(h) Title SO, United States Code, Sections 1541-1548, "The War Powers

Resolution" (87 Stat. 555), P.L. 93-148

(i) DoD Directive 5148.11, "Assistant to the Secretary of Defense

(Intelligence Oversight)," December 1, 1982



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