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Department of Defense

DIRECTIVE

NUMBER 5240.1

April 25, 1988

ASD(C3I)

SUBJECT:  DoD Intelligence Activities 

References:  (a)  DoD Directive 5240.1, "Activities
of DoD Intelligence Components that Affect U.S. Persons,"
December 3, 1982 (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 E1.

1.  REISSUANCE AND PURPOSE 

This Directive:

1.1.  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.

1.2.  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)).

1.3.  Authorizes the publication of DoD 5240.1-R (reference
(f)), consistent with DoD 5025.1-M (reference (g)) and
this Directive.

2.  APPLICABILITY AND SCOPE 

This Directive:

2.1.  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").

2.2.  Applies to all intelligence activities of DoD
Components.

2.3.  Does not apply to authorized law enforcement activities
carried out by DoD intelligence components having a
law enforcement mission.

3.  DEFINITIONS 

3.1.  Intelligence activities.    The collection, production,
and dissemination of foreign intelligence and counterintelligence
by DoD intelligence components authorized under reference
(b).

3.2.  Foreign intelligence.    Information relating
to the capabilities, intentions, and activities of foreign
powers, organizations, or persons, but not including
counterintelligence except for information on international
terrorist activities.

3.3.  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.

3.4.  DoD intelligence components.    All DoD Components
conducting intelligence activities, including the following:

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

3.4.2.  The Defense Intelligence Agency (DIA).

3.4.3.  The offices within the Department of Defense
for the collection of specialized national foreign intelligence
through reconnaissance programs.

3.4.4.  The Office of the Deputy Chief of Staff for
Intelligence (ODCSINT), U.S. Army.

3.4.5.  The Office of Naval Intelligence (ONI).

3.4.6.  The Office of the Assistant Chief of Staff,
Intelligence (OACSI), U.S. Air Force.

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

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

3.4.9.  The Naval Intelligence Command (NIC).

3.4.10.  The Naval Security Group Command (NSGC).

3.4.11.  The Air Force Intelligence Agency (AFIA).

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

3.4.13.  The counterintelligence elements of the Naval
Security and Investigative Command (NSIC).

3.4.14.  The counterintelligence elements of the Air
Force Office of Special Investigations (AFOSI).

3.4.15.  The 650th Military Intelligence Group, Supreme
Headquarters Allied Powers Europe (SHAPE).

3.4.16.  Other intelligence and counterintelligence
organizations, staffs, and offices, or elements thereof,
when used for foreign intelligence or counterintelligence
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.

3.5.  Special activities.    Activities conducted in
support of national foreign policy 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.

3.6.  United States person.    A citizen of the United
States; an alien known by the 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.

4.  POLICY 

4.1.  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.

4.2.  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.

4.2.1.  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.

4.2.2.  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)).

4.3.  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.

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

5.  RESPONSIBILITIES 

5.1.  The Assistant Secretary of Defense (Command, Control,
Communications, and Intelligence) (ASD(C3I)) shall provide
overall policy guidance for the conduct of DoD intelligence
activities.

5.2.  The Deputy Under Secretary of Defense (Policy)
(DUSD(P)) shall provide overall policy guidance for
the conduct of DoD counterintelligence activities.

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

5.3.1.  Serve as the central focal point for contact
with, and reporting to, the Attorney General regarding
the legal matters arising under this Directive.

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

5.4.  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)).

5.5.  The Heads of DoD Components shall ensure that
their intelligence components implement this Directive
and reference (f), as appropriate.

6.  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.

Enclosures - 1  

1.  References, continued

E1.  ENCLOSURE 1

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-M, "Directives System Procedures," April
1981, authorized by DoD Directive 5025.1, October 16,
1980

(h)  Title 50, 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