Thursday, October 1, 2020

Memorandum on Authority of the Intelligence Community to Collect Certain Intelligence Regarding United States Persons Held Captive Abroad

 

Office of the Press Secretary

 September 28, 2020
 
 
MEMORANDUM FOR THE VICE PRESIDENT
              THE SECRETARY OF STATE
              THE SECRETARY OF DEFENSE
              THE ATTORNEY GENERAL
              THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND
                 BUDGET
              THE ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF
              THE DIRECTOR OF NATIONAL INTELLIGENCE
              THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
              THE ASSISTANT TO THE PRESIDENT FOR NATIONAL
                 SECURITY AFFAIRS
              THE DEPUTY COUNSEL TO THE PRESIDENT FOR NATIONAL
                 SECURITY AFFAIRS AND LEGAL ADVISOR TO THE
                 NATIONAL SECURITY COUNCIL
              THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF
              THE DIRECTOR OF THE NATIONAL SECURITY AGENCY
              THE DIRECTOR OF THE FEDERAL BUREAU OF
                 INVESTIGATION
              THE ADMINISTRATOR OF DRUG ENFORCEMENT

 
SUBJECT:  Authority of the Intelligence Community to
                         Collect Certain Intelligence Regarding
                         United States Persons Held Captive Outside
                         the United States
 
As provided in Presidential Policy Directive-30 of June 24, 2015 (U.S. Nationals Taken Hostage Abroad and Personnel Recovery Efforts), "[t]he United States is committed to achieving the safe and rapid recovery of United States nationals taken hostage outside the United States" and will "leverage appropriate intelligence support to pursue diplomatic, military, and law enforcement actions" to achieve that end.  Moreover, the Intelligence Community (IC), as defined in section 3.5(h) of Executive Order 12333 of December 4, 1981 (United States Intelligence Activities), as amended, has long collected intelligence concerning the identity, safety, and recovery of United States persons reasonably believed to be held captive outside the United States by a foreign power, an international terrorist organization, or other non-United States persons. 
 
I hereby authorize and direct the IC to continue collecting such intelligence, consistent with applicable laws, Executive Orders, and Presidential Directives.  In furtherance thereof, I authorize the IC to collect intelligence concerning the identity, safety, and recovery of United States persons reasonably believed to be held captive outside the United States by a foreign power, an international terrorist organization, or other non-United States persons by directing an intelligence collection technique against such United States persons, including a technique to collect international or foreign communications (namely, communications involving one or more communicant outside the United States) to, from, or about such United States persons; and property, data, or information located outside the United States of such United States persons.  With regard to such collection directed against United States persons held captive abroad, the IC may do so without obtaining, pursuant to section 2.5 of Executive Order 12333, approval from the Attorney General or his determination that the technique is directed against a foreign power or an agent of a foreign power.
 
The directives and authorizations provided in this memorandum shall be implemented consistent with applicable law, including all applicable requirements of the Foreign Intelligence Surveillance Act of 1978, as amended, and the other requirements and limitations of Executive Order 12333, and subject to the availability of appropriations.
 
 
                             DONALD J. TRUMP

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