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Intelligence Community Legal Reference Book UNCLASSIFIED UNCLASSIFIED UNCLASSIFIED O O O F FFICE FFICE N ATI O O ON F F G THE AL E N I D N ERAL TELLIGE IRECT C O O U N R N CE INTELLIGENCE COMMUNITY SEL LEGAL REFERENCE BOOK OFFICE OF THE DIRECTOR L I N EGAL OF NATIONAL INTELLIGENCE TELLIGE OFFICE OF GENERAL COUNSEL R EFERE N CE C N CE O MMU B OO N K ITY OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE WASHINGTON, DC 20511 WINTER WINTER 2012 2012 UNCLASSIFIED UNCLASSIFIED UNCLASSIFIED INTELLIGENCE COMMUNITY LEGAL REFERENCE BOOK OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE OFFICE OF GENERAL COUNSEL WINTER 2012 ii INTRODUCTION On behalf of the Director of National Intelligence, I am pleased to make available the updated Winter 2012 Intelligence Community Legal Reference Book. We have expanded and updated the Reference Book to reflect legal developments since the previous edition was published in 2009 and in response to comments received from the Intelligence Community to that edition. Additionally, we are pleased to announce there will be an online version coming soon, which will offer a searchable version of the book and additional reference materials. We encourage you to use the resource once available at www.dni.gov/ogc. The Intelligence Community draws much of its authority and guidance from the body of law contained in this collection. We hope this proves to be a useful resource to professionals across the federal government. This new edition is the result of many hours of hard work. I would like to extend my thanks to those across the Community who assisted the Office of General Counsel in recommending and preparing the authorities contained herein. I hope you find this book a valuable addition to your library and a useful tool as you carry out your vital mission. Robert S. Litt General Counsel Winter 2012 iii iv ABOUT THIS BOOK The documents presented in this book have been updated to incorporate all amendments made since the Summer 2009 version through January 3, 2012, at which point the documents were, where possible, verified against the United States Code maintained by The Library of Congress and Westlaw. The text of these documents should be cited as ―as amended.‖ All documents in this book are UNCLASSIFIED. This compilation was a significant effort and required many judgments concerning what text to include and how to organize the book. We welcome your thoughts for improving future versions. v vi TABLE OF CONTENTS THE CONSTITUTION OF THE UNITED STATES OF AMERICA ................................................. 1 NATIONAL SECURITY ACT OF 1947 ...................................................................................23 INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004* ............................187 CENTRAL INTELLIGENCE AGENCY ACT OF 1949 .............................................................257 NATIONAL SECURITY AGENCY ACT OF 1959 ...................................................................297 DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES .........................................................309 NATIONAL IMAGERY AND MAPPING AGENCY ACT OF 1996 ............................................319 HOMELAND SECURITY ACT OF 2002* .............................................................................329 COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994 .........................393 COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002 ...................................................397 CLASSIFIED INFORMATION PROCEDURES ACT .................................................................403 FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 ....................................................413 USA PATRIOT ACT OF 2001* .......................................................................................511 USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005* .......................549 DETAINEE TREATMENT ACT OF 2005 ..............................................................................583 TITLE 10, CHAPTER 47A, UNITED STATES CODE , MILITARY COMMISSIONS* .................591 FREEDOM OF INFORMATION ACT .....................................................................................643 PRIVACY ACT ..................................................................................................................661 FEDERAL INFORMATION SECURITY MANAGEMENT ACT .................................................681 WAR CRIMES ACT OF 1996 ..............................................................................................699 INTERCEPTION OF WIRE, ELECTRONIC, AND ORAL COMMUNICATIONS ...........................703 IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007* ..............709 EXECUTIVE ORDER 12139 ...............................................................................................725 EXECUTIVE ORDER 12333 ...............................................................................................727 EXECUTIVE ORDER 12949 ...............................................................................................753 EXECUTIVE ORDER 12968 ...............................................................................................755 EXECUTIVE ORDER 13388 ...............................................................................................771 EXECUTIVE ORDER 13462 ...............................................................................................775 EXECUTIVE ORDER 13467 ...............................................................................................781 EXECUTIVE ORDER 13491 ...............................................................................................789 EXECUTIVE ORDER 13526 ...............................................................................................795 EXECUTIVE ORDER 13587 ...............................................................................................829 INTELLIGENCE SHARING PROCEDURES FOR FOREIGN INTELLIGENCE AND FOREIGN COUNTERINTELLIGENCE INVESTIGATIONS CONDUCTED BY THE FBI ...............................837 GUIDELINES FOR DISCLOSURE OF GRAND JURY AND ELECTRONIC, WIRE, AND ORAL INTERCEPTION INFORMATION IDENTIFYING UNITED STATES PERSONS ...........................843 GUIDELINES REGARDING DISCLOSURE TO THE DIRECTOR OF CENTRAL INTELLIGENCE AND HOMELAND SECURITY OFFICIALS OF FOREIGN INTELLIGENCE ACQUIRED IN THE COURSE OF A CRIMINAL INVESTIGATION.......................................................................................847 GUIDELINES REGARDING PROMPT HANDLING OF REPORTS OF POSSIBLE CRIMINAL ACTIVITY INVOLVING FOREIGN INTELLIGENCE SOURCES ...............................................857 THE ATTORNEY GENERAL‘S GUIDELINES FOR DOMESTIC FBI OPERATIONS ...................861 vii GUIDELINES TO ENSURE THAT THE INFORMATION PRIVACY AND OTHER LEGAL RIGHTS OF AMERICANS ARE PROTECTED IN THE DEVELOPMENT AND USE OF THE INFORMATION SHARING ENVIRONMENT .................................................................................................903 CRITERIA ON THRESHOLDS FOR REPORTING INTELLIGENCE OVERSIGHT MATTERS ........911 MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES ............................915 INTELLIGENCE COMMUNITY AND GOVERNMENT WEBSITES ............................................929 * Selected provisions of these documents are presented in this book. viii ix x UNITED STATES CONSTITUTION THE CONSTITUTION OF THE UNITED STATES OF AMERICA PREAMBLE We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. ARTICLE. I. SECTION 1. All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. SECTION 2. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. No Person shall be a Representative who shall not have attained to the age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. 1 UNITED STATES CONSTITUTION When vacancies happen in the Representation from any State, the Executive Authority
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