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Presidential Memoranda

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

National Security & Defense

Issued on:

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