A.  Applicability and Scope


   This procedure specifies the kinds of information about United 
States persons that may be collected by DoD intelligence components and
sets forth general criteria governing the means used to collect such 
information.  Additional limitations are imposed in procedures 5 through 10 
on the use of specific collection techniques.


B.  Explanation of undefined terms


   1.  Collection.  Information shall be considered as "collected" only
when it has been received for use by an employee of a DoD intelligence
component in the course of his official duties.  Thus, information 
volunteered to DoD intelligence component by a cooperating source would be
"collected" under this procedure when an employee of such component 
officially accepts, in some manner, such information for use within that 
component.  Data acquired by electronic means is "collected" only when
it has been processed into intelligible form.


   2.  Cooperating sources means persons or organizations that knowingly
and voluntarily provide information to DoD intelligence components, or 
access to information, at the request of such components or on their own
initiative.  These include government agencies, law enforcement authorities
credit agencies, academic institutions, employers, and foreign governments.


   3.  Domestic activities refers to activities that take place within the
United States that do not involve a significant connection with a foreign
power, organization, or person.


   4.  Overt means refers to methods of collection whereby the source of 
the information being collected is advised, or is otherwise aware, that he
is providing such information to the Department of Defense or a component
thereof.


C.  Types of information that may be collected about United States persons.


   Information that identifies a United States person may be collected by 
a DoD intelligence component only if it is necessary to the conduct of a 
function assigned the collecting component, and only if it falls within 
one of the following categories:


   1.  Information obtained with consent.  Information may be collected 
about a United States person who consents to such collection.


   2.  Publicly available information.  Information may be collected about 
a United States person if it is publicly available.


   3.  Foreign Intelligence.  Subject to the special limitation contained
in section e, below, information may be collected about a United States
person if the information constitutes foreign intelligence, provided the 
intentional collection of foreign intelligence about United States persons
shall be limited to persons who are:


      a.  individuals reasonable believed to be officers or employees, or
otherwise acting for or on behalf, of a foreign power;


      b.  an organization reasonably believed to be owned or controlled, 
directly or indirectly, by a foreign power;


      c.  persons or organizations reasonably believed to be engaged or 
about to engage, in international terrorist or international narcotics 
activities;


      d.  persons who are reasonably believed to be prisoners of war;
missing in action; or are the targets, the hostages, or victims of 
international terrorist organizations; or


      e.  corporations or other commercial organizations believed to have
some relationship with foreign powers, organizations, or persons.


4.  Counterintelligence.  Information may be collected about a United States
person if the information constitutes counterintelligence, provided the
intentional collection of counterintelligence about United States persons
must be limited to:


      a.  persons who are reasonably believed to be engaged in, or about to
engage in, intelligence activities on behalf of a foreign power, or
international terrorist activities.


      b.  persons in contact with persons described in paragraph c.4.a, 
above, for the purpose of identifying such person and assessing their 
relationship with persons described in paragraph c.4.a, above.


5.  Potential sources of assistance to intelligence activities.  Information
may be collected about united states persons reasonably believed to be 
potential sources of intelligence, or potential sources of assistance to
intelligence activities, for the purpose of assessing their suitability or
credibility.  This category does not include investigations undertaken
for personnel security purposes.
 

6.  Protection of intelligence sources and methods.  Information may be 
collected about a United States person who has access to, had access to, or
is otherwise in possession of, information which reveals foreign 
intelligence and counterintelligence sources or methods, when collection
is reasonably believed necessary to protect against the unauthorized 
disclosure of such information; provided that within the United States, 
intentional collection of such information shall be limited to persons who
are:


   a.  present and former DoD employees;


   b.  present or former employees of a present or former DoD contractor;


   c.  applicants for employment at DoD or at a contractor of DoD.


7.  Physical Security.  Information may be collected about a United States
person who is reasonably believed to threaten the physical security of dod
employees, installations, operations, or official visitors.  Information
may also be collected in the course of a lawful physical security 
investigation.


8.  Personnel Security.  Information may be collected about a United States
person that arise out of a lawful personnel security investigation.


9.  Communications Security.  Information may be collected about a United
States person that arises out of a lawful communications security 
investigation.


10. Narcotics.  Information may be collected about a United States person
who is reasonably believed to be engaged in international naracotics 
activities.


11. Threats to Safety.  Information may be collected about a United States
person when the information is needed to protect the safety of any person
or organization, including those who are targets, victims, or hostages of
international terrorist organizations.


12.  Overhead Reconnaissance.  Information may be collected from overhead
reconnaissance not directed at specific United States persons.


13.  Administrative Purposes.  Information may be collected about a United
States person that is necessary for administrative purposes.


D.  General criteria governing the means used to collect information about
United States persons.


1.  Means of collection.  DoD intelligence components are authorized to 
collect information about United States persons by any lawful means, 
provided that all such collection activities shall be carried out in 
accordance with EO 12333 (reference (a)), and this regulation, as 
appropriate.


2.  Least intrusive means.  The collection of information about United 
States persons shall be accomplished by the least intrusive means.  In 
general, this means the following:


   a.  to the extent feasible, such information shall be collected from 
publicly available information or with the consent of the person 
concerned;


   b.  if collection from these sources in not feasible or sufficient, such
information may be collected from cooperating sources;


   c.  if collection from cooperating sources is not feasible or 
sufficient, such information may be collected, as appropriate, using other
lawful investigative techniques that do not require a judicial warrant or 
the approval of the attorney general; then


   d.  if collection through use of these techniques is not feasible or 
sufficient, approval for use of investigative techniques that do require a
judicial warrant or the approval of the attorney general may be sought.


E.  Special limitation on the collection or foreign intelligence with the
United States.


   Within the United States, foreign intelligence concerning United States
persons may be collected only by overt means unless all the following 
conditions are met:


      1.  the foreign intelligence sought is significant and collection is
not undertaken for the purpose of acquiring information concerning the 
domestic activities of any United States person;


      2.  such foreign intelligence cannot be reasonably obtained by overt
means;


      3.  the collection of such foreign intelligence has been coordinated
with the Federal Bureau of Intelligence (FBI); and 


      4.  The use of other than overt means has been approved in writing by
the head of the DoD intelligence component concerned, or his single designee
as being consistent with these procedures.  A copy of any approval made 
pursuant to this section shall be provided the Deputy Under Secretary of 
Defense (Policy).