Regarding Non-Public Identity Information Concerning Known Unconsenting United States Persons

by Donald John Trump

Administration of Donald J. Trump, 2018

January 9, 2018

By the President of the United States of America

A Memorandum

Memorandum for the Director of National Security.

Section 1.Requirements for Procedures.

(a) The Director of National Intelligence shall, within 30 days of the date of this memorandum, issue and release publicly a policy requiring that each element of the Intelligence Community (IC) develop and maintain procedures for responding to requests from Federal, State, local, tribal, or territorial government officials for non-public identity information concerning known unconsenting United States persons that was originally omitted from disseminated intelligence reports.

(b) The procedures developed pursuant to subsection (a) of this memorandum shall supplement and not supersede:

(i) procedures for the collection, retention, and dissemination of information concerning United States persons established pursuant to section 2.3 of Executive Order 12333 of December 4, 1981 (United States Intelligence Activities), as amended;

(ii) standard minimization procedures established pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.); and

(iii) any other procedures for the collection, retention, or dissemination of information concerning United States persons required by law.

Section 2.Notification.

The Director of National Intelligence may not modify or otherwise supersede the issued guidance, or any successor guidance, absent notification to the President, through the Assistant to the President for National Security Affairs, of the proposed modifications or new guidance and the passage of 30 days following such notification.

Section 3.Definitions.

For the purposes of this memorandum, the terms “Intelligence Community” and “United States person” shall have the meanings given to them in section 3.5 of Executive Order 12333, as amended.

Donald J. Trump