Administration of Donald J. Trump, 2020

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, and 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 Directiveâ30 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 nonâUnited 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 nonâUnited 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

NOTE: An original was not available for verification of the content of this memorandum, which was released by the Office of the Press Secretary on September 30.

Categories: Communications to Federal Agencies : U.S. persons held captive outside U.S., authorization for intelligence community to collect intelligence, memorandum.

Subjects: Defense and national security : Intelligence; Justice, Department of : Attorney General.

DCPD Number: DCPD202000737.