Index

SORT: 5200.27

DOCI: DODD 5200.27

DATE: 19800107

TITL: DODD 5200.27 Acquisition of Information Concerning Persons and

Organizations not Affiliated with the Department of Defense, January 7,

1980, USDP



Refs: (a) DoD Directive 5200.27, subject as above, December 8, 1975

(hereby canceled)

(b) DoD Directive 5240.1, "Activities of DoD Intelligence Components that

Affect U.S. Persons," November 30, 1979



A. REISSUANCE AND PURPOSE



This Directive reissues reference (a) to establish for the Defense

Investigative Program general policy, limitations, procedures, and

operational guidance pertaining to the collecting, processing, storing,

and disseminating of information concerning persons and organizations not

affiliated with the Department of Defense.



B. APPLICABILITY AND SCOPE



1. Except as provided by subsection B.3., below, this Directive is

applicable to the Office of the Secretary of Defense, Military

Departments, Office of the Joint Chiefs of Staff, Unified and Specified

Commands, and the Defense Agencies (hereafter referred to as "DoD

Components").



2. The provisions of this Directive encompass the acquisition of

information concerning the activities of:



a.  Persons and organizations, not affiliated with the Department of

Defense, within the 50 States, the District of Columbia, the Commonwealth

of Puerto.  Rico, and U.S. territories and possessions; and



b.  Non-DoD-affiliated U.S. citizens anywhere in the world.



3. This Directive is not applicable to DoD intelligence components as

defined by DoD Directive 5240.1 (reference (b)).



4. Authority to act for the Secretary of Defense in matters in this

Directive which require specific approval are delineated in enclosure l.



C. POLICY



1. Department of Defense policy prohibits collecting, reporting,

processing, or storing information on individuals or organizations not

affiliated with the Department of Defense, except in those limited

circumstances where such information is essential to the accomplishment of

the Department of Defense missions outlined below.



2. Information-gathering activities shall be subject to overall civilian

control, a high level of general supervision and frequent inspections at

the field level.



3. Where collection activities are authorized to meet an essential

requirement for information, maximum reliance shall be placed upon

domestic civilian investigative agencies, Federal, State and local.



4. In applying the criteria for the acquisition and retention of

information established pursuant to this Directive, due consideration

shall be given to the need to protect DoD functions and property in the

different circumstances existing in geographic areas outside the United

States.  Relevant factors include:



a.  The level of disruptive activity against U.S. forces;



b.  The competence of host country investigative agencies;



c.  The degree to which U.S. military and host country agencies exchange

investigative information;



d.  The absence of other U.S. investigative capabilities; and



e.  The unique and vulnerable position of U.S. forces abroad.



D. AUTHORIZED ACTIVITIES



DoD Components are authorized to gather information essential to the

accomplishment of the following defense missions:



1. Protection of DoD Functions and Property.  Information may be acquired

about activities threatening defense military and civilian personnel and

defense activities and installations, including vessels, aircraft,

communications equipment, and supplies.  Only the following types of

activities justify acquisition of information under the authority of this

subsection:



a.  Subversion of loyalty, discipline, or morale of DoD military or

civilian personnel by actively encouraging violation of law, disobedience

of lawful order or regulation, or disruption of military activities.



b.  Theft of arms, ammunition, or equipment, or destruction or sabotage of

facilities, equipment, or records belonging to DoD units or installations.



c.  Acts jeopardizing the security of DoD elements or operations or

compromising classified defense information by unauthorized disclosure or

by espionage.



d.  Unauthorized demonstrations on active or reserve DoD installations.



e.  Direct threats to DoD military or civilian personnel in connection withtheir official duties or to other persons who have been authorized

protection by DoD resources.



f.  Activities endangering facilities which have classified defense

contracts or which have been officially designated as key defense

facilities.



g.  Crimes for which DoD has responsibility for investigating or

prosecuting.



2. Personnel Security.  Investigations may be conducted in relation to the

following categories of persons:



a.  Members of the Armed Forces, including retired personnel, members of

the Reserve Components, and applicants for commission or enlistment.



b.  DoD civilian personnel and applicants for such status.



c.  Persons having need for access to official information requiring

protection in the interest of national defense under the Department of

Defense Industrial Security Program or being considered for participation

in other authorized Department of Defense programs.



3. Operations Related to Civil Disturbance.  The Attorney General is the

chief civilian officer in charge of coordinating all Federal Government

activities relating to civil disturbances.  Upon specific prior

authorization of the Secretary of Defense or his designee, information may

be acquired which is essential to meet operational requirements flowing

from the mission assigned to the Department of Defense to assist civil

authorities in dealing with civil disturbances.  Such authorization will

only be granted when there is a distinct threat of a civil disturbance

exceeding the law enforcement capabilities of State and local authorities.



E. PROHIBITED ACTIVITIES



1. The acquisition of information on individuals or organizations not

affiliated with the Department of Defense will be restricted to that which

is essential to the accomplishment of assigned Department of Defense

missions under this Directive.



2. No information shall be acquired about a person or organization solely

because of lawful advocacy of measures in opposition to Government policy.



3. There shall be no physical or electronic surveillance of Federal,

State, or local officials or of candidates for such offices.



4. There shall be no electronic surveillance of any individual or

organization except as authorized by law.



5. There shall be no covert or otherwise deceptive surveillance or

penetration of civilian organizations unless specifically authorized by

the Secretary of Defense, or his designee.



6. No DoD personnel will be assigned to attend public or private meetings,

demonstrations, or other similar activities for the purpose of acquiring

information, the collection of which is authorized by this Directive

without specific prior approval by the Secretary of Defense, or his

designee.  An exception to this policy may be made by the local commander

concerned, or higher authority, when, in his judgment, the threat is

direct and immediate and time precludes obtaining prior approval.  In each

such case a report will be made immediately to the Secretary of Defense,

or his designee.



7. No computerized data banks shall be maintained relating to individuals

or organizations not affiliated with the Department of Defense, unless

authorized by the Secretary of Defense, or his designee.



F. OPERATIONAL GUIDANCE



1. Nothing in this Directive shall be construed to prohibit the prompt

reporting to law enforcement agencies of any information indicating the

existence of a threat to life or property, or the violation of law, nor to

prohibit keeping a record of such a report.



2. Nothing in this Directive shall be construed to restrict the direct

acquisition by overt means of the following information:



a.  Listings of Federal, State, and local officials who have official

responsibilities related to the control of civil disturbances.  Such

listings may be maintained currently.



b.  Physical data on vital public or private installations, facilities,

highways, and utilities, as appropriate, to carry out a mission assigned

by this Directive.



3. Access to information obtained under the provisions of this Directive

shall be restricted to governmental agencies which require such

information in the execution of their duties.



4. Information within the purview of this Directive, regardless of when

acquired, shall be destroyed within 90 days unless its retention is

required by law or unless its retention is specifically authorized under

criteria established by the Secretary of Defense, or his designee.



5. This Directive does not abrogate any provision of the Agreement

Governing the Conduct of Defense Department Counterintelligence Activities

in Conjunction with the Federal Bureau of Investigation, April 5, 1979,

nor preclude the collection of information required by Federal statute or

Executive Order.



G. EFFECTIVE DATE AND IMPLEMENTATION



This Directive is effective immediately.  Forward two copies of

implementing regulations to the Deputy Under Secretary of Defense (Policy

Review) within 120 days.



W. Graham Claytor, Jr.  Deputy Secretary of Defense



Enclosure - 1 Delegation of Authority



DELEGATION OF AUTHORITY



A. The Secretary of the Army is designated to authorize those activities

delineated in subsection D.3., basic Directive.  This authority may not be

further delegated to other than the Under Secretary of the Army.



B. The Deputy Under Secretary of Defense (Policy Review) (DUSD(PR)) is

designated to authorize those activities delineated in subsection E.5.,

basic Directive, within the 50 states, the District of Columbia, the

Commonwealth of Puerto Rico, and U.S. territories and possessions.  This

authority may not be delegated.  The investigating DoD Component, prior to

requesting approval for authorizations under this provision, shall

coordinate prospective activities with the Federal Bureau of

Investigation.



C. The DUSD(PR) and the Secretaries of the Military Departments are

designated to authorize those activities (delineated in subsection E.5.,

basic Directive) abroad when membership of the civilian organization is

reasonably expected to include a significant number of non-DoD-affiliated

U.S. citizens.  This authority may not be further delegated to other than

the Under Secretaries of the Military Departments.  When the Military

Department Secretary or Under Secretary exercises this delegation of

authority, the DUSD(PR) shall be advised promptly.



NOTE: "Abroad" means "outside the United States, its territories and

possessions." END NOTE:



D. The Secretaries of the Military Departments are designated to authorize

in their Departments those activities delineated in subsection E.6., basic

Directive, within the 50 states, the District of Columbia, the Common

wealth of Puerto Rico, and U.S. territories and possessions.  This

authority may not be further delegated to other than the Under Secretaries

of the Military Departments.



E. The Secretaries of the Military Departments are designated to authorize

in their Departments those activities (delineated in subsection E.6.,

basic Directive) abroad" when a significant number of non-DoD-affiliated

U.S. citizens are expected to be present.  This authority may be further

delegated, in writing, as circumstances warrant, to an authorized

designee.  The DUSD(PR) will be notified immediately of such further

delegations of authority.  When the Secretary or Under Secretary of a

Military Department or his designee exercises this delegated authority,

the DUSD(PR) shall be advised promptly.



F. The DUSD(PR) is designated to authorize those activities delineated in

subsections E.7. and F.4., basic Directive.  These authorities may not be

further delegated.



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