ICD 304 INTELLIGENCE COMMUNITY DIRECTIVE UMBER 304 HUMAN INTELLIGENCE A. (U) PURPOSE 1. (U) Pursuant to Intelligence Community Directive (ICD) 101, Section ICD 304 Human Intelligence is hereby-amended(U) Amendments to this Directive are issued in conformity with ICD 113 Functional Managers. B. (U) EFFECTIVE DATE: This Amendment becomes effective on the date of signature. - ?Jo; 9 03059 Deputy Director of National Intelligence Date ?f for Policy. Plans, and Requirements NCLAS ICD 304 INTELLIGENCE COMMUNITY DIRECTIVE NUMBER 304 HUMAN INTELLIGENCE (Enrecnvn: 6 MARCH 2008) (AMENDED: 9 JULY 2009) A. (U) AUTHORITY: The National Security Act of I947. as amended; Executive Order 12333. as amended; National Security Council Directive 5, U.S. Espionage and Countei-intelligence Activities Abroad. 17 February 1972; and other applicable provisions of law. B. (U) PURPOSE I I I 1. 3. (U) This Directive rescinds portions of Director of Central Intelligence Directive (DCID) Espionage and Counter-intelligence Activities Abroad. 19 December 1984; and rescinds DCID 3/2, Coordination of Overt Collection Abroad, 26 November 2001. UIIFOUO UNCLA C. (U) APPLICABILITY l. (U) This Directive applies to the Intelligence Community, as de?ned by the National Security Act of 1947. as amended. and other departments or agencies that may be designated by the President, or designated jointly by the DNI and the head of the department or agency concerned.-as an element of the and to activities funded by the National Intelligence Program. 2. (U) This Directive also applies to other elements of the USG engaged in the collection of intelligence through: HUM INT activities, counterintelligence activitiesz. or activities that involve the use of clandestine methods. to the extent permitted by and in accordance with applicable provisions of statute or executive order. 3. (U) This Directive does not apply to purely law enforcement investigations or activities. When law enforcement investigations or activities also involve national intelligence or intelligence related to national security, this Directive shall apply if it is not otherwise inconsistent with any applicable Attorney General Guidelines. headquarters-level federal law enforcement policy, or written interagency agreements. 4. (U) Where there are overlapping or parallel authorities or responsibilities with ICD 113, the National HUMINT Manager shall exercise those authorities and responsibilities under ICD 1 13, and IC elements shall act in accordance with ICD 113. D. (U) POLICY (U) The DNI is committed to ensuring that HUMINT activities are executed in a prioritized, coordinated, integrated. and professional manner; that USG elements engaged in the collection of intelligence through I-IUMINT activities, counterintelligence activities. or activities that involve the use of clandestine methods are coordinated and decon?icted with IC HUMINT activities; that HUMINT practitioners use core common standards; and that there is transparency into HUMINT support capabilities to allow all IC elements to bene?t from technical or other advances. The overall policy goal is to create a HUMINT enterprise that is efficient. interoperable, provides necessary operational transparency. adequately protects sources and methods from compromise, and has a workforce with common skills and coordinated objectives so that it can respond to a greater number of requirements. l. (U) National HUMINT collection conducted by the IC shall be conducted in accordance with Presidential priorities described in the National Intelligence Priorities Framework and DNI policy directives or guidance. 2. cuasouo) 2 3. 4. 5. 6. (U) Coordination and deconfliction of activities referenced in sections D.4 and D5 shall be comprehensive and continuing and shall be handled at the lowest practicable level by the affected departments and agencies. 7- (U) und_cr_sections D.4.tl1rovsl1.De6.s.h.all_ . . accordance with Executive Order 12333, as amended, or successor executive orders. 8. (U) Intelligence obtained from IC operations or activities shall be disseminated, pursuant to DNI policy. to the maximum extent possible, with due regard for the protection of sources and methods. 9. (U) IC elements shall conduct services of common concern for HUMINT operations and activities on behalf of the IC as recommended by the NI-IM, and approved by the DNI, in coordination with affected IC elements. E. (U) ROLES AND RESPONSIBILITIES l. (U) Office of the Director of Eatignal lgtelligence. The Deputy Director of National Intelligence for Collection is delegated all authorities and responsibilities of the DNI with respect to establishing objectives, priorities and guidance for national I-IUMINT activities; resolves conflicts in collection requirements; evaluates the effectiveness of the national HUMINT enterprise; supports HUMINT policy development; and in coordination with the Associate Director of National Intelligence and Chief Financial Officer advises the DNI on HUMINT resource allocations within the National Intelligence Program and the Military Intelligence Program. ?(u/move) 3 (UIIFOUO) 3- 4 ICD 304 F- 304 UNCLAS a. b. 4. (U) Federal guregu of Investigation. a. (UIIFOUO) b. (U) Conducts HUMINT services of common concern on behalf of the IC in accordance with section E.2.f. 5. (U) Department gf Defense. a. b. (U) Conducts I-IUMINT services of common concern on behalf of the IC in accordance with section E.2.f. 6. (U) Qther IQ IC elements shall: a. (U) Be responsible for executing their HUMINT activities in accordance with this Directive. and other applicable DNI and NHM directives, policies. and guidance. b. (U) Conduct HUMINT services of common concern on behalf of the IC in accordance with section E.2.f. F. (U) EFFECTIVE DATE: This Directive becomes effective on the date of signature. IISIGNEDII _LM_MeConneLl? 6 Mar 2008 Director of National Intelligence Date 5 304 APPENDIX A--DEFINITIONS ICD 304, Human Intelligence 1. (U) Clandgtine. Any HUMLNT or other activity or operation sponsored or conducted by govemmental departments or agencies with the intent to assure secrecy or concealment. 2. (U) Information gathered and activities conducted to identify, deceive, exploit. interdict, disrupt, or protect against espionage, other intelligence activities, sabotage. or assassinations conducted for or on behalf of foreign powers, foreign organizations or persons. or international terrorist organizations or activities. 3. (U) Eoreign Intelligence. Information relating to tl1e capabilities, intentions, and activities of foreign governments or elements thereof, foreign organizations, or foreign persons, or international terrorist activities. (NSA 4. (U) Human Intelligence A category of intelligence derived from information collected and provided by human sources. (ICD 1) 5. (U) Intelligence Cop_1mu_t;ity. Includes the following: the Office of the the Central Intelligence Agency; the National Security Agency; the Defense Intelligence Agency; the National Geospatial?Intelligence Agency; the National Reconnaissance Office; other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs; the intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Federal Bureau of 1nvestig'ati'o'n', the and the of Energy; the Bureau of Intelligence and Research of the Department of State; the Office of Intelligence and Analysis of the Department of the Treasury; elements of the Department of Homeland Security concerned with the analysis of intelligence information. including the Office of Intelligence of the Coast Guard; such other elements of any other department or agency as may be designated by the President. or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the Intelligence Community. (NSA 3 6. (U) National Intelligence and Intelligence Related to National Security. Refers to all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that pertains. as determined consistent with any guidance issued by the President, to more than one U.S. Government agency; and that involves threats to the United States, its people, property, or interests; the development, proliferation. or use of weapons of mass destruction; or any other matter bearing on U.S. national or homeland security. (NSA 7. (U) National intelligence Program All programs. projects and activities of the IC, as well as any other programs of the IC designated jointly by the DNI and the head of a U.S. department or agency or by the President. It does not include programs, projects or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by U.S. armed forces. (NSA 8. (U) Overt. Activities that are openly acknowledged by or are readily attributable to the U.S. Government, and include activities designed to acquire information through legal and open 6 304 UN CLASS means without concealment. Information may be collected by observation, elicitation, or from knowledgeable human sources.