LEGAL REFERENCE BOOK - Dni.gov
INTELLIGENCE COMMUNITYLEGAL REFERENCE BOOKOFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCEOFFICE OF GENERAL COUNSELWINTER 2020
INTRODUCTIONOn behalf of the Director of National Intelligence, I am pleased to make availablethe Winter 2020 edition of the Intelligence Community Legal ReferenceBook. The Office of General Counsel updated the Reference Book to reflect legaldevelopments since the 2016 edition and comments received from the IntelligenceCommunity. Additionally, we are updating the online version of the referencebook, which is available at www.dni.gov/ogc.The body of law contained in this collection provides the Intelligence Communitywith much of its authority and guidance. We hope this collection will provideprofessionals across the federal government with a helpful, consolidated resourceto use in their day-to-day work on behalf of the American people.This new edition is the result of many hours of hard work. I would like to extendmy thanks to those across the Community who assisted the Office of GeneralCounsel in recommending and preparing the authorities contained herein. I hopethis book proves a valuable addition to your library and a useful tool as you carryout your vital mission.Jason KlitenicGeneral CounselWinter 2020iii
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ABOUT THIS BOOKThe documents presented in this book have been updated to incorporate allamendments made since the Spring 2016 version through December 20, 2019, atwhich point the documents were, where possible, verified against the United StatesCode maintained by The Library of Congress and Westlaw. The text of thesedocuments should be cited as “as amended.” Editorial notes throughout the bookhave been placed in brackets or otherwise noted.All documents in this book are UNCLASSIFIED.This compilation was a significant effort and required many judgmentsconcerning what text to include and how to organize the book. We welcome yourthoughts for improving future versions.v
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TABLE OF CONTENTSINTRODUCTION . IIITABLE OF CONTENTS . VIITHE CONSTITUTION OF THE UNITED STATES OF AMERICA . 1PRINCIPLES OF PROFESSIONAL ETHICS FOR THE IC.22PRINCIPLES OF INTELLIGENCE TRANSPARENCY FOR THE IC .24NATIONAL SECURITY ACT OF 1947 .26INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004* .210CENTRAL INTELLIGENCE AGENCY ACT OF 1949 .242NATIONAL SECURITY AGENCY ACT OF 1959.286DEPARTMENT OF DEFENSE TITLE 10 AUTHORITIES* .300NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY TITLE 10 AUTHORITIES* .316HOMELAND SECURITY ACT OF 2002* .326COUNTERINTELLIGENCE AND SECURITY ENHANCEMENTS ACT OF 1994* . 377COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002 .381CLASSIFIED INFORMATION PROCEDURES ACT .386FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978 .396PROCEDURES FOR THE RETENTION OF INCIDENTALLY ACQUIRED COMMUNICATIONS .517MILITARY COMMISSIONS, TITLE 10 .520FREEDOM OF INFORMATION ACT .572PRIVACY ACT .596E-GOVERNMENT ACT OF 2002* .616FEDERAL INFORMATION SECURITY MODERNIZATION ACT OF 2014* .621RESPONSIBILITIES FOR FEDERAL INFORMATION SYSTEMS STANDARDS* .640WAR CRIMES ACT OF 1996.642FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007 .653CYBERSECURITY ACT OF 2015* .656EO 12139: FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE .691EO 12333: UNITED STATES INTELLIGENCE ACTIVITIES .693EO 12949: FOREIGN INTELLIGENCE PHYSICAL SEARCHES .720EO 12968: ACCESS TO CLASSIFIED INFORMATION .722EO 13388: SHARING OF TERRORISM INFORMATION .737EO 13462: PRESIDENT’S INTELLIGENCE ADVISORY BOARD AND INTELLIGENCEOVERSIGHT BOARD .741EO 13467: SUITABILITY FOR GOVERNMENT EMPLOYMENT, FITNESS FOR CONTRACTOREMPLOYEES, AND ACCESS TO CLASSIFIED INFORMATION .747EO 13491: ENSURING LAWFUL INTERROGATION .771EO 13526: CLASSIFIED NATIONAL SECURITY INFORMATION .776EO 13636: IMPROVING CRITICAL INFRASTRUCTURE CYBERSECURITY.811PPD 28: SIGNALS INTELLIGENCE ACTIVITIES .820INTELLIGENCE SHARING PROCEDURES FOR FI AND FCI CONDUCTED BY THE FBI .831GUIDELINES REGARDING DISCLOSURE OF FI ACQUIRED IN THE COURSE OF A CRIMINALINVESTIGATION .837vii
GUIDELINES REGARDING REPORTS OF POSSIBLE CRIMINAL ACTIVITY INVOLVING FOREIGNINTELLIGENCE SOURCES .845INFORMATION SHARING ENVIRONMENT PRIVACY GUIDELINES .848CRITERIA ON THRESHOLDS FOR REPORTING INTELLIGENCE OVERSIGHT MATTERS .856MOU: REPORTING OF INFORMATION CONCERNING FEDERAL CRIMES .860INTELLIGENCE COMMUNITY AND GOVERNMENT WEBSITES .872* Only select provisions are included in this book.viii
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UNITED STATES CONSTITUTIONTHE CONSTITUTION OF THE UNITED STATES OF AMERICAPREAMBLEWe the People of the United States, in Order to form a more perfect Union,establish Justice, insure domestic Tranquility, provide for the common defense,promote the general Welfare, and secure the Blessings of Liberty to ourselvesand our Posterity, do ordain and establish this Constitution for the United Statesof America.ARTICLE. I.SECTION 1.All legislative Powers herein granted shall be vested in a Congress of the UnitedStates, which shall consist of a Senate and House of Representatives.SECTION 2.The House of Representatives shall be composed of Members chosen everysecond Year by the People of the several States, and the Electors in each Stateshall have the Qualifications requisite for Electors of the most numerous Branchof the State Legislature.No Person shall be a Representative who shall not have attained to the Age oftwenty five Years, and been seven Years a Citizen of the United States, and whoshall not, when elected, be an Inhabitant of that State in which he shall be chosen.Representatives and direct Taxes shall be apportioned among the several Stateswhich may be included within this Union, according to their respective Numbers,which shall be determined by adding to the whole Number of free Persons,including those bound to Service for a Term of Years, and excluding Indians nottaxed, three fifths of all other Persons. The actual Enumeration shall be madewithin three Years after the first Meeting of the Congress of the United States,and within every subsequent Term of ten Years, in such Manner as they shall byLaw direct. The Number of Representatives shall not exceed one for every thirtyThousand, but each State shall have at Least one Representative; and until suchenumeration shall be made, the State of New Hampshire shall be entitled to chusethree, Massachusetts eight, Rhode-Island and Providence Plantations one,Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delawareone, Maryland six, Virginia ten, North Carolina five, South Carolina five, andGeorgia three.1
UNITED STATES CONSTITUTIONWhen vacancies happen in the Representation from any State, the ExecutiveAuthority thereof shall issue Writs of Election to fill such Vacancies.The House of Representatives shall chuse their Speaker and other Officers; andshall have the sole Power of Impeachment.SECTION 3.The Senate of the United States shall be composed of two Senators from eachState, chosen by the Legislature thereof, for six Years; and each Senator shallhave one Vote.Immediately after they shall be assembled in Consequence of the first Election,they shall be divided as equally as may be into three Classes. The Seats of theSenators of the first Class shall be vacated at the Expiration of the second Year,of the second Class at the Expiration of the fourth Year, and of the third Class atthe Expiration of the sixth Year, so that one third may be chosen every secondYear; and if Vacancies happen by Resignation, or otherwise, during the Recess ofthe Legislature of any State, the Executive thereof may make temporaryAppointments until the next Meeting of the Legislature, which shall then fill suchVacancies.No Person shall be a Senator who shall not have attained to the Age of thirtyYears, and been nine Years a Citizen of the United States, and who shall not,when elected, be an Inhabitant of that State for which he shall be chosen.The Vice President of the United States shall be President of the Senate but shallhave no Vote, unless they be equally divided.The Senate shall chuse their other Officers, and also a President pro tempore, inthe Absence of the Vice President, or when he shall exercise the Office ofPresident of the United States.The Senate shall have the sole Power to try all Impeachments. When sitting forthat Purpose, they shall be on Oath or Affirmation. When the President of theUnited States is tried, the Chief Justice shall preside: And no Person shall beconvicted without the Concurrence of two thirds of the Members present.Judgment in Cases of Impeachment shall not extend further than to removal fromOffice, and disqualification to hold and enjoy any Office of honor, Trust or Profitunder the United States: but the Party convicted shall nevertheless be liable andsubject to Indictment, Trial, Judgment and Punishment, according to Law.2
UNITED STATES CONSTITUTIONSECTION 4.The Times, Places and Manner of holding Elections for Senators andRepresentatives, shall be prescribed in each State by the Legislature thereof; butthe Congress may at any time by Law make or alter such Regulations, except asto the Places of chusing Senators.The Congress shall assemble at least once in every Year, and such Meeting shallbe on the first Monday in December, unless they shall by Law appoint a differentDay.SECTION 5.Each House shall be the Judge of the Elections, Returns and Qualifications of itsown Members, and a Majority of each shall constitute a Quorum to do Business;but a smaller Number may adjourn from day to day, and may be authorized tocompel the Attendance of absent Members, in such Manner, and under suchPenalties as each House may provide.Each House may determine the Rules of its Proceedings, punish its Members fordisorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.Each House shall keep a Journal of its Proceedings, and from time to timepublish the same, excepting such Parts as may in their Judgment require Secrecy;and the Yeas and Nays of the Members of either House on any question shall, atthe Desire of one fifth of those Present, be entered on the Journal.Neither House, during the Session of Congress, shall, without the Consent of theother, adjourn for more than three days, nor to any other Place than that in whichthe two Houses shall be sitting.SECTION 6.The Senators and Representatives shall receive a Compensation for theirServices, to be ascertained by Law, and paid out of the Treasury of the UnitedStates. They shall in all Cases, except Treason, Felony and Breach of the Peace,be privileged from Arrest during their Attendance at the Session of theirrespective Houses, and in going to and returning from the same; and for anySpeech or Debate in either House, they shall not be questioned in any otherPlace.No Senator or Representative shall, during the Time for which he was elected, beappointed to any civil Office under the Authority of the United States, whichshall have been created, or the Emoluments whereof shall have been encreased3
UNITED STATES CONSTITUTIONduring such time; and no Person holding any Office under the United States, shallbe a Member of either House during his Continuance in Office.SECTION 7.All Bills for raising Revenue shall originate in the House of Representatives; butthe Senate may propose or concur with Amendments as on other Bills.Every Bill which shall have passed the House of Representatives and the Senate,shall, before it become a law, be presented to the President of the United States:If he approve he shall sign it, but if not he shall return it, with his Objections tothat House in which it shall have originated, who shall enter the Objections atlarge on their Journal, and proceed to reconsider it. If after such Reconsiderationtwo thirds of that House shall agree to pass the Bill, it shall be sent, together withthe Objections, to the other House, by which it shall likewise be reconsidered,and if approved by two thirds of that House, it shall become a Law. But in allsuch Cases the Votes of both Houses shall be determined by Yeas and Nays, andthe Names of the Persons voting for and against the Bill shall be entered on theJournal of each House respectively. If any Bill shall not be returned by thePresident within ten Days (Sundays excepted) after it shall have been presentedto him, the Same shall be a Law, in like Manner as if he had signed it, unless theCongress by their Adjournment prevent its Return, in which Case it shall not be aLaw.Every Order, Resolution, or Vote to which the Concurrence of the Senate andHouse of Representatives may be necessary (except on a question ofAdjournment) shall be presented to the President of the United States; and beforethe Same shall take Effect, shall be approved by him, or being disapproved byhim, shall be repassed by two thirds of the Senate and House of Representatives,according to the Rules and Limitations prescribed in the Case of a Bill.SECTION 8.The Congress shall have Power To lay and collect Taxes, Duties, Imposts andExcises, to pay the Debts and provide for the common Defence and generalWelfare of the United States; but all Duties, Imposts and Excises shall beuniform throughout the United States;To borrow Money on the credit of the United States;To regulate Commerce with foreign Nations, and among the several States, andwith the Indian Tribes;4
UNITED STATES CONSTITUTIONTo establish an uniform Rule of Naturalization, and uniform Laws on the subjectof Bankruptcies throughout the United States;To coin Money, regulate the Value thereof, and of foreign Coin, and fix theStandard of Weights and Measures;To provide for the Punishment of counterfeiting the Securities and current Coinof the United States;To establish Post Offices and post Roads;To promote the Progress of Science and useful Arts, by securing for limitedTimes to Authors and Inventors the exclusive Right to their respective Writingsand Discoveries;To constitute Tribunals inferior to the supreme Court;To define and punish Piracies and Felonies committed on the high Seas, andOffences against the Law of Nations;To declare War, grant Letters of Marque and Reprisal, and make Rulesconcerning Captures on Land and Water;To raise and support Armies, but no Appropriation of Money to that Use shall befor a longer Term than two Years;To provide and maintain a Navy;To make Rules for the Government and Regulation of the land and naval Forces;To provide for calling forth the Militia to execute the Laws of the Union,suppress Insurrections and repel Invasions;To provide for organizing, arming, and disciplining, the Militia, and forgoverning such Part of them as may be employed in the Service of the UnitedStates, reserving to the States respectively, the Appointment of the Officers, andthe Authority of training the Militia according to the discipline prescribed byCongress;To exercise exclusive Legislation in all Cases whatsoever, over such District (notexceeding ten Miles square) as may, by Cession of particular States, and the5
UNITED STATES CONSTITUTIONAcceptance of Congress, become the Seat of the Government of the UnitedStates, and to exercise like Authority over all Places purchased by the Consent ofthe Legislature of the State in which the Same shall be, for the Erection of Forts,Magazines, Arsenals, dock-Yards, and other needful Buildings;—AndTo make all Laws which shall be necessary and proper for carrying intoExecution the foregoing Powers, and all other Powers vested by this Constitutionin the Government of the United States, or in any Department or Officer thereof.SECTION 9.The Migration or Importation of such Persons as any of the States now existingshall think proper to admit, shall not be prohibited by the Congress prior to theYear one thousand eight hundred and eight, but a Tax or duty may be imposed onsuch Importation, not exceeding ten dollars for each Person.The Privilege of the Writ of Habeas Corpus shall not be suspended, unless whenin Cases of Rebellion or Invasion the public Safety may require it.No Bill of Attainder or ex post facto Law shall be passed.No Capitation, or other direct, Tax shall be laid, unless in Proportion to theCensus or Enumeration herein before directed to be taken.No Tax or Duty shall be laid on Articles exported from any State.No Preference shall be given by any Regulation of Commerce or Revenue to thePorts of one State over those of another: nor shall Vessels bound to, or from, oneState, be obliged to enter, clear, or pay Duties in another.No Money shall be drawn from the Treasury, but in Consequence ofAppropriations made by Law; and a regular Statement and Account of theReceipts and Expenditures of all public Money shall be published from time totime.No Title of Nobility shall be granted by the United States: And no Person holdingany Office of Profit or Trust under them, shall, without the Consent of theCongress, accept of any present, Emolument, Office, or Title, of any kindwhatever, from any King, Prince or foreign State.6
UNITED STATES CONSTITUTIONSECTION 10.No State shall enter into any Treaty, Alliance, or Confederation; grant Letters ofMarque and Reprisal; coin Money; emit Bills of Credit; make any Thing but goldand silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex postfacto Law, or Law impairing the Obligation of Contracts, or grant any Title ofNobility.No State shall, without the Consent of the Congress, lay any Imposts or Duties onImports or Exports, except what may be absolutely necessary for executing it’sinspection Laws: and the net Produce of all Duties and Imposts, laid by any Stateon Import
the Winter 2020 edition of the Intelligence Community Legal Reference Book. The Office of General Counsel updated the Reference Book to reflect legal developments since the 2016 edition and comments received fr om the Intelligence Community. Additionally, we are updating the online version of the reference book, which is available at
Intelligence (DNI) or of the heads of elements of the Intelligence Community pursuant to policies issued by the DNI. Consistent with Reference (b), SCI shall be safeguarded in accordance with the policies and procedures issued by the DNI, as implemented by DoD 5105.21-M-1 (Reference (i
RESUME: Applicants are encouraged to carefully review the vacancy announcement, particularly the MDRs, and . sent to either DNI-HR-HRM-TEAMC-Mailbox@cia.ic.gov (classified email system) or Recruitment_TeamC@dni.gov (unclassified email system).
injury case - may apply for civil legal aid (since this leaflet deals only with civil legal aid, where we refer to "legal aid" we mean "civil legal aid"). Legal aid is financial help from public funds. It helps people who qualify to get legal advice and the help of a solicitor to put their case in court.
There are many legal clinics or legal information centres you can contact to obtain legal information, educational resources or legal referrals. Alberta Central Alberta Community Legal Clinic (Red Deer) Centre for Public Legal Education Alberta Pro Bono Law Alberta Women's Centre Legal Advice Clinic (Calgary)
Legal Advocacy Essentials: a core training for legal advocates Presented by the Washington State Coalition Against Domestic Violence, 2008. This information is not intended as a substitute for legal advice. 1 Legal Advocacy Essentials . A core training for legal advocates . Table of Contents . What is a legal advocate?
the provision of legal advice, managing legal risk and managing the legal supply chain. By doing this well, the team will move towards its vision. Legal Services is made up of 4 teams, each serving different customers with a dedicated legal resource. This is summarised in the figure right. Although Legal Services has customerdistinct, -focussed .
If asking for legal advice, say so, and start new email chain If giving legal advice, say so Involve lawyers (before litigation contemplated) Maintain confidentiality of legal advice documents Limit dissemination of legal advice (need to know; original only) Make internal communications re legal advice factual
Solutions: AMC Prep for ACHS: Counting and Probability ACHS Math Competition Team 5 Jan 2009. Problem 1 What is the probability that a randomly drawn positive factor of 60 is less than 7? Problem 1 What is the probability that a randomly drawn positive factor of 60 is less than 7? The factors of 60 are 1,2,3,4,5,6,10,12,15,20,30, and 60. Six of the twelve factors are less than 7, so the .
