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ICD304

INTELLIGENCE COMMUNITY DIRECTIVE


NUMBER304

HUMAN INTELLIGENCE
6 MARC112008)
(EFFEGIWE:

A. AUTHORITY: The National Security Act of 1947, a< amended; Executive Order 12333.
~ ame.nded; National Securiry Council Directive 5, U.S. Espionage and Coucterintelligcncc
Activities Abroad, 17 February 1972; and otbcr applicable provisions of law.

B. PURPOSE:

I. This ln!CIIigence Colltlllunity Directive (lCD) arldresses clandestine and


oven human intelligence (HUMINT) collection obtained bclh inside and out.tide the United States
and estabbsbes the Dlfector of National lntclbgence (DNI} pobcy to inle!lllltc, prioritize. and
mWmiu the lntelligeoce Cummuoity'• (!C) HUMINT CUP"billties; to ensun: coordination and
dcconmction ofHUMlNT Wld eounterintclligence opaatioos llnd Bttivillcs ~ross the U.S.
Government (USG): to protoot.e tbe use of core common standards for those who engage in
Hill.UNT activities; and to enable gteater coUaboration across the USO to share services of
common concern whene•ter feasible.

2. This lCD delineates cbe roles and rupoosibilities of DNI, tbc National
FJUMTNT Manll8er (NRM). and <bose principal agencies or departmen<.<lhat conduct HUMTNT
activities.

3 Thi< lCD rescinds portions of Director of Central Intelligence Dire<:tive (OCID) 5/1 1,
Espionage and Councerincclllgence Activities Abroad, 19 December 1984; and rescinds DCID 3/Z,
Coordination of Overt Collection Abroad, 26 November 2001 .

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Provitioru. relating co foreign i:McUipcc hlli1on Md oounteri.ntcUitenoe te1tsain in effect IUlil $UptfSCded by 1 DNl
dinxU\IC.
C. APPLICABILITY:

1. This directive applies 10 !he Intelligence Community, as defined by the National


Security Act of 1947, as amended, and olher departments or agencies that Ularf be designated by the
Presiden~ or designated jointly by the DNI and the bead of the depanmcnt oragency concerned, as
an element of the !C; and to activities fuoded by the National Intelligence Prcgnun.

2. This directive also applies to o!her elements of the USG engag::d in the collection of
inreiJigence through: HUMINT activities, counterintelligence activities2• or at;tivitics that involve
the use of clandestine methods., to the extent permitted by and in accordance "'itb applicable
provisions of statute or executive order.

3. This lCD does not apply to purely law enforcement investigati>ns or activities.
When law enforcement investigation.~ or activities also in\•olve national intellgence or i.nteUigence
related to national security, this lCD shall apply if it is not othe.wise inconsistent with any
applicable Attorney General Guidelines, beadquaners·level federal law enfOP:erDent policy, or
wriucn interagency agreements.

D. POLICY:

'The ONl is committed to ensuring that HUMINT activities are executed in a prioritiz.ed,
coonhnatcd, lntegraced, and professional manner~ that USO elements engaged in the collection of
intelligence through HUMINT acuviues. counlcnnteWgence activities, or activities that involve the
use of clandestine mctbOO. :lie coonlinatcd and dcconflicted with IC HUMINT activities; !bat
HUMJNT praetitioners use cor-o c»mm011 standiUds; and that there is transp:oooey into HUMINT
suppon eupabflities to nllow all!C clements to benefit from tcchnlcal or o!hcr advances. Th<:
overall po1ley goal iloi to create a HUMINT cntc:rprise that is efficient, intcrop:rablc. provides
necessary operation3l~~ansparency, adequately proteCtS sources and methods from oomprornise. and
lw a workforce with common s.kills and coordinated objectives so lhat i[ cruJ re.copood to a greater
oumber of rcquin=mcnts.

I. National mJMTNT collcelion conducted by the K: shall be cortducted in accordance


with Presidential priorities described in !he National Intelligence Priorities Pmmeworlc (N!PF) aod
DNI policy directives or go•danoe.

2. The IC' s fruMlNT collection capability shall be integl'ated into the National
lntelligcnce Coordination Center structure to a.Uow for tbe stmtegic mao.agcment of coUection
capabilities"'"'"'" !be iotclligence, defense. foreign. aod dolllC5tic realms.

3. HUMINT operation$ and activities shall be guided by ::ore common


staodards and guidelines issued by the NHM, In colluboration with the bead> of IC dements and
ocher USG eotitie>. as appropriate.

:! For !he pW'pOIICa or thb lCD, ••cowuuiruclUgcn~ .cl.iyj~·· mc:~~n~. apcdficaJI)', ::ounterinlclligcnc.e
acrlvltlld lnvc.lvin& btrn\111'1 ~

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4. HUMTNT open1tions and activities: conducted by a me~bet of dle IC or
funded under the National Intelligence Program shall he coordinated and deoeoflicted under written
procedures developed by the NHM. in coordination with JC members.

5. Operations and activities conducted by other usa onti ies engaged in


activities that involve tbe use of clande&tine methods or engaged in the collec:-ion of intelligence
tbroogb HUMJNT or counterintelligence activities, should he coordinated and decon!licted pursuant
tO written procedures agreed upon by the NHM and the heads of deparuneots as appropriate,
containing USG entities engaged in such activities. Agreements at tbe cabinet level shall be
approved by the ONJ. The NHM sball keep the ONI fully and cUilOntly infooned of all other such
agreements. Existing interagency coordination and dcoonfliction agreements an:: hereby approved
by the ONIIIDd remain in effect until supcn;eded.'

6. Coordination and deconfliction of ac.ti••itie.~ referenced in secti>ns D.4 and 0.5 shall
be compcebensive and continuing and shall be handJed at the lowest pcac:ticatle level by the
affecced departments and agencies.

7. Coordination procedures developed under sections 0.4 tbroogl 0.6 shall he in


accordance with EO 12333. as amended, or suooeSS()r executive orders.

R Tntt:lliet:nr.r. nhtAiiWf fmm tr H1 TMTNT O(X'.rntion'> nr Ar.tiviti~ shall be


disseminated, pu:rsunnt to DNl policy. to the maximum extent possible, with due regard for the
proleetion of soun:c:s and methods.

9. JC element~ shall conduct services of eommo.n concern for HUMINT operations and
activities on beb.alf of lhe IC as designated by the NHM. in coordination with atrccled IC elements.

E. ROLES AND RF.SPONSIBILITIES:

I. Tbc Deputy 0Je<tor of National


Intelligence for and responsibilities of the ONI
with !<:Spec! to establishing objectiveo, guidance for national Hl'JMINT activities;
resolves confl.ias in collection requirements; evaluates the effectivenes..o; of the national HUMINT
enterprise; joindy with the NHM selects the Chair of the liUMINT CoruJllittee; provides direction
to the HUMTNT Committee; suppons H\JMINT policy development; and in coordination with the
DNJ/Cb.icC rlnancial Officer advises the DNI oo HUMINT resource allocaticns within the National
lnteUJgencc Program and the MiliWy Intelligence Program.

2, National HUMINT Manager. The Director, Cenuallr.telligence Agency is


the NHM with the respoosibi.lity to:

a. Manage the national HUMINT collccuon capabibty in acoordance with


Prosidendnl priorities and ONI guidMce.

.)Memonwdum or UOOc:run.:ndirag CCICIC:mUras o~~eti and llomet;lle A(:IIVItiC:S of lbc Cmtnlln&elligoeoce Agency IUid
tbc Federal Burent~ or lt!\""Cidgolion, J~£a:ie 200.1; Memoraoctum o( Agrecm:nt Bc:t\\'«ll tbc: Department of Defen~~e and
Ce:atralltllclligtnc::t Age11c:y (cnncernlna) ()pen;bonal Acuvibes,. July 2005, IIJld elll'r'l!nt A11~xes.

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b. Issue annually an integrated national HUMINT plan wilh associated
gools and performance objectives.

c. Ensure integration of national HUMlNT collectioc capabilihcs into the


National Intelligence Coordination Center.

d. Ensure the most effective use is made of resourc~ and appropriare


account is taken of lhe risks tO the U.S. and tO those involved in HUMINT ccUection operations and
activities.

e. Develop, promulgate, and oversee implementatioaof core common


standards for clandestine and overt HUMINT, including buman source validWon, training,
intelligc::oce collection requiremeots. evaluation. iolelligeoce reporting, sou~ descriplion lexicon,
cover support, and other HUMINT tradecraft practices.

f. Designate IC components. in coordination with afb:ted IC elements. to


manage services of common concern, including an interagency source regjstly, interagency
tecbnology registry, interageocy cover registry (forcign and domestic). and a lessoos lc:amcd
compilation.

g. De\·elop, promulgate, and oversee implementa.tion of procedures to


coordinate and decontlict HUMINT operations and activities conducted by IC elements or funded
by the National Intelligence Program, in accordance with the policy stated in section D.

b. Negotiate written agrocments with other USG entities engaged in


oolleclion activities that involve tbe use of clandestine method~ or that collo:1 intelligence lhrough
HUMINT or oounterintelljgence activities 10 enSW'C lhese operations and act.vities arc coordinated
and deconflicted with HUMINT operations and activities conducted by IC eiements. Agreemenu at
the cabinet level shall be approved by the DNI. The NHM shall keep the Dl'fl fully and ewreotly
informed of all other sucb agreements.

i. Coordinate with the federal Boreau oflnve;tigalit<J Md Central


Intelligence Agency to ensure counterintelligence operations or activities con.ducted inside and
ootside the U.S. ore aligned.

j. Estahll~h such commiuees., boards or olher mech.a•isms 10 facilitate


HUMlNr collaboration and integration a..o; the NHM determines necessary.

3. The Natiooal HUMINT Committee. The Committee assists the DNI and Nationa1
HUMINT Manager in fulfilling !belt HUMINT roles and responsibilities. The HUMINT
Com.mittee Chair is nominated by tbe NHM, and approved by tbc DNI or his designee. The
HUMINT Committee Chair report' to both the NHM and the DDNI!C. The Committee is
comprised of representatives from each IC element that conducts HUMJNT operations and
activities, the Unden;ecretacy of Defense·for Intelligence, and other USG departments and
organizations as authorized by dte HUMlNT Commiuee chaner.

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4 Central Intelligence Agency.

a. Collect.~. analyzes, produces. and disseminates foreign illtemgence and


counterintelligence, incloding infonnation obtained through clandestine meacs.

b. Cooducts HUMINT semces of common concern oo behalf of the IC m


accordance with section E.Z.f.

S. Federal Byreau of lnvcstigatjoo.

a. ColleclS. analyzes, produces. and dls..c;eminaxes foreign inlelligcnce and


counterintelligence information. including information obtained through clanJestinc means.

b. Conducts HUMINT services of common coocem on behaJ: of lbe IC in


accord1ioce with section E.2.f.

6. Dcru&amcnt of Defense.
a. Collects, analyzes, produoe.~. and d.is..~nates foreign intell.igeoce and
oountcrintclligcncc mformation. including infonnation obtained through clanJestine means.

b. Conduct> HID-liNT services of common concern on bebalf of the IC in


a.ccordanc::e wilh section E.2.f.

1. Other IC l!lemems with Authori!V to Execute National HU.MINT Activities. These


IC elcmc:niS shall;

a, Be responstble for execuung their HUM1NT activities tn accordance with this


lCD, And O<her nppli<llble ONll!lld NHM dm:cbves, pohcles. and gu1dance

b. Conduct HUM1NT ~ervic:e~ or Mmmon concern nn hehalr ()(!he TC in


accordru1Ce wilh section E.2J.

F. EFFECTIVE DATE: This !CD becomes ellective on lbe dm or si~ture.

Date

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ANNEX A--DEFINITIONS

l. Clandestine. Any HUMINT or other activity or operation spoa.sored or conducted by


governmental depan.ments or agencies with the intent to assure secrecy or coacealmcnt.

2. Counterintelligence. lnfonnalion gatbered and activities cood.....:red to identify,


deceive, exploit, interdict. disrupt. or prolocl against espionage, other intelligence activities,
sabotage, or assassinations conducted for or on bchall of foreign powers, foreign organizations or
persons, or international terrorist organizations or acti\•ities.

3. Foreicn lntelli,ence. lnfonnation relating to the capabilities, Utentions, and


activities of foreign governments or elements thereof, foreign organizations. •r foreign persons, or
international turorist activities. (NSA § 3(2))

4. Human Intelligence !HUM!N'D. A category of intelligence derived from


iofonnation collected and provided by human sources. (lCD I)

S. Intelligence Community. Includes tbe following: lhe Office of the ONJ: the Central
Intelligence Agency; the National Security Agency; lhe Defense Intelligence Agency; lhe National
Geospatial-lntelligeoce Agency; the National Recoonaissaoce Office: olher offices wilhin lhe
Department of Defense for the eoU«tion of spccial.i::tcd national intclligcnu ..hrough reconnaissance
programs; tbe intelligeoce elements of the Army, the Na>·y, tho Air r...,n:e, the Marine Corps. the
Federal Bureau of Investigation. the Drug Enforcement Administration, and the Department of
Energy; the Bureau of Intelligence and Research of lhe Depanment of State; lhe Office of Intelligence
and Analysis of the Depanmcnt of the Treasury; elements of the Depanment of Homeland Secutity
concerned wilh tho analysis of intelligence information, including the Office of lntolligeoce of the
Coast Guard; such other clements of any other dopanment or agency as may be designated by the
Pre<ident, or designated jointly by the Director of National lnteUigencc and f-.: bead of the department
or agency concerned, as an element of the Intelligence Community. (NSA § 3 (4))

6. National Intelligence and Intelligence Related to National Security. RefeB to a11


intelligence, regardless of the source from which derived and including information gathered within
or outside the U.S., that pertains, as determined consistent witb any guidance issued by dle
Presiden~ tO more than one U.S. Government ageocy; aod that involves threw to the U.S., its
people, property, or interests; the developroent. proliferation, or use of weapons of mass destruction;
or any olher matter bearing on U.S. national or homeland security. (NSA § 3(5))

7. National Intelligence Program (NIP). All programs, projects and activities oflhe !C,
as well as any other programs of tho IC designated jointly by the DNI aod the head of a U.S.
department or agency or by the President. It does oot include programs, proj:cts or activities of the
military departtnet\ts to acquire intelligence wlely for lhe planning and condu<..1 of Utctical military
operations by U.S. armed forces. (NSA § 3(6))

8. Qwl. Activities !hal are openly acknowledged by or are readily attributable to the
t: .S. Government, and include activities designed to acquire information through legal and open
means wilhout cooceatment. Information may be collected by observation, dicitation.. or from
knowledgeable human sources.

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