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I.    INTRODUCTION 
A.  The  Policy  Context 
In  discharging   hi*   constitutional    responsibility    for   the   conduct 
of   foreign   relations    and    for   ensuring    the    security  of   the   United 
States,    the   President   may    find    it    necessary   that   activities 
conducted   in   support   of  national    foreign  policy  objectives   abroad 
be  planned  and   executed   so   that   the   role  of   the  United  States 
Government    is   not   apparent   or   acknowledged   publicly.      Such 
activities,    the    failure  or  exposure  of  which  may  entail  high 
costs,   must  be   conducted  only   after   the   President   reaches   an 
informed   judgment   regarding   their   utility   in  particular  circum- 
stances.     To   the  extent   possible,    they   should  be   conducted   only 
when  we  are  confident    that,    if   they  are   revealed,    the  American 
public  would   find   them   sensible. 
This  Directive...    sets    forth  revised  procedures   for  presidential 
approval   and   review,    through   the   National   Security  Council    (NSC? 
process,    of  all    'special  activities"   as  defined  by   section   3.4(h) 
of  Executive   Order  No.    12333    (December    4,    1981). 
These   procedures  are  designed,    inter   alia ,    (1)    to  ensure   that  all 
special   activities   conducted  by,    or   at   the  direction  of,    the 
United  States   are  consistent  with   national   defense   and   foreign 
policies  and  applicable    law;    (2)    to  provide   standards  ensuring 
the   secrecy  of   such  activities   even  when  the  results  become 
publicly  known  or  the   activities   themselves   are   the   subject  of 
unauthorized   disclosure;    and    (3)    to   implement   section   501   of   the 
national   Security  Act  of    1947,    as   amended    (SO  U.S.C.    413), 
concerning  notification  to  Congress  of  such  activities. 
B.  The   Role  of  the  Assistant   to  the  President   for  National 
Security  Affairs   and  the  National   Security  Council  Staff 
Within  the   framework  and   in  accordance  with  the  requirements  set 
forth  in  NSDD   266,   the   Assistant  to  the  President   for  National 
Security  Affairs   (the   "National   Security  Advisor")    shall   serve  as 
manager  of  the  NSC  process  and  as  principal   advisor  on  the 
President's   staff  with  respect   to  all  national   security  affairs, 
including  special  activities.      The  NSC  staff,   through  the  Execu- 
tive Secretary  of  the  NSC,    shall  assist  the  National  Security 
Advisor  in  discharging   these  responsibilities.     The  National 
Security  Advisor  and  the  NSC  staff  themselves  shall  not  undertake 
the  conduct  of  special  activities. 
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II.   APPROVAL  AND  REVIEW  OF  SPECIAL  ACTIVITIES 
A.   Preaidential  Finding*  and  Memoranda  of  Notification 
1.  Presidential   Findings 
In    all    casti,    special   activities  of   the   Central    Intelligence 
Agency    <CIA)    in    foreign   countriei   require,    under   the   terms   of 
section    662   of    the   Foreign  Assistance   Act   of   1961,    as   amended 
(22   U.S.C.    2422),    Findings   by   the  President   that   such  activities 
are   important   to   the   national    security  of  the  United  States. 
Presidential    Findings   shall   be  obtained  with   respect  to  all  CIA 
activities   abroad,    other   than   those   activities  that  are   intended 
solely   for  obtaining  necessary   intelligence  within   the  meaning  of 
section    662  of   the   Foreign  Assistance  Act  of   1961,    as  amended. 
No   special   activity  may  be  conducted  except  under   the  authority 
ofr    and   subsequent   to,    a   Finding  by  the  President   that   such 
activity   is   important  to   the   national   security  of  the  United 
States.      In  all  but  the   rarest  of  circumstances,    no  special 
activity  may  be  undertaken  prior  to  the  President's  having  signed 
a  written  Finding.      In  cases   in  which  the  President  determines 
that  time   is  of  the  essence  and  that  the  national   security 
requires   that  a   special  activity  be  undertaken  before  a  written. 
Finding  can  be  presented   for   signature,   and  that  oral  authoriza- 
tion therefore   is  required,    ...a  contemporaneous  record  of  the 
President's  authorization  shall  be  made  in  writing,   and...   a 
corresponding  Finding  shall  be   submitted   for  signature  by  the 
President  as  soon  as  possible,    but  in  no  event  ©ore  than  two 
working  days  thereafter.      No  Finding  may  retroactively  authorize 
or   sanction  a   special  activity. 
2.  Memoranda  of  Notification 
In   the  event  of  any  proposal   to  change  substantially  the  means  of 
implementation  of,   or  the   level   of  resources,   assets,   or  activity 
under,    a  Finding;   or  in  the  event  of  any  significant  change  in 
the  operational  conditions,   country  or  countries  significantly 
engaged,   or  risks  associated  with  a  special  activity,   a  written 
Memorandum  of  Notification   (MON)    shall  be  submitted  to  the 
President   for  his  approval.      All  actions  to  be  authorized  by 
means  of  an  HON  must  be   important  to  U.S.   national   security  as 
set   forth   in  a  previously-approved  Finding.     An  HON  also  shall  be 
submitted  to  the  President  for  his  approval   in  order  to  modify  a 
Finding  in   light  of  changed  circumstances  or  passage  of  time;  or 
to  cancel  a  Finding  because  the  special  activity  authorized  has 
been  completed  or  for  any  other  reason. 
The  procedures   for  approval  by.  the  President  of  an  HON  shall  be 
the  same  as  those  established  fey  this  Directive  for  approval  of  a 
Finding.
3.      Contents    and   Accompanying   Documents 
E*ch   Finding   and   HON   submitted   to    the    President    for   approval 
shall   b#    accompanied   by   or    include   a    statement    setting    forth, 
inttr  Alia,    the    following: 
(a)  the    policy   objectives    the    special    activity    is 
intended    to    serve    and    the    goals    to   be    achieved   thereby; 
(b)  the   actions   authorized,    resources   required,    and 
Executive  departments,    agencies,    and   entities  authorized    to    fund 
cr  otherwise   participate    significantly   in   the  conduct  of   such 
special   activity; 
(cJ      consistent  with   the  protection  of   intelligence 
sources   and  methods,    whether   it  is  anticipated   that  private 
individuals  or  organizations  will  be   instrumental   in  the   conduct 
cf  the   special   activity; 
(d)  consistent  with  the  protection  of  intelligence 
sources  and  methods,   whether   it  is  anticipated  that  a   foreign 
government  or  element   thereof  will  participate  significantly   in 
the   special  activity;    and 
(e)  an  assessment  of  the  risks  associated  with  the 
Activity. 
B.      NSC  Review  of  Proposals   for  Special  Activities 
Prior  to   its   submission  to  the  President,    each  proposed  Finding 
a_nd  MON   shall   be   reviewed  within  the  NSC  process  as  provided 
below.      The   results  of  such  review  shall   be   subaitted  to  the 
President  prior  to  his  determination  with  regard  to  each  proposed 
Finding  or  MON. 
1.      The  National  Security  Planning  Group 
Each  proposed  Finding  and  MON  shall  be  reviewed  by   the  National 
Security  Planning  Group    (NSPG) ,   a  committee  of  the  NSC...     The 
National   Security  Advisor  shall  be  responsible  for   the  agenda  and 
conduct  of  such  meetings,   at  the  President's  direction.      Unless 
exceptional  circumstances  dictate  otherwise,    the  National 
Security  Advisor   shall  circulate  the  agenda   for,   and  papers  to  be 
considered  at,   NSPG  meetings  four    (4)   days   in  advance  thereof. 
NSPG  members  shall   review  each  proposed  Finding  and  MON;   their 
comments,   recommendations,  and  dissents,    if  any,   shall  be 
provided  to  the  President  orally,   or  in  writing  through  the 
National  Security  Advisor.     The  National  Security  Advisor  shall 
transmit  all  proposed  Findings  and  MONs  to  the  President  through 
the  Chief  of  Staff  to  the  President.     Each  proposed  Finding  and 
MON  shall  be  coordinated,   in  advance  of  its   submission  to  the 
President,  by  the  NSC  Legal  Advisor  with  the  Counsel  to  the 
President.     Under  normal  circumstances,   the  NSPG  will  meet  to 
review  each  Finding  or  MON  prior  to  presidential  approval. 
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The   President   may,    however,    approve   «    rinding  or  HOW   on    the   basis 
of    th«   NSPG  members*    conwtnti   comaunicattd  other   than    in    a    formal 
NSPG   meeting.      The   National    Sacurity   Advisor   ihall    ensure    that   an 
appropriate   record   is   mada   of   tha    President's  consultations   with 
KSPC   members   howavar   conducted,    and    that   tha   President's    dacision 
is   committed   to  writing.      Tha   National    Security   Advisor    shall 
notify   all   NSPG  members    in  writing   of   tha   President *t   dacision 
with    regard   to   each   proposed    Finding   and  MON... 
C.      Periodic  NSC  Review  of   Special   Activities 
Sot    less  often   than  once   each  calendar  year,    tha  NSPG   shall 
review  each   special   activity,    and   recommend   to  the   President 
those   Findings   to  be   reaffirmed,    revised,   or  terminated.      Unless, 
within   thirty    C JO)    days    following   the   conclusion  of   such   review, 
the   President   approves   in  writing   the   continuation  of  a   Finding, 
or  otherwise  directs,    such  Finding  and   associated  MONs,    if   any, 
together  with   the  authority  to  undertake   special  activities 
thereunder,    shall  be  deemed  cancelled  upon  appropriate  notice   to 
the  DCI  or  head  of  such  other   Executive  department,    agency,   or 
entity   authorized  to  conduct  the   special  activity.      The   National 
Security  Advisor  shall  provide  a  written  report  of  the   results  of 
this   review  to  NSPG  members.      The  Oirector  of  the  Office   of 
Management  and  Budget   shall   ensure  that  the  President's   budget 
provides  resources  consistent  with  all   Findings  for  the 
congressional  budget  request. 
0.      Executive  Secretary  of   the  NSC 
The  Executive  Secretary  of   the  NSC  and   the  NSC  staff   shall   assist 
t.he  National   Security  Advisor  and  Deputy  National  Security 
Advisor  with   appropriate  preparations    for,    and   follow-up   to, 
all...    meetings  relating  to  special  activities.     Such  assistance 
shall   include  preparation  of  meeting  minutes  and  the  development 
and  dissemination  of  decision  and  other  documents.      The   Executive 
Secretary  of  the  NSC  shall  have  custody  of  record  copies  of 
Findings  and  MONs  as  approved  by  the  President.     The  DCI,    other 
members  of  the  NSPG  and  the  head  of  such  other  Executive 
department,    agency  or  entity  the  President  may  direct  to 
undertake  a   special  activity,    shall   be  provided  with  a  copy  of 
each  Finding  and  MON  as  signed  by  the  President,   together  with 
the  National   Security  Advisor's  memorandum  recording   the 
President's  decision. 
E.      Conduct  of  Special  Activities 
Absent  a  specific  presidential  decision,   as  provided   in   section 
1.9(e)    of  Executive  Order  12333,    that  another  Executive 
department,   agency  or  entity  is  more  likely  to  achieve  a 
particular  objective,  no  department,   agency  or  entity  other  than 
*h«  CIA  shall  be  responsible  as  lead  agency  for  the  conduct  of  a 
special  activity.     Private  individuals  and  organizations  used   in 
*he  conduct  of  special  activities  shall  be   subject   to  observation 
and  supervision,   as  appropriate   in  the   interests  of  proper
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operational  security  *nd   control,  in  accordance  vith  procedures 
established  for  such  purpose  by  the  CIA,  or  other  Executive 
department,  agancy,  or  entity. 
F.  Restricted  Consideration 
1.   Security 
The  National  Security  Advisor  shall  establish  a  separate, 
specially  compartmented  control  and  access  system  at  the  Top 
Secret  classification  level  for  all  policy  matters  concerning 
special  activities... 
G.  Congressional  Notification 
1.  The  Requirement  to  Notify  Congress 
Consistent  with  section  501  of  the  National  Security  Act  of  1947, 
as  amended  (50  U.S.C.  413),  and  unless  the  President  otherwise 
directs  in  writing  pursuant  to  his  constitutional  authorities  and 
duties,  Congress  shall,  be  notified  on  the  President's  behalf  of 
all  special  activities  in  accordance  with  this  Directive. 
2.  Contents  of  Notification 
In  all  cases,   notification  to  Congress  as  provided  herein  shall 
include  a  copy  of  the  Finding  or  associated  MON,    if  any,   as 
signed  by   the  President,    and   the  statement  described   in   section 
II. A. 3  hereof. 
3.  Prior  Notification 
Consistent  with  the  expectation  of  prior  notification   to 
Congress,    in   all  but  extraordinary  circumstances  as   specified 
herein,    the  DCI,   or  head  of  such  other  Executive  department, 
agency,   or  entity  authorized  to  conduct  a  special   activity,   shall 
notify  Congress,  on  the  President's  behalf,    through  the   Select 
Committee  on    Intelligence  of  the  Senate  and  the  Permanent  Select 
Committee  on   Intelligence  of  the  Rouse  of  Representatives 
(hereinafter  collectively  referred  to  as  the   "Intelligence 
Committees"),    prior  to   initiation  of  each  special  activity 
authorized  by  a  Pinding  and  associated  MOM,    if  any.      In 
extraordinary  circumstances  affecting  the  vital   interests  of  the 
United  States,   the  DCI,   or  head  of  such  other  Executive 
department,   agency,  or  entity  authorized  to  conduct  a  special 
activity,   shall  notify  Congress,  on  the  President's  behalf, 
through  the  Majority  and  Minority  teaders  of  the  Senate,    the 
Speaker  and  Minority  Leader  of  the  Rouse  of  Representatives,  and 
the  Chairman  and  Vice  Chairman  of  the  Senate  Select  Committee  on 
Intelligence,   and  the  Chairman  and  Ranking  Minority  Member  of  the 
Permanent  Select  Committee  on  Intelligence  of   the  House  of 
Representatives,  prior  to   initiation  of  a  special  activity 
authorized  by  a  Finding  and  associated  MON,    if  any.
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4.   Extraordinary  Circumstances 
If  the  President  determines  that  it  it  necessary,  in  order  to 
meet  rare,  extraordinary  circumstances ,  to  delay  notification 
until  after  the  initiation  of  a  special  activity,  the  DCI,  or 
head  of  such  other  Executive  department,  agency,  or  entity 
authorized  to  conduct  a  special  activity,  shall  delay 
notification  consistent  with  section  SOl(b)  at  the  direction  of 
the  President,   Unless  the  President  otherwise  directs,  not  later 
than  two  working  days  after  the  President  signs  a  Finding  or 
associated  MOH,  if  any,  the  Intelligence  Committees  shall  be 
notified  in  accordance  with  established  procedures.   In  all  such 
cases,  notification  shall  include  the  reasons  for  not  giving 
prior  notice  to  the  Intelligence  Committees.   In  the  event  the 
President  directs  that  notification  to  Congress  be  delayed  beyond 
two  working  days  after  presidential  authorization  of  a  special 
activity  a%   provided  herein,  the  grounds  for  such  delay  shall  be 
memorialized  in  writing  and  shall  be  re-evaluated  by  the  NSPG  not 
less  frequently  than  every  ten  (10)  days. 
III.   SPECIAL  ACTIVITIES  NOT  CONDUCTED  BY  THE  CIA 
If,  as  provided  in  section  1.8 (e)  of  Executive  Order  No,  12333, 
the  President  directs  that  an  Executive  department,  agency  or 
entity  other  than  the  CIA  conduct  a  special  activity,  the 
provisions  of  this  Directive' shall  apply  to  such  department, 
agency,  or  entity.   In  such  cases,  the  head  of  such  other 
Executive  department,  agency  or  entity  shall  fully  and  currently 
inform  the  DCI  of  all  aspects  of  the  special  activity,  and 
jointly  with  the  DCI  shall  notify  Congress  of  the  special 
activity,  in  accordance  with  the  DCI's  role  as  the  President's 
principal  advisor  on  intelligence  matters  as  set  forth  in 
NSDD  266.