DEPARTMENT  OF  THE  AIR  FORCE 
Headquarter*  US  Air  Force 
Washington  DC  20330 
AF  REGULATION  1 24- 1 1 
8  October  1980 
Special  Investigations 
CONDUCTING  AIR  FORCE  COUNTERINTELLIGENCE  ACTIVITIES 
WITH  THE  FEDERAL  BUREAU  OF  INVESTIGATION  (FBI) 
This  regulation  includes  the  5  April  1979  agreement  between  the  Department  of  Defense  (DOD)  and  Attorney  General  of 
the  United  States  which  establishes  jurisdiction  and  operational  procedures  that  govern  conducting  counterintelligence 
activities  by  the  military  counterintelligence  services  in  the  United  States.  The  agreement,  attachment  1,  implements 
Executive  Order  12036,  Section  1-1 104,  and  supersedes  the  Delimitations  Agreement  of  1949,  as  amended.  This  regula- 
tion does  not  authorize  the  establishing  of  any  system  of  records' and  is  not  affected  by  the  Privacy  Act  of  1974  (5  U.S.C. 
552a). 
1.  Authority  for  Conducting  Counterintelligence  Ac- 
tivities. Executive  Order  12036,  24  January  1978,  United 
States  Intelligence  Activities,  Section  1-1104,  gives  the 
Secretary  of  Defense  the  authority  to  conduct  counterintel- 
ligence activities  outside  the  US  with  the  Central  Intelli- 
gence Agency,  and  inside  the  US  with  the  FBI  "pursuant 
to  procedures  agreed  on  by  the  Secretary  of  Defense  and 
the  Attorney  General." 
2.  DOD-Attorney  General  Formal  Agreement.  A  formal 
agreement,  entitled  "Agreement  Governing  the  Conduct  of 
Defense  Department  Counterintelligence  Activities  in 
Conjunction  with  the  Federal  Bureau  of  Investigation", 
has  been  established  (see  attachment  1).  This  agreement 
sets  procedures  for  carrying  out  DOD  counterintelligence 
activities  within  the  United  States. 
3.  Contents  of  the  DOD-Attorney  General  Agreement: 
a.  The  agreement: 
(1)  Tells  how  to  coordinate  military  counterintelli- 
gence activities  with  the  FBI. 
(2)  Identifies  the  DOD  agencies  authorized  to  conduct 
counterintelligence  activities. 
(3)  Allocates  responsibility  for  counterintelligence 
activities  between  the  designated  DOD  agencies  and  the 
FBI. 
b.  Procedures  that  tell  how  to  coordinate  DOD  coun- 
terintelligence operations  with  the  FBI  are  in  a  classified 
annex  to  the  agreement.  This  annex  is  not  included  in  this 
regulation  but  is  attached  to  the  proper  Air  Force  Office  of 
Special  Investigations  (AFOSI)  regulations. 
4.  Air  Force  Policy: 
a.  AFOSI  is  the  only  agency  within  the  Department  of 
the  Air  Force  authorized  to  conduct  counterintelligence  ac- 
tivities and  operations. 
b.  Conducting  all  Air  Force  counterintelligence  investi- 
gations and  operations  within  the  United  States  is  governed 
by  relevant  statutes,  Executive  Order  12036,  this  regula- 
tion, and  the  attached  agreement.  Also,  when  conducting 
counterintelligence  operations,  AFOSI  must  comply  with 
the  classified  annex  to  the  DOD-Attorney  General  agree- 
ment as  implemented  (see  paragraph  3b). 
c.  Air  Force  personnel  learning  of  any  matters  that  fall 
within  the  defimiion  of  "counterintelligence  investiga- 
tion" (see  attachment  1,  section  4B)  must  refer  this  infor- 
mation either  to  their  commander  or  directly  to  the  nearest 
AFOSI  representative  at  once  (see  AFR  205-57). 
BY  ORDER  OF  THE  SECRETARY  OF  THE  AIR  FORCE 
OFFICIAL 
VAN.  L.  CRAWFORD,  JR. 
Director  of  Administration 
Colonel,  USAF 
LEW  ALLEN,  JR. 
Chief  of  Staff 
General,  USAF 
1  Atch 
DOD-Attorney  General  Agreement 
SUMMARY  OF  CHANGES 
This  revision  explains  the  purpose  and  policies  of  the  DOD-Attorney  General  Agreement,  5  Apr  7.9,  which  supersedes  the 
Delimitations  Agreement  of  1949.  It  implements  EO  12036,  Section  1-1 104  and  sets  general  Air  Force  policies  that  regard 
conducing  counterintelligence  activities  and  operations  within  the  US. 
Supersedes  AFR  124-11,  20  October  1970.. 
No.  of  Printed  Pages:  4 
OPR:  HQ  AFOSI7XPM  (Capt  Fredrick  N.  Voigtraann) 
Approved  by:  HQ  AFOSI/XP  (Maj  William  G.  Goforth) 
Writer-Editor:  M.M.  Green 
Distribution:  F
2  AFR  124-11         Attachment  1 
DOD— ATTORNEY  GENERAL  AGREEMENT 
AGREEMENT  GOVERNING  THE  CONDUCT  OF  DEFENSE  DEPARTMENT  COUNTERINTELLIGENCE  AC- 
TIVITIES IN  CONJUNCTION  WITH  THE  FEDERAL  BUREAU  OF  INVESTIGATION 
SECTION  I 
PURPOSE: 
The  purpose  of  this  memorandum  is  to  establish  jurisdictional  boundaries  and  operational  procedures  to  govern  the 
conduct  of  counterintelligence  activities  by  the  military  counterintelligence  services  of  the  Department  of  Defense  in 
conjunction  with  the  Federal  Bureau  of  Investigation.  It  implements  Section  1-1104  of  Executive  Order  12036,  requiring 
procedures  to  govern  the  coordination  of  military  counterintelligence  activities  within  the  United  States;  and  supersedes  the 
Delimitations  Agreement  of  1949,  as  amended. 
SECTION  2 
DEFENSE  COMPONENTS  AUTHORIZED  TO  CONDUCT  COUNTERINTELLIGENCE  ACTIVITIES 
Within  the  Department  of  Defense,  each  of  the  military  departments  is  authorized  by  Executive  Order  12036  to 
conduct  counterintelligence  activities  within  the  United  States  in  coordination  with  the  FBI  and  abroad  in  coordination 
with  the  Central  Intelligence  Agency.  Within  the  military  departments,  the  United  States  Army  Intelligence  and  Security 
Command,  the  Naval  Investigative  Service,  and  the  Air  Force  Office  of  Special  Investigations,  are  authorized  by  depart- 
mental regulation  to  conduct  such  activities.  The  term  "military  counterintelligence  service"  or  "military  CI  service",  as 
used  herein,  refers  to  these  components. 
SECTION  3 
FEDERAL  BUREAU  OF  INVESTIGATION  COORDINATION  WITH  THE  DEPARTMENT  OF  DEFENSE 
A.  Policy  matters  affecting  Defense  counterintelligence  components  will  be  coordinated  with  the  Office  of  the  Under 
Secretary  of  Defense  for  Policy. 
B.  When  a  counterintelligence  activity  of  the  Federal  Bureau  of  Investigation  involves  military  or  civilian  personnel 
of  the  Department  of  Defense,  the  Federal  Bureau  of  Investigation  shall  coordinate  with  the  Department  of  Defense. 
(Section  1-1401  of  Executive  Order  12036).  For  military  and  civilian  personnel  of  a  military  department,  the  military  CI 
Service  has  coordination  authority  for  the  Department  of  Defense.  For  other  civilian  personnel  of  the  Department  of 
Defense,  coordination  shall  be  effected  with  the  Office  of  the  Under  Secretary  of  Defense  for  Policy. 
C.  It  is  contemplated  that  representatives  of  field  elements  of  the  FBI  and  military  counterintelligence  services  will 
maintain  close  personal  liaison,  and  will  meet  frequently  and  routinely  for  the  purpose  of  ensuring  close  cooperation  in 
carrying  out  their  counterintelligence  activities. 
SECTION  4 
DEFINITIONS 
For  the  purpose  of  this  memorandum,  the  following  definitions  shall  apply: 
A.  The  term  "coordination"  means  the  process  of  eliciting  objections  and  comments  prior  to  undertaking  a  proposed 
action.  As  used  here,  the  term  implies  that  no  such  action  will  be  taken  so  long  as  the  party  with  whom  the  action  in 
question  is  raised  continues  to  have  objections  which  cannot  be  resolved. 
B.  The  term  "counterintelligence  investigation"  is  included  in  the  term  "counterintelligence",  as  defined  in  Section 
4-202  of  Executive  Order  12036*  and  refers  to  the  systematic  collection  of  information  regarding  a  person  or  group  which 
is,  or  may  be,  engaged  in  espionage  or  other  clandestine  intelligence  activity,  sabotage,  international  terrorist  activities,  or 
assassinations,  conducted  for,  or  on  behalf  of,  foreign  powers,  organizations,  or  persons.
AFR  124-H         Attachment  1  3 
C.  The  term  ''counterintelligence  operations"  is  included  in  the  term  "counterintelligence",  as  defined  in  Section 
4-202  of  Executive  Order  12036.  and  refers  to  actions  taken  against  hostile  intelligence  services  to  counter  espionage  and 
other  clandestine  intelligence  activities  damaging  to  the  national  security. 
D.  The  term  "DOD  civilian  personnel"  includes  all  U.S.  citizen  officers  and  employees  of  the  Department  of  De- 
fense not  on  active  military  duty  and  all  foreign  nationals  employed  by  the  Department  of  Defense. 
E.  The  term  "security  service"  refers  to  that  entity  or  component  of  a  foreign  government  charged  with  responsibility 
for  counterespionage  or  internal  security  functions  of  such  government. 
F.  The  term  "United  States"  includes  the  50  States,  the  District  of  Columbia,  the  Commonwealth  of  Puerto  Rico, 
and  ail  territories,  possessions,  or  protectorates  under  U.S.  sovereignty  or  control;  but  does  not  include  occupied  territory 
governed  under  the  President's  authority  as  Commander-in-Chief. 
SECTION  5 
POLICY 
A.  The  responsibilities  of  each  military  counterintelligence  service  and  the  Federal  Bureau  of  Investigation  for  the 
conduct  of  counterintelligence  investigations  and  operations  shall  be  governed  by  relevant  statutes,  Executive  Order 
12036,  and  this  agreement. 
B.  Each  military  department  is  responsible  for  protecting  its  personnel  and  installations  from  physical  threats  and  for 
ensuring  that  its  programs  and  activities  which  involve  the  national  security  are  not  compromised  to  hostile  intelligence 
agencies. 
C.  Within  the  United  States,  the  Federal  Bureau  of  Investigation  conducts  counterintelligence  and  coordinates  the 
counterintelligence  activities  of  other  agencies. 
D.  Under  combat  conditions  or  other  circumstances  wherein  a  military  commander  is  assigned  responsibility  by  the 
President  for  U.S.  Government  operations  in  a  particular  geographic  area,  he  shall  have  the  authority  to  coordinate  all 
counterintelligence  activities  within  such  area,  notwithstanding  the  provisions  of  this  memorandum,  subject  to  such  direc- 
tion as  he  may  receive  from  the  Secretary  of  Defense. 
E.  The  military  CI  Services  and  the  Federal  Bureau  of  Investigation  are  mutually  responsible  to  ensure  that  there  is  a 
continuing  and  complete  exchange  of  all  counterintelligence  information  and  operational  data  relevant  to  the  particular 
concerns  of  each  operating  agency. 
F.  Policy  issues  arising  in  the  course  of  counterintelligence  activities  which  cannot  be  resolved  at  the  FBI/military  CI 
Service  local  or  headquarters  level,  shall  be  jointly  referred  to  the  Attorney  General  and  the  Secretary  of  Defense  for 
resolution,  or  referred  to  the  Special  Coordination  Committee  (Counterintelligence)  of  the  National  Security  Council  in 
accordance  with  SCC  guidelines. 
SECTION  6 
DELINEATION  OF  RESPONSIBILITY  FOR  COUNTERINTELLIGENCE  INVESTIGATIONS 
Responsibility  for  counterintelligence  investigations  shall  be  apportioned  between  the  Federal  Bureau  of  Investigation 
(FBI)  and  the  military  counterintelligence  services  of  the  Department  of  Defense  (DOD)  as  follows: 
A.  All  investigations  of  violations  of  the  Atomic  Energy  Act  of  1946,  which  might  constitute  a  counterintelligence 
investigation  as  defined  herein,  shall  be  the  responsibility  of  the  FBI,  regardless  of  the  status  or  location  of  the  subjects  of 
such  investigations. 
B.  Except  as  provided  by  paragraph  C(2)  herein,  all  counterintelligence  investigations  of  foreign  nationals  undertaken 
within  the  United  States  shall  be  the  responsibility  of  the  FBI. 
C.  Counterintelligence  investigations  within  the  United  States  shall  be  conducted  in  accordance  with  the  following 
jurisdictional  guidelines: 
1.  Except  as  provided  herein,  investigations  of  all  civilians,  including  DOD  civilian  personnel,  shall  be  the 
responsibility  of  the  FBI;
AFR  124-11         Attachment  I 
2    Investigations  of  U.S.  military  personnel  on  active  duty  shall  be  the  responsibility  of  the  counterintelligence 
service  of  the  appropriate  military  department; 
k.  ,h  3'  '"^r ' igations  of  retired  military  Personnel,  active  and  inactive  reservists,  and  National  Guard  members  shall 
oe  me  responsibility  of  the  FBI;  provided,  however,  that  investigations  of  actions  which  took  place  while  the  subject  of  the 
investigation  was.  or  is.  on  active  military  duty  shall  be  conducted  by  the  counterintelligence  service  of  the  appropriate 
military  department;  and.  v 
bilit    of  the  pQiStigati°nS  °f  private  conlractors  of  *e  Department  of  Defense,  and  their  employees,  shall  be  the  responsi- 
Provided.  however,  that  nothing  contained  in  this  paragraph  shall  prevent  the  military  counterintelligence  services  of  the 
Department  of  Defense,  tn  a  manner  consistent  with  applicable  law  and  Executive  Branch  policy,  from  undertaking: 
(a)  In  those  cases  where  the  FBI  chooses  to  waive  investigative  jurisdiction,  investigative  actions  which  are 
necessary  to  establish  or  refute  the  factual  basis  required  for  an  authorized  administrative  action,  to  protect  the  security  of 
its  personnel,  information,  activities,  and  installations;  or 
(b)  To  provide  assistance  to  the  FBI  in  support  of  any  counterintelligence  investigation  for  which  the  FBI  is 
herein  assigned  responsibility. 
D.  Counterintelligence  investigations  outside  the  United  States  shall  be  conducted  in  accordance  with  the  followine 
guidelines:  
1.  Investigations  of  military  personnel  on  active  duty  shall  be  the  responsibility  of  the  military  counterintelli- 
gence services  of  the  Department  of  Defense. 
2.  Investigations  of  current  civilian  employees,  their  dependents,  and  the  civilian  dependents  of  active  duty 
military  personnel  shall  be  the  responsibility  of  the  military  counterintelligence  services,  unless  such  responsibility  is 
otherwise  assigned  pursuant  to  agreement  with  the  host  government,  U.S.  law,  or  Executive  directive. 
3.  Investigations  of  retired  military  personnel,  active  and  inactive  reservists.  National  Guard  members  private 
contractors  and  their  employees,  and  other  U.S.  persons,  who  permanently  reside  in  such  locations,  shall  be  undertaken  in 
consultation  with  the  FBI,  CIA,  and  host  government  as  appropriate. 
Provided,  however,  that  nothing  contained  in  this  paragraph  shall  prevent  the  military  counterintelligence  services  of  the 
Department  of  Defense,  in  a  manner  consistent  with  applicable  law  and  Executive  Branch  policy  from  undertaking: 
(a)  Investigative  actions  which  are  necessary  to  establish  or  refute  the  factual  basis  required  for  an  au- 
thorized administrative  action,  to  protect  the  security  of  its  personnel,  information,  activities,  and  installations;  or 
(b)  To  provide  assistance  to  the  FBI  or  security  service  of  a  host  government  in  support  of  counterintelli- 
gence investigations  outside  the  United  States  for  which  DOD  is  not  herein  assigned  investigative  responsibility. 
SECTION  7 
COORDINATION  OF  COUNTERINTELLIGENCE  OPERATIONS 
(The  procedures  governing  the  coordination  of  counterintelligence  operations  within  the  United  States  by  the  military 
counterintelligence  services  with  the  FBI  are  contained  in  the  classified  annex  to  the  memorandum.) 
SECTION  8 
IMPLEMENTATION 
A.  The  policy  and  procedures  set  forth  herein  shall  be  implemented  in  the  regulations  of  the  affected  agencies. 
B.  The  provisions  of  this  memorandum,  and  the  classified  annex  made  a  part  hereof,  shall  be  effective  immediately 
upon  execution  by  the  Attorney  General  and  Secretary  of  Defense. 
'r  %  '  ~      '~  TOTIHe" 
ATTORNEY  GENERAL  OF  THE  UNITED  STATES        SECRETARY  orDEFiNSE 
1979 
Date:«^Cf7^  Date:  FEB  9