Presidential Directive 19: Electronic Surveillance and Physical Searches Conducted by the Department of Defense Outside the United States for Foreign Intelligence Purposes [open pdf - 183KB]
Alternate Title: PD/NSC 19: Electronic Surveillance and Physical Searches Conducted by the Department of Defense Outside the United States for Foreign Intelligence Purposes
In this Directive, President Carter amends "Presidential Directive/NSC-19 to include a delegation of power to military judges to authorize electronic surveillance and physical searches directed United States persons who are outside the United States. The military judges included in this delegation are those who are authorized by 10 U.S.C. section 826 to preside at general court-martial and who are designated by the Secretary of Defense to exercise this delegation of power. The Secretary of Defense may designate only military judges who are located outside the United States. Military judges may exercise this power only through issuance of warrants and only with respect to persons who are subject to the Uniform Code of Military Justice. 10 U.S.C. section 802, articles 2(1)-(10). Warrants my be issued only on a finding of probable cause that the United States person is an agent of a foreign power and only when necessary to obtain significant foreign intelligence or counterintelligence. Physical searches may entail unconsented entry into real or personal property but shall use the minimum intrusion necessary to obtain information. This amendment also empowers military judges to approve surreptitious and continuous monitoring as defined in Executive Order 12036 under the same terms applicable to electronic surveillance."
PD/NSC 19; Presidential Directive 19
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