National Security Memorandum on Partial Revocation of Presidential Policy Directive 28

The White House

The DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY

THE ASSISTANT TO THE PRESIDENT FOR NATIONAL

SECURITY AFFAIRS

THE COUNSEL TO THE PRESIDENT

THE ASSISTANT TO THE PRESIDENT FOR ECONOMIC

POLICY AND DIRECTOR OF THE NATIONAL ECONOMIC

COUNCIL

THE ASSISTANT TO THE PRESIDENT AND HOMELAND

SECURITY ADVISOR AND DEPUTY NATIONAL SECURITY

ADVISOR

THE CHAIR OF THE COUNCIL OF ECONOMIC ADVISERS

THE DIRECTOR OF THE OFFICE OF SCIENCE AND

TECHNOLOGY POLICY

THE NATIONAL CYBER DIRECTOR

THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF

THE DIRECTOR OF THE NATIONAL SECURITY AGENCY

THE DIRECTOR OF THE FEDERAL BUREAU OF

INVESTIGATION

THE DIRECTOR OF THE NATIONAL COUNTERTERRORISM

CENTER

THE DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE

AND SECURITY CENTER

SUBJECT: Partial Revocation of Presidential Policy Directive 28

The Executive Order of October 7, 2022 (Enhancing Safeguards for United States Signals Intelligence Activities), establishes enhanced safeguards for United States signals intelligence activities that supersede the safeguards for personal information collected through signals intelligence established by Presidential Policy Directive 28 of January 17, 2014 (Signals Intelligence Activities) (PPD-28). The Executive Order establishes enhanced safeguards in recognition that signals intelligence activities must be conducted in a manner that takes into account that all persons should be treated with dignity and respect, regardless of their nationality or wherever they might reside, and that all persons have legitimate privacy interests in the handling of their personal information. In addition, signals intelligence activities present the potential for national security damage if improperly disclosed. Therefore, it is essential to maintain the policy process refined by section 3 of PPD-28 and supplemented by the classified annex to PPD-28, under which national security policymakers consider carefully the value of signals intelligence activities to our national interests and the risks entailed in conducting those activities.

Section1. Revocation. PPD-28 is hereby revoked except for sections 3 and 6 of that directive and the classified annex to that directive, which remain in effect.

Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

JOSEPH R. BIDEN JR.

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