[Executive Orders]
FAS Note: Executive Order 12333 was amended on January 23, 2003 by Executive Order 13284, on August 27, 2004 by Executive Order 13355, and further amended on July 30, 2008 by Executive Order 13470. The resulting text of Executive Order 12333, following the 2008 amendment, is available here (pdf).
UNITED STATES INTELLIGENCE ACTIVITIES
EO 12333
4 December 1981
TABLE OF CONTENTS
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Preamble
Part 1. Goals, Direction, Duties,
and Responsibilities With
Respect to the National
Intelligence Effort
Sec.
1.1 Goals
1.2 The National Security Council
1.3 National Foreign Intelligence
Advisory Groups
1.4 The Intelligence Community
1.5 Director of Central Intelligence
1.6 Duties and Responsibilities of
the Heads of Executive Branch
Departments and Agencies
1.7 Senior Officials of the
Intelligence Community
1.8 The Central Intelligence Agency
1.9 The Department of State
1.10 The Department of the Treasury
1.11 The Department of Defense
1.12 Intelligence Components Utilized
by the Secretary of Defense
1.13 The Department of Energy
1.14 The Federal Bureau of
Investigation
Part 2. Conduct of Intelligence
Activities
2.1 Need
2.2 Purpose
2.3 Collection of Information
2.4 Collection Techniques
2.5 Attorney General Approval
2.6 Assistance to Law Enforcement
Authorities
2.7 Contracting
2.8 Consistency With Other Laws
2.9 Undisclosed Participation in
Organizations Within the United
States
2.10 Human Experimentation
2.11 Prohibition on Assassination
2.12 Indirect Participation
Part 3. General Provisions
3.1 Congressional Oversight
3.2 Implementation
3.3 Procedures
3.4 Definitions
3.5 Purpose and Effect
3.6 Revocation
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Timely and accurate information about the activities,
capabilities, plans, and intentions of foreign powers,
organizations, and persons, and their agents, is essential to the
national security of the United States. All reasonable and lawful
means must be used to ensure that the United States will receive
the best intelligence available. For that purpose, by virtue of
the authority vested in me by the Constitution and statutes of the
United States of America, including the National Security Act of
1947, as amended (see Short Title note above), and as President of
the United States of America, in order to provide for the effective
conduct of United States intelligence activities and the protection
of constitutional rights, it is hereby ordered as follows:
PART 1 - GOALS, DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT
TO THE NATIONAL INTELLIGENCE EFFORT
1.1 GOALS
The United States intelligence effort shall provide the President
and the National Security Council with the necessary information on
which to base decisions concerning the conduct and development of
foreign, defense and economic policy, and the protection of United
States national interests from foreign security threats. All
departments and agencies shall cooperate fully to fulfill this
goal.
(a) Maximum emphasis should be given to fostering analytical
competition among appropriate elements of the Intelligence
Community.
(b) All means, consistent with applicable United States law and
this Order, and with full consideration of the rights of United
States persons, shall be used to develop intelligence information
for the President and the National Security Council. A balanced
approach between technical collection efforts and other means
should be maintained and encouraged.
(c) Special emphasis should be given to detecting and countering
espionage and other threats and activities directed by foreign
intelligence services against the United States Government, or
United States corporations, establishments, or persons.
(d) To the greatest extent possible consistent with applicable
United States law and this Order, and with full consideration of
the rights of United States persons, all agencies and departments
should seek to ensure full and free exchange of information in
order to derive maximum benefit from the United States intelligence
effort.
1.2 THE NATIONAL SECURITY COUNCIL
(a) Purpose. The National Security Council (NSC) was established
by the National Security Act of 1947 (see Short Title note above)
to advise the President with respect to the integration of
domestic, foreign and military policies relating to the national
security. The NSC shall act as the highest Executive Branch entity
that provides review of, guidance for and direction to the conduct
of all national foreign intelligence, counterintelligence, and
special activities, and attendant policies and programs.
(b) Committees. The NSC shall establish such committees as may be
necessary to carry out its functions and responsibilities under
this Order. The NSC, or a committee established by it, shall
consider and submit to the President a policy recommendation,
including all dissents, on each special activity and shall review
proposals for other sensitive intelligence operations.
1.3 NATIONAL FOREIGN INTELLIGENCE ADVISORY GROUPS
(a) Establishment and Duties. The Director of Central
Intelligence shall establish such boards, councils, or groups as
required for the purpose of obtaining advice from within the
Intelligence Community concerning:
(1) Production, review and coordination of national foreign
intelligence;
(2) Priorities for the National Foreign Intelligence Program
budget;
(3) Interagency exchanges of foreign intelligence information;
(4) Arrangements with foreign governments on intelligence
matters;
(5) Protection of intelligence sources and methods;
(6) Activities of common concern; and
(7) Such other matters as may be referred by the Director of
Central Intelligence.
(b) Membership. Advisory groups established pursuant to this
section shall be chaired by the Director of Central Intelligence or
his designated representative and shall consist of senior
representatives from organizations within the Intelligence
Community and from departments or agencies containing such
organizations, as designated by the Director of Central
Intelligence. Groups for consideration of substantive intelligence
matters will include representatives of organizations involved in
the collection, processing and analysis of intelligence. A senior
representative of the Secretary of Commerce, the Attorney General,
the Assistant to the President for National Security Affairs, and
the Office of the Secretary of Defense shall be invited to
participate in any group which deals with other than substantive
intelligence matters.
1.4 THE INTELLIGENCE COMMUNITY
The agencies within the Intelligence Community shall, in
accordance with applicable United States law and with the other
provisions of this Order, conduct intelligence activities necessary
for the conduct of foreign relations and the protection of the
national security of the United States, including:
(a) Collection of information needed by the President, the
National Security Council, the Secretaries of State and Defense,
and other Executive Branch officials for the performance of their
duties and responsibilities;
(b) Production and dissemination of intelligence;
(c) Collection of information concerning, and the conduct of
activities to protect against, intelligence activities directed
against the United States, international terrorist and
international narcotics activities, and other hostile activities
directed against the United States by foreign powers,
organizations, persons, and their agents;
(d) Special activities;
(e) Administrative and support activities within the United
States and abroad necessary for the performance of authorized
activities; and
(f) Such other intelligence activities as the President may
direct from time to time.
1.5 DIRECTOR OF CENTRAL INTELLIGENCE
In order to discharge the duties and responsibilities prescribed
by law, the Director of Central Intelligence shall be responsible
directly to the President and the NSC and shall:
(a) Act as the primary adviser to the President and the NSC on
national foreign intelligence and provide the President and other
officials in the Executive Branch with national foreign
intelligence;
(b) Develop such objectives and guidance for the Intelligence
Community as will enhance capabilities for responding to expected
future needs for national foreign intelligence;
(c) Promote the development and maintenance of services of common
concern by designated intelligence organizations on behalf of the
Intelligence Community;
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence and
counterintelligence arrangements with foreign governments,
coordinate foreign intelligence and counterintelligence
relationships between agencies of the Intelligence Community and
the intelligence or internal security services of foreign
governments, and establish procedures governing the conduct of
liaison by any department or agency with such services on narcotics
activities;
(f) Participate in the development of procedures approved by the
Attorney General governing criminal narcotics intelligence
activities abroad to ensure that these activities are consistent
with foreign intelligence programs;
(g) Ensure the establishment by the Intelligence Community of
common security and access standards for managing and handling
foreign intelligence systems, information, and products;
(h) Ensure that programs are developed which protect intelligence
sources, methods, and analytical procedures;
(i) Establish uniform criteria for the determination of relative
priorities for the transmission of critical national foreign
intelligence, and advise the Secretary of Defense concerning the
communications requirements of the Intelligence Community for the
transmission of such intelligence;
(j) Establish appropriate staffs, committees, or other advisory
groups to assist in the execution of the Director's
responsibilities;
(k) Have full responsibility for production and dissemination of
national foreign intelligence, and authority to levy analytic tasks
on departmental intelligence production organizations, in
consultation with those organizations, ensuring that appropriate
mechanisms for competitive analysis are developed so that diverse
points of view are considered fully and differences of judgment
within the Intelligence Community are brought to the attention of
national policymakers;
(l) Ensure the timely exploitation and dissemination of data
gathered by national foreign intelligence collection means, and
ensure that the resulting intelligence is disseminated immediately
to appropriate government entities and military commands;
(m) Establish mechanisms which translate national foreign
intelligence objectives and priorities approved by the NSC into
specific guidance for the Intelligence Community, resolve conflicts
in tasking priority, provide to departments and agencies having
information collection capabilities that are not part of the
National Foreign Intelligence Program advisory tasking concerning
collection of national foreign intelligence, and provide for the
development of plans and arrangements for transfer of required
collection tasking authority to the Secretary of Defense when
directed by the President;
(n) Develop, with the advice of the program managers and
departments and agencies concerned, the consolidated National
Foreign Intelligence Program budget, and present it to the
President and the Congress;
(o) Review and approve all requests for reprogramming National
Foreign Intelligence Program funds, in accordance with guidelines
established by the Office of Management and Budget;
(p) Monitor National Foreign Intelligence Program implementation,
and, as necessary, conduct program and performance audits and
evaluations;
(q) Together with the Secretary of Defense, ensure that there is
no unnecessary overlap between national foreign intelligence
programs and Department of Defense intelligence programs consistent
with the requirement to develop competitive analysis, and provide
to and obtain from the Secretary of Defense all information
necessary for this purpose;
(r) In accordance with law and relevant procedures approved by
the Attorney General under this Order, give the heads of the
departments and agencies access to all intelligence, developed by
the CIA or the staff elements of the Director of Central
Intelligence, relevant to the national intelligence needs of the
departments and agencies; and
(s) Facilitate the use of national foreign intelligence products
by Congress in a secure manner.
1.6 DUTIES AND RESPONSIBILITIES OF THE HEADS OF EXECUTIVE BRANCH
DEPARTMENTS AND AGENCIES
(a) The heads of all Executive Branch departments and agencies
shall, in accordance with law and relevant procedures approved by
the Attorney General under this Order, give the Director of Central
Intelligence access to all information relevant to the national
intelligence needs of the United States, and shall give due
consideration to the requests from the Director of Central
Intelligence for appropriate support for Intelligence Community
activities.
(b) The heads of departments and agencies involved in the
National Foreign Intelligence Program shall ensure timely
development and submission to the Director of Central Intelligence
by the program managers and heads of component activities of
proposed national programs and budgets in the format designated by
the Director of Central Intelligence, and shall also ensure that
the Director of Central Intelligence is provided, in a timely and
responsive manner, all information necessary to perform the
Director's program and budget responsibilities.
(c) The heads of departments and agencies involved in the
National Foreign Intelligence Program may appeal to the President
decisions by the Director of Central Intelligence on budget or
reprogramming matters of the National Foreign Intelligence Program.
1.7 SENIOR OFFICIALS OF THE INTELLIGENCE COMMUNITY
The heads of departments and agencies with organizations in the
Intelligence Community or the heads of such organizations, as
appropriate, shall:
(a) Report to the Attorney General possible violations of federal
criminal laws by employees and of specified federal criminal laws
by any other person as provided in procedures agreed upon by the
Attorney General and the head of the department or agency
concerned, in a manner consistent with the protection of
intelligence sources and methods, as specified in those procedures;
(b) In any case involving serious or continuing breaches of
security, recommend to the Attorney General that the case be
referred to the FBI for further investigation;
(c) Furnish the Director of Central Intelligence and the NSC, in
accordance with applicable law and procedures approved by the
Attorney General under this Order, the information required for the
performance of their respective duties;
(d) Report to the Intelligence Oversight Board, and keep the
Director of Central Intelligence appropriately informed, concerning
any intelligence activities of their organizations that they have
reason to believe may be unlawful or contrary to Executive order or
Presidential directive;
(e) Protect intelligence and intelligence sources and methods
from unauthorized disclosure consistent with guidance from the
Director of Central Intelligence;
(f) Disseminate intelligence to cooperating foreign governments
under arrangements established or agreed to by the Director of
Central Intelligence;
(g) Participate in the development of procedures approved by the
Attorney General governing production and dissemination of
intelligence resulting from criminal narcotics intelligence
activities abroad if their departments, agencies, or organizations
have intelligence responsibilities for foreign or domestic
narcotics production and trafficking;
(h) Instruct their employees to cooperate fully with the
Intelligence Oversight Board; and
(i) Ensure that the Inspectors General and General Counsels for
their organizations have access to any information necessary to
perform their duties assigned by this Order.
1.8 THE CENTRAL INTELLIGENCE AGENCY
All duties and responsibilities of the CIA shall be related to
the intelligence functions set out below. As authorized by this
Order; the National Security Act of 1947, as amended (see Short
Title note above); the CIA Act of 1949, as amended (see Short Title
of 1949 Amendment note above); appropriate directives or other
applicable law, the CIA shall:
(a) Collect, produce and disseminate foreign intelligence and
counterintelligence, including information not otherwise
obtainable. The collection of foreign intelligence or
counterintelligence within the United States shall be coordinated
with the FBI as required by procedures agreed upon by the Director
of Central Intelligence and the Attorney General;
(b) Collect, produce and disseminate intelligence on foreign
aspects of narcotics production and trafficking;
(c) Conduct counterintelligence activities outside the United
States and, without assuming or performing any internal security
functions, conduct counterintelligence activities within the United
States in coordination with the FBI as required by procedures
agreed upon (by) the Director of Central Intelligence and the
Attorney General;
(d) Coordinate counterintelligence activities and the collection
of information not otherwise obtainable when conducted outside the
United States by other departments and agencies;
(e) Conduct special activities approved by the President. No
agency except the CIA (or the Armed Forces of the United States in
time of war declared by Congress or during any period covered by a
report from the President to the Congress under the War Powers
Resolution (87 Stat. 855) (50 U.S.C. 1541 et seq.)) may conduct any
special activity unless the President determines that another
agency is more likely to achieve a particular objective;
(f) Conduct services of common concern for the Intelligence
Community as directed by the NSC;
(g) Carry out or contract for research, development and
procurement of technical systems and devices relating to authorized
functions;
(h) Protect the security of its installations, activities,
information, property, and employees by appropriate means,
including such investigations of applicants, employees,
contractors, and other persons with similar associations with the
CIA as are necessary; and
(i) Conduct such administrative and technical support activities
within and outside the United States as are necessary to perform
the functions described in sections (a) and (sic) through (h)
above, including procurement and essential cover and proprietary
arrangements.
1.9 THE DEPARTMENT OF STATE
The Secretary of State shall:
(a) Overtly collect information relevant to United States foreign
policy concerns;
(b) Produce and disseminate foreign intelligence relating to
United States foreign policy as required for the execution of the
Secretary's responsibilities;
(c) Disseminate, as appropriate, reports received from United
States diplomatic and consular posts;
(d) Transmit reporting requirements of the Intelligence Community
to the Chiefs of United States Missions abroad; and
(e) Support Chiefs of Missions in discharging their statutory
responsibilities for direction and coordination of mission
activities.
1.10 THE DEPARTMENT OF THE TREASURY
The Secretary of the Treasury shall:
(a) Overtly collect foreign financial and monetary information;
(b) Participate with the Department of State in the overt
collection of general foreign economic information;
(c) Produce and disseminate foreign intelligence relating to
United States economic policy as required for the execution of the
Secretary's responsibilities; and
(d) Conduct, through the United States Secret Service, activities
to determine the existence and capability of surveillance equipment
being used against the President of the United States, the
Executive Office of the President, and, as authorized by the
Secretary of the Treasury or the President, other Secret Service
protectees and United States officials. No information shall be
acquired intentionally through such activities except to protect
against such surveillance, and those activities shall be conducted
pursuant to procedures agreed upon by the Secretary of the Treasury
and the Attorney General.
1.11 THE DEPARTMENT OF DEFENSE
The Secretary of Defense shall:
(a) Collect national foreign intelligence and be responsive to
collection tasking by the Director of Central Intelligence;
(b) Collect, produce and disseminate military and
military-related foreign intelligence and counterintelligence as
required for execution of the Secretary's responsibilities;
(c) Conduct programs and missions necessary to fulfill national,
departmental and tactical foreign intelligence requirements;
(d) Conduct counterintelligence activities in support of
Department of Defense components outside the United States in
coordination with the CIA, and within the United States in
coordination with the FBI pursuant to procedures agreed upon by the
Secretary of Defense and the Attorney General;
(e) Conduct, as the executive agent of the United States
Government, signals intelligence and communications security
activities, except as otherwise directed by the NSC;
(f) Provide for the timely transmission of critical intelligence,
as defined by the Director of Central Intelligence, within the
United States Government;
(g) Carry out or contract for research, development and
procurement of technical systems and devices relating to authorized
intelligence functions;
(h) Protect the security of Department of Defense installations,
activities, property, information, and employees by appropriate
means, including such investigations of applicants, employees,
contractors, and other persons with similar associations with the
Department of Defense as are necessary;
(i) Establish and maintain military intelligence relationships
and military intelligence exchange programs with selected
cooperative foreign defense establishments and international
organizations, and ensure that such relationships and programs are
in accordance with policies formulated by the Director of Central
Intelligence;
(j) Direct, operate, control and provide fiscal management for
the National Security Agency and for defense and military
intelligence and national reconnaissance entities; and
(k) Conduct such administrative and technical support activities
within and outside the United States as are necessary to perform
the functions described in sections (a) through (j) above.
1.12 INTELLIGENCE COMPONENTS UTILIZED BY THE SECRETARY OF DEFENSE
In carrying out the responsibilities assigned in section 1.11,
the Secretary of Defense is authorized to utilize the following:
(a) Defense Intelligence Agency, whose responsibilities shall
include:
(1) Collection, production, or, through tasking and coordination,
provision of military and military-related intelligence for the
Secretary of Defense, the Joint Chiefs of Staff, other Defense
components, and, as appropriate, non-Defense agencies;
(2) Collection and provision of military intelligence for
national foreign intelligence and counterintelligence products;
(3) Coordination of all Department of Defense intelligence
collection requirements;
(4) Management of the Defense Attache system; and
(5) Provision of foreign intelligence and counterintelligence
staff support as directed by the Joint Chiefs of Staff.
(b) National Security Agency, whose responsibilities shall
include:
(1) Establishment and operation of an effective unified
organization for signals intelligence activities, except for the
delegation of operational control over certain operations that are
conducted through other elements of the Intelligence Community. No
other department or agency may engage in signals intelligence
activities except pursuant to a delegation by the Secretary of
Defense;
(2) Control of signals intelligence collection and processing
activities, including assignment of resources to an appropriate
agent for such periods and tasks as required for the direct support
of military commanders;
(3) Collection of signals intelligence information for national
foreign intelligence purposes in accordance with guidance from the
Director of Central Intelligence;
(4) Processing of signals intelligence data for national foreign
intelligence purposes in accordance with guidance from the Director
of Central Intelligence;
(5) Dissemination of signals intelligence information for
national foreign intelligence purposes to authorized elements of
the Government, including the military services, in accordance with
guidance from the Director of Central Intelligence;
(6) Collection, processing and dissemination of signals
intelligence information for counterintelligence purposes;
(7) Provision of signals intelligence support for the conduct of
military operations in accordance with tasking, priorities, and
standards of timeliness assigned by the Secretary of Defense. If
provision of such support requires use of national collection
systems, these systems will be tasked within existing guidance from
the Director of Central Intelligence;
(8) Executing the responsibilities of the Secretary of Defense as
executive agent for the communications security of the United
States Government;
(9) Conduct of research and development to meet the needs of the
United States for signals intelligence and communications security;
(10) Protection of the security of its installations, activities,
property, information, and employees by appropriate means,
including such investigations of applicants, employees,
contractors, and other persons with similar associations with the
NSA as are necessary;
(11) Prescribing, within its field of authorized operations,
security regulations covering operating practices, including the
transmission, handling and distribution of signals intelligence and
communications security material within and among the elements
under control of the Director of the NSA, and exercising the
necessary supervisory control to ensure compliance with the
regulations;
(12) Conduct of foreign cryptologic liaison relationships, with
liaison for intelligence purposes conducted in accordance with
policies formulated by the Director of Central Intelligence; and
(13) Conduct of such administrative and technical support
activities within and outside the United States as are necessary to
perform the functions described in sections (1) through (12) above,
including procurement.
(c) Offices for the collection of specialized intelligence
through reconnaissance programs, whose responsibilities shall
include:
(1) Carrying out consolidated reconnaissance programs for
specialized intelligence;
(2) Responding to tasking in accordance with procedures
established by the Director of Central Intelligence; and
(3) Delegating authority to the various departments and agencies
for research, development, procurement, and operation of designated
means of collection.
(d) The foreign intelligence and counterintelligence elements of
the Army, Navy, Air Force, and Marine Corps, whose responsibilities
shall include:
(1) Collection, production and dissemination of military and
military-related foreign intelligence and counterintelligence, and
information on the foreign aspects of narcotics production and
trafficking. When collection is conducted in response to national
foreign intelligence requirements, it will be conducted in
accordance with guidance from the Director of Central Intelligence.
Collection of national foreign intelligence, not otherwise
obtainable, outside the United States shall be coordinated with the
CIA, and such collection within the United States shall be
coordinated with the FBI;
(2) Conduct of counterintelligence activities outside the United
States in coordination with the CIA, and within the United States
in coordination with the FBI; and
(3) Monitoring of the development, procurement and management of
tactical intelligence systems and equipment and conducting related
research, development, and test and evaluation activities.
(e) Other offices within the Department of Defense appropriate
for conduct of the intelligence missions and responsibilities
assigned to the Secretary of Defense. If such other offices are
used for intelligence purposes, the provisions of Part 2 of this
Order shall apply to those offices when used for those purposes.
1.13 THE DEPARTMENT OF ENERGY
The Secretary of Energy shall:
(a) Participate with the Department of State in overtly
collecting information with respect to foreign energy matters;
(b) Produce and disseminate foreign intelligence necessary for
the Secretary's responsibilities;
(c) Participate in formulating intelligence collection and
analysis requirements where the special expert capability of the
Department can contribute; and
(d) Provide expert technical, analytical and research capability
to other agencies within the Intelligence Community.
1.14 THE FEDERAL BUREAU OF INVESTIGATION
Under the supervision of the Attorney General and pursuant to
such regulations as the Attorney General may establish, the
Director of the FBI shall:
(a) Within the United States conduct counterintelligence and
coordinate counterintelligence activities of other agencies within
the Intelligence Community. When a counterintelligence activity of
the FBI involves military or civilian personnel of the Department
of Defense, the FBI shall coordinate with the Department of
Defense;
(b) Conduct counterintelligence activities outside the United
States in coordination with the CIA as required by procedures
agreed upon by the Director of Central Intelligence and the
Attorney General;
(c) Conduct within the United States, when requested by officials
of the Intelligence Community designated by the President,
activities undertaken to collect foreign intelligence or support
foreign intelligence collection requirements of other agencies
within the Intelligence Community, or, when requested by the
Director of the National Security Agency, to support the
communications security activities of the United States Government;
(d) Produce and disseminate foreign intelligence and
counterintelligence; and
(e) Carry out or contract for research, development and
procurement of technical systems and devices relating to the
functions authorized above.
PART 2 - CONDUCT OF INTELLIGENCE ACTIVITIES
2.1 NEED
Accurate and timely information about the capabilities,
intentions and activities of foreign powers, organizations, or
persons and their agents is essential to informed decisionmaking in
the areas of national defense and foreign relations. Collection of
such information is a priority objective and will be pursued in a
vigorous, innovative and responsible manner that is consistent with
the Constitution and applicable law and respectful of the
principles upon which the United States was founded.
2.2 PURPOSE
This Order is intended to enhance human and technical collection
techniques, especially those undertaken abroad, and the acquisition
of significant foreign intelligence, as well as the detection and
countering of international terrorist activities and espionage
conducted by foreign powers. Set forth below are certain general
principles that, in addition to and consistent with applicable
laws, are intended to achieve the proper balance between the
acquisition of essential information and protection of individual
interests. Nothing in this Order shall be construed to apply to or
interfere with any authorized civil or criminal law enforcement
responsibility of any department or agency.
2.3 COLLECTION OF INFORMATION
Agencies within the Intelligence Community are authorized to
collect, retain or disseminate information concerning United States
persons only in accordance with procedures established by the head
of the agency concerned and approved by the Attorney General,
consistent with the authorities provided by Part 1 of this Order.
Those procedures shall permit collection, retention and
dissemination of the following types of information:
(a) Information that is publicly available or collected with the
consent of the person concerned;
(b) Information constituting foreign intelligence or
counterintelligence, including such information concerning
corporations or other commercial organizations. Collection within
the United States of foreign intelligence not otherwise obtainable
shall be undertaken by the FBI or, when significant foreign
intelligence is sought, by other authorized agencies of the
Intelligence Community, provided that no foreign intelligence
collection by such agencies may be undertaken for the purpose of
acquiring information concerning the domestic activities of United
States persons;
(c) Information obtained in the course of a lawful foreign
intelligence, counterintelligence, international narcotics or
international terrorism investigation;
(d) Information needed to protect the safety of any persons or
organizations, including those who are targets, victims or hostages
of international terrorist organizations;
(e) Information needed to protect foreign intelligence or
counterintelligence sources or methods from unauthorized
disclosure. Collection within the United States shall be
undertaken by the FBI except that other agencies of the
Intelligence Community may also collect such information concerning
present or former employees, present or former intelligence agency
contractors or their present or former employees, or applicants for
any such employment or contracting;
(f) Information concerning persons who are reasonably believed to
be potential sources or contacts for the purpose of determining
their suitability or credibility;
(g) Information arising out of a lawful personnel, physical or
communications security investigation;
(h) Information acquired by overhead reconnaissance not directed
at specific United States persons;
(i) Incidentally obtained information that may indicate
involvement in activities that may violate federal, state, local or
foreign laws; and
(j) Information necessary for administrative purposes.
In addition, agencies within the Intelligence Community may
disseminate information, other than information derived from
signals intelligence, to each appropriate agency within the
Intelligence Community for purposes of allowing the recipient
agency to determine whether the information is relevant to its
responsibilities and can be retained by it.
2.4 COLLECTION TECHNIQUES
Agencies within the Intelligence Community shall use the least
intrusive collection techniques feasible within the United States
or directed against United States persons abroad. Agencies are not
authorized to use such techniques as electronic surveillance,
unconsented physical search, mail surveillance, physical
surveillance, or monitoring devices unless they are in accordance
with procedures established by the head of the agency concerned and
approved by the Attorney General. Such procedures shall protect
constitutional and other legal rights and limit use of such
information to lawful governmental purposes. These procedures
shall not authorize:
(a) The CIA to engage in electronic surveillance within the
United States except for the purpose of training, testing, or
conducting countermeasures to hostile electronic surveillance;
(b) Unconsented physical searches in the United States by
agencies other than the FBI, except for:
(1) Searches by counterintelligence elements of the military
services directed against military personnel within the United
States or abroad for intelligence purposes, when authorized by a
military commander empowered to approve physical searches for law
enforcement purposes, based upon a finding of probable cause to
believe that such persons are acting as agents of foreign powers;
and
(2) Searches by CIA of personal property of non-United States
persons lawfully in its possession.
(c) Physical surveillance of a United States person in the United
States by agencies other than the FBI, except for:
(1) Physical surveillance of present or former employees, present
or former intelligence agency contractors or their present or
former employees, or applicants for any such employment or
contracting; and
(2) Physical surveillance of a military person employed by a
nonintelligence element of a military service.
(d) Physical surveillance of a United States person abroad to
collect foreign intelligence, except to obtain significant
information that cannot reasonably be acquired by other means.
2.5 ATTORNEY GENERAL APPROVAL
The Attorney General hereby is delegated the power to approve the
use for intelligence purposes, within the United States or against
a United States person abroad, of any technique for which a warrant
would be required if undertaken for law enforcement purposes,
provided that such techniques shall not be undertaken unless the
Attorney General has determined in each case that there is probable
cause to believe that the technique is directed against a foreign
power or an agent of a foreign power. Electronic surveillance, as
defined in the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), shall be conducted in accordance with that
Act, as well as this Order.
2.6 ASSISTANCE TO LAW ENFORCEMENT AUTHORITIES
Agencies within the Intelligence Community are authorized to:
(a) Cooperate with appropriate law enforcement agencies for the
purpose of protecting the employees, information, property and
facilities of any agency within the Intelligence Community;
(b) Unless otherwise precluded by law or this Order, participate
in law enforcement activities to investigate or prevent clandestine
intelligence activities by foreign powers, or international
terrorist or narcotics activities;
(c) Provide specialized equipment, technical knowledge, or
assistance of expert personnel for use by any department or agency,
or, when lives are endangered, to support local law enforcement
agencies. Provision of assistance by expert personnel shall be
approved in each case by the General Counsel of the providing
agency; and
(d) Render any other assistance and cooperation to law
enforcement authorities not precluded by applicable law.
2.7 CONTRACTING
Agencies within the Intelligence Community are authorized to
enter into contracts or arrangements for the provision of goods or
services with private companies or institutions in the United
States and need not reveal the sponsorship of such contracts or
arrangements for authorized intelligence purposes. Contracts or
arrangements with academic institutions may be undertaken only with
the consent of appropriate officials of the institution.
2.8 CONSISTENCY WITH OTHER LAWS
Nothing in this Order shall be construed to authorize any
activity in violation of the Constitution or statutes of the United
States.
2.9 UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED
STATES
No one acting on behalf of agencies within the Intelligence
Community may join or otherwise participate in any organization in
the United States on behalf of any agency within the Intelligence
Community without disclosing his intelligence affiliation to
appropriate officials of the organization, except in accordance
with procedures established by the head of the agency concerned and
approved by the Attorney General. Such participation shall be
authorized only if it is essential to achieving lawful purposes as
determined by the agency head or designee. No such participation
may be undertaken for the purpose of influencing the activity of
the organization or its members except in cases where:
(a) The participation is undertaken on behalf of the FBI in the
course of a lawful investigation; or
(b) The organization concerned is composed primarily of
individuals who are not United States persons and is reasonably
believed to be acting on behalf of a foreign power.
2.10 HUMAN EXPERIMENTATION
No agency within the Intelligence Community shall sponsor,
contract for or conduct research on human subjects except in
accordance with guidelines issued by the Department of Health and
Human Services. The subject's informed consent shall be documented
as required by those guidelines.
2.11 PROHIBITION ON ASSASSINATION
No person employed by or acting on behalf of the United States
Government shall engage in, or conspire to engage in,
assassination.
2.12 INDIRECT PARTICIPATION
No agency of the Intelligence Community shall participate in or
request any person to undertake activities forbidden by this Order.
PART 3 - GENERAL PROVISIONS
3.1 CONGRESSIONAL OVERSIGHT
The duties and responsibilities of the Director of Central
Intelligence and the heads of other departments, agencies, and
entities engaged in intelligence activities to cooperate with the
Congress in the conduct of its responsibilities for oversight of
intelligence activities shall be as provided in title 50, United
States Code, section 413. The requirements of section 662 of the
Foreign Assistance Act of 1961, as amended (22 U.S.C. 2422), and
section 501 of the National Security Act of 1947, as amended (50
U.S.C. 413), shall apply to all special activities as defined in
this Order.
3.2 IMPLEMENTATION
The NSC, the Secretary of Defense, the Attorney General, and the
Director of Central Intelligence shall issue such appropriate
directives and procedures as are necessary to implement this Order.
Heads of agencies within the Intelligence Community shall issue
appropriate supplementary directives and procedures consistent with
this Order. The Attorney General shall provide a statement of
reasons for not approving any procedures established by the head of
an agency in the Intelligence Community other than the FBI. The
National Security Council may establish procedures in instances
where the agency head and the Attorney General are unable to reach
agreement on other than constitutional or other legal grounds.
3.3 PROCEDURES
Until the procedures required by this Order have been
established, the activities herein authorized which require
procedures shall be conducted in accordance with existing
procedures or requirements established under Executive Order No.
12036 (formerly set out above). Procedures required by this Order
shall be established as expeditiously as possible. All procedures
promulgated pursuant to this Order shall be made available to the
congressional intelligence committees.
3.4 DEFINITIONS
For the purposes of this Order, the following terms shall have
these meanings:
(a) Counterintelligence means information gathered and activities
conducted to protect against espionage, other intelligence
activities, sabotage, or assassinations conducted for or on behalf
of foreign powers, organizations or persons, or international
terrorist activities, but not including personnel, physical,
document or communications security programs.
(b) Electronic surveillance means acquisition of a nonpublic
communication by electronic means without the consent of a person
who is a party to an electronic communication or, in the case of a
nonelectronic communication, without the consent of a person who is
visably (sic) present at the place of communication, but not
including the use of radio direction-finding equipment solely to
determine the location of a transmitter.
(c) Employee means a person employed by, assigned to or acting
for an agency within the Intelligence Community.
(d) Foreign intelligence means information relating to the
capabilities, intentions and activities of foreign powers,
organizations or persons, but not including counterintelligence
except for information on international terrorist activities.
(e) Intelligence activities means all activities that agencies
within the Intelligence Community are authorized to conduct
pursuant to this Order.
(f) Intelligence Community and agencies within the Intelligence
Community refer to the following agencies or organizations:
(1) The Central Intelligence Agency (CIA);
(2) The National Security Agency (NSA);
(3) The Defense Intelligence Agency (DIA);
(4) The offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs;
(5) The Bureau of Intelligence and Research of the Department of
State;
(6) The intelligence elements of the Army, Navy, Air Force, and
Marine Corps, the Federal Bureau of Investigation (FBI), the
Department of the Treasury, and the Department of Energy; and
(7) The staff elements of the Director of Central Intelligence.
(g) The National Foreign Intelligence Program includes the
programs listed below, but its composition shall be subject to
review by the National Security Council and modification by the
President:
(1) The programs of the CIA;
(2) The Consolidated Cryptologic Program, the General Defense
Intelligence Program, and the programs of the offices within the
Department of Defense for the collection of specialized national
foreign intelligence through reconnaissance, except such elements
as the Director of Central Intelligence and the Secretary of
Defense agree should be excluded;
(3) Other programs of agencies within the Intelligence Community
designated jointly by the Director of Central Intelligence and the
head of the department or by the President as national foreign
intelligence or counterintelligence activities;
(4) Activities of the staff elements of the Director of Central
Intelligence;
(5) Activities to acquire the intelligence required for the
planning and conduct of tactical operations by the United States
military forces are not included in the National Foreign
Intelligence Program.
(h) Special activities means activities conducted in support of
national foreign policy objectives abroad which are planned and
executed so that the role of the United States Government is not
apparent or acknowledged publicly, and functions in support of such
activities, but which are not intended to influence United States
political processes, public opinion, policies, or media and do not
include diplomatic activities or the collection and production of
intelligence or related support functions.
(i) United States person means a United States citizen, an alien
known by the intelligence agency concerned to be a permanent
resident alien, an unincorporated association substantially
composed of United States citizens or permanent resident aliens, or
a corporation incorporated in the United States, except for a
corporation directed and controlled by a foreign government or
governments.
3.5 PURPOSE AND EFFECT
This Order is intended to control and provide direction and
guidance to the Intelligence Community. Nothing contained herein or
in any procedures promulgated hereunder is intended to confer any
substantive or procedural right or privilege on any person or
organization.
3.6 REVOCATION
Executive Order No. 12036 of January 24, 1978, as amended,
entitled ''United States Intelligence Activities,'' is revoked.
Ronald Reagan.