Executive Order 12333--United States intelligence activities
Source: The provisions of Executive Order 12333 of
Dec. 4, 1981, appear at 46 FR 59941, 3 CFR, 1981 Comp., p. 200, unless
otherwise noted.
Table of Contents
Preamble
-
Part 1. Goals, Direction, Duties, and Responsibilities
With Respect to the National Intelligence Effort
-
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
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, 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 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; the CIA Act of 1949, as amended; 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)1)
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) 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 of 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, 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. 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 visibly 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 employedby, 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.
1 Editorial note: The
correct citation is (87 Stat. 555).