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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.
- 1.3National 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.
- 1.12Intelligence 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.
- 2.4Collection 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.
- 3.4Definitions. 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 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.
1 Editorial note: The correct citation is (87 Stat. 555).
