[Federal Register Volume 73, Number 150 (Monday, August 4, 2008)]
[Presidential Documents]
[Pages 45325-45342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17940]



[[Page 45323]]

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Part IV





The President





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Executive Order 13470--Further Amendments to Executive Order 12333, 
United States Intelligence Activities


                        Presidential Documents 



Federal Register / Vol. 73, No. 150 / Monday, August 4, 2008 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 45325]]

                Executive Order 13470 of July 30, 2008

                
Further Amendments to Executive Order 12333, 
                United States Intelligence Activities

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the Intelligence Reform and 
                Terrorism Prevention Act of 2004 (Public Law 108-458), 
                and in order to update and clarify Executive Order 
                13355 of August 27, 2004, Executive Order 12333 of 
                December 4, 1981, as amended, is hereby further amended 
                as follows:

                Section 1. The Preamble to Executive Order 12333, as 
                amended, is further amended by:

                (a) Striking ``and'' and inserting in lieu thereof a 
                comma before the word ``accurate'', and inserting ``, 
                and insightful'' after the word ``accurate'' in the 
                first sentence;

                (b) Striking ``statutes'' and inserting in lieu thereof 
                ``the laws'' before ``of the United States of America'' 
                in the third sentence; and

                (c) Striking ``the'' before ``United States 
                intelligence activities'' in the third sentence.

                Sec. 2. Executive Order 12333, as amended, is further 
                amended by striking Part 1 in its entirety and 
                inserting in lieu thereof the following new part:

                PART 1 Goals, Directions, Duties, and Responsibilities 
                with Respect to United States Intelligence Efforts

                1.1 Goals. The United States intelligence effort shall 
                provide the President, the National Security Council, 
                and the Homeland Security Council with the necessary 
                information on which to base decisions concerning the 
                development and conduct of foreign, defense, and 
                economic policies, and the protection of United States 
                national interests from foreign security threats. All 
                departments and agencies shall cooperate fully to 
                fulfill this goal.

                (a) All means, consistent with applicable Federal law 
                and this order, and with full consideration of the 
                rights of United States persons, shall be used to 
                obtain reliable intelligence information to protect the 
                United States and its interests.

                (b) The United States Government has a solemn 
                obligation, and shall continue in the conduct of 
                intelligence activities under this order, to protect 
                fully the legal rights of all United States persons, 
                including freedoms, civil liberties, and privacy rights 
                guaranteed by Federal law.

                (c) Intelligence collection under this order should be 
                guided by the need for information to respond to 
                intelligence priorities set by the President.

                (d) Special emphasis should be given to detecting and 
                countering:

(1) Espionage and other threats and activities directed by foreign powers 
or their intelligence services against the United States and its interests;

(2) Threats to the United States and its interests from terrorism; and

(3) Threats to the United States and its interests from the development, 
possession, proliferation, or use of weapons of mass destruction.

                (e) Special emphasis shall be given to the production 
                of timely, accurate, and insightful reports, responsive 
                to decisionmakers in the executive branch, that draw on 
                all appropriate sources of information, including open 
                source

[[Page 45326]]

                information, meet rigorous analytic standards, consider 
                diverse analytic viewpoints, and accurately represent 
                appropriate alternative views.

                (f) State, local, and tribal governments are critical 
                partners in securing and defending the United States 
                from terrorism and other threats to the United States 
                and its interests. Our national intelligence effort 
                should take into account the responsibilities and 
                requirements of State, local, and tribal governments 
                and, as appropriate, private sector entities, when 
                undertaking the collection and dissemination of 
                information and intelligence to protect the United 
                States.

                (g) All departments and agencies have a responsibility 
                to prepare and to provide intelligence in a manner that 
                allows the full and free exchange of information, 
                consistent with applicable law and presidential 
                guidance.

                1.2 The National Security Council.

                (a) Purpose. The National Security Council (NSC) shall 
                act as the highest ranking executive branch entity that 
                provides support to the President for review of, 
                guidance for, and direction to the conduct of all 
                foreign intelligence, counterintelligence, and covert 
                action, and attendant policies and programs.

                (b) Covert Action and Other Sensitive Intelligence 
                Operations. The NSC shall consider and submit to the 
                President a policy recommendation, including all 
                dissents, on each proposed covert action and conduct a 
                periodic review of ongoing covert action activities, 
                including an evaluation of the effectiveness and 
                consistency with current national policy of such 
                activities and consistency with applicable legal 
                requirements. The NSC shall perform such other 
                functions related to covert action as the President may 
                direct, but shall not undertake the conduct of covert 
                actions. The NSC shall also review proposals for other 
                sensitive intelligence operations.

                1.3 Director of National Intelligence. Subject to the 
                authority, direction, and control of the President, the 
                Director of National Intelligence (Director) shall 
                serve as the head of the Intelligence Community, act as 
                the principal adviser to the President, to the NSC, and 
                to the Homeland Security Council for intelligence 
                matters related to national security, and shall oversee 
                and direct the implementation of the National 
                Intelligence Program and execution of the National 
                Intelligence Program budget. The Director will lead a 
                unified, coordinated, and effective intelligence 
                effort. In addition, the Director shall, in carrying 
                out the duties and responsibilities under this section, 
                take into account the views of the heads of departments 
                containing an element of the Intelligence Community and 
                of the Director of the Central Intelligence Agency.

                (a) Except as otherwise directed by the President or 
                prohibited by law, the Director shall have access to 
                all information and intelligence described in section 
                1.5(a) of this order. For the purpose of access to and 
                sharing of information and intelligence, the Director:

(1) Is hereby assigned the function under section 3(5) of the Act, to 
determine that intelligence, regardless of the source from which derived 
and including information gathered within or outside the United States, 
pertains to more than one United States Government agency; and

(2) Shall develop guidelines for how information or intelligence is 
provided to or accessed by the Intelligence Community in accordance with 
section 1.5(a) of this order, and for how the information or intelligence 
may be used and shared by the Intelligence Community. All guidelines 
developed in accordance with this section shall be approved by the Attorney 
General and, where applicable, shall be consistent with guidelines issued 
pursuant to section 1016 of the Intelligence Reform and Terrorism 
Protection Act of 2004 (Public Law 108-458) (IRTPA).

                (b) In addition to fulfilling the obligations and 
                responsibilities prescribed by the Act, the Director:

(1) Shall establish objectives, priorities, and guidance for the 
Intelligence Community to ensure timely and effective collection, 
processing, analysis,

[[Page 45327]]

and dissemination of intelligence, of whatever nature and from whatever 
source derived;

(2) May designate, in consultation with affected heads of departments or 
Intelligence Community elements, one or more Intelligence Community 
elements to develop and to maintain services of common concern on behalf of 
the Intelligence Community if the Director determines such services can be 
more efficiently or effectively accomplished in a consolidated manner;

(3) Shall oversee and provide advice to the President and the NSC with 
respect to all ongoing and proposed covert action programs;

(4) In regard to the establishment and conduct of intelligence arrangements 
and agreements with foreign governments and international organizations:

(A) May enter into intelligence and counterintelligence arrangements and 
agreements with foreign governments and international organizations;

(B) Shall formulate policies concerning intelligence and 
counterintelligence arrangements and agreements with foreign governments 
and international organizations; and

(C) Shall align and synchronize intelligence and counterintelligence 
foreign relationships among the elements of the Intelligence Community to 
further United States national security, policy, and intelligence 
objectives;

(5) Shall participate in the development of procedures approved by the 
Attorney General governing criminal drug intelligence activities abroad to 
ensure that these activities are consistent with foreign intelligence 
programs;

(6) Shall establish common security and access standards for managing and 
handling intelligence systems, information, and products, with special 
emphasis on facilitating:

(A) The fullest and most prompt access to and dissemination of information 
and intelligence practicable, assigning the highest priority to detecting, 
preventing, preempting, and disrupting terrorist threats and activities 
against the United States, its interests, and allies; and

(B) The establishment of standards for an interoperable information sharing 
enterprise that facilitates the sharing of intelligence information among 
elements of the Intelligence Community;

(7) Shall ensure that appropriate departments and agencies have access to 
intelligence and receive the support needed to perform independent 
analysis;

(8) Shall protect, and ensure that programs are developed to protect, 
intelligence sources, methods, and activities from unauthorized disclosure;

(9) Shall, after consultation with the heads of affected departments and 
agencies, establish guidelines for Intelligence Community elements for:

(A) Classification and declassification of all intelligence and 
intelligence-related information classified under the authority of the 
Director or the authority of the head of a department or Intelligence 
Community element; and

(B) Access to and dissemination of all intelligence and intelligence-
related information, both in its final form and in the form when initially 
gathered, to include intelligence originally classified by the head of a 
department or Intelligence Community element, except that access to and 
dissemination of information concerning United States persons shall be 
governed by procedures developed in accordance with Part 2 of this order;

(10) May, only with respect to Intelligence Community elements, and after 
consultation with thehead of the originating Intelligence Community element 
or the head of the originating department, declassify, or direct the 
declassification of, information or intelligence relating to intelligence

[[Page 45328]]

sources, methods, and activities. The Director may only delegate this 
authority to the Principal Deputy Director of National Intelligence;

(11) May establish, operate, and direct one or more national intelligence 
centers to address intelligence priorities;

(12) May establish Functional Managers and Mission Managers, and designate 
officers or employees of the United States to serve in these positions.

(A) Functional Managers shall report to the Director concerning the 
execution of their duties as Functional Managers, and may be charged with 
developing and implementing strategic guidance, policies, and procedures 
for activities related to a specific intelligence discipline or set of 
intelligence activities; set training and tradecraft standards; and ensure 
coordination within and across intelligence disciplines and Intelligence 
Community elements and with related non-intelligence activities. Functional 
Managers may also advise the Director on: the management of resources; 
policies and procedures; collection capabilities and gaps; processing and 
dissemination of intelligence; technical architectures; and other issues or 
activities determined by the Director.

(i) The Director of the National Security Agency is designated the 
Functional Manager for signals intelligence;

(ii) The Director of the Central Intelligence Agency is designated the 
Functional Manager for human intelligence; and

(iii) The Director of the National Geospatial-Intelligence Agency is 
designated the Functional Manager for geospatial intelligence.

(B) Mission Managers shall serve as principal substantive advisors on all 
or specified aspects of intelligence related to designated countries, 
regions, topics, or functional issues;

(13) Shall establish uniform criteria for the determination of relative 
priorities for the transmission of critical foreign intelligence, and 
advise the Secretary of Defense concerning the communications requirements 
of the Intelligence Community for the transmission of such communications;

(14) Shall have ultimate responsibility for production and dissemination of 
intelligence produced by the Intelligence Community and authority to levy 
analytic tasks on intelligence production organizations within the 
Intelligence Community, in consultation with the heads of the Intelligence 
Community elements concerned;

(15) May establish advisory groups for the purpose of obtaining advice from 
within the Intelligence Community to carry out the Director's 
responsibilities, to include Intelligence Community executive management 
committees composed of senior Intelligence Community leaders. Advisory 
groups shall consist of representatives from elements of the Intelligence 
Community, as designated by the Director, or other executive branch 
departments, agencies, and offices, as appropriate;

(16) Shall ensure the timely exploitation and dissemination of data 
gathered by national intelligence collection means, and ensure that the 
resulting intelligence is disseminated immediately to appropriate 
government elements, including military commands;

(17) Shall determine requirements and priorities for, and manage and direct 
the tasking, collection, analysis, production, and dissemination of, 
national intelligence by elements of the Intelligence Community, including 
approving requirements for collection and analysis and resolving conflicts 
in collection requirements and in the tasking of national collection assets 
of Intelligence Community elements (except when otherwise directed by the 
President or when the Secretary of Defense exercises collection tasking 
authority under plans and arrangements approved by the Secretary of Defense 
and the Director);

(18) May provide advisory tasking concerning collection and analysis of 
information or intelligence relevant to national intelligence or national 
security to departments, agencies, and establishments of the United States

[[Page 45329]]

Government that are not elements of the Intelligence Community; and shall 
establish procedures, in consultation with affected heads of departments or 
agencies and subject to approval by the Attorney General, to implement this 
authority and to monitor or evaluate the responsiveness of United States 
Government departments, agencies, and other establishments;

(19) Shall fulfill the responsibilities in section 1.3(b)(17) and (18) of 
this order, consistent with applicable law and with full consideration of 
the rights of United States persons, whether information is to be collected 
inside or outside the United States;

(20) Shall ensure, through appropriate policies and procedures, the 
deconfliction, coordination, and integration of all intelligence activities 
conducted by an Intelligence Community element or funded by the National 
Intelligence Program. In accordance with these policies and procedures:

(A) The Director of the Federal Bureau of Investigation shall coordinate 
the clandestine collection of foreign intelligence collected through human 
sources or through human-enabled means and counterintelligence activities 
inside the United States;

(B) The Director of the Central Intelligence Agency shall coordinate the 
clandestine collection of foreign intelligence collected through human 
sources or through human-enabled means and counterintelligence activities 
outside the United States;

(C) All policies and procedures for the coordination of counterintelligence 
activities and the clandestine collection of foreign intelligence inside 
the United States shall be subject to the approval of the Attorney General; 
and

(D) All policies and procedures developed under this section shall be 
coordinated with the heads of affected departments and Intelligence 
Community elements;

(21) Shall, with the concurrence of the heads of affected departments and 
agencies, establish joint procedures to deconflict, coordinate, and 
synchronize intelligence activities conducted by an Intelligence Community 
element or funded by the National Intelligence Program, with intelligence 
activities, activities that involve foreign intelligence and security 
services, or activities that involve the use of clandestine methods, 
conducted by other United States Government departments, agencies, and 
establishments;

(22) Shall, in coordination with the heads of departments containing 
elements of the Intelligence Community, develop procedures to govern major 
system acquisitions funded in whole or in majority part by the National 
Intelligence Program;

(23) Shall seek advice from the Secretary of State to ensure that the 
foreign policy implications of proposed intelligence activities are 
considered, and shall ensure, through appropriate policies and procedures, 
that intelligence activities are conducted in a manner consistent with the 
responsibilities pursuant to law and presidential direction of Chiefs of 
United States Missions; and

(24) Shall facilitate the use of Intelligence Community products by the 
Congress in a secure manner.

                (c) The Director's exercise of authorities in the Act 
                and this order shall not abrogate the statutory or 
                other responsibilities of the heads of departments of 
                the United States Government or the Director of the 
                Central Intelligence Agency. Directives issued and 
                actions taken by the Director in the exercise of the 
                Director's authorities and responsibilities to 
                integrate, coordinate, and make the Intelligence 
                Community more effective in providing intelligence 
                related to national security shall be implemented by 
                the elements of the Intelligence Community, provided 
                that any department head whose department contains an 
                element of the Intelligence Community and who believes 
                that a directive or action of the Director violates the 
                requirements of section 1018 of the IRTPA or this 
                subsection shall bring the issue to the attention

[[Page 45330]]

                of the Director, the NSC, or the President for 
                resolution in a manner that respects and does not 
                abrogate the statutory responsibilities of the heads of 
                the departments.

                (d) Appointments to certain positions.

(1) The relevant department or bureau head shall provide recommendations 
and obtain the concurrence of the Director for the selection of: the 
Director of the National Security Agency, the Director of the National 
Reconnaissance Office, the Director of the National Geospatial-Intelligence 
Agency, the Under Secretary of Homeland Security for Intelligence and 
Analysis, the Assistant Secretary of State for Intelligence and Research, 
the Director of the Office of Intelligence and Counterintelligence of the 
Department of Energy, the Assistant Secretary for Intelligence and Analysis 
of the Department of the Treasury, and the Executive Assistant Director for 
the National Security Branch of the Federal Bureau of Investigation. If the 
Director does not concur in the recommendation, the department head may not 
fill the vacancy or make the recommendation to the President, as the case 
may be. If the department head and the Director do not reach an agreement 
on the selection or recommendation, the Director and the department head 
concerned may advise the President directly of the Director's intention to 
withhold concurrence.

(2) The relevant department head shall consult with the Director before 
appointing an individual to fill a vacancy or recommending to the President 
an individual be nominated to fill a vacancy in any of the following 
positions: the Under Secretary of Defense for Intelligence; the Director of 
the Defense Intelligence Agency; uniformed heads of the intelligence 
elements of the Army, the Navy, the Air Force, and the Marine Corps above 
the rank of Major General or Rear Admiral; the Assistant Commandant of the 
Coast Guard for Intelligence; and the Assistant Attorney General for 
National Security.

                (e) Removal from certain positions.

(1) Except for the Director of the Central Intelligence Agency, whose 
removal the Director may recommend to the President, the Director and the 
relevant department head shall consult on the removal, or recommendation to 
the President for removal, as the case may be, of: the Director of the 
National Security Agency, the Director of the National Geospatial-
Intelligence Agency, the Director of the Defense Intelligence Agency, the 
Under Secretary of Homeland Security for Intelligence and Analysis, the 
Assistant Secretary of State for Intelligence and Research, and the 
Assistant Secretary for Intelligence and Analysis of the Department of the 
Treasury. If the Director and the department head do not agree on removal, 
or recommendation for removal, either may make a recommendation to the 
President for the removal of the individual.

(2) The Director and the relevant department or bureau head shall consult 
on the removal of: the Executive Assistant Director for the National 
Security Branch of the Federal Bureau of Investigation, the Director of the 
Office of Intelligence and Counterintelligence of the Department of Energy, 
the Director of the National Reconnaissance Office, the Assistant 
Commandant of the Coast Guard for Intelligence, and the Under Secretary of 
Defense for Intelligence. With respect to an individual appointed by a 
department head, the department head may remove the individual upon the 
request of the Director; if the department head chooses not to remove the 
individual, either the Director or the department head may advise the 
President of the department head's intention to retain the individual. In 
the case of the Under Secretary of Defense for Intelligence, the Secretary 
of Defense may recommend to the President either the removal or the 
retention of the individual. For uniformed heads of the intelligence 
elements of the Army, the Navy, the Air Force, and the Marine Corps, the 
Director may make a recommendation for removal to the Secretary of Defense.

[[Page 45331]]

(3) Nothing in this subsection shall be construed to limit or otherwise 
affect the authority of the President to nominate, appoint, assign, or 
terminate the appointment or assignment of any individual, with or without 
a consultation, recommendation, or concurrence.

                1.4 The Intelligence Community. Consistent with 
                applicable Federal law and with the other provisions of 
                this order, and under the leadership of the Director, 
                as specified in such law and this order, the 
                Intelligence Community shall:

                (a) Collect and provide information needed by the 
                President and, in the performance of executive 
                functions, the Vice President, the NSC, the Homeland 
                Security Council, the Chairman of the Joint Chiefs of 
                Staff, senior military commanders, and other executive 
                branch officials and, as appropriate, the Congress of 
                the United States;

                (b) In accordance with priorities set by the President, 
                collect information concerning, and conduct activities 
                to protect against, international terrorism, 
                proliferation of weapons of mass destruction, 
                intelligence activities directed against the United 
                States, international criminal drug activities, and 
                other hostile activities directed against the United 
                States by foreign powers, organizations, persons, and 
                their agents;

                (c) Analyze, produce, and disseminate intelligence;

                (d) Conduct administrative, technical, and other 
                support activities within the United States and abroad 
                necessary for the performance of authorized activities, 
                to include providing services of common concern for the 
                Intelligence Community as designated by the Director in 
                accordance with this order;

                (e) Conduct research, development, and procurement of 
                technical systems and devices relating to authorized 
                functions and missions or the provision of services of 
                common concern for the Intelligence Community;

                (f) Protect the security of intelligence related 
                activities, information, installations, property, and 
                employees by appropriate means, including such 
                investigations of applicants, employees, contractors, 
                and other persons with similar associations with the 
                Intelligence Community elements as are necessary;

                (g) Take into account State, local, and tribal 
                governments' and, as appropriate, private sector 
                entities' information needs relating to national and 
                homeland security;

                (h) Deconflict, coordinate, and integrate all 
                intelligence activities and other information gathering 
                in accordance with section 1.3(b)(20) of this order; 
                and

(i) Perform such other functions and duties related to intelligence 
activities as the President may direct.

                1.5 Duties and Responsibilities of the Heads of 
                Executive Branch Departments and Agencies. The heads of 
                all departments and agencies shall:

                (a) Provide the Director access to all information and 
                intelligence relevant to the national security or that 
                otherwise is required for the performance of the 
                Director's duties, to include administrative and other 
                appropriate management information, except such 
                information excluded by law, by the President, or by 
                the Attorney General acting under this order at the 
                direction of the President;

                (b) Provide all programmatic and budgetary information 
                necessary to support the Director in developing the 
                National Intelligence Program;

                (c) Coordinate development and implementation of 
                intelligence systems and architectures and, as 
                appropriate, operational systems and architectures of 
                their departments, agencies, and other elements with 
                the Director to respond to national intelligence 
                requirements and all applicable information sharing and 
                security guidelines, information privacy, and other 
                legal requirements;

[[Page 45332]]

                (d) Provide, to the maximum extent permitted by law, 
                subject to the availability of appropriations and not 
                inconsistent with the mission of the department or 
                agency, such further support to the Director as the 
                Director may request, after consultation with the head 
                of the department or agency, for the performance of the 
                Director's functions;

                (e) Respond to advisory tasking from the Director under 
                section 1.3(b)(18) of this order to the greatest extent 
                possible, in accordance with applicable policies 
                established by the head of the responding department or 
                agency;

                (f) Ensure that all elements within the department or 
                agency comply with the provisions of Part 2 of this 
                order, regardless of Intelligence Community 
                affiliation, when performing foreign intelligence and 
                counterintelligence functions;

                (g) Deconflict, coordinate, and integrate all 
                intelligence activities in accordance with section 
                1.3(b)(20), and intelligence and other activities in 
                accordance with section 1.3(b)(21) of this order;

                (h) Inform the Attorney General, either directly or 
                through the Federal Bureau of Investigation, and the 
                Director of clandestine collection of foreign 
                intelligence and counterintelligence activities inside 
                the United States not coordinated with the Federal 
                Bureau of Investigation;

                (i) Pursuant to arrangements developed by the head of 
                the department or agency and the Director of the 
                Central Intelligence Agency and approved by the 
                Director, inform the Director and the Director of the 
                Central Intelligence Agency, either directly or through 
                his designee serving outside the United States, as 
                appropriate, of clandestine collection of foreign 
                intelligence collected through human sources or through 
                human-enabled means outside the United States that has 
                not been coordinated with the Central Intelligence 
                Agency; and

                (j) Inform the Secretary of Defense, either directly or 
                through his designee, as appropriate, of clandestine 
                collection of foreign intelligence outside the United 
                States in a region of combat or contingency military 
                operations designated by the Secretary of Defense, for 
                purposes of this paragraph, after consultation with the 
                Director of National Intelligence.

                1.6 Heads of Elements of the Intelligence Community. 
                The heads of elements of the Intelligence Community 
                shall:

                (a) Provide the Director access to all information and 
                intelligence relevant to the national security or that 
                otherwise is required for the performance of the 
                Director's duties, to include administrative and other 
                appropriate management information, except such 
                information excluded by law, by the President, or by 
                the Attorney General acting under this order at the 
                direction of the President;

                (b) 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, agency, or establishment 
                concerned, in a manner consistent with the protection 
                of intelligence sources and methods, as specified in 
                those procedures;

                (c) Report to the Intelligence Oversight Board, 
                consistent with Executive Order 13462 of February 29, 
                2008, and provide copies of all such reports to the 
                Director, concerning any intelligence activities of 
                their elements that they have reason to believe may be 
                unlawful or contrary to executive order or presidential 
                directive;

                (d) Protect intelligence and intelligence sources, 
                methods, and activities from unauthorized disclosure in 
                accordance with guidance from the Director;

                (e) Facilitate, as appropriate, the sharing of 
                information or intelligence, as directed by law or the 
                President, to State, local, tribal, and private sector 
                entities;

[[Page 45333]]

                (f) Disseminate information or intelligence to foreign 
                governments and international organizations under 
                intelligence or counterintelligence arrangements or 
                agreements established in accordance with section 
                1.3(b)(4) of this order;

                (g) Participate in the development of procedures 
                approved by the Attorney General governing production 
                and dissemination of information or intelligence 
                resulting from criminal drug intelligence activities 
                abroad if they have intelligence responsibilities for 
                foreign or domestic criminal drug production and 
                trafficking; and

                (h) Ensure that the inspectors general, general 
                counsels, and agency officials responsible for privacy 
                or civil liberties protection for their respective 
                organizations have access to any information or 
                intelligence necessary to perform their official 
                duties.

                1.7 Intelligence Community Elements. Each element of 
                the Intelligence Community shall have the duties and 
                responsibilities specified below, in addition to those 
                specified by law or elsewhere in this order. 
                Intelligence Community elements within executive 
                departments shall serve the information and 
                intelligence needs of their respective heads of 
                departments and also shall operate as part of an 
                integrated Intelligence Community, as provided in law 
                or this order.

                (a) THE CENTRAL INTELLIGENCE AGENCY. The Director of 
                the Central Intelligence Agency shall:

(1) Collect (including through clandestine means), analyze, produce, and 
disseminate foreign intelligence and counterintelligence;

(2) Conduct counterintelligence activities without assuming or performing 
any internal security functions within the United States;

(3) Conduct administrative and technical support activities within and 
outside the United States as necessary for cover and proprietary 
arrangements;

(4) Conduct covert action activities approved by the President. No agency 
except the Central Intelligence Agency (or the Armed Forces of the United 
States in time of war declared by the Congress or during any period covered 
by a report from the President to the Congress consistent with the War 
Powers Resolution, Public Law 93-148) may conduct any covert action 
activity unless the President determines that another agency is more likely 
to achieve a particular objective;

(5) Conduct foreign intelligence liaison relationships with intelligence or 
security services of foreign governments or international organizations 
consistent with section 1.3(b)(4) of this order;

(6) Under the direction and guidance of the Director, and in accordance 
with section 1.3(b)(4) of this order, coordinate the implementation of 
intelligence and counterintelligence relationships between elements of the 
Intelligence Community and the intelligence or security services of foreign 
governments or international organizations; and

(7) Perform such other functions and duties related to intelligence as the 
Director may direct.

                (b) THE DEFENSE INTELLIGENCE AGENCY. The Director of 
                the Defense Intelligence Agency shall:

(1) Collect (including through clandestine means), analyze, produce, and 
disseminate foreign intelligence and counterintelligence to support 
national and departmental missions;

(2) Collect, analyze, produce, or, through tasking and coordination, 
provide defense and defense-related intelligence for the Secretary of 
Defense, the Chairman of the Joint Chiefs of Staff, combatant commanders, 
other Defense components, and non-Defense agencies;

(3) Conduct counterintelligence activities;

[[Page 45334]]

(4) Conduct administrative and technical support activities within and 
outside the United States as necessary for cover and proprietary 
arrangements;

(5) Conduct foreign defense intelligence liaison relationships and defense 
intelligence exchange programs with foreign defense establishments, 
intelligence or security services of foreign governments, and international 
organizations in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) 
of this order;

(6) Manage and coordinate all matters related to the Defense Attach[eacute] 
system; and

(7) Provide foreign intelligence and counterintelligence staff support as 
directed by the Secretary of Defense.

                (c) THE NATIONAL SECURITY AGENCY. The Director of the 
                National Security Agency shall:

(1) Collect (including through clandestine means), process, analyze, 
produce, and disseminate signals intelligence information and data for 
foreign intelligence and counterintelligence purposes to support national 
and departmental missions;

(2) Establish and operate 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, after coordination with the Director;

(3) Control 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;

(4) Conduct administrative and technical support activities within and 
outside the United States as necessary for cover arrangements;

(5) Provide signals intelligence support for national and departmental 
requirements and for the conduct of military operations;

(6) Act as the National Manager for National Security Systems as 
established in law and policy, and in this capacity be responsible to the 
Secretary of Defense and to the Director;

(7) Prescribe, consistent with section 102A(g) of the Act, 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 National Security Agency, 
and exercise the necessary supervisory control to ensure compliance with 
the regulations; and

(8) Conduct foreign cryptologic liaison relationships in accordance with 
sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.

                (d) THE NATIONAL RECONNAISSANCE OFFICE. The Director of 
                the National Reconnaissance Office shall:

(1) Be responsible for research and development, acquisition, launch, 
deployment, and operation of overhead systems and related data processing 
facilities to collect intelligence and information to support national and 
departmental missions and other United States Government needs; and

(2) Conduct foreign liaison relationships relating to the above missions, 
in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this 
order.

                (e) THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY. The 
                Director of the National Geospatial-Intelligence Agency 
                shall:

(1) Collect, process, analyze, produce, and disseminate geospatial 
intelligence information and data for foreign intelligence and 
counterintelligence purposes to support national and departmental missions;

[[Page 45335]]

(2) Provide geospatial intelligence support for national and departmental 
requirements and for the conduct of military operations;

(3) Conduct administrative and technical support activities within and 
outside the United States as necessary for cover arrangements; and

(4) Conduct foreign geospatial intelligence liaison relationships, in 
accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.

                (f) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS 
                OF THE ARMY, NAVY, AIR FORCE, AND MARINE CORPS. The 
                Commanders and heads of the intelligence and 
                counterintelligence elements of the Army, Navy, Air 
                Force, and Marine Corps shall:

(1) Collect (including through clandestine means), produce, analyze, and 
disseminate defense and defense-related intelligence and 
counterintelligence to support departmental requirements, and, as 
appropriate, national requirements;

(2) Conduct counterintelligence activities;

(3) Monitor the development, procurement, and management of tactical 
intelligence systems and equipment and conduct related research, 
development, and test and evaluation activities; and

(4) Conduct military intelligence liaison relationships and military 
intelligence exchange programs with selected cooperative foreign defense 
establishments and international organizations in accordance with sections 
1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.

                (g) INTELLIGENCE ELEMENTS OF THE FEDERAL BUREAU OF 
                INVESTIGATION. Under the supervision of the Attorney 
                General and pursuant to such regulations as the 
                Attorney General may establish, the intelligence 
                elements of the Federal Bureau of Investigation shall:

(1) Collect (including through clandestine means), analyze, produce, and 
disseminate foreign intelligence and counterintelligence to support 
national and departmental missions, in accordance with procedural 
guidelines approved by the Attorney General, after consultation with the 
Director;

(2) Conduct counterintelligence activities; and

(3) Conduct foreign intelligence and counterintelligence liaison 
relationships with intelligence, security, and law enforcement services of 
foreign governments or international organizations in accordance with 
sections 1.3(b)(4) and 1.7(a)(6) of this order.

                (h) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS 
                OF THE COAST GUARD. The Commandant of the Coast Guard 
                shall:

(1) Collect (including through clandestine means), analyze, produce, and 
disseminate foreign intelligence and counterintelligence including defense 
and defense-related information and intelligence to support national and 
departmental missions;

(2) Conduct counterintelligence activities;

(3) Monitor the development, procurement, and management of tactical 
intelligence systems and equipment and conduct related research, 
development, and test and evaluation activities; and

(4) Conduct foreign intelligence liaison relationships and intelligence 
exchange programs with foreign intelligence services, security services or 
international organizations in accordance with sections 1.3(b)(4), 
1.7(a)(6), and, when operating as part of the Department of Defense, 
1.10(i) of this order.

                (i) THE BUREAU OF INTELLIGENCE AND RESEARCH, DEPARTMENT 
                OF STATE; THE OFFICE OF INTELLIGENCE AND ANALYSIS, 
                DEPARTMENT OF THE TREASURY; THE OFFICE OF NATIONAL 
                SECURITY INTELLIGENCE, DRUG ENFORCEMENT ADMINISTRATION; 
                THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF 
                HOMELAND SECURITY; AND THE OFFICE OF INTELLIGENCE AND 
                COUNTERINTELLIGENCE, DEPARTMENT OF ENERGY. The heads of 
                the Bureau of Intelligence and

[[Page 45336]]

                Research, Department of State; the Office of 
                Intelligence and Analysis, Department of the Treasury; 
                the Office of National Security Intelligence, Drug 
                Enforcement Administration; the Office of Intelligence 
                and Analysis, Department of Homeland Security; and the 
                Office of Intelligence and Counterintelligence, 
                Department of Energy shall:

(1) Collect (overtly or through publicly available sources), analyze, 
produce, and disseminate information, intelligence, and counterintelligence 
to support national and departmental missions; and

(2) Conduct and participate in analytic or information exchanges with 
foreign partners and international organizations in accordance with 
sections 1.3(b)(4) and 1.7(a)(6) of this order.

                (j) THE OFFICE OF THE DIRECTOR OF NATIONAL 
                INTELLIGENCE. The Director shall collect (overtly or 
                through publicly available sources), analyze, produce, 
                and disseminate information, intelligence, and 
                counterintelligence to support the missions of the 
                Office of the Director of National Intelligence, 
                including the National Counterterrorism Center, and to 
                support other national missions.

                1.8 The Department of State. In addition to the 
                authorities exercised by the Bureau of Intelligence and 
                Research under sections 1.4 and 1.7(i) of this order, 
                the Secretary of State shall:

                (a) Collect (overtly or through publicly available 
                sources) information relevant to United States foreign 
                policy and national security concerns;

                (b) Disseminate, to the maximum extent possible, 
                reports received from United States diplomatic and 
                consular posts;

                (c) Transmit reporting requirements and advisory 
                taskings of the Intelligence Community to the Chiefs of 
                United States Missions abroad; and

                (d) Support Chiefs of United States Missions in 
                discharging their responsibilities pursuant to law and 
                presidential direction.

                1.9 The Department of the Treasury. In addition to the 
                authorities exercised by the Office of Intelligence and 
                Analysis of the Department of the Treasury under 
                sections 1.4 and 1.7(i) of this order the Secretary of 
                the Treasury shall collect (overtly or through publicly 
                available sources) foreign financial information and, 
                in consultation with the Department of State, foreign 
                economic information.

                1.10 The Department of Defense. The Secretary of 
                Defense shall:

                (a) Collect (including through clandestine means), 
                analyze, produce, and disseminate information and 
                intelligence and be responsive to collection tasking 
                and advisory tasking by the Director;

                (b) Collect (including through clandestine means), 
                analyze, produce, and disseminate defense and defense-
                related intelligence and counterintelligence, as 
                required for execution of the Secretary's 
                responsibilities;

                (c) Conduct programs and missions necessary to fulfill 
                national, departmental, and tactical intelligence 
                requirements;

                (d) Conduct counterintelligence activities in support 
                of Department of Defense components and coordinate 
                counterintelligence activities in accordance with 
                section 1.3(b)(20) and (21) of this order;

                (e) Act, in coordination with the Director, as the 
                executive agent of the United States Government for 
                signals intelligence activities;

                (f) Provide for the timely transmission of critical 
                intelligence, as defined by the Director, 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, information, property, 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;

[[Page 45337]]

                (i) Establish and maintain defense intelligence 
                relationships and defense intelligence exchange 
                programs with selected cooperative foreign defense 
                establishments, intelligence or security services of 
                foreign governments, and international organizations, 
                and ensure that such relationships and programs are in 
                accordance with sections 1.3(b)(4), 1.3(b)(21) and 
                1.7(a)(6) of this order;

                (j) Conduct such administrative and technical support 
                activities within and outside the United States as are 
                necessary to provide for cover and proprietary 
                arrangements, to perform the functions described in 
                sections (a) though (i) above, and to support the 
                Intelligence Community elements of the Department of 
                Defense; and

                (k) Use the Intelligence Community elements within the 
                Department of Defense identified in section 1.7(b) 
                through (f) and, when the Coast Guard is operating as 
                part of the Department of Defense, (h) above to carry 
                out the Secretary of Defense's responsibilities 
                assigned in this section or other departments, 
                agencies, or offices within the Department of Defense, 
                as appropriate, to conduct the intelligence missions 
                and responsibilities assigned to the Secretary of 
                Defense.

                1.11 The Department of Homeland Security. In addition 
                to the authorities exercised by the Office of 
                Intelligence and Analysis of the Department of Homeland 
                Security under sections 1.4 and 1.7(i) of this order, 
                the Secretary of Homeland Security shall conduct, 
                through the United States Secret Service, activities to 
                determine the existence and capability of surveillance 
                equipment being used against the President or the Vice 
                President of the United States, the Executive Office of 
                the President, and, as authorized by the Secretary of 
                Homeland Security or the President, other Secret 
                Service protectees and United States officials. No 
                information shall be acquired intentionally through 
                such activities except to protect against use of such 
                surveillance equipment, and those activities shall be 
                conducted pursuant to procedures agreed upon by the 
                Secretary of Homeland Security and the Attorney 
                General.

                1.12 The Department of Energy. In addition to the 
                authorities exercised by the Office of Intelligence and 
                Counterintelligence of the Department of Energy under 
                sections 1.4 and 1.7(i) of this order, the Secretary of 
                Energy shall:

                (a) Provide expert scientific, technical, analytic, and 
                research capabilities to other agencies within the 
                Intelligence Community, as appropriate;

                (b) Participate in formulating intelligence collection 
                and analysis requirements where the special expert 
                capability of the Department can contribute; and

                (c) Participate with the Department of State in overtly 
                collecting information with respect to foreign energy 
                matters.

                1.13 The Federal Bureau of Investigation. In addition 
                to the authorities exercised by the intelligence 
                elements of the Federal Bureau of Investigation of the 
                Department of Justice under sections 1.4 and 1.7(g) of 
                this order and under the supervision of the Attorney 
                General and pursuant to such regulations as the 
                Attorney General may establish, the Director of the 
                Federal Bureau of Investigation shall provide technical 
                assistance, within or outside the United States, to 
                foreign intelligence and law enforcement services, 
                consistent with section 1.3(b)(20) and (21) of this 
                order, as may be necessary to support national or 
                departmental missions.

                Sec. 3. Part 2 of Executive Order 12333, as amended, is 
                further amended by:

                (a) In section 2.1, striking the first sentence and 
                inserting in lieu thereof: ``Timely, accurate, and 
                insightful information about the activities, 
                capabilities, plans, and intentions of foreign powers, 
                organizations, and persons, and their agents, is 
                essential to informed decisionmaking in the areas of 
                national security, national defense, and foreign 
                relations.``;

                (b) In section 2.1, inserting a comma after 
                ``innovative'';

[[Page 45338]]

                (c) In section 2.2, inserting ``, the spread of weapons 
                of mass destruction,`` after ``international terrorist 
                activities'' in the first sentence;

                (d) In the first sentence of section 2.3, striking 
                ``Agencies within the'' and inserting in lieu thereof 
                ``Elements of the'', inserting a comma after 
                ``retain'', striking ``agency'' and inserting in lieu 
                thereof ``Intelligence Community element'', and 
                inserting ``or by the head of a department containing 
                such element'' after ``concerned'';

                (e) In section 2.3, inserting ``, after consultation 
                with the Director'' preceding the period at the end of 
                the first sentence;

                (f) In section 2.3, inserting a comma after 
                ``retention'' in the second sentence;

                (g) In section 2.3(b), striking ``FBI'' and inserting 
                in lieu thereof ``Federal Bureau of Investigation 
                (FBI)'';

                 (h) In section 2.3(b), striking ``agencies'' and 
                inserting in lieu thereof ``elements'' each time it 
                appears;

                (i) In section 2.3(c), striking ``narcotics'' and 
                inserting in lieu thereof ``drug,'';

                (j) In section 2.3(d), inserting a comma after 
                ``victims'';

                (k) In section 2.3(e), striking ``sources or methods'' 
                and inserting in lieu thereof ``sources, methods, and 
                activities'';

                (l) In section 2.3(e), striking ``agencies'' and 
                inserting in lieu thereof ``elements'' and striking 
                ``agency'' and inserting in lieu thereof ``element'';

                (m) In section 2.3(g), inserting a comma after 
                ``physical'';

                (n) In section 2.3(h), striking ``and'';

                (o) In section 2.3(i), striking ``federal'' and 
                inserting in lieu thereof ``Federal'' and inserting a 
                comma after ``local'';

                (p) In the last sentence of section 2.3, striking 
                ``agencies within'' and inserting in lieu thereof 
                ``elements of'', striking ``, other than information 
                derived from signals intelligence,'', striking 
                ``agency'' and inserting in lieu thereof ``element'' in 
                both instances and inserting immediately before the 
                period: ``, except that information derived from 
                signals intelligence may only be disseminated or made 
                available to Intelligence Community elements in 
                accordance with procedures established by the Director 
                in coordination with the Secretary of Defense and 
                approved by the Attorney General'';

                (q) In the first three sentences of section 2.4, 
                striking ``Agencies within'' and inserting in lieu 
                thereof ``Elements of''; striking ``Agencies'' and 
                inserting in lieu thereof ''Elements of the 
                Intelligence Community''; and striking ``agency'' and 
                inserting in lieu thereof ``Intelligence Community 
                element concerned or the head of a department 
                containing such element'';

                (r) In the second sentence of section 2.4, inserting 
                ``, after consultation with the Director`` after 
                ``Attorney General'';

                (s) In section 2.4(a), striking ``CIA'' and inserting 
                in lieu thereof ``Central Intelligence Agency (CIA)'';

                (t) In section 2.4(b) and (c), striking ``agencies'' 
                and inserting in lieu thereof ``elements of the 
                Intelligence Community''.

                (u) In section 2.4(b)(2), striking the period and 
                inserting in lieu thereof a semicolon;

                (v) In section 2.4(c)(1), striking ``agency'' and 
                inserting in lieu thereof ``element'';

                (w) In section 2.4(c)(2), striking the period and 
                inserting in lieu thereof ``; and'';

                (x) In section 2.4(d) striking ``than'' and inserting 
                in lieu thereof ``that'';

                (y) In section 2.5, striking the final sentence and 
                inserting in lieu thereof ``The authority delegated 
                pursuant to this paragraph, including the authority

[[Page 45339]]

                to approve the use of electronic surveillance as 
                defined in the Foreign Intelligence Surveillance Act of 
                1978, as amended, shall be exercised in accordance with 
                that Act.'';

                (z) In section 2.6, inserting ``and other Civil'' 
                before ``Authorities'' in the caption and striking 
                ``Agencies within'' and inserting in lieu thereof 
                ``Elements of'';

                (aa) In section 2.6(a), inserting a comma after 
                ``property'' and striking ``agency'' and inserting in 
                lieu thereof ``element'';

                (bb) In section 2.6(c), striking ``General Counsel'' 
                and inserting in lieu thereof ``general counsel'', and 
                striking ``agency'' and inserting in lieu thereof 
                ``element or department'' in the second sentence;

                (cc) In section 2.6(d), inserting ``or other civil'' 
                before ``authorities'';

                (dd) In section 2.7, striking ``Agencies within'' and 
                inserting in lieu thereof ``Elements of'';

                (ee) In section 2.9, striking ``agencies within'' and 
                inserting in lieu thereof ``elements of'', and striking 
                ``agency within'' and inserting in lieu thereof 
                ``element of'' the first time it appears and 
                ``Intelligence Community element'' the second and third 
                times it appears;

                (ff) In section 2.9, striking ``his'' and inserting in 
                lieu thereof ``such person's'';

                (gg) In section 2.9, inserting ``or the head of a 
                department containing such element'' before ``and 
                approved by the Attorney General``, and inserting '', 
                after consultation with the Director'' after ``the 
                Attorney General'';

                (hh) In section 2.10, striking ``agency within'' and 
                inserting in lieu thereof ``element of'', and inserting 
                a comma after ``contract for'';

                (ii) In section 2.12, striking ``agency'' and inserting 
                in lieu thereof ``element''; and

                (jj) At the end of Part 2, inserting a new section 2.13 
                as follows: ``2.13 Limitation on Covert Action. No 
                covert action may be conducted which is intended to 
                influence United States political processes, public 
                opinion, policies, or media.''.

                Sec. 4. Part 3 of Executive Order 12333, as amended, is 
                further amended by:

                (a) In section 3.1, striking ``of Central 
                Intelligence''; inserting ``elements,'' after 
                ``agencies,''; and striking ``special'' and inserting 
                in lieu thereof ``covert action'';

                (b) Striking section 3.2 and inserting in lieu thereof: 
                ``3.2 Implementation. The President, supported by the 
                NSC, and the Director shall issue such appropriate 
                directives, procedures, and guidance as are necessary 
                to implement this order. Heads of elements within the 
                Intelligence Community shall issue appropriate 
                procedures and supplementary directives consistent with 
                this order. No procedures to implement Part 2 of this 
                order shall be issued without the Attorney General's 
                approval, after consultation with the Director. The 
                Attorney General shall provide a statement of reasons 
                for not approving any procedures established by the 
                head of an element in the Intelligence Community (or 
                the head of the department containing such element) 
                other than the FBI. In instances where the element head 
                or department head and the Attorney General are unable 
                to reach agreements on other than constitutional or 
                other legal grounds, the Attorney General, the head of 
                department concerned, or the Director shall refer the 
                matter to the NSC.'';

                (c) Striking section 3.3 and inserting in lieu thereof: 
                `` 3.3 Procedures. The activities herein authorized 
                that require procedures shall be conducted in 
                accordance with existing procedures or requirements 
                established under Executive Order 12333. New 
                procedures, as required by Executive Order 12333, as 
                further amended, shall be established as expeditiously 
                as possible. All new procedures promulgated pursuant to 
                Executive Order 12333, as amended, shall be made 
                available to the Select Committee on Intelligence

[[Page 45340]]

                of the Senate and the Permanent Select Committee on 
                Intelligence of the House of Representatives.'';

                (d) Inserting after section 3.3 the following new 
                section: `` 3.4 References and Transition. References 
                to ``Senior Officials of the Intelligence Community'' 
                or ``SOICs'' in executive orders or other Presidential 
                guidance, shall be deemed references to the heads of 
                elements in the Intelligence Community, unless the 
                President otherwise directs; references in Intelligence 
                Community or Intelligence Community element policies or 
                guidance, shall be deemed to be references to the heads 
                of elements of the Intelligence Community, unless the 
                President or the Director otherwise directs.'';

                (e) Striking ``3.4 Definitions'' and inserting in lieu 
                thereof ``3.5 Definitions'';

                (f) Amending the definition of `` Counterintelligence'' 
                in section 3.5(a), as renumbered, by inserting 
                ``identify, deceive, exploit, disrupt, or'' before 
                ``protect against espionage'', inserting ``or their 
                agents,'' after ``persons,'', inserting ``organizations 
                or activities'' after terrorist, and striking 
                ``activities, but not including personnel, physical, 
                document or communications security programs'';

                (g) Striking section 3.5(b)-(h), as renumbered, and 
                inserting in lieu thereof:

``(b) Covert action means an activity or activities of the United States 
Government to influence political, economic, or military conditions abroad, 
where it is intended that the role of the United States Government will not 
be apparent or acknowledged publicly, but does not include:

(1) Activities the primary purpose of which is to acquire intelligence, 
traditional counterintelligence activities, traditional activities to 
improve or maintain the operational security of United States Government 
programs, or administrative activities;

 (2) Traditional diplomatic or military activities or routine support to 
such activities;

 (3) Traditional law enforcement activities conducted by United States 
Government law enforcement agencies or routine support to such activities; 
or

(4) Activities to provide routine support to the overt activities (other 
than activities described in paragraph (1), (2), or (3)) of other United 
States Government agencies abroad.

(c) 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.

(d) Employee means a person employed by, assigned or detailed to, or acting 
for an element within the Intelligence Community.

(e) Foreign intelligence means information relating to the capabilities, 
intentions, or activities of foreign governments or elements thereof, 
foreign organizations, foreign persons, or international terrorists.

(f) Intelligence includes foreign intelligence and counterintelligence.

(g) Intelligence activities means all activities that elements of the 
Intelligence Community are authorized to conduct pursuant to this order.

(h) Intelligence Community and elements of the Intelligence Community 
refers to:

(1) The Office of the Director of National Intelligence;

(2) The Central Intelligence Agency;

(3) The National Security Agency;

(4) The Defense Intelligence Agency;

(5) The National Geospatial-Intelligence Agency;

(6) The National Reconnaissance Office;

(7) The other offices within the Department of Defense for the collection 
of specialized national foreign intelligence through reconnaissance 
programs;

[[Page 45341]]

(8) The intelligence and counterintelligence elements of the Army, the 
Navy, the Air Force, and the Marine Corps;

(9) The intelligence elements of the Federal Bureau of Investigation;

(10) The Office of National Security Intelligence of the Drug Enforcement 
Administration;

(11) The Office of Intelligence and Counterintelligence of the Department 
of Energy;

(12) The Bureau of Intelligence and Research of the Department of State;

(13) The Office of Intelligence and Analysis of the Department of the 
Treasury;

(14) The Office of Intelligence and Analysis of the Department of Homeland 
Security;

(15) The intelligence and counterintelligence elements of the Coast Guard; 
and

(16) Such other elements of any department or agency as may be designated 
by the President, or designated jointly by the Director and the head of the 
department or agency concerned, as an element of the Intelligence 
Community.

(i) National Intelligence and Intelligence Related to National Security 
means all intelligence, regardless of the source from which derived and 
including information gathered within or outside the United States, that 
pertains, as determined consistent with any guidance issued by the 
President, or that is determined for the purpose of access to information 
by the Director in accordance with section 1.3(a)(1) of this order, to 
pertain to more than one United States Government agency; and that involves 
threats to the United States, its people, property, or interests; the 
development, proliferation, or use of weapons of mass destruction; or any 
other matter bearing on United States national or homeland security.

(j) The National Intelligence Program means all programs, projects, and 
activities of the Intelligence Community, as well as any other programs of 
the Intelligence Community designated jointly by the Director and the head 
of a United States department or agency or by the President. Such term does 
not include programs, projects, or activities of the military departments 
to acquire intelligence solely for the planning and conduct of tactical 
military operations by United States Armed Forces.''.

                (h) Redesignating the definition of `` United States 
                Person'' as section 3.5(k) and therein striking 
                ``agency'' and inserting in lieu thereof ``element'';

                (i) Striking section 3.5;

                (j) In section 3.6, striking ``Order No. 12036 of 
                January 24, 1978, as amended, entitled ``United States 
                Intelligence Activities,'' is'' and inserting in lieu 
                thereof ``Orders 13354 and 13355 of August 27, 2004, 
                are'', and inserting before the period ``; and 
                paragraphs 1.3(b)(9) and (10) of Part 1 supersede 
                provisions within Executive Order 12958, as amended, to 
                the extent such provisions in Executive Order 12958, as 
                amended, are inconsistent with this Order''; and

                (k) Inserting the following new section 3.7 to read as 
                follows:

                ``3.7 General Provisions.

                (a) Consistent with section 1.3(c) of this order, 
                nothing in this order shall be construed to impair or 
                otherwise affect:

(1) Authority granted by law to a department or agency, or the head 
thereof; or

(2) Functions of the Director of the Office of Management and Budget 
relating to budget, administrative, or legislative proposals.

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

                (c) This order is intended only to improve the internal 
                management of the executive branch and is not intended 
                to, and does not, create any

[[Page 45342]]

                right or benefit, substantive or procedural, 
                enforceable at law or in equity, by any party against 
                the United States, its departments, agencies or 
                entities, its officers, employees, or agents, or any 
                other person.''.

                Sec. 5. This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable by any party at law or in equity against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    July 30, 2008

[FR Doc. E8-17940
Filed 8-1-08; 8:45 am]
Billing code 3195-01-P