410 EXECUTIVE ORDERS EXECUTIVE ORDER NO. 12333 OF UNITED STATES INTELLIGENCE ACTIVITIES (December 4, 1981, 46 F.R. 59941) Timely and accurate information about the activities. capabilities. plans. and intentions of foreign powers, organizations. and persons, and their agents. is essential to th: national security of the United States. All reasonable and lawful means must be used to enaure. that the United States will receive the best intelligence available. Fer that purpose, by virtue of the authority vested in sae by U:e 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 Americe, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional right-. itis 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 Preside:t and the National Security Council with the necessary information on which to base decisions concerning the conduct and development of foreiga. 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 goa). (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 emphssis should be given to detecting and countering espion.xge and other threats and activities directed by foreign intelligence services against the United States Covernment, or United States corporations. estab- lishments. or persons. (d) To the greatest extent possible consistent with applicable United States law end this Order. and with full consideration of the rights of United States persons, all egencies and departments should seek to ensure full and free exchange of information in order to derive maximum benefit from the United States intelligence effort. 12 The National Security Council. (3) Purpose. The National Security Council (NSCj 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 fcr end 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 neces- sary to carry out its functions and responsibilities under this Order. The NSC. or a committee established by ft. 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. 13 National Foreign Intelligence Advisory Croupe. (a) Establishment and Duties. The Director of Central intelligence shal! estab- lish 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:
EXECUTIVE ORDERS (3) Interagency exchanges of foreign intelligence information: (4) Arrangements with foreign governments on intelligence mutters: (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 intelli- gence. (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 orgsnizations involved in the collection, processing and analysis of intelli- gence. A senior representative of the Secretary of Commerce, the Attomey 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. 14 The Intelligence Community. The agencies within the Intelligence Com- munity shall, in accordance with epplicable United States law and with the other provisions of this Order, conduct intelligence activities necessary for the conduct of foreign reletions 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 ranch officials for the performance of their duties and responsibilities; (b) Production and dissemmmation of inteltigence: (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 Centra] Intelligence. ln order to discharge the duties and responsibilities prescribed by law, the Director of Central Intelligence shal! 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 intelligerce 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 Commu- nity: ; (d) Ensure iraplementation of specie) activities; 411
412 EXECUTIVE ORDERS {e} Formulate policies concerning foreign intelligence and counterintelligence arrangements with foreign governments, coordinate foreign intelligence and counterintelligence relatiouships betwecn agencies of the Intelligence Commu- nity and the intelligence or internal security services of foreign governments, and establish procedures governing the conduct of liaison by any department or agency with euch services on narcotics activities; (f) Perticipate in the devclopment of procedures approved by the Attorney Genera! governing crimina) :arcotics intelligence activitizs abroad to ensure that these activities are consistent with foreign intelligerc2 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; (bh) Ensure that programs are develcped which protect intelligence sources, methods, and analyticai procedures; (i) Establish uniform criieria for the determination of zelative priorities for the transmission of critical national foreign intelligence, and advise the Secretary of Defense concerning the communications requirements o: 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 prcduction and dissemination of national foreign intelligence, and authority to levy analytic tasks on departmental intelligence production organizations, in consultation with those organiza- tions, ensuring that appropriate mechanisms for competitive analysis are developed so that diverse points of view are conzidered fully and differences of judgment within the Intelligence Community are brought to the attention of national policymakers; ii) 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 end military commands; {m) Establich mechanisms which trans!ate national foreign intelligence objec- tives and priorities approved by the NSC into specific guidance for the Intelligence Community. resoly2 conflicts in tasking priority. provide to de- partments and agex.cies having information collection capabilities that are not part cf 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 zequired ccllection tasking authority to the Secretary of Defense when directed by the Fresident: (n) Develop. with the advice of he program managers and departments and agencies concemed, the consolideted National Foreign Intelligence Program budget. and present it to the President and the Congress: (o) Review end approve all requests for reprogramming National Foreign Intelligence Pregram funds, in accordance with guidelines established by the Office of Nianagement and Budget; (p) Monitor National Foreign Intelligence Program implementation, and, as necessary, ccndu-t program and performance audits and evaluations; (q) Together with the Secretary of Defense. ensure that there !s no unneces- sary overlap between national forzign 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:
EXECUTIVE ORDERS (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 (8) 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 Depart- ments 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 ty 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 Centra] 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 depart- ments 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 Attomey General and the head of the department or agency concerned, in a manner consistent with the protec- tion of intelligence sources and methods, as specified in those procedures; (b) In any case involving serious or continuing breaches of security, recom- mend to the Attorney General that the case be referred to the FBI for further investigation: (c) Purnish 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 activ- ities of their organizations that they have reason to believe may be unlawful er contrary to Executive order or Presidential directive; (e) Protect intelligence and intelligence sources and methods from unauthor- ized disclosure consistent with guidance from the Director of Central Intelli- gence; (f} Disseminate intelligence to cooperating foreign governments under arrange- ments established or agreed to by the Director of Central Intelligence: 433
414 EXECUTIVE ORDERS (g) Participate in the developrient of procedures approved by the Attorney General governing production end dissemination of intelligence r2sulting from criminal! narcotics intelligence activities abroad if their departments, agencies, or organizations have inteltigerce r2sponsidilities for foreign or domestic narcotics production and trafficking: (hj Instruct their employees to cooperate fully with the Intelligence Oversight Board; and (i) Ensure that the Insp.2ctors General and General Counsels for their organiza- tions 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 shal! be related to the intelligence functions set out below. As authorized oy 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) Collest, produce and disseminate foreign intelligence and counterintelli- genc2, including information not otherwise obtainable. The collection of for- aign intelligence or counterintelligence within the United States shal] 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 narcot- ics production and trafficking, (c) Conduct counterintelligence activities outside the United States and, witk- out assuming or performing any internal secu:zity functions, conduct counterin- telligence activities within the United States in coordination with the FEI as required by procedures agreed upon the Director of Central Intelligence and the Attorney General: (d) Coordinate counterintelligence activities and the collection of information noi otherwise obtainable when conducted outside the United States by other depertments 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 repcrt from the President to the Congress under the V-'ar Powers Resolution (87 Stat. 855)) may conduct any spzcial activity urless the Presiden: determines that ano‘her agency is more likely to achieve a particular objective: (f) Corduct services of common concern for the Intelligence Community as directed by the NSC; (g) Carzvy out or contract for research, development and procurement of techrical systems and devices relating to authorized functions; (%) Protect the security of its installations, activities. information. property. and employees by appropriate means, including such investigations of appli- cants, 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) end through (h) above, including procurement and essential cover and proprietary afrangements. 1.9 The Department of State. The Secretary of State shall: (a) Overtly collect information relevant to United States foreign policy con- cerns:
EXECUTIVE ORDERS (b) Produce and disseminate foreign intelligence relating to United States foreign policy as required for the execution of the Secretary's respcnsibilities: (c) Disseminate, as appropriate, reports received from United States diplomat- ic 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 responsibil- ities; 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, az authorized by the Secretary of the Treasury or the President. other Secret Service protectees and United States officials. No information shall be ac- quired intentionally through such activities except to protect against such surveillance, and those activities shal) 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 Secre- tary’s reaponsibilities; (c) Conduct programs and missions necessary to fulfil! national, departmental and tactical foreign intelligence requirements: {d) Conduct counterinteliigence 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 sgent of the United States Government, signals intelligence and communications security activities, except as otherwise di- rected 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 witb similar associations with,the Department of Defense as are necessary: (i) Establish and maintain military intelligence relationships and military intelligerce exchange programs with selected cooperative foreign defense establishments and international organizations, and ensure that such relation- 415
416 EXECUTIVE ORDERS ee es ships and programs are in accordance with policies formulated by the Director of Central Intelligence; (j) Direct, operate, control and provide fiscal management for the Nationa} Security Agency and for defense and military intelligence and national recon- naissance entities; and (k} Conduct such administrative and technical support activities within and outside the United States as are necessary to perform the functions described in sections (a) through (j) above. 1.12 Intelligence Components Utilized by the Secretcry of Defense. \n carry- ing 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, nor-Defense agencies; {2) Collection and provision of military intelligence for national foreign intelli- gence and counterintelligence products; {3) Coordination of ali Department of Defense iatelligence collection require- ments; (4) Management of the Defense Attache system; and (5} Provision of foreign intelligence and counterintelligence staff support as directed by the Joint Chiefs of Steff. (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 Intelli- gence Community. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense: (2) Contro! of signals intelligence collection and processing activities, includ- ing 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 intelli- gence 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 Intelli- gence; (5) Dissemination of signals intelligence information for national foreign intel- ligence purposes to authorized elements of the Government. including the military services, in accordance with guidance from the Directcr of Central Intelligence: (6) Collection, processing and dissemination of sigzals intelligence information for counterintelligence purposes; (7) Provision of signals intelligence support for the conduct of military oper- ations 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:
EXECUTIVE ORDERS (8) Executing the responsibilities of the Secretary of Defense as executive agent for the communicatiors 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, ectivities, property. informa- tion, and employees by appropriate means, including such investigations of applicants, employees, contractors, and other persons with similar associ- ations with the NSA as are necessary: (11) Prescribing. within its field of authorized operations, security regulations covering operating practices, including the transmission, handling and distri- bution 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 regulatio:-rs; (12) Conduct of foreign czyptologic liaison relationships, with liaison for intelligence purposes conducted in accordance with policies formulated by the Director of Central Intelligence: and (13) Conduct cf 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 reconnais- sance programs, whose responsibilities shall include: (1) Carrying out consolidated reconnaissance programs for specialized intelli- gence; (2) Responding to tasking in accordance with procedures established by the Direcior 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 el2ments of the Army, Navy, Air Force, and Merine Corps, whose responsibilities shall include: (1} Collection. production and dissemination of milltary and military-related foreign intelligence and counterintelligence. and information on the foreign aspects of narcotics production and trafficking. When collection is conducted in response tc national foreign intelligence requirements, it will be conducted in accordance with guidance from the Director of Centra! Intelligence. Collec- tion of national foreign intelligence, not otherwise obtainabie, 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. develop- ment, 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. 417
418 EXECUTIVE ORDERS 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 agen- cies within the Intelligence Community. 1.14 The Federai Bureau of Investigation. Under the supervision of the Attorney Genera] 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 coun- terintelligence 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 coordi- nation 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 require- ments of other agencies within the Intelligence Community. or, when request- ed by the Director of the National Security Agency, ta support the communica- tions security activities of the United States Government; (d} Produce and disseminate foreign intelligence and counterintelligence; and 8 8 8 (2) Carry out or contract for research, development and procuremeni of technical systems and devices relating to the functions authorized above. Part 2 Conduct of Intelligence Activities 21 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 nationa! 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 technica! collec- tion 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 consist- ent with appiicable 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 concemming United States persons only in accordance with procedures established by the head of
EXECUTIVE ORDERS the agency concerned and approved by the Attorney Ceneral, consistent with the authorities provided by Part 1 of this Order. Those procedures shall permit collection. retention and dissemination of the following types of infonaation: (a) Information that is publicly available or collected with the consent of the person concerned; (b) Information constituting foreign intelligence or counterintelligence, includ- ing such information conceming corporations cr other commercial organiza- tions. Collection within the United States of foreign intelligence not otherwise obtainable shall be u:dertaken by the FBI or, when significant foreigs intelli- gence 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) Inforvnation obtained in the course of a lawful foreign intelligence, counter- intelligence, international narcotics or international terrorism investigation: (d) Information neeced to protect the safety of any persons or organizations, inctuding those who are targets, victims or hostages of international terrorist organizations; {e) Information needed to proteci foreign intelligence or counterintelligence sources or methods from uneuthorized 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 conceming present or former employees. present cr former intelligence agenzy contractors o7 their present or former employees, or applicants for any such employment or contracting: (fj laformation concerning persons who are reasonably believed to be potzn- tial sources or contacts for the purpoee cf determining their suisability or crecibility; (g) Information arising out of a lawful personnel. phycical or communications security investigation: (h) liformation acquired by overhead reconnaissance not directed at specific United States persons; (i) incidentally obtained information that may indicate involvement ii activi- ties that may violate federal, state, local or foreign iaws; and {j) Information necessary for administrative purposes. In addition, agencies within the Intelligence Community may disseminate iaformation. other than information derived from signals intclligence, to each appropriate agency within the Intelligence Community for purposes of allow- ing the recipient agency to determine :whethe: the information is relevant to its responsibilities and can be retained by it. 24 Collection Techniques. Agencies within the Intelligeace Community shall use the least intrusive collection techniques feasivle within the United States or directed against United States persons abroad. Agencies cre not authorized to use such techniques as electronic surveillance, unconsented physical search, mail surveillance. physical surveillance, or monitoring devices unless they are in eccordance with procedures established by the nead 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! f-urposes. These procedures shall not autho:ize: 419
420 EXECUTIVE ORDERS (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 physica! searches in the United States by agencies other than the FBL except for: (1) Searches by counterintelligence elements of the military services directed against military personne! 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 lawfuily in its possession. © (c) Physical surveillance of a United States person in the United States by agencies other thea 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 surveillcnce 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 8 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 Surveil- lance Act of 1978, shall be conducted in accordance with that Act, as well as this Order. 2.8 Assistance to Law Enforcement Authorities. Agencies within the Intelll- gence 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 inis Order, participate in lew enforcement activities to investigate or prevent clandestine intelligence activi- ties 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 ere endangered, to support local law enforcement agencies. Provision of assist: ance by expert personne! 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 suthort ties not precluded by applicable law. 27 Controcting. Agencies within the Intelligence Community are euthorised to entzr into contracts or arrangements for the provision of goods or ont with pnvate companies or institutions in the United States and neod
EXECUTIVE ORDERS reveal the sponsorsiip of such contracts or arrangements for authorized intelligence pusposes. Contracts or arrangements with academic institutions may be undertaken only with the consent of appropriatc officials of the institution. 28 Consistency With Other Laws. Nothing in this Order shall be construed to authorize any sctivity in violation of the Constitution or statutes of the United States. 2. Undisclosed Participation in Organizations Within the United States. No one acting cn behaeli of agencies within the Intelligence Community may join ‘or otherwise. participate in any organization in the United States on behalf of any agency withia tac Intelligenoe Community without disclosing his iatelli- gence affiliation to appropriate officials of the organization, except in accord- ance with procedures established by the head of the agency conc2med and approved by the Aitorney General. Such participation shail be authorized only if it is esscntial to achieving lawful purposes as determined by the agency head or designee. No such participation may be undertaken for the pury-ose of influencing the activity of the organization or its members except in cases where: — (a) The participation iz undertaken cn behalf of the FBI in the course of a lawful investigation; or (b) The organizaticn concemed is composed primarily of individuals who are not United States persons and is reasonably believed to be acting on behzlf of a foreign power. 21¢ Humon Experimentction. No agency within the Intelligence Community shali sponsor, contract for or conduct research on human subjects except in accordance with cuidelines issued by the Department of Hea!th and Human Services. The subject's informed consent shall be documented as required by those guidelines. 211 Prohibition on Assassination. No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, aszassinaticn. 2.12 Indirect Participation. No agency of th2 Intelligence ommunity shall participate in or request any person to undertake activities forbidden by this Order. Part 3 General Provisions 3.2 Congressionc! Oversigiit. The duties and responeibilitizs of the Director of Central Intelligence and the heads of other departments, agencies, and e:tities engaged in intelligence activities to cooperate with tiie Cong-ess in the conduct of its responsioilities for oversight of intelligence activities shall be as provided in title 50, United States Code, section 413. The requirements of section 662 oi the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2422), and section 501 of the Nations! Security Act of 1947, as amended (50 U.S.C. 413), shall apply to all specis! activities as defined in this Order. 3.2. Implementation. The NSC, the Secretary of Defense. the Attomey Gener- al, and the Director of Centra! intelligence shell issue such appropriate directives and procedures as,are necessery to implement this Order. Heads of agencies within the Iatelligence Community shall issue appropriate supple- mentary directives and procedures consistent with this Order. Tue Attorney General shall provide a statement of reasons for not approving any proce- dures established by the ‘head of an agency in the Intelligence Community other than th FBI. The National Security Council may establish procedures in 421
422 EXECUTIVE ORDERS 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. Al] procedures promulgated pursuant to this Order shall be made available to the congressional! intelligence commit- tees. 3.4 Definitions. For the purposes of this Order. the following terms shall have these meanings: (a) Counterinte!ligence means information gathered and activities conducted to protect against espionage. other intelligence activities. sabotage. of assassi- nations conducted for or on behalf of foreign powers, organizations or per- sons, 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 4 party to an electronic communication or, in the case of a nonelectronic communication, without the consent of a person who is visably present at the place of communication, but not including the use of radio direction-finding equipment solely to determine the location of a transmitter. a (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, inten- tions and activities of foreign powers, organizations or persons. but not including counterintelligence except for information on international terrorist activities. (e) Intelligence activities means a}) activities that agencies within the Intelli- gence 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 special- ized 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 Progrant includes the progrems 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 tlie offices within the Department of Defense for the collection of epecialized national foreign intelligence through reconnais:
EXECUTIVE ORDERS sance. except such elements as the Director of Ceniral 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 nead of the department or by the President as national foreign intelligence or counterintelligence activities: (4) Activities of the staff elements of the Directcer of Ceniral Intelligence: (5S) Activities to acquire the intelligence required fo: the planning and conduc? of tactical operations by the United States military forces are not included in the Nationa! Forcign Intelligence Program. (h) Special activities means activities conducted in support of nationa! foreign policy objectives auroad 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 tc influence United States political processes. public opinion, policies, ar 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 ;esident alien, an unincor- porated association substantially composed of United States citizens or per- manent resident aliens, or 3 corperaiion incorporated in the United States, cept for a corporation directed and controlled by a foreign government or gcvernments. 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. Q cna Rage 4 3