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,  plan*,  and 
intention*  of  foreign  powers,  organizations,  and  persons,  and  their  agents,  is 
essential  to  the  national  security  of  (he  United  States.  All  reasonable  and 
lawful  means  must  be  used  to  ensure  that  the  United  Stales  will  receive  the 
beat  intelligence  available.  Fcr  that  purpose,  by  virtue  of  the  authority  vested 
in  we  by  the  Constitution  and  statutes  of  the  United  Slates  of  America, 
including  the  National  Security  Act  of  1947.  as  amended,  and  as  President  of 
the  United  States  of  America,  in  order  to  provide  for  the  effective  conduct  of 
United  States  intelligence  activities  and  the  protection  of  constitutional  right', 
ft  is  hereby  ordered  as  follows: 
Parti 
Cooli.  Direction.  Duties  and  Responsibilities  With  Respect  to  the  National 
Intelligence  Effort 
S.l  Coals.  The  United  States  intelligence  effort  shall  provide  the  President 
and  the  National  Security  Council  with  the  necessary  information  on  which  to 
base  decisions  concerning  the  conduct  and  development  of  foreign,  defense 
and  economic  policy,  and  the  protection  of  United  States  national  interests 
from  foreign  security  threats.  All  departments  and  agencies  shall  cooperate 
fully  to  fulfill  this  goal. 
(a)  Maximum  emphasis  should  be  given  to  fostering  analytical  competition 
among  appropriate  elements  of  the  Intelligence  Community. 
(b)  All  means,  consistent  with  applicable  United  States  law  and  this  Order, 
and  with  full  consideration  of  the  rights  of  United  States  persona,  shall  b« 
used  to  develop  intelligence  information  for  the  President  and  the  National 
Security  Council.  A  balanced  approach  between  technical  collection  efforts 
and  other  means  should  be  maintained  and  encouraged. 
(c)  Special  emphasis  should  be  given  to  detecting  and  countering  espionige 
and  other  threats  and  activitiea  directed  by  foreign  intelligence  services 
against  the  United  State*  Government,  or  United  States  corporations,  estab- 
lishments, or  persons. 
(d)  To  the  greatest  extent  possible  consistent  with  applicable  United  States 
law  and  this  Order,  and  with  full  consideration  of  the  rights  of  United  State* 
persona,  all  agencies  and  departments  should  seek  to  ensure  full  and  free 
exchange  of  information  in  order  to  derive  maximum  benefit  from  the  United 
States  intelligence  effort. 
1 2.    The  National  Security  Council. 
(a)  Purpose.  The  National  Security  Council  (NSC)  was  established  by  the 
National  Security  Act  of  1947  to  advise  the  President  with  respect  to  the 
integration  of  domestic,  foreign  and  military  policies  relating  to  the  national 
security.  The  NSC  shall  act  as  the  highest  Executive  Branch  entity  that 
provides  review  of.  guidance  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  ita  functions  and  responsibilities  under  this  Order.  The  NSC 
or  a  committee  established  by  it.  shall  consider  snd  submit  to  the  President  a 
policy  recommendation,  including  all  dissents,  on  each  special  activity  and 
shall  review  proposals  for  other  sensitive  intelligence  operations. 
1 J    Notional  Foreign  Intelligence  Advisory  Croups. 
(a)  Establishment  and  Duties.  The  Director  of  Central  Intelligence  shall  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  htidtret:
EXECUTIVE  ORDERS  411 
(3)  Interagency  exchange*  of  foreign  intelligence  information: 
(4)  Arrangements  with  foreign  governments  on  intelligence  matters: 
(5)  Protection  of  intelligence  sources  and  methods: 
(6)  Activities  of  common  concern:  and 
(7)  Such  other  matters  as  may  be  referred  by  the  Director  of  Central  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  organizations  involved  in  the  collection,  processing  and  analysis  of  intelli- 
gence. A  senior  representative  of  the  Secretary  of  Commerce,  the  Attorney 
General,  the  Assistant  to  the  President  for  National  Security  Affairs,  and  the 
Office  of  the  Secretary  of  Defense  shall  be  invited  to  participate  in  any  group 
which  deals  with  other  than  substantive  intelligence  {natters. 
1.4  The  Intelligence  Community.  The  agencies  within  the  Intelligence  Com- 
munity shall,  in  accordance  with  applicable  United  States  law  and  with  the 
other  provisions  of  this  Order,  conduct  intelligence  activities  necessary  for  the 
conduct  of  foreign  relations  and  the  protection  of  the  national  security  of  the 
United  States,  including: 
(a)  Collection  of  information  needed  by  the  President,  the  National  Security 
Council,  the  Secretaries  of  State  and  Defense,  and  other  Executive  branch 
officials  for  the  performance  of  their  duties  and  responsibilities: 
(b)  Production  and  dissemination  of  intelligence: 
(c)  Collection  of  information  concerning,  and  the  conduct  of  activities  to 
protect  against,  intelligence  activities  directed  against  the  United  States, 
international  terrorist  and  international  narcotics  activities,  and  other  hostile 
activities  directed  against  the  United  States  by  foreign  powers,  organizations, 
persons,  and  their  agents; 
(d)  Special  activities: 
(e)  Administrative  and  support  activities  within  the  United  States  and  abroad 
necessary  for  the  performance  of  authorized  activities:  and 
(f)  Such  other  intelligence  activities  as  the  President  may  direct  from  time  to 
time. 
1.5  Director  of  Central  Intelligence.  In  order  to  discharge  the  duties  and 
responsibilities  prescribed  by  law.  the  Director  of  Central  Intelligence  shall  be 
responsible  directly  to  the  President  and  the  NSC  and  shall: 
(a)  Act  as  the  primary  adviser  to  the  President  and  the  NSC  on  national 
foreign  intelligence  and  provide  the  President  and  other  officials  in  the 
Executive  Branch  with  national  foreign  intelligence; 
(b)  Develop  such  objectives  and  guidance  for  the  Intelligence  Community  as 
will  enhance  capabilities  for  responding  to  expected  future  needs  for  national 
foreign  intelligence; 
(c)  Promote  the  development  and  maintenance  of  services  of  common  concern 
by  designated  intelligence  organizations  on  behalf  of  the  Intelligence  Commu- 
nity; 
(d)  Ensure  implementation  of  special  activities;
412  EXECUTIVE  ORDERS 
(e)  Formulate  policies  concerning  foreign  intelligence  and  counterintelligence 
arrangements  with  foreign  governments,  coordinate  foreign  intelligence  and 
counterintelligence  relationships  between  agencies  of  the  Intelligence  Commu- 
nity and  the  intelligence  or  interna!  security  services  of  foreign  governments, 
and  establish  procedures  governing  the  conduct  of  liaison  by  any  department 
or  agency  with  such  services  on  narcotics  activities; 
(f)  Participate  m  the  development  of  procedures  approved  by  the  Attorney 
Genera!  governing  criminal  narcotics  intelligence  activities  abroad  to  ensure 
that  these  activities  are  consistent  with  foreign  intelligence  programs; 
(gj  Ensure  the  establishment  by  the  Intelligence  Community  of  common 
security  and  access  standards  for  managing  and  handling  foreign  intelligence 
systems,  information,  and  products; 
(h)  Ensure  that  programs  are  developed  which,  protect  intelligence  sources, 
methods,,  and  analytical  procedures; 
(i)  Establish  uniform  crheria  for  the  determination  of  relative  priorities  for  the 
transmission  of  critical  national  foreign  intelligence,  and  advise  the  Secretary 
of  Defense  concerning  the  communications  requirements  of  the  Intelligence 
Community  for  the  transmission  of  such  intelligence; 
(j)  Establish  appropriate  staffs,  committees,  or  other  advisory  groups  to  assist 
in  the  execution  of  the  Director's  responsibilities; 
(It)  Have  full  responsibility  for  production  and  dissemination  of  national 
foreign  intelligence,  and  authority  to  levy  analytic  tasks  on  departmental 
intelligence  production  organizations,  in  consultation  with  those  organiza- 
tions, ensuring  that  appropriate  mechanisms  for  competitive  analysis  are 
developed  so  that  diverse  points  of. view  are  considered  fully  end  differences 
of  judgment  within  the  Intelligence  Community  are  brought  to  the  attention  of 
national  policymakers; 
(1)  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 
pud  military  commands; 
(m)  Establish  mechanisms  which  translate  national  foreign  intelligence  objec- 
tives and  priorities  approved  by  the  NSC  into  specific  guidance  for  the 
Intelligence  Community,  resolvs  conflicts  in  tasking  priority,  provide  to  de- 
partments and  agencies  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  required  collection  tasking  authority  to 
the  Secretary  of  Defense  when  directed  by  the  President: 
(n)  Develop,  with  the  advice  of  She  program  managers  and  departments  and 
agencies  concerned,  the  consolidated  National  Foreign  Intelligence  Program 
budget,  and  present  it  to  the  President  and  the  Congress; 
(o)  Review  and  approve  all  requests  for  reprogramming  National  Foreign 
Intelligence  Program  funds.  ;n  accordance  with  guidelines  established  by  the 
Office  of  Management  and  Budget; 
(p)  Monitor  National  Foreign  Intelligence  Program  implementation,  and.  as 
necessary,  conduct  program  and  performance  audits  and  evaluations; 
(q)  Together  with  the  Secretary  of  Defense,  ensure  that  there  is  no  unneces- 
sary overlap  between  national  foreign  intelligence  programs  and  Department 
of  Defense  intelligence  programs  consistent  with  the  requirement  to  develop 
competitive  analysis,  and  provide  to  and  obtain  from  the  Secretary  of  Defense 
all  information  necessary  for  this  purpose;
EXECUTIVE  ORDERS  413 
(r)  In  accordance  with  law  and  relevant  procedures  approved  by  the  Attorney 
General  under  this  Order,  give  the  heads  of  the  departments  end  agencies 
access  to  all  intelligence,  developed  by  the  CIA  or  the  staff  elements  of  the 
Director  of  Central  Intelligence,  relevant  to  the  national  intelligence  needs  of 
the  departments  and  agencies:  and 
(s)  Facilitate  the  use  of  national  foreign  intelligence  products  by  Congress  in  a 
secure  manner. 
1.6  Duties  and  Responsibilities  of  the  Heads  of  Executive  Branch  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  t^y  the  program  .managers  and  heads  of 
component  activities  of  proposed  national  programs  and  budgets  in  the  format 
designated  by  the  Director  of  Central  Intelligence,  and  shall  also  ensure  that 
the  Director  of  Central  Intelligence  is  provided,  in  a  timely  and  responsive 
manner,  all  information  necessary  to  perform  the  Director's  program  and 
budget  responsibilities. 
(c)  The  heads  of  departments  and  agencies  involved  in  the  National  Foreign- 
Intelligence  Program  may  appeal  to  the  President  decisions  by  the  Director  of 
Central  Intelligence  on  budget  or  reprogramming  matters  of  the  National 
Foreign  Intelligence  Program. 
1.7  Senior  Officials  of  the  Intelligence  Community.  The  heads  of  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  Attorney  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)  Furnish  the  Director  of  Central  Intelligence  and  the  NSC.  in  accordance 
with  applicable  law  and  procedures  approved  by  the  Attorney  General  under 
this  Order,  the  information  required  for  the  performance  of  their  respective 
duties; 
(d)  Report  to  the  Intelligence  Oversight  Board,  and  keep  the  Director  of 
Central  Intelligence  appropriately  informed,  concerning  any  intelligence  activ- 
ities of  their  organizations  that  they  have  reason  to  believe  may  be  unlawful 
or  contrary  to  Executive  order  or  Presidential  directive; 
(e)  Protect  intelligence  and  intelligence  sources  and  methods  from  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:
414  EXECUTIVE  ORDERS 
(g)  Participate  in  the  development  of  procedures  approved  by  the  Attorney 
General  governing  production  and  dissemination  of  intelligence  resulting  from 
criminal  narcotics  intelligence  activities  abroad  if  their  departments,  agencies, 
or  organizations  have  intelligence  responsibilities  for  foreign  or  domestic 
narcotics  production  and  trafficking: 
(h'J  Instruct  their  employees  to  cooperate  fully  with  the  Intelligence  Oversight 
Board;  and 
(i)  Ensure  that  the  Inspectors  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.  AH  duties  and  responsibilities  of  the 
CIA  shall  be  related  to  the  intelligence  functions  set  out  below.  As  authorized 
by  this  Order  the  National  Security  Act  of  1947.  as  amended;  the  CIA  Act  of 
1949.  as  amended;  appropriate  directive*  or  other  applicable  law.  the  CIA 
•hall: 
(a)  Collect,  produce  and  disseminate  foreign  intelligence  and  counterintelli- 
gence, including  information  not  otherwise  obtainable.  The  collection  of  for- 
eign intelligence  or  counterintelligence  within  the  United  States  shall  be 
coordinated  with  the  FBI  as  required  by  procedures  agreed  upon  by  the 
Director  of  Central  Intelligence  and  the  Attorney  General; 
(b)  Collect,  produce  and  disseminate  intelligence  on  foreign  aspects  of  narcot- 
ics production  and  trafficking; 
(c)  Conduct  counterintelligence  activities  outside  the  United  States  and.  with- 
out assuming  or  performing  any  internal  security  functions,  conduct  counterin- 
telligence activities  within  the  United  States  in  coordination  with  the  FBI  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 
departments  and  agencies; 
(e)  Conduct  special  activities  approved  by  the  President.  No  agency  except  the 
CLA  (or  the  Armed  Forces  of  the  United  States  in  time  of  war  declared  by 
Congress  or  during  any  period  covered  by  a  report  from  the  President  to  the 
Congress  under  the  War  Powers  Resolution  (87  Stat.  855))  may  conduct  any 
special  activity  unless  the  President  determines  that  another  agency  is  more 
likely  to  achieve  a  particular  objective; 
(f)  Conduct  services  of  common  concern  for  the  Intelligence  Community  as 
directed  by  the  NSC; 
(g)  Carry  out  or  contract  for  research,  development  and  procurement  of 
technical  systems  and  devices  relating  to  authorized  functions; 
(h)  Protect  the  security  of  its  installations,  activities,  information,  property, 
and  employees  by  appropriate  means,  including  such  investigations  of  appli- 
cants, employees,  contractors,  and  other  persons  with  similar  associations 
with  the  CLA  ad  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  arrangements. 
1.9     The  Department  of  State.  The  Secretary  of  State  shall: 
(a)  Overtly  collect  information  relevant  to  United  States  foreign  policy  con- 
cern*;
EXECUTIVE  ORDERS  415 
(b)  Produce  and  disseminate  foreign  intelligence  relating  to  United  States 
foreign  policy  as  required  for  the  execution  of  the  Secretary's  responsibilities: 
(c)  Disseminate,  as  appropriate,  reports  received  from  United  States  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,  activitieo  to  determine 
the  existence  and  capability  of  surveillance  equipment  being  used  against  the 
President  of  the  United  States,  the  Executive  Office  of  the  President,  and.  as 
authorized  by  the  Secretary  of  the  Treasury  or  the  President,  other  Secret 
Service  protectees  and  United  States  officials.  No  information  shall  be  ac- 
quired intentionally  through  such  activities  except  to  protect  against  such 
surveillance,  and  those  activities  shall  be  conducted  pursuant  to  procedures 
agreed  upon  by  the  Secretary  of  the  Treasury  and  the  Attorney  General. 
1.11  The  Department  of  Defense.  The  Secretary  of  Defense  shall; 
(a)  Collect  national  foreign  intelligence  and  be  responsive  to  collection  tasking 
by  the  Director  of  Central  Intelligence; 
(b)  Collect,  produce  and  disseminate  military  and  military-related  foreign 
intelligence  and  counterintelligence  as  required  for  execution  of  the  Secre- 
tary's responsibilities; 
(c)  Conduct  programs  and  missions  necessary  to  fulfill  national,  departmental 
and  tactical  foreign  intelligence  requirements: 
(d)  Conduct  counterintelligence  activities  in  support  of  Department  of  Defente 
components  outside  the  United  States  in  coordination  with  the  CIA.  and 
within  the  United  States  in  coordination  with  the  FBI  pursuant  to  procedures 
agreed  upon  by  the  Secretary  of  Defense  and  the  Attorney  General; 
(e)  Conduct,  as  the  executive  agent  of  the  United  States  Government,  signals 
intelligence  and  communications  security  activities,  except  as  otherwise  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  with 
similar  associations  with,the  Department  of  Defense  as  are  necessary; 
(i)  Establish  and  maintain  military  intelligence  relationships  and  military 
intelligence  exchange  programs  with  selected  cooperative  foreign  defense 
establishments  and  international  organizations,  and  ensure  tha't  such  relation-
416 
 EXECUTIVE  ORDERS   
ships  and  programs  arc  in  accordance  with  policies  formulated  by  the  Director 
of  Central  Intelligence: 
(j)  Direct,  operate,  control  and  provide  fiscal  management  for  the  National 
Security  Agency  and  for  defense  and  military  intelligence  and  national  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  Secretory  of  Defense.  In  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  milMary-relatcd  intelligence  for  the  Secretary  of  Defense,  the  Joint 
Chiefs  of  Staff,  other  Defense  components,  and.  as  appropriate.  non-Defense 
agencies: 
(2)  Collection  and  provision  of  military  intelligence  for  national  foreign  intelli- 
gence and  counterintelligence  products: 
(3)  Coordination  of  all  Department  of  Defense  intelligence  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)  Control  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  Director  of  Central 
Intelligence; 
(6)  Collection,  processing  and  dissemination  of  signals  intelligence  information 
for  counterintelligence  purposes; 
(7)  Provision  of  signals  intelligence  support  for  the  conduct  of  military  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  417 
(8)  Executing  the  responsibilities  of  the  Secretary  of  Defense  as  executive 
agent   for  the  communications   security   of  the   United   States  Government: 
(9)  Conduct  of  research  and  development  to  meet  the  needs  of  the  United 
States  for  signals  intelligence  and  communications  security; 
(10)  Protection  of  the  security  of  its  installations,  activities,  property,  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  Held  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 
regulations; 
(12)  Conduct  of  foreign  cvyptologic  liaison  relationships,  with  liaison  for 
intelligence  purposes  conducted  in  accordance  with  policies  formulated  by  the 
Director  of  Central  Intelligence;  and 
(13)  Conduct  of  such  administrative  and  technical  support  activities  within 
and  outside  the  United  States  at  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 
Director  of  Central  Intelligence:  and 
(3)  Delegating  authority  to  the  various  departments  and  agencies  for  research, 
development,  procurement,  and  operation  of  designated  means  of  collection. 
(d)  The  foreign  intelligence  and  counterintelligence  elements  of  the  Army, 
Navy.  Air  Force,  and  Marine  Corps,  whose  responsibilities  shall  include: 
(1)  Collection,  production  and  dissemination  of  military  and  military-related 
foreign  intelligence  and  counterintelligence,  and  information  on  the  foreign 
aspects  of  narcotics  production  and  trafficking.  When  collection  is  conducted 
in  response  to  national  foreign  intelligence  requirements,  it  will  be  conducted 
In  accordance  with  guidance  from  the  Director  of  Central  Intelligence.  Collec- 
tion of  national  foreign  intelligence,  not  otherwise  obtainable,  outside  the 
United  States  shall  be  coordinated  with  the  CIA.  and  such  collection  within 
the  United  States  shall  be  coordinated  with  the  FBI; 
(2)  Conduct  of  counterintelligence  activities  outside  the  United  States  in 
coordination  with  the  CIA.  and  within  the  United  States  in  coordination  with 
the  FBI:  and 
(3)  Monitoring  of  the  development,  procurement  and  management  of  tactical 
intelligence  systems  and  equipment  and  conducting  related  research,  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.
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  Federal  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  Stales  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,  to.  support  the  communica- 
tions security  activities  of  the  United  States  Government; 
(d)  Produce  and  disseminate  foreign  intelligence  and  counterintelligence;  and 
(e)  Carry  out  or  contract  for  research,  development  and  procurement  of 
technical  systems  and  devices  relating  to  the  functions  authorized  above. 
Part  2 
Conduct  of  Intelligence  Activities 
2.1  Need.  Accurate  and  timely  information  about  the  capabilities,  intentions 
and  activities  of  foreign  powers,  organizations,  or  persons  and  their  agents  is 
essential  to  informed  decisionmaking  in  the  areas  of  national  defense  and 
foreign  relations.  Collection  of  such  information  is  a  priority  objective  and  will 
be  pursued  in  a  vigorous,  innovative  and  responsible  manner  that  is  consistent 
with  the  Constitution  and  applicable  law  and  respectful  of  the  principles  upon 
which  the  United  States  was  founded. 
12  Purpose.  This  Order  is  intended  to  enhance  human  and  technical  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  applicable  laws,  are  intended  to  achieve  the  proper  balance  between 
the  acquisition  of  essential  information  and  protection  of  individual  interests. 
Nothing  in  this  Order  shall  be  construed  to  apply  to  or  interfere  with  any 
authorized  civil  or  criminal  law  enforcement  responsibility  of  any  department 
or  agency.  » 
2.3  Collection  of  Information.  Agencies  within  the  Intelligence  Community 
are  authorized  to  collect,  retain  or  disseminate  information  concerning  United 
States  persons  only  in  accordance  with  procedures  established  by  the  head  of
EXECUTIVE  ORDERS  419 
ihe  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  information: 
(a)  Information  that  is  publicly  available  or  collected  with  the  consent  of  the 
person  concerned; 
(bj  Information  constituting  foreign  intelligence  or  counterintelligence,  includ- 
ing such  information  concerning  corporations  or  other  commercial  organiza- 
tions. Collection  within  the  United  States  of  foreign  intelligence  not  otherwise 
obtainable  shall  be  undertaken  by  the  FBI  or.  when  significant  foreign  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)  Information  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, 
including  those  who  are  targets,  victims  or  hostages  of  international  terrorist 
organizations: 
(e)  Information  needed  to  protect  foreign  intelligence  or  counterintelligence 
sources  or  methods  from  unauthorized  disclosure.  Collection  within  the  United 
States  shall  be  undertaken  by  the  FBI  except  thai  other  agencies  of  the 
Intelligence  Community  may  also  collect  such  information  concerning  present 
or  former  employees,  present  or  former  intelligence  agency  contractors  or  their 
present  or  former  employees,  or  applicants  for  any  such  employment  or 
contracting: 
(f)  Information  concerning  persons  who  are  reasonably  believed  to  be  poten- 
tial sources  or  contacts  for  the  purpose  cf  determining  their  suitability  or 
credibility; 
(g)  Information  arising  out  of  a  lawful  personnel,  physical  or  communications 
security  investigation; 
(h)  Information  acquired  by  overhead  reconnaissance  not  directed  at  specific 
United  States  persons; 
(i)  Incidentally  obtained  information  that  may  indicate  involvement  in  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 
information,  other  than  information  derived  from  signal*  intelligence,  to  each 
appropriate  agency  within  the  Intelligence  Community  for  purposes  of  allow- 
ing the  recipient  agency  to  determine  whether  the  information  is  relevant  to  its 
responsibilities.and  can  be  retained  by  it. 
2.4  Collection  Techniques.  Agencies  within  the  Intelligence  Community  shall 
use  the  least  intrusive  collection  techniques  feasible  within  the  United  States 
or  directed  against  United  States  persons  abroad.  Agencies  fire  not  authorized 
to  use  such  techniques  as  electronic  surveillance,  unconsented  physical 
search,  mail  surveillance,  physical  surveillance,  or  monitoring  devices  unless 
they  are  in  accordance  with  procedures  established  by  the  head  of  the  agency 
concerned  and  approved  by  the  Attorney  Ceneral.  Such  procedures  shall 
protect  constitutional  and  other  legal  rights  and  limit  use  of  such  information 
to  lawful  governmental  purposes.  These  procedures  shall  not  authorize:
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  physical  searches  in  the  United  States  by  agencies  other  than 
the  FBI.  except  for 
(1)  Searches  by  counterintelligence  elements  of  the  military  services  directed 
against  military  personnel  within  the  United  States  or  abroad  for  intelligence 
purposes,  when  authorized  by  a  military  commander  empowered  to  approve 
physical  searches  for  law  enforcement  purposes,  based  upon  a  finding  of 
probable  cause  to  believe  that  such  persons  are  acting  as  agents  of  foreign 
powers:  and 
(2)  Searches  by  CIA  of  personal  properly  of  non-United  States  persons 
lawfully  in  its  possession. 
(c)  Physical  surveillance  of  a  United  States  person  in  the  United  States  by 
agencies  other  then  the  FBI.  except  for: 
(1)  Physical  surveillance  of  present  or  former  employees,  present  or  former 
intelligence  agency  contractors  or  their  present  of  former  employees,  or 
applicants  for  any  such  employment  or  contracting:  and 
(2)  Physical  surveillance  of  a  military  person  employed  by  a  nonintelligence 
element  of  a  military  service. 
(d)  Physical  surveillance  of  a  United  States  person  abroad  to  collect  foreign 
intelligence,  except  to  obtain  significant  information  that  cannot  reasonably 
be  acquired  by  other  means. 
2.5  Attorney  General  Approval.  The  Attorney  General  hereby  is  delegated 
the  power  to  approve  the  use  for  intelligence  purposes,  within  the  United 
States  or  against  a  United  States  person  abroad,  of  any  technique  for  which  a 
warrant  would  be  required  if  undertaken  for  law  enforcement  purposes, 
provided  that  such  techniques  shall  not  be  undertaken  unless  the  Attorney 
General'  has  determined  in  each  case  that  there  is  probable  cause  to  believe 
that  the  technique  is  directed  against  a  foreign  power  or  an  agent  of  a  foreign 
power.  Electronic  surveillance,  as  defined  in  the  Foreign  Intelligence  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  Intelli- 
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  inia  Order,  participate  In  law 
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  eft 
endangered,  to  support  local  law  enforcement  agencies.  Provision  of  assist* 
ance  by  expert  personnel  shall  be  approved  in  each  case  by  the  Gen«r»i 
Counsel  of  the  providing  agency;  and  * 
(d)  Render  any  other  assistance  and  cooperation  to  law  enforcement  authori- 
ties not  precluded  by  applicable  law. 
2.7  Contracting.  Agencies  within  the  Intelligence  Communityare  •ujJ|^^ 
to  ent^  into  contracts  or  arrangements  for  the  provision  of  good*  f*  *fJyl^~ 
with  pnvate  companies  or  institutions  in  the  United  States  and  neeo  mm
EXECUTIVE  ORDERS  421 
reveal  the  tponsortiiip  of  fuch  contracts  or  arrangements  for  authorized 
intelligence  purposes.  Contracts  or  arrangements  with  academic  institutions 
may  be  undertaken  only  with  the  consent  of  appropriate  officials  of  the 
institution. 
2.6  Consistency  With  Other  Laws.  Nothing  in  this  Order  shall  be  construed 
to  authorize  any  activity  in  violation  of  the  Constitution  or  statutes  of  the 
United  States. 
US  Undisclosed  Participation  in  Organizations  Within  the  United  States.  No 
one  acting  en  behalf  of  agencies  within  the  Intelligence  Community  may  join 
or  otherwise,  participate  in  any  organization  in  the  United  States  on  behalf  of 
any  agency  within  the  Intelligence  Community  without  disclosing  his  intelli- 
gence affiliation  to  appropriate  officials  of  the  organization,  except  in  accord- 
ance with  procedures  established  by  the  head  of  the  agency  concerned  and 
approved  by  the  Attorney  General.  Such  participation  aha!!  be  authorized  only 
if  i!  is  essential  to  achieving  lawful  purposes  as  determined  by  the  agency 
head  or  designee.  No  such  participation  may  be  undertaken  for  the  purpose  of 
influencing  the  activity  of  the  organization  or  its  members  except  in  cases 
where: 
(a)  The  participation  ie  undertaken  cr.  behalf  of  the  FBI  in  the  course  of  a 
lawful  investigation;  or 
(b)  The  organization  concerned  is  composed  primarily  of  individuals  who  are 
not  United  States  persons  and  is  reasonably  believed  to  be  acting  on  behalf  of 
a  foreign  power. 
2.1C  Human  Experimentation.  No  agency  within  the  intelligence  Community 
.shall  sponsor,  contract  for  or  conduct  research  on  human  subjects  exctspt  in 
accordance  with  guidelines  issued  by  the  Department  of  Health  and  Human 
Services.  The  subject's  informed  consent  shall  be  documented  as  required  by 
those  guidelines. 
2.11  Prohibition  on  Assassination.  No  person  employed  by  or  acting  on 
behalf  of  the  United  States  Government  shall  engage  in.  or  conspire  to  engage 
in,  assassination. 
2.12  Indirect  Participation.  No  agency  of  th-2  Intelligence  Community  shall 
participate  in  or  request  any  person  to  undertake  activities  forbidden  by  this 
Order. 
Part  3 
General  Provisions 
3.1  Congressional  Oversight  The  duties  and  responsibilities  o?  the  Director 
of  Central  Intelligence  and  the  heads  of  other  departments,  agencies,  and 
entities  engaged  in  intelligence  nclivities  to  cooperate  with  the  Congress  in  the 
conduct  of  its  responsibilities  for  oversight  of  intelligence  activities  shall  be  as 
provided  in  title  50.  United  States  Code,  section  413.  The  requirements  of 
section  662  of  the  Foreign  Assistance  Act  of  1961.  as  amended  (22  U.S.C.  2422). 
and  section  601  of  the  Nationr.l  Security  Act  of  1947.  as  amended  (50  U.S.C 
413).  shall  apply  to  all  special  activities  as  defined  in  this  Order. 
3.2  Implementation.  The  NSC  the  Secretary  of  Defense,  the  Attorney  Gener- 
al, and  the  Director  of  Central  intelligence  shell  issue  such  appropriate 
directives  and  procedures  as, are  necessary  to  implement  this  Order.  Heads  of 
agencies  within  the  Intelligence  Community  shall  issue  appropriate  supple- 
mentary directives  and  procedures  consistent  with  this  Order.  The  Attorney 
General  shall  provide  a  statement  of  reasons  for  not  approving  any  proce- 
dures established  by  the  nead  of  an  agency  in  the  Intelligence  Community 
other  than  th?  FBI.  The  National  Security  Council  may  establish  procedures  in
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.  All  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 J  Counterintelligence  means  information  gathered  and  activities  conducted 
to  protect  against  espionage,  other  intelligence  activities,  sabotage,  or  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  a  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. 
(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  all  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  Program  includes  the  programs  listtd 
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  Jnte »l»I«Jj* 
Program,  and  the- programs  of  the  offices  within  the  Department  of  Defend  w 
the  collection  of  specialized  national  foreign  intelligence  through  reconAAis*
EXECUTIVE  ORDERS  423 
aance.  except  8uch  elements  as  the  Director  of  Central  Intelligence  and  the 
Secretary  of  Defense  agree  should  be  excluded: 
(3)  Other  programs  of  agencies  within  the  Intelligence  Community  designated 
jointly  by  the  Director  of  Central  Intelligence  and  the  head  of  the  department 
or  by  the  President  as  national  foreign  intelligence  or  counterintelligence 
activities: 
(4)  Activities  of  the  staff  elements  of  the  Director  of  Ceniral  Intelligence: 
(5)  Activities  to  acquire  the  intelligence  required  for  the  planning  and  conduc; 
of  tactical  operations  by  the  United  States  military  forces  are  not  included  in 
the  National  Foreign  Intelligence  Program. 
(h)  Special  activities  means  activities  conducted  in  support  of  national  foreign 
policy  objectives  abroad  which  are  planned  and  executed  so  that  the  role  of 
the  United  States  Government  is  not  apparent  or  acknowledged  publicly,  and 
functions  in  support  of  such  activities,  but  which  are  not  intended  to  influence 
United  States  political  processes,  public  opinion,  policies,  or  media  and  do  not 
include  diplomatic  activities  or  the  collection  and  production  of  intelligence  or 
related  support  functions. 
(i)  United  States  person  means  a  United  States  citizen,  an  alien  known  by  the 
intelligence  agency  concerned  to  be  a  permanent  resident  alien,  an  unincor- 
porated association  substantially  composed  of  United  States  citizens  or  per- 
manent resident  aliens,  or  a  corpera'jon  incorporated  in  the  United  States, 
except  for  a  corporation  directed  and  controlled  by  a  foreign  government  or 
government*. 
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^  CTNaaAAs.   \  <jL-*~^*-^