Executive Order l2333 - United States Intelligence Activities
Title 3
The President
Presidential Documents
Executive Order l2333 of December 4, 1981
United States Intelligence Activities
Table of Contents
Part 1. Goals, Direction, Duties, and Responsibilities With Respect
to the National Intelligence Effort
1.1 Goals
1.2 The National Security Council
1.3 National Foreign Intelligence Advisory Groups
1.4 The Intelligence Community
1.5 Director Central Intelligence
1.6 Duties and Responsibilities of the Heads of Executive
Branch Departments and Agencies
1.7 Senior Officials of the Intelligence Community
1.8 The Central Intelligence Agency
1.9 The Department of State
1.10 The Department of the Treasury
1.11 The Department of Defense
1.12 Intelligence Components Utilized by the Secretary
1.13 The Department of Energy
1.14 The Federal Bureau of Investigation
Part 2. Conduct of Intelligence Activities
2.1 Need
2.2 Purpose
2.3 Collection of Information
2.4 Collection Techniques
2.5 Attorney General Approval
2.6 Assistance to Law Enforcement Authorities
2.7 Contracting
2.8 Consistency With Other Laws
2.9 Undisclosed Participation in Organizations Within the United
States
2.10 Human Experimentation
2.11 Prohibition on Assassination
2.12 Indirect Participation
Part 3. General Provisions
3.1 Congressional Oversight
3.2 Implementation
3.3 Procedure
3.4 Definitions
3.5 Purpose and Effect
3.6 Revocation
Timely and accurate information about the activities, capabilities,
plans, and intentions of foreign powers, organizations, and persons, and
their agents, is essential to the national security of the United
States. All reasonable and lawful means must be used to ensure that
the United States will receive the best intelligence available. For
that purpose, by virtue of the authority vested in me by the
Constitution and statutes of the United States of America, including
the National Security Act of 1947, as amended, and as President of the
United States of America, in order to provide for the effective conduct
of United States intelligence activities and the protection of
constitutional rights, it is hereby ordered as follows:
Part 1.
Goal, Direction, Duties and Responsibilities With Respect to the
National Intelligence Effort
1.1 Goals. The United States intelligence effort shall provide the
President and the National Security Council with the necessary information
on which to base decisions concerning the conduct and development of
foreign, defense and economic policy. and the protection of United States
national interests from foreign security threats. All departments and
gencies shall cooperate fully to fulfill this goal.
(a) Maximum emphasis should be given to fostering analytical
competition among appropriate elements of the Intelligence Community.
(b) All means, consistent with applicable United States law and this
Order. and with full consideration of the rights of United States
persons, shall be used to develop intelligence information for the
President and the National Security Council. A balanced approach
between technical collection efforts and other means should be
maintained and encouraged.
(c) Special emphasis should be given to detecting and countering
espionage and other threats and activities directed by foreign
intelligence services against the United States Government, or United
States corporations, 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 States persons, all agencies and departments should seek to
ensure full and free exchange of information in order to derive
maximum benefit from the United States intelligence effort.
1.2 The National Security Council.
(a) Purpose. The National Security Council (NSC) was established by
the National Security Act of 1947 to advise the President with respect
to the Integration of domestic, foreign and military policies relating
to the national security. The NSC shall act as the highest Executive
Branch entity that provides review of. guidance for and direction to the
conduct of all national foreign intelligence, counterintelligence, and
special activities, and attendant policies and programs.
(b) Committees, The NSC shall establish such committees as may be
necessary to carry out its functions and responsibilities under this
Order. The NSC or a committee established by it, shall consider and
submit to the President a policy recommendation, including all
dissents, on each special activity and shall review proposals for other
sensitive intelligence operations.
1.3 National Foreign Intelligence Advisory Groups.
(a) Establishment and Duties. The Director of Central Intelligence
shall establish such boards, councils.... or groups as required for the
purpose of obtaining advice from within the Intelligence Community
concerning:
(1) Production, review and coordination of national foreign
intelligence;
(2) Priorities for the National Foreign Intelligence Program budget;
(3) Interagency exchanges of foreign intelligence information;
(4) Arrangements with foreign governments on intelligence matters;
(5) Protection of intelligence sources and methods;
(6) Activities of common concern; and
(7) Such other matters as may be referred by the Director of
Central Intelligence.
(b) Membership. Advisory groups established pursuant to this section
shall be chaired by the Director of Central Intelligence or his designated
representative and shall consist of senior representatives from
organizations within the Intelligence Community and from departments or
agencies containing such organizations, as designated by the Director
of Central Intelligence. Groups for consideration of substantive
intelligence matters will include representatives of organizations involved
in the collection, processing and analysis of intelligence. A senior
representative of the Secretary of Commerce, the Attorney General, the
Assistant to the President for National Security Affairs, and the Office
of the Secretary of Defense shall be invited to participate in any group
which deals with other than substantive intelligence matters.
1.4 The Intelligence Community. The agencies within the Intelligence
Community shall, in accordance with applicable United States law and with
the other provisions of this Order, conduct intelligence activities
necessary for the conduct of foreign relations and the protection of the
national security of the United States, including:
(a) Collection of information needed by the President, the National
Security Council, the Secretaries of State and Defense, and other
Executive Branch officials for the performance of their duties and
responsibilities;
(b)Production and dissemination of intelligence;
(c) Collection of information concerning, and the conduct of activities
to protect against, intelligence activities directed against the United
States, international terrorist and international narcotics activities,
and other hostile activities directed against the United States by foreign
powers, organizations, persons, and their agents;
(d) Special activities; .
(e) Administrative and support activities within the United States and
abroad necessary for the performance of authorized activities; and
(f) Such other intelligence activities as the President may direct from
time to time.
1.5 Director of Central Intelligence.
In order to discharge the duties and responsibilities prescribed by law,
the Director of Central Intelligence shall be responsible directly to
the President and the NSC and shall:
(a) Act as the primary adviser to the President and the NSC on national
foreign intelligence and provide the President and other officials in the
Executive Branch with national foreign intelligence;
(b) Develop such objectives and guidance for the Intelligence Community
as will enhance capabilities for responding to expected future needs for
national foreign intelligence;
(c) Promote the development and maintenance of services of common
concern by designated intelligence organizations on behalf of the
Intelligence Community;
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence and
counterintelligence arrangements with foreign governments; coordinate
foreign intelligence and counterintelligence relationships between
agencies of the Intelligence Community and the intelligence or internal
security services of foreign governments, and establish procedures
governing the conduct of liaison by any department or agency with such
services on narcotics activities;
(f) Participate in the development of procedures approved by the
Attorney General governing criminal narcotics intelligence activities
abroad to ensure that these activities are consistent with foreign
intelligence programs;
(g) Ensure the establishment by the Intelligence Community of common
security and access standards for managing and handling foreign
intelligence systems, information, and products;
(h) Ensure that programs are developed which protect intelligence
sources, methods, and analytical procedures;
(i) Establish uniform criteria for the determination of relative
priorities for the transmission of critical national foreign intelligence,
and advise the Secretary of Defense concerning the communications
requirements of the Intelligence Community for the transmission of such
intelligence;
(j) Establish appropriate staffs, committees, or other advisory
groups to assist in the execution of the Director's responsibilities;
(k) Have full responsibility for production and dissemination of
national foreign intelligence, and authority to levy analytic tasks on
departmentalintelligence production organizations, in consultation with
those organizations, ensuring that appropriate mechanisms for competitive
analysis are developed so that diverse points of view are considered fully
and differences of judgment within the Intelligence Community are brought
to the attention of national policymakers;
(l) Ensure the timely exploitation - and dissemination of data
gathered by national foreign intelligence collection means, and ensure
that the resulting intelligence is disseminated immediately to appropriate
government entities and military commands;
(m) Establish mechanisms which translate national foreign intelligence
objectives and priorities approved by the NSC into specific guidance for
the Intelligence Community, resolve conflicts in tasking priority, provide
to departments and agencies having information collection capabilities
that are not part of the National Foreign Intelligence Program advisory
tasking concerning collection of national foreign intelligence, and
provide for the development of plans and arrangements for transfer of
required collection tasking authority to the Secretary of Defense when
directed by the President;
(n) Develop, with the advice of the program managers and departments
and agencies concerned, the consolidated National Foreign Intelligence
Program budget, and present it to the President and the Congress;
(o) Review and approve all requests for reprogramming National Foreign
Intelligence Program funds, in accordance with guidelines established
by the Office of Management and Budget;
(p) Monitor National Foreign Intelligence Program implementation, and,
as necessary, conduct program and performance audits and evaluations;
(q) Together with the Secretary of Defense, ensure that there is no
unnecessary overlap between national foreign....intelligence programs and
Department of Defense intelligence programs consistent with the requirement
to develop competitive analysis, and provide to and obtain from the
Secretary of Defense all information necessary for this purpose;
(r) In accordance with law and relevant procedures approved by the
Attorney General under this Order, give the heads of the departments and
agencies access to all intelligence, developed by the CIA or the staff
elements of the Director of Central Intelligence, relevant to the national
intelligence needs of the departments and agencies; and
(s) Facilitate the use of national foreign intelligence products by
Congress in a secure manner.
1.6 Duties Responsibilities of the Heads of Executive Branch
Departments and Agencies.
(a) The heads of all Executive Branch departments and agencies shall,
in accordance with law and relevant procedures approved by the Attorney
General under this Order, give the Director of Central Intelligence access
to all information relevant to the national intelligence needs of the United
States, and shall give due consideration to the requests from the Director
of Central Intelligence for appropriate support for Intelligence Community
activities.
(b) The heads of departments and agencies involved in the National
Foreign Intelligence Program shall ensure timely development and submission
to the Director of Central Intelligence by the program managers and heads
of component activities of proposed national programs and budgets in the
format designated by the Director of Central Intelligence, and shall also
ensure that the Director of Central Intelligence is provided, in a timely
and responsive manner, all information necessary to perform the Director's
program and budget responsibilities.
(c) The heads of departments and agencies involved in the National
Foreign Intelligence Program may appeal to the President decisions by
the Director of Central Intelligence on budget or reprogramming matters
of the National Foreign Intelligence Program.
1.7 Senior Officials of the Intelligence Community. The heads of 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 protection of intelligence sources and methods, as
specified in those procedures;
(b) In any case involving serious or continuing breaches of security,
recommend to the Attorney General that the case be referred to the FBI for
further investigation;
(c) Furnish the Director of Central Intelligence and the NSC, in
accordance with applicable law and procedures approved by the Attorney
General under this Order, the information required for the performance
of their respective duties;
(d) Report to the Intelligence Oversight Board, and keep the Director
of CentralIntelligence appropriately informed, concerning any intelligence
activities of their organizations that they have reason to believe may be
unlawful or contrary to Executive order or Presidential directive;
(e) Protect intelligence and intelligence sources and methods from
unauthorized disclosure consistent with guidance from the Director of
Central Intelligence;
(f) Disseminate intelligence to cooperating foreign governments under
arrangements established or agreed to by the Director of Central
Intelligence;
(g) Participate in the development of procedures approved by the
Attorney General governing production and dissemination of intelligence
resulting from criminal narcotics intelligence activities abroad if their
departments, agencies, or organizations have intelligence responsibilities
for foreign or domestic narcotics production and trafficking;
(h) Instruct their employees to cooperate fully with the Intelligence
Oversight Board; and
(i) Ensure that the Inspectors General and General Counsels for their
organizations have access to any information necessary to perform their
duties assigned by this Order.
1.8 The Central Intelligence Agency. All duties and responsibilities of
the CIA shall be related to the intelligence functions set out below. As
authorized by this Order; the National Security Act of 1947, as amended;
the CIA Act of 1940, as amended; appropriate directives or other applicable
law, the CIA shall:
(a) Collect, produce and disseminate foreign intelligence and
counterintelligence, including information not otherwise obtainable.
The collection of foreign intelligence or counterintelligence within the
United States shall be coordinated with the FBI as required by procedures
agreed upon by the Director of Central Intelligence and the Attorney
General;
(b) Collect, produce and disseminate intelligence on foreign aspects
of narcotics production and trafficking;
(c) Conduct counterintelligence activities outside the United States
and, without assuming or performing any internal security functions,
conduct counterintelligence activities within the United States in
coordination with the FBI as required by procedures agreed upon the
Director of Central Intelligence and the Attorney General:
(d) Coordinate counterintelligence activities and the collection of
information not otherwise~ obtainable when conducted outside the United
States by other departments and agencies;
(e) Conduct special activities approved by the President. No agency
except the CIA (or the Armed Forces of the United States in time of war
declared by Congress or during any period covered by a report from the
President to the Congress under the War Powers Resolution (87 Stat. 855))
may conduct any special activity unless the President determines that
another agency is more likely to achieve a particular objective;
(f) Conduct services of common concern for the Intelligence Community
as directed by the NSC;
(g) Carry out or contract, for research, development and procurement
of technical systems and devices relating~to authorized functions;
(h) Protect the security of its installations, activities, information,
property, and employees by appropriate means, including such investigations
of applicants, employees, contractors, and other persons with similar
associations with the CIA as are necessary; and
(i) Conduct such administrative and technical support activities within
and outside the United States as are necessary to perform the functions
described in sections (a) and through (h) above, including procurement
and essential cover and proprietary arrangements.
1.9 The Department of State. The Secretary of State shall:
(a) Overtly collect information relevant to United States foreign policy
concerns;
(b) Produce and disseminate foreign intelligence relating to United
States foreign policy as required for the execution of the Secretary's
responsibilities;
(c) Disseminate, as appropriate, reports received from United States
diplomatic and consular posts;
(d) Transmit reporting requirements of the Intelligence Community to
the Chiefs of United States Missions abroad; and
(e) Support Chiefs of Missions in discharging their statutory
responsibilities for direction and coordination of mission activities.
1.10 The Department af the Treasury. The Secretary of the Treasury shall:
(a) Overtly collect foreign financial~and monetary information;
(b) Participate with the Department of-State in the overt collection of
general foreign economic information;
(c) Produce and disseminate foreign intelligence relating to United
States economic policy as required for the execution of the Secretary's
responsibilities; and
(d) Conduct, through the United States Secret Service, activities to
determine the existence and capability of surveillance equipment being
used against the President of the United States, the Executive Office
of the President, and, as authorized by the Secretary of the Treasury or
the President, other Secret Service protectees and United States officials.
No information shall be acquired intentionally through such activities
except to protect against such surveillance, and those activities shall
be conducted pursuant to procedures agreed upon by the Secretary of the
Treasury and the Attorney General.
1.11 The Department of Defense. The Secretary of Defense shall:
(a) Collect national foreign intelligence and be responsive to collection
tasking by the Director of Central Intelligence;
(b) Collect, produce and disseminate military and military-related
foreign intelligence and counterintelligence as required for execution
of the Secretary's responsibilities;
(c) Conduct programs and missions necessary to fulfill national
departmental and tactical foreign intelligence requirements;
(d) Conduct counterintelligence activities in support of Department
of Defense components outside the United States in coordination with
the CIA, and within the United States in coordination with the FBI
pursuant to procedures agreed upon by the Secretary of Defense and
the Attorney General;
(e) Conduct, as the executive agent of the United States Government,
signals intelligence and communications security activities, except as
otherwise directed by the NSC;
(f) Provide for the timely transmission of critical intelligence, as
defined by the Director of Central Intelligence, within the United
States Government;
(g) Carry out or contract for research, development and procurement
of technical systems and devices relating to authorized intelligence
functions;
(h) Protect the security of Department of Defense installations,
activities, property, information, and employees by appropriate means,
including such investigations of applicants, employees, contractors,
and other persons with similar associations with the Department of Defense
as are necessary;
(i) Establish and maintain military intelligence relationships and
military intelligence exchange programs with selected cooperative foreign
defense establishments and international organizations, and ensure that
such relationships and programs are in accordance with policies formulated
by the Director of Central Intelligence;
(j) Direct, operate, control, and provide fiscal management for the
National Security Agency and for defense and military intelligence and
national reconnaissance entities; and
(k) Conduct such administrative and technical support activities within
and outside the United States as are necessary to perform the functions
described in sections (a) through in) above.
1.12 Intelligence Components Utilized by the Secretary of Defense. In
carrying out the responsibilities assigned in section 1.11, the Secretary
of Defense is authorized to utilize the following:
(a) Defense Intelligence Agency, whose responsibilities shall include;
(1) Collection, production, or, through tasking and coordination,
provision of military and military-related intelligence for the Secretary
of Defense, the Joint Chiefs of Staff, other Defense components, and, as
appropriate, non-Defense agencies;
(2) Collection and provision of military intelligence for national
foreign intelligence and counterintelligence products:
(3) Coordination of all Department of Defense intelligence collection
requirements;
(4) Management of the Defense Attache system; and
(5) Provision of foreign intelligence and counterintelligence staff
support as directed by the Joint Chiefs of Staff.
(b) National Security Agency whose responsibilities shall include:
(1) Establishment and operation of an effective unified organization
for signals intelligence activities, except for the delegation of
operational control over certain operations that are conducted through
other elements of the Intelligence Community. No other department or
agency may engage in signals intelligence activities except pursuant to
a delagation by the Secretary of Defense:
(2) Control of signals intelligence collection and processing
activities, including assignment of resources to an appropriate agent for
such periods and tasks as required for the direct support of military
commanders;
(3) Collection of signals intelligence information for national
foreign intelligence purposes in accordance with guidance from the
Director of Central Intelligence;
(4) Processing of signals intelligence data for national foreign
intelligence purposes in accordance with guidance from the Director of
Central Intelligence;
(5) Dissemination of signals intelligence information for national
foreign intelligence purposes to authorized elements of the Government,
including the military servicesï in accordance with guidance from the
Director of Central Intelligence;
(6) Collection, processing and dissemination of signals intelligence
information for counterintelligence purposes;
(7) Provision of signals intelligence support for the conduct of
military operations in accordance with tasking. priorities, and standards
of timeliness assigned by the Secretary of Defense. If provision of such
support requires use of national collection systems, these systems will
be tasked within existing guidance from the Director of Central
Intelligence;
(8) Executing the responsibilities of the Secretary of Defense as
executive agent for the communications security of the United States
Government:
(9) Conduct of research and development to meet the needs of the
United States for signals intelligence and communications security;
(10) Protection of the security of its installations, activities,
property. information, and employees by appropriate means, including such
investigations of applicants, employees, contractors, and other persons
with similar associations with the NSA as are necessary;
(11) Prescribing, within its field of authorized operations, security
regulations covering operating practices, including the transmission,
handling and distribution of signals intelligence and communications
security material within and among the elements under control of the
Director of the NSA, and exercising the necessary supervisory control to
ensure compliance with the regulations;
(12) Conduct of foreign cryptologic liaison relationships, with liaison
for Intelligence purposes conducted in accordance with policies formulated
by the Director of Central Intelligence; and
(13) Conduct of such administrative and technical support activities
within and outside the United States as are necessary to perform th
functions described In sections (1) through (12) above, including
procurement.
(c) Offices for the collection of specialized intelligence through
reconnaissance programs, whose responsibilities shall include:
(1) Carrying out consolidated reconnaissance programs for specialized
intelligence;
(2) Responding to tasking in accordance with procedures established
by the Director of Central Intelligence; and
(3) Delegating authority to the various departments and agencies for
research, development, procurement, and operation of designated means of
collection.
(d) The foreign intelligence and counterintelligence elements of the
Army, Navy, Air Force, and Marine Corps, whose responsibilities shall
include:
(1) Collection, production and dissemination of military and military-
related foreign intelligence and counterintelligence, and
information on the foreign aspects of narcotics production and
trafficking. When collection is conducted in response to national
foreign intelligence requirements, it will be conducted in accordance
with guidance from the Director of Central Intelligence. Collection of
national foreign intelligence, not otherwise obtainable, outside the
United States shall be coordinated with the CIA. and such collection
within the United States shall be coordinated with the FBI;
(2) Conduct of counterintelligence activities outside the United
States coordination with the CIA. and within the United States in
coordination with the FBI; and
(3) Monitoring of the development, procurement and management of
tactical intelligence systems and equipment and conducting related
research, development and test and evaluation activities.
(e) Other offices within the Department of Defense appropriate for
conduct of the intelligence missions and responsibilities assigned to the
Secretary of Defense. If such other offices are used for intelligence
purposes, the provision of Part 2 of this Order shall apply to those offices
when used for those purposes.
1.13 The Department of Energy. The Secretary of Energy shall:
(a) Participate with the Department of State in overtly collecting
information with respect to foreign energy matters;
(b) Produce and disseminate foreign intelligence necessary for the
Secretary's responsibilities;
(c) Participate in formulating intelligence collection and analysis
requirements where the special expert capability of the Department can
contribute; and
(d) Provide expert technical, analytical and research capability to
other agencies within the Intelligence Community.
1.14 The Federal Bureau of Investigation. Under the supervision of the
Attorney General and pursuant to such regulations as the Attorney General
may establish, the Director of the FBI shall:
(a) Within the United States conduct counterintelligence and coordinate
counterintelligence activities of other agencies within the Intelligence
Community. When a counterintelligence activity of the FBI involves military
or civilian personnel ofthe Department of Defense, the FBI shall coordinate
with the Department of Defense;
(b) Conduct counterintelligence activities outside the United States in
coodination with the CIA as required by procedures agreed upon by the
Director of Central Intelligence and the Attorney General;
(c) Conduct within the United States, when requested by officials of
the Intelligence Community designated by the President, activities
undertaken to collect foreign intelligence or support foreign intelligence
collection requirements of other agencies within the Intelligence
Community, or, when requested by the Director of the National Security
Agency, to support the communications security activities of the United
States Government;
(d) Produce and disseminate foreign intelligence and counterintelligence;
and
(e) Carry out or contract for research, development and procurement of
technical systems and devices relating to the functions authorized above
Part 2
Conduct of Intelligence Activities
2.1 Need. Accurate and timely information about the capabilities intentions
and activities of foreign powers, organizations, or persons and their agents
is essential to informed decision making in the areas of national defense
and foreign relations. Collection of such information is a priority objective
and will be pursued in a vigorous, innovative and responsible manner that is
consistent with the Constitution and applicable law and respectful of the
principles upon which the United States was founded.
2.2 Purpose. This Order is intended to enhance human and technical
collection techniques, especially those undertaken abroad, and the
acquisition of significant foreign intelligence, as well as the detection
and countering of international terrorist activities and espionage conducted
by foreign powers. Set forth below are certain general principles that, in
addition to and consistent with applicable laws are intended to achieve
the proper balance between the acquisition of essential information and
protection of individual interests. Nothing in this Order shall be
construed to apply to or interfere with any authorized civil or criminal
law enforcement responsibility of any department or agency.
2.3 Collection of Information. Agencies within the Intelligence Community
are authorized to collect. retain or disseminate information concerning
United States persons only in accordance with procedures established by the
head of the agency concerned and approved by the Attorney General, consistent
with the authorities provided by Part 1 of this Order. Those procedures shall
permit collection, retention and dissemination of the following types of
information:
(a) Information that is publicly available or collected with the consent
of the person concerned;
(b) Information constituting foreign intelligence or counterintelligence,
including such information concerning corporations or other commercial
organizations. Collection within the United States of foreign intelligence
not otherwise obtainable shall be undertaken by the FBI or, when significant
foreign intelligence is sought, by other authorized agencies of the
Intelligence Community provided that no foreign intelligence collection by
such agencies may be undertaken for the purpose of acquiring information
concerning the domestic activities of United States persons;
(c) Information obtained in the course of a lawful foreign intelligence,
counterintelligence, international narcotics or international terrorism
investigation;
(d) Information needed to protect the safety of any persons or
organizations, including those who are targets, victims or hostages of
international terrorist organizations;
(e) Information needed to protect foreign intelligence or
counterintelligence sources or methods from unauthorized disclosure.
Collection within the United States shall be undertaken by the FBI except
that other agencies of the Intelligence Community may also collect such
information concerning present or former employees, present or former
intelligence agency contractors or their present or former employees, or
applicants for any such employment or contracting;
(f) Information concerning persons who are reasonably believed to be
potential sources or contacts for the purpose of determining their
suitability or credibility;
(g) Information arising out of a lawful personnel, physical or
communications security investigation;
(h) Information acquired by overhead reconnaissance not directed at
specific United States persons;
(i) Incidentally obtained information that may indicate involvement in
activities that may violate federal, state, local or foreign laws; and
(j) Information necessary for administrative purposes. In addition,
agencies within the Intelligence Community may disseminate information,
other than information derived from signals intelligence, to each appropriate
agency within the Intelligence Community for purposes of allowing the
recipient agency to determine whether the information is relevant to its
responsibilities,and can be retained by it.
2.4 Collection Techniques. Agencies within the Intelligence Community
shall use the least intrusive collection techniques feasible within
the United States or directed against United States persons abroad.
Agencies are not authorized to use such techniques as electronic
surveillance, unconsented physical search, mail surveillance, physical
surveillance. or monitoring devices unless they are in accordance with
procedures established by the head of the agency concerned and approved
by the Attorney General. Such procedures shall protect constitutional
and other legal rights and limit use of such information to lawful
governmental purposes. These procedures shall not authorize:
(a) The CIA to engage in electronic surveillance within the United
States except for the purpose of training, testing. or conducting
countermeasures to hostile electronic surveillance;
(b) Unconsented physical searches in the United States by agencies
other than the FBI, except for:
(1) Searches by counterintelligence elements of the military services
directed against military personnel within the United States or abroad for
intelligence purposes, when authorized by a military commander empowered
to approve physical searches for law enforcement purposes. based upon a
finding of probable cause to believe that such persons are acting as agents
of foreign powers; and
(2) Searches by CIA of personal property of non-United States persons
lawfully in its possession.
(c) Physical surveillance of a United States person in the United States
by agencies other than the FBI, except for:
(1) Physical surveillance of present or former employees, present or
former intelligence agency contractors or their present of former employees,
or applicants for any such employment or contracting; and
(2) Physical surveillance of a military person employed by a
nonintelligence element of a military service.
(d) Physical surveillance of a United States person abroad to collect
foreign intelligence. except to obtain significant information that cannot
reasonably be acquired by other means.
2.5 Attorney General Approval. The Attorney General hereby is delegated
the power to approve the use for intelligence purposes, within the United
States or against a United States person abroad, of any technique for
which a warrant would be required if undertaken for law enforcement
purposes, provided that such techniques shall not be undertaken unless the
Attorney General has determined in each case that there is probable cause
to believe that the technique is directed against a foreign power or an
agent of a foreign power. Electronic surveillance, as defined in the
Foreign Intelligence Surveillance Act of 1978, shall be conducted in
accordance with that Act, as well as this Order.
2.6 Assistance to Law Enforcement Authorities. Agencies within the
Intelligence Community are authorized to:
(a) Cooperate with appropriate law enforcement agencies for the purpose
of protecting the employees, information, property and facilities of any
agency within the Intelligence Community;
(b) Unless otherwise precluded by law or this Order, participate in
law enforcement activities to investigate or prevent clandestine intelligence
activities by foreign powers, or international terrorist or narcotics activities;
(c) Provide specialized equipment, technical knowledge, or assistance
of expert personnel for use by any department or agency, or, when lives
are endangered, to support local law enforcement agencies. Provision of
assistance by expert personnel shall be approved in each case by the General
Counsel of the providing agency; and
(d) Render any other assistance and cooperation to law enforcement
authorities not precluded by applicable law.
2.7 Contracting. Agencies within the Intelligence Community are authorized
to enter into contracts or arrangements for the provision of goods or
services with private companies or institutions in the United States and
need not reveal the sponsorship of such contracts or arrangements for
authorized intelligence purposes. Contracts or arrangements with academic
institutions may be undertaken onlywith the consent of appropriate officials
of the institution.
2.8 Consistency With Other Laws. Nothing in this Order shall be construed
to authorize any activity in violation of the Constitution or statutes or
United States.
2.9 Undisclosed Participation In Organizations Within the United States.
No one acting on behalf of agencies within the Intelligence Community may
join or otherwise participate in any organization in the United States on
behalf any agency within the Intelligence Community without disclosing his
intelligence affiliation to appropriate officials of the organization,
except in accordance with procedures established by the head of the agency
concerned and approved by the Attorney General. Such participation shall
be authorized on if it is essential to achieving lawful purposes as
determined by the agency head or designee. No such participation may be
undertaken for the purpose influencing the activity of the organization or
its members except in case where
(a) The participation is undertaken on behalf of the FBI in the course
of lawful investigation; or
(b) The organization concerned is composed primarily of individuals who
are not United States persons and is reasonably believed to be acting on
behalf of a foreign Power.
2.10 Human Experimentation. No agency within the Intelligence Community
shall sponsor, contract for or conduct research on human subjects except
in accordance with guidelines issued by the Department of Health and Human
Services. The subject's informed consent shall be documented as required
by those guidelines.
2.11 Prohibition on Assassination. No person employed by or acting on
behalf of the United States Government shall engage in, or conspire to
engage in, assassination.
2.12 Indirect Participation. No agency of the Intelligence Community
shall participate in or request any person to Undertake activities
forbidden by this Order.
Part 3
General Provisions
3.1 Congressional Oversight The duties and responsibilities of the
Director of Central Intelligence and the heads of other departments,
agencies, and entities engaged in intelligence activities to cooperate with
the Congress in the conduct of its responsibilities for oversight of
intelligence activities shall be as provided in title 50, United States
Code, section 413. The requirements of section 662 of the Foreign Assistance
Act of 1961, as amended (22 U.S.C. 2422), and section 501 of the National
Security Act of 1947, as amended (50 U.S.C. 413), shall apply to all special
activities as defined in this Order.
3.2 Implementation. The NSC, the Secretary of Defense. the Attorney
General, and the Director of Central Intelligence shall issue such
appropriate directives and Procedures as are necessary to implement
this Order. Heads of agencies within the Intelligence Community shall
issue appropriate supplementary directives and procedures consistent with
this Order. The Attorney General shall provide a statement of reasons for
not approving any procedures established by the head of an agency in the
Intelligence Community other than the FBI. The National Security Council
may establish procedures in instances where the agency head and the
Attorney General are unable to reach agreement on other than constitutional
or other legal grounds.
3.3 Procedures. Until the procedures required by this Order have been
established, the activities herein authorized which require procedures
shall be conducted in accordance with existing procedures or requirements
established under Executive Order No. 12036. Procedures required by this
Order shall be established as expeditiously as possible. All procedures
promulgated pursuant to this Order shall be made available to the
congressional intelligence committees.
3.4 Definitions. For the purposes of this Order, the following terms shall
have these meanings:
(a) Counterintelligence means information gathered and activities
conducted to protect against espionage, other intelligence activities,
sabotage, or assassinations conducted for or on behalf of foreign powers,
organizations or persons, or international terrorist activities, but not
including personnel, physical, document or communications security programs.
(b) Electronic surveillance means acquisition of a nonpublic
communication by electronic means without the consent of a person who is
a party to an electronic communication or, in the case of a nonelectronic
communication, without the consent of a person who is 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.,
intentions and activities of foreign powers, organizations or persons, but
not including counterintelligence except for information on international
terrorist activities.
(e) Intelligence activities means all activities that agencies within
the Intelligence Community are authorized to conduct pursuant to this Order.
(f) Intelligence Community and agencies within the Intelligence
Community refer to the following agencies or organizations:
(1) The Central Intelligence Agency (CIA);
(2) The National Security Agency (NSA);
(3) The Defense Intelligence Agency (DIA);
(4) The offices within the Department of Defense for the collection of
specialized national foreign intelligence through reconnaissance programs;
(5) The Bureau of Intelligence and Research~of the Department of
State;
(6) The intelligence elements of the Army, Navy, Air Force, and Marine
Corps, the Federal Bureau of Investigation (FBI), the Department of the
Treasury, and the Department of Energy; and
(7) The staff elements of the Director of Central Intelligence.
(g) The National Foreign Intelligence Program includes the programs
listed below, but its composition shall be subject to review by the
National Security Council and modification by the President:
(1) The programs of the CIA;
(2) The Consolidated Cryptologic Program, the General Defense
Intelligence Program, and the programs of the offices within the
Department of Defense for the collection of specialized national foreign
intelligence through reconnaissance, except such elements as the Director
of Central Intelligence and the Secretary of Defense agree should be
excluded;
(3) Other programs of agencies within the Intelligence Community
designated jointly by the Director of Central Intelligence and the head
of the department or by the President as national foreign intelligence or
counterintelligence activities;
(4) Activities of the staff elements of the Director of Central
Intelligence;
(5) Activities to acquire the intelligence required for the planning
and conduct of tactical operations by the United States military forces
are not included in the National Foreign Intelligence Program.
(h) Special activities means activities conducted in support of national
foreign policy objectives abroad which are planned and executed so that
the role of the United States Government is not apparent or acknowledged
publicly, and functions in support of such activities, but which are not
intended to influence United States political processes, public opinion,
policies, or media and do not include diplomatic activities or the
collection and production of intelligence or related support functions.
(i) United States person means a United States citizen, an alien known
by the intelligence agency concerned to be a permanent resident alien, an
unincorporated association substantially composed of United States citizens
or permanent resident aliens, or a corporation incorporated in the United
States, except for a corporation directed and controlled by a foreign
government or governments
3.5 Purpose and Effect. This Order is intended to control and provide
direction and guidance to the Intelligence Community. Nothing contained
herein or in any procedures promulgated hereunder is. intended to confer
any substantive or procedural right or privilege on any person or
organization....
3.6 Revocation. Executive Order No. 12036 of January 24, 1978, as
amended, entitled "United States Intelligence Activities," is revoked.
THE WHITE HOUSE,
December 4, 1981.