EXECUTIVE ORDER 12333 UNITED STATES INTELLIGENCE ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP84B00049R001503760003-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 21
• Document Creation Date: December 20, 2016
• Document Release Date: November 15, 2007
• Sequence Number: 3
• Publication Date: December 4, 1981
• Content Type: REGULATION

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For Release After December 4, 1981
1:45 p.m. Briefing
UNITED STATES INTELLIGENCE ACTIVITIES
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TABLE OF CONTEt1TS
Pa
ge
PREAMBLE ...........................................
1
PART 1.
GOALS, DIRECTION, DUTIES AND RES-?ONSIBiLITIES
WITH RESPECT TO THE NATIONAL INTELLIGENCE EFFORT ...
1
1.1
Goals .............................................
1
1.2
The National Security Council .... ................
1
1.3
National Foreign Intelligence Advisory Groups .....
2
1.4
The Intelligence Community ........................
2
1.5
Director of Central Intelligence ..................
3
1.6
Duties and Responsibilities of the Heads of
Executive Branch Departments and Agencies .........
4
1.7
Senior Officials of the Intelligence Community ....
5
1.8
The Central Intelligence Agency ...................
5
1.9
The Department of State ...........................
6
1.10
The Department of the Treasury ....................
6
1.11
The Department of Defense ..:......................
7
1.12
Intelligence Components Utilized by the Secretary
of Defense ........................................
8
1.13
The Department of Energy ..........................
10
1.14
The Federal Bureau of Investigation .~ .............
10
PART 2. CONDUCT OF INTELLIGENCE ACTIVITIES ................
11
2.1
Need ..............................................
11
2.2
Furpose ...........................................
11
2.3
Collection of Information .........................
li
2.4
Collection Techniques .............................
12
2.5
Attorney General Approval .........................
13
2.6
Assistance to Law Enforcement Authorities .........
13
2.7
Contracting .......................................
13
2.8
Consistency With Other Laws .......................
13
2.9
Undisclosed Participation in Organizations
Within the United States ..........................
13
2.10
Human Experimentation .............................
14
2.11
Prohibition. on Assassination ......................
14
2.12
Indirect Participation ............................
14.
PART 3.
GENERAL PRCViSiONS ................................
15
3.1
Congressional Oversight ...........................
15
3.2
Implementation ....................................
15
3.3
Procedures ........................................
15
3.4
,definitions .. ...................................
15
3.5
Purpose and Effect ................................
17
3.6
Revocation ........................................
17
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EXECUTIVE ORDER 12333
UNITED STATES
INTELLIGENCE ACTIVITIES
Timely and .accurate information about the activities,
capabilities, plans, and intentions of foreign powers, organiza-
tions, 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 t)nited 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:
GOALS, DIRECTION, DUTIES AND
RESPONSIBILITIES WITH
RESPECT TO THE NATIONAL
INTELLIGENCE EFFORT
1.1 Goals. The United States intelligence effort shall
provide tFie 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
?oreign 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 Intelli-
gence 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 Govern-
ment, or United States corporations, establishments, or persons.
(d) To the greatest extent possible consistent with
applicable United States law and this Order, and with full
consideration of the. rights of tlnited 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 (CSC) was
established by the iational 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.
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(b) Committees. The NSC shall establish such committees
as may be necessary to carry out its functions and responsibili-
ties under this Order. The NSC, or a committee established by it,
shall consider and submit to the President a policy recommenda-
tion, 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 shal estab ish 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 Intelli-
gence Program budget;
(3) Interagency exchanges of foreign intelligence
information;
(4) P.rrangements 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) Membershi Advisory groups established pursuant to
this section shal be chaired by the Director of Central
Intelligence or his designated representative and shall consist
of senior representatives from organizations within the Intelli-
gence Community and from departments or agencies containing such
organizations, as designated by the Director of Central Intelli-
gence. Groups for consideration of substantive intelligence
matters caill 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 sha 1, 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 aresident,
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, organiza-
tions, persons, and their agents;
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(d) special activities; ;
(e) Administrative and suppcrt 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 Intel-
ligence 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 relation-
ships between agencies of the Intelligence Community and the
intelligence or internal security services of foreign govern-
ments, and establish procedures governing the conduct of liaison
by any department or agency with such services on narcotics
activities;
{f} Participate in the development o~ 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 Commu-
nity of common security and access standards for managing and
handling foreign intelligence systems, information, and products;
(h} Ensure that programs are developed whic^ 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 tr:e in~celligence
Community for the transmission of such inteli~gence;
(j) Establish appropriate staffs, committees, or other
advisory groups to assist in the execution of the Director's
responsibilities;
{',c) Piave full responsibility for production and dissemi-
nation of national foreign intelligence, and authority to levy
analytic tasks on departmental intelligence prcduction organiza-
tions, in consultation with those or~3anizations, ensuring that
appropriate mechanisms `or competitive araiysis are developed so
that diverse points or view are considered fully and Cifferences
or judgment within the Intelligence Community are brought to the
attention of national policymakers;
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(1) Ensure the timely exploitatio:) and dissemination of
data gathered by national foreign intelligence collection means,
and ensure that the resulting intelligence is disseminated imme-
diately to appropriate government entities and military commands;
(m) r^,stablish 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 Secre-
tary 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 Presi-
dent 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 imple-
mentation, 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 intelli-
~gence 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 tae 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.
1.5 Duties and Responsibilities of the Heads of Executive
Branch Departments and Agencies.
(a) The heads of ail Executive Branch departments a..^.d
agencies shall, in accordance with law and relevant procedures
approve~3 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 'Jr.ited States,
and shall give due consideration to requests from the Director of
Central Intelligence for appropriate support for Intelligence
Community activities.
{b) Tine heads of departments and agencies involved in the
~lational Foreign Intelligence Program shall ensure timely devel-
opment and submission to t're 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 Inteiliger,ce, 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.
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(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 an budget or
reprogramming matters of the National Foreign Intelligence
Program.
1.7 Senior Officials of the Intelligence Community. The heads
of departments and agencies with organizations in the Intelli-
gence 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 depart-
ment or agency concerned, in a manner consistent with the
protection of intelligence sources and methods, as specified in
those procedures;
(b) In any case involving serious or continuing breaches
of security, recommend to the Attorney General that the case be
referred to the FBI for further investigation;
(c) Furnish the Director of Central Intelligence and the
NSC, in accordance with applicable law and procedures approved by
the Attorney General under this Order, the information required
for the performance of their respective duties;
(d) Report to the Intelligence Oversight Board, and keep
the Director of Central Intelligence appropriately informed,
concerning any intelligence activities of their organizations
that they have reason to believe may be unlawful or contrary to
Executive order or Presidential directive;
(e) Protect intelligence and intelligence sources and
methods from unauthorized disclosure consistent with guidance .
from the Director of Central Intelligence;
(f} Disseminate intelligence to coo~,erating foreign
governments under arrangements established or agreed to by the
Director of Central Intelligence;
(q) 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 organiza-
tions 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 T_nspectors 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 Intzlligence Agency. AlI duties and responsi-
bilities of the CIA shall be related to the intelligence
functions set out below. As authorized by this Order; the
National Security Act of ;947, as aazended; the CIA Act of 199,
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 forei~,n intelligence or counter-
intelligence 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;
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(b) Collect, produce and disseminate intelligence on
foreign aspects of narcotics production and trafficking;
(c) Conduct counterin*_elligence activities outside the.
United States and, without assuring or performing any internal
security functions, conduct counterintelligence activities within
the United States in coordination with the FBI as required by
procedures agreed upon by the Director of Central Intelligence
and the Attorney General;
(d) Coordinate counterintelligence activities and the
collection of information not otherwise obtainable when conducted
outside the United States by other departments and agencies;
(e) Conduct special activities approved by the Pres-
ident. No agency except the CIA (or the Armed r^orces 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 (S7 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 Intel-
ligence 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, activi-
ties, information, property, and employees by appropriate means,
including such investigations of applicants, employees, contrac-
tors, and other persons with similar associations with the CIA as
are necessary; and
(i) Conduct such administrative and tzchnical support
activities within and outside the United States as are necessary
to perform the functions described in sections (a) through. (h)
above, including procurement and essential cover and proprietary
arrangements.
1.9 The Department of Slate. The Secretary of State shall:
(a) Overtly collect information relevant to United
'States foreign policy concerns;
(b) Produce and disseminate foreign intelligence relatinc
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 De artment of the Treasurv. The Secretary of the
Treasury s a
(a) Overtly collect foreign financial and monetary ir.for-
oration;
(b} .Participate with the Department or". State in the overt
collection of general foreign economic information;
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(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 surveil-
lance 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, praauce 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 require-
ments;
(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 neces-
sary;
(i) Establish and maintain military intelligence
relationships and military intelligence exchange programs with
selected cooperative foreign defense establishments and inter-
national organizations, and ennsure that such relationships and
programs are in accordance with policies formulated by the
Director of Central Intelligence;
(j) Direct, operate, control and provide fiscal manage-
ment far 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
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to perform the functions described in sections (a} through (j)
above.
. 1.12 Intelligence Components Utilized by the Secretary of
Defense. In carrying out the responsibilities assigned in
sect a 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 intelli-
gence 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 intelli-
gence for national foreign intelligence and counterintelligence
products;
(3) Coordination of alI Department of Defense
intelligence collection requirements;
(4) Management of the Defense Attache system; and
(5) Provision of foreign intelligence and counter-
intelligence 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 con~rol over. certain operations
that are conducted through other elements of the Intelligence
Community. No other department or agency may engage in signals
intelligence activities except pursuant to a delegation by the
Secretary of Defense;
(2) Control of signals intelligence collection and
.* processing activities, including?assignement 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 infor-
mation for national foreign intelligence purposes to authorized
elements of the Government, including the military services, in
accordance with guidance from the Director of Central Intelli-
gence;
(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;
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(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
needs of the United States for signals intelligence and commu-
nications security;
(10) Protection of the security of its installa-
tions, activities, progerty, information, and employees by
appropriate means, including such investigations of applicants,
employees, contractors, and other persons with similar associa-
tions with the NSA as are necessary;
(11) Prescribing, within its field of authorized
operations, security regulations covering operating practices,
including the transmission, handling and distribution of signals
intelligence and communications security material within and
among the elements under control of the Director of the NSA, and
exercising the necessary supervisory control to ensure compliance
with the regulations;
(12) Conduct of foreign cryptologic liaison
relationships, with liaison for intelligence purposes conducted
in accordance with policies formulated by the Director of Central
Intelligence; and ,
(13) Conduct of such administrative and technical
support activities within and outside the United States as are
necessary to perform the functions described in sections (1)
through (12) above, including procurement.
(c) Offices for the collection of specialized intelli-
gence 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 far research, development, procurement, and opera-
tion 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 counter-
intelligence, and information on the foreign aspects o? 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 intelli-
gence, not otherwise obtainable, outside the Untied. 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
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conducting related research, development, and test and evaluation
activities.
(e) Other offices within the Department of Defense
a nro riate for conduct of the intelligence missions and res on-
sibilities assigne to the Secretary of Defense. If such other
offices are used for intelligence purposes, the provisions of
Part 2 of this Order shall apply to those offices when used
for those purposes.
1.13 The Department of Ener9Y. 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 neces-
sary 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 Investi ation. Under the super-
vision o t e Attorney Genera an pursuant to ?such regulations
as the Attorney General may establish, the Director of the FBI
shall:
(a) Within the United States conduct counterintelligence
and coordinate counterintelligence activities of other agencies
within the Intelligence Community. When a counterintelligence
activity of the FBI involves military or civilian personnel of
the Department of Defense, the FBI shall coordinate with the
Department of Defense;
(b) Conduct counterintelligence activities outside the
United States in coordination with the CIA as required by proce-
dures 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 Presi-
dent, 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 Govern-
ment;
(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.
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CONDUCT OF INTELLIGENCE ACTIVITIES
2.1 Need. Accurate and timely information about the capabili-
ties, intentions and activities of foreign powers, organizations,
or persons and their agents is essential to informed decision-
makinq 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 detectiuu and countering of international terror-
ist 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 infor-
mation 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 Intelli-
gence Community are authorized to collect, retain or disseminate
information concerning United States persons only in accordance
with procedures establist,ed 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 in-
telligence collection by such agencies may be undertaken for
-# a 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 nar-
cotics 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 disclo-
sure. 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 an_y such
employment or contracting;
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(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 gurposes of allowing the recipient
agency to determine whether the information is relevant to its
responsibilities anc~ can be retained by it.
2.4 Collection Techniques. Agencies within the Intelligence
Community shall use~the ~t 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 theagency concerned and approved by the Attorney
General. Such procedures shall protect constitutional and other
legal rights and limit use of such information to lawful govern-
mental purposes. These procedures shall nat 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 lain 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 St~e~,rsons 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 or former employees, or applicants for any
such employement 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.
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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
gersonnel 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 institu-
tions in the United States and need not reveal the sponsorship of
such contracts or arrangements for authorized intelligence
purposes. Contracts or arrangements with academic institutions
may be undertaken only with the consent of appropriate officials
of the institution. '
2.8 Consistency With Other Laws. Nothing in this Order shall
~_.,~.~
be construed to authorize any activity in violation of the
Constitution or statutes of the United States.
2.9 Undisclosed Participation in Organizations Within. the
United States. No one acting on- behalf of agencies within the
rote igence Community may join or otherwise participate in any
organization in the United States on behalf of any agency within
the Intelligence Community without disclosing his intelligence
affiliation to appropriate offa~..s~~of_the organization, except
in accordance with procedures established by the head of the
agency concerned and approved by the Attorney General.. Such
participation shall be authorized only if it is essential to
achieving lawful gurposes as determined by the agency head or
designee. No such participation may be undertaken for the
purpose of influencing the activity of the organization or its
members except in cases where:
(a) The participation is undertaken on behalf of the FBI
in the course of a lawful investigation; or
(b) The organization concerned is composed primarily of
individuals who are not United States persons and is reasonably
believed to be acting on behalf of a foreign power.
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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.
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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 Se-
curity 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 Intelli-
gence 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 Intelli-
gence 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 follow-
ing terms shall have these meanings:
(a) Counterintelligence means information gathered and
activities conducted to protect against espionage, other intelli-
gence activities, sabotage, or assassinations conducted for or an
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 y 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, intentsons a~ nc~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.
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(f) Intelligence Community and agencies within the
Intelligence Community re er 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 Intelli ence Program includes
the programs listed be ow, ut 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 Intelli-
gence 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 activi-
ties;
(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) S~?ecial 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 ~tTie i telligence agency concerned to be a
permanent resident alien, an unincorporated association substan-
tially composed of United S~.ates citizens or permanent resident
aliens, or a corporation incorporated in the United States.,
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except for a corporation directed and controlled by a foreign
government or governments. ~ '
3.5 Pur ose and Effect. This Order is intended to control
and prove a erection and guidance to the Intelligence Community.
Nothing contained herein or in any procedures promulgated here-
under 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.
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Office of the Press Secretary
For Release After December 4, 1981
1:~5 p.m. Briefing
EXECUTIVE ORDER
- 12334 - - -
PRESIDENT'S INTELLIGENCE OVERSIGHT BOARD
By the authority vested in me as President by the
Constitution and statutes of the United States of America,
and in order to enhance the security of the United States
by assuring the legality of activities of the Intelligence
Community, it is hereby ordered as follows:
Section 1. There is hereby established within the
White House Office, Executive Office of the President, the
President's Intelligence Oversight Board, which shall be
composed of three :members. One member, appointed from among
the membership of'~the President's Foreign Intelligence Ad-
visory Board, sra1T be designated by the President as Chair-
man. Members of the Board shall serve at the pleasure of the
President and shall be appointed?by the President from among
trustworthy and distinguished citizens outside the Government
who are qualified on the basis of achievement, experience
and independence. The Board shall utilize such full-time
staff and consultants as authorized by the President.
Sec. 2. The Board shall:
(a) Inform the President of 'intelligence activities
that any member of the Board believes are in violation of
the Constitution or laws of the United States, Executive
orders, or Presidential directives;
(b) Forward to the Attorney General reports received
concerning intelligence activities that the Board believes
may be unlawful;
(c) Review the internal guidelines of each agency
within the Intelligence Community concerning the lawfulness
of intelligence activities;
(d) Review the practices and procedures of the Inspectors
General and General Counsel of the Intelligence Community
for discovering and reporting intelligence activities that
may be unlawful or contrary to Executive order or Presidential
directive; and
(e) Conduct such investigations as the Board deems
necessary to carry out its functions under this Order.
Sec. 3. The Board shall, when required by this Order,
report directly to the President. The Board shall eorsider
and take appropriate action with respect to matters identified
by the Director of Central Intelligence, the Central Intelligence
Agency or other agencies of the Intelligence Community.
With respect to matters deemed appropriate by the President,
the Board shall advise and make appropriate recommendations
to the Director of Central Intelligence, the Central Intelligence
Agency, and other agencies of the Intelligence Community.
(OVER)
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Sec. 4. The heads of departments and agencies of the
Intelligence Community shall, to the extent permitted by law,
provide the Board with ail information necessary to carry
out its responsibilities. Inspectors General and General
Counsel of the Intelligence Community shall, to the extent
permitted by law, report to the Board concerning intelligence
activities that they have reason to believe may be unlawful
or contrary to Executive order or Presidential directive.
Sec. 5. Information made available to the Board shall
be given all necessary security protection in accordance with
applicable laws and regulations. Each member of the Board,
each member of the Board's staff, and each of the Board's
consultants shall execute an agreement never to reveal any
classified information obtained by virtue of his or her service
with the Board except to the President or to such persons
as the President may designate.
Sec. 6. Members of the Board shall serve without
compensation, but may receive transportation, expense, and
per diem allowances as authorized by law. Staff and consultants
to the Board shall receive pay and allowances as authorized
by the President.
THE WHITE HOUSE,
December 4, 1981.
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