EXECUTIVE ORDER 12333 UNITED STATES INTELLIGENCE ACTIVITIES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89B01330R000400610009-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 19
• Document Creation Date: December 22, 2016
• Document Release Date: August 16, 2011
• Sequence Number: 9
• Publication Date: December 4, 1981
• Content Type: MISC

Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8 '
Office of the Press Secretary
For Release After December 4, 1981
1:45 p.m. Briefing
EXECL'TIVF ORDER 12333
UNITED STATES INTELLIGENCE ACTIVITIES
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
TA3L1~ Or CCNTE~~TS
Pa
ge
PREAt~53LE ...........................................
1
PART 1.
GOALS, DIRECTION, DU'T'IES A~17 RESt~ONSIt3iLI7'IF.S
k'?TH RESPECT TO T EIY; NP.TIONAL INTELLIGE`CE EFFORT ...
1
1.1
Goals ......................:......................
1
1.2
The National Security Council ....:.............
I
1.3
National rr^oreirn Intelligence Aavisory Groups .....
2
1.4
The Inteliigenc~~ Co~r~munity ........................
2
1.5
Director of Central Inteilige~c2 ...... ...........
3
1.6
Duties and Responsibilities of the Heads,of
Executive Branch Depart,~erts and Agencies .........
4
1.7
Senior Officials oz the intelligence Community ....
5
1.8
ss^he Central Intelligence Agency ...................
5
1.9
The Department of State ...........................
6
1.10
The Department of the Treasury ....................
6
1.11
The Department of Dtiense .. .. ..... ............
7
1.12
Intelligence Corr;ponents Utilized by the Secretary
of Defense ...... ..........?.......................
~
E
1.13
.............
Energy ............
The Department of
IO
1.14
_
The Federal Bureau of Investigation .:.............
10
PART 2, CGNDUC'1~ Or INTEL"LIGr^,i~iCE ACTIVI`T'IES ................
11
2.1
r;e2d ..............................................
II
2.2
Purpose ...........................................
11
2.3
Collection of I;.for;nation .........................
11
2.4
Collection Tecnni:;ues .............................
i2
2.5
Attorney Ge:~eral .pprova= .......................:.
13
2.6
F~ssistaace to Lac, Eniorce,aent Auti-:orities .........
13
2.7
Contracting ....................................
13
2.8
Consistency ti? it'r: Other vaGrs . ..... . ................
13
2.9
Undisclosed Participation. in OrgGnizations
Within the lir.ited States ...................... ...
I3
2.10
human Expzrimen'~aLicr .............................
14
2.11
Proni'rition on Assassination ......................
14
2.i2
Indirect Participation ............................
14
~AP,T 3.
GEi:FRA% PkCV~SiO~~S ................................
t5
3.1
Congressional Oversight ...........................
15
3.2
Implementation .. .................................
15
3.3
Proce3ures ......: .................................
15
3.4
7efir.itions .............:.........................
I5
3.5
.Purpose and Ef~ect ................................
17
3.6
Revocation ........................................
17
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
LA Lt.V 11 V Ci VRUL~S< 1[.JJJ
U~;ITED 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 essenticl to the
national security of the United States. AlI 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 tlnited States or_ America, including the National
Security Act of 1947, as amended, and as ?resident 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
RESPONSI$ILITIES WITH
RESPECT TO THE NATIONAL
INTRLLiGENCE 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 fron
foreign security threats. All departments anti agencies shall
cooperate fully to fulfill this goal.
(a) r4ar.imum emphasis should b2 given to fostering
analytical competition among appropriate eler~~ents 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 tlnited States Govern-
Tent, 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
exchancle 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) ryas
established by the National Security Act of 1947 to advise the
President with respect to the integration of domestic, foreign
ant] military policies relating to the national security. The tJSC
shall act as the highest Executive Branch entity that provides
review of, guidance for and direction to the conduct of all
nationa]. foreign intelligence, counterintelligence, and special
activities, an~3 attendant policies and pr.oorams.
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
(b) Committees. The NSC shall establisi: 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
revie~v 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 IntelliT
genre Program budget;
(3) Interagency exchanges of foreign intelligence
information;
(4) Arrangements with foreign governments on
intelligence matters;
J
(5) Protection of intelligence sources and methods;
(6) Activities of common concern; and
(7) Such other matters as may be ref erred by the
Director of Central Intelligence.
(b) t?;embership. Advisory groups established pursuant to
this section shall be chaired b_y 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 ~~rill include representatives of orgar=izat3ons involved in
the collection, processirq and analysis of intelligence. A
senior representative of .the Secretary of Com;rerce, 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 cahich deals with other than
substantive intelligence matters.
1.4 The Intelligence Community. The agencies within th_e
Intelligence Community shall, in accordance with applicable
United States la~~r and with the other provisions of: this Order,
conduct intelligence activities necessary for the conduct of
foreign relations and the protection of the natio~xal security
of the Jnited States, including:
(a) Collection of information needed by tthe 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, organiza-
tions, persons, and their agents;
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
(d) Special activities;
(e) Administrative and support activities within the
United States and abroa~~ necessary for the performance of
authorized activities; any:
(f) Such other intelligence activities as the Preside;.
may direct from time to tinte.
1.5 Director of Central yr:te?ligence. In order to discharge
the duties and responsibilities prescribed by Iaw, the Director
of Central Intelligence shall be responsible directly to the
President and the NSC and shalt:
{a} Act as the primary adviser to the President and the
NSC on national foreig;~ intelligence and provide the President
and other officials in the Executive Branch caith rational foreign
intelligence;
{b} vevelop sac?: o~~jectives 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 Co;~munity;'
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence
and counterintelligence arrangements with foreign governments,
coordinate foreign intelligence and ccunterir,te:ligence relation-
ships between agencies c~ the Intelligence Community and the
intelligence o-r internal security services of foreign govern-
ments, and establish proce~ures governing ti:e conduct of liaison
by ary department or agency with such services on narcotics
activities;
(f) Participate in the. develop;nent of procedures approved
by the Attorney General governing criminal narcotics intelligence
activities abroad to ensure t'r,at these activities are consistent
with foreign intelligence UroS-rar;,s;
(q) Ensure the estabiish~;ent by the ?ntelii;ence Co^?mu-
nity of common security and access standarGS for managing and
handling foreign intelligence systems, information, and products;
{h) Ensure thct prograr~~s are developed whicc 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 rer,.uiremer.ts of the I.n:.eliigence
Community for the transmission of sac-~ 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 disse.~~i-
nation of national foreign intelligence, and authority to levy
analytic tasks on departmental intelligence production or~aniza-
tions, in consultation c,~ith those organizations, e:-surinq that
appropriate mechanisms for competitive analysis are developed so
that diverse points of view are considered fully and differences
or". judgment within the Intelligence Community are brought to the
attention of national policymakers;
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
(1) Ensure the ;.ineiy expioiiatioa and dissemination of
data gathered by national foreign in`.elligertce collection means,
and ensure that the resulting intelligence i:s disseminated imme-
diately to appropriate r;over;~ment entities and military commands;
(m) 8sta'olish mechanisms whic~, tYar.slate nationa3 foreign
intelligence objectives and prioriti.~s approved by the NSC into
specific guidance for the Intelligence Com:^uni.ty, resolve
conflicts in tasking priority, prov.da to da; art:~:ents Gnd
agencies having information collection capabilities that are rot
part of the National Foreign Intelligence Prorrasi advisory
tas;,ing concerning collection of national ?oreign intelligence,
and provide for the develop;~ent 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:Aianagement 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 =oreign intelli-
gence programs and Department of Defense intelligence programs
consistent with the recuirement to develop co.+;petitive analysis,
and provide to and obtain from tho Secretary of Defense all
information necessary nor this purpose;
(r) In accordance 4rith ia:a and relevant procedures
approved by the Attorney ~~eneral under_ this Order, give the heads
of the depart;~er.ts and agencies access to all intelligence,
developed by the CIA or the staff elements of the Director of
Central Intelligence, ?rele~~ant to t^~e national intelligence needs
of the departments and agencies; and
(s) Facilitate the use of national foreign intelligence
products by Congress in a secure manner.
1.6 Duties and Responsibilities of the :~ea:?s of F,xecutive
3ranch Departments and AGencies.
(a} the heads of ail c,xecutive Branch 3epartm2nts and
agencies shall, in accordance with lacy and relevant procedures
approve~3 by the Attorney General under this CrG?r, give the
Director of Central Intelligence access to all ir.orr+zation
relevant to the national inteiliger~ce needs of the United States,
and shall give due consideration to requests fron the Director of
Central Intelligence for appropriate support for Intelligence
Co? rr,unity activities.
(b) The heads of departments and agencies involved in the
National Foreign Intelligence Program shall ensure timely devel-
opment 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
ny 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 any budget responsibilities.
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
(c) The heads of depw=t;nents and agencies involved in the
National Foreign Intelligence ?rogram may apL.eal to the President
decisions by the Director of Central Int~~ilige::ce cin budget or
reprogramming matters of the National Foreign Intelligence
Program.
1.7 Senior Officials of th? Intelligence Co~:~munity. Tne heads
of departments and agencies 4:ith arr.ar.izations 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 ?read of the depart-
ment or agency concerned, in a ;canner 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 tine Attorney Generate that the case be
referred to the FBI for further investigation;
(c) Furnish the Director of Central Intelligence and tze
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 ) Disserr.inate intolligence to coo~,2rating foreign
governments under arrarge.,~ents established or agreed to by the
Director of Central Intelligence;
(g) Participa~e in the development of procedures approved
by the P.ttorney General governing production and dissemination of
intelligence resulting from criminal narcotics intelligence
activities abroad if heir departments, agencies, or organiza-
tions have intelligence responsibilities for foreign or domestic
narcotics production. and trafficking;
(h) Instruct their employees to cooperate fully c~ith 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 Intzlligence Agency. AlI duties and responsi-
bilities of the CIA shall be related to the intelligence
functions set out beloca. As authorized by this Order; the
National Security Act of 1947, as amended; t~ze CIA Act of 1949,
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 counter-
intelligence within the United States shall be coordinated with
the F3I as required by procedures agreed upon by the Director of
Central Intelligence and the Attorney General;
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
(b) Collect, produce and Disseminate intelligence on
foreign aspects of narcotics production and trafficking;
(c) Conduct count?rintellige;;ce activities outside the
United States and, without assuming or performing any internal
security functions, condu::~ counterinc.eliigence activities within
the United States in coordination witi~ the P3I as required by
procedures agreed upon by the Director of Centru~ Intelligence
and the Attorney General;
(d) Coordinate counterintelligence activities and the
collection of information not otherwise obtainable ~.=hen conducted
outside the United States by other departments and agencies;
(e) Conduct special activities approved fay the Pres-
ident. No agency except the CIA (or the Armed rorces of tre
United States in time of cvar declared by Congress or during any
period covered by a report from the President to the Congress
under the 6dar 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 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 er~;ployees by appropriate means,
.including such investigations of applicants, employees, contrac-
tors, and other persons with similar associations with 'che CIA as
are necessary; and
(i) Conduct such ad.~inistrative and i.echr.ical support
activities within and outside the CTnited States as are necessary
to perform the functions described in sections (a) through.(h)
above, including procurement and essential covar and proprietary
arrangements.
1.9 `i'he De~ artrient of State. The Secretary of State shall:
(a) Overtly collect information relevr,t to i3niter',
States foreign policy ccncerns;
(b) Produce and disse,~~inate foreign inntolligence 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 regi;irerter.ts of the ~nteliigence
Community to the Chiefs of United States Missions abroad; and
(e) Support Chiefs of [~:issions in discharging their
statutory responsibilities for direction and coordination of
mission activities.
1.10 The Department of the Treasury. The Secretary of t;e
Treasury-TS all:
mation;
(a} Overtly collect foreign financial and monetary ir.for-
(b} Participate with the Department of State in the overt
collection of general foreign economic information;
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
(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, 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 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 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
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
to perform the functions described in sections (a) through (j}
above. '
1.12 Intelligence Comronents Utilized by the Secretary of
Defense'.- In carrying out the responsibilities assigned in
section l.ll, 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 all 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 control over certain operations
that are conducted through other elements of the Intelligence
Community.. No other department or agency may engage in signals
intelligence activities except pursuant to a delegation by the
Secretary of Defense;
(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 ~?~ill be tasked within
existing guidance from the Director of Central Intelligence;
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
(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, property, 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-
Bence 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 opera-
tion of designated means of collection.
(d) The foreign intelligence and counterintelligence
elements of the Army, Navv, 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 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 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) hlonitorinq of the development, procurement and
management of tactical intelligence systems and equipment and
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
conducting related research, development, and test and evaluation
activities.
(e) Other offices within the Department of Defense
aUnropriate for conduct of the intelligence missions and respon-
sibilities assigned to the Secretary of Defense. If such other
offices are used for intelligence purposes, the provisions of
Part 2 of this Order shall apply to those offices when used
for those purposes.
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 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 Investigation. Under the super-
vision of t e 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 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.
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
CONUUC^ OF ihT~i~Li{~~~iVCi~ ACTIVITIr.S
2.1 Need. Acctir_ate and ~,..i:r,ely information about the capabili-
ties, intentions and activities of foreign powers, organizations,
or persons
and
their agent:, is essential to informed decision-
makinq in
the
areas of na`.:ional defense and foreign relations.
Collection
of
such infor^ation 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 Orc;er is intended to enhance human and
technical collection techniauzs, especially those undertaken
abroad, and the acquisition of significant foreign intelligence,
as well as the detectiu~i and cour,terinq 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 t`ne 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 establis.:ed by the head of the agency concerned
and approved by the Attorney veneral, consistent with the
authorities provided by Parc 1 of th.;_s Order. Those procedures
shall permit collection, retentio~~ and dissemination of the
following types of information:
(a) Information ghat is pualicly available or collected
with the consent of the person concerned;
(b) Information constituting foreign intelligence or
counterintelligence, including such information concerning
corporations or other com;~:ercial organizations. Collection
within the United States of foreign :intelligence not otherwise
obtainab?e shall be undertaken by t'r~e rFbI 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 b2 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 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 4Jithin the United States shall be undertaken by
the FBI except that other ac,er,cies of the Intelligence Community
may also collect such information concerning present or former
em}~loyees, present or former i;~tel:Lirence agency contractors or
their present or former e~piaynes, or applicants for any such
crrployrnent or contracting;
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
(f) Information concerning persons who are reasonably
Uelieved to be potential so;irces or contacts for the purpose of
deter^:ining their suitability or credibility; '
(g) Information arising out of a lawful personnel,
physical or communications security investigation;
(h) Information acquired by overhead reconnaissance not
airected at specific United States persons;
(i) Incident illy 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 anc? can be retained by it.
2.4 Collection TF:chnigues. Agencies within the Intelligence
Community shall use~the least intrusive collection techniques
feasible within the United States or directed against United
States persons abro;~d. 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 govern-
mental 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 r^BI, 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 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 reasonab_y be acquired by
o;.her means.
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 2.5 "------- ~._~_~_~ a._._._......1 m~.., r..}~,rnnv t_cnnrn, horeby 1S
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8 '
delegdCea Lne pOWer LO app rUVe L1iC u~~ Zvi. i++~-ci+i~7c++~.~ t+lrposes,
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
i:as determined in each ca~~e 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 ~~~ell as this Order.
2.6 Assistance to Law enforcement Authorities. .Agencies
within the Intelligence Community are authorized to:
(a) Cooperate with appropriate lacy enforcement agencies
for the purpose of protecting the employees, information,
property and facilities of any agency within the Intelligence
Community;
(b} tlnless otherwise precluded by law or this Order,
participate in la~v enforcement activities to investigate or
prevent clandestine intelligence activities by foreign powers,
or international terrorist or narcotics activities;
{c) Provide specialized equiprient, 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 Iaw.
2.7 Ccntracting. 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 far authorized intelligence
purposes. Contracts or arrangements with academic institutions
Tay 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 Unitec, States.
2.9 Undisclosed Participation in Organizations h'ithin the
United States. No one acting on behalf of agencies within the
Inte igence Community may join or otherwise participate in any
organization in the United States an behalf of 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 only if it is esse:-tial to
achieving lawful purposes as deterre~ined 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 p rimarily of
individuals who are not United States persons and is reasonably
believed to be acting on behalf of a foreign power.
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 2.10 Approved_For Release 2011/08/17: CIA-RDP89B01330R000400610009-8 IligAnce
---r---- -----------
Community shall sponsor, contract for or conduct research on
human subjects except in accordance with guidelines issued by the
Department of Health and Human Serviczs. 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
Co^munity shall participate in or reques~ any person to undertake
activities forbidden by this Order.
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
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 wit'n 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 co^ducted in accordance with existing
procedures or requirements established under Executive Order No.
12036. Procedures required by this Order shall ba established as
expeditiously as possible. All procedures promulgated pursuant
to this Order shall be made available to t'ne congressional
intelligence committees.
3.4 Definitions. For the purposes of this Order, the follow-
ing terms shall have these meanings:
(a) Counterintelligence meats information gathered and
activities conducted to protect against espionage, other intelli-
gence activities, sabotage, or assassinations conducted for or on
behalf of foreign poavers, organizations or persons, or
international terrorist activities, but not including personnel,
physical, document or communications security prograrns.
(b) Electronic surveiliunce 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 w:ZO 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.
Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
 Approved For Release 2011/08/17: CIA-RDP89B01330R000400610009-8
(f) Intelligence Community and agencies within the
Intelligence Community refer to the following agencies or
organizations:
{1) The Central Intelligence Agency (CIA};
(2) The iational 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, an~a the Department of
Energy; and
Intelligence.
(7) The staff elements of the Director of Central
(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 shoald b~ excluded;
(3) Other programs of agencies within the Intelli-
gence Community designated jointly by the Director of Central
Intelligence and the head of the depart