THE PRESIDENT UNITED STATES INTELLIGENCE ACTIVITIES EXECUTIVE ORDER 12333

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85B00552R001000070038-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 20, 2016
• Document Release Date: July 6, 2007
• Sequence Number: 38
• Publication Date: December 4, 1981
• Content Type: REGULATION

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THE PRESIDENT
UNITED STATES
= INTELLIGENCE ACTIVITIES
Executive Order 12333
December 4, 1981
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Federal Register
Vol. 48, No. 235
Tuesday, December 8, 1981
Presidential Documents
Executive Order 12333 of December 4, 1981
The President United States Intelligence Activities
lr'N
Pagel
Preamble ................................................................................................................................................... [59941 j
Part 1. Goals, Direction, Duties, and Responsibilities With Respect to the
National Gitelligenre Effort
1.1
Goals ...........................................................:.................................................................................
]59942]
1.2
The National Security Council ................................................................................................
[59942(
1.3
National Foreign Intelligence Advisory Groups ..................................................................
[5994lj
1.4
The Intelligence Community ....................................................................................................
[59943)
1.5
Director of Central Intelligence ............................:..................................................................
[59943)
1.8
Duties and Responsibilities of the Heads of Executive Branch Departments and
Agencies ...................................................................................................................................
[59944]
1.7
Senior Officials of the Intelligence Community ..................................................................
[59995]
1.8
The Central Intelligence Agency ............................................................................................
[59945)
1.9
The Department of State ..........................................................................................................
[59946)
1.10
The Department of the Treasury ............................................................................................
[5994G]
1.11
The Department of Defense ...............................................................................................:.....
[59946]
1.12
Intelligence Components Utilized by the Secretary of Defense ......................................
(59947]
1.13
The Department of Energy .......................................................................................................
[59949]
1.14
The Federal Bureau of Investigation ....................................................:.................................
Part 2. Conduct of Intelligence Activities
[59949)
2.1
Need ......................................................._........._..........................................................................
[59949)
2.2
Purpose ..............................:......?.............................................................................................~...
[59949]
2.3
Collection of Information ..........................................................................................................
(59950]
2.4
Collection Techniques .........................................................................:.....................................
[59950)
2.5
Attorney General Approval .....................................................................................................
[59951)
2.8
Assistance to Law Enforcement Authorities .......................................................................
[59951.]
2.7
Contracting ...................................................................................................................................
[59951]
2.8
Consistency With Other Laws .........................................................................:......................
[59952)
2.9
Undisclosed Participation in Organizations Within the United States .........................
[59952)
2.10
Human Experimentation :..........................................................................................................
(59952)
2.11
Prohibition on Assassination ...................................................................................................
[599521
2.12
Indirect Participation ...................._..............................................:............................................
Part 3. General Provisions
[5995lJ
3.1
Congressional Oversight ..........................................:................................................................
[5995'? ~
3.2
Implementation ...........................................................................................................................
[59952]
3.3
Procedures ....................................................................................................................................
[59952]
3.4
Definitions ................:...................................................................................................................
[599531
3.5
Purpose and Effect ...............................................................................:....................................:
[69954)
3.6
Revocation ...................................................................................................................................
[59954]
Timely and accurate information about the activities, capabilities, plans, and
intentions of foreign powers, organizations, and persons, and their agents, is
essential to the national security of the United States. Al] reasonable and
lawful means must be used to ensure that the United States will receive the
best intelligence available. For that purpose, by virtue of the authority vested
in me by the Constitution and statutes of the United States of America,
including the National Security Act of 1947, as amended, and as President of
the United States of America, in order to provide for the effective conduct of
United States intelligence activities and the protection of constitutional rights,
it is hereby ordered as follows:
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59942 Federal Register /Vol. 46, No. 235 /Tuesday, December 8, 1981 /Presidential Documents
Part 1
Goals, Direction, Duties and Responsibilities ?Witlr Respect to the National
Intelligence Effort
1.1 Goals. T),ie United States intelligence effort shall provide the President
and the National Security Council with the necessary information on which to
base decisions concerning the conduct and development of foreign, defense
and economic policy, and the protection of United States national interests
from foreign security threats. All departments and agencies shall cooperate
fully to fulfill this goal.
(a) Maximum emphasis. should be given to fostering analytical competition
among appropriate elements of the Intelligence Community.
(b) All means, consistent with applicable United States law and this Order,
and with full consideration of the rights of United States persons, shall be
used to develop intelligence information for the President and the National
Security Council. A balanced approach between technical collection efforts
and other means should be maintained and encouraged.
(c) Special emphasis should be given to detecting and countering espionage
and other threats and activities directed by foreign intelligence services
against the United States Government, or United States corporations, estab-
lishments, or persons.
(d) To the greatest extent possible consistent with applicable United States
law and this Order, and with full consideration of the rights of United States
persons, all agencies and departments .should seek to .ensure #ull and free
exchange of information in order to derive maximum benefit from the United
States intelligence effort.
1.2 The National Security Council,
(a) Purpose. The National Security Council (NSC) was established by the
National, Security Act of 1947 to advise the President with respect to the
integration of domestic, foreign and military policies relating to the national
security. The NSC shall .act as the highest Executive Branch .entity that
provides review of, guidance for and direction to the conduct of all national
foreign intelligence, counterintelligence, and special activities, and attendant
policies and programs.
(b) Committees. The NSC shall establish such committees as may be neces-
sary to carry out its. functions and responsibilities under this Order. The NSC,
or a committee established by it, shall consider and submit to the President a
policy recommendation, including all dissents, on each special activity and
shall review proposals for other sensitive intelligence operations.
1.3 National Foreign Intelligence Advisory Groups.
(a) Establishment and Duties. The Director of Central Intelligence shall estab-
lish such boards, councils, or groups as required for the purpose of obtaining
advice from within the Intelligence Community concerning:
(1) Production, review and coordination of national foreign intelligence;
(2) Priorities for the National Foreign Intelligence Program budget;
(3) Interagency exchanges of foreign intelligence information;
(4) Arrangements with foreign governments on intelligence matters;
(5) Protection of intelligence sources and methods;
(fi) Activities of common concern; and
(7) Such other matters as may be referred by the Director of.Central Intelli-
gence. '
(b) Membership. Advisory groups established pursuant to this section shall be
chaired by the Director of Central Intelligence or his designated representative
and shall consist of senior representatives from organizations within the
Intelligence Community. and .from departments or agencies containing such
organizations, as designated by the Director of Central Intelligence. Groups for
consideration of substantive intelligence matters will include representatives
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of organizations involved in the collection, processing and analysis of intelli-
gence. Asenior 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 Com-
munity shall, in accordance with applicable United States law and with the
other provisions of this Order, conduct intelligence activities necessary for the
conduct of foreign relations and the protection of the national security of the
United States, including:
(a) Collection of information needed by the President, the National Security
Council, the Secretaries of State and Defense, and other Executive Branch
officials for the performance of their duties and responsibilities;
(b) Production and dissemination of intelligence;
(c) Collection of information concerning, and the conduct of activities to
protect against, intelligence activities directed against the United States,
international terrorist and international narcotics activities, and other hostile
activities directed against the United States by foreign powers, organizations,
persons, and their agents;
(d) Special activities;
(e) Administrative and support activities within the United States and abroad
necessary for the performance of authorized activities; and
(f) Such other intelligence activities as the President may direct from time to
time.
1.5 Director of Central Intelligence. In order to discharge the duties and
responsibilities prescribed by law, the Director of Central Intelligence shall be
responsible directly to the President and the NSC and shall:
(a) Act as the primary adviser to the President and the NSC on national
foreign intelligence and provide the President and other officials in the
Executive Branch with national foreign intelligence;
(b) Develop such objectives and guidance for the Intelligence Community as
will enhance capabilities for responding to expected future needs for national
foreign intelligence;
(c) Promote the development and maintenance of services of common concern
by designated intelligence organizations on behalf of the Intelligence Commu-
nity;
(d) Ensure implementation of special activities;
(e) Formulate policies concerning foreign intelligence and counterintelligence
arrangements with foreign governments, coordinate foreign intelligence and
counterintelligence relationships between agencies of the Intelligence Commu-
nity and the intelligence or internal security services of foreign governments,
and establish procedures governing the conduct of liaison by any department
or agency with such services on narcotics activities;
(f) Participate in the development of procedures approved by the Attorney
General governing criminal narcotics intelligence activities abroad.to ensure
that these activities are consistent with foreign intelligence programs;
(g) Ensure the establishment by the Intelligence Community of common
security and access standards for managing and handling foreign intelligence
systems, information, and products;
(h) Ensure that programs are developed which protect intelligence sources,
methods, and. analytical procedures;
(ij Establish uniform criteria for the determination of relative priorities for the
transmission of critical national foreign intelligence, and advise the Secretary
of Defense concerning the communications requirements of the Intelligence
Community for the transmission of such intelligence;
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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 on budget or reprogramming matters of the National
Foreign Intelligence Program. ~'
1.7 Senior Officials of the Intelligence Community. The heads of depart-
ments and agencies with organizations in the Intelligence Community or the
heads of such organizations, as appropriate, shall:
(a) Report to the Attorney General possible violations of federal criminal laws
by employees and of specified federal criminal laws by any other person as
provided in procedures agreed. upon by the Attorney General and the head of
the department or agency cor}cerried, in a manner consistent with the protec-
tion of intelligence .sources and methods, as specified in those procedures;
(b) In any case involving. serious or continuing breaches of security, recom-
mend to the Attorney General that the case be referred to the FBI for further
investigation;
(c) Furnish the -Director of Central Intelligence and the NSC, in accordanoe
with applicable law and procedures approved by the Attorney General under
this Order, the information required for the performance of their respective
duties;
(d) Report to the Intelligence Oversight Board, and keep the Director of
Central Intelligence appropriately informed, concerning any intelligence activ-
ities of their organizations that they have reason to believe may be unlawful
or contrary to Executive older or Presidential directive;
(e) Protect intelligence and intelligence sources and methods from unauthor-
ized disclosure consistent with guidance from the Director of Central Intelli-
gence;
(f) Disseminate intelligence to cooperating foreign governments under arrange-.
ments established or agreed to by the Director of Central Intelligence;
(g) Participate in the development of procedures approved by the Attorney
General governing production and dissemination of intelligence resulting from
criminal narcotics intelligence activities abroad if their departments, agencies,
or organizations have intelligence responsibilities for foreign or domestic
narcotics production and trafficking;
(h) Instruct their employees to cooperate fully with the Intelligence Oversight.
Board; and
(i) Ensure that the Inspectors General and General Counsels for their organiza-
tions have access to any information necessary to perform their duties
assigned by this Order.
1.8 The Central Intelligence Agency. All duties and responsibilities of the
CIA shall be related to the intelligence functions set`out below: As authorized
by this Order; the National Security Act of 1947, as amended; the CIA Act of
1949, as amended; appropriate directives or other applicable law, the CIA
shall:
(a) Collect, produce and disseminate foreign intelligence and counterintelli-
gence, including information not otherwise obtainable. The collection of for-
eign intelligence or counterintelligence within the United States shall be
coordinated with .the FBI as required by procedures agreed upon by the
Director of Central Intelligence and the Attorney General;
(b) Collect, produce and disseminate intelligence on foreign aspects of narcot-
ics production. and, trafficking;
(c) Conduct counterintelligence activities outside the. United States and, with-
out assuming or performing any internal security functions, conduct counterin-
telligence activities within the. United States in coordination with the FBI as
required by procedures agreed upon the Director of Central Intelligence and
the Attorney General;
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(j) Establish appropriate staffs, committees, or other advisory groups to assist
in the execution of the Director's responsibilities;
(k) Have full responsibility for production and dissemination of national
foreign intelligence, and authority to levy analytic tasks on departmental
intelligence production organizations, in consultation with those organiza-
tions, ensuring that appropriate mechanisms for. competitive analysis are
developed so that diverse points of view are considered fully and differences
of judgment within the Intelligence Community are brought to the attention of
national policymakers;
(1) Ensure the timely exploitation and dissemination of data gathered by
national foreign intelligence collection means, and ensure that the resulting
intelligence is disseminated immediately to appropriate government entities
and military commands;
'(m) Establish mechanisms which translate national foreign intelligence objec-
tives and priorities approved by the NSC into specific guidance for the
Intelligence Community, resolve conflicts in tasking priority, provide to de-
partments and agencies having information collection capabilities that are not
part of the National Foreign Intelligence Program advisory tasking concerning
collection of national foreign intelligence, and provide for the development of
plans and arrangements for transfer of required collection tasking authority to
the Secretary of Defense when directed by the President;
(n) Develop, with the advice of the program managers and departments and
agencies concerned, the consolidated National Foreign Intelligence Program
budget, and present it to the President and the Congress;
(o) Review and approve all requests for reprogramming National Foreign
Intelligence Program funds, in accordance with guidelines established by the
Office of Management and Budget;
(p) Monitor National Foreign Intelligence Program implementation, and, as
necessary, conduct program and performance audits and evaluations;
(q) Together with the Secretary of Defense, ensure that there is no unneces-
sary overlap between national foreign intelligence programs and Department
of Defense intelligence programs consistent with the requirement to develop
competitive analysis, and provide to and obtain from the .Secretary of Defense
all information.necessary for this purpose;
(r) In accordance with law and relevant procedures approved by the Attorney
General under this Order, give the heads of the departments and agencies
access to all intelligence, developed by the CIA or the staff elements of the
Director of Central Intelligence, relevant to the national intelligence needs of
the departments and agencies; and
(s) Facilitate the use of national foreign intelligence products by Congress in a
secure manner.
1.6 Duties and Responsibilities' of the Heads of Executive Branch Depart-
ments and Agencies.
(a) MThe heads of all Executive Branch departments and agencies shall, in
accordance with law and relevant procedures approved by the Attorney
General under this Order, give the Director of Central Intelligence access to all
information relevant to the national intelligence needs of the United States,
and shall give due consideration to the requests from the Director of Central
Intelligence for ,appropriate support for Intelligence Community activities.
(b) The heads of departments and agencies involved in the National Foreign
Intelligence Program shall ensure timely development and submission to the
Director of Central Intelligence by the program managers and heads of
component activities of proposed national programs and budgets in the format
designated by the Director of Central Intelligence, and shall also ensure that
the Director of Central Intelligence is provided, in a timely and responsive
manner, all information necessary to perform the Director's program and
budget responsibilities..
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(d) Coordina#e counterintelligence activities and the collection of information
not otherwise obtainable when conducted outside the United States by other
departments and agencies;
(e) Conduct special activities approved by the President. No agency except the
CIA (or the Armed Forces of the United States in time of war declared by
Congress or during any period covered by a report from the President. to the
Congress under. the War .Powers Resolution (87 Stat. 855)) may conduct any
special activity unless the President determines that another agency is more
likely to achieve a particular objective;
(f) Conduct services of common concern for the Intelligence Community as
directed by'the NSC; '
(g) Carry out or contract for research, development and procurement of
technical systems and devices relating to authorized functions;
(h) Protect the security of its installations, activities, information, property,
and employees by appropriate means, including such investigations of appli-
cants, employees, contractors, -and other persons with similar associations
with the CIA as are necessary; and
(i) Conduct such administrative and technical .support activities within and
outside the United- States as are necessary to .perform the functions described
in sections (a) and through (h) above, including procurement and essential
cover and proprietary arrangements.
1.9 The Department of State. The Secretary of State shall:
(a) Overtly collect information relevant to United States foreign policy con-
(b) Produce and disseminate foreign intelligence relating to United States
foreign.polic`y as required for the execution of the Secretary's responsibilities;
(c) Disseminate, as appropriate, reports received from United States diplomat-
ic and consular posts;
(d) .Transmit reporting requirements of the Intelligence Community to the
Chiefs of United Statet; Missions abroad; and
(e) Support Chiefs of Missions in discharging their statutory responsibilities
for direction and coordination of mission activities.
1.10 The Aepartment of the Treasury. The Secretary of the Treasury shall:
(a) Overtly collect foreign financial and monetary information;
(b) Participate with the.Department of State in the overt collection of general
foreign economic information; -
(c) Produce and disseminate foreign intelligence relating to United States
economic policy as required for the execution of the Secretary's responsibil-
ities; and
(d) Conduct, through the United States Secret Service, activities to determine
the existence and capability of surveillance equipment being used against the
President of the United States, the Executive Office of the President, and, as
authorized by the Secretary of the Treasury or the President, other Secret
Service protectees and .United States officials. No information shall be ac-
quired intentionally through such activities- except to protect against such
surveillance, and those activities shall be conducted pursuant to procedures
agreed upon by the Secretary ~of the Treasury and the Attorney General.
1.11 The Department of Defense. The Secretary of Defense shall:
(a) Collect'national foreign intelligence and be responsive to collection tasking
by the Director of Central Intelligence; .
(b) Collect,- produce and disseminate military and military-related foreign
intelligence and counterintelligence as required for execution of the Secre-
tary's responsibilities;
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(c) Conduct programs and missions necessary to fulfill national, departmental-
and tactical foreign intelligence requirements;
(d) Conduct counterintelligence activities in support of Department of Defense
components outside the United States in coordination with the CIA, and
,within the United States in coordination with the FBI pursuant to procedures
agreed upon by the Secretary of Defense and the Attorney General;
(e) Conduct, as the executive agent of the United States Government, signals
intelligence and communications security activities, .except as otherwise di-
rected by the NSC;
(f) Provide for the timely transmission of critical intelligence, as defined by the
Director of Central Intelligence, within the United States Government;
(g) Carry out or contract .for research, development and procurement of
technical systems anti. devices relating to authorized. intelligence functions;
(h] Frotect the security of Department of Defense installations, activities,
property, information, and employees by appropriate means, including such
investigations of applicants, employees, contractors, and other persons with
similar associations with the Department of Defense as are necessary;
(i) Establish and maintain military intelligence relationships and military
intelligence exchange programs with selected cooperative foreign defense
establishments and international organizations, and ensure that such relation-
ships and programs are in accordance with policies formulated by the Director
of Central Intelligence;
(j) Direct, operate, control and provide fiscal management for the National
Security Agency and for defense and military intelligence and national recon-
naissance entities; and
(k) Conduct such administrative and technical. support activities within and
outside the United States as are necessary to perform the functions described
in sections (a) through (j) above.
1.12 Intelligence Components Utilized liy the Secretary of Defense. In carry-
ing out the responsibilities assigned in section 1.11, the Secretary of Defense is
authorized to utilize the following:
(a) Defense Intelligence Agency, whose responsibilities shall include; .
(1) Collection, production, or, through tasking. and coordination, provision of
military and military-related intelligence for the Secretary of Defense, the Joint
Chiefs of Staff, other Defense components, and, as appropriate, non-Defense
agencies; ' . . - '
(2) Collection and provision of military intelligence for national foreign intelli-
gence and counterintelligence products;
(3) Coordination of all Department of Defense intelligence collection require-
ments; '
(4) itifanagement of the Defense Attache system; and'
(5) Provision of foreign intelligence and counterintelligence. staff support as
directed by the Joint Chiefs of Staff.
(b) National Security Agency, whose responsibilities shall include:
(1) Establishment and operation of an effective unified organization for signals
intelligence activities, except for the delegation of operational control over
certain, operations that are conducted through other elements of the Intelli-
gence Community. No other department or agency may engage in signals
intelligence activities except pursuant to a delegation by the Secretary of
Defense;
(2) Control of signals intelligence collection and' processing activities, includ-
ing assignment of resources to an appropriate agent for such periods and tasks
as required for the direct support of military commanders; .
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(3) Collection of signals intelligence information for national foreign intelli-
gence purposes in accordance with guidance from the Director of Central
Intelligence;
(4) Processing of signals intelligence data for national foreign intelligence
purposes in accordance with guidance from the Director of Central Intelli-
gence;
(5) Dissemination of signals intelligence information for national foreign intel-
ligence purposes to authorized elements of the Government, including the
military services, in accordance with guidance from the Director of Central
Intelligence;
(8) Collection, processing and dissemination of signals intelligence information
for counterintelligence purposes;
(7) Provision of signals intelligence support for the conduct of military oper-
ations in accordance .with tasking, priorities, and standards of timeliness
assigned by the Secretary of Defense. If provision of such support requires use
of national collection systems, these systems will be tasked within existing
guidance from the Director of Central Intelligence;
(B) Executing the responsibilities of the Secretary of Defense as executive
agent for the communications security of the United States Government; .
(9) Conduct of research and development to meet the needs of the United
States for signals intelligence and communications security;
(10) Protection of the security of its installations, activities, property, informa-
tion, and employees by appropriate means, including such investigations of
applicants, employees, contractors, and other persons with similar associ-
ations with the NSA as are necessary;
(11) Prescribing, within its field of authorized operations, security regulations
covering operating practices, including the transmission, handling and distri-
bution of signals intelligence and communications security material within
and among the elements under control of the Director of the NSA, and
exercising the necessary supervisory control to ensure compliance with the
regulations;
(12J 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 intelligence through reconnais-
sance programs, whose responsibilities shall include:
(1) Carrying out consolidated reconnaissance programs for specialized intelli-
gence;
(2) Responding to tasking in accordance with procedures established by the
Director of Central Intelligence; and
(3) Delegating authority to the various departments and agencies for research,
development, procurement, and operation of designated means of collection.
(d) The foreign intelligence and counterintelligence elements of the Army,
Navy, Air Force, and Marine Corps, whose responsibilities shall include:
(1) Collection, production and dissemination of military and military-related
foreign intelligence and counterintelligence, and information on the foreign
aspects of narcotics production and trafficking. When collection is conducted
in response to national foreign intelligence requirements, it will be conducted
in accordance with guidance from the Director of Central Intelligence. Collec-
tion of national foreign intelligence, not otherwise obtainable, outside the
United" States shall be coordinated with the CIA, and such collection within
the United States shall be coordinated with the FBI;
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(Z) Conduct of counterintelligence activities outside the United States in
coordination with the CIA, and within the United States in coordination with
the FBI; and
(3) Monitoring of the development, procurement and management of tactical
intelligence systems and equipment and conducting related research, develop-
ment, and test and evaluation activities.
(e) Other offices within .the.Department of Defense appropriate for conduct of
the intelligence missions and responsrbihties 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 necessary for the Secretary's
responsibilities;
(.e) Participate in formulating intelligence collection and analysis requirements
where the special expert capability of the Department can contribute; and
(d) Provide expert technical, analytical and research capability to other agen-
cies within .the Intelligence Community.
1.14 The Federal Bureau of Investigation. Under the supervision of the
Attorney 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 coun-
terintelligence activities of other agencies within the Intelligence Community.
When a counterintelligence .activity of the FBI involves military or civilian
personnel of the Department of Defense, the FBI shall coordinate with the
Department of Defense;
(b) Conduct counterintelligence .activities outside the United States in coordi-
nation vuith the CIA as required by procedures agreed upon by the Director of
Central Intelligence and the Attorney General;
(c) Conduct within the United States, when requested by officials of the
Intelligence Community designated by the President, activities undertaken to
collect foreign intelligence or support foreign intelligence collection require-
ments of other agencies within the Intelligence Community, or, when request-
ed by the Director of the National Security Agency, to support the communica-
tions security activities of the United States Government;
(d) Produce and disseminate foreign intelligence and counterintelligence; and
(e) Carly out or pontract for research, development and procurement of
technical systems and devices relating to the functions authorized above.
Part 2
Conduct of.IntelligenceActivities
2.1 Need. Accurate and timely information about the capabilities, intentions
and activities of foreign powers, organizations, or persons and. their agents is
essential to informed decisionmaking in the areas of national defense and
foreign relations. Collection of such information is a priority objective and will
be pursued in a vigorous, innovative and responsible manner that is consistent
with the Constitution and applicable law and respectful of the principles upon
which the United States was founded.
2.2 Purpose. This Order is intended to enhance human and technical collec-
tion techniques, especially those undertaken abroad, and the acquisition of
significant foreign intelligence, as well as the detection and countering of
international terrorist activities and espionage conducted by foreign powers.
Set forth below are certain general principles that, in addition to and consist-
ent with applicable laws, are intended to achieve the proper balance between
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the acquisition of essential information and protection of individual interests.
Nothing in this Order shall be construed to apply to or interfere with any
authorized civil or criminal law enforcement responsibility of any departmen4
or agency.
2.3 Collection of Information. Agencies within the Intelligence Community
are authorized to collect, retain of disseminate information concerning United
States persons only in accordance with procedures established by the head of
the agency concerned and approved by the Attorney General, consistent v`>ith
the authorities provided by Part 1 of this Order. Those procedures shall permit
collection, retention anal dissemination of the following types of information:
(a) Information that is publicly a~~ailable or collected with the consent of the
person concerned;
(b) Information constituting foreign intelligence or counterintelligence, includ-
ing such information concerning corporations or other commercial organiza-
tions. Collection within the United States of foreign intelligence not otherwise
obtainable shall be undertaken by the FBI or, when significant foreign intelli-
gence is sought, by other authorized agencies of the Intelligence Community,
provided that no foreign intelligence collection by such agencies may be
undertaken for the purpose of acquiring information concerning the domestic
activities of United States persons;
(c) Information obtained in the course of a lawful foreign intelligence, counter-
intelligence,. international narcotics or international terrorism investigation;
(d) Information needed to protect the safety of any persons or organizations,
including those who are targets, victims or hostages of international terrorist
organizations;
(e) Information needed to protect. foreign intelligence or counterintelligence
sources or methods from unauthorized disclosure. Collection within the United
States shall be undertaken by the FBI except that other agencies of the
Intelligence Community may also collect such information concerning present
or former employees, present or former intelligence agency contractors or their
present or former employees, or applicants for any such employment or
contracting;
(f) Information concerning persons who are reasonably believed to be poten-
tial 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 activi=
ties 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 allow-
ing the recipient agency to determine whether the information is relevant to its
responsibilities,and can be retained by it.
2.4 Collection Techniques. Agencies within the Intelligence Community shall
use the least intrusive collection techniques feasible within the United States
or directed against United States persons abroad. Agencies are not authorized
to use such techniques as electronic surveillance, unconsented physical
search, mail surveillance, physical surveillance, or monitoring devices unless
they are in accordance with procedures established by the head of the agency
concerned and approved by the Attorney General. Such procedures shall
protect constitutional and other legal rights and limit use of such information
to lawful governmental purposes. These procedures shall not authorize:
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(a) The .CIA to. engage in electronic surveillance within the United States
except for the. purpose of training, testing, or conducting countermeasures to
hostile electronic surveillance;
(b) Unconsented physical searches in the United States by agencies other than
the FBI, except for:
(1) Searches by .counterintelligence elements of the military services directed
against military personnel within the United States or abroad for intelligence
purposes, when authorized by a military commander empowered to approve
physical searches for law enforcement purposes, based upon a finding of
probable cause to believe that such persons are acting as agents of foreign
powers; ar}d '
(2) Searches by CIA of personal property of non-United States persons
lawfully,in its possession.
(c) Physical surveillance of a United States person in the United States by
agencies other than the FBI, except for:
(1) Physical surveillance of present or former employees, present or former
intelligence agency contractors or their present of former employees, or
applicants for any such employment or contracting; and
(2} Physical .surveillance of a military person employed by a nonintelligence
element of a military service.
(d) Physical surveillance of a United .States person abroad to collect foreign
intelligence, except to obtain significant information that cannot reasonably
be acquired by other means.
2.5 Attorney General Approval The Attorney General hereby is delegated
the power to approve the use for intelligence purposes, within the United
States or against a United States person abroad, of any technique for which a
warrant ,would be required if undertaken for law enforcement purposes,
provided that such techniques shall not be undertaken unless the Attorney
General has determined in each case that there is probable cause to believe
that the technique is directed against a foreign power or an agent of a foreign
power. Electronic surveillance, as defined in the Foreign Intelligence Surveil-
lance Act of 1978, shall be conducted in accordance with that Act, as well as
this Order.
2,8 Assistance to Law Enforcement Authorities. Agencies within the Intelli-
. gence Community are authorized to:
(a) Cooperate with appropriate law enforcement agencies for the purpose of
protecting the employees, information, property and facilities of any agency
within the Intelligence Community;
(b) Unless otherwise precluded by law or this Order, participate in law
enforcement activities #o investigate or prevent clandestine intelligence activi-
ties by foreign powers, or international terrorist or narcotics activities;
(c) Provide specialized equipment, technical knowledge, or assistance of
expert personnel for use by any department or agency, or, when lives are
endangered, to support local law enforcement agencies. Provision of assist-
ance by~ expert personnel shall be approved in each case by the General
Counael'of the providing agency; and
(d] Mender any other assistance and cooperation to law enforcement authori-
ties not precluded by applicable law.
2.7 Contracting. Agencies within the Intelligence,Community are authorized
to enter into contracts ors arrangements for the provision of goods or services
with private. companies or institutions in the United States and need not
reveal the sponsorship of such contracts or arrangements for authorized
intelligence .purposes. Contracts or arrangements with academic institutions
may be undertaken only with the consent of appropriate officials of the
institution.
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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 fn Organizations Within the CTnited States. No
one acting on behalf of agencies within the Intelligence Community may join
or otherwise participate in any organization in the United States on behalf of
any agency within the Intelligence Community without disclosing his intelli-
gence ? affiliation to appropriate officials of the organization,, except in accord-
, ance with procedures established by the head of the agency concerned and
approved by the Attorney General. Such participation shall be authorized only .
if it is essential to achieving lawful purposes as determined by the agency
'head or designee. No such participation may be undertaken for the purpose 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. .
2.10 Human Experimentation. No agency within the Intelligence Community
shall sponsor, contract for or conduct. research on human subjects except in
accordance with guidelines issued by the Department of Health and Human
Services. The subject's informed consent shall be documented as required by
those guidelines.
2.11 Prohibition on Assassination. No person employed by or acting on
behalf of the United States Government shall engage in, or conspire to engage
in, assassination.
2.12 Indirect Participation. No agency of the' Intelligence Community shall
participate in or request any person to undertake activities forbidden by this
Order: ,
Part 3
General Provisions
3.1 Congressional Oversight. The duties and responsibilities of the Director
of Central Intelligence and the heads of other departments, agencies, and
entities engaged in intelligence activities to cooperate with the Congress in the
conduct of its responsibilities for oversight of intelligence activities shall be as
provided in title 50; United States Code, section 413. The requirements of
section 662 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2422),
and section 501 of the National Security Act. of 1947, as amended (50 U.S.C.
413), shall apply to all special activities as.defined in this Order.
3.2 Implementation. The NSC, the Secretary of Defense, the Attorney Gener-
al, and the Director of Central Intelligence shall issue such appropriate
directives and procedures as are necessary to implement'this Order. Heads of
agencies within the .Intelligence Community shall issue appropriate supple-
mentary directives and procedures consistent with this Order. The Attorney
General shall provide a statement. of reasons .for not approving any proce-
dures established by the head of an agency in the Intelligence Community
other~than the FBI. The National Security Council may establish procedures in
instances where the agency head and the Attorney General are unable to
reach agreement on other than constitutional or other legal grounds.
3.3 Procedures. Until the procedures required by this Order have been
established, the activities herein authorized which require procedures shall be
conducted in accordance with~existingprocedures or requirements established
under Executive Order No. 12038. Procedures required by this Order shall be
established as expeditiously as possible. All procedures promulgated pursuant
to this Order shall be made available to the congressional intelligence commit=
tees.
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3.4 Definitions. For the purposes of this Order, the following terms shall have
these meanings:
(a) Counterintelligence means information gathered and activities conducted
to protect against espionage, other intelligence activities, sabotage, or assassi-
nations conducted for or on behalf of foreign powers, organizations or per-
sons, or international terrorist activities, but not including personnel, physical,
document or communications security programs.
(b) Electronic surveillance means acquisition of a nonpublic communication
by electronic means .without the consent of a person who is a party to an
electronic communication or, in the case of a nonelectronic communication,
without the consent of- a person who is visably present at the place of
communication, but not including the use of radio direction-finding equipment
solely to determine the location of a transmitter.
(c) Employee means a person employed by, assigned to or acting for an
agency within the Intelligence Community.
(d) Foreign intelligence means information relating to the capabilities, inten-
tions and activities of foreign powers, organizations or persons, but not
including counterintelligence except for information on international terrorist
activities.
(ej Intelligence activities means all activities that agencies within the ?Intelli-
gence Community are authorized to conduct pursuant to this Order.
(f) Intelligence Community and agencies within the Intelligence Community
refer to the following agencies or organizations:
(1) The Central Intelligence Agency (CIA);
(2) The National Security Agency [NSA);
(3) The Defense Intelligence Agency [DIA);
(4) The offices within the Department of Defense for the collection of special-
ized national foreign intelligence through reconnaissance programs;
(5) The Bureau of Intelligence and Research of the Department of State;
(6) The intelligence elements of the Army, Navy, Air Force, and Marine Corps,
the Federal Bureau of Investigation (FBI), the Department of the Treasury, and
the Department of Energy; and
(7) The staff elements of the Director of Central Intelligence.
(g) The National Foreign Intelligence Program includes the programs 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 reconnais-
sance, except such elements as the Director of Central Intelligence and the
Secretary of Defense agree should be excluded;
(3j Other programs of agencies within the Intelligence Community designated
jointly by the Director of Central Intelligence and the head of the department
or by the President as national foreign intelligence or counterintelligence
activities;
(4) Activities of the staff elements of the Director of Central Intelligence;
(5) Activities to acquire the intelligence required for the planning and conduct
of tactical operations by the United States military forces are not included in
the National Foreign Intelligence Program.
(h) Special activities means activities conducted in support of national foreign
policy objectives abroad which are planned and executed so that the role of
the United States Government is not apparent or acknowledged publicly, and
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functions in support of such activities, but which are not intended to influence
United States political processes, public opinion, policies, or media and do not
include diplomatic activities or the collection and production of intelligence or
related support functions.
(i) United States person means a United States citizen, an alien known by the
intelligence agency concerned to be a permanent resident alien, an unincor-
porated association substantially composed of United States citizens or per-
manent resident aliens, or a corporation incorporated in the United States,
except for a corporation directed and controlled by a foreign government or
governments.
3.5 Purpose and Effect. This Order is intended to control and provide
direction and guidance to the Intelligence Community. Nothing contained
herein or in any procedures promulgated hereunder is intended to confer any
substantive or procedural right or privilege on any person or organization.
3.6 Revocation. Executive Order No. 12036 of January 24, 1978, as amended,
entitled "United States Intelligence Activities," is revoked.
(FR 81-35203
Filed IZ-4=81; 4:09 pm]
Billing code 3195-01-M
THE WHITE HOUSE,
December 4, 1981.
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