Executive Order 12333

United States Intelligence Activities

December 4, 1981 Timely and accurate information about the activities,
capabilities, plans, and intentions of foreign powers, organizations,
and persons and their agents, is essential to the national security of
the United States.  All reasonable and lawful means must be used to
ensure that the United States will receive the best intelligence
available.  For that purpose, by virtue of the authority vested in me by
the Constitution and statutes of the United States of America, including
the National Security Act of 1947, as amended, and as President of the
United States of America, in order to provide for the effective conduct
of United States intelligence activities and the protection of
constitutional rights, it is hereby ordered as follows:

Part 1

Goals, Direction, Duties and Responsibilities With Respect to the
National Intelligence Effort

1.1  Goals.  The United States intelligence effort shall provide the
President and the National Security Council with the necessary
information on which to base decisions concerning the conduct and
development of foreign, defense and economic policy, and the protection
of United States national interests from foreign security threats.  All
departments and 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, 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 United States
persons, all agencies and departments should seek to ensure full and
free exchange of information in order to derive maximum benefit from the
United States intelligence effort.

1.2  The National Security Council.

(a)  Purpose.  The National Security Council (NSC) was established by
the National Security Act of 1947 to advise the President with respect
to the integration of domestic, foreign and military policies relating
to the national security.  The NSC shall act as the highest Executive
Branch entity that provides review of, guidance for and direction to the
conduct of all national foreign intelligence, counterintelligence, and
special activities, and attendant policies and programs. (b)
Committees.  The NSC shall establish such committees as may be necessary
to carry out its functions and responsibilities under this Order.  The
NSC, or a committee established by it, shall consider and submit to the
President a policy recommendation, including all dissents, on each
special activity and shall review proposals for other sensitive
intelligence operations.

1.3  National Foreign Intelligence Advisory Groups.

(a)  Establishment and Duties.  The Director of Central Intelligence
shall establish such boards, councils, or groups as required for the
purpose of obtaining advice from within the Intelligence Community
concerning: (1)  Production, review and coordination of national foreign
intelligence; (2)  Priorities for the National Foreign Intelligence
Program budget; (3)  Interagency exchanges of foreign intelligence
information; (4)  Arrangements with foreign governments on intelligence
matters; (5)  Protection of intelligence sources and methods; (6)
Activities of common concern; and (7)  Such other matters as may be
referred by the Director of Central Intelligence. (b)  Membership.
Advisory groups established pursuant to this section shall be chaired by
the Director of Central Intelligence or his designated representative
and shall consist of senior representatives from organizations within
the Intelligence Community and from departments or agencies containing
such organizations, as designated by the Director of Central
Intelligence. Groups for consideration of substantive intelligence
matters will include representatives of organizations involved in the
collection, processing and analysis of intelligence.  Al senior
representative of the Secretary of Commerce, the Attorney General, the
Assistant to the President for National Security Affairs, and the Office
of the Secretary of Defense shall be invited to participate in any group
which deals with other than substantive intelligence matters. 1.4  The
Intelligence Community.  The agencies within the Intelligence Community
shall, in accordance with applicable United States law and with the
other provisions of this Order, conduct intelligence activities
necessary for the conduct of foreign relations and the protection of the
national security of the United States, including: (a)  Collection of
information needed by the President, the National Security Council, the
Secretaries of State and Defense, and other Executive Branch officials
for the performance of their duties and responsibilities; (b)
Production and dissemination of intelligence; (c)  Collection of
information concerning, and the conduct of activities to protect
against, intelligence activities directed against the United States,
international terrorist and international narcotics activities, and
other hostile activities directed against the United States by foreign
powers, organizations, persons, and their agents; (d)  Special
activities; (e)  Administrative and support activities within the United
States and abroad necessary for the performance of authorized
activities; and (f)  Such other intelligence activities as the President
may direct from time to time. 1.5  Director of Central Intelligence.  In
order to discharge the duties and responsibilities prescribed by law,
the Director of Central Intelligence shall be responsible directly to
the President and the NSC and shall: (a)  Act as the primary adviser to
the President and the NSC on national foreign intelligence and provide
the President and other officials in the Executive Branch with national
foreign intelligence; (b)  Develop such objectives and guidance for the
Intelligence Community as will enhance capabilities for responding to
expected future needs for national foreign intelligence; (c)  Promote
the development and maintenance of services of common concern by
designated intelligence organizations on behalf of the Intelligence
Community; (d)  Ensure implementation of special activities; (e)
Formulate policies concerning foreign intelligence and
counterintelligence arrangements with foreign governments, coordinate
foreign intelligence and counterintelligence relationships between
agencies of the Intelligence Community and the intelligence or internal
security services of foreign governments, and establish procedures
governing the conduct of liaison by any department or agency with such
services on narcotics activities; (f)  Participate in the development of
procedures approved by the Attorney General governing criminal narcotics
intelligence activities abroad to ensure that these activities are
consistent with foreign intelligence programs; (g)  Ensure the
establishment by the Intelligence Community of common security and
access standards for managing and handling foreign intelligence systems,
information, and products; (h)  Ensure that programs are developed which
protect intelligence sources, methods, and analytical procedures; (i)
Establish uniform criteria for the determination of relative priorities
for the transmission of critical national foreign intelligence, and
advise the Secretary of Defense concerning the communications
requirements of the Intelligence Community for the transmission of such
intelligence; (j)  Establish appropriate staffs, committees, or other
advisory groups to assist in the execution of the Director's
responsibilities; (k)  Have full responsibility for production and
dissemination of national foreign intelligence, and authority to levy
analytic tasks on departmental intelligence production organizations, in
consultation with those organizations, ensuring that appropriate
mechanisms for competitive analysis are developed so that diverse points
of view are considered fully and differences of judgment within the
Intelligence Community are brought to the attention of national
policymakers; (l)  Ensure the timely exploitation and dissemination of
data gathered by national foreign intelligence collection means, and
ensure that the resulting intelligence is disseminated immediately to
appropriate government entities and military commands;

(m)  Establish mechanisms which translate national foreign intelligence
objectives and priorities approved by the NSC into specific guidance for
the Intelligence Community, resolve conflicts in tasking priority,
provide to departments and agencies having information collection
capabilities that are not part of the National Foreign Intelligence
Program advisory tasking concerning collection of national foreign
intelligence, and provide for the development of plans and arrangements
for transfer of required collection tasking authority to the Secretary
of Defense when directed by the President; (n)  Develop, with the advice
of the program managers and departments and agencies concerned, the
consolidated National Foreign Intelligence Program budget, and present
it to the President and the Congress; (o)  Review and approve all
requests for reprogramming National Foreign Intelligence Program funds,
in accordance with guidelines established by the Office of Management
and Budget; (p)  Monitor National Foreign Intelligence Program
implementation, and, as necessary, conduct program and performance
audits and evaluations; (q)  Together with the Secretary of Defense,
ensure that there is no unnecessary overlap between national foreign
intelligence programs and Department of Defense intelligence programs
consistent with the requirement to develop competitive analysis, and
provide to and obtain from the Secretary of Defense all information
necessary for this purpose; (r)  In accordance with law and relevant
procedures approved by the Attorney General under this Order, give the
heads of the departments and agencies access to all intelligence,
developed by the CIA or the staff elements of the Director of Central
Intelligence, relevant to the national intelligence needs of the
departments and agencies; and (s)  Facilitate the use of national
foreign intelligence products by Congress in a secure manner.

1.6  Duties and Responsibilities of the Heads of Executive Branch
Departments and Agencies.

(a)  The heads of all Executive Branch departments and agencies shall,
in accordance with law and relevant procedures approved by the Attorney
General under this Order, give the Director of Central Intelligence
access to all information relevant to the national intelligence needs of
the United States, and shall give due consideration to the requests from
the Director of Central Intelligence for appropriate support for
Intelligence Community activities. (b)  The heads of departments and
agencies involved in the National Foreign Intelligence Program shall
ensure timely development and submission to the Director of Central
Intelligence by the program managers and heads of component activities
of proposed national programs and budgets in the format designated by
the Director of Central Intelligence, and shall also ensure that the
Director of Central Intelligence is provided, in a timely and responsive
manner, all information necessary to perform the Director's program and
budget responsibilities. (c)  The heads of departments and agencies
involved in the National Foreign Intelligence Program may appeal to the
President decisions by the Director of Central Intelligence on budget or
reprogramming matters of the National Foreign Intelligence Program.

1.7  Senior Officials of the Intelligence Community.  The heads of
departments and agencies with organizations in the Intelligence
Community or the heads of such organizations, as appropriate, shall: (a)
Report to the Attorney General possible violations of federal criminal
laws by employees and of specified federal criminal laws by any other
person as provided in procedures agreed upon by the Attorney General and
the head of the department or agency concerned, in a manner consistent
with the protection of intelligence sources and methods, as specified in
those procedures; (b)  In any case involving serious or continuing
breaches of security, recommend to the Attorney General that the case be
referred to the FBI for further investigation; (c)  Furnish the Director
of Central Intelligence and the NSC, in accordance with applicable law
and procedures approved by the Attorney General under this Order, the
information required for the performance of their respective duties; (d)
Report to the Intelligence Oversight Board, and keep the Director of
Central Intelligence appropriately informed, concerning any intelligence
activities of their organizations that they have reason to believe may
be unlawful or contrary to Executive order or Presidential directive;
(e)  Protect intelligence and intelligence sources and methods from
unauthorized disclosure consistent with guidance from the Director of
Central Intelligence; (f)  Disseminate intelligence to cooperating
foreign governments under arrangements established or agreed to by the
Director of Central Intelligence; (g)  Participate in the development of
procedures approved by the Attorney General governing production and
dissemination of intelligence resulting from criminal narcotics
intelligence activities abroad if their departments, agencies, or
organizations have intelligence responsibilities for foreign or domestic
narcotics production and trafficking; (h)  Instruct their employees to
cooperate fully with the Intelligence Oversight Board; and (i)  Ensure
that the Inspectors General and General Counsels for their organizations
have access to any information necessary to perform their duties
assigned by this Order. 1.8  The Central Intelligence Agency.  All
duties and responsibilities of the CIA shall be related to the
intelligence functions set out below.  As authorized by this Order; the
National Security Act of 1947, as amended; the CIA Act of 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 counterintelligence within the
United States shall be coordinated with the FBI as required by
procedures agreed upon by the Director of Central Intelligence and the
Attorney General; (b)  Collect, produce and disseminate intelligence on
foreign aspects of narcotics production and trafficking; (c)  Conduct
counterintelligence activities outside the United States and, without
assuming or performing any internal security functions, conduct
counterintelligence activities within the United States in coordination
with the FBI as required by procedures agreed upon by the Director of
Central Intelligence and the Attorney General; (d)  Coordinate
counterintelligence activities and the collection of information not
otherwise obtainable when conducted outside the United States by other
departments and agencies; (e)  Conduct special activities approved by
the President.  No agency except the CIA (or the Armed Forces of the
United States in time of war declared by Congress or during any period
covered by a report from the President to the Congress under the War
Powers Resolution (87 Stat. 855))* may conduct any special activity
unless the President determines that another agency is more likely to
achieve a particular objective; (f)  Conduct services of common concern
for the Intelligence Community as directed by the NSC; (g)  Carry out or
contract for research, development and procurement of technical systems
and devices relating to authorized functions; (h)  Protect the security
of its installations, activities, information, property, and employees
by appropriate means, including such investigations of applicants,
employees, contractors, and other persons with similar associations with
the CIA as are necessary; and (i)  Conduct such administrative and
technical support activities within and outside the United States as are
necessary to perform the functions described in sections (a) through (h)
above, including procurement and essential cover and proprietary
arrangements. 1.9  The Department of State.  The Secretary of State
shall: (a)  Overtly collect information relevant to United States
foreign policy concerns; (b)  Produce and disseminate foreign
intelligence relating to United States foreign policy as required for
the execution of the Secretary's responsibilities; (c)  Disseminate, as
appropriate, reports received from United States diplomatic and consular
posts; (d)  Transmit reporting requirements of the Intelligence
Community to the Chiefs of United States Missions abroad; and (e)
Support Chiefs of Missions in discharging their statutory
responsibilities for direction and coordination of mission activities.
1.10  The Department 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 responsibilities; and (d)
Conduct, through the United States Secret Service, activities to
determine the existence and capability of surveillance equipment being
used against the President of the United States, the Executive Office of
the President, and, as authorized by the Secretary of the Treasury or
the President, other Secret Service protectees and United States
officials.  No information shall be acquired intentionally through such
activities except to protect against such surveillance, and those
activities shall be conducted pursuant to procedures agreed upon by the
Secretary of the Treasury and the Attorney General.

1.11  The Department of Defense.  The Secretary of Defense shall: (a)
Collect national foreign intelligence and be responsive to collection
tasking by the Director of Central Intelligence; (b)  Collect, produce
and disseminate military and military-related foreign intelligence and
counterintelligence as required for execution of the Secretary's
responsibilities; (c)  Conduct programs and missions necessary to
fulfill national, departmental and tactical foreign intelligence
requirements; (d)  Conduct counterintelligence activities in support of
Department of Defense components outside the United States in
coordination with the CIA, and within the United States in coordination
with the FBI pursuant to procedures agreed upon by the Secretary of
Defense and the Attorney General; (e)  Conduct, as the executive agent
of the United States Government, signals intelligence and communications
security activities, except as otherwise directed by the NSC; (f)
Provide for the timely transmission of critical intelligence, as defined
by the Director of Central Intelligence, within the United States
Government; (g)  Carry out or contract for research, development and
procurement of technical systems and devices relating to authorized
intelligence functions; (h)  Protect the security of Department of
Defense installations, activities, property, information, and employees
by appropriate means, including such investigations of applicants,
employees, contractors, and other persons with similar associations with
the Department of Defense as are necessary; (i)  Establish and maintain
military intelligence relationships and military intelligence exchange
programs with selected cooperative foreign defense establishments and
international organizations, and ensure that such relationships and
programs are in accordance with policies formulated by the Director of
Central Intelligence; (j)  Direct, operate, control and provide fiscal
management for the National Security Agency and for defense and military
intelligence and national reconnaissance entities; and (k)  Conduct such
administrative and technical support activities within and outside the
United States as are necessary to perform the functions described in
sections (a) through (j) above. 1.12  Intelligence Components Utilized
by the Secretary of Defense.  In carrying out the responsibilities
assigned in section 1.11, the Secretary of Defense is authorized to
utilize the following: (a)  Defense Intelligence Agency, whose
responsibilities shall include; (1)  Collection, production, or, through
tasking and coordination, provision of military and military-related
intelligence for the Secretary of Defense, the Joint Chiefs of Staff,
other Defense components, and, as appropriate, non-Defense agencies; (2)
Collection and provision of military intelligence for national foreign
intelligence and counterintelligence products; (3)  Coordination of all
Department of Defense intelligence collection requirements; (4)
Management of the Defense Attache system; and (5)  Provision of foreign
intelligence and counterintelligence staff support as directed by the
Joint Chiefs of Staff. (b)  National Security Agency, whose
responsibilities shall include: (1)  Establishment and operation of an
effective unified organization for signals intelligence activities,
except for the delegation of operational control over certain operations
that are conducted through other elements of the Intelligence Community.
No other department or agency may engage in signals intelligence
activities except pursuant to a delegation by the Secretary of Defense;
(2)  Control of signals intelligence collection and processing
activities, including assignment of resources to an appropriate agent
for such periods and tasks as required for the direct support of
military commanders; (3)  Collection of signals intelligence information
for national foreign intelligence purposes in accordance with guidance
from the Director of Central Intelligence; (4)  Processing of signals
intelligence data for national foreign intelligence purposes in
accordance with guidance from the Director of Central Intelligence; (5)
Dissemination of signals intelligence information for national foreign
intelligence purposes to authorized elements of the Government,
including the military services, in accordance with guidance from the
Director of Central Intelligence; (6)  Collection, processing and
dissemination of signals intelligence information for
counterintelligence purposes; (7)  Provision of signals intelligence
support for the conduct of military operations in accordance with
tasking, priorities, and standards of timeliness assigned by the
Secretary of Defense.  If provision of such support requires use of
national collection systems, these systems will be tasked within
existing guidance from the Director of Central Intelligence; (8)
Executing the responsibilities of the Secretary of Defense as executive
agent for the communications security of the United States Government;
(9)  Conduct of research and development to meet the needs of the United
States for signals intelligence and communications security; (10)
Protection of the security of its installations, activities, property,
information, and employees by appropriate means, including such
investigations of applicants, employees, contractors, and other persons
with similar associations with the NSA as are necessary; (11)
Prescribing, within its field of authorized operations, security
regulations covering operating practices, including the transmission,
handling and distribution of signals intelligence and communications
security material within and among the elements under control of the
Director of the NSA, and exercising the necessary supervisory control to
ensure compliance with the regulations; (12)  Conduct of foreign
cryptologic liaison relationships, with liaison for intelligence
purposes conducted in accordance with policies formulated by the
Director of Central Intelligence; and (13)  Conduct of such
administrative and technical support activities within and outside the
United States as are necessary to perform the functions described in
sections (1) through (12) above, including procurement. (c)  Offices for
the collection of specialized intelligence through reconnaissance
programs, whose responsibilities shall include: (1)  Carrying out
consolidated reconnaissance programs for specialized intelligence; (2)
Responding to tasking in accordance with procedures established by the
Director of Central Intelligence; and (3)  Delegating authority to the
various departments and agencies for research, development, procurement,
and operation of designated means of collection. (d)  The foreign
intelligence and counterintelligence elements of the Army, Navy, Air
Force, and Marine Corps, whose responsibilities shall include: (1)
Collection, production and dissemination of military and military-
related foreign intelligence and counterintelligence, and information on
the foreign aspects of narcotics production and trafficking.  When
collection is conducted in response to national foreign intelligence
requirements, it will be conducted in accordance with guidance from the
Director of Central Intelligence.  Collection of national foreign
intelligence, not otherwise obtainable, outside the United States shall
be coordinated with the CIA, and such collection within the United
States shall be coordinated with the FBI; (2)  Conduct of
counterintelligence activities outside the United States 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, development, and test and evaluation activities. (e)  Other
offices within the Department of Defense appropriate for conduct of the
intelligence missions and responsibilities assigned to the Secretary of
Defense.  If such other offices are used for intelligence purposes, the
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; (c)  Participate in formulating
intelligence collection and analysis requirements where the special
expert capability of the Department can contribute; and (d)  Provide
expert technical, analytical and research capability to other agencies
within the Intelligence Community. 1.14  The Federal Bureau of
Investigation.  Under the supervision of the Attorney General and
pursuant to such regulations as the Attorney General may establish, the
Director of the FBI shall: (a)  Within the United States conduct
counterintelligence and coordinate counterintelligence activities of
other agencies within the Intelligence Community.  When a
counterintelligence activity of the FBI involves military or civilian
personnel 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
procedures agreed upon by the Director of Central Intelligence and the
Attorney General;

(c)  Conduct within the United States, when requested by officials of
the Intelligence Community designated by the President, activities
undertaken to collect foreign intelligence or support foreign
intelligence collection requirements of other agencies within the
Intelligence Community, or, when requested by the Director of the
National Security Agency, to support the communications security
activities of the United States Government; (d)  Produce and disseminate
foreign intelligence and counterintelligence; and (e)  Carry out or
contract for research, development and procurement of technical systems
and devices relating to the functions authorized above.

Part 2

Conduct of Intelligence Activities

2.1  Need.  Accurate and timely information about the capabilities,
intentions and activities of foreign powers, organizations, or persons
and their agents is essential to informed 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 collection techniques, especially those undertaken
abroad, and the acquisition of significant foreign intelligence, as well
as the detection and countering of international terrorist activities
and espionage conducted by foreign powers. Set forth below are certain
general principles that, in addition to and consistent with applicable
laws, are intended to achieve the proper balance between the acquisition
of essential information and protection of individual interests.
Nothing in this Order shall be construed to apply to or interfere with
any authorized civil or criminal law enforcement responsibility of any
department or agency. 2.3  Collection of Information.  Agencies within
the Intelligence Community are authorized to collect, retain or
disseminate information concerning United States persons only in
accordance with procedures established by the head of the agency
concerned and approved by the Attorney General, consistent with the
authorities provided by Part 1 of this Order.  Those procedures shall
permit collection, retention and dissemination of the following types of
information: (a)  Information that is publicly available or collected
with the consent of the person concerned; (b)  Information constituting
foreign intelligence or counterintelligence, including such information
concerning corporations or other commercial organizations.  Collection
within the United States of foreign intelligence not otherwise
obtainable shall be undertaken by the FBI or, when significant foreign
intelligence is sought, by other authorized agencies of the Intelligence
Community, provided that no foreign intelligence collection by such
agencies may be undertaken for the purpose of acquiring information
concerning the domestic activities of United States persons; (c)
Information obtained in the course of a lawful foreign intelligence,
counterintelligence, international narcotics or international terrorism
investigation; (d)  Information needed to protect the safety of any
persons or organizations, including those who are targets, victims or
hostages of international terrorist organizations; (e)  Information
needed to protect foreign intelligence or counterintelligence sources or
methods from unauthorized disclosure. Collection within the United
States shall be undertaken by the FBI except that other agencies of the
Intelligence Community may also collect such information concerning
present or former employees, present or former intelligence agency
contractors or their present or former employees, or applicants for any
such employment or contracting; (f)  Information concerning persons who
are reasonably believed to be potential sources or contacts for the
purpose of determining their suitability or credibility; (g)
Information arising out of a lawful personnel, physical or
communications security investigation; (h)  Information acquired by
overhead reconnaissance not directed at specific United States persons;
(i)  Incidentally obtained information that may indicate involvement in
activities that may violate federal, state, local or foreign laws; and
(j)  Information necessary for administrative purposes. In addition,
agencies within the Intelligence Community may disseminate information,
other than information derived from signals intelligence, to each
appropriate agency within the Intelligence Community for purposes of
allowing the recipient agency to determine whether the information is
relevant to its responsibilities and can be retained by it. 2.4
Collection Techniques.  Agencies within the Intelligence Community shall
use the least intrusive collection techniques feasible within the United
States or directed against United States persons abroad.  Agencies are
not authorized to use such techniques as electronic surveillance,
unconsented physical search, mail surveillance, physical surveillance,
or monitoring devices unless they are in accordance with procedures
established by the head of the agency concerned and approved by the
Attorney General.  Such procedures shall protect constitutional and
other legal rights and limit use of such information to lawful
governmental purposes.  These procedures shall not authorize: (a)  The
CIA to engage in electronic surveillance within the United States except
for the purpose of training, testing, or conducting countermeasures to
hostile electronic surveillance; (b)  Unconsented physical searches in
the United States by agencies other than the FBI, except for: (1)
Searches by counterintelligence elements of the military services
directed against military personnel within the United States or abroad
for intelligence purposes, when authorized by a military commander
empowered to approve physical searches for law enforcement purposes,
based upon a finding of probable cause to believe that such persons are
acting as agents of foreign powers; and (2)  Searches by CIA of personal
property of non-United States persons lawfully in its possession. (c)
Physical surveillance of a United States person in the United States by
agencies other than the FBI, except for:

(1)  Physical surveillance of present or former employees, present or
former intelligence agency contractors or their present of former
employees, or applicants for any such employment or contracting; and (2)
Physical surveillance of a military person employed by a nonintelligence
element of a military service. (d)  Physical surveillance of a United
States person abroad to collect foreign intelligence, except to obtain
significant information that cannot reasonably be acquired by other
means. 2.5  Attorney General Approval.  The Attorney General hereby is
delegated the power to approve the use for intelligence purposes, within
the United States or against a United States person abroad, of any
technique for which a warrant would be required if undertaken for law
enforcement purposes, provided that such techniques shall not be
undertaken unless the Attorney General has determined in each case that
there is probable cause to believe that the technique is directed
against a foreign power or an agent of a foreign power. Electronic
surveillance, as defined in the Foreign Intelligence Surveillance Act of
1978, shall be conducted in accordance with that Act, as well as this
Order. 2.6  Assistance to Law Enforcement Authorities.  Agencies within
the Intelligence Community are authorized to: (a)  Cooperate with
appropriate law enforcement agencies for the purpose of protecting the
employees, information, property and facilities of any agency within the
Intelligence Community; (b)  Unless otherwise precluded by law or this
Order, participate in law enforcement activities to investigate or
prevent clandestine intelligence activities by foreign powers, or
international terrorist or narcotics activities; (c)  Provide
specialized equipment, technical knowledge, or assistance of expert
personnel for use by any department or agency, or, when lives are
endangered, to support local law enforcement agencies.  Provision of
assistance by expert personnel shall be approved in each case by the
General Counsel of the providing agency; and (d)  Render any other
assistance and cooperation to law enforcement authorities not precluded
by applicable law. 2.7  Contracting.  Agencies within the Intelligence
Community are authorized to enter into contracts or arrangements for the
provision of goods or services with private companies or institutions in
the United States and need not reveal the sponsorship of such contracts
or arrangements for authorized intelligence purposes.  Contracts or
arrangements with academic institutions may be undertaken only with the
contract of appropriate officials of the institution. 2.8  Consistency
With Other Laws.  Nothing in this Order shall be construed to authorize
any activity in violation of the Constitution or statutes of the United
States. 2.9  Undisclosed Participation in Organizations Within the
United States.  No one acting on behalf of agencies within the
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 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 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
General, and the Director of Central Intelligence shall issue such
appropriate directives and procedures as are necessary to implement this
Order.  Heads of agencies within the Intelligence Community shall issue
appropriate supplementary directives and procedures consistent with this
Order.  The Attorney General shall provide a statement of reasons for
not approving any procedures established by the head of an agency in the
Intelligence Community other than the FBI.  The National Security
Council may establish procedures in instances where the agency head and
the Attorney General are unable to reach agreement on other than
constitutional or other legal grounds. 3.3  Procedures.  Until the
procedures required by this Order have been established, the activities
herein authorized which require procedures shall be conducted in
accordance with existing procedures or requirements established under
Executive Order No. 12036.  Procedures required by this Order shall be
established as expeditiously as possible.  All procedures promulgated
pursuant to this Order shall be made available to the congressional
intelligence committees. 3.4  Definitions.  For the purposes of this
Order, the following terms shall have these meanings: (a)
Counterintelligence means information gathered and activities conducted
to protect against espionage, other intelligence activities, sabotage,
or assassinations conducted for or on behalf of foreign powers,
organizations or persons, or international terrorist activities, but not
including personnel, physical, document or communications security
programs. (b)  Electronic surveillance means acquisitions of a nonpublic
communication by electronic means without the consent of a person who is
a party to an electronic communication or, in the case of a
nonelectronic communication, without the consent of a person who is
visably present at the place of communication, but not including the use
of radio direction-finding equipment solely to determine the location of
a transmitter. (c)  Employee means a person employed by, assigned to or
acting for an agency within the Intelligence Community. (d)  Foreign
intelligence means information relating to the capabilities, intentions
and activities of foreign powers, organizations or persons, but not
including counterintelligence except for information on international
terrorist activities. (e)  Intelligence activities means all activities
that agencies within the Intelligence Community are authorized to
conduct pursuant to this Order. (f)  Intelligence Community and agencies
within the Intelligence Community refer to the following agencies or
organizations: (1)  The Central Intelligence Agency (CIA); (2)  The
National Security Agency (NSA); (3)  The Defense Intelligence Agency
(DIA); (4)  The offices within the Department of Defense for the
collection of specialized national foreign intelligence through
reconnaissance programs; (5)  The Bureau of Intelligence and Research of
the Department of State; (6)  The intelligence elements of the Army,
Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation
(FBI), the Department of the Treasury, and the Department of Energy; and
(7)  The staff elements of the Director of Central Intelligence. (g)
The National Foreign Intelligence Program includes the programs listed
below, but its composition shall be subject to review by the National
Security Council and modification by the President: (1)  The programs of
the CIA; (2)  The Consolidated Cryptologic Program, the General Defense
Intelligence Program, and the programs of the offices within the
Department of Defense for the collection of specialized national foreign
intelligence through reconnaissance, except such elements as the
Director of Central Intelligence and the Secretary of Defense agree
should be excluded; (3)  Other programs of agencies within the
Intelligence Community designated jointly by the Director of Central
Intelligence and the head of the department or by the President as
national foreign intelligence or counterintelligence activities; (4)
Activities of the staff elements of the Director of Central
Intelligence; (5)  Activities to acquire the intelligence required for
the planning and conduct of tactical operations by the United States
military forces are not included in the National Foreign Intelligence
Program. (h)  Special activities means activities conducted in support
of national foreign policy objectives abroad which are planned and
executed so that the role of the United States Government is not
apparent or acknowledged publicly, and functions in support of such
activities, but which are not intended to influence United States
political processes, public opinion, policies, or media and do not
include diplomatic activities or the collection and production of
intelligence or related support functions. (i)  United States person
means a United States citizen, an alien known by the intelligence agency
concerned to be a permanent resident alien, an unincorporated
association substantially composed of United States citizens or
permanent resident aliens, or a corporation incorporated in the United
States, except for a corporation directed and controlled by a foreign
government or governments. 3.5  Purpose and Effect.  This Order is
intended to control and provide direction and guidance to the
Intelligence Community.  Nothing contained herein or in any procedures
promulgated hereunder is intended to confer any substantive or
procedural right or privilege on any person or organization. 3.6
Revocation.  Executive Order No. 12036 of January 24, 1978, as amended,
entitled 'United States Intelligence Activities,' is revoked.

RONALD REAGAN THE WHITE HOUSE, December 4, 1981.


 
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