[Executive Orders]
FAS Note: Executive Order 12333 was amended on January 23, 2003 by Executive Order 13284, on August 27, 2004 by Executive Order 13355, and further amended on July 30, 2008 by Executive Order 13470. The resulting text of Executive Order 12333, following the 2008 amendment, is available here (pdf).

UNITED STATES INTELLIGENCE ACTIVITIES

EO 12333

4 December 1981



                            TABLE OF CONTENTS

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   Preamble

   Part 1. Goals, Direction, Duties,
    and Responsibilities With
    Respect to the National
    Intelligence Effort

   Sec.

   1.1                                Goals

   1.2                                The National Security Council

   1.3                                National Foreign Intelligence
                                       Advisory Groups

   1.4                                The Intelligence Community

   1.5                                Director of Central Intelligence

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

   1.7                                Senior Officials of the
                                       Intelligence Community

   1.8                                The Central Intelligence Agency

   1.9                                The Department of State

   1.10                               The Department of the Treasury

   1.11                               The Department of Defense

   1.12                               Intelligence Components Utilized
                                       by the Secretary of Defense

   1.13                               The Department of Energy

   1.14                               The Federal Bureau of
                                       Investigation

   Part 2. Conduct of Intelligence

    Activities

   2.1                                Need

   2.2                                Purpose

   2.3                                Collection of Information

   2.4                                Collection Techniques

   2.5                                Attorney General Approval

   2.6                                Assistance to Law Enforcement
                                       Authorities

   2.7                                Contracting

   2.8                                Consistency With Other Laws

   2.9                                Undisclosed Participation in
                                       Organizations Within the United
                                       States

   2.10                               Human Experimentation

   2.11                               Prohibition on Assassination

   2.12                               Indirect Participation


   Part 3. General Provisions

   3.1                                Congressional Oversight

   3.2                                Implementation

   3.3                                Procedures

   3.4                                Definitions

   3.5                                Purpose and Effect

   3.6                                Revocation

                    -------------------------------


     Timely and accurate information about the activities,
   capabilities, plans, and intentions of foreign powers,
   organizations, and persons, and their agents, is essential to the
   national security of the United States. All reasonable and lawful
   means must be used to ensure that the United States will receive
   the best intelligence available.  For that purpose, by virtue of
   the authority vested in me by the Constitution and statutes of the
   United States of America, including the National Security Act of
   1947, as amended (see Short Title note above), 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 (see Short Title note above)
   to advise the President with respect to the integration of
   domestic, foreign and military policies relating to the national
   security.  The NSC shall act as the highest Executive Branch entity
   that provides review of, guidance for and direction to the conduct
   of all national foreign intelligence, counterintelligence, and
   special activities, and attendant policies and programs.

     (b) Committees. The NSC shall establish such committees as may be
   necessary to carry out its functions and responsibilities under
   this Order. The NSC, or a committee established by it, shall
   consider and submit to the President a policy recommendation,
   including all dissents, on each special activity and shall review
   proposals for other sensitive intelligence operations.


            1.3 NATIONAL FOREIGN INTELLIGENCE ADVISORY GROUPS

     (a) Establishment and Duties. The Director of Central
   Intelligence shall establish such boards, councils, or groups as
   required for the purpose of obtaining advice from within the
   Intelligence Community concerning:

     (1) Production, review and coordination of national foreign
   intelligence;

     (2) Priorities for the National Foreign Intelligence Program
   budget;

     (3) Interagency exchanges of foreign intelligence information;

     (4) Arrangements with foreign governments on intelligence
   matters;

     (5) Protection of intelligence sources and methods;

     (6) Activities of common concern; and

     (7) Such other matters as may be referred by the Director of
   Central Intelligence.

     (b) Membership. Advisory groups established pursuant to this
   section shall be chaired by the Director of Central Intelligence or
   his designated representative and shall consist of senior
   representatives from organizations within the Intelligence
   Community and from departments or agencies containing such
   organizations, as designated by the Director of Central
   Intelligence. Groups for consideration of substantive intelligence
   matters will include representatives of organizations involved in
   the collection, processing and analysis of intelligence.  A senior
   representative of the Secretary of Commerce, the Attorney General,
   the Assistant to the President for National Security Affairs, and
   the Office of the Secretary of Defense shall be invited to
   participate in any group which deals with other than substantive
   intelligence matters.


                      1.4 THE INTELLIGENCE COMMUNITY

     The agencies within the Intelligence Community shall, in
   accordance with applicable United States law and with the other
   provisions of this Order, conduct intelligence activities necessary
   for the conduct of foreign relations and the protection of the
   national security of the United States, including:

     (a) Collection of information needed by the President, the
   National Security Council, the Secretaries of State and Defense,
   and other Executive Branch officials for the performance of their
   duties and responsibilities;

     (b) Production and dissemination of intelligence;

     (c) Collection of information concerning, and the conduct of
   activities to protect against, intelligence activities directed
   against the United States, international terrorist and
   international narcotics activities, and other hostile activities
   directed against the United States by foreign powers,
   organizations, persons, and their agents;

     (d) Special activities;

     (e) Administrative and support activities within the United
   States and abroad necessary for the performance of authorized
   activities; and

     (f) Such other intelligence activities as the President may
   direct from time to time.


                   1.5 DIRECTOR OF CENTRAL INTELLIGENCE

     In order to discharge the duties and responsibilities prescribed
   by law, the Director of Central Intelligence shall be responsible
   directly to the President and the NSC and shall:

     (a) Act as the primary adviser to the President and the NSC on
   national foreign intelligence and provide the President and other
   officials in the Executive Branch with national foreign
   intelligence;

     (b) Develop such objectives and guidance for the Intelligence
   Community as will enhance capabilities for responding to expected
   future needs for national foreign intelligence;

     (c) Promote the development and maintenance of services of common
   concern by designated intelligence organizations on behalf of the
   Intelligence Community;

     (d) Ensure implementation of special activities;

     (e) Formulate policies concerning foreign intelligence and
   counterintelligence arrangements with foreign governments,
   coordinate foreign intelligence and counterintelligence
   relationships between agencies of the Intelligence Community and
   the intelligence or internal security services of foreign
   governments, and establish procedures governing the conduct of
   liaison by any department or agency with such services on narcotics
   activities;

     (f) Participate in the development of procedures approved by the
   Attorney General governing criminal narcotics intelligence
   activities abroad to ensure that these activities are consistent
   with foreign intelligence programs;

     (g) Ensure the establishment by the Intelligence Community of
   common security and access standards for managing and handling
   foreign intelligence systems, information, and products;

     (h) Ensure that programs are developed which protect intelligence
   sources, methods, and analytical procedures;

     (i) Establish uniform criteria for the determination of relative
   priorities for the transmission of critical national foreign
   intelligence, and advise the Secretary of Defense concerning the
   communications requirements of the Intelligence Community for the
   transmission of such intelligence;

     (j) Establish appropriate staffs, committees, or other advisory
   groups to assist in the execution of the Director's
   responsibilities;

     (k) Have full responsibility for production and dissemination of
   national foreign intelligence, and authority to levy analytic tasks
   on 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 (see Short
   Title note above); the CIA Act of 1949, as amended (see Short Title
   of 1949 Amendment note above); 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) (50 U.S.C. 1541 et seq.)) may conduct any
   special activity unless the President determines that another
   agency is more likely to achieve a particular objective;

     (f) Conduct services of common concern for the Intelligence
   Community as directed by the NSC;

     (g) Carry out or contract for research, development and
   procurement of technical systems and devices relating to authorized
   functions;

     (h) Protect the security of its installations, activities,
   information, property, and employees by appropriate means,
   including such investigations of applicants, employees,
   contractors, and other persons with similar associations with the
   CIA as are necessary; and

     (i) Conduct such administrative and technical support activities
   within and outside the United States as are necessary to perform
   the functions described in sections (a) and (sic) 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 or
   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 (50
   U.S.C. 1801 et seq.), 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 consent of appropriate officials of the institution.


                     2.8 CONSISTENCY WITH OTHER LAWS

     Nothing in this Order shall be construed to authorize any
   activity in violation of the Constitution or statutes of the United
   States.


     2.9 UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED
                                  STATES

     No one acting on behalf of agencies within the 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 (formerly set out above).  Procedures required by this Order
   shall be established as expeditiously as possible.  All procedures
   promulgated pursuant to this Order shall be made available to the
   congressional intelligence committees.


                             3.4 DEFINITIONS

     For the purposes of this Order, the following terms shall have
   these meanings:

     (a) Counterintelligence means information gathered and activities
   conducted to protect against espionage, other intelligence
   activities, sabotage, or assassinations conducted for or on behalf
   of foreign powers, organizations or persons, or international
   terrorist activities, but not including personnel, physical,
   document or communications security programs.

     (b) Electronic surveillance means acquisition of a nonpublic
   communication by electronic means without the consent of a person
   who is a party to an electronic communication or, in the case of a
   nonelectronic communication, without the consent of a person who is
   visably (sic) 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.