www.archives.gov Open in urlscan Pro
2600:9000:2491:8e00:f:fd2b:b880:93a1  Public Scan

Form analysis
1 forms found in the DOM

Name: search — GET https://search.archives.gov/search

<form action="https://search.archives.gov/search" method="get" name="search">
  <label for="qt" style="position:absolute;">Search</label>
  <input class="form-control" id="qt" accesskey="s" type="text" name="query" placeholder="Search Archives.gov" title="Search Archives.gov">
  <span class="input-group-btn">
    <button class="btn btn-default" id="go" type="submit" name="submit">Search</button>
  </span>
  <input type="hidden" value="" name="utf8">
  <input id="affiliate" type="hidden" value="national-archives" name="affiliate">
</form>

Text Content

Top
Skip to main content
The U.S. National Archives Home
Menu
Blogs · Bookmark/Share · Contact Us
Search Search


MAIN MENU

 * Research Our Records
 * Veterans' Service Records
 * Educator Resources
 * Visit Us
 * America's Founding Documents

Office of the Federal Register (OFR)

Home > OFR > Codification > Executive Orders


CODIFICATION

 * About the Codification
 * Alphabetical Index
 * Chapter Index
 * Numeric Index

Search the Codification


EXECUTIVE ORDERS

Executive Order 12333--United States intelligence activities

Source: The provisions of Executive Order 12333 of Dec. 4, 1981, appear at 46 FR
59941, 3 CFR, 1981 Comp., p. 200, unless otherwise noted.

Table of Contents

Preamble

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

1.1Goals. 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.

1.2The 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.

1.3National 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.

1.4The 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.

1.5Director 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.

1.6Duties 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.

1.7Senior 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.

1.8The 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)1) 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.

1.9The 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.

1.10The 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.

1.11The 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.

1.12Intelligence 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.

1.13The 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.

1.14The 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

2.1Need. 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.

2.2Purpose. 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.

2.3Collection 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.

2.4Collection 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.

2.5Attorney 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.

2.6Assistance 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.

2.7Contracting. 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.

2.8Consistency 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.

2.9Undisclosed 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.

2.10Human 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.

2.11Prohibition on Assassination. No person employed by or acting on behalf of
the United States Government shall engage in, or conspire to engage in,
assassination.

2.12Indirect 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

3.1Congressional 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.

3.2Implementation. 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.

3.3Procedures. 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.

3.4Definitions. 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 visibly 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.

3.5Purpose 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.

3.6Revocation. Executive Order No. 12036 of January 24, 1978, as amended,
entitled "United States Intelligence Activities," is revoked.

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

1Editorial note: The correct citation is (87 Stat. 555).

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



This page was last reviewed on August 15, 2016.
Contact us with questions or comments.


ARCHIVES.GOV


INFORMATION FOR…

 * Citizen Archivists
 * Federal Employees
 * Genealogists
 * Members of Congress
 * Preservation
 * Records Managers
 * The Press


PUBLICATIONS

 * Today's Federal Register
 * Prologue Magazine
 * Subscribe to Email Newsletters
 * All Publications


ORGS. & OFFICES

 * Center for Legislative Archives
 * Federal Records Center
 * Office of the Federal Register
 * Office of the Inspector General
 * Presidential Libraries
 * Staff Directory


ABOUT US

 * What is the National Archives?
 * National Archives by the Numbers
 * Doing Business with Us
 * Plans and Reports
 * Open Government
 * Our Plain Language Activities


I WANT TO…

 * Get My Military Record
 * Plan a Research Visit
 * Visit the Museum
 * View Online Exhibits
 * Apply for a Grant
 * Research Presidential Records


PARTICIPATE

 * Attend an Event
 * Donate to the Archives
 * Work at the Archives
 * Volunteer at the Archives


RESOURCES

 * A-Z Index
 * America's Founding Docs
 * Contact Us
 * En Español
 * FAQs
 * Forms


SHOP ONLINE

 * Visit the National Archives Store
 * Buy Reproductions and Microfilm


CONNECT WITH US

 * Facebook
 * Twitter
 * Instagram
 * Tumblr
 * YouTube
 * Blogs
 * Flickr



Contact Us · Accessibility · Privacy Policy · Freedom of Information Act · No
FEAR Act · USA.gov

The U.S. National Archives and Records Administration
1-86-NARA-NARA or 1-866-272-6272

Top
✓
Thanks for sharing!
AddToAny
More…