Executive Order l2333 - United States Intelligence Activities

"The President has the power to seize property, organize and control the means of production, seize commodities, assign military forces abroad, call reserve forces amounting to 2 1/2 million men to duty, institute martial law, seize and control all means of transportation, regulate all private enterprise, restrict travel, and in a plethora of particular ways, control the lives of all Americans...

Most [of these laws] remain a a potential source of virtually unlimited power for a President should he choose to activate them. It is possible that some future President could exercise this vast authority in an attempt to place the United States under authoritarian rule.

While the danger of a dictatorship arising through legal means may seem remote to us today, recent history records Hitler seizing control through the use of the emergency powers provisions contained in the laws of the Weimar Republic."

--Joint Statement, Sens. Frank Church (D-ID) and Charles McMathias (R-MD) September 30, 1973
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Title 3
The President
Presidential Documents
Executive Order l2333 of December 4, 1981
United States Intelligence Activities
   
Table of Contents

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 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 
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    Procedure
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.

Goal, 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 
gencies shall cooperate fully to fulfill this goal.
  
  (a) Maximum emphasis should be given to fostering analytical
competition among appropriate elements of the Intelligence Community.

  (b) All means, consistent with applicable United States law and this
Order.  and with full consideration of the rights of United States
persons, shall be used to develop intelligence information for the
President and the National Security Council.  A balanced approach
between technical collection efforts and other means should be
maintained and encouraged.

  (c) Special emphasis should be given to detecting and countering
espionage and other threats and activities directed by foreign
intelligence services against the United States Government, or United
States corporations, estab- lishments, or persons.

  (d) To the greatest extent possible consistent with applicable United
States law and this Order, and with full consideration of the rights of
United States persons, all agencies and departments should seek to
ensure full and free exchange of information in order to derive
maximum benefit from the United States intelligence effort.
  
1.2 The National Security Council.
  
  (a) Purpose. The National Security Council (NSC) was established by 
the National Security Act of 1947 to advise the President with respect 
to the Integration of domestic, foreign and military policies relating 
to the national security. The NSC shall act as the highest Executive 
Branch entity that provides review of. guidance for and direction to the 
conduct of all national foreign intelligence, counterintelligence, and 
special activities, and attendant policies and programs.
  
  (b) Committees, The NSC shall establish such committees as may be 
necessary to carry out its functions and responsibilities under this 
Order. The NSC or a committee established by it, shall consider and 
submit to the President a policy recommendation, including all 
dissents, on each special activity and shall review proposals for other
sensitive intelligence operations.
   
1.3 National Foreign Intelligence Advisory Groups.
  
  (a) Establishment and Duties. The Director of Central Intelligence 
shall establish such boards, councils.... or groups as required for the
purpose of obtaining advice from within the Intelligence Community 
concerning:
   
     (1) Production, review and coordination of national foreign 
intelligence;
    
     (2) Priorities for the National Foreign Intelligence Program budget;
    
     (3) Interagency exchanges of foreign intelligence information;
    
     (4) Arrangements with foreign governments on intelligence matters;
   
     (5) Protection of intelligence sources and methods;
    
     (6) Activities of common concern; and
    
     (7) Such other matters as may be referred by the Director of 
Central Intelligence.
   
  (b) Membership.  Advisory groups established pursuant to this section 
shall be chaired by the Director of Central Intelligence or his designated
representative and shall consist of senior representatives from 
organizations within the Intelligence Community and from departments or 
agencies containing such organizations, as designated by the Director 
of Central Intelligence.  Groups for consideration of substantive 
intelligence matters will include representatives of organizations involved 
in the collection, processing and analysis of intelligence.  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 
departmentalintelligence 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 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 depart-
ments and agencies with organizations in the Intelligence Community or 
the heads of such organizations, as appropriate, shall:

  (a) Report to the Attorney General possible violations of federal 
criminal laws by employees and of specified federal criminal laws by 
any other person as provided in procedures agreed upon by the Attorney 
General and the head of the department or agency 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 CentralIntelligence appropriately informed, concerning any intelligence
activities of their organizations that they have reason to believe may be
unlawful or contrary to Executive order or Presidential directive;

  (e) Protect intelligence and intelligence sources and methods from 
unauthorized disclosure consistent with guidance from the Director of 
Central Intelligence;

  (f) Disseminate intelligence to cooperating foreign governments under 
arrangements established or agreed to by the Director of Central 
Intelligence;

  (g) Participate in the development of procedures approved by the 
Attorney General governing production and dissemination of intelligence 
resulting from criminal narcotics intelligence activities abroad if their 
departments, agencies, or organizations have intelligence responsibilities 
for foreign or domestic narcotics production and trafficking; 

  (h) Instruct their employees to cooperate fully with the Intelligence 
Oversight Board; and

  (i) Ensure that the Inspectors General and General Counsels for their
organizations have access to any information necessary to perform their 
duties assigned by this Order. 
  
1.8 The Central Intelligence Agency.  All duties and responsibilities of 
the CIA shall be related to the intelligence functions set out below.  As
authorized by this Order; the National Security Act of 1947, as amended; 
the CIA Act of 1940, 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 the 
Director of Central Intelligence and the Attorney General:

  (d) Coordinate counterintelligence activities and the collection of 
information not otherwise~ obtainable when conducted outside the United 
States by other departments and agencies;
 
  (e) Conduct special activities approved by the President.  No agency 
except the CIA (or the Armed Forces of the United States in time of war 
declared by Congress or during any period covered by a report from the 
President to the Congress under the War Powers Resolution (87 Stat. 855)) 
may conduct any special activity unless the President determines that 
another agency is more likely to achieve a particular objective;
  
  (f) Conduct services of common concern for the Intelligence Community 
as directed by the NSC;
  
  (g) Carry out or contract, for research, development and procurement 
of technical systems and devices relating~to authorized functions;
  
  (h) Protect the security of its installations, activities, information, 
property, and employees by appropriate means, including such investigations 
of applicants, employees, contractors, and other persons with similar 
associations with the CIA as are necessary; and
 
  (i) Conduct such administrative and technical support activities within 
and outside the United States as are necessary to perform the functions
described in sections (a) and through (h) above, including procurement 
and essential cover and proprietary arrangements.

1.9   The Department of State. The Secretary of State shall:

  (a) Overtly collect information relevant to United States foreign policy 
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 af 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 in) 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 delagation 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 th
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 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 provision 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 ofthe Department of Defense, the FBI shall coordinate 
with the Department of Defense;
  
   (b) Conduct counterintelligence activities outside the United States in 
coodination 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 decision making in the areas of national defense 
and foreign relations. Collection of such information is a priority objective
and will be pursued in a vigorous, innovative and responsible manner that is
consistent with the Constitution and applicable law and respectful of the
principles upon which the United States was founded.
  
2.2 Purpose.  This Order is intended to enhance human and technical 
collection techniques, especially those undertaken abroad, and the 
acquisition of significant foreign intelligence, as well as the detection 
and countering of international terrorist activities and espionage conducted 
by foreign powers.  Set forth below are certain general principles that, in
addition to and consistent with applicable laws are intended to achieve 
the proper balance between the acquisition of essential information and
protection of individual interests.  Nothing in this Order shall be 
construed to apply to or interfere with any authorized civil or criminal 
law enforcement responsibility of any department or agency.

2.3 Collection of Information.  Agencies within the Intelligence Community
are authorized to collect. retain or disseminate information concerning 
United States persons only in accordance with procedures established by the 
head of the agency concerned and approved by the Attorney General, consistent 
with the authorities provided by Part 1 of this Order. Those procedures shall 
permit collection, retention and dissemination of the following types of 
information:

   (a) Information that is publicly available or collected with the consent 
of the person concerned;

   (b) Information constituting foreign intelligence or counterintelligence,
including such information concerning corporations or other commercial 
organizations.  Collection within the United States of foreign intelligence 
not otherwise obtainable shall be undertaken by the FBI or, when significant
foreign intelligence is sought, by other authorized agencies of the 
Intelligence Community provided that no foreign intelligence collection by 
such agencies may be undertaken for the purpose of acquiring information
concerning the domestic activities of United States persons; 

   (c) Information obtained in the course of a lawful foreign intelligence,
counterintelligence, international narcotics or international terrorism
investigation;
 
   (d) Information needed to protect the safety of any persons or 
organizations, including those who are targets, victims or hostages of
international terrorist organizations;
   
   (e) Information needed to protect foreign intelligence or
counterintelligence sources or methods from unauthorized disclosure.  
Collection within the United States shall be undertaken by the FBI except 
that other agencies of the Intelligence Community may also collect such
information concerning present or former employees, present or former 
intelligence agency contractors or their present or former employees, or
applicants for any such employment or contracting;
  
   (f) Information concerning persons who are reasonably believed to be
potential sources or contacts for the purpose of determining their 
suitability or credibility; 
  
   (g) Information arising out of a lawful personnel, physical or 
communications security investigation;
 
   (h) Information acquired by overhead reconnaissance not directed at 
specific United States persons;
  
   (i) Incidentally obtained information that may indicate involvement in 
activities that may violate federal, state, local or foreign laws; and
  
   (j) Information necessary for administrative purposes.  In addition, 
agencies within the Intelligence Community may disseminate information, 
other than information derived from signals intelligence, to each appropriate
agency within the Intelligence Community for purposes of allowing the
recipient agency to determine whether the information is relevant to its
responsibilities,and can be retained by it.
  
2.4 Collection Techniques. Agencies within the Intelligence Community 
shall use the least intrusive collection techniques feasible within 
the United States or directed against United States persons abroad. 
Agencies are not authorized to use such techniques as electronic 
surveillance, unconsented physical search, mail surveillance, physical
surveillance. or monitoring devices unless they are in accordance with
procedures established by the head of the agency concerned and approved 
by the Attorney General. Such procedures shall protect constitutional 
and other legal rights and limit use of such information to lawful 
governmental purposes. These procedures shall not authorize:

   (a) The CIA to engage in electronic surveillance within the United 
States except for the purpose of training, testing. or conducting 
countermeasures to hostile electronic surveillance;

   (b) Unconsented physical searches in the United States by agencies 
other than the FBI, except for:

     (1) Searches by counterintelligence elements of the military services 
directed against military personnel within the United States or abroad for
intelligence purposes, when authorized by a military commander empowered 
to approve physical searches for law enforcement purposes. based upon a 
finding of probable cause to believe that such persons are acting as agents 
of foreign powers; and

    (2) Searches by CIA of personal property of non-United States persons
lawfully in its possession.

   (c) Physical surveillance of a United States person in the United States 
by agencies other than the FBI, except for:

     (1) Physical surveillance of present or former employees, present or 
former intelligence agency contractors or their present of former employees, 
or applicants for any such employment or contracting; and

     (2) Physical surveillance of a military person employed by a 
nonintelligence element of a military service.

   (d) Physical surveillance of a United States person abroad to collect 
foreign intelligence. except to obtain significant information that cannot 
reasonably be acquired by other means.

2.5  Attorney General Approval.  The Attorney General hereby is delegated
the power to approve the use for intelligence purposes, within the United
States or against a United States person abroad, of any technique for 
which a warrant would be required if undertaken for law enforcement 
purposes, provided that such techniques shall not be undertaken unless the 
Attorney General has determined in each case that there is probable cause 
to believe that the technique is directed against a foreign power or an 
agent of a foreign power.  Electronic surveillance, as defined in the 
Foreign Intelligence Surveillance Act of 1978, shall be conducted in 
accordance with that Act, as well as this Order. 
 
2.6 Assistance to Law Enforcement Authorities. Agencies within the 
Intelligence Community are authorized to:

   (a) Cooperate with appropriate law enforcement agencies for the purpose 
of protecting the employees, information, property and facilities of any 
agency within the Intelligence Community;

   (b) Unless otherwise precluded by law or this Order, participate in 
law enforcement activities to investigate or prevent clandestine intelligence
activities by foreign powers, or international terrorist or narcotics activities;

   (c) Provide specialized equipment, technical knowledge, or assistance 
of expert personnel for use by any department or agency, or, when lives 
are endangered, to support local law enforcement agencies.  Provision of 
assistance by expert personnel shall be approved in each case by the General
Counsel of the providing agency; and
 
   (d) Render any other assistance and cooperation to law enforcement 
authorities not precluded by applicable law.
  
2.7 Contracting.  Agencies within the Intelligence Community are authorized
to enter into contracts or arrangements for the provision of goods or 
services with private companies or institutions in the United States and 
need not reveal the sponsorship of such contracts or arrangements for 
authorized intelligence purposes. Contracts or arrangements with academic
institutions may be undertaken onlywith 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 or
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 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 on 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 influencing the activity of the organization or 
its members except in case where
   (a) The participation is undertaken on behalf of the FBI in the course 
of lawful investigation; or
   (b) The organization concerned is composed primarily of individuals who 
are not United States persons and is reasonably believed to be acting on 
behalf of a foreign Power.
    
2.10 Human Experimentation.  No agency within the Intelligence Community
shall sponsor, contract for or conduct research on human subjects except 
in accordance with guidelines issued by the Department of Health and Human
Services. The subject's  informed consent shall be documented as required 
by those guidelines.
    
2.11 Prohibition on Assassination. No person employed by or acting on
behalf of the United States Government shall engage in, or conspire to 
engage in, assassination.
    
2.12 Indirect Participation.  No agency of the Intelligence Community 
shall participate in or request any person to Undertake activities 
forbidden by this Order.
    
  
Part 3
    
General Provisions
       
3.1 Congressional Oversight The duties and responsibilities of the 
Director of Central Intelligence and the heads of other departments, 
agencies, and entities engaged in intelligence activities to cooperate with 
the Congress in the conduct of its responsibilities for oversight of 
intelligence activities shall be as provided in title 50, United States 
Code, section 413.  The requirements of section 662 of the Foreign Assistance
Act of 1961,  as amended (22 U.S.C. 2422), and section 501 of the National 
Security Act of 1947, as amended (50 U.S.C. 413), shall apply to all special 
activities as defined in this Order.
       
3.2 Implementation.  The NSC, the Secretary of Defense. the Attorney 
General, and the Director of Central Intelligence shall issue such 
appropriate directives and Procedures as are necessary to implement 
this Order. Heads of agencies within the Intelligence Community shall 
issue appropriate supplementary directives and procedures consistent with 
this Order. The Attorney General shall provide a statement of reasons for 
not approving any procedures established by the head of an agency in the 
Intelligence Community other than the FBI.  The National Security Council
may establish procedures in instances where the agency head and the 
Attorney General are unable to reach agreement on other than constitutional 
or other legal grounds.
      
3.3 Procedures. Until the procedures required by this Order have been
established, the activities herein authorized which require procedures 
shall be conducted in accordance with existing procedures or requirements
established under Executive Order No. 12036.  Procedures required by this 
Order shall be established as expeditiously as possible. All procedures 
promulgated pursuant to this Order shall be made available to the
congressional intelligence committees.
     
3.4 Definitions. For the purposes of this Order, the following terms shall 
have these meanings:
    
   (a) Counterintelligence means information gathered and activities 
conducted to protect against espionage, other intelligence activities, 
sabotage, or assassinations conducted for or on behalf of foreign powers, 
organizations or persons, or international terrorist activities, but not 
including personnel, physical, document or communications security programs.

   (b) Electronic surveillance means acquisition of a nonpublic 
communication by electronic means without the consent of a person who is 
a party to an electronic communication or, in the case of a nonelectronic 
communication, without the consent of a person who is visably present at 
the place of communication, but not including the use of radio 
direction-finding equipment solely to determine the location of a transmitter.
     
   (c) Employee means a person employed by. assigned to or acting for an
agency within the Intelligence Community.
     
   (d) Foreign intelligence means information relating to the capabilities.,
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. 

THE WHITE HOUSE,
December 4, 1981.

http://www.dtic.mil/atsdio/documents/eo1233.html

===============================================================

Director of Central Intelligence Directive 2/12

COMMUNITY OPEN SOURCE PROGRAM (Effective 1 March 1994)

Pursuant to the National Security Act of 1947, as amended, and Executive Order 12333, policies and procedures are hereby established for the management of the Intelligence Community Open Source Program.2

Purpose

The Intelligence Community recognizes that more effective use of open sources in a variety of intelligence applications will lead to improved products and services for Intelligence Community consumers. To manage the use of open source information by the Intelligence Community, this directive establishes the Community Open Source Program and a Community Open Source Program Office (COSPO) within the Central Intelligence Agency to develop, coordinate, and oversee implementation of the Community Open Source Program. The Director of COSPO will be appointed by the Director of Central Intelligence, will be his Principal for all open source matters, and will serve as the Open Source Program Manager. This directive also establishes a Community Open Source Steering Committee comprised of senior managers appointed by the Director of Central Intelligence.

2. Definition

Open source information for purposes of this directive is publicly available information (i.e., any member of the public could lawfully obtain the information by request or observation), as well as other unclassified information that has limited public distribution or access. Open source information also includes any information that may be used in an unclassified context without compromising national security or intelligence sources and methods. If the information is not publicly available, certain legal requirements relating to collection, retention, and dissemination may apply.

3. Objectives

The COSPO is responsible for the definition and defense of the Open Source Program in the planning cycle, and for providing guidance and oversight to the program in the execution cycle. The Office, with Community departmental open source program managers, develops an optimum allocation of resources across the Community in the execution year, subject to ratification by the Open Source Steering Committee. Changes in the scope and resources of the Open Source Program must be agreed to by the Steering Committee. Through this collaborative process, the objectives of the COSPO are to:

a. Oversee a process for coordinating responsive actions to satisfy user needs.

b. Provide advocacy and defense of departmental development and operational efforts.

c. Ensure funds for critical open source activities.

d. Oversee a process for identifying and prioritizing open source substantive requirements.

4. Open Source Management

The Open Source Steering Committee provides top-level program and policy guidance to the Open Source Program. The Steering Committee is chaired by the Executive Director for Intelligence Community Affairs and includes the Executive Director of the Central Intelligence Agency and the Directors of the Defense Intelligence Agency and the National Security Agency, as well as the Deputy Director for Science and Technology of the Central Intelligence Agency, the Deputy Director for Support Services of the National Security Agency, and the Deputy Director for Production of the Defense Intelligence Agency. The Director of COSPO serves as Executive Secretary to the Steering Committee.

The Departmental Program Council, comprised of customer and provider representatives from all interested Intelligence Community organizations, will be chaired by the Director of COSPO and will provide advice and counsel to the Community Open Source Program Office. It will serve the Director of COSPO as a vehicle for discussing proposed Community program initiatives, communicating customer and provider feedback, and ensuring implementation of the Open Source Prograrn.

The COSPO will establish other standing or ad hoc advisory and coordinating boards, panels, and committees as necessary to carry out its program management responsibilities.

5. COSPO Functions

Functions of the COSPO shall include:

a. Strategic Planning - The COSPO will oversee implementation of the Community Open Source Strategic Plan. As necessary, the COSPO will review and update the plan.

b. Program Formulation and Representation - The COSPO will issue planning guidance and will coordinate preparation and execution of the Open Source Program. With departmental open source managers, the COSPO will review execution-year programs prior to the execution year in order to optimize the flexibility and responsiveness of the Open Source Program. The COSPO also will conduct ad hoc program analysis and evaluations as necessary.

c. Initiative and Innovation Sponsorship - Using funds appropriated for the purpose, the COSPO will begin Community initiatives and innovations, which subsequently will be funded in departmental programs.

d. Operational Services of Common Concern - The COSPO will ensure Community coordination of the collection and acquisition of open source information and will represent open source capabilities and interests in national processes designed to manage user information needs.

e. Svstems Architecture - The COSPO will coordinate the design and implementation of the Community open source architecture and associated standards. The COSPO will independently assess currently employed technologies and procedures and evaluate promising alternatives.

f. Development of Services of Common Concern - The COSPO will coordinate the development of new processing and exploitation tools and promote the integration of automated data processing tools developed elsewhere.

g. Open Source Advocacv and Representation - The COSPO will defend Open Source Program submissions before Community executive review bodies, the Office of Management and Budget, and the Congress, and will represent the Open Source Program in appropriate Government and public forums.

6. Structure and Administration

As an Intelligence Community entity, the COSPO, located in the Central Intelligence Agency and reporting to the Deputy Director for Science and Technology, is jointly staffed in roughly equal proportion by the Central Intelligence Agency and other Intelligence Community officers who are detailed to the COSPO. The Director of COSPO will normally, but not necessarily, be an officer of the Central Intelligence Agency. The serving Director and Principal Deputy will not be from the same department or agency. Managers of the General Defense Intelligence Program, the Consolidated Cryptologic Program, the Central Intelligence Agency Program, and other intelligence programs will provide appropriate personnel to staff the COSPO with required skills; officers normally will serve rotational assignments of at least two years' duration.

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