EO 13355 PDF

Our national intelligence effort should take into account the responsibilities and requirements of State, local, and tribal governments and, as appropriate, private sector entities, when undertaking the collection and dissemination of information and intelligence to protect the United States. The National Security Council NSC shall act as the highest ranking executive branch entity that provides support to the President for review of, guidance for, and direction to the conduct of all foreign intelligence, counterintelligence, and covert action, and attendant policies and programs. The NSC shall consider and submit to the President a policy recommendation, including all dissents, on each proposed covert action and conduct a periodic review of ongoing covert action activities, including an evaluation of the effectiveness and consistency with current national policy of such activities and consistency with applicable legal requirements. The NSC shall perform such other functions related to covert action as the President may direct, but shall not undertake the conduct of covert actions.

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Our national intelligence effort should take into account the responsibilities and requirements of State, local, and tribal governments and, as appropriate, private sector entities, when undertaking the collection and dissemination of information and intelligence to protect the United States. The National Security Council NSC shall act as the highest ranking executive branch entity that provides support to the President for review of, guidance for, and direction to the conduct of all foreign intelligence, counterintelligence, and covert action, and attendant policies and programs.

The NSC shall consider and submit to the President a policy recommendation, including all dissents, on each proposed covert action and conduct a periodic review of ongoing covert action activities, including an evaluation of the effectiveness and consistency with current national policy of such activities and consistency with applicable legal requirements.

The NSC shall perform such other functions related to covert action as the President may direct, but shall not undertake the conduct of covert actions. The NSC shall also review proposals for other sensitive intelligence operations. Subject to the authority, direction, and control of the President, the Director of National Intelligence Director shall serve as the head of the Intelligence Community, act as the principal adviser to the President, to the NSC, and to the Homeland Security Council for intelligence matters related to national security, and shall oversee and direct the implementation of the National Intelligence Program and execution of the National Intelligence Program budget.

The Director will lead a unified, coordinated, and effective intelligence effort. In addition, the Director shall, in carrying out the duties and responsibilities under this section, take into account the views of the heads of departments containing an element of the Intelligence Community and of the Director of the Central Intelligence Agency.

For the purpose of access to and sharing of information and intelligence, the Director:. All guidelines developed in accordance with this section shall be approved by the Attorney General and, where applicable, shall be consistent with guidelines issued pursuant to section of the Intelligence Reform and Terrorism Protection Act of Public Law IRTPA.

A May enter into intelligence and counterintelligence arrangements and agreements with foreign governments and international organizations;. B Shall formulate policies concerning intelligence and counterintelligence arrangements and agreements with foreign governments and international organizations; and. C Shall align and synchronize intelligence and counterintelligence foreign relationships among the elements of the Intelligence Community to further United States national security, policy, and intelligence objectives;.

A The fullest and most prompt access to and dissemination of information and intelligence practicable, assigning the highest priority to detecting, preventing, preempting, and disrupting terrorist threats and activities against the United States, its interests, and allies; and. B The establishment of standards for an interoperable information sharing enterprise that facilitates the sharing of intelligence information among elements of the Intelligence Community;.

A Classification and declassification of all intelligence and intelligence-related information classified under the authority of the Director or the authority of the head of a department or Intelligence Community element; and.

B Access to and dissemination of all intelligence and intelligence-related information, both in its final form and in the form when initially gathered, to include intelligence originally classified by the head of a department or Intelligence Community element, except that access to and dissemination of information concerning United States persons shall be governed by procedures developed in accordance with Part 2 of this order;.

A Functional Managers shall report to the Director concerning the execution of their duties as Functional Managers, and may be charged with developing and implementing strategic guidance, policies, and procedures for activities related to a specific intelligence discipline or set of intelligence activities; set training and tradecraft standards; and ensure coordination within and across intelligence disciplines and Intelligence Community elements and with related non-intelligence activities.

Functional Managers may also advise the Director on: the management of resources; policies and procedures; collection capabilities and gaps; processing and dissemination of intelligence; technical architectures; and other issues or activities determined by the Director. B Mission Managers shall serve as principal substantive advisors on all or specified aspects of intelligence related to designated countries, regions, topics, or functional issues;.

Advisory groups shall consist of representatives from elements of the Intelligence Community, as designated by the Director, or other executive branch departments, agencies, and offices, as appropriate;.

In accordance with these policies and procedures:. A The Director of the Federal Bureau of Investigation shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintelligence activities inside the United States;. B The Director of the Central Intelligence Agency shall coordinate the clandestine collection of foreign intelligence collected through human sources or through human-enabled means and counterintelligence activities outside the United States;.

C All policies and procedures for the coordination of counterintelligence activities and the clandestine collection of foreign intelligence inside the United States shall be subject to the approval of the Attorney General; and. D All policies and procedures developed under this section shall be coordinated with the heads of affected departments and Intelligence Community elements;.

Directives issued and actions taken by the Director in the exercise of the Director's authorities and responsibilities to integrate, coordinate, and make the Intelligence Community more effective in providing intelligence related to national security shall be implemented by the elements of the Intelligence Community, provided that any department head whose department contains an element of the Intelligence Community and who believes that a directive or action of the Director violates the requirements of section of the IRTPA or this subsection shall bring the issue to the attention of the Director, the NSC, or the President for resolution in a manner that respects and does not abrogate the statutory responsibilities of the heads of the departments.

If the Director does not concur in the recommendation, the department head may not fill the vacancy or make the recommendation to the President, as the case may be. If the department head and the Director do not reach an agreement on the selection or recommendation, the Director and the department head concerned may advise the President directly of the Director's intention to withhold concurrence.

If the Director and the department head do not agree on removal, or recommendation for removal, either may make a recommendation to the President for the removal of the individual. With respect to an individual appointed by a department head, the department head may remove the individual upon the request of the Director; if the department head chooses not to remove the individual, either the Director or the department head may advise the President of the department head's intention to retain the individual.

In the case of the Under Secretary of Defense for Intelligence, the Secretary of Defense may recommend to the President either the removal or the retention of the individual.

For uniformed heads of the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps, the Director may make a recommendation for removal to the Secretary of Defense. Consistent with applicable Federal law and with the other provisions of this order, and under the leadership of the Director, as specified in such law and this order, the Intelligence Community shall:. The heads of all departments and agencies shall:.

The heads of elements of the Intelligence Community shall:. Each element of the Intelligence Community shall have the duties and responsibilities specified below, in addition to those specified by law or elsewhere in this order. Intelligence Community elements within executive departments shall serve the information and intelligence needs of their respective heads of departments and also shall operate as part of an integrated Intelligence Community, as provided in law or this order.

No agency except the Central Intelligence Agency or the Armed Forces of the United States in time of war declared by the Congress or during any period covered by a report from the President to the Congress consistent with the War Powers Resolution, Public Law may conduct any covert action activity unless the President determines that another agency is more likely to achieve a particular objective;.

No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense, after coordination with the Director;. The Director of the National Reconnaissance Office shall:.

Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the intelligence elements of the Federal Bureau of Investigation shall:.

The Commandant of the Coast Guard shall:. The Director shall collect overtly or through publicly available sources , analyze, produce, and disseminate information, intelligence, and counterintelligence to support the missions of the Office of the Director of National Intelligence, including the National Counterterrorism Center, and to support other national missions.

In addition to the authorities exercised by the Bureau of Intelligence and Research under sections 1. In addition to the authorities exercised by the Office of Intelligence and Counterintelligence of the Department of Energy under sections 1.

Elements of 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 Intelligence Community element concerned or by the head of a department containing such element and approved by the Attorney General, consistent with the authorities provided by Part 1 of this Order, after consultation with the Director.

Those procedures shall permit collection, retention, and dissemination of the following types of information:. Collection within the United States of foreign intelligence not otherwise obtainable shall be undertaken by the Federal Bureau of Investigation FBI or, when significant foreign intelligence is sought, by other authorized elements of the Intelligence Community, provided that no foreign intelligence collection by such elements may be undertaken for the purpose of acquiring information concerning the domestic activities of United States persons;.

Collection within the United States shall be undertaken by the FBI except that other elements of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence element contractors or their present or former employees, or applicants for such employment or contracting;.

In addition, elements of the Intelligence Community may disseminate information to each appropriate element within the Intelligence Community for purposes of allowing the recipient element to determine whether the information is relevant to its responsibilities and can be retained by it, except that information derived from signals intelligence may only be disseminated or made available to Intelligence Community elements in accordance with procedures established by the Director in coordination with the Secretary of Defense and approved by the Attorney General.

Elements of the Intelligence Community shall use the least intrusive collection techniques feasible within the United States or directed against United States persons abroad. Elements of the Intelligence Community are not authorized to use such techniques as electronic surveillance, unconsented physical searches, mail surveillance, physical surveillance, or monitoring devices unless they are in accordance with procedures established by the head of the Intelligence Community element concerned or the head of a department containing such element and approved by the Attorney General, after consultation with the Director.

Such procedures shall protect constitutional and other legal rights and limit use of such information to lawful governmental purposes. These procedures shall not authorize:.

Elements of the Intelligence Community are authorized to:. Provision of assistance by expert personnel shall be approved in each case by the general counsel of the providing element or department; and. Such participation shall be authorized only if it is essential to achieving lawful purposes as determined by the Intelligence Community element 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:. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces.

Skip to main content Press Enter. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence possible. For that purpose, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including the National Security Act of , as amended, Act 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: Table of Contents.

The United States intelligence effort shall provide the President, the National Security Council, and the Homeland Security Council with the necessary information on which to base decisions concerning the development and conduct of foreign, defense, and economic policies, and the protection of United States national interests from foreign security threats.

All departments and agencies shall cooperate fully to fulfill this goal. For the purpose of access to and sharing of information and intelligence, the Director: 1 Is hereby assigned the function under section 3 5 of the Act, to determine that intelligence, regardless of the source from which derived and including information gathered within or outside the United States, pertains to more than one United States Government agency; and 2 Shall develop guidelines for how information or intelligence is provided to or accessed by the Intelligence Community in accordance with section 1.

The Director may only delegate this authority to the Principal Deputy Director of National Intelligence; 11 May establish, operate, and direct one or more national intelligence centers to address intelligence priorities; 12 May establish Functional Managers and Mission Managers, and designate officers or employees of the United States to serve in these positions. The Director of the Central Intelligence Agency shall: 1 Collect including through clandestine means , analyze, produce, and disseminate foreign intelligence and counterintelligence; 2 Conduct counterintelligence activities without assuming or performing any internal security functions within the United States; 3 Conduct administrative and technical support activities within and outside the United States as necessary for cover and proprietary arrangements; 4 Conduct covert action activities approved by the President.

No agency except the Central Intelligence Agency or the Armed Forces of the United States in time of war declared by the Congress or during any period covered by a report from the President to the Congress consistent with the War Powers Resolution, Public Law may conduct any covert action activity unless the President determines that another agency is more likely to achieve a particular objective; 5 Conduct foreign intelligence liaison relationships with intelligence or security services of foreign governments or international organizations consistent with section 1.

The Director of the Defense Intelligence Agency shall: 1 Collect including through clandestine means , analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions; 2 Collect, analyze, produce, or, through tasking and coordination, provide defense and defense-related intelligence for the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, combatant commanders, other Defense components, and non-Defense agencies; 3 Conduct counterintelligence activities; 4 Conduct administrative and technical support activities within and outside the United States as necessary for cover and proprietary arrangements; 5 Conduct foreign defense intelligence liaison relationships and defense intelligence exchange programs with foreign defense establishments, intelligence or security services of foreign governments, and international organizations in accordance with sections 1.

The Director of the National Security Agency shall: 1 Collect including through clandestine means , process, analyze, produce, and disseminate signals intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions; 2 Establish and operate 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.

The Director of the National Reconnaissance Office shall: 1 Be responsible for research and development, acquisition, launch, deployment, and operation of overhead systems and related data processing facilities to collect intelligence and information to support national and departmental missions and other United States Government needs; and 2 Conduct foreign liaison relationships relating to the above missions, in accordance with sections 1.

The Director of the National Geospatial-Intelligence Agency shall: 1 Collect, process, analyze, produce, and disseminate geospatial intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions; 2 Provide geospatial intelligence support for national and departmental requirements and for the conduct of military operations; 3 Conduct administrative and technical support activities within and outside the United States as necessary for cover arrangements; and 4 Conduct foreign geospatial intelligence liaison relationships, in accordance with sections 1.

The Commanders and heads of the intelligence and counterintelligence elements of the Army, Navy, Air Force, and Marine Corps shall: 1 Collect including through clandestine means , produce, analyze, and disseminate defense and defense-related intelligence and counterintelligence to support departmental requirements, and, as appropriate, national requirements; 2 Conduct counterintelligence activities; 3 Monitor the development, procurement, and management of tactical intelligence systems and equipment and conduct related research, development, and test and evaluation activities; and 4 Conduct military intelligence liaison relationships and military intelligence exchange programs with selected cooperative foreign defense establishments and international organizations in accordance with sections 1.

Under the supervision of the Attorney General and pursuant to such regulations as the Attorney General may establish, the intelligence elements of the Federal Bureau of Investigation shall: 1 Collect including through clandestine means , analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions, in accordance with procedural guidelines approved by the Attorney General, after consultation with the Director; 2 Conduct counterintelligence activities; and 3 Conduct foreign intelligence and counterintelligence liaison relationships with intelligence, security, and law enforcement services of foreign governments or international organizations in accordance with sections 1.

The Commandant of the Coast Guard shall: 1 Collect including through clandestine means , analyze, produce, and disseminate foreign intelligence and counterintelligence including defense and defense-related information and intelligence to support national and departmental missions; 2 Conduct counterintelligence activities; 3 Monitor the development, procurement, and management of tactical intelligence systems and equipment and conduct related research, development, and test and evaluation activities; and 4 Conduct foreign intelligence liaison relationships and intelligence exchange programs with foreign intelligence services, security services or international organizations in accordance with sections 1.

The heads of the Bureau of Intelligence and Research, Department of State; the Office of Intelligence and Analysis, Department of the Treasury; the Office of National Security Intelligence, Drug Enforcement Administration; the Office of Intelligence and Analysis, Department of Homeland Security; and the Office of Intelligence and Counterintelligence, Department of Energy shall: 1 Collect overtly or through publicly available sources , analyze, produce, and disseminate information, intelligence, and counterintelligence to support national and departmental missions; and 2 Conduct and participate in analytic or information exchanges with foreign partners and international organizations in accordance with sections 1.

In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of the Treasury under sections 1. The Secretary of Defense shall: a Collect including through clandestine means , analyze, produce, and disseminate information and intelligence and be responsive to collection tasking and advisory tasking by the Director; b Collect including through clandestine means , analyze, produce, and disseminate defense and defense-related intelligence and counterintelligence, as required for execution of the Secretary's responsibilities; c Conduct programs and missions necessary to fulfill national, departmental, and tactical intelligence requirements; d Conduct counterintelligence activities in support of Department of Defense components and coordinate counterintelligence activities in accordance with section 1.

In addition to the authorities exercised by the Office of Intelligence and Analysis of the Department of Homeland Security under sections 1. No information shall be acquired intentionally through such activities except to protect against use of such surveillance equipment, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of Homeland Security and the Attorney General.

In addition to the authorities exercised by the intelligence elements of the Federal Bureau of Investigation of the Department of Justice under sections 1. Part 2. Timely, accurate, and insightful information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to informed decisionmaking in the areas of national security, 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. 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, the spread of weapons of mass destruction, 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. 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 Federal Bureau of Investigation FBI or, when significant foreign intelligence is sought, by other authorized elements of the Intelligence Community, provided that no foreign intelligence collection by such elements 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 drug 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, methods, and activities from unauthorized disclosure.

Collection within the United States shall be undertaken by the FBI except that other elements of the Intelligence Community may also collect such information concerning present or former employees, present or former intelligence element contractors or their present or former employees, or applicants for 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.

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.

The authority delegated pursuant to this paragraph, including the authority to approve the use of electronic surveillance as defined in the Foreign Intelligence Surveillance Act of , as amended, shall be exercised in accordance with that Act. Elements of 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 element of 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 element or department; and d Render any other assistance and cooperation to law enforcement or other civil authorities not precluded by applicable law.

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

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2004 Executive Orders Disposition Tables

EPIC has a long-standing interest in public oversight of government surveillance, including activities conducted under Executive Order As Professor Francesca Bignami has explained , "[t]he NSA's original mandate was considerably elaborated and extended in Executive Order 12,, promulgated by President Reagan in It established broad new surveillance authorities for the intelligence community, outside the scope of public law. EO has been amended three times. EO partially supplemented and superseded EO On July 30, , President George W.

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Executive Orders

This executive order is established in order to further strengthen the effective conduct of United States intelligence activities and protect the territory, people, and interests of the United States. It outlines the Authority of the Director of Central Intelligence, the responsibilities of which include the following: acting as principal adviser to the President for intelligence matters related to national security; acting as principal adviser to the National Security Council and Homeland Security Council; developing objectives and guidance for the Intelligence Community; ensuring that all collected data is available to the maximum extent practicable for integration, analysis, and dissemination; and establishing common security and access standards for managing and handling intelligence systems, information, and products. This order also outlines the responsibilities of the heads of all departments and agencies, which include granting access to all foreign intelligence, counterintelligence, and national intelligence that is relevant to transnational terrorist threats and ensuring that any intelligence and operational systems and architectures of departments and agencies are consistent with national intelligence requirements set by the Director. Bush, George W. George Walker , United States. Office of the Federal Register.

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