Notes on 50 U.S.C. § 401 : US Code - Notes

Search Notes on 50 U.S.C. § 401 : US Code - Notes

(July 26, 1947, ch. 343, Sec. 2, 61 Stat. 496; Aug. 10, 1949, ch.
412, Sec. 2, 63 Stat. 579; Pub. L. 85-599, Sec. 2, Aug. 6, 1958, 72
Stat. 514.)
REFERENCES IN TEXT
This legislation, referred to in text, means act July 26, 1947,
ch. 343, 61 Stat. 495, as amended, known as the National Security
Act of 1947. For complete classification of this Act to the Code,
see Short Title note set out below and Tables.
AMENDMENTS
1958 - Pub. L. 85-599 amended section generally, and, among other
changes, provided that each military department shall be separately
organized, instead of separately administered, under its own
Secretary and shall function under the direction, authority, and
control of the Secretary of Defense, and inserted provisions
relating to establishment of unified or specified combatant
commands and for elimination of unnecessary duplication.
1949 - Act Aug. 10, 1949, provided that the military departments
shall be separately administered but be under the direction of the
Secretary of Defense, and that there shall not be a single Chief of
Staff over the armed forces nor an armed forces general staff.
CHANGE OF NAME
Pub. L. 108-458, title I, Sec. 1081, Dec. 17, 2004, 118 Stat.
3696, provided that:
"(a) Director of Central Intelligence as Head of Intelligence
Community. - Any reference to the Director of Central Intelligence
or the Director of the Central Intelligence Agency in the
Director's capacity as the head of the intelligence community in
any law, regulation, document, paper, or other record of the United
States shall be deemed to be a reference to the Director of
National Intelligence.
"(b) Director of Central Intelligence as Head of CIA. - Any
reference to the Director of Central Intelligence or the Director
of the Central Intelligence Agency in the Director's capacity as
the head of the Central Intelligence Agency in any law, regulation,
document, paper, or other record of the United States shall be
deemed to be a reference to the Director of the Central
Intelligence Agency.
"(c) Community Management Staff. - Any reference to the Community
Management Staff in any law, regulation, document, paper, or other
record of the United States shall be deemed to be a reference to
the staff of the Office of the Director of National Intelligence."
EFFECTIVE DATE OF 2004 AMENDMENTS; TRANSITION PROVISIONS
Pub. L. 108-458, title I, subtitle H, Dec. 17, 2004, 118 Stat.
3697, as amended by Pub. L. 109-13, div. A, title I, Sec. 1009, May
11, 2005, 119 Stat. 244, provided that:
"SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
"(a) Transfer. - There shall be transferred to the Office of the
Director of National Intelligence such staff of the Community
Management Staff as of the date of the enactment of this Act [Dec.
17, 2004] as the Director of National Intelligence determines to be
appropriate, including all functions and activities discharged by
the Community Management Staff as of that date.
"(b) Administration. - The Director of National Intelligence
shall administer the Community Management Staff after the date of
the enactment of this Act [Dec. 17, 2004] as a component of the
Office of the Director of National Intelligence under section 103
of the National Security Act of 1947 [50 U.S.C. 403-3], as amended
by section 1011(a) of this Act.
"SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
"(a) Transfer. - There shall be transferred to the National
Counterterrorism Center the Terrorist Threat Integration Center
(TTIC) or its successor entity, including all functions and
activities discharged by the Terrorist Threat Integration Center or
its successor entity as of the date of the enactment of this Act
[Dec. 17, 2004].
"(b) Administration. - The Director of the National
Counterterrorism Center shall administer the Terrorist Threat
Integration Center after the date of the enactment of this Act
[Dec. 17, 2004] as a component of the Directorate of Intelligence
of the National Counterterrorism Center under section 119(i) of the
National Security Act of 1947 [50 U.S.C. 404o(i)], as added by
section 1021(a) [1021] of this Act.
"SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF
CENTRAL INTELLIGENCE.
"(a) Termination. - The positions referred to in subsection (b)
are hereby abolished.
"(b) Covered Positions. - The positions referred to in this
subsection are as follows:
"(1) The Assistant Director of Central Intelligence for
Collection.
"(2) The Assistant Director of Central Intelligence for
Analysis and Production.
"(3) The Assistant Director of Central Intelligence for
Administration.
"SEC. 1094. IMPLEMENTATION PLAN.
"The President shall transmit to Congress a plan for the
implementation of this title [see Short Title of 2004 Amendment
note below] and the amendments made by this title. The plan shall
address, at a minimum, the following:
"(1) The transfer of personnel, assets, and obligations to the
Director of National Intelligence pursuant to this title.
"(2) Any consolidation, reorganization, or streamlining of
activities transferred to the Director of National Intelligence
pursuant to this title.
"(3) The establishment of offices within the Office of the
Director of National Intelligence to implement the duties and
responsibilities of the Director of National Intelligence as
described in this title.
"(4) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and obligations
to be transferred to the Director of National Intelligence.
"(5) Recommendations for additional legislative or
administrative action as the President considers appropriate.
"SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON
IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM.
"(a) Report. - Not later than one year after the effective date
of this Act [probably means the effective date of title I of Pub.
L. 108-458, see below], the Director of National Intelligence shall
submit to the congressional intelligence committees a report on the
progress made in the implementation of this title [see Short Title
of 2004 Amendment note below], including the amendments made by
this title. The report shall include a comprehensive description of
the progress made, and may include such recommendations for
additional legislative or administrative action as the Director
considers appropriate.
"(b) Congressional Intelligence Committees Defined. - In this
section, the term 'congressional intelligence committees' means -
"(1) the Select Committee on Intelligence of the Senate; and
"(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
"SEC. 1096. TRANSITIONAL AUTHORITIES.
"(a) In General. - Upon the request of the Director of National
Intelligence, the head of any executive agency may, on a
reimbursable basis, provide services or detail personnel to the
Director of National Intelligence.
"(b) Transfer of Personnel. - In addition to any other
authorities available under law for such purposes, in the fiscal
years 2005 and 2006, the Director of National Intelligence -
"(1) is authorized within the Office of the Director of
National Intelligence the total of 500 new personnel positions;
and
"(2) with the approval of the Director of the Office of
Management and Budget, may detail not more than 150 personnel
funded within the National Intelligence Program to the Office of
the Director of National Intelligence for a period of not more
than 2 years.
"SEC. 1097. EFFECTIVE DATES.
"(a) In General. - Except as otherwise expressly provided in this
Act [see Short Title of 2004 Amendment note below], this title [see
Short Title of 2004 Amendment note below] and the amendments made
by this title shall take effect not later than six months after the
date of the enactment of this Act [Dec. 17, 2004] [For
determination by the President that certain sections of title I of
Pub. L. 108-458 take effect earlier than six months after the date
of enactment, see Memorandum of President of the United States,
Apr. 21, 2005, 70 F.R. 23925, set out as a note below.].
"(b) Specific Effective Dates. - (1)(A) Not later than 60 days
after the date of the appointment of the first Director of National
Intelligence, the Director of National Intelligence shall first
appoint individuals to positions within the Office of the Director
of National Intelligence.
"(B) Subparagraph (A) shall not apply with respect to the
Principal Deputy Director of National Intelligence.
"(2) Not later than 180 days after the effective date of this Act
[probably means the effective date of title I of Pub. L. 108-458,
see above], the President shall transmit to Congress the
implementation plan required by section 1094.
"(3) Not later than one year after the date of the enactment of
this Act [Dec. 17, 2004], the Director of National Intelligence
shall prescribe regulations, policies, procedures, standards, and
guidelines required under section 102A of the National Security Act
of 1947 [50 U.S.C. 403-1], as amended by section 1011(a) of this
Act."
[Functions of President under section 1094 of Pub. L. 108-458,
set out in a note above, assigned to the Director of National
Intelligence by section 3 of Memorandum of President of the United
States, Apr. 21, 2005, 70 F.R. 48633, set out as a note under
section 301 of Title 3, The President.]
EFFECTIVE DATE
Section 310 of act July 26, 1947, provided:
"(a) The first sentence of section 202(a) [section 171a of former
Title 5, Executive Departments and Government Officers and
Employees] and sections 1, 2, 307, 308, 309, and 310 [section 171
note of former Title 5, section 361 of this title, and sections
171m and 171n of former Title 5] shall take effect immediately upon
the enactment of this Act [July 26, 1947].
"(b) Except as provided in subsection (a), the provisions of this
Act [sections 171 to 171l, 181-1, 181-2, 411a, 411b, 626 to 626d of
former Title 5, section 24 of Title 3, The President, and sections
401 to 405 of this title] shall take effect on whichever of the
following days is the earlier: The day after the day upon which the
Secretary of Defense first appointed takes office, or the sixtieth
day after the date of the enactment of this Act [July 26, 1947]."
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108-458, Sec. 1(a), Dec. 17, 2004, 118 Stat. 3638,
provided that: "This Act [see Tables for classification] may be
cited as the 'Intelligence Reform and Terrorism Prevention Act of
2004'."
Pub. L. 108-458, title I, Sec. 1001, Dec. 17, 2004, 118 Stat.
3643, provided that: "This title [enacting sections 402-1, 403, 403-
1, 403-1a to 403-1c, 403-3, 403-3a to 403-3f, 403-4, 403-4a, 403-
4b, 404o, 404o-1, 404o-2, 441g-1, and 441g-2 of this title,
section 8K of the Inspector General Act set out in the Appendix to
Title 5, Government Organization and Employees, and section 485 of
Title 6, Domestic Security, amending sections 401a, 402, 402a to
402c, 403-5, 403-5b, 403-6, 403a, 403b, 403g, 403n, 403p, 403q,
403t, 403u, 404e, 404g to 404i, 404i-1, 404j to 404l, 404n, 404n-1,
404n-2, 405, 413, 413a, 413b, 414, 415a, 415a-1, 423, 431, 432,
432a, 432b, 441g, 442a, 1802 to 1805, 1822 to 1824, 1842, 2001, and
2011 of this title, sections 5312, 5313, 5315, 7323, and 7342 of
Title 5, section 105 of the Ethics in Government Act set out in the
Appendix to Title 5, section 9 of the Classified Information
Procedures Act set out in the Appendix to Title 18, Crimes and
Criminal Procedure, and section 113 of Title 40, Public Buildings,
Property, and Works, repealing sections 403, 403-1, 403-3, 403-4,
and 404f of this title, enacting provisions set out as notes under
this section, sections 403, 403-1, 403-1a, and 403-4b of this
title, and section 601 of Title 5, and amending provisions set out
as notes under sections 403, 403-3, 403-4, 435, and 441g of this
title, section 4124 of Title 18, and section 519 of Title 28,
Judiciary and Judicial Procedure] may be cited as the 'National
Security Intelligence Reform Act of 2004'."
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107-306, title IX, Sec. 901(a), Nov. 27, 2002, 116 Stat.
2432, provided that: "This title [enacting sections 402b and 402c
of this title, amending section 402a of this title, and enacting
provisions set out as a note under section 402b of this title] may
be cited as the 'Counterintelligence Enhancement Act of 2002'."
SHORT TITLE OF 1996 AMENDMENT
Pub. L. 104-293, title VIII, Sec. 801, Oct. 11, 1996, 110 Stat.
3474, provided that: "This title [enacting sections 403, 403-1, 403-
5a, and 403t of this title, amending sections 402, 403, 403-3 to
403-6, and 404d of this title and sections 5314 and 5315 of Title
5, Government Organization and Employees, repealing former section
403 of this title, and enacting provisions set out as notes under
sections 403-3, 403-4, and 403t of this title] may be cited as the
'Intelligence Renewal and Reform Act of 1996'."
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-359, title VIII, Sec. 801, Oct. 14, 1994, 108 Stat.
3434, provided that: "This title [enacting sections 402a, 435 to
438, and 1821 to 1829 of this title, section 2170b of the Appendix
to this title, section 1599 [now 1611] of Title 10, Armed Forces,
and section 1924 of Title 18, Crimes and Criminal Procedure,
amending section 783 of this title, section 2170 of the Appendix to
this title, section 8312 of Title 5, Government Organization and
Employees, section 1604 of Title 10, and sections 793, 794, 798,
3071, and 3077 of Title 18, enacting provisions set out as notes
under sections 435 and 1821 of this title, and amending provisions
set out as notes under sections 402 and 1801 of this title] may be
cited as the 'Counterintelligence and Security Enhancements Act of
1994'."
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-496, title VII, Sec. 701, Oct. 24, 1992, 106 Stat.
3188, provided that: "This title [enacting sections 401a and 403-3
to 403-6 of this title, amending sections 402, 403, 404, and 404a
of this title, and repealing section 403-1 of this title] may be
cited as the 'Intelligence Organization Act of 1992'."
SHORT TITLE OF 1984 AMENDMENT
Pub. L. 98-477, Sec. 1, Oct. 15, 1984, 98 Stat. 2209, provided:
"That this Act [enacting sections 431 and 432 of this title,
amending section 552a of Title 5, Government Organization and
Employees, and enacting provisions set out as notes under sections
431 and 432 of this title] may be cited as the 'Central
Intelligence Agency Information Act'."
SHORT TITLE OF 1982 AMENDMENT
Pub. L. 97-200, Sec. 1, June 23, 1982, 96 Stat. 122, provided:
"That this Act [enacting subchapter IV of this chapter] may be
cited as the 'Intelligence Identities Protection Act of 1982'."
SHORT TITLE OF 1949 AMENDMENT
Section 1 of act Aug. 10, 1949, provided that: "This Act
[enacting sections 408 and 412 of this title and sections 171-1,
171t, 172, 172a to 172d, and 172f to 172j of former Title 5,
Executive Departments and Government Officers and Employees,
amending this section, sections 151, 402, 403d, 405, 410, 459, 481,
and 494 of this title, sections 171, 171a, 171b to 171d, 171e to
171j, 171n, 171r, 172e, 411b, and 626c of former Title 5, section
1748b of Title 12, Banks and Banking, section 1517 of Title 15,
Commerce and Trade, sections 474, 481 to 484, and 487 of former
Title 40, Public Buildings, Property, and Works, section 364a of
Title 43, Public Lands, sections 1156 and 1157 of former Title 49,
Transportation, and section 1193 of the Appendix to this title, and
enacting provisions set out as notes under this section and
sections 171 and 171c of former Title 5] may be cited as the
'National Security Act Amendments of 1949'."
SHORT TITLE
Section 1 of act July 26, 1947, provided: "That this Act
[enacting this section, sections 401a to 403, 404, 405, and 408 to
412 of this title, and sections 171, 171-1, 171-2, 171a, 171b to
171d, 171e to 171j, 171k to 171m, 171n, 172, 172a to 172d, 172f to
172j, 181-1, 181-2, 411a, 411b, 626, 626a to 626c, and 626d of
former Title 5, Executive Department and Government Officers and
Employees, amending sections 1, 11, and 172e of former Title 5,
section 1517 of Title 15, Commerce and Trade, and section 72 of
former Title 31, Money and Finance, and enacting provisions set out
as notes under this section and section 135 of Title 10, Armed
Forces] may be cited as the 'National Security Act of 1947'."
Sections of National Security Act of 1947, which were classified
to former Title 5, were repealed and restated in Title 10, Armed
Forces, except as noted, as follows:
Section of former Section of Title 10
Title 5
--------------------------------------------------------------------
171 131, 133.
171a(a), (b) 133.
171a(c) 125, 136, 141, 3010, 3012, 5011, 5031,
8010, 8012.
171a(d) 133.
171a(e) 132.
171a(f) 133.
171a(g)-(i) [Omitted].
171a(j) 124.
171c 134, 135, 136, 718, 2358.
171c-1, 171c-2 [Repealed].
171d 1580.
171e 171.
171f 141, 142.
171g 143.
171h 2201.
171i 2351.
171j 173.
172 136.
172a 3014, 5061, 8014.
172b 2203.
172c 2204.
172d 2208.
172e 2209.
172f 126.
172g 2205.
172h 2206.
172i 2701.
181-1 101, 3011, 3012, 3062, T. 50 Sec. 409.
181-2 3012.
411a(a) 101; T. 50 Sec. 409.
411a(b) 5012.
411a(c) 5013, 5402.
626(a) 8012.
626(b) [Repealed].
626(c) 101; T. 50 Sec. 409.
626(d) 8013.
626(e) 8012.
626(f) 8033.
626(g) 8011.
626a 8012.
626b 8013.
626c 743, 8062.
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SAVINGS PROVISIONS
Pub. L. 108-487, title VIII, Sec. 803, Dec. 23, 2004, 118 Stat.
3962, provided that:
"(a) Head of Intelligence Community. - (1) During the period
beginning on the date of the enactment of this Act [Dec. 23, 2004]
and ending on the date of the appointment of the Director of
National Intelligence [Apr. 21, 2005] under section 102 of the
National Security Act of 1947, as amended by section 1011(a) of the
National Security Intelligence Reform Act of 2004 [50 U.S.C. 403],
the Director of Central Intelligence may, acting as the head of the
intelligence community, discharge the functions and authorities
provided in this Act, and the amendments made by this Act [see
Effective Date of 2004 Amendments note set out under section 2656f
of Title 22, Foreign Relations and Intercourse], to the Director of
National Intelligence.
"(2) During the period referred to in paragraph (1) any reference
in this Act or the amendments made by this Act to the Director of
National Intelligence shall be considered to be a reference to the
Director of Central Intelligence, as the head of the intelligence
community.
"(3) Upon the appointment of an individual as Director of
National Intelligence under section 102 of the National Security
Act of 1947, as so amended, any reference in this Act, or in the
classified annex to accompany this Act, to the Director of Central
Intelligence as head of the intelligence community shall be deemed
to be a reference to the Director of National Intelligence.
"(b) Head of Central Intelligence Agency. - (1) During the period
beginning on the date of the enactment of this Act [Dec. 23, 2004]
and ending on the date of the appointment of the Director of the
Central Intelligence Agency under section 104A of the National
Security Act of 1947, as amended by section 1011(a) of the National
Security Intelligence Reform Act of 2004 [50 U.S.C. 403-4a], the
Director of Central Intelligence may, acting as the head of the
Central Intelligence Agency, discharge the functions and
authorities provided in this Act, and the amendments made by this
Act, to the Director of the Central Intelligence Agency.
"(2) Upon the appointment of an individual as Director of the
Central Intelligence Agency under section 104A of the National
Security Act of 1947, as so amended, any reference in this Act, or
in the classified annex to accompany this Act, to the Director of
Central Intelligence as head of the Central Intelligence Agency
shall be deemed to be a reference to the Director of the Central
Intelligence Agency."
Section 12(g) of act Aug. 10, 1949, provided: "All laws, orders,
regulations, and other actions relating to the National Military
Establishment, the Departments of the Army, the Navy, or the Air
Force, or to any officer or activity of such establishment or such
departments, shall, except to the extent inconsistent with the
provisions of this Act [see Short Title of 1949 Amendment note
above], have the same effect as if this Act had not been enacted;
but, after the effective date of this Act [Aug. 10, 1949], any such
law, order, regulation, or other action which vested functions in
or otherwise related to any officer, department, or establishment,
shall be deemed to have vested such function in or relate to the
officer or department, executive or military, succeeding the
officer, department, or establishment in which such function was
vested. For purposes of this subsection the Department of Defense
shall be deemed the department succeeding the National Military
Establishment, and the military departments of Army, Navy, and Air
Force shall be deemed the departments succeeding the Executive
Departments of Army, Navy, and Air Force."
SEPARABILITY
Pub. L. 108-458, title I, Sec. 1103, Dec. 17, 2004, 118 Stat.
3700, provided that: "If any provision of this Act [see Short Title
of 2004 Amendment note above], or an amendment made by this Act, or
the application of such provision to any person or circumstance is
held invalid, the remainder of this Act, or the application of such
provision to persons or circumstances other those to which such
provision is held invalid shall not be affected thereby."
Section 309 of act July 26, 1947, provided: "If any provision of
this Act [see Short Title note above] or the application thereof to
any person or circumstances is held invalid, the validity of the
remainder of the Act and of the application of such provision to
other persons and circumstances shall not be affected thereby."
[Section 310(a) of act July 26, 1947, set out as an Effective
Date note above, provided that section 309 of act July 26, 1947, is
effective July 26, 1947.]
CONSTRUCTION OF REFERENCES TO DIRECTOR OF CENTRAL INTELLIGENCE
Pub. L. 108-487, title VIII, Sec. 802, Dec. 23, 2004, 118 Stat.
3962, provided that: "Except as otherwise specifically provided or
otherwise provided by context, any reference in this Act [see
Effective Date of 2004 Amendments note set out under section 2656f
of Title 22, Foreign Relations and Intercourse], or in the
classified annex to accompany this Act, to the Director of Central
Intelligence shall be deemed to be a reference to the Director of
Central Intelligence as head of the intelligence community."
INCORPORATION OF REPORTING REQUIREMENTS
Pub. L. 108-177, title I, Sec. 106, Dec. 13, 2003, 117 Stat.
2604, provided that:
"(a) In General. - Each requirement to submit a report to the
congressional intelligence committees that is included in the joint
explanatory statement to accompany the conference report on the
bill H.R. 2417 of the One Hundred Eighth Congress [enacted as Pub.
L. 108-177], or in the classified annex to this Act, is hereby
incorporated into this Act, and is hereby made a requirement in
law.
"(b) Congressional Intelligence Committees Defined. - In this
section, the term 'congressional intelligence committees' means -
"(1) the Select Committee on Intelligence of the Senate; and
"(2) the Permanent Select Committee on Intelligence of the
House of Representatives."
Similar provisions were contained in Pub. L. 107-306, title I,
Sec. 108, Nov. 27, 2002, 116 Stat. 2388.
NATIONAL COMMISSION FOR REVIEW OF RESEARCH AND DEVELOPMENT PROGRAMS
OF THE UNITED STATES INTELLIGENCE COMMUNITY
Pub. L. 107-306, title X, Nov. 27, 2002, 116 Stat. 2437, as
amended by Pub. L. 108-177, title III, Sec. 315(a), Dec. 13, 2003,
117 Stat. 2610, established the National Commission for the Review
of the Research and Development Programs of the United States
Intelligence Community to review the status of research and
development programs and activities within the intelligence
community, directed the Commission to submit to the congressional
intelligence committees, the Director of Central Intelligence, and
the Secretary of Defense a final report on such review not later
than Sept. 1, 2004, provided that the Commission was to terminate
at the end of the 120-day period beginning on the date on which the
final report was transmitted to the congressional intelligence
committees, and directed the Director of Central Intelligence and
the Secretary of Defense to each submit to the congressional
intelligence committees an assessment of the final report not later
than 60 days after receipt.
NATIONAL COMMISSION FOR THE REVIEW OF THE NATIONAL RECONNAISSANCE
OFFICE
Pub. L. 106-120, title VII, Dec. 3, 1999, 113 Stat. 1620,
established the National Commission for the Review of the National
Reconnaissance Office to review the current organization,
practices, and authorities of the National Reconnaissance Office,
directed the Commission to submit to the congressional intelligence
committees, the Director of Central Intelligence, and the Secretary
of Defense a final report on such review not later than Nov. 1,
2000, provided that the Commission would terminate at the end of
the 120-day period beginning on the date on which the final report
was transmitted to the congressional intelligence committees, and
directed the Director of Central Intelligence and the Secretary of
Defense to each submit to the congressional intelligence committees
an assessment of the final report not later than 60 days after
receipt.
COMMISSION ON ROLES AND CAPABILITIES OF UNITED STATES INTELLIGENCE
COMMUNITY
Pub. L. 103-359, title IX, Oct. 14, 1994, 108 Stat. 3456, related
to establishment, composition, duties, reports, powers, payment of
expenses, and termination, not later than Mar. 1, 1996, of the
Commission on the Roles and Capabilities of the United States
Intelligence Community.
NATIONAL COMMISSION ON DEFENSE AND NATIONAL SECURITY
Pub. L. 101-511, title VIII, Sec. 8104, Nov. 5, 1990, 104 Stat.
1898, as amended by Pub. L. 102-172, title VIII, Sec. 8078, Nov.
26, 1991, 105 Stat. 1189, provided that:
"SECTION 1. This section establishes the National Commission on
Defense and National Security.
"SEC. 2. FINDINGS.
"The Congress makes the following findings:
"(1) Recent revolutionary world events require a fundamental
reassessment of the defense and national security policies of the
United States.
"(2) Emerging democracies around the world will require
political, technical, and economic assistance, as well as
military assistance, from the developed free nations in order to
thrive and to become productive members of the world community.
"(3) Real and potential military threats to the United States
and its allies will continue to exist for the foreseeable future
from not just the Soviet Union but also from terrorism and from
Third World nations.
"(4) Proliferation of both sophisticated conventional weapons
and of nuclear weapons could produce a world more dangerous than
we have faced in the past.
"(5) Ethnic rivalries as well as economic inequalities may
produce instabilities that could spark serious conflict.
"(6) In order to formulate coherent national policies to meet
these challenges of a new world environment, it is essential for
the United States to achieve a bipartisan consensus such as that
which emerged following World War II.
"(7) Such a consensus can be fostered by the development of
policy recommendations from a highly respected group of
individuals who do not bear a partisan label and who possess
critical expertise and experience.
"SEC. 3. ESTABLISHMENT.
"There is established a commission to be known as [the] National
Commission on Defense and National Security (hereinafter in this
Act referred to as the 'Commission'). The Commission is established
until 30 days following submission of the final report required by
section 6 of this section.
"SEC. 4. DUTIES OF COMMISSION.
"(a) In General. - The Commission shall analyze and make
recommendations to the President and Congress concerning the
national security and national defense policies of the United
States.
"(b) Matters To Be Analyzed. - Matters to be analyzed by the
Commission shall include the following:
"(1) The world-wide interests, goals, and objectives of the
United States that are vital to the national security of the
United States.
"(2) The political, economic, and military developments around
the world and the implications of those developments for United
States national security interests, including -
"(A) the developments in Eastern Europe and the Soviet Union;
"(B) the question of German unification;
"(C) the future of NATO and European economic integration;
"(D) the future of the Pacific Basin; and
"(E) potential instability resulting from regional conflicts
or economic problems in the developing world.
"(3) The foreign policy, world-wide commitments, and national
defense capabilities of the United States necessary to deter
aggression and implement the national security strategy of the
United States, including the contribution that can be made by
bilateral and multilateral political and economic associations in
promoting interests that the United States shares with other
members of the world community.
"(4) The proposed short-term uses of the political, economic,
military, and other elements of national power for the United
States to protect or promote the interests and to achieve the
goals and objectives referred to in paragraph (1).
"(5) Long-term options that should be considered further for a
number of potential courses of world events over the remainder of
the century and into the next century.
"SEC. 5. MEMBERSHIP.
"(a) Number and Appointment. - The Commission shall be composed
of 10 members, as follows:
"(1) Three appointed by the President.
"(2) Three appointed by the Speaker of the House of
Representatives.
"(3) One appointed by the minority leader of the House of
Representatives.
"(4) Two appointed by the majority leader of the Senate.
"(5) One appointed by the minority leader of the Senate.
"(b) Qualifications. - Persons appointed to the Commission shall
be persons who are not officers or employees of the Federal
Government (including Members of Congress) and who are specially
qualified to serve on the Commission by virtue of their education,
training, or experience.
"(c) Terms. - Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
"(d) Basic Pay. - Members of the Commission shall serve without
pay.
"(e) Quorum. - A majority of the members of the Commission shall
constitute a quorum, but a lesser number may hold hearings.
"(f) Chairman and Vice Chairman. - The Chairman of the Commission
shall be designated by the President from among the members
appointed by the President. The Vice Chairman of the Commission
shall be designated by the Speaker of the House of Representatives
from among the members appointed by the Speaker.
"(g) Meetings. - The Commission shall meet at the call of the
Chairman or a majority of its members.
"(h) Deadline for Appointments. - Members of the Commission shall
be appointed not later than the end of the 30-day period beginning
on the date of the enactment of this Act [Nov. 5, 1990].
"SEC. 6. REPORTS.
"(a) Initial Report. - The Commission shall transmit to the
President and to Congress an initial report not later than six
months after the date on which the Commission is first constituted
with a quorum.
"(b) Final Report. - The Commission shall transmit to the
President and to Congress a final report one year following
submission of the initial report under subsection (a).
"(c) Contents of Reports. - The report under subsection (b) shall
contain a detailed statement of the findings and conclusions of the
Commission concerning the matters to be studied by the Commission
under section 4, together with its recommendations for such
legislation and administrative actions as it considers appropriate.
Such report shall include a comprehensive description and
discussion of the matters set forth in section 4.
"(d) Reports To Be Unclassified. - Each such report shall be
submitted in unclassified form.
"(e) Additional and Minority Views. - Each report may include
such additional and minority views as individual members of the
Commission may request be included.
"SEC. 7. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND
CONSULTANTS.
"(a) Director. - The Commission shall, without regard to section
5311(b) of title 5, United States Code, have a Director who shall
be appointed by the Chairman and who shall be paid at a rate not to
exceed the maximum rate of basic pay payable for GS-18 of the
General Schedule.
"(b) Staff. - The Chairman may appoint and fix the pay of such
additional personnel as the Chairman considers appropriate.
"(c) Applicability of Certain Civil Service Laws. - The Director
and staff of the Commission may be appointed without regard to the
provisions of title 5, United States Code, governing appointments
in the competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of such
title relating to classification and General Schedule pay rates,
except that no individual so appointed may receive pay in excess of
the annual rate of basic pay payable for GS-18 of the General
Schedule.
"(d) Experts and Consultants. - Subject to such rules as may be
prescribed by the Commission, the Chairman may procure temporary
and intermittent services under section 3109(b) of title 5 of the
United States Code, but at rates for individuals not to exceed the
daily equivalent of the maximum annual rate of basic pay payable
for GS-18 of the General Schedule.
"(e) Staff of Federal Agencies. - Upon request of the Commission,
the head of any Federal agency may detail, on a reimbursable basis,
any of the personnel of such agency to the Commission to assist the
Commission in carrying out its duties under this Act.
"SEC. 8. POWERS OF COMMISSION
"(a) Hearings and Sessions. - The Commission may, for the purpose
of carrying out this Act, hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence,
as the Commission considers appropriate.
"(b) Powers of Members and Agents. - Any member or agent of the
Commission may, if so authorized by the Commission, take any action
which the Commission is authorized to take by this section.
"(c) Obtaining Official Data. - The Chairman or a designee on
behalf of the Chairman may request information necessary to enable
the Commission to carry out this Act directly from any department
or agency of the United States.
"(d) Gifts. - The Commission may accept, use, and dispose of
gifts or donations of services or property.
"(e) Mails. - The Commission may use the United States mails in
the same manner and under the same conditions as other departments
and agencies of the United States.
"(f) Administrative Support Services. - The Administrator of
General Services shall provide to the Commission on a reimbursable
basis such administrative support services as the Commission may
request.
"SEC. 9. INITIAL FUNDING OF COMMISSION.
"If funds are not otherwise available for the necessary expenses
of the Commission for fiscal year 1991, the Secretary of Defense
shall make available to the Commission, from funds available to the
Secretary for the fiscal year concerned, such funds as the
Commission requires. When funds are specifically appropriated for
the expenses of the Commission, the Commission shall reimburse the
Secretary from such funds for any funds provided to it under the
preceding sentence."
[References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.]
INTELLIGENCE PRIORITIES AND REORGANIZATION
Pub. L. 101-510, div. A, title IX, Sec. 907, Nov. 5, 1990, 104
Stat. 1622, provided that:
"(a) Revision of Priorities and Consolidation of Functions. - The
Secretary of Defense, together with the Director of Central
Intelligence, shall conduct a joint review of all intelligence and
intelligence-related activities in the Tactical Intelligence and
Related Activities (TIARA) programs and the National Foreign
Intelligence Program (NFIP). The Secretary, together with the
Director, shall take the following actions with respect to those
activities:
"(1) In cases in which redundancy or fragmentation exist,
consolidate functions, programs, organizations, and operations to
improve the efficiency and effectiveness of the conduct of those
intelligence activities or programs.
"(2) Revise intelligence collection and analysis priorities and
resource allocations to reflect changes in the international
security environment.
"(3) Strengthen joint intelligence functions, operations, and
organizations.
"(4) Improve the quality and independence of intelligence
support to the weapons acquisition process.
"(5) Improve the responsiveness and utility of national
intelligence systems and organizations to the needs of the
combatant commanders.
"(b) Personnel Reductions. - (1) The number of personnel assigned
or detailed to the National Foreign Intelligence Program and
related Tactical Intelligence and Related Activities programs shall
be reduced by not less than 5 percent of the number of such
personnel described in paragraph (2) during each of fiscal years
1992 through 1996.
"(2) The number of personnel referred to in paragraph (1) is the
number of personnel assigned or detailed to such programs on
September 30, 1990."
FOREIGN INTELLIGENCE ELECTRONIC SURVEILLANCE
For provisions relating to the exercise of certain authority
respecting foreign intelligence electronic surveillance, see Ex.
Ord. No. 12139, May 23, 1979, 44 F.R. 30311, set out under section
1802 of this title.
CHANGE OF TITLES OF SECRETARY OF DEFENSE, ET AL.; REAPPOINTMENT
Section 12(f) of act Aug. 10, 1949, provided in part that: "The
titles of the Secretary of Defense, the Secretary of the Army, the
Secretary of the Navy, the Secretary of the Air Force, the Under
Secretaries and the Assistant Secretaries of the Departments of the
Army, Navy, and Air Force, the Chairman of the Munitions Board, and
the Chairman of the Research and Development Board, shall not be
changed by virtue of this Act [see Short Title of 1949 Amendment
note set out above] and the reappointment of the officials holding
such titles on the effective date of this Act [Aug. 10, 1949] shall
not be required."
REORGANIZATION PLAN NO. 8 OF 1949
Section 12(i) of act Aug. 10, 1949, provided that:
"Reorganization Plan Numbered 8 of 1949, which was transmitted to
the Congress by the President on July 18, 1949 [set out in Appendix
to Title 5, Government Organization and Employees] pursuant to the
provisions of the Reorganization Act of 1949, shall not take
effect, notwithstanding the provisions of section 6 of such
Reorganization Act of 1949."
EX. ORD. NO. 10431. NATIONAL SECURITY MEDAL
Ex. Ord. No. 10431, Jan. 19, 1953, 18 F.R. 437, provided:
1. There is hereby established a medal to be known as the
National Security Medal with accompanying ribbons and
appurtenances. The medal and its appurtenances shall be of
appropriate design, approved by the Executive Secretary of the
National Security Council.
2. The National Security Medal may be awarded to any person,
without regard to nationality, including members of the armed
forces of the United States, for distinguished achievement or
outstanding contribution on or after July 26, 1947, in the field of
intelligence relating to the national security.
3. The decoration established by this order shall be awarded by
the President of the United States or, under regulations approved
by him, by such person or persons as he may designate.
4. No more than one National Security Medal shall be awarded to
any one person, but for subsequent services justifying an award, a
suitable device may be awarded to be worn with the Medal.
5. Members of the armed forces of the United States who are
awarded the decoration established by this order are authorized to
wear the medal and the ribbon symbolic of the award, as may be
authorized by uniform regulations approved by the Secretary of
Defense.
6. The decoration established by this order may be awarded
posthumously.
REGULATIONS GOVERNING THE AWARD OF THE NATIONAL SECURITY MEDAL
Pursuant to Paragraph 2 of Executive Order 10431, the following
regulations are hereby issued to govern the award of the National
Security Medal:
1. The National Security Medal may be awarded to any person
without regard to nationality, including a member of the Armed
Forces of the United States, who, on or after 26 July 1947, has
made an outstanding contribution to the National intelligence
effort. This contribution may consist of either exceptionally
meritorious service performed in a position of high responsibility
or of an act of valor requiring personal courage of a high degree
and complete disregard of personal safety.
2. The National Security Medal with accompanying ribbon and
appurtenances, shall be of appropriate design to be approved by the
Executive Secretary of the National Security Council.
3. The National Security Medal shall be awarded only by the
President or his designee for that purpose.
4. Recommendations may be submitted to the Executive Secretary of
the National Security Council by any individual having personal
knowledge of the facts of the exceptionally meritorious conduct or
act of valor of the candidate in the performance of outstanding
services, either as an eyewitness or from the testimony of others
who have personal knowledge or were eyewitnesses. Any
recommendations shall be accompanied by complete documentation,
including where necessary, certificates, affidavits or sworn
transcripts of testimony. Each recommendation for an award shall
show the exact status, at the time of the rendition of the service
on which the recommendation is based, with respect to citizenship,
employment, and all other material factors, of the person who is
being recommended for the National Security Medal.
5. Each recommendation shall contain a draft of an appropriate
citation to accompany the award of the National Security Medal.
EXECUTIVE ORDER NO. 11905
Ex. Ord. No. 11905, Feb. 18, 1976, 41 F.R. 7703, as amended by
Ex. Ord. No. 11985, May 13, 1977, 42 F.R. 25487; Ex. Ord. No.
11994, June 1, 1977, 42 F.R. 28869, which related to United States
foreign intelligence activities, was superseded by Ex. Ord. No.
12036, Jan. 24, 1978, 43 F.R. 3674, formerly set out below.
EXECUTIVE ORDER NO. 12036
Ex. Ord. No. 12036, Jan. 24, 1978, 43 F.R. 3674, as amended by
Ex. Ord. No. 12139, May 23, 1979, 44 F.R. 30311, which related to
United States foreign intelligence activities, was revoked by Ex.
Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, set out below.
EX. ORD. NO. 12333. UNITED STATES INTELLIGENCE ACTIVITIES
Ex. Ord. No. 12333, Dec. 4, 1981, 46 F.R. 59941, as amended by
Ex. Ord. No. 13284, Sec. 18, Jan. 23, 2003, 68 F.R. 4077; Ex. Ord.
No. 13355, Secs. 2, 3, 6, Aug. 27, 2004, 69 F.R. 53593, provided:
TABLE OF CONTENTS
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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
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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 (Act) [see Short Title note above], and as
President of the United States of America, in order to provide for
the effective conduct of United States intelligence activities and
the protection of constitutional rights, it is hereby ordered as
follows:
PART 1 - GOALS, DIRECTION, DUTIES AND RESPONSIBILITIES WITH RESPECT
TO THE NATIONAL INTELLIGENCE EFFORT
1.1 GOALS
The United States intelligence effort shall provide the President
and the National Security Council with the necessary information on
which to base decisions concerning the conduct and development of
foreign, defense and economic policy, and the protection of United
States national interests from foreign security threats. All
departments and agencies shall cooperate fully to fulfill this
goal.
(a) Maximum emphasis should be given to fostering analytical
competition among appropriate elements of the Intelligence
Community.
(b) All means, consistent with applicable United States law and
this Order, and with full consideration of the rights of United
States persons, shall be used to develop intelligence information
for the President and the National Security Council. A balanced
approach between technical collection efforts and other means
should be maintained and encouraged.
(c) Special emphasis should be given to detecting and countering
espionage and other threats and activities directed by foreign
intelligence services against the United States Government, or
United States corporations, establishments, or persons.
(d) To the greatest extent possible consistent with applicable
United States law and this Order, and with full consideration of
the rights of United States persons, all agencies and departments
should seek to ensure full and free exchange of information in
order to derive maximum benefit from the United States intelligence
effort.
1.2 THE NATIONAL SECURITY COUNCIL
(a) Purpose. The National Security Council (NSC) was established
by the National Security Act of 1947 [see Short Title note above]
to advise the President with respect to the integration of
domestic, foreign and military policies relating to the national
security. The NSC shall act as the highest Executive Branch entity
that provides review of, guidance for and direction to the conduct
of all national foreign intelligence, counterintelligence, and
special activities, and attendant policies and programs.
(b) Committees. The NSC shall establish such committees as may be
necessary to carry out its functions and responsibilities under
this Order. The NSC, or a committee established by it, shall
consider and submit to the President a policy recommendation,
including all dissents, on each special activity and shall review
proposals for other sensitive intelligence operations.
1.3 NATIONAL FOREIGN INTELLIGENCE ADVISORY GROUPS
(a) Establishment and Duties. The Director of Central
Intelligence shall establish such boards, councils, or groups as
required for the purpose of obtaining advice from within the
Intelligence Community concerning:
(1) Production, review and coordination of national foreign
intelligence;
(2) Priorities for the National Foreign Intelligence Program
budget;
(3) Interagency exchanges of foreign intelligence information;
(4) Arrangements with foreign governments and organizations 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 and, in the
performance of Executive functions, the Vice President,, [sic] 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)(1) Act as the principal adviser to the President for
intelligence matters related to the national security;
(2) Act as the principal adviser to the National Security Council
and Homeland Security Council for intelligence matters related to
the national security; and
(b)(1) Develop such objectives and guidance for the Intelligence
Community necessary, in the Director's judgment, to ensure timely
and effective collection, processing, analysis, and dissemination
of intelligence, of whatever nature and from whatever source
derived, concerning current and potential threats to the security
of the United States and its interests, and to ensure that the
National Foreign Intelligence Program (NFIP) is structured
adequately to achieve these requirements; and
(2) Working with the Intelligence Community, ensure that United
States intelligence collection activities are integrated in: (i)
collecting against enduring and emerging national security
intelligence issues; (ii) maximizing the value to the national
security; and (iii) ensuring that all collected data is available
to the maximum extent practicable for integration, analysis, and
dissemination to those who can act on, add value to, or otherwise
apply it to mission needs.
(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)(1) Establish common security and access standards for
managing and handling intelligence systems, information, and
products, with special emphasis on facilitating:
(A) the fullest and most prompt sharing of information
practicable, assigning the highest priority to detecting,
preventing, preempting, and disrupting terrorist threats against
our homeland, our people, our allies, and our interests; and
(B) the establishment of interface standards for an interoperable
information sharing enterprise that facilitates the automated
sharing of intelligence information among agencies within the
Intelligence Community.
(2)(A) Establish, operate, and direct national centers with
respect to matters determined by the President for purposes of this
subparagraph to be of the highest national security priority, with
the functions of analysis and planning (including planning for
diplomatic, financial, military, intelligence, homeland security,
and law enforcement activities, and integration of such activities
among departments and agencies) relating to such matters.
(B) The countering of terrorism within the United States, or
against citizens of the United States, our allies, and our
interests abroad, is hereby determined to be a matter of the
highest national security priority for purposes of subparagraph
(2)(A) of this subsection.
(3) Ensure that appropriate agencies and departments have access
to and receive all-source intelligence support needed to perform
independent, alternative analysis.
(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)(1) Establish policies, procedures, and mechanisms that
translate intelligence objectives and priorities approved by the
President into specific guidance for the Intelligence Community.
(2) In accordance with objectives and priorities approved by the
President, establish collection requirements for the Intelligence
Community, determine collection priorities, manage collection
tasking, and resolve conflicts in the tasking of national
collection assets (except when otherwise directed by the President
or when the Secretary of Defense exercises collection tasking
authority under plans and arrangements approved by the Secretary of
Defense and the Director) of the Intelligence Community.
(3) Provide advisory tasking concerning collection of
intelligence information to elements of the United States
Government that have information collection capabilities and are
not organizations within the Intelligence Community.
(4) The responsibilities in subsections 1.5(m)(2) and (3) apply,
to the maximum extent consistent with applicable law, whether
information is to be collected inside or outside the United States.
(n)(1) Develop, determine, and present with the advice of the
heads of departments or agencies that have an organization within
the Intelligence Community, the annual consolidated NFIP budget.
The Director shall be responsible for developing an integrated and
balanced national intelligence program that is directly responsive
to the national security threats facing the United States. The
Director shall submit such budget (accompanied by dissenting views,
if any, of the head of a department or agency that has an
organization within the Intelligence Community) to the President
for approval; and
(2) Participate in the development by the Secretary of Defense of
the annual budgets for the Joint Military Intelligence Program
(JMIP) and the Tactical Intelligence and Related Activities (TIARA)
Program.
(o)(1) Transfer, consistent with applicable law and with the
approval of the Director of the Office of Management and Budget,
funds from an appropriation for the NFIP to another appropriation
for the NFIP or to another NFIP component;
(2) Review, and approve or disapprove, consistent with applicable
law, any proposal to: (i) reprogram funds within an appropriation
for the NFIP; (ii) transfer funds from an appropriation for the
NFIP to an appropriation that is not for the NFIP within the
Intelligence Community; or (iii) transfer funds from an
appropriation that is not for the NFIP within the Intelligence
Community to an appropriation for the NFIP; and
(3) Monitor and consult with the Secretary of Defense on
reprogrammings or transfers of funds within, into, or out of,
appropriations for the JMIP and the TIARA Program.
(p)(1) Monitor implementation and execution of the NFIP budget by
the heads of departments or agencies that have an organization
within the Intelligence Community, including, as necessary, by
conducting program and performance audits and evaluations;
(2) Monitor implementation of the JMIP and the TIARA Program and
advise the Secretary of Defense thereon; and
(3) After consultation with the heads of relevant departments,
report periodically, and not less often than semiannually, to the
President on the effectiveness of implementation of the NFIP
Program by organizations within the Intelligence Community, for
which purpose the heads of departments and agencies shall ensure
that the Director has access to programmatic, execution, and other
appropriate information.
(q) Together with the Secretary of Defense, ensure that there is
no unnecessary overlap between national foreign intelligence
programs and Department of Defense intelligence programs consistent
with the requirement to develop competitive analysis, and provide
to and obtain from the Secretary of Defense all information
necessary for this purpose;
(r) In accordance with law and relevant procedures approved by
the Attorney General under this Order, give the heads of the
departments and agencies access to all intelligence, developed by
the CIA or the staff elements of the Director of Central
Intelligence, relevant to the national intelligence needs of the
departments and agencies; and
(s) Facilitate the use of national foreign intelligence products
by Congress in a secure manner.
1.6 DUTIES AND RESPONSIBILITIES OF THE HEADS OF EXECUTIVE BRANCH
DEPARTMENTS AND AGENCIES
(a) The heads of all departments and agencies shall:
(1) Unless the Director provides otherwise, give the Director
access to all foreign intelligence, counterintelligence, and
national intelligence, as defined in the Act, that is relevant to
transnational terrorist threats and weapons of mass destruction
proliferation threats, including such relevant intelligence derived
from activities of the FBI, DHS, and any other department or
agency, and all other information that is related to the national
security or that otherwise is required for the performance of the
Director's duties, except such information that is prohibited by
law, by the President, or by the Attorney General acting under this
order at the direction of the President from being provided to the
Director. The Attorney General shall agree to procedures with the
Director pursuant to section 3(5)(B) of the Act [50 U.S.C.
401a(5)(B)] no later than 90 days after the issuance of this order
that ensure the Director receives all such information;
(2) support the Director in developing the NFIP;
(3) ensure that any intelligence and operational systems and
architectures of their departments and agencies are consistent with
national intelligence requirements set by the Director and all
applicable information sharing and security guidelines, and
information privacy requirements; and
(4) provide, to the extent permitted by law, subject to the
availability of appropriations, and not inconsistent with the
mission of the department or agency, such further support to the
Director as the Director may request, after consultation with the
head of the department or agency, for the performance of the
Director's functions.
(b) The heads of departments and agencies involved in the
National Foreign Intelligence Program shall ensure timely
development and submission to the Director of Central Intelligence
by the program managers and heads of component activities of
proposed national programs and budgets in the format designated by
the Director of Central Intelligence, and shall also ensure that
the Director of Central Intelligence is provided, in a timely and
responsive manner, all information necessary to perform the
Director's program and budget responsibilities.
(c) The heads of departments and agencies involved in the
National Foreign Intelligence Program may appeal to the President
decisions by the Director of Central Intelligence on budget or
reprogramming matters of the National Foreign Intelligence Program.
1.7 SENIOR OFFICIALS OF THE INTELLIGENCE COMMUNITY
The heads of departments and agencies with organizations in the
Intelligence Community or the heads of such organizations, as
appropriate, shall:
(a) Report to the Attorney General possible violations of federal
criminal laws by employees and of specified federal criminal laws
by any other person as provided in procedures agreed upon by the
Attorney General and the head of the department or agency
concerned, in a manner consistent with the protection of
intelligence sources and methods, as specified in those procedures;
(b) In any case involving serious or continuing breaches of
security, recommend to the Attorney General that the case be
referred to the FBI for further investigation;
(c) Furnish the NSC, in accordance with applicable law and
procedures approved by the Attorney General under this Order, the
information required for the performance of its duties;
(d) Report to the Intelligence Oversight Board, and keep the
Director of Central Intelligence appropriately informed, concerning
any intelligence activities of their organizations that they have
reason to believe may be unlawful or contrary to Executive order or
Presidential directive;
(e) Protect intelligence and intelligence sources and methods
from unauthorized disclosure consistent with guidance from the
Director of Central Intelligence;
(f) Disseminate intelligence to cooperating foreign governments
under arrangements established or agreed to by the Director of
Central Intelligence;
(g) Participate in the development of procedures approved by the
Attorney General governing production and dissemination of
intelligence resulting from criminal narcotics intelligence
activities abroad if their departments, agencies, or organizations
have intelligence responsibilities for foreign or domestic
narcotics production and trafficking;
(h) Instruct their employees to cooperate fully with the
Intelligence Oversight Board; and
(i) Ensure that the Inspectors General and General Counsels for
their organizations have access to any information necessary to
perform their duties assigned by this Order.
1.8 THE CENTRAL INTELLIGENCE AGENCY
All duties and responsibilities of the CIA shall be related to
the intelligence functions set out below. As authorized by this
Order; the National Security Act of 1947, as amended [see Short
Title note above]; the CIA Act of 1949, as amended [probably means
the Central Intelligence Agency Act of 1949, see Short Title note
set out under 50 U.S.C. 403a]; appropriate directives or other
applicable law, the CIA shall:
(a) Collect, produce and disseminate foreign intelligence and
counterintelligence, including information not otherwise
obtainable. The collection of foreign intelligence or
counterintelligence within the United States shall be coordinated
with the FBI as required by procedures agreed upon by the Director
of Central Intelligence and the Attorney General;
(b) Collect, produce and disseminate intelligence on foreign
aspects of narcotics production and trafficking;
(c) Conduct counterintelligence activities outside the United
States and, without assuming or performing any internal security
functions, conduct counterintelligence activities within the United
States in coordination with the FBI as required by procedures
agreed upon by the Director of Central Intelligence and the
Attorney General;
(d) Coordinate counterintelligence activities and the collection
of information not otherwise obtainable when conducted outside the
United States by other departments and agencies;
(e) Conduct special activities approved by the President. No
agency except the CIA (or the Armed Forces of the United States in
time of war declared by Congress or during any period covered by a
report from the President to the Congress under the War Powers
Resolution (87 Stat. 855) [50 U.S.C. 1541 et seq.]) may conduct any
special activity unless the President determines that another
agency is more likely to achieve a particular objective;
(f) Conduct services of common concern for the Intelligence
Community as directed by the NSC;
(g) Carry out or contract for research, development and
procurement of technical systems and devices relating to authorized
functions;
(h) Protect the security of its installations, activities,
information, property, and employees by appropriate means,
including such investigations of applicants, employees,
contractors, and other persons with similar associations with the
CIA as are necessary; and
(i) Conduct such administrative and technical support activities
within and outside the United States as are necessary to perform
the functions described in sections (a) through (h) above,
including procurement and essential cover and proprietary
arrangements.
1.9 THE DEPARTMENT OF STATE
The Secretary of State shall:
(a) Overtly collect information relevant to United States foreign
policy concerns;
(b) Produce and disseminate foreign intelligence relating to
United States foreign policy as required for the execution of the
Secretary's responsibilities;
(c) Disseminate, as appropriate, reports received from United
States diplomatic and consular posts;
(d) Transmit reporting requirements of the Intelligence Community
to the Chiefs of United States Missions abroad; and
(e) Support Chiefs of Missions in discharging their statutory
responsibilities for direction and coordination of mission
activities.
1.10 THE DEPARTMENT OF THE TREASURY AND THE DEPARTMENT OF HOMELAND
SECURITY.
The Secretary of the Treasury, with respect to subsections (a),
(b), and (c), and the Secretary of Homeland Security with respect
to subsection (d), 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 or the Vice President of the
United States, the Executive Office of the President, and, as
authorized by the Secretary of Homeland Security 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 Homeland Security and the Attorney General.
1.11 THE DEPARTMENT OF DEFENSE
The Secretary of Defense shall:
(a) Collect national foreign intelligence and be responsive to
collection tasking by the Director of Central Intelligence;
(b) Collect, produce and disseminate military and military-
related foreign intelligence and counterintelligence as required
for execution of the Secretary's responsibilities;
(c) Conduct programs and missions necessary to fulfill national,
departmental and tactical foreign intelligence requirements;
(d) Conduct counterintelligence activities in support of
Department of Defense components outside the United States in
coordination with the CIA, and within the United States in
coordination with the FBI pursuant to procedures agreed upon by the
Secretary of Defense and the Attorney General;
(e) Conduct, as the executive agent of the United States
Government, signals intelligence and communications security
activities, except as otherwise directed by the NSC;
(f) Provide for the timely transmission of critical intelligence,
as defined by the Director of Central Intelligence, within the
United States Government;
(g) Carry out or contract for research, development and
procurement of technical systems and devices relating to authorized
intelligence functions;
(h) Protect the security of Department of Defense installations,
activities, property, information, and employees by appropriate
means, including such investigations of applicants, employees,
contractors, and other persons with similar associations with the
Department of Defense as are necessary;
(i) Establish and maintain military intelligence relationships
and military intelligence exchange programs with selected
cooperative foreign defense establishments and international
organizations, and ensure that such relationships and programs are
in accordance with policies formulated by the Director of Central
Intelligence;
(j) Direct, operate, control and provide fiscal management for
the National Security Agency and for defense and military
intelligence and national reconnaissance entities; and
(k) Conduct such administrative and technical support activities
within and outside the United States as are necessary to perform
the functions described in sections (a) through (j) above.
1.12 INTELLIGENCE COMPONENTS UTILIZED BY THE SECRETARY OF DEFENSE
In carrying out the responsibilities assigned in section 1.11,
the Secretary of Defense is authorized to utilize the following:
(a) Defense Intelligence Agency, whose responsibilities shall
include:
(1) Collection, production, or, through tasking and coordination,
provision of military and military-related intelligence for the
Secretary of Defense, the Joint Chiefs of Staff, other Defense
components, and, as appropriate, non-Defense agencies;
(2) Collection and provision of military intelligence for
national foreign intelligence and counterintelligence products;
(3) Coordination of all Department of Defense intelligence
collection requirements;
(4) Management of the Defense Attache system; and
(5) Provision of foreign intelligence and counterintelligence
staff support as directed by the Joint Chiefs of Staff.
(b) National Security Agency, whose responsibilities shall
include:
(1) Establishment and operation of an effective unified
organization for signals intelligence activities, except for the
delegation of operational control over certain operations that are
conducted through other elements of the Intelligence Community. No
other department or agency may engage in signals intelligence
activities except pursuant to a delegation by the Secretary of
Defense;
(2) Control of signals intelligence collection and processing
activities, including assignment of resources to an appropriate
agent for such periods and tasks as required for the direct support
of military commanders;
(3) Collection of signals intelligence information for national
foreign intelligence purposes in accordance with guidance from the
Director of Central Intelligence;
(4) Processing of signals intelligence data for national foreign
intelligence purposes in accordance with guidance from the Director
of Central Intelligence;
(5) Dissemination of signals intelligence information for
national foreign intelligence purposes to authorized elements of
the Government, including the military services, in accordance with
guidance from the Director of Central Intelligence;
(6) Collection, processing and dissemination of signals
intelligence information for counterintelligence purposes;
(7) Provision of signals intelligence support for the conduct of
military operations in accordance with tasking, priorities, and
standards of timeliness assigned by the Secretary of Defense. If
provision of such support requires use of national collection
systems, these systems will be tasked within existing guidance from
the Director of Central Intelligence;
(8) Executing the responsibilities of the Secretary of Defense as
executive agent for the communications security of the United
States Government;
(9) Conduct of research and development to meet the needs of the
United States for signals intelligence and communications security;
(10) Protection of the security of its installations, activities,
property, information, and employees by appropriate means,
including such investigations of applicants, employees,
contractors, and other persons with similar associations with the
NSA as are necessary;
(11) Prescribing, within its field of authorized operations,
security regulations covering operating practices, including the
transmission, handling and distribution of signals intelligence and
communications security material within and among the elements
under control of the Director of the NSA, and exercising the
necessary supervisory control to ensure compliance with the
regulations;
(12) Conduct of foreign cryptologic liaison relationships, with
liaison for intelligence purposes conducted in accordance with
policies formulated by the Director of Central Intelligence; and
(13) Conduct of such administrative and technical support
activities within and outside the United States as are necessary to
perform the functions described in sections (1) through (12) above,
including procurement.
(c) Offices for the collection of specialized intelligence
through reconnaissance programs, whose responsibilities shall
include:
(1) Carrying out consolidated reconnaissance programs for
specialized intelligence;
(2) Responding to tasking in accordance with procedures
established by the Director of Central Intelligence; and
(3) Delegating authority to the various departments and agencies
for research, development, procurement, and operation of designated
means of collection.
(d) The foreign intelligence and counterintelligence elements of
the Army, Navy, Air Force, and Marine Corps, whose responsibilities
shall include:
(1) Collection, production and dissemination of military and
military-related foreign intelligence and counterintelligence, and
information on the foreign aspects of narcotics production and
trafficking. When collection is conducted in response to national
foreign intelligence requirements, it will be conducted in
accordance with guidance from the Director of Central Intelligence.
Collection of national foreign intelligence, not otherwise
obtainable, outside the United States shall be coordinated with the
CIA, and such collection within the United States shall be
coordinated with the FBI;
(2) Conduct of counterintelligence activities outside the United
States in coordination with the CIA, and within the United States
in coordination with the FBI; and
(3) Monitoring of the development, procurement and management of
tactical intelligence systems and equipment and conducting related
research, development, and test and evaluation activities.
(e) Other offices within the Department of Defense appropriate
for conduct of the intelligence missions and responsibilities
assigned to the Secretary of Defense. If such other offices are
used for intelligence purposes, the provisions of Part 2 of this
Order shall apply to those offices when used for those purposes.
1.13 THE DEPARTMENT OF ENERGY
The Secretary of Energy shall:
(a) Participate with the Department of State in overtly
collecting information with respect to foreign energy matters;
(b) Produce and disseminate foreign intelligence necessary for
the Secretary's responsibilities;
(c) Participate in formulating intelligence collection and
analysis requirements where the special expert capability of the
Department can contribute; and
(d) Provide expert technical, analytical and research capability
to other agencies within the Intelligence Community.
1.14 THE FEDERAL BUREAU OF INVESTIGATION
Under the supervision of the Attorney General and pursuant to
such regulations as the Attorney General may establish, the
Director of the FBI shall:
(a) Within the United States conduct counterintelligence and
coordinate counterintelligence activities of other agencies within
the Intelligence Community. When a counterintelligence activity of
the FBI involves military or civilian personnel of the Department
of Defense, the FBI shall coordinate with the Department of
Defense;
(b) Conduct counterintelligence activities outside the United
States in coordination with the CIA as required by procedures
agreed upon by the Director of Central Intelligence and the
Attorney General;
(c) Conduct within the United States, when requested by officials
of the Intelligence Community designated by the President,
activities undertaken to collect foreign intelligence or support
foreign intelligence collection requirements of other agencies
within the Intelligence Community, or, when requested by the
Director of the National Security Agency, to support the
communications security activities of the United States Government;
(d) Produce and disseminate foreign intelligence and
counterintelligence; and
(e) Carry out or contract for research, development and
procurement of technical systems and devices relating to the
functions authorized above.
PART 2 - CONDUCT OF INTELLIGENCE ACTIVITIES
2.1 NEED
Accurate and timely information about the capabilities,
intentions and activities of foreign powers, organizations, or
persons and their agents is essential to informed decisionmaking in
the areas of national defense and foreign relations. Collection of
such information is a priority objective and will be pursued in a
vigorous, innovative and responsible manner that is consistent with
the Constitution and applicable law and respectful of the
principles upon which the United States was founded.
2.2 PURPOSE
This Order is intended to enhance human and technical collection
techniques, especially those undertaken abroad, and the acquisition
of significant foreign intelligence, as well as the detection and
countering of international terrorist activities and espionage
conducted by foreign powers. Set forth below are certain general
principles that, in addition to and consistent with applicable
laws, are intended to achieve the proper balance between the
acquisition of essential information and protection of individual
interests. Nothing in this Order shall be construed to apply to or
interfere with any authorized civil or criminal law enforcement
responsibility of any department or agency.
2.3 COLLECTION OF INFORMATION
Agencies within the Intelligence Community are authorized to
collect, retain or disseminate information concerning United States
persons only in accordance with procedures established by the head
of the agency concerned and approved by the Attorney General,
consistent with the authorities provided by Part 1 of this Order.
Those procedures shall permit collection, retention and
dissemination of the following types of information:
(a) Information that is publicly available or collected with the
consent of the person concerned;
(b) Information constituting foreign intelligence or
counterintelligence, including such information concerning
corporations or other commercial organizations. Collection within
the United States of foreign intelligence not otherwise obtainable
shall be undertaken by the FBI or, when significant foreign
intelligence is sought, by other authorized agencies of the
Intelligence Community, provided that no foreign intelligence
collection by such agencies may be undertaken for the purpose of
acquiring information concerning the domestic activities of United
States persons;
(c) Information obtained in the course of a lawful foreign
intelligence, counterintelligence, international narcotics or
international terrorism investigation;
(d) Information needed to protect the safety of any persons or
organizations, including those who are targets, victims or hostages
of international terrorist organizations;
(e) Information needed to protect foreign intelligence or
counterintelligence sources or methods from unauthorized
disclosure. Collection within the United States shall be undertaken
by the FBI except that other agencies of the Intelligence Community
may also collect such information concerning present or former
employees, present or former intelligence agency contractors or
their present or former employees, or applicants for any such
employment or contracting;
(f) Information concerning persons who are reasonably believed to
be potential sources or contacts for the purpose of determining
their suitability or credibility;
(g) Information arising out of a lawful personnel, physical or
communications security investigation;
(h) Information acquired by overhead reconnaissance not directed
at specific United States persons;
(i) Incidentally obtained information that may indicate
involvement in activities that may violate federal, state, local or
foreign laws; and
(j) Information necessary for administrative purposes.
In addition, agencies within the Intelligence Community may
disseminate information, other than information derived from
signals intelligence, to each appropriate agency within the
Intelligence Community for purposes of allowing the recipient
agency to determine whether the information is relevant to its
responsibilities and can be retained by it.
2.4 COLLECTION TECHNIQUES
Agencies within the Intelligence Community shall use the least
intrusive collection techniques feasible within the United States
or directed against United States persons abroad. Agencies are not
authorized to use such techniques as electronic surveillance,
unconsented physical search, mail surveillance, physical
surveillance, or monitoring devices unless they are in accordance
with procedures established by the head of the agency concerned and
approved by the Attorney General. Such procedures shall protect
constitutional and other legal rights and limit use of such
information to lawful governmental purposes. These procedures shall
not authorize:
(a) The CIA to engage in electronic surveillance within the
United States except for the purpose of training, testing, or
conducting countermeasures to hostile electronic surveillance;
(b) Unconsented physical searches in the United States by
agencies other than the FBI, except for:
(1) Searches by counterintelligence elements of the military
services directed against military personnel within the United
States or abroad for intelligence purposes, when authorized by a
military commander empowered to approve physical searches for law
enforcement purposes, based upon a finding of probable cause to
believe that such persons are acting as agents of foreign powers;
and
(2) Searches by CIA of personal property of non-United States
persons lawfully in its possession.
(c) Physical surveillance of a United States person in the United
States by agencies other than the FBI, except for:
(1) Physical surveillance of present or former employees, present
or former intelligence agency contractors or their present or
former employees, or applicants for any such employment or
contracting; and
(2) Physical surveillance of a military person employed by a
nonintelligence element of a military service.
(d) Physical surveillance of a United States person abroad to
collect foreign intelligence, except to obtain significant
information that cannot reasonably be acquired by other means.
2.5 ATTORNEY GENERAL APPROVAL
The Attorney General hereby is delegated the power to approve the
use for intelligence purposes, within the United States or against
a United States person abroad, of any technique for which a warrant
would be required if undertaken for law enforcement purposes,
provided that such techniques shall not be undertaken unless the
Attorney General has determined in each case that there is probable
cause to believe that the technique is directed against a foreign
power or an agent of a foreign power. Electronic surveillance, as
defined in the Foreign Intelligence Surveillance Act of 1978 [50
U.S.C. 1801 et seq.], shall be conducted in accordance with that
Act, as well as this Order.
2.6 ASSISTANCE TO LAW ENFORCEMENT AUTHORITIES
Agencies within the Intelligence Community are authorized to:
(a) Cooperate with appropriate law enforcement agencies for the
purpose of protecting the employees, information, property and
facilities of any agency within the Intelligence Community;
(b) Unless otherwise precluded by law or this Order, participate
in law enforcement activities to investigate or prevent clandestine
intelligence activities by foreign powers, or international
terrorist or narcotics activities;
(c) Provide specialized equipment, technical knowledge, or
assistance of expert personnel for use by any department or agency,
or, when lives are endangered, to support local law enforcement
agencies. Provision of assistance by expert personnel shall be
approved in each case by the General Counsel of the providing
agency; and
(d) Render any other assistance and cooperation to law
enforcement authorities not precluded by applicable law.
2.7 CONTRACTING
Agencies within the Intelligence Community are authorized to
enter into contracts or arrangements for the provision of goods or
services with private companies or institutions in the United
States and need not reveal the sponsorship of such contracts or
arrangements for authorized intelligence purposes. Contracts or
arrangements with academic institutions may be undertaken only with
the consent of appropriate officials of the institution.
2.8 CONSISTENCY WITH OTHER LAWS
Nothing in this Order shall be construed to authorize any
activity in violation of the Constitution or statutes of the United
States.
2.9 UNDISCLOSED PARTICIPATION IN ORGANIZATIONS WITHIN THE UNITED
STATES
No one acting on behalf of agencies within the Intelligence
Community may join or otherwise participate in any organization in
the United States on behalf of any agency within the Intelligence
Community without disclosing his intelligence affiliation to
appropriate officials of the organization, except in accordance
with procedures established by the head of the agency concerned and
approved by the Attorney General. Such participation shall be
authorized only if it is essential to achieving lawful purposes as
determined by the agency head or designee. No such participation
may be undertaken for the purpose of influencing the activity of
the organization or its members except in cases where:
(a) The participation is undertaken on behalf of the FBI in the
course of a lawful investigation; or
(b) The organization concerned is composed primarily of
individuals who are not United States persons and is reasonably
believed to be acting on behalf of a foreign power.
2.10 HUMAN EXPERIMENTATION
No agency within the Intelligence Community shall sponsor,
contract for or conduct research on human subjects except in
accordance with guidelines issued by the Department of Health and
Human Services. The subject's informed consent shall be documented
as required by those guidelines.
2.11 PROHIBITION ON ASSASSINATION
No person employed by or acting on behalf of the United States
Government shall engage in, or conspire to engage in,
assassination.
2.12 INDIRECT PARTICIPATION
No agency of the Intelligence Community shall participate in or
request any person to undertake activities forbidden by this Order.
PART 3 - GENERAL PROVISIONS
3.1 CONGRESSIONAL OVERSIGHT
The duties and responsibilities of the Director of Central
Intelligence and the heads of other departments, agencies, and
entities engaged in intelligence activities to cooperate with the
Congress in the conduct of its responsibilities for oversight of
intelligence activities shall be implemented in accordance with
applicable law, including title V of the Act [50 U.S.C. 413 et
seq.]. The requirements of applicable law, including title V of the
Act, shall apply to all special activities as defined in this
Order.
3.2 IMPLEMENTATION
The NSC, the Secretary of Defense, the Attorney General, and the
Director of Central Intelligence shall issue such appropriate
directives and procedures as are necessary to implement this Order.
Heads of agencies within the Intelligence Community shall issue
appropriate supplementary directives and procedures consistent with
this Order. The Attorney General shall provide a statement of
reasons for not approving any procedures established by the head of
an agency in the Intelligence Community other than the FBI. The
National Security Council may establish procedures in instances
where the agency head and the Attorney General are unable to reach
agreement on other than constitutional or other legal grounds.
3.3 PROCEDURES
Until the procedures required by this Order have been
established, the activities herein authorized which require
procedures shall be conducted in accordance with existing
procedures or requirements established under Executive Order No.
12036 [formerly set out above]. Procedures required by this Order
shall be established as expeditiously as possible. All procedures
promulgated pursuant to this Order shall be made available to the
congressional intelligence committees.
3.4 DEFINITIONS
For the purposes of this Order, the following terms shall have
these meanings:
(a) Counterintelligence means information gathered and activities
conducted to protect against espionage, other intelligence
activities, sabotage, or assassinations conducted for or on behalf
of foreign powers, organizations or persons, or international
terrorist activities, but not including personnel, physical,
document or communications security programs.
(b) Electronic surveillance means acquisition of a nonpublic
communication by electronic means without the consent of a person
who is a party to an electronic communication or, in the case of a
nonelectronic communication, without the consent of a person who is
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, or organizations 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;
(7) The staff elements of the Director of Central Intelligence;
(8) The intelligence elements of the Coast Guard and those
elements of the Department of Homeland Security that are supervised
by the Department's Under Secretary for Information Analysis and
Infrastructure Protection through the Department's Assistant
Secretary for Information Analysis, with the exception of those
functions that involve no analysis of foreign intelligence
information; and
(9) National Geospatial-Intelligence Agency[.]
(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.
[For provisions relating to consideration of Commandant and
Assistant Commandant for Intelligence of the Coast Guard as a
"Senior Official of the Intelligence Community" for purposes of Ex.
Ord. No. 12333, set out above, and all other relevant authorities,
see Ex. Ord. No. 13286, Sec. 87, Feb. 28, 2003, 68 F.R. 10632, set
out as a note under section 111 of Title 6, Domestic Security.]
EXECUTIVE ORDER NO. 12334
Ex. Ord. No. 12334, Dec. 4, 1981, 46 F.R. 59955, as amended by
Ex. Ord. No. 12701, Feb. 14, 1990, 55 F.R. 5953, which established
the President's Intelligence Oversight Board, was revoked by Ex.
Ord. No. 12863, Sec. 3.3, Sept. 13, 1993, 58 F.R. 48441, set out
below.
EX. ORD. NO. 12863. PRESIDENT'S FOREIGN INTELLIGENCE ADVISORY BOARD
Ex. Ord. No. 12863, Sept. 13, 1993, 58 F.R. 48441, as amended by
Ex. Ord. No. 13070, Dec. 15, 1997, 62 F.R. 66493; Ex. Ord. No.
13301, May 14, 2003, 68 F.R. 26981; Ex. Ord. No. 13376, Apr. 13,
2005, 70 F.R. 20261, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
enhance the security of the United States by improving the quality
and effectiveness of intelligence available to the United States,
and to assure the legality of activities of the Intelligence
Community, it is ordered as follows:
PART I. ASSESSMENT OF INTELLIGENCE ACTIVITIES
Section 1.1. There is hereby established within the White House
Office, Executive Office of the President, the President's Foreign
Intelligence Advisory Board (PFIAB). The PFIAB shall consist of not
more than 16 members, who shall serve at the pleasure of the
President and shall be appointed by the President from among
trustworthy and distinguished citizens outside the Government who
are qualified on the basis of achievement, experience and
independence. The President shall establish the terms of the
members upon their appointment. To the extent practicable, one-
third of the PFIAB at any one time shall be comprised of members
whose term of service does not exceed 2 years. The President shall
designate a Chairman and Vice Chairman from among the members. The
PFIAB shall utilize full-time staff and consultants as authorized
by the President. Such staff shall be headed by an Executive
Director, appointed by the President.
Sec. 1.2. The PFIAB shall assess the quality, quantity, and
adequacy of intelligence collection, of analysis and estimates, and
of counterintelligence and other intelligence activities. The PFIAB
shall have the authority to review continually the performance of
all agencies of the Federal Government that are engaged in the
collection, evaluation, or production of intelligence or the
execution of intelligence policy. The PFIAB shall further be
authorized to assess the adequacy of management, personnel and
organization in the intelligence agencies. The heads of departments
and agencies of the Federal Government, to the extent permitted by
law, shall provide the PFIAB with access to all information that
the PFIAB deems necessary to carry out its responsibilities.
Sec. 1.3. The PFIAB shall report directly to the President and
advise him concerning the objectives, conduct, management and
coordination of the various activities of the agencies of the
Intelligence Community. The PFIAB shall report periodically, but at
least semiannually, concerning its findings and appraisals and
shall make appropriate recommendations for the improvement and
enhancement of the intelligence efforts of the United States.
Sec. 1.4. The PFIAB shall consider and recommend appropriate
action with respect to matters, identified to the PFIAB by the
Director of National Intelligence, the Central Intelligence Agency,
or other Government agencies engaged in intelligence or related
activities, in which the advice of the PFIAB will further the
effectiveness of the national intelligence effort. With respect to
matters deemed appropriate by the President, the PFIAB shall advise
and make recommendations to the Director of National Intelligence,
the Central Intelligence Agency, and other Government agencies
engaged in intelligence and related activities, concerning ways to
achieve increased effectiveness in meeting national intelligence
needs.
PART II. OVERSIGHT OF INTELLIGENCE ACTIVITIES
Sec. 2.1. The Intelligence Oversight Board (IOB) is hereby
established as a standing committee of the PFIAB. The IOB shall
consist of no more than five members designated by the President
from among the membership of the PFIAB. The Chairman of the PFIAB
may also serve as the Chairman or a member of the IOB if so
designated by the President. The IOB shall utilize such full-time
staff and consultants as authorized by the Chairman of the IOB with
the concurrence of the Chairman of the PFIAB.
Sec. 2.2. The IOB shall:
(a) prepare for the President reports of intelligence
activities that the IOB believes may be unlawful or contrary to
Executive order or Presidential directive;
(b) forward to the Attorney General reports received concerning
intelligence activities that the IOB believes may be unlawful or
contrary to Executive order or Presidential directive;
(c) review the internal guidelines of each agency within the
Intelligence Community that concern the lawfulness of
intelligence activities;
(d) review the practices and procedures of the Inspectors
General and General Counsel of the Intelligence Community for
discovering and reporting intelligence activities that may be
unlawful or contrary to Executive order or Presidential
directive; and
(e) conduct such investigations as the IOB deems necessary to
carry out its functions under this order.
Sec. 2.3. The IOB shall report to the President. The IOB shall
consider and take appropriate action with respect to matters
identified by the Director of National Intelligence, the Central
Intelligence Agency or other agencies of the Intelligence
Community. With respect to matters deemed appropriate by the
President, the IOB shall advise and make appropriate
recommendations to the Director of National Intelligence, the
Central Intelligence Agency and other agencies of the Intelligence
Community.
Sec. 2.4. The heads of departments and agencies of the
Intelligence Community, to the extent permitted by law, shall
provide the IOB with all information that the IOB deems necessary
to carry out its responsibilities. Inspectors General and General
Counsel of the Intelligence Community, to the extent permitted by
law, shall report to the IOB, at least on a quarterly basis and
from time to time as necessary or appropriate, concerning
intelligence activities that they have reason to believe may be
unlawful or contrary to Executive order or Presidential directive.
PART III. GENERAL PROVISIONS
Sec. 3.1. Information made available to the PFIAB, or members of
the PFIAB acting in their IOB capacity, shall be given all
necessary security protection in accordance with applicable laws
and regulations. Each member of the PFIAB, each member of the
PFIAB's staff and each of the PFIAB's consultants shall execute an
agreement never to reveal any classified information obtained by
virtue of his or her services with the PFIAB except to the
President or to such persons as the President may designate.
Sec. 3.2. Members of the PFIAB shall serve without compensation
but may receive transportation expenses and per diem allowance as
authorized by law. Staff and consultants to the PFIAB shall receive
pay and allowances as authorized by the President.
Sec. 3.3. Executive Order No. 12334 of December 4, 1981, as
amended, and Executive Order No. 12537 of October 28, 1985, as
amended [50 U.S.C. 403 note], are revoked.
Sec. 3.4. This order is intended only to improve the internal
management of the executive branch of the Federal Government, and
is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity, against
the United States, its departments, agencies, or other entities,
its officers or employees, or any other person.
EFFECTIVE DATES OF PROVISIONS IN TITLE I OF THE INTELLIGENCE REFORM
AND TERRORISM PREVENTION ACT OF 2004
Memorandum of President of the United States, Apr. 21, 2005, 70
F.R. 23925, provided:
Memorandum for the Secretary of State[,] the Secretary of the
Treasury[,] the Secretary of Defense[,] the Attorney General[,] the
Secretary of Energy[,] the Secretary of Homeland Security[,] the
Director of the Office of Management and Budget[, and] the Director
of National Intelligence
Subsection 1097(a) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458, December 17, 2004) (the
Act) [set out in a note above] provides:
(a) IN GENERAL- Except as otherwise expressly provided in this
Act, this title and the amendments made by this title shall take
effect not later than 6 months after the date of the enactment of
this Act.
Subsection 1097(a) clearly contemplates that one or more of the
provisions in Title I of the Act may take effect earlier than the
date that is 6 months after the date of enactment of the Act, but
does not state explicitly the mechanism for determining when such
earlier effect shall occur, leaving it to the President in the
execution of the Act. Moreover, given that section 1097(a) evinces
a legislative intent to afford the President flexibility, and such
flexibility is constitutionally appropriate with respect to
intelligence matters (see United States v. Curtiss-Wright Export
Corporation, 299 U.S. 304 (1936)), the executive branch shall
construe section 1097(a) to authorize the President to select
different effective dates that precede the 6-month deadline for
different provisions in Title I.
Therefore, pursuant to the Constitution and the laws of the
United States of America, including subsection 1097(a) of the Act,
I hereby determine and direct:
1. Sections 1097(a) and 1103 of the Act [set out in notes above],
relating respectively to effective dates of provisions and to
severability, shall take effect immediately upon the signing of
this memorandum to any extent that they have not already taken
effect.
2. Provisions in Title I of the Act other than those addressed in
numbered paragraph 1 of this memorandum shall take effect
immediately upon the signing of this memorandum, except:
(a) any provision in Title I of the Act for which the Act
expressly provides the date on which the provision shall take
effect; and
(b) sections 1021 and 1092 of the Act [enacting section 404o of
this title and provisions set out in a note above, respectively],
relating to the National Counterterrorism Center.
The taking of effect of a provision pursuant to section 1097(a)
of the Act and this memorandum shall not affect the construction of
such provision by the executive branch as set forth in my Statement
of December 17, 2004, upon signing the Act into law.
The Director of the Office of Management and Budget is authorized
and directed to publish this memorandum in the Federal Register.
George W. Bush.