Executive order 12333 as amended 2008. Executive Order #12333: Reagan, Bush & Obama Pave the Way to Surveillance Overreach 2019-04-05

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Executive Order 13470: Further Amendments to Executive Order 12333, United States Intelligence Activities

executive order 12333 as amended 2008

Open hearings are often televised. Such an order would have been filed by the National Security Division of the Justice Department and approved by the. For the purpose of access to and sharing of information and intelligence, the Director: 1 Is hereby assigned the function under section 3 5 of the Act, to determine that intelligence, regardless of the source from which derived and including information gathered within or outside the United States, pertains to more than one United States Government agency; and 2 Shall develop guidelines for how information or intelligence is provided to or accessed by the Intelligence Community in accordance with section 1. The 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. 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. No covert action may be conducted which is intended to influence United States political processes, public opinion, policies, or media.

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Executive Order 12333

executive order 12333 as amended 2008

Functional Managers may also advise the Director on: the management of resources; policies and procedures; collection capabilities and gaps; processing and dissemination of intelligence; technical architectures; and other issues or activities determined by the Director. The Director of Central Intelligence shall establish such boards, councils, or groups as required for the purpose of obtaining advice from within the Intelligence Community concerning: 1 Production, review and coordination of national foreign intelligence; 2 Priorities for the National Foreign Intelligence Program budget; 3 Interagency exchanges of foreign intelligence information; 4 Arrangements with foreign governments on intelligence matters; 5 Protection of intelligence sources and methods; 6 Activities of common concern; and 7 Such other matters as may be referred by the Director of Central Intelligence. Heads of elements within the Intelligence Community shall issue appropriate procedures and supplementary directives consistent with this order. The Director shall collect overtly or through publicly available sources , analyze, produce, and disseminate information, intelligence, and counterintelligence to support the missions of the Office of the Director of National Intelligence, including the National Counterterrorism Center, and to support other national missions. 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. Each element of the Intelligence Community shall have the duties and responsibilities specified below, in addition to those specified by law or elsewhere in this order. In addition to the authorities exercised by the intelligence elements of the Federal Bureau of Investigation of the Department of Justice under sections 1.

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Bush Amends Executive Order 12333, 7/31/2008.

executive order 12333 as amended 2008

For uniformed heads of the intelligence elements of the Army, the Navy, the Air Force, and the Marine Corps, the Director may make a recommendation for removal to the Secretary of Defense. No procedures to implement Part 2 of this order shall be issued without the Attorney General's approval, after consultation with the Director. Intelligence Community elements within executive departments shall serve the information and intelligence needs of their respective heads of departments and also shall operate as part of an integrated Intelligence Community, as provided in law or this order. In carrying out the responsibilities assigned in section 1. The document has been employed by the as legal authorization for its collection of unencrypted information flowing through the of internet communications giants Google and. No information shall be acquired intentionally through such activities except to protect against use of such surveillance equipment, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of Homeland Security and the Attorney General. In addition to the authorities exercised by the intelligence elements of the Federal Bureau of Investigation of the Department of Justice under sections 1.

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Accountability

executive order 12333 as amended 2008

Contracts or arrangements with academic institutions may be undertaken only with the consent of appropriate officials of the institution. The Director shall collect overtly or through publicly available sources , analyze, produce, and disseminate information, intelligence, and counterintelligence to support the missions of the Office of the Director of National Intelligence, including the National Counterterrorism Center, and to support other national missions. 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, 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. Such term does not include programs, projects, or activities of the military departments to acquire intelligence solely for the planning and conduct of tactical military operations by United States Armed Forces. The subject's informed consent shall be documented as required by those guidelines.

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Further Amendments to Executive Order 12333, United States Intelligence Activities

executive order 12333 as amended 2008

Groups for consideration of substantive intelligence matters will include representatives of organizations involved in the collection, processing and analysis of intelligence. This amendment, Executive Order 13470, was created by President Bush in July of 2008. However, by outlining the types of information that may be collected, the Order restricts the gathering of information outside of those provisions. The fact that these agency-specific policies are often hidden from public view has only aggravated these issues. The Commanders and heads of the intelligence and counterintelligence elements of the Army, Navy, Air Force, and Marine Corps shall: 1 Collect including through clandestine means , produce, analyze, and disseminate defense and defense-related intelligence and counterintelligence to support departmental requirements, and, as appropriate, national requirements; 2 Conduct counterintelligence activities; 3 Monitor the development, procurement, and management of tactical intelligence systems and equipment and conduct related research, development, and test and evaluation activities; and 4 Conduct military intelligence liaison relationships and military intelligence exchange programs with selected cooperative foreign defense establishments and international organizations in accordance with sections 1.

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Executive Order 12333

executive order 12333 as amended 2008

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. All new procedures promulgated pursuant to Executive Order 12333, as amended, shall be made available to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives. For that purpose, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including the National Security Act of 1947, as amended, Act and as President of the United States of America, in order to provide for the effective conduct of United States intelligence activities and the protection of constitutional rights, it is hereby ordered as follows: Table of Contents 1. . In addition to the authorities exercised by the Bureau of Intelligence and Research under sections 1. Nothing in this Order shall be construed to authorize any activity in violation of the Constitution or statutes of the United States. Electronic surveillance, as defined in the Foreign Intelligence Surveillance Act of 1978, shall be conducted in accordance with that Act, as well as this Order.

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Executive Order 12333

executive order 12333 as amended 2008

Functional Managers may also advise the Director on: the management of resources; policies and procedures; collection capabilities and gaps; processing and dissemination of intelligence; technical architectures; and other issues or activities determined by the Director. The Director of the National Reconnaissance Office shall: 1 Be responsible for research and development, acquisition, launch, deployment, and operation of overhead systems and related data processing facilities to collect intelligence and information to support national and departmental missions and other United States Government needs; and 2 Conduct foreign liaison relationships relating to the above missions, in accordance with sections 1. Government and coordinate such activities between different departments and agencies. In the case of the Under Secretary of Defense for Intelligence, the Secretary of Defense may recommend to the President either the removal or the retention of the individual. This is truly a historic day for our Community and the nation. The heads of all departments and agencies shall: a Provide the Director access to all information and intelligence relevant to the national security or that otherwise is required for the performance of the Director's duties, to include administrative and other appropriate management information, except such information excluded by law, by the President, or by the Attorney General acting under this order at the direction of the President; b Provide all programmatic and budgetary information necessary to support the Director in developing the National Intelligence Program; c Coordinate development and implementation of intelligence systems and architectures and, as appropriate, operational systems and architectures of their departments, agencies, and other elements with the Director to respond to national intelligence requirements and all applicable information sharing and security guidelines, information privacy, and other legal requirements; d Provide, to the maximum 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; e Respond to advisory tasking from the Director under section 1.

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Executive Order: Further Amendments to Executive Order 12333, United States Intelligence Activities

executive order 12333 as amended 2008

Elements of the Intelligence Community are authorized to collect, retain, or disseminate information concerning United States persons only in accordance with procedures established by the head of the Intelligence Community element concerned or by the head of a department containing such element and approved by the Attorney General, consistent with the authorities provided by Part 1 of this Order, after consultation with the Director. The United States intelligence effort shall provide the President, the National Security Council, and the Homeland Security Council with the necessary information on which to base decisions concerning the development and conduct of foreign, defense, and economic policies, and the protection of United States national interests from foreign security threats. The heads of elements of the Intelligence Community shall: a Provide the Director access to all information and intelligence relevant to the national security or that otherwise is required for the performance of the Director's duties, to include administrative and other appropriate management information, except such information excluded by law, by the President, or by the Attorney General acting under this order at the direction of the President; b 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, agency, or establishment concerned, in a manner consistent with the protection of intelligence sources and methods, as specified in those procedures; c Report to the Intelligence Oversight Board, consistent with Executive Order 13462 of February 29, 2008, and provide copies of all such reports to the Director, concerning any intelligence activities of their elements that they have reason to believe may be unlawful or contrary to executive order or presidential directive; d Protect intelligence and intelligence sources, methods, and activities from unauthorized disclosure in accordance with guidance from the Director; e Facilitate, as appropriate, the sharing of information or intelligence, as directed by law or the President, to State, local, tribal, and private sector entities; f Disseminate information or intelligence to foreign governments and international organizations under intelligence or counterintelligence arrangements or agreements established in accordance with section 1. No procedures to implement Part 2 of this order shall be issued without the Attorney General's approval, after consultation with the Director. The Director of the National Geospatial-Intelligence Agency shall: 1 Collect, process, analyze, produce, and disseminate geospatial intelligence information and data for foreign intelligence and counterintelligence purposes to support national and departmental missions; Start Printed Page 45335 2 Provide geospatial intelligence support for national and departmental requirements and for the conduct of military operations; 3 Conduct administrative and technical support activities within and outside the United States as necessary for cover arrangements; and 4 Conduct foreign geospatial intelligence liaison relationships, in accordance with sections 1. The Director of the National Reconnaissance Office shall: 1 Be responsible for research and development, acquisition, launch, deployment, and operation of overhead systems and related data processing facilities to collect intelligence and information to support national and departmental missions and other United States Government needs; and 2 Conduct foreign liaison relationships relating to the above missions, in accordance with sections 1. The Director of the Defense Intelligence Agency shall: 1 Collect including through clandestine means , analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions; 2 Collect, analyze, produce, or, through tasking and coordination, provide defense and defense-related intelligence for the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, combatant commanders, other Defense components, and non-Defense agencies; 3 Conduct counterintelligence activities; 4 Conduct administrative and technical support activities within and outside the United States as necessary for cover and proprietary arrangements; 5 Conduct foreign defense intelligence liaison relationships and defense intelligence exchange programs with foreign defense establishments, intelligence or security services of foreign governments, and international organizations in accordance with sections 1.

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Further Amendments to Executive Order 12333, United States Intelligence Activities

executive order 12333 as amended 2008

The Director of the Defense Intelligence Agency shall: 1 Collect including through clandestine means , analyze, produce, and disseminate foreign intelligence and counterintelligence to support national and departmental missions; 2 Collect, analyze, produce, or, through tasking and coordination, provide defense and defense-related intelligence for the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, combatant commanders, other Defense components, and non-Defense agencies; 3 Conduct counterintelligence activities; 4 Conduct administrative and technical support activities within and outside the United States as necessary for cover and proprietary arrangements; 5 Conduct foreign defense intelligence liaison relationships and defense intelligence exchange programs with foreign defense establishments, intelligence or security services of foreign governments, and international organizations in accordance with sections 1. If the department head and the Director do not reach an agreement on the selection or recommendation, the Director and the department head concerned may advise the President directly of the Director's intention to withhold concurrence. In carrying out the responsibilities assigned in section 1. These changes have been incorporated in this text. The requirements of section 662 of the Foreign Assistance Act of 1961, as amended 22 U. In the case of the Under Secretary of Defense for Intelligence, the Secretary of Defense may recommend to the President either the removal or the retention of the individual.

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Executive Order 13470: Further Amendments to Executive Order 12333, United States Intelligence Activities

executive order 12333 as amended 2008

The Director of the Central Intelligence Agency shall: 1 Collect including through clandestine means , analyze, produce, and disseminate foreign intelligence and counterintelligence; 2 Conduct counterintelligence activities without assuming or performing any internal security functions within the United States; 3 Conduct administrative and technical support activities within and outside the United States as necessary for cover and proprietary arrangements; 4 Conduct covert action activities approved by the President. No information shall be acquired intentionally through such activities except to protect against use of such surveillance equipment, and those activities shall be conducted pursuant to procedures agreed upon by the Secretary of Homeland Security and the Attorney General. The activities herein authorized that require procedures shall be conducted in accordance with existing procedures or requirements established under Executive Order 12333. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense, after coordination with the Director; 3 Control 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; 4 Conduct administrative and technical support activities within and outside the United States as necessary for cover arrangements; 5 Provide signals intelligence support for national and departmental requirements and for the conduct of military operations; 6 Act as the National Manager for National Security Systems as established in law and policy, and in this capacity be responsible to the Secretary of Defense and to the Director; 7 Prescribe, consistent with section 102A g of the Act, 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 National Security Agency, and exercise the necessary supervisory control to ensure compliance with the regulations; and 8 Conduct foreign cryptologic liaison relationships in accordance with sections 1. In addition, elements within the Intelligence Community may disseminate information to each appropriate elements of the Intelligence Community for purposes of allowing the recipient element to determine whether the information is relevant to its responsibilities and can be retained by it, except that information derived from signals intelligence may only be disseminated or made available to Intelligence Community elements in accordance with procedures established by the Director in coordination with the Secretary of Defense and approved by the Attorney General. No other department or agency may engage in signals intelligence activities except pursuant to a delegation by the Secretary of Defense, after coordination with the Director; 3 Control 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; 4 Conduct administrative and technical support activities within and outside the United States as necessary for cover arrangements; 5 Provide signals intelligence support for national and departmental requirements and for the conduct of military operations; 6 Act as the National Manager for National Security Systems as established in law and policy, and in this capacity be responsible to the Secretary of Defense and to the Director; 7 Prescribe, consistent with section 102A g of the Act, 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 National Security Agency, and exercise the necessary supervisory control to ensure compliance with the regulations; and 8 Conduct foreign cryptologic liaison relationships in accordance with sections 1. Advisory groups shall consist of representatives from elements of the Intelligence Community, as designated by the Director, or other executive branch departments, agencies, and offices, as appropriate; 16 Shall ensure the timely exploitation and dissemination of data gathered by national intelligence collection means, and ensure that the resulting intelligence is disseminated immediately to appropriate government elements, including military commands; 17 Shall determine requirements and priorities for, and manage and direct the tasking, collection, analysis, production, and dissemination of, national intelligence by elements of the Intelligence Community, including approving requirements for collection and analysis and resolving conflicts in collection requirements and in the tasking of national collection assets of Intelligence Community elements 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 ; 18 May provide advisory tasking concerning collection and analysis of information or intelligence relevant to national intelligence or national security to departments, agencies, and establishments of the United States Government that are not elements of the Intelligence Community; and shall establish procedures, in consultation with affected heads of departments or agencies and subject to approval by the Attorney General, to implement this authority and to monitor or evaluate the responsiveness of United States Government departments, agencies, and other establishments; 19 Shall fulfill the responsibilities in section 1.

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