[Weekly Compilation of Presidential Documents Volume 44, Number 30 (Monday, August 4, 2008)]
[Pages 1064-1080]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13470--Further Amendments to Executive Order 12333, 
United States Intelligence Activities

July 30, 2008

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), and in 
order to update and clarify Executive Order 13355 of August 27, 2004, 
Executive Order 12333 of December 4, 1981, as amended, is hereby further 
amended as follows:
    Section 1. The Preamble to Executive Order 12333, as amended, is 
further amended by:
    (a) Striking ``and'' and inserting in lieu thereof a comma before 
the word ``accurate'', and inserting ``, and insightful'' after the word 
``accurate'' in the first sentence;
    (b) Striking ``statutes'' and inserting in lieu thereof ``the laws'' 
before ``of the United States of America'' in the third sentence; and
    (c) Striking ``the'' before ``United States intelligence 
activities'' in the third sentence.
    Sec. 2. Executive Order 12333, as amended, is further amended by 
striking Part 1 in its entirety and inserting in lieu thereof the 
following new part:

    PART 1 Goals, Directions, Duties, and Responsibilities with Respect 
to United States Intelligence Efforts

    1.1 Goals. The United States intelligence effort shall provide the 
President, the National Security Council, and the Homeland Security 
Council with the necessary information on which to base decisions 
concerning the development and conduct of foreign, defense, and economic 
policies, and the protection of United States national interests from 
foreign security threats. All departments and agencies shall cooperate 
fully to fulfill this goal.
    (a) All means, consistent with applicable Federal law and this 
order, and with full consideration of the rights of United States 
persons, shall be used to obtain reliable intelligence information to 
protect the United States and its interests.
    (b) The United States Government has a solemn obligation, and shall 
continue in the conduct of intelligence activities under this order, to 
protect fully the legal rights of all United States persons, including 
freedoms, civil liberties, and privacy rights guaranteed by Federal law.
    (c) Intelligence collection under this order should be guided by the 
need for information to respond to intelligence priorities set by the 
President.
    (d) Special emphasis should be given to detecting and countering:

    (1) Espionage and other threats and activities directed by foreign 
      powers or their intelligence services against the United States 
      and its interests;
    (2) Threats to the United States and its interests from terrorism; 
      and

[[Page 1065]]

    (3) Threats to the United States and its interests from the 
      development, possession, proliferation, or use of weapons of mass 
      destruction.
    (e) Special emphasis shall be given to the production of timely, 
accurate, and insightful reports, responsive to decisionmakers in the 
executive branch, that draw on all appropriate sources of information, 
including open source information, meet rigorous analytic standards, 
consider diverse analytic viewpoints, and accurately represent 
appropriate alternative views.
    (f) State, local, and tribal governments are critical partners in 
securing and defending the United States from terrorism and other 
threats to the United States and its interests. Our national 
intelligence effort should take into account the responsibilities and 
requirements of State, local, and tribal governments and, as 
appropriate, private sector entities, when undertaking the collection 
and dissemination of information and intelligence to protect the United 
States.
    (g) All departments and agencies have a responsibility to prepare 
and to provide intelligence in a manner that allows the full and free 
exchange of information, consistent with applicable law and presidential 
guidance.
    1.2 The National Security Council.
    (a) Purpose. The National Security Council (NSC) shall act as the 
highest ranking executive branch entity that provides support to the 
President for review of, guidance for, and direction to the conduct of 
all foreign intelligence, counterintelligence, and covert action, and 
attendant policies and programs.
    (b) Covert Action and Other Sensitive Intelligence Operations. The 
NSC shall consider and submit to the President a policy recommendation, 
including all dissents, on each proposed covert action and conduct a 
periodic review of ongoing covert action activities, including an 
evaluation of the effectiveness and consistency with current national 
policy of such activities and consistency with applicable legal 
requirements. The NSC shall perform such other functions related to 
covert action as the President may direct, but shall not undertake the 
conduct of covert actions. The NSC shall also review proposals for other 
sensitive intelligence operations.
    1.3 Director of National Intelligence. Subject to the authority, 
direction, and control of the President, the Director of National 
Intelligence (Director) shall serve as the head of the Intelligence 
Community, act as the principal adviser to the President, to the NSC, 
and to the Homeland Security Council for intelligence matters related to 
national security, and shall oversee and direct the implementation of 
the National Intelligence Program and execution of the National 
Intelligence Program budget. The Director will lead a unified, 
coordinated, and effective intelligence effort. In addition, the 
Director shall, in carrying out the duties and responsibilities under 
this section, take into account the views of the heads of departments 
containing an element of the Intelligence Community and of the Director 
of the Central Intelligence Agency.
    (a) Except as otherwise directed by the President or prohibited by 
law, the Director shall have access to all information and intelligence 
described in section 1.5(a) of this order. 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 1.5(a) of this order, and for how the 
      information or intelligence may be used and shared by the 
      Intelligence Community. All guidelines developed in accordance 
      with this section shall be approved by the Attorney General and, 
      where applicable, shall be consistent with guidelines issued 
      pursuant to section 1016 of the Intelligence Reform and Terrorism 
      Protection Act of 2004 (Public Law 108 458) (IRTPA).
    (b) In addition to fulfilling the obligations and responsibilities 
prescribed by the Act, the Director:

[[Page 1066]]

    (1) Shall establish objectives, priorities, and guidance for the 
      Intelligence Community to ensure timely and effective collection, 
      processing, analysis, and dissemination of intelligence, of 
      whatever nature and from whatever source derived;
    (2) May designate, in consultation with affected heads of 
      departments or Intelligence Community elements, one or more 
      Intelligence Community elements to develop and to maintain 
      services of common concern on behalf of the Intelligence Community 
      if the Director determines such services can be more efficiently 
      or effectively accomplished in a consolidated manner;
    (3) Shall oversee and provide advice to the President and the NSC 
      with respect to all ongoing and proposed covert action programs;
    (4) In regard to the establishment and conduct of intelligence 
      arrangements and agreements with foreign governments and 
      international organizations:
         (A) May enter into intelligence and counterintelligence 
            arrangements and agreements with foreign governments and 
            international organizations;
         (B) Shall formulate policies concerning intelligence and 
            counterintelligence arrangements and agreements with foreign 
            governments and international organizations; and
         (C) Shall align and synchronize intelligence and 
            counterintelligence foreign relationships among the elements 
            of the Intelligence Community to further United States 
            national security, policy, and intelligence objectives;
    (5) Shall participate in the development of procedures approved by 
      the Attorney General governing criminal drug intelligence 
      activities abroad to ensure that these activities are consistent 
      with foreign intelligence programs;
    (6) Shall 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 access to and dissemination of 
            information and intelligence practicable, assigning the 
            highest priority to detecting, preventing, preempting, and 
            disrupting terrorist threats and activities against the 
            United States, its interests, and allies; and
         (B) The establishment of standards for an interoperable 
            information sharing enterprise that facilitates the sharing 
            of intelligence information among elements of the 
            Intelligence Community;
    (7) Shall ensure that appropriate departments and agencies have 
      access to intelligence and receive the support needed to perform 
      independent analysis;
    (8) Shall protect, and ensure that programs are developed to 
      protect, intelligence sources, methods, and activities from 
      unauthorized disclosure;
    (9) Shall, after consultation with the heads of affected departments 
      and agencies, establish guidelines for Intelligence Community 
      elements for:
         (A) Classification and declassification of all intelligence and 
            intelligence-related information classified under the 
            authority of the Director or the authority of the head of a 
            department or Intelligence Community element; and
         (B) Access to and dissemination of all intelligence and 
            intelligence-related information, both in its final form and 
            in the form when initially gathered, to include intelligence 
            originally classified by the head of a department or 
            Intelligence Community element, except that access to and 
            dissemination of information concerning United States 
            persons shall be governed by procedures developed in 
            accordance with Part 2 of this order;
    (10) May, only with respect to Intelligence Community elements, and 
      after consultation with the head of the originating Intelligence 
      Community element or the head of the originating department, 
      declassify, or direct the declassification of, information or 
      intelligence relating to

[[Page 1067]]

      intelligence sources, methods, and activities. The Director may 
      only delegate this authority to the Principal Deputy Director of 
      National Intelligence;
    (11) May establish, operate, and direct one or more national 
      intelligence centers to address intelligence priorities;
    (12) May establish Functional Managers and Mission Managers, and 
      designate officers or employees of the United States to serve in 
      these positions.
         (A) Functional Managers shall report to the Director concerning 
            the execution of their duties as Functional Managers, and 
            may be charged with developing and implementing strategic 
            guidance, policies, and procedures for activities related to 
            a specific intelligence discipline or set of intelligence 
            activities; set training and tradecraft standards; and 
            ensure coordination within and across intelligence 
            disciplines and Intelligence Community elements and with 
            related non-intelligence activities. Functional Managers may 
            also advise the Director on: the management of resources; 
            policies and procedures; collection capabilities and gaps; 
            processing and dissemination of intelligence; technical 
            architectures; and other issues or activities determined by 
            the Director.
           (i) The Director of the National Security Agency is 
            designated the Functional Manager for signals intelligence;
           (ii) The Director of the Central Intelligence Agency is 
            designated the Functional Manager for human intelligence; 
            and
           (iii) The Director of the National Geospatial-Intelligence 
            Agency is designated the Functional Manager for geospatial 
            intelligence.
         (B) Mission Managers shall serve as principal substantive 
            advisors on all or specified aspects of intelligence related 
            to designated countries, regions, topics, or functional 
            issues;
    (13) Shall establish uniform criteria for the determination of 
      relative priorities for the transmission of critical foreign 
      intelligence, and advise the Secretary of Defense concerning the 
      communications requirements of the Intelligence Community for the 
      transmission of such communications;

    (14) Shall have ultimate responsibility for production and 
      dissemination of intelligence produced by the Intelligence 
      Community and authority to levy analytic tasks on intelligence 
      production organizations within the Intelligence Community, in 
      consultation with the heads of the Intelligence Community elements 
      concerned;

    (15) May establish advisory groups for the purpose of obtaining 
      advice from within the Intelligence Community to carry out the 
      Director's responsibilities, to include Intelligence Community 
      executive management committees composed of senior Intelligence 
      Community leaders. 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);

[[Page 1068]]

    (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 1.3(b)(17) and 
      (18) of this order, consistent with applicable law and with full 
      consideration of the rights of United States persons, whether 
      information is to be collected inside or outside the United 
      States;
    (20) Shall ensure, through appropriate policies and procedures, the 
      deconfliction, coordination, and integration of all intelligence 
      activities conducted by an Intelligence Community element or 
      funded by the National Intelligence Program. In accordance with 
      these policies and procedures:
         (A) The Director of the Federal Bureau of Investigation shall 
            coordinate the clandestine collection of foreign 
            intelligence collected through human sources or through 
            human-enabled means and counterintelligence activities 
            inside the United States;
         (B) The Director of the Central Intelligence Agency shall 
            coordinate the clandestine collection of foreign 
            intelligence collected through human sources or through 
            human-enabled means and counterintelligence activities 
            outside the United States;
         (C) All policies and procedures for the coordination of 
            counterintelligence activities and the clandestine 
            collection of foreign intelligence inside the United States 
            shall be subject to the approval of the Attorney General; 
            and
         (D) All policies and procedures developed under this section 
            shall be coordinated with the heads of affected departments 
            and Intelligence Community elements;
    (21) Shall, with the concurrence of the heads of affected 
      departments and agencies, establish joint procedures to 
      deconflict, coordinate, and synchronize intelligence activities 
      conducted by an Intelligence Community element or funded by the 
      National Intelligence Program, with intelligence activities, 
      activities that involve foreign intelligence and security 
      services, or activities that involve the use of clandestine 
      methods, conducted by other United States Government departments, 
      agencies, and establishments;
    (22) Shall, in coordination with the heads of departments containing 
      elements of the Intelligence Community, develop procedures to 
      govern major system acquisitions funded in whole or in majority 
      part by the National Intelligence Program;
    (23) Shall seek advice from the Secretary of State to ensure that 
      the foreign policy implications of proposed intelligence 
      activities are considered, and shall ensure, through appropriate 
      policies and procedures, that intelligence activities are 
      conducted in a manner consistent with the responsibilities 
      pursuant to law and presidential direction of Chiefs of United 
      States Missions; and
    (24) Shall facilitate the use of Intelligence Community products by 
      the Congress in a secure manner.
    (c) The Director's exercise of authorities in the Act and this order 
shall not abrogate the statutory or other responsibilities of the heads 
of departments of the United States Government or the Director of the 
Central Intelligence Agency. Directives issued and actions taken by the 
Director in the exercise of the Director's authorities and 
responsibilities to integrate, coordinate, and make the Intelligence 
Community more effective in providing intelligence related to national 
security shall be implemented by the elements of the Intelligence 
Community, provided that any department head whose department contains 
an element of the Intelligence Community and who believes that a 
directive or

[[Page 1069]]

action of the Director violates the requirements of section 1018 of the 
IRTPA or this subsection shall bring the issue to the attention of the 
Director, the NSC, or the President for resolution in a manner that 
respects and does not abrogate the statutory responsibilities of the 
heads of the departments.
    (d) Appointments to certain positions.
    (1) The relevant department or bureau head shall provide 
      recommendations and obtain the concurrence of the Director for the 
      selection of: the Director of the National Security Agency, the 
      Director of the National Reconnaissance Office, the Director of 
      the National Geospatial-Intelligence Agency, the Under Secretary 
      of Homeland Security for Intelligence and Analysis, the Assistant 
      Secretary of State for Intelligence and Research, the Director of 
      the Office of Intelligence and Counterintelligence of the 
      Department of Energy, the Assistant Secretary for Intelligence and 
      Analysis of the Department of the Treasury, and the Executive 
      Assistant Director for the National Security Branch of the Federal 
      Bureau of Investigation. If the Director does not concur in the 
      recommendation, the department head may not fill the vacancy or 
      make the recommendation to the President, as the case may be. If 
      the department head and the Director do not reach an agreement on 
      the selection or recommendation, the Director and the department 
      head concerned may advise the President directly of the Director's 
      intention to withhold concurrence.
    (2) The relevant department head shall consult with the Director 
      before appointing an individual to fill a vacancy or recommending 
      to the President an individual be nominated to fill a vacancy in 
      any of the following positions: the Under Secretary of Defense for 
      Intelligence; the Director of the Defense Intelligence Agency; 
      uniformed heads of the intelligence elements of the Army, the 
      Navy, the Air Force, and the Marine Corps above the rank of Major 
      General or Rear Admiral; the Assistant Commandant of the Coast 
      Guard for Intelligence; and the Assistant Attorney General for 
      National Security.
    (e) Removal from certain positions.
    (1) Except for the Director of the Central Intelligence Agency, 
      whose removal the Director may recommend to the President, the 
      Director and the relevant department head shall consult on the 
      removal, or recommendation to the President for removal, as the 
      case may be, of: the Director of the National Security Agency, the 
      Director of the National Geospatial-Intelligence Agency, the 
      Director of the Defense Intelligence Agency, the Under Secretary 
      of Homeland Security for Intelligence and Analysis, the Assistant 
      Secretary of State for Intelligence and Research, and the 
      Assistant Secretary for Intelligence and Analysis of the 
      Department of the Treasury. If the Director and the department 
      head do not agree on removal, or recommendation for removal, 
      either may make a recommendation to the President for the removal 
      of the individual.
    (2) The Director and the relevant department or bureau head shall 
      consult on the removal of: the Executive Assistant Director for 
      the National Security Branch of the Federal Bureau of 
      Investigation, the Director of the Office of Intelligence and 
      Counterintelligence of the Department of Energy, the Director of 
      the National Reconnaissance Office, the Assistant Commandant of 
      the Coast Guard for Intelligence, and the Under Secretary of 
      Defense for Intelligence. With respect to an individual appointed 
      by a department head, the department head may remove the 
      individual upon the request of the Director; if the department 
      head chooses not to remove the individual, either the Director or 
      the department head may advise the President of the department 
      head's intention to retain the individual. In the case of the 
      Under Secretary of Defense for Intelligence, the Secretary of 
      Defense may recommend to the President either the removal or the 
      retention of the individual. For uniformed heads of the 
      intelligence elements of the Army, the

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      Navy, the Air Force, and the Marine Corps, the Director may make a 
      recommendation for removal to the Secretary of Defense.
    (3) Nothing in this subsection shall be construed to limit or 
      otherwise affect the authority of the President to nominate, 
      appoint, assign, or terminate the appointment or assignment of any 
      individual, with or without a consultation, recommendation, or 
      concurrence.
    1.4 The Intelligence Community. Consistent with applicable Federal 
law and with the other provisions of this order, and under the 
leadership of the Director, as specified in such law and this order, the 
Intelligence Community shall:
    (a) Collect and provide information needed by the President and, in 
the performance of executive functions, the Vice President, the NSC, the 
Homeland Security Council, the Chairman of the Joint Chiefs of Staff, 
senior military commanders, and other executive branch officials and, as 
appropriate, the Congress of the United States;
    (b) In accordance with priorities set by the President, collect 
information concerning, and conduct activities to protect against, 
international terrorism, proliferation of weapons of mass destruction, 
intelligence activities directed against the United States, 
international criminal drug activities, and other hostile activities 
directed against the United States by foreign powers, organizations, 
persons, and their agents;
    (c) Analyze, produce, and disseminate intelligence;
    (d) Conduct administrative, technical, and other support activities 
within the United States and abroad necessary for the performance of 
authorized activities, to include providing services of common concern 
for the Intelligence Community as designated by the Director in 
accordance with this order;
    (e) Conduct research, development, and procurement of technical 
systems and devices relating to authorized functions and missions or the 
provision of services of common concern for the Intelligence Community;
    (f) Protect the security of intelligence related activities, 
information, installations, property, and employees by appropriate 
means, including such investigations of applicants, employees, 
contractors, and other persons with similar associations with the 
Intelligence Community elements as are necessary;
    (g) Take into account State, local, and tribal governments' and, as 
appropriate, private sector entities' information needs relating to 
national and homeland security;
    (h) Deconflict, coordinate, and integrate all intelligence 
activities and other information gathering in accordance with section 
1.3(b)(20) of this order; and
    (i) Perform such other functions and duties related to intelligence 
      activities as the President may direct.
    1.5 Duties and Responsibilities of the Heads of Executive Branch 
Departments and Agencies. 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 
1.3(b)(18) of this

[[Page 1071]]

order to the greatest extent possible, in accordance with applicable 
policies established by the head of the responding department or agency;
    (f) Ensure that all elements within the department or agency comply 
with the provisions of Part 2 of this order, regardless of Intelligence 
Community affiliation, when performing foreign intelligence and 
counterintelligence functions;
    (g) Deconflict, coordinate, and integrate all intelligence 
activities in accordance with section 1.3(b)(20), and intelligence and 
other activities in accordance with section 1.3(b)(21) of this order;
    (h) Inform the Attorney General, either directly or through the 
Federal Bureau of Investigation, and the Director of clandestine 
collection of foreign intelligence and counterintelligence activities 
inside the United States not coordinated with the Federal Bureau of 
Investigation;
    (i) Pursuant to arrangements developed by the head of the department 
or agency and the Director of the Central Intelligence Agency and 
approved by the Director, inform the Director and the Director of the 
Central Intelligence Agency, either directly or through his designee 
serving outside the United States, as appropriate, of clandestine 
collection of foreign intelligence collected through human sources or 
through human-enabled means outside the United States that has not been 
coordinated with the Central Intelligence Agency; and
    (j) Inform the Secretary of Defense, either directly or through his 
designee, as appropriate, of clandestine collection of foreign 
intelligence outside the United States in a region of combat or 
contingency military operations designated by the Secretary of Defense, 
for purposes of this paragraph, after consultation with the Director of 
National Intelligence.
    1.6 Heads of Elements of the Intelligence Community. 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 1.3(b)(4) of this order;
    (g) Participate in the development of procedures approved by the 
Attorney General governing production and dissemination of information 
or intelligence resulting from criminal drug intelligence activities 
abroad if they have intelligence responsibilities for foreign or 
domestic criminal drug production and trafficking; and
    (h) Ensure that the inspectors general, general counsels, and agency 
officials responsible for privacy or civil liberties protection for 
their respective organizations have access to any information or 
intelligence necessary to perform their official duties.
    1.7 Intelligence Community Elements. Each element of the 
Intelligence Community shall have the duties and responsibilities

[[Page 1072]]

specified below, in addition to those specified by law or elsewhere in 
this order. Intelligence Community elements within executive departments 
shall serve the information and intelligence needs of their respective 
heads of departments and also shall operate as part of an integrated 
Intelligence Community, as provided in law or this order.
    (a) THE CENTRAL INTELLIGENCE AGENCY. The Director of the Central 
Intelligence Agency shall:
    (1) Collect (including through clandestine means), analyze, produce, 
      and disseminate foreign intelligence and counterintelligence;
    (2) Conduct counterintelligence activities without assuming or 
      performing any internal security functions within the United 
      States;
    (3) Conduct administrative and technical support activities within 
      and outside the United States as necessary for cover and 
      proprietary arrangements;
    (4) Conduct covert action activities approved by the President. No 
      agency except the Central Intelligence Agency (or the Armed Forces 
      of the United States in time of war declared by the Congress or 
      during any period covered by a report from the President to the 
      Congress consistent with the War Powers Resolution, Public Law 93 
      148) may conduct any covert action activity unless the President 
      determines that another agency is more likely to achieve a 
      particular objective;
    (5) Conduct foreign intelligence liaison relationships with 
      intelligence or security services of foreign governments or 
      international organizations consistent with section 1.3(b)(4) of 
      this order;
    (6) Under the direction and guidance of the Director, and in 
      accordance with section 1.3(b)(4) of this order, coordinate the 
      implementation of intelligence and counterintelligence 
      relationships between elements of the Intelligence Community and 
      the intelligence or security services of foreign governments or 
      international organizations; and
    (7) Perform such other functions and duties related to intelligence 
      as the Director may direct.
    (b) THE DEFENSE INTELLIGENCE AGENCY. 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 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order;
    (6) Manage and coordinate all matters related to the Defense Attache 
      system; and
    (7) Provide foreign intelligence and counterintelligence staff 
      support as directed by the Secretary of Defense.
    (c) THE NATIONAL SECURITY AGENCY. The Director of the National 
Security Agency shall:
    (1) Collect (including through clandestine means), process, analyze, 
      produce, and disseminate signals intelligence information and data 
      for foreign intelligence and counterintelligence purposes to 
      support national and departmental missions;
    (2) Establish and operate an effective unified organization for 
      signals intelligence activities, except for the delegation of 
      operational control over certain operations that are conducted 
      through other elements of the Intelligence Community. No other 
      department or agency may engage in signals intelligence activities 
      except pursuant to a delegation by

[[Page 1073]]

      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 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this order.
    (d) THE NATIONAL RECONNAISSANCE OFFICE. 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 1.3(b)(4), 1.7(a)(6), and 
      1.10(i) of this order.
    (e) THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY. The Director of the 
National Geospatial-Intelligence Agency shall:
    (1) Collect, process, analyze, produce, and disseminate geospatial 
      intelligence information and data for foreign intelligence and 
      counterintelligence purposes to support national and departmental 
      missions;
    (2) Provide geospatial intelligence support for national and 
      departmental requirements and for the conduct of military 
      operations;
    (3) Conduct administrative and technical support activities within 
      and outside the United States as necessary for cover arrangements; 
      and
    (4) Conduct foreign geospatial intelligence liaison relationships, 
      in accordance with sections 1.3(b)(4), 1.7(a)(6), and 1.10(i) of 
      this order.
    (f) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF THE ARMY, 
NAVY, AIR FORCE, AND MARINE CORPS. 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 1.3(b)(4), 1.7(a)(6), and 1.10(i) of this 
      order.
    (g) INTELLIGENCE ELEMENTS OF THE FEDERAL BUREAU OF INVESTIGATION. 
Under the supervision of the

[[Page 1074]]

Attorney General and pursuant to such regulations as the Attorney 
General may establish, the intelligence elements of the Federal Bureau 
of Investigation shall:
    (1) Collect (including through clandestine means), analyze, produce, 
      and disseminate foreign intelligence and counterintelligence to 
      support national and departmental missions, in accordance with 
      procedural guidelines approved by the Attorney General, after 
      consultation with the Director;
    (2) Conduct counterintelligence activities; and
    (3) Conduct foreign intelligence and counterintelligence liaison 
      relationships with intelligence, security, and law enforcement 
      services of foreign governments or international organizations in 
      accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order.
    (h) THE INTELLIGENCE AND COUNTERINTELLIGENCE ELEMENTS OF THE COAST 
GUARD. The Commandant of the Coast Guard shall:
    (1) Collect (including through clandestine means), analyze, produce, 
      and disseminate foreign intelligence and counterintelligence 
      including defense and defense related information and intelligence 
      to support national and departmental missions;
    (2) Conduct counterintelligence activities;
    (3) Monitor the development, procurement, and management of tactical 
      intelligence systems and equipment and conduct related research, 
      development, and test and evaluation activities; and
    (4) Conduct foreign intelligence liaison relationships and 
      intelligence exchange programs with foreign intelligence services, 
      security services or international organizations in accordance 
      with sections 1.3(b)(4), 1.7(a)(6), and, when operating as part of 
      the Department of Defense, 1.10(i) of this order.
    (i) THE BUREAU OF INTELLIGENCE AND RESEARCH, DEPARTMENT OF STATE; 
THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF THE TREASURY; THE 
OFFICE OF NATIONAL SECURITY INTELLIGENCE, DRUG ENFORCEMENT 
ADMINISTRATION; THE OFFICE OF INTELLIGENCE AND ANALYSIS, DEPARTMENT OF 
HOMELAND SECURITY; AND THE OFFICE OF INTELLIGENCE AND 
COUNTERINTELLIGENCE, DEPARTMENT OF ENERGY. The heads of the Bureau of 
Intelligence and Research, Department of State; the Office of 
Intelligence and Analysis, Department of the Treasury; the Office of 
National Security Intelligence, Drug Enforcement Administration; the 
Office of Intelligence and Analysis, Department of Homeland Security; 
and the Office of Intelligence and Counterintelligence, Department of 
Energy shall:
    (1) Collect (overtly or through publicly available sources), 
      analyze, produce, and disseminate information, intelligence, and 
      counterintelligence to support national and departmental missions; 
      and
    (2) Conduct and participate in analytic or information exchanges 
      with foreign partners and international organizations in 
      accordance with sections 1.3(b)(4) and 1.7(a)(6) of this order.
    (j) THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. 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.
    1.8 The Department of State. In addition to the authorities 
exercised by the Bureau of Intelligence and Research under sections 1.4 
and 1.7(i) of this order, the Secretary of State shall:
    (a) Collect (overtly or through publicly available sources) 
information relevant to United States foreign policy and national 
security concerns;
    (b) Disseminate, to the maximum extent possible, reports received 
from United States diplomatic and consular posts;
    (c) Transmit reporting requirements and advisory taskings of the 
Intelligence Community to the Chiefs of United States Missions abroad; 
and

[[Page 1075]]

    (d) Support Chiefs of United States Missions in discharging their 
responsibilities pursuant to law and presidential direction.
    1.9 The Department of the Treasury. In addition to the authorities 
exercised by the Office of Intelligence and Analysis of the Department 
of the Treasury under sections 1.4 and 1.7(i) of this order the 
Secretary of the Treasury shall collect (overtly or through publicly 
available sources) foreign financial information and, in consultation 
with the Department of State, foreign economic information.
    1.10 The Department of Defense. The Secretary of Defense shall:
    (a) Collect (including through clandestine means), analyze, produce, 
and disseminate information and intelligence and be responsive to 
collection tasking and advisory tasking by the Director;
    (b) Collect (including through clandestine means), analyze, produce, 
and disseminate defense and defense related intelligence and 
counterintelligence, as required for execution of the Secretary's 
responsibilities;
    (c) Conduct programs and missions necessary to fulfill national, 
departmental, and tactical intelligence requirements;
    (d) Conduct counterintelligence activities in support of Department 
of Defense components and coordinate counterintelligence activities in 
accordance with section 1.3(b)(20) and (21) of this order;
    (e) Act, in coordination with the Director, as the executive agent 
of the United States Government for signals intelligence activities;
    (f) Provide for the timely transmission of critical intelligence, as 
defined by the Director, 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, information, property, 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 defense intelligence relationships and 
defense intelligence exchange programs with selected cooperative foreign 
defense establishments, intelligence or security services of foreign 
governments, and international organizations, and ensure that such 
relationships and programs are in accordance with sections 1.3(b)(4), 
1.3(b)(21) and 1.7(a)(6) of this order;
    (j) Conduct such administrative and technical support activities 
within and outside the United States as are necessary to provide for 
cover and proprietary arrangements, to perform the functions described 
in sections (a) though (i) above, and to support the Intelligence 
Community elements of the Department of Defense; and
    (k) Use the Intelligence Community elements within the Department of 
Defense identified in section 1.7(b) through (f) and, when the Coast 
Guard is operating as part of the Department of Defense, (h) above to 
carry out the Secretary of Defense's responsibilities assigned in this 
section or other departments, agencies, or offices within the Department 
of Defense, as appropriate, to conduct the intelligence missions and 
responsibilities assigned to the Secretary of Defense.
    1.11 The Department of Homeland Security. In addition to the 
authorities exercised by the Office of Intelligence and Analysis of the 
Department of Homeland Security under sections 1.4 and 1.7(i) of this 
order, the Secretary of Homeland Security shall 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 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.
    1.12 The Department of Energy. In addition to the authorities 
exercised by the Office of Intelligence and Counterintelligence of the 
Department of Energy under sections 1.4

[[Page 1076]]

and 1.7(i) of this order, the Secretary of Energy shall:
    (a) Provide expert scientific, technical, analytic, and research 
capabilities to other agencies within the Intelligence Community, as 
appropriate;
    (b) Participate in formulating intelligence collection and analysis 
requirements where the special expert capability of the Department can 
contribute; and
    (c) Participate with the Department of State in overtly collecting 
information with respect to foreign energy matters.
    1.13 The Federal Bureau of Investigation. In addition to the 
authorities exercised by the intelligence elements of the Federal Bureau 
of Investigation of the Department of Justice under sections 1.4 and 
1.7(g) of this order and under the supervision of the Attorney General 
and pursuant to such regulations as the Attorney General may establish, 
the Director of the Federal Bureau of Investigation shall provide 
technical assistance, within or outside the United States, to foreign 
intelligence and law enforcement services, consistent with section 
1.3(b)(20) and (21) of this order, as may be necessary to support 
national or departmental missions.
    Sec. 3. Part 2 of Executive Order 12333, as amended, is further 
amended by:
    (a) In section 2.1, striking the first sentence and inserting in 
lieu thereof: ``Timely, accurate, and insightful information about the 
activities, capabilities, plans, and intentions of foreign powers, 
organizations, and persons, and their agents, is essential to informed 
decisionmaking in the areas of national security, national defense, and 
foreign relations.``;
    (b) In section 2.1, inserting a comma after ``innovative'';
    (c) In section 2.2, inserting ``, the spread of weapons of mass 
destruction,`` after ``international terrorist activities'' in the first 
sentence;
    (d) In the first sentence of section 2.3, striking ``Agencies within 
the'' and inserting in lieu thereof ``Elements of the'', inserting a 
comma after ``retain'', striking ``agency'' and inserting in lieu 
thereof ``Intelligence Community element'', and inserting ``or by the 
head of a department containing such element'' after ``concerned'';
    (e) In section 2.3, inserting ``, after consultation with the 
Director'' preceding the period at the end of the first sentence;
    (f) In section 2.3, inserting a comma after ``retention'' in the 
second sentence;
    (g) In section 2.3(b), striking ``FBI'' and inserting in lieu 
thereof ``Federal Bureau of Investigation (FBI)'';
     (h) In section 2.3(b), striking ``agencies'' and inserting in lieu 
thereof ``elements'' each time it appears;
    (i) In section 2.3(c), striking ``narcotics'' and inserting in lieu 
thereof ``drug,'';
    (j) In section 2.3(d), inserting a comma after ``victims'';
    (k) In section 2.3(e), striking ``sources or methods'' and inserting 
in lieu thereof ``sources, methods, and activities'';
    (l) In section 2.3(e), striking ``agencies'' and inserting in lieu 
thereof ``elements'' and striking ``agency'' and inserting in lieu 
thereof ``element'';
    (m) In section 2.3(g), inserting a comma after ``physical'';
    (n) In section 2.3(h), striking ``and'';
    (o) In section 2.3(i), striking ``federal'' and inserting in lieu 
thereof ``Federal'' and inserting a comma after ``local'';
    (p) In the last sentence of section 2.3, striking ``agencies 
within'' and inserting in lieu thereof ``elements of'', striking ``, 
other than information derived from signals intelligence,'', striking 
``agency'' and inserting in lieu thereof ``element'' in both instances 
and inserting immediately before the period: ``, 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'';
    (q) In the first three sentences of section 2.4, striking ``Agencies 
within'' and inserting in lieu thereof ``Elements of''; striking 
``Agencies'' and inserting in lieu thereof ``Elements of the 
Intelligence Community''; and striking ``agency'' and inserting in lieu 
thereof ``Intelligence Community element concerned or the head of a 
department containing such element'';

[[Page 1077]]

    (r) In the second sentence of section 2.4, inserting ``, after 
consultation with the Director`` after ``Attorney General'';
    (s) In section 2.4(a), striking ``CIA'' and inserting in lieu 
thereof ``Central Intelligence Agency (CIA)'';
    (t) In section 2.4(b) and (c), striking ``agencies'' and inserting 
in lieu thereof ``elements of the Intelligence Community''.
    (u) In section 2.4(b)(2), striking the period and inserting in lieu 
thereof a semicolon;
    (v) In section 2.4(c)(1), striking ``agency'' and inserting in lieu 
thereof ``element'';
    (w) In section 2.4(c)(2), striking the period and inserting in lieu 
thereof ``; and'';
    (x) In section 2.4(d) striking ``than'' and inserting in lieu 
thereof ``that'';
    (y) In section 2.5, striking the final sentence and inserting in 
lieu thereof ``The authority delegated pursuant to this paragraph, 
including the authority to approve the use of electronic surveillance as 
defined in the Foreign Intelligence Surveillance Act of 1978, as 
amended, shall be exercised in accordance with that Act.'';
    (z) In section 2.6, inserting ``and other Civil'' before 
``Authorities'' in the caption and striking ``Agencies within'' and 
inserting in lieu thereof ``Elements of'';
    (aa) In section 2.6(a), inserting a comma after ``property'' and 
striking ``agency'' and inserting in lieu thereof ``element'';
    (bb) In section 2.6(c), striking ``General Counsel'' and inserting 
in lieu thereof ``general counsel'', and striking ``agency'' and 
inserting in lieu thereof ``element or department'' in the second 
sentence;
    (cc) In section 2.6(d), inserting ``or other civil'' before 
``authorities'';
    (dd) In section 2.7, striking ``Agencies within'' and inserting in 
lieu thereof ``Elements of'';
    (ee) In section 2.9, striking ``agencies within'' and inserting in 
lieu thereof ``elements of'', and striking ``agency within'' and 
inserting in lieu thereof ``element of'' the first time it appears and 
``Intelligence Community element'' the second and third times it 
appears;
    (ff) In section 2.9, striking ``his'' and inserting in lieu thereof 
``such person's'';
    (gg) In section 2.9, inserting ``or the head of a department 
containing such element'' before ``and approved by the Attorney 
General``, and inserting ??, after consultation with the Director'' 
after ``the Attorney General'';
    (hh) In section 2.10, striking ``agency within'' and inserting in 
lieu thereof ``element of'', and inserting a comma after ``contract 
for'';
    (ii) In section 2.12, striking ``agency'' and inserting in lieu 
thereof ``element''; and
    (jj) At the end of Part 2, inserting a new section 2.13 as follows: 
``2.13 Limitation on Covert Action. No covert action may be conducted 
which is intended to influence United States political processes, public 
opinion, policies, or media.''.
    Sec. 4. Part 3 of Executive Order 12333, as amended, is further 
amended by:
    (a) In section 3.1, striking ``of Central Intelligence''; inserting 
``elements,'' after ``agencies,''; and striking ``special'' and 
inserting in lieu thereof ``covert action'';
    (b) Striking section 3.2 and inserting in lieu thereof: ``3.2 
Implementation. The President, supported by the NSC, and the Director 
shall issue such appropriate directives, procedures, and guidance as are 
necessary to implement this order. Heads of elements within the 
Intelligence Community shall issue appropriate procedures and 
supplementary directives consistent with this order. No procedures to 
implement Part 2 of this order shall be issued without the Attorney 
General's approval, after consultation with the Director. The Attorney 
General shall provide a statement of reasons for not approving any 
procedures established by the head of an element in the Intelligence 
Community (or the head of the department containing such element) other 
than the FBI. In instances where the element head or department head and 
the Attorney General are unable to reach agreements on other than 
constitutional or other legal grounds, the Attorney General, the head of 
department concerned, or the Director shall refer the matter to the 
NSC.'';
    (c) Striking section 3.3 and inserting in lieu thereof: `` 3.3 
Procedures. The activities herein authorized that require procedures 
shall be conducted in accordance with existing procedures or 
requirements established under Executive Order 12333. New procedures, as 
required by Executive Order 12333, as further amended, shall be 
established as expeditiously as possible. All new procedures

[[Page 1078]]

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.'';
    (d) Inserting after section 3.3 the following new section: `` 3.4 
References and Transition. References to ``Senior Officials of the 
Intelligence Community'' or ``SOICs'' in executive orders or other 
Presidential guidance, shall be deemed references to the heads of 
elements in the Intelligence Community, unless the President otherwise 
directs; references in Intelligence Community or Intelligence Community 
element policies or guidance, shall be deemed to be references to the 
heads of elements of the Intelligence Community, unless the President or 
the Director otherwise directs.'';
    (e) Striking ``3.4 Definitions?? and inserting in lieu thereof ``3.5 
Definitions'';
    (f) Amending the definition of `` Counterintelligence?? in section 
3.5(a), as renumbered, by inserting ``identify, deceive, exploit, 
disrupt, or'' before ``protect against espionage'', inserting ``or their 
agents,'' after ``persons,'', inserting ``organizations or activities'' 
after terrorist, and striking ``activities, but not including personnel, 
physical, document or communications security programs'';
    (g) Striking section 3.5(b) (h), as renumbered, and inserting in 
lieu thereof:
    ``(b) Covert action means an activity or activities of the United 
      States Government to influence political, economic, or military 
      conditions abroad, where it is intended that the role of the 
      United States Government will not be apparent or acknowledged 
      publicly, but does not include:
         (1) Activities the primary purpose of which is to acquire 
            intelligence, traditional counterintelligence activities, 
            traditional activities to improve or maintain the 
            operational security of United States Government programs, 
            or administrative activities;
          (2) Traditional diplomatic or military activities or routine 
            support to such activities;
          (3) Traditional law enforcement activities conducted by United 
            States Government law enforcement agencies or routine 
            support to such activities; or
         (4) Activities to provide routine support to the overt 
            activities (other than activities described in paragraph 
            (1), (2), or (3)) of other United States Government agencies 
            abroad.
    (c) 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.
    (d) Employee means a person employed by, assigned or detailed to, or 
      acting for an element within the Intelligence Community.
    (e) Foreign intelligence means information relating to the 
      capabilities, intentions, or activities of foreign governments or 
      elements thereof, foreign organizations, foreign persons, or 
      international terrorists.
    (f) Intelligence includes foreign intelligence and 
      counterintelligence.
    (g) Intelligence activities means all activities that elements of 
      the Intelligence Community are authorized to conduct pursuant to 
      this order.
    (h) Intelligence Community and elements of the Intelligence 
      Community refers to:
         (1) The Office of the Director of National Intelligence;
         (2) The Central Intelligence Agency;
         (3) The National Security Agency;
         (4) The Defense Intelligence Agency;
         (5) The National Geospatial-Intelligence Agency;
         (6) The National Reconnaissance Office;
         (7) The other offices within the Department of Defense for the 
            collection of specialized national foreign intelligence 
            through reconnaissance programs;
         (8) The intelligence and counterintelligence elements of the 
            Army, the

[[Page 1079]]

            Navy, the Air Force, and the Marine Corps;
         (9) The intelligence elements of the Federal Bureau of 
            Investigation;
         (10) The Office of National Security Intelligence of the Drug 
            Enforcement Administration;
         (11) The Office of Intelligence and Counterintelligence of the 
            Department of Energy;
         (12) The Bureau of Intelligence and Research of the Department 
            of State;
         (13) The Office of Intelligence and Analysis of the Department 
            of the Treasury;
         (14) The Office of Intelligence and Analysis of the Department 
            of Homeland Security;
         (15) The intelligence and counterintelligence elements of the 
            Coast Guard; and
         (16) Such other elements of any department or agency as may be 
            designated by the President, or designated jointly by the 
            Director and the head of the department or agency concerned, 
            as an element of the Intelligence Community.
    (i) National Intelligence and Intelligence Related to National 
      Security means all intelligence, regardless of the source from 
      which derived and including information gathered within or outside 
      the United States, that pertains, as determined consistent with 
      any guidance issued by the President, or that is determined for 
      the purpose of access to information by the Director in accordance 
      with section 1.3(a)(1) of this order, to pertain to more than one 
      United States Government agency; and that involves threats to the 
      United States, its people, property, or interests; the 
      development, proliferation, or use of weapons of mass destruction; 
      or any other matter bearing on United States national or homeland 
      security.
    (j) The National Intelligence Program means all programs, projects, 
      and activities of the Intelligence Community, as well as any other 
      programs of the Intelligence Community designated jointly by the 
      Director and the head of a United States department or agency or 
      by the President. 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.''.
    (h) Redesignating the definition of `` United States Person?? as 
section 3.5(k) and therein striking ``agency'' and inserting in lieu 
thereof ``element'';
    (i) Striking section 3.5;
    (j) In section 3.6, striking ``Order No. 12036 of January 24, 1978, 
as amended, entitled ``United States Intelligence Activities,'' is'' and 
inserting in lieu thereof ``Orders 13354 and 13355 of August 27, 2004, 
are'', and inserting before the period ``; and paragraphs 1.3(b)(9) and 
(10) of Part 1 supersede provisions within Executive Order 12958, as 
amended, to the extent such provisions in Executive Order 12958, as 
amended, are inconsistent with this Order''; and
    (k) Inserting the following new section 3.7 to read as follows:
    ``3.7 General Provisions.
    (a) Consistent with section 1.3(c) of this order, nothing in this 
order shall be construed to impair or otherwise affect:
    (1) Authority granted by law to a department or agency, or the head 
      thereof; or
    (2) Functions of the Director of the Office of Management and Budget 
      relating to budget, administrative, or legislative proposals.
    (b) This order shall be implemented consistent with applicable law 
and subject to the availability of appropriations.
    (c) This order is intended only to improve the internal management 
of the executive branch and is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable at law or in 
equity, by any party against the United States, its departments, 
agencies or entities, its officers, employees, or agents, or any other 
person.''.
    Sec. 5. This order is not intended to, and does not, create any 
right or benefit, substantive or procedural, enforceable by any party at 
law or in equity against the United States, its departments, agencies, 
or entities,

[[Page 1080]]

its officers, employees, or agents, or any other person.
                                                George W. Bush
 The White House,
 July 30, 2008.

 [Filed with the Office of the Federal Register, 8:45 a.m., August 1, 
2008]

Note: This Executive order was released by the Office of the Press 
Secretary on July 31, and it was published in the Federal Register on 
August 4.