Further Amendments to Executive Order 12333, 
                United States Intelligence Activities

                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

(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

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                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:

(1) Shall establish objectives, priorities, and guidance for the 
Intelligence Community to ensure timely and effective collection, 
processing, analysis,

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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 thehead of the originating Intelligence Community element 
or the head of the originating department, declassify, or direct the 
declassification of, information or intelligence relating to intelligence

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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);

(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

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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 action of the Director violates the 
                requirements of section 1018 of the IRTPA or this 
                subsection shall bring the issue to the attention

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                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 Navy, the Air Force, and the Marine Corps, the 
Director may make a recommendation for removal to the Secretary of Defense.

[[Page 45331]]

(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;

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                (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 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 I