Executive Order 12333United States Intelligence Activities

Briefing for Congressional Oversight Committees

July 2008

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EO 12333: Background

• 1981 Presidential Order defined goals, directions, duties, and responsibilities with regard to U.S. intelligence effortsPart 1 – Established strategic goals for intelligence, defined

roles and responsibilities for DNI, Department heads, and Intelligence Community elements

Part 2 - Privacy and civil liberties protectionsPart 3 – Definitions

• Modifications in 2003, 2004

EO 12333 Revision: Why Now?

• Align with 2004 Intelligence Reform legislation – Respond to direction that the President issue guidelines to

ensure the DNI effectively executes responsibilities

• Further respond to the 9/11 and WMD Commission recommendations

• Take advantage of lessons learned from 3 years implementing intelligence reform, and unique IC experience of current agency and department heads

• Establish an effective and durable framework for intelligence activities

Executive Order 12333 Revision Objectives

• Align EO12333 with the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA)

• Implement additional recommendations of the 9/11 and WMD Commissions

• Clarify and strengthen the role of the DNI as head of the Intelligence Community

• Maintain or strengthen privacy and civil liberties protections

EO 12333 RevisionMajor Structural Changes

1. Access to “National Intelligence” New definition of “National Intelligence” in IRTPA DNI given authority to determine if information “pertains

to more than one agency” in accordance w/ definition DNI will develop Attorney General-approved guidelines

for access to information held in other US Government Agencies

2. Selection & Removal of IC Element Heads DNI concurrence or consultation role DNI role will not interfere with DoD chain of command DNI consultation role for USD(I)

EO 12333 RevisionMajor Structural Changes

3. IRTPA Section 1018 Community implements DNI directives Procedures for Department heads to raise concerns if they see

abrogation

4. Ensure Coordination of IC Intelligence Activities Gives DNI the responsibility to issue overarching policies and

procedures to ensure coordination of intelligence activities Establish coordination thresholds; define types of activities to be

coordinated; etc. Specific roles for FBI, CIA; DNI may assign additional roles

5. Acquisition: DNI, in coordination with Department Head, shall develop

procedures to govern acquisitions if majority funded by National Intelligence Program (NIP)

EO 12333 RevisionMajor Structural Changes

6. Foreign Intelligence Relationships DNI formulates IC policy for engagement with foreign

intelligence and security services, and aligns efforts across the IC to achieve national security and intelligence objectives

• CIA coordinates implementation

7. Functional Managers Set training and tradecraft standards Advise on resources, policies, collection gaps, etc. Designated for SIGINT, HUMINT, GEOINT DNI may designate others

EO 12333 RevisionMajor Structural Changes

8. Civil Liberties and Privacy Protection Revised EO retains the civil liberties and privacy

protections No change to restrictions on human experimentation,

or the ban on assassinations