The primary executive orders (presidentially mandated) affecting the conduct and organization of the CIA and other members of the U.S. INTELLIGENCE COMMUNITYare Executive Orders 9621, 11828, 11905, 12036, 12333, 12958, and 12968.
EXECUTIVE ORDER 9621
Signed by President Harry Truman on September 20, 1945, EO 9621 officially terminated the OFFICE OF STRATEGIC SERVICES(OSS) and transferred its operational functions to the War Department. OSS research and analysis units were transferred to the State Department and designated the INTERIM RESEARCH AND INTELLIGENCE SERVICE.
The order is broken down into six “paragraphs,” which address: (1) the transfer and consolidation of OSS research and analysis functions to the Department of State, (2) the pending abolition of the Interim Research and Intelligence Service, (3) the transfer of all other OSS functions to the Department of War, and the abolition of the OSS, (4) The authority of the director of the Bureau of the Budget in this matter, (5) prior presidential orders in conflict with the order, which were to be amended, and (6) the effective date of the order (October 1, 1945).
EXECUTIVE ORDER 11828
Signed by President Gerald Ford on January 4, 1975, EO 11828 created the “Commission on CIA Activities within the United States,” also known as the ROCKEFELLER COMMISSION.
The order’s summary paragraph reads: “The CENTRAL INTELLIGENCE AGENCY as created by the NATIONAL SECURITY ACT OF 1947 fulfills intelligence functions vital to the security of our nation, and many of its activi- ties must necessarily be carried out in secrecy. Such activities are nevertheless subject to statutory limita- tions. I have determined that in order to insure scrupu- lous compliance with these statutory limitations, while fully recognizing the statutory missions of the Agency, it
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is advisable to establish a commission on CIA activities within the United States.”
The order is broken down into six “sections,” which address: (1) establishment of the commission, (2) func- tions of the commission, (3) cooperation by and with executive departments and agencies, (4) compensation, personnel, and finance, (5) administrative services, and (6) report and termination.
EXECUTIVE ORDER 11905
Signed by President Gerald Ford on February 18, 1976, EO 11905 established policies to improve the quality of American intelligence as it related to national security. Drafted in the wake of the 1975 congressional inquiries (Church and Pike Committees) into alleged CIA mis- deeds, EO 11905 clarified the authority and responsibili- ties of the various members of the intelligence community. It also established oversight guidelines to ensure that intelligence agencies complied with the law.
Section 1 of the order addressed the purpose of the order. Section 2 of the order addressed definitions. Section 3 (control and direction of intelligence organizations) is broken down into four subsections for (3-a) the National Security Council, (3-b) the Committee on Foreign Intelli- gence, (3-c) the Operations Advisory Group, and (3-d) the Director of Central Intelligence. Section 4 (responsibilities and duties of the U.S. intelligence community) has seven subsections: (4-a) the senior official of each organization of the community, (4-b) the Central Intelligence Agency, (4-c) the Department of State, (4-d) the Department of the Treasury, (4-e) the Department of Defense, (4-f) the Energy Research and Development Administration, and (4-g) the Federal Bureau of Investigation.
Section 5 (restrictions on intelligence activities) is broken down into eight subsections, which address (5-a) definitions, (5-b) restrictions on collection, (5-c) dissemi- nation and storage, (5-d) restrictions on experimentation, (5-e) assistance to law enforcement authorities, (5-f) assignment of personnel, (5-g) prohibition of assassina- tion, and (5-h) implementation. Section 6 addresses over- sight of intelligence organizations. Section 7 discusses secrecy protection. Section 8 provides enabling data.
EXECUTIVE ORDER 12036
Signed by President Jimmy Carter on January 24, 1978, EO 12036 reshaped the American intelligence structure and provided explicit guidance on organization and control of all foreign intelligence activities by the United States.
EO 12036 is most often referred to as the order that effectively banned assassinations by, or sponsored by, the Agency. This prohibition is found in Section 2 (2.305), “Prohibition on Assassination,” which reads: “No person employed by or acting on behalf of the United States
government shall engage in, or conspire to engage in, assassination.”
The order also addresses a number of other topics, including physical searches, mail surveillance, and partic- ipation in “special activities.”
Section 1 (goals, direction, duties, and responsibilities with respect to the national intelligence effort) is broken down into 15 “subsections”: (1.1) the NATIONAL SECU- RITY COUNCIL, (1.2) the NSC Policy Review Committee, (1.3) the NSC Special Coordination Committee, (1.4) the National Foreign Intelligence Board, (1.5) the National Intelligence Tasking Center, (1.6) the DIRECTOR OF CEN- TRAL INTELLIGENCE, (1.7) senior officials of the intelli- gence community, (1.8) the CENTRAL INTELLIGENCE AGENCY, (1.9) the DEPARTMENT OF STATE, (1.10) the Department of the Treasury, (1.11) the DEPARTMENT OF DEFENSE, (1.12) intelligence components utilized by the secretary of defense, (1.13) the DEPARTMENT OF ENERGY, (1.14) the FEDERAL BUREAU OF INVESTIGATION, and (1.15) the Drug Enforcement Administration.
Section 2 (restrictions on intelligence activities) of the order has 21 “subsections,” which address (2.1) adherence to law, (2.2) restrictions on certain collection techniques, (2.201) general provisions, (2.202) electronic surveillance, (2.203) television cameras and other monitoring, (2.204) physical searches, (2.205) mail surveillance, (2.206) physi- cal surveillance, (2.207) undisclosed participation in domestic organizations, (2.208) collection of non–publicly available information, (2.3) additional restrictions and limi- tations, (2.301) tax information, (2.302) restrictions on experimentation, (2.303) restrictions on contracting, (2.304) restrictions on personnel assigned to other agen- cies, (2.305) prohibitions on assassination, (2.306) restrictions on special activities, (2.307) restrictions on indirect participation in prohibited activities, (2.308) restrictions on assistance to law enforcement authorities, (2.309) permissible assistance to law enforcement author- ities, and (2.310) permissible dissemination and storage of information.
Section 3 (oversight of intelligence organizations) is broken down into four “subsections” for (3.1) the INTEL- LIGENCE OVERSIGHT BOARD, (3.2) inspectors general and general counsel, (3.3) the attorney general, and (3.4) con- gressional intelligence committees.
Section 4 (general provisions) has two “subsections” which address (4.1) implementation and (4.2) definitions. EO 12306 superseded Executive Orders 11905, 11985, and 11994, all of which addressed “United States Foreign Intelligence Activities.”
EXECUTIVE ORDER 12333
Signed by President Ronald Reagan on December 4, 1981, EO 12333 clarified the ambiguities of previous orders and set clear goals for the American intelligence community
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in accordance with law and with due regard for the rights of Americans.
The order designates the Director of Central Intelli- gence as “the primary intelligence adviser” to the presi- dent and National Security Council on all foreign intelligence activities. In this capacity, the DCI is respon- sible for implementing special or covert actions activities, serving as a liaison to the nation’s foreign intelligence and counterintelligence components, and protecting the com- munity’s sources, methods, and analytical procedures. The order also grants the DCI “full responsibility for the production and dissemination of national foreign intelli- gence.” This responsibility also includes the authority to task non-CIA intelligence organizations. Like previous orders, EO 12333 prohibits assassinations.
A portion of the order’s summary reads: “Timely and accurate information about the activities, capabilities, plans, and intentions of foreign powers, organizations, and persons, and their agents, is essential to the national security of the United States. All reasonable and lawful means must be used to ensure that the United States will receive the best intelligence available. For that purpose, by virtue of the authority vested in me by the Constitu- tion and statutes of the United States of America, includ- ing the NATIONAL SECURITY ACT OF 1947, as amended, and as President of the United States of America, in order to provide for the effective conduct of United States intel- ligence activities and the protection of constitutional rights, it is hereby ordered.”
Part 1 (goals, direction, duties, and responsibilities with respect to the national intelligence effort) is broken down into 14 “sections,” which address: (1.1) goals, (1.2) the National Security Council, (1.3) national foreign intelligence advisory groups, (1.4) the intelligence com- munity, (1.5) DIRECTOR OF CENTRAL INTELLIGENCE, (1.6) duties and responsibilities of the heads of executive branch departments and agencies, (1.7) senior officials of the intelligence community, (1.8) the Central Intelligence Agency, (1.9) the Department of State, (1.10) the Depart- ment of the Treasury, (1.11) the Department of Defense, (1.12) intelligence components utilized by the secretary of defense, (1.13) the Department of Energy, and (1.14) the Federal Bureau of Investigation.
Part 2 (conduct of intelligence activities) of the order is broken down into 12 “sections”: (2.1) need, (2.2) pur- pose, (2.3) collection of information, (2.4) collection techniques, (2.5) attorney general approval, (2.6) assis- tance to law enforcement authorities, (2.7) contracting, (2.8) consistency with other laws, (2.9) undisclosed par- ticipation in organizations within the United States, (2.10) human experimentation, (2.11) prohibition on assassination, and (2.12) indirect participation.
Part 3 (general provisions) has six “sections,” which address: (3.1) congressional oversight, (3.2) implementa-
tion, (3.3) procedures, (3.4) definitions, (3.5) purpose and effect, and (3.6) revocation.
EXECUTIVE ORDER 12958
Signed by President Bill Clinton on April 17, 1995, EO 12958 outlines a system for classifying, declassifying, and safeguarding information deemed vital to the national security interests of the United States. This EO was designed to prevent “overclassification” of CIA docu- ments, by upgrading standards for federal classifiers. Offi- cially, the Agency contends that EO 12958 serves the public by promoting “openness” by encouraging declassi- fication of intelligence records and other documents, espe- cially those which may be of “permanent historical value.” A portion of the order’s summary reads: “Our demo- cratic principles require that the American people be informed of the activities of their Government. Also, our Nation’s progress depends on the free flow of information. Nevertheless, throughout our history, the national inter- est has required that certain information be maintained in confidence in order to protect our citizens, our democra- tic institutions, and our participation within the commu- nity of nations. Protecting information critical to our nation’s security remains a priority. In recent years, how- ever, dramatic changes have altered, although not elimi- nated, the national security threats that we confront. These changes provide a greater opportunity to empha- size our commitment to open Government.”
Part 1 (original classification) is broken down into nine “sections,” which address: (1.1) definitions within the order, (1.2) classification standards, (1.3) CLASSIFICATION levels, (1.4) classification authority, (1.5) classification cat- egories, (1.6) duration of classifications, (1.7) identifica- tion and markings on the face of classified documents, (1.8) classification prohibitions and limitations, and (1.9) classification challenges.
Part 2 (derivative classification) has three “sections”: (2.1) definitions within the order, (2.2) use of derivative classifications, and (2.3) classification guides.
Part 3 (declassification and downgrading) has eight “sections” on (3.1) definitions within the order, (3.2) authority for declassification, (3.3) transferred informa- tion, (3.4) automatic declassification, (3.5) systematic declassification review, (3.6) mandatory declassification review, (3.7) processing requests and reviews, and (3.8) a declassification database.
Part 4 (safeguarding) is broken down into four “sec- tions,” which address: (4.1) definitions within the order, (4.2) general restrictions on access, (4.3) distribution controls, and (4.4) special-access programs.
Part 5 (implementation and review) is broken down into seven “sections,” on (5.1) definitions within the order, (5.2) program direction, (5.3) information security oversight office, (5.4) interagency security classification
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appeals panel, (5.5) information security policy advisory council, (5.6) general responsibilities, (5.7) sanctions.
Part 6 (general provisions) has two “sections”: (6.1) general provisions, and (6.2) the effective date (October 1995).
The order revoked EO 12356, which on April 2, 1982, had prescribed a uniform system for classifying, declassi- fying, and safeguarding national security information.
EXECUTIVE ORDER 12968
Signed by President Bill Clinton on August 2, 1995, EO 12968 established the current personnel security program for federal employees having access to classified informa- tion. This EO was designed to bring previous personnel security (or reliability) programs under a single, uniform system for improved management.
A portion of the order’s summary reads: “The national interest requires that certain information be maintained in confidence through a system of classification in order to protect our citizens, our democratic institutions, and our participation within the community of nations. The unauthorized disclosure of information classified in the national interest can cause irreparable damage to the national security and loss of human life.
“Security policies designed to protect classified infor- mation must ensure consistent, cost effective, and efficient protection of our Nation’s classified information, while providing fair and equitable treatment to those Americans upon whom we rely to guard our national security.
“This order establishes a uniform Federal personnel security program for employees who will be considered for initial or continued access to classified information.”
Part 1 (definitions, access to classified information, financial disclosure, and other items) of the order is broken down into five “sections,” which address: (1.1) definitions within the order, (1.2) access to classified information, (1.3) financial disclosure, (1.4) use of automated financial record data bases, and (1.5) employee education and assistance.
Part 2 (access eligibility policy and procedure) has six “sections”: (2.1) eligibility determinations, (2.2) level of access approval, (2.3) temporary access to higher levels, (2.4) reciprocal acceptance of access eligibility determina- tions, (2.5) specific access requirement, and (2.6) access by non-U.S. citizens.
Part 3 (access eligibility standards) is broken down into four “sections” on (3.1) standards, (3.2) basis for eli- gibility approval, (3.3) special circumstances, and (3.4) reinvestigation requirements. Part 4 (investigations for foreign governments) addresses authority. Part 5 (review of access determinations) is broken down into two “sec- tions” on (5.1) determinations of need for access and (5.2) review proceedings for denials or revocations of eli- gibility for access.
Part 6 (implementation) has four “sections,” which address: (6.1) agency implementing responsibilities, (6.2) employee responsibilities, (6.3) security policy board responsibilities and implementation, and (6.4) sanctions. Part 7 (general provisions) is broken down into two “sec- tions”: (7.1) the CLASSIFIED INFORMATION PROCEDURES ACT, and (7.2) general information.
No prior executive orders were revoked by EO 12968.
executive oversight of intelligence
Executive (presidential) oversight of Intelligence is man- aged through the NATIONAL SECURITY COUNCIL (NSC), the PRESIDENT’S FOREIGN INTELLIGENCE ADVISORY BOARD (PFIAB), the PRESIDENT’S INTELLIGENCE OVERSIGHT BOARD (IOB), and the DIRECTOR OF CENTRAL INTELLI- GENCE(DCI).
exfiltration
Exfiltration is the term used to describe the surreptitious extraction of operatives in the field (as opposed to INFIL- TRATION, the insertion of operatives).