Executive Order 12333

Executive Order 12333
source
Order	12333
Date	December 4, 1981
President	Ronald Reagan
Federalregister	46 FR 59941
Preceding	Executive Order 12036
Succeeding	Executive Order 12334

Executive Order 12333 is a United States federal executive order issued by Ronald Reagan on December 4, 1981, that pertains to the conduct of foreign intelligence and counterintelligence by the United States government, including the Central Intelligence Agency (CIA), Federal Bureau of Investigation (FBI), and National Security Agency (NSA). This order was issued in response to the recommendations of the Church Committee and the Pike Committee, which investigated intelligence agency abuses in the 1970s, including those related to COINTELPRO and Operation Mockingbird. The order also drew on the experiences of Henry Kissinger and William Casey in their roles as National Security Adviser and Director of Central Intelligence, respectively. Additionally, it was influenced by the Foreign Intelligence Surveillance Act of 1978, which was championed by Ted Kennedy and Orrin Hatch.

● Introduction to

Executive Order 12333 Executive Order 12333 is a foundational document that outlines the roles and responsibilities of various United States government agencies involved in foreign intelligence and counterintelligence activities, including the CIA, FBI, NSA, and Defense Intelligence Agency (DIA). The order was issued to provide a framework for the conduct of these activities, while also ensuring that they are carried out in a manner consistent with the United States Constitution and United States law, as interpreted by the Supreme Court of the United States and the Court of Appeals for the District of Columbia Circuit. The order has been influenced by the work of William Webster and Robert Gates, who have served as Director of Central Intelligence and Secretary of Defense, respectively. It has also been shaped by the experiences of George H.W. Bush and George W. Bush during their time as Director of Central Intelligence and President of the United States, respectively.

● History and Background

The history of Executive Order 12333 dates back to the 1970s, when concerns about intelligence agency abuses led to the establishment of the Church Committee and the Pike Committee. These committees, which were chaired by Frank Church and Otis Pike, respectively, investigated allegations of domestic spying and other abuses by the CIA, FBI, and NSA. The committees' findings led to calls for greater oversight and regulation of intelligence agency activities, which ultimately resulted in the issuance of Executive Order 12333. The order was also influenced by the experiences of Jimmy Carter and Zbigniew Brzezinski during their time as President of the United States and National Security Adviser, respectively. Additionally, it drew on the work of Stansfield Turner and William Colby, who served as Director of Central Intelligence during the 1970s.

● Provisions and Authorities

Executive Order 12333 sets out a range of provisions and authorities related to the conduct of foreign intelligence and counterintelligence activities. The order establishes the National Security Council (NSC) as the primary agency responsible for overseeing these activities, and it sets out the roles and responsibilities of various other agencies, including the CIA, FBI, NSA, and DIA. The order also provides guidance on issues such as human intelligence collection, signals intelligence collection, and the use of covert action. The order has been influenced by the work of Brent Scowcroft and Anthony Lake, who have served as National Security Adviser during the Presidency of George H.W. Bush and the Presidency of Bill Clinton, respectively. It has also been shaped by the experiences of Madeleine Albright and Colin Powell during their time as Secretary of State and Secretary of State, respectively.

● Intelligence Community Implications

Executive Order 12333 has significant implications for the United States intelligence community, which includes agencies such as the CIA, FBI, NSA, and DIA. The order provides a framework for the coordination and oversight of foreign intelligence and counterintelligence activities, and it sets out the roles and responsibilities of each agency. The order has been influenced by the work of Leon Panetta and David Petraeus, who have served as Director of Central Intelligence and Director of the Central Intelligence Agency, respectively. It has also been shaped by the experiences of James Clapper and John Brennan, who have served as Director of National Intelligence and Director of the Central Intelligence Agency, respectively. Additionally, it has been influenced by the Foreign Intelligence Surveillance Court and the Privacy and Civil Liberties Oversight Board.

● Controversies and Criticisms

Executive Order 12333 has been the subject of controversy and criticism over the years, with some arguing that it provides too much latitude for intelligence agency activities and others arguing that it does not provide enough oversight. The order has been criticized by American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF), which have raised concerns about the potential for mass surveillance and other abuses. The order has also been influenced by the work of Edward Snowden and Julian Assange, who have revealed information about intelligence agency activities and sparked debates about government secrecy and whistleblower protection. Additionally, it has been shaped by the experiences of Chelsea Manning and John Kiriakou, who have been prosecuted under the Espionage Act of 1917 for their roles in revealing classified information.

● Amendments and Revisions

Executive Order 12333 has undergone several amendments and revisions since its issuance in 1981. The order was amended by Executive Order 13355 in 2004, which updated the order to reflect changes in the intelligence community and the threat environment. The order has also been influenced by the Intelligence Reform and Terrorism Prevention Act of 2004, which was championed by John McCain and Joe Lieberman. Additionally, it has been shaped by the experiences of Barack Obama and Joe Biden during their time as President of the United States and Vice President of the United States, respectively. The order continues to play an important role in shaping the conduct of foreign intelligence and counterintelligence activities by the United States government, and it remains a subject of ongoing debate and discussion. Category:United States federal executive orders