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C06229027 C0 6229027 Approved for Release: 2015/04/29 C06229027 "'ECRi2I//NOF'ORN CIA and EO 12333: Overview for the ICIG Boston Review Forum June 2013 Outline of Talking Points • Framework of Legal/Policy Authorities • EO 12333 Purpose, Historical Background, and Structure • USP And Foreign/National Intelligence Definitions • CIA's Duties and Responsibilities • Collection, Retention, and Dissemination of USP Information • HR 7-l On Collection: Purpose, Location, Target, and Technique • HR 7-1 Collection • HR 7-1 Retention Criteria (b)(1) • HR 7-1 Dissemination (b)(3) NatSecAct • Additionall2333/HR 7-J Topics Detailed Talking Points NATIONAL SECURITY ACT OF 1947 • LEGAL FRAMEWORK. CIA is governed by a framework of authorities, from the U.S. Constitution, to statutes including the National Security Act of 1947, as amended, (50 USC 401 , et seq.) and the CIA Act of 1949, as amended (50 USC 403a-x) to executive orders including EO 12333, "U.S. Intelligence Activities" (FR vol. 40, No 235 of December 8, 1981) o Constitution • First Amendment- freedom of speech, right to peaceably assemble • Fourth Amendment- unreasonable searches, warrants upon probably cause • Fifth Amendment- due process for life, liberty, or property o NSA47 - the "who's who" and Congressional intent . • Director of Central Intelligence Agency responsibilities (50 USC 403-4a(d)) : • (1) "Collect intelligence through human sources and by other appropriate means, except that the DCIA shaU have no police, subpoena, or law enforcement powers or internal security functions" • (2) "Correlate and evaluate intelligence related to the national security and provide appropriate dissemination of such intelligence" l rb)( 3)NatSecAct ~--------------------------~ SECPirp //NOFOJtN Approved for Release: 2015/04/29 C06229027 C06229027 Approved for Release: 2015/04/29 C06229027 SECRET// NOFORN • (3) "Provide overall director for and coordination of national intelligence outside the United States through human sources" by the IC and in coordination with those "elements of the United States Government which are authorized to undertake such coll ection, ensure that the most effective use is made ofresources and the appropriate account is taken of the risks to the United States and those involve such collecti on" and • (4) "Perform such other functions and duties related to intelligence affecting the national security as the President or the DNI may direct" • Assistance to US law enforcement agencies (50 USC 403-5a) • "[E]lements of the IC may, upon the request of US law enforcement agency, collect information outside the United States about indi_viduals who are not US persons. Such elements may collect such information notwithstanding that the law enforcement agency intends to use the information collected for purposes of a law enforcement investigation or counterintelligence investigation." o CLA Act- the "caretaker" act for running an agency EXECUTIVE ORDER 12333 • PURPOSE. EO 12333 is the "playbook" for the IC, telling each of the 17 IC elements, including CIA, what its specific national security missions are and bow those missions may be accompli shed. In so doing, EO 12333 is the p1imary vehicle for protection of the "legal rights of a.ll United States persons, including freedoms, civil liberties, and privacy rights guaranteed by Federal Law." (Section 1.1 (b)) o 'Timely, accurate, and insightful 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." (Preamble) • IITSTORY. The principles of EO 12333 have ex isted since the Church and Pike "Commissions to Study Governmental Operations with Respect to Intelligence Activities" in the mid-1970's exposed abuses of Constitutional rights in the name of national security conducted by the FBI and CIA. The most recent revisions to EO 12333 came in 2008 (EO 13470), to incorporate the role of the Director of National Intelligence. o Church Final Report: "Domestic intelligence activity has threatened and undermined the Constitutional rights of Americans to free speech, association and privacy. It has done so primarily because the Constitutional system for checking abuse of power has not been applied." o Church and Pike evolved into Senate Select Committee on Intelligence (SSCI) and House Permanent Select Conunittee on Intelligence (HPSCl), respectively o EO 12333 signed out by President Regan in 1981. 2 SECRET//NOFORN Approved for Release: 2015/04/29 C06229027 C06229027 Approved for Release: 2015/04/29 C06229027 SECRET//NOFORN o 2008 revision focused on Part 1 and did not address Part 2 in an effort to remain "privacy neutral" by not changing the standards for collection, retention, and dissemination of US person information. o 2008 White House Press Release: "Executive Order 12333 is a cornerstone document for the Intelligence Community. The Executive Order sets strategic goals and defmes roles and responsibilities within the Intelligence Community, while also affirming the Nation's commitment to protect American's civil liberties and privacy rights in the conduct of intelligence activities." • STRUCTURE. EO 12333 has three parts. o The first charters the duties and responsibilities of the DNI and the 171C elements. o The second regulates the conduct of intelligence activities, including the collection, retention, and dissemination of infonnation concerning a United States person. o The third contains general provisions, including definition of terms. • DEFINITIONS. Starting with Part Three, two important definitional concepts are (Section 3.5): o Delta between "national intelligence" and "foreign intelligence," paiticularly as to domestic intelligence - goes to what information may be collected • National intelligence means "all intelligence, regardless of the source from which derived and including information gathered within or outside the United States, that pertains ...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." • Foreign intelligence means "information relating to the capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, foreign persons, or international terrorists." • Counterintelligence means "information gathered and activities conducted to identify, deceive, exploit, disrupt, or protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations, or persons, or their agents, or international terrorist organizations or activities." o Scope of "United States person." Governs about who information may be collected. US persons are: • A United States citizen • By birth or naturalization, including dual citizens • An alien known by the intelligence element concerned to be a permanent resident alien; • A "green card" holder but not a student visa holder 3 SECRET//NOFORN Approved for Release: 2015/04/29 C06229027 C06229027 Approved for Release: 2015/04/29 C06229027 SECRET//NOFORN • An unincorporated association substantially composed of United States citizens or permanent resident aliens; or • USP is the association, itself, separate from members A corporation incorporated in the United States, except for a corporation diiected and controlled by a foreign government. • Even a US -incorporated subsidiary of a foreign corporation • CIA RESPONSIBILITIES. Tu1ning to Part One, in addition to general duties and responsibilities, two animating authorities of CIA are to (Section 1.7(a)): • Collect (including through clandestine means), analyze, produce, and disseminate foreign intelligence and counterintelligence. • Conduct counterintel ligence activities without assuming or performing any internal security functions within the United States. • Conduct administrative and technical support ac tivities within and outside the United States as necessary for cover and proprietary arrangements. • Conduct coven action activities approved by the President. • Conduct foreign intelligence liaison relationships with intelligence or security services of foreign governments or international organi zations. • Coordinate the implementation of intelligence and counterintelligence relationships between elements of the Intelligence Community and the intelligence or security servi ces of foreign governments and international organizations. • Perform such other functi ons and duties related to intelligence as the DNI may ·direct. o Other IC elements have similar and different authorities; but all enhanced (meaning clandestine) collection authority is ti ed to foreign intelligence (12333, Section 1.7). • DIA, NSA, Armed Forces, FBI, and Coast Guard may collect cl andestinely • State, Treasury, DEA, DHS, Energy, and ODNl may collect "information, intelligence, and counterintelligence" but only '·overly or through publicly available sources" (Section 1.7(i) and (j)) • COLLECTION, RETENTION, AND DISSEMINATION. Part 2 governs the collection, retention, and dissemination of information concerning U.S. persons by outlining both the types of information that may be collected, retained, and disseminated and the techniques by which that information may be collected. The latter generally affect the conduct of activities within the United States, to the exclusion of CIA and
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