Current Significant Presidential Directives Applying to Activities
in Fighting Terrorism

Executive Orders and other presidential determinations not requiring legislative action can be changed by subsequent presidents. For example, every president re-organizes in some fashion the National Security Council, the foreign intelligence advisory apparatus, and intelligence oversight. New powers to act can be granted and constraints on activities of members of the executive branch can be imposed, both subject to (but rarely enacted) legislative action should Congress feel strongly about a president's decision.

 
General Ban on Assassinations

For example, in February 1976, President Gerald Ford signed Executive Order (EO) 11905 which forbade all U.S. government employees from engaging in or conspiring to engage in political assassination" (Section 5(g)). Ford's EO was superceded by President Jimmy Carter's EO 12036, which tightened restrictions on intelligence agencies. The ban on assassinations was continued by President Ronald Reagan in 1981, (EO 12333, Sec 2.11) and extended to apply specifically to intelligence agencies. This ban remains in effect today, although challenges have been mounted in each of the last two years by Rep. Bob Barr, R-Ga.

In April 1982, President Reagan signed National Security Decision Directive (NSDD) 30 dealing with responses to armed attacks on U.S. citizens or assets. The NSDD created a coordinating body, the Interdepartmental Group on Terrorism, to develop and assign to various executive agencies specific responsibilities when terrorist incidents occurred. The objective was to have in place, before an incident occurred, guidelines for such matters as lines of authority, intelligence responsibilities, and response training. A Special Situation Group (SSG) was established to advise the president, and lead agencies to coordinate responses were named.

	For international terrorist incidents outside U.S. territory, the State Department had the lead role.
	For incidents, the Justice Department was to be the lead agency with the Federal Bureau of Investigation (FBI0 in the lead for operational response.
	For plane hijackings within the "special jurisdiction of the United States, the lead agency was the Federal Aviation Administration.
	For planning and managing public health aspects of terrorist incidents, the Federal Emergency Management Agency (FEMA) was the responsible agency.

Supporting the SSG was a Terrorist Incident Working Group with representatives from the Departments of State and Defense, the Director of Central Intelligence, the FBI, FEMA, and the National Security Staff. It was to give "direct operational support…and to provide advice and recommendations during an incident" to the SSG.

Coordinating structures have been created by each president to fit his administrative style and the perceived level of threat. Today, however, there are some 46 agencies with some type of responsibilities for dealing with terrorist incidents.

NSDD 138 was the next known significant Reagan-era action. It was promulgated after the March 16, 1984 kidnapping of the Central Intelligence Agency's Beirut, Lebanon station chief, William Buckley. This NSDD, much of which remains classified, permitted both the CIA and the Federal Bureau of Investigation to form covert operations teams and to use military special operations forces to conduct guerrilla-style war against guerrillas. The NSDD reportedly permits pre-emptive operations, retaliation, expanded intelligence collection, and when necessary, killing of guerrillas in "pre-emptive" self-defense. States that sponsored guerrillas, or what today would generally be lumped under the term terrorists, could be targeted for operations. These included Iran, Libya, Syria, Cuba, North Korea - all identified before Sept. 11, 2001, by the State Department as state-sponsors of terrorism. Nicaragua and the Soviet Union were reportedly also on the list.

Significantly for what happened to the U.S. embassies in Africa in 1998, the NSDD called for "mandatory programs for improved awareness and security training" of government personnel, for "expanding sanctions against those organizations or states which support or export terrorism," and carrying out "appropriate bilateral and multilateral exchanges leading to improved cooperation on combating terrorism."

One other unnumbered NSDD issued in November 1984, although still classified, reportedly shielded the teams authorized by NSDD 138 from legal action under U.S. law if they were acting in "good faith," as long as the teams were engaged in authorized anti-terror operations. The NSDD also is said to have provided funds of recruiting and training indigenous "pre-emptive self-defense teams" in Lebanon, Honduras, and other countries. The effort ended when a Lebanese team conducted an unauthorized attack that killed 80 people.

With regard to Osama bin Laden, in 1998, after the bombing of the U.S. embassies in Africa, President Bill Clinton issued a "presidential finding" authorizing the CIA to initiate covert operations overseas to foil and, where possible, prevent terrorism by bin Laden's al Qaeda network. The finding seems not to have been converted into a Presidential Decision Directive, as these are numbered and identified sequentially for 1998. (It is possible, however, that a portion of a PDD in the 1998 series remains classified.) President George W. Bush reportedly extended this authorization when he assumed office, but again there is no indication of which, if any National Security Presidential Directive is involved.

For additional information, see: Christopher Simpson, National Security Directives of the Reagan and Bush Administrations, Westview Press, 1995

 
President Gerald Ford

	Executive Order 11905, United States foreign intelligence activities, Feb. 18, 1976. Superceded by EO 12036, Jan. 24, 1978.
	National Security Study Memorandum (NSSM) 244, U.S. Civil Defense, July 24, 1976.
	National Security Decision Memorandum (NSDM) 335, Army Special Operations Field Office in Berlin, Aug. 13, 1976.

 
President Jimmy Carter

	Presidential Review Memorandum 11, Intelligence Structure and Mission, Feb. 22, 1977.
	Executive Order 11984, Abolishing the President's Foreign Intelligence Advisory Board, May 4, 1977. Revokes EO 11460, March 20, 1969.
	Executive Order 11985, United States foreign intelligence activities, May 13, 1977. Superceded by EO 12036, Jan. 24, 1978.
	Executive Order 11994, United States foreign intelligence activities, June 1, 1977. Superceded by EO 12036, Jan. 24, 1978.
	Presidential Review Memorandum 30, Terrorism, June 2, 1977.
	Presidential Directive 19, Electronic Surveillance Abroad and Physical Searches for Foreign Intelligence Purposes, Aug. 25, 1977.
	Presidential Review Memorandum 32, Civil Defense, Sept. 30, 1977.
	Executive Order 12036, United States intelligence activities, Jan. 24, 1978. Superceded by EO 12333, Dec. 4, 1981.
	Presidential Directive 31, Technical Surveillance for Foreign Intelligence Purposes, Feb. 24, 1978.
	Executive Order 12139, Foreign intelligence electronic surveillance May 23, 1979. Amends EO 12036, Jan. 24, 1978; is amended by EO 12333 Dec. 4, 1981.
	Executive Order 12170, Blocking Iranian government property, Nov. 14, 1979. Expanded by EOs 12276 thru 12284, Jan. 19, 1981 and EO 121894, Feb. 24, 1981. Renewed annually by presidential Notice through March 13, 2001.
	Executive Order 12172, Entry of Iranian aliens into the United States, Nov. 26, 1979. Amended by EO 12206, April 7, 1980.
	Executive Order 12205, Prohibiting certain transactions with Iran, April 7, 1980. Amended by EO 12211, April 17, 1980 and revoked in part by EO 12282, Jan. 19, 1981.
	Executive Order 12206, Amendment of delegation of authority with respect to entry of certain aliens into the United States, April 7, 1980. Revoked in part by EO 12282, Jan. 19, 1981.
	Executive Order 12211, Further prohibitions on transactions with Iran, April 17, 1980. Revoked in part by EO 12282, Jan. 19, 1981.
	Executive Order 12211, Further prohibitions on transactions with Iran, April 17, 1980. Revoked in part by EO 12282, Jan. 19, 1981.

 
President Ronald Reagan

	Executive Orders 12276-12284, Jan. 19, 1981. Ratified by EO 12294, Feb. 24, 1981: 12276 Direction relating to establishment of escrow accounts. 12277 Direction to transfer Iranian government assets. 12278 Direction to transfer Iranian government assets overseas. 12279 Direction to transfer Iranian government assets held by domestic banks. 12280 Direction to transfer Iranian government financial assets held by non-banking institutions. 12281 Direction to transfer certain Iranian government assets. 12282 Revocation of prohibitions against transactions involving Iran. 12283 Non-prosecution of claims of hostages and for actions at the United States Embassy and elsewhere. 12284 Restrictions on the transfer of property of the former Shah of Iran.
	Executive Order 12331, President's Foreign Intelligence Advisory Board, Oct. 20, 1981. Revoked by EO 12537, Oct. 28, 1985. On-line at http://www.reagan.utexas.edu/resource.htm
	Executive Order 12333, United States intelligence activities, Dec. 4, 1981.
	National Security Study Directive (NSSD) 2- 82, Detecting and Countering the Foreign Intelligence Threat to the U.S., Feb. 16, 1982.
	National Security Decision Directive 138, Preemptive Strikes Against Suspected Terrorists, April 3, 1984. Publicly released portions say the U.S. will "resist the use of terrorism by all legal means available…State-sponsored terrorist activity or directed threats of such action are considered to be hostile acts." Still-classified sections reportedly permit CIA and FBI special operations units as well as existing similar military units to counter hostile "guerrillas" with guerrilla-type operations: sabotage, raids, intelligence collection and preventive operations that might be aimed at enemy operatives.
	National Security Decision Directive (NSDD) ???, Nov. 13, 1984 Reportedly a carte blanche exemption from U.S. legal proceedings for operatives engaged in anti-terrorist activities outside the U.S. that otherwise would be punishable under U.S. law. Actions must be taken "in good faith."
	National Security Decision Directive 180, Civil Aviation Anti-terrorism Program, July 1985. Expanded the Federal Air Marshal system.
	Executive Order 12537, President's Foreign Intelligence Advisory Board, Oct. 28, 1985. Revokes EO12331, is amended by EO 12624, Jan. 6, 1988, and is revoked by EO 12863, Sept. 13, 1993.
	Executive Order 12543, Prohibiting trade and certain transactions involving Libya, Jan. 7, 1986.
	Executive Order 12544, Blocking Libyan government property in the United States or held by U.S. persons, Jan. 8, 1986.
	National Security Study Directive (NSSD) 5-86, Development of National Policy and Strategy for Low Intensity Conflict, Oct. 23, 1986.
	National Security Study Directive 1-87, Afghanistan, Jan. 22, 1987.
	National Security Study Directive 4-87, Middle East Peace Process, Jan. 22, 1987.
	Executive Order 12613, Prohibiting Imports From Iran, Oct. 29, 1987. Revoked in part and supplemented by EO 12959, May 6, 1995 and revoked in part by EO 13059, Aug. 19, 1997.
	Executive Order 12635, Prohibiting certain transactions with respect to Panama, April 8, 1988. Revoked by EO 12710, April 5, 1990.
	Executive Order 12656, Assignment of emergency preparedness responsibilities, Nov. 18, 1988. Revokes EO 10421, Dec. 31, 1952 and EO 11490, Oct. 28, 1969. Amended by EO 13074, Feb. 9, 1998.
	Executive Order 12656, Assignment of emergency preparedness responsibilities, Nov. 18, 1988. Revokes EO 10421, Dec. 31, 1952 and EO 11490, Oct. 28, 1969. Amended by EO 13074, Feb. 9, 1998.

 
President George H.W. Bush

	National Security Review (NSR) 1, Afghanistan, Feb. 9, 1989.
	National Security Directive (NSD) 3, U.S. Policy Toward Afghanistan, Feb. 13, 1989.
	National Security Review (NSR) 7, Middle East Peace Process, Feb. 21, 1989.
	National Security Review (NSR) 9, U.S. Policy Toward Libya, Feb. 22, 1989.
	National Security Review (NSR) 10, U.S. Policy Toward the Persian Gulf, Feb. 22, 1989.
	National Security Review (NSR) 19, US Policy Toward Lebanon, July 7, 1989. On line at http://bushlibrary.tamu.edu/.
	National Security Directive (NSD) 16, Middle East Peace Process, July 8, 1989.
	Executive Order 12686, President's Commission on Aviation Security and Terrorism, Aug. 4, 1989. Amended by EO 12705, March 3, 1990 and revoked by EO 12774, Sept. 27, 1991.
	National Security Directive (NSD) 19, U.S. Policy Toward Libya, Aug. 24, 1989.
	National Security Directive (NSD) 26, U.S. Policy Toward the Persian Gulf, Oct. 2, 1989.
	Executive Order 12701, Amending Executive Order No. 12334 (President's Intelligence Oversight Board, Dec, 4, 1981), Feb. 14, 1990.
	Executive Order 12705, Amendment to Executive Order No. 12686 (President's Commission on Aviation Security and Terrorism, Aug. 4, 1989), March 3, 1990.
	Executive Order 12710, Termination of emergency with respect to Panama, April 5, 1990. Revokes EO 12635, April 8, 1988.
	National Security Review (NSR) 27, Low Intensity Conflict, June 11, 1990.
	National Security Directive (NSD) 42, National Policy for the Security of National Security Telecommunications and Information Systems, July 5, 1990. On line at http://www.fas.org/irp/offdocs/nsd/nsd_42.htm.
	Executive Order 12722, Blocking Iraqi government property and prohibiting transactions with Iraq, Aug. 2, 1990.
	Executive Order 12724, Blocking Iraqi government property and prohibiting transactions with Iraq, Aug. 9, 1990.
	National Security Directive (NSD) 56, National Security Emergency Preparedness Telecommunications Funding, April 30, 1991.
	National Security Directive (NSD) 57, U.S. Port Security Program, May 7, 1991.
	National Security Directive (NSD) 66, Civil Defense, March 16, 1992.
	National Security Review (NSR) 30, American Policy Toward Africa in the 1990s, June 15, 1992.
	National Security Directive (NSD) 75, American Policy Toward Sub-saharan Africa in the 1990s, Dec. 23, 1992.
	National Security Directive (NSD) 75, American Policy Toward Sub-saharan Africa in the 1990s, Dec. 23, 1992.

President William Clinton

	Executive Order 12863, President's Foreign Intelligence Advisory Board, Sept. 13, 1993. Revokes EO 12334, Dec. 4, 1981 and EO 12537, Oct. 28, 1985. Amended by EO 13070, Dec. 15, 1997.
	Executive Order 12947, Prohibiting Transactions With Terrorists Who Threaten to Disrupt the Middle East Peace Process. Jan. 23, 1995. Extended annually by Presidential Notice. Amended by EO 13099, Aug. 20, 1998.
	Executive Order 12957, Prohibiting certain transactions with respect to the development of Iranian petroleum resources, March 15, 1995. Declared in part because of Iran's continued support for international terrorism. Partially revoked (but sanctions broadened) by Executive Order 12959, May 6, 1995. Executive Order 13059, Aug. 22, 1997, consolidated previous EOs on the Iran Emergency.
	Executive Order 12959, Prohibiting Certain Transactions With Respect to Iran, May 6, 1995. Revokes in part and supplements EO 12613, Oct. 29, 1987 and EO 12957, March 15, 1995. Revoked in part by EO 13059, Aug. 19, 1997.
	Presidential Decision Directive/National Security Council (PDD/NSC) 39, Counterterrorism Policy, June 21, 1995.
	Executive Order 12977, Interagency Security Committee, Oct. 19, 1995. Protection of non-military federal office facilities.
	Presidential Decision Directive/National Science and Technology Council (PDD/NSTC) 7, Threat of Emerging and Re-Emerging Infectious Diseases, June 12, 1996.
	Executive Order 13010, Critical Infrastructure Protection, July 15, 1996. Amended by EO 13025, Nov. 13, 1996; EO 13041, April 3, 1997; EO13064, Oct. 11, 1997; and EO13077, March 10, 1998. Revoked in part by EO 13138, Sept. 30, 1999.
	Executive Order 13015, White House Commission on Aviation Safety and Security, Aug. 22, 1996. Revoked by EO 13062, Sept. 29, 1997.
	Executive Order 13025, Amendment to Executive Order 13010, the President's Commission on Critical Infrastructure Protection, Nov. 13, 1996. Revoked in part by EO 13138, Sept. 30, 1999.
	Executive Order 13041, Further Amendment to Executive Order 13010 [Critical Infrastructure Protection, July 15, 1996], as Amended, April 3, 1997. Revoked in part by EO 13138, Sept. 30, 1999.
	Executive Order 13059, Prohibiting Certain Transactions With Respect to Iran, Aug. 19, 1997. Revokes in part EO 12613, Oct. 29, 1987; EO12957, March 15, 1995; and EO 12959, May 6, 1995.
	Executive Order 13064, Further Amendment to Executive Order 13010, as Amended, Critical Infrastructure Protection, Oct. 11, 1997. Revoked in part by EO 13138, Sept. 30, 1999.
	Executive Order 13067, Blocking Sudanese Government Property and Prohibiting Transactions With Sudan, Nov. 3, 1997. Extended annually through Oct. 2000 by Presidential Notice.
	Executive Order 13070, The Intelligence Oversight Board, Amendment to Executive Order 12863 [Sept. 13, 1993], Dec. 15, 1997.
	Executive Order 13077, Further Amendment to Executive Order 13010, Critical Infrastructure Protection, March 10, 1998. Revoked in part by EO 13138, Sept. 30, 1999.
	Presidential Decision Directive (PDD/NSC) 62, Protection Against Unconventional Threats to the Homeland and Americans Overseas, May 22, 1998. Fact Sheet on line at http://www.fas.org/irp/offdocs/pdd-62.htm.
	Presidential Decision Directive (PDD/NSC) 63, Critical Information Protection, May 22, 1998. On line at http://www.fas.org/irp/offdocs/pdd/pdd-63.htm.
	Executive Order 13099, Prohibiting Transactions With Terrorists Who Threaten to Disrupt the Middle East Peace Process, Aug. 20, 1998. This specifically named Osama bin Laden and two others as well as his terrorist network. Amends EO12947, Jan. 23, 1995.
	Executive Order by EO13129, Blocking Property and Prohibiting Transactions with the Taliban, July 4, 1999. This was "punishment" for the Taliban's continued refusal to surrender bin Laden for trial in connection with the bombings of the U.S. embassies in Africa in 1998.
	Executive Order 13130, National Infrastructure Assurance Council, July 14, 1999.
	National Plan for Information Systems Protection, Jan. 2000. On line at http://www.fas.org/irp/offdocs/pdd/CIP-plan.pdf.
	Executive Order 13159, Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted From Nuclear Weapons, June 21, 2000.
	Report to Congress on Status of Federal Critical Infrastructure Protection Actions, Jan. 2001. On line at http://www.fas.org/irp/offdocs/pdd/CIP_2001_CongRept.pdf.

 
President George W. Bush

	National Security Presidential Directive 5, Review of U.S. Intelligence, May 9, 2001.
	Executive Order 13223, Ordering the Ready Reserve of the Armed Forces to Active Duty and Delegating Certain Authorities to the Secretary of Defense and the Secretary of Transportation, September 14, 2001.
	Executive Order 13224, Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, Sept. 23, 2001.
	Executive Order 13228, Establishing the Office of Homeland Security and the Homeland Security Council, Oct. 8, 2001.
	Executive Order 13231, Critical Infrastructure Protection in the Information Age, Oct. 16, 2001.
	Homeland Security Presidential Directive 1, Organization and Operation of the Homeland Security Council, October 29, 2001.
	Homeland Security Presidential Directive 2, Combating Terrorism Through Immigration Policies, October 29, 2001.
	Executive Order 13234, Establishing Presidential Task Force on Citizen Preparedness in the War on Terrorism, Nov. 9, 2001.
	Executive Order 13235, Concerning National Emergency Construction Authority, Nov. 16, 2001.
	Executive Order 13239, Designation of Afghanistan and the Airspace above as a Combat Zone, December 12, 2001.
	Executive Order 13253, Amendment to Executive Order 13223, Ordering the Ready Reserve of the Armed Forces to Active Duty and Delegating Certain Authorities to the Secretary of Defense and the Secretary of Transportation, January 16, 2002.
	Homeland Security Presidential Directive 3, Homeland Security Advisory System, March 11, 2002
	Executive Order 13269, Establishing the President's Homeland Security Advisory Council and Senior Advisory Committees for Homeland Security, March 19, 2002.

Compiled by Col. Daniel Smith, USA (Ret.) CDI Chief of Research dsmith@cdi.org

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