Amending Executive Order 13462
Signed November 2, 2009·Barack Obama·74 FR 56521
Source
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Plain-language summary
Amends Executive Order 13462, which established the President's Intelligence Advisory Board (PIAB) and the Intelligence Oversight Board (IOB). Updates the definition of "intelligence activities" to match Executive Order 12333, caps PIAB membership at 16 non-federal-employee members, and lets the President designate a Chair or Co-Chairs to run its meetings and agenda. Adds a duty for the board to forward information about possible federal criminal violations in intelligence activities to the Attorney General, and requires the Director of National Intelligence and relevant agency heads to provide information and assistance needed by the PIAB and IOB. Updates a cross-reference to Executive Order 12333 and revises rules requiring PIAB and IOB members with access to classified information to sign nondisclosure agreements consistent with Executive Orders 12958 and 12968. States that it does not alter existing legal authorities, must be implemented consistent with law and available funding, and creates no enforceable rights against the government.
Not written or reviewed by a person. Read the full order below for anything you intend to rely on.
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Legal standing
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Claimed authority
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Federal Register correction page and date: 74 FR 57241, November 5, 2009
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The order, in full
Executive Order 13516 of November 2, 2009
Amending Executive Order 13462
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
Section 1. Executive Order 13462 of February 29, 2008,
is amended as follows:
(a) by striking subsection (b) of section 2 and
inserting in lieu thereof the following:
“(b) ”intelligence activities“ has the meaning specified in section 3.5
of Executive Order 12333 of December 4, 1981, as amended; and”
(b) by striking subsection (b) of section 3 and
inserting in lieu thereof the following:
“(b) The PIAB shall consist of not more than 16 members appointed by the
President from among individuals who are not full-time employees of the
Federal Government.”
(c) by striking subsection (c) of section 3 and
inserting in lieu thereof the following:
“(c) The President shall designate a Chair or Co-Chairs from among the
members of the PIAB, who shall convene and preside at meetings of the PIAB,
determine its agenda, and direct its work.”
(d) by inserting after subsection (b) of section 6 the
following new subsection:
“(c) forward to the Attorney General information concerning intelligence
activities that involve possible violations of Federal criminal laws or
otherwise implicate the authority of the Attorney General;”, and
renumbering the subsequent subsections of section 6 accordingly.
(e) by striking subsection (a) of section 8 and
inserting in lieu thereof:
“To the extent permitted by law, the DNI and the heads of departments
concerned shall provide such information and assistance as the PIAB and the
IOB determine is needed to perform their functions under this order.”
(f) by substituting “section 1.6(c) of Executive Order
12333, as amended” for “section 1.7(d) of Executive
Order 12333” each time it appears in the order.
(g) by striking subsection (b) of section 11 and
inserting in lieu thereof:
“(b) Any person who is a member of the PIAB or the IOB, or who is granted
access to classified national security information in relation to the
activities of the PIAB or the IOB, as a condition of access to such
information, shall sign and comply with appropriate agreements to protect
such information from unauthorized disclosure. This order shall be
implemented in a manner consistent with Executive Order 12958 of April 17,
1995, as amended, and Executive Order 12968 of August 2, 1995, as
amended.”
Sec. 2. General Provisions.
(a) Nothing in this order shall be construed to impair
or otherwise affect:
(i) authority granted by law to a department or agency, or the head
thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural,
enforceable at law or in equity, by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
October 28, 2009.Reproduced from the Federal Register plain-text record, signed November 2, 2009. Typesetting artifacts are removed; no wording is changed.