President Obama Signs Executive Order to Amend Executive Order 13462

For Immediate Release October 29, 2009 President Obama Signs Executive Order to Amend Executive Order 13462

Office of the Press Secretary __________________________________________________________________________ For Immediate Release October 28, 2009 EXECUTIVE ORDER

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) 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.

"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.

"(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."

(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.

(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”

STRICKEN
b) “intelligence activities” has the meaning specified in section **3.4 of Executive Order 12333 of December 4, 1981, as amended; and

12333 3.4
STRICKEN 12333=3.4
3.4 Definitions.

For the purposes of this Order, the following terms shall have these meanings:

(a) Counterintelligence means information gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or assassinations conducted for or on behalf of foreign powers, organizations or persons, or international terrorist activities, but not including personnel, physical, document or communications security programs.
(b) Electronic surveillance means acquisitions of a nonpublic communication by electronic means without the consent of a person who is a party to an electronic communication or, in the case of a nonelectronic communication, without the consent of a person who is visably present at the place of communication, but not including the use of radio direction-finding equipment solely to determine the location of a transmitter.

(d) Foreign intelligence means information relating to the capabilities, intentions and activities of foreign powers, organizations or persons, but not including counterintelligence except for information on international terrorist activities.

(e) Intelligence activities means all activities that agencies within the Intelligence Community are authorized to conduct pursuant to this Order.

(f) Intelligence Community and agencies within the Intelligence Community refer to the following agencies or organizations:

(1) The Central Intelligence Agency (CIA);
(2) The National Security Agency (NSA);

(3) The Defense Intelligence Agency (DIA);

(4) The offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance programs;

(5) The Bureau of Intelligence and Research of the Department of State;

(6) The intelligence elements of the Army, Navy, Air Force, and Marine Corps, the Federal Bureau of Investigation (FBI), the Department of the Treasury, and the Department of Energy; and

(7) The staff elements of the Director of Central Intelligence.

(g) The National Foreign Intelligence Program includes the programs listed below, but its composition shall be subject to review by the National Security Council and modification by the President:

(1) The programs of the CIA;
(2) The Consolidated Cryptologic Program, the General Defense Intelligence Program, and the programs of the offices within the Department of Defense for the collection of specialized national foreign intelligence through reconnaissance, except such elements as the Director of Central Intelligence and the Secretary of Defense agree should be excluded;

(3) Other programs of agencies within the Intelligence Community designated jointly by the Director of Central Intelligence and the head of the department or by the President as national foreign intelligence or counterintelligence activities;

(4) Activities of the staff elements of the Director of Central Intelligence;

(5) Activities to acquire the intelligence required for the planning and conduct of tactical operations by the United States military forces are not included in the National Foreign Intelligence Program.

(h) Special activities means activities conducted in support of national foreign policy objectives abroad which are planned and executed so that the role of the United States Government is not apparent or acknowledged publicly, and functions in support of such activities, but which are not intended to influence United States political processes, public opinion, policies, or media and do not include diplomatic activities or the collection and production of intelligence or related support functions.
(i) United States person means a United States citizen, an alien known by the intelligence agency concerned to be a permanent resident alien, an unincorporated association substantially composed of United States citizens or permanent resident aliens, or a corporation incorporated in the United States, except for a corporation directed and controlled by a foreign government or governments.

12333 3.5
AMENDED (Replaces definitions in 12333 3.4)
12333 3.5
3.5 Purpose and Effect.

This Order is intended to control and provide direction and guidance to the Intelligence Community. Nothing contained herein or in any procedures promulgated hereunder is intended to confer any substantive or procedural right or privilege on any person or organization.

(b) by striking subsection (b) of section 3 and inserting in lieu thereof the following:
STRICKEN
(b) The PIAB shall consist of not more than 16 members appointed by the President from among individuals who are not *employed by the Federal Government.
AMENDED
“(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:
STRICKEN
(c) The President shall designate a *Chair from among the members of the PIAB, who shall convene and preside at meetings of the PIAB, determine its agenda, and direct its work.
REPLACED BY
“(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:

Sec. 6. Functions of the IOB. Consistent with the policy set forth in section 1 of this order, the IOB shall:
(b) inform the President of intelligence activities that the IOB believes:

(i)(A) may be unlawful or contrary to Executive Order or presidential directive; and
(B) are not being adequately addressed by the Attorney General, the DNI, or the head of the department concerned; or

(ii) should be immediately reported to the President.
ADDED
(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:
STRICKEN
(a) 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 *may need to perform functions under this order.
AMENDED
“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.
STRICKEN
1.6 Duties and Responsibilities of the Heads of Executive Branch Departments and Agencies.
(c) The heads of departments and agencies involved in the National Foreign Intelligence Program may appeal to the President decisions by the Director of Central Intelligence on budget or reprogramming matters of the National Foreign Intelligence Program.
AMENDED
1.7 Senior Officials of the Intelligence Community.

The heads of departments and agencies with organizations in the Intelligence Community or the heads of such organizations, as appropriate, shall:
(d) Report to the Intelligence Oversight Board, and keep the Director of Central Intelligence appropriately informed, concerning any intelligence activities of their organizations that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive;

(g) by striking subsection (b) of section 11 and inserting in lieu thereof:
STRICKEN
(b) Any person who is a member of the PIAB or 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 the 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.
AMENDED
“(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.”
****************************

These changes are significant in that it lowers the threshold for who can request or “determine” when it is “necessary” to have access to classified intelligence material.
It extends much more access to the AG to determine and receive materials he THINKS might have significance to HIS office.
It also extends powers to part time employees of the federal government.
It removes the precise definitions which I suggest you read, and gives wide latitude to persons who might NOT be American Citizens.
More in there, but I am nearly blind right now.

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