Defense and national security

Executive Order 13376: Amendments to Executive Order 12863, Relating to the President's Foreign Intelligence Advisory Board

President: George W. Bush

Updated the Foreign Intelligence Advisory Board order to reflect the Director of National Intelligence and added an internal-management limitation.

Status: Superseded. Is Executive Order 13376 still in effect? No. Executive Order 13376 was superseded. See Federal Register record.

What does Executive Order 13376 do?

EO 13376 replaced references to the Director of Central Intelligence with Director of National Intelligence once that appointment occurred, and added a clause denying creation of enforceable private rights. EO 13462 created revised arrangements for the President’s Intelligence Advisory Board and Intelligence Oversight Board and expressly revoked EO 12863.

Administration position: The order made a targeted governance and terminology update to an existing advisory-board framework.
SignedApril 13, 2005
Earlier frameworkEO 12863 established the President’s Foreign Intelligence Advisory Board in 1993, before the Director of National Intelligence post.
Responsible bodyPresident’s Foreign Intelligence Advisory Board
Later primary evidenceFebruary 29, 2008: EO 13462 created revised arrangements for the President’s Intelligence Advisory Board and Intelligence Oversight Board and expressly revoked EO 12863.

Before and after

Before the order

EO 12863 established the President’s Foreign Intelligence Advisory Board in 1993, before the Director of National Intelligence post.

After the order

EO 13376 replaced references to the Director of Central Intelligence with Director of National Intelligence once that appointment occurred, and added a clause denying creation of enforceable private rights.

EO 13462 created revised arrangements for the President’s Intelligence Advisory Board and Intelligence Oversight Board and expressly revoked EO 12863.

What did the signed order change?

EO 12863 established the President’s Foreign Intelligence Advisory Board in 1993, before the Director of National Intelligence post. EO 13376 replaced references to the Director of Central Intelligence with Director of National Intelligence once that appointment occurred, and added a clause denying creation of enforceable private rights.

What happened later?

EO 13462 — intelligence boards and revocation documents this later development: EO 13462 created revised arrangements for the President’s Intelligence Advisory Board and Intelligence Oversight Board and expressly revoked EO 12863.

What does that evidence establish?

The DNI substitution became effective upon appointment of the DNI. EO 13462 revoked the underlying EO 12863 in 2008; EO 13376 did not itself create a new board. This historical amendment is not the present charter for presidential intelligence advice. The signed order controls its original terms.

Who had to do what

Agency / officeActionTiming / position
President’s Foreign Intelligence Advisory BoardOperated under the amended 1993 executive order until supersessionUnder the signed order and governing law

What happened next

EO 13376 signed.

EO 13462 created revised arrangements for the President’s Intelligence Advisory Board and Intelligence Oversight Board and expressly revoked EO 12863.