[Federal Register Volume 73, Number 43 (Tuesday, March 4, 2008)]
[Presidential Documents]
[Pages 11805-11809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-970]



[[Page 11803]]

-----------------------------------------------------------------------

Part IV





The President





-----------------------------------------------------------------------



Executive Order 13462--President's Intelligence Advisory Board and 
Intelligence Oversight Board
 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 73, No. 43 / Tuesday, March 4, 2008 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

[[Page 11805]]

                Executive Order 13462 of February 29, 2008

                
President's Intelligence Advisory Board and 
                Intelligence Oversight Board

                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. Policy. It is the policy of the United 
                States to ensure that the President and other officers 
                of the United States with responsibility for the 
                security of the Nation and the advancement of its 
                interests have access to accurate, insightful, 
                objective, and timely information concerning the 
                capabilities, intentions, and activities of foreign 
                powers.

                Sec. 2. Definitions. As used in this order:

                (a) ``department concerned'' means an executive 
                department listed in section 101 of title 5, United 
                States Code, that contains an organization listed in or 
                designated pursuant to section 3(4) of the National 
                Security Act of 1947, as amended (50 U.S.C. 401a(4));

                (b) ``intelligence activities'' has the meaning 
                specified in section 3.4 of Executive Order 12333 of 
                December 4, 1981, as amended; and

                (c) ``intelligence community'' means the organizations 
                listed in or designated pursuant to section 3(4) of the 
                National Security Act of 1947, as amended.

                Sec. 3. Establishment of the President's Intelligence 
                Advisory Board. (a) There is hereby established, within 
                the Executive Office of the President and exclusively 
                to advise and assist the President as set forth in this 
                order, the President's Intelligence Advisory Board 
                (PIAB).

                (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.

                (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.

                (d) Members of the PIAB and the Intelligence Oversight 
                Board (IOB) established in section 5 of this order:

                (i) shall serve without any compensation for their work 
                on the PIAB or the IOB; and

                (ii) while engaged in the work of the PIAB or the IOB, 
                may be allowed travel expenses, including per diem in 
                lieu of subsistence, as authorized by law for persons 
                serving intermittently in the Government (5 U.S.C. 
                5701-5707).

                (e) The PIAB shall utilize such full-time professional 
                and administrative staff as authorized by the Chair and 
                approved by the President or the President's designee. 
                Such staff shall be supervised by an Executive Director 
                of the PIAB, appointed by the President, whom the 
                President may designate to serve also as the Executive 
                Director of the IOB.

                Sec. 4. Functions of the PIAB. Consistent with the 
                policy set forth in section 1 of this order, the PIAB 
                shall have the authority to, as the PIAB determines 
                appropriate, or shall, when directed by the President:

[[Page 11806]]

                (a) assess the quality, quantity, and adequacy of 
                intelligence collection, of analysis and estimates, and 
                of counterintelligence and other intelligence 
                activities, assess the adequacy of management, 
                personnel and organization in the intelligence 
                community, and review the performance of all agencies 
                of the Federal Government that are engaged in the 
                collection, evaluation, or production of intelligence 
                or the execution of intelligence policy and report the 
                results of such assessments or reviews:

                (i) to the President, as necessary but not less than 
                twice each year; and

                (ii) to the Director of National Intelligence (DNI) and 
                the heads of departments concerned when the PIAB 
                determines appropriate; and

                (b) consider and make appropriate recommendations to 
                the President, the DNI, or the head of the department 
                concerned with respect to matters identified to the 
                PIAB by the DNI or the head of a department concerned.

                Sec. 5. Establishment of Intelligence Oversight Board.

                (a) There is hereby established a committee of the PIAB 
                to be known as the Intelligence Oversight Board.

                (b) The IOB shall consist of not more than five members 
                of the PIAB who are designated by the President from 
                among members of the PIAB to serve on the IOB. The IOB 
                shall utilize such full-time professional and 
                administrative staff as authorized by the Chair and 
                approved by the President or the President's designee. 
                Such staff shall be supervised by an Executive Director 
                of the IOB, appointed by the President, whom the 
                President may designate to serve also as the Executive 
                Director of the PIAB.

                (c) The President shall designate a Chair from among 
                the members of the IOB, who shall convene and preside 
                at meetings of the IOB, determine its agenda, and 
                direct its work.

                Sec. 6. Functions of the IOB. Consistent with the 
                policy set forth in section 1 of this order, the IOB 
                shall:

                (a) issue criteria on the thresholds for reporting 
                matters to the IOB, to the extent consistent with 
                section 1.7(d) of Executive Order 12333 or the 
                corresponding provision of any successor order;

                (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.

                (c) review and assess the effectiveness, efficiency, 
                and sufficiency of the processes by which the DNI and 
                the heads of departments concerned perform their 
                respective functions under this order and report 
                thereon as necessary, together with any 
                recommendations, to the President and, as appropriate, 
                the DNI and the head of the department concerned;

                (d) receive and review information submitted by the DNI 
                under subsection 7(c) of this order and make 
                recommendations thereon, including for any needed 
                corrective action, with respect to such information, 
                and the intelligence activities to which the 
                information relates, as necessary, but not less than 
                twice each year, to the President, the DNI, and the 
                head of the department concerned; and

                (e) conduct, or request that the DNI or the head of the 
                department concerned, as appropriate, carry out and 
                report to the IOB the results of, investigations of 
                intelligence activities that the IOB determines are 
                necessary to enable the IOB to carry out its functions 
                under this order.

                Sec. 7. Functions of the Director of National 
                Intelligence. Consistent with the policy set forth in 
                section 1 of this order, the DNI shall:

[[Page 11807]]

                (a) with respect to guidelines applicable to 
                organizations within the intelligence community that 
                concern reporting of intelligence activities described 
                in subsection 6(b)(i)(A) of this order:

                (i) review and ensure that such guidelines are 
                consistent with section 1.7(d) of Executive Order 
                12333, or a corresponding provision of any successor 
                order, and this order; and

                (ii) issue for incorporation in such guidelines 
                instructions relating to the format and schedule of 
                such reporting as necessary to implement this order;

                (b) with respect to intelligence activities described 
                in subsection 6(b)(i)(A) of this order:

                (i) receive reports submitted to the IOB pursuant to 
                section 1.7(d) of Executive Order 12333, or a 
                corresponding provision of any successor order;

                (ii) forward to the Attorney General information in 
                such reports relating to such intelligence activities 
                to the extent that such activities involve possible 
                violations of Federal criminal laws or implicate the 
                authority of the Attorney General unless the DNI or the 
                head of the department concerned has previously 
                provided such information to the Attorney General; and

                (iii) monitor the intelligence community to ensure that 
                the head of the department concerned has directed 
                needed corrective actions and that such actions have 
                been taken and report to the IOB and the head of the 
                department concerned, and as appropriate the President, 
                when such actions have not been timely taken; and

                (c) submit to the IOB as necessary and no less than 
                twice each year:

                (i) an analysis of the reports received under 
                subsection (b)(i) of this section, including an 
                assessment of the gravity, frequency, trends, and 
                patterns of occurrences of intelligence activities 
                described in subsection 6(b)(i)(A) of this order;

                (ii) a summary of direction under subsection (b)(iii) 
                of this section and any related recommendations; and

                (iii) an assessment of the effectiveness of corrective 
                action taken by the DNI or the head of the department 
                concerned with respect to intelligence activities 
                described in subsection 6(b)(i)(A) of this order.

                Sec. 8. Functions of Heads of Departments Concerned and 
                Additional Functions of the Director of National 
                Intelligence.

                (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.

                (b) The heads of departments concerned shall:

                (i) ensure that the DNI receives:

                (A) copies of reports submitted to the IOB pursuant to 
                section 1.7(d) of Executive Order 12333, or a 
                corresponding provision of any successor order; and

                (B) such information and assistance as the DNI may need 
                to perform functions under this order; and

                (ii) designate the offices within their respective 
                organizations that shall submit reports to the IOB 
                required by Executive Order and inform the DNI and the 
                IOB of such designations; and

                (iii) ensure that departments concerned comply with 
                instructions issued by the DNI under subsection 
                7(a)(ii) of this order.

                (c) The head of a department concerned who does not 
                implement a recommendation to that head of department 
                from the PIAB under subsection 4(b) of this order or 
                from the IOB under subsections 6(c) or 6(d) of this 
                order shall promptly report through the DNI to the 
                Board that made the recommendation, or to the 
                President, the reasons for not implementing the 
                recommendation.

[[Page 11808]]

                (d) The DNI shall ensure that the Director of the 
                Central Intelligence Agency performs the functions with 
                respect to the Central Intelligence Agency under this 
                order that a head of a department concerned performs 
                with respect to organizations within the intelligence 
                community that are part of that department.

                Sec. 9. References and Transition. (a) References in 
                Executive Orders other than this order, or in any other 
                presidential guidance, to the ``President's Foreign 
                Intelligence Advisory Board'' shall be deemed to be 
                references to the President's Intelligence Advisory 
                Board established by this order.

                (b) Individuals who are members of the President's 
                Foreign Intelligence Advisory Board under Executive 
                Order 12863 of September 13, 1993, as amended, 
                immediately prior to the signing of this order shall be 
                members of the President's Intelligence Advisory Board 
                immediately upon the signing of this order, to serve as 
                such consistent with this order until the date that is 
                15 months following the date of this order.

                (c) Individuals who are members of the Intelligence 
                Oversight Board under Executive Order 12863 immediately 
                prior to the signing of this order shall be members of 
                the Intelligence Oversight Board under this order, to 
                serve as such consistent with this order until the date 
                that is 15 months following the date of this order.

                (d) The individual serving as Executive Director of the 
                President's Foreign Intelligence Advisory Board 
                immediately prior to the signing of this order shall 
                serve as the Executive Director of the PIAB until such 
                person resigns, dies, or is removed, or upon 
                appointment of a successor under this order and shall 
                serve as the Executive Director of the IOB until an 
                Executive Director of the IOB is appointed or 
                designated under this order.

                Sec. 10. Revocation. Executive Order 12863 is revoked.

                Sec. 11. 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) 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.

                (c) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.

[[Page 11809]]

                (d) This order is intended only to improve the internal 
                management of the executive branch and 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,

                    February 29, 2008.

[FR Doc. 08-970
Filed 3-3-08; 11:35 am]
Billing code 3195-01-P