[Weekly Compilation of Presidential Documents Volume 44, Number 8 (Monday, March 3, 2008)]
[Pages 302-305]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13462--President's Intelligence Advisory Board and 
Intelligence Oversight Board

February 29, 2008

    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:
    (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.

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    (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:
    (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:

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    (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.
    (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

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      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.
    (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.
                                                George W. Bush
 The White House,
 February 29, 2008.

 [Filed with the Office of the Federal Register, 11:35 a.m., March 3, 
2008]

Note: This Executive order will be published in the Federal Register on 
March 4.