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4 March 2008
[Federal Register: March 4, 2008 (Volume 73, Number 43)]
[Presidential Documents]
[Page 11803-11809]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04mr08-120]
[[Page 11803]]
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Part IV
The President
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Executive Order 13462--President's Intelligence Advisory Board and
Intelligence Oversight Board
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