Presidential Documents

11805 

Federal Register 

Vol. 73, No. 43 

Tuesday, March 4, 2008 

Title 3— 

The President 

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: 

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(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: 

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(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. 

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(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. 

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(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. 

THE WHITE HOUSE, 

February 29, 2008. 

[FR Doc. 08–970 

Filed 3–3–08; 11:35 am] 

Billing code 3195–01–P 


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