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For Immediate Release
Office of the Press Secretary
February 29, 2008
Executive Order: 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:
(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:
(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.
(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.
(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.
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