Order Text:
By the authority vested in me as President by the Constitution and the lawsof the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to ensure thatthe President and other officers of the United States with responsibilityfor the security of the Nation and the advancement of its interests haveaccess to accurate, insightful, objective, and timely informationconcerning 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 section101 of title 5, United States Code, that contains an organization listed inor designated pursuant to section 3(4) of the National Security Act of1947, as amended (50 U.S.C. 401a(4));
(b) "intelligence activities" has the meaning specified in section 3.4 ofExecutive Order 12333 of December 4, 1981, as amended; and
(c) "intelligence community" means the organizations listed in ordesignated 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 Presidentand exclusively to advise and assist the President as set forth in thisorder, the President's Intelligence Advisory Board (PIAB).
(b) The PIAB shall consist of not more than 16 members appointed by thePresident from among individuals who are not employed by the Federal Government.
(c) The President shall designate a Chair from among the members of thePIAB, who shall convene and preside at meetings of the PIAB, determine itsagenda, 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 orthe IOB; and
(ii) while engaged in the work of the PIAB or the IOB, may be allowedtravel expenses, including per diem in lieu of subsistence, as authorizedby law for persons serving intermittently in the Government (5 U.S.C.5701-5707).
(e) The PIAB shall utilize such full-time professional and administrativestaff as authorized by the Chair and approved by the President or thePresident's designee. Such staff shall be supervised by an ExecutiveDirector of the PIAB, appointed by the President, whom the President maydesignate to serve also as the Executive Director of the IOB.
Sec. 4. Functions of the PIAB. Consistent with the policy set forth insection 1 of this order, the PIAB shall have the authority to, as the PIABdetermines 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 otherintelligence activities, assess the adequacy of management, personnel andorganization in the intelligence community, and review the performance ofall 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 suchassessments 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 ofdepartments concerned when the PIAB determines appropriate; and
(b) consider and make appropriate recommendations to the President, theDNI, or the head of the department concerned with respect to mattersidentified 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 theIntelligence Oversight Board.
(b) The IOB shall consist of not more than five members of the PIAB whoare designated by the President from among members of the PIAB to serve onthe IOB. The IOB shall utilize such full-time professional andadministrative staff as authorized by the Chair and approved by thePresident or the President's designee. Such staff shall be supervised byan Executive Director of the IOB, appointed by the President, whom thePresident may designate to serve also as the Executive Director of thePIAB.
(c) The President shall designate a Chair from among the members of theIOB, who shall convene and preside at meetings of the IOB, determine itsagenda, and direct its work.
Sec. 6. Functions of the IOB. Consistent with the policy set forth insection 1 of this order, the IOB shall:
(a) issue criteria on the thresholds for reporting matters to the IOB, tothe 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 ofthe processes by which the DNI and the heads of departments concernedperform their respective functions under this order and report thereon asnecessary, together with any recommendations, to the President and, asappropriate, the DNI and the head of the department concerned;
(d) receive and review information submitted by the DNI under subsection7(c) of this order and make recommendations thereon, including for anyneeded corrective action, with respect to such information, and theintelligence activities to which the information relates, as necessary, butnot less than twice each year, to the President, the DNI, and the head ofthe department concerned; and
(e) conduct, or request that the DNI or the head of the departmentconcerned, as appropriate, carry out and report to the IOB the results of,investigations of intelligence activities that the IOB determines arenecessary to enable the IOB to carry out its functions under this order.
Sec. 7. Functions of the Director of National Intelligence. Consistentwith the policy set forth in section 1 of this order, the DNI shall:
(a) with respect to guidelines applicable to organizations within theintelligence community that concern reporting of intelligence activitiesdescribed in subsection 6(b)(i)(A) of this order:
(i) review and ensure that such guidelines are consistent with section1.7(d) of Executive Order 12333, or a corresponding provision of anysuccessor order, and this order; and
(ii) issue for incorporation in such guidelines instructions relating tothe format and schedule of such reporting as necessary to implement thisorder;
(b) with respect to intelligence activities described in subsection6(b)(i)(A) of this order:
(i) receive reports submitted to the IOB pursuant to section 1.7(d) ofExecutive Order 12333, or a corresponding provision of any successor order;
(ii) forward to the Attorney General information in such reports relatingto such intelligence activities to the extent that such activities involvepossible violations of Federal criminal laws or implicate the authority ofthe Attorney General unless the DNI or the head of the department concernedhas previously provided such information to the Attorney General; and
(iii) monitor the intelligence community to ensure that the head of thedepartment concerned has directed needed corrective actions and that suchactions have been taken and report to the IOB and the head of thedepartment 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 thissection, including an assessment of the gravity, frequency, trends, andpatterns of occurrences of intelligence activities described in subsection 6(b)(i)(A) of thisorder;
(ii) a summary of direction under subsection (b)(iii) of this section andany related recommendations; and
(iii) an assessment of the effectiveness of corrective action taken by theDNI or the head of the department concerned with respect to intelligenceactivities described in subsection 6(b)(i)(A) of this order.
Sec. 8. Functions of Heads of Departments Concerned and AdditionalFunctions of the Director of National Intelligence.
(a) To the extent permitted by law, the DNI and the heads of departmentsconcerned shall provide such information and assistance as the PIAB and theIOB 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 pursuantto section 1.7(d) of Executive Order 12333, or a correspondingprovision of any successor order; and
(B) such information and assistance as the DNI may needto perform functions under this order; and
(ii) designate the offices within their respective organizations that shallsubmit 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 bythe DNI under subsection 7(a)(ii) of this order.
(c) The head of a department concerned who does not implement arecommendation to that head of department from the PIAB under subsection 4(b) of this order or from the IOB under subsections6(c) or 6(d) of this order shall promptly report through the DNI to theBoard 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 IntelligenceAgency performs the functions with respect to the Central IntelligenceAgency under this order that a head of a department concerned performs withrespect to organizations within the intelligence community that are part ofthat department.
Sec. 9. References and Transition. (a) References in Executive Ordersother than this order, or in any other presidential guidance, to the"President's Foreign Intelligence Advisory Board" shall be deemed to bereferences to the President's Intelligence Advisory Board established bythis order.
(b) Individuals who are members of the President's Foreign IntelligenceAdvisory Board under Executive Order 12863 of September 13, 1993, asamended, immediately prior to the signing of this order shall be members ofthe President's Intelligence Advisory Board immediately upon the signing ofthis order, to serve as such consistent with this order until the date thatis 15 months following the date of this order.
(c) Individuals who are members of the Intelligence Oversight Board underExecutive Order 12863 immediately prior to the signing of this order shallbe members of the Intelligence Oversight Board under this order, to serve as such consistent with thisorder until the date that is 15 months following the date of this order.
(d) The individual serving as Executive Director of the President'sForeign 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 uponappointment of a successor under this order and shall serve as theExecutive Director of the IOB until an Executive Director of the IOB isappointed 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 otherwiseaffect:
(i) authority granted by law to a department or agency, or the headthereof; or
(ii) functions of the Director of the Office of Management and Budgetrelating to budget, administrative, or legislative proposals.
(b) Any person who is a member of the PIAB or IOB, or who is grantedaccess to classified national security information in relation to theactivities of the PIAB or the IOB, as a condition of access to suchinformation, shall sign and comply with the agreements to protect suchinformation from unauthorized disclosure. This order shall be implementedin a manner consistent with Executive Order 12958 of April 17, 1995, asamended, and Executive Order 12968 of August 2, 1995, as amended.
(c) This order shall be implemented consistent with applicable law andsubject to the availability of appropriations.
(d) This order is intended only to improve the internal management of theexecutive branch and is not intended to, and does not, create any right orbenefit, substantive or procedural, enforceable at law or in equity, by anyparty against the United States, its departments, agencies or entities, itsofficers, employees, or agents, or any other person.
GEORGE W. BUSH
