Executive Order 12863—President's Foreign Intelligence Advisory Board

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance the security of the United States by improving the quality and effectiveness of intelligence available to the United States, and to assure the legality of activities of the Intelligence Community, it is ordered as follows: Part I. Assessment of Intelligence Activities Section 1.1. There is hereby established within the White House Office, Executive Office of the President, the President's Foreign Intelligence Advisory Board (Pfiab). The Pfiab shall consist of not more than 16 members, who shall serve at the pleasure of the President and shall be appointed by the President from among trustworthy and distinguished citizens outside the Government who are qualified on the basis of achievement, experience and independence. The President shall establish the terms of the members upon their appointment. To the extent practicable, one-third of the Pfiab at any one time shall be comprised of members whose term of service does not exceed 2 years. The President shall designate a Chairman and Vice Chairman from among the members. The Pfiab shall utilize full-time staff and consultants as authorized by the President. Such staff shall be headed by an Executive Director, appointed by the President. Sec. 1.2. The Pfiab shall assess the quality, quantity, and adequacy of intelligence collection, of analysis and estimates, and of counterintelligence and other intelligence activities. The Pfiab shall have the authority to review continually 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. The Pfiab shall further be authorized to assess the adequacy of management, personnel and organization in the intelligence agencies. The heads of departments and agencies of the Federal Government, to the extent permitted by law, shall provide the Pfiab with access to all information that the Pfiab deems necessary to carry out its responsibilities. Sec. 1.3. The Pfiab shall report directly to the President and advise him concerning the objectives, conduct, management and coordination of the various activities of the agencies of the Intelligence Community. The Pfiab shall report periodically, but at least semiannually, concerning its findings and appraisals and shall make appropriate recommendations for the improvement and enhancement of the intelligence efforts of the United States. Sec. 1.4. The Pfiab shall consider and recommend appropriate action with respect to matters, identified to the Pfiab by the Director of Central Intelligence, the Central Intelligence Agency, or other Government agencies engaged in intelligence or related activities, in which the advice of the Pfiab will further the effectiveness of the national intelligence effort. With respect to matters deemed appropriate by the President, the Pfiab shall advise and make recommendations to the Director of Central Intelligence, the Central Intelligence Agency, and other Government agencies engaged in intelligence and related activities, concerning ways to achieve increased effectiveness in meeting national intelligence needs. Part II. Oversight of Intelligence Activities Sec. 2.1. The Intelligence Oversight Board (Iob) is hereby established as a standing committee of the Pfiab. The Iob shall consist of no more than four members appointed from among the membership of the Pfiab by the Chairman of the Pfiab. The Chairman of the Iob shall be appointed by the Chairman of the Pfiab. The Chairman of the Pfiab may also serve as the Chairman of the Iob. The Iob shall utilize such full-time staff and consultants as authorized by the Chairman of the Pfiab. Sec. 2.2. The Iob shall: (a) prepare for the President reports of intelligence activities that the Iob believes may be unlawful or contrary to Executive order or Presidential directive; (b) forward to the Attorney General reports received concerning intelligence activities that the Iob believes may be unlawful or contrary to Executive order or Presidential directive; (c) review the internal guidelines of each agency within the Intelligence Community that concern the lawfulness of intelligence activities; (d) review the practices and procedures of the Inspectors General and General Counsel of the Intelligence Community for discovering and reporting intelligence activities that may be unlawful or contrary to Executive order or Presidential directive; and (e) conduct such investigations as the Iob deems necessary to carry out its functions under this order. Sec. 2.3. The Iob shall, when required by this order, report to the President through the Chairman of the Pfiab. The Iob shall consider and take appropriate action with respect to matters identified by the Director of Central Intelligence, the Central Intelligence Agency or other agencies of the Intel- ligence Community. With respect to matters deemed appropriate by the President, the Iob shall advise and make appropriate recommendations to the Director of Central Intelligence, the Central Intelligence Agency and other agencies of the Intelligence Community. Sec. 2.4. The heads of departments and agencies of the Intelligence Community, to the extent permitted by law, shall provide the Iob with all information that the Iob deems necessary to carry out its responsibilities. Inspectors General and General Counsel of the Intelligence Community, to the extent permitted by law, shall report to the Iob, at least on a quarterly basis and from time to time as necessary or appro- priate, concerning intelligence activities that they have reason to believe may be unlawful or contrary to Executive order or Presidential directive. Part III. General Provisions Sec. 3.1. Information made available to the Pfiab, or members of the Pfiab acting in their Iob capacity, shall be given all necessary security protection in accordance with applicable laws and regulations. Each member of the Pfiab, each member of the Pfiab's staff and each of the Pfiab's consultants shall execute an agreement never to reveal any classified information obtained by virtue of his or her services with the Pfiab except to the President or to such persons as the President may designate. Sec. 3.2. Members of the Pfiab shall serve without compensation but may receive transportation expenses and per diem allowance as authorized by law. Staff and consultants to the Pfiab shall receive pay and allowances as authorized by the President. Sec. 3.3. Executive Order No. 12334 of December 4, 1981, as amended, and Executive Order No. 12537 of October 28, 1985, as amended, are revoked. William J. Clinton The White House, September 13, 1993.