[Weekly Compilation of Presidential Documents Volume 29, Number 37 (Monday, September 20, 1993)]
[Pages 1751-1753]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 12863--President's Foreign Intelligence Advisory Board

 September 13, 1993

    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 depart- 

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ments 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 Intelligence 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 appropriate, 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

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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.

[Filed with the Office of the Federal Register, 10:58 a.m., September 
14, 1993]

Note: This Executive order was published in the Federal Register on 
September 15.