COMMENTS ON REVISED E. O. ON PABFIC

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-87-6-21-6
• Release Decision: RIFLIM
• Original Classification: K
• Document Page Count: 9
• Document Creation Date: January 11, 2017
• Document Release Date: August 20, 2010
• Sequence Number: 21
• Publication Date: October 29, 1975
• Content Type: MEMO

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ON-FILE NSC RELEASE
INSTRUCTIONS APPLY
October 29, 1975
MEMORANDUM FOR: G OW CROFT
SUBJECT: son Revised E. 0. on PABFIC
FROM:
REFERENCE;
V -
NATIONAL SECURITY COUNCIL
Memorandum from Jack Marsh,
dated October 24, 1975
Attached, as requested,, are suggestions concerning the most recent
draft of the Executive Order establishing the President's Advisory
Board on the Foreign Intelligence Community.
FBI, OSD Reviews
Completed
Attachments: Tab A - Comments
Tab B - Reference Memorandum
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October 29, 1975
Revised Executive Order on the President's
Advisory Board on the Foreign Intelligence Community
Suggested revisions:
page 1: Section I(a) first line "concerning" vice "concering"
page 2: Section I(c) delete entire section. (It is inappropriate
for PABFIC as an advisory body to the President to be used by
heads of Executive departments or agencies to carry out their
responsibilities. Furthermore, it is even more inappropriate
for the DCI to be able to utilize the PABFIC in carrying out
his responsibilities since the PABFIC is charged with the
oversight of the DCPs organization and its activities. In
addition, the exact meaning of this section is unclear.)
0 page 4: Section 7(a) delete entire section and replace. it with
the language used in Jack Marsh's memorandum:
(a) Neither he nor any other permanent staff member
shall be employed by or under contract with an agency
or department within the foreign intelligence community
during their tenure with the Board.
(This language prohibiting the detailing of Intelligence Com-
munity personnel to the PABFIC is preferable because it
strengthens the concept of the Board's independence from the
intelligence agencies. It will be this independence that will
make the PABFIC acceptable to the Congress and the public
as an oversight body.)
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October 24, 197
MEMORANDUM FOR: PHIL BUCHEN
BILL COLBY
HENRY KISSINGER
ED LEVI
JIM LYNN
DON RUMSFELD
JIM SCHLESINGER
FROM: JACK MARSH
Revised Executive Order on the
President's Advisory Board on the
Foreign Intelligence Communit
Transmitted herewith is a draft of the executive order on the
PABFIC that reflects your comments on the draft circulated
last week.
Only one substantive difference remains concerning this executive
order: will the Board be allowed to have staff employees detailed
from the foreign intelligence community? The draft circulated
on October 16 allowed detailing. Comments received from OMB,
the NSC and Peter Wallison opposed any detailing. If the draft
is amended to disallow detailing, section 7(a) would read:
(a) Neither he nor any other permanent staff
member shall be employed by or under
contract with an agency or department
within the foreign intelligence community.
during their tenure with the Board.
The arguments in favor of not prohibiting detailing of intelligence
community employees to the PAl3FIC include: (a) the restrictions
contained in Section 7 will effectively prevent PABFIC staff
employees from being either influenced by their parent agencies
or having undue influence over their parent agencies; (b) use
of detailed employees in the past has caused no serious problems;
(c) if detailing is not prohibitc.d, the current staff members can
continue to serve the new board.
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The arguments in favor of prohibiting detailing include:
(a) the restrictions currently contained in Section 7 are
insufficient because any employee who continues to maintain
a connection with an intelligence agency will be in some way
influenced in his work with the Board by that connection;
(b) the PABFIC is being given new responsibilities which
make it inappropriate for an overseer to be an employee of
the agency being monitored; (c) the public and Congress will
not accept the PABFIC as a sufficiently detached body to
perform oversight functions if it is staffed by employees of
the intelligence agencies.
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PRESIDENT'S ADVISORY BOARD ON T1-1E FOREIGN
INTELLIGENCE; COMMUNITY
There is a need for improved review of the foreign intelligence
community and advice to the President on the quality of the community's
activities and its compliance with law and applicable Executive Orders.
This order establishes the Pre.sident's Advisory Board on the Foreign
Intelligence Community to perform these tasks.
By virtue of the authority vested in me as President of the
United States, it is hereby ordered as follows:
Section I. There is hereby established the President's Advisory Board
on the Foreign Intelligence Community, hereinafter referred to as
"the Board. " It shall:
(a)
a lvi.se the President concex-1ng i.ts; review of the foreign
intelligence and counterintelligence activities of the United States
Government. The Board's areas of concern shall include quality of
foreign intelligence collection and estimates, organization and manage-
ment of the foreign intelligence community, and compliance of the fo:rreign
intelligence community with applicable provisions of the Constitution and
laws of the United States, executive orders, and directives of the
National Security Council;
(b) receive, consider, and maize recommendations with
respect to matters identified to the Board by the Director of Central
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Intelligence, the Secretary of Defense, the Director of the Federal
Bureau of Investigation and heads of other government departments
of the foreign intelligence community.
(c)
where appropriate, be utilized by the Director
of Central Intelligence and the Attorney General in carrying
out their responsibilities ; and
(d) submit interim reports and recommendations, at least
annually, to the President on its findings and appraisals.
Section 2. The Board may receive, investigate, consider, and snake
appropriate recommendations with respect to allegations of improprieties
involving agencies within the foreign intelligence community made by
employees of such agencies. In this connection, the Director of Central
Intelligence, the Director of the Federal Bureau of Investigation, and the
heads of other departments, agencies and organizations comprising the
foreign intelligence community, and the Inspectors General thereof,
after to their organization heads, may seek the advice of
the Board with respect to activities or categories of activities which in
the light of the statutory authority of any. such agency, or any restrictions
imposed by law or Executive Order, may have. been, or, if implemented,
might be, improper or appear to be improper. As appropriate? the
Chairm~m of the Board may designate a special panel of the Board to
receive and make recommendations to the Board on such allegations.
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Section 3. As used in this order, the term "foreign intelligence
community" means those organizations (or subdivisions t Icreof) which
collect, dissenminate or evaluate foreign intelligence or countc?a.nteLa-
Bence.
Section 4. (a) In order to facilitate performance of the Board's functions,
the Director of Central intelligence, the Secretary of Defense, the
Director of the Federal Bureau of Investigation and heads of other govern.-
rnent departments of the foreign intelligence community shall regularly:
(1) make available to the Board all information with
respect to foreign intelligence, foreign counterintelligence, and related
matters which the Board may require for the purpose of carrying out its
responsibilities to the President in accordance with the terms of this
Order;
(2) notify the Board of major issues in the foreign intt'.lli--.
Bence community;
(3) identify to th:' Board specific operational issues or
matters in which there is a potential for official or public concern.;
(b) Each Inspector General (or other official with equivalent
duties) of the foreign intelligence community shall have the authority to
report directly to the Board, after notifying the head of his organization
concerning matters over which the Board has cognizance.
(c) The head of each organization, in the foreign intelligence
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community shall de sign_ate in writing to the Board the name of an
individual and office to serve as the primary point of contact in sup-
port of Board functions. In addition, the Board is authorized to call
upon persons at all levels within the foreign intelligence community.
Section 5'. Members of the Board shall be appointed by the President
from among persons outside. the Government, qualified on the basis
of ability, knowledge, diversity of background and experience, and
with a view toward achieving continuity. The members shall receive
compensation and allowances consonant with law.
Section 6. The President shall designate from among the Board mem-
bers a Chairman who shall, devote substantial time to his duties with
the Board.
Section 7. The Board shall employ a staff headed by an Executive
Secretary, who shall be appointed by the President.
(a) If the Executive Secretary or any member of the
staff of the Board is appointed from. an agency or department within
the foreign intelligence community, then during his tenure with the
Board, he shall be subject to no supervision, control, restriction or
prohibition from such agency or department, and shall neither possess
nor exercise any supervision, control, powers or functions (other
than as a member of the staff of the Board) with respect to such agency or
department.
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(b) The Executive Secretary shall be authorized, subject
to the approval of the Board and in a manner consonant with law, t
hire and fix the compensation of such additional per song e1 as may be
necessary for performance of the Board's duties
Section 8. Compensation and allowances of the Board, the Executive
Secretary, and other members of the staff, together with other
expenses arising in connection with the work of the Board, shall be.
paid from the Executive Office Appropriation Act or from correspond-
ing appropriations made in future years. Such payments shall be made
without regard to the provisions of Section 3681 of the Revised Statutes
and Section 9 of the Act of March 4, 1909, 35 Stat. 1027 (31 U. S. C. 672
and 673),
Section 9. The Board shall succeed to the records held by the President's
Foreign intelligence Advisory Board, established by Executive Order
No. 11460 of March 20, 1969.
Section 10. Executive Order No. 11460 of March 20, 1969, is hereby
revoked.
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