COMMENTS ON THE NEW PFIAB CHARTER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M01133A001100090008-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 7
• Document Creation Date: December 16, 2016
• Document Release Date: January 12, 2005
• Sequence Number: 8
• Publication Date: October 20, 1975
• Content Type: MF

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DCL/1C U-3111144
20 a cteb.r t5
T Director of Ceatr?i eitigeac,
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C s an the New PTL , a rrter
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The basic thr"t tbw proposed, ZO to that the sae i Board
bare -bout the *am* r.epeaeeib#titiss as the PFIAB ba.a .x.rci aed
Ctivitt. a
4. tadtw ai eae iayo.s at any level will be able to report
aped tm a rtetL u to the Board for laa atld&tlea, a YOU as
*ter agency leads are atlas rrtaed to request advice free the board
if you are eenc eraed moat the propriety of any activity
year preriace but which Seed to
of r be MIIer of any c
the Board staff-
9 matters ich art no
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rtcarat U ass?gaed tsw
/S/ Sam au'-'l V, Wilson
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illiteai,et General : SA
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are of c ats an the 15 October draft of the
416 with respect to Case reaaatity cern ttarce -.4th
Attcb ext
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The Honorable John 0. Marsh, Jr.
Counsellor to the President
The White House
Washington, D. C. 20500
Dear Jack :
Reference is your memorandum of 16 October requesting
comments on the 15 October draft of the proposed Executive
Order on the President's Advisory Board on the Foreign
Intelligence Community.
Attached are my comments and questions concerning the
draft.
In my view this draft will serve the purpose far
better than the two earlier versions provided us for commen
I have no objection to the new title of the Board, as
such, but somehow pronouncing the new acronym t"PABFIC"
doesn't have quite the same ring as "PFIAB."
Sincerely,
W. E. Colby
Distribution:
Orig--Addressee
1--DCI
1--DDCI
1--ER
v-1--IC Registry
1--ICS/CS Chrono
1
DCI/IC/CS/
(20 Oc o er
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2 0 OCT 1975
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20 October 1975
PROPOSED CHANGES AND QUESTIONS-CONCERNING THE 15 OCTOBER
DRAFT OF THE REVISED EXECUTIVE ORDER ON THE PRESIDENT'S
ADVISORY BOARD ON THE FOREIGN INTELLIGENCE COMMUNITY
(NOTE: New or amended language is underlined, deletions
are lined through.)
Revise the preamble as follows:
"In order to provide the There-is-a-weed-f?-mpeved
necessary review of the foreign intelligence community and
advice to the President on the quality and control of the
community's activities, arc-its-eempiianae-with-iaw. this
order establishes the President's Advisory Board on the
Foreign Intelligence Community to--Iae~fexx-these-tasks."
Reason: To put a positive rather than a negative
connotation on the basis for issuance of
,the executive order.
Reference Section 1 (a)
"(a) Review and advise the President concerning foreign
intelligence and counterintelligence activities of the
United States Government. The Board's area of concern shall
include quality of foreign intelligence collection and est}mates
production, organization and management of the foreign
intelligence community, and compliance of the foreign
intelligence community with applicable provisions of the
Constitution and laws of the United States, executive orders,
and directives of the President and the National Security
Council."
REASON: "Production" is a broader term than "estimates."
The President may issue directives which are
not NSC directives.
Reference Section 1 (b):
11(b) receive, consider and make recommendations with
respect to matters identified to the Board by the Director
of Central Intelligence or by officials of the-Central
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BareaA-Qr-lr~estigaien-and-ether Government departments,
agencies, and organizations of the foreign intelligence
community."
REASON: The retained wording is all-inclusive.
The wording struck out is not considered to
add anything to the paragraph.
"Section -2. The Board may. receive, investigate, consider
and make appropriate recommendations with respect to allegations
of improprieties involving agencies within the foreign .
intelligence community made by employees of such agencies.
-ti~is-ee~eeten In addition, the Director of Central
Intelligence, the Director 6--f-74P-1 the Federal Bureau of
Investigation, and the heads of other eparT_men s; agencies
and organizations comprising the foreign intelligence community,
and the Inspectors General thereof, o-a~aaa1_sm_h~~
may seek 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 Chairman of the Board may
request the advice and opinion of the Attorney General, and
may designate a special panel of the Board to r-a-ee-3.vre review
such allegations-and make recommendations on them to the
Board arr-stxah-all gat c rrs . "
REASON: The matter of an IG going to the Board in
appeal from the decision of his agency head
is covered in Section 4(b). Its inclusion
here is confusing. The Board Chairman should
have specific authority to go to the Attorney
General. Other changes are editorial.
Reference Section 4 (a)
Delete the last word, so the final phrase reads:
"and the Inspectors General thereof, shall }-a y-:
REASON: "Regularly" implies periodic, and it is
not considered this is what is intended.
2
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Reference Section 4 (a) (2)
"(2) notify the Board, as appropriate, of major issues
in the foreign intelligence community."
REASON: Some major issues such as those presented
to the 40 Committee, would not in all
cases need to be submitted to the Board,
so a qualifying phrase has been introduced.
Reference Section 4(b)
"(b) Each Inspector'General (or other official with
equivalent duties) of the foreign intelligence community
may appeal decisions of the head of his organization
directly to the Board provided that he shall first
notify the head of his organization of such appealrshall
hare-the-a~tthe~ity-to-~epe~t-c~i~eetly-te-the-Beard,
?afte~-netifying-the-head-ef-leis-erga~isatie~;-te
REASON: Clarity
Reference Section It (c)
"(c) The head of each organization in the foreign
intelligence community shall designate in writing to the
Board the name of an individual. and office to serve as the
primary point of contact in support of Board functions. Iri
a44 444, en3-the-Beard-is-a tl~e ged-?te-aall--Rpen--pepeen&-at
all-levels-witk~i~-the-f ensign-i~telligenee-aer~~xu~ity .
REASON: Deletion of the final sentence is recommended
in order to regularize contact of the
Board with organizations of the community.
The Board should deal with each organization
either through its senior official or
the designated officer. Provision
already has been made in Section 2 for
employees of intelligence organizations
to contact the Board on matters of
alleged improprieties.
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Reference Section 5
This section makes no mention of the number of members
to be appointed, their tenure, nor the salary level. It is
considered all three of these matters should be treated in
Section 5.
Reference Section 6
"Substantial time" is ambiguous; it is suggested either
"full-time" or "more than half-time" be substituted.
Reference Section 7
Careful check should be made of the legality of the
provision that a military officer detailed to the Board
"shall be subject to no supervision, control, restriction or
prohibition" from his department. There may well be statutory
provisons which this Executive Order could not override.
For example, a military officer probably would still be
subject to military court martial even though assigned to
the Board staff.
Proposed addition as a new Section 5, with all subsequent
sections renumbered.
"Section 5. The Board shall report to the President
regularly regarding the functions enumerated herein, and
shall provide an annual unclassified report to the President
for his approval and public release, evaluating the performance
of the US foreign intelligence community. This unclassified
report shall be supported by such classified annexes as the
Board considers necessary.
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