[Executive Orders]
EXECUTIVE ORDER NO. 12334
Ex. Ord. No. 12334, Dec. 4, 1981, 46 F.R. 59955, as amended by
Ex. Ord. No. 12701, Feb. 14, 1990, 55 F.R. 5953, which established
the President's Intelligence Oversight Board, was revoked by Ex.
Ord. No. 12863, Sec. 3.3, Sept. 13, 1993, 58 F.R. 48441, set out
below.
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Executive Order 12334--President's Intelligence Oversight Board
Source: The provisions of Executive Order 12334 of Dec. 4, 1981,
appear at 46 FR 59955, 3 CFR, 1981 Comp., p. 216, unless
otherwise noted.
By the authority vested in me as President by the Constitution
and statutes of the United States of America, and in order to
enhance the security of the United States by assuring the
legality of activities of the Intelligence Community, it is
hereby ordered as follows:
Section 1. There is hereby established within the White House
Office, Executive Office of the President, the President's
Intelligence Oversight Board, which shall be composed of three
members. One member, appointed from among the membership of the
President's Foreign Intelligence Advisory Board, shall be
designated by the President as Chairman. Members of the Board
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
Board shall utilize such full-time staff and consultants as
authorized by the President.
Sec. 2. The Board shall:
(a) Inform the President of intelligence activities that any
member of the Board believes are in violation of the Constitution
or laws of the United States, Executive orders, or Presidential
directives;
(b) Forward to the Attorney General reports received concerning
intelligence activities that the Board believes may be unlawful;
(c) Review the internal guidelines of each agency within the
Intelligence Community concerning 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 Board deems necessary to
carry out its functions under this Order.
Sec. 3. The Board shall, when required by this Order, report
directly to the President. The Board 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 Board shall
advise and make appropriate recommendations to the Director of
Central Intelligence, the Central Intelligence Agency, and other
agencies of the Intelligence Community.
Sec. 4. The heads of departments and agencies of the Intelligence
Community shall, to the extent permitted by law, provide the
Board with all information necessary to carry out its
responsibilities. Inspectors General and General Counsel of the
Intelligence Community shall, to the extent permitted by law,
report to the Board concerning intelligence activities that they
have reason to believe may be unlawful or contrary to Executive
order or Presidential directive.
Sec. 5. Information made available to the Board shall be given
all necessary security protection in accordance with applicable
laws and regulations. Each member of the Board, each member of
the Board's staff, and each of the Board's consultants shall
execute an agreement never to reveal any classified information
obtained by virtue of his or her service with the Board except to
the President or to such persons as the President may designate.
Sec. 6. Members of the Board shall serve without compensation,
but may receive transportation, expense, and per diem allowances
as authorized by law. Staff and consultants to the Board shall
receive pay and allowances as authorized by the President.
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