REVISED EXECUTIVE ORDER 11905

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP85-00988R000400110065-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 49
• Document Creation Date: December 14, 2016
• Document Release Date: January 31, 2003
• Sequence Number: 65
• Publication Date: August 15, 1977
• Content Type: MF

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STAT
STAT:
IL ;;
DECLASSIFICATION AND RELEASE. OSD GGC 7?-c ,
REVIEW COMPLETED -16 _ f 7
15 August 1977
MEMORANDUM FOR JACK BLAKE, CIAO ,~`~~
HAROLD SAUNDERS, STATE
LTG WILLI_LM Y. SMITH, OJCS
V'ADM BOBBIE INMAN
EDWARD GILLER, ERDA
THOMAS LEAVITT, FBI
/FOSTER COLLINS, TREASURY.
MG HAROLD A-002,1, AFP tY
RADM D. P. HARVEY, NAVY
MG JAMES L. BR0tdN, USAF
SUBJECT; Revised Executive Order 11905
Attached is a draft of the Executive Order to implement Presidentia1TATINTL
Directive NSC-17 on intelligence reorganization. The draft was ,s
together by a small .working group in which Deanne Siemer,
and the undetsigued representec? Defense and the DCI.
A meeting of all addressees is--scheduled for 1530 hours, Thursday,
18 August 1977, at the Co,:=,unity Headquarters Building on F Street
to discuss the proposed Executive Order,
on Daniel J. Murphy
,, ti:ng Deputy to t_he Director of
Central Tnt-ol Y ; --- ., Admiral, USN (Ret.)
Office of the Secretary of Defense
I Attachment
a/s
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Executive Order
United States.Foreign Intelligence Activities
Section
-Description
PURPOSE............ .......................
DEFINITIONS ............... ............... .
Page
2
2
CONTROL AND DIRECTION OF NATIONAL
INTELLIGENCE ORGANIZATIONS ................
(a) National Security Council------------ G
(b) Policy Review Committee-- ----------- 7
(c) Special Coordination Commmittee-------, 9
(d) Director of Central Intelligence----= 12
(e) National Intelligence Tasking
Center----- ---------------------- 17
(f) National Foreign Intelligence
Board------------------------------ - 20
RESPONSIBILITIES AND DUTIES Or THE
INTELLIGENCE COMMUNITY ..................... . 21
(a) Purpose----------------------------- 21
(b) Senior Officials of the
Intelligence Community-------------- - - - 22
(c) Central Intelligence Agency---------. 23
(d) Department of State ----------------- 26
(e) Department. of -the -.Treasury- ------ 27
(f) Department of Defense---------------- - 28
(g) ..Department of Energy ---=------_ ----- 32
(h) -Federal Bureau of ' Investigation----- '33
(1). Drug Enforcement Administration----- 35
5 RESTRICTIONS ON INTELLIGENCE ACTIVITIES-- 35
to Other Agencies------------------ 42
f) Prohibition of Assassination--------- 43
35
36
41
Enforcement Authorities ------------ 41
(e) Restrictions on Personnel Assigned
(a) Purpose-----------------------------
(b) Restrictions on Collection----------
(c) Restrictions on Experimentation-----
(d)__ Restrictions on Assistance to Law
(q) Dissemination and Storag;r ------------ 43
6 OVERSIGHT OF INTELLIGENCE ORGANIZATIONS . 43
PROTECTION OF INTELLIGENCE .............. 47'
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By virtue of 'the authority vested in me' by the.
Constitution and statutes of the United States, includ- -
ing the National Security Act of 1947, as amended, and
as President of the United States of America,
hereby ordered as follows:
is
Section 1. Purpose. The-purpose of this Order
tor of Central Intelligence and the intelligence
departments and a9er~cies and.. to establish f f ect'
-the. effectiveness of-counterintelligence activities,-to
clarify the authority and responsibilities of.the Direc-
intelligence needed-for national security,. to improve
is to establish policies to improve the quality of
. oversight to assure compliance with law in 'the manage-.
...ment and direction of intelligence. agencies and depart-
ments of the
federal 3overnment.
Section 2. De-fini_tions_ For the purpose of this
(a) Electronic-"surveillance means acquisition of
a non-public coL unication by electronic means, without
-Order-,,.
_:the follow rang- terms -shall have these meanings :
the consent of a person who is a party for or, in the
case of a non-electronic communication, visibly present
at, the communication.
(b) Employee means a person employed by, assigned
or detailed to, or acting for an agency, office or ele-
ment of the Intelligence Community.
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tc) Intelligence includes:
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(1) Foreign intelligence which means informa-.
tion, other than foreign counterintelligence, relating
to.the capabilities, intentions and activities of.foreign
powers, organizations, persons or their agents; and
(i) the protection of the United States
(2) Foreign counterintelligence which means
information relating _to:
and United States citizens from espionage and other
clandestine intelligence activities, sabotage, interna-
-tional terrorist activities or assassination conducted
for or on behalf of foreign powers,-organizations*or
persons and
(ii.) the protection of intelligence or
national security information.and-its means of collection
from detection or-.disclosure, but not including personal,
physical or document-security programs.
`(d) Intellig-ance- Community and agency or agencies
within the Intelilgence Community refers to the following
organizations:
(1)
Central Intelligence Agency (hereinafter CIA) ;
(2)
National Security Agency (hereinafter NSA);
(3)
Defense Intelligence Agency (hereinafter DIA);
(4)
Offices within the Department
of
Defense for the collection of
.national foreign intelligence
specialized
through
reconnaissance programs;
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(5) National foreign intelligence and foreign
counterintelli ence elements of the mili-
tary services;
(6) Foreign counterintelligence element of
the Federal Bureau of Investigation
(hereinafter FBI);
(7) Foreign intelligence element of the
Department of State; -
(.8) Fgreicrn intelligence element of the
Department of the Treasury;
(9) Foreign intelligence element of the
Department of Energy; and
(10) -Foreign intelligence element of the`Drug
Enforcement Administration (hereinafter
DEA)
(e) National Foreign Intelligence Program means
(1) CIA;
(2) -Ths Consolidated Cryptologic Program;
(3) The-offices within the Department of
Defense-for the collection of specialized
national foreign intelligence through
.reconnaissance programs;
(5) Elements of the agencies within the Intelli-
gence Community designated by both the Direc-
.tor of Central Intelligence and the head of the
(4) General Defense Intelligence Program; and
department or agency involved as operating
cludinq national counterintelligence
programs, but not including tactical
intelligence programs.
(f) International terrorist activities means violent
acts or acts dangerous to human life, or threats of such
tact, transcending national boundaries, which appear to be
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he programs of
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intended to fu her political, social, economic goals
by assassination, kidnapping, or intimidating or coercing
the public or a government or to obtain widespread
publicity for a group or its cause, and includes acts
-directly supportive of such acts.
(g) National security information has the meaning
.ascribed to it in Executive Order No. 11652, as amended_
(h) Physical surveillance means an unconsented
systematic and deliberate observation by any means on a
continuing basis, except for overhead reconnaissance not
directed. at specific United States persons; or unconsented
acquisition of a non-public oral communication by a person
not a party thereto or visibly present thereat through an"r
.means not involving electronic surveillance.
(i.)... Special activities in support of national
foreign policy objectives means--activites, other than
the collection and production of intelligence and related
support-functions, -which are -designed to further -official
United States programs and policies abroad and which are
planned and executed so that the role of the United States
Government is not apparent or publicly acknowledged.
(j) United States person means a citizen of the
United States, an alien lawfully admitted for permanent
residence, an unincorporated association a substantial
number of members of which are citizens of the United
States or aliens lawfully admitted for permanent residence
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or a corporation incorporated in the United States, but
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not including an unincorporated association or a corpor-
ation directed and controlled by a foreign power or an
agent or agents of a foreign power.
Section 3. Control 'and Direction 'of National
Intelligence Organizations.
(a) National Security Council.
(1) The National Security Council was
.established by the National Security Act of 1947 to
advise the President with respect to the integration
of domestic,. foreign, and military policies relating=
to the national security. Statutory members of the
National Security Council are the President, the Vice
President, the .Secretary of State, ' and the Secretary
of Defense.
(2) The National Security Council shall:
(i) :Provide guidance for and. direction
to -the development-and
gence activities-;
(ii) Make recommendations to the President
with respect to the transfer of functions from the Director
of-Central Intelligence to the Secretary of Defense when
a change from peacetime occurs and with respect to other
matters affecting the organization of national intelli--
gence activities; and
(iii) Conduct a semi-annual review of national
intelligence polic and of ongoing special activities
formulationof national-intelli-
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in support of national foreign po. icy o )ecLi.
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.(3) The National Security Council shall
establish such subcommittees or advisory committees for
policy review or coordination as it deems appropriate
to carry out its functions. When such committees are
utilized under the titles Policy Review Committee or
Special Coordination Committee, they shall be distin-
guished clearly from. the committees described in
Section 3 of this Order.
(b) Policy .ev'-ie;,~, Committee
(1) There is established the- Policy Review
Committee which shall be composed of the''Director of
Central Intelligence; who shall be 'chairman,
the Secretary of State, the Secretary of Defense, the
Secretary of the- r.e-asury, and the Assistant to the
President for National Security Affairs, or their
designees, and such other representatives of other
Executive -depart-- e-nts--and agencies-as the chairman,
with the advice of-the committee, shall deem appropriate-
The Policy Review-- Committee shall report directly to
the National Security Council.
(2) The Policy Review Committee shall:
(i) Define and set out national foreign
intelligence requirements;
(ii) Establish appropriate priorities
among the national foreign intelligence requirements
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(li-i) Evaluate analytical intelligence
product performance and develop policy for assuring high
quality in intelligence products;
(iv)' Develop effective working relation-
ships between agencies within the Intelligence Community
and other government agencies and departments which will
protect the mission integrity and program autonomy of
reporting entities and optimize support and responsiveness
to national foreign intelligence requirements; and.
(v) Conduct a semi-annual review of
.national intelligence product and performance which shall
consider the needs of users of national inte:-~l-1-3_gen_ce and
the timeliness and quality of_ national intelligence produc ;-s
As: .part of these- reviews, the Policy Review Committee -shall
consult with such users-- of national intelligence, not
.regularly represented.: on th.e--Committee,'as designated by
...the._Na.tional Security Counci-1.
(3) .The Policy Review Committee shall be
supported by the staff of the National Security Council
headed by the Deputy Assistant to the President for
National Security Affairs.
(4) The Policy Review Committee shall establish
such subcommittees or advisory committees as it deems
'appropriate to carry out its functions.
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(5)
Decisions of the Policy Review Committee
may be reviewed by the National Security Council on
appeal by any member of the National Security Council or
the Director of Central intelligence.
(c) The Special Coordination Committee
(1) There is established the Special
Coordination Committee which shall be composed of the
Assistant to the President for National Security Affairs,
who shall be_ chairman-, . the 'Secretary of State, the
-Secretary of Defense, the -Chairman of the Joint Chiefs
of Staff., and the Director of Central Intelligence, or
their designees_ The Attorney General and the Director
of the Office of Management and Budget or their designees
and- others designated.by-the President may attend all
meetings as observers._... The 'Special Coordination Committee
shall-report directly to the National Security Council.
(2) The Special Coordination Committee
with respect to national foreign- intelligence:
s~zal 1,
(1) Consider and develop a policy recom--
mendation., including any dissents,- for the President prior
to his decision on each special activity in support of
national foreign policy objectives
(ii) Develop guidelines for the Director
of Central Intelligence as to the special activities in
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to
support of national foreign policy objectives that
warrant consideration by the Special Coordination
(iii) Approve specific sensitive
national intelligence collection operations as designa-
ted by the Special Coordination Committee;
(iv) Conduct periodic reviews of
programs previously considered by the Special Coordination
Committee and of ongoing sensitive national intelligence
collection operations; and
(v)
Provide to the National Security
Council a semiannual report on activities of the
,.Special Coordination Ccmmittee.
(3) The- .Spec?a-l Coordination Committee shall,
with respect to foreign counterintelligence:
(1) -Develop policy for the management
of the national foreign counterintelligence program'..
including objectives, priorities, conduct and unified
di rection ;
(ii) Develop uniform standards and
doctrine for the national foreign counterintelligence
activities of the United States.
(iii) Oversee the execution of national
foreign counterintelligence policy by resolving
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Committee;
 implementation problems including the G%tent, nature and
locus of coordination; training; liaison with foreign
services; and methods of operations;
(iv) Develop and monitor guidelines
for the maintenance of central records of national foreign
counterintelligence information;
(v) Prepare and submit to the President
an annual assessment of the threat to United States interests
from the activities of intelligence and security services
of foreign powers, and an assessment of the effectiveness of
the United States counterintelligence activities against this
threat; and
(vi) Review arty- specific national foreign
counterintelligence proposal or activity which. involves ca,rti-
cularly sensitive or important national policy or political
(4) The- Special: Coordination "Com-nittee shall dis-
charge the responsibilities assigned by subparagraphs (c)(2)(i)
and (c) (2) (iii) of" this section only after consideration in a
formal . meeting attended by all members and observers or their
designees-
'(5) The Special Coordination Committee shall be
supported by the staff of the National Security Council
headed by the Deputy Assistant to the President for National
Security Affairs.
(6) Decisions of the Special Coordination Committee
may be reviewed by the National Security Council or, appeal
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(d) The Director of Central Intelligence
(1) The Director of Central Intelligence, whose position
was established by the National Security Act of 1947, shall be
responsible directly.-to the President and the National Security
.: Council.
(2) The Director of Central Intelligence shall:
(i) Act..as- the President's primary adviser on national
foreign intelligence and provide the President and other-
officials in the Executive Branch with national foreign:
intelligence>
(ii) Act as Executive Head of the CIA-and of such
staff elements. as tray be requ i r?d for discharge of his
Intelligence Communi-ty responsibilities.
(iii ) Chair the Policy Review CorrJni ttee and the
National Foreign Intelligence-Board.'
(iv) Act as the principal spokesman to the Congress
for the Intell-igence Community and facilitate the use of
-national foreign intelligence products by the Congress,
(v) Have full and exclusive authority for approval
of .the National Foreign Intelligence Program budget.
Related budget actions shall be executed as follows:
(A) The Director of Central Intelligence shall
provide guidance for program and budget development
to department and agency heads as well as to program
managers and heads of component activities
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7 ve i n he la t7 ona ores c n rogram,
to include submission format, review schedules and
essential justification.
(B) The heads of departments and agencies involved
in national foreign intelligence activities shall ensure
timely development and submission of proposed national
program budgets to the Director of Central Intelligence
by the program managers and heads of component activities
(C) The heads of departments and agencies involved
it national foreign intelligence activities shall. ensure
that the Director of Central Intelligence is provided
all the information necessary to perform the Director's
budgetary responsibilities in a timely and responsive
.manner.
(U) ...The Director of Central Intelligence shall review
acid evaluate the -nati oval program budget submissions and,
with the advice-of the National Foreign Intelligence Board
and the departments and agencies concerned, develop the
consolidated. National Foreign Intelligence Program budget
and--present it to the President through the Office of
Management and Budget,
(E) The departments and agencies may appeal decisions-
by the Director of Central Intelligence on budget matters to
the President.
(F) After its approval by the President, the Director
of Central Intelligence shall present and justify the
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(G) ,The Director of Central Intelligence shall
have full and exclusive authority within Congressional
guidelines for reprogramming National Foreign Intelligence
Program funds.
(H) The'Director of Central Intelligence shall
es tabl-i shed by the Policy Review Committee, appropriate
goals, objectives and such other guidance for the Intelli-
gence Comm iun i ty- as will enhance capabilities to respond
-to expected future-needs for national foreign intelligence.
(vii) Have full responsibility for production and
-- disseminat-ior- of national foreign intelligence, in
appropriate consultation with departmental intelligence
.production organizations, and have authority to levy
analytic tasks on such organizations.
(viii) Organize and direct the activities of the National
Intelligence Tasking Center.
(ix) Promote the development and maintenance of services
AW
of cor;inon concern by designated foreign intelligence organi za-
ti ons on. behalf of the Intelligence Co,,-i ty.
monitor National Foreign Intelligence Program imple-
mentation and may conduct, as appropriate, program
-audits and evaluations.
(vi) Develop, from the requirements and priorities
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 activities in support of national foreign policy objectives.
(xi) Establish procedures to ensure the propriety of
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(x) Ensure appropriate implementation of special
requests, and responses thereto, from the White House staff
` 15
and other Executive departments and agencies to the Intelligence
Con nuni ty.
(xii) Establish a vigorous program to downgrade and
declassify-foreign intelligence information as appropriate
and consistent with relevant Executive Orders, and with due
re and to protection of sources and methods.
(xiii) Ensure that appropriate programs are developed
which properly protect intelligence sources, methods and
Etna iytical procedures. This responsibility shall be limited
within the United States to:
(A) "Protection- by lawful means against disclosure
by present or former employees of Federal departments
and agencies, or-persons,-or, employees of persons or
organizations, presently or-formerly under contract
with them;
(B) Providing criteria, guidance and technical
assistance to Government departments and agencies
performing national foreign intelligence activities;
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ftw"
(C) Devising procedures and issuing. criteria to
protect intelligence information, including information
that may reveal intelligence sources and methods, which
is disseminated to Federal departments and agencies, or
their contractors, within the United States; and
(D) In cases involving serious or continuing
security violations, recommending to the Attorney
General that the case be referred to.thee FBI for.further
investigation.
(xiv) Undertake to-represent the Executive Branch in
matters involving the Judicial Branch where there is a need
to explain o " verify the need for protection of intelligence
sources or methods or national foreign intelligence information.
(xv) Ensure-_the-establishment, by the Intelligence
Community, of common security standards for-managing and
handling foreign intelligence systems,' information and products,
a.nd._for granti ng__access_..thereto in accordance with relevant
Executive Orders.
(xvi) Participate with the Attorney General in the develop-
ment of procedures governing intelligence activities and
promulgate guidelines, as approved by the Attorney General,
for the implementation of such procedures.
(xvii) Establish uniform criteria for the identification,
selection and designation of relative priorities for the
transmission of critical national foreign intelligence
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information, and provide the Secretary of Defense with
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continuing guidance as to the communications requirements
of the Intelligence Community for the transmission of such
intelligence.
(xviii) Establish such committees or other advisory-groups
as are deemed appropriate to assist in the execution of the
foregoing responsibilities.
(3) The Director of Central Intelligence shall have authority
to appoint such subordinate management officers as are considered
-necessary, and these officers shall have such authority as,the
Director of Central -Intelligence may prescribe in accordance with
relevant Executive Orders.
(4) To assist the Director of Central Intelligence in the
b
fulfillment of responsibilities assigned to this Order, the heads
. of all Executive Branch.departrents and agencies shall give the
Director-of Central Intelligence. access to-.all in-Formation
relevant to the-foreign intelligence-'needs of the United States.
-The -Di rector- os --Cen-tral Intelligence shall take appropriate steps
to maintain its confidentiality.
(e) National Intelligence Tasking Center - -
(l) There is established a National Intelligence Tasking
Center under the operational direction and management of the
Director of Central Intelligence for coordinating and tasking
national intelligence collection a ctivities_ The Director of
Central Intelligence shall appoint the senior officer of the
Center.
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(2) The National Intelligence Tasking Center shall be the
central mechanism by which the Director of Central Intelligence:
(i) 'Translates the national foreign intelligence
requirements and priorities developed by the Policy
Review Committee into specific collection guidance to the
Intelligence Community.=
(ii) Assign--tasks to all national intelligence
collection systems;
(iii) Ensures the timely dissemination and processing
exploitation-of information gathered by national foreign.
71,
intelligence collection means; and
(iv) Provides advisory tasking or guidance with respect
to collection of national foreign intelli-pence information
to departments and agencies that have information collection
capabilities -or intel1--igence assets that are riot a part of
the National Foreign Intelligence Program.. Particular
emphasis shall be placed on increasing the contribution of
Executive departments or agencies to the collection of
information through overt means.
(4) The tasking authority of the National Intelligence -
Tasking Center shall include:
(i) Specification of the information sought;
(ii) Identification of the targets to be covered;
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(iii) Indication of the priority of needs; and
19
(iv) The required timeliness.
(5) The National Intelligence Tasking Center shall have
the authority to resolve conflicts--of priority as necessary.
(6) The National Intelligence Tasking Center shall be
jointly manned by civilian and military personnel, who shall
include designated representatives of the chiefs of each of the
Department of Defense intelligence organizations engaged in
national foreign intelligence activities. Other organizati.ons
of the-Intelligence Community may also 'designate representatives.
(7) In time of crisis or war, all powers, functions and
responsibilities of the Director of Central Intelligence with
respect to the National Intelligence Tasking Center may be
..transferred to the Secretary of Defense. upon the express direction
of the President- To maintain readiness for such transfer, the
Secretary of Defense shall, on regular and appropriate
occasions as jointly .agreed. with the Director of-Central
Intelligence, assume temporarily all powers, functions and
responsibilities of the Director of Central Intelligence with
respect to the National Intelligence Tasking Center.
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(f) National Foreiqn Intelligence Board
(1) There is established a National Foreign
Intelligence Board which shall be composed of the
Director of Central Intelligence, who shall be chairman,
a*Deputy Director of Central Intelligence, and the
senior intelligence officers of the Department of State,
the-Department of Defense, the Defense. Intelligence
Agency, the National Security Agency, the Department of
Energy, the Federal Bureau of Investigation, and the--'
Department-of the Treasury. The senior intelligence
officers of the Army, Air Force and Navy may attend
all meetings as observers-
(2) The National Foreign Intelligence Board
shall advise the Director of-Central Intelligence with
respect to:
_(i) the- National Foreign Intelligence
Program- budget;
(ii) interagency exchanges of foreign
intelligence information;
(iii) policy on arrangements with foreign
governments on intelligence matters;
(iv) production, review and coordination
of national foreign intelligence;
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(v) the protection of sensitive in-
telligence sources and methods and
ligence information; and
f sensitive intel-
(vi) such other matters as referred to
.it by the Director of Central Intelligence.
(3) The_ National Foreign Intelligence Board
shall be supported by staff provided by the Director of
Central Intelligence.
Section 4. =Responsibilities and Duties of the
Intelligence Community.
(a) Purpose. The rules of operation prescribed
by this section of the Order-relate to the activities
pf the Intelligence Community. In some instances,
.detailed implementation of this Order will be
contained in classified documents because of the sensi-
tivi_ty of the info