A 20707 5/4/54/OSO   COPY

                                                       Oct 24 1952

MEMORANDUM FOR:  The Secretary of State
                 The Secretary of Defense

SUBJECT:         Communications Intelligence Activities

     The communications intelligence (COMINT) activities of the United States

are a national responsibility.  They must be so organized and managed as to

exploit to the maximum the available resources in all participating departments

and agencies and to satisfy the legitimate intelligence requirements of all

such departments and agencies.

     I therefore designate the Secretaries of State and Defense as a Special

Committee of the National Security Council for COMINT, which Committee shall,

with the assistance of the Director of Central Intelligence, establish policies

governing COMINT activities, and keep me advised of such policies through the

Executive Secretary of the National Security Council.

     I further designate the Department of Defense as executive agent of the

Government, for the production of COMINT information.

     I direct this Special Committee to prepare and issue directives which

shall include the provisions set forth below and such other provisions as the

Special Committee may determine to be necessary.

     1.  A directive to the United States Communications Intelligence Board

(USCIB).  This directive will replace the National Security Council Intelligence

Directive No. 9, and shall prescribe USCIB's new composition, responsibilities

and procedures in the COMINT fields.  This directive shall include the

following provisions:

         a.  USCIB shall be constituted as a body acting for and under

     the Special Committee, and shall operate in accordance with the pro-

     visions of the new directive.  Only those departments or agencies repre-

     sented in USCIB are authorized to engage in COMINT activities.

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         b.  The Board shall be composed of the following members:

             (1) The Director of Central Intelligence, who shall be the

         Chairman of the Board.

             (2) A representative of the Secretary of State.

             (3) A representative of the Secretary of Defense.

             (4) A representative of the Director of the Federal

         Bureau of Investigation.

             (5) The Director of the National Security Agency.

             (6) A representative of the Department of the Army.

             (7) A representative of the Department of the Navy.

             (8) A representative of the Department of the Air Force.

             (9) A representative of the Central Intelligence Agency.

         c.  The Board shall have a staff headed by an executive secretary

     who shall be appointed by the Chairman with the approval of the majority

     of the Board.

         d.  It shall be the duty of the Board to advise and make recom-

     mendations to the Secretary of Defense, in accordance with the following

     procedure, with respect to any matter relating to communications

     intelligence which falls within the jurisdiction of the Director of NSA.

             (1) The Board shall reach its decision by a majority vote.

         Each member of the Board shall have one vote except the repre-

         sentatives of the Secretary of State and of the Central Intelligence

         Agency who shall each have two votes.  The Director of Central

         Intelligence, as Chairman, will have no vote.  In the event that

         the Board votes and reaches a decision, any dissenting member of

         the Board may appeal from such decision within 7 days to the

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         Special Committee.  In the event that the Board votes but fails

         to reach a decision, any member of the Board may appeal within

         7 days to the Special Committee.  In either event the Special

         Committee shall review the matter, and its determination thereon

         shall be final.  Appeals by the Director of NSA and/or the

         representatives of the Military Departments shall only be filed

         with the approval of the Secretary of Defense.

             (2) If any matter is voted on by the Board but -

                 (a) no decision is reached and any member files an appeal;

                 (b) a decision is reached in which the representative

             of the Secretary of Defense does not concur and files and appeal;

         no action shall be taken with respect to the subject matter until

         the appeal is decided, provided that, if the Secretary of Defense

         determines, after consultation with the Secretary of State, that

         the subject matter presents a problem of an emergency nature and

         requires immediate action, his decision shall govern, pending the

         result of the appeal.  In such an emergency situation the appeal

         may be taken directly to the President.

             (3) Recommendations of the Board adopted in accordance with

         the foregoing procedures shall be binding on the Secretary of

         Defense.  Except on matters which have been voted on by the

         Board, the Director of NSA shall discharge his responsibilities

         in accordance with his own judgment, subject to the direction

         of the Secretary of Defense.

             (4) The Director of NSA shall make such reports and furnish

         such information from time to time to the Board, either orally

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         or in writing, as the Board may request, and shall bring to the

         attention of the Board either in such reports or otherwise by

         new major policies or programs in advance of their adoption by him.

         e.  It shall also be the duty of the Board as to matters not falling

     within the jurisdiction of NSA;

             (1) To coordinate the communications intelligence activities

         among all departments and agencies authorized by the President

         to participate therein;

             (2) To initiate, to formulate policies concerning, and subject

         to the provisions of NSCID No. 5, to supervise all arrangements

         with foreign governments in the filed of communications intelligence; and

             (3) To consider and make recommendations concerning policies

         relating to communications intelligence of common interest to the

         departments and agencies, including security standards and practices,

         and, for this purpose, to investigate and study the standards and

         practices of such departments and agencies in utilizing and

         protecting COMINT information.

         f.  Any recommendation of the Board with respect to the matters

     described in paragraph e above shall be binding on all departments or

     agencies of the Government if it is adopted by the unanimous vote of

     the members of the Board.  Recommendations approved by a majority, but

     not all, of the members of the Board shall be transmitted by it to the

     Special Committee for such action as the Special Committee may see fit

     to take.

         g.  The Board will meet monthly, or oftener at the call of the

     Chairman or any member, and shall determine its own procedures.

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     2.  A directive to the Secretary of Defense.  This directive shall

include the following provisions:

         a.  Subject to the specific provisions of this directive, the

     Secretary of Defense may delegate in whole or in part authority over

     the Director of NSA within his department as he sees fit.

         b.  The COMINT mission of the National Security Agency (NSA) shall

     be to provide an effective, unified organization and control of the

     communications intelligence activities of the United States conducted

     against foreign governments, to provide for integrated operational

     policies and procedures pertaining thereto.  As used in this directive,

     the terms "communications intelligence" or "COMINT" shall be construed

     to mean all procedures and methods used in the interception of communi-

     cations other than foreign press and propaganda broadcasts and the

     obtaining of information from such communications by other than the

     intended recipients,* but shall exclude censorship and the production

     and dissemination of finished intelligence.

         c.  NSA shall be administered by a Director, designated by the

     Secretary of Defense after consultation with the Joint Chiefs of Staff,

     who shall serve for a minimum term of 4 years and who shall be eligible

     for reappointment.  The Director shall be a career commissioned officer

     of the armed services on active or reactivate status, and shall enjoy

     at least 3-star rank during the period of his incumbency.

         d.  Under the Secretary of Defense, and in accordance with approved

     policies of USCIB, the Director of NSA shall be responsible for accomplishing


* See Public Law 513 -- 81st Congress 1950.
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     the mission of NSA.  For this purpose all COMINT collection and

     production resources of the United States are placed under his

     operational and technical control.  When action by the Chiefs of

     the operating agencies of the Services and civilian departments or

     agencies is required, the Director shall normally issue instructions

     pertaining to COMINT operations through them.  However, due to the

     unique technical character of COMINT operations, the Director is

     authorized to issue direct to any operating elements under his

     operational control task assignments any pertinent instructions which

     are within the capacity of such elements to accomplish.  He shall

     also have direct access to, and direct communication with, any elements

     of the Service or civilian COMINT agencies or any other matters of

     operational and technical control as may be necessary, and he is

     authorized to obtain such information and intelligence material from

     them as he may require.  All instructions issued by the Director

     under the authority provided in this paragraph shall be mandatory,

     subject only to appeal to the Secretary of Defense by the Chief of

     Service or head of civilian department or agency concerned.

         e.  Specific responsibilities of the Director of NSA include the


             (1) Formulating necessary operational plans and policies for

         the conduct of the U.S. COMINT activities.

             (2) Conducting COMINT activities, including research and

         development, as required to meet the needs of the departments

         and agencies which are authorized to receive the products of COMINT.

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             (3) Determining, and submitting to appropriate authorities,

         requirements for logistic support for the conduct of COMINT

         activities, together with specific recommendations as to what

         each of the responsible departments and agencies of the

         Government should supply.

             (4) Within NSA's field of authorized operations prescribing

         requisite security regulations covering operating practices,

         including the transmission, handling and distribution of COMINT

         material within and among the COMINT elements under his operational

         or technical control; and exercising the necessary monitoring and

         supervisory control, including inspections if necessary, to ensure

         compliance with the regulations.

             (5) Subject to the authorities granted the Director of

         Central Intelligence under NSCID No. 5, conducting all liaison

         on COMINT matters with foreign governmental communications

         intelligence agencies.

         f.  To the extent he deems feasible and in consonance with the aims

     of maximum over-all efficiency, economy, and effectiveness, the

     Director shall centralize or consolidate the performance of COMINT

     functions for which he is responsible.  It is recognized that in

     certain circumstances elements of the Armed Forces and other agencies

     being served will require close COMINT support.  Where necessary for

     this close support, direct operational control of specified COMINT

     facilities and resources will be delegated by the Director, during

     such periods and for such tasks as are determined by him, to military

     commanders or to the Chiefs of other agencies supported.

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         g.  The Director shall exercise such administrative control over

     COMINT activities as he deems necessary to the effective performance

     of his mission.  Otherwise, administrative control of personnel and

     facilities will remain with the departments and agencies providing them.

         h.  The Director shall make provision for participation by repre-

     sentatives of each of the departments and agencies eligible to receive

     COMINT products in those offices of NSA where priorities of intercept

     and processing are finally planned.

         i.  The Director shall have a civilian deputy whose primary responsi-

     bility shall be to ensure the mobilization and effective employment of

     the best available human and scientific resources in the field of cryptographic

     research and development.

         j.  Nothing in this directive shall contravene the responsibilities

     of the individual departments and agencies for the final evaluation of

     COMINT information, its synthesis with information from other sources, and

     the dissemination of finished intelligence to users.

     3.  The special nature of COMINT activities requires that they be treated

in all respects as being outside the framework of other or general intelligence

activities.  Orders, directives, policies, or recommendations of any authority

of the Executive Branch relating to the collection, production, security, handling,

dissemination, or utilization of intelligence, and/or classified material, shall

not be applicable to COMINT activities, unless specifically so stated and issued

by competent departmental or agency authority represented on the Board.  Other

National Security Council Intelligence Directives to the Director of Central

Intelligence shall be construed as non-applicable to COMINT activities, unless

the National Security Council has made its directive specifically applicable


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