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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
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* 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
following:
(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
to COMINT.
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