Mystery Babylon

Charter

5/4/54/OS143
A 20707 NSA TS CONTL. NO 73-00405
COPY: D321
													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 Communication 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 reconstituted as a body acting for and under the Special 
Committee, and shall operate in accordance with the provisions of
the new directive. Only those departments or agencies represented in USCIB 
are authorized to engage in COMINT activities.

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 
recommendations 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 the NSA.

	(1) The Board shall reach its decision by majority vote.
	Each member of the Board shall have one vote except the
	representatives 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 of the 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
		an 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 con
		sultation 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 matter 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 or in writing, as the Board my request, and
	shall bring to the attention of the Board either in such reports 
	or otherwise any 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 provision of NSCID No. 5, to supervise all arrangements 
	with foreign governments in the field 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 the 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.

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 of 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 communications other
than foreign press and propaganda broadcasts and the obtaining of information 
from such communications by other than 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 reactivated 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 
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 or civilian departments or agencies is
required, the Director shall normally issue instruction 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 
and 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 on 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 instruction 
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 of 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 hare authorized to receive
	the products of COMINT.
	
	(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 operations 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 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.

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 representatives 
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 responsibility 
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 actives requires that they be treated
in all respects as being outside the framework of other or general intelligence 
activities. Order, 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 actives, unless
specifically so stated and issued by competent departmental of agency
authority represented on the Board. Other National Security Council Intelligence 
Directive to the Director of Central Intelligence and related
implementing directives issued by 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.

/s/ HARRY S TRUMAN