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<xml><p>
The Charter is part of a recent <ent type='ORG'>FOIA</ent> request. - <ent type='ORG'>CJS</ent>
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At 12:01 ON the morning of November 4, 1952, a new federal
agency was born. Unlike other such bureaucratic births, however,
this one arrived in silence. No news coverage, no congressional
debate, no press announcement, not even the whisper of a rumor.
Nor could any mention of the new organization be found in the
<ent type='ORG'>Government</ent> Organization Manual of <ent type='ORG'>the Federal Register</ent> or the
Congressional Record. Equally invisible were the new agency's
director, its numerous buildings, and its ten thousand employees.</p>
<p> Eleven days earlier, on October 24, President Harry S Truman
scratched his signature on the bottom of a seven-page
presidential memorandum addressed to secretary of State <ent type='PERSON'>Dean</ent> G.
<ent type='PERSON'>Acheson</ent> and Secretary of <ent type='ORG'>Defense</ent> <ent type='PERSON'>Robert</ent> A. Lovett. Classified
top secret and stamped with a code word that was itself
classified, the order directed the establishment of an agency to
be known as <ent type='ORG'>the National Security Agency</ent>. It was the birth
certificate for America's newest and most secret agency, so
secret in fact that only a handful in the government would be
permitted to know of its existence.
-<ent type='PERSON'>James Bamford</ent>, The Puzzle Palace (1982) at 15.</p>
<div>*****************************************************************</div>
<p> A 20707 5/4/54/OSO
<ent type='ORG'>NSA</ent> TS <ent type='ORG'>CONTL</ent>. NO 73-00405
<ent type='ORG'>COPY</ent>: D321</p>
<p> Oct 24 1952</p>
<p>MEMORANDUM FOR: The Secretary of State
The Secretary of defense</p>
<p>SUBJECT: <ent type='ORG'>Communications Intelligence</ent> Activities</p>
<p> The communications intelligence (<ent type='ORG'>COMINT</ent>) 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 <ent type='ORG'>the Secretaries</ent> of State and <ent type='ORG'>Defense</ent>
as a Special <ent type='ORG'>Committee</ent> of <ent type='ORG'>the National Security Council</ent> for
<ent type='ORG'>COMINT</ent>, which <ent type='ORG'>Committee</ent> shall, with the assistance of the
Director of <ent type='ORG'>Central Intelligence</ent>, establish policies governing
<ent type='ORG'>COMINT</ent> activities. and keep me advised of such policies through
the <ent type='ORG'>Executive</ent> Secretary of <ent type='ORG'>the National Security Council</ent>.
I further designate <ent type='ORG'>the Department</ent> of <ent type='ORG'>Defense</ent> as executive
agent of the <ent type='ORG'>Government</ent>, for the production of <ent type='ORG'>COMINT</ent>
information.
I direct this Special <ent type='ORG'>Committee</ent> to prepare and issue
directives which shall include the provisions set forth below and
such other provisions as the Special <ent type='ORG'>Committee</ent> may determine to
be necessary.</p>
<p> 1. A directive to <ent type='GPE'>the United</ent> States Communication
Intelligence <ent type='ORG'>Board</ent> (<ent type='ORG'>USCIB</ent>). This directive will replace the
<ent type='ORG'>National Security Council Intelligence Directive</ent> No. 9, and shall
prescribe USCIB's new composition, responsibilities and
procedures in the <ent type='ORG'>COMINT</ent> fields. This directive shall include
the following provisions.
a. <ent type='ORG'>USCIB</ent> shall be reconstituted as a body acting for
and under the Special <ent type='ORG'>Committee</ent>, and shall operate in
accordance with the provisions of the new directive. Only
those departments or agencies represented in <ent type='ORG'>USCIB</ent> are
authorized to engage in <ent type='ORG'>COMINT</ent> activities.
b. <ent type='ORG'>The Board</ent> shall be composed of the following
members:
(1) The Director of <ent type='ORG'>Central Intelligence</ent>, who shall be
the Chairman of <ent type='ORG'>the Board</ent>.
(2) A representative of the Secretary of State.
(3) A representative of the Secretary of <ent type='ORG'>Defense</ent>
(4) A representative of the Director of the Federal
Bureau of Investigation.
(5) The Director of <ent type='ORG'>the National Security Agency</ent>.
(6) A representative of <ent type='ORG'>the Department</ent> of the <ent type='ORG'>Army</ent>.
(7) A representative of <ent type='ORG'>the Department</ent> of the <ent type='ORG'>Navy</ent>.
(8) A representative of <ent type='ORG'>the Department</ent> of the Air Force.
(9) A representative of the <ent type='ORG'>Central Intelligence</ent> Agency.
c. <ent type='ORG'>The Board</ent> shall have a staff headed by an executive
secretary who shall be appointed by the Chairman with the
approval of the majority of <ent type='ORG'>the Board</ent>.
d. It shall be the duty of <ent type='ORG'>the Board</ent> to advise and make
recommendations to the Secretary of <ent type='ORG'>Defense</ent>, 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 <ent type='ORG'>NSA</ent>.
(1) <ent type='ORG'>The Board</ent> shall reach its decision by majority
vote. Each member of <ent type='ORG'>the Board</ent> shall have one vote
except the representatives of the Secretary of State
and of the <ent type='ORG'>Central Intelligence</ent> Agency who shall each
have two votes. The Director of <ent type='ORG'>Central Intelligence</ent>,
as Chairman, will have no vote. In the event that the
<ent type='ORG'>Board</ent> votes and reaches a decision, any dissenting
member of <ent type='ORG'>the Board</ent> may appeal from such decision
within 7 days of the Special <ent type='ORG'>Committee</ent>. In the event
that <ent type='ORG'>the Board</ent> votes but fails to reach a decision, any
member of <ent type='ORG'>the Board</ent> may appeal within 7 days to the
Special <ent type='ORG'>Committee</ent>. In either event the Special
<ent type='ORG'>Committee</ent> shall review the matter, and its
determination thereon shall be final. Appeals by the
Director of <ent type='ORG'>NSA</ent> and/or the representatives of the
Military Departments shall only be filed with the
approval of the Secretary of <ent type='ORG'>Defense</ent>.
(2) If any matter is voted on by <ent type='ORG'>the Board</ent> 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 <ent type='ORG'>Defense</ent> 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 <ent type='ORG'>Defense</ent> 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 <ent type='ORG'>the Board</ent> adopted in
accordance with the foregoing procedures shall be
binding on the Secretary of <ent type='ORG'>Defense</ent>. Except on matter
which have been voted on by <ent type='ORG'>the Board</ent>, the Director of
<ent type='ORG'>NSA</ent> shall discharge his responsibilities in accordance
with his own judgment, subject to the direction of the
Secretary of <ent type='ORG'>Defense</ent>.
(4) The Director of <ent type='ORG'>NSA</ent> shall make such reports
and furnish such information from time to time to the
<ent type='ORG'>Board</ent>, either orally or in writing, as <ent type='ORG'>the Board</ent> my
request, and shall bring to the attention of <ent type='ORG'>the Board</ent>
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 <ent type='ORG'>the Board</ent> as to
matters not falling within the jurisdiction of <ent type='ORG'>NSA</ent>;
(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 <ent type='ORG'>NSCID</ent> 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 <ent type='ORG'>COMINT</ent>
information.
f. Any recommendation of <ent type='ORG'>the Board</ent> with respect to the
matters described in paragraph e above shall be binding on
all departments or agencies of the <ent type='ORG'>Government</ent> if it is
adopted by the unanimous vote of the members of <ent type='ORG'>the Board</ent>.
Recommendations approved by the majority, but not all, of
the members of <ent type='ORG'>the Board</ent> shall be transmitted by it to the
Special <ent type='ORG'>Committee</ent> for such action as the Special <ent type='ORG'>Committee</ent>
may see fit to take.
g. <ent type='ORG'>The Board</ent> 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 <ent type='ORG'>Defense</ent>. This
directive shall include the following provisions:
a. Subject to the specific provisions of this
directive, the Secretary of <ent type='ORG'>Defense</ent> may delegate in whole of
in part authority over the Director of <ent type='ORG'>NSA</ent> within his
department as he sees fit.
b. The <ent type='ORG'>COMINT</ent> mission of <ent type='ORG'>the National Security Agency</ent>
(<ent type='ORG'>NSA</ent>) shall be to provide an effective, unified organization
and control of the communications intelligence activities of
<ent type='GPE'>the United</ent> 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 "<ent type='ORG'>COMINT</ent>" 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. <ent type='ORG'>NSA</ent> shall be administered by a Director, designated
by the Secretary of <ent type='ORG'>Defense</ent> 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 <ent type='ORG'>Defense</ent>, and in accordance
with approved policies of <ent type='ORG'>USCIB</ent>, the Director of <ent type='ORG'>NSA</ent> shall
be responsible for accomplishing the mission of <ent type='ORG'>NSA</ent>. For
this purpose all <ent type='ORG'>COMINT</ent> collection and production resources
of <ent type='GPE'>the United</ent> States are placed under his operational and
technical control. When action by the Chiefs of the
operating agencies of the <ent type='ORG'>Services</ent> or <ent type='ORG'>civilian department</ent>s
or agencies is required, the Director shall normally issue
instruction pertaining to <ent type='ORG'>COMINT</ent> operations through them.
However, due to the unique technical character of <ent type='ORG'>COMINT</ent>
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 <ent type='ORG'>Service</ent> or civilian <ent type='ORG'>COMINT</ent> 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 <ent type='ORG'>Defense</ent> by the Chief of
<ent type='ORG'>Service</ent> or head of <ent type='ORG'>civilian department</ent> of agency concerned.
e. Specific responsibilities of the Director of <ent type='ORG'>NSA</ent>
include the following:
(1) Formulating necessary operational plans and
policies for the conduct of the U.S. <ent type='ORG'>COMINT</ent> activities.
(2) Conducting <ent type='ORG'>COMINT</ent> activities, including
research and development, as required to meet the needs
of the departments and agencies which hare authorized
to receive the products of <ent type='ORG'>COMINT</ent>.
(3) Determining, and submitting to appropriate
authorities, requirements for logistic support for the
conduct of <ent type='ORG'>COMINT</ent> activities, together with specific
recommendations as to what each of the responsible
departments and agencies of the <ent type='ORG'>Government</ent> should
supply.
(4) Within NSA's field of authorized operations
prescribing requisite security regulations covering
operating practices, including the transmission,
handling and distribution of <ent type='ORG'>COMINT</ent> material within and
among the <ent type='ORG'>COMINT</ent> 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 <ent type='ORG'>Central Intelligence</ent> under <ent type='ORG'>NSCID</ent> No. 5,
conducting all liaison on <ent type='ORG'>COMINT</ent> 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 <ent type='ORG'>COMINT</ent> functions for which he is
responsible. It is recognized that in certain circumstances
elements of <ent type='ORG'>the Armed Forces</ent> and other agencies being served
will require close <ent type='ORG'>COMINT</ent> support. Where necessary for this
close support, direct operational control of specified
<ent type='ORG'>COMINT</ent> 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 <ent type='ORG'>COMINT</ent> 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 <ent type='ORG'>COMINT</ent> products in those offices of <ent type='ORG'>NSA</ent>
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 <ent type='ORG'>COMINT</ent> information, its
synthesis with information from other sources, and the
dissemination of finished intelligence to users.
3. The special nature of <ent type='ORG'>COMINT</ent> 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 <ent type='ORG'>Executive</ent>
Branch relating to the collection, production, security,
handling, dissemination, or utilization of intelligence, and/or
classified material, shall not be applicable to <ent type='ORG'>COMINT</ent> actives,
unless specifically so stated and issued by competent
departmental of agency authority represented on <ent type='ORG'>the Board</ent>. Other
<ent type='ORG'>National Security Council Intelligence Directive</ent> to the Director
of <ent type='ORG'>Central Intelligence</ent> and related implementing directives
issued by the Director of <ent type='ORG'>Central Intelligence</ent> shall be construed
as non-applicable to <ent type='ORG'>COMINT</ent> activities, unless the National
Security Council has made its directive specifically applicable
to <ent type='ORG'>COMINT</ent>.</p>
<p> /s/ HARRY S. TRUMAN
</p>
<p>X-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-X</p>
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</p></xml>