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315 lines
17 KiB
Plaintext
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The Charter is part of a recent FOIA request. - CJS
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****************************************************************
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At 12:01 ON the morning of November 4, 1952, a new federal
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agency was born. Unlike other such bureaucratic births, however,
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this one arrived in silence. No news coverage, no congressional
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debate, no press announcement, not even the whisper of a rumor.
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Nor could any mention of the new organization be found in the
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Government Organization Manual of the Federal Register or the
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Congressional Record. Equally invisible were the new agency's
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director, its numerous buildings, and its ten thousand employees.
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Eleven days earlier, on October 24, President Harry S Truman
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scratched his signature on the bottom of a seven-page
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presidential memorandum addressed to secretary of State Dean G.
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Acheson and Secretary of Defense Robert A. Lovett. Classified
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top secret and stamped with a code word that was itself
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classified, the order directed the establishment of an agency to
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be known as the National Security Agency. It was the birth
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certificate for America's newest and most secret agency, so
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secret in fact that only a handful in the government would be
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permitted to know of its existence.
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-James Bamford, The Puzzle Palace (1982) at 15.
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*****************************************************************
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A 20707 5/4/54/OSO
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NSA TS CONTL. NO 73-00405
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COPY: D321
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Oct 24 1952
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MEMORANDUM FOR: The Secretary of State
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The Secretary of defense
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SUBJECT: Communications Intelligence Activities
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The communications intelligence (COMINT) activities of the
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United States are a national responsibility. They must be so
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organized and managed as to exploit to the maximum the available
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resources in all participating departments and agencies and to
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satisfy the legitimate intelligence requirements of all such
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departments and agencies.
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I therefore designate the Secretaries of State and Defense
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as a Special Committee of the National Security Council for
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COMINT, which Committee shall, with the assistance of the
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Director of Central Intelligence, establish policies governing
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COMINT activities. and keep me advised of such policies through
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the Executive Secretary of the National Security Council.
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I further designate the Department of Defense as executive
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agent of the Government, for the production of COMINT
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information.
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I direct this Special Committee to prepare and issue
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directives which shall include the provisions set forth below and
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such other provisions as the Special Committee may determine to
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be necessary.
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1. A directive to the United States Communication
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Intelligence Board (USCIB). This directive will replace the
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National Security Council Intelligence Directive No. 9, and shall
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prescribe USCIB's new composition, responsibilities and
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procedures in the COMINT fields. This directive shall include
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the following provisions.
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a. USCIB shall be reconstituted as a body acting for
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and under the Special Committee, and shall operate in
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accordance with the provisions of the new directive. Only
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those departments or agencies represented in USCIB are
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authorized to engage in COMINT activities.
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b. The Board shall be composed of the following
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members:
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(1) The Director of Central Intelligence, who shall be
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the Chairman of the Board.
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(2) A representative of the Secretary of State.
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(3) A representative of the Secretary of Defense
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(4) A representative of the Director of the Federal
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Bureau of Investigation.
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(5) The Director of the National Security Agency.
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(6) A representative of the Department of the Army.
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(7) A representative of the Department of the Navy.
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(8) A representative of the Department of the Air Force.
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(9) A representative of the Central Intelligence Agency.
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c. The Board shall have a staff headed by an executive
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secretary who shall be appointed by the Chairman with the
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approval of the majority of the Board.
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d. It shall be the duty of the Board to advise and make
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recommendations to the Secretary of Defense, in accordance
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with the following procedure, with respect to any matter
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relating to communications intelligence which falls within
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the jurisdiction of the Director of the NSA.
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(1) The Board shall reach its decision by majority
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vote. Each member of the Board shall have one vote
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except the representatives of the Secretary of State
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and of the Central Intelligence Agency who shall each
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have two votes. The Director of Central Intelligence,
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as Chairman, will have no vote. In the event that the
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Board votes and reaches a decision, any dissenting
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member of the Board may appeal from such decision
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within 7 days of the Special Committee. In the event
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that the Board votes but fails to reach a decision, any
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member of the Board may appeal within 7 days to the
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Special Committee. In either event the Special
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Committee shall review the matter, and its
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determination thereon shall be final. Appeals by the
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Director of NSA and/or the representatives of the
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Military Departments shall only be filed with the
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approval of the Secretary of Defense.
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(2) If any matter is voted on by the Board but -
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(a) no decision is reached and any member
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files an appeal;
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(b) a decision is reached in which the
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representative of the Secretary of Defense does
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not concur and files an appeal;
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no action shall be taken with respect to the subject
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matter until the appeal is decided, provided that, if
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the Secretary of Defense determines, after consultation
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with the Secretary of State, that the subject matter
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presents a problem of an emergency nature and requires
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immediate action, his decision shall govern, pending
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the result of the appeal. In such an emergency
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situation the appeal may be taken directly to the
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President.
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(3) Recommendations of the Board adopted in
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accordance with the foregoing procedures shall be
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binding on the Secretary of Defense. Except on matter
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which have been voted on by the Board, the Director of
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NSA shall discharge his responsibilities in accordance
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with his own judgment, subject to the direction of the
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Secretary of Defense.
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(4) The Director of NSA shall make such reports
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and furnish such information from time to time to the
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Board, either orally or in writing, as the Board my
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request, and shall bring to the attention of the Board
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either in such reports or otherwise any major policies
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or programs in advance of their adoption by him.
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e. It shall also be the duty of the Board as to
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matters not falling within the jurisdiction of NSA;
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(1) To coordinate the communications intelligence
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activities among all departments and agencies
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authorized by the President to participate therein;
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(2) To initiate, to formulate policies concerning,
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and subject to the provision of NSCID No. 5, to
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supervise all arrangements with foreign governments in
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the field of communications intelligence; and
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(3) to consider and make recommendations
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concerning policies relating to communications
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intelligence of common interest to the departments and
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agencies, including security standards and practices,
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and, for this purpose, to investigate and study the
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standards and practices of such departments and
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agencies in utilizing and protecting COMINT
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information.
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f. Any recommendation of the Board with respect to the
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matters described in paragraph e above shall be binding on
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all departments or agencies of the Government if it is
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adopted by the unanimous vote of the members of the Board.
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Recommendations approved by the majority, but not all, of
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the members of the Board shall be transmitted by it to the
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Special Committee for such action as the Special Committee
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may see fit to take.
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g. The Board will meet monthly, or oftener at the call
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of the Chairman or any member, and shall determine its own
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procedures.
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2. A directive to the Secretary of Defense. This
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directive shall include the following provisions:
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a. Subject to the specific provisions of this
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directive, the Secretary of Defense may delegate in whole of
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in part authority over the Director of NSA within his
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department as he sees fit.
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b. The COMINT mission of the National Security Agency
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(NSA) shall be to provide an effective, unified organization
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and control of the communications intelligence activities of
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the United States conducted against foreign governments, to
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provide for integrated operational policies and procedures
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pertaining thereto. As used in this directive, the terms
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"communications intelligence" or "COMINT" shall be construed
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to mean all procedures and methods used in the interception
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of communications other than foreign press and propaganda
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broadcasts and the obtaining of information from such
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communications by other than intended recipients, but shall
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exclude censorship and the production and dissemination of
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finished intelligence.
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c. NSA shall be administered by a Director, designated
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by the Secretary of Defense after consultation with the
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Joint Chiefs of Staff, who shall serve for a minimum term of
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4 years and who shall be eligible for reappointment. The
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Director shall be a career commissioned officer of the armed
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services on active or reactivated status, and shall enjoy at
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least 3-star rank during the period of his incumbency.
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d. Under the Secretary of Defense, and in accordance
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with approved policies of USCIB, the Director of NSA shall
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be responsible for accomplishing the mission of NSA. For
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this purpose all COMINT collection and production resources
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of the United States are placed under his operational and
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technical control. When action by the Chiefs of the
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operating agencies of the Services or civilian departments
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or agencies is required, the Director shall normally issue
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instruction pertaining to COMINT operations through them.
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However, due to the unique technical character of COMINT
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operations, the Director is authorized to issue direct to
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any operating elements under his operational control task
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assignments and pertinent instructions which are within the
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capacity of such elements to accomplish. He shall also have
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direct access to, and direct communication with, any
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elements of the Service or civilian COMINT agencies on any
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other matters of operational and technical control as may be
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necessary, and he is authorized to obtain such information
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and intelligence material from them as he may require. All
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instruction issued by the Director under the authority
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provided in this paragraph shall be mandatory, subject only
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to appeal to the Secretary of Defense by the Chief of
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Service or head of civilian department of agency concerned.
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e. Specific responsibilities of the Director of NSA
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include the following:
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(1) Formulating necessary operational plans and
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policies for the conduct of the U.S. COMINT activities.
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(2) Conducting COMINT activities, including
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research and development, as required to meet the needs
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of the departments and agencies which hare authorized
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to receive the products of COMINT.
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(3) Determining, and submitting to appropriate
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authorities, requirements for logistic support for the
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conduct of COMINT activities, together with specific
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recommendations as to what each of the responsible
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departments and agencies of the Government should
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supply.
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(4) Within NSA's field of authorized operations
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prescribing requisite security regulations covering
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operating practices, including the transmission,
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handling and distribution of COMINT material within and
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among the COMINT elements under his operations or
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technical control; and exercising the necessary
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monitoring and supervisory control, including
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inspections if necessary, to ensure compliance with the
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regulations.
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(5) Subject to the authorities granted the
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Director Central Intelligence under NSCID No. 5,
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conducting all liaison on COMINT matters with foreign
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governmental communications intelligence agencies.
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f. To the extent he deems feasible and in consonance
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with the aims of maximum over-all efficiency, economy, and
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effectiveness, the Director shall centralize or consolidate
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the performance of COMINT functions for which he is
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responsible. It is recognized that in certain circumstances
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elements of the Armed Forces and other agencies being served
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will require close COMINT support. Where necessary for this
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close support, direct operational control of specified
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COMINT facilities and resources will be delegated by the
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Director, during such periods and for such tasks as are
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determined by him, to military commanders or to the Chiefs
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of other agencies supported.
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g. The Director shall exercise such administrative
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control over COMINT activities as he deems necessary to the
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effective performance of his mission. Otherwise,
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administrative control of personnel and facilities will
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remain with the departments and agencies providing them.
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h. The Director shall make provision for participation
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by representatives of each of the departments and agencies
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eligible to receive COMINT products in those offices of NSA
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where priorities of intercept and processing are finally
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planned.
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i. The Director shall have a civilian deputy whose
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primary responsibility shall be to ensure the mobilization
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and effective employment of the best available human and
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scientific resources in the field of cryptographic research
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and development.
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j. Nothing in this directive shall contravene the
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responsibilities of the individual departments and agencies
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for the final evaluation of COMINT information, its
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synthesis with information from other sources, and the
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dissemination of finished intelligence to users.
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3. The special nature of COMINT actives requires that they
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be treated in all respects as being outside the framework of
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other or general intelligence activities. Order, directives,
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policies, or recommendations of any authority of the Executive
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Branch relating to the collection, production, security,
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handling, dissemination, or utilization of intelligence, and/or
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classified material, shall not be applicable to COMINT actives,
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unless specifically so stated and issued by competent
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departmental of agency authority represented on the Board. Other
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National Security Council Intelligence Directive to the Director
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of Central Intelligence and related implementing directives
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issued by the Director of Central Intelligence shall be construed
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as non-applicable to COMINT activities, unless the National
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Security Council has made its directive specifically applicable
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to COMINT.
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/s/ HARRY S. TRUMAN
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realitycheck Poindexter Fortran 415-567-7043
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