textfiles-politics/regexConsp/nsachrtr.xml

<xml><p>
The Charter is part of a recent FOIA request. - CJS
****************************************************************
  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
Government Organization  Manual of  the Federal  Register 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  Dean G.
Acheson  and Secretary of  Defense Robert 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  the National  Security Agency.  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.
  -James Bamford, The Puzzle Palace (1982) at 15.</p>

<div>*****************************************************************</div>

<p>      A 20707 5/4/54/OSO
      NSA TS CONTL. NO 73-00405
      COPY: D321</p>

<p>      Oct 24 1952</p>

<p>MEMORANDUM FOR:   The Secretary of State
    The Secretary of defense</p>

<p>SUBJECT:  Communications Intelligence Activities</p>

<p>  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.</p>

<p>  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 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 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.</p>

<p>   /s/ HARRY S. TRUMAN
 
 
 </p>

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