MEMORANDUM  FOB:     The  Secretary  of  State 
The  Secretary  of  Defense 
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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  CCMBiT,  vhich  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  vhich 
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 
(USCI3).     This  directive  will  replace  the  National  Security  Council  Intelligence 
Directive  No.   9,   and  shall  prescribe  USCTB'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  pro- 
visions of  the  new  directive.     Only  those  departments  or  agencies  repre- 
sented in •  USCI3  are  authorized  to  engage  $#  C^ffil#i&yjb%±es  /l-^- 
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b.  ^The  Board  shall  be  composed  of  the  following  members: 
(1)  The  Director  of  Central  Intelligence,  vho  shall  be  the 
Chairman  of  the  Board. 
(2)  A  representative  of  the  Secretary  of  State. 
(3)  A  representative  of  the  Secretary  of  Defense. 
(h)   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 
vho  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  vith  the  following 
procedure,  vith  respect  to  any  matter  relating  to  communications 
intelligence  vhich  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  vho  shall  each  have  tvo  votes.  The  Director  of  Central 
Intelligence,  as  Chairman,  will  have  no  vote.  In  the  event  that 
the  3oard  votes  and  reaches  a  decision,  any  dissenting  member  of 
the  Board  may  anneal  from  such  decision  within  7  davs  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  Speeial 
Committee  shall  review  the  matter,  and  its  determination  thereon 
shall  be  final.  Appeals  by  the  Director  of  USA  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  anneal 
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  natters  which  have  been  voted  on  by  the 
Board,  the  Director  of  tfSA  shall  discharge  his  responsibilities 
in  accordance  with  his   own  judgment,  subject  to  the  direction 
of  the  Secretary  of  Defense. 
(4)  The  Director  cf  KSA  shall  make  such  reports  and  furnish 
such  information  from  time  to  time  to  the  Board,  either  orally 
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or  in  yriting,  as  the  Board  may  request,  and  shall  bring  to  the 
attention  of  the  Board  either  in  such  reports  or  otherwise  any 
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.  p,  to  supervise  all  arrangements 
with  foreign  governments  in  the  field  of  communications  intelligence;  and 
(3)  to  consider  and  make  rec emendations  concerning  policies 
relating  to  communications  intelligence  of  ccrrmion  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 
or 
described  in  paragraph  e  above  shall  be  binding  on  all  departments  zx£ 
agencies  of  the  Government  if  it  is  adopted  by  the  unanimous  vote  of 
the  members  of  the  Board.  Hecom-iendations  approved  by  a  majority,  but 
not  all,  of  the  cambers  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  vhole  or  in  part  authority  over 
the  Director  of  NSA  within  his  department  as  he  sees  fit. 
h.  The  COKENT  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  "COKINT"  shall  "be  construed 
to  mean  all  procedures  and  methods  used  in  the  interception  of  communi- 
cations other  than  foreign  press  and  propaganda  broadeasts  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  h   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  incumbancy. 
d.  Under  the  Secretary  of  Defense,  and  in  accordance  with  approved 
policies  of  USCI3,  the  Director   of  ESA  shall  be  responsible  for  accomplishing 
*  See  Public  Law  513  --  8lst  Congress  1950. 
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the  mission  of  NSA.  For  this  purpose  all  COMUvIT  collection  and 
production  resources  of  the  United  States  are  placed  under  his 
operational  and  technical  oontrol.  \Jhen  action  "by  the  Chiefs  of 
the  operating  agencies  of  the  Services  or  civilian  departments  or 
agencies  is  required,  the  Director  shall  normally  issue  instructions 
pertaining  to  COMINT  operations  through  then.  However,  due  to  the 
unique  technical  character  of  COMUJT  operations,  the  Director  is 
authorized  to  issue  direct  to  any  operating  elements  under  his 
operational  control  task  assignments  and  pertinent  instructions  vhich 
are  "within  the  capacity  of  such  elements  to  accomplish.  Ee  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  frcm 
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  vhich  are  authorized  to  receive  the  products  of  CCMTNT. 
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(3J  Determining/  and  submitting  to  appropriate  authorities, 
requirements  for  logistic  support  for  the  conduct  of  COMINT 
activities,  together  vith  specific  recommendations  as  to  what 
each  of  the  responsible  departments  and  agencies  of  the 
Government  should  supply. 
(k)  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  contro;   and  exercising  the  necessary  monitoring  and 
supervisory  control,   including  inspections  if  necessary,    to  ensure 
compliance  vith  the  regulations. 
(5)   Subject  to  the  authorities  granted  the  Director  of 
Central  Intelligence  under  NSCID  No.   5>   conducting  all  liaison 
on  COMINT  matters  vith  foreign  governmental  communications 
intelligence  agencies. 
f .     To  the  extent  he  deems  feasible  and  in  consonace  vith  the  aims 
of  maximum  over- all  efficiency,   economy,  and  effectiveness,   the 
Director  shall  centralize  or  consolidate  the  performance  of  COMINT 
functions  for  vhich  he  is  responsible.     It  is  recognized  that  in 
certain  circumstances  elements  of  the  Armed  Forces  and  other  agencies 
being  served  vill  require  close  COMINT  support.     Where  necessary  for 
this  close  support,   direct  operational  control  of  specified  COMINT 
facilities  and  resources  vill  be  delegated  by  the  Director,   during 
such  periods  and  for  such  tasks  as  \re  determined  by  him,   to  military 
commanders  or  to  the  Chiefs  of  other  agencies  suunprte^  -7  "2   .  -r*  *•   iJ~£—*r 
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g.  Tne  Director  shall  exercise  such  administrative,  control  over 
COMINT  activities  as  he  deems  necessary  to  the  eff ective/perf ormance 
of  his  mission.  Otherwise,  adininistrative  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  KSA  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  cryptologic 
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  wSh  information  from  other  sources ,  and 
the  dissemination  cf  finished  intelligence  to  users. 
3-  The  special  nature  of  COMINT  activities  requires  that  they  be  treated 
in  all  respectes-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  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  sn«cif  ically  applicable 
to  comint.  '  *.  'OFYNblBER.S^--^   nAArp 
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