4 20907 5/4/sk/oso © =0GEY ie LH TD3L Shay 1952 ,i/ ‘D: l ii A f - . We MEMORANDUM FOR: The Secretary of State . Te ae / Tne Secretary of Defense ji ‘ / SUBJECT: Communications Intelligence Activities. __ The coumunicetions intelligence (COMINT) activities of the United States are a national responsibility. They mst be so organized and managed as to exploit to the maximum the available resources in all perticipating departments and agencies and to satisfy the legitimate intelligence reauirements of all such depertments and agencies. I therefore designate the Secretaries of State and Dee ense es a Speciel Committee of the Netional Security Council for COMINT, which Committee shell, with the essistance of the Director of Central Intelligence, establish policies governing COMINT ectivities, and keep me advised of such policies through the Executive Secretary of the I further designate the Department of Defense es executive agent of the Government, for the production of COMINT informetion. 2 = i direct this Special Committee to prepare and issue directives which shall include the provisions set forth below and such other provisions es the Special Committee may determine to be necessary. \ J i A directive to the United States Commmnications intelligence Boerd See ee ee Yommnicevions invessigence poera (USCI8). This directive will replace the National Security Council Intelligence Directive No. 9, end shail prescribe USCIB's new c moosition, responsibilities and procedures in the COMINT fields. This directive shell include the following provisions: . @- USCIB shall be reconstituted as a body acting for end under the Special Committee, and shell operate in accordance with the pro- visions of the new directive. Only those depertments or agencies repre- sented in  Becs ere authorized to engage t Erp, COMTNAT Le fvieies FZ cass owngraded per\information Security Oversight Jr hijidSt2 “= PEGES Office, 28 Jan 1981 _ PAGE _/ FI i
>. he Board shall be composed of the following members: (1) The Director of Central Intelligence, who shall be the Cheirmen 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 cf the Department of the Air Force. (9) A representative of the Central Intelligence Agency. c. The Boerd shall heave a steff headed by en executive secretary who shall be appointed by the Chairman with the epprovel of the majority of the Board. ad. It shall be the duty of the Board tc advise end make recom- mendations to the Secretary of Defense, in accordance with the following procedure, with respect to any matter relating to cammunicaticns intelligence which falls within the jurisdiction of the Director of NSA. (1) The Board shell reach its decision by a majority vote. Each member of the Board shall have one vote excerpt the repre- sentatives of the Secretary of State and of the Central Intelligence ‘Lgency who shall each have two votes. The Director of Central Intelligence, as Chairman, will have no vote. In the event thet the Board votes and reaches a decision, any dissenting member of the Board may appeal from such decision within ane weit: by Vein bee LQFY UBER o= _— FAGE 2—. “ORY PAGES . CUPL
wer Special Committee. In the event that the Board votes but fails to reach a decision, any member of the Board may appeal within _1 days to the Special Committee. In either event the Speeial Coumittee shall review the matter, and its determination thereon shall be final. Appeals by the Director of NSA and/or the representatives ot the Military Departments shall only be filed with the approvel of the Secretary of Defense. (2) If any matter is voted on by the Board but - > (a) no decision is reached ehd any member files en appeal; (bd) a decision is reached in whic of the Secretary of Defense does not concur end files an appeal; no action shall be taken with respect to the subject matter until the appeal is decided, provided that, if the Secretery cf Defense Getermines, after consultation with the Secretary of State, that the subject matter presents 2 proviem of an emergency nature and recuires immediate action, his decision shall govern, pending th result of the appeal. In such an emergency situation the eppeal may be taken directly to the President. (3) Recommendations of the Board adopted in accordance with the foregoing procedures shell te Dinding on the Secretary of Defense. Except on matters which have been voted on by the Board, the Directcr of NSA shall discharge his resvonsibilities in accordance with his ow judgment, subject to the direction of the Secretary of Defense. (4) The Director ¢ NSA shall make such reports and furnish such information from time to time to the Board, either orally ~ 22 CORTE
the or in yriting, es the Boerd may requést, and shall bring to attention of the Board either in such reports or otherwise eny new m2jor policies or programs in advance of their adoption by hin. rs not falling e. It shall also be the duty of the Board as to matter within the jurisdiction of NSA; (1) To coordinate the communications intelligence ectivities emong all depertments end egencies authorized by the President to participate therein; 2) To initiete, to formilate policies concernin and subje 3 . a ~ the provisions of NSCID Ne. 5, to suvervise all arrangements with foreign governments in the field of communications intelligence; and (3) to consider and make recommendations concerning volicies relating to communication to the bee s intelligence of common interest Gepartments end egencies, including security stendards and or ctices, L roy ee ct ou OY n ct wo 53 A. F pn. ro} Ny (3 ov ~ and, for this purpose, to investigate and stu practices of such departments and agencies in | protecting COMINT information. f. Any recommendation of the Board with respect to the matters or Gescribed in paragraph e above shall be binding on all departments zak agencies of the Government if it is adopted by the unanimous vote of the members cf the Board. Recommendations approved by a majority, but ~% all, of the members of the Roard shall be transmitted by it to the hh tele ct Speciel Committee for such action as the Svecial Committee may see &- The Board will meet moathly, or oftener et the call of the Chairman or any member, end shall determine its ow 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 or 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 end 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 on of ccmmuni- bes vo mean ell procedures and methods used in the intercept cations other than foreign tress and provegand2 broadeasts and the obtaining of information fron such communications by other then the intended recipients,* but shall exclude ceasorship end the production and dissemination of finished intelligence. c. NSA shall be administered by a Director, designated by the Secretary of Defense efter consultation with the Joint Chiefs cf § arr, who shall serve for 2 minimum term of 4 yeers and who shall be eligible for reappointment. The Director shall be a career commissioned officer the armed services on active or reactivated status, and shall enjoy fe) Fy least 3-star rank during the period of his incumbancy. re) ct oY Secretary of Defense, and in eccordance with approved d. Under th olicies of USCIB, the Director of NSA shall be responsible for accomplishing \ ‘ eee * See Public Law 513 -- 8lst Congress 1950. 'y vb,
the mission of NSA. For this purpose all COMINT collection and production resources of the United States ere placed under his operational and technical oontrol. When action by the Chiefs of the cperating agencies of the Services or civilian departments or agencies is required, the Director shell normelly issue instructions pertaining tc COMINT operetions through them. However, due to the unique technical character of COMINT operations, the Director is authorized to issue direct to any operating elements -inder his operational control task assignments and nertinent instructions which are Within the capacity of such elements to eccemplish. He shall also have direct access to, and direct communication with, any elements of the Service er civilian COMINT egencies on any other matters o operational and technical control as may be necessary, and he is Ny ct authorized to obtain such information and intelligence material fren them as he may reouire. All instructions issued by the Director under the autnority provided in this perasachn shell de mandatory, subject only to appeal to the Secretary of Defense by the Chief of Service or head of civilien 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 ectivities. (2) Conducting COMINT activities, including research and development, es required to meet the needs of the departments and agencies which are authorized to receive the sroducts cf COMINT. aa sa Ager _ ——— -OPYRUMBER =A
eae, ev; TESUM ean (3} Determining, and submitting to appropriete authorities, requirements for logistic support for the conduct of COMINT activities, together with specific recommendations as to wnat each of the responsible departments and egencies of the Government should supply. (4) Within NSA's field of authorized operations prescribing requisite security regulations covering operating practices, 5 including the transmission, handling and distribution of COMINT neterial wi within end among the COMINT element s under his operational or technical contro; 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 of Central Intelligence under NSCID No. 5, conducting all liaison on COMINT matters with foreign governmental communications intelligence egencies. £. To the extent he deems feasible and in consonere with the aims of maximum over-all efficiency, economy, and effectiveness, the Director shall centralize cor consolidate the performance of COMINT functions for which he is responsible. It is recognized thet in certain circumstances elements of the Armed Forces end other agencies being served will require close COMINT support. Where necessary for this close support, direct operdiozal control of specified COMINT facilities and resources will be delegated by the Director, during such periods and for such tasks as q re determined by him, to military commanders or to the Chiefs cf other agen ies ECHL ty .GPY NUMBER — 2 7. PAE sadamene rene sour: LON, oeteze cone
&- “The Director shall exercise such administretive. control over COMINT activities es he deems necessary to the effectiveperf ormance of his mission. Otherwise, admwinistrative 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 NSA where priorities of intercept and processing ere finally plenned. -.i. The Director shall have a civilten deputy whose primary responsi- bility shall be te ensure the mobilization and effective employment of tne best availadle human and scientific resources in the field of cryptologic research and development. J- Nothing in this directive shall contravene the responsibilities or the individual departments and agencies for the final evaluation of COMINT information, its synthesis wih information from other sources, and the dissemination ef finished intelligence to users. 3. The special nature of COMINT activities requires thet they be treated in all respectes-es being outside the framework of other or general intelligence activities. Orders, directives, policies, or recommendations of eny authority of the Executive Branch relating to the collection, production, security, handling, dissemination, or atilization of intelligence, and/or classified material, shall not be epplicable to COMINT activities, unless specifically so stated and issued - Dy 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 shzll be coustrued es non-applicable to COMINT activities » unless