ICRC CLASSIFICATION REVIEW OF 1952 TRUMAN MEMORANDUM ON COMMUNICATIONS INTELLIGENCE ACTIVITIES

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-456-5-7-3
• Release Decision: RIFLIM
• Original Classification: T
• Document Page Count: 17
• Document Creation Date: January 11, 2017
• Document Release Date: September 28, 2010
• Sequence Number: 7
• Publication Date: August 26, 1975
• Content Type: MEMO

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L--"/ mir NATIONAL SECURITY COUNCIIP
WASHINGTON. D.C. 20506
MEMORANDUM FOR:
SUBJECT:
August 26, 1975
Mr. James B. Rhoads
Acting Chairman
Interagency Classification Review
Committee
ICRC Classification Review of 1952
Truman Memorandum on Communications
Intelligence Activities
I understand that the ICRC is planning to undertake a classification
review of President Truman's October 24, 1952 Top Secret memo-
randum to the Secretaries of State and Defense concerning Communica-
tions Intelligence Activities. I request that such a review be
-postponed.
The Truman memorandum, which is concerned with the organization
and management of communications intelligence activities within
the Executive Branch, contains a directive to the United States
Communications Intelligence Board concerning its membership
and functioning, and a directive to the Secretary of Defense relating
to the mission and operations of the National Security Agency (NSA).
In addition, National Security Council Intelligence Directive
(NSCLD) No. 9, dated December 29, 1952 was derived directly
from the Truman memorandum, and much of NSCID 6, which
currently governs activities of this nature, is based upon it. As
a result, the Truman memorandum is intimately related to a large
body of material concerned with the President's overall manage-
ment of the Intelligence Community.
This particular document has been reviewed for declassification
many times. You are well aware of the requests from Mr. Louis
Kruh, one of which was filed under the provisions of Executive
Order 11652, appealed to the ICRC, and is now the subject of a
lawsuit against the National Archives and Records Service (NARS).
NSS, NSA reviews completed
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? Mr. Kruh, as you know, has also sought this document under the
provisions of the amended Freedom of Information*ct (FOIA)
and is now engaged in legal proceedings to overturn the MARS
denial of his request and subsequent appeal. Throught these
administrative processes the Truman document and its classifi-
cation have been reviewed many times and each review has
reached the same conclusion -- the document should remain
Top Secret. Since many of these reviews and re-reviews were
conducted within the last few years, I see little merit in expending
still more time and effort to examine it once again.
You should also be aware that the NSC Staff has received other
FOIA requests for documents relating to communications intelli-
gence and for the 1952 Truman directive itself. There has been
a determination that these documents should remain classified
Top Secret and that they are exempt from disclosure under
5 U.S. C. 552 (b)(1). In addition, these records are also protected
by statute and thus exempt from release pursuant to 5 U. S. C. 552
(b)(3). The NSC Staff determinations concerning these documents
have all been appealed and we have affirmed that these documents
are properly classified Top Secret. Legal action has now been
initiated,to reverse these determinations.
In view of the pending litigation concerning the declassification and
release of these documents, we believe it would be particularly
untimely and unwise to have the ICRC undertake a classification
review of the Truman memorandum. Accordingly, we request
that the ICRC review be postponed until the legal issues surrounding
the release of the Truman memorandum and derivative and related
documents are resolved.
Once the pending lawsuit against the NSC has been resolved, we
would have no objection to ICRC consideration of the Truman
memorandum. Until this occurs, the proposed ICRC review
should be held in abeyance.
Henry A. Kissinger
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I.
MEMORANDUM 5698
NATIONAL SECURITY COUNCIL
CONFTTL WITH August 21, 1975
SECRET ATTACHMENT
MEMORANDUM FOR.: GENERAL SCOWCROFT
FROM: Jeanne W. Davi ,
SUBJECT: ICRC Review of 1952 Truman,
Memorandum on the NSA
On August 27, the Interagency Classification Review Committee (ICRC)
is planning to review, with the possibility of downgrading or declassifying,
the security classification of the Top Secret 1952 Truman directive (Tab B)
which authorizes the establishment of the NSA and details its responsibilities
and functions.
For many reasons we have opposed this Archives-sponsored ICRC action,
but to date have been unable to turn it off. It has now reached the point,
however, where it could jeopardize our defense in the legal action
Morton Halperin has brought against us to compel disclosure of the
NSCIDs, NSC 10 an 10/2 (covert operations), and the 1952 Truman
memorandum itself. If the ICRC review goes ahead we could be faced
with having to accept an ICRC recommendation for downgrading or even
declassification, which we do not support, or with overruling the ICRC
on a matter in which we have a substantial interest, both of which would
create interagency controversy and, if revealed, would supply ammunition
for Halperin.
I was tempted to recommend that the ICRC be directed to terminate its
plan for a classification review. However, on further consideration, we
believe the wiser course is to ask that they postpone the review until
after the NSC legal problem has been resolved.
Clint Granger arul Richard Ober concur.
RECOMMENDATION:
That you sign the memorandum at Tab A to the ICRC Chairman on behalf
of Secretary Kissinger.
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MEMORANDUM FOR:
SUBJECT:
24 October 1952
The Secretary of State
The Secretary of Defense
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.
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.
.1?4
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 proyisions set forth below
and such other provisions as the Special Committee may determine
to be necessary.
1. A directive to the United States Communications Intelli-
gence Board (USCI). 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:
s. 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:
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(2) A representative of the Secretary Of State.'
(3)
Defense.
A representative Of the Secretary. of
A representative of the Director of the
Bureau of Investigation. -
The Director of the National Security Agency.
A representative of the Department of the
AtMY.,
(7) A representative of the'Department of the
Navy.
(8)
? (8) A representative of the Department of the
Air Force.
ao
(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 fails 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 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 to 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
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: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; nb action shall
-b* taken with respect to the subject matter until
the appeal is decided, provided that, if the
Secretary of Defense determines, after consulta-
tion 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 thd 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 matters
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 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
otivities among all departments and agencies authorized
by the President to participate therein;
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. (2) To initiate, to formulate policies concerning,
and Subject to the provisions of NSCID No. 5, to
supervise all arrangements with foreign governments
in the field of communications intelligence; and
(3) To consider and make recommendations concern-
ing 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 a 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 sed 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 ince 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 organiza-
tion 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.
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than the intended recipients,* but shall exclude censor-
ship 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 instructions 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 assighments 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 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) "
policiee
? -(2)
research
Formulating necessary operational plats and
for the conduct of the U.S. COMINT activities.
Conducting COM/NT activities, including
and development, as required to meet the
See Public Law 513-01st congress 1950'
5
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needs of the departments and agencies which are
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 Govern-
ment 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 operational or technical
control; and exercising the necessary monitoring and
supervisory control, including inspections if necessary,
to ensure compliance with the regulations.
,?0?9
(5) Sublect to the authorities granted the
Director of 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 Witirthe departments and agencies providing them.
It. 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. NSA TS Control
Com, No J
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i. The Director shall have a civilian deputy whose
primary responsibility shall be to ensure the mobiliza-
tion 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 with information from other sources, and
the dissemination of finished intelligence to users.
3. The special nature of COMINT activities requires that
they be treated in all respects 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 activitiep, 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 directives specifically applicable
to COMINT.
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NATIONAL SECURITY COUNCIL
August 2 1975
JW
Thro\l Mike Hornblo
REVIEW AND SIGNATURE.
The enclosed memo has been
*EV eAzieed.as regoe.steti. Roth
KNOber and Granger (MadDonald
for) concur.
A Note concerning my conversation
with Roger Edgar is enclosed on
the left
ye/
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MEMORANDUM
?
NATIONAL SECURITY COUNCIL
August 21, 1975
MEMORANDUMyoR THE RECORD
Note: Roger Edgar called to present his views on the ICRC review
of the Truman memorandum. Our exchanges are essentially
as follows:
Roger believes the ICRC plans to review the Truman item at its
August 27 meeting, and this cannot and probably should not be
stopped.
-- If there is no ICRC agreement after the review or if they disagree
with the NSC position, the issue of NSC authority to overrule will
then. be resolved.
When I explained that we did not want to be in a position of having
to overrule them and wanted to avoid any possible confrontation, he
said he understood our concern.
Subsequently, Roger suggested that unless we believe the ICRC will riot re-
confirm its previous decisions we gain nothing by intervening. I
responded that it is very conceivable that the ICR C would decide that
the document is not Top Secret and that it should be downgraded. Such
a move would serve no useful purpose and would weaken our position.
Besides, I explained, the first line of defense is the (b)(3) exemption
anyway. By focusing attention on tlae (b)(1) criteria the issues would
not be quite so clear. He agreed that (b)(3) should be our primary
defense.
-- In closing I stated that we felt strongly that the ICRC should post-
pone its review and unless Justice or he thought otherwise, we
would proceed as planned. He said they had no objection to our
requesting an ICRC delay.
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...?PAZEGm
CONFIDENTIAL WITH
TOP SECRET ATTACHMENT
MEMORANDUM FOR GENER
FROM:
SUBJECT:
L SCOW CROFT
Jeanne W. Davis
ICRC Review of 1952, Truman
Memorandum on the NSA
fication R v ew Committee