SPECIAL MEETING OF THE INTELLIGENCE ADVISORY COMMITTEE 1 APRIL 1948

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CIA-RDP85S00362R000200110004-3
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RIPPUB
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T
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17
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December 12, 2016
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June 13, 2002
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4
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Publication Date: 
April 1, 1948
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MIN
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Approved Felease 2002/08/21 : CIA-RDP85S00,I&R000200110004-3 'A A SPECIAL MEETING OF THE INTELLIGENCE ADVISORY COMMITTEE 1 APRIL 1948 SUMMARY Action to be Taken Action to be taken Responsibility 1. Study the draft NSCID, as amended at the meeting, and submit comments All to the Director of Central Intelli- Representatives gence. Present. Action to be Taken by the Secretariat 1. Prepare and circulate the amended version of the draft NSCID to those present. TOP SECRET Approved For Release 2002/08/21 : CIA-RDP85SO0362R000200110004-3 TOP SECRET lease 2002/08/21 : CIA-RDP85S00 R00020011O0P-3N A L Approved F eW 6 T_ 't I TOP S ;C?RET PRESET' CTn STATE ARMY NAVY USAF SECRETARIAT INTELLIGENCE ADVISORY COLD ITT JE ALSO PRESENT 5X1 CIA STATE ARMY SPECIAL T. EATING OF THE Rear Admiral R. H. Hillenkoetter (Chairman) Mr, W. Park Armstrong, Jr. Lieut. General :S J. Chamberlin Rear Admiral Thom-- B. Inglis Major General G. C. 1-1cDcnald Captain J. E. Fitzpatrick Lieutenant C. T. R. Adams Colonel Harold G. Hayes Colonel Lionel is o McGarr USAF Rear Admiral E, Stone Captain J. N. 'Fenger Captain Carl F. Espe Major General Co P. Cabell Colonel Richard P. Klocko A special meeting of the Intelligence Advisory Committee for consideration of the proposed. National Security Council Intelligence Directive relating to Communication Intelligence (COMINT) was held in Room 7117, North Interior Building, Washington, D.C., at 1300, 1 April 1948. TOP SECRET ~ tC E Approved For Release 219912 IA-RDP85S00362R000200110004-3 ------------ - TOP SECRET TOP SECRET ADMIRAL HILLENKOETTER opened the meeting by stating his wish to outline the genesis of the National Security Council Intelligence Directive (NSCID) draft to be considered at the current meeting. He said that when the Charter and Executive Order proposed by the United States Communication. Intelligence Board p(USCIB) had been referred to the Secretary of Defense Mr. Forrestal had examined the proposals. After examination Mr. Forrestal informed the Director of. Central Intelligence that he considered the problem one to be solved by existing National Security Council intelligence directives and that-he had requested comments from the three service secretaries. He continued that subsequent events had called forth the second memorandum (dated 22 March 194) and the tentative National Security Council Intelligence Directive (NSCID) up for consideration at the current meeting. Turning to the business at hand, ADMIRAL HILLENKOETTER suggested seem to be to consider the drafteNSCID P by oeara- t athe raggraP by best graph. para- graph. CHAMBERLIN said that before the discussions of the draft got under way he desired to clarify his status as a spokesman for the Department of the Army. He said that in view of the events of the preceding few days he had been unable to obtain the highest echelon reactions to the draft NSCID-and con- sequently would have to reserve freedom of action until he could take the matter up with his Chief of Staff. He commented that he certainly could not abrogate the responsibility of his Chief of Staff over a military unit such as ASA. He commented that this general "charter" problem had acted to place him in this position of being asked to approve a measure which would in effect place the Chief of Staff of the Army on a subordinate .level (insofar as COMINT matters would be concerned) to that occupied by the Army member of USCIB. He reiterated his state- ment that he was not empowered to take any final action during the current meeting, adding that he would nonetheless be glad to do what he could to assist in arriving at a commonly acceptable draft NSCID for submission to higher authorities within the member agencies. TOP SECRET Approved For Rele4s21iDP85SO0362RO00200110004-3 Release 2002/08/21 : CIA-RDP85S0ON R000200110004-3 ADMIRAL HILLENKOETTER stated his opinion that it was singu- larly unfortunate that not all members present were invested with the necessary authority to take action on the draft, and expressed surprise that such a situation should have come about. GENERAL CABELL said his position was the same as that occu- pied by General Chamberlin--namely, that he was not authorized to speak for the Chief of Staff of the Air Force or the Secretary of the Air Force. ADMIRAL HILLENKOETTER repeated his statement of disappoint- ment that some members were unable to represent their respective departments. He observed that if such a condition continued to exist no progress at all could be made, ADMIRAL INGLIS commented that it appeared to him that this difficulty might be cleared up a bit by reference to the Navy's position in the matter. He said that he and ADMIRAL STONE were authorized to represent the Chief of Naval Operations and the Secretary of the Navy insofar as the drafting of a recommended NSCID for submission to the National Security Council would be concerned, but this did not mean that they could bind the Chief of Naval Operations and the Secretary of the Navy by statements made at the current meeting. He said it was his understanding that consideration of any draft which might be approved at the current meeting and forwarded to the NSC would appear as an item on the agenda for a future NSC meeting and that since the agenda will no doubt be circulated to members in advance of the meeting, the Chief'of Naval Operations will have ample opportunity to consult with the Secretary of the Navy before the latter is called upon to. make a decision on the matter, GENERAL, CABELL said that this was also his view, ADMIRAL INGLIS commented that he of course could not"speak for the Secretary of the Navy and the Chief of Naval Operations" in the sense of binding them to a predetermined course of action, but that he and ADMIRAL STONE could represent the Chief of Naval Operations and the Secretary of the Navy in arriving at a mutu- ally acceptable draft of an NSCID to be submitted to the Secretary of the Navy as a member of the National Security Council, ADMIRAL STONE said this was a clear expression of his own views, GENERAL CHAMBERLIN said that his earlier statement would have to stand, however, adding that he could not concur in any final action at the present meeting but would be glad to contribute to the discussions, TOP SECRET - 3 - Approved For Release /4ny q1?- S00362R000200110004-3 iii. ~ TOP SECRERpproved Release 2002/08/21 : CIA-RDP85SO R000200110004-3 ADMIRAL HILLENKOETTER again expressed disappointment at the limitations which would have to be observed by some members but commented that "if that's the way things are, we will have to go ahead and do the best we can." He asked for initial comments. MR. ARMSTRONG said he would like to review the Department of State's position.- He said that his Department had from the beginning of the "charter problem" taken the position that the National Security Council is the proper "parent" body for USCIB. He added that the Department of State still considers this to be the case. Thus, he said, the draft NSCID up for consideration at the present meeting had returned the question of "parentage" to the sphere upon which the Department had previously expressed agreement. He added that, however, in examining this draft the Department of State representatives had concluded that certain changes might be mutually acceptable and beneficial to USCIB members. Thus, for example, he said, it had been considered that certain of the provisions in the draft might better be handled by later, implementing directives and some of the phrase- ology involving repetition could be improved. He added that the result of these conclusions took shape as an alternate draft of the NSCID which was somewhat shorter but essentially the same as the CIA's draft. He said that he wished to ask a procedural question in that at some time during the deliberations on the "charter problem" the Department of State desired that its al- ternate draft be put forward for consideration by the Intelligence Advisory Committee (IAC). He asked whether those present desired to consider the two drafts simultaneously or preferred to post- pone consideration of the Department of State's draft until the CIA's draft had been checked. He said that perhaps Admiral Hillenkoetter could decide how this should be handled. ADMIRAL HILLENKOETTER said he would leave the decision to members. The matter was discussed 'briefly and it was agreed to take the CIA's draft up first, to consider it paragraph by para- graph, and then to compare the resulting version with the al- ternate draft prepared by the Department of State. GENERAL CABELL said he again suggested that the phrase "and unified direction" be deleted from the Navy's proposed re- draft of paragraph 1 of the NSCID draft. He said that other- wise the Navy's proposed paragraph was acceptable to him. GENERAL CHAMBERLIN read his proposed revision of paragraph l of the NSCID draft and commented that his version omitted the phrase "and unified direction" but was otherwise the same as the Navy's version. He said he would place a period after the words "such intelligence" and would delete the words enclosed by parentheses. ADMIRAL HILLENKOETTER asked MR. ARMSTRONG's opinion and the latter said he would prefer to reserve his comments until the Department of State's alternate draft had come up for consideration. ADMIRAL STONE endorsed the Navy's paragraph 1 as written. TOP SECRET 0 : CIA-RDP85S00362R000200110004-3 a "~ ""proved 40 Release 2002/08/21 : CIA-RDP85S00 2R000200110004-3 TOP SECRET MR. ARMSTRONG invited attention to possible need for use of the phrase "there is hereby" since the NSCID will be an enacting document. ALL 12MBERS agreed to include this phrase. ADMIRAL INGLIS said he noticed that both in the CIA's draft and in ID's draft of paragraph 1 the phrase "under the National Security Council" had been omitted. He asked whether this omission had been decided upon for any special reasons. i.DLIIRAL HILLENKOETTER said that this USCIB-NSC relation- shiV was defined in later paragraphs of the draft. GENERAL CHAMBERLIN commented that this phrase most cer- tainly should not be left out of the draft completely, and COLONEL HAYES said that the phrase came in the preamble to the directive. GENERAL CABELL said that his earlier comments had been made on the assumption that substitution of the Navy's para- graph 1 would involve deletion of the preamble. ADMIRAL HILLENKOETTER said that the substitution of the Navy's paragraph for the present paragraph 1 would not disturb the preamble. ADMIRAL INGLIS said he considered that paragraph 1 might be a good place to define the relationship of USCIB to the NSC anyway, since this would establish the concept early in the directive. MEMBERS discussed this suggestion and agreed to include the statement of relationship. DISCUSSION then returned to the phrase "and unified direc- tion." ADMIRAL INGLIS said that ADMIRAL STONE had indicated a desire to leave the "and unified direction" phrase in the paragraph. ADMIRAL STONE said he would defer to the wishes of the members in this matter and that hence he would go along with the deletion of the phrase. He recalled, however, that this same matter had been exhaustively discussed in USCIB meetings and inclusion of the disputed phrase had been agreed upon. He said, however, that if those present at the current meeting favored omitting the phrase, he would defer to their wishes; adding that, in substance, the phrase "authoritative coordina- tion" might be interpreted to mean approximately the same thing as "unified direction." He commented, however, that one reason for inclusion of both phrases had been the fact that both appear in the National Security Act of 1947 (NSA). TOP SECRET 5 - Approved For Rel a e 00 7O/1 . &?k RDP85S00362R000200110004-3 roved *Release 2002/08/21 : CIA-RDP85S000R000200110004-3 ADIGIIRAL INGLIS said he agreed with ADMIRAL STONE, and ADMIRAL HILLEI\TIKOETTER concurred, adding that he would rather have both phrases included but would accept deletion of the "unified direction" phrase in deference to the desires of other members of.the Committee. GENERAL CABELL raised a question as to whether the preamble should specifically cite Section 101 as well as 102 of the NSA or was necessary at all. During subsequent discussion of the question whether any section of the Act should be mentioned specifically, 1&Z. AM4STRONG and ADMIRAL HILLENKOETTER emphasized that the terminology of the preamble was standard for all NSCID's and the former commented that Section 102 of the Act was included as a citation of authority. It was agreed to cite 101 and 102. ADMIRAL HILLENKOETTER read the revised preamble and para- graph 1 and asked for cor,iuaents. ADIIRA,L INGLIS said he considered USCIB's function, with relation to the Director of Central Intelligence (DCI) to include more than merely advising him regarding the "protection of the source" of CO11INT, GENERAL CHJ Vil3ERLIN and ADMIRAL INGLIS discussed this aspect of the problem and the former maintained that: 1) "protection of sources" is all that is authorized by the NSA of 191+7, 2) this fact does not operate to exclude all other types of advice concerning COMINT. In reply, AM,11IRALS HILLENKOETTER and INGLIS expressed the view that the NSA prescribes a number of functions other than "pro- tection of sources" for the DCI. ADMIRAL HILLENKOETTER mentioned the functions of "collecting" and "coordinating" the nation's intelligence as examples. GENERAL CHAMvBERLIN expressed the view that, if the DCI is to take a hand in the collection of C011INT, the scope and nature of such a plan should be defined and examined by the CO?1INT authori- ties and an appropriate provision therefore should be included in the NSCID establishing USCIB. He added his belief that while the other functions enumerated by ADNIREL IILLENKOETTER might apply to the general field of intelligence, the DCI's relationship with respect to COMINT is limited to the protection of sources. TOP SECRET TOP Approved For Release 2002/08/21 : CIA-RDP85SO0362R000200110004-3 Approved Release 2002/08/21 : CIA-RDP85S00 R000200110004-3 0 TOP SECRET ADMIRAL HILLENKOETTER observed that the law makes no exceptions. GENERAL CHAMBERLIN reiterated his belief that if COMINT is to be subject to the mentioned, additional functions of the DCI, re- sulting relationship should be minutely defined by the document formally establishing USCIB. ADMIRAL INGLIS commented that these added functions are al- ready in operation since the CIA "collects" COMINT from the pro- ducing agencies and "coordinates" COMINT,.so received, with the rest of intelligence. He added that the COMINT producing agencies constitute one of the DCI's "sources." He added that the broader, simpler wording of the Navy's paragraph 1 made it de- sirable as an opening statement of the provisions of the NSCID. ADMIR'.L STONE asked whether it might be beneficial to insert the word "th.ose" before the word "matters" and thus delimit the field of tl_:: DCI's jurisdiction over COMINT more clearly. GENERAL CHAMBERLIN said he believes that the DCI has no re- sponsibility with respect to COMINT except that of "coordination." ADMIRAL HILLENKOETTER said that the Navy's proposed paragraph 1 would have to be accepted if such was the General's belief. GENERAL CHAMBERLIN replied that he had no wish to delay pro- ceedings, though he would prefer the Navy's paragraph 1 as amended thus far. ADMIRAL HILLENKOETTER said he would accept this version, as amended, and added that the word "those" would be inserted as suggested by ADMIRAL STONE. ADMIRAL HILLENKOETTER then invited attention to paragraphs 2, 3, and 4 in that order. MEMBERS present APPROVED these paragraphs as they appeared in the CIA's draft. Proceeding to paragraph 5, ADMIRAL HILLENKOETTER commented that the only changes over the same statements as they appeared in the Executive Order proposed by USCIB was the substitution of the NSC for the appelate body of four (Under Secretary. of State and three Chiefs of Staff) proposed by USCIB. TOP SECRET 7- Approved For Release 2002/08121 : CIA-RDP85SO0362R000200110004-3 Or bLcilt T GENERAL CHARIB.iPRLIN said if he were Secretary of the Army he would reject this paragraph because it has the effect of making a perfunctory organ out of the NSC since two of its members would have no vote on any matters pertaining to COMINT. During the succeeding discussion of this view, GENERAL CHAMBERLIN took the position that the Secretary ofDefense's ex- ercise of his privilege of securing unity of opinion within the armed services might result in two of the Secretaries attending an NSC meeting (for consideration of COMINT problems) and. being under orders to vote aparticular way. ADMIRAL HILLENKOETTER and ADMIRAL INGLIS opposed this position, maintaining that by re- wording of paragraph 5, by the intent and provisions of the NSA of 1947, and by precedent, occurrence of the situation foreseen by GENERAL-CHAMBERLIN becomes highly improbable. With respect to the precedent aspect of the matter, they cited the Secretary of Defense's handling of the recently settled "dominant interest" problem. In connection with ADMIRAL INGLIS' comment that the Secretary of Defense "adjudicates" differences between the heads of the Services rather than silences the expressions of such differing opinions, GENERAL CHAr11BERI,IN stated his belief that if the Secretary of Defense takes a disputed question under advise- ment the best settlement obtainable should be worked out at Secretary level rather than to have the problem referred up to the NSC since it would seem pointless for two of the disputants to go to the NSC meeting powerless to vote as they desire. To this ADMIRAL HILLENKOETTER replied that the Secretary of Defense might not always desire to force conformity at Secretary level but, on the contrary, might desire to refer the matter up to NSC after merely having received expressions of the varying opinions of Service Secretaries. GENERAL CHAMBERLIN observed that he hoped Mr.' Forrestal would not take any such differences of opinion to the NSC, and ADMIRAL INGLIS agreed, adding that it would seem desirable to settle any such difficulties "within the family." ADMIRAL HILLENKOETTER asked for additional comments and there there were none. ALL MEMBERS AGREED to go on to paragraph 6. ADMIRAL HILLENKOETTER commented that paragraph 6 had been in- cluded because under the present plan no Executive Order is to be obtained. ADMIRAL STONF suggested adding the phrase "not inconsistent with the National Security Act of 1947." TOP SECRET Approved .eiease 2002/08/21 : CIA-RDP85S000R000200110004-3 - g - Approved For Release 2Q4/D8121.; CIA-RDP S00362R000200110004-3 .TOP SECRET TOP SECRET GENERAL CHAMBERLIN recomm ' ded that paragraph 6 be omitted. He said he hoped-that no unrealistic concepts would be permitted to sha=pe parts of the NSCID, adding that the Army has COMINT activities which are now'exclus ively under the jurisdiction of the theater commander. He said that inclusion of paragraph 6 would thus conflict with, and might destroy, one part of the internal organization of the Army. ADMIRAL HILLENKOETTEER observed that exclusion of the para- graph Vould leave the door open to non-USCIB agencies entering the'COMIINT field. GENERAL CH~U1B1 LIN said that if the was to l purpose of paragraph 6 exc ude such an eventuality, the specifically so worded. paragraph should be COLONEL HAYES asked whether this latter point was not covered by paragraphs 7, 8,and 9 of the draft, and ADMIRAL HILLENKOETTER agreed that these paragraphs did so, and in some detail. GENERAL McDONALD asked whether the NSC controls the Federal Bureau of Investigation (FBI). ADMIRAL HILLENKOETTER replied that he knew of no pertinent exceptions to the NSC's jurisdiction over the executive and administrative branches of the government, adding that in any event the President is the common superior of both the NSC and the FBI. MEVrB RS discussed this item briefly and GENERAL CHAMBERLIN suggested that paragraph 6 be by-passed for the moment and that paragraphs 7, 8, and 9 be checked to see whether they cover the same concepts as 6. ALL MEMBERS AGREED and ADMIRAL HILLENKOETTER noted that both paragraph 7 and 8 were identical with the corresponding paragraphs in the Charter which had been approved by USCIB. MEMBERS AGREED to accept paragraphs 7 and 8 and to delete paragraph 6. Turning to paragraph 9, ADMIRAL HILLENKOETTEM said that, ex- cept for the first sentence, the paragraph was identical with the one that appeared in the old draft of the USCIB Charter. GENERAL CHAMBERLIN asked for a definition of the phrase "competent authority in the COMINT field" and ADMIRAL HILLENKOETTER replied that, to him, this phrase meant Captain Wenger and Colonel Hayes; i.e., the heads of the COMINT operating agencies. TOP SECRET Approved For Release 2T2 ~ftwff 00362R000200110004-3 Approved FFRelease 2002/08/21 : CIA-RDP85S00 R000200110004-3 Approved. Release 2002/08/21 : CIA-RDP85S00,R000200110004-3 sC