LETTER TO MORTON H. HALPERIN FROM HENRY A. KISSINGER

• Document Type: CREST
• Collection: Library of Congress
• Document Number (FOIA) /ESDN (CREST): LOC-HAK-455-6-4-6
• Release Decision: RIPLIM
• Original Classification: T
• Document Page Count: 44
• Document Creation Date: January 11, 2017
• Document Release Date: November 4, 2011
• Sequence Number: 4
• Publication Date: May 18, 1975
• Content Type: LETTER

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NATIONAL SECURITY COUNCIL
WASHINGTON. D.C. VMS
May 18 1975
Dear Mr. Halperin:
I have your letter of April 10, 1975, appealing the denial of your
request for the 1952 Presidential Memorandum on the National
Security Agency.
(750)2361
We have carefully examined the document in the light of your
request, and have determined that it is exempt from compulsory
disclosure under 5 U. S. C. 552 (b) (1). Moreover, the document
is classified and exempt from the General Declassification Schedule
pursuant to the provisions of Section 5 (B) (2) and (3) of Executive
Order No. 11652 (March 8, 1972), as amended.
After consultation with other agencies having an interest in the
subject matter of the document, we have also determined that
the document is exempt from compulsory disclosure under 5 U.S. C.
552 (b) (3). In this connection, we refer you to Section 6 (a) of
Public Law 86-36 (73 Stat. 64, May 29, 1959); 18 U.S. C. 798 (a)
(3); and 50 U.S. C. 403 (d) (3).
As you know, you have the right to seek judicial review of this
denial of your request under the provisions of 5 U. S. C. 552.
INSS review completed.
Mr. Morton H. Halperin
122 Maryland Avenue, N. E.
Washington, D. C. 20002
? [NSA review completed
Best regards,
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?Tcre?sm-Niipaub
IP
MEMORANDUM
NSA review completed
NATIONAL SECURITY'COUNOIL
May 13
MEMORANDUM FOR: HENRY KISSINGER
THRU JAEN SCOWCROFT
FROM: JEANNE W. DAVIge
RICHARD OBER*.
SUBJECT: Appeal under the Freedom of Information Act
for the Declassification of a 1952 Presidential
Memorandum on the National Security Agency
An appeal to Head of Agency has been submitted by Mr. Morton Halperin
under the Freedom of Information Act for the declassification of a 1952
Presidential Memorandum concerning the National Security Agency
appeal to the Archivist for the same document was recently denied after
consultation with and concurrence from the Departments of State and
Defense, the National Security Council, the Central Intelligence Agency
and the National Security Agency. The Justice Department has agreed
to defend this denial. In addition, you have denied Mr. Halperin's
appeal for all the NSCIDs issued since 1948, including the December 29,
1952 version of NSCID No. 9 on communications intelligence which is
taken almost verbatim from the requested Presidential Memorandum.
Therefore, in conformance with the position already adopted on this
matter, a letter for your signature denying Mr. Halperin's appeal is
attached at Tab I.
According to the Freedom of Information Act procedures, a response on
Mr. Halperin's appeal must be sent by"Ttiesiday`: May 27, 1975. The
twenty-day period allowed for reviewing an appeal ends May 13, 1975
and we have notified Mr. Halperin of the ten-day extension permitted
under the law.
"TO?-SECREVXGDS
(Unclassified when
separated from Tab B)
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COP SECRET1WS - 2 - 11,
BACKGROUND
In a letter dated March 26, 1975 (Tab A), Mort Halperin requested under
the Freedom of Information Act the release of a 1952 Presidential Memorandum
concerning the National Security Agency and communications intelligence
activities (Tab B). A response was sent to Mr. Halperin on April 9, 1975
(Tab C) denying his request on the basis that the Presidential Memorandum
was exempt from declassification under Section (b) (1) of the amended
Freedom of Information Act. This exemption is allowed for material specifically
required by Executive Order to be kept secret in the interest of national defense
or foreign policy. At the same time, Mr. Halperin was advised of his right to
appeal.
In a letter dated April 10, 1975, Mr. Halperin submitted an appeal for the
declassification of the 1952 Presidential Memorandum (Tab D). He indicates
in his letter that he will initiate court action if his appeal is denied.
During this same period, a request for the same document was aubmitted by
Mr. Louis Kruh to the Archivist of the United States (Tab E). After consulta-
tion with the Departments of State and Defense, the National Security Council,
the Central Intelligence Agency and the National Security Agency, the request
was denied on the basis of the exemption provided under Section (b) (1) of the
amended Freedom of Information Act (Tab F). This denial was appealed by Mr.
Kruh and representatives of the concerned departments and agencies met for
consultations on the appeal. Mr. Kruh's appeal was denied (Tab G) on the
basis of Section (b) (3) of the amended Freedom of Information Act which
covers matters "specifically exempted from disclosure by statute." Public Law
86-36 (Section 6), 18 U. S. C. 798 (a) (3) and 50 U. S. C. 403 (d) (3) were
cited as applicable statutory authority (see letter at Tab G).
CONSIDERATIONS
The appeal submitted by Mr. Kruh to the Archivist for the same 3.952 Presiden-
tial Memorandum has been denied and the Department of Justice has agreed to
defend that denial.
On April 30, 1975, General Scowcroft signed a letter on your behalf denying
Mr. Halperin's appeal for the declassification of all NSCIDs issued since 1948
(Tab H). This denial included the December 29, 1952 version of NSCID No. 9
on communications intelligence which was taken directly from the 1952 Presi-
dential Memorandum on communications intelligence activities.
TOP SECRET/XGDS
(Unclassified when
separated from Tab B)
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J
The proposed letter to Mr. Halperin has been cleared with Philip Buchen, the
Department of Justice, the Department of Defense and the National Security
Agency. In response to our request for clearance (Tab I), Mr. Buchen recom-
mends in his reply (Tab J) that, in view of pending lawsuits brought by Mr.
Halperin against you, General Scowcroft sign the denial letter on your behalf
as was done in response to the three earlier Halperin requests.
RECOMMENDATION
That General Scowcroft sign "Brent Scowcroft for" on the letter at Tab I
denying Halperin's appeal for the release of the 1952 Presidential Memorandum
concerning the National Security Agency.
- APPROVE -- DISAPPROVE _
OTHER
TABS
A Halperin Request (March 26, 1975)
- Presidential Memorandum on NSA (October 10, 1952)
Response to Halperin (April 9, 1975)
- Halperin Appeal (April 10, 1975)
- Kruh Request to Archivist (February 18, 1975)
Denial of Kruh's Request (March 19, 1975)
- Denial of Kruh's Appeal (April 25, 1975)
- Denial of Halperin Appeal for NSCIDs (April 30, 1975)
I - Memorandum to Philip Suchen (May 6, 1975)
Memorandum from Philip Buchen (May 12, 1975)
TOP SECRET/XGDS
(Unclassified when
separated from Tab B)
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NATIONAL SECURITY 'COUNCIL
WASHINGTON. D.C. 20506
Dear Mr. Halperin:
I have your letter of April 10, 1975, appealing the denial of your
request for the 1952 Presidential Memorandum on the National
Security Agency.
We have carefully examined the document in the light of your
requist, and havedetermined that it is exempt from dornpulsoky
disclosure under 5 U.S. C. 552 (b) (I). Moreover, the document
is classified and exempt from the General Declassification Schedule
pursuant to the provisions of Section 5 (B) (2) and (3) of ntecutive
Order No. 11652 (March 8, 1972), as amended.
After consultation with other agencies having an interest in the
subject matter of the document, we have also determined that
the document is exempt from compulsory disclosure under 5 U.S. C.
552 (b) (3). In this connection, we refer you to Section 6 (a) of
Public Law 86-36 (73 Stat. 64, May 29, 1959); 18 U.S. C. 798 (a)
(3); and 50 U.S. C. 403 (d) (3).
As you know, you have the right to seek judicial review of this
denial of your request under the provisions of 5 U.S. C. 552.
Best regards,
Henry A. Kissinger
Mr. Morton H. Halperin
122 Maryland Avenue, N. E.
Washington, D. C. 20002
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LI;LupLy refer to: D-5
MORTON H. HALPERIN
122 MARYLAND AVENUE. N. E.
. WASHINGTON. D. E. Z0002
(202) 544..5360
Nrs. Jeanne Davis
Staff Secretary
Room 374
National Security .Council
? ? Old Executive Office Building
? Washington, DC 20506
Dear Hrs. Davis:
March 26, 1975
. ?
This is a request under the Freedom of Information Act
emended (5 U.S.C. ?552).
?
write to request a copy of the 1952 Presidential Ilemorand? ura
establishing the National Security Agency. I enclose a letter
from the Department of Defense referring me?to you in connectioi.
with this request.
.? ?
(more)
?
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14ri. Jeanne 11,
National Security Council.
March 26, 1975
Page Two
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As you know, the amended Act provides, that, 5.f some parts of
a file are exempt from release that "reasonably segregable" portions
shall be provided. I therefore request that, if you determine that
some portions of the requested information are mempt, you provide me
immediately with a copy of the remainder of the file. I, of course,
reserve my right to appeal any such deletions.:
? ? . . ?P?
?
Xf you deternine that some or all. of the requested intorno-
tion is exempt from release, I would appreciate your .advising me as -
to which ?exemption(s) you.believe covers the information which yo.0
are not releasing.
? ? 0 ?
? ' ?-? ?
?. .
- ? ?. * am prepared to pay costs specified in your regulations for -
-..
. 4locating the requested files and reproducing them. . , ... . - ...... . ? .'.....
,? . ? . . ?:. :- .-
.
??- .
As .you "know, the amended Act permit you to -reduce or waive ..?
the fees if that "is in the public interests because furnishing the .
? information can be considered as primarily benefiting the' p- ublic."
X believe that this request plainly fits that category?and ask you .
? ....? . 4
io waiVe any' fees;. -
. - ?
? ? ? . ?-,-
,
Xi you have any questions regarding this request, please .? .,?
telephone me at the above number. . - . ? . .? . ?? ? 4
-..
Is provided for in the amended Act, I will expect to. receive
- .. ? . . .? -I ."?: ?
?-? S.
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a reply within 10 working days. ? .? ?. ? ' :.-
. ? :. .?
,????? - .
vath/cmm.
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.:-?
4
Sincerely yours,
Nor^ ton U. llalperin
? . ?-? '
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?
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MA-1./413-
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24 October. 1952
MEMORANDUM FOR: The Secretary of State
. The Secretary of Defense
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.
X 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 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 (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 Intelligente, who
shall be the Chairman of the Boards
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(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.
o. 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
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 eachlkhavc%twoTirott;u:' 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
2
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TOR SECRET
L
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 consulta-
tion with the Secretary of State, thdt.the subject
? matter presents a problem of an emergency nature
? and requires immediate action, his decision shall
govern, Rending 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 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
palicle 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;
NSA
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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 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 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
NSA TS Control No.L.LZ:
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a.
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 sand 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 USCIB, the Director of NSA
shall be responsible for accomplishing the mission of NSA.
For this purpose all COMINT collection and ptoduction
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)
policieb
(2)
research
Formulating necessary operational plans and
?for the conduct of the U.S. COMINT activities.
Conducting COMINT activities, including
and development, as required to meet the
See Public Law 513--elst Congress 1950
NSA IS Control No, 7'4
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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 wahEn'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.
(5) SubAect 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 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..NSA S Co KP
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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 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- specifically applicable
to COMINT.
/s/ HARRY S. TRUMAN
NSA IS Control 130,242.-LCC
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NATIONAL SECURITY COUNCIL
WASHINGTON. D.C. 2050$
April 9, 1975
Dear Mr. %.clalperin:
lam writing in response to your letter of March 27, 1975
(D.5), in which you. request a copy of the 1952 Presiden.
tial memorandum establishing the National Security
Agency. The NSC Staff has reviewed your request and
has determined that the information contained in this
document is exempt from release under Section`(b)(1)
of the amended Freedom of information Act.
As you know, thii decision may be ?appealed to
Mr. Kissinger, in his role as Assistant to the Presi.
dent for Natienal Security Affairs. Such an appeal
should be addressed to me as Staff Secretary of the
National Security Council.
Sincerely,
I
eanne W. Davis
Staff Secretary
Mr. Morton H. Halperin .
222 Maryland Avenue, N. E.
Washington, D. C. 20002
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MORTON H. HALPERIN
122 MARYLAND AVENUE. N. E.
WASHINGTON., D. C.20002
(202) 544-53130
Mrs. Jeanne W. Davis
Staff Secretary
National Security Council
Washington, D.C. 20506
Dear Mrs. Davis:
to D-5
:1 I
April 10, 1975
This is..an appeal pursuant to sub-section (a)(6) of the
Freedom of Information Act (5 U.S.C. ?552).
I have a letter dated April 9, 1975 from you denying my
request for the 1952 Presidential Memmorandum establishing the Nstii
al security Agency. This letter indicated that an appeal should
be directed through you; this letter constitutes that appeal.
? I am enclosing a copy of my exchange of correspondence with your
? agency so that you can see exactly what files I have requested and
the insubstantial grounds on which my request has been rejected.
According to the Amended Act, any reasonably segregable portion
of a requested record must be made public. On this matter I refer
you to the Attorney General's 1974 Freedom of Information Amend-
ments Memorandum, pp. 14-15. In order to deny my request in toto,
? you must conclude that each and every sentence could be expected
to cause damtge to the national defense. I find it difficult to
believe that this judgment has been reached.
I trust that upon examination of my request you will conclude
that the information I have requested is not properly covered by
exemption (b)(1) of the amended Act and will make the information
promptly available.
As provided for in the Act I will expect to receive a reply wit
twenty working days.
If you pre unable to order release of the requested information,
I intend to initiate a lawsuit to compel its disclosure.
Yours sincerely,
2741.0 At
Morton H. Halperin
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, W
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otfii Xful_ No Objection to Declassification in Part 2013/03/19: LOC-HAK-455-6-4-6 (*.V.
1111r
.'eceived NM.
FEB 2 0 iLYIS
February 18, 1975
? Mr.? James B. Rhoads
? Archivist of the United States
General Services Administration
? National Archives and Records Service
Washington, D.C. 20408
Dear Mr. Rhoads:
The purpose of this letter is to requ? est a
copy of President Truman's directive which established
the National Security Agency. '
I understand this directive is in the form of
memoraldium from President Truman to the Secretaries of
State and Defense dated October 24th, 1952. It cd/xie6
control number A 20707 5/4/54/050.
This request is being made under the Freedom of
Information Act and its Amendments.
Sincerely yours,
41016,404:1 ietAAt
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W
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411,
NAR g 1915
-
Louis Kruh
;Isar :4%. lxuht . .
This is in response to your letter received at the National Archives en.,?
February 2.0,??197.5,?inmilich you?requested access?under the.Freedaa of
Infixr=rtial Art, as aTended,..S 1.L.S.C4 552, to a mr..-orantitp dated Coto-
ber'244 1954froa.President Earry fi...7r.-,. to the Secreteries of State
and Defense authorizing tha establishment of the National Security Agency. ?
Ltdei-SIttc. ili DeolassificatiOif of Presidential Tapers, of Executive Orior
-11652, Clasaification'and Declassification of national Security Imforma-'
tion mard Material, the "Arthivist of the Unitesi States shall have liathority
to review and decl..sifY inSeroation -44-1d!taterial-tedch?hns been clpssi-? :
Red by a Prtrsitat. his 7thite.ilouse Sta;? or special c-,,nittee or c0=m?;-
. sion appointed by him and widen' the Archivist has in his custody at my ?
? archival deoositeri,:including a Presidential Library. Such 6eo1assifi,
cation s!-.412 only Le undartakea in accord 1-iith . . . (ii) cansultaticm
with the Deoartnenta having a 1yr-1...nay sut,jectmatter interest, aa4 ?
.. (iii) the pioVisions oi!-:-ection 5," To meet the require:tents o.f the .
J.
-* ExecJtivet order, the National. Ardhives has consulted $6.-th the appropriate
t nepartReats or aRencies to 4eter3i1e whether the doc=eat you Ilavo re- ?
..
.4 quested, thich hears a To !.:;nTet classification marl.., containsin-
-4
.4 formation 7A4tiCh if released. would daaage the National security of the ?
...
?
u
Vaud Stat. CT 'i'l et-1/4,T eh* iii0CI.V.e. Atrzmay now he deciassiiied without.
:3?
I: coiusing exaage to the national securit-i... Mose art t5 ?Tad AgeflaCS ? .
-.I which ',ere ..cpriuited ;ire the1?..-partzlent of State (Willi.= G. clyland,
j?
4 Mrector of intelligence and P.search), ? th&.. r.epartrestt of Cei-tase (David ,
o ..
'g ....? O. Cooke, Deputy Assistant Secretamy for A:4-',thnistration, C.1--.7fic:-... of tte
.. i ? Assistant Sepretary of :7efease - Cenotroller), tile Central intziligcmce
I,
i Agency (Robert S. YOung, Freedom of infori.tation Ceordinator),?tbe ?
.i atonal Security Countril. (Jeanne 71. ravis, Siff Secretary), the the ?
71
?, National Setnrity Agency (Nora Boardman, Information Officar).
?I
STAT
4
4
$
V
all the basis a these consultations lidth the actene.es having pry
subjact-natter intarost, Itavil dote -mined that the rtquizsted oczttt
contains inforAntion uhich has been specifically- =athorized under cri-
teria established iy Executive order to be !ierpt secret in the Interest
of national defense or foreign policy; and, that the doc=ent is properly
classified accordin% to both procedural and suhstantive criteria estab-
liahed 1.1 raa4utiva order. rjle docrnent contains cissaifie'd inibrratien
?
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?
No Objection to Declassification in Part 2013/03/19: LOC-HAK-455-6-4-6
liblcdl if relased would disclose current intelligence nethods, and a
system, plan, project, or specific :Forel* relations statter the con
tinnily, protection of uhich 'is essential to the national security.
I nist, there4ora, darr?, your request truier exe..7.3tion 1 of the Freedom
of information Act, as =tended., i?ch specifies that the Act does not
apply to rzatters that are "(1)(A) specifically authorized unjer cri-.
teria established by en Exacotive order to be -kept secnr. t in the
tatorest of national defense or forei.svi policy and (B) aro in fact
prerly claSSilied perrsireit to such Execative order".
If you wish to appeal this denisl, ymt may se....d a writteni an. peal to tl-x)
ftputy Archivisz of the United States. Ceneral Services Atia-L-listr.ation,
AND), Vashingten, D.C. 20408. Please nark both the fr,= of the lette-r
^ tad the envelkte? !rPMFM4 OF INMiikt:IXION APPEAL," in order to expedite
your ;veal.
droam????Nologgi?
SinecrilirTrI ""'
? L* C. urPF-41.
Astft.Tf-Airchivist
for th?htianal Archives
?
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111,
$
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0
No Objection to Declassification in Part 2013/6-3/19 116741AK-455-6-4-6
IP? National Archives andlircords Service
. Washington, pc 20408
?
PR 2 5 1975
Mr. Louis. 'Crab
Dear Mr.. ICxuli:
This is in? response to your letter received at the National Archives
On March 31, 1975, in which you appeal under the Freedom of
information Act the denial made by E. G. Campbell, Assistant
Archivist for the Nablonal Archives, for access to a memorandum
dated October 24, 1952, from President Harry Truman to-the
Secretaries of State and Defense relating to the National Security
-Agency.
We have again consulted with the agencies having a primary
subject-thatter interest in this document. These agencies are:
the National Security Council; the Central Intelligence Agency;
? the National Security Agency; the Department of Defense; and the
bepartment of State. ?
Having thoroughly Considered the opinions offered by these
-agencies, I must deny your appeal under 5 U. S. C. 552 (b)(3),
? matters that are "specifically exempted from 'disclosure by statute."
Section 6(a) of Public Law 86-36 (73 Stat. 64, May 29, 1959)
provides that "Except as provided in subsection (b) of this section,
nothing in this Act or any other law (including, but not limited to,
the first 'section and section 2 of the Act of August 28, 1935
(5 U. S. C. 654) shall to require the disclosure of the
organization or any function of the National Security Agency, of any
Information with respect to the activities thereof, or of the names,
titles, salaries, or number of the persons employed by such agency."
Additionally, subsection 793 (a)(3) of title 18, United States Code,
prohibits the release of any classified information concerning the
communications intelligence activities of the United States or any
? Es ? AA . IDI. I -..*?
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? ? , . ?
L No Objection to Declassification in Part 2013/03/19 : LOC-HAK-455-6-4-6
:
? ? ?
foreign government, and subsection 403 (d)(3) of title 50, United
States Code, protects information pertaining to intelligence sources
and methods from unauthorized disclosure.
In addition, the document you seek remains security classified
"Top Secret" at this time. For this reason we also withhold it
under 5 U.S. C. (b)(1). The status of the document's security ?
classification is the subject of further administrative review.
This letter represents the final administrative consideration of
your request. You have the right to file a civil,action in either the
? Federal District Court for the Eastern District of New York or
?the Federal District Court for the District of Columbia to seek
judicial review of this decision.
Sincerely, ?
erPezzi,
JAMES E. O'NEILL
Deputy Archivist
of the United States
CC:
?Director, Free52n1 of Infor=ation Staff
Dermrtmcnt of State
Ceutxal, IrAelligeare Agency
- Mr. Wortlan Drtardn
Secarit; A.7,c.r.7y 7
VIM
302=10 V. raVig
National Secarity Cam
'? Directo...-nte fr I-reedoln of informatiou
loeparta.ent of Lefeuze
Mr. George Weller
Asaistant U.S. Attorney - kiew York
?
M. .F..obert Sirxchin
Department of J-istice
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r
? ? MD ? ? ? M? 1.W
STAT
?
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W 1111,
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1- /
Nor NATIONAL SECURITY COUNC11,11F ?
'WASHINGTON. D.C. 20506
April 30, 1975
Dear Mr. Halperin:
I have your letter of March 27, 1975 appealing the denial of your
request for all National Security Council Intelligence Directives
issued since 1948.
We have carefully examined the .documents in the light of your
request, and hive determined that they are exempt from com-
pulsory disclosure under 5 *U.S. C. 552 (b) (1) and (3). Also,
the documents are classified and exempt from the General
Declassification Schedule pursuant to the provisions of Section
5 (B) (2) and (3) of Executive Order No. 11652 (March 8, 1972),
? as amended.
As you know, you have the right to seek judicial review of this
denial of your request under the provisions of 5 U. S. C. 552.
Mr. Morton H. Halperin .
122 Maryland Avenue, N. Z.
Washington, D. C. 20002
Best regards,
AA-hip
Henry A. Kissinger
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1,, J 11.
MEMORANDUM
NATIONAL SECURITY COUNCIL
MEMORANDUM FOR:
FROM:
SUBJECT:
May 6, 1975
PHILIP BUCHEN
jEANNE W. DAVI
egg)
RICHARD OBER.
Appeal under the Freedom of Information Act
for the Declassification of a 1952 Presidential
Memorandum on the National Security. Agency
The attached memorandum has been prepared for Secretary Kissinger's
consideration in making the decision on the FOI appeal for the declassifi-
cation of a 1952 Presidential Memorandum concerning the National Security
Agency.
A letter for Secretary Kissinger's signature denying the appeal for the
release of this document is at Tab I. We would like to have your clearance
and/or comments on the letter. Because the Justice Department has already
agreed to defend the denial of this document in another FOI appeal, we
assume that Justice will do the same in this case. We request, however,
that you obtain confirmation by telephone of this assumption from Justice
and include this in your response to us.
Because the anal decision must be sent by Tuesday, May 13, 1975, unless
for some unforeseen reason it is necessary to use the ten-day extension,
we would appreciate receiving your written response as soon as possible
and, in any event, no later than c.o.b. Thursday, May 8, 1975.
TOP SECRET/XGDS
(Unclassified when separated
from Tab B)
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n
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j MIF
THE WHITE HOUSE
WASHINGTON
May 12, 1975
MEMORANDUM FOR: JEANNE DAVIS
THRU: PHIL B UC HENN R.
FROM: BILL CASSELMAN
SUBJECT:
Appeal under the Freedom of Information
Act (from the denial of a 1952 Presidential
Memorandum on the National Security
Agency)
At your request we have reviewed the draft letter, attached at Tab I
of your May 6, 1975, memorandum, rendering a denial under the
Freedom of Information Act (FOIA) of the appeal by Mr. Halperin for
disclosure of the above-cited document. In addition, as required by
Department of Justice regulations, we have sought consultations with
the Department's Freedom of Information Act Committee regarding
the defense of any lawsuit arising from this denial. Although the
constraints of time did not permit the formal convening of the
Committee, we are advised that Committee has recently considered
another request for the same document and informally concurs in
your decision not to release this document under 5 U.S.C. (b)(1)
and (3).
With respect to the (b)(3) exemption, we have revised your proposed
denial letter to reference appropriate statutes. In addition, we would
recommend that you consult with other agencies having a subject
matter interest in the document in order to permit the proper invocation
of the (b)(3) exemption based on these statutes.
With respect to the (b)(1) exemption, we note that the National Archives
and Records Service has denied a similar request for the same document,
stating that "itihe status of the document's security classification is the
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t:
subject of further administrative review." After discussion with your
office, we understand that this review has been completed and does not
alter the initial determination to withhold the document from disclosure
under (b)(1). Therefore, we have not alluded to this classification review
in the revised denial letter.
Finally, in view of pending lawsuits brought by Mr. Halperin against
Dr. Kissinger, we would advise that General ScoWcroft sign the denial
letter on behalf of Dr. Kissinger. As you know, such a procedure is
provided for National Security Council FOIA regulations and is consistent
with the treatment of Mr. Halperin's earlier requests.
Enclosures
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4.,
DRAFT 5/2/75
Dear Mr. Halperin:
have your letter of April 10, 1975, appealing the denial of your
request for the 1952 Presidential Memorandum on the National
Security Agency.
We have carefully examined the document in the fight of your
request, and have determined that it is exempt from compulsory
disclosure under 5 U. S. C. 552(b)(1). Moreover, the document is
classified and exempt from the General Declassification Schedule
pursuant to the provisions of Section 5(B)(2) arid- (3) -of rxecutive
Order No. 11652 (March 8, 1972), as amended.
After consultation with other agencies having an interest iii the
subject matter of the document, we have also determined that the
document is exempt from compulsory disclosure under 5 U.S. C.
552(b)(3). In this connection, we refer you to Section 6(a) of
Public Law 86-36 (73 Stat. 64, May 29, 1959); 18 U. S. C. 798(a)
"(3); and 50 U.S.C. 403(d)(3).
As you know, you have the right to seek judicial review of this
denial of your request under the provisions of 5 U.S.C. 552.
Best regards,
Henry A. Kissinger
Mr. Morton H. Halperin
122 Maryland Avenue, N. E.
Washington, D. C. 20002
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- 1111
NATIONAL SECURITY COUNCIL
WASHINGTON, D.C. 20506
Dear Mr. Halperin:
May 12, 1975
I have your letter dated April 10, 1975 in which you appeal the denial
of the release of a 1952 Presidential Memorandum concerning the
National Security Agency. Your letter was received on April 15, 1975.
It is necessary to extend the 20-day period for the response to your
appeal, as provided for under Section 6 B (iii) of the amended
Freedom of Information Act.
I would expect that a response to your appeal will be sent to you
on or before Tuesday, May 27, 1975.
Sincerely,
Staff Secretary
Mr. Morton H. Halperin
122 Maryland Avenue, N. E.
Washington, D. C. 20002
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a36
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s' NOV ?
NATIONAL SECURITY COUNCIL
ia.lperin
al
nature
to use
Isponding
ar appeal
:ause an
ate House
nv Secretary
of the
:er be sent
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4
NATIONAL SECURITY COUNCIL
?
May 9, 1975
MEMORANDUM FOR: JEANNE W. DAVIS
FROM:
SUBJECT:
Richard Ober
FOI Appeal by Mort Halperin
for a 1952 Presidential
Memorandum on NSA
Attached is a proposed letter for your signature
informing Mr. Halperin of NSC's intention to use
the ten-day extension, if necessary, in responding
to his appeal. The deadline for the regular appeal
procedure is Tuesday, May 13, 1975. Because an
answer has not been received from the White House
Counsel's office as yet and in order to allow Secretary
Kissinger adequate time for consideration of the
appeal, I recommend that the attached letter be sent
by toMorrow.
?
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I . ler
4.7f
MORTON H. HALPERIN
122 MARYLAND AVENUE, N. E.
WASHINGTON, D. 0.20002
(202) 544-S3130
Mrs. Jeanne W. Davis
? Staff Secretary
National Security Council
Washington, D.C. 20506
Dear Mrs. Davis:
This is..sh appeal pursuant to sub-section (a)(6) of the
eedom of Information Act (5 U.S.C. 1552).
I have a letter dated April 9, 1975 from you denying my
request for the 1952 Presidential Memorandum establishing the Nation-
al security Agency. This letter indicated that an appeal should
be directed through you; this letter constitutes that appeal.
I am enclosing a copy of my exchange of correspondence with your
agency so that you can see exactly what files I have requested and
the insubstantial grounds on which my request has been rejected.
According to the Amended Act, any reasonably segregable portion
of a requested record must be made public. On this matter I refer
you to the Attorney General's 1974 Freedom of Information Amend-
ments Memorandum, pp. 14-15. In order to deny my request in toto,
you must conclude that each and every sentence could be expected
to cause damage to the national defense. I find it difficult to
believe that this judgment has been reached.
I trust that upon examination of my request you will conclude
that the information I have requested is not properly covered by
exemption (b)(1) of the amended Act and will make the information
promptly available.
As provided for in the Act I will expect to receive a reply withi
twenty working days. ?
If you are unable to order release of the requested information,
I intend to initiate,allawsuit tor:compel its disclosure.
mhhicual
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Yours sincerely,
22104.,C 19(
Morton H. Halperin
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AV.
NATIONAL SECURITY COUNCIL
WASHINGTON. D.C. 20506
April 9, 1975
Dear Mr. Halperin:
I am writing in response to your letter of March 27, 1975
(D.5), in which you request a copy of the 1952 Presiden.
tial memorandum establishing the National Security
Agency. The NSC Staff has reviewed your request and
has determined that the information contained in this
document is exempt from release under Section (b)(1)
of the amended Freedom of Information Act.
As you know, this decision may be appealed to
../vir. Kissinger, in his role as Assistant to the Prcsi..o
dent for National Security Affairs. Such an appeal
should be addressed to me as Staff Secretary of the
National Security Council.
Sincerely,
eanne W. Davi;
Staff Secretary
Mr. Morton H. Halperin
122 Maryland Avenue, N. E.
Washington, D. C. 20002
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? Igir In reply refer o: D-5
ORTON H ALPER I N
122 MARYLAND AVENUE, N. E.
WASHIN0TON, D. C.20002
C202) 544-5380
March 26, 1975
Mrs. Jeanne Davis
Staff Secretary
Room 374
National Security Council
Old Executive Office Building
Washington, DC 20506
Dear Mrs. Davis:
This is a request under the Freedom of Information Act as
amended (5 U.S.C. ?552).
write to request a copy of the 1952 Presidential Memorandum
establishing the National Security Agency. I enclose a letter-
frpm the Department of Defense referring me to you in Connection'
with this req4**t.
more)
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?
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? mrs. Jeanne Davis
National Security Council
March 26, 1975
Page Two
As you know, the amended Act provides-that if some parts of
a file are exempt from release that "reasonably segregable" portions
shall be provided. I therefore request that, if you determine that
some portions of the requested information are exempt, you provide me
immediately with a copy of the remainder of the file. I, of course,
reserve my right ?to appeal any such deletions.
If you determine that some or all of the requested informa-
tion is exempt from release, I would appreciate your advising me as
to which exemption(s) you believe covers the information which you
are not releasing.
I am prepared to pay costs specified in your
,locating the requested files and reproducing them.
As you know, the amended Act permit& you to reduce or waive
the fees if that is in the public interests because furnishing the
information can be considered as primarily benefiting the public."
I believe that this request plainly fits that categorysand ask you
to waive any tees.
If you have any questions regarding this request please
telephone me at the aboVe number.
As provided for in the amended Act, I will expect to receive
a reply within 10 working days.
Sincerely yours,
79t--fr'a~
Nor ton H. Halperin
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