Congress never created the National Security Agency (NSA)

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Congress never created the National Security Agency (NSA)

NATIONAL SECURITY AGENCY ACT OF 1959
PL 86-36
Pub. L. 86-36, May 29, 1959, 73 Stat. 63Sec. 9. (a) Notwithstanding section 322 of the Act of June 30, 1932 (40 U.S.C. 278a), section 5536 of title 5, United States Code, and section 2675 of title 10, United States Code, the Director of
the National Security Agency, on behalf of the Secretary of Defense, may lease real property outside the United States, for periods not exceeding ten years, for the use of the National Security Agency for special crypto logic activities and for housing for personnel assigned to such activities.

Sec. 11. The Administrator of General Services, upon the application of the Director of the National Security Agency, may provide for the protection in accordance with section 3 of the Act
of June 1, 1948 (40 U.S.C. 318b), of certain facilities (as designated by the Director of such Agency) which are under the administration and control of, or are used by, the National Security Agency in the same manner as if such facilities were property of the United States over which the United States has acquired exclusive or concurrent criminal jurisdiction. (Added Pub. L. 96-450, title IV, Sec. 402(a)(1), Oct. 14, 1980, 94 Stat. 1978.)

INTELLIGENCE ACTIVITIES -- THE NATIONAL SECURITY AGENCY AND FOURTH AMENDMENT RIGHTS
_________________
THURSDAY, NOVEMBER 6, 1975
U.S. SENATE
SELECT COMMITTEE TO STUDY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES,
Washington, D.C.
The CHAIRMAN. The power of the committee in this case is merely that of recommending. The actual action upon any recommendations would have to go to the appropriate legislative committees of the Senate. But in any case, I should think that our collaboration may be fruitful, and I welcome it.
The other aspect of this case -- there are many aspects of the case that are troubling me. Because other Senators are here now, I do not want to monopolize the time, but I would like to ask you just a question or two on another term that is constantly coming into use, the term ''foreign intelligence." Here we have an agency, the NSA, which has no statutory base, by creation of an Executive order. Its scope of authority rests on certain executive directives that give it a general mission of obtaining foreign intelligence.
Now, as I suggested earlier, foreign intelligence has never been defined by statute, and I suppose that we could all agree that certain kinds of information would clearly be foreign intelligence. But we look at the NSA and we find that they are collecting all kinds of data on economic intelligence; that now falls in what we now call foreign intelligence having to do with transfer of funds, business investments, the movement of capital…
Listed below is the authority for the NSA, 33 USC Sec. 403, was repealed, the Senators got it right.
33 USC Sec. 403
SOURCE (Mar. 3, 1899, ch. 425, Sec. 10, 30 Stat. 1151; July 26, 1947, ch. 343, title II, Sec. 205(a), 61 Stat. 501.)
CODIFICATION Section is from act Mar. 3, 1899, popularly known as the 'Rivers and Harbors Appropriation Act of 1899'.
CHANGE OF NAME Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted 'Title 10, Armed Forces' which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.
The Acts of March 3, 1899, ch. 643 (1st proviso under "Ordnance Department"), 30 Stat. 1073; and May 26, 1900, ch. 586 (1st proviso under "Ordnance Department"), 31 Stat. 216, as amended, relating to
disposal of ordnance to "Homes for Disabled Volunteer Soldiers" by the Chief of Ordnance, became inoperative when the Homes were dissolved. Although section 402(e) of the Army Organization Act of
1950, ch. 383, 64 Stat. 273, amended the Act of May 26, 1900, it did not have the effect of reviving that act.
Initially the War Department was formed to provide housing for veterans (corp. of engineers) of the Civil War, the provisions were administered under the 'Rivers and Harbors Appropriation Act of 1899'. The Act was repealed.

[acptulsa]

Of course not. How could they? For the first dozen years or so of its existence, there was No Such Agency.

[FrankRep]

Wikipedia: National Security Agency > History (http://en.wikipedia.org/wiki/Armed_Forces_Security_Agency#History)



The National Security Agency's predecessor was the Armed Forces Security Agency (AFSA), created on May 20, 1949.[11] This organization was originally established within the U.S. Department of Defense under the command of the Joint Chiefs of Staff. The AFSA was to direct the communications and electronic intelligence activities of the U.S. military intelligence units: the Army Security Agency, the Naval Security Group, and the Air Force Security Service. However, that agency had little power and lacked a centralized coordination mechanism. The creation of NSA resulted from a December 10, 1951, memo sent by CIA Director Walter Bedell Smith to James S. Lay, Executive Secretary of the National Security Council.[12] The memo observed that "control over, and coordination of, the collection and processing of Communications Intelligence had proved ineffective" and recommended a survey of communications intelligence activities. The proposal was approved on December 13, 1951, and the study authorized on December 28, 1951. The report was completed by June 13, 1952. Generally known as the "Brownell Committee Report," after committee chairman Herbert Brownell, it surveyed the history of U.S. communications intelligence activities and suggested the need for a much greater degree of coordination and direction at the national level. As the change in the security agency's name indicated, the role of NSA was extended beyond the armed forces.

The creation of NSA was authorized in a letter written by President Harry S. Truman in June 1952. The agency was formally established through a revision of National Security Council Intelligence Directive (NSCID) 9 on October 24, 1952, and officially came into existence on November 4, 1952. President Truman's letter was itself classified and remained unknown to the public for more than a generation. A brief but vague reference to the NSA first appeared in the United States Government Organization Manual from 1957, which described it as "a separately organized agency within the Department of Defense under the direction, authority, and control of the Secretary of Defense [...] for the performance of highly specialized technical functions in support of the intelligence activities of the United States."



The Origins of the National Security Agency 1940-1952 (U) (http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB278/02.PDF)
Burns, Thomas L.

[Aratus]

NSA is from AFSA and
its in part from OSS?