MEMO FOR MR. PFORZHEIMER FROM BERNIE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00610R000100050002-0
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 7
• Document Creation Date: December 14, 2016
• Document Release Date: October 9, 2002
• Sequence Number: 2
• Publication Date: August 30, 1972
• Content Type: MF

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ST~
ST A
MEMORANDUM FOR:
Matter,.
You-may also be interested in the
memo of 28 Jan 47 to Cliffor4 with two
attachments, one for Clifford, dated 28 Jan,
and one for Charles Murphy, dated the 27th.
I assume these were all written by
although he is shown as havin signed only
the last one in these lgtranscripts.
30 Aug 72
(DATE)
FORM ioi WHICH MAY BEMUS10-101
ED.
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Security Ac u of 1947)
28 January 1947
Honorable Clark 14. Clifford
Special Counsel. to the President
The white House
Washington, D.C.
My dear Mr. Clifford:
I am transmitting herewith a memoranthmi containing the
comments of the Central Intelligence Group on the Third Draft
(dated 27 January 1947) of the proposed National Security Act
of 19147.
I-is/IIC- 'o$-
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I:DCT
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28 January 1947
SUBJECT: Comments on the Proposed "rotational Security Act of 1947"
1. The Central Intelligence Group is in receipt of the
Third Draft of the proposed National Security Act of 1947, dated
27 January 1947. The Central Intelligence Group has addressed comments
to an earlier draft of this legislation, insofar as it affected this
agency. These comments have served the dual purpose of:
(a) Setting forth a working basis for a Central Intelligence
Agency under the Merger; and,
(b) Eliminating from the proposed National. Security Act
any and all controversial material, insofar as it referred to
central intelligence, which might in any way hamper the successful
passage of the Act.
2. It seems proper to mention, however, that, in he course
of securing the objectives outlined in the previous paragraph, the
drafters of the proposed National Security Act have reached the conclu-
sion that the Act should not include the f ll text of the proposed
Central Intelligence Group Enabling Act, which was transmitted by this
agency to you under date of 2 December 19L6. It was felt that this tort
presented certain controversial issues which should not be included in
the Merger Bill. It was the conclusion of the drafters that the pro-
posed National Security Act should include a section creating a Central
Intelligence Agency substantially as set forth in Section 302 of the
Third Draft, and that the Agency should then secure its additional
necessary powers and authority by means of separate legislation. In
this position we have concurred.
3. However, the drafters have found it necessary zo elu?n-
inate from the proposed draft certain provisions which the Central
Intelligence Group considers vitally necessary.
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4. It was urged upon the drafters that there be incluch3d
a paragraph substantially as follows:
"The Director of Central Intelligence shall serve as tho
Advisor to the Council on all matters pertaining to national
intelligence, and in this capacity, will attend meetings of tho
Council at its discretion but shall take no part in the decisi ort:
thereof."
It was felt that this paragraph was necessary in that Section 302 (c:) (2)
specifically transferred the functions of the Director of Central. Intel-
ligence to the new agency, and these functions included (as set; forth in
the Presidential Directive of 22 January 1946) the following:
"The Director of Central Intelligence shall be designated
by me, shall be responsible to the National Intelligence ,luthorit~r,
and shall sit as a non-voting member thereof."
It would appear that the Director's function as a non-voting member of
the National Intelligence Authority should be transferred to the Direct-or
of the Central Intelligence Agency in connection with his rela ",ionshhipp.a
to the National Security Council. This position was concurred in by lte
Administrative Assistant to the President, charged with the drafting; o"
this legislation, but was eliminated at the insistence of the other
memoerp of the DraftingCommittee as too controversial,
5. As now written, it is feared that the necessary freedon of
operation for a Central Intelligence Authority might well be hrndicrico d
by the. present wording of Section 302 (a). It is therefore urged that
this paragraph be changed to read substantially as follows:
"There is hereby established a Central Intelligence Agency
with a Director of Central Intelligence, who shall be the head
thereof, to be appointed from civilian or military life by the
President, by and with the advice and consent of the Senate. The
Director shall receive compensation at the rate of :~~15,000 a year.
The Central Intelligence Agency shall coordinate the nation's
foreign intelligence activities and shall operate centrally those
foreign intelligence functions which can be most efficiently per-
formed centrally;"
In view of the fact that Section 302 (c) (1) specifically trans rers the
functions of the National Intelligence Authority to the National Seri ty
Council, and as these functions and relationships have been eff.Lcientl
developed over a period of time, it would appear that the propo:;ed
language quoted above would be preferable to that presently con' ained
in the Third Draft.
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7. The Centrel Intelligence Group further urged upon the
Drafting Committee that provisions be made in this legislation for the
specific position of a Deputy Director to be appointed from civilian
or militaay life by the President, by and with the advice and consent
of the Senate. The Deputy Director should receive compensation at the
rate of .$:,$.12,000 per annum. It was felt desirable to include this in
the legislation in order to provide continuity of action in the absence
of the Director or should there be a vacancy in that office. The Deputy
Director should be a man of such caliber and stature as adequately to
serve as an operation deputy to the Director. This position wa:: corn-
curred in by the Administrative Assistant to the President but -,:as
overruled by the other members of the Drafting Committee.
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SECRET
 Transcribed l .. n st 1952 8ECRET r? "' GL'R BILL (National. ,ecurit
by mawh for a ~n.. A t of 19!7) Y
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27 January 1947.
The Honorable Charles S. Murphy
Administrative Assistant to the President
Room 291 State Department Building.
My dear Mr. Murphy:
. In the absence of General Vandenberg, I wish to offer the
following comments on the proposed draft of Section 302 of the Natior"il
Defense Act of 1947, insofar as it affects the Central Intelligence
Group.
1. Paragraph 302 (a) should provide for a Deputy Director of
Central Intelligence to be appointed from civilian or military life
by the President by and with the advice and consent of the Senate.
The Deputy Director should receive compensation at the rate of
?14,000.00 per annum. It is felt desirable to include this in the
legislation in order to provide continuity of action in the absence of
the Director or should there be a vacancy in that office. The Deputy
Director should be a man of such caliber and stature as adequately
to serve as an operating deputy to the Director.
2. It is felt that the phrase "subject to existing law" should
be eliminated from paragraph 302 (b) of the proposed draft as it
appears to add nothing to the meaning of the section. This is p .rti-
cularly true as many of the functions and authorities of this Agency
are excepted from existing law. In this connection we have the _.on-
currence of the Personal. Representative of the President on the
National Intelligence Authority. It is therefore felt preferable that
section 302 (b) read as follows:
"Under the direction of the National Security Council,
the Central Intelligence Agency shall perform foreign
intelligence functions relating to the national., securi?Lym.
3. It is again urged that a paragraph substantially as follows
should be included in the proposed bill:
I"
The Director of Central Intelligence shall serve as the
Advisor to the Council on all matters pertaining to
national intelligence and in this capacity he may attend
meetings of the Council at its discretion but shall take
.n part in the decisions thereof."
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In this connection attention is called to paragraph 2 of the Prosid(a)3t-%.,l
letter of January 22, 1946 which states as follows:
"The Director of Central Intelligence shall be designrted
by me, shall be responsible to the National Intelligence
Authority, and shall sit as a non-voting member thereon'.,:
In line with paragraph 302 (c) (2) which specifically transfers the
functions of the Director of Central Intelligence it would appear that,
his functions.as a non-voting member of the National Intelligence Authority
should be transferred to the Director of the Central Intellligencc: Agenc,T
in connection with his relationships to the National Security Couunci:.l.
E. K. WRIGHT
Colonel, GSC
Deputy Director.
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