NAT. SEC. ACT OF 1947

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP01-01773R000300010005-6
• Release Decision: RIPPUB
• Original Classification: S
• Document Page Count: 100
• Document Creation Date: December 20, 2016
• Document Release Date: January 17, 2007
• Sequence Number: 5
• Publication Date: January 1, 1947
• Content Type: MISC

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 Approved For Release 2007/01/17: CIA-R P01-01773R00 aM$teL E-6 STAT
duties of CIG
HST's Jan. 1946 directive made CIG resp. for coordination,
planning, evaluation, and dissemination of intell.
Also gave it resp. for overt collection.
pp. 8-9
CIG became an intell. producer after Vandenberg established
the Office of Research and Evaluation (ORE) in Aug. 1946.
For 1st time it had its own research and analysis capability.
This same directive also granted CIG a clandestine collection
capability. p. 14
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Jan 22, 1946
Presidential Directive of 22 Jan 1946 established a
National Intell Authority, a CIG, and the position of
Direcotr of Central Intell.
needr even in time
system of peace,
fully intell.
fully coordinated and
irective did not specifically mention the collection of
C intell [like the 1947 act.]
Director of Cen Intell made responsible to the NIA.
the Directive a compromise of diverse views which had
been expressed by interested persons and agencies for
preceding 2 yrs.
CIG not given all the attributes of indep--like an indep
budget or authrotity to hire personnel
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Cong and CIG
1-01773R000300010005
CIG a creature of the executive depts. They controlled its
budget and personnel.
And since CIG not an indep agency, it was not directly
granted appropriations from Cong.
pp. 9-10
[This may be imp. Within ghe departmental budgets, was
specific$ and open mention made of the monies going to CIG?
DidCong. in debating f.y. 1947 budget have figures for CIG
bidget?]
STAT
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Souers' final report
UNCLASSIFIED
prior to leaving as DCI, Souers submitted a report
just Recommended that NIA and CIG
of his time in office. budget ASAP,
obtain enabling legislation and an indep
noting these were essential to the cconductoof centralized
operations and the develnintell porgram.
and direction of an adequate p. 359
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t a , - i 3 `/ ,Cfu- ? 17~ 19 %
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1946 ggeHouse report
House Comm on -M it Aff conducted their investigations
in shadow of Pearl H.
intell the "nation's first line of
coatxdgdg concluded that
defense.
10 C
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1946 cong. calls for an into
UNCLASSIFIED
Policy
upon the completion
1946, the House Comm on Milo tfissued upon into US P
in In a rep just as vital in
making during 2?
y er fortunate
of its labors, it noted that intelligence extr peacetime as in wartime. current lpositionrofnPOW
lack no longer
a ln
that t had achieved
effective worldwide ell. but our such ive i
Calls for creation of an effective tell. service,
sod leaders
tolerable.
observing that "it is hard to imagine of our national
taking a single imp step in the de of the aims, national
policy w/out knowledge and understanding and actions of others attP %outn
ties, intentions, poli-ies,
other words, it is hard to imagine them taking
pp. 18-19
intelligence."
[I can see quote on pp. 1-2 of House Report 2734, 79th Cong,
2d sess, 946]
NIA
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"nothing more than an interdepartmental committee sub-
sisting on handouts of money, people, and facilities"
from State, War and Navy. A)4- ?Ay, a Ot,Q
"7
Donovan scornfully characterized the NIA as little more
than "a good debating society"
C soon after taking office, Souers began pushing for legis-
lative action granting CIG legal and fianncial indep.
CIG sent drafts of enabling legislation to White House,
but initially met w/ cool reception
p. 33
p`ste`w"4 "?.-.P1L_(_
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OLC History
House comm. report recommended specific dutires
for CIG. These paralleled closely those which actually
were written in the 1947 legislation including the
phrases "services of common concern" and "such other
similar funcs and duties"
But one im p. exception--House report explicitly
said: "It is specifically understood that the Director
of Central INtell s not undertake operations
for the collection of intell." T at is, the CIG to
be stricly an organization for coordination, correla-
tion, evaluation, and dissemination of intell.
p. 34
I think this report is entitled "A Report on the System Cur-
rently Emplyed in the Collection, Evaluation and Dissemina-
tion of Intell Affecting the War Potential of the United S."
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Arthur Darling Interview w/ Lawrence Houston, 1952
SECRET
w,.a_
in mid 19_46, Houston advised VAndenberg that CIG had no
power to expend govt funds, and that thanks to the Indep-
endent Offices Appropriation Act of 1945, the CIG would be
w/out unvouchered funds from the Depts after Jan. 22,
1947. It would even be questionable whether the Depts
could furnish persons and supplies w/ their vouchered
funds.
Vandenberg's response was to ask Houston to prepare an
enabling act for Cong. w/in 24 hrs. This was the bill
which formed the nucleus for subsequent legislation. Elp A.,#
11 z/,,, srvj -,&4- /0~,_ 0,~ ~12
Independent Offices Appropriation Act of 1945--no part of
any appropriation madeavailable by cong. legislation could
be expended by an agency which had been in existence for
more than a yrf, unless Cong had specifically authorized
the expenditure of funds by that agency.
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 1946 Approved For Release 2007/01/17: CIA-RDPO1-W~b ,RO(} }gg1a900an6d CIA
UNCLASSIFIED
Vandenberg at his 1st official meeting w/ the NIA on
July 17 asserted that he had to have legislation establishing
CIG as an indep to solve 3 problems: money, the authority
to spend it, and the authority to hire and fire.
Secs. Byrnes and Patterson were cool. Patterson said NIA
had been designed to conceal for security reasons the
amt of money being spent on intell. Byrnes added that
they could not afford to make such disclosures in the
US.
Leahy professed more sympathy to Van's probs but reported
that HST did not want CIG to try to obtain its own appro-
priations in the present Cong--HST thought they might
ready a draft for submission to the next Cong.
p. 362
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 14 & e ~se 2007/01/17: CIA-RDPO1-01773R000
.SECRET
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dpi -IAI tj-~ A- "Iu~ A 6*z 4~-
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Lis
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asdministration supporters faced the additional handicap of
having to deal w/ the Hill's first Repub-controlled Congress
since 1932.
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Arthur Darling interview w/ Walter Pforzheimer, 1952
SECRET
the bill Houston has written for Vandenberg was the measure
which, after some revision, went to Cong. in the winter of
1947.
the bill incorporated the major features of the Pres's directive.
On Jan 22 [1947?] the draft of a merger bill came from the
White House. On the 23rd the ft for CIA D c before 1
{ha draf i
n committee of"~"&eri orstad; `~dm ~OSheran, and p~'"'~j
Charles S. Murp but it was knocked out "because the c ^'O
Marine Corps was at the same time pressing for detailed
enactments. Therefore it was a good pol. maneuver to
leave out the details of the measure for the Central Intell
Agency and rely on subsequent amendmdnat or supplementary
legislation."
Houston and Pforzheimer in this 1952 interview agreed that
the draft set aside in early 1947 not quite as favorable
as the one which later became the 1949 law.
it was OK to leave out detailed enabling measure cuz the
CIG was really going on under a new name. Arrangements
were well understood w/ the Comptroller Gen. and the
Secretaries.
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SECRET fj_6`" " , 4-'AA 1
bill indtrduced as S. 2044 on 9 April 1946 by
Sens. Thomas, Hill, and Aust*n which would have
provided by NSC and a CIA for the purpose of coor-
dinating mil and civilian programs, policies,
and plans in ghe for. intell. field.
reported out of Sen Comm on Mil Aff but died in
Comm on Naval Affairs.
p. 35
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 Jan 1947 4wmdoW Release 2007/01/17: CIA-RDP01-01773R00030001
was written by a historian later, for the same hand notes
it was cited in Darling. Darling's history HS-1 also uses /,~,,.
this incorrect date]
as late as 21 Jan, so this date is incorrect; probably it 5 JljV7
[handwritten in is 23 Jan "1947--but the memo deals w/ events
NPj 805,
item 2
Pforzheimer Memorandum for the Record, n.d., Subject: Pro-
posed Legislation for C.I.G.
late in the afternoon of 22 Jan, a copy of the proposed
legislation delivered to DCI for comment. The intell. sections
had been lifted virtually verbatim from S-2044, the Merger
~~ab ( Bill introduced into the 79th Cong by Sen. Thomas.
t~k
Vandenberg and his senior aides briefly consider trying to
get all but the barest mention of the CIG removed from the
bill, and later to submit a separate intell. bill., but this
idea was vetoed in favor of a full bill.
CONFIDENTIAL
:, J UA,.~ A ~..~ Oct
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 pres. bill Ap,paveYcfe Release 2007/01/17: CIA-RDP01-01773R00O b?' 9005*s-1
SECRET va
1-~- /yy7
White House =-- billAon Feb 26, 1947.'
R1- it kat stated that there should be under the new NSC a CIA
with a Director of Central Intell at its head, the Director
to be appointed by the Pres. The Director to receive $14,000
a yr; if a mil. officer, his prerequisites, privileges, and
benefits would noot be adversely affected.
Funcs. of NIA transferred to NSC and NIA would be abolished.
The funcs. of the DCI and the funcs, personnel, property,
and records of the CIG would be transferred respectively
to the DCI and to the CIA. CIG would then cease to exist.,
while its nexpended funds would pass to the CIA.
unlike either Houston's draft or the eventual legislation,
the White House bill separated the funcs. of the CIA from
those of the DCI, as the Pres's Jan 22,'1946 Directive had
previously done. This had bearing upon subsequent contro-
versies re powers of DCI and upon the Q of whether CIA was
an interdeptal activity or an indep instrument of govt.
p. 18
6- C.h 7 & i:t. 26 01-P i) ,N OLC 1 ~ ~0 36-31
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 Pres's FebAWo)Ad1Flor Release 2007/01/17: CIA-RDPO1 aPR }Q~0 CIA
Pres's bill had 27 sections, only one of which pertained to
CIA.
p. 379
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subordinated proposed CIA to a new organization, the NSC,
which the Eberstadt report had suggested as the top policy
making body for nat. security.
protected the mil status, pay, and benefits of any mil
officer who might serve as DCI, since the mil. assumed
that it would continue to monopolize the top position.
p. 34
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CIG--suspended bet State, War, and Navy depts.
Gen. Marshall sent memo to HST in Feb 1947 warning that
powers of proposed CIA too sweeping and thus required more
definition.
the provision to which CIA would later trace its authority
for covert operations adopted w/ little change from HST's
Jan. 22, 1946 directive
in his letters accompanying the proposed Nat Sec Act, in
Feb 1947, HST does not even mention CIA. And in Cong,
cosideration was of CIA was quick and pro forma.
p. 6
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HST's Feb. 26 letter of transmittal very brief--does not
mention CIA or NSC
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the need for central intell OLC History
SECRET
many voiced recollections abt Pearl Harbor and the
jt. cong. comm investigating the episode. It was
accepted dogma that a more effective process of
coalating and disseminating intell info might have
prevented the subsequent disaster.
and had there been any substantial opposition to
principle of centralized intell, existence of NIA
would have nonetheless established the paramenters
of debate.
Senate Comm report concluded that in order"[t]o
meet the future w/ confidence," Cong should estab.
a CIA to collect and analyze "that mass of info
w/out which the Govt cannot either maintain peace
or wage war successfully." p. 46
ven critics of the bill did not oppose the concept.
usbey (R, Ill): "I am not opposed to a central intell
agency. . . . You remember Pearl Harbor. They had
intell, but it was not correlated and evaluated cor-
rectly." (Cong Rec, 19 July 1947, p. 9569--chk] p. 48
P /Ij 5 P+
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V /_ -2za,+? ~~rA Cong Rec, 19 July, 1947,
p. 9576
[chk before using]
Repre. Harness (R, Ind):
"When such an organization was first proposed I confess
I had some fear and doubt abt it. Along w/ other
members of the Comm, I inssisted that the scope and
authority of this Agency be carefully defined and
limited. Please bear in mind that this is a bold
departure from American tradition. This country has
never before officially resorted to the collection
of secret and strategic info in time of peace as an
announced and fixed policy. Now, however, I am con-
vinced that such an Agency as we are now considering
is essential to our nat. security."
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On purely theoretical grounds, it wzgg~ be preferable
for the CIA to preort to one indiv rather than to a group.
However, as a matter of practical operations, it was thought
best to place CIA under the NSC, since all members would
be imp users of the intell. CIA produced. That way, none
wuld have the feeling that the CIA was skirting behing their
backs, and might therefore be more inclined to cooperate
w/ the Agency.
State would be unhappy if CIA were placed under Sec of
Def, for this might be construed as placing the CIA w/in
the mil estab.
Since it must serve all, it must be free of the natural bias
of an operating Dept.
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proper place of CIA w/in Execu branch OLC History
3 major questions:
1. could cintral intell operate effectively be re-
porting to a group?
2. would satisfactory relationships be maintained
bet CIA and the service intell. agencies?
3. what relationship should exist bet DCI andNSC?
1. see notes re HS-1. Judd (Walter, R, Minn) referred
to CIA reporting to NSC asa "hydra-headed agency" p. 53
Recog that State would have a continuing and vital
interest in work of CIA ultimately dictated vs. having
CIA report to new Sec of Def.
3. a bit of discussion whether DCI should be a member
of NSC. Decided not to. Not a major concern of the
Cong.
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W h s -4- . - c
sews _ Jam. s e?~ d- J . s ~Q
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311 - I
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 mil vs. c4I irl)y FgriF Wr2007/01/17: CIA-RDP01-01773R000300010( ,iC 805
item 7
on the CBS program "Open Hearing," Sen. Robertson (Edward
V., R, Wyo) argued that DCi should be a civilian. Notes
the CIA "has all the potentialities of an American Gestapo;
and such an organization, controlled by a mil. man, would
be in possession of untold power which we could not properly
place in the hands of our mil."
the controversy related to sentiment for retaining traditional
civilian control over armed forces and vs building up
a strong General Staff
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I-4 /""- i A ,4 / c- Gam,
a. r~.-.~ .~.
'4- 71
~ Dot
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Sen Tydings: bill's provisions dealing w/ CIA deal
"more or less w/ consolidation and not w/ the duties
that devolve upon that office. It seems to me there
is a void in the bill that ought to be eliminated."
[Senate hearings, p. 176]
some doubted the propriety of having to go to an
Executive Order to interpretxtk a cong. action. - ~,..4.,.
Repre. Busbey directly asked Forrestal "if there is
any foundation for the rumors that have come to me
to the effect that throughok this Central Intell 6A,
they are contemplating operational activities?"
Forrestall demurs, saying Vandenberg should be asked
that Q.
pp. 69-70
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 st K~~f~r e rs i /7f: ~ ~i~ O ~~Ot3f! O~ ttee
on Expenditures in the Executive Depts--House of Repre-
sentatives--June 27, 1947--in HS valut
SECRET
Repre. Brown: "Now, the real Q comes down to wheteher
or not we should write into this Act the limitations
and restrictions or define the functions and the acti-
vities in which they should engage, rather than depend
upon a rather nebulous thing called an Executive Order,
which is here today, abut may be gone in three minutes,
if the Pres decides to sign some other paper."
p. 58
Allen Dulles urges Cong to delineate the funcs of CIA,
though not in too gr detail. "I would not try to be
too specific. It is a delicate field, and you cannot
be too specific, but I should think the broad, general
funcs should be defined."
p. 59
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re fear that Pres could change 22 Jan directive at any time:
once bill specifically provide for funcs as set forth in
Pres's directive, they are forzen into law, w/ no possi-
bility of presisiential change.
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_7,/ U L-
L.G
38S
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is ory
26 June 1947--Secs of State, War, and Navy send letter
to Clare Hoffman advocating allowing CIG or its suc-
cessor to engage in clandestine collection.
In keeping w/ practice of not publicizing espionage
as an activity of USG, almost all discussion relating
to clandestine collection deleted from printed comm.
hearings. But Hoffman Comm met in executive session
to consider the matter. (probably June 27). Vandenberg,
tho no longer DCI, again testified.
pp. 75-77
during this hearing, Rear Adm Thomas Inglis advanced
3 reasons wky for centralizing certain funs: economy,
effectiveness, and plausible denial.
pp. 80-81
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Pforzheimer Memorandum for the Record, 12 June 1947
SECRET
Brown skeptical of a mil man heading the CIA cuz he thought
a uniform sometimes gave a man a little more feeling of power
and authority, which could be misused. Added that he deisred
"to write a lot of safeguards into this section [of the
bill]. I want to make certain that the activities and funcs
of the Central Intell Agency are carefully confined to
international matters and to mil. matters and nat. secu.
We have enough people now running around the country looking
into other people's business."
this exchange occureed at the House hearings on 12 June.
Brown voiced suspicion that CIA, having gotten sweeping grant
of authroity w/ this legislation, might just "forget" to
introduce enabling legislation.
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 vim. UeDt- Al
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Senate made only minor changes in CIA sections in HST's
Feb 26 draft. Added advice and consent of Senate and
explicitly stated that DCI could be a civilian or a mil
man.
p. 84
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e of Nk o su s ance to bill Troy, HST on CIA
Sen. Tydings: "that is an awfully short bit of explana-
tion, under the caption 'Central Intelligence Agency."'
[Senate hearings, p. 176]
some seared creation of a gestapo agency
some worried that CIA would intrude into FBI operations and
domain
some were anti-New Dealers who distrusted presidential
directives and executive orders
Owng made one other imp. change in the bill, by making
the Pre the chairman of the NSC. This mean that the DCI
for 1st time reported directly to the Pres.
p. 35
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eimer interview,
Nov. 17, 1982 (not on transcript)
The Senate hearings were conducted only in executive session--
there were not open hearings on the CIA in the Senate.
I should make every effort to get testimony. [Correction: I already ahave yseen Vit, inethesHoffman
executive session hearings.]
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Marc h 26, 1947 Pforzheimer Journal
(Possible lead sencence: subsequent passage thru Cong demonstrated
the value of friendly Gong. relations.)
Vandenbefg and Pforzheimer meet w/ Chairman Gurney re Vanden-tes Qs berg's
the eloestimonY Gurney "agreed to shut off any embarrassing
Gurney warned that at least 2 of the corrm. members were leaks to
Drew Pearson and assured Vandenberg of all
oonn~ction. (a handwritten possible support in this
one of these leakers) parenthesis notes that Styles Bridges is
later in thedaY, Van and Pfor spoke w/ Bridges, who had made some
adverse oamments in the previous day's hearings. /n s 7 4d v6,,,
G v~~- s tiff / t ~~ ..
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Pforzhiemer Journal
May 10, 1947
another ex. of cong. stroking: Pforzheimer and Hillenkoetter meet
for 2 hrs w/ Cong. Busbey (R, Ill) of the House Expenditures Corm,
who had earlier expressed reservations re the CIG provisions.
C ems- ,~
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/3 c& !9V7
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 G/G-
V
pprovef#` oe ase 2007/01/17: CIA-RDPO1-01
Z3R000300010005-6
-C v~ri'
~J
,Zt
orzheunPx Journal passim
CIG drafted memorandum for Sen ArmSer Caren sting forth CIG objections
to S. 1282, Sen. Robertson's nat. def. bill.
DCI Personally invovled himself w/ responses to letters from congressmen.
submitted nerq? to House penditures CcmB on H.R. 3469, introduced
Repr. W. Sterling Cole, voicing objections to intell roc~
in Cole bill. provisions
furnished Sen. Bridges w/ draft of enabling legislation (canternplated)
someone frpm legis liaison branch attended hear-
Ing
any references to intell. every clay to note
provisions.
nor did ultimate success in Co ~
Pforzheimar called on 3 r end their task. Hillendoettex and
thank them for their help .also wrote ltters to others along same
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OLC history
[chk in Cong Rec, p. 9606, 19 July 1947]
Carter Manasco, memb er of House Comm on Expenditrues
told his House colleagues that the sections on the
CIA were given more study "by our Subcomm and the
Full Comm than any other section of the bill."
p. 32
[this certainly flies in the face of my understanding
that the CIA parts elicited relatively secondary
interest]
t4- A_ Axe,-
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HS/HC 800
Arthur Darling interview w/ Walter Pforzheimer, 1952
SECRET
G
Repre.,Brown of Ohio/hostile. He was determined to insure
that the act carried specific statements regarding the
duties and responsibilities of the CIA, whether or not the
detailed enabling measure was included.
The result was that the Act did not continue the CIG as
71 the Agency "by reference." Instead, Sec. 102 d,e,f, have
specific clauses.
U3 &jc, &U, *W 7 ROVd C-09
G61OLL"
404w,, 41*- G( J j M. 4 k4-
4& C- f 4 r G e.
AJ r It o i 'Arc & 2.
a
(
.
/~f c.
.
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 Repor"Aa7 d F Pblease 2007/01/17: CIA-RDPO1-01773R000300010005-6
I believe this report, in listing the funcs of DCI, used
the phrases "services of common concern" and "such other
similar func and duties"
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 authorityAl@frodgiffgrcRel@ J{x,07(*l4i--6LtrigDP01-01ffg 'IIRN 91QC}r612
Houston Memorandum for the Director, 25 Sept. 1941, Subject:
CIA Authority to Perform Propaganda and Commando Type,
Functions
-SECRET
admkts that a literal readinq of ;Sec -102 ,(d
[;services of common ggnoern and Such ct er funcs and d ties]
"could bear almost unlimi-te.dinterpretation
but it is his opinion that both black propaganda activities
and S.O. "would be an unwarranted extension of the functions
authorized in Sections.-10-2 (d4) (4) and -(5)- This is based
on our-understanding . of the intent of Congress at the time
these provisions were enacted.."
0 P11-11-
"A review of.debates .indicates that Cong was primarily in-
terested in an - agency ?or coordinating intell and origirkally
did not propose 4ny overseas collection; activities for CIA.
The strong move to provide specifically for- s-ch col.leetion;w
overseas was defeated-, and, -as a- compromise.,. Sections l02
(d) (-4) and (5) were enacted,, which permitted the National
Security Council to determine-the-extent of the collection
.work to be performed by CIA . ~We-do not believe that there
OVER
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0 P11
SECRET
was any thought in the minds of Cong that the Centralr`Iritell
Agency under this authority would take positive action for
subversi-on and ~a o ag-e A i'it' =leer =debate J`a abt -tie .4e-,
tn4e can tie Ste `I7pt%' s'' For'i"gnaws-t' Sive tends tt
confirm our opinion. Fdr her icon ir tatior is- -found in the
brief and off-the-record hearings on appropriations for
CIA 1;.
during the 1947 debate tong gave approval to the unvouchered
funds requeste'dby-"e bCI "rn ily ft f the specific purpose of
conducting clandestine intell ?tpefations" outside the---United
S. We believe that there was no intent to use either the
vouchered ~ of 7unvouche'rred 'funds for-M.O. or S .O. work.
`Either `df these activities 46idld require establisranent "of
a new branch-16f office, 'ern ioyment of cons .der-abld .perrsonrie-l,
the -prOcuremef t of huge quay t'i 'ies of all types- of'?gdods
and materials, avid-large sums for expenses of administrative
support and incidentals.'! We'=bel'ie rsthis would be an ' unau-
r
thorized use of the funds) made available to C A I .:1fo~'e
conclusion; therefore, that neither M.O. nor .a. s ou d
undertaken by CIA w/out previously informing Cong and obtaining its
approval of the funcs and the expenditure of funds for those purposes."
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 original r rov?if Fpirelease 2007/01/17: CIA-RDPO1-01773R00f}% 90@.6
Arthur Darling interview w/ Lawrence Houston, 1953
SECRET
nouscon presenteu an argument to nillenxoetter on Sept
25, 1947, that Cong had given CIA the power of collection ~? .
but not the power to engage in clandestine operations.
Cong would want to specifically grant the latter power.
Of course, clandestine operations would incidentally
produce some intell, but the fact that it required
extraordianry expenditures from unvouchered funds dis-
tinguished it form other collection funcs most decidedly.
Houston believed that Cong would want to have its comms
on approproations informed in general terms regarding
clandestine o
erations
hen ce
it did not in 1947 act
p
;
,
jr
grant sweeping authority to CIA for these purposes. -L
The "compromise" which he spoke of in his memo for Hillen
koetter was in the choice of words to avoid publicity in
the ACt. The phrase "additional services of common con-
cern" in the 1947 act refered to the func. of collection.
a,4 lik4
V,
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 Vandey,'i?p rlI?,eIease 2007/01/17: CIA-BEPMih R0 3flD0I1 }5-Bolder
Vandenberg to Charles S. Murphy, Apr 29, 1947
VAnden prepares a statement for insertion in the record. But he
meets w/ the 2 tins in executive session, and therfore includes
in his testimy a short section indicating the necessity for clan-
destine operati.ns which will not be placed in thr record.
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 original 38$?1bve?fFoVRb lease 2007/01/17: CIA-RDPO1-01 73R000300010 Q -91
UNCLASS.
appears likely that CIA conceived "simply as a central focus
for the coordination of intell. activities and the correla-
tion and evaluation of intell."
Allen Dulles at the time criticized the proposed bill for
setting up "what, in effect, is likely to become a coor-
dinating agency for the mil. intell. services." [try p. 526 of
Senate hearings]
in 1953, HST also publically complained that the original
role of the CIA had been diverted
CIA not even given authority to collect intell. on its
own in 1947 act. This came only from NSC implementation of
the act.
p. 432
STAT
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of Hearings Before the CommitteegonpEXpenditurespt
in the Executive Depts--House of Reps--June 27,
1947 -- in HS vault
acoording to a hostile witness (Peter Vischer, formerlly
of G-2), Vandenberg upon 1st taking office was asked
whether he believed "in a cooridnating and evaulating
agency" or "operation in certral inetll"
VAndebnerg is supposed to have replied: "I do* not be-
lieve in any damn coordinating sewing circle."
p. 110
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 ,sue-- ke -r
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e,c-,Z-t UU, 1~1-~
L IV/
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1-h 6-d~
 "special Cdr Release 2007/01/17: CIA-RDPO1-01773R000300010005-6
Pforzheimer Journal
July 2, 1947
Gen. Wright and 2 members of ncn ,a; ~,.....__=
matters reliting
torten on Expenditures, Operations ~~w/ Cong.: Wadsworth ands e ` co
, of the House
penditures, "in connection w/ previous testimony."
the 2n2 co ssmng "agreed to support CIG request for pexmission.to
cont spec operations."
July 3, 1947
Met w/ Congressman Marasco, who reaffirmed his and Mr. W
position as a result of yesterday's confernece." adsworth s
S Will need to ask Pforzheimer abt this)
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 gestapo ch gWed For Release 2007/01/17: CIA-RDPO1-01773R000300010005-6
June 17, 1947
Pforzheimer Journal
decided to submit to Hoffman a written suggestion that the bill be
enforcement to o lude specific Provision vs CIG having y, law
any poli
from under the ctpos bons rlty powers, "in order to cut the ground
TA .2-2 ly& -
x...1.0, n
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 internal olic
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material
in HS vault
Pforzheimer Memorandum for the Record, 19 June 1947
talked this morning w/ Congressman James Wadsworth re
fears of CIA becoming a gestapo. I told him CIG was
considering a provision to be included in the bill sub-
stantially in the form that it appers in Jan. 22 directive
prohibiting any police or ainternal security or law en-
forcement powers.
Wadsworht also agree that CIA should not be under Civil
Service and that DCI should have the right to fire at will.
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 Gong, ch r~Met oP 2@gageft0--M/17: CIA-RDP01-01777aRrOQ0300010005-6
ing, winter 1969
CONFIDENTIAL
St in Intell
in the draft of the Nat. Sec. Act submitted by HST, the
brief section devoted to CIA provided essentially only
that the Agency, under a DCI, should take ovver from
CIG its funcs, and should be resp. to NSC.
but Cong feared that such carte blanche to the Executive
might some day be abused and therefore added amendments
listing some funcs, prerogatives, and limitations on
the CIA.
p. 35
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 jurisdict db,. e& OQ 17 : CIA-RDP01-01773F J, 801000005-6
Arthur Darling interview w/ Walter Pforzheimer, 1952
SECRET
jurisdictional rivalry ??"~n Cong. bet . SerVices Comm and
that on Expenditures inPExecutive Depts.--becuz the armed
services, particularly the Army, did not want the new CIA
to have the power to collect secret intell.
Repre. Wadsworth more than anyone else provided the
support to get established in the 1947 law the concept of
"common concern."
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 cong. co ri Z@ tFj9SrF sg 7 117 : CIA-RDP01-017738000300010005-6
during consideration of the 1947 act, the Q of whether l ,;,o
relatively minor one at that, of a legislative proposal
to unify the armed forces. BecuM of the controversy
surrounding this issue, consideration of the CIA was
caught up in this other matter.
issue. i esprea suppor rom o par ies ex is e
t
for this. Complicating matters, however, was the fact
that the creation of the CIA was but one part, and a
LV %.L CL LC Cill 111.7 L1 LU L1V11 lijtiV L11C L.1K WQ7 11VL CLL.
d I"
W'd d t f b 4-k t'
With little need to demonstrate the need for a CIA,
congressional debate centered around the following
issues: thank an*fimfxd*Azufmknkhangnxhxakaantnxa
r the place of CIA w/in the govt structure
he specific f_u . to be entrusted to the CIA
ivilian vs. mil. control of CIA --,Oc
IA and internal security - F,91
The most contentious debate revolved around whether
the DCI should be a civilian or a mil. man. Determined
to maintain the tradition of civilian control over the
armed forces, the House voted to bar anyone on active
duty from becoming DCI, but subsequent conf. comm.
deleted this provision.
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 mil vs . Aq~ftbir4iflor Rase 2007/01/17: CIA-RDP01-01773fiQt } 00?)d900~Hem 10
SECRET
Hillendoetter to Sen. Chan Gurney, June 3, 1947
Hillenkoetter says that were he appointed to post of DCI he would
be willing to retire from active service am& with the
understanding that this was to be acareer job. "It would
be manifestly unfair for me to retire now, w/ the idea of
making the position of Dicrector my career, and then, perhaps,
after the next election, be relieved of my post because of
a desire to fill it w/ a pol or personal appointee. If I
were thus relieved, I would be w/out a career in the Central
Intell Agency and foreclosed from returning to the Navy."
OLC History
as Repre Judd put it, the DCI should not "be standing
w/ one foot in the civilian trough and one foot in the mil.
trough." (Cong Rec, July 19)
p. 93
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VAN r C l c r~. / ,~/
in fact, at one pt, (July 2, 1947), Houston drew up a
proposed provision appointing Hillenkoetter for a term
of 14 yrs--see item # 2 in OLC records stored in HS vault.
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 cong. corf ~eratiori Release 2007/01/17: CIA-RDPO1-01773R000300010005-6
HS/HC 800
Arthur Darling interview 0/ Walter Pforzheimer, 1952
SECRET
a slight flap when word concerning .Hille k t
n
t
s
proposals ranging all the way from the right ofethe Pres
to dismiss him at a moment"s notice, to tenure for life.
Reflections, however, soon persuaded people that DCI should
stay in office for an indeterminate period subj always to
removal by the Pres.
o e only a.- minor of f air.
discussion concerning how long the DCI should
Qe
er s I'm-
pending appointment ap,DCI leaked-=Sen. Bridges and Repre.
Busbey at-center of this flap--no further details given.
It turns out t b
Repre. Judd very influencial in supporting the creation of
a strong intell. system.
Repre. Wadsworth, McCormick, and Manasco took the lead
in supporting the Agency.
Wadsworth and Manasco were interested to notice that the
Br seemed to be moving toward centralized intell, while
reps from the Army and others were trying to head the US
system in exactly the opposite direction. The chief
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 Approved For Release 2007/01/17: CIA-RDP01-01773R000300010005-6
controversy seems' to have been over secret collection,
which the supporters of the Agency wished to be,its exclu-
sive func Opponents of,the CIA in some cases demanded -
that it should not engage in collection at all and, be
a mere correlating and evaluating instituting.
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 Approved For Release 2007/01/17: CIA-RDP01-01773R~Q030010005-6
or eamer journal
April 29, 1947
VAndenberg testified before Senate Cow today in executive session.
Apr 30, 1947
Pforz arranges w/ General Counsel of House Comm. for the latter to
brief Hoffman re the need to shop off embarrassing
those
concerning personnel ceilings and budget. Also ran, t .o have
arranged d to have
closed session w/ only one ccmn. staffer present, and no sfo
transcript. Vande will testify on May 1., his last duty before tmLing
the position over to Hillenkoetter.
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 consAOpM6nr Release 2007/01/17: CIA-RDPO1-01773R000300010005-6
Troy, HST on CIA
SECRET
Rep.(Ralph E. Chumspoke for the consensus when he
said intell was "necessary for the proper functioning of
our mil machinery" and "of primary importance for the proper
conduct of our for. relations" [Cong Rec, vol 93, pt. 7,
p. 9421]
Rep. W. J. Bryan Dorn recalled that people had thought
Hitler "a comic character" and that Mussolini was bluffing,
and declared "your Central Intell Agency is a very imp
part of this bill." [Cong Rec, vol 93, pt. 7, p. 94191
Rep. Walter G. Andrews: "it is a gr and dangerous dep-
arture for the Amer people to estab by law a 'spy agency,'
which is what this agency will actually be." [Senate
ArmSer Hearings on Nat. Def Estab, Mar 25, 1947, p. 593]
p. 34
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 Approved For Release 2007/01/17: CIA-RDP01-01773PPD0 OQ0100
MA- S / 9 Y7
C./G -1 as
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 Approved For Release 2007/01/17: CIA-RDP01-01773R000300010005-6
HS/HC 800
Arthur Darling interview w/ Pforzheimer, 1952
SECRET
provision (c) giving DCI power to terminate the employ-
ment of any employee went into the act at request of rforz-
heimer w/ support of Repre. Manasco. Other agencies very
juealous of this clause, and it might not have been in-
cluded had it not been for Manasco.
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 resp. fo,Ap 4*47MLRg1esm 90jjAa:& OP91-01773R000 0pp10005-6
item 18, OLC materials,
HS vault
no classification
Houston memo for DCI, 14 Feb 1958, Subj: Protection of
Intelligence Sources and Methods
re the phrase assigning DCI resp. for
sources and methods: adopted from Presrodirectivenofll.
Jan 22. Put in the Directive at insistence of certain
departmental intell offices who worried that info developed
from their sources would then go to CIG and be outside
their security control. Intent was to insure that their
sources and methods would not be compromised by creation
of CIG
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 Approved For Release 2007/01/17: CIA-RDPO1-01773R000300010005-6
VOT
0!Y e - dK
1
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 Approved For Release 2007/01/17: CIA-RDP01-01773R000300010005-6
Senate ArmSer Comm held hearings on S. 758 for 10 weeks,
went into executive session on 20 May, and reported out
an amended version on 5 June. Floor debate occured on
7 and 9 d . T
Comm Comm on Expenditures in the Exec Depts now the'Comm on
Government Operations
House Comm began hearings on '2 April, condluding them on
1 July. Report issued on 16 July and bill discussed in
House on 19 July.
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' 234
-j-q 19
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 Approved For Release 2007/01/17: CIA-RDP01=6~t'7i73R0O}4W1,00P5-6 to
4/. M 14x-, se,.. . -ems ; 4",
At- e- COL / c,,,..e ~
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 Approved For Release 2007/01/17: CIA-RDPO1-01773RO00300(:8LQ80Wf story
Sen ArmSer Comm held hearings for 10 weeks, went into
executive session on 20 May, and reported out an
amended version of S. 758 on 5 June.
Senate debate on July 7 and 9. and approved by
voice vote on the latter date.
p. 36
House Comm on Expenditures in the Executive Depts
held heraings from 2 Apr until 1 July, issued
favorable report on 16 July. Passed by voice vote
on 19 July.
conf. comm. produced its version on 24 July. Senate
accepts Conf. Report on same day by voice vote and
House follows suit on following day.
p. 37
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 postscrip' Vvfg4F7orl %j& 7/01/17: CIA-RDPO1-01773PWB2I I ( 6mal
August 1, 1950
Pforzheimer asks Cong. Hoffman to return the transcript of the hearings
involving CIG which were made in 1947. Hoffman praniees to do so
if they have not been destroyed.
3 weeks later Hoffman's office calss to say that the copy of the
secret testimony given before the House co mm had been destroyed
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 Approved For Release 2007/01/17: CIA-RDPO1-01773R000300010005-6
Eberstadt and Lovett reports -- crucial for establishing 2
things abt the future CIA: it should be central and it should.
be IMSX XXXXXXXMI all other depts
separate from
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 stated Approg(6F&fRglg4ge 2,Q,t 7/01/17: CIA-RDP01-01773R000300010005-6
"An Act to promote the nat security by providing for a
Sec of Defense; for a National Mil Establishment, for a
Dept of the Army, a Dept of the Navy, and a Dept of the
Air Force; and for the coordination of the activities
of the Nat Mil Estab w/ other depts and agencies of the
Govt concerned w/ the nat security."
sec of 102 (and presumedly all of the legislation) may
be found in 61 S atutes-at-Large 497-499 (get Sue or
Regina to check is in OGC library)
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 civilian v/ pr .Fcwc is 2007/01/17: CIA-RDP01-01773 39a%1p 1p5y-6
SECRET
While confxssserees eliminated House provision re-
quiring DCI to be a civilian, they did make every
effort to divorce the DCI from the armed services
if he had been appted from the mil. (b) (1) (A) and (B)
some concern that mil men would use position of DCI as
stepping stone in their coareers, rather than as career in
itself--a concern not molified by fact that 3 mil. men had
held the position in 16 (?) months
but in view of absence of experienced indivs in for. intell
filed, requiring a civilian would mean mil men would have
to resign--and this created complications unless they were
promised long tenures. See Hillenkoetter letter to Gurney.
presidential draft of 26 Feb did not require senate confirma-
tion of DCI. Cong. added this provision plus provision
reinforceing DCI's indep from the mil.
Dulles told the House Comm that accepting the position of
DCI should be aking to going into a monastery. "He has got
to devote his life to that, and to nothing else."
p. 88
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 provisions p8 ovaedt or Release 2007/01/17: CIA-RDPO1-01773R000300010005-6
the particular wording: "with a Direc tor of Central Intell,
who shall be the head thereof." specifically written
this way in order to stipulate that the DCI was more than
simply head of CIA; rather, he was the Chief Intell advisor
in the govt.
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 provision SA ovtlFo el ease 2007/01/17: CIA-RDPO1-Q R qg@Agq%WOP?& CIA
"The law established a Central Intell A 'under' a SC,
which was headed by the Pres. At the head of the IA the
law placed a Director of Central Intell, who was appointed
by the Pres, and who, whether mil man or civilian, would
serve as a civilian. He was also given unusual authority
to terminate any person's employment by the agency and
was given qualified access to the intell of other depts
and agencies. The agency was given five funcs: to advise
the NSC, to make recommendations on coordination, to pro-
duce nat. intell, to perform services of common concern,
and to perform such other funcs and duties as the NSC
might direct. The agency was denied any police or internal
secuirty funcs, was obligated to protect its sources
and methods, and had to recog the right of other depts
and agencies to collect, produce, and disseminate depart-
mental intell."
also joined the DCI'and the CIA, whereas DCI and old CIG
had been separate.
p. 402
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 Provisions ?+I 'o Fc ' el% 2007/01/17: CIA-RDP01-0A~ Q030(%1C 0~-6
Nat. Sec. ACt of 1947 contained 2 primary sections. Title II
established the Dept of Defense and unified the armed services.
Title I was entitled "Coordination for National Security" and
established the NSC, the Office of Emergency Planning, and
the CIA.
Title I, Sec. 102(a) provided for creation of CIA and the
appointment of a director by the Pres,
w/ the advice and consent of the Senate. j1h
could-be either mil officers or civilians.
the CIA was made resp. to the Pres, thru the NSC.' Its primary
purposes were to coordinate the intell. activities of the US
and to advise the NSC in matters of intell.
pp. 22-23
o. 7/J& N,a7Z S, 7" /?Y7
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C-14 s*"J
WUA ~- AJJC- A4
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effect on CIA HS/HC 800
Arthur Darling interview w/ Hillenkoetter, Oct/Dec 1952
SECRET
legislation was of gr. assistance in Agency recruiting.
As long as CIG operatinf under a presidential directive,
people were hesitant to join for fear that a subsequent
directive could disband it.
but following cong. passage of the act, Agency got much
better of quality and quantity of applicants.
concerning operations of the Agency, the legislation made
very little differecne.
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 provisions-A m Fiwo el 5 V~P1/17 : CIA-RDP01- 1773R000300010005-6 HS-2 STAT
earlier letter of authority
SECRET
Nat. Sec Act did surprisingly little to change the original
presidential letter under which the CIG had functioned
for 18 months. From the Agency's standpt., the transfer
of ultimate authority from NIA to NSC little more than
a change of name. The principle duties of the Agency
remained the same.
Like HST's earlier letter, the act did not give CIA or DCI
special authority over any of the other govt agencies
concerned w/ intell. matters.
Division of resps. beet CIA and other intell. agencies
still left unclear. For inst, did not specify whether
CIA supposed to "correlate and evaluate intelligence
relating to the nat. security" by itself, or only to
do so by coordinating the estimates of the other agencies.
act gave CIA a firm foundation in law, but changed little
else.
pp. 26-27
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 provisioi pared r Ease 2007/01/17: CIA-RDPO1-01773R000300010005-6
signed by HST on July 26, 1947.
Its declared intent was to unify direction of the separate
mil. depts. under civilian control.
Named a new Sec of Def as the principal assistant to the
Pres in all matters relating to the nat. security.
creates a NSC where all policies relating to the nat.
security should be integrated for advice to the Pres.
contained a special provision to assure the FBI that the
CIA would not interfere w/ its operations.
numerous ambiguities- fails to define what it meant by
"nat. security." Did not clearly delineate resp. of
and relationship w/bet CIA and other intell agencies.
unclear as to the DCI's precise powers. Did not estab.
mechanisms to insure that the deptal intell. agencies
would in fact deliver their intell. to the CIA. Unclear
what are "services of common concern." Ditto re "other
funcs and duties related to intell affecting the nat. sec."
Surely this last duties put in to allow flexibility
no INtell Advisory Bd as had characterized the Jan 1946
directive.
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 other prow PZWgd&gr 1EjjLeaa O07/01/17: CIA-RCff2017L79FfPg l }QOAP9O!pp,
DCI had consiserably more freedom of action than under the
NIA, with access to the Pres, no IAB or board of service
intell chiefs to report to.
but CIG had not achieved everything it wanted. DCI not
made a nonvoting member of NSC. CIA not given a DDCI (until
1953).
p. 408
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 budge tar `PBrio6~q EYL@119 pe ?a 7101/17 : CIA-RDf01-01773R0003OpQ4gg05-6 STAT
1947 act made no provision for funding other than to
enable CIA to inherit any unexpended balances left by
CIG
p. 433
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 ApprogtgE84~a"-jPC24Q~gj(8jiW-g,p a41i7 ROKgWPA0
6
wlrz~
Committee oNExpenditures in the Executive Depts--House of
Representatives--June 27, 1947--in HS vault
unbeknowst even to himself, Repre. Brown in the secret
House comm. session explicitly defined one of the probs
which in later yrs was to bedevil the Agency: complaining
of agreements secretly entered into by past administrations,
notes it is "just a Q of how much control Cong wants to keep
much they
1AS a*he pr sin ive of/ the people and how
/
e
ought to know abt it." He then goes on to defend Cong.
ability to safeguard secrets. "It has been my ecperie ce . . .
that on imp matters, as far as patr otis is crn erne
that you can trust the patriotism of members o ~ong i{zst
abt as far, an d perhaps a little further, thanyou can those
in the depts of the Govt." Then he explicitly mentions OVER
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SECRET
cong. secrecy during the war abt the atomic bomb. "There
are all kinds of confidential matters up here. I cannot
understand, for the life of me, why we cannot write the
funcs in and why, if it is necessary to change the funcs,
we cannot pass upon it as the iprepresentatives of the people
and decide whether those funcs should be changed or not.
Your ideas, or the ideas of the Sec Council, might be en-
tirely dif from the ideas of the men and women who are
elected to represnet the-people."
Pp. 32-33
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 prob of sec p
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Record, vol. 93, p. 9443 or
9606--chk it out
Repre.
Repre. Manasco: talkie
Sec Actof 1947 g in floor debate of
he sa s CIA provisions'
given during Y , referring to testimony
go encrc committee executive sessions:
bacacre secrecy, and I hesitate to even discuss this were sworn
some use I am afra a i deI might say something section that we say something and divulge
would give aid and comfort to received in that
that have.
c one
my
For that reason I any
y
uctantitol e ene mention
the testimony." am even reluctant
to
[may not want to use this in debate on this
but as an illustration of a continuin
several decades] ng over
g prob estending o-
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 conclusion
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roy, Donovan and CIA
UNCLASSIFIED
"Insofar as its intell
Pioneer "Insofar
provisions are concerned
its constitutional Never before had the count, it ry, was
nition to the importancedOf es, accorded such formal recog through
war. Never before had the country both in
agency established peace
Nevery bof govt, to give substance
indep.
ore had the county to the reco
author ief ehe dondc on fyreificiall albeit t taci taci
and co edrthe con ce tly,
s as ge and gnu peacetime espionage " be
adiviunee
ef the NSC such other" intell-related
claimed that never might direct. It might
iiy and that never might
had this or any cou also
jetty" candidly enacted a law on such a delicate so pub-
delicate sub-
p. 402
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A.- sa-e~ ^ 6n , . >
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 role of pe
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of Hearings Before the Comm onoExpendituressin.
the Executive Depts--House of Reps--June 27,
1947--in HS vault
SECRET
as one witness admitted (Adm. Thomas Inglis, chief of NI):
"this disaster of Pearl Harbor is very muc h on the minds
of all ?7t us, and it has had a gr influence in our thinking."
V
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