Final Sen Debate and Vote (Cong Record)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP64B00346R000400070009-6
• Release Decision: RIFPUB
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• Document Page Count: 71
• Document Creation Date: December 15, 2016
• Document Release Date: October 14, 2003
• Sequence Number: 9
• Publication Date: January 31, 1962
• Content Type: OPEN

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of America PROCEEDINGS AND DEBATES OF THE S7 ' CONGRESS, SECOND SESSION
Vol. 108 WASHINGTON, WEDNESDAY, JANUARY 31, 1962
Senate
The Senate met at 12 o'clock meridian,
and was called to order by the Vice
President.
Rev. Joseph A. Mason, D.D. minister,
Grace Methodist Church, Pekin,,IlI., of-
fered the following prayer:
Almighty God, father of us all, who
art the source of all wisdom and the
fount of all understanding, we seek Thy
presence now, before facing the tasks of
this day. Before we grapple with the
problems that beset us and the decisions
that challenge us, we would pause in
quiet confidence to invoke Thy blessings
upon the Senate of the United States
and upon each of its Members,
Give us grace, 0 God, to seek Thy will
in all decisiols and deliberations; keep
us ever at tasks too hard for us, that we
may be driven to Thee for strength. We
may falter, 0 God, unless Thou dost up-
hold us; may Thy hand be upon each
Member of this great body, to guide,
strengthen, and sustain.
As free Americans, we thank Thee
for the blessings of liberty and oppor-
tunity and justice which are ours; make
us worthy of our great heritage, we pray,
and keep us true in the responsibilities
which are ours. Prosper all counsels
which make for the maintenance of
rightful and abiding peace; and direct
the course of the world in the ways of
justice and righteousness.
Endow all who are assembled here
with a purity of purpose, and ever enable
them to rise above all self-seeking and
party zeal, into the larger concerns of
public good and human brotherhood.
May what they say and do here today
and in the days to come remain ever in
tribute to their honor and judgment, and
grant that they-being devoted to their
country-may ever be defended by Thy
power, through Jesus Christ our Lord.
Amen.
THE JOURNAL
On request of Mr. HTMPHREY, and by
unanimous consent, the reading of the
Journal of the proceedings of Tuesday,
'January 30, 1962, was dispensed with.
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MESSAGES FROM THE PRESIDENT
Messages in writing from the Presi-
dent of the United States ere commu-
nicated to the Senate by M1% Miller, one
of his secretaries.
REPORT ON U.S. AERONAU'I''TCS AND
SPACE ACTIVITIES, 1961-MES-
SAGE FROM THE PRESIDENT (H.
DOC. NO. 324)
The VICE PRESIDENT laid before the
Senate the following message from the
President of the United States, which,
with the accompanying report, was re-
ferred to the Committee on Aeronautical
and Space Sciences:
To the Congress of the United States:
In accordance with section 206(b) of _
the National Aeronautics and Space Act
of 1958, as amended, I transmit herewith
a report for the calendar year 1961, on
this Nation's aeronautics and space
activities.
During 1961, major attention was de-
voted to establishing our policy objective
of space leadership and to accelerating
our efforts toward achieving that ob-
jective.
In my message to the Congress on May
25, 1961, I stated that a leading role in
space achievements may well hold the
key to this country's future. That I re-
affirm. Last year, we made necessary
decisions and, with the support of the
Congress, stepped up the, pace of per-
formance. Even greater strides must be
made in the coming months and years,
and thus the recommended budget which
I submitted to the Congress earlier this
month contains requests for funds for
the fiscal year 1963 space program, to-
taling $5.5 billion, an increase of $2.4 1
billion over fiscal year 1962L and $3.7 bil-
lion over fiscal year 1961.
It is the policy of the United States
that activities in space be devoted to
peaceful purposes, and during 1961 we
made significant progress in that regard.
Such progress included space projects to
help keep the peace and space projects to
increase man's well-being in peace.
No. 14
In summary form, the accompanying
report indicates the contributions of the
various departments and agencies of the
Government to a national space pro-
gram.
JOHN F. KENNEDY.
THE WHITE Housa, January 31, 1962.
MESSAGE FROM THE HOUSE
.A message from the House of Repre-
sentatives, by Mr. Bartlett, one of its
reading clerks, announced that the
House had passed a bill (H.R. 8900) to
authorize assistance to public and other
nonprofit institutions of higher educa-
tion in financing the construction, re-
habilitation, or improvement of needed
academic and related facilities, in which
it requested the concurrence of the
Senate.
HOUSE BILL PLACED ON CALENDAR
The bill (H.R. 8900) to authorize as-
sistance to public and other nonprofit
institutions of higher education in fi-
nancing the construction, rehabilitation,
or improvement of needed academic and
related facilities, was read twice by its
title and placed on the calendar.
LIMITATION OF DEBATE DURING
MORNING HOUR
Mr. HUMPHREY. Mr. President, I
ask unanimous consent that statements
in connection with the morning hour be
limited to 3 minutes.
The VICE PRESIDENT. Without ob-
i ection, it is so ordered.
LEGISLATIVE PROGRAM
Mr. HUMPHREY. Mr. President, in
order that there may be a clear under-
standing in regard to the business of
the Senate today, following the morn-
ing hour, let me say that at 2 p.m. there
will be a vote, as previously ordered, on
the question of confirmation of the
nomination of John A. McCone to be Di-
rector of Central Intelligence.
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The VICE PRESIDENT. That is cor-
rect; under the agreement previously
entered into, at 2 p.m. there will be a
vote on the McCone nomination.
Space Administration, Washington, D.C..
transmitting, pursuant to law, a report on
positions established in grades GS-16, GS-
17, and GS-18, for the, calendar year 1961
(with an accompanying report) ; to the Com-
mittee on Post Office and Civil Service.
EXECUTIVE COMMUNICATIONS,
ETC. CONCURRENT RESOLUTION OF
The VICE PRESIDENT laid before MISSISSIPPI LEGISLATURE
the Senate the following letters, which Mr. EASTLAND. Mr. President, the
were referred as indicated: Legislature of the State of Mississippi
REPORT ON REAPPORTIONMENT of recently adopted House Concurrent Res-
APPROPRIATIONS ? olution No. 5 commending the Honorable,
A letter from the Director, Bureau of the Orville L. Freeman, Secretary of Agri-
Budget, Executive Office of the President, culture, for having issued the Depart-
reporting, pursuant to law, that certain ap- ment's new regulation authorizing the
propriations had been apportioned on a basis cotton farmer more freedom and flexibil-
which indicates the necessity for-
supple-mental estimates of appropriations; to the
Committee on Appropriations. would like to take this occasion to
.
reciation t0
f a
l'
d
wor
o
pp
ESTIMATE of APPROPRIATIONS FOR REIMBURSE- add my persona
MENT OF CIVIL SERVICE RETIREMENT AND Secretary Freeman and his Department
DISABILITY FUND for promulgatingthis regulation and as-
A letter from the Deputy Director, Bureau sure the Senate that the action will
of the Budget, Executive Office of the Presi- be of great benefit to the cotton industry
dent, transmitting, for the information of of the Natioli.
the Senate, an estimate of appropriations I ask unanimous consent that the text
necessary to reimburse .the civil service re- of the resolution be printed in the
tirement and disability fund for the amounts RECORD at this point in my remarks.
1963; to the Committee on Appropriations.
REPORT OF ATTORNEY GENERAL ON REVIEW
OF VOLUNTARY AGREEMENTS AND PROGRAMS
A letter from the Attorney General, trans-
mitting, pursuant to law, his report on a
review of voluntary agreements and pro-
grams, as of November 9, 1961 (with an
accompanying report); to the Committee on
Banking and Currency.
REPORT ON AVIATION WAR RISK INSURANCE
A letter from the Secretary of Commerce,
transmitting, pursuant to law, a report on
aviation war risk insurance, as of Decem-
ber 31, 1961 (with an accompanying report);
to the Committee on Commerce.
BALANCE SHEET OF POTOMAC ELECTRIC
POWER Co.
A letter from the President, Potomac Elec-
tric Power Co., Washington, D.C., transmit-
ting, pursuant to law, a balance sheet of that
company, as of December 31, 1961 (with ac-
companying papers); to the Committee on
the District of Columbia.
REPORT OF D.C. TRANSIT SYSTEM, -INC.
A letter from the vice president and comp-
troller, D.C. Transit System, Inc., Washing-
ton, D.C., requesting an extension of time
in which, to file a report of that company;
to the Committee on the District of Colum-
bia:
REPORT OF ADVISORY COMMISSION ON
INTERGOVERNMENTAL RELATIONS
A letter from the-Executive-Director, Ad-
visory Commission on Intergovernmental Re-
lations, Washington, D.C., transmitting, pur-
suant to law, a report of that Commission,
dated January 31, 1962 (with an accompany-
ing report) ; to the Committee on Govern-
ment Operations.
AMENDMENT OF SECTION 216, TITLE 38, UNITED
STATES CODE, RELATING TO PROSTHETIC RE-
SEARCH, IN VETERANS' ADMINISTRATION
A letter from the Deputy Administrator,
Veterans Administration, Washington, D.C.,
transmitting a draft of proposed legislation
to amend section 216 of title 38, United
States Code, relating to prosthetic research
in the Veterans' Administration (with an ac-
companying paper); to the Committee on
Labor and Public Welfare.
REPORT ON POSITIONS ESTABLISHED IN GRADES
GS-16, GS-17, AND GS-18
A letter from the Director, Office of Leg-
islative Affairs, National Aeronautics, and
rent resolution was referred to the Com-
mittee on Agriculture and Forestry, as-
follows:
HOUSE CONCURRENT RESOLUTION 5
Concurrent resolution commending the Hon-
orable Orville L. Freeman, Secretary of
Agriculture, for having issued the Depart-
ment's new regulation authorizing the
cotton farmer more freedom and flexibility
in skip-row planting, and to express ap-
preciation to Mississippi's congressional
delegation for their cooperation and assist-
ance in this policy change
Whereas the U.S. - Department of Agricul-
ture did, by order of the Secretary of Agricul-
ture, Orville L. Freeman, issue its new regula-
tion authorizing cotton farmers to plant their
cotton acreage in the manner best suited to
each individual operation; and
Whereas the new skip-row regulation, by
its constructive action in liberalizing the
plant patterns to permit more efficient use
of land and equipment under the most suit-
able method, would allow farmers to average
higher yields, better. use of equipment, and
lower the unit cost per pound of cotton; and
Whereas this new policy of the national
administration is welcomed by agricultural
groups and formers' associations as a major
step to aid the cotton farmer in his cost-
price squeeze and thereby stimulate the over-
all economy of cotton-producing States and
the entire Nation; and
Whereas Senators JAMES 0. EASTLAND and
JOHN C. STENNIS, Congressmen THOMAS G.
ABERNETHY, JAMIE L. WHITTEN, FRANK E.
SMITH, JOHN BELL WILLIAMS, ARTHUR WIN-
STEAD, and WILLIAM M. COLMER, in addition
to the Delta Council, Farm Bureau Fed-
eration, and various other individuals have
been of great assistance and encouragement
to-Secretary Freeman in the adoption of the
eased'.planting regulation believed to be a
boost to Mississippi's economy: Now, there-
fore, be it
Resolved by the House of Representatives
of the State of Mississippi (the State Sen-
ate concurring therein), That we do
hereby commend the Honorable Secretary
of Agriculture Orville L. Freeman for his
wisdom, cooperation, and forthright demon-
strative evidence of his and the national ad-
ministration's keen interest in farm prob-
lems and cotton farmers' plight in their
ever-increasing cost-price squeeze and mar-
keting problems; and be it further
Resolved, That the Mississippi Legislature
also express its profound appreciation to the
entire congressional delegation from the
State of Mississippi; and be it further
Resolved, That enrolled copies of the
resolution be forwarded the Honorable Sec-
retary of Agriculture Orville L. Freeman. U.S.
Senators James O. Eastland and John C.
Stennis, and U.S. Representatives Thomas G.
Abernethy, Jamie L. Whitten, Frank E. Smith,
John Bell Williams, Arthur Winstead, and
William M. Colmer.
Adopted by the house of representatives
January 4, 1962.
WALTER Sn,LERS,
Speaker of the House of Representatives.
Adopted by the senate January 15, 1962.
PAUL B. JOHNSON,
President of the Senate.
CONCURRENT RESOLUTIONS OF
MISSISSIPPI LEGISLATURE
Mr. EASTLAND. Mr. President, on
behalf of my colleague, the junior Sen-
ator from Mississippi [Mr. STENNIS] and
myself,, I present, for appropriate ref-
erence, two concurrent resolutions of the
Legislature of the State of Mississippi,
and ask that they be printed in the
RECORD.
There being no objection, the concur-
rent resolutions were appropriately re-
f erred, and, under the rule, ordered to be
printed in the RECORD, as follows:
To the Committee on Labor and Public
Welfare:
"SENATE CONCURRENT RESOLUTION 101
"Concurrent resolution memorializing Con-
gress and the Administrator of Veterans
Affairs of the United States to authorize
Mississippi's new $14 million Veterans' Ad-
ministration hospital and center to be
named in honor of our late Congressman
John Elliott Rankin, of Tupelo, Miss.,
ardent champion of veterans legislation
"Whereas the State of Mississippi has on
several prior occasions by legislative resolu-
tions and statute, and State Building Com-
mission action, overwhelmingly supported,
In cooperation with the State congressional
delegation, the local and -national officers
of the Veterans' Administration, Jackson
Chamber of Commerce, and congressionally
chartered veterans organizations, the con-
struction of a modern Veterans' Administra-
tion Hospital and regional office in Jackson,
Miss.; and
"Whereas pursuant to the aforesaid united
efforts of these groups and organizations,
and general public endorsement, this new
facility has been built and will be occupied
this month after many years' unselfish and
patriotic service; and
"Whereas official minutes of all three vet-
erans organizations in the State of Mississippi
have heretofore endorsed both the construc-
tion of this magnificent hospital facility in
Jackson, Miss., and the Honorable John E.
Rankin for his long tenure in Congress as a
militant champion and author of most
worthwhile veterans legislation including
education and training, insured home and
farm loans, hospitalization and rehabilita-
tion benefits; and
"Whereas one of these veterans groups, the
Disabled American Veterans, did at its execu-
tive committee meeting held in Jackson on
December 2, 1961, adopt a resolution request-
ing this new VA hospital to be named the
John E. Rankin Veterans' Administration
Center as an everlasting tribute to this
great Congressman who served with patriotic
fervor and militant courage from 1921 to
1953; and
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dinner, my heartfelt thanks and congratu-
lations for the years of dedicated service he
has given to the great State of Wisconsin,
to the United States of America, and to the
Republican Party. We who serve with him
in the Senate know that without his untir-
ing and inspired efforts the St; Lawrence
Seaway, could never have become a reality.
His State, his Nation, and his party owe him
a great debt of gratitude.
BARRY GOLDWATER,
U.S. Senator.
U.S. SENATE,
COMMITTEE ON ARMED SERVICES,
Hon. ALEXANDER WILEY,
U.S. Senate,
Washington, D.C.
DEAR ALEX: I regret very much that I will
be out of the country when the testimonial
dinner Is held by the Milwaukee citizens in
your honor.
You have been an outstanding Senator,
who has given so much consideration to the
women of our country in the statesmanship
you have given Wisconsin and the Nation.
I trust the people, of Wisconsin fully realize
your worth and will send you back to the
Senate by a tremendous victory.
Sincerely yours,
MARGARET CHASE SMITH,
U.S. Senator.
U.S. SENATE,
COMMITTEE ON FOREIGN RELATIONS,
November 7, 1961.
Hon. ALEXANDER WILEY,
U.S. Senate, -
Washington, D.C.
DEAR ALEX: I am informed that on No-
vember 27 you will be the guest of honor, at
a meeting in Milwaukee arranged by your
many friends in Wisconsin. It is altogether
fitting that you should be so_ honored.
My personal association with you over
the past 17 years in the Senate and on the
Senate Foreign Relations Committee, Where
you have served as chairman, gives me full
assurance when I say that your service to
your State and to the country has been
outstanding.
Your work on the Senate Judiciary Com-
mittee, both as chairman and as ranking
minority member, has been of the highest
order.
The Nation, and particularly your State of
Wisconsin and the States of the Middle West,
owe you a debt of gratitude for your great
and continued effort on the St. Lawrence
Seaway. There is no doubt of your posi-
tion as a major factor in bringing this great
work through to.completion.
I join with your friends and colleagues in
an- expression of appreciation for the con-
tributions you have made in many ways.
Sincerely yours,
BOURKE B. HICKENLOOPER.
CONGRESS OF THE UNITED STATES,
HOUSE OF REPRESENTATIVES,
Washington, D.C., November 20, 1961.
Senator ALEXANDER WILEY,
Schroeder Hotel, -
Milwaukee,.Wis.
DEAR ALEX: I am very pleased to learn that
you are being honored by many of your
friends for your great contribution to Wis-
consin and the Nation. It is much deserved
and it is appropriate that this testimonial
should emphasizL your great contribution in
the creation of the St. Lawrence Seaway.
I want to add my thanks to those of other
-Wisconsinites for your never-ending fight to
make the seaway dream come true. It
should not be overlooked on this occasion
that this was brought about when Wiscon-
sin, for the first time in'its history, had a
Senator who held the highest rank on many
important Senate committees ever held by
a representative of the State of Wisconsin.
This, too, is testimony to the high regard
in which you are held by the people you
have served so faithfully. -
Congratulations and every good wish for
the future.
Sincerely yours,
VERNON W. THOMSON,
Member of Congress.
NOVEMBER 20, 1961.
Hon. ALEXANDER WILEY,
U.S. Senate, Washington, D.C.
DEAR ALEX: It is most fitting that you be
honored by your fellow citizens for your
efforts in connection with the St. Lawrence
Seaway.
I well recall, over the years, your single-
minded devotion to the dream of extending
the Atlantic coast to the heart of America
and the work and leadership you gave to
the long struggle which made this dream a
reality.
While the thriving commerce and new in-
dustry now being generated by the seaway
is your real reward, I consider it an honor
to join with all Wisconsin in paying tribute
to you for the faith and conviction which
played such a vital role in the successful out-
come of the long battle to bring the vessels
of the world to the ports of Wisconsin.
Sincerely yours,
BOARD OF HARBOR COMMISSIONERS,
Milwaukee, Wis., November 27, 1961.
DEAR SENATOR WILEY: It is a great privi-
lege to join the civic, educational, business,
and labor leaders of Wisconsin in paying
tribute to you on the occasion of today's
testimonial dinner in your honor.
The theme of the occasion is the St. Law-
rence Seaway, and the monumental contri-
bution you have made to Wisconsin, to the
Great Lakes region, to the Nation, and to
the whole international world of trade, by
your effective leadership and guidance of the
legislation which brought the seaway to real-
ity as a new instrument of world commerce.
Having been so closely associated with you
in the long and oft-discouraging struggle
for the seaway, we always welcome the op-
portunity, publicly or privately, to pay
tribute to this, the monumental climax to
your legislative career.
We think also, however, of the effective
day-to-day service you and your fine staff
render to your constituency and to the local
governments of Wisconsin. We think of the
victorious fight, ably led by you, to prevent
downgrading of Milwaukee from a U.S. cus-
toms port of entry to a mere subport under
Chicago. We think of the effective support
we have had from you on every issue,
whether it be preserving lake levels or pre-
serving the traffic of Wisconsin ports.
Whether the issues have been large or
small, we have had your undivided interest,
your guidance and your effective participa-
tion in reaching the right solutions. From
the privilege of long association with you,
I can testify as to the debt of gratitude
which the port of Milwaukee and the ports
of Wisconsin owe to your dedication and
your successful handling of administrative
and legislative problems.
Most cordially,
HARRY C. BROCKEL,
Municipal Port Director.
U.S. COURT OF CLAIMS,
Washington, D.C., November 22, 1961.
Senator WILEY,
Testimonial Dinner Committee,
Milwaukee, Wis.
DEAR MR. STEVENSON and MR. FITZGERALD:
I deeply appreciate your kind invitation to
attend the Wisconsin testimonial dinner
next Monday to Milwaukee for Senator
WILEY. However, our court will be in session
here in Washington on that day, and I do
not feel that I should be absent, particularly
1143
since we have a vacancy of one judge on our
bench,
No man from Wisconsin owes more to
ALEX WILEY and his stanch loyalty than I do.
I regret that I can only join in absentia with
your tribute to a great and valorous leader
who stands in the vanguard of a long tradi-
tion of distinguished statesmanship from
our Commonwealth. May he long continue
to represent our State, which he has loved
and served so well.
Sincerely,
NOVEMBER 13, 1961.
Hon. ALEXANDER WILEY,
U.S. Senate,
Senate Office Building,
Washington, D.C.
DEAR SENATOR WILEY: On the occasion of
an event held in testimony of your many
years of public service, permit me to join
with your many friends in recognizing your
devotion to public duty.
. On this occasion, one calls to mind the
many instances of help you have given to
the people of the city of. Milwaukee and the
surrounding area. I specifically recall dur-
ing my administration as mayor of Milwau-
kee from 1948 to 1960 that you aided prog-
ress in general housing and urban renewal
legislation, and that you helped the city
over many administrative and legal diffi-
culties in connection with the lower third
ward and Hillside project areas. The Hill-
side project addition is a particular tribute
to your efforts for you helped it in its last
critical stages.
Your assistance in matters of civil de-
fense, matters relating to interstate gas dis-
tribution, the Chicago water diversion fight,
and port and harbor developments was
timely and invaluable.
Most of all, however, we Milwaukeeans
must join with people of many States in
congratulating you for your work in making
the St. Lawrence Seaway a reality. Your
guidance of this project through the Senate
was a great triumph which we shall all
remember.
,May you continue to gain a great sense
of satisfaction from these activities for the
public good.
Sincerely,
FRANK P. ZEIDLER.
WASHINGTON, D.C., November 27, 1962.
Senator ALEXANDER WILEY,
Care Shroeder Hotel,
Milwaukee, Wis.:
Upon the occasion of this testimonial din-
ner for you, we, your staff, happily join with
fellow citizens in paying well-merited trib-
ute to you and to your unique, outstanding
service in the U.S. Senate.
Serving in your office, we have witnessed
your wholehearted dedication to your coun-
try; your relentless effort to promote do-
mestic progress and security for the Nation;
and particularly to serve your constituents;
and your deep concern for fulfilling the
needs of humanity. As staff members, also,
we have observed the high esteem with
which you are held by your constituents by
executives and members of all branches of
the Government and other fellow Ameri-
cans; and by representatives of countries
around the globe.
As a U.S. Senator, you have demonstrated
a real sensitivity to the needs of humanity;
great faith In spiritual values; an incisive
wisdom in "getting to the heart of matters";
an attunement to-indeed, a real search
for-new ideas; and a judicious use of humor
to give perspective and understanding to
sometime difficult situations-or just to
lighten the day-to-day workload in the
office.
For our experience as laborers for, and
with, you in the "Lord's vineyard" and the
Senate, then, we say: "Thank you, Senator."
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Upon your record of wonderful accom- citizens at what Federal housing programs OIL: MOSCOW'S POLITICAL WEAPON
plishments, we say: "Congratulations." And already are doing to them. What is happen- Mr. HUMPHREY. Mr. President, I
for the future-as the past-we humbly, ing as the result of paper plans imposed upon
but confidently, pray that your life-per- them from Washington whether relevant to wish to call to the attention of the Sen-
sonally and as a U.S. Senator-will continue local problems and conditions or not? -ate a recent article by Mr. Ralph McGill,
to be brightened by the respect, esteem, and What has been the effect of municipal rub- Atlanta noted journalist lisand Atlantanist Ga. of Tthe
he
love of your fellow men and the blessings of berstamping of Federal standards andsgeci-
God. flcations, imposed under the threat of with- article is entitled "Oil: Moscow's Polit-
YoUR STAN. drawal of Federal funds? What has been ical Weapon."
the effect on cities of swallowing projects us of the
which in the absence of local control had Mr. of McGill Soviet again economic reminds competition ofitthe
PROPOSED DEPARTMENT OF been better not begun at all?
URBAN AFFAIRS That sort of realistic appraisal is the last and how the Soviet Union can use this
thing the localities ban expect from the Fed- economic power to disrupt normal mar-
Mr. DIRKSEN. Mr. President, there eral Government. And it surely would not kets, and, in fact, wage war on the world
apeared in the Wall Street Journal as come from a Department of Urban Affairs economy.
of this morning a very well-reasoned and Housing. What would inevitably come Last year I addressed the Senate on
editorial, under the caption "Why an are still more and more elaborate paper this subject and called to the attention
Urban Affairs Department?" I ask plans, more Federal standards and specihoa- of the Senate several instances of the
tions, more Federal say-so about where, how,
unanimous consent to have it printed and for what the taxpayers' dollars are used. Soviet economic offensive and the effects
in the RECORD as a part of my remarks. The only logical end to all this is complete of that economic offensive upon world
There being no objection, the edito- abdication of municipal control over urban markets and commercial enterprises in
rial was ordered to be printed in the development, the so-called free countries.
RECORD, as follows: It may be vain to expect that the Federal I ask- unanimous consent that Mr.
WHY AN URBAN AFFAIRS DEPARTMENT? housing and urban improvement juggernaut
as it now exists can be rolled back. But its MCGill's article be at this point
in the RECORD.
A lot more heat than light is being gen- further invasion, under the banner of a new There being no objection, the article
crated around the administration's efforts Cabinet-rank Department, can be checked.
to create a Department of Urban Affairs Now that the President, in a message yester- was ordered to be printed in the RECORD,
alid Housing. The President,"now that the day, has notified Congress he is setting up as follows:
House Rules Committee has pigeonholed a the Department, the House or Senate has 60 OIL: MOSCOW'S POLITICAL WEAPON-REDS SEEN
bill to create the new agency, is trying to days in which to reject it. On its merits DRIVING To UNDERCUT WEST ON PRICES AND
win his point by setting up the department, alone, rejection is what it deserves. ENTRAP NATIONS CITED
by Executive decree. So it is a good time (By Ralph McGill)
to review just what this program involves This is about Russian communism's po-
and to see what its implications are. . ORDER OF BUSINESS
The proposal provides for transferring to litical use of oil. But first, a preamble.
a new Cabinet-level department the func- Mr. BUSH. Mr. President, a parlia Domestically, the Communist -Party is at
tions of many -existing Federal housing mentary inquiry. Its lowest ebb in our history. A number of
agencies. The secretary would be charged The VICE PRESIDENT. The Senator factors are responsible. One is the common
with studying the Nation's housing prob- . will state "it. sense of the American people. Marxist theo-
lems and development of urban communi- Mr. BUSH. There is no time set aside ries do not appeal. Nikita Khrushchev has
not been a good salesman in the United
ties, advising the President, and providing especially for discussing the McCone
leadership, technical assistance and minor- States, whatever his success elsewhere. If he
oration to State and local governments. nomination today, is there? is trying to catch up with us, as he says
Proponents of the plan themselves have The VICE PRESIDENT. The Parlia- he is, then even a fellow who isn't very smart
advanced, unintentionally, persuasive rea- mentarian informs the Chair that the would probably not be interested in some-
sons why it is neither desirable nor neces- only requirement or order entered by the thing admittedly not as successful as our
sary. For they have said again and again Senate is that itvote at 2 o'clock. own system;
that the plan would create no new Federal Mr. BUSH. If there are no' other The people of this country have been well
programs nor would it albtr substantially speakers in - the morning hour, I ask educated about Communist methods and
existing laws on Federal housing and urban unanimous consent that I may have 5 activities. They are not immature, witless
development. If that is so, as the National fools, as some of the organizations so de-
Association of Manufacturers and others minutes- termined to teach them their own ideas
have observed, there surely is no crying need Mr. HUMPHREY. Mr. President, will seem to think. The American people do a
for a whole new Department of Urban Af- the Senator withhold that request for very good job of thinking for themselves. J.
fairs and Housing. just a moment? I believe there is other Edgar Hoover-and-the Federal Bureau of In-
But a much more likely prospect is that morning business. There will be time to vestigation have done a magnificent job of
the- proposed Department would actually be discuss the McCone nomination. The keeping the party under surveillance and in
a device by which the Federal Government Senator from Georgia [Mr. RUSSELL] producing educational material.
could extend and consolidate control over its The great danger is from organized Com-
farflung housing and urban redevelopment wants time to speak on the nomination. munist military aggression. The next most
projects, at the expense of urban areas: He has informed the majority leader to serious threat comes from communism's use
Since the plan defines an "urban area" as a that effect. We will see that there is a of her own foreign-aid program and economic
city or township of any size, whether incur- brief quorum call after the morning power as political weapons, subtle or direct.
porated or unincorporated, it would cover a hour. Then we will go on to the McCone It is not, let .us repeat, communistic to sup-
pretty broad territory. nomination. port laws against racial discrimination. It
The President himself hinted at the pos- The VICE PRESIDENT. Is there fur- is not communism to urge that Negro citi-
sible extent of this Department's invasion zens be allowed to vote. It is not com-
of localities when, commenting on the Rules ther morning business? munism to suggest that fluorides in water
Committee action, he referred to the admin- Mr. MCCLELLAN. Mr. President, will deter tooth decay.
istration's "concern for some effective man- what is the business to come up after the The Supreme Court has not been, and is
agement and responsibility of the problems morning hour? not disloyal. Chief Justice Warren is an able,
of two-thirds of our population who live in Mr. HUMPHREY. The McCone nom- competent jurist whose allegiance (along
cities." - ination. with that of the Associate Justices) to the
The Government might well be concerned. Mr. MCCLELLAN. Is it under con- Bill of Rights as written is one of the major
For just such massive intrusions into munici- bulwarks against communism.
pal affairs as a Department of Urban Affairs trolled time? The United Nations is not a Communist
and Housing would be empowered to make Mr. HUMPHREY. We will vote at 2 organization. The overwhelming majority of
have helped to contribute to the urban mis- o'clock. commonsense Americans know these things.
management and irresponsibility with which
many Mr. McCLELLAN. Will the discussion They are not deceived by hysteria.
cities are. well- acquainted. Too often
political machines have become involved oil the nomination be under controlled The National Petroleum Council has done
with millions of dollars of construction con- time? I wanted 5 or 10 minutes in con- us a favor. It has put its finger on a mas-
tracts- with scandalous results. Nor is the nection with the introduction of a bill, sive Communist threat-and it locates it
exam le of the Government itself where it is. (It is neither under the- bed
profligate P Mr. HUMPHREY. The discussion will nor in the schools.)
one that suggests prudent management to not be under controlled time, if the Seri- Robert E. Ebel, an oil and gas expert with
municipal governments. ator wants to wait until the morning the Interior Department, is perhaps the best-
What the cities need far more urgently business is concluded. Informed man in the Western nations on So-
than Federal concern for their failings is a viet oil production and uses. The American
hard" look by their own administrators and Mr. McCLELLAN. I Will Wait.
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FEXECUTIVE SESSION mainlan corporation, but if one has an or with ships sailing under the American
Mr. HUMPHREY. Mr. President, I i 85 percent stock interest, will one's at- flag or businesses founded on American
move that the Senate proceed to the titudes be divorced from a special con- soil. Yet, r do not object to Mr McCone's
consideration of the Executive Calendar. cern for the sealanes and cargoes it having made his money by leasing
The motion was agreed to, .and the follows? foreign-made ships and flying them un-
Senate proceeded to the consideration The PRESIDING OFFICER (Mr. der the flags of Norway or Panama, ex-
of executive business. BUSH in the chair). The Senator's time empt from U.S. income taxes, or, as he
The Senate resumed the considera- has expired. put it, where costs can be competitive.
tion of the nomination of John A. Mc- Mr. CASE of South Dakota. Mr. The laws permit it. But I do wonder
Cone, of California, to be Director of President, I ask .unanimous consent that whether his vast empire in that field,
Central Intelligence. I may have 2 additional minutes. builded In the past 20 years, have not
Mr. CASE of South Dakota. Mr. The PRESIDING OFFICER. Is there cloaked him with a concern for oversea
President, I speak with reference to objection? operations that are not those which the
the nomination of Mr. McCone to be Mr. McCLELLAN. Mr-President, re- average and typical American would
Director of Central Intelligence. serving the right to object, though I will have.
On the 'floor last evening, I stated not object, I have been waiting for the The PRESIDING OFFICER. The 2
that I was looking into the tax status morning hour to conclude. I hope I additional minutes requested by the Sen-
terests owned by Mr. McCone that were
incorporated under the laws of Panama
and flying either the Panamanian flag
or the flag of Norway.
Reference to the Annotations on the
Internal Revenue Code, for paragraph
883, entitled "Exclusions From Gross
Income," lists both Panama and Nor-
way among the countries with which
"the United States has - entered into
exchange-of-notes agreements relating
to reciprocal exemption from income
taxation of shipping and aircraft
profits."
It seems evident, therefore, that
among the incentives which led to the
incorporation of several of the McCone
companies in Panama and the flying of
their ships or affiliates under the flag
of Panama or Norway was the exemp-
tion of profits from taxation under the
normal levies for American business.
There is nothing Illegal about this-
the code provides for it. The question
arises, however, whether a man with the
extensive interests which Mr. McCone
has in these foreign shipping companies
and their affiliates, and in the companies
such as Standard Oil of California which
use these lines can divest himself of the
natural Interest and concern a majority
stockholder would have in their fortunes
in a disturbed world.
In November 1961, Mr. McCone re-
signed from numerous directorates, a
half dozen or more, preparatory to en-
tering on his duties as interim appointee.
But, Mr. President, one may resign as di-
rector of Standard Oil of California and
forgo a director's salary or fees, but how
does he divest himself of interest in the
operations and oversea holdings of such
a company In which he retains over a
million dollar interest?
One may resign as president and di-
rector of Joshua Hendy; but how does
one shed himself of interest in the sta-
bility and success of affiliated foreign
corporations in which Joshua Hendy
Corp. owns a 50-percent interest and
profits from management contracts
when Joshua Hendy is 100 percent
owned by Mr. McCone?
One may resign from the presidency
and directorship of Panama Pacific
Tankers, but if one owns all its stock,
how does one divorce himself, of interest
in its worldwide commerce 113 bulk
cargoes, Including oil?
One may resign from official connec-
tion with San Marino, another Pana.
have unanimous consent also to proceed
beyond the time permitted.
Mr. HUMPHREY. Mr. President, I
suggest that the regular rule of 3 min-
utes be followed. If the morning hour
has then been concluded, I shall move
that the Senate proceed to the consider-
ation of the Executive Calendar, and the
Senator from South Dakota may then
continue.
Mr. McCLELLAN. Mr. President, will
the Senator yield?
Mr. HUMPHREY. I yield.
Mr. McCLELLAN. I hope the Senator
from Minnesota will not object to the
Senator from South Dakota proceeding,
but I felt that we ought to call attention
to the fact that other Senators arepres-
ent waiting and have been waiting, hop-
ing that the morning hour could be con-
cluded so that we could get on with other
business.
Mr. HUMPHREY. Mr. President, I
shall not object. '
The PRESIDING OFFICER. The
Senator from South Dakota may pro-
ceed.
Mr. CASE of South Dakota. One may
never have held officer connections in
Transworld Carriers, another Pana-
manian corporation; but if Joshua
Hendy 100-percent owned, in turn owns
50 percent in this Panamanian corpora-
tion moving petroleum and other com-
modities in world commerce, will one's
attitudes and areas of interest not be in-
fluenced thereby?
Or the same for Redwood Corp., in
which Joshua Hendy is a large owner.
Mr. President, the director of the Cen-
tral Intelligence Agency makes decisions
that involve and form the foundation
for national policy. He will deploy the
agents of the CIA. He will assess the
importance of a report of revolution in
far corners of the earth. He will evalu-
ate the intelligence that is assembled.
He may then direct cooperation or re-
straint from involvement. Will his in-
stincts be free from his background?
Are hips shipping interests identical al-
ways with those of the United States?
It has been said, Mr. President, that
Mr. McCone is a typical example of the
great American success story-a man of
ability starts from scratch and becomes
a man of great responsibility and great
wealth. It might be more typical, Mr.
President, if the profits had been made
with enterprises incorporated under the
laws of some State of the United States
ator from South Dakota have expired.
Mr. LAUSCHE. Mr. President, will
the Senator from South Dakota yield for
a brief question?
Mr. CASE of South Dakota. May I
first conclude my statement?
The PRESIDING OFFICER. The
Senator's time has expired.
Mr. LAUSCHE. Mr. President, I ask
unanimous consent that I may propound
a brief question.
The PRESIDING OFFICER. Is there
objection? Without objection, the Sen-
ator may ask his question.
Mr. LAUSCHE. Where did the Sena-
tor from South Dakota obtain the figures
of the percentage holdings of stock that
he quoted? I do not believe they are in
the transcript.
Mr. CASE of South Dakota. I think
they are in the record of the hearings. I
have not intentionally quoted anything
that is not in the record of the hearings.
Mr. LAUSCHE. I am not challenging
the correctness of the figures given, but
merely trying to learn their source.
Mr. CASE of South Dakota. If the
Senator will examine the questions and
answers in the testimony of Mr. McQpne
as to the ownership of those corpora-
tions, I think he will find all of them in
the hearings.
Mr. LAUSCHE. I thank the Senator.
Mr. HUMPHREY. Mr. President, has
morning business been concluded?
The PRESIDING OFFICER. Is there
further morning business? If not,
morning business is concluded.
COMMISSION ON SCIENCE AND
TECHNOLOGY
Mr. McCLELLAN. Mr. President, as
in legislative session, on behalf of myself,
as chairman of the Committee on Gov-
ernment Operations, the senior Senator
from Minnesota [Mr. HUMPHREY], and
the senior Senator from South Dakota
[Mr. MUNDT], I introduce, for appropri-
ate reference, a bill providing for the
establishment of a Commission on
Science and Technology. This bill is
similar to a bill, S. 1851, reported favor-
ably by the Committee on Government
Operations in the 86th Congress, to cre-
ate a Commission on a Department of
Science and Technology. The revised
bill contains a broadened declaration of
congressional policy and objectives, and
places more emphasis upon the need for
a study of the problems relating to the
improvement of Federal programs for
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processing and retrieval of scientific in- design; the development of production pro- That, of course, is the objective of the
formation. grams, the placement and coordination Of bill I am introducing, which contains
The Subcommittee on Reorganization production; and, finally, production must be adequate authority to set up a Science
of the Committee on Government Op- accompanied by continuous further research Advisory Panel and such special task
and constant evaluation of results. forces as may be necessary to evaluate
-erations held extensive hearings on bills The organization of all Government re-
proposing the creation of a Department search and development has been a slow all Federal scientific and technological
of Science and Technology in the 85th growth and a constant realiriement to meet activities and related private industrial
and 86th Congresses, with emphasis be- every discovery in basic science and the in- and institutional activities.
ing placed upon the need for better co- ventions which flow from these discoveries. The studies made by the staff of the
ordination of the civilian science pro- Indeed the foundation of the greatest sec- Committee on Government Operations
for of human advancement in modern times n ad its subcommittees have further de-
grams of the Federal Government. Is basic research into nature's laws and ma- and its
much information relative to
These hearings developed the need for terials. It is from these sources that come
further study as t3 whether or not a De- the, raw materials of applied science. We owe certain deficiencies in scientific, engi-
partment of Science and Technology to basic research the fabulous improvement neering, and technical information pro-
should be created, or whether the science in the health of the Nation; the greatest in- grams, including acquisition, processing,
functions may be effectively reorganized dustrial productivity known to man; the documentation, storage, retrieval, and
within the existing structure of the Fed- weapons of defense which have protected our distribution, and that there is an urgent
era) Government without the necessity independence; and our knowledge of the laws need for accelerating scientific, engi-
of creating a new Cabinet post. The ob- which govern the universe. neering, and technical progress in some
There is no tribute great enough to ex- 30 or 40 Federal agencies which perform
jective of the bill I am introducing is to press the Nation's obligations to its scientists, this area.
provide the President and the Congress engineers, and military personnel, for their some me functions ons in the area.
of the bill
with the necessary information to de- contributions to our constantly increasing
velop an adequate legislative program to productivity and the strengthening of our I am introducing is to provide for a joint
meet the needs of the Federal Govern- national defense. And there can be no re- legislative and executive study of Fed-
ment in the increasingly important fields laxation in this effort. eral scientific and technical activities in
of science and technology. This investigation and report on Federal order to evaluate the organization and
More than $e billion have been ex- research and development activities are di- administration of such activities and to
rected to improvement in organization from recommend improvements in present
pended in each of the past 2 fiscal years the constant lessons of experience. Com- operations, including minimizing of un-
for research and development by Federal ments on secondary weaknesses in organ-
departments and agencies in order to ization are not intended to disparage this warranted duplication of effort, and ef-
fulfill their missions and to increase enormous accomplishment but to construc- fecting necessary reorganization and
scientific knowledge. The proposed bud- tively improve its management, whose ma- such other changes as may be warranted
get for research and development for fis- Tor conduct has the approbation of this in the national interest.
cal year 1963 is approximately $12 bil- Commission. I am convinced that aggressive action
y Under the pressures of the world situation in these areas of Federal operation is
lion. The Subcommittee on Reorgani- these expenditures have progressed rapidly long overdue, and that some legislation
zation of the Committee on Government from about $29 million in fiscal year 1940 to athe lines I am proposing is legislation
Operations has developed, during the the prospective sum of about $2,050 million along if this nation is to carry out its re-
1st- session of the 87th Congress,' the fact for fiscal year 1956. The effective organiza-tial that there are many new problems con- tion of this great research and development sponsibilities for maintaining an ode-
stantly arising relative to fostering and requires the constant integration of mili- quate national defense and to promote
utilizing science and technology most tary and civilian skills and effective coordi- peace throughout the world.
effectively and economically and in sere- nation. At his press conference on January
The research and development programs 15, President Kennedy stated that one
Ing agency objectives and meeting na- for military strength extend across the en- of the most critical problems facing the
tional needs. They involve among other tire forefront of basic research in the physi- of "inadequacy of the supply
things developing and utilizing limited cal sciences and the technologies of their Nation ion is scientific the and technical the supply
manpower and other resources, estab- application.
lishing effective cooperative relation- Concurrently all areas of the -physical One of the major policies set forth in
ships between the governmental and sciences-chemistry, biology, mathematics, the bill I am introducing points up, the
and physics-are represented in the basic need for the improvement of policies for
private sectors of the Nation, and devis- and applied research programs. The aero- recruiting, training, and utilizing scien-
ing effective organizations to accomplish nautical, chemical, electrical, electronic, me- tific and engineering manpower, and the
these purposes. chanical and metallurgical technologies are bill specifically includes as one of its
In its report on research and develop- - all contributors to the development pro- assurance of the
ment in the Federal Government, the grams, and one or more of them is a com- major or objectives
and the efficient assurance of o
Hoover Commission stated that the ag- ponent of every weapons development proj-conservation gregate sum expended for scientific re- ect. The scope of research and development scientific and engineering manpower.
search and development in fiscal year leading to new weapons designs has a sub- The effective reorganization and coordi-
1956 probably exceeded $4.5 billion an- ject matter content whose scope is com- nation of existing and proposed Federal
mall", if the programs of our Indus- parable to that underlying the design of science and technological activities, as
facilities for the entire civilian economy. proposed by the bill, would tend to elim-
tries and nonprofit institutions are ,in- The task force subcommittee has limited its unnecessary duplication and waste
eluded, of which $2.4 billion was ex- examination to management, organizational, inate manpower
pended by the Federal Government. personnel, and major programmatic areas. of used and engineering and wr
This compares with Federal -expendi- While the high quality of the weapons now scientific being unnec coordinated uspdgrams operated or spon-
fiscal for research and development for systems resulting from these programs gives
fiscal years 1961-62 totaled $9 billion constant evidence of successful accomplish- sored by the,Federal Government.
annually, and the proposed budget esti- ment, the report of the task force subcom- For the information of the Congress,
mate for fiscal 1963 of approximately $12 mittee has revealed areas where signifi- I ask that there be printed in the REC-
billion, or five times the Federal ex- cant improvement can be made and economy ORD at this point a title summary of
realized. hearing and reports of the Senate Com-
penditures for fiscal year 1956. Operations which
The Hoover Commission in its report The Hoover Commission subcommittee mister have on direct application t Operations the which
stated: report on research activities emphasized hin the bill.
This organization of research and devel- the importance of Federalresearch and lation ve proposed direct
opment in the Government is the largest in- development programs, and stated: The PRESIDING OFFICER. The bill
tegrated scientific and technical endeavor A detailed examination of the activities, by will be received and appropriately re-
that any nation has ever attempted. The location would be a task of major propor- ferred; and, without objection, the sum-
program in the departments reach through tions. mary may be printed in the RECORD.
the realm of abstract science, the evolution And concluded: The bill (S. 2771) for the establish-
of scientific discovery into inventions and nce and
improvements. In the military departments It would be necessary to assemble a large meTeet nt of o a y, Commiommiussionon o on Sccienee and by . the development of inventions and improve- group of experienced scientists - and engi-
ments in weapons extends into the test of neers, including experts from almost every LAN (for himself and Senators HUM-
these improvements; the standardization of sector of science and technology. PHREY and MUNDT), was received, read
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 1962 Approved For Re gAI8/RilL a-ESRl)4BO( pp RTE 400070009-6 1159
twice by its title, and referred to the lems and opportunities of .central registra. EXECUTIVE MESSAGES REFERRED
Committee on Government Operations. tion of research projects in science and
The summary is as follows: engineering, April 17, 1961. The PRESIDING OFFICER laid be-
SCIENCE AND TECHNOLOGY-HEARINGS, RE- Committee print: "Coordination of Infor- fore the Senate messages from the Presi-
PORTS ON LEGISLATION, SPECIAL REPORTS mation on Current Federal Research and De- dent of the United States submitting
AND PUBLICATIONS-COMMITTEE ON GOV- velopment Projects in the Field of Elec- sundry nominations, which were referred
ERNMENT OPERATIONS tronics." An analysis of agency systems for to the appropriate committees.
storage and retrieval of data on on-going (For nominations this day received,
Hearings on S. 3126: To create a Depart- work and of views of private companies on ff
ment of Science and Technology; (to create indexing and communication problems, Sep- ! see the -end of Senate proceedings.)
Standing Committees on Science and Tech- tember 20, 1961. l
nology in the Congress) ; to establish Na- Hearings on Federal budgeting for research
tional Institutes of Scientific Research; to and development. Agency coordination EXECUTIVE REPORTS OF
authorize a program of Federal loans and study. Part I. The Department of Defense COMMITTEES
loan insurancphysical fcollege or university edu- and the National Aeronautics and Space Ad- The following favorable reports of
cation in the or biological sciences, ministration, July 26 and 27, 1961.
mathematics, or engineering; to authorize nominations were submitted:
the establishment of scientific programs and Hearings development, Agency coordination By Mr. FULBRIGHT, from the Committee
outside of the Unite( States; and for other study. Part II. Problems of diverse agen- on Foreign Relations:
purposes-Science and Technology Act of cies and of a Government-wide nature, July Adlai E. Stevenson, of Illinois, Francis
1958, part 1, May 2, 6, and 7, 1958. 26 and 27, 1961. T. P. Plimpton, of New York, Charles W.
Hearings on S. 3126: Expansion of Fed- Yost, of New York, Philip M. Klutznick, of
eral program for coordination of scientific Mr. MCCLELLAN. Mr. President, I Illinois, and Jonathan B. Bingham, of New
information and documentation, title I, and ask unanimous consent that the bill York, to be Representatives of the United
on S. 4039, to authorize the expenditure of may remain on the desk until the con- States of America to the 16th session of the
funds through grants for support of scien- General Assembly of the United Nations;
tific research (title II of S. 3126), Science elusion of business next Monday, to give John M. Steeves, of the District of Co-
and Technology Act of 1958, part 2, June opportunity to Senators who may de- lumbia, a Foreign Service officer of the class
25 and 26, 1958. sire to do so to add their names as of career minister, to be Ambassador Extraor-
S. Rept. No. 2044 (on S. 4039) :, To author- cosponsors 'of the measure. Binary and Plenipotentiary to Afghanistan;
Ize the expenditure of funds through grants The PRESIDING OFFICER (Mr. C. Allan Stewart, of Arizona, a Foreign
for support of scientific research, July 30, YouNG of Ohio in the chair). Without Service officer of class 1, to be Ambassador
1958. Public Law 934, September 6, 1958. objection, it is so ordered. Extraordinary and Plenipotentiary to Ven-
Committee print; Report on development Mr. HUMPHREY. Mr. President, I ezuela;
of scientific, engineering, and other pro- Robert McClintock, of California, a Foreign
fessional manpower (with emphasis on the commend the Chairman of the Com- Service officer of class 1, to be Ambassador
role of the Federal Government). (Prepared mittee on Government Operations, with Extraordinary and Plenipotentiary to Argen-
by the Legislative Reference Service, Library whom I have been privileged to serve on tina;
of Congress, April 1957), February 13, 1958. that committee almost every day and William S. Gaud, of Connecticut, to be
(Quattlebaum report.) week since I have been in Congress. The Assistant Administrator for the Near East
S. Doc. No. 90: Science and Technology subject of a scientific and technological and South Asia, Agency for International
Act of 1968. Analysis and summary pre- Government Development;
pared by the staff of the Senate Committee information service in our and the recruitment of Edmond C. Hutchinson, of Maryland, to
on Government Operations on S. 3126, to personnel is be Assistant Administrator for Africa and
create a Department of Science and Tech- one that has long occupied the attention Europe, Agency for International Develop-
nology; (to create Standing Committees on of the Subcommittee on Reorganization, ment;
Science and Technology in the Congress); of which I have been chairman for a Seymour J. Janow, of California, to be
to establish National Institutes of Scientific number of years. The reports of the Assistant Administrator for the Far East,
Research; to authorize a program of Federal Committee on Government Operations Agency for International Development; and
loans and loan insurance for college or uni- that are referred too are the result of Teodoro Moscoso, of Puerto Rico, to be
versity education in the physical or biologi- Assistant Administrator for Latin America,
cal sciences, mathematics, or engineering; hearings which have been held by the Agency for International Development.
to authorize the establishment of scientific full committee and the subcommittee. By Mr. EASTLAND, from the Committee on
programs outside of the United States; and The proposed commission is needed. It the Judiciary:
for other purposes, April 17, 1958. (Com- was needed 2 years ago, I believe. Now Walter Pettus Gewin, of Alabama, to be
mittee print of same published February with the sponsorship of the distinguished U.S. circuit judge, fifth circuit;
13, 1958.) chairman of the committee, I am sure it Clarence W. Allgood, of Alabama, to be
Hearings on S. 676: To create a Department will be established. I am very pleased U.S. district judge for the northern district
of Science and Technology, and to transfer to join the chairman of the committee of Alabama;
certain agencies and functions to such De- in the cosponsorship of'his proposal. I Griffin B. Bell, of Georgia, to be U.S. eir-
partment; and on S. 586,_ to establish a U.S. cult judge, fifth circuit;
Department of Science and to prescribe the assure him of my wholehearted Co- Nathan S. Heffernan, of Wisconsin, to
functions thereof, part 1, April 16-17, 1959. operation to get the bill through any be U.S. attorney for the western district
On,S. 626, S. 586, and S. 1851: for the estab- subcommittee to which it may be $e- of Wisconsin;
lishment of a Commission on a Department ferred, and also through the full Clinton N. Ashmore, of Florida, to be
of Science and Technology, part 2, May 28, committee. U.S. attorney for the northern district of
1959. Mr. MCCLELLAN. Mr. President, I Florida;
Senate Report No. 408 (on S. 1861): Estab- John M. Imel, of Oklahoma, to be U
lishment of a Commission on a Department thank my distinguished friend from attorney for the northern district of
of
of Science and Technology, June 18, 1959. Minnesota. I know of his keen and in- Oklahoma;
Senate Report No. 2498: "Progress Report tense interest in this subject matter. I Joseph W. Keene, of Louisiana, to be U.S.
on Science Programs of the Federal Govern- know that he recognizes, as do many of marshal for the western district of
merit," September 9, 1968. us, the need for legislation in this field Louisiana;
Senate Report No. 120: Science programs- and for a competent and thorough study Richard J. Jarboe, of Indiana, to be U.S.
86th Congress, March 23, 1959. of ways and means by which we can CO- marshal for the southern district of In-
diana; and
Senate Report No. 113, 86th Congress: ordinate scientific and technological in- Raymond F. Farrell, of Rhode Island, to
Documentation, Indexing and Retrieval of formation. I anticipate that during this be Commissioner of Immigration and
Scientific Information. A study of Federal session of Congress, and I hope at an Naturalization.
and non-'c-'eral science information proc- early date, the committee will hold hear- By Mr. McCLELLAN, from the Committee
essing and retrieval programs, June 23, 1960. ings on the measure and possibly report on the Judiciary:
(Committee print of same, May 24, 1960.) it for action before this session of Con- Robert D. Smith, Jr., of Arkansas, to be
Senate Document No. 15, 87th Congress: U.S. attorney for the eastern district of
lDomimrfn.fl , T-4-1-- e.' --a.._-, ores adjourns.
oaauuiia w aeuatie Charles M. Conway, of Arkansas, to be
Document No. 113 of the 86th Congress, DIRECTOR OF CENTRAL U.S. attorney for the western district of
March 9, 1961. Arkansas.
SUBCOMMITTEE ON REORGANIZATION INTELLIGENCE
y HART, from the Committee on the
Committee print: "Coordination of IriPpr-
The Senate resumed the consideration judiciary:
mation on Current Scientific Research. and of the nomination of John A. McCone, of Talbot Smith, of Michigan, to be U.S. dis-
Developifi.ent Supported by the U.S. Govern- California, to be Director of Central In- trict judge for the eastern district of
ment." Administrative and scientific prob- telligence. Michigan.
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 1160
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By Mr. BYRD of Virginia, from the Com- Senator SaIrrH. Who recommended you However, the Constitution prescribes
mittee on Finance: for the appointment? certain duties for every Member of the
James Allan heed, of Massachusetts, to be Mr. McCONE. I do not know. U.S. Senate. Among those duties is to
an Assistant Secretary of the Treasury; Senator SMITH. Who besides the President advise and consent to the nominations
Ben David Dorfman, of the District of talked with you about taking the position? of officers of the Federal Government
Columbia, to be a member of the U.S. Tariff Mr. r SM. No one. when such officers are prescribed by law
Commission Senator SMITH. Was there not some ques-
Eugene V .'Atkinson, of Pennsylvania, to be tion in your own mind about your qualifi- to be subject to the advice and consent
collector of customs for customs collection cations? clause of the Constitution.
district No. 12, with headquarters at Pitts- Mr. MCCONE. A very serious one. This office is of greater importance, in
burgh, Pa.; Senator SMITH. Did you not raise such a my view, than any other office upon
Minnie M. Zoller, of Texas, to be collector question with the President and others with whose nomination the Senate is required
of ' customs for customs collection dis- whom you talked? to advise and consent. This is not mere-
trict No. 21, with headquarters at Port Mr. McCoNE.-I raised it in my own con-
Arthur, ly my opinion. This opinion is widely
Tex.; science, naturally; with my wife. Yes: shared.
Sam D. W. Low, of Texas, to be collector Senator SMITH. But not with the Presi-
of customs for customs collection district dent? Indeed, the distinguished chairman of
No. 22, with headquarters at Galveston, Tex.; Mr. McCoNE. No; I did not raise it with the Senate Armed Services Committee,
Charles H. Kazen, of Texas, to be collector the President. - the able and highly experienced senior
of customs for customs collection district Senator from G[Mr. RICHARD
No. 23, with headquarters at Laredo, Tex.; Mr. JAVITS. Mr. President, I invite Senator from Georgia or hearings w CH he
William W. Knight, of Alaska, to be col- attention to the fact that the Senator
lector of customs for customs collection dis- from Minnesota [Mr. MCCARTHY] who conducted on Mr. McCone's nomination,
trict No. 31, with headquarters at Juneau, is in a sense leading the opposition to by stating:
Alaska; - the confirmation of the nomination of In this period through which we are pass-
Samuel S. Wyatt, of Tennessee, to be Mr. McCone, is the author of a resolu- ing, this office is perhaps second only to the
collector of customs for customs collection tion to establish a Joint Committee on Presidency in its importance.
district No. 43, with headquarters at Mem-
phis, Tenn.; Foreign Information and Intelligence, The able and distinguished chairman
John A. Vaccaro, of New York, to be of which I am -a cosponsor. of the Armed Services Committee not
surveyor of customs in customs collection I advance the view, Mr. President, only opened the hearings with that state-
district No. 10, with headquarters at New because of the way I intend to vote ment-that "In this period this office is
York, N.Y.; on the nomination, that the manner in perhaps second only to the Presidency in
Andrew M. Bacon, of Louisiana, to be which to deal with any danger that the its importance," but he reiterated that
comptroller of customs, with headquarters CIA may be in itself some kind of a opinion later in the hearing-on page
at New Orleans, La.; and Craig Pottinger, of Arizona, to be collector State Department, which I thoroughly 30-and this time without the "perhaps"
of customs for customs collection district oppose, is indicated by Senator Mc- and without the qualifying clause:
No. 26, with headquarters at Nogales, Ariz. Carthy's bill. I think the CIA must be In this period through which we are pass-
subordinate to the foreign policy of the ing-
Mrs. SMITH of Maine. Mr. President, United States and that its duty is to
I shall vote against confirmation of the obtain and to evaluate intelligence in- - In my opinion-said Senator RussELL
appointment of John A. McCone to be formation-period; and that goes for its again-
Director of Central Intelligence. I shall operatives in the field as well as its op- this position in many respects issecond in
do so because I do not consider him eratives at home. It is not necessary importance only to the President.
qualified for this very important posi- to deny a man confirmation of his nom- Senator RUSSELL is quite right. No
tion, because: ination on that score, but instead it is position in the Federal Government is
First. He had no training or experi- necessary to have an assurance by legis- fraught with so much power for good or
ence in the field of intelligence prior lative oversight in the -Congress that we ill and involves such great responsibility.
to his appointment-while all of his intend to make our purpose felt who- This is particularly the case as it is the
predecessors had. - ever may be the incumbent in the office only position in the Federal Government
-Second. A very serious question existed as the head of the CIA. which is subject to no supervision or
in his own mind about his qualifications; The way to accomplish - our purpose l body. In
one by case any acongressional historic and
yet he did -not raise this question with is to see that what we want gets done control
the President of the United States. in terms of the ultimate purpose, and this one system alone o checks and balances
These disturbing facts are recorded Senator McCarthy's bill gives us this essential
does not operate.
on -page 53 of the hearing record on opportunity. - Now, i will be said that John A. Mc-
Me-
his nomination, and by his own very Mr. GRUENING. Mr. President, it is a
terse. and unequivocal answers to the source of regret to me that I feel obliged Cone has twice been confirmed before to
questions I asked of him on these points. to express a serious doubt as to the wis- positions to which he was nominated by
Mr. -President, I ask unanimous con- dom of a Presidential nomination. I re- other Presidents of the United States.
sent to have printed at this point in the fer to the nomination of Mr. John A. That is true. He served as Undersecre-
RECORD, as a part of my remarks, the McCone for the supremely important tary of the Air Force, and he served as
portion of - page 53 of the committee post of Director of Central Intelligence. chairman of the Atomic Energy Com-
hearing to which I have referred. It is not pleasant for me to question mission. And I do not question for a
There being no objection, the excerpt the judgment of the President of the moment the ability of his service in those
from the hearing was ordered t0 be United States. Particularly, it is not fields, or the wisdom of the appointments
printed in the RECORD, as follows: pleasant when one happens to be, as i made by two previous Presidents of Mr.
Will you tell the committee what training am, a great admirer of President John McCone to those two important offices,
or experience you had in the field of intelli- F. Kennedy. It is not pleasant for one- and the wisdom of the Senate in con-
gence prior to your appointment to that who wishes, as I do, whenever possible, firming him unanimously for each of
position? to follow where he leads and to support those positions.
Mr. MCCONE. None.
Senator SmrrH. In view of your lack of his program wherever possible with The Central Intelligence Agency, how-
training experience raining and expin the field of in- vigor and enthusiasm. For John F. Ken- ever, is entirely different. In the slightly
telligence, you are unique, 'are you not, in nedy is not only our President, the leader more than a year which has passed since
comparison with all of your predecessors? of our Nation, but the leader of the Dem- John F. Kennedy took office, his other-
Mr. MCCONE. I do not know that because ocratic Party, to which I belong. So it is wise brilliant record, his dynamic record,
I do not know the experience of my prede- natural that -I should support him and his record of high purpose and appro-
Cessors. his policies whenever I can do so, when- priate action, has been marred by two
Senator SMITH. What then makes you feel ever I can reconcile his position and his
be the Director of the Central I is failures. They are failures which may
that you are suitably and adequately quail- policies with my conscience, beliefs and be ascribed to faulty intelligence. There
-
genca Agency cy when you have had no.exa experi- judgments. He has already demon- _ was first the Cuban fiasco. Mr. Presi-
ence or training in the field of intelligence? strated, in my view, that he is a great dent, it is impossible to exaggerate the
Mr. McCoNE. I think, Senator, that that President, and I have had occasion to ddamage the amage, the tragic and unrelenting ding
was a question decided by others than I. say soon this floor.
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sequences of that failure. It has already
changed the history not only of our
country, and the history of this hemi-
sphere, but the history of the world. The
full consequences of the fatal error com-
mitted on the basis of faulty intelligence
are going to haunt us and the free world
for years to come-perhaps for all time.
It may truthfully be said that when the
United States subscribed to the launch-
ing of the ill-fated attempt to replace
Castro with a regime that would repre-
sent freedom and democracy and restore
Cuba to a regime of liberty and of human
dignity, the action was based on the mis-
information that the people of Cuba
would rise, help depose their dictator,
and welcome the returning Cubans who
had been the victims of his savage
tyranny, his communistic ideology, and
his ruthless destruction of all freedoms.
Had the information "given to President
Kennedy been correct, one of two alter-
native courses could have and would
have been followed. First, to halt and
cancel the invasion attempt. Or, second,
to support the invasion in such a way,
with our armed might, that it would have
been bound to succeed. I am not pre-
pared to say which of these two courses
we should have followed, but obviously
it would have been one or the other.
A second.failure of intelligence came
in the Berlin crisis. Although we have
been living with the Berlin situation for
17 years and all kinds of information had
been handed the administration by the
CIA, the one course of action which the
Russians followed, namely, to seal off
East Berlin, was, not anticipated.
It caught us completely unprepared
and flatfooted. Had our Intelligence
Agency informed our Government that
the barbed wire fence would be erected
and then backed by a wall, it would have
been possible to arrive at a course of ac-
tion which would have nullified that
Communist victory. But that informa-
tion was not forthcoming.
The result was another major defeat
based on faulty intelligence.
Now, why then is it pertinent, in my
view, that the appointment of Mr. Mc-
Cone is unwise and inadequate to meet
the grave situation which our country
confronts throughout the world?
In the hearings which were conducted
in one day by the Armed Services Com-
mittee of the Senate, the Senatorial
questioning seemed to fall into two cate-
gories. Some of our colleagues, im-
pressed obviously by Mr. McCone's pre-
vious record, the excellence of which I
do not question, contented themselves
with praising him highly. On the other
hand, other members of the committee
asked searching questions. Among these
was the distinguished senior Senator
from Maine, Mrs. MARGARET CHASE
SMITH. The Senator from Maine, after
pointing out that the Cuban debacle and
fiasco climaxed her very serious reser-
vations about the CIA and the way it
was being run, coupled with the fact
that the CIA enjoys a virtual immunity
from reporting to Congress on its ac-
tivities and expenditures, stated that
there was very little, if any, check placed
upon it; that, in effect, unlike any other
agency in the Federal Government, the
CIA has been given a congressional
blank check for its operations and its
administration, and that unfortunately,
under these circumstances, Congress
literally operates in the dark as to the
CIA, without reviewing its effectiveness,
its justifications, and whether it should
be revised and improved, and that in-
deed Congress operates in the dark and
only when it is too late is it possible
to learn of the faultiness and damage
done. The Senator from Maine then
asked the following question:
Will you tell the committee what train-
ing or experience you had in, the field of
intelligence prior to your appointment in
that position?
Mr. McCone replied with one word.
That word was: "None."
In other words, here you have the man
nominated to head this Agency, which is
fraught with tremendous power and re-
sponsibility, which is subject to no con-
trol or check, who admits, and quite cor-
rectly, that he has no experience what-
ever in the field of intelligence.
Mr. President, it seems to me that this,
in itself, should disqualify Mr. McCone
for this post. As I said previously, the
abilities and qualifications of Mr. Me-
Cone as Undersecretary of the Air Force
and as Chairman of the Atomic Energy
Commission, in which no question of his
ability arises, have only a remote
pertinence to his qualifications for this
far more important responsibility.
The Director of Central Intelligence
can, in effect, make policy-national
policy and international policy. The
CIA can, as the CIA has in the past year,
disastrously affect the security of the
United States, for the head of the CIA
not merely heads a vast Agency.which
collects information, but it also evaluates
information. Within 1 year we have
had at least two conspicuous and tragic
failures in evaluation.
Of course, the CIA does more than
collect information and evaluate it. It
plays a part in shaping the destiny of
other countries. It plays that part be-
cause the information which it provides
to our Government, and the evaluation
which it presents, has in the past and
may again in the future determine our
policy toward the governments of for-
eign countries. It may result, as it has
resulted in the past, in withdrawing or
granting recognitipn to a regime in that
country. It has in the past, and will
again, determine actions we take-
political actions and economic actions.
It may again bring us to the brink of
disaster.
. How qualified is Mr. McCone, with no
experience whatever, to be the head of
this vast network and to keep the Presi-
dent informed?
We have in the RECORD what seems to
me to be a somewhat pertinent revelation
of some of Mr. McCone's mental proc-
esses. Back in October 1956, in the clos-
ing days of the presidential campaign, a
group of 10 scientists on the faculty of
the California Institute of Technology
issued a statement calling attention to
Adlai Stevenson's suggestion, which he
had made in the course of the campaign,
that atomic testing should be suspended.
It may be recalled-that this suggestion,
of Governor Stevenson's was deplored by
President Eisenhower, who felt it should
1161
not have been introduced as a campaign
issue, and by Vice President Nixon, who
referred to it as "catastrophic nonsense."
The statement of these 10 scientists was
a reasonable one. They were exercising
their rights as free citizens to express a
view pertinent to the campaign. In ad-
dition to being free citizens, they were
knowledgeable ones on the issue involved,
since they were all physicists and chem-
ists who had firsthand knowledge of the
effect of radiation following atomic
bomb explosions. Mr. McCone, who was
a trustee of Cal Tech and was cam-
paigning vigorously for the reelection of
President Eisenhower and against Adlai
Stevenson, exploded with wrath at this
statement and wrote a caustic letter to
Dr. Thomas Lauritsen, professor of
physics at the California Institute of
Technology, and made his indignation
known to the president of that institu-
tion and to fellow members of the board.
These two letters appear on pages 23,
24, 25, and 26 of the hearings, and they
speak for themselves, and I ask unani-
mous consent that they be printed at
this point in the RECORD.
There being no objection, the letters
were ordered to be printed in the
RECORD, as follows:
STATEMENT OF 10 SCIENTISTS ON ATOMIC
TESTING PUBLISHED IN Los ANGELES TIMES,
OCTOBER 15, 1956
For some time Gov. Adlai Stevenson has
urged that the United States take the lead
and renounce further H-bomb tests for as
long a time as other nations likewise refrain
from testing these devices. This suggestion
has been attacked as advocating a dangerous
unilateral action which would permit the
Russians to get ahead of the United States
in nuclear technology. In our opinion these
criticisms have little validity and give in-
adequate attention to the reasoning that
lies behind the proposal or to the urgency
of dealing immediately and effectively with
the peril that confronts the world as a re-
sult of the existence of the H-bomb.
Today we are caught in a nuclear arma-
ments race that threatens to engulf the
world. No end of this race is yet in sight.
Two nations have already exploded hydrogen
devices, a third will do so in a few months.
Within a short time it is likely that many
countries large and small will possess this
capability. With the commitment of more
and more national arsenals to this type of
warfare, international control becomes in-
creasingly difficult. Even in our own coun-
try our Military Establishment is becoming
more and more dependent upon nuclear
weaponry and the time will soon be upon
us when even a limited military action must
inevitably drive us into nuclear war.
Time is running out, with an implaca-
bility that we ignore at our peril. Yet after
10 years o' negotiation, the world has no
other guarantee of survival than the tenu-
ous hope that no nation will pull the trig-
ger for fear of committing national suicide.
It appears to us that Mr. Stevenson's pro-
posal might be a useful way to get the nego-
tiations out of the deadlock stage by taking
a step which would not endanger our secur-
ity, which would in no way hinder other areas
of nuclear research, which could not be de-
layed indefinitely by negotiations and which
would have a very real significance to most
nations throughout the world. At the very
least the proposal is one that should be
widely debated and discussed for the obvious
reason that the control of nuclear weapons
is vital to our survival.
Additional advantages of such a step would
be:
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1. It would decrease our exposure to radio-
active fallout and its associated dangers.
2. It might postpone the time when there
will be many nations which possess practical
H-bomb experience.
8. It would increase our prestige in West-
ern Europe and in Asia.
4. It would provide an important test of
Soviet intentions. We must remember that
on July 17 Soviet Foreign Minister Shepilov
stated that the Russians would be willing to
ban H-bomb tests if others agreed. -
President Eisenhower has stated that he
regrets that the American Government's
policy with respect to the testing of large-
scale nuclear weapons has been made an
issue in this campaign. -On the contrarywe
find it regrettable that discussions of our
military strength, of our vulnerability, and
of our foreign policy in relation to H-bombs
have thus far represented such a small pro-
portion of current political discussions. We
must realize that time is running out-that
our actions and inactions during the next 4
years may well determine whether our people,
our Nation, our civilization live or die.
Our people must not be shielded by their
Government from the grim realities that
confront us. They must realize how destruc-
tive H-bomb explosions really can be. They
must realize how easily these devices can be
made by other nations. They must realize
in full the dangers of radioactive fallout.
They must appreciate our vulnerability to
ordinary air attack with atomic bombs, let
alone to the approaching - intercontinental
missiles. They must realize all . of these
things if these problems are to be solved in
time.
We believe that the free and open discus-
sion of proposals such as that, which has
been raised by Mr. Stevenson are essential
if we are to extricate ourselves from the
vicious circle in which we now find ourselves.
Signers: Dr. Thomas Lauritsen, professor
of physics, California Institute of Tech-
nology; Dr. Matthew Sands, associate profes-
sor of physics, California Institute of Tech-
nology; Carl D. Anderson, professor of
physics, Nobel Laureate in Physics 1934,
member of the National Academy of Sci-
ences; Harrison Brown, professor of geo-
chemistry, member of the National Academy
of -Sciences, formerly assistant director of
chemistry, plutonium project, Oak Ridge,
Tenn.; Robert F. McChristy, professor of
theoretical physics, formerly physicist, Los
Alamos, N. Mex.; Jesse W. M. DuMonde, pro-
fessor of physics, member of the National
Academy of Sciences, during war physicist
with OSRD, Air Force, and Navy; Robert V.
Langmuir, associate professor of electrical
engineering, major field high energy accel-
erators, physicist with OSRD during war;
Charles R. McKinney, senior research fellow
In geochemistry, CTT, -physicist at Oak
Ridge during war, formerly chief engineer
of - 100 mev betatron at University of Chi-
cago; John M. Teem, research fellow In
physics; Robert L. Walker, associate -profes-
sor of physics, formerly physicist, Los
Alamos.
OCTQsER 15, 1956.
Dr. THOMAS LAVRTTSEN,
California Institute of Technology,
Pasadena, Calif.
DAR Da. LAusrrsEN: This morning I read
with amazement your statement. it
seemed to me the arguments you use con-
cerning renouncing the H-bomb tests are
without validity. Indeed, your arguments
completely support the position of Presi-
dent Eisenhower and his administration that
experimentation and tests must continue
until a system of international control is
developed.
You mention Foreign Minister Shepilov's
statement of July 17, suggesting abandoning
of bomb tests; but what you fail to men-
tion is that on almost the day Mr. Shepilov
made the statement the Russians were
conducting nuclear tests in the interior of
-Siberia.
You, Dr. Lauritsen, and your associates
know the leadtime required to conduct a
test. You know that almost a year must
transpire from the time the test is decided
upon until it is made. This year is con- ,
sumed in planning, assembling material and
construction, and, finally, in the transporta-
tion of the device to be tested. Now, if
we make a unilateral decision of a type you
and your associates advocate and then Mr.
Shepilov does as he did last July-turns
around and sets off a few hydrogen bombs
in their own testing ground-where do we
stand? The answer is simple. We have lost
a year; we are behind in the race; all of the
dangers which you enumerate in your press
release have been multiplied; valuable time
has been lost; a reckless decision has been
taken, and the security of America placed in
jeopardy because of it.
You point out that we are caught in a
nuclear armament race, that time is run-
ning out and that nothing is being done
to arrest the competition in this field be-
tween nations. You know that President
Eisenhower. went to Geneva in an effort
to solve the disarmament question. You
know that Secretary Dulles has met repeat-
edly with the foreign ministers of other
countries, including Russia, in attempting
to find a reasonable answer to the disarma-
ment' problem. You know that the United
Nations has had its committees on disarma-
ment in almost continuous session during
recent years. You know that President
Eisenhower placed Mr. Stassen in his Cabi-
net and assigned him exclusively to the
task of finding an answer to the disarmament
riddle. You know that 81 nations are now
meeting in New York furthering our Presi-
dent's' atoms-for-peace program. You know
of these actions but still you state that time
is running out and infer nothing is being
done. How do you reconcile your position
with the facts as I have outlined them?
Your statement is obviously designed to
create fear in the minds of the uninformed
that radioactive fallout. from H-bomb tests
endangers life. However, as you know, the
National Academy of Sciences has issued a
report this year completely discounting such
danger. Also you know from your close
contact with the tests that one of the im-
portant objects of them is to develop tech-
niques for reducing fallout. The tests are
to be applauded rather than criticized on
this particular ground.
Your proposition that postponement of
tests will delay the time when other nations
might possess practical H-bomb experience,
seems to have no foundation. In fact, it is an
argument that has for several years been a
prominent part of Soviet propaganda, and
you apparently have been taken in by this
propaganda. No nation, friendly or -un-
friendly, has so much as hinted that our tests
are stimulating their work or, on the con-
trary, that a unilateral decision on our part
to abandon tests would cause them to de-
crease their emphasis on bomb development.
As far as our prestige in Western Europe is
concerned, I have spent much more time in
Europe during the past 2 years than you
have and have been in touch with the civilian
or military officials of practically all Western
Europe governments, and I can tell you from
personal knowledge that our conduct of
+o.+Q H-hnmh or other nuclear devices, is
Wilson dealt with it last night on TV.
Secretary Dulles has discussed the danger
time and time again. Mr. Peterson of the
Office of Civilian Defense has criss-crossed
the country for 4 years warning of the very
dangers of which you speak. Vice President
Nixon has discussed the subject in Los
Angeles and elsewhere in the United States
on many occasions. The country has been
advised time and time again, that others have
developed the H-bomb and the A-bomb,
that they are building up stockpiles, that
they have aircraft to deliver them. Our peo-
ple have been repeatedly warned of the
dangers-not shielded from the facts as you
infer.
Surely the unilateral abandoning of the
very tests which are an essential part of any
development of this type does not improve
the very situation that seems to worry you.
On the contrary, it gives, the advantage to
our adversary and greatly increases rather
than decreases the danger of America and
the security of our people.
A unilateral decision of the type you rec-
ommend might be fatal to our country. It
might easily lose for us the precious tech-
nical advantage we now hold. Think of the
desperate circumstance we would find our-
selves in today had we followed the advice of
one scientist, Dr. Robert Oppenheimer, a few
years ago and abandoned the development of
the H-bomb. Democrats and Republicans
alike at that time saw the folly of such
thinking. -I am sure the more thoughtful
members of both parties will see the extreme
hazards to our national security in the course
you recommend and advocate.
I-stand steadfastly behind a policy of dis-
armament when we reach agreement with
other nations for a safe and proper proce-
dure of inspection so that we Americans will
be sure that, as we take our guard down
through agreement with Russia, we will have
no defense. This President Eisenhower has
advocated time and again. It continues to
be his policy; and you, unfortunately, have
completely distorted his position in your
press release.
Yours very truly,
JOHN A. MCCONE.
Mr. GRUENING. Mr. President, It
will be noted that in comparing the text
of these letters, Mr. MeCone charges the
scientists with advocating the unilateral
abandoning of the H-bomb and A-bomb
tests. He says:
A unilateral decision of the type you
recommend might be fatal to our country.
I find nothing in the letter of the
scientists which recommends unilateral
abandonment. All it does is to recom-
mend action along the lines advocated
by Adlai Stevenson, which indicated
clearly that unless other nations fol-
lowed our lead in abandoning atomic
-bomb testing, we would be free to resume
testing.
In the course of his letter, Mr. Mc-
Cone said:
Your statement is obviously designed to
create fear in the minds of the uninformed
that radiation fallout from H-bomb tests
endangers life. However, as you know, the
National Academy of Sciences has issued
a report this year completely discounting
this danger.,
Europe.
You infer that our Government shields our
people from the realities of the dangers which
making a flat statement which scarcely
will stand up; yet he is the man who is
going to be the interpreter of the vast
confront us. This impression is false. Presi- amount of information which is col-
dent Eisenhower has repeatedly warned us of lected by his staff. Mr. McCone'S in-
Quarles these dealt. with h the Secretary question thestion at Air Force length dignation at the statement of these
in addressing the World Affairs Council in scientists is not fully dislosed by the
Los Angeles on last Wednesday. Secretary hearings, but he made no 'secret of the
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 1962 Approved For ROION&256SIQftL. 0400070009-6 1163
fact of his great perturbation, and dis-
cussed it with the President of Cal Tech,
Lee Dubridge, and some of his fellow
trustees.
The fact is that Mr. McCone's evalua-
tion of the letter of the scientists, as
shown by his reply to Mr. Lauritsen, in
my judgment raises a serious doubt
about his objectivity as an evaluator,
which will be one of his major functions,
if not his major function as Director of
Central Intelligence.
If we go back to the statement of
Adlal Stevenson, made in a speech to the
American Society of Newspaper Editors
on April 21, 1,956, he proposed that we
cease atomic testing and urge other na-
tions to follow our example. If they
did not do so, we reserved the right to
change our policy.
Well, is not that precisely what was
subsequently done, or was tried, by the
United States? Yet, Mr. McCone de-
nounced these scientists violently, show-
ing a passion which certainly does not
reveal the degree of objectivity which
should be so essential in the evaluation of
reports which will come in from all over
the world. With his views so definitely
known, how objective can we assume
will be the reports of his vast staff?
I need not elaborate this point fur-
ther at this time; but to me it indicates
that there is a good deal of question
how valid Mr. McCone's judgment has
been in the past and may be in the fu-
ture.
Indeed, Mr. McCone's subsequent tes-
timony, under cross-questioning, re-
veals how mistaken his violent indigna-
tion at these scientists proved to be.
My colleague, Senator BARTiETT, a mem-
ber of the Committee on Armed Serv-
ices, also asked some searching ques-
tions.
Referring to Mr. McCone's statement
in his letter to the scientists that "the
National Academy of Sciences had is-
sued a report completely discounting
such danger," Senator BARTLETT said:
And such danger has to do with the radio-
active fallout from H-bomb tests.
Do you know-
Senator BARTLETT continued-
if the National Academy of Sciences has
changed its views -relating to this since
then?
Mr. McCone. replied:
I do not know of any official statement.
They put out a report in the spring of 1958
that dealt with the question of the genetic
and other effects from radioactive fallout
resulting from reference to testing, and, as
I recall the report, it tended to minimize
the effects at the level of radiation, at the
then existing level of radiation or the level
to be expected from the tests that had taken
place or might be expected if tests were
continud at about that level.
Senator BARTLETT. That is, only the tests?
Mr. McCoNE. It relates only to tests, yes,
as I recall it.
Now bear in mind:
Senator BARTLETT. Five years ago, I un-
derstand.
Mr. McCONE. Of course, this subject has
been reviewed and reviewed many times,
as Senator JACKSON knows, and there are
wide differences of opinion among scientists,
and. sincere differences of opinion, concern-
ing the effects of radioactive fallout.
Senator BARTLETT. But there is no dif-
ference of opinion, is there, among scientists
as to the dangers that would be inherent
in radioactive fallout in case one of these
bombs was to be dropped on any nation?
Mr. McCONE. No I think there is pretty
general agreement that there will result
an area of intense radioactivity which would
be lethal and the extent of that area is
dependent upon the atmospheric conditions
and the wind and all the rest.
But there is no difference of opinion
among scientists as to the fact that there
would be serious radioactive consequences
from an atomic exchange.
Thus, Mr. McCone admitted that there
are wide differences of opinion among
scientists and sincere differences of
opinion, concerning the effects of radio-
active fallout, the very fact about which
he had castigated the ten scientists.
I wonder how valuable the evaluation
of complicated and complex information
from all over the world would be by a
man who violently denounces a group
of scholars for merely calling attention
to and discussing the question of the
dam'ege from atomic fallout, on which
he presumably was expert, and then,
under cross-examinatiton, is compelled
to admit that his original castigation
merely presented another point of view
on a question on which, he admitted,
scientists had sincere differences of
opinion.
Finally, there is also the serious ques-
tion of conflict of interest, which has
been raised by others in the course of
the debate. The past involvement of
Mr. McCone in financial affairs on an
international scale cannot be freed from
the question as to whether it will not
influence his judgments in the future.
Here it is pertinent to conclude with
the statement of President Kennedy
himself on the conflict of interest:
No responsibility of government is more-
fundamental than the responsibility of
maintaining the highest standards of ethi-
cal behavior by those who conduct the pub-
lic's business. There can be no descent from
the principle that all officials must act with
unwavering integrity, absolute impartiality,
and complete devotion to the public interest.
This principle must be followed, not only in
reality, but in appearance, for the basis of
effective government is -public confidence,
and that confidence is endangered when
ethical standards falter or appear to falter.
As President Kennedy so truly says,
this principle must be followed not only
in reality, but in appearance, for the
basis of effective government is public
confidence, and that confidence is en-
dangered when ethical standards falter
or appear to falter.
Nothing that I have said reflects, or is
intended to reflect, in any way on the
executive ability, integrity and patriot-
ism, as well as devotion of Mr. McCone.
Were he being appointed to a high excu-
tive position in the armed services, I
would have no hesitation in consenting
to his nomination. But in these circum-
stances, for reasons heretofore stated, I
feel regretfully compelled to vote in op-
position.
Mr. BUSH. Mr. President, I rise in
support of confirmation of the nomina-
tion of John A. McCone.
Before I make my own comments on
the nomination, I wish to read a state-
ment by the Senator from Kentucky
[Mr. COOPER] in connection with this
matter. His statement is self-explana-
tory, and reads as follows:
STATEMENT OF SENATOR JOHN SHERMAN
COOPER
Almost a year ago I made a commitment
which makes it impossible for me to be
in Washington today, at this time when the
nomination of the Honorable John A. Mc-
Cone to be Director of the Central Intelli-
gence Agency is to be considered by the
Senate.
While I have no doubt that his nomination
will be confirmed overwhelmingly by the
Senate, I regret very much that I will not
be present, because I support his nomination
strongly and would like to be present to cast
my vote for confirmation.
His long and distinguished record in the
service of the United States attests, more
clearly than anything I can say, his ability
to serve as Director of the very important
Central Intelligence Agency. Twice the
Senate has approved him-when he was
nominated by President Truman to be Assist-
ant Secretary of the Air Force, and when he
was nominated by President Eisenhower to
be Chairman of the Atomic Energy Commis-
sion.
I have known Mr. McCone for 12 years.
From his record of service and from my own
observation, I know of his exceptional ability
as an administrator. He has also always
been a profound student of governmental
affairs. The record proves that he has di-
rected his administrative and organizational
abilities and his powerful mind toward the
problems of the agencies with which he has
served, and always.with the purpose of mak-
ing them more effective in the service of the
United States.
He is a man of integrity and character,
and I have never known anyone whose loy-
alties are more bound to the security and
freedom of our country.
As I have said, I have no doubt that his
nomination will be overwhelmingly' con-
firmed. But I do want to express my sup-
port of him as a man and as a public servant,
and to speak of his qualities which are known
by those who have served with him and by
Members of the Senate.
So much for Senator COOPER'S state-
ment, Mr. President.
When this nomination was before the
Armed Services Committee, and hear-
ings on it were being held, I made a brief
statement myself; and at this time I
wish to read it for the RECORD of today.
It is as follows:
Mr. Chairman, I want to congratulate
President Kennedy upon this nomination. I
think it is one of the best that he has made,
and I want to congratulate Mr. McCone upon
being willing to accept this very heavy bur-
den of responsibility.
It is a heavy burden, and it requires a man
of great integrity and courage and trust-
worthiness and ability, demonstrated abil-
ity.
I know of my own knowledge of Mr. Mc-
Cone that he is the man that possesses these
qualities to a marked degree, and I take
great comfort in this nomination for that
reason.
Furthermore, I know him to be a deeply
religious man and one who understands bet-
ter than most, and I believe as well as any,
the nature -of the Communist menace with
which we are faced. So I believe, Mr. Chair-
man, that in all respects which can be rea-
sonably taken into account in connection
with this kind of an appointment, he is fully
qualified and will give a wonderful account
of himself in this new post with this great
responsibility, which he will shortly assume.
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Of course, Mr. President, this agency
is not a procurement agency. There-
fore, in connection with Mr. McCone's
nomination, there is no legal require-
ment that he divest himself of any of
his property. No-procurement-agency-
such as there , is, for instance, in the
Department of Defense and its subsidi-
ary agencies-isinvolved in this case.
In sel&cting a man for this position, as
well as for a position in one of the De-
fense agencies, the emphasis should be
placed on character, integrity, respon-
sibility, and general, proven ability.
Mr. McNamara, the very able and dis-
tinguished Secretary of Defense, had ac-
cumulated wealth in business before he
came to that post; but I believe he has
proven himself to be one of the best public
servants who has served in Washington
in many a day; and despite the fact that
he has various property as a result of
savings during his business career,
whether they be in his own name or in
his wife's name or in trust, these do not
tempt him to betray the interests of the
United States. They do not tempt him
to do that, because he is a man of char-
acter and integrity.
The President of the United States
himself is a wealthy man, and so are the
members of his family. They might be
subject topressures from selfish interests
from without; but they would not yield
the interests of their country, because
they are people of integrity and charac-
ter who would place the interests of
their country far above any such
temptations.
The Secretary of the Treasury, Mr.
Dillon, is a successful man; and I as-
sume that- probably he has accumulated
considerable wealth, for he was active in
business for many years. It is possible
that some of his many business friends
might wish he would do various things of
one kind or another which might benefit
their special interests; but certainly they
would not approach him with any such
request, because they know him to be a
man of integrity, character, and respon-
sibility. -
So, Mr. President, I think the Presi-
dent has done very well to select Mr.
McCone-because the -President knows
Mr. McCone's high character and
integrity and responsibility-to handle
this very responsible Agency, as its chief.
Again I congratulate the President on
this very high-caliber appointment; and
I hope the Senate will confirm the
nomination by an overwhelming vote.
Mr. BYRD of West Virginia. Mr.
President, the question before the Senate
has been a very difficult one for me, and
it has caused me much concern. I was
not present when Mr. John A. McCone
appeared before the Armed Services
Conmittee. I was necessarily absent
because my 82-year-old mother had to
undergo a-surgical operation in-Beckley,
W. Va., on that day, for the re-
moval of what was thought to be a
malignancy. However, I have carefully
read the printed hearings which contain
the testimony of Mr. McCone before the
Armed Services Committee.
I hold a great deal of admiration for
the nominee. I admire his courage in
taking a strong position against unilat-
eral abandonment of bomb tests. He
has exhibited great talent, and he has
proved himself to be a resourceful and
extremely capable businessman. He
does not enter his new position without
considerable experience in Washington,
and any man who is chosen by three
Presidents of the United States to serve
his Government is a man for whom we
all must have great respect. He was
appointed by President Truman to the
President's Air Policy Commission. He
served as Special Deputy to Secretary
James Forrestal. He served as Under
Secretary of the Air Force, and he was
later -a memberof Secretary Dulles' Pub-
lic Committee on Personnel. His most
recent Government service was as a
member of the Atomic Energy Commis-
sion and Chairman of that body. I am
constrained to believe that he has served
well and capably in these positions. I
regret, however, that in his appearance
before the Armed Services Committee
Mr. McCone indicated that he had had
no experience or training in the field of
intelligence prior to his appointment as
Director of the Central Intelligence
Agency. Although this in itself perhaps
would not persuade me to vote in opposi-
tion to his confirmation, it is a factor
bearing upon my decision.
It is unfortunate that one can scarcely
address himself to the subject of conflict
of interest without appearing to take the
position of accuser or prosecutor. I
speak not in derogation, however. I am
confident that Mr. McCone is an honor-
able and upright man. Moreover, I am
sure that the President, in nominating
Mr. McCone, has satisfied himself, after
careful examination, as to the qualifica-
tions of the nominee and as to any possi-
bility of conflict-of-interest. Yet, there
devolves upon the Senate a constitu-
tional duty to pass a careful and
detached and independent judgment as
to this nominee. I do not feel, therefore,
that it is any reflection upon the Presi-
dent, or indeed upon the nominee, that
we search our- own consciences and our
own hearts in dealing with the matter
before us. It is our high duty and re-
sponsibility to bring our own clear judg-
ment to bear upon the subject.
Mr. President, whether or not our con-
flict-of-interest laws are sound or un-
sound is not for our decision today. I
know that in some instances able men
from the business community are inhib-
ited and discouraged from serving in
high Government positions because of
the necessity of their divesting them-
selves of all their holdings. Such a ne-
cessity constitutes a burden and a sac-
rifice. Yet, most of us who act as public
servants sacrifice in one way or another.
While those who have huge stockhold-
ings are not forced to divest themselves
of those holdings before becoming a
Member of this body or the other body,
nevertheless, service in public office
comes at a great personal sacrifice to
some of us, or perhaps most of us. Some
sacrifice the opportunity to enlarge
their fortunes. Some sacrifice the atten-
tion, the love, and the companionship
which they should give to their children.
Some of us sacrifice our health. We all
pay a price to serve, and yet we are will-
ing to make that sacrifice because we
love to serve our Government and our
people. Consequently, I cannot be great-
ly persuaded by the arguments that are
sometimes made against the requirement
of divestment of holdings.
I realize that the 'conflict-of -interest
requirements imposed upon nominees in
the Department of Defense emanate
from the magnitude of procurement
there and, of course, the situation is _
quite different in considering the Cen-
tral Intelligence Agency. Nonetheless,
in view of the highly sensitive and vitally
important position to which Mr. McCone
is being considered today for confirma-
tion, in my opinion it is just as important
that there be no possible conflict-of-in-
terest in this instance as if he were being
considered for the position of Secretary
of Defense.
Mr. McCone, by his own admission be-
fore the Armed Services Committee, tes-
tified that he holds a little more than
$1 million worth of stock in -Standard
Oil of California. He referred also to
extensive holdings in various other
large companies, which include the Se-
quoia Corp., Trans-World Carriers, San
Marino Corp., and the Joshua Hendy
Corp. - Standard Oil of California has
extensive, reserves in Arabia and-Suma-
tra and Venezuela and elsewhere, and
the vessels in the shipping enterprises in
which Mr. McCone is interested are en-
gaged in carrying oil for Standard of
California.
I think it is a matter of common
knowledge that American oil companies
are concerned with and involved in the
politics of the Middle East and the poli-
tics of Central and -South -America. The
Central Intelligence Agency is similarly
embroiled in the politics of the Middle
East and Central and South America.
Mr. McCone indicated, in the course of
the hearings before the Armed Services
Committee, that Standard Oil of Cali-
fornia is a member of the Arabian-
American Oil Co. In the hearings, Sen-
ator BARTLETT asked the following ques-
tion of Mr. McCone:
And, of course, all of us have heard that -
this company, operating in the Middle East,
has at various times intervened or partici-
pated or interferred, whatever word should
properly be applied, in the operations of
governments in those - areas and, so far as
I know, these are merely allegations, but they
have been printed and discussed. Would you -
have any comment to make upon that
situation?
To this questions, Mr. McCone replied
thusly :
No, I would have no comment because I
have not personally read or heard of those
allegations. In my trips to the Middle-East,
I have observed that the Aramco people han-
dled their relationship with the Governments
of Arabia and Bahrein Island in a very satis-
factory way, so reported to me. I don't
know of any interference.
Mr. President, I am not satisfied with
this reply to Senator BARTLETT's ques-
tion, As to Mr. McCone's having di-
vested himself of his holdings at the time
he became a member of the Atomic
Energy Commission, I think this was
entirely proper. I am pleased to note
that he has indicated a willingness to
establish an irrevocable trust again, but,
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in my mind, this would not be an en-
tirely satisfactory solution, because he
and his family would continue to have
an economic and beneficial interest in
the holdings. The fact remains that he
has not divested himself of these stock-
holdings and, as a matter of fact, he has
indicated that he does not believe that
the situation which made it advisable
for him.to take this action at the time
of his appointment to the Atomic Energy
Commission exists in connection with
the office of Director of the CIA. Sec-
retary of Defense McNamara, on the
other hand, was required to divest him-
self of his stockholdings, and it was not
thought that his offer to place his stock
in an irrevocable trust removed the con-
flict of interest. I think Mr. McCone
should sell his stocks.
Mr. President, a quotation from the
regulations of the Central Intelligence
Agency dealings with the conflict-of-
interest question was printed in the Jan-
uary 29 issue of the CONGRESSIONAL REC-
ORD at page 974. I repeat the subpara-
graph of the section which defines a
conflict of interest:
(b) Conflicts of Interest.
(1) Definition: A conflict of interest is de-
fined as a situation in which an agency
employee's private interest, usually but not
necessarily of an economic nature, conflicts
or appears to conflict with his agency duties
and responsibilities. The situation is of
concern to the agency whether the conflict
is real or only apparent.
Mr. President, I do not say that, in
Mr. McCone's case, there will be any
conflict of interest. Nevertheless, I
stress the language in the regulation
stating that a conflict of interest is a
situation in which an agency employee's
private interest conflicts or appears to
conflict with his agency duties. The
regulation says the agency is concerned
whether the conflict is real or only ap-
parent. Mr. President, the conflict may
not be real in Mr. McCone's case. . The
sconflict may never become a reality.
But it is nonetheless a possibility. That
which is a possibility today may become,
under certain circumstances, a reality
tomorrow. No human being is infallible,
and the risk to our country is great. In
my judgment, even the appearance or
the possibility of a conflict of interest
should be nonexistent in the case of Mr.
McCone: I hope that a conflict of in-
terest will never eventuate, and I make
no appeal to other to vote as I shall;
but, until he has divested himself of the
holdings to which I have referred, I shall
not be willing to support Mr. McCone's
confirmation.
Mr. RUSSELL. Mr. President, the
President of the United States, pursuant
to his constitutional duty, has forwarded
to the Senate the nomination of John
A. McCone to be the Director of Central
Intelligence.
The issue before the Senate is whether
the Senate will advise and consent to
-this nomination.
Mr. President, I assume that most
Members of this body would be willing
to concede that the President of the
United States is entitled to have such
persons as he desires to serve in positions
1165
of vast responsibility, such as the Direc- 'It has been impossible for me to keep
tor of Central Intelligence, unless the three balls in the air at one time and
person whose name was forwarded to the to watch all of them. I have had to
Senate had some impediment either in watch them one at a time and to leave
morals or in ability that would disqualify the other two at rest.
him from serving in that capacity. I have been appalled, on reading the
I do not think anyone would take the RECORD, to see the extent of misconcep-
position that a Member of the Senate is tion which exists in the minds of some
justified for capricious reasons, or for Senators as to the nature of the posi-
no reason at all, in voting against the tion of the Director of Central Intel-
nominees of the President of the United ligence. When one reads the record
States for these very important positions, of some things which have been said,
In the absence of a clear disqualifica- Mr. President, one could come to the
tion, I have always resolved any doubts conclusion that the Director of Central
in my mind in this area in favor of the Intelligence was a super State Depart-
President's right to have associated with ment and that he formulated foreign
him in the executive branch of the Gov- policy. Reading it further, in other
ernment those whom.he desires, and I areas, one could come to the conclusion
am supporting the nomination of Mr. that he was a freewheeling Secretary
McCone. I do this not only because I of Defense who could move around over
believe the President is ordinarily en- the world, declaring war on those who
titled to have the man of his choice, but incurred his displeasure and toppling
also because I believe Mr. McCone is over Governments by covert means,
fully qualified in every respect to dis- without any let, or hindrance from the
charge the duties of the office and be- Chief Executive of this country or any
cause I believe him to be a patriotic, able, responsibility to the Chief Executive of
honest, forthright American who only the United States.
desires to serve his ` country when Mr. President, the truth of the matter
occupying any position of public trust is that this man, while he will occupy
and responsibility. an office of vital importance to this
This opinion is based, in part Mr. country, will not have the power or the
President, on two hearings that have responsibility or the duty of formulating
'been held on former occasions to ex- foreign policy, and time and again in
amine into the qualifications of Mr. Mc- his appearance before the committee, he
Cone. Mr. McCone was nominated in disclaimed any intention to attempt to
1950 to be Under Secretary of the Air do so. Not only that, but so far as the
Force. Mr. McCone was examined by covert activities of the Central Intelli-
the Comimttee on Armed Services, and gence Agency are concerned, he stated
his nomination was unanimously con- time and again what we all know is a
firmed by the Senate, Later, some three fact, that no Director of Central Intel-
or four years ago, another President Of ligence would think of undertaking any
another political party, President Eisen- activities anywhere on the face of the
hower, selected Mr. McCone to serve as earth without the approval and the con-
chairman of the Atomic Energy Com- sent of the President of the United
mission, an agency of vast importance to States, who can dismiss him at his pleas-
the security of these United States. Mr. ure. We all assume that the President
McCone was carefully examined in great of the United States would consult with
detail by the Senate section of the Joint the Secretary of State when any of the
Committee on Atomic Energy, and on intelligence-gathering activities might be
that committee are men of varied politi- related to the foreign policy of the
cal views. His nomination was unani- United States.
mously reported by the committee and Mr. SALTONSTALL. Mr. President,
was unanimously confirmed. will the Senator yield?
I must say, Mr. President, I have been Mr. RUSSELL. I yield briefly.
somewhat disappointed that so many Mr. SALTONSTALL. As the distin-
extraneous matters have been dragged guished Senator from Georgia knows, the
into the discussion. I have been some- duty of the Director is to obtain facts.
what disappointed by the extent to If he had stated to the committee that
which innuendo has been used and de- he felt that it was a part of his job to
veloped by some of those who are op- -determine policy, I, for one, would not
posing the nomination of Mr. McCone. have supported him. I am supporting
I say that, freely conceding the right the nomination of Mr. McCone whole-
of every Senator to vote as he sees fit. heartedly because he understands funda-
I regret that I have not been able to mentally that it is his duty to obtain
be on the floor of the Senate during the facts and not to determine policy.
entire course of this discussion. Ordi- Mr. RUSSELL. It is the duty of the
narily I would have been present pur- Director to obtain the facts, to evalu-
suant to the discharge of my duties as ate, and then to present them to his
chairman of the Senate Committee on proper superiors.
Armed Services, but unfortunately the Mr. SALTONSTALL. The Senator is
committee has been conducting a series correct.
of hearings on the procurement items Mr. RUSSELL. Mr. President, it is
which must be authorized before the ridiculous to talk about the Director's
Senate can consider the appropriation attacking foreign powers over the earth
bill for the Department of Defense. A without the knowledge, consent, or ap-
number of other items have had my at- proval of the President of the United
tention, including a foray which was States. What is really involved in this
launched against the section of the so-called constitutional discussion does
country from which I come, which in not relate to the competency of John A.
this political year has occupied my time. McCone to serve as Director of the Cen-
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tral -Intelligence Agency. It relates to' "Here is a man who thinks we ought to If the nominee would say that we are
the proper use of the constitutional pow- have taken a given action in the Congo, not taking such action, another question
ers of the President of the United States. or done something else in the case of might arise-"Why aren't you there see-
My mind goes back into recent history, Goa, or we should have acted in a given ing what they are doing, since you repre-
wlIl a great debate arose about the way in the case of Russia. I do not sent the United States?"
power of the President of the United agree with him. Therefore I shall vote If the nominee were to say, "We are
States to send American troops abroad. against confirmation of his nomination." taking such action," it could then be
A document prepared in the Department Mr. PASTORE. Mr. President, will said by those who oppose confirmation
of State set forth more than 100 oc- the Senator yield for a question? of the nomination, "That is an act of un-
casions when Presidents of the United Mr. RUSSELL. I yield. declared war."
States of every political persuasion in Mr. PASTORE. Does the distin- Make no mistake about it. The posi-
our history had sent troops into foreign guished Senator know of any position jion of Director of Central Intelligence
countries without the sanction of Con- in the Federal Government thatis more was created to serve the President of the
gress or without a declaration of war, sensitive and more strategic than that United States as Commander in Chief
But what is being questioned here is of. Chairman of the Atomic Energy Com- of the Armed Forces of the United
the constitutional power of the Presi- mission, which has full responsibility States; and should the responsibility go
dent; and Mr. McCone, whose nomina- with respect to all the classified data beyond that point, whether by reason of
tion happens to be before the Senate, is within the control of the U.S. Govern- overt or covert operations, it would be
the whipping boy. ment with reference to atomic bombs, exceeding the concept and the purpose
When he was asked about the extent hydrogen bombs, how many of them we for which the position was createdident,
pf his powers, Mr. McCone said in two have, and what we are going to do with Mr. Senator yield SALTONSTALL. that point?
or three instances: ' our - friends and -what are we going to will the
I conceive it to be my duty to carry out do about our adversaries? Mr. RUSSELL. I yield.
the orders and commands of the President Mr. RUSSELL. -I completely agree Mr. SALTONSTALL. Does not the
of the United States. with the Senator, who is one of the Senator from Georgia, the chairman of
What other position would Senators most able and most knowledgeable mem- our committee, agree with me that the
have him take? If he would not follow bers of the Joint Committee on- Atomic office of the head of Central Intelligence,
the commands of the President of the Energy. I know he has had an oppor- as he and I have followed the operation
United States, whose orders would he fol- tunity to observe Mr. McCone in his of the agency over the years, requires the
low? Certainly to follow the President's administration of the important Atomic qualities of intelligence, understanding
commands would be his duty. He would Energy Commission. of other people, courage, energy, pa-
not tie his hands in any degree. He - Mr. President, of course, we did not go tience, education, and, 'above all, good
would not say: into Mr. McCone's views on every phase administrative ability; and that in the
I am going to investigate the constitu- of foreign policy. It would have been opinion of the President, Mr. McCone
tional niceties that might be involved be- highly inappropriate for us to have done has these qualities, because he has been
fore I let an agent of the CIA go to "x," the so, because he is not in a policymaking appointed to and has proved himself to
capital of "'!'," and try to find something position. He is in a position in which possess these qualities in many other
about the strength of their military forces. he undertakes to serve the constitutional positions, such as in the position of
Mr. President, that kind of action is Commander in Chief of the United Under Secretary of Air under Mr. Fin-
not the duty of the Director of- Central States, the Chief of all the Armed Forces, letter, as well as under Mr. Forrestal,
Intelligence. His duty is to serve the and to try to furnish the necessary in- when Mr. Forrestal was Secretary of De-
President of the United States, formation to keep us from blundering - fense, and also under Secretary John
There has been discussion about the into trouble in this age of fearsome Foster Dulles in the State Department
work of the CIA being in the field of for- weapons and surprise attacks that would as a member of a commission; that he
eign policy. The position of Director of destroy many of us and deliver into served by appointment of President
Central Intelligence was not created in- slavery those who might 'be left. Truman and also under appointment by
directly in the field of foreign policy. It Some of the questions seem to imply President Eisenhower, as chairman of
was created to serve the President of the some dereliction on the part of the the Atomic Energy -Commission? Mr.
United States in his constitutional ca- Committee on Armed Services for not McCone has served in these various po-
pacity as Commander in Chief of the going into all of Mr. McCone's views on sitions and his nominations to office
Armed Forces of the United States, and foreign policy. I assume that if we had have been confirmed twice by the Sen-
to enable him to prevent his subordi- done so, the complaint would have been ate. Obviously, he has these qualities
nates from being caught by surprise by the other way around: "What has the which, in my opinion, are necessary
some enemy attack, or being caught by Armed Services Committee to do with qualities for serving under the Com-
surprise by the strength of some ad- foreign-policy? Why are they going into mander in Chief of the Armed Forces,
versary that might secretly build up its all these issues? Why was Mr. McCone the President of the United States, a
strength to overwhelm us. cross-examined and asked to express position thatrequires him to acquire in-
military I conceive of the office of Director of opinions on foreign policy matters? formation as to facts.
Those questions are in the field of for- Mr. RUSSELL. The Senator has well
Central intelligence being what in the -eign relations." - outlined the qualities that would be
old Army we used to call a G-2. The We must look a little further than highly desirable in a Director of the
of the of President of l the Intelligence is a G-2 that, -I think, to see what is the genesis Central Intelligence Agency. I would
of the man es the t. of the very violent opposition to Mr. not say that every Director of the
e is a man who handles the intelliStates- McCone. Agency in the -past has possessed all the -
geAll h the President.
All the talk about Mr. McCone's views In passing, I wish to say that I regard qualities the Senator has soutlined.
on foreign policy and why the Commit- it as unfortunate that we air on the floor However, a Senator head stated
the what
make perfect He the
tee on Armed Services did not ask him of the Senate all the things that Central would the
he thought about the foreign pol- Intelligence Agency is reputed to have tral Intelligence a the attributes of Agency. character that
icy that is being applied in Iraq, Iran, done or not to have done in foreign outlined President tr the United States, hat
Congo, or somewhere else, is entirely countries. I cannot see that it serves the Chief of beside the point. If - we had sought to any useful purpose. It cannot attach to present Coan d then United Statesthe
elicit such information from Mr. Mc- the competency of Mr. McCone because Armed Forces man popoessed when, after
Cone in that area, it would have been he was not the Director at the time. But thought the
of a large number
highly improper for him to express his in the very nature of things the Central careful consideration this of i a getant job, vitally views, because the position he was ap- Intelligence Agency can neither admit of of people for selected John imp ota t fill
pointed to fill had nothing whatever to nor deny a charge that it is interfering,
do with formulating foreign policy. Had that, for example, the interference in it.
he done so, he would have given any Iran is with relation to some individual, I - have no doubt that the President's
Senator who opposes him additional or that it is interfering in some other selection will be well justified in the days
ammunition to oppose him by saying, country. that lie ahead. If it is not, the Presi-
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 1962 Approved For Ri (a k ft C - &BOg ffj,QQ0400070009-6
dent can get rid of him with the stroke Mr. SYMINGTON. Mr. President, will
of a pen. He will hold office at the the Senator yield?
pleasure of the President. Mr. RUSSELL. I yield.
"Oh," say some Senators, "no, we will - Mr. SYMINGTON. I should like to
not have him confirmed; we are not even ask the able and distinguished chairman
going to give the President a chance; of the Committee on Armed Services, is
we are going to stop him with a stroke it not true that the nominee had received
of the pen in the Senate before he gets an opinion from the general counsel of
into the job by defeating his confrrma- the Central Intelligence Agency con-
tign." curred in by the Department of Justice to
Of course that is within the right of the effect that there was no conflict of
these Senators, and within the power interest in his case?
of the Senate. However, the power to Mr. RUSSELL. He did. However, de-
advise and consent can be abused, lust spite the fact that he had received those
as can the power of the executive branch opinions, he expressed a willingness to
of the government, or any other power do what he had done before. He was
that might be vested in anyone. very frank with the committee. He said,
I now come ,to the conflict-of-interest "I do not see where there could possibly
issue. I do not believe that any person be any conflict of interest. However, if
familiar with the records of the Armed you want me to do it, I will do what I
Services Committee will say that, what- did when I took the position with the
ever may have been our derelictions in Atomic Energy Commission."
other fields, we have been soft on dealing If there is any dereliction, it is not on
with the conflict-of-interest question. the part of Mr. McCone; it is on the part
Certainly when the first of the auto- of the committee. In view of the fact
mobile company presidents came before that the CIA has little procurement
us for confirmation of his appointment functions, I, as one member of the com-
we created headlines. all over the country mittee, could see no necessity for com-
because we required him to dispose of his pelting this man to dispose of any stock
stockholdings; and he is said to have he held, any more than I could see any
suffered great losses as a result. The necessity in compelling an employee of
present Secretary of Defense disposed the Senate, for example, to dispose of his
of,great holdings in another automobile stocks. Senators themselves hold
company. In addition, he sacrificed a stocks. There is as much likelihood of
job that was paying him about 10 times a conflict of interest on the part of a
as much as he would be paid as the Senator who holds a great deal of stock
Secretary of Defense. in a company with which the Govern-
I have undertaken to keep up with ment does business as there is for the
the statutes, at least-I do not pretend Director of Central Intelligence.
to have read all the decisions that have Mr. LAUSCHE. Mr. President, will
been rendered-dealing with the conflict the Senator yield?
of interest. The purpose of the statutes Mr. RUSSELL. I yield.
I have read is to prevent any man in a Mr. LAUSCHE. At page 55 of the tes-
public position handling tax money from timony, Mr. McCone admitted that he
doing business with himself, and using owned approximately $1 million of stock
money raised through taxes for that pur- in the Standard Oil Co. of California,
pose. 'In other words, it is to prevent and that the Standard Oil Co
of C
li
.
a
-
him from representing the Government fornia gave to the Hendy Co., of which Mr. RUSSELL. Did the Senator read
on the one hand and, on the other, deal- he was the 100-percent owner
from
$) mil
t
t
,
-
a s
a
ement by President Kennedy?
Ing with himself in some corporation, lion worth of ocean-carrying cargo busi- Mr. LAUSCHE. Yes; I read from his
firm, or partnership ,in which he has an ness. If Mr. McCone is approved as the definition of what should be expected
interest. It is to prevent that kind of head of the Central Intelligence Agency, of a public servant.
'elationship that the conflict-of-interest he will be working in the Far East, where Mr. RUSSELL. Since the President
statutes have arisen. oil problems are many. My question is made that statement, he submitted Mr.
For that reason the Committee on this: Let us assume that there develops McCone's nomination to the Senate. I
Armed Services did not demand that Mr. in the Far East some disturbance con- assume he did not think there was any
McCone divest himself of some of his cerning the expropriation of oil inter- conflict for he would not have sent Mr.
stockholdings before assuming the posi- ests, and Mr. McCone acquires that in- McCone's nomination to the Senate.
tion of Director of Central Intelligence formation. Is it possible or likely that I realize the necessity for having a
as we would have demanded that he do that information might influence him in very high standard of ethics on the part
had he been nominated for the position the handling of his holdings in the of all our public servants, but it seems
of the Secretary of Defense, for example, Standard Oil Co. of California or in the at times these things are stretched so
in which position he would be-engaged in Joshua Hendy Co.? far that it appears to be a crime-a
procurement on behalf of the Govern- Mr. RUSSELL. Mr. President, if a crime with which 1 could never be
ment or dealing with the concerns in man wishes to think the very worst of charged-to have managed to accumu-
which he owned stock. We did not de- Mr. McCone, and if the eventuality late a vast fortune, and to do so by one's
mand the divestment that was required which the Senator has outlined were to own efforts.
when he took his position with the come about-and we do not know that It is a strange reaction that the public
Atomic Energy Commission. In that it will happen-it is also possible that mind throughout the United States to-
instance the statute requires that the the President of the United States might day seems to look on a man who makes
head of the Atomic Energy Commission have something to say about it at that a great deal of money as if there were
not hold stock with any company with stage of the proceedings. This man is something wrong with him. But if he
which the Commission does business, answerable to the President, as is any inherits a vast sum of money, the same
Essentially that is what the law provides, clerk in the President's office. He can stigma does not attach. The distinction
I could not see where there was any con- discharge this man at any hour of any is hard to follow. In my opinion, we
flict of interest on the part of a man who day that he so desires. should not discriminate against a man
is to be the Director of Intelligence, when I have-heard that argument before. who makes money by his own efforts in
he is not engaged in any extensive pro- I have heard it made by Senators on the favor of one who by chance of birth
curement. floor of the Senate three or four times. came into a vast fortune.
1167
I am not at all impressed by it. If one
wishes to carry that argument out to its
logical extension, even to the point of
reductio ad absurdum, one would have
to contend that any person of the-Jewish
faith should not serve as Director of In-
telligence because he might be influenced
by the intelligence he might receive on
activities that might occur in Israel; or
one might contend that no person of
the Catholic faith should serve as Di-
rector of Intelligence because he might
be influenced by the attitude of the
Pope on some question.
That is a remote possibility. How-
ever, I say that it is a very frail argu-
ment to use against an honest, honor-
able, patriotic American citizen who has
had his name sent to the Senate by the
President of the United States.
Mr. LAUSCHE. Mr. President, will
the Senator yield for a further question?
Mr. RUSSELL. I yield. I had hoped
to conclude by now.
Mr. LAUSCHE. I surrendered the
floor to the Senator from Georgia. I
was supposed to be recognized prior to
the time he was.
Mr. RUSSELL. I had no knowledge
of that. I did not request the Senator
from Ohio to surrender the floor to me.
I want the RECORD to show that. I had
no knowledge of that until this moment.
Mr. LAUSCHE. The President of the
United States said:
No responsibility of government is more
fundamental than the responsibility of main-
taining the highest standards of ethical be-
havior by those who conduct the public's
business. There can be no descent from the
principle that all officials must act with un-
wavering integrity, absolute impartiality,
and complete devotion to the public interest,
This principle must be followed, not only in
reality, but in appearance, for the basis of
effective government is public confidence,
and that confidence is endangered when
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1168 Approved %M 52M
I do not hold against Mr. McCone his Mr. RUSSELL. Mr. President, I had Mr.-PASTORE. Mr. President, I am
accumulation of fortune. I believe that almost concluded my remarks. I would going to support and vote for the con-
if a situation arose whereby his owner- have concluded them much earlier had firmation of John McCone as head of the
ship of oil stock conflicted with the pol- it not been for the questioning. - How- Central Intelligence Agency for four
icy of the United States, or could con- ever, I am always glad to yield, par- reasons.
flict with the policy of the United States, ticularly on a subject of this kind. First, I believe him to be an exemplary
in the Middle East, Mr. McCone himself In these troubled times, I doubt that American.. Second, I consider him to be
would bring the situation to the atten- it would be possible to secure an ideal a very competent individual both in busi-
tion of the President of the United man to fill any public position. That ness and government. He is an excel-
States, if the President did not have it includes even the great office of Presi- lent administrator with a proven record.
brought to his attention from other dent of the United States. We all have Third, from my contacts with John Mc-
sources. There are a great many persons responsibilities and duties that are be- Cone, I have always found him to be an
who, I am sure, would be glad to bring yond our capacity. All we can do is the individual of impeccable honesty and
it to the President's attention. very best we can with the light and the high integrity. And, fourth, a rejection
Mr. GORE. Mr. President, will the strength with which providence has en- of Mr. McCone at this time would be a
Senator yield? dewed us. rebuff to President Kennedy in his ap-
Mr. RUSSELL. I yield. In my judgment, this nominee is an pointment of an individual in whom he
Mr. GORE. As a member of the Joint honest, patriotic public servant. I be- has confidence.
Committee on Atomic Energy, I have had lieve he will bring to the office certain I never knew John McCone until he
the privilege of working closely with and abilities that will be most helpful in en- was appointed by President Eisenhower
sometimes in opposition to Mr. McCone abling him to report to the National Se- to be the Chairman of the Atomic Energy
while he was Chairman of the Atomic curity Council and to the President of Commission. From that day forward,
Energy Commission. I consider -John the United States, his Commander in through my own personal contacts with
McCone to be a capable, courageous, and Chief, valuable intelligence information, him, I found him to be a man of his
patriotic citizen. My only regret with If I had the slightest doubt about the word, a very able administrator, and a
respect to this appointment Is that Mr. nominee, considering the importance of dedicated public servant. John McCone
McCone is not 20 years younger, in order the office, I would vote against Mr. has never been deluded or deceived as to
that he might contribute more of the MeCone. the Communist menace. I know that
faithful and dedicated service of which Many objections have been raised had he had his way, we would have had
he is capable. against Mr. McCone. One of them is a resumption of underground testing
Mr. RUSSELL. I thank the Senator that he has been in favor of continuing long before President Kennedy was com-
from Tennessee. atomic testing in the atmosphere. Yet pelled to do so.
Mr. FULBRIGHT. Mr. President, will the same persons who condemn him for Mr. McCone is a man of character and
the Senator from Georgia yield 2 min- that wanted the committee to -go into courage. He understands the intrigue
utes to me? I wish to make a short every detail concerning what Mr. Mc- and the doubletalk of the Kremlin
statement. Cone thought about that policy. He leaders.
Mr. HUMPHREY. Mr. President, will heldthat view before he was nominated I know of no man who would better
the Senator from Georgia yield to me? to this position, but I am certain he has head a strategic agency such as the Cen-
Mr. RUSSELL. Mr. President, I had not retreated from it. I am particeps tral Intelligence Agency with greater
hoped to conclude my remarks before criminis in that viewpoint; I am one who competence and understanding.
now. I could have concluded in 15 or thinks the United States should resume I realize there are those who, for rea-
.20 minutes and would have done so had atomic testing. sons of their own, will, in good con-
I not been interrupted for questioning. I have seen it stated that Mr. McCone's science, vote against this nomination.
Mr. HUMPHREY. Mr. President, I hatred of communism was so all-con- But, for myself, having known this man
have had a number of requests from suming that he could not do a fair job for several years on a very intimate and
Senators for time in which 'to speak on in the Central Intelligence Agency be- personal basis, I feel in my heart that
this important nomination. I know the cause he would twist and distort mat- the President of the United States has
chairman of the Committee on Armed ters so as to provoke us into a war with made an admirable choice which -I, in
Services still has some remarks to make. the Soviet Union. -I -do not believe that, complete confidence, can support.
Mr. RUSSELL. I have almost con- I think Mr. McCone abhors communism. With John McCone as the head of the
cluded. If I did not think so, I would be voting Central Intelligence Agency, I-know that
Mr. HUMPHREY. The opponents of the other way. But I do not believe he the society of free men and free women
the nomination still wish to be heard. -I will carry into his new position his feel- can sleep a little. easier tonight.
shall ask the indulgence of Senators in ings about differing philosophies of gov- In conclusion, I reiterate what I said
order to request that the present unani- ernment, as between our free enterprise on January 18, 1961, without regard to
mous-consent agreement be amended by system and the slave - state, in which a this appointment, when addressing my-
a new unanimous-consent request, man is chained to the wheel of the state, self to John McCone on his retirement
namely, to extend the time for 45 min- to the extent of influencing his judg- as Chairman of the Atomic Energy Com-
utes; in other words, to have the vote ment on intelligence. It is impossible mission. I then said:
on the nomination take place at for me to think that he would do so. I It is with genuine regret that I see you
2:45 p.m. think he would be fair and objective in leave public service, John McCone, and if I
Mr. SYMINGTON. Mr. President, it his effort to discharge his duties. have my way about it, you won't have the
is my hope that the vote will be taken The President of the United States has luxury very long. I think this country
before that time. selected Mr. McCone. He has said, in needs you. I shall undertake to persuade
Mr. HUMPHREY. I will amend the effect, "This is the man I want to serve somebody to persuade you to get backinto
request and ask that the time be ex- as my G-2, to furnish me intelligence." the service of the country.
tended 30 minutes. I think the President of the United Mr. President, what I said on January
Mr. DIRKSEN. -- Mr. President, it is States is entitled to have him. 18, 1961, I have no cause or reason to
understood, I assume, that the time will Mr. PASTORE. Mr. President, will reject now. Instead, I reiterate my
be equally divided. the Senator from Georgia yield 3 min- great pleasure over the fact that Presi-
Me. IvIcCARTHY. Mr. fethe addi- is utes to me? dent Kennedy has seen fit to appoint
there to be a distribution oP the Mr. RUSSELL. I yield 3 minutes to John McCone to serve,in so strategic a
tion. HUMPHREY. Mr. President the distinguished Senator from Rhode position.
Mr.
time will be e equally divided and , will the Island. Mr. MUSKIE. Mr. President-
be be under the control of the chairman of The PRESIDING OFFICER. The Mr. RUSSELL. Mr. President, I yield
the committee and of the junior Sena- hour of 2 o'clock has arrived. Under 2 minutes to the distinguished junior
tor from Minnesota [Mr. McCARTHYI. the unanimous-consent agreement, as Senator from Maine.
The PRESIDING OFFICER. Is there amended, the time is further controlled. The PRESIDING OFFICER (Mr.
objection? The Chair hears none, and The Senator from Rhode Island is rec- IlrciIEY in the chair). The Senator
it is so ordered. ognized for 3 minutes. from Maine is recognized for 2 minutes.
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1962 CONGRESSIONAL RECORD - SENATE
Mr. President, I find the approaching Mr. FULBRIGHT. Mr. President, the about supporting confirmation of
vote a difficult one to cast. I have -fol- Office of Director of the Central Intelli- nomination.
lowed carefully the debate on Mr. gence Agency is unique in our Govern- However, the Senate is being asked to
McCone's nomination; I have reviewed ment. It is unique in that the man who confirm the nomination of John A. Mc-
the record. From the evidence we have holds it is entrusted with the direction Cone to be the Director of Central In-
before us, I cannot justify voting against of a vast organization which, though it telligence. At the opening of the hear-
confirmation; and yet as I support the is engaged in worldwide activities of the ings, the distinguished chairman of the
appointment of a distinguished citizen, most sensitive nature, is not subject to Armed Services Committee said:
I have grave questions about the exact the close scrutiny of its appropriations This office is perhaps second in importance
nature of the task he is undertaking and operations customarily applied to only to the office of the President.
and the operation of the Agency he will the other agencies of or Government by
head. Congress, by the press, and by the pub- Certainly I agree with that statement.
As the distinguished junior Senator lie. The CIA thus exerts a powerful in- However, Mr-President, President, if the head of
from Minnesota [Mr. MCCARTHY] has fluence on the character and conduct of this Agency is to have no part in policy-
pointed out, Mr. McCone stated that the our foreign relations, without being sub- making, then in my judgment this office
Central Intelligence Agency would not ject to the processes of consultation and is not second in importance only to that
be, in his opinion, a policymaking body, review of its activities by the committees of the President.
But we know from its history and by of Congress normally charged with re- But because there is on the record evi-
its very nature that the Agency does sponsibility in this area. dence that at least in the near future
influence policy decisions in very critical In this instance, neither the Commit- the head of this Agency will be in a posi-
areas of national defense and foreign re- tee on Foreign Relations nor its chair- tion to make policy, I believe his views
lations. To avoid policy advice would man was consulted about the appoint- relating to foreign policy and to other
require the wisdom of Solomon and the ment, and the committee has not been important questions, not only in regard to
restraint of Job-and today we are not given an opportunity to be informed the operations of the Central Intelligence
considering either of those gentlemen. with regard to the nominee's views about Agency but also in regard to some of the
In the past, Congress has not focused our relations with foreign nations, and operations which have been carried out
sufficient attention on the delicate and . especially about the issues involved in in the name of foreign policy, are of
critical position of the Central Intelli- the cold war. fundamental importance for considera-
gence Agency in our national policy The record before the Senate reveals tion by the Members of the Senate when
structure. The Armed Services Com- little, if anything, regarding the views they are called upon to vote on the ques-
mittee did not, unfortunately, explore a or opinions of Mr. McCone about the tion of confirmation.
number of important questions in con- fundamental policies affecting the se- In our time there has been a revolu-
nection with foreign policy which must curity of our country. tion in weapons, in communications, in
occupy the attention of Mr. McCone, and In short, I do not feel that I am suffi- military power, and in the interdepend-
which, if explored, would have provided ciently informed about the convictions ence of nations. All of these factors have
this body with a more meaningful record of this nominee regarding the foreign given a new dimension to international
on which to make a decision. Policy of our Government to endorse politics and to war. Even the language
What is past is done, however, The them by an affirmative vote. in the vocabulary of the past is no long-
President has expressed his confidence Mr. McCARTHY. Mr. President, L er adequate. The meaning and the con-
in Mr. McCone. There is no sufficient regret to find myself in disagreement duct of foreign affairs is different than
evidence to warrant a rejection of that with the distinguished senior Senator it was when the Constitutoin was adopted
confidence. The important question from Georgia [Mr. RUSSELL] on the and during the 19th century, The econ-
goes beyond the issue of Mr. McCone's question of the role of the Senate in omy and political structure and weap-
nomination, That question is the future relation to the fulfillment of its con- ons of other nations relate very much to
nature of the Central Intelligence Agen- stitutional obligations and traditional our own defense. Changes taking place
cy and the relationship of Congress to responsibilities. I suppose no other in other countries can lead our Nation
that Agency. Member of the Senate has given more to the edge of war or may bring us closer
. For these reasons, I wish to give thought to the relationship of the Sen- to a time of peace. What role is Con-
strong endorsement to the suggestion of ate to the executive branch of the Gov- gress to play in decisions of this nature?
the distinguished Senator from Minne- ernment than he has, nor has any other Sooner or later this question will have
sota [Mr. MCCARTHY] that there be Member-at least, among the contem- to be the basis for a great debate. I
established a joint committee of Con- porary group of Senators-given more think this is a proper time to start that
gress with the specific responsibility of thought to the question 6f the responsi- debate. We need new procedures which
overseeing the operations of the Central bilities of the Members of the Senate. take into account the responsibilities of
Intelligence Agency. We have an ex- I wish we could be debating here the Congress in this kind of world, particu-
cellent precedent in the Joint Commit- simple question of relationships and is- larly as it is affected by the different
tee on Atomic Energy; and I urge that sues, and that we did not have to be methods of cold war as well as by pros.
we make use of our experience in that dealing with a personality. However, pests of total war.
field in fulfilling our responsibilities as the Constitution imposes on the Mem-
the We are fwith world conditions
representatives of the people of these hers of the Senate the responsibility of when we may faced a have to make a choice be-
. States. passing judgment upon both persons and w w
warfare,
Mr, HUMPHREY. Mr. President, will issues. We have not only a government tween n though we war
woulandd guerrilla ak a reject war
the Senator from Maine yield? of. laws, but also a government of per- even altogether. I believe it the respon-
Mr. MUSKIE, I am happy to yield. sons. of Congress to participate in the
sibility wa
Mr. HUMPHREY. I wish very defi- If it were true that from now on the determination of questions of this kind,
nitely to associate myself with the re- Central Intelligence Agency would be pwhen the activities relate
marks of the distinguished junior Sena- operated in such manner that the Bath- to particularly iwar, cu whether it be hot war or cold
tor from Maine. If the debate on this ering of intelligence would be its sole war.
nomination has done nothing else, it has function, I would have no question about
clearly given the Members of the Senate supporting the confirmation of John A. I note that 8 of the 18 paragraphs of
an opportunity to go on record in regard McCone. Or if he were put in charge that section of the Constitution which
to this all-important and much-hoped- of only the intelligence-gathering op- enumerates the powers of Congress refer
for development, which I trust will be erations, I would have no hesitation to matters of defense or war or the
consummated at this session. about supporting confirmation of his Armed Forces.
Mr. MUSKIE. I thank the Senator nomination. If he were appointed to Paragraph 1 of article I, section 8
from Minnesota. - be a member of the Atomic Energy states that Congress shall have power
Mr. McCARTHY. Mr. President, at Commission, I would have no hesitation to provide for the common defense,
this time I yield to the Senator from about supporting his confirmation. Or Paragraph 10 of the same section
Arkansas [Mr. FULSRIGHT]. if he were appointed to be Secretary of defines and punishes' piracies and
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-CONGRESSIONAL RECOith SENATE January 31
igh seas and McCone 1s an American citizen who has
Hoover. One would not ask Mr. Hoover
for his opinion on certain policies, and
so forth. He would be asked to get the
facts. The same thing applies with rela-
tion to the CIA and the Director of it.
It is his job to get the facts and evaluate
them; to present them almost daily to
the President of the United States, the
Secretary of Defense, the Secretary of
,State, and other officials of the U.S. Gov-
ernment. It is not his duty to decide
what the Government should do with re-
lation to those facts. It is his job to
get the facts and present them so that
they are in understandable, clear form,
and then the policies are determined by
the President of the United States and
his Cabinet officers.
I believe Mr. McCone is highly quali-
fied to render the service he has been
chosen to discharge. He has received
appointments under three different
Presidents; President Truman, President
Eisenhower, and now President Kennedy.
He has received other appointments. I
hope the nomination will be confirmed.
The PRESIDING OFFICER. The
time of the Senator from Massachusetts
has expired.
Mr. McCARTHY. Mr. President. I
have no further requests for time.
The PRESIDING OFFICER. Does
the Senator yield back his remaining
time?
Mr. McCARTHY. I yield back the
remainder of my time.
Mr. RUSSELL.. Mr. Presiddnt, I do
not regard this to be an appropriate oc-
casion to discuss further the functions
of the Central Intelligence Agency. I
repeat what I said about the Central
Intelligence Agency not being within the
field of making foreign policy.
I was somewhat surprised when the
distinguished Senator from Arkansas
said that because he did not know the
nominee's views on the details of for-
eign policy he would not support his
nomination. I would say it would be as
logical for a member of the Armed Serv-
ices Committee to say that because he
had not examined or did not know in
detail the views on foreign policy of the
Secretary of State or one of his assist-
ants that he could not support a nom-
inee, because certainly their views on
foreign policy would have a direct bear-
ing on the military strength necessary
for these United States to maintain.
Mr. FULBRIGHT. Mr. President, will
the Senator yield?
Mr. RUSSELL. -I yield.
Mr. FULBRIGHT. I think the Sena-
tor will recall I tried to emphasize that
this particular position is unique. I
would not have the slightest hesitancy
in approving the appointment of Mr.
McCone, for example, to be Secretary
of State. This is a position subject to
review by the committees and by the
press. The Secretary of State is subject
to constant review and exposure to criti-
cism and comment by nearly everybody.
He comes before our committee in open
session, in executive session, and so on.
In my opinion this particular position
is unique in the Government. I have not
approved of the way it has been con-
ducted for years. I joined the distin-'
guished majority leader some years ago
f nations.
1i ,
4, toy that Congress
A~ _/ant letters of
succeeded in the business world- and
who, as his-success continued, amassed
a reputation for honor, integrity, cour-
age, ability, and civic virtue among all
of those who knew him, particularly
those who knew him best. Here, Mr.
-President, is a sterling citizen, an unde-
viating patriot, a splendid executive,
preeminently qualified to perform ex-
cellent service in the vital responsibility
for which President Kennedy has chosen
him.
. Under Democratic administrations
and under Republican administrations,
John McCone has served the people of
the United States, as has been said, in
the Pentagoi} in the Air Force, in the
Department of Defense, in the State De-
partment, in special missions for the
Chief Executive of our country, and last,
but certainly not least, as Chairman of
the Atomic Energy Commission. And
it seems to me of transcendent rele-
vance, my fellow Senators, that when
the roll is called, every member of the
Joint Committee on Atomic Energy Who
sits in the Senate will cast his vote in
favor of this nominee. They know him
far better than most of my colleagues
here.
Mr. President, it has been suggested
that every Senator weigh carefully his
responsibility. I agree. I have weighed
mine, and I believe it would be in the
interest of the security of the American
people if the nominee of the President
of the United States were given a unani-
mous endorsement in this Chamber.
Discussion and debate have been had
here as to policy decisions of the CIA. I
agree with the able Senator from Geor-
gia. The Central Intelligence Agency
Director will serve the Chief Executive
of this country. He will do that which
the President of the United States asks
him to do no more and no less. He will
serve a function indispensable to the se-
curity and the defense of this country.
And I, for one, think that the appoint-
ment which has been made by the Chief
Executive of our country does high
credit to him, as well as to the nominee
whose name is before us at the present
time.
The PRESIDING OFFICER. The
time of the Senator has expired.
Mr. RUSSELL. Mr. President, I yield
3 minutes to the Senator from Massa-
chusetts [Mr. w5. ALTONSTALL] .
Mr. SALTONSTALL. Mr. President, I
listened with considerable surprise to
the reasons given by the Senator from
Arkansas [Mr. FULERIGBT] for his in-
tention to vote against Mr. McCone. I
say that because I have the utmost re-
spect for the Senator from Arkansas as
chairman of the Committee on-Foreign
Relations. He has stated he will vote
against Mr. McCone because he does not
know what his views on foreign policy
are.
As I said before, if I knew what the
views of Mr. McCone were on foreign
policy in detail, and if he had spelled
them out, I would be hesitant to vote in
favor of his nomination.
Inside the United States we have the
FBI. We have a very distinguished lead-
er of that organization, Mr. J. Edgar
to do with raising
les and the appro-
purpose.
, provides for maintain-
ing a A
Paragral,`14 relates to making rules
for the Government and regulation of
the land and naval forces.
Paragraph 15 provides for calling
forth the militia to executive the laws
of the Union, suppress insurrections,
and repel invasions.
Paragraph 16 provides for organizing,
arming, and disciplining the militia, and
for governing such part of them as may
be employed in the-service of the United
States.
The concern in this section of the Con-
stitution is clearly indicated, I think.
There is to be congressional involvement
in decisions relating to the common de-
fense in its many phases.
We are concerned here not only with
passing judgment on what CIA has done
and not only with passing judgment
upon the performance of the nominee
and other officers; we are called upon to
pass on a fundamental constitutional
question, but to pass upon it under most
difficult historical circumstances.
.I believe that in our action here in the
Senate, the question of whether we trust
the President or whether we are loyal to
the President should not be raised. A
vote against the nominee, in my judg-
ment, could not be properly interpreted
as a vote indicating lack of confidence in
the President. Rather, it should reflect,
and be considered to reflect on the part
of each Member of the Senate who may
vote against the nominee, as a vote
against confirmation because of a con-
stitutional responsibility to make a deci-
sion which runs, first, to the determina-
tion of foreign policy, and second, to a
very special responsibility about the con-
firmation of a nominee appointed by the
President for a position which the Chair-
man of the Armed Services Committee
has described as perhaps the second most
important office in the land, next to the
President.
Each Member of the Senate should ask
himself this question: whether or not,
if his vote were to determine whether
this nominee would be approved, he
would vote for him; and if he is satis-
fied under those conditions that he would
vote for the nominee, he should do so.
If he is satisfied under those conditions
that he would not vote for him, he should
vote against confirmation.
Having considered these questions as
best I can, I have concluded that I will
vote against the confirmation.
Mr. RUSSELL. Mr. President, I yield
3 minutes to the distinguished minority
whip, the Senator from California [Mr.
KUCHEL],
Mr. KUCHEL. Mr. President, per-
haps no citizen among all our country-
men brings more unique or greater
qualifications to his heavy new respon-
sibilities than does John McCone. John
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in trying to set up a special committee Mr. PELL (when his name was
comparable to the Joint Committee on called). On this vote I have a pair
Atomic Energy. That failed because of with the senior Senator from Pennsyl-
the vigorous apposition of the then lead- vania [Mr. CLARK]. If he were present,
er or director of the CIA. This opera- he would vote "nay"; if I were at liberty
tion is covert. I would much prefer that to vote, I would vote "yea." I therefore
the President take full responsibility and withhold my vote.
not ask us to affirm it unless I know
something about the nominee's views.
I base my position entirely upon the
character of the office, because there is
no other office comparable to it.
To say that the position is compar-
able to that, of Secretary of State or
Secretary of Labor or to any other I
think misconstrues what is my position.
I deny that this office does not have
a very major influence upon policy. To
state that this is merely a factfinding
organization, in my opinion, is not in
accord with the facts as I know them.
Mr. RUSSELL. Mr. President, the
difference between the Senator from Ar-
kansas and me is very wide in this in-
stance.
There is a review by committees. We
had some six or seven hearings last year,
including appropriations hearings, on the
Central Intelligence Agency. The Sena-
tor's complaint seems to be it is not all
under his committee and he and his com-
mittee do not hear the evidence.
The Senator says that the Secretary of
State goes through hearings and has to
go before the press and has to appear at
public hearings. If the time ever comes
when the Central Intelligence Agency is
compelled to answer all of these ques-
tions in open hearings, and the informa-
tion is disseminated throughout the
world, the harm to our national security
would be almost incalculable.
The PRESIDING OFFICER. The
time of the Senator from Georgia has
expired.
Mr. FULBRIGHT. Mr. President, will
the Senator yield?
Mr. RUSSELL. I have no more time.
The PRESIDING OFFICER. All
time for debate has expired.
Mr. RUSSELL. Mr. President, I ask
for the yeas and nays.
Mr. HUMPHREY. I join in the re-
quest for the yeas and nays, Mr. Presi-
dent.
The yeas and nays were ordered..
Mr. HUIVIPHREY. Mr. President, I
suggest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The Chief Clerk proceeded to call the
roll.
Mr. HUMPHREY. Mr. President, I
ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The question is, Will the Senate advise
and consent to the nomination of John
A. McCone, of California, to be Director
of Central Intelligence. On this question
the yeas and nays have been ordered, and
the clerk will call the roll.
The Chief Clerk proceeded to call the
roll.
Mr. HUMPHREY (when his name was
called). On this vote I have a pair
with the senior Senator from Oregon
[Mr. MORSE]. If he were present, he
would vote "nay"; if I were at liberty to
vote, I would vote "yea." I therefore
withhold my vote.
The rollcall was concluded.
Mr. HUMPHREY. I announce that
the Senator from Pennsylvania [Mr.
CLARK], the Senator from Illinois [Mr.
DOUGLAS], the Senator from Louisiana
[Mr. ELLENDER], the Senator from In-
diana [Mr. HARTKE], the Senator from
Montana [Mr. MANSFIELD], the. Senator
from Oklahoma [Mr. MONRONEY], the
Senator from Oregon [Mr. MORSE], and
the Senator from Florida [Mr. SMATH-
ERS] are absent on official business.
I also announce that the Senator
from New Mexico [Mr. CHAVEZ] is ab-
sent because of illness.
On this vote, the Senator from Illi-
nois [Mr. DOUGLAS] is paired with the
Senator from Indiana [Mr. HARTKE].
If present and voting, the Senator from
Illinois would vote "nay," and the Sen-
ator from Indiana would vote `-`yea."
I further announce that, if present
and voting, the Senator from Florida
[Mr. SMATHERSI, the Senator from Lou-
isiana [Mr. ELLENDER], the Sehator from
Montana [Mr. MANSFIELD], the Senator
from New Mexico [Mr. CHAVEZ], and the
Senator from Oklahoma [Mr. MON-
RONEY] would each vote "yea."
Mr. KUCHEL. I announce that the
Senator from Maryland [Mr. BUTLER],
the Senator from Kentucky [Mr.
COOPER], and the Senator from Arizona
[Mr. GOLDWATER] are necessarily ab-
sent.
The Senator from Indiana [Mr.
CAPEHART] is absent on official business.
The Senator from Iowa [Mr. HIcKEN-
LOOPER] is absent on official business to
attend the Eighth Meeting of Consul-
tation of Ministers of Foreign Affairs of
American States.
If present and voting, the Senator
from Maryland [Mr. BUTLER], the Sen-
ator from Indiana [Mr. CAPEHART], the
Senator from Kentucky [Mr. COOPER],
the Senator from Arizona [Mr. GOLD-
WATER], and the Senator from Iowa [Mr.
HICKENLOOPER] would each vote "yea."
The result was announced-yeas 71,
nays 12, as follows:
[No. 7 Ex.]
YEAS-71
Aiken Gore Moss
Allott Hart Mundt
Anderson Hayden Murphy
Bartlett Hickey Muskie
Beall Hill Pastore
Bennett Holland Prouty
Bible Hruska Randolph
Boggs - Jackson Robertson -
Bush Javits Russell
Byrd, Va. Johnston Saltonstall
Cannon Jordan Scott
Carlson Keating Smith, Mass.
Carroll Kefauver Sparkman
Case, N.J. Kerr Stennis
Church Kuchel Symington
Cotton Long, Mo. Talmadge
Curtis Long, Hawaii Thurmond
Dirksen Long, La. Tower
Dodd Magnuson Wiley
Dworshak McClellan Williams, N.J.
Eastland McGee Williams, Del.
Engle McNamara Yarborough
Ervin Miller Young, N. Dak.
Fong. Morton
NAYS-12
Burdick Grugning Neuberger
Byrd, W. Va. Lausche Proxmire
Case, S. Dale. McCarthy Smith, Maine
Fulbright Metcalf Young, Ohio
NOT VOTING-16
Butler
Ellender
Monroney
Capehart
Goldwater
Morse
Chavez
Hartke
Pell
Clark
Hickenlooper
Smathers
Cooper
Humphrey
Douglas
Mansfield
So the nomination was confirmed.
Mr. HUMPHREY. Madam President,
I ask unanimous consent that the Presi-
dent be immediately notified of the con-
firmation of the nomination.
The PRESIDING OFFICER (Mrs.
NEUBERGER in the chair). Without ob-
Ijection, the President will be notified
tforthwith.
THE LEGISLATIVE PROGRAM-AD-?``
JOURNMENT FROM TODAY TO
FRIDAY
Mr. HUMPHREY. Madam President,
I should like to announce on behalf of
the leadership that it is our intention at
the conclusion of business today to move
that the Senate convene on Friday. It is
our hope to be able to begin the debate
on the so-called college classroom bill on
Friday. The Senator from Oregon [Mr. '
MORSE] will have returned from Punta
del Este by that time, and he will be able
to lead off the debate on that important
measure. '
On Monday, we hope to be able to com-
plete consideration of the college class-
room bill. If so, we will then proceed to
the consideration of the various commit-
tee money resolutions, which have been
reported by the Committee on Rules and
Administration. I make the announce-
ment so that Senators will have some in-
dication of the work that lies ahead for
the week end and for Monday and Tues-
day of next week.
VISIT TO THE SENATE BY PER FED-
ERSPIEL, PRESIDENT OF THE
CONSULTATIVE ASSEMBLY OF
THE COUNCIL OF EUROPE
Mr. KEFAUVER. Madam President?
it is my honor and high privilege to in-
troduce to the Senate a distinguished
member of the Danish Parliament, the
President of the Consultative Assembly
of the Council of Europe, the Hon. Per
Federspiel. [Applause,,Senators rising. I
Mr. JAVITS. Madam President, I
wish to add my welcome to that of the
Senator from Tennessee to the Hon. Per
Federspiel, the president of the Consult-
ative Assembly of the Council of Europe.
He has been the host of many of us in
Europe. He represents one of the most
auspicious agencies for European unity
which exists in a parliamentary sense.
He is a great leader. Therefore I wish
to express my-pleasure and honor at hav-
ing him in the Chamber.
EXECUTIVE PROGRAM
ESTATE TAX CONVENTION WITH
CANADA, INTERNATIONAL CON-
VENTION FOR THE NORTHWEST
ATLANTIC FISHERIES, INTERNA-
TIONAL CIVIL AVIATION
Mr. HUMPHREY. Madam President,
I wish to make an announcement for
the information of the Senate. I hope
Senators will remain In the Chamber so
that we may have a yea-and-nay vote
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1172 CONGRESSIONAL tMIM - anuary
on and, I hope, approval of the three Mr. HUMPHREY. We will vote (e) securities of or guaranteed by any gov-
treaties which are now pending on the promptly on these treaties. ernment or municipality shall be deemed to
Executive Calendar. I will ask the Sen- Madam President, I ask unanimous be situated.
(I) if in bearer form, at the place where
ator from Alabama [Mr. SPARKMAN] consent that the Senate now proceed to located at the time of death, or
who, I believe, is handling these treaties, the consideration of the treaties. (Ii) if inscribed or registered, at the place
if there is any objection to voting on The PRESIDING OFFICER. Is there -where inscribed or registered by the issuer;
these treaties en bloc, and of course this objection? (f) shares, stocks, bonds, debentures, and
inquiry applies to every Senator. I men- There being no objection the Senate, -debenture stock of 'a company, and rights
tion this pointbecause the treaties cover as in Committee of the Whole, pro- to subscribe for or purchase shares or stock
separate items. I understand there was ceeded to consider the following conven- of a company (including any such property
held by a nominee, whether the beneficial
no controversy over any of them and no tions and protocol: ownership is evidenced by scrip certificates
opposition to any of them. Would the CONVENTION BETWEEN THE GOVERNMENT OF or otherwise) shall be deemed to be situated
Senator from Alabama mind giving his THE UNITED STATES OF AMERICA AND THE at the place where the company is incor-
response? GOVERNMENT OF CANADA FOR THE AVOIDANCE porated;
Mr. SPARKMAN. The statement of OF DOUBLE TAXATION AND THE PREVENTION (g) money deposited to the credit of the
the acting majority leader is correct. OF FISCAL EVASION WITH RESPECT TO TAXES deceased with an insurance company, money
ON THE ESTATES OF DECEASED PERSONS payable under a policy of insurance effected
haven was je opposition. the treaties Personally, I The Government of the United States of on the life of the deceased or payable under
have no oloc. to However, , I do believe America and the Government of Canada, an annuity contract in respect of the death
voted ted on en objection
bloc. desiring to conclude a convention for the of the deceased, and any policy of insurance
it ought to be understood that the subject avoidance of double taxation and the pre- or annuity contract in which the deceased
matter is different in the three treaties. vention of fiscal evasion with respect of taxes had an interest shall be deemed to be situ-
I mean by that that no two of them on the estates of deceased persons, agree as ated at the placewhere the deceased was
treat the same subject. One has to do follows: domiciled at the time of his death; .
with taxes; another treats of fisheries; ARTICLE I (h) shares in a partnership shall be
the third deals with aviation. I wish it 1. The taxes referred to in this Convention deemed to be situated at the place where
clearly understood that the subject mat- are: its business is principally carried on;
ters are different. However, -there has - (a) for the United States of America: the (1) ships and aircraft and shares thereof
Federal estate tax; shall be deemed to be situated at the place
been opposition voiced to them before b) for Canada: the estate tax imposed by of registration of the ship or aircraft;
the committee or since they have been ( (j) good-will of a business, trade or pro-
the Government of Canada. fession shall be deemed to be situated at
pending on the Executive Calendar. 2. The present Convention shall also apply the place where the business, trade or pro-
Mr. HOLLAND. Madam _ President, substantially similar fession is principally carried on;
to any other taxes of a substantiall
will the -Senator yield? character imposed by either contracting (k) patents, trade-marks and designs shall
Mr. SPARKMAN. I yield. State subsequent to the date of signature be deemed to be situated at the place where
Mr. HOLLAND. I should like to ask of the present Convention. they are registered;
the Senator from Alabama if in any one ARTICLE II (1) copyright, franchises, and rights or
of these three treaties there is any - Where a person dies a citizen of the United licenses to use any copyrighted material, pat-
waiver of the provisions of the so-called States of America or domiciled in the United ent, trade-mark or design shall be deemed
Connally reservation. States of America or Canada, the situs of to be situated at the place- where the rights
Mr. -SPARKMAN. No; there is not. any rights or interests, legal or equitable, in arising therefrom are exercisable;
or over any of the following classes of (m) rights ex delicto or causes of action
U PHRE I thank the Senator. prop- ex delicto surviving to the benefit of the
Mr. HOLLAND.
Mr. be H no d ubt In order, that there ertare which deemed for to the form part purposes of the tax estate form of estate of any deceased or his legal repre-
may be no doubt as to the action or are shall be deemed to be situated at
we will take, in line with the explana- on such his dn peror shall, pass for or are the -peemed purposes to of the pass the place where such rights or causes of
death, tion -given by the Senator from Ala- imposition of tax on the basis of situs of action arose, and other rights or causes of
bama [Mr. SPARKMAN], I ask unanimous property within the taxing State and for the action so surviving shall be deemed to be
consent that the treaties on the Execu- purposes of the credit to be allowed under situated at the place where, at the time of
tive Calendar, which will be before the Article V, be determined exclusively in ac- the death of the deceased, the person against Senate in a moment, be voted on en cordance with the following rules, but in whom to the was right or ordinarily cause resident of of action is if en-
cases not within such rules the altos of such cfor or, ompany, then at the place where the com-
The PRESIDING OFFICER. Without rights or interests shall be determined for
these purposes in accordance with the laws pany is incorporated;
objection, it is so ordered. - In force in the other contracting State: (n) judgment debts shall be deemed to be
Mr. HUMPHREY. Of course, there situated at the -place where the judgment
(a) immovable property (except any right is recorded; and
will be a yea-and-nay vote on the or Interest therein by way of security) shall (o) superannuation and pension benefits
treaties. be deemed to be situated at the place where payable or granted on or after the death of
Mr. RUSSELL. Madam President, such property is located; the deceased in respect thereof shall be
will the Senator yield? (b) tangible movable property (except demed to be situated at the place where
Mr. HUMPHREY. I yield. any right or interest therein by way of the deceased was domiciled at the time of
Mr. RUSSELL. Does the Senator an- security and except any tangible movable his death;
ticipate any opposition? Representa- property for which specificprovision is made provided that this Article shall not be con-
in any subsequent paragraph of this Arti- strued so as to increase the tax imposed
cle) , and, in any case, bank or currency notes by either contracting State.
waiting in the Armed Services Commit- and other forms of currency recognized as
tee room for more than an hour now. legal tender in the place of issue, shall be ARTICLE In
. - Mr. HUMPHREY. We will have a deemed to be situated at the place where 1. Allowance for debts shall be determined
yea-and-nay vote. - I anticipate no op- such property was located at the time of in accordance-with-the laws of the contract-
position to any one of these treaties. death, or, if in course of transit at that time, ing State imposing the tax.
Mr. RUSSELL. If opposition does de- ? at the place of intended destination; 2. Where a contracting State imposes tax
velop, will the Senator call me? (c) debts whether secured or unsecured by reason of a decedent being domiciled
and whether under seal or otherwise (includ- therein or being a citizen thereof, no dis-
Mr. U . Yes. ing bills of exchange and promissory notes, tinction shall be made between organizations
Mr. R RUSSELLSSELL.. I thank the Senator, whether negotiable or otherwise, but not in- created in that State and organizations cre-
Mr. DIRKSEN. Madam President, I eluding any form of indebtedness for which ated in the other contracting State in the
wonder if the acting majority leader specific provision is made in any subsequent allowance ofany deduction authorized by its
would be good-enough to ask unanimous paragraph of this Article), shall be deemed statute for a bequest, legacy, devise, or trans-
consent that action on each treaty be to be situated at the place where the debtor fer madefor exclusively religious, charitable,
was ordinarily resident at the time of death, scientific, literary, or educational purposes.
shown separately in the RECORd, by or, where the debtor is a company, then at 3. Domicile shall be determined in accord-
showing the supporting yea-and-nay the place where the company is incorporated; ance with the laws of the contracting State
vote for each treaty, so that an ade- (d) deposit accounts with a bank, trust imposing the tax on the basis of domicile.
quote record may be made. company, loan company, or other similar in- ARTICLE IV
Mr. HUMPHREY. I ask unanimous stitution shall be deemed to be situated at 1. Where the United States imposes tax
consent that that may be done. the place where the institution or branch solely by- reason of the property being situ-
The PRESIDING OFFICER. Without thereof in which the account was kept is ated therein, the United States shall, if the
objection, it is so ordered, located; decedent was domiciled in Canada,
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Wednesday, January 31, 1962
Daily Digest
HIGHLIGHTS
Both Houses received President's message on agriculture.
Senate confirmed CIA Director nomination and ratified three treaties.
House passed motor carriers registration bill.
Senate
Chamber ,Action
Routine Proceedings, pages 1133-1157
Bills Introduced: 12 bills and 4 resolutions were intro-
duced, as follows: S.',2770-278i; S.J. Res. 150; and
S. Res. 288-29o. Page 1136
Bills Reported: Reports were made as follows:
S. Res. 235, 236, 251, 273, 289, 268 (with an amend-
ment), and 276 (with an amendment) (S. Repts.
1156-1162) '(see item of Committee on Rules and Ad-
ministration under "Committee Meetings" in today's
DIGEST) ;
S. 16o, 1273, 1499, 1520, 1684, 1756, 2018, 2155, 1397,
1578, 2165, H.R. 2147, 2973, 3710, 4194, 4211, 4280, 4381,
4876, 5181, 5324, 6013, 6,20, and 6226, private bills
(S. Repts. 1163-1186) ;
H.R. 6243, to permit Guam to enter interstate crim-
inal law compacts (S. Rept. 1187) ;
H.R. 6644, 6938, 7473, 7740, 8325, and 8779, private
bills (S. Repts.1188-1193); and
Report of Joint Committee on Internal Revenue Tax-
ation entitled "Report on the Renegotiation Act of
1951"-referred to Committee on Finance.
Pages 1135-1136.
Bill Referred: One House-passed bill was referred to
appropriate committee. Page 1139
Bill Placed on Calendar: H.R. 8900, assistance to pub-
lic and other nonprofit institutions of higher education
in financing construction, rehabilitation, or improve-
ment of needed academic facilities, was ordered to be
placed on calendar. Page 1133
President's Message-Agriculture: President's mes-
sage transmitting legislative recommendations on agri-
culture was received-referred to Committee on Agri-
culture and Forestry. Pages 1177-1180
Maine Bridge: Senate passed without amendment
S. 512, to extend the time for completion of the free
highway bridge between Lubec, Maine, and Campo-
bello Island, New Brunswick, Canada. Pages 1183-1184
Higher Education: Senate made its unfinished busi-
ness S. 1241, authorizing Federal financial assistance for
institutions of higher education. Page 1177
Treaties Ratified: By unanimous vote of 84 yeas, Sen-
ate adopted en bloc resolutions of ratification of the fol-
lowing three treaties:
Convention between the U.S. and Canada, signed at
Washington on February 17, 1961 (Ex. G,, 87th Cong.,
1st secs.);
International Convention for the Northwest Atlantic
Fisheries, done at Washington on April 24,1961 (Ex. M,
87th Cong., 1st sess.); and
Protocol, dated at Montreal June 21, 1961, relating to
an amendment to the Convention on International Civil
..Ayiation (Ex. N, 87th Cong., 1st sess.). Pages 1171-1176
Confirmation-CIA: After further debate, Senate con-
firmed, by 71 yeas to 12 nays, nomination of John A.
McCone, of California, to be Director of Central In-
telligence. Page 1190
ominations: The following nominations w
ceived: James J. Saxon; of Illinois, to be Comptroller of
the Currency; one judicial; one Navy; three Coast
Guard; and seven Coast and Geodetic Survey nomi-
nations. Page 1190
Record Votes: Two record votes were taken during
Senate proceedings today. Pages 1171, 1175-1176
Program for Friday: Senate met at noon and ad-
journed at 4:07 p.m. until noon Friday, February 2,
when it will consider S. 1241, higher education aid.
Pages 1171, 1190
Committee Meetings
(Committees not listed did not meet)
NAVY PROGRAMS
Committee on Armed Services: Committee met in exec-
utive session to receive testimony on programs for the
Naval Establishment for fiscal year 1963. Witnesses
heard were Secretary Fred Korth; Adm. George W.
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Anderson, Jr., Chief of Naval Operations; Gen. David
M. -Shoup, Commandant, U.S. Marine. Corps; Vice
Adm. William F. Raborn, Director of Special Projects,
Bureau of Naval Weapons; Rear Adm. P. D. Stroup,
Chief, Bureau of Naval Weapons; Vice Adm. Robert B.
Pirie, Deputy CNO (Air) ; Capt. Hugh K. Laing, Air-
craft Programs Branch; and Lt. Col. David W. Thom-
son, U.S. Marine Corps.
Committee will meet again tomorrow at-10:30 a.m. to
hear other Navy officials; and at 2 P.M. to hear Air
Force officials on programs for their Department.
MILITARY CENSORSHIP
Committee on Armed Services: Special Preparedness
Subcommittee continued its hearings on military cold
war education activities and censorship of military
speeches, having as its witnesses Willis D. Lawrence,
and Charles W. Hinkle, both of the Office of the Assist-
ant Secretary, of Defense for Public Affairs.
Hearings continue tomorrow.
MEDICAL CARE FOR THE AGED, AND
NOMINATIONS
Committee on Finance: Committee, in executive session,
ordered favorably reported the nominations of Ben
David Dorfman, of the District of Columbia, to be a
member of the U.S. Tariff Commission; James Allan
Reed, of Massachusetts, to be an Assistant Secretary of
the Treasury; Andrew M. Bacon, of Louisiana, to be
comptroller of customs, with headquarters at New Or-
leans; John A. Vaccaro, of New York, to be surveyor of
customs, with headquarters at New York City; and the
following nominees to be collectors of customs: -Samuel
S. Wyatt, of Tennessee, with headquarters at. Memphis;
Sam D. W. Low, of -Texas, with headquarters at Galves-
ton; Craig Pottinger, of Arizona, with headquarters at
Nogales; Minnie M. Zoller, of Texas, with headquarters
at Port Arthur; Charles H. Kazen, of Texas, with head-
quarters at Laredo; Eugene V. Atkinson, of Pennsyl-
vania, with headquarters at Pittsburgh; and William W.
Knight, of Alaska, with headquarters at Juneau.
The committee, by a vote of 13 yeas, agreed to hold
prompt hearings on medical care for the aged as soon
,as the bill is received from the House. By a vote of 10
nays to 7 yeas, committee rejected a motion that hearings
be held on S. gog (which incorporates the President's
recommendations on this matter) not later than April
1, regardless of whether the House had acted on the
identical bill now pending in the House Committee on
Ways and Means.
CONGO
Committee on Foreign Relations: Subcommittee on
African Affairs resumed, inexecutive session, its hear-
ings on the Congo situation, with further testimony
from Assistant Secretary of :State for African Affairs
G. Mennen Williams. -
Hearings continue on Friday, February 2.
PUBLIC LANDS
Committee on Interior and Insular Affairs: Subcommit-
tee on Public Lands held hearings as follows:
On S. 703, -a private bill, with testimony from Senator
Bartlett, and Irving Senzel, Bureau of Land Manage-
ment, Department of the Interior;
On S. 1485, authorizing the Secretary ofthe Interior
to sell certain public lands in Idaho; S. 2479, providing
for the satisfaction of claims arising out of scrip, lieu
selection, and similar rights; and S. 2575, repealing obso-
lete laws relating to military bounty land warrants, with
testimony thereon from James F. Doyle, Assistant
Director, Bureau of Land Management;
On S. 2164, authorizing the Secretary of the Interior to
cooperate with the First World Conference on National
Parks, with testimony from Daniel Beard, Assistant
Director, National Park Service, and C. R. Gutermuth,
Wildlife Management Institute; and
On S. 1065, a private bill, and H.R. 4380, to quiet
title and possession to an unconfirmed and located
private land claim in Louisiana, with testimony from
Irving Senzel.
COMMITTEE BUSINESS -
Committee on the judiciary: Committee, in executive
session, ordered favorably reported H.R. 6243, to permit
Guam to enter interstate criminal law compacts; the
nominations of Walter P. Gewin, of Alabama, to be U.S.
circuit judge, fifth circuit; Clarence W. Allgood, to be
U.S. district judge, northern district of Alabama; Griffin
B. Bell, of Georgia, to be U.S. circuit judge, fifth circuit;
Robert D. Smith, Jr., to be U.S. attorney forthe eastern
district of Arkansas; Charles Conway, to be U.S. attor-
ney for the western district of Arkansas; Nathan S. .
Heffernan, to be U.S. attorney for the western district of
Wisconsin; Clinton N. Ashmore, to be U.S. attorney for
the northern district of Florida; John M. Imel, to be U.S.
attorney for the northern district of Oklahoma; Joseph
W. Keene, to be U.S. marshal for the western district of
Louisiana; Richard J. Jarboe, to be U.S. marshal for the
southern district of Indiana; and Raymond F. Farrall, of
Rhode Island, to be Commissioner of Immigration and
Naturalization; 11 private immigration bills (S. 1273,
1397, 1499, 1520,-1578, 2155, H.R. 2973, 4211, 4280, 5324,
and 6226) ; 20 private claims bills (H.R. 2147, 3710, 4194,
4381, 4876, 5181, 6o13, 6120, 6644, 6938, 7473, 7740, 8325,
8779, 16o, 1684, 1756,2018, and S. 2165) ; and an original
resolutionrequesting rereferral of S. 17 to the Court of
Claims.
Committee also approved an original resolution au-
thorizing $100,000 for its Subcommittee on Refugees and
Escapees; and an original resolution for reprinting a
drug report of the Subcommittee on Antitrust and
Monopoly. -
Committee indefinitely postponed further action on
S. 483 and S. 1257, bills to extend the Civil Rights Com-
mission; S.J. Res. 15, proposing a constitutional amend-
ment relative to terms of the President; S. 583, 1510,
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United States
of America
Vol. 108
Con ressional Record
PROCEEDINGS AND DEBATES OF THE 87th CONGRESS, SECOND SESSION
WASHINGTON, MONDAY, JANUARY 29, 1962
Senate
The Senate met at 12 o'clock noon,
and was called to order by the Vice
President.
The Chaplain, Rev. Frederick Brown
Harris, D.D., offered -the following
prayer:
Eternal God, our Father, as with our
hands filled with the perplexing tasks
of the present we turn to Thee for
strength, may our eyes not be oblivious
to the beauty that blooms by the side
of today's pathway-for the glory of the
way, as well as its obligations, is Thy gift.
And now as our earth spins in space
and another day is before us, so soon to
be behind us forever, we know that only
this once can we seize the day for which
now we crave Thy blessing and approval.
May we live it in the light of the
yesterdays into whose labors we have
entered, as the past warns us by its
errors, informs us by its achievements,
and inspires us by its sacrifices.
In our stewardship of today, and of
the days to be that may be granted, we
are thankful for the friends whose faith
calls out the hidden best that is in us,
for children who call us by the holiest
name men and women may ever know,
and for the challenge to our utmost, in
which we rejoice as strong men prepar-
ing to run a race.
Thus, before our little day ebbs out
and our work is done, with patience and
courage may we serve the present age
our calling to fulfill.
We ask it in the Redeemer's name.
Amen.
THE JOURNAL
On request of Mr. MANSFIELD, and by
unanimous consent, the reading of the
Journal of the proceedings of Thursday,
January 25, 1962, was dispensed with.
Messages in writing from the Presi-
dent of the United States submitting
nominations were communicated to the
Senate by Mr. Miller, one of his
secretaries.
MESSAGE FROM THE HOUSE-EN-
ROLLED BILL SIGNED
A message from the House of Repre-
sentatives, by Mr. Bartlett, one of its
reading clerks, announced that the
Speaker had affixed his signature to the
enrolled bill (H.R. 157) to change the
name of the Playa del Rey Inlet and
Harbor, Venice, Calif., to the Marina del
Rey, Los Angeles, Calif., and it was
signed by the Vice President.
EXECUTIVE SESSION
Mr. MANSFIELD. Mr. President, I
move that the Senate proceed to the
consideration of executive business, to
consider the nominations on the Execu-
tive Calendar.
The motion was agreed to; and the
Senate proceeded to the consideration
of executive business.
EXECUTIVE MESSAGES REFERRED
The VICE PRESIDENT laid before
the Senate messages from the President
of the United States submitting sundry
nominations, which were referred to the
appropriate committees.
(For nominations this day received,
see the end of Senate proceedings.)
EXECUTIVE REPORT OF
COMMITTEES
The following favorable reports of
nominations were submitted:
By Mr. HILL, from the Committee on
Labor and Public Welfare:
Francis A. O'Neill, Jr., of New York, to be
a member of the National Mediation Board.
EXECUTIVE REPORTS OF COMMIT-
TEE ON ARMED SERVICES
Mr. RUSSELL. Mr. President, from
the Committee on Armed Services, I re-
port favorably the nominations of 1 gen-
eral, 4 lieutenant generals, and 1 major
general, for special assignment in the
Army; 1 general, and 4 lieutenant gen-
erals to be placed on the retired list of
the Army; 1 officer to be a temporary
brigadier general in the Army; 4 lieu-
tenant generals for special assignment
in the Air Force, and 1, general to be
placed on the retired list of the Air
Force; 120 officers in the rank of briga-
dier general and major general, for tem-
porary and permanent appointment in
the Air Force; the permanent promotion
in the Navy of 26 rear admirals, and per-
manent appointment in the Marine
Corps of 5 major generals and 8 brigadier
generals. I ask unanimous consent that
these names be placed on the Executive
Calendar.
The VICE PRESIDENT. The report
will be received, and the nominations
will be placed on the Executive Cal-
endar.
The nominations are as follows:
Maj. Gen. Robert John Fleming, Jr.,
U.S. Army, for appointment as Governor of
the Canal Zone;
Lt. Gen. Paul DeWitt Adams, U.S. Army,
to be assigned to a position of importance
and responsibility designated by the Presi-
dent;
Maj. Gen. Samuel Leslie Myers, U.S. Army,
Maj. Gen. John Phillips Daley, U.S. Army,
and Maj. Gen. William Wilson Quinn, U.S.
Army, to be assigned to positions of impor-
tance and responsibility designated by the
President, in the rank of lieutenant generals;
Augustus G. Elegram, for appointment as
a temporary brigadier general in the Army
of the United States, and for reappointment
as colonel in the Regular Army of the United
States, from the temporary disability re-
tired list;
Gen. Bruce Cooper Clark, Army of the
United States (major general, U.S. Army),
and sundry other officers, to be placed on
the retired list;
Charles B. Brooks, Jr., and sundry other
officers of the Regular Navy, for permanent
promotion to the grade of rear admiral;
Leroy J. Alexanderson, and Grant G. Cal-
houn, officers of the Naval Reserve, for per-
manent promotion to the grade of rear ad-
miral;
Alpha L. Bowser, and sundry other officers
of the Marine Corps, for permanent appoint-
ment to the grade of major general;
Thomas F. Riley, and sundry other officers
of the Marine Corps, for permanent appoint-
ment to the grade of brigadier general;
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CONGRESSIONA RECORD - SENATE January 29
Gen. Charles P. Cabell, (major general,
Regular Air Force), U.S. Air Force, to be
placed on the retired list In the grade Of
general;
Maj. Gen. Bruce S. Holloway, Regular Air
Force,Maj? Gen. James Ferguson, Regular
Air Force, Maj. Gen. Harvey T. Alness, Reg-
ular Air Force, and Maj. Gen. Thomas S.
Moorman, Jr., Regular Air Force, to be as-
signed to positions of importance and re-
sponsibility designated by the President, in
the rank of lieutenants. general;
Maj. Gen. John S. Hardy (brigadier gen-
eral, Regular Air Force) , U.S. Air Force, and
sundry other officers, for appointment in
the Regular Air Force; and
Brig, Gen. Don Coupland, Regular Air
Force, and sundry other officers, for tem-
porary appointment in. the 'U.S. Air Force.
Mr.-RUSSELL. Mr. President, I also
report favorably the nominations of 397
officers in the grade of lieutenant colonel
and below, for promotion and appoint-
ment in the Army. All of these names
have already appeared in the CONGRES-
SIONAL RECORD. In order to save the
expense of printing on the Executive
Calendar, I ask unanimous consent that
they be ordered to lie on the Secretary's
desk for the information of any. Senator.
The VICE PRESIDENT. The report
will be received, and, without objection,
the nominations will lie on the desk, as
requested by the Senator from Georgia.
The nominations are as follows:
Therese A. Quinby, for promotion in the
Regular Army of the United States;
Ronald P. Abreu, and sundry other officers,
for promotion in the Regular Army of the
United States;
Clifton F. Vincent, for reappointment as
a captain in the Regular Army of the United
States, from the temporary disability re-
tired list;
Robert C. Hamilton, and sundry other
persons, for appointment in the Regular
Army of the United States; and
John R. Allen, and sundry other distin-
guished military students, for appointment
in the Regular Army of the United States.
Mr. RUSSELL. Mr. President, also
from,the Committee on Armed Services,
I report favorably the nominations of 27
major generals-and 51 brigadier generals
for temporary appointment in the Army.
I ask that these names be placed on the
Executive Calendar.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
The nominations are as follows:
-Brig. Gen. Carl Darnell, and sundry other
officers for temporary appointment in the
Army of the United States.
The VICE PRESIDENT. If there be
no further reports of committees, the
nominations on the Executive Calendar
will be stated.
MEMBER, BOARD OF GOVERNORS,
FEDERAL RESERVE SYSTEM
The Chief Clerk read the -nomination
of George W. Mitchell, of Illinois, to be
a member of the Board of, Governors of
the Federal Reserve System for a term
of -14 years from February 1, 1962.
The VICE PRESIDENT. Without ob-
jection, the nomination is confirmed.
AMBASSADOR
The Chief Clerk read the nomination
of William E. Stevenson, of Colorado, to
be Ambassador Extraordinary and
Plenipotentiary of the United States of
America to the Philippines.
The VICE PRESIDENT. Without ob-
jection, the nomination is confirmed.
The Chief Clerk read the nomination
of William A. Crawford, of the District
of Columbia, a Foreign Service officer of
class 1, to be Envoy Extraordinary and
Minister Plenipotentiary of the United
States of America to Rumania.
The VICE PRESIDENT. Without ob-
jection, the nomination is confirmed.
SECRETARY OF THE NAVY
The Chief Clerk read the nomination
of Fred Korth, of Texas, to be Secretary
of the Navy.
The VICE PRESIDENT. Without ob-
jection, the nomination is confirmed.
RAL
l
INTELLIGENCE of Chester Bowles, of Connecticut, to be
The Chief Clerk read the nomination
of John A. McCone, of California, to be
Director of Central Intelligence.
Mr. MANSFIELD. Mr. President, I
I ask that this nomination be placed at
the foot of the calendar.
The VICE PRESIDENT. Without ob-
jection, it is so ordered.
ASSISTANT SECRETARY OF THE AIR
FORCE
The Chief Clerk read the nomination
of Neil E. Harlan, of Massachusetts, to
be an Assistant Secretary of the Air
Force.
The VICE PRESIDENT. Without ob-
jection, the nomination is confirmed.
The Chief Clerk read the nomination
of Frederick G. Dutton, of California, to
be an Assistant Secretary of State.
The VICE PRESIDENT. Without ob-
jection, the nomination is confirmed.
UNDER SECRETARIES OF STATE
- The Chief Clerk read the nomination
of George W. Ball, of the District of
Columbia, to be Under Secretary of
State.
The VICE PRESIDENT. Without ob-
jection, the nomination is confirmed.
The Chief Clerk read the nomination
of George C. McGhee, of Texas, to be
Under Secretary of State for Political
Affairs.
The VICE PRESIDENT. Without ob-
jection, the nomination is confirmed.
REPRESENTATIVE ON THE POPULA-
TION COMMISSION OF THE ECO-
NOMIC AND SOCIAL COUNCIL OF
THE UNITED NATIONS
The Chief Clerk read the nomination
of Dr. Ansley J. Coale, of New Jersey, to
be the representative of the United
States of America on the -Population
Commission of the Economic and Social
Council of the United Nations.
the President's special representative and
adviser on African, Asian, and Latin
American affairs, and Ambassador at
Large.
The VICE PRESIDENT. Without ob-
jection, the nomination is confirmed.
U.S. AMBASSADORS
The Chief Clerk proceeded to read
sundry nominations of ambassadors.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that these nom-
inations be considered en bloc.
The VICE PRESIDENT. Without ob-
jection, the nominations of ambassadors.
will be considered en bloc; and, without
objection, they are confirmed.
.Mr. MANSFIELD. Mr. President, I
ask unanimous consent that the Presi-
dent be immediately notified of the ac-
tion taken by the Senate in confirming
these various nominations.
The VICE PRESIDENT. Without ob-
jection, the President will be notified
forthwith.
TRANSACTION OF LEGISLATIVE
BUSINESS
By unanimous consent, as in legisla-
tive session, the following routine busi-
ness was transacted:
EXECUTIVE COMMUNICATIONS,
ETC.
The VICE PRESIDENT laid before
the Senate the following letters, which
were referred as indicated:
REPORT ON OFFICERS ASSIGNED TO PERMANENT
DIITY IN THE EXEcuTIVE ELEMENT OF THE
AIR FORCE AT THE SEAT OF GOVERNMENT
A letter from the Secretary of the Air
Force, reporting, pursuant to law, that, as of
December 31, 1961, there was an aggregate of
2,280 officers assigned or detailed to perma-
nent duty in the executive element of the
Air Force at the seat of government; to the
Committee on Armed Services.
REPORT of BOARD OF VISITORS TO U.S. NAVAL
ACADEMY
A letter from the Secretary to the Board
of Visitors, U.S. Naval Academy, Annapolis,
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The VICE PRESIDENT. Without ob-
j ection, the nomination is confirmed.
U.S. ARMS CONTROL AND DISARMA-
MENT AGENCY
The Chief Clerk read the nomination
of William C. Foster, of the District of
Columbia, to be Director of the U.S.
Arms Control and Disarmament Agency.
The VICE PRESIDENT. Without ob-
jection, the nomination is confirmed.
The Chief Clerk read the nomination
of Adrian S. Fisher, of the District of
Columbia, to be Deputy Director of the
U.S. Arms Control and Disarmament
Agency.'
The VICE PRESIDENT. Without ob-
jection, the nomination is confirmed.
PRESIDENT'S SPECIAL REPRESENT-
ATIVE AND ADVISER ON AFRICAN,
ASIAN, AND LATIN AMERICAN AF-
FAIRS, AND AMBASSADOR AT
-----1 LARGE
the Ch
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1962 CONGRESSIONAL RECORD - SENATE
The radicals of the right fulfill none of
these criteria. They are at odds with the
purposes which are our strength and our
hope-freedom and democracy.
I do not propose that committees of Con-
gress caravan about the country conducting
investigations into the activities of the
radical right. I believe we have had enough
investigations into the political beliefs of
free American citizens.
I do propose, however, that all Americans
who cherish liberty and democracy become
alert to the danger from the right and de-
fend in their communities the right of their
neighbors to speak their views, however un-
popular they may be. Free discussion is the
lamp that lights democracy. Its glow must
not be dimmed under a shroud of fear.
THE PEACE CORPS
Mr. YOUNG of Ohio. Mr. President,
in the last session I supported the pro-
gram of the Peace Corps and went along
with its personable and really outstand-
ing Director, Sargent Shriver, supporting
the appropriation he sought. Now may
I confess my faith and confidence has
been somewhat shaken, although not
shattered.
As a Senator of the United States, Mr.
President, in referring in a questioning
and critical manner to the Peace Corps,
I fear that, like Moses on Mount Horeb,
I am treading on holy ground. In the
fifth chapter of Joshua it is written:
"And the captain of the Lord's host said
to Joshua, 'Loose thy shoe from off thy
foot; for the place whereon thou stand-
est is holy.' " Also in Exodus, chapter 3,
I believe, Moses as - he was directed,
"came to the Mountain of God, even to
Horeb."
Well, Mr. President, my shoe is loosed
off my foot and I report to you sir, that
I take a dim view of officials of the
Peace Corps directing subordinates that
they may, when they see fit, classify re-
ports and memorandums "top secret,"
"secret," and "confidential," "not for
publication," and all that sort of thing,
ad nauseam.
In my judgment, Sargent ShHver,
Director of this outfit, should back up,
repudiate, and withdraw any directive of
this sort-immediately.
My constituents and I, as their public
servant, are entitled to know the Facts
regarding the successes and failures of
this governmental agency concerning
which there has been so much favorable
propaganda.
Does anyone really claim that the
Peace Corps is a policymaking agency
of our Government? This noble experi-
ment may go the way of another so-
called noble experiment if its Director
enforces a protective screen against re-
porting regarding the work, or failure to
work, of the teachers, thoughtful, dedi-
cated individuals and "do-gooders" who
are enrolled in the Peace Corps. Let the
people know the truth.
I seriously question the claim, if such
claim is advanced by officials of the
Peace Corps, that the enrolled youths,
young men and women, or the Peace
Corps itself sometimes conduct "very
delicate diplomatic negotiations with
many different countries."
We have a State Department and a
Foreign Service and Ambassadors of the
United States everywhere in the world.
No nation, emerging or established, how-
ever remote, seems to be off limits to an
American Embassy and to members-
plenty of them-of our diplomatic corps,
and the sun never sets on our military
missions. Let us call a halt to any claim
that the Peace Corps has authority to
conduct "-very delicate diplomatic nego-
tiations with many different countries."
I have confidence in our Armed Forces
and in our State Department. Their ac-
tivities, directives, and reports may fre-
quently be classified "top secret," "se-
cret," and "confidential." However, Mr.
President, let us have no classified "top
secret," "secret," "confidential" and "not
for publication" emanations from pub-
licity men of our Peace Corps. In fact,
if the Peace Corps does the job we expect
of it, and for which our taxpayers are
paying, I know of no reason for their
need of publicity men.
Mr. President, in support of my views,
I ask unanimous consent to include at
this point in the RECORD, as a part of my
remarks, an editorial recently published
in the Daily News of Washington, D.C.,
a Scripps-Howard newspaper.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
Fort WHOSE EYES ONLY?
Peace Corps activities, it develops, can be
classified "top secret," "secret, " "confiden.
tial," "not for publication" and all that sort
of thing.
What have we here-another policy-
making outfit of the Government operating
behind the old protective screen when it
chooses? We thought the Peace Corps was
going to be perfectly transparent as it went
about its deeds of openhanded goodness in
the underdeveloped countries.
But hardly so, according to a spokesman
as quoted by the United Presq International.
It seems the secrecy order is necessary be-
cause Sargent Shriver's youths or the Corps
itself sometimes conduct "very delicate
diplomatic negotiations with many different
countries." .
We thought that business was reserved for
the State Department and Representative
JouN Moss' House Information subcommit-
tee seems justified in asking how come. The
only "delicacy" we've heard so far is the
question of whether Peace Corpsmen should
be sent to Japan, or whether Japan wants
them, Admittedly it is a sort of delicate
question whether Japan is an underde-
veloped nation, what with its unprecedented
industrial boom-to the extent that we send
five Cabinet members there to learn how a
country can get so prosperous.
The Moss committee should take a stiff-
necked look at this use of the "top secret"
stamps.
Mr. YOUNG of Ohio. Mr. President,
the Peace Corps is now nearly 1 year old.
It is, so to speak, on a shakedown cruise
in international waters.- I am sure we
wish it a peaceful, smooth, successful
voyage. Frankly, though, I believe the
Peace Corps already has hit a reef.
It was disturbing and disappointing
to me to read recently that Peace Corps
officials apparently wish to hide under
the protective blanket of secrecy.
Peace Corps officials evidently have
received permission to classify docu-
ments and reports as "top secret." The
grounds, as one Peace Corps spokesman
put it, according to the Washington Post
of January 23, 1962, are that the Peace
Corps conducts "very delicate diplomatic
negotiations with many different coun-
tries."
Mr. President, it is fair to wonder what
delicate - diplomatic negotiations the
Peace Corps is charged with, and why
should its negotiations be cloaked under
the top secret privilege?
If any organization and its activi-
ties should be completely open to pub-
lic scrutiny, it is the Peace Corps.
In enacting legislation creating the
Peace Corps, the Congress specifically
stated its purpose is to help promote
a better understanding of the American
people on the part of the peoples served
and a better understanding of other peo-
ples on the part of the American peo-
ple. - -
We had high hopes for the success of
the Peace Corps in helping do away with
misery, squalor, hunger, and disease in
underdeveloped areas of the Western
Hemisphere and elsewhere, and inci-
deritally to prove to people the world
over we were not Yankee imperialists,
but that ours is a way of life to enable
people of all races, traditions, and cul-
tures to live together in peace, friendship,
and contentment and to restore to down-
trodden peoples their simple dignity as
creatures of God. This purpose is not
served by secrecy.. Secrecy does not pro-
mote understanding. It limits it.
Nothing is to be gained by giving an-
other new bureaucracy the privilege of
secrecy, and I maintain that nothing
would be lost by denying it this privilege.
The Peace Corps should not even be op-
erating in aiy area remotely concerned
with secrecy.
It was represented to me that it sends
representatives to another country only
upon invitation. Though negotiations -
obviously may be necessary, what could
possibly be so delicate about them that
they must be kept secret from the Amer-
ican public? Shades of the Central In-
telligence Agency.
Beyond its delicate negotiations, Mr.
President, the Peace Corps-according
to the order granting it top-secret
status-has "a primary responsibility
for matters - pertaining to national
defense."
The definition of national defense has
to be stretched beyond credibility to ac-
cept this line of reasoning:
What relationship does the Peace
Corps bear to our national defense? I
see none in sending groups of Americans
to underdeveloped nations to teach, or to
help build public works. By these
standards we could constitute the Cub
Scouts of America as a Government
agency and give them top secret status
on the grounds of national defense.
In the early flush of enthusiasm over
the idealism of the Peace Corps, it was
believed volunteers would live at the
same level as citizens of the countries to
which they are assigned. In view of
this, I was shocked to read in the De-
cember 25, 1961, issue of Newsweek mag-
azine the following quote from a young
Peace Corps man serving in Ghana: "I've
got a huge bungalow with three bed-
rooms, living room, dining room, family-
size kitchen, huge bath facilities-the
works."
A Peace Corps Public Affairs Division
pamphlet declares housing for (volunteers
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CONGRESSIONAL RECORD -SENATE January 29
overseas will be simple and unostenta- _people be fully informed as to the total
tious, and in view of the fact that it compensation and fringe benefits -paid
costs American taxpayers approximate- to each person overseas including gay-
ly $9,000 a year to maintain a Peace ments made by various governments in
Corps volunteer, this Corps man's status addition to the cost directly borne by our
comes as startling news. citizens.
The young man gees on to say: r.~
I have acook-steward who fixes tl meals, AGREEMENT TO VOTE ON THE
twenty-two 40-minute periods that I each I NOMINATION OF JOHN A. McCONE
each week, my time is my own. TO BE DIRECTOR OF CENTRAL
Mr. President, when we consider the
hours of work our-fellow Americans put
in at their daily tasks, and when we
Senators consider-though we are not
complaining-the hours of work we put
in attempting to be good public serv-
ants, it is a little startling to read about
this young man, who said, "Except for
the twenty-two 40-minute periods that
I teach each week, my time is my own."
Mr. President, though I am sure this
is an exception, this enrollee of the
Peace Corps is enjoying a vacation in-
stead of participating in a noble ex-
periment in international relations.
In Ghana, it should also be -pointed
out, Peace Corps volunteers teachers re-
ceive nearly $2,000 a year living ex-
penses from the Ghanaian Government,
presumably to permit them to live on
a scale comparable to native teachers,
few of whom I am sure have a combina-
tion cook-steward. How much does the
Philippine Republic, pay to each Peace
Corps man in addition to the salary
and expenses paid by American tax-
payers?
As stated earlier, Mr. President, the
Peace Corps, only a year old, is still on
its shakedown cruise. In general, it has
been greeted with enthusiasm, and de-
servedly so. It is capable of a splendid
contribution to international under-
standing. -Let the people know the
truth. Is this an outfit of teachers and
do-gooders who are serving their country
for $75'a month rendering a real and
needful public service? Or, in various
underdeveloped countries are Peace
Corps men being paid- additional sal-
aries? If so, this money, to tell the
truth, also comes from our foreign as-
sistance funds. My constituents have a
right to answers to questions as to the
total cost of this program. What are
the fringe benefits Peace Corps men
receive?
May I further suggest that if a num-
ber of young men and women of the
Peace Corps are returned to this country
because of disability incurred in line of
duty -by disease or accident, American
citizens are entitled to know the facts-
whether it is contemplated disability
claims are likely to be paid and pensions
awarded during the coming 50 years or
more. What provision is contemplated
for the care of former Peace Corps men
who may suffer disability as long as they
live following their service overseas of
1 or 2 years? I shall not be around to
help foot the bill, but millions of our
children and grandchildren will sweat
and pay, and they deserve to receive and
should receive consideration.
In each country where the Peace Corps
has been invited and -is functioning 'I
ask that a complete report be made pub-
lic at frequent intervals and that our
Mr. MANSFIELD. Mr. President, if I
may have the attention of the Senate,
I should like to propound a unanimous-
consent request.
The PRESIDING OFFICER. The
Senatewill be in order.
Mr. MANSFIELD. I have discussed,
with those who are interested in the
nomination, the proposal I intend to
make. I am in receipt of a request from
a Senator who is very much interested in
the pending nomination. This colleague
of ours states he would deeply appreciate
postponement of the final vote on the
McCone nomination "until -my return."
It is my understanding that this Senator
is due to return at 9 o'clock this coming
Wednesday morning. In view of his
request, and based on the fact and my
understanding, I ask unanimous consent
that the vote on the McCone nomination
be undertaken at 2 o'clock on Wednesday
next.
The PRESIDING OFFICER. Is there
objection to the request of the Senator
from Montana?
Mr. JAVITS. Mr. President, will the
Senator yield?
Mr. MANSFIELD. I yield.
Mr. JAVITS. I had an experience with
the consent matters, I wish to say to my
colleague, the other day, when I was sit-
ting out in the lobby and a unanimous-
consent request with respect to a matter
which interested me was made and
granted and that was the end of that.
Mr. MANSFIELD. Mr.. President, if
the Senator will yield, I think he is
referring to me as the guilty party. I
was guilty. I did promise to notify the
Senator, but I forgot.
Mr. JAVITS. Mr. President, I was not
quite' finished. I ' never consider my
friend, the Senator from Montana, as
ever guilty to me. I respected what he
did. I know he forgot. I am sure of
that. I have no doubts about it.
I wish to ask the Senator a question.
Of course, I shall not insist with respect
to this unanimous-consent request, be-
cause I have given him no notice, but it
does seem to me we ought to have a prac-
tice in the Senate that every time there
is a unanimous-consent request of this
character for a vote, which cuts off
debate, we should have a live quorum. I
think the very least we can do, in the
interest of the minority alone, if one
would say that, is to give everybody a live
notice that a very important decision is
going to be reached by unanimous con-
sent.
As it is, Members at, their peril leave
the floor for 30 seconds, and a very im-
portant decision which affects them may
then be taken.
I shall not object, of course. I only
address these comments to the majority
leader as a request, as a suggestion from
one brother in arms to another. Ihope
it will be given what I think is fair
consideration, because it really is es-
sential in order to protect all Members
when we -go into,a busy session with lots
of very important decisions to be made
by unanimous consent.
Mr. MANSFIELD. Mr. President, I
think the Senator's request is worth con-
sideration. I shall be most happy to
discuss it with the minority leader.
The PRESIDING OFFICER. Is there
objection to the request of the Senator
from Montana? The Chair hears none
and it is so ordered.
UNANIMOUS-CONSENT AGREEMENT
FOR RECOGNITION OF THE SEN-
IOR SENATOR FROM LOUISIANA
AT THE CONCLUSION OF MORN-
ING BUSINESS, JANUARY 30_1962
1962
Mr. MANSFIELD. Mr. President,
one of our colleagues, the distinguished
senior Senator from Louisiana [Mr.
ELLENDER], makes a trip every year to
various parts of the world, and comes
back with voluminous and detailed re-
ports. It has been my belief that for
all too many years we have not paid
enough attention to the reports by our
distinguished colleague. I should like,
therefore, to ask unanimous consent at
this time that at the conclusion of the
morning hour tomorrow the senior Sen-
ator from Louisiana be recognized to
make a report which I think will be
worth the attention of all Members of
the Senate.
The PRESIDING OFFICER. Is there
objection to the request of the Senator
from Montana?
Mr. JAVITS. Mr. -President, will the
Senator yield?
Mr. MANSFIELD. I yield.
Mr. DAVITS. I have asked the Sen-
ator to yield so that I may understand
the request. There will be proceedings,
I say to my colleague, in connection
with the morning hour tomorrow.
Mr. MANSFIELD. Yes.
Mr. JAVITS. Which might involve
some debate.
Mr. MANSFIELD. Yes.
Mr. JAVITS. Do I correctly under-
stand that that debate, is to take place
before the unanimous-consent request is
to take effect?
Mr. MANSFIELD. Yes. The unani-
mous-consent agreement would take ef-
fect at the conclusion of the morning
hour or the morning business.
The PRESIDING OFFICER. Is
there objection? The Chair hears none
and it is so ordered.
BILL OF RIGHTS CONTEST
WINNERS
Mr. DIRKSEN. Mr. President, every
year .- the South Chicago Chamber of
Commerce conducts an essay contest on
the subject of Americanism. Some of
these essays are extremely well done. I
have been advised by Mr. Vincent L.
Knaus, chairman of the Americanism
Committee of the South Chicago Cham-
ber of Commerce, that Mr. Richard
Sklenar, 10239 Morgan, a sophomore at
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1962 CONGRESSIONAL RECORD - SENATE
Missouri," by Henry C. Hart, University of
Wisconsin Press; "Toward Responsible Gov-_
ernment," by Edward F. Renhaw, Idyia
Press, Chicago; publications of Resources for
the Future, Inc., and the Conservation Foun-
dation; proceedings of the western resources
conference, published by the University of
Colorado Press.
UKRAINIAN INDEPENDENCE DAY
Mr, PROXMIRE. Mr. President, this
year we celebrate the 44th anniversary
of the historic independence day of the
great Ukrainian people. It is a sad fact
of history that the liberty-loving people
of the Ukraine experienced freedom and
self-government for only 2 years, from
1918 to 1920. This brief period of inde-
pendence was the culmination of a strug-
gle for self-determination which began
in the 17th century, and endured for
more than 300 years. The people of this
nation struggled against great odds to
establish their homeland as a free, inde-
pendent state. Repeatedly their efforts
were blocked by their neighboring states.
When they finally succeeded, in 1918, it
was to be for a.heart-breakingly short
period. Yet the people of this nation
continue to believe in and yearn for
freedom and independence:
Americans of Ukrainian descent, in
Wisconsin and elsewhere in our Nation,
look back through these 44 years to the
time when their country was independ-
ent. All of us today know and admire
their marvelous cultural attainments,
their personal self-reliance and strength,
and their devotion to freedom and inde-
pendence. These are treasured Ameri-
can traits, as well. We are all the better
for having them added to our national Senate confirmation would not be so
character. I' critical as it is.
The great Ukrainian poet, Taras
Schevchenko, by his life and by his writ-
ings, reminds us all of the greatness and
the unfulfilled hopes of his people. On
this anniversary of Ukrainian Independ-
ence, I salute his memory, and the mem-
ory of a nation, which though briefly in-
dependent, has left its mark on history.
EXECUTIVE SESSION
The Senate resumed the consideration
of executive business.
DIRECTOR OF CENTRAL
INTELLIGENCE
Mr. MANSFIELD. Madam President,
I suggest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The Chief Clerk proceeded to call the
roll.
Mr. MANSFIELD. Madam President,
I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without
objection, it is so ordered. '
Mr. McCARTHY. Madam President,
in introducing this nomination to the
Armed Services Committee, the chair-
man of the committee, the Senator from
Georgia [Mr. RUSSELL], said with refer-
ence to the Office of Director of the
Central Intelligence Agency:
This office is perhaps second only to the
Presidency in its importance.
Certainly it is.
This is one of the most important con-
firmations which the Senate is called
upon to make. In my opinion, it ranks
in importance ahead of most Cabinet
confirmations for several reasons: the
importance of the work of the CIA, the
relative freedom of action given the head
of the CIA and to his subordinates, and
the lack-a very serious lack-under ex-
isting practice, of any continuing direc-
tion or of effective review of CIA activi-
ties by the Congress.
I have in the past supported and ad-
vocated establishment of a joint commit-
tee of the Congress to exercise continu-
ing supervision over the activities of the
CIA, somewhat in the same manner that
the Joint Committee on Atomic Energy
operates.. If such a committee existed,
the choice of the head of the CIA and
There is no regular or normal pro-
cedure in existence or in use today by
which committees of the Congress are
consulted or informed of CIA activities.
During a discussion of a proposed Joint
Committee on Central Intelligence on
the floor of the Senate on April 9, 1956,
the Senator from Montana [Mr. MANS-
FIELD] asked:
How many times does CIA request a meet-
ing with the particular subcommittees of
the Appropriations Committee and the
Armed Services Committee.
The Senator from Massachusetts [Mr.
SALTONSTALL], a member of both com-
mittees, replied:
At least twice a year that happens in the
Armed Services Committee and at least once
a year it happens in the Appropriations
Committee.- I speak from my knowledge
during the last year or so.
Obviously there is no regular proce-
dure. Certainly there is no indication of
any kind of current and continuous
supervision and consultation.
Intelligence activities raise special
problems and need special attention. I
would like to quote significant passages
from an article by Harry Howe Ransom
in the New York Times magazine, May
21, 1961:
Central Intelligence today has three prin-
cipal functions: intelligence collection, its
analysis and communication to policy-
makers, and clandestine foreign political
operations. The increasing necessity of
925
these activities is attributable to three
major reasons.
From earliest times, an intelligence appara-
tus has been an indispensable part of the
paraphernalia of a great world power. The
worldwide responsibilities of the United
States today require both a system for keep-
ing the complex details of world politics
under constant surveillance and an instru-
ment for secret foreign political action.
A second reason is that national policy
decisions are based, increasingly, upon pre-
dictions of foreign political, economic, and
military developments 5 to 10 years hence.
This fact is a consequence of the long lead-
time in developing weapons systems and of
the need to make economical use of finite
resources to implement long-range foreign
policy objectives.
Consequently, an intelligence system today
is asked an incredibly wide'range of urgent
questions, answers to which can be obtained
sometimes only by devious methods. When
will Communist Carina test an atomic device?
What future has the economic integration of
Europe? How stable is the Government of
South Vietnam? What course will Sino-
Soviet relations take?
These are among the questions to
which Mr Ransom has pointed as ex-
amples of the kinds of things Central
Intelligence is expected to be concerned
about and on which it is expected to
make some judgments and some recom-
mendations.
A third reason derives from modern mili-
tary-technological developments. Intelli-
gence, it often is said, has become the first
line of defense. Accurate and rapidly trans-
mitted information is an absolute require-
ment for an effective strategy of deterrence.
Strategic striking forces must have an ac-
curate dossier of potential enemy targets.
And essential elements of information al-
ways must be available to thwart an enemy's
possible surprise knockout blow.
He continues with these words:
Short of declared war, however, secret op-
erations are widely regarded as a dirty busi-
ness, unfitting America's open, demo-
cratic-and formerly isolationist-society.
Events of recent years have, nonetheless, re-
vealed to the public at least the top of the
iceberg of a vast secret intelligence program.
Distasteful or not, secret operations have
become a major underground front of the
cold war. The accelerating pace of cold war-
fare in Laos, South Vietnam, Thailand, the
Congo, Latin America, and elsewhere in-
creases the pressure for greater American in-
volvement in the secret "black arts."
One's attitude toward these activities will
depend, finally, upon one's assessment of
contemporary international politics and of
the requirements for the common defense.
President Kennedy recently declared that
the cold war has reached such a stage that
"no war - ever posed a greater threat to our
security." If they take that as a valid as-
sessment, most Americans will assume, al-
though doubtless with misgivings, a wartime
attitude toward secret operations.
Whatever one's view, the existence of a
secret bureaucracy poses special problems
in the American system of government.
Knowledge is power. Secret knowledge is
secret power. A secret apparatus, claiming
superior knowledge and operating outside
the normal checkrein of American democ-
racy is a source of invisible government.
I suggest that this is a most significant
statement in the article by Harry Ran-
som.
He continues: r
How then can the controls of a demo4atic
system be imposed upon the intelligence sys-
Mr. MANSFIELD. -Madam President,
I move that the Senate proceed to the
consideration of the nomination of John
A. McCone, of California, to be Director
of Central Intelligence.
The PRESIDING OFFICER (Mrs.
NEUBERGER in the chair). The question
is on agreeing to the motion of the Sen-
ator from Montana.
The motion was agreed to.
The PRESIDING OFFICER. The
question is- Will Will the Senate advise and
consent to this nomination?
Mr. MANSFIELD. Madam President,
what is the pending nomination?
The PRESIDING OFFICER. The
nomination of John A, McCone, of Cali-
fornia, to be Director of Central Intelli-
gence. -
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CONGRESSIONAL RECORD - SENATE January 29
tem while Maintaining the secrecy required
for its successful operation? Secret opera-
tions must remain immune from some of the
normal checks, especially publicity., Heavy
dependence must be placed upon politically
responsible officials to exercise control.
In a parliamentary democracy, such as
Great Britain, the problem is less acute.
The problem is less acute in Great
Britain than it is under our system of
government.
He continues:
Parliamentary government unifies execu-
tive and legislative responsibility under
majority-party leadership. When Ministers
are also Members of Parliament, responsi-
bility for management of secret functions is
reinforced.
British intelligence services,, too, are so
organized that secret political operations
overseas are entirely separate from political
and military intelligence functions. An
agency for secret operations is supervised by
a special Cabinet subcommittee. The point
is that all are under firm political authority.
This essay describes the situation in
British intelligence activities. The con-
trol of the actvity and the direction of
it is quite different from that which
exists in the United States today.
Charles Wilson, as Secretary of De-
fense, described this danger at a press
conference in 1957 with these words:
You see, what I get for my purpose is an
agreed-on intelligence estimate. I have to
take that, or I would have to bore through
an enormous amount of detail myself to try
to say that they were wrong or right. I ac-
cept what they say.
Thestatement or comment by Charles
Wilson indicates one of the fundamental
problems, namely, that original intelli-
gence estimates or decisions which are
made at a relatively low level begin to
move through channels and to pick up
momentum as they move along until, at
the point of final decision, it is extremely
difficult to change the direction or to
bring a movement or an action to a
halt.
Hanson Baldwin, as military commen-
tator for the New York Times, wrote in
his column of January 15, 1956:
If war is too important to be left to the
generals, it should be clear that intelligence
is too important to be left to the unsuper-
vised.
Walter Lippmann, looking at the ame
problem from a slightly different point
of view, wrote soon after the recent
change of personnel in the State Depart-
ment that reform of the CIA should seem
easier and more necessary.
For-
He said-
the CIA should-cease to be what it has been
much too Much, an original source of Amer-
ican foreign policy. That is what has gotten
it into trouble, and that is what needs to
be cured.
Mr. Allen Dulles once said :
In intelligence you have to take some
things on faith.
I acknowledge the truth of this, but
also acknowledge and insist that faith
is no excuse for lack of knowledge or for
failire to seek out facts; nor should it be
accepted as a convenient device for shun-
ning responsibility.
If Walter Lippmann, Harry Ransom,
Charles Wilson, and Hanson Baldwin
are right, Congress must be concerned
since it, along with the President, has
responsibility for determining foreign
policy.
In any case, the head of the Central
Intelligence Agency will take on great
responsibilities and acquire great powers
which, at least insofar as Congress is
concerned, he can exercise with little or
no supervision. Under the law, he can
withhold titles, salaries, or numbers of
personnel employed by the Agency. He
can approve the entry into the United
States of certain aliens and of their f am-
ilies, subject to concurrence of the Attor-
ney General and the Commissioner of
Immigration and Naturalization. He
will have authority to expend funds
without regard to the provision of law
and regulations relating to the expendi-
ture of Government funds on vouchers
certified by him alone.
These are unusual powers, and powers
which Congress traditionally has not
yielded easily. But they are, I think
necessarily granted in this case.
A part of the CIA's work is the prepa-
ration of the national intelligence esti-
mates which are used as important
guides in the formulation of foreign and
defense policy. The CIA is an evaluator
as well as a collector of facts. This
agency should find and present the facts
as they are and interpret them with full
objectivity.
The Director of the CIA is Chairman of
the U.S. Intelligence Board. Other
members represent the Defense Depart-
ment; the intelligence components of the
Army, Navy, and Air Force; the National
Security Agency, the 'Atomic Energy
Commission, the FBI, the Joint Chiefs of
Staff, and the State Department.
The head of the CIA briefs the Na-
tional Security Council at each of its
meetings and is always asked to remain
for the ensuing discussion.
Customarily, at least, he is asked to
remain for the ensuing discussion.
Although the head of the CIA is not a
member of the NSC, he does remain and
participates in the discussions.
What is the statutory or legal basis for
the operation of Central Intelligence?
Quoting again from the Harry Ransom -
article:
The CIA's functions are specified, broadly,
by Federal statutes, defining the Agency as
an instrument of the Presidency. The CIA's
operational guidelines are some two dozen
codified National Security Council intel-
ligence directives, approved by the President.
Actions such as the U-2 flights and the
Cuban expedition must be approved specifi-
cally by the President. In the past he has
had the advice on such matters of a special
NCS subcommittee on clandestine operations.
A second potential check has been the
President's eight-man Board of Consultants
on Foreign Intelligence Activities. This was
established early in 1956, after a Hoover
Commission study expressed concern about
the possibility of the growth of license and
abuses of power where disclosures of costs,
organization, personnel, and functions are
precluded by law.
The first chairman of this group, com-
posed largely of -distinguished industrialists
and former armed services officers, was James
R. Killian, Jr., then president of the-Massa-
chusetts Institute of Technology. Presi-
dent Kennedy recently reappointed Dr. Kil-
lian to the chairmanship of a reconstituted
board after a 2-year interval in which Can.
John E. Hull, retired Army officer, presided.
Central Intelligence is subject today to
three major criticisms. They involve ques-
tions of control by responsible authority, the
efficiency of existing organizations, and the
problem of secrecy.
We attempt to determine how much
should be kept secret, how much in-
formation should be made available to
the public, and how much should be
made available to Congress itself. It is
true that the Central Intelligence Agency
officially operates under Presidential di-
rectives and is supervised in a general
way or checked upon by interdepart-
mental groups from the National Se-
curity Council. They participate in both
interpreting intelligence data and in au-
thorizing covert operations. But the
principal intelligence adviser and the
highest authority remains the Director of
Central Intelligence, who is armed with
extraordinary secrecy inside the Govern-
ment and with a secret budget.
I think we must acknowledge that ours
is a government of laws and not of men,
in one sense, but we must acknowledge,
too, that this is a government of men
as well as of laws, and in the important
positions of policy determination, and in
originating ideas in the field of foreign
policy, there is certainly a flow of author-
ity from the President down and there
is also a flow from those appointed by
.him or who are put in important posi-
tions of trust and decision upward
through the channels to the-President
himself.
Quoting further from Mr. Ransom:
In a complex world of fast-moving events
and in a Washington intelligence commu-
nity where aCIA professionals are increas-
ingly influential, too few sources of counter-
vailing power exist. This particularly is a
problem with covert operations in which the
Presidency is largely dependent upon the
CIA for information on what is being done
or what needs doing. The danger of self
serving by the Agency is great. CIA may,
without careful policy guidance, write its
own ticket.
That is true of all Government agen-
cies, and I see no reason to believe that
it would not also be true of the Central
Intelligence Agency.
Mr. DOUGLAS. Madam President,
will the Senator yield?
Mr. McCARTHY. I yield.
Mr. DOUGLAS. I ask the Senator
from Minnesota if he knows of any in-
stances in which the Central Intelligence
Agency has carried out in the field a
policy directly contrary to the -policy of
the State Department.
Mr. McCARTHY. There havebeen a
number of reported cases in which the
Central Intelligence Agency activities
were reported to be counter to what the
State Department advocated. In other
cases the Agency carried on a policy
without any direction or knowledge on
the-part of the State Department.
Mr. DOUGLAS. Does the Senator
from Minnesota remember the speech
which Colonel Nasser delivered at Alex-
andria, Egypt, in July 1956, I believe?
Mr. McCARTHY. -Yes; I do.
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CONGRESSIONAL RECORD - SENATE 927
Mr. DOUGLAS. Is it not true that in State both report to the President of the
that speech Colonel Nasser said that a United States?
high representative of the U.S. Govern- Mr. MCCARTHY. Yes.
ment had come to him and said that Mr. SYMINGTON. The distinguished
the State Department was sending out Senator from Minnesota would not wish
Mr. George E. Allen, who later became to saddle on any new incumbent to the
Ambass,dor to Greece, to make a protest position of Director of the Central In-
to him about some of his actions in con- telligence Agency any possible mistakes
nection with the Suez Canal, and that of the past, as outlined by the Senator
this high official of the American Gov-
ernment then told him to pay no atten-
tion to Mr. Allen and to disregard what
he said? I do not believe I have the clip-
ping with me concerning the incident,
but I am certain that Nasser followed
out that advice, and at one time said
he was tempted to kick Mr. Allen down-
stairs.
In November 1956, when I was in
Cairo, I thought the man in question
was probably the former Ambassador to
Egypt, Mr. Byroade, who was transferred
from Egypt to the Union of South Africa.
But I found upon inquiry-and I believe
this information has since been con-
firmed-that it was not Mr. Byroade at
all but a regional representative of the
CIA who bears the name of a famous
American family.
Does the Senator from Minnesota
know anything about that incident?
Mr. McCARTHY. I am familiar with
the story. So far as I know, there has
been-and perhaps this is in keeping
with the operation of the Agency-no
attempt to repudiate or to deny essen-
tially the story that the Senator has re-
lated, which has been about for a long
time.
Mr. DOUGLAS. I checked very care-
fully with the Embassy in Cairo. Rep-
resentatives of the Embassy were united
in saying that it had not been Mr.
Byroade-but it had been the regional
representative of the CIA. Whether that
action was taken without the knowledge
of the Director of the Central Intelli-
gence Agency, which I suppose may well
have been the case, is it not in all prob-
ability an illustration of the CIA and
the State Department moving exactly
at cross purposes in a very crucial
situation?
Mr. McCARTHY. It would certainly
be an example of what the Senator sug-
gested. Since the Senate has a particu-
lar responsibility in the determination
of the policies to be carried out by the
State Department, we need to be par-
ticularly concerned to be sure that Cen-
tral Intelligence is not carrying out a
contrary policy. I am sure the Presi-
dent and the State Department, too,
representing the executive branch of the
Government, also need to be concerned.
Mr. DOUGLAS. Is it not true that in
that case the advice which was sup-
posedly given by the CIA made Colonel
Nasser much more intransigent than he
would otherwise have been which helped
to aggravate the crisis over Suez?
Mr. McCARTHY. That was certainly
the interpretation which was placed
upon the reported incident.
Mr. SYMINGTON. Madam President,
will the Senator yield?
Mr. McCARTHY. I yield.
Mr. SYMINGTON. It is true, is it
not, that the Director of the Central
Intelligence Agency and the Secretary of
Mr. McCARTHY. I do not think the
remarks of the Senator from Illinois
could be interpreted as putting any bur-
den of guilt upon the newly named head
of the Central Intelligence Agency, or
even on the former head of the Central
Mr. DOUGLAS. Madam President,
will the Senator yield?
Mr. SYMINGTON. Madam President,
may I pursue my inquiry further?
Mr. McCARTHY. If I may finish, the
remarks of the Senator from Illinois
were addressed to the question of cer-
tain procedural relationships, and were
by way of illustration of a possible sit-
uation in which both the President and
the State Department, as well as Con-
gress, would have been called upon to
face an action which neither had really
approved.
Mr. SYMINGTON, Madam President,
will the Senator yield?
Mr. McCARTHY. I yield to the Sen-
ator from Missouri.
Mr. SYMINGTON. If President Ken-
nedy believes, as apparently both my dis-
tinguished friends from Minnesota and
my friend from Illinois believe, that some
things have not gone well in Central In-
telligence, there would be no criticism
of the President for attempting to im-
prove the management of the Central In-
telligence Agency through change in the
management, would there?
Mr. McCARTHY. No, on my part, I
am sure there would be no such criticism,
and I think in this case I could likewise
speak freely for the Senator from Illinois
[Mr. DOUGLAS].
Mr. SYMINGTON. I thank the Sen-
ator.
Mr. JACKSON. Madam President,
will the Senator yield?
Mr. McCARTHY. I yield.
Mr. JACKSON. I wish to clarify one
point. There seemed to be some impli-
cation that there is a lack of constitu-
tional control over the head of the CIA.
Did I correctly understand the Senator?
Did I understand correctly that the
Senator meant to say that?
Mr. McCARTHY. I have been trying
to say that for 2 weeks.
Mr. JACKSON. Wherein is there a
lack of constitutional control? It may
not be what it should be, but wherein
is there a lack of constitutional control?
Mr. McCARTHY. I raised four or five
areas in which I thought serious ques-
tion could be raised as to whether there
was constitutional justification or treaty
justification or justification under any
action taken by Congress or concurred
in by Congress. I made reference to
action in Iran against Mossadegh.
Mr. JACKSON. I do not wish to talk
about individual instances. I do not
believe we should, frankly, in public dis-
cuss some of these matters, whether
they are true or false.
The Senator referred to the British
system. I must say that under the
British system only the Prime Minister
knows who is the head of intelligence.
They do not discuss these matters in the
House of Commons. Insofar as we dis-
cuss this subject I be}iaeve we ought to
follow the ancient rule of intelligence
that silence is golden.
When we criticize specific intelligence
operations in open session, we are our-
selves guilty of a lack of understanding
of the problem. Certainly these details
should not be discussed on the floor of
the Senate. Of course we can talk about
constitutional control. As I say, there
may be an opportunity to improve the
operations of intelligence, but details
with respect to intelligence should not
be discussed on the floor of the Senate.
The head of Central Intelligence re-
ports to the President. Congress does
supervise the Agency. There is a ques-
tion whether Congress has done the
kind of job of exercising control at times
that it should have done in that connec-
tion. Perhaps this control can be
improved.
But the head of CIA is under the
President, and responsible to him, and
he does report to the National Security
Council. Therefore, I do not understand
the contention that there is no constitu-
tional control.
Also, -there is congressional control.
Whether that control is what it should
be is another question. However, I do
wish to emphasize that we should be
careful when we discuss in public any
specific activities of CIA. Such discus-
sion may be unwittingly giving aid and
comfort to the enemy, in a sense.
Mr. DOUGLAS. Madam President,
will the Senator yield?
Mr. JACKSON. In the sense, I mean,
when we speak of specific examples of
intelligence activities. These are things
that can be used against us.
Mr. DOUGLAS. Madam President,
will the Senator yield?
Mr. McCARTHY. I yield.
Mr. DOUGLAS. I merely called to
mind a speech which Colonel Nasser
made at Alexandria, and which was
blazoned to the world. There was no
secret about this. The statements in
that speech have never, so far as I know,
been denied in the slightest degree.
They tended to reflect badly upon the
diplomatic service. Upon investigation,
however, the evidence became clear that
it was not the diplomatic service which
was at fault, but the local, regional
representative of the CIA, Therefore, I
was not betraying any secrets with re-
spect to any matters which were not al-
ready known, but indicating where. the
responsibility lay.
Mr. JACKSON. I have the utmost
confidence in the junior Senator from
Minnesota. I merely say that if we get
into any of these illustrations, like the
situation in Egypt, we give authoritative
affirmation or denial by someone in Gov-
ernment, and that is later used in cer-
tain places against our Government.
This is what we must be careful about.
That is my only observation.
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928 CONGRESSIONAL RECORD - SENATE
There is plenty of room for a proper
discussion of the organizational struc-
ture of CIA. However, I believe we
should be careful about dealing with
particular activities.
This is my -opinion. I have the utmost
respect and confidence in the Senators
who have raised this issue.
Mr. M9CA RTHY. I appreciate the
admonition.
Mr. JACKSON. I do not know of any-
one who has been more conscientious
and, sincere in trying to bring about
proper control over the activities of the
Central Intelligence Agency than the
junior Senator from Minnesota. I know
-that the Senator from Illinois likewise
is taking a (teen interest not only in this
matter but in all matters affecting na-
tional security. I wanted to make these
observations for our own good. I know
that my comments will be taken in that
spirit.
Mr. SYMINGTON. Madam -Presi-
dernt, will the Senator yield?
Mr. McCARTHY. I yield.
Mr. SYMINGTON. I agree with the
main precept of the distinguished Sena-
tor from Washington. I am a member
of two of the three committees to which
the Central Intelligence Agency reports
in the Senate, and have heard some-
thing of this story with different inter-
pretations. - I do not know which is true.
I do submit for the Senator's consid-
eration the fact that whether or not it
is true the Central Intelligence Agency,
because of its character and type as in-
dicated by the Senator from Washing-
ton, will not have a chance to give its
side of the story from the standpoint of
what happened in 1953, I believe it
was.
Mr. DOUGLAS. Nineteen hundred
and fifty-six.
. Mr. SYMINGTON. I was in Cairo the
latter part of October or first part of
November of this year. I thought that
the Agency's operation, from what I
heard, was satisfactory at that time. In
any case, Mr. Dulles, the former head
of CIA-and this is true of any other
member of CIA-will not have a chance
to affirm or deny whether statements
made this afternoon on the floor of the
Senate are correct or not correct.
Mr. JACKSON. Madam President,
will the Senator yield?
Mr. McCARTHY. I yield.
Mr. JACKSON. The Senator from
Missouri has raised a pertinent point.
In order to have an authoritative denial
or statement from the Agency, the
Agency would have to enter public dis-
cussion, which would itself be an im-
proper operation of the Agency. That
is my point. -
The Senator very properly raises some
questions which are obviously of proper
concern of Congress. His interest in
making sure that there is appropriate
constitutional control, and more effec-
tive and adequate control, and reporting
by the appropriate committees of Con-
gress, is a very worthy subject for Con-
gress to consider, and I commend him
for what he has done in this connection,
not only for what he has done today,
but- what he has been doing for several
years now.
Mr. McCARTHY. I thank the Sen-
ator from Washington and the Senator
from Missouri for their observations and
comments, and for the -questions they
have raised. For myself, I would say I
have not been particularly critical of
the Central Intelligence Agency for its
operation in the way of its intelligence
gathering. I think that perhaps they
have been unjustly criticized by some
Members of Congress and perhaps in the
public judgment that has been pro-
nounced upon them.' I do believe, how-
ever, there is involved here a funda-
mental juridical question. The Consti-
tution establishes the responsibility of
Congress with respect to the determina-
tion of foreign policy, at least major
foreign policy, and with respect to that
determination there was a time that we
in Congress could do this by ratifying
treaties. We no longer can operate ef-
fectively by the treaty route. We still
have the responsibility with regard to
the declaration of war, but we no longer
declare war. We fight police actions
and we carry on what are called cold
wars.
Does this mean that because of a
changed mode of political conflict Con-
gress has lost any responsibility under
the Constitution? Is that the situation,
Madam President, or does it, rather, re-
quire that we give some thought to pro-
cedures? After all, we have a repre-
sentative democracy, and in major
decisions, wh ther domestic or interna-
tional, some concurrence and some par-
ticipation on the part of Congress has
clearly been involved from the very
beginning.
It was in connection with these points
that I cited the practice in the British
parliamentary system. I do not mean
to say that every Member of Parliament
was consulted. In the British system
the Members of Parliament picked a
cabinet on intelligence.
It may be said that this involves a
very complex procedure. However, I do
not believe it is so complex that we could
not work out some procedures through
which we could be satisfied that Con-
gress had been consulted, or at least
men picked by Congress had been con-
sulted, and through them Congress had
participated in some degree in these
basic decisions. Even if we picked only
men who had presented themselves for
the Presidency, we could make up a full
committee out of the Senate alone. The
same kind of committee probably could
be made up even of vice presidential
candidates. We would have more on
the committee than we needed, if we
limited the committee to the usual
choice of those who felt that they them-
selves could be entrusted with these im-
portant decisions.
Mr. SALTONSTALL. Madam Presi-
dent, will the Senator from Minnesota
yield?
Mr. McCARTHY. I yield.
Mr. SALTONSTALL. As one who has
been a member of two of the committees
which have had to do with the Central
Intelligence Agency for the last half
dozen years, at least, I have felt that no
information that we asked for was con-
cealed from us. Whenever a suggestion
January 29
was made as to whether there was any-
thing more we should be told, or any
information Which we might need, we
always received it. As one member of
the committee, I have felt that we should
give our very best possible advice and
judgment to the Central Intelligence
Agency if we felt it was not being prop-
erly administered or that the procedures
were not being properly carried out.
This subject was argued several years
ago, when Senator Barkley was a Mem-
ber of the Senate and took a very active
part in the discussion. I think that if
the question comes up at the present
time, as it has been raised by the dis-
tinguished junior Senator from Minne-
sota, we can discuss the question of pro-
cedure again, and we should. Certain-
ly, as a member of the Committee on
Armed Services and as a member of the
Committee on Appropriations, I would
welcome the appearance of the Senator
from Minnesota before those commit-
tees in executive session to give us the
detailed suggestions that he might have.
As the Senator from Washington [Mr.
JACKSON] and the Senator from Mis-
souri [Mr. SYMINCTON] have said today,
the question, as I see it, is whether the
gentleman who has been named for this
position is qualified to hold it. That is
the primary question before the Senate
today. When a new man takes office,
we can then consider the question of
improving the management of the
agency. I think the record will show that
we discussed that question when the
Senator from Minnesota was before the
Committee on Armed Services.
Certainly we ought to make every ef-
fort possible to improve the Central In-
telligence Agency inthese very difficult
times. However, I think the primary
objective today is to determine whether
the man who has been nominated is
qualified, and to decide the question af-
firmatively or negatively. Then we can
take up the question of procedure and
determine whether the agency is ful-
filling its duties. These questions can
be considered by the committee in exec-
utive session, so that the intelligence can
and will be kept on a level which will not
result in the giving away of information,
either through procedural discussions or
in other discussions.
I appreciate what the Senator from
Minnesota is seeking to do and wishes
to do. As one Senator from the other
side of the aisle, I certainly would be
very glad to be helpful Li trying to solve
this problem, because -I have heard the
subject discussed for the last 6 or 8
years, --t least, if not more.
Mr. McCARTHY. I thank the Sen-
ator from Massachusetts. The question
of whether the nomination should be
approved by the Senate. depends, in my
judgment at least, to a large extent on
the nature of the role the nominee will
fill. It depends on the nature of the
authority he will exercise over the activ-
ities of the agency. For this reason, I
think it is not exposure, exactly, because
most of the procedures are quite well
known; but at least a review of the way
in which the Central Intelligence Agency
is directed or is not directed. It is a
question of whether or not there is a
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1962 CONGRESSIONAL RECORD - SENATE
kind of failure under the Constitution-
as I think there is-in that Congress is
not fully enough involved in preliminary
decisions of major consequence, such as
going into Iran or Cuba, or some of the
other areas in which the CIA is sup-
posed to have been very active. These
facts, these questions, have a bearing
upon whether or not the nomination
should be confirmed. If the Director's
role is very limited and is carefully su-
pervised, then we should not impose the
same standards of judgment upon him.
However, if he is to be given a great deal
of supervisory authority, then I think
the qualifications of character, and such
things as that, takes on additional im-
portance. It is for that reason I had
hoped to establish a kind of general pat-
tern upon which the membership of the
Senate might make a solid judgment
with regard to the nominee.
Mr. SYMINGTON. Madam President,
will the Senator from Minnesota yield?
Mr. McCARTHY. I yield,
Mr. SYMINGTON. Would not the
distinguished Senator from Minnesota
agree that the amount of authority and
responsibility which the Director of the
Central Intelligence Agency . ought to
have, and would have, would be the de-
cision of the President of the United
States?
Mr. McCARTHY. It would depend in
large measure upon the President of the
United States; yes.
Mr. SYMINGTON. The Senator has
mentioned character. Would he not
agree that the question of character,
as well as the question of ability, would
both be one, which the President of the
United States would want to consider
very thoroughly before he submitted a
nomination of this importance to the
Senate for approval.
Mr. McCARTHY. I am sure that is
so; and I am certain the President has
made a careful examination, according
to his lights, of the qualifications of the
nominee. At the same time, there is a
clear obligation imposed on the Senate
to pass an independent judgment. The
Constitution provides that this shall be
done. So I do not think we can feel
that we are in any way offending the
President or the office of the Presidency
in taking a thorough,. careful look at
any nomination which the President
sends to the Senate for confirmation.
Mr. SYMINGTON. Is it not true that
nominations of Mr. McCane have been
before this body twice in the past, once
under a Republican President, and once
under a Democratic President; that the
nominee was examined carefully with
respect to his holdings, his character,
and his ability; and that both times his
nomination was confirmed unanimously
by the Senate for public office?
Mr. MCCARTHY. So far as I know,
that is true.
Mr. SYMINGTON. I thank the Sen-
ator.
Mr. McCARTHY. But we are now be-
ing asked to confirm his nomination to
another office, one which the chairman
of the Committee on Armed Services has
described as second in inmportance to
the presidency. If that is the case-
and I think it is very close to being the
case-again we need to make a more
careful examination of the nominee
than we would if he were being ap-
pointed to some other position. We
might have a man who is a fine drum-
mer, but that would not qualify him to
play first violin. I think there is a little
of this kind of sensitivity or complexity
involved in the performance of the di-
rectorship of the Central Intelligence
Agency.
The question of supervision and direc-
tion, and of the effectiveness of them,
on the part of the executive branch of
the Government has been raised by- a
number of special committees and a
number of special inquiries.
Harry Ransom, in the article to which
I referred earlier, said:
In its 6 years of existence, the President's
Board of Consultants on Foreign Intelligence
Activities, recently renamed the Foreign In-
telligence Advisory Board, has functioned
more as a polite alumni visiting committee
than as a vigorous watchdog. With one
professional staff assistant and a single sec-
retary, the board has been able only
sporadically to oversee the 15,000-man CIA.
Congressional surveillance has been much
the same.
Theoretically, the President-with oc-
casional help from consultants-controls
this powerful, huge, and expensive Cen-
tral Intelligence Agency. But the Presi-
dent is the nominal head of hundreds of
agencies; he cannot be kept fully in-
formed at all times of the activities of
the CIA. Consequently, very great
powers are vested in the Director of Cen-
tral Intelligence. How these powers have
been used and how they are likely to be
used are most important questions, Has
the CIA in the past carried out actions
without constitutional justification,
without the authority of statute or of
resolution or of treaty commitments?
Whether these activities or operations
turned out well or badly, whether in the
long run or in the short run they ad-
vanced or improved the position of the
United States is secondary to the basic
question of legality or constitutionality
of procedure.
We in the Senate need to be concerned
about the propriety of the procedure.
The Central Intelligence Agency was
credited with having helped oust Mos-
sedegh from the premiership of Iran in
1953. History has not yet demonstrated
that that was the wisest policy, and
probably never will.
Mr. SYMINGTON. Madam Presi-
dent, M11 the Senator from Minnesota
yield?
Mr. McCARTHY. I yield.
Mr. SYMINGTON. I thank the able
Senator from Minnesota.
As chairman of the Subcommittee. on
the Middle East and Southeast Asia, I
spent considerable time in Iran last fall.
I agree with the Senator from Washing-
ton [Mr. JAcxsoxl-and believe this was
mentioned when the Senator from Min-
nesota was before the committee
namely, that it would have been a mis-
take if Mossadegh had continued in that
position.
I have been following the reports, in-
cluding classified reports with respect
to Iran; and developments there with
respect to the new Prime Minister. I
cannot see how this discussion can be of
service to the United States.
I also mentioned, when the Senator
was before the committee, that I doubted
the CIA took credit for the overthrow of
Dr. Arbenz as President of Guatemala,
because our Ambassador to Guatemala at
that time told me personally he felt he
had had the most to do with it.
Mr. McCARTHY. I do not question
really whether the CIA did it or whether
the ambassador did it. The question of
the justification for the action in terms
of some juridical basis remains open to
question, in either case. I am not say-
ing that the CIA in either of these cases
was operating independently or without
approval by the State Department. But
this basic question would run to it, re-
gardless of whether the action was car-
ried out or participated in by the CIA
or without its participation. The funda-
mental juridical question of control
would exist even though the Central
Intelligence Agency was not involved in
those activities, in which there was some
involvement on the part of our Govern-
ment itself.
Similar questions have been raised
with regard to Vietnam, and also of
course more recently in regard to our
support of the invasion of Cuba, last
year. The basic question of the justifi-
cation remains-regardless of whether
we have success or whether we have
failure-in regard to some of these oper-
ations and some of these activities.
Madam President, I think the Con-
stitution quite clearly provides that Con-
gress shall have a part in declaring war.
However, as I have already said, in the
modern world, war is seldom declared,
instead, there are .defensive actions and
police actions. Nevertheless, the Con-
stitution still provides, in my opinion,
that the Congress has a definite respon-
sibility in connection with such actions
or actions to continue or to overthrow
the governments of other nations.
Congress has acted to give the Presi-
dent authority through the United Na-
tions. It has granted him wide author-
ity under the NATO treaty, and some-
what less clearly under the SEATO
treaty. The Congress approved the Mid-
dle East resolution in anticipation of the
Lebanon action.
I believe there is a constitutional need
for consultation with Congress by the
President or by his agents and, beyond
that, for some expression of concurrence
or some manifestation of concurrence
by Congress or by men chosen by the
Congress to speak for it, somewhat more
Clearly and more positively than is pro-
vided for under existing law or under
existing practice. A joint committee may
not be the best means. Perhaps some
other device could be developed. Per-
haps we could fix greater responsibility
on the Armed Services Committee, and
could say to it, "You are to speak for us
and to represent us, and we expect that
you will be consulted and that there will
be conferences and consultations with
you." Or we could say that this shall
be taken care of by the Foreign Relations
Committee and the Foreign Affairs Com-
mittee, which have been chosen by Con-
gress, and we could specify such respon-
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930 CONGRESSIONAL RECORD -SENATE January 29
sibility for them, and could give formal GRUENING] if I may, that the CIA was set have the wisdom to create an oversight
approval to their participation and con- up as a follow-on-of the OSS, which con- committee, by which the Foreign Rela-
currence. But that has not been done. ducted our intelligence activities during tions and Armed Services Committees
Mr. GRUENING. Madam President, the war. may monitor and control this now com-
will the Senator from Minnesota yield? As the Senator from Washington [Mr. pletely uncontrolled agency which is now
.Mr. McCARTHY. I yield. JACKSON] has stated, the CIA is a civilian responsible to no Committee of Congress
Mr. GRUENING. Has it occurred to agency which collaborates and cooper- and is unique in that respect, wielding a
the Senator that possibly the nomination ates with the three military services, responsibility and power which is abso-
should be referred to the Foreign Rela- and-in addition to what the Senator lutely unrivaled in our democracy, a
tions Committee? As Mr. McCone has from Washington has said-with the power which is vested in a man who as
testified, his task as he sees it is merely State Department, in working out the in- head of CIA, according to the chairman
to receive reports from all over the telligence information from various of the Armed Services Committee, the
world and to evaluate them. In that countries and giving it to the Chief Ex- distinguished Senator from Georgia [Mr.
case-if he is prophesying correctly- ecutive of our country-the President of RUSSELL], is second only in importance
then his task ceases to be a cloak-and- the United States. to the President in the power he wields.
dagger operation as it has in part been, I was present and helped to draft the - To allow such power to go unrestricted
-and becomes merely a source of informa- present CIA Act; and that was done, as and without any reference to the com-
tion and guide to our foreign policy- I have said, to set up this agency to mittees of Congress which have supervi-
makers. Therefore, would not it be collaborate with the inteligence agencies, sion over foreign relations, when, in
more appropriate for the Foreign Rela- particularly of the military, in time of effect, CIA will be reporting on foreign
tions Committee, rather than the Armed peace, because we felt that at thattime affairs in many countries all over the
Services Committee, to pass on this the OSS-which I think was never world, both inside and outside the Iron
nomination? established by law, but was established Curtain, seems to me-to be wrong.
Mr. McCARRTHY. I think one could by Executive order-had ceased to func- I hope, before we conclude, some action
make a strong case for that. tion, because the fighting part of the war will be taken by Congress so that it may
The activities of the Central Intelli- was over. I think I am correct in that have some supervision over the agency,
gence Agency are more in the realm of statement. I know we drafted the CIA with whatever restrictions are necessary
areas in which the Foreign Relations act with a great deal of care-and with the to protect the national security.
Committee exercises jurisdiction. Of intention of there being cooperation with Mr. SALTONSTALL. Mr. President,
course it is true that the CIA was estab- the agencies which are strictly military will the Senator yield?
lisped by legislation which was handled agencies. Mr. McCARTHY. I yield.
by the Armed Services Committee, and Mr. GRUENING. Mr. President, will Mr. SALTONSTALL. I may most re-
that in fact the Central Intelligence the Senator yield? spectfully say to the Senator from
Agency more or less continues intelli- Mr. McCARTHY. I yield to the Sena- Alaska that today the 'CIA is responsible
gence activities which were developed in tor from Alaska. to the Committee on Armed Services and
various branches of the armed services, Mr. GRUENING. In commenting on it is responsible to the Commitee on Ap-
for the most part during the war. So the remarks of the Senator from Massa- propriations. Certainly the past Direc-
there is that legislative background and chusetts, it should be noted, as the Sena- tor of that Agency reported at least two
there is that tradition. Therefore, I tor from Massachusetts has pointed out, or three times each year to those various
suppose one could argue either way- that the CIA is the successor of the OSS, commitees. Therefore, those commit-
that there is this tradition and there is which operated in time of war, and was, tees, or certain members of their sub-
this precedent which would justify re- therefore, a cloak-and-dagger type of committees, have entire knowledge of
ferring the nomination to the Armed agency. Now, while it is true that there the activities of the Agency, the extent
Services Committee, and that there are is now a state of undeclared war, a cold of the organization, and the cost of- the
also the activities of the CIA, in its opera- war of sorts, it seems to me that we cer- organization.
tional aspects, which I think relate to tainly should look into the question of Mr. BARTLETT. Mr. President, will
matters which are carried on more in whether the Foreign Relations Commit- the Senator yield?
the field of foreign policy, rather than tee should not have as much jurisdiction Mr. McCARTHY. I yield.
in the field of military operations. -So over CIA as has the Armed -Services Mr. BARTLETT. -Am I correct in my
the question is a mixed one. Committee. - assumption that the Senator from Min-
Mr. JACKSON. Madam -President, Let us assume that that bad been the nesota,-notwithstanding that which has
will the Senator from Minnesota yield case, so that during the last year the CIA been said most recently by the Senator
again to me? had been reporting, to the extent it does from Massachusetts, believes that there
Mr. McCARTHY. -I yield. report at all, to the Foreign Relations ought to be closer supervision by the
Mr. JACKSON, I wish to add to what Committee instead of to the Armed Congress over the activities of the CIA?
the Senator from Minnesota said in re- Services Committee. I see present on the Mr. McCARTHY. Yes, that is the
sponse to the question asked by the Sena- floor the distinguished chairman of the opinion of the Senator from Minnesota.
tor from Alaska, namely, that the other Foreign Relations Committee [Mr. FUL- If I may respond to the Senator from
intelligence undertakings by the Army, BRIGHT], who had the wisdom to oppose Massachusetts, I think the basic legisla-
the Navy, the Air Force, and the Depart- the attempt to invade Cuba. Possibly, tion which was enacted and which was
ment of Defense, make up the intelli- if the CIA had consulted him and had developed in the Armed Services Com-
gence community, and the Director of obtained his views, we might not have mittee was sound legislation in terms of
the Central Intelligence Agency is chair- participated in that tragic error. the concept of the Central Intelligence
man of the Intelligence Board and is the As I-stated before, it seems to me, in Agency at the time that law was drafted.
coordinator of all of these. So there is view of the fact that Mr. McCone has One of the points I raised is that the
a heavy military overtone which by tra- declared that his function, as he sees it, Central Intelligence Agency, in its oper-
dition and custom has always been a will be merely that of collecting infor- ations at least, is carrying on activities
part of the responsibility of the Armed mation all over the world and evaluating which are far beyond what was contem-
Services Committee, and, prior to its it, which is distinctly a matter of foreign plated in that legisaltion when it was
creation, part of the responsibilityof the relations more than it is anything else, drawn. It is not a question, really, of
Military Affairs Committee. certainly the Foreign Relations Commit- only CIA, but a question of whether or
Mr. SALTONSTALL. Mr. President, tee should have as much jurisdiction not CIA performs functions which are,
will the Senator from Minnesota yield? over CIA's activity rather than Armed in a sense, uncovenanted. That ques-
The PRESIDING OFFICER (Mr.- Services, notwithstanding that, the ju- tion runs to the functions of the State
LONG of Missouri in the chair). Does risdiction was originally placed in the Department. The CIA seems to be the
the Senator from Minnesota yield to the Armed Services Committee. Or perhaps principal agent in these more or less un-
Senator from Massachusetts? -even better there should be joint ju- justified, at least juridically unsustained,
Mr. McCARTHY. I yield. risdiction of both those committees: actions. So at a time when we are con-
Mr. SALTONSTALL. I should like to I hope that before the consideration of sidering confirmation of the employment
say to the Senator from Alaska [Mr. this question is concluded, Congress will of the head of the Central Intelligence
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Agency, I think we should consider this Mr. McCA LTHY. I would not say joint committee on Atomic Energy ex-
question. necessarily that it should be by seniority. ercises in its field of jurisdiction? SALTO
say
STALL.
I Mr. BARTLETT. Acknowledging that Mr. BARTLETT. No. I say that that couldNdo more than would
have
there might, and probably would, be 99 the way it is done now.
other opinions as to what ought to be Mr. McCARTHY. Seniority has some done if we felt it were necessary to do
done, is it the Senator's conclusion that bearing on it; I really do not know about it. There has never been any limit of
this closer supervision might best be that. However, evidently the determi- supervision, so to speak, placed upon ff arts
Director of the
past
obtained mtt the establishment of a joint fonation of ho should be given is in- our rmation is not a determination made CIA,eand I aby the
sure none would be placed
mmitt
establish d If ever future heard Diorector
committee? e? of the Mr. McCARTHY. I said earlier in my lab nguagerof the except in which rather
any limit tion
remarks-at was
t upon Mt h ti I am sorry I was selective the CIA, but it is determination yrthe executive thMr. GR uUEN NG, Mr. President, will
not here a at the e time.
Mr. McCARTHY. I shall be glad to branch of the Government itself. the Senator yield?
repeat the statement, with some addi- Mr. BARTLETT. In summation, then, Mr. MCCARTHY. I yield to the Sen-
tional remarks. I am not satisfied that I might remove myself from this col- ator from Alaska.
a joint committee is best to accomplish loquy by stating that the Senator enter- Mr. GRUENING. Does the Senator
the purpose I have referred to. First, tains the belief that if some Members of from Massachusetts realize that in cer-
however, I do not know of any better Congress can be trusted with the awe- tain countries the CIA operates with
method that has been proposed. Sec- some secrets relating to atomic energy so complete independence of the Chief of
ond, we have had rather good experience might other Members of Congress, con- Mission, and that our diplomatic rep-
with the Joint Committee on Atomic stituting a joint committee, be entrusted resentatives are not-even informed of
Energy. I am sure the Senator will re- with the secrets having to do with the what the CIA agents are doing in the
call that, when that committee was CIA. untry?
established, charges were made that Mr. McCARTHY. I think the Con- Mr. SALTONSTALL. Mr. President,
Members of Congress could not be trusted gress is deserving of a test in several wiMtheNScena rryyi~eld I yield.
with this kind of information, that there other areas.
would be leaks, and that Congress Mr. BARTLETT.- We should give the Mr. SALTONSTALL. I would deny
could not exercise continuing supervision Congress a try? that. I would deny that, but I would
over activities as involved and as tech- Mr. McCARTHY. Yes. I do not like prefer not to say anything more on the
nical as those in the atomic energy field. to repeat my good lines, but I suggested floor of the Senate. I should be glad to
Yet I think the record bears out the earlier if we had doubts we could limit discuss it with the Senator from Alaska
statement this Joint Committee has the appointees to this committee and in conversation, as to what I do know.
worked out reasonably well. I think it select them only from men named as Mr. GRUENING. Well, I have been so
would perhaps not be out of turn to say possible presidential candidates, informed by a responsible member of
Mr. BARTLETT. That is a line worth the diplomatic service in a country
that it could t in other areas repeating. where this particular situation exists.
and other jurisddi cti oonsd ns. Mr. McCARTHY. I thank the Senator Mr. FULBRIGHT. Mr. President, will
perMri me one further If the Senator and from Alaska. He generally appreciates the Senator yield?
Sen-
perhaps a tone on,Senator observation, men- my good lines. I thought I might risk Mr. MCCARTHY. I yield to the Sen-
tioned h t the ben, has - stating that once again. ator from Arkansas, the chairman of the
whhas been, Congress cannot nnotcbe Mr. GRUENING. Mr. President, will Committee on Foreign Relations.
tioned that
a the whole
the Senator yield to me so that I may Mr. FULBRIGHT. I have not studied
true ted. with secrets relating to
trus Energy Commission. CIA ask the senior Senator from Massachu- this as much as has the distinguished
and the Atomic Energy Commiss. I setts a question? Senator from Minnesota. Does the ex-
wonder hhi far down, in ohs Senator'y Mr. MCCARTHY. I yield. isting law specifically require the CIA
dissemi, aces information in be safely Mr. GRUENING. My good friend, the to report to the Committee on Armed
world. In gone ive in a strange senior Senator from Massachusetts, the Services?
world. In days gees I could suppose asc ev ascertain ranking minority member of the Com- Mr. McCARTHY. I think it does. At
Member of Congress on Armed Services, said a few least, it is implied that they should be
everything about every Government minutes ago that the Committee on in some way responsible. At least, the
notncy. Whether it should be done or Armed Services more or less supervised practice has been for the CIA to report
not, it is not the done Senator now. has any the CIA, and that the CIA reported to to the Armed Services Committee.
I wonder if f the idea the committee. What is the extent of Mr. FULBRIGHT. I did not ask the
as to where the cutoff point might prop- the report? Do the committee members Senator for the practice.
erly come. go into any details, or are they merely Mr. McCARTHY. We shall have to
Mr. McCARTHY. As the Senator given a brief summary of expenses, the ask the Senator from Massachusetts.
knows, we are held responsible for every- number of people employed, and so on? Mr FULB for from I am asking for
thing done within the Government, even Mr. SALTONSTALL. Mr. President, information as to what the law itself
though oftentimes we do not have much will the Senator yield? does require by way of reporting to any
authority over what is done. It is con- Mr. McCARTHY. I yield. committee. I am not informed as to
sidered
as we that as we Mr. SALTONSTALL. I say on the that.
we do nhave l- as advised much responsibility t admit that
not floor of the Senate that we spend several Mr. McCARTHY. We should have to
seem ul toe. But it is bridge opinion the that hours and go into many details of opera- ask the Senator from Massachusetts,
we could es some extent n gap tions, of expenses, of administration, and who is a member of the committee and
between responsibility and real power or so on. I would not wish to say more on helped to draft the law. My opinion is
Congress, ed to could the floor of the Senate. that the CIA really is required to report
re pone responsibilities access if of we, the power related
sons
reterm
determine that these particular persons I say as one member of the commit- only to the President. We can check
could be trusted, in the same way as in tee-I speak only for myself, but I think the statute..
England members of Parliament pick I.can speak for the others also-we have Mr. FULBRIGHT. I ask the Senator
members for the cabinet out of their own never been refused any information of whether he is going to discuss, a little later,
particular
rience parliamentary nc body, and those persons any hMrCARTHYhIf I may have have
the pre sent nominee for this part cular poi-
di rect illTLETactivities.
Mr. BARTLETT. As it is now, those attention of the Senator from Massa- tion, or whether that will be the sub-
secrets would be reposed in those be- chusetts, I should like to ask a question. ject of his talk?
longing to a certain committee or com- The Senator would not say, however, Mr. McCARTHY. Yes. I intend to
mittees and from the vantage point of would he, that the committee exercises make some comments with respect to
seniority. Is that a correct evaluation a kind of continuing supervision in any his qualifications and preparation for
of how it is? way comparable, let us say, to what the the position.
No. 12-'
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 932 CONGRESSIONAL RECORD -SENATE January 29
The man ,selected, to head the CIA of intelligence collection, its analysis and pertinent to the problem which the Sen-
should, I believe, understand and ap- underground foreign political action. ate is considering today.
preciate the great powers which are giv- Those -who would organize and carry out a
en to him and be aware that, at least Proposed secret operation should be separated Mr. SYMINGTON. Mr. President,
in the. past, either on its own decision in the decisional process from those who Will the Senator yield further?
supply and interpret information to justify Mr. MCCARTHY. I yield.
or with executive approval, the CIA has the plan. * * * Mr. SYMINGTON. Has Mr. Ransom
carried. on activities which were of ques- Planners and operational commanders ever had any experience in any of the
tionable constitutionality or legal justifi- notoriously come to view the plan as an end intelligence apparatus of the United
cation. In my opinion he should be in itself. They gradually develop a state States?
prepared to discuss these things in the of mind that is receptive only to intelligence Mr. MCCARTHY. So far as I know, he
proper ?surroundings. A data that distorted view ai rethe aiityl often results. * practicability. has not, but I may be mistaken. He may
He should realize, too, that in the fu-
tune he may be called upon or challenged No greater challenge confronts American have had some intelligence experience.
or tempted to conduct similar operations. society than responding to the question of Mr. SYMINGTON. I thank the Sen-
how the United States can engage success- ator.
The director of the CIA should be sensi- fully in protracted cold warfare without Mr. FULBRIGHT. Mr. President, will
tive to the danger of such proceedings. sacrificing the principles defended. the Senator yield?
A man selected to be the head of the As an open democratic society, the United Mr. McCARTHY. I yield.
CIA should, if possible, be experienced in States has to recognize its handicaps in Mr. FULBRIGHT. As I understand,
intelligence work. He should be a good -some form of competition with the closed
administrator. He should have an good societies of totalitarian regimes. It would the point the Senator from Minnesota
admi Undemanding and haveeness e- be unwise to attempt to match the profi- IS 'Making relates to a division within
_e of ciency of be-
the problems of foreign policy, of the as the avenue to the communist atregimes in subversion the tainment of nat onal tween the so-called atherigeo community on
difficulties and complexities. He should objectives. There is no gathering the information
point in America's and its analysis and opf peration.
be concerned-if we could have an ideal fighting totalitarianism by imitating it. Mr. McCARTHY. The Senator is cor-
man-as to the ethics of the methods That point brings me to the serious rect.
and means by which he, his agents, and problem which faces the Senate, not Mr. FULBRIGHT. That subject has
operators seek their goals, either in the only in this case, but in'many other been widely discussed in the press by
gathering of information or in carrying cases. many writers. I do not
on what have come to be called ,opera- Mr. SYMINGTON. Mr. President; Mr. Ransom personally. happen to know
tions." will the Senator yield?
-I shall not attempt a judgment or rec- Mr. MCCARTHY. I yield. I wish to ask the Senator a question
ornmendation with regard to the ques- Mr. SYMINGTON. The able Senator on another subject.
tion of experience in intelligence of the from Minnesota has read at length from h
know whet ot from Minnesota
Does the Sor n ot, it l for
nominee, as there are no clear standards an article, as-I understand it, written by
true, -
which can ample, in acount y such as Great Brit-
be applied. Mr. Harry Ransom, and published the
The nominee has- the reputation of 21st of May 1961. I have asked the gin, that the two functions I have stated
being a good administrator. I am not chairman of the Committee on Foreign are separated?
prepared to challenge that. Nearly Relations, the Senator from Arkansas Mr. MCCARTHY. So far as I am fa-
everyone whose nomination is sent to us [Mr. FULBRIGHT], if he knows who Mr. miliar with the operation there, they are
has a reputation of being a good admin- Ransom is, and he says he does not. I separated.
istrator. have asked the ranking member of the Mr. FULBRIGHT. That has been the
The question of knowledge of .foreign committee on the other side of the aisle, traditional method.
policy is one which can be passed upon who is on two of the three committees Mr. MCCARTHY. Yes; in Great
only in' very general terms and by very involved with the Central Intelligence Britain.
subjective standards. I would feel more Agency, if he knows who Mr. Ransom
confident in passing on this appointment is, and he, too, says he does not. I con- Mr. FULBRIGHT.
if there were a more extensive record of fess to my able friend from Minnesota moment ago, the he Senator is really dis-
the views of the nominee. He is, accord- that I do not know who Mr. Ransom is cussing the operation of the CIA itself,
ing to one columnist, hard boiled; ac- either, and inasmuch as he is being and whether or not it is properly consti-
cording to the Economist, a man of tem- quoted at such great length as an au- interested. a question h which -I am very
per; according to Newsweek, a tough thority in this field, I would ask two ques- ere Will the Senator discuss
man; according to the Wall Street Jour- tions. the particular experience and qual-
nal, hard driving. First, who is Mr. Ransom? ifications of the appointment being con-
These are not undesirable qualities in Second, has Mr. Ransom had any sidered by the Senate? As I understand,
the head of the CIA. They are not the extended or practical experience in the the question before the Senate is not
only good qualities possessed by the field of intelligence? I do not ask these whether the CIA is properly constituted,
nominee, but they are the qualities which. questions to be in any way critical of but whether the appointee is qualified to
have been especially stressed in newspa- Mr. Ransom. I merely ask them for head the Agency. Is that not correct?
per comment. Taken by themselves, the information of the Senate. Mr. MCCARTHY. The Senator is
they are not enough to qualify a person Mr. MCCARTHY. I am not quoting quite correct. As I indicated, the role
for thisdifficult and sensitive office. Mr. Ransom particularly because he is which the CIA now plays has a bearing
The Director of the CIA should be an authority but rather because I upon whether or not the nominee is
more interested in finding evidence and thought what he had to sax was to the qualified to carry out this kind of com-
passing objective judgment on it than in point and had bearing upon the discus- plicated and difficult directorship.
attempting to polarize opinions or to sion. I think he is currently on the Mr. FULBRIGHT. I made that state-
support a set position. staff of Vanderbilt University. He has ment because at one time I was a co-
. Mr. I quote again from the written what I believe is perhaps the sponsor of a measure and very sympa-
Henry Howe Ransom article: most thorough book inquiring into the thetic-and still am-to the idea of a
Secret intelligence must never be more or whole question of the organization and joint committee or some other committee
less than an instrument of-national policy. the operation of the Central Intelligence which legally would have responsibility
Its control should remain primarily a re- Agency. for the supervision of the CIA. However,
sponsibility of the Presidency, but Congress But I would not ask an I am fearful that this body will not
also must assume a more carefully defined any Senator
and active surveillance role. And the De- accept what Mr. Ransom has said be- have an opportunity to pass upon that
partment of State, particularly, must be cause he said it, or even because perhaps question.
aggressive in weighing gain from success, my quoting him would be any kind of Mr. McCARTHY. I agree with the
against cost of failure, in every proposed endorsement of him, but rather only up- Senator.
major secret operation. on the basis of whether or not his state- Mr. FULBRIGHT. So the only ques-
A.second major criticism is that the CIA ments, the questions which he raises, tion is on the qualifications of the ap-
places under one roof the separate functions and the proposals which he makes, are pointee for the job.
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1962 CONGRESSIONAL RECORD -SENATE
Mr. McCARTHY. To exercise super- views on some of the broad and com He went on to say that he intended carry
out vision over the central intelligence plicated policy questions that have been the duties atoithee d best o him his abilities all t to
Agency. known.
Mr. FULBRIGHT. I was very curious For my part, I would feel much more No full or pertinent answer, it seems
about the Senator's views on that subject. confident in passing on the appointment to me, was made to the question of con-
Mr. MCCARTHY. The Senator is tor- if there were a more extensive record stitutionality. It may be that we should
rect. The question is whether or not we of his views on these complicated ques- not -expect the head of CIA to give such
think the appointee is qualified to direct tions. He has spoken very little, so on an answer, and perhaps it is an unrea-
the CIA as it is now constituted, as it that point I could not make any recom- . sortable demand or an unreasonable sug-
to
now operates, and as it is likely to op- mendation. I would have to say that he gestio. However, it seems that have -erate in the immediate future. I say this factor is unknown. he s or he that when given is bemseing thought thought
that it would be impossible to find a So far as concerns the question of the for appointment we might properly ask
man who had all the necessary qualifl- constitutionality of some of the actions, fo fo his question as to what her op sd
cations. I should like to cite two or three either participated 'n by CIA, attributed him ion is w thi to t o what h is pin-
considerations which I think Senators to CIA, or perhaps only carried on by for some of eheecs actions. In this case
who are called upon to act upon the the State Department, i raised this ques- for some o does not cover what I this ca hoped .
nomination need to consider. tion before the committee. I suggested answer swer Mr. SYMINGTON. Mr. President, will that they might wish to ask certain he 1would fourth cover in an question was this question.
the Senator yield? questions of the nominee, and the ques-
o
Mr. McCARTHY. I yield. tions were asked. I quote from a letter What is the on i be nominee's judgment aused to
Mr. SYMINGTON. I share the view, which Mr. McCone himself sent to the methods oCentral de which can igence Ausncy?
and perhaps the apprehension, of the chairman of the committee in answer
Senator from Arkansas [Mr. FULBRIGHT]. to a number of questions which I had Mr. McCone replied:
It is quite possible that the appointee raised and which in turn had been asked The very nature of the question is such
of the President-in fact, the President of him by the committee: that I believe I cannot respond to it, par-
himself-is not entirely satisfied with Senator MCCARTHY's third question asks ticularly in the light of the responsibility uthority
ure the ro-
law to
some
for
to ligence sources sand methods
the past operation of the Central In i ofrthe my views as to te actions att butedato the Central In- tectiondof upon
genet Agency. ' If what I have haee said id is t telligence Agency in the field of foreign from unauthorized disclosure.
hang affairs rs within recent years. Many events
from I Minnesota dthat oes not sure does nthe able wish to to Senator
have been attributed to the Central Intel- I can sthat twould be need
from
around the neck of Mr. r. McCune, whose ligence Agency over the years, and it would for csecrecy. an see e I did not there e have w mind that
appointment is the question before the be impossible for me to have the facts on he should express' an opinion on a spe-
Senate for discussion, any of the past these matters, but I certainly do not accept ci ghsit be some I ad ion hoped a tat there
theoreti-
tral possible sins'or transgressions of the Cen- that because they are attributed to the d what methods ti-
intelligence Agency, I am sure he responsible ntr nelligence Agency the Agency is cal al situation, sitbtu o might as to u justifiable. We could
would be the first to agree that Mr. Mc-
Cone has had no connection with them This charge was not made. This was raise a theoretical question with refer-
whatever. - not in the question I had suggested to the stirring wup a hen revolution
had no oppor-
Missouri Mr. McCARTHY. The Senator from committee. ence Curtain even though the
Missouri has stated my position on that Mr. McCone continues: tunity the Iron
ity of ofsucc theceediningg, even th the Ruse
question correctly. The Senator's question appears to go to suppression Mr. SYMINGTON. I thank the Sena- the basic juridical or constitutional authori- sians would give us propaganda value in
tor. ties of the executive branch, and this in- some other part of the world.
Mr. MCCARTHY. To return to the volves profound legal questions which, since This is a rather gray area, I know, and
point I was making, relating to the at- I am not a lawyer, I do not feel competent one in which I did not expect him to
tempt to establish some general stand- to debate. It is my understanding, however, answer specifically or give a specific
ards, I said that the man selected to that the President has wide powers in the moral judgment or make a fine ethical
field of foreign relations and within the distinction. However, this is an area in
head the Central Intelligence Agency framework of the Constitution is empowered which a decision must be made, without
should be aware of the great powers to do what he deems to be necessary to pro-
which are given to him. Since he may tect and promote the national interest. At attempting to apply a theoretical situa-
be called upon-and will certainly be the present time, in my opinion, the national tion to a particular case. It may be that
called upon-to operate In an area in interest is best served by taking steps to Mr. McCone would be willing to carry
which the question of constitutionality deter the encroachment of communism. on such a discussion in private, but judg-
and the question of right or wrong will Does this mean that he would justify ing from what he said I cannot be sure
sometimes be very difficult to determine, any step or any action, constitutional or of that.
he should, if possible, be experienced in extra-constitutional or . unconstitutional Mr. SYMINGTON. Mr. President,
intelligence work. As I said, he should in deterring communism? will the Senator yield?
be a good administrator. He should be Mr. McCARTHY. I yield.
I would not say that this is his post- Mr. SYMINGTON. As I understand
concerned with the methods and means tion, but it is the statement that he made
by which he, his agents, and operators in answer to the letter: the question asked of the appointee by
are seeking their goals in gathering in- the able Senator from Minnesota, it was
At the present time, in my opinion, the as to what were his views as to the au-
formation and in carrying out what has national interest is best served by taking thority for some of the actions attributed
some to be called operations, steps to deter the encroachment of commu- Agency in the
foreign affairs Intelligence within
It is against those four or five general nism. to field the Central
the
cision with hat regard must make our de- This is a fine, general statement of years. If I were asked the question, I As I have wtred, to the nominee. te. attempt to policy, but what is needed is some re- would not know how to answer it.
have ud ment I would not u - finement and somewhat more specific The Central Intelligence Agency has
pass judgment ewith xperience regard intelligence. he rues- - statement with relation to the involve- been identified, as almost entirely re-
In t ti hn before the committee it was ee it was or ment of the Central Intelligence Agency, sponsible for the Cuban situation. Based
In cs ed that before the as has been charged in the press and in on the record to which I listened care-
no experience that that McCone little t other places: fully, and which, as the Senator knows,
are field. As I have As provided by law the Central Intelligence some members discussed on the floor, I
said, experience in
there really llb are no clear standards Agency operates under the direction of the can not agree.
j -
u be applied by which he might man National Security Council which is advisory This is a very delicate field. I ap-
dged. been annot say, "Here is a man to the President and of which he is Chair- proach it with caution, even in com-
who`has beehighly successful," as could man add, therefore, it is but one of the arms meeting that much.
have been said about Allen Dulles. In in the complex of establishments which are next question the Senator asked
my judgment he should be a man who - involved in the President's conduct of for- The
of the nominee was t to the methods
has taken a stand or at least who has eign policy.
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CONGRESSIONAL RECORD -SENATE January 29
which can be justifiably used by the to us, would, in my opinion, have been and while I will have overall responsibility
Central Intelligence Agency.
ui answer 1 mlgnt authority enoulci be made to the
.v waazau ma"
known to be a covert, as well as an overt have given to that question. I cited all Deputy Director of Central Intelligence.
ag'eney, 'and which has been set up on this as an example. I do not say it is Senator MCCAnmY's second question asked
tha+ bats to protect the freedom of this Mr. McC>ane's approach. It is not my the what bearing such changes would have upon
countu, could possibly answer that approach. I do not believe even that it gence Agency c the head on f the operation of the
question' is really the approach of Mr. C. D. Agency.Any an ted s made pn a y or-
As the Senator from Minnesota knows, Jackson. Agency I have ganization will have no bearing on the duties
great respect for his opinion. Mr. SYMINGTON. The Senator did of the Director of Central Intelligence, the
However, let me read that question not read the last sentence in the fifth scope of whose responsibilities is set forth
again. paragraph of the statement of Mr. Mc- in the Presidential letter mentioned above.
Mr, SALTONSTAIL. Mr. President, Cone, incident to that question. Was The authority of the Director has been
what was that question? there any reason for not doing so? neither enhanced nor diluted, and I believe
Mr . SYMINGTON. It is the pkepce of the President's directive question Mr. MCCARTHY. I do not think so. to make clear that the Director of Central
al
No. 4. I thought I had read it. Intelligence is his principal intelligence offl-
This .would involve such matters as Mr. SYMINGTON. If I am incorrect, cer to exercise the dual role set forth in the
whether a member of a foreign service I apologize. law, to be responsible for the direction of the
could be influenced in any way. I can Mr. MCCARTHY. I think I made ref- Central Intelligence Agency itself, and to as-
think of many other matters, and so can erence to it. I may not have completed sure the coordination of the intelligence
you other Senators. I just do not under- reading it. community as a whole. The one change that
stand how a man could answer that Mr. SYMINGTON. May I read it? has been made is in connection with the
question? Mr. McCARTHY. Yes. I do not think teal Intelligence tcoordination funcsio Chairman the of U.S. Cen-
In-
He knows the nature of the oath he it is really pertinent. I have no ques- telligence Booard, is .which is composed of o1 the
takes when he takes the office, as he has tion that Mr. McCone would not know- heads of all the intelligence components of
twice in the past. I ask the Senator ingiy violate his oath of office. The the Government, and I have placed the
from Minnesota to give consideration, if statement really does not relate to my Deputy Director of Central Intelligence on
he were nominated for this position, to question, because I do not expect that that Board to represent the views of the
what his answer would have been to this he would even have had to say this in Central intelligence Agency in connection
question: - answer to me. However, I should like It with any matters considered by the _Board.
appeared tome that if I served as chair-
What is the nominee's judgment as to to have the statement complete in the man and as such as the e President's repre-
methods which can be justifiably used by RECORD. As a matter of fact, if I may sentative and the Deputy as the Agency's
the Central Intelligence Agency? have unanimous consent to do so, I representative was the advocate of the
The Senator, realizing, of course, that should like to have the entire letter Agency's viewpoints, I would be in a position
this nominee would report to the Presi- printed at this point in the RECORD. to take a more objective point of view. This
dent of the United States. Mr. SYMINGTON. I thank the Sena- new arrangement was approved by the Presi-
Mr. MCCARTHY. Well, I did not ex- tor. I was about to make the same dent in the letter referred to above.
request. Senator Ms as to 's third question asks
pest the nominee to give an answer in There being my views as to the authority for some
terms of every specific and possible ac- g no objection, the letter of the actions. attributed to the Central In-
tion that might be taken. However, some was ordered to be printed in the RECORD, telligence Agency in the field of foreign af-
time ago Mr. C. D. Jackson made a as follows: fairs within recent years. Many events have
speech in which he -said, as I recall the CENTRAL INTELLIGENCE AGENCY, been attributed to the Central Intelligence
quotation, that we should proceed as Washington, D.C., January 19, 1962. Agency over the years, and it would be im-
fanatics, with no holds barred and no on. RICHARD B. RUSSELL, possible or me to have the facts on these
Chairman, Armed Services Committee, matters, but I certainly do not accept that
questions asked. U.S. Senate, Washington, D.C. because they are attributed to the Central
If this had been the nominee's answer DEAR SENATOR RUSSELL: I am happy to re- Intelligence Agency the Agency is responsi-
I would have had to say that here is a spond at the Armed Services Committee's ble for them. The Senator's question ap-
person who is insensitive to the question request to the statement Senator EUGENE J. pears to go to the basic juridical or constitu-
af methods. We must be very careful MCCARTHY made on January 18, 1962, at the tional authorities of the executive branch,
not to attempt to justify the use of any om
enin of committee's on m and this invoes inationtto the position of hearingsDirector of which since I am not aolawyer,gI do notifee l
methods or any means because we feel Central Intelligence. I shall respond directly competent to debate.
our objective is good in the matter of to the specific questions posed by Senator It is my understanding, however, that the
communism or fascism. I would expect MCCARTHY at the end of his statement, but President has wide powers in the field of
him to make a statement in which he as other portions of the statement were con- foreign relations and within the framework
would make a distinction between right sidered during the hearings I shall also set of the Constitution is empowered to do what
and wrong, even in this difficult area in forth my position in regard to them. he deems to be necessary to protect and pro-
which the Agency must operate. I did The-first question asked if the Central In- mote the national interest At the present
not expect him to make a particular, fine telligence Agency is to be reorganized and if time, in my opinion, the national interest is
judgment. However, it was not unrea- so in what respects. I have been and I am best served by taking steps to deter the en-
sonable to expect a'man to indicate at intent y tTherpresention of the Agency very law croachment communism. e provided
pattern of organiza- law the e Central Intelligence Agency operates
es
least the framework of principle or pat- tion of the Agency is the result of years of under the direction of the National Security
tern of principle within which he would study by competent people, both within the Council which is advisory to the President
attempt to make this hard and difficult Government and outside consultants, and in and of which he is Chairman and, therefore,
judgment or recommendation. my opinion it is not a bad pattern of or- it is but one of the arms in the complex of
Mr. SYMINGTON. recd N. Mr. President, will ganization.- However, I believe that in all establishments which are involved in the
the Senator yield? departments of the Government there is an President's conduct of foreign policy. I in-
Mr.MCCARTHY. I evolution in management procedures and op- tend to carry out to the best of my ability
yield. portunity for improvement, so I think that all duties assigned, and I must assume that
Mr. SYMINGTON. I believe Mr. C. D. some changes will be indicated in the Agency no such assignment would cause me to vfo-
Jackson, to whom the able Senator has organization. I would propose to discuss any late my oath of office to support and defend
referred, is the publisher of a well- important changes with our congressional the Constitution.
known tr~agazine, and has been out of subcommittees. Senator McCARTHY's fourth question con-
the Government for years. During the hearings before your committee earns my judgment as to methods which can
Mr. MCCARTHY. Yes. I read into the record a letter from the Presi- be justifiably used by the Central Intelli-
dent concerning the scope of the responsibil- Bence Agency. The very nature of the ques-
Mr. SYMINGTON. Has that anv- i+ioe He ~,
is in
l
ht
id
?~ e
g
of the respon-
me
delegate to a p
Mr, MCCARTHY. The Senator from principal deputy as I sibility imposed upon me by law to assure
Missouri asked me to give an example of , may deem necessary so much of the direction the protection of intelligence sources and
the kind of answer that I would make in of the detailed operation of the Agency as methods from unauthorized disclosure.
the kind of an e r _I said uldt ake is may be required to permit me to carry out Senator MCCARTHY'S fifth question was to
the primary task of the Director of Central the extent of my involvement, if any, in what
the kind of answer, if it had been given Intelligence. This, of Course, I intend to do, had been described or reported as "leaks"
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1962 CONGRESSIONAL RECORD - SENATE 935 .
from the Atomic Energy Commission with are settled internally through the mechanism also whether the National Security
reference to the moratorium on nuclear test- of the U. Intelligence Board. Council me y have directed things which
ing. I know of no instance where I person- I trust the foregoing will serve the needs of were extra-constitutional, and in which
ally or any of the Commissioners were the. committee. the proper participation of Congress it-
charged by anyone with leaking anything Yours very truly,
either on this subject or any other subject JOHN A. McConE, self was not provided for. So it is a
of a classified nature. There were leaks in Director. basic question of the involvment of Con-
this area, but there were none that were _ gress and its participation in decisions,
attributed to the Atomic Energy Commission. Mr. SALTONSTALL. Mr. President, some of which I think, under the Con-
Senator MCCARTHY'S sixth question in- will the Senator yield? , stitution, were not intended that Con-
quired as to the facts with regard to the Mr. McCARTHY. I yield. gress be involved, and that this ques-
charge that I attempted to have scientists Mr. SALTONSTALL. The Senator tion would still run through the State
fired at the California Institute of Tech- from Minnesota has raised the question
vivuvavuuu vy
a statement concerning suspension of nu- o actions, and av
,Council, and the Central Intelligence
clear testing. I differed strongly with their forth. I have been looking up the law. Agency,
position and felt that the manner in which I believe that chapter 343 of the Acts of Mr. SALTONSTALL. The Secretary
the statement came out tended to imply that the 80th Congress, section 102(a), be- of State himself is a member of the
it was an official Cal Tech position. I wrote ginning on page 497, is still the present National Security council. Certainly
my letter stating my strong disagreement to law regarding the Central Intelligence we would hope the President would not
1 of the 19 scientists directly, Dr. Thomas Agency. I wish to call attention to sub-
Lauritsen. To the best of my recollection I paragraph (d) of section 102, which de- authorize, through yn the be done hat was
did not send copies of this letter to the uni- . fines its duties. - If the Senator from Council, anything to be done that was
versity or officials thereof, and the file carbon not constitutional.
which I retained does not indicate any dis- Minnesota will permit .me to do so, I
whiution. I would be less than candid if should like to read the five duties. . 1VeCARTHY Perhaps we should
I did not say that my views concerning this Mr. McCARTHY. I should be glad to ask k f for representation from Congress on
matter were known to many people. How- have the Senator from Massachusetts do mebe an National alternative Security to Council. om-
ever, I did not officially or unofficially re- so. might a joint C-
quest the dismissal of any or all of the Mr. SALTONSTALL. I read as for- mittee on intelligence.
scientists by the institute, and none were lows: Mr. SA I think that
dismissed as a result of any action by me. matter has s been been discussed in the past
The general thrust of Senator MCCARTHY'S (d) For the purpose of coordinating the and decided in the negative.
intelligence activities of the several Govern-
statement was the need for greater congres- ment departments and agencies in the in- Mr. MCCARTHY. Conditions Change.
sional supervision of the Central Intelligence terest of national security, it shall be the I think it it was was Edmund Burke who said
Agency, and early in his statement he said duty of the Agency, under the direction of that for every political decision or situa-
there is no regular or normal procedure in the National Security Council- tion, the number of factors involved is
existence or in use today by which commit- (1) to advise the National Security Coun- infinite; therefore, the number of de-
tees of the Congress are consulted or in- oil in matters concerning such intelligence
formed of the Central Intelligence Agency's g cisions that might be right is also
activities. There are, of course, subcommit- activities the Government departments i nfinite:
and agencies s as relate to national security;
tees of the Armed Services Committees of Mr. B o T. Mr. President, will
both the Senate and the House, constituted tional (2) to make Security Council for the o recommendations
coordination the Na- the e Senator tor from Minnesota yield?
?
as CIA subcommittees, and there are sub- such Intelligence activities oun vitof the depart-
committees of the Appropriations Commit- . ments and agencies es s of the Government t as as r re- Mr. ARTLE MCCARTHY. I yield.
tees of bthe Senate and the House, and re- Mr. BARTLETT. First, I desire to
late to the national security; congratulate the Senator from Minne-
onstif tuted both
te
stie to the
Agency's e the appropriations Central Intel
matters. (3) to correlate and evaluate intelligence sots for his discussion this afternoon.
c
ligenc
The Central Intelligence Agency has been at relating to the national security, and provide I think the issues he has raised and the
all times responsive to the calls of these sub- for the appropriate dissemination of such in- questions he has propounded ought to
committees and in addition has brought to telligence within the Government using have been raised and propounded.
their attention matters the agency felt where appropriate existing agencies and fa-
their While it is true that he-and, for that
should properly be considered by them. I policeProvided, That the Agency shall have matter, all the rest of us-must, be-
will continue this policy and this relation- or police,
internalsuturny functions: : Provided powers,
ship with these subcommittees. or -seourit fur- cause of the very nature of the Agency
ther, That the departments and other agen- which is the subject of the discussion,
Senator MCCARTHY'S statement quoted a cies of the Government shall continue to proceed, as it were, through the dark,
comment by Hanson Baldwin that Intel- collect, evaluate, correlate, and disseminate darkly
yet he has brought out her
t t
f t to
,
e
t o"Le un- nshl departmental Intelligence: And provided fur- Points which .I think will, in- the long
supervised In additi
to ehe
p ther, That the Director of Central Intelli-
with the subcommittees of the Congress set Bence shall be responsible for protecting in- run, result in an improved functioning
forth above, the Agency reports to the Na- telligence sources and methods from unau- of the CIA. For that reason, if for no
tional Security Council and is subject to di- thorized disclosure; other, the country is indebted to the
rection by the National. Security Council. (4) to perform, for the benefit of the ex- junior Senator from Minnesota.
There are precise interdepartmental arrange- isting intelligence agencies, such additional I was very favorably impressed by the
ments for consideration of certain of the services of common concern as the National statement Mr. McCone made before the
Agency's activities so that the President and Security Council determines can be more ef- Committee on Armed Services, not
the Secretaries of State and Defense can ap- ficiently accomplished centrally;
ply policy guidance and be adequately in- (5) to perform such other functions and once, but two or more times, in response
formed. duties related to intelligence affecting the believes it to~bea the duty tyaof the CIA to
Senator McCARTHY also sets forth a quota- national security as the National Security
tion from Walter Lippmann stating that the Council may from time to time direct. formulate policy. His description of the
Central Intelligence Agency has been much purpose of that organization is, as I re-
too often an original source of American I call especial attention to subpara- call his thinking about it, to collect in-
foreign policy. I do not consider that the graph (5):
Director of Central Intelligence is a policy- , (5) to perform such other functions and to be vitally tolligeand data.
important. That If seems
rumors s are
making position. The chief function of the duties related to intelligence affecting the be believed, has are
Agency is to obtain all possible facts from all national security as the National Security true the that h has not always been
sources and after proper evaluation dissemi- Council may from time to time direct. tin the past.
nate them to the President and other ap- My understanding of the situation is
propriate policymakers. I might be asked my That would put the CIA directly under that foreign policy is to be conducted
personal views, and if so I would feel free to the National Security Council, to per- by the President, with advice and guid-
give them, but do not conceive that it is form whatever actions the National Se- ance coming principally from the De-
proper for the Director of Central Intelligence curity Council asked the CIA. to do, as partment of State, and that the contri-
to volunteer in regard to questions concern- I interpret that sentence. ' butions of the Central Intelligence
ing the national policy. Within the intel- Mr. McCARTHY. Of course, the Agency are to be made in the supplying
ligence structure there are, of course, from
time to time, policy questions concerning or- question of constitutionality would arise of intelligence information upon which
ganization or methods, but these are not re- so as to determine whether tl-le CIA per- those decisions can, as we hope, be
lated and therefore must be clearly differen- formed duties which the National Se- properly made. But if there are two or
tiated from matters of national policy and curity Council had not directed, and sometimes, as is rumored, more organi-
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CONGRESSIONAL RECORD - SENATE January 29
zations, especially in areas abroad, to this subject, when the question of con- Mr. McCARTHY. I did not. I said
where we seek to influence people and firmation of a nomination is before the that i should like to have the committee
governments, setting out different poli- Senate? ask questions on that.. But I think the
ties and guidelines, only confusion and Mr. McCARTHY. Let me say to the procedure in the committee is not to
sometimes chaos will result. Senator from Massachusetts that sev- have other Senators ask questions there.
That is why I was especially pleased eral other Members have been concerned Is that correct?
to hear Mr. McCone define the chief about some other-related problems, and Mr. SYMINGTON. The Armed Serv-
purpose, as is revealed in the printed I should like to hear them express their ices Committee was very glad to have the
hearings on his nomination, of the CIA views. But it is my feeling that whereas Senator from Minnesota submit ques-
as being a gatherer of facts. I would not say the nomination of Mr. tions. The Senator from Arkansas has
Mr. McCARTHY. I thank the Sena- McCone should be rejected on the basis brought up a pertinent point, because
tor from Alaska for his comments. of ,any one of the specific points which the chairman of the Senate Armed Serv-
Mr. SYMINGTON. Mr. President, have been made against confirmation ices Committee permitted questions in
will the Senator from Minnesota yield? of his nomination, yet the total pattern any detail the Senator from Minnesota
Mr. MCCARTHY. I yield. or configuration is such that ifit were wanted to ask them. Some are part of
Mr. SYMINGTON. It is somewhat for me to make the decision about con- the record, beginning with page 32, listed
academic, but I think there is merit in firfllation of his nomination or rejec- from 1 to 6. The answers were given
the suggestion of the Senator from Min- tion of his nomination, I would have to by Mr. McCone in the letter which mem-
nesota for congressional representation vote "No." So unless I am persuaded bers of the committee received; and it
on the National Security Council. At otherwise in the course of time-and of is now part of the hearing record.
one time a distinguished former Mem- course, as Edmund Burke said, little -I would say, with great respect to the
ber of this body, the Honorable James W. time remains, for we must vote on this Senator from Minnesota, that if there
Wadsworth, introduced a bill to that question the day -after tomorrow, were any specific questions for the pur-
effect. It had to do with making the Wednesday, and even though I do not pose of challenging the nominee's capac-
Vice President a statutory member of think many Members would base their ity in this field, and his knowledge of
the National Security Council. The decision on my declaration of position, foreign policy-which, as the Senator
'proposal was opposed by the administra- Yet I would have to say that as of now knows, is reasonably extensive, based on
tion at that time, because it was consid- I am not prepared to vote in favor of positions he has held in the past-inas-
ered that the Vice President was a confirmation of the nomination. much as the Senator from Minnesota
member of the legislative branch, not Mr. SALTONSTALL. Mr. President, has now declared his intention to vote
the executive branch. will the Senator from Minnesota yield against confirmation of the nomination,
But I think there is merit in the idea, further? I would have hoped the questions would
and I hope that at sometime the able Mr. McCARTHY. I yield. have been asked of the nominee at the
Senator from Minnesota will develop any Mr. SALTONSTALL. Whereas I committee hearing, so that before the
further thoughts he may have on that. agree on many subjects with the Sen- -Senator from Minnesota took the floor
Mr. McCARTHY. Ithank the Sena- ator from Minnesota, let me say very he would have had answers to any ques-
tor from Missouri. fervently and categorically that I dis- tions he cared to ask.
On this point I think it important that agree with him on this one, and I shall Mr. FULBRIGHT. Mr. President, will
Senators give attention. to the entire vote in favor of confirmation of the the Senator from Minnesota yield?
matter of procedure. -I think that some- nomination. Mr. McCARTHY. I shall yield in just
times we believe democracy is self- Mr. McCARTHY. In view of the a moment.
operating and that we do not need to Senator's previous remarks, I assumed - First, let mesay that the questions to
worry very muchabout it or about what that he was likely to reach that conclu- which the Senator from Missouri refers
the channels are and what the juridical sion. were included in my statement and were
basis is, and we are inclined to believe 'Mr. FULBRIGHT. Mr. President, on suggested to the Armed Services Com-
that it will take care of itself. I was not this point, will the Senator from Minne- mittee as relating to an area about which
a supporter of the famous Bricker sota yield? they might wish to ask questions.
amendment; but I do not think the only Mr. McCARTHY. I yield. Mr. FULBRIGHT. That is what I
question involved was isolationism, be- Mr. FULBRIGHT. A moment ago I wished to ask about. Did anymember
cause there were also questions of the thought the Senator_ from Minnesota of the Armed Services Committee ques-
authority proceed to discuss the affirmative
authority of Congress and the involve- tion the nominee in regard to this aspect
anent of Congress in some of the deci- reasons which had been advanced in re- of foreign relations?
sions. So I think we should give atten- gard to the question of confirmation of
tion to this problem, -not only in regard this nomination. Do I correctly under- MrthMr. were no questions SSo o there far re as in I kn knoow,
w,
to the CIA and foreign problems, but stand that the Senator has completed to matters which can be defined as mat-
also in regard to matters in domestic thMr. part
McCA hisRTHY . I thought, I that by ters of foreign policy or relating to for-
M
fields. indirection I had -made those points. eign problems.
Mr. President, I have only one more Certainly I do not dispute some of the Mr. FULBRIGHT. Does not the Sen-
related set of remarks to make. These claims made for the nominee or about -ator think it is rather unusual that the
.have i do, not with this partciular case, his fine record, as pointed out. by the committee did not ask questions about
but with the entire function ion of the Sen- Senator from Missouri. I can only say such matters, which are of primary con-
ate in its role in acting on nominations. that I have in mind a different point. cern to it?
Mr. SALTONSTALL.
will t ALL. Mr. President, As regards the administrative expe- Mr. McCARTHY. I had hoped they
at this point will the Senator from Min- -hence of the nominee, I am not in a would, because the public record is very
`nesota yield? position to challenge, or at least I am scanty.
The P;EtESIDING OFFICER (Mr. BUR- not inclined to challenge, any of those
Dicx in the chair). Does the Senator Mr. FULBRIGHT. The Senator from
from Minnesota yield to the Senator statements. Minnesota is not a member of that tom-
from Massachusetts? Mr. FULBRIGHT. Do I correctly un- mittee; is he?
derstand that the Senator from Minne-
Mr. Mr. MNo, I am not a
McCARTHY. I yield. sota has said he has. no knowledge of member McCARTHY.
the Armed Services ces Commit-
Senator a
Mr. SALTONSTALL. The Senator the nominee's views in regard to matters tee.
from Minnesota has made a learned pre- of foreign policy? Mr. FULBRIGHT. So the record does
sentation in regard to the CIA and Mr. McCARTHY. I say that I am not
supervision of it by the Congress, and informed in regard to his position on not show that any member of the Armed
other related matters. Do I correctly many matters of complicated and dim- Services Committee asked about these
understand that the Senator from Min cult foreign policy, and this is informa- matters; does it? I am asking the Sena-
nesota opposes confirmation of the pend- tion which I should like to have. for that question.
ing nomination; or is he raising ques- Mr. FULBRIGHT. Did the Senator Mr. McCARTHY. No; not in what I
tions now because hebelieves this is the ask questions of the nominee himself on consider a sufficient way to go into such
proper time to raise questions in regard- this subject? complicated matters.
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Mr. SALTONSTALL. Mr. President,
will the Senator from Minnesota yield?
Mr. McCARTHY. I yield.
Mr. SALTONSTALL. I should like to
refer the Senator from Minnesota to the
committee hearings at the top of page
42. From that page I quote the follow-
ing statement by Mr. McCone:
As I said, from the standpoint of my com-
petence in office, it is my responsibility to
report facts, and, furthermore, I think I
should avoid, so far as possible, being drawn
in on a personal basis into any policy dis-
cussions because that, to an extent, may have
some effect on what people, the validity that
people might attach to the facts.
However, I would expect that because of
the various areas of activity that I have had
in Government in the past, that maybe my
personal opinion may be asked on some sub-
jects. But in my role as Director of Central
Intelligence, it would be beyond my com-
petence to deal with policy.
That was brought out at least two or
three times during the discussion; and
certainly in the past the former Direc-
tor, Mr. Dulles, said clearly that he had
never expressed himself on matters of
policy. He said it was his duty to obtain
the facts and to give them to the policy-
makers, who are the President, the Sec-
retary of State, the Secretary of Defense,
and so forth.
Mr. SYMINGTON. Mr. President, will
the Senator yield?
Mr. McCARTHY. I yield.
Mr. SYMINGTON. Does the Senator
believe a nominee to be Director of the
Central Intelligence Agency can properly
testify before a congressional committee,
in open session, his views with respect to
matters relating to his programs and
policies, as he views them in regard to
our intelligence activities in the various
foreign countries?
Mr. McCARTHY. I do not know that
it would have been necessary for him to
discuss all of these in open committee
sessions. I would not have been opposed
to having the committee hold some ex-
ecutive sessions or limited sessions, if
need be. But to satisfy myself, at least,
I should have liked to have had a knowl-
edge of his stand on some of these issues
with which the Central Intelligence
Agency will have to deal. r
I think this raises a rather serious
question in regard to what is the real
role of the Senate in regard to acting
on the question of confirming Presi-
dential nominations-for instance
whether the Senate is to take the posi-
tion that the point of view of the nomi-
nee has no relationship to the question
of confirmation, and should not be in-
quired into.
Mr. SYMINGTON. In open Ses-
sion--
Mr. McCARTHY. If so, that limits
the role of the Senate to checking and
ascertaining whether the nominee is
honest,,and whether he has FBI clear-
ance, and perhaps whether under cer-
tain conditions he has a health certifi-
cate. In that event it could be said there
is no need for the Senate to inquire into
these other areas.
. There is no need to hold extensive
hearings, in my opinion, for important
decisions to cover these three points; but,
traditionally, the Senate has looked into
the matter of the point of view of a
nominee. Let us take the Secretary of
State. It may be pointed out that he
simply is the instrument and agent of
the President, so why should we ask him
what his policies are? It could be said
that this man is purely the representa-
tive of the Executive.
With respect to the appointment of a
former Secretary of Agriculture, we
Democrats went into that question ex-
tensively with respect to Ezra Taft Ben-
son. Why did we not then say that he
had nothing to do with policy; that he
was simply the channel, the instrument,
and was pure and undefiled? We raised
the question of point of view and poli-
cies in many other areas that are not as
important as they are in the determina-
tion of policies of the Central Intelligence
Agency.
Mr. SALTONSTALL. Mr. President,
will the Senator yield?
Mr. McCARTHY. I yield.
Mr. SALTONSTALL. I say, just as
emphatically as I can, from my knowl-
edge of CIA and its activities over the
years, that if Mr. McCone had made a
statement on policy questions and had
said, "I believe that this is the wrong
policy, and this is the rigl}t policy," it
would have affected my opinion very
materially as to whether he was the
right man for this kind of position to
which he has been appointed. His job
is not to express policy positions, but to
get facts on which the policymakers can
act. If they do not have the facts so
they can do a job, he should get more
facts or resign, or be asked to resign be-
cause he is not doing his job of getting
the facts.
I say that most respectfully to the,,
Senator from Minnesota, because in this
instance it is distinctly against the
nominee's qualifications for the position
for one chosen to express himself on
policies of the Government. That is my
understanding of the situation.
Mr. McCARTHY. I think if we could
be sure that he was going to be com-
pletely neutralized from now on, it
might be the ideal. If he replied that
he had no views or has had no views on
policy problems that have bee>} before
us, it would be another matter. But I
do not think the Senator would argue
that Mr. McCone is a man who has no
views or has had no views, so it is a
matter of some. significance to know
what they are or have been. We can
move from that point to determine
whether or not he would let those views
affect what he might do as the head of
tlfe Central Intelligence Agency. I say
we would not accept a man as. head of
the Rural Electrification Administra-
tion and say we did not care what his
views are. The Senate would not re-
spond to that kind of appeal. I recog-
nize that these remarks would not apply
to the head of this Agency as they would
to the head of the REA; but, in terms
of procedure, I would be. opposed to a
man who had expressed certain views
on the questions of policy in a field in
which he was going to be active, be-
cause, in the formal sense, he would be
expected to carry out the laws of
Congress.
Mr. SALTONSTALL. If the Foreign
Re ations Committee did not ask a new
Secretary of State for his ideas and
position and feelings on foreign affairs
matters, I think it would be derelict in
its duty. That would be true with re-
spect to the Committee on Agriculture
and Forestry with respect to one's agri-
cultural policies. But in this case it is
not, I repeat, a policymaking job; this
is an effort to find a man who is capable
-of getting the facts, administering the
Department, picking out good men to
work under him, so that they can get
the facts and give those facts to the
President, the National Security Coun-
cil, and, when asked, to the Congress.
Mr. McCARTHY. The record shows
that this Agency has been a policy mak-
ing one and has had a great influence on
policy. If such complete neutralism
could be achieved, I think the Senator's
case could be made. I was going to con-
clude with a statement which is really
an answer to the question the Senator
raised earlier. In this case the whole
somehow is greater than the sum of its
parts, and I am inclined to oppose the
nomination.
Mr. SYMINGTON. Mr. President,
will the Senator yield?
Mr. McCARTHY. I yield.
Mr. SYMINGTON. The Senator from
Minnesota had an interview with Mr.
McCune, did he not?
Mr. McCARTHY. Yes.
Mr. SYMINGTON. At the Senator's
request?
Mr. McCARTHY. I think it was at
his request.
Mr. SYMINGTON. Did the Senator
find Mr. McCone evasive?
Mr. McCARTHY. No. I think he
answered essentially in the same way he
answered before the committee and in
the letter which he subsequently sent to
the committee when the committee sug-
gested-I do not know whether it was a
suggestion or not-that he answer in re-
sponse to my question, which the com-
mittee presented to him.
Mr. SYMINGTON. The only reason
I mention this conference is because of a
discussion before the committee. I had
felt the Senator from Minnesota was
stating Mr. McCone attempted to dis-
charge these professors.
Mr. McCARTHY. I have not raised
that question here today.
Mr. SYMINGTON. I know the Sena-
tor has not. I am raising it.
Mr. McCARTHY. I have made no
point about evasiveness with respect to
any question.
Mr. SYMINGTON. I asked the Sen-
ator that question because I wanted it
clear in the RECORD that he had not re-
quested the discharge of these men and
none were discharged.
Mr. McCARTHY. Insofar as I know,
what the nominee said in answer to the
various questions, not only in that hear-
ing, but before the Joint Committee on
Atomic Energy, presented a picture of
one in whom there was no evasion or
misrepresentation of fact.
Mr. SYMINGTON. I thank the Sen-
ator.
Mr. McCARTHY. There may be a
few side facts that may not. have been
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938 CONGRESSIONAL RECORD - SENATE anuary 29
presented, but, so far as questions went During the hearings before your committee dent's conduct of foreign.policy. I intend to
in that field, I would not say he has not I read into the record a letter from the carry out, to the best of my ability, all duties
completed the record. President concerning the scope of the respon- assigned, and I must assume that no such
sibilities he has asked me to assume, and assignment would cause me to violate my
Mr. SYMINGTON. I brought that the President stated therein that he would oath of office to support and defend the
question up because the question was expect me to delegate to a principal deputy Constitution.
asked. Are there any fields in which as I- may deem necessary so much of the Senator McCARTHY's fourth question con-
the Senator believes the nominee was direction of the detailed operation of the cerns my judgment as to methods which
evasive? Agency as may be required to permit me can be justifiably used by the Central In-
Mr. MCCARTHY. At present, no. It to carry out the primary task of the Director telligence -Agency. The very nature of the
Is not-a question of evasiveness. I have of Central Intelligence. This, of course, I question is such that I believe I cannot
made no charge of evasiveness, but I intend to do and while I will have overall respond to it, particularly in the light of
responsibility for the Agency, I am studying the responsibility imposed upon me by law
raised some questions which had been . what delegations of authority should be to assure the protection of intelligence
raised, to which satisfactory answers made to the Deputy Director of Central In- sources and methods from unauthorized
were given in the hearings, and in part telligence. disclosure.
raised them here because they deserved Senator MCCARTHY'S second question asked Senator McCARTHY's fifth question was to
special consideration in reference to what bearing such changes would have upon the extent of my involvement, if any, in
facts in controversy with respect to the the duties of the head of the Central In- what had been described or reported as leaks
head of the Central Intelligence Agency. telligence Agency and upon the operation from the Atomic Energy Commission with
Mr. SYMINGTON. I thank the of the Agency. Any changes made in Agency reference to the moratorium on nuclear
organization will have no bearing on the testing. I know of no instance where I per-
Senator. duties of the Director of Central Intelligence, sonally or any of the Commissioners were
In the record the Senator from South the scope of whose responsibilities is set charged by anyone with leaking' anything
Dakota asked the nominee about his forth in the Presidential letter mentioned either on this subject or any other subject
position; whether he was a policymaker; above. The authority of the Director has of a classified nature. There were leaks in
and he said "No." I am sure it was the been neither enhanced nor diluted, and I this area, but there were none that were
feeling of his predecessor that he should believe the purpose of the President's direc- attribtued to the Atomic Energy Commission.
policymaker. tive is to make clear that the Director of Senator MCCARTHY's sixth question in-
not Mr. be a -MCCARTHY. I thank the Seri- Central Intelligence is his principal intelli- quired as to the facts with regard to the
gence officer to exercise the dual role set charge that I attempted to have scientists
ator. forth in the law, to be responsible for the fired at the California Institute of Tech-
Mr. President, I ask unanimous con- direction of the Central Intelligence Agency nology. Ten scientists at Cal Tech signed
sent that there be printed at the itself, and to assure the coordination of the a statement concerning suspension of
conclusion of my remarks two docu- intelligence community as a whole. The nuclear testing. I differed strongly with _
merits, one a letter from John A. McCone one change that has been made is in con- their position and felt that the manner in
addressed to the Honorable RICHARD B. nection with the coordination function. which the statement came out tended to
RIISSELL, chairman of the Armed Serv- The Director of Central Intelligence is imply that it was an official Cal Tech posi-
ices Committee, dated January 19, and Chairman of the U.S. Intelligence Board, tion. I wrote my letter stating my strong
an article entitled "The Secret Mission which is composed of the heads of all the disagreement to one of thq 10 scientists
intelligence components of the Government, directly, Dr. Thomas Lauritsen. To the best
in --an .Open -Society," by Harry Howe and I have placed the Deputy-Director of of my recollection I did not send copies of
Ransom. At the time the latter article Central Intelligence on that Board to repre- this letter to the university or officials
was written Mr. Ransom was on the sent the views of the Central Intelligence thereof, and the file carbon which I retained
faculty of Harvard, if I may correct Agency in connection with any matters con- does not indicate any distribution. I would
my earlier statement. He has since sidered by the Board. - It appeared to me be less than candid if I did not say that my
moved from Harvard. that if I served as Chairman and as such as views concerning this matter were known to
letter the President's representative and the Depu- many people. However, I did not officially
There
article icle being were no objorderedectionto, be the printed ? ty as the Agency's representative was the or unofficially request the dismissal of any
advocate. of the Agency's viewpoint, I would or all of the scientists by the institute, and
In the RECORD, as follows: be in a position to take a more objective none were dismissed as a result of any
CENTRAL INTELLIGENCE AGENCY, point - of view. This new arrangement was action by me.
Washington, D.C., January 19,1962. approved by the President in the letter re- The general thrust of Senator MCCARTHY'S
Hon. RICHARD B. RUSSELL, ferred to above. statement was the need forgreater congres-
Chairman, Armed Services Committee, Senator McCARTHY's third question asks sional supervision of the Central Intelligence
U.S. Senate, for my-views asto the authority for some of Agency, and early in his statement he said
Washington, D.C. - the actions attributed to the Central Intelli- there is no regular or normal procedure in
DEAR SENATOR RUSSELL: I am happy to gence Agency in the field of foreign affairs existence or in use today by which commit-
respond at the Armed Services Committee's within recent years. Many events have been tees of the Congress are consulted or in-
request to the statement Senator EUGENE J. attributed to the Central Intelligence Agency formed of the Central Intelligence Agency's
MCCARTHY made on January 18, 1962, at the over the years, and it would be impossible activities. There are, of course, subcommit-
opening of the committee's hearings ono my for me to have the facts on these matters, tees,,of the. Armed Services Committees of
nomination to the position of Director of but I certainly do not accept that because- both the Senate and the House, constituted
Central Intelligence. I shall respond directly they are attributed to the Central Intelli- as CIA Subcommittees, and there are sub-
to the specific questions posed by Senator gence Agency the Agency is responsible for committees of the Appropriations Commit-
MCCARTHY at the end of his statement, but them. The Senator's question appears to go tees of both the Senate and the House,
as other portions of the statement were con- to the basic juridical or constitutional au- constituted to consider the Central Intel-
sidered during the hearings-I shall also set thorities of the executive branch, and this ligence Agency's appropriations matters.
forth my position in regard.to them. involves profound legal questions which, The Central Intelligence Agency has been
The first question asked if the Central In- since I am not a lawyer, I do not feel compe- at all times responsive to the calls of these
telligence Agency is to be reorganized and if tent to debate. It is my understanding, subcommittees and in addition has brought
so in what respects. I have been and I am however, that the President haswide powers to their attention matters the Agency felt
studying the organization of the Agency very in the field of foreign relations and within should properly be considered by them. I
intently. The present pattern of organiza- the framework of the Constitution is ern- will continue this policy and this relation-
tion of the Agency is the result of years of powered to do what he deems to be neces- ship with these subcommittees.
study by competent people, both within the sary to protect and promote the national, in- Senator MCCARTHY'S statement quoted a
Government and outside consultants, and in terest. At the present time, in my opinion, comment by Hanson Baldwin that intelli-
my opinion it is not a bad pattern of organ- the national interest is best served by tak- gence is too important to be left to the
}nation. However, I believe that in all ing steps to deter the encroachment of com- unsupervised. In addition to the relation-
departments of the Government there is an munism. As -provided by law the Central ship with the subcommittees of the Con-
evolution in management procedures and op- Intelligence Agency operates under the di- gress set forth above, the Agency reports to,
portunity for improvement so I think that rection of the National -Security Council, the National Security Council and is subject
some changes will be indicated in the agency which is advisory to the President and of to direction by the National Security Coun-
organization. I would propose to discuss which he is Chairman and, therefore, it is cil. There areprecise interdepartmental ar-
any Important changes with our congres- lishments which axe involved in the Pestab- reen- rangements that thcertain
P esi-
sional subcommittees.
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CONGRESSIONAL RECORD -SENATE 939
dent and the Secretaries of State and De- sources to implement long-range foreign First, Britain has been a world power for
fense can apply policy guidance and be ade- policy objectives. several centuries. Over the years a degree
quately informed. Consequently, an intelligence system to- of confidence in the professionalism of secret
Senator McCARThY also sets forth a quota- day is asked an incredibly wide range of operations has developed
tion from Walter Lippmann stating that the urgent questions, answers to which can be Second, parliamentary government unifies
Central Intelligence Agency has been much obtained sometimes only by devious meth- executive and legislative responsibility under
too often an original source of American ods. When. will Communist China test an majority-party leadership. When Ministers
foreign policy. I do not consider that the atomic device? What future has the eco- are also Members of Parliament, responsibil-
D,irector of Central Intelligence is a policy- nomic integration of Europe? How stable ity for management of secret functions is
making position. The chief function of the is the Government of South Vietnam? What reinforced.
Agency is to obtain all possible facts from course will Sino-Soviet relations take? A third mitigating factor is "the establish-
all sources and after proper evaluation dis- A third reason derives from modern mili- ment." That political leaders, intelligence
seminate them to the President and other tary technological developments. Intelll- chiefs and lords of the press often have com-
appropriate policymakers. I might be asked gence, it often is said, has become the first mon social ties facilitates consensus on
my personal views, and if so I would feel line of defense. Accurate and rapidly trans- necessary secrecy.
free to give them but do not conceive that mitted information is an absoluate require- Fourth, the existence of the Official Secrets
it is proper for the Director of Central In. ment for an effective strategy of deterrence. Act inhibits the publication of secret in-
telligence to volunteer in regard to questions Strategic striking forces must have an ac- formation by imposing legal sanctions on
concerning the national policy. Within the curate dossier of potential enemy targets. the press. Additionally, a special Govern-
intelligence structure there are, of course, And essential elements of information al- ment press arrangement exists under, which
from time to time policy questions concerning ways must be available to thwart an enemy's British editors are sometimes asked upon
organization or methods, but these are not possible surprise knockout blow. receipt of Government defense notices, to
related and, therefore, must be clearly dif- --Much of such information is held in tight-' refrain voluntarily from publishing speci-
ferentiated from matters of national policy est security by the Iron Curtain countries, fled sensitive information.
and are settled internally through the requiring a systematic effort to ferret it British intelligence services, too, are so
mechanism of the U.S. Intelligence Board. out. Similar information is freely available organized that secret political operations
I trust the forggoing will serve the needs to the Communists from our open society. overseas are entirely separate from political
of the committee. Americans have not. flinched at espionage and military intelilgence functions. An
Yours very truly, or underground political action in wartime. agency for secret operations is supervised
JOHN A. MCCONE, A favorite national hero is Nathan Hale, who by a special cabinet subcommittee. The
Director. spied in the American Revolutionary cause. point is that all are under firm political
In World War II, the Office of Strategic authority.
SECRET MISSION IN AN OPEN SOCIETY Services was, deservedly or not, considered Totalitarian regimes, with their absolute
(By Harry Howe Ransom) ' most romantic. ' control of the press, suppression Of opposi-
Silence is the golden word of intelligence. Short of declared war, however, secret tion and centralized government, have few
Recent events, however, have trumpeted U.S. operations are widely regarded as a dirty of the problems of disclosure and control
foreign intelligence activities at full volume business, unfitting America's open, demo- experienced by open societies. The Soviet
and high fidelity for all the world to hear. cratic-and formerly isolationist--society. Union is thought to possess the largest in-
What has come through is disturbing. Events of recent years have, nonetheless, telligence system in the world; its existence
The Central Intelligence Agency's misfor- revea'ed to the public at least the top of is never avowed by Communist leaders.
tunes have engendered the publicity which the iceberg of a vast secret intelligence pro- Even in dictatorships, however, problems
an efficient intelligence system always seeks gram? exist. The interpretation of foreign Intelli-
to avoid. The fact that disclosures have Distasteful or pot, secret operations have gence doubtless is often distorted by the
been made in itself represents a failure. become a major underground front of the intelligence structure there are, of course, fr
The nature of the disclosures raises trouble- cold war. The accelerating pace of cold rigid ideology. And it is also a fact of his-
some issues, but the central question in the warfare in Laos, South Vietnam, Thailand, tory that the secret intelligence apparatus
current White House and Capitol Hill inves- the Congo, Latin America and elsewhere in- often has been a vehicle for internal
tigations is, What is the role of the secret creases the pressure for greater American political conspiracy. Invisible power is
intelligence apparatus in a democracy? involvement in the secret black arts. a potential threat. to constituted authority
One's attitude toward these activities will whatever the form of government.
Few would deny the necessity of intelli- depend, finally, upon one's assessment of Aware of the danger of secret power within
gence activities. After the American U-2 contemporary international politics and of government, the President and Congress
aircraft was downed in Russia last year, the requirements for the common defense.- have attempted to surround the CIA and
President Eisenhower publicly confessed to President Kennedy recently declared that related secret apparatuses with controls.
the world that the United States-pursuant the cold war has reached such a stage that These are designed to reconcile the conflict-
to authority granted in the National Se- "no war ever posed a greater threat to our' ing requirements of secrecy and of demo-
eurity Act of 1947-seeks intelligence in security." If they take that as a valid as- cratic control.
everthi feasible way. The espionage side u sessment, most Americans will assume, al- The first of these mechanisms derives from
vitaal activity he described as a dinstts but though doubtless with misgivings, a war-
vit necessity for security against suurrprise toward secret operations. the fact that the CIA's functions are spec-
attack and for effective defense planning. time attitude view, the existence of a ified, broadly, by Federal statute, defining
revealed in Whatever one's the agency as an instrument of the Presi-
The Cuban fiasco, however, has secret bureaucracy poses special problems in dency. The CIA's operational guidelines
unprecedented detail another side of the American system of government. codified National Se-
CIA activities--clandestine political opera- Knowledge is power. Secret knowledge is are are some 2 Council dozen intelligence directives, -
tiona designed to subvert an unfriendly secret power. A secret apparatus, claiming curity government. superior knowledge and operating outside proved by the President. Action such as
Central Intelligence today has three prin- the U-2 flights and the Cuban expedition
the normal checkrein American demos- must be approved specifically by the Presi-
cipal functions: Intelligence collection, its racy is a source of Invisible government. past he has hthe advice on
analysis and communication to policymakers, The American democratic system, how- dentsuch . mat In matters the o pf s special had a the advice o Subcommittee
and clandestine foreign political operations. ever, is based upon the concept of visible, Cl afters o Operations.
The increasing necessity of these activities is identifiable power, subject to constitutional A second potential check has been the
attributable to three major reasons. checks and balances. One important check
From earliest times, an intelligence ap- is the citizen's right to know what his Gov- President's eight-man Board of Consultants
paratus has been an indispensable part of ernment is doing. Another is the existence on Foreign Intelligence Activities. This was
the paraphernalia of a great world power. of a free press to inform him. established early in 1956, after a Hoover
The worldwide responsibilities of the United How, then, can the controls of a demo- Commisison study expressed concern about
States today require both a system for keep- cratic system be imposed upon the intel- the possibility of the growth of license and
ing the complex details of world politics un- ligence system while maintaining the sec- abuses of power where disclosures of costs,
der constant surveillance and an instrument recy required for its successful operation? organization, personnel and functions are
for secret foreign political action. Secret operations must remain immune precluded by law.
A second reason is that national policy from some of the normal checks, especially The first chairman of this group, composed
decisions are based, increasingly, upon pre- publicity. Heavy dependence must be largely of distinguished industrialists and
dictions of foreign political, economic, and placed upon politically responsible officials former armed-services officers, was James R.
military developments 5 to 10 years hence. to exercise control. . Killian Jr., then president of the Massachu-
This fact is a consequence of the long lead- In a parliamentary democracy, such as setts Institute of Technology. President
time in developing weapons systems and of Great Britain, the problem is less acute. Kennedy recently reappointed Dr. Killian to
the need to make economical use of finite re- The difference is attributable to four factors. the chairmanship of a reconstituted board.
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CONGRESSIONAL RECORD SENATE January 29
after a 2-year interval In which Gen. John E. Secret intelligence must never be more or
Hull, retired Army officer, presided. less than an instrument of national policy.
While the CIA's huge annual budget- Its control should remain primarily a re-
estimated at more than half a billion dol- sponsibility of the Presidency, but Congress
lars-is not subject to normal legislative also must assume a more carefully defined
review, three Congressional standing sub- and active surveillance role. And the De-
committees on central intelligence in fact partment of State, particularly, -must beag-
exist as a third potential checkrein. gressive in weighing gain from success,
The Senate and House Armed Services against cost of -failure, in every proposed
Committees both have subunits assigned as major secret operation.
watchdogs over the CIA. The Senate sub- A second major criticism is that the CIA
committee combines ' senior Senators from places under one roof the separate func-
the Appropriations and Armed Services Com- tions of intelligence collection, its analysis
mittees. The House maintains a separate and- underground foreign political action.
Appropriations Subcommittee, some mem- Those who would organize and carry out
bers of which have been privy to such secrets a proposed secret operation should be sep-
as the atomic bomb (Manhattan project) ap- arated in the decisional process from those
propriations during World War Ii. who supply and interpret information to
The working principle of the intelligence justify the plan.
system in the United States was expressed This unification appears to have been a
some years ago by Allen W. Dulles, Director major defect in the Cuban misadventure. It
of Central Intelligence: may explain both the prediction that Cubans
"In intelligence you have to take certain would rise to assist the exiles in overthrow-
things on faith. You have to look to the ing Castro and the policy decision that the
man who is directing the organization and venture was feasible,
the result he achieves. If you haven't- got Planners and operational commanders no-
someone who can be trusted, or who doesn't toriously come to view the plan as an end in
get results, you'd betterthrow him out and itself. They gradually develop a state of
get someone else." mind that is receptive only to intelligence
Central Intelligence is subject today to data that justify the plan's practicability.
three major criticisms. They involve ques- A distorted view of reality often results.
tions of control by responsible authority, the Another example is the unexpected inter-
efficiency of existing organizations and the vention of the Chinese Communists on a
problem of secrecy. large scale in the Korean war in November
True, the CIA operates under Presidential 1950. - Hard intelligence was available that
directives, and interdepartmental groups the Chinese Communists were infiltrating
from the National Security Council down- North Korea, with a strong possibility of
ward participate both in interpreting in- major intervention. Yet the operational plan
telligence data and in authorizing covert of General MacArthur's forces to drive north
operations. -Yet the principal intelligence to the Yalu went ahead disastrously in dis-
adviser to the highest authority remains the regard of available information thatshould
Director of Central-Intelligence, armed with have given pause. The decisional system
etxraordinary secrecy inside the Government - should be insulated against this common
and with a secret budget. ,^ cause of self-delusion.
In a complex world of fast-moving events Persuasive reasons possibly can be ad-
and in a Washington intelligence commu- vanced for not placing covert foreign politi-
nity where CIA professionals are increas- cal and intelligence (informational) func-
ingly influential, too few sources of counter- tions under separate agencies. if so, the
veiling power exist. This particularly is a dangers inherent in combining them should
problem with covert operations in which the be recognized and appropriate safeguards
Presidency is largely dependent upon the provided.
CIA for information on what is being done A third and related criticism involves
or what needs doing. The danger of self- - secrecy. Democracy cannot work without a
serving by the Agency is great. CIA may, free press. Expanding Government secrecy
without careful policy guidance, write its increases the danger of official manipulation
own ticket. - of opinion and concealment.of shortcomings
In its -6 years of existence, the President's of an incumbent leadership. Secrecy also
Board of Consultant's on Foreign Intelligence vitiates the party and electoral system- and
Activities, recently renamed theForeign In- reduces the meaningful autonomy of Con-
telligence Advisory Board, has functioned gress, Yet again intelligence -activities by
more as a polite alumni visiting committee definition require secrecy.
than as a vigorous watchdog. With one pro- In the face of this dilemma, CIA's secrecy
fessional staff assistant and a single secre- today has become ambiguous. This may be
tary, the Board has been able only spo- the- fate of any secret apparatus within
radically to oversee the 15,000-man CIA. America's open society. But only in America
Congressional surveillance has been much have intelligence officials become famous per-
to -.
mount cor and lit othe roerrCA
the same-infrequent meetings of uncom- The director, eager
monly timorous subcommittees. The atti-
tude of veteran legislators assigned to these officials in recent years have made frequent
units is exemplified by one who declared: public speeches, some containing implicit
policy recommendations. The CIA leader-
"It is not a question of reluctance on the ship should become again publicly silent and
part of CIA officials to speak to us. Instead, unquestionably nonpolitical. Anonymity is
it is-a question of our reluctance, if you-will, the only proper role.
to seek information and knowledge on sub- Another aspect of the CIA's ambiguous
jects which I personally, as a Member of secret Is th t
Another example is CIA's involvement in
the 1954 Guatemalan episode. In an opera-
tion resembling on a smaller scale the recent
Cuban expedition, the CIA aided the suc-
cessful counter-revolution against the re-
gime of Col. Jacobo Arbenz Guzman, which -
the U.S. Government regarded as Commu-
nist-dominated. The American press re-
mained silent. Perhaps the inevitable
penalty for failure is disclosure.
Self-restraint on the part of the press and
of Congress in dealing with justifiably secret
information will come at that point when
confidence is restored in the professional
quality and unquestioned subordination to
political authority of secret operations.
It remains to be said that America's fo:
eign policy headaches around the globe to-
day stem less from information or organiza-
tion deficiencies than from lack of clearly
articulated foreign policy objectives beyond
anticommunism. Many of the aforemen-
tioned problems of the intelligence system
would solve themselves, given a clearer con-
sensus about America's world purpose and
specific policy objectives.
No greater challenge confronts American
society than responding to the question of
how the United States can engage success-
fully in protracted cold warfare without sac-
rificing the principles defended.
As an open democratic society, the United
States has to recognize its handicaps in
some form of competition with the closed
societies of totalitarian regimes. It would
be unwise to attempt to match the pro-
ficiency of Communist regimes in subversion
as the main avenue to the attainment of
national, objectives. There is no point in
America's fighting totalitarianism by imitat-
ing it.
It is equally as important to recognize that
any Communist competitive advantage in
cold warfare comes not alone from centrali-
zation, 'secrecy and rigid discipline. More
important is the existence of a Communist
purpose, clear objectives and refined doc-
trines for Implementing them.
In a world still lacking universal accept-
ance of law and order based upon govern-
ment by consent, the United States will
sometimes face compelling requirements to
engage in distasteful-indeed, illegal-secret
operations. What is crucially important in
a democracy is that plans, policies and pro-
grams for such reflect the deliberate, in-
formed and purposeful decisions of respon-
sible political authority.
Mr. McCARTHY. Mr. President, I
suggest the absence of a quorum.
The PRESIDING OFFICER. - The
clerk will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
Congress and as a citizen, would rather not
often y produce, as we major have operations public at o con- ORDER FOR ADJOURNMENT UNTIL
have." fessions from highest authority. On the 11 A.M. TOMORROW
As astute politicians, Members of Con- other hand, secret missions that succeed
gress realize the possible national embarrass- often are known to the press but volun- Mr. MANSFIELD. Mr. President, I
ment if they formally approved espionage or tarily censored. ask unanimous consent that when the
covert political action that fails and is dis- For example, the CIA played a dominant Senate concludes its deliberations today
closed. Yet even were Congress less in- role in the overthrow of Premier Mossadegh it stand in adjournment to meet at 11
hibited about monitoring secret operations in Iran in August 1953, after his abortive o'clock tomorrow morning.
effectively, none of the subcommittees has attempt, in league with the communist
adequate staffs today for thorough surveil- Tudeh Party, to exile the pro-Western Shah. The PRESIDING OFFICER. With-
lance. This role has never been officially admitted, out objection, it is so ordered.
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1962 CONGRESSIONAL RECORD - SENATE 941
NOMINATION OF JOHN A. McCONE Sooner or later a man like that was nomination directs attention to the fact
TO BE DIRECTOR OF CENTRAL bound to get into the Government serv- that without undue delay both the House
INTELLIGENCE ice. I think that' high talent recom- and the Senate now ought to direct
mends itself. It is not at all surprising some really vigorous efforts to the busi-
The Senate resumed the consideration that three Presidents-President Tru- ness of revising the conflict-of-interest
of the nomination of John A. McCone, of man, President Eisenhower, and Presi- statutes with which we are presently
California, to be Director of Central dent Kennedy-have availed themselves dealing.
Intelligence. to Mr. McCone's service. There are eight of these, and they fall
Mr. DIRKSEN. Mr. President, the He came to the Government in an roughly into four categories. The first
question of conflict of interest continues advisory capacity I believe in the Tru- would include officers and employees who
to beset Congress session after session, man administration, and showed apti- act in behalf of an outsid? interest in
and it does develop some rather awkward tude and competence in the whole field dealings with the Government. I think
and embarrassing situations not only for in which the Air Force operates. He did an example probably would be a mili-
Members but also for those who are a lot of work in the field of Air Force tary ' officer who assists a private com-
appointed to come into the Government procurement, and he received the Civil- pany in obtaining, let us say, a defense
service because they have extraordinary ian Service Award with high honors in contract. That is one category with
talent and competence to render service 1951. which existing law deals.
to the Government. It was not surprising that in due Another category would incude the
In the instant case. we are considering course President Eisenhower should officials and employees acting for the
a very distinguished citizen. I do not choose him to be a member of the Atomic Government in any kind of a transaction
believe there can be any doubt about the Energy Commission. Certainly he ren- or deal in which they have a personal in-
fact that he is a distinguished citizen. dered great service there. terest. We have had some examples of
He was first nominated by the Presi- He went back to private life, and Pres- that over the years. I would not wish
dent in September of 1961. I believe the ident Kennedy then discovered his com- to specify particularly, and to let it ap-
oath was administered at the White petence in many fields and thought he pear that I was invidious about it, be-
House by Chief Justice Warren in the would prove very useful in directing cause I think if anybody wishes to go to
latter part of November. the affairs of the Central Intelligence the history books he can easily find
At the time the designation was made Agency. those cases.
by the President of the United States, This subject of conflict of interest is There is a third class, which includes
there was certainly a glowing statement always a difficult problem, to say the those persons who were once upon a time
with respect to John A. McCone and least, about which one can scarcely talk officers and employees of the Govern-
the confidence of the President in his without having it said that he is speak- ment and who have left the Govern-
capacity to discharge his responsibility ing in derogation of a person. That is ment, who represent some private con-
as Director of the Central Intelligence the last thing I would undertake to do. cern, and who probably have made rep-
Agency. It is a subject of interest to the Congress. resentations in behalf of a contract or
I took a little look at this problem, I am raising the question only to excite an undertaking prior to the lapse of the
and I puzzled over it, largely because I some additional interest in the necessity 2-year period which is required. In
am a member of the Committee on the that the Congress modify and clarify some cases it could be an inadvertence.
Judiciary of the Senate, which commit- acts which have been on the books al- In some cases it might be deliberate. But
tee has held some hearings and heard most going back to the Civil War which in any event there is law that is directed
some testimony with respect to certain in their application, if they were strictly against a violation on that score.,
conflict-of-interest bills; one sponsored applied, would provide some of the most Finally we have another category:
by the administration, one sponsored by fantastic results anyone could imagine. Officers or employees who take pay from
the two distinguished Senators from New I noticed in the House report on one a private source for Government work,
York [Mr. JAVITS and Mr. KEATING], and of the acts on the books today that if a as in the case of an attorney, being
one which was reported by the House mail carrier assisted his mother in mak- paid by the Government and serving the
Committee on the Judiciary and which ing out some kind of a pension applica- Government, but also accepting pay
has been languishing on the House cal- tion as to which Federal funds were in- from an outside source for work done
endar I believe since July of last year. volved he would be in violation of a Fed- for the Government.
I wish to use this nomination as a eral law and could be prosecuted, as ex- Those are the statutes in general that
backdrop for what I say on the matter. isting law stands today. we-have today, and they are obfuscating,
Mr. McCone, as I recall, is 60 years of This nomination has had attention, prolix, and difficult to determine. Cer-
age. I have talked with him on occasion and a great deal has been written about tainly it is difficult for a layman, or his
and discovered that he is a mild-man- Mr. McCone by Mr. Pearson. I think I counsel back home, to determine pre-
nered man, a man of mild speech but of have read most of the articles. A lot cisely what he has to do in 'order to
great competence.. He was graduated of the material was in quotation marks. cleanse himself in the eyes of the stat-
from the University of California I be- Some of it was arrogated to our'late dis- utes now on the books if he were to serve
lieve in 1922. tinguished and lamented friend, Senator his Government.
The character of the man is evidenced Bridges. It was taken out of the RECORD. The weakness in this entire setup is
pretty well by the fact that notwith- I am sure that as people in the country apparent. Look at the cases in which
standing an engineering degree he be- read these observations it disturbs them Government could well use the part-
came a riveter in an iron works. When even as it disturbs us. I came into the time services of people who are admit-
a fellow is willing to start at the very bot- Chamber one noon recently and talked tedly expert in their fields. Why should
tom notwithstanding the great amount to a Member of the Senate. I said, "Did they, for part-time service, under exist-
of engineering data and knowledge he you see Mr. Pearson's article today?" ing law, agree to divest themselves of
has absorbed in college, I think- it is He said, "I did." I said, "I am terribly their interests, make a full disclosure of
pretty good testimony to his character disturbed and distressed about it. I do their holdings, and be interrogated and
and to his willingness to start at the not quarrel with the articles as such, but cross-examined on every holding that
bottom and to come up the ladder. By I am thinking in terms of their impact on they have? Then they would always be
rapid stages he did come up the ladder, the thinking of people all over the coun- subject to have raised the possibility
finally to help set up, in partnership try and what is our responsibility in un- that they forgot something, and might
with others, a business of his own. dertaking to bring about a modification become guilty of perjury. Such talents
For a long time Mr. McCone has de- of the things which are on the statute as they have are denied to the Govern-
voted his talents, together with those of books at the present time." ment if a man refuses under those cir-
his associates, to the business of build- I know the nomination before -the cumstances to march before a committee
ing troopships, of building refineries, Senate will be approved. I say right now of Congress and say, "I am sorry. I have
of building all manner of facilities which that I shall vote to confirm the nomina- lived my life pretty well. I have become
are produced of steel. tion of Mr. McCone. However, this an acknowledged expert in the field in
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942 CONGRESSIONAL RECORD - SENATE January 29
which I operate. I am willing to serve
my Government. I am willing to come
for a month, 3 months, or 6 months.
But I -am not willing to come and lay
everything on the board because I do not
have to, because I have made my mark in
industry and business, and I do not care
to go through that ordeal."
Then, of course, still another weakness
is that under existing law public officials
can retain many private interests that
are probably incompatible with their
duty. That subject has not been ex-
plored too deeply, but certainly ought to
be clarified so-the average citizen could
himself, without the benefit of counsel,
look at a lawbook and say, "This I could
do. This I cannot do. This kind of
position I could accept without getting
into -difficulty."
Finally there is the unwillingness of
men of stature who would be glad to
serve their Government but were not,
and perhaps could not, in justice to
themselves and their . families, always
divest themselves of all their holdings.
That is no easy undertaking, and yet
what a burden it is upon the conscience
of a man to whom the country has been
good, who would like to serve his Gov-
ernment, but who simply must say, "I
am sorry. What Government demands
by way of questioning, cross-examina-
tion, and divestiture of interest and all
the other things that I see recited on
the frontpage is too much for me. So
I shall not subject my family to what-
ever that interrogation may disclose. I
would prefer to sit back and pursue my
vocation as I have -done before."
'We have statutes on this subject that
go back to 1873. I trust the Committee
on the Judiciary, on which I serve, will
now find inspiration for accelerated ac-
tion outof the very confirmation that is
before us, and hasten the proposed modi-
fications of existing law so that it will
be much easier for patriotic and stead-
fast citizens who wish to serve their
Government to come into Government
service.
I yield the floor.
Mr. ANDERSON. Mr. President, my
sole purpose in rising today is that my
attention has been directed to a portion
of the testimony before the Committee
on Armed Services in the case of Mr.
McCone, in which a Senator present at
the hearing said that in his opinion the
inquiry which the Joint Committee on
Atomic .Energy had held in 1958 with
reference to some action in connection
with the teachers in California was per-
haps not as thorough as it might have
been, or at least the published reports
of the inquiry were somewhat short of
satisfactory.
I only wish to say that the one who
raised that question is one of our fine
Senators, my close personal friend, and
I find it extremely difficult to comment
on the subject. I only hope that what
-I say can be dissociated from the other
remarks which he made.
I do wish to say that the Joint Com-
mittee on Atomic Energy-certainly the
Senate section of the committee-in my
opinion has not been notorious in fail-
ing to investigate individuals. We have
had many witnesses before the commit-
tee. I think the members of the com-
mittee have been careful in asking im-
portant questions.
On the particular subject to which I
refer, while the published record does
not show all the questions which were
asked, Iean assure Senators that a great
many questions were asked, carefully
probed, and not all that appeared ever
reached the surface.
For example, the President of the
United States nominated a man from
Iowa to be a member of the Atomic En-
ergy Commission. The investigation-by
the FBI was not as recent as it might
have been. It was reasonably complete,
and that investigation did not reveal
anything with reference to the nominee
which should have caused him any
trouble.
At the same time, the thenChairman
of the Joint Committee on Atomic En-
ergy received a great many letters with
reference to the nominee, and when it
was impossible to get any further in-
formation on him, the then chairman,
at his own expense, sent an investigator
out to see if some additional informa-
tion might be developed.
We had the assistance of a great Iowa
newspaper, which I believe had been
friendly to the nominee, but that news-
paper also was anxious to find the facts.
We studied them as carefully as we
could. Subsequently we hired a special
investigator as a member of the com-
mittee staff.
I wish to point out that though the
nomination was sent up by a Republican
President, every Republican member of
the committee voted to employ the spe-
cial investigator, because every member
of the committee wanted the investiga-
tion to be complete. When the special
investigator had finished his work it
developed that the nominee desired to
have his name withdrawn, and it was
withdrawn. He had been involved in a
banking transaction 'which was not
frightful, but which had developed a
little difficulty that he recognized might
have been embarrassing to him at some
subsequent time.
The point I wish to make is that the
Joint Committee never published any re-
port on all the investigations we went
through. It never tried to show how
many hours of work the committee put
in on this problem. If one would look
at the evidence turned in by the Joint
Committee, he might say that the com-
mittee did nothing because the nomina-
tion was presented to it and subse-
quently withdrawn.
Now let me turn to another nomina-
tion, the nomination of Sumner Pike,
made by a Democratic President. The
first nomination was sent up on Octo-
ber 28, 1946, a recess appointment. The
nominee took the oath of office. Then
the full nomination was sent to the
Senate. The nomination was sent to the
Senate section of the Joint Commitee.
The committee reported favorably upon
him, and the nominee was confirmed.
But he came -up for another term of
office, and that particular time there
was some objection to some of thethings
he had done. The Joint Committee had
long open hearings, and then in execu-
tive session voted five to four to report
the nomination adversely. Such action
was taken. The Senate reversed the ac-
tion of the Jost Committee and voted
to confirm the ixdlvirl}ual.
I only point out that the Joint Com-
mittee did not merely take its work as a
matter of course and go on their way.
They made a careful study of the ques-
tion.
There has been reference to a good
deal of material that developed about
Mr. McCone. It happens that in the
files of the Joint Committee one would
not find all the material that was Bath,
ered on Mr. McCone in the first days
of the study. -
I have a file before me which shows
the name of a very distinguished former
Member of the Senate, the late lamented
Senator from New Hampshire, Mr.
Bridges. I went to him because of the
investigation that he had caused to be
conducted by his committee. He did
what people expected Senator Bridges
to do, namely, he turned over to me such
information as he had. I went through
every piece of this information carefully
and thoroughly. I asked the other mem-
bers of the Joint Committee to sit with
me in questioning Mr. McCone. Al-
though the printed record of the hear-
ings may not reveal in great detail the
testimony that was taken, I can assure
all Members of the Senate that a very
careful check was made on all matters
to which we had reference in connection
with the matters that have been under
discussion.
Another matter that I did not make
public was the financial statement of
Mr. McCone.
In meeting with Mr. McCone in the
office of the then majority leader, Sena-
tor Knowland of California, I asked him
-for a complete financial-report of every-
thing he owned. He submitted it to me.
He said he believed he did not need to
do so, because he had already submitted
one to the White House, which had been
checked fully, and there had been no
difficulty in connection with it. I still
asked him for a complete financial re-
port. He submitted it.
We went over that report very care-
fully. Mr. McCone and I went over it
very carefully and other members of
the Joint Committee on Atomic Energy
joined us. It is a hard thing to review
a man's financial resources and not rush
out and publish everything about it. It
is interesting to find an individual who
owns a great many stocks but who lives
modestly and plainly and does not dis-
play the fact that he is a man of sub-
stantial wealth.
We looked at the report very carefully.
We made up a list as to which we said
that those were stock that he ought to
sell. I told him we thought he should
sell those stocks. Of course I was not
sitting in judgment. -I had no authority
to say that he ought to sell them. How-
-ever, it bothered my conscience to have
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confirmed any man owning stocks in
companies which may have contracts
with the Atomic Energy Commission. I
told him:
You are likely to have some business deal-
ings with these firms when you are on the
Atomic Energy Commission.
He was surprised that I should say
that with respect to one of these com-
panies. He thought that that company
never had had any business transactions
with the Atomic Energy Commission,
but it had. When he looked at the list,
he said:
I do not object to these; I will sell these
stocks.
He did sell them. Then we came to
another group of stocks. I said:
These are not in a black and white class.
This is a particularly difficult ground we
are now on with respect to these stocks.
However, if I were you, I would dispose of
these stocks also. I agree that they are not
in any way in conflict, but I think I would
dispose of them also. I think you will feel
better if you did so.
There was no argument about it. He
put a check mark next to every one of
them. He said:
I will dispose of these also.
Then we came to stocks that we
thought he could safely hold, in which
his interest was not such as to conflict
with his responsibility on the Atomic
Energy Commission.
Mr. SYMINGTON. Mr. President, will
the Senator yield?
Mr. ANDERSON. I yield.
Mr. SYMINGTON. If the Senator will
allow me to interpose at this point I
should like to say that the nominee feels
the same way about it at this time.
Reading from the REcoRn at the point
where Senator SALTONSTALL was inter-
rogating the nominee and where the
Senator from Massachusetts had asked
a question about the nominee's holdings.
The nominee says:
In 1958, I turned the management of the
shipping company over to others, and dis-
associated myself entirely. I then at that
time placed the stock of those companies in
trust in a bank, which was an irrevocable
trust, revoka'le only when I left the Gov-
ernment.
Now, I have not placed that stock back in
trust. I am perfectly willing to do so.
The witness said this on January 18,
1962.
Then, later in the testimony, with re-
spect to this trust he said:
I have no objection to the establishing of
an irrevocable trust if there is reason to do
so. I felt the peculiar wording and restric-
tions of the Atomic Energy Act made it ad-
visable to establish that trust at that time.
Mr. ANDERSON. I only say to the
Senator from Missouri that this is not
the class of stocks to which I refer. I
shall come to them in a moment. There
was a certain class of stocks that he could
own openly or-I believe lawyers use the
expression-notoriously. So there was
not any possible conflict with respect to
those stocks.
Then we came to a fourth group of
stock, and I said:
I think on these, Mr. MoCone, you ought
to make a trust arrangement, so that you
will not have any custody of them. The
reason for it is that the Atomic Energy Act
is peculiar. It does not permit a member of
the Atomic Energy Commission to have any
other business.
This was a 100 percent wholly owned
company. While he was not going to de-
vote any time to its management, I
nevertheless said to him:
You do not want the charge to be made
that as president and sole owner of the stock
you had to be engaged in another business.
Therefore, he moved this stock into a
trust arrangement.
Not only did he put them in a trust,
but he submitted the trust agreement not
only to the lawyers, but also to any mem-
ber of the Joint Committee on Atomic
Energy who wanted to look at it, to see
if it was sufficient. I commended him for
it, and I commend him now.
Mr. SYMINGTON. Mr. President,
will the Senator yield?
Mr. ANDERSON. I yield.
Mr. SYMINGTON. My only point in
bringing it up was that the nominee was
completely willing to do whatever the
Joint Committee on Atomic Energy
thought should be done with respect to
these holdings, which, as we both know,
is not the case with all potential nomi-
nees. He did exactly what the chair-
man of the Joint Committee thought
was right, and he also expressed the
same thought before the Armed Services
Committee, namely, that if the chair-
man and the committee thought it was
the right thing to do, he was entirely
willing to do it.
Mr. ANDERSON. I thank the Sena-
tor. I only say to him that this was not
the action of the Joint Committee. It
was merely the suggestion of the chair-
man of the Joint Committee. I said that
I thought he would feel better if he made
this disposition. He did exactly what
was suggested. I made that suggestion,
and he complied with it. That was typi-
cal of our entire dealings with him.
While it is true that not everything
that took place appears in the record,
there were many things that do not
appear in the record that we did do.
I should like to give another case that
came before the Joint Atomic Energy
Committee. At one time a very fine
scientist was suggested for membership
on the Atomic Energy Commission. He
was appointed by President Eisenhower,
so we were not under any obligations to
be extremely careful.
Some Members of Congress know that
the Senator from New Mexico has not
always been extremely careful in his re-
lationship with people who get appoint-
ed. Here was a man who was named to
membership on the Commission. I was
tremendously -interested because I had
known of the man's work at Los Alamos.
He telephoned me while I was in New
Mexico and" asked me if he could come to
talk to me before his name was sub-
mitted. Of course, I was happy to have
him do so. Dr. Von Neumann came to see
me and read a long list of things that he
had done which some people regarded as
being foolish and which he felt would
cause some people to classify him as be-
ing an extreme liberal, and he wanted
to know if I thought that was bad. I
assured him that I did not so regard it.
I said to him:
If your name comes before the Joint Com-
mittee on Atomic Energy, you will have to
speak on every one of these subjects and
discuss every one of them.
At a-later date he did come before the
joint commitee in executive session and
discussed every one of these things to
which some people might have taken
exception.
The things that he had done were
based upon the fact that he had come
.into substantial amounts of money be-
cause of his inventive mind. If a friend
was in need and came to him, he tried
to help him.
We therefore examined Dr. Von Neu-
mann in secret at first. Then in order
that no one would be able to say that
we did not cover the subject completely
we held an open hearing, at which the
able junior Senator from Tennessee [Mr.
GoRgl carefully phrased the questions
and put them to the witness, so that the
subject could be completely covered but
without drawing other people into it.
We frequently do not put into the
record everything that happens and
everything that takes place. However,
I wish to assure everyone that every-
thing was carefully done. It is all
very much like the case of an iceberg;
not all of it is above the surface. Ques-
tion after question was put to the witness
carefully and thoughtfully, so that he
might have a chance to testify as to what
his relations had been and what had
happened.
As many persons know, Mr. McCone
was well liked by the members of the
Joint Committee on Atomic Energy. I
was in a strange situation, because peo-
ple had worried that we might not get
along together. I thought we got along
splendidly. Other members of the com-
mittee thought the same.
So, as Mr. McCone was finishing his
term of service in 1961, and Dr. Seaborg
was coming in to succeed him, the Joint
Committee on Atomic Energy had a spe-
cial meeting in an afternoon. At that
meeting, Mr. McCone gave his final
report. At the very outset of it, I an-
nounced to the members of the commit-
tee that I hoped we might treat the ses-
sion in two sections, one which would
relate to Mr. McCone's final report, the
other which would deal with our own ex-
pressions of feeling toward him. I
wanted to make it possible to declassify
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CONGRESSIONAL RECORD - SENATE January 29
the minutes of the executive meeting Division of Military Application; Howard C.
and let them go into the record. Brown, special assistant to the Chairman;
In my letter of February 13, 1961, I and Richard X. Donovan, special assistant
wrote to 14r. McCone, who was then in for congressional relations.
Chairman ANDERSON. The meeting will
Los Angeles, having left the Govefn- Come to order.
merit: Today- we meet` with Mr. McCone for the
DEAR JOHN: As we both know so well, pub- o last time prior to his leaving the chairman-
rio life, and service has both rewards and ship of the Commission on Friday. The
penalties, pleasure, and regret, purpose of our meeting is to permit Mr. Mc-
It ip my pleasure to send you a transcript Cone to give us his views on the status of
of the words of praise and friendship ex- the atomic energy program and the ques-
a h. h, h
-
L
tl
we
ace.
Committee on Atomic Energy in our meet-
ing on January 18. It is my regret that we
will not be facing each other across the con-
ference table again.
There is little I can add to what was said
that last Wednesday except to stress the
sincerity and unanimity in our appreciation
of the contribution you have made to the
country.
I then submitted to him a copy of the
minutes of the meeting of the Joint
Committee on Atomic Energy. -
Mr. President, I ask unanimous con-
sent to have printed at this point in the
RECORD the text of my letter of February
13, 1961, and the portion of the minutes
of the executive session which was
informal.
There being no objection, the letter
and minutes were ordered to be printed
in the RECORD, as follows:
CONGRESS OF THE UNITED STATES,
JOINT COMMITTEE ON ATOMIC ENERGY,
February 13, 1961.
Hon. JOHN A. MCCONE,
Los Angeles, Calif.
DEAR JOHN: As we both know so well, pub-
lic life, and service has both rewards and
penalties, -pleasure, and regret.
it is my pleasure to send you a transcript
of the words of praise and friendship ex-
tended to you by the members of the Joint
Committee on Atomic Energy in our meet-
ing on January 18. It is my regret that we
will not be facingeach other across the con-
ference table again.
There is little I can add to what was said
that last Wednesday except to stress the sin-
cerity and unanimity in our appreciation of
the contribution you have made to the
Sincerely,
CLINTON P.
accolades as to Mr. McCone's abilities and
accomplishments until the end of our session
today in order to permit him to proceed in
an orderly manner with his presentation. I
will say, however, at this -point that the
relationship between Mr. McCone and me
personally and, I believe, the other Members
and the staff of the Joint Committee has
been most cordial and constructive through-
out the 21/2 years he has been with the
Commission.
I understand you have a prepared state-
ment, Mr. McCone, which you will file with
the committee, but that you will talk to us
in a more summarized way from notes.
We have with us here today, also, General
Starbird, who will be leaving the Commission
in a week or so as Director of the Division
of Military Application. We are going to
miss his great participation and we are also
going to miss his important contributions
to the program.
Following our session we expect to have
some refreshments and I hope that everyone
will stay for a brief social gathering with Mr.
McCone, the other Commissioners, General
Starbird, and the staff of the Atomic'Energy
Commission. -
Mr. McCone, will you please proceed?
Chairman MCCONE. Thank you very much,
Mr. Chairman.
I would like to reserve for the end of my
statement my comments as to the very warm
and sincere feeling I have toward this com-
mittee and all of the members and the man-
ner in which they have treated and co-
operated with me. _
(There followed a discussion of the various
atomic energy programs which appears in a
Separate, classified transcript.)
I would like to close by thanking you, Mr.
Chairman, and you, Mr. HoLIFIELD, and every
member of this committee for the wonderful
cooperation, friendship, and support you have
given me. It has been a very gratifying and
EXECUTIVE SESSION (INFORMAL), MEETING-No.
87-1-1, WEDNESDAY, JANUARY 18, 1961, OF
THE JOINT COMMITTEE ON ATOMIC ENERGY,
CONGRESS OF THE UNITED STATES, WASHING-
TON, D.C.
The Joint Committee on Atomic Energy
met, pursuant to call, at 2:30 p.m., in the
.committee room, the Capitol, Hon. CLINTON
P. ANDERSON (chairman) presiding.
Present were: Senators CLINTON P. ANDER-
SON (presiding), JOHN 0. PASTORE, ALBERT
GORE, HENRY M. JACKSON, BOURKE B. HICK-
ENLOOPER HENRY DWORSHAK, and WALLACE
I want to thank Mr. Ramey and the staff
also for the cooperation they have given us.
Chairman ANDERSON. I want to say, Mr.
Chairman, I have tried to terminate your
report only. because- I wanted every member
of this committee, who wished to do so, to
have - an opportunity to put some words in
the permanent record.
May I say first of all this has been a very
pleasing and heartwarming experience for
me. I have enjoyed working with you.
Incidentally, I am in the same situation as
you are. I am leaving the chairmanship of
this committee and will not return to it.
F. BENNETT; Representatives CHET HOLI- Therefore, I am grateful for this-opportunity
FIELD, MELVIN PRICE, WAYNE ASPINALL, Wn,- to express in this closing year of my chair-
LIAM BATES, and JACK WESTLAND. manship the pleasure I have had in associat-
Committee staff present: James T. Ram- ing with you and to thank you for your many
ey, executive director, John T. Conway, courtesies and constant understanding which
ranrae F Murphy. Jr.. and Carey Brewer. I appreciate most sincerely.
highly the service you have rendered ever
since you came on the Commission in 1958. _
I have never worked with a man whom I
thought was more dedicated or applied him-
self more industriously and energetically to a
position in the executive branch of the Gov-
ernment. -I think you have rendered a great
service. I appreciate the personal associa-
tion I have had with you and the frankness
and candor with which you have answered
our questions and responded to our requests
for information.
As you leave your place in the executive
branch, I am confident that you do so with
the high regard of all of our Members. I
want to take this opportunity also to say
that Mr. PRICE,-who had to return to his
office because of constituents, asked me to in-
clude him in my remarks and in those other
laudatory remarks he knew would be made
today. He shares in the high regard we all
have for you.
Senator HICKZNLOOPER. Mr. Chairman, it
is a little difficult for each member of the
committee to say the same thing in, a dif-
ferent way, yet we all want to join in what
has been said.
From a personal standpoint I want to say
to you-and for the record-that -you have
brought as high a degree of capability and
understanding to this job as an individual
could bring. You are not a physicist, but
you are an engineer of ability and you have
a practical fundamental grasp of the subject
matter and a capacity to get into these sci-
entific matters from the standpoint of your
background and training.
You have brought to the Commission the
highest degree of business judgment-prac-
tical business judgment. I think that has
been very important. After all is said and
done, in my view the Atomic Energy Com-
mission is not a scientific agency purely. It
is an industrial production agency. It re-
quires a combination of a high ability to
grasp. the scientific phases of the matter and
a high degree of practical business, admin-
istrative and production knowledge. You
not only have this combination of abilities,
but you have displayed it unusually well.
There is no one who has occupied a posi-
tion on the Commission who has enjoyed
greater confidence or trust than you have.
That is a matter of common agreement on
this committee.
You have been extremely forward looking
in your attitude and your devotion to this
program. I met Dr. Seaborg outside just a
few minutes ago and we recalled some of
the early days in the committee, the whole
project and some of our associations at that
time. We both agreed the picture doesn't
look the same today as it did 14 years ago.
I don't know what it will look like in another
10 years, but I do believe your forward look-
ing attitude in the programs which you have
sponsored will have a great effect on the pro-
grams in the indefinite future.
I wish you well in the future. I wish you
continued success. I hope you will have the
satisfaction you deserve from again serving
your Government in a most vital way.
Senator PASTORE. I associate myself with
all of the statements that have been made.
However, let me say this. You have be-
come, in my opinion, a model of what a
dedicated and devoted public servant should
be. There was a time in this committee
when I was rather apprehensive at the rela-
tionship between the executive branch and
the legislative branch. I think it has been
Representatives of the Atomic Energy Mr. ASPINALL, who could not remain, left a.. through your strong personality and through
Chair- statement which he asked be inserted in the your temperament that much of that dis-
Hon John A
mmission; McCone
,
o
.
.man; Hon. John S. Graham and Hon. Loren record at the appropriate place. This will be turbed atmosphere has been cleared. This
K. Olson, Commissioners; A. R. Luedecke, done. - committee has renewed confidence in the
General Manager; Dwight A. Ink, Assistant Representative HOLIFIELD. Mr. Chairman, I executive branch, for which you should take
General Manager; A. D. Starbird, Director; would like to say this to Mr. McCone. I value a great deal of credit.
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CONGRESSIONAL RECORD -- SENATE
I dislike to see you go, but after all you
have your reasons. It has been a very illum-
inating and refreshing experience for me to
be associated with you. I remember our
very cordial relationship in Geneva. There
it was my privilege to meet Mrs. McCone, the
very charming and devoted lady who, I
think, may be largely responsible for what
you are. I congratulate you and I wish you
many, many years of good health, success,
and happiness.
Representative AspINALL. Mr. Chairman, I
too wish to join in the words of commenda-
tion which are being directed to the retir-
ing Chairman of the Atomic Energy Com-
mission.
I desire to thank Chairman McCone per-
sonally for the loyal, constructive, able, and
effective service which he has once again ren-
dered to his Nation and fellow men. The
members of this committee, of the Congress,
of the administration, and of the Nation
shall be forever indebted to Chairman Mc-
Cone for his dedication to service and the
wise counsel. and leadership which he has
provided for the nuclear energy program
during his encumbency of the office.
As he leaves our association, I wish for
him life's better blessings-good health and
sweet happiness. I sincerely hope that the
association we have had together shall not
be brought to an end, but, rather, that we
shall find ourselves in his company ofttimes
in the days and years ahead of us.
Senator GoaE. Mr. Chairman, my predom-
inant feeling today is a sense of loss both of
a personal nature and of a public nature.
Few men. can bring to public service the
personality and the intellectual capacity
which Mr. McCone possesses and of which he
has given so generously.
Senator PASTORS referred to the improved
relationship between the Commission and
the committee. That was much to be de-
sired. I would that I -could have some of
the gentleness of manner which Mr. McCone
nearly always demonstrated. iLaughter.i
And yet I love the Irish in him. It is there.
I am glad it is there. The trouble is that--
to make an invidious comparison-it is in
me too much.
It is with genuine regret that I see you
leave public service, John McCone, and if I
have my way about it, you won't have the
luxury very long. I think this country needs
you. I shall undertake to persuade somebody
to persuade you to get back into the service
of the country.
Representative BATES. Mr. Chairman, I
will not detain the committee with any ex-
tensive remarks. I have expressed person-
ally to John the great respect I have for
him and the work he has done.
I came on the committee about the same
time he became Chairman of the Atomic En-
ergy Commission. I did so with some con-
sternation, having read in the newspapers of
the bitter controversies which existed be-
tween some members of the Joint Committee
and the Atomic Energy Commission. I have
no firsthand knowledge of those circum-
stances and could not, and see no need to,
pass judgment on the situation as it ex-
isted at that time. I do, however, wish to
state that the extraordinary administrative
qualities of John McCone brought about an
atmosphere in these relationships that was
pleasant and harmonious. He had that in-
nate quality of balance that permitted him
to be firm in principle, yet cooperative in
understanding alternative points of view.
He has gained our respect and our admira-
tion. He can leave his assignment with a
great deal of pride. My only regret is that
the country will lose the services of a dis-
tinguished servant and patriot.
Senator JAclcsoN. Mr. Chairman, I em
sorry I can't stay for the reception after
this meeting.
However, I do want to express my appre-
ciation to Mr. McCone for the fine job he
has done as Chairman of the Atomic Energy
Commission. This is not his first service to
the country. He has served in many other
capacities. I remember particularly his out-
standing work as Under Secretary of the Air
Force at the same time Mr. Lovett was Sec-
retary of Defense.
I want (to say, Mr. McCone, that while we
may not agree on every aspect of the atom-
ic-energy effort, I do believe you have
brought to the office a high degree of com-
petence with your background as an engineer
In private life and your administrative expe-
rience. You have handled your job well un-
der what have been trying and difficult cir-
cumstances at times.
I personally wanted to come here today
and express my appreciation for the service
you have rendered the country.
Senator DwoRsnax. Mr. Chairman, I
share the sentiments which have already
been expressed by my colleagues, and I con-
sider it a tragic loss that you are leaving the
service of the Government at this time.
It has been a real pleasure for me to have
the opportunity to work with you. You have
dispelled the feeling I had 4 years ago when
I became a member of the committee that
we were to face constant turmoil and dissen-
sion in the relations of the Atomic Energy
Commission and the Joint Committee which
naturally impaired the progress which I have
strongly desired be made in this field.
I want to express also the appreciation of
the people of my State of Idaho for the very
fine understanding you have displayed and
the sympathetic cooperation you have ex-
tended in the management of the Idaho in-
stallation of the Atomic Energy Commission.
While recognizing the personal sacrifice
you have made in leaving your home and
your business in California to assume this
great responsibility, I do share the hope of
my colleagues that because of your dedica-
tian as an American patriot you will find it
possible to assume other responsibilities in
the future and continue to help our govern-
ment solve ninny of the problems which so
strongly affect the security of our Republic.
Representative WESTLAND. Mr. Chairman,
after all of these statements that have been
made, it is rather difficult to think of any-
thing further to say.
I, like Mr. BATES, have been on this com-
mittee for 2 years. I consider it a real privi-
lege to have served with this committee and
to have been associated with you. I appre-
ciate the many questions you have answered
in words of one syllable; answers that have
helped me to learn something about this in-
dustry and the problems facing the Nation
in the atomic energy program.
There is no question in my mind, John,
but that you have brought great prestige,
nationwide to the Atomic Energy Commis-
sion, some of which has rubbed off on this
committee, and has helped the atomic energy
program in the United States and perhaps
throughout the world.
I have admired you particularly for your
stability in your decisions. Once made you
have stood by them despite occasional con-
trary 'opinions from equally high levels in
government. Having decided what you be-
lieved to be the right course for this country,
you have maintained that position. To me
this is a great character building example
for, perhaps, all of us.
I have only one thing to add-I would say
that I am sure your golf game will Improve
after you get away from this job. [Laugh-
ter.]
Senator BENNETT. John, you have heard
all of these encomiums and these sugges-
tions. It is my job to sum up and I will do
it with the Biblical phrasg, "Well done, thou
good- and faithful servant."
Chairman ANDERSON. Although this is
something which has not been done before,
I would like to ask permission to have these
statements that have been made today
transcribed in a separate record which would
then be sent to Mr. McCone.
If there is no objection, that will be done.
The meeting is adjourned.
(Whereupon at 4:35 p.m. the meeting was
adjourned.)
Mr. ANDERSON. Mr. President, I
could place in the RECORD a great many
other things. I simply wish to say that
I believe the committee carefully con-
sidered Mr. McCone's qualifications be-
fore he officially became the nominee.
Before his name was announced, I had
sat down and gone over a great many
things with him in the presence of the
Senator from California, Mr, Knowland,
and the Senator from Iowa [Mr. HICKEN-
I,OOrER]. Then I had had other ex-
tended conversations with him, trying
to bring out facts which I thought were
essential. If the Joint Committee did
not do its work, then I am sorry; but I
fully believe as much care was given to
Mr. McCone's nomination as probably
any committee in Congress ordinarily
would pfZto the usual nomination.
We were happy to see how the nomi-
nation worked out. We were very happy
with the work Mr. McCone displayed. -.
I think we tried to be extremely cooper-
ative. I believe Mr. McCone tried to
carry out the instructions of the Presi-
dent and, at the same time, deal with
the committee, which was dominated by
the opposite political party. It is a very
difficult situation to carry out the wishes
of a President who is of one political
party and to deal with a committee com-
posed of members, a majority of which
are members of another political party.
However, I think the nomination worked
out very well.
I am happy to say that I enjoyed visit-
ing with Mr. McCone and.watching what
he did. I for one wish to pay tribute to
the fine way in which he operated as
Chairman of the Atomic Energy Com-
mission,
Mr. JACKSON. Mr. President, I wish
to associate myself with the remarks of
the able Senator from New Mexico [Mr.
ANDERSON].
I have served for many years on the
Joint Committee on Atomic Energy, both
in this body and in the House. I know
that what the Senator from Mexico has
said today regarding the thorough inves-
tigation made prior to the action taken
by the Joint Committee in approving
unanimously Mr. McCone's nomination
is true. I think it is unfortunate that
these allegations are being dredged up
all over again, after two committees,
prior to the consideration of Mr. Mc-
Cone's nomination by the Committee on
Armed Services this year, had acted
unanimously on his appointment, first, as
Under Secretary of the Air Force in, I
believe, 1948, and later, in 1958, when he
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CONGRESSIONAL RECORD -SENATE January 29
was appointed chairman of the Atomic
Energy Commission.
-Mr. President, it is not easy to get able
and qualified men-to serve in the area of
national security. I have always been of
the opinion'that such men should be
selected without regard to their partisan
backgrounds. _I have felt that the main
criterion for consideration should be
their ability and qualifications. I took
this position before I was chairman of
the Democratic National Committee, and
I have taken the same position ever since.
As a matter of fact, I took that position
during the course of the campaign itself.
The President of the United States
stated very clearly during the course of
the, campaign in 1960 that he would
select men in the area of national se-
curity without regard to party.
The President had many such prec-
edents for the service of able men. in
the Wilson administration, in the ad-
ministration of Franklin D. Roosevelt,
and in the Truman administration men
have served who were not members of
the Democratic Party.
From personal experience on the Joint
Atomic Energy Committee I know a good
deal about Mr. McCone's ability and his
knowledge in the field of national se-
curity. I believe we are fortunate in be-
ing able to bring into the Government
a man with Mr. McCone's background
and experience. "`
Mention has been made earlier of some
-of the offices which Mr. McCone has held
and in which he has served his country.
I believe the distinguished Senator from
Illinois [Mr. DIRKSEX 1 went into some
detail in that respect. Suffice it to say
that Mr. McCone served on the-so-called
Finletter Committee, the Air Policy
Commission, in 1947. He served as a
special deputy to the then Secretary of
Defense, James Forrestal; then as Under
Secretary of the Air Force; and sub-
sequently as chairman of the Atomic
Energy Commission.
Some persons have said Mr. McCone
has not had experience in the field of in-
telligence. The point is that we need
a man who has the judgment, common-
sense, and administrative ability to deal
with the many problems which arise in
the position of Director of the Central
Intelligence Agency. At least in my
judgment, Mr. McCone has had experi-
ence in the broad area of national se-
curity that few people in Government
have had. He is a good administrator.
I must also add that during his service
as Chairman of the Atomic Energy Com-
mission Mr. McCone foresaw what the
Soviets would do, especially in the area
of nuclear testing. The campaign
against Mr. McCone stems, in fact, not
from concern over the unfounded allega-
tions of conflict of interest, but really
because of concern for his hard, tough
policy in relation to the Soviet Union-
I know of my own knowledge how right
Mr. McCone was concerning what the
Soviets would do in the field of nuclear
testing. He was honest and forthright
in his dealings with the Joint Committee
on Atomic Energy. He gave us his point
of view. He stated his opinions candid-
ly, fairly, and objectively. He took a
position which was in disagreement with
that of some members of his own admin-
istration.
I am confident that Mr. McCone as
head of the Central Intelligence Agency
will act from a broad, rich experience
which will make it possible for him to
serve effectively in this area. He will be
intellectually honest in his judgments in
evaluating the information which will be
entrusted to him. We are indeed fortu-
nate to have a man of his capacity will-
ing to serve the country -during this
troublesome period.
Much has been said concerning an
alleged conflict of interest. These alle-
gations have been made before, as I have
indicated, and have been unanimously
rejected by three different committees,
including the Committee on Armed Serv-
ices, which heard his testimony. We
had all the information before us. Some
persons simply wish to bring out mat-
ters which have been completely refuted.
These matters are raised now as-part of
the campaign against Mr. McCone-a
campaign which stems mainly from dis-
agreement with the hard policy he has
always taken with reference to difficult
decisions which must be made in the area
of national security affecting our rela-
tions with the Soviet Union.
Mr. President, I am confident that
Mr. McCone will be an -able and an ef-
fective Director of the Central Intelli-
gence Agency, and that he will faith-
fully discharge his duties in the interest
of our national security. If there is an
area in Government where we need men
who are tough and hard and able ad-
ministrators, rich with good sense and
good judgment, and who will indeed
take a hard, tough position, it is in the
Central Intelligence Agency.
I am confident that Mr. McCone will
be worthy of the trust-and it is indeed
a great trust; it could be the security
of our country-that we place in his
hands when he undertakes to do this
job. I can only say that it would be a
tragedy if Mr. McCone were to embark
on his new position with a substantial
vote against him in the Senate.
Mr. President, we should give Mr. Mc-
Cone a unanimous vote. I only hope
that Senators who speak in regard to
the nomination of Mr. McCone will
weigh carefully their words and will
make sure that they do not attempt to
use arguments in the area of so-called
conflict of interest as a means of justi-
fying their opposition to him. If they
believe he is not qualified they should
state wherein he is not qualified.
But I hope and trust that the Senate
will give Mr. McCone an overwhelming
vote of confidence, so that when he em-
barks on his duties as Director of the
Central Intelligency Agency he will
know, and the country will know, that
he has the full confidence and support
of the Senate, which are so essential in
connection with the doing of a very
taxing and difficult job--one which is
most difficult under even the best cir-
cumstances.
Mr. SYMINGTON. I associate my-
self with the remarks of the able Sen-
ator from Washington, one who has had
so much experience working with the
nominee in broad and classified mat-
ters.
I shall speak briefly on this nomination
before the vote.
Mr. MANSFIELD.- Mr. President, - I
suggest the absence of a quorum.
The PRESIDING OFFICER (Mr.
METCALF in the chair). The clerk will
.call the roll.
The legislative clerk proceeded to call
the roll.
Mr. CLARK. Mr. President, I ask
unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. With-
out objection, it is so ordered.
THE COLLEGE ACADEMIC - FACILI-
TIES AND" SCHOLARSHIP ACT
Mr. CLARK. Mr. - President, tomor-
row in the House of Representatives,
and later this week in the Senate, there
will come before the Congress, for de-
bate, the College Academic Facilities
and Scholarship Act, which in this body
is Senate bill 1241. The chairman of
the Education Subcommittee of the
Senate Committee on Labor and Public
Welfare, - the distinguished senior Sen-
ator from Oregon [Mr. MORSE] is un-
fortunately detained, because he is serv-
ing as a member of our delegation at
the Punta del Este Conference, in Uru-
guay. - He has obtained, on a State-by-
State basis, statistical information
which in his judgment -would be of as-
sistance to each of the Senators par-
ticipating in the debate, and also would
be helpful to the Members of the other
body when they initiate their debate,
tomorrow. He has asked me to have
this material placed in the RECORD at
his request, in order to help us in our
consideration of this important matter.
The information developed consists of
such items as current and projected col-
lege enrollment, financial assistance to
students administered through the col-,
leges and univerisities, data on the pub-
lic junior colleges of each State, esti-
mated expenditure of colleges and uni-
versities for student -higher education,
and college age population data.
Mr. President, I ask unanimous con-
sent that the material to which I have
alluded be printed in the RECORD at this
point in my remarks.
There being no objection, the data
were ordered to be printed in the RECORD,
as follows:
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1962 CONGRESSIONAL RECORD - SENATE 973
DIRECTOR OF CENTRAL rector, the Deputy Director, or'the Executive ernment agents Whose job it was procure
I INTELLIGENCE of the Agency. war materials for the Union armies during
"(c) The determinations and decisions the Civil War. The statute has since been
The Senate resumed the consideration provided in subsection (a) of this section to reenacted on several occasions, and the
of the nomination of John A. McCone, be made by the Agency head may be made broad prohibition contained in the original
of California, to be Director of Central with respect to individual purchases and statute has been retained throughout the
Intelligence. contracts or with respect to classes of pur- years.
Mr. CLARK. Mr. President, I intend chases or contracts, and shall be final. Ex- "The obvious purpose of the statute is to
to cept as provided in subsection (d) of this insure honesty in the Government's business
to address myself briefly, tomorrow, section, the Agency head is authorized to dealings by preventing Federal agents who
the question of the proposed confirma- delegate his powers provided in this section, have interests adverse to those of the Gov-
tion of the nomination of Mr. McCone including the making of such determinations ernment from advancing their own in-
to be Director of the Central Intelligence and decisions, in his discretion and subject terests at the expense of the public welfare,
Agency. to his direction, to any other officer or offl- United States v. Chemical Foundation (272
However, I should like at this time to cers or officials of the Agency. U.S. 1, 16). The moral principle upon which
have printed in the RECORD, first, a copy "(d) The power of the Agency head to the statute is based has its foundation in the
of a memorandum on the conflict-of-in- make the determinations or decisions speci- Biblical admonition that no man may serve
fied in paragraphs (12) and (15) of section two masters, Matthew 6: 24, a maxim which
terest point, prepared at my request by 2(c) and section 5(a) of the Armed Serv- is especially pertinent if one of the masters
the Office of the Legislative Counsel. I ices Procurement Act of 1947 shall not be happens to be economic self-interest. Con-
ask unanimous consent that it may be delegable, Each determination or decision sonant with this salutary moral purpose,
printed at this point in the RECORD, in required by paragraphs (12) and (15) of Congress has drafted a statute which speaks
connection with my remarks. section 2(c), by section 4 or by section 5 (a) in very comprehensive terms. Section 434
of the Armed Services Procurement Act of is not limited in its application to those in
The ba obto be p, the memo- 1947 [now contained in chapter 137 of title the highest echelons of Government service,
randum was s o orde ered to be printed in the 10, U.S.C.], shall be based upon written or to those Government agents who have
RECORD, as follows: findings made by the official making such only a direct financial interest in the busi-
MEMORANDUM FOR SENATOR CLARK determinations, which findings shall be fi- ness entities with which they negotiate on
This memorandum is written in response nal and shall be available within the Agency behalf of the Government, or to a narrow
to your telephone request to this office on for a period of at least six years following class of business transactions. Nor Is the
January 26, 1962, regarding the conflict-of- the date of the determination." statute's scope restricted by numerous pro-
Interest implications which might arise in It should be noted that the term "Agency visos and exceptions, as is true of many penal
the event that Mr. John A. McCone, who has head" as used in section 3(d) above is statutes. Rather, it applies, without excep-
been nominated by the President for the defined in subsection (b) to mean the Di- tion, to 'whoever' is `directly or indirectly
office of Director of the Central Intelligence rector, or the executive of the Agency. interested in the pecuniary profits or con-
Agency, is confirmed for that office by the Mississippi Valley Generating Case tracts' of a business entity with which he
Senate. The most recent decision of the Supreme transacts any business as an officer or agent
According to information furnished this Court of the United States construing the of the United States.'
office by you, Mr. McCone has substantial fl- "It is also significant, we think, that the
States 18, United
the he case e of of the title United States statute does not specify as elements of the
nancial holdings in Standard Oil of Califor- Sprovisions ptat Code, , is section
nia, trans-world carriers, and other ship- v. Mississippi Valley Generating Company crime that there be actual corruption or that
ping interests. Such information does not (364 U.S. 520 (1961) ). there be any actual loss suffered by the Gov-
indicate whether Mr. McCone is an officer In that case one Wenzell was an unpaid ernment as a result of the defendant's con-
of an company or business organization, and flict of interest. This omission indicates that
y part-time
t in consultant with to the Bureau preliminary y acthe the statute establishes an objective standard
a, if any, the Budget connection
eventually led a contract t of conduct, and that whenever a Government
it Is C en tral Intelligence not known to what extent, transacts te
ewith those pc In which M Mrr. f. f and loperation of a agent fails to act in accordance with that
McCone ness with dfi manie In busi- or the gotiations which h construction and 'standard he is guilty of violating the statute,
holds s a a financial interest. powerplant to provide electric power of a ower for the
PROVISIONS OF LAW INVOLVED Atomic Energy Commission. At the time regardless of whether there is -positive Gor-
such negotiations were being carried out ruption. The statute is thus directed not
Any co o t of interest likely arise in g only at dishonor, but also at conduct that
the case of f th he Dir eect ctor r of the Central In- Wenzell was also an officer and shareholder tempts dishonor. This broad proscription
recognition of the fact that an
telligence Agency (hereafter referred to as of an investment banking firm which was embodies s
CIA) as a result of financial holdings by him expected to profit, in the event the contract embodies n. recognition judgment can a an occur
of the nature referred to above would prob- negotiations were successful, by becoming ii n airn the of impartial
meaning men when most well ably occur in connection with purchases and the financial agent for the project to be their personal economic interests are affected
contracts made by the CIA. The conflict- undertaken under the contract. The Court the business they transact on behalf of
into held that there was a conflict of interest on by y
question statute in such a would be brought the part Qf Wenzell and that: the Government. To this extent, therefore,
nto of title le 18, , Unit snteda.sStattates situation i Code, which section "Section 434 forbids a Government agent the statute is more concerned with what
434 provides: proes: from engaging in business transactions on might have happened in a given situation
than with what actually happened. It at-virtue of hs private the Government if, by benefit fl- tempts to prevent honest Government agents
434. In persons acting as Govern- his interest, may from succumbing to temptation by making
mInterested
"$
ment i from the outcome of those trans- s tit illegal for them to enter into relationships
agents nancially
"Whoever, being an officer, agent or mem- actions" (p. 562). ware fraught with temptation (Rankin
ber of, or directly or indirectly interested in The Court was careful to emphasize that which
United States fraught Ct. the pecuniary profits or contracts of any cor- the holding quoted above was limited to the United
recognizing that Cl. the 357)).
statute speaks
poration, joint-stock company, or business specific facts presented in that case. How- in broad, absolute terms, the rite Speaks
entity, is employed or acts as an officer or ever, that case being the most recent one argues that tepret the statute respondent
agent of the United States for the transac- interpreting section 434, statements made down rgu prophylactic rule interpret the sttute to as as ignores the ng
which
tion of business with such business entity, therein by the Court (three Justices dis- actual a
action
of of proscribed the time honored
shall be fined not more than 82,000 or im- senting) must necessarily be relied upon in wbe a violation consequences
prisoned not more than two years, or both." any attempt to determine the applicability would oul that penal tio of are t be narrowly
The procurement authority of,the CIA is of section 434 to a different set of circum- canon
construed. But even penal smust be
their fair meaning penal l statutes atut with the
contained in section 3 of the Central Intel- stances. construed.
ligence Agency Act of 1949 (50 U.S.C. 403a- The majority opinion discusses in some evident intent of Congress' (United with t e
403j). It provides: detail the In origin, that purpose, discussion and the n toe of aRaynor (302 U.S. 540, 552); Rainwater V.
whether said-. Wenzell's United States (356 U.S. 590, 593); United
"PROCUREMENT AUTHORITIES tion "First.. In In determining ining e Court
"SEC. 3. (a) In the performance of its activties fall within the proscription of sec States v. Corbett (215 U.S. 233, 242) ).
functions the Central Intelligence Agency is tion 434, we think it is appropriate to focus "In view of the statute's evident purpose
authorized to exercise the authorities con- our attention initially on the origin, pur- and its comprehensive language, we are con-
tained in sections 2(c) (1), (2), (8). (4), pose, and scope of the statute. Section 434 vinced that Congress intended to establish
(5), (6), (10), (12), (15), (17), and sections is one of several penal conflict-of-interest a rigid rule of conduct which, as we shall
3, 4, 5, 6, and 10 of the Armed Services Pro- statutes which were designed to prohibit now demonstrate by analyzing each of the
curement Act of 1947 (Public Law 413, Eight- Government officials from engaging in con- elements of the statutory prohibition, was
ieth Congress, second session) [now con- duct that might be inimical to the best in- violated by Wenzell" (pp. 548-551).
tamed in chapter 137 of title 10, U.S.C.]. terests of the general public. It is a re- Particularly worthy of note in the fore-
"(b) In the exercise of the authorities statement of a statute adopted in 1863 fol- going excerpt (third paragraph) is the
granted in subsection (a) of this section, lowing the disclosure by a House Committee Court's construction of the statute to the ef-
the term "Agency head" shall mean the Dl- of scandalous corruption on the part of Gov- feet that it establishes an objective stand-
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dn"A
and of conduct, and that there Is a violation yoked against an officer or employee of the The PRESIDING OFFICER. Is there
of the statute whether or_not positive cor- Government, even though that officer or abjection to the request of the Senator
ruption is involved and whether or not any employee possesses substantial financial in- from Pennsylvania?
actual loss is, sustained by the Government. terest in a company with which the depart-
The Court 'indicated that the language of ment or agency in which he serves does Mr. SYMINGTON. Mr. President, I
the statute establishes a rigid rule of con- business, if that officer or employee takes have a copy of the document of which
duct for Government officers and employees. no part in the transaction of that business the paragraphs of the able senator
The Court rejected the argument of re- and has no supervisory or overriding author- from Pennsylvania are a part. This
spondent that since Wenzell did not partial- ity with respect to the transaction of that document was not furnished by the
pate in the terminal negotiations which led business. The opinionin Mississippi Valley Central Intelligence Agency to the nom-
to the final agreement his actions were too appears to be grounded upon the premise inee. He therefore knew nothing of the
remote and tenuous to be considered "the that the chief evil at which section 434 is
transaction of business" within the mean- directed is not the mere fact of the posses- rules in the document. Fortunately the
ing of the statute. In rejecting the argu- sion by a Government officer of a private nominee is completely in the clear Be-
ment the majoFity said: financial interest in a business entity, but cause of his position before the Com-
"To limit the application of the statute to his undertaking to act on behalf of the mittee.
Government agents who participate only in Government in a business transaction with Mr. CLARK. Mr. President, will the
the final formation of a contract would per- a business entity in which he has such an Senator from Missouri yield?
mit those who have a conflict of interest interest. Therefore, assuming that Mr. Mr. SYMINGTON. Mr. President, the
to engage, in the preliminary, but crucial McCone in his capacity as Director of the Senator from Pennsylvania has the floor,
stages of the transaction, and then to in- CIA could divorce himself completely from
.sulate themselves from prosecution under any business transactions involving those and has been kind enough to yield to
section 434 by withdrawing from the nego- companies in which he holds a pecuniary me.
tiations at the final, and often perfunctory interest, he would certainly escape any con- Mr. CLARK. Of Course if the Senator
stage of the proceedings. Congress could filet contemplated by section 434. Whether from Missouri does not want this in-
not possibly have intended such an obvious he could in fact (1) remove himself from formation in the RECORD, and if he
evasion of the statute" (pp. 554-555). all questionable transactions to the degree therefore wishes to object, I shall be
This statement by the Court makes it necessary to insure that no conflict of in- happy to withdraw my request. But
quite clear that an agent of the Government terest would arise, or (2) remove himself
who participates only in the formative stages from all questionable transactions and per- these Particular rules have been fur-
of a contract may be guilty of conflict of form the functions of the CIA in the best nished at my request-
Interest even though he does not participate interests of the Government are questions Mr. SYMINGTON. No, Mr. Presi-
in the terminal negotiations. It does not re- of fact and policy which must be determined dent; the Senator from Pennsylvania
solve the question of whether an agent who by the President and Senate and, therefore, misunderstood. He is very fair. My
participates only in the terminal negotia- cannot be answered here. point is that these rules and regulations,
tions, particularly if the participation is Conclusions part of which the able Senator is plac-
nothing more than perfunctory, transacts Although the Court In the Mississippi Val- ing the RECORD, were not given by the
business within the meaning of section 434. ley case was careful to limit its holding to CIA to the nominee.
It would not be unreasonable to conclude, the facts before it in that case, the expres- Mr. CLARK. I never said they were.
on the basis of the Court's statement con- sions therein contained. would seem to sup- Mr. SYMINGTON. I know; but I
cerning the lack of knowledge of a conflict port the following inferences:
of interest on the part of Wenzell, that its I. If Mr. McCone were to serve as Di- mention this because the nominee has
ruling would be the same In both instances. rector of the CIA, section 434 of title 18, been entirely willing to abide by -the
With respect to that aspect of the case the United States Code, could have no applica- committee of the Senate before which
Court said: tion unless, during his incumbency, the CIA he has now appeared, as he was before
However, even assuming that Wenzell did did in fact have business transactions with the other committees before which he
not think there was a conflict, that fact Is one or more of the companies In which he previously appeared.
irrelevant. As we have shown, the statute then had a financial interest.
establishes an objective, and not a subjective 2. If in his capacity as Director of the CIA I thank the Senator from Pennsyl-
establishes and it is therefore of little moment
Mr. vania for his courtesy in kiething,
whether the agent thought he was violating ' McCone were to participate on behalf Mr. CLARK. I thank the Senator
the statute 11 the objective facts show that of the Government in a business transaction from Missouri for his courtesy to me,
with
there was a conflict of interest" (p. 560). interested and from vi he might a company in which he m financially which is always very great, indeed.
In the Mississippi Valley case, the respond- financial isir434
nt asserted that Wenzell's activities dnot nanl gain, the provisions of section 434 Let me ask whether the Senator from
e
~t would become applicable whether or not Missouri desires to object to the request
fal l within the statute because the did
or Mr. McCone believed his actions to involve I have made.
ation of which he was an officer had no more a conflict of interest. Mr. SYMINGTON. No, W. Presi-
than mere hope that it might receive the
financing work if the contract negotiations 3. The meaning of the term "transacts dent. I simply wished to make this
were successful. Again, the Court rejected business," as used in section 434 has not point for the RECORD.
the argument saying that:_ been fully determined. Clearly a direct or Mr. CLARK. I thank the Senator
"If a contract between the Government indirect personal participation at any stage from Missouri.
and the sponsors was ultimately agreed in the negotiation or execution of a particu-
lar contract on behalf of the Government Mr. President, I renew my request.
upon, there was a substantial, probability would be included. The decision in Missis- The PRESIDING OFFICER. IS there
that, because of its prior experience in the sippi Valley suggests that the
area of private power financing, First Boston giving of ap- objection?
would be hired to secure the financing." to a contract negotiated by others There being no objection, the memo-
555). ." (p. probably would be regarded as such a par- randum was ordered to be printed in the
This language suggests that certainty of ticipation. What other forms of action RECORD, as follows:
financial gain is not a necessary element of taken by a Government officer with respect CENIRA r ,momLLI ~_.
tion. Indeed, the Court in its technical hold- Respectfully submitted. Pursuant to Executive Order 10939, issued
ing held If, a Government agent may benefit HUGH C. EVANS, May 5, 1961, calling on "each department and
financially from his transactions he violates Assistant Counsel. agency head (to) review or issue internal
the statute (p. 562). directives appropriate to his department or
Mr. CLARK. Mr. President, I aSk agency to assure the maintenance of high
Discussion unanimous consent that the Central In- ethical and moral standards therein", the
Obviously, section 434 would not come in- telligence Agency- rules on employee CIA issued rules on "employee conduct" on
to operation if the CIA, during the period conduct-dealing with conflict of inter- August 29, 1961. The rules contain the fol-
of Mr McCone's service as Director, were to est and dated August sections:
have no business transactions with any of ugust 29, 1961-be
the companies in which he may be financially printed at this point in. the RECORD, in "Ill. SPECIAL PROVISIONS
interested. Accordingly, the question to be connection with my remarks. "b. Conflicts of interest.
considered here is whether an individual The PRESIDING OFFICER. Is there .. (1) DEFINITtuN.-A conflict of interest is
as an
serving as Director of the CIA would come objection to the request of the Senator defined
private p vate in iot eresin wusually l but but not
within the provisions of section 434 if the . from Pennsylvania? nc, usu not
CIA were to transact business with one or necessarily of an economic nature, conflicts
more of the companies in which that Director Mr. SYMINGTON. -Mr. President, or appears to conflict with his Agency duties
holds substantial financial Interests. reserving the right to object, may I first and responsibilities. The situation is of
It is believed that the criminal sanctions look at the document? concern to the Agency whether the conflict
of section 434 could not be successfully in- is real or only apparent."
y Mr. CLARK. Certainly. ?
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"(3) Regulatory provisions.
"(c) Financial Interests. Employees may
not (a) have direct or indirect financial in-
terests that conflict substantially, or appear
to conflict substantially, with their respon-
sibilities and duties as Agency employees."
Mr. CLARK. Mr. President, I now
ask unanimous consent to have printed
*at this point in the RECORD, in connec-
tion with my remarks, a memorandum
prepared by the Office of the Legislative
Counsel for the Senator from Virginia
[Mr. BYRD] at the time when the nom-
ination of Mr. McNamara to be Secre-
tary of Defense was presented, because
I believe there is some similarity between
that situation with respect to possible
conflict of interest because of stock
holdings and the situation in regard to
the nomination of Mr. McCone to be
Director of Central Intelligence Agency.
There being no objection, the memo-
randum was ordered to be printed in
the RECORD, as follows:
[U.S. Senate, Office of the Legislative
Counsel]
MEMORANDUM FOR SENATOR BYRD OF VIRGINIA
Re possible conflict-of-interest aspects of a
trust agreement proposed to be executed
by a designee for appointment as Secre-
tary of Defense
This memorandum is transmitted pur-
suant to your request for comment as to
possible conflict-of-interest aspects of the
trust agreement returned herewith.
FACTUAL BACKGROUND
It is understood that Mr. Robert S. Mc-
Namara, formerly president of the Ford Mo-
tor Co., and recently designated for appoint-
ment as Secretary of Defense, has indicated
that he contemplates entering Into a trust
agreement in that form for the purpose of
placing his personal affairs in such condi-
tion that action taken by him in the per-
formance of the duties of the Office of the
Secretary of Defense would not place him
in violation of the Federal statutes com-
monly referred to as conflict-of-interest
statutes.
For present purposes, the principal fea-
tures of the proposed trust agreement may
be described as follows:
1. Mr. McNamara would transfer to the
corporate trustee designated in the agree-
ment certain identified property, and such
other property as Mr. McNamara might
transfer later to the trustee.
2. For the duration of the trust, the trus-
tee would have full power to invest, rein-
vest, manage, and control, subject to the in-
vestment directions of an investment adviser
designated in the agreement, all property
transferred by Mr. McNamara to the trustee.
3. The trustee would be authorized to in-
vest the trust property (in conformity with
directions received from the investment ad-
visor) "principally in common stock and
equity securities," and would not be limited
as to any particular class or category of
securities,
4. During the existence of the trust, the
trustee would pay, from the income and
principal of the trust property, to Mr. Mc-
Namara and to other persons and organiza-
tions designated by Mr. McNamara, such
sums as maybe prescribed from time to time
In written directions given by Mr. McNa-
mara.
5. During the existence of the trust, and
while Mr. McNamara serves as Secretary of
Defense, neither the trustee nor the invest-
ment advisor would disclose to Mr. McNa-
mara or to any other person "any informa-
tion concerning the investments of the trust
estate," except that such information could
be given:
(a) to brokers, agents, attorneys, and
other persons with whom trust business is
transacted;
(b) to Mr. McNamara to the extent re-
quired by him "for making reports or re-
turns to any government authority"; and
(c) to Mr. McNamara to the extent that
such information reflects the "net income
and taxable income of the trust estate."
6. Mr. McNamara would reserve the right
at any time to:
(a) alter or revoke the trust agreement;
(b) remove or replace the trustee; and
(c) cause a new investment advisor to be
designated.
ASSUMPTIONS MADE
For the purposes of this memorandum it
will be assumed that under the proposed
plan:
1. Mr. McNamara would not serve concur-
rently as Secretary of Defense and as an offi-
cer, agent, or member of any business entity
which transacts business with the Depart-
ment of Defense.
2. Mr. McNamara, before assuming the
office of Secretary of Defense, would dispose
of all personal financial interests which
might give rise to conflict-of-interest impli-
cations, and that during his service as Secre-
tary of Defense he'would acquire no such
interests other than those which might be
acquired by the trustee under the terms of
the proposed trust agreement;
3. The trust agreement would be continued
in, effect without material change by Mr. Mc-
Namara during the period of his service as
Secretary of Defense;
4. No requirement of State or Federal law
would necessitate the disclosure by the trus-
tee to Mr. McNamara of information con-
cerning the identity of corporations or other
organizations in which investments had been
made by the trustee;
5. Mr. McNamara would not seek or ac-
quire any such information from any other
source during his service as Secretary of
Defense;
6. Mr. McNamara, while serving as Secre-
tary of Defense, would take no action inci-
975
ment might bring him into conflict with the
section quoted above.
The trust agreement indicates that It is
contemplated that the trust property would
be invested principally in "common stocks
and equity securities." To the extent that
such investment were to be made in business
entities having no business transactions with
the Department of Defense, no problem would
occur. However, the proposed trust agree-
Inent contains no express limitation with
regard to the class of business entities in
which trust funds may be invested. Accord-
ingly, it is possible that such funds might
be invested in concerns which will be en-
gaged in transacting business with the De-
partment of Defense during Mr. McNamara's
service as Secretary. Therefore, the present
inquiry requires consideration of the ques-
tion whether any such investment might
bring Mr. McNamara into conflict with the
provisions of section 434.
2. Significance of a beneficial interest
in securities
If, under the terms of the trust agreement
or through any other means, Mr. McNamara
were to acquire knowledge of the identity of
any corporation in which the trustee had in-
vested trust funds through the purchase of
share capital and which was transacting
business with the Defense Department, his
possession of a beneficial interest in securi-
ties of that corporation probably would bring
section 434 into application.
In a previous memorandum construing
section 434, dated January 19, 1953, this office
expressed the following view:
"The evident purpose of that section was
to prevent an officer or employee of the
United States from transacting business with
a corporation or other entity in such a way
that his action might result in direct or
indirect personal gain through the acquisi-
tion of money or some other thing of value.
Inclusion of the word 'indirectly' in the
phrase 'directly or indirectly interested in
the pecuniary profits or contracts of such
corporation' suggests that the section ex-
tends to private gains which flow recogniza-
dent to the procurement of any contract or __bly from profits or contracts even though the
the prosecution of any claim which might gains pass through other hands or instru-
be in violation of section 281 or 283 of title
18 of the United States Code; and
7. While serving as Secretary of Defense,
Mr. McNamara would receive no "salary"
from any source other than -the United
States, "in connection with his services as
such an official," prohibited by section 1914
of title 18, United States Code.
STATUTE INVOLVED
Upon the assumptions which have been
made, any conflict-of-interest implications
of the trust agreement which has been de-
scribed would appear to arise from the pro-
visions of section 434 of title 18, United
States Code, which provides: .
434. Interested persons acting as Govern-
ment agents
"Whoever, being an officer, agent, or mem-
ber of, or directly or indirectly interested in
the pecuniary profits or contracts of any cor-
poration, joint-stock company, or association,
or of any firm or partnership, or other busi-
ness entity, is employed or acts as an officer
or agent of the United States for the trans-
action of business with such business entity,
shall be fined not more than $2,000 or im-
prisoned not more than two years or both."
DISCUSSION
1. The question presented
There is no indication that Mr. McNamara
would continue as an "officer, agent, or mem-
ber" of any business entity after his ap-
pointment as Secretary of Defense. Accord-
ingly, it would seem that the question for
consideration is whether his beneficial in-
terest in any securities acquired by the
trustee under the proposed trust agree-
mentalities before realization by the officer
concerned.
"In the light of the relationship existing
between a corporation and its shareholders,
it seems quite clear that the interest of a
shareholder in a corporation is of the kind
included within that phrase. However, as
a criminal statute, section 434 will be strictly
construed, and it is very doubtful that the
bare existence of such an interest would be
regarded as sufficient ground for the visita-
tion of criminal consequences. A clear
showing of the presence, in a material de-
gree, of the substantive evil at which the
section is directed would seem to be.a Iiec-
essary element of proof. The existence of a
nominal or trivial interest, such as the pos-
session of a single qualifying share, or the
possession of naked legal title to shares in
which the beneficial interest is held by
others, probably would not be enough. But
a showing of an actual and beneficial inter-
est of such magnitude as to demonstrate a
probable influence upon the official actions
of the officers concerned would seem to be
sufficient."
The foregoing expression assumed knowl-
edge by the shareholder of the identity of
the corporation in which his investment was
made. It also suggested the probability that
the, courts might apply. to the interest of
the shareholder a quantitative test of the
magnitude of his interest in determining the
application of section 434 to particular cases.
The validity of that suggestion has been
thrown into question by expressions con-
tained in the majority opinion of the
Supreme Court in United States v, Missis-
sippi Valley Generating Co., No"26, October
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Term, 1960, decided January 9, 1961. In
that opinion it was stated that section 434
established "an absolute standard of con-
duct" which leaves no room for equitable
considerations (pamphlet opinion, pp. 87,
48). A discussion of possible implications
of that opinion is set forth hereinafter.
3. S5ignificance of the--element of knowledge
Instant case arises from the provisions of
the trust agreement which (with stated ex-
ceptions) appear to be intended to insulate
Mr. McNamara from knowledge as to the
identity of any business organization in
which the trust funds may be invested. That
element presents the question whether the
possession of such knowledge by Mr. Mc-
Namara would be necessary to bring section
434 into application.
Section 4$4 does not expressly condition its
application upon a showing of knowledge by
a shareholder of the existence of his interest
in a business organization with which he
may transact business as a Government of-
ficer. Read literally, the section would apply
to such a case notwithstanding the fact that
the officer concerned in fact had no such
knowledge.' Any relief from the rigor of such
a rule would require an interpretation under
which the element of knowledge would be
read into section 434 as a matter of Congres-
sional intent -or as a requirement necessary
to sustain its validity. The legislative his-
tory of section 434 provides no answer to the
question whether Congress intended such
knowledge to be an element of the crime
described therein, and no opinion of any
Federal court appears -to have given express
consideration to that particular aspect of
section 434. That question was not directly
involved in the determination by the
Supreme Court of the recent case of United
States v. Mississippi Valley Generating Co.,
No. 26, October Term, 1960, decided January 9,
1961.
In some Instances the courts will read into
a criminal statute a requirement of knowl-
edge that is not set forth by explicit language
contained in the statute. In other instances
the courts wil decline to do so, and will en-
force the statute acording to its literal
terms. See Sayre, Francis B., "Public Wel-
fare Offenses," 33 Columbia Law Review 55
(1933). Determination -whether a criminal
statute falls Into one or the other of those
categories frequently is difficult. As stated
by the Supreme Court in Morissette v. United
States, 342 U.S. 246, 260 (1952) :
"Neither this Court nor,-so far as we are
aware, any other has undertaken to -de-
lineate a precise line or set forth a compre-
hensive criteria for distinguishing between
crimes that require a mental element and
crimes that do not. We attempt no closed
definition, for the law on the subject is
neither settled nor static. * * S"
In that case the Court held that intent
was an essential element of an offense
charged under 18 U.S.C. 641 which provides
in part that "whoever embezzles, steals, pur-
loins, or knowingly converts" property of
the United States is punishable by fine or
imprisonment even though intent is not an
element specifically prescribed by the
statute. The Court said (pp. 260-262) :
"Stealing, larceny, and its variants and
equivalents, were among the earliest offenses
known to the law that existed before legisla-
tion; * * ? State courts of last resort, on
whom fall the heaviest burden of interpret-
ing criminal law in this country, have con-
sistently retained the requirement of intent
in larceny-type offenses. If any state' has
deviated, the -exception has neither been
called to our attention nor disclosed by our
research. -
"Congress, therefore, omitted any express
prescription of criminal intent from the
enactment, before us in the light of an un-
broken course of judicial decision in all con-
stituent states of the union holding intent
inherent in this class of offense, even when
not expressed in a statute. Congressional
silence as to mental elements in an Act
merely adopting into federal statutory law
a concept of crime already so well defined
in common law and statutory interpreta-
tion by the states may warrant quite con-
trary inferences than the sames silence in
creating an offense new to general law, for
whose definition the courts have no guidance
except the Act. * * *"
The Courtin the Morissettecase, however,
reaffirmed the decision in the case of United
States v. Valint, 258 U.S. 250 (1922), which
held that knowledge was not a necessary
element in a violation of the Narcotic Act
of December 17, 1914 (38 Stat. 785). In so
doing, the Court recognized and discussed
the evolution of a class of legal offenses
which have become known as "public welfare
offenses" in which intent is not an element
necessary to the particular offense involved.
Commenting upon such offenses, the Court
said (pp. 255-256):
"This has confronted the courts with a
multitude of prosecutions, based on statutes
or administrative regulations, for what have
been aptly called "public welfare offenses."
These cases do not fit neatly into any of
such accepted classifications of common-law
offenses, such as those against the state,
the person, property, or public morals.
Many of these offenses are not In the nature
of positive aggressions or invasions, with
which the common law so often dealt, but
are in the nature of neglect where the law
requires care, or inaction where it imposes a
duty. Many violations of such regulations
result in no direct or immediate Injury to
person or property but merely create the
danger or probability of it which the law
seeks to minimize. While such offenses do
not threaten the security of the state in
the manner of treason, they may be regarded
as offenses against its authority, for their
occurrence impairs the efficiency of controls
deemed essential to the social order as pres-
ently constituted. In this respect, whatever
the intent of the violator, the injury is the
same, and the consequences are injurious or
not according to fortuity. Hence, legislation
applicable to such offenses, as a matter of
policy, does not specify intent as a necessary
element. The accused, if he does not will
the violation, usually is in a position to
prevent it with no more care than society
might reasonably expect dnd no more exer-
tion than it might reasonably-exact from one
who assumed his responsibilities."
The offense described by section 434 ap-
pears not to be one "well defined in common
law," or one for which the state courts
"have consistently retained the requirement
of intent." It does not appear to be a penal
provision having as its main purpose the
punishment of an Individual for a wrong
committed by him, but rather a provision
of law enacted primarily for the purpose of
protecting the public against persons who
might compromise their positions as officers
or employees of the Federal Government for
their own personal gain. As such, it would
appear to fall into the category described
by the Supreme Court as "public welfare
offenses," with respect to which the courts
will not read in a requirement of knowl-
edge which is not expressly set forth in the
statute. The reasons for belief that section
434 is to be so regarded are described more
fully in the following paragraphs of this
memorandum.
4. Implications of the Mississippi Valley
Generating Company case
The Mississippi Valley Generating Com-
pany case, referred to above, involved the
application of section 434 to the activities
of one Wenzell who, while serving as a'tem-
porary employee of the Bureau of the Budget
and contemporaneously as an officer and
shareholder of a banking corporation, par-
ticipated on behalf of the United States in
negotiations looking toward the formation
of a Government contract in the execution
of which that banking corporation might
have been expected to participate. The
Court held (3 justices dissenting) that sec-
tion 434 "forbids a government agent from
engaging in businesstransactions on behalf
of the Government if, by virtue of his private
interests, he may benefit-financially from the
outcome of those transactions" (Pamphlet
opinion, p. 40), and that on the showing
made in that case Mr. Wenzell had violated
the provisions of that section. Accordingly,
it determined that the contract could not be
enforced against the Government (Pamphlet
opinion, pp. 40-44).
The narrow, technical holding of the ma-
jority in that case is not directly determina-
tive-of the question considered in this memo-
randum. However, the majority and minor-
ity opinions of the Supreme Court in that
case do contain the most recent and the
most comprehensive expressions of the Court
with respect to the application of section 434.
The following extract from the majority
opinion (pamphlet opinion, pp. 26-29) dem-
onstrates the broad scope given to that sec-
tion by the Court:
"First. In determining whether Wenzell's
activities fall within the proscription of Sec-
tion-434, we think it is appropriate to focus
our attention initially on the origin, purpose,
and scope of the statute. Section 434 is one
of several penal conflict-of-Interest statutes
which were designed to prohibit government
officials from engaging in conduct that might
be inimical to the best interests of the en-
eral public. It Is a restatement of astatute
adopted in 1863 following the disclosure by a
House Committee of scandalous corruption
on the part of government agents whose job
it was to procure war materials for the Union
armies during the Civil War. The statute
has since been reenacted on several occa-
sions, and the broad prohibition contained in
the original statute has been retained
throughout the years.
"The obvious purpose of the statute is to
Insure honesty in the Government's business
dealings by preventing federal agents who
have interests adverse to those of the Gov-
ernment from advancing their own interests
at the expense of the public welfare. United
States v. Chemical Foundation, 272 U.S. 1, 18.
The moral principle upon which the statute
is based has its foundation in the Biblical ad-
monition that no man may serve two mas-
ters, Matt. 6:24, a maxim which is especially
pertinent if one of the masters happens to
be economic self-interest. Consonant with
this salutary moral purpose, Congress has
drafted a statute which speaks in very com-
prehensive terms. Section434 is not limited
in its application to those in the highest
echelons of government service, or to those
government agents who have only a direct
financial interest in the business entities
with which they negotiate on behalf of the
Government, or to a narrow class of business
transactions. Nor is the statute's scope re-
stricted by numerous provisos and excep-
tions, as is true of many penal statutes.
Rather, it applies, without exception, to
"whoever" is "directly or indirectly inter-
ested in the pecuniary profits or contracts"
of a business entity with which he transacts
any business "as an officer or agent of the
United States."
,,it is also significant, we think, that the
statute does not specify as elements of the
crime that there be actual corruption or
that there be any actual loss suffered by the
Governmentas a result of the defendant's
conflict of interest. This omission indicates
that the statute establishes an objective
standard of conduct, and that whenever a
government agent fails to act in accordance
with that standard, he is guilty of violating
the statute, regardless of whether there is
positive corruption. The statute is thus di-
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CONGRESSIONAL RECORD - SENATE
rected not only at dishonor, but also at
conduct that tempts dishonor. This broad
proscription embodies a recognition of the
fact that an impairment of impartial judg-
ment can occur in even the most well-mean-
ing men when their personal economic in-
terests are affected by the business they
transact on behalf of the Government. To
this extent, therefore, the statute is more
concerned with what might have happened
in a given situation than with what actually
happened. It attempts to prevent honest
government agents from succumbing to
temptation by making it illegal for them to
enter into relationships which are fraught
with temptation. Rankin V. United States,
98 Ct. Cl. 357.
"While recognizing that the statute speaks
in broad, absolute terms, the respondent
argugs that to interpret the statute as laying
down a prophylatic rule which ignores the
actual consequences of proscribed action
would be a violation of the time-honored
canon that penal statutes are to be narrowly
construed. But even penal statutes must
be "given their fair meaning in accord with
the evident intent of Congress." United
States v. Raynor, 302 U.S. 540, 552; Rain-
water v. United States, 356 U.S. 590, 593;
United States v. Corbett, 215 U.S. 233, 242.
In view of the statute's evident purpose and
its comprehensive language, we are convinced
that Congress intended to establish a rigid
rule of conduct which, as we shall now
demonstrate by analyzing each of the ele-
ments of the statutory prohibition, was vio-
lated by Wenzell."
The majority opinion clearly indicated that
violation of section 434 requires no showing
of any harm actually sustained by the Gov-
ernment, saying (pamphlet opinion, p. 37) :
"It may be true, as the respondent asserts,
that none of Wenzell's activities to which
we have alluded adversely affected the Gov-
ernment in any way.. However, that question
is Irrelevant to a consideration of whether
or not Wenzell violated the statute. As we
have Indicated the statute is preventive in
nature; it lays down an absolute standard
of conduct which Wenzell violated by enter-
ing into a relationship which made it dif-
ficult for him to represent the Government
with the singleness of purpose required by
the statute"
The majority took the view that knowledge
by Mr. Wenzell with regard to the existence
"As we have indicated, the primary pur-
pose of the statute is to protect the public
from the corrupting influences that might
be brought to bear upon Government agents
who are busi-
ness transactions l which they are conducting
on behalf of the Government. This protec-
tion can be fully accorded only if contracts
which are tainted by a conflict of interest
on the part of a Government agent may be
the Government. If the Gov
disaffirmed
e e remedy in a case such as that
sol
now before us is merely a criminal prosecu-
tion against its agent, as the respond-
ent suggests, then the public will be
forced to bear the burden of complying with
the very sort of contract which the statute
sought to prevent. Were we to decree the
enforcement of such a contract, we would
be affirmatively sanctioning the type of in-
fected bargain which the statute outlaws
blic of
and we would be depriving the pu
the protection which Congress has conferred.
The majority regarded its determination
of nonenforceability to be a necessary con-
sequence of the public policy
section 434, saying (pp. 42-43):
"The Court of Claims was of the opinion
that it would be overly harsh not to er;-
force this contract, since the sponsors could
not have controlled Wenzell's activities and
were guilty of no wrongdoing. However, we
think that the court emphasized the wrong
considerations. Although nonenforcement
frequently has the effect of punishing one
who has broken the law, its primary pur-
pose is to guarantee the integrity of the
federal contracting process and to protect
the public from the corruption which might
lie undetectable beneath the surface of a
contract conceived in a tainted transaction.
Cf. Crocker v. United States, 240 U.S. 74, 80-
81. It is this inherent difficulty in detecting
corruption which requires that contracts
made in violation of Section 434 be held un-
enforceable, even though the party seeking
enforcement ostensibly appears entirely in-
nocent. Cf. Hazelton v. Sheekells, 202 U.S.
71, 79. Therefore, even if the result in a
given case may seem harsh, and we do not
think that such is the case here, that re-
sult is dictated by the public policy mani-
fested, by the statute."
The emphasis given by the majority opin-
ion of the Supreme Court in that case to (1)
the remedial purpose of section 434, (2) the
absolute standard of conduct established
thereby, and (3) the immateriality. of such
factors as actual harm sustained by the
Government, corrupt intentions on the part
of the Government officer concerned, equi-
table considerations, knowledge by the actor
that he was engaged - in activities' having
conflict of interest implications, or the
harshness'of consequences which might now
from a strict application of the letter of
the statute, suggests that it is more than a
mere possibility that the Court might hold
977
an organization while he possesses such an
interest therein.
Viewed in that light, the expressions of
the majority in the Mississippi Valley case
suggest more strongly the probability that
the Court might consider as immaterial the
factor of knowledge by the officer of the
existence or nature of his private financial
Interest. So regarded, the majority opinion
would stand for the general proposition that
it is the affirmative obligation of one who
undertakes to act for the Government in
the transaction of business with a private
business organization to insure by all means
available to him that he does not in fact
have a direct or indirect pecuniary interest in
that organization.
The minority opinion in the Mississippi
Valley case does not appear to be in conflict
with that view. Mr. Justice Harlan, writing
for the dissenting justices, invited attention
to the fact that decision with regard to the
element of knowledge in section 434 was not
required in that case (pamphlet opinion, p.
3, footnote 3). However, he indicated agree-
ment with the majority of the Court as to
the basic purpose and effect of the section
by stating (pamphlet opinion, p. 4) :
"The policy and rationale of the statute
are clear: an individual who negotiates busi-
ness for the Government should not be ex-
posed to the temptation which might be
created by a loyalty divided between the
interest of the Government and his own self-
interest; the risk that the Government will
not be left with the best possible transac-
tion is too great."
The apparent ground for the dissent of
three justices was their conviction that sec-
tion 434 had been misapplied by the ma-
jority because at the time of the performance
by Mr. Wenzell of his activity on behalf of
the Government there was no certainty that
the bank corporation with which he was.as-
sociated would engage in the performance of
any contract which might be entered into
through the participation of Mr. Wenzell.
If, in a case such as that of Mr. McNamara,
a Government officer were to participate in
the transaction of business on behalf of the
Govermnent with business organizations in
which he had in fact a financial interest, and
the Court thereafter were to hold his knowl-
edge thereof was immaterial, such a holding
would throw into question the validity of all
contracts entered into by that officer with
such business organizations.
CONCLUSION
of a conflict of interest arising from his
duality of allegiance was immaterial, saying
(pamphlet opinion, pp. 38-39):
"However, even assuming that Wenzell did
not think there was a conflict, that fact is
irrelevant. As we have shown, the statute
establishes an objective, and not a subjective
standard, and it is therefore of little moment
whether the agent thought he was violating
the statute, if the objective facts show that
there was a conflict of interest."
The majority also rejected the contention
that equitable considerations should pre-
clude the application of section 434, saying
(pamphlet opinion, pp. 39-40) :
"The thrust of the arguments made by
the respondent and adopted by the Court of
i that it would be unjust to apply
s
i
Cl
For the foregoing reasons, it is considered
not improbable that, on the basis of the ex-
pressions of the Supreme Court in the Mis-
sissippi Valley case, a Federal criminal court
might regard the provisions of the trust
agreement proposed in the case of Mr. Mc-
Namara to be ineffective to preclude the ap-
plication of section 434 of title 18, United
States Code, to any situation in which he
Were to represent the United States. in a
transaction with a business organization in
which the trustee under that agreement then
held securities for the benefit of Mr. Mc-
Namara.
Respectfully submitted.
JOHN C. HERBERG,
Senior Counsel.
JANUARY 14, 1961.
that absence of knowledge by' a Government
officer of the identity of a business organi-
zation in which' he has a beneficial financial
interest would not preclude the application
of section 434 to his action in. transacting
business on behalf of the Government with
m
a s
the statute to one who acted as Wenzell that organization.
did in this case. We cannot agree. The That view is suggested also by the man-
statute is directed at an evil which endangers ner in which the Court stated its technical
the very fabric of a democratic society, for holding. As formulated by'the Court (pam-
a democracy is effective only if the people phlet opinion, p. 40), its holding' appears
have faith in those who govern, and that' to lay emphasis upon the' prohibition of
i t sactin
ran g
ffi
Mr. CLARK. Mr. President, I also
ask unanimous consent that a statement
.
cer n
faith is bound to be shattered when high action taken by an o
officials and their appointees engage in ac- business on behalf of the Government with of facts prepared by my staff, at my re-
tivities which arouse suspicions of malfea- an organization "if, by virtue of his private quest, from the hearings before the Sen-
sance and corruption, The seriousness of interests, he may benefit financially from ate Armed Services Committee, dealing
this evil quite naturally led Congress to the outcome of those transactions" This with Mr. McCone's financial holdings,
.adopt a statute whose breadth would be suf- suggests that the chief evil at which the including stock in Standard Oil of Cali-
sub-
ficient to cope with the evil" statute Is directed is not the possession of fornia, ominee is a ship-
question declining to 'permit the contract In a private financial interest by a Government forniain which whichl the the and certain is sub-
question to be enforced against the Govern- officer in a business entity, but the action
ment, the majority stated (pamphlet opin- of such an officer In undertaking to act for ping interests be printed in the RECORD
Ion, p. 41) : the Government in any dealing with such at this point in my remarks.
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CONGRESSIONAL RECORD - SENATE January 29, 1962
There being no objection, the state-
ment was ordered to be printed in the
RECORD, as follows: '
STATEMENT OF FACTS FROM HEARINGS BEFORE
SENATE ARMED -SERVICES COMMITTEE ON
NOMINATION or JOHN A. MCCONE JANU-
ARY 18, 1962
1. STOCKHOLDINGS IN STANDARD OIL OF
CALIFORNIA
Mr. McCone stated that he owned a little
in excess of $1 million of stock in Standard
Oil of California (hearings, p. 55). He
stated that the company had "extensive re-
serves in Arabia and in the offshore island
in the Persian.Gulf of Bahrein, and also ex-
tensive reserve in Sumatra, and Venezuela"
(p. 67).
Standard Oil of California is one of the
four companies which makes up the Arabian-
American Oil Co. (Aramco), along with the
Texas Co., Standard Oil of New Jersey and
Mobil Oil. Aramco, according to Mr. Mc-
Cone, does have relationships with the gov-
ernments of Arabia and Bahrein (p. 69).
. (Note: Standard Oil of California 8/1/61
report to stockholders lists Mr. McCone as
owning 18,318 shares and as receiving 915
additional shares by way of stock dividend.
Total holdings: 19,233 shares.)
2. SHIPPING INTERESTS
Mr. McCone stated "I have direct interest
in Trans-World Carirers. * * * I have person-
ally acquired and own now the great ma-
jority of the stock in San Marino Corp.
and Joshua Bendy Corp. ond, there-
fore, through the sole ownership of Joshua
Hendy, practically half of Trans-World Car-
riers at this point." (p. 66)
Joshua Hendy is exclusively engaged in
the shipping business; in carrying ore to the
South American trade; and in United States
intercoastal trade, principally in chemicals.
The company owns three or four ships in
the intercoastal trade (pp. 68-69).
Senator CASE of South Dakota indicated
that the ships in Mr. McCone's shipping
enterprise and affiliated interests are engaged
in carrying oil for Standard Oil of California
(p. 67).
Mr. CLARK. Mr. President, I intend
tomorrow to address myself more fully
to the problem as to whether the Senate
should or should not confirm this nomi-
nation. I put these memoranda in the
RECORD now so that all Senators may be
advised of them when the debate re-
sumes tomorrow.
I yield the floor.
ADJOURNMENT TO 11 A.M.
TOMORROW
Mr. MANSFIELD. Mr. President, if
there is no further business to come be-
fore the Senate, I move that the Senate
adjourn, under the order agreed to, un-
til 11 o'clock tomorrow morning.
The motion was agreed to; and, as in
legislative session (at .5 o'clock and 10
minutes p.m.), under the order previ-
ously entered, the Senate adjourned
until tomorrow, Tuesday, January 30,
1962, at 11 o'clock a.m.
NOMINATIONS
Executive. nominations received by the
Senate January 29, 1962:
U.S. ARMS CONTROL AND DISARMAMENT AGENCY
Jacob D. Beam, of New Jersey, to be an
Assistant Director, U.S. Arms Control and
Disarmament Agency.
U.S. MARSHAL
Alvin Grossman, of New York, to be U.S.
marshal for the western district of New York
for the term of. 4 years, vice George M.
Glasser.
The following-named officer under the
provisions of title 10, United States Code,
section 3066, to be assigned to a position of
importance and responsibility designated by
the President under subsection (a) of sec-
tion 3066, in rank as follows:
Lt. Gen. Earle Gilmore Wheeler, 018715,
Army of the United States (major general,
U.S. Army), in the rank of general.
- CONFIRMATIONS
Executive nominations confirmed by
the Senate, January 29, 1962:
BOARD OF GOVERNORS, FEDERAL RESERVE
SYSTEM
George W. Mitchell, of Illinois, to be a
member of the Board of Governors of the
Federal Reserve System for a term of 14
years from February 1, 1962.
DIPLOMATIC AND FOREIGN SERVICE
AMBASSADOR
William E. Stevenson, of Colorado, to be
Ambassador Extraordinary and Plenipoten-
tiary of the United States of America to the
Philippines.
ENVOY
William A. Crawford, of the Districtof Co-
lumbia, a Foreign Service officer of class 1,
to be Envoy Extraordinary and Minister
Plenipotentiary of the United States of
America to Rumania.
SECRETARY OF THE NAVY
Fred Korth, of Texas, to be Secretary of
the Navy.
ASSISTANT SECRETARY Or THE AIR. FORCE
Neil E. Harlan, of Massachusetts, to be an
Assistant Secretary of the Air Force.
ASSISTANT SECRETARY Or STATE
Frederick G. Dutton, of California, to be
an Assistant Secretary of State.
UNDER SECRETARIES OF STATE
George W. Ball, of the District of Colum-
bia, to be Under Secretary. of State.
George C. McGhee, of Texas, to be Under
Secretary of State for Political Affairs.
REPRESENTATIVE ON THE POPULATION
COMMIS- SION OF THE ECONOMIC AND SOCIAL COUNCIL
OF THE UNrrED NATIONS
Dr. Ansley J. Coale, of New Jersey, to be the
representative of the United States of Amer-
ica on the Population Commission of the
Economic and Social Council of the United
Nations.
U.S. ARMS CONTROL AND DISARMAMENT
AGENCY
William C. Foster, of the District of Co-
lumbia, to be Director of the U.S. Arms Con-
trol and Disarmament Agency.
Adrian S. Fisher, of the District of Colum-
bia, to be Deputy Director of the U.S. Arms
Control and Disarmament Agency.
PRESIDENT'S SPECIAL REPRESENTATIVE AND AD-
VISER ON AFRICAN, ASIAN, AND LATIN AMERI-
CAN AFFAIRS, AND AMBASSADOR AT LARGE
Chester Bowles, of Connecticut, to be the
President's special representative and ad-
viser on African, Asian, and Latin American
affairs, and Ambassador at Large.
DIPLOMATIC AND FOREIGN SERVICE
U.S. AMBASSADORS
John 0. Bell, of Maryland, a Foreign-Serv-
ice officer of class 1, to be Ambassador Ex-
traordinary and Plenipotentiary of the Unit-
ed States of America to Guatemala.
John H. Burns, of Oklahoma, a Foreign
Service officer of class 1, to be Ambassador
Extraordinary and Plenipotentiary of the
United States of America to the Central
African Republic.
Parker T. Hart, of Illinois, a Foreign Serv-
ice officer of the class of career minister, now
Ambassador Extraordinary and Plenipoten-
tiary of the United States of America to the
Kingdom of Saudi Arabia and Envoy Ex-
traordinary and Minister Plenipotentiary of
the United States of America to the Kingdom
of Yemen, to serve concurrently and without
additional compensation as Ambassador Ex-
traordinary and Plenipotentiary of the
United States of America to the State of
Kuwait.
William J. Handley, of Virginia, a Foreign
Service Reserve officer of class 1, to be Am-
bassador Extraordinary and Plenipotentiary
of the United States of America to the Re-
public of Mali.
Ridgway B. Knight, of New York, a For-
eign Service officer of class 1, to be Ambas-
sador Extraordinary and Plenipotentiary of
the United States of America to the Syrian
Arab Republic.
Henry R. Labouisse, of Connecticut, to be
Ambassador Extraordinary and Plenipoten-
tiary of the United States of America to
Greece.
Armin H. Meyer, of Illinois, a Foreign
Service officer of class 1, to be Ambassador
Extraordinary and Plenipotentiary of the
United States of America to the Republic
of Lebanon.
Raymond L. Thurston, of Missouri, a For-
eign Service officer of class 1, to be Ambas-
sador Extraordinary and Plenipotentiary of
the United States of America to Haiti.
John M. Cabot, of the District of Colum-
bia, a Foreign Service officer of the class of
career minister, to be Ambassador Extraordi-
nary and Plenipotentiary of the United States
of America to Poland.
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CONGRESSIONAL RECORD - SENATE 1093
Philadelphia banks, borrowers in the larger
categories could be well accommodated.
This ignores again the realities of the situa-
tion and the positive testimony that in the
larger industries, there is a decided reluc-
tance on the part of financial officers to be
made the subject of participating loans.
With the originating bank, there is also an
aversion to these loans as it requires con-
siderable negotiation and technical handling
which is to be avoided wherever possible.
The evidence demonstrated beyond perad-
venture of doubt that the Philadelphia area,
plus parts of Delaware and New Jersey, and
also New York City, as well as most of the
northeastern part of the United States, is
the area of active competition for Philadel-
phia commercial banks and for the proposed
merged bank. The testimony discloses that
the competitive effect upon all Philadelphia
commercial banks will be minimal. The
larger bank, however, will be able to com-
pete on better terms and in a better atmos-
phere with. the banks of other cities and
States that have been draining this area of
banking business which might well be and
perhaps properly should be handled here,
and which cannot be handled under pres-
ent circumstances. That it will benefit the
city and area has been established clearly
by a fair preponderance of the evidence as
has been set forth in the findings - of fact
of the defendants previously affirmed.
There is nothing in this record which sup-
ports the averments of the complaint that
the proposed merger involves an unlawful
combination in restraint of trade; would re-
sult in or tend toward monopoly, or violate
the provisions of the Clayton Act, if applica-
ble; and the proposed merger certainly vio-
lates no provision, either express or implied,
contained in the Bank Merger Act of 1960.
Since the proposed merger contains none
of the defects alleged in the Government's
case and will be in the public interest, it
follows that judgment must be entered in
favor of the defendants and against the
plaintiff.
TVA'S TRIBUTARY PROGRAM
Mr. KEFAUVER. Mr. Presideht, the
proposed' budget for fiscal year 1963
which President Kennedy recently sub-
mitted to the Congress envisages an im-
portant and historic step for the Ten-
nessee Valley Authority.
It is proposed that the TVA spend $2.5
million during the coming fiscal year to
begin work on the multipurpose develop-
ment of the Beech River in west Ten-
nessee.. What distinguishes this re-
source development project from others
in which TVA has heretofore engaged
is: First,- it represents TVA's first major
move in the development of tributaries
of the great Tennessee River; and, sec-
ond, it calls for a sound new demonstra-
tion of the partnership for progress that
has always existed among the TVA,
State and local people in the Tennessee
Valley.
One of the most enthusiastic and ar-
ticulate advocates of the principle of
tributary development by the TVA has
been one of the Nation's great news-
papers, the Nashville - Tennessean.
Therefore, it speaks with energetic au-
thority in its comments of the Beech
River project in an editorial appearing
In that newspaper on January-19, 1962.
Mr. President, I ask unanimous con-
sent that the editorial be printed in the
RECORD at this point. -
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows: -
TVA's TRIBUTARY PROGRAM MODEST, BUT
SOUND, START
In his budget message to Congress yes-
terday, President Kennedy proposed a $2.5
million appropriation next year to initiate
a tributary stream development program in
the Tennessee Valley.
Under this proposal, developed by the Ten-
nessee Valley Authority' following a couple
of Presidential promptings, the Beech River
watershed of west Tennessee would be de-
veloped with a series of 14 small multipur-
pose dams and 80 miles of channel improve-
ment, at an estimated total cost of $6 mil-
lion.
It is a modest beginning. But it is a start.
And a sound principle has been established
for completion of the river basin develop-
ment job upon which TVA embarked more
than a quarter century ago.
The financing proposals suggested are en-
tirely sound. Local and State participation
are involved, it is true, but recognition is
given to two facts upon which this news-
paper has predicated its insistence that capi-
tal financing and planning originate at the
Federal level:
1. Local governments in Tennessee simply
do not have sufficient revenue sources to un-
dertake the broadly based basin-type de-
velopment which commonsense and good
conservation practices dictate. With de-
mands growing upon the State for more-rev-
enue for education, highways, etc., it is like-
ly Tennessee, too, would find difficulty rais-
ing the needed funds.
2. TVA, long since created for the very
purpose this proposal entails, is the proper
agency to develop the plans, to control proj-
ects which are an integral part of the main-
stem system, and therefore to supply the
capital funds necessary. -
In its announcement of the Beech River
program, TVA has taken note of the lack of
local revenues, but there is nothing at all
amiss in its suggestion that "under this
plan the portion of the system which is pri-
marily beneficial to the local area,would pay
for itself." And we know by long experience
that this sort of development produces both
the benefits and the local revenues men-
tioned.
It- was our hope that TVA would em-
bark on a bit more ambitious plan such
as the Elk River- basin offers. But it seems
the directors want to utilize the Beech River
watershed program as something of a pilot
project, and we see nothing wrong in this
as long as they do not forget there are other
areas of perhaps more significant need.
We shall, therefore, continue, to press for
a broadening of. this program with its multi-
purpose functions, designed to lend greater
emphasis to the conservation-development
role of the Authority.
In a conservative Congress, approval of
the TVA-Presidential request is not assured,
of course. It is therefore imperative that
the valley delegation, which has a vast' fu-
ture stake in this program though only one
review of the Nation's transportation in-
dustry.
Several days ago I proposed such a re-
view by a Presidential commission. Now
I note that the Nashville Tennessean, in
an editorial on January 19, 1962, sug-
gests that the Interstate Commerce Com-
mission undertake a review of the entire
rail system. However we may differ as
to detail, we agree on the need for a study
not confined to this proposed merger
alone, and on the principle that mo-
nopoly must be avoided, competition
preserved and the public interest pro-
tected. -
I ask unanimous consent that the edi-
torial appear at this point in the RECORD.
There being no objection, the editorial
was ordered to be printed in the RECORD,
as follows:
RAILROAD SYSTEMS REVIEW NEEDED
Formal agreement to merge the nation's
two largest railroad systems-the Pennsyl-
vania and the New York Central-is sympto-
matic of deep-rooted troubles'in the entire
rail industry which foreshadow other con-
solidations.
The two lines, which together represent
some $5.4 billions in assets have agreed on
merger terms. Many obstacles, including ap-
proval by the Interstate Commerce Com-
mission, lie ahead, however. These could de-
lay action possibly 2 years or more.
Both lines had rough going last year, al-
though the Pennsylvania managed to end
.the year in the black. The merger, which
would result in a 20,000 mile network formed
by the two parallel systems, is estimated to
save $100 million a year.
Many of these lines' financial troubles
stem from overcapacity and excessive dup-
lication of service. Few would argue that
elimination of these weaknesses would, of
themselves, bring about the kind of monop-
oly in railroad operation which made crea-
tion of the ICC necessary.
In various stages of negotiation are other"
mergers, including the Atlantic Coast Line
and Seaboard Air Line; the Great Northern,
Northern Pacific, and Chicago, Burlington,
and Quincy; the Norfolk and Western and
Nickle Plate; and the Chesapeake and Ohio
and the Baltimore and Ohio. Each of these
mergers would result in multimillion dollar
operating cost economies.
The dilemma of the railroads, in fact, has
reached such proportions that a piecemeal
attack by separate consideration of individ-
ual merger plans is no longer adequate.
What is indicated is a comprehensive re-
view by the ICC of the entire rail system.
It should be reshaped to meet the de-
mands of the times, with primary emphasis
on protection of the public interest.
This means preservation of real competi-
tion, and protection of shippers, passengers,
railroad workers, and the towns the roads
serve. ' Crippling of the nation's lifelines
must be prevented.
congressional district is immediately in- p-~'- dw~
volved, stand united behind the traditional + UNANIMOUS-CONSENT AGREEMENT
principles to which the people of this State l TO VOTE AT 2 P.M. WEDNESDAY,
and valley adhere. JANUARY 31, 1962, ON THE NOMI-
NATION OF JOIN A. McCONE TO
NEED FOR A: REVIEW OF NATION'S BE DIRECTOR OF CENTRAL IN-
TRANSPORTATION INDUSTRY TELLIGENCE
Mr. KEFAUVER. Mr. President, more
than any similar event of recent ,years,
the merger agreement by the Pennsyl-
Mr. MANSFIELD. Mr. President, I
should like to have the attention of the
Senate.
vania and New York Central railroads The VICE PRESIDENT. The Senate
has pointed up the need for an overall will be in order.
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CONGRESSIONAL RECORD - SENATE January 30
The Senator from Montana may pro-
ceed.
, Mr. MANSFIELD. The Senate will
recall that some time earlier it gave its
consent to vote on the. McCone nomina-
tion at-2 o'clock this coming Wednesday.
The request was made on the assump-
tion that the American congressional
delegation'to the Punta del Este Confer-
ence woull'return to Washington, D.C.,
at 9 a.m. Wednesday morning and that
therefore the rights of -a Senator would
be well protected if the vote were taken
at 2 p.m. that afternoon.
Due to the fact that the Punta del
Este Conference is still in session; that
decisions have 'not been reached; - that a
particular member of the delegation
asked that the vote on the nomination
be held up until his arrival; at this time,
in furtherance of that request and in
view of the circumstances involved, on
the basisof the absence of a Senator
due to a presidential appointment in ef-
fect to enable him to attend a confer-
ence, I wish to ask thatthe vote on the
McCone nomination be held over until
2 o'clock on Friday next.
Mr. SALTONSTALL. Mr. President, I
shall object. It will be the first time in
17 years I have objected to a unanimous
consent request. I shall object because
I believe this is an extremely important
agency and I believe that we should act
upon the nomination promptly. The
nomination has been held over now for
more than a week since the Committee
on ArmedServices reported the nomina-
tion unanimously.
Because of the importance to our na-
tender my services and offer a live pair
to the Senator in question, because I
presume his vote would be opposite mine.
I make that tender now.
Mr. MANSFIELD. I do not know how
our absent colleague would vote. He
did request, though, that the vote be
held up until his arrival. We have tried
to comply with that request. The time
was set for 2 p.m. on Wednesday next.
It appears that there is no possibility
of obtaining a further extension. So at
this time I will make no further request.
I thank the distinguished Senator from
AID TO HIGHER EDUCATION
Mr. LONG of Missouri. Mr. Presi-
dent, last fall I acted asan intermediary
in a very important exchange of corre-
spondence between Dr. Elmer Ellis, pres-
ident of the University of Missouri and
the senior Senator from Oregon [Mr.
MORSE] chairman of the Senate Subcom-
mittee on Education.
Dr. Ellis in this correspondence raised
a number of objections to S. 1241 as re-
ported.
He questioned its program of loans
only for the construction of academic
facilities. He also questioned its provi-
sions for the States rather than institu-
tions of higher education to determine
who receives scholarships. In place of
S. 1241, he offered a number of alterna-
tive suggestions to aid higher education.
Since this bill will be laid before the
Senate soon, I believe all Senators will
find this correspondence of great inter-
est. I, therefore, ask unanimous consent
that Dr. Ellis' original letter, the reply of
the senior Senator from Oregon, and the
further letter of Dr. Ellis be printed at,
this point in the-RECORD.
There being no objection, the corre-
spondence was ordered to be printed in
the RECORD, as follows:
OFFICE OF THE PRESIDENT,
UNIVERSITY OF MISSOURI,
Columbia, Mo., September 19, 1961.
Senator EDWARD V. LONG,
U.S. Senate,
Washington, D.C.
DEAR ED: I notice that tie Senate Commit-
tee on Labor and Public Welfare has ap-
proved a version of Senate bill 1241 which
is directly contrary to the interests of all
State universities and colleges.
1. It offers loans but not grants for con-
struction of academic facilities. This is ab-
solutely of no use to any public institution
in Missouri and almost no private college
or university.
2. It offers grants for construction of aca-
demic facilities only to public community
colleges. This is highly discriminatory
against 4-year colleges and universities,
public and private, and is highly discrimina-
tory against certain States that do not have
many junior colleges. While we will have
more in Missouri in the future, still States
like California, Iowa, and Texas which have
a great many, would get most of this money.
Moreover, why should the Federal Govern-
ment discriminate against 4-year institu-
tions if that is what other States need?
3. The bill would establish a Federal schol-
arship program administered through State
commissions rather than through the col-
leges and universities. Personally, I have no
particular enthusiasm for big scholarship
programs but if we are to have it, it is far
more sound and much cheaper to adminis-
ter it through the universities and colleges
rather than through a State commission.
Colleges and universities administer the
present loan program of the National Defense
Education Act without criticism.
I would be glad to enlarge on any of these
points if you wish. I think, however, it has
become a very bad bill and should not be
passed in this form under any circumstances.
I am certain It is bad for the State of
Missouri.
Cordially,
COMMITTEE ON LABOR
AND PUBLIC WELFARE,
October 5, 1961.
Hon. EDWARD V. LONG,
U.S. Senate.
DEAR SENATOR: Thank you for bringing to
my attention and that of my subcommittee,
the September 19, 1961 letter addressed to
you by President Elmer Ellis of the Univer-
sity of Missouri.
The points raised by President Ellis paral-
lel views expressed by other educators in our
hearings on S. 1241. I would only point out
that, as indicated in the testimony of Presi-
dent Case of Colgate, which may be found on
page 287 of the hearings, the committeedid
receive testimony that the loans are needed,
are one practical way of meeting the urgent
demands of academic facilities and would be
used to the full extent of the $300 million
a year authorized for the 5-year period.
It is true, that President Case- would wel-
come matching grants to institutions of
higher education. However, as I am sure
you realize, in view of the controversy which
has enveloped other educational bills this
past session, it might be most difficult to en-
act an across-the-board grant proposal.
These difficulties can be summarized
somewhat as follows:
If grants to public institutions of higher
education only were to be adopted then
strong protests could be expected from non-
public institutions of higher education on
the grounds of discriminatory treatment. It
would be said that "the unity of higher edu-
cation" was threatened. If grants are pro-
posed for both private- and church-related
institutions of higher education serious ob-
jection could be expected to be heard from
a broad spectrum of the American public
which holds, with sincere conviction, that
such a course in all probability would be
repugnant to the first amendment of the
Constitution. Furthermore, the claim
could be made, and with considerable justi-
fication, that if such benefits were to be
conferred upon -both public and private
institutions of higher education, then in all
equity equivalent benefits should be made
available to the nonpublic or church-related
secondary and elementary schools. I am
aware that there are those who would at-
tempt to draw a strict distinction between
elementary and secondary education on the
one hand and higher education on the other,
based upon the criterion of compulsory at-
tendance. While I am cognizant of this line
of reasoning, I find it personally very dif-
ficult thus to segmentize the Constitution.
I have no doubt, however, that interest-bear-
ing loans can meet the constitutional test,
and that, as indicated by testimony, such a
loan program would meet a current and
pressing financial need of many institutions
for instructional facilities. I suspect that
present legal barriers under State law would
be-quickly overcome if the loan money were
to be made available.
With respect to the grants contained in
S. 1241 for the encouragement of junior
.college construction, I would point out the
testimony presented to us indicated that
publicly controlled community colleges are
expanding in 41 States. In the fall of 1959,
tional security and because of all the
problems involved, I object.
I say to the distinguished majority
leader that I believe it is quite clear the
nomination of thegentleman will be con-
firmed, but in order to be courteous to
any Senator who is away on a presiden-
tial commission I shall be glad to give,
that gentleman a live pair if I am told
by the majority leader that there is any
Member of that presidential commission
who is a U.S. Senator who wishes to vote
against the nomination of Mr. McCone.
I say now"publicly to the majority leader,
if he will give me his word that man
wishes to vote "Nay" I shall give the Sen-
ator a live pair, but I object to further
postponement of-the vote on the nomi-
nation.
Mr. MANSFIELD. lyir. President, I
-appreciate the courtesy of the Senator
from Massachusetts, and I shall keep his
suggestion in mind. He is always kind
and considerate.
Mr. President, I ask unanimous con-
sent, in view of the request made by our
absent colleague, that the vote on the
McCone nomination be deferred from 2
p.m. on Wednesday next until 2 p.m. on
Thursday next.
Mr. DIRKSEN. Mr. President, I
share the same feeling of distress about
objecting. I know many Members have
made plans contingent upon the vote
coming on Wednesday as originally
scheduled.
I am very reluctant to object. I think
in the interest of the Senate, and the
implied commitments that were made,
I would have to object. I would also
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1962 CONGRESSIONAL RECORD - SENATE 1115
The motion was agreed to; and the
Senate proceeded to the consideration
of executive business.
EXECUTIVE MESSAGES REFERRED
The PRESIDING OFFICER laid be-
fore the. Senate messages from the
President of the United States submit-
ting several nominations, which were re-
ferred to the Committee on the District
of Columbia.
(For nominations this day received,
see the end of Senate proceedings.)
NATIONAL MEDIATION BOARD
The legislative clerk read the nomina-
tion of Francis A. O'Neill, Jr., to be a
member of the National Mediation
Board.
The PRESIDING OFFICER. Without
objection, the nomination is confirmed.
U.S. ARMY
The legislative clerk proceeded to read
sundry nominations in the' U.S. Army.
Mr. ? MANSFIELD. Mr. President, I
ask unanimous'consent that these nomi-
nations be considered en bloc.
The PRESIDING OFFICER. Without
objection, the nominations will be con-
sidered- en bloc; and, without objection,
they are confirmed.
If there be no reports of committees,
the clerk will state .the nominations on
the Executive Calendar.
U.S. AIR FORCE
The legislative clerk proceeded to read
sundry nominations in the U.S. Air
Force.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that these nomi-
nations be considered en bloc.
The PRESIDING OFFICER. Without
objection, the nominations will be con-
sidered en bloc; and, without objection,
they are confirmed.
U.S. NAVY
The legislative clerk proceeded to read
sundry nominations in the U.S. Navy.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that these nomi-
nations be considered en bloc.
The PRESIDING OFFICER. Without
objection, the nominations will be con-
sidered en bloc; and, without objection,
they are confirmed.
U.S. MARINE CORPS
The legislative clerk proceeded to read
sundry nominations in the U.S. Marine
Corps.'
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that these nomi-
nations be considered en bloc.
The PRESIDING OFFICER. Without
objection, the nominations will be con-
sidered en bloc; and, without objection,
they are confirmed.
ROUTINE NOMINATIONS ON THE
SECRETARY'S DESK
THE Afi.MY
The legislative clerk proceeded to read
sundry routine nominations in the Army.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that these nomi-
nations be considered en bloc.
The PRESIDING OFFICER. Without
objection, the nominations will be con-
sidered en bloc: and, without objection,
they are confirmed.
Mr. MANSFIELD. Mr. President, I
unanimous consent that the President be
immediately notified of the confirmation
of all these nominations.
The PRESIDING OFFICER. Without
objection, the President will be notified
forthwith.
DIRECTOR OF CENTRAL
INTELLIGENCE
the nomination of John A. McCone, of
California, to be Director of Central
Intelligence.
Mr. MANSFIELD. Mr. President, it is
my understanding that the Senate is now
in executive session, and that the pend-
ing business is the nomination of John
McCone, of California, to be the Director
of the Central Intelligence Agency.
The PRESIDING OFFICER. The
Senator is correct.
Mr. CLARK. Mr. President, when the
nomination of Admiral Strauss to be
Secretary of Commerce was before the
-Senate for confirmation in- 1959, I pre-
pared a memorandum for my constitu-
ents, in which I stated my reasons for
opposing the nomination. In that mem-
orandum I outlined five characteristics
which I believe any nominee for high
public office should have if the Senate is
to-confirm his nomination for that office.
Those characteristics are, first, integrity;
second, stability; third, good judgment;
fourth, adequate experience; and, fifth,
associations, which of necessity would
involve an inquiry as to whether any
conflict of interest under the statute was
involved.
I should like to discuss the pending
nomination in the light of those stand-
ards. First, however, let me say that
the nomination of Mr. McCone to be Di-
rector of Central Intelligence raises no
issue between liberals and conservatives.
It has nothing whatever to do with parlor
pinks or members of the John Birch
Society.
Those of us who support the President
in practically all of his policies, as I do,
and who with some regret differ with
him on occasion, must nonetheless as-
sure ourselves, in my view, that every
nominee whom he recommends to us
does have those characteristics of which
I speak. I hope that everyone who calls
himself a liberal and everyone who calls
himself a conservative will. measure up
to the same standard with respect to
these five characteristics, because in my
opinion they have nothing whatever to
do with one's political opinions.
I should like to discuss each of the five
characteristics in turn. First, I have no
question as to the integrity of the
nominee. He is a man who has worked
his way to the top of the business com-
munity, with not only consummate abil-
ity but also without any doubt of any
kind being thrown on his honesty and
integrity.
Second, I raise no question as to the
nominee's stability. He has conducted
himself under heavy pressure in an ad-
mirable manner during the course of
both his private and public service.
I do have some question as to the
nominee's experience for this job, and
that point I shall discuss in a moment.
I have no question as to the nominee's
business judgment. Clearly it is good,
for he has made a fortune. I have no
question as to - his judgment when he
served, I believe, under the Secretary of
the Air Force or when he served as
Chairman of the Atomic Energy Com-
mission.
I do have some question as to his
good judgment in terms of this particu-
lar office to which the President has
nominated him. However, I would have
to admit that my views in this regard
must of necessity be speculative, because
we cannot tell until after the event just
how the strongly held views of a nominee -
on certain subjects might well affect his
intelligence judgment-not his intelli-
gence, but his judgment in the field of
intelligence-and how they might or
might not affect the public interest.
I believe that in the area of his asso-
ciations, namely, the conflict-of-interest
statute and its interpretation, there is
very serious legal question as to whether
it is not necessary for him to dispose of
his stock in the Standard Oil Co. of Cali-
fornia or, in the alternative, whether in
his own interest it would not be wise to
do so.
I shall return to that matter a little
later in my speech.
First, I wish to discuss the subject of
experience. The nominee himself has
testified that he had had no experience
for this job.
Perhaps this is not particularly im-
portant. I certainly had no prior expe-
rience before I became city comptroller
of Philadelphia, before I became mayor
of the city of Philadelphia, or before I
became U.S. Senator. I am perhaps ar-
rogant and conceited enough to think
that despite that lack of experience I
was able adequately to fulfill my duties.
Yet the position which the nominee is
to fill upon the nomination of the Pres-
ident is not an elected public office but
an appointed one. I believe a very real
question arises as to whether it is sound
practice to nominate for a position of
this sort a man who heretofore has been
without experience in the intelligence
field.
Certainly this is the first time in the
history of the Central Intelligence Agen-
cy that this has been done.
Mr. SYMINGTON. Mr. President,
will the Senator from Pennsylvania -
yield?
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CONGRESSIONAL RECORD - SENATE January 30
Mr. CLARK. I would be happy to
yield to the distinguished Senator from
Missouri, and yield to him continuously.
I do have a .more or less logical argu-
ment I Should like to present, but I shall
be happy to yield.
Mr. SYMINGTON. I appreciate the
courtesy of the Senator from Pennsyl-
vania.
During the hearings when Mr. Mc-
Cone came before the Committee on
Armed Services, Senator SMITH voted
that all previous nominees had had ex-
perience in the intelligence field. I said
that that statement, to the best of my
knowledge, was incorrect with respect
to General Vandenberg. I was incorrect
in that statement; General Vandenberg
served 6 months, from January to June,
1946, as the head of intelligence on the
General Staff. I am saying this to cor-
rect the record. As- usual, the able
senior Senator from Maine knows her
facts.
Mr. CLARK. I appreciate what the
Senator from Missouri has said. Gen-
eral Vandenberg was never Director of
the Central Intelligence Agency, be-
cause that office was not created until
1947; and whatever intelligence duties
General Vandenberg performed must, I
believe, have been before the present
statute.-
Mr. SYMINGTON. General Vanden-
berg was the head of the Central Intel-
ligence Agency, to the best of my mem-
ory, after Admiral Souers and Admiral
Hillenkoetter. The point I wished to
make was that General Vandenberg did
have some intelligence experience.
In my opinion, no one could have been
Under Secretary of the Air Force, which
Mr. McCone was at the request of a
Democratic President, without having
obtained much experience in the intel-
ligence field. No one could be chairman
of the Atomic Energy Commission, per-
haps the most sensitive position in the
Government from the standpoint of in-
telligence except the CIA, without ac-
quiring at least some experience in the
intelligence field.
The nature of the positions which Mr.
McCone, has held under three Presi-
dents-because actually he has been
running the Central Intelligence Agency
now for 2 months-I think justifies my
position.
-I now find that General Vandenberg
was head of Central Intelligence before
that agency became a statutory agency.
He followed Admiral Souers and pre-
ceded Admiral Hillenkoetter.
The Senator from Pennsylvania is cor-
rect in saying that the Central Intel-
ligence Agency was not a statutory
agency until 1947.
Mr. CLARK. I thank the Senator
from Missouri.
- I resume my argument with the sug-
gestion that since the Central Intelli-
gence Agency was organized by statute,
each of the three men who have been
its chief has had substantial experience
in the intelligence field before he became
Director. The first of those men was
Rear Adm. Roscoe Hillenkoetter, who
served from May 1, 1947, and was the
first statutory Director of the CIA. The
second was Lt. Gen. Walter Bedell Smith,
who served from October 7, 1950, to Feb-
ruary 9, 1953. The third was Mr. Allen
Dulles, who served from February 26,
1953, to November 29, 1961.
My position would be that any mem-
ber of the Armed Forces of the United
States of necessity, from the time he
has gone through Annapolis or West
Point, or whatever preliminary school
he attended to qualify him for a com-
mission in the Armed Forces, has an
almost gaily contact with intelligence,
the collection, evaluation, and dissemi-
nation of information; and in most
cases-and I think this is true of the
members of the Armed Forces who served
in this capacity as Director of the CIA-
has, in one or another of his assign-
ments, been in charge of the intelligence
function, with whatever staff or com-
mand he might have been serving.
Mr. Dulles, as is well known, served for
2 years as Deputy Director of the Cen-
tral Intelligence Agency before he be-
came Director; and before that had had
a long careerin various most important
offices affecting our foreign policy, our
relationships with other countries, and
the whole problem of the intelligence
function, which involves, as I say, the
collection, evaluation, and dissemination
of information.
I do not quarrel much with the views
of the Senator from Missouri in this
regard. I should merely like to read into
the RECORD a question asked at the hear-
ings by the distinguished senior Sena-
tor from Maine [Mrs. SMITH], and the
nominee's reply, as they appear on page
53:
Senator SMITH. It is my recollection, Mr.
McCone, that all of your predecessors had
some prior training or experience in the
field of intelligence prior to their appoint-
ment as Director of the Central Intelligence
Agency. Will you tell the committee what
training or experienceyou had in the field
of intelligence prior to your appointment to
that- position?
Mr. McCoNE. None.
The Senator from Missouri [Mr.
SYMINGTON] may well be correct in say-
ing that Mr. McCone was unduly mod-
est; that in his capacity as Under Sec-
retary of the ? Air- Force and as Chair-
man of the Atomic Energy Commission
he acquired adequate experience. But
apparently the nominee himself thought
otherwise.
While I think it unfortunate that for
a position which the distinguished
senior Senator from Georgia '[Mr. Rus-
SELL] described, perhaps correctly, as
second in importance only to that of the
President of the United States, the
President of the UnitedStates has seen
fit to nominate an' able - businessman,
who himself says he has no experience
in this field, I may also say, along the
lines of the speech of the distinguished
junior Senator from Minnesota [Mr.-
MCCnsTHY] yesterday that if this were
the only, matter in which the nominee
was deficient-the only one of the five
categories to which I referred before-
I doubt that I would, on that ground
alone, feel compelled to oppose the
nomination.
Before I discuss the two areas in which
I have serious reservations respecting the
nominee-first, the objectivity of his
judgment and, therefore, whether his
judgment in the intelligence field will
be good; and, second, the conflict-of-
interest question-I shall digress for a
moment to discuss what is the nature
of the position to which the nominee
has been appointed by the President,
subject to confirmation of the nomina-
tion by the Senate. If one is to review
the statute under which this agency was
created, he does not get much guidance
as to the actual workings of the job. Yet
I think that in an empirical sense we
who have been around Washington for
awhile could summarize the job by say-
ing that it consists of three- parts: First,
a substantial job of collecting, evaluat-
ing, and disseminating information with
respect both to matters of foreign policy
and of national security; second, the job
of coordinating the collection, evalua-
tion, and dissemination of information
of an intelligence nature by others, such
as the intelligence systems of the Army,
the Navy, and the Air Force-and there
are others, which need not be brought
out in this debate; third, the operation
of covert enterprises, colloquially known
around Washington as the "Department
of Dirty Tricks."
This is a function which we are told
has been engaged in by governments
since the beginning of civilization, and
perhaps even before then. It is a func-
tion which we are told is absolutely nec-
essary to our national security. It is a
function in which the ordinary rules of
right and wrong, of morality, of fair
conduct between men and between na-
tions, go by the board. It is a rather
sad function. It is more or less a denial
of all of the attributes of man in which
we take the greatest pride. It is a func-
tion which most of us are most reluctant
to see our Government engage in. I
think almost every Member of this body
would hope that it would not be neces-
sary in the national interest to engage
in the work of this "Department of
Dirty Tricks." Yet I am not advocating
that we no longer - conduct such covert
operations, whether in connection with
the elimination of an unfriendly govern-
ment in Guatemala-in the hope that
our role would not be discovered; or in
the conduct of undercover operations in
the Middle East, with the assistance of
oil companies, in order to try to hold the
Middle Eastern oil for the West and to
prevent the taking of adverse action by
various Arab and Mohammedan gov-
ernments who occupy territory in that
area; of whether it be the overthrow of
Mossedegh, in Iran; or the conduct of
covert operations in southeast Asia. All
of these actions may be necessary in the
national interest; I do not say they are -
not. What I do say is that, first, the
President, and, second, the Secretary of
State, and, third, at least some Mem-
bers of Congress-and Congress has the
power to declare war-should have
knowledge in advance and should be kept
currently informed as to what the "De-
partment of Dirty Tricks" has up its
sleeve. The last and most notorious -in-
cident of that kind was, of course, that
in Cuba. -
It was said by the nominee and, in-
deed, by others in the course of the hear-
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CONGRESSIONAL RECORD -SENATE 1117
ings-and, in fact, it has been empha-
sized-that the *Director of the Central
Intelligence Agency plays no part in the
making of policy. This may well be
true with respect to his primary func-
tion, which is the collection, evaluation,
and dissemination of intelligence; or
with respect to his secondary function,
which is the coordination of that work 4
with the work of other agencies of the
Government and private interests. But
I suggest that with respect to covert op-
erations, the Director of Central Intel-
ligence does make policy, and it is a
policy which may affect the lives and the
wealth of many Americans.
Mr. President, in this connection I
should like to quote from page 42 of the
hearings before the Armed Services
Committee, where the nominee said:
As I said, from the standpoint of my com-
petence in office, it is my responsibility to
report facts, and, furthermore, I think I
should avoid, so far as possible, being drawn
in on a personal basis into any policy dis-
cussions because that, to an extent, may have
some effect on what people, the validity that
people might attach to the facts.
However, I would expect that because of
the various areas of activity that I have had
in Government in the past, that maybe my
personal opinion may be asked on some
subjects. But in my role as Director of Cen-
tral Intelligence, it would be beyond my
competence to deal with policy. .
Mr. President, I suggest that high
policy was involved in the activities of
the Central Intelligence Agency in each
of the areas to which I had previously
referred; and I am afraid it may be in-
volved in the future. I hope it will not
be; I hope the nominee will stick to the
letter of what I have just cited as his
view of the functions of his office, be-
cause if we are going to engage in these
covert operations, they should never be
started without the approval of the
President and the approval of the Sec-
retary of State; and the. President and
the Secretary of State should be kept
advised constantly as to the progress of
those operations, so they could call them
off or could change direction at any time
if it appeared to be in the national inter-
est to do so. I feel very strongly, too,
that under our constitutional system-so
different from that of parliamentary
countries-it is of the greatest impor-
tance that these covert operations be
revealed on a classified basis in executive
session, if necessary, or by private con-
versations to important Members, on
both sides of the aisle, of both the House
and the Senate.
So I have some doubts as to whether
the nominee has the temperament, the
background, and the kind of mind which
qualify him not only to conduct these
covert operations-which I say have be-
come in the past, but I hope will not
continue to be in the future, matters of
policy-but also with respect to the daily
reporting to the President of his evalu-
ation of the intelligence which has been
collected by the Agency and all other
agencies over which he either presides
or whose activities he coordinates.
This leads me to another subject,
which is the future organization of the
Central Intelligence Agency. The
nominee told the committee that he had
in mind a reorganization of the CIA. For
that, I commend him. I suspect-al-
though I do not know-that it. is badly
needed. I would hope very much that
covert operations would be separated ad-
ministratively from the collection and
evaluation function. In my judgment,
those covert operations should be di-
vorced from the responsibility of the ob-
jective, judicially minded individual who
should be the head of the CIA.
I would like to see a far tighter rein
kept in the future than has been the
case in the past with respect to these
covert operations.
Perhaps it was quite appropriate for
the nominee to be unwilling to reveal to
the committee, at least in open session,
what his reorganization plans are; but
I would hope that when he is confirmed-
,and I have no doubt he will be con-
firmed-he will do what he said he was
going to do and tell the appropriate
Members of the Senate who should know
about these things-and they are not all
on the Armed Services Committee, by
any means-just what he has in mind
with respect to that reorganization, and
seek, if not their consent, at the very
least their advice.
I turn now to the last of my digres-
sions, which is the question of the re-
sponsibility for the supervision of the
Central Intelligence Agency by the Con-
gress of the United States.
It was said in the hearings that the
Armed Services and the Appropriations
Committees of the Congress do exercise
a certain supervision over the activities
of the CIA. I am in no position to say
whether that supervision is adequate or
not. I merely raise the question as to
whether a far deeper probing and a con-
tinuous probing into the activities of that
Agency is not only a part of the con-
gressional duty, but also in the national
interest. It is true that the Armed
Services Committee has handled Central
Intelligence matters since the act was
passed in 1947. I question whether, so
far as congressional supervision is con-
cerned, there is not a much. stronger
case to be made for having the oversea
intelligence functions under the Foreign
Relations Committee than under the
Armed Services Committee.
I am seriously concerned at the
growth in our country, during the last
year or two, of a certain militaristic at-
titude toward the conduct of our foreign
affairs. I am concerned that we tend to
become unduly emotional in our conflict
with communism-and a serious conflict
it is. I feel we tend to deal with it in
terms of a holy war, just as that which
took place for 700 years between the
Mohammedans and the Christians, or
that which racked Europe in the 17th
century as a result of the war between
Catholics and Protestants.
I fear that we do not look objectively
and calmly at negotiations looking to-
ward peace, at the possibility of dis-
armament, at the possibility of the
strengthening of the United Nations in
the interest of peace, at the possibility
of following out the President's sound
premise for total and complete disarma-
ment, under enforcible world law, laid
down in his magnificent speech before
the United Nations on the 25th of
September.
What does all this have to do with the
nominee, one may ask? I think it has
just this to do with it. As someone said
during the course of the hearings, or in
one of the speeches-I guess it was the
junior Senator from Minnesota-prob-
ably with reference to one of the execu-
tive agencies which from time to time
looks at the CIA, the surveillance and
supervision by Congress which has here-
tofore been given to the conduct of the
operations by that Agency has been more
in the nature of the polite inquiries of a
visiting committee of alumni looking into
the English department of the university
from which they graduated than the
kind of pretty tough supervision which
the committees of this body give to a
number of the other agencies of our
Federal Government.
Again I say, Mr. President, I am in no
position to make a categorical statement
in this regard. I merely suggest to our
colleagues and, through the CONGRES-
SIONAL RECORD, to the country, that this
is a matter deserving of far greater con-
sideration than we are able to give to it
in connection with the consideration of
this nominee.
I hope very much, once this nomina-
tion is out of the way, the appropriate
committees of the Congress will not for-
get this matter, but will undertake, in
consultation with the nominee when he
becomes the Director of Central Intel-
ligence, to see what can be worked out
together to assure adequate supervision
of an agency which, in its very nature,
is very difficult indeed to supervise with-
out the revelation of important facts
and operations, which revelations might
well not be in the national interest.
Mr. McCARTHY. Mr. President, will
the Senator yield?
Mr. CLARK. I shall be happy to yield.
I told the Senator from Louisiana I
would like to finish my speech. I yielded
to him once. I shall be happy to yield
to the Senator, but I shall not be too
long.
Mr. McCARTHY. The legislation un-
der which the Central Intelligence
Agency was established describes it
purely as an executive agency and pro-
vides for a report to the National Secur-
ity Council. There is no provision in the
law which requires a report to any com-
mittee of Congress, and the report, or
what is described as a report, to the
Armed Services Committee is incidental
and is not a matter of determination for
Congress, and not a matter of determin-
ation of law itself. It is not necessarily
arbitrary, but is a choice which is made
by the executive agency itself. It is not
under any direction by the Congress.
The only legislative control exercised
under statute is the incidental one which
arises from the fact that every execu-
tive agency must come at some time to
Congress for appropriations; but in most
cases requests for appropriations come
before the act, which is couched in very
general terms, and after the act the
power of the Appropriations Committee
to determine action is of very little sig-
nificance, as the Senator knows.
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CONGRESSIONAL RECORD -SENATE January. 30
--Mr. CLARK. , The Senator is quite
correct.
I call to his attention and to the at-
tention of our colleagues subsection (c)
of rule XXV of the Standing Rules of
the Senate, which deals with the func-
tions of the Committee on Armed Serv-
ices. One will read through that sub-
section and look in vain to find a single
peg on which to hang one's hat to ascer-
tain that the Armed -Services Committee
has the slightest jurisdiction over the
agency or intelligence generally; where-
as, if one turns to subsection (i) of the
same rule XXV, he will find that, under
the functions of the Committee on For-
eign Relations, the very first subsection
is: "Relations of the United States with
foreign nations generally"-the report
upon which relations, indeed, is the
principal function of the Central Intelli-
gence Agency.
I would hope that the leadership on
both sides of the aisle would give some
consideration to whether the jurisdic-
tion of this agency should not be moved
under the Foreign -Relations Committee.
I would also hope that the Committee
on Government Operations would under-
take a very careful investigation of the
Central Intelligence Agency in the very
near future for the purpose of assessing
the effectiveness of its operations; the
extent to which it should be reorganized,
if at all; and to look very carefully into
thee question as to whether the "Depart-
ment of Dirty Tricks" or covert opera-
tions should be separated from the in-
telligence -governing functions which,
without adequate background to make a
considered judgment, I am presently of
the view should be done.
I return, Mr. President, to the question
of whether the nominee meets those last
two characteristics to which I referred
in the beginning of my remarks. First is
the question of good judgment. My view
on that is one which. cannot possibly be
sustained by a factual argument. I only
say that in my opinion the Director of
the Central Intelligence Agency should
be a man of judicial temperament, a
man who can weigh facts and law and
opinion, correctly evaluate them, and
state tersely and clearly the conclusion
which results as he looks at different
views.
Allen Dulles was a lawyer, but he was a
man of great judicial temperament. He
was objective. He was dispassionate.
Perhaps he was not the world's greatest
administrator, and I am sure he would
be the first to admit he was not, but he
was a man whose calm, cool, and con-
sidered judgment was entitled to the
greatest of respect.
I raise the question as to whether
Mr. McCone-able, intelligent, honest,
stable=is a man of judicial tempera-
ment. I suspect that he is not. I am
not, myself. -I am an advocate. - I be-
lieve in causes. I am convinced that
peace and disarmament is the most im-
portant issue before the world today. I
admit I.cannot assess that problem with
the calm, dispassionate objectivity which
is desirable.
Mr. McCone is said to believe we
should immediately resume nuclear test-
ing in the atmosphere. He has believed
this for some years. He opposed the
moratorium. He feels it deeply in his
bones. He has said so vigorously. I
honor him for that opinion. As time
goes on, it is becoming apparent that
perhaps he is right. I do not think he
was right in the first instance, but this is
a matter of opinion. After all, when one
finds one's self in the present situation,
with the Russians refusing even to ne-
gotiate any further, with the possibility
of the national security involved, per-haps he is right now.
My real question is, Will not that
-strong, honestly held conviction not
only about this question alone but also
about a score of other matters, inevitably
and perhaps subconsciously affect the
objectivity and the validity of the evalu-
ation of intelligence he will give to the
President of the United States? If there
is even a suspicion that this will be the
case, should his nomination be confirmed
for. this position?
I have said to my friend from Missouri
[Mr. SYMINGTON] privately, and I say
it now publicly, that I should have been
glad to support Mr. McCone to be Secre-
tary of Defense or Secretary of the Army
or Secretary of the Navy or Secretary
of the Air Force, but I have very serious
doubts as to -whether a man of the
temperament of an advocate is the
proper kind of man to hold this most
important position, in which judicial
objectivity is of the highest importance.
Finally, Mr. President, I turn-and
somewhat reluctantly-to the question
of conflict of interest. I am not one
who believes that our present conflict-
of-interest laws are either wise or sound.
I think they should be drastically re-
vised in the interests of making it easier
for able men from the business com-
munity and, for that matter, from our
great labor unions, to come to Washing-
ton, D.C., and to serve the Government
without having to be put on the gridiron
with respect to theoretical conflict-of-in-
terest considerations. I do say that as
long as those laws are on the statute
books they should be enforced, and in
this instance I have a serious doubt
amounting almost to a conviction that
the holdings by Mr. McCone of over a
million dollars' worth of stock of the
Standard Oil Co. of California is
both a legal violation of the conflict-of-
interest laws but also a very unwise
holding for him to continue. I hope
very much that within the near future
he will divest himself of that stock, not
by putting it in an irrevocable trust in
which he and his family will continue
to have an. economic beneficial interest
from the holding, but by divesting him-
self of it by sale. This will be a sacrifice.
This will cause him to pay a substantial
tax. This will be perhaps unfair. How-
ever, if a man wishes to delve into the
tortuous politics of the Middle East,
where the relationships of the United
States with the countries of Saudi Ara-
bia, Jordan, Kuwait, Iraq, and Iran are
concerned; if he wishes to inject himself
into the tortuous politics of Castro-
ism and his efforts to take over demo-
cratically elected governments in Latin
America, such as Venezuela; then he
should not have a substantial interest
in any oil company, which inevitably is
deeply involved in both the politics and
economics of those countries.
I note parenthetically that the Armed
Services Committee required Mr. Mc-
Namara to divest himself of his substan-
tial stockholdings before recommend-
ing the confirmation of his appointment
to the Office of -Secretary of Defense a
year ago, and the committee did not
think Mr. McNamara's offer to place his
stock in an irrevocable trust removed
the conflict of interest.
I shall read into the RECORD a couple
of excerpts from a memorandum fur-
nished to me, at my request, by the legis-
lative counsel which appears in full in
the RECORD of January 29, 1962, at page
973.
First I refer to section 434 of title 18,
United States Code, which deals with
"interested persons acting as Govern-
ment agents" and provides:
Whoever, being an officer, agent or mem-
ber of, or directly or indirectly interested in
the pecuniary profits or contracts of any cor-
poration, joint-stock company, or business
entity, is employed or acts as an officer or
agent of the United States forthe transac-
tion of business with such business entity,
shall be fined not more than $2,000 or im-
prisoned not more than two years, or both.
That statute was recently interpreted
very broadly by the Supreme Court of
the United States in one of the cases aris-
ing out of the Dixon-Yates transaction,
United States v. Mississippi Valley Gen-
erating Company (364 U.S. 520), in
January of 1961. 1 shall read a couple
of excerpts from the opinion of the
Court:
The moral principle upon which the
statute is based has its foundation in the
Biblical admonition that no man may serve
to masters, Matthew 6: 24, a maxim which
is especially pertinent if one of the masters
happens to be economic self-Interest. Con-
sonant with this salutary moral purpose,
Congress has drafted a-statute which speaks
in very comprehensive terms.
I paraphrase to say that the section
is not limited in its application to Gov-
ernment agents who have a direct fi-
nancial interest in the business entities
with which they negotiate on behalf of
the Government, or to a narrow class of
business transactions. I resume the quo-
tation :
Nor is the statute's scope restricted by
numerous provisos and exceptions, as is true
of many penal statutes. Rather, it applies,
without exception, to whoever is directly or
indirectly interested in the pecuniary profits
or contracts of a business entity with which
he transacts any business as an officer or
agent of the United States.
It is also significant, we think, that the
statute does not specify as elements of the
crime that there be actualcorruption or that
there be any actual loss suffered by the Gov-
ernment as a result of the defendant's con-
flict of interest. This omission indicates
that the statute establishes an objective
standard of conduct, and that whenever a
Governmentagent fails toact in accordance
with that standard he is guilty of violating
the statute, regardless of whether there is
positive corruption. The statute is thus
directed not only at dishonor, but also at
conduct that tempts dishonor. This broad
proscription embodies a recognition of the
fact that an impairment of impartial judg-
ment can occur in even the most well-mean-
ing men when their personal economic in-
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1962 CONGRESSIONAL RECORD -SENATE
terests are affected by the business they
transact on behalf of the Government. To
this extent, therefore, the statute is more
concerned with what might have happened
in a given situation than with what actually
happened. It attempts to prevent honest
,Government agents from succumbing to
temptation by making it illegal for them to
enter Into relationships which are fraught
with temptation.
Then as the legislative counsel re-
viewed this case and the statute in sub-
stantially greater detail, he stated:
The language of the court suggests that
certainty of financial gain is not a necessary
element of section 434, but that a substan-
tial probability of such gain will suffice un-
der that section. Indeed, the court in its
technical holding held if a Government agent
may benefit financially from his transactions
he violates the statute.
In conclusion the legislative counsel
points out:
if Mr. McCone were to serve as Director
of the CIA, section 434, of title 18, United
States Code, could have no application un-
less, during his incumbency, the CIA did in
fact have business transactions with one or
more of the companies in which he then had
a financial interest.
And again:,
If in his capacity as Director of the CIA
Mr. McCone were to participate on behalf
of the Government in a business transac-
tion with a company in which he is finan-
cially interested and from which he might
realize financial gain, the provisions of sec-
tion 434 would become applicable whether
or not Mr. McCone believed his actions to
involve a conflict of interest.
Finally, the legislative counsel said:
The decision in Mississippi Valley sug-
gests that the giving of approval to a con-
tract negotiated by others probably would
be regarded as such a participation. What
other forms of action taken by a Govern-
ment officer with respect. to a 'contract which
may be regarded as participation remains
undecided.
I turn now to the brief provisions deal-
ing with conflict of interest which have
been adopted by the CIA itself. Let me
say that I have been reliably informed by
my friend the Senator from Missouri
[Mr. SYMINGTON], who is present in the
Chamber, that the nominee did not know
that these regulations of the Agency
existed at the time he appeared before
the Committee on Armed Services.
Mr. SYMINGTON. Mr. President,
will the Senator yield?
Mr. CLARK. I am happy to yield.
Mr. SYMINGTON. It does not make
any difference whether or not the nom-
inee knew, because he did exactly the
same thing before the Senate Commit-
tee on Armed Services this time that he
did the last time when he appeared be-
fore the Joint Committee on Atomic
Energy. Both times he offered to do
anything the committee thought proper
with his securities.
It cannot be construed as a criticism
of the nominee that he does not handle
his securities in accordance with the
wishes of the Senator from Pennsyl-
vania. The criticism should be lodged
against the members of the Committee
on Armed Services.
Mr. CLARK. Mr. President, I return
to my quotation from the regulations of
the Central Intelligence Agency dealing
1119
with the conflict-of-interest question. that that will be the condition in the im-
They were printed in the January 29 is- mediate future, for I see no immediate
sue of the CONGRESSIONAL RECORD at page hope for the pacification of that unhappy
974, at the bottom of the third column. area of the world; nor do I think it likely
I repeat them now: that in the years immediately ahead we
(b) Conflicts of Interest. will, be able to avoid the type of covert
1. Definition. A conflict of interest is de- operation in that area which I personally
fined as a situation in which an Agency em- very much regret but which in all likeli-
ployee's private interest, usually but not hood is in the national interest.
necessarily of an economic nature., ..
And I stress that language-
conflicts or appears to conflict-
I stress that language also-
Accordingly, Mr. President, because I
am of the view that the nominee by tem-
perament is not qualified to hold a job
calling for a judicial temperament rather
than that of a protagonist or d
a
t
oc e,
a
with his Agency duties and responsibilities.
because I am concerned about his views
The situation is of concern to the Agency toward peace in the world and concerned
whether the conflict is real or only apparent.
(c) Financial Interests. Employees may by his apparent view that there is little
not (a) have direct or indirect financial in- immediate chance of achieving it, and
terests that conflict substantially, or appear that sole reliance on military strength
to conflict substantially, with their respon- is a better policy-and in this, to be sure,
sibilities and duties as Agency employees. I am paraphrasing, because I have no
Mr. President, I now state briefly for quotations, and I may be doing the
the RECORD the facts gleaned from the nominee an injustice, although cer-
hearings before the Committee on Armed tainly in his public record he is one
Services with respect to the stockhold-
ings of the nominee. These, too, appear
in the January 29 RECORD at page 978,
the first column:
Mr. McCone stated that he owned a little
in excess of $1 million of stock in Standard
Oil of California. He stated that the com-
pany had "extensive reserves in Arabia arld
in the offshore island in the Persian Gulf of
Bahrein, and also extensive reserves in Su-
matra, and Venezuela."
Standard Oil of California is one of the
four companies which makes up the Arabian-
American Oil Co. (Aramco), along with the
Texas Co., Standard Oil of New Jersey and
Mobil Oil. Aramco, according to Mr. Mc-
Cone, does have relationships with the gov-
ernments of Arabia and Bahrein.
I interpolate the note that Standard
Oil of California in its August, 1961,
report to stockholders, lists Mr. McCone
as owning 18,318 shares, and as receiv-
ing 915 additional shares by way of stock
dividend. The total value of 19,233
shares, according tq New York Times
listing for the $54.25 closing price of
Standard Oil of California on the New
York Stock Exchange yesterday, is
$1,043,390.25.
Mr. President, I shall not deal in spec-
ulation. I shall not deal in published
articles of syndicated columnists. I
merely say that I think every well-in-
formed American knows that the Ameri-
can oil companies are deep in the politics
of the Middle East. We know also that
the Central Intelligence Agency is deep
in the politics of the Middle East. It is
inconceivable to me that the Central In-
telligence Agency representatives in the
Middle East should not be in constant
contact, with the representative of the
American oil companies in that area.
It may well be that sometimes the in-
kind of policy which in my judgment
represents the greatest chance of
peace to our country; and finally, be-
cause I have come to the conclusion that
his holding of stock in the Standard Oil
Co. of California violates the law with
respect to conflict of interest, I must re-
gretfully oppose the nomination.
Mr. PELL. Mr. President, I rise to
congratulate the Senator from Penn-
sylvania [Mr. CLARK] on his articulate,
well-thought-out and brilliant speech.
Although I intend to vote for the con-
firmation of the nomination of Mr. Mc-
Cone, I believe that the Senator from
Pennsylvania and the Senator from Min-
nesota [Mr. MCCARTHY] have, made-a
very real contribution to our understand-
ing of the problem of the Central In-
telligence Agency by the ventilation
furnished by this debate.
I was particularly struck by the ref-
erence made by the Senator from Penn-
sylvania to the 'fact that he had little
doubt as to Mr. McCone's ability, and
that what was most important were the
plans with regard to the organization
of the CIA, which apparently is in very
great need of reorganization.
I believe there are three areas of pos-
sible reorganization. The first was
brought out by a picture which was
printed in the January 14 issue of the
Washington Post, which showed the Cen-
tral Intelligence Building. An intern in
my office counted the number of windows.
There are 2,500 windows alone In the
building, Mr. President. That fact
would indicate that a very helpful start
in its reorganization would be a reduc-
,
terests of the oil companies and the ator from Pennsylvania has suggested,
interests of the Central Intelligence would be the separation of intelligence
Agency are not in accord, although most collection from the operations. Here,
of the time they are. It has been widely too, in the field of intelligence collec-
alleged-and I have no way of knowing tion, there should be a further separation
whether it is true or not-that in many of covert collection of intelligence from
instances the oil companies have been `Vert research and analysis.
helpful to the Government of the United Third, Mr. President, I hope that
States, and no doubt to themselves also, the watchdog committee proposed by the
in making arrangements for the Middle Senator from Minnesota [Mr. Mc-
Eastern kingdoms and sheikdoms which CARTHYI may in fact come into being as a
involve business transactions covering result of the debate on the nomination
large sums of money. I have no doubt because-although I am misquoting Lord
The second reorganization
as the Sen-
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1120
Acton-absolute power corrupts abso- MEMORANDUM ON CoxmcrS Or INTEREST
lutely, but unwatched absolute power 1. We have reviewed the list of Mr. Mc-
corrupts even more absolutely: Cone's financial holdings which is attached
Mr. SYMIINGTON. Mr.' President, I hereto.
join the Senator from Rhode Island in 2. Stock ownership as such is not barred
saying I too have been interested to hear by the conflict-of-interest statutes. The
problem arises only if a person with pe-
those constructive elements in the pre- cuniary interest in a company acts as an
sentation which has been made this officer or agent of the United States in the
afternoon by the Senator from transaction of business with that company
Pennsylvania. (' 8 U.S.C. 434) . The Assistant Attorney Gen-
Now back to the subject at hand. Mr. eral's memorandum to the assistant to tlye
McCone believes, along with others, that President in connectionwith Mr. McCone's
the way to maintain peace is to stay- proposed appointment to the Atomic Energy
strong so we can stay free Commission stated that the mere coinci-
dence of Mr. McCone's employment as Chair-
The man of the Commission and the formation of
on the personalities of Mr. Dulles and a contract between the company and the
,- - M
. M C ne
c o
l
judicious a temperament as Mr. Dulles
and-I respect them both.
The question of whether we should or
should not take the CentralIntelligence
Agency away from the Armed Services
Committee should not develop into
criticism of how Mr. McCone will per-
form his job.
I have a short memorandum about
conflict of interest and McCone's posi-
tion.
The conclusions of the memorandum
submitted to Senator Clark by Mr. Hugh
C. Evans, Assistant Counsel, Office of
Legislative Counsel, are that there will
be a conflict oX interest if:
One. While Mr. McCone is Director of
CIA, the agency had business trans-
actions with one or more of the com-
panies in which he has, at the same time,
a financial interest;
Two. In his capacity as Director, Mr.
McCone were to participate on behalf of
the Government in a business trans-
action with a company in which he has
a financial interest and from which he
might realize financial -gain.
If either of the above events were to
occur, there would be a -conflict of
interest.
Prior to the assumption of office, Mr.
McCone submitted to the General Coun-
y
ve
Commission would not invo
in a violation of section 434. In this connec-
tion they cited ~n opinion by Acting-Attor-
ney General Rogers of August 5, 1957, in con-
nection with the appointment 'of Mr. Mc-
Elroy as Secretary of Defense. - In this memo-
randum Mr. Rogers stated: "Although per-
sonal action on the part of the Secretary
might pose a serious conflict-of-interest
problem under section 434, I know of no
judicial decision suggesting that the exist-
ence of ultimate official responsibility for all
the activities of a department constitutes
per se the 'transaction of business' within
the meaning of - section 434. Moreover,
neither the express language of the section
nor its legislativehistory are indicative of
such a result."
3. I have had the companies shown on the
list of Mr. McCone's holdings checked by the
appropriate components of the Agency. We
have no business negotiations or contracts
within the meaning of section 434 with any
of them. We have in the past had research
and development and procurement contracts
with one company, but at the present time
we aremerely following certain programs be-
ing carried out by the company for possible
future interest.
4. I am of the opinion, therefore, that no
question of conflict of interest arises out of
the financial holdings of Mr. McCone. I have
discussed this with the Assistant Attorney
General, Office of Legal Counsel, Department
of Justice, and he concurred in my opinion.
LAWRENCE R. HOUSTON,
General Counsel.
personal holdings so they could be re-
viewed.
As indicated, after thorough review,
by the Agency general counsel and ap-
proval by the Attorney General's office,
it was concluded that no conflict of in-
terest was involved.
A Member of this body told me he felt
this opinion of the counsel of the Central
Intelligence Agency was weak. - The
memorandum does not read weak to me.
But to satisfy myself, I talked to the gen-
eral counsel of the Agency concerning
the question, and asked him:
Mr. Houston, some of my colleagues feel
that the memorandum on conflicts of in-
terest, which you wrote as of January 15
with respect to Mr. McCone's financial hold-
ings, is weak..
It seems to me that it is a- statement
which says that he does not have a conflict
of interest. Would you be good enough to
let me know how you feel about it?
Mr. Houston dictated this reply:
While the memorandum necessarily dis-
cusses in detail the statutory restrictions
on conflicts of interest, in writing it we took
consideration all Agency policies and regula-
tory issuances, and in addition the overall
position of the Director of Central Intelli-
gence, and I felt that no aspect of these
considerations presented a conflict of inter-
est, and the memorandum so concludes.
I still believe this is the correct con-
clusion.
Let me say again that if there is any
difference, it is a -difference with the
Armed Services' Committee, because Mr.
McCone has agreed to handle his hold-
ings as the committee believes desirable.
Mr. President, I yield the floor. -
Mr. SMATHERS. Mr. President, I
have carefully read the hearings before
the Committee on Armed Services on the
nomination of John A. McCone to` be
Director of Central Intelligence, and
have concluded that in the light of his
background and wide range of experi-
ence in positions of high public trust
under both Democratic and Republican
administrations, that the people of the
United States are indeed fortunate to
obtain his services once again.
Mr. McCone's outstanding qualifica-
tions, his tested ability and unquestion-
able character are matched by few men
in public service. There is no question
in my mind but that he will carry out
his responsibilities with the same degree
of distinction and honor in which he has
performed in past positions of high pub-
lic trust.
The -President of the United - States is
to be congratulated on selecting an indi
eel of- the CIA for examination a list of Mr. SYMINGTON. Mr. President, the
his financial holdings, to determine if Senator from Pennsylvania [Mr. CLARK]
any conflict of interest existed. The placed in the RECORD excerpts from the
General Counsel of the CIA submitted to Central Intelligence Agency's rules on
Mr. McCone a written opinion, stating employee conduct, dealing with conflict
that no conflict of interest could be of interest. This regulation on employee
found on the basis of his holdings; that conduct was issued pursuant to the re-
the Agency had no contracts with any quirements of Executive Order No. 10939,
of the companies in which Mr. McCone in which the President directed each de-
owns stock; and that, under existing partment and agency head to review and
statutes and regulations, no conflict-of- - issue internal directives appropriate to
interest situation existed. his department or agency to assure the
As Mr. McCone testified at page 44 of maintenance of ethical and moral stand-
the hearings, this entire matter was re- ards therein. The agency regulation
viewed with the Assistant Attorney Gen- thus issued on August 29, 1961, was de-
eral, Office of Legal Counsel, Depart- signed to acquaint employees and super-
ment of Justice, who concurred in the visors with proper standards of conduct
opinion of the General -Counsel of the and to encourage the bringing forward
CIA. of all situations, even though they might
Mr. President, I ask unanimous con- only apparently involve conflicts of in-
sent to have printed at this point in the terest. It was intended that there be
RECORD the memorandum of January 15, full and careful review of any potential
1962, entitled "Memorandum on Con- situations involving conflict of interest,
flicts of Interest," having to do with Mr. to determine necessary actions to be
McCone's financial holdings, signed by taken if any such situation did exist.
the General Counsel of the Central In- Mr. McCone followed that procedure
telligence Agency. by submitting to. the agency, shortly
There being no objection, the memo- after his nomination to the Office of
randum was ordered to be printed in the Director of Central Intelligence was an-
RECORD, as follows: - nounced by the President, a list of his
tions for this important and sensitiv
post of high public trust.
AMERICA AND THE SUPERPATRIOTS
Mr. McGEE. Mr. President, I invite
the attention of Senators to a letter
written to the editor of the Sheridan,
Wyo., Press. The letter was written by
Mrs. Edna Stewart, Of Story, Wyo. In
the letter she wrote of her faith in
America and our basic freedoms, and
directed particular attention to what she
calls the superpatriots and their arbi-
trary attitude in regard to who is to
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CONGRESSIONAL RECORD- SENATE 1121
judge who is patriotic. The views she
has presented in the letter are so well
balanced and so stably put that I believe
her letter should have much wider cir-
culation than it would receive in the
local press. Therefore I ask unanimous
consent that the entire letter be printed
at this point in the CONGRESSIONAL
RECORD,
4-
Thr b' b t
e e
It
It would be a pleasure to enumerate what
some proven patriots have to say about this
radical right, the self-proclaimed patriots,
but time and space do not allow.
EDNA STEWART.
STORY,
SECRETARY RUSK SUMS UP
FREEDOM'S CASE
.ins no o sec
the letter Mr. McGEE. Mr. President, I was very
was ordered to be printed in the RECORD, much impressed by excerpts from the
as follows:
dd
a
ress delivered by Secretary of Stat
.e
READERS' VIEWPOINTS Dean Rusk to the Foreign Ministers at
EDITOR OF PRESS: the meeting of the Organization of
For a change, 'I should like to accentuate American States now going on in Punta
the positive, and 'I will begin by saying I del Este, Uruguay.
think the United States of America is just In itself, his message constituted such
fine and dandy the way she is.
Of course nothing in the affairs of men is a ringing statement of confidence in the
quite perfect. We seem to have abroad in basic operations of a free society, and in
the land too many disgruntled frustrates our competitive capabilities in a jungle
who exist and have their being in a perpetual world with communism and commu-
be hard to say just what to do for what
ails these people.
Among them Is the candymaker from
New Hampshire. In one way he reminds
me a little of a much greater man than he,
the genius industrialist, Henry Ford the
first. The latter became somewhat swollen
in importance perhaps, for after all he was
a very important man. This man outside of
his own sphere understood so little about
the world about him that he thought single-
handed he could stop World War I by sailing
his "peace ship" to Europe. How unreal-
istic can a man get?
I say to all such men-stick to your lasts.
The word democracy is a bad word among
the frustrates. They call it "mobocracy"
and they are pleased to say that this coun-
try is a republic-not a democracy.
Most of us would proudly proclaim it is
both.
Some of these people see a Communist be-
hind every bush and resort to name calling.
I myself have never seen a Communist or
anyone I thought could be one and anyway
I'll leave all that to J. Edgar Hoover who
seems quite competent. I say to all such
people stick to your last and mind your
manners. Some of these people believe that
special qualities for leadership lie with those
whose ancestors have long been on these
shores. Shades of Hitler. The master race,
remember?
And then, the military heroes. In these
spheres you must have a military hero. The
Nazis had Horst Wessel and the Birchers
have John Birch.
They hate what they call intellectualism.
Yes, they may well hate the free play of
intellect. They are smart enough to know
their natural enemy. With them the people
should be told what to do.
Among the superpatriots there are those
who want to burn books. Again shades of
Hitler. As for me I have every confidence
in our teachers and schools and what's in
the books. I'll gladly leave it to qualified
people. I say to all self-appointed book
burners, stick to your last.
The holier-than-thou, smug attitude of
these superpatriots could well generate a
little heat under the collar if it weren't for
the saving grace of humor. Heaven knows,
no saving grace of humor exists in their grim
midst. But what a target for the Bob New-
harts and Mort Sahis of this world and oh
the sacrilege of it. Upstarts, fresh from the
east side daring to have a hey day with the
rock-ribbed patriots. Tut, tut, can such
things be?
I say a little humility on the part of these
superpatriots would grace them well.
In concluding, I would say that whatever
comes the American people will never choose
a sawdust Hitler for a leader.
nism's well-advertised goals, that I be-
lieve these excerpts from his address de-
serve much wider circulation, in order
that many more Americans may be able
to read them.
I wish to read the concluding para-
graph, which is exceedingly eloquent.
Secretary of State Rusk said:
Communism is not the wave of the future.
Communists are only the exploiters of peo-
ple's aspirations-and their despair. They
are the scavengers of the transition from
stagnation into the modern world. The
wave of the future is the peaceful, demo-
cratic revolution symbolized for the Ameri-
cas In the alliance for progress-the revolu-
tion which will bring change without chaos,
development without -dictatorship, and hope
without hatred.
I ask unanimous consent that the en-
tire report on the address by Secretary
of State Rusk be printed at this point in
the CONGRESSIONAL RECORD.
There being no objection, the excerpts
were ordered to be printed in the REc-
ORD, as follows:
RUSK SUMS UP FREEDOM'S CASE
(By Secretary of State Dean Rusk)
(These excerpts are taken from Secretary
Rusk's Thursday speech before the hemi-
sphere foreign ministers' meeting In Punta
del Este, Uruguay.)
There are those in every land who resist
change, who see the society they know as the
climax of history, who identify their own
status and privilege With the welfare of their
people, and who oppose the vital land and
tax reforms necessary for the completion of
our work. But their resistance is doomed
to failure.
The 19th century is over; and, in the 20th,
people across the earth are awakening from
centuries of poverty and oppression to claim
the right to live in the modern world. "The
veil has been torn asunder," wrote Bolivar,
"we have seen the light; and we will not be
thrust back into the darkness." No one can
hope to prolong the past in a revolutionary
age. The only question is which road we
mean to take into the future.
This is not a question alone for this hemi-
sphere. It is a question faced everywhere in
the world. On the one hand are those who
believe in change through persuasion and
consent-through means which respect the
individual. On the other are those who ad-
vocate change through the subjugation of
the Individual and who see in the turbulence
of change the opportunity of power.
History shows that freedom is the most
reliable means to economic development and
social justice, and that communism betrays
in performance the ends which it proclaims
in propaganda. The humane and pragmatic
methods of free men are not merely the
right way, morally, to develop an under-
developed country; they are technically the
efficient way.
If there Is tension in Berlin today, it is
because of the failure of the regime in East
Germany and the flight of tens of thousands
of its people toward freedom and expanding
opportunity.
Recognizing its failure in the underde-
veloped world, recognizing that its greatest
enemy Is the process of peaceful and demo-
cratic development, communism in recent
years has concentrated-in Asia, in Africa,
in the Middle East, now in our own hem-
ispliere-on using the troubles of transition
to install Communist minorities in perma-
nent power. The techniques by which com-
munism seeks to subvert the development
process are neither mysterious nor magical,
Khrushchev, Mao Tse-tung, and Cho
Guevara have outlined them in frankness
and detail. They seek first to lay the poli-
tical basis for the seizure of power by win-
ning converts in sections of the populations
whose hopes and ambitions are thwarted by
the existing order. Then they try to capture
control of broadly based popular movements
aimed ostensibly at redressing social and
economic justice.
In some cases they resort to guerrilla war-
fare as a means of intimidating opposition
and disrupting orderly social progress. At
every point the Communists are . prepaFed
to invoke all the resources of propaganda
and subversion, of manipulation and vio-
lence, to maximize confusion, destroy faith
in the democratic instrumentalities of
change and open up the way for a Commu-
nist takeover.
As for its claim to social justice, ' Chair-
man Khrushchev himself has given the most
eloquent testimony of the inevitability of
monstrous injustice in a system of totali-
tarian dictatorship.
Nothing shows more clearly the failure of
communism to bring about economic de
velopment and social justice than the pres-
ent condition, of Europe. The bankruptcy
of communism is etched in the contrast be-
tween the thriving economies of Western
Europe and the drab stagnation of Eastern
Europe-and it is symbolized in the wall of
Berlin, erected to stop the mass flight of
ordinary people from communism to free-
dom.
The proponents of free society need have
no apologies. We have moved far beyond
the rigid laissez-faire capitalism of the 19th
century. The open society of the mid-
20th century can offer the reality of what
the Communists promise but do not and
cannot produce-because the means they
are using, the techniques of hatred and vio-
lence, can never produce anything but more
violence and more hatred.
Communism is not the wave of the fu-
ture. Communists are only the exploiters
of people's aspirations-and their despair.
They are the scavengers of the transition
from stagnation into the modern world.
The wave of the future is the peaceful,
democratic revolution symbolized for the
Americas in the alliance for progress-the
revolution which will bring changes with-
out chaos, development without dictator-
ship, and hope without hatred,
THE TARIFF NEEDS AN ADULT
APPROACH
Mr. McGEE. Mr. President, yester-
day there was published in the Washing-
ton Evening Star an article which the
distinguished columnist, William S.
White, wrote on the tariff problem which
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 1122 CONGRESSIONAL tclt;c.Vitli - 3=N ft l r,
will face this body in the days ahead.
The article is an appraisal of President
Kennedy's trade ideas. Bill White's sug-
gestion is that there is no place for petty
partisanship in the consultations, delib-
erations, and controversies which will
arise over the new approach to our trade
problems. I believe his article warrants
reprinting in its entirety in the CONGRES-
SIONAL RECORD, and I ask unanimous con-
sent that that be done.
There being no objection, the article
was ordered to be printed in the RECORD,
-as follows:
TARIFF NEEDS AN ADULT APPROACH-APPRAISAL
or KENNEDY'S TRADE IDEAS IS NO PLACE FOR
PETTY PARTISANSHIP
(By William S. White)
The great, grave issue of this year-and
perhaps of many years to come-has now at
last been formally put before the country.
This is President Kennedy's long message
to Congress asking for unexampled presiden-
tial authority to cut tariffs in vast sweeps.
The central purpose is to associate this Na-
tion with the six-nation European Common
Market and so to enter a' new *world of im-
mensely enlarged trade with all its oppor-
tunities-and all its possible trials and
dangers.
The hour has struck for bigness-for big
Ideas, for big debates among big-minded
men. It Is much too late now for little-
ness-for little ideas, for little disputes
among little-minded men, for petty parti-
sanship, for girlish screaming over tags like
"liberal" and "conservative," for frantic
this is a historic -and capital matter entitled European and Asian nations which are sym-
to the most earnest and searching scrutiny pathetic with him. But all this activity is
by Congress and by every responsible adult of little of conseenc as Castroism qu e the legend compared wiCastro
in this country.
This correspondent, for one, does not hest- is the friend of the poor.
tate to say that he is for the plan. All his The "soft" group of governments have
life he has believed that freer world trade acted as they have acted not because they
would cure most of the world's troubles. want to help Castro, and not because they
Moreover the enormous Western trade group- are .afraid to anger him, but because they
ing to prospect here would make the free know that legends are not destroyed by
strop adjectives The legend would notbe
KhrushChev's threat to "bury" that world
by his own slave economy.
But let the protectionists be heard to the
end-again, heard in full respect and under-
standing. For this great national decision
will be no good and will not endure unless
it has been reached at last in a true, and an
informed national consent.
CASTRO AND CASTROISM
Mr. McGEE. Mr. President, there ap-
pears in the Washington Post of today
an article in which Walter Lippmann
takes his usual objective view of a-very
controversial and troublesome question
now in our midst; namely, that of Castro
and Castroism. In the article Mr. Lipp-
mann utters a word of caution to those
who would act impetuously, particularly
as they react to the attitude of some of
our neighbors to the south on the Castro
question. It is Mr. Lippmann's view
that we should be a little more tolerant
and a little more understanding of the
caution exhibited by some of our friends
to the south of us. I believe that the
entire article warrants reprinting in the
CONGRESSIONAL RECORD, and I-ask unani-
mous consent that that be done.
There being on objection, the article
was ordered to be printed in the RECORD,
worrying over who is a Democrat and who
a Republican.
For this is not a Republican Issue, not a
Democratic -issue. This is an all-American
issue, This is not something to be resolved
by two-bit mhnifestos. This is not to be
discussed as though it were a public housing
.bill or some mere good guy-bad guy contest.
The opportunity is at hand for the most
- thoughtful, the most adult, the most re-
sponsible national debate we have known
since World War II. And the duty, as well
as the oppotrunity, for just such a debate
Is also at hand.
- Mr. Kennedy has massively influential
support here-from the largest of large busi-
ness; from the most articulate, generally, ,of
the private voices of this country; from
such outstandingRepublicans as Dwight D.
Eisenhower and former Secretary of State
Christian Herter.
The opposition, actual and latent, is more
dispersed and, on the whole, less blessed with
"names." It is, however, a formidable and
honest opposition which is entitled to be
heard in full respect and understanding.
For it is no good denying that this plan
will work some scattered hardship, among
communities and industries which have thus
far remained economically going concerns
only through the assistance of tariff protec-
tion. -
It is also no good denying, that the vast
association upon which we propose to em-
rk wil raise new problems, economic
b
a
problems of kinds with which we have not rather easy for Castro's revolutionists to in- the Joint Commission on Atomic Energy,
yet dealt. It is also no good denying that filtrate countries around the Caribbean, to do under a Republican administration; and
the European end, at least, of this proposed gun running -to local rebel bands among as the appointee under the Democratic
new trade association the Common Market, them. administration of President Kennedy to
ultimately will find itself facing poignant But the big South American countries, be head of the Central intelligence
new political problems, too. For in Europe which are separated from Cuba in the -Carib-
this union for trade will reach more and bean by the Andes Mountains, the jungles Agency-the nomination which the Sen-
more toward political union as well. In the and the great hump of - Brazil, are not di- ate is now called upon to consider, and
end wills come some undeniable loss or dilu- rectly threatened by armed intervention. about which it must reach a decision.
tion of' Individual national sovereignty For them the danger of Castro comes prima- Mr, McCone has proved- to be a most
there. rily from his legend as the Robin Hood who efficient, effective, and patriotic servant
Now, in all the circumstances, it is con- has robbed the rich to help the poor.
served responsi-
ceivable that President Kennedy could sim- Castro does send propaganda and agitators of this positions of great Government. trust He has and served in
given bulldoze his bill through Congress, into southern South America. He uses dip-
given the power and prestige of his forces. lomaticvfacilities if he has diplomatic rela- bility, and. he has executed his duties
w
t -h..,..
a_n_
-
the facil ties Al 'faithfully and well.
o
s
no
and if
For
g
dissolved by breaking diplomatic relations
and driving Castro entirely into the under-
ground. The legend would not be destroyed
by economic embargoes especially since Cuba
has no important trade with Latin America.
From our point of view it would have been
a calamity if we had forced the issue to a
point where with the backing of the weakest
part of Latin America we overrode the views
of the strongest part. It wouldhave been
a calamity to win such a victory because it
would have split the inter-American system,
with twice as many Latin - Americans op-
posed to us as were with us.
What we really needed, and perhaps have
gotten, is that a preponderant majority of
our American neighbors state clearly that
Castro and Castroism are hostile to the inter-
American system. When that is achieved,
the practical question of what to do about
Castro is not a matter of words or of sanc-
tions. It is a matter of coordinated and
cooperative counterespionage in this hem-
isphere. That must be largely a secret op-
eration in order to identify and frustrate
subversive agents. It cannot be done with
a brass band and a television camera but
only by close working arrangements among
the Governments.
Effective counterespionage can deal with
Castro's interventions in this hemisphere.
It will not and cannot deal with his legend,
with Castroism. Counterespionage will not
save the corrupt dictatorships that still re-
main. It will not save the incompetent
democracies. And while there must be coun-
terespionage to make. sure Castro minds his
own business in Cuba, it is no substitute for
doing what the alliance for progress has
The Castro problem is how to deal with a Promised to do.
hostile regime without using military force
to overthrow it. The Foreign Ministers at DIRECTOR OF CENTRAL INTELLI~
Punta del Este have been seeking the begin-
ning of a solution for that problem. -Castro GENCE
has no avowed and quite certainly no genu- The Senate resumed the considera-
.ine sympathizers and supporters among the tion of the nomination of John A.
Governments of the American Republics. McCone, of California, to be Director
But there has been an important division of Central Intelligence.
view, as to what it is wise and expedient to of
do about him. Mr. MANSFIELD. Mr. President, I
The division, as we have learned, is be- have been listening with much interest
tween the Republics which lie on the shores to the debate on the question of con-
of the Caribbean facing Cuba and, with the firmation of the nomination of John A.
rather special exception of Mexico, the big McCone to be Director of Central
countries of South America which are a long
way by sea or land from the troubled Carib- Intelligence.
bean. I realize that this position is a highly
I would venture a guess that this geog- - sensitive and most difficult one. I -do
raphy explains the theoretical differences be- not know Mr. McCone intimately but I
tween the so-called soft and hard positions do know him to a degree; and I have
which the have Conference. taken the The hard d line, Caribbean Cr, are e phys- countries observed his service as an Under Sec-
w line,
within reach of Cuba. The distances retary for the. Air Force, in a Demo-
-a