DAILY DIGEST

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP71B00364R000600050001-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 50
• Document Creation Date: December 16, 2016
• Document Release Date: June 16, 2005
• Sequence Number: 1
• Publication Date: April 9, 1956
• Content Type: OPEN

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Monday, A, it 9, .1956
Daily Digest
HIGHLIGHTS
Senate agreed to limit debate on resolution to establish joint Committee o t.
CIA.
House passed 40 miscellaneous bills.
See Congressional Program Ahead.
See Resume of Congressional Activity.
Senate
Chamber Action
Routine Proceedings, pages 5259-5290
Bills Introduced: 7 bills and 2 resolutions were intro-
duced, as follows: S. 3575-S? 3581; S. J. Res. 159; and
S. Res. 235. Page 5268
Bills Reported: Reports were made as follows:
H. R. 4909, relative to the consolidation of the Na-
tional Tax Association with the Tax Institute, Inc., with
amendments-reported under prior authorization on
April 2 (S. Rept. 1722) ;
Report of Select Committee on Small Business en-
titled "Military Procurement-1956-Volume i"-re-
ported under prior authorization on April 3 (S. Rept.
1723); and
Report of select committee to investigate circum-
stances surrounding alleged improper attempt, through
a political contribution, to influence vote of Senator Case
(South Dakota) on the natural gas bill-reported under
prior authorization on April 7 (S. Rept. 1724)?
.Page 5257
Senator Sworn In: Senator Thomas A. Wofford, of
South Carolina, who had been appointed to the vacancy
created by the resignation of Senator Thurmond, was
sworn in.
Civil Rights-Federal Register: Two communica-
tions from Attorney General transmitting drafts of pro-
posed bills were received and referred as indicated:
(1) to establish a bipartisan Commission on Civil Rights
in the executive branch of the Government and to estab-
lish a Civil Rights Division in the Department of
Justice-referred to Committee on the Judiciary; and
(2) to provide for effectiveness and notice to public of
proclamations, orders, regulations, and other documents
in a period following an attack or threatened attack
upon continental U. S.-referred to Committee on Gov-
enrment Operations. Page 5260
Appointment to Board: Senator Th;.-e was appointed
to Board of Visitors to U. S. Air Fo -ce Academy in
lieu of Senator Smith (Maine), cxcus,.,.a. Page 5258
CIA: Senate debated S. Con. Res. 2, tc establish a joint
Committee on Central Intelligence, reaching unani-
mous-consent agreement to limit do ate thereon as
follows: On Wednesday, April ii, debate on any
amendment, motion, or appeal limited ro r hour, equally
divided, and debate on question of ag _ eeing to resolu-
tion limited to 2 hours, equally ,livid. d, with proviso
that no nongermane amendment will 3,-- received.
Pages 52. 8--5259, 5290-5307
Influence Investigation: By unaflimo=fs consent it was
agreed that transcript-of-record files .i possession of
select committee to investigate cir 3mstances sur-
rounding alleged improper attempt through a political
contribution, to influence vote of Senator Case (South
Dakota) on the natural gas bill, shall l turned over to
special committee to investigate attc anted influence
improperly or illegally of any Senator u candidate for
the Senate or officer or employee of executive branch of
the Government, through campaig: contributions,
political activities, lobbying, or any ane ::_ll other activi-
ties or practices. Page 5280
Nominations: Senate received numer:uls civilian and
Foreign Service nominations, three jud-cial, and numer-
ous postmaster, Army, Navy, Air Fore,, and Marine
Corps nominations. Included in the ,-i"ilian nomina-
tions were those of Floyd S. Bryant, of California, to be
an Assistant Secretary of Defense; Ge( me C. Doub, of
Maryland, to be an Assistant Attorney General; James
R. Duncan, of Virginia, to be a meml;.-r of Subversive
Activities Control Board; Thomas E. :takem, Jr., of
Virginia to be a member of Federal Maritime Board;
and Warren Weaver, of Connecticut, o be a member
of National Science Board, National `-cience Founda-
tion. One postmaster nomination was s ithdrawn.
Pages 5312-5320
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CONGRESSIONAL RECORD - DAILY DIGEST April 9
Program for Wednesday: Senate recessed at 2:57
p. m. until ii a. m. Wednesday, April ii, when Senate
will further consider, under debate limitation, S. Con.
Res. 2, to establish a Joint Committee on Central Intelli-
gence, possibly to be followed by consideration of con-
ference report on H. R. 12, Agricultural Act of 1956.
Committee Meetings
(Committees not listed did not meet)
FREIGHT FORWARDERS
Committee on Interstate and Foreign Commerce: Sur-
face Transportation Subcommittee began hearings on
the following bills to amend the Interstate Commerce
Act: S. 3365, to change the requirements for obtaining a
freight forwarder permit, S. 3366, to authorize contracts
between freight forwarders and railroads for the move-
ment of trailers on flatcars, and S. 3367, regarding rela-
tionships between freight forwarders and other com-
mon carriers. Testifying in favor of these proposals
was Giles Morrow, president and general manager of
the Freight Forwarders Institute, Washington, D. C.
Testifying in opposition to the bills was.William H. Ott,
Jr., chairman of the legislative committee, National
Industrial Traffic League, Chicago.
Hearings continue tomorrow.
House of Representatives
Chamber Action Reservists' Pay: H. R. 81o7, to amend the Armed
Bills Introduced: 22 public bills, H. R. 10331-10352;
9 private bills, H. R. 10353-10361; and 3 resolutions,
H. J. Res. 598 and H. Res. 455 and 456, were introduced.
Pages 5354, 5358-5359
Bills Reported: Reports were filed as follows:
Conference report on H. R. 12, Agricultural Act of
1956, filed on April 6 (H. Rept. 1986) ;
S. 2587, to amend the Public Health Service Act to
authorize the President to make the commissioned corps
a military service in time of emergency (H. Rept. 1987) ;
H. R. 7891, relating to exchange of certain public
lands of Hawaii for relief of persons whose lands were
destroyed by volcanic activity, amended (H. Rept.
1988);
H. R. 7426, ratifying and confirming Act 249 of ses-
sion laws of Hawaii, 1955, as amended, andauthorizing
the issuance of certain highway revenue bonds by Terri-
tory of Hawaii (H. Rept. 1989) ;
H. R. 7858, designating the reservoir above the Monti-
cello Dam in California as Lake Berryessa (H. Rept.
1990);
H. R. 9678, relating to issuance of public improvement
bonds for schools in the city and county of Honolulu
and county of Hawaii (H. Rept. 1991); and
H. R. 9769; enabling the Legislature of Territory of
Hawaii to authorize the city and county of Honolulu,
a municipal corporation, to issue general obligation
bonds, amended (H. Rept. 1992). Page 5358
Presidential Communication: Received a communi-
cation from the President requesting a supplemental ap-
propriation of $547,100,000 for the Department of De-
fense military functions. Page 5357
President's Message-Veto: Received a veto message
from the President on H. R. 6421, a private bill. The
bill and message were referred to the Committee on
the Judiciary and ordered printed as a House document
(11. Doc. 370). Page 5325
Forces Reserve Act of 1952 to increase the pay or
6-month trainees, was cleared for Presidential action by
House agreement to Senate amendments thereto.
Pages 5325-5326
North Carolina Land Conveyance: Adopted commit-
tee amendments and passed H. R. 8634, authorizing
conveyance of a certain tract .of land in North Carolina
to city of Charlotte, N, C. Page 5326
Consent Calendar: Passed the following bills on the
call of the Consent Calendar:
Cleared for the President:
Coast Guard retirement: S. 1834, relating to compu-
tation of retired pay of certain retired commissioned
officers of the Coast Guard.
Yellow fever research: S. 2438 (in lieu of H. R. 8300),
amending the act providing pensions for certain partici-
pants in yellow fever research so as to increase pensions.
Alaskan transportation: S. 3269 (in lieu of H. R.
7874), to provide transportation on Canadian vessels
to and within Alaska.
Sent to the Senate without amendment:
Panama Canal builders: H. R. 842, granting increases
in the annuities of certain former civilian officials and
employees engaged in and about the construction of the
Panama Canal.
Indians: H. R. 5473, to authorize a $1oo per capita
payment: to members of the Red Lake Band of Chip-
pewa Indians.
Naval Reserve officers' pay: H. R. 7611, to establish
a date of rank for pay purposes for certain Naval Reserve
officers.
Missouri property exchange: H. R. 7913, authorizing
the exchange of properties between the United States
and the city of Cape Girardeau, Mo.
Naval officers (women): H. R. 8477, to provide flexi-
bility in distribution of women naval officers in grades
of commander and lieutenant commander.
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Daily Digest
HIGHLIGHTS
Both Houses cleared farm bill for President.
S t . rejected resolution to establish a joint Committee on CIA.
Two-year extension o export controls approve y House committee.
Senate
594PV'9111, 1956
Chamber Action
Routine Proceedings, pages 5387-5411, 5474
Bills Introduced: 36 bills and 4 resolutions were intro-
duced, as follows: S. 3582-S. 3617; S. J. Res. i6o-S. J. Res.
1,62; and S. Res. 236. Pages 5392-5393, 5474
Bills Reported: Reports were made as follows:
H. R. 10004, second supplemental appropriations for
fiscal 1956, with amendments (S. Rept. 1725) ;
S. 3481, to amend the Foreign Service Act of 1946 to
raise salaries in the Foreign Service and provide other
benefits to Foreign Service officers and their dependents,
with amendments (S. Rept. 1726); and
H. R. 5566, to continue the Indian Claims Commis-
sion to April 10, 1962, with amendment (S. Rept. 1727).
Page 5391
Bills Referred: 32 House-passed bills and i House-
passed concurrent resolution were referred to appro-
priate committees. Page 5410
Committee Meetings: Committee on Armed Services
was authorized to meet during Senate sessions today
and tomorrow, and Committee on Banking and Cur-
rency and Subcommittee on Constitutional Rights of
Judiciary Committee were authorized to meet tomorrow
during Senate session. Page 5387
Constitutional Amendment-Treaties: Senator Hen-
nings was authorized to file individual views on S. J.
Res. i, proposing an amendment to the Constitution of
the U. S. relating to the legal effect of certain treaties
and otl}er international agreements. Page 5391
CIA: By 27 yeas to 59 nays, Senate rejected S. Con.
Res. 2, to establish a Joint Committe on Central Intelli-
gence, after first adopting en bloc all committee amend-
ments. Pages 5411-5426, 5428, 5430-5431
Commission on Intergovernmental Relations: Index
to reports of Commission on Intergovernmental Rela-
tions, including the commission's. reports, various study,
committee staff, and survey reports, and supporting
documents, prepared by Legislative Refer nce Service,
Library of Congress, was ordered to b, printed as.
S. Doc. III. Page 5430
Farm Program: Senate debated and adopt, 1, by 5o yeas
to 35 nays, conference report on H. R. 12, Agricultural
Act of 1956. A motion to reconsider t c vote was
tabled. The bill now goes. to the Preside ~t
Pages 5440-3 4 3, 5450-5473
Conference Reports: Senate took up end debated
S. Con. Res. 36, requiring conference report . to be signed
by majority of the managers of each Hous? The-reso-
lution remained the Senate's unfinished, business at
recess. Pages 5431, 5474
Treaties Reported: Two conventions, si n ed at New
York on June 4, 1954, were reported as f Glows: Con-
ve1,ition concerning customs facilities for td ,,ring (Exec.
A, 84th Cong., 2d sess.), and customs c , > : vention on
the temporary importation of private t the xecutive is
from this body to the executive branch.
For decades, treaties of friendship, com- case of usurpation of power?
merce, and navigation have been made with dent now send these three agreements or deliberately flouting the aw. to the S
e other ice andtconsenttofethe Senate. with the their nermarrentconsentreplacements after yearseand evasionCertainloryignoringthere laws-,,Dsedeliber-
be . argue e n t busually
Senators know, these are basic treaties which de semensv the need still for temporary ate, upon these might the
establish the fraework s. The of our relations with agr _
ter ch the
arded na ouverie advice TSenate has tradi- How of its p erogati esi u l this fash on?p as gating fundamental le; al at nv,rity.. For
tonally given n aand consent to such pearance example, President Jackson felt -,I-at his re-
treaties. It still does so, for the. most part. Mr. MANSFIELD. dir. President, I election in 1832, after a thoroug ,ublic dis-
In 1933, however, the Department of State ask unanimous consent that some illus- cussion of his veto of the bill ,.c recharter an ment of commerce negotiated agraudi Arabia. As far friendship as and I trations of the use of Executive power in the National Bank, justified hi withdrawal
can dett with Sa udi this was the first time an relation to the power of Congress, which of public funds from the bank v-,ars before
ough he
executive agreement, rather than a treaty, I requested the Legislative Referefice its acted old legally cc harter was to to exhispire. SecT x ~iI,.hth of the
was used for this purpose. To be sure, the Service of the Library, of Congress to Treasury, Jackson knew that t , Nos of tthe
agreement with Saudi Arabia was labeled compile for me, be incorporated in the, contrary to congressional fete !t "Indeed,
provisional in nature and was to remain in RECORD at this point. Congress had already refuse:' -o pass a
effect, I quote: "until the entry in force of
a definitive treaty of comme There being no objection, the illustra- measure authorizing hirer spe tirany to do
rc
tion." -Even though it was e and temporary, , how- flans were ordered to be printed in the this. ? ' ?"'
In a case of historic importan e. President
ever, the State Department must have known RECORD, as follows: Andrew Johnson fired Score' .r: of War
that this executive agreement was treading THE LIBRARY OF CONGRESS, Stanton in deliberate violation r he Tenure im SERVICE, on dangerous wng clause, I ground for it LEGISLATIVE R 'xwa hi'ngton, D. C., of Office Act, which had beer Massed over
added the following clause, l: quote "Should his veto, because he "was convi 3: d that the
the Government the United States of SOME ILLUSTRATIONS OF THE USE OF EXECUTIVE act was uneonstitution.a an( was conse-
America be prevented by future action of its powER IN RELATION To THE POWER or quently eager to get it in the < a its fthe
bnson was
legislature from carrying out the terms of CONGRESS purpose of a test." 2 It itaough .14 1 its for
these stipulations the obligations thereof The general nature of the alleged usurpa- impeached primarily for this a Lion and es-
shall thereupon lapse." tion of the powers of Congress by Executive taped conviction by only one :)+e, this law
This executive agreement was never re- circumvention of legislative intent has been was repealed in 1887, and a v:uy similar
placed a definitive treaty of friendship, stated by Representative HOWARD W. SMITH. measure was declared xrncon .i=utional in
commerce, and navigation. Though the Testifying before the Joint Committee on 1926 in Myers v. United Stai v (272 U. S.
Senate has never given consent th ratifica- the Organization of Congress on March 28, fy2),
cir-
tion, a, a stands g equal force with genuine 1945, Representative SMITH said: The illustrations of alleged 'x~'cutive cir-
matteerr, , eat to dealing which the he- the Senate has same given subject ap- "Under our Constitution legislation Is cumvention or flouting of leg sir-.tive intent
matter, to be enacted by the Congress, in the following pages of this e;oort do not
-a I want to call your attention to what Iyassert by any means comprise a del a five listing
proval. ,t
?t
bli
id
a
s
reenforced. Thirteen years later, in 1946, the
State Department negotiated a similar agree-
ment with the Kingdom of Yemen. The
terms of the two agreements were practically
identical except for two omissions. The
agreement with Yemen no longer carried the
phrase indicating that it was to remain in
effect only, i quote: "until the entry in force
of a definitive treaty of commerce and navi-
gation." Also omitted was the phrase, I
quote: "Should the Government of the
United States of America be prevented by
future action of its Legislature from carrying
out the terms of these stipulations the obli-
gations thereof shall thereupon lapse."
In short, the State Department appears, in
13 years, to have reached the conclusion that
the power to make treaties of friendship,
commerce, and navigation had become, at
least in some cases, a unique power of the
executive branch, that the consent of the
Senate was no longer necessary, at least in
some of these agreements.
One year later, in 1947, a third agreement
of friendship, commerce, and navigation was
negotiated with the Kingdom of Nepal. In
printing the text of this agreement in its
legislation by the Congress, but we nave could be compiled in the time _vailable, and
four other types of legislation. I will go into it is hoped that, taken ogetl 'r, they offer
each one of them a little more fully ? ' '? a fairly representative pictul s Of cases of
We have legislation by sanctions; we have this type.
legislation by subsidies: we have legislation One other explanatory we ? 3 is needed.
by Executive regulations, under authority of No attempt has been made present the
acts of Congress; and we have legislation by other side, the answers to chc Fr-s of execu-
interpretation-interpretations that Con- tive disregard for legislative ,rent. Much
gross never dreamed of when we enacted the background material has aler. b'-en omitted.
law. The political context sirrour ;i ig each ex-
"I think that that is of very great mo- ample is held to the ahsolutE o-inimum.
meet. ` * ? I to not think the American President Theodore Rooseve is known as
people*
by ut these system inno- o a Chief Executive who believe n using the
nt isto being what changed extent our
gover
vations. ? * * power of his office to the iu:'-- Two exam-
"I do not think Congress as a Congress ples of his alleged circumvera son of legisla-
tive intent Are recorded here
l
-
realizes it. On the other hand, I think a
most every individual Member of Congress
realizes what is going on, and they talk
about it and fuss about it, and they say
something ought to be done about it, but
as a rule Congress does not do anything
about it.
"Now, much of this stuff is done in per-
fectly good faith. I 8m not here to say that
any of it is not done in good faith. It is
done under the spur of the emergency, but
1 Binkley, Wilfred E. The ?ewers of the
President, New York, Doubled v. Doran, 1937,
pp. 76-77.
' Ibid, p. 149. See RIe.O Cor it ,. Edward S.,
The President: Office and Po e, s, New York,
New York University Press, lit ii. pp. 77-78.
a Small, Norman J., Some 1 residential In-
terpretations of the Preside c., Baltimore,
the Johns Hopkins Press, 19 i. Pp.
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CONGRESSIONAL RECORD -- SENATE April 9
In two other instances, although his con- House and Senate, eager as I am to join you by the executive department to carry those
duct ultimately received a judicial sanction, in the making of an American merchant me- provisions into?effect."?
[T. R.] Roosevelt aroused the ire of his polit- rive commensurate with our commerce, the .
ical opponents by employing the ? ?
powers denouncement Of our colnrnercial, treaties "In the course of the last few days we held
granted to him by these statutes to secure would involve us in a chaos of trade rela - an executive session with the officials of the
a
actesult apparently not intended by these tionships and add indescribably to the con.. Department of State on this matterinclud-
y not approved by Con- fusion of the already disordered commercial lug the Chief of the Division of Interna-
gress. Having failed to convince Congress world. Our power to do so is not disputed, tional Administration and the administra-
of the urgency of preventing the acquisition but power and ships, without comity of re.. tive attorney of the Division. So far as
by monopolies of public coal lands at ridic- lationship, will not give us the expanded I can comprehend their attitude it is this,
ulously low prices, he undertook to remedy trade which is inseparably linked with a that the security of the United States should
this situation by issuing a series of procla- great merchant marine. Moreover, the ap?? be weighed in the balance against a policy of
mations withdrawing these coal lands from plied reduction of duty, for which the treaty facilitating our international relations with
of the
public entry and setting them aside as parts denouncements were necessary, encourages, other nations. I assert that this is not only nat exis ed asiontoathel rof these at a doubt o ders is sh only sthe carrying of , while the dutiable imports to Our
which unfurls the, a direct violation
ese officials the Internal Security y Act, which h these ofde are sworn to up-
attested by the refusal of his successor, Taft, nag on the seas is both free and dutiable, and, hold and which is designed to protect this
to proceed further without an express sane- the cargoes which make a nation eminent in. country, but is a course leading to the prac-
tion of Congress. Again, when an attempt trade are outgoing, rather than incoming. tical annulment of the statutory provisions
was made to obstruct his efforts atconserva- "It is not my thought to lay the problem passed by the Congress to protect our In
tion by attaching to an appropriation bill a before you In detail toda Its
e
e
eve , without assuming the re- of any nation, for none hs;a been made, is
- 1".. ""?" "So long as certain officials of this Govern-
sponsibiltty of vetoing a financial measure, well convinced that our highly went refuse to heed the warnings of our
defeated this effort by setting aside all the intended and hearth supported proposal, intelligence agencies and deliberate) i nore
y here, is soyshall have g
timber lands in question before the bill was fraught with difficulties and so marked b shall ha sof the open door I for for the Security Infiltration
on
presented to him for signature. tendencies to discourage trade expansion,
President Woodrow Wilson was another of that I invite your tolerance of noncompli- of spies and s dboteurs."
the so-called strong Presidents who believed mice for only a few weeks until a plan may Both President Truman and President
in the vigorous use of all of the powers of be, presented which contemplates no greater Eisenhower al c tihave been subjected to funds which for his office, as the following excerpt shows:' draft upon the Public Treaeury, and which, have eenappropriated dby Co g ress f which
Even Wilson, staunch advocate that he was though yet too crude to offer it today, gives have been nCongress ape-
of the observance of strictly legitimate pro- such promise of expanding our merchant cific
moneyes. In 1949 Congress Truman
cedures, was not averse, on the occasion of marine, that it will argue its own approval." ated
air groups. A Truman
ofor b 58 29
impending war, to execute a policy for which One outstanding authority on the press-' would order be of
spent nt fr for only specified r that funds
Statutory authorization, previously solicited dency declares that Franklin D. Roosevelt, in had recommended. the poli Polley air grouxa h-
from Congress, had been refused. In asking a message of September 7. 1942, peremptorily seed . This pcy was exam
Congress to empower him to arm merchant demanded that Congress repeal by the of Def Subcommittee
a certain
Appropriations n the
January 1950. of embers Appropria-
vessels, Wilson had spoken as follows: provision of the Emergency Price control Act Aet January . Members of the subcommit-
"No doubt I already possess that authority or that he, the President, would treat this tee regarded the action as an invasion of
without special warrant of law by the plain provision as repealed. After quoting a congressional authority. Representative
implication of my constitutional duties and passage from the Roosevelt message, Edward sn rs declared: "i would consider that there
powers, but I prefer to act not upon impli- S. Corwin goes on to say: ;
cation. I wish to feel that the authority and "In a word, the President said to Congress: which a
now prohibition are in being ng law doneagainst the things
power of Congress are behind me." "Unless you repeal . The Congress
Notwithstanding the defeat of an author- vi..fon forthwith,,I shall certain
n eve thelessy teat under the Cone expen decides how hang money izing statute by the action of 11 willful it as repealed." On what grounds did Mr. done contrary is to be expended. * * "Anything
men, Wilson proceeded to arm merchant Roosevelt rest his case for power of so done the b s this of the l opinion con-
vessels in reliance not only upon his consti- transcedent a nature? Although he made a flare to the bori c law e the land." r
tutional powers but upon the support de- vague Last Sby rev al Senators Eisenhower was
~ gesture toward congressional acts, it accused by several Senators of acting, or
rived from an obsolete statute of 1819. Is obvious that his principal reliance was, threatening to act, with regard to already
Where an Executive relies on a novel inter- and could only have been, on his powers appropriated funds, in a manner that was
pretation of an existing statute, which was under the Constitution--that is to say, his contrary to the wishes and intentions of
designed at the date of its adoption to serve conception of these. Presidents have before Congress' In the public works appropria-
a wholly unrelated purpose, it would seem this in a few instances announced that they tion bill Congress inserted provisions for
that by an act of repeal, Congress could did not consider themselves constitutionally funds for some projects that did not appear
deprive the Executive of the color of author- obligated by something which Congress had in the President's budget. "According to
sty for his action. Whether the repeal of the enacted but which, as they contended, the newspaper stories," said Senator MORSE,
law could, of itself, halt the President is trenched on presidential prerogatives. This, "the President implied such unbudgeted
probably dependent upon whether his ac- for example, was Johnson's position in 1867. projects will not be initiated even though
tion, through his subordinates, could be But the position advanced by Mr. Roosevelt the Congress has specifically appropriated
made the subject of litigation. goes beyond this, claiming as it does the funds until detailed engineering plans
The following excerpt is taken from the for the President the power and right to dis- have been completed. " ? * It will be a sad
annual message of President Warren G. regard a statutory provision which he did day for government by law if a President is
Harding delivered to the Congress on De- not venture to deny, and indeed could not allowed to thwart the will of Congress as
cember 6, 1921: possibly have denied, which Congress had President Eisenhower a
"The previous Congress, deeply concerned complete constitutional authority to enact, he might do." PParently intimated
In behalf of our merchant marine, in 1920 and which, therefore, he was obligated by With reference to an aspect of the Dixon-
enacted the existing shipping law, designed express words of the Constitution to take Yates controversy, Senator O'MArroNEY said:
for the, upbpilding of the American merchant care should be faithfully executed."
marine. Among other things provided to en- Speaking of the administration of the In- "If It shall shall andt thhe Bureau Burea au of true that the the courage our shipping on the world's seas, the ternal Security Act, former Senator Herbert dethe acts Congress in making ap can
Budget
Executive was directed to give notice of the R. O'Oonor, of Maryland, said:' defy
pro-
rig and can the csay. . n w hsta ag the
termination of all existing. commercial "'Mere is strong evidence that some off- appropriations, that the a works wilding the
treaties in Order to admit of reduced duties clals of this Government are engaged use the he executive department
s
a will not doe be
on Imports carried in American bottoms. studied and deliberate effort to oiIn built tm, alt although the Presi-
During the life of the act no Executive has pliance with certain basic provisions of the dent not t approve has signed them, although the to talk
complied with this order of the Congress. Internal Security Act of 1960 which are de- u signed the ernment useless r g talk
When the present administration came into signed to protect this counts against . in- about congressional free government." Referring to
responsibility it began an early inquiry into filtration by Communist agents Marine Corps, the ine Corl appropriation affecting
ecla ed:
the failure to execute the expressed purpose "Notwithstanding these provisions of the ps, Senator [of . Defense] n declared:
of the Jones Act. Only one conclusion has Internal Security Act which provide for the "Why should secretary Wilson
been possible. Frankly, Members of the exclusion and deportation of aliens whose thwart the will of the Congress by saying he
presence in this country endangers the pub-
* Memorandum on the Powers of Congress, sic security, virtually nothing was being done ' Executive-Legislative Relations: Exam-
of Real or -51
28,
Shot of Impeachment, To Control a Presi- Legislative Leesagis Legislative ve Re aferenc Reference ed Service OversteppingReport, ,May 28
dent in Matters of the Faithful Execution of ' Corwin, Edward S., Congressional Legislation. Legislative Ref- ' CONGRESSIONAL Rscoiw, i82dp C3o0n 305,
st 1.951.
erence-Service Report, October 20, 1943, seas., October 17, 1951, p. 13323-133248 July CO 188, 1095565, , pp pp 1 . L 91776RECORD -6--991818 (dales edition),
, 3.
shed only terns) security.
rider exempting from withdrawal as reserves to say to You that th
9.,,..,.
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CONGRESSIONAL RECORD -
had impounded the $46 million authorized
by the Congress to keep the marines at their
present strength? * * * This is something
the executive braijeh is doing regardless of
the action taken by Congress." On another
subject, Senator NEUBERGE:R said: "The Pres-
ident announces to the world, in a press
statement, that, even though the Congress
has provided for the Cougar Dam, he evi-
dently does not intend to proceed with the
spending of the money for it, although the
appropriation has been provided by the
Congress."
A question of executive as against legis-
lative authority arose last July when Presi-
dent Eisenhower signed the Defense Depart-
ment appropriation bill. Section 638 of this
measure gave to the Appropriations Com-
mittees of the Senate and the House a virtual,
veto power aver certain proposed cutbacks in
some of the business enterprises in the De-
fense Department. The President signed the
bill because the Department had to have the
money, but he declared in his message of
July 13 that section 638 "constitutes an un-
constitutional invasion of the province of the
Executive. ?' ? ? Such section will be re-
garded as invalid * ? * unless otherwise
determined by a court of competent juris-
diction."
According to the Washington Star of July
15, Representative Sners was completely
shocked at the President's attitude. "Sel-
dom have I heard such complete and utter
disregard for the rights and privileges of
ress or of the constitutional processes
n
C
g
o
of law." He said the President would "in
this way seek to place himself above the law
and to set aside a section of law that he or
someone who speaks for him does not like.
This is veto by paragraph, and veto by para-
graph is not legal. This is usurpation of the
powers of the Congress." House Majority
Leader McCoaMACI said: "I had the idea that
the Civil War settled the question of nullifi-
cation in this country, but this is a nullifica-
tion of an act of Congress."
The following material consists entirely of
examples of executive agreements and other
international agreements arrived at through
executive action. The first 2 excerpts dis-
cuss the subject in general terms; the next
4 consist of more specific illustrations:
The first of the general excerpts follows:9
"Generally speaking, the interwar period
I b the wide use of execu-
i
and modified the tariff in numerous re- direct control of the legislatur(=. This
ciprocal trade agreements by means other is understandable in a totalitar=tai gov-
than the treaty-making process." ernment, such as the Soviet Ui =1c=n, It
The more specific illustrations are: is even understandable in a pali.i,men-
"1. INTERNATIONAL LABOR ORGANIZATION 11 tary democracy, such as Great Britain,
"Membership of the United States of where the entire administration s a part
America, by proclamation by the President of and is responsible to Pai liame: pie , Our
of the United States, September 10, 1934 form of Government, however, is based
"Whereas by a joint resolution of the Con- on a system of checks and. bala ices. If
gress of the United States of America, ap- this system gets seriously out of talance
proved June 19, 1934, the President was au- at any point, the whole oyster"" is jeo-thoriz ernmed ent to of the accept membership United States of for Amtheerica Gov- in ardized, and the way is opened .or the
rnm gof tyranny.
the International Labor Organization, pro- growth
vided that in accepting such membership the CIA is the only major Feder: 1 'i,gency
President should assume on behalf of the over which Congress exercises c direct
United States of America no obligation under and formal control. Its budge ..ind its
the covenant of the League of Nations. * * ? personnel lists are classified. P v law the
"2. ACQUISITION OF ATLANTIC NAVAL BASES 19
"Naval and air bases
"United Kingdom
"Arrangement providing for lease to the
United States of naval and air bases in An-
tigua, Bahamas, Bermuda, British Guiana,
Jamaica, Newfoundland, St. Lucia, and
Trinidad and for transfer to the United King-
dom of 50 United States Navy destroyers.
"Effected by exchange of notes signed at
Washington September 2. 1940.
"Duration: Not stated; leases to run for
99 years.
"Text: (54 Stat. 2405; E. A. S. 181; 203
L. N. T. S. 201). Opinion of the Attorney
General.
"Advising that the proposed arrangement
might be concluded as an executive agree-
ment and that there was Presidenital power
to transfer title and possession of the over-
age destroyers (39 Op. Att. Gen., 484).
"3. ATLANTIC CIiARTER is
"On August 14, 1941, President Roosevelt
and Prime Minister Churchill, representing
the United States and Great Britain, issued
a joint declaration of peace alms. ' ? ?
"4. PAN AMERICAN UNION 14
"The Pan American Union was set up and
continues to exist by virtue of a series of
resolutions to which the President's pleni-
potentiaries, as members of international
conferences of the American states, gave his
and their consent, but in regard to which
Congress appears to have exercised no influ-
ence other than its power--common to both
ze y
was character
Live agreements to effect international un- treaty- and agreement-made unions-to tee's check on CIA is generally I assume,
derstandings on matters that seem quite as grant or to withhold appropriations for the
important as those dignified by the use of the payment of the recurrent dues." when the executive budget re, i st is up
for consideration. The Arm( Services
treatymaking process. Approval by two- MANSFIELD. Mr. President, will
thirds of the Senate was not required to Mr. Committee receives a periodic r ,port, or
terminate the First World War, to join the this new commission be able to make at the committee's request. Li addition,
International Labor organization, to acquire available to the public and to Congress several checks have been Mae- oy inde-
Atlantic naval bases in British territory in anything they learn about CIA doing the pendent groups, as we know. Even the
return for overage destroyers, to accept the wrong things or not doing enough of the recent Commission set up by ae Presi-
Atlantic Charter, nor to enter into lend-lease right things? This commission is re- dent functions only parttime and will
agreements." sponsible to the executive department make only a periodic check o-, he CIA.
The second of the general excerpts States:10 alone, and lacks the legal authority a That is not what we need; these checks
"The United States annexed Texas and congressional inquiry enjoys. An Ex- are fine, but we need a contiocal check
Hawaii, ended the First World War, joined ecutive order could conceal any report
the international Labor Organization, the on the operations of this agrnry which
Universal Postal Union and the Pan Ameri- or recommendation the Board might seems to be expanding contini ?:01y. The
can Union, settled over $10 billion worth of make on the grounds that revealing such most efficient method is by a, Prot Com-
post-World War I debts, acquired Atlantic information might injure the country, mittee on Central Inteiligen' 1.
naval bases in British territory during World The Congress would still remain in the There have been a number of reports
War II, acquired all financial claims of the dark. recently that all is not well wi s n the CIA.
Soviet Union in the United States, joined the it is true that intelligence services of The Hoover Commission repo' 6(d a woe-
United Nations pledging itself not to make
separate peace in World War it and to accept other major countries operate without ful shortage of information a. gout the
the Atlantic Charter, submitted over a Soviet Union, and noted that the agency
score of cases to international arbitration, ss U. S. Congress, 75th Gong., 3d seas., could stand some internal adn r istrative
t' t f
s o
e Cheever, Daniel, and H. Field Haviland.
American Foreign Policy and the Separation
of Powers. P. 92.
10 McDougal, Myres S. and Asher Lane.
Treaties and Congressional-Executive or
Presidential Agreements: Interchangeable
Instruments of National Policy. Yale Law
Journal, Vol. 54, no. 2, March 1945. P. 238.
Senate Doc. 134, p. 5531. improvements. These are .Ie so,
12 U. S. Congress, 76th Cong., 3d sess., House inadequacies which the newl:,, s ppointed
Doc. 943. Commission certainly will nog. i;11ow, but
zs Langer, William L., comp. and ed., An congressional guardians might lie able to
Encyclopedia of World History, Soston, compel even swifter and s1 ec reform
-*Houghton, McClure, Mifflin Wallace 9bz, M., p. 1137. International than could an executive corlrnittee.
Executive Agreements. New York, Columbia Everything about CIA is ac'othed in
University Press, 1941, p. 12. secrecy. CIA is freed from ,- -actically
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agency can withhold even such obviously
unimportant information as th : alaries
of its top officials.
It has been the tradition iii both
Houses of Congress to have it d-vidual,
but corresponding, committees t< han-
dle legislation in both the H' 'use and
Senate. We have the Comm bees on
Agriculture, Finance, Judiciary. Foreign
Relations, and so on. These commit-
tees generally correspond to _secutive
departments or agencies in their juris-
diction.
. The Congressional Directory li ;ts CIA
as an executive agency, direct],, ::espoZl-
sible to the President; however, the other
agencies and commissions u;ider this
listing are relatively small in cumber of
employees and many act larg_17 in.an
advisory capacity. We do not 'row how
large CIA is, but according to a'ans for
its new concentrated headqua= u rs, it is
no longer a small agency, if it a -er was.
CIA is subject to congressio-a review
by four established and fully a u horized
subcommittees, and I am sure '!.at they
are doing a creditable and fine Deb. But
this is not enough. The Se~iaiars on
these committees have many of icr things
to consider, as members of the _rill Armed
)Services and Appropriations Commit-
tees. In addition, there is n- staff to
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CONGRESSIONAL RECORD -SENATE April 9
every ordinary form of congressional re- ous security regulations. Such a staff tions to the Congress, and to the President,
view. Control of its expenditures is ex- of trained, specialized, and dedicated annually and at such other times as may be
empted from the provisions of law which persons would assist the committee necessary or advisable. The proposed
prevent financial abuses in other Gov- members in making checks and ap- watchdog commission should be empowered
to informa-
ernment agencies. praisals on CIA and its operation. Lion by law n
e ea demand and receive any would be
I agree that an intelligence agency There certainly should be no more risk r after for own use. It would be
must maintain secrecy to be effective. in trusting classified information to a patterned
ation of the Executive Branch of the rG v-
And I certainly do not mean to suggest trusted few connected with a congres- ernment (Hoover Commission). Appoint-
that CIA should reprint for public con- sional committee than there would be ments by the President of persons from pri-
sumption every item that comes across to a trusted many in a Government vate life to the proposed commission should
the Director's desk. If sources of infor- agency. be made from a select list of distinguished
motion were inadvertently revealed, they It has been pointed out that there is individuals of unquestioned loyalty, integ-
the Nation. records of unselfish
would quickly dry up. Not only would too little legislation to require a com- sereice and to/the Nation.
the flow of information be cut off, but mittee of this nature. Admittedly, pro- service
the lives of many would be seriously en- posed legislation which would be referred Mr. President, I wish to state again
dangered. In addition, much of the to the suggested joint committee might that the appointment of the citizens
value of the intelligence product would have helped to resolve Problems and to board should not preclude the establish-
be lost if it were known that we possessed make suggestions in the controvery over ment of a continuing and permanent
it. For these reasons, secrecy is obvi- the site of the proposed CIA building, congressional watchdog committee.
ously necessary. As to other legislation, it is difficult t~o Such a committee would act as a finan-
However, there is a profound differ- know what might have happened. We cial-overseer, supervisor, guardian, spon-
ence between an essential degree of must remember that a joint committee sor, and defender of the CIA. It could
secrecy to achieve a specific purpose and would also be a defender of CIA against give a constant and more thorough su-
secrecy for the mere sake of secrecy. unwarranted and unjustified attacks pel'vision to our intelligence activities
Once secrecy becomes sacrosanct, it in- from within and outside the Federal than could any periodic check.
vites abuse. If we accept the idea of Government. At the time of my appearance before
secrecy for secrecy's sake we will have Mr. President, in my opinion, the CIA the Rules Committee in behalf of this
no way of knowing whether we have a is in somewhat the same category as the concurrent resolution I was informed by
very fine intelligence service or a very Atomic Energy Commission; and just as the distinguished senior Senator from
poor one. 4 ,special committee, with well-defined New Hampshire [Mr. BRIDGES] that he
If a new joint committee is set up as authority and powers, has been created voted against the creation of the civilian
proposed in Senate Concurrent Resolu- on a joint congressional basis to oversee advisory group, and it is his belief that
tion 2, all bills, resolutions, and other and supervise the interests of AEC,-so I the distinguished senior senator from
matters in the Senate or in the House of believe that a joint congressional com- Arkansas [Mr. MCCLELLAN] joined him
Representatives relating primarily to the mittee should be created for the same in this decision. Both of them, however,
CIA, would be referred to the joint com- purpose in connection with the CIA. I as members of the Hoover Commission,
mittee; and the joint committee would, realize full well, because of the very would recommend, according to the Sen-
from time to time, make whatever re- nature of the duties of the CIA, that ator from New Hampshire [Mr. BRIDGES],
ports are necessary to the Congress con- there has been no public scrutiny of its the establishment of a Joint Congres-
cerning its relationship with the CIA. activities. This may be necessary in this sional Committee for the CIA.
The enactment of the concurrent reso- (lay and age, but I believe that a. joint Two committees, the Joint Congres-
lution would establish a joint commit- congressional committee should be sional Atomic Energy Committee and the
tee, composed of 6 Members of the Sen- created for the purpose of making cer.- -Joint Congressional Central Intelligence
ate to be appointed by the President of taro that good management is main.- Committee, would be mutually support-
the Senate, and 6 Members of the House tamed in the CIA and also to keep a con- ing. They should insure as far as hu-
of Representatives to be appointed by s,tant check onits intelligence policies. manly possible, a proper support for and
the Speaker of the House of Representa- It is well, too, that this ;joint committee control of our powerful intelligence or-
tives. Of the 6 Members to be appointed -hould be in a position to criticize any ganizations. This a citizens' commit-
from the Senate, 3 shall be members of mistakes which the CIA may make. tee cannot do alone. -
the Central Intelligence Agency Sub- Until a committee of the kind this Before concluding my statement In
committee of the Committee on Appro- resolution proposes is established, there behalf of Senate Concurrent Resolution
priations of the Senate and 3 shall be will be no way of knowing what serious 2, I wish to comment briefly on the de-
members of the Central Intelligence flaws in the Central Intelligence Agency termined opposition to this measure be-
Agency Subcommittee of the Committee may be covered by the curtain of secrecy ing voiced by various members of the
on Armed Services of the Senate. The in which it is shrouded, executive department. The determined
six House Members would be appointed The creation of the new executive effort to defeat this concurrent resolu-
from the corresponding subcommittees board to review intelligence fulfills par- tion is another instance of executive in-
in the House. In each instance, not more tially the suggestion of the recent terference with a purely congressional
than four members shall be of the same Hoover Commission report on intelli- function. In fact the President is
political party. gence. However, it is only a partial ful- quoted in the press to- have said, "It is
The joint committee or any duly au- flllment of the Hoover Commission rec- too sensitive for Congress to take it up."
thorized subcommittee thereof would be ommendations. The Hoover Commis- I am sure that I need not remind my
authorized to hold such hearings, to sit slon, on two occasions, suggested a bi- colleagues here in the Senate that a con-
and to act at such places and times, to partisan committee, including Members current resolution is not subject to Pres- -
require, by subpena or otherwise, the of both Houses of Congress, empowered idential approval or disapproval. it
attendance of such witnesses and the by law to ask and get whatever informa- is the prerogative of the Congress to set
production of such books, papers, and tion it thought necessary to aid, guide, or up such a joint committee if it so desires.
documents, to administer such oaths, to restrain CIA. Executive control has been on the in-
take such testimony, to procure such Recommendation No. 2 of the recent crease in recent years, and I do not feel
printing and binding, and to make such intelligence activities report of the that this is good for a Federalgovern
expenditures as it deemed advisable. Hoover Commission reads as follows: went whose secure foundation is based
The committee would be, in addition, That a small, permanent, bipartisan com- upon a system of checks and balances
empowered to appoint a small, selective mission, composed of Members of both between the executive, legislative, and
staff of persons having the highest pos- Houses of the Congress and other public- judiciary. -
sible clearance, and would be authorized spirited citizens commanding the utmost As an illustration-and I have men-
to utilize the services, information, fa- national respect and confidence, to be estab- tioned this before-I wish to remind my
cilities, and personnel of the departments lished by act of Congress to make periodic
and establishments of the Government. surveys of the organizations, functions, colleagues that last year the Congress
The staff which I had envisioned for policies, and results of the Government appropriated an additional $40 million
agencies handling foreign intelligence opera- in funds to. maintain the Marine Corps
such a joint committee would be small tions; and to report, under adequate security budget at a more satisfactory strength,
and would be subject to the most rigor- safeguards, its findings and recommenda- but these funds were not used as di-
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CONGRESSIONAL RECORD -SENATE 1299
rected by Congress. In the American
system each important segment of our
governmental operation is subject to
check by another segment. Such an im-
portant agency as CIA should not be left
unchecked.
As has been so ably stated by New York
Times columnist, Hanson Baldwin:
If war is too important to be left to the
generals, It should be clear that intelligence
is too important to be left unsupervised.
I firmly believe that it Is now more
Imperative than ever that a joint con-
gressional committee be created at the
earliest opportunity. The representa-
tives of the people are the ones who
should be given, through a joint com-
mittee of Congress, the right to act for
the Congress vis-a-vis the CIA, just as
the Joint Committee on Atomic Energy
does at the present time and has done
for some years vis-a-vis the Atomic En-
ergy Commission
Mr. MORSE. Mr. President, will the
Senator yield?
Mr. MANSFIELD. I yield.
Mr. MORSE. The most convincing
argument, in my opinion, for the adop-
tion of the concurrent resolution is
President Eisenhower's objection to it.
When the President of the United States
says that the matter of the CIA is too
sensitive for Congress to take up, he
shows the American people what many
of us have long known, namely, his lack
of understanding and appreciation of
the legislative process of the Govern-
ment, and the check and balance system
of the Constitution.
I say to the President of the United
States from the floor today that no topic
of Government belonging to all the peo-
ple of the country is too sensitive for
the elected representatives of a free peo-
ple to handle. It is about time the
American people made that clear to the
President. What the President needs is
a refresher course on the constitutional
system of our country.
For the President to say that Congress,
acting under the legislative process of a
concurrence resolution, seeks to deal
with a subject matter which is too deli-
cate for Congress to handle, shows that
the President lacks a sensitivity and an
understanding of our constitutional sys-
tem itself. His very criticism of the
Senator's concurrent resolution is, in my
opinion, a sound reason for the adoption
of the concurrent resolution at the
earliest possible hour.
Mr. MANSFIELD. I may say to the
Senator from Oregon that the Senate,
likewise, should wake up to its responsi-
bilities and should recognize the fact
that what we are considering today is a
resolution which will not, under any con-
ditions, be sent to the White House.
This is a matter for Congress itself to
decide. I think Congress can take care
of its own housekeeping, and is fully
capable of rendering its own decisions
and making its own judgments.
Mr. MORSE. I completely agree with
that comment. One of the reasons why
I am one of the cosponsors of the con-
current resolution is that it is long over-
due that the Congress of the United
States should assume'its clear responsi-
bility in this matter. We should pro-
teed, without any hesitation, to give the
people of the country a service they are
entitled to have from us, by adopting the
concurrent resolution, thus bringing the
CIA under the surveillance of the Con-
gress, and putting an end to this type of
government by secrecy on the part of
the President of the United States.
Mr. MANSFIELD. I thank the Sena-
tor.
Mr. LANGER. Mr. President, will the
Senator yield?
Mr. MANSFIELD. I yield.
Mr. LANGER. I wish to agree fully
with the viewpoints of the distinguished
Senator from Montana.
ExmIRIT I
[From the Wall Street Jourat of January 27,
1956
THE LONE JUDGE
Mr. Allen Dulles, head of the cloak-and-
dagger Central Intelligence Agency, opposes
a bill now before the Senate which would
create a congressional watchdog committee
for CIA.
The bill would empower a 12-man commit-
tee drawn from the House and Senate Armed
Services and Appropriations Committees to
ask CIA how it's doing in intelligence mat-
ters and where the money's going that it
spends. These are questions Congress can-
not now ask.
Mr. Dulles doesn't like the idea; he says
that if the bill becomes law there might be
leaks of Agency secrets from the committee
which might endanger the plans and pro-
grams of CIA. We can recall no important
leaks from the Joint Congressional Atomic
Energy Committee which watchdogs the AEC.
Apparently a number of Senators don't
agree with Mr. Dulles' ideas on the subject.
Thirty-five of them sponsored the watchdog
bill under which Mr. Dulles will have to leak
some information to the Congress which cre-
ated the secret agency. Mr. Dulles may make
no mistakes in assessing intelligence; but he
should not be the lone judge in matters that
have to do with the intentions of other na-
tions for war or peace.
[From the Butte Standard of January 29,
19561
OUR INTELLIGENCE HAS BEEN FOUND WANTING
A Hoover Commission task force looked
into the operations of the highly secretive
Central Intelligence Agency last spring and
came up with this conclusion: "The task
force is deeply concerned over the lack of
adequate Intelligence data from behind the
Iron Curtain."
The task force also found: "Effective In-
telligence has become increasingly necessary
for our protection against propaganda, in-
filtration and aggressions of the Communist
leaders. By trial and error, study and skill,
we have made progress; but we must not
labor under any complacent delusions."
Reflecting upon this incident, as well as
upon the fact that not all of the Hoover com-
mission's recommendations have been car-
ried out, might cause one to wonder if lack
of intelligence about what is happening be-
hind the Iron Curtain Is not the direct cause
of a lot of disorder in Washington.
The number of contradicting statements
relative to the armed strength of the Soviet
Union would indicate that we don't know
very much about what the Soviet has. This
fact could easily be the cause of much of the
disunity in our own defense department.
If a commander is In the dark about what
kind of opposition he is likely to run into,
he is In a smilar manner in the dark as to
how to prepare for the contngency of con-
flict.
So, It seems that our intelligence may be
at fault, although the Hoover Commission
task force found at least 12 major depart.
ments and agencies dealing in int igence
in one form or another.
The lack of knowledge would simil- rl? have
a blighting effect on the conduct cif our for-
eign policy. It might even cause , war,
whereas if our intelligence had be r. more
compete war could have been avoid d
One of the recommendations ma- oy the
task force was that the President a -'point a
committee of experienced citisens tc ;;};amine
and report to him periodically on to - v. ork of
the Government foreign intolligen e activ-
ities. It was directed that the ?in sident
might make public such findings Fie saw
fit.
Such a committee has just been 'anointed
by President Eisenhower. It inch-des such
personages as Robert A. Lovett, foa cnar Sec-
retary of Defense.
The other part of the recomm n+lations
made public had to do with Cor :r=,ss. It
was recommended that the Congres consider
creating a joint congressional com nittee on
foreign intelligence, similar to 'd at on
atomic energy.
It would be the duty of the tart commit-
tees to collaborate on matters of s ?e, ial im-
portance to the national security,
Congress as yet has not acted.
There was still a third part of t:je Hoover
Commission report which dealt v'th the
highest security classification. It was sent
directly to the President.
Needless to say, the American pe, ale would
rest easier if they knew more abort : nd had
greater confidence In our intellige, -,3 organ-
izations.
On the reverse side, it has bet demon-
strated time and again the Commi oil As have
a world-wide intelligence system w ith works
at a very high degree of effl,'iency
[From the Washington Evening S' _r of Feb-
ruary 20, 195-;1
CIA LEADERS ARE COOL TO WA',, m ooG
PROPOSAL
(By Richard Frykiundl
The Central Intelligence Agent nathusi-
astically obeys the law which imr, s' s strict-
est secrecy on its activities, but o Agency
still is subject to the scrutiny ' several
outside executive and congresslo Cl .groups.
Soon-possibly Wednesday-a crup with
the sole function of watchdoggi, the CIA
Is expected to get Senate Rules --"cmmlttee
approval.
Backers of the watchdo corr -xi'ttee say
that while it is true that four et -: pressional
subcommittees, the Budget Bar -aa and a
new presidential commission all Tt look at
some facets of the CIA, no cc - fressional
group keeps a close, constant t neck on it
the way the Joint Atomic Energy =)mmittee
watches the also-secret Atomic E aergy Com-
mission.
COOL TO SCRUTINY
The CIA is reported to be cool tiward the
watchdog idea. But perhaps ti- Host dis-
tasteful part of the expected Wes Com-
mittee approval of the bill will k - ' he public
attention sure to follow.
The job of the CIA is to gather `r telligence
and coordinate the Intelligence c.ivitles of
more than a score of othec ages: its.
The genesis of the CIA goes bm. o the day
Japanese bombs shattered then I king calm
at Pearl Harbor, December 7, 1941 American
intelligence agencies knew tIa raid was
coming, but the information wa,. n:wer prop-
erly?used.
To protect against future Pea I `larbors, a
National Intelligence Authority vas set up
immediately after the war boa" created a
Central Intelligence Group that raw into the
Central Intelligence Agency. T e job of the
Agency Is to gather foreign :r telligence,
which Includes spying in th 1 radltional
-sense as well as research int -nore con-
ventional sources; coordinate tatelligence
activities of other agencies, and zs;emble the
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E
material in usable form and deliver it to the
policymakers in time.
April 9
Once you are there, however, you cannot "Such a committee would not pass on
enter any building unless you're on b
i
us
ness much ifti
.normaon either," Mr. MCCARTHY
WEEKLY MEETINGS Security restrictions inside, of course, are said, "but it could assure other Congress- .
Director of Central Intelligence Allen maximum. No visitor wanders through the men and the public that the CIA is operat-
Dulles meets once a week with the heads of halls alone. Guards are everywhere. Ing efficient)
Army, Navy, and Air Force intelligence, the Much of the work-perhaps 90 ercent- y ?
National Security Agency, the Federal Bu- i ncWhether e organizthe CIA is i topflight yjudi-
reau of Investigation, the intelllgence see- is. ts-fo rgn publicatio s, ph ne does- cous o a is in a si na posi its money ucb-
mantis-fore) n phone backs, ciously, n no one Ys tion to say
pub-
tions of the executive departments, to draw technical journals, newspapers, and the like. licly. Most criticism s necessarily unin-
up summaries of latest estimates of a po- It la not the material, but the way it is put formed, and the CIA never answers back
tential. enemy's capabilities and to predict together and the conclusions that can be openly.
the potential enemy's probable course of drawn that are important. Allen Dulles, Director of Central Intent-
action. A minor number of employees are engaged genre, will sometimes call a critic in for a pri-
These estimates-and often vigorous dis- in cloak-and-dagger activities abroad. vate chat or will drop a note of protest to
senting opinions-are taken the next day to NO DOMESTIC FUNCTIONS the editor of a paper which he thinks has
the National Security Council by Mr. Dulles. The CIA has no domestic function., accord- attacked the CIA injudiciously.
Sitting on the council are President Eisen- Ing to the law, but every once in a while a The most authoritative criticism hascome
hower, Vice President Nixon, Secretary of CIA man turns up with a bit of domestic in- from the Hoover Commission task force,
State Dulles, Secretary of Defense Wilson, telligence-such as the time an agent re- headed by Gen. Mark Clark. The group was
and Office of Defense Mobilization Director ported erroneously that Far East specialist given full access to CIA secrets. In a public
Arthur S. Flemming. Owen Lattimore was about to leave the report filed last June (there was another
How the CIA arrives at the intelligence -country. classified report given to the President) the
estimate and the nature of the estimates Job applications are mistrusted-they Commission gave the CIA this indorsement:
themselves are things the potenial enemy might be from Communists trying to gain "On the basis of its comprehensive studies
would very much like to know. To guard entry-and the Agency likes to seek out its the task force feels that the American peo-
that information, the CIA was given unpre- own prospective employees. Higher echelon ple can and should give their full confidence
cedented powers of secrecy by Congress, workers are recruited throw h and su
CAN SET OWN PAY SCALES tact. g personal con- pport to the intelligCnce program."
The 1947 act setting up the' agency spec!- Of all persons who formal) a 1 f j Dmere B alsso thoD t CITED
ea that the director need not make) his with the CIA, more than 82 pecent arere- dismiss there were ese
specific crltf-
flspendinpn obl c or idenla explain t agency's or- ject de personnel r e a full Bl iaals. Director Dulles has taken on too many
the y Its pcrs. Mr. Y Ye mi st uo go burdensome duties and responsibilities him-
g
Its a izatiods rf operation or ifs tourees. Mr, Ecurity very chetoeck. self.
Dulles can hire or fire whom he pleases and As director of Central Intelligence, Mr. There is not enough concentration on col-
set his own salary scales. He can bring as Dulles' brother of the Secretary of State, as lection of intelligence information from be-
many as 100 unidentified aliens into this head of the CIA and coordinator of all Gov- hind the Iron Curtain.
country every year, and he can hand out ernment intelligence activities, Mr. Dulles, The glamour and excitement of some
bribes to foreign code clerks or finance beau- 62 years old, has-had a lor.;g career in dipl0- aspects of the work sometimes overshadows
tiful blonds in Vienna apartments. macy, international. law and spying. His ex.- other vital functions.
There are some checks on the CIA, how- ploits as an OSS agent in Switzerland dux- There is not enough machinery available
ever. The agency is directly under the Presi- ang World War II have become spy-thriller for outside surveillance of the CIA.
dent and the National Security Council and classics.
must justify its activities there. And the He is as friend)Y and shegge $ St. Beg On the first ginto the Hoover Commis,
CIA bud et must be defended in detail be- s d baggy - clan der whistling iheo the wind. ter. Dulles,
g Hard, dresses in rumpled tweeds anti considered one of the world's master intelli-
fore a small group of Budget Bureau ofii- sweaters, and gestures with a pipe. His ap- gence experts by the cognoscenti, loves his
cials, pearance creates two impressions valuable
An eight-man board of consultants was to him: He is a man you can trust; he has work and is Hat about to turn the sun over
named
b
to Bub
Pr
id
di
y
es
ent Eisenhower last month
to review semiannually the work of the CIA.
Its chairman is Dr. James R. Killian, Jr.,
president of Massachusetts Institute of Tech-
nology.
Te has set UP shop with sall
staff in the ex cutive offices building,aItnwill
report directly to the President, and only
a few innocuous parts of each report will
be made public.
The CIA also is checked by four sub-
committees of Congress, made up of 17 Con-
gressmen, the senior members of the House
and Senate Armed Services and Appropria-
tions Committees.
The CIA tells the appropriations subcom-
mittees as much as they want want to know
about the agency's budget. Figures are not
made public. They are concealed in the pub-
lished Federal budget, in fact, by being
scattered through appropriations for other
agencies.
GET COMPLETE ANSWERS
The Armed Services Subcommittees receive
intelligence reports and complete answers,
according to Senator RUSSELL, to all ques-
tions asked about CIA activities.
The annual spending of the CIA is known
only to the Appropriations Subcommittees.
Many guesses have been made-ranging from
a few hundred million dollars a year up to
more than a billion. But the Hoover Com-
mission said other intelligence agencies out-
spend the.CIA, so it is perhaps a fair guess
to say the, CIA budget is around $100 mil-
lion and that the agency employs about
15,000 full-time persons.
(HEADQUARTERS NO SECRET
Headquarters of the agency is a group of
aged brick b
v___._
uil
It
o
110thing to hide. r
nates. If anything, he has as-
Mr. Dulles' deputy is Lt.. Gen. Charles P. sumed more responsibilities since the Clark
Cabell, formerly director of the Joint Staff report.
of the Joint Chiefs of Staff and Intelligence Mr' Dulles doesnot tense up under respon-
d irector of the Air Force. He s 50 Years old, assume mo orere w work tirk than cou an cou he can safely
ld another ad-
Head oP the CIA's technical intelligence icy mume inistrator.
a former Harvard law professor, Robert
Amory, Jr. He is 39. REDS TOUGH To PENETRATE
The quality of intelligence from the Soviet
[From the Washington Evening Starr of Union, Red China, and the satellites does not
February 21, 1958j satisfy Mr. Dulles. The Communist coun-
PRODUCT or CIA EXPENSES QUERIED ON tries are tougher to penetrate than Germany
CAPITOL HILL was during World War II, and spying there
Several Congressmen who are not on I of
the 4 unpublicized subcommittees which
have contact with the Central Intelligence
Agency want to know if the country is get-
ting its money's worth out of the supersecret
organization.
"The average Member of Congress knows no
more about the CIA than what he reads in
the papers," said Representative MCCARTHY,
Democrat of Minnesota, "We don't know
how much the group spends or what ft pro-
duces, and that disturbs many of us.
""I doubt if even Chairman VINSON, of the
Armed Services Subcommittee on the CIA,
knows enough about the Agency-bpd, of
course, what he does know he quite prop-
erly keeps to himself."
Neither Representative 14CCARTHY nor
other backers of bills to set up a House-
Senate committee to "watchdog" the CIA
want the Agency's affairs made
ublic N
p
or
, do they believe the CIA s grossly maladmin-
istered.
CHECK IS SOUGHVP
s ?oca ion Is no secret. Any cab driver can - Rod t they do believe that the interests of
take you there if you just ask for the Central Comm~tee keep a c ntinual c ecks onthe
Intelligence Agency. CIA:,
6luoulng
always will be with the CIA. Employees have
no reward except their Government salaries
and inward satisfaction. The occasionally
exciting assignment is what keeps many em-
ployees on the job.
A Hoover for a Pre ids tial panel to exam ne the CIA
periodically was approved by Mr. Dulles, and
the panel is now operating. Another recom-
mendation for a congressional watchdog
committee has been Ignored officially by
the CIA.
Senator MANSFIELD, author of a watchdog
bill scheduled to be approved by the Senate
Rules Committees tomorrow, believes that
Mr. Dulles opposes his bill on two grounds:
The present intermittent contacts with con.
gressional committees are very satisfactory,
and the more persons who know about CIA
activities, the more difcult it will be to
maintain secrecy.
SUCCESS AND FAILURE
The proof of the CIA pudding lies, of
course, in the eating. What are the suc-
cesses and failures of the group?
Again one runs into uninformed opinion
and "no comment." Critics say the CIA
muffed the Red Chinese invasion of North
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Korea, the release by South Korean Presi-
dent Rhee of the Red prisoners of war during
the truce negotiations and the recent Soviet
economic pentration of South Asia. They
say the CIA has lost friends for America in
Burma by maintaining a group of Nationalist
Chinese guerrillas there, and the CIA agents
have messed unsuccessfully in palace revolu-
tions in several countries.
These are the answers:
No one knows when the CIA muffs because
the Agency's responsibility ends when it has
gathered and evaluated the intelligence. If
this country was caught off base in North
Korea, it may be because men responsible for
policy and action did not properly use the
intelligence available.
There are some well-known successes. The
CIA is credited with the overthrow of the
Red-oriented government of Guatemala and
the Iranian regime of Premier Mossadegh.
In both instances, apparently, CIA agents
helped organize and supply the opposing,
more democratic, forces.
STILL HAS BUGS IN IT
The CIA is a new agency, organized in 1947,
so it certainly has bugs to be worked out.
Its biggest administrative problem is per-
sonnel. Mr. Dulles pays civil-service wage
scales, yet he needs employees of high in-
tellectual quality. A young man who can
get money, public prestige, and the admira-
tion of his wife by doing a good job in law
or business has little inclination to bury his
talents In the CIA-where he can't even boast
to his wife.
Relatively low pay and complete anonymity
has lost many good men for Mr. Dulles. The
Director is sufficiently worried about it that
he personally examines the problems of all
persons above clerical level who submit resig-
nations.
He does not expect to solve the personnel
problem. He hopes to ease it by making
working conditions more attractive. That is
why he wants a new campus headquarters for
the CIA in a pleasant residential area near
Langley, Va.
Security within CIA walls is a constant
problem. The Hoover Commission said,
however, that the CIA handles it well-that
there apparently has been no effective Com-
munist penetration of the agency. Lower-
level employees have been dusted, however,
for alleged subversive associations.
There comes a final area of criticism: The
trivial secrecy rules that are always good for
laughs at Washington cocktail parties.
CAN'T REVEAL JOB
Except for a half dozen topmost employees,
CIA workers are not permitted to say pub-
licly where they work. So frequently when
a group of Government people get together
to talk shop there will be one man in the
crowd who will say, "I can't tell you where I
work," The group laughs and says, "CIA."
When one telephones the CIA-the num-
ber is in the book-an operator answers with
the phone number, under the impression, it
seems that she can keep secret the outfit one
is calling.
And the CIA used to get along without an
identifying sign on the gate--despite the
fact most any cab 'driver can take a pas-
senger there without directions.
The CIA knows everyone is laughing, but
maintains there are good reasons for the
cloak and dagger stuff. What the reasons
are ,specifically, it won't say, but apparently
the agency believes a few extra precautions
are worth the general merriment.
[From the New York Times of February 22,
1966]
GOP SENATORS BACK CIA CHECK-POLICY
GROUP BRUSHES ASIDE EISENHOWER'S OP-
POSITION TO CONGRESSIONAL GROUP
WASHINGTON, February 21.--Senate Re-
publicans brushed aside today President
Eisenhower's objections to a special Con-
gressional committee to check on the Cen-
tral Intelligence Agency.
. They indicated that they would give
active, and possibly unanimous, support to
the basic principle of a bill by Senator MIKE
MANSFIELD, Democrat of Montana, calling
for a CIA committee similar to the Joint
Congressional Committee on atomic energy,
which keeps watch on the Atomic Energy
Commission.
The intelligence agency gathers world-
wide information on action and intentions
of other nations.
The Republican Senators obviously were
miffed by what they regarded as the Presi-
dent's implied lack of trust in Congress'
discretion in handling super-secret intelli-
gence matters.
President Eisenhower created a special
eight-man citizen's commission on the
CIA in January, but it contained no Mem-
bers of Congress. It also was directed to
report directly to the President with no
provision for congressional review.
Senator STYLES BRIDGES of New Hamp-
shire, chairman of the Senate Republican
Policy Committee, told reporters after the
regular weekly luncheon of all Republican
members that the group had been advised
the President was "very much opposed".. to
the MANSFIELD bill.
"He [the President] said it was too sensi-
tive for Congress to take. it up," Senator
BRIDGES declared.
BRIDGES NOT IMPRESSED
Senator WILLIAM F. KNOWLAND of Cali-
fornia, the Senate Republican leader, told
the policy group of the President's views.
Senator BRIDGES said that the news did not
impress him, nor did it have any noticeable
effect on other Republican members.
. Senator BRIDGES declared that most of his
colleagues seemed to believe the President,
in his creation of the citizens' advisory
board, had indirectly suggested that Intelli.
gence bearing on this country's security was
"too delicate" for Congress to handle.
He said that this implication that out-
siders were more to be trusted than Mem-
bers of Congress had "annoyed" the Sena-
tors and brought them "much nearer" the
Mansfield bill. The measure already has
34 cosponsors on both sides of the aisle.
As matters now stand, the CIA is the only
major Federal agency over which Congress
exercises no direct and formal control. Its
budget and its personnel lists are classified,
and the only supervision Congress exercises
is through subcommittees of the Senate and
House Appropriations and Armed Services
Committees, Even these receive only
sketchy reports on the agency's activities.
ALLEN DULLES OPPOSES MOVE
The Director of the Agency, Allen W.
Dulles, a brother of John Foster Dulles, ec-
retary of State, has argued against creation
of a congressional committee on the ground
that members might leak vital secrets to the
press.
Senator MANSFIELD and other Members of
Congress have retorted that members of the
Joint Atomic Energy Committee have not
leaked information about the activities of
that highly sensitive agency.
The Mansfield bill would create a 12-man
joint committee, to be composed of 3 mem-
bers each from the House and Senate Armed
Services and Appropriations Subcommittee.
It would be empowered to maintain a con-
stant check on the budget, personnel, and
general activities of the Intelligence Agency.
The Commission on Organization of the
Executive Branch of the Government recently
urged creation of a permanent bipartisan
commission on intelligence that would in
cludes Members of both Houses of Con-
gress and other public-spirited citizens
? * ? empowered by law to demand and
receive any information it needed for its
own use.
5301
[From the Washington Dais,: hews of
February 25, 1951x1
- THIS ONE Is ESSENT.C,
In its report on our intellige' If agencies,
and more particularly the Cer,tril IntellY-
gence Agency which is overall ' dog, the
Hoover Commission said in e. e. t we are
pretty fair. But-
It was deeply concerned abou the lack of
adequate information from bei ,d the Iron
Curtain.
And it went on to report of aer findings
Which led to the conclusion tha our intelli-
gence is not as good as it ought to be. It
ought to be superlative.
"Intelligence," said the Hoove i ask force,
"deals with all things which shovid be known
in advance of initiating a cours of action."
Whatever we do, militarily, politically,
diplomatically, economically, it world af-
fairs, is hit or miss unless it s based on
facts.
Our ability to exist and sur ave In this
kind of world depends on aescmoling the
facts, faithfully, and promptly, ind then
on correct evaluation of the facts. There is
evidence that we have missed on ,o h points,
too often.
That could be fatal.
The Central Intelligence Ages y Is a big,
top secret, costly operation. N sb ,dy in it
will tell you the time of day. We don't want
'em to, But-
"The people who support these (-Derations
are entitled to assurance that he invest-
ment is paying dividends."
So said the Hoover Commission. to, In ef-
fect, said President Eisenhower, who then
appointed an independent, civilian commit-
tee to keep watch on the CIA. A,c i.ble com-
mittee, too.
Now the Senate Rules Com uttee has
cleared a resolution creating a Se=eete-House
committee to do the same thing: This the
Hoover Commission also recomr e icfed. It
makes good sense.
Congress ought to know whets-="r the CIA
is doing its job. It ought not to gist think
it is doing O. K. It ought to ._3I )w, posi-
tively.
This joint committee is the wi=, to know.
Senate and House should pass 'rigs resolu-
tion as an urgent safeguard of our national
interest.
[From the Washington Daily Ne sv of Feb-
ruary25, 1950]
CHECK IS URGED ON CIA
(By Marshall McIleiI)
The chief United States spy and counter-
spy bureau-the little known anc highly se-
cret Central Intellieence Agency -'its been
accus,ed by a Senate committee unques-
tionably placing itself above oth Govern-
ment departments.
The Senate Rules Committee wish this ac-
cusation has recommended -.reati x -if a per-
manent congressional committee a keep an
eye on CIA. There was one dissei e,-.
Its recommendation comes aftcr ut5 Sena-
tors and 25 Members of the douse ,eve spon-
sored' bills to provide, continuin congres-
sional surveillance of this agency it n, rse every
aspect is now, the committee said. ::clouded
with secrecy.
The pattern for the special k bitzing"
congressional committee was set ri the first
law turning our atomic-energy elterprise
over to civiilian control. The atomic "watch-
dog" committee is generally regar ieo as hav-
ing done a first-class job in keep n;- an eye
on our atomic advances.
In World War I, the Rules Comr_dtiee said,
the United States "had no intellics., ce serv-
ice equal to the name." Eetwee the two
World'Wars, reliance in this field IS placed
upon the military services and the State De-
partment.
As World War TI started, the O; Ac, of Co-
ordinator of Information was set u l- col-
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5302 CONGRESSIONAL RECORD.- SENATE April 9
lect and analyze information bearing upon in the Milwaukee Journal on March 6. 1956,
national defense. This was transformed into entitled "Some Congressional Control Over
the Office of Strategic Services. In 1947, Con- CIA Is Not Impractical."
grew established the National Security tloun- During the last 3 years I have exerted re..
cll. and under it the present CIA. peated efforts on behalf of the proposal to
Although it has immense powers, world- establish a joint Committee on Intelligence
wide operations, and many millons to spend, Matters. I have first outPned my proposal
CIA is listed with four lines of type in the on this subject In House Concurrent Resolu.
Congressional Directory. These give its Lion 169, 83d Congress, and reintroduced it,
name, main address and telephone number, In an amended version, in House Concurrent
and the names of its two bosses: The Direc- Resolution 28, 84th Congress, together with
for,-Allefi W. Dulles, brother of the Secretary over a score of my distinguished colleagues.
of State, and the Deputy Director, Lt. Gen. It is my sincere hope that the House Rules
C. P. Cabell, an Air Force officer. Committee will report House Concurrent
The Rules Committee found these studies Resolution 28 in the near future.
insufficient. "It is not enough." its report "`SOME CONGRESSIONAL CON'rB.OL OVER CIA IS Nor
says, "that CIA be responsible alone to the IMPRACTICAL
White Douse or the National Security Coun- ?'FOr several years there has been a rash of
hared
d b
e s
cif. Such responsibility shoul
resolutions in Congress calling for an agency
with Congress in a more complete manner." to watch over the Central Intelligence
It is agreed that an intelligence agency Agency, our top cloak and dagger corps.
must maintain secrecy to be effective," the "The second Hoover Commission called for
Rules Committee said. "There is, however, the same thing. It suggested that a small,
a profound difference between an essential permanent Commission composed of a bipar-
degree of secrecy to achieve a specific purpose tisan representation from Congress and dis-
and secrecy for the mere' sake of secrecy. tinguished private citizens handle the job.
Secrecy now beclouds everything about CIA. "President Eisenhower has gone halfway.
its cost, its personnel, its efficiency, its fail-
ures, its successes.
"The CIA has unquestionably placed itself
above other Government agencies. * ? * It
is difficult to legislate intelligently if there
is a dearth of information upon which Con-
gress must rely ? ? ' to protect the public
? ? '."
welfare
[From the San Francisco Examiner of Feb-
ruary 28, 19561
ANOTHER Loos
President Eisenhower is reported to be
very much opposed to a bill sponsored by
Senator MANSSIELD of Montana, and already
approved by the Senate Rules Committee,
which would set up a joint Senate-House
"watchdog" committee to check on the op-
erations of the Central Intelligence Agency.
If this is true, we think the President
should take another look at the matter..
He is right that the CIA is a sensitive op-
eration, being mainly concerned with what
goes on secretly behind the diplomatic and
military scenes at international levels.
But immunity from scrutiny is a danger-
ous thing to grant under any- system of gov-
ernment, and it is particularly repugnant in
a democracy where the people are the mas-
ters rather than the servants of Government.
It seems to borrow a page out of the book
of rules of the - authoritarian state, to sug-
gest that neither the people nor their repre-
sentatives in Congress are entitled to hold
any agency of Government accountable for
its acts and expenditures.
Every bureaucrat covets that immunity,
and Most bureaucrats think they could do
better jobs under it, and perhaps there are
even some who could be safely entrusted
with its.
But the bureaucratic aspiration to be free
of all responsibility to the people is always
the forerunner of tyranny, because it not
only gives freedom of action to the sincere
and the worthy but it also provides a cover
for the mistakes and crimes of the inefficient
and the corrupt.
There are many so-called sensitive agen-
das in Government, Including the Federal
Bureau of Investigation, but it is doubtful
If blank check authority would increase their
usefulness to the Nation.
[From the CoNGRESSroreAL nrcoaa of March
12, 1958]
CONTROL OVER CIA Nov IurxAcrrcm
(&xtension of remarks of Hon. OLFarmT J.
ZAntocss, of Wisconsin. In the House of
Representatives, Thursday, March 8. 1956)
Mr. ZASLOCK!. Mr. Speaker, under leave to
ei[tend my remarks inThe Rsooao, I wish to
recommend to the attention of the member-
ship of this body an editorial which appeared
He recently named a civilian Commission in
the executive branch to serve as watchdog
and report to him. But he has shied away
from letting Congress in on the act. This
hasn't stilled demands that Congress take a
hand in watching an agency for which it ap-
propriates money. Senator MANsFtELn, Dens-
ocrat, Montana, has come up with a bill to
create a jointcommittee of both Houses of
Congress to work with the CIA. The Senate
Rules Committee has agreed to congressional
action on the bill and it has attracted a large
measure of support.
"The Hoover Commission painted out that
the CIA, because it needs a large degree of
secrecy to operate, is exempted by law from
rules that control other Government agen-
cies. For instance, the GeneralServices Ad-
ministration, the Government's housekeeper,
has no control over CIA at all. CIA is ex-
empted 'from compliance withany provision
of law limiting transfers of- appropriations;
any requirements for publication or disclo-
sure of the organization, functions, names,
official titles, salaries, or numbersof person-
nel employed by the agency; and any regula-
tions relating to the expenditure of Govern-
ment funds.'
"Such exemptions are, by and large, prop-
er. The Atomic Energy Commission has sim-
ilar exemptions. But Congress does have to
appropriate funds for the CIA. It created the
Agency and set its scope of activities. Surely
someone in Congress should be given at
least peek enough to make sure that CIA is
operating efficiently and properly. This is
particularly true because of criticisms-some
from the Hoover Commission itself---of some
shortcomings in CIA.
"The AEC, which hoards secrets, too, has a
joint congressional Committee which is
given enough of a picture to judge whether
the organization is handling Government
funds properly. The joint committee has
worked exceedingly well, and without weak-
ening national security. The same sort of
committee could do the Same sort of job for
CIA. It wouldn't have to be told every-
thing-and shouldn't.
"But Congress ought to be able to deter-
mine whether the dagger is being kept sharp
and the cloak is kept cleaned and pressed
and buttoned. It's basic that Congress, with
control of the purse, must get enough in-
formation to make an informed judgment on
how the purse is expended.
"That's all MANBFizLD and others want-
and it's little enough to ask."
[From the Wall Street Journal of January
i8, 19513]
A CHECK ON THE WATCE
Recently President Eisenhower announced
the appointment of a committee of eight
citizens to serve as watchdog over the Cen-
tral Intelligence Agency. Their duties will
be to review periodically the workings of
the supersecret CIA and report their sug-
gestions and give their advice to the Chief
Executive. So far so good.
But there is a serious question whether
the authority of the committee goes far
enough. The CIA is clothed in such secrecy -
that even the Congress cannot ask about
its inner activities. By law it can withhold
even such- obviously unimportant informa-
tion as the salaries of its top officials. Its
adventures are known only to a few people.
The gentlemen serving on Mr. Eisenhower's
committee will have neither power nor con-
trol over CIA. And there is a question how
much they will be permitted tolearn under
the Agency's broad charter.
There is the further question whether this
committee will be able to make public any-
thing they may learn about CIA doing the -
wrong things or not doing enough of the
right things. The reports are to go to the
executive department and no executive de-
partment under whatever administration
likes to see errors or shortcomings publicly
revealed. In the case of CIA, an Executive
order could clothe in secrecy whatever the
watchdog committee thought should be re-
vealed even from the Congress on the ground
that revelation might injure the country.
It has been said that the appointment of
the committee follows the suggestion of the
Hoover Commission. The fact is that it does
not. The Hoover Commission suggested a
bipartisan committee including Members of
both Houses of Congress empowered by law
to ask and get whatever information it
thought necessary to aid, guide, or restrain
CIA.
Though nearly everything CIA does is se-
cret, there is no secret about one thing.
CIA is run by men, and though the men who
run it may be more intelligent than other
men they still may make mistakes as do all
other men. Blight errors in Intelligence as-
sessment may not, individually, amount to
a very great deal; collectively, they could
have the most serious consequences. To set
a national policy on a wrong course because
of compounded errors could be more danger-
ous than no intelligence agency at all.
We hope no one will read into these re-
marks a suggestion that CIA run off carbon
copies for all who ask about its activities;
that would be as silly as it would be unwise
to leave CIA answerable only to itself.
Neither do we suggest that CIA is not
doing its job properly; we could not so sug-
gest, for even the Congress does not know
whether it is or not. And that is precisely
our point.
Surely the Congress, with Its power to de-
clare war, has a responsibility to watch
carefully over an agency it created to stand
watch in that shadowland between peace and
war.
[From the New York Times of January 15,
1956)
WATCHDOG OF THE CIA AN EVALUATION OF
THE PazsmzNT's -ACTION IN NAMING BOARD
To REVIEW INTELLIGENCE
(By Hanson W. Baldwin)
The President's appointment last week of
an eight-man board to review periodically the
Nation's intelligence activities Is a step in
the right direction. But unfortunately it
does not go far enough.
The establishment of the citizen's commis.
slop was approved by Allen W. Dulles, Direc-
tor of the Central Intelligence Agency. The
action will be interpreted on one hand as an
attempt to head off the establishment of a
congressional watchdog committee on the
Intelligence Agency. On the other hand it
lends tacit support to frequent and repeated
criticisms of Our intelligence services, par-
ticularly of the CIA.
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 Approved For Release 2005/06/22 : CIA-RDP71B00364R000600050001-6
1956 CONGRESSIONAL RECORD - SENATE 5303
The recent Hoover Commission report on
intelligence activities recommended the es-
tablishment of a permanent bipartisan com-
mission on intelligence. But it suggested a
different form from that announced last
week.
The Hoover Commission urged the Inclu-
sion of "Members of both Houses of the Con-
gress and other public-spirited citizens ' ? ?
empowered by law to demand and receive any
information it needed for its own use."
The President's board has no congressional
members. Although it has executive author-
ity for support it does not have the legal
authority that congressional enactment
could give. In other words, it is not powerful
enough or broad enough. Nor will it have
sufficient continuity.
CIA' UNDER CRITICISM
Nevertheless the reputation, experience,
and character of the eight appointees, who
include Robert A. Lovett, former Secretary of
Defense, give promise that the board will, in
fact, as the President suggested, "make a real
contribution to the task of Government." It
is well fitted to take a fresh outside look at
intelligence, even though it has no authority
and will be able merely to suggest and advise
rather than to control and supervise.
But there have been so many intelligence
failures, so much friction, and such sharp
criticism, particularly of the CIA, that the
appointment of the citizens board should not
preclude the establishment of a continuing
and permanent congressional watchdog
committee.
Such a committee could act, in the same
manner as the Joint Congressional Atomic
Energy Committee, as purse watcher, super-
visor, guardian, sponsor, and defender of the
CIA. It could give a constant and more thor-
ough supervision to our intelligence activities
than could any periodic check.
The two committees, working together,
would be mutually supporting. They should
insure as far as human, checks and balances
can do, a proper support for, and control of,
our powerful intelligence organizations.
This the citizen committee alone cannot do.
The need for such support and control
should be obvious. As the President said,
"prompt and accurate intelligence is essen-
tial to the policymaking branches of Govern-
ment." But it is more than that. It could
mean national life or death in the atomic
age.
On the other hand, uncontrolled secret
intelligence agencies are in a position to
dominate policymaking, and hence govern-
ment. Their very secrecy gives them power;
there are few to accept or reject their find-
ings. Their facts do not pass through the
sieve of congressional debate or public in-
quiry. Few, even in the executive branch,
know what they do.
The CIA, for instance, by the very breadth
of its charter, Is beyond the normal checks
and balances of the law. An overpowerful
secret intelligence agency Is dangerous, not
alone to the formulation of sound policy, but
to the viability of democratic institutions.
RECORD IS SPOTTY
The intelligence record of the Nation and
of the Central Intelligence Agency in par-
ticular is spotty. There have been notable
successes but also notable failures. The
Hoover Commission's public critique was po-
litely critical of some of our shortcomings.
The secret report of the same Hoover Com-
mission task force on intelligence is far more
critical.
Lt. Gen. James H. Doolittle, a member of
the President's new board, investigated CIA
and other intelligence activities in Germany
a year ago and found much overlapping and
Ineffectiveness.
Late this summer, Maj. Gen. Arthur G.
Trudeau, Assistant Chief of Staff of the Army
for Intelligence, was relieved after Mr. Dulles
had sent a long and detailed bill of com-
plaints against General Trudeau to the
Pentagon.
A great many other incidents also sug-
gest that all is not well with our intelli-
genco establishment.
It can only profit from the new commit-
tee. But it could profit more from a per-
manent congressional watchdog committee.
If war is too important to be left to the
generals. it should be clear that intelligence
is too important to be left unsupervised.
CITIZENS COMMITTEE FOR THE
HOOVER REPORT,
Washington, D. C., March 5, 1956.
Hon. MIKE MANSFIELD.
Senate Office Building,
Washington. D. C.
DEAR SENATOR: During a recent conference
'in Helena, Mont., the Citizens Committee for
the Hoover Report passed a resolution sup-
porting your Senate Concurrent Resolution 2
which implements recommendation No. 1B
of the Hoover Commission Report on In-
telligence Activities in the Federal Govern-
ment.
The attached editorial which appeared in
the February 28 issue of the San Francisco
Examiner also supports your resolution. We
would appreciate very much if you would
havethe Citizens Committee resolution and
this editorial inserted in the CONGRESSIONAL
RECORD.
Very truly yours,
ttARVEY HANCOCK,
Regional Director.
CITIZENS COMMITTEE FOR THE
HOOVER REPORT,
Washington, D. C., March 13, 1956.
The Honorable MIKE J. MANSFIELD,
United States Senate Office Building,
Washington, D. C.
DEAR SENATOR MANSFIELD: I am gratified
to learn that you are anxious to have the
views of the Citizens Committee on the
Hoover Report concerning Senate Concur-
rent Resolution 2, that you have introduced
in the Senate.
This Concurrent Resolution would create
a Joint Congressional Committee on Cen-
tral Intelligence to "make continuing studies
of the Central Intelligence Agency and of
problems relating to the gathering of in-
telligence affecting the national security and
its coordination and utilization by the
various departments, agencies, and instru-
mentalities of the Government." The Com-
mittee would be composed of six Members
from each House of Congress.
The Commission on Organization of the
Executive Branch of the Government recom-
mended in its report on Intelligence Activi-
ties:
"That the Congress consider creating a
Joint Congressional Committee on Foreign
Intelligence, similar to the Joint Committee
on Atomic Energy."
This recommendation was based on a de-
tailed study of our intelligence activities that
was made for the Commission by a group
of eminent citizens. This group pointed out
concerning the Central Intelligence Agency
that:
"The act" (creating it) "exempts the
Agency from compliance with any provision
of law limiting transfers of appropriations;
any requirements for publication or dis-
closure of the organization, functions,
names, official titles, salaries, or numbers of
personnel employed by the Agency; and any
regulations relating to the expenditure of
Government funds. " ?
"The task force fully realizes that the
Central Intelligence Agency, as a major
fountain of intelligence for the Nation, must
of necessity operate in an atmosphere of
secrecy and with an unusual amount of free-
dom and independence. Obviously, it can-
not achieve its full purpose if subjected to
open scrutiny and the extensive checks and
balances which apply to te average govern-
mental agency.
"Because of its peculiar p,,sitlon, the CIA
has been freed by the Cor r- ss from outside
surveillance of its operat'.oiis and its fiscal
accounts. There ie a.lwc -, s a danger that
such freedom from restr, nts could inspire
laxity and abuses which +..ht prove costly
to the American people."
Thus, this group of a 'ie citizens found
that there was no effccti.-e control over in-
telligence agencies. On -rr inciple. such a
situation is undesirable, tut in addition the
task force found that there were defects in
the organization and fun, ?iu 'n of our intelli-
gence agencies. Th,is it c=nAuded that:
"The task force is dee: y concerned over
the lack of adequate int aligence from be-
hind the Iron Curtain. Groper directional
emphasis, aggressive leade Pip, boldness and
persistance are ess,,ntial :o achieve desired
results."
"The task force feels t ,if certain admin-
istrative flaws hav' dev( n.ed in the CIA,
which must be corrected a give proper em-
phasis and direction to -s basic responsi-
bilities."
These conclusions of te task force were
endorsed by the Commis
It is significant tiat th irst Commission
on Organization of the Executive Branch
of the Government in i#; :) in its report on
the National Security O;eanization recom-
mended (Recommeedatic , Ic) :
"That vigorous steps b. taken to improve
the Central Intelligent= Agency and its
work."
The Commission on Cl :,nization of the
Executive Branch cf the ;,vernment in its
1955 report on Intellige sc , Activities was
anxious that Congress hr _e adequate infor-
mation concerning the r oration of our
foreign intelligence activi it,; while still pre-
serving the secrecy req :-red for national
security.
I am pleased to inform you that the Citi-
zens Committee on the cover Report be-
lieves that House Concu rent Resolution 2,
would if enacted impleme t fully the recom-
mendations of the Comm .s