(UNTITLED)

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP71B00364R000600040004-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 39
• Document Creation Date: December 16, 2016
• Document Release Date: May 19, 2005
• Sequence Number: 4
• Publication Date: January 14, 1955
• Content Type: OPEN

ILLEGIB
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
CONGRESSIONAL RECORD'- SENATE / s ,,,nuary 14
out it, the National Security Council cannot
succeed in assessing and. appraising the ob-
jectives, commitments, and risks of the
United States in relation to our * " ?
military power, with sufficient continuity or
definiteness to constitute a practical guide
to the Military Establishment as to the size
be taken to improve the Central Intel-
i ence Agency and its work.
he purpose of the joint congressional
committee would be in a sense to safe-
guard as well as to supervise the policies
of the CIA. In my opinion the Con-
gress should, because of the very nature
of the work of the CIA, do everything in
its power to protect its activities and to
make it possible that the CIA, as an or-
ganization, will not lose its effectiveness,
and will be able to continue its extremely
important work in such a manner as to
warrant the necessary amount of free-
dom of activity and the necessary secu-
rity to perform the duties allocated to it
under the law.
Mr. President, if a joint committee is
established, CIA officials will no longer
be defenseless against criticism because
their lips are sealed.. They would have
a congressional channel to turn to. The
joint committee, in turn, could maintain
the confidence of Congress and the pub-
lic, without loss of security.
To this end, Mr. President, I submit, on
behalf of myself and the Senator from
Wyoming [Mr. BARRETT], the Senator
from Maryland [Mr. BEALL], the Sena-
tor from Indiana [Mr. CAPEHART], the
Senator from New Mexico [Mr. CHAVEZI,
the Senator from New Hampshire [Mr.
COTTON]; the Senator from Texas [Mr.
DANIEL], the Senator from Pennsylvania
[Mr. DTFF], the Senator from North
Carolina [Mr. ERVIN], the Senator from
Vermont [Mr. FLANDERS], the Senator
from Arkansas [Mr. FULBRIGHT], the Sen-
ator from Georgia [Mr. GEORGE],, the
senior Senator from Rhode Island [Mr.
GREEN], the senior Senator from Ala-
bama [Mil. HILL], the Senator from Min-
nesota [Mr. HUMPHREY], the Senator
from Washington [Mr. JACKSON], the
Senator from Tennessee [Mr. KEFAUvER],
the senior Senator from North Dakota
[Mr. LANGER], the Senator from New
York [Mr. LEHMAN], the Senator from
Michigan [Mr. MCNAMARA], the Senator
from Nevada [Mr. MALONE], the senior
Senator from Oregon [Mr. MORSE], the
Senator from South Ifakota [Mr.
MUNDT], the Senator from Montana [Mr.
MURRAY], the Senator from West Vir-
ginia [Mr. NEELY], the junior Senator
from Oregon [Mr. NEUBERGER], the
junior Senator from Rhode Island [Mr.
PASTORE], the junior Senator from Maine
[Mr. PAYNE], the Senator from Florida
[Mr. SMATHERS], the senior Senator from
Maine [Mrs. SMITH], the junior Senator
from Alabama [Mr. SPARKMAN], the Sen-
ator from Idaho [Mr. WELKER], and the
junior Senator from North Dakota [Mr.
YOUNG], a concurrent resolution to estab-
lish a joint committee on Central In-
telligence, and ask for its appropriate
reference.
The PRESIDENT pro tempore. The
concurrent resolution will. be received
and appropriately referred.
The concurrent resolution (S. Con.
Res. 2), submitted by Mr. MANSFIELD (for
himself and other Senators) was re-
ferred to the Committee an Rules and
Administration, as follows:
Resolved by the Senate (the House of
Representatives concurring), That there is
hereby established a Joint Committee on
Central Intelligence to be composed of 6
Members of the Senate to be appointed by
the President of the Senate, and 6 Mem-
bers of the House of Representatives to be
appointed by the Speaker of the House of
Representatives. Of the 6 members to be
appointed from the Senate, 3 shall be mem-
bers of the Central Intelligence, Agency Sub-
committee of the Committee on Appropria-
tions of the Senate, and 3 shall be members
of the Central Intelligence Agency Subcom-
mittee of the Committee in Armed Services
of the Senate. Of the 6 members to be ap-
pointed from the House of Representatives,
3 shall be members of the Central Intelli-
gence Agency Subcommittee of the Commit-
tee on Appropriations of the House of
Representatives, and 3 shall be members of
the Central Intelligence Agency Subcom-
mittee of the Committee on Armed Services
of the House of Representatives. Not more
than 4 members appointed from either the
Senate or the House of Representatives shall
be from the same political party.
SEC. 2. (a) The joint committee shall make
continuing studies of the activities of the
Central Intelligence Agency and of problems
relating to the gathering of intelligence af-
fecting the national security and of its co-
ordination and utilization by the various
departments, agencies, and instrumentalities
of the Government. The Central Intelli-
gence Agency shall keep the joint committee
fully and currently informed with respect to
its activities. All bills, resolutions, and
other matters in the Senate or the House of
Representatives relating primarily to the
Central Intelligence Agency shall be referred
to the joint committee.
(b) The members of the joint committee
who are Members of the Senate shall from
time to time report to the Senate, and the
members of the joint committee who are
Members of the House of Representatives
shall from time to time report to the House,
by bill or otherwise, their recommendations
with respect to matters within the jurisdic-
tion of their respective Houses which are (1)
referred to the joint committee, or (2) other-
wise within the jurisdiction of the joint
committee.
SEC. 3. Vacancies in the membership of the
joint committee shall not affect the power
of the remaining members to execute the
functions of the joint committee, and shall
be filled in the same manner as in the case
of the original selection. The joint commit-
tee shall select a chairman and a vice chair-
man from among its members.
SEC. 4. The joint committee, or any duly
authorized subcommittee thereof, is author-
ized to hold such hearings, to sit and act at
such places and times, to require, by ?sub-
pena or otherwise, the attendance of such
witnesses and the production of such books,
papers, and documents, to administer such
oaths, to take such testimony, to procure such
printing and binding, and to make such ex-
penditures as it deems advisable. The cost
of stenographic services to report public
hearings shall not be in excess of the amounts
prescribed by law for reporting the hearings
of standing committees of the Senate. The
cost of such services to report executive hear-
ing shall be fixed at an equitable rate by the
joint committee.
SEC. 5. The joint committee Is empowered
to appoint such experts, consultants, techni-
cians, and clerical and stenographic assist-
ants as it deems necessary and advisable.
The committee is authorized to utilize the
services, information, facii.+.i, s, and person-
nel of the departments aria establishments
of the Government.
SEC. 6. The expenses of f -'e joint commit-
tee, which shall not exceeC, S per year.
shall be paid one-half fro ~r the contingent
fund of the Senate and ( re-half from the
contingent fund of the He u of Representa-
tives upon vouchers signer b / the chairman.
bisbursements to pay suet e'-penes shall be
made by the Secretary of ho Senate out of
the contingent fund of tilt 3-mate, such con.
tingent fund to be rambu .a d from the con-
tingent fund of the House :1 Representatives
in the amount of oue-ha r at the disburse.
ments so made.
CODE OF PAIR PRC Cl,' DURE FOR
SENATE INVEST (.ATIONS
Mr. BUSH. Mr. Pr iident, I submit
for appropriate refers rite a resolution
embodying a code of f; it procedures for
Senate investigations. I ask unanimous
consent that a stateme ct prepared by me
pertaining to the rest -union be printed
in the RECORD.
The PRESIDENT pro tempore. The
resolution will be rec ii red and appro-
priately referred; an !, without objec-
tion, the statement wi': he printed in the
RECORD.
The resolution (S. Fry . 22), submitted
by Mr. BusH (for iilnself and Mr.
KUCHEL) was receive) and referred to
the Committee on R iif s and Adminis-
tration, as follows:
Resolved, That rule f of the Standing
Rules of the Senate is rended by deleting
the title "Standing Con n,ttees" and insert-
ing in lieu thereof ": grate Committees",
and by inserting at t' -- end of such rule
the following:
"5. The following si ,I< be the rules of
the standing, select, at si ;pecial committees
of the Senate. (except Eu majority and mi-
nority policy cornmittr =rs i and subcommit-
tees thereof, and the errm 'committee' as
used In this subsecti >o (except in para-
graphs (a) (7) and +, (1)) means any
such committee or sue -o-nmittee:
"(a) (1) Committee: -.T;ay adopt additional
rules not inconsistent with the rules of the
Senate.
"(2) Unless otherwl e provided, commit-
tee action shall be t : vote of a majority
of a quorum.
"(3) No committee !rearing shall be held
in any place outride ti r' !)istrict of Columbia
unless authorized by ",e committee.
"(4) All hearings co-:d acted by committees
shall be open to the F. rblic, except executive
sessions for marking r,, gills or for voting or
where the committe, ,rders an executive
session.
"(5) No measure, find ng, or recommenda-
tion shall be reporter rum any committee
unless a majority of i'te committee were ac-
tually present.
"(6) No testimony l,airen or material pre-
sented in an executiv, ' ..cssion shall be made
public, either in who ,- or in part or by way
of summary, unless a horized by the com-
mittee.
"(7) A subenmmi !,ee of any standing,
select, or special con rn:tires may be author-
ized only by a major, - y vote of the members
of such committee.
"(8) Authority to rsr ue subpenas may be
delegated to the chIrman or any member
by the committee a meeting called for
uch purpose.
"(9) A majority o' the members of a com-
mittee may call a s necial meeting of such
committee by fling notice thereof with the
committee clerk, i err shall notify each
member.
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
1955 CONGRESSIONAL RECORD -- SENATE
gress, at this session, has a clear public
duty to proceed to enact legislation along
the lines of the bill introduced by the
distinguished Senator from Maine, so
that we can bring under more effective
control the traffic in narcotics in the
United States.
FAMILY-FARM BILL O.F RIGHTS
Mr. HUMPHREY. Mr. President, on
behalf of myself and the Senator from
Montana [MT. MURRAY], I i:itroduce
and send to the desk, for appropriate
reference, a joint resolution to state ex-
plicitly the long-standing national pol-
icy to preserve and strengthen the
family-farm pattern of American agri-
culture, and to set forth some guide-
posts toward achieving that policy. Be-
cause some other Senators have ex-
pressed interest in the same objectives,
I ask that joint resolution lie over for
1 legislative day, for the benefit of any
other Senators who may care to join as
cosponsors.
Since the earliest days of the Repub-
lic, the family-farm pattern of Ameri-
can agriculture has been considered as
essential to a strong democracy, and
the policy of the Nation has been to fa-
vor the establishment and preservation
of family-owned and family-operated
farms.
In this period of reexamination of
farm programs and farm legislation, it
should be useful to look first at the ob-
jectives we intend to serve, and to estab-
lish some policy guideposts against
which all proposed farm legislation can
be appraised for its usefulness In achiev-
ing our national objectives.
Ample precedent for establishing goals
ployment Act of 1946, a measure to 1atonal inapegtj,Qn of the Central Intel-
encourage an expanding economy issur- ligence Agency since the latter's estab-
ing full employment. lishment in 1947. It is conceivable that
A desirable pattern of sound and pros- as the need for an intelligence service
peririg agriculture is closely related to had been evident in 1946, the Congres-
the objective of a sound national ecan- sional Reorganization Act of that year
omy, and is necessary to maintain full would have made provisions for congres-
employment. sional participation in the committee
I ask unanimous consent that the structure of Congress. As it is now,
joint resolution be printed in the Ri:coan however, CIA is freed from practically
following these remarks. every ordinary form of congressional
Mr. President, because some other check. Control of its expenditures is ex-
Senators have expressed interest in the empted from the provisions of law which
same objectives, I ask unanimous con- prevent financial abuses in other Gov-
sent that the receipt and referral of the / ernment agencies. Each year only a
handful of Members in each House see
joint resolution be postponed to the next the
e is no
legislative day, In order to provide other appropriation fs appropriation figures. There
Senators an opportunity to join in spon- regular, methodical review w of this Agen-
soring: the joint resolution. cy, other than a briefing which is sup-
The PRESIDENT pro tempore. With- plied to a few Members of selected sub-
committees.
out objection, it is so ordered. I agree that an intelligence agency
The joint resolution will be received llxust .mairi.tain complete secrecy to be
and appropriately referred; and, without effec i. !e, If clandestine sources of in-
objection, will be printed in the RECORD. formation were inadvertently revealed,
The joint resolution (S. J. Res. 20) to they would quickly dry up. Not only
state explicitly the long-standing na- would the flow of information be cut off,
tional policy to preserve and strengthen but the lives of many would be seriously
the family-farm pattern of American endangered. In addition, much of the
agriculture, and for other purposes, in- value of the intelligence product would
troduced by Mr. HUMPHREY (for himself be lost If it were known that we pos-
and Mr. MURRAY), was received, road sessed it. Secrecy for these purposes is
twice by its title, referred to the Com- obviously necessary.
mittee on Agriculture and Forestry, and
ordered to be printed in the AxcoRw.
ITh.e joint resolution will appear here-
after in the Rscoan.)
JOINT CONGRESSIONAL COMMIT-
TEE ON CENTRAL INTELLIGENCE
Mr. MANSFIELD. Mr. President, be-
cause of the very nature of the Central
Intelligence Agency, I think that it is
imperative that a joint congressional
committee be established for the pur-
pose of making continued studies of the
activities of the Central Intelligence
Agency and problems related to the
gathering of intelligence affecting the
national security. I feel that there
should be a joint congressional commit-
tee authorized, and that the CIA should,
as a matter of law, keep that committee
fully and currently informed with re-
spect to its activities.
The need for the Central Intelligence
Agency is seldom questioned any longer
and I certainly am not challenging it
now. What I am concerned with, how-
ever, is CIA's position of responsibility
to none but the National Security Coun-
cil. I believe this should be changed. It
is true that intelligence services of other
major countries operate without direct
control of the legislatures. This is un-
derstandable in a totalitarian govern-
ment, such as the Soviet Union. It is
even understandable in a parliamentary
democracy, such as Great Britain where
the ent12,e administration is a part of
and is responsible to Parliament. Our
form of government, however, is based
on a system of checks and balances. If
this system gets seriously out of balance
at any point the whole system is jeop-
ardized and the way is opened for the
and then reviewing our progress toward growth of tyranny.
them, has been established in the Em- There has been almost Alp c =es-
ILLEGIB
283
However, there is a, profound differ-
ence between an essential degree of
secrecy to achieve a specific purpose and
secrecy for the mere sake of secrecy.
Once secrecy becomes sacrosant, it in-
vites abuse. If we accept this idea of ILLEGIB
secrecy for secrecy's sake we will have
no way of knowing whether we have a
fine intelligence service or a very poor
one.
If a new committee is set up as pro-
posed in this legislation, all bills, resolu-
tions, and other matters in the Senate or
in the House of Representatives relating
primarily to the CIA, would be referred
to the joint committee; and the joint
committee would, from time to time,
make whatever reports are necessary to
the Congress concerning its relationship
with the CIA.
This resolution would establish a joint
committee, composed of 6 Members of
the Senate to be appointed by the Presi-
dent of the Senate and 6 Members of
the House of Representatives to be ap-
pointed by the Speaker of the House of
Representatives. In each instance, not
more than 4 Members shall be of the
same political party.
The joint committee or any duly au-
thorized subcommittee thereof would be
authorized to hold such hearings, to sit
and act at such places and times, to re-
quire, by subpena or otherwise, the at-
tendance of such witnesses and the pro-
duction of such books, papers, and docu-
ments, to administer such oaths,'to take
such testimony, to procure such print-
ing and binding, and make such expend.
itures as it deems advisable. The com-
mittee is, in addition, empowered to ap-
point its staff; and is authorized to
utilize the services, information, facili-
ties, and personnel of the departments
and establishments of the Government.
Mr. President, in my opinion, the CIA
is in somewhat the-same, category as-the feJ
Atomic Energy Commission; and just as ;
a s `i'%, 1-'coiumittee, with well defined
authority and powers has been created
on a joint congressional basis to oversee
and supervise the interests of the AEC,
so I believe should a joint congressional
committee be created for the same pur-
pose in connection with the CIA. I real-
ize full well, because of the very nature of
the duties of the CIA, there there, has
been_no ublic scruti _at it. activities.
This may be necessary in this day and
age, but I do believe that a joint con-
gressional committee should be created
for the purpose of seeing that good
management is maintained in the CIA
and also to keep a constant check on its
Intelligence-policies. It is well, too, that
this joint committee should be in a posi-
tion to criticize any mistakes which the
CIA may make.
Until a committee of the kind I am
proposing is established, there will be
no way of knowing what serious flaws
in the Central Intelligency Agency may
be covered by the curtain of secrecy in
which it is shrouded. In 1949 the
Hoover Commission examined the CIA,
A task force stated that--
The Central :[ntelligence Agency has not
yet achieved the desired degree of proficiency
and dependability in its estimates. With-
2005/06/06 : CIA-RDP71 B00364R000600040004-4
 968,
pproved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
CONGRESSIONAL RECORD - SENATE Feb .v ary
J Agriculture of acreage presently al- consent that the names of the distin-
lotted but not expected to be planted. guished Senator from Ohio [Mr. BENDER]
distinguished Senator from
d th
e
Unplanted allotments usually run into an
several hundreds of thousands of acres. South Dakota LMr. CASE] may be listed
This bill provides for all farms to be as cosponsors, and so shown in any new
raised to the 5-acre minimum provided copies of the concurrent resolution which
ted
i
.
n
in the basic Agricultural Adjustment Act, may be pr
and that all remaining acreage would be The PRESIDENT pro tempore.
distributed by county committees to pre- out objection, it is so ordered.
vent hardships, especially on resident or
family-operated farms and in drought
areas.
Early consideration and relief must be
given to these hardship cases, or there
will ensue great losses and further de-
terioration of our family-sized farms.
I ask unanimous consent that the joint
resolution may be printed in the RECORD.
There being no objection, the joint
resolution (S. J. Res. 37)- was ordered to
be printed in the RECORD, as follows:
Resolved, etc., That notwithstanding any
other provision of law within 15 days after
the enactment of this joint resolution, the
Secretary of Agriculture shall estimate for
each State receiving a State acreage allot-
ment for the 1955 crop of cotton the number
of acres of such allotment which, on the
basis of previous experience, will probably
not be planted to cotton in 1955 and shall
apportion to each such State an additional
allotment for 1955 equivalent to the under-
planting so estimated. The additional acre-
age required or such apportionment shall
be in addition to the national acreage allot-
menttand the production from such acreage
shall be in addition to the national market-
ing quota. So much of such additional State
acreage allotments as may be required there-
for shall be apportioned to counties within
the purposes of
ective States for
res
th
,
p
e
effectuating the provisions relating to small
Agricul-
tural Adjustment Actf of (1938, as amended, of section 344 and any acreage remaining thereafter shall
be used to correct inequities in farm allot-
ments and orevent hardship, especially on
family-operated farms and in drought areas.
PRESERVATION OF ROCK CREEK
PARK-PRINTING OF JOINT RESO-
LUTION IN PERMANENT RECORD
Mr. MURRAY. Mr. President, refer-
ence is made to my remarks on the floor
of the Senate on February 1, 1955, as
recorded on page 874 of the CONGRES-
SIONAL RECORD of that date. Through
an oversight, I failed to request that the
text of the joint resolution I introduced
at that time, on behalf of myself, the
Senator from Idaho I Mr. DWORSHAK],
the Senator from Nevada [Mr. MALONE),
and the Senator from Oregon [Mr. NEU-
BERGER], be printed in the RECORD. I now
ask unanimous consent to have the text
of the joint resolution appear in the
permanent RECORD.
There being no objection, the joint
resolution (S. J. Res. 36) for the preser-
vation of Rock Creek Park, was ordered
to be printed in the permanent RECORD.
our national boundaries. Th ' oil-shale
deposits in the Rocky Mounta a.'. cnnsti-
tute the largest presently kn i source
of untapped energy in thew -71. It is
estimated that the proven ui 1 v'e'lo ed
reserve in Colorado alone pi)roaches
464 billion barrels of oil.
In the budget for fiscal ear 1956,
which is presently befo?:e tb Congress,
there is no provision for ths c-mntinua-
tion of the experimental erd.1e-to-oil
plant of the United States 31reau of
Mines located in Rifle. Colo. empha-
size that this is a research i I an ex-
perimental plant, not it pla! designed
to produce oil from shale in rnmercial
quantities. It is most n essary to
maintain the operation of tl cs plant in
order to continue the object; a research
program in this important en t,-,,,y source,
particularly when we in : United
States depend to such a l; ?:e extent
upon the importation of fo e_- gn crude
oil to meet the petroleum r ?eds of our
people. If there should o ci it a na-
tional emergency that wou +l threaten
the safety of our sea lanes, c.ar domestic
petroleum industry would m( =:t assuredly
be called upon to produce a n 'i"h greater
quantity of crude oil to mak ' ip for the
possible loss of oil from for(gga sources.
It seems only prudent, thi r fore, that
the United States should cot tiaue in be-
half of the public interest : -plant that
PRINTING OF ADDITIONAL COPIES
OF HEARINGS ENTITLED "INTER-
LOCKING SUBVERSION IN GOV-
ERNMENT DEPARTMENTS"
Mr. JENNER submitted the following
concurrent resolution (S. Con. Res. 9),
which was referred to the Committee on
Rules and Administration:
Resolved by the Senate (the House of Rep-
resentatives concurring), That there be
printed for the use of the Senate committee
on the Judiciary not to exceed 20,000 addi-
tional copies of parts 21. 22, 24, 25, and 28
of the hearings entitled "Interlocking Sub-
version In Government Departments", held
before a subcommittee of the above commit-
tee during the 83d Congress.
EXTENSION AND STRENGTHENING
OF WATER POLLUTION CONTROL
ACT_ADDITIONAL COSPONSOR
OF BILL
Mr. MARTIN of Pennsylvania. Mr.
added as an additional cosponsor
ut objection, it is so ordered.
PROPOSED JOINT COMMISSION ON
CENTRAL INTELLIGENCE
AGENCY-ADDITIONAL COSPON-
SORS OF CONCURRENT RESOLU-
TION
Mr. MANSFIELD. Mr. President, sev-
eral days. ago I submitted Senate Con-
current Resolution No. 2, a resolution
seeking to establish a joint commission
to look after the Central Intelligence
Agency. Since that time two additional
Senators have asked that they be In-
cluded with the list of 33 cosponsors
whose names already appear on the con-
current resolution. I ask unanimous
CONTINUATION OF SHALE-TO-OIL
EXPERIMENTAL AND RESEARCH
PLANT, RIFLE, COLO.
Mr. ALLOTT. Mr. President, on be-
half of myself, my colleague, the senior
Senator from Colorado [Mr. Mu.LIKIN],
the Senator from Utah [Mr. WATKINS],
and the Senators from Wyoming [Mr.
BARRETT and Mr. O'MAHONEY], I submit
for appropriate reference, the following
concurrent resolution:
That it is the sense of the Congress that
the Government-owned shale-to-oil experi-
mental and research plant at Rifle, Colo.,
should be continued in operation, without
decrease in its present scale of activity, until
at least June 30, 1956.
The purpose of this concurrent resolu-
tion is to spell out and express specifi-
cally the sense and feelings of the Mem-
bers of the 84th Congress. By adoption
of this concurrent resolution, the Con-
gress will go on record in favor of, the
continuation of the basic research in the
development of new oil reserves within
has been so successful in -pproaChing
the economic utilization of 'ohs vast do-
mestic energy source.
In submitting this cone, -r 'ent reso-
lution, we seek the voice c ' the entire
Congress in an appeal to th , tppropria-
tions committees, in both ti a House and
the Senate, to restore to th ' 3udget the
same amount of money th. ,as appro-
priated for the 1955 fiscal c ar so that
this 200-man plant may cot ? i lue, in the
interest and welfare of all ir? people of
this country, to develop th very latest
methods in the mining am r^torting of
oil shale. We sincerely a ,( earnestly
request our colleagues in bt i.1 Houses of
the Congress to approve to ; concurrent
resolution.
The PRESIDENT pro tE :noore. The
concurrent resolution will i>e received
and appropriately referred
The concurrent resolut ?.,lt (S. Con.
Res. 10) was referred to ti e Committee
on Interior and Insula, Affairs, as
follows:
Resolved by the Senate (the
resentatives concurring), Thu
of the Congress that the Gov!
shale-to-oil experimental and
at Rifle, Colo., should he con
atoon, without decrease in 11
House of Rep-
i is the sense
i ment-owned
r? search plant
-x ued in oper-
-,resent scale
of activity, until at least Ju 30, 1956.
Mr. O'MAHONEY. Mr "resident, I
wish to say just a word a ,wo in con-
nection with what the Sen t'w from Col-
orado [Mr. ALLOTTI has stLi'-ed. The sub-
ject is of importance no )illy to the
State of Colorado but als( t) the States
of Wyoming and Utah. n those three
States, according to exr; r : geologists,
there are deposits of oil al d shale which
contain more oil reserve= than all the
known reserves in Saud'. Prabia. The
concurrent resolution she 'c' be adopted.
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 1955
Approved For Release 2005/06/06 : Cl %-RDP71 B00364R000600040004-4
CONGRESSIONAL RECORD -- SENATE
souri [Mr. HENNINCSI, and the Senator
from North Dakota .:1} LANCER], I in-
troduce, for approlfa reference, a bill
to ptile~, unaccompanied by
& pre t or guardian, from going outside
the United States without a permit is-
sued by the Attorney General for such
purpose. I ask unanimous consent that
a statement prepared by me together
with an analysis of the bill, be printed
in the R>coRD.
The IRESIDENT pro tempore. The
bill will be received and appropriately
referred; and, without objection, the
statement and analysis will be printed
in the REeoRD.
The bill" (S. 959) to prohibit juveniles,
unaccompanied by a parent or guardian,
from going outside the United States
without a permit issued by the Attorney
General for such purpose, introduced by
Mr. KEFAUVER (for himse:!.f, Mr. HEN-
NINOS, and Mr. LANCER), was received,
read twice by its title, and referred to the
Committee on the Judiciary.
The statement presentee. by Mr. Ka-
FAUVER is as follows:
STATEMENT BY SENATOR XEFAUVER
On behalf of myself, the Senator from
Missouri (Mr. HENNINOS), ani the Senator
from North Dakota (Mr. LANcER), I am in-
troducing a bill to restrict the present free
passage of unaccompanied juveniles across
our national borders. This bill is designed
to combat a very serious problem uncovered
by the Judiciary Committee's :3ubcommittee
to Investigate Juvenile Delinc uency during
its hearings along the Mexican border.
Despite sincere efforts to curb vice in cer-
tain communities along the border, our re-
spected neighbor, Mexico, is still confronted
at points with a serious traffic in narcotics,
prostitution, and other vices from which
juveniles shouldbe protected. The Mexican
Government itself has taken laudable steps
to achieve this end through legislation pro-
hibiting the entry of unescorted minors into
that country. The United States has not
yet passed such legislation and, therefore,
Is severely handicapped In its attempts to
cooperate in meeting the problem.
This is not a problem whict. affects only
a small number of youth nor only the youth
of a few border States. Testimony taken in
San Diego revealed that the sheriff of that
county, operating within the severely lim-
ited authority of a local curfew ordinance,
turned back 2,326 unescorted jun eniles, under
18 years of age, and coming rrom several
States, over a period of 8 short months.
Hundreds, perhaps thousands, of other ju-
veniles, traveling during the some 19 of the
24 hours each day when the curfew is inop..
erative, crossed the border at this one point.
The imposition of restrictibns upon this
traffic represents, I believe, an essential safe-
guard to a significant number of American,
youth.
The analysis presented by Mr. KE-
FAUVER is as follows:
ANALYSIS Or PROPOSED BILL TO PROHIBIT JU-
VENILES, UNACCOMPANIED BY A PARENT OR
GUARDIAN, FROM GOING OUTSIDE THE UNITED
STATES WITHOUT A PERMIT ISSUED BY THE
ATTORNEY GENERAL FOR SUCH PURPOSE
Section I provides that no juvenile shall
be permited to go outside the United States
unless accompanied by a parent or guardian
unless such Juvenile presents to the proper
authorities a permit issued by tie Attorney
General of the United States. "his section
further provides that the Attorney General
shall issue such permits if parent or guardian
of such Juvenile gives consent either in per-
son to the issuing officer or by duly verified
written statement to Issuing officer.
The problem of unescorted juveniles leav-
ing the United States without restriction
constitutes a serious menace in certain bor-
der communities where such juveniles are
thereby subjected to narcotic traffic and
other vices.
Section II excludes persons serving in the
farmed services from. application of this Act.
Section III requires that the Attorney Gen-
eral administer and enforce this Act through
existing facilities of the Department of Jus-
tice.
Section IV defines "Juvenile" as any un-
married person under 18 years of age, and
tie term "United States" as the continen-
tal United States.
MODIFICATION OF EXISTING PROJ-'
ECTS FOR GREAT LAKES CON-
NECTING CHANNELS
Mr. HUMPHREY. Mr. President, I
introduce for appropriate reference a
bill to authorize the construction of im-
provements on the Great lakes connect-
ing channels of Lake Erie, so as to make
it possible for the States of Michigan,
Illinois, Wisconsin, and Minnesota to
receive the full benefits of the St. Law-
rence seaway project. I know that the
distinguished junior Senator from Mich-
igan [Mr. MCNAMARA] is very much
interested in this particular bill and in
the welfare of Michigan.
Mr. President, the Senate will recall
that during the 83d Congress the Com-
mittee on Public Works, as a result of
a joint resolution which 1 was privileged
to introduce, authorized the making by
the Corps of Army engineers of a survey
of the channel-deepening project. The
survey has been completed and it is my
hope that a favorable report on it will
soon reach the Congress. As a matter
of fact, I understand that the report is
now in the hands of Congress, following
a meeting of the Arany Engineers Review
Board, which acted favorably upon the
channel-deepening program.
The next step is for the Congress to
authorize the construction. In my
judgment, it is essential that the au-
thorization be made as quickly as pos-
sible. so that Congress can take action
on the making of an appropriation for
the project.
Mr. President, an examination of the
map of the Great Lakes will indicate
that it is essential to deepen to 27 feet
the channels of the Detroit River and
the St. Clair River and the Sault Ste.
Marie, so that oceangoing vessels may
travel through the St. Lawrence seaway
project and into the heartland of Amer-
ica. Certainly this project Is in the
public interest. Therefore, Mr. Presi-
dent, I urge favorable consideration and
favorable support of the bill I introduce
by the Senate Committee on Public
Works and by the entire Congress.
Finally, Mr. President; the economic
surveys which have been made by the
Corps of Engineers as to the feasibility
and economic soundness of the project
are most revealing. It is indicated that
by means of the construction of the
project, there will be decided advance-
ment in the development of trade and
commerce in the area affected, and that
the cost of the project will. be a very
967
small fraction of the benefits which will
be available within a period of 10 years,
much less the long-term benefits.
I think I can speak for a number of
the Members` from that Midwestern area
when I say that we look with great favor
and great hope upon the fulfillment of
this proposal. I know that the distin-
guished junior Senator from Michigan
[Mr. McNAMARA] has spoken to me many
times about this matter; and I am sure
that; when a convenient opportunity pre-
sents itself he will wish to make favor-
able comments regarding the program
I have announced.
The PRESIDENT pro tempore. The
bill will be received and appropriately
referred. -
The bill (S. 961) to authorize the mod-
ification of the existing projects for the
Great Lakes connecting channels above
Lake' Erie, introduced by Mr. HuMPHREY,
was received, read twice by its title, and
referred to the Committee on Public
Works.
REDISTRIBUTION OF ESTIMATED
UNDERPLANTED COTTON ALLOT-
M124rS
Mr. DANIEL. Mr. President, on be-
half of myself and my distinguished col-
league [Mr. Joasso:rl of Texas], I intro-
duce, for appropriate reference a joint
resolution to utilize tnderplanted cot-
ton acreage to correct inequities and
hardships due to 1955 cotton allotments.
I ask unanimous consent that I may
be permitted to make a brief statement
in explanation of the joint resolution.
The PRESIDENT pro tempore. The
joint resolution will be received and ap-
propriately referred; and, without ob-
jection, the Senator from Texas may
proceed.
The joint resolution (S. J. Res. 37) to
utilize underplanted cotton acreage to
correct inequities and hardships due to
1955 cotton allotments, introduced by
Mr. DANIEL (for himself and Mr. JOHN-
sox of Texas), was received, read twice
by its title, and referred to the Com-
mittee on Agriculture and Forestry.
Mr. DANIEL. Mr. President, this
joint resolution provides for the redistri-
bution of estimated underplanted cotton
allotments for the purpose of increasing
1955 allotments in individual hardship
cases.
This approach would permit us to keep
actual planting within the present na-
tional cotton allotment figure and at the
same time care for individual farmers
who have been seriously damaged by
drastic cotton allotment reductions this
year.
There are over 13,000 cotton farmers
in Texas whose acreage allotments have
been reduced below 5 acres. These and
even larger family-size farms will suffer
terrible hardships if something is not
clone to remedy the situation.
This bill is a combination of bills Pre-
viously introduced in the House by Rep-
resentative CLARK THOMPSON, of Texas,
and Representative TOM ABERNETHY, Of
Mississippi. It would provide that in-
dividual hardship increases in present
cotton allotments would come from an
estimate to be made by the Secretary of
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 Approved For Release 2005/06/06
q B993, 4R000600040004-4
ILLEGIB
11.
A578 CONGRESSIONAL RECORD PPENDIX F f ''r 7.&ar'J 2
a f rviso N rd unant-
<
tion-for without affirmative action, the
project will remain only a grandiose dream.
I am hopeful that you will act expeditiously
so that right-of-Way acquisition can begin
without delay and that initial phases of con-
struction may be underway by this time
a year hence.
NOW BEING PLANNED
The Trinity River project is now being
planned by the Federal Government. Cali-
fornia has informed the cretary feasible fro the
Interior that the p.ojcot is m an
economic and an engineering standpoint
and should be constructed at the earliest
possible date. i recommend that this ses-
sion of the legislature approve a joint reso-
lution urging the Congress to begin con-
sideration of this construction project, in-
cluding all of its power facilities, at the
earliest -possible date.
Studies have been made by both State and
Federal agencies on the San Luis project
on the west side of the San Joaquin Valley.
This project could utilize surplus waters
obtained from either the Trinity River or
Feather River projects. There are conflict-
ing views on whether the San Luis project
should be a part of one or the other. My
view is that *e should endeavor to include
the San Luis development in whichever proj-
ect will be finished first.
I oppose the State purchase of the Cen-
tral Valley project at this time. The United
States Government has indicated that it has
no interest in selling the project. We have
greater and more immediate needs for the
construction of the Feather River project,
the Trinity River project, and other neces-
sary State water and power developments on
which we can use the several hundred mil-
lion dollars which the Central Valley project
would undoubtedly cost.
Socialist Politics
-
Ad- And on motion o up
Energy mously carr pd. it is ordered t "n r_. the clerk
try with a socialized, tax-free, tax-sub
Federal power monopoly.
Los Angeles County Board of Srvisors
Passes Resolution Urging Continuance
of Military Hospitals in Southern Cali-
fornia in Federal Budget
EXTENSION OF REMARKS
HON. CLYDE DOYLE
OF CALIFORNIA
IN THE HOUSE OF REPRESENTATIVES
Tuesday, January 25, 1955
Mr. DOYLE. Mr. Speaker, by reason
of unanimous consent granted me so to
do, I am pleased to herewith present a
copy of the official minutes of a meeting
of the Board of Supervisors of the County
of Los Angeles of my native State of
California on January 25, 1955.
As the text of the communication to
me from the said board of supervisors
is crystal clear, I am sure that you and
all my colleagues will be pleased to re-
ceive this expression of opinion by the
members of this duly elected board of
this great county of Los Angeles:
COUNTY Or Los ANGELES,
BOARD OF SUPERVISORS,
Los Angeles, January 26, 1955.
Hon. CLYDE DOYLE,
Member of Congress, 23d District, Cali-
fornia, Congress of the United States,
House of Representatives, Washing-
ton, D. C.
DEAR CONGRESSMAN DOYLE: Enclosed for
your consideration is a certified copy of an
order adopted by the Board of Supervisors
of the County of Los Angeles on January 25,
1955, requesting the help of the Los Angeles
County congressional delegation to retain
certain appropriations in the Federal budget
essential for the maintenance and operation
of marine hospitals in this area.
Your assistance in having this vital serv-
ice continued will be greatly appreciated by
the members of the board of supervisors.
Respectfully yours,
RAY E. LEE, ..
Chief Clerk.
Joint Congressional Cow- IFltee on
Central Intelligen e
EXTENSION OF RET RKS
HON. EDWARD P. E JLAND
OF MASSACHUSET'. '
IN THE HOUSE OF RRPRE`-TATIVES
Wednesday, February 2 1955
Mr. IJOLAND. Mr. Sp- t':er, I call
the attention of the House t) the reso-
lution of Senator MANSFIE D creating a
joint committee on into -` i ence. For
years Senator MANSFIELD has argued
with increasing effectivene ; for a closer
look at our intelligence effo In effect
this joint'committee woudr l;e a watch-
dog. of the extremely in o- tant and
highly sensitive Central ntelligence
Agency. Since Congress sppropriates
the funds for its operating :.nd because
there is little or no kno- edge on the
part of Congress as to t:?e disposition
of the appropriated money t does seem
to be good commonsen: that both
branches of the Congre! -; have some
Members who are aware , f then mission
and effect of the CIA. C, ntress should
not be so completely in is -if dark as to -
its functions. The treat: w. of a joint
committee such as reef r-mended by
Senator MANSFIELD and se- a al Members
of the House, including si self, would
go a long way in establishi g better rela-
tions between the Agency a id the Con-
gress; fears would be dis -e led and the
magnificent work of the TA would be
appreciated.
In conjunction with t1 ? above, I in-
clude with these remark two very fine
editorials-one from tl-, New York
Times and the other from Vie Washing-
ton Post and Times Hera d Both arti-
cles approve the suggest on of a joint
committee on central ir+i,elligence and
both point up some v, significant
observations:
EXTENSION OF REMARKS
OF -
HON. JOHN V. BEAMER
OF INDIANA
IN THE HOUSE OF REPRESENTATIVES
Wednesday, February 2, 1955
Mr. BEAMER. Mr. Speaker, under
unanimous consent, I include in the Ap-
pendix of the CONGRESSIONAL RECORD the
following editorial from the Peru, Ind.,
Tribune under date of January 26, 1955:
SOCIALIST POLITICS
Fortune- magazine has observed that the
Dixon-Yates contract (under which taxpay-
ing private enterprise is to build a $100,000,-
000-plus electric plant to serve an Atomic
Energy Commission installation in the
South) "probably never would have been an
issue at all but for the fact that it was an
election year."
Fortune is 100 percent right. Dixon-Yates
has been made into a political football, to
the confusion of the public. As President
Eisenhower himself has said, "There has been
a very great deal of talk and argument-
much of it partisan-about issues that are
really clear and simple."
It is charged that the contract is a give-
away, and against the public interest. If
that is true some men in public positions of
the highest trust and responsibility are
either grossly incompetent, or are trying
to mislead us-an idea which is hardly ten-
able. Senators MCCLELLAN, and FuLBRICHT
said: "We believe the contract Is in the
national interest and should be executed by
the Government." Representative COLE,
formerly chairman, -Joint Atomic Energy
Committee, said: "I am confident that the
IN RE MAINTENANCE AND OPERATION BY FED- [From the New Yor dimes]
ERAL GOVERNMENT OF MARINE HOSPITALS: CIA "WATCHL~
ORDER DIRECTING CLERK To ADVISE Los AN- -
GELES COUNTY CONGRESSIONAL DELEGATION The secret eyes and ears (f the Federal
OF DESIRE OF BOARD OF SUPERVISORS THAT Government, otherwise knc vA as the Cen-
APPROPRIATIONS FOR SUCH SERVICE BE MAIN- tral Intelligence Agency, h. v., been receiv-
TAINED IN THE FEDERAL BUDGET - ing an unusual amount of o rious attention
Supervisor Ford submits the following lately. A special Presider" i. fly appointed
statement on behalf of Chairman Legg? group headed by Lieut. Get . fames H. Doo-
"Efforts are being made in Washington to little (retired) made a cc -ii-iential survey
reduce certain appropriations for the main- of certain aspects of the C 7A last fall, and
tenance and operation of marine hospitals, reported that the organize ".o I was doing a
which have been and are very helpful health "creditable job" but that sc -a - changes were
facilities in the seaports of the country. needed. An entirely disti' s, Court of
Military Appeals, $41,400 v-s used, to be
derived by transfer from h.i appropria-
tion "Military personnel, f, rine Corps."
For the Department of 14- Navy, serv-
1cewide supply and fina: ci ?, $7,400,000
was used, to be derived be ansfer from
the appropriation "Milit; personnel,
Marine Corps."
For servicewide operaticrig. in the De-
partment of. the Navy, 12.!.80,000 was
used, to be derived-by trait. tev from the
appropriation "Military p: rronnel, Ma
rin a Corps."
All this was after the Cc it ress unani-
mously restored $40 millto_ , o maintain
the Marine Corps at its - I en present
strength, 223,000 men. W a : happened
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
CONGRESSIONAL RECORD -- SENATE 5291
lion upon the leaders of the foreign
countries in which it operates that its
activities represent the official foreign
policy of the United States?
Mr. MANSFIELD. I will say to the
Senator from Oregon that that is a
fairly sound assumption. The officials
of the CIA could be considered as agents
of American foreign policy, and perhaps
they are so considered in some countries;
but I could not, on the basis of what I
know about the CIA, either prove or dis-
prove the Senator's statement, because
there is only limited congressional con-
tact with the agency.
'Mr. MORSE. That is so, for the sim-
ple reason that Congress, along with the
American people, is kept in ignorance
about the operation of the CIA. Is that
correct?
Mr. MANSFIELD. That is correct.
Mr. MORSE. I have one further
question. Has the Senator from Mon-
tana, as a colleague of mine on the For-
eign Relations Committee of the Senate,
ever received any correspondence or in-
forr*ation or complaints in regard to the
activities of CIA in foreign nations
which indicate criticism of American
foreign policy abroad?
Mr. MANSFIELD. I must say to the
Senator that I have not.
Mr. MORSE. I should like to inform
the Senator that I have received a series
Mr. MANSFIELD. I thank the Sen-
ator from Oregon for his pertinent obser-
vations.
Mr. President, the announcement of
this new board was released 2 days
after the time when the hearing on this
bill was set by the Rules Committee. I
do not think that was a deliberate at-
tempt to head off the establishment of a
congressional watchdog committee on
the intelligence agency; I am sure that
was only a matter of coincidence. But
it does emphasize one thing: it extends
and strengthens the executive control
over the CIA.
I do not object to the formation of this
new Commission, nor do I question the
need by the Central Intelligence Agency
and all other intelligence agencies in the
Government for this kind of supervision.
What I am concerned with, however, is
the CIA's position of responsibility to
none but the National Security Council.
I believe this should be changed. The
newly appointed board members will
have neither power nor control over the
CIA; and it appears to me that it is
questionable how much this group will
be permitted to learn under the agency's
broad charter.
Mr. SALTONSTALL. Mr. President,
will the Senator from Montana yield for
a question?
Mr. MANSFIELD. I am delighted to
of communications in regard to alleged yield.
activities of the CIA which have caused .J Mr. SALTONSTALL. Concerning the
me concern, and make me all the more
enthusiastic in support of the Senator's
resolution. I think it is highly desirable
that we have, by congressional action,
the authority which I think this resolu-
tion would give us to require this ad-
ministration, through its CIA. to keep
Congress, through the special committee
which the Senator proposes to set up,
informed as to exactly what 1; is doing
in other countries by way of action that
is bound to have some effect an Amer-
ican foreign policy and our standing in
'those nations.
This all goes back to what as the Sen-
ator knows, is a deep conviction of mine.
I abhor government by secrecy. I can-
not reconcile it with democratic proces-
ses. In the Senate of the United States
I do not propose by my vote +a endorse
the action of any administration no mat-
ter what the party, that keeps the Amer-
ican people so much in the dark as the
American people are being kept in the
dark by the present administration in
the whole field of foreign policy. As the
Senator knows, I do not agree that there
can be justification for keeping from
the American people by so-called execu-
tive committee meetings in ,he Senate
a good deal of information. But I par-
ticularly abhor the operation of govern-
ment by secrecy in such a way that it
threatens the liberties of the American.
people. Whenever there is government
by secrecy, the freedom and liberties of
the American people are endangered. A
mistake by the CIA in some tinderbox
area of the world might result in the loss
of the lives of millions of our fellow citi-
zens because no opportunity was afforded
in advance to place a cheek on mistaken
policies on the part of the CIA or other
agencies of our Government.
responsibility of the CIA only to the Na-
tional Security Council, if a change in
that situation were to be made, would
not a change of law be required, inas-
much as the law Congress passed in 1947,
as I recall, requires the CIA to be re-
sponsible only to the National Security
Council and to the President?
Mr. MANSFIELD. The Senator from
Massachusetts Is correct. However, in-
stead of changing the law, .1 think we
should establish a joint watchdog com-
mittee composed of Members of the
House and Members of the Senate. In
that way we could provide safeguards
in connection with the operation of the
CIA, and we could also deal with ques-
tions which Members of Congress might
have in their minds.
Mr. SALTONSTALL. Mr.. President,
will the Senator from Montana yield fur-
ther to me?
Mr. MANSFIELD. I am glad to yield.
le" Mr. SALTONSTALL. Of course, the
Senator from Montana will agree with
me that the Armed Services Committee
and the Appropriations Committee now
have subcommittees with members as-
signed to follow the activities of the CIA.
Is not that correct?
Mr. MANSFIELD. That is correct.
Mr. SALTONSTALT. As a member of
both those committees, I consider I have
been informed of the activities of the
CIA to the extent that I believe it is wise
for me to be informed. As regards fur-
ther information, let me say that, so far
as I know, nothing has been concealed
from us.
Mr. MORSE. Mr. President, will the
Senator from Montana yield for a ques-
tion?
Mr. MANSFIELD. I yield.
Mr. MORSE. I should like to ask a
question of the Senator from Massachu-
setts.
Mr. MANSFIELD. Certainly.
Mr. MORSE. Has the Senator from
Massachusetts ever informed the Foreign
Relations Committee of the information
he gained in regard to the CIA?
Mr. SALTONSTALL, I have never
been asked by the Foreign Relations
Committee for any such information.
We have discussed such matters rather
briefly in the Armed Services Committee,
in executive session, as I recall, and also,
of course, in the Appropriations Com-
mittee.
Mr. MORSE. That is just my point.
After all, 'both the Senate Foreign Rela-
tions Committee and the Senate Armed
Services Committee have great responsi-
bilities in regard to foreign policy. The
Foreign Relations Committee has no such
liaison officer of which I know in respect
to CIA, and I think it is very important
that there be established the joint com-
mittee the Senator from Montana is pro-
posing, with the very definite under-
standing that the Joint Committee will
keep the Foreign Relations Committee,
the Armed Services Committee, the Ap-
propriations Committee, and the Senate
as a whole informed. Certainly, under
the advice and consent clause of the Con-
stitution, it is important that we keep
ourselves informed regarding what is
occurring In connection with American
foreign policy.
:Mr. SALTONSTALL. As one member
of the committee, I reply that to the ex-
tent I can do so under security regula-
tions and in accordance with my own
knowledge, of course, I shall be very glad
to inform the Senator from Oregon or
any.other Senator, insofar as it is proper
for me to do so.
Mr. MANSFIELD. Mr. President, I
know the Senator from Massachusetts
speaks from his heart, but I wonder
whether the question I shall ask now
should be asked in public; if not, let the
Senator from Massachusetts please re-
frain from answering it: How many
times does the CIA request a meeting
with the particular subcommittees of the
Appropriations Committee and the
Armed Services Committee, and how
many times does the Senator from Mas-
sachusetts request the CIA to brief him
in regard to existing affairs?
LrMr. SALTONSTALL. I believe the
correct answer is that at least twice a
year that happens in the Armed Services
Committee, and at least once a year it
happens in the Appropriations Commit-
tee. I speak from my knowledge of the
situation during the last year or so; I
do not attempt to refer to.previous pe-
riods. Certainly the present adminis-
trator and the former administrator,
Gen. Bedell Smith, stated that they were
:ready at all times to answer any ques-
tions we might wish to ask them. The
difficulty in connection with asking ques-
tions and obtaining information is that
we might obtain information which I
personally would rather not have, unless
it was essential for me as a Member of
Congress to have it.
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 5294 .
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
CONGRESSIONAL RECORD - SENATE April 9
its. responsibility in the Government
during the past 15 or 20 years, at least.
It is a bad trend. I do not believe it is
the . President who is arrogating unto
himself this added authority. I assume
it is in the executive departments and in
the praetorian guard in the White House
where the authority is being used, to the
detriment of the elected representatives
of the people in both the House and in
the Senate, and against the course laid
down under the Constitution of the,
United States.
It is a very serious constitutional
question. I deeply regret that I am not
a constitutional lawyer, because I be-
lieve there is quite a field for discussion
of this subject. :I only hope that the
Senate will recognize the fact and will
take some action to restore the equality
which should exist between the execu-
tive and the legislative branches of the
Government.
Mr. SALTONSTALL. Mr. President,
will the Senator from Montana yield
once more? Then, like the Senator from
Oregon, I will not interrupt him again.
That is, I hope I will not interrupt him
again, but I cannot promise that I will
not.
Mr. MANSFIELD. I am glad to yield
to my friend from Massachusetts.
Mr. SALTONSTALL. I am sure the
Senator will agree with me that the'CIA
is not a policymaking body but that the
policymaking body is the State Depart-
ment which is an executive agency of the
President in the initiation and determ-
ination of the foreign policy of the
United States. In the same way, under
the President, the Defense Department
is the initiating body with regard to our
national security. I am sure the Sena-
tor will agree with me on those primary
facts.
Mr. MANSFIELD. Yes; except that in
the field of foreign policy we do have
the advice and consent clause in the
Constitution. That clause can be
stretched a long, long way. That is
what has been happening in recent years,
with the result that the Senate has exer-
cised less and less influence in foreign
affairs, and with the further result that
the executive department has taken un-
der its control more and more of that
field.
Mr. SALTONSTALL. The point I
wished to make especially in the present
discussion is that the CIA is not a policy-
making body of the executive branch of
the Government, and that the policy-
making body is the State Department.
the orders which are given to him by the sure the answer to it woul i also be in-
policy-making body. teresting.
Mr. MANSFIELD. I agree with the Mr. President, so long a, -he subject
Senator. In my remarks about the CIA of the power of the Exec: _i?',e vis-a-vis
I wish it to be clearly understood that the legislative has been t-=ought up, I
I have nothing but the highest regard for ask unanimous consent tha at this point
Mr. Allen Dulles, the Director of CIA, and in my remarks an excerpt from a com-
for the type of administration which he munication from the Pre Trent of the
is carrying on. What I am talking about United States to the 84th -ongress, 2d
is the CIA as an executive agency and its session, Document 341, a, the top of
relations to Congress. page 8, under the heading "Department
Mr. SALTONSTALL. I assume that of Defense-Military Fun(:,i4,ns," be in-
the Administrator of CIA-the present cox'porated in the RECORD.
one or any other Administrator, past or There being no objection the excerpt
present-would come before the Com- was ordered to be printed i.) the RECORD,
mittee on Foreign Relations and discuss as follows:
with it any subject he could properly DEPARTMENT of DF. wsr \trLxrARy
discuss within his field, if the committee FUNCTtONS
asked him to appear before it. Office of the Secretary of De `,-,ise: "Salaries
Mr. MANSFIELD. Yes, I know and and expenses," $769,000, to r< derived by
believe he would be glad to. transfer from the appropri ti 7n "Military
Mr. SALTONSTALL. Of course the personnel, Marine Corps";
problem of security comes up, both in "Office of Public Affairs," $ '7,500, to be
derived by transfer from th appropriation
public and in executive sessions. "Military personnel, Marine ,-orps";
Mr. MANSFIELD. Yes. Tnterservice activities: "Cc ur t of Military
Mr. MORSE. Mr. President, will the Appeals." $41,400, to be der! 'ad by, transfer
Senator yield once more? from the appropriation "Mil Lary personnel,
Mr. MANSFIELD. I am glad to yield Marine Corps";
to the Senator from Oregon. Department of the Navy:
Mr. MORSE. I am always Interested "Servicewide supply and fnpnce," $7,40%.
in the meaning that is given to words. 000, to be derived by transf - rrom the ap-
propriation "Military per- "I Del, Marine
Corps";
a policymaking body because under the "Servicewide operations,- :2 180,000, to be
administrative setup it is not charged derived by transfer from thc' appropriation
with making policy, it does not follow "Military personnel, Marine 'crps."
that it does not make policy. Let us take Mr. MANSFIELD. Ml President, I
a look at Government operations and also ask unanimous col sent to have
what an ag when give CIA. assign- made a part of the REcor at this point
ment t to o proceeds to gather agency such h of CIAA. in my remarks a copy of ,. t peech which
It ake investigations information and I made 2 years ago relay -c to 3 execu-
the of such studies and and studies. On tive agreements under the I'oosevelt ad-
ministration which should have come
tions and what it discloses to the execu- before the Senate.
tive arm of the Government, and what it There being no object! ri, the speech
does not disclose, someone in the Govern-
ment must then make a determination. was ordered to be printed t the RECORD, The tendency is usually to follow the follows:
recommendation of the agency that was SPEECH BY SENATOR 1''.A`-TSFIELD
asked to do the job of investigating. There is a real issue, and it has troubled
One of the reasons why I believe the me deeply, as I am sure it h- ,roubled other
pending concurrent resolution should be Senators. It is to be found 'r the power of
adopted is that we should find out to the executive branch in th feld of foreign
policy.
what extent in fact-not in theory, but The Constitution specific +1- provides the
in fact--CIA is forming policy. I will President with certain unigi a .)owers to con-
tell the Senate my suspicion. My suspi- duct our foreign relations, Tart as the other
cion is that it determines a great deal of branches of Government ha-- unique powers
policy. I happen to believe we have the in other matters. I do no. =luestion those
duty of finding out whether my suspi- powers which accrue to hi.,i is Commander
cion-and I am not the only one who has in Chief of the e o. Fore:
But in one aspect of our foreign relations,
such a suspicion-is warranted or not. the treatymaking power, h. 3 woes not have
I think we must take it for granted that unique, but rather concurr' ii, power shared
when we give broad powers to the CIA, with the Senate. Treaties a-e to be made
which it has been exercising, it has great by the President only witi , ne advice and
influence in determining foreign policy. consent of the Senate. Th: most vital mat-
I urge that a check be placed upon it. ters involving the relational fps of this coun-
We ought to know to what extent its rec- try with others are or shc' Ic be conducted
recommendations are being generally within this realm of concu rent power.
followed.. But it is precisely in th realm that an
extra-constitutional device , the executive
The CIA is one of the agencies whichthe State Department uses in determin-ing what the foreign policy of the Government shall be. Mr. MANSFIELD. I would be in- dined to take the Senator's word for
that. However, I do not know whether
the CIA has any part in making policy.
The Senator is correct In saying that it
is the function of the State Department
under the President of the United States
to act in that field.
upp
m
e
onsr
'Mr. SALTONSTALL. The present ret,ary of state. i oeueve we Ii Q vu. _ -dertakings growing out of t -e unique powers
Administrator of CIA does his utmost to on families as well as checks on men who of the President. That is , me, and I think
maintain that principle within his do not belong to the same families. the device, so used, is nec -r: ry and useful
agency. In other words, he 'does not - Mr. MANSPEMD? Not only would and harmless to the princi ,&- of balance of
alone determine policy, but carries out that question be interesting, but I am powers.
I agree with the Senator with respect agreement, now threatens he. fine balance
to Allen Dulles, but I am not in favor of of power which has been r -antatned under
giving him unchecked power. I want to our system of government ' =.r a century and
know to what extent the recommenda- a half.
tions and the policies made by CIA un- Oct will be argued, as i? 1 ,as been, that
der Allen Dulles become the policies of executive agreements are u d almost exclu-
John Foster Dulles, his brother, the Sec- sively in pursiianoe-ot authh i y delegated by
r'+
le
ent -e'rain valid Un-
s or to s
e
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
1956 CONGRESSIONAL RECORD -SENATE
5293
to those funds? What happ med to the the money was used as he saw fit, and not they were made. I do not believe it can
mandate laid down by Congress, which is as Congress intended. be questioned that in regard to a good
supposed to control the Armed Forces of Mr. LANGER. Mr. President, will the many of the agreements which are en-
the United States, and to provide for Senator yield? tered into the CIA has, so to speak, a
them? What happened during the Tru- Mr. MANSFIELD. I yield. background part to play, and does play;
man administration when Congress ap- Mr. LANGER. I wish to join the dis- and it supplies what it believes to be
propriated for a 70-group Air Force? tinguished Senator from Oregon [Mr. information which ought to be influen-
What happened during the Roosevelt ad- MoasE] In complimenting the Senator tial in reaching executive decisions.
ministration when, in the field of foreign from Montana for bringing this subject That is why I believe it very important
policy, Executive agreements were made to the attention of the Senate. that the Committee on Foreign Rela-
which were in reality treaties of com I believe that the entire policy of se- tions be kept advised right up to the
merce and friendship? crecy in this connection is a cancer in minute in regard to the findings of the
Mr. SALTONSTALL. Mr. President, the operation of our Government. CIA and the recommendations of the
will the Senator yield? Only a short time ago we had the CIA as they may affect American foreign
Mr. MANSFIELD. I yield. spectacle of Sherman Adams, assistant policy.
Mr. SALTONSTALL. Firs-;, with re- to the President, telephoning to the Se- Let us take, for example, the executive
spect to the executive agreements to curi'ties and Exchange Commission and agreement to which the Senator from
which the Senator has referred, let me holding up for 3 or 4 days a hearing in Montana has referred. Now, belatedly,
say that I believe they should have been - connection with the Dixon-Yates matter. we are beginning to get information, for
made in the form of treaties, snd should When we asked why an assistant to the example, pointing out that in Saudi Ara-
have been brought to the attention of President should call. up an agency of bia human-slavery traffic is rampant in
the Senate. Government and delay a hearing for 3 the year 1956. Before the week is over
So far as the Marine Corps appropri- or 4 days, while in the House an appro- ]: intend to discuss on the floor of the
ation is concerned, that question is now priation of $6,500,000 was being consid- Senate human-slavery traffic in Saudi
before the Committee-on Appropriations. ered. we.received a letter from the as- Arabia.
I agree with the Senator t:iat if the sistant secretary to the effect that this Nevertheless, Mr. President, the argu-
money was not used for the Marine subject was secret. rent is made that we ought to ship mili-
Corps, if the total strength of 1;he Marine When the Senator from. Tennessee tary supplies to Saudi. Arabia. The ar-
Corps provided for by the Congress was [Mr. KEFAUVER], as chairman of the sub- Eminent is made that in order to combat
not maintained, and was not necessary, committee, joined with other members of communism we ought to keep an airbase
in the opinion of the Department, that the :subcommittee in a letter requesting in Saudi Arabia.
money should have gone back to the the assistant to- the President, Sherman Mr. President, I seriously questionthe
Treasury, and, if money for ether pur- Adams, to come before us and tell us the whole program of America in Saudi Ara-
poses was needed, new appropriations reason for such procedures, we received bia, so long as evidence can be brought
should have been requested. There a very brief letter of 3 or 4 lines in reply. forth that the nation with whom we
should have been no transfer;. I thor- I fully agree with the Senator from have the agreements is engaged in
oughiy agree with the Senator from Oregon that the policy of secrecy is re- human slavery in this year of 1956.
Montana. sulti:gig in keeping from the Congress and We cannot reconcile that fact with
Mr. MANSFIELD. I am delighted to the People matters with which the Con- the high moral principles for which we
hear it. gress- ought too-- be thoroughly familiar. as a nation profess to stand in American
Mr. SALTONSTALL. I do not ap- We are called uponto enact laws dealing foreign policy.
prove of the method by which the funds with those subjects, and we are dealing The reason I am pleading for full dis-
were handled. The question as to with them, as the Senator from Massa- closure to the American people of Amer-
whether the strength of tl..e Marine chusetts stated a few moments ago, in ican foreign policy is that if such dis-
Corps provided for by Congress was nec- such a manner that members of the closure is not made we get into the kind
essary is another issue; but certainly the Committee on Armed Services meet only of situation the Senator from Montana
money should not have been transferred. twice a year with representatives of the has mentioned with regard to so-called
Mr. MANSFIELD. As the Senator CIA, and members of the Committee on executive agreements. That happens
knows far better than I, a portion of the Appropriations meet with them only whenever we in the Congress do not have
Marine Corps cut was restored. once a year, when they need more money. all the facts presented to us.
Mr. SALTONSTALL. That is correct. I believe the Committee on Foreign Rela- I sat on the Committee on Armed
Mr. MANSFIELD. But not to the tions, of which the distinguished Senator Services, for 8- years. What did the brass
point mandated by the Congress of the from Oregon and the distinguished Sen- do? They came before the committee
United States. The Senator from Mas- ator from Montana and I are members, and said, "This is our recommendation.
sachusetts also voted last yes:r for the can testify to the fact that we see those However, because of the top secrecy in-
$40 million appropriation to maintain gentlemen, members of the CIA, on very, volved, we do not want to go into the
the Marine Corps at its then present very rare occasions, and then. only when information and the facts on which the
strength. The money is being used for we practically invite them to attend. recommendation is based."
other purposes, which in my judgment Mr. MANSFIELD. The Senator may What did we do? We used to sit there
is contrary to the intent and wish of the well be correct. As a matter of fact, I and say,, "Well, we will take you at your
Congress. do not recall ever seeing them before the word."
Mr. SALTONSTALL. If my memory Committee on Foreign Relations, al- In my judgment, we should not do
is correct as to the figures-and I am not though I may be mistaken about that. that. In my judgment, in a democracy,
sure it is-the number of marines last Mr. MORSE. Mr. President, will the the elected representatives of the peo-
year was 215,000. The idea was to re- Senator yield once more? :[. shall not pie are entitled to whatever facts any-
duce the number to 195,000, in round interrupt him again after this comment one who has brass on his shoulders may
figures. Congress directed that the if it can be avoided. have in his head. I for one think we
strength be kept at 215,000. I believe Mr.. MANSFIELD. I am glad to yield ought to stop the tendency to let the
that the present figure is 201,000, and to the Senator from Oregon. ? military:, the CIA, and a few officials of
that it will be 205,000 at the end of the Mr. MORSE. I wish to associate my- the State Department determine for-
present fiscal year. I am not Iuite cer- self with the observations of the Senator eign policy for the American people,
tain as to the accuracy of those figures, from North Dakota [lblr. LANGER], and without any check on the process by
but the present strength is more than I am very glad, indeed, that the Senator their elected representatives in the legis-
'1.00,000. from Montana has mentioned the execu- lative halls of the Government.
Mr. MANSFIELD. I think the Sena- tive agreements which have been made Mr. MANSFIELD. :Mr. President, I
tor is approximately correct; -but it is with some Middle East countries, espe- wish to say to the Senator that what
still to be noted that the wishes of the cially Saudi Arabia. frightens me about the whole matter is
Congress were ignored by Mr. Wilson, He has referred to agreements about the fact that the Senate, particularly,
who is an agent of the President, and which. we were not apprised at the time has been willing to give up its share of
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4 April 9
5296 CONGRESSIONAL RECORD -SENATE
In two other instances, although his con- House and Senate, eager as I am to join you by the executive department carry those
duct ultimately received a judicial sanction, in the making of an American merchant ma- provisions into effect."
[T. R.] Roosevelt aroused the ire of his polit- rine commensurate with our commerce; the course of the lfe clays we held
ical opponents by employing the powers denouncement of our commercial treaties ? (laYS s of the
granted to him by these statutes to secure would involve us in a chaos of trade rela- an In the executive cr session of the last with the
a result apparently not intended by these tionships and add indescribably to the con- Department of State on this utter includ-
acts, and certainly not approved by Con- fusion of the already disordered commercial ing the Chief of the llivisic of Interna-
gress. Having failed to convince Congress world. Our power to do so is not disputed, tional Administration and ti- administra-
of the urgency of preventing the acquisition but power and ships, 'without comity of re- tive attorney of the Divisic- So far as
by monopolies of public coal lands . at ridic- lationship, will not give us the expanded I can comprehend their atti c e it is this,
ulously low prices, he undertook to remedy trade which is Inseparably linked with a that the security of the Unite f tates should
this situation by issuing a series of procla- great merchant marine. Moreover, the 5P- be weighed in the balance age a t a policy of
mations withdrawing these coal lands from plied reduction of duty, for which the treaty facilitating our international =stations with
public entry and setting them aside as parts denouncements were necessary, encouraged other nations. I assert that':iia is not only
of the national forest reserves. That a doubt only the carrying of dutiable imports to our a direct violation of the In rual Security
existed as to the legality of these orders is shores, while the tonnage which unfurls the Act, which,these officials are s-=worn to up-
attested by the refusal of his successor, Taft, flag on the seas is both free and dutiable, and hold and which is designed ) protect this
to proceed further without an express sane- the cargoes which make a nation eminent In country, but is a course leadi g to the prac-
tion of Congress. Again, when an attempt trade are outgoing, rather than incoming. tical annulment of the stati:- o= y provisions
was made to obstruct his efforts at conserva- "It is not my thought to lay the problem passed by the Congress to i ctect our in-
tion by attaching to an appropriation bill a before you in detail today. It is desired only ternal security,
rider exempting from withdrawal as reserves to say to you that the executive branch of , * * ?
a large portion of public lands In the North- the Government, uninfluenced by the protest ?So long as certain officials f this Govern-
west, Roosevelt, without assuming the re- of any nation, for none has been made, Is ment refuse to heed the w- r sings of our
sponsibility of vetoing a financial measure, well convinced that your proposal, highly intelligence agencies and del x rately ignore
defeated this effort by setting aside all the intended and heartily supported here, is so provisions of the Internal S .iirity Act, we
timber lands in question before the bill was fraught with difficulties and so marked by shall have an open door for be infiltration
presented to him for signature. tendencies to discourage trade expansion, of spies and saboteurs."
President Woodrow Wilson was another of that 1 -invite your tolerance of noncompli- Both President Truman acid President
il - .n.,,..
eeks until a plan may
s.
b
.,.
l to con
res-
-
--
W
ee su
j
e
g
oi
wer have
nc
funds which
f
in me vigorous use vi i411 Vi 4 draft upon the Public Treasury, and which,
his office, as the following excerpt shows:
Even Wilson. staunch advocate that he was though yet too crude to offer it today, gives
our merchant
di
of the observance of strictly legitimate pro-
cedures, was not averse, on the occasion of
impending war, to execute a policy for which
statutory authorization, previously solicited
from Congress, had been refused. In asking
Congress to empower him to arm merchant
vessels, Wilson had spoken as follows:
"No doubt I already possess that authority
without special warrant of law by the plain
implication of my constitutional duties and
powers, but I prefer to act not upon impli-
cation. I wish to feel that the authority and
power of Congress are behind me."
Notwithstanding the defeat of an author-
izing statute by the action of 11 willful
men, Wilson proceeded to arm merchant
vessels in reliance not only upon his consti-
tutional powers but upon the support de-
rived from an obsolete statute of 1819.
Where an Executive relies on a novel inter-
pretation of an existing statute, which was
designed at the date of its adoption to serve
a wholly unrelated purpose, it would seem
that by an act of repeal, Congress could
deprive the Executive of the color of author-
ity for his action. Whether the repeal of the
law could, of itself, halt the President Is
probably dependent upon whether his ac-
tion, through his subordinates, could be
made the subject of litigation.
The following excerpt is taken from the
annual message of President Warren G.
Harding delivered to the Congress on De-
cember 6, 1921:
"The previous Congress, deeply concerned
in behalf of our merchant marine, in 1920
enacted the existing shipping law, designed
for the upbuilding of the .American merchant
marine. Among other things provided to en-
courage our shipping on the world's seas, the
Executive was directed- to give notice of the
termination of all existing commercial
treaties in order to admit of reduced duties
on imports carried in American bottoms.
During the life of the act no Executive has
complied with this order of the Congress.
When the present administration came into
responsibility it began an early inquiry into
the failure to execute the expressed purpose
of the Jones Act. Only one conclusion has
been possible. Frankly, Members of the
Memorandum on the Powers of Congress,
Short of Impeachment, To Control a Presi-
dent in Matters of the Faithful Execution of
Congressional Legislation. Legislative Ref-
erence Service Report, October 20, 1942.
ng
such promise of expan
marine, that it will argue its own approval."
One outstanding authority on the presi-
dency declares that Franklin D. Roosevelt, in
a message of September 7. 1942, peremptorily
demanded that Congress repeal a certain
provision of the Emergency Price Control Act
or that he, the President, would treat this
provision as repealed. After quoting a
passage from the Roosevelt message, Edward
S. Corwin goes on to say:'
"In a word, the President said to Congress:
"Unless you repeal a certain statutory pro-
vision forthwith, I shall nevertheless treat
it as repealed." On what grounds did Mr.
Roosevelt rest his case for power of so
transcedent a nature? Although he made a
vague gesture toward congressional acts,, it
is obvious that his principal reliance was,
and could only have been, on his powers
under the Constitution-that is to say, his
conception of these. Presidents have before
this in a few instances announced that they
did not consider themselves constitutionally
obligated by something which Congress had
enacted but which, as they contended,
trenched on presidential prerogatives. This,
for example, was Johnson's position in 1867.
But the position advanced by Mr. Roosevelt
* ' * goes beyond this, claiming as it does
for the President the power and right to dis-
regard a statutory provision which he did
not venture to deny, and indeed could not
possibly have denied, which Congress had
complete constitutional authority to enact,
and which, therefore, he was obligated by
express words of the Constitution to take
care should be faithfully executed."
Speaking of the administration of the In-
ternal Security Act, former Senator Herbert
R. O'Conor, of Maryland, said: 4
"There is strong evidence that some offi-
cials of this Government are engaged in a
studied and deliberate effort to avoid com-
pliance with certain basic provisions of the
Internal Security Act of 1950 which are de-
signed to protect this country against in-
filtration by Communist agents.
"Notwithstanding these provisions of the
Internal Security Act which provide for the
exclusion and deportation of aliens whose
presence in this country endangers the pub-
lic security, virtually nothing was being done
^ Corwin, Edward S., op. elt., pp. 304-305.
e CONGRESSIONAL RECORD, 82d Cong.. 1st
secs., October 17, 1951, p. 15323-13824.
or impound. g
clonal criticism
have been appropriated by C in secs for spe-
cific purposes. In 1949 Coi ;mass appropri-
ated money for 58 air groi? us A Truman
order of October 29 specit -c that funds
would be spent for only the 3 air groups he
had recommended. This pc?icy was exam-
ined by the House Subcor t ittee on the
Department of Defense Al:.rupriations in
January 1950. Members of ia- subcommit-
tee regarded the action as sn invasion of
congressional authority. 1'epresentative
SumES declared: "I would cos ,i?ier that there
is a prohibition in the law a.=-last the things
which now are being done The Congress
under the Constitution der ;d ns how much
money is to be expended. ' * Anything
done contrary to this is in ray opinion con-
trary to the basic law of thr- 1:=.nd. "
Last Summer President ?i -enhower was
accused by several Senator= of acting, or
threatening to act, with ri nerd to already
appropriated funds, in a n liner that was
contrary to the wishes ar - intentions of
Congress .8 In the publia vo)ks appropria-
tion bill Congress inserter =)rovisions for
funds for some projects the 'lid not appear
in the President's budget. "According to
the newspaper stories," saic: ?snator MoRSE,
"the President implied si oh unbudgeted
projects will not be initia c even though
the Congress has specific: y appropriated
the funds until detailed e, g.neering plans
have been completed. ' * ` i? will be a sad
day for government by law `f a President to
allowed to thwart the wil' c f Congress as
President Eisenhower appf ^,~tly intimated
he might do."
With reference to an asps -t of the Dixon-
Yates controversy, Senator , AAHozMY said:
"If it shall continue to I. true that the
President and the Bureau c i ae Budget can
defy the acts of Congress raking appro-
priations and can say, not i hstanding the
appropriations, that the w rKs will not be
built because the executive ic,partment does
not approve of them, alti nigh the Presi-
dent has signed the bill, it s useless to talk
about saving free governme -t." Referring to
the congressional appropris. c n affecting the
Marine Corps, Senator MA s:-ran declared:
"Why should Secretary [of '3,fense] Wilson
thwart the will of the Con[ e -s by saying he
rExecutive-Legislative L l:.tionsl Exam-
ples of Real or Alleged Ove .coping, 1920-51,
LegislativerReference Servic cport, May 28,
1951. -
9 CONGREssIONAL RzcoRD flatly edition).
July 18, 1955, pp. 9176-9183
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
1956 CONGRESSIONAL RECORD - SENATE 5295
But it is not in the mass of executive Bulletin, the State Department apparently when we once break down the constitutional
agreements that the issue is to be found. It still had a twinge of nervousness about the boundaries and begin to do things that there
is, rather, In the few, in the very few. For procedure it was following. It was con- is not any authority under the Constitution
it is in the few, the very few, that this extra- strained to point to two precedents. What or the law for, we get into a field that spreads
constitutional device can be used to stretch were the precedents? The agreements with and ge-,s worse, like a spreading disease.
the unique powers of the Executive. It Is Yemen and Saudi Arabia. "Personally I am very much disturbed
in the few that there lies ti: a danger of Yemen, Saudi Arabia. and Nepal. These about it and I hope that we can do some-
usurpation, destruction of the constitutional are small, faraway lands. Few of us could thing to check it and bring us back within
balance, and in the last analysis, the threat locate them quickly on a map. Still fewer the limits of what we ought to do."
of Executive tyranny. have any direct concern with what transpires Absolute and unequivocal proof of execu-
This is no imaginary fear which haunts me in them. Yet, the agreements which have tive circumvention, of legislative intent in
and other members of the Senate. Execu- been negotiated with them constitute a series the interpretation or administration of laws
tive agreements have been used to stretch of precedents which is of vital importance passed by Congress Is in most cases impos-
the powers of the Presidency and unless safe- to our constitutional division of . powers. sible to obtain. In some instances disputes
guards are established there is no reason to None of them has ever been replaced by a arising under these circumstances have been
believe that they will not continue to be so regular treaty, yet all of them cover subject settled by adjudication, but in most cases
used. If the Senate will bear with- me for a matter which traditionally has been handled these conflicts have been characterized by
few moments longer, I will undertake to by treaty. charges and allegations which were some-
prove by specific example how this extra- Twenty-one years have elapsed since the times answered and sometimes ignored.
constitutional device can undermine the first of these three agreements was negoti- Interpretations of what a law means and
power of the Senate in foreign relations. I ated. Was the failure to replace the agree- how it should be administered may very
will endeavor to show how thin device can meats by permanent treaty an oversight or well often require the exercise of subjective
and has been used to erode- that power and a conscious expansion of the unique powers judgment. The charges of circumvention
transfer it painlessly, almost imperceptibly, of the executive at the expense of the Senate? may be equally subjective. There may be
from this body to the executive branch. Is this example a straw man or a very real no conclusive evidence that either party is
For decades, treaties of friendship, com- case of usurpation of power? Will the Presi- acting in bad faith, or that the Executive is
merce, and navigation have been made with dent now send these three agreements or deliberately flouting the law.
other countries by the President with the their permanent replacements to the Senate Certainly there are some instances where
advice and consent of the Senate. As the for advice or consent or after years and evasion or ignoring of the law was deliber-
Senators know, these are basic treaties which decades Is the need still for temporary ate, but in these cases the President usually
establish the framework of our relations with, agreements? acted upon what might be argued to be miti-
other countries. The Senate has tradi- how is the Senate to deal with the disap- gating circumstances or what he regarded
tionally given advice and consent to such pearance of its prerogatives In this fashion? as a more fundamental legal authority. For
treaties. It still does so, for the most part. example, President Jackson felt that his re-
In 1933, however, the Department of State Mr. MANSFIELD. Mr. President, I election in 1832, after a thorough public dis-
negotiated an agreement of friendship and ask. unanimous consent that some i11us- cussion of his veto of the bill to recharter
commerce with Saudi Arabia. As far as I trations of the use of Executive power in the National Bank, justified his withdrawal
can determine, this was the first time an relation to the power of Congress, which of public :Funds from the bank 3 years before
executive agreement, rather than a treaty. I requested the Legislative Reference its old charter was to expire. Although he
was used for this purpose. To be sure, the Service of the Library of Congress to acted legally through his Secretary of the
agreement with Saudi Arabia was labeled compile for me, be incorporated in the '.[reasur;y, Jackson knew that he was acting
provisional in nature and was to remain in contrary to congressional intent. "Indeed,
RECORD at this point.
effect, I quote: "until the entry in force of Congress had already refused to pass a
a definitive treaty of commerce and naviga- There being no objection, the illustra- measure authorizing him specifically to do
tion." Even though it was temporary, how- tions were ordered to be printed in the this. * ? ?"1
ever, the State Department must have known RECORD, as follows: In a case of historic importance, President
that this executive agreement was treading THE LIBRARY of CONGRESS, Andrew Johnson fired Secretary of War
on dangerous constitutional ground for it LEGISLATIVE REFERENCE SERVICE, Stanton in deliberate violation of the Tenure
added the following clause, I quote "Should Washington, D. C., of Office Act, which had been passed over
the Government of the United States of SOME ILLUSTRATIONS OF THE USE OF EXECUTIVE his veto, because he "was convinced that the
America be prevented by future action of Its powER IN RELATION TO THE POWER OF act was unconstitutional and was conse-
legislature from carrying out the terms of CONGRESS quently eager to get it In the courts for the
these stipulations yhe obligations thereof purpose of a test." 2 Although Johnson was
shall thereupon lapse." The general nature of the alleged usurps.- impeached primarily for this action and es-
This executive agreement was never re- tion of the powers of Congress by Executive caped conviction by only one vote, this law
placed by a definitive treaty of friendship, circumvention of legislative intent has been was repealed in 1887, and a very similar
commerce, and navigation. Tbough the stated by Representative HOWARD W. SMITH. measure was declared unconstitutional in
Senate has never given consent to ratifica- Testifying before the Joint Committee on
tion, it stands in equal force with genuine the Organization of Congress on March 28, 628 in Myers v. United States (272 U,. S.
treaties dealing with the same subject 1945, Representative SM]TH said:
matter, to which the Senate has given ap- "Under our Constitution legislation is The ilaustrationa of alleged executive cir-
proval. supposed to be enacted by the Congress. caravention or flouting of legislative intent
This agreement, Mr. President, established I wart to call your attention to what I assert in in the the following pages of this report do not
a precedent. Note now how the precedent is to be a fact, that we now have not only by eaxam-p means They comprise
cases listing
are, rather, definitive
tht
reenforced. Thirteen years later, in 1946, the legislation by the Congress, but we have could be compiled in the time available, and
State Department negotiated a similar agree- four other types of legislation. I will go into c c is hoped that, taken together, the
meat with the Kingdom of Yemen. The each one of them a little more fully ? * Y offer -. It terms of the two agreements were practically We have legislation by sanctions; we have a fairly representative picture of cases of
identical except for two omissions. The legislation by subsidies; we have legislation this type.
agreement with Yemen no longer carried the by Executive regulations, under authority of One other explanatory word is needed. .
phrase indicating that It was to remain in acts of Congress; and we have legislation by No attempt has been made to present the
effect only, I quote: "until the entry in force interpretation-interpretations that Con- other side, the answers to charges of execu-
of a definitive treaty of cominerco and navi- gress never dreamed of when we enacted the tive disregard for legislative intent. Much
gation." Also omitted was the phrase, I law. background material has also been omitted.
quote: "Should the Government of the "I think that that Is of very great mo- The political context surrounding each ex-
United States of America be prevented by ment. * ? * I do not think the American ample is held to the absolute minimum,
future action of its Legislature frcm carrying people realize to what extent our system of President Theodore Roosevelt is known as
out the terms of these stipulations the obli- government is being changed by these inno- a Chief Executive who believed in using the
gations thereof shall thereupon lapse." vatinns. * * * power of his office to the full. Two exam-
In short, the State Department appears, in "I do not think Congress as a Congress ples of his alleged circumvention of legisla-
13 years, to have reached the conclusion that realizes it. On the other hand, I think al- tive intent are recorded here:
the power to make, treaties of friendship, most every individual Member of Congress _
commerce. and navigation had aecome, at realizes what Is going on, and they talk 1 Binkley, Wilfred E. The Powers of the
least in some cases, a unique power of the about it and fuss about it, and they say President, New York, Doubleday, Doran, 1937.
executive branch, that the consent of the something ought to be done about it, but pp. 76-77.
Senate was no longer necessary, at least In as a rule Congress does not do anything 2Ibid, p. 149. See also Corwin, Edward S.,
some of these agreements. about it. The President: Office and Powers, New York,
One year later, in 1947, a third agreement "Now, much of this stuff Is done in per- New York University Press, 1948, pp. 77-78.
of friendship, commerce, and navigation was fectly good faith. I am not here to say that I Small, Norman J., Some Presidential in-
negotiated with the Kingdom of Nepal. In any of it is not done in good faith. It is te:rpretations of the Presidency, Baltimore,
printing the text of this agreement in its done under the spur of the emergency, but the Johns Hopkins Press, 1932, pp. 148-149.
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
5298 CONGRESSIONAL RECORD - SENATE
every ordinary form of congressional re-
view. Control of its expenditures is ex-
empted from the provisions of law which
prevent financial abuses in other Gov-
ernment agencies.
I agree that an intelligence agency
must maintain secrecy to be effective.
And I certainly do not mean to suggest
that CIA should reprint for public con-
sumption every item that comes across
the Director's desk. If sources of infor-
mation were inadvertently revealed, they
would quickly dry up. Not only would
the flow of information be cut off, but
the lives of many would be seriously en-
dangered. In addition, much of the
value of the intelligence product would
be lost if it were known that we possessed
it. For these reasons, secrecy is obvi-
ously necessary.
However, there is a profound differ-
ence between an essential degree of
secrecy to achieve a specific purpose and
secrecy for the mere sake of secrecy.
Once secrecy becomes sacrosanct, it in-
vites abuse. If we accept the idea of
secrecy for secrecy's sake we will have
no way of knowing whether we have a
very fine intelligence service or a very
poor one.
If a new joint committee is set up as
proposed in Senate Concurrent Resolu-
tion 2, all bills, resolutions, and other
matters in the Senate or in the House of
Representatives relating primarily to the
CIA, would be referred to the joint com-
mittee; and the joint committee would,
from time to time, make whatever re-
ports are necessary to the Congress con-
cerning its relationship with the CIA.
The enactment of the concurrent reso-
lution would establish a joint commit-
tee, composed of 6 Members of the Sen-
ate to be appointed by the President of
the Senate, and 6 Members of the House
of Representatives to be appointed by
the Speaker of the House of Representa-
tives. Of the 6 Members to be appointed
from the Senate, 3 shall be members of
the Central Intelligence Agency Sub-
committee of the Committee on Appro-
priations of the Senate and 3 shall be
members of the Central Intelligence
Agency Subcommittee of the Committee
on Armed Services of the Senate. The
six House Members would be appointed
from the corresponding subcommittees
in the House. In each instance, not more
than four members shall be of the same
political party.
The joint committee or any duly au-
thorized subcommittee thereof would'be
authorized to hold such hearings, to sit
and to act at such places and times, to
require, by subpena or otherwise, the
attendance of such witnesses and the
production of such books, papers, and
documents, to administer such oaths, to
take such testimony, to procure such
printing and binding, and to make such
expenditures as it deemed advisable.
The committee would be, in addition,
empowered to appoint a small, selective
staff of persons having the highest pos-
sible clearance, and would be authorized
to utilize the services, information, fa-
cilities, and personnel of the departments
and establishments of the Government.
The staff which I had envisioned for
such a joint committee would be small
and would be subject to the most rigor-
ous security regulations. Such a staff
of trained, specialized, and dedicated
persons would assist the committee
members in making checks and ap-
praisals on CIA and its operation.
There certainly should be no more risk
in trusting classified information to a
trusted few connected with a congres-
sional committee than there would be
to a trusted many in a Government
agency.
It has been pointed out that there Is
too little legislation to require a com-
mittee of this nature. Admittedly, pro-
posed legislation which would be referred
to the suggested joint committee might
have helped to resolve problems and to
make suggestions in the controvery over
the site of the proposed CIA building.
As to other legislation, it is difficult to
know what might have happened. We
must remember that a joint committee
would also be a defender of CIA against
unwarranted and unjustified attacks
from within and outside the Federal
Government.
Mr. President, in my opinion, the CIA
is in somewhat the same category as the
Atomic Energy Commission; and just as
a special committee, with well-defined
authority and powers, has been created
on a joint congressional basis to oversee
and supervise the interests of AEC, so I
believe that a joint congressional com-
mittee should be created for the same
purpose in connection with the CIA. I
realize full well, because of the very
nature of the duties of the CIA, that
there has been no public scrutiny of its
activities. This may be necessary in this
day and age, but I believe that a joint
congressional committee should be
created for the purpose of making cer-
tain that good management is main-
tained in the CIA and also to keep a con-
stant check on its intelligence policies.
It is well, too, that this joint`committee
should be in a position to criticize any
mistakes which the CIA may make.
Until a committee of the kind this
resolution proposes is established, there
will be no way of knowing what serious
flaws in the Central Intelligence Agency
may be covered by the curtain of secrecy
in which it is shrouded.
The creation of the new executive
board to review intelligence fulfills par-
tially the suggestion of the recent
Hoover Commission report on intelli-
gence. However, it is only a partial ful-
fillment of the Hoover Commission rec-
ommendations. The Hoover Commis-
sion, on two occasions, suggested a bi-
partisan committee, including Members
of both Houses of Congress, empowered
by law to ask and get whatever informa-
tion it thought necessary to aid, guide, or
restrain CIA.
Recommendation No. 2 of the recent
intelligence activities report of the
Hoover Commission reads as follows:
That a small, permanent, bipartisan com-
mission, composed of Members of both
Houses of the Congress and other public-
spirited citizens commanding the utmost
national respect Said confidence, to be estab-
lished by act of Congress to make periodic
surveys of the organizations, functions,
policies, and results of the Government
agencies handling foreign intelligence opera-
tions; and to report, under adequate security
safeguards, its findings and recommenda-
,-A,-April 9
tions to the Congress, and to a e President,
annually and at such other U i,,s as may be
necessary or advisable. a-, proposed
watchdog commission should s empowered
by law to demand and recelv- eny informa-
tion it needed for its own us, It would be
patterned after the Commis: _ i i i on Organ-
ization of the Executive Brai;1 of the Gov-
ernment (Hoover Conimissi-:o i. Appoint-
ments by the President of pe ;' na from pri-
vate life to the proposed con+a,sslon should
be made from a select list c tlstingulshed
individuals of unquestioned It yalty, integ-
rity, and ability, with recoi 's of unselfish
service to the Nation.
Mr. President, I wish t+. state again
that the appointment o ,he citizens
board should not preclude site establish-
ment of a continuing a--Id permanent
congressional watchdor committee.
Such a committee would as a finan-
cial overseer, supervisor, ? ^c- rdian, spon-
sor, and defender of the '.) A. It could
give a constant and mori thorough su-
pervision to our intellil; ace activities
than could any periodic c reek.
At the time of my app a rance before
the Rules Committee in o- half of this
concurrent resolution I w r. informed by
the distinguished senior ti enator from
New Hampshire [Mr. Bi _eeEsl that he
voted against the creation (,f the civilian
advisory group, and it is his belief that
the distinguished s,enior .'senator from
Arkansas [Mr. MCCLELL --11 joined him
in this decision. Both of ?,i em, however,
as members of the Hoo: r Commission,
would recommend, accorl ; ti ig to the Sen-
ator from New Hampshlr - I Mr. BRIDGES],
the establishment of a -ir,int Congres-
sional Committee for the CIA,
Two committees, the 7-tint Congres-
sional Atomic Energy Col -i to remind my
colleagues that last S--ar the Congress
appropriated an addi, Social $40 million
in funds to maintain h-3 Marine Corps
budget at a more sati ..factory strength,
but these funds were rot used as di-
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
195E CONGRESSIONAL RECORD SENATE
had impounded the $46 million authorized
by the Congress to keep the mat ines at their
present strength? * * * This is something
the executive brai4ch is doing :regardless of.
the action taken by Congress." On another
subject, Senator NEUBERGER 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. Sectior. 638 of this
measure gave to the Appropriations Com-
mittees of the Senate and the House a virtual
veto power over certain proposed cutbacks in
some of the busihess 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 pro'ilnce 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
L5, Representative SurEs was completely
shocked at the President's attitude. "Sel-
dom have I heard such complete and utter
disregard for the rights and privileges of
Congress or of the constitutional processes
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 doe3 not like.
This is veto by paragraph, and veto by para-
graph is not legal. This is usurpal-son of the
powers of the Congress." House Majority
Leader MCCORMACK said: "I had thy: 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 excerpt; follows:,
"Generally speaking, the interwar period
was characterized by the wide use of execu-
tive agreements to effect internat:.onal un-
derstandings on matters that seers. quite as
important as those dignified by the ase of the
treatymaking process. Approval by two-
thirds of the Senate was not required to
terminate the First World War, to join the
International Labor Organization, to acquire
Atlantic naval bases in British territory In
return for overage destroyers, to alCept the
Atlantic Charter, nor to enter into lend-lease
agreements."
The second of the general excerpts states: 10
"The United States annexed Texas and
Hawaii, ended the First World War, joined
the International Labor Organization, the
Universal Postal Union and the Pal Ameri-
can Union, settled over $10 billion worth of
post-World War I debts, acquired Atlantic
naval bases in British territory duri:Ig World
War II, acquired all financial claims of the
Soviet Union in the United States, joined the
United Nations pledging itself not to make
separate peace in World War U and so accept
the Atlantic Charter, submitted over a
score of cases to International arbitration,
E Cheever, Daniel, and H. Field I-laviland.
American Foreign Policy and the Separation
of Powers. P. 92.
10 McDougal, Myres S. and Ashur Lans.
Treaties and Congressional-Executive or
Presidential Agreements: Interchangeable
Instruments of National Policy. Yale Law
Journal, Vol. 54, no. 2, March 1945. P. 238.
and modified the tariff in numerous re-
ciprocal trade agreements by means other
than the treaty-making process."
The more specific illustrations are:
"1. INTERNATIONAL LABOR ORGANIZATION 11
"Membership of the United States of
America, by proclamation by the President
of the United States, September 1,0, 1934
"Whereas by a joint resolution of the Con-
gress of the United States of America, ap-
proved June 19, 1934, the President was au-
thorized to accept membership for the Gov-
ernment of the United States of America in
the International Labor Organization, pro-
vided that in accepting such membership the
President should assume on behalf of the
United States of America no obligation under
the covenant of the League of Nations. ?
"2. ACQUISITION OF ATLANTIC NAVAL BASES 19
529?
direct control of the legislatures. This
is understandable in a totalitarian gov-
ernment, such as the Soviet Union. It
its even understandable in a parliamen-
i,Ary democracy, such as Great Britain,
where the entire administration is a part
of and is responsible to Parliament. Our
form of Government, however, is based
on a system of checks and balances. If
this system gets seriously out of balance
at any point, the whole system is jeo-
pardized, and the way is opened for the
growth of tyranny.
CIA is the only major Federal agency
over which Congress exercises no direct
and formal control. Its budget and its
personnel lists are classified. By law the
agency can withhold even such obviously
"Naval and air bases unimportant information as the- salaries
"United Kingdom of its top officials.
"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 CHARTER 13
"On August 14, 1941, President Roosevelt
and Prime Minister Churchill, representing
the United States and Great Britain, Issued
a joint declaration of peace aims. ? ? ?
"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-
potent?arses, 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
treaty- and agreement-made unions-to
grant or to withhold appropriations for the
payment of the recurrent dues."
Mr. MANSFIELD. Mr. President, will
this new commission be able to make
available to the public and to Congress
anything they learn about CIA doing the
wrong things or not doing enough of the
right things? This commission is re-
sponsible to the executive department
alone, and lacks the legal authority a
congressional inquiry enjoys. An Ex-
ecutive order could conceal any report
or recommendation the Board might
make on the grounds that revealing such
information might injure the country,
The Congress would still remain in the,
dark. t
It is true that Intelligence services of
other major countries operate without
It has been the tradition in both
Houses of Congress to have individual,
but corresponding, committees to han-
dle legislation in both the House and
Senate. We have the Committees on
Agriculture, Finance, Judiciary, Foreign
Relations, and so on. These commit-
tees generally correspond to executive
departments or agencies in their juris-
diction.
The Congressional Directory lists CIA
as an executive agency, directly respon-
sible to the President; however, the other
agencies and commissions under this
listingare relatively small in number of
employees and many act largely in an
advisory capacity. We do not know how
large CIA is, but according to plans for
its new concentrated headquarters, it is
no longer a small agency, if it ever was.
CIA is subject to congressional review
by four established and fully. authorized
subcommittees, and I am sure that they
are doing a creditable and fine job. But
this is not enough. The Senators on
these committees have many other things
to consider, as members of the full Armed
(Services and Appropriations Commit-
tees. In addition, there is no staff to
rely on. The Appropriation Commit-
tee's check on CIA is generally, I assume,
when the executive budget request is up
for consideration. The Armed Services
Committee receives a periodic report, or
at the committee's request. In addition,
several checks have been made by Inde-
pendent groups, as we know. Even the
recent Commission set up by the Presi-
dent functions only parttime, and will
make only a periodic check on the CIA.
That is not what we need; these checks
are fine, but we need a - continual check
on the operations of this agency which
seems to be expanding continually. The
most efficient method is by a Joint Com-
mittee on Central Intelligence.
The Hoover Commission reported a woe-
ful shortage of information about the
V ' Soviet Union, and noted that the agency
It U. S. Congress, 75th Cong., 3d- seas., could stand some internal administrative
Senate Doe. 134, p. 5531. j' improvements. These are the sorts of
u U. S. Congress, 76th Cong., 3d seas., House inadequacies which the newly appointed
Doe. 943.. Commission certainly will not allow, but
is Langer. William L., comp. and ed., An congressional guardians might be able to
Encyclopedia of World History, Boston, Compel even swifter and surer reform
Broughton, Mifflin Co., 1952, p. 1137.
14 McClure, Wallace M., International than could, an executive committee.
Executive Agreements, New York, Columbia Everything about- CIA is clothed in
University Press, 1941, p. 12. secrecy, CIA is freed from practically
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 Approved For Release 2005/06/06 : CIA-RDP71B00364R000600040004-4
5300 CONGRESSIONAL RECORD - SENATE
material in usable form and deliver it to the
policymakers in time.
WEEKLY MEETINGS
Director of Central Intelligence Allen
Dulles meets once a week with the heads of
Army, Navy, and Air Force intelligence, the
National Security Agency, the Federal Bu-
reau of Investigation, the intelligence sec-
tions of the executive departments, to draw
up summaries of latest estimates of a po-
tential enemy's capabilities and to predict
the potential enemy's probable course of
action.
These estimates-and often vigorous dis-
senting opinions--are taken the next day to
the National Security Council by Mr. Dulles.
Sitting on the council are President Eisen-
hower, Vice President Nixon, Secretary of
State Dulles, Secretary of Defense Wilson,
and Office of Defense Mobilization Director
Arthur S. Flemming.
How the CIA arrives at the intelligence
estimate and the nature of the estimates
themselves are things the potenial enemy
would very much like to know. To guard
that information, the CIA was given unpre-
cedented powers of secrecy by Congress.
CAN SET OWN PAY SCALES
The 1947 act setting up the agency speci-
fies that the director need not make his
spending public or explain the agency's or-
ganization or the identity of its personnel,
its methods of operation or its sources. Mr.
Dulles can hire or fire whom he pleases and
set his own salary scales. He can bring as
many as 100 unidentified aliens into this
country every year, and he can hand out
bribes to foreign code clerks or finance beau-
tiful blonds in Vienna apartments.
There are some checks on the CIA, how-
ever. The agency is directly under the Presi-
dent and the National Security Council and
must justify its activities there. And the
CIA budget must be defended in detail be-
fore a small group of Budget Bureau ofll-
cials.
An eight-man board of consultants was
named by President 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.
The group has set up shop with a small
staff in the executive offices building. It will
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 COMPLETg 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 buildings at 2430 E Street NW.
Its location is no secret. Any cab driver can
take you there if you just ask for the Central
Intelligence Agency.
Once you are there, however, you cannot
enter any building unless you're on business.
Security restrictions inside, of course, are
maximum. No visitor wanders through the
halls alone. Guards are everywhere.
Much of the work-perhaps 90 percent-
is routine research in unclassified docu-
ments-foreign publications, phone books,
technical journals; newspapers, and the like.
It is not the material, but the way it is put
together and the conclusions that can be
drawn that are important. -
A minor number of employees are engaged
in cloak-and-dagger activities abroad.
NO DOMESTIC FUNCTIONS
The CIA has no domestic function, accord-
ing to the law. but every once in a while a
CIA man turns up with a bit of domestic in-
telligence-such as the time an agent re-
ported erroneously that Far East specialist
Owen Lattimore was about to leave the
country.
Job applications are mistrusted-they
might be from Coinmunits trying to gain
entry-and the Agency likes to seek out its
own prospective employees. Higher echelon
workers are recruited through personal con-
tact.
Of all persons who formally apply for jobs
with the CIA, more than 82 percent are re-
jected by personnel or security officials.
Every employee must undergo a full FBI se-
curity check.
As director of Central Intelligence, Mr.
Dulles' brother of the Secretary of State, is
head of the CIA and coordinator of all Gov-
ernment intelligence activities. Mr. Dulles,
62 years old, has had a long career in diplo-
macy, International law and spying. His ex-
ploits as an OSS agent in Switzerland dur-
ing World War II have become spy-thriller
classics.
He is as friendly and shaggy as a St. Ber-
nard, dresses in rumpled tweeds and baggy
sweaters, and gestures with a pipe. His ap-
pearance creates two impressions valuable
to him: He is a man you can trust; he has
nothing to hide.
Mr. Dulles' deputy is Lt. Gen. Charles P.
Cabell, formerly director of the Joint Staff
of the Joint Chiefs of Staff and intelligence
director of the Air Force. He is 50 years old.
Head of the CIA's technical intelligence is
a former Harvard law professor, Robert
Amory, Jr. He Is 39.
[From the Washington Evening Star of
February 21, 1956] -
PRODUCT OF CIA EXPENSES QUERIED ON
CAPITOL HILL
(By Richard Fryklund)
Several Congressmen who are not on 1 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 it 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-and, of
course, what he does know he quite prop-
erly keeps to himself."
Neither Representative MCCARTHY nor
other backers of bills to set up a House-
Senate committee to "watchdog" the CIA
want the Agency's affairs made public. Nor
do they believe the CIA is grossly maladmin-
Istered.
CHECK IS SOUGHT
But they do believe that the interests of
good government require that a standing
committee keep a continual check on the
CIA.
April 9
"Such a committee W, I d not pass on
much Information either,-' Mr. MCCARTHY
said, "but it could assur- .tither Congress-
men and the public that ha CIA Is operat-
ing efficiently."
. Whether the CIA -Is r 'opfiight intelli-
gence organization pendi g its money judi-
ciously, no one is in a p( i., ion to say pub-
licly. Most criticism is a]cessarlly unin-
formed, and the CIA n(?--cr answers back
openly.
Allen Dulles, Director .f Central Intelli-
gence, will sometimes call : critic in for a pri-
vate chat or will drop a ; (ece of protest to
the editor of a paper wi ;xi he thinks has
attacked the CIA injud:-itusly.
The most authoritative r ticism has come
from the Hoover Comm s: ion task force,
headed by Gen. Mark Cla. t=. The group was
given full access to CIA at cr,ts. In a public
report filed last June r-iis?re was another
classified report given to .ii.', President) the
Commission gave the CIA ::is Indorsement:
"On the basis of its con i, ehensive studies
the task force feels that ia American peo-
-ple can and should give ti sir full confidence
and support to the intell :;nee program."
DULLES' BURDE] (r TED
But there were also t(e,e specific criti-
cisms :
Director Dulles has to e i on too many
burdensome duties and rc prnsibilities him-
self.
There is not enough cot ( ntration on col-
lection of intelligence inf nnation from be-
hind the Iron Curtain.
The glamour and ex, ,t?'ment of some
aspects of the work some uses overshadows
other vital functions.
There is not enough n a(hinery available
for outside surveillance c:-he CIA.
On the first criticism, t) a Hoover Commis.
sion was whistling into tb. vind. Mr. Dulles,
considered one of the woi -1 s master intelli-
gence experts by the cog o~centi, loves his
work and is not about to q i rn the fun over
to subordinates. If anv ; auig, he has as-
sumed more responsibilit.,s since the Clark
report.
Mr. Dulles does not ten:- tp under respon-
sibility. His friends bel va he can safely
assume more work than :arld another ad-
ministrator.
REDS TOUGH TO P -: 'T-RILATE
The quality of intelligei -x from the Soviet
Union, Red China, and the ss-tellites does not
satisfy Mr. Dulles. The - ?rmmunist coun-
tries are tougher to nenet: ate than Germany
was during World War Il and spying there
is an exceedingly difficult j-)b.
The problem of damp, a versus grubbing
always will be with the CIi' . Employees have
no reward except their G:v~rnment salaries
and Inward satisfaction- '_?he occasionally
exciting assignment is wl:., keeps many em-
ployees on the job.
A Hoover Commission recommendations
for a Presidential panel t., examine the CIA
periodically was approved by Mr. Dulles, and
the panel is now operatini . Another recom-
mendation for a congr .5 Tonal watchdog
committee has been fgi s ed officially by
the CIA.
Senator MANSFIELD, au?: -o- of a watchdog
bill scheduled to be apprc ?rd by the Senate
Rules Committees tomor rv, believes that
M. Dulles opposes his bi an two grounds:
The present intermittent ---ritacts with con-
gressional conmittees arc ie;y satisfactory,
and the more persons wh now about CIA
activities, the more diM `u it will be to
maintain secrecy.
SUCCESS AND I .L,URE
The proof of the CXA Iudding lies, of
course, in the eating. V ii:(t are the suc-
cesses and failures of th( g-oup7
Again one runs into ui i formed opinion
and "no comment." Cri :r, say the CIA
muffed the Red Chinese i -aslon of North
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
CONGRESSIONAL. RECORD -SENATE 5299
rected by Congress. In the American
system each important segmen; of our
governmental operation is subject to
check by another segment. Such an im-
portant agency as CIA should nct be left
unchecked.
As has been so ably stated by New York
Times columnist, Hanson Baldwin:
If war is too important to be Is ft 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 jo:nt con-
gressional committee be created at the
earliest opportunity. The representa-
tives of the people are the ones who
should be given, through a joi:lt 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 Unite l 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 apprecif.tion 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 coneurrent,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 :;'tself to
decide. I think Congress can tike 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 r3sponsi-
bility in this matter. We should pro-
ceed, 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
goverryment by secrecy on the part of
the President of the United States.
Mr. MANSFIELD. I thank the Sena-
tor.
Mr. LANCER. 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.
EXHrBIT I
[From the Wall Street Jouralof 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 BEEP? Fouler 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 armedstrength 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 lit our own defense department.
If a commander is in the dark about what
kind of opposition he is likely to run into,
lie is In a smilar manner in the dark as to
how to prepare for the contngency of con-
filet.
So, It seems that our Intelligence may be
at fault, although the Hoover Commission
task force found at least 12 major depart
merits and agencies dealing in intelligence
in one form or another.
The lack of knowledge would similarly have
a blighting effect on the conduct of our for-
eign policy. It might even cause a war,
whereas if our intelligence had been more
compete war could have been avoided.
One of the recommendations made by the
task: force was that the President appoint a
corranittee of experienced citizens to examine
and report to him periodically on the work of
the Government foreign intelligence acfly-
ities. It was directed that the President
might make public such findings as he saw
fit.
Such a committee has just been appointed
by President Eisenhower. It includes such
personages as Robert A. Lovett, former Sec-
retary of Defense.
The other part of the recommendations
made public had to do with Congress. It
was recommended that the Congress consider
creating a joint congressional. committee on
foreign intelligence, similar to that on
atomic energy.
It, would be the duty of the two commit-
tees to collaborate on matters of special im-
portance to the national security.
Congress as yet has not acted.
There was still a third part of the Hoover
Commission report which dealt with the
highest security classification. It was sent
directly to the President.
Needless to say, the American people would
rest easier if they knew more about and had
greater confidence in our intelligence organ-
izations.
On the reverse side, it has been demon-
strated time and again the Communists have
a world-wide intelligence system which works
at a very high degree of efficiency.
[From the Washington Evening Star ofFeb-
ruary 20, 1956]
CIA LEADERS ARE COOL TO WATCHDOG
PROPOSAL
IBy Richard Fxyklund)
The Central Intelligence Agency enthusi-
astically obeys the law which imposes strict-
est secrecy on its activities, but the Agency
still is subject to the scrutiny of several
outside executive and congressional groups.
Scorn-possibly Wednesday--a group with
the sole function of watchdogging the CIA
is expected to get Senate Rules Committee
approval.
Backers of the watchdog committee say
that while it is true that four congressional
subcommittees, the Budget Bureau and a
new presidential commission all do look at
some facets of the CIA, no congressional
group keeps a close, constant check on it
the way the Joint Atomic Energy Committee
watches the also-secret Atomic Energy Com-
mission.
COOL TO SCRUTINY
The CIA is reported to be cool toward the
watchdog idea. But perhaps the most dis-
tasteful part of the expected Rules Com-
mittee approval of the bill will be the public
attention sure to follow.
The job of the CIA is to gather intelligence
and coordinate the intelligence activities of
more than a score of other agencies.
The genesis of the CIA goes back to the day
Japanese bombs shattered the morning calm
at Pearl Harbor, December 7, 1941. American
intelligence agencies knew that raid was
coming, but the information was never prop-
erly used.
To protect against future Pearl Harbors, a
National Intelligence Authority was set up
immediately after the war body created a
Central Intelligence Group that grew into the
Central Intelligence Agency. The job of the
Agency is to gather foreign Intelligence,
which Includes spying in the traditional
sense as well as research into more con-
ventional sources; coordinate intelligence
activities of other agencies, and assemble the
Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
 Approved For Release 2005/06/06 : CIA-RDP71 B00364R000600040004-4
CONGRESSIONAL RECORD -SENATE April 9
lect and analyze information bearing upon
national defense. This was transformed into
the Office of Strategic Services. In 1947, Con-
gress established the National Security Coun-
eil and under it the present CIA.
Although it has immense powers, world-
wide operations, and many millons to spend,
CIA is listed with four lines of type in the
Congressional Directory. These give its
name, main address and telephone number,
and the names of its two bosses: The Direc-
tor,'Allen W. Dulles, brother of the Secretary
of State, and the Deputy Director, Lt. Gen.
C. P. Cabell, an Air Force officer.
The Rules Committee found these studies
insufficient. "It is not enough," its report
says, "that CIA be responsible alone to the
White House or the National Security Coun-
cil. Such responsibility should be shared
with Congress in a more complete manner."
"It is agreed that an intelligence agency
must maintain secrecy to be effective," the
Rules Committee said. "There is, however,
a profound difference between an essential
degree of secrecy to achieve a specific purpose
and secrecy for the mere sake of secrecy.
Secrecy now beclouds everything about CIA,
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, 1956]
ANOTHER Loom
President Eisenhower is reported to be
very much opposed to.a bill sponsored by
Senator MANSFIELo 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 It.
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
cies 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 CONGRESSIONAL RECORD of March
12, 1956]
CONTROL OvEa CIA NOT IMPRACTICAL
(Extension of remarks of Hon. CLEMENT J.
ZABLOCKI, of Wisconsin. in the House of
Representatives, Thursday, March 8, 1956)
Mr. ZABLOCKI. Mr. Speaker, under leave to
extend my remarks'in the RacoaD, I wish to
recommend to the attention of the member-
ship of this body an editorial which appeared
in the Milwaukee Journal on March 6, 1956, citizens to serve as watchd( over the Cen-
entitled "Some Congressional Control Over tral Intelligence Agency. ' 11rir duties will
CIA Is Not Impractical." be to review periodically r?- workings of
During the last 3 years I have exerted re- the supersecret CIA and r o