COMMENTS BY MR. ALLEN DULLES ON PROPOSED CIG ENABLING ACT

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00610R000100030001-9
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 20, 2016
• Document Release Date: March 4, 2003
• Sequence Number: 1
• Publication Date: March 5, 1947
• Content Type: MEMO

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The Deputy Director. 5 March 191s'
Chief, Legislative Liaison Division
Cements by kr. Allen Dulles on Proposed CIO Enabling Act.
? Me. Allen Dulles has submitted, ender date of 10 Pebruaey 19i7,
his comments on the draft, dated 2 December 1946, of the proposed 0.14
Enabling Act. The undersigned submits the following remarks in con-
notation with lir. Dunes' cements.
1. Dulles: *Section 1(a). Therese of the terrenational int
ligense mission' seems to se somewhat awkward. Possibly instead
'mission' the mord. 'objectives' would be more appropriate,*
CoMont: Either term would appear to be acceptable, teet.? the
word 'objectives' can he substituted for "mission" if it is thought
that it is less awkward or ambiguous.
2. Dulles: "Section 3(a). Consideration should be gkren to
according to the Director of Intelligence the right to vote :11). the
National Intelligence Authority, both for reasons of prestige and lane
to permit matters to be referred to the President under Subsection (e)
in case by any chance there should be a difference of opinion lsetwatni
the Director and the other members of the Authority."
Cement: This suggestion can not be adopted. Weir the proposed
merger bill, the Director will not sit on the National Security Cwaneil
and therefore cannot vote. Provisions could be included, however under
Subsection 3(a)(9), if it is thought desirable, to allow the Direetce
to appeal an adverse decision by the Council to the President. aewover,
such a course of action would be extremely difficult, as it would in-
volve the President's over-ruling at least two 'Cabinet 111.1160211.
3. Dullest "Section 3(a)(6). The reference to the coeduet
foreign intelligence operations 'centrally' does not have much mearibl.
I preemie it mans the operations Which are to be carried on by th.s.
Central Intelligence Agency and I think this should ler se stated.*
Cement: This phrase has 'been amended to rigid *as well as in
the conduct of those foreign intelligence operations performed by th,1
Central Intelligence Agency? rather than *performed dentrelly
14. Dulles: "Section 3(a) (4). In a moment of crisis it night
be necessary toa meeting of the authority and it might be wise
to provide Ute machinery to do this in the Act / would favol
giving the Director the right to call a meeting as well as anyr other
members of the Authority."
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Comment: The Beal:ling Act will be amended to allow the Dire.-
tor to request an immediate meeting of the Council when this is
warranted by the urgency of the situation.
5. Dulles: *Section 304(2). It is vitally imrportant that
the Deputy Director be a *an who has the couplet* confidence of the
Director. The relatively large salary would Imam this job an attrao -
tiee political pine and there should be same safeguard against this.
Possibly it could be provided that the Deputy Director should be ap,
pointed by the Central Intelligence Authority free among & list tar-
nished by the Director.?
_
Comiassiti This consent may be equally true of the offices of
Diretaor and Deputy Director. If the Director were a civilian, the
Deputy Director would in all probability be a military or navel an- -
ear* end confirmation by the Senate would be preferable in view at the
advanced. salary- this officer will receive. Public opinion is probab4
the only safeguard in preventing the offices of Director and Deputy
Director free becoming political plums.
6. Dulles: *Section 3(h)(4). I question whether the onemere-
tion hereairrri-ad enough. Ica might wish to avail of the services
of someone in the civil service or froze some other department of ttitt
government ether than the awed forces and the State Department.
Possibly also there is a danger in the provision for payeent. If tki-st
clause means that in certain cases the person baa to be tramsferred tot
or a part of his pay assumed by, the CII, it might disclose infatua-
tion and connections .shich you did not wish to have kaolin. /Our
salary list will probably become public property sooner or later.
Commentt This Seetion us included to provide for special
cases. Anyone else would be carried, either on Central Intelligence
Ageney roll* or on the rolls of some other Department on a reinhersm.
sent basis. In either ease his Civil Service status ?would be esrtalb--
eithout the necessity of special legislation. The obleetion
raised in the second portion of this cosetent should be met * normal.
CI security provisions.
T. Dulles: *Section 304(5). The right to remploy retired
officers Zigr?well be extended to include ary retired civil servant
as wall as those who retire from the armed forces. I doubt the visdom
of Section %Wit) as this might some day be Interpreted as preventing
any motion by the Agency unless there is =animus approval Ity the Board.*
Camiente The normal retired civil servant (85 or 70) is goner-
ally considered toe old for ostployment in the Agency. If he resigns
from the Civil Service, be could be reinstated under the present pro-
cedures. The soment on Section 3(e)(4) is seademio in Tie, of the
feet that Section 3(o) deals td.th the Intelligence Arista,- Board
and has been elimineted in its entirety.
. Dullest *Section 14a)(6). X suggest deleting /watt-211V
and inserting thy the Agency.1*
Ccestent: Agreed, as in Consent 3 above.
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9. Dulles: "Section )4(a)(8). This should be rephrased as it
imposes an impossible legal reeponsibility. It might read somewhat
as follows: *be responsible for taking measures to protect, eta.?
Cements Concurred
10. Dullest ?Bastion It(a)(9). Same comment as above with
regard to the word "complete."
Cement: Concurred in.
IL Dulles: ?Section h(a)(8), (9) and (10). This migNt be a geed
place to insert a provision to provide an 'Official Secrets .tet?" 1:2 the
case of all employees of the Agency' as wall as all goverment sap] 0164111
of aZIT department who make any unauthorised disclosure or wha are respon-
sible therefor in the 'case of any information or documents cyming tato
their possession and originating with the Central Intelliowe Agencr."
Commentg This matter is in abeyance pAnding final datorminatiom
of the position of the Department of Ault-Ice on an Official leereta tat.
12. Dulles: "Section 6(.3). The provision, that traneters ot funds
from other departmentsto the ig,ffeleir is subject to authorization by the
Bureau of the Budget may be essential from an accounting angle but 14.-
trodnces a serious security problem and it would be better if the power
to authorise could be lett to the Central intelligence Authority. It
is unwise that outsiders should know the amount of funds so tranarerred."
Comment: Procedures have been developed in conjunct/cm with the
Bureau of the Budget whereby specially cleared personnel of the Bureau
of the Budget will handle these transfers, subject to tharefU). security
procedures.
13. Nr. Dulles suggests consideration of three special subjects for
eventual legislation. In connection with his suggestion regarding
Intel-
ligenee training schools, it is felt that Paragraph 4(0(1) of t be pro-
posed la111 should include the establishment of over-all policies and
objectives for intelligence training schools, including the training of
intelligence officers for duties in the field of collection and diesels-
Illation. The Central Intelligence Agency may wish to take some part in
the shaping of the intelligence courses at the National War lolleee,
the Armed Forces Staff College and. the Air Ibiversity, etc..
32m eonneetion vdth Br. Dulles, suggestion as to eventual legisla-
tion In the field of cryptography, query whether the Director ei shag to
include at this time a provision for the Central Intelligence Agency to
coordinate the cryptographic practices of the government. In connection
with, the suggestion regarding an Official Secrets Act, sae content on
Paragraph 11 -*boys.
NM=L P/ORZeKnom,
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STAFT
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