Eisenhower Library, Eisenhower papers, Whitman file

Memorandum of Discussion at the 140th Meeting of the National Security Council on Wednesday, April 22, 19531

top secret
eyes only

Present at the 140th Meeting of the National Security Council were the President of the United States, Presiding; the Vice President of the United States; the Acting Secretary of State; the Acting Secretary of Defense; and the Acting Director for Mutual Security. Also present were W. Randolph Burgess, for the Secretary of the Treasury; the Secretary of the Interior (for Item 4); the Director, Bureau of the Budget; the Chairman, Atomic Energy Commission (for Item 5); the Director of Defense Mobilization; the Federal Civil Defense Administrator (for Item 5); Robert LeBaron, Department of Defense (for Item 5); General Vandenberg, for the Chairman, Joint [Page 1352] Chiefs of Staff; the Director of Central Intelligence; Sherman Adams, Special Assistant to the President (for Item 3); the Special Assistant to the President for National Security Council Affairs; the Special Assistant to the President for Cold War Planning; the Special Assistant to the President for Atomic Energy Matters; the Military Liaison Officer; the Executive Secretary, NSC; and the Deputy Executive Secretary, NSC.

There follows a general account of the main positions taken and the chief points made at this meeting.

[Here follow an oral briefing by the Director of Central Intelligence on significant world developments affecting United States security and a discussion of the situation in Korea.]

3. National Security Problems Concerning Free World Petroleum Demands and Potential Supplies (NSC Action No. 7562)

The National Security Council:

Confirmed the following action on the subject taken at the last meeting of the Council on April 8:

a.
Concurred in the statement which the Attorney General proposed to make to the court with respect to termination of the Grand Jury proceedings in the so-called oil Cartel case, institution of a civil action under the anti-trust laws, and constitution of a committee drawn from governmental departments and agencies to screen evidence and segregate from public disclosure evidence with national security implications.
b.
Noted that the Secretary of State agreed with the decision in a above to discontinue the criminal proceedings, but believes that the institution of a civil suit would seriously prejudice United States foreign relations unless the proceedings are conducted with due regard for all matters affecting such foreign relations as well as national security.
c.
Recommended that the President request the Attorney General to initiate a restudy of the anti-trust laws with particular attention to the provisions relating to operations by Americans wholly outside of the United States.
d.
Recommended that the President press for an extension, beyond its present expiration date, of Section 708 of the Defense Production Act of 1950, as amended,3 relating to voluntary agreements to further the objectives of said Act.
e.
Approved that public announcement of the action under a above be made by the Attorney General and at a time determined by him.4

[Page 1353]

Note: The above actions have been approved by the President, and a, b, c and e transmitted to the Attorney General for implementation.5

  1. Prepared on Apr. 23 by Deputy Executive Secretary of the NSC Gleason.
  2. Regarding NSC Action No. 756, see the memorandum of discussion at the 139th meeting of the National Security Council, Apr. 8, p. 1346.
  3. P.L. 774, enacted Sept. 8, 1950; for the text, see 64 Stat. 799.
  4. The wording of this action had been the subject of correspondence between the Special Assistant to the President, Robert Cutler, and Secretary of State Dulles. Attached to a memorandum of Apr. 14 from Cutler to Secretary Dulles was a draft record of action to be confirmed at the Apr. 22 meeting of the NSC, which Cutler said Attorney General Brownell had approved. The wording of this draft was identical to the action as subsequently approved at the meeting except for paragraph b, which reads, “Noted that the Secretary of State, while not opposing the action in a, believes that a civil suit will seriously prejudice U.S. foreign relations in the Middle East unless the proceedings are conducted with due regard for all matters affecting the national security.” (800.2553/4–1453) In a memorandum of Apr. 20 to Cutler, drafted by Legal Adviser Phleger, Secretary Dulles suggested that paragraph b be rephrased as follows: “Noted that the Secretary of State agreed with the decision in a to discontinue the criminal proceedings but believes that the institution of a civil suit would seriously prejudice United States foreign relations. Recommended that this matter be given further study.” (800.2553/4–1453)
  5. The entire action was designated NSC Action No. 766. (S/SNSC (Miscellaneous) files, lot 66 D 95, “Records of Action”)