LETTER TO HONORABLE MAURICE H. STANS FROM ALLEN W. DULLES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80B01676R000800020038-3
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 6
• Document Creation Date: December 14, 2016
• Document Release Date: May 2, 2003
• Sequence Number: 38
• Content Type: LETTER

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on ()rabic Maurice H. $tans/
Director
Bureau of the Budget
Washington 25, D. C.
Lear Mr. Awns:
There is forwarded herewith a proposed L.cecutive Order to
uthorise the Ceram' Intelligence Agency to communicate, in
accordance with the terms and conditions of agreements for co-
operation arranged pursuant to subsections 144a, b, or c of the
Atomic Energy Act of 1954, as amended, such Restricted Data, as
is determined to be transmissible under the agreement for coopera-
tion involved. Subsection 1444, which was added to the Atomic knergy
Act of 1954 by Public law 85-479, dated July 2, 1959, specifically
provides for such authorisation by the Preaident for any agency of
the United States. It was specifically added to cover the Central
Intelligente Agency problem and agency representatives supported
it in testimony before the Joint Committee on Atorroc :2,,nergy.
The background relating to the transfer of Restricted Data
for intelligence purposes was summarised in part in our letter of
September 19, 1958, in commenting on the provisions of the draft
of Executive Order 101141, dated September 30, 1959, entitled
Providing for the Carrying Out of Certain Provisions of the
Atomic tmergy Act of 1951, as amended, Relating to biternational
Cooperation." As was indicated in that letter, a very effective
and profitable exchange of atomic energy intelligence information
has been developed and conducted with
The Central Intelligence Agency has provided
the focal point and channel for the exchange of this information,
and pursuant to a letter from President Truman to the Chairman
of the Atomic Energy Commission, dated June 25, 1952, has
prescribed the mechanism for disseminating for intelligence
purposes the limited amount of Restricted vats information
r e
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authorised for exchange. Public Law 85-479 and thel
make possible significant in-
creases in this collaboration, and the cooperation authorized by the
President in the exchange of United States nuclear weapons design
data provides a meaningful frame of reference for the exchange of
corresponding Restricted Data information on Soviet nuclear weapons.
Authority granted to the Central Intelligence Agency to communicate
for intelligence purposes will permit the continuation of the previous
practices in this field in providing a focal point for this effort and
insuring adequate coordination and representation of the various
intelligence agencies which have a keen interest in this vital area.
It ill avoid the necessity of authorisation by the President presently
required in each instance where transmission under the authority of
subsection 144d of the Act is desired.
With regard to Executive Order 10841, which was approved on
tier 30. 1959, a determination was made by the Duress of the
Budget that it was desirable to include in that Order only the delega-
tion of certain responsibility vested in the President under sub-
sections 31(c). 144a. 144b, and 144c of the Atomic Energy Act of 1954,
as amended by Public Law 85-479. and to exclude the delegation of
authorities under subsection 144d which was requested in our letter
of September 0, 1958. It is now necessary to provide by separate
order the delegation authorized by subsection 144d of the Act.
Authorisation by the President if transmission of .8 ifetricted
Data for intelligence purposes under subsection 1444 of the Act has
been under consideration for well over a year and has been the
subject of many discussions with representatives of the Atomic
,nergy Commission and the Department of Defense. The proposed
Order submitted herewith has two major changes from one prepared
and forwarded to us informally under date of August 18, 1959. by
representatives of the Atomic Energy Commission. First, there
has been deleted a requirement that each cornroimication made in
accordance with agreements under the Act be specifically approved
by the Atomic Energy Commission and the Department of Defense.
Secondly, the requirement has been removed that each recipient of
a communication be approved by the Atomic Energy Commission
and the Department of Defense. Both of the items are unacceptable
to this Agency for the religion that they constitute additional procedural
requirements and are inconsistent with existing exchange agreements
relating to transfer of military and other Restricted Data.
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Order 10841 was approved on :Jeptember 30. 1959,
without the iucluaion of authorisation for the Central Intelligence
Agency under subsection 1444 of the Act for the transmission of
Restricted Data for intelligence purposes. It is requested that a
review and approval of the proposed Order forwarded herewith be
provided as expeditiously as possible.
cerely.
len W. ea
7-tirectop
.E,:nclosure
(1GC/LC:JGO:rnmw:ieb
9/41-addressee
/1-DCI
nDr.T
1- OSI
gislative Counsel
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TIVI. ORD F.
AUTHORIZATION FOR TI-IZ COMMUNICATION OF RLSTJt1CThD DATA
BY THE CENTRAL- INTELLIGL,NCE ACik;NCY
vLrtue of the authority vested in me by the Atomic nergy
Act of 1954, as amended (hereinafter referred to as the Aet; 44 U S. C.
IOU et seq. ). and Section 301 of Title 3 of the United States Code. and
as President of the United States;
I hereby authorize the Central latell.gencs Agency to comm unicste
for intelligence purposes, in accordance with the terms and conditions
of any agreement for cooperation arranged pursuant to subsections 144a,
or c of the Act, such Restricted Data and data removed from the
Festricted Data category wader subsection 1424 of the Act (42 U.S. C.
2,16.2d) as ie determined by the Atomic Lnergy Commission and the
Department of Defense, in consonance with the provisions of the Act
to be transmissible under the agreement for cooperation involved.
Such communications shall be through mechanisms established by
the Central intelligence Agency in accordance with the terms and
conditions of the agreement for cooperation involved.
OUSE
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o o,utiet
NEMORANDUK : Director et Central Inteliieence
etiReTECT:
Proposed Jenecutive Order o Authoress, elA te CommenLcate
t:or Intelligence Purpoees in Accordaece wie.eue
Preeviatena of the Atomie nnerey Act 1954, As Amended.
1. This memorandum contains a recommendaeien ;or eeeeen by tee nerector
ef Central Intelligence. eemn revommendaeion is eoetaieed in paraerape 4.
2. Public Law 05-479 coutained an amendment tu eecetun 3.44d ex Idle
Atomic Energy Act of 1954 proviaine that "the Fresident may authoriee and
aeeney of the United etate e to communicate in auverdance wite She Levee
an conditiOne of an agreement eor cooperatiou arranged pureeant to euneeceiene
e44a, b, and c :inch Restricted Data as ie determiaed to be transmisaibee
-nder the agreeeent for coeperweion involved. ile eeciusion or tuie
laneuaee ie the law wee a direce reeule ue tee eieerts of eels. Aeenc5 te
eletain a provieion whicn would epecificalee sietnerise teie Aeenc. to die-
eeminate such Reetricted Data fer inteleleence purposes. In woreine with
eee Atomic Energy Commissien ann ene Depareweet ce veiniest' eor an appropriaee
prevision, the Aeency agreea to ;he general laneueee containee in the law
ee anscted. The President siened tee legislatioe on e Jely 1)56.
3. On 15 ,eeptember 115, while the Aeency waa in eae proceee ol
preparing an appropriate Exec itive Order 0 enerimine Lag-Z Aeaucy ee come
eunicate Restricted Data for ineelligence ptrpoacs, the Bureee of Lee
Budeet forwarded a joint Atomic _Energy Commission . Departmeee oi Defenee
proposal for our comment. This proposed executive Order cid net, Auclude
an authorisation for communication or ilesLr'clea iieea lee intellieence
perposes. However in view of the weltmiesioe of eee Aeeeic eneree Commiseleu
Departmene of Defense proposal, it was deternined an ateeept eheued be
eade to obtain aetheriSation tnrougn an amenament to eeee prepouese retteer ta8fl
teroteell the sebmiesien of a 'separate Execeeeve Order. Accordingly, on
ptember 19, 1958, General Cabell 'signed a letter to the bureau or tie
Dedeet eueeesting cane e te include tee Central Ineellegence Agency re-
'pavements. The atte Department also eugeeeeed ciasn6eb in the Atomic
e;neree' Commiesion Departmene or Dere-else Tne Aeomic enerey Coeeleeion
and the Department of Defense objected to tiLe Central intellieence Aeency
and 3tate Department recommendations. On final review trio bureau of tee
Budeet determined that the deleestion of authority regeeseeu ly leie Aeenc
not be included In that Order.
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4.. 3ie that time, Mr.'sousto ux 1 :lave eee -vt Au:sic
Jnery xinton, Department of Defenam sad. Bur4au of the B4et riessntativee
in an effort t rah an azreemeot on the lendusee of an appropriate
iececutive-Order. The sttached draft Order use resulted from those nee;otiationa.
5. The attached propoeee iwtocutive Ord=x ku4;tic major cies from
one prepared sod forwarded informally to ea by representatives of the
Atomic Energy Commission. rirst, there hoe been deleted a requirement
that each communication made in accordance with acre:meanie under the Act
be speeifically approved 1.1:! the Atomic twarey Commission and the Department
of Defense. .;econd, the reqeirteeet has been removed that .sell recipient
of a communication be approved by the Atomic: Energy CommisaiOn and the
Departrent or Defense. Both or these iters are unacceptable for the reason
that they constitute additiouel procedural requiremente and are inconsistent
with existirw, estehende agreements relating to tranefer cf military and ot.
Restricted Data. We do not feel that fther netotittWn will provide
9-'reement on these points.
Although 1 have no ?,uarentee -i, ,i. 1:,..?0nic ergyc :
be Department of Defentie v511 fremseIly accept ti.e eroposal,
oral recommendatitim of the Generol Couneal, i:iureau or the
4 our request for the &operate -4Llicutve er to the Bureele
An7, ibtleS'att.&bt be reGtAved exp-At!i7,-1/4--
74
d an 'i.x44.1ti4e
he co
despite Pre
Pr
to exchatTre this -
thia difficulty.
C
'we Or for taa
by he Central Inteilieence lac ley.
I STATfor
istricted Data I eLline Wrialki 444 in Netleh
iy t440 ACO and JIG have rued to honor this channel
1 euthoriastion fol the Central intellivence Agency
ial. The proposetL utiV de 'will clear 4P
Distribution:
Orig. - Legis1ative Counsel
- DCI
1 - DDCI
1 - ER
1 - OSI
OGC/LC:JGO:mmir (3 November 1959)
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