LETTER TO THE PRESIDENT FROM JOHN. A. MCCONE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP61-00357R000100060112-1
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 27, 2016
• Document Release Date: November 1, 2013
• Sequence Number: 112
• Publication Date: September 4, 1958
• Content Type: LETTER

Declassified and Approved For Release 2013/11/01 : CIA-RDP61-00357R000100060112-1
UNITED STATES
0 ATOMIC ENERGY COMMISSION
Washington 25, D.C.
4 September 1958
Dear Mr. President:
In our letter of January 27, 1958, we informed you that pursuant to
your direction proposed amendments to the Atomic Energy Act of
1954 had been prepared. The amendments proposed with certain
revisions were enacted on July 2, 1958, as Public Law 85-479.
In the letter of January 27, referred to above, it was pointed out
that the amendments provided that proposed cooperation and the
communication of Restricted Data or transfer of material or equip-
ment would be undertaken only when the President determines that
such actions will promote and will not constitute an unreasonable
risk to the common defense and security. It was also stated that if
the amendments were enacted, and Executive Order would be recom-
mended to you establishing procedures whereby the President would
authorize proposed communications or transfers only after joint
review by the Department of Defense, the Atomic Energy Commission,
and other interested agencies, and would authorize such communica-
tions or transfers in the absence of the President's personal approval
only where the Department of Defense and the Atomic Energy Com-
mission agree that the proposed cooperation and the communication
of the proposed Restricted Data, or the proposed transfer arrange-
ment for material or equipment, will promote and will not constitute
an unreasonable risk to the common defense and security:
Attached hereto for your consideration is a proposed Executive Order
carrying out the above undertaking.
/s/ Donald A. Quarles
Deputy Secretary of Defense
Sep 5 1958
Enclosure
Respectfully yours,
/s/ John A. McCone
Chairman
Atomic Energy Commission
The President
The White House Copy
Declassified and Approved For Release 2013/11/01 : CIA-RDP61-00357R000100060112-1
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Declassified and Approved For Release 2013/11/01 : CIA-RDP61-00357R000100060112-1
EXECUTIVE ORDER
DELEGATING CERTAIN AUTHORITY UNDER
THE ATOMIC ENERGY ACT OF 1954, AS AMENDED
WHEREAS, Section 91c and Sections 144b and 144c of the Atomic Energy
Act of 1954, as amended, require determinations by the President that, with
respect of Section 91c, proposed cooperation and each proposed transfer
arrangement, and with respect to Sections 144b and 144c, proposed cooperation
and the proposed communication of the Restricted Data, will promote and will
not constitute an unreasonable risk to the common defense and security; and
WHEREAS, in the interest of effective cooperation with other nations and
regional defense organizations it is desirable that these determinations be
made as promptly as possible and in the light of technical, national security
and defense considerations pertaining to the determination; and
WHEREAS, the Department of Defense and the Atomic Energy Commission
have expert knowledge and long experience in these matters:
NOW, THEREFORE, by virtue of the authority vested in me by section 301
of title 3 of the United States Code and as President of the United States, it is
hereby ordered as follows:
Section 1. There is hereby delegated to the Department of Defense and the
Atomic Energy Commission, acting jointly, after consultation with such other
agencies as is appropriate, the responsibility for making the determinations
required of the President under the provisions of Section 91c and Sections 144b
and 144c of the Atomic Energy Act of 1954, as amended, set forth above.
Section 2. In any case where the Department of Defense and the Atomic
Energy Commission are unable to agree upon such a joint determination, the
proposed determination shall be referred to the President for his decision.
Section 3. This Order shall be effective on the date of issuance hereof.
OP
Declassified and Approved For Release 2013/11/01 : CIA-RDP61-00357R000100060112-1