LETTER TO HONORABLE LEWIS L. STRAUSS FROM ALLEN W. DULLES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP62-00631R000200090015-6
• Release Decision: RIPPUB
• Original Classification: C
• Document Page Count: 12
• Document Creation Date: December 21, 2016
• Document Release Date: August 24, 2006
• Sequence Number: 15
• Publication Date: January 17, 1958
• Content Type: LETTER

11 .kU, jam'
rable Lewis L. Strauss
Washington 25, -D. C.
hairman, Atomic Energy
Since the passage of the Atomic E-nergy Act of 195,6,*',
representatives of the Atomic >:nergy Commission and this
Agency have been attempting to reduce the problems involved
in authorizing access to Restricted Data by personnel of this
Agency who require such material in connection with their
official duties.
The two main problems are the time and expense involved
in security investigations and the interchange between personnel
of this Agency granted access to Restricted Data and personnel
of other agencies, particularly in the Department of Defense, who
are also authorized access to the same material.
In connection with the investigation problem. I believe our
":ffice of Security has demonstrated to your security officials that
our investigative and clearance proceedings for the personnel
involved meet all the requirements of section 145 of the atomic
Energy Act of 1954. Yet in any one case whore an employee of
this Agency assumes duties which require access to Restricted
rata, it has been the practice to follow the requirements of
section 1,15, including a full field investigation by the Federal
Bureau of Investigation even though we are prepared in such case
to make available to the Commission for review the results of our
own investigation. This compliance with section 145 means a delay
M .IC r D", F
 Approved 'For Release 2006/08/29: CIA-RDP62-00631 R000200090015-6
of several months at 1 east salt involves an expenditure of G ern-
ment funds that would appear to be an unnecessary duplication,
We bad hoped that the exception set forth in subsection b.
an 145, authorising th.e Commission or General Manager to
grant access to RestariCted :::ata without the detailed investigations
otherwise specified in thst section, would provide a means for
in g this throe c ono ring duplication. We have been informed
that there is doubt whether the authority in this subsection could be
extended so as to grant access to our employees based on their
Central Intelligence Agency clearance. It would seem appropriate,
therefore, to seek an amendment to the law to provide for such
action.
This was done for the Department of Defense in section 143
of the 1954 Act. It is Our understanding that under this section access
to P estricted Data is granted to personnel in the Department of
L`efense and members of the armed forces when appropriate certi-
fication and determination is made that the individual requires the
information in performance of his duties and that permitting the
access will not endanger the common defense and security.
Similar arrangements would be completely satisfactory to this
Agency so far as the clearance problem is concerned, and I propose,
therefore, that legislation be requested which would put Central
Intelligence Agency personnel on the same basis as Department
of l'-Defense personnel and mearbers of the armed forces. To
assure that there would be no legal barrier to interchange between
Central Intelligence Agency personnel and the Department of
efense personnel granted access in this manner, as well as
persons granted access under section 145b. I feel the legislation
should clearly authorize such interchange.
I am enclosing a proposed amendment to section 143 which
we believe if enacted would fulfill these purposes. I trust it will
be agreeable to you to present such a proposal during the present
session of the Congress. If you desire any further information,
I suggest you have your representative contact our General Counsel.
OGC:LRH:jeb
DCI ADJ SI
DDCI Legislative Counsel
ER General Counsel
DD/I
neerely,
 200090015-6
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S
of an Agency of
od Fortes. or &a
ss to hove access to any
E J *y**
prospecti
ars Ucenate* Of the Commission or any
coos to . *strtcta4 Data b
the possassioa of
of
45b or this s+ecti any g
in the per#as eance of
is f*rth.mnc* of resaarch and development
intelligence acdvtUes in the field at Momic
:d so csrtifie4
by the head of the appropriate agency of the Department of i; efense or
his designs, or thi
4gence or his desi e.:
r his designee or
of
sscaritlr. psi further, at the r fry of +>.t ss or
 Approved For Re1P,&,se 2006/08/29: CIA-RDP62-00631 R000200090015-6
p*r**%n*l and other
agency are ad to
est*blt.hea by the c,
 Approved For Release 2006/0&f29 : CIA-RDP62-00631 R0 200090015-6
STANDARD FORM ND..04
Efct-eer/
Office Memorandum ? UNITED STATES GOVERNMENT
General Counsel DATE:
Deputy Director of Security
Revision of Section 143 of The Atomic Energy Act.
1. In accordance with your request for comments, the
attached draft letter to the Chairman, Atomic Energy Commission,
forwarding a proposed amendment to Section 143 of The Atomic
Energy Act has been reviewed and the following suggestions are
made.
(a) In line 6 of page two - the words "for review"
should be inserted between the words "Commission"
and "the results."
(b) In the second line from the bottom of page two -
the words "and determination" should be inserted
between the words "certification" and is made."
(c) In the ninth line of page three - the words "as
well as persons granted access under Section 145b"
should be inserted after the word "manner."
2. If we can be of any further aid in effecting this
amendment, please advise.
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?
DRAFT
OGC:LRH:jeb
9 Jan 1958
Honorable Lewis L. Strauss
Chairman, Atomic Energy
Commission
u ashington 25, D. C.
Dear Lewis:
Since the passage of the Atomic Energy Act of 1954,
representatives of the Atomic Energy Commission and this
Agency have been attempting to reduce the problems involved
in authorizing access to Restricted Data by personnel of this
Agency who require such material in connection with their
official duties.
The two main problems are the time and expense involved
in security investigations and the interchange between personnel
of this Agency granted access to Restricted Data and personnel
of other agencies, particularly in the Department of Defense, who
are also authorized access to the same material.
In connection with the investigation problem, I believe our
Office of Security has demonstrated to your security officials that
our investigative and clearance proceedings for the personnel
involved meet all the requirements of section 145 of the Atomic
 Approved For Release 2006/08/29: CIA-RDP62-00631 R000200090015-6
:Energy Act of 1954. Yet in any one case where an employee of
this Agency assumes duties which require access to Restricted
Data, it has been the practice to follow the requirements of section
145, including a full field investigation by the Federal Bureau of
Investigation even though we are prepared in such case to make
available to the Commission the results of our own investigation.
This compliance with section 145 means a delay of several months
at least and involves an expenditure of Government funds that would
Para.
appear to be an unnecessary duplication. / We had hoped that the
exception set forth in subsection b. of section 145, authorizing the
Commissioner or General Manager to grant access to Restricted
Data without the detailed investigations otherwise specified in that
section. would provide a means for eliminating this time-consuming
duplication. We have been informed that there is doubt whether the
authority in this subsection could be extended so as.to grant
access to our employees based on their Central Intelligence Agency
clearance. It would seem appropriate, therefore, to seek an amend-
ment to the law to provide for such action.' This was done for the
Department of Defense in section 143 of the 1954 act. It is our under-
standing that under this section access to Restricted Data is granted
to personnel in the Department of Defense and men* s of the armed
forces when appropriate certificationnis made that the individual
requires the information in performance of his duties and that
 Approved For Release 2006/08/29: CIA-RDP62-00631 R000200090015-6
permitting the access will not endanger the common defense and
security. Similar arrangements would be completely satisfactory
to this Agency so far as the clearance problem is concerned, and
I propose, therefore, that legislation be requested which would
put Central Intelligence Agency personnel on the same basis as
Department of Defense personnel and members of the armed forces.
To assure that there would be no legal barrier to interchange between
t.ho. Central Intelligence Agency personnel a~+_' thy. Department of
Defense personnel granted access in this manner ,AI feel the legis-
lation should clearly authorise such interchange. ` t
I am enclosing a proposed amendment to section 143 which
we believe if enacted would fulfill these purposes. I trustit will
be agreeable to you to present such a proposal during the present
session of the Congress. If you desire any further information,
I suggest you have your representative contact our General Counsel.
Sincerely,
Allen U. Dul l e s
Director
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? ?
section 143
"Sec. 143. Department of Defense and Central Intelligence
Agency Participation. --- The Commission may authorize any employee
n Agency of the Department of Defense or of its contractors, or
any member of the Armed Forces, or any employee of the Central
Intelligence Agency to have access to any Restricted Data required
in the performance of his duties and to discuss with or mutually ex-
change with any employees, or employees of any contractor, prospective
contractor, licensee or prospective licensee of the Commission or any
persons authorized access to Restricted Data by the Commission under
the provisions of Section 145b or this section any Restricted Data in
the possession of either required in the performance of his duties or
in furtherance of research and development, military utilization, or
intelligence activities in the field of Atomic Energy and so certified
by the head of the appropriate agency of the Department of Defense or
his designee or the Director of Central Intelligence or his designee:
Provided, however, That the head of the appropriate agency of the
Department of Defense or his designee or the Director of Central
Intelligence or his designee, has determined, in accordance with the
established personnel security procedures and standards of such agency,
that permitting the member or employee to have access to such Restricted
Data will not endanger the common defense and security: And provided
further, That the Secretary of Defense or the Director of Central
 v
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v 1P
Intelligence finds that the established personnel and other security
procedures and standards of such agency are adequate and in reasonable
conformity to the standards established by the Commission under
section 145.
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^~ N?1 SSIFIED CONFIJTIAL.....
CENTRAL INTELLIGENCE AGENCY
OFFICIAL ROUTING SLIP
Deputy Director of Security
I
General Counsel 221 East
APPROVAL
ACTION
: COMMENT
INFORMATION
DIRECT REPLY
PREPARATION OF REPLY
RECOMMENDATION
1/10158
SIGNATURE
RETURN
DISPATCH
FILE
Remarks: Any commeftS and saggestions Will
be welcomed.
FORM NQ 3O_[} rrnvlu??- -
1 NOV53 U. S. GOVERNMENT PRINTING OFFICE 16-W5482
SECRET CONFIDENTIAL UNCLASSIFIED
(40)
 ed For Release 2006/08
MEMORANDUM FOR: THE SECTOR
Attached is a proposal to Admiral
Strauss that the Atomic Energy Act be amended
so that "Q" clearances can be granted based on
our security clearances instead of requiring
complete reinvestigation, and also authorizing
interchange between people so cleared and
people granted "Q" clearances under other
authorities. The Office of Security and Office
of Scientific Intelligence concur.
HOUSTON 17 Januar 1958
.LA %r RENGE R. General Counsel (DATE)
FORM NO. ((~~ REPLACES FORM 10-101
I eiic cw 'V' wu.ru MAV
(47)
90015-