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The Attorney General favored splitting the Council action,
es recommended by the Treasury (one action to deal with the general
port security program and the second action to deal specifically
with the matter of proposing legislation to deal with problems grow-

ing out of the Parker v. Lester decision).

The Acting Secretary of State said his Department was very
concerned about the problems occasioned by the Parker v. Lester decision, and it was the hope of that Department that the Administration would draft and submit legislation on the subject to the Congress. It was the Department's thought that if corrective action is
not taken by the Congress, it should be made clear that the Legislative and not the Executive Branch is responsible for the situation
which obtains.
The Attorney General agreed with the Acting Secretary of
’ State, provided legislation along the lines indicated is determined
- to be constitutionally possible. The Attorney General said this
matter would be considered when efforts are made to draft such
legislation. He said that he would personally try to get across
the point that resolution of the problem described in detail by
General Cutler rests with the Congress or the courts, and not with
the Executive Branch.

General Cutler next commented on paragraph 14 of NSC 5802,

dealing with selected internal security measures, including the development and use of detection devices, to meet the threat of clandestine introduction of nuclear weapons into the United States. He
stated that the policy guidance in this paragraph is consistent with
the revisions of our Basic National Security Policy and with the
President's assignment, in 1953, to the NSC's Internal Security Conmmittees of responsibility for coordinating the development of countermeasures to detect and defend against the clandestine introduction of nuclear weapons into the United States. He stated that in
the course of the Planning Board's discussion of this matter, the
following operational facts were brought out:

"(1)

The existing devices used to detect clandestine

"(2)

(a)

introduction of nuclear weapons are not discriminating and
require improvement to be able to identify fissionable
from other radioactive material.
—

In 1956, at conferences between Treasury,

Justice, and the NSC Internal Security Committees,
the Committees accepted--as a limited start towards

what they considered a necessary total countermeasures progrem against clandestine introduction of
nuclear weapons--a Treasury proposal under which
Treasury would procure and put into use 125 detection devices for Coast Guard and 90 devices for
Customs.
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