Section 10 of the Atomic Energy Act of 1946 places upon the Atomic Energy Commission the responsibility for assuring that individuals are em-ployed by the Commission only when such employment will not endanger the common defense and security. In addition, Executive Order 10450 of April 27, 1953, requires the suspension of employment of any individual where there exists information indicating that his employment may not be clearly consistent with the interests of the national security.
As a result of additional investigation as to your character, associations, and loyalty, and review of your personnel security file in the light of the requirements of the Atomic Energy Act and the requirements of Executive Order 10450, there has developed considerable question whether your con-tinued employment on Atomic Energy Commission work will endanger the common defense and security and whether such continued employment is clearly consistent with the interests of the national security. This letter is to advise you of the steps which you may take to assist in the resolution of this question.
The substance of the information which raises the question concerning your eligibility for employment on Atomic Energy Commission work is as follows:
It was reported that in 1940 you were listed as a sponsor of the Friends of the Chinese People, an organization which was characterized in 1944 by the House Committee on Un-American Activities as a Communist-front organization. It was further reported that in 1940 your name was included on a letterhead of the American Committee for Democratic and Intellectual Freedom as a member of its national executive committee. The American Committee for Democracy and Intellectual Freedom was characterized in 1942 by the House Committee on Un-American Activities as a Communist front which defended Communist teachers, and in 1943 it was characterized as subversive and un-American by a special subcommittee of the House Committee on Appropriations. It was further reported that in 1938 you were a member of the Western Council of the Consumers Union. The Consumers Union was cited in 1944 by the House Committee on Un-American Activities as a Communist-front headed by the Communist Arthur Kallet. It was further reported that you stated in 1943 that you were not a Communist, but had probably belonged to every Communist front organization on the west coast and had signed many petitions in which Communists were interested.
It was reported that in 1943 and previously you were intimately associated with Dr. Jean Tatlock, a member of the Communist Party in San Francisco, and that Dr. Tatlock was partially responsible for your association with Communist-front groups.
It was reported that your wife, Katherine Puening Oppenheimer, was formerly the wife of Joseph Dallet, a member of the Communist Party, who was killed in Spain in 1937 fighting for the Spanish Republican Army. It was further reported that during the period of her association with Joseph Dallet, your wife became a member of the Communist Party. The Communist Party has been designated by the Attorney General as a subversive organization which seeks to alter the form of Government of the United States by unconstitutional means, within the purview of Executive Order 9835 and Executive Order 10450....
It was reported that you have associated with members and officials of the Communist Party including Isaac Folkoff, Steve Nelson, Rudy Lambert, Kenneth May, Jack Manley, and Thomas Addis.
It was reported that you were a subscriber to the Daily People's World, a west coast Communist newspaper, in 1941 and 1942....
It was reported that prior to March 1, 1943, possibly 3 months prior, Peter Ivanov, secretary of the Soviet consulate, San Francisco, approached George Charles Eltenton for the purpose of obtaining information regarding work being done at the Radiation Laboratory for the use of Soviet scientists; that George Charles Eltenton subsequently requested Haakon Chevalier to approach you concerning this matter; that Haakon Chevalier thereupon approached you, either directly or through your brother, Frank Friedman Oppenheimer, in connection with this matter; and that Haakon Chevalier finally advised George Charles Eltenton that there was no chance whatsoever of obtaining the information. It was further reported that you did not report this episode to the appropriate authorities until several months after its occurrence; that when you initially discussed this matter with the appro-priate authorities on August 26, 1943, you did not identify yourself as the person who had been approached, and you refused to identify Haakon Chevalier as the individual who made the approach on behalf of George Charles Eltenton; and that it was not until several months later, when you were ordered by a superior to do so, that you so identified Haakon Chevalier. It was further reported that upon your return to Berkeley following your separation from the Los Alamos project, you were visited by the Chevaliers on several occasions; and that your wife was in contact with Haakon and Barbara Chevalier in 1946 and 1947.
It was reported that in 1945 you expressed the view that "there is a reasonable possibility that it (the hydrogen bomb) can be made," but that the feasibility of the hydrogen bomb did not appear, on theoretical grounds, as certain as the fission bomb appeared certain, on theoretical grounds, when the Los Alamos Laboratory was started; and that in the autumn of 1949 the General Advisory Committee expressed the view that "an imaginative and concerted attack on the problem has a better than even chance of producing the weapon within 5 years." It was further reported that in the autumn of 1949 and subsequently, you strongly opposed the development of the hydrogen bomb; (1) on moral grounds, (2) by claiming that it was not feasible, (3) by claiming that there were insufficient facilities and scientific personnel to carry on the development and (4) that it was not politically desirable. It was further reported that even after it was determined, as a matter of national policy, to proceed with development of a hydrogen bomb, you continued to oppose the project and declined to cooperate fully in the project. It was further reported that you departed from your proper role as an adviser to the Commission by causing the distribution separately and in private, to top personnel at Los Alamos of the majority and minority reports of the General Advisory Committee on development of the hydrogen bomb for the purpose of trying to turn such top personnel against the development of the hydrogen bomb. It was further reported that you were instrumental in persuading other outstanding scientists not to work on the hydrogen-bomb project, and that the opposition to the hydrogen bomb, of which you are the most experienced, most powerful, and most effective member, has definitely slowed down its development.
In view of your access to highly sensitive classified information, and in view of these allegations which, until disproved, raise questions as to your veracity, conduct and even your loyalty, the Commission has no other recourse, in discharge of its obligations to protect the common defense and security, but to suspend your clearance until the matter has been resolved. Accordingly, your employment on Atomic Energy Commission work and your eligibility for access to restricted data are hereby suspended, effective immediately, pending final determination of this matter.
To assist in the resolution of this matter, you have the privilege of appearing before an Atomic Energy Commission personnel security board. To avail yourself of the privileges afforded you under the Atomic Energy Com-mission hearing procedures, you must, within 30 days following receipt of this letter, submit to me, in writing, your reply to the information outlined above and request the opportunity of appearing before the personnel security board. Should you signify your desire to appear before the board, you will be notified of the composition of the board and may challenge any member of it for cause. Such challenge should be submitted within 72 hours of the receipt of notice of composition of the board. . . .
If a written response is not received from you within 30 days it will be assumed that you do not wish to submit any explanation for further consideration. In that event, or should you not advise me in writing of your desire to appear before the personnel security board, a determination in your case will be made by me on the basis of the existing record....
Very truly yours,
K. D. Nichols, General Manager