Draft Public Guidelines on Department of Energy Classification of Information

Specifically
Background
Benefits
Who Are the Key Stakeholders?
Contact
Questions and Answers

The Department of Energy is releasing today for public use a draft unclassified description of present classification guidelines concerning nuclear weapons related information. Today's release of the draft classification guidelines are a result of requests by the public for unclassified guidelines. However, it is necessarily incomplete; some of the information required to make the guidance fully specific is sufficiently sensitive that its publication would contribute to proliferation of nuclear weapons, whether initial acquisition or improvements to existing capabilities.

Specifically

This draft "Public Guidelines to Department of Energy Classification of Information" gives the most specific detailed public description possible of information that the Department of Energy has determined must continue to be protected under law, treaty, and regulation from potential adversaries, proliferants, and terrorists in the interest of national security. Public comments on this draft document are requested.

Background

All information concerning nuclear energy was classified during the wartime development of nuclear weapons.
Most information concerning environment, safety, and health and most basic science and technology was declassified shortly after the end of World War II. However, some documentary sources of this information still contain other classified information, thereby preventing declassification and public release of the documents without prior review and approval.
Strict controls over military applications of nuclear energy have continued. The structure of the current classification system was largely determined by Congress in the Atomic Energy Act of 1946, with only slight changes in the current Atomic Energy Act of 1954: "It shall be the policy of the Commission [The Atomic Energy Commission, now the Department of Energy] to control the dissemination of Restricted Data [defined as: "all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the production of energy"] in such a manner as to assure the common defense and security."
Dissemination of scientific and technical information relating to atomic energy was encouraged, to the extent that it was determined that it "can be published without undue risk to the common defense and security."
Since 1946, a very large amount of information concerning nuclear science and technology has been declassified and published. Some releases resulted from major policy changes such as the declassification of civil nuclear power information in the 1950's. Most releases, however, were a variety of smaller changes which resulted from reevaluation of "undue risk," e.g., changed programmatic needs and worldwide dissemination of similar information.
Today, most Department of Energy classified information is technical information concerning defense applications of nuclear energy in the areas of nuclear weapons and military reactors. The Department does have a large holding of classified documents, many of them containing information that must continue to be protected to limit proliferation.

Benefits

As a result of this document, the American public will have information that is important to the current debate over nuclear weapons, nuclear power, and all of the Department's nuclear programs and disposition of nuclear materials. It provides a vehicle for specific stakeholder comments to the Department of Energy regarding classification policies within the Department. The release of this information should encourage other nations to present similar information concerning their nuclear programs.
Facilitates public understanding, criticism, and ultimately support of information controls to protect legitimate national and international security concerns.
Contributes to development of common international standards for control of information affecting proliferation of nuclear weapons.

Who Are the Key Stakeholders?

The Public. Concerned citizens will be aware of the Department's classification policies.
Environmental, Safety and Health Organizations, Historians, and Freedom of Information Act Requesters. These groups will all benefit from a clearer understanding of the Department's classification policy, allowing them to better frame their requests to get a prompt response.
Other Governments. They will be better able to cooperate in developing common international standards for control of proliferation-sensitive information.
Public Interest Organizations. Those organizations interested in policy related activities will have additional information regarding the Department of Energy classification policy. Public interest organizations which have expressed such an interest include (but are not limited to): American Friends Service Committee, Council for a Livable World, Dayton Citizens for Global Security, East Bay Peace Action, Energy Research Foundation, Friends of the Earth, Government Accountability Project, Illinois Peace Action, Military Production Network, National Security Archive, National Center for Economic Alternatives, Natural Resources Defense Council, Nuclear Guardianship Project/Forum, Physicians for Social Responsibility, Plutonium Challenge, and the Rocky Mountain Peace Center.

Contact

U.S. Department of Energy
Office of Public Affairs
Contact: Sam Grizzle
(202) 586-5806

U.S. Department of Energy, Office of the Press Secretary, Washington, DC 20585

QUESTIONS AND ANSWERS

Q. Why not provide copies of actual classification guides -- expurgated, if necessary?

A. The classification guides contain classified or sensitive information and expurgated versions would not make sense.

Q. Why not save time and expense by declassifying information once it reaches a certain age?

A. This is not practicable since proliferants are targeting old information by U.S. standards to assist their weapons program.

Q. How long will the public have to comment on the classification guidelines and what will the Department of Energy do with the public comments? (NN-521)

A. The public will have 90 days and the comments will be discussed, evaluated, and incorporated into the final policy, where practicable, under current law, treaty, and regulation.

Q. Is this guideline being coordinated with the Department of Energy's Fundamental Review of classification policy?

A. Yes. We plan to use the public's comments on the draft public guidelines to assist in finalizing the guide and for consideration in undertaking the fundamental review of classification policy.

Q. Whom should I contact to give comments on the classification guidelines?

A. U.S. Department of Energy: Attn: A. Bryan Siebert; NN-52/GTN; Washington, D.C. 20585

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