This booklet is a ready reference source for Authorized Classifiers. It is a handbook of the various concepts in classification and the various items of information an Authorized Classifier needs in his work. The booklet should aid in supplying answers to questions on reasons or meanings behind the classification process.

The Authorized Classifier plays a unique and important role in the atomic energy program. He is an essential authority in the classification process, the one on whom normally the average project worker relies for guidance in the classification process. Thus the proper protection of classified material generated in the atomic energy program depends chiefly upon him. Authorized Classifiers interpret the established classification guidelines and apply them in classifying documents and materials which reveal classified information.

Executive Order 11652 "Classification and Declassification of National Security Information" effective June 1, 1972 requires that classification authority be exercised by a minimum number of officials. Accordingly, in each organizational unit at AEC Headquarters, Field Offices, and AEC contractors only as many Authorized Classifiers have been designated as are necessary to accomplish the unit's assigned tasks. (Employment by the AEC or its contractors does not automatically convey authority to classify.)

In complying with Executive Order 11652, the Commission authorized 20 officials from AEC Headquarters' Divisions and Offices, Field Offices and AEC contractor organizations, to originally classify information or material as "Top Secret," "Secret," and "Confidential," and to delegate in writing to personnel under their jurisdiction, authority to originally classify information or material as "Secret" and "Confidential." For those AEC or AEC contractor organizations who are not under the jurisdiction of a Top Secret classify

ing official, authorization of individuals to originally classify information or material as "Secret" and "Confidential" must be granted by the General Manager or the Director of Regulation of the AEC as appropriate. As indicated in AEC 3401, each designation of an Authorized Classifier shall be a matter of record in the Headquarters' Division or Office, Field Office, or AEC contractor organization concerned and in the Division of Classification, Headquarters.

Requests for appointment by the General Manager of an Authorized Classifier should be addressed to the Director, Division of Classification, Headquarters. The Commission authorized the Director of Regulation to delegate to those under his administrative jurisdiction the authority to originally classify information or material as "Secret" and "Confidential."

In those cases where an Authorized Classifier is on leave, or travel, the individual "acting in his stead" automatically becomes the Authorized Classifier, while occupying that position. "Acting in his stead" means the person specifically designated to act for him in his absence from his normal duty station.

References to pertinent sections of applicable statutes, executive orders, the Federal Register, or AEC Manual Chapters are presented in the Appendix hereto. When such source is not quoted directly as a part of the discussion, the pertinent reference to the Appendix is indicated by superscript number, e.g., (x).

The procedures and special applications of classification presented herein are intended only as an adjunct to the "Classification and Declassification Handbook," AEC Manual Appendix 3401, revised October 25, 1972, which is the definitive guide in this field. Each Authorized Classifier should have a copy of that Handbook.

Congress recognized that atomic energy, with its unique and tremendous potential for both destruction and useful power, has special significance to the defense and security of the nation. (1) A special category of National Security Information; namely, Restricted Data, was therefore created. Restricted Data includes all data as defined in section 11 (y) of the Atomic Energy Act of 1954, as amended:

"The term 'Restricted Data' means 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 . . ."

To allow the boundaries of this all inclusive definition to be realistically adjusted, the definition continues as follows:

"but shall not include data declassified or removed from the Restricted Data category pursuant to section 142".

Documents containing "Restricted Data" information must bear the "Restricted Data" marking

specified in AEC Appendix 2105, Part II. B. 6. a.(2) (a).

Protection

The category Restricted Data was created so that special measures could be provided for the protection of classified atomic energy information in that particular penalties were set forth for unauthorized disclosure thereof. The Act also provides for the declassification of Restricted Data, or its transclassification to another category of National Security Information, uniquely setting Restricted Data apart from other National Security Information. Thus it is imperative that such information be clearly labeled.

Born Classified

A unique feature of any information falling within the boundaries of Restricted Data as defined by the Atomic Energy Act is that, unlike other information classified by Executive Order 11652, no action is needed to classify Restricted Data. It is classified by law at its inception; it is "born classified."

Congress did not limit the classification of atomic energy information to that generated in

the Government's atomic energy program. Information meeting the definition of Restricted Data, no matter where originated or by whom generated is Restricted Data, and its disclosure is subject to penalty. This would include information generated by a private organization or individual not on a Government contract. Indeed, the Act (6) indicates that information on foreign atomic energy programs constitutes Restricted Data unless specifically removed from the Restricted Data category by the Commission. Inasmuch as the AEC is charged by the Atomic Energy Act with the protection and control of dissemination of Restricted Data, one should be alert to all research outside the program where information meeting the definition of Restricted Data could possibly be generated.

Removal from Restricted Data

The Commissioners as a functional group, may remove information from the Restricted Data category in any of several prescribed ways. Without such action there would be very little, indeed, in the atomic energy program that could be done or written by the AEC or its contractors on an unclassified basis.

Section 142(a)(2) of the Act states that the Commission shall declassify any atomic energy data which it determines can be published without undue risk to the common defense and security. By this means, entire fields of endeavor and large portions of otherwise classified programs have been opened up, so that the information involved can be used in industry and research.

Section 142(b) (3) charges the AEC with the re

sponsibility of keeping a continuous review of its classification policy and guides so that the declassification action in Section 142(a) will be taken whenever possible.

Section 142(c)(4) requires the Department of Defense to join with the AEC in the determination as to which Restricted Data relates primarily to the military utilization of atomic weapons. It then also requires that the DOD join in any determination that information of this kind can be declassified.

Section 142(d)(5) permits transclassification of certain Restricted Data to other National Security Information and will be discussed on page 3 under "Formerly Restricted Data."

Section 142(e) (6) permits the transclassification from the Restricted Data category of atomic energy information regarding other nations, which otherwise meets the definition of Restricted Data, if the Commission and the Director of Central Intelligence jointly determine that such data are necessary to carry out the intelligence process, i.e., to collect and evaluate intelligence information and disseminate it within the Government and further, that they jointly determine that such data can be adequately protected as National Security Information. As a result of this provision, what we learn about foreign nuclear weapons, for example, is treated as National Security Information without the additional safeguards afforded Restricted Data-if it needs to be classified at all. Of course, intelligence estimates of such information may have to be categorized as Restricted Data if they contain comparisons with or evaluations based on our own nuclear weapons program.

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Definition

Formerly Restricted Data is information pertaining primarily to the military utilization of nuclear weapons which has been transferred or transclassified from the Restricted Data category in accordance with Section 142(d) of the Atomic Energy Act (5) and which henceforth is protected as National Security Information without the additional safeguards pertaining to Restricted Data except for those special limitations on transmittal to foreign nationals.

Protection

In the planning and preparation for the use of nuclear weapons, as for conventional weapons, the Military Services are concerned with such things as weapons availability, stockpile quantities, yields, capabilities, fuzing, safety and storage. In providing for the transclassification of this kind of information from the Restricted Data category, the Congress was unwilling to remove the special safeguards it had set up around transmittal of Restricted Data to foreign nationals because the information actually relates to atomic weapons. As a result, a category of information, Formerly Restricted Data, was created which is protected as National Security Information, without the additional safeguards applicable to Restricted Data

except for the limitation with regard to exchanges with other countries.

Identification

The term "Formerly Restricted Data" was devised for this category of information so that it could be properly recognized and not be inadvertently transmitted to a foreign country that did not have an appropriate agreement for cooperation. Unauthorized disclosure of Formerly Restricted Data information or material is subject to Administrative and Criminal Sanctions. Documents containing Formerly Restricted Data information must bear the "Formerly Restricted Data" marking specified by AEC Appendix 2105, Part II.B.6.2.(2)(b).

The label "FRD" is customarily used in classification guides and elsewhere to denote this category of classification.

Downgrading and Declassification

Formerly Restricted Data appears only in the nuclear weapons area and is covered in nuclear weapons classification guides; the topics in these guides are the result of careful deliberation and agreement by both the Commission and the Department of Defense. Any downgrading or declassification of one of the FRD topics requires their joint action.

Identification

Most of the National Security Information generated by the AEC and its contractors falls within the definition of Restricted Data; that which does not, such as certain foreign affairs and military information, is referred to as "other National Security Information."

In the classification column of guides used by Authorized Classifiers, a Confidential or a Secret Restricted Data topic is labeled C-RD or S-RD; in another example a Confidential or a Secret National Security Information topic is labeled C-NSI or S-NSI. See AEC Appendix 2105 Part II B for a full discussion of the manner in which classified information is to be marked.

Protection

Unauthorized disclosure of National Security Information is subject to criminal sanctions. (9)

Downgrading and Declassification

Under Executive Order 11652, (11) the Commission has primary responsibility for classifying, downgrading, or declassifying AEC-generated National Security Information. Unlike the responsibility for policy-setting in the case of Restricted Data, which the Commission must exercise itself, the authority to declassify AEC-generated National Security Information has been delegated to the Director, Division of Classification.

Downgrading or declassification of National Security Information other than RD or FRD generated by other Departments or Agencies is dependent upon the classification policy of the Department or Agency having primary responsibility in the particular area of interest. Any change in classification of information of this type must, therefore, be coordinated with the Department or Agency concerned.