The Atomic Energy Act does not refer to the classification level to which Restricted Data is to be assigned. In this respect, therefore, Restricted Data is on a par with all other National Security Information and comes under the provisions of Executive Order 11652, which limits classification of information to three levels; Top Secret, Secret, and Confidential. (10) This is a simplification of the actual gradation of sensitivities. The test of time, however, has proven it to be a workable arrangement. It prevents the complexity and confusion we would have with a greater multiplicity of levels with its applicable set of rules.

TOP SECRET

The "Top Secret" level, with its special handling and special measures of protection, is reserved for that national security information or material which requires the highest degree of protection. The test for assigning a "Top Secret" classification shall be whether its unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security. It is AEC policy to keep the number of Top Secret documents as low as possible, to minimize both the amount of extremely sensitive information appear

ing in writing and the administrative burden of Top Secret handling.

SECRET

"Secret" applies to that national security information or material which requires a substantial degree of protection. The test for assigning a "Secret" classification shall be whether its unauthorized disclosure could reasonably be expected to cause serious damage to the national security.

CONFIDENTIAL

"Confidential" applies to that national security information or material which requires the lowest level of protection. The test for assigning a "Confidential" classification shall be whether its unauthorized disclosure could reasonably be expected to cause damage to the national security.

It is important to note that the criminal sanctions against disclosure apply equally to Confidential, Secret, or Top Secret information and its protection is not to be taken lightly. Moreover, if Restricted Data is involved, its protection involves all the sanctions specially conferred by the Atomic Energy Act.

In view of the extensive classification guidelines applying to the U.S. atomic energy program, it is unusual for an Authorized Classifier to be confronted with information for which he must make an original classification determination either as to the classification level or as to whether the information should in fact be classified. The Atomic Energy Act defines Restricted Data whereas in the case of other National Security Information the classifier must rely on the provisions of Executive Order 11652 in making a determination as to whether the information should be classified. On the other hand, with regard to the question of the level at which a given item of information should be classified, Executive Order 11652 is applicable to all National Security Information (including Restricted Data and Formerly Restricted Data). Executive Order 11652 sets forth the concepts (10) of "exceptionally grave damage," "serious damage," or "damage" to the national security for determining whether a document should be classified as Top Secret, Secret, or Confidential, respectfully. The following fundamental questions are posed as an aid to considering the application of these concepts in any particular case:

1. Is the information important in achieving our goals?

The more crucial an item of information is to our success, the more it is likely, also, to be important to an opposing program, and the more important the time advantage gained through its classification.

2. Is the information hard to come by?

If it took this nation a long time and much expense of manpower and resources to derive it, we want an opposing nation to expend at least as much before the information can be used to our detriment.

3. Is its use obvious once the information becomes known?

Even though we do not disclose where we use it, someone else may recognize it as the solution to one of their major problems.

4. Is the information protectable, and at what level?

Certain data must be protected no matter what the effort, while for others the cost or effort of protection must be balanced against possible losses from their disclosure. For example, in some cases all persons who will have access to the information can, as a practical matter, be cleared for Confidential but not for Secret information.

5. Does the information provide the link in a classified association?

Certain information, although not seeming to be sensitive in itself, allows the correlation of two or more other pieces of information to disclose a sensitive fact which can be used to our detriment.

There are certain facts regarding unclassified information which are of interest.

Atomic Energy Information

A familiar consequence of the definition of Restricted Data is that unclassified atomic energy information exists only by virture of a Commission declassification action. It is less well known that Section 146 (8) of the Atomic Energy Act forbids any action inconsistent with such a determination and that the information therefore cannot be reclassified by the AEC or any other Department or Agency. This makes it imperative that the impact on possible future developments be carefully considered in any recommendation that an item of Restricted Data be declassified.

Official Use Only

Information can be unclassified and yet need some measure of access control for administrative reasons. "Official Use Only" is applied to unclassified information, including documents, originated by or furnished to AEC or its contractors

which is exempt from public disclosure under the provisions of Title 10, Code of Federal Regulations, Part 9, Section 9.5.(13) Detailed procedures and guidance for the control of information marked "For Official Use Only" are contained in AEC Appendix 2104. Various similar markings such as "Company Confidential" and "Private" are used within AEC contractor organizations primarily for proprietary and personnel information. It is the policy with OUO information, as with all controlled information, to cancel the controls as soon as circumstances permit.

Limited Official Use

In addition to the use of the marking, Official Use Only, the Department of State uses a special control "Limited Official Use" to designate information requiring additional administrative control. Within the AEC, this information requires protection as Official Use Only with the additional requirement that it be transmitted and stored in the manner prescribed for Secret documents. (See AEC Appendix 2104, Part C.)

Classification guides are the basic tools of the Authorized Classifier. There are many classification guides. Some guides are statements of policy to be followed in classification review, and are not intended as day-to-day classification tools. Most guides are written for use by a particular organization or group; however, care must be exercised in using these guides as they may lead to erroneous classifications when applied in other circumstances.

It is noted that the "need-to-know" principle (12), (14) is applied in determining the guides to which an individual may have access, thus any particular Authorized Classifier, unless in a centralized position with project-wide classification functions, will normally be concerned with only one or a few guides. In the guides authorized for his use, the Authorized Classifier should be able to find a classification rule covering any item of information he is called upon to review.

POLICY GUIDES

Policy guides (15) are those which are specifically approved by the Commission. The basic classification guide is the "Classification Policy Guide" which expresses the policy of the Commission in the classification and declassification of information relating to atomic energy. It establishes the broad types of information which the Commission has declassified and those which must remain classified for reasons of national security. It serves, therefore, as a basis for the AEC classification guide system, all other guides being prepared and revised in conformance with it.

As the basic policy regarding classification of information in the field of atomic energy, any revisions to the "Classification Policy Guide" are coordinated with our early and continuing collaborators in the field, Great Britain and, in nonweapons matters, Canada.

PROGRAM GUIDES

Program Guides (16) are issued by the AEC Division of Classification and give specific classification direction to those engaged in each of our major technical programs. Any guide which is of more than local concern, i.e., involves the work of two or more field offices or a cooperative effort with other agencies, ranks as a Program Guide. A Program Guide cannot extend the scope of the declassification actions outlined in the Classification Policy Guide or other Commission guidance.

LOCAL GUIDES

Local classification guides (17) are those issued by Managers of AEC Operations Offices after review and approval by the Director, Division of Classification, Headquarters. They are based on Program Classification Guides and cannot extend the scope of the declassification actions defined in the guide on which they are based. Local classification guides are written by classification personnel familiar with the problem areas and the kinds of information likely to be encountered and provide detailed classification guidance for the programs or segments of programs carried out wholly within the jurisdiction of a single field office.

In some cases, a Program Guide is prepared in such detail that there is no need for further breakdown of the guidance for day-to-day application. Where a Program Guide can thus serve for local guidance, the field office manager, or at Headquarters, the Division Director, may authorize such use by contractor organizations. However, local guides should be used only for the project for which they are written and approved. The application of such guides to other projects constitutes a new local guide and requires separate approvals as do modifications (other than editorial) to existing local guides. Local classification guides cannot exceed the scope of the declassification actions reflected in program guides or other guidance approved by the Director, Division of Classification, Headquarters.

On March 8, 1972, President Nixon issued Executive Order 11652 "Classification and Declassification of National Security Information and Material" (Reproduced in Annex A to AEC Appendix 3401). The Executive Order became effective June 1, 1972, and is supplemented by National Security Council Directive issued on May 17, 1972, "National Security Council Directive Governing the Classification, Downgrading, Declassification and Safeguarding of National Security Information" (Reproduced in Annex B to AEC Appendix 3401).

Executive Order 11652 provides a system for automatically downgrading and declassifying national security information and material, unless exempted therefrom or declassified earlier by appropriate authority. (Restricted Data and Formerly Restricted Data are exempt from the schedule.)

GENERAL DECLASSIFICATION SCHEDULE

Unless exempted from automatic declassification or declassified earlier, national security information and material shall be downgraded and declassified by the following schedule, and is said to be subject to the General Declassification Schedule (GDS) (18):

1. "Top Secret." Information or material originally classified "Top Secret" shall become automatically downgraded to "Secret" at the end of the second full calendar year following the year in which it was originated, downgraded to "Confidential" at the end of the fourth full calendar year following the year in which it was originated, and declassified at the end of the tenth full calendar year following the year in which it was originated. 2. "Secret." Information and material originally classified "Secret" shall become automatically downgraded to "Confidential" at the end of the second full calendar year following the year in which it was originated, and declassified at the end of the eighth full calendar year following the year in which it was originated.

3. "Confidential.” Information and material

originally classified "Confidential" shall become automatically declassified at the end of the sixth full calendar year following the year in which it was originated.

The purpose of the General Declassification Schedule is to avoid the expensive protection of old records which no longer require it. (This purpose, incidentally, is already met by the AEC requirement that its classified matters be kept under continual review for downgrading and declassification, but the procedures must be followed nevertheless for reasons of uniformity within the Executive Branch.) The detailed rules to be followed for this purpose within the atomic energy project are given in AEC Appendix 3401.

Exemptions from General Declassification
Schedule (Section 5 of E. O. 11652)

An AEC official authorized to originally classify as "Top Secret" may exempt (19) from the General Declassification Schedule any level of classified documents or other material originated by him or under his supervision if it falls under one of the following categories:

1. Classified information or material furnished by foreign governments or international organizations and held by the United States on the understanding that it be kept in confidence.

2. Classified information or material specifically covered by statute, or pertaining to cryptography, or disclosing intelligence sources or methods.

3. Classified information or material disclosing a system, plan, installation, project or specific foreign relations matter the continuing protection of which is essential to the national security.

4. Classified information or material the disclosure of which would place a person in immediate jeopardy.

It is noted that old group markings 1, 2, 3 and 4 were abolished by Executive Order 11652. See AEC Appendix 3401 Part III.6. for details.