INDEX
CHAPTER X
REFERENCES AND OPERATING PROCEDURES
PART A - ATOMIC ENERGY ACT EXCERPTS
1. GENERAL. Pursuant to the Department of Energy Organization Act and the
Energy Reorganization Act of 1974, as amended, the Secretary of Energy
has certain responsibilities with regard to the control of information
which fall under the purview of the Atomic Energy Act. In accordance
with the Atomic Energy Act, it is DOE policy to control the
dissemination and declassification of RD in such a manner as to assure
the common defense and security. All information falling within the
definition of RD is classified at its inception by the Atomic Energy
Act.
2. DECLASSIFICATION AND TRANSCLASSIFICATION are also provided for by the
Act. The five provisions of the Atomic Energy Act excerpted below deal
with declassification or transclassification (section 142, Atomic
Energy Act):
"a. The [Secretary of Energy] shall from time to time determine
the data, within the definition of Restricted Data, which can
be published without undue risk to the common defense and
security and shall thereupon cause such data to be
declassified and removed from the category of Restricted Data.
"b. The [Secretary of Energy] shall maintain a continuous review
of Restricted Data and of any classification guides issued for
the guidance of those in the atomic energy program with
respect to the areas of Restricted Data which have been
declassified in order to determine which information may be
declassified and removed from the category of Restricted Data
without undue risk to the common defense and security.
"c. In the case of Restricted Data which the [Secretary of Energy]
and the Department of Defense jointly determine to relate
primarily to the military utilization of atomic weapons, the
determination that such data may be published without
constituting an unreasonable risk to the common defense and
security shall be made by the [Secretary of Energy] and the
Department of Defense jointly, and if the [Secretary of
Energy] and the Department of Defense do not agree, the
determination shall be made by the President. [Provision for
declassification of FRD.]
"d. The [Secretary of Energy] shall remove from the Restricted
Data category such data as the [Secretary of Energy] and the
Department of Defense jointly determine relates primarily to
the military utilization of atomic weapons and which the
[Secretary of Energy] and the Department of Defense jointly
determine can be adequately safeguarded as defense
information: provided, however, that no such data so removed
from the Restricted Data category shall be transmitted or
otherwise made available to any nation or regional defense
organization, while such data remains defense information,
except pursuant to an agreement for cooperation entered into
in accordance with subsection 144b [of the Atomic Energy Act].
[Provision for the transclassification of RD to FRD.]
"e. The [Secretary of Energy] shall remove from the Restricted
Data category such information concerning the atomic energy
programs of other nations as the [Secretary of Energy] and the
Director of Central Intelligence jointly determine to be
necessary to carry out the provisions of section 102(d) of the
National Security Act of 1947, as amended, and can be
adequately safeguarded as defense information."