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Recommendation 7: Implementing a Process for the Systematic Declassification Review of Formerly Restricted Data (FRD) Information

by on December 4, 2012


 

Documents courtesy of the National Archives  and the photograph is courtesy of the Defense Threat Reduction Agency.

 

It is time to allow certain types of historical nuclear information to be reviewed for declassification and public access.  In the aftermath of World War II, the Government recognized the need to keep nuclear weapons information tightly controlled.  Over time, the Government realized that there were two broad categories of nuclear weapons related information and their dissemination controls were quite different.  Policy makers and Defense Department personnel needed to have operational and policy information related to the military utilization of nuclear weapons – but there was no need to give them access to critical and technical design information on how to build a nuclear weapon.  The Government created special access controls and separate classification systems for these two types on information – “Restricted Data” or “RD” pertained to information that could be used to build atomic bombs, while “Formerly Restricted Data” or “FRD” concerned policy and military use.  These classification systems were outside the Executive orders that governed all other classified national security information.[1]

Historical FRD information is of high interest to Cold War and nuclear policy historians.  It includes storage locations, stockpile information and policy discussions of what types of bombs to build, how big to make them, and where to put them, including in foreign countries as part of our military and deterrence strategy during the Cold War.  The declassification of this information AFTER A CAREFUL REVIEW would allow greater understanding of the role nuclear weapons played in our national defense and allow for analysis on their successes and shortcomings.

Yet, declassification review of this information is extremely difficult and complex. Requests for this information are routinely denied, and it is automatically excluded from declassification review under EO 13526. There is no systematic effort to allow this type of information to be considered for declassification, even though much of it is obsolete and no longer has any military or political SENSITIVITY.   Requests for this information are routinely denied WITHOUT ANY SERIOUS REVIEW OF WHETHER THE INFORMATION NEEDS TO REMAIN OUT OF THE PUBLIC’S ACCESS.  The public does not understand this arcane policy, especially when so much historical nuclear policy information is ALREADY in the public domain, perhaps suggesting that the policy is even confusing to those using the system. To be sure, certain of this information should retain the protection of its FRD classification if OUR NATIONAL SECURITY REQUIRES IT.  The Public Interest Declassification Board recommends that the classification status of historical FRD information be re-examined.  A process should be implemented for the systematic declassification review of this information that balances the concerns of agencies to protect what is needed, while serving the public interest by declassifying more.  There are high costs with associated with maintaining separate and competing classification systems.  There is confusion among agencies WHICH are asked to interpret two sets of policies, guidance, and procedures.  While the Department of Energy (DOE) has sole ownership of RD information, FRD information is jointly owned by DOE and the Defense Department and they are responsible for administering and regulating access to FRD.  But existing procedures and processes have had little effect in declassifying obsolete historical nuclear policy information.  IT IS TIME TO ADDRESS THIS COMPLEX ISSUE.


[1] Restricted Data (RD) information is defined by the Atomic Energy Act as information concerning the design, manufacture, or utilization of atomic weapons; the production of special nuclear material; and the use of special nuclear material to generate electricity.  FRD information primarily concerns the military utilization of nuclear weapons, including storage locations and stockpile information.  As designated by the Department of Energy under 10 CFR 1045, FRD information is classified information that has been removed from the Restricted Data category after the Departments of Energy and Defense jointly determine that it relates primarily to the military utilization of atomic weapons and can be adequately safeguarded in a manner similar to national security information.


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