DISCLAIMER The following is a staff memorandum or other working document prepared for the members of the Advisory Committee on Human Radiation Experiments. It should not be construed as representing the final conclusions of fact or interpretation of the issues. All staff memoranda are subject to revision based on further information and analysis. For conclusions and recommendations of the Advisory Committee, readers are advised to consult the Final Report to be published in 1995. MEMORANDUM TO: Members of the Advisory Committee on Human Radiation Experiments FROM: Advisory committee Staff DATE: March 19, 1995 RE: Dealing with Classified Information Here's my first stab at suggesting how we should deal with classified materials. It's certainly not the final word, but we should resolve these issues soon, because it now appears that we will not be able to get some of the information we need without access to classified documents. This poses some serious potential problems: Openness. We are supposed to be undertaking a public deliberation. Our credibility could suffer if we become linked with the system for keeping information secret. Logistics. We have no facilities for maintaining classified documents on site. We are not even supposed to discuss classofied information outside cleared facilities, although we may be able to do that downstairs. We may have difficulties taking notes on classified information, and we will certainly not be able to bring those notes to our offices or write about them using equipment in our offices. Review and reporting. If we learn things of a classified nature that are important for telling our story, we will be faced with the choice of 1) submitting our report for declassification review or 2) preparing a classified annex. Either would undermine our appearance of openness. Personal constraints. Many of us do not want to be in the position of knowing things that we cannot talk about. We want to limit our exposure to classified information to the minimum amount necessary for the purposes of the Committee. Here is my outline for a strategy to get what we need from classified materials while minimizing these problems. Here are the steps we should take in each case 1. Being as specific as possible about facts and documents we are interested in, request the declassification of information we need, even if extensive deletions are required. For the Green Run, for example, we could request declassification of the basic objective of the release and discussions in planning documents on minimizing human risks. 2. Learn as much as possible about what information is likely to be classified and why; learn as much as possible about what of this information is already publicly available. In the case of the Los Alamos RaLa releases, for example, the source term remains classified, possibly because it would reveal information on the amount of high explosive used in 1 an implosion devise. We should therefore learn how much is already known about the amount of high explosive used in early nuclear bombs. 3. Make a targeted request to view documents or portions of documents containing information we believe to be relevant. 4. When reviewing documents, focus on identifying document excerpts or specific facts which we want to have declassified in order to tell the story we need to tell. One way to request fact declassification is to write a summary of the relevant information and request a declassification review. 5. If these steps fail to produce the declassifications we desire, we must be prepared to state publicly that certain pertinent information remains classified in spite of our requests for declassification and our belief that declassification poses no threat to national security. We should be as specific as possible, e.g. "information related to radiation safety measures discussed in the planning of the Green Run." 6. The difficult part would come if we uncover information that we believe both a) is important to telling the story and b) should remain classified for national security reasons. I do not believe that this will happen and John Till agrees, at least with respect to the Los Alamos RaLa releases. These are the suggested procedures in cases where we have identified a specific area where classification stands in the way of our inquiry. Some of the examples include the Green Run, the RaLa implosion tests, and the medical records for the Marshallese, and perhaps RW. In other cases, we have been asked to review large collections of classified materials for relevant documents, which we will then ask to have declassified. The same general considerations apply, but some will be more important and other less important. The problem of individuals being exposed to classified information unrelated to the task at hand would be greater, but the risk of a barrier to declassification would be less. These are not collections that have been identified because they are particularly sensitive; they are merely too massive to declassify en masse in a timely fashion. This from Debby: Mark--the points you address at the end of your memo are of most interest to me -- somebody who might have to wade through non-relevant classified material to get to the docs that concern us. On the bright side, the vast majority of what we are interested in will not be classified even if it is located in a "classified" collection. I am moderately hopeful that we will be able to focus our searches on the basis of folder listings and other inventories so that we can avoid the problem of seeing things we don't want to. This from Don: One problem left out is recording Staff surveys of classified materials where a large amount of material has been identified as arguably responsive to ACHRE interest, and the suggestion is that Staff review it for priority declassification, and/or passing over as probably not useful. I suggest some kind of log -- which could be archived downstairs. Are there other possibilities? 2 This also from Don: I'm trying to arrange briefings, specifically targeted for staff with clearances, on how classified research is dealth with once it's performed. Ultimately it may be useful to draw some comparisons, for institutional case studies or otherwise, between how open literature science is done and disseminated and how classified science is done and disseminated. (Of course, how much we can go public with such analyses will be an interesting issue.) As a first step, and also to enhance and accelerate document retrieval, I've asked DOE and DOD for briefings on these issues from OSTI, which handles these chores for DOE, and DTIC, which handles them for DOD. Let me know if you want to go, and topics to raise in advance. This from David: I'd like to know about the limits of merger between information about classified information and information about unclassified information. For example, logs or registers of classified documents are typically unclassified documents themselves, but there are (I think unwritten, but I may be mistaken) strictures on incuding references to classified documents in unclassified finding aids, such as library card catalogs, so that such a register would not be included in catalog. This would also prevent listing the unclassified titles of individual classified documents in such a catalog. (a) is this true? and (b) if os, how do we handle our unclassified notes about what we find and (c) if not, what is the guidance on this subject? Debbie has already raised the issue of the classification of our notes, another good topic. (I suspect our notes about information objects will not be classified, but those about information may be.) We also need to know where and under what circumstances those of us with clearances may discuss the classified information contained in classified documents (I assume there are no strictures on the discussion of unclassified information about those documents). 3