There is a framework and classification system that allows research and development to be tightly held in the DoE for military use. This classification is called “Transclassified Foreign Nuclear Information”. There is a very good possibility that AARO never needed Title 50 authority to get to the bottom of this issue. Technically Title 10 and the need to know should have granted them full access to the programs.
Atomic Energy Act Background A. Authority and Reasons for Regulation
The Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. (AEA), is the basis for the classification of nuclear-weapons related information as Restricted Data (RD), and information transclassified from the RD category. The AEA grants the Department of Energy (DOE) Government-wide authority for RD and the control of information as RD. Title 10 of the Code of Federal Regulations (CFR) part 1045 (this part) implements DOE authority under the AEA to manage the Government-wide system of classifying and declassifying RD. This part prescribes procedures for the identification of RD, FRD, and TFNI, describes how members of the public may request the release of RD, FRD, TFNI, and DOE National Security Information (NSI), and sets forth the process to appeal decisions regarding such requests.
In 1997, DOE issued a final rule in 10 CFR part 1045 that established the Government-wide responsibilities and requirements for RD and FRD. 62 FR 68502 (Dec. 31, 1997). The DOE affirmed in the preamble to the final rule that this DOE rule would establish the policies and procedures implementing the requirements of the AEA for the classification and declassification of RD and FRD. The rule also implemented the provisions of the E.O. 12958 pertaining to NSI that directly affect the public. The final rule included several requirements intended to provide increased transparency and accountability to the process of classifying and declassifying RD and FRD. These included options for the public to submit suggestions and complaints about classification policy, and for persons to submit challenges to classification determinations and declassification proposals. The rule also identified the specific criteria to be used to determine if information is RD, to declassify RD, and prohibitions on the application of classification.
Key takeaways:
This classification is where core secrets live and highly likely where something of this age and magnitude would be kept. These “Legacy Programs” are in a category that doesn’t exist that’s previously been veiled under an E.O. 13526. This makes them illegal in lieu of the current legislation.
TFNI does not include UK or Canadian programs. This means these those programs are under a different agreement which probably makes them illegal.
TFNI Research and Development with the military under 142e with Department of Central Intelligence / Director of National intelligence has no means to be declassified.
Department of Energy had to make a determination involving these materials.
Department of Energy is the sole entity that can declassify NHI hardware, biologics, and/or research
Executive Order 13526 - https://www.archives.gov/isoo/policy-documents/cnsi-eo.html
Previous Reddit Discussion - https://www.reddit.com/r/UFOs/comments/15c9fpd/is_congress_saying_that_records_and_possible/
TFNI Overview - https://www.energy.gov/sites/prod/files/2016/05/f31/CTI-Training-TFNI.pdf