B-173761, AUG 20, 1985, OFFICE OF GENERAL COUNSEL
Highlights
IS NOT SUBJECT TO FOIA. IT IS OUR POLICY. TO MAKE RECORDS AVAILABLE TO THE PUBLIC TO THE EXTENT DISCLOSURE IS CONSISTENT WITH OUR FUNCTIONS AND RESPONSIBILITIES TO THE CONGRESS AND IS NOT PROHIBITED BY LAW. OUR ORIGINAL DENIAL WAS BASED ON OUR LACK OF AUTHORITY TO RELEASE NATIONAL SECURITY INFORMATION OR TO ALTER THE CLASSIFICATION IMPOSED ON SUCH MATERIAL BY THE EXECUTIVE BRANCH. WE POINTED OUT AT THAT TIME THAT INDICATIONS WERE THAT THE EXECUTIVE BRANCH CONTINUED TO REGARD THE REPORT IN QUESTION AS CLASSIFIED AND THAT WE WERE THEREFORE UNABLE TO RELEASE IT. THE CLASSIFICATION REVIEW BY THE DEPARTMENT OF ENERGY (DOE) WAS NOT THEN COMPLETE. PORTIONS OF THE REPORT WERE FOUND TO BE UNCLASSIFIED AND OTHERWISE RELEASABLE.
B-173761, AUG 20, 1985, OFFICE OF GENERAL COUNSEL
PRECIS-UNAVAILABLE
DR. THOMAS B. COCHRAN: NATURAL RESOURCES DEFENSE COUNCIL, INC. 1350 NEW YORK AVENUE, NW SUITE 300 WASHINGTON, D.C. 20005
IN RESPONSE TO YOUR LETTER DATED JUNE 6, 1985, IN WHICH YOU REQUESTED THAT THE COMPTROLLER GENERAL REVIEW OUR EARLIER DENIAL TO YOU OF THE FOLLOWING RECORD:
DECEMBER 18, 1978, GAO REPORT ENTITLED "NUCLEAR DIVERSION IN THE U.S. 13 YEARS OF CONTRADICTION AND CONFUSION," EMD-79-8.
AS STATED IN OUR MAY 21, 1985, LETTER CONCERNING YOUR DEPARTMENT OF JUSTICE FREEDOM OF INFORMATION ACT (FOIA) REQUEST (#8455, FBI FOIA/PA #240,618), GAO, AS AN AGENCY RESPONSIBLE TO THE CONGRESS, IS NOT SUBJECT TO FOIA. IT IS OUR POLICY, HOWEVER, TO MAKE RECORDS AVAILABLE TO THE PUBLIC TO THE EXTENT DISCLOSURE IS CONSISTENT WITH OUR FUNCTIONS AND RESPONSIBILITIES TO THE CONGRESS AND IS NOT PROHIBITED BY LAW. SEE 4 C.F.R. PART 81 (1985). ACCORDINGLY, YOUR APPEAL HAS BEEN REVIEWED UNDER THE GUIDANCE OF THESE REGULATIONS.
OUR ORIGINAL DENIAL WAS BASED ON OUR LACK OF AUTHORITY TO RELEASE NATIONAL SECURITY INFORMATION OR TO ALTER THE CLASSIFICATION IMPOSED ON SUCH MATERIAL BY THE EXECUTIVE BRANCH. WE POINTED OUT AT THAT TIME THAT INDICATIONS WERE THAT THE EXECUTIVE BRANCH CONTINUED TO REGARD THE REPORT IN QUESTION AS CLASSIFIED AND THAT WE WERE THEREFORE UNABLE TO RELEASE IT. HOWEVER, THE CLASSIFICATION REVIEW BY THE DEPARTMENT OF ENERGY (DOE) WAS NOT THEN COMPLETE.
THE CLASSIFICATION REVIEW ON THE REPORT HAS NOW BEEN COMPLETED. AS YOU SUGGESTED, PORTIONS OF THE REPORT WERE FOUND TO BE UNCLASSIFIED AND OTHERWISE RELEASABLE. A COPY OF THE REPORT IS ENCLOSED, WITH THOSE PORTIONS DELETED THAT HAVE BEEN DETERMINED TO BE EXEMPT FROM DISCLOSURE. MOST OF THE DELETIONS INVOLVED CLASSIFIED MATERIAL, APPROPRIATELY EXEMPT FROM DISCLOSURE UNDER OUR REGULATIONS. SEE 4 C.F.R. 81.6(B). OTHER DELETIONS INVOLVED MATERIAL THE DISCLOSURE OF WHICH COULD CONSTITUTE AN UNWARRANTED INVASION OF PERSONAL PRIVACY OR WHICH IS SPECIFICALLY EXEMPTED FROM DISCLOSURE BY STATUTE, ALSO EXEMPT FROM DISCLOSURE UNDER OUR REGULATIONS. SEE 4 C.F.R. 81.6(D) AND (F).
FOR YOUR INFORMATION, FOIA EXEMPTIONS, WHICH WERE ASSERTED BY THE FEDERAL BUREAU OF INVESTIGATION OR DOE, ARE IDENTIFIED IN THE MARGINS. MARGINAL NOTATIONS BEGINNING WITH "(B)(1)" REFER TO NATIONAL SECURITY INFORMATION; THAT BEGINNING WITH "(B)(3)" REFERS TO INFORMATION SPECIFICALLY EXEMPTED FROM DISCLOSURE BY STATUTE; AND THOSE BEGINNING WITH "(B)(7)(C)" REFER TO INVESTIGATORY RECORDS COMPILED FOR LAW ENFORCEMENT PURPOSES, THE DISCLOSURE OF WHICH WOULD CONSTITUTE AN UNWARRANTED INVASION OF PERSONAL PRIVACY. SEE FOIA, 5 U.S.C. 552(B)(1), (3), AND (7).