ACRL College & Research Libraries News

Association of College & Research Libraries

WASHINGTON HOTLINE

Carol C. Henderson Deputy Director ALA Washington Office

UCNI Restrictions. Sandra Peterson, Documents Librarian, Yale University, testified September 13 for ALA at a Department of Energy (DOE) hearing on DOE’s revision of its proposed rule on the identification and protection of Unclassified Controlled Nuclear Information (UCNI). Peterson, past Chair of ALA’s Government Documents Round Table, also testified in August 1983 at a DOE hearing on the original proposal (April 1, 1983 Federal Register, pp.13988- 93), expressing concern about the broad scope of the restrictions on access to information on nuclear materials, including documents already distributed to federal depository libraries which are depositories of DOE nuclear materials.

In the revised proposed regulations (August 3, 1984 Federal Register, pp. 31236-46) DOE made several changes directed at concerns of librarians. While questioning the philosophy which allows an agency to restrict access to unclassified information, Peterson acknowledged DOE’s congressional mandate to issue regulations under Section 148 of the Atomic Energy Act, and commended DOE for responding to criticism and adopting a realistic approach. She recommended that the required quarterly report detailing the application of regulations or orders under Section 148 be distributed not only upon request but also to federal depository libraries.

DOE now states that in implementing the regulation, it "is not going to retrieve and control documents that have been widely disseminated in the public domain (e.g., to a public or university library)," and "private individuals (e.g., public or university libraries) are not required to control, review, or submit for review unmarked documents in their possession which they perceive as possibly falling within the scope of these regulations." In addition, DOE will allow release of nonsensitive portions of documents containing UCNI, and will provide for special access to UCNI for nongovernmental persons with a "need-to-know."