Table 11.4. Matters of "proof" in decisions on declassification of information
	Category of classified information
Elements of the declassification decision	Restricted Data (RD)	Formerly Restricted Data (FRD)	National Security Information (NSI)
			Transclassified from RD	Originally Classified by Executive Order (EO)
Facts to be proven	That the information can be published without undue risk to the common defense and security [42 U.S.C. '2162(a)]	That the information can be published without constituting an unreasonable risk to the common defense and security. [42 U.S.C. '2162(c)]	Presumably, the facts to be proven are the same as for NSI classified by EO [transclassifi�cation authority is granted by 42 U.S.C. '2162(e)]	That disclosure of the information reasonably could be expected to not cause damage to the national defense or foreign relations of the United States [implicit in EO 12356, Preamble and '3.1(a)]
Burden of Apersuasion@	On the proponent for declassification	On the proponent for declassification	On the proponent for declassification	On the proponent for declassification
Standard of persuasion	Depends on the atomic energy information area (see current DOE classification policy guide)	Depends on the atomic energy information area (see current DOE classification policy guide)	Analogous to FRD, the standard of persuasion should depend on the atomic energy information area since this NSI is atomic energy information.^a	Reasonable [EO 12356, Preamble] Also, should depend on the NSI area (see Chap. 6)
Person who can make the declassification� decision	DOE Director of Security Affairs [42 U.S.C. '2162(a); DOE Order 5650.2B; Chap. VI.A, '1(a)]	DOE Director of Security Affairs and the Department of Defense.� If they do not agree, the President shall make the decision [42 U.S.C. '2162(c); DOE Order 5650.2B; Chap. VI.A, '1(a)	Since this information was �born classified,@ like FRD, it should be treated similarly; DOE Director of Security Affairs and the Central Intelligence Agency Director should make the deci�sion. However, see DOE Order 5650.2B, Chap.II.A, '5.b(5), which authorizes the Director of the Office of Classification to declassify NSI on a DOE-wide basis	The Original Classifier of that information, his/her successor, a supervisory official of either, or officials delegated in writing by an agency [EO 12356, '3.1(a)] The Original Classifier of the information, the Director of Security Affairs, or the Director of the Office of Classification [DOE Order 5650.2B; Chap. VI.A, '1.b]
^aHowever, this NSI is information on the atomic energy programs of foreign nations.� This information was presumably acquired by intelligence sources and methods.� The Director of the Central Intelligence Agency is responsible for protecting intelligence sources and methods.� Therefore, the standard of persuasion should not be less stringent that for the NSI area concerned with declassification of intelligence sources and methods.