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6 INCENTIVES AND ACCOUNTABILITY
Pages 83-88

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From page 83...
... Provision of explicit performance measures of openness could be a useful step in establishing concrete positive incentives for openness. The Office of Declassification should have the enhancement of public access to information as a primary responsibility, rather than as a secondary task that competes with other, more traditional goals.
From page 84...
... The Department could choose to reject the Board's advice, preserving its ultimate authority to decide upon classification matters, but political accountability would flow from a decision by the Department to reject the public recommendation of the committee. A board comprising individuals from a range of backgrounds in matters related to nuclear security could presumably apply the expertise that the
From page 85...
... First, only some classification decisions may be subject to review. For information classified as NSI under an executive order, the law provides for substantive de novo judicial review of the classification decisional For information 1 Exemption 1 of the Freedom of Information Act allows agencies to withhold from the public documents that are "(A)
From page 86...
... under the AEA, however, it is not clear that substantive judicial review of classification decisions is available.2 Instead, the AEA specifically provides for wide agency discretion in determining what information may be kept from the public.3 Because judicial review is such an important accountability mechanism, we support amending either the AEA or the FOlA to ensure that meaningful judicial review is available for all categories of data cIassifiec! under the AEA, just as it is available for information classified pursuant to the governing executive order.
From page 87...
... Cleared members of the industrial and academic communities frequently make presentations, write papers, or carry out other professional activities on open topics that are contiguous to those currently classified. It is sometimes argued by agencies with authority over the related classified topics that those individuals are accountable to them for ensuring that their work does not inclucle classified information.


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