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1940. Prior to this, information was designated officially secret only under Department of<br />

Army (DA) or Department of Navy (DoN) general orders and regulations. This helped<br />

clarify the authority of civilian personnel in classifying national defense information,<br />

better protect military information under growing foreign hostilities, and better manage<br />

the growing power of the executive branch. 77 Federal civilian employees within the<br />

executive branch and the war departments were directed to designate all information<br />

pertaining to the military, its facilities, or plans as “restricted,” “confidential,” or “secret;”<br />

however, the terms were not clearly defined in the order. 78<br />

In 1942, while scientists at the Atomic Research Laboratory at Los Alamos, New<br />

Mexico worked on creating the atomic bomb under the Manhattan Project, the Office of<br />

War Information issued a government-wide regulation on creating and managing<br />

classified materials. 79 Those who worked on the Manhattan Project were required to read<br />

and sign either the Espionage Act or a special secrecy agreement, which, if violated,<br />

could cause dismissal from employment. Several employees were discovered to have sold<br />

or given trade information to the Soviet Union, as indicated when the Soviet Union tested<br />

its first atomic weapon, almost an exact replica of “Fat Man.” 80<br />

In 1946, President Harry S. Truman issued The Atomic Energy Act of 1946. This<br />

act regulated how the federal government would control and manage nuclear technology<br />

that had been developed in collaboration with Britain and Canada. It also placed such<br />

information in separate categories from other weapons information. The act also<br />

established the United States Atomic Energy Commission (AEC), placing nuclear<br />

weapon development and nuclear power management under civilian authority. The act<br />

introduced the term “restricted data,” meaning:<br />

77 Harold Relyea, Security Classified and Controlled Information: History, Status, and Emerging<br />

Management Issues (Washington, DC: Congressional Research Service, 2008), 2.<br />

78 Exec. Order No. 8381, 5 FR 1147 (March 22, 1940),<br />

http://www.presidency.ucsb.edu/ws/index.php?pid=75574<br />

79 Anthony Cave Brown, and Charles B. MacDonald, eds., The Secret History of the Atomic Bomb<br />

(New York: Dial Press, 1977), 201.<br />

80 Daniel Patrick Moynihan, Secrecy: The American Experience (New Haven, CT: Yale University<br />

Press, 1998), 138–139, 144.<br />

24

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