DOE O 470.4B Chg 2 (MinChg), Safeguards and Security Program
Functional areas: Minor Change, Safeguards and Security, Emergency Management, Safety, Safety and Security, Security
The order establishes responsibilities and program planning and management requirements for the Safeguards and Security Program. Supersedes DOE O 470.4B Chg 1.
NOTE: DOE O 473.2A cancels DOE O 470.4B, Change 2, Safeguards and Security Program, Appendix A, Section 1. Paragraph 4.b. and c. pertaining to performance test schedules; and Attachment 4, Department of Energy Tactical Doctrine.
Version history and related documents
Superseded by
A newer version replaces this document.
- DOE O 470.4B Chg 3 (LtdChg)Safeguards and Security Program (Sep 23, 2021)
Supersedes
Earlier documents this one replaced.
- DOE O 470.4B Admin Chg 1Safeguards and Security Program (Jan 17, 2017)
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
U.S. Department of Energy ORDER
Washington, DC
DOE O 470.4B
Approved: 7-21-2011
Chg 1 (AdminChg): 2-15-2013
Chg 2 (MinChg): 1-17-2017
SUBJECT: SAFEGUARDS AND SECURITY PROGRAM
1. PURPOSE. To establish responsibilities for the U.S. Department of Energy (DOE)
Safeguards and Security (S&S) Program, and to establish program planning and
management requirements for the S&S Program. The requirements identified in this
Order and its attachments and appendices are based on national policy promulgated in
laws, regulations, Executive Orders, and national standards to prevent unacceptable
adverse impacts on national security, the health and safety of DOE and contractor
employees, the public, or the environment.
2. CANCELLATIONS. DOE O 470.4B, administrative change 1, Safeguards and Security
Program, dated 7-21-11.
Cancellation of a directive does not, by itself, modify or otherwise affect any contractual
or regulatory obligation to comply with the directive. Contractor Requirements
Documents (CRDs) that have been incorporated into a contract remain in effect
throughout the term of the contract unless and until the contract or regulatory
commitment is modified to either eliminate requirements that are no longer applicable or
substitute a new set of requirements.
3. APPLICABILITY.
a. Departmental Applicability. Except for the equivalencies/exemptions in paragraph
3.c., this Order applies to all Departmental elements.
The Administrator of the National Nuclear Security Administration (NNSA) must
ensure that NNSA employees comply with their responsibilities under this
directive. Nothing in this directive will be construed to interfere with the NNSA
Administrator’s authority under section 3212(d) of P.L. 106-65, National Nuclear
Security Administration Act, to establish Administration specific policies, unless
disapproved by the Secretary.
The Administrator of the Bonneville Power Administration (BPA) must ensure
that BPA employees and contractors comply with their respective responsibilities
under this directive consistent with BPA’s procurement, self-financing, and
statutory authorities.
b. DOE Contractors. Except for the equivalencies/exemptions in paragraph 3.c., the
CRD (Attachment 1) sets forth requirements of this Order that will apply to
contracts that include the CRD.
(1) The CRD must be included in contracts that contain DOE Acquisition
Regulation (DEAR) clause 952.204-2, Security. Heads of field elements
AVAILABLE ONLINE AT: INITIATED BY:
www.directives.doe.gov Office of Environment, Health, Safety and Security
http://www.directives.doe.gov/
2 DOE O 470.4B
7-21-2011
and Headquarters Departmental elements must identify contracts that
should incorporate the CRD and notify contracting officers to incorporate
the CRD into those contracts. Contracting officers are responsible for
incorporating the CRD into the affected contracts as appropriate.
(2) A violation of the provisions of the CRD relating to the safeguarding or
security of Restricted Data or other classified information may result in a
civil penalty pursuant to subsection a of section 234B of the Atomic
Energy Act (42 U.S.C. Section 2282b). The procedures for the assessment
of civil penalties are set forth in Title 10, Code of Federal
Regulations (CFR), Part 824, Procedural Rules for the Assessment of Civil
Penalties for Classified Information Security Violations.
c. Equivalencies/Exemptions for DOE O 470.4B, Chg 2. Equivalencies and
exemptions from the requirements of this Order are processed in accordance with
DOE O 251.1C, Departmental Directives Program.
Section 2
(1) When conditions warrant equivalencies or exemptions from the
requirements in this Order, requests must be supported by a vulnerability
assessment (VA) when required by the assets being protected, or by
sufficient analysis to form the basis for an informed risk management
decision; the analysis must identify compensatory measures, if applicable,
or alternative controls to be implemented.
(2) All approved equivalencies and exemptions under this Order must be
entered in the Safeguards and Security Information Management System
(SSIMS) database and incorporated into the affected security plan(s).
Approved equivalencies and exemptions become a valid basis for
operation when they have been entered in SSIMS and documented in the
appropriate security plan, and must be incorporated into site procedures at
that time.
(3) Many DOE S&S Program requirements are found in or based on
regulations issued by Federal agencies, and codified in the CFR or other
authorities, such as Executive Orders or Presidential Directives. In such
cases, the process for deviating from those requirements found in the
source document must be applied. If the source document does not include
a deviation process, the DOE Office of the General Counsel, or NNSA
Office of General Counsel if an NNSA element is involved, must be
consulted to determine whether deviation from the source can be legally
pursued.
(4) Equivalency. In accordance with the responsibilities and authorities
assigned by E.O. 12344, codified at 50 U.S.C. Sections 2406 and 2511 and
to ensure consistency through the joint Navy/DOE Naval Nuclear
Propulsion Program, the Deputy Administrator for Naval Reactors
3 DOE O 470.4B
7-21-2011
(Director) will implement and oversee requirements and practices
pertaining to this Directive for activities under the Director’s cognizance,
as deemed appropriate.
(5) Exemption. Requirements in this Order that overlap or duplicate
requirements of the Nuclear Regulatory Commission (NRC) related to
radiation protection, nuclear safety (including quality assurance), and
safeguards and security of nuclear material, do not apply to the design,
construction, operation, and decommissioning of the facilities of the
former Office of Civilian Radioactive Waste Management (RW) now
managed by the Office of Nuclear Energy. This exemption does not apply
to requirements for which the NRC defers to DOE or does not exercise
regulatory jurisdiction.
4. REQUIREMENTS.
a. S&S programs must be developed and maintained that incorporate the
responsibilities and requirements contained in this Order and its associated
appendices and attachments.
b. Programs associated with each topical area found in the appendices and
attachments to this Order must be implemented in accordance with the
requirements stated for that topic.
c. The DOE Tactical Doctrine (Attachment 4) must be applied at fixed
facilities/sites possessing nuclear weapons and components, Category I special
nuclear material (SNM), or targets subject to radiological or toxicological
sabotage.
d. Incidents of security concern must be addressed in accordance with the
requirements found in Attachment 5 and reported in accordance with applicable
laws and regulations.
Section 3
e. Interfaces and necessary interactions between S&S programs and other disciplines
such as safety, emergency management, classification, counterintelligence,
facility operations, cyber system operations and security, and business and budget
operations including property management must be identified and clearly defined.
These interfaces and interactions must be maintained throughout the lifecycle of
protective measures to ensure that S&S planning and operations work together
effectively with these disciplines. Sensitive Compartmented Information is under
the purview of the Office of Intelligence and Counterintelligence; necessary
interfaces and interactions between that office and S&S programs must also be
identified, defined, and maintained
f. S&S programs must incorporate a risk-based approach to protect assets and
activities against the consequences of attempted theft, diversion, terrorist attack,
4 DOE O 470.4B
7-21-2011
industrial sabotage, radiological sabotage, chemical sabotage, biological sabotage,
espionage, unauthorized access, compromise, and other acts that may have an
adverse impact on national security or the environment or that may pose
significant danger to the health and safety of DOE Federal and contractor
employees or the public.
g. S&S programs must be tailored to address site-specific characteristics and
requirements, current technology, ongoing programs, and operational needs to
achieve acceptable protection levels that reduce risks in a cost-effective manner.
5. RESPONSIBILITIES.
a. Secretary of Energy.
(1) Ensures that an effective S&S Program is established and executed within
DOE under the authorities granted by relevant Executive Orders; the U.S.
Department of Energy Organization Act, as amended (42 U.S.C. Sections
7101 to 7352); and the Atomic Energy Act, as amended (42 U.S.C.
Sections 2011 to 2286), and in accordance with P.L. 106-65, the National
Nuclear Security Administration Act.
(2) Designates senior Departmental officials to direct and administer the S&S
Program.
(3) Delegates, in writing, all responsibilities and authorities as necessary for
the administration of the S&S Program.
(4) Authorizes continuing operations of facilities/activities determined to be
of high security risk.
(5) Exercises sole authority to approve the imposition of requirements on
Civilian Radioactive Waste Management programs and activities that are
more stringent and/or comprehensive than those imposed by the NRC.
(6) Designates the DOE program elements responsible for ensuring that
foreign nationals’ visits requiring access to classified information are
conducted in accordance with governing international agreements or
treaties.
b. Deputy Secretary.
(1) Exercises responsibility, as Chief Operating Officer of the Department, for
S&S policy development and operations.
(2) Ensures that the S&S Program achieves excellence in performance, has
internal compatibility, is graded in application, and integrates corporate
5 DOE O 470.4B
7-21-2011
programs and support activities with line programs consistent with the
precepts of Integrated S&S Management.
(3) Reviews all staff and support office S&S policies that affect Departmental
elements.
(4) Establishes the Department-wide base Security Conditions (SECON) level
in consultation with the Under Secretaries; the Deputy Under Secretary for
Counterterrorism and Counterproliferation; the Director, Office of
Intelligence and Counterintelligence; the Associate Under Secretary for
Environment, Health, Safety and Security; and the Chief Security Officers.
Section 4
(5) In accordance with 50 U.S.C. Section 2656, ensures that the Committees
on Armed Services of the U.S. House of Representatives and the U.S.
Senate are notified of each significant nuclear defense intelligence loss.
(6) Approves and issues the Design Basis Threat (DBT) Order.
(7) Reviews and approves enhancements to Secretarial security policies
identified by the Security Committee.
(8) Appoints the Chair of the Security Committee, comprised of the Chief
Security Officers from each Under Secretarial organization and other
Departmental Federal leadership.
(9) Approves site/facility management recommended deviation to lower from
established Departmental SECON level.
(10) Serves as chairman, or appoints a chairman, for the Senior SECON
Decision Team.
c. Under Secretary for Nuclear Security/ Administrator for the National Nuclear
Security Administration.
(1) Responsible for the management and implementation of S&S programs
administered by NNSA and its subordinate offices, including provision of
the appropriate level of authorities and resources to the NNSA Chief
Security Officer to effectively manage and execute S&S responsibilities.
(2) Authorizes continuing operations of NNSA facilities/activities determined
to be of moderate security risk.
(3) In coordination with the Under Secretaries for Science and Energy and
Management and Performance, the Director, Office of Intelligence and
Counterintelligence, the Deputy Under Secretary for Counterterrorism and
Counterproliferation, the Associate Under Secretary for Environment,
6 DOE O 470.4B
7-21-2011
Health, Safety and Security, and the Chief Security Officers, provides
recommendations on SECON levels to the Deputy Secretary.
(4) Through the Associate Administrator for Emergency Operations, monitors
the SECON level for the Department and for all DOE facilities and sites
and advises DOE/NNSA officials of changes to the levels.
(5) Through the Deputy Administrator for Defense Programs:
(a) Ensures that all visits by foreign nationals and access to classified
information in connection with the military application of atomic
energy under 42 U.S.C. Section 2164 and 42 U.S.C. Section 2121
are conducted in accordance with governing international
agreements or treaties.
(b) Approves requests for classified visits and access to weapons
programs, nuclear materials production facilities, sensitive nuclear
materials production information, and classified information
pertaining to Nuclear Weapons Data.
(c) Delegates in writing to a senior Federal official at each site under
(5)(b) above the authority to make, in connection with classified
visits, an affirmative determination that permitting a U.S. citizen
holding a clearance granted by another Federal agency to have
access to Restricted Data will not endanger the common defense
and security prior to granting such access in connection with a
specific classified visit.
(6) Through the Deputy Administrator for Defense Nuclear Nonproliferation,
ensures that all foreign national visits and access to classified information
in connection with nonproliferation, international security, or International
Atomic Energy Agency requirements are conducted in accordance with
governing international agreements or treaties.
(7) Through the Deputy Administrator for Naval Reactors:
(a) Ensures that all foreign national visits and access to classified
information in connection with naval nuclear propulsion are
conducted in accordance with governing international agreements
or treaties.
Section 5
(b) Approves requests for classified visits and access to naval nuclear
propulsion facilities.
(8) Through the Associate Administrator for Defense Nuclear Security:
7 DOE O 470.4B
7-21-2011
(a) Serves as the NNSA Chief Security Officer responsible for the
development and implementation of security programs, operations,
and facilities under the purview of NNSA; exercises all
responsibilities of a Chief Security Officer under this Order.
(b) Oversees implementation of SECON levels for operations under
the cognizance of NNSA.
(c) Acts as senior NNSA official responsible for the direction and
administration of the NNSA implementation and compliance with
the National Industrial Security Program.
(d) Provides resources for conducting inquiries and damage
assessments and for implementing corrective actions in incidents
of security concern occurring at NNSA sites/facilities.
(e) Acts as the senior NNSA official responsible for all classified
visits except for those assigned in paragraph 5.d.(5)(b) above to the
Deputy Administrator for Defense Programs; delegates in writing
to a senior Federal official at each site under NNSA cognizance the
authority to make, in connection with such classified visits, an
affirmative determination that permitting a U.S. citizen holding a
clearance granted by another Federal agency to have access to
Restricted Data will not endanger the common defense and
security prior to granting such access in connection with a specific
classified visit.
(f) Implements the DOE North Atlantic Treaty Organization (NATO)
program for DOE and NNSA including access authorizations,
policy, operations of the DOE Sub-Registry, and the conduct of
DOE domestic inspections.
d. Under Secretary for Science and Energy.
(1) Responsible for management and implementation of S&S programs
administered by the DOE Office of the Under Secretary for Science and
Energy and its subordinate offices, including provision of the appropriate
level of authorities and resources to the Under Secretary for Science and
Energy Chief Security Officer to effectively manage and execute S&S
responsibilities.
(2) In coordination with the Under Secretary for Management and
Performance, the NNSA Administrator, the Director, Office of
Intelligence and Counterintelligence, the Deputy Under Secretary for
Counterterrorism and Counterproliferation, the Associate Under Secretary
for Environment, Health, Safety and Security, and the Chief Security
8 DOE O 470.4B
7-21-2011
Officers, provides recommendations on SECON levels to the Deputy
Secretary.
(3) Oversees implementation of SECON levels for operations under the
cognizance of the Under Secretary for Science and Energy.
(4) Provides resources for conducting inquiries and damage assessments and
for implementing corrective actions in incidents of security concern
occurring at Science and Energy sites/facilities.
(5) Authorizes continuing operations of the Office of the Under Secretary for
Science and Energy facilities/activities determined to be of moderate
security risk.
(6) Delegates in writing to a senior Federal official at each site under his/her
cognizance the authority to make, in connection with classified visits, an
affirmative determination that permitting a U.S. citizen holding a
clearance granted by another Federal agency to have access to Restricted
Data will not endanger the common defense and security prior to granting
such access in connection with a specific classified visit.
Section 6
(7) Through the Assistant Secretary for Nuclear Energy:
(a) Ensures that visits by foreign nationals to uranium enrichment
plants or facilities and access to classified information on uranium
enrichment technology development, including advanced isotope
separation technology, are conducted in accordance with governing
international agreements or treaties.
(b) Approves requests for classified visits and access to uranium
enrichment plants or facilities engaged in uranium enrichment
technology development, including advanced isotope separation
technology.
e. Under Secretary for Management and Performance.
(1) Responsible for management and implementation of S&S programs
administered by the Office of the Under Secretary for Management and
Performance and its subordinate offices, including provision of the
appropriate level of authorities and resources to the Management and
Performance Chief Security Officer to manage and execute S&S
responsibilities.
(2) In coordination with the Under Secretary for Science and Energy, the
NNSA Administrator, the Deputy Under Secretary for Counterterrorism
and Counterproliferation, the Director, Office of Intelligence and
9 DOE O 470.4B
7-21-2011
Counterintelligence, the Associate Under Secretary for Environment,
Health, Safety and Security, and the Chief Security Officers, provides
recommendations on SECON levels to the Deputy Secretary.
(3) Oversees implementation of SECON levels for operations under the
cognizance of the Under Secretary for Management and Performance.
(4) Provides resources for conducting inquiries and damage assessments and
for implementing corrective actions in incidents of security concern
occurring at Management and Performance sites/facilities.
(5) Authorizes continuing operations of facilities/activities under the
cognizance of the Office of the Under Secretary for Management and
Performance determined to be of moderate security risk.
(6) Delegates in writing to a senior Federal official at each site under his/her
cognizance the authority to make, in connection with classified visits, an
affirmative determination that permitting a U.S. citizen holding a
clearance granted by another Federal agency to have access to Restricted
Data will not endanger the common defense and security prior to granting
such access in connection with a specific classified visit.
(7) Through the Associate Under Secretary for Environment, Health, Safety
and Security:
(a) Develops the Department’s S&S Program consistent with
strategies and policies governing the protection of national security
and other critical assets entrusted to the Department and in
accordance with laws, regulations, and national-level policies and
standards.
(b) Coordinates and promulgates the Department’s policies and
procedures for a comprehensive S&S Program.
(c) In coordination with the Under Secretaries, the NNSA
Administrator, the Deputy Under Secretary for Counterterrorism
and Counterproliferation, the Director, Office of Intelligence and
Counterintelligence, and the Chief Security Officers, provides
recommendations on SECON levels to the Deputy Secretary.
(d) Directs the development and implementation of a security plan for
the protection of the DOE Headquarters, its personnel, and its
assets; oversees functions of the DOE cognizant security office for
DOE Headquarters facilities, and delegates this authority in writing
as appropriate.
10 DOE O 470.4B
7-21-2011
Section 7
(e) Oversees implementation of the DOE Headquarters S&S Program,
including the development of S&S implementation procedures and
guidance for programs described in this Order and its appendices
and attachments, to include the approval of Headquarters
equivalencies and exemptions; provides oversight and technical
direction for all DOE offices located in Headquarters facilities.
(f) Ensures that the authorized SECON levels are implemented for
operations under the cognizance of the Office of Environment,
Health, Safety and Security (AU).
(g) Provides advice and assistance to DOE organizations concerning
S&S programs described in this Order and its appendices and
attachments.
(h) Serves as the executive agent responsible for the development of
the DBT, ensures that the DBT is periodically reviewed and
updated, staffs and obtains approval for the DBT through the
offices of the Under Secretaries, and recommends action to
approve the DBT to the Deputy Secretary.
(i) Reviews procurement requests for new AU Headquarters contracts
and ensures that the provisions of 48 CFR Section 952.204-2,
Security, and the requirements of the CRD and its attachments in
this Order are included in the contracts when required.
(j) Acts as the senior Agency official responsible for directing and
administering the DOE’s implementation of E.O. 12829, National
Industrial Security Program, Section 203(a).
(k) Maintains national-level liaison with Federal law enforcement,
security, and intelligence agencies in support of the DOE S&S
Program; and represents DOE in interagency efforts related to S&S
activities.
(l) Provides executive secretary support to the Security Committee.
With guidance from the Chair, the Executive Secretary will be
responsible for ensuring issues brought before the Committee are
properly analyzed and prepared for decision, recording Committee
decisions, and communicating decisions to the appropriate
elements of the Department.
(8) Through the Assistant Secretary for Environmental Management:
(a) Provides resources for conducting inquiries and damage
assessments and for implementing corrective actions in
11 DOE O 470.4B
7-21-2011
incidents of security concern occurring at EM
sites/facilities.
(b) Delegates in writing to a senior Federal official at each site under
EM cognizance the authority to make, in connection with classified
visits, an affirmative determination that permitting a U.S. citizen
holding a clearance granted by another Federal agency to have
access to Restricted Data will not endanger the common defense
and security prior to granting such access in connection with a
specific classified visit.
(c) Reviews procurement requests for new EM contracts and ensures
that the provisions of 48 CFR Section 952.204-2, Security, and the
requirements of the CRD and its attachments in this Order are
included in the contracts when required.
f. Heads of Field Elements and Headquarters Departmental Elements.
(1) Oversee the development of S&S plans that describe S&S policy
implementation in accordance with the requirements in this Order and its
appendices and attachments and include detailed information on the
assignment of roles, responsibilities, delegations, authorities, and
development of budgets and allocation of resources.
(2) Oversee the development of S&S implementation procedures and
guidance for programs described in this Order and its appendices and
attachments, implement the programs, and provide oversight and technical
direction for the programs.
Section 8
(3) Develop and allocate S&S budgets for assigned programs including
budgets for the infrastructure that supports S&S missions.
(4) Ensure that line management implements the applicable provisions of
programs described in this Order and its appendices and attachments.
(5) When new DOE S&S directives are issued, oversee the development of
and approve an implementation plan describing the steps and milestone
dates that will lead to full implementation of new requirements and
incorporation of CRDs into affected contracts.
(6) Notify contracting officers of affected contracts that must include the CRD
and attachments to this Order.
(7) Ensure that procurement requests for new contracts require inclusion of
appropriate language, including the clause at 48 CFR Section 952.204-2,
12 DOE O 470.4B
7-21-2011
Security, and the CRD and attachments to this Order in the resulting
contracts, when applicable.
(8) Ensure that contracting officers provide DOE F 470.1, Contract Security
Classification Specification (CSCS), to the DOE cognizant security offices
or their designees.
(9) Curtail or suspend operations at facilities/sites under their cognizance
when continued operations would result in an unacceptable risk to national
security and/or to the health and safety of DOE and contractor employees,
the public, or the environment.
(10) Ensure that the authorized SECON levels are implemented at
facilities/sites under their cognizance and that any local changes at
affected facilities are reported to the Operations Center, Office of
Emergency Operations.
(11) Ensure that S&S personnel under their cognizance are managed, trained,
and equipped and are provided with the resources and support services
needed to maintain protection of S&S interests.
(12) Ensure that contractors and subcontractors under their cognizance
implement the provisions of the CRD and attachments to this Order when
the CRD is incorporated in their contracts.
(13) Ensure that line management at sites under their cognizance has been
delegated the authority for oversight and monitoring of contractor
performance of the requirements contained in the CRD and its
attachments, and that appropriate oversight and monitoring activities are
conducted, including a process to validate established objectives,
standards, and criteria for security training programs conducted by
organizations other than the National Training Center.
(14) Ensure that a senior Federal official at each site under their cognizance has
been delegated in writing the authority to make, in connection with
classified visits, an affirmative determination that permitting a U.S. citizen
holding a clearance granted by another Federal agency to have access to
Restricted Data will not endanger the common defense and security prior
to granting such access in connection with a specific classified visit.
(1) Assesses the impact/potential impact (e.g., reduced operations, additional
protective force or security personnel, searches, entry/exit screening,
patrols, training, etc.) in response to elevated SECON level.
13 DOE O 470.4B
7-21-2011
(2) Establishes higher local SECON level at their respective site/facility; or to
recommend a deviation to lower from the Departmental SECON upon
notification to and approval by the Deputy Secretary.
(a) Ensure the local SECON level is consistent with the threat or local
conditions.
(b) Changing the Local SECON Level.
Section 9
1 Through the DOE Watch Office notifies the cognizant
Under Secretary, with a courtesy notification to the Senior
SECON Decision Team, of any situation where site/facility
management recommends a deviation to lower from the
Departmental SECON level.
2 Briefs the Senior SECON Decision Team, as soon as
possible, on any situation where site/facility management
recommends a deviation to lower from the Departmental
SECON.
3 Upon approval by the Deputy Secretary, in consultation
with Senior SECON Team, notifies site/facility
management of the local SECON level, and implements
measures appropriate to the local SECON level.
4 Advises the DOE Watch Office as soon as actions
appropriate to the local SECON have been implemented.
(c) Elevating Site SECON Levels above the Departmental Level. In
addition to 1.f.(16)(b)1-4 above:
1 Site/facility management must immediately notify the
Operations Center, Office of Emergency Operations, of the
elevated SECON level and keep the Operations Center
informed of the status of the site/facility and SECON
response plan implementation.
2 Determine when the site/facility local SECON level can
return to the Departmental SECON level and advise the
Senior SECON Decision Team.
(3) Review/update SECON response plans, as deemed appropriate.
(4) Issues direction for, and oversees implementation of SECON level for
sites/facilities or operations under their cognizance.
14 DOE O 470.4B
7-21-2011
g. Director, Office of Enterprise Assessments.
(1) Performs assessments and reports to the Secretary on the Department’s
S&S programs.
(2) Implements the procedures for the assessment of civil penalties set forth
in 10 CFR Part 824, Procedural Rules for the Assessment of Civil
Penalties for Classified Information Security Violations.
(3) Develops S&S training programs, and provides S&S training to
Departmental personnel, primarily through the National Training Center
(NTC).
(4) Through the NTC, certifies site implementation of NTC-developed
courses, establishes the Training Approval Program (TAP) for S&S
programs, and approves site training programs.
(5) Through the NTC, supports the Federal Technical Capabilities Panel in
the implementation of the DOE Technical Qualification Program to
develop a technically competent workforce and support Safeguards and
Security Leadership and executive development programs. Senior
executives with responsibility for technical oversight are expected to
complete Security Executive Leadership Training. Security Executive
Leadership Training is an in-residence course that covers topics, such as
Security Trends; Risk Management and Security Planning; Security
Events and Incidents; Security Oversight; Managing Security in a Safety
Basis Environment; Personnel Security and Human Reliability Programs;
and Cyber Security Threats. The content is designed for executive-level
employees.
h. Chief Security Officers for NNSA, Science and Energy, and Management and
Performance.
(1) Responsible and accountable for the development and implementation of
the S&S programs for personnel, facilities and sites within their
respective offices.
(2) As members of the Security Committee, participate in the development
of Departmental S&S policy.
(3) Coordinate and manage the provision of S&S support services to their
respective line management /program offices.
(4) Through the Security Committee, identify opportunities to strengthen
security strategies through enhancements to Secretarial security policies.
Section 10
15 DOE O 470.4B
7-21-2011
(5) In coordination with the Under Secretaries, the NNSA Administrator, the
Director, Office of Intelligence and Counterintelligence, the Deputy
Under Secretary for Counterterrorism and Counterproliferation, and the
Associate Under Secretary for Environment, Health, Safety and Security,
provides recommendations on SECON levels to the Deputy Secretary.
i. Director, Office of Intelligence and Counterintelligence.
(1) Ensures that information developed through intelligence/
counterintelligence program activities that affects S&S operations is shared
with AU and NNSA.
(2) Notifies the DOE/NNSA cognizant security office of security incidents
during the course of intelligence/counterintelligence activities. This
notification will be upon discovery unless such notification would severely
impede or negate intelligence activities or counterintelligence
investigations, or further compromise classified/sensitive information.
(3) Ensures coordination with cognizant security offices, as appropriate,
concerning security issues and other matters of mutual concern for
inclusion in security awareness activities and develops and conducts
briefings to present information on intelligence and counterintelligence
issues. Such briefings may be in conjunction with security awareness
briefings.
(4) Ensures that all foreign national visits and access to classified information
in connection with Sensitive Compartmented Information (SCI) are
conducted in accordance with governing international agreements or
treaties.
(5) Ensures that information on relevant intelligence/counterintelligence
concerns is provided to Departmental elements responsible for classified
visits by non-U.S. citizens under international agreements and treaties and
to individuals responsible for hosting classified visits by non-U.S. citizens
to DOE facilities and sites.
(6) In coordination with the Under Secretaries, the NNSA Administrator, the
Deputy Under Secretary for Counterterorism and Counterproliferation, the
Associate Under Secretary for Environment, Health, Safety and Security,
and the Chief Security Officers, provides recommendations on SECON
levels to the Deputy Secretary.
(7) Issues direction for and oversees the implementation of SECON levels for
operations under the cognizance of the Office of Intelligence and
Counterintelligence.
16 DOE O 470.4B
7-21-2011
j. Deputy Under Secretary for Counterterrorism and Counterproliferation.
In coordination with the Under Secretaries, the NNSA Administrator, the Office
of Intelligence and Counterintelligence, and the Associate Under Secretary for
Environment, Health, Safety and Security, provides recommendations on SECON
levels to the Deputy Secretary.
k. General Counsel, Office of the General Counsel. Provides legal advice and
assistance to AU regarding issues or changes in laws and regulations that may
affect S&S interests and programs.
l. Contracting Officers.
(1) Upon notification by a DOE/NNSA line management official initiating a
procurement activity, incorporate CRDs into affected contracts as
appropriate.
(2) Assist originators of procurement requests who want to incorporate the
provisions of 48 CFR Part 952.204-2, Security, and appropriate CRDs in
new contracts.
(3) Provide written notification to DOE/NNSA cognizant security offices in
accordance with Appendix B, Section 2, of this Order when contractual
changes impacting a company’s foreign ownership, control, or influence
occur.
Section 11
m. DOE Cognizant Security Offices. Responsibilities of the designated DOE
cognizant security offices applicable to each topical area are found in the
appendices.
n. Senior SECON Decision Team.
(1) Under Secretaries; Deputy Under Secretary for Counterterrorism and
Counterproliferation; Associate Under Secretary for Environment, Health,
Safety and Security; Director, Intelligence and Counterintelligence; and
Chief Security Officers.
(2) Serve as members of the Senior SECON Decision Team.
(a) Monitors the National Terrorism Advisory System (NTAS) Alerts
and Bulletins and assesses the impact/potential impact to the
Departmental SECON level, and to DOE/NNSA sites/facilities
under their cognizance.
(b) Monitors the SECON level to assess the impact/potential impact of
ongoing threats or specific incidents to DOE personnel, operations,
or sites/facilities.
17 DOE O 470.4B
7-21-2011
(c) Informs the Secretary, as appropriate, of any recommended
changes to Departmental SECON level, to include the factors
supporting the change.
(d) Notifies the DOE Emergency Operations Center if the
Departmental SECON level is changed.
(3) Advises the Deputy Secretary on the appropriate SECON level.
(4) Ensures dissemination of NTAS Alerts and Bulletins to the Heads of Field
Elements and Headquarters Departmental Elements.
6. REFERENCES. The following general references apply to this Order. Additional
references applicable to each topical area in the appendices and attachments are listed
under that topic for ease of identification. Complete reference information and links to
the most current official version of each document or successor documents are available
through the S&S Policy Information Resource (PIR) tool at https://pir.doe.gov/.
a. 42 U.S.C. Sections 2011 to 2296, Atomic Energy Act of 1954, as amended.
Establishes authorities and programs related to atomic energy, including programs
for Federal control of the possession, use, and production of nuclear energy and
SNM whether owned by the U.S. Government or others.
b. 42 U.S.C. Sections 7101 to 7352, Department of Energy Organization Act, as
amended. Establishes DOE and its basic authorities and responsibilities, including
the responsibility of the Secretary of Energy for developing and promulgating
DOE security policies.
c. 10 CFR Part 824, Procedural Rules for the Assessment of Civil Penalties for
Classified Information Security Violations. Establishes rules to assess a penalty
against contractors for violation of a directive relating to the protection of
classified information.
d. 10 CFR Part 1016, Safeguarding of Restricted Data. Establishes requirements for
granting facility security approval to an access permittee.
e. 10 CFR Part 1045, Nuclear Classification and Declassification. Establishes the
program for managing, identifying, generating, reviewing, and declassifying
Restricted Data and Formerly Restricted Data, and the sanctions for violations of
the procedures.
f. 32 CFR Chapter XX, Information Security Oversight Office, National Archives
and Records Administration. Establishes implementation requirements and
procedures for classified national security information and the National Industrial
Security Program.
http:https://pir.doe.gov
18 DOE O 470.4B
7-21-2011
g. 48 CFR Chapter 9, Department of Energy Acquisition Regulation. Supplements
48 CFR Chapter 1, Federal Acquisition Regulation, and includes the security
provisions and clauses to be used in DOE solicitations and contracts when a
facility security clearance and/or access to classified information will be
necessary for the performance of the contract.
Section 12
h. E.O. 12829, National Industrial Security Program, dated 01-26-93. Establishes
the National Industrial Security Program to protect classified information released
by Federal agencies to their contractors.
i. E.O. 13526, Classified National Security Information, dated 12-29-09. Establishes
the requirements for protection of classified information.
j. DOE P 226.1B, Department of Energy Oversight Policy, dated 4-25-11.
Establishes a Department-wide oversight process to protect the public, workers,
environment, and national security assets effectively through continuous
improvement.
k. DOE O 226.1B, Implementation of Department of Energy Oversight Policy, dated
4-25-11. Implements the policy that establishes a Department-wide oversight
process to protect the public, workers, environment, and national security assets.
l. DOE O 227.1A, Independent Oversight Program, dated 12-21-15. Prescribes the
requirements and responsibilities for the Department’s Independent Oversight
Program to ensure the program is implemented in a transparent, efficient, and
constructive manner to support the safe and secure accomplishment of DOE’s
missions.
m. DOE O 414.1D, admin. change 1, Quality Assurance, dated 4-25-11, which
ensures that the quality of DOE/NNSA products and services meets or exceeds
the customers’ requirements and expectations.
n. DOE O 475.2B, Identifying Classified Information, dated 10-3-14. Establishes the
program to identify information classified under the Atomic Energy Act or E.O.
13526 so that it can be protected against unauthorized disclosures.
o. DOE Order 475.1, Counterintelligence Program, dated 12-10-04, establishes the
Counterintelligence (CI) Program requirements and responsibilities for the
Department of Energy (DOE), including the National Nuclear Security
Administration (NNSA), pursuant to Executive Order 12333 in order to detect and
deter insiders who engage in activities on behalf of a foreign intelligence service
or international terrorist entity.
p. DOE Order 243.1B, admin. change 1, Records Management Program, dated 03
11-13, which sets forth requirements and responsibilities for implementing and
19 DOE O 470.4B
7-21-2011
maintaining a cost-effective records management program throughout the
Department of Energy.
q. 36 CFR Chapter XII, Subchapter B, Records Management. Establishes
requirements for the creation, maintenance, and disposition of Federal records and
penalties for unlawful or accidental removal, alteration, or destruction of records.
r. Presidential Policy Directive (PPD)-21, Critical Infrastructure Security and
Resilience, dated 2-12-13, which establishes a national policy advancing a unified
effort to strengthen and maintain secure, functioning, and resilient critical
infrastructure.
s. PPD-7, National Terrorism Advisory System, dated 01-26-11.
t. E.O. 13587, Structural Reforms to Improve the Security of Classified Networks
and the Responsible Sharing and Safeguarding of Classified Information, dated
October 7, 2011.
u. Presidential Memorandum, National Insider Threat Policy and Minimum
Standards for Executive Branch Insider Threat Programs, dated November 12,
2012.
v. DOE Order 470.5, Insider Threat Program, dated June 2, 2014.
7. DEFINITIONS.
a. Cognizant security office means the office assigned responsibility for a given
security program or function. Where DOE cognizant security office is stated, the
reference is to a Federal activity.
Section 13
b. Officially Designated Federal Security Authority (ODFSA) are Federal
employees who possess the appropriate knowledge and responsibilities for each
situation to which they are assigned through delegation. Delegation of authority
for these positions is originated according to direction from the accountable
Program Secretarial Officer (or the Secretary or Deputy Secretary for
Departmental Elements not organized under a Program Secretarial Office), who
also provides direction for which of the ODFSA positions may be further
delegated. Each delegation must be documented in writing. It may be included in
other security plans or documentation approved by or according to direction from
the accountable principal. Each delegator remains responsible for the delegatee’s
acts or omissions in carrying out the purpose of the delegation.
c. Officially Designated Security Authority (ODSA) are Federal or contractor
employees that possess the appropriate knowledge and responsibilities for each
situation to which they are assigned through delegation. Delegation of authority
for these positions is originated according to direction from the accountable
20 DOE O 470.4B
7-21-2011
Program Secretarial Officer (or the Secretary or Deputy Secretary for
Departmental Elements not organized under a Program Secretarial Office), who
also provides direction for which of the ODSA positions may be further
delegated. Each delegation must be documented in writing. It may be included in
other security plans or documentation approved by or according to direction from
the accountable principal. Each delegator remains responsible for the delegatee’s
acts or omissions in carrying out the purpose of the delegation.
d. Chief Security Officer is the designated Under Secretarial official responsible
and accountable for the implementation of the safeguards and security programs
for personnel, facilities, and sites within their respective Offices. The Under
Secretaries will provide their respective Chief Security Officers the appropriate
level of authorities and resources to manage and execute the significant
safeguards and security responsibilities being entrusted to them.
e. Security Committee is a forum comprised of Chief Security Officers from each
of the three Under Secretarial organizations, and other Departmental Federal
employee leadership that participate in developing recommendations regarding
Department-wide security policies, facilitate active coordination of effective
security strategies across the Department, and provide a forum for addressing
cross-organizational issues and challenges.
f. Definitions applicable to each topical area are found in the appendices and
attachments. Definitions for terms used in a general S&S context are available
through the Safeguards and Security Policy Information Resource (PIR) tool at
https://pir.doe.gov/.
8. CONTACT. Questions concerning this Order should be addressed to the Office of
Security Policy, Office of Environment, Health, Safety and Security at 301-903-4642.
BY ORDER OF THE SECRETARY OF ENERGY:
ELIZABETH SHERWOOD-RANDALL
Deputy Secretary
http:https://pir.doe.gov
i DOE O 470.4B
7-21-2011
TABLE OF CONTENTS
Appendix A. Safeguards and Security Program Planning.................................................... A-1
Section 1. Safeguards and Security Program Planning.................................................... 1-1
Section 14
1. Objective ................................................................................................................ 1-1
2. Purpose................................................................................................................... 1-1
3. Definitions.............................................................................................................. 1-1
4. References .............................................................................................................. 1-2
5. Requirements ......................................................................................................... 1-2
Chapter I. Security Plans ...............................................................................................I-1
1. General .................................................................................................................... I-1
2. Security Plan .......................................................................................................... I-2
3. Assessments and Analyses...................................................................................... I-2
4. Security Plan Components ...................................................................................... I-2
5. Reviews and Updates .............................................................................................. I-3
Chapter II. Security Conditions .................................................................................. II-1
1. General ...................................................................................................................II-1
2. SECON Levels.......................................................................................................II-1
3. SECON Planning ...................................................................................................II-2
4. Establishment of SECON Level ............................................................................II-2
5. Coordination...........................................................................................................II-2
Chapter III. Performance Assurance......................................................................... III-1
1. General ..................................................................................................................III-1
2. Applicability..........................................................................................................III-1
3. Performance Assurance Planning .........................................................................III-1
4. Test Schedules.......................................................................................................III-2
5. Results Analysis and Documentation ...................................................................III-2
6. System Degradation..............................................................................................III-3
7. Reviews and Updates ............................................................................................III-3
Section 2. Survey, Review, and Self- Assessment Programs ............................................ 2-1
Section 15
1. Objective ................................................................................................................ 2-1
2. Purpose................................................................................................................... 2-1
3. Definitions.............................................................................................................. 2-1
4. References .............................................................................................................. 2-2
5. Requirements ......................................................................................................... 2-2
6. Surveys................................................................................................................... 2-3
7. Self-Assessments ................................................................................................... 2-4
8. Reports and Ratings ............................................................................................... 2-4
9. Findings and Corrective Actions............................................................................ 2-5
ii DOE O 470.4B
7-21-2011
10. Documentation..................................................................................................... 2-6
Appendix B. Safeguards and Security Program Management Operations..........................B-1
Section 1. Facility Clearances and Registration of Safeguards and Security
Activities.......................................................................................................................... 1-1
1. Objective ................................................................................................................ 1-1
2. Purpose................................................................................................................... 1-1
3. Facility Definition.................................................................................................. 1-1
4. References .............................................................................................................. 1-1
5. Requirements ......................................................................................................... 1-2
Chapter I. Facility Clearance Program ........................................................................I-1
1. General .................................................................................................................... I-1
2. Eligibility Requirements ......................................................................................... I-3
Chapter II. Importance Ratings .................................................................................. II-1
1. Facility Importance Ratings ...................................................................................II-1
2. Upgrading and Downgrading a Facility’s Assigned Importance Rating ...............II-2
Chapter III. Facility Clearance Approval Requirements ........................................ III-1
1. Issuance of FCLs...................................................................................................III-1
2. Contractor Facilities .............................................................................................III-1
3. Facility Clearances for OGAs ...............................................................................III-1
4. Records ................................................................................................................III-2
Section 16
Chapter IV. Interim and Limited Facility Clearances ............................................. IV-1
1. Interim FCLs ........................................................................................................ IV-1
2. Limited FCLs ....................................................................................................... IV-1
Chapter V. Personnel Security Clearances and Exclusion Procedures Required in
Connection with Contractor Facility Clearances................................................. V-1
1. Security Clearances Required in Connection with the FCL ..................................V-1
2. Exclusion Procedures .............................................................................................V-1
3. Security Clearances Concurrent with the FCL ......................................................V-1
Chapter VI. Facility Clearances Granted by Other Government Agencies...........VI-1
1. Accepting OGA FCLs.......................................................................................... VI-1
2. OGA Verification Requests ................................................................................. VI-3
3. OGA Contractors with no DOE Contracts........................................................... VI-3
Chapter VII. Documentation and Registration of Facility Clearances and Related
Security Activities .................................................................................................VII-1
iii DOE O 470.4B
7-21-2011
1. Documentation of FCLs ...................................................................................... VII-1
2. Registration of Security Activities...................................................................... VII-1
3. Registering Strategic Partnership Projects (SPP) Activities............................... VII-2
4. Exceptions to Registration in SSIMS.................................................................. VII-3
Chapter VIII. Suspensions ....................................................................................... VIII-1
1. Reasons for Suspension .....................................................................................VIII-1
2. Actions ...............................................................................................................VIII-1
3. Non-Compliance with Mitigation Plans ............................................................VIII-1
4. Continuation of Contract Performance Under Foreign Government
Ownership ........................................................................................................VIII-2
5. Reinstatement of A Suspended FCL..................................................................VIII-2
Chapter IX. Facility Clearance Termination and Close Out................................... IX-1
1. Contract Closeout/Facility Clearance Termination.............................................. IX-1
2. Reactivation ......................................................................................................... IX-1
Section 2. Foreign Ownership, Control, or Influence Programs ..................................... 2-1
1. Objective ................................................................................................................ 2-1
2. Purpose................................................................................................................... 2-1
3. Definition ............................................................................................................... 2-1
Section 17
4. References .............................................................................................................. 2-1
5. Requirements ......................................................................................................... 2-2
Chapter I. General FOCI Program Information.........................................................I-1
1. General .................................................................................................................... I-1
2. Applicability............................................................................................................ I-2
3. Electronic Submission/Processing Web Site .......................................................... I-2
Chapter II. FOCI Processing ....................................................................................... II-1
1. Determining the Requirements for a FOCI Determination....................................II-1
2. Final FOCI Determinations....................................................................................II-1
3. Adjudication...........................................................................................................II-1
4. Committee on Foreign Investment in the United States ........................................II-2
5. Contracting Officers...............................................................................................II-2
Chapter III. Changes to FOCI Information.............................................................. III-1
1. FOCI Changes that Occur Following Submission of an SF 328 and before Contract
Award..................................................................................................................III-1
2. Updates .................................................................................................................III-1
3. Annual Review and Certification..........................................................................III-2
Chapter IV. FOCI Mitigation..................................................................................... IV-1
iv DOE O 470.4B
7-21-2011
1. General ................................................................................................................. IV-1
2. Mitigation Action Plans ....................................................................................... IV-1
3. FOCI Mitigation Instruments............................................................................... IV-1
4. Noncompliance with Mitigation Plans................................................................. IV-5
Section 3. Safeguards and Security Awareness................................................................. 3-1
1. Objective ................................................................................................................ 3-1
2. Purpose................................................................................................................... 3-1
3. Definition ............................................................................................................... 3-1
4. References .............................................................................................................. 3-1
5. Requirements ......................................................................................................... 3-2
6. Briefings................................................................................................................. 3-3
7. Classified Information Nondisclosure Agreement (SF312)................................... 3-7
Section 18
8. Supplementary Awareness Activities .................................................................... 3-8
Section 4. Control of Classified Visits ................................................................................ 4-1
1. Objective ................................................................................................................ 4-1
2. Purpose................................................................................................................... 4-1
3. Definitions.............................................................................................................. 4-1
4. References .............................................................................................................. 4-1
5. Requirements ......................................................................................................... 4-2
6. Visits to DOE Facilities by Cleared U.S. Citizens Other than DOE Personnel..... 4-3
7. Visits by Cleared DOE Personnel to Other DOE Facilities................................... 4-5
8. Classified Visits to DOE Facilities by Non-U.S. Citizens ..................................... 4-6
9. Documentation....................................................................................................... 4-7
Section 5. Safeguards and Security Training Program.................................................... 5-1
1. Objective ................................................................................................................ 5-1
2. Purpose................................................................................................................... 5-1
3. Definition ............................................................................................................... 5-1
4. References .............................................................................................................. 5-1
5. Requirements ......................................................................................................... 5-1
Section 6. Restrictions on the Transfer of Security-Funded Technologies..................... 6-1
1. Objective ................................................................................................................ 6-1
2. Purpose................................................................................................................... 6-1
3. References .............................................................................................................. 6-1
4. Requirements ......................................................................................................... 6-1
Attachment 1. Contractor Requirements Document DOE O 470.4B, Safeguards and
Security Program ......................................................................................................................1
1. Requirements .............................................................................................................1
2. Equivalencies and Exemptions ..................................................................................2
3. Definitions..................................................................................................................2
v DOE O 470.4B
7-21-2011
Attachment 2. Contractor Requirements Document Safeguards and Security Program
Planning ....................................................................................................................................1
Section 19
Section 1. Safeguards and Security Program Planning.................................................... 1-1
1. Objective ................................................................................................................ 1-1
2. Purpose................................................................................................................... 1-1
3. Definitions.............................................................................................................. 1-1
4. References .............................................................................................................. 1-2
5. Requirements ......................................................................................................... 1-2
Chapter I. Security Plans ...............................................................................................I-1
1. General .................................................................................................................... I-1
2. Security Plan .......................................................................................................... I-2
3. Assessments and Analyses...................................................................................... I-2
4. Security Plan Components ...................................................................................... I-2
5. Reviews and Updates .............................................................................................. I-3
Chapter II. Security Conditions .................................................................................. II-1
1. General ...................................................................................................................II-1
2. SECON Levels.......................................................................................................II-1
3. SECON Planning ...................................................................................................II-2
4. Establishment of SECON Level ............................................................................II-2
5. Coordination...........................................................................................................II-2
Chapter III. Performance Assurance......................................................................... III-1
1. General ..................................................................................................................III-1
2. Applicability..........................................................................................................III-1
3. Performance Assurance Planning .........................................................................III-1
4. Test Schedules.......................................................................................................III-2
5. Results Analysis and Documentation ...................................................................III-2
6. System Degradation..............................................................................................III-3
7. Reviews and Updates ............................................................................................III-3
Section 2. Survey, Review and Self-Assessment Programs .............................................. 2-1
Section 20
1. Objective ................................................................................................................ 2-1
2. Purpose................................................................................................................... 2-1
3. Definitions.............................................................................................................. 2-1
4. References .............................................................................................................. 2-2
5. Requirements ......................................................................................................... 2-2
6. Surveys................................................................................................................... 2-3
7. Self-Assessments ................................................................................................... 2-3
8. Findings and Corrective Actions............................................................................ 2-4
9. Documentation....................................................................................................... 2-4
vi DOE O 470.4B
7-21-2011
Attachment 3. Contractor Requirements Document Safeguards and Security Program
Management Operations .........................................................................................................1
Section 1. Facility Clearances and Registration of Safeguards and Security
Activities.......................................................................................................................... 1-1
1. Objective ................................................................................................................ 1-1
2. Purpose................................................................................................................... 1-1
3. Facility Definition.................................................................................................. 1-1
4. References .............................................................................................................. 1-1
5. Requirements ......................................................................................................... 1-2
Chapter I. Facility Clearance Program ........................................................................I-1
1. General .................................................................................................................... I-1
2. Eligibility Requirements ......................................................................................... I-2
Chapter II. Importance Ratings .................................................................................. II-1
1. Facility Importance Ratings ...................................................................................II-1
2. Upgrading and Downgrading a Facility’s Assigned Importance Rating ...............II-2
Chapter III. Facility Clearance Approval Requirements ........................................ III-1
1. Issuance of FCLs...................................................................................................III-1
2. Contractor Facilities..............................................................................................III-1
Chapter IV. Interim and Limited FCLS.................................................................... IV-1
1. Interim FCL.......................................................................................................... IV-1
Section 21
2. Limited FCL......................................................................................................... IV-1
Chapter V. Personnel Security Clearances and Exclusion Procedures Required in
Connection with Contractor FCLS ....................................................................... V-1
1. Security Clearances Required in Connection with the FCL ..................................V-1
2. Exclusion Procedures .............................................................................................V-1
3. Security Clearances Concurrent with the FCL ......................................................V-1
Chapter VI. Reporting Requirements........................................................................VI-1
1. General ................................................................................................................. VI-1
2. Updates ................................................................................................................ VI-1
3. Other Reportable Changes ................................................................................... VI-4
Chapter VII. Suspensions...........................................................................................VII-1
1. Reasons for Suspensions ..................................................................................... VII-1
2. Actions ................................................................................................................ VII-1
3. Noncompliance with Mitigation Plans................................................................ VII-1
vii DOE O 470.4B
7-21-2011
4. Continuation of Contract Performance under Foreign Government
Ownership ......................................................................................................... VII-2
5. Reinstatement of a Suspended FCI ..................................................................... VII-2
Chapter VIII. Facility Clearance Termination and Close Out............................. VIII-1
1. Contract Closeout/Facility Clearance Termination............................................VIII-1
2. Reactivation .......................................................................................................VIII-2
Section 2. Foreign Ownership, Control, or Influence Program....................................... 2-1
1. Objective ................................................................................................................ 2-1
2. Purpose................................................................................................................... 2-1
3. Definition ............................................................................................................... 2-1
4. References .............................................................................................................. 2-1
5. Requirements ......................................................................................................... 2-2
Chapter I. General FOCI Program Information.........................................................I-1
1. General .................................................................................................................... I-1
2. Applicability............................................................................................................ I-2
3. Electronic Submission/Processing Web Site .......................................................... I-2
Section 22
4. Committee on Foreign Investment in the United States ......................................... I-3
Chapter II. FOCI Mitigation ....................................................................................... II-1
1. General ...................................................................................................................II-1
2. FOCI Mitigation Instruments.................................................................................II-1
3. Trustees, Proxy Holders, and Outside Directors....................................................II-5
4. Government Security Committee...........................................................................II-5
5. Technology Control Plan .......................................................................................II-6
Section 3. Safeguards and Security Awareness................................................................. 3-1
1. Objective ................................................................................................................ 3-1
2. Purpose................................................................................................................... 3-1
3. Definition ............................................................................................................... 3-1
4. References .............................................................................................................. 3-1
5. Requirements ......................................................................................................... 3-2
6. Briefings................................................................................................................. 3-3
7. Classified Information Nondisclosure Agreement (SF 312).................................. 3-7
8. Supplementary Awareness Activities .................................................................... 3-8
Section 4. Control of Classified Visits ................................................................................ 4-1
1. Objective ................................................................................................................ 4-1
2. Purpose................................................................................................................... 4-1
3. Definitions.............................................................................................................. 4-1
4. References .............................................................................................................. 4-1
viii DOE O 470.4B
7-21-2011
5. Requirements ......................................................................................................... 4-2
6. Visits to DOE Facilities by Cleared U.S. Citizens Other than DOE Personnel..... 4-3
7. Visits by Cleared DOE Personnel to Other DOE Facilities................................... 4-5
8. Classified Visits to DOE Facilities by Non-U.S. Citizens ..................................... 4-5
9. Documentation....................................................................................................... 4-7
Section 5. Safeguards and Security Training Program.................................................... 5-1
1. Objective ................................................................................................................ 5-1
2. Purpose................................................................................................................... 5-1
3. Definition ............................................................................................................... 5-1
Section 23
4. References .............................................................................................................. 5-1
5. Requirements ......................................................................................................... 5-1
Section 6. Restrictions on the Transfer of Security-Funded Technologies..................... 6-1
1. Objective ................................................................................................................ 6-1
2. Purpose................................................................................................................... 6-1
3. References .............................................................................................................. 6-1
4. Requirements ......................................................................................................... 6-1
Attachment 4. Department of Energy Tactical Doctrine ...........................................................1
1. Introduction................................................................................................................1
2. References ..................................................................................................................1
3. Tactical Doctrine........................................................................................................2
4. Management Considerations....................................................................................10
Attachment 5. Incidents of Security Concern .............................................................................1
1. Objective ....................................................................................................................1
2. Purpose.......................................................................................................................1
3. Definitions..................................................................................................................1
4. References ..................................................................................................................3
5. Roles and Responsibilities .........................................................................................5
Section 1. Incident Identification and Reporting Requirements ..................................... 1-1
1. General ................................................................................................................... 1-1
2. Incident Identification and Categorization............................................................. 1-1
3. Preliminary Inquiry, Categorization, and Reporting.............................................. 1-4
4. Conduct of Inquiries............................................................................................... 1-8
5. Inquiry Officials..................................................................................................... 1-8
6. Incident Closure ..................................................................................................... 1-9
7. Administrative Actions ........................................................................................ 1-10
DOE O 470.4B Appendix A
7-21-2011 A-1 (and A-2)
APPENDIX A. SAFEGUARDS AND SECURITY PROGRAM PLANNING
Section 24
This appendix establishes the U.S. Department of Energy (DOE) requirements for developing
facility and site security plans and for ensuring that plans are current and address the actual
operating conditions at the covered location through performance assurance testing and a
program of regular periodic surveys. Section 1 addresses planning activities. Section 2 covers
activities to be implemented in connection with surveys.
DOE O 470.4B Appendix A, Section 1
7-21-2011 1-1
SECTION 1. SAFEGUARDS AND SECURITY PROGRAM PLANNING
1. OBJECTIVE. To establish a safeguards and security (S&S) planning approach that will
provide facilities and sites with a consistent method for identifying, developing and
documenting sound risk mitigation strategies by identifying all critical S&S performance,
technical, schedule, and cost elements.
2. PURPOSE. S&S planning activities are conducted to ensure that an S&S plan describing
the assumptions and approved operating conditions necessary to protect national security
and property assets, as well as the public, DOE employees, and contractor employees,
from malevolent actions by adversaries is prepared for each facility and site and approved
by an appropriate Federal authority.
3. DEFINITIONS.
a. Facility. A facility consists of one or more security interests under a single
security management responsibility or authority and a single facility security
officer within a defined boundary that encompasses all the security assets at that
location. A facility operates under a security plan that allows security
management to maintain daily supervision of its operations, including day-to-day
observations of the security program.
b. Site. A site consists of one or more facilities operating under a centralized security
management, including a site security officer with consolidated authority and
responsibility for the facilities, and covered by a site security plan that may
consolidate or replace, wholly or partially, individual facility plans.
c. S&S Interest(s) and/or Assets. A general term for any Departmental resource or
property that requires protection from malevolent acts. It includes but is not
limited to Federal and contractor personnel; classified information and/or matter;
sensitive compartmented information facilities; automated data processing
centers; facilities storing, processing, and transmitting classified information
and/or matter; vital equipment; special nuclear material (SNM); other nuclear
materials; certain radiological chemical or biological materials; sensitive
unclassified information; or other Departmental property.
d. Essential Elements. Protection and assurance elements necessary for the overall
success of the S&S program at a facility or site, the failure of any one of which
would result in protection effectiveness being significantly reduced or which
would require performance of other elements to be significantly better than
expected in order to mitigate the failure. Essential elements can include but are
not limited to equipment, procedures, and personnel.
4. REFERENCES.
a. DOE P 470.1B, Safeguards and Security Program, dated 07-21-11.
Appendix A, Section 1 DOE O 470.4B
1-2 7-21-2011
b. DOE O 470.3C, Design Basis Threat (DBT) order, dated 11-23-16.
c. 48 CFR Section 952.204-2, Security, and Section 952.204-73(c), Facility
Clearance,
d. E.O. 12977, Interagency Security Committee, dated 10-19-95.
e. Interagency Security Committee (ISC) Standard. Risk Management Process,
August 2013, 1st Edition.
Section 25
f. ISC, Design-Basis Threat Report. The Risk Management Process for Federal
Facilities: An Interagency Security Committee Standard. February 2016, 10th
Edition, 1st Revision.
g. DOE-STD 1192-2010, Vulnerability Assessment Standard, dated 03-03-10.
h. PDD 39, U.S. Policy on Counterterrorism, dated 06-21-95.
i. PPD-7, National Terrorism Advisory System, dated 01-26-11.
j. DoD 5220.22-M, National Industrial Security Program Operating Manual
(NISPOM), dated 05-18-16.
k. DOE O 150.1A, Continuity Programs, dated 03-31-14.
l. PPD-21, Critical Infrastructure Security and Resilience, dated 02-12-13.
m. E.O. 13587, Structural Reforms to Improve the Security of Classified Networks
and the Responsible Sharing and Safeguarding of Classified Information, dated
October 7, 2011.
n. Presidential Memorandum, National Insider Threat Policy and Minimum
Standards for Executive Branch Insider Threat Programs, dated November 12,
2012.
o. DOE Order 470.5, Insider Threat Program, dated June 2, 2014.
5. REQUIREMENTS. DOE cognizant security offices, as designated by the Program
Secretarial Office or, for NNSA, the Office of the Administrator through the Chief,
Defense Nuclear Security, are responsible for ensuring that the following security
planning activities are accomplished for facilities and sites under their cognizance.
a. Ensure that planning activities support the Department’s Strategic Plan, the
facility’s/site’s mission, forecasts of significant changes to facility/site operations,
and current and projected operational and fiscal constraints.
DOE O 470.4B Appendix A, Section 1
7-21-2011 1-3
b. Review and approve contractor security plans, establishing a Federally approved
authorization for site security operations.
c. Ensure that Officially Designated Federal Security Authority (ODFSA) approval
officials with authority for security plans explicitly accept any residual risk
involved in operations under the requirements of approved security plans.
d. Ensure that approved security plans continue to accurately describe site/facility
S&S procedures and requirements.
e. Ensure that site operations are conducted in compliance with approved security
plans.
f. Monitor progress on completion of implementation plans to ensure that approved
actions are completed within the approved time frames.
g. Ensure that facilities/sites that possess nuclear weapons and components,
Category I SNM, or targets subject to radiological or toxicological sabotage
develop and implement defense strategies and Security Incident Response Plans
in accordance with the DOE Tactical Doctrine contained in Attachment 4.
h. Ensure that assessments of protection effectiveness are conducted at a level of
detail and rigor appropriate to the assets and security interests being protected and
in accordance with national standards and DOE directives, and ensure that
documentation of such analyses are maintained in support of the security plan.
i. Provide assurances for safeguarding against loss, theft, diversion, unauthorized
access, misuse, or sabotage of radioactive materials and radioactive sealed sources
that could adversely affect national security and the health and safety of
employees, the public, and the environment in accordance with DOE O 470.3B,
Design Basis Threat (DBT) Order, DOE O 231.1B, Admin Chg 1, Environment,
Safety and Health Reporting, and 10 CFR Part 835, Occupational Radiation
Protection, Subpart M and Appendix E.
Section 26
j. Develop Security Condition (SECON) response plans that can be immediately
implemented when there is a change in either the Department’s or a specific
facility’s/site’s SECON status.
DOE O 470.4B Appendix A, Section 1, Chapter I
7-21-2011 I-1
CHAPTER I. SECURITY PLANS
1. GENERAL. All facilities and sites under DOE cognizance must have a security plan
that reflects the assets, security interests, approved S&S program implementation at that
location and any residual risks associated with operation under the security plan.
a. DOE site security managers, in consultation with contractor security managers,
will determine and define the facilities under their cognizance and how or if a
group of facilities will be consolidated into a site. This decision is made locally
in order to facilitate the security management at each location.
b. For those facilities that do not have security assets (e.g., classified information or
matter, SNM, or other assets requiring a facility security clearance (FCL) in
accordance with the Facility Clearance section in Appendix B), the security plan
must be developed to address the protection of employees and Government-
owned or leased property.
c. For all U.S. Government owned or leased properties that do not have security
assets (e.g., classified information or matter, SNM, or other assets requiring an
FCL in accordance with the Facility Clearance section of this directive), but to
which DOE Federal employees are assigned, the standards set forth by the ISC
under E.O. 12977, Interagency Security Committee, must be used as the baseline
for developing the security plan.
d. While the ISC standards do not apply to contractor owned or leased facilities in
which Federal employees are not routinely assigned, they should be used to
establish the basis for planning for the protection of employees and Government-
owned or leased property at contractor facilities that do not have security assets
(e.g., classified information or matter, SNM, or other assets requiring an FCL in
accordance with the Facility Clearance section of this directive).
e. Facilities with security interests that require an FCL but that do not fall under the
provisions of the Design Basis Threat (DBT) Order must develop security plans
that, in addition to the protection of employees and property, address the
protection of security interests at that location and meet the requirements in
national-level policy and DOE directives for the protection of those interests.
Non-possessing facilities must develop a security plan in sufficient detail to
address how the contractor will fulfill its responsibilities (reporting
requirements, management of employee clearances, etc.) under the Facility
Clearance Program.
f. For facilities under the cognizance of the Power Marketing Administrations,
which do not fall under the provisions of the DBT but must meet specific critical
infrastructure requirements, security plans will be developed under locally
determined field element security levels and will be approved by the Chief
Security Officer for each Power Marketing Administration.
Appendix A, Section 1, Chapter I DOE O 470.4B
I-2 7-21-2011
g. Facilities with security interests to which DBT performance standards or other
requirements apply must develop security plans that comply with the
requirements in the DBT and incorporate the DOE Tactical Doctrine in addition
to complying with the requirements in national-level policy and DOE directives
for the protection of any security interests not covered by the DBT performance
standards, and in addition to the protection of employees and property.
Section 27
2. SECURITY PLAN. The security plan is the approved method for conducting security
operations at a facility or site and therefore must reflect security operations at that
facility or site at all times. The plan must describe in detail, either in its content or in
combination with other explicitly referenced documents, all aspects of S&S operations
occurring at the location and must include documentation of any deviations from
national or DOE requirements. At those locations where management has determined
that several facilities can be consolidated into a site, the site security plan may
consolidate or replace individual facility security plans in whole or in part but must
establish a unified approach to conducting site operations. Security plans must be based
on in-depth analysis of considerations specific to the location and the assets and
interests to be protected.
3. ASSESSMENTS AND ANALYSES. Security plans must be supported by a sufficient
analytical basis to establish that protection requirements will be met if the plan is
completely and effectively executed. The analytical basis must include, as applicable,
qualitative and quantitative simulations, performance test results, and/or expert analysis
that reflect the complexity of facility/site operations and the consequences of loss or
unauthorized access or use of the security assets present.
When facility/site security assets include Category I (or credible rollup to Category I)
SNM, vulnerability assessments (VAs), force-on-force system performance tests, other
applicable performance tests, and expert analysis must be used in combination to
establish the requirements for specific security measures and equipment, the
effectiveness of the proposed security posture, and the requirements for improvements
in the protection of Category I SNM documented in the approved security plan(s).
Documentation of all such assessment activities should be retained on file to
demonstrate how the security plan was developed and evaluated. However, these
analyses need not be included or specifically referenced in the approved plan.
4. SECURITY PLAN COMPONENTS. All security plans must include the following:
a. A listing and prioritization of the assets and security interests at the facility or
site; a description of how the protection program is managed; and a description
of how national and DOE S&S requirements are met, including any deviations
from requirements; and
As required, implementation plans for meeting changes in national or DOE
policies or other changes (such as the addition or removal of security interests)
that may require an extended time frame to implement because of financial or
DOE O 470.4B Appendix A, Section 1, Chapter I
7-21-2011 I-3 (and I-4)
other resource considerations, including an implementation schedule and planned
contingency measures in case the requirements cannot be met as scheduled.
Implementation plans and contingency measures may be included in the security
plan by reference. DOE cognizant security offices must monitor contractors’
implementation plans to ensure that requirements are implemented without
unnecessary delays.
5. REVIEWS AND UPDATES. Security plans must be reviewed as required to ensure that
the plans are current and reflect the actual operating conditions at the covered location.
Changes to approved security plans must be approved by the DOE cognizant security
office, and the Federal office may require more frequent reviews or may direct a
contractor to review the contractor’s plan at any time. Updates to security plans must be
made whenever any of the following conditions apply:
Section 28
a. Changes in baseline security requirements in national-level or DOE policy;
b. Changes in facility operators/contractors;
c. Changes in assets or security interests;
d. Changes in facilities included in a site security plan;
e. Changes in the security posture of a facility or site;
f. Planned changes to the security program at the facility or site; or
g. Changes in operations at a facility or site that require modification to approved
security measures.
DOE O 470.4B Appendix A, Section 1, Chapter II
7-21-2011 II-1
CHAPTER II. SECURITY CONDITIONS
1. GENERAL. DOE Security Condition (SECON) levels reflect a multitude of conditions
that may adversely impact Departmental and/or facility and site security. SECONs may
include terrorist activity, continuity conditions, environmental (fire, chemical,
radiological, etc.) and/or severe weather conditions. The day-to-day DOE security
readiness state is informed by the Department of Homeland Security’s (DHS) NTAS.
NTAS alerts are established based on the analysis of a continuous and timely flow of
integrated, all-source threat assessments and reporting provided to Executive Branch
decision-makers.
The SECON will be managed by a Senior SECON Decision Team, chaired by the Deputy
Secretary, with membership comprised of the Under Secretaries, the Deputy Under
Secretary for Counterterrorism and Counterproliferation, the Associate Under Secretary
for Environment, Health, Safety and Security, the Director, Office of Intelligence and
Counterintelligence and Chief Security Officers. This chapter details DOE requirements
for responding to changes in the Departmental SECON levels and NTAS alerts.
2. SECON DETERMINATION.
a. Departmental SECON Level. Department-wide SECON levels are established by
the Deputy Secretary of Energy in consultation with the SECON Decision Team.
Departmental SECON levels will be determined using existing threat,
environmental, Continuity of Government Readiness Condition (COGCON)
levels as specified in DOE O 150.1A, Continuity Programs, NTAS bulletins and
alerts, and other program considerations for HQ and field activities, such as those
in DOE O 151.1D Comprehensive Emergency Management System. Changes in
the COGCON level 1 will require concurrent changes in the SECON level. Under
conditions other than COGCON 1, any member of the Senior SECON Decision
Team can activate the team by convening a meeting of the team by teleconference
or face-to-face to evaluate the threat and determine the appropriate SECON for
the Department or any component thereof.
If the determination is made that the Departmental SECON level should change
notification will be made through the Emergency Operations Center.
b. Local SECON Levels. Local SECON levels may differ from the Departmental
SECON level and are established by site/facility management with the
concurrence of the cognizant Under Secretary or, in the case of DOE
Headquarters, the Associate Under Secretary for Environment, Health, Safety,
and Security.
(1) Elevated. If the determination is made to elevate a site/facility SECON
level from the Departmental SECON, site/facility management must
immediately notify the cognizant Under Secretary and the DOE
Operations Center, Office of Emergency Operations of the changed
Appendix A, Section 1, Chapter II DOE O 470.4B
II-2 7-21-2011
condition and keep the Operations Center informed of the status of the
facility and the SECON response plan implementation.
Section 29
(2) Lowered. If the determination is made to lower a site/facility SECON
level from the Departmental SECON, site/facility management must
notify the DOE Watch Office and the appropriate Under Secretary. When
approval has been obtained from the Deputy Secretary, on the
recommendation of the Senior SECON Decision Team, the local SECON
level may be lowered.
Table 1. Relationship of Notification System Levels
DOE SECON DHS NTAS COGCON Description of Threat
SECON 5 Normal Conditions COGCON 4 Low risk of terrorist activity/attack
SECON 4 Bulletin COGCON 3 Broad, non-specific threat
SECON 3 Alert – elevated COGCON 2 Credible threat information, general
timing, target / predictable threat
SECON 2 Alert – Imminent COGCON 1 Credible, specific threat, impending /
imminent
SECON 1
Conditions have occurred that may affect
a DOE facility/site or an attack has been
initiated on the facility/site
3. SECON LEVELS. DOE has five SECON levels with SECON 5 being the lowest level of
readiness and SECON 1 the highest. The correlation between DOE SECON levels, DHS
NTAS, and COGCON are described in Table 1. If a site/facility obtains approval from
the Deputy Secretary to implement SECON level 4 or SECON level 5, status updates are
not required unless there is an occurrence that drives the SECON level back to SECON 3,
or higher.
The following are the SECON levels used by DOE to establish the current security
readiness state:
a. SECON 5, Low Condition. This condition is declared when there is a low risk of
terrorist activity, continuity conditions, environmental, and/or severe weather
conditions. SECON 5 exists when a minimal SECON concern exists but warrants
only a routine security posture.
b. SECON 4, Guarded Condition. This condition is declared when there is a general
risk of terrorist activity, continuity conditions, environmental, and/or severe
weather conditions. SECON 4 applies when there is a broad, non-specific threat
of a possible event, the nature and extent of which are unpredictable. All
measures selected for use under SECON 4 must be capable of being maintained
indefinitely.
c. SECON 3, Elevated Condition. SECON 3 is declared when there is a significant
risk of terrorist activity, continuity conditions, environmental, and/or severe
DOE O 470.4B Appendix A, Section 1, Chapter II
7-21-2011 II-3
weather conditions. SECON 3 applies when an increased and more predictable
threat against DOE facilities exists. The measures used in SECON 3 must be
capable of being maintained for lengthy periods without causing undue hardship,
affecting operational capability, or aggravating relations with the local
community.
d. SECON 2, High Condition. SECON 2 is declared when there is a high risk of
terrorist activity, continuity conditions, environmental, and/or severe weather
conditions. This condition may apply when an incident occurs or intelligence is
received indicating that some form of action against DOE personnel and facilities
is imminent. Implementation of measures in this security condition for more than
a short period will probably create hardship and affect the routine activities of the
facility/site and its personnel.
e. SECON 1, Severe Condition. This condition reflects a severe risk of terrorist
activity, continuity conditions environmental, and/or severe weather conditions.
SECON 1 applies in the immediate area where conditions have occurred that may
affect a DOE facility/site or when an attack is initiated on the facility/site.
Implementing SECON 1 will create hardship and affect the activities of the
location and its personnel. Normally, this condition will be declared as a localized
response.
Section 30
4. SECON RESPONSE PLANNING. Contractor and Federal cognizant security offices
must develop SECON response plans that can be immediately implemented when there is
a change in either the Department’s or a specific facility/site’s SECON status. The
SECON response plan should document the communication process implemented when a
change in SECON level (increase or decrease) has been approved. Each facility or site
must identify and document the specific measures that will most efficiently and
effectively implement the required increases in readiness at each SECON level.
Protection measures listed in Attachment 1 may be used to develop SECON response
plans. SECON response plan should be part of the approved security plan.
5. PERFORMANCE TESTING. The SECON implementation process must be evaluated.
Sites/facilities must determine performance metrics that assure SECON protection
measures can be immediately implemented. Performance measures should be captured in
the SECON response plan and/or performance assurance plan. This is especially true if
additional protective force (PF) patrols or barriers are included in the protection
measures.
6. PROTECTION MEASURES. The SECON response plan should include site-specific
protection measures such as those outlined in Attachment 1. Attachment 1 also includes
the NTAS levels associated with each SECON level.
When a new SECON level is implemented the SECON response plan should be reviewed
and updated as appropriate.
Appendix A, Section 1, Chapter II DOE O 470.4B
II-4 7-21-2011
7. COORDINATION. It is essential the SECON response plan, to include the barrier plan,
be coordinated with protective force, emergency management, key operations managers,
and other stakeholders. Not every measure in every SECON level needs to be
implemented. The SECON response plan is a site/facility dependent, event driven
security response tool and should be formulated to allow decision makers to use
flexibility in their actions. The key is to have a plan that can be used in conjunction with
emergency management tools such as Continuity of Operations and COGCON plans or
severe weather/catastrophic event response plans.
8. REFERENCES.
a. DOE O 151.1D, Comprehensive Emergency Management System, dated 08-11
2016.
b. DOE O 150.1A, Continuity Programs, dated 3-31-2014.
c. U.S. Department of Homeland Security, National Terrorism Advisory System,
https://www.dhs.gov/national-terrorism-advisory-system .
d. U.S. Department of Homeland Security, Federal Emergency Management,
National Continuity Policy Implementation Plan, August 2007.
https://www.fema.gov/guidance-directives
https://www.dhs.gov/national-terrorism-advisory-system
https://www.fema.gov/guidance-directives
DOE O 470.4B Appendix A, Section 1, Chapter II
7-21-2011 II-5
ATTACHMENT 1. SECON Suggested Protection Measures.
NTAS Levels SECON Suggested Protection Measures
Normal Conditions. SECON 5. Low condition.
Low risk of terrorist
activity/attack. 1. Normal operations. No special actions need be taken.
2. Conduct security operations in accordance with approved security plans.
3. Develop tools to communicate relevant information during each threat
condition to DOE personnel and operations.
4. Ensure DOE personnel receive training on NTAS site/facility-specific
protective measures.
5. Develop procedures and periodically train personnel to maintain ability
to respond to a hostage or duress situation.
6. Determine the potential the effect on the site/facility and evacuation
Section 31
strategies from damage from nearby hazardous facilities, dams and other
nearby sites/facilities and modify procedures and equipment, as
necessary.
7. Assess site/facility for vulnerabilities and take measures to reduce them.
Bulletin SECON 4. Guarded condition.
Broader or more general (A broad, non-specific threat of a possible event, the nature and extent of
trends and current which are unpredictable.)
developments regarding
threats of terrorism. 8. Warn affected DOE personnel.
9. Security plans should be implemented appropriate to the SECON level.
10. Normal operations can continue while security measures are adjusted to
address the anticipated threat.
11. Review contingency response procedures to include additional
strategies to address events involving an increased terrorist threat.
12. Review protective strategies, training, and deployment of responders
and security force personnel to strengthen response to protect against a
heightened threat of an attack.
13. Review emergency plan procedures for readiness and perform drills to
ensure DOE personnel are familiar with emergency plan duties.
14. Review the readiness and adequacy of systems and processes to
activate site emergency response orders, facilities, and equipment.
15. Review actions taken under “Elevated” and “High” Conditions and
consider the need to revise.
16. Review and consider enhancements to, integrated response plans with
local, State and Federal law enforcement agencies.
Alert – Elevated. Credible
terrorist threat, generally in
both timing and target.
SECON 3. Elevated Condition. Current SECON level. (There is an
increased and more predictable threat against DOE facilities.)
17. Brief site/facility management, as well as security personnel on the
changes to the threat environment.
18. Implement tools previously developed to warn affected DOE personnel
and operations.
19. Notify affected DOE personnel to terminate some or all mission
functions to allowthe site or facility to respond to the threat.
20. Communicate change in threat condition to State representatives, local
law enforcement agencies (LLEAs), and public officials (as
appropriate) based on existing site procedures.
21. Security plans (COOP, security incident response plans, etc.) should be
implemented appropriate to the SECON level.
22. Assess whether the threat requires further refinement of preplanned
protective measures.
Appendix A, Section 1, Chapter II DOE O 470.4B
II-6 7-21-2011
NTAS Levels SECON Suggested Protection Measures
23. Assess the need for additional patrols and security posts and
implement, if warranted.
24. Assess the need to deploy armed responders and security personnel in
excess of those required by the approved security plan to strengthen
response to the heightened threat of attack. Increase security force
personnel, as necessary.
25. Verify the operation of communications with the Federal Bureau of
Investigation, Federal Aviation Administration, Federal Emergency
Management Agency, or other Federal agencies.
26. Review procedures for interface between security, operations, fire
protection and emergency preparedness in light of the current threat
and modify, as appropriate.
27. Establish communications with additional fire and emergency medical
services departments in the region based on current threat information.
28. Verify communications between the site/facility and the LLEA in
accordance with contingency response strategies.
Section 32
29. Initiate the integrated response strategy for offsite support, including
LLEA, State agencies, and Federal resources, as appropriate.
30. Verify physical protection system operability, to include backup power
supplies.
31. Coordinate additional security resources with local and State agencies.
32. Increase defense-in-depth at access points through the addition of
movable barriers (e.g., parked vehicle, portable barriers, etc.).
33. Allow only vehicles on essential operational duties to enter security
areas.
34. Restrict access to the site/facility to essential personnel only.
35. Limit deliveries and hazardous material shipments and receipt.
Consider additional limits on access to hazardous material storage.
Consider additional limits on quantities of hazardous materials within
security areas.
36. Provide enhanced priority maintenance to activities related to fire-
protection and security-related items.
37. Escort all vehicles delivering hazardous materials while inside the
security area. Use armed security personnel, as appropriate.
38. Advise offsite fire and medical support to be prepared in the event of a
hostile-action causing personnel injury.
39. Limit access to site/facility website to those areas providing pertinent
situational information to DOE personnel. Ensure safeguards are in
place to protect against a cyber-attack.
40. Terminate all non-essential construction and maintenance activities.
41. Heighten awareness of members of site/facility emergency response
organization of advisory status and the potential need to respond.
42. Evaluate the current threat and consider shutting down site/facility
operations.
43. Secure buildings, rooms, and storage not in regular use.
44. Increase security inspection of packages.
45. Check all deliveries at mailrooms and shipping/receiving departments.
46. Periodically test emergency communications with command locations.
47. Monitor visitors.
48. Curtail special events and visitors.
49. Increase surveillance of critical locations.
50. Review actions taken under “High” Condition and consider the need to
revise.
DOE O 470.4B Appendix A, Section 1, Chapter II
7-21-2011 II-7
NTAS Levels SECON Suggested Protection Measures
51. Record each action taken and decision reached. Report these to the
Senior SECON Decision Team through the DOE Emergency
Operations Center.
52. Conduct an after-action review to capture how the current security and
contingency response plans addressed the threat and adjust the
protective measures, as appropriate.
Alert – Imminent.
(Credible, specific and
impending terrorist threat.)
SECON 2. High condition.
(A high risk of terrorist activity, continuity conditions, environmental, and/or
severe weather conditions.)
53. Suspend all Real ID Act 2005 non-compliant licenses and identification
that has secondary means of gaining entry until the implementation of a
lower SECON.
54. Warn affected DOE personnel and keep personnel informed.
55. Implement security plans appropriate to the SECON level.
56. Coordinate with appropriate Federal, State and local response agencies
to ascertain their ability to carry out rapid response of available assets.
57. Maintain open communications with LLEA, State and Federal agencies
to coordinate offsite emergency response actions and support. If the
site/facility is completely evacuated, reestablish communications, as
soon as practical from offsite.
58. Activate and staff emergency response facilities with key members of
the emergency response organization.
Section 33
59. Evacuate site/facility personnel, as appropriate. Ensure retention of
essential personnel.
60. Activate staffing plans to ensure safe operation of the site/facility with
minimum personnel necessary to enable effective response to an event.
61. If the site/facility does not have an emergency operations facility
offsite, establish and staff an alternative or backup response facility at
an offsite location and staff with key members of the emergency
response organization.
62. Declare at least a notification of alert in accordance with emergency
plan.
63. Request offsite support, including LLEA, State agencies, and Federal
resources, as appropriate.
64. As far as practical, initiate shut down of site/facility systems processing
bulk quantities of hazardous materials and maintain the site/facility in a
stable configuration.
65. Stop all shipments of hazardous materials.
66. Inspect all incoming packages at a centralized receiving point.
67. Establish random security checkpoints.
68. Cancel special events.
69. Perform a search on all entering vehicles and conduct random exiting
vehicle searches.
70. Limit entry and exit to a single point.
71. Conduct frequent inspections of exterior of buildings and parking areas
for suspicious items and activity.
72. Record each action taken and decision reached. Report these to the
Senior SECON Decision Team through the Emergency Operations
Center.
73. Conduct an after-action reviewto capture how the current security and
contingency response plans addressed the threat and adjust the
Appendix A, Section 1, Chapter II DOE O 470.4B
II-8 7-21-2011
NTAS Levels SECON Suggested Protection Measures
protective measures, as appropriate.
SECON 1. Severe Condition. (Severe condition exists when a malevolent
act or terrorist incident occurs.)
74. Warn affected DOE personnel and keep personnel informed.
75. All shipments are stopped.
76. Implement security plans appropriate to the SECON level.
77. Coordinate as appropriate with Federal, State and local officials.
78. Record each action taken and decision reached. Report these to the
Senior SECON Decision Team through the DOE Emergency
Operations Center.
79. Conduct an after-action review to capture how the current security and
contingency response plans addressed the threat and adjust the
protective measures, as appropriate.
DOE O 470.4B Appendix A, Section 1, Chapter III
7-21-2011 III-1
CHAPTER III. PERFORMANCE ASSURANCE
1. GENERAL. An acceptable level of performance must be established and maintained to
ensure that all elements of a facility/site protection program are workable and function as
designed and in accordance with the overall protection goals established by local
facility/site management. A performance assurance program must be developed that
identifies the essential elements of the protection program and establishes monitoring and
testing activities with sufficient rigor to ensure that the program elements are at all times
operational, functioning as intended, and interacting in such a way as to identify and
preclude the occurrence of adverse activity before security is irreversiblycompromised.
The intent of the performance assurance program is not to duplicate monitoring and
testing activities conducted under ongoing quality assurance and S&S operations, but to
include them in a comprehensive approach to assuring system effectiveness.
Implementation activities and schedules for performance assurance plans must be
included in the facility or site security plan.
Section 34
2. APPLICABILITY. All facilities/sites with assets requiring a facility security clearance
must conduct performance assurance activities. These activities must be tailored to the
assets at the location and the elements that compose the total system in place at the
location. At all locations, testing will include at a minimum the following:
a. Operability tests to confirm, without any indication of effectiveness, that a system
element or total system is operating as expected; and
b. Effectiveness tests to provide assurance that essential elements of the system are
working as expected, separately or in coordination, to meet protection program
objectives.
3. PERFORMANCE ASSURANCE PLANNING. Facilities and sites must implement and
maintain a program that ensures that essential elements used to protect DOE S&S
interests meet established requirements for reliability, operability, readiness, and
performance prior to and during operational use. The assurance plan must:
a. Encompass all S&S topical areas relating to Program Management Operations,
Physical Protection, Protective Force, Information Security, Personnel Security,
and Materials Control and Accountability that are relevant to protection of assets
at the facility/site;
b. Identify the essential elements relevant to protection of assets at the facility/site;
c. Describe how essential elements relevant to the protection of assets were
determined;
d. Describe how each essential element and the facility/site security program as a
whole will be tested, including type of test, evaluation criteria (test objectives and
Appendix A, Section 1, Chapter III DOE O 470.4B
III-2 7-21-2011
performance criteria that define both success and failure), frequency, and number
of tests;
e. Establish the testing schedule for essential elements and note whether any testing
requirements established in other applicable DOE directives are to be integrated
with this schedule;
f. Describe the process for managing, tracking, and integrating results and
addressing any deficiencies identified during the tests; and
g. Describe actions that must be initiated in the event of a failure of any essential
element or the program as a whole.
4. TEST SCHEDULES.
a. Essential elements must be periodicallytested to verify their continued
functionality, operability, effectiveness, and/or performance. Testing frequency
may be based as applicable on manufacturer’s recommendations, consensus
standards, facility-/site-specific conditions and operational needs, or other criteria
that will ensure program effectiveness. Testing of elements that are not prone to
failure and that are not subject to compromise without noticeable tampering, such
as walls and fences, is not required as long as it can be documented that tampering
with such elements would be detected in time to prevent compromise of overall
protection.
b. In addition to the testing of essential elements, at least once every 12 months, a
comprehensive facility or site threat scenario test must be performed at
facilities/sites with Category I special nuclear material (SNM); with identified
credible radiological, biological, or chemical sabotage targets; or that have been
identified as critical national security facilities/assets to demonstrate overall
facility/site S&S system effectiveness. Comprehensive threat scenarios must be
consistent with DOE O 470.3C, Design Basis Threat (DBT) Order.
Section 35
c. Facilities/sites with denial protection strategies must conduct, in addition to the
tests noted above, protective force exercises quarterly with a rotational schedule
for multiple facilities requiring denial protection strategies. One of these quarterly
tests may be combined with the annual comprehensive threat scenario test.
5. RESULTS ANALYSIS AND DOCUMENTATION. Each test must be documented in a
test report that includes a narrative description of the testing activity and an analysis of
test results. Issues requiring corrective action must be documented and tracked until
resolved. When unsatisfactory results of a test indicate that national security and/or the
health and safety of facility/site employees or the public is jeopardized, immediate
compensatory measures must be taken until the issue is resolved and normal reporting
procedures must be followed.
DOE O 470.4B Appendix A, Section 1, Chapter III
7-21-2011 III-3 (and III-4)
6. SYSTEM DEGRADATION. When an essential element is under repair or is in an
inoperative or ineffective state, the overall S&S program must be considered to be in a
degraded mode until testing confirms that all applicable elements have returned to full
operability. The facility or site must implement compensatory measures during such
degraded modes adequate to ensure that protection of assets is maintained.
7. REVIEWS AND UPDATES. Performance assurance plans must be reviewed and
updated when essential elements are affected due to:
a. Changes in facility/site mission, programmatic activities, or S&S interests and/or
assets;
b. Changes in the operation or physical configuration of a facility or site, such as a
building addition; new work processes or systems; construction of fences, roads,
buildings, etc.; demolition of buildings; or reconfigurations of fences, roads, etc.;
c. Completion of S&S upgrades or downgrades;
d. Changes in protection strategy, risk or vulnerability analysis, protective force
deployment, or other significant revisions to the applicable security plan; or
e. Changes in S&S policies, including DOE Order 470.3B, Design Basis Threat
(DBT) Order.
DOE O 470.4B Appendix A, Section 2
7-21-2011 2-1
SECTION 2. SURVEY, REVIEW, AND SELF-ASSESSMENT PROGRAMS
1. OBJECTIVE.
a. Provide assurance to the Secretary, Departmental Elements, and other government
agencies that S&S interests and activities are protected at the required levels.
b. Provide DOE line management with the information necessary to make informed
decisions regarding the allocation of resources, acceptance of risk, and mitigation
of S&S vulnerabilities.
2. PURPOSE. Surveys, self-assessments, and review programs are conducted to ensure that
S&S systems and processes at facilities/sites are operating in compliance with
Departmental and national-level policies, requirements, and standards for the protection
of security assets and interests. These programs provide the means for timely
identification and correction of deficiencies and noncompliant conditions to prevent
adverse events, and validate the effectiveness of corrective actions implemented to
address identified deficiencies.
3. DEFINITIONS.
a. Safeguards and Security Survey. An integrated performance and compliance
based evaluation of all applicable topics to determine the overall status of the
S&S program at a facility or site and to ensure that S&S systems and processes at
the location are operating in compliance with Departmental and national-level
policies, requirements, and standards. Surveys are conducted or supervised by
Federal security personnel.
Section 36
b. Initial Survey. A comprehensive review of the security status at a facility that is a
candidate for an FCL, conducted to determine whether the facility in question
meets established standards for the protection of the security interests and
activities to be covered by the FCL.
c. Periodic Survey. A survey conducted for all cleared facilities in accordance with
established schedules that covers all applicable topics to meet the objectives of the
S&S survey.
d. Termination Survey. A survey of a cleared facility conducted to verify the
termination of Departmental activities and the appropriate disposition of S&S
interests at that facility. The termination survey confirms that all S&S activities
have been terminated or awarded to another contractor, that access authorizations
have been properly terminated or dispositioned, and that no DOE property,
classified information or matter, and nuclear and other hazardous material
presenting a potential radiological or toxicological sabotage threat remains.
Appendix A, Section 2 DOE O 470.4B
2-2 7-21-2011
e. Self-Assessment. An internal integrated evaluation of all applicable S&S topical
areas at a contractor facility or site, conducted by contractor security personnel at
intervals consistent with risk management principles, to determine the overall
status of the S&S program at that location and verify that S&S objectives are met.
The DOE cognizant security office may direct a specific self-assessment interval
and may direct that self-assessment reports be provided to DOE.
f. Finding. A factual statement of identified issues and deficiencies (failure to meet
a documented legal, regulatory, performance, compliance, or other applicable
requirement) in the S&S program at a facility, resulting from an inspection,
survey, self-assessment, or any other S&S review activity.
4. REFERENCES.
a. E.O. 13526, Classified National Security Information, dated 12-29-09.
b. E.O. 12829, National Industrial Security Program, dated 01-26-93.
c. DoD 5220.22-R, Industrial Security Regulation, dated December 1985
d. DoD 5220.22-M, National Industrial Security Program Operating Manual
(NISPOM), dated 05-18-16
e. DoD Defense Security Service (DSS) Industrial Security Letters (ISLs), available
at http://www.dss.mil/isp/fac_clear/download_nispom.html (Note: ISLs do not
automatically impose requirements on DOE, but may contain useful clarifications
of existing NISPOM provisions.).
f. 10 CFR Part 1016, Safeguarding of Restricted Data, 01-01-16 Edition
g. 10 CFR Part 824, Procedural Rules for the Assessment of Civil Penalties for
Classified Information Security Violations, dated 02-23-2005
h. 32 CFR Part 2001, Classified National Security Information, dated 10-13-99
i. 48 CFR Chapter 9, Department of Energy Acquisition Regulation, dated 07-22-09
j. DOE P 226.1B, Department of Energy Oversight Policy, dated 4-25-11.
k. DOE O 226.1B, Implementation of Department of Energy Oversight Policy, dated
4-25-11.
l. DOE O 475.1, Counterintelligence Program, dated 12-10-04.
m. DOE-STD-1217-2016, The Safeguards and Security Survey and Self-Assessment
Planning, Conduct, and Reporting Technical Standard, dated February 2016.
http://www.dss.mil/isp/fac_clear/download_nispom.html
DOE O 470.4B Appendix A, Section 2
7-21-2011 2-3
Section 37
5. REQUIREMENTS. DOE cognizant security offices, as designated by the Program
Secretarial Office, or for NNSA, the Office of the Administrator through the Chief,
Defense Nuclear Security, are responsible for ensuring that the following activities are
accomplished for the surveys and self-assessments program for facilities and sites under
their cognizance and for ensuring that contractors under their cognizance accomplish
their responsibilities under this program at contractor facilities. Procedures applicable to
the surveys and self-assessments program must be documented in facility or site security
plans. Identified interfaces and integration with the contractor assurance system must also
be documented in facility or site security plans.
a. Establish and maintain a schedule for conducting surveys in accordance with
applicable national and DOE policy standards.
b. Ensure that surveys are conducted as scheduled and/or as required for security
activities such as the granting or termination of an FCL.
c. Ensure that contractors issued an FCL review their security programs on a
continuing basis and conduct formal self-assessments at intervals consistent with
risk management principles.
d. Ensure that contractors under their cognizance prepare formal reports of self-
assessments and related findings and corrective actions.
e. Advise contractors under their cognizance of the appropriateness of the self-
assessment and its expected coverage and use.
f. Provide an evaluation of contractor self-assessment processes and recommend
changes as necessary to ensure that DOE objectives are met.
g. Ensure that both surveys and contractor self-assessments evaluate all S&S topics
relating to Program Management Operations, Physical Protection, Protective
Force, Information Security, Personnel Security, and Materials Control and
Accountability that are applicable at the facility/site being surveyed.
h. Ensure that all findings identified during surveys and self-assessments are tracked
until the issues are resolved.
i. Ensure that the results of surveys are reported in the DOE Safeguards and
Security Information Management System (SSIMS).
j. Ensure that corrective actions for issues identified in surveys and self-assessments
are implemented in a timely and effective manner, and validate the effectiveness
of corrective actions to prevent recurrence of the issues.
6. SURVEYS. Surveys are conducted to confirm that a Federal or contractor facility meets
all security requirements appropriate to the activities conducted at that facility, to inform
Federal line management of the effectiveness of the facility security program, to identify
Appendix A, Section 2 DOE O 470.4B
2-4 7-21-2011
any issues or concerns with the security program so that these can be addressed and
corrected, and to allow both contractor and Federal managers to manage risk in an
informed and rational manner.
a. Initial Surveys. A favorable survey is required as one of the conditions for
granting a facility security clearance. This initial survey must be completed not
more than 6 months prior to the granting of the FCL if the facility will possess
classified information or matter or SNM, or will have a facility importance rating
of “PP”.
Section 38
b. Periodic Surveys. Periodic surveys must be conducted for all cleared facilities to
ensure that S&S measures employed by the facility are adequate for the protection
of security assets and interests. The National Industrial Security Program specifies
that surveys of contractor facilities will be conducted not more often than once
every 12 months unless special circumstances exist. 32 CFR Part 2001.60
establishes a requirement for an annual survey specifically for the assessment of
activities related to classified information. At the discretion of the DOE cognizant
security office, other topics may be combined with this requirement to meet the
periodic survey requirement. For facilities which do not have classified interests
or SNM, the frequency of the periodic survey may be established consistent with
risk management principles and documented in the applicable security plan with a
description of the reasons for the schedule (e.g., good performance on past
surveys and self-assessments, regular satisfactory performance assurance testing,
non-possessing facilities, etc.).
c. Termination Surveys. When a contract for which an FCL has been granted is
terminated or otherwise ended (e.g., suspended), a termination survey must be
conducted to verify the termination of security activities and the appropriate
disposition of S&S interests. Examples of survey activities include: the
appropriate disposition, destruction, or return of classified information or matter,
SNM, hazardous material, or property; the signing of a certificate of possession if
classified is to be retained by the contractor for the allowable period; security
badge retrieval; verification of debriefings or verification of the transfer of access
authorizations to other DOE interests. Surveys must be conducted onsite at
facilities possessing Top Secret classified information or matter, Restricted Data,
Sensitive Compartmented Information or special access program information or
matter, or SNM. For all other facilities, termination surveys may be conducted
either onsite or through any other means established by the cognizant security
office.
7. SELF-ASSESSMENTS. Self-assessments are conducted by contractors at their facilities
to ensure that at any point the facility is in compliance with all security requirements
appropriate to the activities, information, and conditions at the location. Assessments are
conducted at intervals consistent with risk management principles and/or as directed by
the DOE cognizant security office, and reports are provided to that office. Federal
facilities are required to conduct self-assessments under this Order; however, if a survey
DOE O 470.4B Appendix A, Section 2
7-21-2011 2-5
was conducted, it may be used in lieu of a self-assessment as long as it satisfies the
requirements of a self-assessment under this Order.
8. REPORTS AND RATINGS. For each rated area, the survey report must contain a
description of each element reviewed, how the review was conducted including any
samples and tests used in the evaluation, a summary of the observations made, and an
analysis of the results that support the ratings awarded. Ratings must be based upon the
effectiveness and adequacy of the security programs at the subject facility. The ratings
listed below must be used for all surveys, self-assessments, and reviews. When a topic
does not apply at a given facility, or if a topic is not rated, the survey report must contain
this information. All ratings must be supported and documented with the rating
justification and rationale.
Section 39
a. Satisfactory. The element being evaluated meets protection objectives or provides
reasonable assurance that protection objectives are being met.
b. Marginal. The element being evaluated partially meets protection objectives or
provides questionable assurance that protection objectives are being met.
c. Unsatisfactory. The element being evaluated does not meet protection objectives
or does not provide adequate assurance that protection objectives are being met.
9. FINDINGS AND CORRECTIVE ACTIONS.
a. All open S&S findings from any source (previous surveys and assessments;
inspections, reviews, and reports by other organizations such as the Government
Accountability Office or the Office of the Inspector General; etc.) must be
reviewed during surveys to validate the status of corrective actions and to evaluate
the impact on the current operation of the facility’s S&S program. Findings closed
during the survey period must be reviewed for sustainability of the closing action.
b. Findings from all surveys must be documented in the associated report and
entered into SSIMS in accordance with guidelines issued by the SSIMS database
manager. Findings must be tracked until closed and monitored on an established
schedule to ensure that corrective action plans to address the issue are being
implemented in a timely and effective manner. Trending assessment activities
based on findings must be conducted to establish if findings represent an isolated
issue or a systemic problem with a specific topical element or with the S&S
program as a whole.
c. Corrective action plans must be developed for all open survey findings. For all
identified findings, corrective actions must be implemented in a timely and
effective manner. The effectiveness of corrective actions must be validated during
subsequent surveys to ensure that the action taken has been sufficient to prevent
recurrence of the issue that resulted in the finding. Corrective actions must be
Appendix A, Section 2 DOE O 470.4B
2-6 7-21-2011
reported in SSIMS and the current status of the action must be reported in SSIMS
until the associated finding is closed.
10. DOCUMENTATION. Reports of surveys, self-assessments, and review activities must
be maintained in accordance with DOE Administrative Records Schedule 18, paragraphs
9 and 10.
DOE O 470.4B Appendix B
7-21-2011 B-1 (and B-2)
APPENDIX B. SAFEGUARDS AND SECURITY
PROGRAM MANAGEMENT OPERATIONS
This appendix establishes the U.S. Department of Energy (DOE) requirements for conducting
management activities connected with the operation of cleared facilities within the DOE
complex. Section 1 addresses obtaining a facility clearance (FCL) and establishing the
safeguards and security (S&S) activities connected with that facility. Section 2 covers the foreign
ownership, control, or influence determinations that are necessary to establish and maintain a
facility clearance. Section 3 covers security awareness activities, including required personnel
briefings. Section 4 addresses the handling of classified visits to and from DOE facilities,
including foreign classified visits. Section 5 deals with S&S training to be provided for
employees at cleared facilities. Section 6 covers restrictions imposed on the transfer of security
funded technologies outside the United States.
DOE O 470.4B Appendix B, Section 1
7-21-2011 1-1
SECTION 1. FACILITY CLEARANCES AND REGISTRATION OF
SAFEGUARDS AND SECURITY ACTIVITIES
Section 40
1. OBJECTIVE. To ensure that DOE, DOE contractor, and other (Federal) government
agency (OGA) facilities and their contractors engaged in DOE activities are eligible for
access to, and meet the requirements to possess and secure, classified information or
matter or special nuclear material (SNM); and, as applicable, to protect other assets and
conduct other security activities on behalf of DOE.
2. PURPOSE. The FCL program regulates DOE approval of a Federal or contractor
facility’s eligibility to access, receive, generate, reproduce, store, transmit, or destroy
classified information or matter; SNM; other hazardous material presenting a potential
radiological, chemical, or biological sabotage threat; and/or DOE property of significant
monetary value, exclusive of facilities and land values (hereinafter referred to as security
assets and activities). DoD 5220.22-M, National Industrial Security Program Operating
Manual (NISPOM), serves as a national standard to establish the baseline requirements
for contractor FCLs when contractors are engaged in activities requiring the protection of
national security information classified at the Confidential, Secret, or Top Secret level.
The NISPOM requirements are incorporated in this directive and are supplemented with
requirements for the protection of DOE-specific assets, Restricted Data, SNM, and other
security activities not covered by the NISPOM.
3. FACILITY DEFINITION. For purposes of granting and registering an FCL code under
this program, an entity (contractor or Federal) and its classified or high value security
activities will be registered with one FCL code if the following criteria are met:
a. A centrally directed security program is maintained that covers all security
activities (i.e., under the same name, single mailing address, single security plan
applicable at all locations, and all security matters under single management
control).
b. The distance between the security activities is such that the contractor or Federal
entity is able to maintain daily supervision of its operations, including day-to-day
observations of the security program.
4. REFERENCES.
a. E.O. 12829, National Industrial Security Program, dated 01-26-93.
b. E.O. 13549, Classified National Security Information Program for State, Local,
Tribal, and Private Sector Entities, dated 8-18-10.
c. 42 U.S.C. Sections 2011 through 2296, Atomic Energy Act of 1954.
d. 32 CFR Part 2001, Classified National Security Information, dated 10-13-99
Appendix B, Section 1 DOE O 470.4B
1-2 7-21-2011
e. 32 CFR Part 2004, National Industrial Security Program Directive No. 1, dated
05-10-06
f. 10 CFR Part 1016, Safeguarding of Restricted Data, 01-01-16 Edition
g. 10 CFR Part 1045, Nuclear Classification and Declassification, dated January
2009
h. DoD 5220.22-R, Industrial Security Regulation, dated December 1985
i. DoD 5220.22-M, National Industrial Security Program Operating Manual
(NISPOM), dated 05-18-16
j. DoD Defense Security Service (DSS) Industrial Security Letters (ISLs), available
at http://www.dss.mil/isp/fac_clear/download_nispom.html (Note: ISLs do not
automatically impose requirements on DOE, but may contain useful clarifications
of existing NISPOM provisions.)
k. Directive-Type Memoranda (DTM) issued by the Office of the Under Secretary
of Defense, available at http://www.dtic.mil/whs/directives/corres/dir3.html.
Note: DTMs, which may be issued periodicallyon a variety of topics, do not
automatically impose requirements on DOE, but may contain useful information
applicable to existing NISP programs.
Section 41
l. 10 U.S.C. Section 2536, Award of certain contracts to entities controlled by a
foreign government: prohibition, dated 09-23-1996
m. 48 CFR Chapter 9, Department of Energy Acquisition Regulation, dated 12-29-10
n. DOE O 475.2B, Identifying Classified Information, dated 10-3-14.
5. REQUIREMENTS. DOE cognizant security offices, as designated by the Program
Secretarial Office, or for NNSA, the Office of the Administrator through the Chief,
Defense Nuclear Security, are responsible for ensuring that the following activities are
accomplished for the FCL program for facilities and sites under their cognizance and for
ensuring that contractors under their cognizance accomplish their responsibilities under
this program at contractor facilities. Procedures applicable to the FCL program must be
documented in facility or site security plans.
a. Establish and maintain FCLs by registering, updating, suspending, reinstating,
and terminating FCLs and related security activities under their cognizance in
accordance with the requirements contained in this Order.
b. Ensure that organizations seeking FCLs meet all the eligibility requirements
applicable to the type of organization prior to being processed for an FCL.
http://www.dss.mil/isp/fac_clear/download_nispom.html
http://www.dtic.mil/whs/directives/corres/dir3.html
DOE O 470.4B Appendix B, Section 1
7-21-2011 1-3
c. Ensure that all items required by the DEAR as the basis for approval of a
contractor FCL have been completed and favorably adjudicated/approved prior to
granting the final FCL.
d. Ensure that accurate facility importance ratings are assigned and that ratings are
updated as necessary to reflect changes in security activities.
e. Establish and apply procedures to ensure that coordination is accomplished
between the FCL and Foreign Ownership, Control, or Influence (FOCI) programs
for all contractor FCLs.
f. Determine on a case-by-case basis the necessity for branch offices of a multiple-
facility organization to be cleared, based upon the performance of security
activities.
g. Determine the necessity for the corporate tier parent in a parent-subsidiary
relationship to be excluded or cleared as a possessing or non-possessing facility.
h. Ensure that prime contractors have appropriately implemented provisions
pertaining to subcontractors and that all subcontractors are processed for FCLs
when required and terminated or transferred to the cognizance of a new
management and operations contractor as appropriate.
i. Ensure that all key management personnel (KMP) are properly identified,
processed for, and granted access authorizations at the appropriate level or are
formally excluded from access, duties, and influence that would otherwise cause
them to be identified as KMP prior to granting a final FCL.
j. Ensure that procedures are in place to verify changes in an organization’s KMP as
they occur and that access authorizations are immediately processed for new
KMP.
k. Receive and evaluate contractor reports of changes that may impact the FCL, and
take any necessary action to suspend or terminate the FCL if such action is
warranted.
l. Notify the appropriate DOE contracting officer, the contractor, and/or the Federal
entity applying for or holding an FCL in writing of the level of FCL granted.
Section 42
m. In conjunction with the responsible surveying offices, as identified by DOE
Federal management, ensure that the S&S Information Management System
(SSIMS) database accurately reflects established facilities, security assets, and
activities under their jurisdiction; ensure that updates and changes to such
information are recorded in SSIMS immediately; and ensure that accurate forms
are submitted for this purpose.
Appendix B, Section 1 DOE O 470.4B
1-4 7-21-2011
n. When a contract ends and/or an FCL is no longer necessary, complete a
termination survey and ensure that appropriate forms are submitted and SSIMS is
updated to enact the termination.
o. Ensure that upon termination of a contract, all security clearances (access
authorizations) connected to the FCL are terminated and all DOE property;
classified information; and/or nuclear and other hazardous material presenting a
potential radiological, chemical or biological sabotage threat is appropriately
reallocated, disposed of, destroyed, or returned to an appropriate DOE or cleared
DOE contractor organization.
DOE O 470.4B Appendix B, Section 1, Chapter I
7-21-2011 I-1
CHAPTER I. FACILITY CLEARANCE PROGRAM
1. GENERAL.
a. Facilities Eligible for the FCL Program.
(1) An industrial, educational, commercial, or other contractor entity will
require an FCL if the terms of a contract awarded under the DEAR include
the security activities described in paragraph 2 of Section 1 above. A
contractor requiring an FCL must be sponsored by:
(a) a Government Contracting Activity (GCA; i.e., a contracting
officer); or
(b) a cleared contractor acting as the prime contractor for an uncleared
subcontractor. A contractor cannot sponsor itself for an FCL.
(2) OGAs may be registered as having a DOE FCL when a mission or
programmatic need for such an action has been established by DOE line
management. Verification of the clearance and security capability of an
OGA must be based on a written statement of security assurance from that
agency submitted to the DOE cognizant security office. State, local, tribal,
and other similar governmental authorities do not have authority to self-
certify clearance and security capability for handling classified
information; therefore, they must not be registered as OGAs. These
entities must be handled in accordance with E.O. 13549, Classified
National Security Information Program for State, Local, Tribal, and
Private Sector Entities, and its implementing directives.
DOE Federal facilities are registered with a facility code under the FCL program
and are subject to survey requirements.
b. In accordance with the DEAR, section 952.204-2(l), FCLs are required for
subcontractors requiring personnel security clearances. The prime contractor is
responsible for implementation of the provisions of DoD 5220.22-M, National
Industrial Security Program Operating Manual (NISPOM) (Chapter 7,
“Subcontracting”), all DOE security requirements for their subcontractors, and for
termination of the subcontracts upon completion of activities. Prime contractors
must ensure that all subcontracts are terminated if the prime contract is
terminated, or for management and operations subcontracts, transferred to the
cognizance of the new management and operations contractor as appropriate.
c. All company officials who occupy positions with the authority to affect the
organization’s policies or practices in security activities conducted under the
contract, as determined by the DOE cognizant security office, must be designated
as KMP. As a minimum, KMP must include the senior management official
Section 43
Appendix B, Section 1, Chapter I DOE O 470.4B
I-2 7-21-2011
responsible for all aspects of contract performance and the designated facility
security officer (FSO). KMP must possess final active security clearances in order
for a contractor to be eligible for a final FCL involving classified information or
matter, or SNM. Interim security clearances may be granted to KMP once their
background investigations are in process and appropriate additional checks as
required in DOE O 472.2, Personnel Security, change 1, have been conducted.
Until all investigative requirements have been completed and final security
clearances have been granted to the designated KMP, only an interim facility
clearance can be granted.
d. In accordance with the DEAR, section 952.204-73(e), a contractor that will not
possess or handle classified information or matter, or SNM, at the contractor’s
place of business but will require DOE personnel security clearances for the
contractor’s employees to perform work at other cleared facilities must be
processed for an FCL as a non-possessing facility. Employees of a non-possessing
contractor must adhere to the security plans of the facilities where they are
afforded access to classified information or matter, or SNM.
e. A self-employed individual not doing business as a company, or a consultant who
will not retain classified information or matter at his/her place of business, does
not require an FCL provided the individual or consultant is the sole employee
requiring a security clearance. For security administration activities, to include
processing for a personnel security clearance, the individual will be considered an
employee of the possessing facility where he/she is afforded access to classified
information or matter. These individuals are required to complete the same
security awareness briefings and requirements as other cleared employees. A self-
employed individual or consultant who will retain classified information or matter
at their place of business must be processed for and granted an FCL that applies to
the premises where the individual or consultant will store, handle, or process
classified information or matter.
f. For Multiple Facility Organizations (MFOs), the home office facility must have
an FCL at the same or higher level as that of any cleared facility within the MFO.
g. In a corporate tier parent-subsidiary relationship, the parent and each of its
subsidiaries are separate legal entities and must be processed separately for an
FCL. Because the parent controls the subsidiary, the general rule in the U.S.
Government is that the parent must have an FCL at the same or higher level as
that of the subsidiary. However, DOE will determine the necessity for the parent
to be cleared or excluded from access. DOE will advise the companies as to what
action is necessary for processing the FCL. When a parent or its cleared
subsidiaries are collocated, a formal written agreement to use common security
services may be executed by the two firms, subject to DOE approval.
DOE O 470.4B Appendix B, Section 1, Chapter I
7-21-2011 I-3 (and I-4)
h. A contractor granted an FCL by an OGA may be granted a DOE FCL for
receiving, processing, using, or storing classified information or matter under a
DOE contract at the same clearance level, based on reciprocity.
2. ELIGIBILITY REQUIREMENTS. The following eligibility requirements must be met
prior to being processed for an FCL.
a. A contractor or prospective contractor must:
Section 44
(1) Be selected to perform tasks under a contract containing the DEAR
security clauses found at 48 CFR Part 952;
(2) Be organized under the laws of one of the 50 States, the District of
Columbia, or Puerto Rico and must be located in the United States or a
U.S. territorial area or possession;
(3) Have a reputation for integrity and lawful conduct in its business dealings;
(4) Not have been barred from participating in U.S. Government contracts
(this includes KMP on the contract); and
(5) Not be under FOCI to a degree that the granting or continuation of the
FCL would be inconsistent with the national interest.
b. An OGA must:
(1) (1) Have a documented need for an FCL as established in writing by
DOE line management;
(2) (2) Submit a written statement of security assurance to the DOE
cognizant security office, verifying the security capability of the agency as
it applies to the DOE activity; and
(3) (3) When Restricted Data (RD) or Formerly Restricted Data (FRD) is
involved, include in the written statement of security assurance procedures
to limit the manner in which the RD or FRD is to be disseminated and
ensure that appropriate clearances for access to RD or FRD are in place.
c. For DOE facilities, cognizant security offices for DOE Federal activities must
establish and document a security plan describing an adequate level of protection
for DOE security interests.
DOE O 470.4B Appendix B, Section 1, Chapter II
7-21-2011 II-1
CHAPTER II. IMPORTANCE RATINGS
1. FACILITY IMPORTANCE RATINGS. Importance ratings are used to establish a risk-
based system for identifying the level of protection applicable to security assets and
activities of facilities. Each facility granted an FCL must be assigned an importance
rating. Each facility’s assigned importance rating must be recorded on DOE F 470.2,
Facility Data and Approval Record (FDAR). Importance rating criteria are as follows.
a. “A” Importance Ratings. An “A” importance rating must be assigned to those
facilities that meet any of the following criteria:
(1) Engaged in administrative activities considered essential to the direction
and continuity of the overall DOE nuclear weapons program, as
determined by the Program Secretarial Office or for NNSA, the Office of
the Administrator;
(2) Authorized to possess Top Secret RD/FRD or Top Secret national security
information, or possess Special Access Program (SAP) matter, or
designated as Field Intelligence Elements;
(3) Authorized to possess Category I quantities of SNM (including facilities
with credible rollup quantities of SNM to a Category I quantity); or
(4) Operate critical infrastructure programs determined to be essential by
DOE line management.
b. “B” Importance Ratings. A “B” importance rating must be assigned to those
facilities that meet any of the following criteria:
(1) Engaged in activities other than those categorized as “A” and authorized
to possess Secret RD and/or weapon data matter;
(2) Authorized to possess Category II quantities of SNM; or
(3) Authorized to possess certain categories of biological agents.
c. “C” Importance Ratings. A “C” importance rating must be assigned to those
facilities that meet any of the following criteria:
(1) Authorized to possess Categories III and IV quantities of SNM or other
nuclear materials requiring safeguards controls or special accounting
procedures; or
(2) Authorized to possess classified information or matter other than the type
categorized for “A” and “B” facilities.
Section 45
Appendix B, Section 1, Chapter II DOE O 470.4B
II-2 7-21-2011
d. “D” Importance Ratings. A “D” importance rating must be assigned to those
facilities that provide common carrier, commercial carrier, or mail service and are
not authorized to store classified information or matter, or nuclear material during
non-working hours. (Carriers who store classified information or matter, or
nuclear material must be assigned an “A,” “B,” or “C” importance rating.)
e. “E” (Excluded Parent) Importance Ratings. An “E” importance rating must be
assigned to a corporate tier parent of a contractor organization when the parent
has been barred from participation in the activities related to a contract with DOE.
f. “PP” (Property Protection) Importance Ratings. A “PP” importance rating must
be assigned to those facilities that meet any of the following criteria:
(1) Government property of a significant monetary value (suggested threshold
of $5 million);
(2) Nuclear materials requiring safeguards controls or special accounting
procedures other than those categorized as types “A,” “B,” or “C”;
(3) Responsibility for DOE program continuity;
(4) National security considerations; or
(5) Responsibilities for protection of the health and safety of the public and
employees.
g. “NP” (Non-Possessing) Importance Ratings. An “NP” rating must be assigned to
those facilities whose staff have authorized access to classified information or
matter, or SNM at other approved locations, but which do not themselves possess
any classified information or matter, or SNM, or meet any of the other criteria
listed for the other ratings above.
2. UPGRADING AND DOWNGRADING A FACILITY’S ASSIGNED IMPORTANCE
RATING. As security activities are added or changed, the importance rating of the
approved facility may change (i.e., it may be either upgraded or downgraded). Upgrading
or downgrading a facility’s importance rating may also require transfer of the DOE
cognizant security office functions. Changes to the facility importance rating must be
registered in SSIMS by the submission of DOE F 470.2, Facility Data and Approval
Record (FDAR).
DOE O 470.4B Appendix B, Section 1, Chapter III
7-21-2011 III-1
CHAPTER III. FACILITY CLEARANCE APPROVAL REQUIREMENTS
1. ISSUANCE OF FCLs. All eligibility requirements listed below must be satisfied prior to
the issuance of an FCL. The DEAR prohibits the award of a classified contract until an
FCL has been granted and issued. When an existing unclassified contract is modified to
require classified work, the contract modification cannot take effect until an FCL is
issued and the appropriate DEAR security clause is inserted in the contract.
2. CONTRACTOR FACILITIES. In accordance with the provisions of the DEAR, approval
of a contractor final FCL must be based on the following items:
a. A favorable FOCI determination based upon all information available to the
cognizant security office including information on Standard Form (SF) 328 and
any required supporting documentation;
b. A contract or proposed contract containing the appropriate security clauses found
in the DEAR;
c. S&S plans, developed in accordance with DOE policy in Attachment 2 of this
Order, that describe protective measures appropriate to the activities being
performed at the facility and approved by the DOE cognizant security office;
d. If access to nuclear material is involved, an established Reporting Identification
Symbol code for the Nuclear Materials Management and Safeguards Reporting
System (NMMSS);
Section 46
e. A comprehensive survey conducted no more than 6 months before the FCL
approval date with a composite facility rating of satisfactory, if the facility will
possess classified information or special nuclear material at its location or if the
facility has an importance rating of “PP”;
f. Appointment of an FSO, who must possess or be in the process of obtaining an
access authorization (security clearance) equivalent to the level of the facility
clearance (note that only an interim FCL can be granted until the FSO’s access
authorization is finalized);
g. If applicable, appointment of a Materials Control and Accountability
Representative; and
h. Access authorizations for KMP who will be determined on a case-by-case basis
and must possess or be in the process of obtaining final access authorizations
equivalent to the level of the facility clearance. (NOTE: until the required KMP
access authorizations are finalized, only an interim FCL can be granted. In
support of an interim FCL, KMP who do not possess clearances must be granted
interim access authorizations.)
Appendix B, Section 1, Chapter III DOE O 470.4B
III-2 7-21-2011
3. FACILITY CLEARANCES FOR OGAs. Federal government facilities are eligible to be
registered with a DOE FCL if the OGA is involved in activities that impact DOE security
interests such as possession and/or storage of RD or other mission or programmatic needs
as identified and documented by DOE line management. Approval of an OGA FCL must
be based upon a written statement of security assurance from the OGA that protection of
DOE security interests is adequately ensured. The statement of security interest must
include the following information:
a. An approved classified mailing address for the facility;
b. The highest level and most restrictive category of classified information the
facility is authorized to receive and store;
c. A statement that national security classified information will be afforded
protection according to E.O. 13526, Classified National Security Information, and
all implementing directives issued by the Information Security Oversight Office
(ISOO), to include the requirements of 32 CFR Part 2001, Classified National
Security Information;
d. A statement that the requirements of 10 CFR Part 1045, Nuclear Classification
and Declassification, will be met for RD and FRD; and
e. Assurance that the requirements of the Atomic Energy Act, including the
mandatory access authorization requirements, will be met for access to RD and
FRD.
4. RECORDS. For DOE Federal and contractor facilities, the DOE cognizant security office
must maintain a copy of the facility’s S&S plans, survey reports, FOCI documentation
including notification of a favorable FOCI determination if applicable, pertinent
correspondence, and copies of DOE F 470.2, Facility Data and Approval Record
(FDAR), created for the facility. For FCL termination of all registered facilities, a copy of
the certificate of non-possession or security certification must be maintained.
DOE O 470.4B Appendix B, Section 1, Chapter IV
7-21-2011 IV-1
CHAPTER IV. INTERIM AND LIMITED FACILITY CLEARANCES
1. INTERIM FCLs. Interim FCLs are granted on a temporary basis, pending completion of
full investigative and approval requirements, including but not limited to the completion
of background investigations for final access authorizations for those individuals required
to be cleared in connection with the FCL (such as KMP). Interim FCLs may be granted
only to avoid unacceptable delays in pre-contract negotiation or in performance on a
contract, and must be granted only after DOE has made a FOCI determination and
granted interim access authorizations to KMP and other facility personnel requiring
immediate access to classified information or matter.
Section 47
a. When final access authorizations have been granted to all facility personnel
required to be cleared in connection with the FCL, a final FCL must be granted
and registered in SSIMS via an updated DOE F 470.2, Facility Data and
Approval Record (FDAR).
b. When an interim access authorization for an individual KMP is withdrawn, the
interim FCL must also be withdrawn unless action is taken to remove the
individual from the position requiring access.
c. Foreign owned or controlled companies and those with non-U.S. citizens as KMP
are not eligible for interim FCLs.
2. LIMITED FCLs. The United States has entered into agreements with certain foreign
governments that establish arrangements whereby a foreign-owned U.S. company may be
considered eligible for an FCL without any additional FOCI negation or mitigation
instrument. To ensure that release of information or access to SNM is in accordance with
the U.S. National Disclosure Policy, a limited FCL must be restricted to one security
activity involving classified information or SNM. Award of another security activity to
the same facility involving such information requires separate FCL registration, under
another limited FCL or under an FCL without restrictions, if appropriate. Issuance of a
limited FCL requires imposing strict access restrictions to limit access to the scope of the
contract. The clearance and exclusion requirements for KMP apply to all FCLs, including
a limited FCL.
a. A limited FCL may be granted upon satisfaction of the following criteria.
(1) Verification of an agreement authorizing the exchange of the classified
information or matter involved to the country from which the foreign
ownership is derived.
(a) Access to classified information or matter will be limited to
performance on a contract, subcontract, or program involving the
government of the country from which foreign ownership is
derived.
Appendix B, Section 1, Chapter IV DOE O 470.4B
IV-2 7-21-2011
(b) Release of classified information or matter must be in conformity
with the U.S. National Disclosure Policy.
(2) In extraordinary circumstances, a limited FCL may also be granted when
the criteria listed above cannot be satisfied, provided there exists a
compelling need to do so consistent with national security interests.
b. Limited FCL Compelling Need Statement. Each request for clearance under a
limited FCL must be accompanied by a statement of compelling need from the
GCA. The GCA’s compelling need statement must be signed by the head of the
cognizant DOE program office and include the following:
(1) Acknowledgment that the company will be under FOCI (i.e., FOCI will
not be mitigated);
(2) Acknowledgment that the GCA/Departmental element accepts the risks
inherent in the granting of an FCL where FOCI is not mitigated; and
(3) A foreign disclosure determination stating the basis for determining that
release of classified to the foreign government involved is in conformity
with U.S. National Disclosure Policy.
DOE O 470.4B Appendix B, Section 1, Chapter V
7-21-2011 V-1 (and V-2)
CHAPTER V. PERSONNEL SECURITY CLEARANCES AND
EXCLUSION PROCEDURES REQUIRED IN CONNECTION WITH
CONTRACTOR FACILITY CLEARANCES
Section 48
1. SECURITY CLEARANCES REQUIRED IN CONNECTION WITH THE FCL. Certain
officials (typically the owners, officers, directors, partners, regents, trustees, and/or
executive personnel [KMP]) with the ability to affect the organization’s policies or
practices in security activities conducted under the contract must be cleared to the level of
the FCL or formally excluded from access as appropriate. For multiple facility
organizations, each subordinate cleared facility’s KMP must also be cleared or excluded.
Changes in an organization’s KMP must be reported as they occur, and access
authorizations must be processed for new KMP immediately.
2. EXCLUSION PROCEDURES. When officials are to be excluded from or cleared at a
level not commensurate with the FCL, compliance with one or both of the exclusion
actions listed below is mandatory before issuance of an FCL. Exclusion actions must be
made a matter of record by the organization’s executive body. A copy of the resolution
must be provided to the DOE cognizant security office.
a. When formal exclusion action is required, the organization’s governing body
must affirm that specific KMP (designated by name) will not require, will not
have, and can be effectively excluded from access to all classified information or
matter, or nuclear or other hazardous material presenting a potential radiological,
chemical, or biological sabotage threat, that is entrusted to or held by the
organization. Additionally, the governing body must affirm that the specific KMP
(designated by name) do not occupy positions that would enable them to
adversely affect the organization’s policies or practices in the performance of
classified contracts.
b. When officials are to be cleared at a level below that of the FCL, the
organization’s governing body must affirm that such KMP (designated by name)
will not require, will not have, and can be effectively denied access to higher-
level classified information (specified by level), and do not occupy positions that
would enable them to adversely affect the organization’s policies or practices in
the performance of higher-level classified contracts.
3. SECURITY CLEARANCES CONCURRENT WITH THE FCL. Contractors may
designate employees who require access to classified information or matter during the
negotiation of a contract or the preparation of a bid or quotation pertaining to a prime
contract or a subcontract to be processed for security clearances concurrent with the FCL.
The granting of an FCL is not dependent on the security clearance of such employees.
DOE O 470.4B Appendix B, Section 1, Chapter VI
7-21-2011 VI-1
CHAPTER VI. FACILITY CLEARANCES GRANTED
BY OTHER GOVERNMENT AGENCIES
1. ACCEPTING OGA FCLs.
a. General. A contractor with an equal or higher FCL granted by another Federal
government agency under the National Industrial Security Program (NISP) may
be accepted by DOE for accessing, receiving, generating, reproducing, storing,
transmitting, or destroying classified information or matter, contingent on the
conditions listed below. Reciprocity between DOE and the OGA must be
documented in a written letter or memorandum of agreement (MOA) between the
DOE cognizant security office and the cognizant OGA that establishes the
responsibilities of each party for assurance and verification of the protection
afforded the DOE assets.
(1) Classification Level/Category and Special Conditions. The FCL granted
by the OGA must be at the appropriate classification level and category
and must encompass the DOE activity.
Section 49
(a) Limited or interim FCLs granted by an OGA cannot be accepted.
(b) If cleared under a Voting Trust Agreement, Proxy Agreement,
Special Security Agreement, or Security Control Agreement, the
DOE cognizant security office must obtain a copy of the FOCI
mitigation plan from the cognizant OGA. The mitigation plan must
be submitted to the DOE Office of Environment, Health, Safety
and Security or, for NNSA activities, to the Office of Defense
Nuclear Security, for review.
(c) For DOE contracts involving proscribed information (i.e., Top
Secret, COMSEC, RD/FRD), the following requirements, as
appropriate, must be met before accepting an FCL granted in
conjunction with a Special Security Agreement or Security Control
Agreement.
1 When the company is controlled by a foreign government:
a DOE must have entered into an agreement with the
foreign government involved that covers the
proscribed information to be released under the
contract; and
b A waiver must be granted by the cognizant
Secretary (i.e., the Secretary of Energy and/or the
Secretary of Defense) in accordance with the
provisions of 10 U.S.C. Section 2536, Award of
Appendix B, Section 1, Chapter VI
VI-2
DOE O 470.4B
7-21-2011
certain contracts to entities controlled by a foreign
government: prohibition, which prohibits contract
awards involving proscribed information to foreign
government-controlled companies unless such a
waiver is granted.
2 When a company is not controlled by a foreign government
a national interest determination (NID) for the specific
program/project/contract must be approved by DOE and/or
the OGA as appropriate.
3 For contracts involving RD/FRD, the additional
requirements set forth below in paragraphs (6)(a)–(d) must
be met or addressed as appropriate.
(d) An OGA Top Secret facility clearance transfers to a DOE
Secret/RD possessing interest, and an OGA Secret facility
clearance transfers to a DOE Secret/RD non-possessing interest as
long as DOE grants the security clearances to KMPs and all
individuals requiring access to Secret/RD under the DOE
contract(s).
(e) Final FCLs granted by OGAs for access to national security
information (NSI), when no proscribed information is involved,
will be accepted by DOE on a reciprocal basis with no additional
requirements.
(2) Notification of Cancellation. An assurance must be obtained from the
OGA that the FCL will not be canceled prior to the DOE cognizant
security office being notified.
(3) Protective Measures. Confirmation must be obtained from the OGA that
the facility’s protective measures and procedures are adequate for the
protection of the DOE activity, and results of the agency’s last survey of
the facility are satisfactory in those areas that could affect the DOE
interest.
(4) Surveys. The facility’s survey frequency must be confirmed by the OGA,
and assurance must be obtained that copies of each of the OGA’s periodic
survey reports or memoranda covering the status of the protection of the
DOE activity will be furnished to the DOE cognizant security office
following each scheduled survey.
(5) Access authorizations. Each employee to be granted access to RD or SNM
must have an appropriate access authorization.
DOE O 470.4B Appendix B, Section 1, Chapter VI
7-21-2011 VI-3
(6) RD/FRD. If RD or FRD is involved, the following must be considered:
(a) An assurance must be obtained from the OGA that the facility
complies with the requirements of 10 CFR Part 1045, Nuclear
Classification and Declassification.
Section 50
(b) When the DOE contract involves RD, an assurance must be
obtained from the OGA that the facility’s protective measures and
procedures meet the requirements of DoD 5220.22-M, National
Industrial Security Program Operating Manual (NISPOM),
including any appendices or supplements applicable to RD.
(c) FCLs not meeting the requirements in (a) and (b) above may be
accepted if the DOE activity requires that the contractor establish
upgraded protective measures that meet DOE requirements. For
FCL upgrades, the agreement between DOE and the OGA must
cover reimbursement for upgrade costs incurred by the OGA or
contractor.
(d) When DOE accepts an FCL based on an OGA-approved Voting
Trust Agreement, Proxy Agreement, Special Security Agreement,
or Security Control Agreement, an assurance must be obtained
from the OGA that it will invite and permit DOE to attend the
annual meeting if such attendance is determined necessary by
either the OGA or DOE.
b. Contractor’s Tier Parent(s). If the parent(s) of a company that DOE is processing
for an FCL holds an FCL granted by another Federal agency, the tier parent(s)
does not need to provide DOE with a FOCI package, provided reciprocity is
accomplished with the OGA. Reciprocity between the DOE cognizant security
office and the OGA must be documented in a written agreement with the
appropriate provisions as outlined above. The written agreement must contain an
assurance from the OGA that security cognizance will be transferred to DOE for
any tier parent no longer requiring the OGA FCL.
2. OGA VERIFICATION REQUESTS. If an OGA requests verification of an existing DOE
FCL, a copy of the facility’s current DOE F 470.2, Facility Data and Approval Record
(FDAR), must be provided.
3. OGA CONTRACTORS WITH NO DOE CONTRACTS. Classified mail channels must
be registered in SSIMS for an OGA contractor organization where the Department does
not have a contractual interest but must communicate or exchange classified information
with the OGA contractor. To establish an address for the classified mail channel, a
statement of security assurance or a form comparable in content must be completed and
signed by the DOE cognizant security office and by the authorizing government official
Appendix B, Section 1, Chapter VI DOE O 470.4B
VI-4 7-21-2011
for the OGA contractor. The establishment of this type of registration in SSIMS cannot
be used as a basis for registering additional security activities.
DOE O 470.4B Appendix B, Section 1, Chapter VII
7-21-2011 VII-1
CHAPTER VII. DOCUMENTATION AND REGISTRATION OF FACILITY
CLEARANCES AND RELATED SECURITY ACTIVITIES
1. DOCUMENTATION OF FCLs. SSIMS must be used by all DOE cognizant security
offices to register FCL information for which they have cognizant security authority,
survey cognizance, or responsibility for registered security activities. Each registered
FCL must identify the highest security activity approved for the registered facility.
a. DOE F 470.1, Contract Security Classification Specification (CSCS), is used to
register information in SSIMS concerning contract vehicles; a DD 254 used by an
OGA sponsoring an activity can be submitted in lieu of the DOE F 470.1 if it is
annotated with the DOE facility code. DOE F 470.2, Facility Data and Approval
Record (FDAR), is used to record approvals, changes, and deletions of facility
security information and other facility changes for entry into SSIMS. These forms
are available on the website of the DOE Office of the Chief Information Officer
(http://cio.energy.gov/records-management/forms.htm).
Section 51
b. If more than one Departmental element has a registered security activity at a
facility, the element responsible for the security activity involving the highest
classification level and category is the responsible DOE cognizant security office,
to include being the processing personnel security office. This responsibility may
be delegated, by mutual agreement, to another Departmental element with a
registered security activity at that facility. The Special Security Officer, Office of
Intelligence and Counterintelligence, must also sign the DOE F 470.1 for
contracts involving access to Sensitive Compartmented Information.
c. Any change in the responsible DOE cognizant security office or survey office
must include a transfer of appropriate documentation (e.g., S&S plans;
construction project status; FOCI files; etc.).
2. REGISTRATION OF SECURITY ACTIVITIES. Security activities are specific,
unrelated tasks or contract elements involving S&S interests at a facility. Security
activities must be registered in association with a specific FCL.
a. Security Activities for Existing FCLs. The DOE cognizant security office must:
(1) Determine and validate the security requirements, including personnel
security clearances, for the proposed security activity.
(2) Determine the FCL status through SSIMS or the Defense Security
Service/Industrial Security Facilities Database (DSS/ISFD).
(3) Compare the security requirements for the activity to the approved FCL in
the following situations and ensure that:
http://cio.energy.gov/records-management/forms.htm
Appendix B, Section 1, Chapter VII DOE O 470.4B
VII-2 7-21-2011
(a) When the contractor FCL is granted by an OGA, the requirements
for accepting an OGA FCL are met.
(b) When the contractor FCL is granted by DOE:
1 The new activity will be protected adequately under the
facility’s existing S&S program as outlined in the facility’s
approved security plan.
2 The existing FCL is compatible with the level and category
of the new security activity.
3 The facility holds a composite facility rating of satisfactory
on the basis of the last S&S survey report.
4 If applicable, coordination is accomplished with the DOE
and/or OGA cognizant security agency for any tier
parent(s) of the contractor holding a DOE or OGA FCL to
ensure compliance with national requirements (e.g., FOCI
determination, exclusion resolutions for KMP, etc.).
b. Registering New Security Activities. The procurement request originator will
submit a DOE F 470.1, Contract Security Classification Specification (CSCS), or
DD 254 to the DOE contracting official, who will forward the completed DOE F
470.1 to the DOE cognizant security office. The DOE cognizant security office
will verify the information and ensure that the new security activity can be
performed within the existing FCL. If no issues are identified, the cognizant
security office will approve the form and return it to the contracting officer so that
the contract can be awarded. When a new activity will exceed the current FCL, or
if there is no FCL, all actions required to upgrade the current level or obtain an
FCL must be completed prior to contract award.
Section 52
c. Terminating Security Activities. When a registered security activity is terminated,
the organization that established the security activity must ensure that all access
authorizations associated with the activity are terminated and all DOE property,
classified information or matter, and/or nuclear and other hazardous material is
appropriately reallocated, disposed of, destroyed, or returned to the appropriate
DOE or cleared DOE contractor organization. A certificate of non-possession
must be obtained from the organization responsible for the terminating activity
and must be maintained by the DOE cognizant security office that established the
security activity. A final CSCS form must be submitted and SSIMS must be
updated to show the termination.
3. REGISTERING STRATEGIC PARTNERSHIP PROJECTS (SPP) ACTIVITIES. The
requirements of DOE O 481.1D, Strategic Partnership Projects [Formerly Known as
Work for Others (Non-Department of Energy Funded Work)], dated 12-5-16 must be met
DOE O 470.4B Appendix B, Section 1, Chapter VII
7-21-2011 VII-3
before an SPP project or any “out of scope” modifications to existing SPP agreements are
accepted. SPP activities must be registered in SSIMS.
a. SPP Performed at DOE-Owned or DOE-Operated Facilities. Before acceptance of
SPP activities, the DOE and the requesting agency must exchange classification
and protection information, including the DOE F 470.1, Contract Security
Classification Specification (CSCS) or DD Form 254. The exchange of
classification and protection information must be documented and may also
include a formal agreement that includes reimbursement of any additional S&S
costs (above minimum security requirements) incurred by the Department.
b. SPP Performed at Other Than DOE-Owned or DOE-Operated Facilities. When an
OGA stipulates that SPP activities are to be performed by a DOE contractor at
locations other than DOE-owned or DOE-operated facilities, an FCL is required.
If the FCL is issued by an OGA, the requirements for accepting OGA FCLs
apply. The SPP activity must be registered in SSIMS. Before the activity can be
registered, all applicable requirements of DOE O 481.1D, Strategic Partnership
Projects [Formerly Known as Work for Others (Non-Department of Energy
Funded Work)], must be met, and the DOE cognizant security office must review
and certify that the sponsoring organization has complied with the applicable
provisions of DOE O 475.2B, Identifying Classified Information.
c. Subcontracting in Connection with SPP. When subcontracting is required in
connection with SPP, the subcontractor can be registered based on DOE F 470.2,
Facility Data and Approval Record (FDAR), and verification of the FCL. In this
instance, a security cognizance agreement is not required. If the subcontractor has
a DOE FCL at the appropriate level, the SPP activity must be registered. If the
subcontractor has an FCL issued by an OGA, the considerations for the
acceptance of OGA FCLs, as outlined in Chapter VI of this Section, apply. A
separate letter or memorandum of understanding between DOE and the OGA is
not required provided that all considerations are addressed in the SPP agreement.
4. EXCEPTIONS TO REGISTRATION IN SSIMS. Foreign intelligence information, SCI,
SAPs, and other sensitive activities requiring special access or procedures associated with
receipt, storage, processing, and/or handling must conform to the applicable protection
provisions of Executive Orders and to applicable Director of Central Intelligence
directives. Because these activities are not regulated under S&S policy, they are not
registered in SSIMS. Exceptions to the registration requirements are identified below.
a. SAPs. SAPs are not registered in SSIMS. SAPs are registered in accordance with
DOE O 471.5, Special Access Programs, dated 3-29-11.
b. SCI. SCI security activities are not registered in SSIMS; however, each accredited
SCI facility (SCIF) must be recorded in SSIMS using DOE F 470.2, Facility Data
and Approval Record (FDAR).
Appendix B, Section 1, Chapter VII DOE O 470.4B
VII-4 7-21-2011
c. Classified or Sensitive Activities. Details concerning sensitive or classified
activities the publication of which in SSIMS would compromise mission
completion of such activities or classified information are not registered in
SSIMS. The DOE cognizant security office must notify the appropriate Program
Secretarial office or, for NNSA,