DOE O 5630.11A, Safeguards and Security Program
To establish the policy and responsibilities for the Department of Energy (DOE) Safeguards and Security Program.
Supersedes:
Superseded By:
Version history and related documents
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
U.S. Department of Energy
Washington, D.C.
SUBJECT: SAFEGUARDS AND SECURITY PROGRAM
ORDER
DOE 5630.llA
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1. PURPOSE. To establish the policy and responsibilities for the Department of
Energy (DOE) Safeguards and Security Program.
2. CANCELLATION. DOE 5630.11, SAFEGUARDS AND SECURITY PROGRAM, of 1-22-88.
3. APPLICATION TO CONTRACTS. Except as excluded in paragraph 4, the provisions
of this Order apply to all Departmental Elements and covered contractors
performing work for the Department as provided by law and/or contract. A
covered contractor is a seller of supplies or services involving access to and
protection of classified information, nuclear materials, or other safeguards
and security interests.
4. EXCLUSIONS. DOE facilities and activities subject to regulation by the
Nuclear Regulatory Commission (NRC) are exempt from the requirements of this
Order. Office of Civilian Radioactive Waste Management (RW) personnel and
activities not directly associated with the NRC licensed facilities, and thus
not covered by the NRC directives, are subject to the provisions of this
Order.
5. REFERENCES. See Attachment I.
6. DEFINITIONS. Definitions of terms commonly used in the Safeguards and
Security Program are provided in the "Safeguards and Security Definitions
Guide" which is maintained and distributed by the Office of Safeguards and
Security, SA-IO.
7. POLICY.
a. DOE interests shall be protected against a range of threats which include
unauthorized access; theft or diversion of nuclear weapons, weapons
components, or special nuclear material (SNM); sabotage; espionage; loss
or theft of classified matter or Government property; and other hostile
acts which may cause unacceptable adverse impacts on national security or
on the health and safety of DOE and contractor employees, the public, or
the environment.
b. Design Basis Threat Policy, issued by the Director of Security Affairs,
SA-1, shall be utilized in the design and implementation of protection
programs.
c. Levels of protection appropriate to particular security interests shall be
provided in a graded manner in accordance with the potential risks.
DISTRIBUTION:
All Departmental Elements
INITIATED BY:
Office of Safeguards and
Security
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d. Protection levels shall be comparable in effectiveness to other federally
regulated programs with similar security interests, such as the Nuclear
Regulatory Commission and the Department of Defense, when such levels are
consistent with DOE protective needs, and national security interests.
e. Deviations from the requirements of Safeguards and Security Orders are
only permissible with the written approval of the responsible officials
according to this Order. Variances, waivers, and exceptions to Safeguards
and Security Order requirements may be granted on a case-by-case basis.
f. Deviations from the requirements of Safeguards and Security Orders
relating to Sensitive Compartmented Information Facilities and other
intelligence facilities will be coordinated with the Director of
Intelligence (IN-I).
8. RESPONSIBILITIES AND AUTHORITIES.
a. The Secretary has overall responsibility and authority for
programs and takes necessary management actions, through the Under
Secretary, to ensure that the Department's safeguards and security
interests are effectively protected.
b. The Under Secretary (S-3) provides management direction and coordination
in the development, implementation, and oversight of the comprehensive
Departmental Safeguards and Security Program.
Section 2
c. Secretarial Officers (SOsl have primary responsibility to ensure that
safeguards and security interests under their jurisdiction are protected
in accordance with Departmental requirements. Secretarial Officers, as
appropriate, shall:
(I) Provide program and project direction consistent with the safeguards
and security directives and safeguards and security policy
requirements.
(a) Provide clear and explicit delegations of authority and
responsibilities for Safeguards and Security Program
implementation and oversight.
(b) For interests over which they have programmatic responsibility:
l Maintain oversight to assure the development of Site
Safeguards and Security Plans (SSSPs) in coordination with
cognizant DOE Field Elements and SA-I.
z Coordinate within Headquarters (HQ) Elements the review and
comment process for proposed Site Safeguards and Security
Plans (SSSPs) and verify SSSPs.
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Approve safeguards and security plans.
(c} Ensure that budget proposals for their assigned functions
provide adequate safeguards and security resources.
3
(d} Implement a security program consistent with the Headquarters
Security Plan for Washington, D.C. area facilities and programs
that has been coordinated with SA-10.
(e} Ensure personnel supporting their assigned functions receive
training in accordance with DOE 5630.15, SAFEGUARDS AND SECURITY
TRAINING PROGRAM, of 8-21-92.
(f} Coordinate requests for waivers and exceptions to Safeguards and
Security directives requirements for facilities over which they
have programmatic responsibility with SA-10 for review, approval
or further action according to paragraph 9g.
(g} Assure the procurement request packages, for each procurement
requiring the application of this Order, include:
l Identification of the Order and the specific requirements
or paragraphs with which a contractor or other awardee is
to comply.
Z Requirements for the flowdown of provisions to any
subcontract or subaward.
(2) In coordination with SA-1, take action to ensure adequate protection
is afforded safeguards and security interests, including curtailing
or suspending operations when continuation of such operations would
result in an unacceptable risk to national security or the health and
safety of employees or the public.
(3) Participate in the development and review of policy and standards for
safeguards and security interests associated with the programs under
their cognizance.
(4) Obtain SA-1 guidance regarding safeguards and security requirements
and SA-1 technical support and justification of construction or
alteration projects through the line-item-construction-project
process and the crosscut budget process; obtain SA-1 concurrence of
Site Safeguards and Security Plans; and obtain the Office of
Administration and Management (AD-I} support and guidance on the
policy and procedures for the administration of the planning, design,
and construction or alteration of facilities having a security
interest.
4 DOE 563O.llA
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(5) Identify research and development needs to SA-1O for possible
incorporation into the safeguards and security research and
development program.
d. Program Secretarial Officers (PSOs}. in addition to the duties outlined in
subparagraphs c(l)-(5) above, shall:
Section 3
(1) Upon assuming such positions, take action to review and determine the
status of safeguards and security throughout their area of
responsibility. Upon completion of the review, and in any case
within 15 calendar days of assuming a PSO position, the individual
will advise the Under Secretary in writing of the results, with a
copy sent to SA-1. The communication will include a statement that
the review has been completed and will identify any significant
deficiencies noted. As appropriate, actions being taken or planned
to correct deficiencies should be included.
(2) Report annually, on 12-1, to the Office of the Secretary, with copies
to the Inspector General (IG-1) and the Director of Security Affairs
(SA-1) on the status of safeguards and security for interests under
their respective program jurisdictions.
e. Director of Security Affairs (SA-I) provides management direction and
coordination in the development, implementation, and oversight of the
policy for a comprehensive Departmental Safeguards and Security Program.
SA-1, in addition to the duties outlined in subparagraphs c(l}-(5) above,
shall :
(I} Establish safeguards and security policies, standards, guidance, and
requirements for DOE operations, including design basis threat
guidance, for use in designing and implementing DOE protection
programs.
(2) Provide advice and assistance concerning safeguards and security
programs to line organizations, and coordinate with appropriate
Departmental organizations to correct safeguards and security
deficiencies, including those which have a programmatic or budgetary
impact.
(3) Serve as concurring official for all SSSPs.
(4) Establish and maintain the DOE Classification Program and ensure
consistency between classification and safeguards and security
policies.
(5) Serve as the DOE central point for coordination and liaison with
other agencies and groups in the development and execution of an
effective Departmental Safeguards and Security Program. This
includes coordination with Heads of Departmental Elements in
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resolution of safeguards and security issues applicable to DOE
operations and review of proposed statutes, regulations, standards,
and requirements for their application to and potential impact on DOE
activities.
(6) Provide a priority listing of safeguards and security corrective
actions and upgrade projects to PSOs, selected Secretarial Officers
and AO-I.
(7) Coordinate with the appropriate PSO(s) in the recommended
curtailment or suspension of operations at DOE facilities when
continuation of such operations would result in an unacceptable risk
to national security or the health and safety of employees or the
public. Decertify any facility where the level of the facility's
safeguards and security program affords significant vulnerability,
unacceptable risk, or does not provide adequate protection and
approve removal from the Master Facility Register. Recertify
facilities when satisfactory conditions exist. Notify other agencies
with concurrent security interests of such action.
(8) Provide review and advice to program offices on their safeguards and
security requirements and budgets before Departmental approval.
Differences identified through the review process will be resolved
during the Department's Internal Review Budgeting process (or
equivalent process for reprogramming actions).
(9) Review and approve or disapprove exceptions to Safeguards and
Security directives requirements, after consideration of SA-10
recommendations, according to paragraph 9g.
Section 4
f. Director of Safeguards and Security (SA-10) shall:
(I) Serve as SA-I focal point for safeguards and security matters.
(2) Formulate policies, procedures, and plans to assure effective and
efficient protection of nuclear materials, classified matter,
property and DOE facilities, and control and accountability of
nuclear materials, including design basis threat statements,
standards, requirements, and guidelines. Ensure policies, procedures
and plans adequately set forth Departmental responsibilities for law
enforcement activities. Review, on an as-needed basis, but at least
annually, Departmental policies and requirements to assure that
protection afforded DOE security interests is comparable to that
required by other Government agencies with similar security
interests.
(a) Develop and approve policy and requirements for the Headquarters
Security Program.
6 DOE 563O.llA
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(b) Provide, as required, assistance to Secretarial Officers and
Heads of Field Elements in the implementation of safeguards and
security requirements.
(c) Act as the Departmental focal point for the collection,
retention, evaluation, and dissemination of information having
safeguards and security significance, including threat
assessment and protection systems data.
(d) Develop policies for the reporting of violations, losses, and
management of incidents of security concern.
(e) Maintain a centralized automated data base system for monitoring
requested and approved deviations to DOE Safeguards and Security
Orders.
(f) Recommend approval or disapproval of waivers and exceptions to
Safeguards and Security directives requirements according to
paragraph 9g.
(3) Direct and coordinate the DOE Personnel Security Program.
(4) Represent the Department in the law enforcement community; provide
focus for interagency matters pertaining to safeguards and security,
including wartime protection planning; and provide liaison with the
NRC, the Federal Bureau of Investigation (FBI), Department of
Defense, and other Federal law enforcement and security agencies.
(5) Recommend to SA-1 the decertification and removal from the Master
Facility Register of any facility whose safeguards and security
program is unacceptable to meet minimum levels of safeguards and
security protection and associated risk, until such condition is
rectified.
(6) Identify needs for research and development to support safeguards and
security programs and initiate appropriate actions and direct the
safeguards and security research and development program which
supports user needs and policy objectives.
(7) Provide program management and oversight of the Safeguards and
Security Central Training Academy and New Brunswick Laboratory.
(8) Provide an annual prioritized listing of recommended safeguards and
security line-item-construction projects for Departmentwide programs
and facilities to PSOs and AD-1; and participate in ongoing staffing
actions to define and refine priorities for accomplishing such
projects and programs through validation of specific projects.
DOE 5630. llA 7
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(9) Provide advice and assistance to all HQ Elements on safeguards and
security matters.
(10) Develop, issue, and maintain guidelines for SSSPs, in consultation
with Secretarial Officers.
(11) Provide certification, in coordination with the Director of
Intelligence (IN-1), that planned/installed physical and technical
security systems create an environment of acceptable risk for
intelligence-related facilities.
Section 5
g. Assistant Secretary for Environment. Safety and Health /EH-1). in addition
to the duties outlined in subparagraphs c(l)-(5) above, shall through the
Deputy Assistant Secretary for Security Evaluations /EH-4):
(1) Maintain an inspection, performance testing, and evaluation program
to provide independent oversight of the Department's Safeguards and
Security Program to assess the effectiveness of the implementation of
policies, procedures, and operations.
(2) Assure that development and implementation of safeguards and security
measures, in part through consultation, achieves consistency with
environment, health, and safety requirements.
h. Director of Intelligence (IN-1), in addition to the duties outlined in
subparagraphs c(l)-(5) above, shall:
(1)
(2)
(3)
(4)
(5)
(6)
Serve as Senior Intelligence Officer for the Department.
In coordination with SA-1, and consistent with line-management
security responsibilities, develop guidelines, instructions, plans,
and procedures for the protection of intelligence information
consistent with safeguards and security policy and Director of
Central Intelligence directives.
Coordinate with SA-1 to provide timely and current intelligence
threat information to support the Safeguards and Security Program and
threat assessment information.
Act as Special Security Officer for line management security
administration of Department Sensitive Compartmented Information
Facilities.
Provide liaison within the U.S. Intelligence community.
Provide accreditations, in coordination with SA-10, that
planned/installed physical and technical security systems create an
environment of acceptable risk for intelligence-related facilities.
8 DOE 5630.llA
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(7) Serve as the Department's point of contact involving activities
related to intelligence and counterintelligence, to include
management of program access. Coordinate with SA-1 concerning
security issues, to include espionage, and the possible or potential
compromise of intelligence-related information.
i. Director of Administration and Management (AD-1) establishes policies,
procedures, and programs for communications security, controlling
electronic emissions (emissions security), and safeguarding unclassified
computer systems, and through the Director of Organization. Resources. and
Facilities Management (AD-10) develops and maintains general design
criteria for application in the planning, design, and construction of new
facilities and alteration of existing facilities. Incorporates guidance
from SA-10 for protection of security facilities.
j. Director, Naval Nuclear Propulsion Program <NE-60) shall, in accordance
with the responsibilities and authorities assigned by Executive Order
12344 (statutorily prescribed by Public Law 98-525 (42 U.S.C. 7158, note))
and to ensure consistency throughout the joint Navy/DOE organization of
the Naval Nuclear Propulsion Program, implement and oversee all policy and
practices pertaining to this DOE Order for activities under the Director's
cognizance.
k. Heads of Field Elements are responsible for assuring that all operations
under their jurisdiction are carried out consistent with sound safeguards
and security practices and in accordance with the Safeguards and Security
Orders, supplementary policies and other Departmental guidance. In
carrying out this responsibility the Heads of Field Elements shall:
(1) In conjunction with cognizant PSOs, assure that safeguards and
security interests under their jurisdiction are provided protection
in accordance with the Departmental safeguards and security policy.
Section 6
(a)
(b)
(c)
Execute programs and ensure that contractors and their
subcontractors execute programs and policies which utilize
appropriate safeguards and security program elements for siting,
design, construction, operation, maintenance, and modification
of DOE facilities and activities.
Take such action as may be appropriate to ensure acceptable
safeguards and security, including curtailment or suspension of
operations when such operation would result in an unacceptable
risk to national security, or the health and safety of
employees, or the public.
Conduct performance tests of safeguards and security systems to
verify the maintenance of a high state of effectiveness, as
delineated in Departmental directives or as agreed in SSSPs.
DOE 5630. llA 9
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(d) Examine, test, and evaluate the programs, projects, and
facilities of subordinate field activities in accordance with
safeguards and security requirements to assure compliance,
effectiveness, and efficiency.
(e) Develop, validate, and submit to cognizant PSO for approval
SSSPs based on vulnerability/risk analyses for a comprehensive
safeguards and security program.
(f) Establish and maintain liaison with Federal, state, or local law
enforcement officials as appropriate, and advise the responsible
PSO of any requirements issued by these officials that will
significantly affect DOE safeguards and security operations.
(g) Ensure that budget proposals for their assigned functions
provide for adequate safeguards and security resources.
(h) Provide training for their employees and contractors to assure
they are made aware of and understand their responsibilities for
protecting security interests.
(i) Ensure that supporting contracting officers incorporate contract
or solicitation provisions implementing the requirements of all
applicable Safeguards and Security Orders in new or existing
contracts which involve classified matter, nuclear material, or
DOE property.
(2) Submit requests for waivers and exceptions to Safeguards and Security
Program Orders and associated Manuals for review and approval as set
forth in paragraph 9g of this Order. Submit variances to the
cognizant PSOs for coordination according to paragraph 9g(l)(a).
(3) When assuming senior management positions, at DOE Field Element
Manager level, take action to review and determine the status of
safeguards and security throughout their area of responsibility. A
report shall be made to the cognizant PSO with a copy to SA-I within
15 calendar days after assuming a Head of DOE Field Element position.
The communication will include a statement that the review has been
completed and will identify any significant deficiencies noted. As
appropriate, actions being taken or planned to correct deficiencies
should be included.
(4) Assure the procurement request packages, for each procurement
requiring the application of this Order, include:
(a) Identification of the Order ·and the specific requirements or
paragraphs with which a contractor or other awardee is to
comply.
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(b) Requirements for the flowdown of provisions to any subcontract
or subaward.
Section 7
1. Procurement Request Originators (the individuals responsible for
initiating a requirement on DOE F 4200.33, "Procurement Request
Authorization"), or such other individuals(sl as designated by the
cognizant Heads of Departmental Elements shall bring to the attention of
the cognizant contracting officer the following: (1) each procurement
requiring the application of this Order; (2) requirements for flowdown of
provisions of this Order to any subcontract or subaward; (3)
identification of the paragraphs or other portion of this Order with which
the awardee, or, if different, a subawardee, is to comply; and (4)
identify need for and process any exceptions to this Order prior to
submitting a procurement request to the Contracting Officer.
m. Contracting Officers at all levels shall incorporate contract or
solicitation provisions implementing the requirements of all DOE
Safeguards and Security Orders in new or existing contracts which involve
any of the following: classified matter, nuclear material, or DOE
property.
9. CONCEPT OF OPERATIONS.
a. Program Definition. Numerous and varied activities and assets under the
Department of Energy are vital to the national defense and energy
security. Accordingly, the Department must ensure appropriate levels of
protection from loss or theft of classified matter or Government property
and acts of unauthorized access, theft, diversion, sabotage, espionage, or
other hostile acts which may cause unacceptable risks to national security
or the health and safety of DOE and contractor employees, the public, or
the environment.
(1) Safeguards are an integrated system of physical protection, material
accounting, and material control measures designed to deter, prevent,
detect, and respond to unauthorized possession, use, or sabotage of
nuclear materials.
(2) Security refers to those activities through which the Department
defines, develops, and implements its responsibilities under the
Atomic Energy Act of 1954, as amended, Federal statutes, Executive
orders, and other directives for the protection of Restricted Data
and other classified information or matter, nuclear materials,
nuclear weapons and nuclear weapons components, and for the
protection of DOE and DOE contractor facilities, property, equipment,
and personnel.
b. Key Program Elements. Levels of protection appropriate to particular
safeguards and security interests are provided through the development and
execution of a comprehensive safeguards and security program. This Order
DOE 5630.llA
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11
establishes the authorities and responsibilities for managing and
implementing the protection of security interests and sets forth the
framework for the Orders and Manuals which define the policies, baseline
requirements and responsibilities specific to the major elements of the
Safeguards and Security Program. The key program elements are:
(1) Program Management /5630 Series).
(a) Program Planning
(b) Program Management and Administration; and
(c) Personnel Development and Training.
(2) Personnel Security /5631 Series).
(a) Personnel Clearance;
(b) Security Briefings and Awareness;
(c) Control of Classified Visits; and
(d) Unclassified Visits and Assignments by Foreign Nationals.
(3) Protection Program Operations /5632 Series).
(a) Physical Security;
(b) Security Systems;
(c) Protective Forces;
(d) Security Badges and Passes;
(e) Incident Response and Management; and
(f) Transportation Security.
Section 8
(4) Nuclear Materials Control and Accountability (5633 Series).
(a) Material Control; and
(b) Material Accountability.
(5) Surveys and Facility Approval /5634 Series).
(a) Security Surveys and Inspections;
12 DOE 5630.llA
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(b) Materials Control and Accountability Surveys and Inspections;
and
(c) Facility Activity Registration and Approval.
(6) Information Security (5639 Series).
(a) Classified Matter Protection and Control;
(b) Automated Information Systems Security;
(c) Technical Surveillance Countermeasures;
(d) Operations Security; and
(e) Foreign Ownership Control and Influence.
(7) Independent Inspection and Evaluation (563O.12A).
c. Line Management Responsibility. Responsibility for the development and
execution of effective safeguards and security programs flows from the
Program Secretarial Officer to line management.
d. Risk Analysis. The acceptance of some level of risk is inherent in any
activity. The determination of the appropriate level of protection shall
take into account the nature of the threat, the vulnerability of the
potential target, and the potential consequences of an adversarial act. A
rational and responsible balance will be obtained through the planning and
execution of a comprehensive safeguards and security program. Specific
site safeguards and security programs shall be based on vulnerability/risk
analyses. These programs shall be designed to provide a high degree of
assurance that threats are deterred, denied, contained, mitigated, or
neutralized, as appropriate. Risk associated with safeguards and security
vulnerabilities should be reduced even where not mandated by specific
requirements, when such reduction is consistent with the Department's
mission and when supported by appropriate cost/benefit analyses.
e. Site Specific Programs. Individual safeguards and security programs shall
be tailored to address specific site characteristics. The Site Safeguards
and Security Planning process enables cognizant line organization program
offices and field managers, in consultation with SA-1O, to design and
implement a protection program tailored to their respective operational
needs, recognizing ongoing programs, current threat guidance, current
policy and technology, and unique site specific requirements. Site
specific protection programs shall be documented in SSSPs. The residual
risks to be accepted by the Department will be identified by
vulnerability/risk analyses.
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f. Independent Assessments. Assessment of possible environment, safety and
health impacts at field organization level and review by EH-I provides a
means to identify and resolve any environment, safety, and health issues
which may arise in the execution of safeguards and security programs.
Independent oversight to assess the effectiveness of the implementation of
the Department's safeguards and security policies, procedures, systems and
operations shall be provided through an inspection, performance testing
and evaluation program conducted by inspection and evaluation teams of the
Office of Security Evaluations (EH-4).
g. Alternative Means and Deviations. Alternate or equivalent means of
providing adequate safeguards and security may be proposed to meet a
specific requirement of this and other Safeguards and Security Program
Orders and associated Manuals. The following procedures and approval
levels shall apply:
Section 9
(1) Variance. A variance is an approved condition that technically
varies from Safeguards and Security Order requirements, but affords
equivalent levels of protection without compensatory measures.
(a) A variance may be approved by the Head of a Field Element after
coordination with the cognizant Secretarial Officer.
Notification of intent to approve variances shall be made to the
cognizant PSO and SA-IO at least 30 days prior to approval.
(b) For Headquarters, the cognizant Secretarial Officer may approve
variances after the required prior notification to SA-10.
(c) Variances may be approved for an indefinite period of time.
(d) Variances shall be documented in the appropriate safeguards and
security planning documents.
(e) Modifications to variances may be approved as described in
paragraphs 9g(l)(a) and (b) above.
(2) Waiver. A waiver is an approved nonstandard condition that deviates
from DOE Order requirements which, if uncompensated, would create a
potential or real vulnerability and, therefore, requires
implementation of compensatory measures for the period of the waiver.
(a)
(b)
A waiver request shall be submitted by a Departmental Element to
the cognizant Secretarial Officer. Approval of a waiver by the
cognizant Secretarial Officer shall occur only after
coordination with SA-10.
A waiver shall be for a period not to exceed 2 years. At the
completion of the first year, a revalidation by the cognizant
Secretarial Officer in coordination with SA-10 is required.
14 DOE 5630.llA
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(c) Waivers shall be documented in appropriate safeguards and
security planning documents.
(3) Exception. An exception is an approved deviation from a DOE
Safeguards and Security Order requirement that creates a safeguards
and security vulnerability. Exceptions shall be granted only when
correction of the nonstandard condition is adjudged to be not
feasible and compensatory measures are inadequate to preclude the
acceptance of risk. An exception must be approved by both the
Secretarial Officer and SA-1.
(a) For Field Elements, exception requests shall be submitted
through line management to the cognizant Secretarial Officer for
review and approval by the Secretarial Officer and SA-I.
(b) For HQ Elements, approval of exceptions is by the cognizant
Secretarial Officer and SA-I.
(c) Exceptions may be granted for a period of up to 3 years. All
exceptions approved for an unspecified period of time shall be
reviewed by the approving official and revalidated on an annual
basis.
(d) Requests for continuation of exceptions, including
justification, shall be submitted for approval whenever a major
change in site safeguards and security configuration or mission
offers an opportunity for corrective action to terminate the
nonstandard condition.
(e) Exceptions shall be documented in appropriate safeguards and
security planning documents, and be included in Site Profiles
which form the basis for the Department's Annual Report to the
President on the Status of Safeguards and Security.
(4) Requests for deviations may only be approved by designated persons,
including those authorized to act for the designated persons in their
absence. Delegation of these authorities is not authorized.
(5) Specific elements of information to be included with each request for
a deviation are provided in Attachment 2. Such cases shall be
documented, and approved deviations shall be documented in safeguards
and security documents. A deviation case which is approved out of
cycle with the safeguards and security plan formulation and approval
process shall be documented as an attachment to the applicable
safeguards and security plan.
Section 10
(6) Deviations may be approved for a specific period of time or for an
indefinite period of time. When the time of approval is unspecified,
annual revalidation by the reviewing official is required.
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(7) Compensatory measures which have been implemented and are used to
form the basis for a waiver or exception request shall be subject to
formal vulnerability assessments and must be performance tested and
validated by the cognizant Fjeld Element. The results of the
vulnerability assessment(s) and performance tests shall be included
in documentation support for the SSSP. Performance testing and
documentation, as necessary, may also be required for locally
approved variances.
(8) Cognizant Secretarial Officer's and SA-1 (through SA-10) may perform
onsite reviews, assessments, and validation visits in order to obtain
a full understanding of the nature and impact of deviation requests.
(9) Secretarial Officers shall ensure waivers and exception requests
include realistic schedules for correcting the conditions requiring
deviations, ensure funding is effectively managed to address
safeguards and security interests, and monitor compliance with
approved schedules.
h. Management Review of Safeguards and Security Programs. Individuals upon
assuming senior management positions as set forth in paragraphs Sd(l) and
8k(3) shall complete a review to determine the status of safeguards and
security programs under their responsibility. These reviews should
include detailed briefings on the safeguards and security posture in the
individual's area of responsibility. Results of oversight activities such
as inspections and evaluations, security surveys, self-assessments,
General Accounting Office audits, and other internal and external
evaluation functions should be assessed. Where applicable, ratings
included in reports to the President on the status of safeguards and
security at domestic nuclear weapons facilities should be reviewed. The
review must provide sufficient data and information to permit a
determination of the current status of safeguards and security throughout
the organization by the individual assuming responsibility for the
organization. Onsite visits shall be conducted as soon as practical.
BY ORDER OF THE SECRETARY OF ENERGY:
DOLORES L. ROZZI
Director of Administration
and Management
DOE 5630. llA
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REFERENCES
1. Atomic Energy Act of 1954, as amended, Title 42 U.S.C.:
Attachment 1
Page 1
a. Chapter 2, "Definitions," section 11, which defines selected key terms.
b. Chapter 7, "Source Material," section 65, which authorizes orders
requiring reports of ownership, possession, shipment of source material.
c. Chapter 12, "Control of information," sections 141-146, inclusive which
sets forth the principles for the control of Restricted Data.
d. Chapter 12, "Control of information," sections 148, which prohibits
unauthorized dissemination of unclassified nuclear information with
respect to atomic energy defense programs.
e. Chapter 14, "General Authority," section 161, "General Provisions," which
sets forth the authority for establishing and implementing a DOE security
program for controlling access to Restricted Data and special nuclear
material, including authority to carry firearms.
f. Chapter 18, "Enforcement," sections 221-234, which sets forth the
authority necessary to protect Restricted Data and to safeguard property
and establishes criminal penalties for violations; and section 235, which
addresses "Protection of Nuclear Inspectors."
Section 11
2. The Internal Security Act of 1950, as amended, Title 50 U.S.C.:
a. Section 47a concerning illegal introduction, manufacture, acquisition, or
export of special nuclear materials or atomic weapons, or conspiracies
relating thereto;
b. Section 781 regarding control of subversives;
c. Section 784 regarding employment of members of communist organizations;
and
d. Section 797 on security regulations and orders and the penalty for
violation.
3. National Security Act, Title 50, U.S.C., section 403, Chapter 15 which
establishes the Central Intelligence Agency and gives it intelligence
oversight over all Federal agencies.
4. Public Law 76-443, "Espionage Act," of 3-28-40, which establishes punishments
for acts of interference with the foreign relations and commerce of the United
States and espionage.
5. Executive Order 10450, "Security Requirements for Government Employees," of
4-27-53, as amended, which establishes the requirement for determining that
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all Federal employees are loyal, reliable, trustworthy, and of good conduct
and character.
6. Executive Order 10865, "Safeguarding Classified Information Within Industry",
of 2-24-60, as amended, which establishes the basis for industrial security
program for civilian personnel.
7. Executive Order 12356, "National Security Information", of 4-2-82, which sets
forth access guidance, provides requirements for information security
including education and oversight programs, and authorizes establishment of
procedures and promulgation of regulations to implement the Order.
8. National Security Decision Directive 84, of 3-11-83, titled "Safeguarding
National Security Information," which establishes responsibilities for
ensuring that nondisclosure agreements are obtained.
9. National Security Decision Directive 197, of 11-1-85, which establishes
requirements for reporting hostile contacts and maintaining security awareness
programs.
10. "Privacy Act of 1974," Title 5 U.S.C. Section 552a, which establishes the
legal requirements for collecting and retaining information on individuals.
11. Title 10 CFR Part 710, Criteria and Procedures for Determining Eligibility for
Access to Classified Matter or Significant Quantities of Special Nuclear
Material, which is used in cases in which there are questions of eligibility
for DOE access.
12. Title 10 CFR Part 860, Trespassing on Administration Property, which is issued
for the protection and security of facilities, installations, and real
property subject to the jurisdiction or administration of, or in the custody
of, the Department.
13. Title 10 CFR 1008, Privacy Act; Records Maintained on Individuals, which
establishes the procedures to implement the Privacy Act of 1974 within the
DOE.
14. Title 10 CFR Part 1016, Safeguarding of Restricted Data, which establishes
policy and requirements for the protection of Secret and Confidential
Restricted Data.
15. Title 10 CFR Part 1046, Defense Programs, Physical Protection of Security
Interests, which sets forth policies and procedures applicable to DOE
contractor employees and provides medical and physical fitness qualification
standards, physical fitness training program requirements and medical
examination and certification requirements.
16. Title 10 CFR Part 1047, Defense Programs; Limited Arrest Authority and Use of
Force by Protective Force Officers, which establishes policy concerning
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Section 12
arrests and associated use of physical and deadly force by DOE and DOE
contractor employees engaged in protective force duties.
17. Title 18 U.S.C., relating to:
a. Espionage or information control (sections 792-98);
b. Sabotage (sections 2151-56);
c. Treason and subversive activity (Sections 2381-85);
d. Actual or threatened use of explosives against persons or property
(Sections 841-48);
e. Embezzlement and theft (Sections 641 and 6619);
f. Extortion and threats (Sections 876-78):
g. Riots (Section 2101);
h. Acts of malicious mischief (Sections 1362-63); and
i. Theft and destruction of Government property and civil disorders (Section
231).
18. Title 32 CFR, Chapter XX, Part 2001, "National Security Information, "
Subparts D - Safeguarding, and Subpart E - Implementation and Review, Sections
2001.40 - .62.
19. Title 41 CFR Chapter 101, Federal Property Management Regulations, which sets
forth policies and procedures for the protection of Government-owned and
leased buildings and grounds under assignment responsibility of General
Services Administration.
20. Title 48 CFR 970.2201, Basic Labor Policies, which establishes employment
standards for management and operating contractors, including preemployment
checks.
21. Federal Personnel Manual, Chapter 732, "Personnel Security," and Chapter 736,
"Personnel Investigations," which implements Executive Order 10450 throughout
Federal Departments and Agencies. These provisions provide for the
establishment and maintenance of an effective personnel security program to
insure that the employment and continued employment of each civilian in his or
her capacity is clearly consistent with the interests of the national security
and ADP-Computer security requirements.
22. DOE 1000.3B, INTERNAL CONTROL SYSTEMS MANUAL, of 07-05-88, which prescribes
policies and standards for internal control systems in DOE, assigns
responsibility and accountability to managers for internal controls within
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DOE 5630.IIA
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their programs and administrative functions, and establishes a requirement for
an annual report assessing compliance with the Comptroller General's
standards.
23. DOE 1324.2A, RECORDS DISPOSITION, of 09-13-88, which assign responsibility for
the disposition of Departmental records.
24. DOE 1324.5A, RECORDS MANAGEMENT PROGRAM, of 04-30-92, which assigns
responsibilities and authorities and prescribes policies, procedures,
standards, and guidelines for the orderly disposition of DOE records.
25. DOE 5000.3A, OCCURRENCE REPORTING AND PROCESSING OF OPERATIONS INFORMATION, of
05-30-90, which establishes a system for reporting of operations information
related to DOE-owned and operated facilities and processing of that
information to provide for appropriate corrective action.
26. DOE 5500.lB, EMERGENCY MANAGEMENT SYSTEM, of 04-30-91, which establishes
overall policy and requirements for an Emergency Management System that will
provide for development, coordination, and direction of DOE planning,
preparedness, and readiness assurance for response to operational energy,and
continuity of Government emergencies involving DOE or requiring DOE
assistance.
27. DOE 5500.2B, EMERGENCY CATEGORIES, CLASSES, AND NOTIFICATION AND REPORTING
REQUIREMENTS, of 04-30-91, which provides a DOE emergency notification and
reporting system and establishes DOE emergency response levels and associated
response actions.
Section 13
28. DOE 5500.3A, PLANNING AND PREPAREDNESS FOR OPERATIONAL EMERGENCIES, of
04-30-91, which establishes requirements for the development of DOE site
specific emergency plans and procedures for radiological emergencies occurring
in existing or planned DOE reactors and nonreactors facilities.
29. DOE 5610.2, CONTROL OF WEAPON DATA, of 08-01-80, which establishes the policy
and requirements for control of weapon data.
30. DOE 5630.12A, SAFEGUARDS AND SECURITY INSPECTION AND ASSESSMENT PROGRAMS, of
06-23-92, which establishes the policies and responsibilities for independent
oversight of Safeguards and Security programs.
31. DOE 5630.13A, MASTER SAFEGUARDS AND SECURITY AGREEMENTS, of 6-8-92, which
establishes DOE policy, requirements, responsibility and authorities for the
development and implementation of Master Safeguards and Security Agreements.
32. DOE 5630.14A, SAFEGUARDS AND SECURITY PROGRAM PLANNING, of 6-9-92, which
establishes a standardized approach to protection program planning.
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33. DOE 5630.15, SAFEGUARDS AND SECURITY TRAINING PROGRAM, of 8-21-92, which
establishes procedures for standardizing and implementing the DOE Safeguards
and Security Training Program.
34. DOE 5630.16, SAFEGUARDS AND SECURITY PERFORMANCE TEST PROGRAM, of 8-25-92,
which establishes policy, requirements and responsibilities for the program
that encompasses systematic processes for demonstrating the adequacy and
functional reliability of critical system elements and/or total systems
employed to meet protection needs.
35. DOE 5630.17, SAFEGUARDS AND SECURITY (S&S) STANDARDIZATION PROGRAM, of
9-29-92, which provides policies, procedures, responsibilities and authority
for the program to ensure the most effective and efficient use and procurement
of S&S equipment and systems.
36. DOE 5639.8, SECURITY OF FOREIGN INTELLIGENCE INFORMATION AND SENSITIVE
COMPARTMENTED INFORMATION FACILITIES, of 9-15-92, which establishes
responsibilities and authorities for the protection of Foreign Intelligence
Information (FII) and Sensitive Compartmented Information Facilities (SCIFs)
within the Department of Energy.
37. DOE 5650.2B, IDENTIFICATION OF CLASSIFIED INFORMATION, of 12-31-91, which
establishes the policy and requirements for the classification of information,
documents, or material.
38. DOE 5670.lA, MANAGEMENT AND CONTROL OF FOREIGN INTELLIGENCE, of
01-15-92, which establishes the policy and requirements for the control of
foreign intelligence.
39. DOE 6430.lA, GENERAL DESIGN CRITERIA, of 04-06-89, which provides guidance in
the planning, design, and construction of new facilities and alteration of
existing facilities.
40. "Safeguards and Security Definitions Guide", of 09-26-91, which lists
Safeguards and Security terms and their accepted definitions.
41. Design Basis Threat Policy for the Department of Energy (DOE) Programs and
Facilities, of 04-01-92, which provides various threats against which all
facility Safeguards and Security protection plans must be designed.
DOE 5630. llA
12-7-92
DEVIATION REQUEST FORMAT
A. Date: Date the request is signed by the requesting official.
Attachment 2
Page 1 {and 2)
B. Request Number: A unique alphanumeric identifier beginning with "OSS,"
followed by the element symbol used in the DOE National Telephone Directory,
followed by the last two digits of the calendar year in date of request,
followed by a three digit number that is next in the sequence of requests from
that field element in that calendar year. For example, the twenty-third
request from Rocky Flats Office during 1992 would be OSS-RF-92-023.
Section 14
C. Order Citation: Identification of the Order provision from which a deviation
is being requested with a citation {paragraph or other provision) and summary
of the Order requirement.
D. Impacted Entity: Identification of the specific facility (Master Facility
Register number), process, procedure, system etc.
E. Deviation Justification: Specific description of the deviation and the
associated reason or rationale for the deviation request. A description of
the relationship of the subject of the deviation request to other safeguards
and security interests shall be included if they are significantly effected.
F. Protection Measures: Description of the current measure(s) used for
protection and an evaluation of the effectiveness of such measure(s);
description of alternative measure(s) or level(s) of protection to be provided
as an alternative to the Order requirement(s).
G. Duration: Expected duration of the condition for which the deviation is
requested, including milestones for correcting, alleviating, or eliminating
the deviant condition, if applicable.
H. Risks: An evaluation of the risk associated with the deviation, if approved.
Results of vulnerability analyses and performance tests conducted on proposed
alternative(s) shall be included.
I. Signatures: Requesting Officials Signatures.