DOE O 5650.2, Classification of Information

u.s. Department of Energy Washington, D.C. SUBJECT: CLASSIFICATION OF INFORMATION ORDER DOE 5650. 2 12-12-78 1. PURPOSE. To provide specific responsibilities, standards, and procedures for the management of the D~partment of Energy (DOE) classification system. 2. CANCELLATION. a. DOE 5650.1, DESIGNATION OF DEPARTMENT OF ENERGY TOP SECRET CLASSIFICATION AUTHORITIES, of 7-18-78. b. DOE N 5650.1, CLASSIFICATION POLICY AND PROCEDURES, of 8-7-78. c. DOE N 5650.2, DECLASSIFICATION POLICY AND PROCEDURES, of 8-7-78. d. DOE N 5650.3, CLASSIFICATION APPRAISAL SYSTEM, of 8-7-78. e. Energy Research and Development Administration (ERDA) Manual 3401, Appendix, CLASSIFICATION AND DECLASSIFICATION HANDBOOK, of 3-24-77. 3. SCOPE. These provisions apply to all DOE elements, its contractors, subcontractors, and access permittees, including the Federal Energy Regulatory Commission and its contractors and subcontractors. 4. EFFECTIVE DATE. The provisions of this directive became effective on 12-1-78. 5. REFERENCES. a. Atomic Energy Act of 1954, as amended (hereinafter referred to as the Atomic Energy Act), which established procedures for control of atomic energy information. b. Department of Energy Organization Act, which created the DOE. c. Energy Reorganization Act of 1974, as amended, which created ERDA and the Nuclear Regulatory Commission. d. Freedom of Information Act of 1967, as amended (hereinafter referred to as the Freedom of Information Act (FOIA), which established requirements for public access to Government information. e. National Security Act of 1947, as amended, which created the Department of Defense (DOD). DISTRIBUTION: All Depa rtmenta1 El ements INITIATED BY: Offi ce of All Contractors, Subcontractors, Classification and Access Permittees • Federal Energy Regulatory Commission, and its Contractors and Subcontractors 2 DOE 5650.2 12-12-78 f. Patent Secrecy Act of 1952, which established authority for imposing secrecy on patents of importance to the national security. g. Privacy Act of 1974, which established requirements for Government protection of personal information . .. h. Executive Order (EO) 10501, as amended, "Safeguarding Official Informat ion in the Interests of the Defense of the United States, II 11-5-53 (superseded by EO 11652), which established requirements concerning classification ·of defense information. i. EO 10964, "Amendment of Executive Order No. 10501 Entitled ISafeguarding Official Information in the Interests of the Defense of the United States, III 9-20-61 (superseded by EO 11652), which amended classification requirements of EO 10501. j. EO 11652, as amended, "Classification and Declassification of National Security Information and Materials," 3-8-72 (superseded by EO 12065), which provided new requirements concerning classification of information. k. EO 12065, "National Security Information,1I 6-28-7.8, which provides new requirements concerning classification. of information. 1. Information Security Oversight Office Directive No.1, IINational Security Information," 9-29-78, which assists in the implementation of EO 12065. m. DOE Delegation Order No. 0204-2, 10-3-77, which delegated responsibility to the Assistant Secretary for Defense Programs (DP-l) for declassification of Restricted Data (RD). FOR THE SECRETARY OF ENERGY: William S. Heffelfinger Director of Administration { " DOE 56502 12-12-78 i TABLE OF CONTENTS CHAPTER I--ABBREVIATIONS, DEFINITIONS, AND QUALIFICATIONS Page

1. Ab br ev i at ions and Defin it ions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I-1 a. Abbreviations 1-1 b. Definitions 1-1 2. Qualifications ~ 1-9 a. Authorized Classifiers 1-9 b. Authorized Declassifiers ~ 1-9 c. Classification Officers , 1-9 d. Responsible Reviewers 1-10 CHAPTER II--POLICY AND OBJECTIVES I 1. General 11-1 2. Atomic Energy Act 11-1 3. Execut ive Order 12065............................................ I1-3 4. Policy Regarding Authorities 11-4 5. Questions, Suggestions, and Comments 11-6 CHAPTER III--RESPONSIBILITIES AND AUTHORITIES II 1-1 111-1 I II-I 111-2 111-2 111-6 111-6 111-7 III-B 111-9 111-9 II I -10 111-10 111-10 111-10 III-ll 111-11 111-11 II 1-12 111-12 Deputy Secretary . Ass istant Secretary for Defense Programs . Deputy Assistant Secretary for Defense Programs . Director of Classification ! •••••••••••••••••••••••••••• Director of Safeguards and Security, Director of International Security Affairs,· and the Counsel for Defense Programs . Heads of HQ Organizations . Heads of Field Organizations ~ . Heads of Contractor Organ izat ions . Classification Officers . Respons ib1e Rev iewers . Technical Evaluation Panel . Classification Review Committee . Authorized Classifiers . 1. Secret ary . 2. 3 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. a. Authorized Original Classifiers . b. Authorized Derivative Classifiers . 15. Downgrading and Declassification Officials . a. Persons Authorized to Declassify and/or Downgrade Informat i on . b. Authorized Declassifiers . 16. DOE and DOE Contractor PersonneL . i i DOE 5650.2 12-12-78 CHAPTER IV--CLASSIFICATION 1. Classification Authority ......................................... IV-l a. Original Classification Authority ............................. IV-1 (1) Designation of Authorized Original Classifiers ........... IV-1 (a) Top Secret Authorized Original Classifiers .......... IV-l (b) Secret and Confidential Authorized Original C1 ass ifiers ....................................... IV-l (2) Cancellation of Original Classification Authority ........ IV-2 (a) Top Secret Original Clas~ification Authority ........ IV-2 (b) Secret and Confidential Original Classification Authority .......................... IV-3 b. Derivative Classification Authority ........................... IV-3 (1) Designation of Authorized Derivative Classifiers ......... IV-3 (2) Cancellation of Derivative Classification Authority ...... IV-4 c. Alternate Classifiers ......................................... IV-4 d. Record and Reporting Requirements ............................. IV-4 2. Classification Guides ............................................ IV-5 a . Type s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I V - 5 (I) The "Classification Policy Guide" ........................ IV-5 (2) The "Guide to the Unclassified Fields of Research" ....... IV-5 (3) Program Classification Guides ............................ IV-6 (4) Local Classification Guides ....•......................... IV-7 b. Use of Classification Guides and Classified Source Document s •.................................................. IV-7 3. Classification Procedures ........................................ IV-8 a. Source of Authority ........................................... IV-8 (1) Information Under the Purview of the Atomic Energy Act ... IV-8 (2) Information Under the Purview of EO 12065 ................ IV-8

b. Classification Criteria .............•..............•.......... IV-8 (1) Restricted Data and Formerly Restricted Data ...•........• IV-8 (2) National Security Information ............................ IV-8 (a) Conditions for Classification .......•............... IV-8 (b) Prohibitions ........................................ IV-9 c. Level of Classification .............•......................... IV-10 d. Duration of Classification .........................•....•....• IV-11 (1) Restricted Data and Formerly Restricted Data ..•.......... IV-11 (2) National Security Information ............................ IV-ll e. Determination of Classification Markings for Documents and Materi a 1. ..................................... IV-ll (1) Interpretation of Guidance ............................... IV-ll {2} Classification Level ................•..............•..... IV-12 (a) Documents ........................................... IV-12 (b) Titles and Subject Lines ......... o •••••••••••••••••• IV-12 (c) Portion and Page Marking of NSI Oocuments .....•..... IV-12 (d) Change of Obsolete Marking "Restricted" ............. IV-13 ( r DOE 5650 .2 12-12-78 iii Page (3) Classification Category ................................. IV-14 (4) Special Markings ........................................ IV-14 (5) Classification Authority ................................ IV-14 (a) Identification of Original Classification Authority ............................•....•...... IV-14 (b) Identification of Derivative Classification Authority ................................................ IV-IS (6) Office of Origin ..................•...................•. IV-1S (7) Date of Classification .................................. IV-16 (8) Date or Event for Review or Declassification •........... IV-16 (a) Documents Containing RD or FRD .........•........... IV-16 (b) Documents Containing NSI ..........•................ IV-16 (9) Person Responsible for Extended Classification Period ... IV-18 (10) Reasons for Extended Classification Period ..•........... IV-18 4. Classification Violations ......................................•. IV-19 5. Challenges to Classification ..................................... IV-19 a. Challenging Classification .............•..................... IV-19 b. Formal Challenge Procedure .................................•. IV-20 c. Suggestions or Complaints .........•........................•. IV-20 6. Classification Review of Documents for Publication .............•. IV-20 7. Categories of Nuclear Programs .............•..................... IV-23 a. Category I ................................................................ IV-23 b. Category I I .................................................................................. IV-24 c. Category III .......................................................... IV-24 CHAPTER V - CHANGE OF CLASSIFICATION ( ~. 1. Scope .......................................................................... V-I 2. Authority to Change Classification ...................•........... V-1 a. Informat ion.. . . .. . . •. . . . . .. .... . . . . . . . .. . . . . . . . . . . . . .. . . . . . .. V-1 (1) Restricted Data and Formerly Restricted Data ............ V-1 (2) National Security Information ........................... V-1 b. Documents and Material....................................... V-1 3. Automatic Downgrading...................................................................................... V-2

a. Documents Classified Pursuant to EO 10501 .................... V-2 (1) Group 3 ............................................................................ 0. V-2 (2) Group 4................................................. V-2 ( 3 ) G r 0 ups 1 an d 2.......................................... V - 2 b. Documents Cl assified Pursuant to EO 11652.................... V-2 (1) Advanced Declassification Schedule ...................... V-2 (2) General Decl ass ificat ion Schedule....................... V-3 (3) Exempt from the General Declassification Schedule ....... V-3 c. Documents Cl ass i f i ed Purs uant to EO 12065.................... V-3 iv DOE 5650.2 12-12-78 Page 4. Notification of Unscheduled Changes .............................. V-3 a. Top Secret Documents ......................................... V-3 b. Secret and Confidential Documents ............................ V-3 c. Formal Reports ................................................. V-4 d. Forwarding of Notices ...........•............................ V-4 e. Content of Notices ........................................... V-4 5. Mechanics of Changing Classification Markings on Documents ....... V-4 CHAPTER VI - DECLASSIFICATION 1. Declassification Authority ..........•............................ VI-l a. Declassification Authority for Information Classified as RD or FRD ..................•.......................... , .. VI-l b. Declassification Authority for NSI ........................... VI-I c. Declassification Authority for Documents and Material ........ VI-l (1) Designation of Authorized Declassifiers ................. VI-l (2) Cancellation of Declassification Authority .............. VI-2 (3) Record and Report i ng Requ i rements. . . . . . . . . . . . . . . . . . . . . .. V 1-2 2. Automatic Declassification ....................................... VI-2 a. Old Documents and Material ................................... VI-2 ~ I , b. New Documents and Materi al. .................................. VI-3 ~ 3. Unscheduled Declassification ........•............................ VI-3 I a. Standard Declassification Review ............................. VI-3 b. Review by Authorized Declassifiers ........................... VI-4 c. File Clearance Review ... ~ .................................... VI-5 d. Patent Application Review .................................... VI-5 e. Review Pursuant to EO or Statute ............................. VI-6 (1) EO 12065 ............................................ "... V 1-6 (a) Mandatory Review ......•............................ VI-6 (b) Sys temat i c Rev i ew. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. V 1-8 (2) FOIA and Privacy Act Requests ........................... VI-IO (3) Confirmation of Existence of Documents .................. VI-IO f. Visual Material Review ....................................... VI-IO g. Other Reviews by the Office of Classification ................ VI-II 4. Notification of Declassification ................................. VI-II 5. Mechanics of Declassifying Documents ............................. VI-I2 CHAPTER VII - CLASSIFICATION EDUCATION 1. Object ives ........................................................ VII-l 2. Implementation for the DOE and its Contractors ................... VlI-l a. Initial Classification Indoctrination ........................ VII-l b. Followup Indoctrination ...................................... VII-l c. Continuing Classification Education .......................... VII-2

3. Private Organizations and Individuals ............................ VII-2 r DOE 5650.2 12-12-78 CHAPTER VIII - CLASSIFICATION APPRAISALS. : v (and vi) (r' 1. Po 1icy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. VII1-1 2. Objectives VIII-l 3. Standards and Procedures VIII-l a. Scope of Appraisals VIII-1 b. Frequency of Appraisal VIII-2 c. Visits VIII-3 d. Appraisal Reports VIII-3 e . F0 11 owup. . . • . . • . • • . • • . . • . . . . . • . . . . . . . . . • • . . . . • . . • . . . . . . . . . . .. VIII- 4 ATTACHMENT 1 - INDEX ATTACHMENT 2 - EXECUTIVE ORDER 12065 ATTACHMENT 3 - INFORMATION SECURITY OVERSIGHT OFFICE DIRECTIVE No.!. r r r DOE 5650.2 12-12-78 CHAPTER I ABBREVIATIONS, DEFINITIONS, AND QUALIFICATIONS 1. ABBREVIATIONS AND DEFINITIONS. a. Ab~reviations. (1) AEC--Atomic Energy Commission. (2) DOD--Department of Defense. (3) DOE--Department of Energy. (4) DP-1--Assistant Secretary for Defense Programs. (5) EO--Executive Order. (6) ERDA--Energy Research and Development Administration. (7) FOIA--Freedom of Information Act. (8) FRD--Formerly Restricted Data. (9) HQ--Headquarters. (10) ISOO--Information Security Oversight Office. (11) NSI--National Security Information. (12) RD--Restricted Data. (13) RR--Responsible Reviewer. (14) R&D--Research and Development. b. Definitions. 1-1 (1) Administrative Information. Information required or generated in the normal functioning of an organization or program, other than technical, costing, or programmatic information. (2) Authorized Classifier. An Authorized Original Classifier or an Authorized Derivative Classifier. (a) Authorized Derivative Classifier. One authorized to derivatively classify documents or material. (b) Authorized Original Classifier. One authorized to originally classify National Security Information (NSI). (3) Authorized Declassifier. One authorized to downgrade and declassify documents or material. (4) Authorized Derivative Classifier. See Authorized Classifier. (5) Authorized Original Classifier. See Authorized Classifier. (6) Classification. Original classification or derivative class;flcat;on. 1-2 (7) ( a) (b) DOE 5650.2 12-12-78 Derivative Classification. A determination in accordance with approved classification guides, source documents, or other guidance of an Authorized Original Classifier that a document or material contains classified information (RO, Formerly Restricted Data (FRD), or NSI). Original Classification. A determination that NSI requires protection under the provisions of EO 12065. Includes the specification of a classification level and the classification duration. Classification Aspraisal. A systematic process by which a judgment is rna e of the quality of a classification program. (8) Classification Authoritx. Derivative classification authority or original classificatlon authority. (9) (10) (11) (12 ) (13) (a) Derivative Classification Authorith. Authority to derivatively classify RD, FRO, or SI documents or material. (b) Original Classification Authority. Authority to originally classify NSI. Classification Boards. Boards appointed by heads of field or prime contractor organizations or Classification Officers to assist them in discharging their classification and declass­ ification responsibilities. Classification cateBory. One of the three kinds of classified information (RO, FR , or NSI).

Classification Guide. A document containing classification guidance for the use of Authorized Classifiers and Authorized Declassifiers in making classification determinations. Classification Level. One of the three classification specifications lin descending order): Top Secret, Secret, and Confidential. Classification Markings. documents or materlal to of information contained the classification level Markings affixed to classified indicate the classification category therein (i.e., RD, FRD, or NSI), {i.e., Top Secret, Secret, or ~ I r ~. ( DOE 5650.2 12-12-78 1-3 Confidential) including the designation "Unclassified", and (for NSI) the date or event for declassification or declassification review. (14) Classification Officer. A DOE Classification Officer or a Contractor Classification Officer. (a) Contractor Classification Officer. One designated by the head of a contractor organization to administer its classification program and oversee or monitor the classification programs of subcontractor organizations under its jurisdiction. (b) DOE Classification Officer. One designated by the head of a field organization to administer its classification program and oversee or monitor the classification programs of contractor organizations under its jurisdiction. (15) Classification Policy. DOE policy on classification, transclassification, downgrading, and declassification of information under its purview. (16) Classification Policy Guide. The classification guide through which the DOE denotes the areas of information under its purview which are classified or unclassified. (17} (18) Classification Review Committee. A committee that considers appeals of denials of requests for classified.documents under the Mandatory Review provisions of EO 12065, and considers suggestions and complaints concerning the DOE classification program. Classification Violation. A willful abuse of the classification provisions of the Atomic Energy Act, EO 12065 and its imple­ menting directives, other statutes or EO's pertaining to classification, or this manual. (19) Classified Document. Any document containing classified informat i on. (20) Classified Information. (a) Restricted Data; (b) Formerly Restricted Data; or 1-4 (21 ) (22) (23) DOE 5650.2 12-12-78 (c) National Security Infonmation determined by appropriate authority, in accordance with EO 12065 or other pertinent EO's, to require protection against unauthorized disclosure in the interest of national security. Confidential. The classification level applied to infprmation whose unauthorized disclosure could reasonably be expected to cause identifiable damage to the national security. (The lowest level of classification.) Contractor Classification Officer. See Classification Officer. Contractor Organization. A prime contractor organization or a subcontractor organization. (a) (b) Prime Contractor Organization. direct contract to the DOE. An organization under Subcontractor Organization. An organization under contract to a DOE contractor organization. (24) Declassification. (25) (26) (27) (a) A detenmination by appropriate authority that information no longer requires classification protection; or (b) A.determination by appropriate authority in accordance with approved classification policy or guidance that a classified document or material is no longer classified; or (c) The removal of classification markings from a document or material in accordance with a declassification notice from an appropriate authority.

Declassification Authority. Authority to determine that information, documents, or material can be declassified and to authorize such declassification. Declassification Event. An event that would eliminate the need for continued classification. Declassification Guidance. Guidance provided by appropriate authority for use in declassifying documents or material. It may be used only by those with declassification authority. (28) Declassification Policy. DOE policy on declassification of informatlon. r \ r DOE 5650.2 12-12-78 (29) (30) (31) (32) (33) (34) 1-5 Declassified Document. A previously classified document that has been declassified by appropriate authority in accor­ dance with approved declassification policy and from which the classification markings have been removed. Declassified Information. Previously classified information that has been declassified by appropriate authority. Denyin~ Official. A DOE official authorized to make initial determlnations for the DOE to deny, in whole or in part, requests for records under the FOIA. (Also referred to as an Authorizing Official.) Derivative Classification. See Classification. Derivative Classification Authority. See Classification Authority. Document. Any record of information regardless of physical form or characteristics, including, but not limited to, the fo 11 owi ng: (a) All handwritten, printed, or typed matter; (b) All painted, drawn, or engraved matte'r; (c) All sound, magnetic, or electromechanical recordings; (d) All photographic prints and exposed or developed film or still or motion pictures; (e) Automatic data processing input, memory, program, or output information or records such as punch cards, tapes, memory drums or disks, or visual displays; (f) All reproductions of the foregoing by any process. (35) DOE Classification Officer. See Classification Officer. (36) DOE Organization. A headquarters (HQ) organization or a field organization. (a) Field Organization. An operations office, power administration, or regional office. (b) Headduarters or1anization. An organization at or above the ffice leve (level 3) located within the Washington, D.C., metropolitan area. 1-6 (37) (38) (39) (40) (41) (42) ( 43) DOE 5650.2 12-12-78 Downgrading. Lowering the classification level of information, documents, or material. (Does not include declassification.) Field Organization. See DOE Organization. Foreian Government Information. Information provided to the Unite states in confidence by, or produced by the United States pursuant to a written joint arrangement requiring confidenti­ ality with, a foreign government or international organization of governments. Formal Report. A formal topical or progress report distributed in accordance with specific categories of the Standard Distribution Lists (TID-4500 and M-3679). Formerly Restricted Data. Classified information jointly determined by DP-l and the DOD to be related primarily to the military utilization of atomic weapons, and removed by DP-1 from the RD category pursuant to section 142(d) of the Atomic Energy Act. Government A ency. Any executive department, commission, 1n epen ent esta lishment, or corporation, wholly or partly owned by the United States of America and which is an instru­ mentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government.

Guide to the Unclassified Fields of Research. The classification guide that defines areas of information that may be originated as unclassified. (44) Headquarters Organization. See DOE Organization. (45) Information. In this manual, is restricted to facts, data, (46) (47) or knowledge itself, rather than to the medium of its convey­ ance. (Documents and materials are deemed to conveyor contain information and are not considered to be information per se.) Interaaency Information Security Committee. A committee create by EO 12065 to aid the ISOO. ~ i r "..., \ r DOE 5650.2 12-12-78 1-7 (48) Local Classification Guide. A classification guide prepared and issued by a DOE or DOE contractor organization. It is based on a program classification guide and provides detailed classification guidance. (49) Mandatory Review. A declassification review that can be initiated or requested by a member of the public, a Government employee, or another Government agency pursuant to EO 12065 and this manual. (50) Material. (a) A chemical substance; (b) A fabricated or processed item; or (c) Machinery and equipment. (51) National Security. The national defense and foreign relations of the United States. (52) National Security Information. Information pertaining to the national-security and classified in accordance with an EO. (53) (54) (55) Office of Classification. Classification, -DOE HQ. In this manual, the Office of Office of Safeguards and Security. In this manual, the Office of Safeguards and Security, DOE HQ. Official Use Only. A designation that identifies unclassified information that is exempt from disclosure under the FOIA. (56) Original Classification. See Classification. (57) ori~inal Classification Authority. Aut ority. See Classification (58) Portion Marking. The application of classification markings to individual portions of a document to indicate their specific classification. (59) Prime Contractor Organization. See Contractor Organization. 1-8 (60) (61) DOE 5650.2 12-12-78 Program Classification Guide. A classification guide that states specific classification policy for a particular DOE program. Those appointed to advise the (62) Restricted Data. All data concerning: (63) (64) (65 ) (a) Design, manufacture, or utilization of atomic weapons; (b) Production of special nuclear material; or (c) Use of special nuclear material in the production of energy; but shall not include data declassified or removed from the RD category pursuant to section 142 of the Atomic Energy Act. Sanitizing. Physical removal of all classified information from a classified document. Secret. The classification level applied to information whose unauthorized disclosure could reasonably be expected to cause serious damage to the national security. (The classification level between Confidential and Top Secret.) Source Document. A document, other than a classification guide, from WhlCh information is extracted for inclusion in another document. The term "source document" is used in the context that the classification of information extracted from the source document is determined by reference to the classi­ fication specified in the source document for the information extracted. (66) Subcontractor Organization. See Contractor Organization. (67) Systematic Review. A classification review required by EO 12065 to be conducted for NSI and documents containing NSI that have been classified for 20 years (30 years for foreign government i nformat ion) .

(68) Systematic Review Guidelines. Guidelines required by EO 12065 for identifying NSI or documents containing NSI that may not be declassified automatically at 20 years. """ ... ::) r r DOE 5650.2 12-12-78 1-9 (69) System Manager. The DOE official responsible for a DOE system of records as designated in the system notice of that system published by the DOE in the "Federal Register" in accordance with the provisions of the Privacy Act of 1974. (70) Technical Evaluation Panel. A panel established by DP-1 to provide technical expertise and assistance to that Assistant Secretary. (71) Top Secret. The classification level applied to information whose unauthorized disclosure could reasonably be expected to cause exceptionally grave damage to the national security. (The highest classification level.) (72) Transclassification. The removal of information from the RD category. (Does not include declassification.) (73) Unclassified. The designation for information, a document, or material that has not been classified or that has been declassified by proper authority. (74) Upgrading. Raising the classification level of information, documents, or material. (Also applied to the marking of a classified document or material that was initially improperly issued as unclassified.) (75) Visual Materials. Photographs, motion pictures, slides, article concepts, engineering drawings, plant layouts, plots, plans, maps, etc. 2. QUALIFICATIONS. a. Authorized Classifiers must be knowledgeable in the area(s) in which they will make classification judgments and must be thoroughly familiar with DOE classification policy and procedures. Classifi­ cation authority should not be given to secretarial or clerical employees, who normally will only be involved in the marking of documents in accordance with instructions of an Authorized Classifier. b. Authorized Declassifiers must have substantially the same qualifications as Authorized Classifiers. c. Classification Officers must have a scientific or technical degree unless otherwise approved by the Director of Classification on a case-by-case basis. Classification Officers will be designated as Authorized Classifiers. 1-10 DOE 5650.2 12-12-78 d. Responsible Reviewers must be qualified experts who are recognized authorltles in their respective fields. They also must be familiar with DOE classification policies and procedures. .- r r r DOE 5650.2 12-12-78 CHAPTER II POLICY AND OBJECTIVES II-I 1. GENERAL. The objectives of the DOE classification program are to establish the proper classification of certain information within the purview of the DOE which requires protection in the interest of the security of the United States, and to identify those documents and materials which reveal such information so as to assure its protection. Information within the purview of the DOE classification program includes RD and FRO, which are classified pursuant to the Atomic Energy Act, and NSI, which is classified pursuant to EO 12065. 2. ATOMIC ENERGY ACT. Pursuant to the Department of Energy Organization Act and the Energy Reorganization Act of 1974, as amended, the Secretary of Energy has certain responsibilities with regard to the control of information which falls under the purview of the Atomic Energy Act. In accordance with the Atomic Energy Act it is DOE policy to control the dissemination and declassification of RD in such a manner as to assure the common defense and security. Consistent with such policy, the DOE shall be guided by the following principles [sect-ion 141, Atomic Energy Act] :

"a. Until effective and enforceable international safeguards against the use of atomic energy for destructive purposes have been establ"ished by an international arrangement, there shall be no exchange of Restricted Data with other nations except as authorized by section 144 [of the Atomic Energy Act]; and "b. The dissemination of scientific and technical information relating to atomic energy should be permitted and encouraged so as to provide that free interchange of ideas and criticism which is essential to scientific and industrial progress and public understanding and to enlarge the fund of technical information." a. All information falling within the definition of RD is classified at its inception by the Atomic Energy Act. The Act also provides for the declassification and transclassification of such informa­ tion. Five provisions of the Atomic Energy Act deal with declassification or transc1assification [section 142, Atomic Energy Act]: 11-2 DOE 5650. 2 12-12-78 "a. The [Secretary of Energy] shall from time to time determine the data, within the definition of Restricted Data, which can be published without undue risk to the common defense and security and shall thereupon cause such data to be declassified and removed from the category of Restricted Data. lib. The [Secretary of Energy] shall maintain a continuous review of Restricted Data and of any classification guides issued for the guidance of those in the atomic energy program with respect to the areas of Restricted Data which have been declassified in order to determine which information may be declassified and removed from the category of Restricted Data without undue risk to the common defense and security. "c. In the case of Restricted Data which the [Secretary of Energy] and the Department of Defense jointly determine to relate primarily to the military utilization of atomic weapons, the determination that such data may be published without constituting an unreasonable risk to the common defense and security shall be made by the [Secretary of Energy] and the Department of Defense jointly, and if the [Secretary of Energy] and the Department of Defense do not agree, the determination ~ shall be made by the President. [Provision for declassifica- tion of FRO.] lid. The [Secretary of Energy] shall remove from the Restricted Data category such data as the [Secretary of Energy] and the Department of Defense jointly determine relates primarily to the military utilization of atomic weapons and which the [Secretary of Energy] and Department of Defense jointly determine can be adequately safeguarded as defense information: provided, however, that no such data so removed from the Restricted Data category shall be transmitted or otherwise made available to any nation or regional defense organization, while such data remains defense information, except pursuant to an agreement for cooperation entered into in accordance with subsection 144b [of the Atomic Energy Act]. [Provision for the transclassification of RD to FRD.] lie. The [Secretary of Energy] shall remove from the Restricted Data category such information concerning the atomic energy programs of other nations as the [Secretary of Energy] and the Director of Central Intelligence jointly determine to be necessary to carry out the provisions of section 102(d) of the National Security Act of 1947, as amended, and can be adequately safeguarded as defense information." .. r r DOE 5650.2 12-12-78 II-3

b. The responsibilities and authorities vested in the Secretary under subparagraph 2a have been delegated to DP-l (Delegation Order No. 0204-2, 10-3-77). Thus, DP-l is the sole authority for declassification of information falling within the definition of RD. Furthermore, only DP-1 may transclassify to the FRD category information determined jointly by DP-1 and the DOD to relate primarily to the military utilization of atomic weapons. Such information may be declassified only by a joint action of DP-1 and the DOD . c. It is DOE's responsibility, through the Office of Classification, to interpret the classification and declassification, provisions of the Atomic Energy Act. All regulations and policy pertaining to the classification, declassification, transclassification, and down­ grading of RD and FRD are promulgated pursuant to the requirements of the Atomic Energy Act. d. Classification guides, identifying information falling within the purview of the Atomic Energy Act that remains classified or that has been declassified, are issued by the Office of Classifica­ tion. Such guides also specify the proper classification level to be afforded to specific information in the RD and FRD categories. (Note: Although the Atomic Energy Act makes no specifications for classifying RD and FRD at more than one level, three levels of protection have been established for such information based on its sensitivity. The designations used to denote those levels are the same as those used for NSI.) OMISSION FROM DOE CLASSIFICATION GUIDES OF A STATEMENT ABOUT INFORMATION WHICH CONCEIVABLY FALLS WITHIN THE DEFINITIONS OF RD OR FRD DOES NOT MEAN THAT SUCH INFORMATION HAS BEEN DECLASSIFIED OR THAT IT IS NOT RD OR FRD. 3. EXECUTIVE ORDER 12065. EO 12065 authorizes the Secretary of Energy to origlnally classify NSI as Top Secret. It also authorizes the Secretary to delegate original classification authority to subordinates. Along with authority to classify information, Government agencies with original classification authority have certain responsibilities pertaining to information classified pursuant to the EO. In the DOE these responsibilities have been delegated where allowed by the EO. (These specific responsibilities are stated in chapter III.) a. It is DOE policy to classify as NSI, in accordance with the provisions of EO 12065, only such information as is required to be protected against unauthorized disclosure in the interest of the national defense or foreign relations of the United States. Specifically, information may be classified as NSI only II-4 00£ 5650.2 12-12-78 when the following two conditions are met (unless otherwise prohibited by EO 12065): (1) The information falls under one of the classification criteria set forth in section 1-301 of EO 12065; (2) Unauthorized disclosure of the information could reasonably be expected to cause at least identifiable damage to the national security. b. Although certain persons within the DOE have been delegated authority to make original classification determinations (i.e., decisions made personally and not pursuant to a classification guide, a classified source document, or the direction of an Authorized Original Classi­ fier), it is DOE policy that, whenever possible, all classified information be covered by classification guides approved by the Director of Classification. "

c. It is DOE policy that information classified in the DOE pursuant to an EO shall be declassified as soon as national security considera­ tions permit. Declassification decisions shall be based on loss of the information's sensitivity with the passage of time or on the occurrence of a declassification event. ~ 4. POLICY REGARDING AUTHORITIES. a. Classification Authority. (1) A distinction is made in the DOE between classification of information, on the one hand, and classification of documents and material, on the other. (FOR THE PURPOSE OF THIS MANUAL, THE TERM "INFORMATION" IS NOT USED TO INCLUDE DOCUMENTS AND MATERIAL. THE TERMS "DOCUMENT"-AND "MATERIAL" ARE USED TO MEAN ONLY THE DOCUMENT OR MATERIAL ITSELF, RESPECTIVELY, AND NOT THE INFORMATION CONTAINED THEREIN.) Those who originally classify NSI (when the information is not covered by a classi­ fication guide or has not otherwise been classified by other authority) must be Authorized Original Classifers. Those who classify documents or material must be either Authorized Original Classifiers or Authorized Derivative Classifiers. (An Authorized Derivative Classifier may classify documents or material only on the basis of classification guidance or other direction of an Authorized Original Classifier.) Thus, before a document or material may be classified, a previous determina­ tion must have been made by appropriate authority that the information contained therein is classified. r DOE 5650.2 12-12-78 11-5 (2) Furthermore, it is DOE policy that only individuals authorized to do so may classify information, documents, or materials. Classification of information requires "original classification authority. II Classification of documents or material requires "derivative classification authority." (a) An Authorized Original Classifier may also classify documents and material on a derivative basis. However, an Authorized Derivative Classifier may make determinations only based on classification guides, classified source documents, or other direction of an Authorized Original Classifier. (b) As recognized by EO 12065, the Atomic Energy Act constitutes the sole authority for classification of RO and FRO. However, although there is no person authorized to classify information as RO or FRO (since such informa­ tion is classified by the Atomic Energy Act itself), it is DOE policy to designate as Authorized Derivative Classifiers individuals who may make the determination that documents and material contain RO or FRO. ~ b. Declassification Authority. r (1) Within the DOE a distinction is made between the declassification of information and the declassification of documents and material. For example, the declassification of documents refers to the process of removing classification markings from documents or the determination that the informa­ tion contained in a document consists only of information that is unclassified or that has previously been declassified by appropriate authority. (2) It is DOE policy that only those authorized to do so may declassify information, documents, or material. The declassi­ fication of information requires a separate and distinct authority from the authority to declassify documents and material. c. The authorities, and limitations and extents thereof, for classification and declassification are expounded upon in ensuing chapters. Those involved in the generation of classified infor­ mation, documents, and material must ensure that not only are their classification or declassification determinations made upon proper authority, but also that such determinations are in compliance with the Atomic Energy Act, EO 12065 and its implementing directives,

11-6 DOE 5650.2 12-12-78 other appropriate statutes and EO's, approved classification policy and guidance, and the provisions of this manual. 5. QUESTIONS, SUGGESTIONS, AND COMMENTS. Questions, suggestions, and comments concerning the DOE classification and declassification program may be directed to the Director of Classification, Department of Energy, Washington, DC 20545. ~ r .:'\, r ~ yo .. \ r DOE 5650.2 12-12-78 1. SECRETARY. CHAPTER III RESPONSIBILITIES AND AUTHORITIES a. Originally classifies information up to Top Secret. I II-I b. Delegates Top Secret original classification authority to those of his principal subordinates who have a frequent need to exercise such authority. c. Determines that specific categories of information are related to national security and require protection against unauthorized disclosure pursuant to section 1-301(9) of EO 12065. d. Exercises, as necessary, the authority granted by section 1-606 of EO 12065 to classify documents when such documents have been requested pursuant to the FOIA or the Mandatory Review provisions of EO 12065. e. Extends the classification of specific categories of information or documents beyond 20 years (30 years for foreign government information) when it has been determined that such extended duration of classification is justified and is consistent with EO 12065. (This provision applies only to information and documents classified pursuant to an EO, and therefore does not apply to RD or FRO.) f. Requests, as necessary, from the Director of the ISOO, waivers from the 10-year review requirement for information reviewed under the Systematic Review provisions of EO 12065. 2. DEPUTY SECRETARY exercises, as necessary, the authority granted by section 1-606 of EO 12065. (See subparagraph Id.) 3. ASSISTANT SECRETARY FOR DEFENSE PROGRAMS. a. Approves basic DOE policy on the classification and declassification of RD, FRO, and NSI; approves the "Classification Policy Guide," which represents such policy. b. Declassifies and transclassifies RD and declassifies FRO in accordance with sections I42(a), (c), (d), and (e) of the Atomic Energy Act. 111-2 DOE 5650. 2 12-12-78 c. Assures DOE implementation of EO 12065. d. Ensures that programs are established to take appropriate and prompt corrective action whenever a violation of the classification or declassification provisions of EO 12065 or the Atomic Energy Act occurs. e. Appoints members of and consultants to the Technical Evaluation Panel. 4. DEPUTY ASSISTANT SECRETARY FOR DEFENSE PROGRAMS chairs the Classification Review committee. 5. DIRECTOR OF CLASSIFICATION. a. Develops (for the approval of DP-l) the DOE "Classification Policy Guide"; coordinates proposed policies with appropriate DOE program organizations. b. Recommends to DP-1 all actions for removing information from the RD category. c. Makes the interpretation of DOE classification policy. d. e. f. g. h. Develops and implements DOE classification and declassification standards, rules, and procedures; conducts programs for the classi­ fication and declassification of information. Assures the preparation, coordination, and issuance of classification guides for all programs that have a potential for involving or generating classified information; approves all program and local classification guides prior to their issuance; prepares, approves, and issues the "Guide to the Unclassified Fields of Research."

Coordinates and assures issuance of classification guidance for classified information generated under the cognizance of the DOE when the classification policy for such information is developed by other Government agencies or foreign governments. Determines the proper classification of information (including establishing classification levels for RD and FRO) and declassifies NSI on a Departmentwide basis, consistent with established DOE classification policy. Conducts a continuing review of RD and FRO and classification guides pertaining thereto in order to determine which information r \ DOE 5650.2 12-12-78 II 1-3 may be declassified and removed from the category of RD without undue risk to the common defense and security. i. Develops classification and declassification standards as required for international agreements for cooperation entered into pursuant to the provisions of the Atomic Energy Act, and reviews and evaluates foreign classification and declassification policies, procedures, and actions established or taken pursuant to such agreements to assure that they are consistent with the requirements of the agreements. j. Administers DOE implementation of EO 12065 and its implementing directives except for those provisions pertaining to special access programs and personnel and ph'ys i cal security. (1) Conducts a continuous review of and revises as necessary DOE classification guides for NSI; maintains an index of all DOE classification guides. (2) Issues Systematic Review guidelines covering 20-year-old classified NSI and 30-year-old classified foreign government information under the purview of the DOE, publishes such guidelines in the "Federal Register," a~d makes such guidelines available to the Archivist of the United States, the Director of the ISOO, and other Government agencies, as appropriate; conducts a Systematic Review of NSI documents as they approach 20 years of age, (30 years for foreign government information); and recommends to the Secretary any specific information or documents that should not be declassified at that time. (3) Publishes in the "Federal Register" those DOE regulations that implement classification aspects of EO 12065; submits such regulations for review by the ISOO. (4) Makes recommendations to the Secretary with regard to the determination of categories of information related to national security and requiring protection against unauthorized disclosure pursuant to section 1-301(g) of EO 12065; ensures that such determinations are reported to the ISOO. (5) Makes recommendations to the Secretary concerning the designation of Top Secret Authorized Original Classifiers; acts for the Secretary in designating Secret and Confidential Authorized Original Classifiers in organizations that do not have Top Secret original classification authority and are not 111-4 DOE 56502 12-12-78 under the immediate jurisdiction of a Top Secret Authorized Original Classifier. Monitors the requirements for and use of original classification authority in DOE and DOE contractor organizations; and maintains a list of all DOE and DOE contractor Authorized Original Classifiers. (6) Acts for the Secretary in designating Authorized Declassifiers and maintains a record of all DOE and DOE contractor Authorized Decl ass ifiers. (7) Requests from the ISOO waivers for NSI, as necessary, from the portion marking requirement of EO 12065, section 1-504.

(8) Represents the Secretary on the Interagency Information Security Committee; acts as the DOE contact with the ISOO; and advises the Secretary and DP-1 with regard to actions and deter­ minations made by the Director of the ISOO affecting the DOE. (9) Collects information for, and prepares and submits reports to the ISOO as required by EO 12065, its implementing directives, and requests of the ISOO. (10) Is the central DOE authority for receiving all requests for declassification review of information under the Mandatory Review provisions of EO 12065. (11) Determines, in coordination with appropriate DOE program organizations, whether the public interest in disclosure of specific NSI outweighs the damage to national security that might reasonably be expected from its disclosure, when such questions arise (section 3-303, EO 12065). [Balancing Test.] (12) Exercises, as necessary, for documents originated before 12-1-78 (the effective date of EO 12065), the authority granted by section 1-606 of EO 12065. (See subparagraph 1d.) (13) Designates personnel, as required, to assist the Archivist of the United States in the Systematic Review of classified information of interest to the DOE. k. Conducts a continuous review of the DOE classification and declass­ ification program to ensure compliance with the classification and declassification provisions of the Atomic Energy Act, EO 12065, and this manual. ~ I r ~ I r DOE 5650.2 12-12-78 111-5 1. Appraises the effectiveness of the classification functions of DOE organizations; provides reports of such appraisals to heads of DOE organizations concerned. m. Develops classification and declassification education and training programs, and administers such programs for HQ personnel and, as required, field organization personnel. n. Reviews all classified documents requested from the DOE under the FOIA, determines the proper classification thereof, and is the DOE denying official with regard to the denial of classified information pursuant to the FOIA; advises system managers with regard to classified documents requested pursuant to the Privacy Act of 1974. o. Reviews all testimony, transcripts, and other documents prepared for the Congress and, as requested, documents prepared by Congress dealing with DOE-related programs involving classified information or where any uncertainty may exist concerning the classification of such documents. p. Conducts classification reviews of documents submitted by uncleared authors. q. Conducts classification and declassification reviews of documents and materials (including patent applications). r. Designates certain Authorized Derivative Classifiers; monitors the requirements for and use of derivative classification authority. s. Obtains service of field organizations, contractor personnel, or private consultants, when necessary, in the classification and declassification programs. t. Approves, after coordination with the appropriate HQ organization, a procedure for discharging classification and declassification responsibilities and authorities related to its HQ-administered contracts. u. Advises and assists heads of DOE organizations with regard to classification and declassification policies and procedures and changes thereto; provides operational guidance to Classification Officers. v. Maintains liaison with, serves as the DOE contact with, and, as appropriate, provides classification and declassification guidance 111-6 DOE 5650. 2 12-12-78

and training to other Government a~encies and priva~e interests on matters concerning DOE classification and declassification policies and procedures. w. Maintains liaison and serves as DOE contact with foreign governments on matters concerning classification and declassification of information. x. Represents DP-l on the Technical Evaluation Panel. y. Makes recommendations to DP-l regarding the appointment of members and consultants to the Technical Evaluation Panel. z. Appoints Responsible Reviewers. aa. Performs other functions assigned by DP-l. 6. DIRECTOR OF SAFEGUARDS AND SECURITY, DIRECTOR OF INTERNATIONAL SECURITY AFFAIRS, AND THE COUNSEL FOR DEFENSE PROGRAMS serve as permanent members of the Classification Review Committee. 7. HEADS OF HQ ORGANIZATIONS. a. Discharge, in relation to their own organization, the responsibilities and authorities specified in subparagraphs 8a-h. b. Establish with the approval of the Director of Classification a procedure to carry out an appropriate classification program for HQ-administered contracts. (Heads of HQ organizations have the same responsibilities and authorities for HQ-administered contracts as are specified for heads of field organizations under paragraph 8.) c. Inform the Office of Classification of all proposed projects or HQ-administered contracts that could involve classified information so that the Office of Classification may assure that appropriate and adequate classification guidance exists or is prepared and provided for such projects or contracts. d. Appoint, as needed, an individual to be responsible for liaison with the Office of Classification, or otherwise arrange to receive day-to­ day classification assistance from the Office of Classification. e. Assure participation by personnel with classification responsibility in the earliest stages of planning of new programs that have a potential for involving or generating classified information. r r DOE 5650.2 12-12-78 111-7 f. Appoint a representative to meet with the Classification Review Committee when requested to do so by the Committee Chairman. 8. HEADS OF FIELD ORGANIZATIONS. a. Establish internal procedures to assure compliance with provisions of this manual. b. Obtain classification guidance from the Office of Classification for programs under their purview that have a potential for involving or generating classified information; assure that all employees in organizations under their supervision receive adequate classifica­ tion guidance for their work. c. Designate, or obtain or assure designation of, Authorized Classifiers, as necessary, for their organization and organizations under their jurisdiction. d. Provide the Office of Classification information required to be maintained by the Office of Classification or reported to the ISOO in accordance with EO 12065 and its implementing directives, or as specified in this manual. e. Establish, when appropriate, procedures for the declassification review of accumulations of classified documents in DOE and DOE contractor files as soon as possible after any chan~e in classifica­ tion policy or guides makes it probable that signiflcant numbers of those documents might be declassified. f. Develop and conduct classification appraisals of subordinate organizations and contractor organizations involved with classified information whose contracts they administer; follow up on appraisal findings requiring corrective action; take action on recommendations made in appraisals of the classification programs under their supervision; ensure that major prime contractor organizations conduct classification appraisals of subcontractor organizations involved with classified information.

g. Take appropriate and prompt corrective action whenever a classification violation occurs within their organization. h. Assist the Office of Classification in preparing program classification guides or revisions thereto. i. Assure that installations under their jurisdiction prepare local classification guides (or receive program classification guides approved for this purpose) covering all classified work being performed. III-8 DOE 5650.2 12-12-78 j. Submit proposed local classification guides and significant changes in local classification guides to the Director of Classification for approval prior to their issuance. k. Designate, when needed, with the concurrence of the Director of Classification, persons to serve as DOE Classification Officers. 1. Assure that appropriate Classification Officers are advised of forthcoming briefings on proposed programs expected to involve classified information to assure the participation of classification representatives in the earliest stages of planning of such programs. m. Assure that approved classification guidance is included with requests for authorization of new work initiated by their organiza­ tions when such work has a potential for involving or generating classified information, and provide copies of such guidance to the Office of Classification at the time of initial distribution. n. Assure that all formal reports written within their jurisdiction in fields that are even partially classified and which are intended for unclassified release are reviewed for classified information by a Classification Officer prior to their unclassified use. o. Assure that papers or presentations involving sensitive information identified by the Director of Classification, to be presented as unclassified by DOE or contractor personnel under their jurisdiction, are submitted to classification authorities for review prior to unclassified use. p. Assure that DOE and DOE contractor personnel within their jurisdiction who deliver papers at conferences are thoroughly informed by classification representatives on existing classifica­ tion guidance in the fields of their respective papers and advised as to potential danger areas in the discussion following their presentation. q. Assure that an appropriate Glassification education program is conducted for DOE and DOE contractor organizations under their jurisdiction. r. Appoint Classification Boards, as appropriate. s. Assure that Systematic Reviews are conducted as required by EO 12065 and this manual. 9. HEADS OF CONTRACTOR ORGANIZATIONS discharge, in relation to their own organization, subcontractors, and suppliers, the responsibilities and authorities specified for heads of field organizations in paragraph ~ , r r DOE 5650.2 12-12-78 111-9 8. If such responsibilities involve submitting information to the Office of Classification, unless otherwise directed such submission should be made through the appropriate field office or HQ organization. 10. CLASSIFICATION OFFICERS. a. Assist or act for the head of their field organization or contractor organization, as appropriate, in exercising their responsibilities and authorities with regard to classification and declassification. b. Provide classification guidance to employees within their organization and, where necessary, to contractors (or subcon­ tractors, as appropriate).

c. Coordinate the preparation of local classification guides for fields of operation or programs within their purview. d. Provide technical advice, as requested, to the Director of Classification on classification matters of mutual interest. e. Initiate classification and declassification reviews of documents originated within their organizations. f. Review reports to ascertain whether they are suitable to submit for formal declassification review by the Office of Classification. g. Conduct classification appraisals of contractor organizations (or subcontractor organizations, as appropriate). h. Conduct a classification education program for their organization and assure that appropriate classification education programs are conducted at subordinate contractors (or subcontractors, as appropriate). i. Maintain continuous contact with appropriate technical staff personnel and conduct liaison with other Classification Officers in related programs. 11. RESPONSIBLE REVIEWERS. a. Advise the Director of Classification with regard to the classification of information within their fields of competence. b. Make recommendations to the Office of Classification regarding the declassification or continued classification of documents or materials submitted for their review. 111-10 DOE 5650.2 12-12-78 12. TECHNICAL EVALUATION PANEL. a. Provides technical expertise and assistance in the evaluation of DOE's nuclear programs in order to assist DP-1 in discharging his duties and responsibilities for the classification and declassi­ fication of information related to these programs. b. Reviews and provides technical evaluations with regard to specific items proposed for declassification, upon request of the Director of Classification or DP-1. 13. CLASSIFICATION REVIEW COMMITTEE. a. Resolves all suggestions and complaints concerning the DOE classification and declassification program that are not otherwise resolved. b. Reviews all appeals of denials of requests for classified documents made pursuant to the Mandatory Review provisions of EO 12065. 14. AUTHORIZED CLASSIFIERS. a. Authorized Original Classifiers. (1) Originally classify NSI (whenever classification guidance, classified source documents, or other direction of another Authorized Original Classifier does not exist for the informa­ tion). Such determinations may be made only up to the level to which the classifier has been authorized (Top Secret, Secret, or Confidential), and may not be inconsistent with established DOE classification policy. (Note: Original classification authority is not necessary to-aetermine that documents or materials contain RD or FRD. See subparagraph 14b.) (2) Submit to the Director of Classification recommendations for the development of a Departmentwide policy concerning information they originally classify so that appropriate classification guidance can be issued. (3) Derivatively classify documents or material up to the level of their original authority. (4) Declassify or downgrade NSI information, documents, or material which they, their predecessor(s), or their subordinates originally classified, so long as such action is not incon­ sistent with DOE classification policy and guidance. r ~ ~' . DOE 5650.2 12-12-78 111-11 15. (5) Top Secret Authorized Ori~ina1 Classifiers. In addition to the foregoing authoritles, Top Secret Authorized Original Classifiers: (a) Are authorized to classify NSI for up to 20 years (30 years for foreign government information), consistent with DOE classification policy.

(b) Designate, as Secret and/or Confidential Authorized Original Classifiers without rede1egation authority, and subject to approval of the Office of Classification, those of their subordinates who have a frequent need to exercise original classification authority. (c) Designate as Authorized Derivative Classifiers those of their subordinates who have a frequent need to exercise derivative classification authority. (See subparagraph 14b.) b. Authorized Derivative Classifiers classify documents and material up to the level of classification to which they have been authorized. This authority applies to the classification-of documents and materials that contain RD or FRD as well as to those which contain NSI only. They may classify documents and material, or change the classification of documents or material that they classified, only on the basis of classification guides authorized for their use, classified source documents, or other instructions from an Authorized Original Classifier. Only heads of DOE or DOE contractor organiza­ tions with original or derivative classification authority who have been authorized to do so may designate as Authorized Derivative Classifiers those of their subordinates who have a frequent need to exercise such authority. The authority to make such designations may be delegated to a principal subordinate (e.g., the Classification Officer). DOWNGRADING AND DECLASSIFICATION OFFICIALS. a. Persons Authorized to Declassify and/or Downgrade Information. (1) NSI not covered by DOE classification policy or a DOE classification guide may be declassified and/or downgraded by those responsible for originally classifying such information (but only as long as they hold the same position or a super­ visory position thereto in which they originally classified the information) so long as they remain Authorized Original III-12 DOE 5650.2 12-12-78 Classifiers. Such information may also be declassified and/or downgraded by supervisors or successors to the persons who originally classified it, but only if such supervjsors or successors are Authorized Original Classifiers. (2) NSI covered by DOE classification policy may only be declassified and/or downgraded by the Director of Clas'sifica­ tion or DP-1 or higher authority. (3) RD and FRD may be declassified only by DP-1. (4) RD and FRO may be downgraded only by DP-1 or the Director of Cl ass ificat ion. b. Authorized Dec1assifiers. (1) Declassify documents and material in the areas in which they have been delegated such authority and which disclose only: (a) Information falling wholly within the "Unclassified" topics of the "Guide to the Unclassified Fields of Research" ; (b) Information identified as unclassified in a classification guide approved for their use in declassifying documents; (c) Information identified as unclassified or which has been declassified by the Director of Classification; (d) Information identical with that disclosed by a previously properly declassified document; or (e) Purely administrative information and revealing no technical or programmatic data. (2) Downgrade documents and material originated under their jurisdiction in accordance with: (a) Classification guides approved for their use in downgrading documents; or (b) Instructions from the Director of Classification. 16. DOE AND DOE CONTRACTOR PERSONNEL. a. Refer questions concerning classification or declassification of information, documents, or material to an Authorized Classifier,

r DOE 5650.2 12-12-78 111-13 (and 1II-14) their classification office, or through channels to the Office of Classification. b. Obtain a determination from an Authorized Classifier on information, documents, or material whose classification is questioned. c. Refer suggestions, complaints, or challenges concerning the DOE classification and declassification program to their classification office or the Office of Classification. r DOE 5650.2 12-12-78 CHAPTER IV CLASSI FICATION IV-1 1. CLASSIFICATION AUTHORITY. The DOE distinguishes between "original" and iiderivative li classification authority. The difference between these two authorities are presented in subparagraphs 1a and lb. (All designations of classification authority must be consistent with DOE personnel security regulations.) a. Original Classification Authority. Authorized Original Classifiers are those who have been designated as classifiers pursuant to EO 12065. They may be delegated the authority to originally classify information at the Top Secret, Secret, or Confidential levels. (1) Designation of Authorized Original Classifiers. (a) Top Secret Authorized Original Classifiers. 1 The Secretary of Energy has been designated as a ~, Top Secret Authorized Original Classifier by r EO 12065. (b) r 2 Only the Secretary may designate as Top Secret Authorized Original Classifiers those of his principal subordinates who have a frequent need to exercise such authority. Each delegation of such authority shall be in writing by title of position held. The number of such delegations shall be held to an absolute minimum. The Director of Classification will monitor the requirements for and use of such authority and is responsible for mak.ing recommendations to the Secretary concerning the designation of Top Secret Authorized Original Classifiers. Secret and Confidential Authorized Original Classifiers. 1 Only Top Secret Authorized Original Classifiers may designate as Secret or Confidential Authorized Original Classifiers those of their subordinates who have a frequent need to exercise such authority. Each delegation of such authority shall be in writing, and shall specify the names and position titles of the persons so authorized. The number of such delegations shall be held to an absolute minimum. All delegations of such authority will be made in consultation with and with the concurrence of the Director of Classification, IV-2 DOE 5650.2 12-12-78 who will monitor the requirements for and use of such authority. 2 The Director of Classification acts for the Secretary in designating Secret and Confidential Authorized Original Classifiers in organizations which do not have Top Secret original classification authority and which are not under the immediate jurisdiction of a Top Secret Authorized Original Classifier. Requests for original classification authority for persons in such organizations shall be made in writing to the Director of Classification and shall specify the names and position titles of those for whom such authority is requested, the name(s) of their organization(s), and a brief explanation of the reason such authority is needed, including the anticipated frequency such authority will be exercised. All delegations of classification authority shall be in writing, specifying the names and position titles of the persons so desig­ nated. A copy of the written designation shall be supplied to the person so designated.

3 When a person with original classification authority changes position, the organization in which such change occurs will promptly notify the Office of Classification. (2) Cancellation of Origlnal Classification Authority. (a) Top Secret Original Classification Authority. 1 When an organization determines that it or a subordinate organization no longer requires Top Secret original classification authority, it shall promptly notify the Office of Classification, specifying the name and position title of the person from whom such authority shall be divested and the effective date of such divestiture. 2 When the Director of Classification determines that an organization no longer requires Top Secret original classification authority, he shall recommend to the person concerned that such authority be cancelled, specifying the reasons therefor. If no agreement can be reached regarding the disposition of the affected classification authority, the Director of Classifica­ tion may refer the matter to DP-l for final determination. r r r DOE 5650.2 12-12-78 IV-3 b. 3 When Top Secret original classification authority is cancelled pursuant to the foregoing proceedings, it may not be reinstated except by an action of the Secretary. (b) Secret and Confidential Original Classjfication Authority. 1 When an organization determines that a position no longer requires Secret or Confidential classifica­ tion authority, it shall promptly notify the Office of Classification, specifying the position title, the name of the person who holds or last held the position, and the effective date of cancellation of authority. 2 When the Director of Classification determines that a position no longer requires Secret or Confidential classification authority, he shall recommend to the head of the organization of the person concerned that such authority be cancelled, specifying the reasons therefor. If no agreement can be reached regarding the disposition of the affected classification authority, the Director of Classification may refer the matter to DP-1 for final determination. Derivative Classification Authority. Authorized Derivative Classifiers are those designated pursuant to this manual to deriva­ tively classify documents or material. A derivative classification action is one in which information is classified in accordance with a classification guide, a classified source document, or other direction of an Authorized Original Classifier. Authorized Derivative Classifiers may not classify information, nor can they classify documents or material except as provided in this subparagraph. (1) Designation of Authorized Derivative Classifiers. (a) The Director of Classification is authorized to designate as Authorized Derivative Classifiers the heads of those organizations that do not have original classification authority but who require derivative classification authority. Heads of organizations who do not have original or derivative classification authority, and who are not under the immediate jurisdiction of an Authorized Classifier shall direct requests for derivative classifica­ tion authority to the Director of Classification. When heads of organizations are under the immediate jurisdiction of an Authorized Classifier, they shall direct requests for derivative classification authority to that person. IV-4 DOE 5650.2 (2) 12-12-78

(b) Only those heads of DOE and DOE contractor organizations with original or derivative classification authority who have been given redelegation authority may designate as Authorized Derivative Classifiers those of their subordi­ nates who have a frequent need to exercise such authority. Each such designation shall be in writing, and shall specify the names and position titles of those authorized. The number of such designations shall be held to an absolute minimum. (c) Those who delegate derivative classification authority may delegate such authority only to the level to which they are authorized to classify and may specify whether and to what extent the authority may be redelegated. Cancellation of Derivative Classification Authority. An organization may determine at any time that a position no longer requires derivative classification authority. Such authority, once removed, cannot be reinstated except through the procedures specified in subparagraph 1b(1). When it is determined that a person who has been delegated derivative classification authority by the Director of Classification no longer requires such authority, the Office of Classification shall be promptly notified, specifying the person's name and position title and the effective date of cancellation. When the Director of Classification determines that a position no longer requires derivative classification authority, he shall recommend to the head of the organization of the person concerned that such authority be cancelled, specifying the reasons therefor. If no agreement can be reached regarding the disposition of the affected classification authority, the Director of Classification may refer the matter to DP-1 for final determination. c. Alternate Classifiers. Those acting in place of Authorized Classifiers in their absence may exercise their classification authority. d. Record and Reporting Requirements. (1) The Office of Classification will maintain a list of Authorized Original C1assfiers by name and position title. Each organ­ ization that has Authorized Original Classifiers shall make periodic reports of the names and titles of such authorities as requested by the Office of Classification pursuant to require­ ments of EO 12065, its implementing directives, and directives of the 1500. r , r DOE 5650.2 12-12-78 IV-5 (2) Each organization that has Authorized Derivative Classifiers shall make periodic reports of the number of such authorities as requested by the Office of Classification. Each such organization shall maintain as a matter of record within that organization a list of the names, titles, and dates of appoint­ ment of all its Authorized Derivative Classifiers. Such lists shall be made available to the Director of Classification or his representative on request. 2. CLASSIFICATION GUIDES. a. Types. (1) The "Classification Policy Guide". (a) The "Classification Policy Guide" identifies information falling within the purview of the Atomic Energy Act that remains classified or that has been declassified pursuant to sect ion 142 of that Act. The "Cl ass ificat ion Policy Guide" also identifies NSI related to DOE programs that has been classified pursuant to EO 1206& (or previous EOls) or that has been declassified or determined to be unclassified. The "Classification Policy Guide" requires the approval of DP-l.

(b) The Office of Classification develops new versions or revisions to the "Classification Policy Guide" in consulta­ tion with the United Kingdom and Canada and with other Government agencies and DOE and DOE contractor personnel, as appropriate. Upon approval of DP-l, the Office of Classification implements the policy. (2) The "Guide to the Unclassified Fields of Research". (a) The "Guide to the Unclassified Fields of Research" identifies areas of work in which information may be generated as unclassified. It is approved by the Director of Classification and may be used to determine that documents and other forms of information are unclassified. (b) Originators (even those who are not Authorized Classifiers) may issue a document or material as unclassified when it has entirely evolved from, and relates only to, work that appropriate authority (such as the Director of Classifi­ cation or heads of DOE organizations) has determined to fall completely within the "Unclassified" topics in the "Guide to the Unclassified Fields of Research." IV -6 DOE 565Q 2 12-12-78 (c) When a document has evolved from and relates to work that appropriate authority has not determined to fall completely within "Unclassified" topics in the "Guide to the Unclassified Fields of Research," the originator may issue it as unclassified only when the information revealed falls clearly and wholly within the scope of previously declassified documents or is purely admini­ strative information and reveals no technical or program­ matic information. (3) Program Classification Guides. (a) Program classification guides are based on the "Classification Policy Guide" and, through topics written in specific terms, denote how classification policy is to be applied to a particular DOE program. Program classifi­ cation guides are issued to cover RD and FRO as well as NSI. Program classification guides dealing with RD and FRO indicate the proper classification level for such information. Those for NSI indicate (in accordance with EO 12065) the classification level, the duration of classification, and the reason for extension of classifi- cation beyond 6 years (if any such information is ~ described in the guide). 1 (b) Program classification guides frequently involve the mission of more than one field organization or the work of another Government agency. They cannot extend the scope of the declassification actions cited in the "Classification Policy Guide. 1I Because program classifi­ cation guides are an implementation of the "Classification Policy Guide,1I their issuance or revision is the responsi­ bility of the Drrector of Classification, who approves them and coordinates them with other Government agencies and foreign governments as required. (c) New program classification guides are developed by the Office of Classification usually in conjunction with other Government agencies and/or DOE organizations responsible for the work, and with DOE and DOE contractor personnel intimately involved in the performance of the work. (d) Upon approval of a program classification guide by the Director of Classification (and other Government agencies, as appropriate), the Office of Classification issues it to the appropriate heads of DOE organizations and other individuals such as the Technical Evaluation Panel r ~ , \ DOE 5650. 2 12-12-78 IV-7 and RR's for their information and use as authorization for classification decisions. (4) Local Classification Guides.

(a) Local classification guides are based on program classifi­ cation guides and provide detailed classification guidance. Although format varies, the content of local classifica­ tion guides is similar to that of program classification guides with regard to indicating classification level, duration, etc. (b) Heads of DOE organizations are responsible for assuring that local classification guides are prepared for all classified work within the jurisdiction of their organiza­ tions. Local classification guides cannot exceed the scope of the declassification actions reflected in program classification guides or other guidance approved by the Office of Classification. Local classification guides must be submitted to the Director of Classification for review and approval before implementation. (c) GUloance prepared by DOE organizations or contractors which exceeds the scope of approved local classification guides constitutes a new or revised local classification guide that the Director of Classification must approve before issuance. (.d~. Unless otherwise .Q.ir~ct;.ed-by the-Offiee-1>f'-Cl-assification, approved local classification guides may be disseminated to other organizations as required. If the area of responsibility of more than one field organization or of another Government agency (such as the DOD) or of a foreign government is involved, the Office of Classifica­ tion will determine whether a classification guide should be a program classification guide. b. Use of Classification Guides and Classified Source Documents. Except for the IiGuide to the Unclassified ~ields of ResearCh," classifi­ cation guides and classified source documents may be used only by Authorized Classifiers to determine the proper classification of information, documents, or material. Because use of classification guides often involves judgments and interpretations of topics, they should be authorized for use only by those who are intimately familiar with the information covered by the guides. Authorized Classifiers may use only those classification guides approved for their use. They must follow the guidance appearing in the classifi­ cation guide when classifying a document or material. When the IV-8 DOE 5650.2 12-12-78 guidance in two or more topics in classification guides appears to conflict, the Authorized Classifier should refer the matter to higher authority (such as a Classification Officer or the Office of Classification). Until the conflict is resolved, the document concerned should be marked and protected in accordance with the most restrictive guid·ance. Those who derivatively classify documents or materials shall verify the classification of source documents to the extent practicable. (See also subparagraph 3c(3).) 3. CLASSIFICATION PROCEDURES. a. Source of Authority. (1) (2) Information Under the Purview of the Atomic Ener1y Act. The authority for the classification of informationalling within the definitions of RD and FRO, and for the classification of documents or materials containing RD or FRO is the Atomic Energy Act. Documents containing RD or FRO may only be classified by Authorized Classifiers (either orjginal or derivative), and only in accordance with classification guides or written notification of the Director of Classification. Note: If information appears to fall under the purview of the Atomic Energy Act but is not covered by approved classification policy or guidance, it should be handled as RD and submitted through channels to the Office of Classification for review.

Information Under the Purview of EO 12065. The authority for classification of NSI and for the classification of docu­ ments and material containing NSI is the Authorized Original Classifier responsible for making the original classification determination concerning the informatiOn. In general, NSI will be covered by a classification guide (approved by the Director of Classification) or the "Classification Policy Guide" (approved by DP-1). b. Classification Criteria. (1 ) (2 ) Restricted Data and Formerly Restricted Data. Information under the purview of the Atomic Energy Act is classified at its inception by that Act. There is no original determina­ tion required to classify such information. National Security Information. ( a) Conditions for Classification. The following two conditlons must be met before information may be classified pursuant to EO 12065: r r ~ ~. " DOE 5650.2 12-12-78 IV-9 1 The information must concern at least one of the following areas: 2 a Military plans, weapons, or operations; b Foreign government information; c Intelligence activities, sources, or methods; d Foreign relations or foreign activities of the United States; e Scientific, technological, or economic matters relating to the national security; f United States Government programs for safeguarding nuclear materials or facilities; or ~ Other areas of information related to national security which require protection against unautho­ rized disclosure as determined by the S~cretary of Energy. (The Director of Classification is respon­ sible for recommending such categories to the Secretary as candidates for classification.) Unauthorized disclosure of the information could reasonably be expected to cause at least identifiable damage to the national security. (Unauthorized disclosure of foreign government information or the identity of a confidential foreign source is presumed by EO 12065 to cause at least identifiable damage to the national security.) (b) Prohibitions. 1 Classification may not be used to conceal violations of law, inefficiency, administrative error, to prevent embarrassment to a person, organization, or agency, or to restrain competition. 2 Basic scientific research information not clearly related to the national security may not be classified. 3 A product of non-Government research and development (R&D) that does not incorporate or reveal classified information to which the producer or developer was given prior access may not be classified until and unless the Government acquires a proprietary interest IV-10 DOE 5650.2 12-12-78 in the product. (This does not affect the provisions of the Patent Secrecy Act of 1952.) 4 References to classified documents that do not disclose classified information may not be classified or used as a basis for classification. 5 Classification may not be used to limit dissemination of information that is not classifiable or to prevent or delay the public release of such information. c. Level of Classification. EO 12065 specifies three levels for classification of NSI. The designations used to specify levels of protection for RO and FRO are the same as those used for NSI. (1) Classification Levels. (a) Top Secret shall be used only for information, the u'nauthorized disclosure of which could reasonably be expected to cause exceptionally grave damage to the national security. (b) Secret shall be used only for information, the unauthorized disclosure of which could reasonably be expected to cause serious damage to the national security.

(c) Confidential shall be used only for information, the unauthorized disclosure of which could reasonably be expected to cause identifiable damage to the national security. (2) Only the three foregoing designations can be used to identify the level of classified information. The term "Unclassified" is used to indicate information that is not classified pursuant to an EO or a statute. Unclassified information normally is not marked as such except to distinguish it from classified information in a classified document when such a distinction is required or serves a useful purpose. Wholly unclassified documents or materials normally need not be marked "Unclassified" unless such a marking would serve a useful purpose. (3) The proper classification level of information or whether information is classified is determined on the basis not only of what the information itself reveals, but also of what may be revealed through association with unclassified information. The determination of whether information should be classi- ~ ... , fied must be based on the assumption that anyone who receives ~ ~ r DOE 5650.2 12-12-78 IV-II the information is highly qualified in the particular field and thoroughly familiar with unclassified information in the general subject area. (4) Foreign government information shall either retain its original classification designation or be assigned a United States classification designation that shall ensure a degree of protection equivalent to that required by the entity that furnished the information. d. Duration of Classification. (1) (2) Restrictep Data and Formerly Restricted Data are classified until declassified by DP-l or, in the case of FRO, by a joint action of DP-I and the DOD. National Security Information. (a) Except as permitted in subparagraph 3d(2)(b), at the time of original classification of information the Authorized Original Classifier shall set a date or event for automatic declassification no more than 6 years later. (b) Only Top Secret Authorized Original Classifiers may classify information for more than 6 years from the date of original classification. This authority shall bp lI~pd sparingly. In sucn cases, the Top Secret Authorized Original Classifier shall set a declassification date or event or a date for declassification review, which shall be as early as national security permits and shall be no more than 20 years after original classification, except that for foreign government information the date or event may be up to 30 years after original classification. (c) Foreign government information will not be assigned a date or event for automatic declassification unless such is specified or agreed to by the foreign government or international organization of governments. e. Determination of Classification Markin s for Documents and Material. Note: The 0 oWlng requlrements app y to materla s, to the extent appropriate, as well as to documents.) (1) Interpretation of Guidance. Those classifying documents on the basis of classification guides or the classification of source documents used in generating such documents shall classify the documents in accordance with the classification guidance IV-12 DOE 5650.2 12-12-78

contained in the classification guides or source documents, as the case may be. When Authorized Classifiers are in doubt about the proper interpretation of a classification guide topic or as to which topic applies, they should refer the matter promptly to the next higher classification authority. The Office of Classification is the final authority for determining proper classification. When Authorized Classifiers are in doubt about the proper classification of information extracted from a classified source document, they should request a determination from its original classifier. If the original classifier cannot be determined, they should then refer the matter to the next higher classification authority. (2) Classification Level. Classified documents generated within the DOE or its contractor organizations will be classified and marked to show the classification levels (i.e., Top Secret, Secret, Confidential) or the designation "Unclassified", as follows: (a) Documents will be marked as a whole to indicate the highest classification of information they contain. The overall classification of a file or grouping of unattached documents or of a group of phYSically connected ~ (b) (c) documents shall be at least the most restrictive classifi- cation of any document therein. Titles and Subject Lines. Titles of documents and subject lines on correspondence should be unclassified, if possible, since they often are used for reference on mail logs, document receipts, and other correspondence. If classified information must be included in the title or subject line, the classification level and category must be indicated. Portion and Page Marking of NSI Documents. 1 Each portion of a document classified in accordance with EO 12065 and containing no RD or FRO will be marked with its classification level (i.e., Top Secret, Secret, and Confidential) or the designation "Unclassified," unless the Director of the ISOO has granted a waiver for that specific class of documents or information. Each portion of a classified document need not be separately marked if all portions are classified at the same level and a statement to that effect is included in the document. When individual portion marking is impracticable, the document shall contain a description sufficient to identify the ~ .... '.., DOE 5650 .2 12-12-78 IV-13 classified information and its classification level. Requests for portion marking waivers shall be submitted to the Director of Classification, who is responsible for submitting them to the IS00. 2 In establishing the classification of each portion of a document, the information in that portion should not be considered as if it were isolated, but should be viewed in the context of the entire document and other known existing information on the same subject. 3 When a comparatively small amount of classified information is to be included in a document, considera­ tion should be given to placing that information in a separate classified annex so that the principal docu­ ment may be unclassified. The same principle should be applied when a document classified primarily at one level contains a comparatively small amount of informa­ tion at a higher level. 4 Each page of a classified document shall be marked to indicate either the highest overall classifi­ cation of the document or the highest classification of information on that page. The same scheme shall be used throughout a document. (Note: This subparagraph also applies to RD and FRD documents.)

(d) Change of Obsolete Markin, "Restricted". The classifica­ tion hRestricted" is 06so ete. Old documents marked "Restricted" shall be revi'ewed, when encountered, by an Authorized Classifier or Authorized Declassifier to determine whether they contain information that is classi­ fied under current classification guides or whether the information is now unclassified. The markings of such documents shall be changed to show the proper classifica­ tion of the information contained. Pending this review such documents shall be considered classified and safe­ guarded accordingly. This instruction also applies to documents bearing the marking "Official Use Only" that were prepared between 7-18-49 and 10-22-51, when that marking within the former Atomic Energy Commission (AEC) was the equivalent of the security classification "Restricted." Note that "Restricted" is an active classi­ fication marking used by some foreign governments and international organizations (e.g., United Kingdom and NATO) . IV-14 (3) (4) (5) DOE 5650.2 12-12-78 Classification Cate~ory. Those who classify documents or materials shall ind1cate thereon the classification category (i.e., RD, FRO, or NSI). There is a hierarchy of classifica­ tion categories: RD, FRO, NSI (in descending order). When a document contains RD, it shall be marked as RD. Documents containing FRO, but not RD, will be marked as FRD. Documents containing NSI, but no RD or FRD, will be marked as NSI. Special markings indicating sources of 1n ormat10n suc as "Foreign Government Information," "NATO", "WNINTEL", etc.) or distribution controls (such as "NOFORN") shall be used on classified documents when such markings are prescribed by a classification guide, source document, or EO, or specific guidance derived therefrom. Classification Authority. In the DOE, a document must be marked to show both the original classification authority for the information it contains and, if appropriate, the Authorized Derivative Classifier who classified it. (See subparagraph 3e(5)(b) for identification requirements for derivative classification authority.) (a) Id~ntification of Original Classification Authority. The determination of the original classification authority for a document depends on several factors, including the source and category of the information and whether the originator has .original classification authority. Origina­ tors of documents who do not have classification authority, must refer such documents to an Authorized Classifier when it is reasonable to expect that the documents contain classified information, or when required to do so by regulations or other requirement. There are three cases to consider when identifying the original classification authority for information in a document. 1 2 The Document Contains Original Classified Information as Well as Classif1ed Information Derived from Other Sources or covered by classification Guidance. In this case the classifier of the document must be an Authorized Original Classifier. If the document ~ ·':t~ ~ J r r r / DOE 5650.2 12-12-78 (b) IV-15

contains RD or FRO, there is no need to identify an original classification authority. The RD and FRO markings, which must be applied in accordance with subparagraph 3e(3), are sufficient evidence of the basis for classification of the information. If documents contain no RD or FRO, the classifiers may either (a) identify themselves as the original classi­ fication authorities for the documents, giving their names and position titles on the documents, either as the signers or originators of the documents (when such is the case) or as their classifiers, or (b) identify on the record or file copies of the documents each of the classification authorities (including themselves) for the information contained in the documents. If the classification authority is a classification guide or other document, it must be referred to with sufficient particularity to be identified and located. On all copies of the document, except the record or file copy, the reference "Multiple Sources" may be used to identify the classification authority. 3 The Document Contains Only Information Derived from Other Sources or Is Covered b¥ Classification Guidance. In this case the classifler 0 the document may be either an Authorized Original Classifier or an Authorized Derivative Classifier. If the document contains RD or FRO, the requirements for RD and FRO under subparagraph 3e(5)(a)2 apply. Otherwise, the identities of the authorities for all classified information in the document must appear on the record or file copy, as required by subparagraph 3e(5)(a)2 for documents with no RD or FRO. On all other copTes of the document the reference "Multiple Sources" may be used to identify the classification authorities if there is more than one original classification authority for the documents; otherwise, the original classification authority must appear on all copies of the document. Identification of Derivative Classification Authority. All derivatively classified documents must be marked with the name and position title of the Authorized Classifier, either as the signer or originator of the document (when such is the case) or as its derivative classification authority. (6) Office of ori~in. All classified documents generated within the DOE will e marked to indicate their office of origin.· IV-16 (7) (8) DOE 56502 12-12-78 Date of Classification. All classified documents generated within the DOE will be marked with the date of classification of the document. If the dates of origin and classification are within 1 year of each other, only one date need be marked on the document. Date or Event for Review or Declassification. ( a) (b) Documents Containin2 RD or FRO are not to be marked for automatic declassiflcation or review. Documents Containing NSI but no RD or FRO will be marked for declassification or review in accordance with the followi ng. 1 New documents deriving their classification from source documents other than classification guides (see subparagraph 3e(8)(b)2) classified under EO's previous to EO 12065 shall-be marked for declassifi­ cation or review as follows. a If the source document bears a declassification date or event 20 years or less from the date of origin (30 years for foreign government informa­ tion), that date or event shall be carried forward onto the new document. b c If the source document bears no declassification date or event or is marked for declassification beyond 20 years, the new document shall be marked with a date for review for declassification at 20 years from the date of original classification of the source document.

If the- source document contains foreign government information and bears no date or event for declassi­ fication or is marked for declassification beyond 30 years, the new document shall be marked for review for declassification at 30 years from the date of original classification of the source document. 2 New documents deriving their classification from classification guides issued before 12-1-78, shall be marked for declassification or review as follows. a If the classification guide topic specifies a declassification date or event 20 years or less from the date of the classification guide, that date DOE 5650.2 12-12-78 IV-17 or event shall be carried forward onto the new document. b If the classification guide topic indicates that the information is to be declassified in accordance with the General Declassification Schedule of c d EO 11652, the new document will be marked as follows: If Top Secret, the document shall be marked for declassification at 10 years from its date of origin; if Secret, the marking shall be for 8 years; and if Confidential, 6 years. The new document may also be marked for automatic down­ grading at 2 years if Top Secret and/or 2 years if Secret. If the classification guide topic indicates that the information is exempt from the General Declassification Schedule of EO 11652, but that documents classified pursuant to the classification guide will be declassified within 20 years of their origination (30 years for foreign gover~ment infor­ mation), then new documents will be marked to be declassified in accordance with the specified dura­ tion measured from their date of origin. If the classification guide topic indicates that the information ;s exempt from the General Declassi­ fication Schedule of EO 11652, with a duration of classification exceeding 20 years (30 years for foreign government information), then new documents will be marked to be reviewed at 20 years from their date of origin (3.0 years for foreign government information). (Note: This subparagraph also applies to information exempt from the General Declassification Schedule, but for which no declas­ sification date or event is given.) 3 Documents representing original classification determinations under EO 12065 (i.e., determinations not based on any other classification policy or guidance) shall be marked with a date or event for declassifica­ tion not later than 6 years from the date of original classification. However, if a Top Secret Authorized Original Classifier determines that the information should be classified for more than 6 years, the document shall be marked with a date or event for declassifica­ tion or review no later than 20 years (30 years for IV-I8 (9) DOE 5650.2 12-12-78 foreign government information) from the date of original classification. 4 Documents deriving their classification from source documents classified under EO 12065 shall be marked with the latest date or event for declassification or review specified for information extracted from the source documents. 5 Documents deriving their classification from classifica­ tion guides issued on or after 12-1-78, shall be marked with the latest date or event for declassification or review specified by the classification guides for the information concerned. Classification guides may specify that the duration of classification is to be measured from the date of classification of the document rather than from the date of the classification guide.

Person Responsible for Extended Classification Period. Except for documents classified derlvatively, all NSI documents whose duration of classification exceeds 6 years, shall cite the name and position title of the Top Secret Authorized Original Classifier who authorized the extended period. (The provisions of this subparagraph do not apply to documents containing RD or FRO.) (10) Reasons for Extended Classification Period. (a) Except for documents classified derivatively, all NSI documents whose duration of classification exceeds 6 years shall be marked to indicate the reason for such extended classification. Classification guides that classify information longer than 6 years shall indicate the reasons for such extended classification. Such reasons shall be provided in the classification guide unless their inclusion would result in a classification level for the classification guide which would inhibit its desirable and required dissemination. In that case the reasons will be recorded on or with the record copy of the classifica­ tion guide. (Documents containing RD or FRO do not need a reason for an extended classification period.) (b) It is presumed that information that continues to meet the requirements for original classification after 6 years also requires continued protection beyond that time. The reasons for extended classification must state as a minimum why the information is expected to meet such requirements for the specified period. r DOE 5650.2 12-12-78 IV-19 4. CLASSIFICATION VIOLATIONS. a. All DOE and DOE contractor personnel involved with classified information shall comply with the classification and declassifica­ tion requirements of the Atomic Energy Act (for RD and FRO), EO 12065 (for NSI), this manual, and classification guides issued pursuant thereto. Those who generate documents or material in DOE atomic energy programs must ensure that they are properly classified or unclassified as the case may be. Those who generate documents or material in other areas within the DOE must ensure that classified information contained therein is properly identified and protected. DOE and DOE contractor personnel shall be subject to appropriate sanctions if they knowingly and willfully: (1) Classify or continue the classification of information, docu­ ments, or materials in violation of EO 12065, its implementing directives, this manual, or classification guides; (2) Violate any other classification provisions of EO 12065, its implementing directives, or this manual; (3) Violate any provision of the Atomic Energy Act with regard to the classification or declassification of information under the purview of that Act. b. S~anctions may include reprimand, suspension without pay, removal, termination of classification authority, or other sanction in accordance with applicable law. Heads of organizations wherein such violations occur shall ensure that appropriate and prompt corrective action is taken (including action to prevent recurrence) and shall promptly notify the Office of Classification. 5. CHALLENGES TO CLASSIFICATION. a. Challenting Classification. Those involved with classified ;nforma ion are encouraged to challenge the classification of information, a document, or material when there is reason to believe that it is classified unnecessarily, improperly, or for an inappro­ priate period of time. Those who wish to make such a challenge should, under normal circumstances, request that those responsible for such classifications reexamine their determinations. If satis­ factory resolutions are not reached, or if the challengers do not wish to challenge the classifiers directly, they may take the matter to higher authority for resolution (e.g., the local Classification Officer or the Director of Classification), or they may follow the formal challenge procedure outlined in subparagraph 5b.

IV-20 DOE 5650.2 12-12-78 b. Formal Challenge Procedure. c. (1) Those wishing to make formal challenges should submit such challenges either to their local DOE Classification Officer or to the Director of Classification. (2) Challengers wishing to maintain their anonymity may request that their supervisors or their local Classification Officers act as intermediaries in transmitting the challenges to the desired recipients. The persons making the challenge must be identified at least to the intermediaries, who will forward the challenge as requested and assure that the reply is delivered to the challenger, preserving the challenger's anonymity at all times. (3) Procedures used to process such challenges and related appeals will be identical to those prescribed for Mandatory Review requests (see chapter VI, subparagraph 3e(1)(a)), with the following exceptions. (a) Local DOE Classification Officers will take the role of the Director of Classification if such challenge is made to them. (b) Action on initial challenges will be completed within 30 days of receipt of the challenge. Suggestions or com~laints concerning the DOE classification program should beirected to the local Classification officer or to the Director of Classification. If a satisfactory response is not received regarding such suggestions or complaints, they may be referred to the Chairman of the Classification Review Committee. 6. CLASSIFICATION REVIEW OF DOCUMENTS FOR PUBLICATION. a. The following procedures shall be followed for the review of information, documents, or material intended for publication. Generally authors will refer documents for classification review to the Director of Classification or the local DOE classification office. If an author refers a document proposed for unclassified publication to a DOE organization other than the Office of Classification, and the content of the document falls outside the local classification authority, the document should be referred to the Office of Classification. b. Providing classification guidance on certain types of information submitted by those who have not been granted access to RD or FRO can constitute a risk to national security. Therefore, such ~ .. : .. ) r " C.-···· DOE 5650.2 12-12-78 IV-21 guidance shall not be given on information that: (1) deals with estimates of stockpile numbers of nuclear weapons and components, special nuclear material, or special nuclear products; (2) describes or attempts to describe nuclear weapons technology or components; (3) deals with location or number of nuclear weapons storage sites; or (4) deals with any other atomic energy subject matter in such a manner that classification review thereof could serve to confirm or deny speculations regarding the nature or substance of highly sensitive RD or FRO. If the information falls in one of the fore­ gOing categories, the author will be advised that it is DOE policy not to comment on such matters. There may arise occasions when, or specific fields of endeavor for which, the DOE will require a more thorough or comprehensive review than set out herein. Such require­ ments will be established on an ad hoc basis.

(1) Review of Documents Pregared by DOE or DOE Contractor Employees. It is recognized that 0 E or DOE contractor employees involved with classified information may from time to time want to release, as unclassified, information developed, or concerning work, under their cognizance. Such proposed disclosures, whether in the form of documents, visual materials~ speeches, or otherwise, must be reviewed by the local classification office or the Office of Classification to preclude the release of classified information. The Director of Classification may require that certain areas of information be reviewed by the Office of Classification. (a) (b) Formal RetOrts. Formal reports that cannot be determined to be unc assified under the "Guide to the Unclassified Fields of Research" pursuant to the authority delineated under subparagraph 2a(2), shall be reviewed by the Contractor Classification Officer, DOE Classification Officer, or the Director of Classification, as appro­ priate, before they may be determined to be unclassified. Conferences and Symposia. At times the DOE or its contractor organizations sponsor or participate in confer­ ences and symposia that are intended to be unclassified but relate to sensitive programs. To minimize the risk of revealing classified information at such meetings, the following procedures apply to information pertaining to sensitive programs as identified by the Director of Classification (e.g., information relating to weapons, nuclear explosive devices, naval nuclear propulsion, and the production of special nuclear material or other critical weapon material, including pertinent isotope separation methods). IV-22 (2 ) (3) DOE 5650.2 12-12-78 1 Review of Papers. Papers that concern sensitive programs are to be submitted to DOE classification authorities for review before unclassified use. These reviews shall be conducted by a Classification Officer or the Office of Classification. Any papers determined to be clearly covered by the "Guide to the Unclassified Fields of Research" are exempt from this procedure. 2 Briefings. All DOE or DOE contractor personnel who are to deliver papers that concern sensitive programs shall be thoroughly briefed by local DOE or DOE contractor classification representatives on classification guidance in the field covering the subject matter of their respective papers and advised of the danger areas in discussions following their presentations. Such briefings can take place at the conference site if more conveni ent. Review of Documents Submitted by Uncleared Authors. Documents voluntarily submitted for review by an uncleared author who, to the best of the reviewer's knowledge, has never had access to classified DOE information, should be forwarded to the Office of Classification for review. After review, the Office of Classification shall advise the author, to the extent possible within the bounds of security, whether the documents contain classified information. In the course of such a review, the Office of Classification shall refer the documents to other HQ organizations and other Government agencies as it deems appropriate. If the review reveals that a document contains classified information, appropriate notification will be given to the Office of Safeguards and Security. (a) Reports of inventions and discoveries useful in the production and utilization of special nuclear material or atomic energy and relating to sensitive programs as identified by the Director of Classification that are forwarded by the Assistant General Counsel for Patents to the Office of Classification shall be reviewed to deter­ mine whether the reports contain classified information.

(b) Patent applications referred to the Assistant General Counsel for Patents by the Commissioner of Patents and Trademarks under section 151(d) of the Atomic Energy Act and forwarded to the Office of Classification shall be r , r DOE 5650.2 12-12-78 (4 ) IV-23 reviewed to determine whether classified information is contained therein. (c) Both reports and patent applications shall be handled in accordance with section 151{e) of the Atomic Energy Act and shall be kept in confidence by the DOE and not be referred to an RR for classification review without express written approval of the Assistant General Counsel for Patents. Review of Documents Submitted by Formerly Cleared Persons and by Authors wlth Actlve clearances. Documents submitted by formerly "QIi, lI[iI, "TS", and "Sil cleared persons, by persons with active DOE clearances (other than DOE or DOE contractor employees), and by persons formerly or presently cleared by other Government agencies shall be reviewed by Classification Officers or the Office of Classification, and the author will be required to delete any classified informa­ tion contained in the document, prior to unclassified publication. 7. CATEGORIES OF NUCLEAR PROGRAMS. Nuclear programs that the DOE conducts in its own laboratories or sponsors in non-DOE facilities range from completely unclassified to wholly classified. The DOE conducts as much of this work as possible on an unclassified basis so as to promote the free interchange of ideas essential to scientific and industrial progress and public understanding, while, at the same time, safeguarding the national security. As a guide to the safeguarding of classified information, the following categories have been established for nuclear programs. a. Category I. (1) A Category I program is one in which the information generated or utilized in performing the work falls wholly and clearly within the "Unclassified" topics of the "Guide to the Unclassified Fields of Research" and which, therefore, presents essentially no chance for the development of classi­ fied information. When a program qualifies for Category I, heads of HQ organizations and heads of field organizations, as appropriate, may establish it in this category. For Category I programs, no classification guidance need be furnished and no classification monitor is necessary. (2) When a program does not fall within the "Unclassified" topics of the "Guide to the Unclassified Fields of Research" but nevertheless presents no likelihood for developing classified information, the Director of Classification may IV-24 DOE 5650.2 12-12-78 establish it in Category I. When classified information is developed in or used to further a Category I program, the program shall be transferred to Category III. b. Category II. (1) A Category II program is one in which the information _i generated or utilized in performing the work falls wholly and clearly within the "Unclassified" topics of authorized classification guides other than the "Guide to the Unclassified Fields of Research" and which has only a small potential for the development of classified information. When a program qualifies for Category II, heads of HQ organizations and heads of field- organizations, as appropriate, may, when the c1assffication guides in question have been approved for their use, establish the program in this category and authorize the work to be performed on an unclassified basis. However, the organization assigning the work shall:

(a) Appoint a person, usually the principal investigator, as an Authorized Classifier to monitor the work to assure that any classified information generated or utilized in the program is identified and properly classified so that appropriate security measures will be applied. (b) Be responsible for providing the Authorized Classifier adequate classification guidance. (2) When classified information is developed in, or used to further a Category II program, the program shall be transferred to Category III. c. Category III. (1) A Category III program is one in which the information generated or utilized in performing the work does not fall wholly and clearly within the "Unclassified" topics of the "Guide to the Unclassified Fields of Research" or other properly authorized classification guides and must, therefore, be conducted on a classified basis. (2) The organization assigning a program under Category III shall be responsible for furnishing adequate classification guidance to the contractor organization and shall request the contractor organization to appoint a Classification Officer or to arrange with the responsible DOE field organization for classification assistance. r r r DOE 5650.2 12-12-7B V-I CHAPTER V CHANGE OF CLASSIFICATION 1. SCOPE. a. The term "Change of Classification" means any of the following. (I) Upgrading; (2) Downgrading (but not declassification); (3) Transclassification and change of classification category; (4) Change of duration of classification. b. A distinction is made between change of classification of information and change of classification of documents and materials. 2. AUTHORITY TO CHANGE CLASSIFICATION. a. Infonmation. (1) Restricted Data and Formerly Restricted Data. Only DP-l ;s authorized to transclassify RD. (See chapter II, paragraph 2, and chapter III, paragraph 3.) The Director of Classifica­ tion is the only person (other than DP-l) authorized to set and change the level of classification of RD and FRD. (2) National Security Information. Only the Director of Classification, DP-l or higher authority, or Authorized Original Classifiers may upgrade, downgrade, or change the duration of classification of classified NSI, consistent with DOE classification policy. Authorized Original Classifiers only have authority over information which they, their prede­ cessors, or their subordinates originally classified. Informa­ tion may be classified beyond 6 years only by a Top Secret Authorized Original Classifier, but with the limitation that such information must be declassified or reviewed for declass­ ification within 20 years of its origination (30 years for foreign government information). (See also chapter III, paragraph 14.) b. Documents and Material. A change of classification markings on documents or material may be authorized only by Authorized V-2 DOE 5650.2 12-12-78 Classifiers or by Authorized Dec1assifiers (see chapter III, para­ graphs 14 and 15, for limitations on these authorities). A change of classification markings may be carried out by custodians upon receipt of notification from such proper authority. If such changes are authorized through classification guides, only those authorized to use the classification guides may make changes, or direct that changes be made, on documents or material affected by the change. Custodians of documents or materials on which an automatic change of classification has been marked may implement such changes as directed without requiring authorization to do so. (See also chapter 'I I I, paragraph 15.)

3. AUTOMATIC DOWNGRADING. Classified NSI should be designated for automatic downgrading if the classifier determines that the sensitivity of the information will diminish with the passage of time in a predictable manner. Documents or material containing such information should be marked with the schedule for their downgrading unless they also contain information not subject to automatic downgrading. Custodians of docu­ ments marked for automatic downgrading shall downgrade them as follows. (~: The following applies to materials as well as to documents.) a. Documents Classified Pursuant to EO 10501. (1) (2) (3 ) Grou§ 3. Documents under Group 3 of EO 10501, as amended by EO 1096 , shall be downgraded as follows: Top Secret to Secret at 12 years from date of origin of the document; Secret to Confidential at 12 years from origin (unless the document was originally classified as Top Secret, in which case downgrade to Confidential at 12 years from the time it was downgraded to Secret). All such documents must be reviewed for declassifica­ tion at 20 ~ears from origin (30 years for foreign government information) unless declassified earlier. Group 4. Documents under Group 4 of EO 10501, as amended by EO 10964, shall be downgraded as follows: If originated on or before 12-1-66, they shall be declassified immediately. If originated on or after 12-2-66, and on or before 5-31-72, downgrade to Confidential and declassify at 12 years from date of origin. Grouss 1 and 2. Documents under Groups 1 and 2 of EO 10501, as amen ed by EO 10964, are not automatically downgraded. b. Documents Classified Pursuant to EO 11652. (1) Advanced Declassification Schedule. Documents marked for automatic downgrading ln advance of the General Declassification Schedule of EO 11625 shall be downgraded in accordance with the r DOE 5650.2 12-12-78 (2) (3) schedule for downgrading marked on the documents. otherwise specified on the documents, they will be the General Declassification Schedule for the rest they remain classified. ~3 Unless subject to of the time General Declassification Schedule. Documents marked as being subject to the General Declassification Schedule of EO 11652 shall be downgraded as follows: Top Secret to Secret at 2 years from date of origin of the document, and Secret to Confidential at 2 years from date of origin (unless the document was originally classified as Top Secret, in which case it is 2 years from the time it was downgraded to Secret). Confidential documents will be declassified 6 years from date of origin (or from the date at which they were downgraded to Confidential). Exempt from the General Declassification Schedule. Documents marked as being exempt from the General Declassification Schedule of EO 11652 normally were not marked for automatic downgrading. When such documents have been marked for automatic downgrading, they shall be downgraded in accordance with the schedule for downgrading marked on the documents. If such a schedule would extend the classification of the document beyond 20 years from its date of origin (3D years for foreign govern­ ment information), then the document is subject to declassifi­ cation review at 20 years (3D years for foreign government information). c. Documents Classified Pursuant to EO 12065 and marked for automatic downgrading will be downgraded in accordance with such markings.

4. NOTIFICATION OF UNSCHEDULED CHANGES. Notification of transclassification, change of duration of classification, upgrading, and unscheduled down­ grading of information shall be made by written announcement and may be ~ in the form of a classification guide. Those authorizing a change in classification of doc~ments will ensure that all holders of the documents are notified as follows. a. Top Secret Documents. The person authorizing the change of classification of a Top Secret document shall notify the Office of Safeguard! and Security, which shall notify custodians of all copies. b. Secret and Confidential Documents. The person authorizing the change of classification of a $ec~et or Confidential document shall ensure that all known holders of the document are notified. V-4 DOE 5650.2 12-12-78 c. Formal Reports. The person authorizing the change of classification of a formal report that has been distributed outside the originating organization, shall provide a copy of the change of classification notice to the Technical Information Center, Oak Ridge, Tennessee 37830, for inclusion in the "Change of Classification Notices" in "Abstracts of Limited Di str ibut ion Reports." d. Forwarding of Notices. If the recipient of a classification change notice has transmitted the document to another custodian, the change notice should be forwarded to the new custodian. e. Content of Notices. Classification change notices should identify the document as fully as possible, citing the title (or briefly describing the document), the identification number if any, the author, the document date, the person authorizing the change, and the nature and date of the change. ~ I 5. MECHANICS OF CHANGING CLASSIFICATION MARKINGS ON DOCUMENTS. The person changing the markings of a document upon receipt of proper authorization shall mark the new classification or date or event for declassification or review on the document and delete the former markings. The following statement shall also be placed on the first page of the document: ~Classification (Declassification/Review date) changed to TTnSert appropriate classification or date) by authority of (Date), -ro(ATu~t::'t::h~o~r ~it~y~fo~r~c"l:"h':"':an~g~e~l n::--:c:"'\"l":-aSSTf'Tc at ion ) by (Date)." ...(....S...; g-n-a""t-u-re--o""f-pe-r-s-o-n-m-a"Tk-;-n-g-c""'l'"h-a-n-ge-)r------ " r r DOE 5650.2 12-12-78 CHAPTER VI DECLASSIFICATION VI-1 1. DECLASSIFICATION AUTHORITY. Both the Atomic Energy Act and EO 12065 have speclfic requirements with regard to the declassification of information. (See chapter II for specific policy on the classification and declassification of information.) A distinction is made between classification of information and declassification of documents and materials. a. Declassification Authority for Information Classified as RD or FRO. Only DP-l may declassify RD and FRO. (See chapter II and Chapter III, paragraph 3, for more specifics.) b. Declassification Authority for NSI is limited to the original classlflers of such information, the Director of Classification, and DP-1. (See chapter III, paragraphs 14 and 15, for the extent an limitations of such authority.) c. Declassification Authority for Documents and Material. Documents and material may be declassified by the Director of Clussification, Authorized Original Classifiers, or Authorized Declassifiers. A custodian of classified documents or material does not require declassification authority in order to proceed in accordance with a declassification notice from an authorized source. (See chapter III, paragraphs 14 and 15, for the extent and limitations of such authority.)

(1) Designation of Authorized Declassifiers. (a) The Director of Classification may designate qualified, personally named DOE and DOE contractor employees as Authorized Declassifiers. Only heads of DOE or DOE contractor organizations with declassification authority may be authorized to delegate declassification authority for their organizations. All delegations will be in writing and will specify the following: (1) names and position titles of those authorized to declassify; (2) the jurisdiction of the authority (limited as a maximum to the jurisdiction of the person delegating the authority); and {3} whether the authority may be redele­ gated. All delegations of such authority will be made in consultation with, and with the concurrence of, the Director of Classification. VI-2 00£ 5650.2 12-12-78 (b) When a person who has been designated as an Authorized Declassifier changes position, the organization in which such change occurs will promptly notify the Office of Cl ass ificat ion. (c) The Office of Classification will monitor the requirements for, and use of, declassification authority and will maintain a list of names and position titles of Authorized Declassifiers. (2) Cancellation of Declassification Authority. When an organization determines that one of its Authorized Dec1assifiers no longer requires declassification authority, it shall notify the Office of Classification, specifying the name and position title of the Authorized Declassifier and the effective date of cancellation of the authority. When the Director of Classification determines that a person no longer requires declassification authority, he shall inform the Authorized Declassifier who originally delegated declassification auth­ ority to that person. The determination may be appealed within 20 working days to DP-l for final determination. If no appeal is made within that period or DP-l decides in favor of the original detenmination, the cancellation will take effect. (3) B.~cord __ ~n~BeEo!'.~ing ~equirements. Each organization that has Authorlzed Ueclassifiers shal I make periodic reports of the names and titles of Such persons as requested by the Office of Classification pursuant to requirements of EO 12065, its implementing directives, and directives of the ISOO. 2. AUTOMATIC DECLASSIFICATION. a. Old Documents and Material. All documents and material classified pursuant to EO 10501, as amended by EO 10964, and assigned to Group 4, shall be declassified at 12 years from their date of origin. All documents and material classified pursuant to EO 11652 and marked for declassification (1) in advance of the General Declassification Schedule, (2) in accordance with the General Declassification Schedule, or (3) exempt from the General Declassification Schedule but with a date or event for automatic declassification within 20 years of origin of the document or material (30 years for foreign government information), shall be downgraded and/or declassified in accordance with such markings. r DOE 5650.2 VI-3 b. New Documents and Material. All information, documents, and material classifled pursuant to EO 12065 shall be declassified or reviewed for declassification in accordance with their assigned declassification or review dates, unless declassified earlier. Restrictions on setting the classification duration of information, documents, and material classified pursuant to EO 12065 are discussed in chapter IV, subparagraph 3d.

3. UNSCHEDULED DECLASSIFICATION. Classified information, documents, and materials may be declassified at any time by persons authorized to do so, but only in accordance with DOE classification policy, classifica­ tion and declassification guides, and other authorized guidance. All NSI and NSI marked documents and material must be declassified or reviewed for declassification before they reach their 20th anniversary (30th anniversary for foreign government information). Within the DOE, information, documents, and material will be reviewed in accordance with one of the following declassification review procedures. a. Standard Declassification Review. (1) The standard declassification review procedure may be used for formal reports produced as a result of work for the Manhattan Engineer District, the AEC, ERDA, the DOE, and their contractors. (2) In organizations that have a Classification Officer, requests for standard declassification review will be submitted to the Classification Officer. If there is no Classification Officer, such requests will be submitted directly to the Office of Classification. (3) Classification Officers who believe that reports for which standard declassification reviews are requested are declassi­ fiable, shall transmit two copies of the report with their evaluation to the Office of Classification. A Classification Officer may also refer the report to an appropriate RR. If a patentable matter is involved, the Classification Officer shall also transmit a copy of the report to the assigned DOE patent counsel having patent surveillance of the contract or subcontract. (4) Upon receipt of a request for standard declassification review, the Office of Classification may transmit a copy of the report whose review is requested to an appropriate RR for review. When RR's review reports under this provision, they shall transmit the copy of the report reviewed along with their recommendations to the Office of Classification. VI-4 DOE 5650.2 12-12-78 (5) In addition to reviewing reports submitted for standard declassification review, the Office of Classification will consider the comments of the Classification Officer submitting the request, the RR, and any other organization asked to review the report. The Director of Classification will make the final determination concerning the declassification of the report. The Office of Classification will notify the Classification Officer who initiated the request, or the individual initiating the request when the request is made directly to the Office of Classification, with regard to the declassification determination. If the declassification action is taken before receipt of a patent clearance, the notice shall state that the report shall be handled as "Official Use Only" pending patent clearance. The assigned DOE patent counsel shall review reports submitted for declassification and patent review and reply directly to the Classification Officer, if one is involved, concerning the release of the report from a patent standpoint. In all cases, the assigned DOE patent counsel will notify the Office of Classification and the Manager of the Technical Information Center with regard to the releasability of the report from a patent standpoint.

(6) Notification of declassification will be transmitted to the ~ Classification Officer who initiated the review (for reviews initiated in this manner) or to the individual who requested the review (for requests made directly to the Office of Classification), the assigned DOE patent counsel (for reports involving patentable matters), and the Technical Information Center. Upon receipt of notification of declassification and, where appropriate, patent clearance, the Classification Officer or other initiator of the declassification review, shall assure that all holders of copies of the report are notified of the declassification. b. Review by Authorized Declassifiers. (1) Authorized Declassifiers shall review documents or materials submitted to them for declassification review, in accordance with classification guidance approved for their use. If, as a result of their review, it is determined that the documents or materials are declassifiable, the reviewer will declassify them. If it is determined that the documents or material are not declassifiable in accordance with classification guidance approved for their use, but it is believed that they may be declassifiable under other guidance, the Authorized Declassifers may refer them for further processing in accordance with subparagraph 3a to the appropriate Classification Officer, if r r DOE 5650.2 12-12-78 VI-5 one exists. If there is no appropriate Classification Officer, such referrals shall be to the Office of Classification. (2) Declassification of a technical document does not permit release until clearance has been obtained from the assigned DOE patent counsel. The organization declassifying the document shall ensure that it is submitted for patent clearance review. (3) The person who declassifies a document shall assure that known custodians of all its copies and the Office of Classification are promptly notified. c. File Clearance Review. (1) Files containing classified documents that are either obsolete or deal with an activity that has been declassified or discon­ tinued should be reviewed to declassify those documents no longer requiring security protection. Heads of DOE organiza­ tions and Classification Officers may arrange with the Office of Classification for declassification review after removal of documents for which official notification of declassification has been received, removal of all documents that can be destroyed, and review by the local Classification-Officer of the documents within their declassification jurisdiction. (2) The Office of Classification shall review the documents in accordance with applicable classification guidance. When appropriate, the comments of an RR and/or the views of other organizations including other Government agencies or foreign governments will also be obtained. The organization requesting the review shall obtain patent clearance from the assigned DOE patent counsel for all documents declassified which concern a patentable matter. Such declassified documents shall be handled as "Official use Only" until patent clearance is received. Notices of patent clearance will be sent directly to the individual organization requesting the clearance, with a copy to the Office of Classification.

d. Patent Application Review. The Assistant General Counsel for Patents, Office of the General Counsel, initiates requests for declassification review of all patent applications. He shall transmit one copy of the patent application to the Office of Classification, which will review it to determine if it may be declassified in accordance with current DOE classification policy. The Office of Classification may refer questions about declassi­ fication of DOE patent applications to an RR for review and recom­ mendations. However, classified private non-DOE patent applications shall not be referred to an RR without the express written approval of the Assistant General Counsel for Patents. Such special handling VI-6 DOE 5650.2 12-12-78 of patent applications as is necessary to comply with section 151(e) of the Atomic Energy Act and as may be required to protect the patent position of the United States Government will be observed. Upon completion of the required review, the Office of Classification will return the patent application to the Assistant General Counsel for Patents with the determination. e. Revi,ew Pursuant to EO or Statute. EO 12065, the FOIA, and the Prlvacy Act contaln provisions requiring classification review of information and documents. The procedures for carrying out such reviews are given in the following subparagraphs. (1) EO 12065 requires the establishment of procedures for Mandatory Review and Systematic Review for declassification of informa­ tion and documents. (a) Mandatory Review. A member of the public, a Government employee, or a Government agency may request a Mandatory Review for declassification of information or documents. Such requests should be sent to the Director of Classification, U.S. Department of Energy, Washington, DC 20545. The following procedures will be' followed in responding to such requests. 1 The Office of Classification will immediately acknowledge r.ecei pt of the request in writ ing. (Cl ass i­ fication coordination requests from other Government agencies for information or documents requested under the Mandatory Review provisions of EO 12065 do not require such an acknowledgement.) 2 If a request does not describe the information or documents to be reviewed well enough so that a search can be made, the requester shall be asked to provide more information and shall be informed that no further action will be taken unless and until the information or document requested is described well enough to conduct a search. 3 Information and documents less than 10 years old originated by the President, the White House Staff, or committees or commissions appointed by the President, or by others acting on behalf of the President, are exempted from these Mandatory Review provisions. However, such information and documents over 10 years old shall be subject to Mandatory Review for declassi­ fication. Requests for Mandatory Review of such r \ r· DOE 5650.2 12-12-78 VI-7 information or documents shall be processed in accord­ ance with procedures developed by the Archivist of the Un ited States. 4 The DOE will also process Mandatory Review requests that involve RD or FRO in accordance with the Mandatory Review procedures described herein. 5 Every effort will be made to complete action on each request within 30 days of its receipt. If action cannot be completed within 30 days, the Director of Classification shall so advise the requester and specify why more time is necessary. Actions on all requests made pursuant to the Mandatory Review provi­ sions of EO 12065 will be completed within 60 days of the request.

6 If the Director of Classification determines that requested information or documents must remain classi­ fied pursuant to the Atomic Energy Act or EO 12065, the requester shall be promptly notified in writing, with a brief statement as to why the information or documents cannot be declassified. As appropriate, classified sections of a requested document shall be identified, and the requester shall be advised that a "sanitized" document can be provided, with an appro­ priate unclassified description of the deleted informa­ tion. When requested information or documents are denied in whole or in part, the requester shall be notified that an appeal of the determination can be made to the Classification Review Committee. 7 If any requested information or documents can be declassified and released, the requester shall be notified, and the information or documents will be made available to him. 8 Requesters who are denied information or documents on the basis of classification may appeal such denials in writing to the Chairman of the Classification Review Committee, Office of the Assistant Secretary for Defense Programs, U.S. Department of Energy, Washington, DC 20545. Appeals shall specify why the requester believes that the information or document does not warrant classification. Such appeals must be submitted to the DOE within 60 days of notification of denial of the original request. VI-8 DOE 5650.2 12-12-78 9 Immediately upon receipt of an appeal request, the Chairman of the Classification Review Committee shall bring the appeal to the attention of the perma­ nent Committee members and any DOE organizations that may have an interest in the subject of the appeal. 10 The Director of Classification will provide the Chairman of the Classification Review Committee all information, documents, and other documentation pertinent to the appeal, and advise the Committee with regard to the classification of the information involved. 11 The Classification Review Committee will act upon and decide the appeal within 30 days of receipt of the appeal request by the Chairman of the Committee. The appeal will be decided by a simple majority vote of those serving on the Committee (one vote per organiza­ tion represented), except that the Chairman will vote only to break a tie. Owing to the unique nature of RD and FRO, the Classification Review Committee cannot overturn the decision of the Director of Classification concerning denial of documents determined to contain RD .~ or FRO. When the Committee decides that such a denial should be overturned, it will refer the matter to DP-l for final determination. 12 When the Classification Review Committee has made a determination, it will promptly notify the requester of the appeal decision. If the Committee determines that any information or documents that were originally denied can be declassified and released, the Chairman will make the information or documents available to the requester. If the Committee determines that requested information or documents must remain classified, the Chairman shall give the requester a brief statement why they cannot be declassified. (b) Systematic Review. 1 The Office of-Classification shall issue and maintain Systematic Review guidelines for 20 year old classified NSI and 30 year old classified foreign government information in accordance with the requirements of EO 12065 and its implementing directives. Such guidelines shall be prepared in consultation with the Archivist of the United States, and, where appropriate, with the foreign government or international organization

r··· :: r DOE 5650.2 12-12-78 VI-9 concerned. They will be submitted to the ISOO for review. Approved guidelines will be authorized for use by the Archivist of the United States and may be approved by the Director of Classification for use by other Government agencies. Such guidelines shall be reviewed at least every 2 years and revised as neces­ sary unless an earlier review or revision is requested by the Archivist of the United States. 2 Systematic Review Guidelines. ! Systematic Review guidelines shall state specific limited categories of information which, because of their national security sensitivity, should not be declassified automatically, but should be reviewed item-by-item to determine whether continued protec­ tion beyond 20 years (30 years for foreign government information) is needed. b All documents that contain information (other than foreign government information) classified in accordance with an EO and not identified in these guidelines as requiring review and for'which a prior automatic declassification date has not been estab­ lished, shall be declassified automatically at the end of 20 years from the original classification date. The guidelines should identify foreign government information that can be declassified automatically without review, since omission of reference to such information from the guidelines does not indicate that it can be automatically declassified. 3 Classified information constituting permanently valuable records of the Government, as defined by 44 USC 2103, shall be reviewed for declassification as it becomes 20 years old (30 years for foreign govern­ ment information). In accordance with EO 12065, only the Secretary may extend classification beyond 20 years for information under DOE jurisdiction (30 years for foreign government information). This authority may not be delegated. The Office of Classification shall conduct the DOE Systematic Review program. When information or documents are identified as requiring classification beyond 20 years (3D years for foreign government information), the Director of Classification VI-I0 (2) (3 ) DOE 5650.2 12-12-78 shall prepare an action for the Secretary to authorize such extension of classification. Classification may be extended only up to 10 additional years unless the Director of the ISOO has authorized a longer time. In such cases when an extension longer than 10 years is necessary, the Director of Classification, in coordina­ tion with the DOE organizations having an interest in such extension, will prepare an action for the Secretary to request such an extension from the Director of the ISOO. Such requests will include the Secretary's personal certification (a) that the classified information for which the extension is requested was systematically reviewed; (b) that a definitive date for declassification could not then be determined; and (c) that the results of the review established an identifiable need to continue classification for at least the extended period of time requested. 4 Personnel that the Director of Classification assigns pursuant to chapter III, subparagraph 5j(13), to assist the Archivist of the United States in the Systematic Review of information shall provide guidance and assistance to National Archives employees in identifying and separating documents and specific categories of information within documents which are deemed to require continued classification.

FOIA and Privacy Act Requests. Classification review and other actions regarding review of classified information and docu­ ments requested pursuant to the FOIA or the Privacy Act shall be conducted in accordance with the provisions of this manual and the DOE Order on FOIA. Confirmation of Existence of Documents. Persons responding to requests for classified documents made pursuant to the FOIA or the Mandatory Review provisions of EO 12065 may not refuse to confirm the existence or nonexistence of the documents, unless the fact of their existence or nonexistence would itself be classifiable. f. Visual Material Review. All visual material proposed for decJasslflcatlon Wl 11 be reviewed in accordance with the appropriate review procedures described above. Before visual materials repre­ senting weapons fabrication facilities, nuclear materials production facilities, or military reactor facilities, which include substan­ tial information on surrounding terrain or structural features not r r DOE 5650.2 12-12-78 VI-ll obtainable through offsite or overhead reconnaissance, may be published, they must be referred to a DOE field organization or the Office of Classification, as appropriate, for review. (Such reviews will be conducted in accordance with subparagraph 3b.) g. Other Reviews by the Office of Classification. (1) Under certain circumstances, the Director of Classification may determine that the declassification review of documents or material dealing with specified areas of information must be conducted by the Office of Classification. (2) When the head of a DOE organization or his designated representative determines that an immediate declassification review that is beyond the local declassification authority is required, or in any case if he so wishes, he may request a priority review by the Office of Classification. The Office -of Classification will conduct the review for declassification in accordance with applicable classification guidance and will obtain the views of other organizations, including other Government agencies or foreign governments, when necessary. It will also, when necessary, obtain the advice of the Assistant General Counsel for Patents concerning patent clearance of the documents. Upon receipt and evaluation of required comments, the Office of Classification will return one copy of the document to the initiator of the declassification request with an official notification of final action. 4. NOTIFICATION OF DECLASSIFICATION. a. Where practicable, the custodian of a document that is declassified shall assure that all other custodians of copies are notified regarding the declassification action. For formal reports, a copy of the notice shall be sent to the Technical Information Center, Oak Ridge, Tennessee 37830, for inclusion in the "Change of Classification Notices" in "Abstracts of Limited Distribution Reports." b. The Office of Classification shall be notified promptly of each formal report declassified and the authority for the action and/or pertinent guide topic. c. Custodians of documents or materials marked with a date or event for automatic declassification do not require declassification authority to declassify them in accordance with those markings. When such documents or materials are declassified ;n accordance with such markings, it ;s not necessary to make notification of such act ion. VI-12 DOE 5650.2 12-12-78

5. MECHANICS OF DECLASSIFYING DOCUMENTS. The person who changes the classification markings on a document to "Unc13ssified" upon receipt of proper authorization, shall line out the classification markings and place the following statement on the first page of the document: "Classification cancelled by authority of ~-, __ ~~~ ____ ~~~ ___________ (Date), by (Declassification authority) ~~~----~------~~~~~~--~ (Signature of person marking the change) (Date)." ~ .. '"j r· DOE 5650.2 12-12-78 1. OBJECTIVES. CHAPTER VII CLASSIFICATION EDUCATION VII-l a. Employees of the DOE and its contractor organizations and others who may have access to, or generate, classified information must have an understanding of classification policies, principles, and procedures to the extent required by their duties. The classification educa­ tion program is intended to provide such an understanding. b. For the purpose of the classification education program within the DOE and its contractor organizations, those having access to classified information may be divided into two main groups: (1) those whose activities require no decision on their part for the protection of classified information beyond those prescribed by security regulations, and (2) those who handle or generate classi­ fied information in a manner and to an extent requiring them to exercise judgment as to the presence or absence of classified information and the levels and categories of classification to be assigned. 2. IMPLEMENTATION FOR THE DOE AND ITS CONTRACTORS. a. Initial Classification Indoctrination. All new DOE and DOE contractor employees must understand their classification respon­ sibilities before being given access to classified information. Before employees are authorized access to classified information, they shall be given a classification orientation by a classifica­ tion representative, who shall: (1) Explain what classification and classified information are, including the classification levels and the difference between RD, FRO, and NSI. (2) Explain the local classification organizational structure and the channels through which the new employee should refer classification questions. (3) Stress the individual's responsibility for assuring that documents are rev-iewed for classification. b. Followup Indoctrination. Within a suitable period after clearance (not to exceed 3 months), a classification representative will VII-2 DOE 5650.2 12-12-78 assure that new employees receive an explanation of the classifica­ tion guidance covering their work. What constitutes a suitable period depends on the nature of a person's employment. Authorized Classifiers and Authorized Declassifiers shall receive a detailed explanation of pertinent classification guidance before being authorized. c. Continuing Classification Education. Classification awareness among employees must be maintained at a high level. Accordingly, Classifi­ cation Officers or other classification representatives should conduct a program of periodically reminding fellow employees of their classification responsibilities. The following are suggested methods. (1) Impress supervisors with the importance of observing classifi­ cation guidance and procedures, and urge that they similarly impress their subordinates. (2) Discuss specific classification items and problems at staff meetings. (3) Meet with Authorized Classifiers and Authorized Declassifiers to explain new or revised classification guidance or procedures.

(4) Use internal publications, posters, etc., for classification messages. (5) Invite outside speakers in the classification field to address employees on specific aspects of the classification and declassification programs (for example, the talks presented in the past by the Director of Classification). (6) Invite technical and scientific personnel to speak in areas ;n which they have particular expertise and where classification determinations impact. 3. PRIVATE ORGANIZATIONS AND INDIVIDUALS. a. The statutory definition of RD is not limited to data developed in Government programs; all data that meets the statutory definition is RD, including data generated in private work. The DOE has a responsibility under the Atomic Energy Act to monitor R&D conducted by private organizations and individuals. b. The aspect of monitoring that involves classification education of private organizations and individuals will be the responsibility of the Office of Classification. Such education will be carried out primarily by publication in the "Federal Register" and in r DOE 5650.2 12-12-78 VII-3 (and VII-4) journals having wide circulation in the fields of interest to the DOE. It is expected that field classification personnel will assist in this portion of the education program by advising the Office of Classification of private R&D or other activity likely to generate RD and where, consequently, there is a need for classification educati on. r···· ~. r DOE 5650.2 12-12-78 CHAPTER VIII CLASSIFICATION APPRAISALS VllI-1 1. POLICY. The classification practices, procedures, and performance of DOE and DOE contractor organizations shall be appraised to ascertain their adequacy and effectiveness. 2. OBJECTIVES. a. To determine the effect1veness of classification personnel in implementing the classification program. b. To determine whether classification practices and performance conform to DOE policy. c. To evaluate the effectiveness of locally developed methods of implementing DOE classification policy and regulations. d. To evaluate the adequacy of the classification g~idance and control provided by DOE and DOE contractor organizations to those within their supervision. 3. STANDARDS AND PROCEDURES. a. Scope of Appraisals. The classification programs of the various DOE and DOE contractor organizations differ in complexity, extent, and kinds of problems which arise. No one list of points to be covered in an appraisal can therefore be appropriate in all cases. The list of areas below is presented merely as a guideline; it should serve to introduce a measure of uniformity into appraisal reports and to remind the appraisers of areas that may need atten­ tion. An appraisal should provide answers to those of the following questions that are applicable. (1) (2) (3) Identification. Who made the appraisal, what sites were visited, and with whom did the appraiser meet? Management Awareness. How actively does the management keep informed of current DOE classification policy, especially as it applies to information, projects, and materials within the local jurisdiction? Management Support. What is the position of the classification function and the Classification Officer in the organization? Are sufficient resources available to the Classification Officer? If the Classification Officer has additional duties, do the Classification Officer and any assistants devote suffi­ cient time to classification matters? VIII-2 (4) (5) (6 ) (7) (8)

DOE 5650.2 12-12-78 Practices. How closely do classification practices comport with DOE policy? (The answer should be based on a review of representative samplings of classified and unclassified correspondence, records, procurement forms, financial reports, etc. ) Classification Guidance. How complete, effective, and timely is the guiaance developed for classified projects? (Appraisal of a prime contractor organization should include review of the classification guidance it furnishes to subcontractor organiza­ tions and of the classification practices of the latter.) Have local classification guides been prepared for all classified work being performed? Are they kept current? Education Program. How active and effective is the educational program for indoctrination and instruction of all individuals in classification policies and procedures? Classification Board. Has a board been appointed; if so, who is on the board and is it effective? Classifying and Declassifying Officials. How current and appropriate is the appointment of Authorized Classifiers and Authorized Declassifiers? (9) Declassification. Is there a declassification program, and is it effective? To what extent has the declassification authority been redelegated? (10) Appraisals. How thoroughly is the appraisal system conducted 1n determining compliance with approved guidance? Are subcon­ tractor appraisals being conducted? b. Frequency of Appraisal. The scope and frequency of appraisals shall be determined by the management 'of the appraising organization after consideration of the following factors: (1 ) (2) (3) Past Performance Exeerience and Appraisal Results. Problem areas and key funct10ns representing potential trouble spots should be identified for frequent review. Interval Since Last Appraisal, Every function having a major classification interest should be appraised at least once every 3 years unless particular circumstances indicate other­ wise. Functions having a minor classification interest may be appraised on a 5-year or longer basis, Management's need for information. r r DOE 5650.2 12-12-78 VIII-3 (4) Number of classified contracts administered by a DOE organization. c. Visits. (1) In certain cases, adequate evaluation of classification performance can be based on knowledge obtained other than by an actual visit. However, a desk-made classification appraisal of an organization may leave many factors out of account because it must be based on performance as revealed by matters raised by the organization itself or incidentally exposed. Various units within the organization may be unaware that their classification practices are incorrect or may be reluctant to call attention to them. Therefore, some appraisals of an organization should be based on personal visits, with an inspection of classification practices of the various units and a classification review of both outgoing and internal papers and records. (2) When classification performance can be evaluated from knowledge obtained other than by an actual visit, records of the evalua­ tion of classification performance based. on the following items shall be kept current: (a) A review of routine and special reports; (b) Conferences with key personnel; (c) Day-to-day contacts; and (d) Results of inquiry into unusual or problem situations. {3} Such records may supplement or be used in place of formal appraisal reports. d. Appraisal Reports.

(1) A written appraisal report is required. It should include sufficient evaluation of the phases of the classification program listed in subparagraph 3a, or equivalent treatment at the discretion of the appraiser, to give a clear picture of classification performance. (2) The report should inform both the organization appraised and the organization responsible for the appraisal, of the adequacy of the classification program, and reveal any problem areas and necessary corrective actions. VIII-4 DOE 5650.2 12-12-78 (3) In treating a phase of the classification program for which the appraiser has suggested a revised procedure or has pointed out the necessity for an action, note should be made of the recommendation and the person or persons to whom it was made. If a substantial number of such recommendations appear in the report, they should be summarized for ready reference. (4) Generally, no final report should be made without first informing the responsible management of the appraised organiza­ tion of the appraisal results and the probable content of the report. When such action is considered inappropriate, the problem shall be discussed personally with the head of the organization concerned. (5) The appraisal report on a DOE organization shall be submitted to the head of that organization. A copy shall be forwarded to DP-l and, when appropriate, to other Secretarial Officers. A copy of the appraisal report of a field organization also shall be forwarded to the HQ organization that has primary interest in its operations. (6) The appraisal report on an area office or contractor organization by the field organization administering the contract shall be filed in that field organization and a copy provided on request to the Director of Classification. (7) The appraisal report on a contractor organization by a HQ organization administering the contract shall be filed in that organization and a copy provided to the Director of Classification. When, in accordance with established proce­ dures, a field organization or the Office of Classification appraises a HQ-administered contract, the appraisal report shall be forwarded to the appropriate HQ organization. (8) The appraisal report on a subcontractor organization by the contractor organization administering the contract shall be on file at the contractor organization and a copy provided to the DOE organization administering the prime contract. e. Followup. Where recommendations for action have been submitted to responsible management, the adequacy of their implementation shall normally be determined and reported in the next appraisal. However, if a need for corrective measures has been established, a followup, at least by correspondence, shall be instituted by the appraising organization soon enough to assure compliance. '--- r r DOE 5650.2 12-12-78 INDEX Abbreviations ......................................... 1-1 Attachment 1 Page 1 Administrative Information ............................ 1-1; 111-12; IV-6 Advanced Declassification Schedule .................... V-2,3; VI-2 Appraisal s .............................•.............. 1-2; VIII-1--4 Procedures .......................................... VI 11-1--4 Res pon sib il it i e s .................................... II 1 -5,7 ,9 Archivist of the United States ........................ 111-3,4; VI-7--10 Assistant General Counsel for Patents ..•.............. IV-22,23; VI-5,6,11 Assistant Secretary for Defense Programs .............. I-l,6,9; 11-3;

111-1,2,4,6,10,12; IV-2--5,8, 11; V-1; VI-l,2,7,8; VIII-4 Atomic Energy Act ..................................... II-1--3,5; 111-5; VI-7 Agreements for Cooperation .......................... 1 II - 3 Classification and Declassification Policy .......... 11-1--3 Classification Authority ............................ IV-8 Classification Guides ............................... 11-2,3; IV-5 Classification of RD and FRD ........................ 11-1,5; IV-8 Classification Violations ........................... 1-3; 111-2; IV-18,19 De"c1assification of RD and FRD ...................... 11-1--3; 1II-2, VI-1 Foreign Atomic Energy Programs ...................... 11-2 Patent Applications and Reports ..................... IV-22; VI-6 Private Organizations and Individuals ............... VII-2 Transc1assification of RD ........................... 1-6,8; 11-1--3; 111~2 Authorized Classifiers (see also Authorized Original Classifiers and Authorized Derivative Classifiers) .......................................... 1-1; 111-10,11; IV-3,5,14,15 Alternates .......................................... I V-4 Authority to Change Classification Markings ......... V-1,2 Classification Education ............................ VII-2 Cl assificati on Revi ews .............................. II 1-12; 1 V-13 Designation of ...................................... 111-7; VIII-2 Monitoring Category II Programs ..................... IV-24 Qual ifications .............................. ____ ....... 1-9 Use of Classification Guides ........................ 1-2; IV-7,8,12 Use of Classified Source Documents .................. IV-12 Authorized Declassifiers .............................. 1-1,2; IV-13 Cancell ation of Authority ........................... VI-2 Classification Education ............................ VII-2 Declassification Authority .......................... 111-12; VI-l Declassification Review ............................. VI-4,5 Designation of ...................................... 111-4; VI-l,2; VIII-2 r' Downgrading Authority ............................... III-12; V-2 Attachment 1 Page 2 Page Notification of Replacement ........................ VI-2 Qual ifications ............... l1li ••••••••••••••••••••• 1-9 DOE 5650.2 12-12-78 Record and Reporting Requirements .................. III-4; VI-2 Redelegation Authority ............................. VI-l Authori zed Deri va ti ve Cl ass i fi ers .................... 1-1 Authority to Change Classification ................. 111-11 Cancellation of Authority .......................... IV-4 Classification Authority ........................... 11-4,5; 111-11; IV-3 Designation of ............•........................ 111-5,11; IV-3,4 Identification of (on Documents) ................... IV-14,15 Record and Reporting Requirements .................. IV-5 Rede1egation of Authority .......................... 111-11; IV-4 Authorized Original Classifiers ...................... 1-1; IV-3 Authori ty to Change C1 assi fication ................. 1 II -11 ,12; V-1 Authority to Set Duration of C1assification ........ IV-11 Top Secret Classifiers ........................... 111-11; IV-11,17,18; V-1 Cancellation of Authority Secret and Confidential ........•................. IV-3 Top Secret ....................................... IV-2,3 Classification Authority ........................... 11-4,5; 111-10,11; IV -1 ,8 Declassification Authority ......................... 111-11 ,12; VI-l Designation of

Secret and Confidential Classifiers ......•....... 111-3; IV-l,2 Top Secret Classifiers ........................... 111-3; IV-l Identification of (on Documents) ....•.............. IV-l4,15,18 Notification of Rep1acement ......................•. IV-2 Record and Reporting Requirements ....•............. 111--4;- IV-4 Secretary of Energy ..............................•. IV-l Top Secret Authorized Original Classifiers Cancellation of Authortty-........................ IV-2,3 Designation of ................................... 111-3, IV-l Redelegation Authority ........................... 111-11; IV-l Secretary of Energy .............................. 1V-1 Automatic Dec1assification ........................... 1-8; IV-11; VI-2,3,9,11 Automatic Downgrading ................................ IV-17; V-2,3 Ba lane ing Test ....................................... I I 1-4 Briefings ............ I •••••••••••••••••••••••••••• I •• 111-8; IV-22 Category I Nuc1 ear Programs .......................... IV-23, 24 Category II Nuc1 ear Programs .................•....... IV-24 Category III Nuclear Programs ........................ IV-24 Challenges ........................................... 111-13; IV-19,20 Change of Classification ............................. 1-1,3,6,8,9; 11-1--3; 111-1,2,11--13; IV-l3,17; V-1--4; VI-2 r DOE 5650.2 12-12-78 Page Classification (see also specific listings) ........... I-l Attachment Page 3 Pursuant to Section 1-301(g) of EO 12065 ............ 111-1,3 Pursuant to Section 1-606 of EO 12065 ............... 111-1,4 Classification Authority (see also Derivative Classification Authority and Original Classification Authority) ............................. 1-2,9; 11-4,5; 111-1--5; IV-14,15,19 Classification Boards ................................. 1-2; 1II-8; VIII-2 Classification Categories ............................. 1-2; IV-12--l4; V-1 Classification Criteria ............................... 11-4; 111-1,3; IV-8--10 Classification Dates .................................. IV-l1,16,17; VI-9 Classification Duration ............................... 1-2,8; 111-1,3,11; IV-6,lL16--18; V-1--3; VI-2,10 Classification Education .......•...................... 111-5,6,8,9; VII-1--3; VIII-2 Classification Guidance ............................•.. 1-2,4,7; 11-4,6; Classification Guides (see also specific 1 II -2 ,5 --11 ; IV-7,8,11,14,15,17,20, 22--24; VI-4,5,11; VII-2; VIII-l,2 kinds of guides) ...................................... 1-2,3,6--8; 11-4; 111-7; IV-5--8,19; V-3 Apparent Conflicts in Guidance ...................... IV-7,8,12 Index of ............................................ 111-3 Issuing Authorities ................................. 11-3,4; 111-2; IV-8 RD Not Covered by Guides ..........•................. 11-3 Reasons for Extended Classification Period ..•....... IV-18 Rev; ew of. _ .......................................... I 1-2 ; I I 1-2 , 3 lJ se of .. III ••••••• III .................................... 1-2; I I - 5; I I 1-11 , 12 ; IV-3,7,8,11--18,24; V-2; VI-3 Classification Levels •.............................•.. 1-2--4,6,8,9; 11-3; 1II-2,10,11; IV-l,6,7, 10- -13; VI 1-1 Classification Markings ...•........................... 1-2,4,5,7; IV-11--18; V-l,2,4; VI-2,11,12 Classification Officers .............•................. 1-2,3; 111-5,8,11; IV-8; VIII-l

Contractor Classification Officers •................. I-3 Appointment for Category III Programs ..••...•....... IV-24 DOE Classification Officers ......................... 1-3; 111-8; IV-20 Qual ifications •..................................... 1-9 Referrals of Challenges to Classification ........... IV-19,20 Reviews of Documents ....•..............•............ 111-8,9; IV-21,23; VI-3--5 Respons ibi 1 it i es and Authoriti es .................... II F9; VII-2 Attachment 1 Page 4 DOE 5650·2 12-12-78 Page Classification Policy ................................ 1-3,4,8--10; 11-1--6; 111-1--3,6,7,10--12; IV-8,17; V-1; VI-3; VII-1; VIII-2 Classification Policy Guide .......................... 1-3; 111-1,2; IV-5,6,8 Classification Procedures ............................ IV-8--18 Classification Review Committee ...................... 1-3; 111-2,6,7,10; IV-20; VI-7,8 Classification Reviews ............................... 111-5,8,9; IV-20--23 Classification Vio1ations ............................ 1-3; 111-2; IV- 19 Cl a 5S i fi ed Documents ................................. 1-3 Classified Information .•............................. 1-3,4 Conferences .......................................... 111-8; IV-21,22 Confidential ......................................... 1-4; IV-10 Contractor Classification Officers ................... 1-3 Contractor Organizations ............................. 1-4 Counsel for Defense Programs ......................... 111-6 Declassification (see also specific listings be low) ............................................... 1-4; I 1-5; V I -1 - -12 NSI ................................................ II-4; 111-2,10--12 RD and FRO ......................................... 11-1--3; 111-1,12 Declassification Authority ........................... 1-4; 11-5; 111-ll~12; ~ VI-l,2 Delegation of ...................................... VI-l NS I ................................................ I I 1-2 ,1 2; V I - 1 RD and FRD ......................................... II-1--3; 111-2,12; VI-l Record and Reporting Requirements .................. VI-2 Declassification Dates ............................... IV-ll,15--18 Declassification Events .............................. 1-4; IV-11,16--18 Declassification Guidance ............................ 1-4 Declassification Policy~ ............................. 1-4; 11-1--4; 111-1,2 Dec1 assification Procedures .......................... VI -1--12 Declassification Review Dates ........................ IV-l1,16--18 Declassification Reviews ............................. VI-3--11 Authorized Declassifier Review ..................... VI-4,5 File Clearance Reviews ............................• VI-5 Freedom of Information Requests .................... VI-10 Mandatory Reviews .................................. VI-6--8 Office of Classification ........................... VI-ll Patent Application Reviews ......................... VI-5,6 Privacy Act Requests ............................... VI-10 Standard Declassification Reviews .................. VI-3,4 Systematic Reviews ................................. VI-8--10 Visual Material Reviews ............................ VI-10,11 Denying Official ..................................... 1-5; 111-5 Department of Defense ................................ 1-1,6; 11-2,3; IV-7 r' r DOE 5650.2 12-12-78 Page Department of Energy Organization Act ................. 11-1 Deputy Assistant Secretary for Defense Programs ....... 111-2 Deputy Secreta ry ...................................... 11 1-1

Attachment 1 Page 5 Derivative Classification .......•..................... 1-2; 11-5; IV-3 Atomic Energy Information Not Covered by Guidance ........................................... IV-8 Use of Classification Guides and Classified Source Documents ......................... IV-7,8 Derivative Classification Authority (see also Authorized Derivative Classifiers) .................... 1-2; 11-5; IV-3,4 Cancellation of Authority ........................... IV-4 Delegation of Authority ............................. III-S,ll; IV-3,4 Identification of ................................... IV-1S Record and Reporting Requirements ................... IV-S Director of Central Intelligence ...................... 11-2 Director of Classification ............................ 1-8,9; 11-4,6; 111-2--6, 8--10,12; IV-1--9,13,19--23; V I -1 ,2,4,6- -11 ; V II -2; V II 1-4 Director of International Security Affairs ............ 111-6 Director of Safeguards and Security ..•................ 111-6 Documents ................................................. 1-5 Authority to Change Classification Markings ......... 111-11; V-l,2 Authority to Classify ............................... 11-4,5; 111-10,11 Authority to Declassify ............•................ 11-5; 111-11,12; IV-3; VI-l,2 Authority to Downgrade .............................. 111-11--13 Changing Classification Markings .................... V-1--4 Classification Markings ............................. IV-11--18 Declassification of ................................. 11-5; VI-2,3; VI-12 Declassification Reviews ............................ 111-5,7,9; VI-3--11 Downgrading ............................................. 1-6; V-2,3 Notification of Change of Classification ............ V-3,4 Notification of Declassification .................... VI-ll DOE Classification Officers (see Classification Officers) Downgrad; n9 ................................................ 1-6; V-l Authority ........................................... 111-11 ,12; V-1,2 Automatic ........................................... IV-17; V-2,3 Documents and Material .............................. 111-11, 12; IV-17 Markings .................................................... IV-17 Notification of Unscheduled Downgrading ............. V-3,4 NS I . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I I I - 1 0, 1 2 ; V - 1 RD and FRD .......................................... 11-3; 111-12; V-1 Energy Reorganization Act ............................. 11-1 Executive Or'der 1 OS 01 ................................. V-2; VI-2 Attachment 1 Page 6 Page DOE 5650.2 12-12-78 Executive Order 10964 ................................ V-2; VI-2 Executive Order 11652 ................................ IV-17; V-2,3; VI-2 Executive Order 12065 ................................ 1-2--4,6--8; 11-1,3--5; File Clearance Reviews (see Declassification Reviews) I II -1 --4,7,8,10; IV-1,4,6,8--10,12,16--19; V-3; VI-1--3,6--10 Foreign Government Information ....................... 1-6 Automatic Dec1assification ......................... IV-11; VI-2 Classification Criterion ........................... IV-l Classification Guidance ............................ 111-2 Classification Markings ............................ IV-ll ,14 Duration of Classification ......................... 111-11, IV-ll,16,17; V-3; VI-2 Extension of C1assification ........................ lll-1 Systematic Revie\,1 Guidelines ....................... III-3; VI-8,9 Systematic Reviews ................................. 111-3; V-2,3; VI-3,8,9

Foreign Governments .................................. 111-2,3,6; IV-)l Formal Reports ....................................... 1-6; 111-8; IV-21; V-4; VI.;;-3,4,11 . Formerly Restricted Data ............................. 1-6 Change of Classification ........................... V-l Classification Levels .............................. 11-3, 111-2 Classification Markings ............................ IV-13--l5 Classification Policy .............................. 11-1--3; 111-1; IV-8 Dec1assification ................................... II-2,3; 111-1,12; VI-1 Derivative C1assification .......................... 11-5; 111-11 Downgrad i ng ........................................ I I -3; I I I -12 r"1andatory Review ................................... VI-7,8 Page t·1arking ....................................... IV-13 Rev i ews ............................................ I I I -2 ,3 Freedom of Information Act ........................... I-l,5; 111-1,5; VI-6,10 General Declassification Schedule .................... IV-17; V-2,3; VI-2 Government Agencies .................................. 1-6 Group Markings ....................................... V-2; VI-2 Guide to the Unclassified Fields of Research ......... 1-6; IV-2,12; IV-5--7, 21--24 Heads of Contractor Organizations .................... 111-8,11; IV-4; VI-l Heads of Field Organizations ......................... 111-7--9; IV-23,24 Heads of Headquarters Organizations .................. 111-6,7; IV-23,24 Improper C1assification .............................. IV-19 Informa t ion .......................................... 1-6 Automa ti c Dec 1a ss i fication ......................... VI-3 Automatic Downgrading .............................. V-2 Change of Classification ........................... V-1--3 Classification Authority ........................... 11-4,5; 111-10; IV-l,8 f\ ) ~ ) : .. r"· DOE 5650.2 12-12-78 Page Attachment Page 7 Classification Policy ............................... 111-1 ,2; IV-5--7 NSI ............................................... 11-3,4; IV-8--11 RD or FRD ......................................... I 1-1--3 Declassification Authority .......................... 11-5; 111-11,12; VI-l Declassification Policy NSI ............ ,. II ••••••••••• II •••• II •••• II •••••• 11-3,4 RD or FRO ......................................... 11-1--3 Rev i ews ............................................. I I I -3; V I - 6- -10 Transclassification ................................. II-1--3; V-l,3 Information Security Oversiqht Office ................. 1-1,6; III-l,3,4; IV-4,12,13; VI-9,10 Interagency Information Security Committee ............ 1-6; 111-4 Local Classification Guides ........................... 1-7; 111-2,8,9; IV-7; VI II-2 Mandatory Reviews (see Declassification Reviews) Marking of Documents (see Classification Markings) National Security Act ......•.......................... II-2 National Security Information ......................... 1-1,7 Change of Classification ...........•................ V-1--4 Classification Authority ...........•................ 11-3; 111-10; IV-l,8,14 Classification Criteria ..•...................•..... ·.11-4; 111-3; IV-8--10 Classification Levels ..............•.........•...... IV-6,10,12,13 Classification Markings ..•.........•.........•...... IV-11--18 Classification Policy ............................... II-l,3,4; 111-1; IV-5 Declassification ...................•................ 11-4; 111-2,10,12;

VI-1--3 Downgrading ......................................... II1-10,12; V-1--3 Duration of Classification .......................... III-ll; IV-6,11,16--18 Extension of Classification ......................... III-l,3; VI-9,10 Portion Marking •....•............................... 111-4; IV-12,13 Prohibitions ........•............................... IV-9,10 Reviews (see Classification Reviews and Declassification Reviews) Waivers From 10-year Review Requirements ............ III-l Notification of Change of Classification ............•. V-3,4 Notificati on of Decl assi fi cati on ...............•....•. VI-11 Office of Classification .............................. 1-7; 11-3; 111-6--11,13; IV-2--8,12,19--23; VI-2--6,8,11; VII-2,3 VII 1-4 Office of Origin .... I ••••••••••••••••••••••••••••••••• IV-1S Office of Safeguards and Security ..................... 1-7; IV-22; V-3 Official Use Only •.................................... 1-7; IV-13; VI-4,5 Original Classification ...................•........... 1-2; 11-3,4 Original Classification Authority (see also Authorized Original Classifiers) .....•....•........... 1-2; II-4,5; IV-1--3 Attachment 1 Page 8 DOE 5650.2 12-12-78 Page Cancellation of Authority .......................... IV-2,3 Secret and Confidential .......................... IV-31 Top Secret ....................................... IV-2,3 Classification Pursuant to Section 1-301(g) of EO 12065 ........................................ 111-1,3 Classification Pursuant to Section 1-606 of EO 12065 ........................................... IV-l,4 Delegation of Authority ............................ 11-3; IV-1,2 Secret and Confidential .......................... 111-4; IV-l,2 To p Sec ret ....................................... 1 1 1 -1 ,4; 1 V -1 Director of Classification ......................... 111-2 Identification of ...•.............................. IV-4,5 Record and Reporting Requirements .................. 111-4; IV-4 Secretary of Energy ................................ 11-3; 111-1; IV-l Top Secret Authority Cance 11 at i on of Authori ty ........................ IV -2,3 Delegation of Authority .......................... III-l ,4; IV-l Secretary of Energy .............................. 11-3; 111-1; IV-l Page Marking ......................................... IV-12,13 Patent Application Reviews ......... ~ ................. 111-5; IV-22,23; VI-5,6 Patent Secrecy Act ..................................• IV-10 Portion Marking ...................................... 1-7; 111-4; IV-12,13 Privacy Act .......................................... 111-5; VI-10 Private Organizations and Individuals •............... VII-2,3 Program Classification Guides ........................ I~8; III-2,7; IV-6,7 Prohibitions ......................................... IV-9,10 Qualifications ....................................... 1-9,10 Record Requirements .................................• 111-3,4; IV-4,5; VI-2; VI 11-3 Reporting Requirements ..................•.•.......... III-3--5,7; IV-2--5; VI -2; V 1 II -3 ,4; Responsibilities ...................................•. I11-1--13 Responsible Reviewers ................................ 1-1 ,8,9; 111-6,9; IV-7,23; VI-3--5 Restricted ........................................... IV-13 Restricted Data ...................................... 1-1,3,8; VII-1--3

Change of Classification ........................... V-l Classification Levels .............................. 11-3; 111-2; IV-6,lO,12 Cl assifi cati on Markings ............................ 1-2; IV-ll--1S Classification Policy ............•................. 11-1--3; 111-1; IV-5 Declassification ........................•.......•.. II-1--3; 111-1,12; IV-11 ,16; VI-l Derivative Classification .............•............ 1-2; 11-5; 111-11; IV-S Downgrading ........................................ 11-3; 111-12 Mandatory Revi eWe •••••••••••••••••••••••••••••••••• VI-7 ,8 Page Marking ....................................... IV-13 Reviews ............................................ II-2; 111-2; IV-20--22 r DOE 5650.f 12-12-78 Page Attachment 1 Page 9 (and 10) Transclassification ................................ 1-6,9; 11-1--3; 111-1; V-l Sec ret ....... , ....................................... 1-8; IV - 1 0 Secretary of Ener9Y .................................. 11-1--3; 111-1,3,4; IV-1--3,9; VI-10 Sensitive Information ................................ 111-8; IV-21,22 Source Documents ..................................... 1-8; IV-7,8,11,14--18 Special Markings ..................................... IV-14 Standard Declassification Reviews .................... VI-3,4 Subject Lines ........................................ IV-12 Symposia ............................................. II 1-8; IV-21,22 Systematic Review Guidelines ......................... 1-8; III-3; VI-8,9 Systematic Reviews ................................... 1-8; 111-1,3,4,8; VI-8--l0 System ~1anagers ...................................... 1-9; lII-5 Technical Evaluation Panel ........................... 1-9; 111-2,6,10; IV-6 Titles ............................................... !V-12 Top Secret ........................................... 1-9; IV-l0 Transclassification .................................. 1-3,6,9; 11-1--3; 111-1; V-l,3 Unclassified ......................................... !-9; IV-10 Unscheduled Declassification ......................... VI-3--11 Unscheduled Downgrading .............................. V-1--4 Upgrading ........... II •••••• II II •••••••••••••••• II II .1-9; V-l Visual Materials ..................................... 1-9; VI-10,11 DOE 5650.2 12-12-78 ATTACHMENT 2 Title 3-The President Attachment 2 Page 1 Executive Order 12065 June 28.1978 (A National Security Infonnatian By the authority vested in me as President by the Constitution and laws of the United States of America. in order to balance the public's interest in access to Go\'ernment information with the need to protect certain national security information from disclosure. it is hereby ordered as follows: ' SEenON I. I-I 1-2 I-S 1-1 1-5 1-6 SEcrIO,. 2, 2-1 2-2 2-~ SEenoN ~. '-I ~-2 l-S S-I 3-5 3-6 ScenoN 4. 4-1 4-2 4-~ "-' ScerloN 5. 5-1 5-2 5-~ 5-1 5-5 TABLE m' CONTENTS ORICINAL CLASSIFICA nON Classification Designation Classification AUlhorily CI .. uificalion R~uirem~nu Duralion of Classific"uon Idenlificalion and ~Iarking' Prohibilion. DERIVATlVE CLASSIFICATION I..'.e of Derivalive Classificallon Classification Guide, New Materi;al DECLA.!SIFICATlON AND DOWNCIlADIHI; Declauificalion .-\ulhoriIY TransferTed Infonnation DeclassiflCalion Policy SYSlematic Review for Declassification Maniblory Review for Declassificalion Do"ngrading SMECUARDINC General Restrictions Special Access Programs Access by Historinl Researche" and Fonnet' Presidential Appoinlees Reproduction Controls

IWPUWlHTATlOH AND REVIEW Ovenight Information Security Ove"ight omce Interagency Information Security Committee General Responsibilities Administrative Sanctions SEenoH 6, GENUA!. PaOVlSlOHS 6-1 Ddinitions 6-2 :ieneral flDillAL UGI5m-VOL 43. NO. 121-M0NDAY, JULY So 19711 Attachment 2 Page 2 THE PRESIDENT SECTION I. ORIGINAL CLASSIFICATION. I-I. Classification DtJignatlon. DOE 5650.2 12-12-78 1-101. Except as provided in the Atomic Energy Act of 1954. as amend· ed. this Order pro\·ides the onl~ basis for classifying information. Information may be classified in one of the three designations listed below. If there is reasonable doubt which designation is appropriate. or whether the information should be classified at all. the less restrictive designation should be used. or the information should not be classified. 1-102. "Top Secret" shall be applied only to information. the unauthor· ized disclosure of which reasonably could be expected to cause exceptionally grave damage to the national security. 1-103. "Secret" shall be applied only to information. the unaulhorized disclosure of which reasonably could be expected 10 cause serious damage to the national security. 1-104. "Confidential" shall be applied to information. the unauthorized disclosure of which reasonably could be expected to cause identifiable damage to the national security. 1-2. Classification Autlaority. 1-20 I. Trtp SeCTet. Authority for original classification of information as Top Secret may be exercised only by the President. by such officials as the President may designate by publication in the FEDERAL REGISTER. by the agency heads listed below. and by officials to whom such authorilY is delegate ed in accordance with Section 1-204: The Secretary of Stale The Secretary of the Treasury The Secretary of Defense The Secretary of the Army The Secretary of the Navy The Secretary of the Air Force The Anorney General The Secretary of Energy The Chainnan. Nuclear Regulalory Commission The Director. Arms Conlrol and Disarmament Agency The Director of Central Intelligence The Administrator. National Aeronautics and Space Administration The Administrator of General Services (delegable only to the Director. Federal Preparedness Agency and to the Director, Infonnation Security Over­ sight Office) 1-202. StmL Authority for original classification of information as Secret may be exercised only by such officials as the President may designate by publication in the FEDERAL REGISTER, by the agenCy heads listed below. by officials who have Top Secret classification authority, and by officials to whom such authority is delegated in accordance with Section 1-204: The Secretary of Commerce The Secretary of Transponation The Administrator. Agency for International Development The Director, International Communication Agency 1-203. CmfoJmJilJJ. Authority for original classification of infonnation as Confidential may be exercised only by such officials as the President may designate by publication in the FEDERAL REGtSTER. by the agency heads listed below, by officials who have Top Secret or Secret classification authority. and by officials to whom such authority is delegated in accordance with Section 1- 204: .. HAL IIGISftl-VOL a, NO. Ia-MONDAY', JULY' '. 1m .~ , ~ r I r DOE 5650.2 12-12-78 THE PRESIDENT Attachment 2 Page 3 The President and Chainnan. Export-Import Bank of the United States The President and Chief Executive Officer, O\'erseas Private Investment

Corporation 1-204. Limitations on.Dtlrgation of ClassifICation Authority. (a) Authority for original classification of infonnation as Top Secret may be delegated only to principal subordinate officials who have a frequent need to exercise such authority as detennined by the President or by agency heads listed in Section 1-20 l. (b) Authority for original classification of infonnation as Secret may be delegated only to subor~inate officials who have a frequent need to exercise such authority as detennined by the President. by agency heads listed in Sections 1-201 and 1-202. and by officials with Top Secret classification authority. (c) Authority for original classification of infonnation as Confidential may be delegated only to subordinate officials who have a frequent need to exer­ cise such authority as detennined by the President, by agency heads listed in Sections 1-201, 1-202. and 1-203, and by officials with Top Secret classifica­ tion authority. (d) Delegated original classification authority may not be redelegated. (e) Each delegation of original classification authority shall be in writing by name or title of position held. (f) Delegations of original classification authority shall be held to an absolute minimum. Periodic reviews of such delegations shall be made to ensure that the officials so designated have demonstrated a continuing need to exercise such authority. 1-205. Exup'lonal Casts, When an employee or contractor of an agency that does not have original classification authority originates infonnation be­ lieved to require classification. the infonnation shall be protected in the manner prescribed by this Order and implementing directives. The infonna­ tion shall be transmitted promptly under appropriate safeguards to the agency which has appropriate subject matter interest and classification authority. That agency shall decide within 30 days whether to classify that information. If it is not clear which agency should get the infonnation, it shall be sent to the Director of the Information Security Oversight Office established in Section 5- 2 for a detennination. 1-3. ClassiflC4tilm RlquiTtfllnlls. 1-301. Infonnation may not be considered for classification unless it concerns: (a) military plans. weapons, or operations; (b) foreign government infonnation; (c) intelligence activities. sources or methods; (d) foreign relations or foreign activities of the United States; (e) scientific, technological. or economic matters relating to the national security; (f) United States Government programs for safeguarding nuclear materials or facilities; or (g) other categories of infonnation which are related to national security and which require protection against unauthorized disclosure as determined by the President, by a person designated by the President pursuant to Section 1-201. or by an agency head. 1-302. Even though information is determined to concern one or more of the criteria in' Section 1-301. it may not be classified unless an original classification authority also determines that its unauthorized disclosure reason­ ably could be expected to cause at least identifiable damage to the national security. fIDIIcAL UGISTII-VOL. Q, NO. l2I-MotIOAY • .NLY :a, 1971 Attachment 2 Page 4 THE PRESIDENT DOE 5650.2 12-12-78 1-303. Unauthorized disclosure of foreign government information or .the identit), of a confidential foreign source is presumed to cause at least identifi· able damage to the national security.

1-304. Each determination under the criterion of Section 1-30I(g) shall ·be reported promptJ)' to the Director of the Information Security Oversight Office. 1-4. Duration oj ClassijicatlOn. 1-40 I. Except as permitted in Section 1-402. at the time of the original classification each original classification authority shall set a date or event for automatic declassification no more than six years laler. 1-402. Only officials with Top Secret classification authority and agency heads listed in Section 1-2 may classify information for more than six years from the date of the original classification. This authority shall be used spar­ ingly. In such cases. a declassification date or event. or a date for review. shall be set. This date or event shall be.as early as national security permits and shall be no more than twenty years after original classification. except that for foreign government information the date or event may be up to thiny years after original classification. 1-5. Idmtijicalion and .Uarlrings. I-50 I. At the time of original classification. the following shall be shown on the face of paper copies of all cbssified documents: (a) the identity of the original classification authority; (b) the onice of origin; (c) the date or event for declassification or review; and (d) one of the three classification designations defined in Section I-I. 1-502. Documents classified for more than six years shall also be marked with the identity of the official who authorized the prolonged cbssification. Such documents shall be annotated with the reason the classification is expect· ed to remain necessary. under the requirements of Section 1-3. despite the passage of time. The reason for the prolonged classification may be stated by reference to criteria set fonh in agency implementing regulations. These criteria shall explain in nanative form the reason the information needs to be protected beyond six years. If the individual who signs or otherwise authenti· cates a document also is authorized to classify it. no funher annotation of identity is required. 1-503. Only the designations prescribed by this Order may be used to identify classified information. Markings such as "For Official Use Only" and "Limited Official Use" may not be used for that purpose. Terms such as "Conference" or "Agency" may not be used in conjunction with the c1assifica· tion designations prescribed by this Order; e.g .• "Agency Confidential" or "Conference Confidential." 1-504. In order to facilitate excerpting and other uses. each classified document shall. by marking or other means. indicate clearly which portions are classified. with the applicable classification designation. and which portions are not classified. The Director of the Information Security Oversight Office may. for good cause. gnnt and revoke waivers of this requirement for speci. fied classes of documents or information. I-50S. Foreign government information shall either retain its original classification designation or be assigned a United States classification designa. tion that shall ensure a degree of protection equivalent to that required by the entity that furn~hed the information. I -506. Classified dot.-uments that contain or reveal information tha, is subject to special dissemination and reproduction limitations authorized by' fIDIIAI. UGlSlB-VOL a. NO. 128-MONDAY. MY I. lWi r r r DOE 5650.2 12-12-78 THE PRESIDENT Attachment 2 Page 5

this Order shall be marked clearly so as to place the user on notice of the restrictions. 1-6. Prohibitimu. 1-601. Classification may not be used to conceal violations of law. ineffi· ciency, or administrative error, to prevent embarrassment to a person, organi. zation or agency. or to restrain competition. 1-602. Basic scientific research information not clearly related to the national security may not be classified. 1-603. A product of non.government research and development that does not incorporate or reveal classified information to which the producer or developer was given prior access may not be classified under this Order until and unless the government acquires a proprietary interest in the product. This Order does not affect the provisions of the Patent Secrecy Act of 1952 (35 U.S.C. 181-188). 1-604. References to classified documents that do not disclose classified information may not be classifie« or used as a basis for classification. 1-605. Classification may not be used to limit dissemination of informa. tion that is not classifiable under the provisions of this Order or to pre\'ent or delay the public release of such information. 1-606. No document originated on or after the effective date of this Order may be classified after an agency has received a request for the docu. ment under the Freedom of Information Act or the Mandatory Review provi. sions of thi, Order (Section 3-5), unless such classification is consistent with this Order and is authorized by the agency head or deputy agency head. Documents originated before the effective date of this Order and subject to such a request may not be classified unless such classification is consistent with this Order and is authorized by the senior official designated to oversee the agency information security program or by an official w!th Top Secret classification authority. Classification authority under this provision shall be exercised personally. on a document.by·document basis. 1-607. Classification may not be restored to documents already declassi. fied and released to the public under this Order or prior Orders. SEC"nON 2. DERIVATIVE CLASSIFICATION. 2-1. Use of Derivative Clmsifoatitm. 2-101. Original classification authority shall not be delegated to persons who only reproduce. extract. or sumrnari%e classified information. or who only apply classification markings derived from source material or as directed by a classification guide. 2-102. Persons who apply such derivative classification markings shall: (a) respect original classification decisions: (b) verify the information's current level of classification so far as practica. ble before applying the markings; and (c) carry forward 10 any newly created documents the assigned dales or events for declassification or review and any additional authorized markings. in accordance with Sections 2-2 and 2-301 below. A single marking may be used for documents based on multiple sources. 2-2. ClmsiflCation Guides. 2-20 l. Chlssification guides used to direct derivative classification shall specifically identify the information to be classified. Each classification guide shall specifically indicate how the designations. time limits. markings. and other requirements of this Order are to be applied to the information. fIOllAL UGISlII-VOL 43, NO. 121-MONDAY. JULY 3. 19n .n.ttachment 2 Page 6 THE PRESIDENT DOE 5650.2 12-12-78

2-202. Each such guide shall be approved personally and in writing by an agency head listed in Section 1-2 or by an official with Top Secret classifica­ tion authority. Such appro\'al constitutes an original classification decision. 2-3 . .\'nu .\faltnal. 2-30 I. New material that derives its classification from information classi­ fied on or after the eITecti\'e date of this Order shall be marked with the declassification date or event, or the date for review, assigned to the sourc( information. 2-302. New material that derives its classification from information c1assi· fied under prior Orders shall be treated as follows: (a) If the source material bears a declassification date or event twenty years or less from the date of origin, that date or event shall be carried forward on4he- new-material. (b) If the source material bears no declassification date or event or is marked for declassification beyond twenty years, the new material shall be marked with a date for review for declassification at twenty years from the date of original classification of the source material. (c) If the source material is foreign government information bearing no date or event for declassification or is marked for declassification beyond thirty years, the new material shall be marked for review for declassification at thirty years from the date of original classification of the source material. SECTION 3. DECLASSIFICATION AND DOWNGRADING. 3-1. Dtcla.ssification Authority. 3-10 1. The authority to declassify or downgrade information classified under this or prior Orders shall be exercised only as specified in Section 3-1. 3-102. Classified information may be declassified or downgraded by the official who authorized the original classification if that official is still serving in the same position, by a successor, or by a supervisory official of either .. 3-103. Agency heads named in Section 1-2 shall designate additional officials at the lowest practicable echelons to exercise declassification and downgrading authority. 3-104. If the Director of the Information Security Oversight Office deter­ mines that information is classified in violation of this Order, Ihe Director may require the information to be declassified by the agency that originated the classification. Any such decision by the Director may be appealed to the National Security Council. The information shall remain classified until the appeal is decided or until one year from the date of the Director's decision, whichever occurs first. 3-105. The provisions of this Order relating to declassification shall also apply to agencies which, under the terms of this Order, do not have original classification authority but which had such authority under prior Orders. 3-2. Transjm-ed InjtmntJtion. 3-201. For classified information transferred in conjunction with a trans­ fer of functions-not merely for storage purposes-the receiving agency shaJJ be deemed to be the originating agency for all purposes under this Order. 3-202. For classified information not transferred in accordance with Sec­ lion 3-201, but originated in an agency which has ceased to exist, each agency in possession shall be deemed 10 be the originating agency for all purposes under this Order. Such information may be declassified or downgraded by the agency in possession after consulting with any other agenC)' having an interesl in the subject mailer.

3-203. Classified information transferred to the General Services Admin· istration for accession into the Archives of the United States shall be declassi· PIOIlAL .IOIITD-VOL 43, NO. 12J-MONDAY. JULY :t, 1978 r r DOE 5650.2 12-12-78 THE PRESIDENT Attachment 2 Page 7 fied or downgraded by the Archivist of the United States in accordance with this Order, the directives of the Information Security Oversight Office, and the agency guidelines. 3-204. After the termination of a Presidential administration. the Archivist of the United States shall review and declassify or downgrade all information classified by the President, the White House Staff, committees or commissions appointed by the President. or others acting on the President's behalf. Such declassification shaH only be undertaken in accordance with the provisions of Section 3-504. 3-3. Declassification Policy. 3-30 I .. Declassification of clas~ified information shall be given emphasis comparable to that accorded classification. Information classified pursuant to this aftd-priot Orders sbaii be declassified as early as nauonal security conSid'­ erations permit. Decisions concerning decla\sification shall be based on the loss of the information's sensitivity with the passage of time or on the occur­ rence of a declassification event. 3-302. When information is reviewed for declassification pursuant to this Order or the Freedom of Information Act. it shall be declassified unless the declassification authority established pursuant to Section 3-1 determines that the information continues to meet the classification requirements prescribed in Section 1-3 despite the passage of time. 3-303. It is presumed that information which continues to meet the classification requirements in Section 1-3 requires continued protection. In some cases, however, the need to protect such information may be outweighed by the public interest in disclosure of the information. and in these cases the information should be declassified. When such questions arise, they shall be referred to the agency head, a senior agency official with responsibility for processing Freedom of Information Act requests or Mandatory Review re­ quests under this Order, an official with Top Secret classification authority. or the Archivist of the United States in the case of material covered in Section 3- 503. That official will determine whether the public inlerest in disclosure outweighs the damage to national security that might reasonably be expected from disclosure. 3-4. S,stnnatic Rtview for Declassification. 3-40 I. Classified infonnation constituting permanently valuable records of the Government, as defined by 44 U.S.C. 2103, and information in the possession and control of the Administrator of General SelVices, pursuant to 44 U.S .C. 2107 or 2107 note, shall be reviewed for declassification. as it becomes twenty years old. Agency heads listed in Section 1-2 and officials designated by the President pursuant to Section 1-201 of this Order may extend classification beyond twenty years, but only in accordance with Sections 3-3 and 3-402. This authority may not be delegated. When classification is extended beyond twenty years, a date no more than ten years later shall be set for declassification or for the next review. That date shall be marked on the document. Subsequent reviews for declassification shall be set at no more than ten year intervals. The Director of the Information Security Oversight Office may extend the period between subsequent reviews for specific catego­ ries of documents or information.

3-402. Within 180 days after the effective date of this Order, the agency heads listed in Section 1-2 and the heads of agencies which had original classification. authority under prior orders shall, after consultation with the Archivist of the United States and review by the Information Security Over­ sight Office, issue and maintain guidelines for systematic review covering twenty-year old classified information under their jurisdiction. These guide- FIDElIA&. UGISTU-VOL 43. NO. 121-1o\ONDAY. JULY 3, 1m .~ttachment 2 Page 8 THE PRESIDENf DOE 5650.2 12-12-78 lines shall state specific, limited categories of information which, because of their national security se~sitivity, should not be declassified automatically but should be reviewed item-by-item to determine whether continued protection be¥ond twenty years is needed. These guidelines shall be authorized for use by the Archh'ist of the l'nited States and mOl)', upon approval of the issuing authority, be used by any agency having custody of the information. All information not identified in these guidelines as requiring review and for which a prior automatic declassification date has not been established shall be declassified automatically at the end of twenty years from the date of original classification. 3-403. Nothwithstanding Sections 3-40 I and 3-402. the Secretary of Defense mav establish special procedures for systematic review and declassifi­ cation of classified cryptologic information, and the Director of Central Intelli­ gence may establish special procedures for systematic review and declassifica­ tion of classified information concerning the identities of clandestine human agents. These procedures shall be consistent. so far as practicable. with the objectives of Sections 3-40 I and 3-402. Prior to implementation, they shall be reviewed and approved by the Director of the Information Security Oversight Office and. with respect to matters penaining to intelligence sources and methods. by the Director of Central Intelligence. Disapproval of procedures by the Director of the Information Security Oversight Office may be appealed to the National Security Council. In such cases. the procedures shall not be implemented until the appeal is decided. 3-404. Foreign gO\'ernment information shall be exempt from automatic declassification and twenty year systematic re\·iew. Vnless declassified earlier, such information shall be reviewed for declassification thiny years from its date of origin. Such review shall be in accordance with the provisions of Section 3-3 and with guidelines developed by agency heads in consultation with the Archi~'ist of the United States and. where appropriate, with the foreign government or international organization concerned. These guidelines shall be authorized for use by the Archivist of the United States and may. upon approval of the issuing authority. be used by any agency having custody of the information. 3-405. Transition to systematic review at twenty years shaJJ be implement. ed as rapidly as practicable and shall be completed no more than ten years ·from the effective date of this Order. 3-5. Mandatory Review jor Declassification.

3-50 I. Agenoies shall establish a mandatory review procedure to handle requnu by a member of the public. by a government employee. or by an agency. to declassify and release information. This procedure shall apply to information classified under this Order or prior Orders. Except as provided in Section 3-503. upon such a request the information shall be reviewed for possible declassification. provided the request reasonably describes the infor­ mation. Requests for declassification under this provision shall be acted upon within 60 days. Mter review. the information or any reasonably segregable ponion thereof that no longer requires protection under this Order shall be declassified and released unless withholding is otherwise warranted under applicable law. 3-502. Requests for declassification which are submitted under the provi­ sions of the Freedom of Information Act shaJJ be processed in accordance with the provisions of that Act. 3-503. Information less than ten years old which was originated by the President. by the \\fhite House Staff. or by committees or commissions ap­ pointed by the President. or by others acting on behalf of the President. including such information in the possession and control of the Administrator FlORAL IIGmO-VOL a. NO. 121-MON11AY. JULY 3, 1978 r r DOE 5650,2 12-12-78 THE PRESIDENT Attachment 2 Page 9 of General Services pursuant to H U.S.C. 2107 or 210i note. is exempted from the provisions of Section 3-50 I. Such information over ten years old shall be subject to mandatory review for declassification. Requests for manda· tory review shall be processed in accordance with procedures developed by the Archivist of the United States. These procedures shall provide for consul· tation with agencies having primary subject matter interest. Any decision by the Archivist may be appealed to the Director of the Information Security Over· sight Office. Agencies with primary subject matter interest shall be notified promptly of the Dir~ctor's decision on such appeals and may further appeal to the National Security Council through the process set forth in Section 3-104. 3-504. Requests for declassification of classified documents originated by an agency but in the possession and control of the Administrator of General Services, pursuant to 44 U.S.C. 2107 or 2107 note, shall be referred bv the Archivist to the agency of origin for processing in accordance with Section 3- 501 and for direct response to the requestor. The Archivist shall inform requestors of such referrals. 3-505. No agency in possession of a classified document may. in response to a request for the document made under the Freedom of Information Act or this Order's Mandatory Review provision. refuse to confirm the existence or non·existence of the document, unless the fact of its existence or non·exis· tence would itself be classifiable under this Order. 3-6. Downgrading. 3-60 I. Classified information that is marked for automatic downgrading is downgraded accordingly without notification to holders. 3-602. Classified information that is not marked for automatic downgrad. ing may be assigned a 10\lr'er classification designation by the originator or by other authorized officials when such downgrading is appropriate. Notice of downgrading shall be provided to holders of the information to the extent practicable. SECTION 4. SAFECUARDINC. 4-1. General Ralnclions on AcctJS.

4-101. No person may be given access to classified information unless that person has been determined to be trustwonhy and unless access is necessary for the performance of official duties. 4-102. All classified information shall be marked conspicuously to put users on notice of its current classification status and, if appropriate. to show any special distribution or reproduction restrictions authorized by this Order 4-103. Controls shall be established by each agency to ensure that c1assi· fied information is used, processed. stored. reproduced, and transmitted only under conditions that will provide adequate protection and prevent access by unauthorized persons. 4-104. Classified information no longer needed in current working files or for reference or record purposes shall be processed for appropriate disposi. tion in accordance with the provisions of Chapters 21 and 33 of Title 44 of the United States Code. which governs disposition of Federal records. 4-105. Classified information disseminated outside the Executive brallch shall be given protection equivalent to that afforded within the Executive branch. 4-2. Sptcial Auess Programs. 4-20 I. Agency heads listed in Section 1-20 I may create special access programs to control access, distribution, and protection of pallicularly sensi· tive information classified pursuant to this Order or prior Orders. Such pro· flJllIlAL IIGISTD-VOL 43. NO. I~ONDAY, JULY 3, 1971 Attachment 2 Page 10 THE PRESIDENT DOE 5650.2 12-12-78 grams may be created or continued only by wrinen direction and only by those agency heads and, for matters penaining to intelligence sources anI! method~, by the Director of Central Intelligence. Classified infonnation ill such programs shall be declassified according to the provisions of Section :t. 4-202. Special access programs may be created or continued onlv nn " specific sho\\'ing that: (a) nonnal management and safeguarding procedures are not sufficient to limit need-to-know or access: (b) the number of persons who will need access wiu be reasonably small and commensurate with the objective of providing extra protection for the infonnation involved: and (c) ihe special access controls balance the need to protect the infonnation against the full spectrum of needs to use the infonnation. 4-203. All special access programs shall be reviewed regularly and, except those required by treaty or international agreement, shall tenninate automati­ cally every five years unless renewed in accordance with the procedures in Section 4-2. 4-204. Within 180 days after the effective date of this Order, agency heads shall review all existing special access programs under their jurisdiction and continue them only in accordance with the: procedures in Section 4-2. Each of those agency heads shall also establish and maintain a system of accounting for special access programs. The Director of the Infonnation Secu­ rity Oversight Office shall have non-delegable access to all such accountings. 4-3 .• -lews by Historical RtstQTChm and FOT11In" Pmidmtial .-fppoirttm. 4-301. The requirement in Section 4-101 that access to classified infor­ mation may be granted only as is necessary for the perfonnance of offil."ial duties may be waived as provided in Section 4-302 for persons who: (a) are engaged in historical research projects, or (b) previously have occupied policy-making positions to which they were appointed by the President. 4.-302. Waivers under Section 4-301 may be granted only if the agency

with jurisdiction over the information: (a) makes a written detennination that access is consistent with the inter­ ests of national security; (b) takes appropriate steps to ensure that access is limited to specific categories of infonnation over which that agency has classification jurisdiction; (cl limits the access granted to fonner Presidential appointees to items that the person originated. reviewed, signed or received while serving as a Presidential appointee. 4-4. lUfnoducliMl Controls. 4-401. Top Secret documents may not be reproduced without the consent of the originating agency unless otherwise marked by the originating office. 4-402. Reproduction of Secret and Confidential documents may be re­ stricted by the originating agency. 4-403. Reproduced copies of classified documents are subject to the same accountability and controls as the original documents. 4-404. Records shall be maintained by all agencies that reproduce paper copies of classified documents to show the number and distribution of repro­ duced copies of all Top Secret documenlS. of all documents covered by special access programs distributed outside the originating agenCy, and of all Secret and all Confidential documents which are marked with special dissemi­ nation and reproduction limitations in accordance with Section 1-506. 4-405. Sections 4-401 and 4-402 shall not restrict the reproduction of documents for the purpose of facilitating re,ie\V for declassification. Howe"er, fEODAl. UGlSlD-VOL a. NO. 128-MONDA'r, JULY 3, 1971 ~ ·'·"1 r r DOE 5650.2 12-12-78 THE PRESIDENT Attachment 2 Page 11 such reproduced documents that remain classified after review must be de­ stroyed after they are used. SECTION 5. IMPLEM£Pn'A110N AND REVIEW. 5-1. Ovtnight. 5-101. The National Security Council may review all matters with respect to the implementation of this Order and shall provide overall policy direction for the information security progr.am. 5-102. The Administrator of General Services shall be responsible for implementing and monitoring the progr.am established pursuant to this Order. This responsibility shall be delegated to an Information Security Oversight Office. 5-2. Infurmation Securil1 Ovmight Offot. 5-201. The Information Security Oversight Office shall have a full-time Director appointed by the Administrator of General Services subject to ap­ proval by the President. The Administrator also shall have authority to ap· point a staff for the Office. 5-202. The Director shall: (a) oversee agency actions to ensure compliance with this Order and implementing directives; (b) consider and take action on complaints and suggestions from persons within or outside the Government with respect to the administration of the information security progr.am. including appeals from decisions on declassifi­ cation requests pursuant to Section 3-503; (c) exercise the authority to declassify information provided by Sections 3-104 and 3-503; (d) develop. in consultation with the agencies. and promulgate. subject to the approval of the National Security Council. directives for the implementa­ tion of this Order which shall be binding on the agencies; (e) repon annually to the President through the Administrator of General Services and the National Security Coundl on the implementation of this Order,

(0 review all agency implementing regulations and agency guidelines for systematic declassification review. The Director shall require any regulation or guideline to be changed if it is not consistent with this Order or implementing directives. Any such decision by the Director may be appealed to the National Security Council. The agency regulation or guideline shall remain in effect until the appeal is decided or until one year from the date of the Director's decision, whichever occurs first. (g) exercise c:ase.by-case classification authority in accordance with Section 1-205 and review requests for original classification authority from agencies or officials not gr.anted original classification authority under Section 1-2 of this Order. and (h) have the authority to conduct on-site reviews of the information security progr.am of each agency that handles classified inforrn;ation and to require of each agency such reports, infonnation. and other cooperation as necessary to fulfill his responsibilities. If such reports. inspection, or access to specific categories of classified information would pose an exceptional national security risk, the affected agency head may deny access. The Director may appeal denials to the National Security Council. The denial of access shall . remain in effect until the appeal is decided or until one year from the date of the denial. whichever occurs first. fIDEIAl IIGISTII-VOI. a. NO. la-MOHO"Y, MY S. 1971 Attachment 2 Page 12 THE PRESIDENT 5-3. InttTogt"llc] In/onnotion Stcunty Committtt. DOE 5650.2 12-12-78 5-30 I. There is established an Interagency Information Security Commit­ tee which shall be chaired by the Director and shall be comprised of represent­ atives of the Secretaries of State. Defense. Treasury. and Energy. the Attorney General. the Director of Central Intelligence, the National Security Council. the Domestic Policy Staff. and the Archivist of the ljnited States. 5-302. Representatives of other agencies may be invited to meet with the Committee on matters of particular interest to those agencies. 5-303. The Committee shall meet at the call of the Chairman or at the request of a member agency and shall advise the Chairman on implementation of this order. 5-4. Gt"lltTal Rt.lfHmSibilities. 5-401. A copy of any information security regulation and a copy of any guideline for systematic declassification review which has been adopted pursu­ ant to this Order or implementing directives. shall be submitted to the Infor­ mation Security Oversight Office. To the extent practicable. such regulations and guidelines should be unclassified. 5-402. Unclassified regulations that establish agency information security policy and unclassified guidelines for systematic declassification review shall be published in the FEDERAL REGISTER. 5-403. Agencies with original classification authority shall promulgate guides for security classification that will facilitate the identification and uni­ form classification of information requiring protection under the provisions of this Order. 5-404. Agencies which originate or handle classified information shall: (a) designate a senior agency official to conduct an active o\'ersight pro­ gram to ensure effective implementation of this Order, (b) designa.te a senior agency official to chair an agency committee with authority to act on all suggestions and complaints with respect to the agency's administration of the infonnation security program;

(c) establish a process to dl!cide appeals from ,denials of declassification requests submitted pursuant to Section 3-5; (d) establish a program to familiarize agency and other personnel who have access to classified information with the provisions of this Order and implementing directives. This program shall impress upon agency personnel their responsibility to exercise vigilance in complying with this Order. The program shall encourage agency personnel to challenge, through Mandatory Review and other appropriate procedures, those classification derisions they believe to be improper, (e) promulgate guidelines for systematic review in accordance with Sec- tion 3-402; . (f) establish procedl.l~es to prevent unnecessary access to classified infor­ mation, including procedures which require that a demonstrable need for access to classified information is established before initiating administrative clearance procedures, and which ensures that the number of people granted :lccess to classified information is reduced to and maintained at the minimum number that is consistent with operational requirements and needs; and (g) ensure that practices for safeguarding infonnation are systematically reviewed and that those which are duplicative or unnecessary are eliminated. 5-405. Agencies shall submit to the Information Security Oversight Office such information or reports as the Director of the Office may find necessary to carry out the Office's responsibilities. flDllAI. UGmII-VOL 43, NO. 121-M0NDAY. JULY 3, 19711 ~ . .. '; DOE 5650,2 12-12-78 THE PRESIDENT 5-S . . -Idminislralivt Sanctions. Attachment 2 Page 13 S-so I. If the Infonnation Security Oversight Office finds that a violation of this Order or any implementing directives may have occurred. it shall make a report to the head of the agency concerned so that corrective steps may be taken. 5-502. Officers and employees of the l"nited States Government shall be subject to appropriate administrative sanctions if they: (a) knowingly and willfully classify or continue the classification of infor­ mation in- violation of this OTd6F- or-anjl-implementing directives: or (b) knowingly. willfully and without authorization disclose infonnation properly classified under this Order or pljor Orders or compromise properly classified information through negligence: or (c) knowingly and willfully violate any other provision of this Order or implementing directive. S-503. Sanctions may include reprimand. suspension without pay. remov­ al. tennination of classification authority. or other sanction in accordance with applicable law and agency regulations. 5-504. Agency heads shall ensure that appropriate and prompt corrective action is taken whenever a viol:uion under Section 5-502 occurs. The Director of the Infonnation Security Oversight Office shall be infonned when such violations occur. 5-505. Agency heads shall report to the Attorney General evidence reo fleeted in classified information of possible violations of Federal criminal law by an agency employee and of possible violations by any other person of those Federal crimmal laws specified in guidelines adopted by the Attorney Generai. SECTION 6. GENERAL PROVISIONS. 6-1. D¢nilions. 6-101. "Agency" has the meaning defined in S U.S.C. 552(e). 6-102. "Classified information" means information or material. herein

collectively tenned information, that is owned by. produced for or by. or under the control of. the United States Government. and that has been determined pursuant to this Order or prior Orders to require protection against unauthorized disclosure. and that is so designated. 6-103. "Foreign government information" means informauon that has been provided to the United States in confidence by. or produced by the United States pursuant to a written joint arrangement requiring confidentiality with. a foreign government or international organization of governments. 6-104. "National security" means the national defense and fomgn rela· tions of the United States. 6-105. "Declassification event" means an event which would eliminate the need for continued classification. 6-2. Wni-raL 6-20 I. Nothing in this Order shall supersede any requirement made by or under the Atomic Energy Act of 1954. as amended. "Restricted Data" and information designated as "Fonnerly Restricted Data" shall be handled, pro­ tected. classified. downgraded, and declassified in confonnity with the provi. sions of ... the Atomic Energy Act of 1954, as amended. and regulations issued pursuant thereto. 6-202. The Attorney General. upon request by the head of an agency, his duly designated ~resentative. or the Director of the Information Security Oversight Office. shall personally or through authorized representatives of the Department of Justice render an interpretation of this Order with respect to any question arising in the course of its administration. fIDRAL IIGIS11I-VOL a, NO. 121-MONDAY. MY J, 197. Attachment 2 Page 14 DOE 5650.2 12-12-78 THE PRESIDENT 6-203. Executive Order No. 11652 of March 8. 19':2. as amended by Executive Order No. 11714 of April 24. 1973. and as furthE'r amended by Executive Order No. 11862 of June II, 1975. and the National Security Council Directh'e of May 17. 1972 (3 CFR 1085 (1971-75 Comp.» are re­ voked. 6-204. This Order shall become effective on December 1, 1978. except that the functions of the Information Security Oversight Office specified in Sections 5-202(d) and 5-202(f) shall be effective immediately and shall be performed in the interim by the Interagency Classification Review Commiuee established pursuant to Executive Order No. 11652. THE WHITE HOUSE, JUlU 28, 1978. [PR Doc. 78-18505 Filed 6-29-78; 4:18 pm] EDITORIAL Non: Th~ Pr~sid~nt's statem~nt of Jun~ 29. 1978. on ISsuing Ex~culi\~ Ord...r 12065, is print~ in th~ W~k1y Compilation of Prnidmtial Docum~nts (vol. H. So. 26). flDlIAl. lIGISTU-VOL 43. NO. 121-MOHDAY, JULY 3, 1m ~ I ROHAL IEGlSm. VOL 43, NO. 194-THUISDAY, OCTOUI 5, 1971 r DOE 5650.2 12-12-78 Title 32-Notlonol Defen.. CHAmR XX-INTERAGENCY CLA5­ SlflCAnON REVIEW COMMlmE £Directive No. 1) INFORMAnON SECURITY OVERSIGHT OFFICE Notlonol Security Information AGENCY: Interagency Classification Review Commlttee:tteRe). ACTION: Implementing directive. SUMMARY: The Interagency Classifi­ cation Review Committee Is pUblishing this directive to implement Executive Order 12065, relating to the classifica­ tion. downgrading. declassification and safeguarding of national security in· formation. ThIs directive was ap­ proved by the National security COWl­ ell for publication and issuance on SePtember- 29, 1978. The Executive order is intended to increase openness In Government by limiting classifica· tion and accelerating declassilication but at the same time. providing im­ proved protection against Wlauthor­ lzed disclosure for that Information that requires such protection in the Interest of national security. This dl· rectlve sets forth guidelines to agen· cles on original and derivative classlfi· cation. downgrading. declassification and safeguarding of national security Information.

EFFECTIVE DATE: December 1. 1918. FOR FURTHER INFORMATION CONTACT: Robert W. Wells. Executive Director. ICRC. Telephone: 202-124-1518. SUPPLEMENTARY INFORMATION: ThIs directive Is issued pursuant to the provisions of section 6-204 of Execu· tive Order 12085. The purpose of the directive Is to assist in the implemen­ tation of Executive Order 12065. and users of the directive shall refer con· currently to the Executive order for guidance. TABLE or CONTDml section 1. Orillnal Clas8HlmtloD A Definition. S C1aaa1tlca.tlon Authority. C Request tor C1aalIlflC8Uon Authority. D Record Requlremenla. E Claaaltication Procedute. P Porehm Government Information. G Standard Identlfleatlon and M3J'klnp. H Additional Marklnp Required. I Abbreviations. 8ectlon II. Derivative ClllollSlllcation A Definition. B Respenalblllty. ATTACHMENT 3 lULlS AND REGUlAnONS C Marklnl DerivativelY ClllollSlfled Docu· ments. D Cla.sslfleatlon Guides. Section Ill. Declassification and Downsradlng A Record Requirements. S Declassltlcatlon Polley. C Systematic Review for DecIBSSUleation. D Procedures for Mandatory Dedlla81flca· tlon Review. Section IV. 8alesulU'dlng A General. B General Restrictions on Access. C Accesll by Historical Researchers and Former Presidential Appointees. U l)lSSemmatIOn. E AccountabUity Procedures. F Stcl'alle. G Tranamlttal. H Loss or Possible Compromise. Destruction. Section V. Implementation and Review: ChalleIlles to Cla.ssilication Sectlon VI. General Provlalons A Notification. S Posted Notice. C Downsradlnl, Decla.sslflcatlon, and Up­ gndlnlt Marklnilll. D Combat Operations. E Publication and Effective Date. . 1. ORIGINAL CLASSIFICATION A. De/inition. "Original classlflca· tlon" as used In the order means an Initial determination that information requires protection against unauthor­ Ized disclosure In the Interest of na· tlonal security. and a designation of the level of classification (ll.· B. Cl/Ust/ication authority. In the absence of an authorized classllier. anyone designated to act In that per­ son's absence may exercise the classi­ fier's authority (1-204). C. Request lor cla8siftcation authorf· ttl, Requests for original classification authority for agencies not listed in sec· tlon 1-2 of the order shall be submit­ ted to the President through 'the In· fonnation Security Oversight Oflice. Requests shall Include: (1) The desig­ nation of the ollicials for whom or p0­ sitions for which authority Is sought, (2) the level of authority requested, and (3) the Justilication for such re­ quests. includtng a description of the type of information that Is anticIpated to require original classllicatlon (1-2). D. Record requirements. Agencies and ofliclals granted original classlli· cation authority pursuant to section 1­ 2 of the order shall maintain a current listing. by classification designation. of Indlvtduals to whom or positions to which original classillcation authority has been delegated (1-2). E. Cl/U8V(Cation procedure. Except as provided in section 1-303 of the order. the fact that the information concerns one or more of the qualllying criteria or categories of information •PurentheUcal reterences are to related sections ot Executive Order 12065. Attachment 3 Page 1 shall not create any presumption as to whether the information meets the damage tests (1-302 and 1-303). F. Foreign government in/onna· tion.-1. Identification. "Foreign gov­ ernment Information" Is:

a. Information provided to the United States by a foreign government or international organization of gov­ ernments in the expectation, express or implied, that the Information is to be kept In confidence; or b. Information produced by the United States pursuant to a written Joint arrangement with a foreign gOY· enmse"t 01 International orgail~ of governments requiring that either the information or the arrangement. or both. be kept In confidence. Such a written joint arrangement may be evi­ denced by an exchange of letters. a memorandum of understanding, or other written record <1-303 and 6-103). 2, Duration 01 cl/Usification. Unless the guidelines developed pursuant to section 3-404 of the order- or other guidelines prescribe dates or events for declassilication or for review for de· classification: a. Foreign government information shall not be assigned a date or ellent for automatic declassification unless such Is speci!led or agreed to by the foreign government or international organization of governments. b. Foreign go\'ernment information classi!led after the effective date of the order shall be assigned a date for review for declassification up to 30 years from the time the Information was classified or acquired. (1-402 and 3-404). G. Standard identification and marking,- At the time of original clas· slficatlon. the follOWing shall be shown on the face of paper copies of all classified documents: 1. Identttv of clas:ri!ier, The identity of the classifier. unless also the signer or approver of the document. shall be shown on a. "classified by" line: e.g.. "Classilled by John Doe" or "Classl· fled by Director. XXX" (1-501<a». 2. Date 0/ cl/Uril'tcation and office 01 origin. The date and olfice of origin on a document at the time of its origl· natton may be considered the date of claasllication and identllicatlon of the olfice of origin (1-501(b»,· 3. Date or event for declcssiJication or reme1D. The date for automatic de­ claasilication or for declassification revfew shall be shown on a "declassify on" or a "review for declassification on" line; e.g" "Declassify 011 1 Novem· ber 1984." "Declassify on completion of State Visit." or "ReView for declassi­ fication on 1 November 1998" (1­ 501<c». 4. Doumgrading marking&. When It Is determined (e;g., in a classification guide) that a classllied document sbould be downgraded automatically Attachment 3 Page 2 at a certain date or UlJOn a cert$­ event. that date or event shall be re­ corded on the face of the document; e.g.. "Downgraded to Sec"'t' on 1 No­ vember 1990" or "Downgra.ded to Con­ fidential on 1 December 1985" <1-5). 5. Identiti/ of ezrem;oll authoritv." The Identity of the officlaJ who autho­ rizes a date tor declassltlcatlon or for review tor dlllClassiflcation that Is more than 6 years beyond the date of the document's classification shall be shown on the document, unless that official also Is the classifier, signer, or approver of the document. This mark· Ing shall be shown substantially as fol· lows: "Extended by <Insert name or title of position of agency head or Top Secret classification authorlty)"'(1- 502). 6. Reuon for eztension. When classl· flcatlon Is extended beyond 6 years, the reason shaJl be statt'd on the docu­ ment either In nurallve fonn or by reference to an agency regulation that states the reasoh for extension In nar· ratlve fonn. The reason shall be shown substantially as follows: "Reason for extension: (State reason or applicable reference)" (1-502).

7. Overall and l'a.ge marking O/docu­ ment.s. The overall classification of a document shall be marked, stamped, or affixed pennanently at the top and bottom of the oul4ide of the front cover (if any). on the title pase (If any). on the first pase. and'on the out­ side of the back cover (If any). Each Interior pace of a classified document shall be marked or stamped at the top and bottom either according to the highest classification of the content of the page, Including the designation "Unclassified" when appropriate, or according to the highest overall classl· fication of the document. In any case, the classification marking of the page shall not supersede the classification markJng of portions of the page marked with lower levels of classiflca· tlon U-501(d)). 8. Subject and titles. Whenever prac· tlcable, subJects and titles shall be se­ lected so as not to require classlflca· tlon. When the subject or title Is clas­ sified, an unclassified ldentitler may be assigned to facWtate receipting and reference (1-5). 9. MandatoJ1l portion marking. Clas­ sifiers shall Identify the level of classi­ fication of each cl88Bifled portion of a document (lncludlns subjects and titles), and those portions that are not classlfled. Portion marIdnI sha.ll be ac­ complished by plac~ a parentQetlcal deslsnator Immediately PrecedlilB or following the text that it govems. The SYmbols "(TS)" for top secret, "(S)" for secret, "(C)" tor confidential, and "(U)" for unclassified shall be used for this purpose. U IDdlvldual portion maridng Is Impracticable, the docu­ ment "Shall cont.ln a descrtDtion suttl- IIAB AND ItI:GUlA TIONS eient to ldenttly the tAlonnatiou that Is classified and the level of sucb clas­ sification. A waiver of the portion mar~ requirement may be sranted by the DirectQr of the Intonnt.t1on Se­ CUrity Oversight Office. Requp.sts for such walvell! shall be made by the head of an aeency <lr designee to the Director and shall Include: (a) Identifi­ cation of the infonnatlon or classes of documents for which such waiver Is sought, (b) a detailed explanation of why the waiver should be granted, (c) the agenc)"s best juclgment as to the anticipated dissemination of the infor· mation or class of documents for which waiver Is sought, and (d) the extent to which the infonnation sub· ject to the waiver may fonn a buls for classlflcatlon of other documents <1- 504). 10. Material other than documents. The classification and associated markJngs prescribed by this directive of documents shall, where practicable, be affixed to material other than doc· uments by stamping, tagging, or other means. U this Is not practicable, recipi­ ents shall be made aware of the classi­ fication and associated markJngs by notification or other means as pre· scribed by the agency <1-5). 11. TralUmittal document.. A trans· mlttal document shall indicate on Its face the highest classlllcation of the information transmltted by It and the classlflcation, if any, of the transmit­ tal document. For example, an uncia&­ slfled transmittal document should bear a. notation substantially lIB fol· lows: "Unclassified When CfassUled Enclosure Is Detached" (1-5).

12. Mar!nfUI fomgn government tn­ formation. Except In those cases where such marltlnss would reveal In· teUigence infonnation. foreign govern· ment infonnation Incorporated In United States documents shall, when­ ever practicable, be identified In such manner as to ensure that the foreign government Infonnatlon Is not dticlas­ slfled preDlaturely or made accessible to nationals of a third country without consent of the orl81nator. Documents classified by a forelsn government or ISD International orsaD1zation of gov­ ernments shaD, if the foreign classUl· cation Is not In English. be marked with the equlvalent U.s. clasaltlcatlon. Foreign government Information not clasalfled by a toretcn government or an international orpn.ization of gov. ernments but provided to the United States In conlldeace by a foreign gov· ernment or by an Internatloual orsanl­ mtlon ot governments sba1l be ela8sa. fled at an appropriate level and shall be marlted with the U.s. c:1aasUlcatlon accordingly (1-6). H. Additional marki~ reC1f'Ved. ID addition to tbe mark.Ing reQUIrements In pansraph G, the foUowtnc mark· InsS shall, as appropriate, be di8p1a)oed DOE 5650.2 12-12-78 prominently on claa8lfled information. Wben 4tsplay of t.beae addit.ional ma.r1tlnga Is not practicable, their ap­ pUcabUlty to the lntonnaUon shall be Included In the written notUJcatioD of the assigned classification ( 1-5). 1. Ratricted dat4 or /ormerlll re· stricted dat4. For clasaifled informa­ tion containing restricted data or tor· merly restricted data as defined In the Atomic Energy Act of 1954. as amend· ed, such markings lIB may be pre· scribed by the Department of Energy In regulations Issued pursuant to the act s.hall be applied. " 2. InteUigence .source.! and methoda ipV'ormation. For classified "informa­ tion Involving InteWgence sources or meth0d5: "Warning Notice-Intelli­ gence SoIUCell and Methods Involved". 3. DU_trnuion and reproduction notice. For classified information that the originator has determined, pursu­ ant to sectlon 1-506 of the ortler. should be sUbject to special dlssemina· tlon or reproduction Umltatlons, or both, a statement placing the user on notice ot the restrictions shall be in­ cluded In the text of the document or on Its cover sheet: e.g .. "Reproduction requires approval of originator," or "Further dissemination only as direct­ ed by <Insert appropriate office or of· ficial)" (l-50iU. L Abbreviation&. Classified docu­ ments that are tnmsmltted electrically may be marked with abbreviations or codes In a single line to satisfy the re­ qUIrements of each subsectlon of para· graphs G and H In a mAnner consist· ent with economic and eUident use of electrical traI:IsIn.issIon systems, pro­ vIded that the-full text represented by each such abbreviation or code and Its relation to eacb subaectlon of para· ImPhs Q and H Is readily available to each expected user of tbe classified documents affected. D. DElUVATIVB CussInCATIOlf A. D~';ition. "Derivative classlfica· tion" 118 used In thl! order means a de­ termination tbat information Is In sub­ staDce the saine as infOI'lDMlOD that Is currently classified, and" a designation of the level of claaaIlleation (2-1).

B. Re.IJIoMibUi4t- DerIvative appllca­ tIon of classification D1&J'kIngs Is a re­ sponslbWty of thOlle who Incorporate, paraphrase, restate, or generate In new fonn Information that Is already classlfted. and of thOlle who applY IDIU'IdDIs In accordance with inst.nlc­ tlons from an authorized cla.lsWer or In accordance with an authorized claa­ aWcatIon IUide. Persons who applY de­ rivative classification marklna shoUld talr.e care to detennlne whether their pataphrulng, restat.lns. or IIUlDIIl&ria­ Inc of classified tntonaatlon baa re­ moved the basis tor classIIlcatioa. Where checa with orIaInators or other appropriate lnQuIrt .. ahow that. DOE 5650.2 12-12-78 no classification or a lower classlflca· tlon than originally assigned Is appro· priate, the derivative document shall be Issued as unclassified or shall be marked appropriat.elv (2-101 and 2- 102). C. Marking derivattvelv clauUied documenu. Paper copies of derivative· Iy classified documents shall be marked at the time of origination as follows: 1. The classification authority shall be shown on a "classilled by" line; e.g .• "ClassUled by (Insert Identity of clas­ Sification guide)" or "C!a.ssilled by (Insert source of orlg1na1 classUlca· tlon):' U the cla.sslflcatlon Is derived from more than one source. the single phrase "multiple sources" may be shown, provided that Identification of each such source Is maintained with the fUe or record copy of the docu· ment (2-102(c»; - 2. The Identity of the office originat· Ing the derivatively classified docu· ment shall be shown on the face of the document (2-102); 3. Dates or events for decla.sstflca· tlon or review shall be carried forward from the source material or classlflca· tlon guide and shown on a "declassify on" or "review for declassification on" line. If the classification Is derived from more than one source, the latest date for declassification or review ap­ plicable to the various source materl· als shall be applled to the new Infor· mation (2-102(c)); 4. The classUicatlon marltlng provi· slons of sectiOns 1.0. T through 9 and 1.0. 12 are also applicable to deriva· tlvely classUled documents (2-102(c»; Ii. Any additional marldng under sec· tlon La of this dlrectlve appearing on the murce material shall be carried forward to the new material when ap­ propriate (2-102(c)); and 6. Any abbreviation or code permit­ ted under section L L of thJa cl1rectlve may be applied to derivatively clust· fled documents. D. ~tion g1dctu.-1. R4!quil'l!' menU. ClassUlcation guides laaued pursuant to section 2-2 of the order shall: II.. Identify the Information to be protected. usJng categorization to the extent necessary to Insure that the In· formation Involved can be Identified readily and unUormly (2-201); b. State which of the claasUlcatlon designations (Le .• top secret. secret. or confidential) applies to the Informa· tlon (2-201); Co State the duration of classltlcatlon In terms of a period of Ulne or future event. When such duration Ia to exceed 6 years. the reuon for such ex· tension shall be provided In the guide. However. It the inclusion of classified reasons would result In a level of clas· slflcation for a guide that would inhlb­ It Its desirable ana req ulred dlssemtna· RULES AND REGULATIONS tlon. those reasons need be recorded only on or with the record copy of the guide (2-201); and d. indicate how the designations, time limits. markings. and other reo qulrements of the order and thla dlrec· tlve are to be applied. or make specifiC reference to agency regulations that provide for such application (2-201).

2. RevietD and neord requirements. Each classification guide shall be kept current and shall be reviewed at least once every 2 years. Each agency shall maintain a list of all Its classification guides In current use (2-2). III. DECLAsSlnCATtON AND DoWNGRADING A. Record requirements. Agencies and officials granted original classlfl· cation authority pursuant to section 1- 2 of the order shall maintain a record of individuals or positions designated as declassification authorities pursu· ant to section 3-103 of the order (3- 103). B. Decllu~cation policv. In making determinations under section 3-303 of the order. ofCiclals shall respect the Intent of the order to protect foreign government Information and conflden· tIal foreign sources (3-303). C. SystematiC Revit!1D lor Declcuri/i· cation.-1. Svstemattc revietD guide· lines. II.. U.S. originated in/ormation. Sys· tematic review guidelines shall be kept current through review at least every 2 years, unless earlier review for revi· slon Is requested by the Archivist oC the United States (3-402). b. Fomgn government in/OM714tion. Within 1 year after the effective date of the order. heads of affected agen· des ahall. In consultation with the AI· chJv1st and In accordance with the pro­ visions of section 3-404 of the order. develop systematic review guldeUnes for 30-year-old foreign ,pvernment In· formation. These guldeUnes shall be kept current through review by &aency heads at least once every 2 years. unless earlier review for revision Ia requested by the Archivist 01 the UnltedStates. A copy of these guIde­ lines and any revisions thereto shall be furnished to the Information Secu. rity Oversl,ht Office. Upon request. the Department of State shall provide advice and sucb assistance as Is neces­ sary to effect foreign government co· ordination 01 the guidelines (3-404). 2. Systematic revU1D ProcedUre.t.-L ScMduling lor sv.tematic review. CIas· sUled nonpermanent recorda that are scheduled to be retained for more than 20 years need not be systematl· cally reviewed but shall be reviewed for declassification upon reqaest. Within 60 days of the effective date of the order. heads of a8encles and offl· clals deslsnated by the President pur· suant to section 1-2 of the order shall Attachment 3 Page 3 direct that all classified records 20 years old or older. whether held In storage areas by the agency or in Fed· eral records centers. be surveyed to identify those that require scheduling for future disposition. Such scheduling shall be accomplished within 2 years of the effective date of the order (3- 401>. b. EZUnding clcusi/ication alter rev1etD.-<l) Foreign government in/or. mation. Agency heads listed In section 1-2 and officials deslrnated by the President pursuant to section 1-201 of the order may extend the classlfica· tlon of foreign government Worma· tlon beyond 30 years. but only in ac· cordance with sections 3-3 and 3-404. This authority may not be delegated. When classification Is extended beyond 30 years. a date no more than 10 years later shall be set for declassl· flcatlon or for the next review. Subse· . quent reviews for declasslClcation shall be set at no more than 10·year Inter· vals (3-404).

(2) Waivers ollurther review. Heads of agencies listed In section 1-2 and of· ficlals designated by the President pursuant to section 1-201 of the order may request from the Director of the Oversight Office a- wah'er of the 10- year review requirement for both U.S.­ originated and foreign government in· formation. Such requests shall InclUde a personal certification by the ag~ncy head that the classified Information for which the waiver Is sought has been systematically reviewed as reo qulred, and that a definitive date for declassification could not be deter· mined. Waivers should not be request· ed unless the results of the review have established an Identifiable need to continue classUlcaUon for a period In excess of 20 additional years. Each request shall Include a recommended date or event for subsequent review or automatic declassUlcatlon (3-40ll. Co Assistance to tJu ArchivLIt.-<ll The head of each agency shall desig. nate experienced personnel to asslat the Archlvlat of the United States In the systematic review of 20·year-old U.8.-origlnated information -and 30- year·old foreign government Informa· tlon accessloned Into the National AI· chives of the United States. Such per· sonnel shall: (a) Provide guidance and assistance to National Archives employees In ldentUyIng and separating documents­ and specltlc categories of Information within documents that are deemed to require continued classification; and (b) Submit to the head of the &Cency recommendations for continued classl. flcation that Identity documents or SPeCUlc categories of information so separated. (2) The head 01 the agency shall then make the determinations person· ally and In writing required under sec· FlDEIA1 UOISTa. VOL a. NO. 1M-THUIlSDAY. OCTOII. S. 1971 Attachment 3 Page 4 lion 3-401 of the order u to which documents or catell1'ries of informa­ tion require contiDued protection. The agency shall intOl1ll the ArebJvist. of the United States of this detennlrul­ tioD <3-4). d. Special procedure.s. Special proce­ dures for systematic review and declas­ sification of classified cryptololic in­ fonnatlon and c1a.ssJfled Informatkm concernJng the Identities of clandes­ tine human Bjfents promulgated In ac­ cordance with the provisions of section 3-403 of the arder shall be binding oa all ageDCies (3-403). e. Eomgn. rt!t4t1on.t aeriea. In order to permit the editors of foreign rela­ tions of the United states to meet t.heir mandated Iro&) of pubUsbJng 20 yean alter the event. heads of depart.­ ments and agenctes are requested to assist the editors In the Department of State by facilitating access to appro­ priate clasrifled materials In their cus­ tody and by expediting declaasUlca.tloo review of Items from their lUes select­ ed for publication (3-4). D. Procedura lor mandato", ctecllU­ aViCatum revie0. 1. U.S.-origjnated in/onnaUon.-L Action on an initial TequnL Each Agency sh&ll des\aDlLte. In Its imple­ menting regulations pubUsbed In the FEDERAL lbGIsTEa. otrlces to which re­ quests for mandatory review for de­ cl:I.sstficatioo may be c:Urected. Upon request for decta.ssUlcatioD pursuant to section 3-5 of the order. agenCies shall apply the foUowlng procedures: (1) The desi8Dated olflces shall ac­ knowledge receipt of the request. (21 Whenever a request does not rea.­ sonably describe the informatloo sought. the requestor sba1l be· notUled that unless additional InfOrmatiOD Is provtded or tbe scope of the request Is narrowed. DO further action wW be UD­ dertaken <3-501>.

b. II\fOrm4tto1a In 1M catodll 0/ and ¥ntUr 1M aclu.riw tUc~ton authoritJl 0/ em ~ The desflfD&t­ ed office shall determine whether. under the declassUlcation provisions of seetlon 3-3 of the order. the re­ quested information may be declasld­ fled and. U &0. shall make IR1Ch infor­ mation avallable to the requestor. unfesa withholc:Uns Is otherwise war· ranted under applicable law. U the In· formatloll may not be released In whole or In part, the requestor shall be !dven a brief at.atement as to the reasons for denJal. a notice of the right to appeal the determJnation to a designated agency appellAte authortty (lncludiDIJ name. title. and address of such authoritJ'l. and a notice that such an appeal must be rUed with "the agency withln 60 daya in order to be considered (1-5011. c. In/Onn.ution cl4u(fied btl ~ oUter tIhln 1M eautoclUd ~ When an IInncy receives a request for infOI'· lUtES AND REGULATIONS maUon In Ita custodJ' that wa.s classi­ fied by another agency. Is shall for­ ward the request to the appropriate agency for review. together with a copy of the document contalnfnlr the information requested where practica­ ble, and, with Its recommendation to withhold any of the information where appropriate. Unless the agency that classified the Information objects on grounds that Its lI&'IOdatJon with the information requJ.rejj protection. the 88et:1C)" that received the request shall also noWy the requestor' of the referral. Alter the agency that claai­ fled the lnlormatlon CODlIIletes Its review (In coordination with other agenctes that. a dlreet Interest In the lubJect matter). a response shall be sent to the requestor In accordance with the Pf1)Cedures described above. If requested, the agency shall also col1l.ll1l.Ullca.te Its determination to the referring agency (a:-60l>. d. ActUm 0" 4~ The head of an agency or a designee. shall establish procedures to act w1thln 30 days upon an aweaIa of denialii of requests for declassification. These procedures shall provide for meaninIlful IlllpeUate consideration. shall be forwarded to the Oversight Ofllce for review. and sbaU be published In the Fcaw. Rm­ ISTER. In accordance with these proce­ dures. agencles shall detennfne wheth­ er continued classification Is required In whole or In part. notUy the reques­ tor of the determlna.tlon. and make aVlUlable any lntormaUon that Ia de­ c1a.ssJffed and otherwise releasable. U continued cfa.ssillcatfOD Is required under the provl&ona of section 3-3 of the order. the requestor shall be noti­ fied of the reasons therefor. U re­ quested, the aceDC)' ab&ll alliO commu­ nlcate the appeal determination to 1lIIY referring agency (3-5 aDd 5- 4"(c»: e. Fea. If the request requires the readerina' . of -services for whieb fair and equit.abfe fees !Day be charged pursuant ot tlue 5 of the Independent Omcee Appropriation Act. 65 Stat.. 290. 31 U.B.C. 483a (19761. such fees may be Imposed at the dl.seNUon of the aaency render1nlr the services. Schedules of such fee. shall be pub­ lished In the FEDaw. RaGurra:a (3- 60l). <2. Fomrm j/Olleniment i"'orn&4tion. Except 118 provfded .hereiDafter. re­ questa for mandatory review for the declasslttcatfon of claasllied docu­ ments that contain foreign lovern­ ment information ab&U be processed and acted upon In accordance with the provlsfons of section 0.1 above. U the agency reeelvtnc the request Is also the aeency that Inltlally received or classUled the foretlll aovernment in­ formation, It sball determine whether the foreign lovenuuent lntormatfoo In the document may be declaaltJed aad

DOE 5650.2 12-12-78 released In accor~ with aceucy policy or ruldeUnes. alter ClHllwtlng with other alrencles that have subject matter Interest as nec:es&al'Y. If the qency receiving the request Is not the agency. that received or cJassUled the foreign lovernment Inlormatlon. it sbaU refer the request to the appropri­ ate agency. wbJcb shall take action as cSescrtbed above. Incluc:Uns its recom· mendatlon to wlt.bhold aJIl1 of the in­ formation Where appropriate. In those cases where Blrency pollcy or culde. lines do not apply. consultation with the foreign oriSinatOr through appro­ priate c:bannels may be advisable prior to final action on the request (3-5). IV. 8Ana17A1U1D1O A. GenemL Information classilled pursuant to Executive Order l2D65 or prior orders shall be aUorded II. level ot protection a.p.Inst unauthorized dis­ clOSlUe commensurate with Its level of dassUlca.tlon (4-11. B. General re.strictiom on a.c:cur. 1_ Determination at net!d·to-knoto. CIa.sstf1ed lnformaUon shall be made available to a person onlY when the possessor of the c:la8sUled lntormatioD establishes In each. instance. except 118 provided In section 4-3 of the order. that access Is essential to the accom­ plishment of' officl&l Government duLles or contractual Obliga.tlODS (4- 101). 2. Detennin4tion at tnllttOOrlhineu. A person Is ell!dble for access to claasl· tied information only after a showing of trustworthfness as determlned by 8If1!IlCY heads based upon appropriate InvesUptions In accordnnce with ap­ plicable stancIarda IIIld ci1ter1a (4-10ll. C. Acea. btl htstoncal reualdlen 4nd forTtIn' Praidmttal 4ppointee&. Acendes shall obtaJo: (1) Writt.ea ~nta from requeston to sate­ IIUUd the information to whteh they are stvenaocess sa permit.ted bv the on:Ier aDd this clfrec:Uve: aDd (2) writ.. ten CODSeDt to the lI8eIIC1'a revtew ot their notes and man\.lSCl1pta for the purpose of determJDin8 that DO cla8s1- fled iD1ormaUoo Is contalned therem.. A determfDatloa of t.rustJrortblne 14 a preccmcUUon to a requ~s IICDesII. U the access requested by bJstortca1 reselU"cbers aDd former Presldentfal appointee. requires the rendering of services for wbleb fair aDd equitable fees may be cbarced pursuant to title Ii of the Independent OfUces Appro. PrtaUODS Act. 65 Stat,. 290. 31 U.s_C.' 483a (1978). the requestor shall be so noWled aod the fees may be Imposed (4-3). D. Diarmdn4lion.. Exoept as other­ wlae provided by section lOa of the Na­ tional Securtty Act of 11147. 61 stat. 49&. 50 U.s.C. 403 UG'lO IIDd Supp. V 1t75). classified information orta:tnat­ lng In one G1reDCY may DOt be c:Ussem1. Dated outside any other Q.IfeDC)' to { \ DOE 5650.2 12-12-78 which it has been made available with­ out the consent of the originating agency (4-403)_ E_ Accountabtutv procedures_-l. Top secret. Top secret control officers shall be designated to receive. trans­ n;it. and maintain current access and accountability records for top secret Information. An inventorY of top secret documents shall be made at. least annually; however. heads of agencies may authorize the annual in­ ventorY of top secret. documents In re­ positories. libraries. or activities that store large volumes of such informa­ tion to be limited to documents to which access has been afforded within the past 12 months. The Director of the Oversight Office may grant a waiver with respect to the requirement of an annual Inventory for storage sys­ tems involving large volumes of Infor· matlon If security measures with re­ spect to such storage systems are ade· quate to prevent access by unauthor­ IZed persons (4-103).

2. Secret and confidentiaL Secret and confidential classified information shall be subject to such controls and current accountabillty records as the head of the agency may prescribe (4- 103). P. Storage. Cln.sslfled informatIon shall be stored only In facl11t1es or under condItions adequate to prevent unauthorized persons from gaining access to It (4-103). 11.· Top !ecret. Top secret informa­ tion shall be stored In a GSA·ap­ 'Proved, safe· type. steel rue cabinet having a bu11t·1n. three-posltlon. dlal­ type combination lock or wlthln an ap­ proved vault, or vault-type room. or In other storage facl11ty that meets the standards for top secret established under the provtstons of subsection 3 below. In addltlon. heads of agencIes shall prescribe such addltlonal. supple­ mentary controls as are deemed appro­ priate to restrict unauthorized access to areas where such information Is stored (4-103). 2. Secret and confidentiaL Secret and confidential information shall be stored In a manner and under the con· dltlons prescribed for top secret Infor· matlon. or In a container or vault that meets the standards for secret or con­ fidential. established pursuant to the provisions of subsections 3 or .. below (4-103). 3. StandanU lor ,ecunlv equipment. The General Senlces AdmJn1stratlon shall. In coordination with agencies origtnatinll c1aasUied information. es­ tablish and publish uniform standards. specifications. and supply schedules for containers. vaults. alarm systems. and associated securlty devices suit· able for the storage and protectlon of all categories of classified Informatlon. Any agency may establish more strin­ gent standards for Its own use. When- RULES AND REGULATIONS ever new security equipment Is pro­ cured. It shall be In conformance with the standards and speclflcatlons re­ ferred to above and shall. to the maxI­ mum extent practicable. be of the type designated on the Federal Supply Schedule. General Senlces Adminls· tration (4-103). 4. E.:rceptton to .tandanU for secun' til equtpment.-a. Secret and confiden­ tial Information may also be stored In a steel filing cabinet having a bunt-In. three-position. dlal·type. changeable combination lock. or a steel tiling cabi­ net equipped with a steel lock bar. pro­ vided It Is secured by a three-position. changeable. combination padlock ap- . proved by GSA for the purpose. The storage of secret Information In the steel tiling cabinets described above re­ quires the use of such supplementarY controls as the head of the agency deems necessary to achieve the degree of protection warranted by the sensi­ tivity of the Information Involved (4- 103). b. Por protection of bulky secret and confidential material (for example. weaponrY containing ctassUied compo­ nents) In masaz1nes. strong rooms. or closed areas, access oenln8ll may be se­ cured by changeable combination or key·operated, high-security padlocks approved by GSA. When key-operated padlocks are used. keys shall be con· trolled In accordance with subsection 8 below (4-103). 5: Combination.J.-a. Equipment in .Jennce. Combinations to dlal·type locks shall be chansed only by persons having appropriate security clearance. and shall be changed whenever such equipment Is placed In use. whenever a person knowing the comblnatlon no longer requires access to the combina­ tion. whenever a combination has been subjected to possible compromise. whenever t.he equlpment Is taken out of service. and at least once every year. Xllowledge of combinations pro­ tecting claaalfled information shall be llmIted to the minimum number of persons necessary for operating pur­ poses. Records of combinations shall be claaalfled no lower than the highest level of classified information to be stored In the security equipment con· cerned (4-103).

B. Equipment out 01 ,cMlice. When security equipment having a built-in combination lock Is taken out of sen­ Ice. the lock shall be reset to the standard comblnatlon 56-25-50. Com­ bination padlocks shall be reset to the 'Standard combination 16-26-30 (4- 103l. 6: Kep. Beads of agencles shall es­ tabllsh admJnlstrative procedures for the control and accountabWty of keys and locka whenever key-operated, hlgb-securtty padlocka are utlllzed. The level 01 protection provided such keys shall be equivalent to that afford· Attachment 3 Page 5 ed the classified Informatton being prot.ected. Under no circumstances may keys be removed from the prem­ Ises. They shall be stored In a secure container (4-103). 'I. Responajbilitfes of cwtodians. Persons entrusted with classified In· formation shall be responsible for pro­ viding protection and accountablility for such Information at all times and lor locking classtfted Information In approved security equipment when­ ever It Is not In use or under dlrect suo penlslon of authorized persons. CUsto­ dians shall follow procedures that Insure unauthorized persons do not gatn access to classtfled information (4-103). 8 •. Inspection.f. Individuals chazoged with t.he custody of classified informa­ tion shall conduct. the necessary In· spections within theIr areas to Insure adherence to procedural safeguards prescribed to protect classified Infor· matlon. Agency security officers shall Insure that periodic Inspections are made to determine whether procedur· al safeguards prescribed by agency regulations are In effect at all times (4-103). G. TranamfttaL-l. Preparation a7ld receipting. Classified information shall be enclosed In opaque inner and outer CO\'ers before transmitting. The Inner cover shall be a sealed wrapper or envelope plainly marked with the assigned classification and addresses of both sender and addressee. The outer cover shall be sealed and ad· dressed with no Identification of the classification of Its contents. A receipt shall be attached to or enclosed In the inner cover. except that confidential information shall require a receipt only If the sender deems It necessary. The receipt shall Identify the sender. addressee. and the document. but shall contain no classified information. It shall be immediately signed by the re­ clplent and returned to the sender. Any of these wrapping and receipting requirements may be waived by agency heads under condltions that wlll provide adequate protection and prevent access by unauthoriZed per­ sons (4-103). 2. Transmittal of top ucret. The t.ransmlttal of top secret information shall be by specifically deslimated per­ sonnel, by State Department diplo­ matic pouch, by a messenger-courler system specially created for that pur· pose, or over authorized secure com· municatlons circuits (4-103). 3. TranamWal 01 ,ecreL The trans­ mittal of secret material shall be ef· fected In the following manner: L 'I'M so Statu. Dfatrfct 0/ Colum­ bia, and Puerto Rfco. Secret informa­ tion may be transmitted within and between the 50 States. District of Co­ lumbia. and Puerto Rico by one of the means authorized for top secret Infor· FlDDAL IEGlmR, VOL 43, NO. 1M-THUISDAY, ocrOIU 5. 1978 .l\ttachment 3 Page 6 mation. by the U.S. Postal Service reg· Istered mall. or by protective services provided by U.s. alr or surface com· mercial carriers under such conditlollll as may be prescribed by the head oC the agency concerned (4-103).

b. Canadian Government IrutaUa. tions. Secret lnConnation may be transmitted to and between United States Government anll Canadian Government installations in the 50 States. the District of Columbia. and Canada by United States and Canadi· an reg1st.ered mall with regbtered mall receipt (4-103). c. Other areas. Secret Information may be transmitted from. to. or wltbin areas other than those specified in subsections a or b above by one of the means established for top secret Infor· mation. or by U.S. registered mall through Army. Navy. or AIr Force Postal Service facilities provided that the information does not at any time PILS3 out of U.s. citizen control and does not PILS3 through a foreign postal system. Transmittal outside such areas may also be accomplished under escort of appropriately cleared personnel aboard U.S. Government and U.S. Government contract vehicles or air· craft. ships of the United States Navy. civil servlce manned U.s. Naval ships. and ships of U.S. Regbtry. Operators oC vehicles. captalllll or masters oC ves· sels. and pilots of aircraft who are U.S. cltlze1\5 and who are appropriately Cleared may be designated as escorts (4-103). 4. Tran&mitt4l of confidential infor­ mation. Confidential Information shall be transmitted within and be­ tween the 50 States. the Dllltrict of C0- lumbia. the Commonwealth 01 Puerto Rico. and U.s. territories or posses. slona by one of the means establJahed for hlgher cllISsU1catlollll. or by U.s. Postal Service certified. first class. or express man service when prescribed by an agency head. Outside these areas, confidential information shall be transmitted only JaB III authorized for hlgher classUlcatlo1\5 (4-103). RULES AND REGULATIONS H. LOSI or po,slble compromise. Any person who has knowledge 01 the loss or possible compromise 01 classified In· formation shall immediately report the circumstances to an oCflclal desig· nated by the agency or Drganlzatlon. In turn. the orrtnatlng agency shall be notified about the loss or compromise In order that a damage assessment may be conducted and appropriate measures taken to negate or minImize any adverse effect 01 such a compro­ mise. An immediate inquiry shall be initiated by. the agency under whose cognizance the loss or compromise oc· curred. for the purpose o( taking cor· rectlve measures and appropriate ad· minlstrative. dlaclpllnary. or legal action (4-103). I. Destruction. Nonrecord classified information that has served its intend· ed purpose shall be destroyed In ac· cordance with procedures and meth· ods approved by the head 01 the agency. The method of destruction se­ lected must preclude recolPlltion or re­ construction of the classified Inlorma­ tion or material (4-103). V. b1PLDdElfTATIOIf Alf1) REVIEW Challenges to clasSV'fcalton. Aaency pro81'1UllS established to Implement the order shall encourage holders 01 classified In!ormatlon to challenge . classlflcation In cases where there is reasonable cause to believe that infor· matlon III classified unnecessarily. im· properly. or for an inappropriate period 01 time. These programs shall provide lor action on such challenges or appeals relating thereto within 30 days of receipt and for notilication to the challenger of the results. When re­ quested. anonymity 01 the challenger s~ be preserved (5-404(dll. VI. GElfElIAL PBOVISIOIfS A. Notification. Notification 01 un· schedUled changes in clLIaslflcation or changes in duration 01 classification may be by general rather than specific notice (4-102).

B. POlled notice. U prompt remark· DOE 5650.2 12-12-78 Ing 01 large quantities of Information woUld be unduly burdensome. the cus· todlan may attach a change 01 classlfi· cation notice to the storage unit in lieu of the marking action otherwise required. Each notice shall indicate the change. the authority for the action. the date of the action. and the storage units to Which It applies. Items permanently withdrawn Irom such storage units shall be marked prompt· ly in accordance with the marking pro­ visions herein. However. when infor· matlon subject to a posted downBTad· Ing. upgrading. or declassillcation notice Is withdrawn from one storage unit solely lor transfer to another. or a storage unit containing such infor· matlon Is translerred (rom one place to another. the transfer may be made without marking II the notlCt'> Is at· tached to or remains with each ship­ ment (4-102). C. Doumgradlng. decku,(ffcation. and upgrading markings. Whenever a change is made 1:1 the original classifl· cation or in the dates of downgrading or declassification 01 any classified In· formation. it shall be promptly and conspicuously marked to indicate the change. the authority (or the action. the date of the action. and the Identi· ty 01 the person taking the. ~tlon. Earlier classlflcatlon mukings shall be cancelled when practicable (4-102) . D. Combat operations. The provi­ sions 01 the order and this Directive with regard to dissemination. trans­ mittal. or safeguarding of classilled in· formation may be so modified in con· nectlon with combat or combat-related operatlo1\5 as the Secretary 01 Defense may by regulations prescribe (4-103). E. Publtcation and effective dale. Thill directive shall be published in' the FEDERAL REGISTER. It shall become effective December 1. 1978 (6-204). JAKES B. RHOADS. Acting Chairman. lnteragmC1/ CllU.Ytficatton Revie1D Com· mittee. Ocroam 2. 1978. (PR Doc. 78-28l01 PlIed 10-4-18: 8:45 am) flD11At. IEGISTER, VOL 43. NO. lM-THUISDAY, OCfOIU 5, 1m ( (