DOE O 5650.2A, Classification of Information Manual
Functional areas: Information Security
To specify responsibilities, authorities, policy, and procedures for the management of the Department of Energy (DOE) classification system. Cancels DOE O 5650.2, dated 12-12-1978. Canceled by DOE O 5650.2B, dated 12-31-1991.
Supersedes:
DOE O 5650.2, Classification of Information on May 08, 1985
Superseded By:
DOE O 5650.2B, Identification of Classified Information on Dec 31, 1991
Version history and related documents
Superseded by
A newer version replaces this document.
- DOE O 5650.2BIdentification of Classified Information (Dec 31, 1991)
Supersedes
Earlier documents this one replaced.
- DOE O 5650.2Classification of Information (May 08, 1985)
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
1
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ORDER
I DOE 56502A I
5-8-85
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DEPARTMENT OF ENERGY
CLASSIFICATION
OF
INFORMATION
MANUAL
u.s. Department of Energy
Washington, D.C.
ORDER
DOE 5650.2A
5-8-85
1.
SUBJECT: CLASSIFICATION OF INFORMATION
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PURPOSE. To specify responsibilities, authorities, policy, and procedures
for the management of the Oepartment of Energy (DOE) classification system.
2. CANCELLATION. DOE 5650.2, CLASSIFICATION OF INFORMATION, of 12-12-78.
3. SCOPE. The provisions of this Order apply to all Departmental Elements and
contractors and subcontractors performing work for the Department as pro
vided by law and/or, contract and as implemented by the appropriate con
tracting officer.
4. REFERENCES.
a. Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011-2296 (Atomic
Energy Act), which established procedures for control of atomic energy
information.
b. Department of Energy Organization Act of 1977, Public Law 95-91, which
created DOE.
c. DOE Delegation Order No. 0204-2, 10-1-77, which authorizes the Assistant
Secretary for Defense Programs (DP-1) to direct and administer the DOE
classification program, based on the Atomic Energy Act.
d. DOE Delegation Order No. 0204-101, of 8-1-82, which. authorizes DP-1 to
direct and administer the ODE information security program, based on
Executive Order 12356.
e. Energy Reorganization Act of 1974, as amended, Public Law 93-438, which
created the Energy Research and Development Administration (ERDA) and
,the Nuclear Regulatory Commission (NRC).
?
f. Executive Order 10290, "Prescribing Regulations Establishing Minimum
Standards for the Classification, Transmission, and Handling, by Depart
ments and Agencies of the Executive Branch, of Official Information
which Requires Safeguarding in 'the Interest of the Security of the
United States," of 9-24-51 (superseded by Executive Order 10501).
g. Executive Order 10501, as amended, "Safeguarding Official Information in
the Interests of the Defense of the United States," of 11-5-53
(superseded by Executi ve' Order 11652), whi ch establ i shed requi rements
concerning classification of defense information.
DISTRIBUTION:
All Departmental Elements
INITIATED BY:
Office of Classification
2 DOE 5650.2A
5-8-85
h. Executive Order 10964, "Amendment of Executive Order No. 10501 Entitled
ISafeguarding Official Information in the Interests of the nefense of
the \Jnited States, III of 9-20-61 (superseded by F.xecut i ve Order 11052),
which amended classification requirements of Executive Order 10501.
i. Executive Order 11652, as amended, "Classification and Declassification
of National Security. Information and Materials," of 3-8-72 (superseded
by Executive Order 12065), which provided new requirements concerning
classification of information.
j. Executive Order 12065, "National Security Information," of 6-2R-78
(superseded by Executive Order 12356), which provided new requirements
concerning classification of information.
k. Executive Order 12356, "National Security Information," of 4-2-R2, 3 CFR
166 (1983), which provides new requirements concerning classification of
; nformati on.
1. 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.
m. Information Security Oversight Office Oirective No.1, "National
Security Information," of 6-23-82,32 CFR 2001 (l984) , which supplements
Executive Order 12356.
Section 2
n. National Security Act of 1947, as amended, Public Law 80-253, which
created the Department of Oefense (OOn).
o. Patent Secrecy Act of 1952, Public Law 82-593, which established
authority for imposing secrecy on patents of importance to the national
security. •
p. Presidential Order, "National Security Information," of 5-7-82, 3 CFR
?57 (1983), in which the President authorizes particular officials to
classify information originally (the Secretary of Energy is granted Top
Secret Original Classification Authority).
q. Privacy Act of 1974, 5 U.S.C. 552a, which established requirements for
Government protection of personal information.
BY ORDER OF THE SECRETARY OF ENERGY:
WILLIAM S. HEFFELFINGER
Director of Administration
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DOE 5650.2A
5-8-85
TARLE OF CONTENTS
CHAPTFR I - ABBREVIATIONS ANn OEFINITIONS
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Ahbreviation~ ••••••••••••••••••••••••••••••••••••••••• ••••••••••••••
nefinitions •••••••••••••••••••••••••••••••••••••••••••••••••••••••••
a. Administrative Information ••••••••••••••••••••••••••••••••••••••
b. Authorized Classifier •••••••••••••••••••••••••••••••••••••••••••
(1) Original Classifier••••••..••••••••••••••••••••••••••••••••
(2) Derivative Classifier ••••••••••••••••••••••••••••••••••••••
c. Authorizing Official ••••••••••••••••••••••••••••••••••••••••••••
d. Classification•••••••••••.•••••.••••••••••••••••.•.••••.••••••••
(1) Original Classification••••••••••••••••••••••••••••••••••••
(?) Derivative Classification ••••••••••••••••••••••••••••••••••
(a) Restricted Data or Formerly Restricted Oat~•••••••••••
(b) National Security Information •••••••••••••••••••••••••
P.. Classification Appraisal ••••••••••••••••••••••••••••••••••••••••
f. Classification Authority ••••••••••••••••••••••••••••••••••••••••
(1) Original Classification Authority ••••••••••••••••••••••••••
(2) Derivative Classification Authority ••••••••••••••••••••••••
g. Classification Board~•••••••••••••••••••••••••••••••••••••••••••
h. Classification Category •••••••••••••••••••••••••••••••••••••••••
i. Classification Guide••••••••••••••••••••••••••••••••••••••••••••
j. Classification level •••.•.•••••..••••••••••••••.•••••••.••.•••••
k. Classification/Security Markings ••••••••••••••••••••••••••••••••
1. Classification Officer••••••••••••••••••••••••••••••••••••••••••
(1) Department of Energy Classification Officer••••••••••••••••
(2) Contractor Classification Officer ••••••••••••••••••••••••••
m. Classification Policy •••••••••••••••••••••••••••••••••••••••••••
n. Classification Violation ••••••••••••••••••••••••••••••••••••••••
o. Classified nocument •••••••••••••••••••••••••••••••.•••••••••••••
p. Classified Information •••••••••••••.••••••••••••••••••••••••••••
q. Confidential ••••••••••••••••••••••••••••••••••••••.••.••••••••••
r. Confidential Source •••••••••••••••••••.••••••••••••••••••••••.••
s. Contractor Classification Officer•••••••••••••••••••••••••••••••
t. Contractor Organization •••••••••••••••••••••••••••••••••••••••••
(1) Prime Contractor Organization ••••••••••••••••••••••••••••••
(2) Subcontractor Organization •••••••••••••••••••••••••••••••••
u. Oeclassification ••••••.•••••••••••••••••••••••••••••••••••••••••
v. neclassification Authority ••••••••••••••••••••••••••••••••••••••
w. neclassification Event ••••••••••••••••••••••••••••••••••••••••••
x. neclassification Guidance •••••••••••••••••••••••••••••••••••••••
y. neclassification Policy •••••••••••••••••••••••••••••••••••••••••
z. Declassified Document ••••••••••.••••.••••••••.••••••••••..••.•.•
Section 3
aa. neclassified Information •••••••••••••.••••••••••••••••••••••••••
bb. Oenying Official •••.••.•••••••••••••••••.•••••••••••••••••••••••
CC. nepartmental Element ••••••••••.•••••••••••••••••••••••••••••••••
(1) Headquarters Element •••••••••••••••••••••••••••••••••••••••
(2) Field Element ••••••.•.•••••••••••••••••••••••••••••••••••••
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nepartment of Energy Classification Officer •••••••••••••••••••••
Oerivative Classification •••••••••••••••••••••••••••••••••••••••
Derivative Classification Authority ••••••••••• ~ •••••••••••••••••
Derivative Classifier•••••••••••••••••••••••••••••••••••••••••••
Derivative Declassifier•••••••••••••••••••••••••••••••••••••••••
Document ••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Downgrading •••••••••••••••••••••••••••••••••••••••••••••••••••••
Fi el d El ement •••••••••••••••••••'••••••••••••••••••••••••••••••••
Foreign Government Information ••••••••••••••••••••••••••••••••••
Formal Report •••••••••••••••••••••••••••••••••••••••••••••••••••
Formerly Restricted Data ••••••••••••••••••••••••••••••••••••••••
Government Agency •••••••••••••••••••••••••••••••••••••••••••••••
Headquarters Classification Representative ••••••••••••••••••••••
Headquarters Element ••••••••••••••••••••••••••••••••••••••••••••
Information •••••••••••••••••••••••••••••••••••••••••••••••••••••
Information Security Oversight Office •••••••••••••••••••••••••••
local Classification Guide ••••••••••••••••••••••••••••••••••••••
Mandatory Review••••••••••••••••••••••••••••••••••••••••••••••••
Material ••••••••••••••••••••••••••••••••••••••••••••••••••••••••
National Security •••••••••••••••••••••••••••••••••••••••••••••••
National Security Information •••••••••••••••••••••••••••••••••••
Office of Classification ••••••••••••••••••••••••••••••••••••••••
Office of Safeguards and Security•••••••••••••••••••••••••••••••
Official Information ••••••••••••••••••••••••••••••••••••••••••••
Official Use Only •••••••••••••••••••••••••••••••••••••••••••••••
Original Classification •••••••••••••••••••••••••••••••••••••••••
Original Classification Authority •••••••••••••••••••••••••••••••
Original Classifier•••••••••••••••••••••••••••••••••••••••••••••
Portion Marking •••••••••••••••••••••••••••••••••••••••••••••••••
Prime Contractor Organization •••••••••••••••••••••••••••••••••••
Program Classification Guide ••••••••••••••••••••••••••••••••••••
Reclassification ••••••••••••••••••••••••••••••••••••••••••••••••
Responsible Reviewers •••••••••••••••••••••••••••••••••••••••••••
Restricted ••••••••••••••••••••••••••••••••••••••••••••••••••••••
Restricted Data •••••••••••••••••••••••••••••••••••••••••••••••••
Sanitizing ••••••••••••••••••••••••••••••••••••••••••••••••••••••
Secret ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Sensitive Compartmented Information •••••••••••••••••••••••••••••
Source Document •••••••••••••••••••••••••••••••••••••••••••••••••
Subcontractor Organization ••••••••••••••••••••••••••••••••••••••
Systematic Review •••••••••••••••••••••••••••••••••••••••••••••••
Systematic Review Guidelines ••••••••••••••••••••••••••••••••••••
System Manager ••••••••••••••••••••••••••••••••••••••••••••••••••
Top Secret •••.....•.•.•.••••••••••..••.•....••.•••.••.••.••••••.
Transclassification •••• ; ••••••••••••••••••••••••••••••••••••••••
IJncl assi fi ed ••••••••••••••••••••••••••••••••••••••••••••••••••••
Unclassified Controlled Nuclear Information •••••••••••••••••••••
Upgrading •••••••••••••••••••••••••••••••••••••••••••••••••••••••
Visual Materials ••••••••••••••••••••••••••••••••••••••••••••••••
Section 4
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Responsible Reviewers •••••••••••••••••••••••••••••••••••••••••••••••
Field Element and Contractor Employees ••••••••••••••••••••••••••••••
Heads of Field Elements •••••••••••••••••••••••••••••••••••••••••••••
Field Element and Contractor Classification Officers ••••••••••••••••
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CHAPTER II - RESPONSIRILITIES AND AUTHORITIES
PART A - HEAnOlJARTERS ••••••••••••••••••••••••••••••••••••••••••••••••••••
1. Secretary•.....••.••.........•...••....•......•.••..•.••.•.•.•..•...
2. Assistant Secretary for Defense Programs ••••••••••••••••••••••••••••
3. Deputy Assistant Secretary for Intelligence•••••••••••••••••••••••••
4. neputy Assistant Secretary for Security Affairs •••••••••••••••••••••
5. Director of Classification••••••••••••••••••••••••••••••••••••••••••
a. General Responsibilities and Authorities ••••••••••••••••••••••••
b. Responsibilities and Authorities Derived From
Executive Order 12356 •••••••••••••••••••••••••••••••••••••••••
6. Heads of Headquarters Elements ••••••••••••••••••••••••••••••••••••••
7. Headquarters Classification Representatives •••••••••••••••••••••••••
R. Department of Energy Employees ••••••••••••••••••••••••••••••••••••••
PART B - FIELD ELEMENTS AND CONTRACTOR ORGANIZATIONS•••••••••••••••••••••
1.
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3.
4.
PART C - APPOINTMENTS ANn OIJALIFICATlONS •••••••••••••••••••••••••••••••••
1. Authorized Classifiers ••••••••••••••••••••••••••••••••••••••••••••••
2. Authorized Declassifiers ••••••••••••••••••••••••••••••••••••••••••••
3. Classification Officers (Field Element and Contractor) ••••••••••••••
a. Qualifications ••••••••••••••••••••••••••••••••••••••••••••••••••
b. Appointment •••••••••••••••••••••••••••••••••••••••••••••••••••••
4. Headquarters Classification Representative5 •••••••••••••••••••••••••
a. Qualifications ••••••••••••••••••••••••••••••••••••••••••••••••••
b. Appointment ••••••••••••••••••••••••••••••••••••••••••.••••••••••
5. Responsible Reviewers •••••••••••••••••••••••••••••••••••••••••••••••
a. Oualification~•••••••••••••••••••••••••••••••••••••••• ••••••••••
b. Appointment •••••••••••••••••••••••••••••••••••••••••••••••••••••
CHAPTER III - POLICY ANn ORJECTIVES
1. General •••.•••••.•.••••••••••••••••••••••••••••••••••••••••••••••••.
2. Restricted Data and Formerly Restricted Data ••••••••••••••••••••••••
3. National Security Information •••••••••••••••••••••••••••••••••••••••
4. Limitations on Classification of National
Security Information •••••••••••••••••••••••••••••••••••.••••••••••
5. Classification of Foreign Government Information ••••••••••••••••••••
6. Challenges to Classification••••••••••••••••••••••••••••••••••••••.
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CHAPTER IV - CLASSIFICATION CRITERIA AND LEVELS
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PART
1.
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A - CRITERIA FOR CLASSIFICATION•••••••••••••••••••••••••••••••••••••
Restricted Data and Formerly Restricted Data ••••••••••••••••••••••••
National Security Information •••••••••••••••••••••••••••••••••••••••
a. Criteria for Classification •••••••••••••••••••••••••••••••••••••
b. Unofficial Publication or Inadvertent or Unauthorized
Section 5
Disclosure••••••••••••••••••••••••••••••••••••••••••••••••••••
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Classification Levels •••••••••••••••••••••••••••••••••••••••••••••••
a. Top Secret ••••••••••••••••••••••••••••••••••••••••••••••••••••••
b. Secret ...•.•.•.•.•.........•..••.........•..••••.••••.••••••••••
c. Confidential ••••••••••••••••••••••••••••••••••••••••••••••••••••
Use of the Term "Unclassified" ••••••••••••••••••••••••••••••••••••••
Classification in Context•••••••••••••••••••••••••••••••••••••••••••
2.
3.
PART B - LEVEL OF CLASSIFICATION•••••••••••••••••••••••••••••••••••••••••
1.
CHAPTER V - CLASSIFICATION OF INFORMATION AND DOCUMENTS
PART A - CLASSIFICATION AUTHORITIES ••••••••••••••••••••••••••••••••••••••
1. Types of Classification Authority•••••••••••••••••••••••••••••••••••
a. Original Classification Authority•••••••••••••••••••••••••••••••
b. Derivative Classification Authority•••••••••••••••••••••••••••••
2. Original Classification Authority•••••••••••••••••••••••••••••••••••
a. Restricted Data and Formerly Restricted Data ••••••••••••••••••••
b. National Security Information •••••••••••••••••••••••••••••••••••
c. Qualifications ••••••••••••••••••••••••••••••••••••••••••••••••••
d. nes;gnation •••••••••••••••••••••••••••••••••••••••••••••••••••••
e. Cancellation••••••••••••••••••••••••••••••••••••••••••••••••••••
f. Recordkeeping Requirements ••••••••••••••••••••••••••••••••••••••
g. Authority Definition ••••••••••••••••••••••••••••••••••••••••••••
3. Derivative Classification Authority •••••••••••••••••••••••••••••••••
a. Applicability •••••••••••••••••••••••••••••••••••••••••••••••••••
b. Qualifications ••••••••••••••••••••••••••••••••••••••••••••••••••
c. Designation •••••••••••••••••••••••••••••••••••••••••••••••••••••
(1) Headquarters •••••••••••••••••••••••••••••••••••••••••••••••
(2) Field ••••••••••••••••••••••••••••••••••••••••••••••••••••••
d. Cancellation ••••••••••••••••••••••••••••••••••••••••••••••••••••
e. Recordkeeping Requirements ••••••••••••••••••••••••••••••••••••••
f. Reporting Requirements ••••••••••••••••••••••••••••••••••••••••••
g. Authority Oefinition •••• ~ •••••••••••••••••••••••••••••••••••••••
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Purpose••••••••••••••••••••••••••••••••••••••••••••••••••••
b.
e.
a.
c.
Types of Classification Guidance ••••••••••••••••••••••••••••••••••••
a. "Classification Policy Guide for Nuclear Programs" ••••••••••••••
(1) Originator/Source of Authority •••••••••••••••••••••••••••••
( 2)
(3) Users ••••••••••••••••••••••••••••••••••••••••••••••••••••••
"Guide to the Declassified Areas of Nuclear Energy Research" ••••
(1) Originator/Source of Authority •••••••••••••••••••••••••••••
(2) Purpose•••••••••••.•.•••••••••.••••••••••••••••••••••••••••
(3) Users ••••••••••••••••••••••••••••••••••••••••••••••••••••••
Program Classification Guides •••••••••••••••••••••••••••••••••••
(1) Originator/Source of Authority •••••••••••••••••••••••••••••
(2) Purpose••••.••••••••••.•••••••••••••••••••.••••••••••••••••
(3) Users ••••••••••••••••••••••••••••••••••••••••••••••• -•••••••
Section 6
d. Classification Bulletins ••••••••••••••••••••••••••••••••••••••••
(1) Originator/Source of Authority •••••••••••••••••••••••••••••
(2) Purpose••••.•••••••••••••••••••••.•••••••••••••••••••••••••
(3) Users ••••••••••••••••••••••••••••••••••••••••••••••••••••••
Local Classification Guides •••••••••••••••••••••••••••••••••••••
(1) Originator/Source of Authority •••••••••••••••••••••••••••••
(2) Purpose ••••••••••••••••••••••••••••••••••••••••••••••••••••
(3) Users ••••••••••••••••••••••••••••••••••••••••••••••••••••••
Use of Program and Local Classification Guides ••••••••••••••••••••••
General •••••••••••••••••••••••.••••••••.•••••••••••••.••••••••••
R.
b. Classification Level/Category •••••••••••••••••••••••••••••••••••
c. Duration of Classification••••••••••••••••••••••••••••••••••••••
d. Other Information •••••••••••••••••••••••••••••••••••••••••••••••
3. Conversion of Oeclassification and Review Dates •••••••••••••••••••••
4. Requirement for Periodic Review of Classification Guides ••••••••••••
5. Distribution of Local Guides to Director of Classification••••••••••
6. Index of Classification Guides ••••••••••••••••••••••••••••••••••••••
7. Classification Guidance for Work Not Funded
by the Department •••••••••••••••••••••••••••••••••••••••••••••••••
Classification Guidance for Jointly Funded Work •••••••••••••••••••••
2.
PART B - CLASSIFICATION GUIDANCE •••••••••••••••••••••••••••••••••••••••••
1.
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General •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Classification Authority ••••••••••••••••••••••••••••••••••••••••••••
a. Restricted Data/Formerly Restricted Data ••••••••••••••••••••••••
b. National Security Information Only ••••••••••••••••••••••••••••••
(1) Originally Classified ••••••••••••••••••••••••••••••••••••••
(2) Oerivatively Classified ••••••••••••••••••••••••••••••••••••
(3) More Than One Classification Sourcp. ••••••••••••••••••••••••
Duration of Classification ••••••••••••••••••••••••••••••••••••••••••
Restricted Data/Formerly Restricted Oata ••••••••••••••••••••••••
National Security Information Only •••••••••••••••••••••••••••••.
(1) Originally Classified, •••••••••••••••••••••••••••••••••••••
(2) Derivatively Classified ••••••••••••••••••••••••••••••••••••
a.
b.
3.
_P~AR~T_C~-_C~L~A~SS~I~F~IC~A~T~IO~N~/~SE~C_U~RI~T_Y_M_A_RK~I~N__GS ••••••••••••••••••••••••••••••••
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Obsolete Markings •••••••••••••••••••••••••••••••••••••••••••••••••••
a. Restricted ••••••••••••••••••••••••••••••••••••••••••••••••••••••
b. Official Use Only •••••••••••••••••••••••••••••••••••••••••••••••
Portion Marking •••••••••••••••••••••••••••••••••••••••••••••••••••••
o - UPGRADING •••••••••••••••••••••••••••••••••••••••••••••••••••••••
Authority to Upgrade the Classification of
Information and Documents •••••••••••••••••••••••••••••••••••••••••
a. Information ••.......•••••••••••.•.•.•••.••••••••••••••••••••••••
(1) Restricted Data and Formerly Restricted Data •••••••••••••••
(2) National Security Information ••••••••••••••••••••••••••••••
b. Documents and Material ••••••••••••••••••••••••••••••••••••••••••
Procedures for Upgrading the Classification of
Information and Documents •••••••••••••••••••••••••••••••••••••••••
a. Notification of Upgrading •••••••••••••••••••••••••••••••••••••••
(1) Information ••••••••••••••••••••••••••••••••••••••••••••••••
(2) Documents and Material •••••••••••••••••••••••••••••••••••••
Section 7
(a) Content of Notices ••••••••••••••••••••••••••••••••••••
(b) Formal Reports ••••••••••••••••••••••••••••••••••••••••
(c) Forwarding of Notices •••••••••••••••••••••••••••••••••
b. Marking of Upgraded Documents •••••••••••••••••••••••••••••••••••
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PART E - RECLASSIFICATION••••••••••••••••••••••••••••••••••••••••••••••••
1. Authority to Reclassify Information and Documents •••••••••••••••••••
a. Information •••••••••••••••••••••••••••••••••••••••••••••••••••••
(1) Restricted Data and Formerly Restricted Data •••••••••••••••
(2) National Security Information ••••••••••••••••••••••••••••••
b. Documents and Material ••••••••••••••••••••••••••••••••••••••••••
2. Procedures for Reclassifying Information and Documents ••••••••••••••
a. Notification of Reclassification ••••••••••••••••••••••••••••••••
(1) Information ••••••••••••••••••••••••••••••••••••••••••••••••
(2) Documents and Material •••••••••••••••••••••••••••••••••••••
(a) Contents of Notices •••••••••••••••••••••••••••••••••••
(b) Forwarding of Notices •••••••••••••••••••••••••••••••••
b. Marking of Reclassified Documents •••••••••••••••••••••••••••••••
PART F - CLASSIFICATION STATUS OF RESEARCH AND
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1.
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DEVELOPMENT ACTIVITIES•••••••••••••••••••••••••••••••••••••••
General •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Authorities and Requirements for Determination
of R&D Activity Classification Status •••••••••••••••••••••••••••••
a. Determination Authority •••••••••••••••••••••••••••••••••••••••••
b. Reporting Requirements •• ~ •••••••••••••••••••••••••••••••••••••••
c. Recordkeeping Requirements ••••••••••••••••••••••••••••••••••••••
d. Appointments ••••••••••••••••••••••••••••••••••••••••••••••••••••
e. Guides ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
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PART G - CLASSIFICATION REVIEW OF NEWLY GENERATED DOCUMENTS ••••••••••••••
1. General •••••••••••••••••••••••••••••••••••••••••••••••••••••••.•••••
? Oocuments Originated by Departmental Elements or Departmental
Contractor Personnel ••••••••••••••••••••••••••••••••••.•••••••••••
a. Oocuments Which Concern Category I Activities •••••••••••••••••••
b. Documents Which Concern Category II or
Category III Activities •••••••••••••••••••••••••••••••••••••••
c. Documents Intended for Widespread Distribution or
Public Release ••••••••••••••••••••••••••••••••••••••••••••••••
d. Oral Presentations ••••••••••••••••••••••••••••••••••••••••••••••
3. Oocuments Originated by Persons Other Than Departmental or
Departmental Contractor Personnel •••••••••••••••••••••••••••••••••
4. Review of Oocuments (Patent Applications and Reports)
Referred Under Sections 151(c) and 151(d) of the
Atomic Energy Act •••••••••••••••••••••••••••••••••••••••••••••••••
5. Waiver of Review Requirements •••••••••••••••••••••••••••••••••••••••
CHAPTER VI - OECLASSIFICATION AND nOWNGRADING
PART A - AUTHORITY FOR nECLASSIFICATION AND nOWNARAnINr, ••••••••••••••••••
1. Informat i art •••••••••••••••••••••••••••••••••••••••••••••••••••••••••
a. Restricted Data and Formerly Restricted Data ••••••••••••••••••••
b. National Security Information •••••••••••••••••••••••••••••••••••
2. Documents and Material ••••••••••••••••••••••••••••••••••••••••••••••
a. General •••••••.•••••.•••••••••••••••••••••••••••••••••••••••••••
b. nerivative Declassification Authority •••••••••••••••••••••••••••
Section 8
(1) Oualifications •••••••••••••••••••••••••••••••••••••••••••••
(2) Designation ••••.••••••••.••.•••••••••••••••••••••••••••••••
(3) Cancellation •••••••••••••••••••••••••••.•••••••••••••••••••
(4) Recordkeeping Requirements •••••••••••••••••••••••••••••••••
(5) Authority nefinition •••••••••••••••••••••••••••••••••••••••
PART B - AUTOMATIC DECLASSIFICATION ANn DOWNGRADING ••••••••••••••••••••••
1. Restricted nata and Formerly Restricted Dat~••••••••••••••••••••••••
~. National Security Information •••••••••••••••••••••••••••••••••••••••
a. Documents Classified Pursuant to Executive Order 102QO••••••••••
b. Documents Classified Pursuant to Executive Order 10501 ••••••••••
(1) Groups 1 and 2••••••••••••••••••••.••••••••••••••••••••••••
(2) Group 3••••••••••••••••••••••••••••••••••••••••••••••••••••
(3) Group 4•.•.•.••••••.••..•.••.••••••.•••••••••••••••••••••••
c. nocuments Classified Pursuant to Executive Order 11652 ••••••••••
(1) Advanced Declassification Schedule •••••••••••••••••••••••••
(2) General neclassification Schedule ••••••••••••••••••••••••..
(3) Documents Marked as Exempt From the General
Declassification Schedule ••••••••••••••••••••••••••••••••
vi i
V-23
V-23
V-23
V-23
V-?3
V-24
V-24
V-24
V-25
V-25
VI-l
VI-1
VI-1
VI-l
VI-l
VI-l
VI-l
VI-l
VI-1
VI-2
VI-2
VI-2
VI-5
VI-5
VI-5
VI-5
VI-5
VI-5
VI-5
VI-5
VI-5
VI-5
VI-5
VI-6
DOE 5650.2A
viii 5-8-85
PART D - NOTIFICATION OF DECLASSIFICATION OR DOWNGRAOING•••••••••••••••••
d. Documents Classified Pursuant to Executive Order 12065 ••••••••••
e. Documents Classified Pursuant to Executive Order 12356 ••••••••••
~
VI-I;
VI-6
VI-7
VI-7
VI-8
VI-8
VI-9
VI-9
VI-10
VI-10
VI-10
VI-ll
VI-13
VI-13
VI-13
VI-14
VI-14
VI-14
VI-14
VI-14
VI-14
VI-IS
VI-IS
VI-15
VI-IS
VI-15
VI-IS
VI-17
VI-17
VI-17
VI-17
VI-17
VI-17
VI-17
VI-19
VI-19
VI-19
VI-20
REVIEW OF DOCUMENTS FOR OECLASSIFICATION OR OOWNr,RAOING•••••••••
Removal or Cancellation of Classification Markings
From Documents •••••••••••• : •••••••••••••••••••••••••••••••••••••••
Automatic Declassification ••••••••••••••••••••••••••••••••••••••••••
General •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
General •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Formal Report Review ••••••••••••••••••••••••••••••••••••••••••••••••
Review by Derivative Oeclassifiers ••••••••••••••••••••••••••••••••••
Review by Original Classifiers ••••••••••••••••••••••••••••••••••••••
Large-Scale Reviews •••••••••••••••••••••••••••••••••••••••••••••••••
Patent Application Review •••••••••••••••••••••••••••••••••••••••••••
Reviews Pursuant to Executive Order or Statute••••••••••••••••••••••
3.
1. General •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
a. Top Secret Documents ••••••••••••••••••••••••••••••••••••••••••••
b. Secret and Confidental Documents ••••••••••••••••••••••••••••••••
c. Documents Sent to the Office of Scientific and
Technical Information •••••••••••••••••••••••••••••••••••••••••
d. Forwarding of Notices •••••••••••••••••••••••••••••••••••••••••••
2. Declassification Notices ••••••••••••••••••••••••••••••••••••••••••••
a. Executive Order 12356 •••••••••••••••••••••••••••••••••••••••••••
(1) Mandatory Review for Declassification••••••••••••••••••••••
(2) Systematic Review by the Archivist of the
United States ••••••••••••••••••••••••••••••••••••••••••••
(a) Systematic Review Guidelines ••••••••••••••••••••••••••
(b) Assistance to the Archivist •••••••••••••••••••••••••••
(c) Internal Systematic Review Programs •••••••••••••••••••
Section 9
b. Freedom of Information Act or Privacy Act of 1974 •••••••••••••••
c. Confirmation of Existence of Requested Documents ••••••••••••••••
8. Other Reviews by the Office of Classification •••••••••••••••••••••••
a. Centralized Categorical Reviews •••••••••••••••••••••••••••••••••
b. Priority Reviews ••••••••••••••••••••••••••••••••••••••••••••••••
9. Departmental and Contractor Review Responsibility •••••••••••••••••••
a. Originating Departmental Element or Contractor Organization•••••
b. Oepartmental Element or Contractor Organization With
Programmatic Interest in a Document •••••••••••••••••••••••••••
c. Director of Classification••••••••••••••••••••••••••••••••••••••
d. External Coordination•••••••••••••••••••••••••••••••••••••••••••
10. Reproduction for Declassification Review•••••••••••••••••••••••••••
PART E - RE-MARKING DECLASSIFIED OR DOWNGRAOED DOCUMENTS •••••••••••••••••
1.
2.
PART C
1.
2.
3.
4.
5.
6.
7.
~
)
r
DOE 5650.2A
5-8-85
CHAPTER VII - EnuCATION
ix
1.
2.
3.
4.
Objective •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
Education Programs ••••••••••••••••••••••••••••••••••••••••••••••••••
a. Initial Classification Education ••••••••••••••••••••••••••••••••
h. Continuing Education ••••••••••••••••••••••••••••••••••••••••••••
c. ClassifierjOeclassifier Briefing••••••••••••••••••••••••••••••••
d. Special Rriefings •••••••••••••••••••••••••••••••••••••••••••••••
Other Classification Education Methods ••••••••••••••••••••••••••••••
Private Organizations and Individual~ •••••••••••••••••••••••••••••••
VII-l
VII-l
VIJ-l
VIl-l
VlI-l
VII-l
VII-2
VII-2
CHAPTER VIII - CLASSIFICATION APPRAISALS
1. Policy•...•...•..•.......•.................•........•••........•..
2. Objectives ••••••••••••••••••••••••••••••••••••••••••••••••••••••••
3. Standards and Procedures ••••••••••••••••••••••••••••••••••••••••••
a. Appraisal Guidance and Instructions •••••••••••••••••••••••••••
h. Scope of Appraisals •••••••••••••••••••••••••••••••••••••••••••
(1) Management Awareness •••••••••••••••••••••••••••••••••••••
(2) Management Support •••••••••••••••••••••••••••••••••••••••
(3) Practices ••••••••••••••••••••.••••••••••••••••••••••.••••
(4) Classification huidance••••••••••••••••••••••••••••••••••
(5) Education Program ••••••••••••••••••••••••••••••••••••••••
(6) Classification Roard •••••••••••••••••••••••••••••••••••••
(7) Classifying and Declassifying Officials ••••••••••••••••••
(R) neclassification ••••••••••• ~ •••••••••••••••••••••••••••••
(9) Appraisals •••••••••••••••••••••••••••••••••••••••••••••••
(10) Other Classifying Organization~•••••••••••••••••••••••••
(11) Nonnuclear Programs •••••••••••••••••••••••••••••••••••••
c. Frequency of Appraisals •••••••••••••••••••••••••••••••••••••••
(1) Past Performance Experience and Appraisal Results ••••••••
(2) Interval Since Last Appraisal ••••••••••••••••••••••••••••
d. Visits ••••••••••••••••••••••••••••••••••••••••••••••••••••••••
e. Appraisal Reports •••••••••••••••••••••••••••••••••••••••••••••
f. Followup ••••••••••••••••••••••••••••••••••••••••••••••••••••••
CHAPTER IX - CLASSIFICATION VIOLATIONS
VII 1-1
VII 1-1
VII 1-1
VII 1-1
VIIl-l
VI II-I
VII 1-1
VIII-?
VII 1-2
VIII-2
VIII-2
VIII-2
VII 1-2
VII 1-2
VII 1-2
VII 1-2
VII 1-3
VII 1-3
VIII-3
VII 1-3
VI Il-4
VII 1-4
1.
?.
3.
Violations Subject to Sanctions •••••••••••••••••••••••••••••••••••
Reporting Violations ••••••••••••••••••••••••••••••••••••••••••••••
Corrective Actions ••••••••••••••••••••••••••••••••••••••••••••••••
Section 10
IX-I
IX-I
lX-l
x
CHAPTER X - REFERENCES AND OPERATING PROCEDURE~
DOE 5650.2A
5-8-85
PART A - ATOMIC ENERGY ACT EXCERPTS................................... X-I
1. Gene ra 1• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • 'K-l
2. neclassification and Transclassification......................... X-I
PART B - EXECIlTIVE ORDER 12356 AND DIRECTIVE NO. 1.................... X-3
1. Executive Order I235~............................................ X-3
~. 32 CFR Part 2001 (Directive No.1)............................... X-I5
PART C - SUMMARY OF SPECIFIC POWERS INHERENT IN CLASSIFICATION/
DECLASSIFICATION AIITHORITIES............................... ~-23
Figure X-I - Powers of Classification/Declassification
Authorities........................................... X-23
PART n - ORIGINAL CLASSIFICATION OF NATIONAL S~CURITY
INFORMATION................................................ X-25
1. Original Classification Determinations........................... X-25
Figure X-2 - Original Classification of National
Security Information.................................. X-?fi
? Recordkeeping Requirement~....................................... X-28
PART E - DERIVATIVE CLASSIFICATION DETERMINATIONS..................... X-29
1. Author; ty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . X-2Q
2. Procedures....................................................... X-29
Figure X-3 - Derivation Classification of Document
or Other Material..................................... X-30
PART F - DURATION OF CLASSIFICATION CONVERSION TARL~.................. X-33
Figure X-4 - Duration of Classification Conversion
Table................................................. X-33
PART G - OETERMINATION OF THE CLASSIFICATION OF DOE RESEARCH AND
DEVELOPMENT ACTIVITI~~..................................... X-35
1. Restricted Data/Formerly Restricted nata......................... X-35
Figure X-5 - R&D Activity Classification Status:
Step 1 - Restricted Data/Formerly Restricted nata..... X-3n
2. National Security Information.................................... X-37
Figure X-6 - R&D Activity Classification Status:
~tep ? - National Security Information................ X-3R
3. Determination of Program Classification Status Category.......... X-39
Figure X-7 - R~n Activity Classification Status:
Step 3 - Determination of Classification Status
Category. . • . . • . • . . • . • . • . . . . . • • • . • . • . . • • • . • . • • . • • • • • . • • X-40
Attachment X-I - Index.................................. X-41
DOE 5650.2A
5-8-85
CHAPTER I
ABBREVIATIONS AND DEFINITIONS
1. ABBREVIATIONS.
a. C - Confidential.
I-I
b.
c.
d.
e.
f.
g.
h.
i.
j.
r.. k.
1•
m.
n.
o.
p.
06 - Downgrade in 6 years.
08 - Downgrade in 8 years.
010 -:Oowngrade in 10 years.
000 - Department of Defense.
DOE - Department of Energy.
DP-1 - Assistant Secretary for Defense Programs.
np-32 - Director of Classification.
DP-34 - Director of Safeguards and Security.
EO - Executive Order.
ERDA - Energy Research and nevelopment Administration •
FERC - Federal Energy Regulatory Commission.
FOIA - Freedom of Information Act.
FRD - Formerly Restricted Data.
FRUS - Foreign Relations of the United States.
GC-42 - Assistant General Counsel for Patents.
r
q. GDS - General Declassification Schedule.
r. HQ - Headquarters.
s. IS00 - Information Security Oversight Office.
Section 11
t. NRC - Nuclear Regulatory Commission.
u. NSI - National Security Information.
v. OADR - Originating Agency's Determination Required.
w. DUO - Official Use Only.
DOE 5650.2A
1-2 5-8-85
x. RD - Restricted Data.
y. R&D - Research and Development.
z. REV20 - Review in 20 years.
aa. REV30 - Review in 30 years.
bb. S - Secret.
cc. SCI - Sensitive Compartmented Information.
dd. TS - Top Secret.
ee. UCNI - Unclassified Controlled Nuclear Information.
ff. XGDS - Exempt from the General Declassification Schedule.
2. DEFINITIONS. For the purpose(s) of this Order, these definitions also
include other Federal agencies and their contractors and subcontractors
performing work for DOE under Interagency Agreements and financial
assistance recipients whose efforts involve classified information.
a. Administrative Information is that required or generated in the normal
functl0ning of an organization or program, other than technical,
costing, or programmatic information.
b. Authorized Classifier.
(1) One authorized to classify National Security
(2) Derivative Classifier. One authorized to classify documents or
material as Restricted Data (RD), Formerly Restricted Data (FRD),
or NSI only in accordance with existing guidance.
c. Authorizing Official. See "Denying Official," paragraph 2bb, below.
d. Classification.
0.
(l) Original Classification. The initial determination that
information requires protection as NSI under the provisions of
Executive Order 12356. Includes the specification of a
classification level and the classification duration.
#P"'t
DOE 5650.2A
5-8-85
(2) Oerivative Classification.
1-3
(a)
(b)
Restricted Data or Formerly Restricted Data. A determination
in accordance with approved classification guidance or source
documents that a document or material contains RO or FRO.
National Security Information. A determination in accordance
with approved classification guidance, source documents, or
other instructions from an Original Classifier that a document
or material contains NSI.
e. Classification Aepraisal. A systematic process by which a judgment is
made of the quallty of a classification program.
f. Classification Authority.
(~) nrigir.al Classification Authority. Authority to originally
Classify documents or material as NSI.
g.
h.
j.
k.
1.
(2) Oerivative Classification Authority. Authority to derivatively
classify documents or material as RO, FRO, or NSI.
Classification Boards are appointed by Heads of Field Elements or prime
contractor organizations or Classification Officers to assist them in
discharging their classification and declassification responsibilities.
Classification Category. One of the three kinds of classified infor
mation: Restricted Oata, Formerly Restricted nata, or National Security
Information.
Classification Guide. A document containing classification guidance for
the use of Authorized Classifiers and nerivative Oeclassifiers in making
cla~sification determinations.
Classification Level. One of the three classification specifications:
Top Secret, Secret, Confidential.
Classification/Security Markin~s are affixed to classified documents or
material to indicate, among ot er things, the classification category of
information contained therein (i.e., RO, FRO, or NSI), the
classification level (i.e., Top Secret, Secret, or Confidential) or the
designation "Unclassified," and the date or event for declassification
for NSI.
Classification Officer.
Section 12
(1) Department of Energy Classification Officer. One designa' j by the
Head of a Field Element to administer its classification program
and oversee or monitor the classification programs of contractor
organizations under its jurisdiction.
DOE 5650.2A
1-4 5-8-85
(2) Contractor Classification Officer. One designated hy the head of a
contractor organization to administer its classification program
and oversee or monitor the classification programs of subcontractor
organizations under its jurisdiction.
m. Classification Policy. DOF. policy on classification,
transciassification, downgrading, and declassification of information
under its purview.
n. Classification Violation. Willful abuse of the classification provi
sions of the Atomic Energy Act, Executive Order 12356 and its
implementing directives, other statutes or executive orders pertaining
to classification, this Order, or approved classification guidance.
o. Classified Document. Any document containing classified information.
p. Classified Information requires protection against unauthorized
disclosure in the interest of national security and includes RD, FRO,
and NSI.
q.
r.
Confidential. The lowest classification level applied to information
the unauthorized disclosure of which could reasonably be expected to
cause damage to the national security.
Confidential Source. Any individual or organization that has provided,
or that may reasonably be expected to provide, information to the United
States on matters pertaining to the national security with the expecta
tion, expressed or implied, that the information or identity of the
source, or both, will be held in confidence.
s. Contractor Classification Officer. See "Classification Officer,"
paragraph 2', above.
t. Contractor Organization. For the purpose(s) of this Order, the
definitions in subparagraphs t(1) and (2) also include other Federal
agencies and their contractors and subcontractors performing work for
DOE under Interagency Agreements and financial assistance recipients
whose efforts involve classified informa~ion.
(1) Prime Contractor Organization. An organization under direct
contract at any tier to DOE.
(2) Suhcontractor Organization. An organization under contract at any
tier to a OOE contractor organization.
u. Declassification.
(1) A determination by appropriate authority that information is no
longer classified; or
(2) A determination by appropriate authority in accordancp. with
approved classification policy or guidance that a classified
document or material no longer contains classified'information; or
r
DOE 5650.2A
5-8-85
1-5
r
(3) The removal or cancellation of classification markings from a docu
ment or material in accordance with a declassification notice from
an appropriate authority.
v. Oeclassification Authority. Authority to determine that information,
documents, or material can be declassified and to effect such
declassification.
w. Declassification Event. An event that would eliminate the need for
continued classification.
x. Declassification Guidance. Guidance provided by appropriate authority
for use in declassifying documents or material. It may be used only by
those with declassification authority.
y. Declassification Policy. DOE policy on declassification of information.
z. Declassified Document. A previously classified document that has been
declassified in accordance with approved declassification policy and
from which the classification markings have been removed or cancelled.
Section 13
aa. Oeclassified Information. Previously classified information that has
been declassified by appropriate authority.
bb. Denying Official. A nOF. official authorized to make initial determina
tions for DOE to deny, in whole or in part, requests for records under
the FOIA. (With respect to determinations to release information,
referred to as an "Authorizing Official.")
cc. Departmental Element. A Headquarters (HQ) ~lement or a field p.lement.
(1) Headquarters Element. For purposes of this Order, an organization at or
above the office level (level 3) located within the Washington, DC,
metropolitan area, or in the case of the Office of Scientific and
Technical Information, located in Oak Ridge, Tennessee.
(2) Field Element. For purposes of this Order, an operations office, power
administration, regional office, or Naval Reactors field office.
dd. Department of Energy Classification Officer. See "Classification
Officer", paragraph 21, above.
ee. Oerivative Classification. See "Classification," paragraph 2d, above.
ff. Oerivative Classification Authority. See Classification Authority,"
paragraph 2f, ahove.
1-6
gg.
hh.
DOE 5650.2A
5-8-85
Derivative Classifier. See "Authorized Classifier t" paragraph 2b,
above.
Derivative Declassifier. One authorized to downgrade and declassify
documents or material.
ii. Document. Any record of information regardless of physical form or
characteristics t including, but not limited tOt the following:
(1) All handwritten t printed t or typed matter;
(2) All painted t drawn t or engraved matter;
(3) All sound, magnetic t electromechanical t or optical recordings;
(4) All photographic prints t exposed or developed film t and still or
mot i on pi ctu res;
(5) Automatic data processing input, memorYt program t or output
information or records such as punch cards t tapes, memory rlrums or
disks, or visual displays; and
(6) All reproductions of the foregoing by any process.
jj. Downgrading. Lowering the classification level of information t
documents t or material (does not include declassification).
kk. Field Element. See "Departmental Element t" paragraph 2cc t above.
11. Foreign Government Information.
(I) Information provided by a foreign government or an international
organization of governments, or any element thereof with the
expectation, expressed or implied t that the information, the source
of the information t or both t are to be held in confidence; or
(2) Information produced by the United States pursuant to or as a
result of a joint arrangement with a foreign government{s) or an
international organization of governments t or any element thereof t
requiring that the information, the arrangement t or both t are to be
held in confidence.
mm. Formal Report. A formal topical or progress report distributed in
accordance with specific categories of the Standard nistribution Lists
OOE/TIC-4500 for unclassified information and M-3679 for classified
information, and by other lists as designated by the Manager of
Scientific and Technical Information.
nne Formerly Restricted Data. Classified information jointly determined by
DP-1 and the nOD to be related primarily to the military utilization of
r
DOE 5650.2A
5-8-85
atomi c weapons, and removed by np-l from the Rn category pursuant to
section 14?(d) of the Atomic Energy Act.
1-7
Section 14
00. Government Agency. Any executive departme~t, commission, independent
establ i shment, or corporation, wholly or partly owned by the United
States of America, which is an instrumentality of the Ilnitec1 States, or
any board, bureau, division, service, office, officer, authority,
administration, or other establishment in the Executive Rranch of the
Government.
pp. Headquarters Classification Representative. An individual appointed by
his or her element to serve as the point of contact with OP-3? on
classification policies and procedures and to assist others in their
classification and declassification responsibilities and authorities.
qq. Headquarters Element. See "Departmental Element," paragraph 2cc, above.
rr. Information. In this Order, information means facts, data, or knowledge
itself, rather than the medium of its conveyance. (Documents and mater
ials are deemed to conveyor contain information and are not considered
to be information per se.)
SSe Information Security Oversight Office. An organization within the
General services Administration responsible for overseeing Government
implementation of Executive Order 12356.
tt. Local Classification Guide. A classification guide prepared and issued
by ODE or a OOE contractor organization for a specific facility or
activity. It is based on one or more program classification guides and
provides detailed classification guidance.
uu. 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 Executive Order 12356 and this Order.
vv. Material. Any substance regardless of its physical or chemical form
(e.g., chemicals, raw materials, fabricated or processed items,
machinery, or equipment).
ww. National Security. The national defense and foreign relations of the
United States.
xx. National Security Information. Information pertaining to national
security and classified in accordance with an Executive Order.
yy. Office of Classification. In this manual, the Office of Classification,
OOE-Headquarters.
zz. Office of Safeguards and Security. In this manual, the Office of
Safeguards and Security, DOE-Headquarters.
DOE 5650.2A
1-8 5-8-85
aaa. Official Information. Any information or material, regardless of its
physical form or characteristics, that is owned by, produced by or for,
or under the control of the United States Government.
bbb. Official Use Only.
(1) A designation identifying unclassified information that may be
exempt from mandatory disclosure under the FOIA; or
(2) A former (7-18-49 through 10-22-51) security classification
marking.
ccc. Original Classification. See "Classification," paragraph 2d, above.
ddd. Original Classification Authority. See "Classification Authority,"
paragraph 2f, above.
eee. Original Classifier. See "Authorized Classifier," paragraph 2b, above.
fff. Portion Marking. The application of NSI classification markings to
individual portions of a document to indicate their specific
classification.
ggg. Prime Contractor Organization. See "Contractor Organization,"
paragraph 2t, above.
hhh. Program Classification Guide. A guide that states specific
classification policy for a particular DOE program and provides the
basis for the development of local guides.
iii. Reclassification. Restoration of classification to information
previously classified as NSI and then declassified.
Section 15
jjj. Responsible Reviewers. Those appointed to advise the Director of Clas
sification (DP-32) on classification and declassification of matters in
their fields of professional competence.
kkk. Restricted.
(1) A former U.S. security classification marking (prior to 12-15-53);
or
(2) An active security classification marking used by some foreign
governments and int~rnational organizations.
111. Restricted Data. All data concerning the following, but not including
data declassified or removed from the Rn category pursuant to section
142 of the Atomic Energy Act:
r
DOE 5650.2A
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(1) Design, manufacture, or utilization of atomic weapons;
1-9
(?) Production of special nuclear material; or
(3) Use of special nuclear material in the production of energy.
mmm. Sanitizing. In this manual, the physical removal of all classified
information from a classified document.
nnn. Secret. The classification level between Confidential ann Top Secret,
applied to information the unauthorized disclosure of which could
reasonably be expected to cause serious damage to the national security.
000. Sensitive Compartmented Information. All information and material
requiring special control for restricted handling under compartmented
foreign intelligence systems.
ppp. Source Document. A document, other than a classification guide, from
which 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 refer
ence to the classification specifien in the source nocument for the
information extracted.
r
r
qqq.
rrr.
sss.
ttt.
uuu.
vvv.
Subcontractor Organization. See "Contractor Organization," paragraph
2t, above.
Systematic Review. The classification review under Executive Order
12356 in which the Archivist of the lIniterl States, acting under the
Federal Records Act, determines which NSI records and Presidential
papers or records are of sufficient historical value or other value to
warrant permanent retention.
Systematic Review Guidelines. Guidelines required by Executive Order
12356 for identifying NSI or documents containing NSI that may not be
declassified automatically by the National Archives at 30 years.
System Manaaer. The nOE official responsihle for a nOE system of
records asesignated in the system notice of that system published by
DOE in the "Federal Register" in accordance with the provisions of the
Privacy Act of 1974.
Top Secret. The highest classification level, applied to information,
the unauthorized disclosure of which could reasonably he expected to
cause exceptionally grave damage to the national security.
Transclassification. The removal of information from the Rn ca~~gory
and its placement in the FRO category in accordance with section 142(d)
of the Atomic Energy Act or the NSI category in accordance with section
142(e). (Ooes not include declassification.)
1-10
DOE 5650.2A
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www. Unclassified. The designation for information, a document, or material
that has not been classified or that has been declassified by proper
authority.
xxx. Unclassified Controlled Nuclear Information. Certain unclassified
Government information prohibited from unauthorized dissemination under
section 148 of the Atomic Energy Act.
yyy. Upgrading. Raising the classification level of information, documents,
or material, including correction of classification on such items
erroneously issued as unclassified or at too low a classification level.
Section 16
zzz. Visual Materials. Photographs, motion pictures, slides, artists'
concepts, engineering drawings, plant layouts, plots, plans, maps, and
so forth.
~
)
DOE 5650.2A
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1. SECRETARY.
CHAPTER II
RESPONSIBILITIES AND AUTHORITIES
PART A - HEADQUARTERS
II-I
~
\,
,-
a. Originally classifies NSI up to and including Top Secret.
b. Delegates Top Secret Original Classification Authority to those
principal subordinates who frequently need to exercise such authority.
c. Requests interpretations of Executive Order 12356 from the Attorney
General for any question arising in the course of its administration
pursuant to section 6.2(b) of Executive Order 12356.
2. ASSISTANT SECRETARY FOR DEFENSE PROGRAMS.
a. Approves basic nOE policy on the classification and declassification of
RD, FRO, and NSI; approves the "Classification Policy Guide for Nuclear
Programs" and other formal statements of nOE classification policy.
b. neclassifies and transclassifies RD and declassifies FRO in accordance
with sections 142(a), (c), (d), and (e) of the Atomic Energy Act.
c. Assures DOE implementation of the classification and declassification
provisions of the Atomic Energy Act and Executive Order 12350.
d. netermines which categories of information, in addition to those in
section 1.3(a) of Executive Order 12350, are related to the national
security and require protection against unauthorized disclosure.
e. Grants and revokes waivers of the requirement to portion mark documents
containing NSI only.
f. Grants and revokes waivers of the requirement to prepare classification
guides in areas concerning NSI for specified classes of documents and
information.
3. OEPUTY ASSISTANT SECRETARY FOR INTELLIGENCE.
a. Serves as the Senior Official of the Intelligence Community for DOE.
b. Advances the application of uniform procedures for administrative
handling and accountability of Sensitive Compartmented Information
(SCI), including the classification and marking of SCI document~ lnd
materials.
11-2
4. DEPUTY ASSISTANT SECRETARY FOR SECURITY AFFAIRS.
DOE 5650.2A
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a. Oversees the implementation of the classification and declassification
provisions of the Atomic Energy Act and Executive Order 12356.
b. Reclassifies NSI previously declassified and disclosed, in accordance
with section 1.6(c) of Executive Order 12356.
5. DIRECTOR OF CLASSIFICATION.
a. General Responsibilities and Authorities.
(1) Develops (for the approval of DP-l) the "Classification Policy
Guide for Nuclear Programs" and other formal statements of DOE
classification policy; coordinates proposed policies with
appropriate DOE program organizations.
(2) Interprets DOE classification policy.
(3) Develops and implements DOE classification and declassification
rules, regulations, and procedures.
(4) Recommends to DP-l all actions for removing information from the RD
and FRO categories.
(5) Determines the proper classification category and level of DOE
information; interprets what information falls within the RD
definition.
(6) Manages the DOE Classification Guide System.
(a) Assures the preparation, coordination, and issuance of
classification guidance for DOE programs that involve or
generate classified information.
(b) Coordinates and assures issuance of classification guidance
for classified information generated under the cognizance of
DOE when the classification policy for such information is
developed by other Government agencies or foreign governments.
Section 17
(e) Approves all program classification guides prior to their
issuance. Approves local classification guides or delegates
authority for their approval to field elements, as
appropriate.
(d) Conducts a continuing review of all DOE classified information
and classification guides to ensure their accuracy and
currency and to identify which information may be declassified
without undue risk to the common defense and security.
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DOE 5650.2A
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(e) Maintains an index of all nOE and nOE contractor
classification guides.
(7) Oversees international classification cooperation.
(a) Maintains liaison and serves as DOE contact with foreign
governments on matters concerning classification and
declassification of information.
11-3
(b) nevelops 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 declassifica
tion policies, procedures, and actions established or taken
pursuant to such agreements to assure that they are consistent
with the requirements of the agreements.
(8) Manages programs for the classification and declassification review
of documents and other materials.
(a) Performs final reviews of all classified documents requested
from DOE under the provisions of the FOIA; determines the
proper classification thereof; if possible, prepares sanitized
versions of such documents; and is the nOE Denying Official
with regard to the denial of classified information requested
pursuant to the FOIA.
(b) Reviews all testimony, transcripts, and other documents
prepared for the Congress in potentially classified subject
areas and, as requested, documents prepared by Congress
dealing with nOE-related programs involving classified
information or where any uncertainty may exist concerning the
classification of such documents.
(c) Reviews documents for classification and declassification
submitted by Departmental Elements, no~ contractors, and other
Government agencies.
(d) Reviews patent applications in potentially classified subject
areas.
(e) Reviews documents submitted by uncleared authors.
(f) Assists the nepartment of State in its preparation of the
Foreign Relations of the United States (FRlJS) series hy
reviewing classified documents containing nOE information that
are proposed for inclusion in the FRUS series.
DOE 5650.2A
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(9) Advises system managers with regard to classified documents
requested pursuant to the Privacy Act of 1974.
(10) Conducts a continuous review of the classification and declas
sification program to ensure compliance with the classification
provisions of the Atomic Energy Act, Executive Order 12356, and
this Order.
(11) Develops classification and declassification education and training
programs, and administers such programs for the HO personnel and,
as required, field element personnel.
(12) Advises and assists Heads of Departmental Elements with regard to
classification and declassification policies and procedures and
changes thereto.
(13) Approves field elements' requests to conduct large-scale
declassification reviews. Approves specific procedures for such
reviews at Headquarters.
(14) Appraises the effectiveness of the classification functions of
Departmental Elements.
Section 18
(15) Obtains service of field elements, contractor personnel, or private
consultants, when necessary, in the classification and ~
declassification program.
(16) Approves, after coordination with the appropriate Headquarters
Element, a procedure for discharging classification and
declassification responsibilities and authorities related to its
Headquarters-administered contracts.
(17) Maintains liaison and serves as the DOE contact with other
Government agencies and private interests on matters concerning DOE
classification and declassification policies and procedures and, as
appropriate, provides classification and declassification guidance
and training.
(18) Performs other functions assigned by OP-1.
b. Responsibilities and Authorities Derived From Executive Order 12356.
(1) Acts as the Senior Agency Official responsible for the direction
and administration of the DOE information security program, except
for those provisions of the Executive Order and implementing
directives which deal with the safeguarding of classified
information such as personnel security, physical security, and the
establishment of special access programs.
(2) Originally classifies NSI information as Top Secret, Secret, or
Confidential (Executive Order 12356, section 1.2(d)(2)).
r
DOE 5650.2A
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11-5
r
~\'
(3) Publishes in the "Federal Register" those parts of DOE classification
regulations which implement Executive Order 12356 and affect members
of the public.
(4) Makes recommendations to DP-1 with regard to the determination
of categories of information related to national security and
requiring protection against unauthorized disclosure pursuant to
section 1.3(a)(10) of Executive Order 12356; ensures that such
determinations are reported to the Information Security Oversight
Office (ISOO).
(5) Declassifies NSI on a Departmentwide basis, consistent with
established DOE classification policy.
(6) Represents the Secretary in any interagency meetings convened by the
ISOO; acts as the DOE contact with the ISOO; and advises the
Secretary and DP-1 with regard to actions and determinations made by
the Director of the ISOO affecting DOE.
(7) Collects, prepares, and submits information to the ISOO pursuant to
Executive Order 12356, its implementing directives, and requests of
the ISOO.
(8) Makes recommendations to the Secretary concerning the designation of
certain Top Secret Classifiers; acts for the Secretary in designating
other Top Secret Classifiers, all Original Secret and Confidential
Classifiers, and all HQ Derivative Classifiers.
(9) Notifies the Director of Safeguards and Security (DP-34) of the
appointment of Top Secret Classifiers so that DP-34 may assign
appropriate Top Secret authenticating symbols.
(10) Monitors the requirements for and use of original classification
authority in DOE and DOE contractor organizations.
(11) Acts for the Secretary in designating Derivative Dec1assifiers and
maintains a record of all DOE and DOE contractor Derivative
Declassifiers.
(12) Issues, reviews, and updates gUidelines for systematic declassi
fication review and designates experienced personnel to assist the
Archivist of the United States in the conduct of systematic reviews
of information originated by DOE.
(13) Conducts, as required, an internal systematic review program for
classified information originated by DOE.
11-6
(14)
(IS)
(16)
DOE 5650.2A
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Section 19
Develops procedures to process requests for the mandatory review of
NSI and publishes in the "Federal Register" the Departmental
Element to which such requests may be addressed.
Serves as the central DOE authority for receiving all requests for
declassification review of information under the mandatory review
provisions of Executive Order 12356.
Exercises, as necessary, the authority granted by section 1.6(d) of
Executive Order 12356 to classify documents requested pursuant to
the FOIA or the mandatory review provisions of Executive
Order 12356.
6. HEADS OF HEADQUARTERS ELEMENTS.
a. Establish internal procedures to assure compliance with this Order and
any other regulations or instructions issued by the Office of
Classification.
b. Appoint, if so requested by DP-32, an individual (Headquarters
Classification Representative) to be responsible for liaison with the
Office of Classification.
c. Request designations of classification authority as needed for HQ
Elements or contractors under their jurisdiction.
d. Assure participation by personnel with classification responsibility in
the planning stages of new programs that have potential for involving or
generating classified information.
e. Inform DP-32 of all proposed projects or HO-administered contracts that
could involve classified information so that DP-32 may assure that
appropriate and adequate classification guidance is available for such
projects or contracts.
f. Establish, with the approval of DP-32, procedures to carry out an
appropriate classification program for HQ-administered contracts.
g. Assure that DOE and DOE contractor personnel within their jurisdiction
who publish or deliver papers at conferences or any other presentation
concerning potentially classified subject areas are informed by
classification representatives on existing classification guidance in
the subject areas of their papers and advised as to potential danger
areas in the discussion following their presentations.
h. Assure appropriate classification review of all documents or materials
prepared by DOE or DOE contractor personnel under their jurisdiction
concerning potentially classified subject areas.
r
DOE 5650.2A
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i. Assist DP-32 in preparing program classification guides or revisions
thereto.
11-7
~r,
r
j. Obtain classification guidance from OP-32 for programs under their
purview that have a potential for involving or generating classified
information; assure that all employees in their HO element or
contractors under their jurisdiction receive adequate classification
guidance for their work.
k. Assure that approved classification guidance is included with authoriza
tion of new work initiated by their HO element when such work is likely
to involve or generate classified information.
1. Provide DP-32 with information required to be maintained by OP-32 or
reported to the ISOO in accordance with Executive Order 12356 and its
implementing directives, or as determined to be required by OP-32.
m. Establish, when necessary, detailed procedures for large-scale
declassification reviews and submit such procedures to OP-32 for
approval.
n. Assist DP-32 in the classification education program for HO Elements and
their contractors.
o. Assist DP-32 in the classification appraisal program of HQ Elements and
contractors involved with classified information; 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.
Section 20
p. Take appropriate and prompt corrective action whenever a classification
violation occurs within their organizations.
7. HEADQUARTERS CLASSIFICATION REPRESENTATIVES.
a. Serve as the point-of-contact for their elements with OP-32 concerning
classification policies and procedures.
b. Assist the Heads of HO Elements in exercising their classification and
declassification responsibilities and authorities.
c. Respond to questions from individuals within their elements concerning
classification policies and procedures and refer questions, as
necessary, to DP-32.
d. Maintain a current listing of Authorized Classifiers and Derivative
Dec1assifiers within their elements.
II-8
8. DEPARTMENT OF ENERGY EMPLOYEES.
DOE 5650.2A
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~
I
a. Refer questions concerning classification or declassification of infor
mation, documents, or material to Authorized Classifiers, their classi
fication office, or through channels to DP-32.
b. Obtain a determination from an Authorized Classifier on information,
documents, or material the classification of which is in question.
c. Refer suggestions, complaints, or challenges concerning the DOE classi
fication and declassification program to their classification office or
DP-32.
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DOE 5650.2A
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PART B - FIELD ELEMENTS AND CONTRACTOR ORGANIZATIONS
1. HEAOS OF FIELD ELEMENTS.
11-9
r
a. Establish internal procedures to assure compliance with provlSl0ns of
this Order and any other regulation or instruction issued by DP-32.
b. Designate, when needed and with the concurrence of DP-32, persons to
serve as DOE Classification Officers. Review contractor nominations for
Classification Officers and recommend OP-32 approval.
c. Request of DP-32, as needed for field elements or contractors under
their jurisdiction, designations of classification authority for:
(1) Original Classification Authority (all levels);
(2) Top Secret Derivative Classification Authority; and
(3) Derivative Declassification Authority.
d. Assure designation of Secret and Confidential Derivative Classifiers, as
necessary, for field elements or contractors under their jurisdiction
and maintain a listing of such classifiers and declassifiers in field
elements and contractors under their jurisdiction.
e. Assure participation by appropriate Classification Officers and other
personnel with classification responsibility in the early planning
stages of new programs that have potential for involving or generating
classified information.
f. Obtain classification guidance from DP-32 for programs under their
purview that concern potentially classified subject areas.
g. Assist DP-32 in preparing program classification guides or revisions
thereto.
h. Assure that field elements and contractors under their jurisdiction
prepare local classification guides or receive program classification
guides approved for this purpose covering all classified work being
performed.
(1) Where delegated such authority, approve local classification guides
for implementation, providing final copies for the record to OP-32.
(2) Where local approval authority has not been delegated, submit
proposed local classification guides and significant changes in
local classification guides to DP-32 for approval prior to their
issuance.
II-10
DOE 5650.2A
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i. Assure that approved classification guidance is included with authoriza
tion of new work initiated by field elements or contractors under their
jurisdiction when such work is likely to concern classified subject
areas, and provide copies of such guidance to DP-32 at the time of
initial distribution.
Section 21
j. Assure that DOE and contractor personnel within their jurisdiction who
publish or deliver papers at conferences or any other presentation con
cerning potentially classified subject areas are informed by classifica
tion representatives on existing classification guidance in the subject
areas of their papers and advised as to potential danger areas in the
discussion following their presentations.
k. Assure that all documents and materials prepared within their jurisdic
tion by DOE or DOE contractor personnel concerning potentially classi
fied subject areas receive appropriate classification review.
1. Provide DP-32 with information required to be maintained by DP-32 or
reported to the IS00 in accordance with Executive Order 12356 and its
implementing directives, or as determined to be required by DP-32.
m. Establish, when necessary, detailed procedures for special large-scale
reviews of accumulations of classified documents in their field
elements. Approve such plans when submitted by contractors under their
jurisdiction, after consultation with DP-32.
n. Develop and conduct a classification appraisal program for their field
elements and contractors involved with classified information; follow up
on appraisal findings requiring corrective action; take action on recom
mendations 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.
o. Take appropriate and prompt corrective action whenever a classification
violation occurs within their field elements.
p. Assure that an appropriate classification education program is conducted
for DOE and DOE contractor organizations under their jurisdiction.
q. Appoint Classification Boards, as appropriate.
r. Assure that Heads of contractor organizations discharge, in relation to
their own organization, subcontractors and suppliers, the responsibili
ties and authorities specified in (a) through (q), above, by including
appropriate provisions in their contracts. If these responsibilities
entail submission of information to DP-32, it should be made through the
appropriate Headquarters or field element.
r
DOE 5650.2A
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2. FIELD ELEMENT ANn CONTRACTOR CLASSIFICATION OFFICERS.
II-ll
a. Assist or act for the Head of their Field Element or contractor
organization, as appropriate, in exercising their responsibilities and
authorities with regard to classification and declassification.
b. Maintain continuous contact with appropriate technical staff personnel
and with other Classification Officers in related programs.
c. Provide classification guidance to employees within their organization
and, as necessary, to their contractors or subcontractors.
d. Coordinate the preparation of local classification guides for fields of
operation or programs within their purview.
e. Assure that DOE and DOE contractor personnel within their jurisdiction
who publish or deliver papers at conferences or any other presentation
concerning potentially classified subject areas are informed on existing
classification guidance in the subject areas of their papers and advised
as to potential danger areas in the discussion following their
presentation.
Initiate classification and declassification reviews of documents
originated within their field elements.
Conduct classification appraisals of their contractor or subcontractor
organizations.
Section 22
Assure that all documents and materials prepared by DOE or contractor
personnel within their jurisdiction concerning potentially classified
subject areas receive appropriate classification review.
Provide technical advice, as requested, to np-32 on classification
matters of mutual interest.
Supervise special declassification activities or reviews.
Conduct a classification education program for their field elements and
assure that such programs are conducted at their contractors' and
subcontractors' sites.
f.
r
g.
h.
i.
j.
k.
1. Appoint Classification Boards, as appropriate.
3. RESPONSIBLE REVIEWERS.
a. Advise OP-32 with regard to the classification of information within
their fields of competence.
11-12
DOE 5650.2A
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b. Make recommendations to DP-32 regarding the declassification or
continued classification of documents or m~terials submitted for their
revjew.
~
.: ..)
4. FIELD ELEMENT AND CONTRACTOR EMPLOYEES.
a. Refer questions conce~ning classification o~ declassification of
information, documents, or material to Authorized Classifiers, their
classification office, or throughcbannels to DP-32.
b. Obtain a determiniation from an Authorized Classifier on information,
documents, or material the classification of which is in question.
c. Refer suggestions, complaints, or challenges concerning the DOE
classification and declassification program to their classification
office or DP-32~
DOE 5650.2A
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PART C - APPOINTMENTS AND OUALIFICATIONS
1. AUTHORIZED CLASSIFIERS. See Chapter V, Part A.
2. AUTHORIZED OECLASSIFIERS. See Chapter VI, Part A.
3. CLASSIFICATION OFFICERS (FIELD ELEMENT ANn CONTRACTOR).
11-13 (and 11-14)
a. Oualifications. Classification Officers must have a scientific or
technical degree unless otherwise approved by DP-32 on a case-by-case
basis. Classification Officers will be designated as Authorized
Classifiers.
b. Aepointment. Heads of Field Elements shall designate, when needed and
wlth the concurrence of DP-32, persons to serve as Classification
Officers. They shall review contractor nominations for Classification
Officers and recommend DP-32 approval.
4. HEADQUARTERS CLASSIFICATION REPRESENTATIVES.
a. Qualifications. Headquarters Classification Representatives shall
normally be expected to have the same qualifications as an Authorized
Classifier. Exceptions may be granted by DP-32.
b. Appointment. Headquarters Classification Representatives will be
designated by the Heads of Headquarters Elements with the concurrence of
DP-32.
5. RESPONSIBLE REVIEWERS.
a. Oualifications. Responsible Reviewers must be qualified experts who are
recognized authorities in their respective fields. They also must he
knowledgeable in DOE classification policies and procedures.
b. Appointment. Responsible Reviewers are appointed by OP-32.
DOE 5650.2A
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CHAPTER III
POLICY AND OBJECTIVES
I II-I
r
1. GENERAL. The objectives of the DOE classification program are the estab
lishment of policies and procedures which ensure the proper classification
of information within the purview of ODE requiring protection in the
interest of the security of the United States, and the identification of
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 at their inception
pursuant to the Atomic Energy Act, and NSI, which is classified pursuant to
Executive Order 12356.
Section 23
2. RESTRICTED DATA AND FORMERLY RESTRICTED DATA.
a. 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 RO and FRO in such a manner as to assure the common
defense and security. Consistent with such policy, nOE shall he guided
by the following principles (section 141, Atomic Energy Act):
a. Until effective and enforceable international
safeguards agai nst the use of atomi c energy for
destructive purposes have been established by an
international arrangement, there shall be no
exchange of Restricted Data with other nations
except as authorized by section 144; 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.
b. It is DOEls responsibility, through DP-32, to interpret and implement
the classification and declassification provisions of the Atomic Energy
Act. (See Chapter X, Part A for excerpts from the Atomic Energy Act.)
3. NATIONAL SECURITY INFORMATION.
a. Pursuant to Executive Order 12356 (see Chapter X, Part R) and the
Presidential Order of 5-7-82, "National Security Information,'· the
Secretary of Energy has certain responsibilities with regard to the
111-2
DOE 5650.2A
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control of information which falls under the purview of DOE and which
may be classified as NSI. It is DOE policy:
(1) To classify as NSI, in accordance with the provisions of Executive
Order 12356, information concerning the national defense and
foreign relations of the United States which, in the interests of
the United States and its citizens, must be protected against
unauthorized disclosure.
(2) That only individuals specifically authorized to do so may
originally classify or declassify information or derivatively
classify or declassify documents or other material.
(3) That, whenever possible, all classified information be covered by
classification guides approved by DP-32.
b. It is DOE's responsibility, through DP-32 and DP-34, to interpret and
implement Executive Order 12356 as it applies to information under the
purview of DOE.
4. LIMITATIONS ON CLASSIFICATION OF NATIONAL SECURITY INFORMATION.
a. Classification may not be used to conceal violations of the law, inef
ficiency, or administrative error; to prevent embarrassment to a person,
organization, or agency; or to restrain competition. ~
b. Basic scientific research information not clearly related to the
national security may not be classified.
c. 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.
Section 24
5. CLASSIFICATION OF FOREIGN GOVERNMENT INFORMATION. Foreign government or
international organization of governments information shall either retain
its foreign government classification designation or be assigned a U.S.
classification category, level, and duration equivalent to that assigned by
the foreign government or international organization that furnished the
information. Documents or other material containing or revealing foreign
government information shall be derivatively classified on the basis of the
source document from which the foreign government information was extracted,
or, if available, guidance covering the subject. Special security markings
are required on such documents. Refer to DOE 5635.1, CONTROL OF CLASSIFIED
DOCUMENTS AND INFORMATION, for detailed marking instructions. If
information given "in confidence" by another government is not marked as
classified when received, a determination to classify shall be made in
accordance with guidance provided by DP-32.
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111-3 (~nrl 1[[-4)
~r
r
n. C~ALLENr,ES TO CLASSIFICATION. Those involved with classifierl inform~tion
are encouraged to challenge the classification of information~ a document~
or material when there is reason to helieve that it is classifierl
unnecessarily~ improperly~ or for an inappropriate periorl 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 satisfactory 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.
DOE 5650.2A
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CHAPTER IV
CLASSIFICATION CRITERIA AND LEVELS
PART A - CRITERIA FOR CLASSIFICATION
IV-l
r
1. 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 determination required to classify such information hecause
all RD and FRO is originally classified by the Act.
2. NATIONAL SECURITY INFORMATION.
a. Criteria for Classification. The following two conditions must be met
before official information may be classified pursuant to Executive
Order 12356:
(1) The information must concern at least one of the following areas:
(a) Military plans, weapons, or operations;
(b) Vulnerabilities or capabilities of systems, installations,
projects, or plans relating to the national security;
(c) Foreign government information;
(d) Intelligence activities (including special activities) or
intelligence sources or methods;
(e) Foreign relations or foreign activities of the United States;
(f) Scientific, technological, or economic matters relating to the
national security;
(g) U.S. Government programs for safeguarding nuclear materials or
facil Hies;
(h) Crypto logy;
(i) A confidential source; or
(j) Other categories of information related to the national
security that require protection against unauthorized dis
closure, as determined by the President, the Secretary of
Energy, or OP-l. Any determination made under this subsection
shall be reported promptly to the nirector of ISOO by OP-32.
(2) The unauthorized disclosure of the information itself or in the
context of other information could reasonably be expected to cause
damage to the national security. (Note: Unauthorized disclosure
of foreign government information, the identity of a confidential
IV-2
DOE 5650.2A
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Section 25
foreign source t or intelligence sources or methods is presumed by
Executive Order 12356 to cause damage to the national security.)
b. Unofficial Publication or Inadvertent or Unauthorized Oisclosure.
Information classified in accordance with the above shall not be
declassified automatically as a result of any unofficial publication or
inadvertent or unauthorized disclosure in the United States or abroad of
identical or similar information.
DOE 5650.2A
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PART R - LEVEL OF CLASSIFICATION
IV-3 (and IV-4)
r
1. CLASSIFICATION LEVELS. The designations used to specify levels of
protection for RO, FRO, and NSI are as follows, in descending order of
sensitivity:
a. Top Secret shall be used only for information the unauthorized disclo
sure 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 dis
closure of which could reasonably be expected to cause damage to the
national security.
2. USE OF THE TERM "UNCLASSIFIED". 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 executive order 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 ll unless such a marking would serve
a useful purpose. Note: Certain unclassified documents may require
additional markings, for example, Unclassified Controlled Nuclear
Information (UCNI).
3. CLASSIFICATION IN CONTEXT. Certain information which would otherwise be
unclassified may require classification when combined or associated with
other unclassified or classified information. Classification on this basis
shall be supported by a written explanation which, at a minimum, shall be
maintained with the file or referenced on the record copy of the
in format ion.
DOE 5650.2A
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CHAPTER V
CLASSIFICATION OF INFORMATION AND DOCUMENTS
PART A - CLASSIFICATION AUTHORITIES
1. TYPES OF CLASSIFICATION AUTHORITY. There are two basic types of
classification authority.
V-I
If!"'"r
a. Original Classification Authority applies to information, independent of
its medium or form. Original classification applies only to NST because
RO and FRO are "born c1 assifi edit under the Atomi c Energy Act. Origi na 1
Classification Authority allows an authorized individual to make the
initial determination that previously unclassified information should he
classified. An original classification decision should not he made when
classification guidance exists.
h. Oerivative Classification Authority applies to documents or other
material, not directly to the information contained in or revealed by
the document or material. It allows an authorized individual to make a
determination that a document or other material contains or reveals
information that is in substance the same as information alrp.ady classi
fied. Derivative classification is based on explicit instructions found
in formal classification guides, implicit guidance (by example) found in
classified source documents, or on instructions from an Original
Classifier that a document contains NSI. An individual with Original
Classification Authority may also classify documents and other material
on a derivative basis. Derivative classification applies to documents
or other material containing or revealing RO, FRO, or NSI.
Section 26
c. All classification authority is granted to a particular individual in a
particular position. Classification authority is not automatically
transferred with an individual when transferring to a different
position. Ry the same token, an individual assuming a position
previously held by an authorized classifier or acting in that position
may not automatically assume classification authority.
d. Any individual may temporarily mark and protect a questionahle document
as RO, FRD, or NSI. However, the document must be promptly referred to
an appropriate classification authority for final determination.
2. ORr G! NAL CLASS! FICATI ON AI/THOR I TV •
a. Restricted nata and Formerly Restricted Data. Individuals do not have
Original Classification Authority for Rn or FRn. All RD and FRn is
originally classified by the Atomic Energy Act.
b. National Security Information. Original classification is an
initial determination by an authorized individual that certain
preViously unclassified information reqUires, in the interest of
V-2
DOE 5650.2A
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national security, protection against unauthorized nisclosure, together
with specification of a classification level (Top Secret, ~ecret,
Confidential) signifying the negree of protection required and the
duration of classification. Such a determination can only be made by an
Original Classifier pursuant to Executive Order 1?356. Information so
classified is NSI.
c. Qualifications. An Original Classifier must (1) have demonstrated
competence in the subject area in which the authority will be used;
(2) be knowledgeable in DOE classification policy and procedures
(especially with all classification guides in the subject area in which
the authority will be used); (3) be in a position with a proven or
anticipated need for Original Classification Authority; and (4) be so
designated in writing by appropriate authority as described below.
d. nes;gnat;on.
(1) Requests for Original Classification Authority for positions that
do not currently have such authority should be submitted in writing
to DP-32. Such requests should include (1) the level (Top Secret,
Secret, Confidential) of Original Classification Authority
requested; (2) the name and title of the individual for whom the
authority is being requested; (3) a description of the subject area
and jurisdiction for which the authority is needed; (4) the
anticipated frequency of use of the authority; (5) the effective
date of the authority; and (6) any other information which would
support the need for such authority and the qualifications of the
individual for whom the authority is being requested.
(2) When an individual vacates a position for which Original r.lassi
fication Authority has been granted, the name and title of the
individual losing the authority ann the effective date of the loss
of the authority must be sent by the individual's organization to
DP-32.
(3) When an individual assumes a position for which Original Classifi
cation Authority has already neen granted, that individual's name,
title, and qualifications must be submitted to OP-32 for approval.
The individual may not assume the classification authority of the
position until his or her approval by OP-32.
(4) Original Classification Authority may not be redelegated.
e. Cancellation.
(1) If the Head of a Departmental Element determines that a position no
longer requires Original Classification Authority, OP-3? shall be
promptly notified of the position title, the name of the person who
holds or last held the position, and the effective date of
cancellation of authority.
Section 27
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DOE 5650.2A
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V-3
(2) If np-3~ determines that an individual no longer requires Original
Classification Authority~ he or she shall advise the person
concerned that such authority is to he cancell~rl~ the date of
cancellation~ and the reasons for the cancellation.
f. Recordkeeping Reguirements. np-3? shall maintain a list of all
individuals with Original Classification Authority. This list shall
include (1) the level of the authority granted~ (2) the namp. and title
of the individual granted the authority~ (3) the individual's Depart
mental Element or contractor organization~ and (4) the effective date of
the designation. In addition~ each Departmental Element and contractor
organization shall maintain a similar list of all individuals with
Original Classification Authority within their jurisdiction.
An individual withg. Authority Definition. (See also Chapter X~ Part C.)
Original Classification Authority may:
(1) Originally classify NSI within the classifier's programmatic
jurisdiction at any classification level up to and including the
level (Top Secret~ Secret~ Confidential) of the classifier's
authority whenever classification guidance or relevant classified
source documents are not available. Such determinations must be
consistent with established nOE classification policy. Original
Classification Authority does not apply to Rn or FRO. See r.hapter
X~ Part D for a detailed analysis regarding making an original
classification determination.
(2) Originally declassify or downgrade NSI (except formal reports) from
any classification level up to and including the level (Top Secret,
Secret, Confidential) of the classifier's authority over which the
classifier has sole programmatic jurisdiction and which the classi
fier~ his or her predecessors, or their suhordinates originally
classified, so long as such action is consistent with nnE classifi
cation policy and guidance. Original declassification or down
grading authority does not apply to Rn or FRO. Refer to page VI-q,
paragraph 4 for a more detailed description of Original Oeclassi
fication/nowngrading Authority.
(3) Derivatively classify documents which contain RO~ FRD, and/or NSI
as defined in his or her letter of appointment at any classifi
cation level up to and including the level (Top Secret~ Secret,
Confidential) of the classifier's authority. Such determinations
shall be based on classification guides authorized for the classi
fier's use or on classified source documents. Refer to page V-4~
paragraph 3 for a more detailed description of Derivative Classi
fication Authority.
(4) Derivatively declassify or downgrade documents (except formal
reports) which the classifier~ his or her predecessors~ or their
subordinates originally or derivatively classified from any
V-4 00£ 5650.2A
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classification level up to and including the level (Top Secret,
Secret, Confidential) of the classifier's authority. Such
determinations shall be based on classification guides authorized
for the classifier's use. Derivative,declassification or
downgrading authority is applicable to all documents marked as
containing any category of classified information (RD, FRO, or
NSI). Refer to page VI-I, paragraph 2a, for a more detailed
description of Derivative Declassification/Downgrading Authority.
3. DERIVATIVE CLASSIFICATION AUTHORITY.
a. A~plicability. Individuals with Derivative Classification Authority nay
c assify documents or other material that contains or reveals RD, FRD, or
NSI.
Section 28
b. Qualifications. A Derivative Classifier must (1) have demonstrated
competence in the subject area in which the authority will be used; (2) be
knowledgeable in DOE classification policy and procedures (especially with
all classification guides in the subject area in which the authority will
be used); (c) be in a position with a proven or anticipated need for
Derivative Classification Authority; and (d) be so designated in writing,
as described below.
c. Designation.
(1) Headquarters. DP-32 appoints all Derivative Classifiers within
Headquarters Elements, including contractors under the direct purview
of a Headquarters Element.
(a) Requests for Derivative Classification Authority for positions
currently without such authority should be submitted in writing
to DP-32. Such requests should include (1) the level (Top Secret,
Secret, Confidential) of Derivative Classification Authority
requested; (2) the name and title of the individual for whom the
authority is being requested; (3) a description of the subject
area and jurisdiction for which the authority is needed; (4) the
anticipated frequency of use of the authority; (5) the effective
date of the authority; and (6) any other information which would
support the need for such authority and the qualifications of the
individual for whom the authority is requested.
(b) When an individual vacates a position for which Derivative
Classification Authority has been granted, the name and title of
the individual losing the authority and the effective date of the
loss of the au~hority must be sent by the individual's
Departmental Element to DP-32.
(c) When an individual assumes a position for which Derivative
Classification Authority has already been granted, that
DOE 5650.2A
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V-5 (and V-6)
individual's name, title, and qualifications must be submitted
to DP-32 for approval. The individual may not assume the
classification authority of the position until his or her
approval by DP-32.
(2) Field. Each Operations Office is responsible for the establishment
of a system to appoint Derivative Classifiers in the field elements
and contractor organizations under its purview.
(3) Derivative Classification Authority may not be redelegatcd.
d. Cancellation.
(1) If the Head of a Departmental Element or contractor orgnnization
determines that a positiQn no longer requires Derivative
Classification Authority~ he or she shall promptly notify the
appointing official (e.g., DP-32 for HQ) of the position title, the
name of the person who holds or last held the position, and the
effective date of cancellation of authority.
(2) If the appointing official (e.g., DP-32 for HQ) determines that an
individual no longer requires D~rivative Classification Authority,
the appointing qfficial shall advise the person concerned of the
cancellation of such authority, the date of cancellation, and the
reasons for the cancellation.
e. Recordkee~inT Requirements. Each appointing official shall maintain a
list of a lndividuals with Derivative Classification Authority under his
or her purview. This list shall include (1) the level of the authority
granted, (2) the name and title of the individual granted the authority,
(3) the individual's Departmental Element or contractor organization, and
(4) the effective date of the designation.
f. Reporting Reouit'ements. Each Operations Office shall report annually as
part of the ilAnnual statistical Report for Information Security Oversight
Office" the number of Derivative Classification Authorities, at each
level, appointed in Departmental Elements and contractor organizations
under its purview.
Section 29
g. Authority Definition. (See also Chapter X, Part C). Individuals with
Derivative Classification Authority may derivatively classify documents or
materials which contain RD, FRO, and/or NSI as defined in their letters of
appointment at any classification level up to and including the level
(Top Secret, Secret, Confidential) of the classifier's authority. Such
determinations shall be based on classification guides authorized for the
classifier's use or on classified source documents. See Chapter X, Part E
for a detailed analysis on making derivative classification determinations.
'"r
DOE 5650.2A
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PART B - CLASSIFICATION r,UInANCE
V-7
r
1. TYPES OF CLASSIFICATION r,IJIOANCE. A hierarchy of docume'1ts provides
classification guidance within DOE. These documents range from the "~las
sification Policy Guide for Nuclear Programs," approved by np-l, to local
classification guides written by OOF. field elements and contractor
organizations.
a. "Classification Policy Guide for Nuclear Programs. 1I
(1) ori?,nator/source of Authority. This document is developed by np
3'. or approval by OP-l.
(2) Pureose. This document is the mechanism by which np-l approves
haslc nOE policy statements on the classification and
declassification of all DOE nuclear-related information. It
identifies general subject areas under the purview of the Atomic
Energy Act that remain classified or have been declassified
pursuant to section 142 of that Act. It also identifies certain
subject areas related to ODE nuclear programs that are classified
as NSI pursuant to Executive Order 1235n. Further, this document
explains the factors affecting the decision on whether or not a
subject area should be classified.
(3) Users. OP-32 interprets this document when approving program and
local classification guides, preparing program guides, or
determining that information is unclassified. This guide is not to
he used by others for classification/declassification
determinations except to the extent expressly delegated by nO-3?
b. IIGuide to the neclassified Areas of Nuclear Fnergy Research. 1I
(1) Originator/Source of Authority. This guide is developed and issued
by np-3?.
(2) Purpose. This guide identifies nuclear-related subject areas under
the purview of nOE that fall within the definition of Rn hut have
been removed from the category pursuant to section 142a of the
Atomic Energy Act. It elaborates on the "Classification Policy
Guide for Nuclear Programs."
(3) Users. Any originator of a document may use this guide to verify
that the information in question has been declassified. netailed
instructions as to the scope, use, and limitations of this guide
are found in the guide itself.
v-a
DOE 5650.2A
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c. Program Classification Guides.
(1)
( 2)
(3)
Originator/Source of Authority. These guides implement the Classi
fication Policy Guide for Nuclear Programs" and other formal
statements of DOE policy. Program guides are approved by DP-32
(together with appropriate officials in other Government agencies
if the guide is a joint guide).
Purpose. These guides identify specific elements of information
under the purview of DOE that are classified or unclassified. Such
guides also specify the proper classification level of the specific
classified information identified within them and, for NSI, the
duration of its classification.
Section 30
Users. These guides are used by Original and Derivative Classi
fiers as the basis for their derivative classification determi
nations and by Derivative Oeclassifiers as the basis for their
derivative declassification determinations. Classifiers may lise
only those guides approved for their use. Such guides are also
used by local classification offices as the basis for preparation
of detailed classification guides primarily intended for use within
a field or contractor organization.
d. Classification Bulletins.
(1) Originator/Source of Authority. The originator and the source of
authority are the same as for program classification guides except
that hulletins also may be based on program classification guides.
(2) Purpose. In general, the purpose of classification bulletins is
the same as for program classification guides, but with a more
limited scope. Most bulletins address specific facts or concepts,
whereas a program classification guide typically addresses an
entire subject area. Bulletins may interpret, clarify, or expand
on guidance contained in a program classification guide. In
addition, classification bulletins may he used to promulgate
changes in classification procedures.
(3) Users. Bulletin users are the same as those for program classifi
cation guides.
e. Local Classification Guides.
(1) Originator/Source of Authority. These guides are based on program
classification guides and classification bulletins. Heads of Field
Elements and contractor organizations are responsible for assuring
that local classification guides are prepared as needed for all
classified work within their jurisdictions. Except where approval
authority has been specifically delegated to field elements, such
r
DOE 5650.2A
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( 2)
(3 )
guides must be submitted to np-3? for review and approval hefore
the originating element uses or issues them. If the responsibility
of more than one field element or of another Government agency
(such as 000) or of a foreign government is involved, np-32 may
determine that a local classification guide should he issued as a
program classification guide.
Pureose. These guides have the same purpose as program classifi
catl0n guides, but are more detailed and tailored to the specific
needs of the originating field element or contractor.
Users. These guides are used by Original and Derivative
Classifiers as the basis for their derivative classification
determinations and by Derivative Declassifiers as the basis for
their derivative declassification determinations. Classifiers may
use only those guides approved for their use. Unless otherwise
directed by DP-32, local classification guides may be disseminated
to other organizations within and outside OOE as required, in
accordance with "need-to-know" principles.
r
2. USE OF PROGRAM AND LOCAL CLASSIFICATION GUIDES.
a. General. Classification guides are to be used wherever they exist. Use
of these guides often entails difficult jUdgments and interpretations of
topics. Classifiers or neclassifiers may use only those classification
guides specifically approved for their use by their local classification
office or by OP-32. Omission from any classification guide of an
explicit statement concerning classification of a specific fact within
the subject area covered by the guide does not mean that th~ fact in
question is unclassified. In cases in which a guide appears ambiguous,
incomplete, or in apparent contradiction to another guide, the local
classification office should be consulted for further guidance, and, if
needed, referral may be made to DP-32. Pending resolution of the
problem, the most restrictive interpretation of the guide should be
used.
Section 31
b. Classification Level/Category. These classification guides indicate the
classification level or range of levels and the classification category
of specific information within the scope of the subject area of the
guide.
c. Duration of Classification. For NSI only, a guide indicates how long
specific information must remain classified. This duration can be
defined as a period of time measured from the date of origination of the
document under review or as an event which must occur prior to
declassification. When a specific date or event cannot be determined
at the time the classification guide is issued, the declassification
instructions will indicate that the "Originating Agency's Determination
(is) Required" (OAOR). Documents containing Rn or FRO, regardless of
whether they contain NSI, are not to be marked in advance for
declassification.
V-IO
DOE 5650.2A
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d. Other Information. These classification guides also contain
instructions concerning when and how to use and interpret the guides.
3. CONVERSION OF DECLASSIFICATION AND REVIEW DAT~S. Refer to page VI-5,
paragraph 2, for instructions on how to interpret the declassification and
review instructions found in classification guides issued pursuant to
Executive orders preceding Executive Order 1?356.
4. REQUIREMENT FOR PERIODIC REVIEW OF CLASSIFICATION r,UIOES. Those portions of
DOE program and local classification guides and bUlletins which contAin
classification guidance for NSI, regardless of whether they also contain
classification guidance for RD or FRO subject areas, shall be reviewed for
currency and completeness by the issuing office at least every? years and
updated as necessary.
5. OISTRIBlJTION OF LOCAL I1UIOES TO DIRECTOR OF CLASSIFICATION. A minimum of
three copies of the final version of each local classification guide and all
subsequent changes issued by any OOE field element or contractor
organization shall be sent to DP-32 as part of the initial distribution of
the guide. These copies will be put into (a) the permanent file, (b) the
reference file, and (c) the automated Classification Guidance System.
Additional copies of such guides may be requested by DP-32, on a case-by
case basis, for use within HO.
fie INDEX OF CLASSIFICATION GUIDES. OP-32 shall maintain a list of all DOE and
nOE contractor classification guides in current use.
7. CLASSIFICATION GUIDANCE FOR WORK NOT FUNDED BY THE DEPARTMENT. Classifi
cation guidance for work conducted at DOE facilities but not funded by nOE
is the responsibility of the funding organization. The classification
guidance so provided will be followed unless it is in conflict with DOE
guidance. All conflicts will be reported to OP-3? for resolution. Until
resolution, the information in question shall he classified in accordance
with the most restrictive guidance.
A. CLASSIFICATION GUIDANCE FOR JOINTLY FIINOm WORK. Classification guidance
for work conducted at I)OE facil it i es funded by both DOE and a non-DOE tI. S.
110vernment organization is the joint responsihility of both funding
organizations. Program offices should contact np-32 to assure development
of appropriate joint classification guidance.
DOE 5650.2A
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1. GENERAL.
PART r, - CLASSI FI CATI ON/ SECUR ITY MARKI NilS
V-ll
a. All authorized classifiers are responsible for ensuring that the
necessary classification/security markings are placed on a classified
document. These include:
(1) Classification level;
(2) Classification category;
Section 32
(3) Date of classification;
(4) Classification authority and/or identity of the classifier;
(5) Duration of classification, if applicable;
(6) Office of origin;
(7) Special markings (if required);
(A) Documentation information (if Secret or Top Secret); and
(9) Authentication information for Top Secret documents.
b. Refer to DOE 5635.1, CONTROL OF CLASSIFIED DOCUMENTS AND INFORMATION,
for rules concerning the use, format, and placement of classification/
security markings. This Order describes only certain markings related
to the classification of a document.
2. CLASSIFICATION AUTHORITY. All classified documents must indicate the source
of classification authority which is the basis for the document's classifi
cation and/or the identity of the Authorized r,lassifier of the document.
Documents originated by individuals without appropriate classification
authority must be reviewed by an Authorized Classifier having the
appropriate authority when it is reasonable to expect that the documents
contain classified information or when regulations or other requirements
apply. Note that the identification of the classifier of a document, as
required in the following paragraphs, is not analogous to preparation of a
document for someone else's signature; that is, the identity of the actual
classifier of a document and his or her Departmental Element should be
indicated.
a. Restricted Data/Formerly Restricted Data. The following rules apply to
all classified documents that contain RO or FRO, regardless of whether
they also contain NSI.
DOE 5650.2A
V-I2 5-8-85
(I) The classification authority for documents which contain RD or FRD
is the Atomic Energy Act. The RO or FRO stamp serves to identify
the source of classification authority (hut see paragraph (2)
below).
(2) Documents which contain RO or FRO are always derivatively classi
fied and may, therefore, be classified by an Original or Derivative
Classifier. The "Derivative Classifier" line on the document must
be completed with the name and title of the classifier of the docu
ment. tn those cases where the signer is the Derivative C1assi-
fi er, the word "s i gner" may he suhst ituted for the name and
position title of the classifier.
b. National Security Information Only. The following rules apply to
classified documents that contain~ NSI (i.e., they do not contain
any RO or FRO).
(1) Originally Classified. If the classification of a document is not
hased on the use of classified information from other documents or
on classification guides, the document must be classified by an
Original Classifier. The "Classified by" line on the document must
he completed with the name and position title of the Original Clas
sifier. In those cases where the signer is the Original C1assi-
fi er, the word "s igner" may be subs t i tuted for the name and pas i
tion title of the Original Classifier. (Note: Such documents must
be portion marked. See page V-IS, paragraph 5 for more detailed
i nformat ion.)
(2) Derivatively Classified. tf the classification of a document is
based on the use of classified information from another document or
on a classification guide, the document must be classified hy an
flrigina1 or Oerivative Classifier. The "C1assifierl hy" line on the
document must include the identity of the classification source
(e.g., a classification guide or the date and originator of the
memorandum that served as the basis for the classification
determination). The "Derivative Classifier" line on the document
must be completed with the name and title of the classifier of the
document. In those cases where the signer is the Derivative
Classifier, the word "s igner" may be substituted for the name and
position title of the classifier.
Section 33
(~) More Than One Classification Source. If the classification of a
document is based on more than one document, classification guirle,
or Original Classifier determination,' the "Classified by" line must
include the term "Multip1e Sources." The classifier shall include
the identification of each classification source, as specified in
the previous two paragraphs, with the file or record copy of the
document. Otherwise, the rules for classification marking are as
specified in the two preceding paragraphs.
DOE 5650.2A
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3. DURATION OF CLASSIFICATION.
V-13
a.
b.
Restricted Data/Formerll Restricted Data. Documents that contain RD or
FRn (regardless of whether they also contain NSI) are not to he markpd
for declassification or review. Therefore, such documents rlo not
require a IIDeclassify on" line.
Information Onl. Documents that contain~ NSI
""T'T,-.e-.-,~t-r--ey-d'l"'"o-n"'"'o":'""t -c-o-n-:'t-a"'i-n-a-n-y--;:;:R-='O~o r FR D) sha 11 be ma rked for dec 1as-
sification in accordance with the following:
(1) Originally Classified. If the classification of a document is not
based on the use of classified information from other documents or
on classification guides, the Original Classifier of the rlocul1lent
shall set a specific date or event for declassification at the time
the information is originally classified, if possible. The
IIDeclassify on ll line on the document must be completed with this
date or event. When a specific date or event for declassification
cannot be determined at the time of original classification, the
"Declassify on" line on the document must be completed with the
following: "0riginating Agency's Determination Requirerl" or
1I0ADR."
(2) Derivatively Classified.
(a) If the classification of a document is based on the use of
classified information from another document, the declassifi
cation instructions of the source document should be carried
forward to the "Declassify on ll line of the new rlocument.
1 Documents deriving their classification from a source
document classified pursuant to Executive Order 1235fi
shall carry forward the declassification instructions from
the source document.
2 Documents deriving their classification from a source
document classified pursuant to predecessors of Executive
Order 12356 should be marked for declassification
according to the conversion table in Chapter X, Part F.
See also page VI-5, paragraph 2.
(b) If the classification of a document is based on instructions
in a classification guide, those instructions shoulrl be
foll owed.
1 Documents deriving their classification from a
classification guide issued pursuant to Executive Order
1?356 shall be marked with the latest nate or event for
declassification specified for the information concerned
or with the indication that the 1I0 r iginating Agency's
V-14
DOE 5650.2A
5-8-85
Oetermination (is) Required" (OAOR) if this instruction is
specified for any information in the document under
review.
2 nocuments deriving their classification from a
classification guide issued pursuant to predecessors of
Executive Order 12356 should be marked for
declassification according to the conversion table in
Chapter X, Part F. See also page VI-5, paragraph 2.
(c) If the classification of a document is derived from a source
document or a classification guide which does not specify
declassification instructions, the "Oeclassify on ll line should
be completed with "OAOR. II
Section 34
(d) nocuments deriving their classification from more than one
classification guide or source document shall be marked with
the latest occurring date or event for declassification
indicated in the classification guides or source documents, or
with "OAOR", as appropriate.
4. ORSOLETE MARKINGS. Certain classification or security markings that were
once commonly used but are no longer used or currently have a different
meaning are defined below. Prior to any use or distribution, old documents
marked with these terms shall be reviewed by a classifier or declassifier to ~
determine their current classification status. The markings of such
documents shall be changed to show their proper classification. Pending
this review, such documents issued in the time periods indicated below shall
be safeguarded as Confidential-NSI documents.
a. Restricted. The term "Restricted" is an obsolete classification marking
defined in Executive Order 10290 of 9-?4-Ii1, which was superseded by
Executive Order 10501, of 12-15-53. Ouring and prior to this time,
"Restricted ll specified a security level less sensitive than IICon
fidential. 1I Note that IIRestricted ll is an active classification marking
still used I)y some foreign governments and international organizations.
h. Official Use Only. From 7-18-49 to 10-22-51, the Atomic Energy
Commission IJsed the term 1I0fficial Use Only" (1I0ll01l) as a security
marking equivalent to the term IIRestricted ll defined in the previous
paragraph. (Note: This marking is currently used as a designation for
certain sensitive but unclassified information which requires some
ctegree of protection.)
5. PORTION MARKING.
a. In accordance with the provlslons of section 1.5(b) of Executive Order
12356, OP-1 granted a waiver of the requirement of that section to
portion mark the classes of documents specified below.
~r
DOE 5650.2A
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V-IS (and V-In)
(1) Oocuments which contain both RO or FRO and NSI.
(2) Documents which contain only NSI anc1 which are derivatively
classified.
b. Thus, portion marking ;s required only for NSI-only documents which have
been originally classified.
c. This waiver does not pertain to any document containing only RO or
FRO. Such information is not under the jurisc1iction of Executive Order
12356 and is not portion marked.
rl. This waiver was sought because it is the position of nOE that the use of
classification guides clearly is a superior method for providing
guidance to Oerivative Classifiers.
e. If portion marking an originally classified NSI-only document is not
practicahle, the document shall contain a statement sufficient to
identify the information that is classified, the level of such
classification, and the information that is not classified. If all
portions of a c10cument are classified at the same level, this fact
should be indicated by a statement to that effect on the face of the
document.
r
DOE 5650.2A
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PART D - UPGRADING
1. AUTHORITY TO UPGRADE THE CLASS IFI CATI ON OF I NFORMATI ON AND DOCUMENTS.
a. Information.
V-I?
(1) Restricted Oata and Formerly Restricted Data. Only DP-3?-, DP-l, or
a higher authority may upgrade the level of classification of RD
and FRO.
(2) National Security Information. Only OP-32, DP-l, a higher
authority, or an Original Classifier may upqrade the classification
of NSI, consistent with DOE classification policy. Original
Classifiers have authority only over information which th~y, their
predecessors, or their subordinates originally classified.
Section 35
t,
h. Documents and Material. Upgrading the classification of documents or
material may be authorized only by Original Classifiers or by Derivative
Classifiers pursuant to their designated authorities. However, any
individual in possession of a document he or she believes should be
upgraded, should protect it accordingly and promptly seek guidance from
an appropriate classification authority. A change of classification
markings on a document to indicate an upgrade may be carried out by
custodians of the documents upon receipt of notification from proper
authority. If such upgrades are authorized through classification
guides, only those authorized to use the classification guides (i.e.,
Original and Oerivative Classifiers, Derivative neclassifiers) may mak~
changes, or direct that changes be made, on documents or material
affected by the change. These requirements do not apply to the
immediate correction of a misclassification by issuance of a replacement
version.
?-. PROCEDURES FOR UPGRADING THE CLASSIFICATION OF INFORMATION ANn nOCUMENTS.
a. Notification of Upgrading.
(1) Information. Written notification of upgrading of the
classification of information shall be made by OP-32 and may he in
the format of a classification guide or bulletin.
(2) nocuments and Material. Those individuals authorizing the
upgrading of documents will ensure that all holders of the
documents are notified as follows:
(a) Content of Notices. Classification upgrading notices should
identify the document as fully as possible, citing the title
(or briefly describing the document); the identification
V-18 DOE 5650.2A
5-8-85
number, if any; the author; the document date; the person
authorizing the change; and the nature and date of the change.
Notices should be classified in accordance with appropriate
classification guidance.
(b) Formal Reports. The person authorizing the upgrading of a formal
report that has been distributed outside the originating organi
zation shall provide a copy of the upgrading notice to the Office
of Scientific and Technical Information, Oak Ridge, Tennessee
37831, for inclusion in that office1s data base.
(c) Forwarding of Notices. If the recipient of an upgrading notice
has transmitted the document to another custodian, the upgrading
notice should be forwarded to the new custodian.
(Insert
b. Marking.of Upgraded Documents. The person changing the markings of a
document upon receipt of proper authorization shall mark the new
classification on the document and delete the former markings. Any such
changes must be verified by a second individual. The following statement
shall also be placed on the first page of the document:
Classification changed to
c/lJSI
appropriate classification level and category)
by authority of Ctn.l ~1"~.J #,2.~
- ....(A...u....tT""ho-r~ll'lJlt~y-~cfia riQil'iiCl assifTcat ion )
Figure V-l
Example of Upgraded Document Marking
DOE 5650.2A
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PART E - RECLASSIFICATION
1. AUTHORITY TO RECLASSIFY INFORMATION AND OOCl/ME~Tc;.
a. Information.
V-}lJ
r..
(1) Restricted Data and Formerly Restricted Data. Pursuant to section
146 of the Atomic Energy Act of 1954, as amended, RO and FRO
information which has been formally declassified by proper
authority may not be reclassified.
Section 36
(2) National Security Information. NSI which has been formally
declassified by proper authority may only be reclassified by the
Deputy Assistant Secretary for Security Affairs (OP-30) or higher
authority. Pursuant to section 1.6(c} of Executive Order 12356,
previously declassified NSI information may be reclassified if it
is determined in writing that (I) the information requires
protection in the interest of national security; and (2) the
information may reasonably be recovered. (See ISOO nirective No.1
on pages X-15-22 for further information.)
h. nocuments and Material. In most cases, documents and material may be
reclassified by their Original Classifiers or by Derivative Classifiers
pursuant to their designated authority. However, only -np-3? or higher
authority may reclassify NSI-only documents or material following an
FOIA or Privacy Act request. Custodians of the documents may indicate
reclassification by changing the classification markings on a document
upon receipt of notification from proper authority. If such
reclassifications are authorized through classification guides, only
those authorized to use the classification guides (i.e., Original an1
Oerivative Classifiers and Derivative Declassifiers) may make changes,
or direct that changes be made, on documents or material affected by the
change.
?. PROCEnURES FOR RECLASSI FY IN~ I NFORMATI ON ANn OOCl/MENTS.
a. Notification of Reclassification.
(1) Information. Written notification of reclassification of
information shall be made by DP-32 and may be in the form of a
classification guide or bulletin.
(2) Documents and Material. Those individuals authorizing the reclas
sification of documents will assure that all holders of the
documents who have a clearance for and a need to know the
reclassified information are notified as follows:
(a) Content of Notices. Reclassification notices should identify
the document as fully as possible, citing the title (or
V-20
DOE 5650.2A
5-8-85
(b)
briefly describing the document); the identification number,
if any; the authority; the document date; the person
authorizing the change; and the nature and date of the
change. Notices should be classified in accordance with
appropriate classification guidance.
Forwarding of Notices. If the recipient of a reclassification
notice has transmitted the document to another custodian who
has the proper level of clearance and a need to know the
reclassified information, the reclassification notice should
be forwarded to the new custodian.
b. Marking of Reclassified nocuments. The person changing the markings of
a document upon receipt of proper authorization to reclassify it shall
mark the new classification on the document and cancel the former
markings (if any). Any such change must be verified by a second
individual. The following statement shall also be placed on the first
page of the document:
CNSI
(Insert appropriate classification level and category)
Reclassified to ------------..;....:.:=------------
by authority of cL.~ /l~ #JA
(Authority for reclassification)
Olj,./'80
~.
(Date)
by
Fi gure V-2
Example of Reclassified nocument Marking
DOE 5650.2A
5-8-85
1. r,ENERAL.
PART F - CLASSIFICATION STATUS OF
RESEARCH AND DEVELOPMENT ACTIVITIES
V-21
Section 37
a. Research and development (R&D) conducted under the purview of DOE uses
or generates information ranging from completely unclassified to wholly
classified. Consistent with the needs of national security, as much of
this work as possible is kept unclassified in order to promote the free
interchange of ideas essential to scientific and industrial progress and
public understanding. All nOE R~n activities must be evaluated to
determine the nature and extent of classification requirements
applicable to the activities. This review is particularly important in
areas of new or rapidly expanding technology. The purpose of this part
is to describe (1) the steps involved in making classification status
determinations (see Chapter X, Part G), and (2) the resulting
requirements imposed upon the program organization. These determinations
are based on the potential for generating classified information by the
R&n activities. The responsible Heads of HO or Field Elements will
determine what constitutes an R&D "activity" for the purposes of this
section. Activities are described as: Category I, unclassified
activity with virtually no potential for using or generating classified
information; Category II, unclassified activity with the potential for
using or generating classified information; and Category III, classified
activity with great potential for using or generating classified
information.
h. Since there are two bases for classification of information (the Atomic
Energy Act for Rn/FRn and Executive Order 12350 for NSl), determination
of the classification status of a om:: R&n activity requires the merging
of two different but parallel evaluations. The steps involved in this
process are described in Chapter X, Part r.. Additional procedur~l
guidance is available from np-~~.
? AIITHORITI E:S AND REOllI REMENTS FOR OF-TERMI NAn ON OF RESEARCH AND DEVELOPMENT
ACTIVITY CLASSIFICATION STATUS. The following authorities and requirements
relate to the determination of the classification status category of noF. R&n
activities. (Refer to Chapter X, Part G, Figure X-G).
a. netermination Authority. Heads of HQ and Field Elements, as
appropriate, may designate the classification status category of DOE R&D
activities under their programmatic jurisdiction. This determination
may be changed by DP-32, who also may permanently or temporarily waive
the requirement to make this determination for certain programs.
b. Reportin~ Requirements. All category designations shall be reported to
the loca classification office. Activities with Category II or III
designations (see Chapter X, Part G, paragraph 3 and Figure X-6) shall
V-22
DOE 5650.2A
5-8-85
also be reported annually to OP-32. These reports shall include (1) a
description of the activity; (2) the category designation; (3) the name
and title of the individual designating the category; (4) the date of
the designation; and (5) the name, title, and address of the individual
programmatically responsible for the activity (usually the principal
investigator).
c. Recordkeeping Reguirements. All designations of classification status
category of R~O activities shall be recorded and maintained by the local
classification office or by the HQ program office, as appropriate. nOE
field sites which do not have a local classification office (e.g.,
Energy Technology Centers) shall have their records maintained by the
appropriate HQ program office. The information required in the reports
described in the previous paragraph shall be recorded by the local
classification office or by the HO program office, as appropriate, for
all OOE R&D activities under their jurisdiction.
Section 38
d. Appointments. (Refer to Chapter X, Part G, Figure X-fi.) Category I
activities do not have any appointment requirements. Category II
activities require that at least a Oerivative Classifier (usually the
principal investigator) be designated to monitor the activity to assure
that any classified information used or generated by the activity is
irlentified and classified, and that the activity is upgraded to
Category III. Category III activities require the appointment of a
Classification Officer for the program element (e.g., the overall
contractor Classification Officer) or coordination with the responsible
Headquarters or field element for classification assistance.
e. Guides are required for Category III activities. In certain
circumstances, np-32 may request the preparation of a classification
guide for Category II activities.
"r
DOE 5650.2A
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PART G - CLASSIFICATION REVIEW OF NEWLY GENERATED nOCI~ENTS
1. GENERAL.
\j-?~
a. The following procedures apply to the classification review of all newly
generaterl documents originated by nOE or its contractors. Variations in
the review process are based on the following differences in the types
of documents:
(1) Format;
( 2) Purpose;
( 3) Intended distribution;
( 4) Author's security clearance;
(5) Author1s c1 ass ifi cati on authority; and
( 0) Subject area.
b. It is nOE policy to provide formal classification guidance whenever
possible. However~ the absence of a topic in a guide is not sufficient
to declare a document unclassified. (Refer to sections below and
Chapter V~ Part A.)
c. netermination that a document is unclassified does not mean it can he
released to the public. Other factors (e.g., FOIA exemptions such as
section 148 of the Atomic Energy Act~ Privacy Act exemptions, Patent
Secrecy Act, patent clearance review) may limit the releasability of all
or part of the document.
2. nnCI~ENTS ORIGINATEn BY DEPARTMENTAL ELEMENTS OR nEPARTMENTAL CONTRACTOR
PERSONNEL. These procedures apply to all documents originated by DOE or DOE
contractor personnel. np-32 and Heads of Field Elements may exempt specific
categories of documents or subject areas from these procedures.
a. nocuments Which Concern Category I Activities or which deal with non-R~n
subjects having no potential for using or generating classified infor
mation do not require classification review by an Authorized Classi
fier. However~ any questionable cases should be referred for review to
an Authorized Classifier. (This decision is the responsibility of the
originator.)
b. nocuments Which Concern Category II or Category III Activities. All
newly generated documents written by noF. or nOF. contractor personnel~
regardless of their format, that concern Category II or Category III R&n
activities or any other subject area having a potential for using or
V-24
DOE 5650.2A
5-8-85
generating classified information must he reviewed for classification hy
an Authorized r.lassifier. Such a review is sufficient for documents
that the Authorized Classifier determines (1) to he classified or (2) to
be unclassified, hut which will receive limited distribution. Examples
of such unclassified but limited distribution documents include most
letters, memoranda, internal analyses, and planning documents.
Section 39
c. nocuments tntended for Widespread nistribution or Public Release. All
newly generated documents written by nOE or ODE contractor personnel,
regardless of their format, that concern Category II or Category Itt
program subject areas, or other classified areas and that are intended
for public release or for such widespread internal distrihution that
public release is likely, must be reviewed for classification by the nOE
or DOE contractor classification office or np-3?, as appropriate. This
authority may be delegated to specified Authorized Classifiers.
Examples of this type of unclassified document include formal reports,
journal articles, press releases, speeches, and conference papers.
d. Oral Presentations. The review requirements described in suhparagraphs
a, b, and c, above, are also applicahle to any oral presentation,
including speeches, briefings, or interviews, to he made hy nOE or DOE
contractor personnel. Whenever possible, such presentations should be
made from a prepared text which has heen reviewed according to the
applicable requirements described above. When review of prepared text
is not possible or when extemporaneous remarks are likely, the person
who is to deliver the oral presentation shall be thoroughly briefed
heforehand by local OOE or nOE contractor classification office
representatives on classification guidance in the field covering the
suhject matter of the paper and advised of the danger areas in
discussions following the presentation.
~. nOCI~ENTS SURMITTED RY PERSONS OTHER THAN DEPARTMENTAL OR nEPARTMENTAL
CONTRACTOR PERSONNEL. These procedures apply to documents suhmitted by
persons other than ODE or DOE contractor personnel (a) with past or current
nOE security clearances, (b) with past or current security clearances issued
~y other Government agencies, or (c) with no record of a security clearance.
a. All newly generated documents that concern Category II or Category III
DOE R&D activities written hy persons other than DOE or nOE contractor
personnel possessing an active security clearance from nOE or another
agency and submitted for review, are subject to the requirements
described in paragraph 2, above. Documents submitted by such
individuals for classification review shall be reviewed by the local
classification office or OP-32. The author will be requested to delete
any classified information contained in the document prior to its
unclassified publication.
b. Oocuments submitted by persons who no longer have a security clearance
will normally be treated under the rules of subparagraph 3a, above,
DOE 5650.2A
5-8-85
V-?~ (and V-2~)
r··.
unless the document deals with areas in which they were not authorized
access. Those cases should be referred to OP-32.
c. Documents submitted for classification review by persons who never had a
security clearance shall be referred to DP-32. The submitter may be
notified of this referral, but no further elaboration should be made.
4. REVIEW OF DOCUMENTS (PATENT APPLICATIONS AND REPORTS) REFERRED UNDER
SECTIONS 151(c) AND 151(d) OF THE ATOMIC ENERGY ACT.
a. Reports of inventions and discoveries useful in the production and
utilization of special nuclear material or atomic energy and concerning
Category II or Category III R&D activities shall be forwarded by the
Assistant General Counsel for Patents (GC-42) to OP-32 and reviewed to
determine whether the reports contain classified information.
Section 40
h. Patent applications referred to GC-42 by the Commissioner of Patents and
Trademarks under section 151(d) of the Atomic Energy Act and forwarded
to DP-32 shall be reviewed to determine whether they contain classified
information.
c. Both reports of inventions and patent applications shall be handled in
accordance with section 151(e) of the Atomic Energy Act, shall he kept
in confidence by nOE, and shall not be referred to a Responsible
Reviewer for classification review without express written approval of
GC-42.
5. WAIVER OF REVIEW REQUIREMENTS. The classification review requirements des
cribed in this part may be waived on a case-by-case basis by DP-32.
DOE 5650.2A
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CHAPTER VI
DECLASSIFICATION AND DOWNGRADING
PART A - AUTHORITY FOR DECLASSIFICATION AND DOWNGRADING
1• I NFORMATI ON.
·f I _ 1
r
a. Restricted nata anrl Formerly Restricted nata. Only np-l mtly rj~cltlssif'y
Rn and FRn. nO_1 anrl np-~? ~~y rlowngrarle Rn and FRn.
b. National Secl/rity Information. neclassification ann nowngrading
rlUthority is limiterl to the Original Classifiers of such inforrnation,
np-32, and np-l.
? nnClIMENTS AND MATERIAl..
a. t,eneral. nocuments anrl material may ~e rleclassified hy np-3?, Original
r.lassifiers (see page VI-q, paragraph 4, helow, for extent anrl limita
tions of such authority), or nerivative neclassifiers. (t1.Jote: A Cl/sto
rlian of classified rlocuments or material noes not require rleclassifictl
tion authority in orrler to proceed in accordance with a rleclassification
notice from an authorizerl source.)
h. nerivative neclassification Authority.
(1) Oualifications. A nerivative npclassifier ~Jst (a) have rjernon
straten competence in the suhject area in whi ch the authority will
he usen; (b) he knowlerlgeahle in nOF classification policy anrl
procerlures (especially wit'"' all classification guirles in the
subject area in which the authority will he userl); (c) he in a
position with a proven or anticipaterl neerl for nerivative
neclassification Authority; anrl (ei) he so rlesignaterl in wri~ing as
rlesr.riherl helow.
(?) nesignation.
(a) Requests for nerivativi=) neclassification AI/thority for posi-
t ions currently without such authority shoul r1 he slIhrnittE'rl i.,
If/riting to np-32. Such requests shoulei include (l) the name
anti title of the inoivirlual for whom the authority is reql/est
erl, (?) a rlescription of the slIbject area anri jurisrliction for
which the authority is neprlerl, (3) the anticip(ltprl frpquency
of uSP. of t,",e authority, (4) thp. qualificatior'ls of the indi
virluill for w,",om thp authority is requesterl, anrl (") tiny other
informatio/l whiCh WOlllrl SIlJ1port thp neerl for t"e ill/thority.
(h) When an inciivirlunl V.:lCiltes tl position f"r which neriV(lI:ivp
npclassific~tion Authority has heen granteo, the ntl~R nnrl
VI-2
DOE 5650.2A
5-8-85
title of the individual losing the authority and the effective
date of the loss of that authority must be sent by the
individual's organization to DP-32.
(c) When an individual assumes a position for which Derivative
Declassification Authority has already been granted, that
individua1's name, title, and qualifications must be submitted
to DP-32 for approval. The individual may not assume the
declassification authority of the position until his or her
approval by DP-32.
(d) Derivative Declassification Authority may not be rede1egated.
(3) Cancellation.
Section 41
(a) If the Head of an organization determines that a position no
longer requires Derivative Declassification Author.ity, DP-32
shall promptly be notified of the position title, the name of
the person who holds or last held the position, and the
effective date of cancellation of authority.
(b) If DP-32 or the Manager of the Operations Office determines
that an individual no longer requires Derivative Declassifi
cation Authority, he or she shall advise the person concerned
that such authority is to be cancelled, the date of
cancellation, and the reasons for the cancellation.
(4) Recordkee~ing Requirements. DP-32 shall maintain a list of all
individua s with Derivative Declassification Authority. This list
shall include (a) the name and title of the individual granted the
authority, (b) the individual's Departmental Element or contractor
organization, and (c) the effective date of the designation. In
addition, each Departmental Element and contractor organization
shall maintain a similar list of all individuals with Derivative
Declassification Authority wit~in its jurisdiction.
(5) Authority Definition. (See page X-23, Part e.)
(a) An individual with Derivative Declassification Authority may
derivatively declassify or downgrade documents or material
originated by his or her Departmental Element, its contrac
tors, or the predecessors of these organizations. In certain
circumstances, DP-32 may grant broader declassification
authority to an individual.
(b) Derivative Dec1assifiers may declassify documents or material
only in the areas in which they have been delegated such
authority and which disclose only:
DOE 5650.2A
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VI-3 (and VI-4)
1 Information falling within the "unclassified" topics of
classification and/or declassification guidance
specifically authorized for their use in declassifying
documents; or
2 Information identified as unclassified or that has been
declassified by DP-32; or
3 Purely administrative information which reveals no
technical or programmatic data. (Caution: This criterion
is intended for historical documents and is to be
interpreted very narrowly. If there is any doubt as to
whether information is "purely administrative." specific
guidance must be sought.)
DOE 5650.2A
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PART B - AUTOMATIC DECLASSIFICATION AND DOWNGRADING
VI-5
r
1. RESTRICTED DATA AND FORMERLY RESTRICTED DATA. Only OP-1 may declassify RD
and FRO. OP-1 and DP-32 may downgrade RO and FRO. RD and FRO are not
subject to automatic declassification or downgrading.
2. NATIONAL SECURITY INFORMATION. (See Chapter X, Part F, Figure X-3 for a
summary conversion table on the duration of classification.)
a. Documents Classified Pursuant to Executive Order 10290. Documents
classified pursuant to Executive Order 10?90 and marked for automatic
downgrading or declassification should be downgraded and declassified in
accordance with such markings.
b. Documents Classified Pursuant to Executive Order 10501.
(1) Groups 1 and 2. Documents under Groups 1 and 2 of Executive Order
10501, as amended by Executive Order 10964, are not automatically
downgraded or declassified.
(2) Group 3. Documents under Group 3 of Executive Order 10501, as
amended by Executive Order 10964, shall be downgraded as follows:
(a) Top Secret to Secret at 12 years from date of origin of the
document; or (b) 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).
Section 42
(3) Group 4. Documents under Group 4 of Executive Order 10501, as
amended by Executive Order 10964, shall be downgraded as follows:
(a) if originated on or before 12-1-66, they shall be declassified
immediately; (b) if originated on or after 12-2-66 and on or before
5-31-72, they shall be downgraded to Confidential and declassified
at I? years from date of origin.
c. Documents Classified Pursuant to Executive Order 11652.
(1) Advanced Declassification Schedule. Documents marked for automatic
downgrading in advance of the General Declassification Schedule
eGOS) of Executive Order 11652 shall be downgraded in accordance
with the schedule for downgrading marked on the documents. Unless
otherwise specified on the documents, they will be subject to the
GDS for the rest of the time they remain classified.
(2) General Declassification Schedule. Documents marked as being
subject to the GDS of Executive Order 11652 shall be downgraded as
follows: (a) Top Secret to Secret at 2 years from date of origin
of the document; (b) Secret to Confidential at 2 years from date of
VI-6
DOE 5650.2A
5-8-85
orlgln (unless the document was originally classified as Top
Secret, in which case it is 2 years from the time it was downgraded
to Secret); and (c) Confidential documents will be declassified
6 years from date of origin (or from the date at which they were
downgraded to Confidential).
(3) Documents Marked as Exempt From the General Declassification
Schedule of Execut;ve Order 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.
d. Documents Classified Pursuant to Executive Order 12065 and marked for
automat;c downgrad;ng or declass;f;cation w;ll be downgraded or
declassified in accordance with such markings.
e. Documents Classified Pursuant to Executive Order 12356 and marked for
automatic downgrading or declassification will be downgraded or
declassified in accordance with such markings.
r
DOE 5650.2A
5-8-85
PART C - REVIEW OF DOCUMENTS FOR
DECLAsSIFICATION OR nOWNGRAOINf,
VI-7
1. GENERAL. Part C pertains to RD, FRD ahd NSI, except as noted on Page VI-IO,
paragraph 7. Previously generated classified documents shall be reviewed
for possible declassification/downgrading in accordance with the procedures
described below. Note that a determination that a document is unclassified
does not mean that it can be released to the public. Other factors (e.g.,
FOIA exemptions such as section 14A of the Atomic Energy Act, Privacy Act
exemptions, Patent Secrecy Act, or patent clearance review) may limit the
releasability of all or part of the document.
a. Documents as specified in (1) through (5) below may not be automatically
declassified, but must be reviewed in accordance wit1llProcedures
specified below as appropriate hefore they are declassified.
(1) Documents with no markings which indicate declassification or
review dates or events.
(2) Documents marked as RO or FRD.
(3) Documents assigned to Groups 1, 2, or 3 as defined in Executive
Order 10964.
(4) Documents Exempt from the General Declassification Schedule (XGnS)
as defined in Executive Order 11652 and marked with a date or event
for automatic declassification beyond 20 years from the date of
origin of the documents (30 years for documents containing foreign
government information), or for which the declassification period
was impossible to determine or was indefinite at the time of
origin.
Section 43
(5) Oocuments classified pursuant to Executive Order I~065 and assigned
a date or event for review.
b. Documents which carry conflicting declassification instructions will be
handled in accordance with the most restrictive markings.
c. Documents may be declassified only by Derivative neclassifiers and
Original Classifiers under certain conditions prescribed in this
manual. (See Chapter VI, Part A, and Chapter V, Part A, respectively.)
d. In the declassification review process, referrals may be made, as appro
priate, to Responsible Reviewers. It is also the responsibility of the
Departmental Element or contractor organization initiating the review to
obtain patent clearance where appropriate.
DOE 5650.2A
VI-R 5-8-85
e. Under certain circumstances, OP-3? may determine that documents
concerned with specific sensitive areas may be declassified only by
certain declassifiers. Specific instructions will he issued when and if
such occasions arise. If the reviewer decides that he or she is not
sufficiently competent in the subject area addressed in the document to
determine whether it may be declassified, or it is outside his or her
jurisdiction, the matter must be referred to the local classification
office, or, where appropriate, through channels to np-32.
2. FORMAL REPORT REVIEW. This procedure is used for formal reports produced
for or by DOE or its predecessors.
a. Formal reports are to be declassified only by a Derivative Oeclassifier
in the local (i.e., DOE or contractor) classification office or DP-3?.
This authority may also be delegated to other specified Derivative
Oeclassifiers.
b. When there is any doubt about whether a document should be declassified,
it shall be referred through channels to DP-32 for resolution. Two
copies of the formal report should be submitted along with a recommen
dation and evaluation to DP-3?. A Classification Officer may also refer
the report to an appropriate Responsible Reviewer.
c. Upon receipt of a request for a formal report review, DP-32 may transmit
~ copy of the report to an appropriate Responsible Reviewer. When
Responsible Reviewers review reports under this provision, they shall
transmit the copy of the report with their recommendations and
evaluation to DP-32.
d. In its review, DP-32 will consider the comments of the Classification
Officer submitting th~ request, the Responsihle Reviewer, and any other
organization asked to review the report prior to the final determination
concerning declassification of the report. DP-32 will notify the
Classification Officer who initiated the request, or the individual
initiating the request when the request is made directly to DP-32, with
regard to the final declassification determination.
e. If the report is to be declassified, upon receipt of notification of
declassification from DP-32, 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.
3. REVIEW BY DERIVATIVE OF.CLASSIFIERS.
a. Derivative Declassifiers' shall review documents or materials submitted
to them for declassification review in accordance with the provisions of
this Order. If, as a result of the review, documents or materials are
to he determined declassifiable, the reviewer will declassify them.
nocuments or material determined not to he declassifiable under this
authority, but possibly declassifiable under other authority, may be ~
DOE 5650.2A
5-8-85
VI-9
r
Section 44
referred hy the Oerivative Oeclassifiers for further processing to the
Classification Officer or OP-32. as appropriate.
h. The person who declassifies a document shall assure that all known
holders of its copies are promptly notified.
4. REVIEW RY ORIGINAL CLASSIFIERS. Authorized Original Classifiers may
originally declassify NSI documents (other than formal reports) over which
they have exclusive programmatic jurisdiction and which they. their prede
cessors. or subordinates. inclUding contractor and/or subcontractor organi
zations under their cognizance. originally classified. provided the
declassification is consistent with nOE policy. They may derivatively de
classify RO. FRO. and NSI documents (other than formal reports) over which
they have exclusive programmatic jurisdiction and which they. their prede
cessors. or subordinates. including contractor and/or subcontractor organi
zations under their cognizance. derivatively classified. provided the
declassification is consistent with noF. policy and guidance. Oerivative
declassification actions must be based on the information appearing as an
unclassified topic in a guide approved for the classifier's use in rleclassi
fying documents.
5. LARGE-SCALE REVIEWS (FILE CLEARANCE REVIEWS). Files containing classified
documents that are obsolete or deal with an activity that has been
declassified or discontinued may be reviewed to declassify those documents
no longer requiring security protection. Reviews involving more than a
small number of documents are subject to the following special requirements
in addition to normal procedures:
a. Special reviews may be approved only by the cognizant nOE Classification
Officer after coordination with OP-3?. A request to conduct a special
review at a contractor site must he submitted by the nOE contractor
Classification Officer to the Operations Office. The Operations Office
will review the proposal and may approve it only after written
coordination with OP-32. (HO and field elements should submit requests
for such reviews at their sites to DP-32.)
b. All such requests shall include. at a minimum:
(1) A description of the nature of the review;
(2) An explanation of the requirement for the review;
(3) The identities and qualifications of the reviewers;
(4) A description of the classification guidance to be used on the
review; and
(5) Detailed. written procedures for conducting the technical and
clerical aspects of the review. including methods of quality
assurance to be employed.
VI-IO
DOE 5650.2A
5-8-85
c. The review must be conducted under the direct supervlslon of the local
classification officer (in Headquarters, DP-3?).
d. As with all declassification reviews, extreme care must he exercised.
(1) Particular care must be taken to assure that sufficient time is
allowed for a careful and thorough review of the documents.
(2) Reviewers must be rebriefed just prior to initiation of the review
project to assure they are fully cognizant of their authorities and
thoroughly understand the classification guidance to be used.
(3) Specific instructions must be given regarding treatment of informa
tion not covered explicitly in current classification guides.
6. PATENT APPLICATION REVIEW. GC-42 initiates requests for declassification
review of all patent applications.
a. GC-42 shall transmit one copy of the patent application to OP-32 for
review to determine if it may be declassified in accordance with current
nOE classification policy.
Section 45
b. OP-32 may refer questions about declassification of DOE patent appli
cations to a Responsible Reviewer for review and recommendations.
However, classified, private, non-DOE patent applications shall not be
referred to a Responsible Reviewer without the express written approval
of GC-42. Such special handling 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 U.S. Government will be
observed.
c. "pon completion of the required review, DP-32 will return the patent
application to r,C-42 with the determination.
7. REVI EWS PURSUANT TO EXECUTI VE ORDER OR STATUTE. J:xecut i ve Order 12356 J the
FOIA, and the Privacy Act contain provisions requiring classification review
of information and documents. The procedures for carrying out such reviews
are given in the following subparagraphs.
a. ~xecutive Order 12356 requires the establishment of procedures for
Mandatory Review for declassification of N5I. It also requires that
systematic review guidelines be furnished to the Archivist of the United
States for use in reviewing for declassification/downgrading of (1)
classified documents accessioned into the National Archives of the
United States, and (2) classified presidential documents under the
Archivist1s control which were originated by or contain information
under the purview of DOE or its predecessors. Under Executive Order
12350, OP-32 may conduct internal and systematic review programs for
classified information originated by DOE and contained in documents
"
determined by the Archivist to he permanently valuahlp, hut which h"Jvp.
not been accessionec1 into the National Archiv~s of the llniter! States.
r
DOE 5650.2A
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1'1 -11
(1) Mandatory Review for Declassification.
(a) Except as provided in section 3.4(b) of Executive Order 1?356,
all information classified by nOE under Executive Order 12356
or its predecessor orders (i.e., NSI) is subject to a review
for declassification by nOE if the request:
1 Is marie by a U.S. citizen or permanent resirlent alien, a
Federal agency, or a State or local government;
2 Describes the document or material containing or revealing
the NSI in question with sufficient specificity to enable
it to be located with a reasonahle effort; and
,....
C
3 Is sent to the Director of Classification, U.S. nepartment
of Energy, Washington, nc ?0545.
(b) Invalid Requests. The requester will he notified promptly by
np-3? if his or her request is not valid. This notification
letter will explain why the request cannot be processed and,
if applicable, tell the requester what additional information
is needed to allow processing of the request.
(c) Valid Requests. Upon receipt of a valid request for mandatory
declassification review, np-32 shall:
1 Contact all appropriate nepartmental Elements requesting
that their files be searched for documents and material
responsive to the request.
2 On the basis of the results of the above search, determine
whether estimated review and coordination time required to
process the request preclUdes a prompt declassification
determination and, if so, inform the requester of the
additional time needed to process the request.
3 Review the documents or other material responsive to the
request and determine whether or not the classified
information under the purview of nOE contained in or
revealed by the documents or other materlal can he
declassified.
Section 46
4 Coordinate with other agencies the review of documents or
other material originated by nOF. that are responsive to
the request and that contain information under the purview
of those agencies.
VI-12 DOE 5650.2A
5-8-85
5 After deletion of all classified information under thp.
purview of DOE, forward a copy of any documents or other
material originated by another agency to that agency for
further processing and direct response to the requester,
including a copy of the request together with recommendations
for action and, after consultation with the originating
agency, inform the requester of the referral.
6 Transmit to the requester the final determination of DP-32 as
to whether all or part of any documents or other material
responsive to the request may be released to the requester.
This determination must be made within 1 year from the date
of receipt of the request except in unusual circumstances
(e.g., delays caused by coordination of the review of
responsive documents or other material originated by DOE with
agencies having purview over information contained in or
revealed by the documents or other material).
7 In those cases where a fee (see 10 CFR 1004.9 for schedule of
fees charged for documents or material provided to requestersj
is to be charged, notify the requester of the estimated
amount of the fee and await confirmation by the requester of
willingness to pay the fee.
S In those cases where no fee is to be charged, or where the
requester has agreed to pay the f~c, and consistent with
other applicable law, send the requester copies of
declassified documents or other material or declassified
portions of classified documents or other material that
constitute coherent segments.
9 In those cases where all or part of documents or other
material responsive to a request cannot be declassified,
notify the requester that he or she has the right to an
administrative appeal of the denial within 60 days of receipt
of the denial letter. The requester shall be notified that
the appeal shall specify why the requester believes the
information in question does not warrant classification and,
if possible, should include copies of the initial request
letter and the denial letter from the Director of
Classification. The appeal should be sent to the Assistant
Secretary for Defense Programs, U.S. Department of Energy,
Washington, DC 20545.
(d) Appeals of Denials of Mandatory Declassification Review Requests.
1 Immediately upon receipt of an appeal request, an ad hoc
committee will be assembled and headed by a representative
DOE 5650.2A VI-13
5-8-85
~
\ from the Office of DP-l and will be made up of represen
tatives from any Departmental Element that he or she
determines to have an interest in the appeal or in the
information in question.
2 OP-32 will provide the committee all information,
documents, and any other assistance pertinent to the
appeal, and will advise the committee with regard to the
classification of the information involved.
3 The committee will review the basis for the oenial and
transmit its findings and recommendations to np-l within
15 working days following receipt of the appeal.
Section 47
4 On the basis of the committee report, OP-l shall make a
final determination on the appeal within 25 working days
following receipt of the appeal. The head of the
committee then shall notify the requester, within 30
working days following receipt of the appeal, in writing,
of the final determination. In accordance with this
determination and consistent with other applicable law,
copies of declassified documents or other material or
declassified portions of classified documents or other
material responsive to the request will be released to the
requester, upon payment of any required fees, and/or the
requester will be given a statement as to why some or all
of the documents or other material cannot be declassified.
(2) Systematic Review by the Archivist of the United States. Executive
Order 12356 requi res the Archivi st of the United States to
systematically review for declassification or downgrading (a)
classified documents accessioned into the National Archives of the
United States and (b) classified presidential documents under the
Archivist's control. Such documents shall be reviewed in
accordance with systematic review guidelines provided by np-3?- for
information under the purview of nOE or its predecessors.
(a) Systematic Review Guidelines. OP-32 shall issue and maintain
guidelines for systematic declassification review of
information unoer the purview of nOE or its predecessors.
These guidelines shall be developed in consultation with the
Archivist and the Director of ISOO and designed to assist the
Archivist in the conduct of systematic reviews. These
guidelines shall be reviewed and updated at least every 5
years unless earlier review is requested by the Archivist.
(b) Assistance to the Archivist. np-32 shall designate
experienced personnel to provide timely assistance to the
r
VI-14
DOE 5650.2A
5-8-85
Archivist in the systematic review process. Such personnel
shall be designated as having Derivative Declassification
Authority for the documents subject to the systematic review
process that contain information under the purview of DOE or
its predecessors.
(c) Internal Systematic Review Programs. DP-32 may conduct
internal systematic review programs of documents containing
information under the purview of DOE or its predecessors that
have been determined by the Archivist to be permanently
valuable but that have not been accessioned into the National
Archives of the United States. DP-32 shall originate any
required instructions or guidelines on a case-by-case basis
for internal systematic review programs.
b. Freedom of Information Act or Privacy Act of 1974. Classification
review and other actions regarding review of classified documents
requested pursuant to the FOIA or the Privacy Act shall be conducted in
accordance with the provisions of this Order and DOE orders concerning
the FOIA and the Privacy Act.
c. Confirmation of Existence of Requested Documents. Individuals
responding to requests for classified documents made pursuant to the
FOIA, the Privacy Act, or the mandatory review provisions of Executive
Order 12356 shall refuse to confirm or deny the existence or ~
nonexistence of requested documents whenever the fact of their existence
or nonexistence is itself classified.
R. OTHER REVIEWS BY THE OFFICE OF CLASSIFICATION.
a. Centralized Categorical Reviews. Under certain circumstances, DP-32 may
determine that the declassification review of documents or material
dealing with specified categories of information must be conducted by
DP-32.
Section 48
b. Priority Reviews. When the Head of a Departmental Element or his or her
designated representative determines that an immediate declassification
review is required of a document that is beyond the local declassi
fication authority, he or she may request a priority review for
declassification by DP-32. DP-32 will conduct the review as rapidly as
possible and will return one copy of the document to the initiator of
the declassification request with an official notification of final
action. When the situation so warrants, a priority review should be
explicitly requested, with a brief explanation as to the need for
special handling. The purpose of the review and any special
instructions should be included in the request.
DOE 5650.2A
5-8-85
9. DEPARTMENTAL AND CONTRACTOR REVIEW RESPONSIRILITY.
VI-I5 (and VI-In)
r
a. Originating Departmental Element or Contractor Organization. That
Oepartmental Element or contractor organization which originated a
document must be consulted before declassification/downgrading of the
document.
b. Departmental Element or Contractor Organization With Programmatic
Interest in a Document. Regardless of who originated it, any document
containing information outside the programmatic jurisdiction of the
declassifier must be coordinated with the Departmental Element(s) or
contractor organization(s) having programmatic interest. In the case of
other agency or foreign government information, see paragraph d,
below. This coordination is particularly important when no single
organization has sole programmatic jurisdiction over the information in
a document.
c. Director of Classification. OP-32 is authorized to make the final
determination to declassify/downgrade documents originated by any
Departmental Element or contractor organization. This authority may be
delegated.
d. External Coordination. OP-32 shall conduct all interagency or inter
Government coordination required to declassify/downgrade documents in
the possession of DOE or its contractors. When np-32 receives a request
made pursuant to the FOIA, the Privacy Act, or the mandatory review
provisions of Executive Order 12356 for classified documents in its
custody that were classified by another agency, it shall refer copies of
the request and the requested documents to the originating agency for
processing, and may, only after consultation with the originating
agency, inform the requester of the referral. In cases in which the
originating agency determines in writing that a response subject to the
conditions specified on page VI-14, paragraph 7c of this part is
required, DP-32 shall respond to the requester in accordance with that
paragraph.
10. REPRODUCTION FOR DECLASSIFICATION REVIEW. Reproduction of documents for the
sole purpose of facilitating their review for declassification shall not
require the consent of the originator.
r
DOE 5650.2A
5-8-85
PART n - NOTIFICATION OF OECLASSIFICATION OR nOWNRRAOING
VI-I?
r
1. GENERAL. Part 0 pertains to RD, FRn and NSI. Those authorizing a change in
classification {declassification or downgrading} of documents will ensure
that all holders of the documents are notified as follows.
a. Top Secret Documents. The person authorizing the declassification or
downgrading of a Top Secret document shall notify OP-34, who shall
notify all custodians.
b. Secret and Confidential nocuments. The person authorizing the
declassification or downgrading of a Secret or Confidential document
shall ensure that all known holders of the document are notified.
Section 49
c. Documents Sent to the Office of Scientific and Technical Information.
The person authorizing the declassification or downgrading of a document
that has been sent to the Office of Scientific and Technical Information
shall provide a copy of the change of classification notice to the
Office of Scientific and Technical Information, p.O. Rox 02, Oak Ridge,
Tennessee 37831, through the Director of Classification, for inclusion
in the Office of Scientific and Technical Information data base.
d. Forwarding of ~otices. If the recipient of a declassification or down
grading notice has transmitted the document to another custodian, the
change notice should be forwarded to the new custodian.
2. DECLASSIFICATION NOTICE~.
a. Declassification Notices shall be prepared, reviewed, and signed by the
individual authorizing the declassification. It is the responsibility
of this individual to ensure that the notice accurately and uniquely
describes the document. In general, recipients of the notice {including
the Office of Scientific and Technical Information} will not be in a
position to verify its accuracy.
b. Internal declassification notification may be handled by each
Departmental Element and contractor organization according to its own
requirements. Internal declassification notices shall contain, as a
minimum, the following information:
{I} Full title of the document. If the document is untitled, a
description of the document sufficient to uniquely identify it
shall be provided.
{2} The identification number of the document (such as report number,
short title, document number), if any.
(3) The identity of the author, signer, or originator of the document.
VI-IB
DOE 5650.2A
5-8-85
(4) The document date.
(5) The number of pages in the document (from the documentation stamp
on those documents with such a marking; otherwise, this is not
required in the notice).
(6) The name of the Departmental Element or contractor organization
that originated or issued the document.
(7) The original classification of the document.
(B) The identity of the person authorizing the declassification (by
name, title, and organization).
(9) The effective date of the declassification action.
c. All declassification notices will also contain a statement worded
substantially as follows:
The custodian of the document described herein is
authorized to remove, cancel, or otherwise void the
classification markings from the document. Such
markings may be removed only when the correspondence
of this notice to the document has been verified by
two persons, who must ensure that the document con
cerned identically fits the description provided
herein. Otherwise, the markings may not be
removed. If there is any doubt regarding the
identity of the document to which this notice
applies, the recipient should contact the originator
of the notice for further information. The persons
who remove the markings and validate that action
shall mark the document as having been declassified,
identify this notice as their authority for doing
so, and sign and date the action on the document.
If a person who receives this notice has given the
document or copies thereof to others, this notice
should also be forwarded to such other custodians.
Section 50
d. Unless sanitization is specifically required or requested, reviewers
will not sanitize documents. Moreover, notification of sanitization to
other than the requester will not be issued. Each extract or deleted
version of a numbered classified document (i.e., those with report
numbers, document numbers, etc.) will be assigned a new, unique
number. If necessary, the new version can also be identified as being
an extract or deleted version of the original document. When an extract
or deleted version is declassified, the declassification notice will
specifically state that the document is an extract or deleted version,
as appropriate.
DOE 5650.2A
5-8-85
PART E - RE-MARKINr, OECLASSIFIEO OR nOWNGRAnEO DOCUMENTS
VI-19
I. GENERAL. Part E pertains to ROt FRO and NSl, except as noted in paragraph
3, below.
~. REMOVAL OR CANCELLATION OF CLASSIFICATION MARKINGS FROM DOCUMENTS.
a. Custodians of documents for which a written notification of declassi
fication is received from an authorized source will ensure that the
document concerned exactly corresponds to the description given in the
declassification notice before removing or cancelling the classification
markings. Custodians of formal reports may declassify them only on the
basis of formal declassification notices issued by the Office of
Scientific and Technical Information. However t custodians in the same
organization in which a declassification determination of a formal
report has been made may act upon notification from the appropriate
declassification authority in accordance with local procedures without
having to wait for formal notification from the Office of Scientific and
Technical Information. Custodians of documents other than formal
reports may declassify them only on the basis of a written declassifica
tion notice from an authorized source. At least two persons must verify
the applicability of the declassification notice to the document
concerned.
b. If there is any doubt regarding the identity of a document to be declas
sified t the document should not be declassified. If there is any doubt
regarding the identification of a document for which a declassification
notice has been received t the custodian shall contact the person author
izing the declassification for more specific identification or confirma
tion. If clarification is needed for declassification notices published
by the Office of Scientific and Technical Information for formal
reports t the custodian should contact OP-32 for identification of the
person authorizing declassification.
c. When the classification markings are removed or cancelled from a
document pursuant to a declassification notice or shall be marked to
show:
(I) The signature of the person removing the markings and the date of
the action;
(~) The signature of the person verifying the validity of the action
and the date of verification; and
(3) The authority for declassifying the document (e.g. t a memorandum,
an Office of Scientific and Technical Information notice, a
classification guide t or guide topic).
VI-20
DOE 5650.2A
5-8-85
Classification changed to ~4#-/"'itl<
(Insert appropriat~classification)
by authori ty of ~lIfJ(if /laC Ilia"~8'"
(Authority or ~ange 1n classification) (~ie
by 6, '(, r~
a e
Figure VI-l
Example of Document Declassification/Oowngrading Marking
3. AUTOMATIC DECLASSIFICATION. An NSI document marked with a date or event for
automatic declassification may be declassified by any custodian of the
document when that date or event has occurred. The declassification/
downgrading marking illustrated in Figure VI-l, above, is not required.
Section 51
DOE 5650.2A
5-8-85
CHAPTER VII
EDUCATION
VlI-1
~r,
r
1. ORJECTIVE. ~mployees of DOE, its contractors, and others who generate or
have access to classified information must have sufficient understanoing of
classification policies, principles, and procedures to discharge their
duties. The classification education program is intended to provide such an
understanding.
2. EnllCATI ON PROGRAMS.
a. Initial Classification Education. All new DOE and DOE contractor
employees must understano their classification responsibilities before
being given access to classified information. Therefore, in
preparation, they shall be given a classification orientation which
shall, as a minimum:
(1) Explain what classification and classified information are,
including the classification levels and the difference between RO,
FRO, and NSI.
(2) Explain the local classification organizational structure and the
channels through which new employees should refer classification
questions.
(3) Stress the individual's responsibility for assuring that documents
are reviewed for classification. In addition, employees who re
quire knowledge of classification guidance in their work shoulrl
have such guidance explained to them. This may he accomplished
either during the initial orientation or at some reasonable time
thereafter.
b. Continuing Education. All DOE and DOE contractor classification offices
shall conduct a continuing classification eoucation program to maintain
classification awareness and apprise employees of changes in classifica
tion policies and procedures.
c. Classifier/Declassifier Briefing. Before an individual becomes an Ori
ginal or Derivative Classifier or nerivative Declassifier, a local
classification representative shall explain in detail the classification
guidance pertaining to the classifier's subject area, ano the special
procedures which may apply. Periodic updates shall be given every 2
years or as changes in classification policy or procedures occur.
d. Special Briefings. Periodically, a classification representative shall
conduct special oral or written briefings. Such briefings may be
required, for example, because of the issuance of new guidance in a par
ticular subject area or because of a change in classification procedures,
VII-2
DOE 5650.2A
5-8-85
,.~
such as redefinition of the authority of a Secret Original Classifier. --
Such briefings might be conducted, for example, for all individuals in a
given Departmental Element or contractor organization who are involved
in the affected technical area or who have the redefined classification
authority. The need for such briefings may be identified by the local
classification office or by the potential attendees.
3. OTHER CLASSIFICATION EDUCATION METHODS. Classification Officers are
encouraged to provide continuity to their classification education program
by utilizing some or all of the following suggested methods:
a. Impress supervisors with the importance of observing classification
guidance and procedures, and urge them to do likewise for their
subordinates.
b. Encourage discussions of specific classification items and problems at
staff meetings.
c. Invite outside speakers in the classification field to address employees
on specific aspects of the classification and declassification programs.
d. Invite technical and scientific personnel to speak in areas in which
they have particular expertise and where classification determinations
may have an impact.
Section 52
e. Use internal publications, posters, and so forth, for classification
messages.
f. Share information concerning classification efforts with other nOE and
DOE contractor classification offices.
4. PRIVATE ORGANIZATIONS AND INDIVIDUALS. The statutory definition of RO is
not limited to data developed in government programs but includes all data
that meet the statutory definition of RD, including data generated in
private work.
a. DOE is responsible under the Atomic Energy Act for monitoring R&D
conducted by private organizations and individuals.
b. DP-32 is responsible for educating private organizations and individuals
insofar as classification concerns affect their activities. Such educa
tion will be carried out primarily by publication of relevant infor
mation in the "Federal Register."
c. Field classification personnel will assist in this portion of the educa
tion program by advising DP-32 of private R&D or other activity likely
to generate RO and where, consequently, there is a need for classifi
cation education.
DOE 5650.2A
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CHAPTER VIII
CLASSIFICATION APPRAISALS
VII 1-1
1. POLICY. The classification practices, procedures, and performance of nOE
and DOE contractor organizations shall he appraised to ascertain their
adequacy and effectiveness.
? OBJECTIVES.
a. To determine the effectiveness of classification personnel in imple
menting the classification program.
b. To determine whether classification practices and performance conform to
OOE policy.
c. To evaluate the effectiveness of locally developed methods of imple
menting nOE classification policy and regulations.
d. To evaluate the adequacy of the classification guidance and control
provided by nOE and nOE contractor organizations to those within their
supervision.
3. STANIlARIlS ANn PROCEnIlREC;.
a. Appraisal Guidance and Instructions. This chapter presents policy,
objectives, and general guidance regarding standards and procedures to
he used in conducting classification appraisals. netailed instructions
and specific guidance on the conduct of appraisals, including prepara
tion for appraisals, suggested formats for workpapers and reports, and
suggested methods for gathering and evaluating relevant information, are
contained in the classification appraisal procedural guide developed and
promulgated under the authority of OP-32.
h. Scope of Appraisals. The classification programs of the various
Oepartmental Elements and DOE contractor organizations differ in scope,
complexity and sensitivity. No single list of points to be covered in
an appraisal is, therefore, appropriate in all cases. The list of areas
helow is presented merely as a guideline; it should serve to introduce a
measure of uniformity into appraisal reports and to remind the apprais
ers of areas that may need attention. An appraisal should provide
answers to those of the following questions that are applicable:
(1) Management Awareness. How actively does management keep informed
of current nOE classification policy, especially as it applies to
information, projects, and materials under their purview?
(~) Management Support. What is the position of thp classification
function and the Classification Officer in the organization? Are
sufficient reSOIJrces availahle to the Classification Officer? If
the Classification Officer has a1ditional duties, do the
VIII-2 DOE 5650.2A
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Classification Officer and any assistants devote sufficient time to
classification matters?
Section 53
(3) 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.).
(4) Classification Guidance. How complete, effective, and timely is the
guidance developed for classified projects? (Appraisal of a prime
contractor organization should include review of the classification
guidance of both the prime and subcontractor organizations and the
resulting classification practices.) Have local classification guides
been prepared for all classified work being performed? Are they kept
current?
(5) Education Program. How active and effective is the education program
for indoctrination and instruction of all individuals in classifi
cation policies and procedures?
(6) Classification Board. If a board has been appointed, what is its
purpose, who ;s on it, what is the frequency of its meetings, and is
it effective?
(7) ClassifYint and Declassifying Officials. How current is the
appo;ntmen of Authorized Classifiers and Authorized Declassifiers?
Are their numbers, locations, and qualifications appropriate?
(8) Declassification. Is a declassification program needed? If there is
a program, is it being effectively administered?
(9) Appraisals. How thorough is the appraisal system in determining
compliance with approved guidance? Are subcontractor appraisals being
conducted?
(10) Other ClaSSifYing Organizations. Do any organizations other than DOE
(for example, DO ) have classification responsibilities regarding
sole or joint programs at the organization being appraised? If there
are inconsistencies between DOE classification guidance and other
guidance, have actions been taken to resolve them?
(11) Nonnuclear Programs. In field elements with jurisdiction over
nonnuclear programs, have procedures been implemented for periodic
review of these programs for possible need for classification? If so,
are these review procedures timely and comprehensive? Have the
personnel responsible for the review been properly trained and
designated with appropriate classification authority?
DOE 5650.2A
5-8-85
VIIl-3
c. Frequency of Appraisals. The scope and frequency of appraisals shall he
determined by the management of the appraising nepartmental Element
after consideration of the following factors:
(I)
(2)
(3)
(4)
Past Performance Experience and Appraisal Results. Problem areas
and key functions 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 every 3 years
unless particular circumstances indicate otherwise. Functions
having a minor classification interest may be appraised on as-year
or longer basis.
Management1s need for information.
Number of classified contracts administered by a Departmental
Element.
r
r
d. Visits.
(I) Classification performance should be evaluated on the basis of a
visit to the Departmental Element or contractor organization being
appraised. A classification appraisal based not on a visit but on
performance as revealed by matters raised by the organization
itself or incidentally exposed may neglect many factors. Various
units within the nepartmental F.lement or contractor organization
may be unaware that their classification practices are incorrect or
may be reluctant to call attention to th~m. Appraisals of a
nepartmental Element or contractor organization based on personal
visits should include an inspection of classification practices of
the various units and a classification review of both outgoing and
internal papers and recorrls. In cases where visits for classi
fication appraisals may be impractical (e.g., that of a contractor
who has responsibility for numerous small subcontractors),
appraisals may be made without visits, provided all other require
ments of this Order regarrling appraisals are met.
Section 54
(2) Written records should be kept of all information gathered during a
classification appraisal. These records form the basis for the
conclusions presented in the appraisal report and can serve to
clarify or substantiate these conclusions. A suggested format for
these written appraisal records is given in the classification
appraisal procedural guide.
e. Appraisal Reports.
(I) A written appraisal report is required. It should include
sufficient evaluation of the scope of the classification program
VII 1-4
DOE 5650.2A
5-8-85
listed on page VIII-I, paragraph 3, or equivalent treatment at the
discretion of the appraiser, to give a clear picture of
classification performance.
(2) A format for appraisal reports is given in the classification
appraisal procedural guide. Use of this format is recommended in
order to increase the comparability and uniformity of appraisals.
(3) The report should inform both the Departmental Element appraised
and the organization responsible for the appraisal of the adequacy
of the classification program, and list as recommendations any
problem areas and necessary corrective actions. If a substantial
number of recommendations appear in the report, they should be
summarized for ready reference.
(4) Generally, no final report should be made without first informing
the Head of the appraised Departmental Element of the appraisal
results and the probable content of the report.
(5) The appraisal report on a Departmental Element shall be submitted
to the Head of that Departmental Element, and copies forwarded to
the HO element with primary interest in its operations, DP-l, and,
if appropriate, to other Secretarial officers.
(6) The appraisal report on an area element or a contractor organiza
tion by the field element administering the contract shall be filed
in that field element, and a copy provided on request to DP-32.
(7) 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
Departmental Element administering the prime contract.
f. Foll owup.
(1) Where recommendations for action on minor deficiencies have been
submitted to responsible management, the adequacy of their
implementation shall normally be determined and reported in the
next appraisal. However, if measures are required to correct major
deficiencies, a followup, at least by correspondence, shall be
instituted by the appraising Departmental Element or contractor
organization in a timely manner.
(2) A schedule for implementation of any necessary corrective actions
should be prepared by the appraised Departmental Element or con
tractor organization and submitted to the appraising Departmental
Element or contractor organization, which should institute measures
to monitor the progress of implementation of corrective measures.
DOE 5650.2A
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CHAPTER IX
CLASSIFICATION VIOLATIONS
IX-l (and IX-?)
r
1. VIOLATIONS SUBJECT TO SANCTIONS. OOE and DOE contractor personnel shall be
subject to appropriate sanctions if they:
a. Knowingly. willfully. or negligently disclose to unauthorized persons
information properly classified under the Atomic Energy Act of 1954. as
amended. Executive Order 1235fi. or predecessor Executive Orders;
b. Knowingly. willfully. or negligently classify or continue the
classification of information. documents. or materials in violation of
Executive Order 12356. its implementing directives. this Order. or
approved classification guidance;
Section 55
c. Knowingly and willfully violate any other classification provlslons of
Executive Order 1235~. its implementing directives. or this Order; or
d. Knowingly and willfully violate any provision of the Atomic Energy Act
with regard to the classification or declassification of information
under the purview of that Act.
2. REPORTING VIOLATIONS. When such violations occur. Heads of Oepartmental
Elements shall promptly notify OP-32 and DP-34 through appropriate
channels. Violations under paragraphs 1(a) and l(b) above involving NSI
will be promptly reported to ISOO by OP-34.
3. CORRECTIVE ACTIONS. Sanctions for such violations may include reprimand.
suspension without pay. removal. termination of classification authority. or
other sanction in accordance with applicable law. Heads of Departmental
Elements wherein such violations occur shall ensure that appropriate and
prompt corrective action is taken (including action to prevent recurrence).
DOE 5650.2A
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CHAPTER X
REFERENCES AND OPERATING PROCEDURES
PART A - ATOMIC ENERGY ACT EXCERPTS
X-I
r
1. GENERAL. 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 ODE policy to control the dissemination and
declassification of RO in such a manner as to assure the common defense and
security. All information falling within the definition of RD is classified
at its inception by the Atomic Energy Act.
2. DECLASSIFICATION AND TRANSCLASSIFICATION are also provided for by the Act.
The five provisions of the Atomic Energy Act excerpted below deal with
declassification or transclassification (section 142, Atomic Energy Act):
"a• The [Secretary of Energyl shall from time to
time determine the data, within the definition
of Restricted nata, which can be published with
out undue risk to the common defense and secu
rity and shall thereupon cause such data to be
declassified and removed from the category of
Rest ri cted Data.
lib. The [Secretary of Energyl shall maintain a
continuous review of Restricted nata 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 infor
mation 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
nefense 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 declassification of
FRD.l
DOE 5650.2A
X-2 5-8-85
Section 56
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 the Depart
ment of Defense jointly determine can be ade
quately 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 trans
classification of RD to FRD.]
lie. The [Secretary of Energy] shall remove from the
Restricted Data category such information con
cerning the atomic energy programs of other
nations as the [Secretary of Energy] and the
Director of Central Intelligence jointly deter
mine 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 safe
guarded as defense information. 1I
DOE 5650.2A
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PART R - EXECUTIVE ORnER 12356 ANn DIRECTIVE NO.1
1. EXECUTIVE ORnER 12356:
X-1
r
Tuesday
April 6. 1982
Part IV
The President
Executive Order 12356....
National Security Information
X-4
ttl74
,...........
VoL fl. No..
TlIada" April .. UIZ
11. I-
The President
DOE 5650.21\
5-8-85
Presidential Documents
Executive Order U358 of April 2, 188Z
National Security Information
TABLE OF CONTENTS
{FR
Pagel
I'ruaIhIo -:-_-:-~~~"--..;....----".".." [14874J
Pan I. OdgJriQ} CltJRJ/ictltJon
1.1 aaaaUicallonLavela~~~~~~~~~~~~~~~~~[141174)t.2 a.••Ulcallon Authority • [14874)
1.8 a.aalBcallon Caleprle. [14875)
SA DlInUon of a.aalBcallon [tt87llJ
1.1 JdllDlIJlcallOD and MaridDp 114877)
1.ll UmItallODl on aa..IBcalloD 114877)
Pan I. DemothrJ CltJR/pctltJon
1.1 UN of Derlvallve ClaaaUicallOD [1487a)
U C1uelBcalloa Guill". [1487a)
Pan 3. OtN:J_lfictllJon and DoWfl8l'tldina
1.1 DecI...lBcalloa Authority [14ll78)
U 'l'raufmnlCl Wonaallon [14879J
U S>,,_Uc RavI.... for DeclauUlcallOD (14879)
... MandalDlJ RevIew for DocI...IDcallOD [1487!l)
Pan"~
U ee-.J RealrtcllODl aD"- 114880)
U SpecIal Acceaa Proarama 114881)
U "-br HlltartcaJ lleIOuchm ad F_Prealdeallal Appcrlnteea 114ll81)
Pan 6.~lJon and &viow
11.1 PDUcr DIret:tIon_-:-_~, (14881)
lI.Z WonulloD Security Ovenlabl omco ttt8ll1)
LlI Conenl ReaponalbWlIe. [148821
SA 8alIclI0DI 114882)
Pan A C4MnI/ ProvWOlU
1..1 DeflDllIODIu..:================== 114883)U CaIoraI _ [14883J
'I1If1 Order prelcribel a will'orm IJlItem for dallllying, dec1assllying, and
18fesuardina Datlonal security information. It recognizes that It II essential
that the pubUc be Informed concemlns the activities of Ita Government, but
that the Interesta of the United States and Ita citizens require that certain
lDlormation concemlns the national defense and foreign relations be protected
agBinst unauthorized disclosure. lDIormation may not be dasslfiedunder thla
Order unless Ita dladosure reasonably could be expected to cause damBBe to
the national security. .
NOW. by the authority veated In me as President by the Constitution and laws
of the United States of America. It la hereby ordered al follows:
Part 1
Oriainal C/auificotion
8ecIloD 1.1 C/auificotion lAve/s.
Section 57
(a) National lecurlty 1Df'0rmation (hereinafter Mdalillied information") shall
be classified at one of the fonowlng three levels:
(1) 1'op Secret" Ihall be appUed to lDf'ormatlon, the UDauthorized dlsdosure
of whlch reasonably could be llXJHtcted to cause exceptionally grave damase
to the national aecurity.
DOE 5650.2A
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Federal Resister I Vol. ",. No. 1I6 1Tuesday, April B, 1982 1 Presidential Documents 14875
X-5
(2) "Secret" shall be applied to Information, the unauthorized disclosure of
which reasonably could be expected to cause serious damage to the national
security.
(3) "Confidential" .ball be applied to information, the unauthorized disclosure
or which reasonably could be expected to cause damage to the national
aec:urfty.
(h) Except as otherwise provided by statute. no other terms shall be used to
Identity classified Information.
(c) Uthere Is reasonable doubt about the need to classify infonnallon.lIshall
be safeguarded as UIt were classified pending a determination by an original
classillcation authority, who shall make this determination within thirty (30)
days. If there Is reasonable doubt about the appropriate level of classification,
It shall be safeguarded at the higher level of classification pending s detennl.
nation by an orlglnal classification authority, who shall make this detennlna
tlon within t}Urty (30) daya.
Bee:. 1.3 C/os,i!iCtltJon Authority.
(a) Top secret. The authority to classify Information originally as Top Secret
may be exercised only by:
(1) the President;
(2) agency heads and officlale destsnated by the President in the Federal
ResIster: and
(3) omclala delegated this authority pureuant to Section 1.2(d).
(h) Secret. The authority to clasalty Information originally as Secret may be
exercised only. by:
(1) agency heads and officlala deslsriated by the President in the Federal
Reslster:
(2) officials with orlglnal Top Secret classillcation authority; and
(3) omclala delegated such authority pursuant to Section 1.2(d).
(c) Confidential. The authority to classify Information orlglnally as Confiden
tial may be exercised only by:
(1) agency heada and offlclaJa designated by the President in the Federal
RegIster;
(2) omclals with orlglnal Top Secret or Secret classification authority; and
(3) omclala delegated such authority pursuant to Section 1.2(d).
(d) De/esatJOD ofOriainal c/aJJSificoti0I! Authority.
(1) Delegations or original classification authority shall be limited to the
minimum required to administer this Order. Agency heads are responsible for
ensuring that destsnated subordinate officials have a demonstrable and con
t1nufns need to exercise this authority.
(2) OrIginal Top Secret classification authority may be delegated only by the
President; an agency head or official designated pursuant to Section 1.2(a)(2):
and the senior official designated under Section 5.3(a)(1), provided thst official
has been delegated original Top Secret classification authority by the agency
head.
(3) OrIginal Secret classification authority may be delegated only by the
President; an agency head or official designated pursuant to Sections 1.2(a)(2)
and 1.2(b)(1): an official with original Top Secret classification authority: and
the senior official destsnated under Section 5.3(a)(1), provided that official has
been delegated orlglnal Secret classification authority by the agency head.
(4) Original Confidential classification authority may be delesated only by the
President; an agency head or official dealgnated pursuant to Sections 1.2(a)(2).
1.2[b)(1) and 1.2(c)(1); an official with original Top Secret classification author-
X-6
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DOE 5650.2A
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FederII~.I VoL 47, No. 88 I Tuesday, Aprile. 1982 IPresldential Documenta
Ity; and th