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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.
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Section 1

1 r I ORDER I DOE 56502A I 5-8-85 ~J;~~ae.4'"~t).~ -0 ItP -.11- 11 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 l tJa11f!t14id(f ?J<fi. .:5if8f!,i2(}. /gijh?/-~ 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of Official Information which Requires Safeguarding in 'the Interest of the Security of the United States," of 9-24-51 (superseded by Executive Order 10501).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as amended, "Safeguarding Official Information in the Interests of the Defense of the United States," of 11-5-53 (superseded by Executi ve' Order 11652), whi ch establ i shed requi rements concerning classification of defense information.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 r DOE 5650.2A 5-8-85 TARLE OF CONTENTS CHAPTFR I - ABBREVIATIONS ANn OEFINITIONS i r , / 1. ? 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 ••••••.•.••••••••••••••••••••••••••••••••••••• I-I 1-2 1-2 1-2 1-? 1-2 1-2 1-? I-? 1-3 1-3 1-3 1-3 1-3 1-3 1-3 1-3 1-3 1-3 1-3 1-3 1-3 1-3 1-4 1-4 1-4 1-4 1-4 1-4 1-4 1-4 1-4 1-4 1-4 1-4 1-5 1-5 1-5 1-5 1-5 1-5 1-5 1-5 1-5 1-5 i i DOE 5650.2A 5-8-85 dd. ee. ff. gg. hh. i i • jj. kk. 11. mm. nne 00. pp. qq. rr. SSe tt. uu. vv. ww. XX. yy. zz. aaa. bbb. ccc. ddd. eee. fff. ggg. hhh. iii. jjj. kkk. 111- mmm. nnn. 000. ppp. qqq. rrr. SSS. ttt. uuu. vvv. www. XXX. yyy. llZ. 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

1-5 1-5 1-5 1-6 1-6 1-6 1-6 1-6 1-6 1-6 1-6 1-7 1-7 1-7 1-7 1-7 1-7 1-7 1-7 1-7 1-7 1-7 1-7 1-8 1-8 1-8 I-A 1-8 1-8 1-8 1-8 1-8 1-8 I-A 1-8 1-9 1-9 1-9 1-9 1-9 1-9 T-9 1-9 1-9 1-9 1-10 1-10 1-10 1-10 Responsible Reviewers ••••••••••••••••••••••••••••••••••••••••••••••• Field Element and Contractor Employees •••••••••••••••••••••••••••••• Heads of Field Elements ••••••••••••••••••••••••••••••••••••••••••••• Field Element and Contractor Classification Officers •••••••••••••••• r r DOE 5650.2A 5-8-85 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. ?. 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••••••••••••••••••••••••••••••••••••••. iii II-I II-I II-I 11-1 11-2 II-2 11-2 11-4 11-6 11-7 11-8 1I-9 11-9 11-11 11-11 1I-1? 11-13 11-13 11-13 1I-13 11-13 11-13 II-13 11-13 11-13 11-13 11-13 11-13 II 1-1 II 1-1 I II-I I II-2 111-2 111-3 tv DOE 5650.2A 5-8-85 CHAPTER IV - CLASSIFICATION CRITERIA AND LEVELS ~ ) PART 1. 2. 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•••••••••••••••••••••••••••••••••••••••••••••••••••• IV-1 IV-I IV-1 IV-I IV-2 IV-3 IV-3 IV-3 IV-3 IV-3 IV-3 IV-3 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 •••• ~ ••••••••••••••••••••••••••••••••••••••• V-I V-I V-I V-I V-I V-I V-I V-2 V-2 V-2 V-3 V-3 V-4 V-4 V-4 V-4 V-4 V-5 V-5 V-5 V-5 V-5 DOE 5650.2A 5-8-85 v V-I0 V-I0 V-7 V-7 V-7 V-7 V-7 V-7 V-7 V-7 V-7 V-7 V-R v-a V-8 V-8 v-a V-8 V-R V-8 v-a v-a V-9 V-9 V-q V-9 V-9 V-9 V-IO V-I0 V-IO V-IO V-I0 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. r V-l1 V-l1 V-l1 V-l1 V-12 V-12 V-12 V-12 V-13 V-13 V-13 V-13 V-13 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 •••••••••••••••••••••••••••••••• 1. 2. vi DOE 5650.2A 5-8-85 4. 5. PART 1. 2. 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 ••••••••••••••••••••••••••••••••••• V-14 V-14 V-I4 V-14 V-17 V-17 V-17 V-17 V-17 V-I7 V-I7 V-17 V-17 V-17 V-17 V-18 V-18 V-18 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 V-19 V-19 V-19 V-19 V-19 V-19 V-19 V-19 V-19 V-19 V-19 V-20 V-20 1. 2. 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 •••••••••••••••••••••••••••••••••••••••••••••••••••••••••• V-21 V-21 V-21 V-21 V-21 V-22 V-22 V-22 r r ,/ DOE 5650.2A 5-8-85 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 5-8-85 (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 5-8-85 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 5-8-85 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 5-8-85 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. r DOE 5650.2A 5-8-85 (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 11-4 5-8-85 (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 5-8-85 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 5-8-85

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 5-8-85 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 5-8-85 ~ 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. r DOE 5650.2A 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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. DOE 5650.2A 5-8-85 111-3 (~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 5-8-85 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 5-8-85

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 5-8-85 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 5-8-85 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 5-8-85 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

4 DOE 5650.2A 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 ( 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-3-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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 5-8-85 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.

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(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 5-8-85 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 lta71 DOE 5650.2A 5-8-85 FederII~.I VoL 47, No. 88 I Tuesday, Aprile. 1982 IPresldential Documenta Ity; and th

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