DOE O 5650.2B, Identification of Classified Information
Functional areas: Information Security, Subject Classification, UCNI
To specify responsibilities, authorities, policy, and procedures for the management of the Department of Energy (DOE) program to identify classified information, documents, or material. Cancels DOE O 5650.2A, dated 5-8-85.
Supersedes:
DOE O 5650.2A, Classification of Information Manual on Dec 31, 1991
Superseded By:
DOE M 475.1-1, Identifying Classified Information on May 08, 1998
Version history and related documents
Superseded by
A newer version replaces this document.
- DOE M 475.1-1Identifying Classified Information (May 08, 1998)
Supersedes
Earlier documents this one replaced.
- DOE O 5650.2AClassification of Information Manual (Dec 31, 1991)
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
1. PURPOSE. To specify responsibilities, authorities, policy, and procedures for
the management of the Department of Energy (DOE) program to identify classified
information, documents, or material.
i
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•u.s. Department of Energv
Washington, D.C.
SUB.IECT: IDENTIFICATION OF CLASSIFIED INFORMATION
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ORDER
DOE 5650.28
12-31-91
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2. CANCELLATION. DOE 5650.2A, CLASSIFICATION OF INFORMATION, of 5-8-85.
3. SCOPE. The provisions of this Order apply to all Departmental Elements and
contractors performing work for the Department as provided by law and/or
contract and as implemented by the appropriate contracting officer. The Naval
Nuclear Propulsion Program is exempt from the provisions of this Order.
4. REFERENCES.
a. Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq. (Atomic Energy
Act), which is the basis for procedures for the identification of classified
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, of 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-l to
direct and administer the DOE 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 Departments
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
Executive Order 11652), which established requirements concerning
classification of defense information.
DISTRIBUTION:
All Departmental Elements
INITIATED BY:
Office of Classification
2 DOE 5650.28
12-31-91
h. Executive Order 10964) "Amendment of Executive Order No. 10501
Entitled 'Safeguarding Official Information in the Interests of the J.
Defense of the United States)'11 of 9-20-61 (superseded by Executive ..
Order 11652), which amended classification requirements of Executive .
Order 10501.
i. Executive Order 11652) as amended) IIClassification and
Declassification of National Security Information and Materials)1I of
3-8-72 (superseded by Executive Order 12065), which provided new
requirements concerning classification of information.
j. Executive Order 12065, IINational Security Information,1I of 6-28-78
(superseded by Executive Order 12356), which provided new requirements
concerning classification of information.
k. Executive Order 12356, IINational Security Information)1I of 4-6-82, 3
CFR 166 (1983)) which is the basis for the classification of
information other than atomic energy information.
1. Information Security Oversight Office Directive No.1, IINational
Security Information)1I of 6-23-82) 32 CFR 2001 (1984), which
supplements Executive Order 12356.
m. Patent Secrecy Act of 1952) Public Law 82-593) which established
authority for imposing secrecy on patents of importance to the
national security.
Section 2
n. Presidential Order, "National Security Information," of 5-7-82, 3 CFR\
Page 257 (1983), in which the President grants original classification ~
authority to specified individuals.
o. DOE 1700.1, FREEDOM OF INFORMATION PROGRAM, of 11-19-79, which
establishes guidelines and procedures for the processing of requests
made to the DOE under the Freedom of Information Act.
p. DOE 1800.1A, PRIVACY ACT, of 8-31-84, which establishes gUidelines and
procedures for implementing the Privacy Act of 1974 in the DOE.
q. DOE 3750.1) WORK FORCE DISCIPLINE, of 3-23-83) which provides guidance
and procedures and states responsibilities for maintaining work force
discipline in the DOE.
r. DOE 4300.28, NON-DEPARTMENT OF ENERGY FUNDED WORK (WORK FOR OTHERS),
of 7-16-91) which establishes the policies) responsibilities, and
procedures for authorizing and administering non-DOE funded work
performed under DOE contracts.
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DOE 5650.2B
12 -31-91
o 3 (and 4)
s. DOE 5000.3A, OCCURRENCE REPORTING AND PROCESSING OF OPERATIONS INFORMATION,
of 5-30-90, which establishes a system for reporting of operations
information related to DOE-owned or -operated facilities and processing that
information to provide for appropriate corrective action.
t. DOE 5630.8A, SAFEGUARDING OF NAVAL NUCLEAR PROPULSION INFORMATION, of
7-31-90, which outlines disclosure policies and general safeguarding
requirements for such information and clarifies the requirements for
disposal of material containing Naval Nuclear Propulsion Information.
u. DOE 5631.5, VIOLATION OF LAWS, LOSSES, AND INCIDENTS OF SECURITY CONCERNS,
of 2-12-88, which sets forth DOE procedures to assure timely and effective
action relating to violations of criminal laws, losses, and incidents of
security concern to DOE.
v. DOE 5635.1A, CONTROL OF CLASSIFIED DOCUMENTS AND INFORMATION, of 2-12-88,
which provides uniform standards and operating procedures for safeguarding
and controlling classified documents and information.
w. DOE 5650.3, IDENTIFICATION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION,
of 2-29-88, which establishes policies and procedures for identifying
Unclassified Controlled Nuclear Information (UCNI) and for reviewing and
marking documents and material containing UCNI.
BY ORDER OF THE SECRETARY OF ENERGY:
JOHN J. NETTLES, JR.
Director of Administration
and Human Resource ~lanagell1ent
DOE 5650.2B
12 -31-91 • o
TABLE OF CONTENTS
CHAPTER I - ABBREVIATIONS, ACRONYMS, AND DEFINITIONS
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2.
Abbrevi at ions and Acronyms .
Definitions .
a. Appointing Official .
b. Authorized Classifier .
(l) Original Classifier .
(2) Deri vat i ve Cl assifi er .
c. Authorizing Official .
d. Classification .
(1) Original Classification .
(2 Derivative Classification ..
(a) Restricted Data or Formerly Restricted
Data .
(b) National Security Information .
e. Classification Appraisal .
f. Classification Authority .
(1) Original Classification Authority .
(2) Derivative Classification Authority .
g. Classification Boards .
h. Classification Category .
i. Classification Guidance System .
j. Classification Guide .
k. Classification Level .
1. Classification/Security Markings .
m. Classification Officer .
(1) Department of Energy Classification Officer .
(2) Contractor Classification Officer .
n. Classification Policy .
o. Classification Potential Categories .
(1) Category I .
(2) Category 1I .•...•.........................................
(3) Category III .
Section 3
p. Cl ass i fi ed Document .
q. Classified Information .
r. Confidential .
s. Confidential Source .
t. Contractor Classification Officer .
u. Contractor •....................................................
v• Dec1ass i f i cat ion ................•..............................
(1) Information .
(2) Documents or Material ..•..................................
w. Declassification Authority .
x. Declassification Event .
y. Declassified Document .
z. De ny in9 Of f i c; a1 .....•.........................................
aa. Departmental Element ....•......................................
(l) Headquarters El ement ." .•..................................
(2) Field Element ..............•..............................
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Department of Energy Classification Officer ................ .
Derivative Classification .................................. .
Derivative Classification Authority ........................ .
Derivative Classifier ...................................... .
Derivative Declassifier .................................... .
Document ............................................................................................. ..
Downgrading ................................................ .
Field Element .............................................. .
Foreign Government Information ............................. .
Formal Report .............................................. .
Formerly Restri cted Data ................................... .
Government Agency .......................................... .
Headquarters Classification Representative ................. .
Headquarters Element ....................................... .
Information ................................................ .
Information Security Oversight Office (ISOO) ............... .
Local Classification Guide ................................. .
Mand atory Rev i ew ........................................... .
Materi a 1 ................................................... .
National Security .......................................... .
National Security Information .............................. .
Naval Nuclear Propulsion Information (NNPI) ................ .
Need-to-Know ............................................... .
Non-DOE Funded Work ........................................ .
Official Information ....................................... .
Official Use Only .......................................... .
Original Classification .................................... .
Original Classification Authority .......................... .
Original Classifier ........................................ .
Policy Guide ............................................... .
Portion Marking ............................................ .
Program Classification Guide ............................... .
Reclassification ........................................... .
Remark i ng .................................................. .
Research and Development Activity Categories ............... .
Responsible Reviewers ...................................... .
Restri cted ................................................. .
Restricted Data ............................................ .
Sanitizing ................................................. .
Secret ..................................................... .
Sensitive Compartmented Information ........................ .
Source Document ............................................ .
Subcontractor .............................................. .
Systemat; c Revi ew .......................................... .
Systematic Review Guidelines ............................... .
System Manager ............................................. .
Technical Evaluation Panel ................................. .
Top Secret .......•..........................................
Section 4
DOE 5650.28
12-31-91
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f DOE 5650.2B
12-31-91 • o iii
Page
xxx. Transclassification..... .•..... 1-10
yyy. Unclassified •.... ........•...................... 1-10
zzz. Unclassified Controlled Nuclear Information.................... 1-10
aaaa. Upgradi ng ..•................................................... 1-10
bbbb. Visual Materials 1-10
CHAPTER II - RESPONSIBILITIES AND AUTHORITIES
PART A - HEADQUARTERS II-1
1. Secretary 11 1
2. Director of Security Affairs 11-1
3. Director of Intelligence II-I
4. Director of Classification 11-2
a. General Responsibilities and Authorities 11-2
b. Responsibilities and Authorities Derived from
Executive Order 12356 •...•...................................... 11-4
5. Heads of Headquarters Elements 11-5
6. Headquarters Classification Representatives 11-7
7. Department of Energy Employees .....•................. 11-7
PART C - QUALIFICATIONS AND APPOINTMENTS 11-13
1. Authorized Classifiers .........................•...................... 11-13
2. Authorized Declassifiers ...............•.............................. 11-13
3. Classification Officers (Field Element and Contractor) .. 11-13
a. Qualifications... ......•.......................................... 11-13
b. Appoi ntment ............•...•...................................... I I-13
4. Headquarters Class i fi cat ion Representat ives II -13
a. Qualifications. 11-13
b. Appointment........... .•............. 11-13
5. Responsible Reviewers 11-13
a. Qualifications 11-13
b. Appointment 11-13
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PART B - FIELD ELEMENTS AND CONTRACTOR ORGANIZATIONS .
1. He ads of Fie1d El ements •..............................................
2. Field Element and Contractor Classification Officers .
3. Responsible Reviewers _ 01 •••••••••••• 11 •••••••••
4. Field Element and Contractor Employees .
CHAPTER III - POLICY AND OBJECTIVES
1. Genera1 " ".. " .. "" .. """ ..
2. Restri cted Data and Formerly Restri cted Data ...•.....................
3. National Security Information ..•...........•.........................
4. Limitations on Classification of National Security Information .
5. Classification of Documents Received from Foreign
Governments or International Organizations ...•.....................
6. Challenges to Classification .......•.................................
II -9
II -9
II-ll
II-ll
II -12
II 1-1
II I-}
II I-I
I II-2
II 1-2
II 1-3
iv DOE 5650.2B
12-31-91
CHAPTER IV - CLASSIFICATION CRITERIA AND LEVELS
PART A - CRITERIA FOR CLASSIFICATION ............................. IV-I
1. Restricted Data and Formerly Restricted Data ................. IV-I
2. National Security Information ................................ IV-I
a. Criteria for Classification .............................. IV-I
b. Unofficial Publication or Inadvertent or
Unauthorized Disclosure ................................ IV-2
PART B - LEVEL OF CLASSIFICATION .......•......................... IV-3
1. Classification Levels ........................................ IV-3
a. Top Secret............................................... IV-3
b. Secret. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IV-3
c. Confidential ............................................. IV-3
Section 5
2. Use of the Term "Unclassified" ............................... IV-3
3. Mosaic Compilation ........................................... IV-3
CHAPTER V - CLASSIFICATION OF INFORMATION AND DOCUMENTS
PART A - CLASSIFICATION AUTHORITIES .............................. V-I
1. General ...................................................... V-I
2. Types of Classification Authority ............................ V-I
a. Original Classification Authority ........................ V-I
b. Derivative Classification Authority ...................... V-I
3 . Except; ons ................................................... V-I
a. Temporary Classification ................................. V-I
b. Freedom of Information Act or Privacy
Act Requests ........................................... V-I
4. Original Classification Authority ............................ V-2
a. Restricted Data and Formerly Restricted Data ............. V-2
b. National Security Information ............................ V-2
c. Qualifications ........................................... V-2
d. Designation.............................................. V-2
e. Cancellation ............................................. V-3
f. Recordkeeping Requirements ............................... V-3
g. Authority Definition..................................... V-3
(I) Information......................................... V-3
(2) Documents or Material ............................... V-4
(3) Reporting Requirements .............................. V-4
5. Derivative Classification Authority .......................... V-4
a. Applicability ............................................ V-4
b. Qualifications ........................................... V-4
c. Headquarters. . . . . . . . . . . . . .• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V -4
d. Field ......................................... " ...... "",, .. ,,""""""" V-4
e. Designation.............................................. V-5
f. Cancellation" .... ""." ....... " .. """" ..... ,,"",,.,,""""""""""" V-5
g. Recordkeeping Requirements ............................... V-6
h. Reporting Requirements ................................... V-6
i. Authority Definition ..................................... V-6
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• DOE 5650.2B
12-31-91 • o v
PART B - CLASSIFICATION GUIDANCE .
1. Types of Classification Guidance .
a. CG-C-2, "Classification Policy Guide" .
(I) Originator/Source of Authority .
(2) Purpose .
(3) Users .
b. "Guide to the Declassified Areas of Nuclear
Energy Research U
..
(I) Originator/Source of Authority .
(2) Purpose .....•.................................................
(3) Users ..
c. Program/Topical Classification Guides .
(I) Originator/Source of Authority .
(2) Purpose •....•.................................................
(3) Users ..
d. Classification Bulletins .
(I) Originator/Source of Authority .
(2) Purpose ..
(3) Users " ..
e. Local Classification Guides .
(I) Originator/Source of Authority .
(2) Purpose .
(3) Users .
2. Use of Program and Local Classification Guides .
a. General .
b. Classification Level/Category .
c. Duration of Classification .
d. Other Information .
3. Conversion of Declassification and Review Dates .
4. Requirement for Periodic Review of Classification Guides .
5. Classification Guide List Review .
6. Distribution of Local Guides to Director of Classification .
7. Index of Classification Guides .
8. Classification Guidance for Non-DOE-Funded Work .
9. Classifi~ation Guidance for Jointly Funded Work .
Section 6
10. Classification Guidance for DOE-Funded Work at
Non-DOE Facilities .
Page
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PART C - CLASSIFICATION/SECURITY MARKINGS V-13
1. General V-13
2. Classification Authority ~. V-l3
a. Restricted Data or Formerly Restricted Data V-13
b. National Security Information Only V-14
(I) Originally Classified V-14
(2) Derivatively Classified V-14
(3) More Than One Classification Source V-I4
b. Official Use Only .
5. Port i on Mark i ng .
6. Sanitized Documents and Extracts .
7. Mosaic Compilation .
3. Duration of Classification .
a. Restricted Data or Formerly Restricted Data .
b. National Security Information Only .
(1) Originally Classified .
(2) Derivatively Classified ...•..............................
4. Obsolete Markings .
a", Res tri cted '" '" .
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PART D - UPGRADING.................................................... V-I9
1. Authority to Upgrade the Classification of Information
and Documents I ••••
a. Information .
(1) Restricted Data and Formerly Restricted Data .
(2) National Security Information .
b. Documents or Materi a1 .
2. Procedures for Upgrading the Classification of Information
and Documents .
a. Notification of Upgrading .
(1) Information .
(2) Documents or Material .
(a) Content of Notices .
(b) Formal Reports .
(c) Forwarding of Notices .
b. Marking of Upgraded Documents .
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PART E - RECLASSIFICATION............................................. V-21
1. Authority to Reclassify Information and Documents V-21
a. Information................................................... V-2I
(1) Restricted Data and Formerly Restricted Data V-2I
(2) National Security Information V-21
b. Documents or Material V-21
2. Procedures for Reclassifying Information and Documents V-21
a. Notification of Reclassification V-2I
(1) Information. . . . .. .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V-2I
(2) Documents or Material V-21
(a) Content of Notices •...................... V-21
(b) Forwarding of Notices V-22
b. Marking of Reclassified Documents V-22
PART F - CLASSIFICATION STATUS OF RESEARCH AND DEVELOPMENT
ACTIVITIES ..............•...........................................
1. General .
2. Authorities for Designated Classification Status .
a. Defining Authority ., .
b. Designating Authority .
c. Delegation ., ., ., .,., .
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f' DOE 5650.28
12-31-91
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Procedural Requirements for Evaluating Classification
Potential and Designating Classification Status .
a. Evaluation Procedures .
b. Schedules .
c. HQ El ement Recordkeepi ng .
d. Field Coordination .
e. Local Classification Office Recordkeeping .
4. Appointments and Review Requirements .
a. Appoi ntments ....•..................................................
b. Guides <I <I .. <I <I • ...... "' "' <I ••
c. Reviews ..
d. Changes in Status ........•.........................................
5. Report i ng Requ i rements .
6. Local Cla~sification Office Review .
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PART G - CLASSIFICATION REVIEW OF NEWLY GENERATED DOCUMENTS ,. V-21
1. General V-27
2. Documents Originated by Departmental Elements or Departmental
Section 7
Contractor Personnel V-27
a. Documents That Concern Category I Activities V-27
b. Documents That Concern Category II or Category III Activities .. , V-27
c. Documents Intended For Widespread Distribution or Public Release V-28
d. Oral Presentations V-28
3. Documents Originated by Other than Departmental Elements
or Departmental Contractor Personnel V-28
a. Documents Written by Persons with Active Security Clearances V-28
b. Documents Written by Persons Who Have Had But No Longer
Have a Security Clearance V-28
c. Documents Originated by Persons Who Never Had a
Secur; ty Cl earance <I \I II. '" '" ., , <I •• <I \I V.. 28
4. Review of Documents (Patent Applications and Reports) Referred
Under Section 151 of the Atomic Energy Act V-28
5. Waiver of Review Requirements ....................................•..... V-29
CHAPTER VI - DECLASSIFICATION AND DOWNGRADING
PART A - AUTHORITY FOR DECLASSIFICATION AND DOWNGRADING VI-l
1. Information VI-l
a. Restricted Data and Formerly Restricted Data VI-l
b. National Security Information VI-l
2. Documents or Material VI-l
a. General e ". VI-!
b. Derivative Declassification Authority VI-l
(1) Qualifications VI-l
(2) Designation................................................... VI-l
(3) Cancellation ............................................•..... VI-2
(4) Recordkeeping Requirements VI-2
(5) Authority Definition.......................................... VI-2
viii DOE 5650.2B ')
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PART B - AUTOMATIC DECLASSIFICATION AND DOWNGRADING ................... .
Page J'
VI -5
1. Restricted Data and Formerly Restricted Data ...................... . VI-5
2. National Security Information ..................................... . VI-5
a. Documents Classified Pursuant to Executive Order 10290 ........ . VI -5
b. Documents Classified Pursuant to Executive Order 10501
(as amended by Execut he Order 10964) ...................... .. VI-5
(1) Groups 1 and 2 ........................................... . VI-5
(2) Group 3 ......................................................... . VI-5
( 3 ) G rou p 4 .............................................................. . VI-5
c. Documents Classified Pursuant to Executive Order 11652 ........ . VI-5
(I) Advanced Declassification Schedule ....................... . VI-5
(2) General Declassification Schedule ........................ . VI-5
(3) Documents Marked as Exempt from the General
Declassification Schedule .............................. . VI-5
d. Documents Classified Pursuant to Executive Order 12065 ........ . VI -5
e. Documents Classified Pursuant to Executive Order 12356 ........ . VI -6
PART C - REVIEW OF DOCUMENTS FOR DECLASSIFICATION OR DOWNGRADING ...... . VI-7
1. General ........................................................................................................ .. VI-7
2. Review by Derivative Declassifiers ................................ . VI -8
3. Review by Original Classifiers .................................... . VI -8
4. Large-Scale Reviews ............................................... . VI -8
5. Patent Application Review ......................................... . VI-IO
6. Reviews Pursuant to Executive Order or Statute .................... .
a. Executive Order 12356 ......................................... .
(I) Mandatory Review for Declassification .................... .
VI-I0
J VI -10
VI-IO
(a) Conditions for Request .............................. . VI-IO
(b) Invalid Requests .................................... . VI -11
(c) Valid Requests ...................................... . VI -11
(d) Appeals of Denials of Mandatory Declassification
Section 8
Review Requests ................................... . VI-12
(2) Systematic Review by the Archivist of the United States .. . VI-12
(a) Systematic Review Guidelines ........................ . VI-12
(b) Assistance to the Archivist ......................... . VI-12
(c) Internal Systematic Review Programs ................. . VI-12
b. Freedom of Information Act .................................... . VI -13
(I) Denial Authority ......................................... . VI-13
(2) Review ................................................................................................... .. VI-13
(3) Appeals of Denials of Requests Pursuant to FOIAs ......... . VI-13
(a) Authority ........................................... . VI-13
(b) Analytical Support .................................. . VI-13
(4) Foreign Government Information ........................... . VI-13
c. Privacy Act of 1974 ........................................... . VI-13
( 1 ) Re vi ew ................................................................................. It .............. .. VI-13
(2) Appeals of Denials of Requests Pursuant to the
Privacy Act ..................................................................................... .. VI-13
d. Confirmation of Existence of Requested Documents .............. . VI-14
1. Other Reviews by the Office of Classification ..................... . VI-14
a. Centralized Categorical Reviews ............................... . VI-14
b. Priority Reviews .............................................. .
c. Reviews Upon Termination of Employment ........................ .
VI-14 J VI-14
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8. Departmental and Contractor Review Responsibility .
a. Originating Departmental Element or Contractor Organization .
b. Departmental Element or Contractor Organization
with Programmatic Interest in a Document ..
c. Director of Classification .
d. External Coordi nat ion .
9. Reproduction for Declassification Review .
PART D - NOTIFICATION OF DECLASSIFICATION OR DOWNGRADING .
1. General .
a. Top Secret Documents .
b. Secret and Confidential Documents .
c. Documents Sent to the Office of Scientific and
Technical Information ...•.......................................
d. Forwardi ng of Not ices .
2. Declassification Notices .
PART E - RE-MARKING DECLASSIFIED OR DOWNGRADED DOCUMENTS .
1. General .
2. Removal or Cancellation of Classification Markings
from Documents .
3. Automatic Declassi fication .
VI-I4
VI-I4
VI-I4
VI-I4
VI-IS
VI-IS
VI-I?
VI-I?
VI -17
VI-I?
VI-I?
VI-I?
VI -17
VI-I9
VI-I9
VI-I9
VI-I9
~ CHAPTER VII - EDUCATION
1. Objective............................................................. VI I-I
2. Education Programs VII-I
a. Initial Classification Education VII-I
b. ContinUing Education.............................................. VII-I
c. Classifier or Declassifier Training and Certification VII-I
d. Special Briefings. VII-2
3. Other Classification Education Methods VII-2
4. Private Organizations and Individuals VII-2
CHAPTER VIII - CLASSIFICATION APPRAISALS
1. Policy .
2. Objectives .
3. Standards and Procedures .
a. Appraisal Guidance and Instructions .
b. Scope of Appraisals .
(1) Management Awareness .
(2) Management Support .
(3) Practices .
(4) Classification Guidance .
(5) Education Program .
(6) Classification Board .
(7) Classifying and Declassifying Officials .
(8) Declassification .
VIII-l
VIII-l
VIII-l
VIII-I
VII 1-1
VIII-l
VIII-l
VIII-2
VIII-2
VIII-2
VIII-2
VIII-2
VIII-2
Section 9
x DOE 5650.28
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(9) Apprai sal s .....•...•...•.................................. VI I 1-2
(10) Other Classifying Organizations ........................... VIII-2
(11) Non-nuclear Programs ...................................... VIII-2
c. Frequency of Appraisals ••...................................... VIII-2
d. Visits .............•............•.............................. VIII-3
e. Appraisal Reports ....•....•.................•.................. VIII-3
f . F 0 11 owu p ........................................................................................... V I I I -4
CHAPTER IX - VIOLATIONS AND INFRACTIONS
I. Violations .•............•.......................................... IX-I
a. Atomic Energy Act of 1954, as amended .......................... IX-l
b. Executive Order 12356 .......................................... IX-I
2. Infractions .................................................................................. "'........ IX-2
3. Report i n9 Requ i rements ............................................. I X -2
a. Incidents of Significant Security Concern...................... IX-2
b. Other Violations and Infractions of Security Concern ........ '" IX-2
4. Corrective Actions................................................. IX-2
CHAPTER X - REFERENCES AND OPERATING PROCEDURES
PART A - ATOMIC ENERGY ACT EXCERPTS .....•.............................
1. General .......................................................... .
2. Declassification and Transclassification ......................... .
PART B - EXECUTIVE ORDER 12356 AND DIRECTIVE NO.1 ................... .
1. Executive Order 12356 ............................................ .
2. 32 eFR Part 2001 (Directive No.1) ............................... .
PART e - SUMMARY OF SPECIFIC POWERS OF CLASSIFIERS AND DECLASSIFIERS ..
Figure X-I - Powers of Classification/Declassification Authorities ....
PART D - ORIGINAL CLASSIFICATION OF NATIONAL SECURITY INFORMATION .... .
1. Authori ty ........................................................ .
2. Procedures ............................................•...........
3. Report i ng Requ i rements ..•...........•.............................
figure X-2 - Original Classification of National Security
Information ............................................................................................................ ..
PART E - DERIVATIVE CLASSIFICATION DETERMINATIONS .................... .
1. Author; ty ....................................................................................... .
2. Procedures ....................................................... .
Figure X-3 - Derivative Classification of Document or Material ....... .
PART F - DURATION OF CLASSIFICATION CONVERSION TABLE ................. .
Figure X-4 - Duration of Classification Conversion Table ............. .
X-I
X-I
X-I
X-3
X-3
X-I5
X-23
X-23
X-25
X-25
X-25
X-27
X-28
X-29
X-29
X-29
X-32
X-33
X-33
,
...,
J
PART G - DETERMINATION OF THE CLASSIFICATION OF DOE RESEARCH
AND DEVELOPMENT ACTIVITIES X-35
1. Restricted Data/Formerly Restricted Data X-35
2. National Security Information......................................... X-36
3. Determination of Program Classification Status Category............... X-37
Figure X-5 - R&D Activity Classification Status
Step 1 - Restricted Data/Formerly Restricted Data X-38
Figure X-6 - R&D Activity Classification Status
Step 2 - National Security Information X-39
Figure X-7 - R&D Activity Classification Status
Section 10
Step 3 - Determination of Classification Status Category.... X-40
ATTACHMENT X-I - Request for Classification/Declassification
Authority....................................................... Attachment X-I
ATTACHMENT X-2 - Notification of Cancellation(s) of
Classification/Declassification Authority Attachment X-2
ATTACHMENT X-3 - Report of Original Classification
Determination................................................... Attachment X-3
I
j ~
j
.I
J -
f . C·P,""I ..
I
I
I
I
DOE 5650.28
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DOE 5650.2B • 0 I-I
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CHAPTER I
ABBREVIATIONS. ACRONYMS. AND DEFINITIONS
l. ABBREVIATIONS AND ACRONYMS.
a. ADC - Authorized Derivative Classifier.
b. C - Confidential.
c. CGS - Classification Guidance System.
d. 06 - Downgrade in 6 years.
e. 08 - Downgrade in 8 years.
f. 010 - Downgrade in 10 years.
g. DOD - Department of Defense.
h. DOE - Department of Energy.
i. DP-l Assistant Secretary for Defense Programs.
j. SA-l Director of Security Affairs.
0
k. SA-IO - Director of Safeguards and Security.
l. SA-20 - Director of Classification.
m. EO - Executive order.
n. FOIA - Freedom of Information Act.
o. FRD - Formerly Restricted Data.
p. GC-42 - Assistant General Counsel for Patents.
q. GDS - General Declassification Schedule.
r. HQ - Headquarters.
s. ISOO - Information Security Oversight Office.
t. NNPI - Naval Nuclear Propulsion Information.
u. NSI - National Security Information.
v. OADR - Originating Agency's Determination Required.
w. OUO - Official Use Only.
1-2·
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 - Unclcssified Controlled Nuclear Information.
ff. XGDS - Exempt from the General Declassification Schedule.
2. DEFINITIONS.
DOE 5650.2B
12-31-91
a. Appointing Official. A DOE Headquarters, Field Element, or contractor
official authorized by SA-20 to designate individuals as having various
classification and declassification authorities.
b. Authorized Classifier. A term used to identify either an Original
Classifier or a Derivative Classifier.
(1) Original Classifier. An individual authorized to classify National ~
Security Information (NSI) by an original determination based on
Executive Order 12356, where no specific guidance exists.
(2) Derivative Classifier (also referred to as Authorized Derivative
Classifier or ADC). An individual authorized to determine that
documents or material are (a) unclassified or (b) classified as
Restricted Data (RD), Formerly Restricted Data (FRO), or NSI in
accordance with existing guidance or source documents.
c. Authorizing Official. See "Denying Official," paragraph 2z, below.
d. Classification.
(1) 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.
(2) Derivative Classification.
(a) Restricted Data or Formerly Restricted Data. A determination in
accordance with approved classification guidance or source
documents that a document or material contains RD or FRO.
~
(b) National Security Information. A determination in accordance with
approved classification guidance, source documents, or
instructions from an Original Classifier that a document or
material contains NSI.
Section 11
DOE 5650.2B
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e. Classification Appraisal. A systematic evaluation performed to determine
how well a Headquarters, field, or contractor classification program
complies with the requirements of this Order.
f. Classification Authority.
(1) Original Classification Authority. Authority to originally classify
information as NSI.
(2) Derivative Classification Authority. Authority to derivatively
classify documents or material as RD, FRO, or NSI.
g. Classification Board. A committee appointed by Heads of Field Elements or
prime contractor organizations or Classification Officers to assist them in
discharging their classification and declassification responsibilities.
h. Classification Category. One of the three kinds of classified information
(i .e., RD, FRO, or NS 1) .
i. Classification Guidance System. An indexed, free text, automated search
system that contains DOE classification gUides.
j. Classification Guide. A document containing explicit classification
guidance for the use of Authorized Classifiers and Derivative Declassifiers
in making classification and declassification determinations.
k. Classification Level. One of the three terms which indicate the sensitivity
of classified information (i.e., Top Secret, Secret, Confidential).
1. Classification/Security Markings. Stamps or markings applied to classified
documents or material to indicate, among other things, the classification
category of information contained therein (i.e., RD, FRO, or NSI), the
classification level (i .e., Top Secret, Secret, or Confidential), and other
markings required in this Order and DOE 5635.IA.
m. Classification Officer.
(1) Department of Energy Classification Officer. One appointed by SA-20,
or by the Head of a Field Element with SA-20 approval, to administer
its classification program and oversee or monitor the classification
programs of contractor organizations under its jurisdiction.
1-4
(2)
DOE 5650.2B
12-31-91
Contractor Classification Officer. One appointed by the head of a ~ .
contractor organization, with Field Element and SA-20 approval, to .~
administer a contractor's classification program and oversee or monitor
the classification programs of subcontractor organizations under its
jurisdiction.
n. Classification Policy. DOE policy on classification, transclassification,
downgrading, and declassification of information under its purview.
o. Classification Potential Categories.
(1) Category I: An activity with virtually no potential for using or
generating classified information.
(2) Category II: An activity with the potential for using or generating
classified information.
(3) Category III: An activity with great potential for using or generating
classified information.
p. Classified Document. Any document containing classified information.
q. Classified Information. Certain information that the U.S. Government has
determined, pursuant to an Executive order, statute, or regulation, requires
protection against unauthorized disclosure for reasons of national security
(i.e., RD, FRO, and NSI).
r. Confidential. The lowest classification level applied to information whose
unauthorized disclosure could reasonably be expected to cause damage to the
national security.
s. 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 expectation,
expressed or implied, that the information or identity of the source, or
both, will be held in confidence.
Section 12
t. Contractor Classification Officer. See "Classification Officer,"
paragraph 2m(2), above.
u. Contractor. A person or entity that is a party to a contract with the DOE,
including subcontractors of any tier, consultants, agents, grantees, and
cooperative agreement participants.
v. Declassification.
(I) Information. A determination by appropriate authority in accordance
with approved classification policy that information is no longer
classified; or
(2) Documents or Material. A determination by appropriate authority in
accordance with approved classification guidance that a document or
material no longer contains classified information.
I
DOE 5650.28
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w. Declassification Authority. Authority to determine that (1) information or
(2) documents and material may be declassified and to effect such
declassification.
x. Declassification Event. An event that eliminates the need for continued
classification.
y. Declassified Document. A previously classified document that (1) has been
declassified in accordance with approved guidance and from which the
classification markings have been removed or cancelled or (2) is marked for
declassification at a specific time/event and that time/event has passed.
z. Denying Official. A DOE official authorized to make initial determinations
for DOE to deny, in whole or in part, requests for records under the FOIA as
defined in DOE 1700.1. For classified information, SA-I is the Denying
Official.
aa. Departmental Element. A Headquarters (HQ) Element or a Field Element.
(1) Headquarters Element. A DOE HQ organization headed by a Secretarial
Officer.
(2) Field Element. One of the Departmental elements located outside the
Metropolitan Washington area.
bb. Department of Energy Classification Officer. See "Classification Officer,"
paragraph 2m(I), above.
cc. Derivative Classification. See "Classification," paragraph 2d(2), above.
dd. Derivative Classification Authority. See Classification Authority,"
paragraph 2f(2), above.
ee. Derivative Classifier. See "Authorized Classifier," paragraph 2b(2), above.
ff. Derivative Declassifier. One authorized to downgrade and declassify
documents or material in specified areas.
gg. Document. Any record of information regardless of physical form or
characteristics, including, but not limited to, the following:
(1) All handwritten, printed, or typed matter;
(2) All painted, drawn, or engraved matter;
(3) All sound, magnetic, electromechanical, or optical recordings;
(4) All photographic prints, exposed or developed film, and still or motion
pictures;
(5) Automatic data processing input, memory, program, or output information
or records such as punch cards, tapes, memory drums or disks, or visual
displays; and
1-6
hh.
DOE 5650.28
12-31-91
(6) All reproductions of the foregoing by any process.
Downgrading. A determination by appropriate authority that (1) information
may be handled at a level lower than the original classification level or
(2) documents or material may be handled at a level and/or category lower
than the original classification level and/or category. In either case, the
revised classification level shall not be lower than Confidential.
J
ii. Field Element. See "Departmental Element," paragraph 2aa(2), above.
jj. Foreign Government Information.
(I) Information provided by a foreign government or governments, an
international organization of governments, or any element thereof with
the expectation, expressed or implied, that the information, the source
of the information, or both, are to be held in confidence; or
Section 13
(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, or any element thereof, requiring that the
information, the arrangement, or both, are to be held in confidence.
kk.
11.
Formal Report. A formal topical or progress report distributed in
accordance with specific categories of the Standard Distribution Lists
DOE/TIC-4500 for unclassified information and M-3679 for classified
information, and by other lists as designated by the Manager of the Office
of Scientific and Technical Information.
Formerly Restricted Data. Classified information jointly determined by SA-I
and the DOD to be related primarily to the military utilization of atomic
weapons, and removed by SA-I from the RD category pursuant to section 142d
of the Atomic Energy Act.
J
mm. Government Agency. Any executive department, commission, independent
establishment, or corporation, wholly or partly owned by the United States
of America, which is an instrumentality of the United States, or any board,
bureau, division, service, office, officer, authority, administration, or
other establishment in the executive branch of the Government.
nn. Headquarters Classification Representative. An individual appointed by his
or her element to serve as the point of contact with SA-20 on classification
policies and procedures, and to assist others in their element with
classification and declassification responsibilities and authorities.
00. Headquarters Element. See "Departmental Element," paragraph 2aa(I), above.
pp. Information. Facts, data, or knowledge itself, rather than the medium of
its conveyance. (Documents or material are deemed to conveyor contain
information and are not considered to be information per se.)
J
qq. Information Security Oversight Office (ISOO). An organization within the
General Services Administration responsible for implementing and monitoring
the information security program prescribed in Executive Order 12356. The
National Security Council provides overall policy direction for this
program.
rr. Local Classification Guide. A classification guide prepared and issued by
DOE or a DOE contractor organization and approved by the DOE for a specific
facility or activity. It is based on one or more program classification
guides and provides detailed classification guidance.
ss. 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.
tt. Material. Any substance regardless of its physical or chemical form (e.g.,
chemicals, raw materials, fabricated or processed items, machinery, or
equipment).
uu. National Security. The national defense and foreign relations of the United
States.
DOE 5650.28
12-31-91 • 1-7
o
vv. National Security Information. Information that has been determined
pursuant to Executive Order 12356 or any predecessor order to require
protection against unauthorized disclosure and that is so designated.
Section 14
ww. Naval Nuclear Propulsion Information (NNPI). Information, classified or
unclassified, concerning the design, arrangement, development, manufacture,
testing, operation, administration, training, maintenance, and repair of the
propulsion plants of naval nuclear-powered ships and prototypes, including
the associated nuclear support facilities. Information concerning
equipment, components, or technology which are applicable to both naval
nuclear and conventional propulsion plants is not considered to be NNPI when
used in reference to conventional applications only, provided no association
with naval nuclear propulsion can be directly identified from the
information in question. In cases where an association with naval nuclear
propulsion can be directly identified from the information in question,
designation of the information as NNPI is mandatory. More specific guidance
on what constitutes NNPI will be provided on a case-by-case basis by the
Deputy Assistant Secretary for Naval Reactors, or his delegate, upon request
by those Departmental Elements requiring it. Some unclassified NNPI is also
Unclassified Controlled Nuclear Information, as described in DOE 5630.8A.
xx. Need-to-Know. A determination by a person having responsibility for
classified information or material that a proposed recipient's access to
such classified information or matter is necessary in the performance of
official or contractual duties of employment.
yy. Non-DOE Funded Work. Any work performed for non-DOE entities that utilize
DOE facilities or contractor personnel and is not directly funded in whole
or in part by DOE.
1-8 DOE 5650.28
12-31-91
zz. Official Information. Any information, regardless of its physical form or J .. '
characteristics, that is owned by, produced by or for, or under the control
of the United States Government.
aaa. Official Use Only.
(1) A designation identifying certain unclassified but sensitive
information that may be exempt from public release under the FOrA; or
(2) A former (7-18-49 through 10-22-51) security classification marking.
bbb. Original Classification. See "Classification," paragraph 2d(1), above.
ccc. Original Classification Authority. See "Classification Authority,"
paragraph 2f(1), above.
ddd. Original Classifier. See "Authorized Classifier," paragraph 2b(1), above.
eee. Policy Guide. A guide by which SA-l approves basic DOE policy statements on
the classification and declassification of all DOE nuclear-related
information.
fff. Portion Marking. The application of NSI classification markings to
individual words, phrases, sentences, or paragraphs of a document to
indicate their specific classification.
ggg. 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.
hhh. Reclassification. Restoration of classification to information previously
classified as NSI and then declassified.
iii. Remarking. The removal, cancellation, or alteration; i.e., downgrading,
upgrading, or declassification, of classification markings on a document or
material.
jjj. Research and Development Activity Categories.
(1) Category I: An activity with virtually no potential for using or
generating classified information.
(2) Category II: An activity with the potential for using or generating
classified information.
(3) Category III: An activity with great potential for using or generating
classified information.
Section 15
kkk. Responsible Reviewers. Those apPointed to advise Field Element and
contractor Classification Officers and SA-20 on matters in their fields of
professional expertise.
DOE 5650.2B
12-31-91 • • 1-9
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111. 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 international organizations.
mmm. Restricted Data. All data concerning the following, but not including data
declassified or removed from the RD category pursuant to section 142 of the
Atomic Energy Act:
(1) Design, manufacture, or utilization of atomic weapons;
(2) Production of special nuclear material; or
(3) Use of special nuclear material in the production of energy.
nnn. Sanitizing. The physical removal of both classified and unclassified but
controlled information from a document, usually for the purpose of making
the document eligible for release to the public.
000. Secret. The classification level between Confidential and Top Secret
applied to information whose unauthorized disclosure could reasonably be
expected to cause serious damage to the national security.
ppp. Sensitive Compartmented Inform~tion. Classified information concerning or
derived from intelligence sources, methods, or analytical processes, which
is required to be handled within formal access control systems established
by the Director of Central Intelligence.
qqq. Source Document. A classified document, other than a classification guide,
from which information is extracted for inclusion in another document. The
classification of the information extracted is determined by the
classification markings shown in/on the source document.
rrr. Subcontractor. See "Contractor," paragraph 2u, above.
sss. Systematic Revie~. The classification review under Executive Order 12356 in
which the Archivist of the United States, acting under the Federal Records
Act, determines which National Security Information records and Presidential
papers are of sufficient historical value or other value to warrant
permanent retention.
ttt. 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.
uuu. ~ystem Manager. The DOE official responsible for a DOE system of
records, as designated 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.
1-10 DOE 5650.2B
12-31-91
vvv. Technical Evaluation Panel. A panel of technical experts appointed to
advise SA-Ion the technical aspects of information under the cognizance of ~ .
SA-20. ~
www. Top Secret. The highest classification level applied to information whose
unauthorized disclosure could reasonably be expected to cause exceptionally
grave damage to the national security.
xxx. Transclassification.
(I) Restricted Data to Formerly Restricted Data. The removal of
information from the RD category by jOint determination with the
Department of Defense and its placement in the FRD category in
accordance with section 142d of the Atomic Energy Act. This
information is primarily related to utilization of atomic weapons and
can be adequately safeguarded as defense information.
Section 16
(2) Restricted Data to National Security Information. The removal of
information from the RD category by joint determination with the
Director of Central Intelligence and its placement in the NSI category
in accordance with section 142e of the Atomic Energy Act. This
information can be adequately safeguarded as defense information.
yyy. Unclassified. The designation for information, a document, or material that
has been determined not to be classified or that has been declassified by
proper authority.
zzz. Unclassified Controlled Nuclear Information. Certain unclassified ~
Government information prohibited from unauthorized dissemination under ~
section 148 of the Atomic Energy Act and DOE 5650.3.
aaaa. Upgrading. Raising the classification level and/or category of
(I) information or (2) documents or material, including correction of
classification on such items erroneously issued as unclassified or at too
low a classification level or category.
bbbb. Visual Materials. Graphic devices such as photographs, motion pictures,
slides, artists' concepts, engineering drawings, plant layouts, plots,
plans, and maps.
J
•DOE 5650.2B
12-31-91
1. SECRETARY (S-I).
•
CHAPTER II
RESPONSIBILITIES AND AUTHORITIES
PART A - HEADQUARTERS
11-1
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. DIRECTOR OF SECURITY AFFAIRS (SA-I).
a. Oversees the implementation of the classification and declassification
provisions of the Atomic Energy Act and Executive Order 12356.
b. Approves basic DOE policy on the classification and declassification of RD,
FRO, and NSI; approves the "Classification Policy Guide for Nuclear
Programs II and other formal statements of DOE classification policy.
c. Declassifies and transclassifies RD and declassifies FRD in accordance with
~ sections 142a, c, d, and e of the Atomic Energy Act.
d. Reclassifies NSI previously declassified and disclosed, in accordance with
section 1.6(c) of Executive Order 12356.
e. Assures DOE implementation of the classification and declassification
provisions of the Atomic Energy Act and Executive Order 12356.
f. Determines which categories of information, in addition to those in
section 1.3(a) of Executive Order 12356, are related to the national
security and require protection against unauthorized disclosure.
g. Grants and revokes waivers of the requirement to portion mark documents
containing NSI only.
h. Grants and revokes waivers of the requirement to prepare classification
gUides in areas concerning NSI for specified classes of documents and
information.
i. Appoints members and consultants to the Technical Evaluation Panel (TEP).
3. DIRECTOR OF INTELLIGENCE (IN-I).
a. Serves as the Senior Intelligence Officer for DOE.
o
II -2 DOE 5650.28
12-31-91
b. Implements uniform procedures for administrative handling and accountability
of Sensitive Compartmented Information (SCI), including the classification .,..
review and marking of SCI documents and material. ~
4. DIRECTOR OF CLASSIFICATION (SA-20).
a. General Responsibilities and Authorities.
Section 17
(1) Develops (for the approval of SA-I) 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 SA-I 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
defi nit ion.
(6) Manages the development and issuance of DOE classification guidance.
(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.
(c) 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.
(e) Maintains an index of all DOE and DOE contractor classification
guides.
DOE 5650.2B
12-31-91 • o 11-3
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(7) Oversees international classification cooperation.
(a) Maintains liaison and serves as DOE contact with foreign
governments on matters concerning classification and
declassification of information.
(b) Develops classification and declassification standards as
required for international agreements for cooperation entered into
pursuant to the provisions of the Atomic Energy Act, and reviews
and evaluates foreign classification and declassification
policies, procedures, and actions established or taken pursuant to
such agreements to assure that they are consistent with the
requirements of the agreements.
(8) Manages programs for the classification and declassification review of
documents and material.
(a) Performs final reviews of all classified documents requested from
DOE under the provisions of a statute or Executive order;
determines their proper classification; if possible and required,
prepares sanitized versions of such documents; and is the DOE
Denying Official with regard to the denial of classified
information requested pursuant to a statute or Executive order.
(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 DOE-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, DOE contractors, and other
Government agencies.
(d) Reviews patent applications in potentially classified subject
areas.
(9)
(10)
(11)
(12)
(e) Reviews documents submitted by uncleared authors.
Conducts a continuous review of the classification and declassification
program to ensure compliance with the classification provisions of the
Atomic Energy Act, Executive Order 12356, and this Order.
Section 18
Develops classification and declassification education and training
programs, and administers such programs for HQ personnel and, as
required, Field Element personnel.
Advises and assists Heads of Departmental Elements with regard to
classification and declassification policies and procedures and changes
thereto.
Approves requests and specific procedures for large-scale
declassification or downgrading reviews.
11-4 DOE 5650.2B
12-31-91
(I3) Appraises the effectiveness of the classification functions of
Departmental Elements.
(14) Obtains service of Field Elements, contractor personnel, or private
consultants, when necessary, in the classification and declassification
program.
(15) Approves, after coordination with the appropriate Headquarters Element,
a procedure for discharging classification and declassification
responsibilities and authorities related to Headquarters-administered
contracts.
(I6) 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.
(17) Acts as DOE Headquarters Classification Officer.
(IS) Approves appointments of DOE and DOE contractor Classification
Officers.
(19) Performs other functions assigned by SA-I.
b. Responsibilities and Authorities Derived From Executive Order 12356.
(1) Serves 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 I.2(d)(2».
(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 SA-I with regard to the determination of
categories of information related to national security and requiring
protection against unauthorized disclosure pursuant to
section I.3(a)(IO) of Executive Order 12356; ensures that such
determinations are reported to the Information Security Oversight
Office (ISOO).
(5) Declassifies NSI on a Department-wide 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 SA-I with regard to actions and determinations made by the Director ~
of the ISOO affecting DOE.
DOE 5650.28
12-31-91 • • 11-5
(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 and maintains records of
all so designated.
(9) Notifies the Director of Safeguards and Security (SA-I0) of the
appointment of Top Secret Classifiers so that SA-I0 may assign
appropriate Top Secret authenticating symbols.
Section 19
(10) Monitors the requirements for and use of Original Classification
Authority in DOE organizations.
(11) Acts for the Secretary in designating Derivative Declassifiers and
maintains a record of all DOE and DOE contractor Derivative
Declassifiers.
(12) Issues) reviews, and updates guidelines for systematic declassification
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.
(14) 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.
(15) Serves as the central DOE authority for receiving all requests for
declassification review of information under the mandatory review
provisions of Executive Order 12356.
(16) Exercises, as necessary) the authority granted by section 1.6(d) of
Executive Order 12356 to classify or reclassify information after
receiving a request for it under the Freedom of Information Act, the
Privacy Act of 1974, or the mandatory review provisions of the
Executive order.
5. HEADS OF HEADQUARTERS ELEMENTS.
a. Establish internal procedures to assure compliance with this Order and any
other regulations or instructions issued by SA-20.
b. Appoint, if so requested by SA-20) an individual (HQ Classification
Representative) to be responsible for liaison with SA-20.
c. Request designations of classification authority as needed for HQ Elements
or contractors under their jurisdiction.
11-6 DOE 5650.2B
12-31-91
d. Assure participation by personnel with classification responsibility in the J.'
planning stages of new programs that have potential for involving or
generating classified information.
e. Inform SA-20 of all proposed projects or HQ-administered contracts that
could involve classified information so that SA-20 may assure that
appropriate and adequate classification guidance is available for such
projects or contracts.
f. Establish, with the approval of SA-20, 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 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 and material
prepared by DOE or DOE contractor personnel under their jurisdiction
concerning potentially classifled subject areas.
i. Assist SA-20 in preparing and revising program classification guides.
j. Obtain classification guidance from SA-20 for programs under their purview
that have a potential for involving or generating classified information;
assure that all employees in their HQ element or contractors under their J ...
jurisdiction receive adequate classification guidance for their work.
k. Assure that approved classification guidance is included with authorization
of new work initiated by their HQ element when such work is likely to
involve or generate classified information.
1. Provide SA-20 with information required to be maintained by SA-20 or
reported to the IS00 in accordance with Executive Order 12356 and its
implementing directives or as determined to be required by SA-20.
Section 20
m. Establish, when necessary, detailed procedures for large-scale
declassification or downgrading reviews and submit such procedures to SA-20
for approval.
n. Assist SA-20 in the classification education program for HQ Elements and
their contractors.
o. Assist SA-20 in the classification appraisal of HQ Elements and contractors
involved with classified information; be cognizant of the DOE Classification
Appraisal Procedural Guide; follow up on appraisal findings requiring
corrective action; take action on recommendations made in appraisals of the
classification programs under their supervision; ensure that contractor
organizations conduct classification appraisals of their organizations
involved with classified information.
J
DOE 5650.28
12-31-91
o • 11-7 (and 11-8)
p. Take appropriate and prompt corrective action whenever a classification
violation occurs within their organizations.
6. HEADQUARTERS CLASSIFICATION REPRESENTATIVES.
a. Serve as the lead Authorized Classifiers and document review coordinators
for their organizations.
b. Serve as the point-of-contact for their organizations with SA-20 concerning
classification policies and procedures.
c. Assist the Heads of HQ Elements in exercising their classification and
declassification responsibilities and authorities.
d. Respond to questions from individuals within their organizations concerning
classification policies and procedures and refer questions, as necessary, to
SA-20.
e. Maintain a current listing of Authorized Classifiers and Derivative
Declassifiers within their organizations.
7. DEPARTMENT OF ENERGY EMPLOYEES.
a. Refer questions concerning classification or declassification of
(1) information or (2) documents or material to Authorized Classifiers,
their classification office, or through channels to SA-20.
b. Obtain a determination from an Authorized Classifier on (1) information or
(2) documents or material whose classification is in question.
c. Refer suggestions, complaints, or challenges concerning the DOE
classification and declassification program to their classification office
or SA-20.
DOE 5650.2B
12-31-91 • • 11-9
PART B - FIELD ELEMENTS AND CONTRACTOR ORGANIZATIONS
~ 1. HEADS OF FIELD ELEMENTS.
a. Establish internal procedures to assure compliance with prOV1Slons of this
Order and other regulations or instructions issued by SA-20.
b. Designate, when needed and with the approval of SA-20, persons to serve as
DOE Classification Officers. Review contractor nominations for
Classification Officers and recommend SA-20 approval.
c. Request of SA-20, as needed for Field Elements or contractors, if
appropriate, under their jurisdiction, designations of classification
authority for and maintain a listing of:
(1) Original Classification Authority (all levels -- Government only);
(2) Top Secret Derivative Classification Authority; and
(3) Derivative Declassification Authority.
d. Assure designation of Secret and Confidential Derivative Classifiers, as
necessary, and ensure that a listing is maintained of such classifiers for
Field Elements or 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.
Section 21
f. Before commencement of Category II or Category III non-DOE-funded work,
conduct a review of the work request and certify that the sponsoring
organization has either provided the appropriate classification guidance or
has stated in writing that the non-DOE-funded work will not entail
classified activities.
g. Obtain classification guidance from SA-20 for programs under their purview
that concern potentially classified subject areas.
h. Assist SA-20 in preparing and revising program classification guides.
i. 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 SA-20 (see
page V-lO, Chapter V, Part B, paragraph 6.
(2) Where local approval authority has not been delegated, submit proposed
local classification guides and substantive changes in local
classification guides to SA-20 for approval prior to their issuance.
11-10 DOE 5650.2B
12-31-91
j. Assure that approved classification guidance is included with authorization
of new work initiated by Field Elements or contractors under their J ..
jurisdiction when such work is likely to concern classified subject areas,
and provide copies of such guidance to SA-20 at the time of initial
distribution.
k. Where delegated such authority by SA-20, assure that the denial authority
described on page 11-3, Chapter II, Part A, paragraph 4a(8)(a), is applied
according to the provision of all applicable DOE Orders and any specific
instructions in the delegation.
1. 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 presentations.
m. Assure that all documents and material prepared within their jurisdiction by
DOE or DOE contractor personnel concerning potentially classified subject
areas receive appropriate classification review.
n. Provide SA-20 with information required to be maintained by SA-20 or
reported to the ISOO in accordance with Executive Order 12356 and its
implementing directives, or as determined to be required by SA-20.
o. Establish, when necessary, detailed procedures for special large-scale
reviews of accumulations of classified documents in their Field Elements.
All such plans developed by Field Elements or contractors under their. .\.
jurisdiction shall be forwarded to SA-20 for approval. ~
p. Develop and conduct a classification appraisal program for their Field
Elements and contractors involved with classified information; be cognizant
of the DOE Classification Appraisal Procedural Guide; follow up on appraisal
findings requiring corrective action; take action on recommendations made in
appraisals of the classification programs under their supervision; ensure
that contractor organizations conduct classification appraisals of their
entities involved with classified information.
q. Take appropriate and prompt corrective action whenever a classification
violation occurs within their Field Elements.
r. Assure that an appropriate classification education program is conducted for
DOE and DOE contractor organizations under their jurisdiction.
Section 22
s. Appoint Classification Boards, as appropriate.
t. Assure that Heads of contractor organizations discharge, in relation to
their own organization, subcontractors, and suppliers, the responsibilities
and authorities specified in subparagraphs a through q, above, by including
appropriate provisions in their contracts. If these responsibilities entail
submission of information to SA-20, it should be made through the
appropriate Departmental element.
J
DOE 5650.2B
12-31-91
o •
2. FIELD ELEMENT AND 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 for classification and declassification programs.
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 appropriate, to their contractors or subcontractors.
d. Coordinate the preparation of local classification guides for fields of
operation or programs within their purview.
e. Assur~ 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.
f. Assure that all documents and material prepared by DOE or DOE contractor
personnel within their jurisdiction concerning potentially classified
subject areas receive appropriate classification review.
g. Provide technical advice, as requested, to SA-20.
h. Initiate classification and declassification reviews of documents originated
within their organizations.
i. Supervise special declassification activities or reviews.
j. Conduct classification appraisals of their contractor or subcontractor
organizations.
k. Conduct classification education programs for their organizations and assure
that such programs are conducted by their contractors and subcontractors.
1. Appoint Classification Boards, as appropriate.
m. Ensure that appropriate classification guidance or a written statement that
no classified information will be involved is provided to the cognizant DOE
Field Element prior to the commencement of Category II or Category III non
DOE-funded work in accordance with procedures established by the Field
Element Classification Officer.
n. Appoint Responsible Reviewers, as appropriate.
3. RESPONSIBLE REVIEWERS.
a. Advise Field Element and contractor Classification Officers and SA-20 with
regard to the technical aspects of information within their fields of
expertise.
11-12 DOE 5650.2B
12-31-91
b. Make recommendations to Field Element and contractor Classification Officers
and SA-20 regarding the declassification or continued classification of J.'
documents or material submitted for their review.
4. FIELD ELEMENT AND CONTRACTOR EMPLOYEES.
a. Refer questions concerning classification or declassification of
(1) information or (2) documents or material to Authorized Classifiers,
their classification office, or through channels to SA·20.
b. Obtain a determination from an Authorized Classifier on (1) information or
(2) documents or material whose classification is in question.
Section 23
c. Refer suggestions, complaints, or challenges concerning the DOE classi
fication and declassification program to their classification office or
through channels to SA-20.
J
DOE 5650.2B
12-31-91
o • 11-13 (and 11-14)
PART C - QUALIFICATIONS AND APPOINTMENTS
1. AUTHORIZED CLASSIFIERS. See Chapter V, Part A.
2. AUTHORIZED DECLASSIFIERS. See Chapter VI, Part A.
3. CLASSIFICATION OFFICERS (FIELD ELEMENT AND CONTRACTOR).
a. Qualifications. Classification Officers must have a scientific or technical
degree. This qualification requirement may be waived by SA-20 on a case-by
case basis for those having suitable experience. (Classification Officers
shall be designated as Authorized Classifiers.)
b. Appointment. Heads of Field Elements shall designate, when needed and with
the approval of SA-20, persons to serve as Classification Officers. Field
Element Classification Officers shall review contractor nominations for
Classification Officers and recommend SA-20 approval. SA-20 approval of DOE
and DOE contractor Classification Officers is contingent upon successful
completion of a training course specified by SA-20.
4. HEADQUARTERS CLASSIFICATION REPRESENTATIVES.
a. Qualifications. HQ Classification Representatives shall be Authorized
Classifiers. Exceptions may be granted by SA-20.
b. Appointment. HQ Classification Representatives will be designated by the
Heads of HQ Elements. Appointment is contingent upon successful completion
of a training course specified by SA-20.
5. RESPONSIBLE REVIEWERS.
a. Qualifications. Responsible Reviewers must be qualified experts who are
recognized authorities in their respective fields. They also must be
knowledgeable in DOE classification policies and procedures.
b. Appointment. Responsible Reviewers are appointed by Field Element
Classification Officers, with notification of appointments made to SA-20.
DOE 5650.2B
12-31-91
o
CHAPTER III
POLICY AND OBJECTIVES
• I II-I
c
1.
2.
3.
GENERAL. The objectives of the DOE classification program are (a) the
establishment of policies and procedures which ensure the proper classification
of information within the purview of DOE requiring protection in the interest of
the security of the United States and (b) the identification of those documents
and material 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.
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 (the
Secretary) has certain responsibilities with regard to the control of
information which falls under the purview of the Atomic Energy Act. In
accordance with the Atomic Energy Act, it is DOE policy to control the
dissemination and declassification of RD and FRO in such a manner as to
assure the common defense and security. Consistent with such policy, DOE
shall be guided by the following principles (section 141, Atomic Ener'gy
Act) :
"a. Until effective and enforceable international safeguards against
the use of atomic 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
Section 24
"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 DOE's responsibility, through SA-20, 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.)
NATIONAL SECURITY INFORMATION.
a. Pursuant to Executive Order 12356 (see Chapter X, Part B, paragraph 1) and
the Presidential Order of 5-7-82, "National Security Information" (see
Chapter X, Part B, paragraph 2), the Secretary has certain responsibilities
with regard to the control of information that falls under the purview of
DOE and that may be classified as NSI. It is DOE policy:
111-2
(1)
DOE 5650.2B
12-31-91
To classify as NSI information concerning the national defense and
foreign relations of the United States that, 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 material.
(3) That, whenever possible, all classification determinations will be made
in accordance with published classification guides.
b. SA-IO and SA-20 will 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,
inefficiency, 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.
5. CLASSIFICATION OF DOCUMENTS RECEIVED FROM FOREIGN GOVERNMENTS OR INTERNATIONAL
ORGANIZATIONS.
a. Classified documents originated by a foreign government or international
organization shall retain their original classification level marking or be
assigned an appropriate U.S. classification level marking. In either case,
the marking must identify a degree of protection equivalent to that required
by the government or organization that originated the documents. Any such
classified. documents shall not be declassified or downgraded without the
prior consent of the foreign government or international organization that
originated them.
b. If the foreign classificltion is in English, no additional U.S. classi
fication marking is required. If the classification level marking is in a
foreign language, an equivalent U.S. classification level marking will be
added. Refer to DOE 5635.IA, CONTROL OF CLASSIFIED DOCUMENTS, for a list of
foreign classification markings, detailed marking instructions, and
instructions for safeguarding "Restricted" documents. 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 SA-20.
J
J
J
DOE 5650.28
12-31-91
o • 111-3 (and 111-4)
Section 25
CHALLENGES TO CLASSIFICATION. Those involved with classified information are
encouraged to challenge the classification of information, a document, or
material when there is reason to believe that it is classified unnecessarily,
improperly, or for an inappropriate period of time. Those who wish to make such
a challenge should, under normal circumstances, request that those responsible
for such classifications reexamine their determinations. If satisfactory
resolutions are not reached, or if the challengers do not wish to challenge the
classifiers directly, they may take the matter to a higher authority for
resolution.
DOE 5650.28
12-31-91
o • IV-l
' ..~
c
CHAPTER IV
CLASSIFICATION CRITERIA AND LEVELS
PART A - CRITERIA FOR CLASSIFICATION
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 because 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
beforf 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
facilities;
(h) Cryptology;
(i) A confidential source; or
(j) Other categories of information related to the national security
that require protection against unauthorized disclosure, as
determined by the President, the Secretary, or SA-I. Any
determination made under this subsection shall be reported
promptly to the Director of ISOO by SA-20.
(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 foreign source,
or intelligence sources or methods is presumed by Executive Order 12356
to cause damage to the national security.)
IV-2 DOE 5650.2B
12-31-91
b. Unofficial Publication or Inadvertent or Unauthorized Disclosure.
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.
J
J
DOE 5650.2B
12-31-91
o • IV-3 (and IV-4) ,
2.
G 3.
PART B - LEVEL OF CLASSIFICATION
CLASSIFICATION LEVELS. The designations used to specify levels of protection
for RD, FRO, and NSI are as follows, in descending order of sensitivity:
a. Top Secret shall be used only for information whose unauthorized disclosure
could reasonably be expected to cause exceptionally grave damage to the
national security.
b. Secret shall be used only for information whose unauthorized disclosure
could reasonably be expected to cause serious damage to the national
security.
Section 26
c. Confidential shall be used only for information whose unauthorized
disclosure could reasonably be expected to cause damage to the national
security.
USE OF THE TERM "UNCLASSIFIED". Only the three foregoing designations can be
used to identify a 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 material normally need not be marked "unclassified"
unless such a marking would serve a useful purpose. Note: Certain unclassified
documents may require additional markings; for example, Unclassified Controlled
Nuclear Information (UCNI).
MOSAIC COMPILATION. 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 that, at a minimum, shall be maintained with the file or
referenced on the record copy of the document or material containing such
information.
DOE 5650.2B
12-31-91 • • V-I
CHAPTER V
CLASSIFICATION OF INFORMATION AND DOCUMENTS
PART A - CLASSIFICATION AUTHORITIES
1. GENERAL. Classification authority is granted to a specific individual while in
a specific position. Classification authority is not automatically transferred
with an individual when he or she transfers to a different position. Similarly,
an individual who assumes a position previously held by an authorized classifier
or who acts in that position does not automatically assume that classification
authority.
2. TYPES OF CLASSIFICATION AUTHORITY. There are two basic types of classification
authority:
a. Original Classification Authority. Original Classification Authority
applies to information independent of its medium or form. Original
classification applies only to NSI because RD and FRD are "born classified"
under the Atomic Energy Act. Original Classification Authority allows an
authorized individual to make the initial determination that information is
classified. An original classification decision shall not be made when
classification guidance exists. An individual with Original Classification
Authority may also classify documents and material on a derivative basis.
See Chapter VI for additional information.
b. Derivative Classification Authority. Derivative Classification Authority
applies to documents or 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 material does or does
not contain or reveal information that is substantively the same as
information already classified. Derivative classification is based on
explicit instructions contained in formal classification guides, implicit
guidance (example) found in source documents, or on instructions from an
Original Classifier that a document contains NSI. Derivative classification
applies to documents or material containing or revealing RD, FRD, or NSI.
Derivative Classification Authority does not include the authority to
declassify or downgrade documents or material. See Chapter VI for
additional information.
3. EXCEPTIONS.
Section 27
a. Temporary Classification. Any individual may temporarily mark and protect a
questionable document or material as RD, FRD, or NSI; however, the document
or material must be promptly referred to an appropriate classification
authority for final determination.
b. Freedom of Information Act or Privacy Act Requests. Only SA-20 or higher
authority may classify NSI-only documents or material being requested under
the FOIA or Privacy Act.
V-2 DOE 5650.2B
12-31-91
4. ORIGINAL CLASSIFICATION AUTHORITY.
a. Restricted Data and Formerly Restricted Data. No individual has Original
Classification Authority for RD or FRO; both categories of information are
originally classified by the Atomic Energy Act. SA-20, however, must
determine the classification level (T5, S, Or' C) of RD dud FRO Lu illlJicdLe
the degree of protection to be afforded the information. All RD and FRD
material is classified indefinitely.
b. National Security Information. An Authorized Original Classifier may make
an original determination that, pursuant to Executive Order 12356, certain
previously unclassified information requires protection against unauthorized
disclosure in the interest of national security. In addition to determining
the classification category (NSI), the classifier must determine the
classification level (T5, 5, or C) to indicate the degree of protection
required and the duration of the classification.
c. Qualifications. An Original Classifier must (1) be a Federal employee;
(2) have demonstrated competence in the subject area in which the authority
will be used; (3) be knowledgeable in DOE classification policy and
procedures (especially with all classification guides in the subject area in
which the authority will be used); (4) be in a position with a proven or
anticipated need for Original Classification Authority; (5) have
successfully completed a training program and examination given by the local
classification office; and (6) be so designated in writing by SA-20 as
described below.
d. Designation.
(1) Requests for Original Classification Authority must be submitted to
SA-20 in the format of Attachment X-I or in any other format that
contains the same information.
(2) Individuals for whom Original Classification Authority is requested
must successfully complete a training program and examination given by
the local classification office and receive official notification of
approval by SA-20 prior to assuming classification authority.
(3) When an individual assumes a position for which Original Classification
Authority has previously been granted, a request for classification
authority must be submitted to SA-20 for approval in the format of
Attachment X-I or in any other format that contains the same
information. The individual may not assume Original Classification
Authority until he or she has completed the requirements set forth in
paragraph (2) above, except that the appointing official may waive
those requirements if the individual has (a) met the requirements
within the last 3 years and (b) is transferring to a similar
programmatic position.
(4) Original Classification Authority may not be redelegated.
J
DOE 5650.28
12-31-91 . • • V-3
(5) Original Classification Authority is granted for a period of 3 years at
which time the individual must be recertified by passing an
examination. SA-20 may grant a waiver for Classification Officers.
Section 28
(6) Past frequency of use of Original Classification Authority is a factor
in determining whether renewal of such authority is needed by an
individual. Such use includes the review of information to determine
whether it is or is not classified.
e. Cancellation.
(1) If the Head of a Departmental Element determines that an individual's
position no longer requires Original Classification Authority, the
Element Head will promptly inform SA-20 using the format of
Attachment X-2 or any other format that contains the same information.
(2) When an individual with Original Classification Authority vacates a
position, the Head of the individual's Departmental Element shall
promptly inform SA-20 using the format of Attachment X-2 or any other
format that contains the same information.
(3) If SA-20 determines that an individual no longer requires Original
Classification Authority, SA-20 shall advise the Head of the
individual's Departmental Element of such determination, of the
reason(s) therefor, and of the date on which the authority will end.
f. Recordkeeping Requirements. SA-20 shall maintain a list of all individuals
with Original Classification Authority. 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, and
(4) the effective date and expiration date of the designation. In addition,
each Departmental Element shall maintain a similar list of all individuals
with Original Classification Authority within their jurisdiction.
g. Authority Definition. (See also Chapter X, Part C.) An individual with
Original Classification Authority may:
(1) Information.
(a) Originally classify NSI within the classifier's programmatic
jurisdiction at any classification level up to and including the
level (TS, S, C) of the classifier's authority whenever
classification gUidance or relevant source documents are not
available. Such determinations must be consistent with
established DOE classification policy. Original Classification
Authority does not apply to RD or FRO. See Chapter X, Part D, for
a detailed analysis regarding making an original classification
determination.
(b) Originally declassify or downgrade NSI from any classification
level up to and including the level (TS, $, C) of the classifier's
authority over which the classifier has sole programmatic
V-4 DOE 5650.2B
12-31-91
jurisdiction and which the classifier, his or her predecessors, or .~ -
their subordinates originally classified, so long as such action ~
is consistent with DOE classification policy and guidance.
Original declassification or downgrading authority does not apply
to RD or FRO.
(2) Documents or Material.
(a) Derivatively classify documents or material within his or her
programmatic jurisdiction and which contain RD, FRO, and/or NSI at
any classification level up to and including the level (TS, S, C)
of the classifier's authority. Such determinations shall be based
on classification guides authorized for the classifier's use, on
source documents, or on instruction from an Original Classifier.
(b) Derivatively declassify or downgrade documents or material (except
formal reports) which the classifier, his or her predecessors, or
their subordinates originally or derivatively classified from any
classification level up to and including the level (TS, S, C) 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).
Section 29
(3) Reporting Requirements. An Original Classifier shall report all .J
original classification determinations to SA-20 as soon as possible
using the format of Attachment X-3 or any other format containing the
same information. The originator of this report will review it for
classification; if the report is not classified, it will be marked
"Official Use Only."
5. DERIVATIVE CLASSIFICATION AUTHORITY.
a. Applicability. Individuals with Derivative Classification Authority may
classify documents or material that contain or reveal RD, FRO, or NSI in
accordance with classification guides authorized for the classifier's use,
source documents, or instructions from an Original Classifier.
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); (3) be in a position with a proven or anticipated need for Derivative
Classification Authority; (4) have successfully completed a training program
and examination given by the local classification office; and (5) be so
designated in writing by appropriate authority as described below.
c. Headquarters. SA-20 appoints all Derivative Classifiers within HQ Elements,
including contractors under the direct purview of a HQ Element.
J
DOE 5650.28
12-31-91
o • V-5
d. Field. Each Field Office will establish a system to appoint Derivative
Classifiers in the Field Elements and contractor organizations under its
purview.
e. Designation.
(1) Requests for Derivative Classification Authority must be submitted to
an appointing official in the format of Attachment X-lor in any other
format containing the same information.
(2) Individuals for whom Derivative Classification Authority is requested
must successfully complete a training program and examination given by
the local classification office and receive official notification of
approval from an appointing official prior to assuming classification
iuthority.
(3) When an individual assumes a position for which Derivative Classi
fication Authority has previously been granted, a request for
classification/declassification authority must be submitted to the
appointing official in the format of Attachment X-lor in any other
format containing the same information. The individual may not assume
Derivative Classification Authority until he or she has completed the
requirements given in paragraph (2) above, except that the appointing
official may waive those requirements if the individual has (a) met the
requirements within the last 3 years and (b) is transferring to a
similar programmatic position.
(4) Derivative Classification Authority may not be redelegated.
(5) Derivative Classification Authority is granted for a period of 3 years
at which time the individual must be recertified by passing an
examination.
(6) Past frequency of use of Derivative Classification Authority is a
factor in determining whether renewal of such authority is needed by an
individual. Such use includes the review of documents or material to
determine whether they are or are not classified.
f. Cancellation.
(1) If the Head of a Departmental Element or contractor organization
determines that an individual's position no longer requires Derivative
Classification Authority, the Head of the Departmental Element or
contractor organization will promptly inform the appointing official
(e.g., SA-20 for HQ) using the format of Attachment X-2 or any other
format that contains the same information.
Section 30
(2) When an individual with Derivative Classification Authority vacates a
position, the Head of the Departmental Element or contractor
organization will promptly inform the appointing official using the
format of Attachment X-2 or any other format containing the same
information.
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V-6 DOE 5650.2B
12-31-91
(3) If the appointing official determines that an individual no longer
requires Derivative Classification Authority, the appointing official
shall advise the Head of the individual's Departmental Element or
contractor organization of such determination, of the reason{s)
therefor, and of the date on which the authority will end.
g. Recordkeeping Requirements. Each appointing official shall maintain a list
of all individuals 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 and expiration date of the designation.
h. Reporting Requirements. Each Field Office shall report annually as part of
the annual statistical report for the ISOO the total number of Derivative
Classification Authorities, at each level, appointed in Field Elements and
contractor organizations under its purview.
i. Authority Definition. (See also Chapter X, Part C). An individual with
Derivative Classification Authority may derivatively classify documents or
material within his or her programmatic jurisdiction and which contain RD,
FRO, and/or NSI as defined in their letters of appointment at any
classification level up to and including the level (TS, S, C) of the
classifier's authority. Such determinations shall be based on
classification guides authorized for the classifier's use, on classified
source documents, or on instructions from an Original Classifier. See
Chapter X, Part E, for a detailed analysis on making derivative ~
classification determinations. Derivative Classifiers do not have ~
declassification or downgrading authority.
J
DOE 5650.2B
12-31-91 • • V-7
c
PART B - CLASSIFICATION GUIDANCE
TYPES OF CLASSIFICATION GUIDANCE. A hierarchy of documents provides classi
fication guidance within DOE. These documents range from the "Classification
Policy Guide for Nuclear Programs," approved by SA-I, to local classification
guides written by DOE Field Elements and contractor organizations.
a. CG-C-2, "Classification Policy Guide."
(1) Originator/Source of Authority. This document is prepared by SA-20 and
approved by SA-I.
(2) Purpose. This guide establishes basic DOE policy for the
classification and declassification of DOE atomic energy information.
It identifies those subject areas that remain classified under the
Atomic Energy Act and those that have been declassified pursuant to
section 142 of that Act; it identifies those subject areas related to
DOE nuclear programs that are classified as NSI pursuant to Executive
Order 12356; and finally, it provides the principle of declassification
poli cy.
(3) Users. SA-20 uses this document as a basis for approving program and
local classification guides, for preparing program guides, or for
determining that information is unclassified. This document is not to
be used by others for classification/declassification determinations
except as expressly delegated by SA-20.
b. "Guide to the Declassified Areas of Nuclear Energy Research."
Section 31
(1) Originator/Source of Authority. This guide is developed and issued by
SA-20.
(2) Purpose. This guide identifies nuclear-related subject areas under the
purview of DOE that fall within the definition of RD but have been
removed from the category pursuant to section I42a of the Atomic Energy
Act. It elaborates on the "Classification Policy Guide for Nuclear
Programs. If
(3) Users. Any originator of a document may use this guide to verify that
the information in question has been declassified. Detailed
instructions as to the scope, use, and limitations of this guide are
found in the gUide itself.
c. Program/Topical Classification Guides.
(1) Originator/Source of Authority. These guides implement the
"Classification Policy Guide for Nuclear Programs" and other formal
statements of DOE policy. Program/topical guides are prepared and
approved by SA-20 (together with appropriate officials in other
Government agencies if the guide is a joint guide). (CG-W-5, "Joint
DOE/DOD Nuclear Weapon Classification Policy Guide," is a program
guide.) All program/topical classification guides shall be issued with
the name of the approving official and the date of approval.
v-a
(2)
DOE 5650.2B
12-31-91
Purpose. These guides identify specific elements of information under J'
the purview of DOE that are classified or unclassified. Such guides
also designate the proper classification level of the specific
classified information identified with them and, for NSI, the duration
of its classification.
(3) Users. These guides are used by Authorized 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. These guides are also used by local classification offices
as the basis for preparing detailed local 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
bulletins also may be based on program classification guides.
(2)
(3)
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
program classification guides typically address an entire subject area.
Bulletins may interpret, clarify, or expand on guidance contained in a
program classification guide. In addition, classification bulletins
may be used to promulgate changes in classification procedures.
Users. Bulletin users are the same as those for program classification
guides.
e. Local Classification Guides.
(I) 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. Where SA-20 has delegated approval
authority to Field Elements, they may approve local classification
guides for implementation. In that event, they will provide copies of
such guides (and of all subsequent changes to those guides) to SA-20 as
prescribed in paragraph 6 below. Where SA-20 has not delegated
approval to Field Elements, they will submit all local guides to SA-20
for review and approval before such guides are issued or used. If more
than one Field Element, another Government agency (such as DOD), or a
foreign government is involved, SA-20 may determine that a local
classification guide should be issued as a program classification
guide. All local classification guides must contain the name of the
approving official and the date of approval.
Section 32
(2) Purpose. These guides have the same purpose as program classification
guides, but are more detailed and tailored to the specific needs of the
originating Field Element or contractor. J
DOE 5650.2B
12-31-91 • • V-9
(3) Users. These guides are used by Authorized Classifiers as the basis
for their derivative classification determinations and by Derivative
Declassifiers as the basis for their derivative declassification
determinations. Classifiers and Declassifiers may use only those
gUides approved for their use. Unless otherwise directed by SA-20,
local classification guides may be disseminated to other organizations
within and outside DOE as required, in accordance with "need-to-know"
principles.
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 Declassifiers may use only those classification
guides specifically approved for their use by their local classification
office or by SA-20. 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 the 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 SA-20. Pending resolution of the problem, the most restrictive
interpretation should be used.
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" (OADR).
Documents containing RD or FRO, regardless of whether they contain NSI, are
not to be marked in advance for declassification.
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 DATES. Refer to page VI-5,
Chapter VI, Part B, 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 12356.
4. REQUIREMENT FOR PERIODIC REVIEW OF CLASSIFICATION GUIDES. Each DOE or DOE
contractor organization shall review each classification gUide it issues at
least every 2 years to ensure that such guides do not contradict current
classification policy. If the review indicates that the guide does not
contradict such policy, the reviewer shall annotate the record copy of the gUide
with the results and date of the review. If the review indicates that the gUide
does contradict such policy, the issuing organization shall also note the nature
V-IO DOE 5650.2B
12-31-91
Section 33
of the problem and the nature of and schedule for planned corrective action.
Completion of this review does not require a specific report to DOE HQ, but
records of review shall be examined during appraisals.
5. CLASSIFICATION GUIDE LIST REVIEW. In order to maintain currency of the
Classification Guidance System, SA-20 shall conduct a classification guide list
review on a semiannual basis. This review will consist of the generation and
distribution of a list of classification guides to each issuing office. The
issuing office wi~l review the list for accuracy and completeness and notify
SA-20 within 30 days of the results of its review. If the listing is not
current, the issuing office will provide SA-20 with the necessary information to
update the listing. This will include, if necessary, distribution noted in
paragraph 6 below.
6. DISTRIBUTION OF LOCAL GUIDES TO DIRECTOR OF CLASSIFICATION. A minimum of two
printed copies and one copy on magnetic media (e.g., floppy diskette) with the
appropriate identifying information (i.e., word processor, file name) of the
final version of each local classification guide and all subsequent changes
issued by any DOE Field Element or contractor organization shall be sent to
SA-20 as part of the initial distribution of the guide. Additional copies of
such guides may be requested by SA-20, on a case-by-case basis, for use within
HQ.
7. INDEX OF CLASSIFICATION GUIDES. SA-20 shall maintain a list of all DOE and DOE
contractor classification guides in current use.
8. CLASSIFICATION GUIDANCE FOR NON-DOE-FUNDED WORK. Classification guidance for J
non-DOE-funded work (Work for Others) is the responsibility of the funding
organization. Work for Others that involves classified or potentially
classified information shall be conducted in accordance with the procedures set
forth in DOE 4300.28, NON-DEPARTMENT OF ENERGY FUNDED WORK. For unclassified
work, the funding entity shall provide a written statement that classified
activities are not a part of the project.
a. The DOE Classification Officer (CO) of the Departmental Element under whose
purview the work is to be conducted shall insure that appropriate
classification guidance has been established prior to commencement of the
work. The CO (or a technically competent Authorized Classifier appointed by
the CO or, in rare cases, SA-20) shall review the work request and the
proposed classification guidance and certify in writing that the guidance is
adequate and conforms to DOE policy.
b. If additional guidance is required, it may be developed by the DOE, the
sponsoring agency, or both. When the guidance is issued, the sponsoring
agency must agree in writing to abide by it. SA-20 shall resolve all
conflicts; pending such resolution, information shall be classified in
accordance with the most restrictive guidance.
9. CLASSIFICATION GUIDANCE FOR JOINTLY FUNDED WORK. Classification guidance for
work conducted at DOE facilities funded by both DOE and a non-DOE U.S.
Government organization is the joint responsibility of both funding
organizations. Program offices should contact SA-20 to assure development of
appropriate joint classification guidance.
..
c
DOE 5650.28
12-31-91
o o V-ll (and V-12)
10. CLASSIFICATION GUIDANCE FOR DOE-FUNDED WORK AT NON-DOE FACILITIES is the
responsibility of the DOE. Program offices should contact SA-20 to assure
availability or development of appropriate guidance.
..
DOE 5650.2B
12-31-91
o o V -13
PART C - CLASSIFICATION/SECURITY MARKINGS
Section 34
GENERAL.
a. All document originators are responsible for ensuring that the necessary
classification/security markings are placed on a classified document. These
include:
(1) Classification level;
(2) Classification category;
(3) Date of classification;
(4) Name, position title, and organization of the Authorized Classifier;
(5) Designation of the guide or source document, if derivatively classified
(NSI only);
(6) Duration of classification (NSI only);
(7) Office of origin; and
(8) Special markings (if required).
Refer to DOE 5635.1A, CONTROL OF CLASSIFIED DOCUMENTS AND INFORMATION, for
rules concerning the use, format, and placement of classification security
markings. This Order describes only certain markings directly related to
the classification of a document.
2. CLASSIFICATION AUTHORITY. All NSI classified documents must indicate the source
of classification authority (i.e., a classification guide or a source document)
which is the basis for the document's classification. For NSI, RD, and FRO
documents, the name, position title, and organization of the Authorized
Classifier of the document must be indicated. 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 the Authorized Classifier
who makes the classification determination. This mayor may not be the
individual who might prepare or sign the document.
c
a. Restricted Data or Formerly Restricted Data. The following rules apply to
all classified documents that contain RD or FRO, regardless of whether they
also contain NSI.
(1) The basic classification authority for documents that contain RD or FRO
is the Atomic Energy Act. These documents are always derivatively
classified and may, therefore, be classified by an Original or
Derivative Classifier. The "Derivative Classifier" line on the
document must be completed with the name, position title, and
V-14 DOE 5650.28
12-31-91
organization of the classifier of the document. In those cases where J
the signer of the document itself is the Derivative Classifier, the 'J'
word "signer" may be substituted for the name and position title of the,
classifier.
b. National Security Information Only. The following rules apply to classified
documents that contain Qnly NSI (i.e., they do not contain any RD or FRO).
(1) Originally Classified. If the classification of a document is not
based on classification guides or source documents, the document must
be classified by an Original Classifier. The "Originally Classified
by" line on the document must be completed with the name, position
title, and organization of the Original Classifier. In those cases
where the signer of the document itself is the Original ClaSSifier, the
word "signer" may be substituted for the name and position title of the
Original Classifier. (Note: Such documents must be portion marked.
See page V-16, Chapter V, Part C, paragraph 5, for more detailed
information.)
Section 35
(2) Derivatively Classified. If the classification of a document is based
on the use of a classification guide, a source document, or an Original
Classifier's determination, the document must be classified by an
Original or Derivative Classifier. The "Derivatively Classified by"
line on the document must include the identity of the classification
source (e.g., a classification guide or the date and originator of the
source document that served as the basis for the classification
determination). The "Derivative Classifier" line on the document must J',
be completed with the name, position title, and organization of the
:lassifier of the document. In those cases where the signer of the
document itself is the Derivative Classifier, the word "signer" may be
substituted for the name and ~osition title of the classifier.
(3) More Than One Classification Source. If the classification of a
document is based on more than one classification guide, source
document, or Original Classifier determination, the "Derivatively
Classified by" line must include the term "Multiple 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.
3. DURATION OF CLASSIFICATION.
a. Restricted Data or Formerly Restricted Data. Documents that contain RD or
FRO (regardless of whether they also contain NSI) remain classified
indefinitely. Therefore, they are never to be marked for declassification
or review. Such documents do not require a "Declassify on" line.
b. National Security Information Only. Documents that contain only NSI (i .e.,
they do not contain any RD or FRO) shall be marked for declassification in
accordance with the following:
DOE 5650.28
12-31-91
o o V-IS
(1) Originally Classified. If the classification of a document is not
based on the use of classification guides or source documents, the
Original Classifier of the document shall set a specific date or event
for declassification at the time the information is originally
classified, if possible. The "Declassify on" 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
comp 1 eted with the fo 11 OWl ng: "Ori gi nat i ng Agency' s Determi nat ion
Required" or "OADR."
(2) Derivatively Classified.
(a) If the classification of a document is based on the use of
classified information from a source document, the declassi
fication instructions of the source document should be carried
forward to the "Declassify on" line of the new document.
(b)
1 Documents deriving their classification from a source document
classified pursuant to Executive Order 12356 shall carry
forward the declassification instructions from the source
document.
i 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,
Chapter VI, Part B, paragraph 2.
If the classification of a document is based on instructions in a
classification guide, those instructions should be followed.
Section 36
1 Documents deriving their classification from a classification
guide issued pursuant to Executive Order 12356 shall be marked
with the latest date or event for declassification specified
for the information concerned or with the indication that the
"Originating Agency's Determination (is) Required" (OADR) if
this instruction is specified for any information in the
document under review.
2 Documents 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,
Chapter VI, Part B, paragraph 2.
(c) If the classification of a document is derived from a classi
fication guide or source document that does not specify
declassification instructions, the "Declassify on" line should be
completed with "OADR."
V-16 DOE 5650.2B
12-31-91
(d) Documents 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 "OADR," as
approp'ri ate.
4. OBSOLETE MARKINGS. Certain classification or security markings that are no
longer used or 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 Confidentia1-NSI documents.
a. Restricted. The term "Restricted" is an obsolete classification marking
that identifies a security level less sensitive than "Confidential." Note
that "Restricted" is an active classification marking still used by some
foreign governments and international organizations.
b. Official Use Only. From 7-18-49 to 10-22-51, the Atomic Energy Commission
used the term "Official Use Only" ("DUO") as a security marking equivalent
to the term "Restricted" defined in the previous paragraph. {Note: This
marking is currently used as a designation for certain sensitive but
unclassified information which requires some degree of protection.}
5. PORTION MARKING.
a. In accordance with the prOV1S10ns of section 1.5(b) of Executive ~
Order 12356, a waiver has been granted to the requirement of that section to
portion mark the following types of documents:
(1) Documents which contain both RD or FRO and NSI.
(2) Documents which contain only NSI and which are derivatively classified.
b. Thus, portion marking is required for documents containing only NSI which
have been originally classified.
c. Any document containing only RD or FRO is not under the jurisdiction of
Executive Order 12356. Such a document is not portion marked. (See
DOE 5635.1A for the exce~tion regarding classification markings on titles of
classified documents.)
d. This waiver was sought because it is the position of DOE that the use of
classification guides clearly is a superior method for providing guidance to
Derivative Classifiers.
e. If portion marking an originally classified NSI-on1y document is not
practicable, the document shall contain a statement sufficient to identify
the information that ;s classified, the level of such classification, and
the information that is not classified. If all portions of a document are
classified at the same level, this fact should be indicated by a statement
to that effect on the face of the document. J
Section 37
DOE 5650.28
12 -31-91
o • V-17 (and V-18)
SANITIZED DOCUMENTS AND EXTRACTS. Documents should not be sanitized unless
sanitization is specifically required or requested. In the case of documents
being sanitized in response to FOIA requests, notification of sanitization shall
be given only to the requester. Each extract or sanitized 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 may also
be identified as being an extract or sanitized version of the original document
by including the term "extract" in the title of the new document. When an
extract is declassified, the declassification notice will specifically state
that the new document is an extract.
7. MOSAIC COMPILATION. When a compilation of unclassified or classified
information must be protected by classifying it at a level higher than any of
the included information, the overall classification shall be placed on the
document and the basis for that classification included in the document (e.g.,
on the first or cover page). In addition, the first or cover page of the
document shall contain the following statement: "This document has been
classified under the 'mosaic compilation' concept and shall not be used as the
source for a derivative classification decision."
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PART D - UPGRADING
~ ~ 1. AUTHORITY TO UPGRADE THE CLASSIFICATION OF INFORMATION AND DOCUMENTS.
a. Information.
(1) Restricted Data and Formerly Restricted Data. Only SA-20 t SA-I, or a
higher authority may upgrade the level of classification of RD and FRD.
(2) National Security Information. Only SA-20 t SA-It a higher authority,
or an Original Classifier may upgrade the classification of NSI,
consistent with DOE classification policy. Original Classifiers have
authority only over information in their programmatic jurisdiction
which they, their predecessors, or their subordinates originally
classified.
b. Documents or 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 t only those authorized
to use the classification guides (i.e., Original and Derivative Classifiers)
may make 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.
2. PROCEDURES FOR UPGRADING THE CLASSIFICATION OF INFORMATION AND DOCUMENTS.
a. Notification of Upgradin~.
(1) Information. Written notification of upgrading of the classification
of information shall be made by SA-20 and may be in the format of a
classification gUide or bulletin.
(2) Documents and Material. Those individuals authorizing the upgrading of
documents and material will assure that all holders of the documents
who have a clearance for and a need to know the upgraded information
are notified as follows:
Section 38
(a) Content of Notices. Classification upgrading notices shall
identify the document as fully as possible, citing the title (or
briefly describing the document); the identification number, if
any; the author; the document date; the person authorizing the
change; and the nature and date of the change. Notices should be
classified in accordance with appropriate classification guidance.
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V-20 DOE 5650.28
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(b) Formal Reports. The person authorizing the upgrading of a formal
report that has been distributed outside the originating .J' .
organization shall provide a copy of the upgrading notice to the .
Office of Scientific and Technical Information, Oak Ridge,
Tennessee 37831.
(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.
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. A statement containing the
following information shall also be placed on the first page of the
document:
Classification changed to
CO';, 10E/IJ rl!9l... - Il!.sZ
(Insert appropriate classification level and category)
r:Ar!e>P9
Ver if i ed by: -::-::-I--J-J~~:::""'...J.....,~~f!!>bI.¥==-,---..l..J...j...Lf-l-'t~t:t
(0 te)
Figure V-I
Example of Upgraded Document Marking
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DOE 5650.28
12-31-91
o
PART E - RECLASSIFICATION
• V-21
1. AUTHORITY TO RECLASSIFY INFORMATION AND DOCUMENTS.
a. Information.
(1) Restricted Data and Formerly Restricted Data. Pursuant to section 146
of the Atomic Energy Act of 1954 t as amended t RD and FRO information
which has been formally declassified by proper authority may not be
reclassified.
(2) National Security Information. NSI which has been formally
declassified by proper authority may only be reclassified by the
Director of Security Affairs (SA-I) 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
(a) the information requires protection in the interest of national
security and (b) the information may reasonably be recovered. (See
ISOO Directive No.1, paragraph 2001.6, on page X-Ie for further
information.)
b. Documents or Material. In most cases, documents or material may be
reclassified by their Original Classifiers or by Derivative Classifiers
pursuant to their designated authority. 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 and Derivative
Classifiers) may make changes, or direct that changes be made, on documents
or material affected by the ~hange.
2. PROCEDURES FOR RECLASSIFYING INFORMATION AND DOCUMENTS.
a. Notification of Reclassification.
(1) Information. Written notification of reclassification of information
shall be made by SA-20 and may be in the form of a classification guide
or bulletin.
(2) Documents or Material. Those individuals authorizing the reclassi
fication of documents or material will assure that all holders of the
documents or material who have a clearance for and a need to know the
reclassified information are notified as follows:
Section 39
(a) Content of Notices. Reclassification notices should identify the
document as fully as possible t citing the title (or 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.
V-22 DOE 5650.28
12-31-91
(b) 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 Documents. 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. A statement
containing the following information shall also be placed on the first page
of the document:
Reclassified to CON rla,t5 N11I9t- - /IJ..s::z::
(Insert appropriate classification level and category)
Figure V-2
Example of Reclassified Document Marking
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DOE 5650.28
12-31-91 • •
----_ _----
V-23
1. GENERAL.
PART F - CLASSIFICATION STATUS OF
RESEARCH AND DEVELOPMENT ACTIVITIES
a. To the greatest extent possible, DOE-sponsored research and development
(R&D) is kept unclassified to promote the free exchange of information
essential to the development of the Nation's scientific and industrial
capability. However, national security interests dictate that certain
information must be controlled by classification. All DOE R&D activities
must be reviewed prior to the issuance of formal authorization to initiate
work and periodically thereafter to determine the nature and extent of any
classification requirements applicable to these activities.
b. This review requires an evaluation of the activity's potential for
generating or utilizing classified information. Based on this evaluation, a
classification status is designated for the activity, and classification
requirements are assigned according to this designation (see paragraph 4).
c. To conduct the review (classification potential evaluation), an activity is
defined by specifying an R&D effort or a logical grouping of identifiable
R&D efforts (research grants, contracts, cooperative agreements, etc.).
These efforts comprise the activity and are associated with one and only one
activity. An activity is redefined when one or more existing efforts are
removed or new efforts added. Each activity is assigned to Category I, II,
or III depending on its potential for using or generating classified
~ 2. AUTH::;~::;t::: ~:::G::~:DI~:~s~::~::~I~~ :~:~~:~Ph 2jjj).
a. Defining Authority. The definition of an activity is the responsibility of
Heads of HQ Elements. These officials are responsible for grouping all
efforts under their programmatic jurisdiction into activities. An activity
may contain any number of efforts; however, the same classification status
may apply to all efforts of the activity.
b. Designating Authority. Heads of HQ Elements are responsible for the
designation, subject to SA-20 approval, of the classification status of all
R&D work under their sponsorship. These officials are also responsible for
making any appointments as required by the category designations (see
paragraph 4).
Section 40
c. Delegation. Authority for defining activities and/or designating their
classification status may be delegated by Heads of HQ Elements to their DOE
field organizations as appropriate. Efforts may be grouped into activities
according to common programmatic themes, common field management
responsibilities, or any other logical structure, subject to the constraint
that all efforts of an activity may be similarly categorized.
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V-24 DOE 5650.2B
12-31-91
3. PROCEDURAL REQUIREMENTS FOR EVALUATING CLASSIFICATION POTENTIAL AND DESIGNATING .J'
CLASSIFICATION STATUS.
a. Evaluation Procedures. A logical series of questions leading to the
evaluation of an activity's classification potential is presented in Part G
of Chapter X. There are two bases for classification of information (the
Atomic Energy Act for RD or FRO and Executive Order 12356 for NSI).
Consequently, designating the classification status of a DOE R&D activity
requires merging two different but parallel classification potential
evaluations. The steps involved in this procedure are also given in Part G
of Chapter X. Additional procedural guidance is available from SA-20.
b. Schedules. The classification status of an activity must be evaluated
(1) when it is initially defined, (2) whenever it is redefined, and
(3) periodically or no less than on an annual basis. Any R&D covered by a
grant, contract, or cooperative agreement to be awarded by a DOE HQ or Field
Element must be assigned to an activity. The classification status of the
activity must be evaluated prior to any such award.
c. HQ Element Recordkeeping. HQ Elements shall maintain a record for each
activity under their jurisdiction (1) defining the activity in terms of its
elements; (2) listing the local classification offices under whose purview
the respective elements are being carried out; (3) giving the classification
status category and the date of designation; (4) giving the name(s) and
office(s) of the person(s) designating the category; and (5) giving the
name(s) and office(s) of any individuals appointed to monitor the activity.
d. Field Coordination. HQ Elements shall effect the timely dissemination of ~
category determinations to field organizations involved in each R&D element
covered. Field organizations shall submit promptly to sponsoring HQ
Elements any questions as to the need for evaluation or reevaluation of R&D
work under their purview.
e. Local Classification Office Recordkeeping. Local classification offices
shall maintain a record of all classification status designations for
efforts within an activity being carried out under their purview. This
record shall include: (1) the name of the activity; (2) the name(s) and
office(s} of the person(s) defining the activity; (3) a listing of those
efforts within the activity which are under the purview of the local office;
(4) the classification status category and the date of designation; (5) the
name(s) and office(s) of the person(s} designating the category; and (6) the
name and office of any classification monitors appointed for the activity.
4. APPOINTMENTS AND REVIEW REQUIREMENTS.
a. Appointments. Category III activities require the apPointment of a
Classification Officer at each site (if one does not already exist)
participating in the activity (e.g., the overall contractor classification
officer) or special coordination with the responsible HQ or local classi-
fication office. Category II activities require that an authorized
classifier be appointed to monitor the activity. If any classified
information is used or generated by the activity, it is identified and
appropriately protected, and the activity is upgraded to Category III. If a J
Section 41
DOE 5650.2B
12-31-9r
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Category II activity is redefined to exclude the use or generation of
classified information, it should be reduced to Category I. Category I
activities do not have any appointment requirements.
b. Guides. Approved classification guides are required for Category III
activities. Guidance or benchmarks that trigger evaluations are required
for monitoring Category II activities.
c. Reviews. The classification status of all activities shall be reviewed at
least annually. Benchmark requirements for Category II activities may
necessitate more frequent reviews.
d. Changes in Status. The classification status of a Category III activity may
be downgraded (1) when it is formally determined that the type of classified
infor~ation originally associated with the activity is no longer classified
or (2) the activity is redefined to exclude all elements which have a great
potential to use or generate classified information. The classification
status of a Category II activity may have to be upgraded or downgraded
according to the results of annual and benchmark triggered reviews.
Application to change classification status may be initiated by an activity
monitor, classification officer, or program office personnel. Applications
should be forwarded to the designating office for decision via the local
classification office, which may endorse or comment on the application.
Application to downgrade a Category III activity must be reviewed by SA-20.
5. REPORTING REQUIREMENTS. Designating offices shall report all classification
status designations and the results of all required reviews (annual and
benchmark) of an activity's status to SA-20 and the local DOE classification
offices where the various R&D efforts are being carried out. This report shall
include the information described in paragraph 3e, items 1 through 6.
6. LOCAL CLASSIFICATION OFFICE REVIEW. Local classification offices shall
periodically review all R&D under the purview of their field office to assure
each effort has received a classification category designation. For any R&D
effort that does not have a classification designation, a report shall be
submitted to SA-20 identifying the effort and the HQ Element that supports it.
DOE 5650.28
12-31-91
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V-27
'CI
1. GENERAL.
PART G - CLASSIFICATION REVIEW OF NEWLY GENERATED DOCUMENTS
a. The following procedures apply to the classification review of all newly
generated documents. Variations in the review process are based on the
following factors:
(1) Originator (DOE/non-DOE);
(2) Format;
(3) Purpose;
(4) Intended distribution;
(5) Originator's security clearance;
(6) Originator's classification authority; and
(7) Subject area.
b. It is DOE policy to provide formal classification guidance whenever
possible. However, the absence of a topic in a guide is not sufficient
justification to declare a document unclassified.
c. Determination that a document is unclassified does not mean it can be
released to the public. Other factors; e.g., UCNI, FOIA exemptions, NNPI,
Privacy Act exemptions, Patent Secrecy Act, and patent clearance review, may
limit the releasability of all or part of the document.
2. DOCUMENTS ORIGINATED 8Y DEPARTMENTAL ELEMENTS OR DEPARTMENTAL CONTRACTOR
PERSONNEL. These procedures apply to all documents originated by DOE or DOE
contractor personnel who possess valid security clearances. SA-20 or Heads of
Field Elements may exempt specific categories of documents or subject areas from
these procedures.
Section 42
a. Documents That Concern Category I Activities or non-R&D subjects having no
potential for using or generating classified information do not require
classification review. However, it is the originator's responsibility to
refer questionable cases to an Authorized Classifier.
b. Documents That Concern Category II or Category III Activities or non-R&D
subjects having a potential for using or generating classified information
must be reviewed by an Authorized Classifier. Such a review is sufficient
for documents that the Authorized Classifier determines (1) to be classified
or (2) to be unclassified, but which will receive limited distribution.
Examples of such unclassified but limited distribution documents include
most letters, memorandums, internal analyses, and planning documents.
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V-28 DOE 5650.2B
12-31-91
Documents Intended for Widespread Distribution or Public Release. A DOE or
DOE contractor classification office or SA-20 must review all documents,
regardless of format, that concern Category II, Category III, or other
classified program areas and are intended for public release or such
widespread internal distribution that public release is likely. Heads of HQ
and field Elements may delegate this authority to specified Authorized
Classifiers. formal reports, journal articles, press releases, speeches,
and conference papers are examples of this type of document.
d. Oral Presentations. The review requirements described in subparagraphs a,
b, and c, above, are also applicable to any oral presentations, including
speeches, briefings, or interviews, to be made by DOE or DOE contractor
personnel. Whenever possible, the speakers should use prepared texts,
reviewed in accordance with the requirements outlined above. When such
prior review is not possible, or when extemporaneous remarks are likely,
local DOE or DOE contractor classification office representatives will
prebrief the speaker on classification guidance pertinent to the
presentation subject matter, including danger areas in post-presentation
discussions.
3. DOCUMENTS ORIGINATED BY OTHER THAN DEPARTMENTAL ELEMENTS OR DEPAR1MI~TAL
CONTRACTOR PERSONNEL. The following procedures apply to documents submitted by
other than DOE or DOE contractor personnel with (a) active DOE or other
Government agency security clearances, (b) inactive security clearances issued
by DOE or other Government agencies, or (c) no security clearance.
a. Documents written bv persons with active security clearances are subject to J.
the requirements described in paragraph 2, above. The local DOE or DOE
contractor classification office or SA-20 will conduct the classification
review and will request that any classified or unclassified but controlled
information be removed from the document prior to its unclassified
publication.
b. Documents written by persons who have had but no longer have a security
clearance will normally be treated as outlined in subparagraph 3a, above,
unless the document deals with information to which the author previously
was not authorized access. Those cases will be referred to SA-20.
c. Documents originated by persons who never had a security clearance shall be
referred to SA-20. The originator may be informed of this referral without
further elaboration.
4. REVIEW OF DOCUMENTS (PATENT APPLICATIONS AND REPORTS) REFERRED UNDER SECTION 151
OF THE ATOMIC ENERGY ACT.
Section 43
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 SA-20 and reviewed to
determ'ine whether the reports contain classified information.
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12-31-91
b. Patent applications referred to GC-42 by the Commissioner of Patents and
Trademarks under section 151d of the Atomic Energy Act and forwarded to
SA-20 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 I5le of the Atomic Energy Act, shall be kept in
confidence by DOE, 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 described
in this part may be waived on a case-by-case basis by SA-20.
DOE 5650.28
12-31-91
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CHAPTER VI
DECLASSIFICATION AND DOWNGRADING
PART A - AUTHORITY FOR DECLASSIFICATION AND DOWNGRADING
1. INFORMATION.
a. Restricted Data and Formerly Restricted Data. Only SA-I may declassify RD
and FRD. SA-I and SA-20 may downgrade RD and FRD.
b. National Security Information. Declassification and downgrading authority
is limited to the Original Classifiers of such information, SA-20, and SA-I.
2. DOCUMENTS OR MATERIAL.
a. General. Documents or material may be declassified or downgraded by SA-I,
SA-20, Original Classifiers (see page VI-8, Chapter VI, Part C, paragraph 3,
below, for extent and limitations of such authority), or Derivative
Declassifiers. (Note: A custodian of classified documents or material does
not require declassification authority in order to proceed in accordance
with a declassification or downgrading notice from an authorized source.)
b. Derivative Declassification Authority.
(1) Qualifications. A Derivative Declassifier must (a) have demonstrated
competence in the subject area in which the authority will be used;
(b) 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 Declassification Authority; (d) have
successfully completed a training program and examination; and (e) be
so designated in writing by SA-20 as described below. SA-20 may grant
a waiver of the training and examination requirements for Classi
fication Officers.
(2) Designation.
(a) Requests for Derivative Declassification Authority must be
submitted to SA-20 in the format of Attachment X-lor any other
format containing the same information.
(b) Individuals for whom Derivative Declassification Authority has
been requested must have successfully completed a training program
and examination and received official notification of approval by
SA-20 prior to assuming classification authority. SA-20 may grant
a waiver of the training and examination requirements for
Classification Officers.
(c) When an individual assumes a position for which Derivative
Declassification Authority has previously been granted, a request
for declassification authority must be submitted to SA-20 for
approval using the format of Attachment X-lor any other format
VI-2 DOE 5650.2B
12-31-91
Section 44
that contains the same information. The individual may not assume J .....
Derivative Declassification Authority until he or she has
completed the requirements given in paragraph (b) above, except
that the appointing official may waive the requirements if the
individual has met such requirements within the past 3 years and
is transferring to a similar programmatic position.
(d) Derivative Declassification Authority may not be redelegated.
(e) Derivative Declassification Authority is granted for a period of
3 years at which time the individual must be recertified by
passing an examination. SA-20 may grant a waiver of this
examination requirement.
(f) Past frequency of use of Derivative Declassification Authority is
a factor in determining whether renewal of such authority is
needed by an individual. Such use includes the review of
documents to determine whether they can or cannot be declassified.
(3) Cancellation.
(a) If the Head of a Departmental Element determines that an
individual's position no longer requires Derivative Declassi
fication Authority, the Element Head shall promptly inform SA-20
using the format of Attachment X-2 or any other format that
contains the same information.
(b) When an individual with Derivative Declassification Authority ~
vacates a position, the Head of the individual's Departmental
Element will promptly inform SA-20 using the format of
Attachment X-2 or any other format containing the same
information.
(c) If SA-20 determines that an individual no longer requires
Derivative Declassification Authority, SA-20 shall advise the Head
of the individual's Departmental Element of such determination, of
the reason(s) therefor, and of the date on which the authority
will end.
(4) Recordkeeping Requirements. SA-20 shall maintain a list of all
individuals 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 and expiration date of the
designation. In addition, each Departmental Element and contractor
organization shall maintain a similar list of all individuals with
Derivative Declassification Authority within its jurisdiction.
(5) Authority Definition. (See page X-23, Chapter X, Part C.)
(a) An individual with Derivative Declassification Authority may
derivatively declassify or downgrade documents or material
originated by his or her organization, its contractors, or the J
DOE 5650.28
12-31-91
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(b)
predecessors of these organizations. In certain circumstances,
SA-20 may grant broader declassification authority to an
individual.
Derivative Declassifiers may declassify documents or material only
in the areas in which they have been delegated such authority and
which disclose only:
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 SA-20; or
~ Information of an administrative nature that 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 5650.28
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VI-5
PART 8 - AUTOMATIC DECLASSIFICATION AND DOWNGRADING
Section 45
1. RESTRICTED DATA AND FORMERLY RESTRICTED DATA. Documents containing RD and FRD
are not subject to automatic declassification or downgrading.
2. NATIONAL SECURITY INFORMATION. (See Chapter X, Part F, Figure X-4, for a
summary conversion table on the duration of classification.)
a. Documents Classified Pursuant to Executive Order 10290. Documents
classified pursuant to Executive Order 10290 and marked for automatic
downgrading or declassification shall be downgraded and declassified in
accordance with such markings.
b. Documents Classified Pursuant to Executive Order 10501 (as amended by
Executive Order 10964).
(I) 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).
These documents are not automatically declassified.
(3) Group 4. Documents under Group 4 of Executive Order 10501, as amended
by Executive Order 10964, are now unclassified.
c. Documents Classified Pursuant to Executive Order 11652.
(1) Advanced Declassification Schedule. Documents marked for automatic
downgrading in advance of the General Declassification Schedule (GDS)
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 are now unclassified.
(3) Documents Marked as Exempt from the General Declassification Schedule
of Executive 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
automatic downgrading or declassification will be downgraded or declassified
in accordance with such markings.
VI-6 DOE 5650.2B
12-31-91
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.
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PART C - REVIEW OF POCUMENTS FOR
DECLASSIFICATION OR DOWNGRADING
VI-7
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1. GENERAL. Part C pertains to RD, FRO, and NSI, except as noted on page VI-14,
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, Privacy Act exemptions, Patent Secrecy Act, or patent clearance
review) may limit the releasability of all or part of the document.
a. The following may not be automatically declassified, but must be reviewed in
accordance with appropriate procedures before they are declassified.
Section 46
(1) Documents with classification level markings but with no markings which
indicate declassification or review dates or events.
(2) Documents marked as RD or FRO.
(3) Documents assigned to Groups 1, 2, or 3 as defined in Executive
Order 10964.
(4) Documents Exempt from the General Declassification Schedule (XGDS) 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.
(5) Documents classified pursuant to Executive Order 12065 and assigned a
date or event for review.
b. Documents which involve conflicting declassification instructions will be
handled in accordance with the most restrictive instructions. When there is
reasonable doubt as to the need to continue to classify a document or a
group of documents, they shall be safeguarded as Confidential NSI or RD, as
appropriate, pending determination of their classification status. Upon
this determination, they will be appropriately marked. If the marking or
remarking of large quantities is unduly burdensome, the holder of the
documents may attach a notice of classification status to the storage unit
in lieu of the individual marking action otherwise required. Items
withdrawn from the collection for purposes other than transfer for storage
shall be marked in accordance with the classification notice or reviewed for
proper classification level and category and so marked.
c. Documents may be declassified only by Derivative Declassifiers and Original
Classifiers under certain conditions prescribed in this Order. (See
Chapter VI, Part A, and Chapter V, Part A, respectively.)
d. In the declassification review process, referrals may be made, as
appropriate, to Responsible Reviewers. It is also the responsibility of the
Departmental Element or contractor organization initiating the review to
obtain patent clearance where appropriate.
VI-8 DOE 5650.2B
12-31-91
e. Under certain circumstances, SA-20 may determine that documents concerned
with specific sensitive areas may be declassified only by certain
declassifiers. Specific instructions will be 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 SA-20.
2. REVIEW BY DERIVATIVE DECLASSIFIERS.
J
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 material are to be
determined declassifiable, the reviewers will declassify them. Documents or
material determined not to be declassifiable under this authority, but
possibly declassifiable under other authority, may be referred by the
Derivative Declassifiers for further processing to the Classification
Officer or SA-20, as appropriate.
Section 47
b. Classified documents requiring sanitization or declassification in order to
be approved as unclassified shall receive two independent reviews. The
first review can be conducted by either a Derivative Declassifier or an
Authorized Classifier knowledgeable in the subject area. A Derivative
Declassifier (different from the first reviewer) must conduct the second
review and must make the final determination that the documents following J
sanitization or declassification are indeed unclassified. This requirement . .
may be waived by SA-20 following its consideration of the types of documents
to bp. reviewed and its determination that a single review would be adequate
for the documents concerned; however, it is the intent of this directive
that dual review is the rule for previously classified documents proposed
for public disclosure as unclassified and that exceptions to this rule will
be made only under unusual circumstances.
c. The person who declassifies a document shall notify the originator of the
declassification of the document. The originator shall notify all other
known holders of the report of the declassification action to the maximum
extent practical.
3. REVIEW BY ORIGINAL CLASSIFIER~ Authorized Original Classifiers may originally
declassify NSI over which th~y have exclusive programmatic jurisdiction and
which they, their predecessors, or subordinates originally classified, provided
the declassification is consistent with DOE policy. They may derivatively
declassify RD, FRD, and NSI documents (other than formal reports) over which
they have exclusive programmatic jurisdiction and which they, their
predecessors, or subordinates derivatively classified, provided the declassi
fication is consistent with DOE policy and gUidance. Derivative declassi
fication actions must be based on the information appearing as an unclassified
topic in a guide approved for the classifier's use in declassifying documents.
4. LARGE-SCALE REVIEWS. A large-scale review may be any review of a group of
documents containing classified documents. Whether or not a review is J..
considered large-scale must be determined by the individual facility based on
DOE 5650.28
12-31-91
o
VI-9
factors such as how many documents must be reviewed, the rate at which they are
to be reviewed, what is the impact on current manpower resources, etc. If there
is doubt as to whether a review is large-scale or not, SA-20 should be
consulted. A large-scale review may consist of file clearance reviews of files
containing classified documents that are obsolete or deal with an activity that
has been declassified or discontinued to declassify those documents no longer
requiring security protection, or it may be a FOIA request review of a group of
documents. The routine review of NSI documents to determine whether an
established declassification date or event has occurred does not constitute a
large-scale review. Large-scale reviews are subject to the following special
requirements in addition to normal procedures:
a. Special reviews may be approved only by the cognizant DOE Classification
Officer after written coordination with SA-20. A request to conduct a
special review at a contractor site must be submitted by the DOE contractor
Classification Officer to the Field Office. The Field Office will review
the proposal and may approve it only after written coordination with SA-20.
(HQ and Field Elements should submit requests for such reviews at their
sites to SA-20.)
Section 48
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.
c. The review must be conducted under the direct supervision of the local
Classification Officer (SA-20 in Headquarters).
d. As with all declassification reviews, extreme care must be 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) Declassification of each document will require two reviews: the first
by an Authorized Classifier or Derivative Declassifier and the second
by a different Derivative Declassifier.
(4) Specific instructions must be given regarding treatment of information
not covered explicitly in current classification guides.
VI-IO DOE 5650.2B
12-31-91
5. PATENT APPLICATION REVIEW.
a. Requests for declassification review of patent applications shall be sent
through the local patent office to GC-42.
b. GC-42 initiates requests for declassification review of all patent
applications.
c. GC-42 shall transmit one copy of the patent application to SA-20 for review
to determine if it may be declassified in accordance with current DOE
classification policy.
d. SA-20 may refer questions about declassification of DOE patent applications
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 ISle of the Atomic Energy Act and as may be required to protect the
patent position of the U.S. Government will be observed.
e. Upon completion of the required review, SA-20 will return the patent
application to GC-42 with the determination.
6. REVIEWS PURSUANT TO EXECUTIVE ORDER OR STATUTE. Executive Order 12356, 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. Executive Order 12356 requires the establishment of procedures for Mandatory
Review for declassification of NSI. 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) classi
fied Presidential documents under the Archivist's control which were
originated by or contain information under the purview of DOE or its
predecessors. Under Executive Order 12356, SA-20 may conduct internal and
systematic review programs for classified information originated by DOE and
contained in documents determined by the Archivist to be permanently
valuable, but which have not been accessioned into the National Archives of
the United States.
(1) Mandatory Review for Declassification.
Section 49
(a) Conditions for Request. Except as provided in section 3.4(b} of
Executive Order 12356, all information classified by DOE under
Executive Order 12356 or its predecessor orders (i.e., NSI) is
subject to a review for declassification by DOE if the request
meets the following conditions:
1 Is made by a U.S. citizen or permanent resident alien, a
Federal agency, or a State or local government;
J
J
DOE 5650.2B
12-31-91
o o VI-II
l Describes the document or material containing or revealing the
NSI in question with sufficient specificity to enable it to be
located with a reasonable effort; and
l Is sent to the Director of Classification, U.S. Department of
Energy, Washington, DC 20585.
(b) Invalid ReQuests. The requester is to be notified promptly by
SA-20 if his or her request is not valid. This notification
letter explains why the request cannot be processed and, if
applicable, tells 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, SA-20 shall:
1 Contact all appropriate Departmental Elements requesting that
their files be searched for documents or material responsive to
the requ€st.
l 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.
l Review the documents or material responsive to the request and
determine whether or not the classified information under the
purview of DOE contained in or revealed by the documents or
material can be declassified.
~ Coordinate with other agencies the review of documents or
material originated by DOE that are responsive to the request
and that contain information under the purview of those
agencies.
~ After deletion of all classified information under the purview
of DOE, forward a copy of any documents or 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.
] Transmit to the requester the final determination of SA-20 as
to whether all or part of any documents or material responsive
to the request may be released to the requester.
1 In those cases where a fee 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.
VI-12 DOE 5650.2B
12-31-91
~ In those cases where no fee is to be charged, or where the
requester has agreed to pay the fee, and consistent with other ~ .
applicable law, send the requester copies of declassified ~
documents or material or declassified portions of classified
documents or material that constitute coherent segments.
j In those cases where all or part of documents or 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 Director of Security Affairs, U.S. Department of
Energy, Washington, DC 20585.
Section 50
(d) Appeals of Denials of Mandatory Declassification Review Requests.
SA-I is the appeal authority for denials of mandatory declassifi
cation review requests. Appeals will be processed in accordance
with procedures established by SA-I.
(2) Systematic Review by the Archivist of the United States. Executive
Order 12356 requires the Archivist of the United States to systemati
cally review for declassification or downgrading (a) classified
documents accessioned into the National Archives of the United States J",
and (b) classified Presidential documents under the Archivist's
control. Such documents shall be reviewed in accordance with
systematic review guidelines provided by SA-20 for information under
the purview of DOE or its predecessors.
(a) Systematic Review Guidelines. SA-20 shall issue and maintain
guidelines for systematic declassification review of information
under the purview of DOE or its predecessors. These guidelines
shall be developed in consultation with the Archivist and the
Director of the ISOO and are 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. SA-20 shall designate experienced
personnel to provide timely assistance to the 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. SA-20 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 J
DOE 5650.28
12-31-91 • • VI-13
States. SA-20 shall originate any required instructions or gUidelines
on a case-by-case basis for internal systematic review programs.
b. Freedom of Information Act.
(1) Denial Authority. SA-20 concurs on release and serves as the denying
official for that portion of a request involving classified records.
(2) Revie~. Classification reviews and other actions regarding review of
classified documents requested pursuant to the FOIA shall be conducted
in accordance with the provisions of this Order and DOE Order 1700.1,
FREEDOM OF INFORMATION PROGRAM.
(3) Appeals of Denials of Requests Pursuant to FOIAs.
(a) Authority. SA-I shall concur on those parts of all appeal
decisions which concern the denial of FOIA requests made under
statute or Executive order. In such cases, SA-I shall make the
final appeal determination if any portion of a document or
material previously denied is to be released.
(b) Analytical Support. SA-20 shall provide analytical support and
recommendations to assist SA-I in exercising his or her appeal
authority concerning the denial of the release of documents or
material in all appeals involving such requests made under statute
or Executive order. A Denying Official shall provide to SA-20
supporting or background material requested by SA-20 concerning
the denial determination made by the Denying Official which is the
subject of the appeal.
(4) Foreign Government Information. See Chapter III, paragraph 5,
page 111-2.
c. Privacy Act of 1974.
Section 51
(1) Review. Classification review and other actions regarding review of
classified documents requested pursuant to the Privacy Act shall be
conducted in accordance with the provisions of this Order and DOE
Order 1800.IA, PRIVACY ACT.
(2) Appeals of Denials of Requests Pursuant to the Privacy Act.
(a)
(b)
SA-l shall concur in the final determinations concerning the
disclosure and denial of all classified information contained in
records or system of records in all appeals involving such
requests made under statute or Executive order.
SA-20 shall provide analytical support and recommendations to
assist SA-I in exercising his or her appeal authority concerning
the disclosure and denial of all classified information contained
in records or systems of records in all appeals involving such
requests made under statute or Executive order.
VI-14 DOE 5650.2B
12-31-91
d. Confirmation of Existence of Reguested 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.
7. OTHER REVIEWS BY THE OFFICE OF CLASSIFICATION.
a. Centralized Categorical Reviews. Under certain circumstances, SA-20 may
determine that the declassification review of documents or material dealing
with specified categories of information must be conducted by SA-20.
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 declassification
authority, he or she may request a priority review for declassification by
SA-20. SA-20 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.
c. Reviews Upon Termination of Employment. DOE or DOE contractor personnel who
retire or otherwise terminate employment with the DOE or its contractors and
wish to take documents or material; e.g., memorandums, personal records,
diaries, that fall wholly or partially in areas that are classified are ..,.
personally responsible for assuring that all such documents or material are ~
unclassified and fully releasable. This determination may be made by an
Authorized Derivative Classifier or the local Classification Office.
8. DEPARTMENTAL AND CONTRACTOR REVIEW RESPONSIBILITY.
a. Origjnating Departmental Element or Contractor Organization. The
Departmental Element or contractor organization or its successor which
originate~ a document must be consulted before declassification or
downgrading of that 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 organi
zation(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.
Section 52
c. Director of ClaSSification. SA-20 is authorized to make the final
determination to declassify or downgrade documents originated by any
Departmental Element or contractor organization. This authority may be
delegated.
J
DOE 5650.28
12-31-91 • o VI-IS (and VI-16)
d. External Coordination. SA-20 shall conduct all interagency or inter
Governmental coordination reqUired to declassify or downgrade documents in
the possession of DOE or its contractors. When SA-20 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 t 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 6d, of this part is required, SA-20 shall respond to
the requester in accordance with that paragraph.
9. REPRODUCTION FOR DECLASSIFICATION REVIEW. Reproduction of documents for
the sole purpose of facilitating their review for declassification does
not require the consent of the originator.
DOE 5650.2B
12-31-91 • o VI-I7
PART 0 - NOTIFICATION OF DECLASSIFICATION OR DOWNGRADING
'0
1. GENERAL. Part 0 pertains to RO, FRO, and NSI. Those authorizing a change in
classification (declassification or downgrading) of a document shall notify
holders of the document as follows:
a. Top Secret Docyments. The person authorizing the declassification or
downgrading of a Top Secret document shall notify SA-IO, who shall notify
all custodi ans.
b. Secret and Confidential Documents. The person authorizing the
declassification or downgrading of a Secret or Confidential document shall
notify the originator of the document. Insofar as possible, the originator
shall notify all known holders of the document of the declassification or
downgl'ading action,
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. Box 62, Oak Ridge, Tennessee
37831.
d. Forwarding of Notices. If the recipient of a declassification or
downgrading notice has transmitted the document to another custodian, the
change notice should be forwarded to the new custodian.
OE~LASSIFICATION NOTICES.
a. Declassification Notices shall be prepared, reviewed, and signed by the
individuals authoriZing the declassification. It is the responsibility of
these individuals 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.
Section 53
(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.
(4) The document date.
VI-IS DOE 5650.28
12-31-91
(5) The number of pages in the document (from the documentation stamp on J...
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 initial classification of the document.
(S) The identities of the persons authorizing the declassification (by
names, signatures, titles, and organizations).
(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 concerned 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.
d. When an extract is declassified, the declassification notice will
specifically state that the new document is an extract (see page V-I7,
Chapter 5, Part C, paragraph 6).
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DOE 5650.28
12-31-91
o VI-19
PART E - RE-MARKING DECLASSIFIED OR DOWNGRADED DOCUMENTS
.~ 1. GENERAL. Part E pertains to RD, FRD, and NSI, except as noted in paragraph 3,
below.
2. REMOVAL OR CANCELLATION OF CLASSIFICATION MARKINGS FROM DOCUMENTS.
a. Custodians of documents for which a written notification of declassification
is received from an authorized source will ensure that the document
concerned exactly corresponds to the description given in the declassi
fication notice before removing, cancelling, or otherwise voiding the
classification markings. 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 whose
classification markings are to be removed or cancelled, those markings
should not be changed. If there is any doubt regarding the identification
of a document for which a declassification notice has been received, the
custodian shall contact the person authorizing the declassification for more
specific identification or confirmation. If clarification is needed for
declassification notices published by the Office of Scientific and Technical
Information for formal reports, the custodian should contact SA-20 for
identification of the person authorizing declassification.
c. A document from which classification markings are changed, removed,
cancelled, or otherwise voided pursuant to a declassification or downgrading
notice shall be marked (see Figure V-I, page V-20) to show:
Section 54
(1) The new classification status of the document;
(2) The authority for declassifying or downgrading the document (e.g., a
memorandum, an Office of Scientific and Technical Information notice, a
classification guide, or guide topic);
(3) The signature of the person removing the markings and the date of the
action; and
(4) The signature of the person verifying the validity of the action and
the date of verification.
3. AUTOMATIC DECLASSIFICATION.
a. Automatic declassification determinations under predecessor orders shall
remain valid unless the classification is extended by an authorized official
of the originating agency. These extensions may be by individual documents
or categories of information. The originating agency shall be responsible
for notifying holders of the information of such extensions.
b. Information classified under predecessor orders and marked for
declassification review shall remain classified until reviewed for
declassification under the provisions of Executive Order 12356 as described
in Chapter VI, Part C, paragraph 7, of this Order.
VI-20 DOE 5650.28
12-31-91
c. An NSI document marked with a date or event for automatic declassification
is declassified after that date or event has occurred. Any custodian of the J..
document may obliterate the security markings for clarity, but this is not
necessary. The declassification/downgrading marking illustrated in
Figure V-I is not required.
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DOE 5650.2B
12-31-91 •
CHAPTER VII
EDUCATION
o
VII -1
1.
2.
OBJECTIVE. Employees of DOE, its contractors, and others who generate or have
access to classified information must have sufficient understanding of
classification policies, principles, guidance, and procedures to discharge their
duties. The classification education program is intended to provide such an
understanding.
EDUCATION PROGRAMS.
a. Initial Classification Education. All new DOE and DOE contractor employees
must understand 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 RD, 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 require
knowledge of classification guidance in their work should have such
guidance explained to them. This may be 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 education program for all cleared
employees to maintain classification awareness and apprise employees of
applicable changes in classification policies, principles, guidance, and
procedures. Such briefings shall take place at least every 3 years.
Section 55
c. Classifier or Declassifier Training and Certification. Before an individual
becomes an Original or Derivative Classifier or a Derivative Declassifier, a
representative fro:" the local classification office shall provide training
on applicable classification policies, principles, guidance, and procedures
and administer an examination to assure sufficient understanding of these
areas. Upon successful completion of the training and receipt of a passing
score on the examination, an individual shall be certified as an Authorized
Classifier or Declassifier for a period of 3 years. Recertification is
required eVE~ry 3 years and shall, as a minimum, consist of retesting an
individual 's understanding of applicable classification policies,
principles, guidance, and procedures. Local classification offices shall
determine the type of training and certification that is appropriate for
their facility.
VII-2
d.
DOE 5650.2B
12-31-91
Special Briefings. As needed, 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 particular subject ~
area or because of a change in classification procedures. 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. 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.
e. Use internal publications, posters, and so forth, for classification J'
messages.
f. Share information concerning classification efforts with other DOE and DOE
contractor classification offices.
4. PRIVATE ORGANIZATIONS AND INDIVIDUALS. The statutory definition of RD 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. SA-20 is responsible for educating private organizations and individuals
insofar as classification concerns affect their activities. Such education
will be carried out primarily by publication of relevant information in the
"Federal Register."
c. Field classification personnel will assist in this portion of the education
program by adVising SA-20 of private R&D or other activity likely to
generate RD and where, consequently, there is a need for classification
education.
DOE 5650.28
12-31-91
o
CHAPTER VIII
CLASSIFICATION APPRAISALS
o
VIII-l
c
c
1. POLICY. The classification practices, procedures, and performance of DOE and
DOE contractor organizations shall be appraised to ascertain their adequacy and
effectiveness.
Section 56
2. OBJECTIVES.
a. To determine the effectiveness of classification personnel in implementing
the classification program.
b. To determine whether classification practices and performance conform to DOE
policy.
c. To evaluate the effectiveness of locally developed methods of implementing
DOE classification policy and regulations.
d. To evaluate the adequacy of the classification guidance and control provided
by DOE and DOE contractor organizations to their subordinate elements.
3. STANDARDS AND PROCEDURES.
a. Appraisal Guidance and Instructions. This chapter presents policy,
objectives, and general guidance regarding standards and procedures to be
used in conducting classification appraisals. Detailed instructions and
specific guidance on the conduct of appraisals, including preparation for
appraisals, suggested formats for workpapers and reports, and suggested
methods for gathering and evaluating relevant information, are contained in
the DOE Classification Appraisal Procedural Guide developed and promulgated
under the authority of SA-20.
b. Scope of Appraisals. The classification programs of the various
Departmental 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 below
is presented merely as a gUideline; it should serve to introduce a measure
of uniformity into appraisal reports and to remind the appraisers of areas
that may need 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 DOE classification policy, especially as it applies to
information, projects, and materials under their purview?
(2) Management Support. What is the position of the classification
function and the Classification Officer in the organization? Are
sufficient resources available to the Classification Officer? If the
Classification Officer has additional duties, do the Classification
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Officer and any assistants devote sufficient time to classification
matters?
(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 contractor
organization should include review of the classification guidance of
both the contractor 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 applicable
classification policies, principles, guidance, and procedures?
(6) Classification Board. If a board has been appointed, what is its
purpose, who is on it, what is the frequency of its meetings, and is it
effective?
(7) Classifying and Declassifying Officials. How current is the
appointment 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?
Section 57
(9) Appraisals. How thorough is the appraisal system in determining
compliance with approved guidance? Are subcontractor appraisals being
conducted?
(IO) Other Classifying Organizations. 00 any organizations other
than DOE (for example, 000) 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?
(II) Non-nuclear Programs. In Field Elements with jurisdiction over
non-nuclear 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?
c. Frequency of Appraisals. The scope and frequency of appraisals shall be
determined by the management of the appraising Departmental Element after
consideration of the following factors:
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o o VIII-3
{I} Past Performance Experience and Appraisal Results. Problem areas and
key functions representing potential trouble spots should be identified
for frequent review.
(2) Interval Since Last Appraisal. Every function having a major
classification interest should be appraised every 2 years unless
particular circumstances indicate otherwise. Effective classification
programs or functions having a minor classification interest may be
appraised on a less frequent basis (3-5 years). Ineffective programs
or those with key personnel turnover may require more frequent (i .e.,
less than 2 years) appraisals. The local Classification Officer shall
determine if particular circumstances justify exceptions to the 2-year
appraisal frequency for classification functions within that office's
purview, based upon individual program effectiveness.
{3} Managemen