Classification of Atomic Energy Information

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Classification ofAtomic Energy Information
Nick Prospero, and Rita Metro Office of
Classification and Information Control, DOE June
17, 2004
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Purpose

• To familiarize individuals who may come in
  contact with RD and FRD information with the
  procedures for identifying, classifying, marking,
  handling, and declassifying documents containing
  that information as required by the Atomic Energy
  Act and 10 CFR 1045, Nuclear Classification and
  Declassification.

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Categories of Classified Information

• Restricted Data (RD)
• Formerly Restricted Data (FRD)
• National Security Information (NSI)

Atomic Energy Act
Executive Order 12958
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Restricted Data

• The term Restricted Data means all data
  concerning the
• (1) Design, Manufacture, or Utilization of Atomic
  Weapons
• (2) The Production of Special Nuclear Material
  or
• (3) The Use of Special Nuclear Material in the
  Production of Energy.
• But shall not include data declassified or
  removed from the restricted data category
  pursuant to section 142

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Major Areas of Restricted Data

• Nuclear Weapons Design
• Nuclear Material Production
• Isotope Separation
• Naval Reactors

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Transclassification

• The term Restricted Data means all data
  concerning the
• (1) Design, Manufacture, or Utilization of Atomic
  Weapons
• (2) The Production of Special Nuclear Material
  or
• (3) The Use of Special Nuclear Material in the
  Production of Energy.

But shall not include data declassified or
removed (transclassified) from the Restricted
Data category pursuant to section 142
Section 142.e
(NSI)
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TransclassificationFormerly Restricted
Data(Section 142.d)

• CLASSIFIED information which has been removed
  from the Restricted Data category after DOE and
  DoD have jointly determined that it relates
  primarily to the military utilization of atomic
  weapons, and also jointly determined can be
  adequately safeguarded as defense information

UNCLASSIFIED
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Examples of Formerly Restricted Data

• Stockpile quantities
• Weapons safety and storage
• Yields
• Locations

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Agency Roles
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How Do You Classify and DeclassifyDocuments
Containing RD or FRD
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Classification of RD and FRDDocuments

• Classification must be accomplished only by a
  Restricted Data Classifier
• Classification decisions must be based on
  established guidelines

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RD Classifiers

• Must
• Be designated by position or by name as an RD
  Classifier
• Be knowledgeable in subject area
• Have access to RD or FRD
• Received appropriate training
• Possess appropriate classification guidance
• Not required for DoD military or civilian
  personnel

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Derivative vs. Initial Classification Decisions
for RD/FRD Documents

• Only DOEs Director of OCIC may determine if
  newly generated information falling within the RD
  definition is classified
• All other RD Classifiers must use existing
  guidance to classify a document
• Classification guides
• Source documents

Document Classification Decisions
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Classification Guides

• DOE Guides
• Joint DOE/DoDGuides
• Other Agency Guides with RD and FRD Topics

All classification guides with RD or FRD topics
must be coordinated with DOE
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Source Documents

• Only if use of classification guides is not
  practical
• Be careful of classified associations of
  otherwise unclassified information

SECRET-FRD
SECRET-RD
UNCLASSIFIED
Source Document 2
Source Document 1
__________________
__________________
(U)
The U.S. has weapons
(U)
This report discusses

with a dial-a-yield (DAY)
weapons with a dial-a-yield

(U)
The B-110 is an air-delivery
capability
weapon
(DAY) capability

___________________

(U)
___________________
The B-110 is an air-delivery
___________________
weapon
___________________

SECRET-RD
SECRET-FRD
UNCLASSIFIED
B-110 is a fictional weapon
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Marking Requirements for Documents Containing RD
or FRD

• Front page
• RD or FRD admonishment
• RD Classifiers name and position/title (if
  different than originator/signer)
• Derived from (guide or source document and date)
• Overall classification level (Top Secret, Secret,
  or Confidential)
• Interior pages
• Classification level (Overall document level or
  page level)
• Classification category (Overall document
  category (RD or FRD) or page category)
• Back of document-Overall classification level
• Portion Marking

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Front Page Markingsof RD or FRD Document
Overall document level (top bottom)
SECRET
Subject Marking of RD or FRD
Documents (U)
Classification of this document is for example
purposes only
RD or FRD Admonishment (Highest category only)
June 1997
RESTRICTED DATA
This document contains Restricted Data as
RD classifiers name and position/title (unless
the same as the document originator or signer)
defined in the Atomic Energy Act of 1954, as
amended. Unauthorized disclosure is subject
to administrative and criminal sanctions.
FORMERLY RESTRICTED DATA
Unauthorized disclosure subject to administrative
and criminal sanctions. Handle as Restricted
Data
in Foreign Dissemination. Section 144.b, Atomic
Energy Act, 1954.

RD Classifier Joe Smith, Director, NN-162
Guide or source used to classify document and date
(Name and Position/Title)
Derived From CG-W-5, dated Oct. 16, 1995
(Classification Guide and Date)
Note No date for automatic declassification
SECRET
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Interior Page Markingsof RD or FRD Document
Page level and category
SECRET-RD
(U) (C) (CFRD) (C)
OR
SECRET-RD
Overall document classification level and category
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Classification Category and Level Precedence Rule
Level
Category

• Classification of document or page is highest
  level and most restrictive category of
  information in a document or on a particular
  page.

S C S CRD SNSI SRD
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Portion Marking RD or FRD Documents

• Not required by the Atomic Energy Act - Agency
  Option
• If used, level and category (if RD or FRD)
  designations are required for each portion

SECRET-RD
Interior Page
(U) (S) (CRD) (CFRD)
Unclassified Secret National Security
Information Confidential Restricted
Data Confidential Formerly Restricted Data
SECRET-RD
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Authorized Abbreviations
Top Secret Secret Confidential
Restricted Data Formerly Restricted Data National
Security Information Restricted Data Formerly
Restricted Data National Security Information
Secret Restricted Data Formerly Restricted
Data National Security Information
- TSRD - TSFRD - TS - SRD - SFRD - S -
CRD - CFRD - C
Note The use of a - or / between the level
and category is acceptable (e.g.,
S-RD, S/RD, etc.)
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Protection of RD and FRD Documents

• Ensure access only given to individuals with
  appropriate clearance
• Limit access to need-to-know
• Do not mix with NSI document scheduled for
  automatic declassification

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Declassification of Documents Marked RD or FRD

• Authorities to declassify
• Declassification guidance
• Declassification marking
• Declassification reviews

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No Automatic Declassification of RD and FRD
Documents

• Documents containing RD or FRD information are
  not governed by E.O. 12958 - even if NSI is
  present
• Documents containing RD or FRD cannot be
  automatically declassified based on a date or
  event
• Positive action by an authorized person is
  required to declassify RD or FRD documents

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Executive Order 12958 RD/FRD Provision (Part 6
- General Provisions, Section 6.2)

• Nothing in this order shall supersede any
  requirement made by or under the Atomic Energy
  Act of 1954, as amended.. . Restricted Data
  and Formerly Restricted Data shall be handled,
  protected, classified, downgraded, and
  declassified in conformity with the provisions of
  the Atomic Energy Act of 1954, as amended, and
  regulations issued under that Act

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RD and FRD Document Declassification Authorities

• RD - Only DOE may declassify RD
  
  
  
  
  documents
• FRD - DoD or DOE may declassify
  
  
  
  
  FRD documents
• Depends on originating agency
• Must coordinate if joint guidance doesnt exist

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Declassification Reviews

• Freedom of Information Act (FOIA)
• Systematic Reviews
• Reviews pursuant to Executive Order 12958
  (permanently historical NSI file)

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FOIA

• RD Documents
• DOE must review all RD documents
• DOE, Director, Office of Classification and
  Information Control, is the denying official for
  all RD information
• FRD Documents
• Originating agency (DOE or DoD) may review
• Denying official may be from DoD or DOE
• Coordinate reviews may be required

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Systematic Review for Declassification(10 CFR
1045 Section 1045.43)

• Applies to all holders of RD or FRD documents
• Requires periodic and systematic declassification
  reviews of RD or FRD documents (no prescribed
  time interval)
• Intended for documents in areas of particular
  interest
• Coordinate systematic periodic reviews of RD
  documents with DOE

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Executive Order 12958 Permanent Historical
Records Review

• Documents marked RD and FRD should be tabbed or
  conspicuously marked to preclude their
  inadvertent release
• Some documents containing RD or FRD information
  may be incorrectly marked

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Potential RD or FRD Information in Documents Not
Marked as Such

• Why the concern
• Pre 1946 documents
• Mismarked
• Records affected
• All NSI collections
• Particular concern with historically significant
  NSI records subject to automatic declassification
• Page-by-page review of records may be required
  for some collections
• Handling of suspect documents
• Prevent automatic declassification
• Protect as CRD, at a minimum
• Follow agency procedures
• RD/FRD recognition training required for reviewers

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Other Considerations

• RD transclassified to NSI
• International exchange limited
• Transmitting RD or FRD to other U.S. Government
  agencies/clearance requirements
• Training requirements
• Coordination with DOE

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Transclassification

• The term Restricted Data means all data
  concerning the
• (1) Design, Manufacture, or Utilization of Atomic
  Weapons
• (2) The Production of Special Nuclear Material
  or
• (3) The Use of Special Nuclear Material in the
  Production of Energy.

But shall not include data declassified or
removed (transclassified) from the Restricted
Data category pursuant to section 142
Section 142.d
(FRD)
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National Security Information(Intelligence
Information)

• Resulting from Transclassification of RD
• CLASSIFIED information concerning the atomic
  energy programs of other nations which has been
  removed from the RD category after DOE and DCI
  have jointly determined that it can be adequately
  safeguarded as defense information.

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NSI Information on Foreign Government Nuclear
Program

• May be exempt from automatic declassification
  under E.O. 12958
• Could actually be RD or FRD if analysis is
  conducted
• Should be referred to qualified reviewer for
  determination

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International Exchange Limitations

• There shall be no exchange or RD or FRD with any
  nation or regional defense organization unless
  specifically authorized by the President pursuant
  to an agreement for cooperation entered in
  accordance with section 123 and subsection 144b
  of the Atomic Energy Act.

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Transmitting RD/FRD to Other Government Agencies

• Sender is responsible for ensuring that
• the receiving facility is cleared for RD or FRD
• the recipient has appropriate clearance and access

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Access Requirements for Agencies Outside DoD
Category Restricted Data Formerly
Restricted Data
Top Secret Q
Q OR TS
Secret Q L
or S
Confidential L L or S
Eligibility for a DOE Q Clearance is based
on a single scope background investigation
(SSBI) Eligibility for a DOE L clearance
is based as a minimum on a National Agency
Check (NAC)
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Access Requirements for DoD (RD or FRD)

• Top Secret or Secret Clearance
• Special CNWDI briefing required

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Training Requirements

• Each person with access to RD or FRD information
  must be trained in procedures for
• classifying
• declassifying
• marking
• handling of the information
• DOE makes training materials available
• DOE will review RD related training materials

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DOE Courses for Other Agencies

• Restricted Data/Formerly Restricted Data Briefing
• DOE Equities Recognition Briefing
• Certification Course for Historical Records
  Restricted Data Reviewers
• Computer-based training for RD Classifiers

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DOE-Other RD/FRDAgency Coordination(10 CFR 1045
Section 1045.3C)

• DOE and each agency with access to RD and FRD
  shall consult periodically
• DOE may conduct on-site reviews for other
  agencies
• By invitation only
• Mutually beneficial
• To address issues concerning implementation of 10
  CFR 1045 only
• Cleared by agencys RD management official

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DOE Points of Contact

• RD Awareness Materials, Briefings or
• Classification Guides......(301)
  903-7567
• Report Compromised or Lost RD (301)
  903-2478
• Verify that a Facility is Cleared
• for RD.[phone]
• Approval for Transmission of RD
• Outside the U.S. ...(301)
  903-4805
• Security Clearance and Access
• Questions....[phone]

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QUESTIONS