INDEX
U.S. Department of Energy ORDER
Washington, D.C. DOE 5634.1B
9-15-92
SUBJECT: FACILITY APPROVALS, SECURITY SURVEYS, AND NUCLEAR MATERIALS
SURVEYS
1. PURPOSE. To establish Department of Energy (DOE) requirements for
granting facility approvals prior to permitting safeguards and security
interests on the premises and the conduct of onsite security and/or
nuclear material surveys of facilities with safeguards and security
interests.
2. CANCELLATION. DOE 5634.1A, FACILITY APPROVALS, SECURITY SURVEYS, AND
NUCLEAR MATERIAL SURVEYS, of 2-3-88.
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 implemented by the appropriate contracting officer.
4. BACKGROUND. DOE shall assure that all facilities eligible to receive,
process, reproduce, store, transmit, or handle classified matter or
special nuclear material (SNM) have been granted facility approval
prior to permitting access to such matter or material.
5. POLICY. DOE special nuclear materials (SNM) and classified interests
shall not be permitted on premises occupied by DOE and/or its
contractors, subcontractors, consultants, or other organizations
performing work for the DOE until facility approval is granted.
Activities involving the possession, use, and production of nuclear
materials and classified matter shall be afforded appropriate levels of
protection to prevent unacceptable adverse impact to national security
or the health and safety of the public.
6. CONCEPT OF OPERATIONS. DOE's policy for approving facilities and
conducting surveys to ensure satisfactory safeguards and security of
DOE interests apply equally to all Departmental Elements, contractors,
subcontractors and consultants. However, this policy is implemented at
a wide range of facilities, and site- and program-specific
characteristics must be considered to assure that Departmental
safeguards and security interests are provided appropriate and
cost-effective protection. In order to allow for effective
implementation of Departmental policy on a site-specific or
program-specific basis, an exception mechanism is provided that allow
facility approval and survey programs to be tailored to address these
specific requirements. The exception procedures are outlined in DOE
5630.11, SAFEGUARDS AND SECURITY PROGRAM.
a. Information and requirements regarding cover operations are no
longer provided in this Order. The nature of these sensitive
classified interests require specialized instructions which shall
be provided by the Director of Safeguards and Security (SA-10) on
an as needed basis.
b. Initial facility approval shall be based upon a determination that
satisfactory safeguards and security can be afforded DOE
interests. Such determination shall be based upon initial and
periodic onsite nuclear materials and/or security surveys
conducted by DOE safeguards and security personnel, and upon
written security and material control and accountability plans
approved by the cognizant field element or, in the case of
Headquarters, by SA-10.
c. DOE will determine whether, and to what extent, any contractors
performing or proposing to perform work which will involve access
to classified information or significant quantities of SNM (as
defined in Title 10 Code of Federal Regulations (CFR) 710), are
foreign owned, controlled, or influenced. In addition, DOE shall
determine on a case-by-case basis whether any degree of foreign
ownership, control, or influence might constitute a basis for the
compromise of classified information, unauthorized access to or
use of SNM, or other related adverse impact on the national
security. To assist in these determinations, DOE will use
information provided by the contractor in accordance with
Department of Energy Acquisition Regulation (DEAR) 952.204-73,
"Foreign Ownership, Control, or Influence Over Contractor
(Representation)." The contractor shall also execute a
certificate which indicates that the information, provided in
accordance with the DEAR clause identified above, is accurate,
complete, and correct.
d. Onsite nuclear materials and/or security surveys shall be
conducted initially and periodically thereafter, at intervals
specified in this Order, to ensure satisfactory safeguards and
security of DOE interests. Surveys of each site for which a
Master Safeguards and Security Agreement (MSSA) has been written
shall be conducted in such a manner as to be consistent with MSSA
requirements.
7. REFERENCES. See Attachment 1.
8. DEFINITIONS. See Attachment 2.
BY ORDER OF THE SECRETARY OF ENERGY:
DOLORES L. ROZZI
Director of Administration
and Human Resource Management