INDEX
PART D - ORIGINAL CLASSIFICATION OF
NATIONAL SECURITY INFORMATION
1. AUTHORITY. An Original Classifier may originally classify NSI within
his or her programmatic jurisdiction at any classification level up to
and including the level (Top Secret, Secret, Confidential) of the
Original Classifier's authority whenever classification guidance or
relevant classified source documents are not available.
2. PROCEDURES. The following questions must be considered as part of every
original classification determination. Refer to Figure X-2, page X-28,
for an idealized summary of this process.
a. Is the information within the classifier's programmatic
jurisdiction?
(1) If the answer is "no," the information should be forwarded to
the classifier's local classification office for coordination
with the Departmental Element or contractor organization
having Original Classification Authority over the information
in question.
(2) If the answer is "yes," go on to the next question.
b. Is the information already classified according to a classification
guide or a classified source document (e.g., memorandum, formal
report)?
(1) If the answer is "yes," use the classification guide or source
document as the basis for a derivative classification
determination (refer to Chapter X, Part E, pages X-29 thru
X-32, of this Order for instructions on how to make a
derivative classification determination).
(2) If the answer is "no," go on to the next question.
c. Is the information declassified RD or FRD?
(1) If the answer is "yes," the information is prohibited from
being reclassified as NSI (or RD or FRD) by section 146 of the
Atomic Energy Act.
(2) If the answer is "no," go on to the next question.
d. Is the information being proposed for original classification
solely to conceal violations of law, inefficiency, or
administrative error; to prevent embarrassment to a person,
organization, or agency; to restrain competition; or to prevent or
delay the release of information that does not require protection
in the interest of national security? Does the information concern
basic scientific research information not clearly related to the
national security?
(1) If the answer to either of the above questions is "yes," the
information is prohibited from being classified, but other
dissemination restrictions may apply.
(2) If the answer to both the above questions is "no," go on to
the next question.
e. Does the information concern: (1) military plans, weapons, or
operations; (2) the vulnerabilities or capabilities of systems,
installations, projects, or plans relating to the national
security; (3) foreign government information; (4) intelligence
activities (including special activities), or intelligence sources
or methods; (5) foreign relations or foreign activities of the
United States; (6) scientific, technological, or economic matters
relating to the national security; (7) U.S. Government programs for
safeguarding nuclear materials or facilities; (8) cryptology; (9) a
confidential source; or (10) any other category determined by the
President or an agency head as requiring protection under Executive
Order 12356?
(1) If the answer is "no," the information cannot be classified,
but other dissemination restrictions may apply.
(2) If the answer is "yes," go on to the next question.
f. Would disclosure of the information cause damage to the national
security?
(1) If the answer is "no," the information cannot be classified,
but other dissemination restrictions may apply.
(2) If the answer is "yes," go on to the next question.
g. What degree of damage to the national security could be reasonably
expected if the information were not classified?
(1) The following table correlates the degree of damage to the
national security that could be reasonably expected if the
information were not classified and the classification level
that should be assigned to the information:
------------------------------------------------------------
| DEGREE OF DAMAGE | CLASSIFICATION LEVEL |
|---------------------------------|------------------------|
| No Damage | Unclassified 1/ |
|---------------------------------|------------------------|
| Some Damage | Confidential |
|---------------------------------|------------------------|
| Serious Damage | Secret |
|---------------------------------|------------------------|
| Exceptionally Grave Damage | Top Secret |
|_________________________________|________________________|
_________________________
1/ "Unclassified" is not a classification level but is included here for
completeness.
(2) Unauthorized disclosure of foreign government information, the
identity of a confidential foreign source, or intelligence
sources or methods is presumed to cause damage to the national
security.
(3) If, as indicated in the above table, no damage to the national
security could be reasonably expected if the information were
not classified, then the information cannot be classified.
(4) If at least some damage to the national security could be
reasonably expected if the information were not classified,
then the information should be classified at the level
indicated in the above table. Go on to the next question.
h. Is it possible to specify at the time of original classification a
future date or event at which time the information will no longer
cause damage to the national security if released and may be
declassified?
(1) If the answer is "yes," the date or event for automatic
declassification of the information should be specified as
part of the original classification determination.
(2) If the answer is "no," then the fact that the Originating
Agency's Determination (is) Required (OADR) should be
specified as part of the original classification
determination. This indicates that the information will
remain classified until an appropriate Original Classifier
determines that the information may be declassified. (Refer
to page V-4, Chapter V, Part A, paragraph 4g(2)(b), for a
description of how an Original Classifier may originally
declassify certain NSI.)
3. REPORTING REQUIREMENTS.
a. The Original Classifier shall report each original classification
determination to SA-20 as soon as possible using the format at
Attachment X-3 or any other format containing the same information.
The originator of this report shall review it for classification;
if the report is not classified, it will be marked "Official Use
Only."
b. Since it is DOE policy to maximize the use of classification guides
and minimize the number of original classification decisions, the
primary purpose of this reporting requirement is to assist in the
identification of emerging subject areas concerning NSI which
require the preparation of formal classification guides. This will
allow information identified as NSI by one Original Classifier to
be identified by all Authorized Classifiers within DOE, providing
complete and consistent protection to the information involved.
**** NOTE:
ATTACHMENT OF FIGURE X-2 - ORIGINAL CLASSIFICATION OF NATIONAL SECURITY
INFORMATION (PAGE X-28) IS NOT INCLUDED DUE TO ITS FORMAT.