INDEX
PART G - DETERMINATION OF THE CLASSIFICATION
OF DOE RESEARCH AND DEVELOPMENT ACTIVITIES
1. RESTRICTED DATA/FORMERLY RESTRICTED DATA. The first step in the
evaluation of the classification status of a DOE R&D activity is to
determine whether it has the potential for using or generating RD/FRD.
Under the Atomic Energy Act, very broad areas of nuclear-related
information were originally classified as RD. However, significant
amounts of this information have been removed from the RD category
pursuant to section 142 of the Atomic Energy Act. Some of this
information has been transclassified to FRD or NSI and is still under
classification control; some has been declassified. Most specific
information that has been transclassified or declassified is identified
in DOE program or local guides. General subject areas that have been
declassified pursuant to section 142a of the Atomic Energy Act are
identified in the "Guide to the Declassified Areas of Nuclear Energy
Research" (CG-DAR-1). This guide contains a description of all general
R&D subject areas that were once RD/FRD, but which have been
declassified. The following questions must be answered as the first
step in determining the classification status of any DOE R&D activity.
Refer to Figure X-5 for a summary of this process.
a. Does any part of the activity fall within the scope of the
definition of RD?
(1) If the answer is "no," the activity has virtually no potential
for using or generating RD/FRD. Go to Figure X-6, Step 2,
"National Security Information," page X-39.
(2) If the answer is "yes," go on to the next question.
b. Does the entire activity fall within the scope of general subject
areas that were once RD/FRD, but that are now declassified, as
described in CG-DAR-1?
(1) If the answer is "yes," the activity has virtually no
potential for using or generating RD/FRD. It is a candidate
for Category I.
(2) If the answer is "no," go on to the next question.
c. Does the entire activity as currently described fall within the
scope of unclassified topics found in DOE program or local
classification guides?
(1) If the answer is "yes," the activity is currently unclassified
but has the potential for using or generating RD/FRD because
it does not fall within a declassified area of nuclear
research. However, in special cases SA-20 may make the
determination that it is a Category I activity, provided step
2 of this process does not reveal Category III NSI R&D
activity. Go on to step 2.
(2) If the answer is "no," the activity is classified and has a
strong potential for using or generating RD/FRD.
2. NATIONAL SECURITY INFORMATION. The second step in the evaluation of the
classification status of a DOE R&D activity is to determine whether it
has the potential for using or generating NSI that is classified
pursuant to Executive Order 12356. Unlike RD, NSI is not classified
until an explicit decision is made by someone with the required
authority (Original Classification Authority) to determine that it
should be classified. The following questions must be answered as the
second step in the determination of the classification status of any DOE
R&D activity. Refer to Figure X-6 for a summary of this process.
a. Does the activity fall totally within the exclusive programmatic
jurisdiction of DOE?
(1) If the answer is "no," the determination of the classification
status of the DOE R&D activity under review must be forwarded
to SA-20 for possible interagency coordination. (Note: A
recommendation should be made concerning the Departmental
aspects of the work at the time it is forwarded to SA-20, so
proceed to the next question.)
(2) If the answer is "yes," proceed to the next question.
b. Does any part of the activity fall within the scope of classified
topics of DOE program or local classification guides?
(1) If the answer is "yes," the activity is classified and has a
strong potential for using or generating NSI.
(2) If the answer is "no," the activity is not classified
according to current guidance, but consideration should be
given to categorizing the activity as having some potential
for using or generating NSI. Go on to the next question.
c. Will the activity use or generate only information that has been
specifically and formally removed from the RD category and
declassified pursuant to section 142a of the Atomic Energy Act?
(1) If the answer is "yes," all information in the activity is
prohibited from being reclassified as NSI (or RD or FRD) by
section 146 of the Atomic Energy Act and, as a result, the
activity belongs in Category I.
(2) If the answer is "no," go on to the next question.
d. Will the activity use or generate any information that concerns:
(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) another category determined by the President or an
agency head, or other officials who have been delegated Original
Classification Authority by the President, as requiring protection
under Executive Order 12356?
(1) If the answer is "no," the activity has virtually no potential
for using or generating NSI (unless as determined under the
conditions described on page IV-1, Chapter IV, Part A,
paragraph 2a(1)(j)).
(2) If the answer is "yes," go on to the next question.
e. Will the activity use or generate information in the above
categories, the unauthorized disclosure of which reasonably could
be expected to cause damage to the national security?
(1) If the answer is "no," the activity has virtually no potential
for using or generating NSI.
(2) If the answer is "yes," the activity is classified and has
great potential for using or generating NSI.
(3) If the answer cannot be determined at this time, the activity
still has the potential for using or generating NSI.
3. DETERMINATION OF PROGRAM CLASSIFICATION STATUS CATEGORY. On the basis
of the analysis performed in the two steps described above, the third
step in determining the classification status category of DOE R&D
activities can be performed. Application of Figure X-7 to the results
of steps 1 and 2 determines whether a program is in Category I
(unclassified), Category II (unclassified, but potentially classified),
or Category III (classified).
**** NOTE:
ATTACHMENT OF FIGURES X-5 & X-6 & X-7 - R&D ACTIVITY CLASSIFICATION
STATUS STEP 1 & 2 & 3 - (PAGES X-38, X-39, AND X-40) ARE NOT INCLUDED
DUE THEIR FORMAT.