INDEX
CHAPTER III
POLICY AND OBJECTIVES
1. 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 FRD, which are
classified at their inception pursuant to the Atomic Energy Act, and
NSI, which is classified pursuant to Executive Order 12356.
2. RESTRICTED DATA AND FORMERLY RESTRICTED DATA.
a. Pursuant to the Department of Energy Organization Act and the
Energy Reorganization Act of 1914, 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 FRD 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 Energy 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
"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.)
3. NATIONAL SECURITY INFORMATION.
a. Pursuant to Executive Order 12356 (see Chapter X, Part B, paragraph
1) and the Presidential Order of 5-1-82, "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:
(1) 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-10 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 classification is in English, no additional U.S.
classification 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 5635.1A, 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.
6. 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.