INDEX
PART G - CLASSIFICATION REVIEW OF NEWLY GENERATED DOCUMENTS
1. GENERAL.
a. The following procedures apply to the classification review of all
newly generated documents. Variations in the review process are
based on the following factors:
(1) Originator (DOE/non-DOE);
(2) Format;
(3) Purpose;
(4) Intended distribution;
(5) Originator's security clearance;
(6) Originator's classification authority; and
(7) Subject area.
b. It is DOE policy to provide formal classification guidance whenever
possible. However, the absence of a topic in a guide is not
sufficient justification to declare a document unclassified.
c. Determination that a document is unclassified does not mean it can
be released to the public. Other factors; e.g., UCNI, FOIA
exemptions, NNPI, Privacy Act exemptions, Patent Secrecy Act, and
patent clearance review, may limit the releasability of all or part
of the document.
2. DOCUMENTS ORIGINATED BY DEPARTMENTAL ELEMENTS OR DEPARTMENTAL CONTRACTOR
PERSONNEL. These procedures apply to all documents originated by DOE or
DOE contractor personnel who possess valid security clearances. SA-20
or Heads of Field Elements may exempt specific categories of documents
or subject areas from these procedures.
a. Documents That Concern Category I Activities or non-R&D subjects
having no potential for using or generating classified information
do not require classification review. However, it is the
originator's responsibility to refer questionable cases to an
Authorized Classifier.
b. Documents That Concern Category II or Category III Activities or
non-R&D subjects having a potential for using or generating
classified information must be reviewed by an Authorized
Classifier. Such a review is sufficient for documents that the
Authorized Classifier determines (1) to be classified or (2) to be
unclassified, but which will receive limited distribution.
Examples of such unclassified but limited distribution documents
include most letters, memorandums, internal analyses, and planning
documents.
c. Documents Intended for Widespread Distribution or Public Release.
A DOE contractor classification office or SA-20 must review all
documents, regardless of format, that concern Category II, Category
III, or other classified program areas and are intended for public
release or such widespread internal distribution that public
release is likely. Heads of HQ and Field Elements may delegate
this authority to specified Authorized Classifiers. Formal
reports, journal articles, press releases, speeches, and conference
papers are examples of this type of document.
d. Oral Presentations. The review requirements described in
subparagraphs a, b, and c, above, are also applicable to any oral
presentations, including speeches, briefings, or interviews, to be
made by DOE or DOE contractor personnel. Whenever possible, the
speakers should use prepared texts, reviewed in accordance with the
requirements outlined above. When such prior review is not
possible, or when extemporaneous remarks are likely, local DOE or
DOE contractor classification office representatives will prebrief
the speaker on classification guidance pertinent to the
presentation subject matter, including danger areas in
post-presentation discussions.
3. DOCUMENTS ORIGINATED BY OTHER THAN DEPARTMENTAL ELEMENTS OR DEPARTMENTAL
CONTRACTOR PERSONNEL. The following procedures apply to documents
submitted by other than DOE or DOE contractor personnel with (a) active
DOE or other Government agency security clearances, (b) inactive
security clearances issued by DOE or other Government agencies, or (c)
no security clearance.
a. Documents written by persons with active security clearances are
subject to the requirements described in paragraph 2, above. The
local DOE or DOE to contractor classification office or SA-20 will
conduct the classification review and will request that any
classified or unclassified but controlled information be removed
from the document prior to its unclassified publication.
b. Documents written by persons who have had but no longer have a
security clearance will normally be treated as outlined in
subparagraph 3a, above, unless the document deals with information
to which the author previously was not authorized access. Those
cases will be referred to SA-20.
c. Documents originated by persons who never had a security clearance
shall be referred to SA-20. The originator may be informed of this
referral without further elaboration.
4. REVIEW OF DOCUMENTS (PATENT APPLICATIONS AND REPORTS) REFERRED UNDER
SECTION 151 OF THE ATOMIC ENERGY ACT.
a. Reports of inventions and discoveries useful in the production and
utilization of special nuclear material or atomic energy and
concerning Category II or Category III R&D activities shall be
forwarded by the Assistant General Counsel for Patents (GC-42) to
SA-20 and reviewed to determine whether the reports contain
classified information.
b. Patent applications referred to GC-42 by the Commissioner of
Patents and Trademarks under section 151d of the Atomic Energy Act
and forwarded to SA-20 shall be reviewed to determine whether they
contain classified information.
c. Both reports of inventions and patent applications shall be handled
in accordance with section 151e of the Atomic Energy Act, shall be
kept in confidence by DOE, and shall not be referred to a
Responsible Reviewer for classification review without express
written approval of GC-42.
5. WAIVER OF REVIEW REQUIREMENTS. The classification review requirements
described in this part may be waived on a case-by-case basis by SA-20.