INDEX
CHAPTER IX
VIOLATIONS AND INFRACTIONS
1. VIOLATIONS. DOE and its contractor personnel are subject to certain
sanctions if they violate the classified information provisions of the
Atomic Energy Act of 1954, as amended; Executive Order 12356, its
predecessors and successors; or their implementing directives.
a. Atomic Energy Act of 1954 as amended. Employees of the U.S.
Government or contractors, past or present, are subject to
criminal prosecution when they violate certain provisions of the
Atomic Energy Act of 1954, as amended, pertaining to the
unauthorized dissemination of RD or FRD. If a DOE or DOE
contractor employee fails to comply with the provisions of this
Order, and if such noncompliance results in or could result in
(1) lawfully or unlawfully, having possession of or access to
information or other items that incorporate or involve RD or
FRD and communicating, transmitting, or disclosing to any
person, or attempting or conspiring to do so with the intent
of injuring the United States, believing that the information
or other items will be used to injure the United States;
(2) acquiring or attempting or conspiring to acquire any
information or other items that contain or involve RD or FRD
with the intent to injure the United States or with the intent
to secure an advantage with a foreign nation that desires to
injure the United States;
(3) knowingly communicating or attempting or conspiring to
communicate any RD or FRD, knowing or having reason to believe
that such data is RD or FRD, to any person not authorized or
believed not to be authorized access to RD or FRD, the
employee will have violated the Atomic Energy Act.
b. Executive Order 12356. Sanctions for violating Executive Order
12356 include reprimand, suspension without pay, removal,
termination of NSI classification authority, loss or denial of
access to NSI, or other sanctions in accordance with applicable law
and agency regulation. Officers and employees of the U.S.
Government and its contractors, licensees, and grantees are subject
to appropriate sanctions if they:
(1) knowingly, willfully, or negligently disclose to unauthorized
persons information properly classified as NSI under Executive
Order 12356 or predecessor orders;
(2) knowingly and willfully classify or continue the
classification of information as NSI in violation of Executive
Order 12356 or any implementing directive; or
(3) knowingly and willfully violate any other provision of
Executive Order 12356 or any implementing directive.
2. INFRACTIONS. If a DOE or DOE contractor employee fails to comply with
the provisions of this Order, and if such noncompliance results in or
could result in (1) failing to classify information, documents; or
material; (b) misclassifying information, documents, or material; or (c)
classifying or declassifying information, documents, or material without
authority, the employee will have committed a security infraction. A
DOE employee who commits such an infraction is subject to administrative
penalty as outlined in DOE 3750.1, WORK FORCE DISCIPLINE; a DOE
contractor employee who commits such an infraction is subject to such
penalty as the contractor may impose.
3. REPORTING REQUIREMENTS.
a. Incidents of Significant Security Concern. The Head of the
Departmental Element within which an incident of serious security
concern occurs shall make an immediate oral report to SA-10 and
SA-20 in accordance with DOE 5000.3A, OCCURRENCE REPORTING AND
PROCESSING OF OPERATIONS INFORMATION, and shall submit the required
written security incident reports as soon as possible thereafter.
SA-10 shall report violations of the Atomic Energy Act pertaining
to RD or FRD to the Federal Bureau of Investigation and violations
of Executive Order 12356 concerning NSI to the Information Security
Oversight Office.
b. Other Violations and Infractions of Security Concern. Heads of
Departmental Elements shall promptly report other violations and
infractions of security concern within their elements to the
Directors of SA-10 and SA-20 in accordance with DOE 5631.5,
VIOLATIONS OF LAWS, LOSSES, AND INCIDENTS OF SECURITY CONCERN.
4. CORRECTIVE ACTIONS. Heads of Departmental Elements wherein violations
and infractions occur shall take prompt and appropriate corrective
action, including action to prevent recurrence.