[FEDERAL REGISTER SAFEGUARDING OF RESTRICTED DATA DEPARTMENT OF ENERGY PROPOSED RULES]

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP96M01138R000400060068-6
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 8
• Document Creation Date: December 21, 2016
• Document Release Date: November 22, 2005
• Sequence Number: 68
• Publication Date: June 11, 1979
• Content Type: OPEN

0 UN CLASS I FI EllprovecD JANA 2005/12/14: CIA-REDMAN iNt10060068-C] SECRET
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Acting Chief,/Polley and Pans
Office of Security, 4E-70, Rifts.
DATE
2 JUL 1979 -
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
INITIALS
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
RECEIVED
FORWARDED
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DL PARTMENT OF ENERGY
Office of the Secretary
le CFR Part 795]
I )
^
Safeguarding of Restricted Data
AGENCY: Department of Energy (DOE).
ACTION: Proposed Rule.
?
soi.amsee: The Department,of Energy --
proposes a revision of 10 CFR Part 795
which concerns the requirements for the
safeeitarding and transmission of Secret
and Confidential Restricted Data. part
795 is applicable to all persons who ?
receive or generate Restricted Data .
under an Access permit issued pursuant ?
to the regulations in Part 725 "Permits ?
for access to Restricted Data" of 10 CEIL
Chapter III. ? . - ? ? ?
?Continual upgrading of security
procedures by DOE. both for DOE held--
Restricted Data and that data held by
POE contractors, has left a considerable
cap between these procedures and Part
:.95. In addition:areas StiO as automatic
data. peocessing systems are not within
hc scolie of .the present Part 795.1n an "
effort to update and upgrade Part 795,
?his revision is proposed... ?- -
The changes vary in complexity and
Telatc in genera! to the following-
matters: new definitions; submission of
erocedures hy access permit holders; ?
eretection of Restricted Data in storage;
estabiisliment of security areas; ? ,
nialifieation of protective personnel;
rtification of DOD and NASA
_e?rsonnel; preparation and transmission
eless!fied documents; shipment of
-lassifIod material; security of automatic
ta processing systems; and reports on ?
?oleign travel.
:Arcs: Comments roust be received on ? '
o be fore July 11, 1979. ?. -
wor-lesses: Comments should be sent ?
Ceerge Weisz, Director, Office of
se feecerds and Security. Department of
neren.e e0 Massachusetts Avenue, NW,
Vashinetore D.C. 20515. [phone].
OR FURTriFii INFORMATION CONTACT: W.
?. C,iihert, Jr., Chief. Programs and
Pro nub. Office of Safeguards and
?e?ur?ity, U.S. Department of Energy,
,..isi:iieeten. 1) C. 2UA5, 301/353-5690,
E.f.1?:strARY ;NFOnmATION:
chaos,es to 10 CFR Part 795
b would be effected by the ?
reposed revision are as fclloWs:
1. eh:RDA" and the titles of former
PA of.flcia Is Would he changed to
)0E" and the titles of comparable
(Ji uff..i1s throughout the Part
2. D'efinitioos of ehe f,,Ilowing, terms
would be added for clarity of the-
. .. ? ?
succeeding text.
? 795.3(c) Automatic data processing
system - ?
(d) Authorized derivative classifier
(e) Data ' .
?
(j) General Counsel
(k) Guard ? ' ?
(1) Information f "
? (n) Material ?
(o) Matter .7' ? ?
(s) Protective Personnel....
? (x) Security container. . .
(y) Security inspector --
3. The requirements of ? 79521(a) and
795.21(b) for protection of Restricted ? .
Data in storage would be upgraded for
comparability with DOE standards
established under the authority of the.. -
Atomic Energy Act of 19'54, as aniended.
4. New ? 795.21(1) and 795.21(g) would
provide additional 'procedural guidance
.for the selection and admiaistrative ? e.
control of lock combinations..:' 2.-.
5. New ? 795.21(h), 795.21(i), and
795.21U) would provide additional'
procedural guidance for the surveillance
and protection of unattended security
. -
repositories. ? . .
6. New ; 795.25(c) and 2715.25(e) would
provide qualification standards for ? ?
security inspectors employed for the .
protection of Restricted Data.
7. Suction 795..31 would be revised to
provide amplified guidance for the
control of access to Restricted Data by
employeespf the DOD or NASA. -. :
t. Sections 705.32(c), 795.3(d), and
795.32(e) would he revised to provide. -?
amplified guidance for the classification
marking of Restricted Data documents.
including drafts and letters of
. transmittaL ? .
9. Section 795.33(d) would be revised
to delete methods of transportation no -
longer available, to add additional
authorized alternate methods of'
transportation, and to provide" .? ?-?":
additional guidance for the protection of
Rest icted Data in transit:
10. New ? 795.38 would add the
requirement that ADP systems used for
processing of Restricted Data must be -
approvedby DOE. ?
11. New ? 795.43(c) would require
reports to DOE of travel to Soviet-bloc
countries by Access PcrmiItce
employees who have hint access to C-24
category of in
Interested persons are invited to. ? .
submit written comments with respect "e?
to the proposed resulatioes to the
address provided Ay e. Cerronents
should be identified on the outside of
the envelope and on the documents
sitlanitted to DOE with the designation
"Safeguardiog of Restricted Data." :
Fifteen (15)eophei Aonld he received by
DOE by the drAline specified. in order
to ensure consideration; .
In accordance with sectioo -,01(c)(1) of
the Department of Energy Organization
Act, DOE has determined that these
regulations present nnsubstantia! issue
of fact or law, and are unlikely to have a
substantial impact on the economy Or ?
large numbers of individuals or
businesses': Accordingly, no public ? .
hearing is required, , ? ? ?
- Since this document is unlikely. to
h.ave any significant effect on the , .
'environment, DOE has determined that
_the provisions of section 7(a)(2) of the
Federal Energy Administration Act, as
'amended, requiring that proposals
having such effect be submitted to the.
Environmental Protection Agency for
review and comment, does not apply.
DOE has determined that this .
document does not contain a rna jor
proposal requiring preparation of an
? inflation impact statement under
Executive'Order 11621 and OMB
Circular A-107. - ?
..?
(Atomic Energy Act of 1954, al'ameriderl.
Section 1 WA., 68 Stat. 948, 42 U.S.C. 2201;
Enorgy Reorganization Acrof 1974, Sec.tion
104, 88 Stat. 1237, 42 U.S.C. 5814 and Section
165,88 Stat. 1238,42 13.S.. 5815; Department
of Energy Orgnization Act; Section 301, 91
Suit. 577,42 U.S.C. 7140 and Section 641, 91 .
Slat. 593, 42 U.S.C. 7251)
Dated at Washirgton, this 14, Of ?.fay
1979. ?
Duane C. Smell,
Assistant Secretary for Pefedse Pro,yrnros.
In accadaime with the foroming. it is
proposed that Part 795 of 10 CFR
Chapter III be revised as set forth
_below.
PART 795-SAFEGUARDING OF
RESTRICTED DATA
,
General PrOvisirms '
?
Sec.
795.1 Purpose.
795.2 Scope.
795.3 Definitions.
795.4 Communications.
...795.5 Submission of procedures by Access
Permit holder. -
795.6 Specific waivers.
795.7 Interpretation.
Phy sical Security
795 21 Protection of Restricted Data in
storage.
795.22 Protection while in use. ?
795.23 EstatiliOinient or security, areas.
795.24 Special kinds of classified rfiateliill.
795.25 Protective personnel.
_Control of 1r-dor:nation
795.31 Access to F.:strii.ted na!a. -
79532 Clastafication and c,repara:ien of
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to classify information. work projects, ,
0alsiti2n43, clikukefsalblmircoo
Secret or Coroidentia. Restrictes. q?
- - (e) "Data" Imaris all information and
material containing Restricted Data, ?
ineltaiing any such biota or concepts set
,forth by art ADP system:. .
(f) "Document" meant any piece of
recorded information regardless of its
phyaica! form Or characteristics. .
(g) "DOD" means the Department of
Defease or its duly authorized .
.
representatives. . s. a
(h) "DOE". means the Department at, . :.
795.33 External transralsa:on or doc,,,,n,s
79.5.?3!:.-AR'c*:-AP,KR,ersir F,11"Wp..42
?
? V.ericti,d na:a: '
7S5.35 Ac ori to reproduce. .
705.3,i Changes in, rla isincation.
795.37 Des tructIon of cl..?curnents or material
- containThg Restricted Data.
795.38 SeeeritY of a Ocilla tie data processing
? ;systems. ?
795.30 Sieyeason or revot.ation of access
suthorizatimi.
795.40 Expiration, suspension or revocation
of Ae;:es Permit.
795.41 Termination of employment or
change of duties.
795.4? Continued applicability or the
regulations in this pat t.
795.43 Reports.
795.41 fre,pention.
795.45 Violations,
Authority: The provisions of Part 795 are
issued under the Atomic Energy Act of 1954,
85 dtnr:Idt:d. Se:Ctitin 161.i., 68 Stat. 943, 42
U.S.C. 2201; Emagy Reorganization Act of
1974, section 194, 88 Stat. 1237, 42 U.S.C. 5814
and section 165, 88 Stat. 1238, 42 U.S.C. 5315:
-Department of Energy Organization Act.
section 301. 91 Stat. 577,42 U.S.C. 7140 and
section 541. 91 Stat. 593, 42 U.S.C. 72511.
General Provisions
?
? 795.1 Purpose. ?
?, The regulations in this part establish
requirements for the safeguarding of;
Secret and Cnnfidential. Restricted Data
received or developed under an Access
Permit. This part does not apply to other
categories of classified information.
- '
? 795.2 Scope.
.The regulations in this part apply to
'persons who receive access to
Restricted Data or develop Restricted
Data under an Access Permit issued in
accordance with the regulations in Part
725 of this chapter.
? 795.3 Definitions. ?
(a) "Access authorization" means an
administrative determination byDOE
that an employee of DOE. a DOE,
contractor or subcontractor, an
employee of a contractor or
subcontractor of another Federal
agency. an Access Permittee, or an
employee of an Access Permitteb is
eligible for ar:cess to Restricted Data.
(b) "Act" means the Atomic Energy
Act of 1954 (63 Stat. 919), including any
amendments thereto. , _
(c) "Automatic data processing" ?
means data processing largely .
performed by en automatic system of
electronic or electrical machines :-
including input. prucessinn, and output :
operetions. ? ; a ? a
- (d) "Authorized Derivative Classifier".
means an individual who has been
designated and authorized by Competent
Department of Energy moEj authority
a
1
? production of sperdal nuclear materia
4ele ormr-Gor special nuclear mate
in the production of energy. but shell
'include data deciaaaified or removed
from the Restricted Data category
pursuant to section 142 of the Act.
? (v) "Security area" means a physic,
&Reed space coamining classified
matter and stibent to physical ?
protection and persreal access contr.
(w) "Security chearaace" means an
eadministrative.deteemination by DOE
-.that etneloeee of another Federal
irive .ineat (as opposed to 5 tate and
local) agency i; eligible for access to
Restricted Data:
(x) "Seceeity contrdr.er" means any
the following reposisaries:
(1).4 security filirg crbinet ?a met'
security container or a type approved
the General Services Administration
the stc:rage of classified matter and
marked "General Services
Administration Approved Security
Container". This container meets the
Class 1 standards of Federal
Specification AA-F-357, the Class 5
standards of Federal Snecification At
F-358, or the Class 5 standards of
_ Federal Specification AA-F-363.
. (2) /I score--a metal security contair
of a type approved by the General
Services Administration for the stora,
of classified matter and-marked
"General Services Administration .
Approved Security Container", this
container meets the standards of ,
Federal Specification AA-S-1 518A.
(3) A vca!t?a penetration-resistant
windowless enclosure which: (i) has
? walls, floors and ceiling substantially
constructed Cf materials which afford
forced penetration resistance at least
equivalent to that of 8 inch thick -
reinforced concrete; (iil has arty
openings greater than 9,3 square inche
in area and over 6 inches in the small
dimension protected by imbedded ste
bars at least % inches in diameter on
, inch centers both horizontally and
vertically; (iiilhas a built-in
combination locked steel door which i
existing structures is at least 1" thick.
exclusive of bolt work and locking
devices and which for new stmictureS
least meets the class 5 standards of
Federal Specification AA-D-600}3.
(4) el scuiity room?one ha v ins
combination-locked door(s) and
protected by a DOE-approved intrusio.
alarm system actuated by arty
penetration of walls, floor, ceiling or
openings, or by motion within the moon
(y) "Security inspector" means a
uniformed individual who is authnrize,
under appropriate state or local
authority to carry firearms and who is
Energy or its duly authorized
: ? ? e ? .'
..
? representatives. . ..
: 0) "DOE approved" means approved
by the responsible DOE safeguards and
y office. .
.
(j) "General Counsel" is the principal
Attorney of the Department of Energy.
-Pc
. ) "Guard" nieans an individual, not -
necessarily uniformed, who is employed
for, and charged ?vith, the protection of
classified matter or Government
turn-Gun", or aerosol irritants.
property. Guards shall be armed with
eon-lethal weapons such as billy-club,
(I) "Infcrmation", when automatic
data processing is involved, means a -
representation of facts or concepts
producted by an ADP system.
, (m) "L(X) access authorization"
means a determination by DOE that an.
Individual is eligible for access to ? - ?
Confidential Restricted Data under an
Access permit. - T n . , ?
? ' (n) "Material" means chemical
substances, fabricated items,_
assemblies, machinery, or equlpmenL
' ? (o) "Matter" means documents or
? material.
(p) :NASA" means the National -
'Aeronautics and Space Administratiort.
or its duly authorized representatives.
(q) "Permittee" means the holder of an
Access Permit issued pursuant to the ?
regulations in part 725 of this chapter.
(r) "Person" means (1) any individual,
corporation, partnership, firm, - ?
association, trust, estate, public or
'private institution, group, Goverarnent
- agency other than DOE, any State or
. any political subdivision of, or any
? political entity within a State, or other
entity; and (2) any legal successor, -
representative, representative, agent or
agency of the foregoing. ' . ? - -
? (s) "Protective personnel" means ? ,
guards or security inspectors. _
(t) "Q(X) access authorization" means
a determination by DOE that an - a ? ?
Individual is eligible for access to secret
- and Confidential Restricted Data under
art Access Permit. . - ?
(a) "Restricted Data" means all data
concerning (1) design, manufacture or _ ,
utilization of atomic weapons; (2) the
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employed for, and charged wit e
protection of classified matter.
(z) "United States" wher used in
eeographicai sense, includes eU -
Territories and Possessions of the .
United States, the Canal Zone and E,
Puerto Rico. ; ? -,-,
? 795.4 C...oilmualc.ations. ? ,
Communications concerning rule
makine. he.. petition to change Part 795,
should be addressed to the Assistant
Secretary for Defense Programs, U.S.,
Department of Energy. Washington, D.C.
'20545. Alt -other communications ?
concerning the regulations in this part ?
should be addressed to the Department
of Energy at the USDOE Operations -
Office (listed in Appendix ''B" of 10 CFR
Part 725) administering access permits -
for the geographical area. ? ?
. .
*795.5 Suto-ntsston of procedures by
Access Permit holder. , ? --.
A Pernintee is granted access to .
Restricted Data only after: , - ?
(a) submission to the Department or,.
Energy field office administering the
permit of a copy of his procedures for e
the safeguarding of Restricted Data and ?
for the safeguards and security ?
educution of his employees, and ? . ??
(b) Detet-mination by the Manager of
the Field Office or his designee and
advice in w?iting.to the Permiltve that '
the procedures for the safeguarding of
Restricted Data comply with the ?
regulations in this part and the -
procedures for the safeguards and ?
security education of employees assure
that all employees who will have-access
to Restricted Data will be informed- -
about and understand the regulations in
this part. - ?
? 795.6 Specific waivers..
DOE r:(4, upon application of any
interested party, grunt such waivers ?
from the requirements of this part as it
determines are authorized by law and
will not constitute and undue risk to the
common defense and security.
? 7951 Interpretation. , .
ENcept as specifically authorized by
DOE in s it innu interpretation of the
muuning of the regulations in this part
by any offiisir or employee of DOE other
than a %vritten interpretation by the
?Cc-acrid Counsel will be recognized to -
be biediee upon DOE,
Physical Security
795.21 Protection of restricted data In
storage.
(a) Persons shall store .Secret
Restricted Data documents or material _-
received cadet an Access Permit. while
tinattendeo oer not in use, by one of
? (e)Selec-bon f:),f COM C.:110nS. Each
? ._cornbination intact require the use of
following methods: . ? . ? ?
(1) When not located within a security
?
area: . ? - ? ?
n ?
(i) In tiSecurity container under either
DOE-approved alarm protection or ' ? ?'
protective personnel (securityinspeCtor
or guard) patrols no less frequent than'-
.
once each 8-hour shift during non- -
working hoUrs. or ? *- ?
(ii) In a dual-key bank safe deposit' ?
box, provided that the lock and keys to'
the box are changed immediately prior .
to Such use and the customer's keys are
furnished only to persons cleared for -
and authorized acess to the Restricted .
Data in the box. ?' .
(2) When located yeithin a s' ecurity ?e -
area: ? _4
RI In &security container Or e- - ?
commercial-type steel filing cabinet''::
equipped with a built-in combination'-'2
lock, provided the container or the
cabinet is equipped with a DOE-
approved alarm system or is under
- protective personnel patrol no less
frequent than once every fihours during
non-working !'our., ??
(ii) Ie unlocked cabinets or open
storage In a DOE-approved vault or
Security room. ?
(b) Confidential Restricted Data ?
documents or material while unattended
or not in use shall be stored: -
(1) Under any of the methods used for
Secret Restricted Data documents or
material as set forth in paragraph (a) of
this section, or
(2) In unlocked cabinets or open_ .
storage in a locked room equipped with
a DOE-approved alarm syst&m. .
(c) Changes of combinotions. (1)
Combinations of locks of repositories
containing Restricted Data shall be
known only to those persons cleared for -
and otherwise authorized access to the
category of Restricted Data stored ,
therein. . ? ,
? (2) Each Permittee shall change the ? .
combination on the lock of a repository:
(i) Whenever the r.epo.sitory is placed
in use: - ? . fl -
(ii) Whenever a person knowing the:
combination no longer requires access ? ?
to a repository. This may be as a result
of a change in duties or location in the: .
permittee's organization or termination
of employment with the permittee:
(iii) Whenever the combination may .
have been subjected to compromise; and
(iv) In any event at least once a year.
(d) The record of the combination of a
lock on a repository shall be coetrolled
and afforded the same level of security
protection required for the highest ;.
classification of the matter authorized to
be stored in the repository.
three different numbers. In selecting
Combinatinea, multiples and a simple
arithmetical ascending or descending
series shall be avoided.
? (f) Coutions fleece-dins conibiriatitins.
(1) Only a minimum number of pi:rsons
should possess combinations to - ?-
repositories.,:-? ? e ? .
(2) Combinations should he connnitte
to mernory insofar as practicable to
reduce possibility of inadvertent
- ?
compromise. ?? . .
(3) When cicsing a combination hoc
the dial must be turned at least four ?
times in the aarne direction. e
. (4) Combinations shall be changed
only by persons authorized access to
Secret or Confidential Restricted Data
depending upon the matter authorized
? be stored in the repository.
Posted 14-on:lotion. (1) The name
addresses, and telephone numbers of
custodians having knowledge of the .
combination shall be posted on the -
outside of each retiository containing
Restricted Data. A record of the date o
.last change of combination of each
repository shalt be muintained en eac
repository.. ev.
(2) A monitor. sheet shall be posted
the security container approved for th
storage of Restricted Data. In any
situation when one monitor eheet
includes several security containers
located in a particular space or room,
shall he pristed in an ras4 viewed
place within, or at the entrance to, ay:
room or space involVed. The monitor--
sheet shall contain space for the date
and initials of the persons locking an
checking the container to assure it is
secured. It shall be initialed at the en
? of each work day by the person locki
the container(s) and except when not
feasible, by one other person who ha
-physically- checked the lock(s), locke
drawer(s), or door(s) and all exposed
drawers to assure proper security oft
container(s). -? -
(h) Molten:led repository foundry.
In the event that an unattended ? -.-
repository containing Restricted Data
found unlocked, one of the custodian
shall be notilled'irnmechatety, the
repository shalt he secured by a
designated person (e g.. a security
inspector or guard) amid the contents
shall be checked not later than the ne
workday. .
(it Security Contc!?,*rier. Checks.:
Whenever protective pc :sonnet are
required by 1 ?795.21 or 79.23, they
shall, as soon as possible after the cl
of each normal work dry. urid,'
thereafter, at least once every 24 hou
of a nonworking period exceeding on
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day, phyedcally check each approved
security container to ass-Uri:leis
. - . . . - -
O
properly eecuredAppk>Ved. F
- ?? . . ..
e
7es.22 tereeeetion w?hite In use.
? ? 755:25- Pre:active -personnet_
. ? Whenever protective_pai. rsonnel ace
lease40541V142:9CIADRUIP9ARQ)
? (a) Posseesa "Q", "Q(X)"."L" or
While in usee'documents and material .. ?
%) access aiithorization if the
containing Restricted Data shall be -?
.? , Restricted Data being protected is
under the direct control of ? " classified Confidential." ?
approPria My cleared individual and the
*Restricted Data shall be protected from
visual access by unathorized persons.
? 795.23 Establishment of security are3s. ' (c) Be mentally and physically alert,
capable of eeercising good judgment,
(a] When. because a their nature. .
size, revealing characteristics, and fully instructed in their dutiee. ?
sensitieity or importance, documents or : id) Security inspectors should be
material couteiniag Restricted Data e armed with side arms of not less than
cannot otherwise be effectively.
.38 caliber. a et , -? ?
controlled in accordance with the a... . (e) Security inspectors shall be
provisions of ?? 795.21 and 795.22;a initially tr7iined and refresher trained at
security area to protect euch documents " least annually. in the safe handling and
and material shall be established. proficient use of the type of handgun -
(b) The following controls shall apply with which they are armed while on .
to security areas: . . duty, and to the i2etent of their legal
(I) Security areas shall be separated
autnority to act in the protection of
_
.
- from-adjacent area's by a.physical classified matter. Records of such
barrier designed to prevent entrane training shall be maintained during the
C
i , .
into such areas, and access to the tenure of the ndividual.
Restricted Data within the areas, by _ ??? Control of Information
unauthorized individuals.
-
(2) During working hours, admittance *795.31 Access to restricted data.
shell be controlled by designated ? . (a).Fexcept as DOE may authorize, no
appropriately cleared-security person subject to the. regulatibns in this
inspectors, guards, receptionists or Other part shall receive or shall permit any
- persons assigned for that purpose at individual to have-accees to Secret or ?
(b) Poseess "a "Q" or ".Q(X) " access
authorization if the Restricted Data
being protected ii classified Secret.
each unlocked entrance. Remote ?
ulentificaaae by television, or coded
key card system, may be used where
positive. identification and access
Confidential Restricted Data in his ??
. possession, unlesS the individual has a
or t'Q(X)" access authorization. in ?
the case of Secret Restricted Data, "Q",
control is assured.. . ? ,. : "QX", or "I." or "LX" access ? . ,
(3) During non-working hours. security."
authorization in the case of Confidential
.areas shill beprotected by protective Restricted Data an:
? d . ...
'personnel conducting patrols at such (1) The individual is authorized by an
..
frequency, not less than once eery a Access Permit to receive Restriced Data v .
.., . .
hours, as the responsible field office ? in the categories and at the _ . ? ?
manager deems necessary. or by a DOE-
classification levels involved.
-
.
approved alarm system. - . . (2) In the case era DOE or DOE -
(1) Each individual authorized to' enter contractor or subcontractor: employee,
a s?&curity area shall be issued ,a ? ._. _ - the individual needs access to the Secret
distinctive badge or piss when the Or Confidential Restricted Data in .
number of eniployees assigned to the
area exceeds thirty.. ? ?
795.24 Special kinds of classified
material. , - ?
- ?
connection with his duties.
(b) As'an alternative to DOE access
authorization, Department of Defense ? '
(DOD) and National Aeronautics and
.Space Administration (NASA)
When the Restricted Data contained ? personnel, officers or eraployees"or one
in material is not ascertainable by of the services:officers or employees of
observe tion or examine lion at the place " DOD, NASA. or service contractors or
where the material is located and when. _ subcontractors, or members of the .. ?
the material is not readily removable Armed Forces may be granted access if
because of size, weight, radioactivity, or a request set forth in paragraph (c) of -
similar factors, DOE may authorize the this section is received from DOD or
Permittee to piovide such lesser ? .' NASA. As an exception, DOE access
protection than is otherwise required by authorization is required for aCcess
?? 795.21 to 795.23, inclusive, as DOE " NASA personnel to Restricted Data ,? ,
deteriniries to be commensurate with the other than that associated with space or
difficulty of removing the material. ? aeronautical programs or actkities:
?
(c) Prior to granting access to
individuals referenced in paragraph (b)
000401308CA68462.cieo for Visit or -
Access Approval (Form-boE-277),
NASA Form 405, or a memorandum or
teletype containing the same
information, signed by an authorized
certifying official will be ferwarded for
approval to the field office manager who
will coordinate with other offices as
-" necessary.
(d) Inquire3 concerning the security
clearance or access authorizetion statue
? of individuals, the scope or Access
Permits, or the nature of contracts
should he addressed to the field office
administering the Access Permit or the
contract..
? 795.32 Classification and preparation of
documents. ""
???
(a) Classification. Restricted Data
originated by an Access Permit holder
must be appropriately classified. "Guide
to the Unclassified fields or Research.",eid
and other appropriate guides issued by
the U.S. DOE Office of Classification,
. will be furnished each Rerrnitte.e. In the
event an Accese Permit holder
ofiginetes information within the -
definition of Restricted Data (? 795.3(u))
Or information which he is not positive
is not within that definition and the
. guide does not provide positive ;
classification guidance for such -
information. he shall mark and handle
the information ae.Confidentiel
Restricted Data and request " ?
classification guici-ince from DOE
through the Classification Officer at the
Operations Office administering the. .-
Perrnit, who will refer the request to the
Director. Office of Classification, U.S.
Department of Energy. Washington, D.C.
20'545, if he does not have authority to .
provide the guidance. ? ?-?
?
('o) Classification consistent .with
content. Each document containing
Restricted Data shall be classified
Secret or Confideetial according to its ?
own Content.
?
, . .
(c) Classification marAings. The .
highest..classificgtion marking assigned
to any portion of a document shall be
Placed in letters not less than brie-
quarter"inch in height at the top and
bottom of the outside of the front covers,
on title pages, if any; the first page, the
baCk page and on the outside of the
back cover, if any. ad'd ? e
(d) The balance of the pages shalt be
marked at the top and botorri either
with: -.
. (1) the highest classification merking.
assigned to the document,ci-r
(2) the classification marking renuired
by their individual content, or ?
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ensorer.
(3) the marking LiAPPEOVOIL50411
tlIcy have ne cleissitied c.ontent.
s(e) The document shall bear the
foliowing additional marking on the first
page and on the front covers '
Ft:sir-I:led Data . ? ?
This document contains Restrictid Data as
dermed in the Atomic Energ?,.? Act of 1954.-
Unauthorized disclosure subject to - ? ?? ? ' ,
Administrative and Criminal Sanctions.
. ?
? ? -
(f) Where the originatorPl the
document is not an authorized ?:?-se-
: derivative classifier, or is not'
responsiblefor the classification, the .
words "DERIVATIVELY CLASSIFIED
BY" shall be typed oit the face of the
document followed by the name, title of
position, and organization employing the.
authorized derivative classifier. The
authorized slerivative classifier shall
sign when feasible.
? ?
(g) Documentation. .. ? ?
(1) All Secret Restricted Data ?.' . .
documents shall bear on the first page a
properly completed documentation .
stamp Such as the following:. ?
-
This document consists of --;--- pages..
Copy No. of ? Scries
(2) The series designation for finished
copy shall be a capital letter beginning
with the letter "A" designating the .
original set of copies prepared. Each
subsequent set of copies of the same ?
document shall be identified by the ' ? ?
succeeding letter of the alphabet. The
series designation for draft copies shall
he identified in progressive numerical
sequence. as "Draft 1", "Draft 2", etc.
(h) Leffer of transmittal. (1) A
transmittal letter containing no ? ?
Restricted Data or other Classified
information should be marked with the
following markings:
(i) "Restricted Datil transmittal" or " '
"Document transmitted herewith
write:us Restricted Data-,
(ii) With a classification at.leasras '
high as its highest classified enclosure.
and ?
(iii) A stamp or marking such as the
-
rollowing:
When separated from enclosures handle
.his document as unctasified. ? ? ,
(2) A transmittal let!er containing
?I:stricted Data should be marked as
? ?
(i) "Rest:icted Data" on its first page.
(ii) A classification at least as high as
Is highest classified enclusure or the
lassification of the letter itself, - ? ? ,
likhever is hig!ler.
(iii) When the contents of the letter of
:anstnittal warrant a lower ..
!ossification, a stamp or marking.such
s the following:
lease..20:0502i44%.0614kgRDP96M91
this di.cumem as (lower ckss:P.ution). ,
?7E5.33 External transmi!..sion of
? documents and material. ?
. .
(a) /?nstriclioni. (1) Documents and
material containing Restricted Data -
shall be transmitted only to persons who
possess appropriate security clearances
or access authorization and aree?
other:viee eligible for access under the
requirements of ? 795.31. ?
. ?
? , (2) In addition, such documents and.
material shall be transmitted only to
persons who pbssess DOE-approved '
facilities for their physical security
consistent with this part. Any person ?
subject to the regulations in this part -.-
who transmits such documents or --
material shall have fulfilled his7
obligations under this subparagraph by
:securing a written certification from the
responsible DOE safeguards and ? a-
security office that the prospective
recipient possesses DOE-approved
facilities for physical security, thereof
consistent with this Part.. ? ? ?
(3) Documents and material:: : . - ?
'containing Reitricted Data shall not be ?
exported from the United States without'
prior authorization of DOE. ? .." ?
(b) Preparation of documents. , -
Documents containing Restricted Data .
shall be prepared for transiniSsion ? . ?
outside an individual installation in .
accordance with the following: ?
. (1) They shall be enclosed in two ,
sealed opaque envelopes or wrappers.
? (2) The inner envelope or wrapher
shall be addressed in the ordinary ? ,
manner and sealed with tape. The
appropriate classification end the..
Restricted Data marking referred to in.
? 795.32(e) shall be placecron both sides
of the inner envelope.
(3) The outer envelope or wrapper
shall he addressed in the ordinary
manner. No classification, additional
marking or other notation shall be
affixed which indicates that the' -
document enclosed therein contains
classified information or Restricted
I.
000-400080011$.1601 be an pack
at the classified characteristics will ?
.
not be revealed.. ? . _ .
(2) A receipt which identifies the
material, the date of shipment, the
recipient, and the person tnnisferring
the material shall accompany the .
material and the recipient shall sign .
such receipt and return it to the sender
whenever the custody of Secret
Restricted Data is _transferred.
(d)Akthods of Iransportesion. (1)
:DocurnentS and material containing .
Secret Restricted Data shall be -?-?
transported only by one of the following
methods: s e-
(i) U.S. registered mail. . ? -a
(ii) Individuals possessing eppropriete
DOE security clearance or access ? . ? -
authorization who have been given .
written'authority by their employers, in s
cases of operational necessity when U.S.
registered mail or classified messenger
service is-not available or sufficiently ? ,
timely. The office of departure shall ,
keep a record of the classified matter so
transported until the matter has been -
returned or a classified matter receipt ?? '
has been received from a consignee.
(iii) Aircraft under DOE contract with
pilots holding "Q" access,authorization, ?
or U.S. Government aircraft with pilots -
holding DOE "Q", access authorization' r ?
or DOD final type Secret clearance, and
who maintain continuous custody of the
matter entrusted to them. ? ?
(iv) Motor vehicles in sealed van
service. ?
(v) Common carrier (rail, truck, or air)
approved by the responsible field office-
manager and meeting the requirements
of paragraph (d)(3)(xi) of this section.'
(2) Documents and material ? _
containing Confidential Restricted Data
shall be transported by one of the
methods set forth in paragraph (d)(1) of
? this section or by one of the fullowing
methods: , ? ?
(i) U.S. first cVass.or certified mail, if
approved by the Field Office Manager
administering the permit. Certified or
first class mail may not be?used in any
transmission?of Confidential doeuments .
to Alaska, Hawaii, the Canal Zone.
Puerto Rico, or any United States - -
territory or possession: e
(ii) Aircraft under DOE .contract,
U.S. Government aircraft, with pilots
holding DOE "L" access authorization o-r '
DOD final type Secret clearance. ?
(iii) Common carrier service (rail,
truck, or air) as approved by the field
office manager-and meeting the
requirements of subparagraph ()(xi)
below.
(3) Approved means of shipment for5.
Restricted Data are subject trethit.ce.':""
_ ? ?
s
(4) A receipt. which identifies the
document, the date of transfer, the .
recipient and the person transferring the,
document shall accompany the .
document and shall he signed by the
recipient and returned to the sender . -
wherever the custody of a Secret ,
document is transferred. 7
? (c) Preparo:ion of material. Material,
other than documents, containing
Restricted Data shall be prepared for
shipment outside an individual -
installation in accordance with the
following: . -
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iono-eiaig eiseitional seeeral coralitiena
as aot repres!e.
(I) C.:ententa
vprovettlFgelea
paciolaed,rotd as required contai
shall inc et aseeepriata Department of
Traespdetetieii reoulations as to
strectie?e! strength and Mate:hits.
(ii! Contents shall be so packeot.?d that
.51."??? :7; ::::'t.'71:7;;F. or
iei,pectien will be readily detected ea
roete or upon azalea! at destination.
(iii) Conteets shalt be checl..ed against
shippina papers as promptly as
practicable after arrival and any
unresolved diserepiincy shall be ?
renorted immediately to the responsible.
DoE safeguards and security office.
(iv) Additionally. any suspected
criminal violations of federal laws or
loss of Secret or confidential material
outside a security area or loss within a
security area if there is no lmmediate
explanation to account for the loss shall
be reported to the responsible DOE
security office and the Federal Bureau of
Inveetieation.
(v) The ctessification of the contents
. shall be indicated inside the package or
container to preclude errors in handling
and storage after delivery. -
- (vi) Seals shall he used whenever
practicable and shall be placed on cars
or van doors, containers, or other
positive fasteeing devices by, or in the
presence of a DOE, DOE contractor
_ presentative or security cleared
perinittee empioyee. Seals shall be
serially numbered or distinctively
designed and appropriate entry shall be
made in bills of lading or other shipping
papers. Seal numbers shall be verified
by the consignee upon arrival.
? (vii) Combination or key padlocks
-shall be used whenever practicable on
shipping containers in additien to seals.
(viii) Receipts, listings, and other
pipers revealing classified information -
shell he appropriately marked and -.
eloped.
(ix) shipping or transfer documents
wi-dsh could reveal classified weights or
quantities or material shall be , .
eopropriately marked.
? (x) Notificatioa of Secret or ? . _
Confidential Reetricted Data shipments,
other than packages sent by mail, shall
be transmitted prior to departure either
to the consignee or to the DOE office
eseo-cising adinieistrati ye jurisdiction
over the consignee, with sufficient ?
iefsrmatien to tie able proper handling at
destieation. .? . "
(xi) Commoh carriers shall provide all
of the following security procedures:
(A) Serveinnee by an authorized
carrier employee when the material is
Lestside af the vehicle.
(11) A hend-te?haed signatere receipt
systeei which treces the move:meat of
Se120b5K201;41:1i?OliVeRelPgiaMO
shipped until the tree it is received.
(C) When storaLna is required.
Restricted Data must be stored in en
alarmed or guarded storage area with
immediate response by a carrier -
employe:., cornelercied ,._a u, or polikat.
(D) Verification of the identity and
authorization of persons who pick up
material.
(E) Pick-up mei dedivery In a de se.d.
Iceked van.
(e) Electrical Transmission of ,
Information. Restricted Data shall not be
transmitted electrically unless a system
approved by DOE is used., .?
. (f). Telephone Conversation's. No
discussion of classified information is
permitted during a telephone
conversation except over secure ,
telephone systems approved by DOE.
? 795.34 Accountability for matter
?
..comprising restricted data.
Each Permittee possessing matter
containing Secret Restricted Data shall
establish an accountability procedure
and shall maintain for a period o15
years records to clearly show the
identification and disposition of all Such
?.matter which has been in his custody at
any time.
*795.35 Authority to reproduce.
-
Nothing in this part shall be deemed
to prohibit any person possessing
documents contalaing Restricted Data
from reproducing any Confidential ,
documents, or any Secret documents
originated by the Access Permittee by
whom he is employed. Ile shall not
reproduce any external generated
documents coutaining Secret Restricted
Data without prior authorization from
DOE or from the originator of the
document.. . ? -
? -
? 795.35 Changes in clat??siiication.
. .
, (a) Documents containing Restricted
Data shall not be downgraded to a - ,
_
lower classification or declassified
? except as authorized by DOE. Requests
for downgrading or declosaification
shall be submitted to the DOE . ? -
Operations Office administering the
Permit. or U.S. Department of Energy,.
Washington, D.C. 20545, Attention:
Oillee of Classification. If the
Department approvea ehaeee of
classification or declassification, the
previous classification Marking shall be .
canceled and the followine statement,
properly completed, shall 'fie placed on
?the first page of the document.
Classification canceki. (Cr chonc,ed -
to) tl:Isect appropriate .
claasifica:ic.n) by a ...ith.ority
of------------- --(Pc authcrizing
0134t-ki?13?13611'6" or p,?ork
rnal,;:g change and (Nur thereof).
. (14 Any person making a change in
classification or receiving notice of such
a change shell forward notice of the
change in classification to hohleis or all
copies as shown on his records.
?
? 795.37 Destruction of documents or
material containing restricted data.
(a) Documents containing Restricted
Data may be destroyed wily by. ?
shredding and burning; pulping, or by
any other mothod that ess.ures complete
? destruction of the information which
they contain. If the document contains
.
Secret Restricted Data. a recerd of the
. subject, title arid report neinher of the
document, if any. ita date of preparation,
Its series designation and copy number,
and the date of destruction shall be ?
signed by the person destroying the
document and shall be maintained in-the
. office of-the last custodian for a period
of 5 years afterthe date of destruction. ?
? (b) Restricted Data contained in .
matMal, other-than documents. Mai' be
destroyed only by a method that assures
complete obfiteration, removal, or
destruction of the Restricted Data. A ,
_record or destruction of Secret material
destroyed shall be maintained for 5 ? ?
years after the date of destruction of the
material. -
. .
? 795.3a Security of automatic data
processing systems.
Restricted Data shalt not be processed
or produced on an ADP system unless
the system has been approved by DOE..
-
? 795.39 . Suspension or revocation of
access authorization. ? ? .. s?
In any Case ivhe.re the access
authorization of an individual subject to ?
the regulations in this part is suspended
or revoked in accordance with the
procedures set forth in Pert 710 or this
Chapter,"such individual shall. upon due
notice from DOE of such suapiensfo-n. or ?
. revocation and demand by DOE deliver.
to DOE any and altdocument is or ?-
materiel in his possession containing
Restricted Data for safekeeping and
.stich further disposition as DOE
determines to be just and proper.
? 705.40 :Expiration, suspension or
revocation of accesa permit
(a) Upon expiration of an Access.,
Permit, the person to whonfsuch Permit
has been issued may, except as
provided in paragraph (b) of this section
shall:
(1) deliver all de:cements or material
in his possession containing Restricted
?
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.
336311
LAMM
F ;chiral Reni -ter
ol. 4,* No. 113 Mondav, one .11, 1079 / Proposed Rules:
Data to DOE or to a person authorizeo
to receive them and file with DOE a
certificate of non?possession of '?
Rest:icted Data: or. ?
(2) destroy them, and file with DOE a
certifinate or nonpossession,,or,
(3) file with. DOE a certified inventory.
of Restricted Data attached to request
for approval of retention of such data. A
person retaining Restricted Data must
, maintain an active Access Permit unless
otherwise authorized by DM.: ::?? ? ?
(b) In any ,case where an Access
Permit has expired or has been .'*1
suspended oi revoked and DOE has
determined that further possessiOn by*-
the former Access Permit holder of ? .
documents or materials containing
Restricted Data would endanger the ? ? .
curainon defense and security, such '..?-,
former Access Permit bolder shall upon
due notice from DOE of such expiration,
? suspension, or revocation and of such
dete.rraination, deliver to DOE any and
all documents and material ip his ? ?..
possession containing Restricted Data
for safekeeping and such further
disposition as DOE determines to be just
and proper. ? ; ? ?
? 795.41 Termination of employment or:
cnae oi duties.
E.:eh Perinittee shalt furnish promptly
to DOE written notification of the . ? .
tern,;e a lion of employment of each .
individual who possesses an access .
authorization under his Permit or whose
duties are Cht108eil so access to ?
Restricted Data is no longer needed.:
Upon such notification, DOE may:
(a) terminate the individual's access
authorization, or ' ' ? ? ' ? ?
(b) transfer the individual's access
lietho:ization to the new employer of the
individual to allow continued access to
restricted Data where authorized,
in.rsuant to DOE regulations.
? 795.42 ccntinued?applicability of the 12
re,jui:;tiouts In this part ?
?
The
expiration, suspension, - ?
?
revocation or ?the? termination of
security clearance or access
authorization or Access Permit shall not
relieve any person from compliance'. .
wiYh the regulations in this part. ? ? ?
?
? 795.43 Reports. . ?
Each Perieittee sliall report promptly
to the LIC..)E office administering the .
?
made to the near'est office of the Federal'
Bureau of Investigation. . ? . ? ..
(c) Proposed foreign travel to Soviet-
bloc countries, at least 30 days in ;?.
advance of proposed travel by any of
their emp)oyees, who has bad access to. ;
C-24 information, and inform the same
office when the employee returns..,.
?795.44 Inspection. e ? . -? ?
DOE may Make such inspection of the -
?
premises, activities, records,'and'
procedures of any person subject to the ? ?''
regulations in this part as DOE deems ? ?
necessary to effectuate the purposes of
the Act.t?- ? .- ' -
? 795.45 Violations. _ ?
An injunction or other court order ??
may be obtained prohibiting any
violation of day provision of the Act or
any regulation or order issued ?
thereunder. Any person Who WillfullY ?
violates, attempts to violate or conspires .
to violate any provision of the Act or , .- ? ,
any regulation or order issued-
thereunder, including the provisions of ? ?7
this part, may be guilty of a crime and
upon conviction may be punished by ??
fine or imprisonment, or both; as
provided by law.
[FR Doc. ;"-loo:sti Film! 6-8 -7R. 4S at-0 '
MUNK: CODE 64.50-0144
?
?
,
? ?.
' ? ?
????..? ? ?
"
A( Less Permit: ?
(a) All losses of Restricted Data
.documt:nts or material. ? !
V)) S!attitory violations, i.e.. any
allt?oed or suspected ?i9!ation of the ,?
Atomic Energy Act or the Espionage
Act. An l-nniedidte report shall also be
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. ?
. : .
? .
:
?. ?
?
? ..
- ? -
. ? .
, , _ ?
,
' ????
?
?