
Official Use Only I. Introduction.
(Draft)
Special Historical Records Review Plan
(Public Law 105-261)A. Purpose. The purpose of this plan is to prevent the inadvertent release of records containing Restricted Data (RD) and Formerly Restricted Data (FRD) during the declassification of records under section 3.4 of Executive Order 12958, "Classified National Security Information."
II. Determination of Likelihood that a File Series Contains RD/FRD.B. Basis.
1. National Defense Authorization Act for FY 1999, Section 3161,"Protection Against Inadvertent Release of Restricted Data and Formerly Restricted Data" (Public Law 105-261)
C. Implementation Date. Implementation of this plan begins on January 19, 1999.2. Atomic Energy Act of 1954, as amended
3. Executive Order 12958
D. Access to Classified Information. All access to classified information under this plan shall be in accordance with appropriate access authorization and need-to-know standards.
E. Applicability. This plan applies to all agencies and subagencies (hereafter referred to as agency) subject to section 3.4 of Executive Order 12958.
F. Scope. This plan covers those records subject to section 3.4 of Executive Order 12958, except for records and file series determined to be exempt from automatic declassification under section 3.4.
G. Funding. Additional funding will be required to fully implement the provisions of this Plan. Appendix 1 summarizes the funds needed by agencies to implement the provisions of this plan. Agencies shall ensure that funds are allocated to implement this plan consistent with the President's budget.
H. Restrictions on Declassification of RD/FRD Records. Under this plan, no RD/FRD records are authorized to be declassified. RD and FRD records have special declassification requirements that are specified in 10 CFR 1045.32(b) and are prohibited from automatic declassification under 10 CFR 1045.38. Knowing, willful, or negligent action that results in the release of RD/FRD may be subject to sanctions under 10 CFR 1045.5. Note: The inadvertent release of RD/FRD does not automatically result in its declassification.
A. Evaluation of File Series.
III. File Series Processing Requirements.1. Evaluation Requirement. Each agency shall evaluate all file series subject to section 3.4 of the Executive order to determine whether such series are highly unlikely to contain RD/FRD. In making its evaluation, the agency should refer to the criteria described in Appendix 2 and may also include a random sampling or survey of the records, a visual inspection for RD/FRD markings, or any other method the agency deems appropriate.
B. Certification of "Highly Unlikely" Status.2. File Series Exempt from Evaluation Requirement.
a) A file series that has received a page-by-page review for RD/FRD by a Historical Record RD Reviewer is exempt from this requirement.
3. Timing of Evaluation. This evaluation may be done at any time during the processing of the file series. In addition, an agency may reevaluate a file series at any time based on new information about the file series obtained during its processing.b) All file series that have been reviewed for declassification before the implementation date of this plan are exempt from this requirement.
c) All file series proposed by an agency and accepted by the President as exempt from automatic declassification under section3.4(c) of Executive Order 12958 are exempt from this requirement.
4. Grouping of File Series. The agency may treat subsets or groups of file series as individual file series if they generally meet the definition of file series. In addition, the agency may treat segregable portions of file series as separate file series if the agency determines that one portion of the series is highly unlikely to contain RD/FRD, but another segregable portion is likely to do so.
1. Certification Requirement. An appropriate agency official shall certify that a file series evaluated under paragraph IIA is highly unlikely to contain RD/FRD by using the format at Appendix 3 or by any other method that provides the same information.
2. Recordkeeping. The agency shall retain these certifications and any survey notes or other work products that were created to document the agency's determination and make them available to DOE upon request either prior to or during a quality assurance/quality control visit under paragraph VI. The agency shall also include a copy of the certifications, survey notes, or other work products when transferring file series to NARA.
A. File Series Not Yet Reviewed for Declassification.
IV. Training Required to Recognize RD/FRD.1. File Series Determined "Highly Unlikely" to Contain RD/FRD. The agency shall process records in such file series under its regular automatic cleclassification procedures.
B. File Series of Records Accessioned at NARA, Reviewed for Declassification Prior to the Implementation Date of This Plan, But Not Yet Fully Processed to be Available for Public Access. Such file series shall not be made available to the public until a DOE quality control review of the file series has been completed.DOE shall complete the quality control review of these file series by December31, 1999. DOE shall schedule the quality control review of records as determined in consultation with NARA staff. If records become the subject of a specific researcher request, DOE shall schedule the quality control review on a "first in, first out" basis (not to exceed an average of 1,000 pages per week) when requested by NARA.2. File Series Likely to Contain RD/FRD. A Historical Record RD Reviewer shall conduct a page-by-page review for RD/FRD of each record in such file series. Each record containing RD/FRD shall be identified to prevent the inadvertent release of the record; e.g., tabbed for ready identification during future processing. A Historical Record RD Reviewer may not declassify RD/FRD records. If during the page-by-page review it becomes evident that the file series is highly unlikely to contain RD/FRD, the agency may reevaluate that file series and certify its "highly unlikely" status under paragraph II. Such file series may then be processed under paragraph IIIA1.
3. All Other File Series. An agency reviewer shall conduct a page-by-page review of each record in those file series for which the likelihood of containing RD/FRD cannot be determined. If the reviewer finds any RD/FRD, marked or unmarked, then the series becomes likely to contain RD/FRD and is processed under paragraph IIIA2. If no marked or unmarked RD/FRD is found, then the agency shall process the file series under its regular automatic declassification procedures.
A. Agency Personnel Involved in Review of Records.
V. Supervision and Evaluation of Historical Record RD Reviewers.1. Training Requirement. All agency personnel who are involved in the review of records under section 3.4 of the Executive order shall attend a half-day seminar conducted by DOE and NARA.
B. Historical Record RD Reviewers.2. Seminar Content. This half-day seminar describes the requirements in this plan, assists agency personnel to recognize RD/FRD subject areas in the records, and discusses related records processing procedures (see Appendix 4 for seminar outline).
1. Training Requirement. Each individual conducting page-by-page reviews for RD/FRD shall attend and pass a 5-day course conducted byDOE to be trained and certified as Historical Record RD Reviewers. (NOTE: An individual who attends the Historical Record RD Reviewer course is not required to attend the seminar described in paragraph IVA.)
2. Content of Course. This 5-day course assists Historical Record RD Reviewers to recognize records potentially containing RD/FRD. Specifically, the course will enable such Reviewers to recognize nuclear information appearing in records not marked as containing RD/FRD which should be identified as potential RD/FRD and set aside. (See Appendix 5 for course outline.)
3. Location of Training. The training will be held primarily at DOE or other-agency facilities in the Washington, D.C., area. However, if there is sufficient interest, the training can also be provided at DOE or other-agency facilities outside the Washington, D. C. area.
4. Waiver or Modification of Training Requirements. An agency may request that DOE waive or modify the above training requirements for an individual or a group of individuals. Such a request may be based on any relevant factors; for example, previous training, classification/declassification experience, technical background of the individual(s), or passing a certification test without attending training.
A. Requirement for Agency Implementation Plan. Each organization within an agency that is reviewing records under section 3.4 of the Executive order shall develop an implementation plan in a timely manner that contains procedures describing the technical and administrative aspects of the review to recognize records that potentially contain RD/FRD.
VI. Evaluation of Agency Compliance.B. Plan Contents. The agency's implementation plan shall include a description of how the work of each Historical Record RD Reviewer will be supervised and evaluated (e.g., the agency's quality assurance/quality control measures, reviewer qualifications, processing steps of documents under review, expected review quotas, security requirements).
C. DOE Review of Agency's Implementation Plan.
1. Review in Association with Quality Assurance/Quality Control Visit. The organization shall make its implementation plan available to DOE for review upon request either prior to or during a quality assurance/qualitycontrol visit under paragraph VI.
2. Other Review. An organization may send its implementation plan to DOE at any time for review and comment. DOE shall provide comments in a timely manner.
A. Requirement. DOE, in consultation with the Director of the InformationSecurity Oversight Office (ISOO), shall periodically review and evaluate each agency's compliance with this plan. DOE shall coordinate with the agency's Senior Agency Official designated under section 5.6(c) of Executive Order 12958 before conducting an evaluation.
VII. Resolution of Disagreements. An agency may submit concerns over procedural requirements in the plan or its implementation, including the quality assurance/quality control reviews and evaluations, to the DOE Director of Declassification and to the Director of ISOO in NARA. DOE and NARA shall confer and issue a joint decision on the concern within 30 days. If the response does not satisfy the agency or DOE and NARA are unable to reach a joint decision within 30 days, the agency may appeal the concern to the Secretary of Energy, who shall respond within 30 days. An agency making such an appeal shall also notify the Assistant to the President for National Security Affairs.B. Location of Records. In order for DOE to evaluate an agency's compliance with this plan, DOE must know the geographic location where the agency is processing records under section 3.4 of the Executive order. Therefore, within15 days of the implementation date of this plan, each agency shall notify the DOE Director of Declassification of each location, the approximate volume of the records at each location, and a point of contact (name and telephone number).
C. Conduct of the Review. DOE shall use quality assurance/quality control principles to assess the agency's implementation of this plan. (See Appendix 6 for description of areas to be covered during the review.)
D. Evaluation of Review Results. If the review reveals RD/FRD that was not identified during the agency's processing of the file series, then DOE shall evaluate the potential damage to the national security and recommend what course of action is required on a case-by-case basis. Such requirements may cover a broad spectrum of actions, including complete re-review of all records in the file series by the originating agency.
E. Report of Review Results. The Secretary of Energy shall submit a summary of the results of these reviews and evaluations to the Assistant to the President for National Security Affairs 15 days prior to submitting the report to the required congressional committees. Such report shall address an agency's overall program and not just focus on individual errors. The first report shall be submitted 6 months after the implementation date of this plan and periodically thereafter, but not less than once a year.
VIII. Notification of Inadvertent Releases.
A. Prior to Enactment of Defense Authorization Act for FY 1999.
IX. Use of Automated Declassification Technologies. The use of automated declassification technologies to protect RD and FRD from inadvertent release shall be considered by each agency as appropriate. Other software tools currently being developed shall be provided to the agencies as the tools are tested and proven effective.1. Agency Notification Requirement. Within 30 days of DOE's submission of the plan to Congress, each agency shall report to the DOE Director of Declassification all inadvertent releases of RD/FRD underExecutive Order 12958 that occurred before October 17, 1998, the date of the enactment of section 3161 of the National Defense Authorization Act for FY 1999.
B. Following Enactment of Defense Authorization Act for FY 1999.2. DOE Notification Requirement.
a) Within 30 days of DOE's submission of the plan to Congress, DOE shall report to each agency any suspected inadvertent releases of RD/FRD by that agency that were not specifically provided to DOE by that agency.
b) Within 60 days of DOE's submission of the plan to Congress, the Secretary of Energy shall report such releases to the required congressional committees. Such report shall be submitted to the Assistant to the President for National Security Affairs, with a copy of relevant portions to each appropriate agency, 7 days prior to submitting the report to the congressional committees.
1. Agency Notification Requirement. Within 10 days of discovery, an agency shall report to the DOE Director of Declassification all inadvertent releases of RD/FRD under Executive Order 12958 that occurred following enactment of section 3161 of the National Defense Authorization Act for FY 1999.
C. Reporting Format. The agency shall report each inadvertent release by using the format at Appendix 7 or by any other method that provides the same information. This form shall be classified at the level and category (RD or FRD) of the inadvertently released document because the form identifies classified information in the public domain.2. DOE Notification Requirement.
a) Within 10 days of DOE's discovery of any suspected inadvertent release of RD/FRD by an agency, DOE shall inform such agency of the possible inadvertent release.
b) Within 20 days of notification, the Secretary of Energy shall report such releases to the required congressional committees. Such report shall be submitted to the Assistant to the President forNational Security Affairs, with a copy of relevant portions to each appropriate agency, 7 days prior to submitting the report to the congressional committees.
X. Estimated Resource Requirements. A summary of estimated costs to be incurred by DOE, NARA, and all other agencies to implement this plan is appended.These estimates are incremental costs necessary to comply with the requirements inthis plan. (Appendix 1)
XI. Timetable to Implement Plan. (Appendix 8)
XII. Definitions.
A. Restricted Data (RD). Certain information classified under the Atomic Energy Act of 1954, as amended, concerning (1) the design, manufacture, or utilization of nuclear weapons; (2) the production of special nuclear material; e.g., enriched uranium or plutonium; or (3) the use of special nuclear material in the productionof energy. RD is exempt from Executive Order 12958, including the automatic declassification provisions in section 3.4.
B. Formerly Restricted Data (FRD). Information that is still classified under the Atomic Energy Act but which has been removed from the Restricted Data category because it is related primarily to the military utilization of nuclear weapons. FRD is exempt from Executive Order 12958, including the automatic declassification provisions in section 3.4.
C. Historical Record RD Reviewer. An individual trained and certified by DOE to recognize information potentially classified as RD/FRD in records that are subject to the automatic declassification provisions of Executive Order 12958.
D. Page-by-Page Review. A review of the information contained on each page of a record by an agency reviewer or a Historical Record RD Reviewer to determine whether any page in that record contains information that is exempt from the automatic declassification provisions of section 3.4 of Executive Order 12958; e,g., RD/FRD.
E. File Series. File units or documents arranged according to a filing system or kept together because they relate to a particular subject or function, result from the same activity, document a specific kind of transaction, take a particular physical form, or have some other relationship arising out of their creation, receipt, or use, such as restrictions on access and use. Generally handled as a unit for disposition purposes. For the purposes of this plan, subsets or groups of formal file series may be treated as individual file series if they generally meet the above definition. (Note: File series means record series.)
F. Record. Materials determined to have permanent historical value under title 44, United States Code, including federal records under 44 U.S.C. 3301, donated materials under 44 U.S.C. 2111, presidential historical materials of Richard M. Nixon under 44 U.S.C. 2111 note, and presidential records under 44 U.S.C. 2201.
APPENDIX 1 Agency's Name:
SUGGESTED FORMATRESOURCE REQUIREMENTS TO IMPLEMENT PLAN
Responsible Official: (Name and telephone number)
Point of Contact: (Name and telephone number)
Report only incremental costs necessary to comply with requirements of this plan.
FY 1999 Outyears Cost for new Federal staff Cost for new contractor staff Cost for training (including travel) Cost to upgrade access authorizations Cost to upgrade storage for RD/FRD records Other costs (please list): TOTAL ESTIMATED COST TO IMPLEMENT PLANNOTE: These estimates should include any other direct or indirect costs that an agency determines are necessary to implement the provisions of this plan. All training of current reviewers will becompleted in FY1999.
SEND TO: Senior Director, Records and Access Management, National Security Council, (OEOB, Room 392), Washington, DC 20504, Fax #202-456-9200.
Appendix 2 To make a decision on the likely presence of RD/FRD in any given file series, each agency must use its own resources to determine during what period it or its predecessor(s) may have had interfaces with the nuclear weapons program. The evaluation guidelines described in 1-7 below may be used to aid this determination.
Evaluating File Series Descriptions to Determine if
They are Highly Unlikely to Contain RD or FRD1. Definition of Restricted Data and Formerly Restricted Data. Restricted Data is defined in the Atomic Energy Act of 1954, as amended, as "...all data concerning (1) design, manufacture, or utilization of atomic weapons; (2) the production of special nuclear material; or (3) the use of special nuclear material in the productionof energy..." Formerly Restricted Data is "...such data as the [DOE] and the Department of Defense jointly determine relates primarily to the military utilization of atomic weapons and which the [DOE] and Department of Defense jointly determine can be adequately safeguarded as defense information..."
2. Period Context of Records. All research on nuclear physics was unclassified prior to the formation of the National Defense Research Committee (NDRC) in June 1940. After the formation of the NDRC, publications on uranium research,which were at that time primarily concerned with isotope separation, were no longer made public. When the Manhattan Engineer District (MED) was formed on August13, 1942, it took over all matters involving the production of Special Nuclear Materials and nuclear weapons research and shrouded all work in a veil of secrecy.
The likelihood of the occurrence of RD or FRD in an other-agency file series depends on what issues the Atomic Energy Commission (AEC) or its predecessor or successor agency was involved in at the time and the involvement of the other agency in the same issues.
3. Examples. The following activities are provided as examples of past involvement with the nuclear weapons program by certain agencies and are not meant to be considered as all-inclusive:
Certain Department of Defense agencies were intimately involved with nuclear weapons issues from the beginning until the present; for example:
4. Agency National Security Mission in Period when Records Were Generated.The national security mission of an agency or its predecessor organization during the period when the records were generated is another clue to the likelihood of the presence of RD or FRD in particular file series. Agencies involved in deliberations of the National Security Council or its predecessors or other policy-level councils are more likely to have received intelligence or facts about nuclear weapons capability.The Department of Agriculture performed sampling of radioactive residues on plants and in animal products during nuclear weapon testing.
- The Army Air Force began studies of aircraft propulsion using nuclear energy during World War II and continued after the war at Oak Ridge in 1946 (Nuclear Energy for the Propulsion of Aircraft project (NEPA)).
- The National Advisory Committee on Aeronautics, whose functions were transferred to NASA in 1958, were also part of the NEPA study.
- The Navy's Bureau of Ships sent a study group under Hyman Rickover to Oak Ridge to study naval nuclear propulsion in 1946.
The Department of Commerce (National Oceanic and Atmospheric Administration) did weather modeling and forecasting on the basis of air, cloud,and temperature sampling during nuclear weapon testing.
The Department of Justice (Federal Bureau of Investigation) investigated spycases, such as Klaus Fuchs and the Rosenbergs.
The Federal Emergency Management Agency is a successor to the Federal Civil Defense Administration, that directed Federal civil defense policies.
5. Other Available Information About File Series. Other information known about the file series, such as the originating office or previous owner of the records and the activities engaged in at the time the records were created, may provide further clues to the likelihood of the presence of RD or FRD in particular file series.Finding aids for the file series, if they exist, would contribute to the historical context.
6. Type of Categorization Review or Survey Performed by Agency. An agency's certification should be based on the depth of the review of a file series that was done to support the certification. A certification that a file series is highly unlikely to contain RD/FRD is more reliable if the file series was extensively sampled or surveyed without discovering marked RD or FRD as opposed to relying on a review of file series title alone or the titles of the boxes containing the records.
7. Quality of Descriptive Information and Existence of Database. The existence of a database in which box- or folder-level data and review results are recorded provides a firm documentation trail and extensive information about the file series. It is not a guideline per se, but it would provide more confidence in the results from applying other guidelines.
APPENDIX 3
SUGGESTED FORMATRECORD SERIES DETERMINED AS HIGHLY UNLIKELY TO CONTAIN RD/FRD
Agency's Name:
Responsible Official:
Point of Contact: (Name and telephone number)
1 . Record group to which file series belongs
2. File series title
3. File series volume (in linear feet)
4. File series location
5. Explain the basis for this determination and attach any survey notes or work products:
I certify that the file series identified above is determined as highly unlikely to contain RD/FRD.
(Signature of certifying official)
(Name and title of certifying official)
(Date)
APPENDIX 4 Overview: The purpose of this seminar is to train all personnel involved with implementing the Special Historical Records Review Plan. Specifically, the seminar will include an overview of the plan, a review of the requirements for processing records affected by the plan, and training on the recognition of RD and FRD in both marked and unmarked records. (NOTE: No access authorization (i.e., security clearance) is required for this seminar.)Restricted Data / Formerly Restricted Data
Recognition and Records Processing Seminar
TOPIC COVERED TIME ALLOTTED Introduction and Overview of the Implementation Plan 1/2 hour In-depth review- of the plan and specific requirements outlined in - 1 hour the plan's procedures for processing of the affected records. Specific examples of how to use the procedures for various record sets will be provided RD/FRD Recognition Training 2 hours Review and Discussion of Questions 1 hour
APPENDIX 5 Overview: The purpose of this course is to train Historical Record RD Reviewers to recognize records potentially containing RD/FRD. Specifically, the course will enable such Reviewers to recognize nuclear information appearing in records not marked as containing RD/FRD which should be identified as potential RD/FRD and set aside. The course will use review aids, examples, and practical exercises extensively. Marking, handling, and coordination procedures for RD/FRD will also be covered. (NOTE: "Q," TS CNWDI for DOD, or equivalent access authorization (i.e., security clearance) is required for this training.)COURSE OUTLINE FOR
HISTORICAL RECORD RD REVIEWERS
DAY SUBJECT TIME ALL0TED DAY 1 History of DOE and the RD/FRD Classification System 2 hours Overview of Nuclear-related Terms and Science 2 hours Nuclear Explosives Design/Manufacturing 4 hours DAY 2 Nuclear Explosives (Continued) Design/Manufacturing (Continued) 2 hours Military Utilization 6 hours DAY 3 Nuclear Explosives (Continued) Practical exercises (Review of nuclear explosive documents) 4 hours Nuclear Materials Production Nuclear Fuel Cycle and Production Reactors 2 hours Isotope Separation Technology 2 hours DAY 4 Nuclear Materials Production (Continued) Practical exercises (Review of nuclear materials documents) 2 hours Special Nuclear Materials (SNM) Used for the Production of Energy Naval Reactor Program 2 hours Other Reactors 1 hour Practical exercises (Review of SNM in the production of energy documents) 1 hour Review of Major Areas of Declassified RD 1 hour Procedures for Marking, Handling, and Protecting 1 hour Suspected RD DAY 5 Comprehensive Review and Practical Exercise 4 hours Certification Examination 2 hours
APPENDIX 6 DOE QUALITY ASSURANCE/QUALITY CONTROL
DOE will periodically utilize Quality Assurance (QA)/ Quality Control (QC) methods to evaluate an agency's compliance with this plan.
QA focuses on the declassification review process itself (e.g., procedures, training, internal checks, etc.). QC focuses on the product that results from the process (i.e., the declassified records themselves).
QA/QC will be conducted by qualified DOE and DOE contractor personnel. Typically, DOE will examine records that have been declassified to ensure that no RD or FRD is being inadvertently released. Based on the results of this records examination, the agency's declassification review process will be analyzed and improvements may be recommended.
Quality Control Methods
Examine declassified records. Randomly selected records that have been or are intended to be declassified by the agency will be reviewed to determine if those records potentially containing RD/FRD have been appropriately tabbed. While incidental access by DOE staff to an agency's classified records is probable during this examination, DOE staff shall not review such classified records.
Quality Assurance MethodsImplementation Plan. The agency's implementation plan may be examined to confirm that it ensures proper training, supervision, and evaluation of personnel engaged in declassification under the Executive order so that such personnel can recognize RD/FRD.
Class ification/declassification guidance. A spot check of the guidance available to reviewers may be made to see if it is adequate and the topics identified as RD/FRD are consistent with DOE guidance. This may help DOE to identify if there is other guidance that would be useful to the reviewers.
Interview reviewers or individuals involved in the review process
Training. DOE may verify that all individuals conducting page-by-page reviews for RD/FRD have attended the 5-day course conducted by DOE and are certified as Historical Record RD Reviewers and all agency personnel involved in the review of records under section 3.4 of the Executive order have attended a seminar conducted by DOE and NARA.
- Interviews may be conducted with reviewers to determine if they are knowledgeable of the general areas that could potentially be RD/FRD and have received the appropriate training.
- Individuals involved in the review process may be interviewed to assess their understanding of their responsibilities concerning (1) the identification and handling of records containing RD/FRD and (2) the specific requirements outlined in the agency's implementation plan.
APPENDIX 7 Agency's Name:
SUGGESTED FORMATREPORT OF INADVERTENT RELEASE
Responsible Official: (Name and telephone number)
Point of Contact: (Name and telephone number)
Date of Erroneous Release:
Date Erroneous Release Discovered:
1 Record group to which file series belongs
2. File series title
3. File series volume (in linear feet)
4. File series location
5. File series unclassified description, including
a. Date span of file series
6. Identify the specific publication/document containing the inadvertent release and attach a copy of the released information
b Originating office
c. Finding aidsNOTE: When this form is completed, classify it at the level and category (RD or FRD) of the inadvertently released document
SEND TO: Director, Office of Declassification (Attn: NN-523) (Classified mailing address)
U. S. Department of Energy
P. 0. Box A
Germantown, MD 20874-0963