Presentation to the Public Interest Declassification Board Andrew Weston-Dawkes James Wendt Office of Classification Office of Health, Safety and Security U.S. Department of Energy October 13, 2006

Office of Classification Mission Develops, policies, procedures, and guidance to identify: (1) information that must be classified or controlled under statute (RD,FRD and UCNI) or executive order (NSI) to protect the national security (2) classified or controlled information that may be declassified or decontrolled. (3) Reviews documents to ensure that documents are properly marked and publicly released documents do not contain classified or controlled information.

NRC RD/FRD Program NNSA DoD FRD Joint Responsibility DOE Staff Offices GC, IN, CN Other Agencies DOS, CIA, DOJ DHS DOE Energy, Science and Environment LabsPlants Atomic Energy Act Energy Reorganization Act 10 CFR part 1045 Nuclear Classification and Declassification

Departmental Representative Office of Resource Management Office of Health, Safety and Security Office of Classification Office of Quality Management Office of Technical Guidance Office of Document Reviews Office of Security Technology & Assistance Office of Security Assistance Office of Technology Office of Security Policy Office of Policy Office of Foreign Visits and Assignments National Training Center Office of Security Training Operations Office of Safety Training Operations Office of Environment, Safety and Health Evaluations Office of Independent Oversight Office of Security Evaluations Office of Cyber Security Evaluations Office of Emergency Management Oversight Office of Enforcement Office of Price- Anderson Enforcement Office of Security Enforcement Office of Worker Safety and Health Enforcement Office of Corporate Safety Analysis Office of Corporate Safety Programs Office of Analysis Office of Health and Safety Office of Worker Safety and Health Assistance Office of Worker Safety and Health Policy Office of Domestic Health Surveillances and Studies Office of International Health Studies Office of Nuclear Safety and Environment Office of Nuclear Safety and Environmental Policy Office of Nuclear Safety and Environmental Assistance Office of Personnel Security Office of Security Operations Office of HQ Security Operations Office of Special Operations Congressional Liaison and Outreach Program Office Chief Health, Safety and Security Officer Deputy Chief for Operations Deputy Chief for Enforcement and Technical Matters Glenn S. Podonsky Michael A. Kilpatrick Office of Business Operations Office of Information Management Office of Human Resources & Administration Joan G. Hawthorne Director Nicholas G. Prospero Director Edith A. Chalk Director James A. Wendt Director HS-1 HS-1.1 HS-1.3 HS-1.31 HS-1.32 HS-1.33 HS-1.2 HS-1.21 HS-1 HS-1.22 HS-1.23 HS-10 HS-11 HS-12 HS-13 HS-14 HS-20 HS-21 HS-22 HS-30 HS-31 HS-32 HS-40 HS-41 HS-42 HS-43 HS-50 HS-51 HS-52 HS-60 HS-61 HS-62 HS-63 HS-64 HS-70 HS-71 HS-72 HS-80 HS-81 HS-82 HS-90 HS-91 HS-92 HS-93 Andrew P. Weston-Dawkes Deputy Director

Office of Classification HS-90 Joan Hawthorne, Director Andrew Weston-Dawkes, Deputy Director Office of Document Reviews James A. Wendt, Director 8 Federal Employees 42 Contractors Office of Quality Management Nick Prospero, Director 4 Federal Employees 22 Contractors Office of Technical Guidance Edie Chalk, Director 8 Federal Employees 16 Contractors HS-91HS-92HS-93 FY06 Appropriation M

Atomic Energy ActExecutive Order FOIA RD/FRD/UCNINSI OUO Policies and Procedures Regulations, Directives, Orders, Manuals Guidance Other Agencies, Field Classification Offices, Individual Classifier Decisions, Document Reviews Training and Outreach Knowledge Preservation and Management Production Tools Oversight Review Evaluation Classification Program Drivers

Examples of Classification Training to DOE personnel Classification Managers -- Classification Officers/Representatives Course (Three days) Classification/Declassification Authorities –Original Classifier – Desk-side briefing –Derivative Classifiers (DC) Policy Course (One day) Performance-based Test (Covers guides that DC will use) Recertification Testing (Every three years) –Derivative Declassifiers (DD) DD Policy Course (Two days) Recertification testing (Every three years)

EO and Kyl-Lott Training DOE Specific Training (Reviewers trained to meet E.O and Kyl-Lott requirements) –Intermediate Document Reviewers Course (Sixteen weeks) –National Security Information Reviewers Course (Eight weeks) DOE Training for Other Agency Reviewers –Historical Record Restricted Data Reviewers Course (HRRDRC) (Four days) –RD Recognition and Records Processing Seminar (One day) –HRRDRC Refresher Training (Half day)

Kyl-Lott Related Training TotalTotal Course Courses Students HRRDR 110 1,308 HRRDR Refresher Half-Day NA* 1,113 Seminar * Most competed by reviewing video and completing an exercise

Quality Assurance Review Program Provides oversight to agencies conducting historical records reviews pursuant to E.O –On-site visits –Review of plans and data submitted to DOE Ensures compliance with DOE-NARA Special Historical Records Review Plan that implements Public Laws and Focuses on process and adherence to training requirements – not document reviews Generates report identifying results and recommended corrective actions Annual report to Congress on year’s activities required

Quality Assurance Review Program –19 Agencies visited –25 QARs conducted 5 Reports submitted to Congress to date 2006 –6 Agencies submitted questionnaires and were evaluated –Follow up visits being considered

Document Review Efforts Mr. Jim Wendt Director, Office of Document Reviews Office of Classification

Review 25-year-old DOE permanent classified records subject to EO 12958, Section 3.3 Confirm whether NSI documents should be declassified Identify unmarked documents containing current NSI Identify RD/FRD/UCNI - excluded from EO requirement Executive Order Program

Initiated in 1995, expect review complete – October 31, 2006 – 12.7M pages All records originated prior to December 31, 1981 Review referred records by December 31, 2009 Thereafter, as records become 25 years old, review by December 31st of that year 135K pages (estimate) for FY-07

Executive Order Program Records Management Identifies Classified Permanent DOE Records Yes Select Records Nearing 25 Year Anniversary Date Review Records Page-by- Page and Perform QC Excluded RD/FRD Exempted NSI Controlled UCNI Declassified Unclassified Referred Database Entry Shipped to WNRC Suitland Awaiting Accession/ Transfer to Archives Obtain Records From Repositories NDI Database Special Media Review Process

Executive Order Program 12.7 Million Pages

Historical Records Audit Program Objective: Examine records declassified and made available to the public at NARA by other govt. agencies to identify DOE equities (RD/FRD and DOE NSI) and withdraw them from public access Congressional Mandates –PL : Protects RD from automatic declassification –PL : Requires plan to prevent inadvertent release of RD/FRD –PL : Extends reviews to cover all releases under EO –PL : Provides for quarterly reports to Congress

Complete audit of records previously made available to the public that may contain RD/FRD PL : Requires plan to prevent inadvertent release of RD/FRD PL : Extends reviews to cover all releases under EO Surveyed 213M pages Removed for Audit 37M pages Complete Audit October, 2006 Historical Records Audit Program

213M Pages Surveyed For Potential Withdrawal 37M Pages Withdrawn and Audited Classified Documents consisting of approximately 100K Pages Withdrawn Pages Redacted Historical Records Audit Program FY07 Plan: Redact Withdrawn Classified Documents Begin FY07 End of FY06 Documents Withdrawn

Prepare Quarterly Progress Reports for Congress PL : Provides for quarterly reports to Congress Completed 22 Reports to-date and unclassified versions are available to Public at: » Final report (25 th ) scheduled for May, 2007 Historical Records Audit Program

NARA Makes Collection Available Sample Review Results NARA Continues to Process Collection NARA Notified of QCR Results Check of Agency Reviewers and Process Used No RD/FRD Some RD/FRD Significant RD/FRD Not Reviewed Page-By-Page with Trained Reviewer Collection Returned for Rework Public Release Quality Control Review Process

Freedom of Information Act (FOIA) Required by 5 USC 552 as amended by Public Law No Backlog at 206 requests For FY 2007, Resources transferred to eliminate backlog > 1 year old Statutory Reviews Program

Mandatory Reviews Required by section 3.5 of EO Backlog at 188 requests For FY 2007, Resources transferred to eliminate backlog > 1 year old Patent Secrecy Reviews Required by Title 35, U.S. Code, Section 181 Litigation Reviews Required by specific court orders Statutory Reviews Program

Other reviews conducted on Congressional materials, Security (compromise) investigations, health/safety records, in-house authors, etc. – Primary customers DOE, NNSA, Other Govt. Agencies, Am. Public, Presidential Libraries, and Foreign Governments Approximately 70% of reviews “time sensitive”

FY07 Plans Support National Declassification Initiative –Complete Referrals as required –Complete QCR’s as required Review DOE records that become 25 yrs old in FY07 Complete Quarterly Reports to Congress Make significant progress in reducing FOIA and Mandatory backlogs that are: – not out for Coordinate review – more than 1 year old.