ADA290898 : Access to and Dissemination of Restricted Data. Change 3. DODD-5210.2-CHANGE-3

SORT: 5210.02
DOCI: DODD 5210.2
DATE: 19780112
TITL: DODD 5210.2 Access to and Dissemination of Restricted Data, January 12,
1978, USD(P), thru Ch 2, April 3, 1981 thru ch 3 November 16, 1994

Refs:(a) DoD Directive 5210.2, "Access to and Dissemination of Restricted
Data," October i8, 1968 (hereby canceled)
(b) Atomic Energy Act of 1954, as amended (Public Law 83-703)
(c) Energy Reorganization Act of 1974 (Public Law 93438)
(d) through (h), See enclosure l

A. REISSUANCE AND PURPOSE

This Directive reissues reference (a) to update policies and procedures
governing access to and dissemination of Restricted Data by the Department
of Defense. It implements reference (b) as modified by references (c) and
(d). Reference (a) is hereby canceled and superseded.

B. APPLICABILITY AND SCOPE

The provisions of this Directive apply to the Office of the Secretary of
Defense, the Military Departments, the Organization of the Joint Chiefs of
Staff, the Unified and Specified Commands, and the Defense Agencies,
hereafter referred to as DoD Components.

C. DEFINITIONS

For the purposes of this Directive, definitions in enclosure 2 apply.

D. AGREEMENTS

l. In implementation of section 143 (enclosure 3) of reference (b), the
Secretary of Defense notified the Atomic Energy Commission (AEC) that the
established personnel and other security procedures of the Department of
Defense and its agencies (DoD Regulation 52OO.l-R (reference (f)), DoD
Regulation 5200.2-R (reference (g)), and DoD Regulation 522O.22-R
reference (h))) were adequate and in reasonable conformity with the
standards established by the Commission. Subsequent to the enactment of
the Energy Reorganization Act of 1974 (P.L. 93-438) (reference (c)) and
the Department of Energy Organization Act (P.L. 95-91) (reference (1)),
this notification has been reaffirmed to the successor agencies of AEC. In
addition, the security procedures agreed to over the years by DoD and AEC
and its successor agencies have remained in effect.

2. The Department of Defense will assume responsibility for the
safeguarding of Restricted Data in its custody and control further
dissemination to DoD employees and its contractors.

3. The Department of Defense will assume responsibility for assuring that
those persons who sign certifications, as set forth in E.1.b.(1), are, in
fact, authorized to sign them.

4. For personnel of other Federal agencies who have a need-to-know in
performance of their official duties, the Department of Defense agrees to
accept Department of Energy (DOE) and Nuclear Regulatory Commission (NRC)
clearances for access to classified information (including Restricted
Data), on the following equivalent basis:

DOE and NRC Clearances DoD Clearances

"L" (For NRC employees, consultants, and contractor SECRET personnel valid
for access up to and including SECRET National Security information and
Restricted Data at the CONFIDENTIAL level only)

"L" (For DOE contractor personnel only, valid for SECRET access up to and
including SECRET National Security information and Restricted Data at the
CONFIDENTIAL level only) ("L" clearances are not granted to internal DOE
personnel)

"Q" SECRET

"Q" (With specific authority for TOP SECRET access) TOP SECRET

DoD contractor granted CONFIDENTIAL clearances are not valid for access to
Restricted Data.

5. Subsequent to implementation by the National Aeronautics and Space
Administration (NASA) of section 304(b) of the National Aeronautics and
Space Act of 1958 (P.L. 85-568) (reference (e)), the Department of Defense
and NASA have agreed that exchanges of Restricted Data related to
aeronautical and space activities between personnel of the two agencies
and their contractors shall be controlled and safeguarded in the same
manner and under the same rules as other classified information.

E. POLICIES AND PROCEDURES

l. Access

a. Within and between DoD Components, to include contractor activities,
access to Restricted Data information will be governed by the same
procedures and criteria as govern the access to other classified
information:

(l) Require access in performance of official duties.

(2) Have a valid DoD security clearance at a level commensurate with the
information concerned.

b. Requests for access to Restricted Data in the possession of DOE or
other Federal agencies designated by DOE, other than DoD and NASA, will be
made utilizing DOE Form 277, "Request for Visit or Access Approval.

(1) The Secretary of Defense; the Deputy Secretary of Defense; the
Secretaries of the Military Departments; the Chairman, Joint Chiefs of
Staff; the Under Secretaries of Defense; the Chairman, Military Liaison
Committee (DOE-DoD); the Directors of the Defense Agencies; and their
designees, are authorized to certify the need of DoD personnel, under
their jurisdiction, to have access to Restricted Data in the possession of
DOE and other Federal agencies designated by DOE. These officials shall
forward their lists of designees to the Chairman, Military Liaison
Committee, who shall transmit a composite list to DOE and to the Deputy
Under Secretary of Defense for Policy Review for incorporation into
enclosure 5 to this Directive. Strict adherence to "need-to-know"
principles will be followed. For Navy and Air Force, the authority to
certify for Restricted Data access shall not be designated below the level
of the authority granting the security clearance. For Army, the authority
to certify for Restricted Data access shall not be designated below
Brigade level or equivalent. For contractor employees, the need for accessto Restricted Data will, in all cases, be certified by a Government
Contracting Officer.

(2) Those persons listed in E.1.b.(1), or their designees, shall submit
requests for access to Restricted Data directly to DOE, Director of
Safeguards and Security, Washington, D. C. 20545. Requests should be
forwarded through established security channels.

(3) DoD requests for access to Restricted Data, in the possession of
Federal agencies other than the Department of Defense, pertaining to the
Army Research Reactor Program and the Navy Research Reactor Program shall
be submitted to the U.S. Nuclear Regulatory Commission, Division of
Security, Washington, D. C. 20555.

(4) DoD requests for access to Restricted Data pertaining to weapons
programs shall be submitted directly to the Managers of the Albuquerque or
San Francisco DOE Operations Offices (or to those officials designated by
these Managers), provided:

(a) The requesting activity is performing work with or for DOE or its
contractors under the jurisdiction of the Albuquerque or San Francisco
Operations Offices pursuant to a formal written agreement; or

(b) The requesting activity has been specifically authorized to make
requests directly to DOE Managers of Operations for specific areas of
mutual interest within the weapons programs.

(5) In situations other than specified in E.1.b.(3) and (4), DoD requests
for access to Restricted Data in the custody of DOE personnel shall be
submitted to the DOE Headquarters Division having responsibility for the
subject matter involved.

(6) When it is necessary for a DoD activity to establish authority for
requesting access directly from DOE Managers of Operations, a request for
such authority shall be submitted to the DOE Headquarters Division
responsible for the program to which access is required.

(7) DOE has authorized its personnel to accept oral requests in
emergencies. In those instances, all of the information required in DOE
Form 277 shall be provided. Thereafter, an appropriate written
confirmation shall be forwarded. Personnel authorized to approve requests
for access to or release of Restricted Data shall make determinations of
emergency situations or conditions.

(8) If an individual requires repeated access to the same type of
information or continuing visits to a facility, under the cognizance of
the same approving authority, the request shall so specify.Local
arrangements for continuing access may be made for a specified period not
to exceed l year. Access by members of the Armed Forces may be arranged
for the specified period of the assignment for which access was originally
approved.

2. Dissemination

a. DoD personnel may disseminate Restricted Data information only under
the following guidelines:

(l) Within and between DoD Components, to include DoD contractors,
dissemination of Restricted Data information will be governed by the same
procedures and criteria as govern the dissemination of other classified
information.

(2) Dissemination of Restricted Data information may be made to properly
cleared DOE personnel arid to DOE-cleared personnel of other Federal
agencies.

(3) Dissemination of Restricted Data information pertaining only to
nuclear research reactors or nuclear electric power generating reactors
may be made to NRC personnel. Restricted Data not related to these
reactors may be released to NRC personnel only through DOE.

(4) Dissemination of Restricted Data information other than that
pertaining to aeronautical and space activities may be released to NASA
personnel only through DOE.

(5) In all above cases, dissemination of Restricted Data information will
be made only after the holder of the information has verified:

(a) The identification of the prospective recipient.

(b) The validity of the prospective recipient's clearance.

b. Dissemination of Restricted Data and Formerly Restricted Data to any
nation or regional defense organization or to a representative thereof, is
prohibited except in accordance with agreements for cooperation, entered
into pursuant to section 123 (enclosure 4) of the Atomic Energy Act of
1954, as amended (reference (b)).

c. Except as provided in E.2.b., Formerly Restricted Data will be treated
and disseminated in the manner prescribed for classified information in
DoD Regulation 5200.l-R (reference (f)).

F. CRITICAL NUCLEAR WEAPON DESIGN INFORMATION (GNWDI)

l. Access to and dissemination of CNWDI, as defined in enclosure 2, is of
particular concern to the Department of Defense. Because of the extreme
sensitivity of this type of information, access must be limited to the
absolute minimum number of persons who need it to accomplish their
assigned responsibilities. To meet this objective, the following special
procedures for controlling CNWDI information have been established.

a. Clearances and Need-to-Know

(1) As a minimum, the required security clearances for personnel eligible
for access to CNWDI shall be:

(a) Final TOP SECRET or SECRET (as appropriate), or

(b) DOE "Q" for non-DoD personnel.

(2) U.S. citizenship is required, except in rare instances when an
immigrant alien may possess unique or very unusual talent or skill that is
essential to the U.S. Government and not possessed to a comparable degree
by an available U.S. citizen. In such exceptional cases, an affirmative
determination shall be made that it is in the overall best interests of
the United States to grant CNWDI access to an immigrant alien. Such a
determination shall be made by the Secretary of Defense or his designee,
based upon the recommendation of the Head of the responsible DoD
Component.

(3) Written or oral communication of CNWDI shall be strictly limited to
those personnel who have a "need-to-know." Management personnel at all
levels shall not automatically approve requests for access to CNWDI, but
shall insist upon full justification and shall reject any requests that
are not completely justified. The Head of each DoD Component and
management personnel at all levels are assigned a special responsibility
to insure that this "need-to-know" principle is strictly enforced.

b. Briefings. Personnel having a need for access to CNWDI shall be briefeon its sensitivity. Briefing and access authorizations will be recorded inappropriate security records. Records of CNWDI briefings and access
authorizations will be maintained in a manner that would facilitate
verification.

c. Marking. Documents or other media as defined in DoD Regulation 520O.l-(reference (f)), which contain CNWDI and are generated after July l, 1978,
shall be clearly marked, "Critical Nuclear Weapon Design Information - DoD
Directive 5210.2 applies." Similar documents published before July 1,
1978, and which are in working files, will be similarly marked when they
are withdrawn from files. In addition, paragraphs of documents generated
after July l, 1978, which contain CNWDI, will be so marked. Example: (S-
RD)(N). An (N) following the classification denotes that the classified
material is additionally identified as CNWDI.

2. Within and between DoD Components, to include DoD contractors, except
for the special requirements enumerated above, access to CNWDI will be
controlled in the same manner as other classified information.

G. EFFECTIVE DATE

This Directive is effective immediately.

Deputy Secretary of Defense

Enclosures - 5 l. References, Continued 2. Definitions 3. Excerpt from
Section 143, Atomic Energy Act of 1954, as amended 4. Excerpt from Section
123, Atomic Energy Act of 1954, as amended 5. List of Certifying Officials

REFERENCES, continued

(d) Public Law 95-91, "Department of Energy Organization Act"
(e) Public Law 85-568, "National Aeronautics and Space Administration Act
of 1958"
(f) DoD 5200.l-R, "Information Security Program Regulation,"December 1978,
authorized by DoD Directive 5200.1, November 29, 1978
(g) DoD 5200.2-R, " DoD Personnel Security Program Regulation," December
20, 1979 authorized by DoD Directive 5200.2, December 20, 1979
(h) DoD 5220.22-R, "Department of Defense Industrial Security Regulation,"
April 1975, authorized by DoD Directive 5220.22, December 1, 1976

DEFINITIONS

A. Classified Information. Official information which has been determined
to require, in the interests of national security, protection against
unauthorized disclosure and which has been so designated.

3. Critical Nuclear Weapon Design Information (GNWI). That TOP SECRET
Restricted Data or SECRET Restricted Data revealing the theory of
operation or design of the components of a thermo-nuclear or implosion-
type fission bomb, warhead, demolition munition or test device.
Specifically excluded is information concerning arming, fuzing, and firing
systems; limited life components; and total contained quantities of
fissionable, fusionable, and high explosive materials by type. Among theseexcluded items are the components which DoD personnel set, maintain,
operate, test, or replace.

C. Department of Defense (DoD) Personnel. Military personnel in the Armed
Forces, including members of the Reserve Forces and Federally recognized
members of the National Guard; employees of a DoD Component, including
consultants, full-time and temporary part-time employees and personnel
paid from nonappropriated funds; and contractors, prospective contractors,
and contractor employees of a DoD Component. (See also DoD Regulation
522O.22-R (reference (h)).)

D. DoD Security Clearance. A clearance granted by a DoD Component pursuantto the provisions of DoD Regulation 5200.2-R and DoD Regulation 522O.22-R
(references (g) and (h)). (A contractor-granted CONFIDENTIAL security
clearance is not valid for access to Restricted Data.)

E. Department of Energy (DOE) Personnel. DOE employees, DOE contractors
and their employees, and Federal Executive Branch component personnel
assigned to DOE for duty (e.g., DoD, State Department, National
Aeronautics and Space Administration (NASA), etc.).

F. DOE Security Clearance. A clearance granted by DOE pursuant to
provisions of the Atomic Energy Act of 1954, as amended (P.L. 83-703), the
Energy Reorganization Act of 1974 (P.L. 93-438), and the Department of
Energy Organization Act (P.L. 95-91) (references (b), (c), and (d)).

G. Formerly Restricted Data. Data removed from the Restricted Data
category upon determination jointly by DOE and the Department of Defense
that such data relates primarily to the military utilization of atomic
weapons and that such data can be adequately safeguarded as classified
information. Such information is, however, treated the same as Restricted
Data for purposes of foreign dissemination. (See E.2.b., basic Directive.)

H. NASA Personnel. Any officer, employee, member of an advisory committee,contractor, subcontractor, or officer or employee of a contractor or
subcontractor, of the NASA, and Federal Executive Branch component
personnel assigned to NASA for duty (e.g., DoD, State Department,
DOE, etc.).

I. NASA Security Clearance. A clearance granted by the NASA, pursuant to
regulations issued by NASA.

J. Nuclear Regulatory Commission (NRC) Personnel. NRC employees, NRC
contractors and their employees, and Federal Executive Branch component
personnel assigned to NRC for duty (e.g., DOD, State Department, NASA,
etc.).

K. NRC Security Clearance. A clearance granted by the NRC, pursuant to
regulations issued by NRC.

L. Restricted Data. All data (information) 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
production of energy. The term does not include data declassified or
removed from the Restricted Data category pursuant to section 142 of the
Atomic Energy Act of 1954, as amended (reference (b)). (Also see"Formerly
Restricted Data.")

Atomic Energy Act of 1954, Section 143, as Amended (42 U.S.C. 2163)

Section 143. Department of Defense Participation. -- The Commission may
authorize any of its employees, or employees of any contractor,
prospective contractor, licensee or prospective licensee of the Commission
or any other person authorized access to Restricted Data by the Commission
under subsections l45b and l45c to permit any employee of an agency of the
Department of Defense or of its contractors, or any meinber of the Armed
Forces to have access to Restricted Data required in the performance of
his duties and so certified by the head of the appropriate agency of the
Department of Defense or his designee: Provided, however, That the head of
the appropriate agency of the Department of Defense or his designee has
determined, in accordance with the established personnel security
procedures and standards of such agency, that permitting the member or
employee to have access to such Restricted Data will not endanger the
common defense and security: And provided further, That the Secretary of
Defense finds that the established personnel and other security procedures
and standards of such agency are adequate and in reasonable conformity to
the standards established by the Commission under section 145.

Atomic Energy Act of 1954, Section 123, as Amended (42 U.S.C. 2163)

Section 123. Cooperation With Other Nations. -- No cooperation with any
nation or regional defense organization pursuant to sections 53, 54a, 57,
64, 82, 91, 103, 104, or 144 shall be undertaken until--

a. the Commission or, in the case of those agreements for cooperation
arranged pursuant to subsection 91 c. or 144 b. which are to be
implemented by the Department of Defense, the Department of Defense has
submitted to the President the proposed agreement for cooperation,
together with its recommendations thereon, which proposed agreement shall
include (1) the terms, conditions, duration, nature, and scope of the
cooperation; (2) a guaranty by the cooperating party that security
safeguards and standards as set forth in the agreement for cooperation
will be maintained; (3) except in the case of those agreements for
cooperation arranged pursuant to subsection 91 c. a guaranty by the
cooperating party that any material to be transferred pursuant to such
agreement will not be used for atomic weapons, or for research on or
development of atomic weapons or for any other military purpose; and (4) a
guaranty by the cooperating party that any material or any Restricted Data
to be transferred pursuant to the agreement for cooperation will not be
transferred to unauthorized persons or beyond the jurisdiction of the
cooperating party, except as specified in the agreement for cooperation;

b. the President has approved and authorized the execution of the proposed
agreement for cooperation, and has made a determination in writing that
the performance of the proposed agreement will promote and will not
constitute an unreasonable risk to the common defense and security;

c. the proposed agreement for cooperation, together with the approval and
the determination of the President, has been submitted to the Joint
Committee and a period of thirty days has elapsed while Congress is in
session (in computing such thirty days, there shall be excluded the days
on which either House is not in session because of an adjournment of more
than three days): Provided, however, That the Joint Committee, after
having received such agreement for cooperation, may by resolution in
writing waive the conditions of all or any portion of such thirty-day
period; and;

d. The proposed agreement for cooperation, together with the approval and
determination of the President, if arranged pursuant to subsection 91 c.,
144 b., or 144 c., or if entailing implementation of sections 53, 54a,
103, or 104 in relation to a reactor that may be capable of producing more
than five thermal megawatts or special nuclear material for use in
connection therewith, has been submitted to the Congress and referred to
the Joint Committee and a period of sixty days has elapsed while Congress
is in session (in computing such sixty days, there shall be excluded the
days on which either House is not in session because of an adjournment of
more than three days), but any such proposed agreement for cooperation
shall not become effective if during such sixty-day period the Congress
passes a concurrent resolution stating in substance that it does not favor
the proposed agreement for cooperation: Provided, That prior to the elapse
of the first thirty days of any such sixty-day period the Joint Committee
shall submit a report to the Congress of its views and recommendations
respecting the proposed agreement and an accompanying proposed concurrent
resolution stating in substance that the Congress favors, or does not
favor, as the case may be, the proposed agreement for cooperation. Any
such concurrent resolution so reported shall become the pending business
of the House in question (in the case of the Senate the time for debate
shall be equally divided between the proponents and the opponents) within
twenty-five days and shall be voted on within five calendar days
thereafter, unless such House shall otherwise determine.

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