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U.S. Department of Energy					ORDER
Washington, D.C.						DOE O 457.1

							Approved: 2-7-06
							Review: 2-7-08
							Expires: 2-7-10

SUBJECT: NUCLEAR COUNTERTERRORISM

1.	OBJECTIVES.

	a.	To support Department of Energy (DOE) activities for public
		health, safety, and common defense by reducing the 
		threat of inadvertent or unauthorized disclosure of sensitive 
		improvised nuclear device (IND) information.
		
	b.	To support the implementation of high-level policy guidance
		for protecting the homeland against nuclear terrorism as
 		outlined in the National Strategy for Combating Terrorism 
		and the National Strategy for Homeland Security.

	c.	To establish DOE responsibilities for identifying and
		protecting sensitive IND information.

	d.	To establish controls on the dissemination of sensitive IND
		information.

	e.	To define appropriate means for providing IND-related
		information at an appropriate level of classification to other
		Federal agencies to assist in meeting national security
		objectives.

2.	CANCELLATION. None.

3.	APPLICABILITY.

	a.	All Departmental Elements.  Except for the exclusions in 
		paragraph 3c, this Order applies to all departmental 
		elements.  Attachment 1 is a complete listing of DOE 
		organizations to which this Order is applicable and 
		organizations  that are prohibited from accessing 
		sensitive IND information without specific approval from 
		the Assistant Deputy Administrator for Military Application 
		and Stockpile Operations.
		
		The Administrator of the National Nuclear Security
		Administration will assure that NNSA employees and
		contractors comply with their respective
		responsibilities under this Order.
		
	b.	DOE Contractors.  Except for the exclusions in paragraph 3c, 
		the Contractor Requirements Document (CRD), Attachment 2, 
		sets forth requirements of this Order that will apply to DOE
		contracts that include the CRD.
		
	c.	Exclusions.  This Order does not apply to activities conducted
		under the authority of the Director, Naval Nuclear
		Propulsion Program, as assigned by Executive Order
		12344.
		
4.	REQUIREMENTS.

	a.	Identify sensitive IND information and implement appropriate
		measures to preclude terrorists/unauthorized persons from
		obtaining and exploiting it.
		
	b.	Establish Sigma 20 as a nuclear weapon data (NWD) control
		category to restrict the dissemination of sensitive IND
		information in the interest of national security.

	c.	Provide the basis for implementing procedures regulating
		strict control of and access to Sigma 20 NWD.

	d.	Prohibit the performance of IND design-related work from
		being conducted at any location in the DOE complex unless
		authorized by the Assistant Deputy Administrator for Military
		Application and Stockpile Operations.

	e.	Develop agreements with Federal agencies and implement
		security procedures as required for handling Sigma 20 NWD.

5.	RESPONSIBILITIES.

	a.	Deputy Under Secretary for Counterterrorism.  Provides  
		guidance on Department activities related to nuclear  
		counterterrorism, including IND information control policy  
		within DOE/NNSA and other Federal agencies.
		
	b.	Deputy Administrator for Defense Programs.

		(1)	Oversees all IND design-related work.
			
		(2)	Manages DOE/NNSA oversight of IND information.

		(3)	Establishes a new NWD category called Sigma 20 to 
			control access to and dissemination of IND information.

		(4)	Directs nuclear design-related research and 
			development activities so that the full range of weapons 
			physics knowledge, engineering, analysis, information, 
			and nuclear weapons technologies are applied adequately 
			and correctly to provide the best possible technical 
			solutions to IND-related issues.
			
	c.	Assistant Deputy Administrator for Military Application and
		Stockpile Operations.

		(1)	Implements all aspects of IND information control 
			as defined in this Order, including administration of 
			the Sigma 20 category.
			
		(2)	Designates locations within the DOE complex where 
			IND design- related work may be performed.

		(3)	Notifies contracting officers when DOE contractors 
			are affected by this Order.

		(4)	Performs annual program reviews to evaluate ongoing
			activities; future plans and projects; resource 
			requirements, including the resources necessary to 
			implement and administer this Order; and major concerns 
			and issues.

		(5)	Recommends to the Deputy Administrator for Defense 
			Programs revisions to Sigma 20 implementation, as 
			necessary.

	d.	Deputy Administrator for Defense Nuclear Nonproliferation.  
		Coordinates  all IND-related work with the Deputy Administrator  
		for Defense Programs to fulfill the requirements for 
		Sigma 20 NWD.
		
	e.	Associate Administrator for Emergency Operations.

		(1)	Responsible, during a radiological asset response 
			operation, for the security and control of Sigma 20 
			NWD of any form.
			
		(2)	Coordinates all IND-related work with the Deputy
			Administrator for Defense Programs to fulfill the 
			requirements for Sigma 20 NWD.

	f.	Director, Office of Intelligence.

		(1)	Serves as the lead proponent for IND information 
			control within the Intelligence Community on behalf 
			of DOE/NNSA.
			
		(2)	Provides intelligence-related information concerning 
			nuclear terrorism to the Deputy Under Secretary for
			Counterterrorism.

	g.	Chief, Office of Defense Nuclear Counterintelligence.  
		Conducts counterintelligence (CI) activities to protect   
		DOE/NNSA information, personnel, and assets from 
		international terrorist activities and from intelligence 
		collection by or on behalf of foreign powers or entities.
		
	h.	Associate Administrator for Defense Nuclear Security.  
		Responsible  for the overall direction and management of  
		physical, personnel, technical, materials control and 
		accounting, and classified and  sensitive information 
		security programs at NNSA facilities.
		
	i.	Director, Office of Independent Oversight.  Through the 
		Director, Office of Security Evaluations, provides 
		independent inspections and evaluations to assess
		physical security, and classified matter protection and
		control effectiveness.
		
	j.	Heads of Field Organizations.  Verify that their field  
		locations and facilities are operated in compliance with  
		security procedures established for IND information control.
		
	k.	Contracting Officers.  After being notified, incorporate the 
		DOE O 457.1 CRD into affected contracts via the laws,  
		regulations, and DOE directives clause of the contracts.
		
6.	DEFINITIONS.  See Attachment 3.

7.	REFERENCES.

	a.	Public Law (P.L.) 83-703, the Atomic Energy Act of 1954, 
		as amended (42 U.S.C. 2011), which governs civilian and 
		military uses of nuclear materials and facilities.
		
	b.	Title XXXII of P.L. 106-65, National Nuclear Security
		Administration Act, as amended, which established a 
		separately organized agency within the Department of 
		Energy.

	c.	National Strategy for Combating Terrorism, dated February
		2003, in which the President of the United States describes 
		the nature of the terrorist threat, details U.S. strategic 
		intent, and provides goals and objectives for the campaign 
		against terrorism.

	d.	The National Strategy for Homeland Security, dated July
		2002, Office of Homeland Security, provides policy 
		guidance for securing the U.S. homeland from terrorist 
		attacks.

	e.	National Security Presidential Directive 28, United States
		Nuclear Weapons Command and Control, Safety, and 
		Security (U),	dated 6-20-03 (Secret), which provides 
		the basis for the maintenance of a nuclear command 
		and control system under the authority and direction of 
		the Commander in Chief, and establishes nuclear surety 
		policy.

	f.	DOE O 200.1, Information Management Program, dated 
		9-30-96, and National Archives and Record 
		Administration-approved DOE records schedules, which 
		describe requirements for managing records related to this 
		program.

	g.	DOE O 470.3, Design Basis Threat Policy (U), dated 
		10-10-04 (Secret), which describes DOE security objectives, 
		policies, and prescribes the "threat-based" security metrics 
		for the protection of nuclear weapons, nuclear weapons 
		components, special nuclear material, national laboratories,
		plants, and other critical Departmental assets.

	h.	DOE O 470.4, Safeguards and Security Awareness Program,
		dated 8-26-05, which establishes the roles and responsibilities
		for the U.S. Department of Energy Safeguards and Security
		Program.

	i.	DOE M 470.4-1, Safeguards and Security Program Planning 
		and Management, dated 8-26-05, which establishes program 
		planning and management requirements for the Department’s 
		Safeguards and Security Program.

	j.	DOE M 470.4-2, Physical Protection, dated 8-26-05, which
		establishes requirements for the physical protection of
		safeguards and security interests.

	k.	DOE M 470.4-4, Information Security, dated 8-26-05, which
		establishes security requirements for the protection and 
		control of information and matter required to be classified 
		or controlled by statutes, regulations, or Department of 
		Energy directives.

	l.	DOE M 470.4-5, Personnel Security, dated 8-26-05, which
		establishes the overall objectives and requirements for the
		Department of Energy Personnel Security Program.

	m.	DOE O 475.1, Counterintelligence Program, dated 12-10-04,
		which establishes CI Program requirements and responsibilities
		for the Department of Energy, including the National Nuclear
		Security Administration.

	n.	DOE O 5530.1A, Accident Response Group, dated 9-20-91, 
		which establishes DOE policy for response to accidents and 
		significant incidents involving nuclear weapons and/or 
		components.

	o.	DOE O 5530.2, Nuclear Emergency Search Team, dated 
		9-20-91, which establishes DOE policy for Nuclear 
		Emergency Search Team operations in response to malevolent 
		radiological incidents.

8.	CONTACT.  Office of Nuclear Weapon Surety and Quality, 202-586-4582.

BY ORDER OF THE SECRETARY OF ENERGY:
					CLAY SELL
					Deputy Secretary

			ATTACHMENT 1		  
	    DOE ELEMENTS TO WHICH DOE O 457.1 IS APPLICABLE

Office of the Secretary
Departmental Representative to the Defense Nuclear Facilities Safety Board
Energy Information Administration
National Nuclear Security Administration
·		Office of the Administrator
·	Office of Counterterrorism
·	Office of Congressional, Intergovernmental, and Public Affairs
·	Office of Defense Nuclear Counterintelligence
·	Office of Defense Nuclear Nonproliferation
·	Office of Defense Nuclear Security
·	Office of Defense Programs
·	Office of Emergency Operations
Office of Environment, Safety and Health
Office of General Counsel
Office of Infrastructure and Environment
Office of Management and Administration
Office of the Chief Financial Officer 
Office of the Chief Information Officer
Office of Civilian Radioactive Waste Management 
Office of Congressional and Intergovernmental Affairs
Office of Counterintelligence
Office of Economic Impact and Diversity
Office of Electricity Delivery and Energy Reliability
Office of Energy Efficiency and Renewable Energy 
Office of Environment, Safety and Health
Office of Environmental Management
Office of Fossil Energy 
Office of General Counsel
Office of Hearings and Appeals
Office of Human Capital Management
Office of the Inspector General
Office of Intelligence
Office of Legacy Management
Office of Management
Office of Nuclear Energy, Science and Technology
Office of Policy and International Affairs
Office of Public Affairs
Office of Science
Office of Security and Safety Performance Assurance
Secretary of Energy Advisory Board
Bonneville Power Administration
Southeastern Power Administration
Southwestern Power Administration
Western Area Power Administration


				ATTACHMENT 2
		     CONTRACTOR REQUIREMENTS DOCUMENT
		    DOE O 457.1, NUCLEAR COUNTERTERRORISM
						  
1.	Regardless of the performer of the work, the contractor is
	responsible for complying with the requirements of this
	Contractor Requirements Document (CRD) and flowing down CRD
	requirements to subcontractors at any tier to the extent
	necessary to ensure contractor compliance.
	
2.	This CRD establishes the requirements for Department of
	Energy (DOE) contractors whose contracts involve or could
	potentially involve accessing or generating nuclear weapon
	design information.
	
3.	Contractors are required to protect IND information.  To
	this end, contractors will implement a Sigma 20 nuclear
	weapon data (NWD) control category to control the
	dissemination of sensitive IND information in the interest
	of U.S. national security.  Procedures will be implemented
	to provide for strict control of and access to Sigma 20 NWD.
	IND design-related work is not to be conducted at any DOE
	location unless authorized by the Assistant Deputy
	Administrator for Military Application and Stockpile
	Operations.  In this context, IND design-related work
	includes generating:
	
	·	any complete design of an IND, including speculative
		exploration of novel design concepts;
		
	·	validation of comparative assessments of IND design
		alternatives;
		
	·	descriptions of design and fabrication procedures likely to
		be employed by terrorists, including modeling or design
		methodologies, energetic or nuclear material specifications,
		component specifications (e.g., arming and firing system 
		design), or other fabrication procedures; and
		
	·	realistic IND designs to assess the performance of radiation
		detection systems, diagnostic equipment, security 
		standards, and/or render-safe tools and procedures.

4.	Contractors must support annual program reviews, when and as
	directed by the Assistant Deputy Administrator for Military
	Application and Stockpile Operations, to evaluate relevant
	ongoing activities; future plans and projects; resource
	requirements, including the resources necessary to implement
	and administer this Order; and major concerns and issues.
	
5.	Contractors must maintain records according to National
	Archives and Records Administration-approved DOE or site-
	specific records retention schedules.
	
				ATTACHMENT 3. DEFINITIONS

1.	Improvised nuclear device— a device, incorporating fissile
	materials, designed or constructed outside of an official
	Government agency and which has, appears to have, or is claimed
	to have the capability to produce a nuclear explosion.  (See CG-
	RER-1, DOE Classification and UCNI Guide for Radiological
	Emergency Response (U) for details.)
	
2.	Nuclear weapon data—Restricted Data or Formerly Restricted
	Data concerning the design, manufacture, or utilization
	(including theory, development, storage, characteristics,
	performance, and effects) of nuclear weapons or nuclear weapon
	components, including information related to improvised nuclear
	Devices.

3.	Sigma 20—a specific category of nuclear weapon data that
	pertains to sensitive improvised nuclear device information.