Nuclear Security: DOE Needs to Improve Control Over Classified	 
Information (24-AUG-01, GAO-01-806).				 
								 
The Department of Energy (DOE) maintains millions of classified  
documents containing highly sensitive nuclear weapons design and 
production information. Allegations that the Peoples Republic of 
China obtained nuclear warhead designs from an employee of DOE's 
Los Alamos National Laboratory, as well as the disappearance of  
two computer hard drives containing highly sensitive weapons	 
information from that same laboratory, have raised concerns about
how effectively DOE protects classified information, particularly
the most sensitive classified information that is contained in	 
vaults and computer systems. DOE's security program consists of  
numerous strategies for protecting and controlling classified	 
information, such as controlling access to classified information
through physical and administrative barriers and determining	 
whether a person's work requires a "need to know" the		 
information. DOE has recently increased protection for top-secret
documents by revising its Classified Matter Protection and	 
Control Manual, which provides detailed requirements for the	 
protection and control of classified matter. This report reviews 
the (1) extent to which DOE's Sandia and Los Alamos National	 
Laboratories have implemented DOE's established access controls  
and need-to-know requirements for classified vaults and computer 
systems containing the most sensitive classified information as  
well as the adequacy of these requirements and (2) steps DOE is  
taking to upgrade protection of its classified information. GAO  
found that (1) the Los Alamos and Sandia National Laboratories	 
have implemented DOE's access controls and need-to-know 	 
requirements for both vaults and classified computer systems	 
containing the most sensitive classified information, but DOE's  
requirements for documenting need to know lack specificity,	 
allowing laboratory managers wide variation in interpretation and
implementation and (2) DOE has recently taken, and continues to  
take, steps to upgrade protection and control over its classified
information, but additional steps are needed.			 
-------------------------Indexing Terms------------------------- 
REPORTNUM:   GAO-01-806 					        
    ACCNO:   A01409						        
    TITLE:   Nuclear Security: DOE Needs to Improve Control Over      
             Classified Information                                           
     DATE:   08/24/2001 
  SUBJECT:   Classified information				 
	     Computer security					 
	     Facility security					 
	     Information leaking				 
	     Laboratories					 
	     DOE Classified Matter Protection and		 
	     Control Manual					 
								 

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GAO-01-806
     
Report to the Chairman, Committee on Energy and Commerce, House of
Representatives

United States General Accounting Office

GAO

August 2001 NUCLEAR SECURITY DOE Needs to Improve Control Over Classified
Information

GAO- 01- 806

Page i GAO- 01- 806 Nuclear Security Letter 1

Results in Brief 2 Background 3 Laboratories Have Implemented DOE's Access
Controls and Needto- Know Requirements, but These Requirements Could Permit

Unnecessary Access 5 DOE Needs to Further Enhance Security For Top Secret

Information and Expedite Implementation of Classified Information Security
Upgrades 11 Conclusions 14 Recommendations for Executive Action 15 Agency
Comments and Our Evaluation 15 Scope and Methodology 17

Appendix I Comments From the Department of Energy 19 Contents

Page 1 GAO- 01- 806 Nuclear Security

August 24, 2001 The Honorable W. J. ?Billy? Tauzin Chairman, Committee on
Energy and Commerce House of Representatives

Dear Mr. Chairman: The Department of Energy (DOE) maintains millions of
classified documents containing highly sensitive nuclear weapons design and
production information. Allegations that the Peoples Republic of China
obtained nuclear warhead designs from an employee of DOE's Los Alamos
National Laboratory, as well as the disappearance of two computer hard
drives containing highly sensitive weapons information from that same
laboratory, have raised concerns about how effectively DOE protects
classified information, particularly the most sensitive classified
information that is contained in vaults and computer systems.

DOE's information security program consists of numerous strategies for
protecting and controlling classified information, such as controlling
access to classified information through physical and administrative
barriers and determining whether a person's work requires a "need to know"
the information. DOE has recently increased protection for top secret
documents by revising its Classified Matter Protection and Control Manual,
which provides detailed requirements for the protection and control of
classified matter. DOE is also in the process of upgrading its Control of
Weapon Data Order, which establishes procedures for control of weapon-
related classified information, to provide additional control for highly
sensitive weapons information.

Because of the Committee's concerns about the security of classified
information, you asked us to determine (1) the extent to which DOE's Sandia
and Los Alamos National Laboratories have implemented DOE's established
access controls and need- to- know requirements for classified vaults and
computer systems containing the most sensitive classified information as
well as the adequacy of these requirements and (2) the steps DOE is taking
to upgrade protection of its classified information. As agreed with your
office, we reviewed the implementation of DOE's access controls and need-
to- know requirements at two of the weapons laboratories, Los Alamos
National Laboratory and Sandia National Laboratory, because of the volume,
sensitivity, and diversity of the classified matter held at these
facilities.

United States General Accounting Office Washington, DC 20548

Page 2 GAO- 01- 806 Nuclear Security

GAO has designated information security as a high- risk area governmentwide
because growing evidence indicated that controls over computerized federal
operations were not effective and because related risks were escalating.
This report does not address computer operations at DOE facilities. However,
we did address DOE's vulnerabilities in this area in a previous report on
DOE's systems for unclassified civilian research (GAO/ AIMD- 00- 140, June
9, 2000), and, because this is a high- risk area, over the next few years we
plan to continue to examine information security at DOE and other federal
agencies.

The Los Alamos and Sandia National Laboratories have implemented DOE's
access controls and need- to- know requirements for both vaults and
classified computer systems containing the most sensitive classified
information. However, DOE's requirements for documenting need to know lack
specificity, allowing laboratory managers wide variation in interpretation
and implementation. Need- to- know determinations made by laboratory
managers vary from detailed, specific, individual justifications to long-
term blanket approvals for hundreds of staff for all classified information
in a vault or computer system. More specific requirements and guidance for
documenting need- to- know determinations would help ensure that only
persons who require access to specific classified information to conduct
their current work are granted access to that information.

DOE has recently taken, and continues to take, steps to upgrade protection
and control over its classified information, but additional steps are
needed. DOE's recent revision of its Classified Matter Protection and
Control Manual adds several security requirements for top secret
information. However, the revised manual does not reinstitute several top
secret security requirements, in effect prior to 1998, that would enhance
the protection of top secret information by providing a more traceable
record of the document if it were to be lost. In addition, DOE is revising
its Control of Weapon Data order to increase the security of documents that
contain compilations of highly sensitive nuclear weapons information.
According to DOE officials, this order is to be issued in fall 2001.
However, this effort to upgrade security for the most sensitive weapons
documents has already been under way for almost 8 years. Before the order
can be issued, DOE must finish drafting it, distribute it for comment,
resolve the comments, and obtain the concurrence of all affected
organizations. These steps often take many months. Until the order is
issued, these documents will have a lower degree of protection. Results in
Brief

Page 3 GAO- 01- 806 Nuclear Security

We are making recommendations to the Secretary of Energy aimed at providing
more guidance for documenting need- to- know determinations, evaluating the
reinstitution of requirements for the protection and control of top secret
documents, and ensuring issuance of the order to increase protection over
certain documents.

In commenting on a draft of this report, DOE misunderstood the intent of our
recommendation for additional guidance for making need- to- know
determinations and disagreed with our recommendation for conducting a cost-
benefit study of reinstituting certain requirements for protecting top
secret documents. We have clarified our recommendation that DOE should
require better documentation of need- to- know determinations. We continue
to believe that DOE should evaluate the reinstitution of requirements for
top secret documents and ensure the issuance of the order to increase
protection for certain classified documents. Appendix I contains DOE?s
comments.

DOE is responsible for the nation's nuclear weapons programs. The National
Nuclear Security Administration (NNSA), a semi- autonomous administration
within DOE, carries out these responsibilities. The primary mission of the
NNSA's Albuquerque Operations Office is the stewardship and maintenance of
the nation's nuclear weapons stockpile. As part of that mission, the
Albuquerque Operations Office oversees two of DOE's major nuclear weapons
laboratories, the Los Alamos National Laboratory, located in Los Alamos, New
Mexico, and the Sandia National Laboratory, located in Albuquerque, New
Mexico. These laboratories were established in the 1940s as part of the
Manhattan Project to design, test, and assemble nuclear weapons. Los Alamos
National Laboratory officials estimate that the laboratory has about 7
million classified documents, while Sandia National Laboratory officials
estimate that the laboratory has over 2.5 million classified documents.

DOE policies for information security are contained in DOE Order 471.2A,
Information Security Program. DOE supplements its order with DOE M 471.2-
1C, Classified Matter Protection and Control Manual. The manual provides
requirements for the protection and control of classified matter and applies
to contractors with access to classified matter, including the contractors
operating the national weapons laboratories. The DOE manual requires that
access to classified matter be limited to persons who possess appropriate
access authorization and who require such access, that is, have a need to
know, in the performance of official duties. Need to know is defined as a
determination made by an authorized holder of classified Background

Page 4 GAO- 01- 806 Nuclear Security

information that a prospective recipient requires access to specific
classified information in order to perform or assist in a lawful and
authorized governmental function. Access is defined as the ability or
opportunity to gain knowledge of classified information.

The DOE manual states that control systems are to be established and used to
prevent unauthorized removal of classified information. The manual also
requires that certain classified material be put in accountability, which is
a system of procedures to provide an audit trail for classified matter when
it is originated, reproduced, transmitted, received, or destroyed. DOE
revised the manual several times in the 1990s to change the accountability
requirements for top secret and secret information. The latest revision was
issued in April 2001.

DOE has also required the laboratories to implement several enhancements in
response to a recent security incident. In June 2000, DOE discovered that
two computer disks containing sensitive weapons information were missing.
These disks, which were subsequently found, are used by DOE's Nuclear
Emergency Search Team and its Accident Response Group. These groups are
responsible for responding to nuclear weapon emergencies around the world,
such as terrorist threats. In response to this occurrence, in June 2000, the
former Secretary of Energy announced the following six security
enhancements:

 Institute a system to record all personnel's entry and exit from vaults
containing emergency response assets (such as laptop computers and hard
drives), nuclear weapons design information, weapons use control systems,
security vulnerabilities, or top secret information.

 Require that all open vaults containing emergency response assets, nuclear
weapons design information, weapons use control systems, security
vulnerabilities, or top secret information, be controlled at all times by at
least one person with appropriate clearance and need to know, and when not
controlled, be locked and alarmed.

 Require that DOE field offices evaluate vaults and security containers for
compliance with DOE requirements.

 Place removable electronic media in separate storage (not commingled with
other classified material) under accountability and conduct a baseline
inventory of the removable electronic media.

 Place Nuclear Emergency Search Team and Accident Response Group material
under accountability and conduct an inventory of that material.

 Require National Security Agency- approved encryption for high- volume
media containing certain classified information, including emergency

Page 5 GAO- 01- 806 Nuclear Security

response assets, nuclear weapons design information, weapons use control
systems, security vulnerabilities, and top secret information.

Our review at the Sandia and Los Alamos National Laboratories indicates that
existing DOE access controls and need- to- know requirements for both vaults
and classified computer systems are being carried out in practice and the
laboratories have implemented the Secretary's six security enhancements.
Recent DOE inspections and surveys resulted in similar conclusions. However,
these conclusions may not be especially meaningful because DOE's need- to-
know requirements are general, allowing laboratory managers wide latitude in
interpretation and implementation. Our review found that need- to- know
determinations ranged from detailed, specific, individual justifications to
"blanket" need to know for hundreds of employees- an entire organization- to
have access to all classified information for long or open- ended periods of
time. This could allow employees access to classified information that they
do not need to perform their current tasks.

DOE's security requirements state that access to classified information
shall be granted only to persons who possess the appropriate clearances and
need to know. Supervisors and other responsible officials who are
knowledgeable about the classified information and the responsibilities of
the individual may determine need to know. Implementing guidance provided by
the Sandia and Los Alamos National Laboratories echoes the DOE requirements.
For example, the Sandia National Laboratory manual for classified
information states that employees may only grant access to classified
information to other individuals with similar work needs, and it cautions
that possession of a security clearance does not give that person a right to
have access to classified information unless the person has a legitimate
work need.

We found that DOE?s access control and need- to- know requirements were
being followed for the vaults and classified computer systems at Sandia and
Los Alamos National Laboratories. Line managers had certified that staff had
proper clearances and a need to know before access to vault and Laboratories
Have

Implemented DOE's Access Controls and Need- to- Know Requirements, but These
Requirements Could Permit Unnecessary Access

Laboratories Conform With DOE Access Controls and Need- to- Know
Requirements

Page 6 GAO- 01- 806 Nuclear Security

classified computer systems- and the information contained therein- was
granted. 1

In addition, we found that the former Secretary of Energy's June 2000
enhancements had been implemented to the extent possible. The first
enhancement required instituting a system to record all persons entering and
leaving vaults containing certain highly sensitive classified information.
The laboratories have required that all vaults have systems for recording
the entrance and exit of personnel, and all the vaults we reviewed had
implemented either an electronic or manual system to record the entrance and
exit of all staff and visitors.

For the second enhancement, all open vaults containing certain highly
sensitive classified information were required to be controlled by at least
one person with appropriate clearance and need to know, and when not
controlled, to be locked and alarmed. The laboratories have instituted this
requirement and have forbidden a previous practice of leaving an
uncontrolled vault locked, but not alarmed, for several hours during the
normal working day.

For the third enhancement, DOE field offices were required to evaluate
vaults and security containers. The Albuquerque Operations Office has
reviewed vaults and security containers at the Sandia and Los Alamos
National Laboratories and found that DOE requirements for vaults and
security containers were being followed. In addition, the Albuquerque
Operations Office's Kirtland Area Office has evaluated about 35 percent of
Sandia National Laboratory's vaults and found that they met or exceeded
current DOE requirements for vault configuration and operation.

The fourth enhancement required that removable electronic media, such as
computer disks, not be commingled with classified documents and that these
media be placed in accountability and be inventoried. This enhancement has
been implemented. Removable electronic media have been placed in separate
storage and in an accountability system, and inventories have been
completed. The requirement for separate storage was rescinded on October 2,
2000, because it was believed that security

1 According to officials at Los Alamos and Sandia National Laboratories,
computer system administrators, by virtue of their jobs, have access to
everything on the systems. To mitigate the risks, the laboratories' system
administrators are cleared to the highest level of information on the
system. In addition, the Los Alamos National Laboratory separates the duties
of system administrators.

Page 7 GAO- 01- 806 Nuclear Security

measures already in place were adequate and that separate storage did not
provide more security.

The fifth enhancement required that classified equipment and information
belonging to the Nuclear Emergency Search Team and Accident Response Group
be kept in separate storage, be placed in accountability, and be
inventoried. This requirement has been completed at both Sandia and Los
Alamos National Laboratories.

Finally, under the sixth enhancement, certain classified electronic media
were required to be encrypted. Both laboratories had implemented this
requirement to the extent possible. Part of the enhancement covered
databases deployed with DOE emergency response teams. Encryption
technologies for classified electronic media must be approved by the
National Security Agency. There is a National Security Agency- approved
encryption technology for one of the computer operating systems that the
laboratories use for these databases and encryption is in place on that
system at both laboratories. Another part of the enhancement covered highly
classified information on other computer operating systems. However, all
computer systems could not be encrypted because the National Security Agency
has not approved encryption software for these other computer operating
systems. The agency has told DOE that it is working on a hardware- based
solution and that the time frame for availability is not currently known. In
the meantime, those systems may be encrypted with an interim solution
software until the National Security Agency?s hardware- based solution is
available.

Recent inspections by DOE's Office of Independent Oversight and Performance
Assurance and surveys by DOE's Albuquerque Operations Office generally had
similar observations on access, need to know, and the June 2000
enhancements. An October 2000 report by the Office of Independent Oversight
and Performance Assurance on Sandia National Laboratory did not cite any
problems related to implementation of DOE vault or classified computer
network access or need- to- know requirements. The report also indicated
that the June 2000 security enhancements had been implemented at the Sandia
National Laboratory. A July 2000 Albuquerque Operations Office survey report
on the Sandia National Laboratory similarly had no vault or computer network
access or need- to- know findings and found that the laboratory had
successfully implemented the DOE- mandated enhanced protection measures.

In August 2000, reporting on the Los Alamos National Laboratory, DOE's
Office of Independent Oversight and Performance Assurance had no

Page 8 GAO- 01- 806 Nuclear Security

specific recommendations concerning compliance with DOE access or need- to-
know requirements. The Office also found that Los Alamos National Laboratory
had completed the former Secretary of Energy's June 2000 security
enhancements. The Albuquerque Operations Office September 2000 security
survey at Los Alamos National Laboratory inspected containers storing
classified documents and had no findings. That survey did not review the
security enhancements.

We found that line managers at the laboratories were making and approving
need- to- know determinations in accordance with DOE's requirements.
However, the nonspecific nature of those requirements allowed wide latitude
in their implementation. While differences in the type of work performed may
justify some differences and required some flexibility in implementation, it
is difficult to determine if the differences were warranted because the
need- to- know determinations were inconsistent in documenting (1) the
reasons an individual's work requires access to classified information, (2)
time during which an individual has a need to know, and (3) information that
an individual has a need to know. In addition, in some cases, the use of
"blanket" need- to- know authorizations resulted in the undocumented
authorization of all personnel in a laboratory division or department to
access all classified information indefinitely.

DOE and the Sandia and Los Alamos National Laboratories require managers to
determine that an individual's work requires a need to know the classified
information before the individual is granted access to the information.
There is no requirement on how this determination should be documented and
what criteria should be used. As a result, the degree of specificity in
documenting need- to- know determinations varied widely. For example, at one
vault, a justification form, which specifies the nature of each individual's
work and states specifically why the individual has a need to know the
classified information in the vault, is required before vault access is
permitted. In contrast, at other vaults, documentation consisted only of a
list of persons granted access by the signing manager. Each individual on
the list may have a legitimate need to know as determined by that
individual's manager; however, there is no documentation to justify that
determination.

Need- to- know determinations for some classified computer systems were also
not documented. One classified computer system required that the manager
approve each individual for access to the system. The manager certified that
the individual had appropriate clearance, but there was no Need- to- Know

Determinations Are Not Well Documented

Page 9 GAO- 01- 806 Nuclear Security

documented reason provided for why the access was necessary or justification
of the individual's need to know based on the work being done.

We also noted a wide variation in the degree of documentation of need-
toknow time limitations. Both laboratories require that access be limited to
the term that the individual has a legitimate work- related need to know,
but the documentation on need- to- know time limitations varied. At one
vault, access time was specifically limited to the exact calendar days an
individual had a work- related need to know for classified data in the
vault. In contrast, for another vault, the manager initially determines that
an individual has a need to access the information. An annual review is
conducted to determine if all personnel still have a work- based need to
know.

For another classified computer system, virtually open- ended access is
granted. The manager initially signs a form stating that the individual has
a clearance. This form authorizes access to the system. The form does not
specify a time period for which the individual will require access to the
system- only that the manager will notify the system manager when the
individual transfers, terminates, or no longer requires access to the
system.

Similarly, DOE's requirements for determining what specific classified
information an employee has a need to know do not specify a process or
procedure. DOE and both laboratories require that an individual be allowed
access to only the classified information for which that individual has a
work- based need to know. However, the determination is generally not
documented, and the degree of specificity varied. In one vault where
specific determinations were made, all classified information was stored in
individually locked safe drawers. Staff could access only the drawers
containing the information for which they had been determined to have a need
to know. More typical, however, were vaults where staff had access to
thousands of documents in open storage.

At some vaults, need- to- know time determinations combined nonspecific
justifications, time duration, and access to information. Need to know was
authorized to entire groups- rather than to only those who had been
individually justified- for all classified information in a vault for long
or indefinite periods of time. This practice has been referred to as a
"blanket" or common need to know. At one vault we reviewed, 250 staff-
basically the division's entire roster of nuclear engineers, nuclear
physicists, and physicists- were granted access to all information (about
50,000

Page 10 GAO- 01- 806 Nuclear Security

documents) in the vault for a period of 1 year without any specific
documentation. Laboratory officials told us that the list of staff with need
to know and access to the vault is reviewed annually. Laboratory officials
explained that management has determined that the entire staff's work is
relevant to all information stored in the vault. The Los Alamos National
Laboratory has issued two criteria for using blanket need to know:

 "Project activities are sufficiently integrated as to require that all
program staff may require access to any project- related classified matter
at any time.

 [A] project is of a research nature and as such project staff may require
access to all project- related classified matter at any time."

According to our review of their usage patterns, however, it does not appear
that all staff require unlimited access to classified data. At the Los
Alamos vault, all 250 staff with "Q" clearances in the group were granted
access to all 50,000 classified documents in the aforementioned vault, but
only about 25 division staff access information in the vault on a regular
basis, according to the vault custodian. This could indicate that these 25
individuals are the only staff that actually do have a need to access the
information in the vault on a continuing basis. Others could be granted
access for specific periods of time- as they need it. In addition, without
more detailed documentation, it is not clear that the 25 individuals who
access the vault regularly or others who use the vault less often, need
access to all 50,000 documents in the vault.

DOE's Office of Independent Oversight and Performance Assurance has also
reviewed need- to- know processes, and in June 2000, it reported on blanket
need- to- know determinations. It found that in some organizations,
laboratory officials "made a blanket determination that everyone in the
Division needed access to all information located in a large vault that had
a wide variety of information on different programs. While a questionable
practice, there are no specific provisions in the DOE order that explicitly
preclude such a practice." The Office recommended that DOE clarify needto-
know policy by adding "prudent measures to restrict access to those with a
specific need to know (rather than unilateral decisions that an entire
Division has a need to know all information in a vault or program)." 2

2 Report on the Control of Classified Weapons Data at the National Weapons
Laboratories, Office of Independent Oversight and Performance Assurance, U.
S. Department of Energy, June 22, 2000.

Page 11 GAO- 01- 806 Nuclear Security

DOE is upgrading its protection and control of classified information. DOE
has issued a revision of its classified matter protection and control
requirements to increase security and accountability for top secret
information. However, the revision lacks several top secret security access
controls that were in place prior to 1998. These controls, if reinstituted,
would provide a more traceable record of the document in the event it
becomes lost. In addition, DOE has worked with the Department of Defense and
is revising an order to increase security for compilations of the most
sensitive classified information, to be designated "Sigma 16." However, the
Sigma 16 initiative has been in process for almost 8 years, and according to
DOE officials, the order will not be issued until the fall of 2001, at the
earliest. Before the order can be issued, DOE must finish drafting the
order, distribute it for comment, resolve the comments, and obtain the
concurrence of all affected organizations, processes that often take many
months to complete. Until the order is issued, these documents will be
provided a lower degree of protection.

DOE issued its revised Classified Matter Protection and Control Manual on
April 17, 2001. The manual requires the following new requirements for top
secret information:

 conduct an annual inventory of all top secret documents;

 establish control stations to maintain records and control top secret
matter received by or dispatched from facilities; and

 maintain accountability records to record when top secret documents are
originated, reproduced, transmitted, received, destroyed, or changed in
classification.

Prior to 1998, DOE required accountability for top secret information that
included annual 100- percent inventories, accountability records, unique
identification numbers, a top secret control officer, records of individuals
who have access to the documents, internal transfer receipts, external
transfer receipts, and approval for reproduction. In 1998, DOE removed top
secret matter from accountability, which eliminated many of these
requirements. According to DOE officials, the time and cost of performing
the requirements did not sufficiently add to the assurance that the
information was being controlled.

While the revised Classified Matter Protection and Control Manual reinstates
some of these security procedures, it does not include two pre1998
requirements. The revised manual does not require approving reproduction of
top secret documents and maintaining an access list for DOE Needs to Further

Enhance Security for Top Secret Information and Expedite Implementation of
Classified Information Security Upgrades

Revisions to Top Secret Information Security Requirements Lack Key Controls

Page 12 GAO- 01- 806 Nuclear Security

each top secret document. DOE officials informed us that these requirements
were not reinstituted because they were not cost effective- the additional
cost was not justified by the additional protection provided. In addition, a
DOE official said that under the new requirements, each organization that
has top secret documents will maintain accountability for these documents.
The DOE official also said that if a top secret document should not be
reproduced, it should be specifically marked that reproduction is not
allowed without the originator's approval. Finally, according to the DOE
official, a top secret access list was a formality to document need to know.
Supervisors are currently responsible for determining need to know.

DOE's argument that these requirements are not cost effective is not
supported by a cost- benefit analysis or a study, and DOE officials could
not provide us with cost estimates for implementing the requirements.
Although DOE has decided not to reinstitute these requirements, some
organizations have determined that these procedures are necessary. For
example, the Sandia National Laboratory maintains top secret access lists
and requires pre- approval for the reproduction of top secret documents.
DOE's Office of Defense Programs also maintains top secret access lists.
Security officials at Sandia and Defense Programs said that they maintained
these controls on top secret documents, even though they were not required,
because they believed those procedures are necessary to adequately protect
and control top secret information.

These accountability measures provide an additional level of control for top
secret information. A top secret access list would further enhance security
of top secret matter by documenting which staff are authorized and required
to have access to a specific top secret document. Reproduction approval
ensures that only authorized copies of top secret documents are made and
that those copies are properly entered into accountability.

On December 7, 1993, the former Secretary of Energy announced an "Openness
Initiative" in an effort to make information in areas of concern to the
public more accessible. As a result, large numbers of classified documents
were declassified and released. A DOE official told us that because so many
documents were being declassified, DOE officials believed that the more
sensitive documents should be better protected. DOE Order to Protect the

Most Sensitive Classified Documents Is Not Expected to Be Issued Until Fall
2001

Page 13 GAO- 01- 806 Nuclear Security

Subsequently, in response to the National Industrial Security Program
Operating Manual, 3 DOE and the Department of Defense began discussing
clearances and access to classified information.

In January 1997, DOE recommended more stringent security measures be
implemented for the protection of 137 classified information topics that had
been identified as the most sensitive. By 1999, DOE and the Department of
Defense had reduced the number of topics to 65, but, according to DOE
officials, the potential costs of implementing a program to better protect
such information "choked" the project, and a joint DOE/ Department of
Defense group was formed to look at feasible alternatives. According to
members of this group, rather than not do anything about a large number of
topics, the group decided to increase security for a smaller number of
items. The group agreed to create a new designation- Sigma 16- for these
items. Sigmas are categories of information related to the design,
manufacture, or utilization of atomic weapons or nuclear explosive devices
that require different or more stringent protection. Sigma 16 will be a new
category comprised of documents containing (1) nuclear weapons design
specifications that would permit the reproduction and function of the weapon
and (2) aggregations of design information that provide comprehensive
insight into nuclear weapon capability, vulnerability, or design
philosophies.

According to DOE officials, when the designation becomes effective, all
Sigma 16 documents at all classification levels (top secret, secret, and/ or
confidential) would be placed in accountability, including inventories and
documentation of reproduction, transfers, and destruction. Access lists will
be required and single scope background investigations will be required for
access. 4 One person will be identified to ensure accountability of Sigma 16
documents. These additional security measures are not currently required for
these documents. DOE and the Department of

3 The National Industrial Security Program Operating Manual prescribes
requirements and other safeguards that are necessary to prevent unauthorized
disclosure of classified information and to control authorized disclosure of
classified information released by the U. S. government to its contractors.
The Secretary of Defense is responsible for issuing the manual with the
concurrence of DOE, the Nuclear Regulatory Commission, and the Central
Intelligence Agency.

4 The single scope background investigation is a full field background
investigation concerning the most recent 10 years of an individual's life.
This is in addition to the National Agency Check normally conducted. The
National Agency Check is a name check of the individual at appropriate
federal and local law enforcement agencies, credit search, and a
classification of the individual's fingerprints.

Page 14 GAO- 01- 806 Nuclear Security

Defense approved Sigma 16 on December 7, 2000. The category will not be in
effect until DOE issues a revised Control of Weapon Data Order (currently
DOE 5610.2, dated Aug. 1, 1980). DOE does not expect to issue the revised
order before October 2001. However, before the order can be issued, DOE must
finish drafting the order, distribute it for comment, resolve the comments,
and obtain the concurrence of all affected organizations, processes that
often take many months.

Although the Sandia and Los Alamos National Laboratories have implemented
DOE's requirements for access and need to know for vaults and classified
computer networks, DOE does not have requirements for documenting need- to-
know determinations. Without such requirements, the justification for
granting need to know was not documented in many cases and DOE cannot ensure
that access to classified information is limited only to individuals who
have appropriate clearances and whose work requires access to specific
classified information for a specific period of time. In addition, the use
of blanket need- to- know determinations allows groupwide determinations to
be made for access to all information in a vault on a continuing basis.
However, blanket determinations bypass documentation of the specific
considerations necessary to ensure that only the personnel who actually have
a need for specific classified information are granted access for the time
they actually require and therefore should be used only as an exception to
individual need- to- know determinations. Additional guidance is needed to
define when such exceptions would be appropriate.

DOE has recently enhanced security for top secret information, but it did
not reinstate the requirements for a top secret access list and reproduction
of top secret documents only with authorization. DOE's statement that these
requirements are not cost effective is not supported by cost data or a cost-
benefit analysis or study. We believe reinstituting these procedures would
increase security for top secret documents by providing better dayto- day
control of these documents and better records for tracking the documents if
they are ever missing. In view of the potential benefits of these controls,
DOE needs to support its position that these controls are not cost
effective. This is particularly important, given that these requirements are
still being performed in some organizations because they are considered to
be effective.

Finally, DOE is revising an order that would increase security for certain
classified information, to be designated as Sigma 16. This classified
information will not receive increased security until the order is approved.
Conclusions

Page 15 GAO- 01- 806 Nuclear Security

DOE has many processes to complete before the revisions to the order are
final, approved, and implemented. Given the importance of the order,
however, DOE needs to make sure that it meets its fall 2001 deadline for
implementation.

To improve classified document security and accountability, we recommend
that the Secretary of Energy:

 Issue more specific requirements for documenting need- to- know
determinations.

 Provide guidance on when the use of "blanket" need- to- know approvals for
large numbers of employees is appropriate and how it should be documented.

 Conduct cost- benefit analyses for reinstituting the requirements for top
secret access lists and approval for reproduction of top secret documents.

 Ensure the issuance of the revised Control of Weapon Data order
establishing Sigma 16 by fall 2001.

We provided DOE with a draft of this report for its review and comment. In
general, the Department disagreed with three of our recommendations- the
need for more specific requirements for making need- to- know
determinations, the use of blanket need- to- know justifications, and the
reinstatement of certain top secret security requirements.

First, DOE misunderstood the intent of our recommendation concerning
requirements for need- to- know determinations. We are not recommending that
DOE should adopt more stringent rules for granting need to know. We believe
that DOE needs to require better documentation of the analysis and
justifications for granting need to know. We acknowledge that there are
differences in the type of work performed that may justify some differences
and require some flexibility in need- to- know implementation. However, it
is difficult to determine if the differences in implementation are warranted
because need- to- know determinations are not documented the same at and
within various DOE sites. We have clarified our recommendation that the
Secretary of Energy should issue more specific requirements for documenting
need- to- know determinations.

Second, DOE disagreed with our recommendation for guidance on the use of
blanket need to know. DOE stated that there are situations in which broad,
or blanket, need- to- know access is granted but that these are restricted
to very specific situations, (for example, X- Division at Los
Recommendations for

Executive Action Agency Comments and Our Evaluation

Page 16 GAO- 01- 806 Nuclear Security

Alamos National Laboratory) where large organizations are collaborating on
one program- such as nuclear weapons stockpile stewardship. DOE believes
that there should not be more ?granular? access to the 50,000 classified
documents within the X- Division vault, because the information is derived
from a fairly common foundation (weapons physics) and represents the
underlying science applied to a wide variety of test shots and other
analytical activities. Also, DOE stated that combining more restrictive
access with a requirement to limit the time period for access does not
consider that many of the staff involved spend their entire careers in a
particular aspect of national security.

We do not dispute that in some situations blanket need to know may be
warranted. However, DOE has no guidance or criteria to allow a determination
of these situations. DOE?s comments cited X- Division at the Los Alamos
National Laboratory as an example of where blanket need to know is
appropriate. Our review of X- Division, however, revealed no documentation
that justifies the need for every person in X- Division to have access to
all the division?s classified documents at all times. DOE, in its comments,
acknowledges that clarification of the roles and responsibilities and the
use of blanket authorizations may be necessary. It stated that
clarification, if necessary, will be issued in the first quarter of fiscal
year 2002.

DOE also disagreed with the recommendation to conduct a formal costbenefit
analysis for the reinstitution of the requirements regarding a top secret
control officer, top secret access lists, and pre- approval for the
reproduction of top secret information. DOE believes that its current policy
has reasonably and responsibly defined the objectives and requirements for
protecting classified information, including top secret. DOE also stated
that a requirement for a top secret control officer is not cost effective at
facilities that have a small number of top secret documents because the
revised Classified Matter Protection and Control Manual required
establishment of control stations that carry out functions similar to
control officers.

We do not agree that the requirement by itself for control stations provides
security and control similar to that previously provided by the top secret
control officers. However, the requirement for control stations in
conjunction with the April 2001 reinstatement of accountability for top
secret documents meets the intent of our recommendation. Accordingly, we
have deleted our recommendation that DOE do a cost- benefit study of
reinstituting the top secret control officer.

Page 17 GAO- 01- 806 Nuclear Security

Regarding conducting a cost- benefit study of reinstituting the requirements
for top secret access lists and pre- approval for reproduction of top secret
documents, DOE has no basis to support its belief that access lists and
reproduction approval are not cost effective. We have not recommended that
DOE reinstitute this requirement. However, we maintain that these
requirements, which were in effect until 1998, have the potential to
increase control over top secret documents and that DOE should conduct a
study of their costs and benefits.

DOE agreed to ensure the issuance of the revised Control of Weapon Data
order by November 2001.

To answer your questions, we visited DOE's Germantown, Maryland, and
Washington, D. C., offices; obtained documents, DOE orders, and DOE manuals;
and interviewed cognizant officials about DOE's requirements for need to
know and access controls. We also visited the Los Alamos and Sandia (New
Mexico) National Laboratories, obtained documents and requirements, and
interviewed cognizant laboratory officials concerning their access controls
and need- to- know requirements. During our visits to the laboratories, we
inspected and observed operating procedures for vaults containing the most
sensitive classified information, as determined by laboratory officials.

GAO has designated information security as a high- risk area because growing
evidence indicated that controls over computerized federal operations were
not effective and because related risks were escalating. This report does
not address computer operations at DOE facilities. Rather, as agreed with
your staff, we evaluated the administrative requirements and managerial
decisions on who is allowed access to classified information on DOE's
classified computer systems. In this regard, we reviewed DOE's
administrative requirements and the laboratories' compliance with those
requirements. We have also issued a report that described vulnerabilities in
DOE's systems for unclassified civilian research, 5 and as a high- risk
area, over the next few years, we plan to continue to examine information
security at DOE and other federal agencies.

5 Information Security: Vulnerabilities in DOE's Systems for Unclassified
Civilian Research, GAO/ AIMD- 00- 140, June 9, 2000. Scope and

Methodology

Page 18 GAO- 01- 806 Nuclear Security

As arranged with your office, unless you publicly announce its contents
earlier, we plan no further distribution of this report until 10 days after
the date of this letter. At that time, we will send copies of the report to
the Ranking Minority Member, House Committee on Energy and Commerce; the
Secretary of Energy; and the Director, Office of Management and Budget. We
will also make copies available to others on request.

If you or your staff have any questions about this report, please call me at
(202) 512- 3841. Major contributors to this report were William Fenzel,
Kenneth E. Lightner, Jr., Ilene Pollack, and Susan W. Irwin.

Sincerely yours, (Ms.) Gary L. Jones Director, Natural Resources and
Environment

Appendix I: Comments From the Department of Energy

Page 19 GAO- 01- 806 Nuclear Security

Appendix I: Comments From the Department of Energy

Note: GAO comments supplementing those in the report text appear at the end
of this appendix.

See comment 1.

Appendix I: Comments From the Department of Energy

Page 20 GAO- 01- 806 Nuclear Security

Appendix I: Comments From the Department of Energy

Page 21 GAO- 01- 806 Nuclear Security

See comment 3. See comment 2.

Appendix I: Comments From the Department of Energy

Page 22 GAO- 01- 806 Nuclear Security

See comment 7. See comment 6.

See comment 5. See comment 4.

Appendix I: Comments From the Department of Energy

Page 23 GAO- 01- 806 Nuclear Security

See comment 10. See comments 2 and 3.

See comment 9. See comment 9.

See comment 8.

Appendix I: Comments From the Department of Energy

Page 24 GAO- 01- 806 Nuclear Security

Appendix I: Comments From the Department of Energy

Page 25 GAO- 01- 806 Nuclear Security

The following are GAO?s comments on the letter dated August 13, 2001, from
the Director, Office of Security and Emergency Operations.

1. We recognize that our recommendation, if implemented, would result in
additional policies and requirements. Compliance with these additional
policies and requirements could result in changes in operations in some
organizations, but other organizations? current operating procedures would
comply without significant changes. These inconsistencies are the reason
additional guidance is necessary. While additional guidance may go beyond
what is required in other agencies, given the nature of the classified
information held by DOE and its contractors and the consequences that could
result from its unauthorized release, we believe additional guidance is
necessary. This view is also held by DOE?s own Office of Independent
Oversight and Performance Assurance. In a June 2000 report, the Office
stated: ?The

current national requirements for controlling classified matter are not as
stringent and clear as needed in light of DOE?s particularly sensitive
nuclear- weapons- related information; improvements in policy are needed to
further enhance security at DOE sites.?

2. As we noted on page 16 of this report, we recognize that blanket need to
know may be warranted in certain cases. We are concerned, however, that DOE
has no guidance or criteria for judging when that blanket need to know is
appropriate or how it should be documented.

3. We believe that DOE has misinterpreted our views of the laboratories?
implementation of DOE?s need- to- know requirements. We have clarified the
wording of our recommendation. We are recommending that DOE provide guidance
on documenting need- to- know determinations. As the guidance is currently
implemented, in many cases, the lack of documentation makes it impossible to
determine (1) the basis for granting need to know, (2) the specific
information for which access was granted, and (3) the time period for which
access was granted. The flexibility that DOE says it requires would not be
limited by a requirement to document the basis and nature of the needto-
know determination. Such documentation would allow, and better justify,
granting need to know in the wide range of activities conducted at DOE?s
laboratories.

4. By nature, blanket need to know lacks specific determinations for
individual access. The Los Alamos National Laboratory?s criteria for using
blanket need to know specifically states that blanket need to GAO Comments

Appendix I: Comments From the Department of Energy

Page 26 GAO- 01- 806 Nuclear Security

know is granted to ?all program staff? for ?all project- related classified
matter at any time.? Los Alamos National Laboratory does not document the
specific justification for each individual included in a blanket need to
know.

5. The DOE Classified Information Systems Security Manual contains a
requirement for annual revalidation of classified computer system accounts
by verifying the user?s phone number, address, and sponsor. There is no
requirement to revalidate the user?s need to know. In fact, the manual
provides for removing the user?s account only when the user leaves the
organization or loses access to the system ?for cause.? In practice, we
found that access to the classified computer system discussed on page 9-
once granted- remained valid until the employee transferred or was
terminated, or someone made a determination that the employee should no
longer have access.

6. As we noted on page 16 of this report, the requirement for control
stations in conjunction with the April 2001 reinstitution of accountability
for top secret documents appears to meet the intent of the recommendation
that was contained in our draft report. Accordingly, we have deleted that
recommendation from this report.

7. As suggested, we have modified our statement to change ?procedures?

to ?requirements.? The question of whether these requirements are new is a
matter of semantics. These security processes were required prior to 1998
when accountability for top secret matter was no longer required. They were
eliminated in 1998 and were not required again until April 2001, when most
of them were reinstituted. In the sense that they were not required from
1998 to 2001, they are new requirements.

8. Our statement that in 1998, DOE eliminated procedures for protecting top
secret information is correct. The 1998 and 1999 iterations of the
Classified Matter Protection and Control Manual required accountability
records, inventories, and control stations only for top secret matter stored
outside of ?limited areas,? that is, areas with higher levels of physical
protection. All DOE and laboratory areas storing top secret matter that were
included in the scope of our review were inside limited areas. Reinstituting
accountability for top secret inside limited areas did not occur until April
2001. Therefore, from 1998 until April 2001 accountability records,
inventories, and control stations were not required for top secret
information stored inside limited areas, including the areas that were part
of our review.

Appendix I: Comments From the Department of Energy

Page 27 GAO- 01- 806 Nuclear Security

9. As noted on page 16 of this report, the use of control stations combined
with DOE?s April 2001 reinstitution of accountability for top secret
information meets the intent of the recommendation that was contained in our
draft report. We have deleted that recommendation.

10. As noted on page 16 of this report, the use of control stations combined
with DOE?s April 2001 reinstitution of accountability for top secret
information meets the intent of the recommendation that was contained in our
draft report. We have deleted that recommendation. We continue to believe
that DOE should conduct an analysis of the costs and benefits of
reinstituting top secret access lists and preapproval for the reproduction
of top secret information. These procedures were required prior to 1998 and
are currently used by some DOE organizations and contractors to control top
secret information.

(141488)

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