INDEX


U.S. Department of Energy                                  ORDER
     Washington, D.C.                                   DOE 5633.3B
                                                           9-7-94

SUBJECT:  CONTROL AND ACCOUNTABILITY OF NUCLEAR MATERIALS

1.  PURPOSE.  To prescribe the Department of Energy (DOE) minimum
    requirements and procedures for control and accountability of nuclear
    materials at DOE-owned and -leased facilities and DOE-owned nuclear
    materials at other facilities which are exempt from licensing by the
    Nuclear Regulatory Commission.

2.  CANCELLATIONS.

    a.   DOE 5633.2A, CONTROL AND ACCOUNTABILITY OF NUCLEAR MATERIALS:
         RESPONSIBILITIES AND AUTHORITIES, of 9-23-92.

    b.   DOE 5633.3A, CONTROL AND ACCOUNTABILITY OF NUCLEAR MATERIALS, of
         2-12-93.

    c.   DOE 5633.4, NUCLEAR MATERIALS TRANSACTIONS:  DOCUMENTATION AND
         REPORTING, of 2-9-88.

    d.   DOE 5633.5, NUCLEAR MATERIALS REPORTING AND DATA SUBMISSION
         PROCEDURES, of 5-22-87.

3.  APPLICABILITY/EXCLUSIONS/DEVIATIONS.

    a.   General.  This Order applies to nuclear materials at Department of
         Energy-owned and -leased facilities and DOE-owned nuclear material
         at other facilities which are exempt from licensing by the Nuclear
         Regulatory Commission.

    b.   Application to Contracts.  Except for the exclusions in paragraph
         3c, the provisions of this Order are to be applied to covered
         contractors and they will apply to the extent implemented under a
         contract or other agreement.  A covered contractor is a seller of
         supplies or services that is awarded a procurement contract or
         subcontract and either possesses, uses, or ships nuclear materials
         at DOE-owned or -leased facilities; or possesses, ships, or uses
         DOE-owned nuclear material at an offsite facility exempt from
         Nuclear Regulatory Commission licensing and regulation.

    c.   Exclusions.  This Order does not apply to DOE-owned nuclear
         materials at Department of Defense facilities or foreign
         facilities.  To avoid duplicative or conflicting requirements, DOE
         facilities, projects, and programs under the cognizance of the
         Office of Civilian Radioactive Waste Management and subject to
         Nuclear Regulatory Commission regulation shall use the rules,
         standards, and criteria specified by the Nuclear Regulatory
         Commission or Nuclear Regulatory Commission Agreement State in lieu
         of this Order.

    d.   Deviations.  Deviations from the requirements prescribed by this
         Order shall be processed in accordance with DOE 5630.11B,
         SAFEGUARDS AND SECURITY PROGRAM.

4.  REFERENCES AND DEFINITIONS.  See Attachment 1 for references.
    Definitions of commonly-used terms are provided in the "Safeguards and
    Security Definitions Guide," which is maintained by the Office of
    Safeguards and Security.

5.  POLICY.  The nuclear materials subject to this Order shall be controlled
    and accounted for in a graded manner consistent with the design basis
    threat and with their strategic and monetary importance.  Where
    applicable, the site-specific safeguards and security planning document
    will contain the design basis threat requirements which may reflect some
    modifications to meet site-specific needs.  Material control and
    accountability systems will provide accurate nuclear materials inventory
    information; control nuclear materials in order to deter and prevent
    loss or misuse; provide timely and localized detection of unauthorized
    removals of nuclear materials within specified limits; provide assurance
    that all nuclear materials are accounted for and that theft/diversion
    has not occurred; and assist in the prevention of radiological and/or
    toxicological sabotage involving nuclear materials that could adversely
    impact national security, the health and safety of employees, the
    public, or the environment.  In addition, DOE will:

    a.   Assure that material control and material accountability measures
         are designed to facilitate, to the extent practical, cost effective
         integration of the operational mission of the program with
         environmental, health, and safety, and physical protection
         considerations.

    b.   Provide accountability and control data on a timely and uniform
         basis for nuclear material safeguards and nuclear materials
         management.

    c.   Assure that nuclear materials or equipment supplied to nations or
         persons abroad are subject to measures designed to assure that they
         are used for official purposes only, pursuant to an agreement for
         cooperation or other understanding with the United States.

    d.   Facilitate the development and implementation of foreign country
         and International Atomic Energy Agency safeguards systems.

6.  RESPONSIBILITIES AND AUTHORITIES.

    a.   Heads of Headquarters Elements shall:

         (1)  Provide oversight for the implementation of material control
              and accountability of nuclear materials for all DOE activities
              under their jurisdiction in conformity with the policies,
              procedures, planning, and other requirements set forth in the
              DOE 5630 series of directives, and set policies, procedures,
              and requirements for nuclear materials not specifically
              covered in the DOE 5630 series.

         (2)  Ensure that responsibilities and authorities for materials
              control and accountability of nuclear materials are addressed
              in the Memorandums of Agreement and associated appendices
              between Heads of Headquarters Elements and Managers of
              Operations Offices.

         (3)  For matters under their cognizance, ensure that
              self-assessment offices conduct independent assessments of the
              adequacy of DOE and contractor performance of their
              responsibilities for material control and accountability of
              nuclear materials.

         (4)  For matters under their cognizance, ensure an individual(s) is
              (are) designated to be responsible for bringing to the
              attention of the contracting officer each procurement falling
              within the scope of this Order.  Unless another individual is
              designated, the responsibility is that of the procurement
              request originator (the individual responsible for initiating
              a requirement on DOE F 4200.33, "Procurement Request
              Authorization").

         (5)  Through contracting officers require that:

              (a)  Each contractor and subcontractor under their
                   jurisdiction who may use or possess nuclear materials as
                   identified in Figure I-1, page I-2, is required by
                   contract to develop and maintain current written
                   procedures for safeguards control and accountability of
                   nuclear materials.

              (b)  Each contract under which nuclear materials are to be
                   supplied contains appropriate safeguards provisions
                   consistent with DOE policy.

              (c)  Inventory and scrap levels of nuclear materials held by
                   contractors and subcontractors under their jurisdiction
                   are minimized to be consistent with operational needs and
                   good safeguards practices.

         (6)  Ensure material control and accountability requirements are
              considered in all phases of design of new facilities/
              operations under their cognizance.

         (7)  Ensure appropriate actions are taken to correct safeguards
              deficiencies at facilities under their cognizance.

    b.   Director of Nonproliferation and National Security through the
         Director of Security Affairs shall:

         (1)  Establish DOE-wide policies, procedures, and standards for the
              material control and accountability of special nuclear
              material and other designated nuclear materials.

         (2)  Submit reports to the Secretary on the status of the
              safeguards program in conjunction with the Annual Report to
              the President on the Status of Safeguards and Security of
              Domestic Nuclear Weapons Facilities.

    c.   Director of Safeguards and Security shall:

         (1)  Develop, after coordination with appropriate Departmental
              elements, DOE-wide policies, procedures, and standards, and
              provide staff guidance for the safeguarding of nuclear
              materials.

              (a)  Develop and establish policies, procedures, and standards
                   concerning the documentation of nuclear materials
                   transactions, inventories, and material balances
                   affecting DOE Headquarters and field elements,
                   contractors, and subcontractors.

              (b)  Develop and establish policies, procedures, and standards
                   for the submission of information on nuclear materials
                   transactions, inventories, and material balances to the
                   Nuclear Materials Management and Safeguards System.

              (c)  Ensure that DOE policies, procedures, and standards for
                   special nuclear material safeguards are at least
                   equivalent in their effectiveness to policies,
                   procedures, and standards established by the Nuclear
                   Regulatory Commission.

              (d)  Assure that the data documentation and collection
                   policies, procedures, and standards of DOE with respect
                   to nuclear safeguards are comparable to those of Nuclear
                   Regulatory Commission.

              (e)  Provide technical advice, analyses, and recommendations
                   in developing international safeguards policies and
                   procedures.

              (f)  Ensure the maintenance and currency of the DOE 5633.3B
                   GUIDE OF IMPLEMENTATION INSTRUCTIONS FOR NUCLEAR
                   MATERIALS MANAGEMENT AND SAFEGUARDS SYSTEM REPORTING AND
                   DATA SUBMISSION.

              (g)  Provide specific written guidance that would assist
                   license-exempt contractors and subcontractors to design,
                   evaluate, and validate materials control and
                   accountability systems.

         (2)  Conduct/participate in special investigations of activities of
              license-exempt contractors and other contractors possessing
              DOE-owned nuclear materials, as necessary.  Coordinate these
              special investigations with the appropriate Heads of
              Headquarters Elements and Operations Offices.

         (3)  In consultation with Heads of Headquarters Elements, initiate
              and direct programs for providing required technology,
              equipment, and procedures to meet safeguards objectives and
              for assuring that Government and industry are provided with
              chemical and isotopic reference standards and calibration and
              test materials which are supportive of safeguards programs.

         (4)  In connection with activities of license-exempt contractors
              and subcontractors, recommend to the responsible authority
              corrective action to assure compliance with overall safeguards
              policies, procedures, and requirements, and, as appropriate,
              recommend other courses of action.

         (5)  Prepare reports and provide data for reports, through the
              Director of Security Affairs and the Director of
              Nonproliferation and National Security, to the Secretary on
              the status of the safeguards program.

         (6)  In connection with the maintenance of records and data to
              support the implementation of nuclear material accountability,
              ensure:

              (a)  Collection and processing of data relative to nuclear
                   materials for which the United States has a safeguards or
                   management interest as required by directives, U.S.
                   statutes, and international treaty and agreement
                   provisions.

              (b)  Issuance of reports to support the nuclear materials
                   safeguards needs of DOE, Nuclear Regulatory Commission,
                   other Government organizations, and the International
                   Atomic Energy Agency.

              (c)  Headquarters level overview of key materials control and
                   accountability data including:  materials control and
                   materials accounting survey reports; inventory
                   differences; and shipper/receiver differences.

              (d)  Maintain historical records of nuclear material
                   transactions, material balances, and inventories in
                   support of safeguards and other programs of the
                   Government.

              (e)  Review and approve proposed methods for submission of
                   nuclear materials data to the Nuclear Materials
                   Management and Safeguards System by use of
                   telecommunications systems in lieu of the required forms
                   referred to in Chapter II, if the proposed methods
                   satisfy all applicable requirements.

              (f)  Establish and deactivate Reporting Identification Symbols
                   for organizations sponsored by Heads of Headquarters
                   Elements and Operations Offices.

         (7)  In connection with international agreements, recommend
              corrective action to assure compliance with overall safeguards
              policies, procedures, and standards.

         (8)  Develop and implement materials control and accountability
              training programs for DOE and DOE contractor safeguards
              personnel.  Ensure that minorities, women, and persons with
              disabilities are accorded equal opportunity to receive this
              training.

    d.   Director of Arms Control and Nonproliferation shall:

         (1)  Manage programs for technical cooperation with the
              International Atomic Energy Agency as part of the Office of
              Arms Control and Nonproliferation's safeguards role in
              guarding against the diversion of nuclear materials and
              equipment which had been supplied for peaceful purposes to the
              manufacture of nuclear weapons, nuclear explosive devices, or
              any other military purpose.

         (2)  Conduct onsite safeguards and security reviews of nuclear
              materials distributed abroad to the extent provided for in
              international, multinational, and bilateral agreements, and
              participate in international discussions regarding safeguards
              policies and procedures with other DOE organizations involved
              in international programs.

         (3)  In coordination with Heads of Headquarters Elements, ensure
              compliance of DOE facilities with the terms of the "Agreement
              Between the United States of America and the International
              Atomic Energy Agency for the Application of Safeguards in the
              United States of America" and its associated Protocol.

         (4)  In connection with international agreements, recommend
              corrective action to assure compliance with overall safeguards
              policies, procedures, and standards, and when appropriate
              recommend suspension of any agreements that do not meet DOE
              policy in regard to such arrangements.

         (5)  Provide technical advice, analyses, and recommendations in
              developing international safeguards policies and procedures.
              Manage programs for technical cooperation with the
              International Atomic Energy Agency in its safeguards role in
              guarding against the diversion of nuclear materials and
              equipment to the manufacture of nuclear weapons, nuclear
              explosive devices, or any other military purpose.

    e.   Director, Naval Nuclear Propulsion Program shall, in accordance
         with the responsibilities and authorities assigned by Executive
         Order 12344 (statutorily prescribed by Public Law 98-525 (42 U.S.C.
         7158, note)) and to ensure consistency throughout the joint Navy/
         DOE organization of the Naval Nuclear Propulsion Program, implement
         and oversee all policy and practices pertaining to this DOE Order
         for activities under the Director's cognizance.

    f.   Heads of Field Elements shall:

         (1)  Implement material control and accountability of nuclear
              materials for all DOE activities under their jurisdiction in
              conformity with the policies, procedures, planning, and other
              requirements set forth in the DOE 5630 series, and set
              policies, procedures, and requirements for nuclear materials
              not specifically covered in the 5630 series.

              (a)  Require that a Material Control and Accountability Plan
                   be developed for each facility possessing nuclear
                   materials and approve that plan and subsequent changes.
                   Require development and compliance with procedural
                   directives implementing the Material Control and
                   Accountability Plan.

              (b)  Assure cost-effective overall protection at each site,
                   through integration, to the extent practicable, of
                   materials control and accountability systems, procedures,
                   and operations with the associated physical protection
                   systems, procedures, and operations.

                   1    Utilize the design basis threat guidance to
                        formulate site-specific threat statements for
                        inclusion in applicable site-specific safeguards and
                        security planning documents.

                   2    Assure vulnerability assessments are required for
                        Category I special nuclear material locations and
                        for Category II locations where rollup to Category I
                        is credible.

                   3    Approve a classified list of threats and targets
                        developed by each contractor under their
                        jurisdiction as appropriate for design and/or
                        evaluation and validation of materials control and
                        accountability systems.

                   4    Develop procedures for the conduct and reporting of
                        nuclear materials surveys in accordance with DOE
                        5634.1B, FACILITY APPROVALS, SECURITY SURVEYS, AND
                        NUCLEAR MATERIALS SURVEYS.  Conduct oversight tests
                        and evaluations of material control and accounting
                        provisions of contractors' safeguards programs.

              (c)  Ensure the maintenance of records and issuance of
                   periodic reports reflecting nuclear materials
                   transactions and inventories under their jurisdiction.

              (d)  Ensure material control and accountability requirements
                   are considered in all phases of design of new facilities/
                   operations.

              (e)  Ensure appropriate actions are taken to correct
                   safeguards deficiencies.

              (f)  Assure that system assessment requirements are identified
                   and met for facilities possessing nuclear material.

         (2)  Ensure that responsibilities and authorities for material
              control and accountability of nuclear materials are addressed
              in the Memorandums of Agreement and associated appendices
              between Heads of Headquarters Elements and Field Elements.

         (3)  Monitor material control indicators and review and analyze
              reportable occurrences experienced in operations under their
              jurisdiction.

              (a)  Ensure that contractors and subcontractors under their
                   jurisdiction analyze all nuclear material control
                   indicators, determine the probable cause of all nuclear
                   material alarms, and take such corrective action as is
                   deemed necessary.

              (b)  Report malevolent acts and other reportable occurrences
                   to the Office of Safeguards and Security and affected
                   Heads of Headquarters Elements consistent with the
                   requirements of this Order and DOE 5000.3B, OCCURRENCE
                   REPORTING AND PROCESSING OF OPERATIONS INFORMATION.

              (c)  Require, as appropriate, each contractor, facility, and
                   DOE Element under their reporting jurisdiction to
                   determine the reasons for shipper-receiver differences,
                   evaluate the significance of all such differences, and
                   take appropriate corrective action.

         (4)  Assure nuclear material control and accountability upgrade
              needs are identified, documented, and coordinated with
              affected Heads of Headquarters Elements consistent with
              budgetary schedules.

         (5)  Provide materials control and accountability systems review
              and approval for all facilities prior to beginning new
              operations that might alter the performance of existing
              materials control and accountability systems.

         (6)  Require each DOE contractor and DOE element under their
              reporting jurisdiction to:

              (a)  Prepare and distribute promptly the appropriate forms
                   (see Chapter II), for documenting nuclear materials
                   transactions, inventories, and material balances and for
                   submitting the information to the Nuclear Materials
                   Management and Safeguards System, in accordance with the
                   DOE 5633.3B GUIDE OF IMPLEMENTATION INSTRUCTIONS FOR
                   NUCLEAR MATERIALS MANAGEMENT AND SAFEGUARDS SYSTEM
                   REPORTING AND DATA SUBMISSION.

              (b)  Prepare additional data and reports required by the field
                   element in the performance of its mission.

              (c)  If notified of selection under the provisions of the
                   U.S./International Atomic Energy Agency Safeguards
                   Agreement, prepare and submit material balance reports
                   (DOE/NRC F 742, "Material Balance Report") indicating the
                   sources of receipts shown on line 22 ("From Other
                   Materials") and the destinations of removals shown on
                   line 71 ("Degradation to Other Materials").

              (d)  Assure that for exports other than for mutual defense,
                   the receiver's copies of DOE/NRC F 741, "Nuclear Material
                   Transaction Report", DOE/NRC F 741A, "Nuclear Material
                   Transaction Report (Continuation Page)," the special
                   preprinted version of DOE/NRC F 740M, "Concise Note", and
                   other appropriate versions of DOE/NRC F 740M, as
                   required, are included with the actual shipment.

              (e)  Assure that both shipper's and receiver's transaction
                   data is provided to the Nuclear Materials Management and
                   Safeguards System in those cases where the shipper or
                   receiver is a foreign entity.

              (f)  Provide review of Nuclear Materials Management and
                   Safeguards System output sufficient to verify data
                   processed by the system.

              (g)  Assure that material balances held in contractors'
                   systems are reconciled with corresponding Nuclear
                   Materials Management and Safeguards System balances and
                   that data corrections are implemented to bring the
                   systems into agreement.

              (h)  Review proposed internal or computer-generated equivalent
                   forms referred to in Chapter II, and if the proposed
                   equivalents are found to provide for all the information
                   on nuclear materials transactions, material balances, and
                   inventories in the proper format, approve their use in
                   lieu of the specified forms.

              (i)  Assure that the appropriate reporting procedures are
                   followed by contractors under their jurisdiction.

              (j)  Assure that all required data is provided to the Nuclear
                   Materials Management and Safeguards System in accordance
                   with the instructions in the DOE 5633.3B GUIDE OF
                   IMPLEMENTATION INSTRUCTIONS FOR NUCLEAR MATERIALS
                   MANAGEMENT AND SAFEGUARDS SYSTEM REPORTING AND DATA
                   SUBMISSION.

         (7)  Assure that this Order shall be implemented under existing and
              new contracts for operating facilities under the scope of this
              Order.  Designate an individual(s) to be responsible for
              bringing to the attention of the contracting officer each
              procurement falling within the scope of this Directive.
              Unless another individual is designated, the responsibility is
              that of the procurement request originator (the individual
              responsible for initiating a requirement on DOE F 4200.33).

         (8)  Through contracting officers require that:

              (a)  Each contractor and subcontractor under their
                   jurisdiction who may use or possess designated nuclear
                   materials are required by contract to develop and
                   maintain current written procedures for control and
                   accountability of nuclear materials;

              (b)  Each contract under which nuclear materials are to be
                   supplied contains appropriate safeguards provisions
                   consistent with DOE policy; and

              (c)  Inventory and scrap levels of nuclear materials held by
                   contractors and subcontractors under their jurisdiction
                   are minimized to be consistent with operational needs and
                   good safeguards practices.

         (9)  Review and approve deviations to requirements of this Order
              according to procedures contained in DOE 5630.11B, SAFEGUARDS
              AND SECURITY PROGRAM.

    g.   Heads of Departmental Elements (the senior ranking official at a
         DOE office location) shall include in a procurement request
         package, for each procurement requiring the application of this
         Order, the following:  (1) identification of the Order; (2)
         identification of the specific requirements with which a contractor
         or other awardee is to comply, or, if this is not practicable,
         identification of the specific paragraphs or other portions of this
         Order with which a contractor or other awardee is to comply; and
         (3) requirements for the flowdown of provisions of this Order to
         any subcontract or subaward.  For application to awarded management
         and operating contracts, Heads of Departmental Elements may set
         forth this information in a written communication to the
         contracting officer rather than in a procurement request package.

    h.   Manager, Oak Ridge Operations Office, in addition to the
         requirements specified in paragraph 6f, above, shall:

         (1)  Forward applicable copies of Nuclear Regulatory Commission and
              "Agreement State" licensee nuclear material transaction
              reports promptly to other concerned DOE elements and to
              appropriate foreign entities.  In addition, the Manager shall
              maintain records that document all transfers of U.S. nuclear
              material to and from foreign entities and issue required
              inventory reports.

         (2)  Maintain sufficient records to document the transfer of any
              U.S.-supplied special nuclear material to foreign entities,
              the receipt of any U.S.-origin nuclear material into the U.S.,
              and the transfer of any U.S.-origin nuclear material between
              foreign countries, including special nuclear material produced
              therein, in accordance with appropriate agreements.  Retain
              all transfer documents, records, and reports for audit
              purposes.

         (3)  Perform comparisons of U.S. export and import data with data
              supplied by foreign entities.  Differences between foreign and
              U.S. data shall be investigated and reconciled by interacting
              with representatives of the relevant foreign entities and
              domestic nuclear facilities.

         (4)  Extract information from documents used to transfer U.S.
              nuclear material from one foreign country to another and
              submit such data to the International Nuclear Materials
              Tracking System (INMTS) in accordance with "INMTS Data Entry
              Procedures."

    i.   Manager, Albuquerque Operations Office, in addition to the
         requirements specified in paragraph 6f, above, shall:

         (1)  Report inventory data on nuclear material transferred to the
              Department of Defense under 42 U.S.C. Section 2121(b), as
              amended, with the exception of material specified in paragraph
              6j, below to be reported by the Pittsburgh Naval Reactors
              Office.

         (2)  Report inventory data on material loaned by the U.S. to a
              foreign nation under 42 U.S.C. Section 2121(c), as amended.

         (3)  Maintain memorandum inventory accounts for all transfers of
              nuclear material to the Department of Defense under 42 U.S.C.
              Section 2121(b)-(c), with the exception of Navy cores and
              associated items.  The Manager shall provide guidance and
              instruction for the documentation and reporting, as necessary,
              to those offices making such transfers.

    j.   Manager, Pittsburgh Naval Reactors Office, in addition to the
         requirements specified in paragraph 6f, above, shall:

         (1)  Report inventory data on material transferred to the
              Department of Defense for nonweapons Naval reactor programs
              under 42 U.S.C. Section 2121(b), as amended.

         (2)  Maintain memorandum inventory accounts for transfers of
              nuclear materials in Navy cores and associated items to the
              Department of Defense under 42 U.S.C. Section 2121(b).

         (3)  Provide guidance, through the Director, Naval Reactors, for
              documentation and reporting of transfers to the Department of
              Defense of Navy cores and associated items under 42 U.S.C.
              Section 2121(b), as amended.

    k.   Manager, Schenectady Naval Reactors Office, in addition to the
         requirements of paragraph 6f, above, shall provide guidance,
         through the Director, Naval Reactors, for documentation and
         reporting of transfers to the Department of Defense of Navy cores
         and associated items under 42 U.S.C. Section 2121(b), as amended.

7.  IMPLEMENTATION.  This Order will be implemented within 60 days after the
    effective date.

8.  ASSISTANCE.  Questions concerning this Order should be directed to the
    Chief, Materials Control and Accountability Branch, at 301-903-2536.

BY ORDER OF THE SECRETARY OF ENERGY:



                                       ARCHER L. DURHAM
                                       Assistant Secretary for
                                       Human Resources and Administration