DOE M 475.1-1B, Manual for Identifying Classified Information
Functional areas: Security
The Manual provides detailed requirements to supplement DOE O 475.2, Identifying Classified Information, dated 8/28/07.
Cancels DOE M 475.1-1A; canceled by DOE O 475.2A
Supersedes:
DOE M 475.1-1A, Identifying Classified Information on Aug 28, 2007
Superseded By:
DOE O 475.2A, Identifying Classified Information on Feb 01, 2011
Version history and related documents
Superseded by
A newer version replaces this document.
- DOE O 475.2AIdentifying Classified Information (Feb 01, 2011)
Supersedes
Earlier documents this one replaced.
- DOE M 475.1-1AIdentifying Classified Information (Aug 28, 2007)
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
AVAILABLE ONLINE AT: INITIATED BY:
www.directives.doe.gov Office of Health, Safety and Security
MANUAL
Approved: 8-28-07
MANUAL FOR IDENTIFYING
CLASSIFIED INFORMATION
U.S. DEPARTMENT OF ENERGY
Office of Health, Safety and Security
DOE M 475.1-1B
DOE M 475.1-1B i
8-28-07
MANUAL FOR IDENTIFYING CLASSIFIED INFORMATION
1. PURPOSE. This Manual provides detailed requirements to supplement DOE O 475.2,
Identifying Classified Information, dated 8-28-07.
2. CANCELLATION. DOE M 475.1-1A, Identifying Classified Information, dated 5-8-98.
Cancellation of a directive does not, by itself, modify or otherwise affect any contractual
obligation to comply with the directive. Contractor requirements documents (CRDs) that
have been incorporated into or attached to a contract remain in effect until the contract is
modified to either eliminate requirements that are no longer applicable or substitute a
new set of requirements.
3. APPLICABILITY.
a. Departmental Elements. Except as noted in paragraph 3c, this directive applies to
all Departmental elements that have access to classified information, documents, or
material, including elements of the National Nuclear Security Administration and
power administrations. (Go to www.directives.doe.gov/references/ for the current
listing of Departmental elements. This list automatically includes all Departmental
elements created after the Order is issued.)
The Administrator of the National Nuclear Security Administration (NNSA)
ensures that NNSA employees and contractors comply with their respective
responsibilities under this directive. Nothing in this directive will be construed to
interfere with the NNSA Administrator’s authority under section 3212(d) of Public
Law (P.L.) 106-65 to establish Administration specific policies, unless disapproved
by the Secretary.
For any final determination made by the Office of Health, Safety and Security
under this Manual with regard to NNSA information on which there is a
disagreement between the Office of Health, Safety and Security and the NNSA, the
NNSA Administrator may submit such disagreement to the Deputy Secretary for
resolution.
b. DOE Contractors. Except for the exclusions in paragraph 3c, the CRD
(Attachment 1) sets forth contractor requirements. The CRD applies to the extent
set forth in each contract.
c. Exclusions. In accordance with the responsibilities and authorities assigned by
Executive Order (E.O.) 12344 and to ensure consistency throughout the joint Navy
and DOE organization of the Naval Nuclear Propulsion Program, the Deputy
Administrator for Naval Reactors implements and oversees all requirements and
practices pertaining to this DOE Manual for activities under the Deputy
Administrator.
https://www.directives.doe.gov/references/DOEDepartmentalElements.pdf
ii DOE M 475.1-1B
8-28-07
4. REFERENCES.
a. Title XXXII of Public Law 106-65, National Nuclear Security Administration Act,
as amended, which established a separately organized Agency within the
Department of Energy.
b. P.L. 83-703, Atomic Energy Act.
c. Title 10 Code of Federal Regulations (CFR) Part 824, Procedural Rules for the
Assessment of Civil Penalties for Classified Information Security Violations.
d. 10 CFR Part 1004, Freedom of Information.
e. 10 CFR Part 1008, Records Maintained on Individuals (Privacy Act).
f. 10 CFR Part 1045, Nuclear Classification and Declassification.
g. E.O. 12958, as amended, “Classified National Security Information,” dated
Section 2
March 25, 2003.
h. DOE O 470.4A, Safeguards and Security Program, dated 5-25-07.
i. DOE M 470.4-1, Safeguards and Security Program Planning and Management,
dated 8-26-05.
j. DOE M 470.4-4, Information Security, dated 8-26-05.
k. DOE O 475.2, Identifying Classified Information, dated 8-28-07.
l. DOE O 481.1C, Work for Others (Non-Department of Energy-Funded Work),
dated 1-24-05.
5. CONTACT. Questions concerning this Manual should be addressed to the Office of
Classification at 301-903-7567 or outreach@hq.doe.gov.
BY ORDER OF THE SECRETARY OF ENERGY:
CLAY SELL
Deputy Secretary
DOE M 475.1-1B iii
8-28-07
CONTENTS
CHAPTER I. PROGRAM ADMINISTRATION
PART A—APPOINTMENT OF CLASSIFICATION/DECLASSIFICATION OFFICIALS
1. Field Element Classification Officer ............................................................................. I-A1
a. Qualifications..................................................................................................... I-A1
b. Classification/Declassification Authorities Required ........................................ I-A1
c. Nomination ........................................................................................................ I-A1
d. Appointment ...................................................................................................... I-A1
e. Training.............................................................................................................. I-A1
f. Removal from Position ...................................................................................... I-A1
2. Field Element Classification Coordinator...................................................................... I-A2
a. Qualifications..................................................................................................... I-A2
b. Classification Authority Required ..................................................................... I-A2
c. Appointment ...................................................................................................... I-A2
d. Training.............................................................................................................. I-A2
e. Removal from Position ...................................................................................... I-A2
3. Headquarters Classification Representative .................................................................. I-A2
a. Qualifications..................................................................................................... I-A2
b. Classification Authority Required ..................................................................... I-A3
c. Nomination ........................................................................................................ I-A3
d. Appointment ...................................................................................................... I-A3
e. Training.............................................................................................................. I-A3
f. Removal from Position ...................................................................................... I-A3
4. Headquarters Classification Liaison .............................................................................. I-A3
a. Qualifications..................................................................................................... I-A3
b. Classification Authority Required ..................................................................... I-A3
Section 3
c. Appointment ...................................................................................................... I-A4
d. Training.............................................................................................................. I-A4
e. Removal from Position ...................................................................................... I-A4
5. Original Classifier.......................................................................................................... I-A4
a. Top Secret Original Classifiers.......................................................................... I-A4
(1) Appointment .......................................................................................... I-A4
(2) Briefing .................................................................................................. I-A4
b. Secret and Confidential Original Classifiers...................................................... I-A4
(1) Qualifications......................................................................................... I-A4
(2) Nomination ............................................................................................ I-A5
(3) Training.................................................................................................. I-A5
(4) Appointment .......................................................................................... I-A5
(5) Authority Duration and Reappointment................................................. I-A5
(6) Authority Limitations............................................................................. I-A6
(7) Cancellation of Authority ...................................................................... I-A6
6. Derivative Classifier ...................................................................................................... I-A6
a. Qualifications..................................................................................................... I-A6
b. Nomination ........................................................................................................ I-A6
c. Training.............................................................................................................. I-A7
iv DOE M 475.1-1B
8-28-07
CONTENTS (continued)
d. Appointment ...................................................................................................... I-A7
e. Authority Duration and Reappointment............................................................. I-A8
f. Authority Limitations......................................................................................... I-A8
g. Cancellation of Authority .................................................................................. I-A8
7. Derivative Declassifier................................................................................................... I-A8
a. Qualifications..................................................................................................... I-A8
b. Nomination ........................................................................................................ I-A9
c. Training.............................................................................................................. I-A9
d. Appointment ...................................................................................................... I-A9
e. Authority Duration and Reappointment............................................................. I-A9
Section 4
f. Authority Limitations....................................................................................... I-A10
g. Cancellation of Authority ................................................................................ I-A10
8. Classification/Declassification Authority for Employee
Detailed Away from Home Organization .................................................................... I-A10
a. Nomination ...................................................................................................... I-A10
b. Training............................................................................................................ I-A11
(1) Required by Manual............................................................................. I-A11
(2) Required by Organization to Which Employee is Detailed................. I-A11
c. Appointment .................................................................................................... I-A11
Figure 1. Matrix for Headquarters Authorities ....................................................................... I-A13
Figure 2. Matrix for Field Element Authorities ...................................................................... I-A14
PART B—CHALLENGES TO CLASSIFICATION AND CONSEQUENCES FOR
MISCLASSIFYING INFORMATION, DOCUMENTS, OR MATERIAL
1. Challenges to Classification........................................................................................... I-B1
a. Restricted Data/Formerly Restricted Data ......................................................... I-B1
(1) Informal Challenge ................................................................................ I-B1
(2) Formal Challenge................................................................................... I-B1
(3) Final Determination ............................................................................... I-B1
b. National Security Information ........................................................................... I-B1
(1) Informal Challenge ................................................................................ I-B1
(2) Formal Challenge................................................................................... I-B2
(3) Internal Agency Appeal ......................................................................... I-B2
(4) Appeal to the Interagency Security Classification
Appeals Panel (ISCAP)......................................................................... I-B2
c. Classification Status During Processing of a Challenge.................................... I-B3
2. Misclassification of Information, Documents, or Material............................................ I-B3
a. Deliberate Action ............................................................................................... I-B3
b. Negligence in Exercising Classification/Declassification Authority................. I-B3
PART C—OTHER REQUIREMENTS
1. Periodic Reporting Requirement.................................................................................... I-C1
2. Record of Classifying and Declassifying Officials........................................................ I-C1
3. Agreement for Support .................................................................................................. I-C1
CHAPTER II. CLASSIFICATION CATEGORIES AND LEVELS
1. Categories of Classified Information .............................................................................. II-1
Section 5
DOE M 475.1-1B v
8-28-07
CONTENTS (continued)
a. Restricted Data.................................................................................................... II-1
b. Formerly Restricted Data.................................................................................... II-1
c. National Security Information ............................................................................ II-1
2. Levels of Classification................................................................................................... II-1
a. Top Secret ........................................................................................................... II-1
b. Secret…............................................................................................................... II-1
c. Confidential......................................................................................................... II-1
(1) Restricted Data/Formerly Restricted Data .............................................. II-1
(2) National Security Information ................................................................ II-2
3. Use of the Term “Unclassified”...................................................................................... II-2
CHAPTER III. CLASSIFYING AND DECLASSIFYING INFORMATION
PART A—RESTRICTED DATA
1. Initial Classification.................................................................................................... III-A1
a. Authority ......................................................................................................... III-A1
b. Classification Level Assignment .................................................................... III-A1
c. Duration of Classification ............................................................................... III-A1
d. Request for Determination.............................................................................. III-A1
2. Declassification........................................................................................................... III-A1
a. Authority ......................................................................................................... III-A1
b. Unauthorized Disclosure................................................................................. III-A2
c. Declassification Proposals .............................................................................. III-A2
(1) Ad Hoc Proposal ................................................................................. III-A2
(2) Formal Call for Proposals ................................................................... III-A2
(3) Content of Proposal............................................................................. III-A2
(4) Disposition of Proposal....................................................................... III-A3
3. Downgrading or Upgrading ........................................................................................ III-A3
4. Reclassification ........................................................................................................... III-A3
5. Notification…….. ....................................................................................................... III-A3
PART B—FORMERLY RESTRICTED DATA
1. Transclassification of Restricted Data to Formerly Restricted Data ...........................III-B1
a. Authority ..........................................................................................................III-B1
Section 6
b. Classification Level Assignment .....................................................................III-B1
c. Duration of Classification ................................................................................III-B1
2. Declassification............................................................................................................III-B1
a. Authority ..........................................................................................................III-B1
b. Unauthorized Disclosure..................................................................................III-B1
c. Declassification Proposals ...............................................................................III-B1
3. Downgrading or Upgrading .........................................................................................III-B2
4. Reclassification ............................................................................................................III-B2
5. Notification….. ............................................................................................................III-B2
PART C—NATIONAL SECURITY INFORMATION
1. Original Classification .................................................................................................III-C1
a. Authority ..........................................................................................................III-C1
b. Limitations on Authority..................................................................................III-C1
vi DOE M 475.1-1B
8-28-07
CONTENTS (continued)
c. Original Classification Standards ....................................................................III-C1
d. Classifiable Areas ............................................................................................III-C1
e. Classification Level Assignment .....................................................................III-C2
f. Duration of Classification ................................................................................III-C2
g. Extending the Duration of Classification.........................................................III-C2
h. Required Markings...........................................................................................III-C2
i. Reporting Original Determinations..................................................................III-C3
2. Declassification............................................................................................................III-C3
a. Authority ..........................................................................................................III-C3
b. Declassification Criteria...................................................................................III-C3
c. Unauthorized Disclosure..................................................................................III-C4
d. Declassification Proposals ...............................................................................III-C4
3. Downgrading or Upgrading .........................................................................................III-C4
4. Reclassification ............................................................................................................III-C4
a. After Declassification by Proper Authority and
Release to the Public.......................................................................................III-C4
b. After Declassification by Proper Authority Without
Section 7
Release to the Public.......................................................................................III-C4
5. Notification….. ............................................................................................................III-C4
CHAPTER IV. CLASSIFICATION GUIDANCE
1. General………............................................................................................................... IV-1
a. Purpose............................................................................................................... IV-1
b. Content............................................................................................................... IV-1
c. Issuing Organization .......................................................................................... IV-2
d. Approval of Guidance........................................................................................ IV-2
e. Basis………....................................................................................................... IV-2
f. Users…….. ........................................................................................................ IV-2
g. Cancellation of Guidance................................................................................... IV-2
h. Copies of Guidance............................................................................................ IV-2
2. Guidance Issues ............................................................................................................. IV-2
a. Inconsistent Guidance........................................................................................ IV-2
b. No Guidance ...................................................................................................... IV-3
c. Determination .................................................................................................... IV-3
3. Categories of Canceled Guidance.................................................................................. IV-3
a. Confirmation Guidance...................................................................................... IV-3
b. Historical Guidance ........................................................................................... IV-3
4. Related Policies and Procedures .................................................................................... IV-4
a. Record of Guidance ........................................................................................... IV-4
b. Review and Revision of Guidance..................................................................... IV-4
(1) Changes in Policies or Other Guidance ................................................. IV-4
(2) Periodic Review of Classification Guidance ......................................... IV-4
c. Extracts from Guidance ..................................................................................... IV-4
d. Distribution of Guidance.................................................................................... IV-4
e. Updating Guidance ............................................................................................ IV-5
DOE M 475.1-1B vii
8-28-07
CONTENTS (continued)
f. Classification Guidance for Special Access Programs ...................................... IV-5
g. Completion of DOE F 470.1, “Contract Security
Classification Specification,” Concerning Classification
Section 8
Guidance for DOE-Funded Work..................................................................... IV-5
(1) Classification Guidance Determination ................................................. IV-5
(2) Certification ........................................................................................... IV-6
h. Classification Guidance for Non-DOE-Funded
Work in Classified Subject Areas ..................................................................... IV-6
(1) Certification of Classification Guidance................................................ IV-6
(2) Access to Guidance................................................................................ IV-6
(3) Contradictory Guidance ......................................................................... IV-6
(4) Use of DOE Guidance ........................................................................... IV-6
i. Classification Guidance for Jointly Funded Work............................................. IV-6
j. Classification Guidance for DOE-Funded Work
at Other Government Facilities......................................................................... IV-7
CHAPTER V. CLASSIFYING AND DECLASSIFYING DOCUMENTS AND MATERIAL
PART A—CLASSIFICATION
1. Derivative Classification.............................................................................................. V-A1
a. Authority .......................................................................................................... V-A1
b. Basis for Determination ................................................................................... V-A1
(1) Restricted Data/Formerly Restricted Data ........................................... V-A1
(2) National Security Information ............................................................. V-A1
2. Classification Review of a New Document or Material .............................................. V-A1
a. Current Employee Authorized Access to Classified Information.................... V-A1
(1) Not Intended for Public Release .......................................................... V-A1
(2) Intended for Public Release ................................................................. V-A2
(3) Presentations in a Classified Subject Area........................................... V-A2
b. Current Employee Who No Longer Is Authorized Access
to Classified Information ................................................................................ V-A3
3. Classification Review of an Existing Unclassified Document or Material ................ V-A3
a. Review Requirement........................................................................................ V-A3
b. Marking............................................................................................................ V-A3
c. Notification ...................................................................................................... V-A4
4. Review of New or Existing Documents Submitted by Individuals
Not Employed by DOE or NNSA............................................................................... V-A4
a. Authorized Access to Classified Information .................................................. V-A4
b. Not Authorized Access to Classified Information ........................................... V-A4
5. Revision of Document Previously Reviewed for Classification.................................. V-A4
Section 9
6. Completion of Classifier Markings.............................................................................. V-A4
a. Restricted Data/Formerly Restricted Data ....................................................... V-A4
b. National Security Information ......................................................................... V-A5
c. Mixed Document ............................................................................................. V-A6
viii DOE M 475.1-1B
8-28-07
CONTENTS (continued)
d. Other Miscellaneous Requirements for NSI Documents................................. V-A7
(1) Source Document Marked “OADR” ................................................... V-A7
(2) Source Document Marked with Exemption
Markings X1 through X8..................................................................... V-A7
(3) Extension of Classification .................................................................. V-A7
7. Portion Marking Requirements and Restrictions......................................................... V-A7
a. Restricted Data/Formerly Restricted Data Documents.................................... V-A7
b. National Security Information Documents ...................................................... V-A7
c. Mixed Documents............................................................................................ V-A8
d. Documents Prepared under Work-for-Others Contracts.................................. V-A8
8. Related Policies and Procedures .................................................................................. V-A8
a. Foreign Government Information .................................................................... V-A8
(1) Document Generated by a Foreign Government ................................. V-A8
(2) Document Generated by the United States .......................................... V-A8
b. Classification Based on Association or Compilation....................................... V-A8
(1) Classification Based on Association.................................................... V-A8
(2) Classification Based on Compilation................................................... V-A9
c. Review of Patent Applications and Reports .................................................... V-A9
(1) Patent Application................................................................................ V-A9
(2) Report of Invention or Discovery ...................................................... V-A10
d. Review of Document to be Provided to Congress ......................................... V-A10
e. Classification of an Unmarked Document Following a Request................... V-A10
f. Classification Review Process for Electronic Database
Reports and Standard Forms......................................................................... V-A10
g. Extracted Version of Document..................................................................... V-A11
h. Review upon Termination of Employment.................................................... V-A11
i. Documenting an “Unclassified” Review Determination ............................... V-A11
9. Designated Unclassified Subject Area (DUSA) ........................................................ V-A11
PART B—DECLASSIFICATION
1. Derivative Declassification...........................................................................................V-B1
Section 10
a. Authority ...........................................................................................................V-B1
b. Basis for Determination ....................................................................................V-B1
2. Review Requirements for Bracketing a Document or Declassifying
a Document or Material ...............................................................................................V-B1
3. Declassification Instructions.........................................................................................V-B1
a. Restricted Data/Formerly Restricted Data ........................................................V-B1
b. National Security Information ..........................................................................V-B2
(1) Marked with a Specific Date or Event for Declassification .................V-B2
(2) Not Marked with a Specific Date or Event
for Declassification ..............................................................................V-B2
(3) Permanent Documents that are 25 Years or Older................................V-B2
4. Required Declassifier Markings or Information ...........................................................V-B3
5. Notification……… .......................................................................................................V-B3
DOE M 475.1-1B ix
8-28-07
CONTENTS (continued)
6. Changing Classification Markings Based on Receipt of a
Declassification Notice .................................................................................................V-B3
7. Requests for Classified Documents ..............................................................................V-B4
a. Response to Requests and Appeals for Classified Documents.........................V-B4
(1) Freedom of Information Act Requests..................................................V-B4
(2) Privacy Act Requests ............................................................................V-B4
(3) Mandatory Review Requests ................................................................V-B5
b. Analytical Support for Processing Appeals ......................................................V-B5
8. Systematic Declassification Reviews ...........................................................................V-B5
a Restricted Data/Formerly Restricted Data ........................................................V-B5
b. National Security Information ..........................................................................V-B5
9. Large-Scale Document Declassification Review Plan .................................................V-B6
a. Plan Requirement..............................................................................................V-B6
b. Contents of Plan................................................................................................V-B6
c. Approval of Plan ...............................................................................................V-B6
10. Procedures Related to the Declassification Review of Documents
Documents or Material ................................................................................................V-B6
a. Public Release...................................................................................................V-B6
b. Coordination Reviews.......................................................................................V-B6
(1) DOE-Originated Documents or Material
Section 11
Containing Only DOE Information ......................................................V-B7
(2) Documents or Material Containing Foreign
Government Information ......................................................................V-B7
(3) Documents or Material Containing Other-Agency
Information ...........................................................................................V-B7
c. Documents Declassified under the Comprehensive Classification
Review Program (CCRP)..................................................................................V-B7
d. OpenNet Data Base...........................................................................................V-B7
e. Obsolete Classification Markings .....................................................................V-B8
f. Redacted Version of Document ........................................................................V-B8
PART C—DOWNGRADING OR UPGRADING
1. Downgrading…………….............................................................................................V-C1
a. Process……. .....................................................................................................V-C1
(1) Downgrading Classification Levels......................................................V-C1
(2) Downgrading Classification Categories ...............................................V-C1
b. Downgrading Marking......................................................................................V-C1
2. Upgrading……….. .......................................................................................................V-C2
a. Process……….. ................................................................................................V-C2
(1) Upgrading Classification Levels...........................................................V-C2
(2) Upgrading Classification Categories ....................................................V-C2
b. Upgrading Marking...........................................................................................V-C2
3. Notification……… .......................................................................................................V-C3
x DOE M 475.1-1B
8-28-07
CONTENTS (continued)
4. Changing Classification Markings Based on Receipt of a
Downgrading or Upgrading Notice ..............................................................................V-C3
CHAPTER VI. EDUCATION PROGRAM
1. Classification Overview Training..................................................................................VI-1
2. Continuing Classification Education .............................................................................VI-1
3. Subject-Matter-Related Classification Awareness Briefings.........................................VI-1
4. Initial Training for a Classifier or Declassifier ..............................................................VI-1
a. Original Classifier..............................................................................................VI-2
b. Derivative Classifier ..........................................................................................VI-2
c. Derivative Declassifier.......................................................................................VI-3
5. Training for a Classification Officer..............................................................................VI-3
6. Briefing for a Classification Coordinator ......................................................................VI-4
Section 12
7. Training for a Headquarters Classification Representative ...........................................VI-4
8. Documentation of Training............................................................................................VI-4
9. Training Materials..........................................................................................................VI-4
CHAPTER VII. CLASSIFICATION PROGRAM EVALUATIONS
1. Self-Assessment............................................................................................................VII-1
2. Field Element On-Site Review .....................................................................................VII-1
3. Scope………………….................................................................................................VII-1
a. Management Responsibilities ...........................................................................VII-1
b. Authorities.........................................................................................................VII-1
c. Guidance ...........................................................................................................VII-1
d. Training.............................................................................................................VII-2
e. Document Reviews ...........................................................................................VII-2
f. Program Evaluation ..........................................................................................VII-2
ATTACHMENT 1. CONTRACTOR REQUIREMENTS DOCUMENT
DOE M 475.1-1B Chapter I, Part A
8-28-07 I-A1
CHAPTER I
PROGRAM ADMINISTRATION
PART A—APPOINTMENT OF CLASSIFICATION/DECLASSIFICATION OFFICIALS
See pages I-13 and I-14 for a summary matrix of Headquarters and field element classification
and declassification officials.
1. FIELD ELEMENT CLASSIFICATION OFFICER. Manages the field element
classification program.
a. Qualifications. To serve as a Classification Officer, the employee must have
(1) a scientific or technical degree related to the work being done at that site
or facility or
(2) relevant work experience as validated by the appointing official.
b. Classification/Declassification Authorities Required. A Classification Officer
must be an Original Classifier, Derivative Classifier, and Derivative Declassifier.
c. Nomination. The head of the field element or his or her designee nominates an
employee to serve as Classification Officer by submitting the following
information to the appropriate appointing official: to the Director, Office of
Classification, for DOE elements or to the Associate Administrator for Defense
Nuclear Security for NNSA elements, the employee’s—
(1) name, organization, mailing address (including organization code),
telephone number, and e-mail address; and
(2) scientific or technical degree or a description of his or her relevant work
experience.
d. Appointment. After verifying the nominated employee’s qualifications, the
appointing official notifies the employee and the head of the field element in
writing that the employee is appointed as the Classification Officer.
e. Training. The Classification Officer must successfully complete the training
described in paragraph 5 of chapter VI of this Manual within 1 year of being
appointed. Not completing the training successfully within this time frame is
grounds for removal from the position. The appointing official may waive the
Section 13
required training and examination if the nominated employee has completed the
training and examination within the last 3 years.
f. Removal from Position. The head of the field element or the appointing official
may remove an employee from the Classification Officer position when the
Chapter I, Part A DOE M 475.1-1B
I-A2 8-28-07
employee cannot or does not perform his or her responsibilities reliably or does
not complete the required initial Classification Officer training within the 1-year
time frame. When such action is taken, the individual removing the employee
from the position must—
(1) notify the employee and
(2) inform the other party (either the head of the field element or the
appointing official) of the removal, the reason for removal, and the
effective date.
2. FIELD ELEMENT CLASSIFICATION COORDINATOR. Monitors the work of a
Classification Officer from outside of the Classification Coordinator's field element who
is performing all of the Classification Officer functions for that field element under an
agreement for support.
a. Qualifications. To serve as a Classification Coordinator, the employee must be
knowledgeable about the classification requirements identified in DOE O 475.2
and this Manual and be aware of classified activities within his or her field
element.
b. Classification Authority Required. No classification authority is required.
c. Appointment. The head of the field element appoints the employee in writing as
the Classification Coordinator with a copy to the Director, Office of
Classification, and for an NNSA element, also to the Associate Administrator for
Defense Nuclear Security.
d. Training. The Classification Coordinator must attend the briefing described in
paragraph 6 of Chapter VI of this Manual within 1 year of being appointed. Not
attending this briefing within this time frame is grounds for removal from the
position.
e. Removal from Position. The head of the field element may remove an employee
from the Classification Coordinator position. When such an action is taken, the
head of the field element must notify the employee and the Director, Office of
Classification (if an NNSA element, through the Associate Administrator for
Defense Nuclear Security) of the removal, the reason for removal, and the
effective date.
3. HEADQUARTERS CLASSIFICATION REPRESENTATIVE. Focal point for the
classification program in a Headquarters element with Derivative Classifiers.
a. Qualifications. To serve as a Headquarters Classification Representative, the
employee must be knowledgeable about the work being performed in classified
subject areas in his or her Headquarters element.
DOE M 475.1-1B Chapter I, Part A
8-28-07 I-A3
b. Classification Authority Required. A Headquarters Classification Representative
must be a Derivative Classifier.
c. Nomination. The head of the Headquarters element nominates an employee by
submitting the following information to the appropriate appointing official: to the
Director, Office of Classification, for DOE Headquarters elements or to the
Associate Administrator for Defense Nuclear Security for NNSA Headquarters
elements—
(1) the employee’s name, organization, mailing address (including
organization code), telephone number, and e-mail address; and
(2) a description of the employee’s knowledge of the work being performed in
classified subject areas in his or her Headquarters element.
Section 14
d. Appointment. After verifying the nominated employee’s qualifications, the
appointing official notifies the employee and the head of the Headquarters
element in writing that the employee is appointed as the Headquarters
Classification Representative.
e. Training. The Headquarters Classification Representative must successfully
complete the training described in paragraph 7 of Chapter VI of this Manual
within 1 year of being appointed. Not completing the training successfully within
this time frame is grounds for removal from the position.
f. Removal from Position. The head of the Headquarters element or the appointing
official may remove an employee from the Headquarters Classification
Representative position when the employee cannot or does not perform his or her
responsibilities reliably or does not complete the required initial Headquarters
Classification Representative training within the 1-year time frame. When such
an action is taken, the individual removing the employee from the position
must—
(1) notify the employee and
(2) inform the other party (either the head of the Headquarters element or the
appointing official) of the removal, the reason for removal, and the
effective date.
4. HEADQUARTERS CLASSIFICATION LIAISON. Point of contact for classification
issues in a Headquarters element with no Derivative Classifiers, but with employees who
are authorized access to classified information.
a. Qualifications. To serve as a Headquarters Classification Liaison, the employee
must be aware of the classified information to which employees are authorized
access.
b. Classification Authority Required. No classification authority is required.
Chapter I, Part A DOE M 475.1-1B
I-A4 8-28-07
c. Appointment. The head of the Headquarters element appoints the employee in
writing as the Headquarters Classification Liaison with a copy to the Director,
Office of Classification, and for an NNSA element, also to the Associate
Administrator for Defense Nuclear Security.
d. Training. No training required.
e. Removal from Position. The head of the Headquarters element may remove an
employee from the Headquarters Classification Liaison position. When such an
action is taken, the head of the Headquarters element must notify the employee
and the Director, Office of Classification (through the Associate Administrator for
Defense Nuclear Security if an NNSA element), of the removal, the reason for
removal, and the effective date.
5. ORIGINAL CLASSIFIER. Initially determines that information requires protection
against unauthorized disclosure in the interest of national security under E.O. 12958, as
amended (known as National Security Information).
a. Top Secret Original Classifiers.
(1) Appointment. By delegation order, the Secretary of Energy appoints
Federal employees occupying certain positions as Top Secret Original
Classifiers. This authority may be exercised by individuals occupying
these positions in an acting capacity if they have completed the training
required in paragraph 5a(2). Such authority may be re-delegated only as
allowed under the delegation order. (Employees designated by the
Secretary automatically have Secret and Confidential original
classification authority and are not subject to other requirements under
paragraph 5b. In addition, only these employees are automatically granted
derivative classification authority at the Top Secret, Secret, and
Confidential levels.)
Section 15
(2) Briefing. Employees occupying these positions must be briefed by the
Office of Classification prior to exercising this authority. Employees
serving in an acting capacity for one of these positions must complete this
training prior to exercising this authority.
b. Secret and Confidential Original Classifiers. To be nominated to serve as an
Original Classifier, the employee must occupy a position with a potential need to
evaluate information not currently classified to determine whether such
information should be classified in the interest of the national security.
(1) Qualifications. The nominated employee must be—
(a) a Federal employee;
DOE M 475.1-1B Chapter I, Part A
8-28-07 I-A5
(b) competent in the subject areas in which the authority will be used;
and
(c) familiar with DOE classification policy, procedures, and guidance.
(2) Nomination. The immediate supervisor of the employee submits the
following information to the Classification Officer or Headquarters
Classification Representative, who confirms the need for an Original
Classifier and submits the nomination to one of the following appointing
officials: to the Director, Office of Classification, for DOE elements or to
the Associate Administrator for Defense Nuclear Security for NNSA
elements—
(a) the employee’s name, organization, mailing address (including
organization code), telephone number, and e-mail address;
(b) subject areas in which the authority will be used;
(c) desired jurisdiction (e.g., information originated within a particular
organization); and
(d) a description of the employee’s competence in the subject areas
and familiarity with classification policy and procedures in the
subject areas for which the authority will be used.
(3) Training. The nominated employee must successfully complete training
for an Original Classifier described in paragraph 4a of Chapter VI of this
Manual prior to appointment. The appointing official may waive required
training and examination if the nominated employee has completed the
training and examination within the last 3 years. However, the expiration
date for the authority must still be no longer than 3 years from the most
recent successfully completed training
(4) Appointment. After verifying that the nominated employee has
successfully completed the training and examination, the appointing
official notifies the employee, the employee’s supervisor, and the
appropriate Classification Officer or Headquarters Classification
Representative that the employee is appointed as an Original Classifier
and provides an authority description that includes the individual’s name,
organization, the effective date, the specific subject areas covered by the
authority, the jurisdiction of the authority, the expiration date, and any
special instructions or limitations on the authority. Such information may
be provided directly to the Original Classifier or maintained in any form
accessible by the Original Classifier; e.g., in an electronic database.
(5) Authority Duration and Reappointment. Original classification authority
is granted for a period of 3 years. If the authority is still needed at the end
Chapter I, Part A DOE M 475.1-1B
I-A6 8-28-07
of this period, the employee must successfully complete an examination
that, at a minimum, retests his or her understanding of applicable
classification policies, principles, and procedures and be reappointed as an
Section 16
Original Classifier. If this examination is not successfully completed
before the authority expires, then the appointing official may grant a one-
time, 3-month extension of the authority. If the examination is not
successfully completed by the end of the 3-month extension, the authority
is automatically terminated.
(6) Authority Limitations. An employee may exercise his or her original
classification authority only in the specific subject areas and jurisdiction
covered in his or her authority description and in keeping with any special
limitations imposed. The employee cannot re-delegate the authority. If
the employee changes positions, the original classification authority is
terminated, and any employee who later fills the same position is not
automatically granted the authority, but must be nominated and appointed
following the above process.
(7) Cancellation of Authority. An employee’s supervisor, the Classification
Officer, or the appointing official may cancel this authority when an
employee no longer requires such authority or if the employee cannot or
does not exercise the authority reliably. When such an action is taken, the
individual canceling the authority must—
(a) notify the employee and
(b) inform the other parties of the reason for cancellation and the
effective date.
6. DERIVATIVE CLASSIFIER. Determines whether a document or material contains
classified information or whether the document or material should be upgraded.
a. Qualifications. The nominated employee must be –
(1) competent in the subject areas in which the authority will be used and
(2) familiar with DOE classification policy, procedures, and guidance.
b. Nomination.
(1) Submission of Nomination.
(a) Headquarters. The immediate supervisor of the employee submits
the information identified in paragraph 6b(2) below to the
Headquarters Classification Representative, who confirms the need
for the Derivative Classifier and then submits it to one of the
following appointing officials: to the Director, Office of
DOE M 475.1-1B Chapter I, Part A
8-28-07 I-A7
Classification, for DOE elements; to the Associate Administrator
for Defense National Security, for NNSA elements.
(b) Field Elements. The immediate supervisor of the employee
submits the information identified in paragraph 6b(2) below to the
field element Classification Officer, who confirms the need for the
Derivative Classifier. If the request is for Secret or Confidential
derivative authority, the Classification Officer is the appointing
official. If the request is for Top Secret derivative authority, the
Classification Officer submits the request to one of the following
appointing officials: to the Director, Office of Classification, for
DOE elements; to the Associate Administrator for Defense
National Security for NNSA elements.
(2) Required Information. The nomination must include the following
information:
(a) The employee’s name, organization, mailing address (including
organization code), telephone number, and e-mail address;
(b) subject areas in which the authority will be used;
(c) desired jurisdiction (e.g., documents originated within a particular
organization); and
(d) any special limitations on the authority (e.g., time frame of the
documents).
c. Training. The nominated employee must successfully complete the training for a
Derivative Classifier described in paragraph 4b of chapter VI of this Manual prior
Section 17
to appointment. The appointing official may waive the required training and
examination if the nominated employee has completed the training and
examination within the last 3 years. However, the expiration date for the
authority must be no longer than 3 years from the most recent successfully
completed training.
d. Appointment. After verifying that the nominated employee has successfully
completed the training and examination, the appointing official notifies the
employee, the employee’s supervisor, and, if appropriate, the Classification
Officer or Headquarters Classification Representative that the employee is
appointed as a Derivative Classifier and provides an authority description that
includes the individual’s name, organization, the effective date, the specific
subject areas covered by the authority, the jurisdiction of the authority, the
expiration date, and any special instructions or limitations on the authority. Such
information may be provided directly to the Derivative Classifier or be
maintained in any form accessible by the Derivative Classifier; e.g., in an
electronic database.
Chapter I, Part A DOE M 475.1-1B
I-A8 8-28-07
e. Authority Duration and Reappointment. Derivative classification authority is
granted for a period of 3 years. If the authority is still needed at the end of this
period, the employee must successfully complete an examination that, at a
minimum, retests his or her understanding of applicable classification policies,
principles, procedures, and guidance and be reappointed. If this examination is
not successfully completed before the authority expires, then the appointing
official may grant a one-time, 3-month extension of the authority. If the
examination is not successfully completed by the end of the 3-month extension,
the authority is automatically terminated.
f. Authority Limitations. An employee may exercise his or her derivative
classification authority only in the specific subject areas and jurisdiction covered
in his or her authority description and in keeping with any special limitations
imposed. The employee cannot re-delegate the authority. If an employee changes
positions, the employee may retain the derivative classification authority as long
as his or her new supervisor concurs and notifies the Classification Officer or
Headquarters Classification Representative of his or her concurrence. (For
example, the employee’s new supervisor may verify concurrence by sending an
e-mail message to the Classification Officer or Headquarters Classification
Representative.) If the employee has Top Secret derivative authority, then the
Classification Officer or Headquarters Classification Representative must also
notify the appointing official of the change in position. In addition, for
Headquarters employees with Secret or Confidential derivative authority, the
Headquarters Classification Representative must notify the appointing official of
the change in position.
g. Cancellation of Authority. An employee’s supervisor, the Classification Officer,
or the appointing official may cancel this authority when an employee no longer
requires such authority or if the employee cannot or does not exercise the
authority reliably. When such action is taken, the individual canceling the
authority must—
(1) notify the employee and
(2) inform the other parties of the reason for cancellation and the effective
date.
Section 18
7. DERIVATIVE DECLASSIFIER. Determines whether a currently classified document or
material may be declassified or downgraded.
a. Qualifications. The employee must—
(1) have a relevant scientific or technical degree or work experience as
validated by the appointing official;
(2) be competent in the subject areas in which the authority will be used; and
DOE M 475.1-1B Chapter I, Part A
8-28-07 I-A9
(3) be familiar with DOE classification and declassification policy,
procedures, and guidance.
b. Nomination. The immediate supervisor of the employee submits the following
information to the Classification Officer or Headquarters Classification
Representative, who confirms the need for a Derivative Declassifier and submits
the nomination to one of the following appointing officials: to the Director,
Office of Classification, for DOE elements; to the Associate Administrator for
Defense Nuclear Security for NNSA elements:
(1) The employee’s name, organization, mailing address (including
organization code), telephone number, and e-mail address;
(2) subject areas in which the authority will be used;
(3) desired jurisdiction (e.g., documents originated within a particular
organization);
(4) any special limitations on the authority (e.g., time frame of the
documents); and
(5) the employee’s relevant scientific or technical degree or a description of
his or her relevant work experience.
c. Training. The nominated employee must successfully complete the training for a
Derivative Declassifier described in paragraph 4c of chapter VI of this Manual
prior to appointment. An appointing official may waive the required training
and/or examination if the nominated employee has completed the training and
examination within the last 3 years. However, the expiration date for the
authority must be no longer than 3 years from the most recent successfully
completed training.
d. Appointment. After verifying that the nominated employee has successfully
completed the training and the examination, the appointing official notifies the
employee, the employee’s supervisor, and the Classification Officer or
Headquarters Classification Representative that the employee is appointed as a
Derivative Declassifier and provides an authority description that includes the
individual’s name, organization, the effective date, the specific subject areas
covered by the authority, the jurisdiction of the authority, the expiration date, and
any special instructions or limitations on the authority. Such information may be
provided directly to the Derivative Declassifier or be maintained in any form
accessible by the Derivative Declassifier; e.g., in an electronic database.
e. Authority Duration and Reappointment. Derivative declassification authority is
granted for a period of 3 years. If the authority is still needed at the end of this
period, the employee must successfully complete an examination that, at a
minimum, retests his or her understanding of applicable classification and
Chapter I, Part A DOE M 475.1-1B
I-A10 8-28-07
declassification policies, principles, procedures, and guidance and be reappointed.
If this examination is not successfully completed before the authority expires,
then the appointing official may grant a one-time, 3-month extension of the
authority. If the examination is not successfully completed by the end of the
3-month extension, the authority is automatically terminated.
Section 19
f. Authority Limitations. An employee may exercise his or her derivative
declassification authority only in the specific subject areas and jurisdiction
covered in his or her authority description and in keeping with any special
limitations imposed. The employee cannot re-delegate the authority. If an
employee changes positions, the employee may retain derivative declassification
authority as long as his or her new supervisor concurs and notifies the
Classification Officer or Headquarters Classification Representative of his or her
concurrence. (For example, the employee’s new supervisor may verify
concurrence by sending an e-mail message to the Classification Officer or
Headquarters Classification Representative.) The Classification Officer or
Headquarters Classification Representative must notify the appointing official of
the change in position.
g. Cancellation of Authority. An employee’s supervisor, the Classification Officer,
or the appointing official may cancel derivative declassification authority when an
employee no longer requires such authority or if the employee cannot or does not
exercise the authority reliably. When such an action is taken, the individual
canceling the authority must –
(1) notify the employee and
(2) inform the other parties of the reason for cancellation and the effective
date.
8. CLASSIFICATION/DECLASSIFICATION AUTHORITY FOR EMPLOYEE
DETAILED AWAY FROM HOME ORGANIZATION. An employee who is detailed
away from his or her home organization may need to classify or declassify information,
documents, or material in the organization to which he or she is detailed. All of the
elements identified above for each authority apply with the following
exceptions/additions:
a. Nomination. The individual who supervises the employee while the employee is
on detail away from his or her home organization submits the required
information for the desired authority to the Classification Officer or Headquarters
Classification Representative for the employee’s home organization, who then
acts upon the request or submits the request to the appropriate appointing official
for the employee’s home organization as identified for the authority required, as
appropriate.
DOE M 475.1-1B, Part A Chapter I, Part A
8-28-07 I-A11 (and I-A12)
b. Training.
(1) Required by Manual. The individual’s home organization is responsible
for ensuring that all training and testing requirements described in
chapter VI of this Manual are completed before the authority is granted.
Such training and testing may be provided by another qualified
Classification Officer based on geographical or other considerations.
(2) Required by Organization to Which Employee is Detailed. The
organization to which the employee is detailed may require training and/or
testing in addition to that required in chapter VI of this Manual. That
organization is responsible for ensuring that such training and testing is
completed prior to the authority being granted.
c. Appointment. In addition to other appointment requirements, the appointing
official must notify the Classification Officer or Headquarters Classification
Representative at both the employee’s home organization and detail organization
of the appointment.
DOE M 475.1-1B Chapter I, Part A
8-28-07 I-A13
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D
O
E
:
D
ir
e
c
to
r,
O
ff
ic
e
o
f
C
la
s
s
if
ic
a
ti
o
n
F
o
r
N
N
S
A
:
A
s
s
o
c
ia
te
A
d
m
in
is
tr
a
to
r
fo
r
D
e
fe
n
s
e
N
u
c
le
a
r
S
e
c
u
ri
ty
P
ri
m
a
ry
F
u
n
c
ti
o
n
F
o
c
a
l
p
o
in
t
fo
r
th
e
c
la
s
s
if
ic
a
ti
o
n
p
ro
g
ra
m
i
n
a
H
e
a
d
q
u
a
rt
e
rs
e
le
m
e
n
t
w
it
h
D
e
ri
v
a
ti
v
e
C
la
Section 21
s
s
if
ie
rs
P
o
in
t
o
f
c
o
n
ta
c
t
fo
r
c
la
s
s
if
ic
a
ti
o
n
i
s
s
u
e
s
i
n
H
e
a
d
q
u
a
rt
e
rs
e
le
m
e
n
t
w
it
h
n
o
D
e
ri
v
a
ti
v
e
C
la
s
s
if
ie
rs
,
b
u
t
w
it
h
c
le
a
re
d
e
m
p
lo
y
e
e
s
In
it
ia
lly
d
e
te
rm
in
e
s
t
h
a
t
in
fo
rm
a
ti
o
n
r
e
q
u
ir
e
s
p
ro
te
c
ti
o
n
u
p
t
o
t
h
e
T
o
p
S
e
c
re
t
le
v
e
l
a
g
a
in
s
t
u
n
a
u
th
o
ri
z
e
d
d
is
c
lo
s
u
re
i
n
t
h
e
i
n
te
re
s
t
o
f
n
a
ti
o
n
a
l
s
e
c
u
ri
ty
u
n
d
e
r
E
.O
.
1
2
9
5
8
,
a
s
a
m
e
n
d
e
d
In
it
ia
lly
d
e
te
rm
in
e
s
t
h
a
t
in
fo
rm
a
ti
o
n
r
e
q
u
ir
e
s
p
ro
te
c
ti
o
n
u
p
t
o
t
h
e
a
u
th
o
ri
z
e
d
l
e
v
e
l
a
g
a
in
s
t
u
n
a
u
th
o
ri
z
e
d
d
is
c
lo
s
u
re
i
n
t
h
e
i
n
te
re
s
t
o
f
n
a
ti
o
n
a
l
s
e
c
u
ri
ty
u
n
d
e
r
E
.O
.
1
2
9
5
8
,
a
s
a
m
e
n
d
e
d
D
e
te
rm
in
e
s
w
h
e
th
e
r
a
d
o
c
u
m
e
n
t
o
r
m
a
te
ri
a
l
c
o
n
ta
in
s
c
la
s
s
if
ie
d
i
n
fo
rm
a
ti
o
n
D
e
te
rm
in
e
s
w
h
e
th
e
r
a
d
o
c
u
m
e
n
t
o
r
m
a
te
ri
a
l
n
o
lo
n
g
e
r
c
o
n
ta
in
s
c
la
s
s
if
ie
d
i
n
fo
rm
a
ti
o
n
Figur
e 1. M
atrix f
or He
adqua
rters
Autho
rities
T
it
le
H
e
a
d
q
u
a
rt
e
rs
C
la
s
s
if
ic
a
ti
o
n
R
e
p
re
s
e
n
ta
ti
v
e
H
e
a
d
q
u
a
rt
e
rs
C
la
s
s
if
ic
a
ti
o
n
L
ia
is
o
n
O
ri
g
in
a
l
C
la
s
s
if
ie
r
(T
o
p
S
e
c
re
t
le
v
e
l)
O
ri
g
in
a
l
C
la
s
s
if
ie
r
(S
e
c
re
t
o
r
C
o
n
fi
d
e
n
ti
a
l
le
v
e
l)
D
e
ri
v
a
ti
v
e
C
la
s
s
if
ie
r
D
e
ri
v
a
ti
v
e
D
e
c
la
s
s
if
ie
r
Chapter I, Part A DOE M 475.1-1B
I-A14 8-28-07
Comm
ents
M
u
s
t
a
ls
o
b
e
t
h
e
f
o
llo
w
in
g
:
!
O
ri
g
in
a
l
C
la
s
s
if
ie
r
!
D
e
ri
v
a
ti
v
e
C
la
s
s
if
ie
r
!
D
e
ri
v
a
ti
v
e
D
e
c
la
s
s
if
ie
r
M
u
s
t
c
o
m
p
le
te
r
e
q
u
ir
e
d
i
n
it
ia
l
C
la
s
s
if
ic
a
ti
o
n
O
ff
ic
e
r
tr
a
in
in
g
w
it
h
in
1
y
e
a
r
o
f
a
p
p
o
in
tm
e
n
t
A
p
p
lie
s
o
n
ly
t
o
f
ie
ld
e
le
m
e
n
ts
t
h
a
t
h
a
v
e
n
o
t
a
p
p
o
in
te
d
a
C
la
s
s
if
ic
a
ti
o
n
O
ff
ic
e
r
fr
o
m
w
it
h
in
t
h
e
fi
e
ld
e
le
m
e
n
t
b
u
t
h
a
v
e
a
rr
a
n
g
e
d
i
n
w
ri
ti
n
g
t
o
h
a
v
e
a
ll
th
e
f
u
n
c
ti
o
n
s
o
f
a
C
la
s
s
if
ic
a
ti
o
n
O
ff
ic
e
r
p
e
rf
o
rm
e
d
b
y
s
o
m
e
o
n
e
f
ro
m
o
u
ts
id
e
t
h
e
f
ie
ld
e
le
m
e
n
t
M
u
s
t
a
tt
e
n
d
t
h
e
r
e
q
u
ir
e
d
b
ri
e
fi
n
g
w
it
h
in
1
y
e
a
r
o
f
a
p
p
o
in
tm
e
n
t
A
p
p
lie
s
o
n
ly
t
o
N
a
ti
o
n
a
l
S
e
c
u
ri
ty
I
n
fo
rm
a
ti
o
n
B
y
D
e
le
g
a
ti
o
n
O
rd
e
r
B
ri
e
fi
n
g
r
e
q
u
ir
e
d
b
y
O
ff
ic
e
o
f
C
la
s
s
if
ic
a
ti
o
n
p
ri
o
r
to
e
x
e
rc
is
in
g
a
u
th
o
ri
ty
A
p
p
lie
s
o
n
ly
t
o
N
a
ti
o
n
a
l
S
e
c
u
ri
ty
I
n
fo
rm
a
ti
o
n
M
u
s
t
c
o
m
p
le
te
r
e
q
u
ir
e
d
t
ra
in
in
g
a
n
d
t
e
s
ti
n
g
p
ri
o
r
to
a
p
p
o
in
tm
e
n
t
a
n
d
r
e
te
s
ti
n
g
p
ri
o
r
to
r
e
a
p
p
o
in
tm
e
n
t
M
u
s
t
c
o
m
p
le
te
r
e
q
u
ir
e
d
t
ra
in
in
g
a
n
d
t
e
s
ti
n
g
p
ri
o
r
to
a
p
p
o
in
tm
e
n
t
a
n
d
r
e
te
s
ti
n
Section 22
g
p
ri
o
r
to
r
e
a
p
p
o
in
tm
e
n
t
M
u
s
t
c
o
m
p
le
te
r
e
q
u
ir
e
d
t
ra
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in
g
a
n
d
t
e
s
ti
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g
p
ri
o
r
to
a
p
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tm
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n
t
a
n
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te
s
ti
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g
p
ri
o
r
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r
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a
p
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in
tm
e
n
t
M
u
s
t
c
o
m
p
le
te
r
e
q
u
ir
e
d
t
ra
in
in
g
a
n
d
t
e
s
ti
n
g
p
ri
o
r
to
a
p
p
o
in
tm
e
n
t
a
n
d
r
e
te
s
ti
n
g
p
ri
o
r
to
r
e
a
p
p
o
in
tm
e
n
t
Durat
ion
In
d
e
fi
n
it
e
In
d
e
fi
n
it
e
In
d
e
fi
n
it
e
3
y
e
a
rs
3
y
e
a
rs
3
y
e
a
rs
3
y
e
a
rs
Appo
inting
Offic
ial
F
o
r
D
O
E
:
D
ir
e
c
to
r,
O
ff
ic
e
o
f
C
la
s
s
if
ic
a
ti
o
n
F
o
r
N
N
S
A
:
A
s
s
o
c
ia
te
A
d
m
in
is
tr
a
to
r
fo
r
D
e
fe
n
s
e
N
u
c
le
a
r
S
e
c
u
ri
ty
H
e
a
d
o
f
th
e
f
ie
ld
e
le
m
e
n
t
S
e
c
re
ta
ry
o
f
E
n
e
rg
y
(
H
o
w
e
v
e
r,
c
o
n
ta
c
t
o
n
e
o
f
th
e
f
o
llo
w
in
g
f
o
r
in
fo
rm
a
ti
o
n
a
b
o
u
t
th
e
a
u
th
o
ri
ty
:
F
o
r
D
O
E
:
D
ir
e
c
to
r,
O
ff
ic
e
o
f
C
la
s
s
if
ic
a
ti
o
n
F
o
r
N
N
S
A
:
A
s
s
o
c
ia
te
A
d
m
in
is
tr
a
to
r
fo
r
D
e
fe
n
s
e
N
u
c
le
a
r
S
e
c
u
ri
ty
)
F
o
r
D
O
E
:
D
ir
e
c
to
r,
O
ff
ic
e
o
f
C
la
s
s
if
ic
a
ti
o
n
F
o
r
N
N
S
A
:
A
s
s
o
c
ia
te
A
d
m
in
is
tr
a
to
r
fo
r
D
e
fe
n
s
e
N
u
c
le
a
r
S
e
c
u
ri
ty
F
o
r
D
O
E
:
D
ir
e
c
to
r,
O
ff
ic
e
o
f
C
la
s
s
if
ic
a
ti
o
n
F
o
r
N
N
S
A
:
A
s
s
o
c
ia
te
A
d
m
in
is
tr
a
to
r
fo
r
D
e
fe
n
s
e
N
u
c
le
a
r
S
e
c
u
ri
ty
C
la
s
s
if
ic
a
ti
o
n
O
ff
ic
e
r
F
o
r
D
O
E
:
D
ir
e
c
to
r,
O
ff
ic
e
o
f
C
la
s
s
if
ic
a
ti
o
n
F
o
r
N
N
S
A
:
A
s
s
o
c
ia
te
A
d
m
in
is
tr
a
to
r
fo
r
D
e
fe
n
s
e
N
u
c
le
a
r
S
e
c
u
ri
ty
Prim
ary Fu
nction
M
a
n
a
g
e
s
t
h
e
c
la
s
s
if
ic
a
ti
o
n
p
ro
g
ra
m
fo
r
th
e
f
ie
ld
e
le
m
e
n
t
M
o
n
it
o
rs
t
h
e
w
o
rk
o
f
th
e
f
ie
ld
e
le
m
e
n
t
C
la
s
s
if
ic
a
ti
o
n
O
ff
ic
e
r
w
h
o
i
s
p
e
rf
o
rm
in
g
a
ll
o
f
th
e
C
la
s
s
if
ic
a
ti
o
n
O
ff
ic
e
r
fu
n
c
ti
o
n
s
f
o
r
th
e
f
ie
ld
e
le
m
e
n
t
th
ro
u
g
h
a
n
a
g
re
e
m
e
n
t
fo
r
s
u
p
p
o
rt
In
it
ia
lly
d
e
te
rm
in
e
s
t
h
a
t
in
fo
rm
a
ti
o
n
re
q
u
ir
e
s
p
ro
te
c
ti
o
n
u
p
t
o
t
h
e
T
o
p
S
e
c
re
t
le
v
e
l
a
g
a
in
s
t
u
n
a
u
th
o
ri
z
e
d
d
is
c
lo
s
u
re
i
n
t
h
e
i
n
te
re
s
t
o
f
n
a
ti
o
n
a
l
s
e
c
u
ri
ty
u
n
d
e
r
E
.O
.
1
2
9
5
8
,
a
s
a
m
e
n
d
e
d
In
it
ia
lly
d
e
te
rm
in
e
s
t
h
a
t
in
fo
rm
a
ti
o
n
re
q
u
ir
e
s
p
ro
te
c
ti
o
n
u
p
t
o
t
h
e
a
u
th
o
ri
z
e
d
l
e
v
e
l
a
g
a
in
s
t
u
n
a
u
th
o
ri
z
e
d
d
is
c
lo
s
u
re
i
n
t
h
e
i
n
te
re
s
t
o
f
n
a
ti
o
n
a
l
s
e
c
u
ri
ty
u
n
d
e
r
E
.O
.
1
2
9
5
8
,
a
s
a
m
e
n
d
e
d
D
e
te
rm
in
e
s
w
h
e
th
e
r
a
d
o
c
u
m
e
n
t
o
r
m
a
te
ri
a
l
c
o
n
ta
in
s
c
la
s
s
if
ie
d
in
fo
rm
a
ti
o
n
u
p
t
o
t
h
e
T
o
p
S
e
c
re
t
le
v
e
l
D
e
te
rm
in
e
s
w
h
e
th
e
r
a
d
o
c
u
m
e
n
t
o
r
m
a
te
ri
a
l
c
o
n
ta
in
s
c
la
s
s
if
ie
d
in
fo
rm
a
ti
o
n
u
p
t
o
t
h
e
l
e
v
e
l
o
f
h
is
o
r
h
e
r
a
Section 23
u
th
o
ri
ty
D
e
te
rm
in
e
s
w
h
e
th
e
r
a
d
o
c
u
m
e
n
t
o
r
m
a
te
ri
a
l
n
o
l
o
n
g
e
r
c
o
n
ta
in
s
c
la
s
s
if
ie
d
in
fo
rm
a
ti
o
n
Figur
e 2. M
atrix f
or Fie
ld Ele
ment
Autho
rities
Title
C
la
s
s
if
ic
a
ti
o
n
O
ff
ic
e
r
C
la
s
s
if
ic
a
ti
o
n
C
o
o
rd
in
a
to
r
O
ri
g
in
a
l
C
la
s
s
if
ie
r
(T
o
p
S
e
c
re
t
le
v
e
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DOE M 475.1-1B Chapter I, Part B
8-28-07 I-B1
PART B—CHALLENGES TO CLASSIFICATION AND CONSEQUENCES
FOR MISCLASSIFYING INFORMATION, DOCUMENTS, OR MATERIAL
1. CHALLENGES TO CLASSIFICATION. Each employee is encouraged and expected to
challenge the classification of information, documents, or material that he or she believes
is improperly classified. Under no circumstances is the employee subject to retribution
for making such a challenge.
a. Restricted Data/Formerly Restricted Data.
(1) Informal Challenge. An employee may informally challenge an RD/FRD
document or material classification determination with the Derivative
Classifier or Derivative Declassifier who made the determination. The
Derivative Classifier or Derivative Declassifier should respond within
15 calendar days. If no response is received or the response does not
satisfy the employee making the challenge, the employee may submit the
challenge to the Classification Officer or Headquarters Classification
Representative, who should respond within 15 calendar days. If no
response is received or the response does not satisfy the employee making
the challenge, the employee may submit a formal challenge.
(2) Formal Challenge. An employee may formally challenge an RD/FRD
information classification determination made by the Director, Office of
Classification, as indicated in a classification guide topic or an RD/FRD
document or material classification determination made by a Derivative
Classifier or Derivative Declassifier. Such a challenge must be submitted
in writing to the Director, Office of Classification (or for an NNSA
employee, through the Associate Administrator for Defense Nuclear
Security), who should respond within 30 calendar days of receipt of the
challenge. If no response is received or the response does not satisfy the
employee making the challenge, the employee may submit the challenge
to the Deputy Chief for Operations, Office of Health, Safety and Security.
(3) Final Determination. The Deputy Chief for Operations, Office of Health,
Safety and Security, makes the final determination on each RD/FRD
challenge and must respond within 60 calendar days of receipt of the
challenge. Any disagreements between NNSA and the Office of Health,
Safety and Security with regard to NNSA information are submitted by
the NNSA Administrator to the Deputy Secretary for resolution.
b. National Security Information.
(1) Informal Challenge. An employee may informally challenge an NSI
classification determination of information or a document or material with
the Original Classifier, Derivative Classifier, or Derivative Declassifier
who made the determination. The Original Classifier, Derivative
Section 24
Classifier, or Derivative Declassifier should respond to the challenge
Chapter I, Part B DOE M 475.1-1B
I-B2 8-28-07
within 15 calendar days. If no response is received or the response does
not satisfy the employee making the challenge, the employee may submit
the challenge to the Classification Officer or Headquarters Classification
Representative, who should respond within 15 calendar days. If no
response is received or the response does not satisfy the employee making
the challenge, the employee may submit a formal challenge.
(2) Formal Challenge. An employee may formally challenge an NSI original
or derivative classification determination. Such a challenge must be
submitted in writing to the Director, Office of Classification (or for an
NNSA employee, through the Associate Administrator for Defense
Nuclear Security), who will attempt to respond within 60 calendar days of
receipt of the challenge. If the Director, Office of Classification, is unable
to make a determination within 60 calendar days, he or she must
acknowledge the challenge in writing and provide a date when the
employee can expect to receive a determination. If this classification
determination has been the subject of a classification challenge within the
last 2 years or is subject to pending litigation, DOE is not required to
process the challenge and must inform the challenger of this fact and of
his or her appeal rights.
(3) Internal Agency Appeal. If the response by the Director, Office of
Classification, does not satisfy the employee making the challenge, the
employee may appeal the determination to the Deputy Chief of
Operations, Office of Health, Safety and Security, who must respond
within 90 calendar days of receipt of the appeal. Any disagreements
between NNSA and the Office of Health, Safety and Security with regard
to NNSA information are submitted by the NNSA Administrator to the
Deputy Secretary for resolution.
(4) Appeal to the Interagency Security Classification Appeals Panel (ISCAP).
An employee may forward a challenge to the ISCAP for review if
(a) a response to a formal challenge has not been received within
120 calendar days or
(b) a response to an internal Agency appeal has not been received
within 90 calendar days or
(c) the challenger is not satisfied with the response to the internal
Agency appeal.
The appeal to the ISCAP must follow the procedures described in
Article VIB of the ISCAP bylaws
(http://www.archives.gov/isoo/oversight-groups/iscap/iscap-
bylaws.html#first-function).
DOE M 475.1-1B Chapter I, Part B
8-28-07 I-B3 (and I-B4)
c. Classification Status During Processing of a Challenge. The information,
document, or material that is the subject of a classification challenge must be
protected at the current classification level and category or the classification level
and category proposed by the challenge, whichever is higher, until a final decision
is made.
2. MISCLASSIFICATION OF INFORMATION, DOCUMENTS, OR MATERIAL.
a. Deliberate Action. Any knowing or willful action that results in the
misclassification of information, documents, or material violates the requirements
in this Manual and may result in a security infraction or violation, as covered
under DOE M 470.4-1, Safeguards and Security Program Planning and
Management. However, security infractions are not issued in cases where
Derivative Classifiers or Derivative Declassifiers legitimately disagree about the
Section 25
interpretation of guidance as determined by the cognizant Classification Officer.
Examples of situations in which security infractions may be issued include
classifying without authority; classifying outside of granted authority; failing to
obtain a classification review when required.
b. Negligence in Exercising Classification/Declassification Authority. The
appropriate official (as indicated in Part A of this chapter) must promptly cancel
the classification or declassification authority of any individual who demonstrates
gross negligence or a pattern of negligence or carelessness in applying the
requirements in this Manual that results in the misclassification of information,
documents, or material.
DOE M 475.1-1B Chapter I, Part C
8-28-07 I-C1 (and I-C2)
PART C—OTHER REQUIREMENTS
1. PERIODIC REPORTING REQUIREMENT. At the beginning of each fiscal year, the
Office of Classification informs each DOE and NNSA Classification Officer and
Headquarters Classification Representative about what statistics concerning the
classification and declassification programs they must compile for that fiscal year (e.g.,
number of individuals with original classification authority, original and derivative
classification determinations, declassification determinations, number of inspections,
number of challenges processed). At the conclusion of the fiscal year, the Office of
Classification issues a data call for the statistics.
2. RECORD OF CLASSIFYING AND DECLASSIFYING OFFICIALS. The official who
appoints Original Classifiers, Derivative Classifiers, and Derivative Declassifiers
maintains a record of such officials that includes, at a minimum, each employee’s name,
organization, the type of authority, the effective date, the subject areas covered by the
authority, the jurisdiction of the authority, the expiration date of the authority, and any
special instructions or limitations.
3. AGREEMENT FOR SUPPORT. If a field element partners with a Classification Officer
not located in the field element to provide support for classification duties, then a written
agreement must be prepared that describes the specific duties to be performed by the
supporting Classification Officer. The agreement must be signed by both parties. The
existence of such an agreement does not remove the ultimate responsibility for
performing the duties from the field element receiving the support. If a Classification
Officer not located in the field element serves as the Classification Officer for the field
element, then the field element must designate a Classification Coordinator to monitor
the activities of the Classification Officer.
DOE M 475.1-1B Chapter II
8-28-07 II-1
CHAPTER II
CLASSIFICATION CATEGORIES AND LEVELS
1. CATEGORIES OF CLASSIFIED INFORMATION.
a. Restricted Data. Information classified under the Atomic Energy Act that
concerns—
(1) the design, manufacture, or utilization of nuclear weapons;
(2) the production of special nuclear material; or
(3) the use of special nuclear material in the production of energy
but does not include information declassified or transclassified.
b. Formerly Restricted Data. Information classified under the Atomic Energy Act
and removed from the RD category through a joint determination by the DOE and
the Department of Defense that the information—
(1) is related primarily to the military utilization of nuclear weapons and
(2) can be adequately safeguarded in a manner similar to NSI.
Section 26
c. National Security Information. Information that has been determined under
E.O. 12958, as amended, or any predecessor Executive orders to require
protection against unauthorized disclosure and that is marked to indicate its
classified status when contained in a document.
2. LEVELS OF CLASSIFICATION. The following levels of classification are listed in
descending order of sensitivity:
a. Top Secret is RD, FRD, or NSI whose unauthorized disclosure could reasonably
be expected to cause exceptionally grave damage to the national security in a way
that the appropriate official can identify or describe.
b. Secret is RD, FRD, or NSI whose unauthorized disclosure could reasonably be
expected to cause serious damage to the national security in a way that the
appropriate official can identify or describe.
c. Confidential.
(1) Restricted Data/Formerly Restricted Data. The Confidential level applies
to RD and FRD information whose unauthorized disclosure could
reasonably be expected to cause undue risk to the common defense and
security in a way that the appropriate official can identify or describe.
Chapter II DOE M 475.1-1B
II-2 8-28-07
(2) National Security Information. The Confidential level applies to NSI
whose unauthorized disclosure could reasonably be expected to cause
damage to national security in a way that the appropriate official can
identify or describe.
In addition, E.O. 12958, as amended, requires that foreign government
information be protected at a level at least equivalent to that of the foreign
government. However, some foreign government information is protected
by the foreign government in a manner that is less restrictive than the
standards for U.S. Confidential information. In such cases, the
information is still classified while in the possession of the United States
Government. This information is classified at the Confidential level but is
identified as Confidential/Foreign Government Information-Modified
Handling Authorized. (See DOE M 470.4-4, Information Security, for
complete information on protection requirements for such information).
3. USE OF THE TERM “UNCLASSIFIED.” The term “unclassified” identifies information
that is not classified under a statute or Executive order. Unclassified information is not
normally marked as “unclassified” except to distinguish it from classified information
and then only when such distinction is required or otherwise serves a useful purpose. The
fact that information is unclassified does not mean that it may be released to the public
since it may be subject to other controls (e.g., Unclassified Controlled Nuclear
Information (UCNI), Official Use Only (OUO) information).
DOE M 475.1-1B Chapter III, Part A
8-28-07 III-A1
CHAPTER III
CLASSIFYING AND DECLASSIFYING INFORMATION
PART A—RESTRICTED DATA
1. INITIAL CLASSIFICATION.
a. Authority. The Director, Office of Classification, initially determines whether
nuclear-related information is RD under 10 CFR part 1045, with the concurrence
of the Associate Administrator for Defense Nuclear Security for information
under NNSA’s cognizance. The Director, Office of Classification, also may
evaluate new information in a previously declassified subject area and classify it
if warranted, with the concurrence of the Associate Administrator for Defense
Nuclear Security for information under NNSA’s cognizance.
b. Classification Level Assignment. The Director, Office of Classification, assigns a
Section 27
classification level that reflects the sensitivity of the information to the common
defense and security. The classification level assigned to the information is
proportional to the risk to the common defense and security by its unauthorized
disclosure. (See chapter II, paragraph 2)
c. Duration of Classification. Information classified as RD has no automatic date
for declassification. Such information remains classified until the Deputy Chief
for Operations, Office of Health, Safety and Security, determines that it may be
declassified.
d. Request for Determination. An employee who has information that he or she
believes falls under the RD definition and that is not already addressed in
classification guidance must request an evaluation by his or her Classification
Officer. If the Classification Officer agrees, he or she forwards the information to
the Director, Office of Classification (through the Associate Administrator for
Defense Nuclear Security for NNSA elements). The Director, Office of
Classification, must determine whether the information is RD within 90 calendar
days. The person requesting the evaluation must ensure that the information in
question is protected at the highest likely classification level until a determination
is made.
2. DECLASSIFICATION.
a. Authority. The Deputy Chief for Operations, Office of Health, Safety and
Security, determines whether RD information may be declassified, with the
concurrence of the Associate Administrator for Defense Nuclear Security for
information under NNSA’s cognizance.
Chapter III, Part A DOE M 475.1-1B
III-A2 8-28-07
b. Unauthorized Disclosure. Information classified as RD is not automatically
declassified because of any unauthorized disclosure of identical or similar
information.
c. Declassification Proposals. Anyone may propose the declassification of RD
information. All such proposals are forwarded through the proposer’s
Classification Officer or Headquarters Classification Representative to the
Director, Office of Classification (through the Associate Administrator for
Defense Nuclear Security for NNSA elements), who reviews each proposal to
determine whether it meets the criteria in paragraph 2c(3) below (from
10 CFR 1045.16). Those proposals that do are forwarded to the Deputy Chief for
Operations, Office of Health, Safety and Security, for his consideration.
(1) Employee Proposal. At any time, a DOE employee may submit a proposal
for declassifying RD information through the employee’s Classification
Officer or Headquarters Classification Representative to the Director,
Office of Classification, or for an NNSA employee to the Associate
Administrator for Defense Nuclear Security, who forwards those
proposals with merit to the Director, Office of Classification. Proposals
may be submitted for a variety of reasons, such as the declining sensitivity
of the information, to reduce operating costs, or to transfer technology to
the private sector.
(2) Formal Call for Proposals. The Office of Classification issues a call
periodically to DOE and NNSA Classification Officers and Headquarters
Classification Representatives as well as to the Department of Defense for
declassification proposals.
(3) Content of Proposal. Each proposal must contain the proposer’s name,
address, phone number, and a detailed description of the information
proposed to be declassified that addresses whether—
(a) the information is so widely known or readily apparent to
Section 28
knowledgeable observers that its classification would cast doubt on
the credibility of the classification system;
(b) publication of the information would assist in the development of
countermeasures or otherwise jeopardize any U.S. weapon or
weapon system;
(c) the information would hinder U.S. nonproliferation efforts by
significantly assisting potential adversaries to develop or improve a
nuclear weapon capability, produce nuclear weapons materials, or
make other military use of nuclear energy;
(d) publication of the information would have a detrimental effect on
U.S. foreign relations;
DOE M 475.1-1B Chapter III, Part A
8-28-07 III-A3 (and III-A4)
(e) publication of the information would benefit the public welfare,
taking into account the importance of the information to public
discussion and education and potential contribution to economic
growth; and
(f) publication of the information would benefit the operation of any
Government program by reducing operating costs or improving
public acceptance
(4) Disposition of Proposal. The Office of Classification notifies each person
or organization making a proposal of its disposition within 1 month after
the final determination on the proposal is made.
3. DOWNGRADING OR UPGRADING. The Director, Office of Classification, may
downgrade or upgrade the classification level of RD information, with the concurrence of
the Associate Administrator for Defense Nuclear Security for information under NNSA’s
cognizance.
4. RECLASSIFICATION. Information once classified as RD but declassified cannot be
reclassified.
5. NOTIFICATION. Derivative Classifiers and Derivative Declassifiers are notified when
information is classified, declassified, downgraded, or upgraded through the issuance of
classification guidance.
DOE M 475.1-1B Chapter III, Part B
8-28-07 III-B1
PART B—FORMERLY RESTRICTED DATA
1. TRANSCLASSIFICATION OF RESTRICTED DATA TO FORMERLY RESTRICTED
DATA.
a. Authority. Certain RD information that relates primarily to the military utilization
of nuclear weapons and that may be adequately protected in a manner similar to
NSI may be removed from the RD category and transclassified to FRD. This
transclassification requires a joint determination between the Deputy Chief for
Operations, Office of Health, Safety and Security, with the concurrence of the
Associate Administrator for Defense Nuclear Security for information under
NNSA’s cognizance, and appropriate officials within the Department of Defense.
However, the Director, Office of Classification, with the concurrence of the
Associate Administrator for Defense Nuclear Security for information under
NNSA’s cognizance and in coordination with the Department of Defense, may
also evaluate newly generated specific information in a previously declassified
subject area and classify it if warranted.
b. Classification Level Assignment. At the time of transclassification, the Deputy
Chief for Operations, Office of Health, Safety and Security, and officials from the
Department of Defense assign a classification level that reflects the sensitivity of
the information to the national security. The classification level assigned to the
information is proportional to the risk to the common defense and security by
unauthorized disclosure. (See Chapter II, paragraph 2)
c. Duration of Classification. Information classified as FRD has no automatic date
for declassification. Such information remains classified until the Deputy Chief
Section 29
for Operations, Office of Health, Safety and Security, and the Department of
Defense determine that it may be declassified.
2. DECLASSIFICATION.
a. Authority. The Deputy Chief for Operations, Office of Health, Safety and
Security, and Department of Defense officials jointly determine whether FRD
information may be declassified.
b. Unauthorized Disclosure. Information classified as FRD is not automatically
declassified because of any unauthorized disclosure of identical or similar
information.
c. Declassification Proposals. The Deputy Chief for Operations, Office of Health,
Safety and Security, in coordination with the Department of Defense, considers
proposals for declassifying FRD information. The process described in Part A,
paragraphs 2c(1)-(4) of this chapter also applies to proposals for declassifying
FRD information.
Chapter III, Part B DOE M 475.1-1B
III-B2 8-28-07
3. DOWNGRADING OR UPGRADING. The Director, Office of Classification, in
coordination with the Department of Defense, may downgrade or upgrade the
classification level of FRD information.
4. RECLASSIFICATION. Information once classified as FRD but declassified cannot be
reclassified.
5. NOTIFICATION. Derivative Classifiers and Derivative Declassifiers are notified when
information is classified, declassified, downgraded, or upgraded through the issuance of
classification guidance.
DOE M 475.1-1B Chapter III, Part C
8-28-07 III-C1
PART C—NATIONAL SECURITY INFORMATION
1. ORIGINAL CLASSIFICATION. Under E.O. 12958, as amended, an Original Classifier
may make the initial determination that certain information requires protection against
unauthorized disclosure in the interest of the national security.
a. Authority. An Original Classifier may originally classify NSI within his or her
programmatic jurisdiction at any classification level (Top Secret, Secret,
Confidential) up to and including the level of the Original Classifier’s authority
whenever classification guidance does not exist. The Director, Office of
Classification, may originally classify NSI within any subject area under DOE’s
cognizance (for NNSA information, with the concurrence of the Associate
Administrator for Defense Nuclear Security).
b. Limitations on Authority. An Original Classifier may not
(1) originally classify as NSI any information that was once classified as RD
or FRD,
(2) originally classify information if classification guidance indicates the
information is unclassified, or
(3) declassify information.
c. Original Classification Standards. Information may be originally classified as
NSI only if all of the following conditions are met:
(1) An Original Classifier is classifying the information.
(2) The information is owned by, produced by or for, or is under the control of
the United States Government.
(3) The information falls within one or more of the classifiable areas of
information listed in paragraph 1d below and is not already addressed in
classification guidance.
(4) The Original Classifier determines that the unauthorized disclosure of the
information reasonably could be expected to result in damage to the
national security, which includes defense against transnational terrorism,
and the Original Classifier is able to identify or describe the damage.
d. Classifiable Areas. Information may be considered for classification if it
concerns:
(1) military plans, weapons systems, or operations;
(2) foreign government information;
Section 30
Chapter III, Part C DOE M 475.1-1B
III-C2 8-28-07
(3) intelligence activities (including special activities), intelligence sources or
methods, or cryptology;
(4) foreign relations or foreign activities of the United States, including
confidential sources;
(5) scientific, technological, or economic matters relating to the national
security, which includes defense against transnational terrorism;
(6) United States Government programs for safeguarding nuclear materials or
facilities;
(7) vulnerabilities or capabilities of systems, installations, infrastructures,
projects, plans, or protection services relating to the national security,
which includes defense against transnational terrorism; or
(8) weapons of mass destruction. (NOTE: Does not include information
concerning nuclear programs that is classified as RD or FRD.)
e. Classification Level Assignment. An Original Classifier must assign a
classification level that reflects the sensitivity of the information to the national
security. The classification level assigned to the information is proportional to the
risk to the national security by unauthorized disclosure (see chapter II,
paragraph 2).
f. Duration of Classification. At the time of original classification, the Original
Classifier must determine a specific date or event for declassification based on the
national security sensitivity of the information that is less than 25 years from the
date of the original decision.
g. Extending the Duration of Classification. For information initially marked for
declassification at less than 25 years (e.g., the Original Classifier determined that
the duration of classification was 12 years), an Original Classifier with
cognizance over the information may extend the duration of classification of such
information up to 25 years from the date of the initial determination. The
Original Classifier must notify the Office of Classification of such an extension.
h. Required Markings. The Original Classifier must ensure that the following
information is provided for the document or material containing the information
being originally classified (see DOE M 470.4-4, Information Security, for
complete information on marking requirements):
(1) overall classification level of the document;
(2) overall document classification level or the classification level of each
interior page of the document;
DOE M 475.1-1B Chapter III, Part C
8-28-07 III-C3
(3) classification level of the subject or title of the document, including “U” if
unclassified;
(4) portion marking of each section, part, paragraph, graphic, figure, or
similar portion;
(5) name or personal identifier and position title of the Original Classifier on
the “Classified By” line; If not otherwise evident, include the Agency and
office of origin of the Original Classifier;
(6) the appropriate NSI classification category on the “Reason” line; and
(7) duration of classification on the “Declassify On” line
(a) date or event—a specific date or event up to 25 years from the date
of the original decision or
(b) extension of classification—if an Original Classifier is extending the
duration of classification, the “Declassify On” line must be revised
to show the new declassification date (up to 25 years from the
original determination), the identity of the person authorizing the
extension, and the date of the extension action.
i. Reporting Original Determinations. An Original Classifier must report each
Section 31
original classification determination within 10 working days of the determination
to the Director, Office of Classification (for NNSA information, through the
Associate Administrator for Defense Nuclear Security) for review and possible
incorporation into classification guidance. The report must describe the
information being originally classified, identify the reason for classification,
indicate the level and duration of classification, and identify the document, if any,
containing the originally classified information. The originator of the report must
review the report itself for classification; if the report is not classified or otherwise
controlled, it must be marked “Official Use Only,” citing exemptions 2,
Circumvention of Statute, and 5, Privileged Information.
2. DECLASSIFICATION.
a. Authority. The Director, Office of Classification, may declassify NSI in any
subject area under DOE’s cognizance (for NNSA information, with the
concurrence of the Associate Administrator for Defense Nuclear Security). This
authority may not be delegated, but is assumed by an individual acting in that
position.
b. Declassification Criteria. NSI must be declassified when it no longer meets the
standards for classification (see paragraph 1c of this part).
Chapter III, Part C DOE M 475.1-1B
III-C4 8-28-07
c. Unauthorized Disclosure. Information classified as NSI is not automatically
declassified because of any unauthorized disclosure of identical or similar
information.
d. Declassification Proposals. The Director, Office of Classification, considers
proposals for declassifying NSI and makes the final determination (for NNSA
information, with the concurrence of the Associate Administrator for Defense
Nuclear Security). He or she notifies the person making the proposal of its
disposition within 1 month after the final determination on the proposal is made.
3. DOWNGRADING OR UPGRADING. The Director, Office of Classification, may
downgrade or upgrade the classification level of NSI under DOE’s cognizance (for
NNSA information, with the concurrence of the Associate Administrator for Defense
Nuclear Security).
4. RECLASSIFICATION.
a. After Declassification by Proper Authority and Release to the Public. The
Secretary or Deputy Secretary may reclassify NSI that has been declassified and
released to the public under proper authority only after determining that—
(1) reclassification of the information is necessary in the interest of the
national security and
(2) the information may be reasonably recovered.
Such action must be reported in writing within 30 calendar days to the Director,
Information Security Oversight Office.
b. After Declassification by Proper Authority without Release to the Public. NSI
that has been formally declassified by proper authority without public release may
be reclassified only by the Director, Office of Classification (or for NNSA
information, with the concurrence of the Associate Administrator for Defense
Nuclear Security).
5. NOTIFICATION. Derivative Classifiers and Derivative Declassifiers are notified when
information is classified, declassified, downgraded, or upgraded through the issuance of
classification guidance.
DOE M 475.1-1B Chapter IV
8-28-07 IV-1
CHAPTER IV
CLASSIFICATION GUIDANCE
1. GENERAL.
a. Purpose. Classification guidance contains detailed, explicit instructions for
Section 32
determining whether specific information concerning a subject or program area or
a specific facility or activity is classified. Such guidance primarily covers DOE
information but may also cover information for which other Government
Agencies or foreign countries are responsible.
b. Content. At a minimum, classification guidance must—
(1) identify the subject matter covered by the guidance;
(2) identify the issuing organization;
(3) identify any guidance that is canceled or superseded by the issuance of
new or revised guidance;
(4) identify the approving official by name and position and the date of
issuance;
(5) specify who may use the guidance;
(6) identify a point of contact for questions concerning the classification
guidance;
(7) identify elements of information that are classified or unclassified in the
subject area and prescribe the classification level and category for those
elements that are classified;
(8) for information classified as NSI, identify the following additional items—
(a) state the reason for classification by citing the applicable
classifiable area or areas (see chapter III, part C, paragraph 1d) and
(b) prescribe the schedule for declassification:
1 if not exempt from declassification after 25 years, identify a
date, duration, or event for declassification that does not
exceed 25 years or
2 if exempt from declassification after 25 years (as specified
in the Historical Records Declassification Guide or
classification guidance topics based on this guide), identify
the appropriate exemption category or categories and the
Chapter IV DOE M 475.1-1B
IV-2 8-28-07
date, duration, or event beyond 25 years when the
information is declassified.
(9) identify any special handling caveats that apply to information covered by
a topic.
c. Issuing Organization. The issuing organization is responsible for developing and
revising guidance it issues and for ensuring that such guidance remains current.
d. Approval of Guidance. The Director, Office of Classification, approves all
guidance (for NNSA information, with the concurrence of the Associate
Administrator for Defense Nuclear Security). For guidance for a special
access program (SAP), the Director, Office of Classification, may delegate
approval authority to someone who is knowledgeable about the classified
aspects of the information covered under the SAP and is authorized access to
such information. If there are any questions concerning approval of guidance
for a specific SAP, contact the Office of Classification within the SAP
channel.
e. Basis. Guidance is based on classification and declassification determinations or
other guidance. These determinations are made by the Director, Office of
Classification, and the Deputy Chief for Operations, Office of Health, Safety and
Security, for RD and FRD and by an Original Classifier for NSI.
f. Users. Derivative Classifiers and Derivative Declassifiers use guidance as the
basis for derivative determinations. A Classification Officer may prepare detailed
guidance tailored to the needs of the Classification Officer’s organization.
g. Cancellation of Guidance. Guidance may be canceled only by the Director,
Office of Classification (for NNSA information, with the concurrence of the
Associate Administrator for Defense Nuclear Security). If the issuing
organization desires to cancel a guide because it is no longer needed by the
issuing organization, but the Office of Classification determines that the guide has
Section 33
continuing value for DOE, then the responsibility for ensuring the guide remains
current transfers from the issuing organization to the Office of Classification.
h. Copies of Guidance. Within 30 calendar days of notification of approval, the
issuing organization must provide the Office of Classification with a file
containing the approved guidance in any of the following data formats: Word or
eXtensible markup language (XML). (Note: Guidance with strict access
limitations (e.g., guidance for a SAP) is exempt from this requirement.)
2. GUIDANCE ISSUES.
a. Inconsistent Guidance. The following inconsistencies in guidance may exist.
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(1) Information may appear to be described equally well by more than one
topic and uncertainty exists about which topic applies.
(2) Different guides may specify different classifications for the same
information since it is difficult to revise all guidance simultaneously to
reflect declassification actions.
If such inconsistencies are encountered, the Derivative Classifier must consult
with his or her Classification Officer or Headquarters Classification
Representative. If neither is able to be of assistance, the Classification Officer or
Headquarters Classification Representative must contact the Office of
Classification for a determination. Pending this determination, the document or
material containing the information must be protected at the highest level and
category specified by the inconsistent topics.
b. No Guidance. If a Derivative Classifier cannot determine the proper classification
of information using classification guidance approved for his or her use, then the
Derivative Classifier must consult with his or her Classification Officer or
Headquarters Classification Representative. If the Classification Officer or
Headquarters Classification Representative is unable to provide assistance, then
the Classification Officer or Headquarters Classification Representative must
refer the issue to the Office of Classification for a determination. Pending this
determination, the document or material containing the information must be
protected at the highest potential classification level and category of information
that is likely to be contained in the document or material.
c. Determination. The Office of Classification must make a classification
determination within 30 calendar days of receipt of the inquiry.
3. CATEGORIES OF CANCELED GUIDANCE. Canceled guidance may not be used by
Derivative Classifiers or Derivative Declassifiers to determine that information is
classified. The Office of Classification determines the category into which the canceled
guidance falls.
a. Confirmation Guidance may not be used to make classification determinations,
but may be used by Derivative Classifiers and Derivative Declassifiers to confirm
that information is unclassified. Confirmation guidance is listed in the Index of
Classification Guidance and included in the Classification Guidance System
(CGS), as appropriate.
b. Historical Guidance may be used only for historical reference purposes and may
not be used by Derivative Classifiers or Derivative Declassifiers to determine that
information is classified or unclassified.
Chapter IV DOE M 475.1-1B
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4. RELATED POLICIES AND PROCEDURES.
a. Record of Guidance. Each Classification Officer must maintain or have access
to—
(1) a record of guidance that he or she issues and
Section 34
(2) a list of guidance needed for work on each contract for which a DOE
F 470.1 is completed.
b. Review and Revision of Guidance.
(1) Changes in Policies or Other Guidance. When changes in classification
policy or other guidance are received, each Classification Officer must
evaluate whether guidance that he or she issues must be revised. If so,
such guidance must be revised and submitted for approval within
180 calendar days of receiving the change.
(2) Periodic Review of Classification Guidance. At least once every 5 years,
each Classification Officer must conduct a cover-to-cover review of the
guidance issued by his or her organization (regardless of whether any
revisions or page changes have been made to the guidance) to ensure it is
up to date. (NOTE: This review requirement does not apply to canceled
guidance.) If the review confirms the guidance is current, the reviewer
must annotate the record copy of the guidance with the results of the
review and the date it was performed. If the guidance is not current, the
Classification Officer must revise the guidance and submit it for approval
within 180 calendar days of completing the review, but no later than
180 days after the fifth anniversary of the previous review.
c. Extracts from Guidance. If work being performed by a Federal organization or
contractor is covered only by specific topics or sections in a classification guide,
the Classification Officer may extract those pertinent topics or sections from the
guidance and provide them by memorandum to the Federal organization or
contractor. However, any classification determination based on such an extract
must cite the classification guide from which the extract was taken and not the
memorandum providing them to the contractor. Such extracts must be included
on the record of guidance required in paragraph 4a and must be kept up to date as
required in this chapter.
d. Distribution of Guidance. Each Classification Officer must distribute new or
revised guidance to appropriate Derivative Classifiers and Derivative
Declassifiers within 30 calendar days of receiving it. However, if the new or
revised guidance announces an upgrade or reclassification, then the Classification
Officer must disseminate the guidance to appropriate Derivative Classifiers and
Derivative Declassifiers as soon as possible.
DOE M 475.1-1B Chapter IV
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e. Updating Guidance. Derivative Classifiers and Derivative Declassifiers receiving
new or revised guidance have 30 calendar days from receipt of such guidance to
destroy superseded guidance (or return it to the Classification Officer for
destruction) or to make the page or pen-and-ink changes in guidance that has
changed, as appropriate. (NOTE: Only Classification Offices may retain copies
of superseded guidance for reference purposes, but the copy must be labeled on
the front of the guidance or otherwise identified as superseded.)
f. Classification Guidance for Special Access Programs. The program office in
charge of a SAP ensures that classification guidance is developed for information
covered under the SAP. Such guidance is approved by the Director, Office of
Classification (for NNSA information, with the concurrence of the Associate
Administrator for Defense Nuclear Security), but he or she may delegate this
authority to someone who is knowledgeable about the classified aspects of the
information covered under the SAP and is authorized access to such information.
Section 35
g. Completion of DOE F 470.1, “Contract Security Classification Specification,”
Concerning Classification Guidance for DOE-Funded Work. DOE F 470.1 is
completed for contracts performing work that requires access to classified
information.
(1) Classification Guidance Determination. Any contract allowing access to
classified information may generate classified documents or material
intentionally or inadvertently. The procurement request originator must
ensure that the box for DEAR 952.204-70 in block 14 is always checked
and must determine whether classification guidance is needed.
(a) Classification Guidance Needed. If classification guidance is
needed, the procurement request originator ensures that block 13
either lists the specific guidance needed or states:
List of guidance needed for work under this
contract is maintained by the Classification
Officer/Headquarters Classification Representative
identified in block 18 below.
(b) Classification Guidance Not Needed. If classification guidance is
not needed, the procurement request originator must reasonably
explain in block 13 why it is not needed. For example:
All written material will be reviewed by a Federal
Derivative Classifier;
or
The contract will only generate written material
consisting of routine administrative documents
(such as time cards) that are extremely unlikely to
contain classified information.
Chapter IV DOE M 475.1-1B
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(2) Certification. A Classification Officer or Headquarters Classification
Representative certifies that block 13 is completed correctly and that the
box for DEAR 952.204-70 in block 14 is checked by signing block 18 of
DOE Form 470.1. A Classification Officer or Headquarters Classification
Representative may delegate this authority in writing to someone who is
knowledgeable about the classified aspects of the work to be performed.
h. Classification Guidance for Non-DOE-Funded Work in Classified Subject Areas.
Non-DOE-funded work that may require access to classified information is
conducted under DOE O 481.1C, Work for Others (Non Department of Energy-
Funded Work, dated 1-24-05), and this Manual.
(1) Certification of Classification Guidance. Prior to commencement of the
work, the Classification Officer must review the work request and
proposed classification guidance and certify in writing that the guidance
does not contradict DOE classification guidance. NOTE: This
certification may be done by signing block 18 of DOE F 470.1 if this form
is used locally for non-DOE-funded work. The Classification Officer may
delegate the authority in writing to review and certify such classification
guidance to someone who is knowledgeable about the classified aspects of
the work to be performed (and if the guidance concerns a SAP, such an
individual must also be authorized access to the SAP). If the guidance is
revised during the period of performance, the Classification Officer or his
or her delegate must certify that the revisions do not contradict DOE
classification guidance.
(2) Access to Guidance. The Classification Officer or his or her delegate
must have access to a copy of the guidance and its revisions until the work
is completed.
(3) Contradictory Guidance. If the proposed classification guidance
contradicts DOE classification guidance, the funding organization must be
notified of the need to resolve the contradictions. If the contradictions
Section 36
cannot be resolved, then the Classification Officer must forward the
guidance with a description of the problems to the Office of Classification
(for NNSA organizations, through the Associate Administrator for
Defense Nuclear Security) for final resolution.
(4) Use of DOE Guidance. DOE classification guidance concerning RD/FRD
may be used if the work involves RD/FRD. DOE classification guidance
concerning NSI may be used if the work explicitly falls within the scope
of such guidance and the funding Agency agrees in writing.
i. Classification Guidance for Jointly Funded Work. Classification guidance for
work performed at DOE facilities and funded by DOE and another U.S.
Government organization is the joint responsibility of the funding organizations.
The DOE organization responsible for funding the classified work must contact
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the Office of Classification, through the Associate Administrator for Defense
Nuclear Security if within NNSA, to ensure that appropriate joint classification
guidance is either available or developed.
j. Classification Guidance for DOE-Funded Work at Other Government Facilities.
The DOE organization responsible for funding classified work at other
Government facilities must contact the Office of Classification, through the
Associate Administrator for Defense Nuclear Security if within NNSA, to ensure
that classification guidance covering the work is either available or developed.
DOE M 475.1-1B Chapter V, Part A
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CHAPTER V
CLASSIFYING AND DECLASSIFYING DOCUMENTS AND MATERIAL
PART A—CLASSIFICATION
1. DERIVATIVE CLASSIFICATION. A determination based on classification guidance or
source documents that a document or material contains classified information.
a. Authority. A Derivative Classifier may derivatively classify a new or existing
document or material as authorized by his or her description of authority.
b. Basis for Determination.
(1) Restricted Data/Formerly Restricted Data. The Derivative Classifier bases
his or her determination that information is classified as RD or FRD on
guidance authorized for his or her use. If guidance is inconsistent or does
not exist, the Derivative Classifier should refer to Chapter IV, paragraph 2.
(2) National Security Information. The Derivative Classifier bases his or her
determination that information is classified as NSI on guidance authorized
for his or her use. If no guidance exists, the Derivative Classifier should
refer to chapter IV, paragraph 2b, of this Manual. The only time a
portion-marked source document may be used is if the information in the
document being classified is substantively the same as information in the
source document; the information is entirely under the purview of another
Government Agency, foreign government, or international organization;
and no joint classification guidance exists. However, the document cannot
be used as a source document if it has a date or event for declassification
that has passed or if the document is older than 25 years.
2. CLASSIFICATION REVIEW OF A NEW DOCUMENT OR MATERIAL.
a. Current Employee Authorized Access to Classified Information. Upon creation
of a new document (in hard copy or electronic format) or material in a classified
subject area, the employee must ensure it is protected at the highest potential
classification level and category of information that is likely to be contained in the
Section 37
document or material until a review is obtained by the appropriate official. The
document or material must be reviewed, if required, prior to its being finalized,
released by the employee outside of the activity (e.g., ad hoc working group) or
office, or filed. Regardless, the document or material must be reviewed no later
than 180 days after its creation.
(1) Not Intended for Public Release. A Derivative Classifier must review the
document or material unless the employee is confident that the document
or material does not contain any classified information based on the
employee’s knowledge about the classified aspects of the subject area
Chapter V, Part A DOE M 475.1-1B
V-A2 8-28-07
and/or because the employee has previously had documents or material
containing similar information reviewed and determined to be unclassified
by a Derivative Classifier.
(2) Intended for Public Release. The Classification Officer must review the
document or material. The Classification Officer may delegate this review
responsibility in writing to specified Derivative Classifiers who are
authorized to classify in the subject areas addressed in the document or
material.
(3) Presentations in a Classified Subject Area.
(a) Prepared Text.
1 Classified Setting. A Derivative Classifier must review
prepared text for a presentation in a classified subject area
to be given in a classified setting (i.e., room is approved for
the discussion of classified information and all individuals
in the room are authorized access to classified information)
unless the employee who prepared the text is confident that
the presentation does not contain any classified information
based on the employee’s knowledge about the classified
aspects of the subject area and/or because the employee has
previously had presentations containing similar information
reviewed and determined to be unclassified by a Derivative
Classifier.
2 Unclassified Setting. The Classification Officer must
review prepared text for a presentation in a classified
subject area to be given in an unclassified setting (i.e.,
regardless of the room, the status of authorized access to
classified information by individuals in the room is not
known). The Classification Officer may delegate this
review responsibility in writing to specified Derivative
Classifiers who are authorized to classify in the subject
areas addressed in such presentations.
(b) No Prepared Text. If the employee does not have prepared text or
if extemporaneous remarks are likely, a Derivative Classifier (if in
a classified setting) or the Classification Officer (if in an
unclassified setting) must brief the employee on classification
guidance pertinent to the subject matter, including related topics
and associations the employee should avoid because they may be
classified, and must remind him or her about DOE’s “no
comment” policy. Such a briefing is not required if the employee
is confident that the presentation or remarks do not contain any
classified information based on the employee’s knowledge about
DOE M 475.1-1B Chapter V, Part A
8-28-07 V-A3
the classified aspects of the subject area and/or because the
employee has previously had similar information reviewed and
determined to be unclassified by a Derivative Classifier or
Classification Officer. The Classification Officer may delegate
this briefing responsibility in writing to specified Derivative
Section 38
Classifiers who are authorized to classify in the subject areas being
discussed.
b. Current Employee Who No Longer Is Authorized Access to Classified
Information. If a current employee who no longer is authorized access to
classified information creates a new document or material in a classified subject
area, regardless of whether the document is for internal or public release, the
employee must obtain a review of the document or material by a Derivative
Classifier. If the Derivative Classifier determines that the document or material
contains classified information, then the Derivative Classifier must forward the
document or material to the Classification Officer without informing the
employee of this referral. The Classification Officer determines how to handle
the situation since the employee cannot be told that the document or material is
classified since he or she is no longer authorized access to classified information.
The Classification Officer may delegate this review responsibility in writing to
specified Derivative Classifiers who are authorized to classify in the subject areas
addressed in the document or material.
3. CLASSIFICATION REVIEW OF AN EXISTING UNCLASSIFIED DOCUMENT OR
MATERIAL.
a. Review Requirement. If an employee possesses an existing unclassified
document or material that he or she believes may contain classified information,
the employee must ensure it is protected at the highest potential classification
level and category of information that is likely to be contained in the document or
material until it is reviewed. A Derivative Classifier must review such a
document or material to determine whether to classify the document or material.
If the document or material does contain classified information, then the
Derivative Classifier must refer the document or material to the Classification
Officer because such a document or material was either not reviewed or
erroneously reviewed when created. If the employee no longer is authorized
access to classified information, then the Derivative Classifier must not inform the
employee of this referral. The Classification Officer should be aware of such
documents or material so as to be able to correct errors in the review process. The
Classification Officer may delegate this review responsibility in writing to
specified Derivative Classifiers who are authorized to classify in the subject areas
addressed in the document or material.
b. Marking. If the document does contain classified information, then the individual
conducting the review marks or authorizes the marking of the document or
material as described in paragraph 6, below.
Chapter V, Part A DOE M 475.1-1B
V-A4 8-28-07
c. Notification. If the document does contain classified information, this is
considered an upgrade. Refer to Part C of this Chapter for notification
requirements.
4. REVIEW OF NEW OR EXISTING DOCUMENTS SUBMITTED BY INDIVIDUALS
NOT EMPLOYED BY DOE OR NNSA.
a. Authorized Access to Classified Information. The Classification Officer performs
a classification review of a new or existing document or material concerning a
classified subject area that is submitted by an individual who was never employed
by DOE but has authorized access to classified information. The Classification
Officer may delegate this review responsibility in writing to specified Derivative
Classifiers who are authorized to classify in the subject areas addressed in such
Section 39
documents or material.
b. Not Authorized Access to Classified Information. The Office of Classification
performs a classification review of a new or existing document or material
concerning a classified subject area that is submitted by an individual who was
never employed by DOE or NNSA and who is not authorized access to classified
information.
5. REVISION OF DOCUMENT PREVIOUSLY REVIEWED FOR CLASSIFICATION.
If the technical or programmatic content of a document or material that has already
received a classification review is revised, the author of the revision must obtain another
classification review from the appropriate official.
6. COMPLETION OF CLASSIFIER MARKINGS. A Derivative Classifier provides the
following information for a document or material being derivatively classified (see DOE
M 470.4-4, Information Security, for complete information on classification and security
marking requirements):
a. Restricted Data/Formerly Restricted Data.
(1) Highest classification level and category of the information contained in
the document or material.
(2) Overall document classification level and category or the classification
level and category of each interior page of the document.
(3) Classification level and category of the subject or title of the document,
including “U” if unclassified.
(4) Name or personal identifier and position title of the Derivative Classifier
for the “Classified By” line. If not otherwise evident, include the Agency
and organization of the Derivative Classifier.
(5) For the “Derived From” line:
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(a) For DOE-approved guidance, the short title, issuance date of the
guide, and “DOE OC” (e.g., CG-SS-4, 9/2000, DOE OC).
(b) For other-Agency guidance, the short title, issuance date of the
guide, Agency, and, where available, the office issuing the
classification guidance (e.g., CG No.1, 7/5/2005, Dept of Good
Works, Office of Administration).
(c) If more than one guide was used to classify the document, enter the
words “Multiple Sources” on this line and include a list identifying
each guide with the record copy of the document.
b. National Security Information.
(1) Highest classification level of the information contained in the document
or material.
(2) Overall document classification level or the classification level of each
interior page of the document.
(3) Classification level of the subject or title of the document, including “U” if
unclassified.
(4) Portion marking of each section, part, paragraph, graphic, figure, or
similar portion. (NOTE: Documents containing only NSI must be portion
marked.)
(5) Name or personal identifier and position title of the Derivative Classifier
for the “Classified By” line. If not otherwise evident, include the Agency
and organization of the Derivative Classifier.
(6) For the “Derived From” line:
(a) For DOE-approved guidance, the short title, issuance date of the
guide, and “DOE OC” (e.g., CG-SS-4, 9/2000, DOE OC).
(b) For other-Agency guidance, the short title, issuance date of the
guide, Agency, and, where available, the office issuing the
classification guidance (e.g., CG No.1, 7/5/2005, Dept of Good
Works, Office of Administration).
(c) If more than one guide was used to classify the document, enter the
words “Multiple Sources” on this line and include a list identifying
each guide with the record copy of the document.
(7) Duration of classification derived from the guidance or source documents
Section 40
for the “Declassify On” line. If multiple topics or source documents are
used, the longest duration is indicated.
Chapter V, Part A DOE M 475.1-1B
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(a) For information that is not exempt from declassification after
25 years, indicate the specific date (mm/dd/yy) or event for
declassification.
(b) For information that is exempt from declassification after 25 years,
include the notation “25X” followed by the number of the
appropriate exemption category or categories from the
classification guidance and the date or event when the information
will be declassified.
(8) The following special control marking:
c. Mixed Document. A mixed document contains both RD/FRD and NSI.
(1) Highest classification level and category of the information contained in
the document or material.
(2) Overall document classification level and category or the classification
level and category of each interior page of the document.
(3) Classification level and category of the subject or title of the document,
including “U” if unclassified.
(4) Name or personal identifier and position title of the Derivative Classifier
for the “Classified By” line. If not otherwise evident, include the Agency
and organization of the Derivative Classifier.
(5) For the “Derived From” line:
(a) For DOE-approved guidance, the short title, issuance date of the
guide, and “DOE OC” (e.g., CG-SS-4, 9/2000, DOE OC).
(b) For other-Agency guidance, the short title, issuance date of the
guide, Agency, and, where available, the office issuing the
classification guidance (e.g., CG No.1, 7/5/2005, Dept of Good
Works, Office of Administration).
(c) If more than one guide was used to classify the document, enter the
words “Multiple Sources” on this line and include a list identifying
each guide with the record copy of the document.
Derivative Declassifier
review required prior to
declassification
DOE M 475.1-1B Chapter V, Part A
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(6) If the mix of information in the document causes the document to be
marked at an overall level and category higher than the protection level
required for any of the individual portions, the marking matrix described
in DOE M 470.4-4, Information Security, may be used in addition to the
other required markings.
d. Other Miscellaneous Requirements for NSI Documents.
(1) Source Document Marked “OADR.” If a source document used to
derivatively classify a document contains the declassification instruction
“Originating Agency’s Determination Required” or “OADR,” the
“Declassify On” line must state that the source document contained this
instruction and include the date of the source document (e.g., “Declassify
On: Source Marked ‘OADR,’ Date of source: 10/20/90”).
(2) Source Document Marked with Exemption Markings X1 through X8. If a
source document used to derivatively classify a document contains the
exemption markings X1 through X8, the “Declassify On” line must state
that the source document was marked with this instruction and include the
date of the source document (e.g., “Declassify On: Source Marked ‘X1,’
Date of source: 10/20/90”). (Reminder: A portion-marked source
document may be used only if the information extracted from such a
document is entirely under the purview of another Government Agency,
foreign government, or international organization and no joint guidance
exists.)
(3) Extension of Classification. To extend the classification of a document
Section 41
whose declassification date or event has not passed, the “Declassify On”
line must be revised to show the new classification duration, the
“Classified By” line must identify the Derivative Classifier making the
determination if different from the Derivative Classifier who made the
first determination and the date of the action, and the “Derived From” line
must identify the classification guide or source document authorizing the
extension if different from the one used to initially classify the document.
7. PORTION MARKING REQUIREMENTS AND RESTRICTIONS.
a. Restricted Data/Formerly Restricted Data Documents. Documents containing RD
or FRD information should not be portion marked. (NOTE: Portion marking an
RD or FRD document is strongly discouraged in order to reduce the likelihood
that such documents would be used as a source document.)
b. National Security Information Documents. Documents containing only NSI must
be portion marked as required by DOE M 470.4-4.
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c. Mixed Documents. Documents containing both RD/FRD and NSI should not be
portion marked.
d. Documents Prepared under Work-for-Others Contracts. When specified in the
contract, documents prepared under a Work-for-Others contract must follow the
portion marking rules of the funding organization. If not specified in the contract,
then the portion marking rules specified above apply.
8. RELATED POLICIES AND PROCEDURES .
a. Foreign Government Information. For complete information on marking
documents containing foreign government information, refer to DOE M 470.4-4,
Information Security.
(1) Document Generated by a Foreign Government. A review by a Derivative
Classifier is not required to apply a U.S. classification level (i.e., Top
Secret, Secret, Confidential, or Confidential/Foreign Government
Information-Modified Handling Authorized) that provides at least an
equivalent level of protection to a document or material classified by a
foreign government (see DOE M 470.4-4, Table II-2, for a listing of
foreign markings and their U.S. equivalent markings). However, if the
person in possession of the document is unsure about the appropriate U.S.
classification level, then he or she should consult a Derivative Classifier.
(2) Document Generated by the United States. A Derivative Classifier must
review any document generated by the U.S. Government containing
foreign government information to determine whether the document may
also contain U.S. classified information.
b. Classification Based on Association or Compilation. In general, information is
classified regardless of its context. However, in the cases of association and
compilation, information is classified because of its context; e.g., its occurrence
with other information in the document.
(1) Classification Based on Association. Classification by association
concerns—
(a) two or more different, unclassified facts that when combined in a
specific way result in a classified statement or
(b) two or more different, classified facts that when combined in a
specific way result in a higher classification level.
For example, these facts may be in the same sentence, paragraph, chapter,
or document. Regardless, associations are classified based on existing
DOE M 475.1-1B Chapter V, Part A
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classification guide topics. Therefore, a Derivative Classifier may classify
a document within his or her authorized subject areas because of the
Section 42
association. The document is marked at the level and category (if RD or
FRD) of the information revealed by the association unless information
that is classified at a higher level or category is also contained elsewhere
in the document. If the document is portion marked, then each portion of
the associated information must be marked at the level and category (if
RD or FRD) of the association.
(2) Classification Based on Compilation. Classification by compilation
occurs at the document level when—
(a) a large number of often similar, unclassified pieces of information
whose selection, arrangement, or completeness in the document
adds sufficient value to merit classification or
(b) a large number of often similar, classified pieces of information
whose selection, arrangement, or completeness in the document
adds sufficient value to merit classifying the document at a higher
classification level.
Classification by compilation is rarely based on a guide topic. Therefore,
if no guide topic exists, then only the Director, Office of Classification,
may determine that such a document is classified as RD or FRD based on
compilation. For NSI, only an Original Classifier may make the
determination. If a guide topic addressing the information revealed in the
compilation does exist, a Derivative Classifier may make the
determination within his or her authorized subject areas. A document that
is classified based on compilation is never portion marked and must
contain the following statement:
This document has been classified under the compilation
concept and must not be used as the source for a derivative
classification decision.
c. Review of Patent Applications and Reports. Section 151 of the Atomic Energy
Act states that no patent may be granted for any invention or discovery that is
useful solely in the utilization of special nuclear material or nuclear energy in a
nuclear weapon. Also, any person making such an invention or discovery who
does not file a patent application must file a report with DOE that describes the
invention or discovery.
(1) Patent Application.
(a) Initial Review of Patent Application. The Office of Classification
reviews each patent application submitted to the U.S. Patent
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V-A10 8-28-07
Office concerning an invention or discovery covered by section
151 of the Atomic Energy Act to determine whether to impose a
secrecy order under the Invention Secrecy Act of 1951. (NOTE:
Imposition of a secrecy order does not in and of itself classify the
application, but places controls on its publication or disclosure. A
secrecy order is applied when a patent application contains
classified or unclassified controlled information.)
(b) Appeal of Secrecy Order Determination. If the person filing the
patent application disputes the imposition of a secrecy order, the
Deputy Chief of Operations, Office of Health, Safety and Security,
must review the application and determine whether the secrecy
order was properly applied.
(c) Annual Review of Secrecy Order. On or before the anniversary
date of imposing a secrecy order on a patent application, the Office
of Classification must confirm that it is still properly applied.
(2) Report of Invention or Discovery. The Office of Classification must
review each report filed with DOE under section 151 of the Atomic
Energy Act to consider whether the information should be controlled as
Section 43
RD by the Secretary of Energy under 10 CFR 1045.21.
d. Review of Document to be Provided to Congress. The originator or possessor of
a document concerning a classified subject area that is to be provided to Congress
as an unclassified document (e.g., transcript, testimony, budget submission, etc.)
must submit the document to the Office of Classification for a classification
review.
e. Classification of an Unmarked Document Following a Request. The public may
request documents concerning a classified subject area under a statute, Executive
order, or regulation. Such documents may contain classified information, even
though they are not so marked. If a review by the Classification Officer reveals
that an unmarked document contains classified information, the Classification
Officer must refer the document to the Office of Classification.
f. Classification Review Process for Electronic Database Reports and Standard
Forms. A Classification Officer may review the fields to be included in an
electronic database or the elements to be included on a form and determine that
when the fields or elements are completed, the data base or form is classified or
unclassified. The Classification Officer may make that determination once,
document it, and then printed reports from the database and completed forms will
use that determination as the basis for their classification. However, if any fields
or elements are revised or new fields or elements are added, a new classification
review is required.
DOE M 475.1-1B Chapter V, Part A
8-28-07 V-A11 (and V-A12)
g. Extracted Version of Document. If a portion of an existing classified document
(e.g., a chapter or appendix) is extracted for use as a new document, then the
document must be clearly identified as an extract and must be reviewed by a
Derivative Classifier. If the extract is intended to be unclassified, then an
additional review by a Derivative Declassifier is required. If the portion is
extracted for inclusion in a new document, the new document must be reviewed
by a Derivative Classifier.
h. Review upon Termination of Employment. A DOE or NNSA employee who
retires or otherwise terminates employment may wish to take unclassified
correspondence, personal records, diaries, or other documents with him or her. If
such records concern a classified subject area and have not already been reviewed
and determined to be unclassified, then a Derivative Classifier (other than the
individual who is retiring or terminating employment) must review all such
documents to determine whether they contain any classified information before
the departing employee removes the documents.
i. Documenting an “Unclassified” Review Determination. If desired, a Derivative
Classifier may document that a classification review resulted in an “unclassified”
determination. If so, the following or an equivalent marking is applied to the
front of the document:
9. DESIGNATED UNCLASSIFIED SUBJECT AREA (DUSA). A DUSA is a collection
of information that concerns one or more projects or programs and that has essentially no
risk of being classified.
a. Any Headquarters or field element may establish a DUSA for a program or
project under its cognizance with the approval of the Classification Officer.
b. Documents or material that contain information falling under a DUSA are not
subject to the review requirements in Chapter V, Part A, of this Manual.
Section 44
Reviewed and determined to be UNCLASSIFIED.
This review does not constitute clearance for public release.
Derivative Classifier: __________________________
(Name/personal identifier and position title)
Date: ________________
DOE M 475.1-1B Chapter V, Part B
8-28-07 V-B1
PART B—DECLASSIFICATION
1. DERIVATIVE DECLASSIFICATION. A determination based on classification
guidance that a document or material no longer contains any classified information.
a. Authority. A Derivative Declassifier may derivatively declassify a document or
material as authorized by his or her description of authority.
b. Basis for Determination. The Derivative Declassifier must base his or her
determination on classification guidance authorized for his or her use. If the
Derivative Declassifier cannot make a determination based on this guidance, he or
she should follow the procedures described in Chapter IV, paragraph 2. (NOTE:
If the document was classified based on a portion-marked source document
containing information under the purview of another Government Agency,
foreign government, or international organization, then the document under
review must be referred to the appropriate Government Agency, foreign
government, or international organization for declassification.)
2. REVIEW REQUIREMENTS FOR BRACKETING A DOCUMENT OR
DECLASSIFYING A DOCUMENT OR MATERIAL. Preparing a bracketed version of
a document (i.e., a version of the document with all classified information enclosed
within brackets) or declassifying a document or material in full requires two reviews by
individuals who are knowledgeable in the subject area. The first review may be
conducted by either a Derivative Classifier or Derivative Declassifier. The second
review must be conducted by a Derivative Declassifier (other than the first reviewer) who
must confirm that all classified information has been identified and bracketed in a
document or that the document or material to be declassified does not contain classified
information. NOTE: In the case of a bracketed document, the classified information
identified within the brackets must be removed in order to complete the document
declassification process. This removal of classified information is known as redaction.
In order to ensure that all classified information is removed from a bracketed document,
any redaction process should contain adequate quality assurance measures, such as
having a second person verify that the person redacting the classified information did so
correctly.
3. DECLASSIFICATION INSTRUCTIONS. Section 3155(a) of Public Law 104-106 states
that before a document can be released or declassified, it must be reviewed to determine
if it contains RD (and by extension, FRD) information.
a. Restricted Data/Formerly Restricted Data. Documents or material marked as
containing RD or FRD are never automatically declassified. Such documents or
material remain classified until reviewed as specified in paragraph 2 above.
Under the Atomic Energy Act, no date or event for declassification is ever applied
to RD/FRD documents or material, even if such documents or material also
contain NSI.
Chapter V, Part B DOE M 475.1-1B
V-B2 8-28-07
b. National Security Information. DOE and NNSA documents or material marked
as containing NSI are never automatically declassified because they may contain
NSI whose classification has been extended or even RD or FRD not identified
Section 45
when the document was initially classified. This is the case even if a date or
event for declassification is indicated on the front of the document. The
Information Security Oversight Office recommends that any document containing
NSI that is subject to declassification but does not contain appropriate
declassification markings be reviewed to confirm that the document or material is
no longer classified and then be appropriately marked.
(1) Marked with a Specific Date or Event for Declassification. A document
or material marked for declassification with a specific date or event that
has passed must be reviewed by a Derivative Declassifier (single review
only). If the document or material still contains classified information,
then the new date or event for declassification must be annotated on the
document or material.
(2) Not Marked with a Specific Date or Event for Declassification. Under
previous Executive orders, some documents or material containing NSI
were not marked with a date or event for declassification. Rather, various
designations were used to indicate that such documents were to be
reviewed prior to declassification (as noted in the table below).
Documents or material bearing such designations follow the
declassification procedures contained in Part B, paragraph 2, Review
Requirements for Bracketing a Document or Declassifying a Document or
Material, above. If it is determined that the document or material is still
classified, then the current declassification instructions must be annotated
on the document or material.
Executive Order Designation
E.O. 10501 Group 1
Group 2
Group 3
E.O. 11652 Exempt from General Declassification Schedule
(XGDS)
E.O. 12065 Review for Declassification on date indicated
E.O. 12356 Originating Agency’s Determination Required
(OADR)
E.O. 12958, as amended
Declassify on: Xn (where n is a number between
1 and 8)
(3) Permanent Documents that are 25 Years Old or Older. Some documents
that are 25 years old or older are considered permanent records under
records management policies and procedures that implement Title 44 of
the United States Code. Declassification of such documents is subject to
section 3.3 of E.O. 12958, as amended. Review of such documents for
DOE M 475.1-1B Chapter V, Part B
8-28-07 V-B3
declassification is conducted following the instructions in paragraphs
3b(1) and (2) above, as appropriate. While the review of such documents
for RD and FRD is based on any applicable guidance, the review of such
documents for NSI must be based solely on the Historical Records
Declassification Guide or classification guidance topics based on this
guide.
4. REQUIRED DECLASSIFIER MARKINGS OR INFORMATION. For each document
or material that is declassified, the Derivative Declassifier crosses out or authorizes the
crossing out of the classification markings and provides the following information (see
DOE M 470.4-4, Information Security, for complete information on marking
requirements):
a. The names or personal identifiers and positions or titles of individuals
declassifying the document for the “Declassified By” line.
b. For the “Derived From” line:
(1) For DOE-approved guidance, the short title, issuance date of the guide,
and “DOE OC” (e.g., CG-SS-4, 9/2000, DOE OC).
(2) For other-Agency guidance, the short title, issuance date of the guide,
Agency, and, where available, the office issuing the classification
Section 46
guidance (e.g., CG No. 1, 7/5/2005, Dept of Good Works, Office of
Administration).
(3) If more than one guide was used to declassify the document, enter the
words “Multiple Sources” on this line and include a list identifying each
guide with the record copy of the document.
c. The date of declassification for the “Declassified On” line.
5. NOTIFICATION. The Derivative Declassifier authorizing the declassification of a
document or material must notify the following individuals within 30 calendar days and
provide sufficient information for them to identify the specific document or material
being declassified:
a. the originator or custodian of the document or material, if identifiable, and
b. if the document is a scientific or technical report, the OSTI Classified Information
Program Manager.
The individuals identified in paragraphs 5a and 5b who receive a declassification
notification must notify all known holders of the document or material that the document
is being declassified.
6. CHANGING CLASSIFICATION MARKINGS BASED ON RECEIPT OF A
DECLASSIFICATION NOTICE. The person changing classification markings on a
Chapter V, Part B DOE M 475.1-1B
V-B4 8-28-07
document based on receipt of a declassification notice must include the following
information on the front of the document (see DOE M 470.4-4, Information Security, for
complete information on marking requirements):
a. The word “Declassified” on the “Classification changed to” line.
b. A brief description of the notice advising of the declassification and its date on the
“Authorized by” line.
c. The name of the person making the change and the date the change is made on the
“Changed by” line.
NOTE: Adequate quality assurance measures should be in place to ensure that the
declassification announced in the notice is done correctly. For example, a second person
verifies that the person changing the classification markings based on a notice did so
correctly.
7. REQUESTS FOR CLASSIFIED DOCUMENTS.
a. Response to Requests and Appeals for Classified Documents.
(1) Freedom of Information Act Requests.
(a) Initial Requests. A classified document requested under the
Freedom of Information Act (FOIA) is reviewed under the
provisions of 10 CFR part 1004 and this Manual. The Director,
Office of Classification, must concur on all responses involving a
request for a classified document and serves as the Denying
Official for any classified portion of such a document.
(b) Appeals of Denials. The Deputy Chief for Operations, Office of
Health, Safety and Security, makes the final appeal determination
concerning any portion of a document that was previously denied
because it was classified. The Director of Hearings and Appeals
issues the final appeal determination on behalf of DOE.
(2) Privacy Act Requests.
(a) Initial Requests. A classified document requested under the
Privacy Act is reviewed in accordance with the provisions of
10 CFR part 1008 and this Manual. The Director, Office of
Classification, must concur on all responses involving a request for
a classified document and makes the final determination
concerning the denial of any classified portion of such a document.
(b) Appeals of Denials. The Deputy Chief for Operations, Office of
Health, Safety and Security, makes the final appeal determination
concerning any portion of a document that was previously denied
DOE M 475.1-1B Chapter V, Part B
8-28-07 V-B5
Section 47
because it was classified. The Director of Hearings and Appeals
issues the final appeal determination on behalf of DOE.
(3) Mandatory Review Requests.
(a) Initial Request. Any employee who receives a mandatory review
request under 10 CFR 1045.42 or section 3.5 of E.O. 12958, as
amended, for a document containing RD/FRD or NSI must send
the request, through the Classification Officer or Headquarters
Classification Representative, to the Office of Classification.
(b) Appeal Determination for Denials.
1 Restricted Data/Formerly Restricted Data. The Deputy
Chief for Operations, Office of Health, Safety and Security,
makes the final appeal determination concerning any
portion of a document that was previously denied because
it contained RD or FRD.
2 National Security Information. The Deputy Chief for
Operations, Office of Health, Safety and Security, makes
the final appeal determination within 60 calendar days of
receiving the appeal request concerning any portion of a
document that was previously denied because it contained
NSI. If a determination is not made within 60 calendar
days, the Deputy Chief for Operations, Office of Health,
Safety and Security, must explain to the requester the
reason for the delay, provide a date when a determination is
expected to be issued, and inform the requester of his or her
right to seek further review by the Interagency Security
Classification Appeals Panel.
b. Analytical Support for Processing Appeals. The Office of Classification provides
analytical support and recommendations to assist the Deputy Chief for
Operations, Office of Health, Safety and Security, in exercising his or her appeal
authority.
8. SYSTEMATIC DECLASSIFICATION REVIEWS.
a. Restricted Data/Formerly Restricted Data. Each Classification Officer ensures
that documents containing RD/FRD are reviewed periodically and systematically
for declassification. Such reviews are based on the degree of public and
researcher interest and the likelihood of declassification upon review.
b. National Security Information. Each Classification Officer ensures that
documents containing NSI that are exempt from declassification under section 3.3
of E.O. 12958, as amended, are reviewed periodically and systematically for
Chapter V, Part B DOE M 475.1-1B
V-B6 8-28-07
declassification. Such reviews are based on the degree of public and researcher
interest and the likelihood of declassification upon review.
9. LARGE-SCALE DOCUMENT DECLASSIFICATION REVIEW PLAN.
a. Plan Requirement. Whenever a Classification Officer must review for
declassification a group of documents that exceeds 25,000 pages, he or she must
prepare a document review plan and submit it to the Office of Classification (if
within NNSA, through the Associate Administrator for Defense Nuclear
Security). Such a plan is required for any type of declassification review (e.g., in
support of litigation or an employee health-related study, FOIA request,
systematic reviews) if it exceeds 25,000 pages.
b. Contents of the Plan. The plan must:
(1) explain why the review is required;
(2) contain detailed, written procedures that describe how the technical and
administrative aspects of the review will be conducted;
(3) contain a quality assurance assessment plan with standards for remedial
action specified;
(4) summarize any exceptions or deviations from standards;
(5) provide the names and classification/declassification authorities of the
Section 48
reviewers;
(6) list the classification guidance to be used; and
(7) contain a sample of any non-standard markings to be used.
c. Approval of Plan. The Office of Classification must approve the plan before any
work is started.
10. PROCEDURES RELATED TO THE DECLASSIFICATION REVIEW OF
DOCUMENTS OR MATERIAL.
a. Public Release. Declassifying a document or material does not mean that it may
automatically be released to the public since the information in the document or
material may still be exempt from release for other reasons.
b. Coordination Reviews. Prior to declassifying a document or material containing
information under the cognizance of another DOE element, foreign country, or
other Government Agency, the document or material must be coordinated with
that other element, country, or Agency as follows:
DOE M 475.1-1B Chapter V, Part B
8-28-07 V-B7
(1) DOE-Originated Documents or Material Containing Only DOE
Information. Unless specific authority to declassify the document or
material has been delegated to the Derivative Declassifier in his or her
description of authority, he or she must either send the document or
material to the appropriate organization for review or obtain the
concurrence of that organization that the document or material can be
declassified.
(2) Documents or Material Containing Foreign Government Information. The
Office of Classification conducts all coordination required to declassify a
document or material that contains foreign government information.
(3) Documents or Material Containing Other-Agency Information. The
Office of Classification conducts any interagency coordination required to
declassify a document or material containing information under the
cognizance of another Agency when the document or material relates to
litigation or is requested under statute or Executive order. In all other
cases, the Classification Officer must conduct any interagency
coordination required to declassify a document or material containing
information under the cognizance of another Agency.
c. Documents Declassified under the Comprehensive Classification Review
Program (CCRP). A document that was declassified during the CCRP that has
not been publicly released remains classified until a Derivative Declassifier
conducts a subsequent review and confirms that the document does not contain
classified information (only a single review by a Derivative Declassifier is
required). Such documents were declassified between 1971 and 1978 and are
identified in many ways (e.g., pinholes through the document spelling
“Declassified”) and may include the following or similar markings:
If the document contains classified information, then the CCRP declassification
markings must be crossed out and the current classification markings applied. If
the document does not contain classified information, then the Derivative
Declassifier applies current declassification markings to confirm the document
has been declassified. Document custodians must be especially careful that they
do not act upon the declassification notations for documents falling between 1971
and 1978 without first obtaining a review by a Derivative Declassifier.
d. OpenNet Data Base. Each Headquarters or field element that declassifies a
document and determines that it may be released to the public must provide
CLASSIFICATION CANCELED
OR CHANGED TO ______________
BY AUTHORITY OF DOC _____
BY John Doe DATE 3/20/73 _
Section 49
Chapter V, Part B DOE M 475.1-1B
V-B8 8-28-07
identifying information and, if available, an electronic version of the document
itself to OSTI for potential inclusion on the OpenNet data base. (NOTE: This
requirement does not apply to documents declassified under sections 3.3 or 3.4 of
E.O. 12958, as amended.)
e. Obsolete Classification Markings. Documents dated prior to December 15, 1953,
and marked as “Restricted” and documents dated from July 18, 1949, through
October 22, 1951, and marked as “Official Use Only” were considered classified
documents. A single review by either a Derivative Classifier or Derivative
Declassifier is required to determine the current classification status of such
documents. Until that review is completed, the documents must be handled and
protected as Confidential NSI. If the review indicates a document is classified
based on current guidance, then the “Restricted” or “Official Use Only” markings
are crossed out and replaced with current classification markings. If the review
indicates the document is not classified, the “Restricted” or “Official Use Only”
markings are crossed out and replaced with “unclassified” along with the name of
the reviewer and the date of the determination.
f. Redacted Version of Document. The title of a redacted document must clearly
indicate that it is a redacted version. If the original document had a unique report
number, then a new number must be assigned to the redacted version.
DOE M 475.1-1B Chapter V, Part C
8-28-07 V-C1
PART C—DOWNGRADING OR UPGRADING
1. DOWNGRADING.
a. Process. A document or material is downgraded when a Derivative Declassifier
determines the document or material is classified at a classification level or
category lower than currently marked, not including unclassified. (NOTE:
Changing from classified to unclassified is called declassification, which is
covered under Part B of this chapter.) The document or material must be within a
subject area covered by the Derivative Declassifier’s authority, and the
determination must be based on guidance.
(1) Downgrading Classification Levels. Classification levels are downgraded
in the following precedence order—from Top Secret to Secret to
Confidential. NOTE: For foreign government information, an additional
downgrade from Confidential to Confidential/Foreign Government
Information-Modified Handling Authorized is possible.
(2) Downgrading Classification Categories. Classification categories are
downgraded in the following precedence order—from RD to FRD to NSI.
b. Downgrading Marking. For each document or material that is downgraded, the
Derivative Declassifier crosses out or authorizes the crossing out of the existing
classification markings and marks or authorizes the marking of the document or
material with the downgraded level (and category if RD or FRD) and provides the
following information (see DOE M 470.4-4, Information Security, for complete
information on marking requirements):
(1) The name or personal identifier and position title of the Derivative
Declassifier authorizing the downgrading for the “Downgraded By” line.
(2) Date of the downgrading for the “Downgraded On” line.
(3) For the “Derived From” line:
(a) For DOE-approved guidance, the short title, issuance date of the
guide, and “DOE OC” (e.g., CG-SS-4, 9/2000, DOE OC).
(b) For other-Agency guidance, the short title, issuance date of the
guide, Agency, and, where available, the office issuing the
Section 50
classification guidance (e.g., CG No. 1, 7/5/2005, Dept of Good
Works, Office of Administration).
(c) If more than one guide was used to declassify the document, enter
the words “Multiple Sources” on this line and include a list
identifying each guide with the record copy of the document
Chapter V, Part C DOE M 475.1-1B
V-C2 8-28-07
(4) If NSI, include the duration of classification derived from the guidance for
the “Declassify On” line.
2. UPGRADING.
a. Process. A document or material is upgraded when a Derivative Classifier
determines the document or material is classified at a classification level or
category higher than currently marked or the document or material was never
marked or was erroneously marked as unclassified. The document or material
must be in a subject area covered by the Derivative Classifier’s authority, and the
determination must be based on guidance.
(1) Upgrading Classification Levels. Classification levels are upgraded in the
following precedence order—from unclassified to Confidential to Secret
to Top Secret. NOTE: For foreign government information, additional
upgrades from unclassified to Confidential/Foreign Government
Information-Modified Handling Authorized to Confidential are possible.
(2) Upgrading Classification Categories. Classification categories are
upgraded in the following precedence order—from NSI to FRD to RD.
b. Upgrading Marking. For each classified document or material that is upgraded,
the Derivative Classifier crosses out or authorizes the crossing out of any existing
classification markings and marks or authorizes the marking of the document or
material with the upgraded level (and category if RD or FRD) and provides the
following information (see DOE M 470.4-4, Information Security, for complete
information on marking requirements):
(1) The name or personal identifier and position title of the Derivative
Classifier authorizing the upgrading for the “Upgraded By” line. If not
otherwise evident, include the Agency and organization of the Derivative
Classifier.
(2) The date of the upgrading for the “Upgraded On” line.
(3) For the “Derived From” line:
(a) For DOE-approved guidance, the short title, issuance date of the
guide, and “DOE OC” (e.g., CG-SS-4, 9/2000, DOE OC).
(b) For other-Agency guidance, the short title, issuance date of the
guide, Agency, and, where available, the office issuing the
classification guidance (e.g., CG No. 1, 7/5/2005, Dept of Good
Works, Office of Administration).
(c) If more than one guide was used to declassify the document, enter
the words “Multiple Sources” on this line and include a list
identifying each guide with the record copy of the document.
DOE M 475.1-1B Chapter V, Part C
8-28-07 V-C3 (and V-C4)
(4) If NSI, include the duration of classification derived from the guidance for
the “Declassify On” line.
3. NOTIFICATION. The Derivative Declassifier or Derivative Classifier authorizing the
downgrading or upgrading of a document or material must notify the following
individuals within 30 calendar days and provide sufficient information for them to
identify the specific document or material being downgraded or upgraded:
a. the originator or custodian of the document or material, if identifiable, and
b. if the document is a scientific or technical report, the OSTI Classified Information
Program Manager.
The individuals identified in paragraphs 3a and 3b who receive a downgrading or
Section 51
upgrading notification must notify all known holders of the document or material that the
document is being downgraded or upgraded. If the downgrading results in a change from
the RD/FRD categories to the NSI category, then declassification and portion marking
instructions for the document must be included in the notification. NOTE: The
Derivative Classifier preparing the upgrading notification must review it to determine
whether it contains classified information. The sender of an upgrading notification must
ensure that each recipient of the notification is authorized access to the upgraded level
and category of classified information in the document being upgraded.
4. CHANGING CLASSIFICATION MARKINGS BASED ON RECEIPT OF A
DOWNGRADING OR UPGRADING NOTICE. The person changing the classification
markings on a document or material based on receipt of a downgrading or upgrading
notice must include the following information on the front of the document:
a. The appropriate classification level and category (if RD or FRD) on the
“Classification changed to” line.
b. A brief description of the notice advising of the change in classification and its
date on the “Authorized by” line (e.g., Change Notice 138, 8/31/06).
c. The name of the person making the change and the date the change is made on the
“Changed by” line.
In addition, if the downgrading action resulted in a change from the RD/FRD categories
to the NSI category, the person making the change must ensure that declassification
instructions and portion markings are applied as described in the notification. NOTE:
Adequate quality assurance measures should be in place to ensure that the classification
change announced in the notice is done correctly. For example, a second person verifies
that the person changing the classification markings based on a notice did so correctly.
DOE M 475.1-1B Chapter VI
8-28-07 VI-1
CHAPTER VI
EDUCATION PROGRAM
1. CLASSIFICATION OVERVIEW TRAINING. The head of each Headquarters element
and the manager of each field element must ensure that all employees are advised of their
classification-related responsibilities when they are first authorized access to classified
information. At a minimum, the following information must be covered:
a. a brief explanation of the roles of those classification officials relevant to the
organization;
b. when an employee must have a document or material reviewed for classification
and what official must conduct the review;
c. when an employee must have a document or material reviewed for
declassification and what official must conduct the review;
d. a brief explanation of DOE’s policy about commenting on classified information
in the public domain;
e. the process to be followed if an employee needs to have a document or material
declassified;
f. the fact that an employee may challenge the classification status of a document or
material; and
g. the name and phone number of a point of contact to answer questions or address
concerns about classification or declassification matters.
2. CONTINUING CLASSIFICATION EDUCATION. The head of each Headquarters
element and the manager of each field element must ensure that each employee who is
authorized access to classified information is informed annually of the classification and
declassification responsibilities covered in paragraph 1 above, with an emphasis on any
changes.
3. SUBJECT-MATTER-RELATED CLASSIFICATION AWARENESS BRIEFINGS. The
Section 52
head of each Headquarters element and the manager of each field element must ensure
employees authorized access to classified information who are working in classified
subject areas receive subject-matter-related briefings that explain what information is
potentially classified in their relevant areas. For example, such briefings may be
conducted by a supervisor, a Derivative Classifier in the organization, the Headquarters
Classification Representative, or the Classification Officer.
4. INITIAL TRAINING FOR A CLASSIFIER OR DECLASSIFIER. An employee
nominated for the position of Original Classifier, Derivative Classifier, or Derivative
Chapter VI DOE M 475.1-1B
VI-2 8-28-07
Declassifier must receive training and successfully pass examinations that cover the
following elements:
a. Original Classifier.
(1) Who may classify information originally,
(2) The difference between originally classifying information and derivatively
classifying a document or material,
(3) Conditions that must be met to classify information originally,
(4) Categories of information that may be considered for original
classification,
(5) The prohibitions and limitations on classifying information originally,
(6) The three levels of classification and how to determine which one should
be applied to information under consideration for original classification,
(7) How to determine the duration of classification for the information under
consideration for original classification,
(8) How to mark an originally classified document,
(9) The requirements for reporting an original classification determination,
(10) Those aspects of the classification challenge process that affect an
Original Classifier;
(11) Who may declassify information and documents or material, and
(12) The content of the Original Classifier’s authority description.
b. Derivative Classifier.
(1) Who may derivatively classify a document or material;
(2) The difference between originally classifying information and derivatively
classifying a document or material;
(3) What a classification guide is and how to use it to determine whether
information is classified, including practical exercises using actual or
simulated guidance and documents;
(4) What to do if the guidance approved for use by the Derivative Classifier is
inconsistent or does not address the information in the document being
reviewed for classification;
DOE M 475.1-1B Chapter VI
8-28-07 VI-3
(5) What portion marking is and when it is required;
(6) How to mark a derivatively classified document or material;
(7) What upgrading is, who can do it, and how it is done;
(8) Who must be notified and what information must be included in the
notice;
(9) Those aspects of the classification challenge process that affect a
Derivative Classifier;
(10) Who may declassify or downgrade a document or material; and
(11) The content of the Derivative Classifier’s authority description.
c. Derivative Declassifier.
(1) Who may derivatively declassify a document or material;
(2) What classification and declassification guides are and how to use them to
determine whether information may be declassified, including practical
exercises using actual or simulated guidance and documents;
(3) The proper procedure to redact classified information from a classified
document;
(4) What coordination is required before declassifying a document or
material;
(5) How to mark a derivatively declassified document or material;
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(6) What downgrading is, who can do it, and how it is done;
(7) Who must be notified and what information must be included in the
notice;
(8) Those aspects of the classification challenge process that affect a
Derivative Declassifier;
(9) The requirements for including a declassified document on OpenNet; and
(10) The content of the Derivative Declassifier’s authority description.
5. TRAINING FOR A CLASSIFICATION OFFICER. An employee nominated for the
position of Classification Officer must receive training and successfully pass
examinations that cover the following elements in addition to the elements for an
Original Classifier, Derivative Classifier, and Derivative Declassifier:
Chapter VI DOE M 475.1-1B
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a. Bases for classifying RD and FRD,
b. Basis for classifying NSI, and
c. Classification authorities and responsibilities of DOE officials.
6. BRIEFING FOR A CLASSIFICATION COORDINATOR. An employee nominated for
the position of Classification Coordinator must attend a briefing that covers the
requirements contained in DOE O 475.2 and this Manual and the specific responsibilities
of a Classification Officer.
7. TRAINING FOR A HEADQUARTERS CLASSIFICATION REPRESENTATIVE. An
employee nominated for the position of Headquarters Classification Representative must
receive training and successfully pass examinations that cover the following elements as
well as the elements for a Derivative Classifier:
a. Bases for classifying RD and FRD,
b. Basis for classifying NSI, and
c. Classification authorities and responsibilities of DOE officials.
8. DOCUMENTATION OF TRAINING. Conduct of required training must be
documented and must include the date of the training, a brief summary of what was
covered, and who attended.
9. TRAINING MATERIALS. All training materials must be accurate and up to date when
presented.
DOE M 475.1-1B Chapter VII
8-28-07 VII-1
CHAPTER VII
CLASSIFICATION PROGRAM EVALUATIONS
1. SELF-ASSESSMENT. Every 2 years, each field element Classification Officer and
Headquarters Classification Representative must complete a written self-assessment of
his or her implementation of the requirements contained in DOE O 475.2 and this
Manual. The self-assessment must include Federal and contractor organizations under
his or her cognizance that do not have a Classification Officer or Headquarters
Classification Representative, but do have Derivative Classifiers or Derivative
Declassifiers.
2. FIELD ELEMENT ON-SITE REVIEW. Each field element Classification Officer must
conduct an on-site review of each Federal or contractor organization under his or her
cognizance that has a Classification Officer to evaluate his or her implementation of the
requirements contained in DOE O 475.2 and this Manual. This review must be
documented in a written report, including a corrective action plan for any deficiencies
noted. The on-site review should be conducted every 2 years; however, the interval
between on-site reviews may be decreased (e.g., annually) if significant problems are
found or increased but not less than once every 5 years if only minor problems are found.
The interval between on-site reviews is determined by the field element Classification
Officer conducting the review.
3. SCOPE. Each self-assessment and on-site review must cover the following areas:
a. Management Responsibilities. Management provides the necessary resources and
support to meet the requirements specified in DOE O 475.2 and DOE
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M 475.1-1B.
b. Authorities. A sufficient number and appropriate distribution of Original
Classifiers, Derivative Classifiers, and Derivative Declassifiers exists so as to not
unduly interfere with or delay the work of the Headquarters or field element; a
record of classification officials appointed is maintained (e.g., in a paper
document, electronic database); the description for each authority includes the
individual’s name, organization, the effective date, the specific subject areas
covered by the authority, the jurisdiction of the authority, the expiration date, and
any special instructions or limitations on the authority; and initial and
reappointment training and testing have been conducted and successfully
completed.
c. Guidance. Classification guidance is up to date, and Derivative Classifiers and
Derivative Declassifiers have access to appropriate guidance. Block 13 and the
box for DEAR 952.204-70 in block 14 of DOE Form 470.1 are certified as being
completed correctly by the signature of the appropriate official in block 18.
Classification guidance for non-DOE-funded work does not contradict DOE
guidance.
Chapter VII DOE M 475.1-1B
VII-2 8-28-07
d. Training. Training programs ensure that personnel are aware of their
classification responsibilities, training conducted is documented, and training
materials are accurate and up to date when presented.
e. Document Reviews. Based on a statistically significant, random sample of
documents created since the last self-assessment or on-site review, document
classification determinations are correct, the basis for each determination is
correct, and classifier and declassifier markings are completed correctly. The
methodology for determining a statistically significant, random sample of
documents is specified by the Classification Officer conducting the self-
assessment or on-site review.
f. Program Evaluation. The classification program is evaluated to assess
performance and determine if improvements are necessary.
DOE M 475.1-1B Attachment 1
8-28-07 Page i
CONTRACTOR REQUIREMENTS DOCUMENT
DOE M 475.1-1B, MANUAL FOR IDENTIFYING CLASSIFIED INFORMATION
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.
A violation of the provisions of this CRD relating to the safeguarding of RD or other classified
information may result in a civil penalty pursuant to subsection a. of section 234B of the Atomic
Energy Act (42 U.S.C. 2282b.). The procedures for the assessment of civil penalties are set
forth in 10 CFR Part 824, Procedural Rules for the Assessment of Civil Penalties for Classified
Information Security Violations.
1. SUMMARY. This CRD is composed of seven chapters that provide direction for
classifying and declassifying information, documents, and material. These chapters
address mandatory procedures and management processes as follows.
a. Chapter I— requirements for designating classification officials as well as general
administrative requirements that apply to the overall program.
b. Chapter II—an overview of the categories of classified information and the levels
that may be applied to these categories.
c. Chapter III—relevant areas for contractors concerning classifying and
declassifying information.
Section 55
d. Chapter IV—classification guidance and how such guidance is approved for DOE-
funded work and non-DOE-funded work.
e. Chapter V—how documents and material are classified, declassified, downgraded,
or upgraded.
f. Chapter VI—training required for employees with authorized access to classified
information and for employees designated as classification and declassification
officials.
g. Chapter VII—classification program self-assessments and on-site reviews.
2. DEFINITIONS.
a. Canceled Guidance. Classification guidance that has been superseded or
rescinded and that may not be used by Derivative Classifiers or Derivative
Declassifiers to determine that information is classified. (NOTE: There are two
categories of canceled guidance: Confirmation Guidance and Historical
Guidance.)
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b. Classification. The act or process by which information or documents and
material are determined to require protection in the interest of the national
security under the Atomic Energy Act, 10 CFR part 1045, or Executive Order
(E.O.) 12958, as amended.
c. Classification Coordinator. An individual who monitors the work of the
Classification Officer from outside of the Classification Coordinator’s field
element who is performing all of the Classification Officer functions for that field
element under an agreement for support.
d. Classification Guidance. Written, detailed instructions (usually concerning a
system, plan, project, or program) that explicitly identify whether specific
information is classified and if classified, such instructions identify the level and
category (and duration if NSI).
e. Classification Officer. An individual who manages the field element
classification program.
f. Classification Officials. Classification Officers, Classification Coordinators,
Headquarters Classification Representatives, Headquarters Classification
Liaisons, Original Classifiers, Derivative Classifiers, and Derivative Declassifiers.
g. Classified Information. Information that is determined to be
(1) RD or FRD under the Atomic Energy Act or 10 CFR part 1045 or
(2) NSI under E.O. 12958, as amended, or prior Executive orders.
h. Classified Subject Area. A subject area for which classification guidance is
issued.
i. Confirmation Guidance. Canceled guidance that may not be used to make
classification determinations, but may be used by Derivative Classifiers and
Derivative Declassifiers to confirm that information is unclassified.
j. Declassification. A determination by an appropriate authority that information no
longer warrants classification or that documents and material no longer contain
classified information.
k. Derivative Classifier. An individual authorized to determine that an unmarked
document or material is unclassified or classified as allowed under his or her
description of authority. A Derivative Classifier may also upgrade a document or
material. (In RD/FRD subject areas, a Derivative Classifier is equivalent to the
Restricted Data Classifier referred to in 10 CFR part 1045.)
l. Derivative Declassifier. An individual authorized to declassify or downgrade
documents or material in specified areas as allowed by his or her description of
authority.
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m. Document. Any recorded information, regardless of the nature of the medium or
the method or circumstances of recording.
n. Downgrade. A determination by an appropriate authority that
Section 56
(1) information may be protected at a level lower than the current
classification level or
(2) a document or material may be protected at a level and/or category lower
than the marked classification level and/or category.
In either case, however, the revised classification level must not be lower than
Confidential (or for foreign government information, lower than Confidential
Foreign Government Information-Modified Handling Authorized).
o. Field Element. A term that includes operations offices, field offices, site offices,
service centers, project management offices, area offices, and regional offices of
federally staffed laboratories.
p. Foreign Government Information.
(1) Information provided to the United States Government by a foreign
government or governments, an international organization of
governments, or any element thereof, with the expectation that the
information, the source of the information, or both are to be held in
confidence;
(2) information produced by the United States Government pursuant to or as a
result of a joint arrangement with a foreign government or governments or
an international organization of governments or any element thereof,
requiring that the information, the arrangement, or both are to be held in
confidence; or
(3) information received and treated as “foreign government information”
under the terms of a predecessor Executive order.
q. Formerly Restricted Data. Classified information that the DOE or its predecessor
agencies and the Department of Defense have jointly determined (1) to be related
primarily to the military utilization of atomic weapons and (2) can be adequately
safeguarded in a manner similar to NSI. It is also subject to the restrictions on
transmission to other countries and regional defense organizations that apply to
Restricted Data.
r. Headquarters Classification Liaison. An individual who serves as the point of
contact for classification issues in a Headquarters element with no Derivative
Classifiers, but with employees who are authorized access to classified
information.
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s. Headquarters Classification Representative. An individual who serves as the
focal point for the classification program in a Headquarters element with
Derivative Classifiers.
t. Historical Guidance. Canceled guidance that may be used only for historical
reference purposes and may not be used by Derivative Classifiers or Derivative
Declassifiers to determine that information is classified or unclassified.
u. Information. Facts, data, or knowledge itself as opposed to the document or
material in which it is contained or revealed.
v. Mandatory Review. A declassification review of a document that is requested by
a member of the public under section 3.5 of E.O. 12958, as amended, or 10 CFR
1045.42.
w. Material. A product (e.g., a part or a machine) or substance (e.g., a compound or
an alloy).
x. National Security Information. Information that has been determined, pursuant to
E.O. 12958, as amended, “Classified National Security Information,” or any
predecessor order, to require protection against unauthorized disclosure and that is
so designated.
y. Original Classifier. A Federal employee authorized to make the initial
determination that certain information requires protection against unauthorized
disclosure in the interest of the national security under E.O. 12958, as amended;
such information is identified as NSI.
z. Portion Marking. The application of classification and control markings to
individual parts (e.g., paragraphs, chapters, titles, figures) of a classified
document to indicate their specific classification level and category (if RD or
FRD) or control category (e.g., Unclassified Controlled Nuclear Information,
Official Use Only).
aa. Reclassification. A determination by an appropriate authority that restores the
classification to previously declassified information.
bb. Restricted Data. All data concerning the design, manufacture, or use of nuclear
weapons; production of special nuclear material; or use of special nuclear material
in