DOE O 471.1, Unclassified Controlled Nuclear Information
Functional areas: Safeguards, Security, and Emergency Management, UCNI, Work Processes
To prevent unauthorized dissemination of Unclassified Controlled Nuclear Information (UCNI).
Cancels DOE 5635.4 and DOE 5650.3A
Supersedes:
Superseded By:
Version history and related documents
Superseded by
A newer version replaces this document.
Supersedes
Earlier documents this one replaced.
Document text
Text extracted from the attached file. Refer to the original document for the authoritative version.
Section 1
Department of Energy
Washington, DC 20585
September 25, 1995
MEMORANDUM FOR ALL DEPARTMENTAL ELEMENTS
FROM: Archer L. Durham /s/
SUBJECT: DOE O 471.1, IDENTIFICATION AND PROTECTION OF UNCLASSIFIED
CONTROLLED NUCLEAR INFORMATION
The attached subject Order is being issued under the Department’s Accelerated Directives
Reduction Effort. The attached contractor requirements document, however, is approved for
simultaneous implementation and coordination. The Order consolidates two Orders into one.
These documents, prepared by the Office of Nonproliferation and National Security, improve the
quality and usability of policies, requirements, and technical standards. The Order was fully
coordinated and during the Issue Resolution process all major issues were resolved.
To meet the Secretary’s commitment to reduce the Department’s internal directives by 50
percent, DOE O 471.1, Identification and Protection of Unclassified Controlled Nuclear
Information, is hereby approved.
Attachments
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DOE O 471.1
U.S. Department of Energy ORDER
Washington, D.C.
Approved: 09-25-95
Sunset Review: 09-25-97
Expires: 09-25-99
SUBJECT: IDENTIFICATION AND PROTECTION OF UNCLASSIFIED
CONTROLLED NUCLEAR INFORMATION
1. OBJECTIVES.
a. To prevent unauthorized dissemination of Unclassified Controlled Nuclear Information
(UCNI).
b. To ensure that the maximum amount of Government information is publicly available.
2. CANCELLATIONS. The Orders listed below are canceled. Cancellation of an Order does not,
by itself, modify or otherwise affect any contractual obligation to comply with such an Order.
Canceled Orders that are incorporated by reference in a contract shall remain in effect until the
contract is modified to delete the reference to the requirements in the canceled Orders.
a. DOE 5635.4, PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION, of 2-3-88.
b. DOE 5650.3A, IDENTIFICATION OF UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION, of 6-8-92.
3. APPLICABILITY.
a. Departmental Elements. Except for the exclusion in paragraph 3c, all Departmental
Elements that generate, possess, or have access to UCNI shall follow the provisions of this
Order.
b. Contractors. Except for the exclusion in paragraph 3c, any DOE contractor who
generates, possesses, or has access to UCNI in the performance of the contract shall follow
the provisions set forth in the Contractor Requirements Document (see Attachment 1) to
the extent that these provisions are incorporated into the contract. Contractors shall be
directed to continue to comply with the requirements of Orders canceled by this Order until
their contracts are modified to delete the reference to the requirements of the canceled
Orders.
c. Exclusion. Requirements in this Order that overlap or duplicate requirements of the
Nuclear Regulatory Commission (NRC) related to radiation protection, nuclear safety
(including quality assurance), and safeguards and security of nuclear material do not apply
to the design, construction, operation, and decommissioning of Office of Civilian
Radioactive Waste Management (RW) facilities.
DISTRIBUTION: INITIATED BY:
All Departmental Elements Office of Nonproliferation
and National Security
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4. REQUIREMENTS. Specific requirements for UCNI are delineated in Chapters I to III.
Deviations (i.e., variances, waivers, and exceptions) from these requirements shall be processed
according to DOE O 470.1, SAFEGUARDS AND SECURITY PROGRAM, with the following
caveats:
Section 2
a. For any deviations from the requirements in Chapter I notifications of variances and
waivers shall be made to the Director of Declassification rather than the Director of
Safeguards and Security.
b. For any deviations from the requirements for routine access to UCNI in Chapter II,
paragraph 1a(5), the Director of Safeguards and Security is the approval authority.
5. RESPONSIBILITIES. Any authority assigned to an individual by this Order is redelegable to
subordinate officials within the individual's organization unless specifically prohibited by this
Order. The Director of Declassification or the Director of Safeguards and Security shall concur
in any such redelegation, as appropriate.
a. Director of Nonproliferation and National Security shall oversee the program to identify
and protect UCNI.
b. Director of Security Affairs.
(1) Establish policy for the program to identify and protect UCNI.
(2) Determine whether a material is a "nuclear material" under 10 CFR 1017.10.
(3) Make the final determination in all appeals involving the denial of a request for
UCNI made under statute or Executive order. To avoid a conflict of interest, the
Director of Security Affairs is not a Denying Official for UCNI.
c. Director of Declassification.
(1) Administer the program to identify UCNI by developing and interpreting policy and
procedures (see Chapter I).
(2) Determine that specific Government information is or is not UCNI under 10 CFR
1017.7 to 1017.9.
(3) Develop and issue the UCNI General Guideline and all topical guidelines; approve
all UCNI guidelines.
(4) Appoint Reviewing Officials for Headquarters Elements and their contractors and
any organization not under a Classification Officer.
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(5) Appoint Reviewing Officials who may review matter for UCNI that is not under
their own programmatic or organizational cognizance.
(6) Issue, and make available upon request to any interested person, a quarterly report
as specified in 10 CFR 1017.11.
(7) Develop and conduct education programs on the identification of UCNI for
Headquarters Elements.
(8) Conduct appraisals of Departmental Elements to ensure implementation of and
adherence to those portions of this Order under the cognizance of the Director of
Declassification.
(9) Provide analytical support and recommendations to assist the Director of Security
Affairs in exercising his/her appeal authority concerning the denial of requests for
UCNI in all appeals made under statute or Executive order.
(10) Notify the Director of Scientific and Technical Information and the originator of
any unclassified scientific and technical report (as defined in DOE 1430.1D,
SCIENTIFIC AND TECHNICAL INFORMATION MANAGEMENT) that is
determined by the Director of Security Affairs on appeal to no longer contain
UCNI.
d. Director of Safeguards and Security.
(1) Administer the DOE program to protect UCNI by developing and interpreting
policy and procedures (with the exception of policy and procedures for protection
of information being processed, stored, or transmitted in unclassified automated
information systems, which is the responsibility of the Office of Information
Management). See Chapters II and III.
(2) Approve categorical requests for special access to UCNI. (See Chapter II, 1b(6)).
e. Heads of Headquarters Elements.
(1) Grant special access to UCNI under their cognizance to persons who are not
authorized routine access. (See Chapter II, paragraph 1b(2)).
Section 3
(2) Appoint an individual to be responsible for bringing to the attention of the
contracting officer each procurement falling within the scope of this Order. If such
an individual is not appointed, this responsibility is that of the procurement request
originator (the individual responsible for initiating a requirement on DOE F
4200.33, "Procurement Request Authorization").
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f. Heads of Field Elements.
(1) Develop and conduct education and awareness programs on the identification and
protection of UCNI for DOE and contractor employees under their cognizance.
(2) Conduct appraisals of contractors and subcontractors under their jurisdiction to
determine their implementation of and adherence to those portions of this Order
under the cognizance of the Director of Declassification.
(3) Appoint an individual to be responsible for bringing to the attention of the
contracting officer each procurement falling within the scope of this Order. If such
an individual is not appointed, this responsibility is that of the procurement request
originator (the individual responsible for initiating a requirement on DOE F
4200.33, "Procurement Request-Authorization").
g. Assistant Secretary for Environment, Safety and Health, through the Deputy Assistant
Secretary for Independent Oversight and Appraisals, shall verify compliance with
requirements in Chapter II through independent inspections and evaluations.
h. Director of Information Management, shall develop and interpret policy and procedures for
the overall Departmental program to protect information being processed, stored, or
transmitted in unclassified automated information systems.
i. Director, Naval Nuclear Propulsion Program, shall implement and oversee all policy and
practices pertaining to this Order for activities under the Director’s cognizance.
j. Director, Scientific and Technical Information, shall establish and maintain a system to
notify addressees on any special distribution list maintained by the Office of Scientific and
Technical Information of any changes in the UCNI status of matter distributed by the Office
of Scientific and Technical Information. Any other notification is a responsibility of the
originator, as specified in Chapter I, part B, paragraph 8.
k. Field Element and Contractor Classification Officers appointed under DOE 5650.2B,
IDENTIFICATION OF CLASSIFIED INFORMATION, are Reviewing Officials and shall
appoint other Reviewing Officials from their organizations, subordinate organizations, and
contractors.
l. Procurement Request Originators or such other individual(s) as appointed by the cognizant
Head of the Departmental Element, shall bring to the attention of the cognizant contracting
officer the following:
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(1) Each procurement requiring the application of this Order.
(2) Requirements for flow-down provisions of this Order to any subcontract or
subaward.
(3) Identification of the portion(s) of this Order with which the awardee or, if different,
a subawardee is to comply.
m. Contracting Officers, based on advice received from the procurement request originator or
other appointed individual, shall apply this Order to contracts as applicable. For awards
other than management and operating contracts, this shall be by incorporation or reference
using explicit language in a contractual action.
Section 4
6. CONTACT. Direct any questions or comments regarding this Order to the Office of
Declassification (301-903-5454). Specific questions or comments on Chapters II and III should
be directed to the Office of Safeguards and Security (301-903-4805).
BY ORDER OF THE SECRETARY OF ENERGY:
ARCHER L. DURHAM
Assistant Secretary for
Human Resources and Admnistration
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TABLE OF CONTENTS
CHAPTER I - IDENTIFICATION OF UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION
PART A - CONTROL OF INFORMATION
1. Unclassified Controlled Nuclear Information Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
2. General Guideline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
3. Topical Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-2
4. Internal Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-2
5. Basis Citation Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-4
6. Guidelines and Classification Guides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-4
PART B - REVIEW OF MATTER
1. Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-5
2. Reviewing Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-5
3. Review of Matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-6
4. Denying Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-8
5. Denial of Matter by a Denying Official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-8
6. Appeal of the Denial of Matter by a Denying Official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-9
7. Joint Matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-9
8. Notification of Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-9
9. Matter Retired to a Repository . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-10
10. Widely Disseminated Matter or Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-10
PART C - MARKING OF MATTER
1. Relationship to Other Types of Control Markings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-11
2. Unclassified Matter That May Contain Unclassified
Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-11
3. Unclassified Matter That Contains Unclassified
Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-12
4. Special Format Matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-13
5. Transmittal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-13
6. Use of Alternate Markings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-13
7. Unclassified Matter That No Longer Contains
Section 5
Unclassified Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-14
8. Unclassified Matter That Does Not Contain
Unclassified Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-14
9. Existing Matter Containing Unclassified
Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-14
10. Upgrading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-14
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CHAPTER II - PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
1. Access to Unclassified Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
2. Physical Protection Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-5
CHAPTER III - VIOLATIONS AND INFRACTIONS
1. Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1
2. Infractions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-1
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CHAPTER I
IDENTIFICATION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
Part A - Guidelines
1. UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION GUIDELINES. Three levels
of UCNI guidelines shall be used by certain Reviewing Officials and all Denying Officials to
review matter: the General Guideline, Topical Guidelines, and Internal Guidelines. The General
Guideline contains topics based on control determinations. A Topical Guideline is usually based
on the General Guideline and identifies what specific Government information is UCNI in one or
more technical or programmatic areas. An Internal Guideline is based on Topical Guidelines or, if
necessary, the General Guideline, and identifies what specific Government information of interest
to the issuing organization is UCNI.
2. GENERAL GUIDELINE.
a. Purpose. The General Guideline identifies broad areas of information that are or are not
UCNI. In addition, the General Guideline shall be used as the basis for the following:
(1) Topical Guidelines and Internal Guidelines.
(2) A Preliminary Review Determination by any Reviewing Official in any subject area
where no Topical or Internal Guideline exists.
(3) A Final Review Determination by the Office of Declassification or by DOE Field
Element or contractor Classification Officers or their delegates in any subject area
where no Topical or Internal Guideline exists.
(4) A Denial Determination by any Denying Official in any subject area where no
Topical or Internal Guideline exists.
b. Originator/Approval Authority. The General Guideline is approved and issued by the
Office of Declassification.
c. Basis. The General Guideline is based on control determinations by the Director of
Declassification that information is or is not UCNI.
d. Uses.
(1) Preliminary Review Determination. A Reviewing Official may use the General
Guideline only to make a Preliminary Review Determination.
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(2) Final Review Determination. The Office of Declassification or the DOE Field
Element or contractor Classification Officers or their delegates may use the General
Guideline to make a Final Review Determination in any subject area where Topical
or Internal Guidelines do not exist.
Section 6
(3) Denial Determination. A Denying Official may use the General Guideline to make a
Denial Determination in any subject area where Topical or Internal Guidelines do
not exist.
e. Identification Number. Each topic in the General Guideline that states that information is
UCNI shall include an identification number (e.g., GG #10).
3. TOPICAL GUIDELINES.
a. Purpose. A Topical Guideline identifies what information in a specific technical or program
area is or is not UCNI.
b. Originator/Approval Authority. The Office of Declassification approves and issues Topical
Guidelines.
c. Basis. A Topical Guideline is based on and is consistent with the General Guideline or
another Topical Guideline.
d. Uses.
(1) Final Review Determination. Any Reviewing Official may use a Topical Guideline
to make a Final Review Determination.
(2) Denial Determination. A Denying Official may use a Topical Guideline to make a
Denial Determination.
e. Basis Citation. Each topic in a Topical Guideline that designates information as UCNI shall
cite the General Guideline identification number on which it is based. A Topical Guideline
UCNI topic may also be based on a topic in another Topical Guideline; if so, it should cite
the other Topical Guideline topic and not a General Guideline topic. Each topic in a
Topical Guideline designated as UCNI shall include a Topical Guideline identification
number (e.g., NV-TV #1) to be cited as the basis for either Topical or Internal Guideline
topics.
4. INTERNAL GUIDELINES.
a. Purpose. An Internal Guideline identifies information of interest to the issuing organization
that is or is not UCNI.
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b. Originator/Approval Authority. DOE Elements and DOE contractor organizations may
issue Internal Guidelines.
(1) The Office of Declassification shall approve each Internal Guideline before it is
issued or reissued. The Director of Declassification may delegate this authority in
writing to Field Element Classification Officers on a case-by-case basis.
(2) Internal Guidelines are not required to be issued by any organization if Topical
Guidelines and the General Guideline are adequate for the needs of the
organization.
(3) Where UCNI Internal Guidelines are contained in a classification guide being
revised or reissued, the originator shall submit a copy of the joint
classification/UCNI guidance to the Office of Declassification for approval, even if
the UCNI portion is not being revised, to ensure that the UCNI portion conforms
with current policy.
c. Basis. In general, an Internal Guideline is based on Topical Guidelines; however, where no
applicable Topical Guideline exists, an Internal Guideline may be based directly on the
General Guideline.
d. Uses.
(1) Preliminary Review Determination. Any Reviewing Official may use another
organization's Internal Guideline only to make a Preliminary Review Determination.
(2) Final Review Determination. Only the Office of Declassification, Reviewing
Officials within the issuing organization, and those Reviewing Officials who have
been authorized within the Internal Guideline or otherwise in writing by the issuing
organization, may use an Internal Guideline to make a Final Review Determination.
(3) Denial Determination. Any Denying Official may use an Internal Guideline
generated by an organization under his/her cognizance to make a Denial
Determination.
Section 7
e. Basis Citation. Each topic in an Internal Guideline that states that information is UCNI
shall cite the General Guideline or Topical Guideline identification number on which the
topic is directly based.
f. Submission of Guideline for Approval. An organization that submits an Internal Guideline
to the Office of Declassification for review and approval shall include the following:
(1) The full text of the guideline (in joint classification/UCNI guidance, this includes the
entire guidance document).
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(2) A justification for any deviations to current policy proposed in the draft guideline.
(3) A contact point for requesting approval for use of the guideline by Reviewing
Officials not within the issuing organization or otherwise not authorized to use the
Internal Guideline.
(4) A contact point for requesting copies of the guideline.
g. Copies of the Guideline. Any organization that issues an Internal Guideline shall send the
Office of Declassification one floppy diskette in either ASCII or WordPerfect 5.1 or higher
format and five copies of the issued guideline.
5. BASIS CITATION EXCEPTION. UCNI guidelines approved prior to the issuance of this Order
do not have to be revised merely to incorporate basis citations as required. However, basis
citations must be added the next time these guidelines are revised.
6. GUIDELINES AND CLASSIFICATION GUIDES. A Topical or Internal Guideline and a
classification guide may be issued together in a single document. Such a document shall be titled
to clearly indicate that it contains both classification and UCNI guidance (i.e., Classification and
UCNI Guide for Project XYZ). UCNI topics in a program or topical classification guide are
Topical Guideline topics. UCNI topics in a local classification guide are Internal Guideline
topics. Approval and other requirements for joint classification/UCNI guidance are the same as
they would be if the classification and UCNI guidance were issued separately.
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Part B - Review of Matter
1. OVERVIEW. Any matter that may contain UCNI should be sent to a Reviewing Official prior
to release. A Reviewing Official makes a Preliminary or Final Review Determination that the
matter may contain, contains, or does not contain UCNI. In general, Reviewing Officials base
their reviews on Topical Guidelines and Internal Guidelines. These guidelines contain detailed
descriptions of what is or is not UCNI. If matter containing UCNI is requested under a statute or
Executive order, the Reviewing Official shall send the matter to a Denying Official.
2. REVIEWING OFFICIALS.
a. Authority. A Reviewing Official with cognizance over information contained in matter (or
as appointed by the Office of Declassification) is authorized to make a Preliminary or Final
Review Determination that the matter may contain, contains, does not contain, or no longer
contains UCNI. A Preliminary Review Determination that matter may contain UCNI is
made only when no applicable Topical or Internal Guidelines (approved for use by the
Reviewing Official) exist. When such UCNI guidelines exist, the Reviewing Official shall
make a Final Review Determination. A Reviewing Official authorizes the application or
removal of UCNI markings to or from matter. The Reviewing Official's authority may not
be redelegated to anyone or exercised by a person acting for or in the absence of the
Reviewing Official.
Section 8
b. Appointment of Reviewing Officials.
(1) Field. DOE Field Element and contractor Classification Officers shall appoint
additional Reviewing Officials as necessary from their organizations, subordinate
organizations, and contractors. Any individual in a position that requires Reviewing
Official authority should submit a request to the local Classification Officer
following local procedures.
(2) Headquarters. The Office of Declassification appoints Reviewing Officials for
Headquarters organizations and contractors and for any organization not under a
Classification Officer. Any individual in a position that requires Reviewing Official
authority shall submit a request signed by the office director or higher level official
to the Office of Declassification. This request must contain the following
information:
(a) Name of the individual requiring the authority.
(b) Title, mailing address (including organization code), and telephone number
of the individual.
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(c) Whether the individual is a Federal employee or a contractor.
(d) Why the authority is required.
(e) The anticipated frequency of use of the authority (e.g., daily, weekly).
(f) The UCNI guideline(s) to be used (a list of guidelines is available from the
Office of Declassification).
(g) Qualifications of the individual (include educational background and
experience).
c. List of Current Reviewing Officials. Each appointing official shall maintain a current list of
all Reviewing Officials under his/her cognizance. This list shall include:
(1) name, title, and organization of each Reviewing Official;
(2) the effective date of the appointment; and
(3) any special instructions or limitations that apply to the appointment.
d. Termination of Appointment. Each Reviewing Official shall notify his/her appointing
official when vacating the position for which the authority was granted or when the
position no longer requires such authority.
3. REVIEW OF MATTER.
a. Responsibilities of Originator or Possessor of Matter. Existing matter in a person's
possession is not required to be reviewed for UCNI. However, any person who thinks
unclassified matter he/she originates or possesses may contain UCNI, based on any
knowledge or experience of the UCNI program that the person may have, shall proceed as
follows:
(1) Mark the Matter. The originator or possessor shall mark the matter as soon as
possible as described in Chapter I, part C, paragraph 2a.
(2) Obtain a Review Determination.
(a) Newly Generated Matter. The originator of the matter shall send it to a
Reviewing Official when it is to be finalized, sent outside the originator's
organization, or filed.
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(b) Existing Matter. The possessor of the matter shall send it to a Reviewing
Official when it is to be sent outside the possessor's organization or filed.
(NOTE: Matter retrieved from the files for reference, inventory, or similar
purposes does not have to be reviewed for UCNI as long as it will be
returned to the files.)
(c) Exception to Obtaining a Review Determination. A review determination is
not required of matter sent outside the originator's or possessor's
organization for destruction. However, any matter being destroyed that is
not marked as containing UCNI but that the originator or possessor believes
may contain UCNI shall be destroyed in accordance with procedures in
Chapter II, paragraph 2d.
Section 9
b. Responsibilities of the Reviewing Official. A Reviewing Official shall review matter
potentially containing UCNI and make a Preliminary or Final Review Determination based
on applicable UCNI guidelines authorized for use by the Reviewing Official.
(1) When to Make a Preliminary Review Determination. When no applicable Topical
or Internal Guidelines exist, a Reviewing Official shall make a Preliminary Review
Determination that matter may contain UCNI. The Reviewing Official may base
such a determination on General Guideline topics or on knowledge or experience in
the subject area covered by the matter. The Reviewing Official shall ensure that the
matter is marked as described in Chapter I, part C, paragraph 2b.
(2) When to Make a Final Review Determination. When applicable Topical and
Internal Guidelines exist, a Reviewing Official shall make a Final Review
Determination that matter contains, does not contain, or no longer contains UCNI.
The Reviewing Official shall ensure that the matter is marked as described in
Chapter I, part C, paragraphs 3, 7, or 8.
(3) When a Final Review Determination is Needed and No Applicable Topical or
Internal Guidelines Exist. If a Final Review Determination for matter is needed for
any reason and no applicable Topical or Internal Guidelines exist, the Reviewing
Official shall send the matter and recommendations on information that should be
UCNI to the local Classification Officer, or for Headquarters, to the Office of
Declassification. The local Classification Officer or the Office of Declassification
shall then determine whether the matter contains UCNI.
c. Review Responsibilities of Classification Officers.
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(1) When General Guideline Topics Exist. A Classification Officer may make a Final
Review Determination that matter contains, does not contain, or no longer contains
UCNI based on applicable General Guideline topics. The Classification Officer
shall ensure that the matter is marked as described in Chapter I, part C, paragraphs
3, 7, or 8. A Classification Officer may delegate this authority to Reviewing
Officials on his/her immediate staff; otherwise, this authority shall not be delegated.
(2) When No Applicable General Guideline Topics Exist. If there is a specific
requirement for a Final Review Determination for the matter and no applicable
General Guideline topics exist, the Classification Officer shall send the matter to the
Office of Declassification with recommendations for a determination.
d. Scientific and Technical Reports. A Reviewing Official shall report to the Office of
Scientific and Technical Information and the originator the title, number, date, originating
organization, author, and UCNI status of any unclassified scientific and technical report
that he/she determines may contain, does contain, or no longer contains UCNI.
e. Requests for Matter. A Reviewing Official shall review for UCNI any matter containing
information under his/her cognizance if the review is requested to fulfill requirements based
on a statute, Executive order, regulation, or directive. A Reviewing Official may review
for UCNI any matter containing information under his/her cognizance whenever
appropriate.
4. DENYING OFFICIALS.
Section 10
a. Authority. A Denying Official with cognizance over the information contained in the
matter shall deny a request made under a statute (e.g., the Freedom of Information Act) or
Executive order for any portion of matter that he/she determines to contain UCNI. The
Denying Official ensures that the Reviewing Official who determined that the matter
contains UCNI correctly interpreted and applied UCNI guidelines. The Denying Official
may not overrule or change UCNI guidelines.
b. Appointment. A Denying Official for UCNI for a request made under a statute or
Executive order is the same as a Denying Official for any other unclassified information as
defined in DOE 1700.1, FREEDOM OF INFORMATION PROGRAM, regardless of
whether the request was made under the Freedom of Information Act. There is no
additional requirement for the separate appointment of a Denying Official for UCNI under
this Order. Redelegation of this authority is subject to requirements contained in DOE
1700.1. To avoid a conflict of interest, the Director of Security Affairs is not a Denying
Official for UCNI since the Director of Security Affairs is the appeal authority for denials
of UCNI made by any Denying Official.
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5. DENIAL OF MATTER BY A DENYING OFFICIAL.
a. Denial Determination. Since UCNI is exempt from public release, a Reviewing Official
shall transmit to the appropriate Denying Official any matter determined by the Reviewing
Official to contain UCNI whose public release has been requested under statute (e.g., the
Freedom of Information Act) or Executive order. Prior to such transmittal, the Reviewing
Official shall bracket each reasonably segregable portion of the matter that contains UCNI.
The Denying Official shall then review the requested matter and appropriate UCNI
guidelines prior to making a denial determination. The Denying Official shall deny a
request made under statute or Executive order for any portion of the matter that contains
UCNI. This denial determination is based on the Reviewing Official's recommendation and
applicable UCNI guidelines.
b. Reporting Requirements.
(1) Office of Declassification. The Denying Official shall notify the Office of
Declassification of each denial determination and shall provide that office with a
copy of the request letter, the denial letter, and any analysis supporting the denial
determination. The Denying Official shall not provide copies of the matter that was
the subject of the request unless specifically requested by the Office of
Declassification.
(2) Office of Scientific and Technical Information. A Denying Official shall notify the
report originator and the Office of Scientific and Technical Information of the title,
number, date, originating organization, and author of any unclassified scientific and
technical report whenever a report previously marked to indicate it may contain or
does contain UCNI is determined by the Denying Official to no longer contain
UCNI.
6. APPEAL OF THE DENIAL OF MATTER BY A DENYING OFFICIAL.
a. Authority. The Director of Security Affairs makes the determination regarding the denial
of UCNI in all appeals involving requests for matter made under statute or Executive order.
The Director of Hearings and Appeals issues the final appeal determination on behalf of the
DOE.
Section 11
b. Analytical Support. The Office of Declassification provides analytical support and
recommendations to assist the Director of Security Affairs in exercising his/her UCNI
appeal authority. When requested by the Office of Declassification, a Denying Official shall
provide supporting or background material concerning the denial determination that is the
subject of the appeal. A Denying Official shall provide the same material to the Office of
Hearings and Appeals when so requested by that office.
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c. Scientific and Technical Reports. The Office of Declassification shall report to the Office
of Scientific and Technical Information and the originator the title, number, date,
originating organization, and author of any unclassified scientific and technical report that is
determined on appeal to no longer contain UCNI.
7. JOINT MATTER. A Reviewing Official or a Denying Official shall coordinate the review of
matter for decontrol and public release with (a) the DOE organization or Federal agency
originating the matter and (b) each DOE organization or Federal agency having cognizance over
any information contained in the matter. The Director of Security Affairs has the authority to
resolve disagreements between Reviewing Officials or Denying Officials as to whether or not the
matter contains UCNI.
8. NOTIFICATION OF DETERMINATION. A Reviewing Official shall notify the originator of
any unclassified matter determined by the Reviewing Official to contain or to no longer contain
UCNI. To the extent practical, a Denying Official should notify the originator of the matter that
was previously marked to indicate it may contain or does contain UCNI whenever the matter is
released by the Denying Official because he/she has determined the report no longer contains
UCNI. To the extent practical, the originator of the matter should notify all holders of the matter
of the determination.
9. MATTER RETIRED TO A REPOSITORY. Any matter retired to a repository prior to the date
of this Order is not required to be reviewed for UCNI while in the repository or when retrieved
from the repository for reference, inventory, or similar purposes as long as it will be returned to
the repository. However, any such unclassified matter that is requested for release under a statute
or Executive order which is likely to contain UCNI shall be reviewed by a Reviewing Official; if
determined to contain UCNI, it must be marked by the repository personnel in accordance with
this chapter upon notification that the matter contains UCNI.
10. WIDELY DISSEMINATED MATTER OR INFORMATION.
a. Matter. Any matter widely disseminated in the public domain (e.g., a document that is
available in a public or university library) is exempt from control under this Order
regardless of its content. The determination as to whether matter has been widely
disseminated is made by a Reviewing Official.
b. Information. Widespread public dissemination of matter containing information otherwise
eligible for control as UCNI precludes control of the information as UCNI.
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Part C - Marking of Matter
1. RELATIONSHIP TO OTHER TYPES OF CONTROL MARKINGS.
a. Unclassified Matter. UCNI markings shall be applied to any unclassified matter that may
contain or contains UCNI regardless of any other unclassified control marking (e.g.,
Official Use Only, company "confidential") that is also on the matter.
Section 12
b. Classified Matter. UCNI markings shall not be applied to classified matter that contains
UCNI, unless such matter has been portion-marked to indicate classification level. In such
cases, the acronym "UCNI" shall be used to indicate those unclassified portions containing
UCNI.
2. UNCLASSIFIED MATTER THAT MAY CONTAIN UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION.
a. Matter Pending Review.
(1) Front Marking. If a person thinks that unclassified matter may contain UCNI, then
prior to transmittal to a Reviewing Official, the person shall mark (a) a blank sheet
of paper attached to the front of the matter so as not to deface it or (b) the front of
the matter as follows:
NOT FOR PUBLIC DISSEMINATION
May contain Unclassified Controlled Nuclear Information subject to
section 148 of the Atomic Energy Act of 1954, as amended (42
U.S.C. 2168). Approval by the Department of Energy prior to
release is required.
(2) Page Marking. No other front or internal page markings are required.
(3) Removal of Marking. This marking may be removed by (a) the person who applied
it or (b) a Reviewing Official who makes a Preliminary or Final Review
Determination.
b. Preliminary Review Determination.
(1) Front Marking. If a Reviewing Official determines that unclassified matter may
contain UCNI, the Reviewing Official shall ensure that the front of the matter is
marked as follows:
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NOT FOR PUBLIC DISSEMINATION
May contain Unclassified Controlled Nuclear Information
subject to section 148 of the Atomic Energy Act of 1954, as
amended (42 U.S.C. 2168). Approval by the Department of
Energy prior to release is required.
Reviewing
Official: ____________________________
(Name/Organization)
Date: ______________________________
(2) Page Marking. The marking "MAY CONTAIN UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION" shall be placed on the bottom of the front of the
matter and (a) on the bottom of each interior page of the matter or (b) if more
convenient, on the bottom of only those interior pages that may contain UCNI.
c. Removal of Preliminary Review Determination Markings. The markings may be removed
by the Reviewing Official who applied them or a Reviewing Official who makes a Final
Review Determination.
3. UNCLASSIFIED MATTER THAT CONTAINS UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION.
a. Front Marking. When a Reviewing Official makes a Final Review Determination that
unclassified matter contains UCNI, the Reviewing Official shall ensure that the front of the
matter is marked as follows:
UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
NOT FOR PUBLIC DISSEMINATION
Unauthorized dissemination subject to civil and criminal
sanctions under section 148 of the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2168).
Reviewing
Official: ____________________________
(Name/Organization)
Date: ______________________________
b. Page Marking. The marking "UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION" or “UCNI” shall be placed on the bottom of the front of the matter and
(1) on the bottom of each interior page of the matter or (2) if more convenient, on the
bottom of only those interior pages that contain UCNI.
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c. Removal of Markings. The removal of these markings may be authorized by (1) the
Reviewing Official who applied them; (2) the local Classification Officer or his/her delegate
or, for Headquarters, the Office of Declassification; or (3) a Denying Official.
Section 13
4. SPECIAL FORMAT MATTER. Special formats of unclassified matter (e.g., photographs,
viewgraphs, films, magnetic tapes, floppy diskettes, audio or videotapes, slides) shall be marked
to the extent practical as described in paragraphs 2 and 3, above. Regardless of the precise
markings used in such cases, any special-format, unclassified matter that contains UCNI shall be
marked so that both a person in physical possession of the matter (e.g., markings on a viewgraph
frame, a film reel and its container) and a person with access to the information in or on the
matter (e.g., markings on the projected image of a slide, a warning on a film leader) are made
aware that it contains UCNI. When space is limited, as on a 35 mm slide, the marking, "UCNI,"
will suffice.
5. TRANSMITTAL DOCUMENTS. A document that (a) transmits matter marked as potentially
containing UCNI or as containing UCNI and (b) does not itself contain classified information or
UCNI shall be marked on its front as follows:
Matter transmitted may contain/contains Unclassified
Controlled Nuclear Information. When separated from
enclosures, this document is not UCNI.
6. USE OF ALTERNATE MARKINGS.
a. Conditions of Use. A Reviewing Official shall authorize the application of alternate
markings to unclassified matter determined by the Reviewing Official to contain UCNI only
if both of the following conditions are true:
(1) The matter is related to an atomic energy defense program, but does not contain
any information explicitly indicating this relationship.
(2) The fact of the relationship of the matter to an atomic energy defense program is
itself sensitive.
b. Alternate Markings. The following markings shall be used only if a Reviewing Official
determines that the conditions of use described above are satisfied. All other standard
markings specified in this chapter shall be used as appropriate:
(1) Alternate Determination Marking. The following marking shall be placed on the
front of the matter:
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NOT FOR PUBLIC DISSEMINATION
Unauthorized dissemination subject to civil and
criminal sanctions under 42 U.S.C. 2168.
(2) Alternate Page Marking. The following marking shall be placed on the bottom of
the front of the matter and (a) on each interior page of the matter or (b) on only
those interior pages that contain UCNI:
UNCLASSIFIED CONTROLLED INFORMATION
7. UNCLASSIFIED MATTER THAT NO LONGER CONTAINS UNCLASSIFIED
CONTROLLED NUCLEAR INFORMATION. A Reviewing Official or a Denying Official may
determine that unclassified matter marked as containing UCNI no longer contains UCNI. In such
a case, the official shall ensure that all UCNI markings are removed or crossed out and that the
front of the matter is marked as follows:
DOES NOT CONTAIN UNCLASSIFIED
CONTROLLED NUCLEAR
INFORMATION
Reviewing
Official: _________________________
(Name/Organization)
Date: ____________________________
8. UNCLASSIFIED MATTER THAT DOES NOT CONTAIN UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION. A Reviewing Official may determine that unclassified, unmarked
matter does not contain UCNI. No markings are required in such a case; however, for
documentation purposes, the Reviewing Official may mark the front of the matter with the same
marking used in paragraph 7 above.
Section 14
9. EXISTING MATTER CONTAINING UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION. Matter originated prior to the date of this Order that has not previously been
reviewed for UCNI shall be reviewed and appropriately marked when retrieved from the files for
active use or dissemination. Existing matter containing UCNI need not be reviewed and marked
when it is retrieved from the files for reference, inventory, or similar purposes as long as it will be
returned to the files.
10. UPGRADING. Any notification that directs that existing, unmarked matter be marked UCNI
shall itself be UCNI. Such a notification shall include:
(a) sufficient information to allow the holder of the matter to identify it;
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(b) the name and organization of the Reviewing Official authorizing the upgrade; and
(c) the date of the upgrade determination.
For notification distribution requirements, refer to Chapter I, part B, paragraph 8.
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CHAPTER II
PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
1. ACCESS TO UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION. Access to
UCNI shall be provided only to those authorized routine or special access.
a. Routine Access. Routine access refers to the normal exchange of UCNI during the
conduct of official business and allows for further dissemination of UCNI if the
requirements in paragraph (2) below are met.
(1) Authorized Individual. Routine access to UCNI is granted by an Authorized
Individual, who may be the originator or any person in authorized possession of the
UCNI. A Reviewing Official is an Authorized Individual for matter that the
Reviewing Official determines to contain UCNI. An Authorized Individual may
determine that another person is an Authorized Individual who may be granted
routine access to UCNI, and who may further disseminate UCNI under the
procedures of paragraph (2) below. The recipient of UCNI from an Authorized
Individual is also an Authorized Individual for the specific UCNI to which routine
access has been granted. An Authorized Individual designates another person to be
an Authorized Individual by the act of giving that person UCNI. No explicit
designation or security clearance is required. This second Authorized Individual
may further disseminate UCNI under the procedures in the following paragraph.
Only those persons identified below may have routine access to UCNI.
(2) Eligibility for Routine Access. A person to be granted routine access to UCNI must
have a need to know the specific UCNI in the performance of official duties or of
DOE-authorized activities. In addition to the need-to-know requirement, the
person must meet at least one of the following requirements:
(a) U.S. Citizen. The person is a U.S. citizen who is one of the following:
1 A Federal employee or member of the U.S. Armed Forces.
2 An employee of a Federal contractor or subcontractor or an
employee of a prospective Federal contractor or subcontractor who
will use the UCNI for the purpose of bidding on a Federal contract
or subcontract.
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3 A Federal consultant or DOE advisory committee member.
4 A Member of Congress.
5 A staff member of a congressional committee or of an individual
Member of Congress.
6 The Governor of a State, his/her designated representative, or a
State government official.
7 A local government official or an Indian tribal government official.
Section 15
8 A member of a State, local, or Indian tribal law enforcement or
emergency response organization.
9 A DOE access permittee authorized under 10 CFR Part 725 to have
access to Restricted Data and is applicable to civil uses of atomic
energy.
(b) Other Than a U.S. Citizen. The person is other than a U.S. citizen and is
one of the following:
1 A Federal employee or a member of the U.S. Armed Forces.
2 An employee of a Federal contractor or subcontractor.
3 A Federal consultant or DOE advisory committee member.
(c) Other Than a U.S. Citizen and Otherwise Not Eligible for Routine Access.
The person may be other than a U.S. citizen who is not otherwise eligible
for routine access to UCNI under the above paragraph, but who requires
routine access to specific UCNI in conjunction with one of the following:
1 An international nuclear cooperative activity approved by the U.S.
Government.
2 U.S. diplomatic dealings with foreign government officials.
3 An agreement for cooperation under section 123 of the Atomic
Energy Act.
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4 Provisions of treaties, mutual defense acts, or Federal contracts or
subcontracts.
The Authorized Individual who desires to release UCNI to a person under
this paragraph shall coordinate such release with the Secretarial Officer with
cognizance over the information. In addition, the individual must
acknowledge in writing prior to receiving the UCNI that he/she agrees to
afford the UCNI an equivalent level of protection as required by this Order.
(3) Dissemination Limitations. An Authorized Individual may disseminate UCNI only
to another Authorized Individual or to a person granted special access to that UCNI
information (see paragraph 1b below).
(4) Access to UCNI Matter by Prospective Contractors in Bidrooms. To have access
to matter that contains UCNI in bidrooms, a prospective contractor desiring access
shall execute a self-certification that he/she is a U.S. citizen and will use the UCNI
only in a manner consistent with the requirements in 10 CFR Part 1017. This self-
certification shall be sent to the local contracting office.
(5) Deviation from Requirements. The Office of Safeguards and Security may approve
a waiver or recommend approval of an exception to any requirement for routine
access to specific UCNI. However, the Office of Safeguards and Security shall
obtain the concurrence of the Secretarial Officer having cognizance over the UCNI
prior to granting such a waiver for routine access to specific UCNI.
b. Special Access. Special access may be granted to individuals not authorized routine access
to UCNI. Examples of when special access might be granted include an attorney
representing an employee in litigation with the DOE or a representative of a public interest
group concerned about environmental issues at a DOE site.
(1) Submission of a Request. A person not authorized routine access to UCNI may
submit a request for special access to UCNI to the cognizant Secretarial Officer.
Such a request must include the following:
(a) Requester's name, current residence or business address, birthplace, birth
date, and country of citizenship.
(b) A description of the UCNI requested.
(c) A description of the purpose for which the UCNI is needed.
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(d) Certification by the requester of his/her understanding of, and willingness to
abide by, the requirements in 10 CFR Part 1017.
Section 16
(2) Granting a Request. The Secretarial Officer shall base his/her decision to grant
special access to UCNI on an evaluation of the following criteria:
(a) The sensitivity of the UCNI for which special access is being requested (i.e.,
the worst-case, adverse effect on the health and safety of the public or the
common defense and security that would result from unauthorized use of
the UCNI).
(b) The purpose for which the UCNI is needed (e.g., will the UCNI be used for
commercial or other private purposes or used for public benefit to fulfill
statutory or regulatory responsibilities).
(c) The likelihood of unauthorized dissemination by the requester.
(d) The likelihood of the requester using the UCNI for illegal purposes.
(3) Notification to the Office of Safeguards and Security. When special access is
approved by the Secretarial Officer, he/she shall provide the Office of Safeguards
and Security with the following information:
(a) Name of individual granted special access.
(b) Description of the UCNI.
(c) Date of approval.
(d) Justification for granting the request.
(4) Notification of Requester. Within 30 days of receipt of the request, the Secretarial
Officer shall notify the requester of the determination or, if a determination cannot
be made within 30 days, of the date when the determination will be made.
(5) Special Access Limitations. A person granted special access to specific UCNI is
not an Authorized Individual and shall not further disseminate the UCNI.
(6) Categorical Special Access Approval. Requests for categorical special access
approval shall be submitted to the Director of Safeguards and Security.
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(7) Notification of Responsibilities by Use of Cover Sheet. Each person granted special
access to UCNI shall be notified of applicable regulations concerning UCNI prior to
dissemination of the UCNI. Attaching a DOE F 5639.1, "Special Access Cover
Sheet," to the front of the matter containing UCNI prior to its transmittal to the
person constitutes notification.
2. PHYSICAL PROTECTION REQUIREMENTS. The following physical protection requirements
apply to matter containing UCNI and that may contain UCNI.
a. Protection in Use. An Authorized Individual shall maintain physical control over any
matter marked as containing UCNI so as to prevent unauthorized access to the information.
b. Protection in Storage. UCNI matter shall be stored to preclude disclosure. Storage of
such matter with other unclassified matter in unlocked receptacles, such as file cabinets,
desks, or bookcases, is adequate when Government or Government-contractor internal
building security is provided during non-duty hours. When such internal building security is
not provided, locked rooms or buildings provide adequate after-hours protection. If rooms
or buildings are not locked or otherwise controlled, UCNI matter shall be stored in locked
receptacles, such as file cabinets, desks, or bookcases.
c. Reproduction. Matter marked as containing UCNI may be reproduced without permission
of the originator to the minimum extent necessary consistent with the need to carry out
official duties. The reproduced matter must be marked and protected in the same manner
as the original matter. Copy machine malfunctions must be cleared with all paper paths
checked for UCNI material. Excess paper containing UCNI shall be destroyed as described
below.
Section 17
d. Destruction. At a minimum, UCNI matter must be destroyed by using strip cut shredders
that result in particles of no more than 1/4-inch wide strips. Other ways providing
sufficient destruction (e.g., an intact document buried in an onsite, controlled access
landfill) may be approved by the local security office. Note that the decision to dispose of
any DOE matter, whether or not it contains UCNI, must be consistent with the policies and
procedures for records disposition.
e. Transmission. Transmission shall be by means to preclude unauthorized disclosure or
dissemination.
(1) Outside a Facility.
(a) Matter marked as containing UCNI shall be packaged in a single, opaque
envelope or wrapping.
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(b) Any of the following U.S. mail methods may be used: U.S. First Class,
Express, Certified, or Registered Mail may be used.
(c) Any commercial carrier using a signature service may be used.
(d) An Authorized Individual or a person granted special access may hand-carry
the matter as long as he/she can control access to the matter being
transmitted.
(2) Within a Facility.
(a) A standard distribution envelope, such as the U.S. Government Messenger
Envelope (Standard Form No. 65-B) or equivalent, may be used.
(b) An Authorized Individual or a person granted special access may hand-carry
the matter as long as he/she can control access to the matter being
transmitted.
(3) Over Telecommunications Circuits. The use of telecommunications services,
including voice (telephonic, point-to-point), facsimile, narrative message,
communications facilities and radio communications, must consider and use the
most security readily available for the transmission of UCNI over this form of
media. These considerations include, but may not be limited to, physical, personnel,
administrative, and communications protective features and any other supplemental
controls established to provide an acceptable level of protection for UCNI. These
protective features must deter access to UCNI by unauthorized individuals and
restrict public releasability.
If UCNI is transmitted over public switched broadcast communications paths (e.g.,
Internet) then the information must be protected by encryption. In emergency
situations, facility management may make a determination to waive encryption
requirements.
f. Automated Information Systems (AIS). The AIS or AIS network must ensure that only
personnel authorized access to UCNI can access that information. For instance, networks
interconnected with a public switched - broadcast network - like Internet, must provide
provisions (e.g., authentication, file access controls, etc.) to ensure that UCNI is protected
against unauthorized access. UCNI being transmitted over broadcast networks like the
Internet, where unauthorized access is possible, must provide protection (e.g., encryption)
to ensure that the information is not improperly accessed.
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CHAPTER III
VIOLATIONS AND INFRACTIONS
1. VIOLATIONS. Violation means any knowing, willful, or negligent action that could reasonably
be expected to result in an unauthorized disclosure or UCNI; or any knowing willful, or negligent
action to control information as UCNI for prohibited reasons (see 10 CFR 1017.5). Violations
are reported under DOE O 470.1, SAFEGUARDS AND SECURITY PROGRAM. Heads of
Departmental Elements may recommend to the Office of Safeguards and Security the imposition
of a civil or criminal penalty for an alleged violation, as appropriate. The Director of Safeguards
and Security shall advise the Director of Security Affairs of each alleged violation. The Director
of Security Affairs may recommend the Secretary impose a civil penalty or seek imposition of the
criminal penalty by referring the matter to the Attorney General for investigation and prosecution.
Section 18
2. INFRACTIONS. Infraction means any knowing, willful, or negligent action contrary to the
requirements of this Order that does not comprise a violation. A DOE employee who commits an
infraction is subject to an administrative penalty as outlined in DOE 3750.1, WORK FORCE
DISCIPLINE; a DOE contractor employee who commits such an infraction is subject to such
penalty as the contractor may impose.
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CONTRACTOR REQUIREMENTS DOCUMENT
IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION
In the performance of this contract, a contractor shall do the following relative to Unclassified
Controlled Nuclear Information.
1. If formally appointed as a Classification Officer, serve as a Reviewing Official for information
under its cognizance. In addition, such a Classification Officer shall appoint other Reviewing
Officials in its organization, subordinate organizations, and subcontractors; inform these
Reviewing Officials of their responsibilities/ authorities; determine if additional training is
necessary and, if so, provide such training; and maintain a current list of all Reviewing Officials.
2. Use the three levels of UCNI Guidelines, as appropriate (see Attachment 1, Chapter I, part A,
for description and usage of each guideline), to review matter and identify what specific
Government information is UCNI, following provisions contained in Attachment 1, Chapter I,
part B.
3. Develop and issue UCNI Internal Guidelines, as necessary and with the approval of the Director
of Declassification, following the requirements found in Attachment 1, Chapter I, part A,
paragraph 4.
4. Apply UCNI markings to any unclassified matter that may contain or does contain UCNI
following the provisions contained in Attachment 1, Chapter I, part C.
5. Protect unclassified matter identified as UCNI following the provisions contained in Attachment
1, Chapter II.
6. Recommend to the local Security Office the imposition of a civil or criminal penalty for any
alleged knowing, willful, or negligent action that could reasonably be expected to result in an
authorized disclosure of UCNI or for any knowing, willful, or negligent action to control
information as UCNI for prohibited reasons (see 10 CFR 1017.5).
7. Impose a penalty as deemed appropriate on any contractor employee who commits a knowing,
willful, or negligent action which would not require the imposition of a civil or criminal penalty,
but which is still contrary to the requirements of this Contractor Requirements Document (CRD).
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TABLE OF CONTENTS
Chapter I - IDENTIFICATION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
Part A - Control of Information
1. Unclassified Controlled Nuclear Information Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
2. General Guideline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-1
3. Topical Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-2
4. Internal Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-2
5. Basis Citation Exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-4
6. Guidelines and Classification Guides . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-4
Section 19
Part B - Review of Matter
1. Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-5
2. Reviewing Officials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-5
3. Review of Matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-6
4. Denial of Matter by a Denying Official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-8
5. Joint Matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-8
6. Notification of Determination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-8
7. Matter Retired to a Repository . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-8
8. Widely Disseminated Matter or Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-8
Part C - Marking of Matter
1. Relationship to Other Types of Control Markings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-9
2. Unclassified Matter That May Contain Unclassified
Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-9
3. Unclassified Matter That Contains Unclassified
Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-10
4. Special Format Matter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-11
5. Transmittal Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-11
6. Use of Alternate Markings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-11
7. Unclassified Matter That No Longer Contains
Unclassified Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-12
8. Unclassified Matter That Does Not Contain
Unclassified Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-12
9. Existing Matter Containing Unclassified
Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-12
10. Upgrading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I-12
Chapter II - PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
1. Access to Unclassified Controlled Nuclear Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-1
2. Physical Protection Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II-5
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CHAPTER I
IDENTIFICATION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
Part A - Guidelines
Section 20
1. UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION GUIDELINES. Three levels of
UCNI guidelines shall be used by certain Reviewing Officials and all Denying Officials to review
matter: the General Guideline, Topical Guidelines, and Internal Guidelines. The General Guideline
contains topics based on control determinations. A Topical Guideline is usually based on the
General Guideline and identifies what specific Government information is UCNI in one or more
technical or programmatic areas. An Internal Guideline is based on Topical Guidelines or, if
necessary, the General Guideline, and identifies what specific Government information of interest
to the issuing organization is UCNI.
2. GENERAL GUIDELINE.
a. Purpose. The General Guideline identifies broad areas of information that are or are not
UCNI. In addition, the General Guideline shall be used as the basis for the following:
(1) Topical Guidelines and Internal Guidelines.
(2) A Preliminary Review Determination by any Reviewing Official in any subject area
where no Topical or Internal Guideline exists.
(3) A Final Review Determination by the Office of Declassification or by DOE Field
Element or contractor Classification Officers or their delegates in any subject area
where no Topical or Internal Guideline exists.
(4) A Denial Determination by any Denying Official in any subject area where no Topical
or Internal Guideline exists.
b. Originator/Approval Authority. The General Guideline is approved and issued by the Office
of Declassification.
c. Basis. The General Guideline is based on control determinations by the Director of
Declassification that information is or is not UCNI.
d. Uses.
(1) Preliminary Review Determination. A Reviewing Official may only use the General
Guideline to make a Preliminary Review Determination.
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(2) Final Review Determination. The Office of Declassification or the DOE Field
Element or contractor Classification Officers or their delegates may use the General
Guideline to make a Final Review Determination in any subject area where Topical or
Internal Guidelines do not exist.
(3) Denial Determination. A Denying Official may use the General Guideline to make a
Denial Determination in any subject area where Topical or Internal Guidelines do not
exist.
e. Identification Number. Each topic in the General Guideline that states that information is
UCNI shall include an identification number (e.g., GG #10).
3. TOPICAL GUIDELINES.
a. Purpose. A Topical Guideline identifies what information in a specific technical or program
area is or is not UCNI.
b. Originator/Approval Authority. The Office of Declassification approves and issues Topical
Guidelines.
c. Basis. A Topical Guideline is based on and is consistent with the General Guideline or
another Topical Guideline.
d. Uses.
(1) Final Review Determination. Any Reviewing Official may use a Topical Guideline to
make a Final Review Determination.
(2) Denial Determination. A Denying Official may use a Topical Guideline to make a
Denial Determination.
e. Basis Citation. Each topic in a Topical Guideline that designates information as UCNI shall
cite the General Guideline identification number on which it is based. A Topical Guideline
UCNI topic may also be based on a topic in another Topical Guideline; if so, it should cite
the other Topical Guideline topic and not a General Guideline topic. Each topic in a Topical
Guideline designated as UCNI shall include a Topical Guideline identification number (e.g.,
NV-TV #1) to be cited as the basis for either Topical or Internal Guideline topics.
Section 21
4. INTERNAL GUIDELINES.
a. Purpose. An Internal Guideline identifies information of interest to the issuing organization
that is or is not UCNI.
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b. Originator/Approval Authority. DOE Elements and DOE contractor organizations may
issue Internal Guidelines.
(1) The Office of Declassification shall approve each Internal Guideline before it is issued
or reissued. The Director of Declassification may delegate this authority in writing to
Field Element Classification Officers on a case-by-case basis.
(2) Internal Guidelines are not required to be issued by any organization if Topical
Guidelines and the General Guideline are adequate for the needs of the organization.
(3) Where UCNI Internal Guidelines are contained in a classification guide being revised
or reissued, the originator shall submit a copy of the joint classification/UCNI
guidance to the Office of Declassification for approval, even if the UCNI portion is
not being revised, to ensure that the UCNI portion conforms with current policy.
c. Basis. In general, an Internal Guideline is based on Topical Guidelines; however, where no
applicable Topical Guideline exists, an Internal Guideline may be based directly on the
General Guideline.
d. Uses.
(1) Preliminary Review Determination. Any Reviewing Official may only use another
organization's Internal Guideline to make a Preliminary Review Determination.
(2) Final Review Determination. Only the Office of Declassification, Reviewing Officials
within the issuing organization, and those Reviewing Officials who have been
authorized within the Internal Guideline or otherwise in writing by the issuing
organization may use an Internal Guideline to make a Final Review Determination.
(3) Denial Determination. Any Denying Official may use an Internal Guideline generated
by an organization under his/her cognizance to make a Denial Determination.
e. Basis Citation. Each topic in an Internal Guideline that states that information is UCNI shall
cite the General Guideline or Topical Guideline identification number on which the topic is
directly based.
f. Submission of Guideline for Approval. An organization that submits an Internal Guideline to
the Office of Declassification for review and approval shall include the following.
(1) The full text of the guideline (in joint classification/UCNI guidance, this includes the
entire guidance document).
(2) A justification for any deviations to current policy proposed in the draft guideline.
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(3) A contact point for requesting approval for use of the guideline by Reviewing
Officials not within the issuing organization or otherwise not authorized to use the
Internal Guideline.
(4) A contact point for requesting copies of the guideline.
g. Copies of the Guideline. Any organization that issues an Internal Guideline shall send the
Office of Declassification one floppy diskette in either ASCII or WordPerfect 5.1 or higher
format and five copies of the issued guideline.
5. BASIS CITATION EXCEPTION. UCNI guidelines approved prior to the issuance of this
Contractor Requirement Document (CRD) do not have to be revised merely to incorporate basis
citations as required in this CRD. However, basis citations must be added the next time these
guidelines are revised.
Section 22
6. GUIDELINES AND CLASSIFICATION GUIDES. A Topical or Internal Guideline and a
classification guide may be issued together in a single document. Such a document shall be titled to
clearly indicate that it contains both classification and UCNI guidance (i.e., Classification and
UCNI Guide for Project XYZ). UCNI topics in a program or topical classification guide are
Topical Guideline topics. UCNI topics in a local classification guide are Internal Guideline topics.
Approval and other requirements for joint classification/UCNI guidance are the same as they would
be if the classification and UCNI guidance were issued separately.
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Part B - Review of Matter
1. OVERVIEW. Any person who thinks that matter may contain UCNI should send it to a
Reviewing Official prior to release. A Reviewing Official makes a Preliminary or Final Review
Determination that the matter may contain, contains, or does not contain UCNI. In general,
Reviewing Officials base their reviews on Topical Guidelines and Internal Guidelines. These
guidelines contain detailed descriptions as to what information is or is not UCNI. If matter
containing UCNI is requested under a statute or Executive order, the Reviewing Official shall send
the matter to a Denying Official.
2. REVIEWING OFFICIALS.
a. Authority. A Reviewing Official with cognizance over information contained in matter (or as
appointed by the Office of Declassification) is authorized to make a Preliminary or Final
Review Determination that the matter may contain, contains, does not contain, or no longer
contains UCNI. A Preliminary Review Determination that matter may contain UCNI is
made only when no applicable Topical or Internal Guidelines (approved for use by the
Reviewing Official) exist. When such UCNI guidelines exist, the Reviewing Official shall
make a Final Review Determination. A Reviewing Official authorizes the application or
removal of UCNI markings to or from matter. Reviewing Official authority may not be
redelegated to anyone or exercised by a person acting for or in the absence of the Reviewing
Official.
b. Appointment of Reviewing Officials. Contractor Classification Officers shall appoint
additional Reviewing Officials as necessary in their organizations, subordinate organizations,
and subcontractors. Any individual in a position that requires Reviewing Official authority
should submit a request to the local Classification Officer following local procedures.
c. List of Current Reviewing Officials. Each appointing official shall maintain a current list of
all Reviewing Officials under his/her cognizance. This list shall include:
(1) name, title, and organization of each Reviewing Official;
(2) the effective date of the appointment; and
(3) any special instructions or limitations that apply to the appointment.
d. Termination of Appointment. Each Reviewing Official shall notify his/her appointing official
when vacating the position for which the authority was granted or when the position no
longer requires such authority.
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3. REVIEW OF MATTER.
a. Responsibilities of Originator or Possessor of Matter. Existing matter in a person's
possession is not required to be reviewed for UCNI. However, any person who thinks
unclassified matter he/she originates or possesses may contain UCNI, based on any
knowledge or experience of the UCNI program that the person may have, shall proceed as
follows.
Section 23
(1) Mark the Matter. The originator or possessor shall mark the matter as soon as
possible as described in Attachment 1, Chapter I, part C, paragraph 2a.
(2) Obtain a Review Determination.
(a) Newly Generated Matter. The originator of the matter shall send it to a
Reviewing Official when it is to be finalized, sent outside the originator's
organization, or filed.
(b) Existing Matter. The possessor of the matter shall send it to a Reviewing
Official when it is to be sent outside the possessor's organization or filed.
(NOTE: Matter retrieved from the files for reference, inventory, or similar
purposes does not have to be reviewed for UCNI as long as it will be returned
to the files.)
(c) Exception to Obtaining a Review Determination. A review determination is
not required of matter sent outside the originator's or possessor's organization
for destruction. However, any matter being destroyed that is not marked as
containing UCNI but that the originator or possessor believes may contain
UCNI shall be destroyed in accordance with procedures in Attachment 1,
Chapter II, paragraph 2d.
b. Responsibilities of the Reviewing Official. A Reviewing Official shall review matter
potentially containing UCNI and make a Preliminary or Final Review Determination based
on applicable UCNI guidelines authorized for use by the Reviewing Official.
(1) When to Make a Preliminary Review Determination. When no applicable Topical or
Internal Guidelines exist, a Reviewing Official shall make a Preliminary Review
Determination that matter may contain UCNI. The Reviewing Official may base such
a determination on General Guideline topics or on knowledge or experience in the
subject area covered by the matter. The Reviewing Official shall ensure that the
matter is marked as described in Attachment 1, Chapter I, part C, paragraph 2b.
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(2) When to Make a Final Review Determination. When applicable Topical and
Internal Guidelines exist, a Reviewing Official shall make a Final Review
Determination that matter contains, does not contain, or no longer contains
UCNI. The Reviewing Official shall ensure that the matter is marked as
described in Attachment 1, Chapter I, part C, paragraphs 3, 7, or 8.
(3) When a Final Review Determination is Needed and No Applicable Topical or
Internal Guidelines Exist. If a Final Review Determination for matter is
needed for any reason and no applicable Topical or Internal Guidelines exist,
the Reviewing Official shall send the matter and recommendations as to what
information should be UCNI to the local Classification Officer. The local
Classification Officer shall then determine whether the matter contains UCNI.
c. Review Responsibilities of Classification Officers.
(1) When General Guideline Topics Exist. A Classification Officer may make a
Final Review Determination that matter contains, does not contain, or no
longer contains UCNI based on applicable General Guideline topics. The
Classification Officer shall ensure that the matter is marked as described in
Attachment 1, Chapter I, part C, paragraphs 3, 7, or 8. A Classification
Officer may delegate this authority to Reviewing Officials on his/her
immediate staff; otherwise, this authority shall not be delegated.
Section 24
(2) When No Applicable General Guideline Topics Exist. If there is a specific
requirement for a Final Review Determination for the matter and no
applicable General Guideline topics exist, the Classification Officer shall send
the matter to the Office of Declassification with recommendations as to what
information should be UCNI. The Office of Declassification shall determine
whether it contains UCNI.
d. Scientific and Technical Reports. A Reviewing Official shall report to the Office of
Scientific and Technical Information and the originator the title, number, date,
originating organization, author, and UCNI status of any unclassified scientific and
technical report that he/she determines may contain, does contain, or no longer
contains UCNI.
e. Requests for Matter. A Reviewing Official shall review for UCNI any matter
containing information under his/her cognizance if the review is requested to fulfill
requirements based on a statute, Executive order, regulation, or directive. A
Reviewing Official may review for UCNI any matter containing information under
his/her cognizance whenever appropriate.
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4. DENIAL OF MATTER BY A DENYING OFFICIAL. Since UCNI is exempt from public
release, a Reviewing Official shall transmit to the appropriate Denying Official, as defined in
DOE 1700.1, FREEDOM OF INFORMATION PROGRAM, any matter determined by the
Reviewing Official to contain UCNI whose public release has been requested under statute
(e.g., the Freedom of Information Act) or Executive order. Prior to such transmittal, the
Reviewing Official shall bracket each reasonably segregable portion of the matter that
contains UCNI.
5. JOINT MATTER. A Reviewing Official shall coordinate the review of matter for
decontrol and public release with (a) the DOE or contractor organization or Federal agency
originating the matter and (b) each DOE or contractor organization or Federal agency
having cognizance over any information contained in the matter. The Director of Security
Affairs has the authority to resolve disagreements between Reviewing Officials or Denying
Officials as to whether or not the matter contains UCNI.
6. NOTIFICATION OF DETERMINATION. A Reviewing Official shall notify the originator
of any unclassified matter determined by the Reviewing Official to contain or to no longer
contain UCNI. To the extent practical, the originator of the matter should notify all holders
of the matter of the determination.
7. MATTER RETIRED TO A REPOSITORY. Any matter retired to a repository prior to
the date of this CRD is not required to be reviewed for UCNI while in the repository or
when retrieved from the repository for reference, inventory, or similar purposes as long as it
will be returned to the repository. However, any such unclassified matter that is requested
for release under a statute or Executive order which is likely to contain UCNI shall be
reviewed by a Reviewing Official; if determined to contain UCNI, it must be marked by the
repository personnel in accordance with this chapter upon notification that the matter
contains UCNI.
8. WIDELY DISSEMINATED MATTER OR INFORMATION.
a. Matter. Any matter widely disseminated in the public domain (e.g., a document that
is available in a public or university library) is exempt from control under this CRD
regardless of its content. The determination as to whether matter has been widely
disseminated is made by a Reviewing Official.
Section 25
b. Information. Widespread public dissemination of matter containing information
otherwise eligible for control as UCNI precludes control of the information as UCNI.
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Part C - Marking of Matter
1. RELATIONSHIP TO OTHER TYPES OF CONTROL MARKINGS.
a. Unclassified Matter. UCNI markings shall be applied to any unclassified matter that
may contain or contains UCNI regardless of any other unclassified control marking
(e.g., Official Use Only, company "confidential") that is also on the matter.
b. Classified Matter. UCNI markings shall not be applied to classified matter that
contains UCNI, unless such matter has been portion marked to indicate classification
level. In such cases, the acronym "UCNI" shall be used to indicate those unclassified
portions containing UCNI.
2. UNCLASSIFIED MATTER THAT MAY CONTAIN UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION.
a. Matter Pending Review.
(1) Front Marking. If a person thinks that unclassified matter may contain UCNI,
then prior to transmittal to a Reviewing Official, the person shall mark (a) a
blank sheet of paper attached to the front of the matter so as not to deface it
or (b) the front of the matter as follows:
NOT FOR PUBLIC DISSEMINATION
May contain Unclassified Controlled Nuclear Information
subject to section 148 of the Atomic Energy Act of 1954, as
amended (42 U.S.C. 2168). Approval by the Department of
Energy prior to release is required.
(2) Page Marking. No other front or internal page markings are required.
(3) Removal of Marking. This marking may be removed by (a) the person who
applied it or (b) a Reviewing Official who makes a Preliminary or Final
Review Determination.
b. Preliminary Review Determination.
(1) Front Marking. If a Reviewing Official determines that unclassified matter
may contain UCNI, the Reviewing Official shall ensure that the front of the
matter is marked as follows:
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NOT FOR PUBLIC DISSEMINATION
May contain Unclassified Controlled Nuclear Information subject
to section 148 of the Atomic Energy Act of 1954, as amended
(42 U.S.C. 2168). Approval by the Department of Energy prior
to release is required.
Reviewing
Official: ____________________________
(Name/Organization)
Date: ______________________________
(2) Page Marking. The marking "MAY CONTAIN UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION" shall be placed on the bottom of the front of the matter
and (a) on the bottom of each interior page of the matter or (b) if more convenient, on
the bottom of only those interior pages that may contain UCNI.
c. Removal of Preliminary Review Determination Markings. The markings may be removed by
the Reviewing Official who applied them or a Reviewing Official who makes a Final Review
Determination.
3. UNCLASSIFIED MATTER THAT CONTAINS UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION.
a. Front Marking. When a Reviewing Official makes a Final Review Determination that
unclassified matter contains UCNI, the Reviewing Official shall ensure that the front of the
matter is marked as follows:
UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
NOT FOR PUBLIC DISSEMINATION
Unauthorized dissemination subject to civil and criminal
sanctions under section 148 of the Atomic Energy Act of
1954, as amended (42 U.S.C. 2168).
Reviewing
Official: ____________________________
(Name/Organization)
Date: ______________________________
Section 26
b. Page Marking. The marking "UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION" or “UCNI” shall be placed on the bottom of the front of the matter and (1)
on the bottom of each interior page of the matter or (2) if more convenient, on the bottom of
only those interior pages that contain UCNI.
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c. Removal of Markings. The removal of these markings may be authorized by (1) the
Reviewing Official who applied them; (2) the local Classification Officer or his/her delegate; or
(3) a Denying Official.
4. SPECIAL FORMAT MATTER. Special formats of unclassified matter (e.g., photographs,
viewgraphs, films, magnetic tapes, floppy diskettes, audio or videotapes, slides) shall be marked to
the extent practical as described in paragraphs 2 and 3, above. Regardless of the precise markings
used in such cases, any special-format, unclassified matter that contains UCNI shall be marked so
that both a person in physical possession of the matter (e.g., markings on a viewgraph frame, a film
reel and its container) and a person with access to the information in or on the matter (e.g., markings
on the projected image of a slide, a warning on a film leader) are made aware that it contains UCNI.
When space is limited, as on a 35 mm slide, the marking, "UCNI," will suffice.
5. TRANSMITTAL DOCUMENTS. A document that (a) transmits matter marked as potentially
containing UCNI or as containing UCNI and (b) does not itself contain classified information or
UCNI shall be marked on its front as follows.
Matter transmitted may contain/contains Unclassified Controlled
Nuclear Information. When separated from enclosures, this
document is not UCNI.
6. USE OF ALTERNATE MARKINGS.
a. Conditions of Use. A Reviewing Official shall authorize the application of alternate markings
to unclassified matter determined by the Reviewing Official to contain UCNI only if both of
the following conditions are true.
(1) The matter is related to an atomic energy defense program, but does not contain any
information explicitly indicating this relationship.
(2) The fact of the relationship of the matter to an atomic energy defense program is itself
sensitive.
b. Alternate Markings. The following markings shall be used only if a Reviewing Official
determines that the conditions of use described above are satisfied. All other standard
markings specified in this chapter shall be used as appropriate.
(1) Alternate Determination Marking. The following marking shall be placed on the front
of the matter:
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NOT FOR PUBLIC DISSEMINATION
Unauthorized dissemination subject to civil and criminal sanctions
under 42 U.S.C. 2168.
(2) Alternate Page Marking. The following marking shall be placed on the bottom of the
front of the matter and (a) on each interior page of the matter or (b) on only those
interior pages that contain UCNI:
UNCLASSIFIED CONTROLLED INFORMATION
7. UNCLASSIFIED MATTER THAT NO LONGER CONTAINS UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION. A Reviewing Official may determine that unclassified matter marked
as containing UCNI no longer contains UCNI. In such a case, the official shall ensure that all UCNI
markings are removed or crossed out and that the front of the matter is marked as follows:
DOES NOT CONTAIN UNCLASSIFIED
CONTROLLED NUCLEAR INFORMATION
Reviewing
Official: _________________________
(Name/Organization)
Date: ____________________________
Section 27
8. UNCLASSIFIED MATTER THAT DOES NOT CONTAIN UNCLASSIFIED CONTROLLED
NUCLEAR INFORMATION. A Reviewing Official may determine that unclassified, unmarked
matter does not contain UCNI. No markings are required in such a case; however, for
documentation purposes, the Reviewing Official may mark the front of the matter with the same
marking used in paragraph 7 above.
9. EXISTING MATTER CONTAINING UNCLASSIFIED CONTROLLED NUCLEAR
INFORMATION. Matter originated prior to the date of this CRD which has not previously been
reviewed for UCNI shall be reviewed and appropriately marked when retrieved from the files for
active use or dissemination. Existing matter containing UCNI need not be reviewed and marked
when it is retrieved from the files for reference, inventory, or similar purposes as long as it will be
returned to the files.
10. UPGRADING. Any notification that directs that existing, unmarked matter be marked UCNI shall
itself be UCNI. Such a notification shall include:
(a) sufficient information to allow the holder of the matter to identify it,
(b) the name and organization of the Reviewing Official authorizing the upgrade, and
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(c) the date of the upgrade determination.
For notification distribution requirements, refer to Attachment 1, Chapter I, part B, paragraph 6.
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CHAPTER II
PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
1. ACCESS TO UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION. Access to
UCNI shall be provided only to those authorized routine or special access.
a. Routine Access. Routine access refers to the normal exchange of UCNI during the
conduct of official business and allows for further dissemination of UCNI if the
requirements in paragraph (2) below are met.
(1) Authorized Individual. Routine access to UCNI is granted by an Authorized
Individual, who may be the originator or any person in authorized possession
of the UCNI. A Reviewing Official is an Authorized Individual for matter
that the Reviewing Official determines to contain UCNI. An Authorized
Individual may determine that another person is an Authorized Individual who
may be granted routine access to UCNI, and who may further disseminate
UCNI under the procedures of paragraph (2) below. The recipient of UCNI
from an Authorized Individual is also an Authorized Individual for the specific
UCNI to which routine access has been granted. An Authorized Individual
designates another person to be an Authorized Individual by the act of giving
that person UCNI. No explicit designation or security clearance is required.
This second Authorized Individual may further disseminate UCNI under the
procedures in the following paragraph. Only those persons identified below
may have routine access to UCNI.
(2) Eligibility for Routine Access. A person to be granted routine access to
UCNI must have a need to know the specific UCNI in the performance of
official duties or of DOE-authorized activities. In addition to the
need-to-know requirement, the person must meet at least one of the following
requirements.
(a) U.S. Citizen. The person is a U.S. citizen who is one of the following:
1 A Federal employee or member of the U.S. Armed Forces.
2 An employee of a Federal contractor or subcontractor or an
employee of a prospective Federal contractor or subcontractor
who will use the UCNI for the purpose of bidding on a Federal
contract or subcontract.
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3 A Federal consultant or DOE advisory committee member.
4 A Member of Congress.
5 A staff member of a congressional committee or of an
individual Member of Congress.
6 The Governor of a State, his/her designated representative, or
a State government official.
7 A local government official or an Indian tribal government
official.
8 A member of a State, local, or Indian tribal law enforcement or
emergency response organization.
9 A DOE access permittee authorized under 10 CFR Part 725 to
have access to Restricted Data and is applicable to civil uses of
atomic energy.
(b) Other Than a U.S. Citizen. The person is other than a U.S. citizen
and is one of the following:
1 A Federal employee or a member of the U.S. Armed Forces.
2 An employee of a Federal contractor or subcontractor.
3 A Federal consultant or DOE advisory committee member.
(c) Other Than a U.S. Citizen and Otherwise Not Eligible for Routine
Access. The person may be other than a U.S. citizen who is not
otherwise eligible for routine access to UCNI under the above
paragraph, but who requires routine access to specific UCNI in
conjunction with one of the following.
1 An international nuclear cooperative activity approved by the
U.S. Government.
2 U.S. diplomatic dealings with foreign government officials.
3 An agreement for cooperation under section 123 of the
Atomic Energy Act.
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4 Provisions of treaties, mutual defense acts, or Federal
contracts or subcontracts.
The Authorized Individual who desires to release UCNI to a person
under this paragraph shall coordinate such release with the Secretarial
Officer with cognizance over the information. In addition, the
individual must acknowledge in writing prior to receiving the UCNI
that he/she agrees to afford the UCNI an equivalent level of
protection as required by this CRD.
(3) Dissemination Limitations. An Authorized Individual may disseminate UCNI
only to another Authorized Individual or to a person granted special access to
that UCNI information (see paragraph 1b below).
(4) Access to UCNI Matter by Prospective Contractors in Bidrooms. To have
access to matter that contains UCNI in bidrooms, a prospective contractor
desiring access shall execute a self-certification that he/she is a U.S. citizen
and will use the UCNI only in a manner consistent with the requirements in
10 CFR Part 1017. This self-certification shall be sent to the local contracting
office.
(5) Deviation from Requirements. The Office of Safeguards and Security may
approve a waiver or recommend approval of an exception to any requirement
for routine access to specific UCNI. However, the Office of Safeguards and
Security shall obtain the concurrence of the Secretarial Officer having
cognizance over the UCNI prior to granting such a waiver for routine access
to specific UCNI.
b. Special Access. Special access may be granted to individuals not authorized routine
access to UCNI. Examples of when special access might be granted include an
attorney representing an employee in litigation with the DOE or a representative of a
public interest group concerned about environmental issues at a DOE site.
(1) Submission of a Request. A person not authorized routine access to UCNI
may submit a request for special access to UCNI to the cognizant Secretarial
Officer. Such a request must include the following.
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(a) Requester's name, current residence or business address, birthplace,
birth date, and country of citizenship.
(b) A description of the UCNI requested.
(c) A description of the purpose for which the UCNI is needed.
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(d) Certification by the requester of his/her understanding of, and
willingness to abide by, the requirements in 10 CFR Part 1017.
(2) Granting a Request. The Secretarial Officer shall base his/her decision to
grant special access to UCNI on an evaluation of the following criteria.
(a) The sensitivity of the UCNI for which special access is being
requested (i.e., the worst-case, adverse effect on the health and safety
of the public or the common defense and security that would result
from unauthorized use of the UCNI).
(b) The purpose for which the UCNI is needed (e.g., will the UCNI be
used for commercial or other private purposes or used for public
benefit to fulfill statutory or regulatory responsibilities).
(c) The likelihood of unauthorized dissemination by the requester.
(d) The likelihood of the requester using the UCNI for illegal purposes.
(3) Notification to the Office of Safeguards and Security. When special access is
approved by the Secretarial Officer, he/she shall provide the Office of
Safeguards and Security with the following information.
(a) Name of individual granted special access.
(b) Description of the UCNI.
(c) Date of approval.
(d) Justification for granting the request.
(4) Notification of Requester. Within 30 days of receipt of the request, the
Secretarial Officer shall notify the requester of the determination or, if a
determination cannot be made within 30 days, of the date when the
determination will be made.
(5) Special Access Limitations. A person granted special access to specific
UCNI is not an Authorized Individual and shall not further disseminate the
UCNI.
(6) Categorical Special Access Approval. Requests for categorical special access
approval shall be submitted to the Director of Safeguards and Security.
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(7) Notification of Responsibilities by Use of Cover Sheet. Each person granted
special access to UCNI shall be notified of applicable regulations concerning
UCNI prior to dissemination of the UCNI. Attaching a DOE F 5639.1,
"Special Access Cover Sheet," to the front of the matter containing UCNI
prior to its transmittal to the person constitutes notification.
2. PHYSICAL PROTECTION REQUIREMENTS. The following physical protection
requirements apply to matter containing UCNI and that may contain UCNI.
a. Protection in Use. An Authorized Individual shall maintain physical control over any
matter marked as containing UCNI so as to prevent unauthorized access to the
information.
b. Protection in Storage. UCNI matter shall be stored to preclude disclosure. Storage
of such matter with other unclassified matter in unlocked receptacles, such as file
cabinets, desks, or bookcases, is adequate when Government or Government-
contractor internal building security is provided during non-duty hours. When such
internal building security is not provided, locked rooms or buildings provide adequate
after-hours protection. If rooms or buildings are not locked or otherwise controlled,
UCNI matter shall be stored in locked receptacles, such as file cabinets, desks, or
bookcases.
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c. Reproduction. Matter marked as containing UCNI may be reproduced without
permission of the originator to the minimum extent necessary consistent with the
need to carry out official duties. The reproduced matter must be marked and
protected in the same manner as the original matter. Copy machine malfunctions
must be cleared with all paper paths checked for UCNI material. Excess paper
containing UCNI shall be destroyed as described below.
d. Destruction. At a minimum, UCNI matter must be destroyed by using strip cut
shredders that result in particles of no more than 1/4-inch wide strips. Other ways
providing sufficient destruction (e.g., an intact document buried in an onsite,
controlled access landfill) may be approved by the local security office. Note that the
decision to dispose of any DOE matter, whether or not it contains UCNI, must be
consistent with the policies and procedures for records disposition.
e. Transmission. Transmission shall be by means to preclude unauthorized disclosure or
dissemination.
(1) Outside a Facility.
(a) Matter marked as containing UCNI shall be packaged in a single,
opaque envelope or wrapping.
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(b) Any of the following U.S. mail methods may be used: U.S. First
Class, Express, Certified, or Registered Mail may be used.
(c) Any commercial carrier using a signature service may be used.
(d) An Authorized Individual or a person granted special access may
hand-carry the matter as long as he/she can control access to the
matter being transmitted.
(2) Within a Facility.
(a) A standard distribution envelope, such as the U.S. Government
Messenger Envelope (Standard Form No. 65-B) or equivalent, may be
used.
(b) An Authorized Individual or a person granted special access may
hand-carry the matter as long as he/she can control access to the
matter being transmitted.
(3) Over Telecommunications Circuits. The use of telecommunications services,
including voice (telephonic, point-to-point), facsimile, narrative message,
communications facilities and radio communications, must consider and use
the most security readily available for the transmission of UCNI over this
form of media. These considerations include, but may not be limited to,
physical, personnel, administrative, and communications protective features
and any other supplemental controls established to provide an acceptable level
of protection for UCNI. These protective features must deter access to
UCNI by unauthorized individuals and restrict public releasability.
If UCNI is transmitted over public switched broadcast communications paths
(e.g., Internet) then the information must be protected by encryption. In
emergency situations, facility management may make a determination to
waive encryption requirements.
f. Automated Information Systems (AIS). The AIS or AIS network must ensure that
only personnel authorized access to UCNI can access that information. For instance,
networks interconnected with a public switched - broadcast network - like Internet,
must provide provisions (e.g., authentication, file access controls, etc.) to ensure that
UCNI is protected against unauthorized access. UCNI being transmitted over
broadcast networks like the Internet, where unauthorized access is possible, must
provide protection (e.g., encryption) to ensure that the information is not improperly
accessed.
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