INDEX
PART E - DERIVATIVE CLASSIFICATION DETERMINATIONS
1. AUTHORITY. An Original or Derivative Classifier may derivatively
classify documents or material which contain information within his or
her programmatic jurisdiction that contain RD, FRD, or NSI at any
classification level up to and including the level (Top Secret, Secret,
Confidential) of the classifier's authority.
2. PROCEDURES. The following questions must be answered as part of every
derivative classification determination. Refer to Figure X-3 for an
idealized summary of this process. Note that the following process must
be repeated for every potentially classified portion in a document or
material.
a. Is the information within the classifier's programmatic
jurisdiction?
(1) If the answer is "no," the information should be forwarded to
the classifier's local classification office.
(2) If the answer is "yes," go on to the next question.
b. Does the portion contain or reveal any information, regardless of
whether or not it appears to be classified, which is only under the
programmatic jurisdiction of the DOE or its predecessor agencies?
(1) If the answer is "no," are applicable source documents or
other agency classification guides available and authorized
for the classifier's use?
(a) If so, these guides/source documents shall be used as the
basis for making a derivative classification
determination for those portions which are under the
purview of the other agency.
(b) If not, the document or material under review shall be
referred to SA-20 for interagency coordination.
(2) If the answer is "yes," go on to the next question.
c. Does the portion contain or reveal information within the scope of
the definition of RD?
(1) If the answer is "yes," does it contain or reveal information
that has been removed from the RD category under section 142a
of the Atomic Energy Act?
(a) If so, the portion is prohibited from being reclassified
as RD, FRD, or NSI by section 146 of the Atomic Energy
Act.
(b) If not, go on to the next question.
(2) If the answer is "no," go on to the next question.
d. Can the portion be derivatively classified by use of a DOE program,
local, or other agency classification guide authorized for the
classifier's use?
(1) If the answer is "yes," the classifier shall derivatively
classify the document or material at the classification level
and category and, if NSI, for the duration specified by the
instructions and/or topics in the applicable classification
guide. When classifiers are in doubt about the proper
interpretation of classification guide topics, they should
protect at the higher level and refer the matter promptly to
the next higher classification authority. SA-20 is the final
authority for determining proper classification.
(2) If the answer is "no," go on to the next question.
e. Does the portion contain or reveal information still within the
scope of the definition of RD?
(1) If the answer is "yes," and no applicable guidance exists, the
information in the portion may not have been declassified.
The classification status of the document or material is
unclear, and it should be referred to the local classification
office for review and classification. Such documents should
be handled as RD pending review.
(2) If the answer is "no," go on to the next question.
f. Can the portion be derivatively classified on the basis of
information classified source document which in substance is the
same as the information in the portion?
(1) If the answer is "yes," the classifier shall derivatively
classify the portion at the same classification level and
category and, if NSI, for the same duration as that specified
for the classified source document. When in doubt about the
proper classification of information extracted from a
classified source document, a determination should be
requested from its classifier. If the classifier cannot be
determined, the matter should be referred to the next higher
classification authority.
(2) If the answer is "no," go on to the next question.
g. Does the portion contain or reveal information sufficiently
sensitive to be considered for original classification as NSI?
(1) If the answer is "yes," the information shall be processed as
an original classification determination. Refer to Chapter X,
Part D, pages X-25 thru X-28. An individual with Original
Classification Authority must make such a determination.
(2) If the answer is "no," the portion under review should not be
classified, but other restrictions may apply.
h. The above process must be repeated for every potentially classified
fact or concept contained in or revealed by a document or other
material. Upon completion of the process, the overall
classification level and category and, if NSI, the duration of
classification of the document or material can be determined.
(1) The overall classification level of a document or material is
the highest classification level of any information it
contains or reveals, regardless of the classification category
of that information (Top Secret, higher than Secret, higher
than Confidential). (Note: In some subject areas, it is
possible that an authoritative compilation from wholly
unclassified sources may be classified.)
(2) The overall classification category of a document or material
is the most restrictive classification category of any
information it contains or reveals, regardless of the
classification level of that information (RD higher than FRD;
FRD higher than NSI).
(3) The duration for which a document or material is classified is
the longest duration of classification for any specific
information contained in or revealed by that document or
material. Note that no duration of classification is
specified for a document in the RD or FRD category, even if it
also contains NSI. For example, a report containing
information that is Confidential RD and other information that
is Secret NSI/Declassify in 10 Years would have an overall
classification level and category of Secret RD, with no
specified declassification date even though no information in
the report is classified Secret-Restricted Data.
**** NOTE:
ATTACHMENT OF FIGURE X-3 - DERIVATIVE CLASSIFICATION OF DOCUMENT OR
MATERIAL (PAGE X-32) IS NOT INCLUDED DUE TO ITS FORMAT.