Classification of Nuclear WeaponsRelated Information

1
Classification of Nuclear Weapons-Related
Information
Restricted Data/Formerly Restricted Data
Lesley Nelson-Burns NCMSDOE Office of
Classification June 2006
2
Purpose

• To familiarize individuals who may come in
  contact with Restricted Data and Formerly
  Restricted Data with the procedures for
  identifying, classifying, marking, handling, and
  declassifying documents containing that
  information as required by the Atomic Energy Act
  and 10 CFR Part 1045

3
Categories of Classified Information

• Restricted Data (RD)
• Formerly Restricted Data (FRD)

• National Security Information (NSI)

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Agency Roles
DOE-Manages Government- RD
wide RD/FRD classification
and declassification system
DOE/DoD-Joint
responsibility FRD for
identifying and declassifying
FRD
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E.O. 12958 does NOT apply to RD and FRD

• Section 6.2(a) specifically excludes RD/FRD from
  ALL provisions of the Executive order, including
  automatic declassification
• Documents containing RD or FRD are not marked
  with a declassification date or event (even if
  NSI is present)
• Positive action by an authorized person is
  required to declassify RD or FRD documents

6
Restricted Data

• The Atomic Energy Act defines Restricted Data
  as all data concerning
• Design, Manufacture, or Utilization of Atomic
  Weapons
• Production of Special Nuclear Material or
• Use of Special Nuclear Material in the Production
  of Energy

but shall not include data declassified or
removed from the Restricted Data category
pursuant to section 142
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Major Areas of Restricted Data

• Nuclear Weapons Design
• Nuclear Material Production
• Isotope Separation
• Naval Reactors

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Transclassification

• The term Restricted Data means all data
  concerning the design, manufacture, or
  utilization of atomic weapons the production of
  special nuclear material or the use of special
  nuclear material in the production of energy

but shall not include data declassified or
removed (transclassified) from the Restricted
Data category pursuant to section 142
Section 142.d Joint determination with DoD (FRD)
Section 142.e Joint determination with DNI (NSI)
9
TransclassificationFormerly Restricted Data
(FRD) - Section 142.d

• CLASSIFIED information which has been removed
  from the Restricted Data category after DOE and
  DoD jointly determine that it
• 1) relates primarily to the military utilization
  of atomic weapons and
• 2) can be adequately safeguarded as defense
  information

FORMERLY DOES NOT MEAN UNCLASSIFIED
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Examples of Formerly Restricted Data

• Stockpile quantities
• Weapons safety storage
• Yields
• Locations

Caution Historical information may still be
classified FRD
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Classification and Marking Documents Containing
RD or FRD
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RD Management Officials

• Heads of Agencies with access to RD and FRD
  designate RD Management Officials who
• Designate RD classifiers and ensure RD
  classifiers have appropriate training and
  guidance
• Ensure persons with access to RD and FRD have
  appropriate training

13
Classification of RD and FRD Documents

• Documents generated in an RD or FRD subject area
  require a classification review
• Review must be by an RD Classifier

If intended for public release, documents that
have the potential to contain RD require a review
by DOE prior to release documents that have the
potential to contain FRD require a review by DOE
or DoD prior to release.
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Requirements for RD Classifiers

• RD Classifiers must
• Be designated in writing by position or by name
  as an RD Classifier by an RD Management Official
• Be knowledgeable in the subject area(s)
• Be trained in RD and FRD classification policy
  (RD Classifiers Course)
• Possess appropriate classification guidance

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Requirements for RD Classifiers DoD Exception

• Any member of the military, DoD civilian, or
  designated DoD contractor may classify an RD or
  FRD document if they
• Have access to RD or FRD
• Are knowledgeable in the subject area(s)
• Have received training
• Possesses appropriate classification guidance

Designation must be in writing by the RD
Management Official
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Classification of RD and FRD Documents

• RD Classifiers must base determinations on
• Classification guides or
• Source documents
• If there no guidance is available, the RD
  Classifier must contact the RD Management
  Official
• If further guidance is needed, the RD Management
  Official contacts DOE for a determination

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Classification Guides

• DOE Guides

• Joint Guides

• Other Agency Guides with RD and FRD Topics

All classification guides with RD or FRD topics
must be coordinated with DOE
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Source Documents

• Use only if use of classification guide is not
  practical
• Be careful of classified associations of
  otherwise unclassified information

SECRET-FRD
SECRET-RD
UNCLASSIFIED
Source Document 2
Source Document 1
__________________
(U)
This report discusses
__________________
The U.S. has weapons
(U)
weapons with a dial-a-yield

with a dial-a-yield (DAY)

(U)
The B-110 is an air-delivery
(DAY) capability
capability

weapon

___________________
The B-110 is an air-delivery
(U)
___________________
weapon
___________________
___________________

UNCLASSIFIED
SECRET-RD
SECRET-FRD
Note Markings on this page are for training
purposes only.
fictitious weapon
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Determinations for Information Without Guidance

• Initial determinations by DOE for RD
• Jointly by DOE/DoD for FRD

• 1

• 2

Promulgate Guidance
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Marking Documents Containing RD or FRD

• Front page
• Interior pages
• Portion Marking

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RD and FRD Documents Front Page Markings
Overall document level (top bottom)
Note Markings on this page are for training
purposes only.
SECRET
Subject Marking of RD or FRD
Documents (U)
June 1997
RD classifiers name position/title
RD or FRD Admonishment
RESTRICTED DATA
This document contains Restricted Data as
defined in the Atomic Energy Act of 1954, as
amended. Unauthorized disclosure is subject
to administrative and criminal sanctions.
FORMERLY RESTRICTED DATA
Unauthorized disclosure subject to administrative
and criminal sanctions. Handle as Restricted
Data
in Foreign Dissemination. Section 144.b, Atomic
Energy Act, 1954.
Guide or source used to classify document and date

RD Classifier Joe Smith, Director, NN-162
(Name and Position/Title)
Note NO date for automatic
declassification
Derived From CG-W-5, dated Oct. 16, 1995
(Classification Guide and Date)
SECRET
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Classification Category and Level Precedence Rule
Category
Level

• Highest level is TS, then S, then C
• Most restrictive category is RD, then FRD, then
  NSI

S C S CRD SNSI SRD
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Abbreviations
Top Secret Restricted Data - TSRD Formerly
Restricted Data - TSFRD National Security
Information - TS Secret Restricted Data -
SRD Formerly Restricted Data - SFRD National
Security Information - S Confidential Restricted
Data - CRD Formerly Restricted Data -
CFRD National Security Information - C
Note The use of a - or / between the level
category is acceptable (e.g., S-RD,
S/RD, etc.)
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RD and FRD Documents Interior Page Markings
Page level and category
SECRET-RD
(U) (C) (CFRD) (C)
OR
SECRET-RD
Note Markings on this page are for training
purposes only.
Overall document classification level and category
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RD and FRD Documents Portion Marking

• Agency Option
• Not required by the Atomic Energy Act or 10 CFR
  Part 1045
• If used, level and category designations are
  required for each RD or FRD portion

Unclassified Secret National Security
Information Confidential Restricted
Data Confidential Formerly Restricted Data
Note Markings on this page are for training
purposes only.
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Critical Nuclear Weapon Design Information
(CNWDI)

• A category of weapon data used by DoD to
  designate TSRD or SRD revealing the theory of
  operation or design of the components of a
  thermonuclear or fission bomb, warhead,
  demolition munitions, or test device
• Access to CNWDI is on a need-to-know basis
• Special DoD briefing is required
• Documents containing CNWDI must be marked and
  stored accordingly

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Special CNWDI Markings
Front Page
Portion Markings
SECRET-RD
(U) (SRD) (CFRD) (SRD) (N)
Special Markings
SECRET-RD
Note Markings on this page are for training
purposes only.
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Protecting RD and FRD Documents

• Access/clearance
• Transmitting
• Handling
• Training

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Access to RD and FRD Documents

• Ensure access only given to individuals with
  appropriate clearance
• Limit access to need-to-know

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Access Requirements
Category Top Secret Secret Confidential
Restricted Data Q Q L Formerly Restricted
Data Q L L
Eligibility for a DOE Q Clearance is
based on a single scope background investigation
(SSBI) Eligibility for a DOE L clearance
is based as a minimum on a National Agency Check
(NAC)
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RD Access Requirements DoD Exceptions

• Final Top Secret or Final Secret Clearance
• CNWDI briefing for CNWDI access

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Transmitting RD or FRD to Other Agencies

• Sender is responsible for ensuring
• The receiving facility is cleared for RD or FRD
• The recipient has appropriate clearance and access

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Handling RD and FRD Documents

• Storage requirements are the same as for NSI
• Procedures for mailing RD and FRD are the same as
  NSI at comparable classification levels
• Only TS, SAP, and use control information must
  fall under an accountability system
• Loss or compromised RD or FRD must be reported to
  DOE
• Recommend do not mix with NSI documents scheduled
  for automatic declassification

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Training Requirements

• Each person with access to RD or FRD must be
  trained in the following procedures for RD/FRD
  information
• classifying,
• declassifying,
• marking, and
• handling
• DOE provides training material upon request
• DOE reviews RD-related training materials upon
  request

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Declassification of RD and FRD Documents

• Authority
• Guidance
• Marking

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Authority to Declassify RD and FRD Documents

• Requires positive action by an authorized person
• RD
• Only authorized persons within DOE
• FRD
• Only authorized persons within DOE or DoD
• May not use source documents for declassification

No automatic declassification
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Sample Declassification Markings
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Other Considerations

• RD transclassified to NSI
• NSI on certain foreign government nuclear
  programs
• International Exchange of RD/FRD
• No comment policy
• Challenges to classification
• Sanctions
• DOE courses for other agencies
• Suggestions and comments

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Transclassification

• The term Restricted Data means all data
  concerning the design, manufacture, or
  utilization of atomic weapons the production of
  special nuclear material or the use of special
  nuclear material in the production of energy

but shall not include data declassified or
removed (transclassified) from the Restricted
Data category pursuant to section 142
Section 142.e Joint determination with DNI (NSI)
Section 142.d Joint determination with DoD (FRD)
40
TransclassificationNational Security Information
- Section 142.e

• (Intelligence Information)
• CLASSIFIED information removed from the
  Restricted Data category after the DOE and the
  DNI jointly determine that it
• concerns the atomic energy programs of other
  nations, and
• can be adequately safeguarded as defense
  information

41
NSI Information on Foreign Government Nuclear
Program

• Classified NSI by EO 12958
• Probably exempt from automatic declassification
  under E.O. 12958 (25X2)
• Some countries could be RD (UK)
• An analysis could make it RD
• Should be referred to qualified RD Classifier for
  determination

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International Exchange Limitations

• There shall be no exchange of RD or FRD with any
  nation or regional defense organization unless
  specifically authorized by the President pursuant
  to an agreement for cooperation entered in
  accordance with section 123 and subsection 144.b
  of the Atomic Energy Act.

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No Comment Policy

• Classified information may appear in the public
  domain
• Fact itself is classified
• Does not make it unclassified
• Must not comment on the accuracy, classification,
  or technical merit of the information

44
Challenges to Classification

• Any person with access to RD or FRD may challenge
  an RD Classifiers decision
• The RD Classifier must respond within 90 days
• Appeal to RD Classifiers response can be made to
  DOE
• There will be no retribution

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Sanctions

• Any knowing, willful, or negligent action
  contrary to the requirements of 10 CFR Part 1045
  which results in the misclassification of
  information may result in sanctions
• Appropriate criminal, civil, and/or
  administrative penalties for misclassification
  violations
• Administrative sanctions possible for other
  violations of the policies and procedures of 10
  CFR Part 1045

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DOE Courses

• Classification of Nuclear Weapons-Related
  Information (RD/FRD)
• Restricted Data Classifiers Course
• Covers policy and procedures of being an RD
  Classifier. It is offered through the DOE for
  educational purposes only. To become an RD
  Classifier, individuals must contact the RD
  Management Official for their agency.
• RD/FRD Recognition and Records Processing Seminar
  
• To qualify individuals to conduct page-by-page
  reviews of historical records under E.O. 12958
  that are not likely to contain RD/FRD.
  Instructor led or videotape and study package
• Certification Course for Historical Records
  Restricted Data Reviewers
• 4 day instructor led course required for
  individuals conducting page-by-page reviews of
  historical records under E.O. 12958 in
  collections likely to contain RD/FRD

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Suggestions or Comments

• Suggestions or comments on RD or FRD
  classification or declassification policies or
  procedures can be made to an RD Management
  Official or directly to DOE
• Suggestions/comments should include
• Description of the problem
• Suggestion or comment
• All applicable background information
• Address for the response
• DOE address Outreach Program, SP-51/ Germantown
  Building, 1000 Independence Avenue, SW.,
  Washington, DC 20585-1290

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DOE Points of Contact

• DOE Outreach HotlineFor RD Awareness Materials,
  Briefings or Classification Guides, or
  questions)....[phone]
• outreach_at_hq.doe.gov
• Report Compromised or Lost RD...(301
  ) 903-3767
• Verify that a Facility is Cleared for
  RD..[phone]
• Security Clearance Access Questions..
  [phone]
• Approval for Transmission of RD outside the U.S.
  .,,,..[phone]

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QUESTIONS