Table of Contents

####

### CHAPTER 9

####

    Special Requirements

    Section 1. Restricted Data and Formerly Restricted Data

    9-100. General.

    This Section contains information and the requirements for

    safeguarding atomic energy information that is designated

    "Restricted Data" and "Formerly Restricted Data." Such information

    is classified under the authority of the Atomic Energy Act of 1954

    and is under the jurisdiction and control of the Department of

    Energy (DOE). For purposes of this Section, a distinction is made

    between National Security Information and atomic energy information

    as explained below.

    9-101. Authority and Responsibilities.

    a.   The Atomic Energy Act of 1954, as amended, provides for the

    development, use, and control of atomic energy. The Act establishes

    policy for handling atomic energy-related classified information

    designated as Restricted Data (RD) and Formerly Restricted Data

    (FRD). The Act provides responsibility to DOE to "control the

    dissemination and declassification of Restricted Data." In Section

    143 of the Act, the Secretary of Defense has the responsibility to

    establish personnel and other security procedures and standards

    that are in reasonable conformity to the standards established by

    the Department of Energy. This Section is intended to ensure

    reasonable conformity in policy and procedures used by contractors

    for the control of RD and FRD.

    b.   The Secretary of Energy and the Chairman of the Nuclear

    Regulatory Commission retain authority over access to information

    which is under their respective cognizance as directed by the

    Atomic Energy Act of 1954. The Secretary or the Commission may

    inspect and monitor contractor programs or facilities that involve

    access to such information or may enter into written agreement with

    the DOD to inspect and monitor these programs or facilities.

    9-102. Background Information.

    a.   The Atomic Energy Act is the basis for classification of

    atomic energy information as Restricted Data and Formerly

    Restricted Data. In accordance with the Atomic Energy Act, all

    atomic energy information is classified unless a positive action is

    taken to declassify it. This is directly opposite to procedures

    used for information classified by E.O. 12356. This is a

    significant difference that should be clearly understood. By the

    Act, Congress has decreed that atomic energy information is

    different -- it is "born classified," it remains classified until

    a positive action is taken to declassify it, and it may be

    declassified only by the Department of Energy. No other

    organization can declassify atomic energy information, and once it

    is declassified, it cannot be reclassified.

    b.   "Restricted Data" (RD) is defined in the Atomic Energy Act as

    follows:

         "The term Restricted Data means all data concerning, (1)

    design, manufacture, or utilization of atomic weapons; (2) the

    production of special nuclear material; or (3) the 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."

    c.   "Formerly Restricted Data" (FRD) is information which has been

    removed from the Restricted Data category after the DOE and the DOD

    have jointly determined that the information relates primarily to

    the military utilization of atomic weapons and can be adequately

    safeguarded as National Security Information in the United States.

    Such data may not be given to any other nation except under

    specially approved agreements and with the authorization of DOE.

    FRD is identified and handled as Restricted Data when sent outside

    the United States.

    9-103. Unauthorized Disclosures.

    Contractors shall report all unauthorized disclosures involving RD

    and FRD to the DOE or NRC through their CSA.

    9-104. International Requirements.

    The Act provides for a program of international cooperation to

    promote common defense and security and to make available to

    cooperating nations the benefits of peaceful applications of atomic

    energy as widely as expanding technology and considerations of the

    common defense and security will permit. Information controlled by

    the Act may be shared with another nation only under the terms of

    an agreement for cooperation. The disclosure by a contractor of RD

    and FRD shall not be permitted until an agreement is signed by the

    United States and participating governments and disclosure guidance

    and security arrangements are established. RD and FRD shall not be

    transmitted to a foreign national or regional defense organization

    unless such action is approved and undertaken pursuant to an

    agreement for cooperation between the United States and the

    cooperating entity and supporting statutory determinations as

    prescribed in the Act.

    9-105. Personnel Security Clearances.

    Only DOE, NRC, DoD, and NASA can grant access to RD and FRD.

    Contractors of all other federal agencies must be processed for

    PCLs by the DOE. The minimum investigative requirements and

    standards for access to RD and FRD are set forth below.

    a.   Top Secret RD-A favorable Single Scope Background

    Investigation (SSBI).

    b.   Secret RD-A favorable SSBI. (SRD as defined pursuant to the

    NISPOMSUP).

    c.   Confidential RD-A favorable NACC.

    d.   Top Secret FRD-A favorable SSBI.

    e.   Secret FRD-A favorable NACC.

    f.   Confidential FRD-A favorable NACC.

    DOE and NRC use the designation Q when a favorable access

    authorization determination has been conducted based on an SSBI and

    L when a favorable access authorization determination has been made

    based on an NACC.

    9-106. Classification.

    a.   Since RD is born classified, no classification category

    determination by a person with original classification authority is

    ever required for RD or FRD; however, an authorized classifier must

    determine the classification level. No date or event for automatic

    declassification ever applies to RD or FRD.

    b.   Only RD Classifiers appointed and trained under Government

    Agency procedures may derivatively classify material that contains

    RD. Any contractor employee authorized to derivatively classify NSI

    material may also derivatively classify FRD material. Such

    derivative classification determinations shall be based on

    classification guidance approved by the DOE or NRC and not on

    portion markings in a source document. If such classification

    guidance is not available and the information in the document meets

    the definition of RD, then the classifier shall, as an interim

    measure, mark the document as Confidential RD or, if the

    sensitivity of the information in the document so warrants, as

    Secret RD. Such document shall be promptly referred to the CSA who

    shall provide the contractor with the final determination based

    upon official published classification guidance.

    c.   RD and FRD are not limited to U.S. Government information.

    Contractors who develop RD, FRD, or an invention or discovery

    useful in the production or utilization of special nuclear material

    or atomic energy shall file a report with a complete description

    thereof with the DOE or the Commissioner of Patents as prescribed

    by the Act. Documents thought to contain RD or FRD shall be marked

    temporarily as such. Such documents shall be promptly referred to

    the CSA for a final determination based upon official published

    classification guidance.

    9-107. Declassification.

    Documents marked as containing RD and FRD remain classified until

    a positive action by an authorized person is taken to declassify

    them; no date or event for automatic declassification ever applies

    to RD and FRD documents. Only the DOE may declassify contractor

    documents marked as RD. Only the DOE or the DOD may declassify

    contractor documents marked as FRD. These authorities may be

    delegated on a case-by-case basis. Contractors shall send any

    document marked as RD or FRD that must be declassified or sanitized

    to the appropriate government contracting office.

    9-108. Transclassification.

    Transclassification occurs when information is removed from the RD

    category by a joint determination of DOE and DOD and placed in the

    FRD category in accordance with section 142d of the Atomic Energy

    Act. This information is primarily related to the military

    utilization of atomic weapons and can be adequately safeguarded as

    NSI. This authority is severely restricted and cannot be exercised

    by RD Classifiers. Contact the DOE for information.

    9-109. Marking.

    In addition to the markings specified in Chapter 4 for NSI,

    classified material containing RD and FRD shall be marked as

    indicated below:

    a.   Restricted Data. The following notice shall be affixed on

    material that contains Restricted Data. This may be abbreviated RD.

    Restricted Data

    This material contains Restricted Data as defined in the Atomic

    Energy Act of 1954. Unauthorized disclosure subject to

    administrative and criminal sanctions.

    Material classified as RD must indicate the classification guide

    and the authorized RD classifier. The following marking shall be

    applied:

              Classified by:          (guide)

              Classifier:         (name and title)

    b.   Formerly Restricted Data. The following notice shall be

    affixed on material which contains Formerly Restricted Data. This

    may be abbreviated FRD.

         Formerly Restricted Data

         Unauthorized disclosure subject to administrative and criminal

         sanctions. Handle as Restricted Data in foreign dissemination.

         Section 144b, AEA 1954.

    Material classified as FRD must indicate the classification guide.

    The following marking shall be applied:

         Classified by:          (guide)

    c.   Documents shall be marked to indicate CNWDI, Sigmas, and NNPI,

    as applicable.

    9-110. Automated Information Systems.

    See the NISPOMSUP for AIS requirements for TSRD and SRD.

    9-111. Physical Security.

    See the NISPOMSUP for physical security requirements for TSRD and

    SRD.

    Section 2. DOD Critical Nuclear Weapon Design Information

    9-200. General.

    This Section contains the special requirements for protection of

    Critical Nuclear Weapon Design Information (CNWDI).

    9-201. Background.

    CNWDI is a DoD category of TOP SECRET Restricted Data or SECRET

    Restricted Data that reveals the theory of operation or design of

    the components of a thermonuclear or fission bomb, warhead,

    demolition munition, or test device. Specifically excluded is

    information concerning arming, fuzing, and firing systems; limited

    life components; and total contained quantities of fissionable,

    fusionable, and high explosive materials by type. Among these

    excluded items are the components that DoD personnel set, maintain,

    operate, test or replace. The sensitivity of DoD CNWDI is such that

    access shall be granted to the absolute minimum number of employees

    who require it for the accomplishment of assigned responsibilities

    on a classified contract. Because of the importance of such

    information, special requirements have been established for its

    control. (DoD Directive 5210.2 establishes these controls in the

    DoD).

    9-202. Briefings.

    Prior to having access to DoD CNWDI, employees shall be briefed on

    its sensitivity by the FSO or his or her alternate. (The FSO will

    be initially briefed by a Government representative.) The briefing

    shall include the definition of DoD CNWDI, a reminder of the

    extreme sensitivity of the information, and an explanation of the

    individual's continuing responsibility for properly safeguarding

    DoD CNWDI and for ensuring that dissemination is strictly limited

    to other personnel who have been authorized for access and have a

    need-to-know for the particular information. The briefing shall

    also be tailored to cover any special local requirements. Upon

    termination of access to DoD CNWDI, the employee shall be given an

    oral debriefing that shall include a statement of: a. The purpose

    of the debriefing; b. The serious nature of the subject matter that

    requires protection in the national interest; and c. The need for

    caution and discretion.

    9-203. Markings.

    In addition to other markings required by this Manual, CNWDI

    material shall be clearly marked, "Critical Nuclear Weapon Design

    Information-DoD Directive 5210.2 Applies." As a minimum, CNWDI

    documents shall show such markings on the cover or first page.

    Portions of documents that contain CNWDI shall be marked with an

    (N) or (CNWDI) following the classification of the portion. For

    example, TS(RD)(N) or TS(RD)(CNWDI).

    9-204. Subcontractors.

    Contractors shall not disclose CNWDI to subcontractors without the

    prior written approval of the GCA. This approval may be included in

    a Contract Security Classification Specification, other

    contract-related document, or by separate correspondence.

    9-205. Transmission Outside the Facility.

    Transmission outside the contractor's facility is authorized only

    to the GCA, or to a subcontractor as approved by 9-204 above. Any

    other transmission must be approved by the GCA. Prior to

    transmission to another cleared facility, the contractor shall

    verify from the CSA that the facility has been authorized access to

    CNWDI. When CNWDI is transmitted to another facility, the inner

    wrapping shall be addressed to the personal attention of the FSO or

    his or her alternate, and in addition to any other prescribed

    markings, the inner wrapping shall be marked: "Critical Nuclear

    Weapon Design Information-DoD Directive 5210.2 Applies." Similarly,

    transmissions addressed to the GCA or other U.S. Government agency

    shall bear on the inner wrapper the marking, "Critical Nuclear

    Weapon Design Information-DoD Directive 5210.2 Applies."

    9-206. Records.

    Contractors shall maintain a record of all employees who have been

    authorized access to CNWDI, and the date of the special

    briefing(s). These records shall be retained for 2 years following

    the termination of employment and/or the termination of the

    individual's clearance or access, as applicable.

    9-207. Weapon Data.

    That portion of RD or FRD that concerns the design, manufacture, or

    utilization (including theory, development, storage,

    characteristics, performance, and effects) of atomic weapons or

    atomic weapon components and nuclear explosive devices is called

    Weapon Data and it has special protection provisions. Weapon Data

    is divided into eight Sigma categories the protection of which is

    prescribed by DOE Order 5610.2, CONTROL OF WEAPON DATA. However,

    certain Weapon Data has been re-categorized as CNWDI and is

    protected as described in this Section.

    Section 3. Intelligence Information

    9-300. General.

    This Section contains general information on safeguarding

    Intelligence Information. Intelligence Information is under the

    jurisdiction and control of the Director of Central Intelligence

    (DCI) pursuant to Executive Order (E.O.) 12333, "United States

    Intelligence Activities."

    9-301. Definitions.

    The following definitions are extracts from E.O. 12333, DCI

    Directives (DCIDs), and DoD Directives pertaining to Intelligence

    Information.

    a.   Foreign Intelligence. Information relating to the

    capabilities, intentions, and activities of foreign powers,

    organizations, or persons, but not including counterintelligence

    except for information on international terrorist activities.

    b.   Counterintelligence. Those activities that are concerned with

    identifying and counteracting the threat to security posed by

    foreign intelligence services or organizations or by individuals

    engaged in espionage, sabotage, or subversion.

    c.   Intelligence Information. Intelligence Information includes

    the following classified information: (1) Foreign intelligence and

    counterintelligence as defined in E.O. 12333; (2) Information

    describing U.S. foreign intelligence and counterintelligence

    activities, sources, methods, equipment, or methodology used for

    the acquisition, processing, or exploitation of such intelligence;

    foreign military hardware obtained for exploitation; and

    photography or recordings resulting from U.S. intelligence

    collection efforts; and (3) Information on Intelligence Community

    protective security programs (e.g., personnel, physical, technical,

    and information security). (Such information is collected,

    processed, produced or disseminated by the Director of Central

    Intelligence and other agencies of the Intelligence Community under

    the authority of E.O. 12333.)

    d.   Intelligence Community. As identified in E.O. 12333, the

    Central Intelligence Agency (CIA); the National Security Agency

    (NSA); the Defense Intelligence Agency (DIA); offices within the

    DoD for the collection of specialized national foreign intelligence

    through reconnaissance programs; the Bureau of Intelligence and

    Research (INR) of the Department of State; the intelligence

    elements of the Army, Navy, Air Force, and Marine Corps, the

    Federal Bureau of Investigation (FBI), the Department of the

    Treasury, and the Department of Energy (DOE); and the staff

    elements of the Director of Central Intelligence (DCI).

    e.   Senior Officials of the Intelligence Community (SOICs). The

    heads of organizations in the Intelligence Community.

    f.   Senior Intelligence Officer (SIO). The highest ranking

    military or civilian individual charged with direct foreign

    intelligence missions, functions, or responsibilities within an

    element of the Intelligence Community.

    g.   Sensitive Compartmented Information (SCI). Classified

    Intelligence Information concerning or derived from intelligence

    sources, methods, or analytical processes, which is required to be

    handled within formal access control systems established by the

    Director of Central Intelligence.

    h.   SCI Facility (SCIF). An accredited area, room, group of rooms,

    or installation where SCI may be stored, used, discussed, and/or

    processed.

    9-302. Background.

    DCID 1/7, "Security Controls on the Dissemination of Intelligence

    Information," establishes policies, controls, procedures, and

    control markings for the dissemination and use of intelligence to

    ensure that it will be adequately protected. DCID 1/14, "Minimum

    Personnel Security Standards and Procedures Governing Eligibility

    for Access to Sensitive Compartmented Information," establishes

    personnel security standards for personnel requiring access to SCI.

    Access to SCI must be approved by the SOICs. DCID 1/19, "Security

    Policy for Sensitive Compartmented Information," establishes

    policies and procedures for the security, use, and dissemination of

    SCI.

    9-303. Control Markings Authorized for Intelligence Information.

    a.   "Warning Notice-Intelligence Sources or Methods Invoved"

    (WNINTEL). This marking is used only on Intelligence Information

    that identifies or would reasonably permit identification of an

    intelligence source or method that is susceptible to

    countermeasures that could nullify or reduce its effectiveness.

    This marking may be abbreviated as "WNINTEL" or "WN." This marking

    may not be used in conjunction with special access or sensitive

    compartmented information (SCI) controls.

    b.   "DISSEMINATION AND EXTRACTION OF INFORMATION CONTROLLED BY

    ORIGINATOR" (ORCON). This marking may be used only on Intelligence

    Information that clearly identifies or would reasonably permit

    ready identification of an intelligence source or method that is

    particularly susceptible to countermeasures that would nullify or

    measurably reduce its effectiveness. This marking may be

    abbreviated as "ORCON" or "OC."

    c.   "NOT RELEASABLE TO CONTRACTORS/CONSULTANTS" (NOCONTRACT). This

    marking may be used only on Intelligence Information that is

    provided by a source on the express or implied condition that it

    not be made available to contractors; or that, if disclosed to a

    contractor, would actually or potentially give him/her a

    competitive advantage, which could reasonably be expected to cause

    a conflict of interest with his/her obligation to protect the

    information. This marking may be abbreviated as "NOCONTRACT" or

    "NC."

    d.   "CAUTION - PROPRIETARY INFORMATION INVOLVED" (PROPIN). This

    marking is used, with or without a security classification, to

    identify information provided by a commercial firm or private

    source under an express or implied understanding that the

    information will be protected as a trade secret or proprietary data

    believed to have actual or potential value. This marking may be

    used in conjunction with the "NOCONTRACT" marking to preclude

    dissemination to any contractor. This marking may be abbreviated as

    "PROPIN" or "PR."

    e.   "NOT RELEASABLE TO FOREIGN NATIONALS" (NOFORN). This marking

    is used to identify Intelligence Information that may not be

    released in any form to foreign governments, foreign nationals, or

    non-U.S. citizens. This marking may be abbreviated "NOFORN" or

    "NF."

    f.   "AUTHORIZED FOR RELEASE TO (name of country(ies)/international

    organization)" (REL). This marking is used to identify Intelligence

    Information that an originator has predetermined to be releasable

    or has released, through established foreign disclosure procedures

    and channels, to the foreign/international organization indicated.

    This marking may be abbreviated "REL (abbreviated name of foreign

    organization)."

    9-304. Limitation on Dissemination of Intelligence Information.

    A contractor is not authorized to further disclose or release

    classified Intelligence Information (including release to a

    subcontractor) without prior written authorization of the releasing

    agency.

    9-305. Safeguarding Intelligence Information.

    All classified Intelligence Information in the contractor's

    possession shall be safeguarded and controlled in accordance with

    the provisions of this Manual for classified information of the

    same classification level, with any additional requirements and

    instructions received from the GCA, and with any specific

    restrictive markings or limitations that appear on the documents

    themselves.

    9-306. Inquiries.

    All inquiries concerning source, acquisition, use, control or

    restrictions pertaining to Intelligence Information shall be

    directed to the releasing agency.

    Table of Contents