The following definitions apply to this part:
Agency means any "executive agency" as defined in 5 U.S.C. 105 ; any "Military Department" as defined in 5 U.S.C. 102 ; and any other entity within the executive branch that has access to RD, FRD, or TFNI information or matter.
Associate RD Management Official (ARDMO) means a person appointed in accordance with agency policy to assist the RD Management Official (RDMO) with managing the implementation of this part within that agency.
Atomic Energy Act (AEA) means the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.).
Automatic Declassification means the declassification of NSI based on a specific date, event, or timeframe, in accordance with E.O. 13526, or prior or successor orders.
Classification means the act or process by which information or matter is determined to require protection as RD, FRD, or TFNI, under the AEA or as NSI under E.O. 13526 or prior or successor orders.
Classification category identifies whether information is classified by statute or E.O. The classification categories are: RD, FRD, TFNI (classified by the AEA), and NSI (classified by E.O.).
Classification guidance means any instruction or source approved by an appropriate authority that prescribes the classification of specific information (e.g., classification guide, classification bulletins, portion-marked source documents).
Classification guide means a written record of detailed instructions, approved by an appropriate authority, that explicitly identifies whether specific information is classified, usually concerning a system, plan, project, or program. If classified, the level and category of classification assigned to such information is specified. For NSI, the classification duration is also specified.
Classified information means:
Classification level means one of the three following designators for RD, FRD, and TFNI:
Classified matter means anything in physical or electronic form that contains or reveals classified information.
Contractor means any industrial, educational, commercial, or other entity, grantee, or licensee at all tiers, including a person that has executed an agreement with the Federal Government for the purpose of performing under a contract, license, or other agreement.
Declassification means a determination by an appropriate authority that:
DOE means the Department of Energy.
Director, Office of Classification, means DOE's Director, Office of Classification.
Director, Office of Environment, Health, Safety and Security means DOE's Director for Environment, Health, Safety and Security or any person to whom the Director's duties are delegated.
Downgrading means:
Formerly Restricted Data (FRD) means classified information removed from the RD category under the AEA (section 142(d)), after DOE and DoD jointly determine it is related primarily to the military utilization of nuclear weapons and that the information can be adequately protected in a manner similar to NSI.
Government means the executive branch of the Federal Government of the United States.
Government information means information that is owned by, produced by or for, or is under the control of the U.S. Government.
Information means facts, data, or knowledge, as opposed to the medium in which it is contained.
Initial determination means the process used by the Director, Office of Classification, to determine if new information is RD. New information that falls under the definition of RD is presumed classified as RD until the Director, Office of Classification makes the initial determination as to its classification status.
Interagency Security Classification Appeals Panel (ISCAP) means a Panel established and administered pursuant to E.O. 13526 and prior or successor E.O.s to perform functions specified in the order with respect to NSI.
Matter means any combination of physical documents, electronic instances of information or data (including email) at rest or in transit, or information or data presentation or representation regardless of physical form or characteristics.
National security means the national defense or foreign relations of the United States.
National Security Information (NSI) means information that has been determined pursuant to E.O. 13526 or prior or successor E.O.s to require protection against unauthorized disclosure and is marked to indicate its classification status.
Nuclear weapon means atomic weapon.
Originating activity, for the purpose of RD, FRD, or TFNI, means any development of specific matter (e.g., report, guide) within an organization, working group, or between persons, including coordination of a product for classification review.
Person means:
Portion marking means the application of certain classification markings to reasonably segregable sections of matter (e.g., paragraphs, phrases, sentences). This also includes any markings required by national policy to control portions of unclassified information.
Restricted Data (RD) 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, except for data declassified or removed from the RD category pursuant to section 142 of the AEA.
RD Derivative Classifier means a person specifically trained and, when required, designated to derivatively classify matter containing RD or FRD in areas in which they have programmatic expertise.
RD Management Official (RDMO) means a person appointed by an agency to be responsible for managing the implementation of this part within the agency.
Secretary means the Secretary of Energy.
Source document means existing classified, portion-marked matter that contains classified information that is incorporated, paraphrased, restated, or generated in new form into new matter.
Special nuclear materials means special nuclear material as defined in the AEA.
Transclassified Foreign Nuclear Information (TFNI) means:
TFNI guideline means a policy document that describes information which meets the TFNI criteria for various collection assets.
Upgrading means:
10 C.F.R. §1045.30