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Status: In contract, 01-Jun-05

Summary of Order

The purpose of DOE O 471.3 Identifying and Protecting OUO Information is to establish requirements for identifying and marking to facilitate protecting the information and exempting it from Freedom of Information Act (FOIA) requests. The order is supplemented by a manual on OUO.

LBNL Implementation

Not applicable per C31 Reform; LBNL does not create OUO.

 ClauseImplementationStatus
1

Determine whether unclassified documents created and/or handled in the performance of this contract contain Official Use Only (OUO) information. (See Chapter I, paragraphs 2a and 2b, of the CRD for DOE M 471.3-1, Manual for Identifying and Protecting Official Use Only Information, dated 4-9-03.)

Our implementation memo details our analysis on OUO at Berkeley Lab.

(tick)
2

Ensure that documents determined to contain OUO information are marked appropriately. (See Chapter I, paragraph 4, of the CRD for DOE M 471.3-1.) Except for Unclassified

Controlled Nuclear Information (UCNI) and Naval Nuclear Propulsion Information (NNPI), OUO markings are the only markings to be used to designate documents containing unclassified controlled information. Additional markings that are based on law, regulation, or other DOE CRD that convey additional advice on handling or access restrictions (e.g., “Protected CRADA Information,” “Export Controlled Information”) are allowed.

Not applicable per C31 Reform

(tick)
3

Ensure that documents determined to no longer warrant protection as OUO have their markings removed. [See Chapter I, paragraphs 4g(1) and 4g(2) of the CRD for DOE M 471.3-1.]

Not applicable per C31 Reform

(tick)
4

Ensure that access to (a) documents marked as containing OUO information or (b) OUO information from such documents is only provided to those persons who need to know the information to perform their jobs or other DOE-authorized activities.

Not applicable per C31 Reform

(tick)
5

Ensure that documents marked as containing OUO information and other-Agency documents with equivalent markings [e.g., “For Official Use Only” (FOUO) from the Department of Defense; “Sensitive But Unclassified” (SBU) from the Department of State; “Limited Official Use” (LOU) from the Department of Justice] are protected. (See Chapter II, paragraph 2, of the CRD for DOE M 471.3-1.)

Staff receive annual training on receiving and handling OUO that covers our OUO Management and Storage Requirements which are required by our policy on Controlled and Prohibited Information Categories.(tick)
6

Ensure that a request for a variance (i.e., an alternate or equivalent means of meeting a requirement) or waiver from any requirements in the CRD for DOE O 471.3 or DOE M 471.3-1 are provided to the appropriate Secretarial Officer. Such request must (a) identify the requirement for which a variance or waiver is being requested; (b) explain why the variance or waiver is needed; and (c) if requesting a variance, describe the alternate or equivalent means for meeting the requirement.

Any request for variance would follow this process.(tick)
7

Impose an administrative penalty, as appropriate, if (a) OUO information from a document marked as containing OUO information is intentionally released to a person who does not need to know the information to perform his or her job or other DOE-authorized activities, (b) a document marked as containing OUO information is intentionally or negligently released to a person who does not need to know the information to perform his or her job or other DOE-authorized activities, (c) a document that is known to contain OUO information is intentionally not marked, or (d) a document that is known to not contain OUO information is intentionally marked as containing such information.

Not applicable per C31 Reform(tick)

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