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National Security Information Handbook

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NSI <strong>Handbook</strong><br />

<strong>Security</strong> Classification<br />

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The OCA reviewing a classification challenge shall provide a written response to<br />

a challenger, via the NSI Program Team, within 60 days<br />

­ If the OCA is unable to complete the classification challenge review within 60<br />

days, the OCA must notify the NSI Program Team and provide a reasonable<br />

date to complete the review<br />

­ If the challenger is not satisfied with the decision, the challenger may request<br />

a review by an impartial official or panel assigned by the Director, SMD<br />

­ The NSI Program Team will inform the challenger of the OCA's expected<br />

timeframe and inform him/her that if no response from the OCA is received<br />

within 120 days, he/she has the right to forward the challenge to ISCAP for a<br />

decision<br />

­ The challenger may also forward the challenge to ISCAP if the NSI Program<br />

Team has not responded to an internal appeal within 90 days of receipt of the<br />

appeal<br />

Denied challenges shall include, at a minimum:<br />

­ A concise reason for denial of the challenge, unless such reason would reveal<br />

additional classified information<br />

­ The names or titles of the officials reviewing the challenge<br />

­ The challenger's rights to appeal<br />

The NSI Program Team shall inform the challenger of their appeal rights<br />

9. Challengers and the OCA should attempt to keep all challenges, appeals, and<br />

responses unclassified; however, classified information contained in a challenge, an<br />

agency response, or an appeal, shall be handled and protected in accordance with this<br />

handbook. <strong>Information</strong> being challenged on the basis of classification shall remain<br />

classified until a final decision is made to declassify the information.<br />

Section 3: Derivative Classification<br />

2-300 Derivative Classification Principles<br />

1. Derivative classification is reproducing, extracting, or summarizing information that<br />

is already classified. Marking the newly developed information must be consistent<br />

with the classification markings that apply to the source information.<br />

2. The duplication of existing classified information is not derivative classification, and<br />

must be treated in the same manner as the originally classified information.<br />

3. With the appropriate security clearance, EPA employees involved in the production<br />

or generation of information based on previously classified information are<br />

authorized to derivatively classify information without conferring with the OCA.<br />

4. The overall classification markings and portion markings of the source document<br />

shall supply adequate classification guidance to the derivative classifier. If portion<br />

markings or classification guidance are not found in the source document and no<br />

reference is made to an applicable classification guide, guidance should be obtained<br />

from the originator of the source document. If such markings or guidance are not<br />

2-9

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