---
kind: "section"
citation: "10 C.F.R. § 1045.120"
title: "10"
number: "1045.120"
heading: "What training is required for persons who have access to or who derivatively classify matter containing RD, FRD, or TFNI?"
url: "https://uscodex.org/cfr/10/1045.120"
---

# §1045.120. What training is required for persons who have access to or who derivatively classify matter containing RD, FRD, or TFNI?

- (a) Prior to being authorized access to RD and FRD, a person must receive training that explains:
  - (1) What information is potentially RD and FRD;
  - (2) Matter that potentially contains RD or FRD must be reviewed by an RD Derivative Classifier to determine whether it contains RD or FRD;
  - (3) DOE must review matter that potentially contains RD or TFNI for public release and DOE or DoD must review matter that potentially contains FRD for public release;
  - (4) RD Derivative Classification authority is required to classify or upgrade matter containing RD or FRD, or to downgrade the level of matter containing RD or FRD;
  - (5) Only a person trained in accordance with this section, may classify matter containing TFNI;
  - (6) Matter containing RD, FRD, and TFNI is not automatically declassified and only DOE authorized persons may downgrade the category or declassify matter marked as containing RD; only DOE or DoD authorized persons may downgrade the category or declassify matter marked as containing FRD;
  - (7) How to submit a challenge if they believe RD, FRD, or TFNI information (e.g., a guide topic) or matter containing RD, FRD, or TFNI is not properly classified; and
  - (8) **Access requirements for matter marked as containing RD or FRD.**
- (b) Each person with access to RD and FRD must also receive periodic refresher briefings covering these same topics.
- (c) In addition to the training in [paragraph (a)](#a) of this section, prior to derivatively classifying matter containing RD, or FRD and every 2 years thereafter, each RD Derivative Classifier must also receive training that explains:
  - (1) The use of classification guides, classification bulletins, and portion-marked source documents to classify matter containing RD and FRD;
  - (2) What to do if applicable classification guidance is not available;
  - (3) Limitations on an RD Derivative Classifier's authority to remove RD or FRD portions from matter; and
  - (4) **Marking requirements for matter containing RD and FRD.**
- (d) Prior to having access to TFNI, and periodically thereafter, each person must receive the following training (which may be combined with the training required for access to RD or FRD):
  - (1) What information is potentially TFNI;
  - (2) Only a person with appropriate training may determine if matter contains TFNI;
  - (3) Marking requirements for matter containing TFNI;
  - (4) Matter containing TFNI is not automatically declassified and only DOE authorized persons may downgrade the category or declassify matter marked as containing TFNI; and
  - (5) How to submit a challenge if they believe TFNI information (e.g., a guide topic) or matter containing TFNI is not properly classified.
- (e) In addition to the training in [§ 1045.120(d)](#d), prior to derivatively classifying matter containing TFNI and every 2 years thereafter, each person who derivatively classifies matter containing TFNI must also receive training that explains:
  - (1) The markings applied to matter containing TFNI;
  - (2) Limitations on their authority to remove TFNI portions from matter;
  - (3) Only DOE authorized persons may determine that classified matter no longer contains TFNI;
  - (4) Only DOE authorized persons may declassify matter marked as containing TFNI; and
  - (5) DOE must review matter that potentially contains TFNI for public release.

## Notes

### Authority

Authority: 42 U.S.C. 2011; E.O. 13526, 75 FR 705, 3 CFR 2010 Comp., pp. 298-327.

### Source

Source: 83 FR 66007, Dec. 21, 2018, unless otherwise noted.