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Current as of January 02, 2025 | Updated by Findlaw Staff
(a) If DOE has reviewed the information contained in the requested matter for declassification within the past 2 years, DOE need not conduct another review. DOE may instead inform the requester of this fact and of the prior review decision, as well as advise the requester of his or her appeal rights as provided in § 1045.210.
(b)DOE performs an MDR as follows:
(1) Conducts a line-by-line review of the matter;
(2) Coordinates the review with appropriate programs and agencies, as necessary;
(3) Identifies and withholds any information that meets the standards for classification;
(4) Declassifies any NSI that no longer meets the standards for classification under E.O. 13526 or successor orders and any RD, FRD, or TFNI that no longer meets the standards for classification under this part;
(5) If the matter also contains unclassified information that is potentially exempt from release under the FOIA, the matter is further processed to ensure unclassified information that is exempt from public release is identified and that the appropriate officials responsible for denying any unclassified portion of the matter are provided and listed with the notice of denial.
(6) Upon completion of the review, releases the matter to the requester unless withholding is authorized by law. If NSI, RD, FRD, or TFNI, is withheld, the response must advise the requester of his or her appeal rights under § 1045.210.
Cite this article: FindLaw.com - Code of Federal Regulations Title 10. Energy § 10.1045.205 How does DOE conduct an MDR review? - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-10-energy/cfr-sect-10-1045-205/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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