Changing our marking requirements will be costly. At Sandia National Laboratories we have identified 14 categories of Unclassified Controlled Information. There is a significant impact to the line based on Chapter I.4.g. We currently have documents marked:

Applied Technology (DOE G 241.1)
Attorney-Client and/or Work Product Privileged Information
Confidential Foreign Government Information-Modified Handling (CFGI/MOD) (see DOE M 471.2-1C)
Export Controlled Information
Legal Process Protected Information
Naval Nuclear Propulsion Information (see DOE M 471.2-1C)
Non-Sandia Proprietary Information (Specific Nondisclosure Agreement (NDA) under which all Proprietary Information is provided to Sandia)
Official Use Only Information (per CG-SS-4)
Patent Caution Information (35 U.S.C. [section 205])
Protected Cooperative Research and Development Agreement (CRADA)
Information (National Competitiveness Technology Transfer Act of 1989, as well as the Stevenson-Wydler Technology Innovation Act of 1980, Public Law 101-189, as implemented by Title 15 USC Section 3710a)
Safeguards Information (10 CFR 73.21)
Small Business Innovation Research (SBIR) Information (The Small Business Innovation Act of 1982, as amended by the current Small Business Act of October 15, 2001, Public Law 85-536, Section 9 (k) (4) and implemented by Title 15 USC 638), provides for the creation and protection of SBIR and STTR)
Unclassified Controlled Nuclear Information (UCNI) (see DOE M 471.1-1, 10 CFR Part 1017, 'Identification and Protection of Unclassified Controlled Nuclear Information) ]]>

Using Official Use Only (OUO) to protect sensitive information isn't as strong as using the requirements of the pertinent law to protect the information. I believe that using the Freedom of Information Act Exemptions as the tool to protect UCNI, Export Controlled or Safeguards Information is weaker than using the actual laws to indicate why the information is protected and how. What is the benefit of using this back door approach via the Freedom of Information Act Exemptions, rather than using the front door approach of citing the legal requirements?

The following comment is from Ron Williams, Dept. 3132 Classification and Information Security. It meets the criteria of meeting policy objectives and missions.
Subject Matter Expert ronwill@sandia.gov The order indicates that OUO categories are those that are exempt from FOIA. Since the majority of information residing in the DOE complex would only be controlled due to the 'Export Administration Act' (which is not the FOIA exemption), it appears the OUO order will not protect much DOE information. Is that the intent of the author of the order? ]]>

3. For mandatory determinations, the information should be automatically exempt from FOIA and not have to go through a review process for the exemption. ]]>