10 C.F.R. § 1017.16 Access to unclassified controlled nuclear information.
Title 10 - Energy
(a) Routine access. (1) A Reviewing Official is an Authorized Individual for documents or material that the Reviewing Official determines to contain UCNI. (2) An Authorized Individual, for UCNI in his or her possession or control, may determine that another person is an Authorized Individual who may be granted access to the UCNI, subject to the following limitations, and who may further disseminate the UCNI under the provisions of this section. The person to be granted routine access to the UCNI must— (i) Have a need-to-know in the performance of official duties or DOE authorized activities for the UCNI to which routine access is to be granted; and (ii) Be a U.S. citizen who is— (A) A Government employee or a member of the U.S. Armed Forces; (B) An employee of a Government contractor or subcontractor, or of a prospective Government contractor or subcontractor for the purpose of bidding on a Government contract or subcontract; (C) A Government consultant or DOE advisory committee member; (D) A Member of Congress; (E) A staff member of a congressional committee or of an individual Member of Congress; (F) The Governor of a State, his or her designated representative, or a State government official; (G) A local government official or an Indian tribal government official; (H) A member of a State, local, or Indian tribal law enforcement or emergency response organization; or (I) A DOE access permittee authorized access by the Secretary under part 725 of this title to Restricted Data applicable to civil use of atomic energy; or (iii) Be a person who is not a U.S. citizen but who is— (A) A Government employee or a member of the U.S. Armed Forces; (B) An employee of a Government contractor or subcontractor; or (C) A Government consultant or DOE advisory committee member; or (iv) Be a person who is not a U.S. citizen but who may be granted routine access to UCNI by an Authorized Individual in conjunction with— (A) An international nuclear cooperative activity approved by the Government; (B) U.S. diplomatic dealings with foreign government officials; (C) An agreement for cooperation under section 123 of the Atomic Energy Act; or (D) Provisions of treaties, mutual defense acts, Government contracts or subcontracts. (3) The Secretary may impose additional administrative controls concerning the granting of routine access to UCNI by an Authorized Individual to a person who is not a U.S. citizen. (4) An Authorized Individual may only disseminate UCNI to another Authorized Individual or to a person granted special access to UCNI under paragraph (b) of this section. (5) The Assistant Secretary for Defense Programs may waive any of the requirements for determination of routine access to UCNI specified in paragraph (a) of this section. (b) Special access. (1) A person not authorized routine access to UCNI under paragraph (a) of this section may submit a request for special access to UCNI to the— Assistant Secretary for Defense Programs, U.S. Department of Energy, Washington, DC 20585 (2) Such a request must include— (i) The name, current residence or business address, birthplace, birthdate, and country of citizenship of the person submitting the request; (ii) A description of the UCNI for which special access is being requested; (iii) A description of the purpose for which the UCNI is needed; and (iv) Certification by the requester of his or her understanding of and willingness to abide by these regulations. (3) The Assistant Secretary for Defense Programs shall base his or her decision to grant special access to UCNI on an evaluation of— (i) The sensitivity of the UCNI for which special access is being requested (i.e., the worst-case, adverse effect on the health and safety of the public or the common defense and security which would result from illegal use of the UCNI); (ii) The purpose for which the UCNI is needed (e.g., will the UCNI be used for commercial or other private purposes or will it be used for public benefit to fulfill statutory or regulatory responsibilities); (iii) The likelihood of unauthorized dissemination by the requester of the UCNI; and (iv) The likelihood of the requester using the UCNI for illegal purposes. (4) The Assistant Secretary for Defense Programs shall attempt to notify a person who requests special access to UCNI within 30 days of receipt of the request as to whether or not special access to the requested UCNI is granted. If a final determination on the request cannot be made within 30 days or receipt of the request, the Assistant Secretary for Defense Programs shall notify the requester, within 30 days of the request, as to when the final determination on the request may be made. (5) A person granted special access to UCNI is not an Authorized Individual under paragraph (a) of this section and shall not further disseminate the UCNI. (c) Notification of responsibilities—(1) Routine access. An Authorized Individual granting routine access to UCNI to another person under paragraph (a) of this section shall notify each person granted such access (other than when the person being granted such access is a Government employee, a member of the U.S. Armed Forces, or an employee of a Government contractor or subcontractor) of applicable regulations and orders concerning UCNI and of any special redistribution limitations that the Authorized Individual determines to apply for the specific UCNI to which routine access is being granted. (2) Special access. The Assistant Secretary for Defense Programs shall notify each person granted special access to UCNI under paragraph (b) of this section of applicable regulations concerning UCNI prior to dissemination of the UCNI to the person. (d) Other persons. Persons not granted routine access to UCNI under paragraph (a) of this section or special access to UCNI under paragraph (b) of this section shall not have access to UCNI.
Title 10: Energy
PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
§ 1017.16 Access to unclassified controlled nuclear information.
