10 C.F.R. § 1017.3 Definitions.
Title 10 - Energy
As used in this part— (a) Atomic Energy Act means the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.). (b) Atomic Energy Defense Programs means activities, equipment, and facilities of the DOE or other Government agencies utilized or engaged in support of the— (1) Development, production, testing, sampling, maintenance, repair, modification, assembly, utilization, transportation, or retirement of nuclear weapons or components of nuclear weapons; (2) Production, utilization, or transportation of nuclear material for military applications; or (3) Safeguarding of activities, equipment, or facilities which support the functions in paragraphs (b)(1) and (b)(2) of this section, including the protection of nuclear weapons, components of nuclear weapons, or nuclear material for military applications at a fixed facility or in transit. (c) Authorized Individual means a person who has been granted routine access to UCNI under §1017.16(a). (d) Component means any operational, experimental, or research-related part, subsection, design, or material used in the manufacture or utilization of a nuclear weapon, nuclear explosive device, or nuclear weapon test assembly. (e) Controlling Official means an individual authorized under §1017.7(a) to make a determination that specific Government information is, is not, or is no longer UCNI, such determination serving as the basis for determinations by a Reviewing Official that a document or material contains, does not contain, or no longer contains UCNI. (f) Denying Official means an individual authorized under §1017.12(b) to deny a request made under statute or Executive order for all or any portion of a document or material containing UCNI. (g) Document or Material means the physical medium on or in which information is recorded, or a product or substance which contains or reveals information, regardless of its physical form or characteristics. (h) Formerly Restricted Data means a category of information classified under section 142 d. of the Atomic Energy Act. (i) Government means the Executive Branch of the United States Government. (j) Government Information means any fact or concept, regardless of its physical form or characteristics, that is owned by, produced by or for, or otherwise controlled by the United States Government. (k) In Transit means the physical movement of a nuclear weapon, a component of a nuclear weapon, or nuclear material from one part to another part of a facility or from one facility to another facility. An item is considered “in transit” until it has been relinquished to the custody of the authorized recipient at its ultimate destination. An item in temporary storage pending shipment to its ultimate destination is “in transit.” (l) National Security Information means a category of information classified under Executive Order 12356, “National Security Information,” or its successor executive orders. (m) Nuclear Material means special nuclear material, byproduct material, or source material as defined by sections 11 aa., 11e., and 11z., respectively, of the Atomic Energy Act, or any other material used in the production, testing, utilization, or assembly of nuclear weapons or components of nuclear weapons that the Secretary determines to be nuclear material under §1017.10(a). (n) Nuclear Weapon means atomic weapon. (o) Physical Security means the combination of operational and security equipment, personnel, and procedures used to protect facilities, information, documents, or material against theft, sabotage, diversion, or other criminal acts. (p) Restricted Data means a category of information classified under section 142 of the Atomic Energy Act. (q) Reviewing Official means an individual authorized under §1017.12(a) to make a determination, based on guidelines which reflect decisions of Controlling Officials, that a document or material contains UCNI. (r) Safeguards means an integrated system of physical protection, personnel reliability, accountability, and material control measures designed to deter, prevent, detect, and respond to unauthorized access, diversion, or possession of a nuclear weapon, a component of a nuclear weapon or nuclear material. (s) Secretary means the Secretary of Energy. (t) Unauthorized Dissemination means the intentional or negligent transfer, in any manner, by any person, of information contained in a document or material determined by a Reviewing Official to contain UCNI and marked in accordance with §1017.15 to any person other than an Authorized Individual or a person granted special access to UCNI under §1017.16(b). (u) Unclassified Controlled Nuclear Information means certain unclassified government information prohibited from unauthorized dissemination under section 148 of the Atomic Energy Act— (1) Which concerns atomic energy defense programs; (2) Which pertains to— (i) The design of production facilities or utilization facilities; (ii) Security measures (including security plans, procedures, and equipment) for the physical protection of— (A) Production or utilization facilities; (B) Nuclear material contained in such facilities; or (C) Nuclear material in transit; or (iii) The design, manufacture, or utilization of any nuclear weapon or component if the design, manufacture, or utilization of such weapon or component was contained in any information declassified or removed from the Restricted Data category by the Assistant Secretary for Defense Programs (or the head of the predecessor agency of the Department of Energy) pursuant to section 142 of the Atomic Energy Act; and (3) Whose unauthorized dissemination, as determined by a Controlling Official, could reasonably be expected to have a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of— (i) Illegal production of nuclear weapons; or (ii) Theft, diversion, or sabotage of nuclear materials, equipment, or facilities.
Title 10: Energy
PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
§ 1017.3 Definitions.
