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44 rows where part_number = 1017 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:5.0.3.5.12.1.25.1 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | A | Subpart A—General Overview | § 1017.1 Purpose and scope. | DOE | (a) This part implements section 148 of the Atomic Energy Act (42 U.S.C. 2168) which prohibits the unauthorized dissemination of certain unclassified Government information. This information identified by the term “Unclassified Controlled Nuclear Information” (UCNI) consists of certain design and security information concerning nuclear facilities, nuclear materials, and nuclear weapons. (b) This part: (1) Provides for the review of information prior to its designation as UCNI; (2) Describes how information is determined to be UCNI; (3) Establishes minimum physical protection standards for documents and material containing UCNI; (4) Specifies who may have access to UCNI; and, (5) Establishes a procedure for the imposition of penalties on persons who violate section 148 of the Atomic Energy Act or any regulation or order of the Secretary issued under section 148 of the Atomic Energy Act, including this part. (c) This part does not apply to information controlled under 10 U.S.C. 128 by the Department of Defense. | |||||
| 10:10:5.0.3.5.12.1.25.2 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | A | Subpart A—General Overview | § 1017.2 Applicability. | DOE | This part applies to any person who is or was authorized access to UCNI, requires authorized access to UCNI, or attempts to gain or gains unauthorized access to UCNI. | |||||
| 10:10:5.0.3.5.12.1.25.3 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | A | Subpart A—General Overview | § 1017.3 Policy. | DOE | The Department of Energy (DOE) strives to make information publicly available to the fullest extent possible. Therefore, this part must be interpreted and implemented to apply the minimum restrictions needed to protect the health and safety of the public or the common defense and security consistent with the requirement in section 148 of the Atomic Energy Act to prohibit the unauthorized dissemination of UCNI. | |||||
| 10:10:5.0.3.5.12.1.25.4 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | A | Subpart A—General Overview | § 1017.4 Definitions. | DOE | As used in this part: Atomic Energy Act means the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq. ). Atomic energy defense programs means Government activities, equipment, and facilities that are capable of: (1) Developing, producing, testing, sampling, maintaining, repairing, modifying, assembling or disassembling, using, transporting, or retiring nuclear weapons or components of nuclear weapons; or (2) Producing, using, or transporting nuclear material that could be used in nuclear weapons or military-related utilization facilities. Authorized Individual means a person who has routine access to UCNI under § 1017.20. 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. Denying Official means a DOE official designated under 10 CFR 1004.2(b) who is authorized to deny a request for unclassified information that is exempt from release when requested under the Freedom of Information Act (FOIA). Director means the DOE Official, or his or her designee, to whom the Secretary has assigned responsibility for enforcement of this part. Document means the physical medium on or in which information is recorded, regardless of its physical form or characteristics. DOE means the United States Department of Energy, including the National Nuclear Security Administration (NNSA). Essential technology-related information means technical information whose unauthorized dissemination could significantly increase the likelihood of the illegal production of a nuclear weapon. Exploitable security-related information means information whose unauthorized dissemination could significantly increase the likelihood of the theft, diversion, or sabotage of nuclear material, equipment, or facilities. Government means the Executive Branch of the United States Government. Government information means any fact or concept, regardless of its phy… | |||||
| 10:10:5.0.3.5.12.1.25.5 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | A | Subpart A—General Overview | § 1017.5 Requesting a deviation. | DOE | [73 FR 32641, June 10, 2008, as amended at 88 FR 41294, June 26, 2023] | (a) Any person may request a deviation, or condition that diverges from the norm and that is categorized as: (1) A variance (i.e., an approved condition that technically varies from a requirement in these regulations); (2) A waiver (i.e., an approved nonstandard condition that deviates from a requirement in these regulations and which, if uncompensated, would create a potential or real vulnerability); or (3) An exception (i.e., an approved deviation from a requirement in these regulations for which DOE accepts the risk of a safeguards and security vulnerability) according to the degree of risk involved. (b) In writing, the person must: (1) Identify the specific requirement for which the deviation is being requested; (2) Explain why the deviation is needed; and, (3) If appropriate, describe the alternate or equivalent means for meeting the requirement. (c) DOE employees must submit such requests according to internal directives. DOE contractors must submit such requests according to directives incorporated into their contracts. Other individuals must submit such requests to the Office of Classification, Office of Environment, Health, Safety and Security, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585-1290. The Office of Classification's decision must be made within 30 days. | ||||
| 10:10:5.0.3.5.12.2.25.1 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | B | Subpart B—Initially Determining What Information Is Unclassified Controlled Nuclear Information | § 1017.6 Authority. | DOE | The Secretary, or his or her designee, determines whether information is UCNI. These determinations are incorporated into guidance that each Reviewing Official and Denying Official consults in his or her review of a document or material to decide whether the document or material contains UCNI. | |||||
| 10:10:5.0.3.5.12.2.25.2 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | B | Subpart B—Initially Determining What Information Is Unclassified Controlled Nuclear Information | § 1017.7 Criteria. | DOE | To be identified as UCNI, the information must meet each of the following criteria: (a) The information must be Government information as defined in § 1017.4; (b) The information must concern atomic energy defense programs as defined in § 1017.4; (c) The information must fall within the scope of at least one of the three subject areas eligible to be UCNI in § 1017.8; (d) The information must meet the adverse effect test described in § 1017.10; and (e) The information must not be exempt from being UCNI under § 1017.11. | |||||
| 10:10:5.0.3.5.12.2.25.3 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | B | Subpart B—Initially Determining What Information Is Unclassified Controlled Nuclear Information | § 1017.8 Subject areas eligible to be Unclassified Controlled Nuclear Information. | DOE | To be eligible for identification as UCNI, information must concern at least one of the following categories: (a) The design of production or utilization facilities as defined in this part; (b) Security measures (including security plans, procedures, and equipment) for the physical protection of production or utilization facilities or nuclear material, regardless of its physical state or form, contained in these facilities or in transit; or (c) The design, manufacture, or utilization of nuclear weapons or components that were once classified as Restricted Data, as defined in section 11y. of the Atomic Energy Act. | |||||
| 10:10:5.0.3.5.12.2.25.4 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | B | Subpart B—Initially Determining What Information Is Unclassified Controlled Nuclear Information | § 1017.9 Nuclear material determinations. | DOE | (a) The Secretary may determine that a material other than special nuclear material, byproduct material, or source material as defined by the Atomic Energy Act is included within the scope of the term “nuclear material” if it meets the following criteria: (1) The material is used in the production, testing, utilization, or assembly of nuclear weapons or components of nuclear weapons; and (2) Unauthorized acquisition of the material could reasonably be expected to result in a significant adverse effect on the health and safety of the public or the common defense and security because the specific material: (i) Could be used as a hazardous radioactive environmental contaminant; or (ii) Could be of significant assistance in the illegal production of a nuclear weapon. (b) Designation of a material as a nuclear material under paragraph (a) of this section does not make all information about the material UCNI. Specific information about the material must still meet each of the criteria in § 1017.7 prior to its being identified and controlled as UCNI. | |||||
| 10:10:5.0.3.5.12.2.25.5 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | B | Subpart B—Initially Determining What Information Is Unclassified Controlled Nuclear Information | § 1017.10 Adverse effect test. | DOE | In order for information to be identified as UCNI, it must be determined that the unauthorized dissemination of the information under review could reasonably be expected to result in a significant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of: (a) Illegal production of a nuclear weapon; or (b) Theft, diversion, or sabotage of nuclear material, equipment, or facilities. | |||||
| 10:10:5.0.3.5.12.2.25.6 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | B | Subpart B—Initially Determining What Information Is Unclassified Controlled Nuclear Information | § 1017.11 Information exempt from being Unclassified Controlled Nuclear Information. | DOE | Information exempt from this part includes: (a) Information protected from disclosure under section 147 of the Atomic Energy Act (42 U.S.C. 2167) that is identified as Safeguards Information and controlled by the United States Nuclear Regulatory Commission; (b) Basic scientific information (i.e., information resulting from research directed toward increasing fundamental scientific knowledge or understanding rather than any practical application of that knowledge); (c) Radiation exposure data and all other personal health information; and, (d) Information concerning the transportation of low level radioactive waste. | |||||
| 10:10:5.0.3.5.12.2.25.7 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | B | Subpart B—Initially Determining What Information Is Unclassified Controlled Nuclear Information | § 1017.12 Prohibitions on identifying Unclassified Controlled Nuclear Information. | DOE | Information, documents, and material must not be identified as being or containing UCNI in order to: (a) Conceal violations of law, inefficiency, or administrative error; (b) Prevent embarrassment to a person or organization; (c) Restrain competition; or, (d) Prevent or delay the release of any information that does not properly qualify as UCNI. | |||||
| 10:10:5.0.3.5.12.2.25.8 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | B | Subpart B—Initially Determining What Information Is Unclassified Controlled Nuclear Information | § 1017.13 Report concerning determinations. | DOE | [73 FR 32641, June 10, 2008, as amended at 88 FR 41294, June 26, 2023] | The Office of Classification or successor office shall issue a report by the end of each quarter that identifies any new information that has been determined for the first time to be UCNI during the previous quarter, explains how each such determination meets the criteria in § 1017.7, and explains why each such determination protects from disclosure only the minimum amount of information necessary to protect the health and safety of the public or the common defense and security. A copy of the report may be obtained by writing to the Office of Classification, Office of Environment, Health, Safety and Security, U.S. Department of Energy, 1000 Independence Ave., SW., Washington, DC 20585-1290. | ||||
| 10:10:5.0.3.5.12.3.25.1 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | C | Subpart C—Review of a Document or Material for Unclassified Controlled Nuclear Information | § 1017.14 Designated officials. | DOE | (a) Reviewing Official —(1) Authority. A Reviewing Official with cognizance over the information contained in a document or material is authorized to determine whether the document or material contains UCNI based on applicable guidance. A Reviewing Official marks or authorizes the marking of the document or material as specified in § 1017.16. (2) Request for designation. Procedures for requesting that a DOE Federal or contractor employee be designated as a Reviewing Official are contained in Departmental directives issued by the Secretary. DOE may also designate other Government agency employees, contractors, or other individuals granted routine access under § 1017.20 as Reviewing Officials. (3) Designation. Prior to being designated as a Reviewing Official, each employee must receive training approved by DOE that covers the requirements in these regulations and be tested on his or her proficiency in using applicable UCNI guidance. Upon successful completion of the training and test, he or she is designated as a Reviewing Official only while serving in his or her current position for a maximum of 3 years. The employee does not automatically retain the authority when he or she leaves his or her current position. The employee cannot delegate this authority to anyone else, and the authority may not be assumed by another employee acting in the employee's position. At the end of 3 years, if the position still requires the authority, the employee must be retested and redesignated by DOE as a Reviewing Official. (b) Individuals approved to use DOE or joint DOE classification guidance —(1) Authority. Other Government agency employees who are approved by DOE or another Government agency to use classification guidance developed by DOE or jointly by DOE and another Government agency may also be approved to review documents for UCNI and to make UCNI determinations. This authority is limited to the UCNI subject areas contained in the specific classification guidance that the individual has been approved to use. … | |||||
| 10:10:5.0.3.5.12.3.25.2 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | C | Subpart C—Review of a Document or Material for Unclassified Controlled Nuclear Information | § 1017.15 Review process. | DOE | (a) Reviewing documents for UCNI. Anyone who originates or possesses a document that he or she thinks may contain UCNI must send the document to a Reviewing Official for a determination before it is finalized, sent outside of his or her organization, or filed. If the originator or possessor must send the document outside of his or her organization for the review, he or she must mark the front of the document with “Protect as UCNI Pending Review” and must transmit the document in accordance with the requirements in § 1017.27. The Reviewing Official must first determine whether the document is widely disseminated in the public domain, which means that the document under review is publicly available from a Government technical information service or depository library, for example, or that it can be found in a public library or an open literature source, or it can be accessed on the Internet using readily available search methods. (1) If the document is determined to be widely disseminated in the public domain, it cannot be controlled as UCNI. The Reviewing Official returns the document to the person who sent it to the Reviewing Official and informs him or her why the document cannot be controlled as UCNI. This does not preclude control of the same information as UCNI if it is contained in another document that is not widely disseminated. (2) If the document is not determined to be widely disseminated in the public domain, the Reviewing Official evaluates the information in the document using guidance to determine whether the document contains UCNI. If the Reviewing Official determines that the document does contain UCNI, the Reviewing Official marks or authorizes the marking of the document as specified in § 1017.16. If the Reviewing Official determines that the document does not contain UCNI, the Reviewing Official returns the document to the person who sent it and informs him or her that the document does not contain UCNI. For documentation purposes, the Reviewing Official may mark or authorize the marking of… | |||||
| 10:10:5.0.3.5.12.3.25.3 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | C | Subpart C—Review of a Document or Material for Unclassified Controlled Nuclear Information | § 1017.16 Unclassified Controlled Nuclear Information markings on documents or material. | DOE | (a) Marking documents. If a Reviewing Official determines that a document contains UCNI, the Reviewing Official must mark or authorize the marking of the document as described in this section. (1) Front marking. The following marking must appear on the front of the document: Unauthorized dissemination subject to civil and criminal sanctions under section 148 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2168). Reviewing Official: (Name/Organization) Date: Guidance Used: Unauthorized dissemination subject to civil and criminal sanctions under section 148 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2168). Reviewing Official: (Name/Organization) (2) Page marking. The marking “Unclassified Controlled Nuclear Information” must be placed on the bottom of the front of the document and on the bottom of each interior page of the document that contains text or if more convenient, on the bottom of only those interior pages that contain UCNI. The page marking must also be placed on the back of the last page. If space limitations do not allow for use of the full page marking, the acronym “UCNI” may be used as the page marking. (3) Classified documents. UCNI front and page markings are not applied to a classified document that also contains UCNI. If a classified document is portion marked, the acronym “UCNI” is used to indicate those unclassified portions that contain UCNI. (4) Obsolete “May Contain UCNI” marking. The “May Contain UCNI” marking is no longer used. Any document marked with the “May Contain UCNI” marking is considered to contain UCNI and must be protected accordingly until a Reviewing Official or Denying Official determines otherwise. The obsolete “May Contain UCNI” marking reads as follows: Not for Public Dissemination May contain Unclassified Controlled Nuclear Information subject to section 148 of the Atomic Energy Act of 1954 (42 U.S.C. 2168). Approval by the Department of Energy prior to release is required. Not for Public Dissemination May contain Uncl… | |||||
| 10:10:5.0.3.5.12.3.25.4 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | C | Subpart C—Review of a Document or Material for Unclassified Controlled Nuclear Information | § 1017.17 Determining that a document or material no longer contains or does not contain Unclassified Controlled Nuclear Information. | DOE | (a) Document or material no longer contains UCNI. A Reviewing Official with cognizance over the information in a document or material marked as containing UCNI may determine that the document or material no longer contains UCNI. A Denying Official may also determine that such a document or material no longer contains UCNI. The official making this determination must base it on applicable guidance and must ensure that any UCNI markings are crossed out (for documents) or removed (for material). The official marks or authorizes the marking of the document (or the material, if space allows) as follows: Reviewing/Denying Official: (Name and organization) Date: Reviewing/Denying Official: (Name and organization) (b) Document or material does not contain UCNI. A Reviewing Official with cognizance over the information in a document or material may confirm that an unmarked document or material does not contain UCNI based on applicable guidance. No UCNI markings are required in this case; however, for documentation purposes, the Reviewing Official may mark or may authorize the marking of the document or material with the same marking used in § 1017.17(a). | |||||
| 10:10:5.0.3.5.12.3.25.5 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | C | Subpart C—Review of a Document or Material for Unclassified Controlled Nuclear Information | § 1017.18 Joint documents or material. | DOE | If a document or material marked as containing UCNI is under consideration for decontrol and falls under the cognizance of another DOE organization or other Government agency, the Reviewing Official or Denying Official must coordinate the decontrol review with that DOE organization or other Government agency. Any disagreement concerning the control or decontrol of any document or material that contains UCNI that was originated by or for DOE or another Government agency is resolved by the Secretary or his or her designee. | |||||
| 10:10:5.0.3.5.12.4.25.1 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | D | Subpart D—Access to Unclassified Controlled Nuclear Information | § 1017.19 Access limitations. | DOE | A person may only have access to UCNI if he or she has been granted routine access by an Authorized Individual (see § 1017.20) or limited access by the DOE Program Secretarial Officer or NNSA Deputy or Associate Administrator with cognizance over the UCNI (see § 1017.21). The Secretary, or his or her designee, may impose additional administrative controls concerning the granting of routine or limited access to UCNI to a person who is not a U.S. citizen. | |||||
| 10:10:5.0.3.5.12.4.25.2 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | D | Subpart D—Access to Unclassified Controlled Nuclear Information | § 1017.20 Routine access. | DOE | (a) Authorized Individual. The Reviewing Official who determines that a document or material contains UCNI is the initial Authorized Individual for that document or material. 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 limitations in paragraph (b) of this section, and who may further disseminate the UCNI under the provisions of this section. (b) Requirements for routine access. To be eligible for routine access to UCNI, the person must have a need to know the UCNI in order to perform official duties or other Government-authorized activities and must be: (1) A U.S. citizen who is: (i) An employee of any branch of the Federal Government, including the U.S. Armed Forces; (ii) An employee or representative of a State, local, or Indian tribal government; (iii) A member of an emergency response organization; (iv) An employee of a Government contractor or a consultant, including those contractors or consultants who need access to bid on a Government contract; (v) A member of Congress or a staff member of a congressional committee or of an individual member of Congress; (vi) A Governor of a State, his or her designated representative, or a State government official; (vii) A member of a DOE advisory committee; or, (viii) A member of an entity that has entered into a formal agreement with the Government, such as a Cooperative Research and Development Agreement or similar arrangement; or, (2) A person who is not a U.S. citizen but who is: (i) A Federal Government employee or a member of the U.S. Armed Forces; (ii) An employee of a Federal Government contractor or subcontractor; (iii) A Federal Government consultant; (iv) A member of a DOE advisory committee; (v) A member of an entity that has entered into a formal agreement with the Government, such as a Cooperative Research and Development Agreement or similar arrangement; (vi) An employee or representative of a St… | |||||
| 10:10:5.0.3.5.12.4.25.3 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | D | Subpart D—Access to Unclassified Controlled Nuclear Information | § 1017.21 Limited access. | DOE | (a) A person who is not eligible for routine access to specific UCNI under § 1017.20 may request limited access to such UCNI by sending a written request to the DOE Program Secretarial Officer or NNSA Deputy or Associate Administrator with cognizance over the information. The written request must include the following: (1) The name, current residence or business address, birthplace, birth date, and country of citizenship of the person submitting the request; (2) A description of the specific UCNI for which limited access is being requested; (3) A description of the purpose for which the UCNI is needed; and, (4) Certification by the requester that he or she: (i) Understands and will follow these regulations; and (ii) Understands that he or she is subject to the civil and criminal penalties under Subpart F of this part. (b) The decision whether to grant the request for limited access is based on the following criteria: (1) The sensitivity of the UCNI for which limited access is being requested; (2) The approving official's evaluation of the likelihood that the requester will disseminate the UCNI to unauthorized individuals; and, (3) The approving official's evaluation of the likelihood that the requester will use the UCNI for illegal purposes. (c) Within 30 days of receipt of the request for limited access, the appropriate DOE Program Secretarial Officer or NNSA Deputy or Associate Administrator must notify the requester if limited access is granted or denied, or if the determination cannot be made within 30 days, of the date when the determination will be made. (d) A person granted limited access to specific UCNI is not an Authorized Individual and may not further disseminate the UCNI to anyone. | |||||
| 10:10:5.0.3.5.12.5.25.1 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | E | Subpart E—Physical Protection Requirements | § 1017.22 Notification of protection requirements. | DOE | (a) An Authorized Individual who grants routine access to specific UCNI under § 1017.20 to a person who is not an employee or contractor of the DOE must notify the person receiving the UCNI of protection requirements described in this subpart and any limitations on further dissemination. (b) A DOE Program Secretarial Officer or NNSA Deputy or Associate Administrator who grants limited access to specific UCNI under § 1017.21 must notify the person receiving the UCNI of protection requirements described in this subpart and any limitations on further dissemination. | |||||
| 10:10:5.0.3.5.12.5.25.2 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | E | Subpart E—Physical Protection Requirements | § 1017.23 Protection in use. | DOE | An Authorized Individual or a person granted limited access to UCNI under § 1017.21 must maintain physical control over any document or material marked as containing UCNI that is in use to prevent unauthorized access to it. | |||||
| 10:10:5.0.3.5.12.5.25.3 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | E | Subpart E—Physical Protection Requirements | § 1017.24 Storage. | DOE | A document or material marked as containing UCNI must be stored to preclude unauthorized disclosure. When not in use, documents or material containing UCNI must be stored in locked receptacles (e.g., file cabinet, desk drawer), or if in secured areas or facilities, in a manner that would prevent inadvertent access by an unauthorized individual. | |||||
| 10:10:5.0.3.5.12.5.25.4 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | E | Subpart E—Physical Protection Requirements | § 1017.25 Reproduction. | DOE | A document marked as containing UCNI may be reproduced without the permission of the originator to the minimum extent necessary consistent with the need to carry out official duties, provided the reproduced document is marked and protected in the same manner as the original document. | |||||
| 10:10:5.0.3.5.12.5.25.5 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | E | Subpart E—Physical Protection Requirements | § 1017.26 Destruction. | DOE | A document marked as containing UCNI must be destroyed, at a minimum, by using a cross-cut shredder that produces particles no larger than 1/4-inch wide and 2 inches long. Other comparable destruction methods may be used. Material containing or revealing UCNI must be destroyed according to agency directives. | |||||
| 10:10:5.0.3.5.12.5.25.6 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | E | Subpart E—Physical Protection Requirements | § 1017.27 Transmission. | DOE | (a) Physically transmitting UCNI documents or material. (1) A document or material marked as containing UCNI may be transmitted by: (i) U.S. First Class, Express, Certified, or Registered mail; (ii) Any means approved for transmission of classified documents or material; (iii) An Authorized Individual or person granted limited access under § 1017.21 as long as physical control of the package is maintained; or, (iv) Internal mail services. (2) The document or material must be packaged to conceal the presence of the UCNI from someone who is not authorized access. A single, opaque envelope or wrapping is sufficient for this purpose. The address of the recipient and the sender must be indicated on the outside of the envelope or wrapping along with the words “TO BE OPENED BY ADDRESSEE ONLY.” (b) Transmitting UCNI documents over telecommunications circuits. Encryption algorithms that comply with all applicable Federal laws, regulations, and standards for the protection of unclassified controlled information must be used when transmitting UCNI over a telecommunications circuit (including the telephone, facsimile, radio, e-mail, Internet). | |||||
| 10:10:5.0.3.5.12.5.25.7 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | E | Subpart E—Physical Protection Requirements | § 1017.28 Processing on Automated Information Systems (AIS). | DOE | UCNI may be processed or produced on any AIS that complies with the guidance in OMB Circular No. A-130, Revised, Transmittal No. 4, Appendix III, “Security of Federal Automated Information Resources,” or is certified for classified information. | |||||
| 10:10:5.0.3.5.12.6.25.1 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | F | Subpart F—Violations | § 1017.29 Civil penalty. | DOE | [73 FR 32641, June 10, 2008, as amended at 74 FR 66033, Dec. 14, 2009; 79 FR 20, Jan. 2, 2014; 81 FR 41796, June 28, 2016; 81 FR 96353, Dec. 30, 2016; 83 FR 1293, Jan. 11, 2018; 83 FR 66084, Dec. 26, 2018; 85 FR 831, Jan. 8, 2020; 86 FR 2957, Jan. 14, 2021; 87 FR 1065, Jan. 10, 2022; 88 FR 2194, Jan. 13, 2023; 89 FR 1029, Jan. 9, 2024; 89 FR 105407, Dec. 27, 2024] | (a) Regulations. Any person who violates a UCNI security requirement of any of the following is subject to a civil penalty under this part: (1) 10 CFR Part 1017—Identification and Protection of Unclassified Controlled Nuclear Information; or (2) Any other DOE regulation related to the safeguarding or security of UCNI if the regulation provides that violation of its provisions may result in a civil penalty pursuant to section 148 of the Act. (b) Compliance order. If, without violating a requirement of any regulation issued under section 148, a person by an act or omission causes, or creates a risk of, the loss, compromise or unauthorized disclosure of UCNI, the Secretary may issue a compliance order to that person requiring the person to take corrective action and notifying the person that violation of the compliance order is subject to a notice of violation and assessment of a civil penalty. If a person wishes to contest the compliance order, the person must file a notice of appeal with the Secretary within 15 days of receipt of the compliance order. (c) Amount of penalty. The Director may propose imposition of a civil penalty for violation of a requirement of a regulation under paragraph (a) of this section or a compliance order issued under paragraph (b) of this section, not to exceed $337,966 for each violation. (d) Settlements. The Director may enter into a settlement, with or without conditions, of an enforcement proceeding at any time if the settlement is consistent with the objectives of DOE's UCNI protection requirements. (e) Enforcement conference. The Director may convene an informal conference to discuss any situation that might be a violation of the Act, its significance and cause, any correction taken or not taken by the person, any mitigating or aggravating circumstances, and any other useful information. The Director may compel a person to attend the conference. This conference will not normally be open to the public and there shall be no transcript. (f) Investigations. The Direc… | ||||
| 10:10:5.0.3.5.12.6.25.2 | 10 | Energy | X | 1017 | PART 1017—IDENTIFICATION AND PROTECTION OF UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION | F | Subpart F—Violations | § 1017.30 Criminal penalty. | DOE | [73 FR 32641, June 10, 2008, as amended at 81 FR 41796, June 28, 2016; 81 FR 96353, Dec. 30, 2016] | Any person who violates section 148 of the Atomic Energy Act or any regulation or order of the Secretary issued under section 148 of the Atomic Energy Act, including these regulations, may be subject to a criminal penalty under section 223 of the Atomic Energy Act (42 U.S.C. 2273). In such case, the Secretary shall refer the matter to the Attorney General for investigation and possible prosecution. | ||||
| 49:49:8.1.1.1.14.0.1.1 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.1 Purpose and scope. | STB | [56 FR 32333, July 16, 1991, as amended at 58 FR 7749, Feb. 9, 1993] | (a) These regulations set forth guidelines for implementing the Debt Collection Act of 1982 at the Surface Transportation Board (STB). The purpose of the Act is to give agencies the ability to more aggressively pursue debts owed the Federal Government and to increase the efficiency of governmentwide efforts to collect debts owed the United States. The authority for these regulations is found in the Debt Collection Act of 1982 (Pub. L. 97-365 and 4 CFR 101.1 et seq. ), Collection by Offset From Indebted Government Employees (5 CFR 550.1101 et seq. ), Federal Claims Collection Standards (4 CFR 101.1 et seq. ), and Administrative Offset (31 U.S.C. 3716). (b) These regulations provide procedures for administrative offset of a Federal employee's salary without his/her consent to satisfy certain debts owed to the Federal Government. The regulations covered in this part apply to all current and former Federal employees who owe debts to the Board and to current Board employees who owe debts to other Federal agencies. The regulations set forth herein do not apply when the employee consents to recovery from his/her current pay account. (c) These regulations do not apply to debts or claims arising under: (1) The Social Security Act; (2) The Internal Revenue Code of 1954; (3) The tariff laws of the United States; or (4) Any case where a collection of a debt by salary offset is explicitly provided for or prohibited by another statute. (d) These regulations also do not preclude the compromise, suspension, or termination of collection action, where appropriate, under the standards implementing the Federal Claims Collection Act (31 U.S.C. 3711 et seq., 4 CFR 101.1 et seq. ). These regulations do not preclude an employee's requesting a waiver of a salary overpayment (i.e., alleged indebtedness) under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 716, or in any way questioning the amount or validity of a debt by submitting a claim to the General Accounting Office (GAO), or requesting a waiver under statutory provisions … | |||||
| 49:49:8.1.1.1.14.0.1.10 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.10 Procedures for administrative offset. | STB | (a) Debts will be collected in one lump sum where possible. If the employee is financially unable to pay in one lump sum, collection shall be made in installments. (b) Debts shall be collected by deduction at officially established pay intervals from an employee's current pay account, unless alternative arrangements for repayment are made. (c) Installment deductions will be made over a period not greater than the anticipated period of employment. The size of installment deductions must bear a reasonable relationship to the size of the debt and the employee's ability to pay. The deduction for the pay intervals for any period shall not exceed 15 percent of disposable pay, unless the employee has agreed in writing to a deduction of a greater amount. (d) Unliquidated debts may be offset against any financial payment due to a separated employee (including, but not limited to, final salary payment or lump-sum payment for leave). | ||||||
| 49:49:8.1.1.1.14.0.1.11 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.11 Refunds. | STB | (a) The Board shall promptly refund any amounts deducted to satisfy debts owed to it when the debt is waived, found not owed to the Board, or when directed by an administrative or judicial order. (b) A creditor agency will promptly return any amounts deducted by the Board to satisfy debts owed to a creditor agency when the debt is waived, found not owed, or when directed by an administrative or judicial order. (c) Unless required by law, refunds under this subsection shall not bear interest. | ||||||
| 49:49:8.1.1.1.14.0.1.12 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.12 Statute of limitations. | STB | If a debt has been outstanding for more than 10 years after the agency's right to collect the debt first accrued, the agency may not collect by salary offset unless facts material to the Government's right to collect were not known and could not reasonably have been known by the official or officials who were charged with the responsibility for discovery and collection of such debts. | ||||||
| 49:49:8.1.1.1.14.0.1.13 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.13 Nonwaiver of rights. | STB | An employee's involuntary payment of all or any part of a debt collected under these regulations will not be construed as a waiver of any rights that employee may have under 5 U.S.C. 5514 or any other provision of law. | ||||||
| 49:49:8.1.1.1.14.0.1.14 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.14 Interest, penalties, and administrative costs. | STB | (a) The rate of interest assessed shall be the rate of the current value of funds to the U.S. Treasury (i.e., the Treasury tax and loan account rate), as prescribed and published by the Secretary of the Treasury in the Federal Register and the Treasury Financial Manual Bulletins. A higher rate of interest can be assessed if the Board can reasonably determine that a higher rate is necessary to protect the interests of the United States. The rate of interest, as initially assessed, shall remain fixed for the duration of the indebtedness, except where a debtor has defaulted on a repayment agreement and seeks to enter into a new agreement. The Board may set a new interest rate which reflects the current value of funds to the Treasury at the time the new agreement is executed. The Board shall waive the collection of interest on the debt or any portion of the debt which is paid within 30 days after the date on which interest began to accrue. (b) The Board shall assess a penalty charge not to exceed 6 percent a year on any portion of a debt that is delinquent as defined in 4 CFR 101.2(b) for more than 90 days. This charge need not be calculated until the 91st day of delinquency, but shall accrue from the date that the debt became delinquent. (c) The Board shall assess against a debtor charges to cover administrative costs incurred as a result of a delinquent debt—that is, the additional costs incurred in processing and handling the debt because it became delinquent as defined in 4 CFR 101.2(b). (d) When a debt is paid in partial or installment payments, amounts received by the agency shall be applied first to outstanding penalty and administrative cost charges, second to accrued interest, and third to outstanding principal. | ||||||
| 49:49:8.1.1.1.14.0.1.2 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.2 Definitions. | STB | For the purposes of these regulations, the following definitions will apply: (a) Agency. An executive agency as defined at 5 U.S.C. 105, including the U.S. Postal Service; the U.S. Postal Rate Board; a military department as defined at 5 U.S.C. 102; an agency or court in the Judicial Branch; an agency of the Legislative Branch, including the U.S. Senate and House of Representatives; and other independent establishments that are entities of the Federal Government. (b) Creditor agency. The agency to which the debt is owed. (c) Debt. An amount of money or property which has been determined by an appropriate agency official to be owed to the United States from any person. (d) Disposable pay. The amount that remains from an employee's Federal pay after required deductions for social security; Federal, State, or local income taxes; health insurance premiums; retirement contributions; life insurance premiums; Federal employment taxes; and any other deductions that are required to be withheld by law. (e) FCCS. The Federal Claims Collection Standards jointly published by the Justice Department and the General Accounting Office at 4 CFR 101.1 et seq. (f) Hearing official. The official responsible for conducting a hearing which is properly and timely requested by the debtor. An Administrative Law Judge shall be responsible for conducting the hearing and the Chief Administrative Law Judge shall determine which judicial official will be assigned the hearing. (g) Paying agency. The agency that employs the individual who owes the debt and authorizes the payment of his/her current pay. (h) Administrative offset. The withholding of monies payable by the United States to or held by the United States on behalf of an employee to satisfy a debt owed the United States by that employee. (i) Waiver. A cancellation, forgiveness, or non-recovery of a debt allegedly owed by an employee or former employee to the agency as permitted or required by law. | ||||||
| 49:49:8.1.1.1.14.0.1.3 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.3 Applicability. | STB | These regulations are to be followed when: (a) The Board is owed a debt by a current employee; (b) The Board is owed a debt by an individual currently employed by another Federal agency; (c) The Board employs an individual who owes a debt to another Federal agency; and (d) The Board is owed a debt by an employee who separates from Federal Government service. The authority to collect debts owed by former Federal employees is found in the FCCS and 31 U.S.C. 3716. | ||||||
| 49:49:8.1.1.1.14.0.1.4 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.4 Notice requirements. | STB | [56 FR 32333, July 16, 1991, as amended at 64 FR 53267, Oct. 1, 1999] | (a) Deductions shall not be made unless the employee is provided with written notice, signed by the debt collection official (Chief, Section of Financial Services), of the debt at least 30 days before administrative offset commences. (b) The written notice to current Federal employees shall be hand delivered if at headquarters or sent certified mail, return receipt requested, if located in a field office and shall contain: (1) A statement that the debt is owed and an explanation of its nature and amount; (2) The agency's intention to collect the debt by means of deduction from the employee's current disposable pay account; (3) The amount, frequency, proposed beginning date, and duration of the intended deduction(s); (4) An explanation of interest, penalties, and administrative charges, including a statement that such charges will be assessed unless excused in accordance with the FCCS (4 CFR 101.1 et seq. ); (5) The employee's right to inspect, request, and copy Government records relating to the debt (if an employee is unable to physically inspect the Government records, the agency will reproduce copies of the records and may charge for those copies); (6) If not previously provided, the opportunity (under terms agreeable to the creditor agency) to establish a schedule for the voluntary repayment of the debt or to enter into a written agreement with the agency to establish a schedule for the voluntary repayment of the debt in lieu of offset. The agreement must be in writing, signed by both the employee and the creditor agency, and documented in the creditor agency's files (4 CFR 102.2(e)); (7) The right to a hearing conducted by an impartial hearing official concerning the existence or amount of the debt and the repayment schedule, if it was not established by a written agreement between the employee and the creditor agency; (8) The method and time period for petitioning for a hearing; (9) A statement that the timely filing of a petition for a hearing (on or before the 15th day following receipt of the … | |||||
| 49:49:8.1.1.1.14.0.1.5 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.5 Hearing procedures. | STB | (a) Upon the Administrative Law Judge's determination of an employee's compliance with § 1017.4(b)(8) or § 1017.4(c)(7) of this part, whichever is applicable, he/she shall set the time, date, and location for the hearing, paying due consideration to convenience to the employee. (b) All significant matters discussed at the hearing shall be documented, although a verbatim transcript of the hearing shall not be made. (c) The Administrative Law Judge may exclude any evidence he/she deems irrelevant, immaterial, or unduly repetitious. (d) Any party to a hearing under these regulations is entitled to present his or her case or defense by oral or documentary evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. (e) The Board has the initial burden of proof as to the existence and amount of the debt. (f) The employee requesting the hearing shall bear the ultimate burden of proof. (g) The evidence presented by the employee must prove that no debt exists or cast sufficient doubt that reasonable minds could differ as to the existence or amount of the debt. (h) Where the employee files a petition for a hearing contesting the offset schedule imposed by the Board, the Administrative Law Judge shall take into consideration all relevant factors as to the employee's financial situation in determining whether said offset schedule should be altered. (i) Any party to a hearing under these regulations is entitled to be accompanied, represented, and advised by counsel, as well as to appear in person or by or with counsel. (j) The Administrative Law Judge shall issue a final written decision at the earliest practicable date, but not later than 60 days after the filing of the petition requesting the hearing, as stated in § 1017.4(b)(10) or § 1017.4(c)(9) of this part, whichever is applicable. | ||||||
| 49:49:8.1.1.1.14.0.1.6 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.6 Result if employee fails to meet deadlines. | STB | An employee will not be granted a hearing and will have his/her disposable pay offset in accordance with the Board's offset schedule if the employee: (a) Fails to file a petition for a hearing in conformity with the requirements of § 1017.4(b)(8) or § 1017.4(c)(9) of this part, whichever is applicable. However, failure to file within the requisite time period set out in § 1017.4(b)(8) or § 1017.4(c)(9) of this part whichever is applicable, will not result in denial of a hearing or in immediate offset, if the Administrative Law Judge excuses the late filing if the employee can show that the delay was because of circumstances beyond his/her control or because of failure to receive notice of the filing deadline. (b) Is scheduled to appear and fails to appear at the hearing without good cause. | ||||||
| 49:49:8.1.1.1.14.0.1.7 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.7 Written decision following hearing. | STB | (a) Written decisions provided after a request for a hearing will include: (1) A statement of the facts presented to support the nature and origin of the alleged debt; (2) The Administrative Law Judge's analysis, findings, and conclusions, in light of the hearing, concerning the employee's or the Board's grounds; (3) The amount and validity of the alleged debt; and (4) The repayment schedule (including percentage), if applicable. (b) The Administrative Law Judge's decision does not preclude an employee from requesting a waiver of a salary payment under 5 U.S.C. 5584, 10 U.S.C. 2774, or 32 U.S.C. 716, or in any way questioning the amount or validity of a debt by submitting a subsequent claim to GAO in accordance with procedures prescribed by GAO. | ||||||
| 49:49:8.1.1.1.14.0.1.8 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.8 Exception to entitlement to notice, hearing, written responses and final decisions. | STB | The Board shall except from the provisions of §§ 1017.4 through 1017.7 any adjustment to pay arising out of an employee's election of coverage or a change in coverage under a Federal benefits program, requiring periodic deductions from pay, if the amount to be recovered was accumulated over four pay periods or less. | ||||||
| 49:49:8.1.1.1.14.0.1.9 | 49 | Transportation | X | A | 1017 | PART 1017—DEBT COLLECTION—COLLECTION BY OFFSET FROM INDEBTED GOVERNMENT AND FORMER GOVERNMENT EMPLOYEES | § 1017.9 Coordinating offset with another Federal agency. | STB | [56 FR 32333, July 16, 1991, as amended at 64 FR 53267, Oct. 1, 1999; 81 FR 8851, Feb. 23, 2016] | (a) The Board as creditor agency. When the Chief, Section of Financial Services, determines that an employee of another Federal agency owes a delinquent debt to the Board, he/she shall: (1) Arrange for a hearing upon proper petitioning by the employee; (2) Certify in writing to the other Federal agency that the employee owes the debt, the amount and basis of the debt, the date on which payment is due, the date the Government's right to collect the debt accrued, that the Board's regulations for administrative offset have been approved by the Office of Personnel Management, and that the provisions of 4 CFR 102.3(f) have been fully complied with; (3) If collection must be made in installments, advise the paying agency of the amount or percentage of disposable pay to be collected in each installment; (4) Advise the paying agency of any action taken under 5 U.S.C. 5514(a); (5) If the employee is in the process of separating, the Board must submit its debt claim to the paying agency as provided in this part. The paying agency must certify any amounts already collected, notify the employee, and send a copy of the certification and notice of the employee's separation to the creditor agency—if the paying agency is aware that the employee is entitled to money from the Civil Service Retirement and Disability Fund, it must certify to the Office of Personnel Management (OPM) that: (i) The debtor owes the U.S. a debt, including the amount of that debt; (ii) The Board has complied with the applicable statutes, regulations, and procedures of OPM; and (iii) The Board has complied with the requirements of 4 CFR 102.3, including any hearing or review; and (6) If the employee has already separated and all payments due from the paying agency have been paid, the Chief, Section of Financial Services, may request from OPM, unless otherwise prohibited, that money payable to the employee from the Civil Service Retirement and Disability Fund or other similar funds be collected by administrative offset and provide the certificati… |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
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