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Unclassified Controlled Nuclear Information
(UCNI) under jurisdiction of the Department of Energy includes unclassified facility
design information, operational information concerning the production, processing or
utilization of nuclear material for atomic energy defense programs, safeguards and
security information, nuclear material, and declassified controlled nuclear weapon
information once classified as Restricted Data (RD).
Department of Defense Unclassified Controlled
Nuclear Information (DoD UCNI) is unclassified information on security measures (including
security plans, procedures and equipment) for the physical protection of DoD Special
Nuclear Material, equipment, or facilities.
Information is designated UCNI only when it
is determined that its unauthorized disclosure 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 increasing significantly the likelihood of the illegal production of
nuclear weapons or the theft, diversion, or sabotage of Special Nuclear Material,
equipment, or facilities.
Statutory/Regulatory
Responsibilities & Obligations
Access to UCNI Information
An individual must have an official need to
know the information and be a federal employee, member of the U.S. Armed Services,
contractor, consultant, law enforcement official, local government official, Indian tribal
government official, or a foreign official who is part of an approved intergovernmental
activity. A person with access to UCNI may disseminate that information only to other
authorized individuals.
Marking UCNI Information
Different marking procedures apply for UCNI
and DoD UCNI.
UCNI: If a document
or material may contain UCNI, it should be marked in a
conspicuous manner with the following notice:
Not for Public Dissemination
May contain Unclassified Controlled Nuclear Information subject to section 148 of the
Atomic energy Act of 1954, as amended (42 U.S.C. 2168). Approval by the Department of
Energy prior to release is required.
If information or material is
definitely known to contain UCNI, it should be marked in a conspicuous manner with one of
the following notices:
Unclassified Controlled
Nuclear Information
Not for Public Dissemination
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)
or
Not for Public Dissemination
Unauthorized dissemination subject to civil and criminal sanctions under 42
U.S.C. 2168.
DoD UCNI:
Unclassified documents and material containing DoD UCNI information shall be marked as
follows:
DEPARTMENT OF DEFENSE
UNCLASSIFIED CONTROLLED NUCLEAR INFORMATION
EXEMPT FROM MANDATORY DISCLOSURE
(5 USC 552(b)(3), as authorized by .10 USC 128)
Safeguarding UCNI Information
Different safeguarding procedures apply for
UCNI and DoD UCNI.
UCNI: When UCNI
information is in use, physical control must be maintained to prevent unauthorized access.
When not in use, it must be stored in a secure container (e.g., locked desk or file
cabinet) or in a location where access is limited (e.g., locked or guarded office,
controlled access facility).
UCNI documents or material may be disposed of
by any method which assures sufficiently complete destruction to prevent its retrieval.
A document or material containing UCNI
material may be transmitted by U.S. first class, express, certified, or registered mail.
It must be packaged to prevent disclosure of the presence of UCNI to unauthorized persons.
UCNI may be discussed or transmitted over an
unprotected telephone or telecommunications circuit when required by operational
considerations. More secure means of communication should be utilized whenever possible.
UCNI information may be put on an Internet
web site only if access to the site is limited to a specific target audience and the
information is encrypted. See Pre-Publication Review
of Web Site Content.
DoD UCNI: During
working hours, reasonable steps should be taken to minimize risk of access by unauthorized
personnel. After working hours, DoD UCNI information shall be stored as a minimum in
unlocked containers, desks or cabinets if government or government-contract building
security is provided. If government or government-contract building security is not
provided, it must be stored at a minimum in a locked desk, file cabinet, bookcase, locked
room, or similar place.
DoD UCNI documents and material may be
transmitted via first class mail, parcel post, or -- for bulk shipments -- fourth class
mail. Electronic transmission of UCNI and DoD UCNI information (voice, data or facsimile)
should be by approved secure communications systems whenever practical.
DoD UCNI documents may be destroyed by
shredding or tearing into pieces and discarding the pieces in a regular trash container
unless circumstances suggest a need for more careful protection.
Enforcement
Violation of Section 148 of the Atomic Energy
Act carries a civil fine not to exceed $110,000. In addition, the individual may be
subject to a criminal penalty under Section 223 of the Act.
Legal Authorities
42 USC 2168 – Atomic Energy Act
of 1954.
10 CFR Part 1017 – Identification and Protection of Unclassified Controlled Nuclear
Information.
DoD Regulation 5200.1-R, Information Security Program.
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