10 CFR 1704.4(c)(2)
Listed by: NARA Registry, DoD Registry, Related authorities
Designation evidence
- NARA authority row: 10 CFR 1704.4(c)(2) | status: Basic | banner: CUI.
- DoD authority row: 10 CFR 1704.4(c)(2). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: 10 CFR 1704.4(c)(2) | status: Basic | banner: CUI
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- 10 CFR 1704.4(c)(2) authority text
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- NARA category scope used with this authority: Related to recommendations to the Secretary of Energy with respect to Department of Energy defense nuclear facilities as determined necessary to ensure adequate protection of public health and safety.
- DoD category scope used with this authority: Recommendations to the Secretary of Energy with respect to Department of Energy defense nuclear facilities determined necessary to ensure adequate protection of public health and safety.
- 10 CFR 1704.4(c)(2) | status: Basic | banner: CUI
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to recommendations to the Secretary of Energy with respect to Department of Energy defense nuclear facilities as determined necessary to ensure adequate protection of public health and safety.
- DoD category scope: Recommendations to the Secretary of Energy with respect to Department of Energy defense nuclear facilities determined necessary to ensure adequate protection of public health and safety.
- Extracted authority condition: (d) Disclose trade secrets and com- mercial or financial information ob- tained from a person and privileged or confidential; (e) Involve accusing any person of a crime, or formally censuring any per- son; (f) Disclose information of a personal nature where disclosure would con- stitute a clearly unwarranted invasion of personal privacy; (g) Disclose investigatory records compiled for law enforcement purposes, or information which, if written, would be contained in such records, but only to the extent that the production of such records or information would; (1) Interfere with enforcement pro- ceedings; (2) Deprive a person of a right to a fair trial or an impartial adjudication; (3) Constitute an unwarranted inva- sion of personal privacy; (4) Disclose the identity of a con- fidential source and, in the case of a record compiled by a criminal law en- forcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the con- fidential source; (5) Disclose investigative techniques and procedures; or (6) Endanger the life or physical safe- ty of law enforcement personnel; (h) Disclose information the pre- mature disclosure of which would be likely to significantly frustrate imple- mentation of a proposed action of the Board,...
- Extracted authority condition: Safety Board § 1704.5 as to leave no discretion on the issue; or (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld; (2) This exemption applies to Board meetings, or portions of meetings, in- volving deliberations regarding rec- ommendations which, under 42 U.S.C. 2286d(b) and (h)(3), may not be made publicly available until after they have been received by the Secretary of En- ergy or the President, respectively; De- fense Nuclear Facilities Safety Board.
- Extracted authority condition: (3) A session attended by three or more Members for which the purpose is to have the Board’s staff or expert con- sultants to the Board brief or other- wise provide information to the Board concerning any matters within the pur- view of the Board under its authorizing statute, provided that the Board does not engage in deliberations that deter- mine or result in the joint conduct or disposition of official Board business on such matters.
- Extracted authority condition: (4) A session attended by three or more Members for which the purpose is to have the Department of Energy (in- cluding its contractors) or other per- sons or organizations brief or otherwise provide information to the Board con- cerning any matters within the pur- view of the Board under its authorizing statute, provided that the Board does not engage in deliberations that deter- mine or result in the joint conduct or disposition of official Board business on such matters.
- Extracted authority condition: Except in a case where the Board finds that the public interest requires otherwise, a meeting may be closed and information pertinent to such meeting otherwise required by §§ 1704.5, 1704.6, and 1704.7 to be disclosed to the public may be withheld if the Board properly determines that such meeting or por- tion thereof or the disclosure of such information is likely to: (a) Disclose matters that are: (1) Specifically authorized under cri- teria established by an Executive Order to be kept secret in the interests of na- tional defense or foreign policy; and (2) In fact properly classified pursu- ant to such Executive order.
- Extracted authority condition: A meeting does not in- clude: (1) Notation voting or similar consid- eration of business for the purpose of recording of votes, whether by circula- tion of material to the Members indi- vidually in writing or by a polling of the Members individually by tele- phone.
Safeguarding and dissemination controls
- NARA registry control evidence: status Basic; banner marking CUI.
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Basic
- Nara authority rows: 42 USC 2286d(b) | status: Basic | banner: CUI || 42 USC 2286d(h)(3) | status: Basic | banner: CUI || 10 CFR 1704.4(c)(2) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: Safety Board § 1704.5 as to leave no discretion on the issue; or (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld; (2) This exemption applies to Board meetings, or portions of meetings, in- volving deliberations regarding rec- ommendations which, under 42 U.S.C. 2286d(b) and (h)(3), may not be made publicly available until after they have been received by the Secretary of En- ergy or the President, respectively; De- fense Nuclear Facilities Safety Board.
- Extracted authority control: Except in a case where the Board finds that the public interest requires otherwise, a meeting may be closed and information pertinent to such meeting otherwise required by §§ 1704.5, 1704.6, and 1704.7 to be disclosed to the public may be withheld if the Board properly determines that such meeting or por- tion thereof or the disclosure of such information is likely to: (a) Disclose matters that are: (1) Specifically authorized under cri- teria established by an Executive Order to be kept secret in the interests of na- tional defense or foreign policy; and (2) In fact properly classified pursu- ant to such Executive order.
- Extracted authority control: (2) Action by three or more Members to: (i) Open or to close a meeting or to release or to withhold information pur- suant to § 1704.5; (ii) Set an agenda for a proposed meeting(s); (iii) Call a meeting on less than seven days’ notice as permitted by § 1704.6(b); or (iv) Change the subject matter or the determination to open or to close a publicly announced meeting under § 1704.7(b).
- Extracted authority control: Except as provided in § 1704.4, the Board’s meet- ings, or portions thereof, shall be open to public observation.
- Extracted authority control: In making the determination that this exemption applies, the Board shall rely upon the classification assigned to a document by the Department of Energy or other originating agency; (b) Relate solely to the internal per- sonnel rules and practices of the Board; (c)(1) Disclose matters specifically exempted from disclosure by statute (other than 5 U.S.C.
- Extracted authority control: (a) Any meetings of the Board, as de- fined in § 1704.2, shall be conducted in accordance with this part.
- Extracted authority control: (d) Disclose trade secrets and com- mercial or financial information ob- tained from a person and privileged or confidential; (e) Involve accusing any person of a crime, or formally censuring any per- son; (f) Disclose information of a personal nature where disclosure would con- stitute a clearly unwarranted invasion of personal privacy; (g) Disclose investigatory records compiled for law enforcement purposes, or information which, if written, would be contained in such records, but only to the extent that the production of such records or information would; (1) Interfere with enforcement pro- ceedings; (2) Deprive a person of a right to a fair trial or an impartial adjudication; (3) Constitute an unwarranted inva- sion of personal privacy; (4) Disclose the identity of a con- fidential source and, in the case of a record compiled by a criminal law en- forcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the con- fidential source; (5) Disclose investigative techniques and procedures; or (6) Endanger the life or physical safe- ty of law enforcement personnel; (h) Disclose information the pre- mature disclosure of which would be likely to significantly frustrate imple- mentation of a proposed action of the Board,...
Authority excerpts
Most relevant extracted authority passage
Safety Board § 1704.5 as to leave no discretion on the issue; or (ii) Establishes particular criteria for withholding or refers to particular types of matters to be withheld; (2) This exemption applies to Board meetings, or portions of meetings, in- volving deliberations regarding rec- ommendations which, under 42 U.S.C. 2286d(b) and (h)(3), may not be made publicly available until after they have been received by the Secretary of En- ergy or the President, respectively; De- fense Nuclear Facilities Safety Board.
Extracted authority passage 2
Except in a case where the Board finds that the public interest requires otherwise, a meeting may be closed and information pertinent to such meeting otherwise required by §§ 1704.5, 1704.6, and 1704.7 to be disclosed to the public may be withheld if the Board properly determines that such meeting or por- tion thereof or the disclosure of such information is likely to: (a) Disclose matters that are: (1) Specifically authorized under cri- teria established by an Executive Order to be kept secret in the interests of na- tional defense or foreign policy; and (2) In fact properly classified pursu- ant to such Executive order.
Extracted authority passage 3
(2) Action by three or more Members to: (i) Open or to close a meeting or to release or to withhold information pur- suant to § 1704.5; (ii) Set an agenda for a proposed meeting(s); (iii) Call a meeting on less than seven days’ notice as permitted by § 1704.6(b); or (iv) Change the subject matter or the determination to open or to close a publicly announced meeting under § 1704.7(b).
Extracted authority passage 4
Except as provided in § 1704.4, the Board’s meet- ings, or portions thereof, shall be open to public observation.
Extracted authority passage 5
In making the determination that this exemption applies, the Board shall rely upon the classification assigned to a document by the Department of Energy or other originating agency; (b) Relate solely to the internal per- sonnel rules and practices of the Board; (c)(1) Disclose matters specifically exempted from disclosure by statute (other than 5 U.S.C.
Extracted authority passage 6
(d) Disclose trade secrets and com- mercial or financial information ob- tained from a person and privileged or confidential; (e) Involve accusing any person of a crime, or formally censuring any per- son; (f) Disclose information of a personal nature where disclosure would con- stitute a clearly unwarranted invasion of personal privacy; (g) Disclose investigatory records compiled for law enforcement purposes, or information which, if written, would be contained in such records, but only to the extent that the production of such records or information would; (1) Interfere with enforcement pro- ceedings; (2) Deprive a person of a right to a fair trial or an impartial adjudication; (3) Constitute an unwarranted inva- sion of personal privacy; (4) Disclose the identity of a con- fidential source and, in the case of a record compiled by a criminal law en- forcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the con- fidential source; (5) Disclose investigative techniques and procedures; or (6) Endanger the life or physical safe- ty of law enforcement personnel; (h) Disclose information the pre- mature disclosure of which would be likely to significantly frustrate imple- mentation of a proposed action of the Board,...
42 USC 2286d(b)and (h)(3)
Listed by: DoD Registry, Related authorities
Designation evidence
- DoD authority row: 42 USC 2286d(b)and (h)(3). DoD lists this citation for the category; this DoD detail page does not display a separate Basic/Specified field.
- Related authority evidence: DoD lists this authority for the category; the linked authority text is extracted below when available.
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
- Registry designation for this category is Basic with banner CUI.
Extracted authority meaning
- Page 4875 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2286d
- Registry designation context: Basic, CUI. The linked authority text contains category-scope or applicability language that helps determine when the information falls within this CUI category. The linked authority text contains disclosure, access, protection, release, dissemination, or distribution-control language relevant to handling. The linked authority text contains violation, penalty, sanction, or enforcement language that may affect consequences for mishandling.
Operating conditions
- DoD category scope used with this authority: Recommendations to the Secretary of Energy with respect to Department of Energy defense nuclear facilities determined necessary to ensure adequate protection of public health and safety.
- DoD lists this authority for the category; the linked authority text is extracted below when available.
- NARA registry status: Basic. Per-authority NARA status values: Basic. NARA banner marking evidence: CUI. The registry evidence is preserved here; detailed primary-law or regulation text analysis remains pending for this category.
- NARA category scope: Related to recommendations to the Secretary of Energy with respect to Department of Energy defense nuclear facilities as determined necessary to ensure adequate protection of public health and safety.
- DoD category scope: Recommendations to the Secretary of Energy with respect to Department of Energy defense nuclear facilities determined necessary to ensure adequate protection of public health and safety.
- Extracted authority condition: Each contractor operating a Depart- ment of Energy defense nuclear facility under a contract awarded by the Secretary shall, to the extent provided in such contract or otherwise with the contractor’s consent, fully cooperate with the Board and provide the Board with ready access to such facilities, personnel, and information of the contractor as the Board con- siders necessary to carry out its responsibilities under this subchapter.
- Extracted authority condition: Reports (a) Board report (1) The Board shall submit to the Committees on Armed Services, Appropriations, and Energy and Commerce of the House of Representatives and the Committees on Armed Services, Appro- priations, and Energy and Natural Resources of the Senate each year, at the same time that the President submits the budget to Congress pursu- ant to section 1105(a) of title 31, a written report concerning its activities under this subchapter, including all recommendations made by the Board, during the year preceding the year in which the report is submitted.
- Extracted authority condition: (2) The annual report under paragraph (1) shall include an assessment of— (A) the improvements in the safety of De- partment of Energy defense nuclear facilities during the period covered by the report; (B) the improvements in the safety of De- partment of Energy defense nuclear facilities resulting from actions taken by the Board or taken on the basis of the activities of the Board; and (C) the outstanding safety problems, if any, of Department of Energy defense nuclear fa- cilities.
- Extracted authority condition: (j) Evaluation of information The Board may evaluate information received from the scientific and industrial communities, and from the interested public, with respect to— (1) events or practices at any Department of Energy defense nuclear facility; or (2) suggestions for specific measures to im- prove the content of standards described in section 2286a(b)(1) of this title, the implemen- tation of such standards, or research relating to such standards at Department of Energy de- fense nuclear facilities.
- Extracted authority condition: (2) At the same time that the Board transmits a recommendation relating to an imminent or severe threat to the Secretary of Energy, the Board shall also transmit the recommendation to the President and for information purposes to
Safeguarding and dissemination controls
- DoD applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- Nara basic or specified: Basic
- Nara authority rows: 42 USC 2286d(b) | status: Basic | banner: CUI || 42 USC 2286d(h)(3) | status: Basic | banner: CUI || 10 CFR 1704.4(c)(2) | status: Basic | banner: CUI
- Nara banner markings: CUI
- Dod applicable policies: Hosted by Department of War Information Activity - WEB.mil, ![Image 2: Veterans Crisis Line number. Dial 988 then Press 1
- No DoD required dissemination control is listed on the registry page. Apply approved limited dissemination controls only when required or permitted by the designating agency or governing authority.
- Use the registry assertions, NARA authority rows, DoD authorities, DoD policies, warning statements, required dissemination controls, and examples first. Where the cited authority does not specify a handling detail, apply CUI Basic safeguards and dissemination rules so long as they do not conflict with the authority or agency-specific controls.
- Extracted authority control: (i) Special studies The Board may conduct special studies per- taining to adequate protection of public health and safety at any Department of Energy defense nuclear facility.
- Extracted authority control: Each contractor operating a Depart- ment of Energy defense nuclear facility under a contract awarded by the Secretary shall, to the extent provided in such contract or otherwise with the contractor’s consent, fully cooperate with the Board and provide the Board with ready access to such facilities, personnel, and information of the contractor as the Board con- siders necessary to carry out its responsibilities under this subchapter.
- Extracted authority control: Responsibilities of Secretary of Energy (a) Cooperation The Secretary of Energy shall fully cooperate with the Board and provide the Board with ready access to such facilities, personnel, and information as the Board considers necessary to carry out its responsibilities under this sub- chapter.
- Extracted authority control: (i) Limitation Notwithstanding any other provision of this section, the requirements to make information available to the public under this section— (1) shall not apply in the case of information that is classified; and (2) shall be subject to the orders and regula- tions issued by the Secretary of Energy under sections 2167 and 2168 of this title to prohibit dissemination of certain information.
- Extracted authority control: (b) Access to information The Secretary of Energy may deny access to information provided to the Board to any person who— (1) has not been granted an appropriate secu- rity clearance or access authorization by the Secretary of Energy; or (2) does not need such access in connection with the duties of such person.
- Extracted authority control: 1218.) REFERENCES INTEXT The Federal Rules of Civil Procedure, referred to in subsec.
Authority excerpts
Most relevant extracted authority passage
(i) Special studies The Board may conduct special studies per- taining to adequate protection of public health and safety at any Department of Energy defense nuclear facility.
Extracted authority passage 2
Each contractor operating a Depart- ment of Energy defense nuclear facility under a contract awarded by the Secretary shall, to the extent provided in such contract or otherwise with the contractor’s consent, fully cooperate with the Board and provide the Board with ready access to such facilities, personnel, and information of the contractor as the Board con- siders necessary to carry out its responsibilities under this subchapter.
Extracted authority passage 3
Responsibilities of Secretary of Energy (a) Cooperation The Secretary of Energy shall fully cooperate with the Board and provide the Board with ready access to such facilities, personnel, and information as the Board considers necessary to carry out its responsibilities under this sub- chapter.
Extracted authority passage 4
(i) Limitation Notwithstanding any other provision of this section, the requirements to make information available to the public under this section— (1) shall not apply in the case of information that is classified; and (2) shall be subject to the orders and regula- tions issued by the Secretary of Energy under sections 2167 and 2168 of this title to prohibit dissemination of certain information.
Extracted authority passage 5
(b) Access to information The Secretary of Energy may deny access to information provided to the Board to any person who— (1) has not been granted an appropriate secu- rity clearance or access authorization by the Secretary of Energy; or (2) does not need such access in connection with the duties of such person.
Extracted authority passage 6
Reports (a) Board report (1) The Board shall submit to the Committees on Armed Services, Appropriations, and Energy and Commerce of the House of Representatives and the Committees on Armed Services, Appro- priations, and Energy and Natural Resources of the Senate each year, at the same time that the President submits the budget to Congress pursu- ant to section 1105(a) of title 31, a written report concerning its activities under this subchapter, including all recommendations made by the Board, during the year preceding the year in which the report is submitted.