[Title 28 CFR 13]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 28 - JUDICIAL ADMINISTRATION]
[Chapter I - DEPARTMENT OF JUSTICE]
[Part 13 - ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS REGULATIONS]
[From the U.S. Government Printing Office]
28JUDICIAL ADMINISTRATION12002-07-012002-07-01falseATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS REGULATIONS13PART 13JUDICIAL ADMINISTRATIONDEPARTMENT OF JUSTICE
PART 13--ATOMIC WEAPONS AND SPECIAL NUCLEAR MATERIALS REWARDS REGULATIONS--Table of Contents
13.4 Procedures: Responsibilities of the Attorney General.
13.5 Procedures: Responsibilities of the intra-departmental committee.
13.6 Criteria for reward.
13.7 Judicial review.
Authority: 50 U.S.C. 47d.
Source: Order No. 974-82, 47 FR 11516, Mar. 17, 1982, unless
Sec. 13.1 Purpose.
This part implements the responsibility given to the Attorney
General under the Atomic Weapons and Special Nuclear Materials Rewards
Act, 50 U.S.C. 47a-47f, for determining what persons are entitled to a
reward for furnishing certain original information to the United States
pertaining to atomic weapons and special nuclear material.
Sec. 13.2 Policy.
This program is intended to reward the provision of original
information regarding situations involving an illegal diversion, an
attempted illegal diversion, or a conspiracy to divert special nuclear
material or atomic weapons. The broad scope of this program is to help
guard against the loss or diversion of such material and to prevent any
use or disposition thereof inimical to the common defense and security.
Sec. 13.3 Definitions.
Atomic energy means all forms of energy released in the course of
nuclear fission or nuclear transformation.
Atomic weapon means any device utilizing atomic energy, exclusive of
the means for transporting or propelling the device (where such means is
a separable and divisible part of the device), the principal purpose of
which is for use as, or for development of, a weapon, a weapon
prototype, or a weapon test device.
Original information means information first supplied to the Federal
government by the applicant, which was created or compiled through his
own skill and judgment.
Special nuclear material means plutonium, or uranium enriched in the
isotope 233 or in the isotope 235, or any other material which is found
to be special nuclear material pursuant to the provisions of the Atomic
Energy Act of 1954, 42 U.S.C. 2011 et seq.
United States, when used in a geographical sense, includes Puerto
Rico, all Territories and possessions of the United States and the Canal
Zone except in Sec. 13.4(a)(4). In Sec. 13.4(a)(4), United States, when
used in a geographical sense, means the continental United States,
Alaska, Hawaii, Puerto Rico, Guam, and the Virgin Islands of the United
Sec. 13.4 Procedures: Responsibilities of the Attorney General.
When a submission is made to the Department of Justice for a reward
under the Atomic Weapons and Special Nuclear Materials Rewards Act, the
Attorney General shall:
(a) Refer such submission for review to an intra-departmental
committee composed of the Assistant Attorneys
General for the Land and Natural Resources Division, the Criminal
Division, and the Office of Legal Counsel or their delegates;
(b) Review the proposed finding of the review committee and
determine whether a reward is justified and the amount of same;
(c) Secure the approval of the President for any reward over
(d) Jointly determine (along with the Secretary of State and the
Director of Central Intelligence), if the award is to go to an alien,
whether the entry of such alien into the United States is in the public
interest and whether that alien and members of his immediate family may
receive immigrant visas and be admitted to the United States for
permanent residence, notwithstanding the requirements of the Immigration
and Nationality Act;
(e) Notify any person claiming an award of the determination
regarding the claim and the amount of the reward, if any. If no reward
is determined to be justified, state the reasons, consistent with
national security, for the denial;
(f) Certify and transmit, along with the approval of the President
if necessary, any award to be made to the Director of Central
Intelligence for payment out of funds appropriated or available for the
administration of the National Security Act of 1947, as amended, 50
U.S.C. 401 et seq;
(g) Not certify any amount over $500,000.
Sec. 13.5 Procedures: Responsibilities of the intra-departmental committee.
When the Attorney General refers a submission for a reward to the
intra-departmental committee, this committee:
(a) Shall consult with the Nuclear Regulatory Commission and the
Department of Energy regarding the reward;
(b) May consult with the Central Intelligence Agency and any other
departments or agencies it deems appropriate to aid in the determination
of whether a reward should be given and the proper amount of the reward;
(c) May hold hearings for the purpose of securing and evaluating
information; a full hearing on the record with oral presentation and
cross-examination is not required;
(d) Shall determine whether the information submitted fits one or
more of the rewardable categories outlined in Sec. 13.6;
(e) Shall determine whether the applicant is eligible for the
reward. Federal employees and military personnel whose duties include
investigating activities covered by this Act are not eligible for a
reward for information acquired in the course of their investigation;
(f) Shall submit to the Attorney General a proposed finding as to
eligibility and a recommendation for the amount of the reward within 60
days of the date of referral from the Attorney General, unless good
cause is shown for extending the time of review.
Sec. 13.6 Criteria for reward.
(a) Information provided by any person to the United States for a
reward under the Atomic Weapons and Special Nuclear Materials Rewards
Act must be original, and must concern the unlawful:
(1) Introduction, manufacture or acquisition, or
(2) Attempted introduction, manufacture or acquisition of, or
(3) Export or attempt to export, or
(4) Conspiracy to introduce, manufacture, acquire or export special
nuclear material or atomic weapons, or
(5) Loss, diversion or disposal or special nuclear material or
(b) The amount of the reward shall depend on:
(1) The amount of the material recovered or potentially recoverable,
and the role the information played in the recovery, and
(2) The danger the material posed or poses to the common defense and
security or public health and welfare, and
(3) The difficulty in ascertaining the information submitted to
claim the reward, and the quality of the information, and
(4) Any other considerations which the Attorney General or the
intra-departmental committee deems necessary or helpful to the
Sec. 13.7 Judicial review.
The decision of the Attorney General is final and conclusive and no
court shall have power or jurisdiction to review it.