[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR710.4]

[Page 289-290]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 710--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO CLASSIFIED MATTER OR SPECIAL NUCLEAR MATERIAL--Table of Contents
 
 Subpart A--General Criteria and Procedures for Determining Eligibility 
       for Access to Classified Matter or Special Nuclear Material
 
Sec. 710.4  Policy.

    (a) It is the policy of DOE to provide for the security of its 
programs in a manner consistent with traditional

[[Page 290]]

American concepts of justice and fairness. To this end, the Secretary 
has established criteria for determining eligibility for access 
authorization and procedures that will afford those individuals 
described in Sec. 710.2 the opportunity for administrative review of 
questions concerning their eligibility for access authorization.
    (b) It is also the policy of DOE that none of the procedures 
established by DOE for determining eligibility for access authorization 
shall be used for an improper purpose, including any attempt to coerce, 
restrain, threaten, intimidate, or retaliate against individuals for 
exercising their rights under any statute, regulation or DOE directive. 
Any DOE officer or employee violating, or causing the violation of this 
policy, shall be subject to appropriate disciplinary action.
    (c) If the individual is currently awaiting a hearing or trial, or 
has been convicted of a crime punishable by imprisonment of six (6) 
months or longer, or is awaiting or serving a form of preprosecution 
probation, suspended or deferred sentencing, court ordered probation, or 
parole in conjunction with an arrest or criminal charges initiated 
against the individual for a crime that is punishable by imprisonment of 
six (6) months or longer, DOE may suspend processing an application for 
access authorization until such time as the hearing, trial, criminal 
prosecution, suspended sentencing, deferred sentencing, probation, or 
parole has been completed.
    (d) DOE may suspend processing an application for access 
authorization if sufficient information about the individual's 
background cannot be obtained to meet the investigative scope and extent 
requirements for the access authorization requested.
    (e) DOE may suspend processing an application for access 
authorization until such time as a question regarding an individual's 
national allegiance is resolved. For example, if an individual is 
exercising rights of citizenship conferred by a country other than the 
United States, DOE will be concerned with whether granting access 
authorization to that individual constitutes an unacceptable national 
security risk.
    (f) DOE may suspend processing an application for access 
authorization whenever an individual fails to fulfill the 
responsibilities described in Sec. 710.6.
    (g) If an individual believes that the provisions of paragraph (c), 
(d), or (e) of this section have been inappropriately applied, a written 
appeal may be filed with the Director, Office of Safeguards and 
Security, DOE Headquarters, within 30 calendar days of the date the 
individual was notified of the action. The Director, Office of 
Safeguards and Security, shall act on the written appeal as described in 
section 710.6(c).

[59 FR 35185, July 8, 1994, as amended at 66 FR 47062, Sept. 11, 2001]