[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: 10CFR710.5]

[Page 290-291]
 
                            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. 710.5  Definitions.

    (a) As used in this subpart:
    Access authorization means an administrative determination that an 
individual is eligible for access to classified matter or is eligible 
for access to, or control over, special nuclear material.
    Classified Matter means the material of thought or expression that 
is classified pursuant to statute or Executive Order.
    DOE Counsel means a DOE attorney assigned to represent DOE in 
proceedings under this subpart. DOE Counsel shall be a U.S. citizen and 
shall have been subject to a favorably adjudicated background 
investigation.
    Hearing Officer means a DOE attorney or senior management official 
appointed by the Director, Office of Hearings and Appeals, pursuant to 
Sec. 710.25. A Hearing Officer shall be a U.S. citizen and shall have 
been subject to a favorably adjudicated background investigation.
    Local Director of Security means the Operations Office or Naval 
Reactors Office Security and Safeguards Division Director, or other 
similar title; for Washington, DC area cases, the Director, Headquarters 
Operations Division; for the Idaho Operations Office, the Program 
Manager, Security and Resource Management Division; for the Pittsburgh 
Naval Reactors Office, the Director, Contracts and Securities Division; 
for the Savannah River Operations Office, the Director, Internal 
Security Division; and any person designated in writing to serve in one 
of

[[Page 291]]

the aforementioned positions in an ``acting'' capacity.
    National Security Information means any information that has been 
determined, pursuant to Executive Order 12958 or any predecessor Order, 
to require protection against unauthorized disclosure and that is so 
designated.
    Operations Office Manager or Manager means the Manager of a DOE 
Operations Office (Albuquerque, Chicago, Idaho, Nevada, Oak Ridge, 
Oakland, Richland, or Savannah River), the Manager of the Pittsburgh 
Naval Reactors Office, the Manager of the Schenectady Naval Reactors 
Office, and, for Washington, DC area cases, the Director, Office of 
Safeguards and Security.
    Secretary means the Secretary of Energy, as provided by section 201 
of the Department of Energy Organization Act.
    Special nuclear material means plutonium, uranium enriched in the 
isotope 233, or in the isotope 235, and any other material which, 
pursuant to the provisions of Section 51 of the Atomic Energy Act of 
1954, as amended, has been determined to be special nuclear material, 
but does not include source material; or any material artificially 
enriched by any of the foregoing, not including source material.
    (b) Throughout this subpart the use of the male gender shall include 
the female gender and vice versa.

[59 FR 35185, July 8, 1994, as amended at 66 FR 47063, Sept. 11, 2001]

   Criteria and Procedures for Determining Eligibility for Access to 
              Classified Matter or Special Nuclear Material