[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: 10CFR710.7]

[Page 291-292]
 
                            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. 710.7  Application of the criteria.

    (a) The decision as to access authorization is a comprehensive, 
common-sense judgment, made after consideration of all relevant 
information, favorable and unfavorable, as to whether the granting or 
continuation of access authorization will not endanger the common 
defense and security and is clearly consistent with the national 
interest. Any doubt as to an individual's access authorization 
eligibility shall be resolved in favor of the national security. Absent 
any derogatory information, a favorable determination usually will be 
made as to access authorization eligibility.

[[Page 292]]

    (b) To assist in making these determinations, on the basis of all 
the information in a particular case, there are set forth in this 
subpart criteria consisting of a number of specific types of derogatory 
information. These criteria are not exhaustive but contain the principal 
types of derogatory information which create a question as to the 
individual's eligibility for access authorization. DOE is not limited to 
these criteria or precluded from exercising its judgment that 
information or facts in a case under its cognizance are derogatory 
although at variance with, or outside the scope of, the stated 
categories. These criteria are subject to continuing review and may be 
revised from time to time as experience and circumstances may make 
desirable.
    (c) In resolving a question concerning an individual's eligibility 
for access authorization, all DOE officials involved in the decision-
making process shall consider: the nature, extent, and seriousness of 
the conduct; the circumstances surrounding the conduct, to include 
knowledgeable participation; the frequency and recency of the conduct; 
the age and maturity of the individual at the time of the conduct; the 
voluntariness of participation; the absence or presence of 
rehabilitation or reformation and other pertinent behavioral changes; 
the motivation for the conduct; the potential for pressure, coercion, 
exploitation, or duress; the likelihood of continuation or recurrence; 
and other relevant and material factors.

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