[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: 10CFR710.8]

[Page 292-293]
 
                            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. 710.8  Criteria.

    Derogatory information shall include, but is not limited to, 
information that the individual has:
    (a) Committed, prepared or attempted to commit, or aided, abetted or 
conspired with another to commit or attempt to commit any act of 
sabotage, espionage, treason, terrorism, or sedition.
    (b) Knowingly established or continued a sympathetic association 
with a saboteur, spy, terrorist, traitor, seditionist, anarchist, or 
revolutionist, espionage agent, or representative of a foreign nation 
whose interests are inimical to the interests of the United States, its 
territories or possessions, or with any person advocating the use of 
force or violence to overthrow the Government of the United States or 
any state or subdivision thereof by unconstitutional means.
    (c) Knowingly held membership in or had a knowing affiliation with, 
or has knowingly taken action which evidences a sympathetic association 
with the intent of furthering the aims of, or adhering to, and actively 
participating in, any foreign or domestic organization, association, 
movement, group, or combination of persons which advocates or practices 
the commission of acts of force or violence to prevent others from 
exercising their rights under the Constitution or Laws of the United 
States or any state or subdivision thereof by unlawful means.
    (d) Publicly or privately advocated, or participated in the 
activities of a group or organization, which has as its goal, revolution 
by force or violence to overthrow the Government of the United States or 
the alteration of the form of Government of the United States by 
unconstitutional means with the knowledge that it will further those 
goals.
    (e) Parent(s), brother(s), sister(s), spouse, or offspring residing 
in a nation whose interests may be inimical to the interests of the 
United States.
    (f) Deliberately misrepresented, falsified, or omitted significant 
information from a Personnel Security Questionnaire, a Questionnaire for 
Sensitive (or National Security) Positions, a personnel qualifications 
statement, a personnel security interview, written or oral statements 
made in response to official inquiry on a matter that is relevant to a 
determination regarding eligibility for DOE access authorization, or 
proceedings conducted pursuant to Sec. 710.20 through Sec. 710.31.
    (g) Failed to protect classified matter, or safeguard special 
nuclear material; or violated or disregarded security or safeguards 
regulations to a degree which would be inconsistent with the national 
security; or disclosed classified information to a person unauthorized 
to receive such information; or violated or disregarded regulations, 
procedures, or guidelines pertaining to

[[Page 293]]

classified or sensitive information technology systems.
    (h) An illness or mental condition of a nature which, in the opinion 
of a psychiatrist or licensed clinical psychologist, causes or may 
cause, a significant defect in judgment or reliability.
    (i) Refused to testify before a Congressional Committee, Federal or 
state court, or Federal administrative body, regarding charges relevant 
to eligibility for DOE, or another Federal agency's access 
authorization.
    (j) Been, or is, a user of alcohol habitually to excess, or has been 
diagnosed by a psychiatrist or a licensed clinical psychologist as 
alcohol dependent or as suffering from alcohol abuse.
    (k) Trafficked in, sold, transferred, possessed, used, or 
experimented with a drug or other substance listed in the Schedule of 
Controlled Substances established pursuant to section 202 of the 
Controlled Substances Act of 1970 (such as marijuana, cocaine, 
amphetamines, barbiturates, narcotics, etc.) except as prescribed or 
administered by a physician licensed to dispense drugs in the practice 
of medicine, or as otherwise authorized by Federal law.
    (l) Engaged in any unusual conduct or is subject to any 
circumstances which tend to show that the individual is not honest, 
reliable, or trustworthy; or which furnishes reason to believe that the 
individual may be subject to pressure, coercion, exploitation, or duress 
which may cause the individual to act contrary to the best interests of 
the national security. Such conduct or circumstances include, but are 
not limited to, criminal behavior, a pattern of financial 
irresponsibility, conflicting allegiances, or violation of any 
commitment or promise upon which DOE previously relied to favorably 
resolve an issue of access authorization eligibility.

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