[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: 10CFR710.9]

[Page 293-294]
 
                            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. 710.9  Action on derogatory information.

    (a) If the reports of investigation of an individual or other 
reliable information tend to establish the validity and significance of 
one or more items in the criteria, or of other reliable information or 
facts which are of security concern, although outside the scope of the 
stated categories, such information shall be regarded as derogatory and 
create a question as to the individual's access authorization 
eligibility.
    (b) If a question arises as to the individual's access authorization 
eligibility, the Local Director of Security shall authorize the conduct 
of an interview with the individual, or other appropriate actions, which 
may include a DOE-sponsored mental evaluation, and, on the basis of the 
results of such interview or actions, may authorize the granting of the 
individual's access authorization. If, in the opinion of the Local 
Director of Security, the question as to the individual's access 
authorization eligibility has not been favorably resolved, he shall 
submit the matter to the Manager with a recommendation that authority be 
obtained to process the individual's case under administrative review 
procedures.
    (c) If the Manager agrees that unresolved derogatory information is 
present and that appropriate attempts to resolve such derogatory 
information have been unsuccessful, he shall notify the Director, Office 
of Safeguards and Security, of his proposal to conduct an administrative 
review proceeding, accompanied by an explanation of the security 
concerns and a duplicate Personnel Security File. If the Manager 
believes that the derogatory information has been favorably resolved, he 
shall direct that access authorization be granted for the individual. 
The Manager may also direct the Local Director of Security to obtain 
additional information in the matter prior to deciding whether to grant 
the individual access authorization or to submit a request for authority 
to conduct an administrative review proceeding. A decision in the matter 
shall be rendered by the Manager within 10 calendar days of its receipt.
    (d) Upon receipt of the Manager's notification, the Director, Office 
of Safeguards and Security, shall review the matter and confer with the 
Manager on:
    (1) The institution of administrative review proceedings set forth 
in Secs. 710.20 through 710.32;

[[Page 294]]

    (2) The granting of access authorization; or
    (3) Other actions as the Director deems appropriate.
    (e) The Director, Office of Safeguards and Security, shall act 
pursuant to one of these options within 30 calendar days of the receipt 
of the Manager's notification unless an extension is granted by the 
Director, Office of Security Affairs.

[66 FR 47063, Sept. 11, 2001]