[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR10.5]

[Page 242-243]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 10--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR 
 
                      Subpart A--General Provisions
 
Sec. 10.5  Definitions.

    Access authorization means an administrative determination that an 
individual (including a consultant) who is employed by or an applicant 
for employment with the NRC, NRC contractors, agents, and licensees of 
the NRC, or other person designated by the Deputy Executive Director for 
Management Services, is eligible for a security clearance for access to 
Restricted Data or National Security Information.
    Commission means the Nuclear Regulatory Commission of five members 
or a quorum thereof sitting as a body, as provided by section 201 of the 
Energy Reorganization Act of 1974, or its designee.
    Eligible or Eligibility means both initial eligibility and continued 
eligibility of an individual for access authorization and/or employment 
clearance.
    Employment Clearance means an administrative determination that an 
individual (including a consultant) who is an NRC employee or applicant 
for NRC employment and other persons designated by the Deputy Executive 
Director for Management Services of the NRC is eligible for employment 
or continued employment pursuant to subsection 145(b) of the Atomic 
Energy Act of 1954, as amended.
    Hearing Counsel means an NRC attorney assigned by the General 
Counsel to prepare and administer hearings in accordance with this part.
    Hearing Examiner means a qualified attorney appointed by the 
Director, Office of Administration, to conduct a hearing in accordance 
with this part.
    National Security Information means 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.
    NRC Personnel Security Review Panel means an appeal panel appointed 
by the Deputy Executive Director for Management Services and consisting 
of three members, two of whom shall be selected from outside the 
security field. One member of the Panel shall be designated as Chairman.
    Personnel Security Review Examiners are persons designated by the 
Executive Director for Operations to conduct a review of the record in 
accordance with this part.
    Restricted Data means all data concerning design, manufacture, or 
utilization of atomic weapons, the production of special nuclear 
material, or the

[[Page 243]]

use of special nuclear material in the production of energy, but shall 
not include data declassified or removed from the Restricted Data 
category pursuant to section 142 of the Atomic Energy Act of 1954, as 
amended.

[47 FR 38676, Sept. 2, 1982, as amended at 51 FR 35999, Oct. 8, 1986; 52 
FR 31609, Aug. 21, 1987; 54 FR 53316, Dec. 28, 1989; 64 FR 15641, Apr. 
1, 1999]