[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR712.12]

[Page 376-378]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 712_HUMAN RELIABILITY PROGRAM--Table of Contents
 
  Subpart A_Establishment of and Procedures for the Human Reliability 
                                 Program
 
Sec. 712.12  HRP implementation.

    (a) The implementation of the HRP is the responsibility of the 
appropriate

[[Page 377]]

Manager or his or her designee. The Manager or designee must fully 
implement the HRP by April 22, 2004.
    (b) The HRP Management Official must:
    (1) Prepare an initial HRP implementation plan and submit it by 
March 23, 2004, to the applicable Manager for review and site approval. 
The implementation plan must:
    (i) Be reviewed and updated every two years;
    (ii) Include the four annual components of the HRP process: 
supervisory review, medical assessment, management evaluation (which 
includes random drug and alcohol testing), and a DOE personnel security 
determination; and
    (iii) Include the HRP instruction and education component described 
in Sec. 712.17 of this part.
    (2) Approve the temporary removal and the reinstatement after 
temporary removal of an HRP-certified individual if the removal was 
based on a nonsecurity concern and the HRP-certified individual 
continues to meet the certification requirements and notify the HRP 
certifying official of these actions.
    (c) The Deputy Administrator for Defense Programs, NNSA must:
    (1) Provide advice and assistance to the Director, Office of 
Security, regarding policies, standards, and guidance for all nuclear 
explosive duty requirements; and
    (2) Be responsible for implementation of all nuclear explosive duty 
safety requirements.
    (d) The DOE Deputy Secretary, based on a recommendation of the 
Director, Office of Security, makes the final decision for any appeal of 
denial or revocation of certification or recertification from HRP.
    (e) The Director, Security Policy Staff, within the Office of 
Security, is responsible for HRP policy and must:
    (1) Ensure consistency of the HRP throughout the DOE and NNSA;
    (2) Review and comment on all HRP implementation plans to ensure 
consistency with policy; and
    (3) Provide policies and guidance, including instructional 
materials, to NNSA and non-NNSA field elements concerning the HRP, as 
appropriate.
    (f) The Manager must:
    (1) Review and approve the HRP implementation plan for sites/
facilities under their cognizance and forward the plan to the Director, 
Security Policy Staff; and
    (2) Ensure that the HRP is implemented at the sites/facilities under 
their cognizance.
    (g) The HRP certifying official must:
    (1) Approve placement, certification, reinstatement, and 
recertification of individuals into HRP positions; for unresolved 
temporary removals, follow the process in Sec. 712.19(c)(5);
    (2) Ensure that instructional requirements are implemented;
    (3) Immediately notify (for the purpose of limiting access) the 
appropriate HRP management official of a personnel security action that 
results in the suspension of access authorization; and
    (4) Ensure that the supervisory review, medical assessment, and 
management evaluation, including drug and alcohol testing, are conducted 
on an annual basis (not to exceed 12 months).
    (h) Individuals assigned to HRP duties must:
    (1) Execute HRP releases, acknowledgments, and waivers to facilitate 
the collection and dissemination of information, the performance of drug 
and alcohol testing, and medical examinations;
    (2) Notify the Designated Physician, the Designated Psychologist, or 
the SOMD immediately of a physical or mental condition requiring 
medication or treatment;
    (3) Provide full, frank, and truthful answers to relevant and 
material questions, and when requested, furnish, or authorize others to 
furnish, information that DOE deems pertinent to reach a decision 
regarding HRP certification or recertification;
    (4) Report any observed or reported behavior or condition of another 
HRP-certified individual that could indicate a reliability concern, 
including those behaviors and conditions listed in Sec. 712.13(c), to a 
supervisor, the Designated Physician, the Designated Psychologist, the 
SOMD, or the HRP management official; and

[[Page 378]]

    (5) Report to a supervisor, the Designated Physician, the Designated 
Psychologist, the SOMD, or the HRP management official, any behavior or 
condition, including those listed in Sec. 712.13(c), that may affect 
his or her ability to perform HRP duties.