[Code of Federal Regulations]
[Title 10, Volume 2]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR95.18]

[Page 546]
 
                            TITLE 10--ENERGY
                  (This book contains parts 51 to 199)
 
          CHAPTER I--NUCLEAR REGULATORY COMMISSION (Continued)
 
PART 95_FACILITY SECURITY CLEARANCE AND SAFEGUARDING OF NATIONAL 
SECURITY INFORMATION AND RESTRICTED DATA--Table of Contents
 
Sec. 95.18  Key personnel.

    The senior management official and the Facility Security Officer 
must always be cleared to a level commensurate with the Facility 
Clearance. Other key management officials, as determined by the CSA, 
must be granted an access authorization or be excluded from classified 
access. When formal exclusion action is required, the organization's 
board of directors or similar executive body shall affirm the following, 
as appropriate.
    (a) Officers, directors, partners, regents, or trustees (designated 
by name) that are excluded may not require, may not have, and can be 
effectively excluded from access to all classified information disclosed 
to the organization. These individuals also may not occupy positions 
that would enable them to adversely affect the organization's policies 
or practices in the performance of activities involving classified 
information. This action will be made a matter of record by the 
organization's executive body. A copy of the resolution must be 
furnished to the CSA.
    (b) Officers, directors, partners, regents, or trustees (designated 
by name) that are excluded may not require, may not have, and can be 
effectively denied access to higher-level classified information 
(specify which higher level(s)). These individuals may not occupy 
positions that would enable them to adversely affect the organization's 
policies or practices in the protection of classified information. This 
action will be made a matter of record by the organization's executive 
body. A copy of the resolution must be furnished to the CSA.

[62 FR 17692, Apr. 11, 1997]

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