[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR710.5]

[Page 350]
 
                            TITLE 10--ENERGY
 
                    CHAPTER III--DEPARTMENT OF ENERGY
 
PART 710_CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO 
 
 Subpart A_General Criteria and Procedures for Determining Eligibility 
       for Access to Classified Matter or Special Nuclear Material
 
Sec. 710.5  Definitions.

    (a) As used in this subpart:
    Access authorization means an administrative determination that an 
individual is eligible for access to classified matter or is eligible 
for access to, or control over, special nuclear material.
    Classified Matter means the material of thought or expression that 
is classified pursuant to statute or Executive Order.
    DOE Counsel means a DOE attorney assigned to represent DOE in 
proceedings under this subpart. DOE Counsel shall be a U.S. citizen and 
shall have been subject to a favorably adjudicated background 
investigation.
    Hearing Officer means a DOE attorney or senior management official 
appointed by the Director, Office of Hearings and Appeals, pursuant to 
Sec. 710.25. A Hearing Officer shall be a U.S. citizen and shall have 
been subject to a favorably adjudicated background investigation.
    Local Director of Security means the individual with primary 
responsibility for safeguards and security at the Chicago, Idaho, Oak 
Ridge, Richland, and Savannah River Operations Offices and the 
Pittsburgh and Schenectady Naval Reactors Offices; the Manager, National 
Nuclear Security Administration (NNSA) Service Center; for Washington, 
DC area cases, the Director, Office of Security Operations; and any 
person designated in writing to serve in one of the aforementioned 
positions in an acting capacity.
     Manager means the Manager of a DOE Operations Office (Albuquerque, 
Chicago, Idaho, Nevada, Oak Ridge, Oakland, Richland, or Savannah 
River), the Manager of the Pittsburgh Naval Reactors Office, the Manager 
of the Schenectady Naval Reactors Office, and, for Washington, DC area 
cases, the Director, Office of Personnel Security.
    National Security Information means any 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.
    Secretary means the Secretary of Energy, as provided by section 201 
of the Department of Energy Organization Act.
    Special nuclear material means plutonium, uranium enriched in the 
isotope 233, or in the isotope 235, and any other material which, 
pursuant to the provisions of Section 51 of the Atomic Energy Act of 
1954, as amended, has been determined to be special nuclear material, 
but does not include source material; or any material artificially 
enriched by any of the foregoing, not including source material.
    (b) Throughout this subpart the use of the male gender shall include 
the female gender and vice versa.

[59 FR 35185, July 8, 1994, as amended at 66 FR 47063, Sept. 11, 2001; 
71 FR 68730, Nov. 28, 2006]

   Criteria and Procedures for Determining Eligibility for Access to 
              Classified Matter or Special Nuclear Material