[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: 10CFR710.6]

[Page 350-351]
 
                            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. 710.6  Cooperation by the individual.

    (a)(1) It is the responsibility of the individual to cooperate by 
providing full, frank, and truthful answers to DOE's relevant and 
material questions, and when requested, to furnish or authorize others 
to furnish information that the DOE deems pertinent to the individual's 
eligibility for DOE access authorization. This obligation to cooperate 
applies when completing security forms, during the course of a personnel 
security background investigation or reinvestigation, and at any stage 
of DOE's processing of the individual's access authorization, including 
but not limited to, personnel security interviews, DOE-sponsored mental 
evaluations, and other authorized DOE investigative activities under 
this subpart. The individual may elect not to cooperate; however, such 
refusal may prevent DOE from reaching an affirmative finding required 
for granting or continuing access authorization. In this event, any 
access authorization then in effect may be terminated, or, for 
applicants, further processing may be suspended.
    (2) It is the responsibility of an individual subject to Sec. 
709.3(d) to consent to and take an event-specific polygraph examination. 
A refusal to consent to or take such an examination may prevent

[[Page 351]]

DOE from reaching an affirmative finding required for continuing access 
authorization. In this event, DOE may suspend or terminate any access 
authorization.
    (b) If the individual believes that the provisions of paragraph (a) 
of this section have been inappropriately applied in his case, he may 
file a written appeal of the action with the Director, Office of 
Personnel Security, DOE Headquarters, within 30 calendar days of the 
date he was notified of the action.
    (c) Upon receipt of the written appeal, the Director, Office of 
Personnel Security, shall conduct an inquiry as to the circumstances 
involved in the action and shall, within 30 calendar days of receipt of 
the written appeal, notify the individual, in writing, as to whether the 
action to terminate or suspend processing of access authorization was 
appropriate. If the Director determines that the action was 
inappropriate, he shall direct that the individual continue to be 
processed for access authorization, or that access authorization for the 
individual be reinstated.

[59 FR 35185, July 8, 1994, as amended at 71 FR 57397, Sept. 29, 2006; 
71 FR 68730, Nov. 28, 2006]