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DOE/DSA RIN: 1992-AA64 Publication ID: Fall 2023 
Title: ●Procedures for Determining Eligibility for Access to Classified Matter or Special Nuclear Material 

10 CFR part 710 (part 710) establishes DOE procedures for determining an individual’s eligibility for access to classified information and special nuclear materials.  Part 710 identifies the eligibility standards for access to classified information, consistent with the eligibility requirements set forth in the Atomic Energy Act of 1954, as amended, and Executive Order 12968, Access to Classified Information.  Part 710 also implements the requirement in Executive Order 12968 that agencies promulgate regulations to provide review proceedings to individuals whose eligibility for access to classified information is denied or revoked.  Since the time the current rule was last substantively updated in 2016 and as various national policies were issued and amended, DOE has gained additional implementation experience and determined that proposed revisions to update and clarify provisions in part 710 are appropriate.  The proposed rule would: (1) expand the scope of the current rule to include individuals applying for or in positions requiring eligibility to hold a sensitive position; (2) incorporate requirements of Security Executive Agent Directive 9, Appellate Review of Retaliation Regarding Security Clearances and Access Determinations, which provides appeal rights to both federal and contractor employees; (3) update hearing procedures to more accurately reflect current practices; (4) update references to DOE offices and officials to reflect new titles and organizational names; (5) remove appendix A, Security Executive Agent Directive 4, National Security Adjudicative Guidelines (June 8, 2017);  (6) revise and add definitions for certain terms; and (7) make minor updates to improve clarity and delete obsolete references.  DOE has no discretion in adopting the national policies.  Other proposed changes would be ministerial, make minor updates, and improve clarity and delete obsolete references.  Proposed changes would not substantially change existing practices. 

Agency: Department of Energy(DOE)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 10 CFR 710   
Legal Authority: 42 U.S.C. 2165    E.O. 13467    E.O. 12968   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Tracy Lamar Kindle
Personnel Security Policy Program Manager
Department of Energy
1000 Independence Avenue SW,
Washington, DC 20585
Phone:202 586-4097