ML20148M815

Forwards NRC Legislative Proposal in Form of Draft Bill to Amend Atomic Energy Act of 1954,as Amended,To Provide for Protection from Unauthorized Disclosure of Safeguards Info & for Other Purposes

ML20148M815
Person / Time
Issue date:	05/23/1978
From:	Hendrie J NRC COMMISSION (OCM)
To:	Mondale W SENATE, PRESIDENT OF THE SENATE
Shared Package
ML20148M724	List: ML20148M727 ML20148M747 ML20148M759 ML20148M768 ML20148M775 ML20148M781 ML20148M786 ML20148M799 ML20148M809 ML20148M815 ML20148M819 ML20148M827 ML20148M832 ML20148M839 ML20148M844 ML20148M849
References
NUDOCS 8012240074
Download: ML20148M815 (4)

Text

.- .

,, ...:  ::=::. ~.. . . . , . . .. . . ,

=.

t UNITED STATES - 5

/ [{ gg. / N & g?g. NUCLEAR REGULATORY COMMISSION g 4 a WASHINGTON. D. C. 20555 fl g,h(i

.5 s 'E May 23,1978 h'

4..o ...

/ -

9:.s OFFICE OF THE CH AIRM AN -

1 The Honorable Walter F. Mondale President of the Senate '

Washington, D. C. 20510 ,l

Dear Mr. President:

{

Transmitted herewith is a Nuclear Regulatory Commission legislative ..

proposal in the. form of a draft bill to amend the Atomic Energy Act of .

• A 1954, as amended, to provide for the protection from unauthorized -

disclosure of safeguards information and for other purposes. A draft ..,

J bill is in enclosure 1. An analysis of the proposed icgislation is in enclosure 2. A comparative text showing the changes whi'ch the proposal  :

would make in existing law is in enclosure 3.

The safe,uards functions of the Commission concern the protection of ,

nuclear. materials and facilities which are licensed by the Commission against theft, diversion or sabotage. These functions were explicitly '

assigned to the Commission by sections 203 and 204 of the Energy ~j Reorganization Act of 1974, 42 U.S.C. 5843 and 5844. The protection of sensitive safeguards 'information from unauthorized disclosure is an -

important element of the Commission's ' safeguards program. The unauthorized 8 disclosure of this information could compromise or negate security [. .

measures which are re. quired. ,y Another important element of an effective safeguards program is the need h to assure that only persons deemed to be trustworthy are permitted ,

access to certain materials and facilities licensed by the Comission. i The proposed legislation is intended to provide additional and confirm- :l atory authority to the Commission to serve the following basic purposes: j

1. Establish a clear statutory basis which would authorize the d Commission by regulations or orders to prohibit the unauthorized disclosure  :!

of sensitive safeguards information;

?

2. Provide specific authority for the Comission to establish safeguards requirements for all licensed nuclear materials and utili-zation and production facilities and to establish personnel clearance programs for access to certain materials and facilities licensed by the

~

Commission; and 1 q

v ,

sb32240d

.-- "it . . . . . _ . . . . . . .

.".*:l qy - -

'liEl f . . .

The Honorable Walter F. Mondale ,

b~ Provide a sound statutory basis for the protection of unclassi- .

3.

fied sensitive safeguards information in NRC public proceedings with the minimum impairment of the procedural rights of the participants.

Two basic concepts are at the heart of the Commission's proposal. There is the recognized need to protect sensitive safeguards information from unauthorized disclosure. On the other hand, the public disclosure of m.

information leading to NRC decisions on public health and safety matters h.

is an important part of the Commission's regulatory process. The f.

legislative proposal has been drawn so that the Commission can carefully g consider and balance these concepts. It should also be noted that the ...

proposed legislation specifically provides that nothing therein shall be '

construed to authorize the withholding of information from the duly authorized committees of the Congress. The Ccmmission does not intend that this legislation should curtail effective public participation in our licensing process. To this end, the proposal would direct the Commission to l apply the minimum restrictions needed to achieve the objectives of protecting sensitive safeguards information. '

At present, the Commission may control access to safeguards information h through eitner Executive Order 11652 relating to national security H information or through its general rulemaking authority under t!.e H Atomic Energy Act. While this information may have significance from 1 the standpoint of the public health and safety, there is no authority awhich expressly provides the assurance that unclassified information will be protected from disclosure under the Freedom of Information Act (F01A). Sensitive safeguards information in the Nuclear Regulatory Commission's files is subject to disclosure under the FOIA unless it falls under one of the exemptions under that Act. Exemption (b)(3) of the F0IA (5 U.S.C. 552(b)(3) protects from disclosure information which is ?specifically exempted from disclosure by statute". This exemption perinits the government to withhold information from disclosure under the e F0IA where another law requires that it be withheld. There is no '

i:

existing law which expressly provides that unclassified NRC sensitive ~

safeguards information be withheld from disclosure. The absence of this protection has been noted with concern by licensees of the Commission, its Advisory Committee on Reactor Safeguards, and others. The Commission believes that the legislative approach which establishes an explicit statutory basis for invoking exempcion (b)(3) of the F0IA is better than an extension of national security coverage to these commercial activities.

~

Section 1 of the bill would add a new section 147 to the Atomic Energy Act of 1954, as amended, to provide an explicit statutory basis for ,

exempting sensitive safeguards information from disclosure under the FOIA.

//

Tll

i. l 4 ..

~

3

. is f .: "

The Honorable Walter F. Mondale ' e Decisions of the United States Supreme. Court (e.g. Schneider v. Smith, 390 U.S.17 (1968) suggest that explicit statutory authority would be required for any governmental agency or department to institute a personnel clearance program. The Atomic Energy Act of 1954 was amended by Public Law 93-377 in 1974 to give the Commission specific authority to institute a clearance program for individuals who perform activities -

which afford access to or' control over quantities of special nuclear material which in the opinion of the Commission are important to the common defense and security. The Commission has commenced a rulemaking E proceeding which would implement this authority to provide a clearance h requirement for persons involved in "the operation of licensed nuclear power reactors", or in "the licensed use, processing ... storage ...

[or] transportation of certain quantities of special nuclear material."

42 FR 14880 (1977). The proposed rulemaking implementing existing authority is responsive tc the needs which now exist. Nevertheless, the existing authority for the Commission to require clearance programs is not so broad as is the responsibility which Sections 203 and 204 of the Energy Reorganization Act of 1974 impose on the Commission to provide and maintain for the safeguarding of all licensed facilities and materials.

The Commission believes it prudent to extend existing authority so that the Commission would be authorized to establish personnel clearance-  : ,

programs for licensed nuclear materials and facilities even though no FS problem has yet arisen in this area. ..

This extended authority is provided by Section-2 of the-bill which- h amends Section 1611 of the Atomic Energy Act. That amendment would confirm and preserve the existing authority in that section bestowed by Public Law 93-377. Thus, this legislative proposal would have no effect on the Commission's proposed rulemaking action " Criteria and Procedures

,for Determining Eligibility for Access to or Control over Unclassified Special Nuclear Material" which commenced on March 17, 1977. s

[1

~

Commissioner Gilinsky continues to believe that because a personnel clearance program intrudes upon the lives of licensee personnel, the '

Commission should not seek Congressional authorization to initiate such -l a program until the need has been demonstrated. He would expect comments l from the rulemaking on clearances for access to materials and facilities now underway to provide a useful basis for proceeding i1 this area.

Section 3 of the bill would amend section 181 of the Atomic Energy Act to extend its authority to sensitive safeguards information. This ,

authority wou; permit the Commission to disclose such information to' participants in its proceedings under procedures which effectively prevent unautho'rized disclosures and with minimum impairment of procedural

. rights.

.. 1

- 2.. . . . . . . . . . . , . , , . . . . . , . . . . . . , , - , _ . . . , . . . . _ . . .

- 3:. g ._ ,. ,

=1

.:l

,er.. ' .

~

O The Honorable Walter F. Mondale f Section 4 of the bill is a conforming amendment to a provision in the ,

=e Atomic Energy Act of 1954 which now provides for the retention by the- i. .

Commission of its common defense and security authority in agreement I.ij; i;!'

states.

We urge early and' favorabia consideration of this proposed legislation by the Congress.

Si

\ncerely, l::

[ yr

~dbq Joseph M. Hendrie Chairman

Enclosures:

1. Draft Dill

2. Analysis of Draft Bill

3. Comparative Text b w

SI 1l c

r .:

- -f-l [

L'  :

. p.

i l:

!=

1. / se ,

t..

\;: l

. . . . . .