ML20155C886
| ML20155C886 | |
| Person / Time | |
|---|---|
| Issue date: | 07/15/1998 |
| From: | Norry P NRC |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20155C839 | List: |
| References | |
| FRN-63FR41206, RULE-PR-10, RULE-PR-11, RULE-PR-25, RULE-PR-95 AF97-1-004, AF97-1-4, NUDOCS 9811030040 | |
| Download: ML20155C886 (7) | |
Text
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July 15, 1998 l
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MEMORANDUM TO:
L. Joseph Callan Executive Director for Operations Original signed by FROM:
Patricia G. Norry, Deputy Executive Director for Management Services
SUBJECT:
AMENDMENTS TO 10 CFR PARTS 10,11,25 AND 95 Attached for your signature is a proposed rule to be published in the Federal Reaister that amends 10 CFR Part 10," Criteria And Procedures For Determining Eligibility For Access to Restricted Data or National Security Information or an Employment Clearance;" Part 11, " Criteria And P.ocedures For Determining Eligibility For Access to er Control Over Special Nuclear Material;" Part 25, " Access Authorization for Licensee Personnel;' and Part 95, " Security Facility Approval And Safeguarding of National Security Information And Restricted Data."
Backaroung The national requirements for the protection of and access to classified National Security Information have been revised by the issuance of the National industrial Security Program Operating Manual (NISPOM); Executive Order 12958, " Classified National Security information," dated April 17,1995; and Executive Order 12968, " Access to Classified Information," dated August 2,1995. The proposed rule would amend the provisions of 10 CFR Parts 10,11,25, and 95 that deal with requirements for access to and protection of classified information that have been changed or added to by the NISPOM, the Executive Orders, or new national guidelines on the scope and adjudication of personnel security investigations.
Specifically, changes include revised personnel security due process procedures; a new requirement for a facility clearance for those licensees or others who require access to classified information at a facility other thari lisir own; additional information on the scope and reporting requirements for the Foreign Ownerst ip, 00ntrol, or Influence (FOCl) program; a requirement to resuomit an updated Security Practice Procedures Plan every five years; a requirement for a visitor control program; a change to a three member Personnel Security Review Panel from j
three independent Review Examiners; a change to the period between reinvestigations for "L" and "R" access authorizations from five years to ten years; a change to the fee schedules of 10 CFR Parts 11 and 25 due to a change in the investigative requirements for "O,""L,""U," and "R" access authorizations; changes to the security classification (narkings to conform to Executive Order 12758; and greater specificity as to svhen particular reports are required.
The amendments also include administrative matters such as modified definitions to reflect a change in responsibility for certain decisions from the Executive Director for Operations to the Deputy Executive Director for Management Services, a new definition in 10 CFR Part 10 for the
" Personnel Socurity Review Pane!" and revisions to a number of definitiore in all four parts to reflect a change in the name of the Division of Security to the Division of Facilities and Security.
9811030040 981028 PDR FR 10 63FR41206 PDR ffHo3'Co Yd
. Additionally, the proposed rule republishes for additional public comment @@25.15 and 95.35 which address the personnel security investigative requirements for access to Secret Restricted Data. These proposed changes were originally published as a proposed rulemaking on August 5,1996 (61 FR 40555), and would have permitted access to most Secret Restricted Data, other than that defined as " Critical Secret Restricted Data" (that term is no longer used but the concept continues to be used for selected types of Secret Restricted Data) in the NISPOM and its supplement, with an "L" clearance based on a National Agency Check with Law and Credit investigation (NACLC).
The Department of Er.3rgy (DOE) objected to this change in their formal comments on that proposed rule. DOE recommended that, pending determination of what constitutes the most sensitive Secret Restricted Data and its upgrade to Top Secret, all personnel with access to Secret Restricted Data continue to have a "Q" clearance based on a Single Scope Background Investigation (SSBI). Given DOE's special statutory authorities in establishing controls for Restricted Data, their views requi.'ed special consideration. Since DOE's recommendation may have exceeded the requirements of applicable national policy (i.e., the NISPOM), and resulted 4
in additional costs to licensees and certificate holders, the NRC decided to withdraw the changes to @@25.15 and 95.35 in the final rulemaking which was published on April 11,1997 (62 FR 17683) and to republish them later for additional public comment. These amendments now provide interested parties an equal opportunity to address the issues and provide supporting rationale for their recommendations and comments.
Notices: A notice to the Commission that the EDO has signed the enclosed Federal Reaister notice is attached for inclusion in the Daily Staff Notes. Appropriate congressional committees will also be notified.
Coordination: The Offices of Nuclear Materials Safety and Safeguards, Nuclear Reactor Pegulation and Nuclear Regulatory Research concur in this action. The Office of the General Counsel has no legal objection.
Attachments:
1.
Approval for Publication 2.
Federal Register Notice of Proposed Rulemaking 3.
Regulatory Analysis 4.
Daily Staff Notes DISTRIBUTION:
MC: None SCF: LRD 3.00.03, 3.00.05, 3.00.09, and 3.00.17 D/DFS R/F
- Telephonic 4:00 pn //9/98 to D. Kidd M. L. Grodin, OlG
" Via Email - see attached Document Name: Rule 7. DOC
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Acoroved for Publication The Commission has delegated to the EDO (10 CFR 1.31(c)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)), subject to the limitations specified in NRC Management Directive 9.17," Organization and Functions, Office of the Executive Director for Operations," paragraphs 0213,038,039, and 0310.
The attached proposed rule entitled "Conformance to National Policies For Access to And Protection of Classified Information," amends 10 CFR Part 10, " Criteria And Procedures For l
Determining Eligibility For Access to Restricted Data or National Security information or an l
Employment Clearance;" Part 11, " Criteria And Procedures For Determining Eligibility For l
Access to or Control Over Special Nuclear Material;" Part 25, " Access Authorization for Licensee l
Personnel;" and Part 95, " Security Facility Approval And Safeguarding of National Security l
Information And Restricted Data" to conform them to new national security policies and to incorporate administrative changcs to reflect a reassignment of responsibilities to the Deputy Executive Director for Management Services and a reorganization within the Office of l
Administration.
This proposed rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7,8, or 9 Subpart C conceming matters of policy. l l
therefore find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
l 7-/4-77 Date L. Josyh Callan, Executive Director for Operations.
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REGULATORY ANALYSIS 1.
Statement of Problem On April 17,1995, and August 2,1995, the President signed Executive Orders 12958,
" Classified National Security Information," and 12968, " Access to Classified Information,"
respectively, which revised requirements for handling, protecting, and accessing classified information The requirements of these national security policy documents, and their implementing documents are applicable to licensees, certificate holders, and others regulated by NRC. The effect of the Executive Orders and the NISPOM is that 10 CFR Part 10," Criteria and Procedures for Determining Eligibility for Access to Restricted Data or National Security Information or an Employment Clearance;" 10 CFR Part 11, " Criteria and Procedures for Determining Eligibility for Access to or Control Over Special Nuclear Material;" 10 CFR Part 25, " Access Authorization for Licensee Personnel;" and 10 CFR Part 95, " Security Facility Approval and Safeguarding of National Security Information and Restricted Data," are no longer consistent with national security policies and directives.
Additionally, the NRC must republish, for additional public comment, $@25.15 and 95.35 which address the personnel security investigative requirements for access to Secret Restricted Data. These proposed changes were originally publishea as a proposed rulemaking on August 5,1996 (61 FR 40555), and would have permitted access to most Secret Restricted Data with an "L" clearance based on a National Agency Check with Inquiries and Credit Check (NACIC). The Department of Energy (DOE) objected to these changes and recommended that, pending determination of what constitutes the most sensitive Restricted Data and its upgrade to Top Secret, all personnel with access to Secret Restricted Data cont;nue to have a "Q" clearance based on a Single Scope Background Investigation (SSBI). Because this requirement may exceed the requirements of applicable national policy (i.e., the NISPOM), and result in additional costs to licensees and certificate holders, the NRC withdrew the changes to @ 25.15 and 95.35 in the final rulemaking which was published on April 11,1997 (62 FR 17683), and stated they would be republished at a later date for additional public comment.
Finally, a reorganization within the Office of Administration requires editorial changes to those portions of the regulations indicating to whom specific reports are to be forwarded.
2 Obiective The objective of this regulatory initiative is to conform NRC's regulations for access to and the protection of classified information at licensee, certificate holder, and other NPC regulated facilities possessing or having employees with access to classified information, with national policies for the protection of such information. Also, the objective is to resolve the previously deferred proposal concerning the investigative requirements for access to Secret Restricted Data.
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3.
Alternatives There is no reasonable alternative to the revision of these regulations that would achieve the desired result.
4.
Conseauences There are approximately 20 affected entities licensed or otherwise regulated by the NRC.
Each licensee, certificate holder, or other entity who requires access to National Security information or Restricted Data to conduct official business related to an NRC-regulated I
activity must have a facility clearance under the provisions of Part 95. Individuals, other than USEC personnel who are cleared by DOE, who have access to classified information must have a personnel security clearance granted to them under Part 25 by NRC, which are adjudicated under the criteria and procedures of Part 10. Also, each licensee who requires access to or control over special nuclear material requires the individuals with such control or access to undergo personnel security screening under Part 11.
These entities will be required to comply with the requirements of 10 CFR Parts 25 and 95, which will involve costs to these entities. In most cases, there will be minor revisions to Facility Security Plans required to conform to new or revised requirements for access to classified information or Special Nuclear Material or protection of classified information.
Individuals who have already been cleared for access to classified information or Special Nuclear Material will be not be required to prepare additional or revised paperwork except, perhaps at the time of a regularly scheduled reinvestigation. The costs, however, should be no higher than under the current regulations, and may be lowerif the proposed personnel security requirements for access to Secret Restricted Data are adopted. These changes will not have an impact on other NRC programs or requirements at these facilities.
5.
Decision Rationale The only available method of imposing these requirements on selected licensees and others is to revise 10 CFR Parts 10,11,25, and 95. Other avenues would lack the requisite formality and legality necessary to require all affected NRC licensees to adhere to the changes in requirements for the protection of classified information.
6.
Imolementation The Division of Facilities and Security intends to publish the proposed rule amending 10 CFR Parts 10,11,25, and 95 by August 31,1998.
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Prooosed Rule signed by EDO l
On b,hn 14 1998
. the Executive Director for Operations approved a proposed rule which fevi ' s 10'CFR Parts 10,11,25, and 95 to conform NRC regulations to current national l
security po cies for access to classified information at NRC and NRC regulated facilities and l
the protection of classified information at industrial facilities, e.g., licensees and certificate holders. It also revises these parts to reflect a reorganization of the Office of Administration and the redelegation of certain authorities to the Deputy Executive Director for Management t
Services.
I This constitutes notice to the Commicsion that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this proposeo rule for publication in the Federal Register.
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i (a) Any alleged or suspected violation of the Atomic Energy Act, Espionage Act, or other i
Federal statutes related to classified information. Incidents such as this must be reported within
' 1 hour1.157407e-5 days <br />2.777778e-4 hours <br />1.653439e-6 weeks <br />3.805e-7 months <br /> of the event followed by written confirmation:
(b) Any infractions, losses, compromises or possible compromise of classified information or classified documents not falling within paragraph (a) of this section. Incidents such as these must be reported via written notification within 30 days of the incident The i
report shallinclude details of the incident including corrective action taken; (c) In af ~ ~ in, NRC requires records for all classificatien actions (document's classified, declassified, or downgraded) to be submitted to the NRC Division of Facilities and Security.
These may be submitted on an as completed basis or every 30 days. The inforn.ation may be submitted either electronically by an on-line system (NRC prefers the use of a dial-in automated system connected to the Division of Facilities and Security) or by paper copy using NRC Form 790.
Dated at Rockville, Maryland, this day o
,1998.
For the Nuclear Regulatory Commission.
L. Joseph $all'aJh Executive Dodtor for Operations.
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