ML20206E516
| ML20206E516 | |
| Person / Time | |
|---|---|
| Issue date: | 05/20/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20206E520 | List: |
| References | |
| NUDOCS 8606230402 | |
| Download: ML20206E516 (41) | |
Text
_
l MAY 2 01985 i
MEMORANDUM FOR:
Patricia G.'Norry, Director Office of Administration FROM:
William J. Dircks Executive Director for Operations
SUBJECT:
CONTROL OF NRC RULEMAKING 4
By memorandum of February 13, 1984, " Control of NRC Rulemaking by Offices I
Reporting to the EDO," Offices were directed that effective April 1,1984, (1) all offices under EDO purview must obtain my approval to begin and/or continue a specific rulemaking, (2) resources were not to be expended on rule-makings-that have not been approved, and (3) RES would independently review rulemaking proposals forwarded for my approval-and make recomendations to me concerning whether or not and how to proceed with the rulemakings.
In accordance with my directive, the following proposal concerning rulemaking has been forwarded for my approval.
Proposed rule,10 CFR Part 25, " Access Authorization for Licensee Personnel."
(Sponsored by ADM - memorandum, Ninogue to EDO dated May 14,1985.)
I approve continuation of this rulemaking. The NRC Regulatory A9enda (NUREG-0936) should be modified to reflect the status of this rulemaking.
~ (S16ned) Jack W. Roe illiam J. Dircks
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Executive Director for Operations i
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V. Stello J. Roe H. R. Denton J. Taylor R. B. Minogue J. G. Davis Distribution:
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4 33 MAY 141985 MEMORANDUM FOR:
William J. Dircks, Executive Director for Operations FROM:
Robert B. Minogue, Director, Office of Nuclear Regulatory Rese rch
SUBJECT:
CONTROL OF NRC RULEMAKING:
RES INDEPENDENT REVIEW 0F A NEW PROPOSED RULEMAKING SPONSORED BY ADM Based on our independent review of the rulemaking, " Access Authorization for Licensee Personnel," sponsored by ADM, RES agrees with the recommendation of the Director, ADM, that this rulemaking effort should continue.
The basis for our recommendation is as follows:
o The NRC, as an independent agency of the executive branch, is required by 32 CFR Part 2003 to ebtain a signed copy of Standard Form 189 as a prior condition to authorizing access to National Security Information to an employee of one of its licensees.
o :nherent in Standard Form 189 is a requirement that the employee receive a security indoctrination concerning the nature and protection of classified information, including an explanation of the content of and rationale for Standard Form 189.
o NRC has in place regulations on authorization of access to classified information to licensee personnel ir.10 CFR Part 25.
o The simplest, most logical, and least expensive means of adding the above requirements on authorization of access to classified information to licensee personnel is to revise the existing regulation in 10 CFR Part 25.
o This proposed rule would affect only one power reactor licensee as a "backfit" requirement and thus is not covered by the CRGR charter.
Other power reactor licensees,<ould be affected only if they seek access authorization for any employees.
The complete RES independent review package has been sent to OED0 (Attention:
DEDR0GR) and to the Director, ADM.
This package includes some suggested wording changes in the rulemaking package that we believe will improve the quality of the supporting documentation for the proposal.
}'Ob b 0. S U Robert B. Minogue, irector Office of Nuclear Regulatory Research
Enclosures:
As stated
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i MEMORANDUM FOR:
William J. Dircks, Executive Director for Operations FROM:
Robert B. Minogue, Director, Office of Nuclear Regulatory Research
SUBJECT:
CONTROL OF NRC RULEMAKING:
RES INDEPENDENT REVIEW OF A NEW PROPOSED RULEMAKING SPONSORED BY ADM Based on our independent review of the rulemaking, " Access Authorization for Licensee Personnel," sponsored by ADM, RES agrees with the recommendation of the Director, ADM, that this rulemaking effort should continue.
The basis for our recommendation is as follows:
o The NRC, as an independent agency of the executive branch, is required by 32 CFR Part 2003 to obtain a signed copy of Standard Form 189 as a prior condition to authorizing access to National Security Information to an employee of one of its licensees.
o Inherent in Standard Fom 189 is a requirement that the employee receive a security indoctrination concerning the nature and protection of classified infomation, including an explanation of the content of and rationale for Standard Form 189.
o NRC has in place regulations on authorization of access to classified information to licensee personnel in 10 CFR Part 25.
o The simplest, most logical, and least expensive means of adding the above requirements on authorization of access to classified information to licensee personnel is to revise the existing regulation in 10 CFR Part 25.
o This proposed rule would affect only one power reactor licensee as a "backfit" requirement and thus is not covered by the CRGR charter.
Other power reactor licensees would be affected only if they seek access authorization fcr any employees.
The comp)lete RES independent review package has been sent to OED0 (Attenti DEDR0GR and to the Director, ADM. This package includes some suggested wording changes in the rulemaking package that we believe will improve the quality of the supporting documentation for the proposal.
%M eigned byr somRES munes Robert B. Minogue, Director Office of Nuclear Regulatory Research
Enclosures:
As stated Offc: RES:
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F. P. GILLESPIE, CHAIRMAN, RIRB FROM:
G. A. Arlotto, Member, RIRB TITLE OF RULEMAKING:
National Security Decision Directive 84:
Implementation (Part 25)
AGREE WITH DRAFT RES REQUEST RIRB INDEPENDENT RECOMMENDATIONS MEETING.
IN DRAFT INDEPENDENT REVIEW PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMMENDATIONS AS INDICATED BELOW.
COMMENTS AND SUGGESTIONS:
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MEMBER, RIRB 41uo/W DATE
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F. P. GILLESPII, CHAIRMAN, RIRB FROM:
K. R. Golle, Member, RIRB TITLE OF RULEMAKING: National Security Decision Directive 84:
Implementation (Part 15)
AGREE WITH DRAFT RES REQUEST RIRB
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INDEPENDENT RECOMMENDATIONS MEETING.
IN DRAFT INDEPENDENT REVIEW PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMMENDATIONS AS INDICATED BELOW.
A COMMENTS AND SUGGESTIONS:
W MEMBER, RIRB Ha As' DATE
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TO:
F. P. GILLESPIE, CHAIRMAN, RIRB FROM:
W. M. Morrison, Member, RIRB TITLE OF RULEMAKING: National Security Decision Directive 84:
Implementation (Part 25)
AGREE WITH DRAFT RES REQUEST RIRB r
INDEPENDENT RECOMMENDATIONS MEETING.
IN DRAFT INDEPENDENT REVIEW PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMMENDATIONS AS INDICATED BELOW.
COMMENTS AND SUGGESTIONS:
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RES INDEPENDENT REVIEW BOARD VOTING SHEET TO: RIRB FROM:
F. P. Gillespie, Chairman, RIRB TITLE OF RULEMAKING: National Security Decision Directive 84:
Implementation (Part25)
AGREE WITH DRAFT RES REQUEST RIRB INDEPENDENT RECOMMENDATIONS MEETING.
M N DRAFT INDEPENDENT REVIEW PACKAGE.
MODIFY DRAFT RES NOT PARTICIPATING.
INDEPENDENT RECOMENDATIONS AS INDICATED BELOW.
COMENTS AND SUGGESTIONS:
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. -rRyw We are at step III.C.2, "RIR3 deliberations," of the RES independent review procedures for the attached specific ongoing rulemaking sponsored by Please evaluate the. attached dra'ft independent review package and provide RAT 1RB with your voting sheet indicating your. position on the rulemaking.
'Your response by c.o.b.
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will assist in RES' making' independent recommendations to the EDO in a timely manner.
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MEMORANDUM FOR:
William J. Dircks, Executive Director for Operations FROM:
Robert B. Minogue, Director, Office of Nuclear R.e.gulatory Research
SUBJECT:
CONTROL OF NRC RULEMAKING:
RES INDEPENDENT REVIEW 0F A NEW PROPOSED RULEMAKING SPONSORED BY ADM Based on our independent review of the rulemaking, " Access Authorization for Licensee Personnel," sponsored by ADM, RES agrees with the recommendation of the Director, ADM, that this rulemaking effort should continue.
The basis for our recommendation i: as follows:
o The NRC, as an independent agency of the executive branch, is required by 32 CFR Part 2003 to obtain a signed copy of Standard Form 189 as a prior condition to authorizing access to National Security Information to an employee of one of its licensees.
o Inherent in Standard Form 189 is a requirement that the employee receive a security indoctrination concerning the nature and protection of classified information, including an explanation of the content of and rationale for Standard Form 189.
o NRC has in place regulations on authorization of access to classified information to licensee personnel in 10 CFR Part 25.
o The simplest, most logical, and least expensive means of adding the above requirements on authorization of access to classified information to licensee personnel is to revise the existing regulation in 10 CFR Part 25.
o This proposed rule would affect only one power reactor licensee as a "backfit" requirement and thus is not covered by the CRGR charter.
Other power reactor licensees would be affected only if they seek access authorization for any employees.
The complete RES independent review package has been sent to OEDO (Attention:
DEDROGR) and to the Director, ADM.
This package includes some suggested wording changes in the rulemaking package that we believe will improve the quality of the supporting documentation for the proposal.
Robert B. Minogue, Director Office of Nuclear Regulatory Research
Enclosures:
As stated Aj$1PPCB R
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APR 111915 _
MEMORANDUM FOR:
E. Conti, Acting Director Policy, Planning and Control Staff FROM:
Frank P. Gillespie, Chairman RES Independent Review Board
SUBJECT:
CONTROL OF NRC RULEMAKING:
RES INDEPENDENT REVIEW 0F ONGOING RULEMAKING Enclosed is a rulemaking(review package received from a sponsoring office for RES independent review. )
In accordance with procedures approved by the EDO on May 30, 1984, the rule-making review package is assigned to your staff for action.
(Enclosure 2).
The E00-approved procedures allow a total of 20 working days for completing the RES independent review.
To assist RES in completing its independent review in a timely manner, please submit the draft independent review package for this specific rulemaking to RAMRB by 7 working days from the date of this memorandum.
Frank P. Gillespie, Chairman RES Independent Review Board
Enclosures:
1.
National Security Decision Directive 84:
Implementation (Part25) 2.
Procedures for Conducting RES Independent Review of Rulemakings 1
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RULEMAKING REVIEW PACKAGE RECEIVED FROM ADM
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MEMORANDUM FOR: William J. Dircks Executive Director for Operations FROM:
Patricia G. Norry, Director Office of Administration
SUBJECT:
RECOP94ENDATION TO PROCEED WITH RULEMAKING:
IMPLEMENTATION OF NATIONAL SECURITY DECISION DIRECTIVE 84, " SAFEGUARDING NATIONAL SECURITY INFORMATION" In response to your February 5,1985 memorandum, subject:
" Control of NRC Rulemaking:
Revision of the Schedule for EDO Approval of Rulemaking," I have enclosed pertinent information which supports my reconnendation to l
proceed with a new rulemaking initiative.
As you may know, the National Security Council has developed, and the President has approved, a revision to National policy. This revised policy, known as National Security Decision Directive (NSDD) 84, " Safeguarding National Security Information," directs each agency of the Executive Branch that originates or handles classified information to adopt internal procedures to safeguard against unlawful disclosures of classified information. As a result of this revised National policy, the Infomation Security Oversight Office (IS00) published a final rule in the Federal Register on September 9, 1983, directing all departments and independent agencies of the Executive Branch that originate or handle National Security Information to adopt the use of a new standard form.
In addition to employees and contractors of the NRC, licensees and other personnel who require access to National Security Information and/or Restricted Data related to a license or application for a license are also affected.
To this end, our current regulation, which deals with the granting of access authorizations to licensee personnel in connection with access to classified information, needs to be revised.
This regulation,10 CFR Part 25 " Access Authorization for Licensee Personnel,"
will be revised to require all holders of NRC access authorization under this Part to complete the IS00-prescribed Standard Fom 189, " Classified Infomation Nondisclosure Agreement," and concurrently receive a security indoctrination concerning the completion of the fom.
William J. Dircks.
If you have any questions or need further information, please contact Raymond J. Brady, Director, Division of Security, on 49-24100.
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A Patricia G. Norry, ir tor Office of Administrati n
Enclosures:
1.
Draft Regulatory Agenda 2.
ADM Screening Process Supporting Rulemaking 3.
Preliminary Regulatory Analysis 4.
Supportive Background Documents 5.
First Draft of Proposed Rulemaking 1
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t ENCLOSURE 1 TITLE:
National Security Decision Directive 84:
Implementation CFR CITATION:
10 CFR Part 25 ABSTRACT:
The proposed rule requires all persons currently holding access authoriza-tions under Part 25, and all future applicants for access authorizations 1
under this Part, to complete a new standardized form, titled " Classified
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Information Nondisclosure Agreement" (SF-189). The proposed rule also requires that a security indoctrination be given prior to completing the q
new form. The proposed revisions are necessary to adopt revised National t; policy contained in National Security Decision Directive 84, "Safeguardin National Security Information," initiated by the National Security Counci l
and approved by the President.
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TIMETABLE:
NPRM Comment Period 8egin 05/00/85 NPRM Comment i
l Period End 07/00/85 Final Rule 08/00/85 LEGAL AUTHORITY:
42 USC 2201; 42 USC 2165; 42 USC 5841; 31 USC 9701 EFFECT ON SMALL BUSINESS AND OTHER ENTITIES: None AGENCY CONTACT:
Richard A. Dopp 4
Office of Administration Washington, D. C.
20555 (301)492-4124
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4 TITLE:
l 0 Access Authorization for Licensee Personnel 2
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CFR CITATION:
10 CFR 25 ABSTRACT:
The proposed rule would adopt revised National policy, initiated l
by the National Security Council and approved by the President, which prescribes that a new, standardized form titled " Classified Information Hondisclosure Agreement" (SF-189) be completed by all
'l licensees who request NRC access authorization under this Part
- 25. The proposed rule also requires that a security indoctrination be given to the affected individuals prior to completing the new form. These amendments are necessary in order to comply with National Security Decision Directive (NSDD) 84, Safeguarding National Security Information."
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TIMETABLE:
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NPRM 01/00/85 l
LEGAL AUTHORITY:
i 42 USC 2165; 42 USC 2201; 42 USC 5841 EFFECTS ON SMALL BUSINESS AND OTHER ENTITIES: No AGENCY CONTACT:
Richard A. Dopp Office of Administration Nuclear Regulatory Commission Washington, DC 20555 301 427-4549 i
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ENCLOSURE 2 i
ADM REVIEW 0F PROPOSED RULEMAKING The Office of Administration seeks approval to amend 10 CFR Part 25
" Access Authorization for Licensee Personnel," to implement revised National policy as contained in National Security Council Decision Directive 84, " Safeguarding National Security Infomation."
This item is an issue which ADM views as requiring rulemaking since it reflects actual changes in policy or practice directly impacting on our regulations.
ADM sees no alternatives to rulemaking that would be more effective ard/or commit fewer resources.
This revision will be addressed by amending 10 CFR Part 25 to require the completion of the SF-189 by all current holders of an NRC access authoriza-tion and by all future ap)1icants for NRC access authorization under this Part. To coincide with tie completion of the form, individuals will also receive a security indoctrination explaining the rationale of this new requirement.
A negligible effect is predicted for the general public since this rulemaking activity applies only to those licensees and others who need to use, process store, reproduce or otherwise handle classified infomation. NRC licensees and other interests (together totalling approximately 12) will be affected insofar as these amendments only promulgate formal requirements levied on the NRC by the Information Security Oversight Office. ADM views this amendment as a necessity.
I NRC staff resources should total approximately 250 hours0.00289 days <br />0.0694 hours <br />4.133598e-4 weeks <br />9.5125e-5 months <br />. ADM is scheduling to publish this item as a proposed rule in the Federal Register by July 1, 1985, and following a normal 60-day comment period, publish a final rule by i
October 1985.
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ENCLOSURE 3 l
PRELIMINARY REGULATORY ANALYSIS I
1.
Statement of Problem i
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On March 11, 1983, the President approved a revision to National 4
policy developed by the National Security Council. This revised National policy prescribes that a " Classified Infomation Nondisclosure Agreement,"
(Standard Form 189) be executed as a condition prior to the United States l
Government authorizing a person access to classified infomation. On September 9,1983, the Information Security Oversight Office published a i
final rule in the Federal Register (48 FR 40849) directin all departments and independent agencies of the Executive Branch that ori inate or handle National Security Infomation to adopt the use of the new form.
l In addition to NRC employees and contractors, licensees and other personnel who hold NRC access authorizations in connection with access to classified information must complete the new SF-189. These licensees and others currently number approximately 12, which include 5 fuel-cycle facilities, 3 transportation companies, one reactor (Fort St. Vrain) and i
j three other organizations.
2.
Objective The objective of the revised National policy is to require agen:les and departments of the Executive Branch to adopt revised internal procedures to safeguard against unlawful disclosure of classified infomation. A j
key element in the revised procedures is to require all individuals to complete a standardized, legally-binding agreement prior to the United States Government authorizing that individual access to classified infor-mation.
l NRC's intended regulatory initiative specifically adopts this new require-l ment and promulgates this revised National policy to those licensees and i
others requiring access to classified infomation relative to a licensee or application for a license.
3.
Alternatives There is no reasonable alternative to regulatory revision which would achieve the desired result.
j 4.
Consequences There are approximately 5,000 persons currently holding NRC access authorizations under 10 CFR Part 25. " Access Authorization for Licensee Personnel," who require access to classified infomation. These 5,000 persons are unevenly divided among 12 entities. Experience has already l
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J shown that the completion of the SF-189 takes approximately 10 minutes.
The requisite security orientation, explaining the individual's basic security responsibilities regarding access to classified infomation, and explaining the rationale for completing the form also takes approximately 10 minutes.
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The entire process, therefore, should tal,e approximately 20 minutes per i
person. Once completed, the fom must be forwarded to a designated NRC address for retention. This is a one-time burden. Once completed, the form need not be completed, renewed, or re-signed.
Therefore, the formula used to compute time and resources expended to ensure that current NRC access authorization holders complete this standard form is as follows:
I 20 minutes per form x 5,000 people = 1,667 hours0.00772 days <br />0.185 hours <br />0.0011 weeks <br />2.537935e-4 months <br /> 0
t The total cost to the license (to ensure that current NRC access authorization holders complete this standard form is as follows:
i 1,667 hours0.00772 days <br />0.185 hours <br />0.0011 weeks <br />2.537935e-4 months <br /> x $60/hr = $100,020 1
It is estimated that the total annual recurring cost for persons requiring l
new/ initial access authorizations, resulting from the completion of the SF-189 is as follows:
t 500 persons x 10 minutes per form * = 83 hours9.606481e-4 days <br />0.0231 hours <br />1.372354e-4 weeks <br />3.15815e-5 months <br /> l
83 hours9.606481e-4 days <br />0.0231 hours <br />1.372354e-4 weeks <br />3.15815e-5 months <br /> x $60/hr - $4,980 l
The addition of this requirement will not have an impact on other NRC programs / requirements at these facilities.
5.
Decision Rationale Clearly, the only available alternative to impose this legitimate require-I ment on selected licensees is to revise 10 CFR Part 25.
i Other avenues would lack the requisite formality and legality necessary to require the completion of a contractest-like agreement between the United States Government and the individual concerned. The only means l
at our disposal in setting forth National Security requirements on NRC I
licenseedf relative to access to classified informationFis throu!W@7,Aye-h 10 CFR i
Parts 25 or 95. Clearly, Part 25 is the7 regulation i Gv;;; rit to require the completion of a new security form.
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i 6.
Implementation i
l The Division of Security intends to publish a proposed rule by July 1985.
I A Final Rule should be published by October 1985.
I 4
l
- 0nly 10 minutes is used (vs. 20 minutes for the other formula) because a 1
security orientation lecture would be presented to the new access authoriza-l tion holder regardless of the requirements contained in NSDD-84.
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ENCLOSURE 4 o ati,q,o, UNIT ED STATES
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August 15, 1984
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CFFN:E OF THE l
LECRETARY 1
MEMORANDUM FOR:
William J. Dircks, Executive Director for Operations FROM:
Samuel J. Chilk, Secretar f
SUBJECT:
SECY-84 NRC IMPLEMEN N OF NATIONAL SECURITY DECISION DIRECTI 84 (NSDD-84),
" SAFEGUARDING NATIONAL SECURITY INFORMATION" This is to advise you that the Commission (with Chairman Palladino and Commissioners Roberts, Bernthal and Zech agreeing) has approved the proposed security bulletin implementing certain requirements of NSDD-84.
Accordingly you should proceed to issue the bulletin.
(EDO/ADM) (SECY SUSPENSE:
9/4/84)
Commissioner Asselstine did not participate in this action.
cc:
Chairman Palladino Commissioner Roberts commissioner Asselstine Commissioner Bernthal Commissioner Zech OPE OGC Rec'd Off. EDO Time..... /d.- 0;,Y,j,,,.,
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POLICY ISSUE 4
rebruary 10, 1984 5 " 73 l
(Notation Vote)
For:
The Commissioners From:
William J. Dircks Executive Director for Operations.
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Subject:
NRC INPLEMENTATION OF NATIONAL SECURITY DECISION DIRECTIVE 84 (NSDD-84),
- SAFEGUARDING NATIONAL SECURITY INFORMATION" I
Purpose:
To obtain Commission approval of NRC's proposed security I
bulletin that will implement certain requirements of l
NSDD-84.
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Discussion:
On March 11, 1983, the President approved NSDD-84 (Enclo-sure 1), which directs each agency that originates or handles classified information to adopt internal proce-dures to safeguard against unlawful disclosure of classi-fied infomation.
This paper supersedes and revises SECY-83-291 on the above subject, dated July 18, 1983, which is pending before the Com:nission.
We have been advised by the NSC (Enclosure 2) to proceed with the implementation of NSDD-84, omitting those provi-sions regarding prepublication reviews and polygraph examinations.
In addition, NRC has been notified by the CIA that the revised nondisclosure agreement for pers'ons granted Sensitive Compartmented Infomation access will not now be used.
NRC's proposed implementing regulations contained in the bulletin (Enclosure 3) have been developed i
to exclude the above provisions.
I CONTACT:
R. J. Brady SEC x74472 i
The Commissioners 2
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'h The bulletin does provide, in accordance with 32 CFR i
Part 2003, " National Security Information Standard l,
Forms," effective September 9,1983 (Enclosare 4), for use of Standard Fom 189
" Classified Information Non-disclosure Agreenent" (Enclosure 5). The use of this form is prescribed by the Director of the Information i
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Security Oversight Office under his authority under Executive Order 12356.
I It should be noted that this bulletin is applicable only to NRC and NRC contractor personnel.
Once approved, we intend to publish its provisions in the Federal Register as proposed revisions to 10 CFR Part i
25,
- Access Authorization for Licensee Personnel," and l
Part 95, " Security Facility Approval and Safeguarding of National Security Information and Restricted Data."
This is necessary to comply with the Administrative Procedure Act (5 U.S.C. 551-552), since certain provi-i sions of NSDD-84 will be applicable to NRC licensees.
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The recent NSC guidance on this matter recommends that NRC proceed expeditiously with the promulgation of our,
i draft regulations implementing NSDD-84.
4 I
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William J. Dircks j
Executive Director for Operations t
Enclosures l
- 1. NSDD-84 dtd 3-11-83
{
- 2. NSC Letter dtd 12-21-83
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- 3. NRC Implementing Regulations l
4.1500 Final Rule on Standard Forms i
- 5. Standard Form 189 i
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f.
t 3
Commissioners' comments or consent should be provided direct 3y to the Office of the Secretary by c.o.b. Wednesday, February 29, 1984.
4 Commission Staff Office comments, if any, should be ubmitted to the Commissioners NLT Wednesday, February 22, 1984, with an information copy to the Of fice of the Secretary.
If the Paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
Commissioners OGC OPE OI OCA OIA OPA REGIONAL OFFICES EDO ELD ACRS ASLBP ASLAP SECY O
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THE WHITE HoUst
- I w.asa,us on March,11, 1983 Naticnal Secutity Decision Ditective Numbe.t 84
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Safecuardine National Security InfcEhation As stated 'in Executive Order 12356, only that information whose disclosure would harm the national security interests of the
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United States 'ay be classified.
Every effort should be made to m
. declassify information that no longer requires protection in the interest of national se.curity.
j At-the same time, however, safeguarding against' unlawful disclosures of properly classified information is a matter of grave concern and high priority for this Administration.
In addition to the requirements set forth in Executive Order 12356, and based on the recommendations contained in the interdepartmental report forwarded by the Attorney General, I direct the following:
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1.
Each agency of the Executive Branch that originates or handles classiEled~ information shall adopt intern'al procedures
. to safeguard against unlawful disclosures of classified information.
Such procedures shall at a minimum p'rovide as follows:
a.
All persons with authorized access to classified information s, hall be required to sign a nondisclosure agreement as a condition of access.
This requirement may.-
be implemented prospectively by agdncies for which the adsinistrativt burden of compliance would otherwise be excessive.
b.
All persons with authorized access to sensitive Compartmented Information (SCI) shall be required to sign l
a nondisclosure agreement at a condition of access to SCI and other classified information.
All such agreements must include a provision for prepublication review to
. assure deletion of SCI and other classifigd information.
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c.
'All agreements requrred dn paragraphs 1.a. and 1.b. mu'st be in a form determined by the Department of Justice to be enforceable in a civil. action brought by,p s
the United States.
The Director, Information security Oversight Office (I500), shall develo*p stindardized
. fdras that satisfy these requirements.
d.
Appropriate policies shall be adopted "to govern contacts between media representatives and agency personnel,^**
so as to re,uce the opportunity for. negligent or deliberato.
d disclosures of classified information.
All persons with authori:ed access to classified information shall be clearly apprised of the agency's policies in this regard.
=
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o Ecch ag(way of tha Executi.vo,branc(h f
c,.c.a
, hot originatec er.
2'.
handles clansifisd infarmation ahn11 coopt internal procedureo to~
govern the reporting and inve'stigation of unauthorized disclosurco of such information.
Such procedures shall at a minimum provide.that:
a."
All sudh disclosures th'at the agency considers to be seriously damaging to it,s mis'sion and responsibilities shall be evaluated to ascertaint the nature of the"information disclos~ed and the extent to which it had been disseminated.-
1 b.-
The agency shall conduct a preliminary-internal
.l
, investigation prior to or concurrently with seeking investigative assistance from other agencies.
The ag'ancy shall maintain records of disclosures c.
so evaluated and investigated.
d.
Agencies *in the poss'ession of classified information originating with another agency shall cooperate with the originating agency by conducting internal investigations of the unauthorized disclosure of such information.,
l Persons determined by the agency to have' knowingly
,I e.
made such disclesures or to have refused cooperation with 1
investigations of such unauthorized disclosures will be denie'd further access to classified informat$on and subjected to -
other administrative sanctions as appropriate.
3.
Unauthorized disclosures of classified information shall j
be reported to the Department of Justice and the Information Security oversight Office, as required by statute and Executive orders.
The Depar,tr.ent of Justice shall. continue to review reported unauthorized disclosures of classified information~ to, determine wnether FEI investigation is warranted.
Interested j
departments and agencies shall be consulted in developing criteria 1
for evaluating such matters and in determining which cases should receive investigative priority.
The FBI is authorized to investigate such matters as constitute potential violations of federal criminal law, even though adminis,trative sanctions may be
. sought instead of criminal prosecution.
4.
Nothing in this directive is intended to modify or Prec,1ude interagency agreements between F3I and, other ' criminal investigative agencies regarding their responsibility for conducting investigations within their own agencies or departments.
5.
The Office of Personnel !!anagement and all departgents and agencies with e=plo;ses having access to clnssified information are directed to revise existing regulatient anh policies, as necessary, so that employees may be required to submit to polygraph -
examinations, when appropriate, in the course of investigations of.
unauthorized disclosures of classified information.
As a minimum /
auch regulations shall permit an agency to decide that appropriat'e'
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-w.---.n
.' M*a'd"verco consequenk
'dnation that *ic limj.t2dwill follow on empicyad s raf,c1 to eseptertto ccopa to tha
- with O. Polygraph os,circumstancao o2 tho annuthor,ized discloeuro *w)dar inva*c
. Agendy regulationo any provide that chly th2 hae,6 of th3 agancy,.
- or his delegate, is empow*ered to ' order *an employee to submit to a polpgraph examination.
Results of polygraph examinations should not be relied upen to the e::clusion of other information obtainsd
- during investigations.
i l
6.
The Attorney General, in consultation with-the Director, Of fice of, Personnel Management, is requested to establish an interdepartmental group to study the federal persionnel security program. and reco:::aend appropriate revisions in existing Executive orders, regulations, and guidelines.
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EriCLOSURE 2 hATIONAL SECURlW COUNCIL WASHINGTON. D.C. 30900 December 21, 1963 1
Mr. William J. Dircks Executive Director for Dporations Nuclear Regulatory Commission 1717 H Street, NW Washington, DC 20555
Dear Mr. Dircks:
This is to advise you that we are proceeding with the f ull Implementation of National Security Decision Directive 84, "Saf eguarding National Security Information," except as I'ts Implementation Is delayed by legislation or the need to express specific policies in greater deta!I.
To this end, this off!ct has completed its review of your draf t regulations Implementing l
NSDD-84, and has determined that they satisfy the requirements of the President's Directive.
You should proceed expeditiously with the promulgation of thess
. regulations, with a target data no later than one month from your receipt of this letter.
However, for the time being your regulations should include no provlsions pertaining to the subjects of propublicailon review or the use of polygraphs.
You should have now received or will be receiving shortly more specific Instructions from tha Intelligence Community concerning Form 4193, " Sensitive Compartmented Information Nondisclosure Agreement," which relates, la part, to propublication revlev.
$1mliarly, we will address In greater detall the pol!ctos related to the use of the polygraph, as well as Instructions for egency compliance, In subsequent correspondence.
-Slacerely, A AfA
, 4 Kenneth E. deGraffenreld Director for Intelligence Programs l
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ENCLt.,RE 3 a
',Publi6ad in advance of incorporation in NRC Manuel f File and retain in Mmust until superseded.
UNITED STATES NUCLEAR REGULATORY COMMISSION ~
NRC MANUAL BULLETIN i
NO.
DATE:
SUBJECT:
NATIONAL SECURITY DECISION DIRECTIVE 84, "SAFEGUARDIt!!; NATIONAL SECURITY INFORMATION" Introduction The NRC, in connection with its various programs and activities, receives and prepares National Security Information and Restricted Data, that must be pro-tected from unauthorized disclosure. Protection of this information is based on various Executive Orders (e.g., E.O.12356), directives (e.g., the Information Security Oversight Office Implementing Directive No.1), and statutes (e.g., the Atomic Energy Act of 1954, as amended). The purpose of this bulletin is to establish additional NRC procedures and guidelines to implement the provisions of the National Security Decision Directive 84 (NSDD-84).
_ Nondisclosure Agreements In ortier to fulfill the requirenents of NSDD-84, and to cmply kith instructions from the Information Security Oversight Office (1500), all individuals who have been granted (or who undergo future processing for) an NRC access authorization in connection with access to National Security Information and/or Restricted Data will be required to execute Standard Fonn 189, " Classified Information Nondisclosure Agreement."
i Media Contacts In accordance with NRC Appendix 2I01 Part III, " Control of Classified Infomation and Documents " classified information shall not be disclosed to any' person, including media representatives, not having a security clearance / access authorf-zation, and who does not have a demonstrated need-to-know for such information.
NRC Manual Chapter 3101, "fkblic Affairs Program," provides guidance and proce-E
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dures relative to the release of infomation to the media. Questions regarding contacts with the media shall be directed to the Director, Office of Public Affairs.
Employees are cautioned that the publication, by others, in open'11terature or articles which contain infomation they know is classified doetnot mean that such published information has been officially declassified.
Unless they can positively detennine that the infonnation has been officially declassified, they must continue to protect it, including refraining from comment on the in-fonnation. With respect to Foreign Intelligence Infomation, there shall be no public comment or release regarding it, unless it is first coordinated through SEC with the concerned agency, to avoid coapromising sensitive sources and
)
methods. The simple act of admitting to having knowledge of infomation or a document, can compromise a source.
If there is any doubt concerning the matter, i
it, should be referred at once to SEC forauidance.
l Reporting Unauthorized Disclosure of Classified Infonnation NRC Appendix 2101 Part III " Control of Classified Infomation and Documents "
and Part X, " Violation of Laws of Security Interest and Losses of Classified Documents or Matter," provide that any NRC or contractor employee who has know1-edge of any unauthorized disclosure of classified documents or matter, shril immediately report same to SEC by the most rapid and secure means.
Upon receipt of such notification SEC will conduct a preliminary inquiry into the facts and circunstances, including an assessment of damage to NRC's mission and responsibilities and the extent to which it has been disseminated. The preliminary inquiry report will be referred to the NRC Office of Inspector and Auditor (OIA) for appropriate referrals, notifications, etc.
SEC and DIA will maintain records of disclosures so evaluated and investigated.
If the classi-fied information involved in the incident was originated by another agency, that agency shall be inmediately notified by SEC of pertinent facts / circumstances and the actions being taken by NRC.
1 Person (s) determined to have knowyngly made an unauthorized disclosure of classi-fied infomation or who have refu4ed to cooperate in the inquiry or investigation will be denied further access to classified information and may be subject to other administrative sanctions as appropriate.
NRC will report incidents of unauthorized disclosures of classified infomation to the 1500 and other agencies, as appropriate.
Ray:nond J. Brady, Director Division of Security Office of Administration l
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ENCLOSURE 4
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40589
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Federa! Resfeter / Vol. 48. No. Us / Frfday.' Sep*ternber S.11983 TRufes end Regufstions l
StPORMATION SECURITY OvutsHufT. Subpart A-4sheraiI roviolone.
- as a emmenion@ the United Status I
- OFFICE Government authertains bt individual t3003.1 pwpean
- essena to classined informaties...
n ose < ae.isana form.
Si err P.,im
. de,partmaats,andindependent age pres gein Subpart B la la promote.
the implementation of the governmenk ite5onalSceurflyInforma5org er etEces, erd the emplo[ees of their Standard Forms
.s wide information omrity program...
ametractors. grantees an licansees amt Standard forms are presabd when sign SF did 6e tobeing
.aaseer:laformation Security Oversight. & air use wm enhance the protection of authort a
e class Osce U500)-
assonalsecurity Informstion andler -
hformation.This requinment maybe.
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-m, d,-e b e.* a-.ead wie m is,1eme,ted,,o.,eco,ei, b,,a suwusry:This rde provides fu h ese agency for which b administrative w4hin the execouve branch of standard I8"8 8
borden ercompliance would be
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- "m*alve. On!y the Nadonal Semig, The see of the standard farne
' F
- tema thatpertain to sationalsecurity hfor:aason.These forma are amenad h pr,schd is subpart S le mandatory for. Counc5 may grant as assacy's asemedance wtth b prowhtens of aD departments, and ladependant,
app!!cause forprospective
- .9.
Secelen EJ(bXT] of Emacative Order...agacies er pfEcos'asthe execaeve bplementation. Ta mgunt prospecese ; -
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.. branch that cresta and/or handle hipfementagon, an agency must eebma
- saaes. -..:..
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masonalseendty inforsmassa. As. d As justiScotion to the Director of ESOQ, a
ts. 6ese departmesta, an trbe wClforwardit eritha b{.-.
som memca escommvios coerrase:
dent agencive or ofEces may sesommandsson to as National Steven CarSahal.Dhoeter.Is00.
to thiuse of thne forms by their SecurityCouncS. -
- . Talgbene
- aos-a354asL
. esatractors.Beensecs ergrantees who
- (cMgendu may segdn desir.
supurerramy sweassavsos.Secusa are sehrtzed access to sational
- penona,who an not helnded under
- 2XT)of Executiv: Order tasas escurity kfsmaation..
paragraph (b). above. to execute SF ass s...
Sr.o oes.e m,.ew <==.s.st
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- -* ga.ac a*
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,a BOO has de standard forms presabd h Subpart 3 ma grant an agency's app!!catian fora w var from the m afFlaB.Ta upph
..,end e.oordin,ad,,an,m*a,&,,oes,,se,,,*
may benled only by the Directar et ar a adv.- anno m-i..bmii.
c sw.
,ee., e s= we be e,,
g gama,
- sosponalbie for ensuring that a!! walvare proposed afterna tive mondisclaeme,*
&at necesettate changes to a standa,d eat to the Director of 500
.IJet of Subjassale as CFIPert Fis form an cleand with es Ceneral with tta just1Scason.The Dtructur Clammed teormogen.Exeeeeve Services Administrution's OfEco of af 500 wm aguest a determinatian sedersdafwmanen. National
- abat 6e alternadu agnements 3
aufwmanan.Seceithfwmansa. I InformadoaRaources Managna e D0.50) as an exception to b standard enforceab!11ty Irom the Department,ef.
-)=tico prior to maktag a Amon tax c:rmm-11.s).
- :.2 Title an of m code ofreds,or m ommendev.to a.Nanonar Eerutasona.o.ite xx. k amendad by gamma asenissiy.
Secarttr cesace.
adding a new Part 2003 to reed as Agendes may obtain ee of the (e)Sach agency must setsiaits
.etandard forms pmsafbpe in SubbyorderbgGrou esecoted esples of b SF138 h Ele enHown erstema bom which es a entseng T, o,PART 2003-.MATIONAL StCURfTV&CLSTRIP er by including the required be Suously ntri e event
'. -,, S4 FORMATION--STANDAAD POnttS quantities en a Standard Farm ties
.a United States anst asek estr a(gned by an agency approving ofBdal e g.,,,,,,g, g4,,,, % %,
he self wrvice store purchases.The gy).!be astfonal stock aanbar jer to
- aim annonalstock anmbes of esch form is et,ted with its description.k Subpart S.-
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anau pm,yees.
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geport3 presarguedPereue Bamse Seymmbu & ms.
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Some GarGaid.
Separt S-Presortes posme.
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"'"""*'l-we Apeement SF 333-agreement between the United States yeihm samu rte +en se amt
-l Sec.s.a(byr)ofs.o.smas.
and as sadividual that is te be ensamtsd, saams some omm.ene 7 --
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CLASSIFIED INFORMATION NONDISCLOSURE AGREEMENT An Agreernent Between and the United States
- 1. Intending to be legally bound, I hereby e opt the obligations contained in this Agreement in consideration of my ng granted eccess to classif sed information. As used in this Agreement, classified information is information that is either classified or clasifiable under the standards of Executive Order 12356, or under any other Executive order or statute that prohibits the unauthorized disclosure of information in the intrest of nationet security. I understand and accept that by being granted access to classified information, special confidence end trust shall be plamd in me by the United States Gowrnment.
- 2. I hereby acknceledge that I have remived a security indoctrination concerning the nature and protection of classified information, including the pro.
cadures to be followed in escertdning whether other persons to whom I contemplate disclosing this information have been approved for acess to it,and that I understand 11 woe procedures.
- 3. I have been advised and am ewore that direct or indrect unauthorized disclosure, unauthorized retention,or negligent handling of classified informa-tion by me could cause irreparable injury to the United States or could be used to advantage by a foreign nation. I hereby agree that I will never divulge auch infortnation unless I have officially verified that the recipient has been property authorized by the United States Government to receive it or I have been given prior written notice of authorization from the United States Government Department or Agency (hereinafter Department or Agency) last granting me a security clearance that such disclosure is permitted. I further understand that I am obligated to comply with laws and regulations that prchibit the unauthorized disclosure of classifsed information.
- 4. I have been advised and am swore that any breach of this Agreement may reruit in the termination of any security clearancas I hold; removal from any position of special confidence end trust requiring such clos ences; and the termination of my employment or other relationships with the Departrnents or A0encies that granted my security clearance or clearances. in addition, I have been advised and om swore that any unauthorized disclosure of classified inf ormation by me may constitute a vloittion or violooons of United States criminal lows, including the provisions of Sections 641,793,794,798,and 952. Title 18. United States Code, the provisions of Section 783(b), Title 50. United Stater Code,and the provisions of the Intelligence identities Protoc.
tion Act of 1982. I recopize that nothing in this Arpeement constitutes a waiver by the United States of the right to prosecute me for any statutory violation.
- 6. I hereby assign to the United States Government se royetties, remunerations, and emoluments that have resulted will result or may result from any EIisclosure, publication,or rea.glation not consistert wit the terms of this A0reement.
& I crz:lerstand that the United States Government nesy esek any remedy oveitable to it to enforce this Agreement including,but not limited to, soplica-Won for a court order prohibiting disclosure of information in breech of this Agreement.
- 7. I understand that all information to which I may abtain e&ess by signing this Agreement is now end will forever remain the property of the United States Government. I do not nchy, nor will I ever, possess any right, interest, title,or claim whatsoever to such information. I agree that I shall return all meterials which have, or mey haw, come into my pcoesssion or for which I am responsible because of such access, upon demand by en authorized repre.
eentative of the United States Government or upon the conclusion of my employment or other relationship with the Department or Agency that last Drented me a security clearance. If I do not retum such rnetariela upon request,I understreno that this mey be a violation of Section 793, Title 18, United Stotes Code, o United Statee criminal law.
- 8. Unless and until I am releassa in writing by en authorized representative of the United States Government,I undersiend that etl conditions and obliga.
tions imposed upon me by this Agreement apply during the time I am granted access to classified information, and at all times theresiter.
- 9. Each provision of this Agreement is severable. If a court should find any provision of this A0reement to be unenforceable,all other provisions of this Aeroement shall terr;ain in full for 2 and effect.
- 10. I have read this Agreement certfully and r'.y questions, if any, have been answered to my satisfaction. I acknowledge that the briefing offker h&s made tveitable to me Sections 641,793,794,798, and 952 of ' lith 18, United States Code Section 783(b) of Title 50 Unitec' States Code,the inntli-pence identities Protection Act of 1982, and Executive order 12356, so that I may read them et this tPne, if I so choose.
- 11. I make this Agreement without mental reservation or purpose of evasion.
klGNATURE DATE SOCI AL SECURITY NO. (See notice below) 0,*G AN IZATIO N The execution of this Agreernent was witnessed by the undersigned, who, on behalf of the United States Govern-ment, agreed to its terms and accepted it as a prior condition of authorizing access to classified information, WITNESS AND ACCEPTANCE:
SIGNATURE DATE O RG AN s2 ATION PeOTICE: The Privacy Act. S U.S.C. S52a, requires that federal agencies inte,rm Individuals, at the time information is solleited from them, whether the Cenclosure is mandatory or voluntary, by what authority such information is sollCited'oecutive Order e397, Your SSN will tse used to identify you pre-and what* uses will too made of the 3r: formation. You are fuereby earleed t; tat autho Ity for soliciting your Soclel SecurNy Account Number (SSN) is E e ssely wfters it is necessary to 1) certify that you have eccess to the information Indicated atsove or 2) determine that your access to the information e terminated. A!! hough disclosure of your SSN is not mendatory, your failure to 80 so may impece the processing of such certificAtlons or STANDARD FORM 100 (s-53) t.er.le.s.s.av e.s.At.lo.o.=o.
pos
hh ENCLOSURE 5 t
NUCLEAR REGULATORY COMMISSION 10 CFR Part 25 Access Authorization for Licensee Personnel. [
AGENCY:
U. 5. Nuclear Regulatory Comission ACTION:
Proposed Rule
SUMMARY
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations o a revision in National polic initiated by the National Security Council and approved by the President.
Each Federal agency that,
originates or handles classified information sust adopt revised internal procedures to safeguard against unlawful disclosure of classified information.
DATE:
Submit coments by
, 1985 comments received after this date will be considered if it is practical to do so, but asturance of consideration cannot he given except as to contwnts received on or before this date.
ADDRESSES:
Send comments to:
Secretary, U. 5. Nuclear Regulatory Comission, Washington, D. C., 20555. ATTN:
Docketing and Service Branch.
Hand deliver consnents to:
Room 1121, 1717 H 5treet, N. W., Washington, D. C.,
between 8:15 a. m. and 5:00 p. m.
i FOR FURTHER INFORMATION CONTACT:
Richard A. Dopp, Chief. Policy and Operational Support Branch, Division of Security, Office of Administration U. 5. Nuclear Regulatory Comission, Washington, D. C. 20555, telephone (301) 492-4124 DRAFIWORKIE PAPEi!
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9RAFTWORKING PAP 31 i
SUPPLEMENTARY INFORMA110N: On March 11, 1983, the President approved a revision to National policy developed by the National Security Council.
This revised policy, known as National Security Decision DirectYve (NSDD) 84, " Safeguarding National Security Infomation," directs each agency of the Executive Branch that originates or handles classified informa[ ion to adopt internal procedures to safeguard against unlawful disclosures of classified infomation.
In order to fulfill the requirements of NSDD-84 and comply with subsequent implementing instructions from 'the National Security Council and the Infomation Security Oversight Office (1500), revisions to certain NRC regulations are needed. Most signif'icantly, NSDD-84 prescribes that a
~
standardized nondisclosure agreement be signed by all persons authorized r
access to classified infomation. Since Executive Order 12356 authorizes the Director,1500, to prescribe the use of standard foms to promote the t
implementation of the government-wide information security program,1500 was tasked to develop such a standardized nondisclosure agreement.
As a result, on September 9, 1983, 1500 published a final rule in the Federal Register (48 FR 40849) which directed all departments and independent agencies of the l
Executive Branch that originate or handle National Security Information to t
i adopt the use of the new standard form.
Titled " Classified Information Nondisclosure Agreement" (5F-189), this document is a legally ding agree-P United States and an individualfthat is to be execut@as a ment betwe condition p.; to the United States Government authorizklthat individual
+sm access to classified infomation.
In addition to employees and contractors of the NRC, licensees and other personnel who may require access to National Security Infomation and/or Restricted Data related to a license or application for a license are also effected.
A I
DRAFTWORKl3 PAPER l
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1RATWDEING PAPI 1
In order to implement this requirement, two regulatory amendments are proposed:
one is to ensure that all individuals currently holding or in processing for,F 3
g an NRC access authorizationfunder 10 CFR Parts 25 execute thepw 5F-189, and the other is to require tha prior to completion of the SF-189(a new security orientation briefing be given to the employee. Specifically, a new 525.18 requirefall individuals who have already been granted an NRC access authoriza-tion pursuant to Part 25 to receive a new security orientation briefing and
't6 concurrently execute the $F-189 within 36'S days of the effective date of these emendments. Also, the corrent $25.23 specifies that the determination to grant access authorization will be furnished in writing by NRC to the licensee or MA organization which initiated the request. Thissectionisamendedtoreqqre that, upon receipt of the access authorization notification, the licensee or organization will ensure that the affected individual receive a security 1
orientation briefing and complete the SF-189.
PAPERWDRK REDUCTION REVIEW This proposed role amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget by the Information Security Dversight Office for review and approval of the paperwork requirements.
REGULATORY FLEX 1BILITY ACT CERTIF] CATION 4
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605 (b)), the Comission certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.
i DRAFTWORKING.FAPR
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Each NRC licensee or other organization which may require access to National Security Information and/or Restricted Data in connection with a license or r-cpplication for a license will be impacted by this proposed ru_]e.
Only 12 entities (which include five fuel-cycle facilities, three tranprtation companies, one reactor and three other organizations) are currently required j
to meet the requirements of 10 CFR Part 25. Since none of these has been determined to be small as defined by the Regulatory Flexibility Act of 19803 the Comission finds that this rule will '6ot have a significant economic impact upon a substantial n~ umber of small entities.
LIST OF SUBJECTS IN 10 CFR PART 25:
Classified infonnation, Penalty, Repgrting and recordkeeping requirements Security measures.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, the Independent Offices Appropriation Act of 1952 and Section 553 of Title 5 of the United States Code, the NRC is proposing to adopt the following amendments to 10 CFR Part 25.
PART 25 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL The authority citation for Part 25 continues to read as follows:
Authority: Secs.145,161, 68 Stat. 942, 948, as amended (42 U.S.C. 2165, 2201); sec. 201, BB Stat.1242, as amended (42 U.S.C. 5841); E.O.10865, as amended 3 CFR 1959-1963 COMP., p. 398 (50 U.S.C. 401, note); E.O. 12356, 47 FR 14874 April 6,1982.
Appendix A also issued under 96 Stat.1051 (31 U.S.C. 9701).
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=MAMORK!E PAPEi For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273),
6525.13, 25.17(a), 25.33 (b) and (c) are issued under sec. 1611, 68 Stat. 949, f
I as amended (42 U.S.C. 2201(1)); and 6525.13 and 25.33(b) are alsissued under sec.1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
- 1. A new 525.18 is added to read as follows:
625.18 New forms requirement for persons granted access authorizations since October 1,1980.
All persons holding NRC access authorization pursuant to this Part/ shall have executed, as a condition for continued eligibility for access authorization and access to NRC classified information, a Classified Information Nondisclosure Agreement (5F-189). Such forms shall be completed and forwarded to the NRC l
Division of Security within 365 days of the effective date of this section.
Prior to executing the SF-189, the affected individual shall have received an appropriate security orientation briefing. As a minimum, such a briefing shall explain the content of and rationale for the 5F-189 and the nature and protec-tion of classified information, including the procedures to be followed in ascertaining whether other persons to whom access to classified information is contemplated have been approved for such access.
2.
Section 25.23 is revised to read as follows:
525.23 Notification of grant of access authorization.
The determination to grant access authorization will be furnished in writing to the licensee or organization which initiated the request.
Upon receipt of the notification, the licensee or organization shall obtain, as a condition for grant of access authorization and access to classified infor-mation, a completed " Classified Information Wondisclosure Agreement" (SF-189) 8
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from the affected individual. As part of the execution of the 5F-189 an ofm W,o appropriate security orientaffon briefino, as specified in l95.33. shall be s
m.q provided. The original stoned $F-189 shall be promptly forwarded to the NRC Division of Security. Secords of [these) access authorizationmotifications sust be maintained by the licensee or requesting organization for one year
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after the access authorization has been tenninated by the NRC Division of Security.
This information may also be furnished to other representatives of the Commission, to licensees, contract' ors, or other Federal agencies.
Notifications of access authorization will not be given in writing to the..
individual himself except:
e Dated at Bethesda, Maryland this day of
,1985 For the Nuclear Regulatory Commission William J. Dircks Executive Director for Dperations l
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RES TASK LEADER EVALUATION AND RECOMMENDATION
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NUCLEAR REGULATORY COMMISSION 5
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APR 2 h 1985 MEMORANDUM FOR:
Alois J. Burda, Jr., Chief, Program Planning 'anil-Control Branch, Office of Nuclear Regulatory Research FROM:
Edward Hill, Chief, Technical Editing Section, (RES Task Leader)
SUBJECT:
PROPOSED RULEMAKING SPONSORED BY ADM My review of the proposed rulemaking indicated that, to the best of my knowledge and understanding, the rulemaking complies with all NRC procedures and guidelines. The rule would affect only one power reactor licensee as a "backfit" requirement and thus is not covered by the CRGR charter.
Other power reactor licensees would be affected only if they seek access authorization for any employees. ADM estimates that the proposed rule would add only 10 minutes to the time already required for the licensee to process the application for each new access authorization sought.
My findings are as follows:
a.
The issue to be addressed is a means of requiring that, as a prior condition to authorizing access to classified information to licensee employees, NRC obtain a signed copy of Standard Form 189, " Classified Infomation Nondisclosure Agreement."
b.
It is necessary to address this issue because NRC, as an independent agency of the executive branch, is required by 32 CFR Part 2003 to obtain a signed copy of Standard Form 189 as a prior condition to authorizing access to National Security Infonnation to an employee of one of its licensees.
c.
Because NRC has in place regulations on authorization of access to classified information to licensee personnel in 10 CFR Part 25, the simplest, most logical, and least expensive means of adding the above requirements on authorization of access to classified information to licensee personel is to revise the existing regulation in 10 CFR Part 25. No alternatives are worthy of serious consideration.
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d.
The issue will be addressed by making a simple addition to requirements already in place.
e.
This rulemaking would have negligible effect on the general public since it applies only to those licensees and others who need to use, process, store, reproduce, or otherwise handle classified information.
ADM has developed an estimate of the effect of this rulemaking on licensees. Currently, approximately 5000 persons hold NRC access authorizations under 10 CFR Part 25, " Access Authorization for Licensee Personnel." These 5000 persons are unevenly divided among 12 entities.
s Alois J. Burda, Jr.
2 APR 2 2 W Experience has shown that the completion of the SF-189 takes approxtnately 10 minutes. The requisite security orientation explaining the indi-vidual's basic security responsibilities regarding access to classified information and the rationale for completing the form also takes approxi-mately 10 minutes.
The entire process, therefore, should take approximately 20 minutes per parson. Once completed, the form must be forwarded to a designated NRC address for retention. This is a one-time burden.
Once completed, the form need not be completed, renewed, or re-signed.
Therefore, the time expended to ensure that current NRC access authorization holders complete this standard form is calculated to be:
20 minutes per form x 5000 people = 1,667 hours0.00772 days <br />0.185 hours <br />0.0011 weeks <br />2.537935e-4 months <br /> The total cost to all licensees to ensure that current NRC access authorization holders complete this standard form is:
1,667 hours0.00772 days <br />0.185 hours <br />0.0011 weeks <br />2.537935e-4 months <br /> x $60/hr = $100,020 It is estimated that the total annual recurring cost for persons requiring new/ initial access authorizations resulting from the completion of the SF-189 is:
500 persons x 10 minutes per form = 83 hours9.606481e-4 days <br />0.0231 hours <br />1.372354e-4 weeks <br />3.15815e-5 months <br /> (Note that only 10 minutes per form is used instead of 20 minutes as in the other calculation because a security orientation lecture would be presented to the new access authorization holder regardless of the requirement for Standard Form 189.)
83 hours9.606481e-4 days <br />0.0231 hours <br />1.372354e-4 weeks <br />3.15815e-5 months <br /> x $60/hr = $4,980 The addition of this requirement will have no impact on other' NRC programs / requirements at these facilities.
f.
ADM estinates the NRC staff resources needed for the rulemaking to be approximately 250 hours0.00289 days <br />0.0694 hours <br />4.133598e-4 weeks <br />9.5125e-5 months <br />.
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Alois J. Burda, Jr.
3 APR 2 2 m In summary, it is my opinion that, although the rulemaking has no' significance with respect to the NRC's mandate, it is necessary in order that NRC comply with 32 CFR Part 2003 and it is consistent with applicable policies.
I have prepared a memorandum to the EDO for Mr. Minogue's signature recommending j
that this rulemaking effort continue.
Edward L. Hill, Chief Technical Editing Section Program Planning and Control Branch Office of Nuclear Regulatory Research 4
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