ML20217C579

Request for OMB Review & Supporting Statement Re 10CFR25, Access Authorization for Licensee Personnel.Estimated Respondent Burden Is 95 H

ML20217C579
Person / Time
Issue date:	07/01/1991
From:	Cranford G NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
To:
References
OMB-3150-0046, OMB-3150-46, NUDOCS 9107170289
Download: ML20217C579 (25)

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OMB SUPPORTING STATEMENT FOR 10 CFR PART 25 Access Authorization for Licensee Personnel Description of the Information Collectio.D The reporting requirements of this revision to 10 CPR Part 25 affect approximately 31 licensees and other organizations (e.g.,

fuel cycle facilitics, licensee contractors).

The licensees or other organizations send the reports required by this revision to NRC at its Headquarters Offices.

Reports or applications are only required as occasioned by the occurrence of specific events such as the request for an access authorization renewal after five years since the grant of clearance, a termination, cancellation or reinstatement, or by a request for exemption from the Part. Information submitted in connection with applications for access authorizations or access authorization renewal includes personal data which is handled and protected in accordance with NRC directives and the prov4 51ons of the Privacy Act of 1974.

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A.

JUSTIFICATION 1.

Need for Collection of Informalign.

This revision to 10 CFR Part 25 contains reporting, recordkeeping and application requirements, related to the requirements for submittal of personnel security access authorization renewal requests.

All of the security recordkeeping requirements and security reporting and r.otification procedures relative to access authorizttions also apply to renewals. In all cases, the requirements are necessary to help ensure that granting individuals, covered by this Part, continuing access to classified information will not endanger the U.

S. common defense and national security. Essentially, all of the reporting, recordkeeping and application requirements are necessary for one or more of the reasons listed below.

a.

To obtain the essential data from individuals necessary to determine their continuing eligibility for an NRC access authorization for access to classified information. These information requirements are derived from pertinent statutes and Executive Orders which authorize background investigations on an individual's character, associations and loyalty.

b.

To obtain essential data describing normal operating procedures pertinent to personnel security activities to ensure that regulatory requirements are being met by licensees and other organizations.

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The revised information collection requirements of 10 CFR Part 23 are identified and explained below:

25.17(b) NRC Access Authorization Recuent Form. (NRC Form 237 cleared under 3150-0050). The information and signature required by this section are used to verify the identity of the employee for whom access authorization renewal la requested and ensures (through the signature of a licensee, licensee contractor or other organization official) that the licensee or other organization endorses the request.

The increased usage of this form under this revision is expected to be minimal (less than 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> annually).

A revision to the clearance package for NRC Form 237 is not warranted at this time.

25.17(c) Personnel Security (Access Authorization) Pachot.

The information required by this section provides the pertinent data necessary to conduct an updating investigation, after five years of continuous clearance used to determine the respondent's continuing trustworthiness and his/her eligibility for access to National Security Information or Restricted Data. The information submitted on the SP 86, Parts 1 and 2 (cleat under 3206-0007) is reviewed by SEC staff and forwarded the appropriato investigating agency. In those cases where the respondent already has a reinvestigation conducted by another Federal agency, alternative sources (other agency records) may be used to obtain this information.

25.23 Notification of Acgtss Authorization Anoroval. The maintenance of access authorization renewt41 letters permits review and confirmation during prescribed NRC surveys that only properly authorized employees whose continuing reliability has been assured have had access to classified information. This recordkeeping requirement ensures these records are available for review by NRC inspectors and that they can be compared against recoros held by the NBC Division of Security. The access authorization renewal records under this section must be kept for three years following the access authorization termination date.

25.25 6.ccess Authorization Renewal Cancellations. The information required by this section is necessary each time a licensee or other organization wishes to withdraw or cancel an access authorization renewal they have requested.

The information is used by NRC to terminate its processing of the individual and to notify the investigating agency that the investigation may also be cancelled. This action saves the U. S. Government specific processing costs and curtaile unnecessary investigations and invasions of privacy.

25.27(a) & (b) Peospnino cancelled Reqqssts. These sections identify the personnel security informazion which is necessary from licensees and other organizations in order to OMB SUPPORTING STATEMENT 2

10CFR PART 25

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reopen a cancelled request for access authorization renewal.

The information is used by NRC to complete the accono authorization renewal processing. These procedures are required in order for NRC to determine the respondent's continuing trustworthiness.

Except as noted for 25.17 (c), there is no duplication with any other Federal agency reporting requiremonto for all of the above. For each of the reporting requirements the respondent is not required to submit more than two copies of any response.

2.

Agency Use of Informa11gn. Personal history information which is submitted by applicants for access authorization renewal is reviewed, evaluated by Division of Security personnel and provided to OPM which conducts ba kground investigations. The NRC reviews the data from these investigations and makes determinations regarding the eligibility of applicants for continuing access to classified information. If the information collection sac not conducted, individuals would not be permitted continuing access to NRC classified information.

3.

Reduction of Burden Throuah Information Technoloav. There is no significant impact upon the information collection requirement through the application of information technology. Only a small portion of other agency information (e.g.,

S25.17(c)) is available through information technology means. Most of the information is obtained directly from the individual affected.

4.

Effort to Identify Dunlication. These requirements and procedures have been used by the Department of Energy to collect similar information. Similar requirements and proceduros are used by other government agencies. Whenever possible, NRC uses these alternative sources of information.

5.

Effort to Uno Similar Information. These requirements and procedures do permit NRC to use information already collected by other Federal agencies for similar access authorization renewal programs.

However, personal history information is time perishabic and may need to be supplomonted and updated.

6.

Effort to Reduce Small Business BMrdRD. None of the licensees affected qualify as small business enterprises or entities.

7.

Consecuences of Less Frequent Collection. The information is only collected when required.

There is no routino or recurring collection.

Collection would normally be done onco every five years for those individuals requiring continuous access to classified information for more than five years.

OMB SUPPORTING STATEMENT T

10CFR PART 2b

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8.

Circumstances Which Justify Variation from OMB_ Guidelines.

There is no variation from OMB Guidolines in this collection of information.

9.

Consultation outside the Aaency. The revised application, recordkeeping and reporting requirements in 10 CFR Part 25 are the subject of current formal rulomaking proceedings.

They are being published as part of a proposed rule, subject to public comment.

These same requirements and proceduros are being used by the Department of Energy. Similar requirements and procedures aro used by other government agencies involved with programs requiring access to National Security Information.

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10.

ggnfidentiality of Information. The informction collected is used to determine an applicant's continued oligibility for access authorization. The information is protected from public disclosure under the Privacy Act of 1974 and is handled in accordanco with routine uses specified in the Privacy Act Statement provided with or on each form.

1 11.

Justification for Sensitive Ouestions. Sensitivo information i

collected under this program has beon authorized under OMB Clearance Nos. 3206-0007 and 3150-0050.

I 12.

Estimated Annual Cost to the Federal Government. The estimated cost to the Federal Government in administering the program and procedures contained in these now requirements ist Annual cost - professional effort

$2,852 (31 hrs. X $92/hr.)

=

Annual cost - clerical effort

$1,935 (43 hrs. X $45/hr.)

=

Annual cost - record holding requirement for ongoing program

(.5 cubic ft. X S209/ cubic ft.)

105

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$4,892 Tota] annual cost

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The annual cost to the respondents is reficcted on Attachment A. The cost of $92.00/hr. Was used.

13.

Estimate of Burden. See Attachment A for a brehkdown of burden estimatos by Section.

14.

Reasonn for Chance-in Burden. Burden estimates have changed, because of the new requirement to submit personnel security packages every five years after the original grant of access authorization.

15.

Publication for Statistical Use. There is no application of statistics on the information collected. There is no publication of the information.

OMB SUPPORTING STATEMENT 4

10CFR PART 25

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x ATTACifMDIT A 10 CFR 25 BURDDI ESTIMATE Total No. of Annual Total Hours per Burden Cost to Section Requirement Respondents Responses Responses

Response

Hours Respondent Reportina 25.17 ( b)

NRC Access Authorization Form Cleared under OMB Control Number 3150-0050 Request - NRC Form 237 25.17(c)

Personnel Security Packet Form Cleared under OMB Control Number 3206-0007 SF 86 25.25 Access Authorization 10 4

40

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$920 Renewal Cancellation 25.27 Reopening Cancelled 5

2 10 2.0 20

$1840 (a)&(b)

Renewal Requests 30

$2760 Totals i

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ATTACHMEfiT A 10 CFR PART 25 BURDE!! ESTIMATE Annual Total

!!o. of Hours per Rcrdkpng Cost to Section Requirement / Record Retention Rcrdkprs Rcrdkpr flours Respondent Recordkeepino 25.23 tiotification of Access 20 1

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$1840 Authorization Renewal Totals 20

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NUCLEAR REGULATORY COMMISSION i

10 CFR part 25 RIN 3150 - AD86 NRC Licencoe Reinvestigation Program AGENCY:

Nuclear Regulatory Commission.

ACTION:

proposed rule.

SUMMARY

The Nucicar Regulatory Commission proposes to amend its regulations _to require a reinvestigstion program for NRC licensoo i

personnel with "Q" and "L" access authorizations and to amend the fee schedule to cover investigative costs.

The proposed reinvestigation program is consistent with the Department of Energy's program for its contractors and is consistent with NRC's j

policy of reinvestigating its own employees, consultants, f

contractors, experts and panel members.

This amendment is necessary to achieve a higher icve1Lof assurance that licensee

. personnel with access to Restricted Data or National Security" f

Information remain eligible for such access.

CATE:

Comment' period expires Comments received after this datoLwill be considered if it is practical to

~do so, but the Commission is aole to assure consideration only for comments received on or before this date.-

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i ADDRESSES:

Mail written comments to:

Secretary, U.

S.

Nuclear Regulatory Commission, Washington, DC 20555, ATTE!1TIOll Docketing and Service Branch.

Deliver comments tot 11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. Federal workdays.

Copies of the regulatory analysis and comments received may be examined at:

Room LL6, 2120 L Street, !!W. (Lower Level),

Washington, DC.

FOR FURTl!ER INFORMATIOli CO!1 TACT:

Duane G.

Kidd, Division of Security, Office of Administration, U.

S.

!!uclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-4127.

SUPPLF.MENTARY I!iFORMATIOll:

The NRC currently requires a reinvestigation every five years for its employees, consultants, contractors, experts, and panel members with "Q" or "L" access authorization but does not require a reinvestigation for licencee personnel with the same icvel of access authorizations.

A recommendation was made in the 1988 GAO Report "NRC's Security Clearance Program can be Strengthened" and smplified in 1989 hearings before Congressman Synar that flRC have a reinvestigation program for its "L" cleared employees, consultants, contractors, experts, and panal members to assure their continued reliability, integrity, and trustworthiness.

The rationale behind that recommendation applies egaally to licensee personnel with "L" and "Q" accons authorizations.

The proposed rule will establish the l

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rc791remont that licensco pornonnel would bo subject to a reinvestigation overy five years similar in scopo to that required for NRC employees and contractors and consistent with that required by the Dopartment of Energy for its contractors who have access to Rostricted Data or National Security Information.

The proposed rule would also amend Appendix A " Fees for NRC Access Authorization" to recover the coats of tho reinvestigations required by those changos.

The proposed amendments, however, allow for recognition of other agoney's, principally the Dopartment of Energy's, reinvestigations.

In casos Whoro NRC can verify an appropriato reinvestigation by another Fodoral agency, thoro would be no chargo to the licensee or other organization.

Where thoro was no other reinvestigation, or the reinvestigation did not moet NRC requirements, the fee would be assessed.

However, the foe would most often be nominal, as reflected in Appendix A.

Environmental Impact: Categorical Exclusion The NRC has datormined that thir proposed regulation is the type of action described as a categorical exclusion in 10 CFR

51. 2 2 (c) (1).

Thoroforo, neither an environmenta] impact statement nor an environmental assessmont has been prepared for this proposed rule.

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i Paperwork Roduction Act Statement This proposed rule 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 for review and approval of the paperwork requirements.

Public reporting burden for this collection of information is estimated to average.6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> per responso, including the time for reviewing instructions, searching existing data sources,

_ gathering and maintaining the data needed, and completing and reviewing the collection of information.

Send comments regarding this burdon estimato or any other aspect of this collection of l

- information, including suggestions for reducing this burden, to the Information and Records Management Branch (MNBB-7714), U.S.

Nuclear Regulatory Commission, Washington, DC 20555; and to the i

Desk Officer, Office of Information and Regulatory Affairs, HE0B-3019, (3150-0046), Office of Management and Budget, Washington, DC 20503.

i Regulatory Analysis The commission has prepared a regulatory analysis on'this proposed regulation. -The analysis examinos the costs and benefits;of the alternativec considered by the Commission.

The analysis is available for inspection in the NRC Public Document 4

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Room, Room LL6, 2120 L Street, NW. (Lower Loyol), Washington, DC.

Singlo copies of the analysis may be obtained from Duano G.

Kidd, Division of security, office of Administration, U.

S.

Nuclear Regulatory Commission, Washington, DC 20355, tolophone (301) 492-4127.

Regulatory Flexibility Cortitication Daued upon the information availablo at this stage of the rulemaking procooding and in accordanco with the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Commission cortifies that, if promulgated, this rule will not have a significant economic impact en a substantial number of small entition.

This rulomaking only applies to thoua licensoos and others who generate, roccivo, sifoguard and store National Security Information or Rostricted Data (as defined in 10 CFR Part 25).

Approximatoli 31 NRC licensoo and other licenso related interests would be affected under the provisions of 10 CFR Part 25.

Because those licensees are not cle.sified as small entities as defined by the NRC's size standards (December 9, 1985; 50 FR 50241), the Commission finds that this rule will not have a significant economic impact upon a substantial number of small entities.

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Backfit Analysis The NRC has datormined that the backfit rule, 10 CPR 50.109, does apply to this rulemaking initiative because it falls within the critoria of 10 CFR Part 50.109(a)(1), but that a backfit analysis is not required because this rulemaking qualifies for exemption under 50.109 (a) (4) (iii) that roads "That the regulatory action involves redefining what levol of protection to the common defence and cecurity should be regarded as adequato."

List of Subjects 10 CFR Part 25 Classified information, Criminal penalty, Investigations, Penalty, Reporting and recordkeeping requirements, security measures.

For the reasons not out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorgani:ation Act of 1974, as amended, and 5 U.S.C.

553, the NRC is proposing to adopt the following amendments to 10 CFR Part 25.

PART 25 - ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL 1.

The authority citation for Part 25 continuos to read as follows:

AUTHORITY:

Secs. 145, 161, 68 Stat. 942, 948, as amended (42 U.S.C.

2165, 2201); coc. 201, 88 Stat. 1242, as amended (42 6

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U.S.C. 5841); E.O. 10865, as amended, 3 CFR 1950-1963 COHp.,

p.398 (50 U.S.C.

401, noto);

E.O.

12356, 47 FR 14874, April 6, 1982.

Appendix A also issued under 96 Stat. 1051 (31 U.S.C. 9701).

For the purposes of sec. 223, 68 Stat. 958, as amended, (42 U.S.C. 2273), SS 25.13, 25.17(a), 25.33(b) and (c) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C.

2201(i));

and SS 25.13 and 25.33 (b) are issued under sec. 161o, 68 Stat.

950, as amended (42 U.S.C. 2201(o)).

2.

In 525.17, paragraph (e) is rovised to road as follows:

S 25.17 Approval for processing applicants for access authorization.

(c)

Applications for access authorization or access authorization renewal processing must be accompanied by a check or money order, payable to the United States Nuclear Regulatory Commission, representing the current cost for the processing of each "Q,"

"L,"

access authorization, or renewal request.

Access authorization and access authorization renewal fees will be published each time the office of personnel Management notifies NRC of a change in the rates it chargos NRC for the conduct of investigations. Any such changed access authorization or access authorization renewal fees will be applicable to each access authorization or access authorization renewal request roccived 7

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upon or after the date of publication.

Applications from individuals having curront rodoral access authorizations may be processed more expoditiously and at loss cost, sinco the Commission may accept the cortification of access authorization and investigativo data from other rodoral covernment agencies that grant personnel access authorizations.

3.

Section 25.19 is revised to road as follows:

)

5 25.19 Processing applications.

Each application for access authorization or access i

authorization renowel, together with its accompanying feo, must be submitted to the NRC Divi: lion of Security.

If necessary, the NRC Division of Security may obtain approval from the appropriato commission offico exercising licensing or regulatory authority beforo processing the access authorization or access authorization renewal request. If tho applicant is disapproved for processing, the NRC Division of Security shall notify the submitter in writing and return the original applicstion (security packet) and its accompanying foe.

4.

In 525.21, paragraph (a) is revised and paragraph (c) is added to road as follows:

S 25.21 Determination of initial and continued oligibility for access authorization.

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(a) rollowing receipt by the Nnc Division cf Security of the reports of the personnel security investigations, the record will be reviewed to determine that granting an access authorization or renewal of access authorization will not endanger the common defence and cecurity and is cicarly conciatent with the national i

interent.

If such a determination is made, access authorization 1

will be granted or renewed.

Questions as to initial or f

continuing eligibility wil; be determined in accordance with part 10 of Chapter I.

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(c)(1)

Except as provided in paragraph (c) (2 ) of thiu section, NRC "Q" a.d "L" access authorizatiora expire five years from the date of 1,suance.

If continued "Q" or "L" acceso authorization is rbquired, an application for renewal must be submitted at least 120 days prior to its expiration date.

Failure t make a timely application will rejilt in expiration of 4

access aut horization.

Access authorization /br which a timely application for renewal has been made nay be continued beyond the expiration date pending final action on the application.

An application for renewal must include:

(i) A statement by the licensee or other percon that the individual continues to require acceco to classified National Security Information or Fectricted Data; and (ii) A perconnel security packet as described in 525.17(c).

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(2)

An exception to the access authorization expiration date and the time for submission of renewal applications is i-provided fort (a)

Those individuals whose original access authorization date of issuance is more than five years old as of the effective date of this rule amendment.

For those individuals an application for renewal must be submitted (within 100 days of the i*

effective date of this rule); and, (b) Those individuals who have a current and active access authorization from another federal agency, and are subject to a reinvestigation program by that agency that is determined by NRC to meet NRC's requirements (the DOE Reinvestigation Program has been~ determined to meet NRC's requirements), and for which the i

licensee or other person has notified NRC of their intention to use this exception at least 120 days prior to the original expiration date of the access authorization.

For those individuals, the licensee or other person may submit to NRC, concurrent with its next submission to the other government sgency after (the effective date of this rule) (provided that period is no longer than seven years from the date of original i

issuance or last renewal), a copy of the SF-86 that is dated and bears an original signature, together with a request form (NRC Form 237) signed by a. licensee or other official as the supporting-documentation for an NRC access authorization renewal j

application.

Any NRC access authorization continued in response to a renewal application submitted pursuant to this 10

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paragraph will, thereafter, not expire until the date set by the other government agency for the next reinvestigation of the individual pursuant to the other agency's reinvestigation program provided that period is no longer than seven years from the date of the NRC renewal.

At that time (and at the time of each subsequent reinvestigation of the individual), the licensee or other person, may again submit, concurrent with its submission to the other government agency, a copy of the SF-86 that is dated and bears an original signature together with a request form (NRC l

Form 237) signed by a licensee or other contractor official as the supporting documentation for an NRC access authorization renewal application.

Failure to file a renewal application concurrent with the submission of an individual's SF-86 to the other government agency pursuant to their reinvestigation requirements will result in the expiration of the individual's NRC access authorization.

5.

Section $25.23 is revised to. read as follows:

525.23 Notification of grant of access authorization.

The determination to grant or renew access authorization will be furnished in writing to the licensee or other person that initiated the request.

Upon receipt of the notification of original grant of access authorization, the. licensee or other person shall obtain, as a condition for grant of access authorization and access to classified information, an executed 11

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s i

Classified Information Hondisclosure Agreement (SF 312) from the affected individual.

The individual shall also be given a security orientation briefing in accordance with 595.33 of this chapter.

The signed SF 312-must be promptly forwarded to the NRC Division of Security.

Records of access authorization grant and renewal notification must be maintained by the licensee or other organization for three years after the access authorization has been terminated by the NRC Division of Security.

This information may also be furnished to other representatives of the Commission, to licensees, contractors, Hor other Federal agencies.

Nc*.ifications of access authorization will not be given in writing to the affected individual except:

(a) In those cases In which the determination was made as a result of a Personnel Security Hearing or by Personnel Security Review Examiners, or (b) When the individual also is the official designated by the licensee to whom written NRC notifications are forwarded.

6.

Section S25.25 is revised to read as follows:

525.25 Cancellation of requests for access authorization.

-When a request for an individual's access authorization or renewal of access authorization is withdrawn or cancelled, the requestor shall notify the NRC Division of Security immediately by' telephone so that the full field investigation, National Agency Check with credit Investigation or other personnel security action may be discontinued.

The requestor shall 12

s

'6 Identify the full name and dato of birth of the individual, the i

date of request, and the type of access authorization

(Q

or

$$Le ) or access authorization renewal originally requested.

The requestor shall confirm each tolophone notification promptly in writing.

7.

In 25.27, paragraph (a) is revised to road as follows:

$25.27 Roopening of cases in which requests for access authorizations are cancelled.

(a) In conjunction with a new request for access authorization or renewal of access authorization for individuals those casos were previously cancelled, now fingerprint cards in duplicato and a now Security Acknowledgment (for cases where no final access authorization was previously issuod) must be furnished to the NRC Division of Security along with the request.

8.

In 525.31, a new paragraph (d) is added to read as follows:

525.31 Extensions and transfers of access authorizations.

(d) The date of an extension or transfer of access authorization may not be used to determine when a request for renewal of access authorization is required.

Access authorization renewal requests must be timely submitted in accordance with 525.21(c).

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9.

Appendix A to Part 25 is revised to read as follows:

APPENDIX A to Part 25 - FEES FOR NRC ACCESS AUTHORIZATION i

Category Fee l

1 Initial "L" Access Authorization

$45 I

Reinstatement of "L" Access Authorization.

S45 1

Extension or Transfer of "L" Access Authorization.

$45 I

Renewal of "L" Access Authorization.

S45 Initial "Q" Access Authorization

$2,600 Initial "Q" Access Authorization (expedited

$3,000 processing) 2 Reinstatement of "Q" Access Authorization.

$2,600 Reinstatement of "Q" Access Authorization (expedited 2 $3,000 processing) 2 Extension or Transfer of "Q"

$2,600 2

Extension or Transfer of "Q" (expedited processing)

$3,000 l

Renewal of "Q" (Initial five year reinvestigation)

$1500 I

Renewal of "Q" (subsequent five year reinvestigations)

$45 1

If the NRC determines, based-on its review of available data, that a full field investigation is necessary, a fee of

$2,600 will be assessed prior to the conduct of the investigation.

2 Full fee will only be charged if investigation is required.

Dated at Rockville, MD, this th day of 1991.

For the Nuclear Regulatory Commission 4

James M.

Taylor Executive Director for Operations 14

6. ' k REGULATGPY ANALYSIS 1.

Statement of Problem In 1989, Congressional Hearings were hold bot 4: Cor,,ressman Synar that resulted from the 1988 GAO Report *11RC's Security Clearancu Program can be Strengthened" that recommended that NRC establish a reinvustigation program for individuals with i

"L" access authorizations.

Until that time, only personnel with "Q" access authorization were reinvestigated.

On April 28, 1989, the EDO approved a reinvestigation program for all NRC employees, consultants, experts, and panol members with NRC "L" access authorizat..on and on November 15, 1990, approved a reinvestigation program for NRC contractors.

This established the policy that all NRC employees, consultants, continctors, exports, and panel members, whether they hao "Q" or "L" access authorization, would be reinvestigated every five years to assure their continued oligibility for access authorization.

Thoro currently is no reinvestigation program for licensee personnel with the same access authorizations.

% h 4 2.

Obiective The objective of this regulatory initiative is to establish a reinvestigation progran for licensee personnel with NRC "Q"

or "L" access authorization.

3.

Alternatives There is no reasonable alternative to the revision of this regulation that would achieve the desired result.

4.

Conspauenceg There are approximately 31 affected entities licensed by the NRC.

Each licensee person who needs access to NRC National Security Information or Restricted Data must have an access authorization granted to them by the NRC.

Each of these individuals who is still in a position requiring such access five years after the original access authorization was granted will be required to submit personnel security forms to NRC as the basis for a reinvestigation; provide information establishing that another

.nment agencv had conducted or was conducting a personnel security investigation of the individual, which met NRC standards, within the last five years; or for individuals covered by the DOE reinvestigation program, comply with requirements

• g 3 4 similar to those contained in 10 CFR 11.15(c) (2) and (3) for Material Access Authorizationn.

5.

pgrqision Rationg_1.0 The only available method of imposing this legitimate requirement on selected licensees is to revise 10 CFR Part 25.

Other avenues would lack the requisite formality and legality necessary to require all affected NRC licensees to comply with the requirement for five year personnel security reinvestigations.

6.

Implementation The Division of Security intends to publish the proposed rule amending 10 CFR Part 25 by August 15, 1991.

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