ML20248A431
| ML20248A431 | |
| Person / Time | |
|---|---|
| Issue date: | 05/15/1989 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Breaux J, Conyers J, Glenn J, Sharp P, Udall M HOUSE OF REP., ENERGY & COMMERCE, HOUSE OF REP., GOVERNMENT OPERATIONS, HOUSE OF REP., INTERIOR & INSULAR AFFAIRS, SENATE, ENVIRONMENT & PUBLIC WORKS, SENATE, GOVERNMENTAL AFFAIRS |
| Shared Package | |
| ML20248A436 | List: |
| References | |
| CCS, NUDOCS 8906080129 | |
| Download: ML20248A431 (7) | |
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WASHINGTON, D..C. 20555 May 15, 1989 CHAIRMAN The Honorable John,Glenn Chairman Committee on Governmental Affairs United States Senate Washington, D.C.
20510
Dear Mr. Chairman:
In accordance with the statutory obligation to respond to General Accounting Office (GA0) recommendations within 60 days of publica-tion, we are responding to the recommendations made by GAO in their report entitled "NRC's Security Clearance Program Can Be Strengthened."
The Commission agrees with all three recommendations contained in the report.and is.taking appropriate action to implement them.
We believe that-these-agency actions will enhance security and improve the effectiveness of the Nuclear Regulatory Commission's (NRC) Security Clearance Program.
Although no formal recommendation was made, the GA0 commented extensively in its report on NRC's use of pre-appointment investigative waivers.
We recognize that this procedure, originally inttaded.to be utilized on an exceptional basis, has become relative'ly routine.
We believe, however, that the length of time required to complete background investigations and the difficulties we are experiencing in recruiting high quality employees leave us no practical alternative at this time to continued reliance on the section 145(b) waiver approach.
Our specific comments on the.GA0 recommendations and on our use of pre-appointment investigative waivers are presented in the enclosure.
Sincerely, W.
Lando W. Zech Jr.
Enclosure:
Responses to GA0 Recommendations cc:
Senator William V. Roth, Jr.
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May 15, 1989 CHAIRMAN The Honorable John B. Breaux, Chairman Subcommittee on Nuclear Regulation Committee on. Environment and Public Works United States Senate Washington, D. C.
20510
Dear Mr. Chairman:
In accordance with the statutory obligation to respond to General Accounting Office (GAO) recommendations within 60 days of publica-tion, we are responding to the recommendations made by GA0 in their report entitled "NRC's Security Clearance Program Can Be Strengthened."
The Commission agrees with all three recommendations contained in the report and is taking appropriate action to implement them.
We believe that these agehcy actions will enhance security and improve the effectiveness of the Nuclear Regulatory Commission's (NRC) Security Clearance Program.
Although no formal recommendation was made, the GA0 commented
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extensively in its report on NRC's use of pre-appointment 1
investigative waivers.
We recognize that this procedure, originally intended to be utilized on an exceptional basis, has become relatively routine.
We believe, however, that the length of time required to complete background investigations and the difficulties we are experiencing in recruiting high quality employees leave us no practical alternative at this time to continued reliance on the section 145(b) waiver approach.
Our specific comments on the GA0 recommendations and on our use of pre-appointment investigative waivers are presented in the enclosure.
Sincerely, kV.
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Lando W.
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Enclosure:
Responses to GA0 Recommendations cc:
Senator Alan K. Simpson
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May 15, 1989 CHAIRMAN The Honorable John Conyers, Jr., Chairman Committee on Government Operations United States House of Representatives Washington, D. C.
20515
Dear Mr. Chairman:
In accordance with the statutory obligation to respond to General 3
Accounting Office (GAO) recommendations within 60 days of publica-tion, we are. responding to the recommendations made by GA0 in their report entitled "NRC's Security Clearance Program Can Be Strengthened."
The Commission agrees with all three. recommendations contained in the report and is taking appropriate action to implement them.
We believe that these agency actions will enhance security and
-improve the effectiveness of the Nuclear Regulatory Commission's (NRC) Security Clearance Program.
Although no formal recommendation was made, the GA0 commented extensively in its report on NRC's.use of pre-appointment investigative waivers.
We recognize that this procedure, originally intended 1to be utilized on an exceptional basis, has become relatively routine.
We believe, however, that the length of time required to complete background investigations and the difficulties we are experiencing in recruiting high quality employees leave us no practical alternative at this time to continued reliance on the section 145(b) waiver approach.
Our specific comments on the GA0 recommendations and on our use of pre-appointment investigative waivers are presented in the enclosure.
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Sincerely, JYA4 N Lando W. Ze
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Enclosure:
Responses to GAO Recommendations cc:
Rep. Frank Horton
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May 15,1989 CHAIRMAN The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, D. C.
20515
Dear Mr. Chairman:
In accordance with the statutory obligation to respond to General Accounting Office (GAO) recommendations within 60 days of publica-tion, we are responding to the recommendations made by GA0 in their report entitled "NRC's Security Clearance Program Can Be Strengthened."
The Commission agrees with all three recommendations contained in the report and is taking appropriate action to implement them.
We believe that these agency actions will enhance security and improve the effectiveness of the Nuclear Regulatory Commission's (NRC) Security Clearance Program.
Although no formal recommendation was made, the GA0 commented extensively in its report on NRC's use of pre-appointment investigative waivers.
We recognize that this procedure, originally intended to be utilized on an exceptional basis, has become relatively routine.
We believe, however, that the length of time required to complete background investigations and the difficulties we are experiencing in recruiting high quality employees leave us no practical alternative at this time to continued reliance on the section 145(b) waiver approach.
Our specific comments on the GA0 recommendations and on our use of pre-appointment investigative waivers are presented in the enclosure.
Sincerely, hd.
Lando W. Zec Jr.
Enclosure:
Responses to GA0 Recommendations cc:
Rep. James V. Hans'en
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May 15, 1989 l
CHAIRMAN 1
The Honorable Philip R. Sharp, Chairman Subcommittee on Energy and Power Committee on Energy and Commerce United States House of Representatives Washington, D.C.
20515
Dear Mr. Chairman:
In accordance with the statutory obligation to respond to General Accounting Office (GAO) recommendations within 60 days of publica-tion, we are responding to the recommendations made by GA0 in their report entitled "NRC's Security Clearance Program Can Be Strengthened."
The Commission agrees with all three recommendations contained in the report and is taking appropriate action to implement them.
We believe that these agency actions will enhance security and improve the effectiveness of the Nuclear Regulatory Commission's (NRC) Security Clearance Program.
Although no formal recommendation was made, the GA0 commented extensively in its report on NRC's use of pre-appointment investigative waivers.
We recognize that this procedure, originally intended to be utilized on an exceptional basis, has become relatively routine.
We believe, however, that the length of time required to complete background investigations and the difficulties we are experiencing in recruiting high quality employees leave us no practical alternative at this time to continued reliance on the section 145(b) waiver approach.
Our specific comments on the GA0 recommendations and on our use of pre-appointment investigative waivers are presented in the enclosure.
Sincerely, b/.
s Lando W. Zec Jr.
Enclosure:
Responses to GAO Recommendations I
cc:
Representative Carlos J. Moorhead
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Enclosure i
U.S. NUCLEAR REGULATORY COMMISSION'S (NRC'S) RESPONSE TO THE GENERAL ACCOUNTING OFFICE'S RECOMMENDATIONS GA0 Recommendation 1:
(Executive Sumary, page 5) l NRC require periodic reinvestigations for all employees.
NRC Response While NRC has had a reinvestigation program for all "Q" cleared employees since 1983, we did not routinely reinvestigate "L" cleared employees. Based on GA0's report and the recommendation of the Director of Security, NRC's Executive Director for Operations, on April 28, 1989, formally implemented the reinvestigation program for "L" cleared employees, licensees, and contractors.
A copy of his memorandum to the Comission on these matters is attached.
GA0 Recommendation 2:
(Executive Summary, page 5)
NRC validate and update the security clearance database.
NRC Response NRC agrees with the GA0 recommendation that the automated Central Personnel Clearance Index (CPCI) database needs to be revalidated and updated and has already initiated such action. We have corrected the 69 incorrect social security records that were found by GAO, and the records on the 22 individuals who are no longer employed by NRC--many of whom were summer hires and coopera-tive students--have been revised to reflect a terminated clearance status.
Procedures have been instituted to require that our CPCI records be compared on a quarterly basis against NRC Personnel and Payroll records. To further enhance the accuracy of the database, we now require all employees, con-sultants, summer hires, and cooperative students to be processed through the Division of Security upon termination of their employment so that their records can be promptly updated.
We believe these actions will ensure the overall accuracy and reliability of our system for post-1983 data. As indicated in the GA0 report, all pre-1983 data elements for NRC personnel security files may not now be in the database.
We are taking action to update all required data elements as each file is pulled in connection with some other action, such as a visit certification or the expanded reinvestigation program.
Although we are taking action to update our database, it should be noted that the CPCI database is used exclusively as a management tool.
Perscnnel security actions on individuals, such as certification or reinvestigation of security clearances, are not based solely on CPCI data, but include a full review of the file.
GA0 Recommendation 3:
(Executive Summary, page 5)
NRC expedite a decision to issue either a policy statement or a regulation regarding access to commercial nuclear power plants.
NRC Response After reviewing public comments on access authorization programs, the Commission has decided to proceed with a regulation, rather than a policy l
statement, regarding access to commercial nuclear power plants. The rule will require all nuclesr power reactor licensees to have an unescorted access authorization program and will specify the major attributes required of such a program.
GENERAL COMMENT
ON PRE-APPOINTMENT INVESTIGATIVE WAIVERS The GA0 report notes that NRC routinely waives its pre-appointment background investigation requirements for new employees.
GA0 believes that such a practice could pose a potential security risk.
However, NRC experience to date reflects an effective program with few personnel security-related problem cases and nothing constituting an unreasonable risk to the common defense and security. We assure this by means of administrative controls that preclude new employees from having access to classified information until they are granted a security clearance.
In view of the length of time that it has taken for the Office of Personnel Management. (0FM) to complete a full field investigation (9-12 months) and National Agency Check with Inquiry investigation (3-4 months), we must continue to use the pre-appointment investigation waiver provided in Section 145(b) of the Atomic Energy Act of 1954, as amended. This practice enables us to attract and promptly employ the highly competent technical and support staff we need to assure continued viability of NRC nuclear regulatory programs protecting the health and safety of the public.
If the OPM completion times significantly improve, we will reevaluate our use of this procedure.
In the interim, in response to GA0 concerns, we are reviewing our pre-appointment investigation waiver procedures with the objective of strengthening this process.
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