ML23355A135

OMB 3150-0026 Final Supporting Statement for NRC Form 354, Data Report on Spouse

ML23355A135
Person / Time
Issue date:	04/03/2024
From:	NRC/OCIO, NRC/OGC
To:
Shared Package
ML23355A199	List: ML23355A135
References
OMB 3150-0026
Download: ML23355A135 (5)

Text

FINAL SUPPORTING STATEMENT FOR NRC FORM 354 DATA REPORT ON SPOUSE 3150-0026 EXTENSION

Description of Information Collection

The United States Nuclear Regulatory Commission (NRC) Form 354 must be completed by NRC contractors, licensees, applic ants and others (e.g., intervenors) who marry or cohabitate after completing the Personnel Security Forms, or after having been granted an NRC clearance/access authorization. The NRC Form 354 will ONLY be requested for individuals requiring Top Secret clearances. The information collected ide ntifies the respondent, the marriage/cohabitation, and data on the spouse/cohabitant and sp ouses/cohabitants parents.

This information permits the NRC to make security determination s as to whether or not any information on a specific individuals form has an impact on th e respondents initial or continued eligibility for access authorization or employment clearance.

A. JUSTIFICATION

1. Need for and Practical Utility of the Collection of Information

Section 145 of the Atomic Energy Act (AEA) of 1954, as amended, requires, before an individual can be granted access to Restricted Data ( RD), an investigation and report on the individuals character, associa tions and loyalty and a determination that permitting such a person access to RD will not endanger the common defense and security.

The basic security standard of Executive Order 10450, Security Requirements for Government Employment, for employment, or retention of an individual in a sensitive position, is that such employment or retention is cl early consistent with the interests of the national security. Executive Order 10865, Safeguarding Classified Information within Industry, likewise permits the head of a department or his designee to grant access authorizations for industrial employees (NRC contractors) only upon finding that it is clear ly consistent with the national interest to do so. Executive Order 12968, Acces s to Classified Information, requires Eligibility [for access to classified i nformation] shall be granted consistent with the national security interests of the United States

Title 10 of the Code of Federal Regulations (10 CFR), Part 10, Criteria and Procedures for Determining Eligibility for Access to Restricted Data or National Security Information or an Employment Clearance, Subpart B, pr ovides criteria to assist in making this determination.

In order for the NRC to implement this responsibility, it is es sential, from a security standpoint, that NRC receive information concerning:

(1) non-U.S. citizen spouses of NRC applicants, (2) non-U.S. spouses of NRC contractors, licensees, and others pend ing NRC access authorization processing, (3) spouses of NRC applicants, contractors, licensees or others who marry or cohabitate after applying for NRC access authorization, and (4) spouses of NRC contractors, lic ensees and others who marry or cohabitate after having been granted NRC access authorization.

The Standard Form 86 (SF-86), Questionnaire for National Securi ty Positions, revised in November 2016, is used for initial investigations an d periodic reinvestigations. The NRC Form 354 submitted only if marriage or cohabitation occurs after initial investigation, and periodic reinvestigatio ns to provide the detail needed for NRC purposes. Specifically, the NRC Form 354 provid es the following information concerning the spouses/cohabitants citi zenship and parents:

(1) Whether the individual is a U.S. citizen, an alien or possesses dual citizenship. If a U.S. citizen, whether:

a) by birth; b) derivative (including date, place, and certificate number); or c) by naturalization (including date, place, and certificate number).

If alien, alien registration number, date of entry, port of ent ry and present citizenship are required.

(2) Parents, to include name in full, date of birth, address, count ry of birth and present citizenship.

This level of detail is necessary to (1) permit the NRC Divisio n of Facilities and Security (DFS) to determine whether or not any information on the form has an impact on the respondents initial or continued eligibil ity for access authorization or employment clearance; and (2) permit the Feder al Bureau of Investigation (FBI) to complete a name check of FBI files. Use of the NRC Form 354 will be limited to those individuals who marry or coha bitate subsequent to the completion of the SF-86 and who are not other wise due for reinvestigation.

2. Agency Use of Information

The information supplied identifies the respondent, the marriag e/cohabitation, and data on the spouse/cohabitant and spouses/cohabitants par ents. This information permits DFS to make initial security determinations as to whether or not any information on a specific individuals form has an impa ct on the respondents initial or continued eligibility for access author ization or employment clearance. In the case of non-U.S. citizen spouses/ cohabitants and relatives, appropriate checks at other appropriate Government a gencies are also completed. Upon receipt of the completed FBI and other agency checks, DFS

makes second evaluations/determinations, based on developed inf ormation, as to whether any action is required concerning the respondents i nitial or continued eligibility for access authorization or an employment clearance.

3. Reduction of Burden through Information Technology

There are no legal obstacles to reducing the burden associated with this information collection. The NRC encourages respondents to use information technology when it would be beneficial to them.

The NRC has issued Guidance for Electronic Submissions to the NRC which provides direction for the electronic transmission and submitta l of documents to the NRC. Electronic transmission and submittal of documents ca n be accomplished via the following avenues: Electronic Information Exchange (EIE) process, which is available from the NRC's Electronic Su bmittals Web page, by Optical Storage Media (OSM) (e.g. CD-ROM, DVD), or by e-mail. It is estimated that approximately 100% of the potential responses ar e filed electronically.

4. Effort to Identify Duplication and to use Similar Information

No sources of similar information are available. There is no d uplication of requirements.

5. Effort to Reduce Small Business Burden

The licensees and others affected by this information collectio n are not small entities or businesses.

6. Consequences to Federal Program or Policy Activities if the Col lection is Not Conducted or is Conducted Less Frequently

There is no established reporting frequency or period for submi ttal of NRC Form 354. This form is submitted only when an applicant marrie s or cohabitates after completing Personnel Security Forms or marries or cohabit ates after receiving an access authorization. If the information is not c ollected at all, DFS will be unaware of marriages/cohabitations which have an impact on the respondents initial or continued eligibility for access author ization or employment clearance. This could have an adverse effect on the national security.

7. Circumstances Which Justify Variation from OMB Guidelines

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

8. Consultations Outside of the NRC

Opportunity for public comment on the information collection re quirements for this clearance package was published In the Federal Register on October 6,

2023 (88 FR 69675). Three licensee companies (Urenco, GE-Hitachi, and Duke) were contacted and no comments were received in response to these consultations. No comments were received in response to the Fe deral Register Notice.

9. Payment or Gift to Respondents

Not Applicable.

10. Confidentiality of the Information

Confidential and proprietary information is protected in accord ance with NRC regulations at 10 CFR 9.17(a) and 10 CFR 2.390(b).

11. Justification for Sensitive Questions

The NRC Form 354 requests information regarding the individual s marriage/cohabitation and identifying information regarding his /her spouse/cohabitant and spouses/cohabitants parents. This info rmation is essential for identification purposes and to permit the NRC to make its d etermination regarding continued eligibility for access authorization in acc ordance with appropriate statutes, executive orders, and regulations. This information is maintained in a system of records designated as NRC-39, describ ed at 84 Federal Register 71536 (December 27, 2019).

12. Estimate of Burden and Burden Hour Cost It is estimated that 50 NRC Form 354s will be completed annuall y. The annual burden is estimated to be 12.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> (50 respondents x 1 respon se per respondent x 0.25 hours2.893519e-4 days <br />0.00694 hours <br />4.133598e-5 weeks <br />9.5125e-6 months <br /> per response). At an hourly rate of $3 00/hr., the annual cost is $3,750 (50 respondents annually x 0.25 hr./form x $300/ hr.). The NRC does not anticipate an increase in the number of responses or r espondents in the next 3 years.

The $300 hourly rate used in the burden estimates is based on t he Nuclear Regulatory Commissions fee for hourly rates as noted in 10 CFR 170.20 Average cost per professional staff-hour. For more information on the basis of this rate, see the Revision of Fee Schedules, Fee Recovery for Fiscal Year 202 3 (88 FR 39120, June 15, 2023).

13. Estimate of Other Additional Costs

There are no additional costs.

14. Estimate of Annualized Cost to the Federal Government

The annual cost to the NRC of receiving and processing the form is approximately 50 reports x 0.25/hr. x $300 = $3,750. The estim ate is based on

staff experience in reviewing and handling NRC Form 354.

The $300 hourly rate used in the burden estimates is based on t he NRCs fee for hourly rates as noted in 10 CFR 170.20 Average cost per profes sional staff-hour. For more information on the basis of this rate, s ee the Revision of Fee Schedules; Fee Recovery for Fiscal Year 2020 ( 85 FR 37250, June 19, 2020).

15. Reasons for Change in Burden

There is no change in burden. However, there has been an incre ase in the cost from $3,487.50 to $3,750 as a result of an increase in the hour ly rate from $279 to $300.

16. Publication for Statistical Use

None.

17. Reason for Not Displaying the Expiration Date

Not Applicable.

18. Exceptions to the Certification Statement

Not Applicable.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

Statistical methods are not used in this collection of informat ion.