[Federal Register Volume 65, Number 95 (Tuesday, May 16, 2000)]
[Notices]
[Pages 31197-31198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12300]


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NUCLEAR REGULATORY COMMISSION


Memorandum of Understanding Between the Federal Bureau of 
Investigation and the Nuclear Regulatory Commission Regarding Nuclear 
Threat Incidents Involving NRC Licensed Facilities, Materials, or 
Activities

AGENCY: Nuclear Regulatory Commission.

ACTION: Memorandum of Understanding Between the Federal Bureau of 
Investigation and the Nuclear Regulatory Commission.

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SUMMARY: The Nuclear Regulatory Commission (NRC) entered into a 
Memorandum of Understanding (MOU) with the Federal Bureau of 
Investigation (FBI) in 1979. The MOU delineated the responsibilities of 
each agency regarding nuclear threat incidents involving NRC-licensed 
facilities, materials, or activities. In 1991, the NRC and FBI revised 
the MOU to reflect new legal authorities and operating experience. In 
1999, the agencies reviewed the MOU and determined additional revisions 
were not required. We are currently publishing the MOU to inform the 
public of this review and staff conclusion regarding the continuing 
adequacy of the document. The text of the MOU between the NRC and the 
FBI follows.

FOR FURTHER INFORMATION CONTACT: John Davidson, Office of Nuclear 
Material Safety and Safeguards, telephone 301-415-8130, e-mail 
[email protected].

    Dated at Rockville, Maryland, this 9th day of May 2000.

For the Nuclear Regulatory Commission
Michael F. Weber,
Director, Division of Fuel Cycle Safety and Safeguards, Office of 
Nuclear Material Safety and Safeguards.

Memorandum of Understanding Between the Federal Bureau of Investigation 
and the Nuclear Regulatory Commission Regarding Nuclear Threat 
Incidents Involving NRC Licensed Facilities, Materials, or Activities

I. Purpose

    In recognition of the responsibilities and functions of the 
Federal Bureau of Investigation (FBI) and the Nuclear Regulatory 
Commission (NRC) under the Atomic Energy Act of 1954, as amended, 
this Memorandum of Understanding (MOU) delineates the 
responsibilities of each agency regarding nuclear threat incidents 
involving NRC-licensed facilities, materials, or activities. (This 
agreement does not affect the procedures and responsibilities set 
forth in the November 23, 1988, Memorandum of Understanding between 
the NRC and the Department of Justice (DOJ) regarding cooperation 
concerning NRC enforcement actions, criminal prosecution by DOJ, and 
the exchange of pertinent information.)
    Having closely related statutory responsibilities with regard to 
nuclear materials, facilities, and activities in the United States, 
the FBI and NRC must cooperate fully in carrying out their 
respective responsibilities in the interest of achieving:
    1. Effective communication and exchange of relevant information, 
and
    2. A timely, reliable, and effective response to a nuclear 
threat incident.

II. Definitions

    For the purpose of this agreement, nuclear threat incidents are 
defined as threats, or acts of theft or sabotage in the U.S. nuclear 
industry, including the following:
     Theft or attempted theft of NRC-licensed special 
nuclear material.
     Sabotage or attempted sabotage of NRC-licensed nuclear 
facilities or NRC-licensed transportation activities.
     Attacks on NRC-licensed nuclear facilities or 
activities.
     Credible threats involving NRC licensed facilities, 
materials, or activities.

III. Responsibilities

A. The FBI

    The FBI derives the authority to investigate criminal matters 
related to NRC licensed facilities, materials, or activities from 
the Atomic Energy Act of 1954, as amended; Title 18, Section 831 
``Prohibited transactions involving nuclear materials,'' and other 
Federal statutes as may be applicable. The FBI has been designated 
as the lead agency for coordinating the Federal Response to acts of 
terrorism within the United States by National Security Decision 
Directive (NSDD) Number 207 and the National System for Emergency 
Coordination (NSEC).
    It is therefore understood that the FBI shall:
    1. Provide to NRC, intelligence information concerning possible 
criminal acts relative to the security of nuclear facilities, 
materials, activities.
    2. Notify NRC when allegations of a serious nature arise, or 
derogatory information is developed involving licensee personnel 
occupying positions considered critical to the safety and security 
of nuclear facilities or activities.
    3. Investigate ongoing nuclear-related threat situations; advise 
NRC regarding the credibility and danger of such threats.
    4. Establish liaison and develop contingency response plans with 
pertinent local law enforcement agencies to ensure effective and 
coordinated law enforcement response operations.
    5. In accordance with the Omnibus Diplomatic Security and Anti-
Terrorism Act of 1986, conduct identification and criminal history 
records checks on individuals with unescorted access to NCR-licensed 
nuclear power plants or access to Unclassified Safeguards 
Information.
    6. Establish liaison with pertinent NRC Headquarters staff, NRC 
regional offices, and licensed facilities to ensure effective 
information exchange, threat evaluation, and contingency response 
planning.
    In the event of a nuclear threat incident the FBI shall:
    7. Coordinate the Federal response to a nuclear threat incident 
involving NRC-licensed facilities, materials, or activities. The FBI 
will rely on the NRC on matters concerning public health and safety, 
as they relate to the nuclear facility, material, or activity.
    8. Manage the law enforcement and intelligence aspects of the 
responded to a nuclear threat incident involving NRC-licensed 
facilities, materials, or activities.
    9. Establish and maintain contacts and coordinate the incident 
response with other Federal and local law enforcement agencies and 
military authorities, as appropriate.
    10. Ensure that all reasonable measures are provided to ensure 
the physical safety and security of all NRC personnel and equipment 
to be used in support of the incident.

[[Page 31198]]

    11. Promptly provide NRC with all information applicable to an 
assessment of a perpetrator's operational capability to carry out a 
threat.
    12. At the scene of a nuclear threat incident, provide the 
necessary support, as may be needed by NRC personnel, in carrying 
out assigned operations and actions to protect the public from 
radiological hazards.
    13. Request Department of Defense (DOD)/Civil Explosive Ordnance 
Disposal (EOD) resources, as appropriate.

B. The NRC

    NRC shall provide, to the extent compatible with its primary 
mission to protect the public's health and safety, as required by 
the Atomic Energy Act of 1954, as amended, the Energy Reorganization 
Act of 1974, and the Omnibus Diplomatic Security Act and Anti-
Terrorism Act of 1986, scientific and technical support to the FBI 
upon notification of the existence of a nuclear threat incident.
    It is therefore understood that NRC shall:
    1. Review and correlate intelligence information on possible 
criminal acts received from the FBI; evaluate potential adversary 
capabilities and trends as a basis for rulemaking, evaluations, and 
systems design.
    2. When informed of an FBI investigation involving an NRC-
licensed nuclear facility or activity, will promptly provide to the 
FBI investigating office a list of all positions considered critical 
to the safety and security of that facility or activity.
    3. Establish liaison with FBI Headquarters staff and field 
office personnel to ensure effective information exchange, threat 
evaluation, and contingency response planning.
    4. Support joint operational readiness planning between 
licensees and associated local law enforcement agencies for prompt 
law enforcement response assistance when needed at licensed 
facilities or activities.
    5. Notify the FBI of threats involving NRC-licensed nuclear 
facilities, materials, or activities; assist the FBI in evaluating 
the nuclear aspects and the credibility of such threats, as 
appropriate.
    6. Disseminate, with the approval of the FBI, to the affected 
licensees, alert and warning information received from the FBI about 
specific nuclear-related threats.
    In the event of a nuclear threat incident, NRC shall:
    7. Plan for and manage the public health and safety aspects of 
the response to a nuclear threat incident involving NRC-licensed 
facilities, materials, or activities.
    8. Provide NRC field liaison and technical assistance to the FBI 
at the scene of an incident.
    9. Evaluate the radiological hazards of the particular incident 
and provide technical assessment of any potential or actual impact 
upon the public health and safety.
    10. Ensure that all reasonable measures are provided for the 
health and safety of all FBI personnel and equipment involved in the 
support of the incident.
    11. Provide for the health and safety of the public from 
radiological hazards.

C. Joint

    The FBI and NRC shall:
    1. Coordinate all proposed press releases related to nuclear 
threat incidents involving NRC-licensed facilities, materials, or 
activities.
    2. Identify individuals assigned to fulfill the positions and 
responsibilities outlined in Section III of this agreement.
    3. Handle all threat incident information with adequate security 
and confidentiality commensurate with national security guidelines 
and the standards for the preservation of criminal evidence.
    4. Review and evaluate the events leading to and occurring 
during a nuclear threat incident for the purpose of improving upon 
future joint responses.
    5. Exercise and test nuclear threat incident management 
procedures, equipment, and personnel.

IV. Standard Procedures

A. Initial Notification

    1. Nuclear threat incidents involving NRC-licensed facilities, 
materials, or activities may be reported to either the FBI, NRC, or 
others. Upon receipt of a reported threat, the agency informed shall 
immediately notify the other concerned agencies about the situation 
and exact information known.
    2. The FBI and NRC will notify appropriate individuals and 
offices of any nuclear emergency in accordance with current 
procedures and agreements.

B. Points of Contact

    1. The FBI Special Agent in Charge of the responding FBI field 
office will take command of the field operations in a nuclear threat 
incident involving NRC-licensed facilities, materials, or 
activities. At the Headquarters level, a Special Agent may be 
designated to act as a liaison officer with the NRC Executive Team 
(ET).
    2. The NRC Headquarters ET will convene and during the initial 
stage of the response will direct NRC activities. The Director may 
transfer authority for managing the NRC emergency response to the 
Director of Site Operations.
    3. The FBI and NRC field representatives will coordinate and 
cooperate with each other in carrying out their respective 
responsibilities. The FBI and NRC representatives will report on the 
situation and make recommendations to their respective agencies 
regarding the need for additional assistance at the scene.
    4. The FBI and NRC will maintain points of contact with the 
other Federal agencies involved in responding to a nuclear threat 
incident involving NRC-licensed facilities, materials, or 
activities.

V. Threat Assessment

    1. NRC will provide scientific and technical advice for 
determining the credibility of specific nuclear threats and 
potential hazards associated with those threats.
    2. NRC will endeavor to verify, with the cooperation of the 
Department of Energy and/or the Department of Defense, whether any 
source material, special nuclear material, or radioactive by-
products, are missing or unaccounted for.

VI. Funding Responsibilities

    Interested parties will each fund for the cost incurred in 
providing the necessary assistance required to meet the 
responsibilities defined in this MOU.

VII. Terms of Agreement

    1. This Agreement will become effective immediately upon 
signature by all parties and shall continue in effect unless 
terminated by any party upon 120 days notice in writing to all other 
parties.
    2. Amendments or modifications to this Agreement may be made 
upon written notice by all parties to the Agreement.


For the Federal Bureau of Investigation.

    Dated: May 29, 1991.
William S. Sessions,
Director.
For the Nuclear Regulatory Commission.

    Dated: March 13, 1991.
Kenneth M. Carr,
Chairman.
[FR Doc. 00-12300 Filed 5-15-00; 8:45 am]
BILLING CODE 7590-01-M