| FD-258, ORIMDNRCOOOZ), electronic fingerprint scan or,
where practicable, other fingerprint record for each individual requiring
unescorted access to category 1 or category 2 quantities of radioactive
material. Copies of these forms may be obtained by emailing MAILSVS.Resource@nrc.gov. Guidance on submitting
electronic fingerprints can be found at https://www.nrc.gov/security/chp.html.
(ii) Fees for the processing of fingerprint checks
are due upon application. Licensees shall submit payment with the
application for the processing of fingerprints through corporate check,
certified check, cashier's check, money order, or electronic payment,
made payable to "U.S. NRC." (For guidance on making electronic payments,
contact the Division of Physical and Cyber Security Policy by emailing Crimhist.Resource@nrc.gov.) Combined payment
for multiple applications is acceptable. The NRC publishes the amount
of the fingerprint check application fee on the NRC's public website.
(To find the current fee amount, go to the Licensee Criminal History
Records Checks & Firearms Background Check information page at https://www.nrc.gov/security/chp.html and
see the link for How do I determine how much to pay for the request?).
(iii) The NRC will forward to the submitting licensee
all data received from the FBI as a result of the licensee's application(s)
for criminal history records checks.
(6) Relief from fingerprinting, identification, and
criminal history records checks and other elements of background investigations
for designated categories of individuals permitted unescorted access
to certain radioactive materials.
(A) Fingerprinting, and the identification and criminal
history records checks required by Section 149 of the Atomic Energy
Act of 1954, as amended, and other elements of the background investigation
are not required for the following individuals before granting unescorted
access to category 1 or category 2 quantities of radioactive materials:
(i) an employee of the NRC or of the Executive Branch
of the U.S. Government who has undergone fingerprinting for a prior
U.S. Government criminal history records check;
(ii) a member of Congress;
(iii) an employee of a member of Congress or Congressional
committee who has undergone fingerprinting for a prior U.S. Government
criminal history records check;
(iv) the governor of a state or his or her designated
state employee representative;
(v) federal, state, or local law enforcement personnel;
(vi) state radiation control program directors and
state homeland security advisors or their designated state employee
representatives;
(vii) agreement state employees conducting security
inspections on behalf of the NRC under an agreement executed as specified
in §274.1 of the Atomic Energy Act;
(viii) representatives of the International Atomic
Energy Agency (IAEA) engaged in activities associated with the U.S./IAEA
Safeguards Agreement who have been certified by the NRC;
(ix) emergency response personnel who are responding
to an emergency;
(x) commercial vehicle drivers for road shipments of
category 1 and category 2 quantities of radioactive material;
(xi) package handlers at transportation facilities
such as freight terminals and railroad yards;
(xii) any individual who has an active federal security
clearance, provided that he or she makes available the appropriate
documentation. Written confirmation from the agency/employer that
granted the federal security clearance or reviewed the criminal history
records check must be provided to the licensee. The licensee shall
maintain this documentation for inspection by the department in accordance
with subsection (mm) of this section; and
(xiii) any individual employed by a service provider
licensee for which the service provider licensee has conducted the
background investigation for the individual and approved the individual
for unescorted access to category 1 or category 2 quantities of radioactive
material. Written verification from the service provider must be provided
to the licensee. The licensee shall maintain and retain the documentation
for inspection by the department in accordance with subsection (mm)
of this section.
(B) Fingerprinting, and the identification and criminal
history records checks required by Section 149 of the Atomic Energy
Act of 1954, as amended, are not required for an individual who has
had a favorably adjudicated U.S. Government criminal history records
check within the last 5 years, under a comparable U.S. Government
program involving fingerprinting and an FBI identification and criminal
history records check provided that he or she makes available the
appropriate documentation. Written confirmation from the agency/employer
that reviewed the criminal history records check must be provided
to the licensee. The licensee shall maintain this documentation for
inspection by the department in accordance with subsection (mm) of
this section. These programs include:
(i) National Agency Check;
(ii) Transportation Worker Identification Credentials
(TWIC) under Title 49, CFR, Part 1572;
(iii) Bureau of Alcohol, Tobacco, Firearms, and Explosives
background check and clearances under Title 27, CFR, Part 555;
(iv) Health and Human Services security risk assessments
for possession and use of select agents and toxins under Title 42,
CFR, Part 73;
(v) Hazardous Material security threat assessment for
hazardous material endorsement to commercial driver's license under
Title 49, CFR, Part 1572; and
(vi) Customs and Border Protection's Free and Secure
Trade (FAST) Program.
(7) Protection of information.
(A) Each licensee who obtains background information
on an individual under paragraphs (2) - (6), this paragraph, or paragraph
(8) of this subsection shall establish and maintain a system of files
and written procedures for protection of the record and the personal
information from unauthorized disclosure.
(B) The licensee may not disclose the record or personal
information collected and maintained to persons other than the subject
individual, his or her representative, or to those who have a need
to have access to the information in performing assigned duties in
the process of granting or denying unescorted access to category 1
or category 2 quantities of radioactive material, safeguards information,
or safeguards information-modified handling. No individual authorized
to have access to the information may disseminate the information
to any other individual who does not have a need to know.
(C) The personal information obtained on an individual
from a background investigation may be provided to another licensee:
(i) upon the individual's written request to the licensee
holding the data to disseminate the information contained in his or
her file; and
(ii) the recipient licensee verifies information such
as name, date of birth, social security number, gender, and other
applicable physical characteristics.
(D) The licensee shall make background investigation
records obtained under paragraphs (2) - (6), this paragraph, and paragraph
(8) of this subsection available for examination by an authorized
representative of the department to determine compliance with the
regulations and laws.
(E) The licensee shall maintain all fingerprint and
criminal history records on an individual (including data indicating
no record) received from the FBI, or a copy of these records if the
individual's file has been transferred, for inspection by the department
in accordance with subsection (mm) of this section.
(8) Access authorization program review.
(A) Each licensee shall be responsible for the continuing
effectiveness of the access authorization program. Each licensee shall
ensure that access authorization programs are reviewed to confirm
compliance with the requirements of paragraphs (2) - (7) and this
paragraph of this subsection and that comprehensive actions are taken
to correct any noncompliance that is identified. The review program
shall evaluate all program performance objectives and requirements.
Each licensee shall review the access program content and implementation
at least every 12 months.
(B) The results of the reviews, along with any recommendations,
must be documented. Each review report must identify conditions that
are adverse to the proper performance of the access authorization
program, the cause of the condition(s), and, when appropriate, recommend
corrective actions, and corrective actions taken. The licensee shall
review the findings and take any additional corrective actions necessary
to preclude repetition of the condition, including reassessment of
the deficient areas where indicated.
(C) Review records must be maintained for inspection
by the department in accordance with subsection (mm) of this section.
(9) Security program.
(A) Applicability.
Cont'd... |
