| (3) Reinvestigations. Licensees shall conduct a reinvestigation
every 10 years for any individual with unescorted access to category
1 or category 2 quantities of radioactive material. The reinvestigation
shall consist of fingerprinting and an FBI identification and criminal
history records check in accordance with subsection (e) of this section.
The reinvestigations must be completed within 10 years of the date
on which these elements were last completed.
(e) Requirements for criminal history records checks
of individuals granted unescorted access to category 1 or category
2 quantities of radioactive material.
(1) General performance objective and requirements.
(A) Except for those individuals listed in subsection
(f) of this section and those individuals grandfathered under subsection
(d)(2) of this section, each licensee subject to the provisions of
subsections (b) - (d) of this section, this subsection, and subsections
(f) - (h) of this section shall fingerprint each individual who is
to be permitted unescorted access to category 1 or category 2 quantities
of radioactive material. Licensees shall transmit all collected fingerprints
to the NRC for transmission to the FBI. The licensee shall use the
information received from the FBI as part of the required background
investigation to determine whether to grant or deny further unescorted
access to category 1 or category 2 quantities of radioactive materials
for that individual.
(B) The licensee shall notify each affected individual
that his or her fingerprints will be used to secure a review of his
or her criminal history record and shall inform him or her of the
procedures for revising the record or adding explanations to the record.
(C) Fingerprinting is not required if a licensee is
reinstating an individual's unescorted access authorization to category
1 or category 2 quantities of radioactive materials if:
(i) the individual returns to the same facility that
granted unescorted access authorization within 365 days of the termination
of his or her unescorted access authorization; and
(ii) the previous access was terminated under favorable
conditions.
(D) Fingerprints do not need to be taken if an individual
who is an employee of a licensee, contractor, manufacturer, or supplier
has been granted unescorted access to category 1 or category 2 quantities
of radioactive material, access to safeguards information, or safeguards
information-modified handling by another licensee, based upon a background
investigation conducted under this section, the Fingerprint Orders,
or 10 CFR Part 73. An existing criminal history records check file
may be transferred to the licensee asked to grant unescorted access
in accordance with the provisions of subsection (g)(3) of this section.
(E) Licensees shall use the information obtained as
part of a criminal history records check solely for the purpose of
determining an individual's suitability for unescorted access authorization
to category 1 or category 2 quantities of radioactive materials, access
to safeguards information, or safeguards information-modified handling.
(2) Prohibitions.
(A) Licensees may not base a final determination to
deny an individual unescorted access authorization to category 1 or
category 2 quantities of radioactive material solely on the basis
of information received from the FBI involving:
(i) an arrest more than one year old for which there
is no information of the disposition of the case; or
(ii) an arrest that resulted in dismissal of the charge
or an acquittal.
(B) Licensees may not use information received from
a criminal history records check obtained under subsections (b) -
(d) of this section, this subsection, and subsections (f) - (h) of
this section in a manner that would infringe upon the rights of any
individual under the First Amendment to the Constitution of the United
States nor shall licensees use the information in any way that would
discriminate among individuals on the basis of race, religion, national
origin, gender, or age.
(3) Procedures for processing of fingerprint checks.
(A) For the purpose of complying with subsections (b)
- (d) of this section, this subsection, and subsections (f) - (h)
of this section, licensees shall use an appropriate method listed
in 10 CFR §37.7 to submit to the United States Nuclear Regulatory
Commission, Director, Division of Physical and Cyber Security Policy,
11545 Rockville Pike, ATTN: Criminal History Program/Mail Stop T-07D04M,
Rockville, Maryland 20852, one completed, legible standard fingerprint
card (Form 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.
(B) 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 e-mailing 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?).
(C) 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.
(f) 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.
(1) Fingerprinting, and the identification and criminal
history records checks required by §149 of the Atomic Energy
Act of 1954, as amended, and other elements of the background investigation,
are not required for the following individuals prior to granting unescorted
access to category 1 or category 2 quantities of radioactive materials:
(A) an employee of the NRC or of the Executive Branch
of the United States (U.S.) Government who has undergone fingerprinting
for a prior U.S. Government criminal history records check;
(B) a Member of Congress;
(C) an employee of a member of Congress or Congressional
committee who has undergone fingerprinting for a prior U.S. Government
criminal history records check;
(D) the Governor of a State or his or her designated
State employee representative;
(E) Federal, State, or local law enforcement personnel;
(F) State Radiation Control Program Directors and State
Homeland Security Advisors or their designated State employee representatives;
(G) Agreement State employees conducting security inspections
on behalf of the NRC under an agreement executed under §274.i.
of the Atomic Energy Act;
(H) 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;
(I) emergency response personnel who are responding
to an emergency;
(J) commercial vehicle drivers for road shipments of
category 1 and category 2 quantities of radioactive material;
(K) package handlers at transportation facilities such
as freight terminals and railroad yards;
(L) 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
retain this documentation for a period of three years from the date
the individual no longer requires unescorted access to category 1
or category 2 quantities of radioactive material; and
(M) 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 retain the documentation for a period
of three years from the date the individual no longer requires unescorted
access to category 1 or category 2 quantities of radioactive material;
and
Cont'd... |
