| (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
(2) Fingerprinting, and the identification and criminal
history records checks required by §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 five 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 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. These programs include, but are not limited to:
(A) National Agency Check;
(B) Transportation Worker Identification Credentials
under 49 CFR Part 1572;
(C) Bureau of Alcohol, Tobacco, Firearms, and Explosives
background check and clearances under 27 CFR Part 555;
(D) Health and Human Services security risk assessments
for possession and use of select agents and toxins under 42 CFR Part
73;
(E) Hazardous Material security threat assessment for
hazardous material endorsement to commercial drivers license under
49 CFR Part 1572; and
(F) Customs and Border Protection's Free and Secure
Trade Program.
(g) Protection of information.
(1) Each licensee who obtains background information
on an individual under subsections (b) - (f) of this section, this
subsection, and subsection (h) of this section shall establish and
maintain a system of files and written procedures for protection of
the records and the personal information from unauthorized disclosure.
(2) 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.
(3) The personal information obtained on an individual
from a background investigation may be provided to another licensee:
(A) upon the individual's written request to the licensee
holding the data to disseminate the information contained in his or
her file; and
(B) the recipient licensee verifies information such
as name, date of birth, social security number, gender, and other
applicable physical characteristics.
(4) The licensee shall make background investigation
records obtained under subsections (b) - (f) of this section, this
subsection, and subsection (h) of this section available for examination
by an authorized representative of the commission to determine compliance
with the regulations and laws.
(5) The licensee shall retain all fingerprint and criminal
history records (including data indicating no record) received from
the FBI or a copy of these records if the individual's file has been
transferred on an individual for three years from the date the individual
no longer requires unescorted access to category 1 or category 2 quantities
of radioactive material.
(h) Access authorization program review.
(1) 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 subsections (b) - (g) of this
section and this subsection and that comprehensive actions are taken
to correct any noncompliance identified. The review program shall
evaluate all program performance objectives and requirements. Each
licensee shall periodically (at least annually) review the access
authorization program content and implementation.
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