| (a) Specific exemption. A licensee that possesses radioactive
waste that contains category 1 or category 2 quantities of radioactive
material is exempt from the requirements of subsections (b) - (w)
of this section. However, any radioactive waste that contains discrete
sources, ion-exchange resins, or activated material that weighs less
than 2,000 kilograms (4,409 pounds) is not exempt from the requirements
of subsections (b) - (w) of this section. The licensee shall implement
the following requirements to secure the radioactive waste:
(1) use continuous physical barriers that allow access
to the radioactive waste only through established access control points;
(2) use a locked door or gate with monitored alarm
at the access control point;
(3) assess and respond to each actual or attempted
unauthorized access to determine whether an actual or attempted theft,
sabotage, or diversion occurred; and
(4) immediately notify the local law enforcement agency
(LLEA) and request an armed response from the LLEA upon determination
that there was an actual or attempted theft, sabotage, or diversion
of the radioactive waste that contains category 1 or category 2 quantities
of radioactive material.
(b) Personnel access authorization requirements for
category 1 or category 2 quantities of radioactive material.
(1) General.
(A) Each licensee that possesses an aggregated quantity
of radioactive material at or above the category 2 threshold shall
establish, implement, and maintain its access authorization program
in accordance with the requirements of this subsection and subsections
(c) - (h) of this section.
(B) An applicant for a new license and each licensee,
upon application for modification of its license, that would become
newly subject to the requirements of this subsection and subsections
(c) - (h) of this section, shall implement the requirements of this
subsection and subsections (c) - (h) of this section, as appropriate,
before taking possession of an aggregated category 1 or category 2
quantity of radioactive material.
(C) Any licensee that has not previously implemented
the Security Orders or been subject to the provisions of this subsection
and subsections (c) - (h) of this section shall implement the provisions
of this subsection and subsections (c) - (h) of this section before
aggregating radioactive material to a quantity that equals or exceeds
the category 2 threshold.
(2) General performance objective. The licensee's access
authorization program must ensure that the individuals specified in
paragraph (3)(A) of this subsection are trustworthy and reliable.
(3) Applicability.
(A) Licensees shall subject the following individuals
to an access authorization program:
(i) any individual whose assigned duties require unescorted
access to category 1 or category 2 quantities of radioactive material
or to any device that contains the radioactive material; and
(ii) reviewing officials.
(B) Licensees need not subject the categories of individuals
listed in subsection (f)(1) of this section to the investigation elements
of the access authorization program.
(C) Licensees shall approve for unescorted access to
category 1 or category 2 quantities of radioactive material only those
individuals with job duties that require unescorted access to category
1 or category 2 quantities of radioactive material.
(D) Licensees may include individuals needing access
to safeguards information-modified handling under 10 Code of Federal
Regulations (CFR) Part 73, in the access authorization program under
this subsection and subsections (c) - (h) of this section.
(c) Access authorization program requirements.
(1) Granting unescorted access authorization.
(A) Licensees shall implement the requirements of subsection
(b) of this section, this subsection, and subsections (d) - (h) of
this section for granting initial or reinstated unescorted access
authorization.
(B) Individuals determined to be trustworthy and reliable
shall also complete the security training required by subsection (j)(3)
of this section before being allowed unescorted access to category
1 or category 2 quantities of radioactive material.
(2) Reviewing officials.
(A) Reviewing officials are the only individuals who
may make trustworthiness and reliability determinations that allow
individuals to have unescorted access to category 1 or category 2
quantities of radioactive materials possessed by the licensee.
(B) Each licensee shall name one or more individuals
to be reviewing officials. After completing the background investigation
on the reviewing official, the licensee shall provide under oath or
affirmation, a certification that the reviewing official is deemed
trustworthy and reliable by the licensee. The licensee shall provide
a copy of the oath or affirmation certifications of any and all individuals
to the executive director once completed. The fingerprints of the
named reviewing official must be taken by a law enforcement agency,
Federal or State agencies that provide fingerprinting services to
the public, or commercial fingerprinting services authorized by a
State to take fingerprints. The licensee shall recertify that the
reviewing official is deemed trustworthy and reliable every 10 years
in accordance with subsection (d)(3) of this section.
(C) Reviewing officials must be permitted to have unescorted
access to category 1 or category 2 quantities of radioactive materials
or access to safeguards information or safeguards information-modified
handling, if the licensee possesses safeguards information or safeguards
information-modified handling.
(D) Reviewing officials cannot approve other individuals
to act as reviewing officials.
(E) A reviewing official does not need to undergo a
new background investigation before being named by the licensee as
the reviewing official if:
(i) the individual has undergone a background investigation
that included fingerprinting and a Federal Bureau of Investigations
(FBI) criminal history records check and has been determined to be
trustworthy and reliable by the licensee; or
(ii) the individual is subject to a category listed
in subsection (f)(1) of this section.
(3) Informed consent.
(A) Licensees may not initiate a background investigation
without the informed and signed consent of the subject individual.
This consent must include authorization to share personal information
with other individuals or organizations as necessary to complete the
background investigation. Before a final adverse determination, the
licensee shall provide the individual with an opportunity to correct
any inaccurate or incomplete information that is found during the
background investigation. Licensees do not need to obtain signed consent
from those individuals that meet the requirements of subsection (d)(2)
of this section. A signed consent must be obtained prior to any reinvestigation.
(B) The subject individual may withdraw his or her
consent at any time. Licensees shall inform the individual that:
(i) if an individual withdraws his or her consent,
the licensee may not initiate any elements of the background investigation
that were not in progress at the time the individual withdrew his
or her consent; and
(ii) the withdrawal of consent for the background investigation
is sufficient cause for denial or termination of unescorted access
authorization.
(4) Personal history disclosure. Any individual who
is applying for unescorted access authorization shall disclose the
personal history information that is required by the licensee's access
authorization program for the reviewing official to make a determination
of the individual's trustworthiness and reliability. Refusal to provide,
or the falsification of, any personal history information required
by subsection (b) of this section, this subsection, and subsections
(d) - (h) of this section is sufficient cause for denial or termination
of unescorted access.
(5) Determination basis.
(A) The reviewing official shall determine whether
to permit, deny, unfavorably terminate, maintain, or administratively
withdraw an individual's unescorted access authorization based on
an evaluation of all of the information collected to meet the requirements
of subsection (b) of this section, this subsection, and subsections
(d) - (h) of this section.
(B) The reviewing official may not permit any individual
to have unescorted access until the reviewing official has evaluated
all of the information collected to meet the requirements of subsection
(b) of this section, this subsection, and subsections (d) - (h) of
this section and determined that the individual is trustworthy and
reliable. The reviewing official may deny unescorted access to any
individual based on information obtained at any time during the background
investigation.
(C) The licensee shall document the basis for concluding
whether or not there is reasonable assurance that an individual is
trustworthy and reliable.
(D) The reviewing official may terminate or administratively
withdraw an individual's unescorted access authorization based on
information obtained after the background investigation has been completed
and the individual granted unescorted access authorization.
(E) Licensees shall maintain a list of persons currently
approved for unescorted access authorization. When a licensee determines
that a person no longer requires unescorted access or meets the access
authorization requirements, the licensee shall remove the person from
the approved list as soon as possible, but no later than seven working
days, and take prompt measures to ensure that the individual is unable
to have unescorted access to the material.
(6) Procedures. Licensees shall develop, implement,
and maintain written procedures for implementing the access authorization
program. The procedures must include provisions for the notification
of individuals who are denied unescorted access. The procedures must
include provisions for the review, at the request of the affected
individual, of a denial or termination of unescorted access authorization.
The procedures must contain a provision to ensure that the individual
is informed of the grounds for the denial or termination of unescorted
access authorization and allow the individual an opportunity to provide
additional relevant information.
(7) Right to correct and complete information.
(A) Prior to any final adverse determination, licensees
shall provide each individual subject to subsection (b) of this section,
this subsection, and subsections (d) - (h) of this section with the
right to complete, correct, and explain information obtained as a
result of the licensee's background investigation. Confirmation of
receipt by the individual of this notification must be maintained
by the licensee for a period of one year from the date of the notification.
(B) If, after reviewing his or her criminal history
record, an individual believes that it is incorrect or incomplete
in any respect and wishes to change, correct, update, or explain anything
in the record, the individual may initiate challenge procedures. These
procedures include direct application by the individual challenging
the record to the law enforcement agency that contributed the questioned
information or a direct challenge as to the accuracy or completeness
of any entry on the criminal history record to the Federal Bureau
of Investigation, Criminal Justice Information Services (CJIS) Division,
ATTN: SCU, Mod. D-2, 1000 Custer Hollow Road, Clarksburg, WV 26306,
as set forth in 28 CFR §§16.30 - 16.34. In the latter case,
the FBI will forward the challenge to the agency that submitted the
data, and will request that the agency verify or correct the challenged
entry. Upon receipt of an official communication directly from the
agency that contributed the original information, the FBI Identification
Division will make any changes necessary in accordance with the information
supplied by that agency. Licensees must provide at least 10 days for
an individual to initiate action to challenge the results of an FBI
criminal history records check after the record is made available
for his or her review. The licensee may make a final adverse determination
based upon the criminal history records only after receipt of the
FBI's confirmation or correction of the record.
(8) Records.
(A) The licensee shall retain documentation regarding
the trustworthiness and reliability of individual employees for three
years from the date the individual no longer requires unescorted access
to category 1 or category 2 quantities of radioactive material.
(B) The licensee shall retain a copy of the current
access authorization program procedures as a record for three years
after the procedure is no longer needed. If any portion of the procedure
is superseded, the licensee shall retain the superseded material for
three years after the record is superseded.
(C) The licensee shall retain the list of persons approved
for unescorted access authorization for three years after the list
is superseded or replaced.
(d) Background investigations.
Cont'd... |
