Current through Register Vol. 30, No. 38, September 20, 2024
A.
Initial investigation: Before allowing an individual unescorted access to
category 1 or category 2 quantities of radioactive material or to the devices
that contain the material, licensees shall complete a background investigation
of the individual seeking unescorted access authorization. The scope of the
investigation shall encompass at least the 7 years preceding the date of the
background investigation or since the individual's eighteenth birthday,
whichever is shorter. The background investigation shall include at a minimum:
1. Fingerprinting and an FBI identification
and criminal history records check in accordance with
R9-7-1927;
2. Verification of true identity. Licensees
shall verify the true identity of the individual who is applying for unescorted
access authorization to ensure that the applicant is who he or she claims to
be. A licensee shall review official identification documents (e.g., driver's
license; passport; government identification; certificate of birth issued by
the state, province, or country of birth) and compare the documents to personal
information data provided by the individual to identify any discrepancy in the
information. Licensees shall document the type, expiration, and identification
number of the identification document, or maintain a photocopy of identifying
documents on file in accordance with R9-7-1931. Licensees shall certify in
writing that the identification was properly reviewed, and shall maintain the
certification and all related documents for review upon inspection;
3. Employment history verification. Licensees
shall complete an employment history verification, including military history.
Licensees shall verify the individual's employment with each previous employer
for the most recent 7 years before the date of application;
4. Verification of education. Licensees shall
verify that the individual participated in the education process during the
claimed period;
5. Character and
reputation determination. Licensees shall complete reference checks to
determine the character and reputation of the individual who has applied for
unescorted access authorization. Unless other references are not available,
reference checks may not be conducted with any person who is known to be a
close member of the individual's family, including but not limited to the
individual's spouse, parents, siblings, or children, or any individual who
resides in the individual's permanent household. Reference checks under this
section shall be limited to whether the individual has been and continues to be
trustworthy and reliable;
6. The
licensee shall also, to the extent possible, obtain independent information to
corroborate that provided by the individual (e.g., seek references not supplied
by the individual); and
7. If a
previous employer, educational institution, or any other entity with which the
individual claims to have been engaged fails to provide information or
indicates an inability or unwillingness to provide information within a time
frame deemed appropriate by the licensee but at least after 10 business days of
the request or if the licensee is unable to reach the entity, the licensee
shall document the refusal, unwillingness, or inability in the record of
investigation; and attempt to obtain the information from an alternate
source.
B.
Grandfathering:
1. Individuals who have been
determined to be trustworthy and reliable for unescorted access to category 1
or category 2 quantities of radioactive material under the Fingerprint Orders
may continue to have unescorted access to category 1 and category 2 quantities
of radioactive material without further investigation. These individuals shall
be subject to the reinvestigation requirement.
2. Individuals who have been determined to be
trustworthy and reliable under the provisions of 10 CFR part 73 revised January
1, 2015, incorporated by reference, available under
R9-7-101, and containing no future
editions or amendments; or the security orders for access to safeguards
information, safeguards information-modified handling, or risk-significant
material may have unescorted access to category 1 and category 2 quantities of
radio active material without further investigation. The licensee shall
document that the individual was determined to be trustworthy and reliable
under the provisions of 10 CFR part 73 revised January 1, 2015, incorporated by
reference, available under
R9-7-101, and containing no future
editions or amendments; or a security order. Security order, in this context,
refers to any order that was issued by the NRC that required fingerprints and
an FBI criminal history records check for access to safeguards information,
safeguards information-modified handling, or risk significant material such as
special nuclear material or large quantities of uranium hexafluoride. These
individuals shall be subject to the reinvestigation requirement.
C. Re-investigations: 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
R9-7-1927. The re-investigations
shall be completed within 10 years of the date on which these elements were
last completed.