Current through Register Vol. 47, No. 6, September 18, 2024
(1) Fingerprinting,
identification, and criminal history records checks required by Section 149 of
the Atomic Energy Act of 1954, as amended through July 16, 2014, 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 Nuclear Regulatory Commission or of the executive branch of the
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 the governor's 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
Section 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 the individual 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.
(2)
Fingerprinting, and the identification and criminal history records checks
required by Section 149 of the Atomic Energy Act of 1954, as amended through
July 16, 2014, 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 the
individual 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 (TWIC) 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
driver's license under 49 CFR Part 1572; and
f. Customs and Border Protection's Free and
Secure Trade (FAST) Program.
