(A) Fingerprinting, and the identification
and criminal history records checks required by section 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:
(1) An employee of the U.S. 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;
(2) A Member of
Congress;
(3) An employee of a
member of Congress or Congressional committee who has undergone fingerprinting
for a prior U.S. Government criminal history records check;
(4) The Governor of a State or his or her
designated State employee representative;
(5) Federal, State, or local law enforcement
personnel;
(6) State Radiation
Control Program Directors and State Homeland Security Advisors or their
designated State employee representatives;
(7) Agreement State employees conducting
security inspections on behalf of the NRC under an agreement executed under
section 274.i. of the Atomic Energy Act;
(8) 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;
(9) Emergency response personnel who are
responding to an emergency;
(10)
Commercial vehicle drivers for road shipments of category 1 and category 2
quantities of radioactive material;
(11) Package handlers at transportation
facilities such as freight terminals and railroad yards;
(12) 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
(13) 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.
(B)
Fingerprinting, and the identification and criminal history records checks
required by section 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:
(1) National Agency
Check;
(2) Transportation Worker
Identification Credentials (TWIC) under 49 CFR part 1572;
(3) Bureau of Alcohol, Tobacco, Firearms, and
Explosives background check and clearances under 27 CFR part 555;
(4) Health and Human Services security risk
assessments for possession and use of select agents and toxins under 42 CFR
part 73;
(5) Hazardous Material
security threat assessment for hazardous material endorsement to commercial
driver's license under 49 CFR part 1572; and
(6) Customs and Border Protection's Free and
Secure Trade (FAST) Program.
