Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 180 - CONTROL OF RADIATION
Chapter 24 - PHYSICAL PROTECTION OF RADIOACTIVE MATERIAL
Section 180-24-007 - REQUIREMENTS FOR CRIMINAL HISTORY RECORDS CHECKS OF INDIVIDUAL GRANTED UNESCORTED ACCESS TO CATEGORY 1 OR CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIALS

007.01(A) FINGERPRINTING. Except for those individuals listed in 180 NAC 24-008 and those individuals grandfathered under 180 NAC 24-006.02, each licensee subject to the provisions of this 180 NAC 24-004 through 24-010 must fingerprint each individual who is to be permitted unescorted access to category 1 or category 2 quantities of radioactive material. Licensees must transmit all collected fingerprints to the NRC for transmission to the FBI. The licensee must use the information received from the FBI as part of the required background investigation to determine whether to grant or deny further unescorted access to category 1 or category 2 quantities of radioactive materials for that individual.

007.01(B) NOTIFICATION. The licensee must notify each affected individual that their fingerprints will be used to secure a review of their criminal history record, and must inform the individual of the procedures for revising the record or adding explanations to the record.

007.01(C) REINSTATEMENT. Fingerprinting is not required if a licensee is reinstating an individual's unescorted access authorization to category 1 or category 2 quantities of radioactive materials if:

007.01(D) EXCEPTION. Fingerprints do not need to be taken if an individual who is an employee of a licensee, contractor, manufacturer, or supplier has been granted unescorted access to category 1 or category 2 quantities of radioactive material, access to safeguards information, or safeguards information-modified handling by another licensee, based upon a background investigation conducted under 180 NAC 24-004 through 24-010, the Fingerprint Orders, or 10 CFR 73. An existing criminal history records check file may be transferred to the licensee asked to grant unescorted access in accordance with the provisions of 180 NAC 24-009.03.

007.01(E) LIMITATION. Licensees must use the information obtained as part of a criminal history records check solely for the purpose of determining an individual's suitability for unescorted access authorization to category 1 or category 2 quantities of radioactive materials, access to safeguards information, or safeguards information-modified handling.

(A) Base a final determination to deny an individual unescorted access authorization to category 1 or category 2 quantities of radioactive material solely on the basis of information received from the FBI involving:

(B) Use information received from a criminal history records check obtained under 180 NAC 24-004 through 24-010 in a manner that would infringe upon the rights of any individual under the First Amendment to the Constitution of the United States, nor must licensees use the information in any way that would discriminate among individuals on the basis of race, religion, national origin, gender, or age.

007.03(A) SUBMISSION. For the purpose of complying with 180 NAC 24-004 through 24-010, licensees must use an appropriate method listed in 10 CFR 37.7 to submit to the U.S. 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 e-mailing MAILSVS.Resource@nrc.gov. Guidance on submitting electronic fingerprints can be found at http://www.nrc.gov/security/chp.html.

007.03(B) FEES. Fees for the processing of fingerprint checks are due upon application. Licensees must 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 emailing 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 and Firearms Background Check information page at http://www.nrc.gov/security/chp.html and see the link for 'How do I determine how much to pay for the request?'.

007.03(C) RESULTS. The NRC will forward to the submitting licensee all data received from the FBI as a result of the licensee's application or applications for criminal history records checks.