008.01
EXCEPTED INDIVIDUALS. 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:
(A) An employee of the NRC 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 his or her
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 engaged in activities associated with the U.S.
International Atomic Energy Agency 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
or employer that granted the Federal security clearance or reviewed the
criminal history records check must be provided to the licensee. The licensee
must 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 must 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.
008.02
COMPARABLE U.S.
GOVERNMENT CRIMINAL HISTORY RECORDS CHECK. 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 the individual makes available the appropriate
documentation. Written confirmation from the agency or employer that reviewed
the criminal history records check must be provided to the licensee. The
licensee must 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.
