Current through Register No. 40, October 3, 2024
(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
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 New Hampshire 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) Employees of the state of New Hampshire
or an agreement state 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 shall be provided to the licensee. The licensee shall retain this
documentation for a period of 3 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 shall be provided to the licensee. The licensee shall retain the
documentation for a period of 3 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 5 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 shall be provided to the licensee. The licensee shall retain this
documentation for a period of 3 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.
