Current through Register Vol. 24-18, September 15, 2024
(1) Fingerprinting,
and the identification and criminal history records checks required by WAC
246-237-025, 246-237-027 and 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 their
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./Inter-national 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 they make available the
appropriate documentation. Written confirmation from the agency/employer which
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 WAC 246-237-025, 246-237-027
and 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 they make available the
appropriate documentation. Written confirmation from the agency or employer who
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 C.F.R. Part 1572 ;
(c) Bureau of Alcohol, Tobacco, Firearms, and
Explosives background check and clearances under 27 C.F.R. Part 555 ;
(d) Health and Human Services security risk
assessments for possession and use of select agents and toxins under 42 C.F.R.
Part 73 ;
(e) Hazardous Material
security threat assessment for hazardous material endorsement to commercial
driver's license under 49 C.F.R. Part 1572 ; and
(f) U.S. Customs and Border Protection's Free
and Secure Trade (FAST) program.
