Section 337.1040 Requirements for Criminal History Records Checks of Individuals Granted Unescorted Access to Category 1 or Category 2 Quantities of Radioactive Material

Section 337.1040  Requirements for Criminal History

Records Checks of Individuals Granted Unescorted Access to Category 1 or Category

2 Quantities of Radioactive Material

a)         General

Performance Objective and Requirements

1)         Except

for those individuals listed in Section 337.1050 and those individuals grandfathered

under Section 337.1030(d), each licensee subject to the provisions of this

Subpart shall fingerprint each individual who is to be permitted unescorted

access to category 1 or category 2 quantities of radioactive material.

Licensees shall transmit all collected fingerprints to the NRC for transmission

to the FBI.  The licensee shall 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 material for that individual.

2)         The

licensee shall notify each affected individual that the individual's

fingerprints will be used to secure a review of the individual's criminal

history record and shall inform him or her of the procedures for revising the

record or adding explanations to the record.

3)         Fingerprinting

is not required if:

A)        A

licensee is reinstating an individual's unescorted access authorization to

category 1 or category 2 quantities of radioactive material;

B)        The

individual returns to the same facility that granted unescorted access authorization

within 365 days after termination of the individual's unescorted access authorization;

and

C)        The

previous unescorted access authorization was terminated under favorable

conditions

ndividual's unescorted access authorization to

category 1 or category 2 quantities of radioactive material;

B)        The

individual returns to the same facility that granted unescorted access authorization

within 365 days after termination of the individual's unescorted access authorization;

and

C)        The

previous unescorted access authorization was terminated under favorable

conditions.

4)         Fingerprints

are not required 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 this Subpart, the Fingerprint Orders

or 10 CFR 73.  An existing criminal history records check file may be

transferred, in accordance with Section 337.1060(c), to the licensee asked to

grant unescorted access.

5)         Licensees

shall 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 material.

b)         Prohibitions

1)         Licensees

may not 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:

A)        An

arrest more than one year old in which there is no information of the

disposition of the case; or

B)        An

arrest that resulted in dismissal of the charge or an acquittal

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:

A)        An

arrest more than one year old in which there is no information of the

disposition of the case; or

B)        An

arrest that resulted in dismissal of the charge or an acquittal.

2)         Licensees

may not use information received from a criminal history records check obtained

under this Subpart in a manner that would infringe upon the rights of any

individual under the First Amendment to the Constitution of the United States

nor shall licensees use the information in any way that would discriminate

among individuals on the basis of race, religion, national origin, gender or

age.

c)         Procedures

for Processing of Fingerprint Checks

1)         For

the purpose of complying with this Subpart, licensees shall 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 MD

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 emailing MAILSVS.Resource@nrc.gov. Guidance on submitting

electronic fingerprints can be found at https://www.nrc.gov/security/chp.html.

2)         Fees

for the processing of fingerprint checks are due upon application.  Licensees

shall 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".  Combined payment for

multiple applications is acceptable

und at https://www.nrc.gov/security/chp.html.

2)         Fees

for the processing of fingerprint checks are due upon application.  Licensees

shall 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".  Combined payment for

multiple applications is acceptable.  The amount of the fingerprint check application

fee is available on NRC's website.  To find the current fee amount, go to the

Electronic Submittals page at http://www.nrc.gov/site-help/e-submittals.html

and see the link for the Criminal History Program under Electronic Submission

Systems.

AGENCY NOTE:  For guidance on

making electronic payments, contact the Security Branch, Division of Facilities

and Security at (301) 415-1491.

3)         NRC

will forward to the submitting licensee all data received from the FBI as a

result of the licensee's applications for criminal history records checks.