Section 337.1050 Relief from Fingerprinting, Identification, Criminal History Records Checks and Other Elements of Background Investigations for Designated Categories of Individuals Permitted Unescorted Access to Certain Radioactive Material

Section 337.1050  Relief from Fingerprinting,

Identification, Criminal History Records Checks and Other Elements of

Background Investigations for Designated Categories of Individuals Permitted

Unescorted Access to Certain Radioactive Material

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 material:

1)         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;

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 Illinois or his or her designated State employee representative;

5)         Federal,

State of Illinois or local law enforcement personnel;

6)         The

IEMA Director and State Homeland Security Advisor or their designated State

employee representatives;

7)         IEMA

employees conducting security inspections on behalf of the NRC under an

agreement executed under section 274.i of the Atomic Energy Act of 1954;

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

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 authorization to category 1 or category

2 quantities of radioactive material; and

13)         Any

individual employed by a service provider licensee that 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 authorization 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

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 1572;

3)         Bureau

of Alcohol, Tobacco, Firearms and Explosives background check and clearances

under 27 CFR 555;

4)         Health

and Human Services security risk assessments for possession and use of select

agents and toxins under 42 CFR 73;

5)         Hazardous

material security threat assessment for hazardous material endorsement to

commercial driver's license under 49 CFR 1572; and

6)         Customs

and Border Protection's Free and Secure Trade (FAST) Program.