Background Investigations and Access Control Program: Requirements for Criminal History Records Checks of Individuals Granted Unescorted Access
(1)General Performance Objective and Requirements. Except for those individuals listed in OAR 333-125-0085 (Background Investigations and Access Control Program: Relief from Fingerprinting, Identification, and Criminal History Record Checks and Other Elements of Background Investigations for Designated Categories of Individuals Permitted Unescorted Access to Certain Radioactive Materials) and those individuals grandfathered under OAR 333-125-0065 (Background Investigations and Access Control Program: Grandfathering), each licensee subject to the provision of this division shall fingerprint each individual who is to be permitted unescorted access to category 1 and category 2 quantities of radioactive material.
(2)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 unescorted access to category 1 or category 2 quantities of radioactive material for that individual.
(3)The licensee shall notify each affected individual that their fingerprints will be used to secure a review of their criminal history record, and shall inform the individual of the procedures for revising the record or adding explanations to the record.
(4)Fingerprinting is not required if a licensee is reinstating an individual’s unescorted access if:
(a)The individual returns to the same facility that granted unescorted access authorization within 365 days of the termination of the individual’s unescorted access authorization; and
(b)The previous access was terminated under favorable conditions.
(5)Fingerprints do not need to be taken 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 radioactive material, access to safeguards information, or safeguards information-modified handling by another licensee, based upon a background investigation conducted under OAR 333-125-0020 (Background Investigations and Access Control Program: Personnel Access Authorization Requirements for Category 1 and 2 Quantities) through 333-125-0095 (Background Investigations and Access Control Program: Access Authorization Program Review) or the Nuclear Regulatory Commission’s Fingerprint Orders or 10 CFR Part 73. An existing criminal history check file may be transferred to another licensee who is conducting a criminal history check for an individual requesting unescorted access in accordance with OAR 333-125-0090 (Background Investigations and Access Control Program: Protection of Information)(3).
(6)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 materials, access to safeguards information, or safeguards information-modified handling.
(7)Prohibitions: Licensees may not base a final determination to deny an individual unescorted access authorization to category 1 or category 2 quantities of radioactive materials solely on the basis of information received from the FBI involving:
(a)An arrest more than one year old for 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.
(8)Licensees may not use information received from a criminal history records check obtained under this division in a manner that can infringe upon the rights of any individual under the First Amendment of the Constitution of the United States, nor shall licensees use the information in any way that can discriminate among individuals on the basis of race, religion, national origin, gender, or age.
Rule 333-125-0075 — Background Investigations and Access Control Program: Requirements for Criminal History Records Checks of Individuals Granted Unescorted Access,