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

(1)

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:

(a)

An employee of the 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;

(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 his or her 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 (IAEA) engaged in activities associated with the U.S. and IAEA 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 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 he or she makes available the appropriate documentation. Written confirmation from the agency or employer that 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 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 he or she makes available the appropriate documentation. Written confirmation from the agency or employer that 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 CFR Part 1572;

(c)

Bureau of Alcohol, Tobacco, Firearms, and Explosives background check and clearances under 27 CFR Part 555;

(d)

Health and Human Services security risk assessments for possession and use of select agents and toxins under 42 CFR Part 73;

(e)

Hazardous Material security threat assessment for hazardous material endorsement to commercial driver’s license under 49 CFR Part 1572; and

(f)

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

Source: Rule 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, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=333-125-0085.

333‑125‑0001
Nationally Tracked Sources 333‑125‑0005
Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material: Purpose and Scope 333‑125‑0010
Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material: Definitions 333‑125‑0015
Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material: Specific Exemptions 333‑125‑0020
Background Investigations and Access Control Program: Personnel Access Authorization Requirements for Category 1 and 2 Quantities 333‑125‑0025
Background Investigations and Access Control Program: Access Authorization Program Requirements 333‑125‑0030
Background Investigations and Access Control Program: Informed Consent 333‑125‑0035
Background Investigations and Access Control Program: Personal History Disclosure 333‑125‑0040
Background Investigations and Access Control Program: Background Investigations and Access Control Program: Determination Basis 333‑125‑0045
Background Investigations and Access Control Program: Access Authorization Program Procedures 333‑125‑0050
Background Investigations and Access Control Program: Right to Correct and Complete Information 333‑125‑0055
Background Investigations and Access Control Program: Records 333‑125‑0060
Background Investigations and Access Control Program: Initial Investigation 333‑125‑0065
Background Investigations and Access Control Program: Grandfathering 333‑125‑0070
Background Investigations and Access Control Program: Reinvestigation 333‑125‑0075
Background Investigations and Access Control Program: Requirements for Criminal History Records Checks of Individuals Granted Unescorted Access 333‑125‑0080
Background Investigations and Access Control Program: Procedures for Processing of Fingerprint Checks 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 333‑125‑0090
Background Investigations and Access Control Program: Protection of Information 333‑125‑0095
Background Investigations and Access Control Program: Access Authorization Program Review 333‑125‑0100
Physical Protection Requirements During Use: Security Program 333‑125‑0105
Physical Protection Requirements During Use: General Security Program Requirements 333‑125‑0110
Physical Protection Requirements During Use: Security Program Implementation Plan 333‑125‑0115
Physical Protection Requirements During Use: Security Program Training 333‑125‑0120
Physical Protection Requirements During Use: Security Program, Protection of Information 333‑125‑0125
Physical Protection Requirements During Use: Local Law Enforcement Agency Coordination (LLEA) 333‑125‑0130
Physical Protection Requirements During Use: Security Zones 333‑125‑0135
Physical Protection Requirements During Use: Monitoring, Detection, and Assessment 333‑125‑0140
Physical Protection Requirements During Use: Maintenance and Testing 333‑125‑0145
Physical Protection Requirements During Use: Requirements for Mobile Devices 333‑125‑0150
Physical Protection Requirements During Use: Security Program Review 333‑125‑0155
Physical Protection Requirements During Use: Reporting of Events 333‑125‑0165
Physical Protection in Transit: Additional Requirements for Transfer of Category 1 and Category 2 Quantities of Radioactive Material 333‑125‑0170
Physical Protection in Transit: Applicability of Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material During Transit 333‑125‑0175
Physical Protection in Transit: Preplanning and Coordination of Shipment of Category 1 or Category 2 Quantities of Radioactive Material 333‑125‑0180
Physical Protection in Transit: Advance Notification of Shipment of Category 1 Quantities of Radioactive Material 333‑125‑0185
Physical Protection in Transit: Requirements for Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material During Shipment 333‑125‑0190
Physical Protection in Transit: Reporting of Events 333‑125‑0195
Physical Protection in Transit: Form of Records 333‑125‑0200
Physical Protection in Transit: Record Retention
Last Updated

Jun. 8, 2021

Rule 333-125-0085’s source at or​.us