DHS 157.9703(1)(b)(b) 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 also provide notice to the individual of the procedures for revising the record or adding explanations to the record.
DHS 157.9703(1)(c)(c) Fingerprinting is not required if a licensee is reinstating an individual’s unescorted access authorization to category 1 or category 2 quantities of radioactive materials and all the following apply:
DHS 157.9703(1)(c)1.1. The individual returns to the same facility that granted unescorted access authorization within 365 days of the termination of his or her unescorted access authorization.
DHS 157.9703(1)(c)2.2. The individual’s previous unescorted access authorization was terminated under favorable conditions.
DHS 157.9703(1)(d)(d) 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 quantities of radioactive material; access to safeguards information; or safeguards information-modified handling by another licensee based upon a background investigation conducted under this subchapter, fingerprint orders, or 10 CFR 73. An existing criminal history records check file may be transferred to a licensee asked to grant unescorted access under s. DHS 157.9705 (3).
DHS 157.9703(1)(e)(e) A licensee shall use the information obtained as part of a criminal history records check solely to determine 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.
DHS 157.9703(2)(2)Prohibitions.
DHS 157.9703(2)(a)(a) A licensee 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’s criminal history records indicating any of the following:
DHS 157.9703(2)(a)1.1. An arrest more than one year old for which there is no information of the disposition of the case.
DHS 157.9703(2)(a)2.2. An arrest that resulted in dismissal of the charge or an acquittal.
DHS 157.9703(2)(b)(b) A licensee may not use information received from a criminal history records check obtained under this subchapter 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.
DHS 157.9703(3)(3)Procedures for processing of fingerprint checks.
DHS 157.9703(3)(a)(a) To comply with this subchapter, a licensee shall submit all of the following to the NRC:
DHS 157.9703(3)(a)1.1. One completed, legible standard fingerprint card.
DHS 157.9703(3)(a)2.2. An 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.
DHS 157.9703 NoteNote: Materials shall be submitted to : U.S. Nuclear Regulatory Commission, Director, Division of Physical and Cyber Security Policy, ATTN: Criminal History Program/Mail Stop T-07D04M, 11545 Rockville Pike, Rockville, Maryland 20852. The standard fingerprint card, Form FD–258, ORIMDNRCOOOZ), 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.
DHS 157.9703(3)(b)(b) Fees for the processing of fingerprint checks are due upon application. The licensee 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.”
DHS 157.9703 NoteNote: For guidance on making electronic payments, contact the Division of Physical and Cyber Security Policy by emailing Crimhist.Resource@nrc.gov. Combined payment for multiple applications is acceptable. The nuclear regulatory commission publishes the amount of the fingerprint check application fee on the NRC’s public website. To find the current fee amount, visit https://www.nrc.gov/security/chp.html, and follow the link titled “How do I determine how much to pay for the request?”
DHS 157.9703(3)(c)(c) The nuclear regulatory commission will forward to the submitting licensee all data received from the FBI as a result of a licensee’s application for criminal history records checks.
DHS 157.9703 HistoryHistory: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.103 under s. 13.92 (4) (b) 1., Stats., and correction in (1) (a), (d) made under s. 13.92 (4) (b) 7., Stats., Register January 2018 No. 745; CR 22-015: r. and recr. (3) Register June 2023 No. 810, eff. 7-1-23.
DHS 157.9704DHS 157.9704Relief from fingerprinting, identification, and criminal history records checks and other elements of background investigation.
DHS 157.9704(1)(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 before granting unescorted access to category 1 or category 2 quantities of radioactive materials:
DHS 157.9704(1)(a)(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.
DHS 157.9704(1)(b)(b) A member of Congress.
DHS 157.9704(1)(c)(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.
DHS 157.9704(1)(d)(d) The Governor of a state or his or her designated state employee representative.
DHS 157.9704(1)(e)(e) Federal, state, or local law enforcement personnel.
DHS 157.9704(1)(f)(f) State radiation control program directors and state homeland security advisors or their designated state employee representatives.
DHS 157.9704(1)(g)(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.