Iowa Admin. Code r. 641-37.27 - Requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material
(1)
General
performance objective and requirements.
a. Except for those individuals listed in
rule 641-37.29 (136C) and those
individuals grandfathered under 37.25(2), each licensee subject to the
provisions of these rules 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 Nuclear Regulatory Commission 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
materials for that individual.
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 inform the individual of the procedures for revising
the record or adding explanations to the record.
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 if:
(1) 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
(2) The previous access was terminated under
favorable conditions.
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 these
rules, the fingerprint orders, or 10 CFR Part 73. An existing criminal history
records check file may be transferred to the licensee asked to grant unescorted
access in accordance with the provisions of 37.31(3).
e. 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.
(2)
Prohibitions.
a. 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:
(1) An arrest more than one year old for
which there is no information of the disposition of the case; or
(2) An arrest that resulted in dismissal of
the charge or an acquittal.
b. Licensees may not use information received
from a criminal history records check obtained under these rules 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.
(3)
Procedures for processing of
fingerprint checks.
a. For the
purpose of complying with these rules, 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-8B20, Rockville, Maryland 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(5)nrc.gov. Guidance on submitting electronic fingerprints can
be found at www.nrc.gov/security/chp.html.
b. 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." (For guidance on making electronic payments, contact the
Division of Physical and Cyber Security Policy by emailing
Crimhist.Resource(5)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, go to the Licensee Criminal History Records Checks &
Firearms Background Check information page at
www.nrc.gov/security/chp.html and
see the link for "How do I determine how much to pay for the
request?")
c. The Nuclear
Regulatory Commission will forward to the submitting licensee all data received
from the FBI as a result of the licensee's application(s) for criminal history
records checks.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.