Information Notice 1998-05, Criminal History Record Information

Criminal History Record Information
	ML031050288
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant, Crane
Issue date:	02/11/1998
From:	Roe J; Office of Nuclear Reactor Regulation
To:	;
References
	IN-98-005, NUDOCS 9802100026
	Download: ML031050288 (7)
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UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, DC 20555-0001

February 11, 1998

NRC INFORMATION NOTICE 98-05: CRIMINAL HISTORY RECORD INFORMATION

Addressees

All holders of operating licenses for power reactors.

Purpose

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information notice to alert

addressees to a recent clarification of the legal constraints associated with Criminal History

Record Information (CHRI) from the Federal Bureau of Investigation (FBI). Specifically, the FBI

has reiterated its position that CHRI provided by the FBI to the NRC and its licensees may not

be released to third parties, such as contractors. The information provided herein is not an

NRC requirement and, therefore, no written response is required from addressees. It is

expected that addressees will review this information for applicability to their facilities and

consider actions, as appropriate, to avoid unauthorized use and/or dissemination of CHRI.

Background

Each licensee authorized to operate a nuclear power reactor under 10 CFR Part 50 is required

by 10 CFR 73.57 to submit fingerprint cards for those individuals to whom the licensee intends

to grant access to Safeguards Information and/or unescorted access to the protected area of

the nuclear power facility. In accordance with 10 CFR 73.57(b)(6), these fingerprint cards are

submitted to the NRC for initial review and subsequent submission to the Attorney General of

the United States. The FBI uses the fingerprint cards to conduct a criminal history check and to

develop the CHRI report. The FBI CHRI report is sent to the NRC for subsequent forwarding to

the licensee. The licensee reviews the data provided by the FBI and considers the data in

making a decision on granting access to Safeguards Information and/or unescorted access to

the plant's protected area.

The statutory authority governing collection and release of FBI CHRI is Title 28, United States

Code (U.S.C.), Section 534, which states, in part, that "The Attorney General shall. . (4)

exchange such records and information with, and for the official use of, authorized officials of

the Federal Government, the States, cities, and penal and other institutions." The authority

granted to the Attorney General under Section 534 has been delegated to the Director of the

FBI. Access to FBI CHRI is also regulated by Title 28, Code of Federal Regulations (CFR),

Section 20.33(a)(2), which allows the dissemination of FBI CHRI to "Federal agencies

authorized to receive it pursuant to Federal statute or Executive order." In this context, the

statutory authority pertinent to the NRC (the "Commission") is in Section 149 of the Atomic

Energy Act, which is codified at 42 U.S.C. 2169.

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Description of Circumstances

Legal constraints on the use of FBI CHRI were clarified in a letter dated October 24, 1997, from

the Department of Justice (DOJ) Criminal Justice Information Services Division to the NRC. In

this letter, the DOJ noted that 42 U.S.C. 2169 says that "Notwithstanding any other provision of

law, the Attorney General may provide all the results of the search to the Commission, and, in

accordance with regulations prescribed under this section, the Commission may provide such

results to the licensee or applicant submitting such fingerprints" (emphasis added by the DOJ).

Referring to 42 U.S.C. 2169, the DOJ letter said, "in analyzing this statute, we do not see any

language that would authorize dissemination of FBI CHRI data to a third party private contractor

working directly for the NRC or for the licensee and that "an independent contractor is not

rendered an agent simply because he is compensated by the principal for his services." The

letter continued, 1In any event, nothing in Section 534(b) authorizes the release of CHRI to

agents of authorized users" and that "we must conclude that the use of private contractors by

the NRC and its licensees to receive and process FBI CHRI is prohibited by Section 534 and 42 U.S.C. 2169."

Discussion

The DOJ clarification of the legal constraints associated with FBI CHRI means that only

licensee employees will be authorized to have access to FBI CHRI. Licensees that employ

contractors to receive FBI CHRI or that divulge the FBI CHRI to contractors whose employees

have been processed for access to Safeguards Information or to protected areas of nuclear

power facilities may risk violation of 28 U.S.C. 534 and 42 U.S.C. 2169.

If you have any questions about the information in this notice,'please contact the technical

contact listed below or the cognizant Office of Nuclear Reactor Regulation (NRR) project

manager.

4a'ck W. Roe, Acting Director

'ision of Reactor Program Management

Office of Nuclear Reactor Regulation

Technical contact: Charles H. Hendren, NRR

301-415-3209 E-mail: chh~nrc.gov

Attachment:

List of Recently Issued NRC Infor

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Attachment

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IN 98-05

February 11. 1998

Page 1 of I

LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

Information

Date of

Notice No.

Subject

Issuance

Issued to

98-04

98-03

98-02

98-01

97-91

97-90

97-89

1997 Enforcement Sanctions for

deliberate Violations of NRC

Employee Protection requirements

Inadequate Verification of

Overcurrent Trip Setpoints in

Metal-Clad, Low-Voltage

Circuit Breakers

Nuclear Power Plant Cold

Weather Problems and

Protective Measures

Thefts of Portable Gauges

Recent Failures of Control

Cables Used on Amersham

Model 660 Posilock Radiography

Systems

Use of Nonconservative

Acceptance Criteria in

Safety-Related Pump

Surveillance Tests

Distribution of Sources and

Devices Without Authorization

Experiences During Recent

Steam Generator Inspections

2/9/98

1/21198

1/21/98

1/15/98

12/31/97

12/30/97

12/29/97

12/16/97

All U.S. Nuclear Regulatory

Commission licensees

All holders of operating licenses

for nuclear power reactors

All holders of operating licenses

for nuclear power reactors

All portable gauge licensees

All industrial radiography

licensees

All holders of OLs for nuclear

power reactors except those

who have ceased operations

and have certified that fuel has

been permanently removed from

the vessel

All sealed source and device

manufacturers and distributors

All holders of OLs for pressurized- water reactors except those who

have permanently ceased

operations and have certified that

fuel has been permanently

removed from the reactor

97-88 OL = Operating License

CP = Construction Permit

IN 98-05 February 11, 1998

Description of Circumstances

Legal constraints on the use of FBI CHRI were clarified in a letter dated October 24, 1997, from

the Department of Justice (DOJ) Criminal Justice Information Services Division to the NRC. In

this letter, the DOJ noted that 42 U.S.C. 2169 says that "Notwithstanding any other provision of

law, the Attomey General may provide all the results of the search to the Commission, and, in

accordance with regulations prescribed under this section, the Commission may provide such

results to the licensee or applicant submitting such fingerprints" (emphasis added by the DOJ).

Referring to 42 U.S.C. 2169, the DOJ letter said, min analyzing this statute, we do not see any

language that would authorize dissemination of FBI CHRI data to a third party private contractor

working directly for the NRC or for the licensee and that 'an independent contractor is not

rendered an agent simply because he is compensated by the principal for his services.' The

letter continued, min any event, nothing in Section 534(b) authorizes the release of CHRI to

agents of authorized users' and that *we must conclude that the use of private contractors by

the NRC and its licensees to receive and process FBI CHRI is prohibited by Section 534 and 42 U.S.C. 2169.'

Discussion

The DOJ clarification of the legal constraints associated with FBI CHRI means that only

licensee employees will be authorized to have access to FBI CHRI. Licensees that employ

contractors to receive FBI CHRI or that divulge the FBI CHRI to contractors whose employees

have been processed for access to Safeguards Information or to protected areas of nuclear

power facilities may risk violation of 28 U.S.C. 534 and 42 U.S.C. 2169.

If you have any questions about the information in this notice, please contact the technical

contact listed below or the cognizant Office of Nuclear Reactor Regulation (NRR) project

manager.

tOriginal signed byl

Jack W. Roe, Acting Director

Division of Reactor Program Management

Office of Nuclear Reactor Regulation

Technical contact: Charles H. Hendren, NRR

301-415-3209 E-mail: chhenrc.gov

Attachment:

List of Recently Issued NRC Information Notices

DOCUMENT NAME: 98-05.IN

To receive a copy of this document, indicate In the box: "C" = Copy without attachment/enclosure 'E' = Copy with

attachment/enclosure "N' = No copy

A'= See Previous Concurrence.

OFFICE:

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NAME:

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DATE:

02/ 02 198

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02 /98

02 / 02 /98 OFFICE:

AD:DFS

PECB:DRPM

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PM:NRR

NAME:

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RBenedict *

RDennig *

SRichards *

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DATE:

02/04/98

02 /02/98

02 /03/98

02/03/ 98RLD for

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