ML20207T022

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Lists Issues to Be Noted Re Requirement for Criminal History Checks,Per 860911 Conversation W/Mausshardt.Briefing Charts Prepared for CRGR Include Listed Issues & Cognizant Staff Invited to Assist in Briefing Scheduled for 860917
ML20207T022
Person / Time
Issue date: 09/12/1986
From: Burnett R
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Norry P
NRC OFFICE OF ADMINISTRATION (ADM)
Shared Package
ML19310E127 List:
References
FRN-51FR40438, RULE-PR-73 AC27-2-13, NUDOCS 8703230065
Download: ML20207T022 (1)


Text

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UNITED STATES P n NUCLEAR REGULATORY COMMISSION h  ; WASHINGTON, D. C. 20555 e

'% , , , , , #j 12 SEP 1E ME ORANDUM FOR: Patricia G. Norry, Director Office of Administration FPOM: Robert F. Burnett, Director Division of Safeguards, f4 MSS

SUBJECT:

REQUIREMENT FOR CRIMINAL HISTORY CHECKS In accordance with our conversation of September 11, 1986 with Mr. Mausshardt concerning the subject rule, please note the following:

(1) The concurrence sheet (Attached) shows your office is unable to concur at the present time due to an inability to assure that the FBI fonn 00258 is OMB approved.

(2) The funding issue being pursued by CGC is mentioned in my letter to the EDO to be signed after the CRGR approval. This was added after our conversation at your suggestien. (Updated copy attached).

(3) The briefing cuarts being prepared for the CRGR will ihclude both of the above issues and cognizant staff are being invited to assist e

in the briefing.

(4) The CRGR has scheduled the briefing at 1:00 p.m., September 17, 1986.

I will keep you advised of additional issues if they develop. The package is being moved along in parallel with resolution of these issues to marintain the required time schedule.

Sincerely,

~k e Robert F. Burnett, Director Division of Safeguards - -

Office of Nuclear Safety and Safeguards i cc:

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PROP.RUL FR CRIM HIST CKS SEP 11 gag MEMORANDUM FOR: James H. Snfezek,' Chairman Committee to Review Generic Requirements FROM: John G. Davis, Director -

Office of Nuclear Material Safety and Safeguards

SUBJECT:

REVIEW OF PROPOSED RULE, " REQUIREMENTS FOR CRIMINAL HISTORY CHECKS" This memorandum transmits the subject proposed rulemaking for Committee to Review Generic Requirements (CRGR) review. For your convenience an overview of the anticipated sequence of activities for processing of infonnation and of the impact and implications of implementing the rule is provided as Enclosure 1.

The rule package is provided as Enclosure 2.

The proposed rule requires implementation of procedures for the control and use of criminal history data received from the Federal Bureau of Investigation (FBI) as part of. Federally-mandated criminal history checks of individuals granted unescorted access to nuclear power p,lants or access to Safeguards Information by power reactor licensees. The Public Law, signed by the President on August 27, 1986, requires the NRC to issue this regulation in order.to:

o implement procedures for the taking of fingerprints, o establish conditions for the use of the criminal history data to include limits on redissemination and assurance that the information is used solely for its intended purpose, e o provide individuals subject to fingerprinting the right to complete and correct information contained in their criminal history records prior to any final adverse action.

Licensees cannot have access to the FBI criminal history data provided for by the Act until NRC has established regulations for the control and use of the data. The Act also stipulates that the NRC shall promulgate these regulations no later than six months after the date of the enactmant of this Act. - -

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PROP.RUL FR CRIM HIST CXS 2

i The Offices of Inspection and Enforcement, Nuclear Reactor Regulation, and Public Affairs have concurred in this rulemaking. The Office of the General Counsel has no legal objection.

I would appreciate scheduling of a CRGR meeting at an early date.

The NMSS contact is Kristina Z. Gamgochian, 42-74754.

(SGNED) Donald B. Neusshant h

/ John G. Davis, Director j Office of Nuclear Material Safety and Safeguards

Enclosures:

1. Overview
2. Proposed 10 CFR 73.57 Pkg.

cc: W. Schwink, DEDROGR staff w/15 copies NOTE: The Regulatory Analysis was coordinated with CAG.

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