ML20207T257

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Responds to 870120 J Davis Memo.Draft Public Announcement of Final Rule Slightly Revised.Encl 4 W/Draft Commission Paper Encl
ML20207T257
Person / Time
Issue date: 01/21/1987
From: Ingram F
NRC OFFICE OF PUBLIC AFFAIRS (OPA)
To: Kris Jamgochian
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML19310E127 List:
References
FRN-51FR40438, RULE-PR-73 AC27-2-57, NUDOCS 8703230358
Download: ML20207T257 (3)


Text

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. UNITED STATES NUCLEAR REGULATORY COMMISSION phQ

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- %, ...../ '. f January 21, 1987L MEMORANCUM FOR: Kris Jamgochian Safeguards Peactor & Transportation Licensing Branch, NMSS_

FROM: Frank Ingram Assistant to the Director Office of Public Affairs

SUBJECT:

FINAL RULE ON CRIMINAL HISTORY CHECVS This replies to John Davis' January 20 r.emorandum. I have slichtly revised the draft public anncuncement of the final rule, Enclosure 4 with the draft Commission paper, and a clean copy is attached. If ycu think charges are required, please let me know before the paper goes to the Commission.

Frank Ingram Assistant to the Director Office cf Public Affairs Actacnnent:

At stated 0703230308 870318 R PDR 51 R40430

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DRAFT NRC REQUIRES CRIMIrlAL HISTORY CHECK REQUIREMENTS FOR LICENSEES i

The Nuclear Regulatory Commission is amending its regulations to implement Public Law 99-399, "The Omnibus Diplomatic Sec,urity and Anti-Terrorism Act of 1986." The Act requires utility owners of nuclear power facilities, or applicants for licenses to operate nuclear power facilities, to obtain criminal history checks for all individuals who are to be granted unescorted access to nuclear power facilities or who have access to Safeguards Informa tion. The law requires that the NRC issue requirements to establish conditions for the use and control of the criminal history data received from the FBI.

Sagefguards Information is detailed information regarding licensee plans for the protection of special nuclear material and/or security measures for the physical protection and locations of plant equipment vital to safety.

The NRC is requiring applicants and licensees to fingerprint each individual requiring unescorted access to the nuclear power facility or who has access to Safeguards Information. The fingerprints then would be submitted, through the NRC, to the Attorney General of the United States for a criminal history check.

Licensees are required to use information obtained as part of a criminal history records check solely for the purpose of determining an individual's suitability for unescorted access to a nuclear power facility or access to Safeguards Information.

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DRAFT A final determination to deny an individual access cannot-be based solely upon: an arrest more than .one year old for which there is no information regarding the disposition of the case; or an arrest that resulted in dismissal of the charge or an acquittal.

Further, any denial, revocation, or suspension of unescorted access to a nuclear power facility or to Safeguards Information resulting from a criminal history check will have to be based solely on information showing that the individual has been arrested, or convicted of any felony or series of lesser offenses indicating criminal tendencies.

Licensees are also prohibited from using the information obtained as the result of a criminal history check for any purposes except those described and licensees, or any other person, are prohibited frcm engaging in any activities that would discriminate against individuals on the basis of race, religion, national origin, sex, or age.

The rule also establishes procedures for processing of fingerprints checks, for individuals to correct, complete, and explain information about their criminal history checks, and for protection of the information obtained as a result of the checks.

The amendments to Part 73 of the Commission's regulations are effective on ,