ML25148A126
| ML25148A126 | |
| Person / Time | |
|---|---|
| Issue date: | 06/05/2025 |
| From: | Justin Vazquez NRC/NSIR/DPCP/AAFPB |
| To: | |
| Shared Package | |
| ML25148A089 | List: |
| References | |
| ML25148A089 | |
| Download: ML25148A126 (1) | |
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U.S. NRC Access Authorization & Access Control Program Updates Justin Vazquez, Chief Access Authorization, Fitness For Duty, & Policy Branch Office of Nuclear Security & Incident Response June 5, 2025 Presentation to the Nuclear Energy Institute Access Authorization and Fitness for Duty Workshop
Discussion Topics Slide 2 REAL ID Act requirements at nuclear power plants Foreign Nationals Access Authorization Requirements Regulatory Issue Summary 10 CFR Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors (Update)
REAL ID Act requirements for State-issued drivers licenses and ID cards Slide 3
REAL ID Act Requirements
Background
The REAL ID Act of 2005 sets Federal standards for the issuance of sources of identification, such as drivers licenses and ID cards.
Applies to the use of State-issued drivers licenses and identification cards (DL/IDs) and for official purposes.
Official purposes include:
Entering nuclear power plants (unescorted and escorted access)
Boarding Federally regulated commercial aircraft Accessing certain Federal facilities that require photo ID to enter Slide 4
REAL ID Act Requirements Applicability to NRC Requirements NRC access authorization (10 CFR 73.56) and physical security (10 CFR 73.55) regulations require the verification of identity prior to granting an individual access to a nuclear power plant.
Under the REAL ID Act, if a licensee relies on a State-issued DL/ID as part of the process for granting access, it must be REAL ID compliant
- REAL ID Act requirements only apply to State-issued DL/IDs.
- Alternative photo IDs are still acceptable (e.g., U.S. passport, military ID card, TWIC card, HSPD-12 PIV card)
Slide 5
REAL ID Act Requirements NRC Phased Enforcement Plan
- Card-based enforcement of the REAL ID requirements began nationwide on May 7, 2025.
- A DHS final rule issued by the Transportation Security Administration on January 14, 2025 (90 FR 3472) enables Federal agencies to use a phased enforcement plan to implement card-based enforcement of the REAL ID Act requirements.
- The NRC is implementing a phased enforcement plan and will not begin full card-based enforcement until May 5, 2027.
Slide 6
Four Phases under the NRCs plan:
Phase 1: Inform (March 2025 - April 2025)
The NRC will publish information and conduct outreach with its stakeholders.
Phase 2: Monitor & Prepare (May 2025 - June 2026)
Continued industry stakeholder engagement, preparation for NRC inspection
- Guidance in two NRC inspection procedures (IPs) will be updated to clarify how to review licensee procedures on identity verification using State-issued DL/IDs:
IP 71130.01, Access Authorization IP 71130.02, Access Controls Slide 7 REAL ID Act Requirements NRC Phased Enforcement Plan (cont.)
Phase 3: Inform (July 2026 - April 2027)
The NRC will conduct additional stakeholder engagement and will publish/update guidance as needed to address lessons-learned.
Full Enforcement (May 5, 2027)
The NRC will begin to conduct inspections to assess licensee compliance with the requirements.
Key Takeaway: During the phased enforcement period steps should be taken as needed to update procedures, conduct training, and communicate with personnel regarding the need to obtain and possess a compliant form of identification.
Slide 8 REAL ID Act Requirements NRC Phased Enforcement Plan (cont.)
REAL ID Act Requirements NRC Resources Information Notice 2025-02: Implementation of the REAL ID Act of 2005 and Considerations for the U.S. Nuclear Regulatory Commission Nuclear Power Plant Licensees (ML25043A220)
REAL ID Act - NRC Frequently Asked Questions (ML25043A223)
NRC Phased Enforcement Plan (ML25101A213)
NRC Public Meeting Presentation, The REAL ID Act: Implementation and Considerations for NRC Nuclear Power Plant Licensees, October 30, 2024 (ML24302A252) - includes visual aids NRC REAL ID Act website:
https://www.nrc.gov/security/real-id-act-requirements.html Slide 9
Foreign Nationals Access Authorization Regulatory Issue Summary Slide 10
Foreign Nationals Access RIS
Background
10 CFR 73.56(d)(3), Verification of true identity, requires licensees, applicants, contractors, and vendors to verify the true identity of individuals applying for unescorted access (UA) or unescorted access authorization (UAA).
o In the case of foreign nationals, this requires validation that the claimed non-immigration status that the individual has provided is correct.
Slide 11
Foreign Nationals Access RIS Background (cont.)
- Based on several events identified in 2017 and NRC staff review, the NRC issued Enforcement Guidance Memorandum (EGM) 20-001, Enforcement Discretion Not to Cite Certain Violations of 10 CFR 73.56 Requirements
- In 2020, the NRC also began the process to develop and issue a regulatory issue summary (RIS) to provide clarification.
o Three prior RIS drafts published (March 2020, June and December 2022).
o A fourth RIS draft (ML25083A260) and comment-resolution (ML24212A201) were published in April 2025.
Slide 12
Purpose of the RIS: Remind licensees of the true identity verification requirements of 10 CFR 73.56(d)(3) o For foreign nationals, verification includes validating that the claimed non-immigration status is correct, and confirming employment eligibility is an important component of this validation.
Slide 13 Foreign Nationals Access RIS Key Messages
As part of the validation process, steps must be taken to access reliable information independent from that provided by the foreign national.
When confirming employment eligibility, licensees need only confirm whether the non-immigrant foreign national is eligible to work in the U.S. (rather than the specific type of work that the non-immigrant foreign national is authorized to perform).
A licensee may accept, in part or whole, an access authorization program implemented by a contractor or vendor.
Options (such as escorting) are available to licensees in the case of exigent circumstances.
Foreign Nationals Access RIS Key Messages (cont.)
Slide 14
The NRC makes the U.S. Citizenship and Immigration Services (USCIS) Systematic Alien Verification for Entitlements (SAVE) electronic database available to licensees free of cost as one acceptable method for validating non-immigration status.
Although contractors and vendors do not have access to the SAVE database, they can perform the same verification using E-Verify.
o E-Verify is a web-based program administered by USCIS and the U.S. Social Security Administration.
Foreign Nationals Access RIS Key Messages (cont.)
Slide 15
The NRC staff is currently working towards issuing the Final RIS.
The NRC staff currently plans to renew EGM 20-001 to allow licensees to make changes to their programs/processes, if needed.
o The revised EGM will include updated language reflecting the employment eligibility verification clarification provided by the Final RIS.
Foreign Nationals Access RIS Next Steps Slide 16
Guidance in NRC Inspection Procedure 71130.01, Access Authorization will be updated o Revisions will provide inspectors guidance for reviewing the steps taken by licensees to verify the identities of non-immigrant foreign nationals.
Slide 17 Foreign Nationals Access RIS Next Steps (cont.)
Update on Proposed 10 CFR Part 53 Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors Slide 18
Proposed rule published on Oct. 31, 2024 (89 FR 86918)
- Includes set of Access Authorization requirements that would be available as an option for lower-risk facilities Public meetings held Nov. 19-21, 2024
- NRC presentations: ML24319A002 Public comment period closed Feb. 28, 2025 NRC Staff are currently evaluating public comments and developing a draft final rule
- NRC staff expects to submit the final rule package to the Commission by May 1, 2026 Slide 19 10 CFR Part 53 Regulatory Framework for Advanced Reactors
NRC/NSIR AA & FFD Team Office of Nuclear Security and Incident Response Division of Physical and Cyber Security, Access Authorization, Fitness for Duty, and Policy Branch Brian Zaleski, Specialist - Fitness for Duty / Access Authorization Brian.Zaleski@nrc.gov (301-287-0638)
Brad Baxter, Security Specialist - Access Authorization Brad.Baxter@nrc.gov (301-287-3615)
Kara Smith, Fitness for Duty Specialist Kara.Smith@nrc.gov (301-415-1684)
Slide 20
Slide 21 Questions?