RIS 2002-13, Confirmation of Employment Eligibility
| ML021720225 | |
| Person / Time | |
|---|---|
| Issue date: | 08/27/2002 |
| From: | Beckner W NRC/NRR/DRIP/RORP |
| To: | |
| Burrell M, NSIR/DNS, 415-1262 | |
| References | |
| TAC M6134 RIS-02-013 | |
| Download: ML021720225 (5) | |
SENSITIVE - NOT FOR PUBLIC DISCLOSURE
SENSITIVE - NOT FOR PUBLIC DISCLOSURE
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
WASHINGTON, D.C. 20555-0001 August 27, 2002 NRC REGULATORY ISSUE SUMMARY 2002-13 CONFIRMATION OF EMPLOYMENT ELIGIBILITY
ADDRESSEES
All holders of operating licenses for nuclear power reactors.
INTENT
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)
to provide guidance to addressees on the confirmation of employment eligibility when performing background investigations for granting personnel unescorted access authorization.
BACKGROUND
Section 73.56 of Title 10 of the Code of Federal Regulations (10 CFR 73.56) addresses personnel access authorization requirements for nuclear power plants. Paragraph 73.56(b)
states that a licensee shall establish and maintain an access authorization program... with the objective of providing high assurance that individuals granted unescorted access are trustworthy and reliable, and do not constitute an unreasonable risk to the health and safety of the public including a potential to commit radiological sabotage. To meet this objective, paragraph 73.56(b)(2)(i) states, in part, that an unescorted access authorization program must include a background investigation, and that the background investigation must verify an individuals true identity. Nevertheless, the NRC was recently made aware of a situation where a person had been granted unescorted access to protected and vital areas of a reactor facility through the use of a fraudulent social security number and an alien registration card. As a result of this lapse in security and given the current threat environment that exists in the United States, it is crucial that licensees exercise greater diligence in implementing their access authorization programs.
The guidance contained in this RIS supersedes all previous guidance the NRC may have communicated to the nuclear industry on verifying the true identity of a current or prospective employee in confirming their employment eligibility and granting unescorted access to protected and vital areas of a nuclear power plant.
SUMMARY OF ISSUE
The NRC has consulted with representatives of the Immigration and Naturalization Service (INS) with a view towards understanding existing immigration law and INS requirements insofar as they apply to persons seeking employment at nuclear power reactor facilities. After several ML021720225
SENSITIVE - NOT FOR PUBLIC DISCLOSURE
SENSITIVE - NOT FOR PUBLIC DISCLOSURE interactions between the NRC and INS, the NRC concluded it would be appropriate to remind power reactor licensees that the verification of an individuals identity is just one (required)
component of a facilitys access authorization program. To help meet this requirement, licensees should diligently apply INS instructions.
Identity validation of current employees:
According to the INS, employers are expected to ensure that each employee hired since 1986 has completed INS Form I-9, Employment Eligibility Verification, and is eligible for employment. This is done by reviewing the I-9 form to ensure that the appropriate data, as prescribed in INS instructions, was applied in making the eligibility decision. As a general matter, this validation activity should not involve asking the INS to verify the eligibility decision.
Employers are further expected to ensure that their employment practices are in compliance with I-9 procedures issued by the INS; in particular, that each new employee since 1986 has shown the employer documents that reasonably appear on their face to establish the employment eligibility of the new employee. These actions are subject to oversight by INS.
The identity validation of an employee for the employment eligibility review may also include, at the discretion of the licensee, applicable sections of NRC Regulatory Guide (RG) 5.66, Access Authorization Program for Nuclear Power Plants, dated June 1991, for the verification of the true identity of an employee granted unescorted access. It is further noted that the verification review under RG 5.66 applies to both employees and contractors.
Licensees are not required to respond to the NRC at the conclusion of any review conducted from the above efforts. However, consistent with previous NRC requests to licensees to report suspicious actions and other security concerns, namely, the NRC security and threat advisories issued following the September 11, 2001 terrorist attacks on New York City and Washington, D.C., licensees are advised to inform one of the contacts listed below of any condition requiring action related to the suspension or loss of unescorted access as a consequence of the review conducted.
Identity validation of prospective employees:
The NRC is pursuing an agreement with INS to include each power reactor licensee in the INS
Systematic Alien Verification for Entitlements (SAVE) program. If an agreement can be reached, this program will give licensees and licensee contractors the opportunity to electronically confirm authorized for employment status with INS on all newly hired employees.
Additional information regarding implementation of the SAVE program will be provided in a subsequent generic communication, as appropriate.
In addition, INS is conducting a comprehensive review of critical infrastructure employers to ensure they are complying with employment eligibility verification requirements. The INS
objective is to ensure public confidence in the safety and security of our national infrastructure industries and ensure that aliens not authorized to work in the United States are not able to obtain employment, especially in sensitive environments.
SENSITIVE - NOT FOR PUBLIC DISCLOSURE
SENSITIVE - NOT FOR PUBLIC DISCLOSURE
BACKFIT DISCUSSION
This RIS requires no action or written response and is, therefore, not a backfit under 10 CFR 50.109. Consequently, the NRC staff did not perform a backfit analysis.
FEDERAL REGISTER NOTIFICATION
A notice of opportunity for public comment on this RIS was not published in the Federal Register because this RIS is informational.
PAPERWORK REDUCTION ACT STATEMENT
This RIS does not request any information collection.
If you have any questions about this matter, please contact one of the technical contacts listed below.
/RA/
William D. Beckner, Program Director Operating Reactor Improvements Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Technical Contacts:
Michael R. Burrell, NSIR
Brad Baxter, NSIR
(301) 415-1262
(301) 415-1088 email: mrb3@nrc.gov email: bxb@nrc.gov Attachment: List of Recently Issued NRC Regulatory Issue Summaries
- See previous concurrence OFFICE
DNS/RSPS
DNS/RSPS
DNS/RSPS
SC:RORP
NRR/DRIP
NAME
M. Burrell:ryc*
L. Chandler*
V. Ordaz*
G. Tracy*
T. Reis W. Beckner DATE
04/11/2002
04/11/2002
04/25/2002
07/26/2002
08/27/2002
08/27/2002
______________________________________________________________________________________
OL = Operating License CP = Construction Permit Attachment LIST OF RECENTLY ISSUED
NRC REGULATORY ISSUE SUMMARIES
_____________________________________________________________________________________
Regulatory Issue Date of Summary No.
Subject Issuance Issued to
_____________________________________________________________________________________
2002-11 Requalification Program Test Results for Okonite Okolon Single- Conductor Bonded-Jacket Cable (Followup to Regulatory Issue Summary 2000-25)
08/09/2002 All holders operating licenses for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.
2002-10
Revision of the Skin Dose Limit in
07/09/2002 All U.S. Nuclear Regulatory Commission material licensees.
2002-09 Preparation and Scheduling of Operator Licensing Examinations
06/06/2002 All holders of operating licenses for nuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.
2002-08 Availability of the Topical Report Program Description and Status of Staff Reviews on the NRC Web Site
05/22/2002 All holders of construction permits or operating licenses for nuclear power reactors (including those that have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel),
formal nuclear industry groups, and nuclear steam supply system vendors.
2002-07 Clarification of NRC Requirements Applicable to Worker Fatigue and Self-Declarations of Fitness-For- Duty
05/10/2002 All licensees authorized to operate a nuclear power reactor, to possess or use formula quantities of strategic special nuclear materials (SSNM) or to transport formula quantities of SSNM.
Note: NRC generic communications may be received in electronic format shortly after they are issued by subscribing to the NRC listserver as follows:
To subscribe send an e-mail to <listproc@nrc.gov >, no subject, and the following command in the message portion:
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