Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 120.000 - The Control of Radiation › BACKGROUND INVESTIGATIONS AND ACCESS AUTHORIZATION PROGRAM › Section 120.060 - Relief from Fingerprinting, Identification, and Criminal History Records Checks and Other Elements of Background Investigations for Designated Categories of Individuals Permitted Unescorted Access to Certain Radioactive Materials

Current through Register 1525, July 5, 2024
(A) Fingerprinting, and the identification
				and criminal history records checks required by section 149 of the Atomic
				Energy Act of 1954, as amended, and other elements of the background
				investigation are not required for the following individuals prior to granting
				unescorted access to category 1 or category 2 quantities of radioactive
				materials:
(1) An employee of the U.S. Nuclear
				Regulatory Commission or of the Executive Branch of the U.S. Government who has
				undergone fingerprinting for a prior U.S. Government criminal history records
				check;
(2) A Member of
				Congress;
(3) An employee of a
				member of Congress or Congressional committee who has undergone fingerprinting
				for a prior U.S. Government criminal history records check;
(4) The Governor of a State or his or her
				designated State employee representative;
(5) Federal, State, or local law enforcement
				personnel;
(6) State Radiation
				Control Program Directors and State Homeland Security Advisors or their
				designated State employee representatives;
(7) Agreement State employees conducting
				security inspections on behalf of the NRC under an agreement executed under
				section 274.i. of the Atomic Energy Act;
(8) Representatives of the International
				Atomic Energy Agency (IAEA) engaged in activities associated with the U.S./IAEA
				Safeguards Agreement who have been certified by the NRC;
(9) Emergency response personnel who are
				responding to an emergency;
(10)
				Commercial vehicle drivers for road shipments of category 1 and category 2
				quantities of radioactive material;
(11) Package handlers at transportation
				facilities such as freight terminals and railroad yards;
(12) Any individual who has an active Federal
				security clearance, provided that he or she makes available the appropriate
				documentation. Written confirmation from the agency/ employer that granted the
				Federal security clearance or reviewed the criminal history records check must
				be provided to the licensee. The licensee shall retain this documentation for a
				period of three years from the date the individual no longer requires
				unescorted access to category 1 or category 2 quantities of radioactive
				material; and
(13) Any individual
				employed by a service provider licensee for which the service provider licensee
				has conducted the background investigation for the individual and approved the
				individual for unescorted access to category 1 or category 2 quantities of
				radioactive material. Written verification from the service provider must be
				provided to the licensee. The licensee shall retain the documentation for a
				period of three years from the date the individual no longer requires
				unescorted access to category 1 or category 2 quantities of radioactive
				material.