[Code of Federal Regulations] [Title 10, Volume 1] [Revised as of January 1, 2001] From the U.S. Government Printing Office via GPO Access [CITE: 10CFR11.15] [Page 253-256] TITLE 10--ENERGY CHAPTER I--NUCLEAR REGULATORY COMMISSION PART 11--CRITERIA AND PROCEDURES FOR DETERMINING ELIGIBILITY FOR ACCESS TO OR CONTROL OVER SPECIAL NUCLEAR MATERIAL--Table of Contents Sec. 11.15 Application for special nuclear material access authorization. (a)(1) Application for special nuclear material access authorization, renewal, or change in level must be filed by the licensee on behalf of the applicant with the Director, Division of Facilities and [[Page 254]] Security, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Applications for affected individuals employed on October 28, 1985, shall be submitted within 60 days of notification of Commission approval of the amended security plan. (2) Licensees who wish to secure NRC-U or NRC-R special nuclear material access authorizations for individuals in possession of an active NRC Q or L access authorization or other security clearance granted by another Federal agency based on an equivalent investigation shall submit a ``Security Acknowledgment'' (NRC Form 176) and a ``Request for Access Authorization'' (NRC Form 237). NRC will process these requests by verifying the data on an NRC-cleared individual, or by contacting the Federal agency that granted the clearance, requesting certification of the security clearance, and determining the investigative basis and level of the clearance. Licensees may directly request the Federal agency that administered the security clearance, if other than NRC, to certify to the NRC that it has on file an active security clearance for an individual and to specify the investigative basis and level of the clearance. (b) Applications for special nuclear material access authorization for individuals, other than those qualifying under the provisions of Sec. 11.15(a)(2), must be made on forms supplied by the Commission, including: (1) Questionnaire for National Security Positions (SF-86, Parts 1 and 2); (2) Two completed standard fingerprint cards (FD-258); (3) Security Acknowledgment (NRC Form 176); (4) Other related forms where specified in accompanying instruction (NRC-254); and (5) A statement by the employer, prospective employer, or contractor identifying the job to be assigned to or assumed by the individual and the level of authorization needed, justified by appropriate reference to the licensee's security plan. (c)(1) Except as provided in paragraph (c)(2) of this section, NRC-U special nuclear material access authorizations must be renewed every five years from the date of issuance. Except as provided in paragraph (c)(3) of this section, NRC-R special nuclear material access authorizations must be renewed every ten years from the date of issuance. An application for renewal must be submitted at least 120 days before the expiration of the five-year period for NRC-U and ten-year period for NRC-R, respectively, and must include: (i) A statement by the licensee that at the time of application for renewal the individual's assigned or assumed job requires an NRC-U or an NRC-R special nuclear material access authorization, justified by appropriate reference to the licensee's security plan; (ii) The Questionnaire for National Security Positions (SF-86, Parts 1 and 2); (iii) Two completed standard fingerprint cards (FD-258); and (iv) Other related forms specified in accompanying NRC instructions (NRC Form 254). (2) An exception to the time for submission of NRC-U special nuclear material access authorization renewal applications and the paperwork required is provided for individuals who have a current and active DOE-Q access authorization and are subject to DOE Reinvestigation Program requirements. For these individuals, the submission to DOE of the SF-86 pursuant to DOE Reinvestigation Program requirements (generally every five years) will satisfy the NRC renewal submission and paperwork requirements even if less than five years has passed since the date of issuance or renewal of the NRC-U access authorization. Any NRC-U special nuclear material access authorization renewed in response to provisions of this paragraph will not be due for renewal until the date set by DOE for the next reinvestigation of the individual pursuant to DOE's Reinvestigation Program. (3) An exception to the time for submission of NRC-R special nuclear material access authorization renewal applications and the paperwork required is provided for individuals who have a current and active DOE-L or DOE-Q access authorization and are subject to DOE Reinvestigation Program requirements. For these individuals, the submission to DOE of the SF-86 pursuant [[Page 255]] to DOE Reinvestigation Program requirements will satisfy the NRC renewal submission and paperwork requirements even if less than ten years have passed since the date of issuance or renewal of the NRC-R access authorization. Any NRC-R special nuclear material access authorization renewed pursuant to this paragraph will not be due for renewal until the date set by DOE for the next reinvestigation of the individual pursuant to DOE's Reinvestigation Program. (4) Notwithstanding the provisions of paragraph (c)(2) of this section, the period of time for the initial and each subsequent NRC-U renewal application to NRC may not exceed seven years. (5) Notwithstanding the provisions of paragraph (c)(3) of this section, the period of time for the initial and each subsequent NRC-R renewal application to NRC may not exceed twelve years. Any individual who is subject to the DOE Reinvestigation Program requirements but, for administrative or other reasons, does not submit reinvestigation forms to DOE within seven years of the previous submission, for a NRC-U renewal or twelve years of the previous submission for a NRC-R renewal, shall submit a renewal application to NRC using the forms prescribed in paragraph (c)(1) of this section before the expiration of the seven year period for NRC-U or twelve year period for NRC-R renewal. (d) If at any time, due to new assignment or assumption of duties, a change in a special nuclear material access authorization level from NRC ``R'' to ``U'' is required, the individual shall apply for a change of level of special nuclear material access authorization. The application must include a description of the new duties to be assigned or assumed, justified by appropriate reference to the licensee's security plan. (e)(1) Each application for a special nuclear material access authorization, renewal, or change in level must be accompanied by the licensee's remittance, payable to the U.S. Nuclear Regulatory Commission, according to the following schedule: i. NRC-R................................................ 1$130 ii. NRC-R (expedited processing)........................ 1203 iii. NRC-R based on certification of comparable 20 investigation.......................................... iv. NRC-R renewal....................................... 1130 v. NRC-U requiring single scope investigation........... 2856 vi. NRC-U requiring single scope investigation 3295 (expedited processing)................................. vii. NRC-U based on certification of comparable 20 investigation.......................................... viii. NRC-U renewal..................................... 21705 \1\ If the NRC determines, based on its review of available data, that a National Agency Check with law and credit investigation is necessary, a fee of $130 will be assessed prior to the conduct of the investigation; however, if a single scope investigation is deemed necessary by the NRC, based on its review of available data, a fee of $2,856 will be assessed prior to the conduct of the investigation. \2\ If the NRC determines, based on its review of available data, that a single scope investigation is necessary, a fee of $2,856 will be assessed prior to the conduct of the investigation. (2) Material access authorization fees will be published each time the Office of Personnel Management notifies NRC of a change in the background investigation rate it charges NRC for conducting the investigation. Any changed access authorization fees will be applicable to each access authorization request received upon or after the date of publication. Applications from individuals having current Federal access authorizations may be processed expeditiously at no cost because the Commission may accept the certification of access authorizations and investigative data from other Federal government agencies that grant personnel access authorizations. (f)(1) Any Federal employee, employee of a contractor of a Federal agency, licensee, or other person visiting an affected facility for the purpose of conducting official business, who possesses an active NRC or DOE-Q access authorization or an equivalent Federal security clearance granted by another Federal agency (``Top Secret'') based on a comparable single scope background investigation may be permitted, in accordance with Sec. 11.11, the same level of unescorted access that an NRC-U special nuclear material access authorization would afford. [[Page 256]] (2) Any Federal employee, employee of a contractor of a Federal agency, licensee, or other person visiting an affected facility for the purpose of conducting official business, who possesses an active NRC or DOE-L access authorization or an equivalent security clearance granted by another Federal agency (``Secret'') based on a comparable or greater background investigation consisting of a national agency check with law and credit may be permitted, in accordance with Sec. 11.11, the same level of unescorted access that an NRC-R special nuclear material access authorization would afford. An NRC or DOE-L access authorization or an equivalent security clearance (``Secret''), based on a background investigation or national agency check with credit granted or being processed by another Federal agency before January 1, 1998, is acceptable to meet this requirement. [64 FR 15645, Apr. 1, 1999]