[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR25.21]

[Page 433-434]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 25--ACCESS AUTHORIZATION FOR LICENSEE PERSONNEL--Table of Contents
 
Sec. 25.21  Determination of initial and continued eligibility for 
access authorization.

    (a) Following receipt by the CSA of the reports of the personnel 
security investigations, the record will be reviewed to determine that 
granting an access authorization or renewal of access authorization will 
not endanger

[[Page 434]]

the common defense and security and is clearly consistent with the 
national interest. If this determination is made, access authorization 
will be granted or renewed. If the NRC is the CSA, questions as to 
initial or continued eligibility will be determined in accordance with 
part 10 of chapter I. If another agency is the CSA, that agency will, 
under the requirements of the NISPOM, have established procedures at the 
facility to resolve questions as to initial or continued eligibility for 
access authorization. These questions will be determined in accordance 
with established CSA procedures already in effect for the facility.
    (b) The CSA must be promptly notified of developments that bear on 
continued eligibility for access authorization throughout the period for 
which the authorization is active (e.g., persons who marry subsequent to 
the completion of a personnel security packet must report this change by 
submitting a completed NRC Form 354, ``Data Report on Spouse'' or 
equivalent CSA form).
    (c)(1) Except as provided in paragraph (c)(2) of this section, an 
NRC ``Q'' access authorization must be renewed every five years from the 
date of issuance. Except as provided in paragraph (c)(2) of this 
section, an NRC ``L'' access authorization 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 a ``Q'' access authorization and the ten-year period for an 
``L'' access authorization, and must include:
    (i) A statement by the licensee or other person that the individual 
continues to require access to classified National Security Information 
or Restricted Data; and
    (ii) A personnel security packet as described in Sec. 25.17(d).
    (2) Renewal applications and the required paperwork are not required 
for individuals who have a current and active access authorization from 
another Federal agency and who are subject to a reinvestigation program 
by that agency that is determined by the NRC to meet the NRC's 
requirements. (The DOE Reinvestigation Program has been determined to 
meet the NRC's requirements.) For these individuals, the submission of 
the SF-86 by the licensee or other person to the other Government agency 
pursuant to their reinvestigation requirements will satisfy the NRC's 
renewal submission and paperwork requirements, even if less than five 
years have passed since the date of issuance or renewal of the NRC ``Q'' 
access authorization, or if less than 10 years have passed since the 
date of issuance or renewal of the NRC ``L'' access authorization. Any 
NRC access authorization continued in response to the provisions of this 
paragraph will, thereafter, not be due for renewal until the date set by 
the other Government agency for the next reinvestigation of the 
individual pursuant to the other agency's reinvestigation program. 
However, the period of time for the initial and each subsequent NRC 
``Q'' renewal application to the NRC may not exceed seven years or, in 
the case of an NRC ``L'' renewal application, twelve years. Any 
individual who is subject to the reinvestigation program requirements of 
another Federal agency but, for administrative or other reasons, does 
not submit reinvestigation forms to that agency within seven years for a 
``Q'' renewal or twelve years for an ``L'' renewal of the previous 
submission, shall submit a renewal application to the NRC using the 
forms prescribed in Sec. 25.17(d) before the expiration of the seven-
year period for a ``Q'' renewal or twelve-year period for an ``L'' 
renewal.
    (3) If the NRC is not the CSA, reinvestigation program procedures 
and requirements will be set by the CSA.

[62 FR 17688, Apr. 11, 1997, as amended at 64 FR 15648, Apr. 1, 1999]