DHS 157.9704(1)(1) 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 before granting unescorted access to category 1 or category 2 quantities of radioactive materials: DHS 157.9704(1)(a)(a) An employee of the 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. DHS 157.9704(1)(c)(c) An employee of a member of Congress or congressional committee who has undergone fingerprinting for a prior U.S. government criminal history records check. DHS 157.9704(1)(d)(d) The Governor of a state or his or her designated state employee representative. DHS 157.9704(1)(f)(f) State radiation control program directors and state homeland security advisors or their designated state employee representatives. DHS 157.9704(1)(g)(g) Agreement state employees conducting security inspections on behalf of the NRC under an agreement executed under section 274.i. of the Atomic Energy Act. DHS 157.9704(1)(h)(h) 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. DHS 157.9704(1)(j)(j) Commercial vehicle drivers for road shipments of category 1 and category 2 quantities of radioactive material. DHS 157.9704(1)(k)(k) Package handlers at transportation facilities such as freight terminals and railroad yards. DHS 157.9704(1)(L)(L) Any individual who has an active federal security clearance, provided that he or she makes available to the licensee the appropriate documentation. Written confirmation from the agency or employer or both that granted the federal security clearance or reviewed the criminal history records check shall be provided to a licensee. The licensee shall retain documentation of an individual’s federal security clearance and written confirmation from the agency, employer, or both that granted the federal security clearance or reviewed the criminal history records check for 3 years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material. DHS 157.9704(1)(m)(m) 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. The service provider license shall provide written verification to the licensee. The licensee shall retain the documentation of the written verification for 3 years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material. DHS 157.9704(2)(2) Fingerprinting, and the identification and criminal history records checks required by section 149 of the Atomic Energy Act of 1954, as amended, are not required for an individual who has had a favorably adjudicated U.S. Government criminal history records check within the last 5 years, under a comparable U.S. Government program involving fingerprinting and a FBI identification and criminal history records check provided that he or she makes available the appropriate documentation. Written confirmation from the agency or employer or both that reviewed the criminal history records check shall be provided to the licensee. A licensee shall retain the provided documentation for 3 years from the date the individual no longer requires unescorted access to category 1 or category 2 quantities of radioactive material. These programs include, but are not limited to the following: DHS 157.9704(2)(d)(d) Health and Human Services security risk assessments for possession and use of select agents and toxins under 42 CFR 73. DHS 157.9704(2)(e)(e) Hazardous Material security threat assessment for hazardous material endorsement to commercial driver’s license under 49 CFR 1572. DHS 157.9704(2)(f)(f) Customs and Border Protection’s Free and Secure Trade (FAST) Program. DHS 157.9704 HistoryHistory: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.104 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745. DHS 157.9705(1)(1) Any licensee who obtains background investigation information on an individual under this subchapter shall establish and maintain a system of files and written procedures for protection of the record and the personal information from unauthorized disclosure. DHS 157.9705(2)(2) A licensee may not disclose the background investigation record or personal history information collected and maintained to persons other than the subject individual, the individual’s representative, or to persons who need access to the information in order to perform assigned duties in the process of granting or denying unescorted access to category 1 or category 2 quantities of radioactive material, safeguards information, or safeguards information-modified handling. No individual authorized to have access to the information may disseminate the information to any other individual who does not have a need to know. DHS 157.9705(3)(3) The personal information obtained on an individual from a background investigation may be provided to another licensee under the following conditions: DHS 157.9705(3)(a)(a) Upon the individual’s written request to a licensee holding the data to disseminate the information contained in the individual’s file. DHS 157.9705(3)(b)(b) The recipient licensee verifies information such as name, date of birth, social security number, gender, and other applicable physical characteristics. DHS 157.9705(4)(4) The licensee shall make background investigation records obtained under this subchapter available for examination by the department.