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42 U.S.C. § 2169 — Fingerprinting for criminal history record checks

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2169 — Fingerprinting for criminal history record checks

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Stable record: federal_law:legal_authorities:record_usc_78956c654b3e951d9365b4d7
Source file: Laws/federal/codes/united-states-code/title-42/section-2169-fingerprinting-for-criminal-history-record-checks--26ae508247.md
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Source location: Title 42, Chapter 23, § 2169; chapter-023-development-and-control-of-atomic-energy.md

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**(a) In general** (1) (A) (i) The Commission shall require each individual or entity described in clause (ii) to fingerprint each individual described in subparagraph (B) before the individual described in subparagraph (B) is permitted access under subparagraph (B). (ii) The individuals and entities referred to in clause (i) are individuals and entities that, on or before the date on which an individual is permitted access under subparagraph (B)— (I) are licensed or certified to engage in an activity subject to regulation by the Commission; (II) have filed an application for a license or certificate to engage in an activity subject to regulation by the Commission; or (III) have notified the Commission in writing of an intent to file an application for licensing, certification, permitting, or approval of a product or activity subject to regulation by the Commission. (B) The Commission shall require to be fingerprinted any individual who— (i) is permitted unescorted access to— (I) a utilization facility; or (II) radioactive material or other property subject to regulation by the Commission that the Commission determines to be of such significance to the public health and safety or the common defense and security as to warrant fingerprinting and background checks; or (ii) is permitted access to safeguards information under [section 2167 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2167&num=0&edition=prelim). (2) All fingerprints obtained by an individual or entity as required in paragraph (1) shall be submitted to the Attorney General of the United States through the Commission for identification and a criminal history records check. (3) The costs of an identification or records check under paragraph (2) shall be paid by the individual or entity required to conduct the fingerprinting under paragraph (1)(A). (4) Notwithstanding any other provision of law— (A) the Attorney General may provide any result of an identification or records check under paragraph (2) to the Commission; and (B) the Commission, in accordance with regulations prescribed under this section, may provide the results to the individual or entity required to conduct the fingerprinting under paragraph (1)(A). **(b) Waiver** The Commission, by rule, may relieve persons from the obligations imposed by this section, upon specified terms, conditions, and periods, if the Commission finds that such action is consistent with its obligations to promote the common defense and security and to protect the health and safety of the public. **(c) Regulations** For purposes of administering this section, the Commission shall prescribe requirements— (1) to implement procedures for the taking of fingerprints; (2) to establish the conditions for use of information received from the Attorney General, in order— (A) to limit the redissemination of such information; (B) to ensure that such information is used solely for the purpose of determining whether an individual shall be permitted unescorted access to a utilization facility, radioactive material, or other property described in subsection (a)(1)(B) or shall be permitted access to safeguards information under [section 2167 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2167&num=0&edition=prelim); (C) to ensure that no final determination may be made solely on the basis of information provided under this section involving— (i) an arrest more than 1 year old for which there is no information of the disposition of the case; or (ii) an arrest that resulted in dismissal of the charge or an acquittal; and (D) to protect individuals subject to fingerprinting under this section from misuse of the criminal history records; and (3) to provide each individual subject to fingerprinting under this section with the right to complete, correct, and explain information contained in the criminal history records prior to any final adverse determination. **(d) Use of biometric methods** The Commission may require a person or individual to conduct fingerprinting under subsection (a)(1) by authorizing or requiring the use of any alternative biometric method for identification that has been approved by— (1) the Attorney General; and (2) the Commission, by regulation. **(e) Processing fees; use of amounts collected** (1) The Commission may establish and collect fees to process fingerprints and criminal history records under this section. (2) Notwithstanding [section 3302(b) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302/b&num=0&edition=prelim), and to the extent approved in appropriation Acts— (A) a portion of the amounts collected under this subsection in any fiscal year may be retained and used by the Commission to carry out this section; and (B) the remaining portion of the amounts collected under this subsection in such fiscal year may be transferred periodically to the Attorney General and used by the Attorney General to carry out this section. (3) Any amount made available for use under paragraph (2) shall remain available until expended.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2167 — Safeguards information

**(a) Confidentiality of certain types of information; issuance of regulations and orders; considerations for exercise of Commission’s authority; disclosure of routes and quantities of shipment; civil penalties; withholding of information from Congressional committees** In addition to any other authority or requirement regarding protection from disclosure of information, and subject to subsection (b)(3) of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), the Commission shall prescribe such regulations, after notice and opportunity for public comment, or issue such orders, as necessary to prohibit the unauthorized disclosure of safeguards information which specifically identifies a licensee’s or applicant’s detailed— (1) control and accounting procedures or security measures (including security plans, procedures, and equipment) for the physical protection of special nuclear material, by whomever possessed, whether in transit or at fixed sites, in quantities determined by the Commission to be significant to the public health and safety or the common defense and security; (2) security measures (including security plans, procedures, and equipment) for the physical protection of source material or byproduct material, by whomever possessed, whether in transit or at fixed sites, in quantities determined by the Commission to be significant to the public health and safety or the common defense and security; or (3) security measures (including security plans, procedures, and equipment) for the physical protection of and the location of certain plant equipment vital to the safety of production or utilization facilities involving nuclear materials covered by paragraphs (1) and (2) 11 So in original. Pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2167

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4801 — Findings and purposes

**(a) Findings** The Congress finds and declares that— (1) the United States has a crucial stake in the presence of United States Government personnel representing United States interests abroad; (2) conditions confronting United States Government personnel and missions abroad are fraught with security concerns which will continue for the foreseeable future; and (3) the resources now available to counter acts of terrorism and protect and secure United States Government personnel and missions abroad, as well as foreign officials and missions in the United States, are inadequate to meet the mounting threat to such personnel and facilities. **(b) Purposes** The purposes of this chapter are— (1) to set forth the responsibility of the Secretary of State with respect to the security of diplomatic operations in the United States and abroad; (2) to maximize coordination by the Department of State with Federal, State, and local agencies and agencies of foreign governments in order to enhance security programs; (3) to promote strengthened security measures, institutionalize a culture of learning, and, in the case of apparent gross negligence or breach of duty, recommend that the Secretary investigate accountability for United States Government personnel with security-related responsibilities under chief of mission authority; (4) to support a culture of risk management, instead of risk avoidance, that enables the Department of State to pursue its vital goals with full knowledge that it is neither desirable nor possible for the Department to avoid all risks; (5) to set forth the responsibility of the Secretary of State with respect to the safe and efficient evacuation of United States Government personnel, their dependents, and private United States citizens when their liv

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4801

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2215 — Nuclear Regulatory Commission user fees and annual charges for fiscal year 2021 and each fiscal year thereafter

**(a) Annual budget justification** (1) **In general** — In the annual budget justification submitted by the Commission to Congress, the Commission shall expressly identify anticipated expenditures necessary for completion of the requested activities of the Commission anticipated to occur during the applicable fiscal year. (2) **Restriction** — Budget authority granted to the Commission for purposes of the requested activities of the Commission shall be used, to the maximum extent practicable, solely for conducting requested activities of the Commission. (3) **Limitation on corporate support costs** — With respect to the annual budget justification submitted to Congress, corporate support costs, to the maximum extent practicable, shall not exceed the following percentages of the total budget authority of the Commission requested in the annual budget justification: (A) 30 percent for each of fiscal years 2021 and 2022. (B) 30 percent for fiscal year 2025 and each fiscal year thereafter. (4) **International nuclear export and innovation activities** — The Commission shall identify in the annual budget justification international nuclear export and innovation activities described in [section 2155b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2155b/a&num=0&edition=prelim). **(b) Fees and charges** (1) **Annual assessment** (A) *In general* — Each fiscal year, the Commission shall assess and collect fees and charges in accordance with paragraphs (2) and (3) in a manner that ensures that, to the maximum extent practicable, the amount assessed and collected is equal to an amount that approximates— (i) the total budget authority of the Commission for that fiscal year; less (ii) the budget authority of the

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2215

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5853 — Availability of funds

**(a) Appropriations for salaries and expenses; additional purposes** Funds appropriated for “Nuclear Regulatory Commission—Salaries and Expenses” shall be available to the Commission for the following additional purposes: (1) Employment of aliens. (2) Services authorized by [section 3109 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim). (3) Publication and dissemination of atomic information. (4) Purchase, repair, and cleaning of uniforms. (5) Reimbursements to the General Services Administration for security guard services. (6) Hire of passenger motor vehicles and aircraft. (7) Transfers of funds to other agencies of the Federal Government for the performance of the work for which such funds are appropriated, and such transferred funds may be merged with the appropriations to which they are transferred. (8) Transfers to the Office of Inspector General of the Commission, not to exceed an additional amount equal to 5 percent of the amount otherwise appropriated to the Office for the fiscal year. Notice of such transfers shall be submitted to the Committees on Appropriations. **(b) Appropriations for Office of Inspector General; additional purposes** Funds appropriated for “Nuclear Regulatory Commission—Office of Inspector General” shall be available to the Office for the additional purposes described in paragraphs (2) and (7) of subsection (a). **(c) Use of program funds for salaries and expenses** Moneys received by the Commission for the cooperative nuclear research program, services rendered to State governments, foreign governments, and international organizations, and the material and information access authorization programs, including criminal history checks under [section 2169 of this tit

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5853

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2169 — Fingerprinting for criminal history record

Page 5476 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2169 reasonably be expected to result in a signifi- cant adverse effect on the health and safety of the public or the common defense and security by significantly increasing the likelihood of (i) illegal production of nuclear weapons, or (ii) theft, diversion, or sabotage of nuclear mate- rials, equipment, or facilities. (5) Nothing in this section shall be construed to authorize the Secretary to authorize the withholding of information from the appropriate committees of the Congress. (b) Civil penalties (1) Any person who violates any regulation or order of the Secretary issued under this section with respect to the unauthorized dissemination of information shall be subject to a civil pen- alty, to be imposed by the Secretary, of not to exceed $100,000 for each such violation. The Sec- retary may compromise, mitigate, or remit any penalty imposed under this subsection. (2) The provisions of subsections (b) and (c) of section 2282 of this title, shall be applicable with respect to the imposition of civil penalties by the Secretary under this section in the same manner that such provisions are applicable to the imposition of civil penalties by the Commis- sion under subsection (a) of such section. (c) Criminal penalties For the purposes of section 2273 of this title, any regulation prescribed or order issued by the Secretary under this section shall also be deemed to be prescribed or issued under section 2201(b) of this title. (d) Judicial review Any determination by the Secretary con- cerning the applicability of this section shall be subject to judicial review pursuant to section 552(a)(4)(B) of title 5. (Aug. 1, 1946, ch. 724, title I, § 148, as added Pub. L. 97–90, title II, § 210(a)(1

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2169

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