42 U.S.C. § 2181 — Inventions relating to atomic weapons,

Page 5477 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2181 unescorted access to a utilization facility, radioactive material, or other property de- scribed in subsection (a)(1)(B) or shall be permitted access to safeguards information under section 2167 of this title; (C) to ensure that no final determination may be made solely on the basis of informa- tion provided under this section involving— (i) an arrest more than 1 year old for which there is no information of the dis- position 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 mis- use 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 infor- mation contained in the criminal history records prior to any final adverse determina- tion. (d) Use of biometric methods The Commission may require a person or indi- vidual to conduct fingerprinting under sub- section (a)(1) by authorizing or requiring the use of any alternative biometric method for identi- fication 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, and to the extent approved in appropriation Acts— (A) a portion of the amounts collected under this subsection in any fiscal year may be re- tained 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 ex- pended. (Aug. 1, 1946, ch. 724, title I, § 149, as added Pub. L. 99–399, title VI, § 606(a), Aug. 27, 1986, 100 Stat. 876; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 109–58, title VI, § 652, Aug. 8, 2005, 119 Stat. 810.) Editorial Notes AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58, § 652(1), revised and restructured provisions of subsec. (a). Prior to amend- ment, subsec. (a) read as follows: ‘‘The Nuclear Regu- latory Commission (in this section referred to as the ‘Commission’) shall require each licensee or applicant for a license to operate a utilization facility under sec- tion 2133 or 2134(b) of this title to fingerprint each indi- vidual who is permitted unescorted access to the facil- ity or is permitted access to safeguards information under section 2167 of this title. All fingerprints ob- tained by a licensee or applicant as required in the pre- ceding sentence shall be submitted to the Attorney General of the United States through the Commission for identification and a criminal history records check. The costs of any identification and records check con- ducted pursuant to the preceding sentence shall be paid by the licensee or applicant. Notwithstanding any other provision of law, the Attorney General may pro- vide all the results of the search to the Commission, and, in accordance with regulations prescribed under this section, the Commission may provide such results to the licensee or applicant submitting such finger- prints.’’ Amendment by Pub. L. 109–58, § 652(1)(D), which misquoted the sentence to be stricken by leaving out the word ‘‘the’’ before ‘‘licensee’’, was nevertheless exe- cuted to reflect the probable intent of Congress. Subsec. (c). Pub. L. 109–58, § 652(2)(A), substituted ‘‘re- quirements—’’ for ‘‘, subject to public notice and com- ment, regulations—’’ in introductory provisions. Subsec. (c)(2)(B). Pub. L. 109–58, § 652(2)(B), sub- stituted ‘‘unescorted access to a utilization facility, ra- dioactive material, or other property described in sub- section (a)(1)(B)’’ for ‘‘unescorted access to the facility of a licensee or applicant’’. Subsecs. (d), (e). Pub. L. 109–58, § 652(3), (4), added sub- sec. (d) and redesignated former subsec. (d) as (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 99–399, title VI, § 606(b), Aug. 27, 1986, 100 Stat. 877, provided that: ‘‘The provisions of subsection a. of section 149 of the Atomic Energy Act of 1954 [subsec. (a) of this section], as added by this Act, shall take effect upon the promulgation of regulations by the Nuclear Regulatory Commission as set forth in subsection c. of such section [subsec. (c) of this section]. Such regula- tions shall be promulgated not later than 6 months after the date of the enactment of this Act [Aug. 27, 1986].’’ SUBCHAPTER XII—PATENTS AND INVENTIONS § 2181. Inventions relating to atomic weapons, and filing of reports (a) Denial of patent; revocation of prior patents No patent shall hereafter be granted for any invention or discovery which is useful solely in the utilization of special nuclear material or atomic energy in an atomic weapon. Any patent granted for any such invention or discovery is revoked, and just compensation shall be made therefor. (b) Denial of rights; revocation of prior rights No patent hereafter granted shall confer any rights with respect to any invention or dis- covery to the extent that such invention or dis- covery is used in the utilization of special nu- clear material or atomic energy in atomic weap- ons. Any rights conferred by any patent here- tofore granted for any invention or discovery are revoked to the extent that such invention or discovery is so used, and just compensation shall be made therefor. (c) Report of invention to Under Secretary of Commerce for Intellectual Property and Di- rector of the United States Patent and Trade- mark Office Any person who has made or hereafter makes any invention or discovery useful in the produc- tion or utilization of special nuclear material or atomic energy, shall file with the Commission a Page 5478 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2182 report containing a complete description thereof unless such invention or discovery is described in an application for a patent filed with the Under Secretary of Commerce for Intellectual Property and Director of the United States Pat- ent and Trademark Office by such person within the time required for the filing of such report. The report covering any such invention or dis- covery shall be filed on or before the one hun- dred and eightieth day after such person first discovers or first has reason to believe that such invention or discovery is useful in such produc- tion or utilization. (d) Report to Commission by Under Secretary of Commerce for Intellectual Property and Di- rector of the United States Patent and Trade- mark Office The Under Secretary of Commerce for Intel- lectual Property and Director of the United States Patent and Trademark Office shall notify the Commission of all applications for patents heretofore or hereafter filed which, in his opin- ion, disclose inventions or discoveries required to be reported under subsection (c), and shall provide the Commission access to all such appli- cations. (e) Confidential information; circumstances per- mitting disclosure Reports filed pursuant to subsection (c) of this section, and applications to which access is pro- vided under subsection (d) of this section, shall be kept in confidence by the Commission, and no information concerning the same given without authority of the inventor or owner unless nec- essary to carry out the provisions of any Act of Congress or in such special circumstances as may be determined by the Commission. (Aug. 1, 1946, ch. 724, title I, § 151, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 943; amended Pub. L. 87–206, §§ 7–9, Sept. 6, 1961, 75 Stat. 477; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(18)], Nov. 29, 1999, 113 Stat. 1536, 1501A–585.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1811(a) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. AMENDMENTS 1999—Subsecs. (c), (d). Pub. L. 106–113 substituted ‘‘Under Secretary of Commerce for Intellectual Prop- erty and Director of the United States Patent and Trademark Office’’ for ‘‘Commissioner of Patents’’. 1961—Pub. L. 87–206, § 7, substituted provision con- cerning inventions relating to atomic weapons and fil- ing of reports for provision relating to military utiliza- tion in section catchline. Subsec. (c). Pub. L. 87–206, § 8, struck out designation as cl. (1) of provision relating to production or utiliza- tion of special nuclear material or atomic energy and cls. (2) and (3) relating to utilization of special nuclear material in an atomic weapon and utilization of atomic energy in an atomic weapon, respectively, and sub- stituted ‘‘the one hundred and eightieth day’’ for ‘‘whichever of the following is the later: either the ninetieth day after completion of such invention or dis- covery; or the ninetieth day’’. Subsec. (e). Pub. L. 87–206, § 9, added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. EMERGENCY RELIEF FROM POSTAL SITUATION AFFECTING ATOMIC ENERGY CASES Excusal of delayed fees or actions affected by postal situation beginning on Mar. 18, 1970, and ending on or about Mar. 30, 1970, see note set out under section 111 of Title 35, Patents. § 2182. Inventions conceived during Commission contracts; ownership; waiver; hearings Any invention or discovery, useful in the pro- duction or utilization of special nuclear mate- rial or atomic energy, made or conceived in the course of or under any contract, subcontract, or arrangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission, shall be vested in, and be the property of, the Commission, except that the Commission may waive its claim to any such invention or dis- covery under such circumstances as the Com- mission may deem appropriate, consistent with the policy of this section. No patent for any in- vention or discovery, useful in the production or utilization of special nuclear material or atomic energy, shall be issued unless the applicant files with the application, or within thirty days after request therefor by the Under Secretary of Com- merce for Intellectual Property and Director of the United States Patent and Trademark Office (unless the Commission advises the Under Sec- retary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office that its rights have been de- termined and that accordingly no statement is necessary) a statement under oath setting forth the full facts surrounding the making or concep- tion of the invention or discovery described in the application and whether the invention or discovery was made or conceived in the course of or under any contract, subcontract, or ar- rangement entered into with or for the benefit of the Commission, regardless of whether the contract, subcontract, or arrangement involved the expenditure of funds by the Commission. The Under Secretary of Commerce for Intellec- tual Property and Director of the United States Patent and Trademark Office shall as soon as the application is otherwise in condition for al- lowance forward copies of the application and the statement to the Commission. The Under Secretary of Commerce for Intel- lectual Property and Director of the United States Patent and Trademark Office may pro- ceed with the application and issue the patent to the applicant (if the invention or discovery is otherwise patentable) unless the Commission, within 90 days after receipt of copies of the ap- plication and statement, directs the Under Sec- retary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office to issue the patent to the