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), Dec. 4, 1981, 95 Stat. 1169; amended Pub. L. 97–415, § 17, Jan. 4, 1983, 96 Stat. 2076; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 112–239, div. C, title XXXI, § 3134(c), Jan. 2, 2013, 126 Stat. 2193.) Editorial Notes AMENDMENTS 2013—Subsec. (e). Pub. L. 112–239 struck out subsec. (e), which related to quarterly reports for interested persons. 1983—Subsec. (a)(1). Pub. L. 97–415, § 17(a), inserted ‘‘, with respect to atomic energy defense programs,’’ after ‘‘(hereinafter in this section referred to as the ‘Secretary’)’’. Subsecs. (d), (e). Pub. L. 97–415, § 17(b), added subsecs. (d) and (e). § 2169. Fingerprinting for criminal history record checks (a) In general (1)(A)(i) The Commission shall require each in- dividual or entity described in clause (ii) to fin- gerprint each individual described in subpara- graph (B) before the individual described in sub- paragraph (B) is permitted access under sub- paragraph (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 per- mitted access under subparagraph (B)— (I) are licensed or certified to engage in an activity subject to regulation by the Commis- sion; (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 licens- ing, 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 infor- mation under section 2167 of this title. (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 identifica- tion 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 reg- ulations 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 con- sistent with its obligations to promote the com- mon 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 in- formation received from the Attorney Gen- eral, in order— (A) to limit the redissemination of such in- formation; (B) to ensure that such information is used solely for the purpose of determining wheth- er an individual shall be permitted 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