
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2169]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                  SUBCHAPTER XI--CONTROL OF INFORMATION
 
Sec. 2169. Fingerprinting for criminal history record checks


(a) Persons subject to fingerprinting; submission of fingerprints to 
        Attorney General; costs; results of check

    The Nuclear Regulatory Commission (in this section referred to as 
the ``Commission'') shall require each licensee or applicant for a 
license to operate a utilization facility under section 2133 or 2134(b) 
of this title to fingerprint each individual who is permitted unescorted 
access to the facility or is permitted access to safeguards information 
under section 2167 of this title. All fingerprints obtained by a 
licensee or applicant as required in the preceding 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 conducted pursuant to the 
preceding sentence shall be paid by the licensee or applicant. 
Notwithstanding any other provision of law, the Attorney General may 
provide 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 fingerprints.

(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, subject to public notice and comment, regulations--
        (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 the facility of a licensee or applicant 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 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) 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 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.

(Aug. 1, 1946, ch. 724, title I, Sec. 149, as added Pub. L. 99-399, 
title VI, Sec. 606(a), Aug. 27, 1986, 100 Stat. 876; renumbered title I, 
Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 
2944.)


                             Effective Date

    Section 606(b) of Pub. L. 99-399 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 regulations shall be promulgated not later than 6 months after the 
date of the enactment of this Act [Aug. 27, 1986].''

                  Section Referred to in Other Sections

    This section is referred to in section 5852 of this title.
