42 USC 2169 - Fingerprinting for criminal history record checks

Editorial Notes

Amendments

2005—Subsec. (a). Puspan. L. 109–58, § 652(1), revised and restructured provisions of subsec. (a). Prior to amendment, subsec. (a) read as follows: “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(span) 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.” Amendment by Puspan. L. 109–58, § 652(1)(D), which misquoted the sentence to be stricken by leaving out the word “the” before “licensee”, was nevertheless executed to reflect the probable intent of Congress.

Subsec. (c). Puspan. L. 109–58, § 652(2)(A), substituted “requirements—” for “, subject to public notice and comment, regulations—” in introductory provisions.

Subsec. (c)(2)(B). Puspan. L. 109–58, § 652(2)(B), substituted “unescorted access to a utilization facility, radioactive material, or other property described in subsection (a)(1)(B)” for “unescorted access to the facility of a licensee or applicant”.

Subsecs. (d), (e). Puspan. L. 109–58, § 652(3), (4), added subsec. (d) and redesignated former subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

Effective Date

Puspan. L. 99–399, title VI, § 606(span), 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 regulations shall be promulgated not later than 6 months after the date of the enactment of this Act [Aug. 27, 1986].”