Federal · Title 42 — Public Health and Welfare

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

Civil

What this law says, in plain English

The Commission requires fingerprinting and criminal history checks for individuals seeking access to regulated nuclear facilities, materials, or safeguards information. Costs are paid by the entity conducting fingerprinting.

Read the full statutory text
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). are licensed or certified to engage in an activity subject to regulation by the Commission; have filed an application for a license or certificate to engage in an activity subject to regulation by the Commission; or 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. a utilization facility; or 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 is permitted access to safeguards information under section 2167 of this title . 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. 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). the Attorney General may provide any result of an identification or records check under paragraph (2) to the Commission; and 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). 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. to implement procedures for the taking of fingerprints; to limit the redissemination of such information; 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 ; an arrest more than 1 year old for which there is no information of the disposition of the case; or an arrest that resulted in dismissal of the charge or an acquittal; and to protect individuals subject to fingerprinting under this section from misuse of the criminal history records; and 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. the Attorney General; and the Commission, by regulation. The Commission may establish and collect fees to process fingerprints and criminal history records under this section. 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 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. Any amount made available for use under paragraph (2) shall remain available until expended.

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