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Code · STATUTE-COMPILATIONS · Energy Policy Act of 2005 · Sec. 652

Sec. 652. FINGERPRINTING AND CRIMINAL HISTORY RECORD CHECKS

689 words·~3 min read·/statute-compilations/comps-10914/sec-652

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## SEC. 652 FINGERPRINTING AND CRIMINAL HISTORY RECORD CHECKS Section 149 of the Atomic Energy Act of 1954 (42 U.S.C. 2169) is amended— ####
(1)in subsection a.— #####
(A)by striking “ a. The Nuclear ” and all that follows through “ section 147. ” and inserting the following: > “a.(1)(A)(i) 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). > > > ###### “(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 permitted access under subparagraph (B)— > > > ###### “(I) > > are licensed or certified to engage in an activity subject to regulation by the Commission; > > > ###### “(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 licensing, 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 information under section 147.” > ; #####
(B)by striking “ All fingerprints obtained by a licensee or applicant as required in the preceding sentence ” and inserting the following: > > #### “(2) > > All fingerprints obtained by an individual or entity as required in paragraph (1)” > ; #####
(C)by striking “ The costs of any identification and records check conducted pursuant to the preceding sentence shall be paid by the licensee or applicant. ” and inserting the following: > > #### “(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).” > ; and #####
(D)by striking “ 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 licensee or applicant submitting such fingerprints. ” and inserting the following: > > #### “(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 regulations prescribed under this section, may provide the results to the individual or entity required to conduct the fingerprinting under paragraph (1)(A).” > ; ####
(2)in subsection c.— #####
(A)by striking “, subject to public notice and comment, regulations—” and inserting “requirements—”; and #####
(B)in paragraph (2)(B), by striking “unescorted access to the facility of a licensee or applicant” and inserting “unescorted access to a utilization facility, radioactive material, or other property described in subsection a.(1)(B)”; ####
(3)by redesignating subsection d. as subsection e.; and ####
(4)by inserting after subsection c. the following: > > ### “d > > The Commission may require a person or individual to conduct fingerprinting under subsection a.(1) by authorizing or requiring the use of any alternative biometric method for identification that has been approved by— > > > #### “(1) > > the Attorney General; and > > > #### “(2) > > the Commission, by regulation.” > .
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Sec. 652
FINGERPRINTING AND CRIMINAL HISTORY RECORD CHECKS
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