Browse Arkansas Code titles and sections
42 U.S.C. § 2282c — Worker health and safety rules for Department of Energy nuclear facilities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations required**
(1) **In general** — The Secretary shall promulgate regulations for industrial and construction health and safety at Department of Energy facilities that are operated by contractors covered by agreements of indemnification under [section 2210(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210/d&num=0&edition=prelim), after public notice and opportunity for comment under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) (commonly known as the “Administrative Procedure Act”). Such regulations shall, subject to paragraph (3), provide a level of protection for workers at such facilities that is substantially equivalent to the level of protection currently provided to such workers at such facilities.
(2) **Applicability** — The regulations promulgated under paragraph (1) shall not apply to any facility that is a component of, or any activity conducted under, the Naval Nuclear Propulsion Program provided for under Executive Order No. 12344, dated February 1, 1982 (as in force pursuant to section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98–525)).
(3) **Flexibility** — In promulgating the regulations under paragraph (1), the Secretary shall include flexibility—
(A) to tailor implementation of such regulations to reflect activities and hazards associated with a particular work environment;
(B) to take into account special circumstances at a facility that is, or is expected to be, permanently closed and that is expected to be demolished, or title to which is expected to be transferred to another entity for reuse; and
(C) to achieve national security missions of the Department of Energy in
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2282c
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 55946ede6b5cd3a86a89c1676a3e21447c70a778ed0d4b90c99b246eaf86df51. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_9dba2154b43253b2b15404e4
Source file: Laws/federal/codes/united-states-code/title-42/section-2282c-worker-health-and-safety-rules-for-department-of-energy-nuclear-faciliti--f13779ec54.md
Pages: Not recorded – Not recorded
Passage SHA-256: 2acdc8f579c5425753f4b832da2895660b6ec23a451c7b55d2bcb5d178d69e2c
Source location: Title 42, Chapter 23, § 2282c; chapter-023-development-and-control-of-atomic-energy.md
Stored source content
**(a) Regulations required**
(1) **In general** — The Secretary shall promulgate regulations for industrial and construction health and safety at Department of Energy facilities that are operated by contractors covered by agreements of indemnification under [section 2210(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210/d&num=0&edition=prelim), after public notice and opportunity for comment under [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim) (commonly known as the “Administrative Procedure Act”). Such regulations shall, subject to paragraph (3), provide a level of protection for workers at such facilities that is substantially equivalent to the level of protection currently provided to such workers at such facilities.
(2) **Applicability** — The regulations promulgated under paragraph (1) shall not apply to any facility that is a component of, or any activity conducted under, the Naval Nuclear Propulsion Program provided for under Executive Order No. 12344, dated February 1, 1982 (as in force pursuant to section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98–525)).
(3) **Flexibility** — In promulgating the regulations under paragraph (1), the Secretary shall include flexibility—
(A) to tailor implementation of such regulations to reflect activities and hazards associated with a particular work environment;
(B) to take into account special circumstances at a facility that is, or is expected to be, permanently closed and that is expected to be demolished, or title to which is expected to be transferred to another entity for reuse; and
(C) to achieve national security missions of the Department of Energy in an efficient and timely manner.
(4) **No effect on health and safety enforcement** — This subsection does not diminish or otherwise affect the enforcement or the application of any other law, regulation, order, or contractual obligation relating to worker health and safety.
**(b) Civil penalties**
(1) **In general** — A person (or any subcontractor or supplier of the person) who has entered into an agreement of indemnification under [section 2210(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210/d&num=0&edition=prelim) (or any subcontractor or supplier of the person) that violates (or is the employer of a person that violates) any regulation promulgated under subsection (a) shall be subject to a civil penalty of not more than $70,000 for each such violation.
(2) **Continuing violations** — If any violation under this subsection is a continuing violation, each day of the violation shall constitute a separate violation for the purpose of computing the civil penalty under paragraph (1).
**(c) Contract penalties**
(1) **In general** — The Secretary shall include in each contract with a contractor of the Department who has entered into an agreement of indemnification under [section 2210(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210/d&num=0&edition=prelim) provisions that provide an appropriate reduction in the fees or amounts paid to the contractor under the contract in the event of a violation by the contractor or contractor employee of any regulation promulgated under subsection (a).
(2) **Contents** — The provisions shall specify various degrees of violations and the amount of the reduction attributable to each degree of violation.
**(d) Coordination of penalties**
(1) **Choice of penalties** — For any violation by a person of a regulation promulgated under subsection (a), the Secretary shall pursue either civil penalties under subsection (b) or contract penalties under subsection (c), but not both.
(2) **Maximum amount** — In the case of an entity described in subsection (d) of [section 2282a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2282a&num=0&edition=prelim), the total amount of civil penalties under subsection (b) and contract penalties under subsection (c) in a fiscal year may not exceed the total amount of fees paid by the Department of Energy to that entity in that fiscal year.
(3) **Coordination with [section 2282a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2282a&num=0&edition=prelim)** — The Secretary shall ensure that a contractor of the Department is not penalized both under this section and under [section 2282a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2282a&num=0&edition=prelim) for the same violation.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
The provisions of Executive Order Numbered 12344, dated February 1, 1982, pertaining to the Naval Nuclear Propulsion Program, shall remain in force until changed by law.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6102
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
There are transferred to, and vested in, the Secretary all functions of the Secretary of Commerce, the Department of Commerce, and officers and components of that Department, as relate to or are utilized by the Office of Energy Programs, but limited to industrial energy conservation programs.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7158
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons subject to penalty** Any person who has entered into an agreement of indemnification under [section 2210(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2210/d&num=0&edition=prelim) (or any subcontractor or supplier thereto) who violates (or whose employee violates) any applicable rule, regulation or order related to nuclear safety prescribed or issued by the Secretary of Energy pursuant to this chapter (or expressly incorporated by reference by the Secretary for purposes of nuclear safety, except any rule, regulation, or order issued by the Secretary of Transportation), or who violates any applicable law, rule, regulation, or order related to nuclear safety whistleblower protections, shall be subject to a civil penalty of not to exceed $100,000 for each such violation. If any violation under this subsection is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Secretary of Energy may carry out this section with respect to the National Nuclear Security Administration by acting through the Administrator for Nuclear Security.
**(b) Determination of amount**
(1) The Secretary shall have the power to compromise, modify or remit, with or without conditions, such civil penalties and to prescribe regulations as he may deem necessary to implement this section.
(2) In determining the amount of any civil penalty under this subsection, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other ma
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2282a
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 5543
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 2282c
that the provisions of this section would not apply to
the University of Chicago for activities associated with
Argonne National Laboratory; the University of Cali-
fornia for activities associated with Los Alamos Na-
tional Laboratory, Lawrence Livermore National Lab-
oratory, and Lawrence Berkeley National Laboratory;
American Telephone and Telegraph Company and its
subsidiaries for activities associated with Sandia Na-
tional Laboratories; Universities Research Association,
Inc. for activities associated with FERMI National
Laboratory; Princeton University for activities associ-
ated with Princeton Plasma Physics Laboratory; the
Associated Universities, Inc. for activities associated
with
the
Brookhaven
National
Laboratory;
and
Battelle Memorial Institute for activities associated
with Pacific Northwest Laboratory.
1999—Pub. L. 106–65 inserted ‘‘safety’’ before ‘‘regula-
tions’’ in section catchline.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2005 AMENDMENT
Pub. L. 109–58, title VI, § 610(c), Aug. 8, 2005, 119 Stat.
782, provided that: ‘‘The amendments made by this sec-
tion [amending this section] shall not apply to any vio-
lation of the Atomic Energy Act of 1954 (42 U.S.C. 2011
et seq.) occurring under a contract entered into before
the date of enactment of this section [Aug. 8, 2005].’’
EFFECTIVE DATE
Section effective Aug. 20, 1988, but inapplicable to
any violation occurring before Aug. 20, 1988, see section
20 of Pub. L. 100–408, set out as an Effective Date of 1988
Amendment note under section 2014 of this title.
§ 2282b. Civil monetary penalties for violations of
Department of Energy regulations regarding
security of classified or sensitive information
or d
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2282c
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.