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42 U.S.C. § 2282b — Civil monetary penalties for violations of Department of Energy regulations regarding security of classified or sensitive information or data
Federal law — U.S. Code and appendices · legal_authorities
**(a) Persons subject to penalty** Any person who has entered into a contract or agreement with the Department of Energy, or a subcontract or subagreement thereto, and who violates (or whose employee violates) any applicable rule, regulation, or order prescribed or otherwise issued by the Secretary pursuant to this chapter relating to the safeguarding or security of Restricted Data or other classified or sensitive information shall be subject to a civil penalty of not to exceed $100,000 for each such violation.
**(b) Fee or payment reductions for violations** The Secretary shall include in each contract with a contractor of the Department provisions which 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 rule, regulation, or order relating to the safeguarding or security of Restricted Data or other classified or sensitive information. The provisions shall specify various degrees of violations and the amount of the reduction attributable to each degree of violation.
**(c) Powers and limitations** The powers and limitations applicable to the assessment of civil penalties under [section 2282a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2282a&num=0&edition=prelim), except for subsection (d) of that section, shall apply to the assessment of civil penalties under this section.
**(d) Application to certain entities** In the case of an entity specified 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)—
(1) the assessment of any civil penalty under subsection (a) against that entity may not be made until
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Source file: Laws/federal/codes/united-states-code/title-42/section-2282b-civil-monetary-penalties-for-violations-of-department-of-energy-regulati--f123668c8b.md
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Source location: Title 42, Chapter 23, § 2282b; chapter-023-development-and-control-of-atomic-energy.md
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**(a) Persons subject to penalty** Any person who has entered into a contract or agreement with the Department of Energy, or a subcontract or subagreement thereto, and who violates (or whose employee violates) any applicable rule, regulation, or order prescribed or otherwise issued by the Secretary pursuant to this chapter relating to the safeguarding or security of Restricted Data or other classified or sensitive information shall be subject to a civil penalty of not to exceed $100,000 for each such violation.
**(b) Fee or payment reductions for violations** The Secretary shall include in each contract with a contractor of the Department provisions which 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 rule, regulation, or order relating to the safeguarding or security of Restricted Data or other classified or sensitive information. The provisions shall specify various degrees of violations and the amount of the reduction attributable to each degree of violation.
**(c) Powers and limitations** The powers and limitations applicable to the assessment of civil penalties under [section 2282a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2282a&num=0&edition=prelim), except for subsection (d) of that section, shall apply to the assessment of civil penalties under this section.
**(d) Application to certain entities** In the case of an entity specified 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)—
(1) the assessment of any civil penalty under subsection (a) against that entity may not be made until the entity enters into a new contract with the Department of Energy or an extension of a current contract with the Department; and
(2) the total amount of civil penalties under subsection (a) 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.
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Federal law — U.S. Code and appendices · legal_authorities
Atomic energy is capable of application for peaceful as well as military purposes. It is therefore declared to be the policy of the United States that—
**(a)** the development, use, and control of atomic energy shall be directed so as to make the maximum contribution to the general welfare, subject at all times to the paramount objective of making the maximum contribution to the common defense and security; and
**(b)** the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2011
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is hereby established a commission to be known as the Commission on Safeguards, Security, and Counterintelligence at Department of Energy Facilities (in this section referred to as the “Commission”).
**(b) Membership and organization**
(1) The Commission shall be composed of nine members appointed from among individuals in the public and private sectors who have significant experience in matters related to the security of nuclear weapons and materials, the classification of information, or counterintelligence matters, as follows:
(A) Two shall be appointed by the chairman of the Committee on Armed Services of the Senate, in consultation with the ranking member of that Committee.
(B) One shall be appointed by the ranking member of the Committee on Armed Services of the Senate, in consultation with the chairman of that Committee.
(C) Two shall be appointed by the chairman of the Committee on Armed Services of the House of Representatives, in consultation with the ranking member of that Committee.
(D) One shall be appointed by the ranking member of the Committee on Armed Services of the House of Representatives, in consultation with the chairman of that Committee.
(E) One shall be appointed by the Secretary of Defense.
(F) One shall be appointed by the Director of the Federal Bureau of Investigation.
(G) One shall be appointed by the Director of Central Intelligence.
(2) Members of the Commission shall be appointed for four year terms, except as follows:
(A) One member initially appointed under paragraph (1)(A) shall serve a term of two years, to be designated at the time of appointment.
(B) One member initially appointed under paragraph (1)(C) shall serve a term of two years, to be designated at the time of appoint
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7383a to 7383d
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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. § 2282b
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