42 U.S.C. § 2282a — Civil monetary penalties for violation of

Page 5541 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2282a ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2281. Contempt proceedings In case of failure or refusal to obey a subpena served upon any person pursuant to section 2201(c) of this title, the district court for any district in which such person is found or resides or transacts business, upon application by the Attorney General on behalf of the United States, shall have jurisdiction to issue an order requir- ing such person to appear and give testimony or to appear and produce documents, or both, in ac- cordance with the subpena; and any failure to obey such order of the court may be punished by such court as a contempt thereof. (Aug. 1, 1946, ch. 724, title I, § 233, formerly § 231, as added Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 960; renumbered § 233, Aug. 6, 1956, ch. 1015, § 6, 70 Stat. 1070; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes PRIOR PROVISIONS Provisions similar to this section were contained in section 1816(d) of this title, prior to the general amend- ment and renumbering of act Aug. 1, 1946, by act Aug. 30, 1954. § 2282. Civil penalties (a) Violations of licensing requirements Any person who (1) violates any licensing or certification provision of section 2073, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title or any rule, regulation, or order issued thereunder, or any term, condition, or limita- tion of any license or certification issued there- under, (2) violates any provision of section 2077 of this title, or (3) commits any violation for which a license may be revoked under section 2236 of this title, shall be subject to a civil pen- alty, to be imposed by the Commission, of not to exceed $100,000 for each such violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The Commission shall have the power to compromise, mitigate, or remit such pen- alties. (b) Notice Whenever the Commission has reason to be- lieve that a person has become subject to the imposition of a civil penalty under the provi- sions of this section, it shall notify such person in writing (1) setting forth the date, facts, and nature of each act or omission with which the person is charged, (2) specifically identifying the particular provision or provisions of the section, rule, regulation, order, or license involved in the violation, and (3) advising of each penalty which the Commission proposes to impose and its amount. Such written notice shall be sent by registered or certified mail by the Commission to the last known address of such person. The person so notified shall be granted an oppor- tunity to show in writing, within such reason- able period as the Commission shall by regula- tion prescribe, why such penalty should not be imposed. The notice shall also advise such per- son that upon failure to pay the civil penalty subsequently determined by the Commission, if any, the penalty may be collected by civil ac- tion. (c) Collection of penalties On the request of the Commission, the Attor- ney General is authorized to institute a civil ac- tion to collect a penalty imposed pursuant to this section. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to him for collection. (Aug. 1, 1946, ch. 724, title I, § 234, as added Pub. L. 91–161, § 4, Dec. 24, 1969, 83 Stat. 444; amended Pub. L. 96–295, title II, § 206, June 30, 1980, 94 Stat. 787; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 104–134, title III, § 3116(d), Apr. 26, 1996, 110 Stat. 1321–350; Pub. L. 115–232, div. C, title XXXI, § 3116(b), Aug. 13, 2018, 132 Stat. 2291.) Editorial Notes AMENDMENTS 2018—Subsec. (a). Pub. L. 115–232 struck out ‘‘2077,’’ after ‘‘2073,’’ and substituted ‘‘(2) violates any provision of section 2077 of this title, or (3)’’ for ‘‘or (2)’’. 1996—Subsec. (a). Pub. L. 104–134, in first sentence, substituted ‘‘any licensing or certification provision of section 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, 2139, or 2297f of this title’’ for ‘‘any licensing provi- sion of section 2073, 2077, 2092, 2093, 2111, 2112, 2131, 2133, 2134, 2137, or 2139 of this title’’ and ‘‘any license or cer- tification issued thereunder’’ for ‘‘any license issued thereunder’’. 1980—Subsec. (a). Pub. L. 96–295 substituted $100,000 penalty limitation per violation for $5,000 limit per vio- lation and $25,000 limit for all violations taking place within any thirty consecutive day period. § 2282a. Civil monetary penalties for violation of Department of Energy safety and whistle- blower regulations (a) Persons subject to penalty Any person who has entered into an agreement of indemnification under section 2210(d) of this title (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 Sec- retary of Energy pursuant to this chapter (or ex- pressly incorporated by reference by the Sec- retary for purposes of nuclear safety, except any rule, regulation, or order issued by the Sec- retary 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 ex- ceed $100,000 for each such violation. If any vio- lation 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 Administra- tion by acting through the Administrator for Nuclear Security. (b) Determination of amount (1) The Secretary shall have the power to com- promise, modify or remit, with or without con- Page 5542 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2282a 1 So in original. Probably should be ‘‘(e)’’. ditions, such civil penalties and to prescribe reg- ulations as he may deem necessary to imple- ment this section. (2) In determining the amount of any civil penalty under this subsection, the Secretary shall take into account the nature, cir- cumstances, 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 mat- ters as justice may require. (c) Assessment and payment (1) Before issuing an order assessing a civil penalty against any person under this section, the Secretary shall provide to such person no- tice of the proposed penalty. Such notice shall inform such person of his opportunity to elect in writing within thirty days after the date of re- ceipt of such notice to have the procedures of paragraph (3) (in lieu of those of paragraph (2)) apply with respect to such assessment. (2)(A) Unless an election is made within thirty calendar days after receipt of notice under para- graph (1) to have paragraph (3) apply with re- spect to such penalty, the Secretary shall assess the penalty, by order, after a determination of violation has been made on the record after an opportunity for an agency hearing pursuant to section 554 of title 5 before an administrative law judge appointed under section 3105 of such title 5. Such assessment order shall include the administrative law judge’s findings and the basis for such assessment. (B) Any person against whom a penalty is as- sessed under this paragraph may, within sixty calendar days after the date of the order of the Secretary assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial re- view of such order in accordance with chapter 7 of title 5. The court shall have jurisdiction to enter a judgment affirming, modifying, or set- ting aside in whole or in part, the order of the Secretary, or the court may remand the pro- ceeding to the Secretary for such further action as the court may direct. (3)(A) In the case of any civil penalty with re- spect to which the procedures of this paragraph have been elected, the Secretary shall promptly assess such penalty, by order, after the date of the election under paragraph (1). (B) If the civil penalty has not been paid with- in sixty calendar days after the assessment order has been made under subparagraph (A), the Secretary shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and facts involved, and shall have jurisdiction to enter a judgment en- forcing, modifying, and enforcing as so modified, or setting aside in whole or in part, such assess- ment. (C) Any election to have this paragraph apply may not be revoked except with consent of the Secretary. (4) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order under paragraph (2), or after the appropriate district court has entered final judgment in favor of the Secretary under para- graph (3), the Secretary shall institute an action to recover the amount of such penalty in any ap- propriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. (d) Limitation for not-for-profit institutions (1) Notwithstanding subsection (a), in the case of any not-for-profit contractor, subcontractor, or supplier, the total amount of civil penalties paid under subsection (a) may not exceed the total amount of fees paid within any 1-year pe- riod (as determined by the Secretary) under the contract under which the violation occurs. (2) For purposes of this section, the term ‘‘not- for-profit’’ means that no part of the net earn- ings of the contractor, subcontractor, or sup- plier inures to the benefit of any natural person or for-profit artificial person. e 1 Nuclear safety whistleblower protections In this section, the term ‘‘nuclear safety whis- tleblower protections’’ means the protections for employees of contractors or subcontractors from reprisals pursuant to section 4712 of title 41, section 5851 of this title, or other provisions of Federal law (including rules, regulations, or orders) affording such protections, with respect to disclosures or other activities covered by such protections that relate to nuclear safety. (Aug. 1, 1946, ch. 724, title I, § 234A, as added Pub. L. 100–408, § 17, Aug. 20, 1988, 102 Stat. 1081; re- numbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 106–65, div. C, title XXXI, § 3147(c), Oct. 5, 1999, 113 Stat. 938; Pub. L. 109–58, title VI, § 610(a), (b), Aug. 8, 2005, 119 Stat. 781; Pub. L. 116–92, div. C, title XXXI, § 3131, Dec. 20, 2019, 133 Stat. 1958.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 2019—Pub. L. 116–92, § 3131(1), inserted ‘‘and whistle- blower’’ after ‘‘safety’’ in section catchline. Subsec. (a). Pub. L. 116–92, § 3131(2), inserted ‘‘, or who violates any applicable law, rule, regulation, or order related to nuclear safety whistleblower protections,’’ before ‘‘shall be subject to a civil penalty’’ and inserted at end ‘‘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.’’ Subsec. (e). Pub. L. 116–92, § 3131(3), added subsec. (e). 2005—Subsec. (b)(2). Pub. L. 109–58, § 610(a), struck out at end ‘‘In implementing this section, the Secretary shall determine by rule whether nonprofit educational institutions should receive automatic remission of any penalty under this section.’’ Subsec. (d). Pub. L. 109–58, § 610(b), amended subsec. (d) generally. Prior to amendment, subsec. (d) provided 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 data (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 appli- cable rule, regulation, or order prescribed or otherwise issued by the Secretary pursuant to this chapter relating to the safeguarding or se- curity 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 con- tractor or contractor employee of any rule, reg- ulation, 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 de- gree of violation. (c) Powers and limitations The powers and limitations applicable to the assessment of civil penalties under section 2282a of this title, 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— (1) the assessment of any civil penalty under subsection (a) against that entity may not be made until the entity enters into a new con- tract with the Department of Energy or an ex- tension of a current contract with the Depart- ment; 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 Depart- ment of Energy to that entity in that fiscal year. (Aug. 1, 1946, ch. 724, title I, § 234B, as added Pub. L. 106–65, div. C, title XXXI, § 3147(a), Oct. 5, 1999, 113 Stat. 937.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 106–65, div. C, title XXXI, § 3147(b), Oct. 5, 1999, 113 Stat. 938, provided that: ‘‘Subsection a. of section 234B of the Atomic Energy Act of 1954 [42 U.S.C. 2282b(a)], as added by subsection (a), applies to any vio- lation after the date of the enactment of this Act [Oct. 5, 1999].’’ § 2282c. Worker health and safety rules for De- partment of Energy nuclear facilities (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 agree- ments of indemnification under section 2210(d) of this title, after public notice and oppor- tunity for comment under section 553 of title 5 (commonly known as the ‘‘Administrative Procedure Act’’). Such regulations shall, sub- ject to paragraph (3), provide a level of protec- tion for workers at such facilities that is sub- stantially equivalent to the level of protection currently provided to such workers at such fa- cilities. (2) Applicability The regulations promulgated under para- graph (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 Au- thorization Act, 1985 (Public Law 98–525)). (3) Flexibility In promulgating the regulations under para- graph (1), the Secretary shall include flexi- bility— (A) to tailor implementation of such regu- lations to reflect activities and hazards asso- ciated with a particular work environment;