42 U.S.C. § 2282b — Civil monetary penalties for violations of

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;