42 U.S.C. § 2282 — Civil penalties

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-