42 U.S.C. § 2282c — Worker health and safety rules for De-

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; Page 5544 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2283 (B) to take into account special cir- cumstances at a facility that is, or is ex- pected to be, permanently closed and that is expected to be demolished, or title to which is expected to be transferred to another enti- ty 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 other- wise affect the enforcement or the application of any other law, regulation, order, or contrac- tual 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 (or any subcontractor or supplier of the person) that violates (or is the employer of a person that violates) any regulation promul- gated 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 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 reg- ulation 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 Sec- retary shall pursue either civil penalties under subsection (b) or contract penalties under sub- section (c), but not both. (2) Maximum amount In the case of an entity described in sub- section (d) of section 2282a of this title, the total amount of civil penalties under sub- section (b) and contract penalties under sub- section (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 The Secretary shall ensure that a contractor of the Department is not penalized both under this section and under section 2282a of this title for the same violation. (Aug. 1, 1946, ch. 724, title I, § 234C, as added Pub. L. 107–314, div. C, title XXXI, § 3173(a), Dec. 2, 2002, 116 Stat. 2743.) Editorial Notes REFERENCES IN TEXT Executive Order No. 12344, referred to in subsec. (a)(2), is set out as a note under section 2511 of Title 50, War and National Defense. Section 1634 of the Department of Defense Authoriza- tion Act, 1985 (Public Law 98–525), referred to in subsec. (a)(2), is set out as a note under section 2511 of Title 50, War and National Defense. Statutory Notes and Related Subsidiaries PROMULGATION OF INITIAL REGULATIONS Pub. L. 107–314, div. C, title XXXI, § 3173(b), Dec. 2, 2002, 116 Stat. 2745, provided that: ‘‘(1) DEADLINE FOR PROMULGATING REGULATIONS.—The Secretary of Energy shall promulgate the regulations required by subsection a. of section 234C of the Atomic Energy Act of 1954 [42 U.S.C. 2282c(a)] (as added by sub- section (a)) not later than one year after the date of the enactment of this Act [Dec. 2, 2002]. ‘‘(2) EFFECTIVE DATE.—The regulations promulgated under paragraph (1) shall take effect on the date that is one year after the promulgation date of the regula- tions.’’ PROHIBITION Pub. L. 107–314, div. C, title XXXI, § 3173(c), Dec. 2, 2002, 116 Stat. 2745, provided that: ‘‘The Secretary of Energy shall not participate in or otherwise support any study or other project relating to a modification in the scope of the regulations enforceable by civil pen- alties under section 234A or 234C of the Atomic Energy Act of 1954 [42 U.S.C. 2282a, 2282c], or the responsibility of the Secretary to implement and enforce such regula- tions, until after the date on which the regulations for such purposes under such section 234C take effect in ac- cordance with subsection (b) [set out as a note above].’’ § 2283. Protection of nuclear inspectors (a) Homicide Whoever kills any person who performs any inspections which— (1) are related to any activity or facility li- censed by the Commission, and (2) are carried out to satisfy requirements under this chapter or under any other Federal law governing the safety of utilization facili- ties required to be licensed under section 2133 or 2134(b) of this title, or the safety of radio- active materials, shall be punished as provided under sections 1111 and 1112 of title 18. The preceding sentence shall be applicable only if such person is killed while engaged in the performance of such inspection duties or on account of the performance of such duties. (b) Assault Whoever forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any per- son who performs inspections as described under subsection (a) of this section, while such person is engaged in such inspection duties or on ac- count of the performance of such duties, shall be punished as provided under section 111 of title 18.