
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2282a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
                 SUBCHAPTER XVII--ENFORCEMENT OF CHAPTER
 
Sec. 2282a. Civil monetary penalties for violation of Department 
        of Energy safety 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 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) 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.

(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 matters as justice may require. In 
implementing this section, the Secretary shall determine by rule whether 
nonprofit educational institutions should receive automatic remission of 
any penalty under this section.

(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 
notice of the proposed penalty. Such notice shall inform such person of 
his opportunity to elect in writing within thirty days after the date of 
receipt 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 paragraph (1) to have paragraph (3) apply with 
respect 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 assessed 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 review of such order in accordance with chapter 7 of title 5. 
The court shall have jurisdiction to enter a judgment affirming, 
modifying, or setting aside in whole or in part, the order of the 
Secretary, or the court may remand the proceeding to the Secretary for 
such further action as the court may direct.
    (3)(A) In the case of any civil penalty with respect 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 within 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 
enforcing, modifying, and enforcing as so modified, or setting aside in 
whole or in part, such assessment.
    (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 paragraph (3), the Secretary shall 
institute an action to recover the amount of such penalty in any 
appropriate 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) Excepted institutions

    The provisions of this section shall not apply to:
        (1) The University of Chicago (and any subcontractors or 
    suppliers thereto) for activities associated with Argonne National 
    Laboratory;
        (2) The University of California (and any subcontractors or 
    suppliers thereto) for activities associated with Los Alamos 
    National Laboratory, Lawrence Livermore National Laboratory, and 
    Lawrence Berkeley National Laboratory;
        (3) American Telephone an \1\ Telegraph Company and its 
    subsidiaries (and any subcontractors or suppliers thereto) for 
    activities associated with Sandia National Laboratories;
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``and''.
---------------------------------------------------------------------------
        (4) Universities Research Association, Inc. (and any 
    subcontractors or suppliers thereto) for activities associated with 
    FERMI National Laboratory;
        (5) Princeton University (and any subcontractors or suppliers 
    thereto) for activities associated with Princeton Plasma Physics 
    Laboratory;
        (6) The Associated Universities, Inc. (and any subcontractors or 
    suppliers thereto) for activities associated with the Brookhaven 
    National Laboratory; and
        (7) Battelle Memorial Institute (and any subcontractors or 
    suppliers thereto) for activities associated with Pacific Northwest 
    Laboratory.

(Aug. 1, 1946, ch. 724, title I, Sec. 234A, as added Pub. L. 100-408, 
Sec. 17, Aug. 20, 1988, 102 Stat. 1081; renumbered title I, Pub. L. 102-
486, title IX, Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended 
Pub. L. 106-65, div. C, title XXXI, Sec. 3147(c), Oct. 5, 1999, 113 
Stat. 938.)


                               Amendments

    1999--Pub. L. 106-65 inserted ``safety'' before ``regulations'' in 
section catchline.


                             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.

                  Section Referred to in Other Sections

    This section is referred to in section 2282b of this title.
