
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: 42USC2282b]

 
                 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. 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 applicable rule, regulation, 
or order prescribed or otherwise issued by the Secretary pursuant to 
this chapter relating to the safeguarding or security 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 contractor or contractor employee of any rule, 
regulation, 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 degree 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) of 
    this section against that entity may not be made until the entity 
    enters into a new contract with the Department of Energy or an 
    extension of a current contract with the Department; and
        (2) the total amount of civil penalties under subsection (a) of 
    this section 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.

(Aug. 1, 1946, ch. 724, title I, Sec. 234B, as added Pub. L. 106-65, 
div. C, title XXXI, Sec. 3147(a), Oct. 5, 1999, 113 Stat. 937.)


                             Effective Date

    Pub. L. 106-65, div. C, title XXXI, Sec. 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 violation after the date of the enactment of this Act 
[Oct. 5, 1999].''
