
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7274d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7274d. Worker protection at nuclear weapons facilities


(a) Training grant program

    (1) The Secretary of Energy is authorized to award grants to 
organizations referred to in paragraph (2) in order for such 
organizations--
        (A) to provide training and education to persons who are or may 
    be engaged in hazardous substance response or emergency response at 
    Department of Energy nuclear weapons facilities; and
        (B) to develop curricula for such training and education.

    (2)(A) Subject to subparagraph (B), the Secretary is authorized to 
award grants under paragraph (1) to non-profit organizations that have 
demonstrated (as determined by the Secretary) capabilities in--
        (i) implementing and conducting effective training and education 
    programs relating to the general health and safety of workers; and
        (ii) identifying, and involving in training, groups of workers 
    whose duties include hazardous substance response or emergency 
    response.

    (B) The Secretary shall give preference in the award of grants under 
this section to employee organizations and joint labor-management 
training programs that are grant recipients under section 9660a of this 
title.
    (3) An organization awarded a grant under paragraph (1) shall carry 
out training, education, or curricula development pursuant to Department 
of Energy orders relating to employee safety training, including orders 
numbered 5480.4 and 5480.11.

(b) Enforcement of employee safety standards

    (1) Subject to paragraph (2), the Secretary shall assess civil 
penalties against any contractor of the Department of Energy who (as 
determined by the Secretary)--
        (A) employs individuals who are engaged in hazardous substance 
    response or emergency response at Department of Energy nuclear 
    weapons facilities; and
        (B) fails (i) to provide for the training of such individuals to 
    carry out such hazardous substance response or emergency response, 
    or (ii) to certify to the Department of Energy that such employees 
    are adequately trained for such response pursuant to orders issued 
    by the Department of Energy relating to employee safety training 
    (including orders numbered 5480.4 and 5480.11).

    (2) Civil penalties assessed under this subsection may not exceed 
$5,000 for each day in which a failure referred to in paragraph (1)(B) 
occurs.

(c) Regulations

    The Secretary shall prescribe regulations to carry out this section.

(d) ``Hazardous substance'' defined

    For the purposes of this section, the term ``hazardous substance'' 
includes radioactive waste and mixed radioactive and hazardous waste.

(e) Funding

    Of the funds authorized to be appropriated pursuant to section 
3101(9)(A), $10,000,000 may be used for the purpose of carrying out this 
section.

(Pub. L. 102-190, div. C, title XXXI, Sec. 3131, Dec. 5, 1991, 105 Stat. 
1571.)

                       References in Text

    Section 3101(9)(A), referred to in subsec. (e), is section 
3101(9)(A) of Pub. L. 102-190, div. C, title XXXI, Dec. 5, 1991, 105 
Stat. 1564, which is not classified to the Code.

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Years 1992 and 1993, and not as part of the Department of 
Energy Organization Act which comprises this chapter.
