US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 2282c

Worker health and safety rules for Department of Energy nuclear facilities

(a)

Regulations required

(1)

In general

section 2210(d) of this titlesection 553 of title 5The Secretary shall promulgate regulations for industrial and construction health and safety at Department of Energy facilities that are operated by contractors covered by agreements of indemnification under , after public notice and opportunity for comment under (commonly known as the “Administrative Procedure Act”). Such regulations shall, subject to paragraph (3), provide a level of protection for workers at such facilities that is substantially equivalent to the level of protection currently provided to such workers at such facilities.

(2)

Applicability

Public Law 98–525The regulations promulgated under paragraph (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 (as in force pursuant to section 1634 of the Department of Defense Authorization Act, 1985 ()).

(3)

Flexibility

In promulgating the regulations under paragraph (1), the Secretary shall include flexibility—
(A)
to tailor implementation of such regulations to reflect activities and hazards associated with a particular work environment;
(B)
to take into account special circumstances at a facility that is, or is expected to be, permanently closed and that is expected to be demolished, or title to which is expected to be transferred to another entity 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 otherwise affect the enforcement or the application of any other law, regulation, order, or contractual obligation relating to worker health and safety.

(b)

Civil penalties

(1)

In general

section 2210(d) of this titleA person (or any subcontractor or supplier of the person) who has entered into an agreement of indemnification under (or any subcontractor or supplier of the person) that violates (or is the employer of a person that violates) any regulation promulgated 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

section 2210(d) of this titleThe Secretary shall include in each contract with a contractor of the Department who has entered into an agreement of indemnification under 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 regulation 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 Secretary shall pursue either civil penalties under subsection (b) or contract penalties under subsection (c), but not both.

(2)

Maximum amount

section 2282a of this titleIn the case of an entity described in subsection (d) of , the total amount of civil penalties under subsection (b) and contract penalties under subsection (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)

section 2282a of this title Coordination with

section 2282a of this titleThe Secretary shall ensure that a contractor of the Department is not penalized both under this section and under for the same violation.

Aug. 1, 1946, ch. 724Pub. L. 107–314, div. C, title XXXI, § 3173(a)116 Stat. 2743(, title I, § 234C, as added , , .)

Editorial Notes

References in Text

section 6102 of Title 10Executive Order No. 12344, referred to in subsec. (a)(2), is set out as a note under , Armed Forces.

Public Law 98–525section 7158 of this titlesection 4101 of Pub. L. 107–314117 Stat. 1757section 2511 of Title 50section 6102 of Title 10Pub. L. 119–60, div. C, title XXXI, § 3111(a)139 Stat. 1340Section 1634 of the Department of Defense Authorization Act, 1985 (), referred to in subsec. (a)(2), was formerly set out as a note under , was renumbered by Pub. L 108–136, div. C, title XXXI, § 3141(d)(2), , , and classified to , War and National Defense, and was repealed and restated as , Armed Forces, by , (b)(1), , , 1458.

Statutory Notes and Related Subsidiaries

Promulgation of Initial Regulations

Pub. L. 107–314, div. C, title XXXI, § 3173(b)116 Stat. 2745

“(1)

Deadline for promulgating regulations .—

42 U.S.C. 2282c(a)The Secretary of Energy shall promulgate the regulations required by subsection a. of section 234C of the Atomic Energy Act of 1954 [] (as added by subsection (a)) not later than one year after the date of the enactment of this Act [].
“(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 regulations.”
, , , provided that:

Prohibition

Pub. L. 107–314, div. C, title XXXI, § 3173(c)116 Stat. 2745

42 U.S.C. 2282a“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 penalties under section 234A or 234C of the Atomic Energy Act of 1954 [, 2282c], or the responsibility of the Secretary to implement and enforce such regulations, until after the date on which the regulations for such purposes under such section 234C take effect in accordance with subsection (b) [set out as a note above].”
, , , provided that: