Page:United States Statutes at Large Volume 116 Part 4.djvu/316

 116 STAT. 2744 PUBLIC LAW 107-314—DEC. 2, 2002 42 USC 2282c. "SEC. 234C. WORKER HEALTH AND SAFETY RULES FOR DEPARTMENT 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 agreements of indemnification under section 170 d. of the Atomic Energy Act of 1954, after public notice and opportunity for comment under section 553 of title 5, United States Code (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. — The 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 February 1, 1982 (42 U.S.C. 7158 note) (as in force pursuant to section 1634 of the Department of Defense Authorization Act, 1985 (Public Law 98-525; 42 U.S.C. 7158 note)). "(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. — ^A person (or any subcontractor or supplier of the person) who has entered into an agreement of indemnification under section 170 d. (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. — The Secretary shall include in each contract with a contractor of the Department who has entered into an agreement of indemnification under section 170 d. provisions that provide an appropriate reduction in the fees or amounts paid to the contractor under the contract in the event

�