DEPARTMENT OF ENERGY REGULATIONS RELATING TO THE SAFEGUARDING AND SECURITY OF RESTRICTED DATA.

SEC. 3147. DEPARTMENT OF ENERGY REGULATIONS RELATING TO THE SAFEGUARDING AND SECURITY OF RESTRICTED DATA. (a) In General.—Chapter 18 of title I of the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.) is amended by inserting after section 234A the following new section: “Sec. 234B. Civil Monetary Penalties for Violations of Department of Energy Regulations Regarding Security of Classified or Sensitive Information or Data.— “a. 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 Act 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. 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. The powers and limitations applicable to the assessment of civil penalties under section 234A, except for subsection d. of that section, shall apply to the assessment of civil penalties under this section. “d. In the case of an entity specified in subsection d. of section 234A— “(1) the assessment of any civil penalty under subsection a. 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. in a fiscal year may not exceed the total amount of fees 113 STAT. 938paid by the Department of Energy to that entity in that fiscal year.”. (b) Applicability.—Subsection a. of section 234B of the Atomic Energy Act of 1954, as added by subsection (a), applies to any violation after the date of the enactment of this Act. (c) Clarifying Amendment.—The section heading of section 234A of such Act (42 U.S.C. 2282a) is amended by inserting “Safety” before “Regulations”. (d) Clerical Amendment.—The table of sections for that Act is amended by inserting after the item relating to section 234 the following new items: “Sec. 234A. Civil Monetary Penalties for Violations of Department of Energy Safety Regulations. “Sec. 234B. Civil Monetary Penalties for Violations of Department of Energy Regulations Regarding Security of Classified or Sensitive Information or Data.”.