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42 U.S.C. § 7273b — Transferred

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42 U.S.C. § 7273b — Transferred

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Source location: Title 42, Chapter 84, § 7273b; chapter-084-department-of-energy.md

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### Statutory Notes #### Codification Section 7271d, Pub. L. 107–314, div. C, title XXXI, § 3143, Dec. 2, 2002, 116 Stat. 2733, which related to requirements for specific funding requests for new or modified nuclear weapons, was renumbered section 4209 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(e)(10), Nov. 24, 2003, 117 Stat. 1759, and was formerly classified to [section 2529 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2529&num=0&edition=prelim), War and National Defense. See [section 6120 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6120&num=0&edition=prelim), Armed Forces. Section 7272, Pub. L. 96–540, title II, § 210, Dec. 17, 1980, 94 Stat. 3202, which prohibited the use of funds for purposes related to the licensing of defense activities or facilities of the Department of Energy by the Nuclear Regulatory Commission, was renumbered section 4103 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(d)(4)(A)–(C)(ii), Nov. 24, 2003, 117 Stat. 1757, and was formerly classified to [section 2513 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2513&num=0&edition=prelim), War and National Defense. See [section 6106 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6106&num=0&edition=prelim), Armed Forces. Section 7273, Pub. L. 96–540, title II, § 211, Dec. 17, 1980, 94 Stat. 3203, which related to restrictions on the use of funds to pay penalties under the Clean Air Act, was renumbered section 4722 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(5)(A)–(C)(ii), Nov. 24, 2003, 117 Stat. 1781, 1782, and was formerly classified to [section 2762 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2762&num=0&edition=prelim), War and National Defense. See [section 6302 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6302&num=0&edition=prelim), Armed Forces. Section 7273a, Pub. L. 99–661, div. C, title I, § 3132, Nov. 14, 1986, 100 Stat. 4063, which related to restrictions on the use of funds to pay penalties under environmental laws, was renumbered section 4721 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(4)(A)–(C), Nov. 24, 2003, 117 Stat. 1781, and was formerly classified to [section 2761 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2761&num=0&edition=prelim), War and National Defense. See [section 6301 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6301&num=0&edition=prelim), Armed Forces.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 6302 — Restriction on use of funds to pay penalties under Clean Air Act

None of the funds authorized to be appropriated by the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (Public Law 96–540; 94 Stat. 3197) or any other Act may be used to pay any penalty, fine, forfeiture, or settlement resulting from a failure to comply with the Clean Air Act ([42 U.S.C. 7401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7401&num=0&edition=prelim) et seq.) with respect to any defense activity of the Department of Energy if— (1) the Secretary finds that compliance is physically impossible within the time prescribed for compliance; or (2) the President has specifically requested appropriations for compliance and Congress has failed to appropriate funds for such purpose.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 6301 — Restriction on use of funds to pay penalties under environmental laws

**(a) Restriction.—** Funds appropriated to the Department of Energy for the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy may not be used to pay a penalty, fine, or forfeiture in regard to a defense activity or facility of the Department of Energy due to a failure to comply with any environmental requirement. **(b) Exception.—** Subsection (a) shall not apply with respect to an environmental requirement if— (1) the President fails to request funds for compliance with the environmental requirement; or (2) Congress has appropriated funds for such purpose (and such funds have not been sequestered, deferred, or rescinded) and the Secretary of Energy fails to use the funds for such purpose.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 6120 — Requirements for specific request for new or modified nuclear weapons

**(a) Requirement for Request for Funds for Development.—** (1) In any fiscal year after fiscal year 2002 in which the Secretary of Energy plans to carry out activities described in paragraph (2) relating to the development of a new nuclear weapon or modified nuclear weapon beyond phase 2 or phase 6.2 (as the case may be) of the nuclear weapon acquisition process, the Secretary— (A) shall specifically request funds for such activities in the budget of the President for that fiscal year under [section 1105(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105/a&num=0&edition=prelim); and (B) may carry out such activities only if amounts are authorized to be appropriated for such activities by an Act of Congress consistent with section 660 of the Department of Energy Organization Act ([42 U.S.C. 7270](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7270&num=0&edition=prelim)). (2) The activities described in this paragraph are as follows: (A) The conduct, or provision for conduct, of research and development for the production of a new nuclear weapon by the United States. (B) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a new nuclear weapon by the United States. (C) The conduct, or provision for conduct, of research and development for the production of a modified nuclear weapon by the United States. (D) The conduct, or provision for conduct, of engineering or manufacturing to carry out the production of a modified nuclear weapon by the United States. **(b) Budget Request Format.—** In a request for funds under subsection (a), the Secretary shall include a dedicated line item for each activity described in subsection (a)(2) f

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10 U.S.C. § 6106 — Restriction on licensing requirement for certain defense activities and facilities

None of the funds authorized to be appropriated by the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (Public Law 96–540; 94 Stat. 3197) or any other Act may be used for any purpose related to licensing of any defense activity or facility of the Department of Energy by the Nuclear Regulatory Commission.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7273b — Security investigations

Page 7099 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7273b Editorial Notes REFERENCES IN TEXT The Energy Policy and Conservation Act, referred to in subsec. (a), is Pub. L. 94–163, Dec. 22, 1975, 89 Stat. 871. Part B of title I of the Act is classified generally to part B (§ 6231 et seq.) of subchapter I of chapter 77 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6201 of this title and Tables. § 7270c. Annual assessment and report on vulner- ability of facilities to terrorist attack (a) The Secretary shall, on an annual basis, conduct a comprehensive assessment of the vul- nerability of Department facilities to terrorist attack. (b) Not later than January 31 each year, the Secretary shall submit to Congress a report on the assessment conducted under subsection (a) during the preceding year. Each report shall in- clude the results of the assessment covered by such report, together with such findings and rec- ommendations as the Secretary considers appro- priate. (Pub. L. 95–91, title VI, § 663, as added Pub. L. 107–107, div. C, title XXXI, § 3154(a), Dec. 28, 2001, 115 Stat. 1377.) § 7271. Transferred Editorial Notes CODIFICATION Section, Pub. L. 95–509, title II, § 208, Oct. 24, 1978, 92 Stat. 1779, which related to single annual requests by the Secretary for authorizations of appropriations for programs involving the common defense and security of the United States, was renumbered section 4731 of Pub. L. 107–314, the Bob Stump National Defense Au- thorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(j)(7), Nov. 24, 2003, 117 Stat. 1782, and was classified to section 2771 of Title 50, War and National Defense, prior to repeal by Pub. L. 112–239,

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