42 U.S.C. § 7274e — Scholarship and fellowship program for

Page 7100 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7273c of the Department of Energy Organization Act which comprises this chapter. § 7273c. Transferred Editorial Notes CODIFICATION Section, Pub. L. 105–85, div. C, title XXXI, § 3133, Nov. 18, 1997, 111 Stat. 2036; Pub. L. 105–261, div. A, title X, § 1069(b)(3), div. C, title XXXI, § 3131, Oct. 17, 1998, 112 Stat. 2136, 2246, which related to international coopera- tive stockpile stewardship, was renumbered section 4301 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(f)(2)(A)–(C), Nov. 24, 2003, 117 Stat. 1762, and was classified to section 2561 of Title 50, War and National Defense, prior to repeal by Pub. L. 111–84, div. C, title XXXI, § 3117(a), Oct. 28, 2009, 123 Stat. 2709. § 7274. Environmental impact statements relating to defense facilities of Department of Energy (1) The Secretary may not proceed with the preparation of an environmental impact state- ment relating to the construction or operation of a defense facility of the Department of En- ergy if the estimated cost of preparing such statement exceeds $250,000 unless— (A) the Secretary has notified the Commit- tees on Armed Services of the Senate and the House of Representatives of his intent to pre- pare such statement and a period of thirty days has expired after the date on which such notice was received by such committees; or (B) the Secretary has received from each such committee, before the expiration of such thirty-day period, a written notice that the committee agrees with the decision of the Sec- retary regarding the preparation of such state- ment. (2) The provisions of paragraph (1) shall not apply in the case of any environmental impact statement on which the Secretary began prepa- ration before December 4, 1981. (Pub. L. 97–90, title II, § 212(b), Dec. 4, 1981, 95 Stat. 1171.) Editorial Notes CODIFICATION Section was enacted as part of the Department of En- ergy National Security and Military Applications of Nuclear Energy Authorization Act of 1982, and not as part of the Department of Energy Organization Act which comprises this chapter. Statutory Notes and Related Subsidiaries NATIONAL ENVIRONMENTAL POLICY ACT COMPLIANCE REPORT REQUIREMENT Pub. L. 101–510, div. C, title XXXI, § 3133, Nov. 5, 1990, 104 Stat. 1832, directed Secretary of Energy, not later than 30 days after the end of each quarter of fiscal years 1991 and 1992, to submit to Congress a brief report on Department of Energy’s compliance with National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), which was to contain a brief description of each proposed action to be taken by the Department of En- ergy, the environmental impact of which was not clear- ly insignificant, and a description of the steps taken or proposed to be taken by the Department of Energy to assess the environmental impact of the proposed ac- tion, and if the Secretary found that the proposed ac- tion of the Department of Energy would have no sig- nificant impact, the Secretary was to include the ra- tionale for that determination. §§ 7274a to 7274d. Transferred Editorial Notes CODIFICATION Section 7274a, Pub. L. 101–189, div. C, title XXXI, § 3141, Nov. 29, 1989, 103 Stat. 1679; Pub. L. 105–85, div. C, title XXXI, § 3152(g), Nov. 18, 1997, 111 Stat. 2042, which related to a defense waste cleanup technology program, was renumbered section 4406 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(7)(A)–(C), Nov. 24, 2003, 117 Stat. 1765, and is classified to section 2586 of Title 50, War and National Defense. Section 7274b, Pub. L. 101–189, div. C, title XXXI, § 3156, Nov. 29, 1989, 103 Stat. 1683, which related to the submission of reports in connection with permanent closures of Department of Energy defense nuclear fa- cilities, was renumbered section 4422 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(12)(A)–(C), Nov. 24, 2003, 117 Stat. 1766, and is classified to section 2602 of Title 50, War and National Defense. Section 7274c, Pub. L. 101–510, div. C, title XXXI, § 3134, Nov. 5, 1990, 104 Stat. 1833, which related to the submission of reports on environmental restoration ex- penditures, was renumbered section 4407 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(8)(A)–(C), Nov. 24, 2003, 117 Stat. 1765, and is classified to section 2587 of Title 50, War and Na- tional Defense. Section 7274d, Pub. L. 102–190, div. C, title XXXI, § 3131, Dec. 5, 1991, 105 Stat. 1571, which related to work- er protection at nuclear weapons facilities, was renum- bered section 4641 of Pub. L. 107–314, the Bob Stump Na- tional Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(12)(A)–(C), Nov. 24, 2003, 117 Stat. 1779, and is classified to section 2731 of Title 50, War and National Defense. § 7274e. Scholarship and fellowship program for environmental restoration and waste man- agement (a) Establishment The Secretary of Energy shall conduct a schol- arship and fellowship program for the purpose of enabling individuals to qualify for employment in environmental restoration and waste manage- ment positions in the Department of Energy. The scholarship and fellowship program shall be known as the ‘‘Marilyn Lloyd Scholarship and Fellowship Program’’. (b) Eligibility To be eligible to participate in the scholarship and fellowship program, an individual must— (1) be accepted for enrollment or be cur- rently enrolled as a full-time student at an in- stitution of higher education (as defined in section 101 of the Higher Education Act of 1965 [20 U.S.C. 1001]); (2) be pursuing a program of education that leads to an appropriate higher education de- gree in a qualifying field of study, as deter- mined by the Secretary; (3) sign an agreement described in sub- section (c); (4) be a citizen or national of the United States or be an alien lawfully admitted to the United States for permanent residence; and Page 7101 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7274e (5) meet such other requirements as the Sec- retary prescribes. (c) Agreement An agreement between the Secretary and a participant in the scholarship and fellowship program established under this section shall be in writing, shall be signed by the participant, and shall include the following provisions: (1) The Secretary’s agreement to provide the participant with educational assistance for a specified number of school years (not exceed- ing 5) during which the participant is pursuing a program of education in a qualifying field of study. The assistance may include payment of tuition, fees, books, laboratory expenses, and a stipend. (2) The participant’s agreement (A) to accept such educational assistance, (B) to maintain enrollment and attendance in the program of education until completed, (C) while enrolled in such program, to maintain satisfactory aca- demic progress as prescribed by the institu- tion of higher education in which the partici- pant is enrolled, and (D) after completion of the program of education, to serve as a full- time employee in an environmental restora- tion or waste management position in the De- partment of Energy for a period of 12 months for each school year or part thereof for which the participant is provided a scholarship or fellowship under the program established under this section. (d) Repayment (1) Any person participating in a scholarship or fellowship program established under this section shall agree to pay to the United States the total amount of educational assistance pro- vided to the person under the program, plus in- terest at the rate prescribed by paragraph (4), if the person— (A) does not complete the course of edu- cation as agreed to pursuant to subsection (c), or completes the course of education but de- clines to serve in a position in the Department of Energy as agreed to pursuant to subsection (c); or (B) is voluntarily separated from service or involuntarily separated for cause from the De- partment of Energy before the end of the pe- riod for which the person has agreed to con- tinue in the service of the Department of En- ergy. (2) If an employee fails to fulfill his agreement to pay to the Government the total amount of educational assistance provided to the person under the program, plus interest at the rate pre- scribed by paragraph (4), a sum equal to the amount of the educational assistance (plus such interest) is recoverable by the Government from the person or his estate by— (A) in the case of a person who is an em- ployee, setoff against accrued pay, compensa- tion, amount of retirement credit, or other amount due the employee from the Govern- ment; and (B) such other method as is provided by law for the recovery of amounts owing to the Gov- ernment. (3) The Secretary may waive in whole or in part a required repayment under this subsection if the Secretary determines the recovery would be against equity and good conscience or would be contrary to the best interests of the United States. (4) For purposes of repayment under this sec- tion, the total amount of educational assistance provided to a person under the program shall bear interest at the applicable rate of interest under section 427A(c) of the Higher Education Act of 1965 (20 U.S.C. 1077a(c)). (e) Preference for cooperative education stu- dents In evaluating applicants for award of scholar- ships and fellowships under the program, the Secretary of Energy may give a preference to an individual who is enrolled in, or accepted for en- rollment in, an educational institution that has a cooperative education program with the De- partment of Energy. (f) Coordination of benefits A scholarship or fellowship awarded under this section shall be taken into account in deter- mining the eligibility of the student for Federal student financial assistance provided under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.). (g) Award of scholarships and fellowships (1) Subject to paragraph (2), the Secretary shall award at least 20 scholarships (for under- graduate students) and 20 fellowships (for grad- uate students) during fiscal year 1992. (2) The requirement to award 20 scholarships and 20 fellowships under paragraph (1) applies only to the extent there is a sufficient number of applicants qualified for such awards. (h) Report to Congress Not later than January 1, 1993, the Secretary of Energy shall submit to Congress a report on activities undertaken under the program and recommendations for future activities under the program. (i) Funding Of the funds authorized to be appropriated pursuant to section 3101(9)(B), $1,000,000 may be used for the purpose of carrying out this section. (Pub. L. 102–190, div. C, title XXXI, § 3132, Dec. 5, 1991, 105 Stat. 1572; Pub. L. 103–337, div. C, title XXXI, § 3156(b)(1), Oct. 5, 1994, 108 Stat. 3092; Pub. L. 105–244, title I, § 102(a)(13)(F), Oct. 7, 1998, 112 Stat. 1620.) Editorial Notes REFERENCES IN TEXT The Higher Education Act of 1965, referred to in sub- sec. (f), is Pub. L. 89–329, Nov. 8, 1965, 79 Stat. 1219. Title IV of the Act is classified generally to subchapter IV (§ 1070 et seq.) of chapter 28 of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 1001 of Title 20 and Tables. Section 3101(9)(B), referred to in subsec. (i), is section 3101(9)(B) 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. Page 7102 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7274f AMENDMENTS 1998—Subsec. (b)(1). Pub. L. 105–244 substituted ‘‘sec- tion 101 of the Higher Education Act of 1965’’ for ‘‘sec- tion 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a))’’. 1994—Subsec. (a). Pub. L. 103–337 inserted at end ‘‘The scholarship and fellowship program shall be known as the ‘Marilyn Lloyd Scholarship and Fellowship Pro- gram’.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. C, title XXXI, § 3156(b)(2), Oct. 5, 1994, 108 Stat. 3092, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall take effect on January 3, 1995.’’ § 7274f. Transferred Editorial Notes CODIFICATION Section, Pub. L. 102–190, div. C, title XXXI, § 3134, Dec. 5, 1991, 105 Stat. 1575, which related to the Defense En- vironmental Restoration and Waste Management Ac- count, was renumbered section 4401 of Pub. L. 107–314, the Bob Stump National Defense Authorization Act for Fiscal Year 2003, by Pub. L. 108–136, div. C, title XXXI, § 3141(g)(2), Nov. 24, 2003, 117 Stat. 1764, and is classified to section 2581 of Title 50, War and National Defense. § 7274g. Environmental restoration and waste management five-year plan and budget re- ports (a) Five-year plan (1) Not later than September 1 of each year, the Secretary of Energy shall issue a plan for environmental restoration and waste manage- ment activities to be conducted, during the five- year period beginning on October 1 of the next calendar year, at all facilities owned or operated by the Department of Energy except defense nu- clear facilities. The plan also shall contain a de- scription of environmental restoration and waste management activities conducted during the fiscal year in which the plan is submitted and of such activities to be conducted during the fiscal year beginning on October 1 of the same calendar year. Such five-year plan shall be de- signed to complete environmental restoration at all such Department of Energy facilities not later than the year 2019. (2) The Secretary shall prepare each annual five-year plan in a preliminary form at least four months before the date on which that plan is required to be issued under paragraph (1). The preliminary plan shall contain the matters re- ferred to in paragraph (4) (other than the mat- ters referred to in subparagraph (J) of that para- graph). The Secretary shall provide the prelimi- nary plan to the Governors and Attorneys Gen- eral of affected States, appropriate representa- tives of affected Indian tribes, and the public for coordination, review, and comment. (3) At the same time the Secretary issues an annual five-year plan under paragraph (1), the Secretary shall submit the plan to the President and Congress, publish a notice of the issuance of the plan in the Federal Register, and make the plan available to the Governors and Attorneys General of affected States, appropriate rep- resentatives of affected Indian tribes, and the public. (4) The annual five-year plan, and the actions and other matters contained in the plan, shall be in accordance with all laws, regulations, per- mits, orders, and agreements. The plan shall in- clude, with respect to the Department of Energy facilities required by paragraph (1) to be covered by the plan, the following matters: (A) A description of the actions, including identification of specific projects, necessary to maintain or achieve compliance with Federal, State, or local environmental laws, regula- tions, permits, orders, and agreements. (B) A description of the actions, including identification of specific projects, to be taken at each Department of Energy facility in order to implement environmental restoration ac- tivities planned for each such facility. (C) A description of research and develop- ment activities for the expeditious and effi- cient environmental restoration of such facili- ties. (D) A description of the technologies and fa- cilities necessary to carry out the environ- mental restoration activities. (E) A description of the waste management activities, including identification of specific projects, necessary to continue to operate the Department of Energy facilities or to decon- taminate and decommission the facilities, as the case may be. (F) A description of research and develop- ment activities for waste management. (G) A description of the technologies and fa- cilities necessary to carry out the waste man- agement activities. (H) A description of activities and practices that the Secretary is undertaking or plans to undertake to minimize the generation of waste. (I) The estimated costs of, and personnel re- quired for, each project, action, or activity contained in the plan. (J) A description of the respects in which the plan differs from the preliminary form of that plan issued pursuant to paragraph (2), together with the reasons for any differences. (K) A discussion of the implementation of the preceding annual five-year plan. (L) Such other matters as the Secretary finds appropriate and in the public interest. (5) The Secretary shall consult with the Ad- ministrator of the Environmental Protection Agency, Governors and Attorneys General of af- fected States, and appropriate representatives of affected Indian tribes in the preparation of the plan and the preliminary form of the plan pursu- ant to paragraphs (1) and (2). The Secretary shall include as an appendix to the plan (A) all comments submitted on the preliminary form of the plan by the Administrator, Governors and Attorneys General of affected States, and af- fected Indian tribes, and (B) a summary of com- ments submitted by the public. (6) The first annual five-year plan issued pur- suant to this section shall be issued in 1992.