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, div. C, title XXXI, § 3131(u)(1), Jan. 2, 2013, 126 Stat. 2184. § 7271a. Repealed. Pub. L. 105–85, div. C, title XXXI, § 3152(h), Nov. 18, 1997, 111 Stat. 2042 Section, Pub. L. 101–189, div. C, title XXXI, § 3143, Nov. 29, 1989, 103 Stat. 1681, related to major Depart- ment of Energy national security programs. § 7271b. Repealed. Pub. L. 106–65, div. C, title XXXII, § 3294(f), Oct. 5, 1999, 113 Stat. 970 Section, Pub. L. 104–201, div. C, title XXXI, § 3155, Sept. 23, 1996, 110 Stat. 2841, related to requirement for annual five-year budget for national security programs of Department of Energy. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under sec- tion 2401 of Title 50, War and National Defense. § 7271c. Repealed. Pub. L. 105–85, div. C, title XXXI, § 3152(b), Nov. 18, 1997, 111 Stat. 2042 Section, Pub. L. 104–201, div. C, title XXXI, § 3156, Sept. 23, 1996, 110 Stat. 2841, related to requirements for Department of Energy weapons activities budgets for fiscal years after fiscal year 1997. §§ 7271d to 7273a. Transferred Editorial Notes CODIFICATION Section 7271d, Pub. L. 107–314, div. C, title XXXI, § 3143, Dec. 2, 2002, 116 Stat. 2733, which related to re- quirements for specific funding requests for new or modified nuclear weapons, was renumbered section 4209 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(e)(10), Nov. 24, 2003, 117 Stat. 1759, and is classified to section 2529 of Title 50, War and National Defense. Section 7272, Pub. L. 96–540, title II, § 210, Dec. 17, 1980, 94 Stat. 3202, which prohibited the use of funds for pur- poses related to the licensing of defense activities or fa- cilities of the Department of Energy by the Nuclear Regulatory Commission, was renumbered section 4103 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(d)(4)(A)–(C)(ii), Nov. 24, 2003, 117 Stat. 1757, and is classified to section 2513 of Title 50, War and National Defense. 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 re- numbered section 4722 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(j)(5)(A)–(C)(ii), Nov. 24, 2003, 117 Stat. 1781, 1782, and is classified to section 2762 of Title 50, War and Na- tional Defense. Section 7273a, Pub. L. 99–661, div. C, title I, § 3132, Nov. 14, 1986, 100 Stat. 4063, which related to restric- tions on the use of funds to pay penalties under envi- ronmental laws, was renumbered section 4721 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(j)(4)(A)–(C), Nov. 24, 2003, 117 Stat. 1781, and is classified to section 2761 of Title 50, War and Na- tional Defense. § 7273b. Security investigations (1) No funds appropriated to the Department of Energy may be obligated or expended for the conduct of an investigation by the Department of Energy or any other Federal department or agency for purposes of determining whether to grant a security clearance to an individual or a facility unless the Secretary of Energy deter- mines both of the following: (A) That a current, complete investigation file is not available from any other depart- ment or agency of the Federal government with respect to that individual or facility. (B) That no other department or agency of the Federal government is conducting an in- vestigation with respect to that individual or facility that could be used as the basis for de- termining whether to grant the security clear- ance. (2) For purposes of paragraph (1)(A), a current investigation file is a file on an investigation that has been conducted within the past five years. (Pub. L. 101–510, div. C, title XXXI, § 3104(d), Nov. 5, 1990, 104 Stat. 1828.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1991, and not as part 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