50 U.S.C. § 2771 — Repealed. Pub. L. 112–239, div. C, title

Page 507 TITLE 50—WAR AND NATIONAL DEFENSE § 2772 (Pub. L. 107–314, div. D, title XLVII, § 4718, as added Pub. L. 117–81, div. C, title XXXI, § 3112(a), Dec. 27, 2021, 135 Stat. 2220.) PART B—PENALTIES § 2761. Restriction on use of funds to pay pen- alties under environmental laws (a) Restriction Funds appropriated to the Department of En- ergy for the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atom- ic 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 re- quirement. (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 require- ment; or (2) Congress has appropriated funds for such purpose (and such funds have not been seques- tered, deferred, or rescinded) and the Sec- retary of Energy fails to use the funds for such purpose. (Pub. L. 107–314, div. D, title XLVII, § 4721, for- merly Pub. L. 99–661, div. C, title I, § 3132, Nov. 14, 1986, 100 Stat. 4063; renumbered Pub. L. 107–314, div. D, title XLVII, § 4721, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(4), Nov. 24, 2003, 117 Stat. 1781; Pub. L. 113–66, div. C, title XXXI, § 3146(h)(5), Dec. 26, 2013, 127 Stat. 1081.) Editorial Notes CODIFICATION Section was formerly classified to section 7273a of Title 42, The Public Health and Welfare, prior to re- numbering by Pub. L. 108–136. AMENDMENTS 2013—Subsec. (b)(2). Pub. L. 113–66 substituted ‘‘Con- gress’’ for ‘‘the Congress’’. 2003—Pub. L. 108–136, § 3141(j)(4)(D), made technical amendment to section catchline. § 2762. Restriction on use of funds to pay pen- alties under Clean Air Act None of the funds authorized to be appro- priated 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 set- tlement resulting from a failure to comply with the Clean Air Act (42 U.S.C. 7401 et seq.) with re- spect to any defense activity of the Department of Energy if— (1) the Secretary finds that compliance is physically impossible within the time pre- scribed for compliance; or (2) the President has specifically requested appropriations for compliance and Congress has failed to appropriate funds for such pur- pose. (Pub. L. 107–314, div. D, title XLVII, § 4722, for- merly Pub. L. 96–540, title II, § 211, Dec. 17, 1980, 94 Stat. 3203; renumbered Pub. L. 107–314, div. D, title XLVII, § 4722, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(5), Nov. 24, 2003, 117 Stat. 1781; Pub. L. 113–66, div. C, title XXXI, § 3146(h)(6), Dec. 26, 2013, 127 Stat. 1081; Pub. L. 113–291, div. C, title XXXI, § 3142(r), Dec. 19, 2014, 128 Stat. 3901.) Editorial Notes REFERENCES IN TEXT The Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981, referred to in text, is Pub. L. 96–540, Dec. 17, 1980, 94 Stat. 3197, which insofar as classified to the Code, enacted this section and section 2513 of this title. The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 7401 of Title 42 and Tables. CODIFICATION Section was formerly classified to section 7273 of Title 42, The Public Health and Welfare, prior to re- numbering by Pub. L. 108–136. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following appropriations act: Pub. L. 96–164, title II, § 211, Dec. 29, 1979, 93 Stat. 1264. AMENDMENTS 2014—Pub. L. 113–291 substituted ‘‘Department of En- ergy if—’’ for ‘‘Department of Energy if’’ before par. (1) designation and ‘‘; or’’ for ‘‘, or’’ at end of par. (1) and realigned margins of pars. (1) and (2). 2013—Pub. L. 113–66 inserted ‘‘; 94 Stat. 3197’’ after ‘‘Public Law 96–540’’ and substituted ‘‘Congress’’ for ‘‘the Congress’’. 2003—Pub. L. 108–136, § 3141(j)(5)(C), made technical amendment to section catchline and substituted ‘‘the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (Public Law 96–540) or any other Act’’ for ‘‘this or any other Act’’ in text. PART C—OTHER MATTERS § 2771. Repealed. Pub. L. 112–239, div. C, title XXXI, § 3131(u)(1), Jan. 2, 2013, 126 Stat. 2184 Section, Pub. L. 107–314, div. D, title XLVII, § 4731, formerly Pub. L. 95–509, title II, § 208, Oct. 24, 1978, 92 Stat. 1779; renumbered Pub. L. 107–314, div. D, title XLVII, § 4731, and amended Pub. L. 108–136, div. C, title XXXI, § 3141(j)(7), Nov. 24, 2003, 117 Stat. 1782, provided that the Secretary was to submit to the Congress for fiscal year 1980, and for each subsequent fiscal year, a single request for authorization of appropriations for common defense and security programs. § 2772. Reports on financial balances for atomic energy defense activities (a) Reports required (1) In general Concurrent with the submission of the budg- et justification materials submitted to Con- gress in support of the budget of the President for a fiscal year (submitted to Congress pursu- ant to section 1105(a) of title 31), the Secretary of Energy shall submit to the congressional