SUBCHAPTER II—PENALTIES

Editorial Notes

Codification

Subchapter analysis added pursuant to operation of section 102 of this title.

§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(2) Congress has appropriated funds for such purpose (and such funds have not been sequestered, deferred, or rescinded) and the Secretary of Energy fails to use the funds for such purpose.

(Added Pub. L. 119–60, div. C, title XXXI, §3111(a), Dec. 18, 2025, 139 Stat. 1437.)

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in section 2761 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).

§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 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.

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 enacted sections 2513 and 2762 of Title 50, War and National Defense, and other provisions not classified to the Code. Section 2513 of Title 50 was repealed and restated as section 6106 of this title by Pub. L. 119–60, div. C, title XXXI, §3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1343, 1458. Section 2762 of Title 50 was repealed and restated as this section by Pub. L. 119–60, div. C, title XXXI, §3111(a), (b)(1), Dec. 18, 2025, 139 Stat. 1437, 1458. For complete classification of this Act to the Code, see Tables.

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 section 7401 of Title 42 and Tables.

Prior Provisions

Provisions similar to those in this section were contained in section 2762 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, §3111(b)(1).