Page:United States Statutes at Large Volume 100 Part 5.djvu/589

 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 4063

usually be six months from the date of the request by the contractor for assignment of such rights). (b) MATTERS TO BE CONSIDERED.—In making a decision under this Defense and section, the Secretary shall consider, in addition to the applicable national policies of section 152 of the Atomic Enerf^^ Act of 1954 (42 U.S.C. security. 2182) or subsections (c) and (d) of section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908)— (1) whether national security will be compromised; (2) whether sensitive technical information (whether classified or unclassified) under the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy for which dissemination is controlled under Federal statutes and regulations will be released to unauthorized persons; (3) whether an organizational conflict of interest contemplated by Federal statutes and regulations will result; and (4) whether failure to assert such a claim will adversely affect the operation of the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy. SEC. 3132. RESTRICTION ON USE OF FUNDS TO PAY PENALTIES UNDER 42 USC 7273a. 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or (2) the Congress has appropriated funds for such purpose (and such funds have not been sequestered, deferred, or rescinded) and the Secretary of Energy fails to use the funds for such purpose. SEC. 3133. COMMUNITY ASSISTANCE PAYMENTS

Section 1532 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1986 (title XV of Public Law 99-145; 99 Stat. 773) is amended by adding at the end the following new subsection:

42 USC 2391 note.

"(d) RULE OF CONSTRUCTION.—The authority of the Secretary of Tennessee.

Energy under subsection (a) to provide a final financial settlement with Anderson County and Roane County, Tennessee, and with the City of Oak Ridge, Tennessee, and terminate all annual assistance payments made to those entities pursuant to section 91 of the Atomic Energy Community Act of 1955 (42 U.S.C. 2391) does not affect any other right, function, or duty of the Secretary with respect to such Act (42 U.S.C. 2301), and the Secretary shall consider the purposes of such Act a continuing atomic energy defense function of the Department of Energy.".

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