
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7274o]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7274o. Reports on critical difficulties at nuclear weapons 
        laboratories and nuclear weapons production plants
        

(a) Reports by heads of laboratories and plants

    In the event of a difficulty at a nuclear weapons laboratory or a 
nuclear weapons production plant that has a significant bearing on 
confidence in the safety or reliability of a nuclear weapon or nuclear 
weapon type, the head of the laboratory or plant, as the case may be, 
shall submit to the Assistant Secretary of Energy for Defense Programs a 
report on the difficulty. The head of the laboratory or plant shall 
submit the report as soon as practicable after discovery of the 
difficulty.

(b) Transmittal by Assistant Secretary

    Not later than 10 days after receipt of a report under subsection 
(a) of this section, the Assistant Secretary shall transmit the report 
(together with the comments of the Assistant Secretary) to the 
congressional defense committees, to the Secretary of Energy and the 
Secretary of Defense, and to the President.

(c) Omitted

(d) Inclusion of reports in annual stockpile certification

    Any report submitted pursuant to subsection (a) of this section 
shall also be included with the decision documents that accompany the 
annual certification of the safety and reliability of the United States 
nuclear weapons stockpile which is provided to the President for the 
year in which such report is submitted.

(e) Definitions

    In this section:
        (1) The term ``nuclear weapons laboratory'' means the following:
            (A) Lawrence Livermore National Laboratory, California.
            (B) Los Alamos National Laboratory, New Mexico.
            (C) Sandia National Laboratories.

        (2) The term ``nuclear weapons production plant'' means the 
    following:
            (A) The Pantex Plant, Texas.
            (B) The Savannah River Site, South Carolina.
            (C) The Kansas City Plant, Missouri.
            (D) The Y-12 Plant, Oak Ridge, Tennessee.

(Pub. L. 104-201, div. C, title XXXI, Sec. 3159, Sept. 23, 1996, 110 
Stat. 2842; Pub. L. 105-85, div. A, title XIII, Sec. 1305(c), (d), Nov. 
18, 1997, 111 Stat. 1954; Pub. L. 106-65, div. C, title XXXI, 
Sec. 3163(f), Oct. 5, 1999, 113 Stat. 946.)

                          Codification

    Section is comprised of section 3159 of Pub. L. 104-201. Subsec. (c) 
of section 3159 of Pub. L. 104-201 amended section 179 of Title 10, 
Armed Forces.
    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Year 1997, and not as part of the Department of Energy 
Organization Act which comprises this chapter.


                               Amendments

    1999--Subsecs. (d), (e). Pub. L. 106-65 added subsec. (d) and 
redesignated former subsec. (d) as (e).
    1997--Subsec. (b). Pub. L. 105-85 substituted ``Not later than 10 
days'' for ``As soon as practicable'' and ``committees,'' for 
``committees and'' and inserted before period at end ``, and to the 
President''.

                          Transfer of Functions

    All national security functions and activities performed immediately 
before Oct. 5, 1999, by nuclear weapons laboratories and production 
facilities defined in this section, transferred to the Administrator for 
Nuclear Security of the National Nuclear Security Administration of the 
Department of Energy, see section 2481 of Title 50, War and National 
Defense.


              ``Congressional Defense Committees'' Defined

    Congressional defense committees means the Committees on Armed 
Services and Appropriations of the Senate and the House of 
Representatives, see section 3 of Pub. L. 104-201, 110 Stat. 2439, as 
amended by Pub. L. 106-65, div. A, title X, Sec. 1067(5), Oct. 5, 1999, 
113 Stat. 774.

                  Section Referred to in Other Sections

    This section is referred to in section 7274p of this title.
