42 U.S.C. § 10226 — Nuclear Regulatory Commission training

Page 8021 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10226 1 So in original. Probably should be ‘‘repositories.’’ § 10224. Office of Civilian Radioactive Waste Management (a) Establishment There hereby is established within the Depart- ment of Energy an Office of Civilian Radioactive Waste Management. The Office shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall be compensated at the rate payable for level IV of the Executive Sched- ule under section 5315 of title 5. (b) Functions of Director The Director of the Office shall be responsible for carrying out the functions of the Secretary under this chapter, subject to the general super- vision of the Secretary. The Director of the Of- fice shall be directly responsible to the Sec- retary. (c) Annual report to Congress The Director of the Office shall annually pre- pare and submit to the Congress a comprehen- sive report on the activities and expenditures of the Office. (d) Audit by GAO If requested by either House of the Congress (or any committee thereof) or if considered nec- essary by the Comptroller General, the Govern- ment Accountability Office shall conduct an audit of the Office, in accord with such regula- tions as the Comptroller General may prescribe. The Comptroller General shall have access to such books, records, accounts, and other mate- rials of the Office as the Comptroller General de- termines to be necessary for the preparation of such audit. The Comptroller General shall sub- mit a report on the results of each audit con- ducted under this section. (Pub. L. 97–425, title III, § 304, Jan. 7, 1983, 96 Stat. 2261; Pub. L. 104–66, title I, § 1052(l), Dec. 21, 1995, 109 Stat. 719; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes AMENDMENTS 2004—Subsec. (d). Pub. L. 108–271 substituted ‘‘Govern- ment Accountability Office’’ for ‘‘General Accounting Office’’. 1995—Subsec. (d). Pub. L. 104–66 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘The Comptroller General of the United States shall annually make an audit of the Of- fice, in accordance with such regulations as the Comp- troller General may prescribe. The Comptroller Gen- eral shall have access to such books, records, accounts, and other materials of the Office as the Comptroller General determines to be necessary for the preparation of such audit. The Comptroller General shall submit to the Congress a report on the results of each audit con- ducted under this section.’’ Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to annual sub- mittal of report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 13th item on page 91 of House Document No. 103–7. § 10225. Location of test and evaluation facility (a) Report to Congress Not later than 1 year after January 7, 1983, the Secretary shall transmit to the Congress a re- port setting forth whether the Secretary plans to locate the test and evaluation facility at the site of a repository. (b) Procedures (1) If the test and evaluation facility is to be located at any candidate site or repository site (A) site selection and development of such facil- ity shall be conducted in accordance with the procedures and requirements established in sub- chapter I with respect to the site selection and development of repositories; and (B) the Sec- retary may not commence construction of any surface facility for such test and evaluation fa- cility prior to issuance by the Commission of a construction authorization for a repository at the site involved. (2) No test and evaluation facility may be con- verted into a repository unless site selection and development of such facility was conducted in accordance with the procedures and require- ments established in subchapter I with respect to the site selection and development of respositories.1 (3) The Secretary may not commence con- struction of a test and evaluation facility at a candidate site or site recommended as the loca- tion for a repository prior to the date on which the designation of such site is effective under section 10135 of this title. (Pub. L. 97–425, title III, § 305, Jan. 7, 1983, 96 Stat. 2262.) § 10226. Nuclear Regulatory Commission training authorization The Nuclear Regulatory Commission is au- thorized and directed to promulgate regulations, or other appropriate Commission regulatory guidance, for the training and qualifications of civilian nuclear powerplant operators, super- visors, technicians and other appropriate oper- ating personnel. Such regulations or guidance shall establish simulator training requirements for applicants for civilian nuclear powerplant operator licenses and for operator requalifica- tion programs; requirements governing NRC ad- ministration of requalification examinations; requirements for operating tests at civilian nu- clear powerplant simulators, and instructional requirements for civilian nuclear powerplant li- censee personnel training programs. Such regu- lations or other regulatory guidance shall be promulgated by the Commission within the 12- month period following January 7, 1983, and the Commission within the 12-month period fol- lowing January 7, 1983, shall submit a report to Congress setting forth the actions the Commis- sion has taken with respect to fulfilling its obli- gations under this section. (Pub. L. 97–425, title III, § 306, Jan. 7, 1983, 96 Stat. 2262.) Page 8022 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 10241 SUBCHAPTER IV—NUCLEAR WASTE NEGOTIATOR § 10241. ‘‘State’’ defined For purposes of this subchapter, the term ‘‘State’’ means each of the several States and the District of Columbia. (Pub. L. 97–425, title IV, § 401, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–243; amended Pub. L. 102–486, title VIII, § 802(b), Oct. 24, 1992, 106 Stat. 2923.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. AMENDMENTS 1992—Pub. L. 102–486 substituted ‘‘several States and the District of Columbia.’’ for ‘‘several States, the Dis- trict of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the North- ern Mariana Islands, the Trust Territory of the Pacific Islands, any other territory or possession of the United States, and the Republic of the Marshall Islands.’’ § 10242. Office of Nuclear Waste Negotiator (a) Establishment There is established the Office of the Nuclear Waste Negotiator that shall be an independent establishment in the executive branch. (b) Nuclear Waste Negotiator (1) The Office shall be headed by a Nuclear Waste Negotiator who shall be appointed by the President, by and with the advice and consent of the Senate. The Negotiator shall hold office at the pleasure of the President, and shall be com- pensated at the rate provided for level III of the Executive Schedule in section 5314 of title 5. (2) The Negotiator shall attempt to find a State or Indian tribe willing to host a repository or monitored retrievable storage facility at a technically qualified site on reasonable terms and shall negotiate with any State or Indian tribe which expresses an interest in hosting a re- pository or monitored retrievable storage facil- ity. (Pub. L. 97–425, title IV, § 402, as added Pub. L. 100–202, § 101(d) [title III], Dec. 22, 1987, 101 Stat. 1329–104, 1329–121; Pub. L. 100–203, title V, § 5041, Dec. 22, 1987, 101 Stat. 1330–243; amended Pub. L. 100–507, § 1, Oct. 18, 1988, 102 Stat. 2541.) Editorial Notes CODIFICATION Pub. L. 100–202 and Pub. L. 100–203 added identical sections. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–507 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘There is established within the Executive Office of the President the Office of the Nuclear Waste Nego- tiator.’’ § 10243. Duties of Negotiator (a) Negotiations with potential hosts (1) The Negotiator shall— (A) seek to enter into negotiations on behalf of the United States, with— (i) the Governor of any State in which a potential site is located; and (ii) the governing body of any Indian tribe on whose reservation a potential site is lo- cated; and (B) attempt to reach a proposed agreement between the United States and any such State or Indian tribe specifying the terms and condi- tions under which such State or tribe would agree to host a repository or monitored re- trievable storage facility within such State or reservation. (2) In any case in which State law authorizes any person or entity other than the Governor to negotiate a proposed agreement under this sec- tion on behalf of the State, any reference in this subchapter to the Governor shall be considered to refer instead to such other person or entity. (b) Consultation with affected States, subdivi- sions of States, and tribes In addition to entering into negotiations under subsection (a), the Negotiator shall con- sult with any State, affected unit of local gov- ernment, or any Indian tribe that the Nego- tiator determines may be affected by the siting of a repository or monitored retrievable storage facility and may include in any proposed agree- ment such terms and conditions relating to the interest of such States, affected units of local government, or Indian tribes as the Negotiator determines to be reasonable and appropriate. (c) Consultation with other Federal agencies The Negotiator may solicit and consider the comments of the Secretary, the Nuclear Regu- latory Commission, or any other Federal agency on the suitability of any potential site for site characterization. Nothing in this subsection shall be construed to require the Secretary, the Nuclear Regulatory Commission, or any other Federal agency to make a finding that any such site is suitable for site characterization. (d) Proposed agreement (1) The Negotiator shall submit to the Con- gress any proposed agreement between the United States and a State or Indian tribe nego- tiated under subsection (a) and an environ- mental assessment prepared under section 10244(a) of this title for the site concerned. (2) Any such proposed agreement shall contain such terms and conditions (including such finan- cial and institutional arrangements) as the Ne- gotiator and the host State or Indian tribe de- termine to be reasonable and appropriate and shall contain such provisions as are necessary to preserve any right to participation or compensa- tion of such State, affected unit of local govern- ment, or Indian tribe under sections 10136(c), 10137, and 10138(b) of this title. (3)(A) No proposed agreement entered into under this section shall have legal effect unless enacted into Federal law. (B) A State or Indian tribe shall enter into an agreement under this section in accordance with the laws of such State or tribe. Nothing in this section may be construed to prohibit the dis- approval of a proposed agreement between a