42 U.S.C. § 5842 — Licensing and related regulatory func-

Page 6610 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5842 not require a Reorganization Plan. Second, I have con- sistently favored funding assistance to intervenors in regulatory proceedings. This is particularly important in the case of nuclear safety regulation. I therefore en- courage the Commission to include consideration of in- tervenor funding as part of its review and upgrading of the licensing process, as called for by the Kemeny Com- mission. I have also requested Congress to appropriate funds for this purpose. This activity cannot be author- ized by a Reorganization Plan. NO ADDED COSTS This proposed realignment and clarification of re- sponsibilities would not result in an increase or de- crease of expenditures. But placing management re- sponsibilities in the Chairman would result in greater attention to developing and implementing nuclear safe- ty policies and to strict enforcement of the terms of li- censes granted by the Commission. Each of the provisions of this proposed reorganization would also accomplish one or more of the purposes set forth in 5 U.S.C. 901(a). No statutory functions would be abolished by the Plan; rather they would be consoli- dated or reassigned in order to improve management, delivery of services, execution of the law, and overall operational efficiency and effectiveness of the Commis- sion. By Executive Order No. 12202, dated March 18, 1980 [42 U.S.C. 5848 note], I established a Nuclear Safety Over- sight Committee to advise me of progress being made by the Nuclear Regulatory Commission, the nuclear in- dustry, and others in improving nuclear safety. I am confident that the present Reorganization Plan, to- gether with the other steps that have been or are being taken by this Administration and by others, will great- ly advance the goal of nuclear safety. It would permit the Commission and the American people to hold one individual—the Chairman—accountable for implemen- tation of the Commission’s policies through effective management of the Commission staff. Freed of manage- ment and administrative details, the Commission could then concentrate on the purpose for which that colle- gial body was created—to deliberate on the formulation of policy and rules to govern nuclear safety and to de- cide or oversee disposition of individual cases. JIMMY CARTER. THE WHITE HOUSE, March 27, 1980. MESSAGE OF THE PRESIDENT To the Congress of the United States: I herewith transmit the following amendments to Re- organization Plan No. 1 of 1980, which I sent to the Con- gress on March 27, 1980. The amendments to Reorganization Plan No. 1 are consistent with my original intent of strengthening the management of the Nuclear Regulatory Commission in order to improve safety in all of the agency’s activities, while preserving the advantages of the Commission form. The amendments reinforce the purpose of the Plan in two respects. First, the amended Plan gives the Commission a greater role in selection of key program officers of the agency by adding four positions to the list of appointments initiated by the Chairman for the Commission’s advice and consent. These are the Execu- tive Director for Operations, the Director of Inspection and Enforcement, the Director of Nuclear Regulatory Research, and the Director of Standards Development. Each of these positions contributes to nuclear safety regulation, and each performs functions that help de- termine the policy and performance of the agency. The Advisory Committee on Reactor Safeguards ad- vises the Commission as a whole. Since its members serve renewable 4-year terms, another amendment pro- vides that a Commission member, as well as the Chair- man, can initiate an appointment to the Advisory Com- mittee on Reactor Safeguards for approval by the Com- mission. As a means to ensure that the flow of information to the Commission will not be restricted, the Plan has been amended to make explicit that the Chairman, and the Executive Director of Operations through the Chairman, shall keep the Commission fully and cur- rently informed. The second general purpose of the amendments is to provide for more effective management of the agency by making more explicit the responsibilities of the Chairman and the Executive Director for Operations acting under his direction. As amended, the Plan charges the Chairman with planning for the develop- ment of policy for consideration and approval by the Commission. In the past, this responsibility has not been clearly fixed and has consequently been neglected. The amended Plan continues to make clear that the Executive Director for Operations reports to the Chair- man. An amendment, however, requires the Chairman to delegate to the Executive Director for Operations the authority to appoint the staff and the day-to-day administration of the agency. Under this arrangement, the Chairman retains responsibility for the delegated functions but will be better able to handle his other leadership tasks. In summary, the amendments I am transmitting to Reorganization Plan No. 1 of 1980, based on review and hearings conducted by the Congress and on continued consultations, will help establish a more accountable central management structure for the Nuclear Regu- latory Commission as it pursues its statutory objective of ensuring safety in the use of nuclear power. JIMMY CARTER. THE WHITE HOUSE, May 5, 1980. EXECUTIVE ORDER NO. 11902 Ex. Ord. No. 11902, Feb. 2, 1976, 41 F.R. 4877, as amend- ed by Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, which set out procedures for the export licensing policy as to nuclear materials and equipment, was revoked by Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out as a note under section 3201 of Title 22, Foreign Relations and Intercourse. § 5842. Licensing and related regulatory func- tions respecting selected Administration fa- cilities Notwithstanding the exclusions provided for in section 110a. [42 U.S.C. 2140(a)] or any other provisions of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], the Nuclear Regulatory Commission shall, except as other- wise specifically provided by section 110b. of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2140(b)), or other law, have licensing and related regulatory authority pursuant to chap- ters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2071 et seq., 2091 et seq., 2111 et seq., 2131 et seq.], as to the following facilities of the Administration: (1) Demonstration Liquid Metal Fast Breed- er reactors when operated as part of the power generation facilities of an electric utility sys- tem, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor. (2) Other demonstration nuclear reactors— except those in existence on the effective date of this chapter—when operated as part of the power generation facilities of an electric util- ity system, or when operated in any other manner for the purpose of demonstrating the suitability for commercial application of such a reactor. (3) Facilities used primarily for the receipt and storage of high-level radioactive wastes resulting from activities licensed under such Act. Page 6611 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5843 (4) Retrievable Surface Storage Facilities and other facilities authorized for the express purpose of subsequent long-term storage of high-level radioactive waste generated by the Administration, which are not used for, or are part of, research and development activities. (5) Any facility under a contract with and for the account of the Department of Energy that is utilized for the express purpose of fab- ricating mixed plutonium-uranium oxide nu- clear reactor fuel for use in a commercial nu- clear reactor licensed under such Act, other than any such facility that is utilized for re- search, development, demonstration, testing, or analysis purposes. (Pub. L. 93–438, title II, § 202, Oct. 11, 1974, 88 Stat. 1244; Pub. L. 105–261, div. C, title XXXI, § 3134(a), Oct. 17, 1998, 112 Stat. 2247.) Editorial Notes REFERENCES IN TEXT The Atomic Energy Act of 1954, as amended, referred to in text, is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, which is classified principally to chapter 23 (§ 2011 et seq.) of this title. Chapters 6, 7, 8, and 10 of the Atomic Energy Act of 1954, as amended, are classified generally to sub- chapters V (§ 2071 et seq.), VI (§ 2091 et seq.), VII (§ 2111 et seq.), and IX (§ 2131 et seq.) of division A of chapter 23 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. The effective date of this chapter, referred to in par. (2), refers to the effective date of Pub. L. 93–438. See section 312 of Pub. L. 93–438, set out as an Effective Date; Interim Appointments note under section 5801 of this title. AMENDMENTS 1998—Par. (5). Pub. L. 105–261 added par. (5). Statutory Notes and Related Subsidiaries AVAILABILITY OF FUNDS FOR LICENSING BY NRC Pub. L. 105–261, div. C, title XXXI, § 3134(b), Oct. 17, 1998, 112 Stat. 2247, provided that: ‘‘Section 210 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1981 (42 U.S.C. 7272 [now 50 U.S.C. 2513]) shall not apply to any licensing activities required pursuant to section 202(5) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842), as added by subsection (a).’’ APPLICABILITY OF OCCUPATIONAL SAFETY AND HEALTH REQUIREMENTS TO ACTIVITIES UNDER LICENSE Pub. L. 105–261, div. C, title XXXI, § 3134(c), Oct. 17, 1998, 112 Stat. 2247, provided that: ‘‘Any activities car- ried out under a license required pursuant to section 202(5) of the Energy Reorganization Act of 1974 (42 U.S.C. 5842), as added by subsection (a), shall be subject to regulation under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).’’ VERBAL COMMUNICATIONS BETWEEN COMMISSION HEAD- QUARTERS AND REGIONAL OFFICES AND LICENSED UTI- LIZATION FACILITIES Pub. L. 96–295, title III, § 305(a), June 30, 1980, 94 Stat. 790, provided that: ‘‘As expeditiously as practicable, the Nuclear Regulatory Commission shall establish a mechanism for instantaneous and uninterrupted verbal communication between each utilization facility li- censed to operate under section 103 or section 104 b. of the Atomic Energy Act of 1954 [section 2133 or 2134(b) of this title] on the date of enactment of this Act [June 30, 1980], or thereafter, and ‘‘(1) Commission headquarters, and ‘‘(2) the appropriate Commission regional office.’’ STUDY OF EXTENSION OF LICENSING AND REGULATORY AUTHORITY OF COMMISSION; REPORT TO CONGRESS Pub. L. 95–601, § 12, Nov. 6, 1978, 92 Stat. 2953, directed Commission, in cooperation with Department of En- ergy, to conduct a study of extending the Commission’s licensing or regulatory authority to include categories of existing and future Federal radioactive waste stor- age and disposal activities not presently subject to such authority, and on or before Mar. 1, 1979, to submit a report to Congress containing results of study, which report was to include a complete listing and inventory of all radioactive waste storage and disposal activities being conducted or planned by Federal agencies. Executive Documents TRANSFER OF FUNCTIONS For transfer of certain functions from Nuclear Regu- latory Commission to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94 Stat. 3585, set out as a note under section 5841 of this title. § 5843. Office of Nuclear Reactor Regulation (a) Establishment; appointment of Director There is hereby established in the Commission an Office of Nuclear Reactor Regulation under the direction of a Director of Nuclear Reactor Regulation, who shall be appointed by the Com- mission, who may report directly to the Com- mission, as provided in section 5849 of this title, and who shall serve at the pleasure of and be re- movable by the Commission. (b) Functions of Director Subject to the provisions of this chapter, the Director of Nuclear Reactor Regulation shall perform such functions as the Commission shall delegate, including the following: (1) Principal licensing and regulation involv- ing all facilities, and materials licensed under the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], associated with the con- struction and operation of nuclear reactors li- censed under the Atomic Energy Act of 1954, as amended; (2) Review the safety and safeguards of all such facilities, materials, and activities, and such review functions shall include, but not be limited to— (A) monitoring, testing and recommending upgrading of systems designed to prevent substantial health or safety hazards; and (B) evaluating methods of transporting special nuclear and other nuclear materials and of transporting and storing high-level radioactive wastes to prevent radiation haz- ards to employees and the general public. (3) Recommend research necessary to fulfill the licensing and regulatory oversight func- tions of the Commission. (c) Licensing process In carrying out the principal licensing and regulation functions under subsection (b)(1), the Director of Nuclear Reactor Regulation shall— (1) establish techniques and guidance for evaluating applications for licenses for nu- clear reactors to support efficient, timely, and predictable reviews of applications for those licenses to enable the safe and secure use of nuclear reactors;