42 U.S.C. § 5844 — Office of Nuclear Safety and Safeguards

Page 6612 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5844 (2) maintain the techniques and guidance es- tablished under paragraph (1) by periodically assessing and, if necessary, modifying those techniques and guidance; and (3) obtain approval from the Commission if establishment or modification of the tech- niques and guidance under paragraph (1) or (2) involves policy formulation. (d) Responsibility for safe operation of facilities Nothing in this section shall be construed to limit in any way the functions of the Adminis- tration relating to the safe operation of all fa- cilities resulting from all activities within the jurisdiction of the Administration pursuant to this chapter. (Pub. L. 93–438, title II, § 203, Oct. 11, 1974, 88 Stat. 1244; Pub. L. 118–67, div. B, title V, § 505(a), July 9, 2024, 138 Stat. 1477.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (d), was in the original ‘‘this Act’’, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganiza- tion Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. The Atomic Energy Act of 1954, referred to in subsec. (b)(1), 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. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 2024—Subsec. (a). Pub. L. 118–67, § 505(a)(1), inserted heading. Subsec. (b). Pub. L. 118–67, § 505(a)(2)(A), inserted heading and substituted ‘‘delegate, including the fol- lowing:’’ for ‘‘delegate including:’’ in introductory pro- visions. Subsec. (b)(3). Pub. L. 118–67, § 505(a)(2)(B), substituted ‘‘to fulfill the licensing and regulatory oversight’’ for ‘‘for the discharge of the’’. Subsecs. (c), (d). Pub. L. 118–67, § 505(a)(3), (4), added subsec. (c), redesignated former subsec. (c) as (d), and inserted heading in subsec. (d). 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. § 5844. Office of Nuclear Safety and Safeguards (a) Establishment; appointment of Director There is hereby established in the Commission an Office of Nuclear Material Safety and Safe- guards under the direction of a Director of Nu- clear Material Safety and Safeguards, who shall be appointed by the Commission, who may re- port directly to the Commission as provided in section 5849 of this title, and who shall serve at the pleasure of and be removable by the Com- mission. (b) Functions of Director Subject to the provisions of this chapter, the Director of Nuclear Material Safety and Safe- guards shall perform such functions as the Com- mission shall delegate including: (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 proc- essing, transport, and handling of nuclear ma- terials, including the provision and mainte- nance of safeguards against threats, thefts, and sabotage of such licensed facilities, and materials. (2) Review safety and safeguards of all such facilities and materials licensed under the Atomic Energy Act of 1954, as amended, and such review shall include, but not be limited to— (A) monitoring, testing, and recom- mending upgrading of internal accounting systems for special nuclear and other nu- clear materials licensed under the Atomic Energy Act of 1954, as amended; (B) developing, in consultation and coordi- nation with the Administration, contin- gency plans for dealing with threats, thefts, and sabotage relating to special nuclear ma- terials, high-level radioactive wastes and nu- clear facilities resulting from all activities licensed under the Atomic Energy Act of 1954, as amended; (C) assessing the need for, and the feasi- bility of, establishing a security agency within the office for the performance of the safeguards functions, and a report with rec- ommendations on this matter shall be pre- pared within one year of the effective date of this chapter and promptly transmitted to the Congress by the Commission. (3) Recommending research to enable the Commission to more effectively perform its functions. (c) Responsibility for safeguarding special nu- clear materials; high-level radioactive wastes and nuclear facilities Nothing in this section shall be construed to limit in any way the functions of the Adminis- tration relating to the safeguarding of special nuclear materials, high-level radioactive wastes and nuclear facilities resulting from all activi- ties within the jurisdiction of the Administra- tion pursuant to this chapter. (Pub. L. 93–438, title II, § 204, Oct. 11, 1974, 88 Stat. 1245.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (b) and (c), was in the original ‘‘this Act’’, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganiza- tion Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. The Atomic Energy Act of 1954, referred to in subsec. (b)(1), (2), 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. 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 sub- sec. (b)(2)(C), refers to the effective date of Pub. L. Page 6613 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 5846 93–438. See section 312 of Pub. L. 93–438, set out as an Effective Date; Interim Provisions note under section 5801 of this title. 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. § 5845. Office of Nuclear Regulatory Research (a) Establishment; appointment of Director There is hereby established in the Commission an Office of Nuclear Regulatory Research under the direction of a Director of Nuclear Regu- latory Research, who shall be appointed by the Commission, who may report directly to the Commission as provided in section 5849 of this title, and who shall serve at the pleasure of and be removable by the Commission. (b) Functions of Director Subject to the provisions of this chapter, the Director of Nuclear Regulatory Research shall perform such functions as the Commission shall delegate including: (1) Developing recommendations for research deemed necessary for performance by the Commission of its licensing and related regu- latory functions. (2) Engaging in or contracting for research which the Commission deems necessary for the performance of its licensing and related regulatory functions. (c) Cooperation of Federal agencies The Administrator of the Administration and the head of every other Federal agency shall— (1) cooperate with respect to the establish- ment of priorities for the furnishing of such research services as requested by the Commis- sion for the conduct of its functions; (2) furnish to the Commission, on a reim- bursable basis, through their own facilities or by contract or other arrangement, such re- search services as the Commission deems nec- essary and requests for the performance of its functions; and (3) consult and cooperate with the Commis- sion on research and development matters of mutual interest and provide such information and physical access to its facilities as will as- sist the Commission in acquiring the expertise necessary to perform its licensing and related regulatory functions. (d) Responsibility for safety of activities Nothing in subsections (a) and (b) of this sec- tion or section 5841 of this title shall be con- strued to limit in any way the functions of the Administration relating to the safety of activi- ties within the jurisdiction of the Administra- tion. (e) Information and research services Each Federal agency, subject to the provisions of existing law, shall cooperate with the Com- mission and provide such information and re- search services, on a reimbursable basis, as it may have or be reasonably able to acquire. (f) Improved safety systems research The Commission shall develop a long-term plan for projects for the development of new or improved safety systems for nuclear power- plants. (Pub. L. 93–438, title II, § 205, Oct. 11, 1974, 88 Stat. 1246; Pub. L. 95–209, § 4(a), Dec. 13, 1977, 91 Stat. 1482.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 5801 of this title and Tables. AMENDMENTS 1977—Subsec. (f). Pub. L. 95–209 added subsec. (f). 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. § 5846. Compliance with safety regulations (a) Notification to Commission of noncompliance Any individual director, or responsible officer of a firm constructing, owning, operating, or supplying the components of any facility or ac- tivity which is licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954 as amended [42 U.S.C. 2011 et seq.], or pursuant to this chapter, who obtains information reason- ably indicating that such facility or activity or basic components supplied to such facility or ac- tivity— (1) fails to comply with the Atomic Energy Act of 1954, as amended, or any applicable rule, regulation, order, or license of the Com- mission relating to substantial safety hazards, or (2) contains a defect which could create a substantial safety hazard, as defined by regu- lations which the Commission shall promul- gate, shall immediately notify the Commission of such failure to comply, or of such defect, unless such person has actual knowledge that the Com- mission has been adequately informed of such defect or failure to comply. (b) Penalty for failure to notify Any person who knowingly and consciously fails to provide the notice required by sub- section (a) of this section shall be subject to a civil penalty in an amount equal to the amount provided by section 234 of the Atomic Energy Act of 1954, as amended [42 U.S.C. 2282]. (c) Posting of requirements The requirements of this section shall be prominently posted on the premises of any facil- ity licensed or otherwise regulated pursuant to the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.].