
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: 42USC5844]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 73--DEVELOPMENT OF ENERGY SOURCES
 
  SUBCHAPTER II--NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER 
                               PROTECTION
 
Sec. 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 Safeguards under the direction of a Director of 
Nuclear Material Safety and Safeguards, 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 
Material Safety and Safeguards shall perform such functions as the 
Commission shall delegate including:
        (1) Principal licensing and regulation involving all facilities 
    and materials, licensed under the Atomic Energy Act of 1954, as 
    amended [42 U.S.C. 2011 et seq.], associated with the processing, 
    transport, and handling of nuclear materials, including the 
    provision and maintenance 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 recommending upgrading of 
        internal accounting systems for special nuclear and other 
        nuclear materials licensed under the Atomic Energy Act of 1954, 
        as amended;
            (B) developing, in consultation and coordination with the 
        Administration, contingency plans for dealing with threats, 
        thefts, and sabotage relating to special nuclear materials, 
        high-level radioactive wastes and nuclear facilities resulting 
        from all activities licensed under the Atomic Energy Act of 
        1954, as amended;
            (C) assessing the need for, and the feasibility of, 
        establishing a security agency within the office for the 
        performance of the safeguards functions, and a report with 
        recommendations on this matter shall be prepared 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 nuclear materials; high-
        level radioactive wastes and nuclear facilities

    Nothing in this section shall be construed to limit in any way the 
functions of the Administration relating to the safeguarding of special 
nuclear materials, high-level radioactive wastes and nuclear facilities 
resulting from all activities within the jurisdiction of the 
Administration pursuant to this chapter.

(Pub. L. 93-438, title II, Sec. 204, Oct. 11, 1974, 88 Stat. 1245.)

                       References in Text

    The Atomic Energy Act of 1954, as amended, referred to in subsec. 
(b)(1), (2), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 
1954, ch. 1073, Sec. 1, 68 Stat. 921, and amended, which is classified 
generally to chapter 23 (Sec. 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 subsec. 
(b)(2)(C), 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 Provisions 
note under section 5801 of this title.

                          Transfer of Functions

    For transfer of certain functions from Nuclear Regulatory 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.
