
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: 42USC7158]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                 SUBCHAPTER III--TRANSFERS OF FUNCTIONS
 
Sec. 7158. Naval reactor and military application programs

    The Division of Naval Reactors established pursuant to section 2035 
of this title, and responsible for research, design, development, 
health, and safety matters pertaining to naval nuclear propulsion plants 
and assigned civilian power reactor programs is transferred to the 
Department under the Under Secretary for Nuclear Security, and such 
organizational unit shall be deemed to be an organizational unit 
established by this chapter.

(Pub. L. 95-91, title III, Sec. 309, Aug. 4, 1977, 91 Stat. 581; Pub. L. 
106-65, div. C, title XXXII, Sec. 3294(c), Oct. 5, 1999, 113 Stat. 970.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 95-91, Aug. 4, 1977, 91 Stat. 565, as amended, known as 
the Department of Energy Organization Act, which is classified 
principally to this chapter. For complete classification of this Act to 
the Code, see Short Title note set out under section 7101 of this title 
and Tables.


                               Amendments

    1999--Pub. L. 106-65 struck out subsec. (a) designation before ``The 
Division of Naval Reactors'', substituted ``Under Secretary for Nuclear 
Security'' for ``Assistant Secretary to whom the Secretary has assigned 
the function listed in section 7133(a)(2)(E) of this title'', and struck 
out subsec. (b) which read as follows: ``The Division of Military 
Application, established by section 2035 of this title, and the 
functions of the Energy Research and Development Administration with 
respect to the Military Liaison Committee, established by section 2037 
of this title, are transferred to the Department under the Assistant 
Secretary to whom the Secretary has assigned those functions listed in 
section 7133(a)(5) of this title, and such organizational units shall be 
deemed to be organizational units established by this chapter.''


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-65 effective Mar. 1, 2000, see section 3299 
of Pub. L. 106-65, set out as an Effective Date note under section 2401 
of Title 50, War and National Defense.

                          Transfer of Functions

    All national security functions and activities performed immediately 
before Oct. 5, 1999, by the Office of Naval Reactors transferred to the 
Administrator for Nuclear Security of the National Nuclear Security 
Administration of the Department of Energy, and the Deputy Administrator 
for Naval Reactors of the Administration to be assigned the 
responsibilities, authorities, and accountability for all functions of 
the Office of Naval Reactors under Executive Order No. 12344, set out 
below, see sections 2406 and 2481 of Title 50, War and National Defense.


              Executive Order No. 12344 To Remain in Force

    Except as otherwise specified in section 2406 of Title 50, War and 
National Defense, and notwithstanding any other provision of title XXXII 
of Pub. L. 106-65 (see Short Title note set out under section 2401 of 
Title 50), the provisions of Executive Order No. 12344 (set out below) 
to remain in full force and effect until changed by law, see section 
2406 of Title 50.
    Pub. L. 98-525, title XVI, Sec. 1634, Oct. 19, 1984, 98 Stat. 2649, 
provided that: ``The provisions of Executive Order Numbered 12344, dated 
February 1, 1982 [set out below], pertaining to the Naval Nuclear 
Propulsion Program, shall remain in force until changed by law.''

          Ex. Ord. No. 12344. Naval Nuclear Propulsion Program

    Ex. Ord. No. 12344, Feb. 1, 1982, 47 F.R. 4979, provided:
    By the authority vested in me as President and as Commander in Chief 
of the Armed Forces of the United States of America, with recognition of 
the crucial importance to national security of the Naval Nuclear 
Propulsion Program, and for the purpose of preserving the basic 
structure, policies, and practices developed for this Program in the 
past and assuring that the Program will continue to function with 
excellence, it is hereby ordered as follows:
    Section 1. The Naval Nuclear Propulsion Program is an integrated 
program carried out by two organizational units, one in the Department 
of Energy and the other in the Department of the Navy.
    Sec. 2. Both organizational units shall be headed by the same 
individual so that the activities of each may continue in practice under 
common management. This individual shall direct the Naval Nuclear 
Propulsion Program in both departments. The director shall be qualified 
by reason of technical background and experience in naval nuclear 
propulsion. The director may be either a civilian or an officer of the 
United States Navy, active or retired.
    Sec. 3. The Secretary of the Navy (through the Secretary of Defense) 
and the Secretary of Energy shall obtain the approval of the President 
to appoint the director of the Naval Nuclear Propulsion Program for 
their respective Departments. The director shall be appointed to serve a 
term of eight years, except that the Secretary of Energy and the 
Secretary of the Navy may, with mutual concurrence, terminate or extend 
the term of the respective appointments.
    Sec. 4. An officer of the United States Navy appointed as director 
shall be nominated for the grade of Admiral. A civilian serving as 
director shall be compensated at a rate to be specified at the time of 
appointment.
    Sec. 5. Within the Department of Energy, the Secretary of Energy 
shall assign to the director the responsibility of performing the 
functions of the Division of Naval Reactors transferred to the 
Department of Energy by Section 309(a) of the Department of Energy 
Organization Act (42 U.S.C. 7158), including assigned civilian power 
reactor programs, and any naval nuclear propulsion functions of the 
Department of Energy, including:
    (a) direct supervision over the Bettis and Knolls Atomic Power 
Laboratories, the Expended Core Facility and naval reactor prototype 
plants;
    (b) research, development, design, acquisition, specification, 
construction, inspection, installation, certification, testing, 
overhaul, refueling, operating practices and procedures, maintenance, 
supply support, and ultimate disposition, of naval nuclear propulsion 
plants, including components thereof, and any special maintenance and 
service facilities related thereto;
    (c) the safety of reactors and associated navel [naval] nuclear 
propulsion plants, and control of radiation and radioactivity associated 
with naval nuclear propulsion activities, including prescribing and 
enforcing standards and regulations for these areas as they affect the 
environment and the safety and health of workers, operators, and the 
general public;
    (d) training, including training conducted at the naval prototype 
reactors of the Department of Energy, and assistance and concurrence in 
the selection, training, qualification, and assignment of personnel 
reporting to the director and of personnel who supervise, operate, or 
maintain naval nuclear propulsion plants; and
    (e) administration of the Naval Nuclear Propulsion Program, 
including oversight of program support in areas such as security, 
nuclear safeguards and transportation, public information, procurement, 
logistics and fiscal management.
    Sec. 6. Within the Department of Energy, the director shall report 
to the Secretary of Energy, through the Assistant Secretary assigned 
nuclear energy functions and shall serve as a Deputy Assistant 
Secretary. The director shall have direct access to the Secretary of 
Energy and other senior officials in the Department of Energy concerning 
naval nuclear propulsion matters, and to all other personnel who 
supervise, operate or maintain naval nuclear propulsion plants and 
support facilities for the Department of Energy.
    Sec. 7. Within the Department of the Navy, the Secretary of the Navy 
shall assign to the director responsibility to supervise all technical 
aspects of the Navy's nuclear propulsion work, including:
    (a) research, development, design, procurement, specification, 
construction, inspection, installation, certification, testing, 
overhaul, refueling, operating practices and procedures, maintenance, 
supply support, and ultimate disposition, of naval nuclear propulsion 
plants, including components thereof, and any special maintenance and 
service facilities related thereto; and
    (b) training programs, including Nuclear Power Schools of the Navy, 
and assistance and concurrence in the selection, training, 
qualification, and assignment of personnel reporting to the director and 
of Government personnel who supervise, operate, or maintain naval 
nuclear propulsion plants.
    Sec. 8. Within the Department of the Navy, the Secretary of the Navy 
shall assign to the director responsibility within the Navy for:
    (a) the safety of reactors and associated naval nuclear propulsion 
plants, and control of radiation and radioactivity associated with naval 
nuclear propulsion activities, including prescribing and enforcing 
standards and regulations for these areas as they affect the environment 
and the safety and health of workers, operators, and the general public.
    (b) administration of the Naval Nuclear Propulsion Program, 
including oversight of program support in areas such as security, 
nuclear safeguards and transportation, public information, procurement, 
logistics, and fiscal management.
    Sec. 9. In addition to any other organizational assignments within 
the Department of the Navy, the director shall report directly to the 
Chief of Naval Operations. The director shall have direct access to the 
Secretary of the Navy and other senior officials in the Department of 
the Navy concerning naval nuclear propulsion matters, and to all other 
Government personnel who supervise, operate, or maintain naval nuclear 
propulsion plants and support facilities.
    Sec. 10. This Order is effective on February 1, 1982.
                                                          Ronald Reagan.
