
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: 42USC7274m]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
                SUBCHAPTER VI--ADMINISTRATIVE PROVISIONS
 
                Part C--General Administrative Provisions
 
Sec. 7274m. Safety oversight and enforcement at defense nuclear 
        facilities
        

(a) Safety at defense nuclear facilities

    The Secretary of Energy shall take appropriate actions to ensure 
that--
        (1) officials of the Department of Energy who are responsible 
    for independent oversight of matters relating to nuclear safety at 
    defense nuclear facilities and enforcement of nuclear safety 
    standards at such facilities maintain independence from officials 
    who are engaged in, or who are advising persons who are engaged in, 
    management of such facilities;
        (2) the independent, internal oversight functions carried out by 
    the Department include activities relating to--
            (A) the assessment of the safety of defense nuclear 
        facilities;
            (B) the assessment of the effectiveness of Department 
        program offices in carrying out programs relating to the 
        environment, safety, health, and security at defense nuclear 
        facilities;
            (C) the provision to the Secretary of oversight reports 
        that--
                (i) contain validated technical information; and
                (ii) provide a clear analysis of the extent to which 
            line programs governing defense nuclear facilities meet 
            applicable goals for the environment, safety, health, and 
            security at such facilities; and

            (D) the development of clear performance standards to be 
        used in assessing the adequacy of the programs referred to in 
        subparagraph (C)(ii);

        (3) the Department has a system for bringing issues relating to 
    nuclear safety at defense nuclear facilities to the attention of the 
    officials of the Department (including the Secretary of Energy) who 
    have authority to resolve such issues in an adequate and timely 
    manner; and
        (4) an adequate number of qualified personnel of the Department 
    are assigned to oversee matters relating to nuclear safety at 
    defense nuclear facilities and enforce nuclear safety standards at 
    such facilities.

(b) Report

    Not later than 90 days after October 5, 1994, the Secretary shall 
submit to Congress a report describing the following:
        (1) The actions that the Secretary has taken or will take to 
    fulfill the requirements set forth in paragraphs (1), (2), and (3) 
    of subsection (a) of this section.
        (2) The actions in addition to the actions described under 
    paragraph (1) that the Secretary could take in order to fulfill such 
    requirements.
        (3) The respective roles with regard to nuclear safety at 
    defense nuclear facilities of the following officials:
            (A) The Associate Deputy Secretary of Energy for Field 
        Management.
            (B) The Assistant Secretary of Energy for Defense Programs.
            (C) The Assistant Secretary of Energy for Environmental 
        Restoration and Waste Management.

(Pub. L. 103-337, div. C, title XXXI, Sec. 3163, Oct. 5, 1994, 108 Stat. 
3097.)

                          Codification

    Section was enacted as part of the National Defense Authorization 
Act for Fiscal Year 1995, and not as part of the Department of Energy 
Organization Act which comprises this chapter.


     Report and Plan for External Oversight of National Laboratories

    Pub. L. 105-85, div. C, title XXXI, Sec. 3154, Nov. 18, 1997, 111 
Stat. 2044, directed Secretary of Energy to submit to Congress, not 
later than July 1, 1999, a report on the external oversight of the 
Lawrence Livermore National Laboratory, Livermore, California, the Los 
Alamos National Laboratory, Los Alamos, New Mexico, and the Sandia 
National Laboratories, Albuquerque, New Mexico.


 Submittal of Annual Report on Status of Security Functions at Nuclear 
                           Weapons Facilities

    Pub. L. 105-85, div. C, title XXXI, Sec. 3162, Nov. 18, 1997, 111 
Stat. 2049, as amended by Pub. L. 106-65, div. C, title XXXI, 
Sec. 3142(h)(2), Oct. 5, 1999, 113 Stat. 934, provided that: ``Not later 
than September 1 each year, the Secretary of Energy shall submit to the 
congressional defense committees [Committees on Armed Services and 
Appropriations of Senate and House of Representatives] the report 
entitled `Annual Report to the President on the Status of Safeguards and 
Security of Domestic Nuclear Weapons Facilities', or any successor 
report to such report.''
