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42 U.S.C. § 2286a — Mission and functions of Board

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2286a — Mission and functions of Board

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Source location: Title 42, Chapter 23, § 2286a; chapter-023-development-and-control-of-atomic-energy.md

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**(a) Mission** The mission of the Board shall be to provide independent analysis, advice, and recommendations to the Secretary of Energy to inform the Secretary, in the role of the Secretary as operator and regulator of the defense nuclear facilities of the Department of Energy, in providing adequate protection of public health and safety at such defense nuclear facilities, including with respect to the health and safety of employees and contractors at such facilities. **(b) Functions** The Board shall perform the following functions: (1) **Review and evaluation of standards** — The Board shall review and evaluate the content and implementation of the standards relating to the design, construction, operation, and decommissioning of defense nuclear facilities of the Department of Energy (including all applicable Department of Energy orders, regulations, and requirements) at each Department of Energy defense nuclear facility. The Board shall recommend to the Secretary of Energy those specific measures that should be adopted to ensure that public health and safety are adequately protected. The Board shall include in its recommendations necessary changes in the content and implementation of such standards, as well as matters on which additional data or additional research is needed. (2) **Investigations** (A) The Board shall investigate any event or practice at a Department of Energy defense nuclear facility which the Board determines has adversely affected, or may adversely affect, public health and safety. (B) The purpose of any Board investigation under subparagraph (A) shall be— (i) to determine whether the Secretary of Energy is adequately implementing the standards described in paragraph (1) of the Department of Energy (including all applicable Department of Energy orders, regulations, and requirements) at the facility; (ii) to ascertain information concerning the circumstances of such event or practice and its implications for such standards; (iii) to determine whether such event or practice is related to other events or practices at other Department of Energy defense nuclear facilities; and (iv) to provide to the Secretary of Energy such recommendations for changes in such standards or the implementation of such standards (including Department of Energy orders, regulations, and requirements) and such recommendations relating to data or research needs as may be prudent or necessary. (3) **Analysis of design and operational data** — The Board shall have access to and may systematically analyze design and operational data, including safety analysis reports, from any Department of Energy defense nuclear facility. (4) **Review of facility design and construction** — The Board shall review the design of a new Department of Energy defense nuclear facility before construction of such facility begins and shall recommend to the Secretary, within a reasonable time, such modifications of the design as the Board considers necessary to ensure adequate protection of public health and safety. During the construction of any such facility, the Board shall periodically review and monitor the construction and shall submit to the Secretary, within a reasonable time, such recommendations relating to the construction of that facility as the Board considers necessary to ensure adequate protection of public health and safety. An action of the Board, or a failure to act, under this paragraph may not delay or prevent the Secretary of Energy from carrying out the construction of such a facility. (5) **Recommendations** — The Board shall make such recommendations to the Secretary of Energy with respect to Department of Energy defense nuclear facilities, including operations of such facilities, standards, and research needs, as the Board determines are necessary to ensure adequate protection of public health and safety. In making its recommendations the Board shall consider, and specifically assess risk (whenever sufficient data exists), the technical and economic feasibility of implementing the recommended measures. **(c) Excluded functions** The functions of the Board under this subchapter do not include functions relating to the safety of atomic weapons. However, the Board shall have access to any information on atomic weapons that is within the Department of Energy and is necessary to carry out the functions of the Board.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2286 — Establishment

**(a) Establishment** There is hereby established an independent establishment in the executive branch, to be known as the “Defense Nuclear Facilities Safety Board” (hereafter in this subchapter referred to as the “Board”). **(b) Membership** (1) The Board shall be composed of five members appointed from civilian life by the President, by and with the advice and consent of the Senate, from among United States citizens who are respected experts in the field of nuclear safety with a demonstrated competence and knowledge relevant to the independent investigative and oversight functions of the Board. Not more than three members of the Board shall be of the same political party. (2) Any vacancy in the membership of the Board shall be filled in the same manner in which the original appointment was made. (3) No member of the Board may be an employee of, or have any significant financial relationship with, the Department of Energy or any contractor of the Department of Energy. (4) The President shall enter into an arrangement with the National Academy of Sciences under which the National Academy shall maintain a list of individuals who meet the qualifications described in paragraph (1) to assist the President in selecting individuals to nominate for positions as members of the Board. **(c) Chairperson, Vice Chairperson, and members** (1) The President shall designate a Chairperson and Vice Chairperson of the Board from among members of the Board. (2) In accordance with paragraphs (5) and (6), the Chairperson shall be the chief executive officer of the Board and, subject to such policies as the Board may establish, shall exercise the functions of the Board with respect to— (A) the appointment and supervision of employees of the Board; (B) the organization of any ad

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2286

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2286d — Board recommendations

**(a) Submission of recommendations** (1) Subject to subsections (h) and (i), not later than 30 days before the date on which the Board transmits a recommendation to the Secretary of Energy under [section 2286a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2286a&num=0&edition=prelim), the Board shall transmit to the Secretary in writing a draft of such recommendation and any related findings, supporting data, and analyses to ensure the Secretary is adequately informed of a formal recommendation and to provide the Secretary an opportunity to provide input to the Board before such recommendation is finalized. (2) The Secretary may provide to the Board comments on a draft recommendation transmitted by the Board under paragraph (1) by not later than 30 days after the date on which the Secretary receives the draft recommendation. The Board may grant, upon request by the Secretary, additional time for the Secretary to transmit comments to the Board. (3) After the period of time in which the Secretary may provide comments under paragraph (2) elapses, the Board may transmit a final recommendation to the Secretary. **(b) Public availability and comment** Subject to subsections (h) and (i), after the Secretary of Energy receives a recommendation from the Board under subsection (a)(3), the Board shall promptly make available to the public such recommendation and any related correspondence from the Secretary by— (1) providing such recommendation and correspondence to the public in the regional public reading rooms of the Department of Energy; and (2) publishing in the Federal Register— (A) such recommendation and correspondence; and (B) a request for the submission to the Board of public comments on such recommendation that p

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2286d

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2286a — Mission and functions of Board

Page 5548 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2286a Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116–92, div. C, title XXXII, § 3203(b)(2), Dec. 20, 2019, 133 Stat. 1966, provided that: ‘‘The amendments made by paragraph (1) [amending this section] shall take effect on the date that is one year after the date of the enactment of this Act [Dec. 20, 2019].’’ CONSTRUCTION OF SECTION 3202 OF PUB. L. 112–239; SAFETY STANDARDS Pub. L. 112–239, div. C, title XXXII, § 3202(h), Jan. 2, 2013, 126 Stat. 2220, provided that: ‘‘Nothing in this sec- tion [enacting section 2286k of this title and amending this section and sections 2286a, 2286b, 2286d, 2286e, and 2286h–1 of this title] or in the amendments made by this section shall be construed to cause a reduction in nu- clear safety standards.’’ REPORT ON EXTERNAL REGULATION OF DEFENSE NUCLEAR FACILITIES Pub. L. 105–85, div. C, title XXXII, § 3202, Nov. 18, 1997, 111 Stat. 2054, provided that: ‘‘(a) REPORTING REQUIREMENT.—The Defense Nuclear Facilities Safety Board (in this section referred to as the ‘Board’) shall prepare a report and make rec- ommendations on its role in the Department of Ener- gy’s decision to establish external regulation of defense nuclear facilities. The report shall include the fol- lowing: ‘‘(1) An assessment of the value of and the need for the Board to continue to perform the functions speci- fied under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). ‘‘(2) An assessment of the relationship between the functions of the Board and a proposal by the Depart- ment of Energy to place Department of Energy de- fense nuclear facilities under the jurisdiction of ex- ternal regulatory agencies. ‘‘(3) An assessment of the function

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