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 functions of the Board and whether there is a need to modify or amend such functions. ‘‘(4) An assessment of the relative advantages and disadvantages to the Department and the public of continuing the functions of the Board with respect to Department of Energy defense nuclear facilities and replacing the activities of the Board with external regulation of such facilities. ‘‘(5) A list of all existing or planned Department of Energy defense nuclear facilities that are similar to facilities under the regulatory jurisdiction of the Nu- clear Regulatory Commission. ‘‘(6) A list of all Department of Energy defense nu- clear facilities that are in compliance with all appli- cable Department of Energy orders, regulations, and requirements relating to the design, construction, op- eration, and decommissioning of defense nuclear fa- cilities. ‘‘(7) A list of all Department of Energy defense nu- clear facilities that have implemented, pursuant to an implementation plan, recommendations made by the Board and accepted by the Secretary of Energy. ‘‘(8) A list of Department of Energy defense nuclear facilities that have a function related to Department weapons activities. ‘‘(9)(A) A list of each existing defense nuclear facil- ity that the Board determines— ‘‘(i) should continue to stay within the jurisdic- tion of the Board for a period of time or indefi- nitely; and ‘‘(ii) should come under the jurisdiction of an out- side regulatory authority. ‘‘(B) An explanation of the determinations made under subparagraph (A). ‘‘(10) For any existing facilities that should, in the opinion of the Board, come under the jurisdiction of an outside regulatory authority, the date when this move would occur and the period of time necessary for the transition. ‘‘(11) A list of any proposed Department of Energy defense nuclear facilities that should come under the Board’s jurisdiction. ‘‘(12) An assessment of regulatory and other issues associated with the design, construction, operation, and decommissioning of facilities that are not owned by the Department of Energy but which would pro- vide services to the Department of Energy. ‘‘(13) An assessment of the role of the Board, if any, in privatization projects undertaken by the Depart- ment. ‘‘(14) An assessment of the role of the Board, if any, in any tritium production facilities. ‘‘(15) An assessment of the comparative advantages and disadvantages to the Department of Energy in the event some or all Department of Energy defense nuclear facilities were no longer included in the func- tions of the Board and were regulated by the Nuclear Regulatory Commission. ‘‘(16) A comparison of the cost, as identified by the Nuclear Regulatory Commission, that would be in- curred at a gaseous diffusion plant to comply with regulations issued by the Nuclear Regulatory Com- mission, with the cost that would be incurred by a gaseous diffusion plant if such a plant was considered to be a Department of Energy defense nuclear facility as defined by chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.). ‘‘(b) COMMENTS ON REPORT.—Before submission of the report to Congress under subsection (c), the Board shall transmit the report to the Secretary of Energy and the Nuclear Regulatory Commission. The Secretary and the Commission shall provide their comments on the report to both the Board and to Congress. ‘‘(c) SUBMISSION TO CONGRESS.—Not later than six months after the date of the enactment of this Act [Nov. 18, 1997], the Board shall provide to Congress an interim report on the status of the implementation of this section. Not later than one year after the date of the enactment of this Act, and not earlier than 30 days after receipt of comments from the Secretary of En- ergy and the Nuclear Regulatory Commission under subsection (b), the Board shall submit to Congress the report required under subsection (a). ‘‘(d) DEFINITION.—In this section, the term ‘Depart- ment of Energy defense nuclear facility’ has the mean- ing provided by section 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).’’ § 2286a. Mission and functions of Board (a) Mission The mission of the Board shall be to provide independent analysis, advice, and recommenda- tions to the Secretary of Energy to inform the Secretary, in the role of the Secretary as oper- ator and regulator of the defense nuclear facili- ties 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 func- tions: (1) Review and evaluation of standards The Board shall review and evaluate the content and implementation of the standards relating to the design, construction, oper- ation, and decommissioning of defense nuclear facilities of the Department of Energy (includ- ing all applicable Department of Energy or- ders, regulations, and requirements) at each Department of Energy defense nuclear facil- ity. The Board shall recommend to the Sec- Page 5549 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2286b retary 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 imple- mentation of such standards, as well as mat- ters on which additional data or additional re- search 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 af- fect, 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 applica- ble Department of Energy orders, regula- tions, 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 prac- tices 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 nec- essary. (3) Analysis of design and operational data The Board shall have access to and may sys- tematically analyze design and operational data, including safety analysis reports, from any Department of Energy defense nuclear fa- cility. (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 de- sign as the Board considers necessary to en- sure adequate protection of public health and safety. During the construction of any such fa- cility, 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 nec- essary 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 facil- ity. (5) Recommendations The Board shall make such recommenda- tions to the Secretary of Energy with respect to Department of Energy defense nuclear fa- cilities, 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 mak- ing its recommendations the Board shall con- sider, and specifically assess risk (whenever sufficient data exists), the technical and eco- nomic feasibility of implementing the rec- ommended measures. (c) Excluded functions The functions of the Board under this sub- chapter 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 En- ergy and is necessary to carry out the functions of the Board. (Aug. 1, 1946, ch. 724, title I, § 312, as added Pub. L. 100–456, div. A, title XIV, § 1441(a)(1), Sept. 29, 1988, 102 Stat. 2077; amended Pub. L. 102–190, div. C, title XXXII, § 3202(b)(2), Dec. 5, 1991, 105 Stat. 1582; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 112–239, div. C, title XXXII, § 3202(b)(1), Jan. 2, 2013, 126 Stat. 2218; Pub. L. 116–92, div. C, title XXXII, § 3202(b), Dec. 20, 2019, 133 Stat. 1965.) Editorial Notes AMENDMENTS 2019—Subsec. (a). Pub. L. 116–92 inserted ‘‘, including with respect to the health and safety of employees and contractors at such facilities’’ before period at end. 2013—Pub. L. 112–239, § 3202(b)(1)(A), substituted ‘‘Mis- sion and functions’’ for ‘‘Functions’’ in section catch- line. Subsec. (a). Pub. L. 112–239, § 3202(b)(1)(C), added sub- sec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 112–239, § 3202(b)(1)(B), (D)(i), re- designated subsec. (a) as (b) and substituted ‘‘Func- tions’’ for ‘‘In general’’ in heading. Former subsec. (b) redesignated (c). Subsec. (b)(5). Pub. L. 112–239, § 3202(b)(1)(D)(ii), in- serted ‘‘, and specifically assess risk (whenever suffi- cient data exists),’’ after ‘‘shall consider’’. Subsec. (c). Pub. L. 112–239, § 3202(b)(1)(B), redesig- nated subsec. (b) as (c). 1991—Pub. L. 102–190 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). § 2286b. Powers of Board (a) Hearings (1) The Board or a member authorized by the Board may, for the purpose of carrying out this subchapter, hold such hearings and sit and act at such times and places, and require, by sub- poena or otherwise, the attendance and testi- mony of such witnesses and the production of such evidence as the Board or an authorized member may find advisable. (2)(A) Subpoenas may be issued only under the signature of the Chairperson or any member of the Board designated by him and shall be served by any person designated by the Chairperson, any member, or any person as otherwise pro- vided by law. The attendance of witnesses and the production of evidence may be required from any place in the United States at any designated place of hearing in the United States. (B) Any member of the Board may administer oaths or affirmations to witnesses appearing be- fore the Board.