42 U.S.C. § 2286 — Establishment

Page 5545 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2286 1 So in original. The semicolon probably should be a comma. (Aug. 1, 1946, ch. 724, title I, § 235, as added Pub. L. 96–295, title II, § 202(a), June 30, 1980, 94 Stat. 786; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(2), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. § 2284. Sabotage of nuclear facilities or fuel (a) Physical damage to facilities, etc. Any person who knowingly destroys or causes physical damage to— (1) any production facility or utilization fa- cility licensed under this chapter; (2) any nuclear waste treatment, storage, or disposal facility licensed under this chapter; (3) any nuclear fuel for a utilization facility licensed under this chapter, or any spent nu- clear fuel from such a facility; (4) any uranium enrichment, uranium con- version, or nuclear fuel fabrication facility li- censed or certified by the Nuclear Regulatory Commission; (5) any production, utilization, waste stor- age, waste treatment, waste disposal, uranium enrichment, uranium conversion, or nuclear fuel fabrication facility subject to licensing or certification under this chapter during con- struction of the facility, if the destruction or damage caused or attempted to be caused could adversely affect public health and safety during the operation of the facility; (6) any primary facility or backup facility from which a radiological emergency pre- paredness alert and warning system is acti- vated; or (7) any radioactive material or other prop- erty subject to regulation by the Commission that, before the date of the offense, the Com- mission determines, by order or regulation published in the Federal Register, is of signifi- cance to the public health and safety or to common defense and security; 1 or attempts or conspires to do such an act, shall be fined not more than $10,000 or imprisoned for not more than 20 years, or both, and, if death re- sults to any person, shall be imprisoned for any term of years or for life. (b) Unauthorized use or tampering with facili- ties, etc. Any person who knowingly causes an interrup- tion of normal operation of any such facility through the unauthorized use of or tampering with the machinery, components, or controls of any such facility, or attempts or conspires to do such an act, shall be fined not more than $10,000 or imprisoned for not more than 20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life. (Aug. 1, 1946, ch. 724, title I, § 236, as added Pub. L. 96–295, title II, § 204(a), June 30, 1980, 94 Stat. 787; amended Pub. L. 97–415, § 16, Jan. 4, 1983, 96 Stat. 2076; Pub. L. 101–575, § 5(d), Nov. 15, 1990, 104 Stat. 2835; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 107–56, title VIII, §§ 810(f), 811(h), Oct. 26, 2001, 115 Stat. 380, 381; Pub. L. 109–58, title VI, § 655, Aug. 8, 2005, 119 Stat. 813.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1) to (3), (5), was in the original ‘‘this Act’’, meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. AMENDMENTS 2005—Subsec. (a). Pub. L. 109–58, § 655(b), substituted ‘‘knowingly’’ for ‘‘intentionally and willfully’’ in intro- ductory provisions. Pub. L. 109–58, § 655(a), substituted ‘‘treatment, stor- age, or disposal facility’’ for ‘‘storage facility’’ in par. (2), ‘‘a utilization facility licensed under this chapter’’ for ‘‘such a utilization facility’’ in par. (3), and ‘‘, uranium conversion, or nuclear fuel fabrication fa- cility licensed or certified’’ for ‘‘facility licensed’’ in par. (4) and added pars. (5) to (7). Subsec. (b). Pub. L. 109–58, § 655(b), substituted ‘‘knowingly’’ for ‘‘intentionally and willfully’’. 2001—Subsec. (a). Pub. L. 107–56, §§ 810(f)(1), (2), 811(h)(1)(A), (C), in introductory provisions, struck out ‘‘, or who intentionally and willfully attempts to de- stroy or cause physical damage to’’ before ‘‘—’’, and in concluding provisions, inserted ‘‘or attempts or con- spires to do such an act,’’ before ‘‘shall be fined’’ and substituted ‘‘20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.’’ for ‘‘ten years, or both.’’ Subsec. (a)(4). Pub. L. 107–56, § 811(h)(1)(B), sub- stituted comma for period at end. Subsec. (b). Pub. L. 107–56, §§ 810(f)(1), (3), 811(h)(2), struck out ‘‘or attempts to cause’’ before ‘‘an interrup- tion of normal operation’’, inserted ‘‘or attempts or conspires to do such an act,’’ before ‘‘shall be fined’’, and substituted ‘‘20 years, or both, and, if death results to any person, shall be imprisoned for any term of years or for life.’’ for ‘‘ten years, or both.’’ 1990—Subsec. (a)(4). Pub. L. 101–575, which directed amendment of this section by adding par. (4) after par. (3), was executed by adding par. (4) after par. (3) of sub- sec. (a) of this section to reflect the probable intent of Congress. 1983—Pub. L. 97–415 designated existing provisions as subsec. (a) and added subsec. (b). SUBCHAPTER XVII–A—DEFENSE NUCLEAR FACILITIES SAFETY BOARD § 2286. Establishment (a) Establishment There is hereby established an independent es- tablishment 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 mem- bers appointed from civilian life by the Presi- dent, by and with the advice and consent of the Senate, from among United States citizens who are respected experts in the field of nuclear safe- Page 5546 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2286 ty with a demonstrated competence and knowl- edge 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 em- ployee of, or have any significant financial rela- tionship with, the Department of Energy or any contractor of the Department of Energy. (4) The President shall enter into an arrange- ment with the National Academy of Sciences under which the National Academy shall main- tain a list of individuals who meet the qualifica- tions 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 Chair- person 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 offi- cer of the Board and, subject to such policies as the Board may establish, shall exercise the func- tions of the Board with respect to— (A) the appointment and supervision of em- ployees of the Board; (B) the organization of any administrative units established by the Board; and (C) the use and expenditure of funds. (3)(A) The Chairperson may delegate any of the functions under this paragraph to any other member or to any appropriate officer of the Board. (B) In carrying out subparagraph (A), the Chairperson shall delegate to the Executive Di- rector of Operations established under section 2286b(b)(3) of this title the following functions: (i) Administrative functions of the Board. (ii) Appointment and supervision of employ- ees of the Board not specified under paragraph (6). (iii) Distribution of business among the em- ployees and administrative units and offices of the Board. (iv) Preparation of— (I) proposals for the reorganization of the administrative units or offices of the Board; (II) the budget estimate for the Board; and (III) the proposed distribution of funds ac- cording to purposes approved by the Board. (4) The Vice Chairperson shall act as Chair- person in the event of the absence or incapacity of the Chairperson or in case of a vacancy in the office of Chairperson. (5) Each member of the Board, including the Chairperson and Vice Chairperson, shall— (A) have equal responsibility and authority in establishing decisions and determining ac- tions of the Board; (B) have full access to all information relat- ing to the performance of the Board’s func- tions, powers, and mission; and (C) have one vote. (6)(A) The Chairperson, subject to the approval of the Board, shall appoint the senior employees described in subparagraph (C). Any member of the Board may propose to the Chairperson an in- dividual to be so appointed. (B) The Chairperson, subject to the approval of the Board, may remove a senior employee de- scribed in subparagraph (C). Any member of the Board may propose to the Chairperson an indi- vidual to be so removed. (C) The senior employees described in this sub- paragraph are the following senior employees of the Board: (i) The Executive Director of Operations es- tablished under section 2286b(b)(3) of this title. (ii) The general counsel. (d) Terms (1) Except as provided under paragraph (2), the members of the Board shall serve for terms of five years. A member may be reappointed for a second term only if the member was confirmed by the Senate more than two years into the member’s first term. A member may not be re- appointed for a third term. (2) Of the members first appointed— (A) one shall be appointed for a term of one year; (B) one shall be appointed for a term of two years; (C) one shall be appointed for a term of three years; (D) one shall be appointed for a term of four years; and (E) one shall be appointed for a term of five years, as designated by the President at the time of ap- pointment. (3)(A) Any member appointed to fill a vacancy occurring before the expiration of the term of office for which such member’s predecessor was appointed shall be appointed only for the re- mainder of such term. (B) A member may not serve after the expira- tion of the member’s term, unless the departure of the member would result in the loss of a quorum for the Board. If more than one member is serving after the expiration of the member’s term and a new member is appointed to the Board so that one of the members serving after the expiration of the member’s term is no longer necessary to maintain a quorum, the member whose term expired first may no longer serve on the Board. (4)(A) Not later than 180 days after the expira- tion of the term of a member of the Board, the President shall— (i) submit to the Senate the nomination of an individual to fill the vacancy; or (ii) submit to the Committee on Armed Services of the Senate a report that includes— (I) a description of the reasons the Presi- dent did not submit such a nomination; and (II) a plan for submitting such a nomina- tion during the 90-day period following the submission of the report. (B) If the President does not submit to the Senate the nomination of an individual to fill a vacancy during the 90-day period described in subclause (II) of subparagraph (A)(ii), the Presi- dent shall submit to the Committee on Armed Services a report described in that subparagraph Page 5547 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2286 not less frequently than every 90 days until the President submits such a nomination. (e) Quorum (1) Three members of the Board shall con- stitute a quorum, but a lesser number may hold hearings. (2) In accordance with paragraph (4), during a covered period, the Chairperson, in consultation with an eligible member, may carry out the functions and powers of the Board under sec- tions 2286a through 2286e of this title, notwith- standing that a quorum does not exist. (3) Not later than 30 days after a covered pe- riod begins, the Chairperson shall notify the congressional defense committees that a quorum does not exist. (4) The Chairperson may make recommenda- tions to the Secretary of Energy and initiate in- vestigations into defense nuclear facilities under section 2286a of this title pursuant to paragraph (2) only if— (A) a period of 30 days elapses following the date on which the Chairperson submits the no- tification required under paragraph (3); (B) not later than 30 days after making any such recommendation or initiating any such investigation, the Chairperson notifies the congressional defense committees of such rec- ommendation or investigation; and (C) any eligible member concurs with such recommendation or investigation. (5) In this subsection: (A) The term ‘‘congressional defense com- mittees’’ has the meaning given such term in section 101(a) of title 10. (B) The term ‘‘covered period’’ means a pe- riod beginning on the date on which a quorum specified in paragraph (1) does not exist by reason of either or both a vacancy in the mem- bership of the Board or the incapacity of a member of the Board and ending on the earlier of— (i) the date that is one year after such be- ginning date; or (ii) the date on which a quorum exists. (C) The term ‘‘eligible member’’ means a member of the Board, other than the Chair- person, serving during a covered period and who is not incapacitated. (Aug. 1, 1946, ch. 724, title I, § 311, as added Pub. L. 100–456, div. A, title XIV, § 1441(a)(1), Sept. 29, 1988, 102 Stat. 2076; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 112–239, div. C, title XXXII, § 3202(a), Jan. 2, 2013, 126 Stat. 2217; Pub. L. 114–92, div. C, title XXXII, § 3202(a), (b)(1), Nov. 25, 2015, 129 Stat. 1217; Pub. L. 116–92, div. C, title XXXII, § 3202(a)(1)(B)–(3), § 3203(a), (b)(1), (c), Dec. 20, 2019, 133 Stat. 1964, 1966; Pub. L. 117–81, div. C, title XXXII, § 3202, Dec. 27, 2021, 135 Stat. 2235; Pub. L. 117–263, div. C, title XXXII, § 3202, Dec. 23, 2022, 136 Stat. 3060.) Editorial Notes AMENDMENTS 2022—Subsec. (e). Pub. L. 117–263 designated existing provisions as par. (1) and added pars. (2) to (5). 2021—Subsec. (c). Pub. L. 117–81 substituted ‘‘Chair- person, Vice Chairperson’’ for ‘‘Chairman, Vice Chair- man’’ in heading and ‘‘Chairperson’’ for ‘‘Chairman’’ wherever appearing. 2019—Subsec. (b)(4). Pub. L. 116–92, § 3203(a), added par. (4). Subsec. (c)(2). Pub. L. 116–92, § 3202(a)(2)(A), sub- stituted ‘‘paragraphs (5) and (6)’’ for ‘‘paragraphs (5), (6), and (7)’’. Subsec. (c)(3). Pub. L. 116–92, § 3202(a)(1)(B), des- ignated existing provisions as subpar. (A) and added subpar. (B). Subsec. (c)(6). Pub. L. 116–92, § 3202(a)(3), amended par. (6) generally. Prior to amendment, par. (6) read as fol- lows: ‘‘(6)(A) The Chairman, subject to the approval of the Board, shall appoint the senior employees described in subparagraph (C). ‘‘(B) The Chairman, subject to the approval of the Board, may remove a senior employee described in sub- paragraph (C). ‘‘(C) The senior employees described in this subpara- graph are the following senior employees of the Board: ‘‘(i) The senior employee responsible for budgetary and general administration matters. ‘‘(ii) The general counsel. ‘‘(iii) The senior employee responsible for technical matters.’’ Pub. L. 116–92, § 3202(a)(2)(B), (C), redesignated par. (7) as (6) and struck out former par. (6) which read as fol- lows: ‘‘In carrying out paragraph (5)(B), the Chairman may not withhold from any member of the Board any information that is made available to the Chairman re- garding the Board’s functions, powers, and mission (in- cluding with respect to the management and evalua- tion of employees of the Board).’’ Subsec. (c)(7). Pub. L. 116–92, § 3202(a)(2)(C), redesig- nated par. (7) as (6). Subsec. (d)(1). Pub. L. 116–92, § 3203(b)(1)(A), sub- stituted ‘‘A member may be reappointed for a second term only if the member was confirmed by the Senate more than two years into the member’s first term. A member may not be reappointed for a third term.’’ for ‘‘Members of the Board may be reappointed.’’ Subsec. (d)(3). Pub. L. 116–92, § 3203(b)(1)(B), des- ignated existing provisions as subpar. (A), struck out at end ‘‘A member may serve after the expiration of that member’s term until a successor has taken office.’’, and added subpar. (B). Subsec. (d)(4). Pub. L. 116–92, § 3203(c), added par. (4). 2015—Subsec. (c)(2). Pub. L. 114–92, § 3202(a)(1), sub- stituted ‘‘paragraphs (5), (6), and (7)’’ for ‘‘paragraph (5)’’ in introductory provisions. Subsec. (c)(6). Pub. L. 114–92, § 3202(a)(2), added par. (6). Subsec. (c)(7). Pub. L. 114–92, § 3202(b)(1), added par. (7). 2013—Subsec. (b)(4). Pub. L. 112–239, § 3202(a)(1), struck out par. (4) which read as follows: ‘‘Not later than 180 days after September 29, 1988, the President shall sub- mit to the Senate nominations for appointment to the Board. In the event that the President is unable to sub- mit the nominations within such 180-day period, the President shall submit to the Committees on Armed Services and on Appropriations of the Senate and to the Speaker of the House of Representatives a report describing the reasons for such inability and a plan for submitting the nominations within the next 90 days. If the President is unable to submit the nominations within that 90-day period, the President shall again submit to such committees and the Speaker such a re- port and plan. The President shall continue to submit to such committees and the Speaker such a report and plan every 90 days until the nominations are sub- mitted.’’ Subsec. (c). Pub. L. 112–239, § 3202(a)(2)(A), substituted ‘‘, Vice Chairman, and members’’ for ‘‘and Vice Chair- man’’ in heading. Subsec. (c)(2). Pub. L. 112–239, § 3202(a)(2)(B), sub- stituted ‘‘In accordance with paragraph (5), the Chair- man’’ for ‘‘The Chairman’’. Subsec. (c)(5). Pub. L. 112–239, § 3202(a)(2)(C), added par. (5). 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-