
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2286]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
          CHAPTER 23--DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 
                        Division A--Atomic Energy
 
       SUBCHAPTER XVII-A--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
 
Sec. 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) Not later than 180 days after September 29, 1988, the President 
shall submit to the Senate nominations for appointment to the Board. In 
the event that the President is unable to submit 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 report 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 submitted.

(c) Chairman and Vice Chairman

    (1) The President shall designate a Chairman and Vice Chairman of 
the Board from among members of the Board.
    (2) The Chairman 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 administrative units established by 
    the Board; and
        (C) the use and expenditure of funds.

    (3) The Chairman may delegate any of the functions under this 
paragraph to any other member or to any appropriate officer of the 
Board.
    (4) The Vice Chairman shall act as Chairman in the event of the 
absence or incapacity of the Chairman or in case of a vacancy in the 
office of Chairman.

(d) Terms

    (1) Except as provided under paragraph (2), the members of the Board 
shall serve for terms of five years. Members of the Board may be 
reappointed.
    (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 appointment.
    (3) 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 remainder of such term. A 
member may serve after the expiration of that member's term until a 
successor has taken office.

(e) Quorum

    Three members of the Board shall constitute a quorum, but a lesser 
number may hold hearings.

(Aug. 1, 1946, ch. 724, title I, Sec. 311, as added Pub. L. 100-456, 
div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat. 2076; 
renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 
1992, 106 Stat. 2944.)


       Report on External Regulation of Defense Nuclear Facilities

    Pub. L. 105-85, div. C, title XXXII, Sec. 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 recommendations on its role in the Department of 
Energy's decision to establish external regulation of defense nuclear 
facilities. The report shall include the following:
        ``(1) An assessment of the value of and the need for the Board 
    to continue to perform the functions specified 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 Department of Energy to place 
    Department of Energy defense nuclear facilities under the 
    jurisdiction of external 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 Nuclear Regulatory Commission.
        ``(6) A list of all Department of Energy defense nuclear 
    facilities that are in compliance with all applicable Department of 
    Energy orders, regulations, and requirements relating to the design, 
    construction, operation, and decommissioning of defense nuclear 
    facilities.
        ``(7) A list of all Department of Energy defense nuclear 
    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 facility that 
    the Board determines--
            ``(i) should continue to stay within the jurisdiction of the 
        Board for a period of time or indefinitely; and
            ``(ii) should come under the jurisdiction of an outside 
        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 provide services to the Department of Energy.
        ``(13) An assessment of the role of the Board, if any, in 
    privatization projects undertaken by the Department.
        ``(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 functions 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 incurred at a gaseous diffusion 
    plant to comply with regulations issued by the Nuclear Regulatory 
    Commission, 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 Energy 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 `Department of Energy 
defense nuclear facility' has the meaning provided by section 318 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2286g).''
