
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: 42USC2286a]

 
                 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. 2286a. Functions of Board


(a) In general

    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 the technical and economic 
    feasibility of implementing the recommended measures.

(b) 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.

(Aug. 1, 1946, ch. 724, title I, Sec. 312, as added Pub. L. 100-456, 
div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat. 2077; 
amended Pub. L. 102-190, div. C, title XXXII, Sec. 3202(b)(2), Dec. 5, 
1991, 105 Stat. 1582; renumbered title I, Pub. L. 102-486, title IX, 
Sec. 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)


                               Amendments

    1991--Pub. L. 102-190 designated existing provisions as subsec. (a), 
inserted heading, and added subsec. (b).

                  Section Referred to in Other Sections

    This section is referred to in sections 2286b, 2286d of this title.
