
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: 42USC2286b]

 
                 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. 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 subpoena or otherwise, the 
attendance and testimony 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 
Chairman or any member of the Board designated by him and shall be 
served by any person designated by the Chairman, any member, or any 
person as otherwise provided 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 before the Board.
    (C) If a person issued a subpoena under paragraph (1) refuses to 
obey such subpoena or is guilty of contumacy, any court of the United 
States within the judicial district within which the hearing is 
conducted or within the judicial district within which such person is 
found or resides or transacts business may (upon application by the 
Board) order such person to appear before the Board to produce evidence 
or to give testimony relating to the matter under investigation. Any 
failure to obey such order of the court may be punished by such court as 
a contempt of the court.
    (D) The subpoenas of the Board shall be served in the manner 
provided for subpoenas issued by a United States district court under 
the Federal Rules of Civil Procedure for the United States district 
courts.
    (E) All process of any court to which application may be made under 
this section may be served in the judicial district in which the person 
required to be served resides or may be found.

(b) Staff

    (1) The Board may, for the purpose of performing its 
responsibilities under this subchapter--
        (A) hire such staff as it considers necessary to perform the 
    functions of the Board, including such scientific and technical 
    personnel as the Board may determine necessary, but not more than 
    the equivalent of 150 full-time employees; and
        (B) procure the temporary and intermittent services of experts 
    and consultants to the extent authorized by section 3109(b) of title 
    5 at rates the Board determines to be reasonable.

    (2) The authority and requirements provided in section 2201(d) of 
this title with respect to officers and employees of the Commission 
shall apply with respect to scientific and technical personnel hired 
under paragraph (1)(A).

(c) Regulations

    The Board may prescribe regulations to carry out the 
responsibilities of the Board under this subchapter.

(d) Reporting requirements

    The Board may establish reporting requirements for the Secretary of 
Energy which shall be binding upon the Secretary. The information which 
the Board may require the Secretary of Energy to report under this 
subsection may include any information designated as classified 
information, or any information designated as safeguards information and 
protected from disclosure under section 2167 or 2168 of this title.

(e) Use of Government facilities, etc.

    The Board may, for the purpose of carrying out its responsibilities 
under this subchapter, use any facility, contractor, or employee of any 
other department or agency of the Federal Government with the consent of 
and under appropriate support arrangements with the head of such 
department or agency and, in the case of a contractor, with the consent 
of the contractor.

(f) Assistance from certain agencies of Federal Government

    With the consent of and under appropriate support arrangements with 
the Nuclear Regulatory Commission, the Board may obtain the advice and 
recommendations of the staff of the Commission on matters relating to 
the Board's responsibilities and may obtain the advice and 
recommendations of the Advisory Committee on Reactor Safeguards on such 
matters.

(g) Assistance from organizations outside Federal Government

    Notwithstanding any other provision of law relating to the use of 
competitive procedures, the Board may enter into an agreement with the 
National Research Council of the National Academy of Sciences or any 
other appropriate group or organization of experts outside the Federal 
Government chosen by the Board to assist the Board in carrying out its 
responsibilities under this subchapter.

(h) Resident inspectors

    The Board may assign staff to be stationed at any Department of 
Energy defense nuclear facility to carry out the functions of the Board.

(i) Special studies

    The Board may conduct special studies pertaining to adequate 
protection of public health and safety at any Department of Energy 
defense nuclear facility.

(j) Evaluation of information

    The Board may evaluate information received from the scientific and 
industrial communities, and from the interested public, with respect 
to--
        (1) events or practices at any Department of Energy defense 
    nuclear facility; or
        (2) suggestions for specific measures to improve the content of 
    standards described in section 2286a(1) of this title, the 
    implementation of such standards, or research relating to such 
    standards at Department of Energy defense nuclear facilities.

(Aug. 1, 1946, ch. 724, title I, Sec. 313, as added Pub. L. 100-456, 
div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat. 2079; 
amended Pub. L. 101-510, div. C, title XXXII, Sec. 3202, Nov. 5, 1990, 
104 Stat. 1844; Pub. L. 102-190, div. C, title XXXII, Sec. 3202(a), 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.)

                       References in Text

    The Federal Rules of Civil Procedure, referred to in subsec. 
(a)(2)(D), are set out in the Appendix to Title 28, Judiciary and 
Judicial Procedure.


                               Amendments

    1991--Subsec. (b)(1)(A). Pub. L. 102-190, Sec. 3202(a)(1), 
substituted ``150'' for ``100''.
    Subsec. (g). Pub. L. 102-190, Sec. 3202(a)(2), substituted 
``Notwithstanding any other provision of law relating to the use of 
competitive procedures, the Board may'' for ``The Board may''.
    1990--Subsec. (b). Pub. L. 101-510 designated existing provisions as 
par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), 
respectively, inserted ``including such scientific and technical 
personnel as the Board may determine necessary,'' after ``Board,'' in 
subpar. (A), and added par. (2).
