
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: 42USC2286d]

 
                 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. 2286d. Board recommendations


(a) Public availability and comment

    Subject to subsections (g) and (h) of this section and after receipt 
by the Secretary of Energy of any recommendations from the Board under 
section 2286a of this title, the Board promptly shall make such 
recommendations available to the public in the Department of Energy's 
regional public reading rooms and shall publish in the Federal Register 
such recommendations and a request for the submission to the Board of 
public comments on such recommendations. Interested persons shall have 
30 days after the date of the publication of such notice in which to 
submit comments, data, views, or arguments to the Board concerning the 
recommendations.

(b) Response by Secretary

    (1) The Secretary of Energy shall transmit to the Board, in writing, 
a statement on whether the Secretary accepts or rejects, in whole or in 
part, the recommendations submitted to him by the Board under section 
2286a of this title, a description of the actions to be taken in 
response to the recommendations, and his views on such recommendations. 
The Secretary of Energy shall transmit his response to the Board within 
45 days after the date of the publication, under subsection (a) of this 
section, of the notice with respect to such recommendations or within 
such additional period, not to exceed 45 days, as the Board may grant.
    (2) At the same time as the Secretary of Energy transmits his 
response to the Board under paragraph (1), the Secretary, subject to 
subsection (h) of this section, shall publish such response, together 
with a request for public comment on his response, in the Federal 
Register.
    (3) Interested persons shall have 30 days after the date of the 
publication of the Secretary of Energy's response in which to submit 
comments, data, views, or arguments to the Board concerning the 
Secretary's response.
    (4) The Board may hold hearings for the purpose of obtaining public 
comments on its recommendations and the Secretary of Energy's response.

(c) Provision of information to Secretary

    The Board shall furnish the Secretary of Energy with copies of all 
comments, data, views, and arguments submitted to it under subsection 
(a) or (b) of this section.

(d) Final decision

    If the Secretary of Energy, in a response under subsection (b)(1) of 
this section, rejects (in whole or part) any recommendation made by the 
Board under section 2286a of this title, the Board shall either reaffirm 
its original recommendation or make a revised recommendation and shall 
notify the Secretary of its action. Within 30 days after receiving the 
notice of the Board's action under this subsection, the Secretary shall 
consider the Board's action and make a final decision on whether to 
implement all or part of the Board's recommendations. Subject to 
subsection (h) of this section, the Secretary shall publish the final 
decision and the reasoning for such decision in the Federal Register and 
shall transmit to the Committees on Armed Services and on Appropriations 
of the Senate and to the Speaker of the House of Representatives a 
written report containing that decision and reasoning.

(e) Implementation plan

    The Secretary of Energy shall prepare a plan for the implementation 
of each Board recommendation, or part of a recommendation, that is 
accepted by the Secretary in his final decision. The Secretary shall 
transmit the implementation plan to the Board within 90 days after the 
date of the publication of the Secretary's final decision on such 
recommendation in the Federal Register. The Secretary may have an 
additional 45 days to transmit the plan if the Secretary submits to the 
Board and to the Committees on Armed Services and on Appropriations of 
the Senate and to the Speaker of the House of Representatives a 
notification setting forth the reasons for the delay and describing the 
actions the Secretary is taking to prepare an implementation plan under 
this subsection. The Secretary may implement any such recommendation (or 
part of any such recommendation) before, on, or after the date on which 
the Secretary transmits the implementation plan to the Board under this 
subsection.

(f) Implementation

    (1) Subject to paragraph (2), not later than one year after the date 
on which the Secretary of Energy transmits an implementation plan with 
respect to a recommendation (or part thereof) under subsection (e) of 
this section, the Secretary shall carry out and complete the 
implementation plan. If complete implementation of the plan takes more 
than 1 year, the Secretary of Energy shall submit a report to the 
Committees on Armed Services and on Appropriations of the Senate and to 
the Speaker of the House of Representatives setting forth the reasons 
for the delay and when implementation will be completed.
    (2) If the Secretary of Energy determines that the implementation of 
a Board recommendation (or part thereof) is impracticable because of 
budgetary considerations, or that the implementation would affect the 
Secretary's ability to meet the annual nuclear weapons stockpile 
requirements established pursuant to section 2121 of this title, the 
Secretary shall submit to the President, to the Committees on Armed 
Services and on Appropriations of the Senate, and to the Speaker of the 
House of Representatives a report containing the recommendation and the 
Secretary's determination.

(g) Imminent or severe threat

    (1) In any case in which the Board determines that a recommendation 
submitted to the Secretary of Energy under section 2286a of this title 
relates to an imminent or severe threat to public health and safety, the 
Board and the Secretary of Energy shall proceed under this subsection in 
lieu of subsections (a) through (d) of this section.
    (2) At the same time that the Board transmits a recommendation 
relating to an imminent or severe threat to the Secretary of Energy, the 
Board shall also transmit the recommendation to the President and for 
information purposes to the Secretary of Defense. The Secretary of 
Energy shall submit his recommendation to the President. The President 
shall review the Secretary of Energy's recommendation and shall make the 
decision concerning acceptance or rejection of the Board's 
recommendation.
    (3) After receipt by the President of the recommendation from the 
Board under this subsection, the Board promptly shall make such 
recommendation available to the public and shall transmit such 
recommendation to the Committees on Armed Services and on Appropriations 
of the Senate and to the Speaker of the House of Representatives. The 
President shall promptly notify such committees and the Speaker of his 
decision and the reasons for that decision.

(h) Limitation

    Notwithstanding any other provision of this section, the 
requirements to make information available to the public under this 
section--
        (1) shall not apply in the case of information that is 
    classified; and
        (2) shall be subject to the orders and regulations issued by the 
    Secretary of Energy under sections 2167 and 2168 of this title to 
    prohibit dissemination of certain information.

(Aug. 1, 1946, ch. 724, title I, Sec. 315, as added Pub. L. 100-456, 
div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat. 2080; 
renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 
1992, 106 Stat. 2944.)
