
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: 42USC2286e]

 
                 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. 2286e. Reports


(a) Board report

    (1) The Board shall submit to the Committees on Armed Services and 
on Appropriations of the Senate and to the Speaker of the House of 
Representatives each year, at the same time that the President submits 
the budget to Congress pursuant to section 1105(a) of title 31, a 
written report concerning its activities under this subchapter, 
including all recommendations made by the Board, during the year 
preceding the year in which the report is submitted. The Board may also 
issue periodic unclassified reports on matters within the Board's 
responsibilities.
    (2) The annual report under paragraph (1) shall include an 
assessment of--
        (A) the improvements in the safety of Department of Energy 
    defense nuclear facilities during the period covered by the report;
        (B) the improvements in the safety of Department of Energy 
    defense nuclear facilities resulting from actions taken by the Board 
    or taken on the basis of the activities of the Board; and
        (C) the outstanding safety problems, if any, of Department of 
    Energy defense nuclear facilities.

(b) DOE report

    The Secretary of Energy shall submit to the Committees on Armed 
Services and on Appropriations of the Senate and to the Speaker of the 
House of Representatives each year, at the same time that the President 
submits the budget to Congress pursuant to section 1105(a) of title 31, 
a written report concerning the activities of the Department of Energy 
under this subchapter during the year preceding the year in which the 
report is submitted.

(Aug. 1, 1946, ch. 724, title I, Sec. 316, as added Pub. L. 100-456, 
div. A, title XIV, Sec. 1441(a)(1), Sept. 29, 1988, 102 Stat. 2082; 
renumbered title I, Pub. L. 102-486, title IX, Sec. 902(a)(8), Oct. 24, 
1992, 106 Stat. 2944.)


                         Reporting Requirements

    Section 1441(c), (d) of Pub. L. 100-456 provided that:
    ``(c) Requirements for First Annual Report.--(1) Before submission 
of the first annual report by the Defense Nuclear Facilities Safety 
Board under section 316(a) of the Atomic Energy Act of 1954 [subsec. (a) 
of this section] (as added by subsection (a)), the Board shall conduct a 
study on whether nuclear facilities of the Department of Energy that are 
excluded from the definition of `Department of Energy defense nuclear 
facility' in section 318(1)(C) of such Act [section 2286g(1)(C) of this 
title] (hereafter in this subsection referred to as `non-defense nuclear 
facilities') should be subject to independent external oversight. The 
Board shall include in such first annual report the results of such 
study and the recommendation of the Board on whether non-defense nuclear 
facilities should be subject to independent external oversight.
    ``(2) If the Board recommends in the report that non-defense nuclear 
facilities should be subject to such oversight, the report shall include 
a discussion of alternative mechanisms for implementing such oversight, 
including mechanisms such as a separate executive agency and oversight 
as a part of the Board's responsibilities. The discussion of alternative 
mechanisms of oversight also shall include considerations of budgetary 
costs, protection of the security of sensitive nuclear weapons 
information, and the similarities and differences in the design, 
construction, operation, and decommissioning of defense and non-defense 
nuclear facilities of the Department of Energy.
    ``(d) Requirements for Fifth Annual Report.--The fifth annual report 
submitted by the Defense Nuclear Facilities Safety Board under section 
316(a) of the Atomic Energy Act of 1954 [subsec. (a) of this section] 
(as added by subsection (a)) shall include--
        ``(1) an assessment of the degree to which the overall 
    administration of the Board's activities are believed to meet the 
    objectives of Congress in establishing the Board;
        ``(2) recommendations for continuation, termination, or 
    modification of the Board's functions and programs, including 
    recommendations for transition to some other independent oversight 
    arrangement if it is advisable; and
        ``(3) recommendations for appropriate transition requirements in 
    the event that modifications are recommended.''

                  Section Referred to in Other Sections

    This section is referred to in section 2286h-1 of this title.
