---
kind: "range"
citation: "42 U.S.C. §§ 2286a–2286e"
title: "42"
from: "2286a"
to: "2286e"
count: 5
release: "119-102"
url: "https://uscodex.org/usc/42/2286a..2286e"
---

# §2286a. Mission and functions of Board

- (a) **Mission—** The mission of the [Board](/usc/42/10261.md?p=2) shall be to provide independent analysis, advice, and recommendations to the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) to inform the [Secretary](/usc/42/242q–4.md?p=2), in the role of the [Secretary](/usc/42/242q–4.md?p=2) as operator and regulator of the defense nuclear [facilities](/usc/42/11049.md?p=4) of the Department of [Energy](/usc/42/6311.md?p=7), in providing adequate protection of public health and safety at such defense nuclear [facilities](/usc/42/11049.md?p=4), including with respect to the health and safety of [employees](/usc/42/1320a–7h.md?p=e-7) and contractors at such [facilities](/usc/42/11049.md?p=4).
- (b) **Functions—** The [Board](/usc/42/10261.md?p=2) shall perform the following functions:
  - (1) **Review and evaluation of standards—** The [Board](/usc/42/10261.md?p=2) shall review and evaluate the content and implementation of the [standards](/usc/42/1320d.md?p=7) relating to the design, [construction](/usc/42/7479.md?p=2-C), operation, and decommissioning of defense nuclear [facilities](/usc/42/11049.md?p=4) of the Department of [Energy](/usc/42/6311.md?p=7) (including all applicable Department of [Energy](/usc/42/6311.md?p=7) orders, regulations, and requirements) at each [Department of Energy defense nuclear facility](/usc/42/2286g.md). The [Board](/usc/42/10261.md?p=2) shall recommend to the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) those specific measures that should be adopted to ensure that public health and safety are adequately protected. The [Board](/usc/42/10261.md?p=2) shall include in its recommendations necessary changes in the content and implementation of such [standards](/usc/42/1320d.md?p=7), as well as matters on which additional data or additional research is needed.
  - (2) **Investigations—**
    - (A) The [Board](/usc/42/10261.md?p=2) shall investigate any event or practice at a [Department of Energy defense nuclear facility](/usc/42/2286g.md) which the [Board](/usc/42/10261.md?p=2) determines has adversely affected, or may adversely affect, public health and safety.
    - (B) The purpose of any [Board](/usc/42/10261.md?p=2) investigation under [subparagraph (A)](#b-2-A) shall be—
      - (i) to determine whether the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) is adequately implementing the [standards](/usc/42/1320d.md?p=7) described in [paragraph (1)](#b-1) of the Department of [Energy](/usc/42/6311.md?p=7) (including all applicable Department of [Energy](/usc/42/6311.md?p=7) orders, regulations, and requirements) at the [facility](/usc/42/11049.md?p=4);
      - (ii) to ascertain information concerning the circumstances of such event or practice and its implications for such [standards](/usc/42/1320d.md?p=7);
      - (iii) to determine whether such event or practice is related to other events or [practices](/usc/42/17061.md?p=19) at other [Department of Energy defense nuclear facilities](/usc/42/2286g.md); and
      - (iv) to provide to the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) such recommendations for changes in such [standards](/usc/42/1320d.md?p=7) or the implementation of such [standards](/usc/42/1320d.md?p=7) (including Department of [Energy](/usc/42/6311.md?p=7) 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](/usc/42/10261.md?p=2) shall have access to and may systematically analyze design and operational data, including safety analysis reports, from any [Department of Energy defense nuclear facility](/usc/42/2286g.md).
  - (4) **Review of facility design and construction—** The [Board](/usc/42/10261.md?p=2) shall review the design of a new [Department of Energy defense nuclear facility](/usc/42/2286g.md) before [construction](/usc/42/7479.md?p=2-C) of such [facility](/usc/42/11049.md?p=4) begins and shall recommend to the [Secretary](/usc/42/242q–4.md?p=2), within a reasonable time, such [modifications](/usc/42/7501.md?p=4) of the design as the [Board](/usc/42/10261.md?p=2) considers necessary to ensure adequate protection of public health and safety. During the [construction](/usc/42/7479.md?p=2-C) of any such [facility](/usc/42/11049.md?p=4), the [Board](/usc/42/10261.md?p=2) shall periodically review and monitor the [construction](/usc/42/7479.md?p=2-C) and shall submit to the [Secretary](/usc/42/242q–4.md?p=2), within a reasonable time, such recommendations relating to the [construction](/usc/42/7479.md?p=2-C) of that [facility](/usc/42/11049.md?p=4) as the [Board](/usc/42/10261.md?p=2) considers necessary to ensure adequate protection of public health and safety. An action of the [Board](/usc/42/10261.md?p=2), or a failure to act, under this paragraph may not delay or prevent the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) from carrying out the [construction](/usc/42/7479.md?p=2-C) of such a [facility](/usc/42/11049.md?p=4).
  - (5) **Recommendations—** The [Board](/usc/42/10261.md?p=2) shall make such recommendations to the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) with respect to [Department of Energy defense nuclear facilities](/usc/42/2286g.md), including operations of such [facilities](/usc/42/11049.md?p=4), [standards](/usc/42/1320d.md?p=7), and research needs, as the [Board](/usc/42/10261.md?p=2) determines are necessary to ensure adequate protection of public health and safety. In making its recommendations the [Board](/usc/42/10261.md?p=2) shall consider, and specifically assess risk (whenever sufficient data exists), the technical and economic feasibility of implementing the recommended measures.
- (c) **Excluded functions—** The functions of the [Board](/usc/42/10261.md?p=2) under this subchapter do not include functions relating to the safety of [atomic weapons](/usc/42/7384l.md?p=2). However, the [Board](/usc/42/10261.md?p=2) shall have access to any information on [atomic weapons](/usc/42/7384l.md?p=2) that is within the Department of [Energy](/usc/42/6311.md?p=7) and is necessary to carry out the functions of the [Board](/usc/42/10261.md?p=2).

# §2286b. Powers of Board

- (a) **Hearings—**
  - (1) The [Board](/usc/42/10261.md?p=2) or a member authorized by the [Board](/usc/42/10261.md?p=2) 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](/usc/42/10261.md?p=2) or an authorized member may find advisable.
  - (2)
    - (A) Subpoenas may be issued only under the signature of the Chairperson or any member of the [Board](/usc/42/10261.md?p=2) designated by him and shall be served by any [person](/usc/42/1320a–7k.md?p=d-4-C-i) designated by the Chairperson, any member, or any [person](/usc/42/1320a–7k.md?p=d-4-C-i) as otherwise provided by law. The attendance of witnesses and the production of evidence may be required from any place in the [United States](/usc/42/403.md?p=k) at any designated place of hearing in the [United States](/usc/42/403.md?p=k).
    - (B) Any member of the [Board](/usc/42/10261.md?p=2) may administer oaths or affirmations to witnesses appearing before the [Board](/usc/42/10261.md?p=2).
    - (C) If a [person](/usc/42/1320a–7k.md?p=d-4-C-i) issued a subpoena under [paragraph (1)](#a-1) refuses to obey such subpoena or is guilty of contumacy, any court of the [United States](/usc/42/403.md?p=k) within the judicial district within which the hearing is conducted or within the judicial district within which such [person](/usc/42/1320a–7k.md?p=d-4-C-i) is found or resides or transacts business may (upon application by the [Board](/usc/42/10261.md?p=2)) order such [person](/usc/42/1320a–7k.md?p=d-4-C-i) to appear before the [Board](/usc/42/10261.md?p=2) 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](/usc/42/10261.md?p=2) shall be served in the manner provided for subpoenas issued by a [United States](/usc/42/403.md?p=k) district court under the Federal Rules of Civil Procedure for the [United States](/usc/42/403.md?p=k) 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](/usc/42/1320a–7k.md?p=d-4-C-i) required to be served resides or may be found.
- (b) **Staff—**
  - (1) The [Board](/usc/42/10261.md?p=2) may, for the purpose of performing its responsibilities under this subchapter—
    - (A) in accordance with [section 2286(c)(6) of this title](/usc/42/2286.md?p=c-6), hire such staff as it considers necessary to perform the functions of the [Board](/usc/42/10261.md?p=2), including such scientific and technical personnel as the [Board](/usc/42/10261.md?p=2) may determine necessary, but not more than the equivalent of 130 full-time [employees](/usc/42/1320a–7h.md?p=e-7); and
    - (B) procure the temporary and intermittent services of experts and consultants to the extent authorized by [section 3109(b) of title 5](/usc/5/3109.md?p=b) at rates the [Board](/usc/42/10261.md?p=2) determines to be reasonable.
  - (2) The authority and requirements provided in [section 2201(d) of this title](/usc/42/2201.md?p=d) with respect to officers and [employees](/usc/42/1320a–7h.md?p=e-7) of the [Commission](/usc/42/2000ff.md?p=1) shall apply with respect to scientific and technical personnel hired under [paragraph (1)(A)](#b-1-A).
  - (3)
    - (A) The [Board](/usc/42/10261.md?p=2) shall have an [Executive Director](/usc/42/4370m.md?p=12) of Operations who shall be appointed under [section 2286(c)(6) of this title](/usc/42/2286.md?p=c-6).
    - (B) The [Executive Director](/usc/42/4370m.md?p=12) of Operations shall report to the Chairperson.
    - (C) The [Executive Director](/usc/42/4370m.md?p=12) of Operations shall be the senior [employee](/usc/42/1320a–7h.md?p=e-7) of the [Board](/usc/42/10261.md?p=2) responsible for—
      - (i) general administration and technical matters;
      - (ii) ensuring that the members of the [Board](/usc/42/10261.md?p=2) are fully and currently informed with respect to matters for which the members are responsible; and
      - (iii) the functions delegated by the Chairperson pursuant to [section 2286(c)(3)(B) of this title](/usc/42/2286.md?p=c-3-B).
  - (4) Subject to the approval of the [Board](/usc/42/10261.md?p=2), the Chairperson may organize the staff of the [Board](/usc/42/10261.md?p=2) as the Chairperson considers appropriate to best accomplish the mission of the [Board](/usc/42/10261.md?p=2) described in [section 2286a(a) of this title](/usc/42/2286a.md?p=a).
- (c) **Regulations—** The [Board](/usc/42/10261.md?p=2) may prescribe regulations to carry out the responsibilities of the [Board](/usc/42/10261.md?p=2) under this subchapter.
- (d) **Reporting requirements—** The [Board](/usc/42/10261.md?p=2) may establish reporting requirements for the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) which shall be binding upon the [Secretary](/usc/42/242q–4.md?p=2). The information which the [Board](/usc/42/10261.md?p=2) may require the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) 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](/usc/42/2167.md) or [2168](/usc/42/2168.md) of this title.
- (e) **Use of Government facilities, etc.** The [Board](/usc/42/10261.md?p=2) may, for the purpose of carrying out its responsibilities under this subchapter, use any [facility](/usc/42/11049.md?p=4), contractor, or [employee](/usc/42/1320a–7h.md?p=e-7) of any other department or [agency](/usc/42/2231.md?p=a) of the Federal Government with the consent of and under appropriate support arrangements with the head of such department or [agency](/usc/42/2231.md?p=a) 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](/usc/42/2000ff.md?p=1), the [Board](/usc/42/10261.md?p=2) may obtain the advice and recommendations of the staff of the [Commission](/usc/42/2000ff.md?p=1) on matters relating to the [Board](/usc/42/10261.md?p=2)’s responsibilities and may obtain the advice and recommendations of the [Advisory Committee](/usc/42/7703.md?p=9) 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](/usc/42/10261.md?p=2) may enter into an [agreement](/usc/42/1320b–8.md?p=a-3-A) with the National Research [Council](/usc/42/300f.md?p=9) of the National Academy of Sciences or any other appropriate group or organization of experts outside the Federal Government chosen by the [Board](/usc/42/10261.md?p=2) to assist the [Board](/usc/42/10261.md?p=2) in carrying out its responsibilities under this subchapter.
- (h) **Resident inspectors—** The [Board](/usc/42/10261.md?p=2) may assign staff to be stationed at any [Department of Energy defense nuclear facility](/usc/42/2286g.md) to carry out the functions of the [Board](/usc/42/10261.md?p=2).
- (i) **Special studies—** The [Board](/usc/42/10261.md?p=2) may conduct special studies pertaining to adequate protection of public health and safety at any [Department of Energy defense nuclear facility](/usc/42/2286g.md).
- (j) **Evaluation of information—** The [Board](/usc/42/10261.md?p=2) may evaluate information received from the scientific and industrial communities, and from the interested public, with respect to—
  - (1) events or [practices](/usc/42/17061.md?p=19) at any [Department of Energy defense nuclear facility](/usc/42/2286g.md); or
  - (2) suggestions for specific measures to improve the content of [standards](/usc/42/1320d.md?p=7) described in [section 2286a(b)(1) of this title](/usc/42/2286a.md?p=b-1), the implementation of such [standards](/usc/42/1320d.md?p=7), or research relating to such [standards](/usc/42/1320d.md?p=7) at [Department of Energy defense nuclear facilities](/usc/42/2286g.md).
- (k) **Nonpublic collaborative discussions—**
  - (1) **In general—** Notwithstanding [section 552b of title 5](/usc/5/552b.md), a quorum of the members of the [Board](/usc/42/10261.md?p=2) may hold a meeting that is not open to public observation to discuss official business of the [Board](/usc/42/10261.md?p=2) if—
    - (A) no formal or informal vote or other official action is taken at the meeting;
    - (B) each individual present at the meeting is a member or an [employee](/usc/42/1320a–7h.md?p=e-7) of the [Board](/usc/42/10261.md?p=2);
    - (C) at least one member of the [Board](/usc/42/10261.md?p=2) from each political party is present at the meeting, unless all members of the [Board](/usc/42/10261.md?p=2) are of the same political party at the time of the meeting; and
    - (D) the general counsel of the [Board](/usc/42/10261.md?p=2), or a designee of the general counsel, is present at the meeting.
  - (2) **Disclosure of nonpublic collaborative discussions—**
    - (A) **In general—** Except as provided by [subparagraph (B)](#k-2-B), not later than two business days after the conclusion of a meeting described in [paragraph (1)](#k-1), the [Board](/usc/42/10261.md?p=2) shall make available to the public, in a place easily accessible to the public—
      - (i) a list of the individuals present at the meeting; and
      - (ii) a summary of the matters, including key issues, discussed at the meeting, except for any matter the [Board](/usc/42/10261.md?p=2) properly determines may be withheld from the public under [section 552b(c) of title 5](/usc/5/552b.md?p=c).
    - (B) **Information about matters withheld from public—** If the [Board](/usc/42/10261.md?p=2) properly determines under [subparagraph (A)(ii)](#k-2-A-ii) that a matter may be withheld from the public under [section 552b(c) of title 5](/usc/5/552b.md?p=c), the [Board](/usc/42/10261.md?p=2) shall include in the summary required by that subparagraph as much general information as possible with respect to the matter.
  - (3) **Rules of construction—** Nothing in this subsection may be construed—
    - (A) to limit the applicability of [section 552b of title 5](/usc/5/552b.md) with respect to—
      - (i) a meeting of the members of the [Board](/usc/42/10261.md?p=2) other than a meeting described in [paragraph (1)](#k-1); or
      - (ii) any information that is proposed to be withheld from the public under [paragraph (2)(A)(ii)](#k-2-A-ii); or
    - (B) to authorize the [Board](/usc/42/10261.md?p=2) to withhold from any individual any record that is accessible to that individual under [section 552a of title 5](/usc/5/552a.md).

# §2286c. Responsibilities of Secretary of Energy

- (a) **Cooperation—** Except as specifically provided by this section, the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall fully cooperate with the [Board](/usc/42/10261.md?p=2) and provide the [Board](/usc/42/10261.md?p=2) with prompt and unfettered access to such [facilities](/usc/42/11049.md?p=4), personnel, and information as the [Board](/usc/42/10261.md?p=2) considers necessary to carry out its responsibilities under this subchapter. Each contractor operating a [Department of Energy defense nuclear facility](/usc/42/2286g.md) under a contract awarded by the [Secretary](/usc/42/242q–4.md?p=2) shall, to the extent provided in such contract or otherwise with the contractor’s consent, fully cooperate with the [Board](/usc/42/10261.md?p=2) and provide the [Board](/usc/42/10261.md?p=2) with prompt and unfettered access to such [facilities](/usc/42/11049.md?p=4), personnel, and information of the contractor as the [Board](/usc/42/10261.md?p=2) considers necessary to carry out its responsibilities under this subchapter. The access provided to defense nuclear [facilities](/usc/42/11049.md?p=4), personnel, and information under this subsection shall be provided without regard to the [hazard](/usc/42/5165f.md?p=a-3) or risk [category](/usc/42/1395w–4.md?p=j-1) assigned to a [facility](/usc/42/11049.md?p=4) by the [Secretary](/usc/42/242q–4.md?p=2).
- (b) **Authority of Secretary to deny information—**
  - (1) The [Secretary](/usc/42/242q–4.md?p=2) may deny access to information under [subsection (a)](#a) only to any [person](/usc/42/1320a–7k.md?p=d-4-C-i) who—
    - (A) has not been granted an appropriate security clearance or access [authorization](/usc/42/4370m.md?p=3) by the [Secretary](/usc/42/242q–4.md?p=2); or
    - (B) does not need such access in connection with the duties of such [person](/usc/42/1320a–7k.md?p=d-4-C-i).
  - (2) If the [Board](/usc/42/10261.md?p=2) requests access to information under [subsection (a)](#a) in written form, and the [Secretary](/usc/42/242q–4.md?p=2) denies access to such information pursuant to [paragraph (1)](#b-1)—
    - (A) the [Secretary](/usc/42/242q–4.md?p=2) shall provide the [Board](/usc/42/10261.md?p=2) notice of such denial in written form; and
    - (B) not later than January 1 and July 1 of each year beginning in 2020—
      - (i) the [Board](/usc/42/10261.md?p=2) shall submit to the [congressional defense committees](#b-3) a report identifying each request for access to information under [subsection (a)](#a) submitted to the [Secretary](/usc/42/242q–4.md?p=2) in written form during the preceding six-month period and denied by the [Secretary](/usc/42/242q–4.md?p=2); and
      - (ii) the [Secretary](/usc/42/242q–4.md?p=2) shall submit to the [congressional defense committees](#b-3) a report identifying—
        - (I) each such request denied by the [Secretary](/usc/42/242q–4.md?p=2) during that period; and
        - (II) the reason for the denial.
  - (3) In this subsection, the term “congressional defense committees” has the meaning given that term in [section 101(a) of title 10](/usc/10/101.md?p=a).
- (c) **Application of nondisclosure protections by Board—** The [Board](/usc/42/10261.md?p=2) may not publicly disclose information provided under this section if such information is otherwise protected from disclosure by law, including deliberative process information.

# §2286d. Board recommendations

- (a) **Submission of recommendations—**
  - (1) Subject to subsections [(h)](#h) and [(i)](#i), not later than 30 days before the date on which the [Board](/usc/42/10261.md?p=2) transmits a recommendation to the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) under [section 2286a of this title](/usc/42/2286a.md), the [Board](/usc/42/10261.md?p=2) shall transmit to the [Secretary](/usc/42/242q–4.md?p=2) in writing a draft of such recommendation and any related findings, supporting data, and analyses to ensure the [Secretary](/usc/42/242q–4.md?p=2) is adequately informed of a formal recommendation and to provide the [Secretary](/usc/42/242q–4.md?p=2) an opportunity to provide input to the [Board](/usc/42/10261.md?p=2) before such recommendation is finalized.
  - (2) The [Secretary](/usc/42/242q–4.md?p=2) may provide to the [Board](/usc/42/10261.md?p=2) comments on a draft recommendation transmitted by the [Board](/usc/42/10261.md?p=2) under [paragraph (1)](#a-1) by not later than 30 days after the date on which the [Secretary](/usc/42/242q–4.md?p=2) receives the draft recommendation. The [Board](/usc/42/10261.md?p=2) may grant, upon request by the [Secretary](/usc/42/242q–4.md?p=2), additional time for the [Secretary](/usc/42/242q–4.md?p=2) to transmit comments to the [Board](/usc/42/10261.md?p=2).
  - (3) After the period of time in which the [Secretary](/usc/42/242q–4.md?p=2) may provide comments under [paragraph (2)](#a-2) elapses, the [Board](/usc/42/10261.md?p=2) may transmit a final recommendation to the [Secretary](/usc/42/242q–4.md?p=2).
- (b) **Public availability and comment—** Subject to subsections [(h)](#h) and [(i)](#i), after the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) receives a recommendation from the [Board](/usc/42/10261.md?p=2) under [subsection (a)(3)](#a-3), the [Board](/usc/42/10261.md?p=2) shall promptly make available to the public such recommendation and any related correspondence from the [Secretary](/usc/42/242q–4.md?p=2) by—
  - (1) providing such recommendation and correspondence to the public in the regional public reading rooms of the Department of [Energy](/usc/42/6311.md?p=7); and
  - (2) publishing in the Federal Register—
    - (A) such recommendation and correspondence; and
    - (B) a request for the submission to the [Board](/usc/42/10261.md?p=2) of public comments on such recommendation that provides interested [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with 30 days after the date of the publication in which to submit comments, data, views, or arguments to the [Board](/usc/42/10261.md?p=2) concerning the recommendation.
- (c) **Response by Secretary—**
  - (1) The [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall transmit to the [Board](/usc/42/10261.md?p=2), in writing, a statement on whether the [Secretary](/usc/42/242q–4.md?p=2) accepts or rejects, in whole or in part, the recommendations submitted to him by the [Board](/usc/42/10261.md?p=2) under [section 2286a of this title](/usc/42/2286a.md), a description of the actions to be taken in response to the recommendations, and his views on such recommendations. The [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall transmit his response to the [Board](/usc/42/10261.md?p=2) within 45 days after the date of the publication, under [subsection (b)](#b), of the notice with respect to such recommendations or within such additional period, not to exceed 45 days, as the [Board](/usc/42/10261.md?p=2) may grant.
  - (2) At the same time as the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) transmits his response to the [Board](/usc/42/10261.md?p=2) under [paragraph (1)](#c-1), the [Secretary](/usc/42/242q–4.md?p=2), subject to [subsection (i)](#i), shall publish such response, together with a request for public comment on his response, in the Federal Register.
  - (3) Interested [persons](/usc/42/1320a–7k.md?p=d-4-C-i) shall have 30 days after the date of the publication of the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7)’s response in which to submit comments, data, views, or arguments to the [Board](/usc/42/10261.md?p=2) concerning the [Secretary](/usc/42/242q–4.md?p=2)’s response.
  - (4) The [Board](/usc/42/10261.md?p=2) may hold hearings for the purpose of obtaining public comments on its recommendations and the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7)’s response.
- (d) **Provision of information to Secretary—** The [Board](/usc/42/10261.md?p=2) shall furnish the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) with copies of all comments, data, views, and arguments submitted to it under subsection [(b)](#b) or [(c)](#c).
- (e) **Final decision—** If the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7), in a response under [subsection (c)(1)](#c-1), rejects (in whole or part) any recommendation made by the [Board](/usc/42/10261.md?p=2) under [section 2286a of this title](/usc/42/2286a.md), the [Board](/usc/42/10261.md?p=2) shall either reaffirm its original recommendation or make a revised recommendation and shall notify the [Secretary](/usc/42/242q–4.md?p=2) of its action. Within 30 days after receiving the notice of the [Board](/usc/42/10261.md?p=2)’s action under this subsection, the [Secretary](/usc/42/242q–4.md?p=2) shall consider the [Board](/usc/42/10261.md?p=2)’s action and make a final decision on whether to implement all or part of the [Board](/usc/42/10261.md?p=2)’s recommendations. Subject to [subsection (i)](#i), the [Secretary](/usc/42/242q–4.md?p=2) shall publish the final decision and the reasoning for such decision in the Federal Register and shall transmit to the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and Natural Resources of the Senate a written report containing that decision and reasoning.
- (f) **Implementation plan—** The [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall prepare a plan for the implementation of each [Board](/usc/42/10261.md?p=2) recommendation, or part of a recommendation, that is accepted by the [Secretary](/usc/42/242q–4.md?p=2) in his final decision. The [Secretary](/usc/42/242q–4.md?p=2) shall transmit the implementation plan to the [Board](/usc/42/10261.md?p=2) within 90 days after the date of the publication of the [Secretary](/usc/42/242q–4.md?p=2)’s final decision on such recommendation in the Federal Register. The [Secretary](/usc/42/242q–4.md?p=2) may have an additional 45 days to transmit the plan if the [Secretary](/usc/42/242q–4.md?p=2) submits to the [Board](/usc/42/10261.md?p=2) and to the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and Natural Resources of the Senate a notification setting forth the reasons for the delay and describing the actions the [Secretary](/usc/42/242q–4.md?p=2) is taking to prepare an implementation plan under this subsection. The [Secretary](/usc/42/242q–4.md?p=2) may implement any such recommendation (or part of any such recommendation) before, on, or after the date on which the [Secretary](/usc/42/242q–4.md?p=2) transmits the implementation plan to the [Board](/usc/42/10261.md?p=2) under this subsection.
- (g) **Implementation—**
  - (1) Subject to [paragraph (2)](#g-2), not later than one year after the date on which the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) transmits an implementation plan with respect to a recommendation (or part thereof) under [subsection (f)](#f), the [Secretary](/usc/42/242q–4.md?p=2) shall carry out and complete the implementation plan. If complete implementation of the plan takes more than 1 year, the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall submit a report to the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and Natural Resources of the Senate setting forth the reasons for the delay and when implementation will be completed.
  - (2) If the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) determines that the implementation of a [Board](/usc/42/10261.md?p=2) recommendation (or part thereof) is impracticable because of budgetary considerations, or that the implementation would affect the [Secretary](/usc/42/242q–4.md?p=2)’s ability to meet the annual nuclear weapons stockpile requirements established pursuant to [section 2121 of this title](/usc/42/2121.md), the [Secretary](/usc/42/242q–4.md?p=2) shall submit to the President and to such committees a report containing the recommendation and the [Secretary](/usc/42/242q–4.md?p=2)’s determination.
- (h) **Imminent or severe threat—**
  - (1) In any case in which the [Board](/usc/42/10261.md?p=2) determines that a recommendation submitted to the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) under [section 2286a of this title](/usc/42/2286a.md) relates to an imminent or severe threat to public health and safety, the [Board](/usc/42/10261.md?p=2) and the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall proceed under this subsection in lieu of [subsections (a) through (e)](#a..e).
  - (2) At the same time that the [Board](/usc/42/10261.md?p=2) transmits a recommendation relating to an imminent or severe threat to the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7), the [Board](/usc/42/10261.md?p=2) shall also transmit the recommendation to the President and for information purposes to the [Secretary](/usc/42/242q–4.md?p=2) of Defense. The [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall submit his recommendation to the President. The President shall review the [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7)’s recommendation and shall make the decision concerning acceptance or rejection of the [Board](/usc/42/10261.md?p=2)’s recommendation.
  - (3) After receipt by the President of the recommendation from the [Board](/usc/42/10261.md?p=2) under this subsection, the [Board](/usc/42/10261.md?p=2) promptly shall make such recommendation available to the public and shall transmit such recommendation to the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and Natural Resources of the Senate. The President shall promptly notify such committees of his decision and the reasons for that decision.
- (i) **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](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) under sections [2167](/usc/42/2167.md) and [2168](/usc/42/2168.md) of this title to prohibit dissemination of certain information.

# §2286e. Reports

- (a) **Board report—**
  - (1) The [Board](/usc/42/10261.md?p=2) shall submit to the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and Natural Resources of the Senate each year, at the same time that the President submits the budget to Congress pursuant to [section 1105(a) of title 31](/usc/31/1105.md?p=a), a written report concerning its activities under this subchapter, including all recommendations made by the [Board](/usc/42/10261.md?p=2), during the year preceding the year in which the report is submitted. The [Board](/usc/42/10261.md?p=2) may also issue periodic unclassified reports on matters within the [Board](/usc/42/10261.md?p=2)’s responsibilities.
  - (2) The annual report under [paragraph (1)](#a-1) shall include an assessment of—
    - (A) the improvements in the safety of [Department of Energy defense nuclear facilities](/usc/42/2286g.md) during the period covered by the report;
    - (B) the improvements in the safety of [Department of Energy defense nuclear facilities](/usc/42/2286g.md) resulting from actions taken by the [Board](/usc/42/10261.md?p=2) or taken on the basis of the activities of the [Board](/usc/42/10261.md?p=2); and
    - (C) the outstanding safety problems, if any, of [Department of Energy defense nuclear facilities](/usc/42/2286g.md).
- (b) **DOE report—** The [Secretary](/usc/42/242q–4.md?p=2) of [Energy](/usc/42/6311.md?p=7) shall submit to the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and [Commerce](/usc/42/6311.md?p=7) of the House of [Representatives](/usc/42/3058f.md?p=5) and the Committees on Armed Services, Appropriations, and [Energy](/usc/42/6311.md?p=7) and Natural Resources of the Senate each year, at the same time that the President submits the budget to Congress pursuant to [section 1105(a) of title 31](/usc/31/1105.md?p=a), a written report concerning the activities of the Department of [Energy](/usc/42/6311.md?p=7) under this subchapter during the year preceding the year in which the report is submitted.