---
kind: "section"
citation: "42 U.S.C. § 2286a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "2286a"
heading: "Mission and functions of Board"
release: "119-102"
url: "https://uscodex.org/usc/42/2286a"
units:
  - "Chapter 23 — Development and Control of Atomic Energy"
  - "Division A — Atomic Energy"
  - "Subchapter XVII–A — Defense Nuclear Facilities Safety Board"
---

# §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).

## Source credit

(Aug. 1, 1946, ch. 724, title I, § 312, as added Pub. L. 100–456, div. A, title XIV, § 1441(a)(1), Sept. 29, 1988, 102 Stat. 2077; amended Pub. L. 102–190, div. C, title XXXII, § 3202(b)(2), Dec. 5, 1991, 105 Stat. 1582; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; Pub. L. 112–239, div. C, title XXXII, § 3202(b)(1), Jan. 2, 2013, 126 Stat. 2218; Pub. L. 116–92, div. C, title XXXII, § 3202(b), Dec. 20, 2019, 133 Stat. 1965.)

## Notes

### Editorial Notes

### Amendments

2019—Subsec. (a). Pub. L. 116–92 inserted “, including with respect to the health and safety of employees and contractors at such facilities” before period at end.

2013—Pub. L. 112–239, § 3202(b)(1)(A), substituted “Mission and functions” for “Functions” in section catchline.

Subsec. (a). Pub. L. 112–239, § 3202(b)(1)(C), added subsec. (a). Former subsec. (a) redesignated (b).

Subsec. (b). Pub. L. 112–239, § 3202(b)(1)(B), (D)(i), redesignated subsec. (a) as (b) and substituted “Functions” for “In general” in heading. Former subsec. (b) redesignated (c).

Subsec. (b)(5). Pub. L. 112–239, § 3202(b)(1)(D)(ii), inserted “, and specifically assess risk (whenever sufficient data exists),” after “shall consider”.

Subsec. (c). Pub. L. 112–239, § 3202(b)(1)(B), redesignated subsec. (b) as (c).

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