ENABLING STATUTE OF THE

DEFENSE NUCLEAR FACILITIES SAFETY 

BOARD

ATOMIC ENERGY ACT OF 1954, 

CHAPTER 21, AS AMENDED

42 U.S.C. § 2286 ET SEQ.

MAY 2022
ENABLING STATUTE OF THE

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

ATOMIC ENERGY ACT OF 1954, CHAPTER 21, AS AMENDED

CODIFIED AT 42 U.S.C. § 2286 ET SEQ.

As Amended by,

National Defense Authorization Act, Fiscal Year 1989

(Pub. L. No. 100-456, September 29, 1988),

National Defense Authorization Act for Fiscal Year 1991

(Pub. L. No. 101-510, November 5, 1990),

National Defense Authorization Act for Fiscal Years 1992 and 1993

(Pub. L. No. 102-190, December 5, 1991),

Energy Policy Act of 1992

(Pub. L. No. 102-486, October 24, 1992),

National Defense Authorization Act for Fiscal Year 1994

(Pub. L. No. 103-160, November 30, 1993),

Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 

(Pub. L. No. 106-398, October 30, 2000),

Bob Stump National Defense Authorization Act for Fiscal Year 2003 

(Pub. L. No. 107-314, December 2, 2002),

National Defense Authorization Act for Fiscal Year 2004

(Pub. L. No. 108-136, November 7, 2003),

Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

(Pub. L. No. 110-417, October 14, 2008),

National Defense Authorization Act for Fiscal Year 2013

(Pub. L. No. 112-239, January 2, 2013),

Carl Levin and Howard P. “Buck” McKeon 

National Defense Authorization Act for Fiscal Year 2015 

(Pub. L. No. 113-291, December 19, 2014),

National Defense Authorization Act for Fiscal Year 2016

(Pub. L. No. 114-92, November 25, 2015),

National Defense Authorization Act for Fiscal Year 2020

(Pub. L. No. 116-92, December 20, 2019),

William M. (Mac) Thornberry National 

Defense Authorization Act for Fiscal Year 2021 

(Pub. L. No. 116-283, January 1, 2021), and 

National Defense Authorization Act for Fiscal Year 2022 

(Pub. L. No. 117-81, December 27, 2021).
TITLE 42. THE PUBLIC HEALTH AND WELFARE

CHAPTER 23. DEVELOPMENT AND CONTROL OF 

ATOMIC ENERGY

SUBCHAPTER XVII.A. 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD

42 U.S.C. § 2286 et seq.

§ 2286. Establishment [Atomic Energy Act, Sec. 311]

(a) Establishment

There is hereby established an independent establishment in the 

executive branch, to be known as the Defense Nuclear Facilities 

Safety Board" (hereafter in this subchapter referred to as the

"Board").

(b) Membership

(1) The Board shall be composed of five members appointed 

from civilian life by the President, by and with the advice and 

consent of the Senate, from among United States citizens who 

are respected experts in the field of nuclear safety with a 

demonstrated competence and knowledge relevant to the 

independent investigative and oversight functions of the Board. 

Not more than three members of the Board shall be of the same 

political party.

(2) Any vacancy in the membership of the Board shall be filled 

in the same manner in which the original appointment was made.

(3) No member of the Board may be an employee of, or have any 

significant financial relationship with, the Department of Energy 

or any contractor of the Department of Energy.

(4) The President shall enter into an arrangement with the 

National Academy of Sciences under which the National 

Academy shall maintain a list of individuals who meet the 

qualifications described in paragraph (1) to assist the President in 
selecting individuals to nominate for positions as members of the 

Board.

(c) Chairperson, Vice Chairperson, and Members

(1) The President shall designate a Chairperson and Vice 

Chairperson of the Board from among members of the Board.

(2) In accordance with paragraphs (5) and (6), the Chairperson

shall be the chief executive officer of the Board and, subject to 

such policies as the Board may establish, shall exercise the 

functions of the Board with respect to—

(A) the appointment and supervision of employees of the 

Board;

(B) the organization of any administrative units established 

by the Board; and

(C) the use and expenditure of funds.

(3) (A) The Chairperson may delegate any of the functions under 

this paragraph to any other member or to any appropriate officer 

of the Board.

(B) In carrying out subparagraph (A), the Chairperson shall 

delegate to the Executive Director of Operations established 

under section 2286b(b)(3) the following functions:

(i) Administrative functions of the Board.

(ii) Appointment and supervision of employees of the Board 

not specified under paragraph (6).

(iii) Distribution of Business among the employees and 

administrative units and offices of the Board.

(iv) Preparation of—
(I) proposals for the reorganization of the administrative 

units or offices of the Board;

(II) the budget estimate for the Board; and

(III) the proposed distribution of funds according to 

purposes approved by the Board.

(4) The Vice Chairperson shall act as Chairperson in the event of 

the absence or incapacity of the Chairperson or in case of a 

vacancy in the office of Chairperson.

(5) Each member of the Board, including the Chairperson and 

Vice Chairperson, shall—

(A) have equal responsibility and authority in establishing 

decisions and determining actions of the Board;

(B) have full access to all information relating to the 

performance of the Board’s functions, powers, and mission; 

and

(C) have one vote.

(6)(A) The Chairperson, subject to the approval of the Board, 

shall appoint the senior employees described in subparagraph 

(C). Any member of the Board may propose to the Chairperson

an individual to be so appointed.

(B) The Chairperson, subject to the approval of the Board, may 

remove a senior employee described in subparagraph (C). Any 

member of the Board may propose to the Chairperson an 

individual to be so removed.

(C) The senior employees described in this subparagraph are the 

following senior employees of the Board:

(i) The Executive Director of Operations established under 

section 2286b(b)(3).
(ii) The general counsel.

(d) Terms

(1) Except as provided under paragraph (2), the members of the 

Board shall serve for terms of five years. A member may be 

reappointed for a second term only if the member was confirmed 

by the Senate more than two years into the member’s first term. 

A member may not be reappointed for a third term.

(2) Of the members first appointed—

(A) one shall be appointed for a term of one year;

(B) one shall be appointed for a term of two years;

(C) one shall be appointed for a term of three years;

(D) one shall be appointed for a term of four years; and

(E) one shall be appointed for a term of five years, as 

designated by the President at the time of appointment.

(3) (A) Any member appointed to fill a vacancy occurring before 

the expiration of the term of office for which such member's 

predecessor was appointed shall be appointed only for the 

remainder of such term. 

(B) A member may not serve after the expiration of the 

member’s term, unless the departure of the member would result 

in the loss of a quorum for the Board. If more than one member 

is serving after the expiration of the member’s term and a new 

member is appointed to the Board so that one of the members 

serving after the expiration of the member’s term is no longer 

necessary to maintain a quorum, the member whose term expired 

first may no longer serve on the Board.

(4)(A) Not later than 180 days after the expiration of the term of 

a member of the Board, the President shall—
(i) submit to the Senate the nomination of an individual to 

fill the vacancy; or

(ii) submit to the Committee on Armed Services of the 

Senate a report that includes—

(I) a description of the reasons the President did not 

submit such a nomination; and

(II) a plan for submitting such a nomination during the 

90-day period following the submission of the report.

(B) If the President does not submit to the Senate the nomination 

of an individual to fill a vacancy during the 90-day period 

described in subclause (II) of subparagraph (A)(ii), the President 

shall submit to the Committee on Armed Services a report 

described in that subparagraph not less frequently than every 90 

days until the President submits such a nomination.

(e) Quorum

Three members of the Board shall constitute a quorum, but a lesser 

number may hold hearings.

§ 2286a. Mission and Functions of the Board [Atomic Energy 

Act, Sec. 312]1

(a) Mission

The mission of the Board shall be to provide independent analysis, 

advice, and recommendations to the Secretary of Energy to inform 

1 Construction of Section 3202 of Pub. L. 112–239; Safety Standards

Pub. L. 112–239, div. C, title XXXII, §3202(h), Jan. 2, 2013, 126 Stat. 2220, 

provided that: "Nothing in this section [in pertinent part: amending section 

2286a to include a mission statement and require the Board to specifically 

assess risk when making recommendations; and amending section 2286d 

to provide for a draft recommendation process] or in the amendments 

made by this section shall be construed to cause a reduction in nuclear 

safety standards."
the Secretary, in the role of the Secretary as operator and regulator of 

the defense nuclear facilities of the Department of Energy, in 

providing adequate protection of public health and safety at such 

defense nuclear facilities, including with respect to the health and 

safety of employees and contractors at such facilities.

(b) Functions

The Board shall perform the following functions:

(1) Review and evaluation of standards

The Board shall review and evaluate the content and 

implementation of the standards relating to the design, 

construction, operation, and decommissioning of defense nuclear 

facilities of the Department of Energy (including all applicable 

Department of Energy orders, regulations, and requirements) at 

each Department of Energy defense nuclear facility. The Board 

shall recommend to the Secretary of Energy those specific 

measures that should be adopted to ensure that public health and 

safety are adequately protected. The Board shall include in its 

recommendations necessary changes in the content and 

implementation of such standards, as well as matters on which

additional data or additional research is needed.

(2) Investigations

(A) The Board shall investigate any event or practice at a 

Department of Energy defense nuclear facility which the 

Board determines has adversely affected, or may adversely 

affect, public health and safety.

(B) The purpose of any Board investigation under 

subparagraph (A) shall be—

(i) to determine whether the Secretary of Energy is 

adequately implementing the standards described in 

paragraph (1) of the Department of Energy (including all 

applicable Department of Energy orders, regulations, 

and requirements) at the facility;
(ii) to ascertain information concerning the 

circumstances of such event or practice and its 

implications for such standards;

(iii) to determine whether such event or practice is 

related to other events or practices at other Department 

of Energy defense nuclear facilities; and

(iv) to provide to the Secretary of Energy such 

recommendations for changes in such standards or the 

implementation of such standards (including Department 

of Energy 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 shall have access to and may systematically analyze 

design and operational data, including safety analysis reports, 

from any Department of Energy defense nuclear facility.

(4) Review of facility design and construction

The Board shall review the design of a new Department of 

Energy defense nuclear facility before construction of such 

facility begins and shall recommend to the Secretary, within a 

reasonable time, such modifications of the design as the Board 

considers necessary to ensure adequate protection of public 

health and safety. During the construction of any such facility, 

the Board shall periodically review and monitor the construction 

and shall submit to the Secretary, within a reasonable time, such 

recommendations relating to the construction of that facility as 

the Board considers necessary to ensure adequate protection of 

public health and safety. An action of the Board, or a failure to 

act, under this paragraph may not delay or prevent the Secretary 

of Energy from carrying out the construction of such a facility.
(5) Recommendations

The Board shall make such recommendations to the Secretary of 

Energy with respect to Department of Energy defense nuclear 

facilities, including operations of such facilities, standards, and 

research needs, as the Board determines are necessary to ensure 

adequate protection of public health and safety. In making its 

recommendations the Board 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 under this subchapter do not include 

functions relating to the safety of atomic weapons. However, the 

Board shall have access to any information on atomic weapons that 

is within the Department of Energy and is necessary to carry out the 

functions of the Board.

§ 2286b. Powers of Board [Atomic Energy Act, Sec. 313]

(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 

Chairperson or any member of the Board designated by him and 

shall be served by any person designated by the Chairperson, 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) in accordance with section 2286(c)(6) of this title, 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 130 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).

(3)(A) The Board shall have an Executive Director of Operations 

who shall be appointed under section 2286(c)(6).

(B) The Executive Director of Operations shall report to the 

Chairperson.

(C) The Executive Director of Operations shall be the senior 

employee of the Board Responsible for –

(i) general administration and technical matters;

(ii) ensuring that the members of the Board 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).

(4) Subject to the approval of the Board, the Chairperson may 

organize the staff of the Board as the Chairperson considers 

appropriate to best accomplish the mission of the Board 

described in section 2286a(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 312(b)(1), the implementation of 

such standards, or research relating to such standards at 

Department of Energy defense nuclear facilities.

(k) Nonpublic Collaborative Discussions

(1) In general. Notwithstanding section 552b of title 5, United 

States Code, a quorum of the members of the Board may hold a

meeting that is not open to public observation to discuss official

business of the Board 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 of the Board;

(C) at least one member of the Board from each political

party is present at the meeting, unless all members of the 

Board are of the same political party at the time of the 

meeting; and (D) the general counsel of the Board, 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), not 

later than two business days after the conclusion of a 

meeting described in paragraph (1), the Board 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 properly determines may be 

withheld from the public under section 552b(c) of 

title 5, United States Code.

(B) Information about matters withheld from public. If 

the Board properly determines under subparagraph 

(A)(ii) that a matter may be withheld from the public 

under section 552b(c) of title 5, United States Code, the 

Board 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, 

United States Code, with respect to—

(i) a meeting of the members of the Board other than 

a meeting described in paragraph (1); or (ii) any 

information that is proposed to be withheld from the 

public under paragraph (2)(A)(ii); or (B) to authorize 

the Board to withhold from any individual any 

record that is accessible to that individual under 

section 552a of title 5, United States Code.
§ 2286c. Responsibilities of the Secretary of Energy [Atomic 

Energy Act, Sec. 314]

(a) Cooperation

Except as specifically provided by this section, the Secretary of 

Energy shall fully cooperate with the Board and provide the Board 

with prompt and unfettered access to such facilities, personnel, and 

information as the Board considers necessary to carry out its

responsibilities under this subchapter. Each contractor operating a 

Department of Energy defense nuclear facility under a contract 

awarded by the Secretary shall, to the extent provided in such 

contract or otherwise with the contractor's consent, fully cooperate 

with the Board and provide the Board with prompt and unfettered 

access to such facilities, personnel, and information of the contractor 

as the Board considers necessary to carry out its responsibilities 

under this subchapter. The access provided to defense nuclear 

facilities, personnel, and information under this subsection shall be 

provided without regard to the hazard or risk category assigned to a 

facility by the Secretary.

(b) Authority of the Secretary to deny information

(1) The Secretary of Energy may deny access to information 

under subsection (a) only to any person who—

(A) has not been granted an appropriate security clearance or 

access authorization by the Secretary; or

(B) does not need such access in connection with the duties 

of such person.

(2) If the Board requests access to information under subsection 

(a) in written form, and the Secretary denies access to such 

information pursuant to paragraph (1)—

(A) the Secretary shall provide the Board 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 shall submit to the congressional defense 

committees a report identifying each request for access 

to information under subsection (a) submitted to the 

Secretary in written form during the preceding sixmonth period and denied by the Secretary; and

(ii) the Secretary shall submit to the congressional 

defense committees a report identifying—

(I) each such request denied by the Secretary 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, United States Code.

(c) Application of nondisclosure protections by Board.

The Board 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 [Atomic Energy Act, Sec. 315]

(a) Submission of Recommendations

(1) Subject to subsections (h) and (i), not later than 30 days before 

the date on which the Board transmits a recommendation to the 

Secretary of Energy under section 312, the Board shall transmit to 

the Secretary in writing a draft of such recommendation and any 

related findings, supporting data, and analysis to ensure the 

Secretary is adequately informed of a formal recommendation and 

to provide the Secretary an opportunity to provide input to the 

Board before such recommendation is finalized.
(2) The Secretary may provide to the Board comments on a draft 

recommendation transmitted by the Board under paragraph (1) by 

not later than 30 days after the date on which the Secretary 

receives the draft recommendation. The Board may grant, upon 

request by the Secretary, additional time for the Secretary to 

transmit comments to the Board.

(3) After the period of time in which the Secretary may provide 

comments under paragraph (2) elapses, the Board may transmit a 

final recommendation to the Secretary.

(b) Public availability and comment

Subject to subsections (h) and (i), after the Secretary of Energy 

receives a recommendation from the Board under subsection (a)(3),

the Board shall promptly make available to the public such 

recommendation and any related correspondence from the Secretary 

by—

(1) providing such recommendation and correspondence to the 

public in the regional public reading rooms of the Department of

Energy; and 

(2) publishing in the Federal Register—

(A) such recommendation and correspondence; and

(B) a request for the submission to the Board of public 

comments on such recommendation that provides interested 

persons with 30 days after the date of the publication in

which to submit comments, data, views, or arguments to the 

Board concerning the recommendation.

(c) 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 (b), 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 (i), 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.

(d) 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 (b) or (c) of this section.

(e) Final decision

If the Secretary of Energy, in a response under subsection (c)(1), 

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 (i), 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, 

Appropriations, and Energy and Commerce of the House of 

Representatives and the Committees on Armed Services, 

Appropriations, and Energy and Natural Resources of the Senate a 

written report containing that decision and reasoning.

(f) 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, Appropriations, 

and Energy and Commerce of the House of Representatives and the 

Committees on Armed Services, Appropriations, and Energy and 

Natural Resources of the Senate 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.

(g) 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 (f), 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, Appropriations, 

and Energy and Commerce of the House of Representatives and 

the Committees on Armed Services, Appropriations, and Energy 

and Natural Resources of the Senate 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, and to such committees a report containing the 

recommendation and the Secretary's determination.

(h) 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 (e) 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, 

Appropriations, and Energy and Commerce of the House of 

Representatives and the Committees on Armed Services, 

Appropriations, and Energy 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 of Energy under sections 2167 and 2168 of this title to 

prohibit dissemination of certain information.

§ 2286e. Reports [Atomic Energy Act, Sec. 316]

(a) Board report2

(1) The Board shall submit to the Committees on Armed 

Services, Appropriations, and Energy and Commerce of the 

House of Representatives and the Committees on Armed 

Services, Appropriations, and Energy 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, 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—

2 Certification of Budget Sufficiency - The National Defense Authorization Act for 

Fiscal Year 2018 § 2301(b), Pub. L. No. 115-91, provided that: “Not later than 10 

days after the date on which the budget of the President for fiscal year 2019 or any 

fiscal year thereafter is submitted to Congress pursuant to section 1105(a) of title 

31, United States Code, the Defense Nuclear Facilities Safety Board shall submit to 

the congressional defense committees a letter certifying that the requested budget 

is sufficient to carry out the mission of the Defense Nuclear Facilities Safety Board 

during the fiscal year covered by the budget request."
(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, Appropriations, and Energy and Commerce of the House of 

Representatives and the Committees on Armed Services, 

Appropriations, and Energy 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, 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.

§ 2286f. Judicial review [Atomic Energy Act, Sec. 317]

Chapter 7 of Title 5 shall apply to the activities of the Board under 

this subchapter.

§ 2286g. “Department of Energy defense nuclear facility”

defined [Atomic Energy Act, Sec. 318]

As used in this subchapter, the term "Department of Energy defense 

nuclear facility" means any of the following:

(1) A production facility or utilization facility (as defined in 

section 2014 of this title) that is under the control or jurisdiction 

of the Secretary of Energy and that is operated for national 

security purposes, but the term does not include—
(A) any facility or activity covered by Executive Order No. 

12344, dated February 1, 1982 [42 U.S.C. § 7158 note], 

pertaining to the Naval nuclear propulsion program;

(B) any facility or activity involved with the transportation 

of nuclear explosives or nuclear material;

(C) any facility that does not conduct atomic energy defense 

activities; or

(D) any facility owned by the United States Enrichment 

Corporation.

(2) A nuclear waste storage facility under the control or 

jurisdiction of the Secretary of Energy, but the term does not 

include a facility developed pursuant to the Nuclear Waste 

Policy Act of 1982 (42 U.S.C. 10101 et seq.) and licensed by the 

Nuclear Regulatory Commission.

§ 2286h. Contract Authority Subject to Appropriations [Atomic 

Energy Act, Sec. 319]

The authority of the Board to enter into contracts under this 

subchapter is effective only to the extent that appropriations 

(including transfers of appropriations) are provided in advance for 

such purpose.

§ 2286h-1. Transmittal of Certain Information to Congress

[Atomic Energy Act, Sec. 320]

Whenever the Board submits or transmits to the President or the 

Director of the Office of Management and Budget any legislative 

recommendation, or any statement or information in preparation of a 

report to be submitted to the Committees on Armed Services, 

Appropriations, and Energy and Commerce of the House of 

Representatives and the Committees on Armed Services, 

Appropriations, and Energy and Natural Resources of the Senate 

pursuant to section 2286e(a) of this title, the Board shall submit at 

the same time a copy thereof to such committees.
§ 2286i. Annual Authorization of Appropriations [Atomic 

Energy Act, Sec. 321]

Authorizations of appropriations for the Board for fiscal years

beginning after fiscal year 1989 shall be provided annually in 

authorization Acts.

§ 2286j. Inspector general services for Defense Nuclear Facilities 

Safety Board3

Within 90 days of enactment of this Act [enacted Dec. 23, 2011], the 

Defense Nuclear Facilities Safety Board shall enter into an 

agreement for inspector general services with the Office of Inspector 

General for the Nuclear Regulatory Commission for fiscal years 

2012 and 2013: Provided further, That at the expiration of such 

agreement, the Defense Nuclear Facilities Safety Board shall procure 

inspector general services annually thereafter.

§ 2286k. Inspector General [Atomic Energy Act, Sec. 322]

(a) In general

The Inspector General of the Nuclear Regulatory Commission shall 

serve as the Inspector General of the Board, in accordance with the 

Inspector General Act of 1978 (5 U.S.C. App.).

(b) Budget

In the budget materials submitted to the President by the Board in 

connection with the submission to Congress, pursuant to section 

1105 of title 31, United States Code, of the budget for each fiscal 

year, the Board shall ensure that a separate, dedicated procurement 

line item is designated for the services of an Inspector General under 

subsection (a).

3 Sections 2286j and 2286l were added to the United States Code by appropriations 

acts and are not part of the Atomic Energy Act of 1954. Consolidated and Further 

Continuing Appropriations Act, 2015, Pub. L. No. 113-235; Consolidated 

Appropriations Act, 2012, Pub. L. No. 112-74. 
§ 2286l. Authority of Inspector General

Notwithstanding any other provision of law, the Inspector General of 

the Nuclear Regulatory Commission is authorized in this and 

subsequent years to exercise the same authorities with respect to the 

Defense Nuclear Facilities Safety Board, as determined by the 

Inspector General of the Nuclear Regulatory Commission, as the

Inspector General exercises under the Inspector General Act of 1978 

(5 U.S.C. App.) with respect to the Nuclear Regulatory Commission.