Sec. 3202. Improvements to Defense Nuclear Facilities Safety Board
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It is the sense of Congress that the Defense Nuclear Facilities Safety Board is not adequately staffed, particularly given the ongoing increase in defense nuclear activities during the decade following the date of the enactment of this Act. Subsection
(b)of section 313 of the Atomic Energy Act of 1954 ( 42 U.S.C. 2286b ) is amended by adding at the end the following new paragraph: The Board shall have an Executive Director of Operations who shall be appointed under section 311(c)(7). The Executive Director of Operations shall report to the Chairman. The Executive Director of Operations shall be the senior employee of the Board responsible for— general administration and technical matters; ensuring that the members of the Board are fully and currently informed with respect to matters for which the members are responsible; and the functions delegated by the Chairman pursuant to section 311(c)(3)(B). . Paragraph
(3)of section 311(c) of such Act ( 42 U.S.C. 2286(c) ) is amended— by striking The Chairman and inserting
(A)The Chairman ; and by adding at the end the following new subparagraph: In carrying out subparagraph (A), the Chairman shall delegate to the Executive Director of Operations established under section 313(b)(3) the following functions: Administrative functions of the Board. Appointment and supervision of employees of the Board not specified under paragraph (7). Distribution of business among the employees and administrative units and offices of the Board. Preparation of— proposals for the reorganization of the administrative units or offices of the Board; the budget estimate for the Board; and the proposed distribution of funds according to purposes approved by the Board. . Paragraph
(7)of such section 311(c) is amended to read as follows: The Chairman, 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 Chairman an individual to be so appointed. The Chairman, 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 Chairman an individual to be so removed. The senior employees described in this subparagraph are the following senior employees of the Board: The Executive Director of Operations established under section 313(b)(3). The general counsel. . Section 313(b)(1)(A) of such Act ( 42 U.S.C. 2286b(b)(1)(A) ) is amended by striking but not and all that follows through the semicolon and inserting but not fewer than the equivalent of 110 full-time employees and not more than the equivalent of 130 full-time employees; . Section 312(a) of such Act ( 42 U.S.C. 2286a(a) ) is amended by inserting before the period at the end the following: , including with respect to the health and safety of employees and contractors at such facilities . Section 314 of such Act ( 42 U.S.C. 2286c ) is amended— in subsection (a)— by striking The Secretary of Energy and inserting Except as specifically provided by this section, the Secretary of Energy ; by striking ready access both places it appears and inserting prompt and unfettered access ; and by adding at the end the following new sentence: The access provided to 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. ; and by striking subsection
(b)and inserting the following new subsections: The Secretary may only deny access to information pursuant to subsection (a)— to any person who— has not been granted an appropriate security clearance or access authorization by the Secretary; or does not need such access in connection with the duties of such person; or if such denial is authorized by a provision of Federal law that specifically limits the right of the Board to access such information. 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. .
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Sec. 3202
Improvements to Defense Nuclear Facilities Safety Board
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