Sec. 3202. IMPROVEMENTS TO THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD
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## SEC. 3202 IMPROVEMENTS TO THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD ###
(a)Establishment Section 311 of the Atomic Energy Act of 1954 (42 U.S.C. 2286) is amended— ####
(1)in subsection (b), by striking paragraph (4); ####
(2)in subsection (c)— #####
(A)in the heading, by striking “and Vice Chairman” and inserting “, Vice Chairman, and Members”; #####
(B)in paragraph (2), by striking “The Chairman” and inserting “In accordance with paragraph (5), the Chairman”; and #####
(C)by adding at the end the following new paragraph: > > #### “(5) > > Each member of the Board, including the Chairman and Vice Chairman, 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.” > . ###
(b)Mission and Functions ####
(1)In general Section 312 of the Atomic Energy Act of 1954 (42 U.S.C. 2286a) is amended— #####
(A)in the heading, by inserting “mission and” before “functions”; #####
(B)by redesignating subsections
(a)and
(b)as subsections
(b)and (c), respectively; #####
(C)by inserting before subsection (b), as redesignated by subparagraph (B), the following new subsection (a): > > ### “(a) Mission > > The mission of the Board shall be to provide independent analysis, advice, and recommendations to the Secretary of Energy to inform 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.” > ; and #####
(D)in subsection (b), as so redesignated— ######
(i)in the heading, by striking “In General” and inserting “Functions”; and ######
(ii)in paragraph (5), by inserting “, and specifically assess risk (whenever sufficient data exists),” after “shall consider”. ####
(2)Clerical amendment The table of contents for the Atomic Energy Act of 1954 is amended by striking the item relating to section 312 and inserting the following new item:" “Sec. 312. Mission and functions of the Board.” ". ###
(c)Board Recommendations ####
(1)In general Section 315 of the Atomic Energy Act of 1954 (42 U.S.C. 2286d) is amended— #####
(A)by redesignating subsections
(a)through
(h)as subsections
(b)through (i), respectively; #####
(B)by inserting before subsection (b), as redesignated by subparagraph (A), the following new subsection: > > ### “(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 analyses 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.” > ; and #####
(C)by amending subsection (b), as so redesignated, to read as follows: > > ### “(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.” > . ####
(2)Technical and conforming amendments Such section 315 is further amended— #####
(A)in subsection (c), as redesignated by paragraph (1)(A)— ######
(i)in paragraph (1), by striking “subsection (a)” and inserting “subsection (b)”; and ######
(ii)in paragraph (2), by striking “subsection (h)” and inserting “subsection (i)”; #####
(B)in subsection (d), as so redesignated, by striking “subsection
(a)or (b)” and inserting “subsection
(b)or (c)”; #####
(C)in subsection (e), as so redesignated— ######
(i)by striking “subsection (b)(1)” and inserting “subsection (c)(1)”; and ######
(ii)by striking “subsection (h)” and inserting “subsection (i)”; #####
(D)in subsection (g), as so redesignated— ######
(i)in paragraph (1), as so redesignated, by striking “subsection (e)” and inserting “subsection (f)”; and ######
(ii)in paragraph (2), by striking “, to the Committees on Armed Services and on Appropriations of the Senate, and to the Speaker of the House of Representatives” and inserting “and to such committees”; #####
(E)in subsection (h), as so redesignated— ######
(i)in paragraph (1), as so redesignated, by striking “through (d)” and inserting “through (e)”; and ######
(ii)in paragraph (3), by striking “and the Speaker”; and #####
(F)by striking “Committees on Armed Services and on Appropriations of the Senate and to the Speaker of the House of Representatives” each place it appears and inserting “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”. ###
(d)Reports Section 316 of the Atomic Energy Act of 1954 (42 U.S.C. 2286e) is amended by striking “Committees on Armed Services and on Appropriations of the Senate and to the Speaker of the House of Representatives” each place it appears and inserting “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”. ###
(e)Information to Congress Section 320 of the Atomic Energy Act of 1954 (42 U.S.C. 2286h-1) is amended— ####
(1)by striking “submitted to the Congress” and inserting “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”; and ####
(2)by striking “the Congress.” and inserting “such committees.”. ###
(f)Inspector General ####
(1)In general Chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.) is amended by adding at the end the following new section: > > ## “SEC. 322 INSPECTOR GENERAL > > **[**[42 U.S.C. 2286k](/us/usc/t42/s2286k)**]** > > > ### “(a) In General > > Not later than October 1, 2013, the Board shall enter into an agreement with an agency of the Federal Government to procure the services of the Inspector General of such agency for the Board, in accordance with the Inspector General Act of 1978 (5 U.S.C. App.). Such Inspector General shall have expertise relating to the mission of the Board. > > > ### “(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).” > . ####
(2)Clerical amendment The table of contents for the Atomic Energy Act of 1954 is amended by inserting after the item relating to section 321 the following new item:" “Sec. 322. Inspector General.” ". ###
(g)Technical Amendment Section 313(j)(2) of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is amended by striking “section” and all that follows through “implementation” and inserting “section 312(b)(1), the implementation”. ###
(h)Safety Standards **[**[42 U.S.C. 2286 note](/us/usc/t42/s2286)**]** Nothing in this section or in the amendments made by this section shall be construed to cause a reduction in nuclear safety standards. # TITLE XXXIV NAVAL PETROLEUM RESERVES
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Sec. 3202
IMPROVEMENTS TO THE DEFENSE NUCLEAR FACILITIES SAFETY BOARD
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