Sec. 3202. IMPROVEMENTS TO DEFENSE NUCLEAR FACILITIES SAFETY BOARD
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## SEC. 3202 IMPROVEMENTS TO DEFENSE NUCLEAR FACILITIES SAFETY BOARD ###
(a)Staff ####
(1)Executive director of operations #####
(A)Establishment of position 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: > > #### “(3) > > > #####
(A)> > The Board shall have an Executive Director of Operations who shall be appointed under section 311(c)(6). > > > ##### “(B) > > The Executive Director of Operations shall report to the Chairman. > > > ##### “(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 Chairman pursuant to section 311(c)(3)(B).” > . #####
(B)Delegation of functions Paragraph
(3)of section 311(c) of such Act (42 U.S.C. 2286(c)) is amended— ######
(i)by striking “The Chairman” and inserting “(A) The Chairman”; and ######
(ii)by adding at the end the following new subparagraph: > > ##### “(B) > > In carrying out subparagraph (A), the Chairman shall delegate to the Executive Director of Operations established under section 313(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.” > . ####
(2)Provision of information to board Such section 311(c), as amended by paragraph (1)(B), is further amended— #####
(A)in paragraph (2), by striking “paragraphs (5), (6), and (7)” and inserting “paragraphs
(5)and (6)”; #####
(B)by striking paragraph (6); and #####
(C)by redesignating paragraph
(7)as paragraph (6). ####
(3)Appointment and removal powers Paragraph
(6)of such section 311(c), as redesignated by paragraph (2)(C), is amended to read as follows: > > #### “(6) > > > #####
(A)> > 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. > > > ##### “(B) > > 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. > > > ##### “(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 313(b)(3). > > > ###### “(ii) > > The general counsel.” > . ####
(4)Organization of staff of board Section 313(b) of such Act, as amended by paragraph (1)(A), is further amended— #####
(A)in paragraph (1)(A), by striking “section 311(c)(7)” and inserting “section 311(c)(6)”; and #####
(B)by adding at the end the following new paragraph: > > #### “(4) > > Subject to the approval of the Board, the Chairman may organize the staff of the Board as the Chairman considers appropriate to best accomplish the mission of the Board described in section 312(a).” > . ####
(5)Temporary personnel levels During fiscal year 2020, the Defense Nuclear Facilities Safety Board shall employ not fewer than the equivalent of 100 full-time employees. ###
(b)Public Health and Safety 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”. ###
(c)Access to Facilities, Personnel, and Information Section 314 of such Act (42 U.S.C. 2286c) is amended— ####
(1)in subsection (a)— #####
(A)by striking “The Secretary of Energy” and inserting “Except as specifically provided by this section, the Secretary of Energy”; #####
(B)by striking “ready access” both places it appears and inserting “prompt and unfettered access”; and #####
(C)by adding at the end the following new sentence: “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.”; and ####
(2)by striking subsection
(b)and inserting the following new subsections: > > ### “(b) Authority of Secretary to Deny Information > > > ####
(1)> > The Secretary 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 six-month 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.” > .
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Sec. 3202
IMPROVEMENTS TO DEFENSE NUCLEAR FACILITIES SAFETY BOARD
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