§ 2286. Establishment

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(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.

(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) of this title 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.

(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) of this title.

(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.

(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.

(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

(1)Three members of the Board shall constitute a quorum, but a lesser number may hold hearings.

(2)In accordance with paragraph (4), during a covered period, the Chairperson, in consultation with an eligible member, may carry out the functions and powers of the Board under sections 2286a through 2286e of this title, notwithstanding that a quorum does not exist.

(3)Not later than 30 days after a covered period begins, the Chairperson shall notify the congressional defense committees that a quorum does not exist.

(4)The Chairperson may make recommendations to the Secretary of Energy and initiate investigations into defense nuclear facilities under section 2286a of this title pursuant to paragraph

(2)only if—

(A)a period of 30 days elapses following the date on which the Chairperson submits the notification required under paragraph (3);

(B)not later than 30 days after making any such recommendation or initiating any such investigation, the Chairperson notifies the congressional defense committees of such recommendation or investigation; and

(C)any eligible member concurs with such recommendation or investigation.

(5)In this subsection:

(A)The term “congressional defense committees” has the meaning given such term in section 101(a) of title 10.

(B)The term “covered period” means a period beginning on the date on which a quorum specified in paragraph

(1)does not exist by reason of either or both a vacancy in the membership of the Board or the incapacity of a member of the Board and ending on the earlier of—

(i)the date that is one year after such beginning date; or

(ii)the date on which a quorum exists.

(C)The term “eligible member” means a member of the Board, other than the Chairperson, serving during a covered period and who is not incapacitated.

(Aug. 1, 1946, ch. 724, title I, § 311, as added Pub. L. 100–456, div. A, title XIV, § 1441(a)(1), Sept. 29, 1988, 102 Stat. 2076; renumbered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944; amended Pub. L. 112–239, div. C, title XXXII, § 3202(a), Jan. 2, 2013, 126 Stat. 2217; Pub. L. 114–92, div. C, title XXXII, § 3202(a), (b)(1), Nov. 25, 2015, 129 Stat. 1217; Pub. L. 116–92, div. C, title XXXII, § 3202(a)(1)(B)–(3), § 3203(a), (b)(1), (c), Dec. 20, 2019, 133 Stat. 1964, 1966; Pub. L. 117–81, div. C, title XXXII, § 3202, Dec. 27, 2021, 135 Stat. 2235; Pub. L. 117–263, div. C, title XXXII, § 3202, Dec. 23, 2022, 136 Stat. 3060.)

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