 |
United States Code (Last Updated: May 24, 2014) |
 |
Title 42. THE PUBLIC HEALTH AND WELFARE |
|
Chapter 23. DEVELOPMENT AND CONTROL OF ATOMIC ENERGY |
|
Division A. Atomic Energy |
|
SubChapter XVII–A. DEFENSE NUCLEAR FACILITIES SAFETY BOARD |
§ 2286b. Powers of Board
-
(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 Chairman or any member of the Board designated by him and shall be served by any person designated by the Chairman, 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) 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 150 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). (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 2286a(b)(1) of this title, the implementation of such standards, or research relating to such standards at Department of Energy defense nuclear facilities.
References In Text
The Federal Rules of Civil Procedure, referred to in subsec. (a)(2)(D), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
2013—Subsec. (j)(2). Pub. L. 112–239 substituted “section 2286a(b)(1) of this title, the implementation” for “section 2286a(1) of this title, the implementation”.
1991—Subsec. (b)(1)(A). Pub. L. 102–190, § 3202(a)(1), substituted “150” for “100”.
Subsec. (g). Pub. L. 102–190, § 3202(a)(2), substituted “Notwithstanding any other provision of law relating to the use of competitive procedures, the Board may” for “The Board may”.
1990—Subsec. (b). Pub. L. 101–510 designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, inserted “including such scientific and technical personnel as the Board may determine necessary,” after “Board,” in subpar. (A), and added par. (2).