Page:United States Statutes at Large Volume 102 Part 2.djvu/1079

 PUBLIC LAW 100-456—SEPT. 29, 1988

102 STAT. 2083

section 1105(a) of title 31, United States Code, a written report 42 USC 2286e. concerning its activities under this chapter, including all recommendations made by the Board, during the year preceding the year in which the report is submitted. The Board may also issue periodic unclassified reports on matters within the Board's responsibilities. "(2) The annual report under paragraph (1) shall include an assessment of— "(A) the improvements in the safety of Department of Energy defense nuclear facilities during the period covered by the report; "(B) the improvements in the safety of Department of Energy defense nuclear facilities resulting from actions taken by the Board or taken on the basis of the activities of the Board; and "(C) the outstanding safety problems, if any, of Department of Energy defense nuclear facilities. "(b) DOE REPORT.—The Secretary of Energy shall submit to the Committees on Armed Services and on Appropriations of the Senate and to the Speaker of the House of Representatives each year, at the same time that the President submits the budget to Congress pursuant to section 1105(a) of title 31, United States Code, a written report concerning the activities of the Department of Energy under this chapter during the year preceding the year in which the report is submitted. "SEC. 317. JUDICIAL REVIEW.

42 USC 2286f.

"(Dhapter 7 of title 5, United States Code, shall apply to the activities of the Board under this chapter. "SEC. 318. DEFINITION.

42 USC 2286g.

"As used in this chapter, the term 'Department of Energy defense nuclear facility* means any of the following: "(1) A production facility or utilization facility (as defined in section 11 of this Act) that is under the control or jurisdiction of the Secretary of Energy and that is operated for national security purposes, but the term does not include— "(A) any facility or activity covered by Executive Order No. 12344, dated February 1, 1982, pertaining to the Naval nuclear propulsion program; "(B) any facility or activity involved with the assembly or testing of nuclear explosives or with the transportation of nuclear explosives or nuclear material; or "(C) any facility that does not conduct atomic energy defense activities. "(2) A nuclear waste storage facility under the control or jurisdiction of the Secretary of Energy, but the term does not include a facility developed pursuant to the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) and licensed by the Nuclear R^ulatory Commission. "SEC 319. CONTRACT AUTHORITY SUBJECT TO APPROPRIATIONS.

"The authority of the Board to enter into contracts under this chapter is effective only to the extent that appropriations (including transfers of appropriations) are provided in advance for such purpose.

42 USC 2286h.

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