Page:United States Statutes at Large Volume 102 Part 2.djvu/1080

 102 STAT. 2084 42 USC 2286i.

PUBLIC LAW 100-456—SEPT. 29, 1988

"SEC. 320. ANNUAL AUTHORIZATION OF APPROPRIATIONS.

"Authorizations of appropriations for the Board for fiscal years beginning after fiscal year 1989 shall be provided annually in authorization Acts.". (2) The table of contents at the beginning of the Atomic Energy Act of 1954 is amended by adding at the end the following: "CHAPTER 21. DEFENSE NUCLEAR FACILITIES SAFETY BOARD

"Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. (b)

311. Establishment. 312. Functions of the Board. 313. Powers of Board. 314. Responsibilities of the Secretary of Energy. 315. Board recommendations. 316. Reports. 317. Judicial review. 318. Definition. 319. Contract authority subject to appropriations. 320. Annual authorization of appropriations.". SALARY FOR BOARD MEMBERS AT EXECUTIVE SCHEDULE LEVEL

III.—Section 5314 of title 5, United States Code, is amended by inserting after "Members, Nuclear Regulatory Commission." the following: "Members, Defense Nuclear Facilities Safety Board.". 42 USC 2286e

note.

(c) REQUIREMENTS FOR FiRST ANNUAL REPORT.—(1) B e for e SUbmis-

sion of the first annual report by the Defense Nuclear Facilities Safety Board under section 316(a) of the Atomic Energy Act of 1954 (as added by subsection (a)), the Board shall conduct a study on whether nuclear facilities of the Department of Energy that are excluded from the definition of "Department of Energy defense nuclear facility" in section 318(1)(C) of such Act (hereafter in this subsection referred to as "non-defense nuclear facilities") should be subject to independent external oversight. The Board shall include in such first annual report the results of such study and the recommendation of the Board on whether non-defense nuclear facilities should be subject to independent external oversight. (2) If the Board recommends in the report that non-defense nuclear facilities should be subject to such oversight, the report shall include a discussion of alternative mechanisms for implementing such oversight, including mechanisms such as a separate executive agency and oversight as a part of the Board's responsibilities. The discussion of alternative mechanisms of oversight also shall include considerations of budgetary costs, protection of the security of sensitive nuclear weapons information, and the similarities and differences in the design, construction, operation, and decommissioning of defense and non-defense nuclear facilities of the Department of Energy. (d) REQUIREMENTS FOR FIFTH ANNUAL REPORT.—The fifth annual report submitted by the Defense Nuclear Facilities Safety Board under section 316(a) of the Atomic Energy Act of 1954 (as added by subsection (a)) shall include— (1) an assessment of the degree to which the overall administration of the Board's activities are believed to meet the objectives of Congress in establishing the Board; (2) recommendations for continuation, termination, or modification of the Board's functions and programs, including recommendations for transition to some other independent oversight arrangement if it is advisable; and

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