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For
nearly half a century, the Department of Energy (DOE) and its predecessor
agencies operated the nation's defense nuclear weapons complex without
independent external oversight. In the late 1980's, it became increasingly
clear to members of Congress that significant public health and safety
issues had accumulated at many of the aging facilities in the weapons
complex. As an outgrowth of these concerns, Congress created the Defense
Nuclear Facilities Safety Board in 1988 as an independent oversight
organization within the Executive Branch charged with providing advice
and recommendations to the Secretary of Energy "to ensure adequate
protection of public health and safety" at DOE's defense nuclear facilities.
Broadly speaking, the Board is responsible for independent oversight
of all activities affecting nuclear safety within DOE's nuclear weapons
complex. Prior to the end of the nuclear arms race, the nuclear weapons
complex concentrated on the design, manufacture, test, and maintenance
of the nation's nuclear arsenal. The complex is now engaged in cleanup
of contaminated sites and facilities, disassembly of nuclear weapons
to achieve arms control objectives, maintenance of the smaller stockpile,
and storage and disposition of excess fissionable materials.
All of these hazardous activities must be carried out in strict observance
of health and safety requirements. To ensure that these safety requirements
are adequate, the Board's enabling statute, 42 U.S.C. ß 2286 et seq.,
requires the Board to review and evaluate the content and implementation
of DOE health and safety standards applicable to the design, construction,
operation, and decommissioning of defense nuclear facilities. The
Board must then recommend to the Secretary of Energy any specific
measures, such as changes in the content and implementation of those
standards, that the Board believes should be adopted to ensure that
the public health and safety are adequately protected. The Board also
is required to review the design of new defense nuclear facilities
before construction begins, as well as modifications to older facilities,
and to recommend changes necessary to protect health and safety. Review
and advisory responsibilities of the Board continue throughout the
full life cycle of facilities, including shutdown and decommissioning
phases.
Congress gave the Board a variety of powers to achieve its mission.
Primary among these is the power to issue a recommendation to the
Secretary of Energy. although the Secretary is permitted to reject
Board recommendations, in practice the Secretary has not chosen to
do so over the 19 years of Board operations. In addition to recommendations,
the Board may conduct investigations, issue subpoenas, hold public
hearings, gather information, conduct studies, and establish reporting
requirements for DOE. The Board is required by statute to report
to Congress each year concerning its oversight activities, its
recommendations to the Secretary of Energy, and improvements in safety
achieved at defense nuclear facilities as a result of its activities.
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