Nuclear Regulatory Commission Reorganization Plan Codification and Complements Act - Codifies and expands the Reorganization Plan No. 1 of 1980 governing the administration of the Nuclear Regulatory Commission (NRC). Identifies approval of the distribution of appropriated funds according to programs and purposes proposed by the Executive Director for Operations, in addition to functions concerned with policy formulation, rule making, and orders and adjudications, as functions that remain vested in the Commission.
Revises provisions of such Reorganization Act relating to: (1) the appointment and replacement of NRC officers and employees, (2) the role of the NRC Chairman, (3) the scope of the emergency authority of the NRC Chairman, and (4) NRC reporting procedures.
Sets forth NRC policy with respect to: (1) certification of documents transmitted to Congress, (2) time limits for review of Atomic Safety and Licensing Board decisions and actions, (3) allegations of wrongdoing on the part of the NRC Chairman, and (4) approval of international travel requests by NRC members.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3132 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3132
To ensure orderly conduct of Nuclear Regulatory Commission actions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2013
Mr. Terry introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To ensure orderly conduct of Nuclear Regulatory Commission actions.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Regulatory Commission
Reorganization Plan Codification and Complements Act''.
TITLE I--REPLACEMENT OF REORGANIZATION PLAN
SEC. 101. GENERAL FUNCTIONS.
(a) Functions.--Those functions of the Nuclear Regulatory
Commission (in this title referred to as the ``Commission'') concerned
with--
(1) policy formulation;
(2) rulemaking, as defined in section 553 of title 5 of the
United States Code, except that those matters set forth in 553
(a)(2) and (b) which do not pertain to policy formulation
orders or adjudications shall be reserved to the Chairman of
the Commission;
(3) orders and adjudications, as defined in section 551 (6)
and (7) of title 5 of the United States Code; and
(4) approving the distribution of appropriated funds
according to programs and purposes proposed by the Executive
Director for Operations,
shall remain vested in the Commission. A majority of the Commission may
determine, in an area of doubt, whether any matter, action, question,
or area of inquiry pertains to one of these functions. Any member of
the Commission may request such a vote. Any member of the Commission
may propose a policy matter for consideration by the Commission. All
members of the Commission shall have full, unfettered, timely, and
equal access to information pertaining to its functions. The
performance of any portion of these functions may be delegated by the
Commission to a member of the Commission, including the Chairman of the
Commission (in this title referred to as the ``Chairman'') and to the
staff.
(b) Officers and Employees.--
(1) Officers.--With respect to the following officers or
successor officers duly established by statute or by the
Commission, the Chairman shall initiate the appointment,
subject to the approval of the Commission, and the Chairman or
a member of the Commission may initiate an action for removal,
subject to the approval of the Commission by majority vote:
(A) Executive Director for Operations.
(B) Chief and Deputy Chief Financial Officer.
(C) General Counsel.
(D) Director of the Office of Commission Appellate
Adjudication.
(E) Secretary of the Commission.
(F) Director of the Office of Public Affairs.
(G) Director of the Office of Congressional
Affairs.
(H) Director of the Office of International
Programs.
(I) Chief Administrative Judge and members of the
Atomic Safety and Licensing Board Panel.
Any performance evaluation or rating of the officers listed in
subparagraphs (A) through (I) shall be determined by a majority
vote of the members of the Commission.
(2) Replacement of officers.--(A) In the event of a vacancy
in a position described in paragraph (1), the Chairman may
designate an acting officer for a maximum of 60 days, after
which any further extension must be approved by the Commission.
If, at the end of 60 days, the Commission has not approved the
appointment of an officer proposed by the Chairman, or the
Chairman has not proposed one, any Commissioner may initiate
the appointment subject to approval of the Commission.
(B) With respect to the following officers or successor
officers duly established by statute or by the Commission, the
Chairman, after consultation with the Executive Director for
Operations, shall initiate the appointment, subject to the
approval of the Commission, and the Chairman, or a member of
the Commission may initiate an action for removal, subject to
the approval of the Commission by majority vote:
(i) Director of the Office of Nuclear Reactor
Regulation.
(ii) Director of the Office of Nuclear Material
Safety and Safeguards.
(iii) Director of the Office of Nuclear Regulatory
Research.
(iv) Director of the Office of Nuclear Security and
Incident Response.
(v) Director of the Office of New Reactors.
(vi) Director of the Office of Federal and State
Materials and Environmental Management Programs.
(vii) Director of the Office of Investigations.
(viii) Director of the Office of Enforcement.
(3) Appointment of advisory committee on reactor
safeguards.--The Chairman or a member of the Commission shall
initiate the appointment of the Members of the Advisory
Committee on Reactor Safeguards, subject to the approval of the
Commission. The provisions for appointment of the Chairman of
the Advisory Committee on Reactor Safeguards and the term of
the members shall not be affected by the provisions of this
title.
(4) Delegation of staff supervision functions.--The
Commission shall delegate the function of appointing, removing,
and supervising the staff of the following offices or successor
offices to the respective heads of such offices: Executive
Director for Operations, General Counsel, Secretary of the
Commission, Chief Financial Officer, Office of Commission
Appellate Adjudication, Office of Congressional Affairs, Office
of Public Affairs, and Office of International Programs. The
Commission shall delegate the functions of appointing,
removing, and supervising the staff of the following panels and
committee to the respective Chairmen thereof: Atomic Safety and
Licensing Board Panel and Advisory Committee on Reactor
Safeguards.
(c) Commission Member Offices.--Each member of the Commission shall
appoint, remove, and supervise the personnel employed in his or her
immediate office.
(d) Performance of Functions.--The Commission shall act as provided
by section 201(a)(1) of the Energy Reorganization Act of 1974 (42
U.S.C. 5841(a)(1)) in the performance of its functions as described in
subsections (a) and (b) of this section.
SEC. 102. CHAIRMAN.
(a) Functions.--Except as otherwise provided in section 101, all
functions of the Commission shall rest with the Chairman. The Chairman
shall be the official spokesman for the Commission and, as such, shall
represent the policies determined by a majority of the Commission.
(b) Additional Functions.--The Chairman shall also be the principal
executive officer of the Commission, and shall be responsible to the
Commission for assuring that the Executive Director for Operations and
the staff of the Commission (other than the officers and staff referred
to in section 101 (b)(4) and (c)) are responsive to the requirements of
the Commission in the performance of its functions; shall determine the
use and expenditure of funds of the Commission, in accordance with the
distribution of appropriated funds according to programs and purposes
approved by the Commission; shall present to the Commission for its
consideration the proposals set forth in paragraph (3); and shall be
responsible for the following functions, which the Chairman shall
delegate, subject to the Chairman's direction and supervision, to the
Executive Director for Operations unless otherwise provided by this
Act:
(1) Administrative functions of the Commission.
(2) Distribution of business among such personnel and among
administrative units and offices of the Commission.
(3) Preparation of proposals for the reorganization of the
major offices of the Commission.
(4) Appointing and removing, without any further action by
the Commission, all officers and employees under the Commission
other than those whose appointment and removal are specifically
provided for by section 101 (b) and (c).
(c) Governing Principles.--
(1) In general.--The Chairman as principal executive
officer and the Executive Director for Operations shall be
governed by the general policies of the Commission and by such
regulatory decisions, findings, and determinations, including
those for reorganization proposals, budget revisions, and
distribution of appropriated funds, as the Commission may by
law, including this title, be authorized to make.
(2) Full and current information.--The Chairman and the
Executive Director for Operations shall have joint
responsibility insuring that the Commission is fully and
currently informed about matters within its functions.
(3) Failure to act in accordance.--If a majority of
Commissioners determine that the Chairman has not acted in
accordance with paragraph (1) or (2), such Commissioners shall
provide written notice of the determination to the President
and provide copies thereof to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Environment and Public Works of the Senate.
SEC. 103. EMERGENCY AUTHORITY.
(a) In General.--Notwithstanding sections 101 and 102, the Chairman
is authorized to exercise emergency authority described in paragraph
(4), subject to the following limitations:
(1) The Chairman may not exercise emergency authority
unless and until the Chairman declares a specific emergency
exists and, not later than 24 hours after such declaration,
notifies--
(A) the Commission, the Committee on Energy and
Commerce of the House of Representatives, and the
Committee on Environment and Public Works of the
Senate, in writing; and
(B) the public.
(2) The Chairman may only exercise emergency authority in
response to--
(A) an imminent safety threat pertaining to a
facility or materials licensed or regulated by the
Commission; or
(B) a determination by the Secretary of Homeland
Security, the Secretary of Energy, the Secretary of
Transportation, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence
Agency, or the Director of National Intelligence of an
imminent security threat to a facility or materials
licensed or regulated by the Commission.
Where authority is exercised pursuant to this section, public
notification may be delayed provided that the Chairman
determines that prior public disclosure would constitute a risk
to public health and safety and so notifies the Commission, the
Committee on Energy and Commerce of the House of
Representatives, and the Committee on Environment and Public
Works of the Senate.
(3) The Chairman may only exercise emergency authority for
the duration of the emergency or 30 days, whichever is less.
The Commission may approve extensions of that time. Each
extension is limited to 30 days and requires notification of
the public, the Committee on Energy and Commerce of the House
of Representatives, and the Committee on Environment and Public
Works of the Senate.
(4) The Chairman's emergency authority includes the
functions of responding to, issuing orders respecting, advising
United States civil authorities and the United States public
about, and directing and coordinating actions relative to such
emergency incident.
(b) Delegation.--The Chairman may delegate the authority to perform
such emergency functions, in whole or in part, to any of the other
members of the Commission. Such authority may also be delegated or
redelegated, in whole or in part, to the staff of the Commission.
(c) Consultation.--To the extent practicable, the Chairman shall
consult with the full Commission on any regulatory or policy actions to
be taken under an emergency. Such consultations shall be exempt from
the requirements of section 552b of title 5, United States Code
(commonly referred to as the ``Government in the Sunshine Act'').
(d) Guidelines and Notice.--In acting under this section, the
Chairman, or other member of the Commission delegated authority under
subsection (b), shall conform to the policy guidelines of the
Commission.
(e) Termination of Emergency.--Upon termination of the emergency,
the Chairman shall immediately notify the Commission, the public, the
Committee on Energy and Commerce of the House of Representatives, and
the Committee on Environment and Public Works of the Senate.
(f) Report.--Within 30 days following the conclusion of the
emergency, the Chairman, or the member of the Commission or member of
the staff delegated the emergency functions under subsection (b), shall
render a complete report of all actions taken during the emergency,
specifically delineating actions taken utilizing the authority provided
in this section, to the Commission, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on
Environment and Public Works of the Senate.
(g) Commission Procedures.--Not later than 90 days after the date
of enactment of this Act, the Commission shall revise its procedures to
comply with the requirements of this section. Such revision shall
define the roles of the Commissioners during an emergency, specifying--
(1) complete access to records and information relating to
actions taken during the emergency;
(2) complete access to Commission staff involved in the
management of the emergency;
(3) complete access to the location or locations where
decisions are made during the emergency; and
(4) participation in decisions that may affect Commission
actions and policies beyond the response to a particular
emergency to the extent practicable.
SEC. 104. REPORTING.
(a) Delegation; Direct Communication.--The Chairman may make such
delegations and provide for such reporting as the Chairman deems
necessary, subject to provisions of law. Any officer or employee under
the Commission may communicate directly to the Commission, or to any
member of the Commission, whenever in the view of such officer or
employee a critical problem, or matter of public health and safety or
common defense and security, is not being properly addressed.
(b) Executive Director for Operations.--The Executive Director for
Operations shall report for all matters to the Chairman.
(c) Functions.--The Directors of Nuclear Reactor Regulations,
Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research
shall report to the Executive Director for Operations.
(d) Direct Reporting.--The heads of the Commission level offices or
successor offices, of General Counsel, Secretary of the Commission,
Commission Appellate Adjudication, Congressional Affairs, Public
Affairs, International Programs, Atomic Safety and Licensing Board
Panel, and Advisory Committee on Reactor Safeguards shall report
directly to the Commission and the Commission shall receive such
reports.
SEC. 105. RESCISSION OF REORGANIZATION PLAN APPROVAL.
Approval of Reorganization Plan No. 1 of 1980 (5 U.S.C. App. 1) is
rescinded.
TITLE II--MISCELLANEOUS
SEC. 201. CERTIFICATION OF DOCUMENTS TRANSMITTED TO CONGRESS.
A letter or other document transmitted by the Nuclear Regulatory
Commission, on behalf of the full Commission, to a member of Congress
in his or her capacity as chairman or ranking minority member of a
Committee of Congress, shall include a certification that the letter or
document is being sent to both the Chairman and ranking minority member
of that Committee in accordance with established Commission procedures.
SEC. 202. TIME LIMITS FOR COMMISSION REVIEW OF ATOMIC SAFETY AND
LICENSING BOARD DECISIONS.
When reviewing the decisions and actions of the Atomic Safety and
Licensing Board, the Commission shall follow the following procedures:
(1) Each Commissioner shall vote on the matter not later
than 90 days after receipt of final briefs, after which time
the Commission shall not further delay a decision. Once a
majority position is established, the Secretary shall notify in
writing any Commissioners who have not voted that a majority
position has been established. Any Commissioners who have not
yet voted shall vote within three days of the Secretary's
notice or be considered by the Secretary as not participating.
(2) Not later than 30 days after a majority position is
established, the Commission shall publish any resulting
decision, including adjudicatory orders and direction to agency
staff. If a majority position is not established due to a tied
vote, not later than 30 days after Commission voting is
complete, the Commission shall publish any resulting decision,
including adjudicatory orders and direction to agency staff.
SEC. 203. ALLEGATIONS OF WRONGDOING.
(a) Referral to Inspector General.--Not later than 90 days after
the date of enactment of this Act, the Nuclear Regulatory Commission
shall revise its procedures to ensure that any allegation of wrongdoing
on the part of the Chairman of the Commission is immediately referred
to the Inspector General of the Commission.
(b) Supervision of Inspector General.--During the pendency of any
investigation by the Inspector General of the Chairman with respect to
an allegation described in subsection (a), the Chairman shall delegate
responsibility for supervising the Inspector General to a member of the
Commission other than the Chairman, consistent with the Inspector
General Act of 1978.
SEC. 204. APPROVAL OF COMMISSIONER TRAVEL.
The Chairman of the Nuclear Regulatory Commission shall authorize
all international travel requested by other members of the Commission
for official business unless the Chairman submits a notice of
disapproval to the full Commission specifying the basis for the
disapproval. The notice of disapproval shall be submitted within 5 days
after the travel is requested or the travel shall be deemed approved.
SEC. 205. IMPLEMENTATION.
Except as otherwise specified in this Act, the Commission shall
revise its procedures to conform to this Act within 180 days of its
date of enactment.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1333)
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Power.
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