```

[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>
```