II 

114TH CONGRESS 

1ST SESSION S. 58 

To ensure orderly conduct of Nuclear Regulatory Commission actions. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 7, 2015 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To ensure orderly conduct of Nuclear Regulatory Commission 

actions. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Nuclear Regulatory Commission Reorganization Plan 

6 Codification and Complements Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—REPLACEMENT OF REORGANIZATION PLAN 

Sec. 101. General functions. 


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Sec. 102. Chairman. 

Sec. 103. Emergency authority. 

Sec. 104. Reporting. 

Sec. 105. Rescission of Reorganization Plan approval. 

TITLE II—MISCELLANEOUS 

Sec. 201. Certification of documents transmitted to Congress. 

Sec. 202. Time limits for Commission review of Atomic Safety and Licensing 

Board decisions. 

Sec. 203. Allegations of wrongdoing. 

Sec. 204. Approval of travel. 

Sec. 205. Implementation. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (a) COMMISSION.—The term ‘‘Commission’’ means 

4 the Nuclear Regulatory Commission. 

5 (b) CHAIRMAN.—The term ‘‘Chairman’’ means the 

6 Chairman of the Commission. 

7 TITLE I—REPLACEMENT OF 

8 REORGANIZATION PLAN 

9 SEC. 101. GENERAL FUNCTIONS. 

10 (a) FUNCTIONS VESTED IN THE COMMISSION.— 

11 (1) IN GENERAL.—There shall remain vested in 

12 the Commission the functions of the Commission re13 lating to— 

14 (A) policy formulation; 

15 (B) rulemaking, as described in section 

16 553 of title 5, United States Code, except that 

17 the matters described in subsections (a)(2) and 

18 (b) of that section that do not pertain to policy 


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1 formulation orders or adjudications shall be re2 served to the Chairman; 

3 (C) orders and adjudications, as those 

4 terms are defined in paragraphs (6) and (7) of 

5 section 551 of title 5, United States Code, re6 spectively; and 

7 (D) approving the distribution of appro8 priated funds according to programs and pur9 poses proposed by the Executive Director for 

10 Operations. 

11 (2) VOTING; POLICY PROPOSALS.— 

12 (A) IN GENERAL.—If there is a doubt as 

13 to whether a matter, action, question, or area 

14 of inquiry pertains to one of the functions de15 scribed in paragraph (1), the Commission may 

16 make a determination with respect to the perti17 nence, by majority vote. 

18 (B) REQUEST.—Any member of the Com19 mission may— 

20 (i) request a vote under subparagraph 

21 (A); and 

22 (ii) propose a policy matter for consid23 eration by the Commission. 


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1 (3) ACCESS TO INFORMATION.—All members of 

2 the Commission shall have full, unfettered, timely, 

3 and equal access to information of the Commission. 

4 (4) DELEGATION OF FUNCTIONS.—The per5 formance of any portion of the functions described 

6 in paragraph (1) may be delegated by the Commis7 sion to— 

8 (A) a member of the Commission (includ9 ing the Chairman); and 

10 (B) the staff of the Commission. 

11 (b) OFFICERS AND EMPLOYEES.— 

12 (1) APPOINTMENT AND REMOVAL OF CERTAIN

13 OFFICERS.— 

14 (A) APPOINTMENT.—The Chairman shall 

15 initiate the appointment, subject to the ap16 proval of the Commission, of the officers or suc17 cessor officers established by law or by the 

18 Commission described in subparagraph (C). 

19 (B) REMOVAL.—The Chairman or a mem20 ber of the Commission may initiate an action 

21 for removal, subject to the approval of the Com22 mission, by majority vote, of the officers or suc23 cessor officers established by law or by the 

24 Commission described in subparagraph (C). 


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1 (C) DESCRIPTION OF OFFICERS.—The offi2 cers referred to in subparagraphs (A) and (B) 

3 consist of the following: 

4 (i) The Executive Director for Oper5 ations. 

6 (ii) The Chief and Deputy Chief Fi7 nancial Officer. 

8 (iii) The General Counsel. 

9 (iv) The Director of the Office of 

10 Commission Appellate Adjudication. 

11 (v) The Secretary of the Commission. 

12 (vi) The Director of the Office of Pub13 lic Affairs. 

14 (vii) The Director of the Office of 

15 Congressional Affairs. 

16 (viii) The Director of the Office of 

17 International Programs. 

18 (ix) The Chief Administrative Judge 

19 and members of the Atomic Safety and Li20 censing Board Panel. 

21 (D) EVALUATIONS.—Any performance 

22 evaluation or rating of the officers described in 

23 subparagraph (C) shall be determined by a ma24 jority vote of the members of the Commission. 

25 (E) REPLACEMENT OF OFFICERS.— 


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1 (i) IN GENERAL.—If there is a va2 cancy in a position described in subpara3 graph (C), the Chairman may designate an 

4 acting officer for a period of 60 days. 

5 (ii) APPROVAL OF EXTENSION RE6 QUIRED.—The Chairman may only extend 

7 the initial 60-day period under clause (i) 

8 with the approval of the Commission. 

9 (iii) FAILURE TO APPROVE.—If, at 

10 the end of the 60-day period under clause 

11 (i), the Chairman has not proposed a re12 placement or the Commission has not ap13 proved the appointment of an officer pro14 posed by the Chairman, any member of the 

15 Commission may initiate the appointment, 

16 subject to approval of the Commission. 

17 (2) APPOINTMENT AND REMOVAL OF OTHER

18 OFFICERS.— 

19 (A) APPOINTMENT.—The Chairman, after 

20 consultation with the Executive Director for 

21 Operations, shall initiate the appointment, sub22 ject to the approval of the Commission, of the 

23 officers or successor officers established by law 

24 or by the Commission described in subpara25 graph (C). 


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1 (B) REMOVAL.—The Chairman or a mem2 ber of the Commission may initiate an action 

3 for removal, subject to the approval of the Com4 mission, by majority vote, of the officers or suc5 cessor officers established by law or by the 

6 Commission described in subparagraph (C). 

7 (C) DESCRIPTION OF OFFICERS.—The offi8 cers referred to in subparagraphs (A) and (B) 

9 consist of the following: 

10 (i) The Director of the Office of Nu11 clear Reactor Regulation. 

12 (ii) The Director of the Office of Nu13 clear Material Safety and Safeguards. 

14 (iii) The Director of the Office of Nu15 clear Regulatory Research. 

16 (iv) The Director of the Office of Nu17 clear Security and Incident Response. 

18 (v) The Director of the Office of New 

19 Reactors. 

20 (vi) The Director of the Office of Fed21 eral and State Materials and Environ22 mental Management Programs. 

23 (vii) The Director of the Office of In24 vestigations. 


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1 (viii) The Director of the Office of 

2 Enforcement. 

3 (3) APPOINTMENT OF ADVISORY COMMITTEE

4 ON REACTOR SAFEGUARDS.— 

5 (A) IN GENERAL.—The Chairman or a 

6 member of the Commission shall initiate the ap7 pointment of a member of the Advisory Com8 mittee on Reactor Safeguards, subject to the 

9 approval of the Commission. 

10 (B) LIMITATION.—Nothing in this Act af11 fects— 

12 (i) the appointment of the Chairman 

13 of the Advisory Committee on Reactor 

14 Safeguards; or 

15 (ii) the term of the members of Advi16 sory Committee on Reactor Safeguards. 

17 (4) DELEGATION OF STAFF SUPERVISION

18 FUNCTIONS.—The Commission shall delegate the 

19 function of appointing, removing, and supervising 

20 the staff of the following offices or successor offices 

21 to the respective heads of the offices: 

22 (A) Executive Director for Operations. 

23 (B) General Counsel. 

24 (C) Secretary of the Commission. 

25 (D) Chief Financial Officer. 


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1 (E) The Office of Commission Appellate 

2 Adjudication. 

3 (F) The Office of Congressional Affairs. 

4 (G) The Office of Public Affairs. 

5 (H) The Office of International Programs. 

6 (5) DELEGATION OF STAFF OF PANELS AND

7 COMMITTEES.—The Commission shall delegate the 

8 functions of appointing, removing, and supervising 

9 the staff of the following panels and committee to 

10 the respective Chair of the panel or committee: 

11 (A) The Atomic Safety and Licensing 

12 Board Panel. 

13 (B) The Advisory Committee on Reactor 

14 Safeguards. 

15 (c) COMMISSION MEMBER OFFICES.—Each member 

16 of the Commission shall continue to appoint, remove, and 

17 supervise the personnel employed in the immediate office 

18 of the member. 

19 (d) PERFORMANCE OF FUNCTIONS.—Section 

20 201(a)(1) of the Energy Reorganization Act of 1974 (42 

21 U.S.C. 5841(a)(1)) shall apply to the Chairman in the 

22 performance of the functions of the Chairman as described 

23 in subsections (a) and (b). 


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1 SEC. 102. CHAIRMAN. 

2 (a) TRANSFER OF FUNCTIONS.—Any function of the 

3 Commission not described in section 101(a)(1) is trans4 ferred to the Chairman. 

5 (b) DUTIES.—The Chairman shall— 

6 (1) be the official spokesman for the Commis7 sion, which includes representing the policies estab8 lished by a majority of the members of the Commis9 sion; 

10 (2) be the principal executive officer of the 

11 Commission; 

12 (3) be responsible to the Commission for ensur13 ing that the Executive Director for Operations and 

14 the staff of the Commission (other than the officers 

15 and staff referred to in subsections (b)(4) and (c) of 

16 section 101) are responsive to the requirements of 

17 the Commission in the performance of the functions 

18 of the Commission; 

19 (4) determine the use and expenditure of funds 

20 of the Commission, in accordance with the distribu21 tion of appropriated funds according to programs 

22 and purposes approved by the Commission; 

23 (5) present to the Commission, for consider24 ation by the Commission, the proposals and esti25 mates prepared under paragraph (6)(C); and 


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1 (6) be responsible for (which the Chairman 

2 shall delegate, subject to direction and supervision 

3 by the Chairman, to the Executive Director for Op4 erations, unless otherwise provided by this Act)— 

5 (A) administrative functions of the Com6 mission; 

7 (B) distribution of business among per8 sonnel, administrative units, and offices of the 

9 Commission; 

10 (C) preparation of proposals for the reor11 ganization of the major offices of the Commis12 sion; and 

13 (D) appointing and removing, without any 

14 further action by the Commission, all officers 

15 and employees under the Commission other 

16 than the offices and employees, the appoint17 ment and removal of which are specifically pro18 vided for by subsections (b)(4) and (c) of sec19 tion 101. 

20 (c) GOVERNING PRINCIPLES.— 

21 (1) IN GENERAL.—The Chairman (as principal 

22 executive officer) and the Executive Director for Op23 erations, shall be governed by— 

24 (A) the general policies of the Commission; 

25 and 


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1 (B) any regulatory decisions, findings, and 

2 determinations (including decisions, findings, 

3 and determinations for reorganization pro4 posals, budget revisions, and the distribution of 

5 appropriated funds) as the Commission may by 

6 law be authorized to make. 

7 (2) FULL AND CURRENT INFORMATION.—The 

8 Chairman and the Executive Director for Operations 

9 shall be jointly responsible for ensuring that the 

10 Commission is fully and currently informed about 

11 matters within the functions of the Commission. 

12 (3) FAILURE TO ACT IN ACCORDANCE.—If a 

13 majority of the members of the Commission deter14 mine that the Chairman has not acted in accordance 

15 with paragraph (1) or (2), the members of the Com16 mission shall— 

17 (A) submit to the President written notice 

18 of the determination; and 

19 (B) transmit to the Committee on Energy 

20 and Commerce of the House of Representatives 

21 and the Committee on Environment and Public 

22 Works of the Senate copies of the notice sub23 mitted under subparagraph (A). 


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1 SEC. 103. EMERGENCY AUTHORITY. 

2 (a) IN GENERAL.—Notwithstanding sections 101 and 

3 102 and subject to subsection (b), the Chairman is author4 ized to exercise emergency authority of the Chairman in 

5 responding to, issuing orders respecting, advising United 

6 States civil authorities and the United States public about, 

7 and directing and coordinating actions relating to an 

8 emergency incident. 

9 (b) LIMITATIONS.— 

10 (1) EMERGENCY DECLARATION REQUIRED.— 

11 (A) IN GENERAL.—The Chairman may not 

12 exercise emergency authority under subsection 

13 (a) until— 

14 (i) the Chairman issues a declaration 

15 that a specific emergency exists; and 

16 (ii) not later than 24 hours after the 

17 issuance of a declaration under subpara18 graph (A), the Chairman provides notice of 

19 the declaration— 

20 (I) in writing to— 

21 (aa) the Commission; 

22 (bb) the Committee on En23 ergy and Commerce of the House 

24 of Representatives; and 


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1 (cc) the Committee on Envi2 ronment and Public Works of the 

3 Senate; and 

4 (II) except as provided in sub5 paragraph (B), to the public. 

6 (B) PUBLIC NOTIFICATION.—Notwith7 standing subclause (II) of subparagraph (A)(ii), 

8 public notification of a declaration under that 

9 subclause may be delayed beyond the 24-hour 

10 period specified in subparagraph (A)(ii) if the 

11 Chairman— 

12 (i) determines that disclosing the dec13 laration to the public at that time would 

14 constitute a risk to public health or safety; 

15 and 

16 (ii) submits notice of the determina17 tion under clause (i) to— 

18 (I) the Commission; 

19 (II) the Committee on Energy 

20 and Commerce of the House of Rep21 resentatives; and 

22 (III) the Committee on Environ23 ment and Public Works of the Senate. 


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1 (2) AUTHORIZED EMERGENCIES.—The Chair2 man may only exercise emergency authority under 

3 subsection (a) in response to— 

4 (A) an imminent safety threat pertaining 

5 to a facility or materials licensed or regulated 

6 by the Commission; or 

7 (B) a determination of an imminent secu8 rity threat to a facility or materials licensed or 

9 regulated by the Commission is made by— 

10 (i) the Secretary of Homeland Secu11 rity; 

12 (ii) the Secretary of Energy; 

13 (iii) the Secretary of Transportation; 

14 (iv) the Director of the Federal Bu15 reau of Investigation; 

16 (v) the Director of the Central Intel17 ligence Agency; or 

18 (vi) the Director of National Intel19 ligence. 

20 (3) DURATION.— 

21 (A) IN GENERAL.—The Chairman may 

22 only exercise emergency authority under sub23 section (a) for the fewer of— 

24 (i) the duration of the emergency; or 

25 (ii) 30 days. 


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1 (B) EXTENSION.—The initial period estab2 lished under subparagraph (A) may be extended 

3 by 30 days if the Commission— 

4 (i) approves the extension; and 

5 (ii) submits notice of the extension 

6 to— 

7 (I) the public; 

8 (II) the Committee on Energy 

9 and Commerce of the House of Rep10 resentatives; and 

11 (III) the Committee on Environ12 ment and Public Works of the Senate. 

13 (c) DELEGATION.— 

14 (1) TO MEMBERS.—The Chairman may dele15 gate the authority to perform the emergency func16 tions described in subsection (a), in whole or in part, 

17 to any of the other members of the Commission. 

18 (2) TO STAFF.—The authority to perform the 

19 emergency functions described in subsection (a) may 

20 be delegated or redelegated, in whole or in part, to 

21 the staff of the Commission. 

22 (d) CONSULTATION.— 

23 (1) IN GENERAL.—To the maximum extent 

24 practicable, the Chairman shall consult with the full 

25 Commission on any regulatory or policy actions 


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1 taken under the emergency authority provided under 

2 this section. 

3 (2) EXEMPTION.—A consultation under para4 graph (1) shall be exempt from the requirements of 

5 section 552b of title 5, United States Code. 

6 (e) GUIDELINES AND NOTICE.—In acting under this 

7 section, the actions of the Chairman, or other member of 

8 the Commission delegated authority under subsection (c), 

9 shall conform to the policy guidelines of the Commission. 

10 (f) TERMINATION OF EMERGENCY.—On termination 

11 of the emergency, the Chairman shall immediately submit 

12 notice of the termination to— 

13 (1) the Commission; 

14 (2) the public; 

15 (3) the Committee on Energy and Commerce of 

16 the House of Representatives; and 

17 (4) the Committee on Environment and Public 

18 Works of the Senate. 

19 (g) REPORT.—Not later than 30 days after the date 

20 on which the emergency is terminated under subsection 

21 (f), the Chairman, or the member of the Commission or 

22 staff member of the Commission delegated the emergency 

23 functions under subsection (c), shall submit a report that 

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1 ing a description of any actions taken using the authority 

2 provided by this section, to— 

3 (1) the Commission; 

4 (2) the Committee on Energy and Commerce of 

5 the House of Representatives; and 

6 (3) the Committee on Environment and Public 

7 Works of the Senate. 

8 (h) COMMISSION PROCEDURES.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date of enactment of this Act, the Commission 

11 shall revise the procedures of the Commission to 

12 comply with the requirements of this section. 

13 (2) REQUIREMENTS.—The revision under para14 graph (1) shall define the roles of the members of 

15 the Commission during an emergency, including pro16 viding for— 

17 (A) complete access to— 

18 (i) records and information relating to 

19 actions taken during the emergency; 

20 (ii) Commission staff involved in the 

21 management of the emergency; and 

22 (iii) one or more locations at which 

23 decisions are made during the emergency; 

24 and 


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1 (B) to the extent practicable, participation 

2 in decisions that may affect Commission actions 

3 and policies beyond the response to a particular 

4 emergency. 

5 SEC. 104. REPORTING. 

6 (a) DELEGATION; REPORTING.— 

7 (1) IN GENERAL.—The Chairman may make 

8 any delegations and provide for any reporting that 

9 the Chairman determines to be necessary, subject to 

10 applicable provisions of law. 

11 (2) DIRECT COMMUNICATION.—Any officer or 

12 employee under the Commission may communicate 

13 directly to the Commission, or to any member of the 

14 Commission, if the officer or employee determines 

15 that a critical problem or matter of public health, 

16 public safety, or common defense and security is not 

17 being properly addressed. 

18 (b) EXECUTIVE DIRECTOR FOR OPERATIONS.— 

19 (1) IN GENERAL.—The Executive Director for 

20 Operations shall report all matters to the Chairman. 

21 (2) SUBMISSION OF REPORTS TO EXECUTIVE

22 DIRECTOR FOR OPERATIONS.—The Directors of Nu23 clear Reactor Regulations, Nuclear Material Safety 

24 and Safeguards, and Nuclear Regulatory Research 


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1 shall report to the Executive Director for Oper2 ations. 

3 (c) DIRECT REPORTING.— 

4 (1) SUBMISSION OF REPORTS.—The heads of 

5 the Commission-level offices or successor offices of 

6 the following offices shall report directly to the Com7 mission: 

8 (A) The General Counsel. 

9 (B) The Secretary of the Commission. 

10 (C) The Office of Commission Appellate 

11 Adjudication. 

12 (D) The Office of Congressional Affairs. 

13 (E) The Office of Public Affairs. 

14 (F) The Office of International Programs. 

15 (G) The Atomic Safety and Licensing 

16 Board Panel. 

17 (H) The Advisory Committee on Reactor 

18 Safeguards. 

19 (2) RECEIPT OF REPORTS.—The Commission 

20 shall receive the reports submitted under paragraph 

21 (1). 

22 SEC. 105. RESCISSION OF REORGANIZATION PLAN AP23 PROVAL. 

24 The approval of Reorganization Plan No. 1 of 1980 

25 (45 Fed. Reg. 40561) (adopted pursuant to the ReorgaVerDate Sep 11 2014 04:26 Jan 13, 2015 Jkt 049200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S58.IS S58

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1 nization Act Amendments of 1984 (5 U.S.C. 901 et seq.)) 

2 is rescinded. 

3 TITLE II—MISCELLANEOUS 

4 SEC. 201. CERTIFICATION OF DOCUMENTS TRANSMITTED 

5 TO CONGRESS. 

6 A letter or other document transmitted by the Com7 mission, on behalf of the full Commission, to a member 

8 of Congress in the capacity of the member as Chairman 

9 or Ranking Minority Member of a Committee of Congress, 

10 shall include a certification that the letter or document 

11 is being sent to the Chairman and Ranking Minority Mem12 ber of that Committee, in accordance with established 

13 Commission procedures. 

14 SEC. 202. TIME LIMITS FOR COMMISSION REVIEW OF ATOM15 IC SAFETY AND LICENSING BOARD DECI16 SIONS. 

17 (a) IN GENERAL.—In reviewing the decisions and ac18 tions of the Atomic Safety and Licensing Board, not later 

19 than 90 days after the date on which the Commission re20 ceives final briefs relating to the decision or action, each 

21 member of the Commission shall vote on the matter under 

22 review. 

23 (b) NOTIFICATION OF NONVOTERS.—Once a major24 ity position of the members of the Commission has been 

25 established by members voting under subsection (a), the 


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1 Secretary shall notify in writing any member of the Com2 mission that has not voted in accordance with that sub3 section that a majority position has been established with 

4 respect to the matter under review. 

5 (c) DEADLINE FOR VOTING.—A member of the Com6 mission that receives notice under subsection (b)— 

7 (1) shall have within 3 days of the date of the 

8 notice to vote on the matter under review; and 

9 (2) shall be considered by the Secretary as not 

10 participating in the vote if the member does not vote 

11 by the deadline specified in paragraph (1). 

12 (d) PUBLICATION.—The Commission shall publish 

13 any resulting decision of the Commission under this sec14 tion, including adjudicatory orders and direction to agency 

15 staff— 

16 (1) if a majority position is established with re17 spect to the matter under review under this section, 

18 not later than 30 days after the date on which the 

19 majority position is established; or 

20 (2) if a majority position is not established be21 cause of a tie vote of the participating members of 

22 the Commission, not later than 30 days after the 

23 date on which the voting is completed in accordance 

24 with this section. 


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1 SEC. 203. ALLEGATIONS OF WRONGDOING. 

2 (a) REFERRAL TO INSPECTOR GENERAL.—Not later 

3 than 90 days after the date of enactment of this Act, the 

4 Commission shall revise the procedures of the Commission 

5 to ensure that any allegation of wrongdoing on the part 

6 of the Chairman is immediately referred to the Inspector 

7 General of the Commission. 

8 (b) SUPERVISION OF INSPECTOR GENERAL.—During 

9 any period in which an investigation by the Inspector Gen10 eral of the Chairman is pending with respect to an allega11 tion described in subsection (a), the Chairman shall dele12 gate responsibility for supervising the Inspector General 

13 to a member of the Commission other than the Chairman, 

14 consistent with the Inspector General Act of 1978 (5 

15 U.S.C. App.). 

16 SEC. 204. APPROVAL OF TRAVEL. 

17 (a) AUTHORIZATION BY CHAIRMAN.—The Chairman 

18 shall authorize all international travel requested by other 

19 members of the Commission for official business unless 

20 the Chairman submits a notice of disapproval to the full 

21 Commission specifying the basis for the disapproval by 

22 that is 5 days after the date on which the request is sub23 mitted to the Chairman. 

24 (b) REQUEST CONSIDERED TO BE APPROVED.—If 

25 the Chairman fails to submit to the Commission the notice 


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1 of disapproval by the deadline described in subsection (a), 

2 the travel shall be considered to be approved. 

3 SEC. 205. IMPLEMENTATION. 

4 Except as otherwise specified in this Act, not later 

5 than 180 days after the date of enactment of this Act, 

6 the Commission shall revise the procedures of the Com7 mission to conform the procedures with this Act. 

Æ 


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