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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 58 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Nuclear Regulatory 
Commission Reorganization Plan Codification and Complements Act''.
    (b) Table of Contents.--The table of contents of 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.
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.

SEC. 2. DEFINITIONS.

    In this Act:
     (a) Commission.--The term ``Commission'' means the Nuclear 
Regulatory Commission.
    (b) Chairman.--The term ``Chairman'' means the Chairman of the 
Commission.

              TITLE I--REPLACEMENT OF REORGANIZATION PLAN

SEC. 101. GENERAL FUNCTIONS.

    (a) Functions Vested in the Commission.--
            (1) In general.--There shall remain vested in the 
        Commission the functions of the Commission relating to--
                    (A) policy formulation;
                    (B) rulemaking, as described in section 553 of 
                title 5, United States Code, except that the matters 
                described in subsections (a)(2) and (b) of that section 
                that do not pertain to policy formulation orders or 
                adjudications shall be reserved to the Chairman;
                    (C) orders and adjudications, as those terms are 
                defined in paragraphs (6) and (7) of section 551 of 
                title 5, United States Code, respectively; and
                    (D) approving the distribution of appropriated 
                funds according to programs and purposes proposed by 
                the Executive Director for Operations.
            (2) Voting; policy proposals.--
                    (A) In general.--If there is a doubt as to whether 
                a matter, action, question, or area of inquiry pertains 
                to one of the functions described in paragraph (1), the 
                Commission may make a determination with respect to the 
                pertinence, by majority vote.
                    (B) Request.--Any member of the Commission may--
                            (i) request a vote under subparagraph (A); 
                        and
                            (ii) propose a policy matter for 
                        consideration by the Commission.
            (3) Access to information.--All members of the Commission 
        shall have full, unfettered, timely, and equal access to 
        information of the Commission.
            (4) Delegation of functions.--The performance of any 
        portion of the functions described in paragraph (1) may be 
        delegated by the Commission to--
                    (A) a member of the Commission (including the 
                Chairman); and
                    (B) the staff of the Commission.
    (b) Officers and Employees.--
            (1) Appointment and removal of certain officers.--
                    (A) Appointment.--The Chairman shall initiate the 
                appointment, subject to the approval of the Commission, 
                of the officers or successor officers established by 
                law or by the Commission described in subparagraph (C).
                    (B) Removal.--The Chairman or a member of the 
                Commission may initiate an action for removal, subject 
                to the approval of the Commission, by majority vote, of 
                the officers or successor officers established by law 
                or by the Commission described in subparagraph (C).
                    (C) Description of officers.--The officers referred 
                to in subparagraphs (A) and (B) consist of the 
                following:
                            (i) The Executive Director for Operations.
                            (ii) The Chief and Deputy Chief Financial 
                        Officer.
                            (iii) The General Counsel.
                            (iv) The Director of the Office of 
                        Commission Appellate Adjudication.
                            (v) The Secretary of the Commission.
                            (vi) The Director of the Office of Public 
                        Affairs.
                            (vii) The Director of the Office of 
                        Congressional Affairs.
                            (viii) The Director of the Office of 
                        International Programs.
                            (ix) The Chief Administrative Judge and 
                        members of the Atomic Safety and Licensing 
                        Board Panel.
                    (D) Evaluations.--Any performance evaluation or 
                rating of the officers described in subparagraph (C) 
                shall be determined by a majority vote of the members 
                of the Commission.
                    (E) Replacement of officers.--
                            (i) In general.--If there is a vacancy in a 
                        position described in subparagraph (C), the 
                        Chairman may designate an acting officer for a 
                        period of 60 days.
                            (ii) Approval of extension required.--The 
                        Chairman may only extend the initial 60-day 
                        period under clause (i) with the approval of 
                        the Commission.
                            (iii) Failure to approve.--If, at the end 
                        of the 60-day period under clause (i), the 
                        Chairman has not proposed a replacement or the 
                        Commission has not approved the appointment of 
                        an officer proposed by the Chairman, any member 
                        of the Commission may initiate the appointment, 
                        subject to approval of the Commission.
            (2) Appointment and removal of other officers.--
                    (A) Appointment.--The Chairman, after consultation 
                with the Executive Director for Operations, shall 
                initiate the appointment, subject to the approval of 
                the Commission, of the officers or successor officers 
                established by law or by the Commission described in 
                subparagraph (C).
                    (B) Removal.--The Chairman or a member of the 
                Commission may initiate an action for removal, subject 
                to the approval of the Commission, by majority vote, of 
                the officers or successor officers established by law 
                or by the Commission described in subparagraph (C).
                    (C) Description of officers.--The officers referred 
                to in subparagraphs (A) and (B) consist of the 
                following:
                            (i) The Director of the Office of Nuclear 
                        Reactor Regulation.
                            (ii) The Director of the Office of Nuclear 
                        Material Safety and Safeguards.
                            (iii) The Director of the Office of Nuclear 
                        Regulatory Research.
                            (iv) The Director of the Office of Nuclear 
                        Security and Incident Response.
                            (v) The Director of the Office of New 
                        Reactors.
                            (vi) The Director of the Office of Federal 
                        and State Materials and Environmental 
                        Management Programs.
                            (vii) The Director of the Office of 
                        Investigations.
                            (viii) The Director of the Office of 
                        Enforcement.
            (3) Appointment of advisory committee on reactor 
        safeguards.--
                    (A) In general.--The Chairman or a member of the 
                Commission shall initiate the appointment of a member 
                of the Advisory Committee on Reactor Safeguards, 
                subject to the approval of the Commission.
                    (B) Limitation.--Nothing in this Act affects--
                            (i) the appointment of the Chairman of the 
                        Advisory Committee on Reactor Safeguards; or
                            (ii) the term of the members of Advisory 
                        Committee on Reactor Safeguards.
            (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 the offices:
                    (A) Executive Director for Operations.
                    (B) General Counsel.
                    (C) Secretary of the Commission.
                    (D) Chief Financial Officer.
                    (E) The Office of Commission Appellate 
                Adjudication.
                    (F) The Office of Congressional Affairs.
                    (G) The Office of Public Affairs.
                    (H) The Office of International Programs.
            (5) Delegation of staff of panels and committees.--The 
        Commission shall delegate the functions of appointing, 
        removing, and supervising the staff of the following panels and 
        committee to the respective Chair of the panel or committee:
                    (A) The Atomic Safety and Licensing Board Panel.
                    (B) The Advisory Committee on Reactor Safeguards.
    (c) Commission Member Offices.--Each member of the Commission shall 
continue to appoint, remove, and supervise the personnel employed in 
the immediate office of the member.
    (d) Performance of Functions.--Section 201(a)(1) of the Energy 
Reorganization Act of 1974 (42 U.S.C. 5841(a)(1)) shall apply to the 
Chairman in the performance of the functions of the Chairman as 
described in subsections (a) and (b).

SEC. 102. CHAIRMAN.

    (a) Transfer of Functions.--Any function of the Commission not 
described in section 101(a)(1) is transferred to the Chairman.
    (b) Duties.--The Chairman shall--
            (1) be the official spokesman for the Commission, which 
        includes representing the policies established by a majority of 
        the members of the Commission;
            (2) be the principal executive officer of the Commission;
            (3) be responsible to the Commission for ensuring that the 
        Executive Director for Operations and the staff of the 
        Commission (other than the officers and staff referred to in 
        subsections (b)(4) and (c) of section 101) are responsive to 
        the requirements of the Commission in the performance of the 
        functions of the Commission;
            (4) 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;
            (5) present to the Commission, for consideration by the 
        Commission, the proposals and estimates prepared under 
        paragraph (6)(C); and
            (6) be responsible for (which the Chairman shall delegate, 
        subject to direction and supervision by the Chairman, to the 
        Executive Director for Operations, unless otherwise provided by 
        this Act)--
                    (A) administrative functions of the Commission;
                    (B) distribution of business among personnel, 
                administrative units, and offices of the Commission;
                    (C) preparation of proposals for the reorganization 
                of the major offices of the Commission; and
                    (D) appointing and removing, without any further 
                action by the Commission, all officers and employees 
                under the Commission other than the offices and 
                employees, the appointment and removal of which are 
                specifically provided for by subsections (b)(4) and (c) 
                of section 101.
    (c) Governing Principles.--
            (1) In general.--The Chairman (as principal executive 
        officer) and the Executive Director for Operations, shall be 
        governed by--
                    (A) the general policies of the Commission; and
                    (B) any regulatory decisions, findings, and 
                determinations (including decisions, findings, and 
                determinations for reorganization proposals, budget 
                revisions, and the distribution of appropriated funds) 
                as the Commission may by law be authorized to make.
            (2) Full and current information.--The Chairman and the 
        Executive Director for Operations shall be jointly responsible 
        for ensuring that the Commission is fully and currently 
        informed about matters within the functions of the Commission.
            (3) Failure to act in accordance.--If a majority of the 
        members of the Commission determine that the Chairman has not 
        acted in accordance with paragraph (1) or (2), the members of 
        the Commission shall--
                    (A) submit to the President written notice of the 
                determination; and
                    (B) transmit to the Committee on Energy and 
                Commerce of the House of Representatives and the 
                Committee on Environment and Public Works of the Senate 
                copies of the notice submitted under subparagraph (A).

SEC. 103. EMERGENCY AUTHORITY.

    (a) In General.--Notwithstanding sections 101 and 102 and subject 
to subsection (b), the Chairman is authorized to exercise emergency 
authority of the Chairman in responding to, issuing orders respecting, 
advising United States civil authorities and the United States public 
about, and directing and coordinating actions relating to an emergency 
incident.
    (b) Limitations.--
            (1) Emergency declaration required.--
                    (A) In general.--The Chairman may not exercise 
                emergency authority under subsection (a) until--
                            (i) the Chairman issues a declaration that 
                        a specific emergency exists; and
                            (ii) not later than 24 hours after the 
                        issuance of a declaration under subparagraph 
                        (A), the Chairman provides notice of the 
                        declaration--
                                    (I) in writing to--
                                            (aa) the Commission;
                                            (bb) the Committee on 
                                        Energy and Commerce of the 
                                        House of Representatives; and
                                            (cc) the Committee on 
                                        Environment and Public Works of 
                                        the Senate; and
                                    (II) except as provided in 
                                subparagraph (B), to the public.
                    (B) Public notification.--Notwithstanding subclause 
                (II) of subparagraph (A)(ii), public notification of a 
                declaration under that subclause may be delayed beyond 
                the 24-hour period specified in subparagraph (A)(ii) if 
                the Chairman--
                            (i) determines that disclosing the 
                        declaration to the public at that time would 
                        constitute a risk to public health or safety; 
                        and
                            (ii) submits notice of the determination 
                        under clause (i) to--
                                    (I) the Commission;
                                    (II) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives; and
                                    (III) the Committee on Environment 
                                and Public Works of the Senate.
            (2) Authorized emergencies.--The Chairman may only exercise 
        emergency authority under subsection (a) in response to--
                    (A) an imminent safety threat pertaining to a 
                facility or materials licensed or regulated by the 
                Commission; or
                    (B) a determination of an imminent security threat 
                to a facility or materials licensed or regulated by the 
                Commission is made by--
                            (i) the Secretary of Homeland Security;
                            (ii) the Secretary of Energy;
                            (iii) the Secretary of Transportation;
                            (iv) the Director of the Federal Bureau of 
                        Investigation;
                            (v) the Director of the Central 
                        Intelligence Agency; or
                            (vi) the Director of National Intelligence.
            (3) Duration.--
                    (A) In general.--The Chairman may only exercise 
                emergency authority under subsection (a) for the fewer 
                of--
                            (i) the duration of the emergency; or
                            (ii) 30 days.
                    (B) Extension.--The initial period established 
                under subparagraph (A) may be extended by 30 days if 
                the Commission--
                            (i) approves the extension; and
                            (ii) submits notice of the extension to--
                                    (I) the public;
                                    (II) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives; and
                                    (III) the Committee on Environment 
                                and Public Works of the Senate.
    (c) Delegation.--
            (1) To members.--The Chairman may delegate the authority to 
        perform the emergency functions described in subsection (a), in 
        whole or in part, to any of the other members of the 
        Commission.
            (2) To staff.--The authority to perform the emergency 
        functions described in subsection (a) may be delegated or 
        redelegated, in whole or in part, to the staff of the 
        Commission.
    (d) Consultation.--
            (1) In general.--To the maximum extent practicable, the 
        Chairman shall consult with the full Commission on any 
        regulatory or policy actions taken under the emergency 
        authority provided under this section.
            (2) Exemption.--A consultation under paragraph (1) shall be 
        exempt from the requirements of section 552b of title 5, United 
        States Code.
    (e) Guidelines and Notice.--In acting under this section, the 
actions of the Chairman, or other member of the Commission delegated 
authority under subsection (c), shall conform to the policy guidelines 
of the Commission.
    (f) Termination of Emergency.--On termination of the emergency, the 
Chairman shall immediately submit notice of the termination to--
            (1) the Commission;
            (2) the public;
            (3) the Committee on Energy and Commerce of the House of 
        Representatives; and
            (4) the Committee on Environment and Public Works of the 
        Senate.
    (g) Report.--Not later than 30 days after the date on which the 
emergency is terminated under subsection (f), the Chairman, or the 
member of the Commission or staff member of the Commission delegated 
the emergency functions under subsection (c), shall submit a report 
that describes all actions taken during the emergency, including a 
description of any actions taken using the authority provided by this 
section, to--
            (1) the Commission;
            (2) the Committee on Energy and Commerce of the House of 
        Representatives; and
            (3) the Committee on Environment and Public Works of the 
        Senate.
    (h) Commission Procedures.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Commission shall revise the 
        procedures of the Commission to comply with the requirements of 
        this section.
            (2) Requirements.--The revision under paragraph (1) shall 
        define the roles of the members of the Commission during an 
        emergency, including providing for--
                    (A) complete access to--
                            (i) records and information relating to 
                        actions taken during the emergency;
                            (ii) Commission staff involved in the 
                        management of the emergency; and
                            (iii) one or more locations at which 
                        decisions are made during the emergency; and
                    (B) to the extent practicable, participation in 
                decisions that may affect Commission actions and 
                policies beyond the response to a particular emergency.

SEC. 104. REPORTING.

    (a) Delegation; Reporting.--
            (1) In general.--The Chairman may make any delegations and 
        provide for any reporting that the Chairman determines to be 
        necessary, subject to applicable provisions of law.
            (2) Direct communication.--Any officer or employee under 
        the Commission may communicate directly to the Commission, or 
        to any member of the Commission, if the officer or employee 
        determines that a critical problem or matter of public health, 
        public safety, or common defense and security is not being 
        properly addressed.
    (b) Executive Director for Operations.--
            (1) In general.--The Executive Director for Operations 
        shall report all matters to the Chairman.
            (2) Submission of reports to executive director for 
        operations.--The Directors of Nuclear Reactor Regulations, 
        Nuclear Material Safety and Safeguards, and Nuclear Regulatory 
        Research shall report to the Executive Director for Operations.
    (c) Direct Reporting.--
            (1) Submission of reports.--The heads of the Commission-
        level offices or successor offices of the following offices 
        shall report directly to the Commission:
                    (A) The General Counsel.
                    (B) The Secretary of the Commission.
                    (C) The Office of Commission Appellate 
                Adjudication.
                    (D) The Office of Congressional Affairs.
                    (E) The Office of Public Affairs.
                    (F) The Office of International Programs.
                    (G) The Atomic Safety and Licensing Board Panel.
                    (H) The Advisory Committee on Reactor Safeguards.
            (2) Receipt of reports.--The Commission shall receive the 
        reports submitted under paragraph (1).

SEC. 105. RESCISSION OF REORGANIZATION PLAN APPROVAL.

    The approval of Reorganization Plan No. 1 of 1980 (45 Fed. Reg. 
40561) (adopted pursuant to the Reorganization Act Amendments of 1984 
(5 U.S.C. 901 et seq.)) is rescinded.

                        TITLE II--MISCELLANEOUS

SEC. 201. CERTIFICATION OF DOCUMENTS TRANSMITTED TO CONGRESS.

    A letter or other document transmitted by the Commission, on behalf 
of the full Commission, to a member of Congress in the capacity of the 
member as Chairman or Ranking Minority Member of a Committee of 
Congress, shall include a certification that the letter or document is 
being sent to 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.

    (a) In General.--In reviewing the decisions and actions of the 
Atomic Safety and Licensing Board, not later than 90 days after the 
date on which the Commission receives final briefs relating to the 
decision or action, each member of the Commission shall vote on the 
matter under review.
    (b) Notification of Nonvoters.--Once a majority position of the 
members of the Commission has been established by members voting under 
subsection (a), the Secretary shall notify in writing any member of the 
Commission that has not voted in accordance with that subsection that a 
majority position has been established with respect to the matter under 
review.
    (c) Deadline for Voting.--A member of the Commission that receives 
notice under subsection (b)--
            (1) shall have within 3 days of the date of the notice to 
        vote on the matter under review; and
            (2) shall be considered by the Secretary as not 
        participating in the vote if the member does not vote by the 
        deadline specified in paragraph (1).
    (d) Publication.--The Commission shall publish any resulting 
decision of the Commission under this section, including adjudicatory 
orders and direction to agency staff--
            (1) if a majority position is established with respect to 
        the matter under review under this section, not later than 30 
        days after the date on which the majority position is 
        established; or
            (2) if a majority position is not established because of a 
        tie vote of the participating members of the Commission, not 
        later than 30 days after the date on which the voting is 
        completed in accordance with this section.

SEC. 203. ALLEGATIONS OF WRONGDOING.

    (a) Referral to Inspector General.--Not later than 90 days after 
the date of enactment of this Act, the Commission shall revise the 
procedures of the Commission to ensure that any allegation of 
wrongdoing on the part of the Chairman is immediately referred to the 
Inspector General of the Commission.
    (b) Supervision of Inspector General.--During any period in which 
an investigation by the Inspector General of the Chairman is pending 
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 (5 U.S.C. App.).

SEC. 204. APPROVAL OF TRAVEL.

    (a) Authorization by Chairman.--The Chairman 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 by that 
is 5 days after the date on which the request is submitted to the 
Chairman.
    (b) Request Considered To Be Approved.--If the Chairman fails to 
submit to the Commission the notice of disapproval by the deadline 
described in subsection (a), the travel shall be considered to be 
approved.

SEC. 205. IMPLEMENTATION.

    Except as otherwise specified in this Act, not later than 180 days 
after the date of enactment of this Act, the Commission shall revise 
the procedures of the Commission to conform the procedures with this 
Act.
                                 <all>
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