I 
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 Representa-
tives 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 Com-
plements Act’’. 
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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 Commis-
sion; 
(3) orders and adjudications, as defined in sec-
tion 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 Com-
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mission. All members of the Commission shall have full, 
unfettered, timely, and equal access to information per-
taining 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 ‘‘Chair-
man’’) and to the staff. 
(b) OFFICERS AND EMPLOYEES.— 
(1) OFFICERS.—With respect to the following 
officers or successor officers duly established by stat-
ute or by the Commission, the Chairman shall ini-
tiate the appointment, subject to the approval of the 
Commission, and the Chairman or a member of the 
Commission may initiate an action for removal, sub-
ject to the approval of the Commission by majority 
vote: 
(A) Executive Director for Operations. 
(B) Chief and Deputy Chief Financial Of-
ficer. 
(C) General Counsel. 
(D) Director of the Office of Commission 
Appellate Adjudication. 
(E) Secretary of the Commission. 
(F) Director of the Office of Public Af-
fairs. 
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(G) Director of the Office of Congressional 
Affairs. 
(H) Director of the Office of International 
Programs. 
(I) Chief Administrative Judge and mem-
bers of the Atomic Safety and Licensing Board 
Panel. 
Any performance evaluation or rating of the officers 
listed in subparagraphs (A) through (I) shall be de-
termined 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 para-
graph (1), the Chairman may designate an acting 
officer for a maximum of 60 days, after which any 
further extension must be approved by the Commis-
sion. 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 ini-
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tiate the appointment, subject to the approval of the 
Commission, and the Chairman, or a member of the 
Commission may initiate an action for removal, sub-
ject to the approval of the Commission by majority 
vote: 
(i) Director of the Office of Nuclear Reac-
tor Regulation. 
(ii) Director of the Office of Nuclear Mate-
rial Safety and Safeguards. 
(iii) Director of the Office of Nuclear Reg-
ulatory Research. 
(iv) Director of the Office of Nuclear Secu-
rity and Incident Response. 
(v) Director of the Office of New Reactors. 
(vi) Director of the Office of Federal and 
State Materials and Environmental Manage-
ment Programs. 
(vii) Director of the Office of Investiga-
tions. 
(viii) Director of the Office of Enforce-
ment. 
(3) APPOINTMENT
OF
ADVISORY
COMMITTEE 
ON
REACTOR
SAFEGUARDS.—The Chairman or a 
member of the Commission shall initiate the ap-
pointment of the Members of the Advisory Com-
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mittee on Reactor Safeguards, subject to the ap-
proval of the Commission. The provisions for ap-
pointment of the Chairman of the Advisory Com-
mittee 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 Di-
rector for Operations, General Counsel, Secretary of 
the Commission, Chief Financial Officer, Office of 
Commission Appellate Adjudication, Office of Con-
gressional Affairs, Office of Public Affairs, and Of-
fice 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: Atom-
ic 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. 
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(d) PERFORMANCE OF FUNCTIONS.—The Commis-
sion shall act as provided by section 201(a)(1) of the En-
ergy Reorganization Act of 1974 (42 U.S.C. 5841(a)(1)) 
in the performance of its functions as described in sub-
sections (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 rep-
resent the policies determined by a majority of the Com-
mission. 
(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 re-
ferred 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 dis-
tribution 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 
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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 per-
sonnel and among administrative units and offices of 
the Commission. 
(3) Preparation of proposals for the reorganiza-
tion of the major offices of the Commission. 
(4) Appointing and removing, without any fur-
ther action by the Commission, all officers and em-
ployees under the Commission other than those 
whose appointment and removal are specifically pro-
vided for by section 101 (b) and (c). 
(c) GOVERNING PRINCIPLES.— 
(1) IN GENERAL.—The Chairman as principal 
executive officer and the Executive Director for Op-
erations shall be governed by the general policies of 
the Commission and by such regulatory decisions, 
findings, and determinations, including those for re-
organization proposals, budget revisions, and dis-
tribution of appropriated funds, as the Commission 
may by law, including this title, be authorized to 
make. 
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(2) FULL AND CURRENT INFORMATION.—The 
Chairman and the Executive Director for Operations 
shall have joint responsibility insuring that the Com-
mission is fully and currently informed about mat-
ters within its functions. 
(3) FAILURE TO ACT IN ACCORDANCE.—If a 
majority of Commissioners determine that the Chair-
man has not acted in accordance with paragraph (1) 
or (2), such Commissioners shall provide written no-
tice of the determination to the President and pro-
vide 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 au-
thority 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 Rep-
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resentatives, and the Committee on Environ-
ment and Public Works of the Senate, in writ-
ing; 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 Direc-
tor of the Central Intelligence Agency, or the 
Director of National Intelligence of an immi-
nent security threat to a facility or materials li-
censed or regulated by the Commission. 
Where authority is exercised pursuant to this sec-
tion, public notification may be delayed provided 
that the Chairman determines that prior public dis-
closure would constitute a risk to public health and 
safety and so notifies the Commission, the Com-
mittee on Energy and Commerce of the House of 
Representatives, and the Committee on Environment 
and Public Works of the Senate. 
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(3) The Chairman may only exercise emergency 
authority for the duration of the emergency or 30 
days, whichever is less. The Commission may ap-
prove extensions of that time. Each extension is lim-
ited to 30 days and requires notification of the pub-
lic, 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 in-
cludes 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 emer-
gency. Such consultations shall be exempt from the re-
quirements of section 552b of title 5, United States Code 
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(commonly referred to as the ‘‘Government in the Sun-
shine Act’’). 
(d) GUIDELINES AND NOTICE.—In acting under this 
section, the Chairman, or other member of the Commis-
sion delegated authority under subsection (b), shall con-
form to the policy guidelines of the Commission. 
(e) TERMINATION
OF EMERGENCY.—Upon termi-
nation of the emergency, the Chairman shall immediately 
notify the Commission, the public, the Committee on En-
ergy 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 conclu-
sion 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 author-
ity provided in this section, to the Commission, the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives, 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 Commis-
sion shall revise its procedures to comply with the require-
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ments 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 in-
volved 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 secu-
rity, is not being properly addressed. 
(b) EXECUTIVE DIRECTOR FOR OPERATIONS.—The 
Executive Director for Operations shall report for all mat-
ters to the Chairman. 
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(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 Commis-
sion level offices or successor offices, of General Counsel, 
Secretary of the Commission, Commission Appellate Adju-
dication, Congressional Affairs, Public Affairs, Inter-
national Programs, Atomic Safety and Licensing Board 
Panel, and Advisory Committee on Reactor Safeguards 
shall report directly to the Commission and the Commis-
sion shall receive such reports. 
SEC. 105. RESCISSION OF REORGANIZATION PLAN AP-
PROVAL. 
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 Nu-
clear Regulatory Commission, on behalf of the full Com-
mission, 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 rank-
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ing minority member of that Committee in accordance 
with established Commission procedures. 
SEC. 202. TIME LIMITS FOR COMMISSION REVIEW OF ATOM-
IC SAFETY AND LICENSING BOARD DECI-
SIONS. 
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 estab-
lished, 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 po-
sition 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, in-
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cluding 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 re-
ferred 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 responsi-
bility 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 Commis-
sion shall authorize all international travel requested by 
other members of the Commission for official business un-
less 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. 
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SEC. 205. IMPLEMENTATION. 
Except as otherwise specified in this Act, the Com-
mission shall revise its procedures to conform to this Act 
within 180 days of its date of enactment. 
Æ 
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