,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #cacb  ,,in ,,the ,,house ,,of  
,,representatives  ,september #ah1      
#bjac,mr4 ,terry introduced the         
following bill2 which was referred to   
the ,committee on ,energy and ,commerce 
,a ,,bill  ,to ensure orderly conduct of
 ,nuclear ,regulatory ,commission       
actions4  #a4 ,short title ,this ,act   
may be cited as the ,nuclear ,regulatory
 ,commission ,reorganization ,plan      
,codification and ,complements ,act4  ,i
 ,replacement of ,reorganization ,plan  
#aja4 ,general functions  7a7 ,functions
 ,those functions of the ,nuclear       
,regulatory ,commission 7in this title  
referred to as the ,commission7         
concerned with-- 7#a7 policy            
formulation2  7#b7 rulemaking1 as       
defined in section #eec of title #e of  
the ,united ,states ,code1 except that  
those matters set forth in #eec 7a77#b7 
and 7b7 which do not pertain to policy  
formulation orders or adjudications     
shall be reserved to the ,chairman of   

the ,commission2  7#c7 orders and       
adjudications1 as defined in section    
#eea 7#f7 and 7#g7 of title #e of the   
,united ,states ,code2 and  7#d7        
approving the distribution of           
appropriated funds according to programs
 and purposes proposed by the ,executive
 ,director for ,operations1  shall      
remain vested in the ,commission4 ,a    
majority of the ,commission may         
determine1 in an area of doubt1 whether 
any matter1 action1 question1 or area of
 inquiry pertains to one of these       
functions4 ,any member of the           
,commission may request such a vote4    
,any member of the ,commission may      
propose a policy matter for             
consideration by the ,commission4 ,all  
members of the ,commission shall have   
full1 unfettered1 timely1 and equal     
access to information pertaining to its 
functions4 ,the performance of any      
portion of these functions may be       
delegated by the ,commission to a member
 of the ,commission1 including the      

,chairman of the ,commission 7in this   
title referred to as the ,chairman7 and 
to the staff4  7b7 ,officers and        
employees  7#a7 ,officers ,with respect 
to the following officers or successor  
officers duly established by statute or 
by the ,commission1 the ,chairman shall 
initiate the appointment1 subject to the
 approval of the ,commission1 and the   
,chairman or a member of the ,commission
 may initiate an action for removal1    
subject to the approval of the          
,commission by majority vote3 7,a7      
,executive ,director for ,operations4   
7,b7 ,chief and ,deputy ,chief          
,financial ,officer4  7,c7 ,general     
,counsel4  7,d7 ,director of the ,office
 of ,commission ,appellate              
,adjudication4  7,e7 ,secretary of the  
,commission4  7,f7 ,director of the     
,office of ,public ,affairs4  7,g7      
,director of the ,office of             
,congressional ,affairs4  7,h7 ,director
 of the ,office of ,international       
,programs4  7,i7 ,chief ,administrative 

,judge and members of the ,atomic       
,safety and ,licensing ,board ,panel4   
,any performance evaluation or rating of
 the officers listed in subparagraphs   
7,a7 through 7,i7 shall be determined by
 a majority vote of the members of the  
,commission4  7#b7 ,replacement of      
officers  7,a7 ,in the event of a       
vacancy in a position described in      
paragraph 7#a71 the ,chairman may       
designate an acting officer for a       
maximum of #fj days1 after which any    
further extension must be approved by   
the ,commission4 ,if1 at the end of #fj 
days1 the ,commission has not approved  
the appointment of an officer proposed  
by the ,chairman1 or the ,chairman has  
not proposed one1 any ,commissioner may 
initiate the appointment subject to     
approval of the ,commission4  7,b7 ,with
 respect to the following officers or   
successor officers duly established by  
statute or by the ,commission1 the      
,chairman1 after consultation with the  
,executive ,director for ,operations1   

shall initiate the appointment1 subject 
to the approval of the ,commission1 and 
the ,chairman1 or a member of the       
,commission may initiate an action for  
removal1 subject to the approval of the 
,commission by majority vote3 7i7       
,director of the ,office of ,nuclear    
,reactor ,regulation4  7ii7 ,director of
 the ,office of ,nuclear ,material      
,safety and ,safeguards4  7iii7         
,director of the ,office of ,nuclear    
,regulatory ,research4  7iv7 ,director  
of the ,office of ,nuclear ,security and
 ,incident ,response4  7v7 ,director of 
the ,office of ,new ,reactors4  7vi7    
,director of the ,office of ,federal and
 ,state ,materials and ,environmental   
,management ,programs4  7vii7 ,director 
of the ,office of ,investigations4      
7viii7 ,director of the ,office of      
,enforcement4  7#c7 ,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        
,safeguards1 subject to the approval of 
the ,commission4 ,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 title4  7#d7 ,delegation of     
staff supervision functions ,the        
,commission shall delegate the function 
of appointing1 removing1 and supervising
 the staff of the following offices or  
successor offices to the respective     
heads of such offices3 ,executive       
,director for ,operations1 ,general     
,counsel1 ,secretary of the ,commission1
 ,chief ,financial ,officer1 ,office of 
,commission ,appellate ,adjudication1   
,office of ,congressional ,affairs1     
,office of ,public ,affairs1 and ,office
 of ,international ,programs4 ,the      
,commission shall delegate the functions
 of appointing1 removing1 and           
supervising the staff of the following  
panels and committee to the respective  

,chairmen thereof3 ,atomic ,safety and  
,licensing ,board ,panel and ,advisory  
,committee on ,reactor ,safeguards4  7c7
 ,commission member offices ,each member
 of the ,commission shall appoint1      
remove1 and supervise the personnel     
employed in his or her immediate office4
  7d7 ,performance of functions ,the    
,commission shall act as provided by    
section #bja7;a77#a7 of the ,energy     
,reorganization ,act of #aigd 7#db      
,u4,s4,c4 #ehda7;a77#a77 in the         
performance of its functions as         
described in subsections 7a7 and 7b7 of 
this section4  #ajb4 ,chairman  7a7     
,functions ,except as otherwise provided
 in section #aja1 all functions of the  
,commission shall rest with the         
,chairman4 ,the ,chairman shall be the  
official spokesman for the ,commission  
and1 as such1 shall represent the       
policies determined by a majority of the
 ,commission4  7b7 ,additional functions
 ,the ,chairman shall also be the       
principal executive officer of the      

,commission1 and shall be responsible to
 the ,commission for assuring that the  
,executive ,director for ,operations and
 the staff of the ,commission 7other    
than the officers and staff referred to 
in section #aja 7b77#d7 and 7c77 are    
responsive to the requirements of the   
,commission in the performance of its   
functions2 shall determine the use and  
expenditure of funds of the ,commission1
 in accordance with the distribution of 
appropriated funds according to programs
 and purposes approved by the           
,commission2 shall present to the       
,commission for its consideration the   
proposals set forth in paragraph 7#c72  
and shall be responsible for the        
following functions1 which the ,chairman
 shall delegate1 subject to the         
,chairman's direction and supervision1  
to the ,executive ,director for         
,operations unless otherwise provided by
 this ,act3 7#a7 ,administrative        
functions of the ,commission4  7#b7     
,distribution of business among such    

personnel and among administrative units
 and offices of the ,commission4  7#c7  
,preparation of proposals for the       
reorganization of the major offices of  
the ,commission4  7#d7 ,appointing and  
removing1 without any further action by 
the ,commission1 all officers and       
employees under the ,commission other   
than those whose appointment and removal
 are specifically provided for by       
section #aja 7b7 and 7c74  7c7          
,governing principles  7#a7 ,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 decisions1 findings1 
and determinations1 including those for 
reorganization proposals1 budget        
revisions1 and distribution of          
appropriated funds1 as the ,commission  
may by law1 including this title1 be    
authorized to make4  7#b7 ,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 functions4  7#c7 ,failure to 
act in accordance ,if a majority of     
,commissioners determine that the       
,chairman has not acted in accordance   
with paragraph 7#a7 or 7#b71 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 ,senate4  #ajc4   
,emergency authority  7a7 ,in general   
,notwithstanding sections #aja and #ajb1
 the ,chairman is authorized to exercise
 emergency authority described in       
paragraph 7#d71 subject to the following
 limitations3 7#a7 ,the ,chairman may   
not exercise emergency authority unless 
and until the ,chairman declares a      
specific emergency exists and1 not later
 than #bd hours after such declaration1 

notifies-- 7,a7 the ,commission1 the    
,committee on ,energy and ,commerce of  
the ,house of ,representatives1 and the 
,committee on ,environment and ,public  
,works of the ,senate1 in writing2 and  
7,b7 the public4  7#b7 ,the ,chairman   
may only exercise emergency authority in
 response to-- 7,a7 an imminent safety  
threat pertaining to a facility or      
materials licensed or regulated by the  
,commission2 or  7,b7 a determination by
 the ,secretary of ,homeland ,security1 
the ,secretary of ,energy1 the          
,secretary of ,transportation1 the      
,director of the ,federal ,bureau of    
,investigation1 the ,director of the    
,central ,intelligence ,agency1 or the  
,director of ,national ,intelligence of 
an imminent security threat to a        
facility or materials licensed or       
regulated by the ,commission4  ,where   
authority is exercised pursuant to this 
section1 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         
,commission1 the ,committee on ,energy  
and ,commerce of the ,house of          
,representatives1 and the ,committee on 
,environment and ,public ,works of the  
,senate4  7#c7 ,the ,chairman may only  
exercise emergency authority for the    
duration of the emergency or #cj days1  
whichever is less4 ,the ,commission may 
approve extensions of that time4 ,each  
extension is limited to #cj days and    
requires notification of the public1 the
 ,committee on ,energy and ,commerce of 
the ,house of ,representatives1 and the 
,committee on ,environment and ,public  
,works of the ,senate4  7#d7 ,the       
,chairman's emergency authority includes
 the functions of responding to1 issuing
 orders respecting1 advising ,united    
,states civil authorities and the       
,united ,states public about1 and       
directing and coordinating actions      
relative to such emergency incident4    
7b7 ,delegation ,the ,chairman may      

delegate the authority to perform such  
emergency functions1 in whole or in     
part1 to any of the other members of the
 ,commission4 ,such authority may also  
be delegated or redelegated1 in whole or
 in part1 to the staff of the           
,commission4  7c7 ,consultation ,to the 
extent practicable1 the ,chairman shall 
consult with the full ,commission on any
 regulatory or policy actions to be     
taken under an emergency4 ,such         
consultations shall be exempt from the  
requirements of section #eeb;b of title 
#e1 ,united ,states ,code 7commonly     
referred to as the ,government in the   
,sunshine ,act74  7d7 ,guidelines and   
notice ,in acting under this section1   
the ,chairman1 or other member of the   
,commission delegated authority under   
subsection 7b71 shall conform to the    
policy guidelines of the ,commission4   
7e7 ,termination of emergency ,upon     
termination of the emergency1 the       
,chairman shall immediately notify the  
,commission1 the public1 the ,committee 

on ,energy and ,commerce of the ,house  
of ,representatives1 and the ,committee 
on ,environment and ,public ,works of   
the ,senate4  7f7 ,report ,within #cj   
days following the conclusion of the    
emergency1 the ,chairman1 or the member 
of the ,commission or member of the     
staff delegated the emergency functions 
under subsection 7b71 shall render a    
complete report of all actions taken    
during the emergency1 specifically      
delineating actions taken utilizing the 
authority provided in this section1 to  
the ,commission1 the ,committee on      
,energy and ,commerce of the ,house of  
,representatives1 and the ,committee on 
,environment and ,public ,works of the  
,senate4  7g7 ,commission procedures    
,not later than #ij days after the date 
of enactment of this ,act1 the          
,commission shall revise its procedures 
to comply with the requirements of this 
section4 ,such revision shall define the
 roles of the ,commissioners during an  
emergency1 specifying-- 7#a7 complete   

access to records and information       
relating to actions taken during the    
emergency2  7#b7 complete access to     
,commission staff involved in the       
management of the emergency2  7#c7      
complete access to the location or      
locations where decisions are made      
during the emergency2 and  7#d7         
participation in decisions that may     
affect ,commission actions and policies 
beyond the response to a particular     
emergency to the extent practicable4    
#ajd4 ,reporting  7a7 ,delegation2      
direct communication ,the ,chairman may 
make such delegations and provide for   
such reporting as the ,chairman deems   
necessary1 subject to provisions of law4
 ,any officer or employee under the     
,commission may communicate directly to 
the ,commission1 or to any member of the
 ,commission1 whenever in the view of   
such officer or employee a critical     
problem1 or matter of public health and 
safety or common defense and security1  
is not being properly addressed4  7b7   

,executive ,director for ,operations    
,the ,executive ,director for           
,operations shall report for all matters
 to the ,chairman4  7c7 ,functions ,the 
,directors of ,nuclear ,reactor         
,regulations1 ,nuclear ,material ,safety
 and ,safeguards1 and ,nuclear          
,regulatory ,research shall report to   
the ,executive ,director for            
,operations4  7d7 ,direct reporting ,the
 heads of the ,commission level offices 
or successor offices1 of ,general       
,counsel1 ,secretary of the ,commission1
 ,commission ,appellate ,adjudication1  
,congressional ,affairs1 ,public        
,affairs1 ,international ,programs1     
,atomic ,safety and ,licensing ,board   
,panel1 and ,advisory ,committee on     
,reactor ,safeguards shall report       
directly to the ,commission and the     
,commission shall receive such reports4 
#aje4 ,rescission of ,reorganization    
,plan approval ,approval of             
,reorganization ,plan ,no4 #a of #aihj  
7#e ,u4,s4,c4 ,app4 #a7 is rescinded4   

,,ii ,miscellaneous  #bja4              
,certification of documents transmitted 
to ,congress ,a letter or other document
 transmitted by the ,nuclear ,regulatory
 ,commission1 on behalf of the full     
,commission1 to a member of ,congress in
 his or her capacity as chairman or     
ranking minority member of a ,committee 
of ,congress1 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 procedures4     
#bjb4 ,time limits for ,commission      
review of ,atomic ,safety and ,licensing
 ,board decisions ,when reviewing the   
decisions and actions of the ,atomic    
,safety and ,licensing ,board1 the      
,commission shall follow the following  
procedures3 7#a7 ,each ,commissioner    
shall vote on the matter not later than 
#ij days after receipt of final briefs1 
after which time the ,commission shall  
not further delay a decision4 ,once a   

majority position is established1 the   
,secretary shall notify in writing any  
,commissioners who have not voted that a
 majority position has been established4
 ,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 participating4
  7#b7 ,not later than #cj days after a 
majority position is established1 the   
,commission shall publish any resulting 
decision1 including adjudicatory orders 
and direction to agency staff4 ,if a    
majority position is not established due
 to a tied vote1 not later than #cj days
 after ,commission voting is complete1  
the ,commission shall publish any       
resulting decision1 including           
adjudicatory orders and direction to    
agency staff4  #bjc4 ,allegations of    
wrongdoing  7a7 ,referral to inspector  
general ,not later than #ij days after  
the date of enactment of this ,act1 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 ,commission4  7b7       
,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 7a71 
the ,chairman shall delegate            
responsibility for supervising the      
,inspector ,general to a member of the  
,commission other than the ,chairman1   
consistent with the ,inspector ,general 
,act of #aigh4  #bjd4 ,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            
disapproval4 ,the notice of disapproval 
shall be submitted within #e days after 

the travel is requested or the travel   
shall be deemed approved4  #bje4        
,implementation ,except as otherwise    
specified in this ,act1 the ,commission 
shall revise its procedures to conform  
to this ,act within #ahj days of its    
date of enactment4