,,ii #aacth ,,congress #ast ,session ,s4 #aeai ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ah1 #bjac,mr4 ,vitter introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to ensure orderly conduct of ,nuclear ,regulatory ,commission actions4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,nuclear ,regulatory ,commission ,reorganization ,plan ,codification and ,complements ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,replacement of ,reorganization ,plan,sec4 #aja4 ,general functions4,sec4 #ajb4 ,chairman4,sec4 #ajc4 ,emergency authority4,sec4 #ajd4 ,reporting4,sec4 #aje4 ,rescission of ,reorganization ,plan approval4,,title ,,ii--,miscellaneous,sec4 #bja4 ,certification of documents transmitted to ,congress4,sec4 #bjb4 ,time limits for ,commission review of ,atomic ,safety and ,licensing ,board decisions4,sec4 #bjc4 ,allegations of wrongdoing4,sec4 #bjd4 ,approval of travel4,sec4 #bje4 ,implementation4 #b4 ,definitions ,in this ,act3 7a7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7b7 ,chairman ,the term ,chairman means the ,chairman of the ,commission4 ,i ,replacement of ,reorganization ,plan #aja4 ,general functions 7a7 ,functions vested in the ,commission 7#a7 ,in general ,there shall remain vested in the ,commission the functions of the ,commission relating to-- 7,a7 policy formulation2 7,b7 rulemaking1 as described in section #eec of title #e1 ,united ,states ,code1 except that the matters described in subsections 7a77#b7 and 7b7 of that section that do not pertain to policy formulation orders or adjudications shall be reserved to the ,chairman2 7,c7 orders and adjudications1 as those terms are defined in paragraphs 7#f7 and 7#g7 of section #eea of title #e1 ,united ,states ,code1 respectively2 and 7,d7 approving the distribution of appropriated funds according to programs and purposes proposed by the ,executive ,director for ,operations4 7#b7 ,voting2 policy proposals 7,a7 ,in general ,if there is a doubt as to whether a matter1 action1 question1 or area of inquiry pertains to one of the functions described in paragraph 7#a71 the ,commission may make a determination with respect to the pertinence1 by majority vote4 7,b7 ,request ,any member of the ,commission may-- 7i7 request a vote under subparagraph 7,a72 and 7ii7 propose a policy matter for consideration by the ,commission4 7#c7 ,access to information ,all members of the ,commission shall have full1 unfettered1 timely1 and equal access to information of the ,commission4 7#d7 ,delegation of functions ,the performance of any portion of the functions described in paragraph 7#a7 may be delegated by the ,commission to-- 7,a7 a member of the ,commission 7including the ,chairman72 and 7,b7 the staff of the ,commission4 7b7 ,officers and employees 7#a7 ,appointment and removal of certain officers 7,a7 ,appointment ,the ,chairman shall initiate the appointment1 subject to the approval of the ,commission1 of the officers or successor officers established by law or by the ,commission described in subparagraph 7,c74 7,b7 ,removal ,the ,chairman or a member of the ,commission may initiate an action for removal1 subject to the approval of the ,commission1 by majority vote1 of the officers or successor officers established by law or by the ,commission described in subparagraph 7,c74 7,c7 ,description of officers ,the officers referred to in subparagraphs 7,a7 and 7,b7 consist of the following3 7i7 ,the ,executive ,director for ,operations4 7ii7 ,the ,chief and ,deputy ,chief ,financial ,officer4 7iii7 ,the ,general ,counsel4 7iv7 ,the ,director of the ,office of ,commission ,appellate ,adjudication4 7v7 ,the ,secretary of the ,commission4 7vi7 ,the ,director of the ,office of ,public ,affairs4 7vii7 ,the ,director of the ,office of ,congressional ,affairs4 7viii7 ,the ,director of the ,office of ,international ,programs4 7ix7 ,the ,chief ,administrative ,judge and members of the ,atomic ,safety and ,licensing ,board ,panel4 7,d7 ,evaluations ,any performance evaluation or rating of the officers described in subparagraph 7,c7 shall be determined by a majority vote of the members of the ,commission4 7,e7 ,replacement of officers 7i7 ,in general ,if there is a vacancy in a position described in subparagraph 7,c71 the ,chairman may designate an acting officer for a period of #fj days4 7ii7 ,approval of extension required ,the ,chairman may only extend the initial #fj-;day period under clause 7i7 with the approval of the ,commission4 7iii7 ,failure to approve ,if1 at the end of the #fj-;day period under clause 7i71 the ,chairman has not proposed a replacement or the ,commission has not approved the appointment of an officer proposed by the ,chairman1 any member of the ,commission may initiate the appointment1 subject to approval of the ,commission4 7#b7 ,appointment and removal of other officers 7,a7 ,appointment ,the ,chairman1 after consultation with the ,executive ,director for ,operations1 shall initiate the appointment1 subject to the approval of the ,commission1 of the officers or successor officers established by law or by the ,commission described in subparagraph 7,c74 7,b7 ,removal ,the ,chairman or a member of the ,commission may initiate an action for removal1 subject to the approval of the ,commission1 by majority vote1 of the officers or successor officers established by law or by the ,commission described in subparagraph 7,c74 7,c7 ,description of officers ,the officers referred to in subparagraphs 7,a7 and 7,b7 consist of the following3 7i7 ,the ,director of the ,office of ,nuclear ,reactor ,regulation4 7ii7 ,the ,director of the ,office of ,nuclear ,material ,safety and ,safeguards4 7iii7 ,the ,director of the ,office of ,nuclear ,regulatory ,research4 7iv7 ,the ,director of the ,office of ,nuclear ,security and ,incident ,response4 7v7 ,the ,director of the ,office of ,new ,reactors4 7vi7 ,the ,director of the ,office of ,federal and ,state ,materials and ,environmental ,management ,programs4 7vii7 ,the ,director of the ,office of ,investigations4 7viii7 ,the ,director of the ,office of ,enforcement4 7#c7 ,appointment of ,advisory ,committee on ,reactor ,safeguards 7,a7 ,in general ,the ,chairman or a member of the ,commission shall initiate the appointment of a member of the ,advisory ,committee on ,reactor ,safeguards1 subject to the approval of the ,commission4 7,b7 ,limitation ,nothing in this ,act affects-- 7i7 the appointment of the ,chairman of the ,advisory ,committee on ,reactor ,safeguards2 or 7ii7 the term of the members of ,advisory ,committee on ,reactor ,safeguards4 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 the offices3 7,a7 ,executive ,director for ,operations4 7,b7 ,general ,counsel4 7,c7 ,secretary of the ,commission4 7,d7 ,chief ,financial ,officer4 7,e7 ,the ,office of ,commission ,appellate ,adjudication4 7,f7 ,the ,office of ,congressional ,affairs4 7,g7 ,the ,office of ,public ,affairs4 7,h7 ,the ,office of ,international ,programs4 7#e7 ,delegation of staff of panels and committees ,the ,commission shall delegate the functions of appointing1 removing1 and supervising the staff of the following panels and committee to the respective ,chair of the panel or committee3 7,a7 ,the ,atomic ,safety and ,licensing ,board ,panel4 7,b7 ,the ,advisory ,committee on ,reactor ,safeguards4 7c7 ,commission member offices ,each member of the ,commission shall continue to appoint1 remove1 and supervise the personnel employed in the immediate office of the member4 7d7 ,performance of functions ,section #bja7;a77#a7 of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehda7;a77#a77 shall apply to the ,chairman in the performance of the functions of the ,chairman as described in subsections 7a7 and 7b74 #ajb4 ,chairman 7a7 ,transfer of functions ,any function of the ,commission not described in section #aja7;a77#a7 is transferred to the ,chairman4 7b7 ,duties ,the ,chairman shall-- 7#a7 be the official spokesman for the ,commission1 which includes representing the policies established by a majority of the members of the ,commission2 7#b7 be the principal executive officer of the ,commission2 7#c7 be responsible to the ,commission for ensuring that the ,executive ,director for ,operations and the staff of the ,commission 7other than the officers and staff referred to in subsections 7b77#d7 and 7c7 of section #aja7 are responsive to the requirements of the ,commission in the performance of the functions of the ,commission2 7#d7 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 7#e7 present to the ,commission1 for consideration by the ,commission1 the proposals and estimates prepared under paragraph 7#f77;,c72 and 7#f7 be responsible for 7which the ,chairman shall delegate1 subject to direction and supervision by the ,chairman1 to the ,executive ,director for ,operations1 unless otherwise provided by this ,act7-- 7,a7 administrative functions of the ,commission2 7,b7 distribution of business among personnel1 administrative units1 and offices of the ,commission2 7,c7 preparation of proposals for the reorganization of the major offices of the ,commission2 and 7,d7 appointing and removing1 without any further action by the ,commission1 all officers and employees under the ,commission other than the offices and employees1 the appointment and removal of which are specifically provided for by subsections 7b77#d7 and 7c7 of section #aja4 7c7 ,governing principles 7#a7 ,in general ,the ,chairman 7as principal executive officer7 and the ,executive ,director for ,operations1 shall be governed by-- 7,a7 the general policies of the ,commission2 and 7,b7 any regulatory decisions1 findings1 and determinations 7including decisions1 findings1 and determinations for reorganization proposals1 budget revisions1 and the distribution of appropriated funds7 as the ,commission may by law be authorized to make4 7#b7 ,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 ,commission4 7#c7 ,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 7#a7 or 7#b71 the members of the ,commission shall-- 7,a7 submit to the ,president written notice of the determination2 and 7,b7 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 7,a74 #ajc4 ,emergency authority 7a7 ,in general ,notwithstanding sections #aja and #ajb and subject to subsection 7b71 the ,chairman is authorized to exercise emergency authority of the ,chairman in responding to1 issuing orders respecting1 advising ,united ,states civil authorities and the ,united ,states public about1 and directing and coordinating actions relating to an emergency incident4 7b7 ,limitations 7#a7 ,emergency declaration required 7,a7 ,in general ,the ,chairman may not exercise emergency authority under subsection 7a7 until-- 7i7 the ,chairman issues a declaration that a specific emergency exists2 and 7ii7 not later than #bd hours after the issuance of a declaration under subparagraph 7,a71 the ,chairman provides notice of the declaration-- 7,i7 in writing to-- 7aa7 the ,commission2 7bb7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7cc7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7,,ii7 except as provided in subparagraph 7,b71 to the public4 7,b7 ,public notification ,notwithstanding subclause 7,,ii7 of subparagraph 7,a77ii71 public notification of a declaration under that subclause may be delayed beyond the #bd-;hour period specified in subparagraph 7,a77ii7 if the ,chairman-- 7i7 determines that disclosing the declaration to the public at that time would constitute a risk to public health or safety2 and 7ii7 submits notice of the determination under clause 7i7 to-- 7,i7 the ,commission2 7,,ii7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,,iii7 the ,committee on ,environment and ,public ,works of the ,senate4 7#b7 ,authorized emergencies ,the ,chairman may only exercise emergency authority under subsection 7a7 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 of an imminent security threat to a facility or materials licensed or regulated by the ,commission is made by-- 7i7 the ,secretary of ,homeland ,security2 7ii7 the ,secretary of ,energy2 7iii7 the ,secretary of ,transportation2 7iv7 the ,director of the ,federal ,bureau of ,investigation2 7v7 the ,director of the ,central ,intelligence ,agency2 or 7vi7 the ,director of ,national ,intelligence4 7#c7 ,duration 7,a7 ,in general ,the ,chairman may only exercise emergency authority under subsection 7a7 for the fewer of-- 7i7 the duration of the emergency2 or 7ii7 #cj days4 7,b7 ,extension ,the initial period established under subparagraph 7,a7 may be extended by #cj days if the ,commission-- 7i7 approves the extension2 and 7ii7 submits notice of the extension to-- 7,i7 the public2 7,,ii7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,,iii7 the ,committee on ,environment and ,public ,works of the ,senate4 7c7 ,delegation 7#a7 ,to members ,the ,chairman may delegate the authority to perform the emergency functions described in subsection 7a71 in whole or in part1 to any of the other members of the ,commission4 7#b7 ,to staff ,the authority to perform the emergency functions described in subsection 7a7 may be delegated or redelegated1 in whole or in part1 to the staff of the ,commission4 7d7 ,consultation 7#a7 ,in general ,to the maximum extent practicable1 the ,chairman shall consult with the full ,commission on any regulatory or policy actions taken under the emergency authority provided under this section4 7#b7 ,exemption ,a consultation under paragraph 7#a7 shall be exempt from the requirements of section #eeb;b of title #e1 ,united ,states ,code4 7e7 ,guidelines and notice ,in acting under this section1 the actions of the ,chairman1 or other member of the ,commission delegated authority under subsection 7c71 shall conform to the policy guidelines of the ,commission4 7f7 ,termination of emergency ,on termination of the emergency1 the ,chairman shall immediately submit notice of the termination to-- 7#a7 the ,commission2 7#b7 the public2 7#c7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7#d7 the ,committee on ,environment and ,public ,works of the ,senate4 7g7 ,report ,not later than #cj days after the date on which the emergency is terminated under subsection 7f71 the ,chairman1 or the member of the ,commission or staff member of the ,commission delegated the emergency functions under subsection 7c71 shall submit a report that describes all actions taken during the emergency1 including a description of any actions taken using the authority provided by this section1 to-- 7#a7 the ,commission2 7#b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7#c7 the ,committee on ,environment and ,public ,works of the ,senate4 7h7 ,commission procedures 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall revise the procedures of the ,commission to comply with the requirements of this section4 7#b7 ,requirements ,the revision under paragraph 7#a7 shall define the roles of the members of the ,commission during an emergency1 including providing for-- 7,a7 complete access to-- 7i7 records and information relating to actions taken during the emergency2 7ii7 ,commission staff involved in the management of the emergency2 and 7iii7 one or more locations at which decisions are made during the emergency2 and 7,b7 to the extent practicable1 participation in decisions that may affect ,commission actions and policies beyond the response to a particular emergency4 #ajd4 ,reporting 7a7 ,delegation2 reporting 7#a7 ,in general ,the ,chairman may make any delegations and provide for any reporting that the ,chairman determines to be necessary1 subject to applicable provisions of law4 7#b7 ,direct communication ,any officer or employee under the ,commission may communicate directly to the ,commission1 or to any member of the ,commission1 if the officer or employee determines that a critical problem or matter of public health1 public safety1 or common defense and security is not being properly addressed4 7b7 ,executive ,director for ,operations 7#a7 ,in general ,the ,executive ,director for ,operations shall report all matters to the ,chairman4 7#b7 ,submission of reports to executive director for operations ,the ,directors of ,nuclear ,reactor ,regulations1 ,nuclear ,material ,safety and ,safeguards1 and ,nuclear ,regulatory ,research shall report to the ,executive ,director for ,operations4 7c7 ,direct reporting 7#a7 ,submission of reports ,the heads of the ,commission-level offices or successor offices of the following offices shall report directly to the ,commission3 7,a7 ,the ,general ,counsel4 7,b7 ,the ,secretary of the ,commission4 7,c7 ,the ,office of ,commission ,appellate ,adjudication4 7,d7 ,the ,office of ,congressional ,affairs4 7,e7 ,the ,office of ,public ,affairs4 7,f7 ,the ,office of ,international ,programs4 7,g7 ,the ,atomic ,safety and ,licensing ,board ,panel4 7,h7 ,the ,advisory ,committee on ,reactor ,safeguards4 7#b7 ,receipt of reports ,the ,commission shall receive the reports submitted under paragraph 7#a74 #aje4 ,rescission of ,reorganization ,plan approval ,the approval of ,reorganization ,plan ,no4 #a of #aihj 7#de ,fed4 ,reg4 #djefa7 7adopted pursuant to the ,reorganization ,act ,amendments of #aihd 7#e ,u4,s4,c4 #ija et seq477 is rescinded4 ,,ii ,miscellaneous #bja4 ,certification of documents transmitted to ,congress ,a letter or other document transmitted by the ,commission1 on behalf of the full ,commission1 to a member of ,congress in the capacity of the member as ,chairman or ,ranking ,minority ,member of a ,committee of ,congress1 shall include a certification that the letter or document is being sent to the ,chairman and ,ranking ,minority ,member of that ,committee1 in accordance with established ,commission procedures4 #bjb4 ,time limits for ,commission review of ,atomic ,safety and ,licensing ,board decisions 7a7 ,in general ,in reviewing the decisions and actions of the ,atomic ,safety and ,licensing ,board1 not later than #ij days after the date on which the ,commission receives final briefs relating to the decision or action1 each member of the ,commission shall vote on the matter under review4 7b7 ,notification of nonvoters ,once a majority position of the members of the ,commission has been established by members voting under subsection 7a71 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 review4 7c7 ,deadline for voting ,a member of the ,commission that receives notice under subsection 7b7-- 7#a7 shall have within #c days of the date of the notice to vote on the matter under review2 and 7#b7 shall be considered by the ,secretary as not participating in the vote if the member does not vote by the deadline specified in paragraph 7#a74 7d7 ,publication ,the ,commission shall publish any resulting decision of the ,commission under this section1 including adjudicatory orders and direction to agency staff-- 7#a7 if a majority position is established with respect to the matter under review under this section1 not later than #cj days after the date on which the majority position is established2 or 7#b7 if a majority position is not established because of a tie vote of the participating members of the ,commission1 not later than #cj days after the date on which the voting is completed in accordance with this section4 #bjc4 ,allegations of wrongdoing 7a7 ,referral to inspector general ,not later than #ij days after the date of enactment of this ,act1 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 ,commission4 7b7 ,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 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 #aigh 7#e ,u4,s4,c4 ,app474 #bjd4 ,approval of travel 7a7 ,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 #e days after the date on which the request is submitted to the ,chairman4 7b7 ,request considered ,to be approved ,if the ,chairman fails to submit to the ,commission the notice of disapproval by the deadline described in subsection 7a71 the travel shall be considered to be approved4 #bje4 ,implementation ,except as otherwise specified in this ,act1 not later than #ahj days after the date of enactment of this ,act1 the ,commission shall revise the procedures of the ,commission to conform the procedures with this ,act4