Nuclear Emergency Re-establishment of Obligations (NERO) Act - Prohibits the Chairman of the Nuclear Regulatory Commission (NRC) from exercising emergency authority to make decisions or take actions otherwise reserved for the full Commission unless the Chairman has declared an emergency based upon: (1) an imminent safety threat to a facility or materials licensed or regulated by the NRC, or (2) a determination by senior officials of designated agencies that a security incident exists that poses an imminent threat to a facility or materials licensed or regulated by the NRC.
Prescribes additional procedures if the Chairman does declare such emergency exists.
Subjects to approval by the full Commission all appointments by the NRC Chairman of NRC officers.
Prescribes time limits for NRC review of requested briefs.
Directs the NRC to revise its procedures to ensure that any allegation of wrongdoing on the part of the NRC Chairman is referred to the Inspector General of the NRC.
Instructs the NRC Chairman to authorize all domestic and international travel requested by NRC members for official business unless a notice of disapproval is submitted to the full Commission specifying the basis for the disapproval.
Prohibits adoption of any budget or budget revision unless each NRC member has been given an opportunity to: (1) participate in the development of such budget or revision after being provided access to all relevant information, and (2) vote on the approval of such budget or revision.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3657 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 3657
To clarify the authority of the Chairman of the Nuclear Regulatory
Commission to act on behalf of the Commission during emergencies, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 13, 2011
Mr. Terry (for himself, Mr. Barton of Texas, and Mr. Burgess)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To clarify the authority of the Chairman of the Nuclear Regulatory
Commission to act on behalf of the Commission during emergencies, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nuclear Emergency Re-establishment
of Obligations (NERO) Act''.
SEC. 2. EMERGENCY AUTHORITY OF CHAIRMAN.
(a) In General.--The Chairman of the Nuclear Regulatory Commission
may not exercise emergency authority to make decisions or take actions
otherwise reserved for the full Commission unless the Chairman has
declared an emergency based on--
(1) an imminent safety threat to a facility or materials
licensed or regulated by the Commission; or
(2) 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 Director
of the Central Intelligence Agency, or the Director of National
Intelligence that a security incident exists that poses an
imminent threat to a facility or materials licensed or
regulated by the Commission.
(b) Additional Requirements.--If the Chairman declares an emergency
under subsection (a)--
(1) the Chairman shall within 1 hour notify each member of
the Commission and appropriate Commission staff offices, and
within 4 days shall notify the Congress, of--
(A) the declaration, including specific reference
to the emergency on which the declaration is based; and
(B) all actions and recommendations made under the
emergency authority;
(2) the Chairman shall ensure that all members of the
Commission are provided timely and current access to all
records and information, and all Commission staff involved,
relating to actions taken during the emergency;
(3) to the extent practicable, the Chairman shall consult
with the full Commission on any actions to be taken under the
emergency;
(4) the Chairman shall terminate the emergency period not
later than the termination of the threat or determination on
which the emergency declaration is based under subsection (a);
(5) not later than 1 day after the termination of the
emergency, the Chairman shall notify each member of the
Commission, and notify the Congress, of such termination; and
(6) not later than 10 days after the termination of the
emergency, the Chairman shall submit a complete report to the
Commission on the actions taken during the emergency.
(c) Commission Procedures.--Not later than 90 days after the date
of enactment of this Act, the Nuclear Regulatory Commission shall
revise its procedures to comply with the requirements of this section.
Such revision shall define the roles of the Commissioners during an
emergency, specifying complete--
(1) access to records and information relating to actions
taken during the emergency;
(2) access to Commission staff involved in the management
of the emergency;
(3) access to the location or locations where decisions are
made during the emergency; and
(4) participation in decisions that affect Commission
actions and policies beyond the response to a particular
emergency.
SEC. 3. CERTIFICATION OF DOCUMENTS TRANSMITTED TO CONGRESS.
A letter or other document transmitted by the Nuclear Regulatory
Commission, on behalf of the full Commission, 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 ranking minority member
of that Committee in accordance with published procedures of the
Commission.
SEC. 4. APPOINTMENT OF COMMISSION OFFICERS.
All appointments by the Chairman of the Nuclear Regulatory
Commission of the officers of the Commission shall be subject to
approval by the full Commission, and service as such an officer shall
be dependent on a vote of affirmation by the full Commission at least
once every 2 years.
SEC. 5. TIME LIMITS FOR COMMISSION REVIEW OF BRIEFS REQUESTED.
(a) In General.--Except as provided in subsection (b), if the
Nuclear Regulatory Commission issues an order requesting parties to
file briefs relating to whether the Commission should review, uphold,
or overturn a decision by the Licensing Board--
(1) the Commission shall vote on the matter not later than
40 days after receipt of such briefs; and
(2) not later than 10 days after such vote, the Commission
shall publish its decision, including, except in the case of
adjudicatory matters, the votes of each of the members of the
Commission.
(b) Exception.--Subsection (a) shall not apply to orders requesting
parties to file briefs relating to revocation of a previously issued
license.
SEC. 6. 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 referred to the
Inspector General of the Commission.
(b) Supervision of Inspector General.--During the pendency of any
investigation by the Inspector General of the Nuclear Regulatory
Commission with respect to an allegation described in subsection (a),
the responsibility for supervising the Inspector General shall be
delegated to a member of the Commission other than the Chairman.
SEC. 7. APPROVAL OF COMMISSIONER TRAVEL.
The Chairman of the Nuclear Regulatory Commission shall authorize
all domestic and 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. The notice of disapproval shall be submitted within 5 days
after the travel is requested or the travel shall be deemed approved.
SEC. 8. BUDGET REVIEW AND DEVELOPMENT.
No budget or budget revision shall be adopted for the Nuclear
Regulatory Commission unless each member of the Commission has been
given an opportunity to--
(1) participate in the development of such budget or
revision after being provided access to all relevant
information used in such development; and
(2) vote on the approval of such budget or revision.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Energy and Power.
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