§ 5841. — Establishment and transfers.
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC5841]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 73--DEVELOPMENT OF ENERGY SOURCES
SUBCHAPTER II--NUCLEAR REGULATORY COMMISSION; NUCLEAR WHISTLEBLOWER
PROTECTION
Sec. 5841. Establishment and transfers
(a) Composition; Chairman; Acting Chairman; quorum; official spokesman;
seal; functions of Chairman and Commission
(1) There is established an independent regulatory commission to be
known as the Nuclear Regulatory Commission which shall be composed of
five members, each of whom shall be a citizen of the United States. The
President shall designate one member of the Commission as Chairman
thereof to serve as such during the pleasure of the President. The
Chairman may from time to time designate any other member of the
Commission as Acting Chairman to act in the place and stead of the
Chairman during his absence. The Chairman (or the Acting Chairman in the
absence of the Chairman) shall preside at all meetings of the Commission
and a quorum for the transaction of business shall consist of at least
three members present. Each member of the Commission, including the
Chairman, shall have equal responsibility and authority in all decisions
and actions of the Commission, shall have full access to all information
relating to the performance of his duties or responsibilities, and shall
have one vote. Action of the Commission shall be determined by a
majority vote of the members present. The Chairman (or Acting Chairman
in the absence of the Chairman) shall be the official spokesman of the
Commission in its relations with the Congress, Government agencies,
persons, or the public, and, on behalf of the Commission, shall see to
the faithful execution of the policies and decisions of the Commission,
and shall report thereon to the Commission from time to time or as the
Commission may direct. The Commission shall have an official seal which
shall be judicially noticed.
(2) The Chairman of the Commission shall be the principal executive
officer of the Commission, and he shall exercise all of the executive
and administrative functions of the Commission, including functions of
the Commission with respect to (a) the appointment and supervision of
personnel employed under the Commission (other than personnel employed
regularly and full time in the immediate offices of commissioners other
than the Chairman, and except as otherwise provided in this chapter),
(b) the distribution of business among such personnel and among
administrative units of the Commission, and (c) the use and expenditure
of funds.
(3) In carrying out any of his functions under the provisions of
this section the Chairman shall be governed by general policies of the
Commission and by such regulatory decisions, findings, and
determinations as the Commission may by law be authorized to make.
(4) The appointment by the Chairman of the heads of major
administrative units under the Commission shall be subject to the
approval of the Commission.
(5) There are hereby reserved to the Commission its functions with
respect to revising budget estimates and with respect to determining
upon the distribution of appropriated funds according to major programs
and purposes.
(b) Appointment of members
(1) Members of the Commission shall be appointed by the President,
by and with the advice and consent of the Senate.
(2) Appointments of members pursuant to this subsection shall be
made in such a manner that not more than three members of the Commission
shall be members of the same political party.
(c) Term of office
Each member shall serve for a term of five years, each such term to
commence on July 1, except that of the five members first appointed to
the Commission, one shall serve for one year, one for two years, one for
three years, one for four years, and one for five years, to be
designated by the President at the time of appointment; and except that
any member appointed to fill a vacancy occurring prior to the expiration
of the term for which his predecessor was appointed, shall be appointed
for the remainder of such term. For the purpose of determining the
expiration date of the terms of office of the five members first
appointed to the Nuclear Regulatory Commission, each such term shall be
deemed to have begun July 1, 1975.
(d) Submission of appointments to Senate
Such initial appointments shall be submitted to the Senate within
sixty days of October 11, 1974. Any individual who is serving as a
member of the Atomic Energy Commission on October 11, 1974, and who may
be appointed by the President to the Commission, shall be appointed for
a term designated by the President, but which term shall terminate not
later than the end of his present term as a member of the Atomic Energy
Commission, without regard to the requirements of subsection (b)(2) of
this section. Any subsequent appointment of such individuals shall be
subject to the provisions of this section.
(e) Removal of members; prohibition against engagement in business or
other employment
Any member of the Commission may be removed by the President for
inefficiency, neglect of duty, or malfeasance in office. No member of
the Commission shall engage in any business, vocation, or employment
other than that of serving as a member of the Commission.
(f) Transfer of licensing and regulatory functions of Atomic Energy
Commission
There are hereby transferred to the Commission all the licensing and
related regulatory functions of the Atomic Energy Commission, the
Chairman and members of the Commission, the General Counsel, and other
officers and components of the Commission--which functions officers,
components, and personnel are excepted from the transfer to the
Administrator by section 5814(c) of this title.
(g) Additional transfers
In addition to other functions and personnel transferred to the
Commission, there are also transferred to the Commission--
(1) the functions of the Atomic Safety and Licensing Board Panel
and the Atomic Safety and Licensing Appeal Board;
(2) such personnel as the Director of the Office of Management
and Budget determines are necessary for exercising responsibilities
under section 5845 of this title, relating to, research, for the
purpose of confirmatory assessment relating to licensing and other
regulation under the provisions of the Atomic Energy Act of 1954, as
amended [42 U.S.C. 2011 et seq.], and of this chapter.
(Pub. L. 93-438, title II, Sec. 201, Oct. 11, 1974, 88 Stat. 1242; Pub.
L. 94-79, title II, Secs. 201-203, Aug. 9, 1975, 89 Stat. 413, 414; Pub.
L. 95-209, Sec. 2, Dec. 13, 1977, 91 Stat. 1482; Pub. L. 99-386, title
I, Sec. 109, Aug. 22, 1986, 100 Stat. 822.)
References in Text
This chapter, referred to in subsecs. (a)(2) and (g)(2), was in the
original ``the Energy Reorganization Act of 1974'', and ``this Act'',
respectively, meaning Pub. L. 93-438, Oct. 11, 1974, 88 Stat. 1233, as
amended, which enacted this chapter, amended sections 5313 to 5316 of
Title 5, Government Organization and Employees, repealed sections 2031
and 2032 of this title, and enacted provisions set out as notes under
section 5801 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 5801 of this title
and Tables.
The Atomic Energy Act of 1954, as amended, referred to in subsec.
(g), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch.
1073, Sec. 1, 68 Stat. 921, and amended, which is classified generally
to chapter 23 (Sec. 2011 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out
under section 2011 of this title and Tables.
Amendments
1986--Subsec. (h). Pub. L. 99-386 struck out subsec. (h) which
related to quarterly reports on compliance with equal employment
requirements for grades GS-11 or above.
1977--Subsec. (h). Pub. L. 95-209 added subsec. (h).
1975--Subsec. (a). Pub. L. 94-79, Sec. 201, designated existing
provisions as par. (1) and added pars. (2) to (5).
Subsec. (c). Pub. L. 94-79, Secs. 202, 203, provided for appointment
for remainder of term where vacancy occurs prior to expiration of term
of predecessor appointee and designated July 1, 1975, as commencement
date of initial appointees for purpose of determining expiration date of
terms of office.
Transfer of Functions
For transfer of certain functions from Nuclear Regulatory Commission
to Chairman thereof, see Reorg. Plan No. 1 of 1980, 45 F.R. 40561, 94
Stat. 3585, set out below.
Energy Research and Development Administration terminated and
functions vested by law in Administrator thereof transferred to
Secretary of Energy (unless otherwise specifically provided) by sections
7151(a) and 7293 of this title.
Transportation of Plutonium by Aircraft Through United States Air Space
Pub. L. 100-202, Sec. 101(d) [title III, Sec. 300], Dec. 22, 1987,
101 Stat. 1329-104, 1329-121, and Pub. L. 100-203, title V, Sec. 5062,
Dec. 22, 1987, 101 Stat. 1330-251, provided that:
``(a) In General.--Notwithstanding any other provision of law, no
form of plutonium may be transported by aircraft through the air space
of the United States from a foreign nation to a foreign nation unless
the Nuclear Regulatory Commission has certified to Congress that the
container in which such plutonium is transported is safe, as determined
in accordance with subsection (b), the second undesignated paragraph
under section 201 of Public Law 94-79 (89 Stat. 413; 42 U.S.C. 5841
note), and all other applicable laws.
``(b) Responsibilities of the Nuclear Regulatory Commission.--
``(1) Determination of safety.--The Nuclear Regulatory
Commission shall determine whether the container referred to in
subsection (a) is safe for use in the transportation of plutonium by
aircraft and transmit to Congress a certification for the purposes
of such subsection in the case of each container determined to be
safe.
``(2) Testing.--In order to make a determination with respect to
a container under paragraph (1), the Nuclear Regulatory Commission
shall--
``(A) require an actual drop test from maximum cruising
altitude of a full-scale sample of such container loaded with
test materials; and
``(B) require an actual crash test of a cargo aircraft fully
loaded with full-scale samples of such container loaded with
test material unless the Commission determines, after
consultation with an independent scientific review panel, that
the stresses on the container produced by other tests used in
developing the container exceed the stresses which would occur
during a worst case plutonium air shipment accident.
``(3) Limitation.--The Nuclear Regulatory Commission may not
certify under this section that a container is safe for use in the
transportation of plutonium by aircraft if the container ruptured or
released its contents during testing conducted in accordance with
paragraph (2).
``(4) Evaluation.--The Nuclear Regulatory Commission shall
evaluate the container certification required by title II of the
Energy Reorganization Act of 1974 (42 U.S.C. 5841 et seq.) and
subsection (a) in accordance with the National Environmental Policy
Act of 1969 (83 Stat. 852; 42 U.S.C. 4321 et seq.) and all other
applicable law.
``(c) Content of Certification.--A certification referred to in
subsection (a) with respect to a container shall include--
``(1) the determination of the Nuclear Regulatory Commission as
to the safety of such container;
``(2) a statement that the requirements of subsection (b)(2)
were satisfied in the testing of such container; and
``(3) a statement that the container did not rupture or release
its contents into the environment during testing.
``(d) Design of Testing Procedures.--The tests required by
subsection (b) shall be designed by the Nuclear Regulatory Commission to
replicate actual worst case transportation conditions to the maximum
extent practicable. In designing such tests, the Commission shall
provide for public notice of the proposed test procedures, provide a
reasonable opportunity for public comment on such procedures, and
consider such comments, if any.
``(e) Testing Results: Reports and Public Disclosure.--The Nuclear
Regulatory Commission shall transmit to Congress a report on the results
of each test conducted under this section and shall make such results
available to the public.
``(f) Alternative Routes and Means of Transportation.--With respect
to any shipments of plutonium from a foreign nation to a foreign nation
which are subject to United States consent rights contained in an
Agreement for Peaceful Nuclear Cooperation, the President is authorized
to make every effort to pursue and conclude arrangements for alternative
routes and means of transportation, including sea shipment. All such
arrangements shall be subject to stringent physical security conditions,
and other conditions designed to protect the public health and safety,
and provisions of this section, and all other applicable laws.
``(g) Inapplicability to Medical Devices.--Subsections (a) through
(e) shall not apply with respect to plutonium in any form contained in a
medical device designed for individual human application.
``(h) Inapplicability to Military Uses.--Subsections (a) through (e)
shall not apply to plutonium in the form of nuclear weapons nor to other
shipments of plutonium determined by the Department of Energy to be
directly connected with the United States national security or defense
programs.
``(i) Inapplicability to Previously Certified Containers.--This
section shall not apply to any containers for the shipment of plutonium
previously certified as safe by the Nuclear Regulatory Commission under
Public Law 94-79 (89 Stat. 413; 42 U.S.C. 5841 note).
``(j) Payment of Costs.--All costs incurred by the Nuclear
Regulatory Commission associated with the testing program required by
this section, and administrative costs related thereto, shall be
reimbursed to the Nuclear Regulatory Commission by any foreign country
receiving plutonium shipped through United States airspace in containers
specified by the Commission.''
Resident Inspector Program; Implementation and Acceleration of
Assignment of Personnel; Study of Existing and Alternate Programs for
Improving Quality Assurance and Control; Pilot Programs To Review and
Evaluate Alternative Programs; Scope of Pilot Program; Report to
Congress; Contents
Pub. L. 97-415, Sec. 13, Jan. 4, 1983, 96 Stat. 2074, provided that:
``(a) The Nuclear Regulatory Commission is authorized and directed
to implement and accelerate the resident inspector program so as to
assure the assignment of at least one resident inspector by the end of
fiscal year 1982 at each site at which a commercial nuclear powerplant
is under construction and construction is more than 15 percent complete.
At each such site at which construction is not more than 15 percent
complete, the Commission shall provide that such inspection personnel as
the Commission deems appropriate shall be physically present at the site
at such times following issuance of the construction permit as may be
necessary in the judgment of the Commission.
``(b) The Commission shall conduct a study of existing and
alternative programs for improving quality assurance and quality control
in the construction of commercial nuclear powerplants. In conducting the
study, the Commission shall obtain the comments of the public, licensees
of nuclear powerplants, the Advisory Committee on Reactor Safeguards,
and organizations comprised of professionals having expertise in
appropriate fields. The study shall include an analysis of the
following:
``(1) providing a basis for quality assurance and quality
control, inspection, and enforcement actions through the adoption of
an approach which is more prescriptive than that currently in
practice for defining principal architectural and engineering
criteria for the construction of commercial nuclear powerplants;
``(2) conditioning the issuance of construction permits for
commercial nuclear powerplants on a demonstration by the licensee
that the licensee is capable of independently managing the effective
performance of all quality assurance and quality control
responsibilities for the powerplant;
``(3) evaluations, inspections, or audits of commercial nuclear
powerplant construction by organizations comprised of professionals
having expertise in appropriate fields which evaluations,
inspections, or audits are more effective than those under current
practice;
``(4) improvement of the Commission's organization, methods, and
programs for quality assurance development, review, and inspection;
and
``(5) conditioning the issuance of construction permits for
commercial nuclear powerplants on the permittee entering into
contracts or other arrangements with an independent inspector to
audit the quality assurance program to verify quality assurance
performance.
For purposes of paragraph (5), the term `independent inspector' means a
person or other entity having no responsibility for the design or
construction of the plant involved. The study shall also include an
analysis of quality assurance and quality control programs at
representative sites at which such programs are operating satisfactorily
and an assessment of the reasons therefor.
``(c) For purposes of--
``(1) determining the best means of assuring that commercial
nuclear powerplants are constructed in accordance with the
applicable safety requirements in effect pursuant to the Atomic
Energy Act of 1954 [42 U.S.C. 2011 et seq.]; and
``(2) assessing the feasibility and benefits of the various
means listed in subsection (b);
the Commission shall undertake a pilot program to review and evaluate
programs that include one or more of the alternative concepts identified
in subsection (b) for the purposes of assessing the feasibility and
benefits of their implementation. The pilot program shall include
programs that use independent inspectors for auditing quality assurance
responsibilities of the licensee for the construction of commercial
nuclear powerplants, as described in paragraph (5) of subsection (b).
The pilot program shall include at least three sites at which commercial
nuclear powerplants are under construction. The Commission shall select
at least one site at which quality assurance and quality control
programs have operated satisfactorily, and at least two sites with
remedial programs underway at which major construction, quality
assurance, or quality control deficiencies (or any combination thereof)
have been identified in the past. The Commission may require any changes
in existing quality assurance and quality control organizations and
relationships that may be necessary at the selected sites to implement
the pilot program.
``(d) Not later than fifteen months after the date of the enactment
of this Act [Jan. 4, 1983], the Commission shall complete the study
required under subsection (b) and submit to the United States Senate and
House of Representatives a report setting forth the results of the
study. The report shall include a brief summary of the information
received from the public and from other persons referred to in
subsection (b) and a statement of the Commission's response to the
significant comments received. The report shall also set forth an
analysis of the results of the pilot program required under subsection
(c). The report shall be accompanied by the recommendations of the
Commission, including any legislative recommendations, and a description
of any administrative actions that the Commission has undertaken or
intends to undertake, for improving quality assurance and quality
control programs that are applicable during the construction of nuclear
powerplants.''
Transportation of Nuclear Waste With Potential for Significant Public
Health and Safety Hazards; Regulations for Notice to Governor
Pub. L. 96-295, title III, Sec. 301, June 30, 1980, 94 Stat. 789,
directed Nuclear Regulatory Commission, within 90 days of June 30, 1980,
to promulgate regulations providing for timely notification to the
Governor of any State prior to the transport of nuclear waste, including
spent nuclear fuel, to, through, or across the boundaries of such State,
and provided that such notification requirement would not apply to
nuclear waste in such quantities and of such types as the Commission
specifically determined did not pose a potentially significant hazard to
the health and safety of the public.
Review of Selection and Training of Members of Atomic Safety and
Licensing Boards; Report to Congress
Pub. L. 95-601, Sec. 7, Nov. 6, 1978, 92 Stat. 2950, directed
Commission to undertake a comprehensive review of the existing process
for selection and training of members of the Atomic Safety and Licensing
Boards, report to Congress on findings of such review by Jan. 1, 1979,
and revise such selection and training process as appropriate, based on
such findings.
Plutonium Shipments Restrictions
Section 201 of Pub. L. 94-79 provided in part that: ``The Nuclear
Regulatory Commission shall not license any shipments by air transport
of plutonium in any form, whether exports, imports or domestic
shipments: Provided, however, That any plutonium in any form contained
in a medical device designed for individual human application is not
subject to this restriction. This restriction shall be in force until
the Nuclear Regulatory Commission has certified to the Joint Committee
on Atomic Energy of the Congress that a safe container has been
developed and tested which will not rupture under crash and blast-
testing equivalent to the crash and explosion of a high-flying
aircraft.''
REORGANIZATION PLAN NO. 1 OF 1980
45 F.R. 40561, 94 Stat. 3585
Prepared by the President and submitted to the Senate and the House of
Representatives in Congress assembled March 27, 1980,\1\ pursuant to
the provisions of Chapter 9 of Title 5 of the United States Code.
---------------------------------------------------------------------------
\1\ As amended May 5, 1980.
---------------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
Section 1. (a) Those functions of the Nuclear Regulatory Commission,
hereinafter 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 Commission;
(3) orders and adjudications, as defined in section 551 (6) and
(7) of Title 5 of the United States Code;
shall remain vested in the Commission. The Commission may determine by
majority vote, in an area of doubt, whether any matter, action, question
or area of inquiry pertains to one of these 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 Nuclear
Regulatory Commission, hereinafter referred to as the ``Chairman'', and
to the staff through the Chairman.
(b)(1) With respect to the following officers or successor officers
duly established by statute or by the Commission, the Chairman shall
initiate the appointment, subject to the approval of the Commission; and
the Chairman or a member of the Commission may initiate an action for
removal, subject to the approval of the Commission:
(i) Executive Director for Operations,
(ii) General Counsel,
(iii) Secretary of the Commission,
(iv) Director of the Office of Policy Evaluation,
(v) Director of the Office of Inspector and Auditor,
(vi) Chairman, Vice Chairman, Executive Secretary, and Members
of the Atomic Safety and Licensing Board Panel,
(vii) Chairman, Vice Chairman and Members of the Atomic Safety
and Licensing Appeal Panel.
(2) 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 initiate
the appointment, subject to the approval of the Commission, and the
Chairman, or a member of the Commission may initiate an action for
removal, subject to the approval of the Commission:
(i) Director of Nuclear Reactor Regulation,
(ii) Director of Nuclear Material Safety and Safeguards,
(iii) Director of Nuclear Regulatory Research,
(iv) Director of Inspection and Enforcement,
(v) Director of Standards Development.
(3) The Chairman or a member of the Commission shall initiate the
appointment of the Members of the Advisory Committee on Reactor
Safeguards, subject to the approval of the Commission. 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 Reorganization Plan.
(4) 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: General Counsel,
Secretary of the Commission, Office of Policy Evaluation, Office of
Inspector and Auditor. The Commission shall delegate the functions of
appointing, removing and supervising the staff of the following panels
and committee to the respective Chairmen thereof: Atomic Safety and
Licensing Board Panel, Atomic Safety and Licensing Appeal Panel and
Advisory Committee on Reactor Safeguards.
(c) Each member of the Commission shall continue to appoint, remove
and supervise the personnel employed in his or her immediate office.
(d) The Commission shall act as provided by subsection 201(a)(1) of
the Energy Reorganization Act of 1974, as amended (42 U.S.C. 5841(a)(1))
in the performance of its functions as described in subsections (a) and
(b) of this section.
Sec. 2. (a) All other functions of the Commission, not specified by
Section 1 of this Reorganization Plan, are hereby transferred to the
Chairman. The Chairman shall be the official spokesman for the
Commission, and shall appoint, supervise, and remove, without further
action by the Commission, the Directors and staff of the Office of
Public Affairs and the Office of Congressional Relations. The Chairman
may consult with the Commission as he deems appropriate in exercising
this appointment function.
(b) The Chairman shall also be the principal executive officer of
the Commission, and shall be responsible to the Commission for
developing policy planning and guidance for consideration by the
Commission; 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 referred to in sections (1)(b)(4), (1)(c)
and (2)(a) of this Reorganization Plan) 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 distribution of appropriated funds according to
major programs and purposes approved by the Commission; shall present to
the Commission for its consideration the proposals and estimates set
forth in subsection (3) of this paragraph; and shall be responsible for
the following functions, which he shall delegate, subject to his
direction and supervision, to the Executive Director for Operations
unless otherwise provided by this Reorganization Plan:
(1) administrative functions of the Commission;
(2) distribution of business among such personnel and among
administrative units and offices of the Commission;
(3) preparation of
(i) proposals for the reorganization of the major offices
within the Commission;
(ii) the budget estimate for the Commission; and
(iii) the proposed distribution of appropriated funds
according to major programs and purposes.
(4) appointing and removing without any further action by the
Commission, all officers and employees under the Commission other
than those whose appointment and removal are specifically provided
for by subsections 1 (b), (c) and 2(a) of this Reorganization Plan.
(c) 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 decisions, findings, and
determinations, including those for reorganization proposals, budget
revisions and distribution of appropriated funds, as the Commission may
by law, including this Plan, be authorized to make. The Chairman and the
Executive Director for Operations, through the Chairman, shall be
responsible for insuring that the Commission is fully and currently
informed about matters within its functions.
Sec. 3. (a) Notwithstanding sections 1 and 2 of this Reorganization
Plan, there are hereby transferred to the Chairman all the functions
vested in the Commission pertaining to an emergency concerning a
particular facility or materials licensed or regulated by the
Commission, including the functions of declaring, responding, issuing
orders, determining specific policies, advising the civil authorities
and the public, directing, and coordinating actions relative to such
emergency incident.
(b) 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) In acting under this section, the Chairman, or other member of
the Commission delegated authority under subsection (b), shall conform
to the policy guidelines of the Commission. To the maximum extent
possible under the emergency conditions, the Chairman or other member of
the Commission delegated authority under subsection (b), shall inform
the Commission of actions taken relative to the emergency.
(d) Following the conclusion of the emergency, the Chairman, or the
member of the Commission delegated the emergency functions under
subsection (b), shall render a complete and timely report to the
Commission on the actions taken during the emergency.
Sec. 4. (a) The Chairman may make such delegations and provide for
such reporting as the Chairman deems necessary, subject to provisions of
law and this Reorganization Plan. 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 public health and safety or common defense and
security is not being properly addressed.
(b) The Executive Director for Operations shall report for all
matters to the Chairman.
(c) The function of the Directors of Nuclear Reactor Regulations,
Nuclear Material Safety and Safeguards, and Nuclear Regulatory Research
of reporting directly to the Commission is hereby transferred so that
such officers report to the Executive Director for Operations. The
function of receiving such reports is hereby transferred from the
Commission to the Executive Director for Operations.
(d) The heads of the Commission level offices or successor offices,
of General Counsel, Secretary to the Commission, Office of Policy
Evaluation, Office of Inspector and Auditor, the Atomic Safety and
Licensing Board Panel and Appeal Panel, and Advisory Committee on
Reactor Safeguards shall continue to report directly to the Commission
and the Commission shall continue to receive such reports.
Sec. 5. The provisions of this Reorganization Plan shall take effect
October 1, 1980, or at such earlier time or times as the President shall
specify, but no sooner than the earliest time allowable under Section
906 of Title 5 of the United States Code.
Message of the President
To the Congress of the United States:
I am submitting herewith to the Congress Reorganization Plan No. 1
of 1980, under authority vested in me by the Reorganization Act of 1977
(Chapter 9 of Title 5 of the United States Code). The Plan is designed
to strengthen management of the Nuclear Regulatory Commission in order
to foster safety in all of the agency's activities.
The need for more effective management of the Nuclear Regulatory
Commission has been amply demonstrated over the past year. The accident
at Three Mile Island one year ago revealed serious shortcomings in the
agency's ability to respond effectively during a crisis. The lessons
learned from that accident go beyond crisis management, however. They
provide the impetus for improving the effectiveness of all aspects of
the government regulation of nuclear energy.
In my statement of December 7, 1979, I responded to the
recommendations of my Commission on the Accident at Three Mile Island
and set forth steps now being taken to address those recommendations. I
stated that I would send to Congress a Reorganization Plan to strengthen
the Nuclear Regulatory Commission's ability to regulate nuclear safety.
I am submitting that Plan today.
The Plan clarifies the duties of the Chairman as principal executive
officer. In addition to directing the day-to-day operations of the
agency, the Chairman would take charge of the Commission's response to
nuclear emergencies and, as principal executive officer, would be guided
by Commission policy and subject to Commission oversight.
management problems
Intensive investigations undertaken since the Three Mile Island
accident have revealed management problems at the Nuclear Regulatory
Commission. These problems must be rectified if the Commission is to be
a strong and effective safety regulator.
--My Commission, called the Kemeny Commission after its Chairman,
Dr. John Kemeny, concluded that the underlying problem at Three
Mile Island stemmed not from deficient equipment but rather from
compounded human failures. This included the inability of the
Nuclear Regulatory Commission to pursue its safety mission
effectively in view of its existing management policies and
practices. The Kemeny Commission reported a lack of ``closure''
in the system to ensure that safety issues are raised, analyzed
and resolved. Kemeny Commission members also concluded that the
Nuclear Regulatory Commission relies too heavily on licensing,
and pays insufficient attention to ensuring the safety of plants
once they are in operation.
--During the course of its investigation, the Kemeny Commission
found serious managerial problems at the top of the Nuclear
Regulatory Commission. It noted that the Commissioners and the
Chairman are unclear as to their respective roles. Uncertain,
diffuse leadership of this kind leads to highly
compartmentalized offices that operate with little or no
effective guidance and little coordination.
--A recently completed independent study authorized and funded by
the Nuclear Regulatory Commission itself also found serious
fault with the Commission's management and called for a major
organizational overhaul. The report states that there is no
authoritative manager but, instead, five equally responsible
Commissioners who deal individually with office directors who,
in turn, head their own ``independent fiefdoms.''
--Likewise, a recent report of the General Accounting Office notes
the failure of the Nuclear Regulatory Commission to define
either the authority of the Chairman or that of the Executive
Director for Operations. The staff lacks policy guidance and top
management leadership to set priorities and resolve safety
issues. There are unreasonable delays in developing policies to
guide the licensing and enforcement activities of the agency.
The central theme in all three of these studies is the failure of
the Nuclear Regulatory Commission to provide unified leadership and
consistent direction of the agency's activities. The present statutes
contain conflicting and ambiguous provisions for managing the agency.
Important corrective actions cannot or will not be taken by the
Commission until the laws are changed. Failure to do so constitutes a
continuing nuclear safety hazard.
The present Reorganization Plan would improve the effectiveness of
the Nuclear Regulatory Commission by giving the Chairman the powers he
needs to ensure efficient and coherent management in a manner that
preserves, in fact enhances, the commission form of organization.
commission
Under the proposed Plan, the Commission would continue to be
responsible for policy formulation, rulemaking and adjudication as
functions which should have collegial deliberation. In addition, the
Commission would review and approve proposals by the Chairman concerning
key management actions such as personnel decisions affecting top
positions which directly support Commission functions, the annual
budget, and major staff reorganizations. In carrying out its role, the
Commission would have the direct assistance of several Commission-level
offices as well as the licensing board, the appeal panel, and the
Advisory Committee on Reactor Safeguards. The Plan would not alter the
present arrangement whereby the Commission, acting on majority vote,
represents the ultimate authority of the Nuclear Regulatory Commission
and sets the framework within which the Chairman is to operate.
chairman
Under the Plan, the Chairman would act as the principal executive
officer and spokesman for the Commission. To accomplish this, those
functions of the Nuclear Regulatory Commission not retained by the
Commission would be vested in the Chairman, who is currently coequal
with the Commissioners in all decisions and actions. The Chairman would
be authorized to make appointments, on his own authority, to all
positions not specified for Commission approval and would be responsible
to the Commission for assuring staff support by the operating offices in
meeting the needs of the Commission. The Executive Director for
Operations would report directly to and receive his authority from the
Chairman. Heads of operating offices would also report to the Chairman
or, by delegation, to the Executive Director for Operations. Office
heads would also be authorized to communicate directly with members of
the Commission whenever an office head believed critical safety issues
were not being addressed.
emergency management
The Nuclear Regulatory Commission's ability to respond decisively
and responsibly to any nuclear emergency must be fully ensured in
advance. Experience has shown that the Commission as a whole cannot deal
expeditiously with emergencies or communicate in a clear, unified voice
to civil authorities or to the public. But present law prevents the
Commission from delegating its emergency authority to one of its
members. The Plan would correct this situation by specifically
authorizing the Chairman to act for the Commission in an emergency. In
order to ensure flexibility, the Chairman would be permitted to delegate
his authority to deal with a particular emergency to any other
Commissioner. Plans for dealing with various contingencies would be
approved by the Commission in advance. The Commission would also receive
a report from the Chairman or his designee describing the management of
the emergency once it was over.
actions not included in this plan
Not included in this Plan are two actions that I support in
principle but that need not or cannot be accomplished by means of a
Reorganization Plan. First the Commission, as part of its implementation
of this reorganization, can and should establish an internal entity to
help oversee the performance of the agency as it operates under the
Chairman's direction. This action does not require a Reorganization
Plan. Second, I have consistently favored funding assistance to
intervenors in regulatory proceedings. This is particularly important in
the case of nuclear safety regulation. I therefore encourage the
Commission to include consideration of intervenor funding as part of its
review and upgrading of the licensing process, as called for by the
Kemeny Commission. I have also requested Congress to appropriate funds
for this purpose. This activity cannot be authorized by a Reorganization
Plan.
no added costs
This proposed realignment and clarification of responsibilities
would not result in an increase or decrease of expenditures. But placing
management responsibilities in the Chairman would result in greater
attention to developing and implementing nuclear safety policies and to
strict enforcement of the terms of licenses granted by the Commission.
Each of the provisions of this proposed reorganization would also
accomplish one or more of the purposes set forth in 5 U.S.C. 901(a). No
statutory functions would be abolished by the Plan; rather they would be
consolidated or reassigned in order to improve management, delivery of
services, execution of the law, and overall operational efficiency and
effectiveness of the Commission.
By Executive Order No. 12202, dated March 18, 1980 [42 U.S.C. 5848
note], I established a Nuclear Safety Oversight Committee to advise me
of progress being made by the Nuclear Regulatory Commission, the nuclear
industry, and others in improving nuclear safety. I am confident that
the present Reorganization Plan, together with the other steps that have
been or are being taken by this Administration and by others, will
greatly advance the goal of nuclear safety. It would permit the
Commission and the American people to hold one individual--the
Chairman--accountable for implementation of the Commission's policies
through effective management of the Commission staff. Freed of
management and administrative details, the Commission could then
concentrate on the purpose for which that collegial body was created--to
deliberate on the formulation of policy and rules to govern nuclear
safety and to decide or oversee disposition of individual cases.
Jimmy Carter.
The White House, March 27, 1980.
Message of the President
To the Congress of the United States:
I herewith transmit the following amendments to Reorganization Plan
No. 1 of 1980, which I sent to the Congress on March 27, 1980.
The amendments to Reorganization Plan No. 1 are consistent with my
original intent of strengthening the management of the Nuclear
Regulatory Commission in order to improve safety in all of the agency's
activities, while preserving the advantages of the Commission form. The
amendments reinforce the purpose of the Plan in two respects. First, the
amended Plan gives the Commission a greater role in selection of key
program officers of the agency by adding four positions to the list of
appointments initiated by the Chairman for the Commission's advice and
consent. These are the Executive Director for Operations, the Director
of Inspection and Enforcement, the Director of Nuclear Regulatory
Research, and the Director of Standards Development. Each of these
positions contributes to nuclear safety regulation, and each performs
functions that help determine the policy and performance of the agency.
The Advisory Committee on Reactor Safeguards advises the Commission
as a whole. Since its members serve renewable 4-year terms, another
amendment provides that a Commission member, as well as the Chairman,
can initiate an appointment to the Advisory Committee on Reactor
Safeguards for approval by the Commission.
As a means to ensure that the flow of information to the Commission
will not be restricted, the Plan has been amended to make explicit that
the Chairman, and the Executive Director of Operations through the
Chairman, shall keep the Commission fully and currently informed.
The second general purpose of the amendments is to provide for more
effective management of the agency by making more explicit the
responsibilities of the Chairman and the Executive Director for
Operations acting under his direction. As amended, the Plan charges the
Chairman with planning for the development of policy for consideration
and approval by the Commission. In the past, this responsibility has not
been clearly fixed and has consequently been neglected. The amended Plan
continues to make clear that the Executive Director for Operations
reports to the Chairman. An amendment, however, requires the Chairman to
delegate to the Executive Director for Operations the authority to
appoint the staff and the day-to-day administration of the agency. Under
this arrangement, the Chairman retains responsibility for the delegated
functions but will be better able to handle his other leadership tasks.
In summary, the amendments I am transmitting to Reorganization Plan
No. 1 of 1980, based on review and hearings conducted by the Congress
and on continued consultations, will help establish a more accountable
central management structure for the Nuclear Regulatory Commission as it
pursues its statutory objective of ensuring safety in the use of nuclear
power.
Jimmy Carter.
The White House, May 5, 1980.
Executive Order No. 11902
Ex. Ord. No. 11902, Feb. 2, 1976, 41 F.R. 4877, as amended by Ex.
Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, which set out procedures for
the export licensing policy as to nuclear materials and equipment, was
revoked by Ex. Ord. No. 12058, May 11, 1978, 43 F.R. 20947, set out as a
note under section 3201 of Title 22, Foreign Relations and Intercourse.
Section Referred to in Other Sections
This section is referred to in section 5845 of this title.