1.This Act may be cited as the
Nuclear Emergency Re-establishment of
Obligations (NERO) Act
.
2.Emergency
authority of Chairman
(a)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)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)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.
3.Certification of
documents transmitted to CongressA 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.
4.Appointment of
Commission officersAll
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.
5.Time limits for
Commission review of briefs requested
(a)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)Subsection (a) shall not apply to orders
requesting parties to file briefs relating to revocation of a previously issued
license.
6.Allegations of
wrongdoing
(a)Referral to
Inspector GeneralNot 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 GeneralDuring 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.
7.Approval of
Commissioner travelThe
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.
8.Budget review and
developmentNo 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.