
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.
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                  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.
