Sec. 10011. General functions
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/bill/113/hr/4304/ih/section-10011·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Those functions of the Nuclear Regulatory Commission (in this subtitle referred to as the Commission ) concerned with— policy formulation; 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; orders and adjudications, as defined in section 551
(6)and
(7)of title 5 of the United States Code; and approving the distribution of appropriated funds according to programs and purposes proposed by the Executive Director for Operations, shall remain vested in the Commission. A majority of the Commission may determine, in an area of doubt, whether any matter, action, question, or area of inquiry pertains to one of these functions. Any member of the Commission may request such a vote. Any member of the Commission may propose a policy matter for consideration by the Commission. All members of the Commission shall have full, unfettered, timely, and equal access to information pertaining to its 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 Commission (in this subtitle referred to as the Chairman ) and to the staff. 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 by majority vote: Executive Director for Operations. Chief and Deputy Chief Financial Officer. General Counsel. Director of the Office of Commission Appellate Adjudication. Secretary of the Commission. Director of the Office of Public Affairs. Director of the Office of Congressional Affairs. Director of the Office of International Programs. Chief Administrative Judge and members of the Atomic Safety and Licensing Board Panel. Any performance evaluation or rating of the officers listed in subparagraphs
(A)through
(I)shall be determined by a majority vote of the members of the Commission. In the event of a vacancy in a position described in paragraph (1), the Chairman may designate an acting officer for a maximum of 60 days, after which any further extension must be approved by the Commission. If, at the end of 60 days, the Commission has not approved the appointment of an officer proposed by the Chairman, or the Chairman has not proposed one, any Commissioner may initiate the appointment subject to approval of the Commission. 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 by majority vote: Director of the Office of Nuclear Reactor Regulation. Director of the Office of Nuclear Material Safety and Safeguards. Director of the Office of Nuclear Regulatory Research. Director of the Office of Nuclear Security and Incident Response. Director of the Office of New Reactors. Director of the Office of Federal and State Materials and Environmental Management Programs. Director of the Office of Investigations. Director of the Office of Enforcement. 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 subtitle. 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: Executive Director for Operations, General Counsel, Secretary of the Commission, Chief Financial Officer, Office of Commission Appellate Adjudication, Office of Congressional Affairs, Office of Public Affairs, and Office of International Programs. 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 and Advisory Committee on Reactor Safeguards. Each member of the Commission shall appoint, remove, and supervise the personnel employed in his or her immediate office. The Commission shall act as provided by section 201(a)(1) of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5841(a)(1) ) in the performance of its functions as described in subsections
(a)and
(b)of this section.
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Sec. 10011
General functions
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