Sec. 10013. Emergency authority
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/bill/113/hr/4304/ih/section-10013·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding sections 10001 and 10002, the Chairman is authorized to exercise emergency authority described in paragraph (4), subject to the following limitations: The Chairman may not exercise emergency authority unless and until the Chairman declares a specific emergency exists and, not later than 24 hours after such declaration, notifies— the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate, in writing; and the public.
The Chairman may only exercise emergency authority in response to— an imminent safety threat pertaining to a facility or materials licensed or regulated by the Commission; or 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 of an imminent security threat to a facility or materials licensed or regulated by the Commission.
Where authority is exercised pursuant to this section, public notification may be delayed provided that the Chairman determines that prior public disclosure would constitute a risk to public health and safety and so notifies the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. The Chairman may only exercise emergency authority for the duration of the emergency or 30 days, whichever is less.
The Commission may approve extensions of that time. Each extension is limited to 30 days and requires notification of the public, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. The Chairman’s emergency authority includes the functions of responding to, issuing orders respecting, advising United States civil authorities and the United States public about, and directing and coordinating actions relative to such emergency incident.
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. To the extent practicable, the Chairman shall consult with the full Commission on any regulatory or policy actions to be taken under an emergency. Such consultations shall be exempt from the requirements of section 552b of title 5, United States Code (commonly referred to as the Government in the Sunshine Act ).
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. Upon termination of the emergency, the Chairman shall immediately notify the Commission, the public, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate. Within 30 days following the conclusion of the emergency, the Chairman, or the member of the Commission or member of the staff delegated the emergency functions under subsection (b), shall render a complete report of all actions taken during the emergency, specifically delineating actions taken utilizing the authority provided in this section, to the Commission, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Environment and Public Works of the Senate.
Not later than 90 days after the date of enactment of this Act, the 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 access to records and information relating to actions taken during the emergency; complete access to Commission staff involved in the management of the emergency; complete access to the location or locations where decisions are made during the emergency; and participation in decisions that may affect Commission actions and policies beyond the response to a particular emergency to the extent practicable.