Page:United States Statutes at Large Volume 94 Part 3.djvu/941

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PUBLIC LAW 96-000—MMMM. DD, 1980

REORGANIZATION PLAN NO. 1 OF 1980

94 STAT. 3585

REORGANIZATION PLAN NO. 1 OF 1980 Prepared by the President and submitted to the Senate and the House of Representatives in Congress assembled March 27, 1980, ^ pursuant to the provisions of Chapter 9 of Title 5 of the United States Code.

Nuclear Regulatory Commission

L^scffl^l note.

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, ' As amended May 5, 1980.