ExecutiveOrdersEO
MemoMemorandumG.W. Bush · R Quiet signal

Presidential Memorandum

Assignment of Certain Functions Relating to Nuclear Energy Facilities

This memorandum delegates specific presidential functions under Section 127 of the 2002 Public Health Security and Bioterrorism Preparedness and Response Act. The Director of OSTP gains authority to make determinations under subsection 127(f), while the NRC Chairman receives all other Section 127 functions related to nuclear energy facilities. Both must consult each other and the Secretaries of HHS, Energy, and Homeland Security as appropriate.

Federal Register Open PDF 72 FR 37627

Impact dates

  1. Federal Register publication filed

Key directives

  • Assign 127(f) determination function to OSTP Director
  • Assign all other Section 127 functions to NRC Chairman
  • Require consultation between Chairman and Director with HHS, Energy, and DHS Secretaries
  • Publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Functions assigned to OSTP Director and NRC Chairman
  • Consultation requirements activated

Near term (90d)

  • Publication in Federal Register

Long term

  • Ongoing interagency coordination framework for nuclear facility security and preparedness determinations

Risks & tensions

  • Potential coordination friction between OSTP and NRC with overlapping but distinct authorities
  • Vague 'as appropriate' qualifier on consultation may limit interagency engagement
  • No explicit dispute resolution mechanism between OSTP Director and NRC Chairman
Presidential Memorandum: Assignment of Certain Functions Relating to Nuclear Energy Facilities · Executive Orders