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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5406 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5406

 To establish an Office of Public Engagement and Participation within 
       the Nuclear Regulatory Commission, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 2, 2024

  Mr. Markey introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
 To establish an Office of Public Engagement and Participation within 
       the Nuclear Regulatory Commission, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NRC Office of Public Engagement and 
Participation Act of 2024''.

SEC. 2. OFFICE OF PUBLIC ENGAGEMENT AND PARTICIPATION.

    (a) Definitions.--In this section:
            (1) Chair.--The term ``Chair'' means the Chairman of the 
        Commission.
            (2) Commission.--The term ``Commission'' means the Nuclear 
        Regulatory Commission.
            (3) Director.--The term ``Director'' means the Director of 
        the Office.
            (4) Fund.--The term ``Fund'' means the Intervenor Trust 
        Fund established under subsection (i)(1).
            (5) Office.--The term ``Office'' means the Office of Public 
        Engagement and Participation established under subsection (b).
            (6) Panel.--The term ``Panel'' means the Atomic Safety and 
        Licensing Board Panel.
            (7) Participant.--The term ``participant'' has the meaning 
        given the term in section 2.4 of title 10, Code of Federal 
        Regulations (as in effect on the date of enactment of this 
        Act).
            (8) Proceeding.--The term ``proceeding'' means any 
        proceeding under the jurisdiction of the Panel.
            (9) Significant financial hardship.--The term ``significant 
        financial hardship'', with respect to a participant in a 
        proceeding before the Commission, means that the participant 
        cannot afford, without undue hardship to that participant or 
        the applicable entities represented by that participant, to pay 
        the costs of effective participation in the proceeding, 
        including attorney's fees, expert witness fees, and other 
        reasonable costs of participation.
            (10) Substantial contribution.--The term ``substantial 
        contribution'', with respect to a participant in a proceeding 
        before the Commission, means that, as determined by the Office, 
        in consultation with the Panel, the contributions of that 
        participant are likely to assist the Commission in making an 
        order or decision, based on the contentions made by that 
        participant for the purpose of protecting the health and safety 
        of the public with respect to issues under the jurisdiction of 
        the Commission.
    (b) Establishment.--Under the authorities provided by sections 25 
and 161 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2035, 2201(d)) 
and section 201(a) of the Energy Reorganization Act of 1974 (42 U.S.C. 
5841(a)), the Commission shall establish an office, to be known as the 
``Office of Public Engagement and Participation'', not later than 180 
days after the date of enactment of this Act.
    (c) Director.--
            (1) In general.--The Office shall be administered by a 
        Director.
            (2) Appointment.--The Chair shall initiate the appointment, 
        subject to the approval of the Commission, of the Director from 
        among individuals who have demonstrated ability in public 
        engagement, public administration, or judicial proceedings.
            (3) Term.--Subject to paragraph (7), the Director shall 
        serve for--
                    (A) a term of 5 years; and
                    (B) not more than 2 terms.
            (4) Duties.--The Director--
                    (A) shall be responsible for the discharge of the 
                functions of the Office; and
                    (B) may appoint, and assign the duties of, staff of 
                the Office--
                            (i) as necessary to carry out the functions 
                        of the Office; and
                            (ii) in accordance with all applicable 
                        provisions of title 5, United States Code.
            (5) Supervision.--
                    (A) In general.--The Director--
                            (i) shall report to and be under the 
                        general supervision of the Commission; but
                            (ii) shall not report to, or be subject to 
                        supervision by--
                                    (I) any individual member of the 
                                Commission, including the Chair; or
                                    (II) any individual officer or 
                                employee of the Commission.
                    (B) Limitation.--Neither the Commission nor any 
                member, officer, or employee of the Commission may 
                prevent or prohibit the Director from carrying out any 
                function of the Office described in subsection (d).
            (6) Compensation.--The Director shall be compensated at a 
        rate of pay not greater than the maximum rate of pay prescribed 
        for a senior executive in the Senior Executive Service under 
        section 5382 of title 5, United States Code.
            (7) Expiration of term.--A Director may continue to serve 
        after the expiration of the term of such Director until a 
        successor is appointed.
    (d) Functions of the Office.--The functions of the Office shall 
be--
            (1) to support public participation in proceedings before 
        the Commission;
            (2) to serve as a liaison to those who advocate for the 
        public interest on matters within the jurisdiction of the 
        Commission;
            (3) to provide educational and technical guidance and 
        assistance to members of the public with respect to 
        participating in proceedings before the Commission, including 
        guidance in submitting comments, contentions, and hearing 
        requests;
            (4) to coordinate assistance, including financial 
        assistance, available to participants in proceedings before the 
        Commission, including by--
                    (A) providing widely accessible, plain-language 
                resources and guidance to the public relating to--
                            (i) eligibility to request compensation 
                        with respect to a proceeding before the 
                        Commission;
                            (ii) completing and submitting a request 
                        for compensation, including information on the 
                        documentation necessary to demonstrate--
                                    (I) a substantial contribution to 
                                the proceeding; and
                                    (II) significant financial 
                                hardship; and
                            (iii) deadlines and any other matters 
                        relating to a request for compensation, as 
                        determined under rules promulgated by the 
                        Commission; and
                    (B) publishing in a single location on a website 
                designated by the Office and in a timely manner--
                            (i) a notice of a determination by the 
                        Panel of eligibility or ineligibility to 
                        relevant participants with respect to 
                        compensation for participation in a proceeding 
                        before the Commission; and
                            (ii) notice of a determination by the Panel 
                        on up-front and final compensation, as 
                        appropriate, to eligible participants;
            (5) to increase opportunities for virtual attendance and 
        participation by members of the public in Commission meetings 
        and proceedings;
            (6) to facilitate the implementation of recommendations 
        included in the package of the Commission entitled ``Systematic 
        Review of How Agency Programs, Policies, and Activities Address 
        Environmental Justice'', dated March 29, 2022, and numbered 
        SECY-22-0025 (including enclosures), or subsequent documents, 
        as approved and assigned to the Office by the Commission;
            (7) to coordinate assistance to the public with respect to 
        authorities exercised by the Commission; and
            (8) to conduct other activities to facilitate transparency 
        and opportunity for public engagement with the Commission.
    (e) Independent Office.--The Chair--
            (1) shall take appropriate actions to ensure the 
        independence of the Office within the Commission, including 
        independence from other officers and employees of the 
        Commission; and
            (2) shall not prevent or prohibit the Office from 
        initiating, carrying out, or completing any support for public 
        participation, including guidance or assistance, that the 
        Office determines is necessary and appropriate under this 
        section.
    (f) Compensation.--
            (1) In general.--Notwithstanding section 502 of the Energy 
        and Water Development Appropriations Act, 1993 (5 U.S.C. 504 
        note; Public Law 102-377), and subject to the availability of 
        appropriations to the Fund, the Panel, in consultation with the 
        Office, shall provide compensation for all reasonable 
        attorney's fees, expert witness fees, and other costs of 
        participating in any proceeding before the Commission to a 
        participant, if--
                    (A) the Panel, in consultation with the Office, 
                determines that the participation of that participant 
                in that proceeding without receipt of compensation 
                constitutes a significant financial hardship with 
                respect to that participant; and
                    (B) the Office, in consultation with the Panel, 
                determines that the participation of that participant 
                in that proceeding would likely provide a substantial 
                contribution to the record of the proceeding.
            (2) Guidelines.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Commission shall 
                promulgate a rule pursuant to which the Panel may 
                provide compensation under paragraph (1).
                    (B) Participant eligibility determination.--In 
                establishing guidelines under subparagraph (A), the 
                Panel, in consultation with the Office, shall establish 
                a process pursuant to which a participant has an 
                opportunity to file with the Panel, alongside a 
                petition to intervene, a notice of intent to request 
                compensation, in order to receive, at the same time 
                that a decision on the petition to intervene is issued, 
                a notification of the eligibility of that participant 
                to receive compensation based on the determinations 
                described in subparagraphs (A) and (B) of paragraph 
                (1).
                    (C) Up-front compensation.--Pursuant to the rule 
                promulgated under subparagraph (A), the Panel, in 
                consultation with the Office, shall establish a process 
                to provide compensation, in the form of grants, prior 
                to the conclusion of the applicable proceeding, if--
                            (i) the participant has received approval 
                        to act as a party to the proceeding under the 
                        requirements of section 2.309 of title 10, Code 
                        of Federal Regulations (as in effect on the 
                        date of enactment of this Act); and
                            (ii) the participant submits a summary of 
                        eligible, reasonable costs that the participant 
                        expects to incur as an acting party to the 
                        proceeding.
            (3) Effect of outcome of proceeding.--After the Panel has 
        affirmed the eligibility of a participant to receive, and has 
        provided, compensation under paragraph (1), the compensation 
        claim or grant under this subsection shall not be affected by 
        the outcome of the related proceeding, including any amendment 
        or reversal of a final decision in the related proceeding.
            (4) Appeal of decisions.--
                    (A) In general.--A participant may appeal a 
                decision described in subparagraph (B) to the 
                Commission under the procedures described in section 
                2.1407 of title 10, Code of Federal Regulations (as in 
                effect on the date of enactment of this Act).
                    (B) Decision described.--A decision referred to in 
                subparagraph (A) is any decision made by the Panel 
                relating to financial assistance or compensation under 
                this section with respect to the applicable 
                participant.
    (g) Annual Report.--
            (1) In general.--Not later than one year after the date of 
        enactment of this Act, and annually thereafter, the Director 
        shall submit to Congress a report on the activities of the 
        Office.
            (2) Requirements.--Each report under paragraph (1) shall 
        include, for the year covered by the report--
                    (A) the number and types of requests for assistance 
                received by the Office;
                    (B) an assessment of the most common difficulties 
                encountered by members of the public with participating 
                or proposing to participate in proceedings before the 
                Commission;
                    (C) an accounting of requests for compensation 
                filed with the Panel pursuant to subsection (f), 
                including an accounting of payments made to fulfill 
                approved compensation requests; and
                    (D) a list of activities undertaken by the Office 
                to follow recommendations approved and assigned to the 
                Office by the Commission and outlined in the package of 
                the Commission entitled ``Systematic Review of How 
                Agency Programs, Policies, and Activities Address 
                Environmental Justice'', dated March 29, 2022, and 
                numbered SECY-22-0025 (including enclosures) or 
                subsequent documents.
    (h) No Effect on Existing Public Engagement Standards.--Nothing in 
this Act reduces, or may be interpreted as reducing, the standards for 
the Commission to engage the public in any proceeding or decision.
    (i) Intervenor Trust Fund.--
            (1) In general.--The Commission shall establish a fund, to 
        be known as the ``Intervenor Trust Fund''.
            (2) Administration.--The Fund shall be administered by the 
        Office, in coordination with the Panel.
            (3) Use of Fund.--Notwithstanding section 502 of the Energy 
        and Water Development Appropriations Act, 1993 (5 U.S.C. 504 
        note; Public Law 102-377), amounts in the Fund shall be used by 
        the Panel to satisfy requests for compensation under subsection 
        (f), in accordance with rules promulgated by the Commission 
        under subsections (d)(4)(A)(iii) and (f).
            (4) Authorization of appropriations to Fund.--
        Notwithstanding section 502 of the Energy and Water Development 
        Appropriations Act, 1993 (5 U.S.C. 504 note; Public Law 102-
        377), there are authorized to be appropriated to the Fund such 
        amounts as may be necessary to satisfy requests for 
        compensation under subsection (f), to remain available until 
        expended.
            (5) Transfer of funds.--Notwithstanding section 1532 of 
        title 31, United States Code, the Commission may transfer 
        amounts from an appropriate appropriations account to the Fund, 
        as the Commission determines necessary to meet the budgetary 
        requirements of the Fund.
    (j) Use of Existing Authority.--In carrying out this section, the 
Commission, to the maximum extent practicable, shall utilize the 
existing authority of the Commission under other law, including--
            (1) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.);
            (2) the Energy Reorganization Act of 1974 (42 U.S.C. 5801 
        et seq.); and
            (3) any other applicable law.
                                 <all>
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