II 118th CONGRESS 2d Session S. 5406 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.

1. Short title This Act may be cited as the NRC Office of Public Engagement and Participation Act of 2024 . 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 F und 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 F und 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.