119-s2161

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2161 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2161

 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

 June 25 (legislative day, June 24), 2025

 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 2025''.

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>