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