,,ii #aaith ,,congress #ast ,session ,s4 #bafa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #be 7legislative day1 ,june #bd71 #bjbe,mr4 ,markey introduced the following bill2 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 ,commission1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,nrc ,office of ,public ,engagement and ,participation ,act of #bjbe4 #b4 ,office of public engagement and participation 7a7 ,definitions ,in this section3 7#a7 ,chair ,the term ,chair means the ,chairman of the ,commission4 7#b7 ,commission ,the term ,commission means the ,nuclear ,regulatory ,commission4 7#c7 ,director ,the term ,director means the ,director of the ,office4 7#d7 ,fund ,the term ,fund means the ,intervenor ,trust ,fund established under subsection 7i77#a74 7#e7 ,office ,the term ,office means the ,office of ,public ,engagement and ,participation established under subsection 7b74 7#f7 ,panel ,the term ,panel means the ,atomic ,safety and ,licensing ,board ,panel4 7#g7 ,participant ,the term participant has the meaning given the term in section #b4d of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#h7 ,proceeding ,the term proceeding means any proceeding under the jurisdiction of the ,panel4 7#i7 ,significant financial hardship ,the term significant financial hardship1 with respect to a participant in a proceeding before the ,commission1 means that the participant cannot afford1 without undue hardship to that participant or the applicable entities represented by that participant1 to pay the costs of effective participation in the proceeding1 including attorney's fees1 expert witness fees1 and other reasonable costs of participation4 7#aj7 ,substantial contribution ,the term substantial contribution1 with respect to a participant in a proceeding before the ,commission1 means that1 as determined by the ,office1 in consultation with the ,panel1 the contributions of that participant are likely to assist the ,commission in making an order or decision1 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 ,commission4 7b7 ,establishment ,under the authorities provided by sections #be and #afa d4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjce1 #bbja7;d77 and section #bja7;a7 of the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehda7;a771 the ,commission shall establish an office1 to be known as the ,office of ,public ,engagement and ,participation1 not later than #ahj days after the date of enactment of this ,act4 7c7 ,director 7#a7 ,in general ,the ,office shall be administered by a ,director4 7#b7 ,appointment ,the ,chair shall initiate the appointment1 subject to the approval of the ,commission1 of the ,director from among individuals who have demonstrated ability in public engagement1 public administration1 or judicial proceedings4 7#c7 ,term ,subject to paragraph 7#g71 the ,director shall serve for-- 7,a7 a term of #e years2 and 7,b7 not more than #b terms4 7#d7 ,duties ,the ,director-- 7,a7 shall be responsible for the discharge of the functions of the ,office2 and 7,b7 may appoint1 and assign the duties of1 staff of the ,office-- 7i7 as necessary to carry out the functions of the ,office2 and 7ii7 in accordance with all applicable provisions of title #e1 ,united ,states ,code4 7#e7 ,supervision 7,a7 ,in general ,the ,director-- 7i7 shall report to and be under the general supervision of the ,commission2 but 7ii7 shall not report to1 or be subject to supervision by-- 7,i7 any individual member of the ,commission1 including the ,chair2 or 7,,ii7 any individual officer or employee of the ,commission4 7,b7 ,limitation ,neither the ,commission nor any member1 officer1 or employee of the ,commission may prevent or prohibit the ,director from carrying out any function of the ,office described in subsection 7d74 7#f7 ,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 #echb of title #e1 ,united ,states ,code4 7#g7 ,expiration of term ,a ,director may continue to serve after the expiration of the term of such ,director until a successor is appointed4 7d7 ,functions of the office ,the functions of the ,office shall be-- 7#a7 to support public participation in proceedings before the ,commission2 7#b7 to serve as a liaison to those who advocate for the public interest on matters within the jurisdiction of the ,commission2 7#c7 to provide educational and technical guidance and assistance to members of the public with respect to participating in proceedings before the ,commission1 including guidance in submitting comments1 contentions1 and hearing requests2 7#d7 to coordinate assistance1 including financial assistance1 available to participants in proceedings before the ,commission1 including by-- 7,a7 providing widely accessible1 plain-language resources and guidance to the public relating to-- 7i7 eligibility to request compensation with respect to a proceeding before the ,commission2 7ii7 completing and submitting a request for compensation1 including information on the documentation necessary to demonstrate-- 7,i7 a substantial contribution to the proceeding2 and 7,,ii7 significant financial hardship2 and 7iii7 deadlines and any other matters relating to a request for compensation1 as determined under rules promulgated by the ,commission2 and 7,b7 publishing in a single location on a website designated by the ,office and in a timely manner-- 7i7 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 ,commission2 and 7ii7 notice of a determination by the ,panel on up-front and final compensation1 as appropriate1 to eligible participants2 7#e7 to increase opportunities for virtual attendance and participation by members of the public in ,commission meetings and proceedings2 7#f7 to facilitate the implementation of recommendations included in the package of the ,commission entitled ,systematic ,review of ,how ,agency ,programs1 ,policies1 and ,activities ,address ,environmental ,justice1 dated ,march #bi1 #bjbb1 and numbered ,,secy-#bb-jjbe 7including enclosures71 or subsequent documents1 as approved and assigned to the ,office by the ,commission2 7#g7 to coordinate assistance to the public with respect to authorities exercised by the ,commission2 and 7#h7 to conduct other activities to facilitate transparency and opportunity for public engagement with the ,commission4 7e7 ,independent office ,the ,chair-- 7#a7 shall take appropriate actions to ensure the independence of the ,office within the ,commission1 including independence from other officers and employees of the ,commission2 and 7#b7 shall not prevent or prohibit the ,office from initiating1 carrying out1 or completing any support for public participation1 including guidance or assistance1 that the ,office determines is necessary and appropriate under this section4 7f7 ,compensation 7#a7 ,in general ,notwithstanding section #ejb of the ,energy and ,water ,development ,appropriations ,act1 #aiic 7#e ,u4,s4,c4 #ejd note2 ,public ,law #ajb-cgg71 and subject to the availability of appropriations to the ,fund1 the ,panel1 in consultation with the ,office1 shall provide compensation for all reasonable attorney's fees1 expert witness fees1 and other costs of participating in any proceeding before the ,commission to a participant1 if-- 7,a7 the ,panel1 in consultation with the ,office1 determines that the participation of that participant in that proceeding without receipt of compensation constitutes a significant financial hardship with respect to that participant2 and 7,b7 the ,office1 in consultation with the ,panel1 determines that the participation of that participant in that proceeding would likely provide a substantial contribution to the record of the proceeding4 7#b7 ,guidelines 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall promulgate a rule pursuant to which the ,panel may provide compensation under paragraph 7#a74 7,b7 ,participant eligibility determination ,in establishing guidelines under subparagraph 7,a71 the ,panel1 in consultation with the ,office1 shall establish a process pursuant to which a participant has an opportunity to file with the ,panel1 alongside a petition to intervene1 a notice of intent to request compensation1 in order to receive1 at the same time that a decision on the petition to intervene is issued1 a notification of the eligibility of that participant to receive compensation based on the determinations described in subparagraphs 7,a7 and 7,b7 of paragraph 7#a74 7,c7 ,up-front compensation ,pursuant to the rule promulgated under subparagraph 7,a71 the ,panel1 in consultation with the ,office1 shall establish a process to provide compensation1 in the form of grants1 prior to the conclusion of the applicable proceeding1 if-- 7i7 the participant has received approval to act as a party to the proceeding under the requirements of section #b4cji of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act72 and 7ii7 the participant submits a summary of eligible1 reasonable costs that the participant expects to incur as an acting party to the proceeding4 7#c7 ,effect of outcome of proceeding ,after the ,panel has affirmed the eligibility of a participant to receive1 and has provided1 compensation under paragraph 7#a71 the compensation claim or grant under this subsection shall not be affected by the outcome of the related proceeding1 including any amendment or reversal of a final decision in the related proceeding4 7#d7 ,appeal of decisions 7,a7 ,in general ,a participant may appeal a decision described in subparagraph 7,b7 to the ,commission under the procedures described in section #b4adjg of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7,b7 ,decision described ,a decision referred to in subparagraph 7,a7 is any decision made by the ,panel relating to financial assistance or compensation under this section with respect to the applicable participant4 7g7 ,annual report 7#a7 ,in general ,not later than one year after the date of enactment of this ,act1 and annually thereafter1 the ,director shall submit to ,congress a report on the activities of the ,office4 7#b7 ,requirements ,each report under paragraph 7#a7 shall include1 for the year covered by the report-- 7,a7 the number and types of requests for assistance received by the ,office2 7,b7 an assessment of the most common difficulties encountered by members of the public with participating or proposing to participate in proceedings before the ,commission2 7,c7 an accounting of requests for compensation filed with the ,panel pursuant to subsection 7f71 including an accounting of payments made to fulfill approved compensation requests2 and 7,d7 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 ,programs1 ,policies1 and ,activities ,address ,environmental ,justice1 dated ,march #bi1 #bjbb1 and numbered ,,secy-#bb-jjbe 7including enclosures7 or subsequent documents4 7h7 ,no effect on existing public engagement standards ,nothing in this ,act reduces1 or may be interpreted as reducing1 the standards for the ,commission to engage the public in any proceeding or decision4 7i7 ,intervenor trust fund 7#a7 ,in general ,the ,commission shall establish a fund1 to be known as the ,intervenor ,trust ,fund4 7#b7 ,administration ,the ,fund shall be administered by the ,office1 in coordination with the ,panel4 7#c7 ,use of fund ,notwithstanding section #ejb of the ,energy and ,water ,development ,appropriations ,act1 #aiic 7#e ,u4,s4,c4 #ejd note2 ,public ,law #ajb-cgg71 amounts in the ,fund shall be used by the ,panel to satisfy requests for compensation under subsection 7f71 in accordance with rules promulgated by the ,commission under subsections 7d77#d77;,a77iii7 and 7f74 7#d7 ,authorization of appropriations to fund ,notwithstanding section #ejb of the ,energy and ,water ,development ,appropriations ,act1 #aiic 7#e ,u4,s4,c4 #ejd note2 ,public ,law #ajb-cgg71 there are authorized to be appropriated to the ,fund such amounts as may be necessary to satisfy requests for compensation under subsection 7f71 to remain available until expended4 7#e7 ,transfer of funds ,notwithstanding section #aecb of title #ca1 ,united ,states ,code1 the ,commission may transfer amounts from an appropriate appropriations account to the ,fund1 as the ,commission determines necessary to meet the budgetary requirements of the ,fund4 7j7 ,use of existing authority ,in carrying out this section1 the ,commission1 to the maximum extent practicable1 shall utilize the existing authority of the ,commission under other law1 including-- 7#a7 the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 7#b7 the ,energy ,reorganization ,act of #aigd 7#db ,u4,s4,c4 #ehja et seq472 and 7#c7 any other applicable law4