118 HR 4530 IH: NRC Office of Public Engagement and Participation Act of 2023
U.S. House of Representatives
2023-07-11
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EN
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I
118th CONGRESS
1st Session
H. R. 4530
IN THE HOUSE OF REPRESENTATIVES
July 11, 2023
Mr. Levin introduced the following bill; which was referred to the Committee on Energy and Commerce
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 2023”.
2.

Office of Public Engagement and Participation
(a)

Establishment
There is established in the Commission an office to be known as the Office of Public Engagement and Participation.
(b)

Director
(1)

In general
The Office shall be administered by a Director.
(2)

Appointment
Subject to the approval of the Commission, the Chairman shall appoint the Director.
(3)

Term
Subject to paragraph (7), the Director shall serve for—
(A)
a term of five years; and
(B)
no more than two 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 as necessary to carry out the functions of the Office.
(5)

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.
(6)

Removal
(A)

In general
Subject to the approval of the Commission to initiate an action, the Chairman or a member of the Commission may initiate an action for removal of the Director.
(B)

Removal limitations
The Commission may remove the Director for inefficiency, neglect of duty, or malfeasance in office but for no other cause.
(7)

Expiration of term
A Director may continue to serve after the expiration of the term of such Director until a successor is appointed.
(c)

Functions of the Office
(1)

In general
The functions of the Office shall be to—
(A)
support public participation in proceedings before the Commission;
(B)
advocate for the public interest within the jurisdiction of the Commission;
(C)
provide educational, legal, and technical guidance and assistance to members of the public with respect to participating in proceedings before the Commission, including guidance on submitting comments, contentions, and hearing requests;
(D)
coordinate assistance available to persons participating or proposing to participate in proceedings before the Commission; and
(E)
coordinate assistance to the public with respect to authorities exercised by the Commission.
(2)

Compensation of fees
Notwithstanding section 502 of the Energy and Water Development Appropriations Act, 1993 (5 U.S.C. 504 note; Public Law 102–377), the Commission may, under rules promulgated by the Commission, provide compensation for reasonable attorney’s fees, expert witness fees, and other costs of participating in any proceeding before the Commission to any person whose participation substantially contributed to the approval, in whole or in part, of a position advocated by such person, if the Commission determines that—
(A)
the proceeding is significant; and
(B)
the participation of such person in such proceeding without receipt of compensation constitutes a significant financial hardship to such person.
(d)

Independent Office
The Chairman shall take appropriate actions to ensure the independence of the Office within the Commission, including independence from other officers and employees of the Commission.
(e)

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—
(A)
the number and types of requests for assistance received by the Office during the preceding year; and
(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 in the preceding year.
(f)

No effect on existing public engagement standards
Nothing in this Act shall be interpreted as reducing the standards for the Commission to engage the public in any proceedings or decisions.
(g)

Definitions
In this section:
(1)

Chairman
The term Chairman means the Chairman of the Commission.
(2)

Commission
The term Commission means the Nuclear Regulatory Commission.
(3)

Office
The term Office means the Office of Public Engagement and Participation established under subsection (a).