Fair and Efficient Regulatory Commonsense Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9077 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 9077

  To transfer the duties of the Office of Public Participation of the 
Federal Energy Regulatory Commission to a Public Participation Division 
within the Office of External Affairs of such Commission, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2024

 Mr. Guthrie (for himself, Mr. Pence, Mr. Balderson, Mr. Fulcher, Mr. 
 Burgess, Mr. Pfluger, Mr. Armstrong, and Mr. Bucshon) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  To transfer the duties of the Office of Public Participation of the 
Federal Energy Regulatory Commission to a Public Participation Division 
within the Office of External Affairs of such 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 ``Fair and Efficient Regulatory 
Commonsense Act''.

SEC. 2. PUBLIC PARTICIPATION DIVISION.

    (a) In General.--Section 319 of the Federal Power Act (16 U.S.C. 
825q-1) is amended to read as follows:

``SEC. 319. PUBLIC PARTICIPATION DIVISION.

    ``(a) In General.--There shall be a division within the Office, to 
be known as the Public Participation Division, administered by a 
Director appointed by the Director of the Office.
    ``(b) Rate of Pay.--
            ``(1) Director.--The Director shall be compensated at an 
        equivalent rate of basic pay prescribed for a director in the 
        Office.
            ``(2) Employees.--The Director may appoint, and assign the 
        duties of, employees of such Division, and, with the 
        concurrence of the Office, fix the compensation of such 
        employees and procure temporary and intermittent services to 
        the same extent as is authorized under section 3109 of title 5, 
        United States Code.
    ``(c) Duties of Director.--
            ``(1) In general.--Subject to paragraph (2), the Director 
        shall be responsible for the discharge of the functions and 
        duties of the Division, including--
                    ``(A) coordinating assistance to the public with 
                respect to authorities exercised by the Commission; and
                    ``(B) coordinating assistance available to persons 
                intervening or participating or proposing to intervene 
                or participate in proceedings before the Commission.
            ``(2) Limitation.--Any assistance coordinated under 
        subparagraphs (A) and (B) of paragraph (1) shall be limited to 
        technical and logistical assistance.
    ``(d) No Compensation for Certain Intervenors or Participants.--The 
Commission, including the Director and the Division, may not, under 
rules promulgated by it, provide compensation for attorney's fees, 
expert witness fees, or other costs of intervening or participating in 
any proceeding before the Commission to any person whose intervention 
or participation substantially contributed to the approval, in whole or 
in part, of a position advocated by such person.
    ``(e) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of 
        the Division.
            ``(2) Division.--The term `Division' means the Public 
        Participation Division described under subsection (a).
            ``(3) Office.--The term `Office' means the Office of 
        External Affairs of the Commission.''.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Director of the Public Participation Division, described 
in section 319 of the Federal Power Act (16 U.S.C. 825q-1), as amended 
by subsection (a), shall submit to the Committee on Energy and Commerce 
of the House of Representatives a report on--
            (1) the actions and initiatives taken by the Director, 
        including actions and initiatives taken to increase public 
        participation, pursuant to the authorities provided in such 
        section 319 of the Federal Power Act;
            (2) the results of taking the actions and initiatives 
        described in paragraph (1); and
            (3) how the authorities provided in such section 319 of the 
        Federal Power Act may complement or overlap any existing 
        authorities of the Federal Energy Regulatory Commission outside 
        of the Division with respect to engaging with landowners and 
        interested parties under that Act.
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