H.R. 9077

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

<DOC>

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.
<all>