118 HR 9077 IH: Fair and Efficient Regulatory Commonsense Act U.S. House of Representatives 2024-07-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I118th CONGRESS2d SessionH. R. 9077IN THE HOUSE OF REPRESENTATIVESJuly 22, 2024Mr. 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 CommerceA BILLTo 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.

1.

Short title

This Act may be cited as the Fair and Efficient Regulatory Commonsense Act.

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:

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.