[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1696 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1696

  To establish an Office of Public Advocate within the Department of 
 Justice to provide services and guidance to citizens in dealing with 
 concerns involving the Federal Energy Regulatory Commission, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 3, 2011

 Mr. Gerlach introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To establish an Office of Public Advocate within the Department of 
 Justice to provide services and guidance to citizens in dealing with 
 concerns involving the Federal Energy Regulatory 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 ``Energy Regulatory Public Protection 
Act''.

SEC. 2. FINDINGS.

    The Congress finds that:
            (1) The Federal Energy Regulatory Commission is not 
        adequately informing property owners and local officials on the 
        certificate application approval process.
            (2) The current certificate application approval process at 
        the Commission does not include adequate State and local 
        participation.
            (3) The current certificate application approval process at 
        the Commission does not provide adequate protections for local 
        environmental resources.
            (4) An office of public advocate is necessary to properly 
        represent the interests of property owners and other affected 
        parties during the certificate application approval process, 
        and to properly inform property owners and other parties of 
        their rights during the process, and to provide proper guidance 
        to State and local officials during the process.

SEC. 3. ESTABLISHMENT AND DUTIES.

    (a) Establishment and Duties.--There is hereby established within 
the Department of Justice an office to be known as the ``Office of 
Public Advocate''. The office shall represent the interests of members 
of the general public affected by regulatory matters before the Federal 
Energy Regulatory Commission, other Commission-related matters before 
(1) other Federal regulatory agencies, or (2) any court of competent 
jurisdiction.
    (b) Specific Duties.--The specific duties of the office are as 
follows:
            (1) To receive and assess comments from all interested 
        parties with respect to project applications before the Federal 
        Energy Regulatory Commission. For purposes of this Act, the 
        term ``interested parties'' includes but shall not be limited 
        to, individuals, municipalities, counties, States, or any other 
        for-profit or non-profit entity affected by any proposed 
        project for which an application has been filed with the 
        Commission.
            (2) To submit all such relevant and pertinent comments to 
        the Federal Energy Regulatory Commission, together with its 
        findings and recommendations, regarding the outcome, terms, and 
        conditions of an application for approval.
            (3) To review and assess applicant compliance with orders 
        of the Federal Energy Regulatory Commission and seek full 
        compliance of such orders through the Federal Energy Regulatory 
        Commission, or a court competent jurisdiction, where the 
        applicant fails to comply and such noncompliance is harmful to 
        the health, safety, and welfare of affected parties.
            (4) Within its sole discretion, undertake appeal of any 
        Federal Energy Regulatory Commission order it deems appropriate 
        where the order is harmful to the health, safety, or welfare of 
        affected parties.
            (5) Submit an annual report to the Attorney General, the 
        Federal Energy Regulatory Commission, and Congress regarding 
        its actions and activities in the prior year, together with any 
        recommendations for regulatory or statutory changes to more 
        effectively achieve the goals, purposes, and functions of the 
        office and the Federal Energy Regulatory Commission.
                                 <all>