I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair and Efficient 

5 Regulatory Commonsense Act’’. 


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1 SEC. 2. PUBLIC PARTICIPATION DIVISION. 

2 (a) IN GENERAL.—Section 319 of the Federal Power 

3 Act (16 U.S.C. 825q–1) is amended to read as follows: 

4 ‘‘SEC. 319. PUBLIC PARTICIPATION DIVISION. 

5 ‘‘(a) IN GENERAL.—There shall be a division within 

6 the Office, to be known as the Public Participation Divi7 sion, administered by a Director appointed by the Director 

8 of the Office. 

9 ‘‘(b) RATE OF PAY.— 

10 ‘‘(1) DIRECTOR.—The Director shall be com11 pensated at an equivalent rate of basic pay pre12 scribed for a director in the Office. 

13 ‘‘(2) EMPLOYEES.—The Director may appoint, 

14 and assign the duties of, employees of such Division, 

15 and, with the concurrence of the Office, fix the com16 pensation of such employees and procure temporary 

17 and intermittent services to the same extent as is 

18 authorized under section 3109 of title 5, United 

19 States Code. 

20 ‘‘(c) DUTIES OF DIRECTOR.— 

21 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

22 the Director shall be responsible for the discharge of 

23 the functions and duties of the Division, including— 

24 ‘‘(A) coordinating assistance to the public 

25 with respect to authorities exercised by the 

26 Commission; and 


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•HR 9077 IH

1 ‘‘(B) coordinating assistance available to 

2 persons intervening or participating or pro3 posing to intervene or participate in proceedings 

4 before the Commission. 

5 ‘‘(2) LIMITATION.—Any assistance coordinated 

6 under subparagraphs (A) and (B) of paragraph (1) 

7 shall be limited to technical and logistical assistance. 

8 ‘‘(d) NO COMPENSATION FOR CERTAIN INTERVE9 NORS OR PARTICIPANTS.—The Commission, including the 

10 Director and the Division, may not, under rules promul11 gated by it, provide compensation for attorney’s fees, ex12 pert witness fees, or other costs of intervening or partici13 pating in any proceeding before the Commission to any 

14 person whose intervention or participation substantially 

15 contributed to the approval, in whole or in part, of a posi16 tion advocated by such person. 

17 ‘‘(e) DEFINITIONS.—In this section: 

18 ‘‘(1) DIRECTOR.—The term ‘Director’ means 

19 the Director of the Division. 

20 ‘‘(2) DIVISION.—The term ‘Division’ means the 

21 Public Participation Division described under sub22 section (a). 

23 ‘‘(3) OFFICE.—The term ‘Office’ means the Of24 fice of External Affairs of the Commission.’’. 


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1 (b) REPORT.—Not later than 1 year after the date 

2 of enactment of this Act, the Director of the Public Par3 ticipation Division, described in section 319 of the Federal 

4 Power Act (16 U.S.C. 825q–1), as amended by subsection 

5 (a), shall submit to the Committee on Energy and Com6 merce of the House of Representatives a report on— 

7 (1) the actions and initiatives taken by the Di8 rector, including actions and initiatives taken to in9 crease public participation, pursuant to the authori10 ties provided in such section 319 of the Federal 

11 Power Act; 

12 (2) the results of taking the actions and initia13 tives described in paragraph (1); and 

14 (3) how the authorities provided in such section 

15 319 of the Federal Power Act may complement or 

16 overlap any existing authorities of the Federal En17 ergy Regulatory Commission outside of the Division 

18 with respect to engaging with landowners and inter19 ested parties under that Act. 

Æ 


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