Fair and Efficient Regulatory Commonsense Act

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

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.

The Director shall be compensated at an equivalent rate of basic pay prescribed for a director in the Office.

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.

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.

Any assistance coordinated under subparagraphs (A) and (B) of paragraph (1) shall be limited to technical and logistical assistance.

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.

In this section:

The term Director means the Director of the Division.

The term Division means the Public Participation Division described under subsection (a).

The term Office means the Office of External Affairs of the Commission.

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.