[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2716 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2716

To modify the authority of the Federal Energy Regulatory Commission to 
    conduct investigations, to increase the criminal penalties for 
  violations of the Federal Power Act and the Natural Gas Act, and to 
 authorize the Chairman of the Federal Energy Regulatory Commission to 
                   contract for consultant services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 10, 2002

Mrs. Feinstein introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To modify the authority of the Federal Energy Regulatory Commission to 
    conduct investigations, to increase the criminal penalties for 
  violations of the Federal Power Act and the Natural Gas Act, and to 
 authorize the Chairman of the Federal Energy Regulatory Commission to 
                   contract for consultant services.

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

SECTION 1. INVESTIGATIONS BY THE FEDERAL ENERGY REGULATORY COMMISSION 
              UNDER THE NATURAL GAS ACT AND FEDERAL POWER ACT.

    (a) Investigations Under the Natural Gas Act.--Section 14(c) of the 
Natural Gas Act (15 U.S.C. 717m(c)) is amended--
            (1) by striking ``(c) For the purpose of'' and inserting 
        the following:
    ``(c) Taking of Evidence.--
            ``(1) In general.--For the purpose of'';
            (2) by striking ``Such attendance'' and inserting the 
        following:
            ``(2) No geographic limitation.--The attendance'';
            (3) by striking ``Witnesses summoned'' and inserting the 
        following:
            ``(3) Expenses.--Any witness summoned''; and
            (4) by adding at the end the following:
            ``(4) Exclusive authority.--Notwithstanding any other 
        provision of law, the exercise of the authorities of the 
        Commission under this subsection shall not be subject to the 
        consent of the Office of Management and Budget or any other 
        Federal agency.''.
    (a) Investigations Under the Federal Power Act.--Section 307(b) of 
the Federal Power Act (16 U.S.C. 825f(b)) is amended--
            (1) by striking ``(b) For the purpose of'' and inserting 
        the following:
    ``(b) Taking of Evidence.--
            ``(1) In general.--For the purpose of'';
            (2) by striking ``Such attendance'' and inserting the 
        following:
            ``(2) No geographic limitation.--The attendance'';
            (3) by striking ``Witnesses summoned'' and inserting the 
        following:
            ``(3) Expenses.--Any witness summoned''; and
            (4) by adding at the end the following:
            ``(4) Exclusive authority.--Notwithstanding any other 
        provision of law, the exercise of the authorities of the 
        Commission under this subsection shall not be subject to the 
        consent of the Office of Management and Budget or any other 
        Federal agency.''.

SEC. 2. INCREASE IN CRIMINAL PENALTIES UNDER THE NATURAL GAS ACT AND 
              FEDERAL POWER ACT.

    (a) Criminal Penalties Under the Natural Gas Act.--Section 21 of 
the Natural Gas Act (15 U.S.C. 717t) is amended--
            (1) in subsection (a), by striking ``punished by a fine of 
        not more than $5,000 or by imprisonment for not more than two 
        years, or both'' and inserting ``imprisoned not more than 5 
        years, fined not more than $1,000,000, or both''; and
            (2) in subsection (b), by striking ``$500 for each and 
        every day during which such offense occurs'' and inserting 
        ``$50,000 for each day of each violation''.
    (b) Criminal Penalties Under the Federal Power Act.--
            (1) General Penalties.--Section 316 of the Federal Power 
        Act (16 U.S.C. 825o) is amended--
                    (A) in subsection (a), by striking ``punished by a 
                fine of not more than $5,000 or by imprisonment for not 
                more than two years or both'' and inserting 
                ``imprisoned not more than 5 years, fined not more than 
                $1,000,000, or both''; and
                    (B) in subsection (b), by striking ``$500 for each 
                and every day during which such offense occurs'' and 
                inserting ``$50,000 for each day of each violation''.
            (2) Enforcement of certain provisions.--Section 316A of the 
        Federal Power Act (16 U.S.C. 825o-1) is amended--
                    (A) by striking subsection (a) and inserting the 
                following:
    ``(a) Violations.--It shall be unlawful for any person--
            ``(1) to violate any provision of part II (including any 
        rule or order issued under a provision of that part); or
            ``(2) to fail to comply, within a time period specified by 
        the Commission, with--
                    ``(A) any written request by the Commission or a 
                member of the staff of the Commission for information; 
                or
                    ``(B) a formal investigation or proceeding under 
                this part.''; and
                    (B) in subsection (b)--
                            (i) by striking ``section 211, 212, 213 or 
                        214 or any provision of any rule or order 
                        thereunder'' and inserting the following: 
                        ``part II (including any rule or order issued 
                        under a provision of that part) or fails to 
                        comply in a timely manner with any written 
                        request for information by the Commission or a 
                        member of the staff of the Commission or in a 
                        formal investigation or proceeding under this 
                        part''; and
                            (ii) by striking ``$10,000 for each day 
                        that such violation continues'' and inserting 
                        ``$50,000 for each day of each violation''.

SEC. 3. CONSULTING SERVICES.

    Title IV of the Department of Energy Organization Act (42 U.S.C. 
7171 et seq.) is amended by adding at the end the following:

``SEC. 408. CONSULTING SERVICES.

    ``(a) In General.--The Chairman may contract for the services of 
consultants to assist the Commission in carrying out any 
responsibilities of the Commission under this Act, the Federal Power 
Act (16 U.S.C. 791a et seq.), or the Natural Gas Act (15 U.S.C. 717 et 
seq.).
    ``(b) Applicable Law.--In contracting for consultant services under 
subsection (a), if the Chairman determines that the contract is in the 
public interest, the Chairman, in entering into a contract, shall not 
be subject to--
            ``(1) section 5, 253, 253a, or 253b of title 41, United 
        States Code; or
            ``(2) any law (including a regulation) relating to 
        conflicts of interest.''.
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