[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10080 Introduced in House (IH)]
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119th CONGRESS
2d Session
H. R. 10080
To impose lobbying restrictions on former officers and employees of
State regulatory authorities, and to condition State energy program
financial assistance on State compliance with those restrictions.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 10, 2026
Mr. Vindman introduced the following bill; which was referred to the
Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To impose lobbying restrictions on former officers and employees of
State regulatory authorities, and to condition State energy program
financial assistance on State compliance with those restrictions.
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 Utility Lobbying Ban Act''.
SEC. 2. CONDITION ON GRANTING STATE ENERGY PROGRAM FINANCIAL
ASSISTANCE.
(a) In General.--Notwithstanding part D of the Energy Policy and
Conservation Act (42 U.S.C. 6321 et seq.), beginning with the first
full fiscal year following the date of enactment of this section, the
Secretary shall withhold 10 percent of the amount of State energy
program financial assistance to be granted to a State in a fiscal year
unless the Secretary determines the State--
(1) prohibits any person who is a former officer or
employee of a State regulatory authority from, after the
termination of his or her service or employment with such State
regulatory authority, making an appearance or advocating before
any officer or employee of such State regulatory authority on
behalf of any electric utility with respect to which such State
regulatory authority has ratemaking authority in connection
with a particular matter in which the electric utility is a
party or has a direct and substantial interest and in which the
person participated personally and substantially during his or
her service or employment with the State regulatory authority;
(2) prohibits any person described in paragraph (1) from,
within 2 years after the termination of his or her service or
employment with such State regulatory authority, making an
appearance or advocating before any officer or employee of such
State regulatory authority on behalf of any electric utility
with respect to which such State regulatory authority has
ratemaking authority in connection with a particular matter in
which the electric utility is a party or has a direct and
substantial interest and which such person knows or reasonably
should know was actually pending under his or her official
responsibility within a period of 1 year before such
termination; and
(3) enforces the prohibitions required under paragraphs (1)
and (2), including by investigating complaints, imposing
penalties for noncompliance, and allowing affected parties to
seek recovery of damages arising from violations.
(b) Determination of Compliance.--Not later than 1 year after the
date of enactment of this section, and annually thereafter, the
Secretary shall determine, based on a review of applicable State law,
whether each State has in effect the lobbying restrictions described in
subsection (a).
(c) Restoration.--If the Secretary withholds from a State financial
assistance under subsection (a), the Secretary shall grant to the State
the withheld financial assistance in the following fiscal year if the
State is in compliance for that fiscal year.
(d) Cure Period.--If the Secretary determines a State does not
comply with subsection (a) for a fiscal year, the State shall have 90
days to remedy the noncompliance before the Secretary withholds
financial assistance from the State under subsection (a).
(e) Methods of Compliance.--A State may comply with subsection (a)
through any legally binding mechanism under State law, including
legislation, administrative rulemaking, or binding orders of a State
regulatory authority, provided such mechanism achieves the lobbying
restrictions required under such subsection.
(f) Administration.--
(1) In general.--For purposes of carrying out this section,
the Secretary shall--
(A) establish procedures for conducting the annual
compliance review under subsection (b);
(B) maintain a public database that identifies the
status of each State's compliance with subsection (a);
(C) provide technical assistance to States to
comply with subsection (a);
(D) issue guidance interpreting this section;
(E) establish a process to appeal a determination
by the Secretary that a State does not comply with
subsection (a); and
(F) annually report to Congress on State compliance
rates.
(2) Deadline for initial regulations.--The Secretary shall
promulgate regulations to carry out this section not later than
9 months after the date of enactment of this section.
(g) Definitions.--In this section:
(1) Ratemaking authority.--The term ``ratemaking
authority'' has the meaning given such term in section 3 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
2602).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(3) State.--The term ``State'' has the meaning given such
term in section 3 of the Energy Policy and Conservation Act (42
U.S.C. 6202).
(4) State energy program financial assistance.--The term
``State energy program financial assistance'' means the
financial assistance granted to a State under section 363 of
the Energy Policy and Conservation Act (42 U.S.C. 6323).
(5) State regulatory authority.--The term ``State
regulatory authority'' has the meaning given such term in
section 3 of the Public Utility Regulatory Policies Act of 1978
(16 U.S.C. 2602).
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