[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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