[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9700 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 9700
To establish the Ratepayer Justice Fund and a Federal process to
reimburse ratepayers and communities harmed by utility and utility
executive misconduct, including corruption, and to hold accountable
those responsible for such misconduct, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 15, 2026
Ms. Kaptur introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Ways and Means, Transportation and Infrastructure, Small Business,
Financial Services, and Agriculture, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To establish the Ratepayer Justice Fund and a Federal process to
reimburse ratepayers and communities harmed by utility and utility
executive misconduct, including corruption, and to hold accountable
those responsible for such misconduct, and for other purposes.
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 ``Ratepayer Justice and Commercial
Power Accountability Act''.
SEC. 2. PURPOSE.
(a) Findings.--Congress finds that--
(1) the generation, transmission, and sale of electricity
and natural gas occur in interstate commerce and are subject to
Federal regulation;
(2) corruption affecting rate setting, anticompetetive
behavior, regulatory approvals, and related legislation
distorts prices and harms consumers and interstate markets;
(3) a Federal remedy is necessary to restore losses
impacting affected ratepayers and communities;
(4) commercial nuclear power criminality across several
States and regions of the United States requires review and
regulation, adjustment, and fair reimbursement to bilked
ratepayers; and
(5) severe attendant State criminality and negligence,
including with respect to nuclear power production, requires
that audited accounts of utilities and commercial enterprises
be provided by appropriate forensic audit authorities and that
affected ratepayers and regions receive reimbursement for any
rates paid under such criminality.
(b) Remedial Purpose.--This Act is remedial in nature and is
intended to restore ratepayers and affected communities to the position
they would have been in absent unlawful conduct.
SEC. 3. ESTABLISHMENT OF RATEPAYER JUSTICE FUND AND LIST OF MISCONDUCT
EVENTS.
(a) Ratepayer Justice Fund.--
(1) In general.--There is established in the Treasury of
the United States a fund to be known as the Ratepayer Justice
Fund consisting of amounts collected under section 4.
(2) Use.--Amounts in the Ratepayer Justice Fund shall be
made available without further appropriation--
(A) to the Secretary of the Treasury for direct
relief payments to eligible ratepayers in accordance
with section 5;
(B) to the Secretary of Energy for reimbursements
to State consumer advocate offices or comparable public
counsel in accordance with section 6; and
(C) in an amount not to exceed 5 percent of the
total amounts in the Ratepayer Justice Fund, to the
Secretary of Energy for Ratepayer Community Restoration
Grants in accordance with section 7.
(b) List of Misconduct Events.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury, in
consultation with the Attorney General and Secretary of Energy,
shall establish, and publish in the Federal Register, a list of
misconduct events.
(2) Updates.--The Secretary of the Treasury shall regularly
update the list published under subsection (a).
(3) Petition.--A citizen (including a consumer advocate
described in section 6) may petition the Secretary of the
Treasury to include a misconduct event on the list published
under subsection (a).
(4) Determination on petitions.--Not later than 90 days
after the date of receipt of a petition regarding a misconduct
event under paragraph (2), the Secretary of the Treasury shall
determine whether to include the misconduct event on the list
published under subsection (a).
SEC. 4. FUNDING SOURCES.
(a) Assessment and Collection of Certain Amounts.--The Secretary of
the Treasury, in consultation with the Federal Energy Regulatory
Commission, shall, following the issuance of a Final Determination
establishing liability for a misconduct event, promptly and without
delay, assess and collect from each covered utility, C-suite executive,
and lobbyist an amount equal to--
(1) the costs borne by ratepayers for criminal
mismanagement of covered utilities, C-suite executives, and
lobbyists; and
(2) the unjust enrichment attributable to the misconduct
event, minus any amounts disgorged to ratepayers, or civil or
criminal forfeitures or fines paid.
(b) Calculation of Assessment.--In assessing the amount described
in subsection (a), the Secretary of the Treasury, in consultation with
the Federal Energy Regulatory Commission, shall include in such
assessment--
(1) revenues and profits realized by the covered utility
that are attributable to official acts taken by public
officials, statutes enacted, regulations promulgated, rate
schedules approved, or rate orders issued, under misconduct
events;
(2) revenues and profits realized by the C-suite executive
(in the form of incentives, bonuses, equity, or other
compensation) that are attributable to official acts taken by
public officials, statutes enacted, regulations promulgated,
rate schedules approved, or rate orders issued, under
misconduct events;
(3) prejudgment interest determined by a court of competent
jurisdiction;
(4) the amounts assessed to, collected from, and paid by
ratepayers of a covered utility, as reflected in regulatory
records and rate cases, that are in excess of what would
otherwise be assessed to, collected from, and paid by
ratepayers if not for the official acts taken by public
officials, statutes enacted, regulations promulgated, rate
schedules approved, or rate orders issued, under misconduct
events;
(5) any amounts borrowed or taken from any employee welfare
benefit plan, employee benefit pension plan, or pension plan,
as those terms are defined in section 3 of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 1002) or
comparable State law, in connection with or to finance
misconduct events;
(6) civil or criminal forfeitures and fines paid by the
covered utility and C-suite executive; and
(7) any other gains by the covered utility and C-suite
executive attributable to the official acts taken by public
officials, statutes enacted, regulations promulgated, rate
schedules approved, or rate orders issued, under misconduct
events.
SEC. 5. DIRECT RELIEF PAYMENTS FOR ELIGIBLE RATEPAYERS.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Treasury, acting through
the Commissioner of Internal Revenue and in consultation with the
Secretary of Energy, shall establish a system allowing an eligible
ratepayer following the issuance of a Final Determination establishing
liability for a misconduct event to claim a direct relief payment
relating to such misconduct event--
(1) in the form of a refundable credit on the annual
Federal tax return of the eligible ratepayer; or
(2) for an eligible ratepayer who is not required to file
an annual Federal tax return, through a claims and direct
payment process established by the Secretary of the Treasury by
regulation.
(b) Requirements for Submission of Claims.--An eligible ratepayer
claiming a direct relief payment under the system established under
subsection (a) shall attest under penalty of perjury--
(1) to the address of the eligible ratepayer and having
received service from a covered utility during the period in
which such covered utility carried out a misconduct event;
(2) to the name of the covered utility and approximate
dates that the covered utility provided service to the eligible
ratepayer; and
(3) that the eligible ratepayer has not previously received
a direct relief payment that fully compensates for the amount
of financial harm assumed by said ratepayer relating to the
misconduct event from any source.
(c) Verification.--
(1) Requirement.--
(A) In general.--The Secretary of the Treasury, in
consultation with the Secretary of Energy, shall,
promptly and without delay following the filing of a
claim for a direct relief payment in accordance with
subsection (b), verify such claim under the system
established under subsection (a).
(B) Issuance.--The Secretary of the Treasury shall
issue a direct relief payment to any eligible ratepayer
who is not required to file an annual Federal tax
return with respect to which the Secretary verifies the
claim of such eligible ratepayer.
(2) Customer records.--
(A) In general.--At the request of the Secretary of
the Treasury, a covered utility shall provide to the
Secretary the customer records of the covered utility.
(B) Penalties.--The Secretary of the Treasury or
the Attorney General may impose any penalty that the
Secretary or Attorney General, respectively, determines
to be appropriate, on a covered utility that violates
subparagraph (A), provided that the Secretary or
Attorney General provides appropriate, advance notice
to such covered utility and a process for the covered
utility to appeal such penalty before the application
of the penalty.
(3) Methods.--The Secretary of the Treasury may verify
claims under paragraph (1) through the customer records of the
covered utility.
(4) Timely distribution.--The Secretary of the Treasury
shall, except where determined impracticable, begin issuing
direct relief payments not later than 180 days after the
issuance of a Final Determination, and shall provide,
consistent with the reporting requirements in section 11,
periodic public reports describing the status of claims
processing and distribution until all reasonably identifiable
eligible ratepayers have received restitution per misconduct
event.
(d) Calculation of Consumer Injury.--
(1) Quantification.--The Secretary of Energy, in
consultation with the Federal Energy Regulatory Commission, the
relevant State commission, and the relevant State consumer
advocate office or comparable public counsel, where applicable,
shall quantify--
(A) the total consumer injury, including economic
harms faced by any affected community, for each
misconduct event using objective and verifiable
evidence based on overcharges to ratepayers of the
covered utility, unlawfully authorized rates assessed
to ratepayers of the covered utility, or other
measurable impacts to ratepayers or the community
identified in regulatory records; and
(B) any escalation in the costs of maintenance and
repairs to the infrastructure of a covered utility that
is attributable to utility executive mismanagement.
(2) Quantification requirements.--In making the
quantification required under paragraph (1), the Secretary of
Energy shall--
(A) consider and give substantial weight to final
findings of fact, refund determinations, customer class
information, and ratemaking records developed by the
relevant State commission and relevant State consumer
advocate office or comparable public counsel where
applicable; and
(B) estimate, to the maximum extent practicable,
the difference between the rates or charges actually
paid by ratepayers and the rates or charges that would
have been lawfully authorized in the absence of the
covered misconduct.
(3) Allocation of restitution.--The Secretary of Energy
shall--
(A) allocate restitution among eligible ratepayers
using objective and equitable standards that reflect
the extent of consumer injury;
(B) in making allocations, consider--
(i) the customer class of each eligible
ratepayer;
(ii) the duration of service during the
period of covered misconduct;
(iii) the amount of charges paid during the
misconduct period, to the extent such
information is readily available;
(iv) differences in rates among customer
classes;
(v) refunds, credits, or restitution
previously received relating to the same
misconduct event; and
(vi) any other objective factor necessary
to achieve equitable restitution;
(C) ensure, to the maximum extent practicable,
similarly situated ratepayers within the same customer
class receive substantially equivalent proportional
restitution; and
(D) utilize customer billing records, State
commission records, and other reliable regulatory
records to verify allocations and minimize
administrative burden.
(4) Restitution methodology.--Not later than 180 days after
the date of enactment, the Secretary of Energy, in consultation
with the Federal Energy Regulatory Commission, the Secretary of
the Treasury, State commissions, and State consumer advocate
offices or comparable public counsel, shall publish guidance
establishing uniform methodologies for--
(A) calculating consumer injury;
(B) allocating restitution among customer classes;
(C) identifying eligible ratepayers, including
former customers;
(D) accounting for refunds, credits, settlements,
or other prior recoveries; and
(E) ensuring that restitution is administered under
this Act consistently among jurisdictions while
avoiding duplicate recovery.
(5) One payment per misconduct event.--For each misconduct
event, each eligible ratepayer may receive only 1 direct relief
payment under this section.
(6) Interest for direct relief payments.--Direct relief
payments issued to ratepayers pursuant to this section, and the
calculation of assessment under section 4(b), shall include
interest which shall be computed daily from the date of a Final
Determination to date of issuance of payment or collection at a
rate equal to the weekly average 1-year constant maturity
Treasury yield, as published by the Board of Governors of the
Federal Reserve System, for the calendar week preceding the
date of a misconduct event.
(e) Limitations Period.--An eligible ratepayer may only claim a
direct relief payment under this section during the 4-year period
beginning on the date on which the Final Determination relating to such
misconduct event is issued.
(f) Prevention of Double Recovery.--A direct relief payment to an
eligible ratepayer relating to a misconduct event under this section
shall be reduced dollar-for-dollar by any direct refund, credit, or
restitution already received by such eligible ratepayer for the same
misconduct event.
(g) Priority.--
(1) Residential customers.--In issuing direct relief
payments to eligible ratepayers who are not required to file an
annual Federal tax return, the Secretary of the Treasury shall
prioritize the issuance of direct relief payments to such
eligible ratepayers who are residential customers.
(2) Non-residential customers.--In issuing direct relief
payments to eligible ratepayers who are not required to file an
annual Federal tax return, the Secretary of the Treasury shall
issue to such eligible ratepayers who are not residential
customers pro rata restitution payments after the 4-year period
described in subsection (e) has expired and all claims by
eligible ratepayers who are residential customers are
satisfied, or as otherwise provided in regulations promulgated
by the Secretary.
(h) Annual Audits.--The Inspector General of the Department of the
Treasury shall annually carry out audits of claims by eligible
ratepayers for direct relief payments under the system established
under subsection (a).
SEC. 6. CONSUMER ADVOCATES.
(a) In General.--
(1) Reimbursement.--The Secretary of Energy may reimburse a
State consumer advocate office or comparable (as determined by
such Secretary) public counsel from the Ratepayer Justice Fund,
after the issuance of direct relief payments under section 5
relating to the misconduct event, for verified investigation
and litigation expenses that materially contributed to
establishing the covered misconduct.
(2) Certification.--For any reimbursement issued under
paragraph (1), the Secretary of Energy shall publish a
certification in the Federal Register that the verified
investigation and litigation expenses materially contributed to
establishing the covered misconduct.
(b) Protection for Ratepayers.--The Secretary of Energy may not
pass along the costs of any reimbursement described in subsection (a)
to ratepayers.
(c) Technical Assistance.--The Secretary of Energy and the
Secretary of the Treasury may request technical assistance from State
commissions and State consumer advocate offices or comparable public
counsel in identifying eligible ratepayers, verifying customer impacts,
calculating consumer injury, and administering restitution under this
Act. The reasonable costs of providing such technical assistance may be
reimbursed by the Secretary of the Treasury from the Ratepayer Justice
Fund established by section 3, subject to the limitations of this
section.
SEC. 7. RATEPAYER COMMUNITY RESTORATION GRANTS.
(a) Award of Grants.--The Secretary of Energy shall award grants,
which shall be known as Ratepayer Community Restoration Grants and
without any matching requirement, in designated communities to local
governments, regional development organizations, organizations
described in section 501(c)(3) of the Internal Revenue Code of 1986, or
community development financial institutions.
(b) Use of Grants.--A Ratepayer Community Restoration Grant awarded
to an entity described in subsection (a) in a designated community may
only be used for--
(1) improvements to infrastructure in the designated
community, including projects for clean energy, energy
efficiency, energy distribution, grid resilience,
transportation, water resource management (including projects
authorized under the Drinking Water State Revolving Fund and
Clean Water State Revolving Fund), and rural development, and
the enumerated activities authorized under section 105 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5305)
for community development block grants;
(2) the development of small business concerns in the
designated community, including activities aligned with the
purposes set forth in section 2 of the Small Business Act (15
U.S.C. 631);
(3) a clean energy project in the designated community;
(4) the construction and deployment of infrastructure in
the designated community for the provision of broadband service
consistent with the purposes of the Broadband Equity, Access,
and Deployment Program established under section 60102(b) of
the Infrastructure Investment and Jobs Act (47 U.S.C. 1702(b));
(5) environmental remediation relating to the operation of
any utility in the designated community; and
(6) other activities in the designated community that the
Secretary of Energy determines to be appropriate and consistent
with the purpose of this Act under section 2.
(c) Prohibited Uses.--A Ratepayer Community Restoration Grant may
not be used for lobbying, campaigning, or other influence-related
expenses, or to finance spending by a unit of government or activities
not otherwise authorized under subsection (b).
(d) Administration.--The Secretary of Energy may use no more than 5
percent of the amounts made available under section 3 for Ratepayer
Community Restoration Grants for the administrative costs of awarding
such Ratepayer Community Restoration Grants.
SEC. 8. PRIORITIZATION OF INVESTMENTS BY DEPARTMENT OF ENERGY FOR GRID
INFRASTRUCTURE, RESILIENCY, AND MODERNIZATION.
The Secretary of Energy shall prioritize designated communities and
their regions harmed by misconduct events for technical assistance in
relation to, and the award of any funds available to the Secretary for,
grid infrastructure, resiliency, and modernization projects,
activities, technologies, equipment, hardening measures, and other
related services.
SEC. 9. ENFORCEMENT.
(a) In General.--The Attorney General may bring civil actions to
enforce compliance with this Act, including the collection of
assessments under section 4 through--
(1) the imposition of a lien;
(2) the garnishment of an asset; or
(3) any other action that the Attorney General determines
to be appropriate that the Attorney General is authorized to
take under any other provision of law.
(b) Mandatory Imprisonment.--
(1) Public officials.--A public official who is convicted
of public corruption, honest services fraud, wire fraud,
racketeering conspiracy, or taking a bribe from a person
associated with, working on behalf of, or representing a
covered utility, shall be imprisoned for any term of years.
(2) C-suite executives.--A C-suite executive who is
convicted of public corruption, honest services fraud, wire
fraud, racketeering conspiracy, or bribery shall be imprisoned
for any term of years.
(3) Lobbyists.--A lobbyist who is convicted of public
corruption, honest services fraud, wire fraud, racketeering
conspiracy, or bribery shall be imprisoned for any term of
years.
SEC. 10. CONSULTATION WITH STATE OFFICIALS AND COORDINATION WITH STATE
RESOURCES.
(a) Requirement.--The Secretary of the Treasury and the Secretary
of Energy, in consultation with the Federal Energy Regulatory
Commission, the applicable State commission and State consumer advocate
office or comparable public counsel, where applicable, shall coordinate
implementation of this Act to--
(1) avoid duplication of direct relief payments under
section 5;
(2) efficiently identify eligible ratepayers using existing
customer billing and regulatory records;
(3) utilize, to the maximum extent practicable, existing
findings of fact, State ratemaking records, refund
determinations, customer class information, and bill records
developed by State commissions and State consumer advocate
offices;
(4) ensure that restitution is calculated using consistent
methodologies and objective standards;
(5) minimize administrative burdens on consumers and
maximize consumer recovery by coordinating verification
procedures and claims processing; and
(6) provide timely restitution to eligible ratepayers.
(b) Credit for State Actions.--The Secretary of the Treasury, in
consultation with the Secretary of Energy, may deduct from the amount
of a direct relief payment to an eligible ratepayer relating to a
misconduct event under section 5 any amount previously paid to such
eligible ratepayer relating to such misconduct event as a result of the
actions of a State regulatory authority.
(c) Conflict Resolution.--In any case in which a State agency
reaches a different determination from a determination made under this
Act by the Secretary of Energy or the Secretary of the Treasury,
including with respect to the amount to be collected under section 4,
direct relief payments owed to eligible ratepayers, or the duration of
a misconduct event, the determination that results in the highest
amount of a direct relief payment shall apply.
(d) Recognition of State Expertise and Coordination Requirement.--
In carrying out this Act, the Secretary of the Treasury and the
Secretary of Energy shall--
(1) recognize the expertise of State commissions and State
consumer advocate offices or comparable public counsel
regarding retail utility rates, customer billing records,
ratepayer classes, refund calculations, and consumer impacts;
and
(2) to the maximum extent practicable, coordinate
implementation of this Act with State commissions and State
consumer advocate offices or comparable public counsel and rely
upon their existing findings, records, technical expertise to
avoid duplication, promote administrative efficiency, and
ensure accurate consumer restitution.
(e) Intergovernmental Ratepayer Restitution Working Group.--
(1) Not later than 90 days after the date of enactment of
this Act, the Secretary of the Treasury, in consultation with
the Secretary of Energy, shall establish an Intergovernmental
Ratepayer Restitution Working Group.
(2) The Working Group shall include representatives of--
(A) the Department of the Treasury;
(B) the Department of Energy;
(C) the Federal Energy Regulatory Commission;
(D) State commissions;
(E) State consumer advocate offices or comparable
public counsel; and
(F) such other Federal or State agencies as the
Secretary of the Treasury, in consultation with the
Secretary of Energy, determines appropriate.
(3) The Working Group shall--
(A) develop uniform guidance for calculating
consumer injury and allocating restitution;
(B) establish procedures for sharing billing
records and regulatory information consistent with
applicable privacy laws;
(C) recommend best practices for identifying
eligible ratepayers;
(D) coordinate consumer outreach and public
education concerning available restitution; and
(E) recommend procedures to expedite the
distribution of restitution payments.
SEC. 11. REPORTING AND TRANSPARENCY.
(a) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
of Energy, in consultation with the Secretary of the Treasury
and the Attorney General, shall submit to Congress a report
that describes--
(A) amounts collected for, deposited in, and
disbursed from the Ratepayer Justice Fund;
(B) the number of eligible ratepayers who have
claimed a direct relief payment pursuant to section 5
and the average amount (per misconduct event) of such
direct relief payment;
(C) information relating to Ratepayer Community
Restoration Grants awarded pursuant to section 7,
including identification of the recipient, amount, and
purpose of each such Ratepayer Community Restoration
Grant;
(D) any unresolved claims by eligible ratepayers
for direct relief payments pursuant to section 5,
collection of amounts under section 4, and enforcement
actions relating to such claims or collection; and
(E) the status of interagency and intergovernmental
consultations undertaken in the preceding year to
implement this Act, including with respect to the
Working Group.
(2) Submission of report to mandated reports repository.--
The Secretary of Energy shall submit to the reports online
portal established under the Access to Congressionally Mandated
Reports Act, and make publicly available on the website of the
Department of Energy, in connection with the information
required by subsection (b), the report required under
subsection (a).
(b) Database.--
(1) In general.--The Secretary of Energy, in consultation
with the Secretary of the Treasury, shall create and maintain a
fully searchable internet database that discloses at no charge
to the public and contains information sufficient to allow the
public to understand--
(A) each assessment and collection carried out
under section 4 and, if applicable, through enforcement
actions taken pursuant to section 9; and
(B) Ratepayer Community Restoration Grants awarded
pursuant to section 7, including information on the
amounts, recipients, and purposes or uses of such
Ratepayer Community Restoration Grants.
(2) Maintenance.--In maintaining the database under
paragraph (1), the Secretary of Energy shall ensure that such
database is updated on the date on which an assessment or
collection under section 4 is carried out, an enforcement
action is taken pursuant to section 9, and a Ratepayer
Community Restoration Grant is awarded pursuant to section 7.
(c) Privacy.--Individual ratepayer information shall remain
confidential and not be disclosed by the Secretary of Energy, the
Federal Energy Regulatory Commission, the Secretary of the Treasury,
the Attorney General, or any other Federal official involved in the
implementation of this Act, except as is necessary for administration
of the Ratepayer Justice Fund established by section 3 and
consultations to verify or audit claims for direct relief payments
under section 5, or to issue direct relief payments to eligible
ratepayers who are not required to file an annual Federal tax return
under section 5.
SEC. 12. OPERATIONAL AND SAFETY CONDITIONS OF NUCLEAR POWER PLANTS
AFFECTED BY MISCONDUCT EVENTS.
(a) Executive Branch Assessment Report.--Within 2 years of the date
of enactment of this Act, the Secretary of Energy, acting through the
Federal Energy Regulatory Commission and in consultation with the
Nuclear Regulatory Commission, shall submit to Congress and publish on
the website of the Department of Energy a report that--
(1) describes the operational condition of each nuclear
power plant owned or operated, either previously or current, by
a covered utility that was responsible for a misconduct event
occurring prior to publication of the report, including any
deteriorating conditions at such nuclear power plants that
result from underinvestment, negligence, malfeasance, or other
decisions by such covered utilities relative to necessary
operational and safety components and systems; and
(2) the amount of costs to maintain and repair
infrastructure at such nuclear power plants resulting from
earlier underinvestment, negligence, malfeasance, or other
decisions by such covered utilities, including amounts that
were charged to and collected from ratepayers for such costs.
(b) GAO Review and Report.--Within 1 year after the report required
under subsection (a) has been submitted to Congress and published on
the website of the Department of Energy, the Comptroller General of the
United States shall conduct a review of, and submit a resulting report
to Congress describing, the Secretary of Energy's compliance with
subsection (a) and the resulting Executive Branch Assessment Report for
thoroughness, accuracy, and soundness of methodology, and make any
recommendations for operational, safety, and process improvements for
the relevant nuclear power plants and with respect to the amount of
costs identified pursuant to section (a)(2).
SEC. 13. RULES.
The Secretary of the Treasury may promulgate rules and issue
guidance as the Secretary determines to be necessary to carry out this
Act.
SEC. 14. DEFINITIONS.
In this Act:
(1) C-suite executive.--The term ``C-suite executive''
means any individual serving a covered utility, during a period
in which such covered utility carried out a misconduct event,
as--
(A) the chief executive officer;
(B) the chief financial officer;
(C) the chief operating officer;
(D) the president; or
(E) any other executive officer that reports
directly to the chief executive officer.
(2) Class.--The term ``class'' means, with respect to any
person, State agency, or Federal agency, to which electric
energy or natural gas is sold other than for purposes of
resale, any group of such persons, State agencies, or Federal
agencies that have similar characteristics of electric energy
use or natural gas use, respectively.
(3) Clean energy project.--The term ``clean energy
project'' has the meaning given such term in section
40342(a)(1) of the Infrastructure Investment and Jobs Act (42
U.S.C. 18761(a)(1)).
(4) Community development financial institution.--The term
``community development financial institution'' has the meaning
given such term in section 103(5) of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12 U.S.C.
4702(5)).
(5) Covered misconduct.--
(A) In general.--The term ``covered misconduct''
means any conduct that affects the setting of rates,
consumer charges, legislation, regulation, or other
decision-making by public officials, including--
(i) the bribery of public officials;
(ii) public corruption involving the
operation of a utility or the setting of rates;
(iii) honest services fraud relating to the
operation of a utility; or
(iv) fraud or deception that results in the
distortion of regulated rates, charges, or
approvals, including the systematic
manipulation of costs or revenues presented to
regulatory authorities.
(B) Time limitation.--Such covered misconduct must
have occurred not earlier than 20 years before the date
of enactment of this Act.
(6) Covered utility.--The term ``covered utility'' means--
(A) any for-profit entity subject to the
jurisdiction of the Federal Energy Regulatory
Commission under part II of the Federal Power Act (16
U.S.C. 824 et seq.) with respect to which a Final
Determination is made; and
(B) any holding company, parent, subsidiary,
affiliate, or other entity under common control with
such a for-profit entity to the extent that the holding
company, parent, subsidiary, affiliate, or other entity
directly or indirectly financed, directed, concealed,
covered, or financially benefitted from a misconduct
event.
(7) Designated community.--The term ``designated
community'' means any geographic area served by a covered
utility where at least 60 percent of residents were customers
of the covered utility during the period in which such covered
utility carried out a misconduct event.
(8) Eligible ratepayer.--The term ``eligible ratepayer''
means any residential, commercial, industrial, or other retail
customer class that--
(A) received electric or gas service from a covered
utility for a continuous period of at least 30 days
during the period in which such covered utility carried
out a misconduct event;
(B) maintained an active account in good standing
with a covered utility during any portion of the period
in which such covered utility carried out a misconduct
event; and
(C) can be identified as a ratepayer through the
billing records of the covered utility, tax records, or
(as determined appropriate by the Secretary of the
Treasury) other verifiable documentation.
(9) Final determination.--The term ``final determination''
means the final judgment, settlement, plea agreement, deferred
prosecution agreement, or regulatory order that establishes
liability for covered misconduct, whether in a civil, criminal,
or administrative proceeding, and regardless of the forum or
jurisdiction in which it was issued, that is entered against--
(A) a covered utility;
(B) an employee, officer, or executive of a covered
utility; or
(C) a State actor to the extent the conduct of such
State actor relates to the operation of a covered
utility.
(10) Lobbyist.--The term ``lobbyist'' means any individual
who was or is employed or was or is retained by a covered
utility or C-suite executive, either directly or indirectly,
for financial or other compensation for services that include
lobbying activities as that term is defined in section 3(7) of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602(7)) or
lobbying contact as that term is defined in section 3(8) of the
Lobbying Disclosure Act of 1994 (2 U.S.C. 1602(8)) with respect
to a public official.
(11) Misconduct event.--The term ``misconduct event''
means--
(A) an instance of covered misconduct with respect
to which a Final Determination was issued;
(B) covered misconduct for which liability has been
established through a Final Determination, as defined
in paragraph (9); or
(C) any circumstance the Secretary of the Treasury,
in consultation with the Attorney General, finds
relevant to conspiracy, bribery, theft, extortion,
fraud, or other criminal, illegal, or impermissible
action or conduct, by a covered utility, C-suite
executive, or lobbyist.
(12) Overcharge.--The term ``overcharge'' means the
incremental amount paid by a ratepayer that is attributable to
covered misconduct and represents the difference between--
(A) the rates or charges actually paid by the
ratepayers; and
(B) the rates or charges that would have been
approved by the applicable regulatory authority absent
the covered misconduct.
(13) Public official.--The term ``public official''
includes any elected or appointed official serving the United
States Government, any government of the several States of the
United States (including the District of Columbia, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands,
Puerto Rico, the United States Virgin Islands), or any unit of
local government therein.
(14) Rate.--The term ``rate'' has the meaning given such
term in section 3(10) of the Public Utility Regulatory Policies
Act of 1978 (16 U.S.C. 2602(10)) or section 302(5) of the
Public Utility Regulatory Policies Act of 1978 (15 U.S.C.
3202(5)), respectively.
(15) Rate order.--The term ``rate order'' means a formal
order issued by a regulatory authority, including by the
Federal Energy Regulatory Commission or a State utility
regulator, that sets, approves, or modifies the rates charged
by a utility or regulated entity to ratepayers for energy
services rendered to such ratepayers.
(16) Regional development organization.--The term
``regional development organization'' includes--
(A) metropolitan planning organization (as such
term is defined in section 5303(b)(2) of title 49,
United States Code);
(B) the Delta Regional Authority established by the
Delta Regional Authority Act of 2000 (7 U.S.C. 1921 et
seq.); and
(C) the regional Commissions established by section
15301 of title 40, United States Code.
(17) State actor.--The term ``State actor'' means--
(A) any employee, or former employee, of a State or
local government, including a State or local official,
legislator, or regulator;
(B) any lobbyist registered under State law; or
(C) any entity controlled by any such person.
(18) State.--The term ``State'' means the several States of
the United States, the District of Columbia, American Samoa,
Guam, the Commonwealth of the Northern Mariana Islands, Puerto
Rico, and the United States Virgin Islands.
(19) State commission.--The term ``State commission'' has
the meaning given the term ``State regulatory authority'' in
section 3(17) of the Public Utility Regulatory Policies Act of
1978 (16 U.S.C. 2602(17)) or section 302(8) of the Public
Utility Regulatory Policies Act of 1978 (15 U.S.C. 3202(8)),
respectively.
(20) Working group.--The term ``Working Group'' means the
Intergovernmental Ratepayer Restitution Working Group
established by section 10(e) of this Act.
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