[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5353 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 5353

To limit bonuses for executives of certain electric utilities, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2026

 Mr. Blumenthal (for himself and Mr. Hawley) introduced the following 
bill; which was read twice and referred to the Committee on Energy and 
                           Natural Resources

_______________________________________________________________________

                                 A BILL


 
To limit bonuses for executives of certain electric utilities, 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 ``No Bonuses for Utility Executives 
Act''.

SEC. 2. LIMITATION ON BONUSES FOR EXECUTIVES OF CERTAIN ELECTRIC 
              UTILITIES.

    (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Covered utility.--The term ``covered utility'' has the 
        meaning given the term ``State regulated electric utility'' in 
        section 3 of the Public Utility Regulatory Policies Act of 1978 
        (16 U.S.C. 2602).
            (3) Customer rates.--The term ``customer rates'' means the 
        rates and charges made, demanded, or received by a covered 
        utility for or in connection with the sale of electric energy 
        and, if applicable, natural gas.
            (4) Executive.--The term ``executive'' means a C-suite 
        executive, including a chief executive officer, chief operating 
        officer, chief financial officer, chief information officer, 
        chief technology officer, chief marketing officer, chief human 
        resources officer, chief people officer, and any person that 
        the Commission determines holds a title substantially similar 
        to any such title.
            (5) Fiscal year.--The term ``fiscal year'', with respect to 
        a covered utility, means the fiscal year of that covered 
        utility.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury, acting through the Bureau of the Fiscal 
        Service.
    (b) Authorized Bonuses.--
            (1) In general.--Beginning January 1, 2027, a covered 
        utility may, subject to paragraph (2), pay a bonus to an 
        executive of the covered utility for a fiscal year only if the 
        average percentage increase in customer rates of the covered 
        utility for that fiscal year does not exceed any percentage 
        increase in the Consumer Price Index for All Urban Consumers 
        (CPI-U) published by the Bureau of Labor Statistics of the 
        Department of Labor for the 12-month period ending on the last 
        day of that fiscal year.
            (2) Limitation.--A bonus paid pursuant to paragraph (1) may 
        not exceed an amount equal to 25 percent of the median annual 
        compensation, for the applicable fiscal year, of employees of 
        the covered utility who are not executives.
            (3) Prohibition.--A covered utility may not pay a bonus to 
        an executive of the covered utility for a fiscal year before 
        the Commission has made a determination under subsection (c)(2) 
        with respect to that covered utility for that fiscal year.
    (c) Determination of Bonuses Allowed.--
            (1) Notification.--Not later than 7 days after the last day 
        of a fiscal year, a covered utility shall provide to the 
        Commission information on--
                    (A) the average percentage increase in customer 
                rates of the covered utility for that fiscal year; and
                    (B) the median annual compensation, for that fiscal 
                year, of employees of the covered utility who are not 
                executives.
            (2) Determination.--Not later than 30 days after the last 
        day of a fiscal year for which the Commission receives 
        information from a covered utility under paragraph (1), the 
        Commission shall determine--
                    (A) whether the covered utility may pay a bonus 
                pursuant to subsection (b)(1); and
                    (B) the maximum allowable amount of that bonus 
                under subsection (b)(2).
    (d) Oversight of Bonuses.--
            (1) Notification.--Not later than 7 days after paying a 
        bonus to an executive, a covered utility shall provide to the 
        Commission information on--
                    (A) the amount of the bonus; and
                    (B) the fiscal year for which the bonus was paid.
            (2) Determination of compliance.--Not later than 30 days 
        after receiving a notification under paragraph (1), the 
        Commission shall determine whether the covered utility 
        submitting the notification is in compliance with subsection 
        (b).
            (3) Penalties.--
                    (A) Forfeiture.--A bonus shall be forfeited to the 
                United States if--
                            (i) the bonus was paid in violation of any 
                        provision of subsection (b);
                            (ii) the covered utility paying the bonus 
                        failed to provide a notification under 
                        paragraph (1) by the date described in that 
                        paragraph with respect to the bonus; or
                            (iii) the covered utility paying the bonus 
                        made a materially false or misleading 
                        representation in a notification provided under 
                        paragraph (1) or subsection (c)(1) with respect 
                        to the bonus or any other matter described in 
                        paragraph (1) or subsection (c)(1) for the 
                        applicable fiscal year.
                    (B) Collection of forfeited bonus.--
                            (i) In general.--To collect a bonus 
                        forfeited under subparagraph (A), the 
                        Commission shall impose a civil penalty in the 
                        amount of the bonus on the covered utility that 
                        paid the bonus.
                            (ii) Transfer to the secretary.--Amounts 
                        collected by the Commission under clause (i) 
                        shall be transferred to the Secretary for 
                        purposes of carrying out subparagraph (C).
                            (iii) Prohibition.--A covered utility may 
                        not recover through customer rates the cost of 
                        a civil penalty imposed under this 
                        subparagraph.
                    (C) Ratepayer checks.--For any bonus described in 
                subparagraph (A) that is collected pursuant to 
                subparagraph (B)--
                            (i) the applicable covered utility shall 
                        provide any information to the Commission or 
                        the Secretary that the Commission or the 
                        Secretary, as applicable, determines to be 
                        necessary to carry out clause (ii); and
                            (ii) the Secretary shall issue to each 
                        customer of that covered utility a payment in 
                        an amount equal to the quotient obtained by 
                        dividing--
                                    (I) the amount forfeited under 
                                subparagraph (A) and collected under 
                                subparagraph (B); by
                                    (II) the number of customers of the 
                                covered utility.
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