Ratepayer Justice and Commercial Power Accountability Act

[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.
                                 <all>