,i #aaith ,,congress #b;d ,session ,h4 ,r4 #igjj ,,in ,,the ,,house ,,of ,,representatives ,july #ae1 #bjbf,ms4 ,kaptur introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on ,ways and ,means1 ,transportation and ,infrastructure1 ,small ,business1 ,financial ,services1 and ,agriculture1 for a period to be subsequently determined by the ,speaker1 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 misconduct1 including corruption1 and to hold accountable those responsible for such misconduct1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ratepayer ,justice and ,commercial ,power ,accountability ,act4 #b4 ,purpose 7a7 ,findings ,congress finds that-- 7#a7 the generation1 transmission1 and sale of electricity and natural gas occur in interstate commerce and are subject to ,federal regulation2 7#b7 corruption affecting rate setting1 anticompetetive behavior1 regulatory approvals1 and related legislation distorts prices and harms consumers and interstate markets2 7#c7 a ,federal remedy is necessary to restore losses impacting affected ratepayers and communities2 7#d7 commercial nuclear power criminality across several ,states and regions of the ,united ,states requires review and regulation1 adjustment1 and fair reimbursement to bilked ratepayers2 and 7#e7 severe attendant ,state criminality and negligence1 including with respect to nuclear power production1 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 criminality4 7b7 ,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 conduct4 #c4 ,establishment of ,ratepayer ,justice ,fund and list of misconduct events 7a7 ,ratepayer ,justice ,fund 7#a7 ,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 #d4 7#b7 ,use ,amounts in the ,ratepayer ,justice ,fund shall be made available without further appropriation-- 7,a7 to the ,secretary of the ,treasury for direct relief payments to eligible ratepayers in accordance with section #e2 7,b7 to the ,secretary of ,energy for reimbursements to ,state consumer advocate offices or comparable public counsel in accordance with section #f2 and 7,c7 in an amount not to exceed #e percent of the total amounts in the ,ratepayer ,justice ,fund1 to the ,secretary of ,energy for ,ratepayer ,community ,restoration ,grants in accordance with section #g4 7b7 ,list of misconduct events 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,treasury1 in consultation with the ,attorney ,general and ,secretary of ,energy1 shall establish1 and publish in the ,federal ,register1 a list of misconduct events4 7#b7 ,updates ,the ,secretary of the ,treasury shall regularly update the list published under subsection 7a74 7#c7 ,petition ,a citizen 7including a consumer advocate described in section #f7 may petition the ,secretary of the ,treasury to include a misconduct event on the list published under subsection 7a74 7#d7 ,determination on petitions ,not later than #ij days after the date of receipt of a petition regarding a misconduct event under paragraph 7#b71 the ,secretary of the ,treasury shall determine whether to include the misconduct event on the list published under subsection 7a74 #d4 ,funding sources 7a7 ,assessment and collection of certain amounts ,the ,secretary of the ,treasury1 in consultation with the ,federal ,energy ,regulatory ,commission1 shall1 following the issuance of a ,final ,determination establishing liability for a misconduct event1 promptly and without delay1 assess and collect from each covered utility1 ,c-suite executive1 and lobbyist an amount equal to-- 7#a7 the costs borne by ratepayers for criminal mismanagement of covered utilities1 ,c-suite executives1 and lobbyists2 and 7#b7 the unjust enrichment attributable to the misconduct event1 minus any amounts disgorged to ratepayers1 or civil or criminal forfeitures or fines paid4 7b7 ,calculation of assessment ,in assessing the amount described in subsection 7a71 the ,secretary of the ,treasury1 in consultation with the ,federal ,energy ,regulatory ,commission1 shall include in such assessment-- 7#a7 revenues and profits realized by the covered utility that are attributable to official acts taken by public officials1 statutes enacted1 regulations promulgated1 rate schedules approved1 or rate orders issued1 under misconduct events2 7#b7 revenues and profits realized by the ,c-suite executive 7in the form of incentives1 bonuses1 equity1 or other compensation7 that are attributable to official acts taken by public officials1 statutes enacted1 regulations promulgated1 rate schedules approved1 or rate orders issued1 under misconduct events2 7#c7 prejudgment interest determined by a court of competent jurisdiction2 7#d7 the amounts assessed to1 collected from1 and paid by ratepayers of a covered utility1 as reflected in regulatory records and rate cases1 that are in excess of what would otherwise be assessed to1 collected from1 and paid by ratepayers if not for the official acts taken by public officials1 statutes enacted1 regulations promulgated1 rate schedules approved1 or rate orders issued1 under misconduct events2 7#e7 any amounts borrowed or taken from any employee welfare benefit plan1 employee benefit pension plan1 or pension plan1 as those terms are defined in section #c of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajjb7 or comparable ,state law1 in connection with or to finance misconduct events2 7#f7 civil or criminal forfeitures and fines paid by the covered utility and ,c-suite executive2 and 7#g7 any other gains by the covered utility and ,c-suite executive attributable to the official acts taken by public officials1 statutes enacted1 regulations promulgated1 rate schedules approved1 or rate orders issued1 under misconduct events4 #e4 ,direct relief payments for eligible ratepayers 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,treasury1 acting through the ,commissioner of ,internal ,revenue and in consultation with the ,secretary of ,energy1 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-- 7#a7 in the form of a refundable credit on the annual ,federal tax return of the eligible ratepayer2 or 7#b7 for an eligible ratepayer who is not required to file an annual ,federal tax return1 through a claims and direct payment process established by the ,secretary of the ,treasury by regulation4 7b7 ,requirements for submission of claims ,an eligible ratepayer claiming a direct relief payment under the system established under subsection 7a7 shall attest under penalty of perjury-- 7#a7 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 event2 7#b7 to the name of the covered utility and approximate dates that the covered utility provided service to the eligible ratepayer2 and 7#c7 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 source4 7c7 ,verification 7#a7 ,requirement 7,a7 ,in general ,the ,secretary of the ,treasury1 in consultation with the ,secretary of ,energy1 shall1 promptly and without delay following the filing of a claim for a direct relief payment in accordance with subsection 7b71 verify such claim under the system established under subsection 7a74 7,b7 ,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 ratepayer4 7#b7 ,customer records 7,a7 ,in general ,at the request of the ,secretary of the ,treasury1 a covered utility shall provide to the ,secretary the customer records of the covered utility4 7,b7 ,penalties ,the ,secretary of the ,treasury or the ,attorney ,general may impose any penalty that the ,secretary or ,attorney ,general1 respectively1 determines to be appropriate1 on a covered utility that violates subparagraph 7,a71 provided that the ,secretary or ,attorney ,general provides appropriate1 advance notice to such covered utility and a process for the covered utility to appeal such penalty before the application of the penalty4 7#c7 ,methods ,the ,secretary of the ,treasury may verify claims under paragraph 7#a7 through the customer records of the covered utility4 7#d7 ,timely distribution ,the ,secretary of the ,treasury shall1 except where determined impracticable1 begin issuing direct relief payments not later than #ahj days after the issuance of a ,final ,determination1 and shall provide1 consistent with the reporting requirements in section #aa1 periodic public reports describing the status of claims processing and distribution until all reasonably identifiable eligible ratepayers have received restitution per misconduct event4 7d7 ,calculation of consumer injury 7#a7 ,quantification ,the ,secretary of ,energy1 in consultation with the ,federal ,energy ,regulatory ,commission1 the relevant ,state commission1 and the relevant ,state consumer advocate office or comparable public counsel1 where applicable1 shall quantify-- 7,a7 the total consumer injury1 including economic harms faced by any affected community1 for each misconduct event using objective and verifiable evidence based on overcharges to ratepayers of the covered utility1 unlawfully authorized rates assessed to ratepayers of the covered utility1 or other measurable impacts to ratepayers or the community identified in regulatory records2 and 7,b7 any escalation in the costs of maintenance and repairs to the infrastructure of a covered utility that is attributable to utility executive mismanagement4 7#b7 ,quantification requirements ,in making the quantification required under paragraph 7#a71 the ,secretary of ,energy shall-- 7,a7 consider and give substantial weight to final findings of fact1 refund determinations1 customer class information1 and ratemaking records developed by the relevant ,state commission and relevant ,state consumer advocate office or comparable public counsel where applicable2 and 7,b7 estimate1 to the maximum extent practicable1 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 misconduct4 7#c7 ,allocation of restitution ,the ,secretary of ,energy shall-- 7,a7 allocate restitution among eligible ratepayers using objective and equitable standards that reflect the extent of consumer injury2 7,b7 in making allocations1 consider-- 7i7 the customer class of each eligible ratepayer2 7ii7 the duration of service during the period of covered misconduct2 7iii7 the amount of charges paid during the misconduct period1 to the extent such information is readily available2 7iv7 differences in rates among customer classes2 7v7 refunds1 credits1 or restitution previously received relating to the same misconduct event2 and 7vi7 any other objective factor necessary to achieve equitable restitution2 7,c7 ensure1 to the maximum extent practicable1 similarly situated ratepayers within the same customer class receive substantially equivalent proportional restitution2 and 7,d7 utilize customer billing records1 ,state commission records1 and other reliable regulatory records to verify allocations and minimize administrative burden4 7#d7 ,restitution methodology ,not later than #ahj days after the date of enactment1 the ,secretary of ,energy1 in consultation with the ,federal ,energy ,regulatory ,commission1 the ,secretary of the ,treasury1 ,state commissions1 and ,state consumer advocate offices or comparable public counsel1 shall publish guidance establishing uniform methodologies for-- 7,a7 calculating consumer injury2 7,b7 allocating restitution among customer classes2 7,c7 identifying eligible ratepayers1 including former customers2 7,d7 accounting for refunds1 credits1 settlements1 or other prior recoveries2 and 7,e7 ensuring that restitution is administered under this ,act consistently among jurisdictions while avoiding duplicate recovery4 7#e7 ,one payment per misconduct event ,for each misconduct event1 each eligible ratepayer may receive only #a direct relief payment under this section4 7#f7 ,interest for direct relief payments ,direct relief payments issued to ratepayers pursuant to this section1 and the calculation of assessment under section #d7;b71 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 #a-year constant maturity ,treasury yield1 as published by the ,board of ,governors of the ,federal ,reserve ,system1 for the calendar week preceding the date of a misconduct event4 7e7 ,limitations period ,an eligible ratepayer may only claim a direct relief payment under this section during the #d-year period beginning on the date on which the ,final ,determination relating to such misconduct event is issued4 7f7 ,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 refund1 credit1 or restitution already received by such eligible ratepayer for the same misconduct event4 7g7 ,priority 7#a7 ,residential customers ,in issuing direct relief payments to eligible ratepayers who are not required to file an annual ,federal tax return1 the ,secretary of the ,treasury shall prioritize the issuance of direct relief payments to such eligible ratepayers who are residential customers4 7#b7 ,non-residential customers ,in issuing direct relief payments to eligible ratepayers who are not required to file an annual ,federal tax return1 the ,secretary of the ,treasury shall issue to such eligible ratepayers who are not residential customers pro rata restitution payments after the #d-year period described in subsection 7e7 has expired and all claims by eligible ratepayers who are residential customers are satisfied1 or as otherwise provided in regulations promulgated by the ,secretary4 7h7 ,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 7a74 #f4 ,consumer advocates 7a7 ,in general 7#a7 ,reimbursement ,the ,secretary of ,energy may reimburse a ,state consumer advocate office or comparable 7as determined by such ,secretary7 public counsel from the ,ratepayer ,justice ,fund1 after the issuance of direct relief payments under section #e relating to the misconduct event1 for verified investigation and litigation expenses that materially contributed to establishing the covered misconduct4 7#b7 ,certification ,for any reimbursement issued under paragraph 7#a71 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 misconduct4 7b7 ,protection for ratepayers ,the ,secretary of ,energy may not pass along the costs of any reimbursement described in subsection 7a7 to ratepayers4 7c7 ,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 ratepayers1 verifying customer impacts1 calculating consumer injury1 and administering restitution under this ,act4 ,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 #c1 subject to the limitations of this section4 #g4 ,ratepayer ,community ,restoration ,grants 7a7 ,award of grants ,the ,secretary of ,energy shall award grants1 which shall be known as ,ratepayer ,community ,restoration ,grants and without any matching requirement1 in designated communities to local governments1 regional development organizations1 organizations described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf1 or community development financial institutions4 7b7 ,use of grants ,a ,ratepayer ,community ,restoration ,grant awarded to an entity described in subsection 7a7 in a designated community may only be used for-- 7#a7 improvements to infrastructure in the designated community1 including projects for clean energy1 energy efficiency1 energy distribution1 grid resilience1 transportation1 water resource management 7including projects authorized under the ,drinking ,water ,state ,revolving ,fund and ,clean ,water ,state ,revolving ,fund71 and rural development1 and the enumerated activities authorized under section #aje of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecje7 for community development block grants2 7#b7 the development of small business concerns in the designated community1 including activities aligned with the purposes set forth in section #b of the ,small ,business ,act 7#ae ,u4,s4,c4 #fca72 7#c7 a clean energy project in the designated community2 7#d7 the construction and deployment of infrastructure in the designated community for the provision of broadband service consistent with the purposes of the ,broadband ,equity1 ,access1 and ,deployment ,program established under section #fjajb7;b7 of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agjb7;b772 7#e7 environmental remediation relating to the operation of any utility in the designated community2 and 7#f7 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 #b4 7c7 ,prohibited uses ,a ,ratepayer ,community ,restoration ,grant may not be used for lobbying1 campaigning1 or other influence-related expenses1 or to finance spending by a unit of government or activities not otherwise authorized under subsection 7b74 7d7 ,administration ,the ,secretary of ,energy may use no more than #e percent of the amounts made available under section #c for ,ratepayer ,community ,restoration ,grants for the administrative costs of awarding such ,ratepayer ,community ,restoration ,grants4 #h4 ,prioritization of investments by department of energy for grid infrastructure1 resiliency1 and modernization ,the ,secretary of ,energy shall prioritize designated communities and their regions harmed by misconduct events for technical assistance in relation to1 and the award of any funds available to the ,secretary for1 grid infrastructure1 resiliency1 and modernization projects1 activities1 technologies1 equipment1 hardening measures1 and other related services4 #i4 ,enforcement 7a7 ,in general ,the ,attorney ,general may bring civil actions to enforce compliance with this ,act1 including the collection of assessments under section #d through-- 7#a7 the imposition of a lien2 7#b7 the garnishment of an asset2 or 7#c7 any other action that the ,attorney ,general determines to be appropriate that the ,attorney ,general is authorized to take under any other provision of law4 7b7 ,mandatory imprisonment 7#a7 ,public officials ,a public official who is convicted of public corruption1 honest services fraud1 wire fraud1 racketeering conspiracy1 or taking a bribe from a person associated with1 working on behalf of1 or representing a covered utility1 shall be imprisoned for any term of years4 7#b7 ,c-suite executives ,a ,c-suite executive who is convicted of public corruption1 honest services fraud1 wire fraud1 racketeering conspiracy1 or bribery shall be imprisoned for any term of years4 7#c7 ,lobbyists ,a lobbyist who is convicted of public corruption1 honest services fraud1 wire fraud1 racketeering conspiracy1 or bribery shall be imprisoned for any term of years4 #aj4 ,consultation with ,state officials and coordination with ,state resources 7a7 ,requirement ,the ,secretary of the ,treasury and the ,secretary of ,energy1 in consultation with the ,federal ,energy ,regulatory ,commission1 the applicable ,state commission and ,state consumer advocate office or comparable public counsel1 where applicable1 shall coordinate implementation of this ,act to-- 7#a7 avoid duplication of direct relief payments under section #e2 7#b7 efficiently identify eligible ratepayers using existing customer billing and regulatory records2 7#c7 utilize1 to the maximum extent practicable1 existing findings of fact1 ,state ratemaking records1 refund determinations1 customer class information1 and bill records developed by ,state commissions and ,state consumer advocate offices2 7#d7 ensure that restitution is calculated using consistent methodologies and objective standards2 7#e7 minimize administrative burdens on consumers and maximize consumer recovery by coordinating verification procedures and claims processing2 and 7#f7 provide timely restitution to eligible ratepayers4 7b7 ,credit for ,state actions ,the ,secretary of the ,treasury1 in consultation with the ,secretary of ,energy1 may deduct from the amount of a direct relief payment to an eligible ratepayer relating to a misconduct event under section #e any amount previously paid to such eligible ratepayer relating to such misconduct event as a result of the actions of a ,state regulatory authority4 7c7 ,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 ,treasury1 including with respect to the amount to be collected under section #d1 direct relief payments owed to eligible ratepayers1 or the duration of a misconduct event1 the determination that results in the highest amount of a direct relief payment shall apply4 7d7 ,recognition of state expertise and coordination requirement ,in carrying out this ,act1 the ,secretary of the ,treasury and the ,secretary of ,energy shall-- 7#a7 recognize the expertise of ,state commissions and ,state consumer advocate offices or comparable public counsel regarding retail utility rates1 customer billing records1 ratepayer classes1 refund calculations1 and consumer impacts2 and 7#b7 to the maximum extent practicable1 coordinate implementation of this ,act with ,state commissions and ,state consumer advocate offices or comparable public counsel and rely upon their existing findings1 records1 technical expertise to avoid duplication1 promote administrative efficiency1 and ensure accurate consumer restitution4 7e7 ,intergovernmental ratepayer restitution working group 7#a7 ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of the ,treasury1 in consultation with the ,secretary of ,energy1 shall establish an ,intergovernmental ,ratepayer ,restitution ,working ,group4 7#b7 ,the ,working ,group shall include representatives of-- 7,a7 the ,department of the ,treasury2 7,b7 the ,department of ,energy2 7,c7 the ,federal ,energy ,regulatory ,commission2 7,d7 ,state commissions2 7,e7 ,state consumer advocate offices or comparable public counsel2 and 7,f7 such other ,federal or ,state agencies as the ,secretary of the ,treasury1 in consultation with the ,secretary of ,energy1 determines appropriate4 7#c7 ,the ,working ,group shall-- 7,a7 develop uniform guidance for calculating consumer injury and allocating restitution2 7,b7 establish procedures for sharing billing records and regulatory information consistent with applicable privacy laws2 7,c7 recommend best practices for identifying eligible ratepayers2 7,d7 coordinate consumer outreach and public education concerning available restitution2 and 7,e7 recommend procedures to expedite the distribution of restitution payments4 #aa4 ,reporting and transparency 7a7 ,report to ,congress 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of ,energy1 in consultation with the ,secretary of the ,treasury and the ,attorney ,general1 shall submit to ,congress a report that describes-- 7,a7 amounts collected for1 deposited in1 and disbursed from the ,ratepayer ,justice ,fund2 7,b7 the number of eligible ratepayers who have claimed a direct relief payment pursuant to section #e and the average amount 7per misconduct event7 of such direct relief payment2 7,c7 information relating to ,ratepayer ,community ,restoration ,grants awarded pursuant to section #g1 including identification of the recipient1 amount1 and purpose of each such ,ratepayer ,community ,restoration ,grant2 7,d7 any unresolved claims by eligible ratepayers for direct relief payments pursuant to section #e1 collection of amounts under section #d1 and enforcement actions relating to such claims or collection2 and 7,e7 the status of interagency and intergovernmental consultations undertaken in the preceding year to implement this ,act1 including with respect to the ,working ,group4 7#b7 ,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 ,act1 and make publicly available on the website of the ,department of ,energy1 in connection with the information required by subsection 7b71 the report required under subsection 7a74 7b7 ,database 7#a7 ,in general ,the ,secretary of ,energy1 in consultation with the ,secretary of the ,treasury1 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-- 7,a7 each assessment and collection carried out under section #d and1 if applicable1 through enforcement actions taken pursuant to section #i2 and 7,b7 ,ratepayer ,community ,restoration ,grants awarded pursuant to section #g1 including information on the amounts1 recipients1 and purposes or uses of such ,ratepayer ,community ,restoration ,grants4 7#b7 ,maintenance ,in maintaining the database under paragraph 7#a71 the ,secretary of ,energy shall ensure that such database is updated on the date on which an assessment or collection under section #d is carried out1 an enforcement action is taken pursuant to section #i1 and a ,ratepayer ,community ,restoration ,grant is awarded pursuant to section #g4 7c7 ,privacy ,individual ratepayer information shall remain confidential and not be disclosed by the ,secretary of ,energy1 the ,federal ,energy ,regulatory ,commission1 the ,secretary of the ,treasury1 the ,attorney ,general1 or any other ,federal official involved in the implementation of this ,act1 except as is necessary for administration of the ,ratepayer ,justice ,fund established by section #c and consultations to verify or audit claims for direct relief payments under section #e1 or to issue direct relief payments to eligible ratepayers who are not required to file an annual ,federal tax return under section #e4 #ab4 ,operational and safety conditions of nuclear power plants affected by misconduct events 7a7 ,executive branch assessment report ,within #b years of the date of enactment of this ,act1 the ,secretary of ,energy1 acting through the ,federal ,energy ,regulatory ,commission and in consultation with the ,nuclear ,regulatory ,commission1 shall submit to ,congress and publish on the website of the ,department of ,energy a report that-- 7#a7 describes the operational condition of each nuclear power plant owned or operated1 either previously or current1 by a covered utility that was responsible for a misconduct event occurring prior to publication of the report1 including any deteriorating conditions at such nuclear power plants that result from underinvestment1 negligence1 malfeasance1 or other decisions by such covered utilities relative to necessary operational and safety components and systems2 and 7#b7 the amount of costs to maintain and repair infrastructure at such nuclear power plants resulting from earlier underinvestment1 negligence1 malfeasance1 or other decisions by such covered utilities1 including amounts that were charged to and collected from ratepayers for such costs4 7b7 ,,gao review and report ,within #a year after the report required under subsection 7a7 has been submitted to ,congress and published on the website of the ,department of ,energy1 the ,comptroller ,general of the ,united ,states shall conduct a review of1 and submit a resulting report to ,congress describing1 the ,secretary of ,energy's compliance with subsection 7a7 and the resulting ,executive ,branch ,assessment ,report for thoroughness1 accuracy1 and soundness of methodology1 and make any recommendations for operational1 safety1 and process improvements for the relevant nuclear power plants and with respect to the amount of costs identified pursuant to section 7a77#b74 #ac4 ,rules ,the ,secretary of the ,treasury may promulgate rules and issue guidance as the ,secretary determines to be necessary to carry out this ,act4 #ad4 ,definitions ,in this ,act3 7#a7 ,c-suite executive ,the term ,c-suite executive means any individual serving a covered utility1 during a period in which such covered utility carried out a misconduct event1 as-- 7,a7 the chief executive officer2 7,b7 the chief financial officer2 7,c7 the chief operating officer2 7,d7 the president2 or 7,e7 any other executive officer that reports directly to the chief executive officer4 7#b7 ,class ,the term class means1 with respect to any person1 ,state agency1 or ,federal agency1 to which electric energy or natural gas is sold other than for purposes of resale1 any group of such persons1 ,state agencies1 or ,federal agencies that have similar characteristics of electric energy use or natural gas use1 respectively4 7#c7 ,clean energy project ,the term clean energy project has the meaning given such term in section #djcdb7;a77#a7 of the ,infrastructure ,investment and ,jobs ,act 7#db ,u4,s4,c4 #ahgfa7;a77#a774 7#d7 ,community development financial institution ,the term community development financial institution has the meaning given such term in section #ajc7e7 of the ,riegle ,community ,development and ,regulatory ,improvement ,act of #aiid 7#ab ,u4,s4,c4 #dgjb7e774 7#e7 ,covered misconduct 7,a7 ,in general ,the term covered misconduct means any conduct that affects the setting of rates1 consumer charges1 legislation1 regulation1 or other decision-making by public officials1 including-- 7i7 the bribery of public officials2 7ii7 public corruption involving the operation of a utility or the setting of rates2 7iii7 honest services fraud relating to the operation of a utility2 or 7iv7 fraud or deception that results in the distortion of regulated rates1 charges1 or approvals1 including the systematic manipulation of costs or revenues presented to regulatory authorities4 7,b7 ,time limitation ,such covered misconduct must have occurred not earlier than #bj years before the date of enactment of this ,act4 7#f7 ,covered utility ,the term covered utility means-- 7,a7 any for-profit entity subject to the jurisdiction of the ,federal ,energy ,regulatory ,commission under part ,,ii of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbd et seq47 with respect to which a ,final ,determination is made2 and 7,b7 any holding company1 parent1 subsidiary1 affiliate1 or other entity under common control with such a for-profit entity to the extent that the holding company1 parent1 subsidiary1 affiliate1 or other entity directly or indirectly financed1 directed1 concealed1 covered1 or financially benefitted from a misconduct event4 7#g7 ,designated community ,the term designated community means any geographic area served by a covered utility where at least #fj percent of residents were customers of the covered utility during the period in which such covered utility carried out a misconduct event4 7#h7 ,eligible ratepayer ,the term eligible ratepayer means any residential1 commercial1 industrial1 or other retail customer class that-- 7,a7 received electric or gas service from a covered utility for a continuous period of at least #cj days during the period in which such covered utility carried out a misconduct event2 7,b7 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 event2 and 7,c7 can be identified as a ratepayer through the billing records of the covered utility1 tax records1 or 7as determined appropriate by the ,secretary of the ,treasury7 other verifiable documentation4 7#i7 ,final determination ,the term final determination means the final judgment1 settlement1 plea agreement1 deferred prosecution agreement1 or regulatory order that establishes liability for covered misconduct1 whether in a civil1 criminal1 or administrative proceeding1 and regardless of the forum or jurisdiction in which it was issued1 that is entered against-- 7,a7 a covered utility2 7,b7 an employee1 officer1 or executive of a covered utility2 or 7,c7 a ,state actor to the extent the conduct of such ,state actor relates to the operation of a covered utility4 7#aj7 ,lobbyist ,the term lobbyist means any individual who was or is employed or was or is retained by a covered utility or ,c-suite executive1 either directly or indirectly1 for financial or other compensation for services that include lobbying activities as that term is defined in section #c7g7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb7g77 or lobbying contact as that term is defined in section #c7h7 of the ,lobbying ,disclosure ,act of #aiid 7#b ,u4,s4,c4 #afjb7h77 with respect to a public official4 7#aa7 ,misconduct event ,the term misconduct event means-- 7,a7 an instance of covered misconduct with respect to which a ,final ,determination was issued2 7,b7 covered misconduct for which liability has been established through a ,final ,determination1 as defined in paragraph 7#i72 or 7,c7 any circumstance the ,secretary of the ,treasury1 in consultation with the ,attorney ,general1 finds relevant to conspiracy1 bribery1 theft1 extortion1 fraud1 or other criminal1 illegal1 or impermissible action or conduct1 by a covered utility1 ,c-suite executive1 or lobbyist4 7#ab7 ,overcharge ,the term overcharge means the incremental amount paid by a ratepayer that is attributable to covered misconduct and represents the difference between-- 7,a7 the rates or charges actually paid by the ratepayers2 and 7,b7 the rates or charges that would have been approved by the applicable regulatory authority absent the covered misconduct4 7#ac7 ,public official ,the term public official includes any elected or appointed official serving the ,united ,states ,government1 any government of the several ,states of the ,united ,states 7including the ,district of ,columbia1 ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 ,puerto ,rico1 the ,united ,states ,virgin ,islands71 or any unit of local government therein4 7#ad7 ,rate ,the term rate has the meaning given such term in section #c7aj7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfjb7aj77 or section #cjb7e7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#ae ,u4,s4,c4 #cbjb7e771 respectively4 7#ae7 ,rate order ,the term rate order means a formal order issued by a regulatory authority1 including by the ,federal ,energy ,regulatory ,commission or a ,state utility regulator1 that sets1 approves1 or modifies the rates charged by a utility or regulated entity to ratepayers for energy services rendered to such ratepayers4 7#af7 ,regional development organization ,the term regional development organization includes-- 7,a7 metropolitan planning organization 7as such term is defined in section #ecjc7;b77#b7 of title #di1 ,united ,states ,code72 7,b7 the ,delta ,regional ,authority established by the ,delta ,regional ,authority ,act of #bjjj 7#g ,u4,s4,c4 #aiba et seq472 and 7,c7 the regional ,commissions established by section #aecja of title #dj1 ,united ,states ,code4 7#ag7 ,state actor ,the term ,state actor means-- 7,a7 any employee1 or former employee1 of a ,state or local government1 including a ,state or local official1 legislator1 or regulator2 7,b7 any lobbyist registered under ,state law2 or 7,c7 any entity controlled by any such person4 7#ah7 ,state ,the term ,state means the several ,states of the ,united ,states1 the ,district of ,columbia1 ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 ,puerto ,rico1 and the ,united ,states ,virgin ,islands4 7#ai7 ,state commission ,the term ,state commission has the meaning given the term ,state regulatory authority in section #c7ag7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfjb7ag77 or section #cjb7h7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#ae ,u4,s4,c4 #cbjb7h771 respectively4 7#bj7 ,working group ,the term ,working ,group means the ,intergovernmental ,ratepayer ,restitution ,working ,group established by section #aj7;e7 of this ,act4