August 10, 2026
Mr. Vindman introduced the following bill; which was referred to the Committee on Energy and Commerce
To impose lobbying restrictions on former officers and employees of State regulatory authorities, and to condition State energy program financial assistance on State compliance with those restrictions.
Section 1. Short title
This Act may be cited as the Energy Utility Lobbying Ban Act
.
Sec. 2. Condition on granting State energy program financial assistance
(a) In general
Notwithstanding part D of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.), beginning with the first full fiscal year following the date of enactment of this section, the Secretary shall withhold 10 percent of the amount of State energy program financial assistance to be granted to a State in a fiscal year unless the Secretary determines the State—
(1)
prohibits any person who is a former officer or employee of a State regulatory authority from, after the termination of his or her service or employment with such State regulatory authority, making an appearance or advocating before any officer or employee of such State regulatory authority on behalf of any electric utility with respect to which such State regulatory authority has ratemaking authority in connection with a particular matter in which the electric utility is a party or has a direct and substantial interest and in which the person participated personally and substantially during his or her service or employment with the State regulatory authority;
(2)
prohibits any person described in paragraph (1) from, within 2 years after the termination of his or her service or employment with such State regulatory authority, making an appearance or advocating before any officer or employee of such State regulatory authority on behalf of any electric utility with respect to which such State regulatory authority has ratemaking authority in connection with a particular matter in which the electric utility is a party or has a direct and substantial interest and which such person knows or reasonably should know was actually pending under his or her official responsibility within a period of 1 year before such termination; and
(3)
enforces the prohibitions required under paragraphs (1) and (2), including by investigating complaints, imposing penalties for noncompliance, and allowing affected parties to seek recovery of damages arising from violations.
(b) Determination of compliance
Not later than 1 year after the date of enactment of this section, and annually thereafter, the Secretary shall determine, based on a review of applicable State law, whether each State has in effect the lobbying restrictions described in subsection (a).
(c) Restoration
If the Secretary withholds from a State financial assistance under subsection (a), the Secretary shall grant to the State the withheld financial assistance in the following fiscal year if the State is in compliance for that fiscal year.
(d) Cure period
If the Secretary determines a State does not comply with subsection (a) for a fiscal year, the State shall have 90 days to remedy the noncompliance before the Secretary withholds financial assistance from the State under subsection (a).
(e) Methods of compliance
A State may comply with subsection (a) through any legally binding mechanism under State law, including legislation, administrative rulemaking, or binding orders of a State regulatory authority, provided such mechanism achieves the lobbying restrictions required under such subsection.
(f) Administration
(1) In general
For purposes of carrying out this section, the Secretary shall—
(A)
establish procedures for conducting the annual compliance review under subsection (b);
(B)
maintain a public database that identifies the status of each State’s compliance with subsection (a);
(C)
provide technical assistance to States to comply with subsection (a);
(D)
issue guidance interpreting this section;
(E)
establish a process to appeal a determination by the Secretary that a State does not comply with subsection (a); and
(F)
annually report to Congress on State compliance rates.
(2) Deadline for initial regulations
The Secretary shall promulgate regulations to carry out this section not later than 9 months after the date of enactment of this section.
(g) Definitions
In this section:
(1) Ratemaking authority
The term ratemaking authority has the meaning given such term in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602).
(2) Secretary
The term Secretary means the Secretary of Energy.
(3) State
The term State has the meaning given such term in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202).
(4) State energy program financial assistance
The term State energy program financial assistance means the financial assistance granted to a State under section 363 of the Energy Policy and Conservation Act (42 U.S.C. 6323).
(5) State regulatory authority
The term State regulatory authority has the meaning given such term in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602).