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.