I 
118TH CONGRESS 
1ST SESSION H. R. 5482 
To prevent energy poverty and ensure that at-risk communities have access 
to affordable energy. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2023 
Ms. HAGEMAN (for herself, Mr. NEWHOUSE, Mr. STAUBER, Mrs. BOEBERT, 
Mr. GOSAR, Mr. COLE, Mr. WILLIAMS of New York, Mr. GRAVES of Lou-
isiana, Mr. HERN, Mr. DONALDS, Mr. HUNT, Mrs. MILLER of West Vir-
ginia, and Mr. ZINKE) introduced the following bill; which was referred 
to the Committee on Natural Resources, and in addition to the Commit-
tees on Energy and Commerce, Agriculture, the Budget, and Rules, 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 com-
mittee concerned 
A BILL 
To prevent energy poverty and ensure that at-risk 
communities have access to affordable energy. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energy Poverty Pre-
vention and Accountability Act of 2023’’. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
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(A) has an annual effect on the economy 
of not less than $50,000,000; 
(B) results in a major increase in costs or 
prices for any consumer, industry, agency, or 
geographic region; or 
(C) has a significant adverse effect on 
competition, employment, investment, produc-
tivity, innovation, or the ability of an enterprise 
based in the United States to compete with a 
foreign-based enterprise in a domestic or inter-
national market. 
(4) AT-RISK COMMUNITY.—The term ‘‘at-risk 
community’’ means— 
(A) a low-income community; 
(B) a minority community; 
(C) a rural community; 
(D) an elderly community; or 
(E) an American Indian, Alaska Native, or 
Native Hawaiian community. 
(5) ELDERLY COMMUNITY.—The term ‘‘elderly 
community’’ means a census tract where the major-
ity of the population consists of elderly persons (as 
‘‘elderly person’’ is defined in section 891.205 of 
title 24, Code of Federal Regulations (as in effect on 
the date of the enactment of this Act)). 
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(6) ENERGY POVERTY.—The term ‘‘energy pov-
erty’’ means a condition in which individuals do not 
have access to affordable and reliable energy to 
maintain economic security. 
(7) ENERGY RULE.— 
(A) IN GENERAL.—The term ‘‘energy rule’’ 
means a rule (as defined in section 551 of title 
5, United States Code) promulgated by— 
(i) the Administrator of the Environ-
mental Protection Agency; 
(ii) the Secretary of the Interior; 
(iii) the Secretary of Agriculture; 
(iv) the Secretary of Energy; or 
(v) any other agency the actions of 
which may affect energy poverty in an at- 
risk community. 
(B) INCLUSIONS.—The term ‘‘energy rule’’ 
includes any rule described in subparagraph (A) 
that may result in a change to— 
(i) electricity prices; 
(ii) home heating prices; 
(iii) gasoline prices; 
(iv) oil prices; 
(v) motor vehicle prices; 
(vi) natural gas prices; or 
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(vii) household appliance prices. 
(8) FEDERAL LAND.— 
(A) IN
GENERAL.—The term ‘‘Federal 
land’’ means— 
(i) National Forest System land; 
(ii) public lands (as defined in section 
103 of the Federal Land Policy and Man-
agement Act of 1976 (43 U.S.C. 1702)); 
(iii) the outer Continental Shelf (as 
defined in section 2 of the Outer Conti-
nental Shelf Lands Act (43 U.S.C. 1331)); 
and 
(iv) land managed by the Department 
of Energy. 
(B) 
INCLUSION.—The 
term 
‘‘Federal 
land’’ includes land described in subparagraph 
(A) for which the rights to the surface estate or 
subsurface estate are owned by a non-Federal 
entity. 
(9) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(10) LOW-INCOME
COMMUNITY.—The term 
‘‘low-income community’’ means— 
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(A) a census block group in which the pov-
erty rate for such block group is at least 20 
percent; 
(B) in the case of a block group not lo-
cated within a metropolitan area, the median 
family income for such block group does not ex-
ceed 80 percent of statewide median family in-
come; or 
(C) in the case of a block group located 
within a metropolitan area, the median family 
income for such block group does not exceed 80 
percent of the greater of statewide median fam-
ily income or the metropolitan area median 
family income (as defined in section 45D(e) of 
the Internal Revenue Code of 1986 (26 U.S.C. 
45D(e)). 
(11) MINORITY COMMUNITY.—The term ‘‘mi-
nority community’’ means a census tract where the 
majority of the population consists of minority (as 
defined in section 104A of the Community Develop-
ment Banking and Financial Institutions Act of 
1994 (12 U.S.C. 4703a)) individuals. 
(12) RURAL
COMMUNITY.—The term ‘‘rural 
community’’ means a community that is located in 
an area that is outside of an urbanized area (as de-
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fined in section 5302 of title 49, United States 
Code). 
(13) STATE
RENEWABLE
PORTFOLIO
STAND-
ARD.—The term ‘‘State renewable portfolio stand-
ard’’ means any State regulation that is designed to 
increase the use of renewable energy sources, includ-
ing wind, solar, geothermal, and biomass, to gen-
erate electricity. 
(14) TRIBAL LAND.—The term ‘‘Tribal land’’ 
has the meaning given the term ‘‘Indian land’’ in 
section 2601 of the Energy Policy Act of 1992 (25 
U.S.C. 3501). 
SEC. 4. REPORTS ON ACCESS TO RELIABLE AND AFFORD-
ABLE ENERGY. 
(a) COMPTROLLER
GENERAL.—The Comptroller 
General of the United States, in consultation with each 
relevant agency, shall— 
(1) conduct an analysis of Federal energy laws, 
energy rules, and State renewable portfolio stand-
ards to determine how those laws, rules, and stand-
ards affected at-risk communities during the pre-
ceding fiscal year; 
(2) identify barriers to the ability of at-risk 
communities to access reliable and affordable en-
ergy, including the manner in which the presence of 
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adequate energy transmission infrastructure affects 
that access; and 
(3) develop criteria to determine whether an at- 
risk community is experiencing energy poverty. 
(b) OFFICE OF MANAGEMENT AND BUDGET.—The 
Director of the Office of Management and Budget shall 
review each applicable energy rule to determine if the ap-
plicable energy rule imposes disproportionate financial im-
pacts on at-risk communities relative to the general popu-
lation. 
(c) JOINT REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Comptroller General 
of the United States and the Director of the Office of 
Management and Budget shall jointly submit to Congress 
a report that— 
(1) describes the analysis conducted under sub-
section (a)(1) and the barriers identified under sub-
section (a)(2); 
(2) identifies the at-risk communities that are 
experiencing energy poverty, by location and type; 
and 
(3) provides recommendations on— 
(A) how to reduce energy poverty in at-risk 
communities; and 
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an estimate of how the bill or resolution will affect the 
cost of energy for at-risk communities. 
(b) ENERGY POVERTY STUDY REQUIRED FOR CER-
TAIN EXECUTIVE ACTIVITIES.— 
(1) DEFINITIONS.—In this subsection: 
(A) 
ACTIVITY.—The 
term 
‘‘activity’’ 
means— 
(i) a declaration of a moratorium on 
the leasing of Federal land for the drilling, 
mining, or collection of oil, gas, or coal, or 
related activities unless such moratorium is 
authorized by Federal statute; or 
(ii) an action (including non-action 
with respect to an action directed to be 
carried out by statute or regulation) that 
prohibits or delays, with respect to Federal 
land— 
(I) the issuance of— 
(aa) new oil and gas lease 
sales, oil and gas leases, drill per-
mits, or associated approvals, or 
authorizations of any kind associ-
ated with oil and gas leases; 
(bb) new coal leases (includ-
ing leases by application in proc-
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ess, renewals, modifications, or 
expansions of existing leases), 
permits, approvals, or authoriza-
tions; 
(cc) new mineral patents, 
leases, claims, permits, approvals, 
or authorizations; or 
(II) a withdrawal of Federal land 
from— 
(aa) forms of entry, appro-
priation, or disposal under the 
public land laws; 
(bb) location, entry, and 
patent under the mining laws; or 
(cc) disposition under laws 
pertaining to mineral and geo-
thermal leasing or mineral mate-
rials. 
(B) DESIGNEE OF THE PRESIDENT.—The 
term ‘‘designee of the President’’ means— 
(i) the Secretary of Agriculture; 
(ii) the Secretary of Energy; 
(iii) the Secretary of the Interior; and 
(iv) the Administrator of the Environ-
mental Protection Agency. 
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(C) 
MINERAL.—The 
term 
‘‘mineral’’ 
means any mineral subject to sections 2319 
through 2344 of the Revised Statutes (com-
monly known as the ‘‘Mining Law of 1872’’) 
(30 U.S.C. 22 et seq.), and minerals located on 
lands acquired by the United States (as defined 
in section 2 of the Mineral Leasing Act for Ac-
quired Lands (30 U.S.C. 351)). 
(2) ACTIVITY TO BE CARRIED OUT.—Notwith-
standing any other provision of law, the President, 
or a designee of the President, may carry out an ac-
tivity only if the Secretary of the Interior has ful-
filled the activity requirements described in para-
graph (3) for that activity. 
(3) ACTIVITY REQUIREMENTS.—For each activ-
ity, the Secretary of the Interior shall— 
(A) conduct a study to determine if the ac-
tivity, relative to the general population, is like-
ly to— 
(i) impose disproportionate costs on 
at-risk communities; or 
(ii) increase the likelihood that at-risk 
communities will experience energy poverty 
and job losses; 
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(B) publish the study on a public website 
of the Department of the Interior; and 
(C) submit to Congress a report on the 
study that describes the study findings under 
subparagraph (A). 
(4) ENERGY POVERTY STUDY.— 
(A) IN GENERAL.—On request by an entity 
described in subparagraph (B), a lead agency 
responsible for leasing or permitting an energy 
or mineral development project, pipeline project, 
or transmission project on Federal land, in con-
sultation with another agency with jurisdiction 
over that project, shall conduct a study relating 
to how the project is likely to alleviate energy 
poverty in at-risk communities, including by— 
(i) creating jobs; 
(ii) reducing energy prices; and 
(iii) other relevant measures as deter-
mined by the lead agency, or the entity re-
questing the study. 
(B) STUDY
REQUEST.—An entity spon-
soring an energy or mineral project, pipeline 
project, or transmission project on Federal land 
may request a study for that project pursuant 
to subparagraph (A). 
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(5) MEMORANDUM OF UNDERSTANDING.— 
(A) IN GENERAL.—The lead agency, with 
respect to a project to be studied under para-
graph (4)(A), may not begin the study until the 
lead agency has entered into a memorandum of 
understanding with the entity that requested 
the study. 
(B) REQUIREMENTS.—A memorandum of 
understanding entered into under this para-
graph shall include— 
(i) an agreement regarding a neutral 
third party to conduct the study; 
(ii) a determination of which entity, 
with the consent of that entity, will bear 
the cost of the study, which may include 
stakeholders other than the requestor; and 
(iii) such other aspects of the study 
that the lead agency and the entity that re-
quested the study consider appropriate. 
(c) ENERGY POVERTY STATEMENT.— 
(1) IN GENERAL.—Beginning 30 days after the 
date on which the Director of the Office of Manage-
ment and Budget issues guidance under section 6, 
an agency promulgating any energy rule, including 
any interpretative rule, general statements of policy, 
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