[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6314 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6314

     To enable the Department of Energy and a Commission on Energy 
   Independence and Domestic Refining Capacity the ability to study, 
recommend, and implement Federal incentive packages that would sustain 
                and increase domestic refining capacity.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 2012

  Mr. Fattah introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To enable the Department of Energy and a Commission on Energy 
   Independence and Domestic Refining Capacity the ability to study, 
recommend, and implement Federal incentive packages that would sustain 
                and increase domestic refining capacity.

    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 ``American Energy Independence and 
Domestic Refining Capacity Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Federal Government has a vested interest in 
        promoting domestic energy independence.
            (2) Federal incentives, including public-private 
        partnerships, tax incentives, loan guarantees, and direct 
        loans, have been used in the past to help foster private sector 
        growth in energy related industries.
            (3) Demand for refined petroleum products continues to rise 
        as the economy recovers and developing nations increase their 
        consumption.
            (4) Due to a variety of factors, the refining industry has 
        seen a number of refinery closures.
            (5) These closures leads to a number of difficulties, 
        including reduction in short-term supply, longer delivery 
        times, higher prices of goods for consumers, increased cost of 
        production for businesses, rising home heating prices, 
        increased importation of gasoline from foreign countries, and 
        less energy independence.
            (6) Reduced refining capacity will only increase pressure 
        on the industry to manage supply and meet demand, as domestic 
        refining capacity shifts and contracts.
            (7) The location of our refining facilities and 
        distribution networks is significant.

SEC. 3. ESTABLISHMENT.

    There is established a commission to be known as the ``Commission 
on Energy Independence and Domestic Refining Capacity'' (in this Act 
referred to as the ``Commission'').

SEC. 4. REQUESTING STUDIES.

    The President may request the Commission to conduct a study 
described in section 5(a) to determine whether the consolidation or 
closing of a refinery will result in an adverse decline in the Nation's 
domestic refining capacity.

SEC. 5. DUTIES OF THE COMMISSION.

    (a) Studies.--Upon receipt of a request under section 4, the 
Commission shall conduct a study to examine--
            (1) the state of the domestic refining industry, including 
        the effect of the consolidation or refinery closure on overall 
        production, domestic economic growth, and national gas prices;
            (2) the possibilities for the Federal Government to form 
        public-private partnerships that would lead to increased 
        domestic refining capacity;
            (3) the potential positive and adverse consequences of 
        Federal partnerships and incentives on growth within the 
        industry;
            (4) the potential benefits of reinvesting a portion of 
        revenues from public-private partnerships into energy related 
        science, technology, engineering, and mathematics education, 
        and seeding future federally funded energy research; and
            (5) the types of Federal incentives that could be used to 
        maintain domestic refining capacity including--
                    (A) tax incentives;
                    (B) loan guarantees;
                    (C) direct loans;
                    (D) grants;
                    (E) land grants;
                    (F) credits;
                    (G) cooperative agreements;
                    (H) preferences; and
                    (I) other competitions.
    (b) Report.--Not later than 3 months after the request for a study, 
the Commission shall submit to the President and Congress a written 
report of the results of the study conducted under subsection (a).

SEC. 6. DUTIES OF THE SECRETARY.

    If the Commission's study finds that a plant consolidation or 
closure will have an adverse affect on the Nation's domestic refining 
capacity, the Secretary of Energy (in this Act referred to as the 
``Secretary'') may offer Federal incentives to prevent the diminishment 
of refining capacity. These incentives include--
            (1) formation of public-private partnerships to increase 
        the Nation's refining capacity; and
            (2) incentives designed to increase domestic refining 
        capacity, including the incentives described in section 
        5(a)(5).

SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Staff.--The Commission may, without regard to section 5311(b) 
of title 5, United States Code, appoint and fix the compensation of 
such personnel as the Commission considers appropriate.
    (b) Applicability of Certain Civil Service Laws.--The staff of the 
Commission may be appointed without regard to the provisions of title 
5, United States Code, governing appointments in the competitive 
service, and without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title relating to classification 
and General Schedule pay rates, except that the compensation of any 
employee of the Commission may not exceed a rate equal to the annual 
rate of basic pay payable for GS-15 of the General Schedule under 
section 5332 of title 5, United States Code.
    (c) Experts and Consultants.--The Commission may procure temporary 
and intermittent services of experts and consultants under section 
3109(b) of title 5, United States Code, but at rates for individuals 
not to exceed the daily equivalent of the maximum annual rate of basic 
pay under section 5332 of such title.

SEC. 8. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) Appointment.--The Commission shall be composed of nine 
        members appointed, not later than 90 days after the date of 
        enactment of this Act, as follows:
                    (A) Three members shall be appointed by the 
                President.
                    (B) Two members shall be appointed by the Speaker 
                of the House of Representatives.
                    (C) One member shall be appointed by the minority 
                leader of the House of Representatives.
                    (D) Two members shall be appointed by the President 
                pro tempore of the Senate.
                    (E) One member shall be appointed by the minority 
                leader of the Senate.
            (2) Qualifications.--All members of the Commission shall be 
        persons who are especially qualified to serve on the Commission 
        by virtue of their education, training, or experience, 
        particularly in the fields of scientific research and 
        commercialization.
    (b) Terms.--Each member shall be appointed for the life of the 
Commission.
    (c) Vacancies.--A vacancy in the Commission shall not affect the 
powers of the Commission and shall be filled in the same manner in 
which the original appointment was made.
    (d) Compensation.--Members of the Commission shall be awarded 
compensation as follows:
            (1) Rates of pay.--Except as provided in paragraph (2), 
        members shall each be paid at a rate equal to the daily 
        equivalent of the annual rate of basic pay for grade GS-15 of 
        the General Schedule for each day (including travel time) 
        during which they are engaged in the actual performance of 
        duties vested in the Commission.
            (2) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States or Members of Congress may not 
        receive additional pay, allowances, or benefits by reason of 
        their service on the Commission.
            (3) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions under subchapter I of 
        chapter 57 of title 5, United States Code.
    (e) Quorum.--Four members of the Commission shall constitute a 
quorum but a lesser number may hold hearings.
    (f) Chair; Vice Chair.--The Commission shall elect a Chair and Vice 
Chair from among its members. The term of office of the Chair and Vice 
Chair shall be for the life of the Commission.
    (g) Meetings.--The Commission shall meet at the call of the 
President not later than 120 days after the date of enactment of this 
Act or not later than 30 days after the date on which legislation is 
enacted making appropriations available to carry out this Act, 
whichever date is later.

SEC. 9. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--The Commission may, for the purpose of 
carrying out this Act, hold hearings, sit and act at times and places, 
take testimony, and receive evidence relating to any matter under 
investigation by the Commission. The Commission may refer requests for 
testimony or evidence that are not fulfilled to the Committee on 
Oversight and Government Reform of the House of Representatives or the 
Committee on Homeland Security and Governmental Affairs of the Senate.
    (b) Powers of Members and Agents.--Any member or agent of the 
Commission may, if authorized by the Commission, take any action which 
the Commission is authorized to take by this section.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out this Act. Upon request of the Chair 
or Vice Chair of the Commission, the head of that department or agency 
shall furnish that information to the Commission.
    (d) Administrative Support Services.--The Commission may enter into 
agreements with the Administrator of General Services for procurement 
of financial and administrative services necessary for the discharge of 
the duties of the Commission. Payment for such services shall be made 
by reimbursement from funds of the Commission in such amounts as may be 
agreed upon by the Chair of the Commission and the Administrator of 
General Services.
    (e) Contract Authority.--To the extent or in the amounts provided 
in advance in appropriation Acts, the Commission may contract with and 
compensate government and private agencies or persons for supplies, 
services, and property.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $10,000,000 to carry out 
this Act.
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