1.This Act may be cited as the
American Energy Independence and
Domestic Refining Capacity Act
.
2.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.
3.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
).
4.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.
5.
(a)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)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).
6.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).
7.Staff of
Commission; experts and consultants
(a)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 lawsThe 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)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.
8.
(a)
(1)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)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)Each
member shall be appointed for the life of the Commission.
(c)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)Members
of the Commission shall be awarded compensation as follows:
(1)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 employeesMembers 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)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)Four
members of the Commission shall constitute a quorum but a lesser number may
hold hearings.
(f)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)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.
9.
(a)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 agentsAny 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)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 servicesThe 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)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.
10.Authorization of
appropriationsThere are
authorized to be appropriated $10,000,000 to carry out this Act.