[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4228 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4228

   To amend the Department of Energy Organization Act to establish a 
 biennial commission to develop a comprehensive energy policy for the 
                             United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 2, 2017

  Mr. McKinley (for himself and Ms. DeGette) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Department of Energy Organization Act to establish a 
 biennial commission to develop a comprehensive energy policy for the 
                             United States.

    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 ``Biennial Commission on Energy Policy 
Act of 2017''.

SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGANIZATION ACT.

    (a) In General.--Title VIII of the Department of Energy 
Organization Act (42 U.S.C. 7321) is amended by striking sections 801 
and 802 and inserting the following new sections:

``SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY.

    ``(a) Establishment.--There is established a commission to be known 
as the `Biennial Commission on Energy Policy' (in this title referred 
to as the `Commission').
    ``(b) Membership.--
            ``(1) Number and appointment.--The Commission shall be 
        composed of 15 members appointed in the following manner:
                    ``(A) The President shall appoint 3 members.
                    ``(B) The Speaker of the House of Representatives 
                shall appoint 3 members.
                    ``(C) The minority leader of the House of 
                Representatives shall appoint 3 members.
                    ``(D) The majority leader of the Senate shall 
                appoint 3 members.
                    ``(E) The minority leader of the Senate shall 
                appoint 3 members.
            ``(2) Deadline for appointment.--Members of the Commission 
        shall be appointed not later than 30 days after the first day 
        of the first session of the 116th Congress.
            ``(3) Terms.--Members shall be appointed for a term of 2 
        years.
            ``(4) Consultation.--The President and Members of Congress 
        specified in paragraph (1) shall consult with each other before 
        appointing members to the Commission to achieve, to the maximum 
        extent practicable, a diversity of experience and expertise in 
        the membership of the Commission.
            ``(5) Vacancies.--Any vacancy on the Commission shall not 
        affect its powers, but shall be filled in the same manner in 
        which the original appointment was made. A member appointed to 
        fill a vacancy occurring before the expiration of the term for 
        which such member's predecessor was appointed shall be 
        appointed for the remainder of that term.
            ``(6) Qualifications.--Each member appointed to the 
        Commission shall have professional experience in one or more of 
        the following areas:
                    ``(A) Governmental service.
                    ``(B) Energy production.
                    ``(C) Renewable energy resource development.
                    ``(D) Energy law.
                    ``(E) Public administration.
                    ``(F) Fossil fuel production.
                    ``(G) Energy efficiency.
                    ``(H) Environmental policy.
                    ``(I) Labor.
                    ``(J) Workplace safety.
                    ``(K) Commerce and trade.
                    ``(L) Corporate policies.
                    ``(M) Infrastructure.
                    ``(N) Foreign affairs.
            ``(7) Political affiliation.--Not more than 8 members of 
        the Commission shall be affiliated with the same political 
        party.
            ``(8) Restriction on government employees.--No individual 
        may serve as a member of the Commission while employed as an 
        officer or employee of the Federal Government or any State or 
        local government.
            ``(9) Basic pay.--Each member of the Commission shall be 
        compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule for each day (including travel time) during 
        which the member is engaged in the performance of the duties of 
        the Commission.
            ``(10) Travel expenses.--Each member of the Commission 
        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.
    ``(c) Structure of Commission.--
            ``(1) Commencement.--The Commission shall meet and begin 
        operations not later than 30 days after the date on which all 
        members of the Commission have been appointed.
            ``(2) Chairperson; vice chairperson.--The chairperson and 
        vice chairperson of the Commission shall be selected by the 
        members.
            ``(3) Subcommittees.--Upon majority vote of the members, 
        the Commission may create subcommittees composed of less than 
        the full membership of the Commission to carry out specified 
        duties of the Commission.
            ``(4) Quorum.--Six members of the Commission shall 
        constitute a quorum.
            ``(5) Meetings.--
                    ``(A) In general.--After its initial meeting, the 
                Commission shall meet upon the call of the chairperson 
                or a majority of its members.
                    ``(B) Stakeholder meetings.--The Commission shall 
                conduct a quarterly meeting of stakeholders to assist 
                the Commission in carrying out its duties. The first 
                meeting shall be held not later than 90 days after the 
                date on which all members of the Commission have been 
                appointed. Subsequent meetings shall be held until the 
                Commission submits its final report.
                    ``(C) Attendance at stakeholder meetings.--Members 
                shall be encouraged to attend stakeholder meetings held 
                pursuant to subparagraph (B) either in person or via 
                teleconference.

``SEC. 802. DUTIES AND POWERS OF THE COMMISSION.

    ``(a) Duties.--
            ``(1) In general.--The Commission shall carry out the tasks 
        described in paragraph (2) and make recommendations for 
        legislative and administrative actions to create an integrated 
        and comprehensive energy policy for the United States.
            ``(2) Tasks.--To carry out paragraph (1), the Commission 
        shall--
                    ``(A) analyze the accessibility, affordability, 
                reliability, resiliency, and sustainability of the 
                energy sources in the United States, including coal, 
                oil, natural gas, wind, solar, nuclear, hydropower, 
                geothermal, and biofuels;
                    ``(B) assess policy options to increase domestic 
                energy supplies and energy efficiency;
                    ``(C) evaluate energy storage, transmission, and 
                distribution requirements that shall include 
                intermittent energy sources;
                    ``(D) analyze the prospective role of stakeholders, 
                including academia, industry representatives, the 
                public, Federal laboratories (as defined in section 4 
                of the Stevenson-Wydler Technology Innovation Act of 
                1980 (15 U.S.C. 3703)), and Federal agencies in 
                creating an integrated and comprehensive energy policy;
                    ``(E) assess the effectiveness of and need for 
                energy programs, including tax incentives, funding 
                mechanisms, and energy subsidies;
                    ``(F) make recommendations for changes to the 
                organization of executive branch entities to facilitate 
                the development and implementation of national energy 
                objectives;
                    ``(G) study relevant matters, as determined by the 
                Commission, raised at the stakeholder meetings 
                described in section 801(c)(5)(B); and
                    ``(H) study other relevant matters as determined by 
                the Commission.
            ``(3) Materials studied.--The Commission shall review 
        materials on energy, including--
                    ``(A) enacted and proposed Federal and State laws, 
                regulations, policies, and programs;
                    ``(B) information developed by relevant 
                governmental and nongovernmental agencies, including 
                Federal laboratories;
                    ``(C) scientific and technical literature and 
                publications; and
                    ``(D) studies conducted by other entities.
    ``(b) Reports.--
            ``(1) Progress reports.--Not later than July 1 of the first 
        and third year of each Presidential term, the Commission shall 
        submit progress reports to Congress describing the activities 
        of the Commission and a summary of the information gathered 
        pursuant to subsection (a).
            ``(2) In general.--Not later than July 1 of the second and 
        fourth year of each Presidential term, the Commission shall 
        submit to Congress a report that shall include--
                    ``(A) the findings and conclusions of the 
                Commission based on tasks carried out pursuant to 
                subsection (a)(2); and
                    ``(B) recommendations for legislative and 
                administrative actions described in subsection (a)(1).
            ``(3) Publication.--Reports submitted pursuant to paragraph 
        (2) shall be made publicly available via a website.
    ``(c) Powers.--
            ``(1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out this section, hold hearings, sit and 
        act at times and places, take testimony, and receive evidence 
        as the Commission considers appropriate. The Commission may 
        administer oaths or affirmations to witnesses appearing before 
        it.
            ``(2) Powers of subcommittees.--Any subcommittee created 
        pursuant to section 801(c)(3) may, if authorized by the 
        Commission, take any action which the Commission is authorized 
        to take by this title.
            ``(3) Gifts.--The Commission may accept, use, and dispose 
        of gifts or donations of services or property.
            ``(4) Postal services.--The Commission may use the United 
        States mails in the same manner and under the same conditions 
        as Federal departments and agencies.
            ``(5) Contract authority.--To the extent or in the amounts 
        provided in advance in appropriation Acts, the Commission may 
        contract with government and private agencies or persons for 
        the purpose of carrying out this section, without regard to 
        section 6101 of title 41, United States Code.
            ``(6) 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 title. 
        Upon request of the chairperson, vice chairperson, or a 
        subcommittee of the Commission, the head of such department or 
        agency shall furnish such information to the Commission.

``SEC. 803. PERSONNEL MATTERS.

    ``(a) Executive Director and Staff.--The chairperson of the 
Commission may, without regard to the provisions of title 5, United 
States Code, governing appointments in the competitive service, appoint 
and terminate an executive director and not more than five additional 
staff members. The employment of an executive director shall be subject 
to confirmation by the Commission.
    ``(b) Pay.--The chairperson of the Commission may fix the 
compensation of the executive director and staff without regard to the 
provisions of chapter 51 and subchapter III of chapter 53 of title 5, 
United States Code, relating to classification and General Schedule pay 
rates, except that an individual appointed under subsection (a) may not 
receive pay in excess of the annual rate of basic pay for level V of 
the Executive Schedule.
    ``(c) Detail of Government Employees.--Upon request of the 
chairperson of the Commission, the head of any department or agency of 
the Federal Government may detail, on a nonreimbursable basis, any 
personnel of the department or agency to the Commission to assist the 
Commission in carrying out its duties.
    ``(d) Procurement of Temporary and Intermittent Services.--The 
chairperson of the Commission may procure temporary and intermittent 
services under section 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equivalent of the annual 
rate of basic pay prescribed for level IV of the Executive Schedule 
under section 5315 of such title.

``SEC. 804. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated $3,000,000 to the 
Secretary of Energy, without fiscal year limitation, to carry out this 
title.''.
    (b) Table of Contents Amendments.--The table of contents of such 
Act is amended by striking the items relating to sections 801 and 802 
and inserting the following:

``801. Biennial Commission on Energy Policy.
``802. Duties and powers of the Commission.
``803. Personnel matters.
``804. Authorization of appropriations.''.

SEC. 3. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on the first day 
of the first session of the 116th Congress.
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