I 

113TH CONGRESS 

1ST SESSION H. R. 3565 

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 20, 2013 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Biennial Commission 

5 on Energy Policy Act of 2013’’. 

6 SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGA7 NIZATION ACT. 

8 (a) IN GENERAL.—Title VIII of the Department of 

9 Energy Organization Act (42 U.S.C. 7321) is amended 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 3565 IH

1 by striking sections 801 and 802 and inserting the fol2 lowing new sections: 

3 ‘‘SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY. 

4 ‘‘(a) ESTABLISHMENT.—There is established a com5 mission to be known as the ‘Biennial Commission on En6 ergy Policy’ (in this title referred to as the ‘Commission’). 

7 ‘‘(b) MEMBERSHIP.— 

8 ‘‘(1) NUMBER AND APPOINTMENT.—The Com9 mission shall be composed of 15 members appointed 

10 in the following manner— 

11 ‘‘(A) The President shall appoint 3 mem12 bers. 

13 ‘‘(B) The Speaker of the House of Rep14 resentatives shall appoint 3 members. 

15 ‘‘(C) The minority leader of the House of 

16 Representatives shall appoint 3 members. 

17 ‘‘(D) The majority leader of the Senate 

18 shall appoint 3 members. 

19 ‘‘(E) The minority leader of the Senate 

20 shall appoint 3 members. 

21 ‘‘(2) DEADLINE FOR APPOINTMENT.—Members 

22 of the Commission shall be appointed not later 30 

23 days after the first day of the first session of the 

24 114th Congress. 


jbell on DSK7SPTVN1PROD with BILLS
3 

•HR 3565 IH

1 ‘‘(3) TERMS.—Members shall be appointed for 

2 a term of 2 years. 

3 ‘‘(4) CONSULTATION.—The President and 

4 Members of Congress specified in paragraph (1) 

5 shall consult with each other before appointing mem6 bers to the Commission to achieve, to the maximum 

7 extent practicable, a diversity of experience and ex8 pertise in the membership of the Commission. 

9 ‘‘(5) VACANCIES.—Any vacancy on the Com10 mission shall not affect its powers, but shall be filled 

11 in the same manner in which the original appoint12 ment was made. A member appointed to fill a va13 cancy occurring before the expiration of the term for 

14 which such member’s predecessor was appointed 

15 shall be appointed for the remainder of that term. 

16 ‘‘(6) QUALIFICATIONS.—Each member ap17 pointed to the Commission shall have professional 

18 experience in 1 or more of the following areas: 

19 ‘‘(A) Governmental service. 

20 ‘‘(B) Energy production. 

21 ‘‘(C) Renewable energy resource develop22 ment. 

23 ‘‘(D) Energy law. 

24 ‘‘(E) Public administration. 

25 ‘‘(F) Fossil fuel production. 


jbell on DSK7SPTVN1PROD with BILLS
4 

•HR 3565 IH

1 ‘‘(G) Energy efficiency. 

2 ‘‘(H) Environmental policy. 

3 ‘‘(I) Labor. 

4 ‘‘(J) Workplace safety. 

5 ‘‘(K) Commerce and trade. 

6 ‘‘(L) Corporate policies. 

7 ‘‘(M) Infrastructure. 

8 ‘‘(N) Foreign affairs. 

9 ‘‘(7) POLITICAL AFFILIATION.—Not more than 

10 8 members of the Commission shall be affiliated 

11 with the same political party. 

12 ‘‘(8) RESTRICTION ON GOVERNMENT EMPLOY13 EES.—No individual may serve as a member of the 

14 Commission while employed as an officer or em15 ployee of the Federal Government or any State or 

16 local government. 

17 ‘‘(9) BASIC PAY.—Each member of the Com18 mission shall be compensated at a rate equal to the 

19 daily equivalent of the annual rate of basic pay pre20 scribed for level IV of the Executive Schedule for 

21 each day (including travel time) during which the 

22 member is engaged in the performance of the duties 

23 of the Commission. 

24 ‘‘(10) TRAVEL EXPENSES.—Each member of 

25 the Commission shall receive travel expenses, includVerDate Mar 15 2010 03:00 Nov 23, 2013 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3565.IH H3565

jbell on DSK7SPTVN1PROD with BILLS
5 

•HR 3565 IH

1 ing per diem in lieu of subsistence, in accordance 

2 with applicable provisions under subchapter I of 

3 chapter 57 of title 5, United States Code. 

4 ‘‘(c) STRUCTURE OF COMMISSION.— 

5 ‘‘(1) COMMENCEMENT.—The Commission shall 

6 meet and begin operations not later than 30 days 

7 after the date on which all members of the Commis8 sion have been appointed. 

9 ‘‘(2) CHAIRPERSON; VICE CHAIRPERSON.—The 

10 chairperson and vice chairperson of the Commission 

11 shall be selected by the members. 

12 ‘‘(3) SUBCOMMITTEES.—Upon majority vote of 

13 the members, the Commission may create sub14 committees composed of less than the full member15 ship of the Commission to carry out specified duties 

16 of the Commission. 

17 ‘‘(4) QUORUM.—Six members of the Commis18 sion shall constitute a quorum. 

19 ‘‘(5) MEETINGS.— 

20 ‘‘(A) IN GENERAL.—After its initial meet21 ing, the Commission shall meet upon the call of 

22 the chairperson or a majority of its members. 

23 ‘‘(B) STAKEHOLDER MEETINGS.—The 

24 Commission shall conduct a quarterly meeting 

25 of stakeholders to assist the Commission in carVerDate Mar 15 2010 03:00 Nov 23, 2013 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3565.IH H3565

jbell on DSK7SPTVN1PROD with BILLS
6 

•HR 3565 IH

1 rying out its duties. The first meeting shall be 

2 held not later than 90 days after the date on 

3 which all members of the Commission have 

4 been appointed. Subsequent meetings shall be 

5 held until the Commission submits its final re6 port. 

7 ‘‘(C) ATTENDANCE AT STAKEHOLDER

8 MEETINGS.—Members shall be encouraged to 

9 attend stakeholder meetings held pursuant to 

10 subparagraph (B) either in person or via tele11 conference. 

12 ‘‘SEC. 802. DUTIES AND POWERS OF THE COMMISSION. 

13 ‘‘(a) DUTIES.— 

14 ‘‘(1) IN GENERAL.—The Commission shall 

15 carry out the tasks described in paragraph (2) and 

16 make recommendations for legislative and adminis17 trative actions to create an integrated and com18 prehensive energy policy for the United States. 

19 ‘‘(2) TASKS.—To carry out paragraph (1), the 

20 Commission shall— 

21 ‘‘(A) analyze the accessibility, affordability, 

22 reliability, resiliency, and sustainability of the 

23 energy sources in the United States, including 

24 coal, oil, natural gas, wind, solar, nuclear, hy25 dropower, geothermal, and biofuels; 


jbell on DSK7SPTVN1PROD with BILLS
7 

•HR 3565 IH

1 ‘‘(B) assess policy options to increase do2 mestic energy supplies and energy efficiency; 

3 ‘‘(C) evaluate energy storage, transmission, 

4 and distribution requirements that shall include 

5 intermittent energy sources; 

6 ‘‘(D) analyze the prospective role of stake7 holders, including academia, industry represent8 atives, the public, Federal laboratories (as de9 fined in section 4 of the Stevenson-Wydler 

10 Technology Innovation Act of 1980 (15 U.S.C. 

11 3703)), and Federal agencies in creating an in12 tegrated and comprehensive energy policy; 

13 ‘‘(E) assess the effectiveness of and need 

14 for energy programs, including tax incentives, 

15 funding mechanisms, and energy subsidies; 

16 ‘‘(F) make recommendations for changes 

17 to the organization of executive branch entities 

18 to facilitate the development and implementa19 tion of national energy objectives; 

20 ‘‘(G) study relevant matters, as determined 

21 by the Commission, raised at the stakeholder 

22 meetings described in section 801(c)(5)(B); and 

23 ‘‘(H) study other relevant matters as de24 termined by the Commission. 


jbell on DSK7SPTVN1PROD with BILLS
8 

•HR 3565 IH

1 ‘‘(3) MATERIALS STUDIED.—The Commission 

2 shall review materials on energy, including— 

3 ‘‘(A) enacted and proposed Federal and 

4 State laws, regulations, policies, and programs; 

5 ‘‘(B) information developed by relevant 

6 governmental and nongovernmental agencies, 

7 including Federal laboratories; 

8 ‘‘(C) scientific and technical literature and 

9 publications; and 

10 ‘‘(D) studies conducted by other entities. 

11 ‘‘(b) REPORTS.— 

12 ‘‘(1) PROGRESS REPORTS.—Not later than July 

13 1 of the first and third year of each Presidential 

14 term, the Commission shall submit progress reports 

15 to Congress describing the activities of the Commis16 sion and a summary of the information gathered 

17 pursuant to subsection (a). 

18 ‘‘(2) IN GENERAL.—Not later than July 1 of 

19 the second and fourth year of each Presidential 

20 term, the Commission shall submit to Congress a re21 port that shall include— 

22 ‘‘(A) the findings and conclusions of the 

23 Commission based on tasks carried out pursu24 ant to subsection (a)(2); and 


jbell on DSK7SPTVN1PROD with BILLS
9 

•HR 3565 IH

1 ‘‘(B) recommendations for legislative and 

2 administrative actions described in subsection 

3 (a)(1). 

4 ‘‘(3) PUBLICATION.—Reports submitted pursu5 ant to paragraph (2) shall be made publicly available 

6 via a website. 

7 ‘‘(c) POWERS.— 

8 ‘‘(1) HEARINGS AND SESSIONS.—The Commis9 sion may, for the purpose of carrying out this sec10 tion, hold hearings, sit and act at times and places, 

11 take testimony, and receive evidence as the Commis12 sion considers appropriate. The Commission may ad13 minister oaths or affirmations to witnesses appear14 ing before it. 

15 ‘‘(2) POWERS OF SUBCOMMITTEES.—Any sub16 committee created pursuant to section 801(c)(3) 

17 may, if authorized by the Commission, take any ac18 tion which the Commission is authorized to take by 

19 this title. 

20 ‘‘(3) GIFTS.—The Commission may accept, use, 

21 and dispose of gifts or donations of services or prop22 erty. 

23 ‘‘(4) POSTAL SERVICES.—The Commission may 

24 use the United States mails in the same manner and 


jbell on DSK7SPTVN1PROD with BILLS
10 

•HR 3565 IH

1 under the same conditions as Federal departments 

2 and agencies. 

3 ‘‘(5) CONTRACT AUTHORITY.—To the extent or 

4 in the amounts provided in advance in appropriation 

5 Acts, the Commission may contract with government 

6 and private agencies or persons for the purpose of 

7 carrying out this section, without regard to section 

8 3709 of the Revised Statutes (41 U.S.C. 5). 

9 ‘‘(6) OBTAINING OFFICIAL DATA.—The Com10 mission may secure directly from any department or 

11 agency of the United States information necessary 

12 to enable it to carry out this title. Upon request of 

13 the chairperson, vice chairperson, or a subcommittee 

14 of the Commission, the head of such department or 

15 agency shall furnish such information to the Com16 mission. 

17 ‘‘SEC. 803. PERSONNEL MATTERS. 

18 ‘‘(a) EXECUTIVE DIRECTOR AND STAFF.—The chair19 person of the Commission may, without regard to the pro20 visions of title 5, United States Code, governing appoint21 ments in the competitive service, appoint and terminate 

22 an executive director and not more than five additional 

23 staff members. The employment of an executive director 

24 shall be subject to confirmation by the Commission. 


jbell on DSK7SPTVN1PROD with BILLS
11 

•HR 3565 IH

1 ‘‘(b) PAY.—The chairperson of the Commission may 

2 fix the compensation of the executive director and staff 

3 without regard to the provisions of chapter 51 and sub4 chapter III of chapter 53 of title 5, United States Code, 

5 relating to classification and General Schedule pay rates, 

6 except that an individual appointed under paragraph (1) 

7 may not receive pay in excess of the annual rate of basic 

8 pay for level V of the Executive Schedule. 

9 ‘‘(c) DETAIL OF GOVERNMENT EMPLOYEES.—Upon 

10 request of the chairperson of the Commission, the head 

11 of any department or agency of the Federal Government 

12 may detail, on a nonreimbursable basis, any personnel of 

13 the department or agency to the Commission to assist the 

14 Commission in carrying out its duties. 

15 ‘‘(d) PROCUREMENT OF TEMPORARY AND INTERMIT16 TENT SERVICES.—The chairperson of the Commission 

17 may procure temporary and intermittent services under 

18 section 3109(b) of title 5, United States Code, at rates 

19 for individuals which do not exceed the daily equivalent 

20 of the annual rate of basic pay prescribed for level IV of 

21 the Executive Schedule under section 5316 of such title. 

22 ‘‘SEC. 804. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘There is authorized to be appropriated $3,000,000 

24 to the Secretary of Energy, without fiscal year limitation, 

25 to carry out this title.’’. 


jbell on DSK7SPTVN1PROD with BILLS
12 

•HR 3565 IH

1 (b) TABLE OF CONTENTS AMENDMENTS.—The table 

2 of contents of such Act is amended by striking the items 

3 relating to sections 801 and 802 and inserting the fol4 lowing: 

‘‘801. Biennial Commission on Energy Policy. 

‘‘802. Duties and powers of the Commission. 

‘‘803. Personnel matters. 

‘‘804. Authorization of appropriations.’’. 

5 SEC. 3. EFFECTIVE DATE. 

6 The amendments made by this Act shall take effect 

7 on the first day of the first session of the 114th Congress. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS