I
106TH CONGRESS
2D SESSION
H. R. 4777
To establish the Commission on Gasoline and Fuel Pricing.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 2000
Ms. KAPTUR introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To establish the Commission on Gasoline and Fuel Pricing.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Commission on Gasoline and Fuel Pricing Act of 2000’’.
(b) FINDINGS.—Congress finds the following:
(1) During the first 6 months of the year 2000,
gasoline and natural gas prices increased as much as
100 percent in several regions of the United States.
(2) For many families and businesses, the in-
crease in gasoline prices has become an emergency
as costs are rising faster than their ability to keep
pace.
(3) Trucking and transport firms, petroleum
fuel-dependent businesses, homeowners, farmers,
and even charitable organizations whose transpor-
tation budgets are being pushed over their projected
expenditures are feeling the crunch of rising fuel
prices.
(4) The growing dependence of the United
States economy on foreign oil is a national strategic
vulnerability, as imported crude has doubled in price
to over $30 per barrel with resulting price increases
being passed on to consumers. In regions such as
the Midwest, gasoline is selling at the pump for
$2.00 per gallon or more.
(5) Refining capacity in the United States has
diminished over the past 20 years, resulting in his-
torically low fuel reserves in most regions of the
United States.
SEC. 2. ESTABLISHMENT.
There is established a commission to be known as the
‘‘Commission on Gasoline and Fuel Pricing’’ (in this Act
referred to as the ‘‘Commission’’).
SEC. 3. DUTIES OF COMMISSION.
The duties of the Commission shall be to—
(1) ascertain reasons for the spiraling, atypical
increase in retail prices of gasoline on both regional
and national levels;
(2) determine to what extent the increased price
of gasoline is caused by market manipulation and
the anticompetitive practices of multinational oil
companies, OPEC production quotas, processor, re-
finer dealer, and distributor market manipulations,
as well as Government regulations relating to refor-
mulated gas and other environmental standards; and
(3) make recommendations as to how the
United States can move toward domestic energy self-
sufficiency in this decade.
SEC. 4. MEMBERSHIP.
(a) NUMBER AND APPOINTMENT.—The Commission
shall be composed of 5 members appointed as follows:
(1) 2 members appointed by the President.
(2) 2 members appointed by the Congress.
(3) 1 member appointed by the Chairperson of
the Board of Governors of the Federal Reserve Sys-
tem.
(b) TERMS.—Each member shall be appointed for the
life of the Commission.
(c) BASIC PAY.—Members shall serve without pay.
(d) TRAVEL EXPENSES.—Each member shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 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) CHAIRPERSON.—The Chairperson of the Commis-
sion shall be elected by the members.
(g) MEETINGS.—The Commission shall meet at the
call of the Chairperson or a majority of its members.
SEC. 5. DIRECTOR AND STAFF OF COMMISSION; EXPERTS
AND CONSULTANTS.
(a) DIRECTOR.—The Commission shall have a Direc-
tor who shall be appointed by a majority of the members
of the Commission.
(b) STAFF.—With the approval of the Commission,
and without regard to section 5311(b) of title 5, United
States Code, the Director may appoint and fix the pay
of additional personnel as the Director considers appro-
priate.
(c) APPLICABILITY
OF CERTAIN CIVIL SERVICE
LAWS.—The Director and staff of the Commission may
be appointed without regard to the provisions of title 5,
United States Code, governing appointments in the com-
petitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53
of that title relating to classification and General Schedule
pay rates, except that an individual so appointed may not
receive pay in excess of the annual rate of basic pay pay-
able for GS–14 of the General Schedule.
(d) EXPERTS
AND CONSULTANTS.—With the ap-
proval of the Commission, the Director may procure tem-
porary and intermittent services 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 payable for GS–14 of the General Sched-
ule.
(e) STAFF OF FEDERAL AGENCIES.—Upon request
of the Commission, the head of any Federal department
or agency may detail, on a reimbursable basis, any of the
personnel of that department or agency to the Commission
to assist it in carrying out its duties under this Act.
SEC. 6. POWERS OF COMMISSION.
(a) HEARINGS
AND SESSIONS.—The Commission
may, for the purpose of carrying out this Act, hold hear-
ings, 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.
(b) POWERS OF MEMBERS AND AGENTS.—Any mem-
ber or agent of the Commission may, if authorized by the
Commission, take any action which the Commission is au-
thorized 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 Chairperson of the Com-
mission, the head of that department or agency shall fur-
nish that information to the Commission.
(d) MAILS.—The Commission may use the United
States mails in the same manner and under the same con-
ditions as other departments and agencies of the United
States.
(e) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Commission, the Administrator of Gen-
eral Services shall provide to the Commission, on a reim-
bursable basis, the administrative support services nec-
essary for the Commission to carry out its responsibilities
under this Act.
(f) SUBPOENA POWER.—
(1) IN GENERAL.—The Commission may issue
subpoenas requiring the attendance and testimony of
witnesses and the production of any evidence relat-
ing to any matter which the Commission is empow-
ered to investigate by section 3. The attendance of
witnesses and the production of evidence may be re-
quired from any place within the United States at
any designated place of hearing within the United
States.
(2) FAILURE TO OBEY A SUBPOENA.—If a per-
son refuses to obey a subpoena issued under para-
graph (1), the Commission may apply to a United
States district court for an order requiring that per-
son to appear before the Commission to give testi-
mony, produce evidence, or both, relating to the
matter under investigation. The application may be
made within the judicial district where the hearing
is conducted or where that person is found, resides,
or transacts business. Any failure to obey the order
of the court may be punished by the court as civil
contempt.
(3) SERVICE OF SUBPOENAS.—The subpoenas
of the Commission shall be served in the manner
provided for subpoenas issued by a United States
district court under the Federal Rules of Civil Pro-
cedure for the United States district courts.
(4) SERVICE OF PROCESS.—All process of any
court to which application is be made under para-
graph (2) may be served in the judicial district in
which the person required to be served resides or
may be found.
SEC. 7. REPORT.
The Commission shall transmit a report to the Con-
gress not later than October 1, 2000. The report shall con-
tain a detailed statement of the findings and conclusions
of the Commission, together with its recommendations for
legislation the Commission considers appropriate.
SEC. 8. TERMINATION.
The Commission shall terminate 60 days after sub-
mitting its final report pursuant to section 7. Section
14(a)(2)(B) of the Federal Advisory Committee Act (5
U.S.C. App.; relating to the termination of advisory com-
mittees) shall not apply to the Commission.
SEC. 9. BUDGET ACT COMPLIANCE.
Any spending authority (as defined in subparagraphs
(A) and (C) of section 401(c)(2) of the Congressional
Budget Act of 1974 (2 U.S.C. 651(c)(2)(A) and (C))) au-
thorized by this Act shall be effective only to such extent
and in such amounts as are provided in appropriation
Acts.
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