(1) The Federal Government has a vested inter-
est in promoting domestic energy independence. 
(2) Federal incentives, including public-private 
partnerships, tax incentives, loan guarantees, and di-
rect 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 devel-
oping nations increase their consumption. 
(4) Due to a variety of factors, the refining in-
dustry has seen a number of refinery closures. 
(5) These closures leads to a number of difficul-
ties, 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 gaso-
line from foreign countries, and less energy inde-
pendence. 
(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. 
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SEC. 3. ESTABLISHMENT. 
There is established a commission to be known as the 
‘‘Commission on Energy Independence and Domestic Re-
fining Capacity’’ (in this Act referred to as the ‘‘Commis-
sion’’). 
SEC. 4. REQUESTING STUDIES. 
The President may request the Commission to con-
duct a study described in section 5(a) to determine wheth-
er the consolidation or closing of a refinery will result in 
an adverse decline in the Nation’s domestic refining capac-
ity. 
SEC. 5. DUTIES OF THE COMMISSION. 
(a) STUDIES.—Upon receipt of a request under sec-
tion 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 con-
sequences of Federal partnerships and incentives on 
growth within the industry; 
(4) the potential benefits of reinvesting a por-
tion of revenues from public-private partnerships 
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into energy related science, technology, engineering, 
and mathematics education, and seeding future fed-
erally funded energy research; and 
(5) the types of Federal incentives that could be 
used to maintain domestic refining capacity includ-
ing— 
(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 re-
quest 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 consoli-
dation or closure will have an adverse affect on the Na-
tion’s domestic refining capacity, the Secretary of Energy 
(in this Act referred to as the ‘‘Secretary’’) may offer Fed-
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eral incentives to prevent the diminishment of refining ca-
pacity. These incentives include— 
(1) formation of public-private partnerships to 
increase the Nation’s refining capacity; and 
(2) incentives designed to increase domestic re-
fining capacity, including the incentives described in 
section 5(a)(5). 
SEC. 7. STAFF OF COMMISSION; EXPERTS AND CONSULT-
ANTS. 
(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 classi-
fication 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. 
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(c) EXPERTS AND CONSULTANTS.—The Commission 
may procure temporary and intermittent services of ex-
perts 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 Representa-
tives. 
(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 
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qualified to serve on the Commission by virtue of 
their education, training, or experience, particularly 
in the fields of scientific research and commercializa-
tion. 
(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 FED-
ERAL
EMPLOYEES.—Members of the Commission 
who are full-time officers or employees of the United 
States or Members of Congress may not receive ad-
ditional pay, allowances, or benefits by reason of 
their service on the Commission. 
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(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 ap-
propriations 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 hear-
ings, 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 Com-
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mittee on Oversight and Government Reform of the House 
of Representatives or the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate. 
(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 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 Adminis-
trator 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 Com-
mission in such amounts as may be agreed upon by the 
Chair of the Commission and the Administrator of Gen-
eral Services. 
(e) CONTRACT AUTHORITY.—To the extent or in the 
amounts provided in advance in appropriation Acts, the 
Commission may contract with and compensate govern-
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ment and private agencies or persons for supplies, serv-
ices, and property. 
SEC. 10. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated $10,000,000 
to carry out this Act. 
Æ 
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