(ii) the restoration of a position or 
status terminated or adversely affected by 
the order appealed from; and 
(B) shall, unless otherwise ordered by the 
court, be effective pending hearing and deter-
mination of the appeal and compliance by the 
Commission with the final judgment of the 
court rendered in the appeal. 
(c) NOTICE TO INTERESTED PARTIES; FILING OF 
RECORD.— 
(1) NOTICE
TO
INTERESTED
PARTIES.—Not 
later than 5 days after filing a notice of appeal 
under subsection (b), the appellant shall provide, to 
each person shown by the records of the Commission 
to be interested in the appeal, notice of— 
(A) the filing; and 
(B) the pendency of the appeal. 
(2) FILING OF RECORD.—The Commission shall 
file with the court the record upon which the order 
complained of was entered, as provided in section 
2112 of title 28, United States Code. 
(d) INTERVENTION.— 
(1) RIGHT TO INTERVENE.—Not later than 30 
days after the filing of an appeal described in sub-
section (a), any interested party may intervene and 
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participate in the proceedings had upon the appeal 
by filing with the court— 
(A) a notice of intention to intervene and 
a verified statement showing the nature of the 
interest of the person; and 
(B) proof of service of true copies of the 
notice and statement described in subparagraph 
(A) upon— 
(i) the appellant; and 
(ii) the Commission. 
(2) INTERESTED
PARTY.—For purposes of 
paragraph (1), any person who would be aggrieved 
or whose interest would be adversely affected by a 
reversal or modification of the order of the Commis-
sion complained of shall be considered an interested 
party. 
(e) RECORD AND BRIEFS.—The record and briefs 
upon which an appeal described in subsection (a) shall be 
heard and determined by the court shall contain such in-
formation and material, and shall be prepared within such 
time and in such manner, as the court may by rule pre-
scribe. 
(f) TIME
OF HEARING; PROCEDURE.—The court 
shall hear and determine an appeal described in subsection 
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(a) upon the record before it in the manner prescribed by 
section 706 of title 5, United States Code. 
(g) REMAND.—If the court renders a decision and en-
ters an order reversing the order of the Commission— 
(1) the court shall remand the case to the Com-
mission to carry out the judgment of the court; and 
(2) the Commission, in the absence of pro-
ceedings to review the judgment under paragraph 
(1) or (2) of subsection (i), shall forthwith give ef-
fect to the judgment, and unless otherwise ordered 
by the court, shall do so upon the basis of— 
(A) the proceedings already had; and 
(B) the record upon which the appeal was 
heard and determined. 
(h) JUDGMENT FOR COSTS.—The court may, in its 
discretion, enter judgment for costs in favor of or against 
an appellant, or other interested parties intervening in the 
appeal, but not against the Commission, depending upon 
the nature of the issues involved in the appeal and the 
outcome of the appeal. 
(i) FINALITY OF DECISION; REVIEW BY SUPREME 
COURT.—The judgment of a court of appeals under this 
section shall be final, subject to review by the Supreme 
Court of the United States— 
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(1) upon writ of certiorari on petition therefor 
under section 1254 of title 28, United States Code, 
by— 
(A) the appellant; 
(B) the Commission; or 
(C) any interested party intervening in the 
appeal; or 
(2) by certification by the court of appeals 
under such section 1254. 
SEC. 17. REPORT TO CONGRESS. 
(a) IN GENERAL.—Not earlier than 5 years after the 
date of enactment of this Act, the President shall establish 
an independent panel to— 
(1) comprehensively study the policies, oper-
ations, and regulations of the Commission; and 
(2) submit an in-depth report to the congres-
sional committees of jurisdiction, including the Com-
mittee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Com-
merce of the House of Representatives, that in-
cludes— 
(A) an evaluation of the effectiveness of 
the Commission in achieving the purposes 
under section 4(b); 
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(B) recommended reforms to strengthen 
the Commission; and 
(C) a recommendation regarding whether 
the Commission should continue in effect. 
(b) MEMBERSHIP.—The independent panel estab-
lished under subsection (a) shall consist of 10 members, 
of whom— 
(1) 2 shall be appointed by the President; 
(2) 2 shall be appointed by the majority leader 
of the Senate; 
(3) 2 shall be appointed by the minority leader 
of the Senate; 
(4) 2 shall be appointed by the Speaker of the 
House of Representatives; and 
(5) 2 shall be appointed by the minority leader 
of the House of Representatives. 
SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Com-
mission to carry out the functions of the Commission— 
(1) $100,000,000 for fiscal year 2023; 
(2) $200,000,000 for fiscal year 2024; 
(3) $300,000,000 for fiscal year 2025; 
(4) $450,000,000 for fiscal year 2026; and 
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(5) $500,000,000 for each of fiscal years 2027 
through 2032. 
Æ 
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