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 comprehen-
sive energy policy for the United States. 
Be it enacted by the Senate and House of Representa-
tives 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 2013’’. 
SEC. 2. AMENDMENT TO DEPARTMENT OF ENERGY ORGA-
NIZATION ACT. 
(a) IN GENERAL.—Title VIII of the Department of 
Energy Organization Act (42 U.S.C. 7321) is amended 
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by striking sections 801 and 802 and inserting the fol-
lowing new sections: 
‘‘SEC. 801. BIENNIAL COMMISSION ON ENERGY POLICY. 
‘‘(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘Biennial Commission on En-
ergy Policy’ (in this title referred to as the ‘Commission’). 
‘‘(b) MEMBERSHIP.— 
‘‘(1) NUMBER AND APPOINTMENT.—The Com-
mission shall be composed of 15 members appointed 
in the following manner— 
‘‘(A) The President shall appoint 3 mem-
bers. 
‘‘(B) The Speaker of the House of Rep-
resentatives 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 30 
days after the first day of the first session of the 
114th Congress. 
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‘‘(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 mem-
bers to the Commission to achieve, to the maximum 
extent practicable, a diversity of experience and ex-
pertise in the membership of the Commission. 
‘‘(5) VACANCIES.—Any vacancy on the Com-
mission shall not affect its powers, but shall be filled 
in the same manner in which the original appoint-
ment was made. A member appointed to fill a va-
cancy 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 
ap-
pointed to the Commission shall have professional 
experience in 1 or more of the following areas: 
‘‘(A) Governmental service. 
‘‘(B) Energy production. 
‘‘(C) Renewable energy resource develop-
ment. 
‘‘(D) Energy law. 
‘‘(E) Public administration. 
‘‘(F) Fossil fuel production. 
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‘‘(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 EMPLOY-
EES.—No individual may serve as a member of the 
Commission while employed as an officer or em-
ployee of the Federal Government or any State or 
local government. 
‘‘(9) BASIC PAY.—Each member of the Com-
mission shall be compensated at a rate equal to the 
daily equivalent of the annual rate of basic pay pre-
scribed 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, includ-
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ing 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 Commis-
sion 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 sub-
committees composed of less than the full member-
ship of the Commission to carry out specified duties 
of the Commission. 
‘‘(4) QUORUM.—Six members of the Commis-
sion shall constitute a quorum. 
‘‘(5) MEETINGS.— 
‘‘(A) IN GENERAL.—After its initial meet-
ing, 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 car-
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‘‘(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 Commis-
sion 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 re-
port that shall include— 
‘‘(A) the findings and conclusions of the 
Commission based on tasks carried out pursu-
ant to subsection (a)(2); and 
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‘‘(B) recommendations for legislative and 
administrative actions described in subsection 
(a)(1). 
‘‘(3) PUBLICATION.—Reports submitted pursu-
ant to paragraph (2) shall be made publicly available 
via a website. 
‘‘(c) POWERS.— 
‘‘(1) HEARINGS AND SESSIONS.—The Commis-
sion may, for the purpose of carrying out this sec-
tion, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commis-
sion considers appropriate. The Commission may ad-
minister oaths or affirmations to witnesses appear-
ing before it. 
‘‘(2) POWERS OF SUBCOMMITTEES.—Any sub-
committee created pursuant to section 801(c)(3) 
may, if authorized by the Commission, take any ac-
tion 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 prop-
erty. 
‘‘(4) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
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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 
3709 of the Revised Statutes (41 U.S.C. 5). 
‘‘(6) OBTAINING
OFFICIAL
DATA.—The Com-
mission 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 Com-
mission. 
‘‘SEC. 803. PERSONNEL MATTERS. 
‘‘(a) EXECUTIVE DIRECTOR AND STAFF.—The chair-
person of the Commission may, without regard to the pro-
visions of title 5, United States Code, governing appoint-
ments 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. 
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‘‘(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 sub-
chapter III of chapter 53 of title 5, United States Code, 
relating to classification and General Schedule pay rates, 
except that an individual appointed under paragraph (1) 
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 INTERMIT-
TENT 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 5316 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.’’. 
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(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 fol-
lowing: 
‘‘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 114th Congress. 
Æ 
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