I 
115TH CONGRESS 
1ST SESSION H. R. 4228 
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 2, 2017 
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 2017’’. 
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 than 
30 days after the first day of the first session of the 
116th 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 one 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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rying out its duties. The first meeting shall be 
held not later than 90 days after the date on 
which all members of the Commission have 
been appointed. Subsequent meetings shall be 
held until the Commission submits its final re-
port. 
‘‘(C) 
ATTENDANCE
AT
STAKEHOLDER 
MEETINGS.—Members shall be encouraged to 
attend stakeholder meetings held pursuant to 
subparagraph (B) either in person or via tele-
conference. 
‘‘SEC. 802. DUTIES AND POWERS OF THE COMMISSION. 
‘‘(a) DUTIES.— 
‘‘(1) IN
GENERAL.—The Commission shall 
carry out the tasks described in paragraph (2) and 
make recommendations for legislative and adminis-
trative actions to create an integrated and com-
prehensive energy policy for the United States. 
‘‘(2) TASKS.—To carry out paragraph (1), the 
Commission shall— 
‘‘(A) analyze the accessibility, affordability, 
reliability, resiliency, and sustainability of the 
energy sources in the United States, including 
coal, oil, natural gas, wind, solar, nuclear, hy-
dropower, geothermal, and biofuels; 
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‘‘(B) assess policy options to increase do-
mestic energy supplies and energy efficiency; 
‘‘(C) evaluate energy storage, transmission, 
and distribution requirements that shall include 
intermittent energy sources; 
‘‘(D) analyze the prospective role of stake-
holders, including academia, industry represent-
atives, the public, Federal laboratories (as de-
fined in section 4 of the Stevenson-Wydler 
Technology Innovation Act of 1980 (15 U.S.C. 
3703)), and Federal agencies in creating an in-
tegrated and comprehensive energy policy; 
‘‘(E) assess the effectiveness of and need 
for energy programs, including tax incentives, 
funding mechanisms, and energy subsidies; 
‘‘(F) make recommendations for changes 
to the organization of executive branch entities 
to facilitate the development and implementa-
tion of national energy objectives; 
‘‘(G) study relevant matters, as determined 
by the Commission, raised at the stakeholder 
meetings described in section 801(c)(5)(B); and 
‘‘(H) study other relevant matters as de-
termined by the Commission. 
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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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