HR 4777 IH

To establish the Commission on Gasoline and Fuel Pricing.

June 28, 2000

Ms. KAPTUR introduced the following bill; which was referred to the Committee on Commerce

To establish the Commission on Gasoline and Fuel Pricing.

Be it enacted by the Senate and House of Representatives 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 increase 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 transportation 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 historically 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, refiner dealer, and distributor market manipulations, as well as Government regulations relating to reformulated 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 System.

(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 Commission 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 Director 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 appropriate.

(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 competitive 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 payable for GS-14 of the General Schedule.

(d) EXPERTS AND CONSULTANTS- With the approval of the Commission, the Director may procure temporary 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 Schedule.

(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 hearings, 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 member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized 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 Commission, the head of that department or agency shall furnish that information to the Commission.

(d) MAILS- The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

(e) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary 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 relating to any matter which the Commission is empowered to investigate by section 3. The attendance of witnesses and the production of evidence may be required 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 person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, 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 Procedure for the United States district courts.

(4) SERVICE OF PROCESS- All process of any court to which application is be made under paragraph (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 Congress not later than October 1, 2000. The report shall contain 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 submitting 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 committees) 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))) authorized by this Act shall be effective only to such extent and in such amounts as are provided in appropriation Acts.

END