[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2147 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2147

To establish the Global Warming Economic Oversight Commission to study 
   and report on the use by the Federal Government of funds from any 
 auction or sale of greenhouse gas emissions allowances, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2009

   Mr. Hodes (for himself, Mr. Connolly of Virginia, Mr. Israel, Mr. 
Braley of Iowa, and Mr. Tonko) introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To establish the Global Warming Economic Oversight Commission to study 
   and report on the use by the Federal Government of funds from any 
 auction or sale of greenhouse gas emissions allowances, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Global Warming Economic Oversight 
Act of 2009''.

SEC. 2. GLOBAL WARMING ECONOMIC OVERSIGHT COMMISSION.

    (a) Establishment.--There is hereby established the Global Warming 
Economic Oversight Commission (hereafter in this section referred to as 
the ``Commission'').
    (b) Duties.--
            (1) Ongoing review.--
                    (A) In general.--The Commission shall conduct 
                ongoing oversight of, and submit reports to the 
                appropriate committees of the Congress on, the use by 
                the Federal Government of funds from any auction or 
                sale of greenhouse gas emissions allowances.
                    (B) Definition.--In subparagraph (A), the term 
                ``appropriate committees of the Congress'' means--
                            (i) the Committees on Commerce, Science, 
                        and Transportation, Energy and Natural 
                        Resources, Environment and Public Works, 
                        Health, Education, Labor, and Pensions, and 
                        Small Business and Entrepreneurship of the 
                        Senate; and
                            (ii) the Committees on Education and Labor, 
                        Energy and Commerce, Oversight and Government 
                        Reform, and Small Business of the House of 
                        Representatives.
            (2) Reporting.--The Commission shall submit a report under 
        paragraph (1)--
                    (A) not later than 3 months after the first auction 
                or sale of greenhouse gas emissions allowances by any 
                agency or instrumentality of the United States; and
                    (B) not less than every 6 months thereafter.
            (3) Focus.--In conducting oversight and submitting reports 
        under this section, the Commission shall focus on the 
        following:
                    (A) New jobs.--The use of funds described in 
                paragraph (1) to create new jobs in industries that 
                produce renewable energy.
                    (B) Preservation of existing jobs.--The use of such 
                funds to preserve jobs in existing, previously carbon-
                intensive industries.
                    (C) Assisting with effects on low and middle income 
                families.--The use of such funds to assist working 
                families with any increases in the costs of energy, 
                transportation, housing, health care, food, and other 
                necessities that result from Federal statutes designed 
                to limit greenhouse gas emissions.
                    (D) Small businesses.--The use of such funds to 
                assist small businesses with any increases in energy 
                costs that result from Federal statutes designed to 
                limit greenhouse gas emissions, including costs 
                relating to transportation, facilities, and equipment.
    (c) Membership.--
            (1) In general.--The Commission shall consist of 9 members, 
        as follows:
                    (A) 1 member appointed by the Speaker of the House 
                of Representatives, in consultation with the majority 
                leadership of the relevant House committees.
                    (B) 1 member appointed by the minority leader of 
                the House of Representatives, in consultation with the 
                minority leadership of the relevant House committees.
                    (C) 1 member appointed by the majority leader of 
                the Senate, in consultation with the majority 
                leadership of the relevant Senate committees.
                    (D) 1 member appointed by the minority leader of 
                the Senate, in consultation with the leadership of the 
                relevant Senate committees.
                    (E) 1 member, who shall serve as the Chair of the 
                Commission, jointly appointed by the Speaker of the 
                House of Representatives and the majority leader of the 
                Senate, after consultation with the minority leader of 
                the Senate and the minority leader of the House of 
                Representatives.
                    (F) The Secretary of Energy (or the Secretary's 
                designee).
                    (G) The Chairperson of the Federal Trade Commission 
                (or the Chairperson's designee).
                    (H) The Administrator of the Small Business 
                Administration (or the Administrator's designee).
                    (I) The Secretary of Labor (or the Secretary's 
                designee).
        All appointed members of the Commission shall be appointed 
        within 30 days of the first posting in the Federal Register of 
        an auction or sale of greenhouse gas emissions allowances by 
        any agency or instrumentality of the United States.
            (2) Pay.--Except as provided in paragraph (3), each member 
        of the Commission shall each be paid at a rate equal to the 
        daily equivalent of the annual rate of basic pay for level IV 
        of the Executive Schedule for each day (including travel time) 
        during which such member is engaged in the actual performance 
        of duties vested in the Commission.
            (3) Prohibition of compensation of federal employees.--
        Members of the Commission who are full-time officers or 
        employees of the United States or Members of Congress may not 
        receive additional pay, allowances, or benefits by reason of 
        their service on the Commission.
            (4) Travel expenses.--Each member of the Commission 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.
            (5) Quorum.--Four members of the Commission shall 
        constitute a quorum but a lesser number may hold hearings.
            (6) Vacancies.--A vacancy on the Commission shall be filled 
        in the manner in which the original appointment was made.
            (7) Meetings.--The Commission shall meet at the call of its 
        Chair or a majority of its members.
    (d) Staff.--
            (1) In general.--The Commission may appoint and fix the pay 
        of any personnel as the Commission considers appropriate.
            (2) Experts and consultants.--The Commission may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code.
            (3) Staff of 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.
    (e) Powers.--
            (1) Hearings and sessions.--The Commission may, for the 
        purpose of carrying out this section, hold hearings, sit and 
        act at times and places, take testimony, and receive evidence 
        as the Commission considers appropriate and may administer 
        oaths or affirmations to witnesses appearing before it.
            (2) 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.
            (3) 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 section. 
        Upon request of the Chair of the Commission, the head of that 
        department or agency shall furnish that information to the 
        Commission.
    (f) Initial Meeting.--The Commission shall meet and begin the 
operations of the Commission within 30 days of the first auction or 
sale of greenhouse gas emissions allowances by any agency or 
instrumentality of the United States.
    (g) Rules of Procedure.--The Commission may establish rules for the 
conduct of the Commission's business, if such rules are not 
inconsistent with this Act or other applicable law.
    (h) Subpoenas.--
            (1) In general.--Subject to paragraph (2), the Commission, 
        for the purpose of carrying out this Act, may require, by 
        subpoena or otherwise, the attendance and testimony of such 
        witnesses and the production of such books, records, 
        correspondence, memoranda, papers, and documents, as the 
        Commission or the Chair of the Commission may determine 
        advisable.
            (2) Subpoenas.--
                    (A) Issuance.--
                            (i) In general.--A subpoena may be issued 
                        under this subsection only--
                                    (I) by the Chair of the Commission; 
                                or
                                    (II) by the affirmative vote of 5 
                                members of the Commission.
                            (ii) Signature.--Subject to clause (i), 
                        subpoenas issued under this subsection may be 
                        issued under the signature of the Chair of the 
                        Commission or any member designated by a 
                        majority of the Commission and may be served by 
                        any person designated by the Chair or by a 
                        member designated by a majority of the 
                        Commission.
                    (B) Enforcement.--
                            (i) In general.--In the case of contumacy 
                        or failure to obey a subpoena issued under 
                        subparagraph (A), the United States district 
                        court for the judicial district in which the 
                        subpoenaed person resides, is served, or may be 
                        found, or where the subpoena is returnable, may 
                        issue an order requiring such person to appear 
                        at any designated place to testify or to 
                        produce documentary or other evidence. Any 
                        failure to obey the order of the court may be 
                        punished by the court as a contempt of that 
                        court.
                            (ii) Additional enforcement.--In the case 
                        of any failure of any witness to comply with 
                        any subpoena or to testify when summoned under 
                        authority of this section, the Commission may, 
                        by majority vote, certify a statement of fact 
                        constituting such failure to the appropriate 
                        United States attorney, who may bring the 
                        matter before the grand jury for its action, 
                        under the same statutory authority and 
                        procedures as if the United States attorney had 
                        received as certification under sections 102 
                        through 104 of the Revised Statutes of the 
                        United States (2 U.S.C. 192 through 194).
    (i) Contracting.--The Commission may, to such extent and in such 
amounts as are provided in advance in appropriation Acts, enter into 
contracts to enable the Commission to discharge its duties under this 
Act.
    (j) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as departments 
and agencies of the United States.
    (k) Volunteer Services.--Notwithstanding section 1342 of title 31, 
United States Code, the Commission may accept and use voluntary and 
uncompensated services as the Commission determines necessary.
    (l) Termination.--The Commission shall terminate 6 months after the 
last (as determined by the Commission) auction or sale of greenhouse 
gas emissions allowances by any agency or instrumentality of the United 
States.
    (m) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission to carry out this Act such sums as may 
be necessary.
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