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.