[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4219 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4219

      To establish a National Commission on American Recovery and 
                             Reinvestment.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 8, 2009

 Mr. Wilson of South Carolina (for himself, Mr. Kingston, Mr. Inglis, 
 Mr. Broun of Georgia, Mr. Souder, Mr. Barrett of South Carolina, Mrs. 
 Bachmann, Mrs. Blackburn, Mr. Miller of Florida, Mr. Forbes, and Mr. 
    Akin) introduced the following bill; which was referred to the 
                    Committee on Education and Labor

_______________________________________________________________________

                                 A BILL


 
      To establish a National Commission on American Recovery and 
                             Reinvestment.

    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 ``National Commission on American 
Recovery and Reinvestment Act of 2009''.

SEC. 2. ESTABLISHMENT OF COMMISSION.

    There is established in the legislative branch the National 
Commission on American Recovery and Reinvestment (referred to in this 
Act as the ``Commission'').

SEC. 3. COMPOSITION AND PROCEEDINGS.

    (a) Members.--The Commission shall be composed of 10 members, of 
whom--
            (1) 1 member shall be appointed by the President;
            (2) 1 member shall be appointed by the minority leader of 
        the Senate in consultation with the minority leader of the 
        House of Representatives;
            (3) 2 members shall be appointed by the majority leader of 
        the Senate;
            (4) 2 members shall be appointed by the minority leader of 
        the Senate;
            (5) 2 members shall be appointed by the majority leader of 
        the House of Representatives; and
            (6) 2 members shall be appointed by the minority leader of 
        the House of Representatives.
    (b) Political Affiliation.--Not more than 5 members of the 
Commission may be of the same political party.
    (c) Non-Governmental Appointees.--An individual is not eligible for 
appointment as a member of the Commission if the individual is an 
officer or employee of the Federal Government or any State or local 
government.
    (d) Deadline for Appointments.--The members of the Commission shall 
be appointed before the end of the period of 30 days beginning with the 
day on which this Act is enacted.
    (e) Vacancies.--If a vacancy occurs in the membership of the 
Commission it shall be filled in the manner in which the original 
appointment was made.
    (f) Chairperson; Vice Chairperson.--
            (1) Chairperson.--The member appointed under subsection 
        (a)(1) shall be the chairperson of the Commission (referred to 
        in this Act as the ``chairperson'').
            (2) Vice chairperson.--The member appointed under 
        subsection (a)(2) shall be the vice chairperson of the 
        Commission (referred to in this Act as the ``vice 
        chairperson'').
    (g) Proceedings.--
            (1) Meetings.--The Commission shall meet at the call of the 
        chairperson or a majority of its members. The Commission shall 
        hold its meetings in public to the extent that the Commission 
        considers it appropriate to do so.
            (2) Quorum.--Six members of the Commission shall constitute 
        a quorum.
            (3) Vacancies not to affect duties or powers.--A vacancy in 
        the membership of the Commission does not affect its duties or 
        powers.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) In General.--The Commission shall--
            (1) investigate and make findings on the--
                    (A) the number of jobs saved or created as a result 
                of the American Recovery and Reinvestment Act of 2009 
                (Public Law 111-5; 123 Stat. 125);
                    (B) the circumstances in which such jobs have been 
                saved or created; and
                    (C) the effectiveness of measures taken to prevent 
                the improper payment of funds allocated under the 
                American Recovery and Reinvestment Act of 2009; and
            (2) make recommendations on--
                    (A) changes that could be made to the American 
                Recovery and Reinvestment Act of 2009 to save or create 
                more jobs; and
                    (B) steps that could be taken to prevent the 
                improper payment of funds allocated under the American 
                Recovery and Reinvestment Act of 2009.
    (b) Relationship to the Government Accountability Office.--When the 
Commission is investigating matters and making findings under 
subsection (a)(1), and when it is making recommendations under 
subsection (a)(2), the following requirements shall apply:
            (1) The Commission shall begin by considering any relevant 
        material published by the Government Accountability Office.
            (2) If the Commission finds that the material published by 
        the Government Accountability Office is incomplete, out-of-date 
        or otherwise inadequate the Commission may carry out further 
        investigations or make further findings or recommendations.

SEC. 5. HEARINGS AND EVIDENCE.

    (a) In General.--The Commission may, for the purposes of carrying 
out this Act, hold such hearings, sit and act at such times and places, 
take such testimony and receive such evidence as the Commission 
considers appropriate. The Commission shall hold its hearings in public 
to the extent that the Commission considers it appropriate to do so.
    (b) Subpoenas.--
            (1) Issuance.--The Commission may issue subpoenas requiring 
        the attendance and testimony of witnesses and the production of 
        evidence relating to any matter that the Commission is required 
        to investigate by section 4.
            (2) Location.--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.
    (c) Delegation.--The powers conferred on the Commission by 
subsections (a) and (b) may be exercised by--
            (1) any member of the Commission who is authorized by the 
        Commission for that purpose; or
            (2) any committee of the Commission which is authorized by 
        the Commission for that purpose.
    (d) Subpoenas: Procedure and Enforcement.--
            (1) Approval.--A subpoena may be issued under this section 
        only if approved by--
                    (A) the chairperson and the vice chairperson; or
                    (B) a majority of the members of the Commission.
            (2) Signature.--A subpoena issued under this section shall 
        be issued under the signature of--
                    (A) the chairperson or the vice chairperson; or
                    (B) a member of the Commission authorized for that 
                purpose by a majority of the members of the Commission.
            (3) Service.--A subpoena issued under this section shall be 
        served by a person authorized for that purpose by--
                    (A) the chairperson or the vice chairperson; or
                    (B) a member of the Commission authorized for that 
                purpose by a majority of the members of the Commission.
            (4) Enforcement.--
                    (A) Court order.--If a person refuses to obey a 
                subpoena issued under this section, 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.
                    (B) Application.--The application for the court 
                order may be made within the judicial district where 
                the hearing is conducted or where the person is found 
                or resides.
                    (C) Failure to obey.--Any failure to obey the order 
                of a court under this paragraph may be punished by the 
                court as civil contempt.

SEC. 6. ASSISTANCE FROM FEDERAL AGENCIES, CONTRACTS, GIFTS AND POSTAL 
              SERVICES.

    (a) Information From Federal Agencies.--
            (1) In general.--The Commission may, for the purpose of 
        carrying out this Act, request information directly from any 
        Federal department or agency.
            (2) Duty to comply.--The head of a Federal department or 
        agency who receives such a request shall provide the 
        information requested.
    (b) General Services Administration.--If requested to do so by the 
Commission, the Administrator of General Services shall provide to the 
Commission, on a reimbursable basis, administrative support or other 
services necessary for the Commission to carry out this Act.
    (c) Other Departments and Agencies.--The head of a Federal 
department or agency may provide to the Commission such financial or 
other assistance (including services, facilities or staff) as the head 
may consider appropriate.
    (d) Contracts.--The Commission may, to the extent and in the 
amounts provided in advance in the appropriation Acts, enter into 
contracts to enable the Commission to carry out this Act.
    (e) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.
    (f) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as Federal 
departments and agencies.

SEC. 7. NON-APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the Commission.

SEC. 8. DIRECTOR AND STAFF.

    (a) Director.--The chairperson, in consultation with the vice 
chairperson, may appoint, and fix the pay of, a director of the 
Commission.
    (b) Other Staff.--The chairperson, in consultation with the vice 
chairperson, may appoint, and fix the pay of, other staff of the 
Commission
    (c) Rules.--Any appointment made or pay fixed under subsection (a) 
or (b) shall be subject to rules prescribed by the Commission.
    (d) Pay.--No rate of pay fixed under subsection (a) or (b) may 
exceed the equivalent of that payable for a position at level V of the 
Executive Schedule under section 5316 of title 5, United States Code.
    (e) Applicability of Certain Civil Service Laws.--The Director and 
staff of the Commission--
            (1) may be appointed without regard to the provisions of 
        title 5, United States Code, governing appointments in the 
        competitive services; and
            (2) may be paid without regard to the provisions of chapter 
        51 and subchapter III of chapter 53 of that title relating to 
        the classification and General Schedule pay rates (subject to 
        subsection (d)).
    (f) Consultant Services.--The Commission 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 rate paid to 
a person occupying a position at level IV of the Executive Schedule as 
specified in section 5315 of title 5, United States Code.

SEC. 9. EXPENSES FOR MEMBERS.

    (a) Compensation.--Each member of the Commission shall be 
compensated at a rate not to exceed the daily equivalent of the annual 
rate of basic pay in effect for a position at level IV of the Executive 
Schedule as specified in section 5315 of title 5, United States Code, 
for each day during which the member is engaged in carrying out 
functions of the Commission.
    (b) Travel Expenses.--Each member 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.

SEC. 10. REPORTS.

    (a) Final Report.--Before the end of the relevant period, the 
Commission shall submit to the President and Congress a report 
containing the findings and recommendations described in section 4(a).
    (b) Interim Reports.--During the relevant period, the Commission 
may submit to the President and Congress such interim reports as the 
Commission considers appropriate.
    (c) Making Reports Available to the Public.--The Commission shall 
make available to the public any reports required by this Act.
    (d) Relevant Period.--In this section, the term ``relevant period'' 
means the period of 18 months beginning with the day on which this Act 
is enacted.

SEC. 11. TERMINATION OF COMMISSION.

    (a) In General.--The Commission shall terminate at the end of the 
period of 60 days beginning with the day on which its final report is 
submitted under section 11.
    (b) Administrative Activities Before Termination.--The Commission 
may use the period specified in subsection (a) for the purpose of 
concluding its activities.

SEC. 12. FUNDING.

    There is authorized to be appropriated $5,000,000 to carry out this 
Act.
                                 <all>