I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Global Warming Eco5 nomic Oversight Act of 2009’’. 


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1 SEC. 2. GLOBAL WARMING ECONOMIC OVERSIGHT COMMIS2 SION. 

3 (a) ESTABLISHMENT.—There is hereby established 

4 the Global Warming Economic Oversight Commission 

5 (hereafter in this section referred to as the ‘‘Commis6 sion’’). 

7 (b) DUTIES.— 

8 (1) ONGOING REVIEW.— 

9 (A) IN GENERAL.—The Commission shall 

10 conduct ongoing oversight of, and submit re11 ports to the appropriate committees of the Con12 gress on, the use by the Federal Government of 

13 funds from any auction or sale of greenhouse 

14 gas emissions allowances. 

15 (B) DEFINITION.—In subparagraph (A), 

16 the term ‘‘appropriate committees of the Con17 gress’’ means— 

18 (i) the Committees on Commerce, 

19 Science, and Transportation, Energy and 

20 Natural Resources, Environment and Pub21 lic Works, Health, Education, Labor, and 

22 Pensions, and Small Business and Entre23 preneurship of the Senate; and 

24 (ii) the Committees on Education and 

25 Labor, Energy and Commerce, Oversight 


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1 and Government Reform, and Small Busi2 ness of the House of Representatives. 

3 (2) REPORTING.—The Commission shall submit 

4 a report under paragraph (1)— 

5 (A) not later than 3 months after the first 

6 auction or sale of greenhouse gas emissions al7 lowances by any agency or instrumentality of 

8 the United States; and 

9 (B) not less than every 6 months there10 after. 

11 (3) FOCUS.—In conducting oversight and sub12 mitting reports under this section, the Commission 

13 shall focus on the following: 

14 (A) NEW JOBS.—The use of funds de15 scribed in paragraph (1) to create new jobs in 

16 industries that produce renewable energy. 

17 (B) PRESERVATION OF EXISTING JOBS.— 

18 The use of such funds to preserve jobs in exist19 ing, previously carbon-intensive industries. 

20 (C) ASSISTING WITH EFFECTS ON LOW

21 AND MIDDLE INCOME FAMILIES.—The use of 

22 such funds to assist working families with any 

23 increases in the costs of energy, transportation, 

24 housing, health care, food, and other necessities 


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1 that result from Federal statutes designed to 

2 limit greenhouse gas emissions. 

3 (D) SMALL BUSINESSES.—The use of such 

4 funds to assist small businesses with any in5 creases in energy costs that result from Federal 

6 statutes designed to limit greenhouse gas emis7 sions, including costs relating to transportation, 

8 facilities, and equipment. 

9 (c) MEMBERSHIP.— 

10 (1) IN GENERAL.—The Commission shall con11 sist of 9 members, as follows: 

12 (A) 1 member appointed by the Speaker of 

13 the House of Representatives, in consultation 

14 with the majority leadership of the relevant 

15 House committees. 

16 (B) 1 member appointed by the minority 

17 leader of the House of Representatives, in con18 sultation with the minority leadership of the rel19 evant House committees. 

20 (C) 1 member appointed by the majority 

21 leader of the Senate, in consultation with the 

22 majority leadership of the relevant Senate com23 mittees. 


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1 (D) 1 member appointed by the minority 

2 leader of the Senate, in consultation with the 

3 leadership of the relevant Senate committees. 

4 (E) 1 member, who shall serve as the 

5 Chair of the Commission, jointly appointed by 

6 the Speaker of the House of Representatives 

7 and the majority leader of the Senate, after 

8 consultation with the minority leader of the 

9 Senate and the minority leader of the House of 

10 Representatives. 

11 (F) The Secretary of Energy (or the Sec12 retary’s designee). 

13 (G) The Chairperson of the Federal Trade 

14 Commission (or the Chairperson’s designee). 

15 (H) The Administrator of the Small Busi16 ness Administration (or the Administrator’s 

17 designee). 

18 (I) The Secretary of Labor (or the Sec19 retary’s designee). 

20 All appointed members of the Commission shall be 

21 appointed within 30 days of the first posting in the 

22 Federal Register of an auction or sale of greenhouse 

23 gas emissions allowances by any agency or instru24 mentality of the United States. 


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1 (2) PAY.—Except as provided in paragraph (3), 

2 each member of the Commission shall each be paid 

3 at a rate equal to the daily equivalent of the annual 

4 rate of basic pay for level IV of the Executive Sched5 ule for each day (including travel time) during which 

6 such member is engaged in the actual performance 

7 of duties vested in the Commission. 

8 (3) PROHIBITION OF COMPENSATION OF FED9 ERAL EMPLOYEES.—Members of the Commission 

10 who are full-time officers or employees of the United 

11 States or Members of Congress may not receive ad12 ditional pay, allowances, or benefits by reason of 

13 their service on the Commission. 

14 (4) TRAVEL EXPENSES.—Each member of the 

15 Commission shall receive travel expenses, including 

16 per diem in lieu of subsistence, in accordance with 

17 applicable provisions under subchapter I of chapter 

18 57 of title 5, United States Code. 

19 (5) QUORUM.—Four members of the Commis20 sion shall constitute a quorum but a lesser number 

21 may hold hearings. 

22 (6) VACANCIES.—A vacancy on the Commission 

23 shall be filled in the manner in which the original 

24 appointment was made. 


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1 (7) MEETINGS.—The Commission shall meet at 

2 the call of its Chair or a majority of its members. 

3 (d) STAFF.— 

4 (1) IN GENERAL.—The Commission may ap5 point and fix the pay of any personnel as the Com6 mission considers appropriate. 

7 (2) EXPERTS AND CONSULTANTS.—The Com8 mission may procure temporary and intermittent 

9 services under section 3109(b) of title 5, United 

10 States Code. 

11 (3) STAFF OF AGENCIES.—Upon request of the 

12 Commission, the head of any Federal department or 

13 agency may detail, on a reimbursable basis, any of 

14 the personnel of that department or agency to the 

15 Commission to assist it in carrying out its duties 

16 under this Act. 

17 (e) POWERS.— 

18 (1) HEARINGS AND SESSIONS.—The Commis19 sion may, for the purpose of carrying out this sec20 tion, hold hearings, sit and act at times and places, 

21 take testimony, and receive evidence as the Commis22 sion considers appropriate and may administer oaths 

23 or affirmations to witnesses appearing before it. 

24 (2) POWERS OF MEMBERS AND AGENTS.—Any 

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1 ized by the Commission, take any action which the 

2 Commission is authorized to take by this section. 

3 (3) OBTAINING OFFICIAL DATA.—The Commis4 sion may secure directly from any department or 

5 agency of the United States information necessary 

6 to enable it to carry out this section. Upon request 

7 of the Chair of the Commission, the head of that de8 partment or agency shall furnish that information to 

9 the Commission. 

10 (f) INITIAL MEETING.—The Commission shall meet 

11 and begin the operations of the Commission within 30 

12 days of the first auction or sale of greenhouse gas emis13 sions allowances by any agency or instrumentality of the 

14 United States. 

15 (g) RULES OF PROCEDURE.—The Commission may 

16 establish rules for the conduct of the Commission’s busi17 ness, if such rules are not inconsistent with this Act or 

18 other applicable law. 

19 (h) SUBPOENAS.— 

20 (1) IN GENERAL.—Subject to paragraph (2), 

21 the Commission, for the purpose of carrying out this 

22 Act, may require, by subpoena or otherwise, the at23 tendance and testimony of such witnesses and the 

24 production of such books, records, correspondence, 

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1 sion or the Chair of the Commission may determine 

2 advisable. 

3 (2) SUBPOENAS.— 

4 (A) ISSUANCE.— 

5 (i) IN GENERAL.—A subpoena may be 

6 issued under this subsection only— 

7 (I) by the Chair of the Commis8 sion; or 

9 (II) by the affirmative vote of 5 

10 members of the Commission. 

11 (ii) SIGNATURE.—Subject to clause 

12 (i), subpoenas issued under this subsection 

13 may be issued under the signature of the 

14 Chair of the Commission or any member 

15 designated by a majority of the Commis16 sion and may be served by any person des17 ignated by the Chair or by a member des18 ignated by a majority of the Commission. 

19 (B) ENFORCEMENT.— 

20 (i) IN GENERAL.—In the case of con21 tumacy or failure to obey a subpoena 

22 issued under subparagraph (A), the United 

23 States district court for the judicial district 

24 in which the subpoenaed person resides, is 

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1 poena is returnable, may issue an order re2 quiring such person to appear at any des3 ignated place to testify or to produce docu4 mentary or other evidence. Any failure to 

5 obey the order of the court may be pun6 ished by the court as a contempt of that 

7 court. 

8 (ii) ADDITIONAL ENFORCEMENT.—In 

9 the case of any failure of any witness to 

10 comply with any subpoena or to testify 

11 when summoned under authority of this 

12 section, the Commission may, by majority 

13 vote, certify a statement of fact consti14 tuting such failure to the appropriate 

15 United States attorney, who may bring the 

16 matter before the grand jury for its action, 

17 under the same statutory authority and 

18 procedures as if the United States attorney 

19 had received as certification under sections 

20 102 through 104 of the Revised Statutes 

21 of the United States (2 U.S.C. 192 

22 through 194). 

23 (i) CONTRACTING.—The Commission may, to such 

24 extent and in such amounts as are provided in advance 


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1 in appropriation Acts, enter into contracts to enable the 

2 Commission to discharge its duties under this Act. 

3 (j) POSTAL SERVICES.—The Commission may use 

4 the United States mails in the same manner and under 

5 the same conditions as departments and agencies of the 

6 United States. 

7 (k) VOLUNTEER SERVICES.—Notwithstanding sec8 tion 1342 of title 31, United States Code, the Commission 

9 may accept and use voluntary and uncompensated services 

10 as the Commission determines necessary. 

11 (l) TERMINATION.—The Commission shall terminate 

12 6 months after the last (as determined by the Commis13 sion) auction or sale of greenhouse gas emissions allow14 ances by any agency or instrumentality of the United 

15 States. 

16 (m) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Commission to 

18 carry out this Act such sums as may be necessary. 

Æ 


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