I 

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. 

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 ‘‘National Commission 

5 on American Recovery and Reinvestment Act of 2009’’. 

6 SEC. 2. ESTABLISHMENT OF COMMISSION. 

7 There is established in the legislative branch the Na8 tional Commission on American Recovery and Reinvest9 ment (referred to in this Act as the ‘‘Commission’’). 


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1 SEC. 3. COMPOSITION AND PROCEEDINGS. 

2 (a) MEMBERS.—The Commission shall be composed 

3 of 10 members, of whom— 

4 (1) 1 member shall be appointed by the Presi5 dent; 

6 (2) 1 member shall be appointed by the minor7 ity leader of the Senate in consultation with the mi8 nority leader of the House of Representatives; 

9 (3) 2 members shall be appointed by the major10 ity leader of the Senate; 

11 (4) 2 members shall be appointed by the minor12 ity leader of the Senate; 

13 (5) 2 members shall be appointed by the major14 ity leader of the House of Representatives; and 

15 (6) 2 members shall be appointed by the minor16 ity leader of the House of Representatives. 

17 (b) POLITICAL AFFILIATION.—Not more than 5 

18 members of the Commission may be of the same political 

19 party. 

20 (c) NON-GOVERNMENTAL APPOINTEES.—An indi21 vidual is not eligible for appointment as a member of the 

22 Commission if the individual is an officer or employee of 

23 the Federal Government or any State or local government. 

24 (d) DEADLINE FOR APPOINTMENTS.—The members 

25 of the Commission shall be appointed before the end of 


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1 the period of 30 days beginning with the day on which 

2 this Act is enacted. 

3 (e) VACANCIES.—If a vacancy occurs in the member4 ship of the Commission it shall be filled in the manner 

5 in which the original appointment was made. 

6 (f) CHAIRPERSON; VICE CHAIRPERSON.— 

7 (1) CHAIRPERSON.—The member appointed 

8 under subsection (a)(1) shall be the chairperson of 

9 the Commission (referred to in this Act as the 

10 ‘‘chairperson’’). 

11 (2) VICE CHAIRPERSON.—The member ap12 pointed under subsection (a)(2) shall be the vice 

13 chairperson of the Commission (referred to in this 

14 Act as the ‘‘vice chairperson’’). 

15 (g) PROCEEDINGS.— 

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

17 the call of the chairperson or a majority of its mem18 bers. The Commission shall hold its meetings in 

19 public to the extent that the Commission considers 

20 it appropriate to do so. 

21 (2) QUORUM.—Six members of the Commission 

22 shall constitute a quorum. 

23 (3) VACANCIES NOT TO AFFECT DUTIES OR

24 POWERS.—A vacancy in the membership of the 

25 Commission does not affect its duties or powers. 


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1 SEC. 4. DUTIES OF THE COMMISSION. 

2 (a) IN GENERAL.—The Commission shall— 

3 (1) investigate and make findings on the— 

4 (A) the number of jobs saved or created as 

5 a result of the American Recovery and Rein6 vestment Act of 2009 (Public Law 111–5; 123 

7 Stat. 125); 

8 (B) the circumstances in which such jobs 

9 have been saved or created; and 

10 (C) the effectiveness of measures taken to 

11 prevent the improper payment of funds allo12 cated under the American Recovery and Rein13 vestment Act of 2009; and 

14 (2) make recommendations on— 

15 (A) changes that could be made to the 

16 American Recovery and Reinvestment Act of 

17 2009 to save or create more jobs; and 

18 (B) steps that could be taken to prevent 

19 the improper payment of funds allocated under 

20 the American Recovery and Reinvestment Act 

21 of 2009. 

22 (b) RELATIONSHIP TO THE GOVERNMENT ACCOUNT23 ABILITY OFFICE.—When the Commission is investigating 

24 matters and making findings under subsection (a)(1), and 

25 when it is making recommendations under subsection 

26 (a)(2), the following requirements shall apply: 


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1 (1) The Commission shall begin by considering 

2 any relevant material published by the Government 

3 Accountability Office. 

4 (2) If the Commission finds that the material 

5 published by the Government Accountability Office 

6 is incomplete, out-of-date or otherwise inadequate 

7 the Commission may carry out further investigations 

8 or make further findings or recommendations. 

9 SEC. 5. HEARINGS AND EVIDENCE. 

10 (a) IN GENERAL.—The Commission may, for the 

11 purposes of carrying out this Act, hold such hearings, sit 

12 and act at such times and places, take such testimony and 

13 receive such evidence as the Commission considers appro14 priate. The Commission shall hold its hearings in public 

15 to the extent that the Commission considers it appropriate 

16 to do so. 

17 (b) SUBPOENAS.— 

18 (1) ISSUANCE.—The Commission may issue 

19 subpoenas requiring the attendance and testimony of 

20 witnesses and the production of evidence relating to 

21 any matter that the Commission is required to inves22 tigate by section 4. 

23 (2) LOCATION.—The attendance of witnesses 

24 and the production of evidence may be required from 


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1 any place within the United States at any des2 ignated place of hearing within the United States. 

3 (c) DELEGATION.—The powers conferred on the 

4 Commission by subsections (a) and (b) may be exercised 

5 by— 

6 (1) any member of the Commission who is au7 thorized by the Commission for that purpose; or 

8 (2) any committee of the Commission which is 

9 authorized by the Commission for that purpose. 

10 (d) SUBPOENAS: PROCEDURE AND ENFORCEMENT.— 

11 (1) APPROVAL.—A subpoena may be issued 

12 under this section only if approved by— 

13 (A) the chairperson and the vice chair14 person; or 

15 (B) a majority of the members of the Com16 mission. 

17 (2) SIGNATURE.—A subpoena issued under this 

18 section shall be issued under the signature of— 

19 (A) the chairperson or the vice chair20 person; or 

21 (B) a member of the Commission author22 ized for that purpose by a majority of the mem23 bers of the Commission. 


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1 (3) SERVICE.—A subpoena issued under this 

2 section shall be served by a person authorized for 

3 that purpose by— 

4 (A) the chairperson or the vice chair5 person; or 

6 (B) a member of the Commission author7 ized for that purpose by a majority of the mem8 bers of the Commission. 

9 (4) ENFORCEMENT.— 

10 (A) COURT ORDER.—If a person refuses to 

11 obey a subpoena issued under this section, the 

12 Commission may apply to a United States dis13 trict court for an order requiring that person to 

14 appear before the Commission to give testi15 mony, produce evidence, or both, relating to the 

16 matter under investigation. 

17 (B) APPLICATION.—The application for 

18 the court order may be made within the judicial 

19 district where the hearing is conducted or where 

20 the person is found or resides. 

21 (C) FAILURE TO OBEY.—Any failure to 

22 obey the order of a court under this paragraph 

23 may be punished by the court as civil contempt. 


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1 SEC. 6. ASSISTANCE FROM FEDERAL AGENCIES, CON2 TRACTS, GIFTS AND POSTAL SERVICES. 

3 (a) INFORMATION FROM FEDERAL AGENCIES.— 

4 (1) IN GENERAL.—The Commission may, for 

5 the purpose of carrying out this Act, request infor6 mation directly from any Federal department or 

7 agency. 

8 (2) DUTY TO COMPLY.—The head of a Federal 

9 department or agency who receives such a request 

10 shall provide the information requested. 

11 (b) GENERAL SERVICES ADMINISTRATION.—If re12 quested to do so by the Commission, the Administrator 

13 of General Services shall provide to the Commission, on 

14 a reimbursable basis, administrative support or other serv15 ices necessary for the Commission to carry out this Act. 

16 (c) OTHER DEPARTMENTS AND AGENCIES.—The 

17 head of a Federal department or agency may provide to 

18 the Commission such financial or other assistance (includ19 ing services, facilities or staff) as the head may consider 

20 appropriate. 

21 (d) CONTRACTS.—The Commission may, to the ex22 tent and in the amounts provided in advance in the appro23 priation Acts, enter into contracts to enable the Commis24 sion to carry out this Act. 

25 (e) GIFTS.—The Commission may accept, use, and 

26 dispose of gifts or donations of services or property. 


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1 (f) POSTAL SERVICES.—The Commission may use 

2 the United States mails in the same manner and under 

3 the same conditions as Federal departments and agencies. 

4 SEC. 7. NON-APPLICABILITY OF FEDERAL ADVISORY COM5 MITTEE ACT. 

6 The Federal Advisory Committee Act (5 U.S.C. App.) 

7 shall not apply to the Commission. 

8 SEC. 8. DIRECTOR AND STAFF. 

9 (a) DIRECTOR.—The chairperson, in consultation 

10 with the vice chairperson, may appoint, and fix the pay 

11 of, a director of the Commission. 

12 (b) OTHER STAFF.—The chairperson, in consultation 

13 with the vice chairperson, may appoint, and fix the pay 

14 of, other staff of the Commission 

15 (c) RULES.—Any appointment made or pay fixed 

16 under subsection (a) or (b) shall be subject to rules pre17 scribed by the Commission. 

18 (d) PAY.—No rate of pay fixed under subsection (a) 

19 or (b) may exceed the equivalent of that payable for a posi20 tion at level V of the Executive Schedule under section 

21 5316 of title 5, United States Code. 

22 (e) APPLICABILITY OF CERTAIN CIVIL SERVICE

23 LAWS.—The Director and staff of the Commission— 


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1 (1) may be appointed without regard to the 

2 provisions of title 5, United States Code, governing 

3 appointments in the competitive services; and 

4 (2) may be paid without regard to the provi5 sions of chapter 51 and subchapter III of chapter 53 

6 of that title relating to the classification and General 

7 Schedule pay rates (subject to subsection (d)). 

8 (f) CONSULTANT SERVICES.—The Commission may 

9 procure temporary and intermittent services under section 

10 3109(b) of title 5, United States Code, but at rates for 

11 individuals not to exceed the daily rate paid to a person 

12 occupying a position at level IV of the Executive Schedule 

13 as specified in section 5315 of title 5, United States Code. 

14 SEC. 9. EXPENSES FOR MEMBERS. 

15 (a) COMPENSATION.—Each member of the Commis16 sion shall be compensated at a rate not to exceed the daily 

17 equivalent of the annual rate of basic pay in effect for 

18 a position at level IV of the Executive Schedule as speci19 fied in section 5315 of title 5, United States Code, for 

20 each day during which the member is engaged in carrying 

21 out functions of the Commission. 

22 (b) TRAVEL EXPENSES.—Each member shall receive 

23 travel expenses, including per diem in lieu of subsistence, 

24 in accordance with applicable provisions under subchapter 

25 I of chapter 57 of title 5, United States Code. 


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1 SEC. 10. REPORTS. 

2 (a) FINAL REPORT.—Before the end of the relevant 

3 period, the Commission shall submit to the President and 

4 Congress a report containing the findings and rec5 ommendations described in section 4(a). 

6 (b) INTERIM REPORTS.—During the relevant period, 

7 the Commission may submit to the President and Con8 gress such interim reports as the Commission considers 

9 appropriate. 

10 (c) MAKING REPORTS AVAILABLE TO THE PUBLIC.— 

11 The Commission shall make available to the public any 

12 reports required by this Act. 

13 (d) RELEVANT PERIOD.—In this section, the term 

14 ‘‘relevant period’’ means the period of 18 months begin15 ning with the day on which this Act is enacted. 

16 SEC. 11. TERMINATION OF COMMISSION. 

17 (a) IN GENERAL.—The Commission shall terminate 

18 at the end of the period of 60 days beginning with the 

19 day on which its final report is submitted under section 

20 11. 

21 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI22 NATION.—The Commission may use the period specified 

23 in subsection (a) for the purpose of concluding its activi24 ties. 


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1 SEC. 12. FUNDING. 

2 There is authorized to be appropriated $5,000,000 to 

3 carry out this Act. 

Æ 


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