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 Com-
mission to study and report on the use by the Federal 
Government of funds from any auction or sale of green-
house gas emissions allowances, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Global Warming Eco-
nomic Oversight Act of 2009’’. 
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(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 Sched-
ule 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 FED-
ERAL
EMPLOYEES.—Members of the Commission 
who are full-time officers or employees of the United 
States or Members of Congress may not receive ad-
ditional 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 Commis-
sion 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. 
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(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 ap-
point and fix the pay of any personnel as the Com-
mission considers appropriate. 
(2) EXPERTS AND CONSULTANTS.—The Com-
mission 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 Commis-
sion may, for the purpose of carrying out this sec-
tion, hold hearings, sit and act at times and places, 
take testimony, and receive evidence as the Commis-
sion 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 author-
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ized by the Commission, take any action which the 
Commission is authorized to take by this section. 
(3) OBTAINING OFFICIAL DATA.—The Commis-
sion 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 de-
partment 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 emis-
sions 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 busi-
ness, 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 at-
tendance and testimony of such witnesses and the 
production of such books, records, correspondence, 
memoranda, papers, and documents, as the Commis-
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sion 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 Commis-
sion; 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 Commis-
sion and may be served by any person des-
ignated by the Chair or by a member des-
ignated by a majority of the Commission. 
(B) ENFORCEMENT.— 
(i) IN GENERAL.—In the case of con-
tumacy 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 sub-
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poena is returnable, may issue an order re-
quiring such person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. Any failure to 
obey the order of the court may be pun-
ished 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 consti-
tuting 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 
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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 sec-
tion 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 Commis-
sion) auction or sale of greenhouse gas emissions allow-
ances 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. 
Æ 
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