Text: H.R.4219 — 111th Congress (2009-2010)All Bill Information (Except Text)

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Introduced in House (12/08/2009)


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.