[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3723 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3723

To establish a framework for coordination and cooperation on energy and 
environmental issues among the United States, the People's Republic of 
               China, and India, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            December 8 (legislative day, November 20), 2008

 Ms. Cantwell introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
To establish a framework for coordination and cooperation on energy and 
environmental issues among the United States, the People's Republic of 
               China, and India, and for other purposes.

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

SECTION 1. FINDINGS.

    Congress makes the following findings:
            (1) The United States, the People's Republic of China 
        (China), and the Republic of India (India) account for 35 
        percent of the world's demand for petroleum. All 3 countries 
        are negatively impacted by high and volatile oil and petroleum 
        prices and have a common interest in avoiding global supply 
        shocks, developing alternative fuel sources, and lessening 
        reliance on supplies of oil and petroleum from unstable regions 
        of the world.
            (2) China, the United States, and India are respectively 
        the top 3 producers and consumers of coal in the world.
            (3) The United States, China, and India respectively 
        represent the largest, second largest, and fifth largest 
        electricity generators in the world.
            (4) China is likely the world's largest source of 
        anthropogenic greenhouse gas emissions, followed closely by the 
        United States, and India is the world's fifth largest 
        greenhouse gas emitter.
            (5) According to the World Bank, 16 of the world's 20 most 
        polluted cities are in China. Ninety percent of all rivers in 
        China show signs of significant pollution, and 62 percent of 
        China's waterways are unsuitable for fish. Several areas in 
        India have heavy metal and chemical contamination in 
        concentrations many times higher than international health 
        standards.
            (6) Given these shared energy challenges, the United 
        States, China, and India have a vested interest in partnering 
        on policies that could help avoid future tensions over limited 
        and geographically constrained energy resources.
            (7) Mutually beneficial scientific, technological, and 
        trade partnerships between the United States, China, and India 
        can accelerate the transition to more sustainable and secure 
        energy supplies, such as wind, solar, biofuels, and clean coal, 
        and provide tremendous economic, environmental, and security 
        benefits for all 3 nations.

SEC. 2. POLICY.

    It is the policy of the United States to develop an informed 
dialogue with China and India regarding the sustainable use of energy 
and the protection of the environment, the promotion of best practices 
for clean energy and technology investments, and the development and 
transfer of energy and environmental technologies based on fair and 
robust international trading regimes.

SEC. 3. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE COMMISSION TO 
              COORDINATE ENERGY AND ENVIRONMENTAL ISSUES RELATING TO 
              THE UNITED STATES, CHINA, AND INDIA.

    (a) Establishment.--There is established a Congressional-Executive 
Commission on Clean Energy Trade Between Key Consuming Nations (in this 
Act referred to as the ``Commission'') to coordinate energy and 
environmental issues relating to the United States, China, and India.
    (b) Goal of the Commission.--
            (1) In general.--The goal of the Commission is to establish 
        a dialogue among the United States, China, and India to promote 
        the policy described in section 2.
            (2) Dialogue.--The Commission shall provide a cooperative 
        and collaborative dialogue in the following areas:
                    (A) Development and promotion of clean, efficient, 
                and secure electricity production and transmission.
                    (B) Development and promotion of clean water, water 
                quality management, and safe drinking water.
                    (C) Development and promotion of clean air and air 
                quality management.
                    (D) Development and promotion of clean and 
                efficient transportation.
                    (E) Conservation and management of forests and 
                wetlands, and the ecosystems of forests and wetlands.
    (c) Membership of the Commission.--
            (1) Selection and appointment of members.--The Commission 
        shall be composed of 17 members as follows:
                    (A) Five Members of the House of Representatives, 
                appointed by the Speaker of the House of 
                Representatives, of which--
                            (i) 3 members shall be selected from the 
                        majority party; and
                            (ii) 2 members shall be selected, after 
                        consultation with the minority leader of the 
                        House, from the minority party.
                    (B) Five Members of the Senate, appointed by the 
                President of the Senate, of which--
                            (i) 3 members shall be selected, after 
                        consultation with the majority leader of the 
                        Senate, from the majority party; and
                            (ii) 2 members shall be selected, after 
                        consultation with the minority leader of the 
                        Senate, from the minority party.
                    (C) One representative of the Department of State, 
                appointed by the President from among officers and 
                employees of that Department.
                    (D) One representative of the Department of Energy, 
                appointed by the President from among officers and 
                employees of that Department.
                    (E) One representative of the Environmental 
                Protection Agency, appointed by the President from 
                among officers and employees of that Agency.
                    (F) One representative of the Department of 
                Commerce, appointed by the President from among 
                officers and employees of that Department.
                    (G) Three at-large representatives, appointed by 
                the President from among the officers and employees of 
                the executive branch of the Government.
            (2) Chairperson and cochairperson.--
                    (A) Designation of chairperson.--At the beginning 
                of each odd-numbered Congress, the President of the 
                Senate, on the recommendation of the majority leader, 
                shall designate 1 of the members of the Commission from 
                the Senate as Chairperson of the Commission. At the 
                beginning of each even-numbered Congress, the Speaker 
                of the House of Representatives shall designate 1 of 
                the members of the Commission from the House as 
                Chairperson of the Commission.
                    (B) Designation of cochairperson.--At the beginning 
                of each odd-numbered Congress, the Speaker of the House 
                of Representatives shall designate 1 of the members of 
                the Commission from the House as Cochairperson of the 
                Commission. At the beginning of each even-numbered 
                Congress, the President of the Senate, on the 
                recommendation of the majority leader, shall designate 
                1 of the members of the Commission from the Senate as 
                Cochairperson of the Commission.
            (3) Votes of the commission.--Decisions of the Commission, 
        including adoption of reports and recommendations, shall be 
        made by a majority vote of the members of the Commission 
        present and voting.
            (4) Quorum.--Two-thirds of the members of the Commission 
        shall constitute a quorum for purposes of conducting business.
    (d) Annual Report.--
            (1) In general.--The Commission shall submit a report to 
        the President and the Congress not later than September 15, 
        2009, and annually thereafter, setting forth the assessments 
        and analyses described in paragraph (2), the recommendations 
        described in paragraph (3), and the assessment and accounting 
        described in paragraph (4). The Commission may submit to the 
        President and Congress reports that supplement annual reports 
        described in this subsection, as appropriate.
            (2) Contents of annual report.--The report required by 
        paragraph (1) shall include the following for the 12-month 
        period preceding the report:
                    (A) A comprehensive assessment of China's and 
                India's efforts to initiate or implement programs 
                associated with the policy described in section 2.
                    (B) An analysis of the state of energy supply and 
                demand challenges and environmental protection issues 
                shared by China, India, and the United States, as well 
                as how those challenges and issues impact the greater 
                global community.
                    (C) An analysis of the funding levels and support 
                for research and development and commercial investment 
                in clean energy and environmental technologies, 
                products, and services by China and India.
                    (D) An analysis of the issues regarding technology 
                transfer and sharing, including the role that 
                intellectual property protection plays in limiting 
                trade in clean energy technologies among China, India, 
                and the United States.
                    (E) An analysis of export and import data regarding 
                trade among China, India, and the United States for 
                clean energy and environmental technologies, products, 
                and services.
                    (F) An analysis of the patterns of trade and 
                investment between China and India, and their major 
                trading partners (other than the United States) with 
                respect to clean energy and environmental technologies, 
                products, and services that appear to be substantively 
                different from trade and investment patterns between 
                China, India, and the United States and the impact 
                those differences have on commercial opportunities to 
                United States businesses.
            (3) Recommendations.--The Commission shall include in the 
        report required by paragraph (1) recommendations for action by 
        Congress and the President on--
                    (A) how to maximize the development and deployment 
                of clean energy and environmental technologies, 
                products, and services in China, India, and the United 
                States; and
                    (B) how to ensure that trade in such technologies, 
                products, and services benefits the interests of the 
                United States.
            (4) Expenditure of appropriations.--The report required by 
        paragraph (1) shall include an assessment and accounting of how 
        the Commission used any appropriations made to the Commission.

SEC. 4. TESTIMONY OF WITNESSES; PRODUCTION OF EVIDENCE; ISSUANCE OF 
              SUBPOENAS; ADMINISTRATION OF OATHS.

    (a) In General.--In carrying out the provisions of this Act, the 
Commission may require, by subpoena or otherwise, the attendance and 
testimony of such witnesses and the production of such books, records, 
correspondence, memoranda, papers, documents, and electronically 
recorded data as the Commission considers necessary.
    (b) Subpoenas.--Subpoenas may be issued only pursuant to a \2/3\ 
vote of members of the Commission present and voting. Subpoenas may be 
issued over the signature of the Chairperson of the Commission or any 
member designated by the Chairperson, and may be served by any person 
designated by the Chairperson or such member. The Chairperson of the 
Commission, or any member designated by the Chairperson, may administer 
oaths to any witnesses.

SEC. 5. STAFF OF THE COMMISSION.

    (a) Personnel and Administration Committee.--The Commission shall 
have a personnel and administration committee composed of the 
Chairperson, the Cochairperson, the senior member of the Commission 
from the minority party of the House of Representatives, and the senior 
member of the Commission from the minority party of the Senate.
    (b) Committee Functions.--
            (1) In general.--All decisions pertaining to the hiring, 
        firing, and fixing of pay of personnel of the Commission shall 
        be by a majority vote of the personnel and administration 
        committee, except that--
                    (A) the Chairperson shall be entitled to appoint 
                and fix the pay of the staff director, and the 
                Cochairperson shall be entitled to appoint and fix the 
                pay of the Cochairperson's senior staff member; and
                    (B) the Chairperson and Cochairperson shall each 
                have the authority to appoint, with the approval of the 
                personnel and administration committee, at least 4 
                professional staff members who shall be responsible to 
                the Chairperson or the Cochairperson (as the case may 
                be) who appointed them.
            (2) Appointment; pay.--The personnel and administration 
        committee may appoint and fix the pay of such other personnel 
        as the committee considers desirable.
            (3) Staff appointments.--All staff appointments shall be 
        made without regard--
                    (A) to the provisions of title 5, United States 
                Code, governing appointments in the competitive 
                service; or
                    (B) to the provisions of chapter 51 and subchapter 
                III of chapter 53 of such title relating to 
                classification and general schedule pay rates.
            (4) Qualifications of professional staff.--The personnel 
        and administration committee shall ensure that the professional 
        staff of the Commission consists of persons with expertise in 
        the areas following:
                    (A) Energy.
                    (B) Environmental protection.
                    (C) Trade.
                    (D) Chinese and Indian politics, economics, and 
                language.
            (5) Commission employees as congressional employees.--For 
        purposes of pay and other employment benefits, rights, and 
        privileges, and for all other purposes, any employee of the 
        Commission shall be considered to be a congressional employee 
        as defined in section 2107 of title 5, United States Code.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR THE COMMISSION.

    (a) Authorization; Disbursements.--
            (1) Authorization.--There are authorized to be appropriated 
        to the Commission $5,000,000 for each of the fiscal years 2009 
        through 2013 to carry out the provisions of this Act. Any sums 
        appropriated to the Commission shall remain available until 
        expended.
            (2) Disbursements.--Appropriations to the Commission shall 
        be disbursed on vouchers approved--
                    (A) jointly by the Chairperson and the 
                Cochairperson; or
                    (B) by a majority of the members of the personnel 
                and administration committee established pursuant to 
                section 5(a).
    (b) Foreign Travel for Official Purposes.--Foreign travel for 
official purposes by members and staff of the Commission may be 
authorized by either the Chairperson or the Cochairperson.
    (c) Printing and Binding Costs.--For purposes of costs relating to 
printing and binding, including the costs of personnel detailed from 
the Government Printing Office, the Commission shall be deemed to be a 
committee of Congress.

SEC. 7. SUNSET.

    The Commission shall terminate on September 30, 2013.
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