1.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.
2.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.
3.Establishment of
Congressional-Executive Commission to coordinate energy and environmental
issues relating to the United States, China, and India
(a)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)
(1)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)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 membersThe 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
chairpersonAt 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
cochairpersonAt 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)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)Two-thirds
of the members of the Commission shall constitute a quorum for purposes of
conducting business.
(d)
(1)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 reportThe 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)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
appropriationsThe report required by paragraph (1) shall include
an assessment and accounting of how the Commission used any appropriations made
to the Commission.
4.Testimony of
witnesses; production of evidence; issuance of subpoenas; administration of
oaths
(a)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 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.
5.
(a)Personnel and
administration committeeThe 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)
(1)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)The personnel and administration committee may appoint and
fix the pay of such other personnel as the committee considers
desirable.
(3)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 staffThe 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 employeesFor 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.
6.Authorization of
appropriations for the Commission
(a)Authorization;
disbursements
(1)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)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 purposesForeign 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 costsFor 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.
7.The Commission shall terminate on September
30, 2013.