[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5705 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5705

To establish a commission to study methods for improving and promoting 
 bilateral renewable energy cooperation between the United States and 
                     India, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 3, 2008

  Mr. McDermott (for himself and Mr. Markey) introduced the following 
      bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
To establish a commission to study methods for improving and promoting 
 bilateral renewable energy cooperation between the United States 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. SHORT TITLE.

    This Act may be cited as the ``Clean Energy Partnership with India 
Act of 2008''.

SEC. 2. RENEWABLE ENERGY DEFINED.

    For purposes of this Act, the term ``renewable energy'' means an 
energy supply or end-use technology (including solar technology, wind 
technology, geothermal technology, hydroelectric technology, and carbon 
capture technology), that over its life cycle and compared to a similar 
technology already in commercial use--
            (1) is reliable, affordable, economically viable, socially 
        acceptable, and compatible with the needs and norms of--
                    (A) each country that has a generating plant that 
                generates energy that is used in India or the United 
                States; and
                    (B) each country that uses energy or end-use 
                technology that is generated or produced in India or 
                the United States;
            (2) results in--
                    (A) reduced emissions of greenhouse gases; or
                    (B) increased geological sequestration of 
                greenhouse gases; and
            (3) may result in--
                    (A) substantially reduced emissions of air 
                pollutants; or
                    (B) the generation of substantially smaller or less 
                hazardous quantities of solid or liquid waste.

    TITLE I--CONGRESSIONAL COMMISSION ON RENEWABLE POWER TECHNOLOGY 
                                COMMERCE

SEC. 101. ESTABLISHMENT.

    There is established in the legislative branch a commission to be 
known as the Congressional Commission on Renewable Power Technology 
Commerce with India (in this title referred to as the ``Commission''). 
The Commission shall study the methods of improving and promoting 
bilateral renewable energy cooperation between the United States and 
India.

SEC. 102. DUTIES OF THE COMMISSION.

    The Commission shall make recommendations to Congress and the 
President on methods and strategies to develop joint energy policy 
between the United States and India to provide reliable energy 
throughout India through the utilization of renewable, environmentally-
friendly means of production. The Commission shall submit to Congress 
and the President a report containing--
            (1) a description of--
                    (A) general market conditions for energy in India 
                and the potential for renewable technology solutions in 
                particular;
                    (B) key policy constraints that exist in the United 
                States and India for the production and distribution of 
                renewable energy in India;
                    (C) best practices for public, private, and public-
                private partnerships that can spur investment in Indian 
                energy production and distribution through renewable 
                means in India; and
                    (D) key constraints preventing renewable technology 
                companies organized under the laws of the United States 
                or any State from investing in India; and
            (2) its recommendations--
                    (A) to address the constraints described by the 
                Commission under paragraph (1)(D);
                    (B) regarding policy measures that the governments 
                of India and the United States could take to help 
                realize the full potential of its collaboration with 
                the United States on energy policy;
                    (C) for developing an optimal framework for joint 
                research and development opportunities related to 
                renewable energy between the United States and India in 
                the private, educational, and public sectors; and
                    (D) regarding the ideal role for energy-related 
                end-user devices (such as energy-efficient devices used 
                in residential and commercial buildings) in a policy 
                emphasizing energy efficiency.

SEC. 103. MEMBERSHIP.

    (a) Number and Appointment.--
            (1) In general.--The Commission shall be composed of 15 
        members appointed as follows:
                    (A) Five members appointed by the President, 
                including at least two representatives of 
                nongovernmental organizations.
                    (B) Three members appointed by the Speaker of the 
                House of Representatives and two members appointed by 
                the minority leader of the House of Representatives.
                    (C) Three members appointed by the majority leader 
                of the Senate and two members appointed by the minority 
                leader of the Senate.
            (2) Chairperson.--At the time of appointment, the President 
        shall designate one of the members appointed in paragraph 
        (1)(A) as the Chairperson of the Commission.
    (b) Qualifications.--To be eligible for appointment as a member of 
the Commission, an individual shall be of recognized standing and 
distinction in one or more of the following:
            (1) Renewable energy production.
            (2) The transmission and distribution of energy.
            (3) Energy efficiency.
            (4) Business.
            (5) Entrepreneurship.
            (6) Academia and public policy.
    (c) Deadline for Appointment.--The members of the Commission shall 
be appointed before the end of the 60-day period beginning on the date 
of the enactment of this title.
    (d) Terms.--
            (1) In general.--Each member shall be appointed for the 
        life of the Commission.
            (2) Vacancies.--A vacancy in the Commission shall not 
        affect the power of the remaining members to execute the duties 
        of the Commission. Any such vacancy shall be filled in the same 
        manner in which the original appointment was made.
    (e) Compensation.--
            (1) Rates of pay.--Each member may 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 under section 5315 of title 5, United States Code, for 
        each day during which each such member is engaged in the actual 
        performance of the duties of the Commission.
            (2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with applicable provisions of subchapter I of 
        chapter 57 of title 5, United States Code, while away from the 
        home or regular place of business of the member in performance 
        of the duties of the Commission.
            (3) Prohibition of compensation of federal employees.--
        Notwithstanding the provisions of paragraphs (1) and (2), any 
        member of the Commission who is a full-time officer or employee 
        of the United States or a Member of Congress may not receive 
        additional pay, allowances, or benefits by reason their of 
        service on the Commission.
    (f) Meetings.--
            (1) Frequency.--
                    (A) Quarterly meetings.--The Commission shall meet 
                at least quarterly.
                    (B) Additional meetings.--In addition to quarterly 
                meetings, the Commission shall meet at the call of the 
                Chairperson or a majority of its members.
            (2) Quorum.--Five members of the Commission shall 
        constitute a quorum but a lesser number may hold hearings.
            (3) Meeting by telephone or other appropriate technology.--
        Members of the Commission may meet using telephones or other 
        suitable telecommunications technologies if all members of the 
        Commission are able to communicate with all other members 
        simultaneously.

SEC. 104. DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.

    (a) Director.--
            (1) Appointment.--The Commission shall have a director who 
        shall be appointed by the chairperson of the Commission with 
        the approval of a majority of the members of the Commission.
            (2) Qualifications.--To be eligible for appointment as the 
        director, an individual shall be of recognized standing and 
        distinction in one or more of the following:
                    (A) International, national, or local public 
                service.
                    (B) Service-learning, as defined in section 101(23) 
                of the National and Community Service Act of 1990 (42 
                U.S.C. 12511(23)).
            (3) Salary.--The director shall be paid at a rate 
        determined by the chairperson with the approval of the 
        Commission, except that the rate of pay may not exceed the 
        maximum rate of basic pay for GS-15 of the General Schedule.
    (b) Staff.--With the approval of the chairperson, the director may 
appoint and fix the pay of additional qualified personnel as the 
director considers appropriate, except that the rate of pay may not 
exceed the maximum rate of basic pay for GS-15 of the General Schedule.
    (c) Experts and Consultants.--With the approval of the Commission, 
the director may procure temporary and intermittent services in the 
same manner as an agency under section 3109(b) of title 5, United 
States Code, but at rates for individuals not to exceed the daily 
equivalent of the maximum annual rate of basic pay for GS-15 of the 
General Schedule.
    (d) Staff of Federal Agencies.--Upon request of the Commission, the 
head of any department or agency of the United States may detail, on a 
reimbursable basis, any of the personnel of that department or agency 
to the Commission to assist the Commission in carrying out its duties 
under this title.

SEC. 105. POWERS OF COMMISSION.

    (a) Hearings and Sessions.--For the purpose of carrying out this 
title, the Commission may hold public hearings, sit and act at times 
and places, take testimony, and receive evidence as the Commission 
considers appropriate.
    (b) Powers of Members and Agents.--If authorized by the Commission, 
any member or agent of the Commission may take any action that the 
Commission is authorized to take by this title.
    (c) Obtaining Official Data.--The Commission may secure directly 
from any department or agency of the United States information 
necessary to enable it to carry out its duties under this title. Upon 
request of the chairperson, the head of the department or agency shall 
furnish that information to the Commission.
    (d) Mails.--The Commission may use the United States mails in the 
same manner and under the same conditions as other departments and 
agencies of the United States.
    (e) Physical Facilities and Equipment.--The Architect of the 
Capitol shall provide, on a nonreimbursable basis, suitable facilities 
and equipment for the operation of the Commission.
    (f) Administrative Support Services.--Upon the request of the 
Commission, the Architect of the Capitol and the Administrator of 
General Services shall provide to the Commission, on a nonreimbursable 
basis, the administrative support services necessary for the Commission 
to carry out its duties under this title.
    (g) Contract Authority.--To the extent provided in advance in 
appropriations Acts, the Commission may contract with and compensate 
Government and private agencies or persons for services necessary for 
the Commission to carry out its duties under this title.

SEC. 106. REPORTS.

    (a) Interim Report.--Not later than the last day of the 12-month 
period beginning on the date of the enactment of this title, the 
Commission shall submit to Congress an interim report on its 
activities.
    (b) Final Report.--Not later than the last day of the 120-day 
period beginning on the date of submission of the interim report 
required under subsection (a), the Commission shall submit to Congress 
a final report containing a detailed statement of the findings of the 
Commission, together with its recommendations for proposed legislation.

SEC. 107. TERMINATION.

    The Commission shall terminate not later than 30 days after 
submitting its final report under section 106(b).

           TITLE II--DEVELOPMENT AND CAPACITY BUILDING REPORT

SEC. 201. DEVELOPMENT AND CAPACITY BUILDING REPORT.

    Not later than the last day of the one-year period beginning on the 
date of the enactment of this Act, the Secretary of State, in 
consultation with the Secretary of Energy and the Secretary of 
Commerce, shall submit to Congress a report that--
            (1) details the extent to which energy is reliably 
        available in India and what portion of such energy is produced 
        through renewable means;
            (2) estimates the investment, export, and job creation 
        potential if United States industry plays a central role in the 
        production and distribution of renewable energy in India;
            (3) estimates the economic benefits and poverty reduction 
        that would result if India's energy needs were substantially 
        met through the use of renewable energy;
            (4) estimates the level of greenhouse gasses that India 
        would produce in the coming years if India did not pursue 
        renewable means of energy production;
            (5) contains recommendations for the Federal Government and 
        the private sector regarding the provision of technical 
        assistance to assist in the investment, production, and 
        distribution of renewable energy in India.

                  TITLE III--RENEWABLE ENERGY COUNCIL

SEC. 301. RENEWABLE ENERGY COUNCIL.

    (a) Establishment.--Not later than 60 days after the date of the 
enactment of this Act, the President shall seek to establish a 
permanent joint renewable energy council between the United States and 
India.
    (b) Purpose.--The purpose of the council referred to in subsection 
(a) shall be to provide advice to the President of the United States 
and the Prime Minister of India concerning the promotion of 
environmentally sustainable economic growth in India and the United 
States through public policy related to the pursuit and facilitation of 
investment, production, and distribution of renewable energy in India.
    (c) Membership.--The membership of the council shall consist of--
            (1) representatives from the legislative and executive 
        branches of--
                    (A) the Government of the United States; and
                    (B) the Government of India; and
            (2) representatives from the private sector in--
                    (A) the United States; and
                    (B) India.
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