I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Energy Partner5 ship with India Act of 2008’’. 

6 SEC. 2. RENEWABLE ENERGY DEFINED. 

7 For purposes of this Act, the term ‘‘renewable en8 ergy’’ means an energy supply or end-use technology (inVerDate Aug 31 2005 23:12 Apr 04, 2008 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

jlentini on PROD1PC65 with BILLS
2 

•HR 5705 IH

1 cluding solar technology, wind technology, geothermal 

2 technology, hydroelectric technology, and carbon capture 

3 technology), that over its life cycle and compared to a 

4 similar technology already in commercial use— 

5 (1) is reliable, affordable, economically viable, 

6 socially acceptable, and compatible with the needs 

7 and norms of— 

8 (A) each country that has a generating 

9 plant that generates energy that is used in 

10 India or the United States; and 

11 (B) each country that uses energy or end12 use technology that is generated or produced in 

13 India or the United States; 

14 (2) results in— 

15 (A) reduced emissions of greenhouse gases; 

16 or 

17 (B) increased geological sequestration of 

18 greenhouse gases; and 

19 (3) may result in— 

20 (A) substantially reduced emissions of air 

21 pollutants; or 

22 (B) the generation of substantially smaller 

23 or less hazardous quantities of solid or liquid 

24 waste. 


jlentini on PROD1PC65 with BILLS
3 

•HR 5705 IH

1 TITLE I—CONGRESSIONAL COM2 MISSION ON RENEWABLE 

3 POWER TECHNOLOGY COM4 MERCE 

5 SEC. 101. ESTABLISHMENT. 

6 There is established in the legislative branch a com7 mission to be known as the Congressional Commission on 

8 Renewable Power Technology Commerce with India (in 

9 this title referred to as the ‘‘Commission’’). The Commis10 sion shall study the methods of improving and promoting 

11 bilateral renewable energy cooperation between the United 

12 States and India. 

13 SEC. 102. DUTIES OF THE COMMISSION. 

14 The Commission shall make recommendations to 

15 Congress and the President on methods and strategies to 

16 develop joint energy policy between the United States and 

17 India to provide reliable energy throughout India through 

18 the utilization of renewable, environmentally–friendly 

19 means of production. The Commission shall submit to 

20 Congress and the President a report containing— 

21 (1) a description of— 

22 (A) general market conditions for energy 

23 in India and the potential for renewable tech24 nology solutions in particular; 


jlentini on PROD1PC65 with BILLS
4 

•HR 5705 IH

1 (B) key policy constraints that exist in the 

2 United States and India for the production and 

3 distribution of renewable energy in India; 

4 (C) best practices for public, private, and 

5 public-private partnerships that can spur invest6 ment in Indian energy production and distribu7 tion through renewable means in India; and 

8 (D) key constraints preventing renewable 

9 technology companies organized under the laws 

10 of the United States or any State from invest11 ing in India; and 

12 (2) its recommendations— 

13 (A) to address the constraints described by 

14 the Commission under paragraph (1)(D); 

15 (B) regarding policy measures that the 

16 governments of India and the United States 

17 could take to help realize the full potential of 

18 its collaboration with the United States on en19 ergy policy; 

20 (C) for developing an optimal framework 

21 for joint research and development opportuni22 ties related to renewable energy between the 

23 United States and India in the private, edu24 cational, and public sectors; and 


jlentini on PROD1PC65 with BILLS
5 

•HR 5705 IH

1 (D) regarding the ideal role for energy-re2 lated end-user devices (such as energy-efficient 

3 devices used in residential and commercial 

4 buildings) in a policy emphasizing energy effi5 ciency. 

6 SEC. 103. MEMBERSHIP. 

7 (a) NUMBER AND APPOINTMENT.— 

8 (1) IN GENERAL.—The Commission shall be 

9 composed of 15 members appointed as follows: 

10 (A) Five members appointed by the Presi11 dent, including at least two representatives of 

12 nongovernmental organizations. 

13 (B) Three members appointed by the 

14 Speaker of the House of Representatives and 

15 two members appointed by the minority leader 

16 of the House of Representatives. 

17 (C) Three members appointed by the ma18 jority leader of the Senate and two members 

19 appointed by the minority leader of the Senate. 

20 (2) CHAIRPERSON.—At the time of appoint21 ment, the President shall designate one of the mem22 bers appointed in paragraph (1)(A) as the Chair23 person of the Commission. 

24 (b) QUALIFICATIONS.—To be eligible for appoint25 ment as a member of the Commission, an individual shall 


jlentini on PROD1PC65 with BILLS
6 

•HR 5705 IH

1 be of recognized standing and distinction in one or more 

2 of the following: 

3 (1) Renewable energy production. 

4 (2) The transmission and distribution of en5 ergy. 

6 (3) Energy efficiency. 

7 (4) Business. 

8 (5) Entrepreneurship. 

9 (6) Academia and public policy. 

10 (c) DEADLINE FOR APPOINTMENT.—The members of 

11 the Commission shall be appointed before the end of the 

12 60-day period beginning on the date of the enactment of 

13 this title. 

14 (d) TERMS.— 

15 (1) IN GENERAL.—Each member shall be ap16 pointed for the life of the Commission. 

17 (2) VACANCIES.—A vacancy in the Commission 

18 shall not affect the power of the remaining members 

19 to execute the duties of the Commission. Any such 

20 vacancy shall be filled in the same manner in which 

21 the original appointment was made. 

22 (e) COMPENSATION.— 

23 (1) RATES OF PAY.—Each member may be 

24 compensated at a rate not to exceed the daily equiv25 alent of the annual rate of basic pay in effect for a 


jlentini on PROD1PC65 with BILLS
7 

•HR 5705 IH

1 position at level IV of the Executive Schedule under 

2 section 5315 of title 5, United States Code, for each 

3 day during which each such member is engaged in 

4 the actual performance of the duties of the Commis5 sion. 

6 (2) TRAVEL EXPENSES.—Each member shall 

7 receive travel expenses, including per diem in lieu of 

8 subsistence, in accordance with applicable provisions 

9 of subchapter I of chapter 57 of title 5, United 

10 States Code, while away from the home or regular 

11 place of business of the member in performance of 

12 the duties of the Commission. 

13 (3) PROHIBITION OF COMPENSATION OF FED14 ERAL EMPLOYEES.—Notwithstanding the provisions 

15 of paragraphs (1) and (2), any member of the Com16 mission who is a full-time officer or employee of the 

17 United States or a Member of Congress may not re18 ceive additional pay, allowances, or benefits by rea19 son their of service on the Commission. 

20 (f) MEETINGS.— 

21 (1) FREQUENCY.— 

22 (A) QUARTERLY MEETINGS.—The Com23 mission shall meet at least quarterly. 

24 (B) ADDITIONAL MEETINGS.—In addition 

25 to quarterly meetings, the Commission shall 


jlentini on PROD1PC65 with BILLS
8 

•HR 5705 IH

1 meet at the call of the Chairperson or a major2 ity of its members. 

3 (2) QUORUM.—Five members of the Commis4 sion shall constitute a quorum but a lesser number 

5 may hold hearings. 

6 (3) MEETING BY TELEPHONE OR OTHER AP7 PROPRIATE TECHNOLOGY.—Members of the Com8 mission may meet using telephones or other suitable 

9 telecommunications technologies if all members of 

10 the Commission are able to communicate with all 

11 other members simultaneously. 

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

13 AND CONSULTANTS. 

14 (a) DIRECTOR.— 

15 (1) APPOINTMENT.—The Commission shall 

16 have a director who shall be appointed by the chair17 person of the Commission with the approval of a 

18 majority of the members of the Commission. 

19 (2) QUALIFICATIONS.—To be eligible for ap20 pointment as the director, an individual shall be of 

21 recognized standing and distinction in one or more 

22 of the following: 

23 (A) International, national, or local public 

24 service. 


jlentini on PROD1PC65 with BILLS
9 

•HR 5705 IH

1 (B) Service-learning, as defined in section 

2 101(23) of the National and Community Serv3 ice Act of 1990 (42 U.S.C. 12511(23)). 

4 (3) SALARY.—The director shall be paid at a 

5 rate determined by the chairperson with the ap6 proval of the Commission, except that the rate of 

7 pay may not exceed the maximum rate of basic pay 

8 for GS–15 of the General Schedule. 

9 (b) STAFF.—With the approval of the chairperson, 

10 the director may appoint and fix the pay of additional 

11 qualified personnel as the director considers appropriate, 

12 except that the rate of pay may not exceed the maximum 

13 rate of basic pay for GS–15 of the General Schedule. 

14 (c) EXPERTS AND CONSULTANTS.—With the ap15 proval of the Commission, the director may procure tem16 porary and intermittent services in the same manner as 

17 an agency under section 3109(b) of title 5, United States 

18 Code, but at rates for individuals not to exceed the daily 

19 equivalent of the maximum annual rate of basic pay for 

20 GS–15 of the General Schedule. 

21 (d) STAFF OF FEDERAL AGENCIES.—Upon request 

22 of the Commission, the head of any department or agency 

23 of the United States may detail, on a reimbursable basis, 

24 any of the personnel of that department or agency to the 


jlentini on PROD1PC65 with BILLS
10 

•HR 5705 IH

1 Commission to assist the Commission in carrying out its 

2 duties under this title. 

3 SEC. 105. POWERS OF COMMISSION. 

4 (a) HEARINGS AND SESSIONS.—For the purpose of 

5 carrying out this title, the Commission may hold public 

6 hearings, sit and act at times and places, take testimony, 

7 and receive evidence as the Commission considers appro8 priate. 

9 (b) POWERS OF MEMBERS AND AGENTS.—If author10 ized by the Commission, any member or agent of the Com11 mission may take any action that the Commission is au12 thorized to take by this title. 

13 (c) OBTAINING OFFICIAL DATA.—The Commission 

14 may secure directly from any department or agency of the 

15 United States information necessary to enable it to carry 

16 out its duties under this title. Upon request of the chair17 person, the head of the department or agency shall furnish 

18 that information to the Commission. 

19 (d) MAILS.—The Commission may use the United 

20 States mails in the same manner and under the same con21 ditions as other departments and agencies of the United 

22 States. 

23 (e) PHYSICAL FACILITIES AND EQUIPMENT.—The 

24 Architect of the Capitol shall provide, on a nonreimbursVerDate Aug 31 2005 23:12 Apr 04, 2008 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5705.IH H5705

jlentini on PROD1PC65 with BILLS
11 

•HR 5705 IH

1 able basis, suitable facilities and equipment for the oper2 ation of the Commission. 

3 (f) ADMINISTRATIVE SUPPORT SERVICES.—Upon the 

4 request of the Commission, the Architect of the Capitol 

5 and the Administrator of General Services shall provide 

6 to the Commission, on a nonreimbursable basis, the ad7 ministrative support services necessary for the Commis8 sion to carry out its duties under this title. 

9 (g) CONTRACT AUTHORITY.—To the extent provided 

10 in advance in appropriations Acts, the Commission may 

11 contract with and compensate Government and private 

12 agencies or persons for services necessary for the Commis13 sion to carry out its duties under this title. 

14 SEC. 106. REPORTS. 

15 (a) INTERIM REPORT.—Not later than the last day 

16 of the 12-month period beginning on the date of the enact17 ment of this title, the Commission shall submit to Con18 gress an interim report on its activities. 

19 (b) FINAL REPORT.—Not later than the last day of 

20 the 120-day period beginning on the date of submission 

21 of the interim report required under subsection (a), the 

22 Commission shall submit to Congress a final report con23 taining a detailed statement of the findings of the Com24 mission, together with its recommendations for proposed 

25 legislation. 


jlentini on PROD1PC65 with BILLS
12 

•HR 5705 IH

1 SEC. 107. TERMINATION. 

2 The Commission shall terminate not later than 30 

3 days after submitting its final report under section 106(b). 

4 TITLE II—DEVELOPMENT AND 

5 CAPACITY BUILDING REPORT 

6 SEC. 201. DEVELOPMENT AND CAPACITY BUILDING RE7 PORT. 

8 Not later than the last day of the one-year period 

9 beginning on the date of the enactment of this Act, the 

10 Secretary of State, in consultation with the Secretary of 

11 Energy and the Secretary of Commerce, shall submit to 

12 Congress a report that— 

13 (1) details the extent to which energy is reliably 

14 available in India and what portion of such energy 

15 is produced through renewable means; 

16 (2) estimates the investment, export, and job 

17 creation potential if United States industry plays a 

18 central role in the production and distribution of re19 newable energy in India; 

20 (3) estimates the economic benefits and poverty 

21 reduction that would result if India’s energy needs 

22 were substantially met through the use of renewable 

23 energy; 

24 (4) estimates the level of greenhouse gasses 

25 that India would produce in the coming years if 


jlentini on PROD1PC65 with BILLS
13 

•HR 5705 IH

1 India did not pursue renewable means of energy pro2 duction; 

3 (5) contains recommendations for the Federal 

4 Government and the private sector regarding the 

5 provision of technical assistance to assist in the in6 vestment, production, and distribution of renewable 

7 energy in India. 

8 TITLE III—RENEWABLE ENERGY 

9 COUNCIL 

10 SEC. 301. RENEWABLE ENERGY COUNCIL. 

11 (a) ESTABLISHMENT.—Not later than 60 days after 

12 the date of the enactment of this Act, the President shall 

13 seek to establish a permanent joint renewable energy 

14 council between the United States and India. 

15 (b) PURPOSE.—The purpose of the council referred 

16 to in subsection (a) shall be to provide advice to the Presi17 dent of the United States and the Prime Minister of India 

18 concerning the promotion of environmentally sustainable 

19 economic growth in India and the United States through 

20 public policy related to the pursuit and facilitation of in21 vestment, production, and distribution of renewable energy 

22 in India. 

23 (c) MEMBERSHIP.—The membership of the council 

24 shall consist of— 


jlentini on PROD1PC65 with BILLS
14 

•HR 5705 IH

1 (1) representatives from the legislative and ex2 ecutive branches of— 

3 (A) the Government of the United States; 

4 and 

5 (B) the Government of India; and 

6 (2) representatives from the private sector in— 

7 (A) the United States; and 

8 (B) India. 

Æ 


jlentini on PROD1PC65 with BILLS