II 

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. 

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

3 SECTION 1. FINDINGS. 

4 Congress makes the following findings: 

5 (1) The United States, the People’s Republic of 

6 China (China), and the Republic of India (India) ac7 count for 35 percent of the world’s demand for pe8 troleum. All 3 countries are negatively impacted by 


wwoods2 on PRODPC68 with BILLS
2 

•S 3723 IS

1 high and volatile oil and petroleum prices and have 

2 a common interest in avoiding global supply shocks, 

3 developing alternative fuel sources, and lessening re4 liance on supplies of oil and petroleum from unstable 

5 regions of the world. 

6 (2) China, the United States, and India are re7 spectively the top 3 producers and consumers of coal 

8 in the world. 

9 (3) The United States, China, and India respec10 tively represent the largest, second largest, and fifth 

11 largest electricity generators in the world. 

12 (4) China is likely the world’s largest source of 

13 anthropogenic greenhouse gas emissions, followed 

14 closely by the United States, and India is the world’s 

15 fifth largest greenhouse gas emitter. 

16 (5) According to the World Bank, 16 of the 

17 world’s 20 most polluted cities are in China. Ninety 

18 percent of all rivers in China show signs of signifi19 cant pollution, and 62 percent of China’s waterways 

20 are unsuitable for fish. Several areas in India have 

21 heavy metal and chemical contamination in con22 centrations many times higher than international 

23 health standards. 

24 (6) Given these shared energy challenges, the 

25 United States, China, and India have a vested interVerDate Aug 31 2005 23:47 Dec 08, 2008 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723

wwoods2 on PRODPC68 with BILLS
3 

•S 3723 IS

1 est in partnering on policies that could help avoid 

2 future tensions over limited and geographically con3 strained energy resources. 

4 (7) Mutually beneficial scientific, technological, 

5 and trade partnerships between the United States, 

6 China, and India can accelerate the transition to 

7 more sustainable and secure energy supplies, such as 

8 wind, solar, biofuels, and clean coal, and provide tre9 mendous economic, environmental, and security ben10 efits for all 3 nations. 

11 SEC. 2. POLICY. 

12 It is the policy of the United States to develop an 

13 informed dialogue with China and India regarding the sus14 tainable use of energy and the protection of the environ15 ment, the promotion of best practices for clean energy and 

16 technology investments, and the development and transfer 

17 of energy and environmental technologies based on fair 

18 and robust international trading regimes. 

19 SEC. 3. ESTABLISHMENT OF CONGRESSIONAL-EXECUTIVE 

20 COMMISSION TO COORDINATE ENERGY AND 

21 ENVIRONMENTAL ISSUES RELATING TO THE 

22 UNITED STATES, CHINA, AND INDIA. 

23 (a) ESTABLISHMENT.—There is established a Con24 gressional-Executive Commission on Clean Energy Trade 

25 Between Key Consuming Nations (in this Act referred to 


wwoods2 on PRODPC68 with BILLS
4 

•S 3723 IS

1 as the ‘‘Commission’’) to coordinate energy and environ2 mental issues relating to the United States, China, and 

3 India. 

4 (b) GOAL OF THE COMMISSION.— 

5 (1) IN GENERAL.—The goal of the Commission 

6 is to establish a dialogue among the United States, 

7 China, and India to promote the policy described in 

8 section 2. 

9 (2) DIALOGUE.—The Commission shall provide 

10 a cooperative and collaborative dialogue in the fol11 lowing areas: 

12 (A) Development and promotion of clean, 

13 efficient, and secure electricity production and 

14 transmission. 

15 (B) Development and promotion of clean 

16 water, water quality management, and safe 

17 drinking water. 

18 (C) Development and promotion of clean 

19 air and air quality management. 

20 (D) Development and promotion of clean 

21 and efficient transportation. 

22 (E) Conservation and management of for23 ests and wetlands, and the ecosystems of forests 

24 and wetlands. 

25 (c) MEMBERSHIP OF THE COMMISSION.— 


wwoods2 on PRODPC68 with BILLS
5 

•S 3723 IS

1 (1) SELECTION AND APPOINTMENT OF MEM2 BERS.—The Commission shall be composed of 17 

3 members as follows: 

4 (A) Five Members of the House of Rep5 resentatives, appointed by the Speaker of the 

6 House of Representatives, of which— 

7 (i) 3 members shall be selected from 

8 the majority party; and 

9 (ii) 2 members shall be selected, after 

10 consultation with the minority leader of 

11 the House, from the minority party. 

12 (B) Five Members of the Senate, ap13 pointed by the President of the Senate, of 

14 which— 

15 (i) 3 members shall be selected, after 

16 consultation with the majority leader of the 

17 Senate, from the majority party; and 

18 (ii) 2 members shall be selected, after 

19 consultation with the minority leader of 

20 the Senate, from the minority party. 

21 (C) One representative of the Department 

22 of State, appointed by the President from 

23 among officers and employees of that Depart24 ment. 


wwoods2 on PRODPC68 with BILLS
6 

•S 3723 IS

1 (D) One representative of the Department 

2 of Energy, appointed by the President from 

3 among officers and employees of that Depart4 ment. 

5 (E) One representative of the Environ6 mental Protection Agency, appointed by the 

7 President from among officers and employees of 

8 that Agency. 

9 (F) One representative of the Department 

10 of Commerce, appointed by the President from 

11 among officers and employees of that Depart12 ment. 

13 (G) Three at-large representatives, ap14 pointed by the President from among the offi15 cers and employees of the executive branch of 

16 the Government. 

17 (2) CHAIRPERSON AND COCHAIRPERSON.— 

18 (A) DESIGNATION OF CHAIRPERSON.—At 

19 the beginning of each odd-numbered Congress, 

20 the President of the Senate, on the rec21 ommendation of the majority leader, shall des22 ignate 1 of the members of the Commission 

23 from the Senate as Chairperson of the Commis24 sion. At the beginning of each even-numbered 

25 Congress, the Speaker of the House of RepVerDate Aug 31 2005 23:47 Dec 08, 2008 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723

wwoods2 on PRODPC68 with BILLS
7 

•S 3723 IS

1 resentatives shall designate 1 of the members of 

2 the Commission from the House as Chairperson 

3 of the Commission. 

4 (B) DESIGNATION OF COCHAIRPERSON.— 

5 At the beginning of each odd-numbered Con6 gress, the Speaker of the House of Representa7 tives shall designate 1 of the members of the 

8 Commission from the House as Cochairperson 

9 of the Commission. At the beginning of each 

10 even-numbered Congress, the President of the 

11 Senate, on the recommendation of the majority 

12 leader, shall designate 1 of the members of the 

13 Commission from the Senate as Cochairperson 

14 of the Commission. 

15 (3) VOTES OF THE COMMISSION.—Decisions of 

16 the Commission, including adoption of reports and 

17 recommendations, shall be made by a majority vote 

18 of the members of the Commission present and vot19 ing. 

20 (4) QUORUM.—Two-thirds of the members of 

21 the Commission shall constitute a quorum for pur22 poses of conducting business. 

23 (d) ANNUAL REPORT.— 

24 (1) IN GENERAL.—The Commission shall sub25 mit a report to the President and the Congress not 


wwoods2 on PRODPC68 with BILLS
8 

•S 3723 IS

1 later than September 15, 2009, and annually there2 after, setting forth the assessments and analyses de3 scribed in paragraph (2), the recommendations de4 scribed in paragraph (3), and the assessment and 

5 accounting described in paragraph (4). The Commis6 sion may submit to the President and Congress re7 ports that supplement annual reports described in 

8 this subsection, as appropriate. 

9 (2) CONTENTS OF ANNUAL REPORT.—The re10 port required by paragraph (1) shall include the fol11 lowing for the 12-month period preceding the report: 

12 (A) A comprehensive assessment of Chi13 na’s and India’s efforts to initiate or implement 

14 programs associated with the policy described in 

15 section 2. 

16 (B) An analysis of the state of energy sup17 ply and demand challenges and environmental 

18 protection issues shared by China, India, and 

19 the United States, as well as how those chal20 lenges and issues impact the greater global 

21 community. 

22 (C) An analysis of the funding levels and 

23 support for research and development and com24 mercial investment in clean energy and environVerDate Aug 31 2005 23:47 Dec 08, 2008 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3723.IS S3723

wwoods2 on PRODPC68 with BILLS
9 

•S 3723 IS

1 mental technologies, products, and services by 

2 China and India. 

3 (D) An analysis of the issues regarding 

4 technology transfer and sharing, including the 

5 role that intellectual property protection plays 

6 in limiting trade in clean energy technologies 

7 among China, India, and the United States. 

8 (E) An analysis of export and import data 

9 regarding trade among China, India, and the 

10 United States for clean energy and environ11 mental technologies, products, and services. 

12 (F) An analysis of the patterns of trade 

13 and investment between China and India, and 

14 their major trading partners (other than the 

15 United States) with respect to clean energy and 

16 environmental technologies, products, and serv17 ices that appear to be substantively different 

18 from trade and investment patterns between 

19 China, India, and the United States and the 

20 impact those differences have on commercial 

21 opportunities to United States businesses. 

22 (3) RECOMMENDATIONS.—The Commission 

23 shall include in the report required by paragraph (1) 

24 recommendations for action by Congress and the 

25 President on— 


wwoods2 on PRODPC68 with BILLS
10 

•S 3723 IS

1 (A) how to maximize the development and 

2 deployment of clean energy and environmental 

3 technologies, products, and services in China, 

4 India, and the United States; and 

5 (B) how to ensure that trade in such tech6 nologies, products, and services benefits the in7 terests of the United States. 

8 (4) EXPENDITURE OF APPROPRIATIONS.—The 

9 report required by paragraph (1) shall include an as10 sessment and accounting of how the Commission 

11 used any appropriations made to the Commission. 

12 SEC. 4. TESTIMONY OF WITNESSES; PRODUCTION OF EVI13 DENCE; ISSUANCE OF SUBPOENAS; ADMINIS14 TRATION OF OATHS. 

15 (a) IN GENERAL.—In carrying out the provisions of 

16 this Act, the Commission may require, by subpoena or oth17 erwise, the attendance and testimony of such witnesses 

18 and the production of such books, records, correspond19 ence, memoranda, papers, documents, and electronically 

20 recorded data as the Commission considers necessary. 

21 (b) SUBPOENAS.—Subpoenas may be issued only pursuant to a 2 22 ⁄3 vote of members of the Commission present 

23 and voting. Subpoenas may be issued over the signature 

24 of the Chairperson of the Commission or any member des25 ignated by the Chairperson, and may be served by any 


wwoods2 on PRODPC68 with BILLS
11 

•S 3723 IS

1 person designated by the Chairperson or such member. 

2 The Chairperson of the Commission, or any member des3 ignated by the Chairperson, may administer oaths to any 

4 witnesses. 

5 SEC. 5. STAFF OF THE COMMISSION. 

6 (a) PERSONNEL AND ADMINISTRATION COM7 MITTEE.—The Commission shall have a personnel and ad8 ministration committee composed of the Chairperson, the 

9 Cochairperson, the senior member of the Commission from 

10 the minority party of the House of Representatives, and 

11 the senior member of the Commission from the minority 

12 party of the Senate. 

13 (b) COMMITTEE FUNCTIONS.— 

14 (1) IN GENERAL.—All decisions pertaining to 

15 the hiring, firing, and fixing of pay of personnel of 

16 the Commission shall be by a majority vote of the 

17 personnel and administration committee, except 

18 that— 

19 (A) the Chairperson shall be entitled to ap20 point and fix the pay of the staff director, and 

21 the Cochairperson shall be entitled to appoint 

22 and fix the pay of the Cochairperson’s senior 

23 staff member; and 

24 (B) the Chairperson and Cochairperson 

25 shall each have the authority to appoint, with 


wwoods2 on PRODPC68 with BILLS
12 

•S 3723 IS

1 the approval of the personnel and administra2 tion committee, at least 4 professional staff 

3 members who shall be responsible to the Chair4 person or the Cochairperson (as the case may 

5 be) who appointed them. 

6 (2) APPOINTMENT; PAY.—The personnel and 

7 administration committee may appoint and fix the 

8 pay of such other personnel as the committee con9 siders desirable. 

10 (3) STAFF APPOINTMENTS.—All staff appoint11 ments shall be made without regard— 

12 (A) to the provisions of title 5, United 

13 States Code, governing appointments in the 

14 competitive service; or 

15 (B) to the provisions of chapter 51 and 

16 subchapter III of chapter 53 of such title relat17 ing to classification and general schedule pay 

18 rates. 

19 (4) QUALIFICATIONS OF PROFESSIONAL

20 STAFF.—The personnel and administration com21 mittee shall ensure that the professional staff of the 

22 Commission consists of persons with expertise in the 

23 areas following: 

24 (A) Energy. 

25 (B) Environmental protection. 


wwoods2 on PRODPC68 with BILLS
13 

•S 3723 IS

1 (C) Trade. 

2 (D) Chinese and Indian politics, econom3 ics, and language. 

4 (5) COMMISSION EMPLOYEES AS CONGRES5 SIONAL EMPLOYEES.—For purposes of pay and 

6 other employment benefits, rights, and privileges, 

7 and for all other purposes, any employee of the 

8 Commission shall be considered to be a congressional 

9 employee as defined in section 2107 of title 5, 

10 United States Code. 

11 SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR THE 

12 COMMISSION. 

13 (a) AUTHORIZATION; DISBURSEMENTS.— 

14 (1) AUTHORIZATION.—There are authorized to 

15 be appropriated to the Commission $5,000,000 for 

16 each of the fiscal years 2009 through 2013 to carry 

17 out the provisions of this Act. Any sums appro18 priated to the Commission shall remain available 

19 until expended. 

20 (2) DISBURSEMENTS.—Appropriations to the 

21 Commission shall be disbursed on vouchers ap22 proved— 

23 (A) jointly by the Chairperson and the Co24 chairperson; or 


wwoods2 on PRODPC68 with BILLS
14 

•S 3723 IS

1 (B) by a majority of the members of the 

2 personnel and administration committee estab3 lished pursuant to section 5(a). 

4 (b) FOREIGN TRAVEL FOR OFFICIAL PURPOSES.— 

5 Foreign travel for official purposes by members and staff 

6 of the Commission may be authorized by either the Chair7 person or the Cochairperson. 

8 (c) PRINTING AND BINDING COSTS.—For purposes 

9 of costs relating to printing and binding, including the 

10 costs of personnel detailed from the Government Printing 

11 Office, the Commission shall be deemed to be a committee 

12 of Congress. 

13 SEC. 7. SUNSET. 

14 The Commission shall terminate on September 30, 

15 2013. 

Æ 


wwoods2 on PRODPC68 with BILLS