I 

110TH CONGRESS 

1ST SESSION H. R. 2420 

To declare United States policy on international climate cooperation, to authorize assistance to promote clean and efficient energy technologies 

in foreign countries, and to establish the International Clean Energy 

Foundation. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 22, 2007 

Mr. LANTOS (for himself, Mr. SMITH of New Jersey, Mr. MARKEY, Mr. 

MEEKS of New York, Mr. SIRES, Ms. WATSON, Mr. DELAHUNT, Mr. 

BERMAN, Mr. CROWLEY, Mr. WEXLER, Mr. ENGEL, Mr. 

FALEOMAVAEGA, Mr. ACKERMAN, Mr. SHERMAN, Ms. WOOLSEY, Mr. 

MILLER of North Carolina, Mr. KLEIN of Florida, Mr. PAYNE, Mr. 

SMITH of Washington, Mr. CARNAHAN, Ms. LINDA T. SA ́NCHEZ of California, Mr. WU, Mr. HINOJOSA, Mr. INSLEE, Ms. JACKSON-LEE of 

Texas, and Ms. GIFFORDS) introduced the following bill; which was referred to the Committee on Foreign Affairs 

A BILL 

To declare United States policy on international climate cooperation, to authorize assistance to promote clean and 

efficient energy technologies in foreign countries, and 

to establish the International Clean Energy Foundation. 

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


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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘International Climate Cooperation Re-engagement Act of 

4 2007’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Definitions. 

TITLE I—UNITED STATES POLICY ON GLOBAL CLIMATE CHANGE 

Sec. 101. Congressional findings. 

Sec. 102. Congressional statement of policy. 

Sec. 103. Office on Global Climate Change. 

TITLE II—ASSISTANCE TO PROMOTE CLEAN AND EFFICIENT 

ENERGY TECHNOLOGIES IN FOREIGN COUNTRIES 

Sec. 201. Congressional findings. 

Sec. 202. United States assistance for developing countries. 

Sec. 203. United States exports and outreach programs for India and China. 

Sec. 204. United States trade missions to encourage private sector trade and 

investment. 

Sec. 205. Actions by Overseas Private Investment Corporation. 

Sec. 206. Actions by United States Trade and Development Agency. 

Sec. 207. Global Climate Change Exchange program. 

Sec. 208. Interagency Working Group to support a Clean Energy Technology 

Exports Initiative. 

TITLE III—INTERNATIONAL CLEAN ENERGY FOUNDATION 

Sec. 301. Definitions. 

Sec. 302. Establishment and management of Foundation. 

Sec. 303. Duties of foundation. 

Sec. 304. Annual report. 

Sec. 305. Powers of the foundation; related provisions. 

Sec. 306. General personnel authorities. 

Sec. 307. Authorization of appropriations. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means the Committee on Foreign Affairs of 


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1 the House of Representatives and the Committee on 

2 Foreign Relations of the Senate. 

3 (2) CLEAN AND EFFICIENT ENERGY TECH4 NOLOGY.—The term ‘‘clean and efficient energy 

5 technology’’ means an energy supply or end-use 

6 technology— 

7 (A) such as— 

8 (i) solar technology; 

9 (ii) wind technology; 

10 (iii) geothermal technology; 

11 (iv) hydroelectric technology; and 

12 (v) carbon capture technology; and 

13 (B) that, over its life cycle and compared 

14 to a similar technology already in commercial 

15 use— 

16 (i) is reliable, affordable, economically 

17 viable, socially acceptable, and compatible 

18 with the needs and norms of the country 

19 involved; 

20 (ii) results in— 

21 (I) reduced emissions of green22 house gases; or 

23 (II) increased geological seques24 tration; and 

25 (iii) may— 


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1 (I) substantially lower emissions 

2 of air pollutants; or 

3 (II) generate substantially small4 er or less hazardous quantities of solid 

5 or liquid waste. 

6 (3) GEOLOGICAL SEQUESTRATION.—The term 

7 ‘‘geological sequestration’’ means the capture and 

8 long-term storage in a geological formation of a 

9 greenhouse gas from an energy producing facility, 

10 which prevents the release of greenhouse gases into 

11 the atmosphere. 

12 (4) GREENHOUSE GAS.—The term ‘‘greenhouse 

13 gas’’ means— 

14 (A) carbon dioxide; 

15 (B) methane; 

16 (C) nitrous oxide; 

17 (D) hydrofluorocarbons; 

18 (E) perfluorocarbons; or 

19 (F) sulfur hexafluoride. 

20 TITLE I—UNITED STATES POL21 ICY ON GLOBAL CLIMATE 

22 CHANGE 

23 SEC. 101. CONGRESSIONAL FINDINGS. 

24 Congress makes the following findings: 


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1 (1) There is a global scientific consensus, as es2 tablished by the Intergovernmental Panel on Climate 

3 Change (IPCC) and confirmed by the National 

4 Academy of Sciences, that the continued build-up of 

5 anthropogenic greenhouse gases in the atmosphere 

6 has been, and is now warming the earth and threat7 ens the stability of the global climate. By the esti8 mate of the IPCC, unmitigated global greenhouse 

9 gas emissions could drive up global temperatures by 

10 as much as 7 to 11 degrees Fahrenheit by 2100. 

11 (2) Climate change is already having significant 

12 impacts in certain regions of the world and on many 

13 ecosystems, with poor populations being most vul14 nerable. 

15 (3) Climate change is a global problem that can 

16 only be managed by a coordinated global response 

17 that reduces global emissions of greenhouse gases to 

18 a level that stabilizes their concentration in the 

19 Earth’s atmosphere. 

20 (4) The United Nations Framework Convention 

21 on Climate Change (hereinafter in this section re22 ferred to as the ‘‘Convention’’) establishes a viable 

23 foundation to construct a global regime to combat 

24 global warming and manage its impacts. 


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1 (5) The United States, along with 189 other 

2 countries, is a party to the Convention, done at New 

3 York May 9, 1992, and entered into force in 1994. 

4 The Convention’s stated objective is ‘‘to achieve sta5 bilization of greenhouse gas concentrations in the at6 mosphere at a level that would prevent dangerous 

7 anthropogenic interference with the climate system’’. 

8 (6) The Kyoto Protocol to the Convention was 

9 adopted by the third Convention Conference of the 

10 Parties (COP–3) in December 1997, in Kyoto, 

11 Japan, and stipulated legally binding reductions in 

12 greenhouse gas emissions at an average of 5.2 per13 cent below 1990 levels for industrialized countries, 

14 but it did not specify policies for its implementation. 

15 The Kyoto Protocol also did not stipulate binding re16 ductions in greenhouse gas emissions for rapidly in17 dustrializing countries like China, India, and Brazil. 

18 (7) Before negotiations were completed on the 

19 mechanisms for implementing Kyoto Protocol com20 mitments on greenhouse gas emissions, George W. 

21 Bush took office as President of the United States, 

22 and in March 2001, announced opposition to contin23 ued negotiations over implementation of the Pro24 tocol, stating that the Protocol was ‘‘fatally flawed’’ 

25 from the Administration’s point of view. 


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1 (8) President Bush unveiled an ‘‘alternative’’ 

2 strategy to the Kyoto Protocol for halting global 

3 warming on February 14, 2002. The President’s 

4 plan did not contain any international component to 

5 amend or supplant the Kyoto Protocol or any kind 

6 of blueprint for committing major developing econo7 mies such as China, India, and Brazil to reduce fu8 ture greenhouse gas emission. The President’s plan 

9 set a voluntary ‘‘greenhouse gas intensity’’ target for 

10 the United States that specified an 18 percent re11 duction in ‘‘emissions intensity’’ by 2012. This re12 duction which would allow actual emissions to in13 crease by at least 12 percent over the same period. 

14 (9) On February 16, 2005, after Russia’s ratifi15 cation, the Kyoto Protocol entered into force. With 

16 entry into force, the emissions targets of the Pro17 tocol became legally binding commitments for those 

18 industrialized countries that ratified the Protocol. 

19 Because the United States and Australia did not 

20 ratify the Protocol, and because developing countries 

21 are not subject to its limits, the Protocol currently 

22 restricts the emissions of countries accounting for 

23 only 32 percent of global greenhouse gas emissions. 

24 (10) The Kyoto Protocol required that parties 

25 to the Protocol begin negotiating in 2005 toward a 


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1 second round of commitments to begin after the ex2 piration of the first emissions budget period in 2012. 

3 The eleventh Convention Conference of the Parties 

4 (COP–11) in November and December 2005 in 

5 Montreal, Canada launched the negotiations on the 

6 second round of commitments by parties to the Pro7 tocol and initiated a dialogue (a ‘‘parallel process’’) 

8 under the Convention that engaged both the United 

9 States and developing countries in discussions on fu10 ture efforts. 

11 (11) At the twelfth Convention Conference of 

12 the Parties (COP–12) in November 2006 in Nairobi, 

13 Kenya, parties continued discussions on a second 

14 round of commitments under the Kyoto Protocol as 

15 a successor to the first commitment period (2008 

16 through 2012) and, in the parallel process, discussed 

17 enhanced cooperation under the Convention that 

18 would engage countries that did not have commit19 ments under the Protocol. 

20 (12) At a summit in Brussels, Belgium in 

21 March 2007, the head of governments of the Euro22 pean Union committed its Member States to cut 

23 greenhouse gas emissions 20 percent below 1990 lev24 els by 2020 and committed to move this target up 


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1 to 30 percent if the United States and other major 

2 emitters joined the commitment. 

3 (13) On April 17, 2007, the United Nations Se4 curity Council held its first ever ‘‘open meeting’’ on 

5 the impact of climate change on international secu6 rity. British Foreign Secretary Margaret Beckett, in 

7 her capacity as President of the Security Council, 

8 declared in her opening statement that the Council 

9 has a ‘‘security imperative’’ to tackle climate change 

10 because it can exacerbate problems that cause con11 flicts and because it threatens the entire planet. 

12 United Nations Secretary-General Ban Ki-moon told 

13 the Council that ‘‘issues of energy and climate 

14 change have implications for peace and security’’. 

15 (14) Working Group III of the IPCC met from 

16 April 30 through May 4, 2007, in Bangkok, Thai17 land to assess technologies and policies needed to 

18 avert dangerous climate change and to provide back19 ground for negotiations on a post-2012 climate 

20 change regime. The draft report by the IPCC Work21 ing Group III concludes that by quickly adopting 

22 technological options that are available or are being 

23 developed, the global concentration of greenhouse 

24 gases in the atmosphere can be stabilized at 450– 

25 550 parts per million (ppm). The IPCC scientists 


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1 believe that a 450 to 550 ppm ceiling might limit 

2 the global rise in temperatures to no more than 3.6 

3 degrees Fahrenheit and avert impacts of escalating 

4 scale, scope, and costs, potentially including the de5 stabilization of large polar ice sheets that could con6 tribute to long-term, catastrophic sea level rise at 

7 higher temperatures. 

8 (15) At the Group of Eight (G–8) Summit 

9 scheduled to be held in Heiligendamm, Germany in 

10 June 2007, climate change and energy have been 

11 placed at the top of the policy agenda and during 

12 the Summit, the G–8 is scheduled to have a dialogue 

13 with China, India, South Africa, Mexico, and Brazil 

14 on the issue. 

15 (16) The United Nations Secretary-General 

16 Ban ki-Moon has indicated that one of his top goals 

17 is to forge a more comprehensive agreement under 

18 the Convention to ensure there is no gap when the 

19 first commitment period under the Kyoto Protocol 

20 ends in 2012. In order to reach this goal, critical ne21 gotiations involving all of the major greenhouse gas 

22 emitters, along with the vulnerable countries, must 

23 be initiated immediately and be completed by 2009. 

24 On May 1, 2007, the Secretary-General named three 

25 Special Envoys on Climate Change to assist in ‘‘conVerDate Aug 31 2005 03:10 May 26, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.IH H2420

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1 sultations with Governments’’. The Secretary-Gen2 eral will host a ‘‘high-level meeting’’ on climate 

3 change at the United Nations General Assembly in 

4 September 2007 to give ‘‘political direction’’ to the 

5 thirteenth Convention Conference of the Parties 

6 (COP–13) to take place in December 2007 in Bali, 

7 Indonesia. 

8 SEC. 102. CONGRESSIONAL STATEMENT OF POLICY. 

9 Congress declares the following to be the policy of the 

10 United States: 

11 (1) To promote United States and global secu12 rity through leadership in cooperation with other na13 tions of the global effort to reduce and stabilize 

14 global greenhouse gas emissions and stabilize atmos15 pheric concentration of such gases. As such, the 

16 United States will seek to obtain mitigation commit17 ments from all major greenhouse gas emitting coun18 tries under the institutional framework provided by 

19 the United Nations Framework Convention on Cli20 mate Change (hereinafter in this section referred to 

21 as the ‘‘Convention’’). 

22 (2) To facilitate progress in global negotiations 

23 toward a comprehensive agreement under the Con24 vention, and in service of this goal, the United 

25 States will, during the course of 2007, engage in 


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1 high level dialogue on climate change within the 

2 Group of Eight (G–8), with the European Union, 

3 with Japan and other industrialized countries, and 

4 with China, India, Brazil, and other major devel5 oping countries. The United States will also partici6 pate in the initiative of the United Nations Sec7 retary-General to build consensus among govern8 ments on enhanced international cooperation on 

9 these matters. 

10 (3) To participate more actively and construc11 tively in the intergovernmental climate change proc12 ess, including at the thirteenth Convention Con13 ference of the Parties (COP–13) to take place in De14 cember 2007 in Bali, Indonesia. As such, at the 

15 COP–13 meeting, the United States will be rep16 resented by a high-level delegation composed of cli17 mate experts and career foreign service officers with 

18 extensive diplomatic experience, including experience 

19 in multi-lateral negotiations, headed by the Sec20 retary of State, the Secretary’s Deputy, or the Un21 dersecretary for Global Affairs of the Department of 

22 State. 

23 (4) To engage in serious discussion of possible 

24 future commitments under the Convention. These 

25 discussions will seek to develop a plan of action and 


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1 time-table with the goal of adopting a new inter2 national agreement under the Convention that stipu3 lates commitments from all major greenhouse gas 

4 emitters, including the United States and other 

5 countries listed in Annex 1 to the Convention, 

6 China, India, and Brazil, at the fifteenth Convention 

7 Conference of the Parties (COP–15) to take place in 

8 2009. This process will seek as its objective that a 

9 new instrument will come into force by the time the 

10 first commitment period under the Kyoto Protocol 

11 ends in 2012. 

12 (5) To protect United States national and eco13 nomic interests and United States competitiveness in 

14 all sectors by negotiating a new agreement under the 

15 Convention that is cost effective, comprehensive, 

16 flexible, and equitable. Such an agreement shall, at 

17 a minimum— 

18 (A) require binding mitigation commit19 ments from all major emitting countries based 

20 on their level of development; 

21 (B) provide for different forms of commit22 ments, including economy-wide emissions tar23 gets, policy-based commitments, sectoral agree24 ments, and no-regrets targets; 


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1 (C) increase cooperation on clean and effi2 cient energy technologies and practices; 

3 (D) target all greenhouse gases, including 

4 sources, sinks, and reservoirs of greenhouse 

5 gases, and should expand the current scope of 

6 the Kyoto Protocol and Convention to sectors 

7 not covered, such as the international aviation 

8 and maritime sectors; 

9 (E) include mechanisms to harness mar10 ket-based solutions, building upon the joint im11 plementation, clean development mechanism, 

12 and international emissions trading developed 

13 under the Protocol; 

14 (F) include incentives for sustainable for15 estry management that reflect the value of 

16 avoided deforestation; and 

17 (G) address the need for adaptation, espe18 cially for the most vulnerable and poorest coun19 tries on the planet. 

20 (6) To seek international consensus on long21 term objectives including a target range for stabi22 lizing greenhouse gas concentrations. The target 

23 range should reflect the consensus recommendations 

24 of Intergovernmental Panel on Climate Change 

25 (IPCC) scientists, who believe that concentrations of 


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1 greenhouse gases in the Earth’s atmosphere must be 

2 stabilized to provide a reasonable chance of limiting 

3 the rise in global temperatures to a level that might 

4 avert the most damaging impacts of climate change. 

5 SEC. 103. OFFICE ON GLOBAL CLIMATE CHANGE. 

6 (a) ESTABLISHMENT OF OFFICE.—There is estab7 lished within the Department of State an Office on Global 

8 Climate Change (hereinafter in this section referred to as 

9 the ‘‘Office’’). 

10 (b) HEAD OF OFFICE.— 

11 (1) IN GENERAL.—The head of the Office shall 

12 be the Ambassador-at-Large for Global Climate 

13 Change (hereinafter in this section referred to as the 

14 ‘‘Ambassador-at-Large’’). 

15 (2) APPOINTMENT.—The Ambassador-at-Large 

16 shall be appointed by the President, by and with the 

17 advice and consent of the Senate. 

18 (c) DUTIES.— 

19 (1) IN GENERAL.—The primary responsibility 

20 of the Ambassador-at-Large shall be to advance the 

21 goals of the United States with respect to reducing 

22 the emissions of global greenhouse gases and ad23 dressing the challenges posed by global climate 

24 change. 


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1 (2) ADVISORY ROLE.—The Ambassador-at2 Large— 

3 (A) shall be a principal adviser to the 

4 President and the Secretary of State on matters 

5 relating to global climate change; and 

6 (B) shall make recommendations to the 

7 President and the Secretary of State on policies 

8 of the United States Government with respect 

9 to international cooperation on reducing the 

10 emission of global greenhouse gases and ad11 dressing the challenges posed by global climate 

12 change. 

13 (3) DIPLOMATIC REPRESENTATION.—Subject to 

14 the direction of the President and the Secretary of 

15 State, the Ambassador-at-Large is authorized to 

16 represent the United States in matters relating to 

17 global climate change in— 

18 (A) contacts with foreign governments, 

19 intergovernmental organizations, and special20 ized agencies of the United Nations, the Orga21 nization on Security and Cooperation in Eu22 rope, and other international organizations of 

23 which the United States is a member; and 

24 (B) multilateral conferences and meetings 

25 relating to global climate change. 


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1 (d) FUNDING.—The Secretary of State shall provide 

2 the Ambassador-at-Large with such funds as may be nec3 essary for the hiring of staff for the Office, the conduct 

4 of investigations by the Office, and for necessary travel 

5 to carry out the provisions of this section. 

6 (e) REPORT.—Not later than September 1 of each 

7 year, the Secretary of State, with the assistance of the 

8 Ambassador-at-Large, shall prepare and submit to the ap9 propriate congressional committees a report on the strat10 egy, policies, and actions of the United States for reducing 

11 the emissions of global greenhouse gases and addressing 

12 the challenges posed of global climate change. 

13 TITLE II—ASSISTANCE TO PRO14 MOTE CLEAN AND EFFICIENT 

15 ENERGY TECHNOLOGIES IN 

16 FOREIGN COUNTRIES 

17 SEC. 201. CONGRESSIONAL FINDINGS. 

18 Congress makes the following findings: 

19 (1) Several provisions of the Energy Policy Act 

20 of 1992 were designed to expand Federal programs 

21 that support renewable energy and energy efficient 

22 equipment exports and to broaden the portfolio of 

23 programs to include training and technology transfer 

24 activities that help promote development in less in25 dustrialized nations, expand global markets, and reVerDate Aug 31 2005 03:10 May 26, 2007 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.IH H2420

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1 duce greenhouse gas emissions. However, few of the 

2 export-related provisions of the Energy Policy Act of 

3 1992 were implemented due to a lack of Federal 

4 funding. 

5 (2) In 2000, Congress called for several United 

6 States Government agencies to create an Inter7 agency Working Group to support a Clean Energy 

8 Technology Exports Initiative to use the combined 

9 resources of various agencies to promote the export 

10 of clean energy technologies abroad. The Initiative 

11 also suffered from low levels of Federal funding and 

12 has not produced significant results. 

13 (3) Large and emerging economies, such as 

14 India and China, play significant roles in the global 

15 energy security system as large consumers of energy 

16 and should be included as member countries in the 

17 International Energy Agency to strengthen the com18 mon interest of importers in encouraging trans19 parent energy markets and in planning for supply 

20 disruptions. 

21 (4) The challenge of energy security severely af22 fects developing countries where over 1.6 billion peo23 ple lack access to affordable energy services. In 

24 these nations, a lack of transparency and account25 ability creates a climate of mistrust for investors; biVerDate Aug 31 2005 03:10 May 26, 2007 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.IH H2420

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1 lateral and multilateral lending institutions do not 

2 provide sufficient incentives to companies investing 

3 in clean and efficient energy technologies; women 

4 and children suffer disproportionately due to the 

5 lack of energy services; inaccessibility of energy serv6 ices impedes other development programs in edu7 cation, health, agriculture, and the environment; and 

8 dependence on imported fuels leaves countries vul9 nerable to supply disruptions and economic shocks. 

10 (5) In addition to promoting the export of clean 

11 energy technologies, large energy-consuming econo12 mies must also have appropriate incentive systems, 

13 policy and regulatory frameworks, and investment 

14 climates in place to accept and promote the adoption 

15 of such technologies. 

16 (6) More than $16 trillion needs to be invested 

17 in energy-supply infrastructure worldwide by 2030 

18 to meet energy demand, and almost half of total en19 ergy investment will take place in developing coun20 tries, where production and demand are expected to 

21 increase the most. 

22 (7) Public and private sector capital will be 

23 needed to fulfill future demand. The opportunity ex24 ists for public and private actors to coordinate ef25 forts and leverage resources to direct this investment 


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1 into technologies, practices, and services that pro2 mote energy efficiency, clean-energy production, and 

3 a reduction in global greenhouse gas emissions. 

4 (8) In attempting to address the global climate 

5 change challenge, the United States Government re6 cently launched the Asia Pacific Partnership on 

7 Clean Development and Climate, which is meant to 

8 accelerate the development and deployment of clean 

9 energy technologies. However, this Partnership oper10 ates in a non-binding framework that does not re11 quire any emissions reductions from the partner 

12 countries. 

13 SEC. 202. UNITED STATES ASSISTANCE FOR DEVELOPING 

14 COUNTRIES. 

15 (a) ASSISTANCE AUTHORIZED.—The Administrator 

16 of the United States Agency for International Develop17 ment shall support policies and programs in developing 

18 countries that promote clean and efficient energy tech19 nologies— 

20 (1) to produce the necessary market conditions 

21 for the private sector delivery of energy and environ22 mental management services; and 

23 (2) to create an environment that is conducive 

24 to accepting clean and efficient energy technologies 


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1 that support the overall purpose of reducing green2 house gas emissions, including— 

3 (A) improving policy, legal, and regulatory 

4 frameworks; 

5 (B) increasing institutional abilities to pro6 vide energy and environmental management 

7 services; and 

8 (C) increasing public awareness and par9 ticipation in the decision-making of delivering 

10 energy and environmental management services. 

11 (b) REPORT.—The Administrator of the United 

12 States Agency for International Development shall submit 

13 to the appropriate committees an annual report on the im14 plementation of this section for each of the fiscal years 

15 2008 through 2012. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

17 out this section, there are authorized to be appropriated 

18 to the Administrator of the United States Agency for 

19 International Development $200,000,000 for each of the 

20 fiscal years 2008 through 2012. 

21 SEC. 203. UNITED STATES EXPORTS AND OUTREACH PRO22 GRAMS FOR INDIA AND CHINA. 

23 (a) ASSISTANCE AUTHORIZED.—The Secretary of 

24 Commerce shall direct the United States and Foreign 

25 Commercial Service to expand or create a corps of the 


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1 Foreign Commercial Service officers to promote United 

2 States exports in clean and efficient energy technologies 

3 and build the capacity of government officials in India and 

4 China to become more familiar with the available tech5 nologies— 

6 (1) by creating Foreign Commercial Service 

7 attache ́s, who have expertise in clean and efficient 

8 energy technologies from the United States, to em9 bark on business development and outreach efforts 

10 to India and China; and 

11 (2) by deploying the attache ́s described in para12 graph (1) to educate provincial, state, and local gov13 ernment officials in India and China on the variety 

14 of United States-based technologies in clean and ef15 ficient energy technologies for the purposes of pro16 moting United States exports and reducing global 

17 greenhouse gas emissions. 

18 (b) REPORT.—The Secretary of Commerce shall sub19 mit to the appropriate committees an annual report on 

20 the implementation of this section for each of the fiscal 

21 years 2008 through 2012. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

23 out this section, there are authorized to be appropriated 

24 to the Secretary of Commerce such sums as may be nec25 essary for each of the fiscal years 2008 through 2012. 


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1 SEC. 204. UNITED STATES TRADE MISSIONS TO ENCOUR2 AGE PRIVATE SECTOR TRADE AND INVEST3 MENT. 

4 (a) ASSISTANCE AUTHORIZED.—The Secretary of 

5 Commerce shall direct the International Trade Adminis6 tration to expand or create trade missions to and from 

7 the United States to encourage private sector trade and 

8 investment in clean and efficient energy technologies— 

9 (1) by organizing and facilitating trade mis10 sions to foreign countries and by matching United 

11 States private sector companies with opportunities in 

12 foreign markets so that clean and efficient energy 

13 technologies can help to combat increases in global 

14 greenhouse gas emissions; and 

15 (2) by creating reverse trade missions in which 

16 the Department of Commerce facilitates the meeting 

17 of foreign private and public sector organizations 

18 with private sector companies in the United States 

19 for the purpose of showcasing clean and efficient en20 ergy technologies in use or in development that could 

21 be exported to other countries. 

22 (b) REPORT.—The Secretary of Commerce shall sub23 mit to the appropriate committees an annual report on 

24 the implementation of this section for each of the fiscal 

25 years 2008 through 2012. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out this section, there are authorized to be appropriated 

3 to the Secretary of Commerce such sums as may be nec4 essary for each of the fiscal years 2008 through 2012. 

5 SEC. 205. ACTIONS BY OVERSEAS PRIVATE INVESTMENT 

6 CORPORATION. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Many of the emerging markets within which 

9 the Overseas Private Investment Corporation sup10 ports projects have immense energy needs and will 

11 require significant investment in the energy sector in 

12 the coming decades. 

13 (2) The use, or lack of use, of clean and effi14 cient energy technologies can have a dramatic effect 

15 on the rate of global greenhouse gas emissions from 

16 emerging markets in the coming decades. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Overseas Private Investment Corporation 

19 should promote greater investment in clean and efficient 

20 energy technologies by— 

21 (1) proactively reaching out to United States 

22 companies that are interested in investing in clean 

23 and efficient energy technologies in countries that 

24 are significant contributors to global greenhouse gas 

25 emissions; 


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1 (2) giving preferential treatment to the evalua2 tion and awarding of projects that involve the invest3 ment or utilization of clean and efficient energy 

4 technologies; and 

5 (3) providing greater flexibility in supporting 

6 projects that involve the investment or utilization of 

7 clean and efficient energy technologies, including fi8 nancing, insurance, and other assistance. 

9 (c) REPORT.—The Overseas Private Investment Cor10 poration shall include in its annual report required under 

11 section 240A of the Foreign Assistance Act of 1961 (22 

12 U.S.C. 2200a)— 

13 (1) a description of the activities carried out to 

14 implement this section; or 

15 (2) if the Corporation did not carry out any ac16 tivities to implement this section, an explanation of 

17 the reasons therefor. 

18 SEC. 206. ACTIONS BY UNITED STATES TRADE AND DEVEL19 OPMENT AGENCY. 

20 (a) ASSISTANCE AUTHORIZED.—The Director of the 

21 Trade and Development Agency shall establish or support 

22 policies that— 

23 (1) proactively seek opportunities to fund 

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1 cient energy technologies, including in trade capacity 

2 building and capital investment projects; 

3 (2) give preferential treatment to the evaluation 

4 and awarding of projects that involve the utilization 

5 of clean and efficient energy technologies, particu6 larly to countries that have the potential for signifi7 cant reduction in greenhouse gas emissions; and 

8 (3) recruit and retain individuals with appro9 priate expertise in clean, renewable, and efficient en10 ergy technologies to identify and evaluate opportuni11 ties for projects that involve clean and efficient en12 ergy technologies and services. 

13 (b) REPORT.—The President shall include in the an14 nual report on the activities of the Trade and Development 

15 Agency required under section 661(d) of the Foreign As16 sistance Act of 1961 (22 U.S.C. 2421(d)) a description 

17 of the activities carried out to implement this section. 

18 SEC. 207. GLOBAL CLIMATE CHANGE EXCHANGE PROGRAM. 

19 (a) PROGRAM AUTHORIZED.—The Secretary of State 

20 is authorized to establish a program to strengthen re21 search, educational exchange, and international coopera22 tion with the aim of reducing global greenhouse gas emis23 sions and addressing the challenges posed by global cli24 mate change. The program authorized by this subsection 

25 shall be carried out pursuant to the authorities of the MuVerDate Aug 31 2005 03:10 May 26, 2007 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.IH H2420

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1 tual Educational and Cultural Exchange Act of 1961 (22 

2 U.S.C. 2451 et seq.) and may be referred to as the ‘‘Glob3 al Climate Change Exchange Program’’. 

4 (b) ELEMENTS.—The program authorized by sub5 section (a) shall contain the following elements: 

6 (1) The financing of studies, research, instruc7 tion, and other educational activities dedicated to re8 ducing carbon emissions and addressing the chal9 lenge of global climate change— 

10 (A) by or to United States citizens and na11 tionals in foreign universities, governments, or12 ganizations, companies, or other institutions, 

13 and 

14 (B) by or to citizens and nationals of for15 eign countries in United States universities, 

16 governments, organizations, companies, or other 

17 institutions. 

18 (2) The financing of visits and exchanges be19 tween the United States and other countries of stu20 dents, trainees, teachers, instructors, professors, re21 searchers, and other persons who study, teach, and 

22 conduct research in subjects such as the physical 

23 sciences, environmental science, public policy, eco24 nomics, urban planning, and other subjects and 

25 focus on reducing greenhouse gas emissions and adVerDate Aug 31 2005 03:10 May 26, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.IH H2420

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1 dressing the challenges posed by global climate 

2 change. 

3 (c) REPORT.—The Secretary of State shall transmit 

4 to the appropriate committees an annual report on the im5 plementation of this section for each of the fiscal years 

6 2008 through 2012. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

8 out this section, there are authorized to be appropriated 

9 to the Secretary of State $3,000,000 for each of the fiscal 

10 years 2008 through 2012. 

11 SEC. 208. INTERAGENCY WORKING GROUP TO SUPPORT A 

12 CLEAN ENERGY TECHNOLOGY EXPORTS INI13 TIATIVE. 

14 (a) ASSISTANCE AUTHORIZED.—The President shall 

15 provide assistance to the Interagency Working Group to 

16 support a Clean Energy Technology Exports Initiative— 

17 (1) to improve the ability of the United States 

18 to respond to international competition by leveraging 

19 the resources of Federal departments and agencies 

20 effectively and efficiently and by raising policy issues 

21 that may hamper the export of United States clean 

22 energy technologies abroad; 

23 (2) to fulfill, as appropriate, the mission and 

24 objectives as noted in the report entitled, Five-Year 

25 Strategic Plan of the Clean Energy Technology ExVerDate Aug 31 2005 03:10 May 26, 2007 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.IH H2420

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1 ports Initiative, submitted to Congress in October 

2 2002, and 

3 (3) to raise the importance and level of over4 sight of the Interagency Working Group to the 

5 heads of the Federal departments and agencies that 

6 are participating in the Interagency Working Group. 

7 (b) REPORT.—The Administrator of the United 

8 States Agency for International Development, the Sec9 retary of Commerce, and the Secretary of Energy shall 

10 jointly submit to the appropriate committees an annual 

11 report on the implementation of this section for each of 

12 the fiscal years 2008 through 2012. 

13 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

14 out this section, there are authorized to appropriated to 

15 the President $5,000,000 for each of the fiscal years 2008 

16 through 2012. 

17 TITLE III—INTERNATIONAL 

18 CLEAN ENERGY FOUNDATION 

19 SEC. 301. DEFINITIONS. 

20 In this title: 

21 (1) BOARD.—The term ‘‘Board’’ means the 

22 Board of Directors of the Foundation established 

23 pursuant to section 302(c). 

24 (2) CHIEF EXECUTIVE OFFICER.—The term 

25 ‘‘Chief Executive Officer’’ means the chief executive 


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1 officer of the Foundation appointed pursuant to sec2 tion 302(b). 

3 (3) FOUNDATION.—The term ‘‘Foundation’’ 

4 means the International Clean Energy Foundation 

5 established by section 302(a). 

6 SEC. 302. ESTABLISHMENT AND MANAGEMENT OF FOUNDA7 TION. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—There is established in the 

10 executive branch a foundation to be known as the 

11 ‘‘International Clean Energy Foundation’’ that shall 

12 be responsible for carrying out the provisions of this 

13 title. The Foundation shall be a government cor14 poration, as defined in section 103 of title 5, United 

15 States Code. 

16 (2) BOARD OF DIRECTORS.—The Foundation 

17 shall be governed by a Board of Directors chaired by 

18 the Secretary of State (or the Secretary’s designee) 

19 in accordance with subsection (d). 

20 (3) INTENT OF CONGRESS.—It is the intent of 

21 Congress, in establishing the structure of the Foun22 dation set forth in this subsection, to create an enti23 ty that serves the long-term foreign policy and en24 ergy security goals of reducing global greenhouse gas 

25 emissions. 


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1 (b) CHIEF EXECUTIVE OFFICER.— 

2 (1) IN GENERAL.—There shall be in the Foun3 dation a Chief Executive Officer who shall be re4 sponsible for the management of the Foundation. 

5 (2) APPOINTMENT.—The Chief Executive Offi6 cer shall be appointed by the Board, with the advice 

7 and consent of the Senate, and shall be a recognized 

8 leader in clean and efficient energy technologies and 

9 climate change and shall have experience in energy 

10 security, business, or foreign policy, chosen on the 

11 basis of a rigorous search. 

12 (3) RELATIONSHIP TO BOARD.—The Chief Ex13 ecutive Officer shall report to, and be under the di14 rect authority of, the Board. 

15 (4) COMPENSATION AND RANK.— 

16 (A) IN GENERAL.—The Chief Executive 

17 Officer shall be compensated at the rate pro18 vided for level III of the Executive Schedule 

19 under section 5314 of title 5, United States 

20 Code. 

21 (B) AMENDMENT.—Section 5314 of title 

22 5, United States Code, is amended by adding at 

23 the end the following: 

24 ‘‘Chief Executive Officer, International Clean Energy 

25 Foundation.’’. 


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1 (C) AUTHORITIES AND DUTIES.—The 

2 Chief Executive Officer shall be responsible for 

3 the management of the Foundation and shall 

4 exercise the powers and discharge the duties of 

5 the Foundation. 

6 (D) AUTHORITY TO APPOINT OFFICERS.— 

7 In consultation and with approval of the Board, 

8 the Chief Executive Officer shall appoint all of9 ficers of the Foundation. 

10 (c) BOARD OF DIRECTORS.— 

11 (1) ESTABLISHMENT.—There shall be in the 

12 Foundation a Board of Directors. 

13 (2) DUTIES.—The Board shall perform the 

14 functions specified to be carried out by the Board in 

15 this title and may prescribe, amend, and repeal by16 laws, rules, regulations, and procedures governing 

17 the manner in which the business of the Foundation 

18 may be conducted and in which the powers granted 

19 to it by law may be exercised. 

20 (3) MEMBERSHIP.—The Board shall consist 

21 of— 

22 (A) the Secretary of State (or the Sec23 retary’s designee), the Secretary of Energy (or 

24 the Secretary’s designee), and the Adminis25 trator of the United States Agency for InterVerDate Aug 31 2005 03:10 May 26, 2007 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.IH H2420

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1 national Development (or the Administrator’s 

2 designee); and 

3 (B) four other individuals with relevant ex4 perience in matters relating to energy security 

5 (such as individuals who represent institutions 

6 of energy policy, business organizations, foreign 

7 policy organizations, or other relevant organiza8 tions) who shall be appointed by the President, 

9 by and with the advice and consent of the Sen10 ate, of which— 

11 (i) one individual shall be appointed 

12 from among a list of individuals submitted 

13 by the majority leader of the House of 

14 Representatives; 

15 (ii) one individual shall be appointed 

16 from among a list of individuals submitted 

17 by the minority leader of the House of 

18 Representatives; 

19 (iii) one individual shall be appointed 

20 from among a list of individuals submitted 

21 by the majority leader of the Senate; and 

22 (iv) one individual shall be appointed 

23 from among a list of individuals submitted 

24 by the minority leader of the Senate. 


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1 (4) CHIEF EXECUTIVE OFFICER.—The Chief 

2 Executive Officer of the Foundation shall serve as a 

3 nonvoting, ex officio member of the Board. 

4 (5) TERMS.— 

5 (A) OFFICERS OF THE FEDERAL GOVERN6 MENT.—Each member of the Board described 

7 in paragraph (3)(A) shall serve for a term that 

8 is concurrent with the term of service of the in9 dividual’s position as an officer within the other 

10 Federal department or agency. 

11 (B) OTHER MEMBERS.—Each member of 

12 the Board described in paragraph (3)(B) shall 

13 be appointed for a term of 3 years and may be 

14 reappointed for a term of an additional 3 years. 

15 (C) VACANCIES.—A vacancy in the Board 

16 shall be filled in the manner in which the origi17 nal appointment was made. 

18 (D) ACTING MEMBERS.—A vacancy in the 

19 Board may be filled with an appointment of an 

20 acting member by the Chairperson of the Board 

21 for up to 1 year while a nominee is named and 

22 awaits confirmation in accordance with para23 graph (3)(B). 


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1 (6) CHAIRPERSON.—There shall be a Chair2 person of the Board. The Secretary of State (or the 

3 Secretary’s designee) shall serve as the Chairperson. 

4 (7) QUORUM.—A majority of the members of 

5 the Board described in paragraph (3) shall con6 stitute a quorum, which, except with respect to a 

7 meeting of the Board during the 135-day period be8 ginning on the date of the enactment of this Act, 

9 shall include at least 1 member of the Board de10 scribed in paragraph (3)(B). 

11 (8) MEETINGS.—The Board shall meet at the 

12 call of the Chairperson, who shall call a meeting no 

13 less than once a year. 

14 (9) COMPENSATION.— 

15 (A) OFFICERS OF THE FEDERAL GOVERN16 MENT.— 

17 (i) IN GENERAL.—A member of the 

18 Board described in paragraph (3)(A) may 

19 not receive additional pay, allowances, or 

20 benefits by reason of the member’s service 

21 on the Board. 

22 (ii) TRAVEL EXPENSES.—Each such 

23 member of the Board shall receive travel 

24 expenses, including per diem in lieu of sub25 sistence, in accordance with applicable proVerDate Aug 31 2005 03:10 May 26, 2007 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2420.IH H2420

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1 visions under subchapter I of chapter 57 of 

2 title 5, United States Code. 

3 (B) OTHER MEMBERS.— 

4 (i) IN GENERAL.—Except as provided 

5 in clause (ii), a member of the Board de6 scribed in paragraph (3)(B)— 

7 (I) shall be paid compensation 

8 out of funds made available for the 

9 purposes of this title at the daily 

10 equivalent of the highest rate payable 

11 under section 5332 of title 5, United 

12 States Code, for each day (including 

13 travel time) during which the member 

14 is engaged in the actual performance 

15 of duties as a member of the Board; 

16 and 

17 (II) while away from the mem18 ber’s home or regular place of busi19 ness on necessary travel in the actual 

20 performance of duties as a member of 

21 the Board, shall be paid per diem, 

22 travel, and transportation expenses in 

23 the same manner as is provided under 

24 subchapter I of chapter 57 of title 5, 

25 United States Code. 


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1 (ii) LIMITATION.—A member of the 

2 Board may not be paid compensation 

3 under clause (i)(II) for more than 90 days 

4 in any calendar year. 

5 SEC. 303. DUTIES OF FOUNDATION. 

6 The Foundation shall— 

7 (1) use the funds authorized by this title to 

8 make grants to promote projects outside of the 

9 United States that serve as models of how to signifi10 cantly reduce the emissions of global greenhouse 

11 gases through clean and efficient energy tech12 nologies, processes, and services; 

13 (2) seek contributions from foreign govern14 ments, especially those rich in energy resources such 

15 as member countries of the Organization of the Pe16 troleum Exporting Countries, and private organiza17 tions to supplement funds made available under this 

18 title; 

19 (3) harness global expertise through collabo20 rative partnerships with foreign governments and 

21 domestic and foreign private actors, including non22 governmental organizations and private sector com23 panies, by leveraging public and private capital, 

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1 tive models that can be instituted to reduce global 

2 greenhouse gas emissions; 

3 (4) create a repository of information on best 

4 practices and lessons learned on the utilization and 

5 implementation of clean and efficient energy tech6 nologies and processes to be used for future initia7 tives to tackle the climate change crisis; and 

8 (5) be committed to minimizing administrative 

9 costs and to maximizing the availability of funds for 

10 grants under this title. 

11 SEC. 304. ANNUAL REPORT. 

12 (a) REPORT REQUIRED.—Not later than March 31, 

13 2008, and each March 31 thereafter, the Foundation shall 

14 submit to the appropriate congressional committees a re15 port on the implementation of this title during the prior 

16 fiscal year. 

17 (b) CONTENTS.—The report required by subsection 

18 (a) shall include— 

19 (1) the total financial resources available to the 

20 Foundation during the year, including appropriated 

21 funds, the value and source of any gifts or donations 

22 accepted pursuant to section 305(a)(6), and any 

23 other resources; 

24 (2) a description of the Board’s policy priorities 

25 for the year and the basis upon which competitive 


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1 grant proposals were solicited and awarded to non2 governmental institutions and other organizations; 

3 (3) a list of grants made to nongovernmental 

4 institutions and other organizations that includes 

5 the identity of the institutional recipient, the dollar 

6 amount, and the results of the program; and 

7 (4) the total administrative and operating ex8 penses of the Foundation for the year, as well as 

9 specific information on— 

10 (A) the number of Foundation employees 

11 and the cost of compensation for Board mem12 bers, Foundation employees, and personal serv13 ice contractors; 

14 (B) costs associated with securing the use 

15 of real property for carrying out the functions 

16 of the Foundation; 

17 (C) total travel expenses incurred by Board 

18 members and Foundation employees in connec19 tion with Foundation activities; and 

20 (D) total representational expenses. 

21 SEC. 305. POWERS OF THE FOUNDATION; RELATED PROVI22 SIONS. 

23 (a) POWERS.—The Foundation— 


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1 (1) shall have perpetual succession unless dis2 solved by a law enacted after the date of the enact3 ment of this Act; 

4 (2) may adopt, alter, and use a seal, which shall 

5 be judicially noticed; 

6 (3) may make and perform such contracts, 

7 grants, and other agreements with any person or 

8 government however designated and wherever situ9 ated, as may be necessary for carrying out the func10 tions of the Foundation; 

11 (4) may determine and prescribe the manner in 

12 which its obligations shall be incurred and its ex13 penses allowed and paid, including expenses for rep14 resentation; 

15 (5) may lease, purchase, or otherwise acquire, 

16 improve, and use such real property wherever situ17 ated, as may be necessary for carrying out the func18 tions of the Foundation; 

19 (6) may accept money, funds, services, or prop20 erty (real, personal, or mixed), tangible or intan21 gible, made available by gift, bequest grant, or oth22 erwise for the purpose of carrying out the provisions 

23 of this Act from domestic or foreign private individ24 uals, charities, nongovernmental organizations, cor25 porations, or governments; 


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1 (7) may use the United States mails in the 

2 same manner and on the same conditions as the ex3 ecutive departments; 

4 (8) may contract with individuals for personal 

5 services, who shall not be considered Federal em6 ployees for any provision of law administered by the 

7 Office of Personnel Management; 

8 (9) may hire or obtain passenger motor vehi9 cles; and 

10 (10) shall have such other powers as may be 

11 necessary and incident to carrying out this title. 

12 (b) PRINCIPAL OFFICE.—The Foundation shall 

13 maintain its principal office in the metropolitan area of 

14 Washington, District of Columbia. 

15 (c) APPLICABILITY OF GOVERNMENT CORPORATION

16 CONTROL ACT.— 

17 (1) IN GENERAL.—The Foundation shall be 

18 subject to chapter 91 of subtitle VI of title 31, 

19 United States Code, except that the Foundation 

20 shall not be authorized to issue obligations or offer 

21 obligations to the public. 

22 (2) CONFORMING AMENDMENT.—Section 

23 9101(3) of title 31, United States Code, is amended 

24 by adding at the end the following: 


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1 ‘‘(R) the International Clean Energy 

2 Foundation.’’. 

3 (d) INSPECTOR GENERAL.— 

4 (1) IN GENERAL.—The Inspector General of 

5 the Department of State shall serve as Inspector 

6 General of the Foundation, and, in acting in such 

7 capacity, may conduct reviews, investigations, and 

8 inspections of all aspects of the operations and ac9 tivities of the Foundation. 

10 (2) AUTHORITY OF THE BOARD.—In carrying 

11 out the responsibilities under this subsection, the In12 spector General shall report to and be under the 

13 general supervision of the Board. 

14 (3) REIMBURSEMENT AND AUTHORIZATION OF

15 SERVICES.— 

16 (A) REIMBURSEMENT.—The Foundation 

17 shall reimburse the Department of State for all 

18 expenses incurred by the Inspector General in 

19 connection with the Inspector General’s respon20 sibilities under this subsection. 

21 (B) AUTHORIZATION FOR SERVICES.—Of 

22 the amount authorized to be appropriated 

23 under section 307(a) for a fiscal year, up to 

24 $500,000 is authorized to be made available to 

25 the Inspector General of the Department of 


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1 State to conduct reviews, investigations, and in2 spections of operations and activities of the 

3 Foundation. 

4 SEC. 306. GENERAL PERSONNEL AUTHORITIES. 

5 (a) DETAIL OF PERSONNEL.—Upon request of the 

6 Chief Executive Officer, the head of an agency may detail 

7 any employee of such agency to the Foundation on a reim8 bursable basis. Any employee so detailed remains, for the 

9 purpose of preserving such employee’s allowances, privi10 leges, rights, seniority, and other benefits, an employee of 

11 the agency from which detailed. 

12 (b) REEMPLOYMENT RIGHTS.— 

13 (1) IN GENERAL.—An employee of an agency 

14 who is serving under a career or career conditional 

15 appointment (or the equivalent), and who, with the 

16 consent of the head of such agency, transfers to the 

17 Foundation, is entitled to be reemployed in such em18 ployee’s former position or a position of like senior19 ity, status, and pay in such agency, if such em20 ployee— 

21 (A) is separated from the Foundation for 

22 any reason, other than misconduct, neglect of 

23 duty, or malfeasance; and 


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1 (B) applies for reemployment not later 

2 than 90 days after the date of separation from 

3 the Foundation. 

4 (2) SPECIFIC RIGHTS.—An employee who satis5 fies paragraph (1) is entitled to be reemployed (in 

6 accordance with such paragraph) within 30 days 

7 after applying for reemployment and, on reemploy8 ment, is entitled to at least the rate of basic pay to 

9 which such employee would have been entitled had 

10 such employee never transferred. 

11 (c) HIRING AUTHORITY.—Of persons employed by 

12 the Foundation, no more than 30 persons may be ap13 pointed, compensated, or removed without regard to the 

14 civil service laws and regulations. 

15 (d) BASIC PAY.—The Chief Executive Officer may fix 

16 the rate of basic pay of employees of the Foundation with17 out regard to the provisions of chapter 51 of title 5, 

18 United States Code (relating to the classification of posi19 tions), subchapter III of chapter 53 of such title (relating 

20 to General Schedule pay rates), except that no employee 

21 of the Foundation may receive a rate of basic pay that 

22 exceeds the rate for level IV of the Executive Schedule 

23 under section 5315 of such title. 

24 (e) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘agency’’ means an executive 

2 agency, as defined by section 105 of title 5, United 

3 States Code; and 

4 (2) the term ‘‘detail’’ means the assignment or 

5 loan of an employee, without a change of position, 

6 from the agency by which such employee is employed 

7 to the Foundation. 

8 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—To carry 

10 out this title, there are authorized to be appropriated 

11 $20,000,000 for each of the fiscal years 2008 through 

12 2012. 

13 (b) ALLOCATION OF FUNDS.— 

14 (1) IN GENERAL.—The Foundation may allo15 cate or transfer to any agency of the United States 

16 Government any of the funds available for carrying 

17 out this title. Such funds shall be available for obli18 gation and expenditure for the purposes for which 

19 the funds were authorized, in accordance with au20 thority granted in this title or under authority gov21 erning the activities of the United States Govern22 ment agency to which such funds are allocated or 

23 transferred. 

24 (2) NOTIFICATION.—The Foundation shall no25 tify the appropriate congressional committees not 


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1 less than 15 days prior to an allocation or transfer 

2 of funds pursuant to paragraph (1). 

Æ 


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