IB 

Union Calendar No. 131 

110TH CONGRESS 

1ST SESSION H. R. 2420 

[Report No. 110–215] 

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 

JUNE 28, 2007 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 22, 2007] 

A BILL 

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


jlentini on PROD1PC65 with BILLS
2 

•HR 2420 RH

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, 

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

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

5 ‘‘International Climate Cooperation Re-engagement Act of 

6 2007’’. 

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

8 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. 


jlentini on PROD1PC65 with BILLS
3 

•HR 2420 RH

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional commit5 tees’’ means the Committee on Foreign Affairs of the 

6 House of Representatives and the Committee on For7 eign Relations of the Senate. 

8 (2) CLEAN AND EFFICIENT ENERGY TECH9 NOLOGY.—The term ‘‘clean and efficient energy tech10 nology’’ means an energy supply or end-use tech11 nology— 

12 (A) such as— 

13 (i) solar technology; 

14 (ii) wind technology; 

15 (iii) geothermal technology; 

16 (iv) hydroelectric technology; and 

17 (v) carbon capture technology; and 

18 (B) that, over its life cycle and compared to 

19 a similar technology already in commercial 

20 use— 

21 (i) is reliable, affordable, economically 

22 viable, socially acceptable, and compatible 

23 with the needs and norms of the country in24 volved; 

25 (ii) results in— 


jlentini on PROD1PC65 with BILLS
4 

•HR 2420 RH

1 (I) reduced emissions of green2 house gases; or 

3 (II) increased geological sequestra4 tion; and 

5 (iii) may— 

6 (I) substantially lower emissions 

7 of air pollutants; or 

8 (II) generate substantially smaller 

9 or less hazardous quantities of solid or 

10 liquid waste. 

11 (3) GEOLOGICAL SEQUESTRATION.—The term 

12 ‘‘geological sequestration’’ means the capture and 

13 long-term storage in a geological formation of a 

14 greenhouse gas from an energy producing facility, 

15 which prevents the release of greenhouse gases into the 

16 atmosphere. 

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

18 gas’’ means— 

19 (A) carbon dioxide; 

20 (B) methane; 

21 (C) nitrous oxide; 

22 (D) hydrofluorocarbons; 

23 (E) perfluorocarbons; or 

24 (F) sulfur hexafluoride. 


jlentini on PROD1PC65 with BILLS
5 

•HR 2420 RH

1 TITLE I—UNITED STATES POL2 ICY ON GLOBAL CLIMATE 

3 CHANGE 

4 SEC. 101. CONGRESSIONAL FINDINGS. 

5 Congress makes the following findings: 

6 (1) There is a global scientific consensus, as es7 tablished by the Intergovernmental Panel on Climate 

8 Change (IPCC) and confirmed by the National Acad9 emy of Sciences, that the continued build-up of an10 thropogenic greenhouse gases in the atmosphere has 

11 been, and is now warming the earth and threatens the 

12 stability of the global climate. By the estimate of the 

13 IPCC, unmitigated global greenhouse gas emissions 

14 could drive up global temperatures by as much as 7 

15 to 11 degrees Fahrenheit by 2100. 

16 (2) Climate change is already having significant 

17 impacts in certain regions of the world and on many 

18 ecosystems, with poor populations being most vulner19 able. 

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

21 only be managed by a coordinated global response 

22 that reduces global emissions of greenhouse gases to a 

23 level that stabilizes their concentration in the Earth’s 

24 atmosphere. 


jlentini on PROD1PC65 with BILLS
6 

•HR 2420 RH

1 (4) The United Nations Framework Convention 

2 on Climate Change (hereinafter in this section re3 ferred to as the ‘‘Convention’’) establishes a viable 

4 foundation to construct a global regime to combat 

5 global warming and manage its impacts. 

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

7 countries, is a party to the Convention, agreed to in 

8 New York on May 9, 1992, and entered into force in 

9 1994. The Convention’s stated objective is ‘‘to achieve 

10 stabilization of greenhouse gas concentrations in the 

11 atmosphere at a level that would prevent dangerous 

12 anthropogenic interference with the climate system’’. 

13 (6) The Kyoto Protocol to the Convention was 

14 adopted by the third Convention Conference of the 

15 Parties (COP–3) in December 1997, in Kyoto, Japan, 

16 and stipulated legally binding reductions in green17 house gas emissions at an average of 5.2 percent 

18 below 1990 levels for industrialized countries, but it 

19 did not specify policies for its implementation. The 

20 Kyoto Protocol also did not stipulate binding reduc21 tions in greenhouse gas emissions for rapidly indus22 trializing countries such as China, India, and Brazil. 

23 (7) Before negotiations were completed on the 

24 mechanisms for implementing Kyoto Protocol com25 mitments on greenhouse gas emissions, George W. 


jlentini on PROD1PC65 with BILLS
7 

•HR 2420 RH

1 Bush took office as President of the United States, 

2 and in March 2001, announced opposition to contin3 ued negotiations over implementation of the Protocol, 

4 stating that the Protocol was ‘‘fatally flawed’’ from 

5 the Administration’s point of view. 

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

7 strategy to the Kyoto Protocol for halting global 

8 warming on February 14, 2002. The President’s plan 

9 did not contain any international component to 

10 amend or supplant the Kyoto Protocol or any kind of 

11 blueprint for committing major developing economies 

12 such as China, India, and Brazil to reduce future 

13 greenhouse gas emissions. The President’s plan set a 

14 voluntary ‘‘greenhouse gas intensity’’ target for the 

15 United States that specified an 18 percent reduction 

16 in ‘‘emissions intensity’’ by 2012. This reduction 

17 would allow actual emissions to increase by at least 

18 12 percent over the same period. 

19 (9) On February 16, 2005, after Russia’s ratifi20 cation, the Kyoto Protocol entered into force. With 

21 entry into force, the emissions targets of the Protocol 

22 became legally binding commitments for those indus23 trialized countries that ratified the Protocol. Because 

24 the United States and Australia did not ratify the 

25 Protocol, and because developing countries are not 


jlentini on PROD1PC65 with BILLS
8 

•HR 2420 RH

1 subject to its limits, the Protocol currently restricts 

2 the emissions of countries accounting for only 32 per3 cent of global greenhouse gas emissions. 

4 (10) The Kyoto Protocol required that parties to 

5 the Protocol begin negotiating in 2005 toward a sec6 ond round of commitments to begin after the expira7 tion of the first emissions budget period in 2012. The 

8 eleventh Convention Conference of the Parties (COP– 

9 11) in November and December 2005 in Montreal, 

10 Canada launched the negotiations on the second 

11 round of commitments by parties to the Protocol and 

12 initiated a dialogue (a ‘‘parallel process’’) under the 

13 Convention that engaged both the United States and 

14 developing countries in discussions on future efforts. 

15 (11) At the twelfth Convention Conference of the 

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

17 Kenya, parties continued discussions on a second 

18 round of commitments under the Kyoto Protocol as a 

19 successor to the first commitment period (2008 

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

21 enhanced cooperation under the Convention that 

22 would engage countries that did not have commit23 ments under the Protocol. 

24 (12) At a summit in Brussels, Belgium in March 

25 2007, the head of governments of the European Union 


jlentini on PROD1PC65 with BILLS
9 

•HR 2420 RH

1 committed its Member States to cut greenhouse gas 

2 emissions 20 percent below 1990 levels by 2020 and 

3 committed to move this target up to 30 percent if the 

4 United States and other major emitters joined the 

5 commitment. 

6 (13) On April 17, 2007, the United Nations Se7 curity Council held its first ever ‘‘open meeting’’ on 

8 the impact of climate change on international secu9 rity. British Foreign Secretary Margaret Beckett, in 

10 her capacity as President of the Security Council, de11 clared in her opening statement that the Council has 

12 a ‘‘security imperative’’ to tackle climate change be13 cause it can exacerbate problems that cause conflicts 

14 and because it threatens the entire planet. United Na15 tions Secretary-General Ban Ki-moon told the Coun16 cil that ‘‘issues of energy and climate change have im17 plications for peace and security’’. 

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

19 April 30 through May 4, 2007, in Bangkok, Thailand 

20 to assess technologies and policies needed to avert 

21 dangerous climate change and to provide background 

22 for negotiations on a post-2012 climate change re23 gime. The draft report by the IPCC Working Group 

24 III concludes that by quickly adopting technological 

25 options that are available or are being developed, the 


jlentini on PROD1PC65 with BILLS
10 

•HR 2420 RH

1 global concentration of greenhouse gases in the atmos2 phere can be stabilized at 450–550 parts per million 

3 (ppm). The IPCC scientists believe that a 450 to 550 

4 ppm ceiling might limit the global rise in tempera5 tures to no more than 3.6 degrees Fahrenheit and 

6 avert impacts of escalating scale, scope, and costs, po7 tentially including the destabilization of large polar 

8 ice sheets that could contribute to long-term, cata9 strophic sea level rise at higher temperatures. 

10 (15) At the Group of Eight (G–8) Summit sched11 uled to be held in Heiligendamm, Germany in June 

12 2007, climate change and energy have been placed at 

13 the top of the policy agenda, and during the Summit, 

14 the G–8 is scheduled to have a dialogue with China, 

15 India, South Africa, Mexico, and Brazil on the issue. 

16 (16) The United Nations Secretary-General Ban 

17 Ki-moon has indicated that one of his top goals is to 

18 forge a more comprehensive agreement under the Con19 vention to ensure there is no gap when the first com20 mitment period under the Kyoto Protocol ends in 

21 2012. In order to reach this goal, critical negotiations 

22 involving all of the major greenhouse gas emitters, 

23 along with the vulnerable countries, must be initiated 

24 immediately and be completed by 2009. On May 1, 

25 2007, the Secretary-General named three Special EnVerDate Aug 31 2005 22:54 Jun 28, 2007 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2420.RH H2420

jlentini on PROD1PC65 with BILLS
11 

•HR 2420 RH

1 voys on Climate Change to assist in ‘‘consultations 

2 with Governments’’. The Secretary-General will host a 

3 ‘‘high-level meeting’’ on climate change at the United 

4 Nations General Assembly in September 2007 to give 

5 ‘‘political direction’’ to the thirteenth Convention 

6 Conference of the Parties (COP–13) to take place in 

7 December 2007 in Bali, 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 security 

12 through leadership in cooperation with other nations 

13 of the global effort to reduce and stabilize global 

14 greenhouse gas emissions and stabilize atmospheric 

15 concentration of such gases. As such, the United 

16 States will seek to obtain mitigation commitments 

17 from all major greenhouse gas emitting countries 

18 under the institutional framework provided by the 

19 United Nations Framework Convention on Climate 

20 Change (hereinafter in this section referred to as the 

21 ‘‘Convention’’); 

22 (2) To facilitate progress in global negotiations 

23 toward a comprehensive agreement under the Conven24 tion, and in service of this goal, the United States 

25 will, during the course of 2007, engage in high level 


jlentini on PROD1PC65 with BILLS
12 

•HR 2420 RH

1 dialogue on climate change within the Group of Eight 

2 (G–8), with the European Union, with Japan and 

3 other industrialized countries, and with China, India, 

4 Brazil, and other major developing countries. The 

5 United States will also participate in the initiative 

6 of the United Nations Secretary-General to build con7 sensus among governments on enhanced international 

8 cooperation on these matters. 

9 (3) To participate more actively and construc10 tively in the intergovernmental climate change proc11 ess, including at the thirteenth Convention Conference 

12 of the Parties (COP–13) to take place in December 

13 2007 in Bali, Indonesia. As such, at the COP–13 

14 meeting, the United States will be represented by a 

15 high-level delegation composed of climate experts and 

16 career foreign service officers with extensive diplo17 matic experience, including experience in multi-lat18 eral negotiations, headed by the Secretary of State, 

19 the Secretary’s Deputy, or the Undersecretary for 

20 Global Affairs of the Department of State. 

21 (4) To engage in serious discussion of possible 

22 future commitments under the Convention. These dis23 cussions will seek to develop a plan of action and 

24 time-table with the goal of adopting a new inter25 national agreement under the Convention that stipuVerDate Aug 31 2005 22:54 Jun 28, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2420.RH H2420

jlentini on PROD1PC65 with BILLS
13 

•HR 2420 RH

1 lates commitments from all major greenhouse gas 

2 emitters, including the United States and other coun3 tries listed in Annex 1 to the Convention, China, 

4 India, and Brazil, at the fifteenth Convention Con5 ference of the Parties (COP–15) to take place in 2009. 

6 This process will seek as its objective that a new in7 strument will come into force by the time the first 

8 commitment period under the Kyoto Protocol ends in 

9 2012. 

10 (5) To protect United States national and eco11 nomic interests and United States competitiveness in 

12 all sectors by negotiating a new agreement under the 

13 Convention that is cost effective, comprehensive, flexi14 ble, and equitable. Such an agreement shall, at a 

15 minimum— 

16 (A) require binding mitigation commit17 ments from all major emitting countries based 

18 on their level of development; 

19 (B) provide for different forms of commit20 ments, including economy-wide emissions tar21 gets, policy-based commitments, sectoral agree22 ments, and no-regrets targets; 

23 (C) increase cooperation on clean and effi24 cient energy technologies and practices; 


jlentini on PROD1PC65 with BILLS
14 

•HR 2420 RH

1 (D) target all greenhouse gases, including 

2 sources, sinks, and reservoirs of greenhouse gases, 

3 and should expand the current scope of the Kyoto 

4 Protocol and Convention to sectors not covered, 

5 such as the international aviation and maritime 

6 sectors; 

7 (E) include mechanisms to harness market8 based solutions, building upon the joint imple9 mentation, clean development mechanism, and 

10 international emissions trading developed under 

11 the Protocol; 

12 (F) include incentives for sustainable for13 estry management that reflect the value of avoid14 ed deforestation; 

15 (G) address the need for adaptation, espe16 cially for the most vulnerable and poorest coun17 tries on the planet; 

18 (H) consider the impact on United States 

19 industry and contain effective mechanisms to 

20 protect United States competitiveness; and 

21 (I) include the perspectives and address the 

22 concerns of impacted indigenous and tribal pop23 ulations. 

24 (6) To seek international consensus on long-term 

25 objectives including a target range for stabilizing 


jlentini on PROD1PC65 with BILLS
15 

•HR 2420 RH

1 greenhouse gas concentrations. The target range 

2 should reflect the consensus recommendations of Inter3 governmental Panel on Climate Change (IPCC) sci4 entists, who believe that concentrations of greenhouse 

5 gases in the Earth’s atmosphere must be stabilized to 

6 provide a reasonable chance of limiting the rise in 

7 global temperatures to a level that might avert the 

8 most damaging impacts of climate change. 

9 SEC. 103. OFFICE ON GLOBAL CLIMATE CHANGE. 

10 (a) ESTABLISHMENT OF OFFICE.—There is established 

11 within the Department of State an Office on Global Climate 

12 Change (hereinafter in this section referred to as the ‘‘Of13 fice’’). 

14 (b) HEAD OF OFFICE.— 

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

16 the Ambassador-at-Large for Global Climate Change 

17 (hereinafter in this section referred to as the ‘‘Ambas18 sador-at-Large’’). 

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

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

21 advice and consent of the Senate. 

22 (c) DUTIES.— 

23 (1) IN GENERAL.—The primary responsibility of 

24 the Ambassador-at-Large shall be to advance the goals 

25 of the United States with respect to reducing the 


jlentini on PROD1PC65 with BILLS
16 

•HR 2420 RH

1 emissions of global greenhouse gases and addressing 

2 the challenges posed by global climate change. 

3 (2) ADVISORY ROLE.—The Ambassador-at4 Large— 

5 (A) shall be a principal adviser to the 

6 President and the Secretary of State on matters 

7 relating to global climate change; and 

8 (B) shall make recommendations to the 

9 President and the Secretary of State on policies 

10 of the United States Government with respect to 

11 international cooperation on reducing the emis12 sion of global greenhouse gases and addressing 

13 the challenges posed by global climate change. 

14 (3) DIPLOMATIC REPRESENTATION.—Subject to 

15 the direction of the President and the Secretary of 

16 State, the Ambassador-at-Large is authorized to rep17 resent the United States in matters relating to global 

18 climate change in— 

19 (A) contacts with foreign governments, 

20 intergovernmental organizations, and specialized 

21 agencies of the United Nations, the Organization 

22 on Security and Cooperation in Europe, and 

23 other international organizations of which the 

24 United States is a member; and 


jlentini on PROD1PC65 with BILLS
17 

•HR 2420 RH

1 (B) multilateral conferences and meetings 

2 relating to global climate change. 

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

4 the Ambassador-at-Large with such funds as may be nec5 essary for the hiring of staff for the Office, the conduct of 

6 investigations by the Office, and for necessary travel to 

7 carry out the provisions of this section. 

8 (e) REPORT.—Not later than September 1 of each year, 

9 the Secretary of State, with the assistance of the Ambas10 sador-at-Large, shall prepare and submit to the appropriate 

11 congressional committees a report on the strategy, policies, 

12 and actions of the United States for reducing the emissions 

13 of global greenhouse gases and addressing the challenges 

14 posed of global climate change. 

15 TITLE II—ASSISTANCE TO PRO16 MOTE CLEAN AND EFFICIENT 

17 ENERGY TECHNOLOGIES IN 

18 FOREIGN COUNTRIES 

19 SEC. 201. CONGRESSIONAL FINDINGS. 

20 Congress makes the following findings: 

21 (1) Several provisions of the Energy Policy Act 

22 of 1992 were designed to expand Federal programs 

23 that support renewable energy and energy efficient 

24 equipment exports and to broaden the portfolio of pro25 grams to include training and technology transfer acVerDate Aug 31 2005 22:54 Jun 28, 2007 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H2420.RH H2420

jlentini on PROD1PC65 with BILLS
18 

•HR 2420 RH

1 tivities that help promote development in less indus2 trialized nations, expand global markets, and reduce 

3 greenhouse gas emissions. However, few of the export4 related provisions of the Energy Policy Act of 1992 

5 were implemented due to a lack of Federal funding. 

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

7 States Government agencies to create an Interagency 

8 Working Group to support a Clean Energy Tech9 nology Exports Initiative to use the combined re10 sources of various agencies to promote the export of 

11 clean energy technologies abroad. The Initiative also 

12 suffered from low levels of Federal funding and has 

13 not produced significant results. 

14 (3) Large and emerging economies, such as India 

15 and China, play significant roles in the global energy 

16 security system as large consumers of energy and 

17 should be included as member countries in the Inter18 national Energy Agency to strengthen the common in19 terest of importers in encouraging transparent energy 

20 markets and in planning for supply 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 these 

24 nations, a lack of transparency and accountability 

25 creates a climate of mistrust for investors; bilateral 


jlentini on PROD1PC65 with BILLS
19 

•HR 2420 RH

1 and multilateral lending institutions do not provide 

2 sufficient incentives to companies investing in clean 

3 and efficient energy technologies; women and children 

4 suffer disproportionately due to the lack of energy 

5 services; inaccessibility of energy services impedes 

6 other development programs in education, health, ag7 riculture, and the environment; and dependence on 

8 imported fuels leaves countries vulnerable to supply 

9 disruptions and economic shocks. 

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

11 energy technologies, large energy-consuming economies 

12 must also have appropriate incentive systems, policy 

13 and regulatory frameworks, and investment climates 

14 in place to accept and promote the adoption of such 

15 technologies. 

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

17 in energy-supply infrastructure worldwide by 2030 to 

18 meet energy demand, and almost half of total energy 

19 investment will take place in developing countries, 

20 where production and demand are expected to in21 crease 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 efforts 

25 and leverage resources to direct this investment into 


jlentini on PROD1PC65 with BILLS
20 

•HR 2420 RH

1 technologies, practices, and services that promote en2 ergy efficiency, clean-energy production, and a reduc3 tion 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 of 

16 the United States Agency for International Development 

17 shall support policies and programs in developing countries 

18 that promote clean and efficient energy technologies— 

19 (1) to produce the necessary market conditions 

20 for the private sector delivery of energy and environ21 mental management services; 

22 (2) to create an environment that is conducive to 

23 accepting clean and efficient energy technologies that 

24 support the overall purpose of reducing greenhouse 

25 gas emissions, including— 


jlentini on PROD1PC65 with BILLS
21 

•HR 2420 RH

1 (A) improving policy, legal, and regulatory 

2 frameworks; 

3 (B) increasing institutional abilities to pro4 vide energy and environmental management 

5 services; and 

6 (C) increasing public awareness and par7 ticipation in the decision-making of delivering 

8 energy and environmental management services; 

9 and 

10 (3) to promote the use of American-made clean 

11 and efficient energy technologies, products, and en12 ergy and environmental management services. 

13 (b) REPORT.—The Administrator of the United States 

14 Agency for International Development shall submit to the 

15 appropriate committees an annual report on the implemen16 tation of this section for each of the fiscal years 2008 

17 through 2012. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

19 out this section, there are authorized to be appropriated to 

20 the Administrator of the United States Agency for Inter21 national Development $200,000,000 for each of the fiscal 

22 years 2008 through 2012. 


jlentini on PROD1PC65 with BILLS
22 

•HR 2420 RH

1 SEC. 203. UNITED STATES EXPORTS AND OUTREACH PRO2 GRAMS FOR INDIA, CHINA, AND OTHER COUN3 TRIES. 

4 (a) ASSISTANCE AUTHORIZED.—The Secretary of 

5 Commerce shall direct the United States and Foreign Com6 mercial Service to expand or create a corps of the Foreign 

7 Commercial Service officers to promote United States ex8 ports in clean and efficient energy technologies and build 

9 the capacity of government officials in India, China, and 

10 any other country the Secretary of Commerce determines 

11 appropriate, to become more familiar with the available 

12 technologies— 

13 (1) by assigning or training Foreign Commercial 

14 Service attache ́s, who have expertise in clean and effi15 cient energy technologies from the United States, to 

16 embark on business development and outreach efforts 

17 to India and China; and 

18 (2) by deploying the attache ́s described in para19 graph (1) to educate provincial, state, and local gov20 ernment officials in India and China on the variety 

21 of United States-based technologies in clean and effi22 cient energy technologies for the purposes of pro23 moting United States exports and reducing global 

24 greenhouse gas emissions. 

25 (b) REPORT.—The Secretary of Commerce shall submit 

26 to the appropriate committees an annual report on the imVerDate Aug 31 2005 22:54 Jun 28, 2007 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H2420.RH H2420

jlentini on PROD1PC65 with BILLS
23 

•HR 2420 RH

1 plementation of this section for each of the fiscal years 2008 

2 through 2012. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

4 out this section, there are authorized to be appropriated to 

5 the Secretary of Commerce such sums as may be necessary 

6 for each of the fiscal years 2008 through 2012. 

7 SEC. 204. UNITED STATES TRADE MISSIONS TO ENCOURAGE 

8 PRIVATE SECTOR TRADE AND INVESTMENT. 

9 (a) ASSISTANCE AUTHORIZED.—The Secretary of 

10 Commerce shall direct the International Trade Administra11 tion to expand or create trade missions to and from the 

12 United States to encourage private sector trade and invest13 ment in clean and efficient energy technologies— 

14 (1) by organizing and facilitating trade missions 

15 to foreign countries and by matching United States 

16 private sector companies with opportunities in for17 eign markets so that clean and efficient energy tech18 nologies can help to combat increases in global green19 house gas emissions; and 

20 (2) by creating reverse trade missions in which 

21 the Department of Commerce facilitates the meeting of 

22 foreign private and public sector organizations with 

23 private sector companies in the United States for the 

24 purpose of showcasing clean and efficient energy techVerDate Aug 31 2005 22:54 Jun 28, 2007 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H2420.RH H2420

jlentini on PROD1PC65 with BILLS
24 

•HR 2420 RH

1 nologies in use or in development that could be ex2 ported to other countries. 

3 (b) REPORT.—The Secretary of Commerce shall submit 

4 to the appropriate committees an annual report on the im5 plementation of this section for each of the fiscal years 2008 

6 through 2012. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

8 out this section, there are authorized to be appropriated to 

9 the Secretary of Commerce such sums as may be necessary 

10 for each of the fiscal years 2008 through 2012. 

11 SEC. 205. ACTIONS BY OVERSEAS PRIVATE INVESTMENT 

12 CORPORATION. 

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

14 (1) Many of the emerging markets within which 

15 the Overseas Private Investment Corporation supports 

16 projects have immense energy needs and will require 

17 significant investment in the energy sector in the 

18 coming decades. 

19 (2) The use, or lack of use, of clean and efficient 

20 energy technologies can have a dramatic effect on the 

21 rate of global greenhouse gas emissions from emerging 

22 markets in the coming decades. 

23 (b) SENSE OF CONGRESS.—It is the sense of Congress 

24 that the Overseas Private Investment Corporation should 


jlentini on PROD1PC65 with BILLS
25 

•HR 2420 RH

1 promote greater investment in clean and efficient energy 

2 technologies by— 

3 (1) proactively reaching out to United States 

4 companies that are interested in investing in clean 

5 and efficient energy technologies in countries that are 

6 significant contributors to global greenhouse gas emis7 sions; 

8 (2) giving preferential treatment to the evalua9 tion and awarding of projects that involve the invest10 ment or utilization of clean and efficient energy tech11 nologies; and 

12 (3) providing greater flexibility in supporting 

13 projects that involve the investment or utilization of 

14 clean and efficient energy technologies, including fi15 nancing, insurance, and other assistance. 

16 (c) REPORT.—The Overseas Private Investment Cor17 poration shall include in its annual report required under 

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

19 U.S.C. 2200a)— 

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

21 implement this section; or 

22 (2) if the Corporation did not carry out any ac23 tivities to implement this section, an explanation of 

24 the reasons therefor. 


jlentini on PROD1PC65 with BILLS
26 

•HR 2420 RH

1 SEC. 206. ACTIONS BY UNITED STATES TRADE AND DEVEL2 OPMENT AGENCY. 

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

4 Trade and Development Agency shall establish or support 

5 policies that— 

6 (1) proactively seek opportunities to fund 

7 projects that involve the utilization of clean and effi8 cient energy technologies, including in trade capacity 

9 building and capital investment projects; 

10 (2) give preferential treatment to the evaluation 

11 and awarding of projects that involve the utilization 

12 of clean and efficient energy technologies, particularly 

13 to countries that have the potential for significant re14 duction in greenhouse gas emissions; and 

15 (3) recruit and retain individuals with appro16 priate expertise in clean, renewable, and efficient en17 ergy technologies to identify and evaluate opportuni18 ties for projects that involve clean and efficient energy 

19 technologies and services. 

20 (b) REPORT.—The President shall include in the an21 nual report on the activities of the Trade and Development 

22 Agency required under section 661(d) of the Foreign Assist23 ance Act of 1961 (22 U.S.C. 2421(d)) a description of the 

24 activities carried out to implement this section. 


jlentini on PROD1PC65 with BILLS
27 

•HR 2420 RH

1 SEC. 207. GLOBAL CLIMATE CHANGE EXCHANGE PROGRAM. 

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

3 is authorized to establish a program to strengthen research, 

4 educational exchange, and international cooperation with 

5 the aim of reducing global greenhouse gas emissions and 

6 addressing the challenges posed by global climate change. 

7 The program authorized by this subsection shall be carried 

8 out pursuant to the authorities of the Mutual Educational 

9 and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) 

10 and may be referred to as the ‘‘Global Climate Change Ex11 change Program’’. 

12 (b) ELEMENTS.—The program authorized by sub13 section (a) shall contain the following elements: 

14 (1) The financing of studies, research, instruc15 tion, and other educational activities dedicated to re16 ducing carbon emissions and addressing the challenge 

17 of global climate change— 

18 (A) by or to United States citizens and na19 tionals in foreign universities, governments, or20 ganizations, companies, or other institutions; 

21 and 

22 (B) by or to citizens and nationals of for23 eign countries in United States universities, gov24 ernments, organizations, companies, or other in25 stitutions. 


jlentini on PROD1PC65 with BILLS
28 

•HR 2420 RH

1 (2) The financing of visits and exchanges be2 tween the United States and other countries of stu3 dents, trainees, teachers, instructors, professors, re4 searchers, and other persons who study, teach, and 

5 conduct research in subjects such as the physical 

6 sciences, environmental science, public policy, eco7 nomics, urban planning, and other subjects and focus 

8 on reducing greenhouse gas emissions and addressing 

9 the challenges posed by global climate change. 

10 (c) ACCESS.—The Secretary of State shall ensure that 

11 the program authorized by subsection (a) is available to— 

12 (1) historically Black colleges and universities 

13 that are part B institutions (as such term is defined 

14 in section 322(2) of the Higher Education Act of 1965 

15 (20 U.S.C. 1061(2))), Hispanic-serving institutions 

16 (as such term is defined in section 502(5) of such Act 

17 (20 U.S.C. 1101a(5))), Tribal Colleges or Universities 

18 (as such term is defined in section 316 of such Act 

19 (20 U.S.C. 1059c)), and other minority institutions 

20 (as such term is defined in section 365(3) of such Act 

21 (20 U.S.C. 1067k(3))), and to the students, faculty, 

22 and researchers at such colleges, universities, and in23 stitutions; and 

24 (2) small business concerns owned and controlled 

25 by socially and economically disadvantaged individVerDate Aug 31 2005 22:54 Jun 28, 2007 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6203 E:\BILLS\H2420.RH H2420

jlentini on PROD1PC65 with BILLS
29 

•HR 2420 RH

1 uals, and small business concerns owned and con2 trolled by women (as such terms are defined in sec3 tion 8(d)(3) of the Small Business Act (15 U.S.C. 

4 637(d)(3))). 

5 (d) REPORT.—The Secretary of State shall transmit 

6 to the appropriate committees an annual report on the im7 plementation of this section for each of the fiscal years 2008 

8 through 2012. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 

10 out this section, there are authorized to be appropriated to 

11 the Secretary of State $3,000,000 for each of the fiscal years 

12 2008 through 2012. 

13 SEC. 208. INTERAGENCY WORKING GROUP TO SUPPORT A 

14 CLEAN ENERGY TECHNOLOGY EXPORTS INI15 TIATIVE. 

16 (a) ASSISTANCE AUTHORIZED.—The President shall 

17 provide assistance to the Interagency Working Group to 

18 support a Clean Energy Technology Exports Initiative— 

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

20 to respond to international competition by leveraging 

21 the resources of Federal departments and agencies ef22 fectively and efficiently and by raising policy issues 

23 that may hamper the export of United States clean 

24 energy technologies abroad; 


jlentini on PROD1PC65 with BILLS
30 

•HR 2420 RH

1 (2) to fulfill, as appropriate, the mission and ob2 jectives as noted in the report entitled, Five-Year 

3 Strategic Plan of the Clean Energy Technology Ex4 ports Initiative, submitted to Congress in October 

5 2002; and 

6 (3) to raise the importance and level of oversight 

7 of the Interagency Working Group to the heads of the 

8 Federal departments and agencies that are partici9 pating in the Interagency Working Group. 

10 (b) REPORT.—The Administrator of the United States 

11 Agency for International Development, the Secretary of 

12 Commerce, and the Secretary of Energy shall jointly submit 

13 to the appropriate committees an annual report on the im14 plementation of this section for each of the fiscal years 2008 

15 through 2012. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

17 out this section, there are authorized to appropriated to the 

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

19 through 2012. 

20 TITLE III—INTERNATIONAL 

21 CLEAN ENERGY FOUNDATION 

22 SEC. 301. DEFINITIONS. 

23 In this title: 


jlentini on PROD1PC65 with BILLS
31 

•HR 2420 RH

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

2 Board of Directors of the Foundation established pur3 suant to section 302(c). 

4 (2) CHIEF EXECUTIVE OFFICER.—The term 

5 ‘‘Chief Executive Officer’’ means the chief executive of6 ficer of the Foundation appointed pursuant to section 

7 302(b). 

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

9 means the International Clean Energy Foundation 

10 established by section 302(a). 

11 SEC. 302. ESTABLISHMENT AND MANAGEMENT OF FOUNDA12 TION. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—There is established in the ex15 ecutive branch a foundation to be known as the 

16 ‘‘International Clean Energy Foundation’’ that shall 

17 be responsible for carrying out the provisions of this 

18 title. The Foundation shall be a government corpora19 tion, as defined in section 103 of title 5, United 

20 States Code. 

21 (2) BOARD OF DIRECTORS.—The Foundation 

22 shall be governed by a Board of Directors chaired by 

23 the Secretary of State (or the Secretary’s designee) in 

24 accordance with subsection (d). 


jlentini on PROD1PC65 with BILLS
32 

•HR 2420 RH

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

2 Congress, in establishing the structure of the Founda3 tion set forth in this subsection, to create an entity 

4 that serves the long-term foreign policy and energy se5 curity goals of reducing global greenhouse gas emis6 sions. 

7 (b) CHIEF EXECUTIVE OFFICER.— 

8 (1) IN GENERAL.—There shall be in the Founda9 tion a Chief Executive Officer who shall be responsible 

10 for the management of the Foundation. 

11 (2) APPOINTMENT.—The Chief Executive Officer 

12 shall be appointed by the Board, with the advice and 

13 consent of the Senate, and shall be a recognized leader 

14 in clean and efficient energy technologies and climate 

15 change and shall have experience in energy security, 

16 business, or foreign policy, chosen on the basis of a 

17 rigorous search. 

18 (3) RELATIONSHIP TO BOARD.—The Chief Exec19 utive Officer shall report to, and be under the direct 

20 authority of, the Board. 

21 (4) COMPENSATION AND RANK.— 

22 (A) IN GENERAL.—The Chief Executive Of23 ficer shall be compensated at the rate provided 

24 for level III of the Executive Schedule under sec25 tion 5314 of title 5, United States Code. 


jlentini on PROD1PC65 with BILLS
33 

•HR 2420 RH

1 (B) AMENDMENT.—Section 5314 of title 5, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘Chief Executive Officer, International Clean 

5 Energy Foundation.’’. 

6 (C) AUTHORITIES AND DUTIES.—The Chief 

7 Executive Officer shall be responsible for the 

8 management of the Foundation and shall exer9 cise the powers and discharge the duties of the 

10 Foundation. 

11 (D) AUTHORITY TO APPOINT OFFICERS.—In 

12 consultation and with approval of the Board, the 

13 Chief Executive Officer shall appoint all officers 

14 of the Foundation. 

15 (c) BOARD OF DIRECTORS.— 

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

17 Foundation a Board of Directors. 

18 (2) DUTIES.—The Board shall perform the func19 tions specified to be carried out by the Board in this 

20 title and may prescribe, amend, and repeal bylaws, 

21 rules, regulations, and procedures governing the man22 ner in which the business of the Foundation may be 

23 conducted and in which the powers granted to it by 

24 law may be exercised. 

25 (3) MEMBERSHIP.—The Board shall consist of— 


jlentini on PROD1PC65 with BILLS
34 

•HR 2420 RH

1 (A) the Secretary of State (or the Sec2 retary’s designee), the Secretary of Energy (or 

3 the Secretary’s designee), and the Administrator 

4 of the United States Agency for International 

5 Development (or the Administrator’s designee); 

6 and 

7 (B) four other individuals with relevant ex8 perience in matters relating to energy security 

9 (such as individuals who represent institutions 

10 of energy policy, business organizations, foreign 

11 policy organizations, or other relevant organiza12 tions) who shall be appointed by the President, 

13 by and with the advice and consent of the Sen14 ate, of which— 

15 (i) one individual shall be appointed 

16 from among a list of individuals submitted 

17 by the majority leader of the House of Rep18 resentatives; 

19 (ii) one individual shall be appointed 

20 from among a list of individuals submitted 

21 by the minority leader of the House of Rep22 resentatives; 

23 (iii) one individual shall be appointed 

24 from among a list of individuals submitted 

25 by the majority leader of the Senate; and 


jlentini on PROD1PC65 with BILLS
35 

•HR 2420 RH

1 (iv) one individual shall be appointed 

2 from among a list of individuals submitted 

3 by the minority leader of the Senate. 

4 (4) CHIEF EXECUTIVE OFFICER.—The Chief Ex5 ecutive Officer of the Foundation shall serve as a non6 voting, ex officio member of the Board. 

7 (5) TERMS.— 

8 (A) OFFICERS OF THE FEDERAL GOVERN9 MENT.—Each member of the Board described in 

10 paragraph (3)(A) shall serve for a term that is 

11 concurrent with the term of service of the indi12 vidual’s position as an officer within the other 

13 Federal department or agency. 

14 (B) OTHER MEMBERS.—Each member of 

15 the Board described in paragraph (3)(B) shall be 

16 appointed for a term of 3 years and may be re17 appointed for a term of an additional 3 years. 

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

19 shall be filled in the manner in which the origi20 nal appointment was made. 

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

22 Board may be filled with an appointment of an 

23 acting member by the Chairperson of the Board 

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


jlentini on PROD1PC65 with BILLS
36 

•HR 2420 RH

1 awaits confirmation in accordance with para2 graph (3)(B). 

3 (6) CHAIRPERSON.—There shall be a Chair4 person of the Board. The Secretary of State (or the 

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

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

7 Board described in paragraph (3) shall constitute a 

8 quorum, which, except with respect to a meeting of 

9 the Board during the 135-day period beginning on 

10 the date of the enactment of this Act, shall include at 

11 least 1 member of the Board described in paragraph 

12 (3)(B). 

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

14 of the Chairperson, who shall call a meeting no less 

15 than once a year. 

16 (9) COMPENSATION.— 

17 (A) OFFICERS OF THE FEDERAL GOVERN18 MENT.— 

19 (i) IN GENERAL.—A member of the 

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

21 not receive additional pay, allowances, or 

22 benefits by reason of the member’s service on 

23 the Board. 

24 (ii) TRAVEL EXPENSES.—Each such 

25 member of the Board shall receive travel exVerDate Aug 31 2005 22:54 Jun 28, 2007 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6203 E:\BILLS\H2420.RH H2420

jlentini on PROD1PC65 with BILLS
37 

•HR 2420 RH

1 penses, including per diem in lieu of sub2 sistence, in accordance with applicable pro3 visions under subchapter I of chapter 57 of 

4 title 5, United States Code. 

5 (B) OTHER MEMBERS.— 

6 (i) IN GENERAL.—Except as provided 

7 in clause (ii), a member of the Board de8 scribed in paragraph (3)(B)— 

9 (I) shall be paid compensation out 

10 of funds made available for the pur11 poses of this title at the daily equiva12 lent of the highest rate payable under 

13 section 5332 of title 5, United States 

14 Code, for each day (including travel 

15 time) during which the member is en16 gaged in the actual performance of du17 ties as a member of the Board; and 

18 (II) while away from the mem19 ber’s home or regular place of business 

20 on necessary travel in the actual per21 formance of duties as a member of the 

22 Board, shall be paid per diem, travel, 

23 and transportation expenses in the 

24 same manner as is provided under subVerDate Aug 31 2005 22:54 Jun 28, 2007 Jkt 059200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\H2420.RH H2420

jlentini on PROD1PC65 with BILLS
38 

•HR 2420 RH

1 chapter I of chapter 57 of title 5, 

2 United States Code. 

3 (ii) LIMITATION.—A member of the 

4 Board may not be paid compensation under 

5 clause (i)(II) for more than 90 days in any 

6 calendar year. 

7 SEC. 303. DUTIES OF FOUNDATION. 

8 The Foundation shall— 

9 (1) use the funds authorized by this title to make 

10 grants to promote projects outside of the United 

11 States that serve as models of how to significantly re12 duce the emissions of global greenhouse gases through 

13 clean and efficient energy technologies, processes, and 

14 services; 

15 (2) seek contributions from foreign governments, 

16 especially those rich in energy resources such as mem17 ber countries of the Organization of the Petroleum 

18 Exporting Countries, and private organizations to 

19 supplement funds made available under this title; 

20 (3) harness global expertise through collaborative 

21 partnerships with foreign governments and domestic 

22 and foreign private actors, including non-govern23 mental organizations and private sector companies, 

24 by leveraging public and private capital, technology, 

25 expertise, and services towards innovative models that 


jlentini on PROD1PC65 with BILLS
39 

•HR 2420 RH

1 can be instituted to reduce global greenhouse gas 

2 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 initiatives 

7 to tackle the climate change crisis; 

8 (5) be committed to minimizing administrative 

9 costs and to maximizing the availability of funds for 

10 grants under this title; and 

11 (6) promote the use of American-made clean and 

12 efficient energy technologies, processes, and services. 

13 SEC. 304. ANNUAL REPORT. 

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

15 2008, and each March 31 thereafter, the Foundation shall 

16 submit to the appropriate congressional committees a report 

17 on the implementation of this title during the prior fiscal 

18 year. 

19 (b) CONTENTS.—The report required by subsection (a) 

20 shall include— 

21 (1) the total financial resources available to the 

22 Foundation during the year, including appropriated 

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

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

25 resources; 


jlentini on PROD1PC65 with BILLS
40 

•HR 2420 RH

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

2 for the year and the basis upon which competitive 

3 grant proposals were solicited and awarded to non4 governmental institutions and other organizations; 

5 (3) a list of grants made to nongovernmental in6 stitutions and other organizations that includes the 

7 identity of the institutional recipient, the dollar 

8 amount, and the results of the program; and 

9 (4) the total administrative and operating ex10 penses of the Foundation for the year, as well as spe11 cific information on— 

12 (A) the number of Foundation employees 

13 and the cost of compensation for Board members, 

14 Foundation employees, and personal service con15 tractors; 

16 (B) costs associated with securing the use of 

17 real property for carrying out the functions of 

18 the Foundation; 

19 (C) total travel expenses incurred by Board 

20 members and Foundation employees in connec21 tion with Foundation activities; and 

22 (D) total representational expenses. 

23 SEC. 305. POWERS OF THE FOUNDATION; RELATED PROVI24 SIONS. 

25 (a) POWERS.—The Foundation— 


jlentini on PROD1PC65 with BILLS
41 

•HR 2420 RH

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 gov8 ernment however designated and wherever situated, as 

9 may be necessary for carrying out the functions of the 

10 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 intangible, 

21 made available by gift, bequest grant, or otherwise for 

22 the purpose of carrying out the provisions of this Act 

23 from domestic or foreign private individuals, char24 ities, nongovernmental organizations, corporations, or 

25 governments; 


jlentini on PROD1PC65 with BILLS
42 

•HR 2420 RH

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

2 manner and on the same conditions as the executive 

3 departments; 

4 (8) may contract with individuals for personal 

5 services, who shall not be considered Federal employ6 ees for any provision of law administered by the Of7 fice of Personnel Management; 

8 (9) may hire or obtain passenger motor vehicles; 

9 and 

10 (10) shall have such other powers as may be nec11 essary and incident to carrying out this title. 

12 (b) PRINCIPAL OFFICE.—The Foundation shall main13 tain its principal office in the metropolitan area of Wash14 ington, District of Columbia. 

15 (c) APPLICABILITY OF GOVERNMENT CORPORATION

16 CONTROL ACT.— 

17 (1) IN GENERAL.—The Foundation shall be sub18 ject to chapter 91 of subtitle VI of title 31, United 

19 States Code, except that the Foundation shall not be 

20 authorized to issue obligations or offer obligations to 

21 the public. 

22 (2) CONFORMING AMENDMENT.—Section 9101(3) 

23 of title 31, United States Code, is amended by adding 

24 at the end the following: 


jlentini on PROD1PC65 with BILLS
43 

•HR 2420 RH

1 ‘‘(R) the International Clean Energy Foun2 dation.’’. 

3 (d) INSPECTOR GENERAL.— 

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

5 Department of State shall serve as Inspector General 

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

7 may conduct reviews, investigations, and inspections 

8 of all aspects of the operations and activities of the 

9 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 gen13 eral 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 under 

23 section 307(a) for a fiscal year, up to $500,000 

24 is authorized to be made available to the Inspec25 tor General of the Department of State to conVerDate Aug 31 2005 22:54 Jun 28, 2007 Jkt 059200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6203 E:\BILLS\H2420.RH H2420

jlentini on PROD1PC65 with BILLS
44 

•HR 2420 RH

1 duct reviews, investigations, and inspections of 

2 operations and activities of the Foundation. 

3 SEC. 306. GENERAL PERSONNEL AUTHORITIES. 

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

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

6 any employee of such agency to the Foundation on a reim7 bursable basis. Any employee so detailed remains, for the 

8 purpose of preserving such employee’s allowances, privi9 leges, rights, seniority, and other benefits, an employee of 

10 the agency from which detailed. 

11 (b) REEMPLOYMENT RIGHTS.— 

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

13 who is serving under a career or career conditional 

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

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

16 Foundation, is entitled to be reemployed in such em17 ployee’s former position or a position of like seniority, 

18 status, and pay in such agency, if such employee— 

19 (A) is separated from the Foundation for 

20 any reason, other than misconduct, neglect of 

21 duty, or malfeasance; and 

22 (B) applies for reemployment not later than 

23 90 days after the date of separation from the 

24 Foundation. 


jlentini on PROD1PC65 with BILLS
45 

•HR 2420 RH

1 (2) SPECIFIC RIGHTS.—An employee who satis2 fies paragraph (1) is entitled to be reemployed (in ac3 cordance with such paragraph) within 30 days after 

4 applying for reemployment and, on reemployment, is 

5 entitled to at least the rate of basic pay to which such 

6 employee would have been entitled had such employee 

7 never transferred. 

8 (c) HIRING AUTHORITY.—Of persons employed by the 

9 Foundation, no more than 30 persons may be appointed, 

10 compensated, or removed without regard to the civil service 

11 laws and regulations. 

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

13 the rate of basic pay of employees of the Foundation without 

14 regard to the provisions of chapter 51 of title 5, United 

15 States Code (relating to the classification of positions), sub16 chapter III of chapter 53 of such title (relating to General 

17 Schedule pay rates), except that no employee of the Founda18 tion may receive a rate of basic pay that exceeds the rate 

19 for level IV of the Executive Schedule under section 5315 

20 of such title. 

21 (e) DEFINITIONS.—In this section— 

22 (1) the term ‘‘agency’’ means an executive agen23 cy, as defined by section 105 of title 5, United States 

24 Code; and 


jlentini on PROD1PC65 with BILLS
46 

•HR 2420 RH

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

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

3 from the agency by which such employee is employed 

4 to the Foundation. 

5 SEC. 307. AUTHORIZATION OF APPROPRIATIONS. 

6 (a) AUTHORIZATION OF APPROPRIATIONS.—To carry 

7 out this title, there are authorized to be appropriated 

8 $20,000,000 for each of the fiscal years 2008 through 2012. 

9 (b) ALLOCATION OF FUNDS.— 

10 (1) IN GENERAL.—The Foundation may allocate 

11 or transfer to any agency of the United States Gov12 ernment any of the funds available for carrying out 

13 this title. Such funds shall be available for obligation 

14 and expenditure for the purposes for which the funds 

15 were authorized, in accordance with authority grant16 ed in this title or under authority governing the ac17 tivities of the United States Government agency to 

18 which such funds are allocated or transferred. 

19 (2) NOTIFICATION.—The Foundation shall notify 

20 the appropriate congressional committees not less 

21 than 15 days prior to an allocation or transfer of 

22 funds pursuant to paragraph (1). 


jlentini on PROD1PC65 with BILLS

jlentini on PROD1PC65 with BILLS
Union Calendar No. 131 

110TH CONGRESS 

1ST SESSION H. R. 2420 

[Report No. 110

–215] 

A BILL 

To declare United States policy on international clinational Clean Energy Foundation. foreign countries, and to establish the Inter- mote clean and efficient energy technologies in mate cooperation, to authorize assistance to proJUNE 28, 2007 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


jlentini on PROD1PC65 with BILLS