[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2420 Reported in House (RH)]






                                                 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. 
 Sanchez 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 efficient energy 
 technologies in foreign countries, and to establish the International 
                        Clean Energy Foundation.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Climate Cooperation Re-engagement Act of 2007''.
    (b) Table of Contents.--The table of contents for 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.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.
            (2) Clean and efficient energy technology.--The term 
        ``clean and efficient energy technology'' means an energy 
        supply or end-use technology--
                    (A) such as--
                            (i) solar technology;
                            (ii) wind technology;
                            (iii) geothermal technology;
                            (iv) hydroelectric technology; and
                            (v) carbon capture technology; and
                    (B) that, over its life cycle and compared to a 
                similar technology already in commercial use--
                            (i) is reliable, affordable, economically 
                        viable, socially acceptable, and compatible 
                        with the needs and norms of the country 
                        involved;
                            (ii) results in--
                                    (I) reduced emissions of greenhouse 
                                gases; or
                                    (II) increased geological 
                                sequestration; and
                            (iii) may--
                                    (I) substantially lower emissions 
                                of air pollutants; or
                                    (II) generate substantially smaller 
                                or less hazardous quantities of solid 
                                or liquid waste.
            (3) Geological sequestration.--The term ``geological 
        sequestration'' means the capture and long-term storage in a 
        geological formation of a greenhouse gas from an energy 
        producing facility, which prevents the release of greenhouse 
        gases into the atmosphere.
            (4) Greenhouse gas.--The term ``greenhouse gas'' means--
                    (A) carbon dioxide;
                    (B) methane;
                    (C) nitrous oxide;
                    (D) hydrofluorocarbons;
                    (E) perfluorocarbons; or
                    (F) sulfur hexafluoride.

         TITLE I--UNITED STATES POLICY ON GLOBAL CLIMATE CHANGE

SEC. 101. CONGRESSIONAL FINDINGS.

    Congress makes the following findings:
            (1) There is a global scientific consensus, as established 
        by the Intergovernmental Panel on Climate Change (IPCC) and 
        confirmed by the National Academy of Sciences, that the 
        continued build-up of anthropogenic greenhouse gases in the 
        atmosphere has been, and is now warming the earth and threatens 
        the stability of the global climate. By the estimate of the 
        IPCC, unmitigated global greenhouse gas emissions could drive 
        up global temperatures by as much as 7 to 11 degrees Fahrenheit 
        by 2100.
            (2) Climate change is already having significant impacts in 
        certain regions of the world and on many ecosystems, with poor 
        populations being most vulnerable.
            (3) Climate change is a global problem that can only be 
        managed by a coordinated global response that reduces global 
        emissions of greenhouse gases to a level that stabilizes their 
        concentration in the Earth's atmosphere.
            (4) The United Nations Framework Convention on Climate 
        Change (hereinafter in this section referred to as the 
        ``Convention'') establishes a viable foundation to construct a 
        global regime to combat global warming and manage its impacts.
            (5) The United States, along with 189 other countries, is a 
        party to the Convention, agreed to in New York on May 9, 1992, 
        and entered into force in 1994. The Convention's stated 
        objective is ``to achieve stabilization of greenhouse gas 
        concentrations in the atmosphere at a level that would prevent 
        dangerous anthropogenic interference with the climate system''.
            (6) The Kyoto Protocol to the Convention was adopted by the 
        third Convention Conference of the Parties (COP-3) in December 
        1997, in Kyoto, Japan, and stipulated legally binding 
        reductions in greenhouse gas emissions at an average of 5.2 
        percent below 1990 levels for industrialized countries, but it 
        did not specify policies for its implementation. The Kyoto 
        Protocol also did not stipulate binding reductions in 
        greenhouse gas emissions for rapidly industrializing countries 
        such as China, India, and Brazil.
            (7) Before negotiations were completed on the mechanisms 
        for implementing Kyoto Protocol commitments on greenhouse gas 
        emissions, George W. Bush took office as President of the 
        United States, and in March 2001, announced opposition to 
        continued negotiations over implementation of the Protocol, 
        stating that the Protocol was ``fatally flawed'' from the 
        Administration's point of view.
            (8) President Bush unveiled an ``alternative'' strategy to 
        the Kyoto Protocol for halting global warming on February 14, 
        2002. The President's plan did not contain any international 
        component to amend or supplant the Kyoto Protocol or any kind 
        of blueprint for committing major developing economies such as 
        China, India, and Brazil to reduce future greenhouse gas 
        emissions. The President's plan set a voluntary ``greenhouse 
        gas intensity'' target for the United States that specified an 
        18 percent reduction in ``emissions intensity'' by 2012. This 
        reduction would allow actual emissions to increase by at least 
        12 percent over the same period.
            (9) On February 16, 2005, after Russia's ratification, the 
        Kyoto Protocol entered into force. With entry into force, the 
        emissions targets of the Protocol became legally binding 
        commitments for those industrialized countries that ratified 
        the Protocol. Because the United States and Australia did not 
        ratify the Protocol, and because developing countries are not 
        subject to its limits, the Protocol currently restricts the 
        emissions of countries accounting for only 32 percent of global 
        greenhouse gas emissions.
            (10) The Kyoto Protocol required that parties to the 
        Protocol begin negotiating in 2005 toward a second round of 
        commitments to begin after the expiration of the first 
        emissions budget period in 2012. The eleventh Convention 
        Conference of the Parties (COP-11) in November and December 
        2005 in Montreal, Canada launched the negotiations on the 
        second round of commitments by parties to the Protocol and 
        initiated a dialogue (a ``parallel process'') under the 
        Convention that engaged both the United States and developing 
        countries in discussions on future efforts.
            (11) At the twelfth Convention Conference of the Parties 
        (COP-12) in November 2006 in Nairobi, Kenya, parties continued 
        discussions on a second round of commitments under the Kyoto 
        Protocol as a successor to the first commitment period (2008 
        through 2012) and, in the parallel process, discussed enhanced 
        cooperation under the Convention that would engage countries 
        that did not have commitments under the Protocol.
            (12) At a summit in Brussels, Belgium in March 2007, the 
        head of governments of the European Union committed its Member 
        States to cut greenhouse gas emissions 20 percent below 1990 
        levels by 2020 and committed to move this target up to 30 
        percent if the United States and other major emitters joined 
        the commitment.
            (13) On April 17, 2007, the United Nations Security Council 
        held its first ever ``open meeting'' on the impact of climate 
        change on international security. British Foreign Secretary 
        Margaret Beckett, in her capacity as President of the Security 
        Council, declared in her opening statement that the Council has 
        a ``security imperative'' to tackle climate change because it 
        can exacerbate problems that cause conflicts and because it 
        threatens the entire planet. United Nations Secretary-General 
        Ban Ki-moon told the Council that ``issues of energy and 
        climate change have implications for peace and security''.
            (14) Working Group III of the IPCC met from April 30 
        through May 4, 2007, in Bangkok, Thailand to assess 
        technologies and policies needed to avert dangerous climate 
        change and to provide background for negotiations on a post-
        2012 climate change regime. The draft report by the IPCC 
        Working Group III concludes that by quickly adopting 
        technological options that are available or are being 
        developed, the global concentration of greenhouse gases in the 
        atmosphere can be stabilized at 450-550 parts per million 
        (ppm). The IPCC scientists believe that a 450 to 550 ppm 
        ceiling might limit the global rise in temperatures to no more 
        than 3.6 degrees Fahrenheit and avert impacts of escalating 
        scale, scope, and costs, potentially including the 
        destabilization of large polar ice sheets that could contribute 
        to long-term, catastrophic sea level rise at higher 
        temperatures.
            (15) At the Group of Eight (G-8) Summit scheduled to be 
        held in Heiligendamm, Germany in June 2007, climate change and 
        energy have been placed at the top of the policy agenda, and 
        during the Summit, the G-8 is scheduled to have a dialogue with 
        China, India, South Africa, Mexico, and Brazil on the issue.
            (16) The United Nations Secretary-General Ban Ki-moon has 
        indicated that one of his top goals is to forge a more 
        comprehensive agreement under the Convention to ensure there is 
        no gap when the first commitment period under the Kyoto 
        Protocol ends in 2012. In order to reach this goal, critical 
        negotiations involving all of the major greenhouse gas 
        emitters, along with the vulnerable countries, must be 
        initiated immediately and be completed by 2009. On May 1, 2007, 
        the Secretary-General named three Special Envoys on Climate 
        Change to assist in ``consultations with Governments''. The 
        Secretary-General will host a ``high-level meeting'' on climate 
        change at the United Nations General Assembly in September 2007 
        to give ``political direction'' to the thirteenth Convention 
        Conference of the Parties (COP-13) to take place in December 
        2007 in Bali, Indonesia.

SEC. 102. CONGRESSIONAL STATEMENT OF POLICY.

    Congress declares the following to be the policy of the United 
States:
            (1) To promote United States and global security through 
        leadership in cooperation with other nations of the global 
        effort to reduce and stabilize global greenhouse gas emissions 
        and stabilize atmospheric concentration of such gases. As such, 
        the United States will seek to obtain mitigation commitments 
        from all major greenhouse gas emitting countries under the 
        institutional framework provided by the United Nations 
        Framework Convention on Climate Change (hereinafter in this 
        section referred to as the ``Convention'');
            (2) To facilitate progress in global negotiations toward a 
        comprehensive agreement under the Convention, and in service of 
        this goal, the United States will, during the course of 2007, 
        engage in high level dialogue on climate change within the 
        Group of Eight (G-8), with the European Union, with Japan and 
        other industrialized countries, and with China, India, Brazil, 
        and other major developing countries. The United States will 
        also participate in the initiative of the United Nations 
        Secretary-General to build consensus among governments on 
        enhanced international cooperation on these matters.
            (3) To participate more actively and constructively in the 
        intergovernmental climate change process, including at the 
        thirteenth Convention Conference of the Parties (COP-13) to 
        take place in December 2007 in Bali, Indonesia. As such, at the 
        COP-13 meeting, the United States will be represented by a 
        high-level delegation composed of climate experts and career 
        foreign service officers with extensive diplomatic experience, 
        including experience in multi-lateral negotiations, headed by 
        the Secretary of State, the Secretary's Deputy, or the 
        Undersecretary for Global Affairs of the Department of State.
            (4) To engage in serious discussion of possible future 
        commitments under the Convention. These discussions will seek 
        to develop a plan of action and time-table with the goal of 
        adopting a new international agreement under the Convention 
        that stipulates commitments from all major greenhouse gas 
        emitters, including the United States and other countries 
        listed in Annex 1 to the Convention, China, India, and Brazil, 
        at the fifteenth Convention Conference of the Parties (COP-15) 
        to take place in 2009. This process will seek as its objective 
        that a new instrument will come into force by the time the 
        first commitment period under the Kyoto Protocol ends in 2012.
            (5) To protect United States national and economic 
        interests and United States competitiveness in all sectors by 
        negotiating a new agreement under the Convention that is cost 
        effective, comprehensive, flexible, and equitable. Such an 
        agreement shall, at a minimum--
                    (A) require binding mitigation commitments from all 
                major emitting countries based on their level of 
                development;
                    (B) provide for different forms of commitments, 
                including economy-wide emissions targets, policy-based 
                commitments, sectoral agreements, and no-regrets 
                targets;
                    (C) increase cooperation on clean and efficient 
                energy technologies and practices;
                    (D) target all greenhouse gases, including sources, 
                sinks, and reservoirs of greenhouse gases, and should 
                expand the current scope of the Kyoto Protocol and 
                Convention to sectors not covered, such as the 
                international aviation and maritime sectors;
                    (E) include mechanisms to harness market-based 
                solutions, building upon the joint implementation, 
                clean development mechanism, and international 
                emissions trading developed under the Protocol;
                    (F) include incentives for sustainable forestry 
                management that reflect the value of avoided 
                deforestation;
                    (G) address the need for adaptation, especially for 
                the most vulnerable and poorest countries on the 
                planet;
                    (H) consider the impact on United States industry 
                and contain effective mechanisms to protect United 
                States competitiveness; and
                    (I) include the perspectives and address the 
                concerns of impacted indigenous and tribal populations.
            (6) To seek international consensus on long-term objectives 
        including a target range for stabilizing greenhouse gas 
        concentrations. The target range should reflect the consensus 
        recommendations of Intergovernmental Panel on Climate Change 
        (IPCC) scientists, who believe that concentrations of 
        greenhouse gases in the Earth's atmosphere must be stabilized 
        to provide a reasonable chance of limiting the rise in global 
        temperatures to a level that might avert the most damaging 
        impacts of climate change.

SEC. 103. OFFICE ON GLOBAL CLIMATE CHANGE.

    (a) Establishment of Office.--There is established within the 
Department of State an Office on Global Climate Change (hereinafter in 
this section referred to as the ``Office'').
    (b) Head of Office.--
            (1) In general.--The head of the Office shall be the 
        Ambassador-at-Large for Global Climate Change (hereinafter in 
        this section referred to as the ``Ambassador-at-Large'').
            (2) Appointment.--The Ambassador-at-Large shall be 
        appointed by the President, by and with the advice and consent 
        of the Senate.
    (c) Duties.--
            (1) In general.--The primary responsibility of the 
        Ambassador-at-Large shall be to advance the goals of the United 
        States with respect to reducing the emissions of global 
        greenhouse gases and addressing the challenges posed by global 
        climate change.
            (2) Advisory role.--The Ambassador-at-Large--
                    (A) shall be a principal adviser to the President 
                and the Secretary of State on matters relating to 
                global climate change; and
                    (B) shall make recommendations to the President and 
                the Secretary of State on policies of the United States 
                Government with respect to international cooperation on 
                reducing the emission of global greenhouse gases and 
                addressing the challenges posed by global climate 
                change.
            (3) Diplomatic representation.--Subject to the direction of 
        the President and the Secretary of State, the Ambassador-at-
        Large is authorized to represent the United States in matters 
        relating to global climate change in--
                    (A) contacts with foreign governments, 
                intergovernmental organizations, and specialized 
                agencies of the United Nations, the Organization on 
                Security and Cooperation in Europe, and other 
                international organizations of which the United States 
                is a member; and
                    (B) multilateral conferences and meetings relating 
                to global climate change.
    (d) Funding.--The Secretary of State shall provide the Ambassador-
at-Large with such funds as may be necessary for the hiring of staff 
for the Office, the conduct of investigations by the Office, and for 
necessary travel to carry out the provisions of this section.
    (e) Report.--Not later than September 1 of each year, the Secretary 
of State, with the assistance of the Ambassador-at-Large, shall prepare 
and submit to the appropriate congressional committees a report on the 
strategy, policies, and actions of the United States for reducing the 
emissions of global greenhouse gases and addressing the challenges 
posed of global climate change.

TITLE II--ASSISTANCE TO PROMOTE CLEAN AND EFFICIENT ENERGY TECHNOLOGIES 
                          IN FOREIGN COUNTRIES

SEC. 201. CONGRESSIONAL FINDINGS.

    Congress makes the following findings:
            (1) Several provisions of the Energy Policy Act of 1992 
        were designed to expand Federal programs that support renewable 
        energy and energy efficient equipment exports and to broaden 
        the portfolio of programs to include training and technology 
        transfer activities that help promote development in less 
        industrialized nations, expand global markets, and reduce 
        greenhouse gas emissions. However, few of the export-related 
        provisions of the Energy Policy Act of 1992 were implemented 
        due to a lack of Federal funding.
            (2) In 2000, Congress called for several United States 
        Government agencies to create an Interagency Working Group to 
        support a Clean Energy Technology Exports Initiative to use the 
        combined resources of various agencies to promote the export of 
        clean energy technologies abroad. The Initiative also suffered 
        from low levels of Federal funding and has not produced 
        significant results.
            (3) Large and emerging economies, such as India and China, 
        play significant roles in the global energy security system as 
        large consumers of energy and should be included as member 
        countries in the International Energy Agency to strengthen the 
        common interest of importers in encouraging transparent energy 
        markets and in planning for supply disruptions.
            (4) The challenge of energy security severely affects 
        developing countries where over 1.6 billion people lack access 
        to affordable energy services. In these nations, a lack of 
        transparency and accountability creates a climate of mistrust 
        for investors; bilateral and multilateral lending institutions 
        do not provide sufficient incentives to companies investing in 
        clean and efficient energy technologies; women and children 
        suffer disproportionately due to the lack of energy services; 
        inaccessibility of energy services impedes other development 
        programs in education, health, agriculture, and the 
        environment; and dependence on imported fuels leaves countries 
        vulnerable to supply disruptions and economic shocks.
            (5) In addition to promoting the export of clean energy 
        technologies, large energy-consuming economies must also have 
        appropriate incentive systems, policy and regulatory 
        frameworks, and investment climates in place to accept and 
        promote the adoption of such technologies.
            (6) More than $16 trillion needs to be invested in energy-
        supply infrastructure worldwide by 2030 to meet energy demand, 
        and almost half of total energy investment will take place in 
        developing countries, where production and demand are expected 
        to increase the most.
            (7) Public and private sector capital will be needed to 
        fulfill future demand. The opportunity exists for public and 
        private actors to coordinate efforts and leverage resources to 
        direct this investment into technologies, practices, and 
        services that promote energy efficiency, clean-energy 
        production, and a reduction in global greenhouse gas emissions.
            (8) In attempting to address the global climate change 
        challenge, the United States Government recently launched the 
        Asia Pacific Partnership on Clean Development and Climate, 
        which is meant to accelerate the development and deployment of 
        clean energy technologies. However, this Partnership operates 
        in a non-binding framework that does not require any emissions 
        reductions from the partner countries.

SEC. 202. UNITED STATES ASSISTANCE FOR DEVELOPING COUNTRIES.

    (a) Assistance Authorized.--The Administrator of the United States 
Agency for International Development shall support policies and 
programs in developing countries that promote clean and efficient 
energy technologies--
            (1) to produce the necessary market conditions for the 
        private sector delivery of energy and environmental management 
        services;
            (2) to create an environment that is conducive to accepting 
        clean and efficient energy technologies that support the 
        overall purpose of reducing greenhouse gas emissions, 
        including--
                    (A) improving policy, legal, and regulatory 
                frameworks;
                    (B) increasing institutional abilities to provide 
                energy and environmental management services; and
                    (C) increasing public awareness and participation 
                in the decision-making of delivering energy and 
                environmental management services; and
            (3) to promote the use of American-made clean and efficient 
        energy technologies, products, and energy and environmental 
        management services.
    (b) Report.--The Administrator of the United States Agency for 
International Development shall submit to the appropriate committees an 
annual report on the implementation of this section for each of the 
fiscal years 2008 through 2012.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Administrator of the 
United States Agency for International Development $200,000,000 for 
each of the fiscal years 2008 through 2012.

SEC. 203. UNITED STATES EXPORTS AND OUTREACH PROGRAMS FOR INDIA, CHINA, 
              AND OTHER COUNTRIES.

    (a) Assistance Authorized.--The Secretary of Commerce shall direct 
the United States and Foreign Commercial Service to expand or create a 
corps of the Foreign Commercial Service officers to promote United 
States exports in clean and efficient energy technologies and build the 
capacity of government officials in India, China, and any other country 
the Secretary of Commerce determines appropriate, to become more 
familiar with the available technologies--
            (1) by assigning or training Foreign Commercial Service 
        attaches, who have expertise in clean and efficient energy 
        technologies from the United States, to embark on business 
        development and outreach efforts to India and China; and
            (2) by deploying the attaches described in paragraph (1) to 
        educate provincial, state, and local government officials in 
        India and China on the variety of United States-based 
        technologies in clean and efficient energy technologies for the 
        purposes of promoting United States exports and reducing global 
        greenhouse gas emissions.
    (b) Report.--The Secretary of Commerce shall submit to the 
appropriate committees an annual report on the implementation of this 
section for each of the fiscal years 2008 through 2012.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Secretary of Commerce 
such sums as may be necessary for each of the fiscal years 2008 through 
2012.

SEC. 204. UNITED STATES TRADE MISSIONS TO ENCOURAGE PRIVATE SECTOR 
              TRADE AND INVESTMENT.

    (a) Assistance Authorized.--The Secretary of Commerce shall direct 
the International Trade Administration to expand or create trade 
missions to and from the United States to encourage private sector 
trade and investment in clean and efficient energy technologies--
            (1) by organizing and facilitating trade missions to 
        foreign countries and by matching United States private sector 
        companies with opportunities in foreign markets so that clean 
        and efficient energy technologies can help to combat increases 
        in global greenhouse gas emissions; and
            (2) by creating reverse trade missions in which the 
        Department of Commerce facilitates the meeting of foreign 
        private and public sector organizations with private sector 
        companies in the United States for the purpose of showcasing 
        clean and efficient energy technologies in use or in 
        development that could be exported to other countries.
    (b) Report.--The Secretary of Commerce shall submit to the 
appropriate committees an annual report on the implementation of this 
section for each of the fiscal years 2008 through 2012.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Secretary of Commerce 
such sums as may be necessary for each of the fiscal years 2008 through 
2012.

SEC. 205. ACTIONS BY OVERSEAS PRIVATE INVESTMENT CORPORATION.

    (a) Findings.--Congress finds the following:
            (1) Many of the emerging markets within which the Overseas 
        Private Investment Corporation supports projects have immense 
        energy needs and will require significant investment in the 
        energy sector in the coming decades.
            (2) The use, or lack of use, of clean and efficient energy 
        technologies can have a dramatic effect on the rate of global 
        greenhouse gas emissions from emerging markets in the coming 
        decades.
    (b) Sense of Congress.--It is the sense of Congress that the 
Overseas Private Investment Corporation should promote greater 
investment in clean and efficient energy technologies by--
            (1) proactively reaching out to United States companies 
        that are interested in investing in clean and efficient energy 
        technologies in countries that are significant contributors to 
        global greenhouse gas emissions;
            (2) giving preferential treatment to the evaluation and 
        awarding of projects that involve the investment or utilization 
        of clean and efficient energy technologies; and
            (3) providing greater flexibility in supporting projects 
        that involve the investment or utilization of clean and 
        efficient energy technologies, including financing, insurance, 
        and other assistance.
    (c) Report.--The Overseas Private Investment Corporation shall 
include in its annual report required under section 240A of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2200a)--
            (1) a description of the activities carried out to 
        implement this section; or
            (2) if the Corporation did not carry out any activities to 
        implement this section, an explanation of the reasons therefor.

SEC. 206. ACTIONS BY UNITED STATES TRADE AND DEVELOPMENT AGENCY.

    (a) Assistance Authorized.--The Director of the Trade and 
Development Agency shall establish or support policies that--
            (1) proactively seek opportunities to fund projects that 
        involve the utilization of clean and efficient energy 
        technologies, including in trade capacity building and capital 
        investment projects;
            (2) give preferential treatment to the evaluation and 
        awarding of projects that involve the utilization of clean and 
        efficient energy technologies, particularly to countries that 
        have the potential for significant reduction in greenhouse gas 
        emissions; and
            (3) recruit and retain individuals with appropriate 
        expertise in clean, renewable, and efficient energy 
        technologies to identify and evaluate opportunities for 
        projects that involve clean and efficient energy technologies 
        and services.
    (b) Report.--The President shall include in the annual report on 
the activities of the Trade and Development Agency required under 
section 661(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2421(d)) a description of the activities carried out to implement this 
section.

SEC. 207. GLOBAL CLIMATE CHANGE EXCHANGE PROGRAM.

    (a) Program Authorized.--The Secretary of State is authorized to 
establish a program to strengthen research, educational exchange, and 
international cooperation with the aim of reducing global greenhouse 
gas emissions and addressing the challenges posed by global climate 
change. The program authorized by this subsection shall be carried out 
pursuant to the authorities of the Mutual Educational and Cultural 
Exchange Act of 1961 (22 U.S.C. 2451 et seq.) and may be referred to as 
the ``Global Climate Change Exchange Program''.
    (b) Elements.--The program authorized by subsection (a) shall 
contain the following elements:
            (1) The financing of studies, research, instruction, and 
        other educational activities dedicated to reducing carbon 
        emissions and addressing the challenge of global climate 
        change--
                    (A) by or to United States citizens and nationals 
                in foreign universities, governments, organizations, 
                companies, or other institutions; and
                    (B) by or to citizens and nationals of foreign 
                countries in United States universities, governments, 
                organizations, companies, or other institutions.
            (2) The financing of visits and exchanges between the 
        United States and other countries of students, trainees, 
        teachers, instructors, professors, researchers, and other 
        persons who study, teach, and conduct research in subjects such 
        as the physical sciences, environmental science, public policy, 
        economics, urban planning, and other subjects and focus on 
        reducing greenhouse gas emissions and addressing the challenges 
        posed by global climate change.
    (c) Access.--The Secretary of State shall ensure that the program 
authorized by subsection (a) is available to--
            (1) historically Black colleges and universities that are 
        part B institutions (as such term is defined in section 322(2) 
        of the Higher Education Act of 1965 (20 U.S.C. 1061(2))), 
        Hispanic-serving institutions (as such term is defined in 
        section 502(5) of such Act (20 U.S.C. 1101a(5))), Tribal 
        Colleges or Universities (as such term is defined in section 
        316 of such Act (20 U.S.C. 1059c)), and other minority 
        institutions (as such term is defined in section 365(3) of such 
        Act (20 U.S.C. 1067k(3))), and to the students, faculty, and 
        researchers at such colleges, universities, and institutions; 
        and
            (2) small business concerns owned and controlled by 
        socially and economically disadvantaged individuals, and small 
        business concerns owned and controlled by women (as such terms 
        are defined in section 8(d)(3) of the Small Business Act (15 
        U.S.C. 637(d)(3))).
    (d) Report.--The Secretary of State shall transmit to the 
appropriate committees an annual report on the implementation of this 
section for each of the fiscal years 2008 through 2012.
    (e) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Secretary of State 
$3,000,000 for each of the fiscal years 2008 through 2012.

SEC. 208. INTERAGENCY WORKING GROUP TO SUPPORT A CLEAN ENERGY 
              TECHNOLOGY EXPORTS INITIATIVE.

    (a) Assistance Authorized.--The President shall provide assistance 
to the Interagency Working Group to support a Clean Energy Technology 
Exports Initiative--
            (1) to improve the ability of the United States to respond 
        to international competition by leveraging the resources of 
        Federal departments and agencies effectively and efficiently 
        and by raising policy issues that may hamper the export of 
        United States clean energy technologies abroad;
            (2) to fulfill, as appropriate, the mission and objectives 
        as noted in the report entitled, Five-Year Strategic Plan of 
        the Clean Energy Technology Exports Initiative, submitted to 
        Congress in October 2002; and
            (3) to raise the importance and level of oversight of the 
        Interagency Working Group to the heads of the Federal 
        departments and agencies that are participating in the 
        Interagency Working Group.
    (b) Report.--The Administrator of the United States Agency for 
International Development, the Secretary of Commerce, and the Secretary 
of Energy shall jointly submit to the appropriate committees an annual 
report on the implementation of this section for each of the fiscal 
years 2008 through 2012.
    (c) Authorization of Appropriations.--To carry out this section, 
there are authorized to appropriated to the President $5,000,000 for 
each of the fiscal years 2008 through 2012.

            TITLE III--INTERNATIONAL CLEAN ENERGY FOUNDATION

SEC. 301. DEFINITIONS.

    In this title:
            (1) Board.--The term ``Board'' means the Board of Directors 
        of the Foundation established pursuant to section 302(c).
            (2) Chief executive officer.--The term ``Chief Executive 
        Officer'' means the chief executive officer of the Foundation 
        appointed pursuant to section 302(b).
            (3) Foundation.--The term ``Foundation'' means the 
        International Clean Energy Foundation established by section 
        302(a).

SEC. 302. ESTABLISHMENT AND MANAGEMENT OF FOUNDATION.

    (a) Establishment.--
            (1) In general.--There is established in the executive 
        branch a foundation to be known as the ``International Clean 
        Energy Foundation'' that shall be responsible for carrying out 
        the provisions of this title. The Foundation shall be a 
        government corporation, as defined in section 103 of title 5, 
        United States Code.
            (2) Board of directors.--The Foundation shall be governed 
        by a Board of Directors chaired by the Secretary of State (or 
        the Secretary's designee) in accordance with subsection (d).
            (3) Intent of congress.--It is the intent of Congress, in 
        establishing the structure of the Foundation set forth in this 
        subsection, to create an entity that serves the long-term 
        foreign policy and energy security goals of reducing global 
        greenhouse gas emissions.
    (b) Chief Executive Officer.--
            (1) In general.--There shall be in the Foundation a Chief 
        Executive Officer who shall be responsible for the management 
        of the Foundation.
            (2) Appointment.--The Chief Executive Officer shall be 
        appointed by the Board, with the advice and consent of the 
        Senate, and shall be a recognized leader in clean and efficient 
        energy technologies and climate change and shall have 
        experience in energy security, business, or foreign policy, 
        chosen on the basis of a rigorous search.
            (3) Relationship to board.--The Chief Executive Officer 
        shall report to, and be under the direct authority of, the 
        Board.
            (4) Compensation and rank.--
                    (A) In general.--The Chief Executive Officer shall 
                be compensated at the rate provided for level III of 
                the Executive Schedule under section 5314 of title 5, 
                United States Code.
                    (B) Amendment.--Section 5314 of title 5, United 
                States Code, is amended by adding at the end the 
                following:
            ``Chief Executive Officer, International Clean Energy 
        Foundation.''.
                    (C) Authorities and duties.--The Chief Executive 
                Officer shall be responsible for the management of the 
                Foundation and shall exercise the powers and discharge 
                the duties of the Foundation.
                    (D) Authority to appoint officers.--In consultation 
                and with approval of the Board, the Chief Executive 
                Officer shall appoint all officers of the Foundation.
    (c) Board of Directors.--
            (1) Establishment.--There shall be in the Foundation a 
        Board of Directors.
            (2) Duties.--The Board shall perform the functions 
        specified to be carried out by the Board in this title and may 
        prescribe, amend, and repeal bylaws, rules, regulations, and 
        procedures governing the manner in which the business of the 
        Foundation may be conducted and in which the powers granted to 
        it by law may be exercised.
            (3) Membership.--The Board shall consist of--
                    (A) the Secretary of State (or the Secretary's 
                designee), the Secretary of Energy (or the Secretary's 
                designee), and the Administrator of the United States 
                Agency for International Development (or the 
                Administrator's designee); and
                    (B) four other individuals with relevant experience 
                in matters relating to energy security (such as 
                individuals who represent institutions of energy 
                policy, business organizations, foreign policy 
                organizations, or other relevant organizations) who 
                shall be appointed by the President, by and with the 
                advice and consent of the Senate, of which--
                            (i) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        majority leader of the House of 
                        Representatives;
                            (ii) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        minority leader of the House of 
                        Representatives;
                            (iii) one individual shall be appointed 
                        from among a list of individuals submitted by 
                        the majority leader of the Senate; and
                            (iv) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        minority leader of the Senate.
            (4) Chief executive officer.--The Chief Executive Officer 
        of the Foundation shall serve as a nonvoting, ex officio member 
        of the Board.
            (5) Terms.--
                    (A) Officers of the federal government.--Each 
                member of the Board described in paragraph (3)(A) shall 
                serve for a term that is concurrent with the term of 
                service of the individual's position as an officer 
                within the other Federal department or agency.
                    (B) Other members.--Each member of the Board 
                described in paragraph (3)(B) shall be appointed for a 
                term of 3 years and may be reappointed for a term of an 
                additional 3 years.
                    (C) Vacancies.--A vacancy in the Board shall be 
                filled in the manner in which the original appointment 
                was made.
                    (D) Acting members.--A vacancy in the Board may be 
                filled with an appointment of an acting member by the 
                Chairperson of the Board for up to 1 year while a 
                nominee is named and awaits confirmation in accordance 
                with paragraph (3)(B).
            (6) Chairperson.--There shall be a Chairperson of the 
        Board. The Secretary of State (or the Secretary's designee) 
        shall serve as the Chairperson.
            (7) Quorum.--A majority of the members of the Board 
        described in paragraph (3) shall constitute a quorum, which, 
        except with respect to a meeting of the Board during the 135-
        day period beginning on the date of the enactment of this Act, 
        shall include at least 1 member of the Board described in 
        paragraph (3)(B).
            (8) Meetings.--The Board shall meet at the call of the 
        Chairperson, who shall call a meeting no less than once a year.
            (9) Compensation.--
                    (A) Officers of the federal government.--
                            (i) In general.--A member of the Board 
                        described in paragraph (3)(A) may not receive 
                        additional pay, allowances, or benefits by 
                        reason of the member's service on the Board.
                            (ii) Travel expenses.--Each such member of 
                        the Board shall receive travel expenses, 
                        including per diem in lieu of subsistence, in 
                        accordance with applicable provisions under 
                        subchapter I of chapter 57 of title 5, United 
                        States Code.
                    (B) Other members.--
                            (i) In general.--Except as provided in 
                        clause (ii), a member of the Board described in 
                        paragraph (3)(B)--
                                    (I) shall be paid compensation out 
                                of funds made available for the 
                                purposes of this title at the daily 
                                equivalent of the highest rate payable 
                                under section 5332 of title 5, United 
                                States Code, for each day (including 
                                travel time) during which the member is 
                                engaged in the actual performance of 
                                duties as a member of the Board; and
                                    (II) while away from the member's 
                                home or regular place of business on 
                                necessary travel in the actual 
                                performance of duties as a member of 
                                the Board, shall be paid per diem, 
                                travel, and transportation expenses in 
                                the same manner as is provided under 
                                subchapter I of chapter 57 of title 5, 
                                United States Code.
                            (ii) Limitation.--A member of the Board may 
                        not be paid compensation under clause (i)(II) 
                        for more than 90 days in any calendar year.

SEC. 303. DUTIES OF FOUNDATION.

    The Foundation shall--
            (1) use the funds authorized by this title to make grants 
        to promote projects outside of the United States that serve as 
        models of how to significantly reduce the emissions of global 
        greenhouse gases through clean and efficient energy 
        technologies, processes, and services;
            (2) seek contributions from foreign governments, especially 
        those rich in energy resources such as member countries of the 
        Organization of the Petroleum Exporting Countries, and private 
        organizations to supplement funds made available under this 
        title;
            (3) harness global expertise through collaborative 
        partnerships with foreign governments and domestic and foreign 
        private actors, including non-governmental organizations and 
        private sector companies, by leveraging public and private 
        capital, technology, expertise, and services towards innovative 
        models that can be instituted to reduce global greenhouse gas 
        emissions;
            (4) create a repository of information on best practices 
        and lessons learned on the utilization and implementation of 
        clean and efficient energy technologies and processes to be 
        used for future initiatives to tackle the climate change 
        crisis;
            (5) be committed to minimizing administrative costs and to 
        maximizing the availability of funds for grants under this 
        title; and
            (6) promote the use of American-made clean and efficient 
        energy technologies, processes, and services.

SEC. 304. ANNUAL REPORT.

    (a) Report Required.--Not later than March 31, 2008, and each March 
31 thereafter, the Foundation shall submit to the appropriate 
congressional committees a report on the implementation of this title 
during the prior fiscal year.
    (b) Contents.--The report required by subsection (a) shall 
include--
            (1) the total financial resources available to the 
        Foundation during the year, including appropriated funds, the 
        value and source of any gifts or donations accepted pursuant to 
        section 305(a)(6), and any other resources;
            (2) a description of the Board's policy priorities for the 
        year and the basis upon which competitive grant proposals were 
        solicited and awarded to nongovernmental institutions and other 
        organizations;
            (3) a list of grants made to nongovernmental institutions 
        and other organizations that includes the identity of the 
        institutional recipient, the dollar amount, and the results of 
        the program; and
            (4) the total administrative and operating expenses of the 
        Foundation for the year, as well as specific information on--
                    (A) the number of Foundation employees and the cost 
                of compensation for Board members, Foundation 
                employees, and personal service contractors;
                    (B) costs associated with securing the use of real 
                property for carrying out the functions of the 
                Foundation;
                    (C) total travel expenses incurred by Board members 
                and Foundation employees in connection with Foundation 
                activities; and
                    (D) total representational expenses.

SEC. 305. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

    (a) Powers.--The Foundation--
            (1) shall have perpetual succession unless dissolved by a 
        law enacted after the date of the enactment of this Act;
            (2) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
            (3) may make and perform such contracts, grants, and other 
        agreements with any person or government however designated and 
        wherever situated, as may be necessary for carrying out the 
        functions of the Foundation;
            (4) may determine and prescribe the manner in which its 
        obligations shall be incurred and its expenses allowed and 
        paid, including expenses for representation;
            (5) may lease, purchase, or otherwise acquire, improve, and 
        use such real property wherever situated, as may be necessary 
        for carrying out the functions of the Foundation;
            (6) may accept money, funds, services, or property (real, 
        personal, or mixed), tangible or intangible, made available by 
        gift, bequest grant, or otherwise for the purpose of carrying 
        out the provisions of this Act from domestic or foreign private 
        individuals, charities, nongovernmental organizations, 
        corporations, or governments;
            (7) may use the United States mails in the same manner and 
        on the same conditions as the executive departments;
            (8) may contract with individuals for personal services, 
        who shall not be considered Federal employees for any provision 
        of law administered by the Office of Personnel Management;
            (9) may hire or obtain passenger motor vehicles; and
            (10) shall have such other powers as may be necessary and 
        incident to carrying out this title.
    (b) Principal Office.--The Foundation shall maintain its principal 
office in the metropolitan area of Washington, District of Columbia.
    (c) Applicability of Government Corporation Control Act.--
            (1) In general.--The Foundation shall be subject to chapter 
        91 of subtitle VI of title 31, United States Code, except that 
        the Foundation shall not be authorized to issue obligations or 
        offer obligations to the public.
            (2) Conforming amendment.--Section 9101(3) of title 31, 
        United States Code, is amended by adding at the end the 
        following:
                    ``(R) the International Clean Energy Foundation.''.
    (d) Inspector General.--
            (1) In general.--The Inspector General of the Department of 
        State shall serve as Inspector General of the Foundation, and, 
        in acting in such capacity, may conduct reviews, 
        investigations, and inspections of all aspects of the 
        operations and activities of the Foundation.
            (2) Authority of the board.--In carrying out the 
        responsibilities under this subsection, the Inspector General 
        shall report to and be under the general supervision of the 
        Board.
            (3) Reimbursement and authorization of services.--
                    (A) Reimbursement.--The Foundation shall reimburse 
                the Department of State for all expenses incurred by 
                the Inspector General in connection with the Inspector 
                General's responsibilities under this subsection.
                    (B) Authorization for services.--Of the amount 
                authorized to be appropriated under section 307(a) for 
                a fiscal year, up to $500,000 is authorized to be made 
                available to the Inspector General of the Department of 
                State to conduct reviews, investigations, and 
                inspections of operations and activities of the 
                Foundation.

SEC. 306. GENERAL PERSONNEL AUTHORITIES.

    (a) Detail of Personnel.--Upon request of the Chief Executive 
Officer, the head of an agency may detail any employee of such agency 
to the Foundation on a reimbursable basis. Any employee so detailed 
remains, for the purpose of preserving such employee's allowances, 
privileges, rights, seniority, and other benefits, an employee of the 
agency from which detailed.
    (b) Reemployment Rights.--
            (1) In general.--An employee of an agency who is serving 
        under a career or career conditional appointment (or the 
        equivalent), and who, with the consent of the head of such 
        agency, transfers to the Foundation, is entitled to be 
        reemployed in such employee's former position or a position of 
        like seniority, status, and pay in such agency, if such 
        employee--
                    (A) is separated from the Foundation for any 
                reason, other than misconduct, neglect of duty, or 
                malfeasance; and
                    (B) applies for reemployment not later than 90 days 
                after the date of separation from the Foundation.
            (2) Specific rights.--An employee who satisfies paragraph 
        (1) is entitled to be reemployed (in accordance with such 
        paragraph) within 30 days after applying for reemployment and, 
        on reemployment, is entitled to at least the rate of basic pay 
        to which such employee would have been entitled had such 
        employee never transferred.
    (c) Hiring Authority.--Of persons employed by the Foundation, no 
more than 30 persons may be appointed, compensated, or removed without 
regard to the civil service laws and regulations.
    (d) Basic Pay.--The Chief Executive Officer may fix the rate of 
basic pay of employees of the Foundation without regard to the 
provisions of chapter 51 of title 5, United States Code (relating to 
the classification of positions), subchapter III of chapter 53 of such 
title (relating to General Schedule pay rates), except that no employee 
of the Foundation may receive a rate of basic pay that exceeds the rate 
for level IV of the Executive Schedule under section 5315 of such 
title.
    (e) Definitions.--In this section--
            (1) the term ``agency'' means an executive agency, as 
        defined by section 105 of title 5, United States Code; and
            (2) the term ``detail'' means the assignment or loan of an 
        employee, without a change of position, from the agency by 
        which such employee is employed to the Foundation.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Appropriations.--To carry out this title, 
there are authorized to be appropriated $20,000,000 for each of the 
fiscal years 2008 through 2012.
    (b) Allocation of Funds.--
            (1) In general.--The Foundation may allocate or transfer to 
        any agency of the United States Government any of the funds 
        available for carrying out this title. Such funds shall be 
        available for obligation and expenditure for the purposes for 
        which the funds were authorized, in accordance with authority 
        granted in this title or under authority governing the 
        activities of the United States Government agency to which such 
        funds are allocated or transferred.
            (2) Notification.--The Foundation shall notify the 
        appropriate congressional committees not less than 15 days 
        prior to an allocation or transfer of funds pursuant to 
        paragraph (1).
                                                 Union Calendar No. 131

110th CONGRESS

  1st Session

                               H. R. 2420

                          [Report No. 110-215]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                             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