II 

110TH CONGRESS 

2D SESSION S. 3273 

To promote the international deployment of clean technology, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 16, 2008 

Mr. BIDEN (for himself, Mr. LUGAR, Mr. MENENDEZ, and Mr. HAGEL) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To promote the international deployment of clean technology, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘International Clean 

5 Development Technology Fund Act of 2008’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to promote and to leverage 

8 private financing for the development and international 

9 deployment of technologies that will contribute to sustain10 able economic growth and the stabilization of greenhouse 


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1 gas concentrations in the atmosphere at a level that would 

2 prevent dangerous anthropogenic interference with the cli3 mate system. 

4 SEC. 3. INTERNATIONAL CLEAN DEVELOPMENT TECH5 NOLOGY FUND. 

6 (a) ESTABLISHMENT.—There is established in the 

7 Treasury of the United States a fund to be known as the 

8 International Clean Development Technology Fund (in 

9 this Act referred to as the ‘‘Fund’’). 

10 (b) DEPOSITS TO FUND.—The Fund shall consist 

11 of— 

12 (1) amounts appropriated pursuant to the au13 thorization of appropriations under section 8; and 

14 (2) any amounts as are or may be appropriated, 

15 transferred, or credited to such Fund under any 

16 other provisions of law. 

17 (c) EXPENDITURES FROM FUND.—Amounts in the 

18 Fund shall be available to the International Clean Devel19 opment Technology Deployment Board established under 

20 section 4 for the purposes described under section 5, and 

21 shall remain available until expended. 

22 SEC. 4. INTERNATIONAL CLEAN DEVELOPMENT TECH23 NOLOGY BOARD. 

24 (a) ESTABLISHMENT.—Not later than 90 days after 

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


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1 establish an International Clean Development Technology 

2 Board (in this Act referred to as the ‘‘Board’’). 

3 (b) COMPOSITION.—The Board shall be composed 

4 of— 

5 (1) the Secretary of State, who shall act as the 

6 chair of the Board; 

7 (2) the Secretary of the Treasury; 

8 (3) the Secretary of Energy; 

9 (4) the Secretary of Commerce; 

10 (5) the Administrator of the Environmental 

11 Protection Agency; 

12 (6) the Administrator of the United States 

13 Agency for International Development; 

14 (7) the United States Trade Representative; 

15 and 

16 (8) other officials as determined appropriate by 

17 the President. 

18 (c) ADMINISTRATION OF INTERNATIONAL CLEAN

19 DEVELOPMENT TECHNOLOGY FUND.—The Board shall 

20 administer the International Clean Development Tech21 nology Fund ensuring that— 

22 (1) funds are deployed in a manner that best 

23 promotes the participation of, and investments by, 

24 the private sector; 


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1 (2) funds are allocated in a manner consistent 

2 with commitments by the United States under inter3 national climate change agreements; 

4 (3) funds achieve the greatest greenhouse gas 

5 emissions mitigations with the lowest possible cost, 

6 consistent with paragraphs (1) and (2); and 

7 (4) assistance is targeted at reducing or elimi8 nating the increased costs associated with deploying 

9 clean technologies in place of traditional tech10 nologies. 

11 SEC. 5. AUTHORIZATION OF ASSISTANCE. 

12 (a) ASSISTANCE.—The Board, acting through the 

13 Secretary of State, may use the Fund to provide assist14 ance under this section to qualified entities to support the 

15 purposes of this Act. 

16 (b) FORM OF ASSISTANCE.— 

17 (1) IN GENERAL.—Assistance under this section 

18 shall be provided— 

19 (A) as direct assistance in the form of 

20 grants, concessional loans, cooperative agree21 ments, contracts, insurance, or loan guarantees 

22 to or with qualified entities; 

23 (B) as indirect assistance to such entities 

24 through— 


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1 (i) funding for international clean 

2 technology funds supported by multilateral 

3 institutions; 

4 (ii) support from development and ex5 port promotion assistance programs of the 

6 United States Government; or 

7 (iii) support from international tech8 nology programs of the Department of En9 ergy; or 

10 (C) in such other forms as the Board may 

11 determine appropriate. 

12 (2) OVERSIGHT BY SECRETARY OF THE TREAS13 URY OF ASSISTANCE FOR MULTILATERAL TRUST

14 FUNDS.—In the case of assistance provided under 

15 paragraph (1)(B)(i) for a clean technology fund or 

16 similar fund that is a multilateral trust fund based 

17 at the World Bank, the Secretary of the Treasury 

18 shall use the voice, vote, and influence of the United 

19 States to promote— 

20 (A) the use of the assistance in accordance 

21 with the purposes of this Act; and 

22 (B) a requirement that no single country 

23 be eligible to receive more than 15 percent of 

24 the funds awarded by such a fund in any three 

25 year period. 


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1 (c) USE OF FUNDS.—Assistance provided under this 

2 Act may be used for one or more of the following purposes: 

3 (1) Funding for capacity building programs, in4 cluding— 

5 (A) developing and implementing meth6 odologies and programs for measuring and 

7 quantifying greenhouse gas emissions and 

8 verifying emissions mitigations; 

9 (B) assessing technology and policy options 

10 for greenhouse gas emissions mitigations; and 

11 (C) providing other forms of technical as12 sistance to facilitate the qualification for, and 

13 receipt of, program funding under this Act. 

14 (2) Funding for technology programs to miti15 gate greenhouse gas emissions in eligible countries. 

16 (d) QUALIFIED ENTITIES.—A qualified entity re17 ferred to in this section is— 

18 (1) the national government of an eligible coun19 try; 

20 (2) a regional or local governmental unit of an 

21 eligible country; or 

22 (3) a nongovernmental organization or a private 

23 entity located or operating in an eligible country. 

24 (e) SELECTION OF PROJECTS.— 


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1 (1) IN GENERAL.—The Board shall be respon2 sible for selecting qualified entities to receive assist3 ance under this section. 

4 (2) NOTICE AND WAIT REQUIREMENT.—Assist5 ance may not be provided under this section until 30 

6 days after the Board notifies the appropriate con7 gressional committees of the proposed assistance, in8 cluding— 

9 (A) in the case of a capacity building pro10 gram— 

11 (i) a description of the capacity build12 ing program to be funded through such as13 sistance; 

14 (ii) the terms and conditions of such 

15 assistance; and 

16 (iii) a description of how the capacity 

17 building program will contribute to the 

18 purposes of this Act; or 

19 (B) in the case of a technology program— 

20 (i) a description of the technology pro21 gram to be funded through such assist22 ance; 

23 (ii) the terms and conditions of such 

24 assistance; 


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1 (iii) an estimate of the additional 

2 amount of greenhouse gas emissions miti3 gations expected due to the use of such as4 sistance; and 

5 (iv) a description of how the tech6 nology program will contribute to the pur7 poses of this Act. 

8 (f) PARTICIPATION BY GOVERNMENTAL ENTITIES.— 

9 In providing assistance under this Act to a national gov10 ernment or to a regional or local governmental unit, the 

11 Board should require as a condition of the assistance that 

12 such governmental entity make appropriate financial con13 tributions to the budget of the project being funded, and 

14 that the project be part of an overall national, regional, 

15 or local strategy for the deployment of clean technology. 

16 SEC. 6. ELIGIBLE COUNTRIES. 

17 (a) DETERMINATION BY THE PRESIDENT.—The 

18 Board shall determine whether a country is eligible for 

19 technology program assistance under this Act based on the 

20 criteria in subsection (b). 

21 (b) CRITERIA.—A country shall be considered to be 

22 eligible for purposes of this Act if— 

23 (1) the country is eligible to receive official de24 velopment assistance according to the guidelines of 

25 the Development Assistance Committee of the OrgaVerDate Aug 31 2005 02:26 Jul 17, 2008 Jkt 069200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3273.IS S3273

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1 nization for Economic Co-operation and Develop2 ment; and 

3 (2)(A) the country has made a binding commit4 ment, pursuant to an international agreement to 

5 which the United States is a party, to undertake ac6 tions to produce measurable, reportable, and 

7 verifiable greenhouse gas emissions mitigations; or 

8 (B) the Board determines and certifies to the 

9 appropriate congressional committees that the coun10 try has in force binding national policies and meas11 ures capable of producing measurable, reportable, 

12 and verifiable greenhouse gas emissions mitigations. 

13 (c) REPORT.—Not later than 270 days after the date 

14 of the enactment of this Act, the Board shall submit to 

15 the appropriate congressional committees a report out16 lining the criteria to be used to determine whether a coun17 try is eligible for assistance under this Act pursuant to 

18 subsection (b)(2)(B). 

19 SEC. 7. ANNUAL REPORT. 

20 (a) IN GENERAL.—Not later than one year after the 

21 date of the enactment of this Act, and annually thereafter, 

22 the Board shall submit to the appropriate congressional 

23 committees a report on assistance provided under this Act. 


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1 (b) CONTENT.—Each report submitted under sub2 section (a) shall include a description of assistance pro3 vided during the reporting period, including— 

4 (1) the aggregate amount of assistance provided 

5 for capacity building initiatives and technology de6 ployment initiatives; and 

7 (2) a description of each initiative funded 

8 through such assistance, including the amount of as9 sistance provided, the terms and conditions of such 

10 assistance, and the anticipated reductions in green11 house gas emissions to be achieved as a result of 

12 technology deployment initiatives. 

13 (c) PERFORMANCE EVALUATIONS OF SUPPORTED

14 MULTILATERAL TRUST FUNDS.—The reports submitted 

15 under subsection (a) shall provide for the independent 

16 evaluation, not less frequently than once every three years, 

17 of the performance of each international clean technology 

18 fund provided assistance pursuant to section 

19 5(b)(1)(B)(i). 

20 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

21 There is authorized to be appropriated a total of 

22 $2,000,000,000 for fiscal years 2009 through 2011 to 

23 carry out this Act. 


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1 SEC. 9. APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED. 

3 In this Act, the term ‘‘appropriate congressional com4 mittees’’ means— 

5 (1) the Committee on Foreign Relations, the 

6 Committee on Finance, the Committee on Energy 

7 and Natural Resources, the Committee on Environ8 ment and Public Works, and the Committee on Ap9 propriations of the Senate; and 

10 (2) the Committee on Foreign Affairs, the 

11 Committee on Ways and Means, the Committee on 

12 Energy and Commerce, the Committee on Natural 

13 Resources, the Committee on Financial Services, and 

14 the Committee on Appropriations of the House of 

15 Representatives. 

16 SEC. 10. CONSTRUCTION; AUTHORITIES OF THE SEC17 RETARY OF STATE. 

18 Nothing in this Act shall be construed to alter or af19 fect authorities of the Secretary of State under— 

20 (1) title V of the Foreign Relations Authoriza21 tion Act, Fiscal Year 1979 (Public Law 95–426; 22 

22 U.S.C. 2656a et seq.); or 

23 (2) section 622(c) of the Foreign Assistance 

24 Act of 1961 (22 U.S.C. 2382(c)). 

Æ 


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