II 

111TH CONGRESS 

1ST SESSION S. 2835 

To reduce global warming pollution through international climate finance, 

investment, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 3, 2009 

Mr. KERRY (for himself, Mr. CARDIN, Mr. KAUFMAN, Mrs. GILLIBRAND, and 

Mr. MENENDEZ) introduced the following bill; which was read twice and 

referred to the Committee on Foreign Relations 

A BILL 

To reduce global warming pollution through international 

climate finance, investment, 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; TABLE OF CONTENTS. 

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

5 ‘‘International Climate Change Investment Act of 2009’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and statement of policy. 

Sec. 3. Definitions. 

Sec. 4. Strategic Interagency Board on International Climate Investment. 


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TITLE I—EMISSIONS REDUCTIONS FROM REDUCED 

DEFORESTATION 

Sec. 101. Definitions. 

Sec. 102. Purposes. 

Sec. 103. Emissions reductions through reduced deforestation. 

Sec. 104. Requirements for international deforestation reduction program. 

Sec. 105. Legal effect. 

TITLE II—ASSISTANCE FOR CLEAN TECHNOLOGY ACTIVITIES 

Sec. 201. Definitions. 

Sec. 202. Purposes. 

Sec. 203. Assistance for clean energy technology activities. 

Sec. 204. Determination of eligible countries. 

Sec. 205. Determination of qualifying activities. 

Sec. 206. Distribution and administration of assistance. 

TITLE III—INTERNATIONAL CLIMATE CHANGE ADAPTATION AND 

GLOBAL SECURITY PROGRAM 

Sec. 301. Definitions. 

Sec. 302. Purposes. 

Sec. 303. International Climate Change Adaptation and Global Security Program. 

Sec. 304. Distribution of assistance. 

Sec. 305. Bilateral assistance. 

TITLE IV—EVALUATION AND REPORTS 

Sec. 401. Monitoring, evaluation, and enforcement. 

Sec. 402. Reports and review. 

TITLE V—REPORT ON MAJOR ECONOMIES CLIMATE ACTIONS 

Sec. 501. Report. 

1 SEC. 2. FINDINGS AND STATEMENT OF POLICY. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) According to the G8 Summit text from 

5 L’Aquila, Italy on Climate and Energy ‘‘global emis6 sions should peak by 2020 and then be substantially 

7 reduced to limit the average increase in global tem8 perature to two degrees Celsius (3.6 Fahrenheit) 

9 above pre-industrial levels.’’. 


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1 (2) An unclassified report by the National In2 telligence Council entitled, Global Trends 2025: A 

3 Transformed World, finds that by 2025 ‘‘unprece4 dented economic growth, coupled with 1.5 billion 

5 more people, will put pressure on resources—par6 ticularly energy, food, and water—raising the spec7 ter of scarcities emerging as demand outstrips sup8 ply.’’. 

9 (3) According to the 2009 Energy Information 

10 Administration Annual Energy Outlook, in 2030, 

11 countries that are not in the Organization for Eco12 nomic Cooperation and Development (OECD) are 

13 predicted to exceed greenhouse gas emissions from 

14 OECD countries by 77 percent. 

15 (4) Under article 4 of the United Nations 

16 Framework Convention on Climate Change, devel17 oped country parties, including the United States, 

18 committed to— 

19 (A) ‘‘assist the developing country Parties 

20 that are particularly vulnerable to the adverse 

21 effects of climate change in meeting costs of ad22 aptation to those adverse effects’’; and 

23 (B) ‘‘take all practicable steps to promote, 

24 facilitate and finance, as appropriate, the trans25 fer of, or access to, environmentally sound techVerDate Nov 24 2008 02:51 Dec 04, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2835.IS S2835

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1 nologies and know-how to other Parties, par2 ticularly developing country Parties, to enable 

3 them to implement the provisions of the Con4 vention.’’. 

5 (5) Under the Bali Action Plan (decision 1/ 

6 CP.13), developed country parties to the United Na7 tions Framework Convention on Climate Change, in8 cluding the United States, committed to ‘‘enhanced 

9 action on the provision of financial resources and in10 vestment to support action on mitigation and adap11 tation and technology cooperation, including, inter 

12 alia, consideration of [i]mproved access to adequate, 

13 predictable and sustainable financial resources and 

14 financial and technical support, and the provision of 

15 new and additional resources, including official and 

16 concessional funding for developing country Par17 ties’’. 

18 (6) According to the International Organization 

19 for Migration, there could be up to 200,000,000 en20 vironmentally induced migrants by 2050. 

21 (7) Deforestation is one of the largest sources 

22 of greenhouse gas emissions in developing countries, 

23 accounting for about 15 percent of global emissions. 

24 According to recent scientific analysis, it will be sub25 stantially more difficult to limit the increase in globVerDate Nov 24 2008 02:51 Dec 04, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2835.IS S2835

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1 al temperatures to less than 2 degrees Celcius above 

2 preindustrial levels if net emissions from deforest3 ation are not reduced and ultimately halted. 

4 (8) Although developing countries are histori5 cally least responsible for the cumulative greenhouse 

6 gas emissions that are causing climate change and 

7 continue to have very low per capita greenhouse gas 

8 emissions, the greenhouse gas emissions from these 

9 countries are increasing as developing countries seek 

10 to grow their economies and reduce the energy pov11 erty of their populations. 

12 (9) The countries most vulnerable to climate 

13 change, due both to greater exposure to harmful im14 pacts and to lower capacity to adapt, are developing 

15 countries with very low industrial greenhouse gas 

16 emissions that have contributed less to climate 

17 change than more affluent countries. 

18 (10) Developing countries rely on the natural 

19 ecosystems likely to be affected by climate change 

20 for sustenance, livelihoods, and economic growth and 

21 stability to a much greater degree than developed 

22 countries. 

23 (11) There may be varying climate change ad24 aptation and resilience needs within developing coun25 tries among different communities and populations, 


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1 including impoverished communities, children, 

2 women, and indigenous peoples. 

3 (12) Many developing countries will face sharp4 ly decreasing yields from agriculture production be5 cause of climate change, which will— 

6 (A) undermine food security in such coun7 tries; and 

8 (B) necessitate— 

9 (i) substantial additional support for 

10 agricultural development and emergency 

11 response to food insecurity; and 

12 (ii) major shifts in production tech13 niques to raise yields through low-input, 

14 sustainable, and biodiverse methods. 

15 (13) Women around the world, who are the 

16 linchpin of families and communities, will dispropor17 tionately face the harmful effects of climate change, 

18 particularly in developing countries where women as19 sume the increased responsibility of providing food, 

20 water, fuel and other resources for their families. 

21 (b) STATEMENT OF POLICY.—It is the policy of the 

22 United States to— 

23 (1) recognize that global climate change— 

24 (A) is a potentially significant national and 

25 global security threat multiplier; 


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1 (B) is likely to exacerbate competition and 

2 conflict over agricultural, vegetative, marine, 

3 and water resources; and 

4 (C) will likely result in increased displace5 ment of people, poverty, and hunger within de6 veloping countries; 

7 (2) protect Americans from the impacts of cli8 mate change through global reductions in green9 house gas emissions; 

10 (3) address the strategic, social, political, eco11 nomic, cultural, and environmental consequences of 

12 global climate change that are likely to have dis13 proportionate adverse impacts on developing coun14 tries, which— 

15 (A) have less economic capacity to respond 

16 to such impacts; and 

17 (B) are likely to pose long-term challenges 

18 to the national security, foreign policy, and eco19 nomic interests of the United States; 

20 (4) recognize the significant contributions of 

21 women in their communities and secure their in22 volvement as primary stakeholders; 

23 (5) take measures to address emissions from, 

24 and drivers of, deforestation as part of a global ef25 fort to mitigate climate change; 


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1 (6) recognize that it is in the national interest 

2 of the United States to assist developing countries to 

3 reduce and ultimately halt emissions from deforest4 ation in a manner consistent with preserving the 

5 rights and securing the involvement of indigenous 

6 peoples and forest-dependent communities, since— 

7 (A) as primary stakeholders, indigenous 

8 peoples and forest-dependent communities are 

9 critical partners in efforts to reduce deforest10 ation and degradation; and 

11 (B) the participation and buy-in regarding 

12 related activities of such peoples and commu13 nities is vital to the success, sustainability, and 

14 permanence of emission reductions; 

15 (7) support the export deployment of clean en16 ergy technologies through bilateral and multilateral 

17 financing mechanisms, since— 

18 (A) many developing countries lack the fi19 nancial and technical resources to adopt clean 

20 energy technologies; 

21 (B) absent international support, the 

22 greenhouse gas emissions of such countries 

23 could continue to increase; 

24 (C) investments in, and the deployment of, 

25 clean technology in developing countries could— 


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1 (i) be cost-effective; 

2 (ii) enhance economic opportunities 

3 for the United States; 

4 (iii) increase the demand for clean en5 ergy products; 

6 (iv) lower costs; and 

7 (v) result in global greenhouse gas 

8 emissions reductions; 

9 (D) intellectual property rights are a key 

10 driver of investment and research and develop11 ment in, and the global deployment of, clean 

12 technologies; and 

13 (E) coordinated financial assistance from 

14 the United States could help catalyze and assist 

15 developing countries to adopt low-carbon and 

16 development pathways; 

17 (8) provide assistance to developing countries 

18 with varying climate change adaptation and resil19 ience needs among different communities and popu20 lations, including impoverished communities, chil21 dren, women, and indigenous peoples, since— 

22 (A) countries most vulnerable to climate 

23 change, due to greater exposure to harmful im24 pacts and lower capacity to adapt, are devel25 oping countries with very low industrial greenVerDate Nov 24 2008 02:51 Dec 04, 2009 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2835.IS S2835

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1 house gas emissions that have contributed less 

2 to climate change than more affluent countries; 

3 (B) to a much greater degree than devel4 oped countries, developing countries rely on the 

5 natural ecosystems likely to be affected by cli6 mate change for sustenance, livelihoods, and 

7 economic growth and stability; and 

8 (C) many developing countries will face 

9 sharply decreasing yields from agriculture pro10 duction because of climate change, which will— 

11 (i) undermine food security; 

12 (ii) necessitate substantial additional 

13 support for agricultural development and 

14 emergency response to food insecurity; and 

15 (iii) necessitate major shifts in pro16 duction techniques to raise yields through 

17 low-input, sustainable, and biodiverse 

18 methods; 

19 (9) provide predictable, stable, and sufficient fi20 nancing to— 

21 (A) support global climate change goals; 

22 and 

23 (B) leverage private financing mechanisms; 


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1 (10) engage in bilateral and multilateral ap2 proaches to make progress towards securing global 

3 participation and action to— 

4 (A) mitigate greenhouse gas emissions; 

5 (B) adapt to the impacts of climate 

6 change, including enhanced agricultural produc7 tivity and soil resilience; 

8 (C) reduce emissions from deforestation 

9 and forest degradation; and 

10 (D) provide the necessary financing to ac11 complish these objectives; and 

12 (11) recognize the strengths of the United Na13 tions Framework Convention on Climate Change as 

14 a primary forum for agreement on global climate 

15 change. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) ADMINISTRATOR.—Except as otherwise ex19 pressly provided, the term ‘‘Administrator’’ means 

20 the Administrator of the United States Agency for 

21 International Development. 

22 (2) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means— 


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1 (A) the Committee on Foreign Relations of 

2 the Senate; 

3 (B) the Committee on Energy and Natural 

4 Resources of the Senate; 

5 (C) the Committee on Environment and 

6 Public Works of the Senate; 

7 (D) the Committee on Foreign Affairs of 

8 the House of Representatives; 

9 (E) the Committee on Energy and Com10 merce of the House of Representatives; and 

11 (F) the Committee on Financial Services 

12 of the House of Representatives. 

13 (3) DEVELOPING COUNTRY.—The term ‘‘devel14 oping country’’ means a country eligible to receive 

15 official development assistance according to the in16 come guidelines of the Development Assistance Com17 mittee of the Organization for Economic Coopera18 tion and Development. 

19 SEC. 4. STRATEGIC INTERAGENCY BOARD ON INTER20 NATIONAL CLIMATE INVESTMENT. 

21 (a) ESTABLISHMENT.— 

22 (1) IN GENERAL.—Not later than 90 days after 

23 the date of the enactment of this Act, the President 

24 shall establish the ‘‘Strategic Interagency Board on 


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1 International Climate Investment’’ (referred to in 

2 this section as the ‘‘Board’’). 

3 (2) MEMBERSHIP.—The Board shall be com4 posed of— 

5 (A) the Secretary of State, who shall serve 

6 as chairperson of the Board; 

7 (B) the Administrator of the United States 

8 Agency for International Development; 

9 (C) the Secretary of Energy; 

10 (D) the Secretary of the Treasury; 

11 (E) the Secretary of Commerce; 

12 (F) the Administrator of the Environ13 mental Protection Agency; 

14 (G) the Secretary of Agriculture; and 

15 (H) any other Federal agency head or ex16 ecutive branch appointee designated by the 

17 President. 

18 (3) MEETINGS.—Beginning not later than 90 

19 days after the date of the enactment of this Act, 

20 members of the Board or their designees shall meet 

21 not less frequently than quarterly on a schedule to 

22 be agreed upon by the members of the Board. 

23 (b) DUTIES.— 

24 (1) IN GENERAL.—The Board shall assess, 

25 monitor, and evaluate the progress and contributions 


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1 of relevant departments and agencies of the United 

2 States Government in supporting funding for inter3 national climate change activities and efforts and the 

4 goals and objectives on the United Nations Frame5 work Convention on Climate Change and the Bali 

6 Action Plan, by— 

7 (A) identifying, evaluating, and assessing 

8 programs, activities, and contributions that con9 tribute to the mitigation of greenhouse gas 

10 emissions, adaptation, clean energy technology 

11 deployment, and the prevention of deforestation 

12 and forest degradation, including the programs 

13 established under this Act; 

14 (B) assessing the effectiveness of programs 

15 and strategies toward achieving sustainable, 

16 predictable, and additional climate financing; 

17 (C) assessing the level of input and coordi18 nation among relevant departments and agen19 cies of the United States Government, the 

20 international community, international organi21 zations, nongovernmental organizations (includ22 ing faith-based and private sector organiza23 tions), academic institutions, host country gov24 ernments, local communities, and primary 

25 stakeholders; 


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1 (D) identifying and summarizing the 

2 progress of the United States in bilateral and 

3 multilateral efforts toward— 

4 (i) achieving greenhouse gas mitiga5 tion; 

6 (ii) supporting adaptation to climate 

7 change in developing countries; 

8 (iii) promoting clean energy tech9 nology deployment; and 

10 (iv) promoting sustainable, predict11 able, and additional financial support to 

12 meet the purposes described in clauses (i) 

13 through (iii); and 

14 (E) preparing and compiling the reports 

15 and reviews described in section 402. 

16 (c) CONSULTATION.—To the maximum extent prac17 ticable, the Board shall consult with individuals with ex18 pertise in the matters to be considered by the Board who 

19 are not officers or employees of the United States Govern20 ment, including representatives of— 

21 (1) United States-based nongovernmental orga22 nizations (including faith-based organizations and 

23 private foundations); 

24 (2) academic institutions; 

25 (3) the private sector; and 


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1 (4) the United Nations Framework Convention 

2 on Climate Change Secretariat. 

3 TITLE I—EMISSIONS REDUC4 TIONS FROM REDUCED DE5 FORESTATION 

6 SEC. 101. DEFINITIONS. 

7 In this title: 

8 (1) DEFORESTATION.—The term ‘‘deforest9 ation’’ means a change in land use from a forest to 

10 any other land use. 

11 (2) EMISSIONS REDUCTIONS.—The term ‘‘emis12 sions reductions’’ means greenhouse gas emissions 

13 reductions achieved from reduced or avoided defor14 estation under this title. 

15 (3) FOREST.—The term ‘‘forest’’— 

16 (A) means a terrestrial ecosystem com17 prised of native tree species generated and 

18 maintained primarily through natural ecological 

19 and evolutionary processes; and 

20 (B) does not include plantations, such as 

21 crops of trees planted primarily by humans for 

22 the purposes of harvesting. 

23 (4) FOREST DEGRADATION.—The term ‘‘forest 

24 degradation’’ is any reduction in the carbon stock of 


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1 a forest due to the impact of human land-use activi2 ties. 

3 (5) INTACT FOREST.—The term ‘‘intact forest’’ 

4 means an unbroken expanse of natural ecosystems 

5 within the current global extent of forest cover 

6 that— 

7 (A) covers an area of at least 500 square 

8 kilometers and is at least 10 kilometers in each 

9 direction; and 

10 (B) contains forest and non-forest eco11 systems minimally influenced by human eco12 nomic activity and large enough that all native 

13 biodiversity, including viable populations of 

14 wide-ranging species, could be maintained. 

15 (6) LEAKAGE PREVENTION ACTIVITIES.—The 

16 term ‘‘leakage prevention activities’’ means activities 

17 in developing countries that are directed at pre18 serving existing forest carbon stocks, including for19 ested wetlands and peatlands, that might, absent 

20 such activities, be lost through leakage. 

21 (7) NATIONAL DEFORESTATION REDUCTION AC22 TIVITIES.—The term ‘‘national deforestation reduc23 tion activities’’ means activities in developing coun24 tries that reduce a quantity of greenhouse gas emis25 sions from deforestation that is calculated by measVerDate Nov 24 2008 02:51 Dec 04, 2009 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S2835.IS S2835

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1 uring actual emissions against a national deforest2 ation baseline established pursuant to paragraphs 

3 (1) and (2) of section 104(d). 

4 (8) SUBNATIONAL DEFORESTATION AND FOR5 EST DEGRADATION REDUCTION ACTIVITIES.—The 

6 term ‘‘subnational deforestation and forest degrada7 tion reduction activities’’ means activities in devel8 oping countries that reduce a quantity of greenhouse 

9 gas emissions from deforestation and forest degrada10 tion that are calculated by measuring actual emis11 sions using an appropriate baseline, or an alternative 

12 determined under section 104(d)(2)(B), established 

13 by the Administrator that is less than national in 

14 scope. 

15 SEC. 102. PURPOSES. 

16 The purposes of this title are to provide United 

17 States assistance to developing countries— 

18 (1) to develop, implement, and improve— 

19 (A) nationally appropriate greenhouse gas 

20 mitigation policies; and 

21 (B) actions that reduce deforestation and 

22 forest degradation or conserve or restore forest 

23 ecosystems, in a measurable, reportable, and 

24 verifiable manner; 


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1 (2) in a manner that is consistent with, and en2 hances the implementation of, complementary 

3 United States policies that support the good govern4 ance of forests, biodiversity conservation, and envi5 ronmentally sustainable development; and 

6 (3) after taking into consideration the views 

7 and participation of local communities, most vulner8 able populations and communities, particularly for9 est-dependent communities, and indigenous peoples. 

10 SEC. 103. EMISSIONS REDUCTIONS THROUGH REDUCED DE11 FORESTATION. 

12 (a) AUTHORIZATION.—Not later than 2 years after 

13 the date of the enactment of this Act, the Administrator, 

14 in consultation with the Administrator of the Environ15 mental Protection Agency, the Secretary of Agriculture, 

16 and the head of any other appropriate agency, shall estab17 lish a program to provide assistance to reduce greenhouse 

18 gas emissions from deforestation in developing countries, 

19 in accordance with this title. 

20 (b) OBJECTIVES.—The objectives of the program es21 tablished under this section shall be to— 

22 (1) achieve emissions reductions of at least 

23 720,000,000 tons of carbon dioxide equivalent in 

24 2020, a cumulative amount of at least 

25 6,000,000,000 tons of carbon dioxide equivalent by 


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1 December 31, 2025, and additional emissions reduc2 tions in subsequent years; 

3 (2) build capacity to reduce deforestation at a 

4 national level in developing countries experiencing 

5 deforestation, including preparing developing coun6 tries to participate in international markets for 

7 international offset credits for reduced emissions 

8 from deforestation; 

9 (3) preserve existing forest carbon stocks in 

10 countries where such forest carbon may be vulner11 able to international leakage, particularly in devel12 oping countries with largely intact native forests; 

13 (4) build the scientific knowledge and institu14 tional capacity to help developing countries— 

15 (A) monitor the effects of climate change 

16 on their forests; 

17 (B) develop and implement strategies to 

18 conserve their forests; and 

19 (C) support forest dependent communities 

20 adapt to climate change; and 

21 (5) to the extent practicable, reduce deforest22 ation in ways that reduce the vulnerability and in23 crease the resilience to climate impacts for forests 

24 and forest dependent communities. 


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1 SEC. 104. REQUIREMENTS FOR INTERNATIONAL DEFOR2 ESTATION REDUCTION PROGRAM. 

3 (a) ELIGIBLE COUNTRIES.— 

4 (1) IN GENERAL.—Except as provided under 

5 paragraph (2), the Administrator may provide as6 sistance under this title— 

7 (A) to support programs that would ex8 clude from the United States illegally harvested 

9 timber or products made from illegally har10 vested timber, in accordance with and con11 sistent with the objectives of the Lacey Act 

12 Amendments of 2008 (16 U.S.C. 3371 et seq.); 

13 and 

14 (B) only with respect to a developing coun15 try that— 

16 (i) the Administrator determines is 

17 experiencing deforestation or forest deg18 radation or has standing forest carbon 

19 stocks that may be at risk of deforestation 

20 or degradation; 

21 (ii) the Administrator, in consultation 

22 with the Administrator of the Environ23 mental Protection Agency, determines has 

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1 pendent communities are protected in ac2 cordance with the standards promulgated 

3 under subsection (d); and 

4 (iii) has entered into a bilateral or 

5 multilateral agreement or arrangement 

6 with the United States, or is part of an 

7 international program supported by the 

8 United States to prevent deforestation, es9 tablishing the conditions of its participa10 tion in the program established under this 

11 title, which shall include an agreement to 

12 meet the standards established under sub13 section (d) for the activities to which such 

14 standards apply. 

15 (2) EXCEPTION.—A developing country that 

16 does not meet the requirement described in para17 graph (1)(B)(ii) may receive assistance under this 

18 title for the purpose of building capacity to meet 

19 such requirement. 

20 (b) AUTHORIZED ACTIVITIES.—Subject to the re21 quirements of this title, the Administrator may support 

22 activities to achieve the objectives identified in section 

23 103(b), including activities such as— 

24 (1) national deforestation reduction activities; 


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1 (2) subnational deforestation and forest deg2 radation reduction activities, including pilot activi3 ties, policies, and measures that reduce greenhouse 

4 gas emissions and are subject to significant uncer5 tainty; 

6 (3) activities to measure, monitor, and verify 

7 deforestation, avoided deforestation, and rates of de8 forestation, including, if applicable, a spatially ex9 plicit land use plan that identifies intact and pri10 mary forest areas and managed forest areas; 

11 (4) leakage prevention activities; 

12 (5) the development and implementation of 

13 measurement, monitoring, reporting, and verification 

14 capacities and governance structures, including legal 

15 regimes, standards, processes, and safeguards, as es16 tablished under subsection (d), to enable a country 

17 to quantify emissions reductions and participate in 

18 carbon markets; 

19 (6) the identification of, and actions to address, 

20 the drivers of land use emissions; 

21 (7) the development and strengthening of gov22 ernance capacities to reduce deforestation and other 

23 land use emissions and to combat illegal logging and 

24 associated trade, including the development of sys25 tems for independent monitoring of the efficacy of 


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1 forest law enforcement and increased enforcement 

2 cooperation, including joint efforts with Federal 

3 agencies, to enforce the Lacey Act Amendments of 

4 1981 (16 U.S.C. 3371 et seq.); 

5 (8) the provision of incentives for policy reforms 

6 to achieve the objectives identified in section 103(b); 

7 (9) the development of pilot projects to— 

8 (A) examine where mitigation and adapta9 tion activities in forest ecosystems coincide; and 

10 (B) explore means for enhancing the resil11 ience of forest ecosystems and forest-dependent 

12 communities; 

13 (10) the promotion of mechanisms to deliver re14 sources for local action and to address the needs, in15 terests, and participation of local and indigenous 

16 communities; and 

17 (11) monitoring and evaluation of the results of 

18 the activities conducted under this section. 

19 (c) MECHANISMS.—The Administrator shall apply 

20 the administrative authorities under the Foreign Assist21 ance Act of 1961 (22 U.S.C. 2151 et seq.), except to the 

22 extent inconsistent with the provisions of this title, to the 

23 same extent and in the same manner as such authorities 

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1 ties to achieve the objectives identified in section 103(b) 

2 by— 

3 (1) developing and implementing programs and 

4 projects that achieve such objectives; 

5 (2) to the extent practicable, giving priority in 

6 the review process to activities under subsection 

7 (b)(1); and 

8 (3) as appropriate, considering multi-year fund9 ing arrangements in carrying out the purposes of 

10 this title. 

11 (d) STANDARDS.—The Administrator shall establish 

12 program criteria that— 

13 (1) ensure that emissions reductions achieved 

14 through supported activities— 

15 (A) are additional, measurable, verifiable, 

16 and monitored; and 

17 (B) account for leakage, uncertainty, and 

18 permanence; 

19 (2) require— 

20 (A) the establishment of a national defor21 estation baseline for each country with national 

22 deforestation reduction activities that is used to 

23 account for reductions achieved from such ac24 tivities; or 


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1 (B) if a developing country has taken poli2 cies and measures to reduce emissions from de3 forestation or forest degradation, but has not 

4 established a national baseline, the provision of 

5 a credible, transparent, accurate, and conserv6 ative alternative for quantifying emissions; 

7 (3) provide that each national deforestation 

8 baseline established under paragraph (2)(A)— 

9 (A) is national in scope; 

10 (B) is consistent with nationally appro11 priate mitigation commitments or actions with 

12 respect to deforestation, taking into consider13 ation— 

14 (i) the average annual historical defor15 estation rates of the country during a pe16 riod of at least 5 years; 

17 (ii) the applicable drivers of deforest18 ation; and 

19 (iii) other factors to ensure 

20 additionality; 

21 (C) establishes a trajectory that would re22 sult in zero net deforestation by not later than 

23 20 years after the date on which the baseline is 

24 established; 


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1 (D) is adjusted over time to take account 

2 of changing national circumstances; and 

3 (E) is designed to account for all signifi4 cant sources of greenhouse gas emissions from 

5 deforestation in the country; 

6 (4) with respect to support provided pursuant 

7 to paragraph (1) or (2) of subsection (b), require 

8 emissions reductions to be achieved and verified be9 fore the provision of any support under this title; 

10 (5) with respect to accounting for subnational 

11 deforestation reduction activities that lack the stand12 ardized or precise measurement and monitoring 

13 techniques needed for a full accounting of changes 

14 in emissions or baselines, or are subject to other 

15 sources of uncertainty, apply a conservative discount 

16 factor to reflect the uncertainty regarding the levels 

17 of reductions achieved; 

18 (6) ensure that activities under this title are de19 signed, carried out, and managed— 

20 (A) using forest management practices 

21 that— 

22 (i) improve the livelihoods of forest 

23 communities; 


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1 (ii) maintain natural biodiversity, re2 silience, and carbon storage capacity of 

3 forests; and 

4 (iii) to the extent practicable, do not 

5 adversely impact the permanence of forest 

6 carbon stocks or emissions reductions; 

7 (B) in a way that promotes the mainte8 nance of intact forests, protects associated bio9 diversity, and restores native forest species and 

10 ecosystems; 

11 (C) to avoid the introduction of invasive 

12 nonnative species; 

13 (D) in an open and transparent process, 

14 which— 

15 (i) includes broad stakeholder partici16 pation; and 

17 (ii) takes into account the needs and 

18 interests of local communities, forest-de19 pendent communities, indigenous peoples, 

20 and vulnerable social groups; 

21 (E) with consultations with, and full and 

22 effective participation of, local communities, in23 digenous peoples, and forest-dependent commu24 nities in affected areas, as partners and pri25 mary stakeholders, before and during the deVerDate Nov 24 2008 02:51 Dec 04, 2009 Jkt 089200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2835.IS S2835

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1 sign, planning, implementation, and monitoring 

2 and evaluation of activities; and 

3 (F) with equitable sharing of profits and 

4 benefits derived from the activities with local 

5 communities, indigenous peoples, and forest-de6 pendent communities; and 

7 (7) with respect to support for all activities 

8 under this title, seek to ensure the establishment 

9 and enforcement of legal regimes, standards, proc10 esses, and safeguards by the country in which the 

11 activities occur, as a condition of such support or as 

12 a proposed activity to be supported, which— 

13 (A) protect the rights and interests of local 

14 communities, indigenous peoples, forest-depend15 ent communities, and vulnerable social groups; 

16 (B) promote consultations with local com17 munities, indigenous peoples, and forest-de18 pendent communities in affected areas, as part19 ners and primary stakeholders, before and dur20 ing the design, planning, implementation, moni21 toring, and evaluation of activities under this 

22 title; and 

23 (C) ensure equitable sharing of profits and 

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1 nities, indigenous peoples, and forest-dependent 

2 communities. 

3 (e) SCOPE.— 

4 (1) REDUCED EMISSIONS FROM FOREST DEG5 RADATION.—The Administrator shall include re6 duced emissions from forest degradation within the 

7 scope of activities under this title. 

8 (2) CONSIDERATIONS.—If the Administrator 

9 determines, in consultation with the Administrator 

10 of the Environmental Protection Agency, that suffi11 cient methodologies and technical capacities exist to 

12 measure, monitor, and account for the emissions re13 ferred to in paragraph (1), the Administrator may 

14 expand the eligible activities under this title, as ap15 propriate, to include reduced soil carbon-derived 

16 emissions associated with deforestation and degrada17 tion of forested wetlands and peatlands, or other 

18 land use types, consistent with a comprehensive ap19 proach to maintaining and enhancing forests, in20 creasing climate resiliency, reducing emissions, and 

21 increasing removals of greenhouse gases. 

22 (f) ACCOUNTING.—The Administrator shall establish 

23 a publicly accessible registry of the emissions reductions 

24 achieved through support provided under this title each 

25 year, after appropriately discounting for uncertainty and 


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1 other relevant factors as required by the standards estab2 lished under subsection (d). 

3 (g) INTERNATIONAL DEFORESTATION REDUCTION

4 PROGRAM INSURANCE ACCOUNT FOR NONCOMPLETION

5 OR REVERSAL.—In furtherance of the objective described 

6 in section 103(b)(1), the Administrator shall develop and 

7 implement a program that— 

8 (1) addresses noncompletion or reversal with re9 spect to any greenhouse gas emissions that were not, 

10 or are no longer, sequestered; and 

11 (2) may include a mechanism to hold in reserve 

12 a portion of the amount allocated for projects to 

13 support this program. 

14 (h) TRANSITION TO NATIONAL REDUCTIONS.— 

15 (1) IN GENERAL.—Beginning 8 years after the 

16 date on which a country entered into the agreement 

17 or arrangement required under subsection 

18 (a)(1)(B)(iii), the Administrator shall determine, 

19 based on the criteria described in paragraph (2), 

20 whether assistance should be provided to such coun21 try under this title for any subnational deforestation 

22 reduction activities. 

23 (2) EXTENSION OF SUPPORT AUTHORIZA24 TION.—The Administrator may extend, for an addi25 tional 5 years, the period during which assistance is 


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1 authorized for a country under this title, if the Ad2 ministrator determines that— 

3 (A) the country is making substantial 

4 progress towards adopting and implementing a 

5 program to achieve reductions in deforestation 

6 measured against a national baseline; 

7 (B) the greenhouse gas emissions reduc8 tions achieved are not resulting in significant 

9 leakage; and 

10 (C) the greenhouse gas emissions reduc11 tions achieved are being appropriately dis12 counted to account for any leakage that is oc13 curring. 

14 (3) ACTIVITIES WARRANTING CONTINUED AS15 SISTANCE.—Notwithstanding paragraph (1), the Ad16 ministrator may provide assistance for activities to 

17 further the objectives listed in paragraph (2) or (3) 

18 of section 103(b) beyond the 8-year period described 

19 in paragraph (1). 

20 (i) COORDINATION WITH FOREIGN ASSISTANCE.— 

21 Subject to the direction of the President, the Adminis22 trator shall, to the extent practicable and consistent with 

23 the objectives of this program, seek to align activities 

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1 viation, or natural resource management objectives and 

2 initiatives in the recipient country. 

3 (j) SUPPORT AS SUPPLEMENT.—The provision of as4 sistance for activities under this title shall be used to sup5 plement, and not to supplant, any other Federal, State, 

6 or local support available to carry out such qualifying ac7 tivities under this title. 

8 (k) FUNDING LIMITATION.—Of the funds made 

9 available to carry out this section in any fiscal year, not 

10 more than 7 percent may be used for the administrative 

11 expenses of the United States Agency for International 

12 Development in support of activities described in sub13 section (b). Such amount shall be in addition to other 

14 amounts otherwise available for such purposes. 

15 SEC. 105. LEGAL EFFECT. 

16 (1) IN GENERAL.—Nothing in this title may be 

17 construed to supersede, limit, or otherwise affect any 

18 restriction imposed by Federal law or regulation on 

19 any interaction between an entity located in the 

20 United States and an entity located in a foreign 

21 country. 

22 (2) ROLE OF THE SECRETARY OF STATE.— 

23 Nothing in this title may be construed to affect the 

24 role of the Secretary of State or the responsibilities 


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1 of the Secretary under section 622(c) of the Foreign 

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

3 TITLE II—ASSISTANCE FOR 

4 CLEAN TECHNOLOGY ACTIVI5 TIES 

6 SEC. 201. DEFINITIONS. 

7 In this title: 

8 (1) CONVENTION.—The term ‘‘Convention’’ 

9 means the United Nations Framework Convention 

10 on Climate Change, done at New York on May 9, 

11 1992, and entered into force on March 21, 1994. 

12 (2) ELIGIBLE COUNTRY.—The term ‘‘eligible 

13 country’’ means a developing country that the inter14 agency group has determined to be an eligible coun15 try under section 204. 

16 (3) INTERAGENCY GROUP.—The term ‘‘inter17 agency group’’ means the group established by the 

18 President under section 203(b). 

19 (4) LEAST DEVELOPED COUNTRY.—The term 

20 ‘‘least developed country’’ means a foreign country 

21 the United Nations has identified as among the least 

22 developed of developing countries. 

23 (5) QUALIFYING ACTIVITY.—The term ‘‘quali24 fying activity’’ means an activity that the Secretary 


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1 of State has determined to be a qualifying activity 

2 under section 205. 

3 (6) QUALIFYING ENTITY.—The term ‘‘quali4 fying entity’’ means a national, regional, or local 

5 government in, or a nongovernmental organization 

6 or private entity located or operating in, an eligible 

7 country. 

8 SEC. 202. PURPOSES. 

9 The purposes of this title are to provide United 

10 States assistance and leverage private resources— 

11 (1) to encourage widespread implementation of 

12 activities in developing countries that reduce, seques13 ter, or avoid greenhouse gas emissions; 

14 (2) to encourage such countries to adopt poli15 cies and measures, including sector-based and cross16 sector policies and measures, that substantially re17 duce, sequester, or avoid greenhouse gas emissions, 

18 while shifting the economies of such countries to low 

19 carbon development pathways and increasing access 

20 to clean energy supplies, including the capacities of 

21 recipient countries to effectively measure and report 

22 the implementation of these policies and measures 

23 internationally; 

24 (3) to enhance economic opportunities for the 

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1 scribed in section 205 and collaborative research and 

2 development; 

3 (4) to promote the successful negotiation of a 

4 global agreement to reduce greenhouse gas emissions 

5 under the United Nations Framework Convention on 

6 Climate Change; and 

7 (5) to promote robust compliance with, and en8 forcement of existing international legal require9 ments for, the protection of intellectual property 

10 rights, as formulated in the Agreement on Trade-Re11 lated Aspects of Intellectual Property Rights re12 ferred to in— 

13 (A) section 101(d)(15) of the Uruguay 

14 Round Agreements Act (19 U.S.C. 

15 3511(d)(15)); and 

16 (B) applicable intellectual property provi17 sions of bilateral trade agreements. 

18 SEC. 203. ASSISTANCE FOR CLEAN ENERGY TECHNOLOGY 

19 ACTIVITIES. 

20 (a) ESTABLISHMENT OF THE INTERNATIONAL

21 CLEAN ENERGY DEPLOYMENT PROGRAM.—The Secretary 

22 of State, in consultation with the interagency group estab23 lished under subsection (b), shall establish the Inter24 national Clean Energy Deployment Program to provide 


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1 assistance to qualifying entities to carry out qualifying ac2 tivities in eligible countries. 

3 (b) INTERAGENCY GROUP.—The President shall es4 tablish an interagency group to administer the program 

5 established under subsection (a). The members of the 

6 interagency group shall include— 

7 (1) the Secretary of State; 

8 (2) the Administrator of the Environmental 

9 Protection Agency; 

10 (3) the Secretary of Energy; 

11 (4) the Secretary of the Treasury; 

12 (5) the Secretary of Commerce; 

13 (6) the Administrator of the United States 

14 Agency for International Development; 

15 (7) the United States Trade Representative; 

16 and 

17 (8) any other head of a Federal agency or exec18 utive branch appointee designated by the President. 

19 (c) CHAIRPERSON.—The Secretary of State shall 

20 serve as the chairperson of the interagency group estab21 lished under subsection (b). 

22 (d) SUPPLEMENT NOT SUPPLANT.—Assistance pro23 vided pursuant to this title shall be used to supplement, 

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1 sources available to carry out activities that are qualifying 

2 activities. 

3 (e) EXPERT PANEL ON TECHNOLOGY DEPLOY4 MENT.— 

5 (1) ESTABLISHMENT.—There is established an 

6 expert panel to provide guidance on technology de7 ployment and programs supported under this title to 

8 the interagency group. 

9 (2) COMPOSITION.—The panel established 

10 under paragraph (1) shall include representatives 

11 who are experts in clean energy technology deploy12 ment from the private sector, leading academic insti13 tutions, and civil society. 

14 (3) DUTIES.—The panel established under 

15 paragraph (1) shall, to the extent practicable, pro16 vide the interagency group with— 

17 (A) assessments of best practices in clean 

18 energy technology deployment; 

19 (B) recommendations on mechanisms and 

20 approaches for promoting its deployment; and 

21 (C) other guidance requested by the inter22 agency group. 

23 (f) LIMITATION.—Assistance under this title for the 

24 activities described in section 205(1) shall be limited to— 


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1 (1) the cost of retrofitting existing facilities 

2 with the technologies described in such section; and 

3 (2) the incremental cost of purchasing and in4 stalling such technologies at new facilities. 

5 SEC. 204. DETERMINATION OF ELIGIBLE COUNTRIES. 

6 (a) IN GENERAL.—The interagency group established 

7 under section 203 shall determine that a country is an 

8 eligible country if the country— 

9 (1) is a developing country that— 

10 (A) has entered into an international 

11 agreement to which the United States is a 

12 party, under which the country agrees to take 

13 actions to produce measurable, reportable, and 

14 verifiable greenhouse gas emissions mitigation; 

15 or 

16 (B) is determined by the interagency group 

17 to have in force national policies and measures 

18 that are capable of measuring, reporting, and 

19 verifying changes in greenhouse gas emissions; 

20 (2) has developed nationally appropriate mitiga21 tion actions that seek to achieve substantial reduc22 tions, sequestration, or avoidance of greenhouse gas 

23 emissions, relative to business-as-usual levels; 

24 (3) subject to subsection (b)(1), meets such 

25 other criteria as the President determines will serve 


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1 the purposes of this title or other United States na2 tional security, foreign policy, environmental, or eco3 nomic objectives, including robust compliance with 

4 and enforcement of existing international legal re5 quirements for the protection of intellectual property 

6 rights for clean technology, as formulated in— 

7 (A) the Agreement on Trade-Related As8 pects of Intellectual Property Rights, referred 

9 to in section 101(d)(15) of the Uruguay Round 

10 Agreements Act (19 U.S.C. 3511(d)(15)); and 

11 (B) applicable intellectual property provi12 sions of bilateral trade agreements; and 

13 (4) is a most vulnerable developing country 

14 seeking to increase clean energy access through the 

15 adoption and use of appropriate clean energy tech16 nologies that can also increase community-level resil17 ience and adaptation to the impacts of climate 

18 change. 

19 (b) APPLICATION.— 

20 (1) APPLICATION TO BILATERAL ASSIST21 ANCE.—Subsection (a)(3) shall only apply to bilat22 eral assistance authorized under section 206(a)(5). 

23 (2) APPLICATION TO LEAST DEVELOPED COUN24 TRIES.—The eligibility criteria in this section do not 

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1 ing assistance described in section 205(7) for the 

2 purpose of building capacity to meet such eligibility 

3 criteria. 

4 SEC. 205. DETERMINATION OF QUALIFYING ACTIVITIES. 

5 An activity is a qualifying activity if the Secretary 

6 of State, in consultation with the interagency group, deter7 mines that the activity is a clean technology activity (in8 cluding building relevant technical and institutional capac9 ity) that will contribute to substantial, measurable, report10 able, and verifiable reductions, sequestration, or avoidance 

11 of greenhouse gas emissions, including— 

12 (1) the deployment of technologies to capture 

13 and sequester carbon dioxide emissions from electric 

14 generating units or large industrial sources, except 

15 that assistance under this title for such deployment 

16 shall be limited to the cost of retrofitting existing fa17 cilities with such technologies or the incremental 

18 cost of purchasing and installing such technologies 

19 at new facilities; 

20 (2) the deployment of renewable electricity gen21 eration from wind, solar, sustainably produced bio22 mass and biochar systems, geothermal, marine, or 

23 hydrokinetic sources; 


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1 (3) substantial increases in the efficiency of 

2 electricity transmission, distribution, and consump3 tion; 

4 (4) deployment of low- or zero emissions tech5 nologies that are facing financial or other barriers to 

6 their widespread deployment which could be ad7 dressed through support under this title in order to 

8 reduce, sequester, or avoid emissions; 

9 (5) reduction in transportation sector emissions 

10 through increased transportation system and vehicle 

11 efficiency or use of transportation fuels that have 

12 life cycle greenhouse gas emissions that are substan13 tially lower than those attributable to fossil fuel14 based alternatives; 

15 (6) reduction in black carbon emissions; and 

16 (7) capacity building activities, including— 

17 (A) developing and implementing meth18 odologies and programs for measuring and 

19 quantifying greenhouse gas emissions and 

20 verifying emissions mitigation; 

21 (B) assessing, developing, and imple22 menting technology and policy options for 

23 greenhouse gas emissions mitigation and avoid24 ance of future emissions, including sector and 

25 cross-sector mitigation strategies; 


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1 (C) providing other forms of technical as2 sistance to facilitate the qualification for, and 

3 receipt of, assistance under this title; 

4 (D) enhancing the technical capacity of 

5 regulatory authorities, planning agencies, and 

6 related institutions in developing countries to 

7 promote clean energy technologies and prac8 tices, including through increased transparency; 

9 (E) deployment of training and instruction 

10 regarding installation and maintenance of re11 newable technology; and 

12 (F) activities that support the development 

13 and implementation of intellectual property 

14 rights frameworks in developing countries. 

15 SEC. 206. DISTRIBUTION AND ADMINISTRATION OF ASSIST16 ANCE. 

17 (a) DISTRIBUTION OF ASSISTANCE.— 

18 (1) IN GENERAL.—The Secretary of State, after 

19 consultation with the interagency group established 

20 under section 203, shall distribute assistance under 

21 this title— 

22 (A) in the form of bilateral assistance, in 

23 accordance with paragraph (5); 


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1 (B) to multilateral funds or institutions 

2 pursuant to the Convention or an agreement 

3 negotiated under the Convention; or 

4 (C) through some combination of the 

5 mechanisms described in subparagraphs (A) 

6 and (B). 

7 (2) DISTRIBUTION THROUGH INTERNATIONAL

8 FUND OR INSTITUTION.—If assistance is provided 

9 through a multilateral fund or institution under 

10 paragraph (1), the Secretary of State shall seek to 

11 ensure the establishment and implementation of ade12 quate mechanisms to— 

13 (A) apply and enforce the criteria for de14 termining eligible countries and qualifying ac15 tivities under sections 204 and 205, respec16 tively; 

17 (B) require public reporting describing the 

18 process and methodology for selecting the ulti19 mate recipients of assistance and a description 

20 of each activity that received assistance, includ21 ing the amount of obligations and expenditures 

22 for assistance; and 

23 (C) prohibit the expenditure of funds for 

24 the benefit of any qualifying activity if that 

25 qualifying activity or any activity relating to 


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1 that qualifying activity undermines the robust 

2 compliance with, and enforcement of, existing 

3 legal requirements for the protection of intellec4 tual property rights for clean technology, as for5 mulated in the Agreement on Trade-Related 

6 Aspects of Intellectual Property Rights, re7 ferred to in section 101(d)(15) of the Uruguay 

8 Round Agreements Act (19 U.S.C. 

9 3511(d)(15)). 

10 (3) RESERVE FUND FOR LEAST DEVELOPED

11 COUNTRIES.—The Secretary of State shall ensure 

12 that the most vulnerable developing countries have 

13 access to financial assistance made available under 

14 this title by annually holding 15 percent of such as15 sistance in reserve for access by least developed 

16 countries with greenhouse gas emissions below 0.5 

17 percent of global emissions. The Secretary may au18 thorize the use of such amounts for other purposes 

19 authorized under this title if it is not feasible to uti20 lize such reserve fund for assistance for least devel21 oped countries before the end of the fiscal year. 

22 (4) BILATERAL ASSISTANCE.— 

23 (A) IN GENERAL.—Bilateral assistance 

24 under paragraph (1) shall be carried out by the 

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1 cy head as the President may designate, in con2 sultation with the interagency group. 

3 (B) LIMITATIONS.—Not more than 15 per4 cent of the assistance made available for bilat5 eral assistance under this title in any year may 

6 be used to support activities in any single coun7 try. 

8 (C) SELECTION CRITERIA.—Not later than 

9 2 years after the date of the enactment of this 

10 Act, the Secretary of State, or such other Fed11 eral agency head as the President may des12 ignate, after consultation with the interagency 

13 group, shall develop and publish a set of criteria 

14 to be used in evaluating activities within eligible 

15 countries for bilateral assistance under this 

16 title, such as— 

17 (i) the activity is a qualifying activity; 

18 (ii) the activity will be conducted as 

19 part of an eligible country’s nationally ap20 propriate mitigation actions or as part of 

21 an eligible country’s actions towards pro22 viding a nationally appropriate mitigation 

23 strategy to reduce, sequester, or avoid 

24 emissions being implemented by the eligi25 ble country; 


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1 (iii) the activity will not have adverse 

2 effects on human health, safety, or welfare, 

3 the environment, or natural resources; 

4 (iv) any technologies deployed through 

5 bilateral assistance under this title will be 

6 properly implemented and maintained; 

7 (v) costs of the activity will be shared 

8 by the host country government, private 

9 sector parties, or a multinational develop10 ment bank, except that this clause does not 

11 apply to least developed countries; 

12 (vi) the activity would not undermine 

13 the protection of intellectual property 

14 rights for clean technology, as formulated 

15 in the Agreement on Trade-Related As16 pects of Intellectual Property Rights, re17 ferred to in section 101(d)(15) of the Uru18 guay Round Agreements Act (19 U.S.C. 

19 3511(d)(15)), and applicable intellectual 

20 property provisions of bilateral trade 

21 agreements; and 

22 (vii) the activity meets such other re23 quirements as the interagency group deter24 mines appropriate to further the purposes 

25 of this title. 


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1 (D) CRITERIA PREFERENCES.—The cri2 teria under subparagraph (C) shall give pref3 erence to activities that— 

4 (i) promise to achieve large-scale 

5 greenhouse gas reductions, sequestration, 

6 or avoidance at a national, sectoral or 

7 cross-sectoral level; 

8 (ii) have the potential to catalyze a 

9 shift within the host country towards wide10 spread deployment and commercialization 

11 of low- or zero-carbon energy technologies 

12 and to reduce energy poverty; 

13 (iii) build technical and institutional 

14 capacity and other activities that are un15 likely to be attractive to private sector 

16 funding; 

17 (iv) maximize opportunities to lever18 age other sources of assistance and cata19 lyze private-sector investment; or 

20 (v) facilitate collaboration among the 

21 national laboratories, educational institu22 tions, private sectors, local and national 

23 policymakers, and other technical and pol24 icy experts with respect to developing and 


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1 commercializing clean and efficient energy 

2 technologies. 

3 (b) ADMINISTRATION OF ASSISTANCE.—In admin4 istering assistance under this title, the interagency group 

5 shall work to ensure that such assistance is distributed 

6 in a manner that— 

7 (1) best promotes the participation of, and in8 vestments by, the private sector; 

9 (2) is consistent with commitments made by the 

10 United States under international climate agree11 ments; 

12 (3) targets the reduction or elimination of the 

13 increased costs associated with deploying clean tech14 nologies in place of traditional technologies; 

15 (4) takes into consideration the assessments 

16 and recommendations of the Expert Panel on Tech17 nology Deployment; 

18 (5) aligns activities under this section with 

19 broader development, poverty alleviation, or natural 

20 resource management objectives and initiatives in 

21 the recipient country; 

22 (6) increases clean energy access through the 

23 adoption and the use of appropriate clean energy 

24 technologies that can also increase community-level 


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1 resilience and adaptation to the impacts of climate 

2 change; 

3 (7) supports projects or programs that contain 

4 provisions for cross-border sharing of experiences, 

5 including— 

6 (A) a plan for how the funded project or 

7 program will share experiences or lessons 

8 learned through relevant institutions, agencies, 

9 partnerships, or networks; and 

10 (B) measures for local capacity building 

11 and access for cross-visitation for appropriate 

12 interested stakeholders and governments; 

13 (8) consider public-private partnerships, as ap14 propriate, to support collaborative efforts; and 

15 (9) provides exposure and market development 

16 assistance for recipient entities assistance under this 

17 title and for the corresponding technology, as appro18 priate. 

19 TITLE III—INTERNATIONAL CLI20 MATE CHANGE ADAPTATION 

21 AND GLOBAL SECURITY PRO22 GRAM 

23 SEC. 301. DEFINITIONS. 

24 In this title: 


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1 (1) MOST VULNERABLE COMMUNITIES AND

2 POPULATIONS.—The term ‘‘most vulnerable commu3 nities and populations’’ means communities and pop4 ulations that are at risk of substantial adverse im5 pacts of climate change and have limited capacity to 

6 respond to such impacts, including women, impover7 ished communities, children, and indigenous peoples. 

8 (2) MOST VULNERABLE DEVELOPING COUN9 TRIES.—The term ‘‘most vulnerable developing 

10 countries’’ means, as determined by the Adminis11 trator, developing countries that are at risk of sub12 stantial adverse impacts of climate change and have 

13 limited capacity to respond to such impacts, consid14 ering the approaches included in any international 

15 treaties and agreements. 

16 (3) NONGOVERNMENTAL ORGANIZATION.—The 

17 term ‘‘nongovernmental organization’’— 

18 (A) means organizations that are not part 

19 of a governmental structure; and 

20 (B) includes environmental groups, re21 search institutions, business groups, and asso22 ciations of urban and local governments. 

23 (4) PROGRAM.—The term ‘‘Program’’ means 

24 the International Climate Change Adaptation and 


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1 Global Security Program established under section 

2 303. 

3 (5) UNITED NATIONS FRAMEWORK CONVEN4 TION ON CLIMATE CHANGE.—The term ‘‘United Na5 tions Framework Convention on Climate Change’’ or 

6 ‘‘Convention’’ means the United Nations Framework 

7 Convention on Climate Change done at New York on 

8 May 9, 1992, and entered into force on March 21, 

9 1994. 

10 SEC. 302. PURPOSES. 

11 The purposes of this title are— 

12 (1) to provide new and additional assistance 

13 from the United States to the most vulnerable devel14 oping countries, particularly the most vulnerable 

15 communities and populations in such countries, to 

16 support the development and implementation of cli17 mate change adaptation programs and activities that 

18 reduce the vulnerability and increase the resilience of 

19 communities to climate change impacts, including 

20 impacts on water availability, agricultural produc21 tivity, flood risk, coastal resources, timing of sea22 sons, biodiversity, economic livelihoods, health and 

23 diseases, and human migration; and 

24 (2) to provide such assistance in a manner that 

25 protects and promotes the national security, foreign 


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1 policy, environmental, and economic interests of the 

2 United States to the extent such interests may be 

3 advanced by minimizing, averting, or increasing re4 silience to climate change impacts. 

5 SEC. 303. INTERNATIONAL CLIMATE CHANGE ADAPTATION 

6 AND GLOBAL SECURITY PROGRAM. 

7 (a) ESTABLISHMENT.—The Secretary of State, in 

8 consultation with the Administrator, the Secretary of the 

9 Treasury, the Administrator of the Environmental Protec10 tion Agency, and the Secretary of Agriculture, shall estab11 lish an International Climate Change Adaptation and 

12 Global Security Program to provide assistance in accord13 ance with the requirements of this title. 

14 (b) SUPPLEMENT NOT SUPPLANT.—Assistance pro15 vided under this title shall be used to supplement, and not 

16 to supplant, any other Federal, State, or local resources 

17 available to carry out activities of the type carried out 

18 under the Program. 

19 SEC. 304. DISTRIBUTION OF ASSISTANCE. 

20 (a) IN GENERAL.—The Secretary of State, or such 

21 other Federal agency head as the President may des22 ignate, after consultation with the Secretary of the Treas23 ury, the Administrator, the Administrator of the Environ24 mental Protection Agency, and the Secretary of Agri25 culture shall direct assistance under the Program— 


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1 (1) in the form of bilateral assistance pursuant 

2 to the requirements under section 305; 

3 (2) to multilateral funds or international insti4 tutions pursuant to the Convention or an agreement 

5 negotiated under the Convention; or 

6 (3) through a combination of the mechanisms 

7 identified under paragraphs (1) and (2). 

8 (b) LIMITATION.— 

9 (1) CONDITIONAL DISTRIBUTION TO MULTILAT10 ERAL FUNDS OR INTERNATIONAL INSTITUTIONS.— 

11 In any fiscal year, the Secretary of State, or such 

12 other Federal agency head as the President may 

13 designate, in consultation with the Administrator, 

14 the Secretary of the Treasury, the Administrator of 

15 the Environmental Protection Agency, and the Sec16 retary of Agriculture shall provide at least 40 per17 cent and up to 60 percent of the assistance available 

18 to carry out the Program to 1 or more multilateral 

19 funds or international institutions that meet the re20 quirements of paragraph (2). The Secretary of State 

21 shall notify the appropriate congressional committees 

22 not later than 15 days before providing assistance to 

23 a multilateral fund or international institution under 

24 this section. 


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1 (2) MULTILATERAL FUND OR INTERNATIONAL

2 INSTITUTION ELIGIBILITY.—A multilateral fund or 

3 international institution is eligible to receive assist4 ance under the Program— 

5 (A) if— 

6 (i) such fund or institution is estab7 lished pursuant to— 

8 (I) the Convention; or 

9 (II) an agreement negotiated 

10 under the Convention; or 

11 (ii) the assistance is directed to 1 or 

12 more multilateral funds or international 

13 development institutions, pursuant to an 

14 agreement negotiated under the Conven15 tion; and 

16 (B) if such fund or institution— 

17 (i) specifies the terms and conditions 

18 under which the United States is to pro19 vide assistance to the fund or institution, 

20 and under which the fund or institution is 

21 to provide assistance to recipient countries; 

22 (ii) ensures that assistance from the 

23 United States to the fund or institution 

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1 poses that are consistent with the purposes 

2 described in section 302(1); 

3 (iii) requires a regular meeting of a 

4 governing body of the fund or institution 

5 that includes representation from countries 

6 among the most vulnerable developing 

7 countries and provides public access; 

8 (iv) requires that local communities, 

9 particularly the most vulnerable commu10 nities and populations in such commu11 nities, and indigenous peoples in areas in 

12 which any activities or programs are 

13 planned are engaged through adequate dis14 closure of information, public participation, 

15 and consultation, including full consider16 ation of the interdependence of vulnerable 

17 communities and ecosystems to promote 

18 the resilience of local communities; and 

19 (v) prepares and makes public an an20 nual report that— 

21 (I) describes the process and 

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1 cioeconomic and bio-physical vulner2 ability; 

3 (II) describes specific programs 

4 and activities supported by the fund 

5 or institution and the extent to which 

6 the assistance is addressing the adap7 tation needs of the most vulnerable 

8 developing countries, and the most 

9 vulnerable communities and popu10 lations therein; 

11 (III) describes the performance 

12 goals for assistance authorized under 

13 the fund or institution and expresses 

14 such goals in an objective and quan15 tifiable form, to the extent practicable; 

16 and 

17 (IV) describes procedures taken 

18 to minimize detrimental environ19 mental and natural resources impacts, 

20 while maximizing local adaptation 

21 ability. 

22 (c) OVERSIGHT.— 

23 (1) DISTRIBUTION TO MULTILATERAL FUNDS

24 OR INTERNATIONAL INSTITUTIONS.—The Secretary 

25 of State, or such other Federal agency head as the 


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1 President may designate, in consultation with the 

2 Administrator, shall oversee the distribution of as3 sistance under the Program to a multilateral fund or 

4 international institution under subsection (b). 

5 (2) BILATERAL ASSISTANCE.—The Adminis6 trator, in consultation with the Secretary of State, 

7 shall oversee the distribution of assistance available 

8 to carry out the Program for bilateral assistance 

9 under section 305. 

10 SEC. 305. BILATERAL ASSISTANCE. 

11 (a) ACTIVITIES AND FOREIGN AID.— 

12 (1) IN GENERAL.—Except to the extent incon13 sistent with this title, the administrative authorities 

14 under the Foreign Assistance Act of 1961 (22 

15 U.S.C. 2151 et seq.) shall apply to the implementa16 tion of this title to the same extent and in the same 

17 manner as such authorities apply to the implementa18 tion of such Act in order to provide the Adminis19 trator with the authority to— 

20 (A) provide assistance to the most vulner21 able developing countries for— 

22 (i) the development of national or re23 gional climate change adaptation plans, in24 cluding a systematic assessment of socio25 economic vulnerabilities in order to identify 


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1 the most vulnerable communities and pop2 ulations; 

3 (ii) programs and activities to support 

4 the development of associated national 

5 policies; 

6 (iii) planning, financing, and execu7 tion of adaptation programs and activities; 

8 and 

9 (iv) the development of gender sen10 sitive frameworks, strategies, and policies; 

11 (B) support investments, capacity-building 

12 activities, and other assistance, to reduce vul13 nerability and promote community-level resil14 ience related to climate change and its impacts 

15 in the most vulnerable developing countries, 

16 particularly of most vulnerable communities and 

17 populations; 

18 (C) support climate change adaptation re19 search in or for the most vulnerable developing 

20 countries; 

21 (D) support the deployment of technologies 

22 to help the most vulnerable developing countries 

23 respond to the destabilizing impacts of climate 

24 change and encourage the identification and 

25 adoption of appropriate renewable and efficient 


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1 energy technologies that are beneficial in in2 creasing community-level resilience to the im3 pacts of global climate change in those coun4 tries; 

5 (E) encourage the engagement of local 

6 communities, particularly the most vulnerable 

7 communities and the populations in such com8 munities, through disclosure of information, 

9 consultation, and their informed and active par10 ticipation relating to the development, imple11 mentation, monitoring, and evaluation of plans, 

12 programs, and activities to increase their resil13 ience to climate change impacts; and 

14 (F) carry out other programs or activities, 

15 as appropriate. 

16 (2) ELIGIBLE ACTIVITIES AND PROGRAMS.—In 

17 carrying out this section, the Administrator may 

18 support activities and programs to— 

19 (A) promote resilience and adaptation to 

20 water scarcity and for water and sanitation; 

21 (B) support the enhancement and diver22 sification of agricultural, fishery, and other live23 lihoods and promote food security and sustain24 able agricultural development, particularly by 

25 addressing the needs, knowledge, and capacities 


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1 of small-scale farmers and fishers, including in2 creasing farms productivity and adaptive capac3 ity in an equitable and environmentally sustain4 able manner; 

5 (C) encourage the protection and rehabili6 tation of natural ecosystems in order to provide 

7 increased resilience to climate change for local 

8 communities and livelihoods while protecting 

9 biodiversity and ecosystem services; 

10 (D) support disaster risk management, in11 cluding activities to reduce disaster risk and 

12 promote community-level insurance programs; 

13 (E) support investments and other assist14 ance in sustainable infrastructure, especially in 

15 urban areas vulnerable to climate change and 

16 its impacts, including support for activities re17 lating to urban infrastructure and transport, 

18 land management, urban sustainable develop19 ment strategies, and slum upgrading and pre20 vention; 

21 (F) increase data access and strengthen 

22 early warning systems; and 

23 (G) support other programs and activities, 

24 as appropriate. 


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1 (3) OTHER CONSIDERATIONS.—In carrying out 

2 this section, the Administrator shall ensure that— 

3 (A) the environmental impact of proposed 

4 activities or programs is assessed through ade5 quate consultation, public participation, and 

6 disclosure of information; 

7 (B) activities and programs avoid environ8 mental degradation, to the maximum extent 

9 practicable; and 

10 (C) activities under this section are 

11 aligned, to the extent practicable, with broader 

12 development, poverty alleviation, or natural re13 source management objectives and initiatives in 

14 the recipient country. 

15 (4) LIMITATIONS.—Not more than 10 percent 

16 of the assistance made available to carry out bilat17 eral assistance under this title in any year may be 

18 distributed to support activities in any single coun19 try. 

20 (5) PRIORITIZING ASSISTANCE.—In providing 

21 assistance under this section, the Administrator 

22 shall— 

23 (A) give priority to countries, including the 

24 most vulnerable communities and populations in 

25 such countries, that are most vulnerable to the 


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1 adverse impacts of climate change, determined 

2 by the likelihood and severity of such impacts 

3 and the country’s capacity to adapt to such im4 pacts; and 

5 (B) as appropriate, consider multi-year 

6 funding arrangements in carrying out this title, 

7 particularly— 

8 (i) if the risk of political, economic, or 

9 social instability due to climate change im10 pacts poses a threat to the national secu11 rity of the United States; or 

12 (ii) to reduce vulnerability and in13 crease resilience to climate change impacts 

14 in the context of carrying out long-term 

15 development objectives. 

16 (b) COMMUNITY ENGAGEMENT.— 

17 (1) IN GENERAL.—The Administrator shall 

18 seek to ensure that— 

19 (A) seek to ensure that local communities, 

20 particularly the most vulnerable communities 

21 and the populations of such communities, in 

22 areas in which any programs or activities are 

23 carried out pursuant to this section, are en24 gaged in, through disclosure of information, 

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1 sign, implementation, monitoring, and evalua2 tion of such programs and activities; and 

3 (B) the needs and interests of the most 

4 vulnerable communities and populations are ad5 dressed in national or regional climate change 

6 adaptation plans. 

7 (2) CONSULTATION AND DISCLOSURE.—For 

8 each country receiving assistance under this section, 

9 the Administrator shall establish a process for con10 sultation with, and disclosure of information to, 

11 local, national, and international stakeholders re12 garding any programs and activities carried out pur13 suant to this section. 

14 (c) INITIAL REPORT.—Not later than 180 days after 

15 the date of the enactment of this Act, the Administrator, 

16 in consultation with the Secretary of State, shall submit 

17 an initial report to the President and the appropriate con18 gressional committees that— 

19 (1) identifies the developing countries, including 

20 the most vulnerable communities and the popu21 lations of such communities, that are most vulner22 able to climate change impacts and in which assist23 ance may have the greatest and most sustainable 

24 benefit in reducing vulnerability to climate change; 

25 and 


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1 (2) describes the process and methodology for 

2 selecting the recipients of assistance under sub3 section (a)(1). 

4 (d) FUNDING LIMITATION.—Of the funds made 

5 available to carry out this section in any fiscal year, not 

6 more than 7 percent may be used for the administrative 

7 expenses of the United States Agency for International 

8 Development in support of activities described in this sec9 tion. Such amount shall be in addition to other amounts 

10 otherwise available for such purposes. 

11 TITLE IV—EVALUATION AND 

12 REPORTS 

13 SEC. 401. MONITORING, EVALUATION, AND ENFORCEMENT. 

14 (a) ESTABLISHMENT OF MONITORING AND EVALUA15 TION SYSTEM.— 

16 (1) IN GENERAL.—The Strategic Interagency 

17 Board on International Climate Investment (referred 

18 to in this title as the ‘‘Board’’) shall establish and 

19 implement a system to monitor and evaluate the ef20 fectiveness and efficiency of assistance provided 

21 under this Act. 

22 (2) EVALUATION CRITERIA.—The system estab23 lished under paragraph (1) shall be designed to 

24 maximize the long-term sustainable development im25 pact of assistance provided under this Act, by— 


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1 (A) including performance indicators to be 

2 used in measuring or assessing the achievement 

3 of the purposes of this Act; 

4 (B) evaluating the extent to which the full 

5 disclosure of information and consultation and 

6 informed participation by local communities is 

7 achieved; 

8 (C) evaluating the impacts of local commu9 nity participation on the goals and objectives of 

10 the projects and programs implemented under 

11 this Act; 

12 (D) evaluating the performance of activi13 ties receiving assistance under this Act; and 

14 (E) ensuring that each Federal agency is 

15 carrying out their climate-related programs and 

16 activities in developing countries in a coordi17 nated manner that is— 

18 (i) consistent with the purposes of this 

19 Act; and 

20 (ii) aligned with the purposes and ac21 tivities of such agency. 

22 (b) REQUIREMENTS.—The Board— 

23 (1) in consultation with national governments 

24 in recipient countries, shall— 


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1 (A) establish performance goals for assist2 ance authorized under this Act; and 

3 (B) express such goals in an objective and 

4 quantifiable form, to the extent practicable; 

5 (2) shall, as applicable establish and implement 

6 a system to monitor the extent to which— 

7 (A) assistance authorized under this Act— 

8 (i) is meeting the purposes of this 

9 Act; 

10 (ii) is addressing the adaptation needs 

11 of developing countries; 

12 (iii) was used in the development of 

13 national or regional climate change adapta14 tion plans, including conducting socio15 economic vulnerability assessments to iden16 tify the communities and populations most 

17 vulnerable to climate change; and 

18 (iv) provided for disclosure of infor19 mation to, consultation with, and informed 

20 participation by local communities; 

21 (B) local communities participated in the 

22 design, implementation, and evaluation of pro23 grams and activities implemented pursuant to 

24 this Act; 


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1 (C) the political stability and security in 

2 developing countries that face potentially desta3 bilizing forces, exacerbated by the impacts of 

4 climate change, is improved; and 

5 (D) such risks would pose a national secu6 rity threat to the United States; 

7 (3) shall provide a basis for recommendations 

8 for adjustments to assistance authorized under this 

9 Act to enhance the impact of such assistance. 

10 (c) SUSPENSION OR TERMINATION OF ASSIST11 ANCE.—The Secretary of State may reduce, suspend, or 

12 terminate assistance authorized under this Act for any ac13 tivity if the Secretary determines that the activity is not 

14 operating in compliance with the approved project or activ15 ity. 

16 SEC. 402. REPORTS AND REVIEW. 

17 (a) REPORTS.— 

18 (1) ANNUAL REPORT.—Not later than 12 

19 months after the date of the enactment of this Act, 

20 and annually thereafter, the Board shall— 

21 (A) submit a report on the implementation 

22 of this Act, including findings resulting from 

23 the monitoring and evaluation of programs and 

24 activities under section 401, to— 

25 (i) the President; 


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1 (ii) the Committee on Foreign Rela2 tions of the Senate; 

3 (iii) the Committee on Environment 

4 and Public Works of the Senate; 

5 (iv) the Committee on Foreign Affairs 

6 of the House of Representatives; and 

7 (v) the Committee on Energy and 

8 Commerce of the House of Representa9 tives; and 

10 (B) make the reports described in this Act 

11 available to the public. 

12 (2) SUMMARY REPORT.—The Chairperson of 

13 the Board shall prepare a summary report that— 

14 (A) describes the strategy that agencies 

15 shall undertake to ensure that they carry out 

16 the purposes of this Act; 

17 (B) describes the activities undertaken by 

18 Federal agencies to— 

19 (i) accomplish the policy objectives de20 scribed in section 2; and 

21 (ii) cooperate with other nations, 

22 international organizations, and primary 

23 stakeholders, including local communities, 

24 nongovernmental organizations, and other 


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1 populations that have been impacted or ef2 fected by climate change; 

3 (C) summarizes the financial support pro4 vided under this Act during the most recently 

5 completed fiscal year; 

6 (D) evaluates United States policies and 

7 foreign assistance designed to accomplish the 

8 policy objectives described in section 2; 

9 (E) includes recommendations for improv10 ing assistance policies and programs; 

11 (F) describes any additional bilateral or 

12 multilateral actions necessary to further the 

13 policy objectives described in section 2; and 

14 (G) includes recommendations for adjust15 ments to assistance authorized under this Act 

16 to enhance the impact of such assistance. 

17 (3) DISAGGREGATED REPORTS.—Each of the 

18 Federal agencies responsible for carrying out 1 or 

19 more assistance programs authorized under title I, 

20 II, or III shall submit a report to the Board and to 

21 the entities set forth in paragraph (1)(A) that in22 cludes— 

23 (A) a description of the amount and value 

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1 grams authorized under titles I, II and III, as 

2 applicable; 

3 (B) a description of each activity that re4 ceived assistance during such fiscal year, and a 

5 description of the anticipated and actual out6 comes; 

7 (C) an assessment of the success of the as8 sistance provided under this Act to improving 

9 the technical and institutional capacity to im10 plement substantial emissions reductions; 

11 (D) an assessment of any adverse effects 

12 to human health, safety, or welfare, the envi13 ronment, or natural resources as a result of ac14 tivities receiving assistance under this Act; 

15 (E) a description of the extent to which 

16 global climate change, through its potential 

17 negative impacts on sensitive populations and 

18 natural resources in the most vulnerable devel19 oping countries, may threaten, cause, or exacer20 bate political, economic, environmental, cul21 tural, or social instability or international con22 flict in those countries; 

23 (F) a list of the developing countries, in24 cluding the most vulnerable communities and 

25 populations in such countries, that are most 


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1 vulnerable to climate change impacts and in 

2 which assistance may have the greatest and 

3 most sustainable benefit in reducing vulner4 ability to climate change, including assistance 

5 in the form of deploying technologies, invest6 ments, capacity building activities, and other 

7 types of assistance for adaptation to climate 

8 change impacts and approaches to reduce 

9 greenhouse gases in ways expected to provide 

10 community-level resilience to climate change im11 pacts; and 

12 (G) if applicable— 

13 (i) an estimate of the greenhouse gas 

14 emissions reductions, sequestration, or 

15 avoidance achieved by assistance provided 

16 under this title during the prior fiscal year; 

17 (ii) an assessment of whether any 

18 amounts expended for the benefit of any 

19 qualifying activity undermined the protec20 tion of intellectual property rights for clean 

21 technology, as formulated in the Agree22 ment on Trade-Related Aspects of Intellec23 tual Property Rights, referred to in section 

24 101(d)(15) of the Uruguay Round Agree25 ments Act (19 U.S.C. 3511(d)(15)) and 


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1 applicable intellectual property provisions 

2 of bilateral trade agreements; 

3 (iii) an assessment of the deployment 

4 of clean energy technologies in developing 

5 countries; 

6 (iv) the impediments to market de7 ployment of such technologies; and 

8 (v) an assessment of the integration 

9 of representatives of the private sector and 

10 other interested groups in the development 

11 and commercialization of clean and effi12 cient energy technologies. 

13 (4) INTERNATIONAL PROGRESS REPORT.—Not 

14 later than 6 months after the date of the enactment 

15 of this Act and annually thereafter, the Secretary of 

16 State shall submit a report to Congress that de17 scribes the progress made toward reaching an inter18 national agreement in which— 

19 (A) developed countries commit to an econ20 omy-wide emission reduction or limitation; 

21 (B) major emerging economies commit to 

22 actions which result in substantial, quantified 

23 reductions from their business-as-usual emis24 sions pathway consistent with achieving 2050 

25 global emission reductions goals; 


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1 (C) developed countries and major emerg2 ing economies commit to participate in robust 

3 measurement, reporting, and verification proce4 dures relating to their internationally registered 

5 domestic actions; and 

6 (D) there is a mechanism to which parties 

7 to the agreement can address cases of non8 compliance with the obligations under the 

9 agreement described in subparagraphs (A) 

10 through (C). 

11 (b) REVIEWS.— 

12 (1) IN GENERAL.—Not later than 3 years after 

13 the date of the enactment of this Act, and every 3 

14 years thereafter, the Board, in cooperation with the 

15 National Academy of Sciences and other research 

16 and development institutions, as appropriate, and 

17 drawing on, and being consistent with, reporting and 

18 verification regimes in multilateral climate agree19 ments to which the United States is party, to the ex20 tent possible, shall review the global needs and op21 portunities for climate change investment in devel22 oping countries, including— 

23 (A) any guidelines or rules established 

24 under this Act to carry out titles I, II, and III; 


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1 (B) the progress of international adapta2 tion among the most vulnerable developing 

3 countries, including— 

4 (i) the impacts of amounts expended 

5 under this Act; 

6 (ii) the extent to which adaptation 

7 needs are addressed; 

8 (iii) the best practices for adapting to 

9 climate change by promoting community10 level resilience and social, economic, polit11 ical, environmental, and cultural stability; 

12 and 

13 (iv) any guidelines or rules established 

14 by the Administrator of the United States 

15 Agency for International Development to 

16 carry out title III; 

17 (C) the progress of research, development, 

18 deployment, diffusion, and transfer of clean en19 ergy technologies, practices, and processes to 

20 developing countries, including— 

21 (i) the impact of amounts expended 

22 under this Act; 

23 (ii) the extent to which clean energy 

24 needs for mitigation, clean energy access, 

25 and resilience building are met; 


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1 (iii) the best practices for meeting the 

2 objectives referred to in clause (ii); 

3 (iv) any guidelines or rules established 

4 by the Administrator of the United States 

5 Agency for International Development to 

6 carry out title II; and 

7 (v) recommendations for the heads of 

8 appropriate Federal departments and 

9 agencies on methods to streamline Federal 

10 programs and policies to improve the role 

11 of such departments and agencies in the 

12 development, commercialization, and im13 proved knowledge sharing of clean energy 

14 technologies; 

15 (D) the progress made through nationally 

16 appropriate greenhouse gas mitigation policies 

17 and actions in developing countries to reduce 

18 deforestation and forest degradation and to 

19 conserve or restore forest ecosystems, including 

20 an evaluation of the effects on such progress 

21 from amounts expended under this Act; and 

22 (E) the role the United States plays in de23 forestation and degradation through its pur24 chase of global commodities and the activities 


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1 that could reduce such role help to reduce glob2 al emissions from deforestation. 

3 (2) CONSIDERATIONS.—In evaluating the 

4 progress referred to in paragraph (1)(D), the Board 

5 shall take into consideration the effects of activities 

6 receiving assistance under title I on— 

7 (A) total documented carbon stocks of each 

8 country that directly or indirectly received as9 sistance under this Act compared with such 

10 country’s national deforestation baseline estab11 lished under paragraphs (1) and (2) of section 

12 104(d); 

13 (B) the number of countries with the ca14 pacity to generate for sale instruments in the 

15 nature of offset credits from forest-related ac16 tivities, and the amount of such activities; 

17 (C) forest governance in each country that 

18 directly or indirectly received support under this 

19 Act; 

20 (D) indigenous peoples and forest-depend21 ent communities residing in areas affected by 

22 such activities, including on the equitable shar23 ing of assistance as detailed in section 

24 104(d)(6)(F); 


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1 (E) biodiversity and ecosystem services 

2 within forested areas associated with the activi3 ties; 

4 (F) subnational and international leakage; 

5 and 

6 (G) any program or mechanism established 

7 under the United Nations Framework Conven8 tion on Climate Change related to greenhouse 

9 gas emissions from deforestation. 

10 TITLE V—REPORT ON MAJOR 

11 ECONOMIES CLIMATE ACTIONS 

12 SEC. 501. REPORT. 

13 (a) IN GENERAL.—The Secretary of State, working 

14 with the Strategic Interagency Board, shall prepare a bi15 annual interagency report on climate change and energy 

16 policy for the 5 highest greenhouse gas emitting countries 

17 that are not members of the Organization for Economic 

18 Cooperation and Development (OECD). 

19 (b) PURPOSES.—The purposes of the report prepared 

20 under subsection (a) are— 

21 (1) to provide Congress and the American pub22 lic with a better understanding of the steps that the 

23 5 highest greenhouse gas emitting non-OECD coun24 tries are taking to reduce greenhouse gas emissions; 


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1 (2) to identify the means by which the United 

2 States can assist such countries in achieving such a 

3 reduction; and 

4 (3) to assess the climate change and energy pol5 icy commitments and actions of such countries. 

6 (c) CONTENTS.—The report prepared under sub7 section (a) shall include— 

8 (1) a summary of the scope, rigor, and effec9 tiveness of the actions being taken by countries re10 ferred to in subsection (a) to reduce greenhouse gas 

11 emissions; 

12 (2) a summary of the national or subnational 

13 plans, policies, programs, laws, regulations, incentive 

14 mechanisms, and other measures in such countries 

15 that are expected to result in, or have resulted in, 

16 reductions in energy use and greenhouse gas emis17 sions, including— 

18 (A) a description of the progress made or 

19 expected in implementing such plans, policies, 

20 programs, laws, regulations, incentive mecha21 nisms, and other measures; 

22 (B) where feasible, a quantification of the 

23 contribution made by actions in these countries 

24 to reduce greenhouse gas emissions; 


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1 (C) progress made in developing and re2 porting full national greenhouse gas inventories; 

3 and 

4 (D) estimates of the reductions in energy 

5 use and greenhouse gas emissions achieved, or 

6 expected to be achieved, as a result of such 

7 plans, policies, programs, laws, regulations, in8 centive mechanisms, and other measures; and 

9 (3) recommendations for areas in which United 

10 States capacity building or other support could as11 sist such countries in improving implementation or 

12 compliance with such plans, policies, programs, laws, 

13 regulations, incentive mechanisms, and other meas14 ures, including— 

15 (A) cooperation on technology transfer, 

16 joint research, development, and deployment; 

17 and 

18 (B) joint opportunities for the development 

19 of intellectual property, including proposals for 

20 financing such joint activities. 

21 (d) SUBMISSION TO CONGRESS.—Not later than 15 

22 months after the date of the enactment of this Act, and 

23 every 6 months thereafter, the Secretary of State shall 

24 submit the report prepared under this section to— 


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1 (1) the Committee on Foreign Relations of the 

2 Senate; 

3 (2) the Committee on Energy and Natural Re4 sources of the Senate; 

5 (3) the Committee on Environment and Public 

6 Works of the Senate; 

7 (4) the Committee on Foreign Affairs of the 

8 House of Representatives; and 

9 (5) the Committee on Energy and Commerce of 

10 the House of Representatives. 

Æ 


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