CHAPTER 86—CLIMATE CHANGE TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES

        

§7901. Definitions

In this chapter:

(1) Carbon sequestration

The term "carbon sequestration" means the capture of carbon dioxide through terrestrial, geological, biological, or other means, which prevents the release of carbon dioxide into the atmosphere.

(2) Greenhouse gas

The term "greenhouse gas" means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

(3) Greenhouse gas intensity

The term "greenhouse gas intensity" means the ratio of greenhouse gas emissions to economic output.

(Pub. L. 101–240, title VII, §731, as added Pub. L. 109–58, title XVI, §1611, Aug. 8, 2005, 119 Stat. 1113.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 101–240, title VII, §739, as added Pub. L. 109–58, title XVI, §1611, Aug. 8, 2005, 119 Stat. 1117, provided that: "Except as otherwise provided in this part [part C (§§731–739) of title VII of Pub. L. 101–240, enacting this chapter], this part takes effect on October 1, 2005."

Executive Documents

Ex. Ord. No. 14027. Establishment of the Climate Change Support Office

Ex. Ord. No. 14027, May 7, 2021, 86 F.R. 25947, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 202 of the Revised Statutes (22 U.S.C. 2656) and section 3161 of title 5, United States Code, it is hereby ordered as follows:

Section 1. Establishment of the Climate Change Support Office. (a) There is established within the Department of State, in accordance with section 3161 of title 5, United States Code, a temporary organization to be known as the Climate Change Support Office (CCSO).

(b) The CCSO shall be headed by a Director selected by the Secretary of State (Secretary). In addition to a Director, the CCSO may be staffed by persons in such numbers and with such skills as are necessary for the performance of CCSO functions.

(c) The purpose of the CCSO shall be to perform the specific project of supporting bilateral and multilateral engagement to advance the United States initiative to address the global climate crisis, led by the Department of State and in coordination with other executive departments and agencies, consistent with Executive Order 14008 of January 27, 2021 (Tackling the Climate Crisis at Home and Abroad) [42 U.S.C. 4321 note]. The CCSO shall support the Department of State, including the Special Presidential Envoy for Climate, in United States efforts to elevate and underscore the commitment my Administration will make towards addressing the global climate crisis.

(d) In carrying out its purpose as set forth in subsection 1(c) of this order, the CCSO shall:

(i) support the Department of State and other executive departments and agencies, as appropriate, in leading diplomatic engagement on climate change, exercising climate leadership in international fora, increasing international climate ambition, and ensuring that climate change is integrated into all elements of United States foreign policy-making decision processes;

(ii) support efforts that go beyond the climate work currently carried out by the Department of State across a wide range of international fora that address clean energy, aviation, shipping, the Artic, the ocean, sustainable development, and migration; and

(iii) perform such other functions related to the specific project set forth in subsection 1(c) of this order as the Secretary may assign.

(e) The CCSO shall terminate at the end of the maximum period permitted by section 3161(a)(1) of title 5, United States Code, unless sooner terminated by the Secretary.

Sec. 2. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

J.R. Biden, Jr.      

§7902. Reduction of greenhouse gas intensity

(a) Lead agency

(1) In general

The Department of State shall act as the lead agency for integrating into United States foreign policy the goal of reducing greenhouse gas intensity in developing countries.

(2) Reports

(A) Initial report

Not later than 180 days after August 8, 2005, the Secretary of State shall submit to the appropriate authorizing and appropriating committees of Congress an initial report, based on the most recent information available to the Secretary from reliable public sources, that identifies the 25 developing countries that are the largest greenhouse gas emitters, including for each country—

(i) an estimate of the quantity and types of energy used;

(ii) an estimate of the greenhouse gas intensity of the energy, manufacturing, agricultural, and transportation sectors;

(iii) a description ¹ the progress of any significant projects undertaken to reduce greenhouse gas intensity;

(iv) a description of the potential for undertaking projects to reduce greenhouse gas intensity;

(v) a description of any obstacles to the reduction of greenhouse gas intensity; and

(vi) a description of the best practices learned by the Agency for International Development from conducting previous pilot and demonstration projects to reduce greenhouse gas intensity.

(B) Update

Not later than 18 months after the date on which the initial report is submitted under subparagraph (A), the Secretary shall submit to the appropriate authorizing and appropriating committees of Congress, based on the best information available to the Secretary, an update of the information provided in the initial report.

(C) Use

(i) Initial report

The Secretary of State shall use the initial report submitted under subparagraph (A) to establish baselines for the developing countries identified in the report with respect to the information provided under clauses (i) and (ii) of that subparagraph.

(ii) Annual reports

The Secretary of State shall use the annual reports prepared under subparagraph (B) and any other information available to the Secretary to track the progress of the developing countries with respect to reducing greenhouse gas intensity.

(b) Projects

The Secretary of State, in coordination with Administrator of the United States Agency for International Development, shall (directly or through agreements with the World Bank, the International Monetary Fund, the United States International Development Finance Corporation, and other development institutions) provide assistance to developing countries specifically for projects to reduce greenhouse gas intensity, including projects to—

(1) leverage, through bilateral agreements, funds for reduction of greenhouse gas intensity;

(2) increase private investment in projects and activities to reduce greenhouse gas intensity; and

(3) expedite the deployment of technology to reduce greenhouse gas intensity.

(c) Focus

In providing assistance under subsection (b), the Secretary of State shall focus on—

(1) promoting the rule of law, property rights, contract protection, and economic freedom; and

(2) increasing capacity, infrastructure, and training.

(d) Priority

In providing assistance under subsection (b), the Secretary of State shall give priority to projects in the 25 developing countries identified in the report submitted under subsection (a)(2)(A).

(Pub. L. 101–240, title VII, §732, as added Pub. L. 109–58, title XVI, §1611, Aug. 8, 2005, 119 Stat. 1113; amended Pub. L. 115–254, div. F, title VI, §1470(q), Oct. 5, 2018, 132 Stat. 3518.)

Editorial Notes

Amendments

2018—Subsec. (b). Pub. L. 115–254 substituted "United States International Development Finance Corporation" for "Overseas Private Investment Corporation" in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–254 effective at the end of the transition period, as defined in section 9681 of this title, see section 1470(w) of Pub. L. 115–254, set out as a note under section 905 of Title 2, The Congress.

Effective Date

Section effective Oct. 1, 2005, except as otherwise provided, see section 739 of Pub. L. 101–240, set out as a note under section 7901 of this title.

¹ So in original. Probably should be "description of".

§7903. Technology inventory for developing countries

(a) In general

The Secretary of Energy, in coordination with the Secretary of State and the Secretary of Commerce, shall conduct an inventory of greenhouse gas intensity reducing technologies that are developed, or under development in the United States, to identify technologies that are suitable for transfer to, deployment in, and commercialization in the developing countries identified in the report submitted under section 7902(a)(2)(A) of this title.

(b) Report

Not later than 180 days after the completion of the inventory under subsection (a), the Secretary of State and the Secretary of Energy shall jointly submit to Congress a report that—

(1) includes the results of the completed inventory;

(2) identifies obstacles to the transfer, deployment, and commercialization of the inventoried technologies;

(3) includes results from previous Federal reports related to the inventoried technologies; and

(4) includes an analysis of market forces related to the inventoried technologies.

(Pub. L. 101–240, title VII, §733, as added Pub. L. 109–58, title XVI, §1611, Aug. 8, 2005, 119 Stat. 1114.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2005, except as otherwise provided, see section 739 of Pub. L. 101–240, set out as a note under section 7901 of this title.

§7904. Trade-related barriers to export of greenhouse gas intensity reducing technologies

(a) In general

Not later than 1 year after August 8, 2005, the United States Trade Representative shall (as appropriate and consistent with applicable bilateral, regional, and mutual trade agreements)—

(1) identify trade-relations barriers maintained by foreign countries to the export of greenhouse gas intensity reducing technologies and practices from the United States to the developing countries identified in the report submitted under section 7902(a)(2)(A) of this title; and

(2) negotiate with foreign countries for the removal of those barriers.

(b) Annual report

Not later than 1 year after the date on which a report is submitted under subsection (a)(1) and annually thereafter, the United States Trade Representative shall submit to Congress a report that describes any progress made with respect to removing the barriers identified by the United States Trade Representative under subsection (a)(1).

(Pub. L. 101–240, title VII, §734, as added Pub. L. 109–58, title XVI, §1611, Aug. 8, 2005, 119 Stat. 1115.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2005, except as otherwise provided, see section 739 of Pub. L. 101–240, set out as a note under section 7901 of this title.

§7905. Greenhouse Gas Intensity Reducing Technology Export Initiative

(a) In general

There is established an interagency working group to carry out a Greenhouse Gas Intensity Reducing Technology Export Initiative to—

(1) promote the export of greenhouse gas intensity reducing technologies and practices from the United States;

(2) identify developing countries that should be designated as priority countries for the purpose of exporting greenhouse gas intensity reducing technologies and practices, based on the report submitted under section 7902(a)(2)(A) of this title;

(3) identify potential barriers to adoption of exported greenhouse gas intensity reducing technologies and practices based on the reports submitted under section 7904 of this title; and

(4) identify previous efforts to export energy technologies to learn best practices.

(b) Composition

The working group shall be composed of—

(1) the Secretary of State, who shall act as the head of the working group;

(2) the Administrator of the United States Agency for International Development;

(3) the United States Trade Representative;

(4) a designee of the Secretary of Energy;

(5) a designee of the Secretary of Commerce; and

(6) a designee of the Administrator of the Environmental Protection Agency.

(c) Performance reviews and reports

Not later than 180 days after August 8, 2005, and each year thereafter, the interagency working group shall—

(1) conduct a performance review of actions taken and results achieved by the Federal Government (including each of the agencies represented on the interagency working group) to promote the export of greenhouse gas intensity reducing technologies and practices from the United States; and

(2) submit to the appropriate authorizing and appropriating committees of Congress a report that describes the results of the performance reviews and evaluates progress in promoting the export of greenhouse gas intensity reducing technologies and practices from the United States, including any recommendations for increasing the export of the technologies and practices.

(Pub. L. 101–240, title VII, §735, as added Pub. L. 109–58, title XVI, §1611, Aug. 8, 2005, 119 Stat. 1115.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2005, except as otherwise provided, see section 739 of Pub. L. 101–240, set out as a note under section 7901 of this title.

§7906. Technology demonstration projects

(a) In general

The Secretary of State, in coordination with the Secretary of Energy and the Administrator of the United States Agency for International Development, shall promote the adoption of technologies and practices that reduce greenhouse gas intensity in developing countries in accordance with this section.

(b) Demonstration projects

(1) In general

The Secretaries and the Administrator shall plan, coordinate, and carry out, or provide assistance for the planning, coordination, or carrying out of, demonstration projects under this section in at least 10 eligible countries, as determined by the Secretaries and the Administrator.

(2) Eligibility

A country shall be eligible for assistance under this subsection if the Secretaries and the Administrator determine that the country has demonstrated a commitment to—

(A) just governance, including—

(i) promoting the rule of law;

(ii) respecting human and civil rights;

(iii) protecting private property rights; and

(iv) combating corruption; and

(B) economic freedom, including economic policies that—

(i) encourage citizens and firms to participate in global trade and international capital markets;

(ii) promote private sector growth and the sustainable management of natural resources; and

(iii) strengthen market forces in the economy.

(3) Selection

In determining which eligible countries to provide assistance to under paragraph (1), the Secretaries and the Administrator shall consider—

(A) the opportunity to reduce greenhouse gas intensity in the eligible country; and

(B) the opportunity to generate economic growth in the eligible country.

(4) Types of projects

Demonstration projects under this section may include—

(A) coal gasification, coal liquefaction, and clean coal projects;

(B) carbon sequestration projects;

(C) cogeneration technology initiatives;

(D) renewable projects; and

(E) lower emission transportation.

(Pub. L. 101–240, title VII, §736, as added Pub. L. 109–58, title XVI, §1611, Aug. 8, 2005, 119 Stat. 1116.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2005, except as otherwise provided, see section 739 of Pub. L. 101–240, set out as a note under section 7901 of this title.

§7907. Fellowship and exchange programs

The Secretary of State, in coordination with the Secretary of Energy, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, shall carry out fellowship and exchange programs under which officials from developing countries visit the United States to acquire expertise and knowledge of best practices to reduce greenhouse gas intensity in their countries.

(Pub. L. 101–240, title VII, §737, as added Pub. L. 109–58, title XVI, §1611, Aug. 8, 2005, 119 Stat. 1117.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2005, except as otherwise provided, see section 739 of Pub. L. 101–240, set out as a note under section 7901 of this title.

§7908. Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this chapter.

(Pub. L. 101–240, title VII, §738, as added Pub. L. 109–58, title XVI, §1611, Aug. 8, 2005, 119 Stat. 1117.)

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Oct. 1, 2005, except as otherwise provided, see section 739 of Pub. L. 101–240, set out as a note under section 7901 of this title.

§7909. Authorization for the Clean Technology Fund

(1) Limitations on authorization of appropriations

For fiscal year 2010, up to $300,000,000 is authorized to be appropriated for a United States contribution to the Clean Technology Fund (the Fund).

(2) Limits on country access

The Secretary of the Treasury shall use the voice and vote of the United States to ensure that—

(A) The Fund does not provide more than 15 percent of Fund resources to any one country;

(B) Prior to the obligation of funds, recipient countries submit to the governing body of the Fund, and the governing body of the Fund appropriately reviews and considers, an investment plan that will achieve significant net reductions in national-level greenhouse gas emissions;

(C) The investment plan for a recipient country, whose borrowing status is classified by the World Bank as "International Development Association (IDA) blend", shall have at least 15 percent of its total cost for public sector activities contributed from the public funds of the recipient country, and any recipient country whose borrowing status is classified by the World Bank as "International Bank for Reconstruction and Development (IBRD) Only" status, shall have at least 25 percent of its total cost for public sector activities contributed from public funds of the recipient country; and

(D) Assistance made available by the Fund is used exclusively to support the deployment of clean energy technologies in developing countries (including, where appropriate, through the provision of technical support or support for policy or institutional reforms) in a manner that achieves substantial net reductions in greenhouse gas emissions.

(3) Repealed. Pub. L. 113–76, div. K, title VII, §7034(i), Jan. 17, 2014, 128 Stat. 514

(4) Definitions

For purposes of this section—

(A) Net reductions

The term "net reductions" refers to the extent to which a project or program supported under this section results in lower greenhouse gas emissions than would be emitted by the same entity or sector in the same country in the absence of the Fund's project, taking into account, unless impracticable, effects beyond the physical boundaries of the project or program that result from project or program activities.

(B) Public sector activities

The term "public sector activities" may include sovereign loans assumed by the recipient country to contribute to the financing of the investment plan.

(C) Clean energy technology

The term "clean energy technology" means a technology that, as compared with technologies being deployed at that time for widespread commercial use in the country involved—

(i) achieves substantial reductions in greenhouse gas emissions;

(ii) does not result in significant incremental adverse effects on public health or the environment; and

(iii) does one or more of the following:

(I) generates electricity or useful thermal energy from a renewable resource;

(II) substantially increases the energy efficiency of buildings, industrial, or agricultural processes, or of electricity transmission, distribution, or end-use consumption; or

(III) substantially increases the energy efficiency of the transportation system or increases utilization of transportation fuels that have lifecycle greenhouse gas emissions that are substantially lower than those attributable to fossil fuel-based alternatives.

(Pub. L. 111–117, div. F, title VII, §7081(g), Dec. 16, 2009, 123 Stat. 3398; Pub. L. 113–76, div. K, title VII, §7034(i), Jan. 17, 2014, 128 Stat. 514.)

Editorial Notes

Codification

Section was enacted as part of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010, and also as part of the Consolidated Appropriations Act, 2010, and not as part of part C of the Global Environmental Protection Assistance Act of 1989 which comprises this chapter.

Amendments

2014—Par. (3). Pub. L. 113–76 struck out par. (3), which established a reporting requirement for operations and governance of the Fund.

Statutory Notes and Related Subsidiaries

Continuation of Prior Law

Pub. L. 113–235, div. J, title VII, §7060(c)(9), Dec. 16, 2014, 128 Stat. 2672, provided that: "Section 7081(g)(2) and (4) of division F of Public Law 111–117 [22 U.S.C. 7909(2), (4)] shall continue in effect during fiscal year 2015 as if part of this Act [div. J of Pub. L. 113–235, 128 Stat. 2573]."

Prior continuations were contained in the following acts:

Pub. L. 113–76, div. K, title VII, §7060(c)(9), Jan. 17, 2014, 128 Stat. 554.

Pub. L. 112–74, div. I, title VII, §7062(c)(8), Dec. 23, 2011, 125 Stat. 1250.