[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2835 Introduced in Senate (IS)]

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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Climate Change Investment Act of 2009''.
    (b) Table of Contents.--The table of contents for 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.
        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.

SEC. 2. FINDINGS AND STATEMENT OF POLICY.

    (a) Findings.--Congress makes the following findings:
            (1) According to the G8 Summit text from L'Aquila, Italy on 
        Climate and Energy ``global emissions should peak by 2020 and 
        then be substantially reduced to limit the average increase in 
        global temperature to two degrees Celsius (3.6 Fahrenheit) 
        above pre-industrial levels.''.
            (2) An unclassified report by the National Intelligence 
        Council entitled, Global Trends 2025: A Transformed World, 
        finds that by 2025 ``unprecedented economic growth, coupled 
        with 1.5 billion more people, will put pressure on resources--
        particularly energy, food, and water--raising the specter of 
        scarcities emerging as demand outstrips supply.''.
            (3) According to the 2009 Energy Information Administration 
        Annual Energy Outlook, in 2030, countries that are not in the 
        Organization for Economic Cooperation and Development (OECD) 
        are predicted to exceed greenhouse gas emissions from OECD 
        countries by 77 percent.
            (4) Under article 4 of the United Nations Framework 
        Convention on Climate Change, developed country parties, 
        including the United States, committed to--
                    (A) ``assist the developing country Parties that 
                are particularly vulnerable to the adverse effects of 
                climate change in meeting costs of adaptation to those 
                adverse effects''; and
                    (B) ``take all practicable steps to promote, 
                facilitate and finance, as appropriate, the transfer 
                of, or access to, environmentally sound technologies 
                and know-how to other Parties, particularly developing 
                country Parties, to enable them to implement the 
                provisions of the Convention.''.
            (5) Under the Bali Action Plan (decision 1/CP.13), 
        developed country parties to the United Nations Framework 
        Convention on Climate Change, including the United States, 
        committed to ``enhanced action on the provision of financial 
        resources and investment to support action on mitigation and 
        adaptation and technology cooperation, including, inter alia, 
        consideration of [i]mproved access to adequate, predictable and 
        sustainable financial resources and financial and technical 
        support, and the provision of new and additional resources, 
        including official and concessional funding for developing 
        country Parties''.
            (6) According to the International Organization for 
        Migration, there could be up to 200,000,000 environmentally 
        induced migrants by 2050.
            (7) Deforestation is one of the largest sources of 
        greenhouse gas emissions in developing countries, accounting 
        for about 15 percent of global emissions. According to recent 
        scientific analysis, it will be substantially more difficult to 
        limit the increase in global temperatures to less than 2 
        degrees Celcius above preindustrial levels if net emissions 
        from deforestation are not reduced and ultimately halted.
            (8) Although developing countries are historically least 
        responsible for the cumulative greenhouse gas emissions that 
        are causing climate change and continue to have very low per 
        capita greenhouse gas emissions, the greenhouse gas emissions 
        from these countries are increasing as developing countries 
        seek to grow their economies and reduce the energy poverty of 
        their populations.
            (9) The countries most vulnerable to climate change, due 
        both to greater exposure to harmful impacts and to lower 
        capacity to adapt, are developing countries with very low 
        industrial greenhouse gas emissions that have contributed less 
        to climate change than more affluent countries.
            (10) Developing countries rely on the natural ecosystems 
        likely to be affected by climate change for sustenance, 
        livelihoods, and economic growth and stability to a much 
        greater degree than developed countries.
            (11) There may be varying climate change adaptation and 
        resilience needs within developing countries among different 
        communities and populations, including impoverished 
        communities, children, women, and indigenous peoples.
            (12) Many developing countries will face sharply decreasing 
        yields from agriculture production because of climate change, 
        which will--
                    (A) undermine food security in such countries; and
                    (B) necessitate--
                            (i) substantial additional support for 
                        agricultural development and emergency response 
                        to food insecurity; and
                            (ii) major shifts in production techniques 
                        to raise yields through low-input, sustainable, 
                        and biodiverse methods.
            (13) Women around the world, who are the linchpin of 
        families and communities, will disproportionately face the 
        harmful effects of climate change, particularly in developing 
        countries where women assume the increased responsibility of 
        providing food, water, fuel and other resources for their 
        families.
    (b) Statement of Policy.--It is the policy of the United States 
to--
            (1) recognize that global climate change--
                    (A) is a potentially significant national and 
                global security threat multiplier;
                    (B) is likely to exacerbate competition and 
                conflict over agricultural, vegetative, marine, and 
                water resources; and
                    (C) will likely result in increased displacement of 
                people, poverty, and hunger within developing 
                countries;
            (2) protect Americans from the impacts of climate change 
        through global reductions in greenhouse gas emissions;
            (3) address the strategic, social, political, economic, 
        cultural, and environmental consequences of global climate 
        change that are likely to have disproportionate adverse impacts 
        on developing countries, which--
                    (A) have less economic capacity to respond to such 
                impacts; and
                    (B) are likely to pose long-term challenges to the 
                national security, foreign policy, and economic 
                interests of the United States;
            (4) recognize the significant contributions of women in 
        their communities and secure their involvement as primary 
        stakeholders;
            (5) take measures to address emissions from, and drivers 
        of, deforestation as part of a global effort to mitigate 
        climate change;
            (6) recognize that it is in the national interest of the 
        United States to assist developing countries to reduce and 
        ultimately halt emissions from deforestation in a manner 
        consistent with preserving the rights and securing the 
        involvement of indigenous peoples and forest-dependent 
        communities, since--
                    (A) as primary stakeholders, indigenous peoples and 
                forest-dependent communities are critical partners in 
                efforts to reduce deforestation and degradation; and
                    (B) the participation and buy-in regarding related 
                activities of such peoples and communities is vital to 
                the success, sustainability, and permanence of emission 
                reductions;
            (7) support the export deployment of clean energy 
        technologies through bilateral and multilateral financing 
        mechanisms, since--
                    (A) many developing countries lack the financial 
                and technical resources to adopt clean energy 
                technologies;
                    (B) absent international support, the greenhouse 
                gas emissions of such countries could continue to 
                increase;
                    (C) investments in, and the deployment of, clean 
                technology in developing countries could--
                            (i) be cost-effective;
                            (ii) enhance economic opportunities for the 
                        United States;
                            (iii) increase the demand for clean energy 
                        products;
                            (iv) lower costs; and
                            (v) result in global greenhouse gas 
                        emissions reductions;
                    (D) intellectual property rights are a key driver 
                of investment and research and development in, and the 
                global deployment of, clean technologies; and
                    (E) coordinated financial assistance from the 
                United States could help catalyze and assist developing 
                countries to adopt low-carbon and development pathways;
            (8) provide assistance to developing countries with varying 
        climate change adaptation and resilience needs among different 
        communities and populations, including impoverished 
        communities, children, women, and indigenous peoples, since--
                    (A) countries most vulnerable to climate change, 
                due to greater exposure to harmful impacts and lower 
                capacity to adapt, are developing countries with very 
                low industrial greenhouse gas emissions that have 
                contributed less to climate change than more affluent 
                countries;
                    (B) to a much greater degree than developed 
                countries, developing countries rely on the natural 
                ecosystems likely to be affected by climate change for 
                sustenance, livelihoods, and economic growth and 
                stability; and
                    (C) many developing countries will face sharply 
                decreasing yields from agriculture production because 
                of climate change, which will--
                            (i) undermine food security;
                            (ii) necessitate substantial additional 
                        support for agricultural development and 
                        emergency response to food insecurity; and
                            (iii) necessitate major shifts in 
                        production techniques to raise yields through 
                        low-input, sustainable, and biodiverse methods;
            (9) provide predictable, stable, and sufficient financing 
        to--
                    (A) support global climate change goals; and
                    (B) leverage private financing mechanisms;
            (10) engage in bilateral and multilateral approaches to 
        make progress towards securing global participation and action 
        to--
                    (A) mitigate greenhouse gas emissions;
                    (B) adapt to the impacts of climate change, 
                including enhanced agricultural productivity and soil 
                resilience;
                    (C) reduce emissions from deforestation and forest 
                degradation; and
                    (D) provide the necessary financing to accomplish 
                these objectives; and
            (11) recognize the strengths of the United Nations 
        Framework Convention on Climate Change as a primary forum for 
        agreement on global climate change.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--Except as otherwise expressly provided, 
        the term ``Administrator'' means the Administrator of the 
        United States Agency for International Development.
            (2) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Energy and Natural Resources 
                of the Senate;
                    (C) the Committee on Environment and Public Works 
                of the Senate;
                    (D) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (E) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (F) the Committee on Financial Services of the 
                House of Representatives.
            (3) Developing country.--The term ``developing country'' 
        means a country eligible to receive official development 
        assistance according to the income guidelines of the 
        Development Assistance Committee of the Organization for 
        Economic Cooperation and Development.

SEC. 4. STRATEGIC INTERAGENCY BOARD ON INTERNATIONAL CLIMATE 
              INVESTMENT.

    (a) Establishment.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the President shall establish the 
        ``Strategic Interagency Board on International Climate 
        Investment'' (referred to in this section as the ``Board'').
            (2) Membership.--The Board shall be composed of--
                    (A) the Secretary of State, who shall serve as 
                chairperson of the Board;
                    (B) the Administrator of the United States Agency 
                for International Development;
                    (C) the Secretary of Energy;
                    (D) the Secretary of the Treasury;
                    (E) the Secretary of Commerce;
                    (F) the Administrator of the Environmental 
                Protection Agency;
                    (G) the Secretary of Agriculture; and
                    (H) any other Federal agency head or executive 
                branch appointee designated by the President.
            (3) Meetings.--Beginning not later than 90 days after the 
        date of the enactment of this Act, members of the Board or 
        their designees shall meet not less frequently than quarterly 
        on a schedule to be agreed upon by the members of the Board.
    (b) Duties.--
            (1) In general.--The Board shall assess, monitor, and 
        evaluate the progress and contributions of relevant departments 
        and agencies of the United States Government in supporting 
        funding for international climate change activities and efforts 
        and the goals and objectives on the United Nations Framework 
        Convention on Climate Change and the Bali Action Plan, by--
                    (A) identifying, evaluating, and assessing 
                programs, activities, and contributions that contribute 
                to the mitigation of greenhouse gas emissions, 
                adaptation, clean energy technology deployment, and the 
                prevention of deforestation and forest degradation, 
                including the programs established under this Act;
                    (B) assessing the effectiveness of programs and 
                strategies toward achieving sustainable, predictable, 
                and additional climate financing;
                    (C) assessing the level of input and coordination 
                among relevant departments and agencies of the United 
                States Government, the international community, 
                international organizations, nongovernmental 
                organizations (including faith-based and private sector 
                organizations), academic institutions, host country 
                governments, local communities, and primary 
                stakeholders;
                    (D) identifying and summarizing the progress of the 
                United States in bilateral and multilateral efforts 
                toward--
                            (i) achieving greenhouse gas mitigation;
                            (ii) supporting adaptation to climate 
                        change in developing countries;
                            (iii) promoting clean energy technology 
                        deployment; and
                            (iv) promoting sustainable, predictable, 
                        and additional financial support to meet the 
                        purposes described in clauses (i) through 
                        (iii); and
                    (E) preparing and compiling the reports and reviews 
                described in section 402.
    (c) Consultation.--To the maximum extent practicable, the Board 
shall consult with individuals with expertise in the matters to be 
considered by the Board who are not officers or employees of the United 
States Government, including representatives of--
            (1) United States-based nongovernmental organizations 
        (including faith-based organizations and private foundations);
            (2) academic institutions;
            (3) the private sector; and
            (4) the United Nations Framework Convention on Climate 
        Change Secretariat.

        TITLE I--EMISSIONS REDUCTIONS FROM REDUCED DEFORESTATION

SEC. 101. DEFINITIONS.

    In this title:
            (1) Deforestation.--The term ``deforestation'' means a 
        change in land use from a forest to any other land use.
            (2) Emissions reductions.--The term ``emissions 
        reductions'' means greenhouse gas emissions reductions achieved 
        from reduced or avoided deforestation under this title.
            (3) Forest.--The term ``forest''--
                    (A) means a terrestrial ecosystem comprised of 
                native tree species generated and maintained primarily 
                through natural ecological and evolutionary processes; 
                and
                    (B) does not include plantations, such as crops of 
                trees planted primarily by humans for the purposes of 
                harvesting.
            (4) Forest degradation.--The term ``forest degradation'' is 
        any reduction in the carbon stock of a forest due to the impact 
        of human land-use activities.
            (5) Intact forest.--The term ``intact forest'' means an 
        unbroken expanse of natural ecosystems within the current 
        global extent of forest cover that--
                    (A) covers an area of at least 500 square 
                kilometers and is at least 10 kilometers in each 
                direction; and
                    (B) contains forest and non-forest ecosystems 
                minimally influenced by human economic activity and 
                large enough that all native biodiversity, including 
                viable populations of wide-ranging species, could be 
                maintained.
            (6) Leakage prevention activities.--The term ``leakage 
        prevention activities'' means activities in developing 
        countries that are directed at preserving existing forest 
        carbon stocks, including forested wetlands and peatlands, that 
        might, absent such activities, be lost through leakage.
            (7) National deforestation reduction activities.--The term 
        ``national deforestation reduction activities'' means 
        activities in developing countries that reduce a quantity of 
        greenhouse gas emissions from deforestation that is calculated 
        by measuring actual emissions against a national deforestation 
        baseline established pursuant to paragraphs (1) and (2) of 
        section 104(d).
            (8) Subnational deforestation and forest degradation 
        reduction activities.--The term ``subnational deforestation and 
        forest degradation reduction activities'' means activities in 
        developing countries that reduce a quantity of greenhouse gas 
        emissions from deforestation and forest degradation that are 
        calculated by measuring actual emissions using an appropriate 
        baseline, or an alternative determined under section 
        104(d)(2)(B), established by the Administrator that is less 
        than national in scope.

SEC. 102. PURPOSES.

    The purposes of this title are to provide United States assistance 
to developing countries--
            (1) to develop, implement, and improve--
                    (A) nationally appropriate greenhouse gas 
                mitigation policies; and
                    (B) actions that reduce deforestation and forest 
                degradation or conserve or restore forest ecosystems, 
                in a measurable, reportable, and verifiable manner;
            (2) in a manner that is consistent with, and enhances the 
        implementation of, complementary United States policies that 
        support the good governance of forests, biodiversity 
        conservation, and environmentally sustainable development; and
            (3) after taking into consideration the views and 
        participation of local communities, most vulnerable populations 
        and communities, particularly forest-dependent communities, and 
        indigenous peoples.

SEC. 103. EMISSIONS REDUCTIONS THROUGH REDUCED DEFORESTATION.

    (a) Authorization.--Not later than 2 years after the date of the 
enactment of this Act, the Administrator, in consultation with the 
Administrator of the Environmental Protection Agency, the Secretary of 
Agriculture, and the head of any other appropriate agency, shall 
establish a program to provide assistance to reduce greenhouse gas 
emissions from deforestation in developing countries, in accordance 
with this title.
    (b) Objectives.--The objectives of the program established under 
this section shall be to--
            (1) achieve emissions reductions of at least 720,000,000 
        tons of carbon dioxide equivalent in 2020, a cumulative amount 
        of at least 6,000,000,000 tons of carbon dioxide equivalent by 
        December 31, 2025, and additional emissions reductions in 
        subsequent years;
            (2) build capacity to reduce deforestation at a national 
        level in developing countries experiencing deforestation, 
        including preparing developing countries to participate in 
        international markets for international offset credits for 
        reduced emissions from deforestation;
            (3) preserve existing forest carbon stocks in countries 
        where such forest carbon may be vulnerable to international 
        leakage, particularly in developing countries with largely 
        intact native forests;
            (4) build the scientific knowledge and institutional 
        capacity to help developing countries--
                    (A) monitor the effects of climate change on their 
                forests;
                    (B) develop and implement strategies to conserve 
                their forests; and
                    (C) support forest dependent communities adapt to 
                climate change; and
            (5) to the extent practicable, reduce deforestation in ways 
        that reduce the vulnerability and increase the resilience to 
        climate impacts for forests and forest dependent communities.

SEC. 104. REQUIREMENTS FOR INTERNATIONAL DEFORESTATION REDUCTION 
              PROGRAM.

    (a) Eligible Countries.--
            (1) In general.--Except as provided under paragraph (2), 
        the Administrator may provide assistance under this title--
                    (A) to support programs that would exclude from the 
                United States illegally harvested timber or products 
                made from illegally harvested timber, in accordance 
                with and consistent with the objectives of the Lacey 
                Act Amendments of 2008 (16 U.S.C. 3371 et seq.); and
                    (B) only with respect to a developing country 
                that--
                            (i) the Administrator determines is 
                        experiencing deforestation or forest 
                        degradation or has standing forest carbon 
                        stocks that may be at risk of deforestation or 
                        degradation;
                            (ii) the Administrator, in consultation 
                        with the Administrator of the Environmental 
                        Protection Agency, determines has the legal 
                        regimes, standards and safeguards to ensure 
                        that the rights and interests of indigenous 
                        peoples and forest-dependent communities are 
                        protected in accordance with the standards 
                        promulgated under subsection (d); and
                            (iii) has entered into a bilateral or 
                        multilateral agreement or arrangement with the 
                        United States, or is part of an international 
                        program supported by the United States to 
                        prevent deforestation, establishing the 
                        conditions of its participation in the program 
                        established under this title, which shall 
                        include an agreement to meet the standards 
                        established under subsection (d) for the 
                        activities to which such standards apply.
            (2) Exception.--A developing country that does not meet the 
        requirement described in paragraph (1)(B)(ii) may receive 
        assistance under this title for the purpose of building 
        capacity to meet such requirement.
    (b) Authorized Activities.--Subject to the requirements of this 
title, the Administrator may support activities to achieve the 
objectives identified in section 103(b), including activities such as--
            (1) national deforestation reduction activities;
            (2) subnational deforestation and forest degradation 
        reduction activities, including pilot activities, policies, and 
        measures that reduce greenhouse gas emissions and are subject 
        to significant uncertainty;
            (3) activities to measure, monitor, and verify 
        deforestation, avoided deforestation, and rates of 
        deforestation, including, if applicable, a spatially explicit 
        land use plan that identifies intact and primary forest areas 
        and managed forest areas;
            (4) leakage prevention activities;
            (5) the development and implementation of measurement, 
        monitoring, reporting, and verification capacities and 
        governance structures, including legal regimes, standards, 
        processes, and safeguards, as established under subsection (d), 
        to enable a country to quantify emissions reductions and 
        participate in carbon markets;
            (6) the identification of, and actions to address, the 
        drivers of land use emissions;
            (7) the development and strengthening of governance 
        capacities to reduce deforestation and other land use emissions 
        and to combat illegal logging and associated trade, including 
        the development of systems for independent monitoring of the 
        efficacy of forest law enforcement and increased enforcement 
        cooperation, including joint efforts with Federal agencies, to 
        enforce the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et 
        seq.);
            (8) the provision of incentives for policy reforms to 
        achieve the objectives identified in section 103(b);
            (9) the development of pilot projects to--
                    (A) examine where mitigation and adaptation 
                activities in forest ecosystems coincide; and
                    (B) explore means for enhancing the resilience of 
                forest ecosystems and forest-dependent communities;
            (10) the promotion of mechanisms to deliver resources for 
        local action and to address the needs, interests, and 
        participation of local and indigenous communities; and
            (11) monitoring and evaluation of the results of the 
        activities conducted under this section.
    (c) Mechanisms.--The Administrator shall apply the administrative 
authorities under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
seq.), except to the extent inconsistent with the provisions of this 
title, to the same extent and in the same manner as such authorities 
apply to the implementation of such Act to support activities to 
achieve the objectives identified in section 103(b) by--
            (1) developing and implementing programs and projects that 
        achieve such objectives;
            (2) to the extent practicable, giving priority in the 
        review process to activities under subsection (b)(1); and
            (3) as appropriate, considering multi-year funding 
        arrangements in carrying out the purposes of this title.
    (d) Standards.--The Administrator shall establish program criteria 
that--
            (1) ensure that emissions reductions achieved through 
        supported activities--
                    (A) are additional, measurable, verifiable, and 
                monitored; and
                    (B) account for leakage, uncertainty, and 
                permanence;
            (2) require--
                    (A) the establishment of a national deforestation 
                baseline for each country with national deforestation 
                reduction activities that is used to account for 
                reductions achieved from such activities; or
                    (B) if a developing country has taken policies and 
                measures to reduce emissions from deforestation or 
                forest degradation, but has not established a national 
                baseline, the provision of a credible, transparent, 
                accurate, and conservative alternative for quantifying 
                emissions;
            (3) provide that each national deforestation baseline 
        established under paragraph (2)(A)--
                    (A) is national in scope;
                    (B) is consistent with nationally appropriate 
                mitigation commitments or actions with respect to 
                deforestation, taking into consideration--
                            (i) the average annual historical 
                        deforestation rates of the country during a 
                        period of at least 5 years;
                            (ii) the applicable drivers of 
                        deforestation; and
                            (iii) other factors to ensure 
                        additionality;
                    (C) establishes a trajectory that would result in 
                zero net deforestation by not later than 20 years after 
                the date on which the baseline is established;
                    (D) is adjusted over time to take account of 
                changing national circumstances; and
                    (E) is designed to account for all significant 
                sources of greenhouse gas emissions from deforestation 
                in the country;
            (4) with respect to support provided pursuant to paragraph 
        (1) or (2) of subsection (b), require emissions reductions to 
        be achieved and verified before the provision of any support 
        under this title;
            (5) with respect to accounting for subnational 
        deforestation reduction activities that lack the standardized 
        or precise measurement and monitoring techniques needed for a 
        full accounting of changes in emissions or baselines, or are 
        subject to other sources of uncertainty, apply a conservative 
        discount factor to reflect the uncertainty regarding the levels 
        of reductions achieved;
            (6) ensure that activities under this title are designed, 
        carried out, and managed--
                    (A) using forest management practices that--
                            (i) improve the livelihoods of forest 
                        communities;
                            (ii) maintain natural biodiversity, 
                        resilience, and carbon storage capacity of 
                        forests; and
                            (iii) to the extent practicable, do not 
                        adversely impact the permanence of forest 
                        carbon stocks or emissions reductions;
                    (B) in a way that promotes the maintenance of 
                intact forests, protects associated biodiversity, and 
                restores native forest species and ecosystems;
                    (C) to avoid the introduction of invasive nonnative 
                species;
                    (D) in an open and transparent process, which--
                            (i) includes broad stakeholder 
                        participation; and
                            (ii) takes into account the needs and 
                        interests of local communities, forest-
                        dependent communities, indigenous peoples, and 
                        vulnerable social groups;
                    (E) with consultations with, and full and effective 
                participation of, local communities, indigenous 
                peoples, and forest-dependent communities in affected 
                areas, as partners and primary stakeholders, before and 
                during the design, planning, implementation, and 
                monitoring and evaluation of activities; and
                    (F) with equitable sharing of profits and benefits 
                derived from the activities with local communities, 
                indigenous peoples, and forest-dependent communities; 
                and
            (7) with respect to support for all activities under this 
        title, seek to ensure the establishment and enforcement of 
        legal regimes, standards, processes, and safeguards by the 
        country in which the activities occur, as a condition of such 
        support or as a proposed activity to be supported, which--
                    (A) protect the rights and interests of local 
                communities, indigenous peoples, forest-dependent 
                communities, and vulnerable social groups;
                    (B) promote consultations with local communities, 
                indigenous peoples, and forest-dependent communities in 
                affected areas, as partners and primary stakeholders, 
                before and during the design, planning, implementation, 
                monitoring, and evaluation of activities under this 
                title; and
                    (C) ensure equitable sharing of profits and 
                benefits from incentives for emissions reductions or 
                leakage prevention with local communities, indigenous 
                peoples, and forest-dependent communities.
    (e) Scope.--
            (1) Reduced emissions from forest degradation.--The 
        Administrator shall include reduced emissions from forest 
        degradation within the scope of activities under this title.
            (2) Considerations.--If the Administrator determines, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, that sufficient methodologies and technical 
        capacities exist to measure, monitor, and account for the 
        emissions referred to in paragraph (1), the Administrator may 
        expand the eligible activities under this title, as 
        appropriate, to include reduced soil carbon-derived emissions 
        associated with deforestation and degradation of forested 
        wetlands and peatlands, or other land use types, consistent 
        with a comprehensive approach to maintaining and enhancing 
        forests, increasing climate resiliency, reducing emissions, and 
        increasing removals of greenhouse gases.
    (f) Accounting.--The Administrator shall establish a publicly 
accessible registry of the emissions reductions achieved through 
support provided under this title each year, after appropriately 
discounting for uncertainty and other relevant factors as required by 
the standards established under subsection (d).
    (g) International Deforestation Reduction Program Insurance Account 
for Noncompletion or Reversal.--In furtherance of the objective 
described in section 103(b)(1), the Administrator shall develop and 
implement a program that--
            (1) addresses noncompletion or reversal with respect to any 
        greenhouse gas emissions that were not, or are no longer, 
        sequestered; and
            (2) may include a mechanism to hold in reserve a portion of 
        the amount allocated for projects to support this program.
    (h) Transition to National Reductions.--
            (1) In general.--Beginning 8 years after the date on which 
        a country entered into the agreement or arrangement required 
        under subsection (a)(1)(B)(iii), the Administrator shall 
        determine, based on the criteria described in paragraph (2), 
        whether assistance should be provided to such country under 
        this title for any subnational deforestation reduction 
        activities.
            (2) Extension of support authorization.--The Administrator 
        may extend, for an additional 5 years, the period during which 
        assistance is authorized for a country under this title, if the 
        Administrator determines that--
                    (A) the country is making substantial progress 
                towards adopting and implementing a program to achieve 
                reductions in deforestation measured against a national 
                baseline;
                    (B) the greenhouse gas emissions reductions 
                achieved are not resulting in significant leakage; and
                    (C) the greenhouse gas emissions reductions 
                achieved are being appropriately discounted to account 
                for any leakage that is occurring.
            (3) Activities warranting continued assistance.--
        Notwithstanding paragraph (1), the Administrator may provide 
        assistance for activities to further the objectives listed in 
        paragraph (2) or (3) of section 103(b) beyond the 8-year period 
        described in paragraph (1).
    (i) Coordination With Foreign Assistance.--Subject to the direction 
of the President, the Administrator shall, to the extent practicable 
and consistent with the objectives of this program, seek to align 
activities under this section with broader development, poverty 
alleviation, or natural resource management objectives and initiatives 
in the recipient country.
    (j) Support as Supplement.--The provision of assistance for 
activities under this title shall be used to supplement, and not to 
supplant, any other Federal, State, or local support available to carry 
out such qualifying activities under this title.
    (k) Funding Limitation.--Of the funds made available to carry out 
this section in any fiscal year, not more than 7 percent may be used 
for the administrative expenses of the United States Agency for 
International Development in support of activities described in 
subsection (b). Such amount shall be in addition to other amounts 
otherwise available for such purposes.

SEC. 105. LEGAL EFFECT.

            (1) In general.--Nothing in this title may be construed to 
        supersede, limit, or otherwise affect any restriction imposed 
        by Federal law or regulation on any interaction between an 
        entity located in the United States and an entity located in a 
        foreign country.
            (2) Role of the secretary of state.--Nothing in this title 
        may be construed to affect the role of the Secretary of State 
        or the responsibilities of the Secretary under section 622(c) 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2382(c)).

          TITLE II--ASSISTANCE FOR CLEAN TECHNOLOGY ACTIVITIES

SEC. 201. DEFINITIONS.

    In this title:
            (1) Convention.--The term ``Convention'' means the United 
        Nations Framework Convention on Climate Change, done at New 
        York on May 9, 1992, and entered into force on March 21, 1994.
            (2) Eligible country.--The term ``eligible country'' means 
        a developing country that the interagency group has determined 
        to be an eligible country under section 204.
            (3) Interagency group.--The term ``interagency group'' 
        means the group established by the President under section 
        203(b).
            (4) Least developed country.--The term ``least developed 
        country'' means a foreign country the United Nations has 
        identified as among the least developed of developing 
        countries.
            (5) Qualifying activity.--The term ``qualifying activity'' 
        means an activity that the Secretary of State has determined to 
        be a qualifying activity under section 205.
            (6) Qualifying entity.--The term ``qualifying entity'' 
        means a national, regional, or local government in, or a 
        nongovernmental organization or private entity located or 
        operating in, an eligible country.

SEC. 202. PURPOSES.

    The purposes of this title are to provide United States assistance 
and leverage private resources--
            (1) to encourage widespread implementation of activities in 
        developing countries that reduce, sequester, or avoid 
        greenhouse gas emissions;
            (2) to encourage such countries to adopt policies and 
        measures, including sector-based and cross-sector policies and 
        measures, that substantially reduce, sequester, or avoid 
        greenhouse gas emissions, while shifting the economies of such 
        countries to low carbon development pathways and increasing 
        access to clean energy supplies, including the capacities of 
        recipient countries to effectively measure and report the 
        implementation of these policies and measures internationally;
            (3) to enhance economic opportunities for the United States 
        internationally through activities described in section 205 and 
        collaborative research and development;
            (4) to promote the successful negotiation of a global 
        agreement to reduce greenhouse gas emissions under the United 
        Nations Framework Convention on Climate Change; and
            (5) to promote robust compliance with, and enforcement of 
        existing international legal requirements for, the protection 
        of intellectual property rights, as formulated in the Agreement 
        on Trade-Related Aspects of Intellectual Property Rights 
        referred to in--
                    (A) section 101(d)(15) of the Uruguay Round 
                Agreements Act (19 U.S.C. 3511(d)(15)); and
                    (B) applicable intellectual property provisions of 
                bilateral trade agreements.

SEC. 203. ASSISTANCE FOR CLEAN ENERGY TECHNOLOGY ACTIVITIES.

    (a) Establishment of the International Clean Energy Deployment 
Program.--The Secretary of State, in consultation with the interagency 
group established under subsection (b), shall establish the 
International Clean Energy Deployment Program to provide assistance to 
qualifying entities to carry out qualifying activities in eligible 
countries.
    (b) Interagency Group.--The President shall establish an 
interagency group to administer the program established under 
subsection (a). The members of the interagency group shall include--
            (1) the Secretary of State;
            (2) the Administrator of the Environmental Protection 
        Agency;
            (3) the Secretary of Energy;
            (4) the Secretary of the Treasury;
            (5) the Secretary of Commerce;
            (6) the Administrator of the United States Agency for 
        International Development;
            (7) the United States Trade Representative; and
            (8) any other head of a Federal agency or executive branch 
        appointee designated by the President.
    (c) Chairperson.--The Secretary of State shall serve as the 
chairperson of the interagency group established under subsection (b).
    (d) Supplement Not Supplant.--Assistance provided pursuant to this 
title shall be used to supplement, and not to supplant, any other 
Federal, State, or local resources available to carry out activities 
that are qualifying activities.
    (e) Expert Panel on Technology Deployment.--
            (1) Establishment.--There is established an expert panel to 
        provide guidance on technology deployment and programs 
        supported under this title to the interagency group.
            (2) Composition.--The panel established under paragraph (1) 
        shall include representatives who are experts in clean energy 
        technology deployment from the private sector, leading academic 
        institutions, and civil society.
            (3) Duties.--The panel established under paragraph (1) 
        shall, to the extent practicable, provide the interagency group 
        with--
                    (A) assessments of best practices in clean energy 
                technology deployment;
                    (B) recommendations on mechanisms and approaches 
                for promoting its deployment; and
                    (C) other guidance requested by the interagency 
                group.
    (f) Limitation.--Assistance under this title for the activities 
described in section 205(1) shall be limited to--
            (1) the cost of retrofitting existing facilities with the 
        technologies described in such section; and
            (2) the incremental cost of purchasing and installing such 
        technologies at new facilities.

SEC. 204. DETERMINATION OF ELIGIBLE COUNTRIES.

    (a) In General.--The interagency group established under section 
203 shall determine that a country is an eligible country if the 
country--
            (1) is a developing country that--
                    (A) has entered into an international agreement to 
                which the United States is a party, under which the 
                country agrees to take actions to produce measurable, 
                reportable, and verifiable greenhouse gas emissions 
                mitigation; or
                    (B) is determined by the interagency group to have 
                in force national policies and measures that are 
                capable of measuring, reporting, and verifying changes 
                in greenhouse gas emissions;
            (2) has developed nationally appropriate mitigation actions 
        that seek to achieve substantial reductions, sequestration, or 
        avoidance of greenhouse gas emissions, relative to business-as-
        usual levels;
            (3) subject to subsection (b)(1), meets such other criteria 
        as the President determines will serve the purposes of this 
        title or other United States national security, foreign policy, 
        environmental, or economic objectives, including robust 
        compliance with and enforcement of existing international legal 
        requirements for the protection of intellectual property rights 
        for clean technology, as formulated in--
                    (A) the Agreement on Trade-Related Aspects of 
                Intellectual Property Rights, referred to in section 
                101(d)(15) of the Uruguay Round Agreements Act (19 
                U.S.C. 3511(d)(15)); and
                    (B) applicable intellectual property provisions of 
                bilateral trade agreements; and
            (4) is a most vulnerable developing country seeking to 
        increase clean energy access through the adoption and use of 
        appropriate clean energy technologies that can also increase 
        community-level resilience and adaptation to the impacts of 
        climate change.
    (b) Application.--
            (1) Application to bilateral assistance.--Subsection (a)(3) 
        shall only apply to bilateral assistance authorized under 
        section 206(a)(5).
            (2) Application to least developed countries.--The 
        eligibility criteria in this section do not apply in the case 
        of least developed countries receiving assistance described in 
        section 205(7) for the purpose of building capacity to meet 
        such eligibility criteria.

SEC. 205. DETERMINATION OF QUALIFYING ACTIVITIES.

    An activity is a qualifying activity if the Secretary of State, in 
consultation with the interagency group, determines that the activity 
is a clean technology activity (including building relevant technical 
and institutional capacity) that will contribute to substantial, 
measurable, reportable, and verifiable reductions, sequestration, or 
avoidance of greenhouse gas emissions, including--
            (1) the deployment of technologies to capture and sequester 
        carbon dioxide emissions from electric generating units or 
        large industrial sources, except that assistance under this 
        title for such deployment shall be limited to the cost of 
        retrofitting existing facilities with such technologies or the 
        incremental cost of purchasing and installing such technologies 
        at new facilities;
            (2) the deployment of renewable electricity generation from 
        wind, solar, sustainably produced biomass and biochar systems, 
        geothermal, marine, or hydrokinetic sources;
            (3) substantial increases in the efficiency of electricity 
        transmission, distribution, and consumption;
            (4) deployment of low- or zero emissions technologies that 
        are facing financial or other barriers to their widespread 
        deployment which could be addressed through support under this 
        title in order to reduce, sequester, or avoid emissions;
            (5) reduction in transportation sector emissions through 
        increased transportation system and vehicle efficiency or use 
        of transportation fuels that have life cycle greenhouse gas 
        emissions that are substantially lower than those attributable 
        to fossil fuel-based alternatives;
            (6) reduction in black carbon emissions; and
            (7) capacity building activities, including--
                    (A) developing and implementing methodologies and 
                programs for measuring and quantifying greenhouse gas 
                emissions and verifying emissions mitigation;
                    (B) assessing, developing, and implementing 
                technology and policy options for greenhouse gas 
                emissions mitigation and avoidance of future emissions, 
                including sector and cross-sector mitigation 
                strategies;
                    (C) providing other forms of technical assistance 
                to facilitate the qualification for, and receipt of, 
                assistance under this title;
                    (D) enhancing the technical capacity of regulatory 
                authorities, planning agencies, and related 
                institutions in developing countries to promote clean 
                energy technologies and practices, including through 
                increased transparency;
                    (E) deployment of training and instruction 
                regarding installation and maintenance of renewable 
                technology; and
                    (F) activities that support the development and 
                implementation of intellectual property rights 
                frameworks in developing countries.

SEC. 206. DISTRIBUTION AND ADMINISTRATION OF ASSISTANCE.

    (a) Distribution of Assistance.--
            (1) In general.--The Secretary of State, after consultation 
        with the interagency group established under section 203, shall 
        distribute assistance under this title--
                    (A) in the form of bilateral assistance, in 
                accordance with paragraph (5);
                    (B) to multilateral funds or institutions pursuant 
                to the Convention or an agreement negotiated under the 
                Convention; or
                    (C) through some combination of the mechanisms 
                described in subparagraphs (A) and (B).
            (2) Distribution through international fund or 
        institution.--If assistance is provided through a multilateral 
        fund or institution under paragraph (1), the Secretary of State 
        shall seek to ensure the establishment and implementation of 
        adequate mechanisms to--
                    (A) apply and enforce the criteria for determining 
                eligible countries and qualifying activities under 
                sections 204 and 205, respectively;
                    (B) require public reporting describing the process 
                and methodology for selecting the ultimate recipients 
                of assistance and a description of each activity that 
                received assistance, including the amount of 
                obligations and expenditures for assistance; and
                    (C) prohibit the expenditure of funds for the 
                benefit of any qualifying activity if that qualifying 
                activity or any activity relating to that qualifying 
                activity undermines the robust compliance with, and 
                enforcement of, existing legal requirements for the 
                protection of intellectual property rights for clean 
                technology, as formulated in the Agreement on Trade-
                Related Aspects of Intellectual Property Rights, 
                referred to in section 101(d)(15) of the Uruguay Round 
                Agreements Act (19 U.S.C. 3511(d)(15)).
            (3) Reserve fund for least developed countries.--The 
        Secretary of State shall ensure that the most vulnerable 
        developing countries have access to financial assistance made 
        available under this title by annually holding 15 percent of 
        such assistance in reserve for access by least developed 
        countries with greenhouse gas emissions below 0.5 percent of 
        global emissions. The Secretary may authorize the use of such 
        amounts for other purposes authorized under this title if it is 
        not feasible to utilize such reserve fund for assistance for 
        least developed countries before the end of the fiscal year.
            (4) Bilateral assistance.--
                    (A) In general.--Bilateral assistance under 
                paragraph (1) shall be carried out by the Secretary of 
                State, or such other Federal agency head as the 
                President may designate, in consultation with the 
                interagency group.
                    (B) Limitations.--Not more than 15 percent of the 
                assistance made available for bilateral assistance 
                under this title in any year may be used to support 
                activities in any single country.
                    (C) Selection criteria.--Not later than 2 years 
                after the date of the enactment of this Act, the 
                Secretary of State, or such other Federal agency head 
                as the President may designate, after consultation with 
                the interagency group, shall develop and publish a set 
                of criteria to be used in evaluating activities within 
                eligible countries for bilateral assistance under this 
                title, such as--
                            (i) the activity is a qualifying activity;
                            (ii) the activity will be conducted as part 
                        of an eligible country's nationally appropriate 
                        mitigation actions or as part of an eligible 
                        country's actions towards providing a 
                        nationally appropriate mitigation strategy to 
                        reduce, sequester, or avoid emissions being 
                        implemented by the eligible country;
                            (iii) the activity will not have adverse 
                        effects on human health, safety, or welfare, 
                        the environment, or natural resources;
                            (iv) any technologies deployed through 
                        bilateral assistance under this title will be 
                        properly implemented and maintained;
                            (v) costs of the activity will be shared by 
                        the host country government, private sector 
                        parties, or a multinational development bank, 
                        except that this clause does not apply to least 
                        developed countries;
                            (vi) the activity would not undermine the 
                        protection of intellectual property rights for 
                        clean technology, as formulated in the 
                        Agreement on Trade-Related Aspects of 
                        Intellectual Property Rights, referred to in 
                        section 101(d)(15) of the Uruguay Round 
                        Agreements Act (19 U.S.C. 3511(d)(15)), and 
                        applicable intellectual property provisions of 
                        bilateral trade agreements; and
                            (vii) the activity meets such other 
                        requirements as the interagency group 
                        determines appropriate to further the purposes 
                        of this title.
                    (D) Criteria preferences.--The criteria under 
                subparagraph (C) shall give preference to activities 
                that--
                            (i) promise to achieve large-scale 
                        greenhouse gas reductions, sequestration, or 
                        avoidance at a national, sectoral or cross-
                        sectoral level;
                            (ii) have the potential to catalyze a shift 
                        within the host country towards widespread 
                        deployment and commercialization of low- or 
                        zero-carbon energy technologies and to reduce 
                        energy poverty;
                            (iii) build technical and institutional 
                        capacity and other activities that are unlikely 
                        to be attractive to private sector funding;
                            (iv) maximize opportunities to leverage 
                        other sources of assistance and catalyze 
                        private-sector investment; or
                            (v) facilitate collaboration among the 
                        national laboratories, educational 
                        institutions, private sectors, local and 
                        national policymakers, and other technical and 
                        policy experts with respect to developing and 
                        commercializing clean and efficient energy 
                        technologies.
    (b) Administration of Assistance.--In administering assistance 
under this title, the interagency group shall work to ensure that such 
assistance is distributed in a manner that--
            (1) best promotes the participation of, and investments by, 
        the private sector;
            (2) is consistent with commitments made by the United 
        States under international climate agreements;
            (3) targets the reduction or elimination of the increased 
        costs associated with deploying clean technologies in place of 
        traditional technologies;
            (4) takes into consideration the assessments and 
        recommendations of the Expert Panel on Technology Deployment;
            (5) aligns activities under this section with broader 
        development, poverty alleviation, or natural resource 
        management objectives and initiatives in the recipient country;
            (6) increases clean energy access through the adoption and 
        the use of appropriate clean energy technologies that can also 
        increase community-level resilience and adaptation to the 
        impacts of climate change;
            (7) supports projects or programs that contain provisions 
        for cross-border sharing of experiences, including--
                    (A) a plan for how the funded project or program 
                will share experiences or lessons learned through 
                relevant institutions, agencies, partnerships, or 
                networks; and
                    (B) measures for local capacity building and access 
                for cross-visitation for appropriate interested 
                stakeholders and governments;
            (8) consider public-private partnerships, as appropriate, 
        to support collaborative efforts; and
            (9) provides exposure and market development assistance for 
        recipient entities assistance under this title and for the 
        corresponding technology, as appropriate.

TITLE III--INTERNATIONAL CLIMATE CHANGE ADAPTATION AND GLOBAL SECURITY 
                                PROGRAM

SEC. 301. DEFINITIONS.

    In this title:
            (1) Most vulnerable communities and populations.--The term 
        ``most vulnerable communities and populations'' means 
        communities and populations that are at risk of substantial 
        adverse impacts of climate change and have limited capacity to 
        respond to such impacts, including women, impoverished 
        communities, children, and indigenous peoples.
            (2) Most vulnerable developing countries.--The term ``most 
        vulnerable developing countries'' means, as determined by the 
        Administrator, developing countries that are at risk of 
        substantial adverse impacts of climate change and have limited 
        capacity to respond to such impacts, considering the approaches 
        included in any international treaties and agreements.
            (3) Nongovernmental organization.--The term 
        ``nongovernmental organization''--
                    (A) means organizations that are not part of a 
                governmental structure; and
                    (B) includes environmental groups, research 
                institutions, business groups, and associations of 
                urban and local governments.
            (4) Program.--The term ``Program'' means the International 
        Climate Change Adaptation and Global Security Program 
        established under section 303.
            (5) United nations framework convention on climate 
        change.--The term ``United Nations Framework Convention on 
        Climate Change'' or ``Convention'' means the United Nations 
        Framework Convention on Climate Change done at New York on May 
        9, 1992, and entered into force on March 21, 1994.

SEC. 302. PURPOSES.

    The purposes of this title are--
            (1) to provide new and additional assistance from the 
        United States to the most vulnerable developing countries, 
        particularly the most vulnerable communities and populations in 
        such countries, to support the development and implementation 
        of climate change adaptation programs and activities that 
        reduce the vulnerability and increase the resilience of 
        communities to climate change impacts, including impacts on 
        water availability, agricultural productivity, flood risk, 
        coastal resources, timing of seasons, biodiversity, economic 
        livelihoods, health and diseases, and human migration; and
            (2) to provide such assistance in a manner that protects 
        and promotes the national security, foreign policy, 
        environmental, and economic interests of the United States to 
        the extent such interests may be advanced by minimizing, 
        averting, or increasing resilience to climate change impacts.

SEC. 303. INTERNATIONAL CLIMATE CHANGE ADAPTATION AND GLOBAL SECURITY 
              PROGRAM.

    (a) Establishment.--The Secretary of State, in consultation with 
the Administrator, the Secretary of the Treasury, the Administrator of 
the Environmental Protection Agency, and the Secretary of Agriculture, 
shall establish an International Climate Change Adaptation and Global 
Security Program to provide assistance in accordance with the 
requirements of this title.
    (b) Supplement Not Supplant.--Assistance provided under this title 
shall be used to supplement, and not to supplant, any other Federal, 
State, or local resources available to carry out activities of the type 
carried out under the Program.

SEC. 304. DISTRIBUTION OF ASSISTANCE.

    (a) In General.--The Secretary of State, or such other Federal 
agency head as the President may designate, after consultation with the 
Secretary of the Treasury, the Administrator, the Administrator of the 
Environmental Protection Agency, and the Secretary of Agriculture shall 
direct assistance under the Program--
            (1) in the form of bilateral assistance pursuant to the 
        requirements under section 305;
            (2) to multilateral funds or international institutions 
        pursuant to the Convention or an agreement negotiated under the 
        Convention; or
            (3) through a combination of the mechanisms identified 
        under paragraphs (1) and (2).
    (b) Limitation.--
            (1) Conditional distribution to multilateral funds or 
        international institutions.--In any fiscal year, the Secretary 
        of State, or such other Federal agency head as the President 
        may designate, in consultation with the Administrator, the 
        Secretary of the Treasury, the Administrator of the 
        Environmental Protection Agency, and the Secretary of 
        Agriculture shall provide at least 40 percent and up to 60 
        percent of the assistance available to carry out the Program to 
        1 or more multilateral funds or international institutions that 
        meet the requirements of paragraph (2). The Secretary of State 
        shall notify the appropriate congressional committees not later 
        than 15 days before providing assistance to a multilateral fund 
        or international institution under this section.
            (2) Multilateral fund or international institution 
        eligibility.--A multilateral fund or international institution 
        is eligible to receive assistance under the Program--
                    (A) if--
                            (i) such fund or institution is established 
                        pursuant to--
                                    (I) the Convention; or
                                    (II) an agreement negotiated under 
                                the Convention; or
                            (ii) the assistance is directed to 1 or 
                        more multilateral funds or international 
                        development institutions, pursuant to an 
                        agreement negotiated under the Convention; and
                    (B) if such fund or institution--
                            (i) specifies the terms and conditions 
                        under which the United States is to provide 
                        assistance to the fund or institution, and 
                        under which the fund or institution is to 
                        provide assistance to recipient countries;
                            (ii) ensures that assistance from the 
                        United States to the fund or institution and 
                        the principal and income of the fund or 
                        institution are disbursed only for purposes 
                        that are consistent with the purposes described 
                        in section 302(1);
                            (iii) requires a regular meeting of a 
                        governing body of the fund or institution that 
                        includes representation from countries among 
                        the most vulnerable developing countries and 
                        provides public access;
                            (iv) requires that local communities, 
                        particularly the most vulnerable communities 
                        and populations in such communities, and 
                        indigenous peoples in areas in which any 
                        activities or programs are planned are engaged 
                        through adequate disclosure of information, 
                        public participation, and consultation, 
                        including full consideration of the 
                        interdependence of vulnerable communities and 
                        ecosystems to promote the resilience of local 
                        communities; and
                            (v) prepares and makes public an annual 
                        report that--
                                    (I) describes the process and 
                                methodology for selecting the 
                                recipients of assistance from the fund 
                                or institution, including assessments 
                                of socioeconomic and bio-physical 
                                vulnerability;
                                    (II) describes specific programs 
                                and activities supported by the fund or 
                                institution and the extent to which the 
                                assistance is addressing the adaptation 
                                needs of the most vulnerable developing 
                                countries, and the most vulnerable 
                                communities and populations therein;
                                    (III) describes the performance 
                                goals for assistance authorized under 
                                the fund or institution and expresses 
                                such goals in an objective and 
                                quantifiable form, to the extent 
                                practicable; and
                                    (IV) describes procedures taken to 
                                minimize detrimental environmental and 
                                natural resources impacts, while 
                                maximizing local adaptation ability.
    (c) Oversight.--
            (1) Distribution to multilateral funds or international 
        institutions.--The Secretary of State, or such other Federal 
        agency head as the President may designate, in consultation 
        with the Administrator, shall oversee the distribution of 
        assistance under the Program to a multilateral fund or 
        international institution under subsection (b).
            (2) Bilateral assistance.--The Administrator, in 
        consultation with the Secretary of State, shall oversee the 
        distribution of assistance available to carry out the Program 
        for bilateral assistance under section 305.

SEC. 305. BILATERAL ASSISTANCE.

    (a) Activities and Foreign Aid.--
            (1) In general.--Except to the extent inconsistent with 
        this title, the administrative authorities under the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2151 et seq.) shall apply to 
        the implementation of this title to the same extent and in the 
        same manner as such authorities apply to the implementation of 
        such Act in order to provide the Administrator with the 
        authority to--
                    (A) provide assistance to the most vulnerable 
                developing countries for--
                            (i) the development of national or regional 
                        climate change adaptation plans, including a 
                        systematic assessment of socioeconomic 
                        vulnerabilities in order to identify the most 
                        vulnerable communities and populations;
                            (ii) programs and activities to support the 
                        development of associated national policies;
                            (iii) planning, financing, and execution of 
                        adaptation programs and activities; and
                            (iv) the development of gender sensitive 
                        frameworks, strategies, and policies;
                    (B) support investments, capacity-building 
                activities, and other assistance, to reduce 
                vulnerability and promote community-level resilience 
                related to climate change and its impacts in the most 
                vulnerable developing countries, particularly of most 
                vulnerable communities and populations;
                    (C) support climate change adaptation research in 
                or for the most vulnerable developing countries;
                    (D) support the deployment of technologies to help 
                the most vulnerable developing countries respond to the 
                destabilizing impacts of climate change and encourage 
                the identification and adoption of appropriate 
                renewable and efficient energy technologies that are 
                beneficial in increasing community-level resilience to 
                the impacts of global climate change in those 
                countries;
                    (E) encourage the engagement of local communities, 
                particularly the most vulnerable communities and the 
                populations in such communities, through disclosure of 
                information, consultation, and their informed and 
                active participation relating to the development, 
                implementation, monitoring, and evaluation of plans, 
                programs, and activities to increase their resilience 
                to climate change impacts; and
                    (F) carry out other programs or activities, as 
                appropriate.
            (2) Eligible activities and programs.--In carrying out this 
        section, the Administrator may support activities and programs 
        to--
                    (A) promote resilience and adaptation to water 
                scarcity and for water and sanitation;
                    (B) support the enhancement and diversification of 
                agricultural, fishery, and other livelihoods and 
                promote food security and sustainable agricultural 
                development, particularly by addressing the needs, 
                knowledge, and capacities of small-scale farmers and 
                fishers, including increasing farms productivity and 
                adaptive capacity in an equitable and environmentally 
                sustainable manner;
                    (C) encourage the protection and rehabilitation of 
                natural ecosystems in order to provide increased 
                resilience to climate change for local communities and 
                livelihoods while protecting biodiversity and ecosystem 
                services;
                    (D) support disaster risk management, including 
                activities to reduce disaster risk and promote 
                community-level insurance programs;
                    (E) support investments and other assistance in 
                sustainable infrastructure, especially in urban areas 
                vulnerable to climate change and its impacts, including 
                support for activities relating to urban infrastructure 
                and transport, land management, urban sustainable 
                development strategies, and slum upgrading and 
                prevention;
                    (F) increase data access and strengthen early 
                warning systems; and
                    (G) support other programs and activities, as 
                appropriate.
            (3) Other considerations.--In carrying out this section, 
        the Administrator shall ensure that--
                    (A) the environmental impact of proposed activities 
                or programs is assessed through adequate consultation, 
                public participation, and disclosure of information;
                    (B) activities and programs avoid environmental 
                degradation, to the maximum extent practicable; and
                    (C) activities under this section are aligned, to 
                the extent practicable, with broader development, 
                poverty alleviation, or natural resource management 
                objectives and initiatives in the recipient country.
            (4) Limitations.--Not more than 10 percent of the 
        assistance made available to carry out bilateral assistance 
        under this title in any year may be distributed to support 
        activities in any single country.
            (5) Prioritizing assistance.--In providing assistance under 
        this section, the Administrator shall--
                    (A) give priority to countries, including the most 
                vulnerable communities and populations in such 
                countries, that are most vulnerable to the adverse 
                impacts of climate change, determined by the likelihood 
                and severity of such impacts and the country's capacity 
                to adapt to such impacts; and
                    (B) as appropriate, consider multi-year funding 
                arrangements in carrying out this title, particularly--
                            (i) if the risk of political, economic, or 
                        social instability due to climate change 
                        impacts poses a threat to the national security 
                        of the United States; or
                            (ii) to reduce vulnerability and increase 
                        resilience to climate change impacts in the 
                        context of carrying out long-term development 
                        objectives.
    (b) Community Engagement.--
            (1) In general.--The Administrator shall seek to ensure 
        that--
                    (A) seek to ensure that local communities, 
                particularly the most vulnerable communities and the 
                populations of such communities, in areas in which any 
                programs or activities are carried out pursuant to this 
                section, are engaged in, through disclosure of 
                information, public participation, and consultation, 
                the design, implementation, monitoring, and evaluation 
                of such programs and activities; and
                    (B) the needs and interests of the most vulnerable 
                communities and populations are addressed in national 
                or regional climate change adaptation plans.
            (2) Consultation and disclosure.--For each country 
        receiving assistance under this section, the Administrator 
        shall establish a process for consultation with, and disclosure 
        of information to, local, national, and international 
        stakeholders regarding any programs and activities carried out 
        pursuant to this section.
    (c) Initial Report.--Not later than 180 days after the date of the 
enactment of this Act, the Administrator, in consultation with the 
Secretary of State, shall submit an initial report to the President and 
the appropriate congressional committees that--
            (1) identifies the developing countries, including the most 
        vulnerable communities and the populations of such communities, 
        that are most vulnerable to climate change impacts and in which 
        assistance may have the greatest and most sustainable benefit 
        in reducing vulnerability to climate change; and
            (2) describes the process and methodology for selecting the 
        recipients of assistance under subsection (a)(1).
    (d) Funding Limitation.--Of the funds made available to carry out 
this section in any fiscal year, not more than 7 percent may be used 
for the administrative expenses of the United States Agency for 
International Development in support of activities described in this 
section. Such amount shall be in addition to other amounts otherwise 
available for such purposes.

                    TITLE IV--EVALUATION AND REPORTS

SEC. 401. MONITORING, EVALUATION, AND ENFORCEMENT.

    (a) Establishment of Monitoring and Evaluation System.--
            (1) In general.--The Strategic Interagency Board on 
        International Climate Investment (referred to in this title as 
        the ``Board'') shall establish and implement a system to 
        monitor and evaluate the effectiveness and efficiency of 
        assistance provided under this Act.
            (2) Evaluation criteria.--The system established under 
        paragraph (1) shall be designed to maximize the long-term 
        sustainable development impact of assistance provided under 
        this Act, by--
                    (A) including performance indicators to be used in 
                measuring or assessing the achievement of the purposes 
                of this Act;
                    (B) evaluating the extent to which the full 
                disclosure of information and consultation and informed 
                participation by local communities is achieved;
                    (C) evaluating the impacts of local community 
                participation on the goals and objectives of the 
                projects and programs implemented under this Act;
                    (D) evaluating the performance of activities 
                receiving assistance under this Act; and
                    (E) ensuring that each Federal agency is carrying 
                out their climate-related programs and activities in 
                developing countries in a coordinated manner that is--
                            (i) consistent with the purposes of this 
                        Act; and
                            (ii) aligned with the purposes and 
                        activities of such agency.
    (b) Requirements.--The Board--
            (1) in consultation with national governments in recipient 
        countries, shall--
                    (A) establish performance goals for assistance 
                authorized under this Act; and
                    (B) express such goals in an objective and 
                quantifiable form, to the extent practicable;
            (2) shall, as applicable establish and implement a system 
        to monitor the extent to which--
                    (A) assistance authorized under this Act--
                            (i) is meeting the purposes of this Act;
                            (ii) is addressing the adaptation needs of 
                        developing countries;
                            (iii) was used in the development of 
                        national or regional climate change adaptation 
                        plans, including conducting socioeconomic 
                        vulnerability assessments to identify the 
                        communities and populations most vulnerable to 
                        climate change; and
                            (iv) provided for disclosure of information 
                        to, consultation with, and informed 
                        participation by local communities;
                    (B) local communities participated in the design, 
                implementation, and evaluation of programs and 
                activities implemented pursuant to this Act;
                    (C) the political stability and security in 
                developing countries that face potentially 
                destabilizing forces, exacerbated by the impacts of 
                climate change, is improved; and
                    (D) such risks would pose a national security 
                threat to the United States;
            (3) shall provide a basis for recommendations for 
        adjustments to assistance authorized under this Act to enhance 
        the impact of such assistance.
    (c) Suspension or Termination of Assistance.--The Secretary of 
State may reduce, suspend, or terminate assistance authorized under 
this Act for any activity if the Secretary determines that the activity 
is not operating in compliance with the approved project or activity.

SEC. 402. REPORTS AND REVIEW.

    (a) Reports.--
            (1) Annual report.--Not later than 12 months after the date 
        of the enactment of this Act, and annually thereafter, the 
        Board shall--
                    (A) submit a report on the implementation of this 
                Act, including findings resulting from the monitoring 
                and evaluation of programs and activities under section 
                401, to--
                            (i) the President;
                            (ii) the Committee on Foreign Relations of 
                        the Senate;
                            (iii) the Committee on Environment and 
                        Public Works of the Senate;
                            (iv) the Committee on Foreign Affairs of 
                        the House of Representatives; and
                            (v) the Committee on Energy and Commerce of 
                        the House of Representatives; and
                    (B) make the reports described in this Act 
                available to the public.
            (2) Summary report.--The Chairperson of the Board shall 
        prepare a summary report that--
                    (A) describes the strategy that agencies shall 
                undertake to ensure that they carry out the purposes of 
                this Act;
                    (B) describes the activities undertaken by Federal 
                agencies to--
                            (i) accomplish the policy objectives 
                        described in section 2; and
                            (ii) cooperate with other nations, 
                        international organizations, and primary 
                        stakeholders, including local communities, 
                        nongovernmental organizations, and other 
                        populations that have been impacted or effected 
                        by climate change;
                    (C) summarizes the financial support provided under 
                this Act during the most recently completed fiscal 
                year;
                    (D) evaluates United States policies and foreign 
                assistance designed to accomplish the policy objectives 
                described in section 2;
                    (E) includes recommendations for improving 
                assistance policies and programs;
                    (F) describes any additional bilateral or 
                multilateral actions necessary to further the policy 
                objectives described in section 2; and
                    (G) includes recommendations for adjustments to 
                assistance authorized under this Act to enhance the 
                impact of such assistance.
            (3) Disaggregated reports.--Each of the Federal agencies 
        responsible for carrying out 1 or more assistance programs 
        authorized under title I, II, or III shall submit a report to 
        the Board and to the entities set forth in paragraph (1)(A) 
        that includes--
                    (A) a description of the amount and value of the 
                assistance provided during the most recently completed 
                fiscal year to each of the programs authorized under 
                titles I, II and III, as applicable;
                    (B) a description of each activity that received 
                assistance during such fiscal year, and a description 
                of the anticipated and actual outcomes;
                    (C) an assessment of the success of the assistance 
                provided under this Act to improving the technical and 
                institutional capacity to implement substantial 
                emissions reductions;
                    (D) an assessment of any adverse effects to human 
                health, safety, or welfare, the environment, or natural 
                resources as a result of activities receiving 
                assistance under this Act;
                    (E) a description of the extent to which global 
                climate change, through its potential negative impacts 
                on sensitive populations and natural resources in the 
                most vulnerable developing countries, may threaten, 
                cause, or exacerbate political, economic, 
                environmental, cultural, or social instability or 
                international conflict in those countries;
                    (F) a list of the developing countries, including 
                the most vulnerable communities and populations in such 
                countries, that are most vulnerable to climate change 
                impacts and in which assistance may have the greatest 
                and most sustainable benefit in reducing vulnerability 
                to climate change, including assistance in the form of 
                deploying technologies, investments, capacity building 
                activities, and other types of assistance for 
                adaptation to climate change impacts and approaches to 
                reduce greenhouse gases in ways expected to provide 
                community-level resilience to climate change impacts; 
                and
                    (G) if applicable--
                            (i) an estimate of the greenhouse gas 
                        emissions reductions, sequestration, or 
                        avoidance achieved by assistance provided under 
                        this title during the prior fiscal year;
                            (ii) an assessment of whether any amounts 
                        expended for the benefit of any qualifying 
                        activity undermined the protection of 
                        intellectual property rights for clean 
                        technology, as formulated in the Agreement on 
                        Trade-Related Aspects of Intellectual Property 
                        Rights, referred to in section 101(d)(15) of 
                        the Uruguay Round Agreements Act (19 U.S.C. 
                        3511(d)(15)) and applicable intellectual 
                        property provisions of bilateral trade 
                        agreements;
                            (iii) an assessment of the deployment of 
                        clean energy technologies in developing 
                        countries;
                            (iv) the impediments to market deployment 
                        of such technologies; and
                            (v) an assessment of the integration of 
                        representatives of the private sector and other 
                        interested groups in the development and 
                        commercialization of clean and efficient energy 
                        technologies.
            (4) International progress report.--Not later than 6 months 
        after the date of the enactment of this Act and annually 
        thereafter, the Secretary of State shall submit a report to 
        Congress that describes the progress made toward reaching an 
        international agreement in which--
                    (A) developed countries commit to an economy-wide 
                emission reduction or limitation;
                    (B) major emerging economies commit to actions 
                which result in substantial, quantified reductions from 
                their business-as-usual emissions pathway consistent 
                with achieving 2050 global emission reductions goals;
                    (C) developed countries and major emerging 
                economies commit to participate in robust measurement, 
                reporting, and verification procedures relating to 
                their internationally registered domestic actions; and
                    (D) there is a mechanism to which parties to the 
                agreement can address cases of noncompliance with the 
                obligations under the agreement described in 
                subparagraphs (A) through (C).
    (b) Reviews.--
            (1) In general.--Not later than 3 years after the date of 
        the enactment of this Act, and every 3 years thereafter, the 
        Board, in cooperation with the National Academy of Sciences and 
        other research and development institutions, as appropriate, 
        and drawing on, and being consistent with, reporting and 
        verification regimes in multilateral climate agreements to 
        which the United States is party, to the extent possible, shall 
        review the global needs and opportunities for climate change 
        investment in developing countries, including--
                    (A) any guidelines or rules established under this 
                Act to carry out titles I, II, and III;
                    (B) the progress of international adaptation among 
                the most vulnerable developing countries, including--
                            (i) the impacts of amounts expended under 
                        this Act;
                            (ii) the extent to which adaptation needs 
                        are addressed;
                            (iii) the best practices for adapting to 
                        climate change by promoting community-level 
                        resilience and social, economic, political, 
                        environmental, and cultural stability; and
                            (iv) any guidelines or rules established by 
                        the Administrator of the United States Agency 
                        for International Development to carry out 
                        title III;
                    (C) the progress of research, development, 
                deployment, diffusion, and transfer of clean energy 
                technologies, practices, and processes to developing 
                countries, including--
                            (i) the impact of amounts expended under 
                        this Act;
                            (ii) the extent to which clean energy needs 
                        for mitigation, clean energy access, and 
                        resilience building are met;
                            (iii) the best practices for meeting the 
                        objectives referred to in clause (ii);
                            (iv) any guidelines or rules established by 
                        the Administrator of the United States Agency 
                        for International Development to carry out 
                        title II; and
                            (v) recommendations for the heads of 
                        appropriate Federal departments and agencies on 
                        methods to streamline Federal programs and 
                        policies to improve the role of such 
                        departments and agencies in the development, 
                        commercialization, and improved knowledge 
                        sharing of clean energy technologies;
                    (D) the progress made through nationally 
                appropriate greenhouse gas mitigation policies and 
                actions in developing countries to reduce deforestation 
                and forest degradation and to conserve or restore 
                forest ecosystems, including an evaluation of the 
                effects on such progress from amounts expended under 
                this Act; and
                    (E) the role the United States plays in 
                deforestation and degradation through its purchase of 
                global commodities and the activities that could reduce 
                such role help to reduce global emissions from 
                deforestation.
            (2) Considerations.--In evaluating the progress referred to 
        in paragraph (1)(D), the Board shall take into consideration 
        the effects of activities receiving assistance under title I 
        on--
                    (A) total documented carbon stocks of each country 
                that directly or indirectly received assistance under 
                this Act compared with such country's national 
                deforestation baseline established under paragraphs (1) 
                and (2) of section 104(d);
                    (B) the number of countries with the capacity to 
                generate for sale instruments in the nature of offset 
                credits from forest-related activities, and the amount 
                of such activities;
                    (C) forest governance in each country that directly 
                or indirectly received support under this Act;
                    (D) indigenous peoples and forest-dependent 
                communities residing in areas affected by such 
                activities, including on the equitable sharing of 
                assistance as detailed in section 104(d)(6)(F);
                    (E) biodiversity and ecosystem services within 
                forested areas associated with the activities;
                    (F) subnational and international leakage; and
                    (G) any program or mechanism established under the 
                United Nations Framework Convention on Climate Change 
                related to greenhouse gas emissions from deforestation.

           TITLE V--REPORT ON MAJOR ECONOMIES CLIMATE ACTIONS

SEC. 501. REPORT.

    (a) In General.--The Secretary of State, working with the Strategic 
Interagency Board, shall prepare a biannual interagency report on 
climate change and energy policy for the 5 highest greenhouse gas 
emitting countries that are not members of the Organization for 
Economic Cooperation and Development (OECD).
    (b) Purposes.--The purposes of the report prepared under subsection 
(a) are--
            (1) to provide Congress and the American public with a 
        better understanding of the steps that the 5 highest greenhouse 
        gas emitting non-OECD countries are taking to reduce greenhouse 
        gas emissions;
            (2) to identify the means by which the United States can 
        assist such countries in achieving such a reduction; and
            (3) to assess the climate change and energy policy 
        commitments and actions of such countries.
    (c) Contents.--The report prepared under subsection (a) shall 
include--
            (1) a summary of the scope, rigor, and effectiveness of the 
        actions being taken by countries referred to in subsection (a) 
        to reduce greenhouse gas emissions;
            (2) a summary of the national or subnational plans, 
        policies, programs, laws, regulations, incentive mechanisms, 
        and other measures in such countries that are expected to 
        result in, or have resulted in, reductions in energy use and 
        greenhouse gas emissions, including--
                    (A) a description of the progress made or expected 
                in implementing such plans, policies, programs, laws, 
                regulations, incentive mechanisms, and other measures;
                    (B) where feasible, a quantification of the 
                contribution made by actions in these countries to 
                reduce greenhouse gas emissions;
                    (C) progress made in developing and reporting full 
                national greenhouse gas inventories; and
                    (D) estimates of the reductions in energy use and 
                greenhouse gas emissions achieved, or expected to be 
                achieved, as a result of such plans, policies, 
                programs, laws, regulations, incentive mechanisms, and 
                other measures; and
            (3) recommendations for areas in which United States 
        capacity building or other support could assist such countries 
        in improving implementation or compliance with such plans, 
        policies, programs, laws, regulations, incentive mechanisms, 
        and other measures, including--
                    (A) cooperation on technology transfer, joint 
                research, development, and deployment; and
                    (B) joint opportunities for the development of 
                intellectual property, including proposals for 
                financing such joint activities.
    (d) Submission to Congress.--Not later than 15 months after the 
date of the enactment of this Act, and every 6 months thereafter, the 
Secretary of State shall submit the report prepared under this section 
to--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Energy and Natural Resources of the 
        Senate;
            (3) the Committee on Environment and Public Works of the 
        Senate;
            (4) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (5) the Committee on Energy and Commerce of the House of 
        Representatives.
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