USC Chapter 86

USC Chapter 86
in effect

22 U.S.C. § 7901 Definitions

In this chapter: (1) Carbon sequestrationThe term “carbon sequestration” means the capture of carbon dioxide through terrestrial, geological, biological, or other means, which prevents the release of carbon dioxide into the atmosphere. (2) Greenhouse gasThe term “greenhouse gas” means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. (3) Greenhouse gas intensityThe term “greenhouse gas intensity” means the ratio of greenhouse gas emissions to economic output.

22 U.S.C. § 7902 Reduction of greenhouse gas intensity

(a) Lead agency(1) In generalThe Department of State shall act as the lead agency for integrating into United States foreign policy the goal of reducing greenhouse gas intensity in developing countries. (2) Reports(A) Initial reportNot later than 180 days after August 8, 2005, the Secretary of State shall submit to the appropriate authorizing and appropriating committees of Congress an initial report, based on the most recent information available to the Secretary from reliable public sources, that identifies the 25 developing countries that are the largest greenhouse gas emitters, including for each country—(i) an estimate of the quantity and types of energy used; (ii) an estimate of the greenhouse gas intensity of the energy, manufacturing, agricultural, and transportation sectors; (iii) a description 11 So in original. Probably should be “description of”. the progress of any significant projects undertaken to reduce greenhouse gas intensity; (iv) a description of the potential for undertaking projects to reduce greenhouse gas intensity; (v) a description of any obstacles to the reduction of greenhouse gas intensity; and (vi) a description of the best practices learned by the Agency for International Development from conducting previous pilot and demonstration projects to reduce greenhouse gas intensity. (B) UpdateNot later than 18 months after the date on which the initial report is submitted under subparagraph (A), the Secretary shall submit to the appropriate authorizing and appropriating committees of Congress, based on the best information available to the Secretary, an update of the information provided in the initial report. (C) Use(i) Initial reportThe Secretary of State shall use the initial report submitted under subparagraph (A) to establish baselines for the developing countries identified in the report with respect to the information provided under clauses (i) and (ii) of that subparagraph. (ii) Annual reportsThe Secretary of State shall use the annual reports prepared under subparagraph (B) and any other information available to the Secretary to track the progress of the developing countries with respect to reducing greenhouse gas intensity. (b) ProjectsThe Secretary of State, in coordination with Administrator of the United States Agency for International Development, shall (directly or through agreements with the World Bank, the International Monetary Fund, the United States International Development Finance Corporation, and other development institutions) provide assistance to developing countries specifically for projects to reduce greenhouse gas intensity, including projects to—(1) leverage, through bilateral agreements, funds for reduction of greenhouse gas intensity; (2) increase private investment in projects and activities to reduce greenhouse gas intensity; and (3) expedite the deployment of technology to reduce greenhouse gas intensity. (c) FocusIn providing assistance under subsection (b), the Secretary of State shall focus on—(1) promoting the rule of law, property rights, contract protection, and economic freedom; and (2) increasing capacity, infrastructure, and training. (d) PriorityIn providing assistance under subsection (b), the Secretary of State shall give priority to projects in the 25 developing countries identified in the report submitted under subsection (a)(2)(A).

22 U.S.C. § 7903 Technology inventory for developing countries

(a) In generalThe Secretary of Energy, in coordination with the Secretary of State and the Secretary of Commerce, shall conduct an inventory of greenhouse gas intensity reducing technologies that are developed, or under development in the United States, to identify technologies that are suitable for transfer to, deployment in, and commercialization in the developing countries identified in the report submitted under section 7902(a)(2)(A) of this title. (b) ReportNot later than 180 days after the completion of the inventory under subsection (a), the Secretary of State and the Secretary of Energy shall jointly submit to Congress a report that—(1) includes the results of the completed inventory; (2) identifies obstacles to the transfer, deployment, and commercialization of the inventoried technologies; (3) includes results from previous Federal reports related to the inventoried technologies; and (4) includes an analysis of market forces related to the inventoried technologies.

22 U.S.C. § 7904 Trade-related barriers to export of greenhouse gas intensity reducing technologies

(a) In generalNot later than 1 year after August 8, 2005, the United States Trade Representative shall (as appropriate and consistent with applicable bilateral, regional, and mutual trade agreements)—(1) identify trade-relations barriers maintained by foreign countries to the export of greenhouse gas intensity reducing technologies and practices from the United States to the developing countries identified in the report submitted under section 7902(a)(2)(A) of this title; and (2) negotiate with foreign countries for the removal of those barriers. (b) Annual reportNot later than 1 year after the date on which a report is submitted under subsection (a)(1) and annually thereafter, the United States Trade Representative shall submit to Congress a report that describes any progress made with respect to removing the barriers identified by the United States Trade Representative under subsection (a)(1).

22 U.S.C. § 7905 Greenhouse Gas Intensity Reducing Technology Export Initiative

(a) In generalThere is established an interagency working group to carry out a Greenhouse Gas Intensity Reducing Technology Export Initiative to—(1) promote the export of greenhouse gas intensity reducing technologies and practices from the United States; (2) identify developing countries that should be designated as priority countries for the purpose of exporting greenhouse gas intensity reducing technologies and practices, based on the report submitted under section 7902(a)(2)(A) of this title; (3) identify potential barriers to adoption of exported greenhouse gas intensity reducing technologies and practices based on the reports submitted under section 7904 of this title; and (4) identify previous efforts to export energy technologies to learn best practices. (b) CompositionThe working group shall be composed of—(1) the Secretary of State, who shall act as the head of the working group; (2) the Administrator of the United States Agency for International Development; (3) the United States Trade Representative; (4) a designee of the Secretary of Energy; (5) a designee of the Secretary of Commerce; and (6) a designee of the Administrator of the Environmental Protection Agency. (c) Performance reviews and reportsNot later than 180 days after August 8, 2005, and each year thereafter, the interagency working group shall—(1) conduct a performance review of actions taken and results achieved by the Federal Government (including each of the agencies represented on the interagency working group) to promote the export of greenhouse gas intensity reducing technologies and practices from the United States; and (2) submit to the appropriate authorizing and appropriating committees of Congress a report that describes the results of the performance reviews and evaluates progress in promoting the export of greenhouse gas intensity reducing technologies and practices from the United States, including any recommendations for increasing the export of the technologies and practices.

22 U.S.C. § 7906 Technology demonstration projects

(a) In generalThe Secretary of State, in coordination with the Secretary of Energy and the Administrator of the United States Agency for International Development, shall promote the adoption of technologies and practices that reduce greenhouse gas intensity in developing countries in accordance with this section. (b) Demonstration projects(1) In generalThe Secretaries and the Administrator shall plan, coordinate, and carry out, or provide assistance for the planning, coordination, or carrying out of, demonstration projects under this section in at least 10 eligible countries, as determined by the Secretaries and the Administrator. (2) EligibilityA country shall be eligible for assistance under this subsection if the Secretaries and the Administrator determine that the country has demonstrated a commitment to—(A) just governance, including—(i) promoting the rule of law; (ii) respecting human and civil rights; (iii) protecting private property rights; and (iv) combating corruption; and (B) economic freedom, including economic policies that—(i) encourage citizens and firms to participate in global trade and international capital markets; (ii) promote private sector growth and the sustainable management of natural resources; and (iii) strengthen market forces in the economy. (3) SelectionIn determining which eligible countries to provide assistance to under paragraph (1), the Secretaries and the Administrator shall consider—(A) the opportunity to reduce greenhouse gas intensity in the eligible country; and (B) the opportunity to generate economic growth in the eligible country. (4) Types of projectsDemonstration projects under this section may include—(A) coal gasification, coal liquefaction, and clean coal projects; (B) carbon sequestration projects; (C) cogeneration technology initiatives; (D) renewable projects; and (E) lower emission transportation.

22 U.S.C. § 7907 Fellowship and exchange programs

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

22 U.S.C. § 7908 Authorization of appropriations

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

22 U.S.C. § 7909 Authorization for the Clean Technology Fund

(1) Limitations on authorization of appropriationsFor fiscal year 2010, up to $300,000,000 is authorized to be appropriated for a United States contribution to the Clean Technology Fund (the Fund). (2) Limits on country accessThe Secretary of the Treasury shall use the voice and vote of the United States to ensure that—(A) The Fund does not provide more than 15 percent of Fund resources to any one country; (B) Prior to the obligation of funds, recipient countries submit to the governing body of the Fund, and the governing body of the Fund appropriately reviews and considers, an investment plan that will achieve significant net reductions in national-level greenhouse gas emissions; (C) The investment plan for a recipient country, whose borrowing status is classified by the World Bank as “International Development Association (IDA) blend”, shall have at least 15 percent of its total cost for public sector activities contributed from the public funds of the recipient country, and any recipient country whose borrowing status is classified by the World Bank as “International Bank for Reconstruction and Development (IBRD) Only” status, shall have at least 25 percent of its total cost for public sector activities contributed from public funds of the recipient country; and (D) Assistance made available by the Fund is used exclusively to support the deployment of clean energy technologies in developing countries (including, where appropriate, through the provision of technical support or support for policy or institutional reforms) in a manner that achieves substantial net reductions in greenhouse gas emissions. (3) Repealed. Pub. L. 113–76, div. K, title VII, § 7034(i), Jan. 17, 2014, 128 Stat. 514 (4) DefinitionsFor purposes of this section—(A) Net reductionsThe term “net reductions” refers to the extent to which a project or program supported under this section results in lower greenhouse gas emissions than would be emitted by the same entity or sector in the same country in the absence of the Fund’s project, taking into account, unless impracticable, effects beyond the physical boundaries of the project or program that result from project or program activities. (B) Public sector activitiesThe term “public sector activities” may include sovereign loans assumed by the recipient country to contribute to the financing of the investment plan. (C) Clean energy technologyThe term “clean energy technology” means a technology that, as compared with technologies being deployed at that time for widespread commercial use in the country involved—(i) achieves substantial reductions in greenhouse gas emissions; (ii) does not result in significant incremental adverse effects on public health or the environment; and (iii) does one or more of the following:(I) generates electricity or useful thermal energy from a renewable resource; (II) substantially increases the energy efficiency of buildings, industrial, or agricultural processes, or of electricity transmission, distribution, or end-use consumption; or (III) substantially increases the energy efficiency of the transportation system or increases utilization of transportation fuels that have lifecycle greenhouse gas emissions that are substantially lower than those attributable to fossil fuel-based alternatives.

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