Office of the Special Presidential Envoy for Climate

Office of the Special Presidential Envoy for Climate

September 7, 2023
Office of the Special Presidential Envoy for Climate
Establishment
International Climate Change Negotiations
In November 2020, then President-elect Joe Biden
The United Nations Framework Convention of Climate
announced that he would appoint former Secretary of State
Change (UNFCCC) has been the principal forum for
John F. Kerry to serve in a new cabinet-level position of
cooperation among countries on greenhouse gas (GHG)-
Special Presidential Envoy for Climate (SPEC). The SPEC
induced climate change since its adoption in 1992. In
plays a key role in the policy President Biden subsequently
addition, other public policy architectures have emerged at
announced in Executive Order (E.O.) 14008 of January 27,
multiple scales: global, regional, national, and local, as well
2021, “Tackling the Climate Crisis at Home and Abroad,”
as public-private initiatives and transnational networks. Part
of this institutional diversity arises from the growing
that climate considerations shall be an essential
integration of climate change issues in other policy arenas
element of United States foreign policy and national
(e.g., economic development, trade agreements, technology
security [and that the] United States will work with
cooperation, and human rights).
other countries and partners, both bilaterally and
multilaterally, to put the world on a sustainable
SPEC Kerry’s diplomatic functions look to span these
climate pathway.
public policy architectures and arenas. SPEC Kerry has
attended the past two Conference of Parties (COP) (COP26
To help give effect to this policy, the SPEC is “[i]ntegrated
in Glasgow, UK; and COP27 in Sharm el-Sheikh, Egypt)
closely with the State Department’s existing expert staff
and is scheduled to attend COP28 in Dubai, United Arab
and personnel” and works with the Secretary of State, the
Emirates, in November-December 2023. In this role, he
Secretary of the Treasury, and other related agency heads
supports the activities of the U.S. principal negotiator for
“to elevate the issue of climate change and underscore the
the U.N. climate treaties, including the UNFCCC and its
commitment [the Biden] Administration will make toward
main subsidiary agreement, the 2015 Paris Agreement.
addressing it.” On January 20, 2021, Secretary Kerry was
sworn in as the SPEC, the first-ever cabinet-level position
Climate Finance
entirely dedicated to climate change to sit on the National
International cooperation on climate change policy has
Security Council. SPEC Kerry’s Office also includes two
increasingly focused on mobilizing public and private
Deputy Special Envoys for Climate: Rick Duke and Sue
investment and finance for mitigation and adaptation
Biniaz.
activities in developing countries, particularly those most
Purpose and Activities
vulnerable to the adverse effects of climate change.
International financial assistance has been a principal
The U.S. Department of State outlines the purpose of the
method used by governments to support actions to address
SPEC Office as being “charged with leading U.S.
global environmental problems in developing countries, as
diplomacy to address the climate crisis.” According to
they may not have comparable financial resources,
State, among the SPEC Office’s areas of focus are
technological expertise, or institutional capacity to deploy
environmentally protective measures on their own.
• constructive engagement in the Paris Agreement and
related agreements and processes;
The Biden Administration has pledged to increase annual
• driving global greenhouse gas emission reductions so as
U.S. climate financing to $11.4 billion annually, an amount
to keep a 1.5 degrees Celsius limit on temperature rise
it said was necessary “to support the countries and people
within reach;
that will be hit the hardest and that have the fewest
• enhancing adaptation and resilience to climate impacts;
resources to help them adapt.” Through diplomatic efforts,
• climate-aligning financial flows;
SPEC Kerry (along with Treasury Secretary Janet Yellen)
• driving overseas clean energy innovation and
has engaged in discussions on climate finance with
competitiveness; and
governmental, observer, and private-sector representatives
• better integrating climate and other areas, including the
to discuss financial needs with developing countries, the
ocean, biodiversity, the Arctic, and international
mobilization of finance with higher income countries, and
shipping and aviation activities.
private sector investment with various corporate and
financial institutions. SPEC Kerry and Secretary Yellen
For these purposes, SPEC Kerry has traveled to foreign
have also engaged in such discussions with the World Bank
countries to engage with government leaders, international
and the International Monetary Fund on institutional
institutions, and industry and stakeholder groups. During
reform.
his tenure, SPEC Kerry has focused particular attention on
international climate change negotiations, climate finance,
and engagement with other high-emitting countries, such as
China.
https://crsreports.congress.gov

Office of the Special Presidential Envoy for Climate
Engagement with China on Climate
Department appropriations bill on July 17, 2023. The bill
Most observers contend that global climate change cannot
includes a measure that, if enacted, would prohibit the State
be adequately addressed without the participation of both
Department from using funds appropriated for the
the United States and the People’s Republic of China, the
Diplomatic Programs account for special envoys, such as
world’s two largest economies and two highest GHG
the SPEC, that are not expressly authorized in statute or
emitters. The United States and other developed country
have not been appointed with the Senate’s advice and
delegations to the UNFCCC are largely allied about (1)
consent. The Senate Appropriations Committee’s State
pressing China to strengthen its pledge to abate its GHG
Department appropriations bill, reported on July 20, 2023,
emissions, (2) resisting China's positioning of itself as a
contains no such restriction.
“developing country,” thereby taking advantage of
flexibilities and climate finance opportunities afforded to
Congressional Considerations
these countries; and (3) confronting China's policies and
Some observers have expressed concern that the SPEC
practices that may provide it economic and trade
Office may undermine Secretary of State Antony Blinken
advantages.
and complicate policymaking and coordination on
international climate matters and other foreign policy
Climate change has emerged as one of the rare policy issues
issues. Further, some observers note that SPEC Kerry was
on which high-level officials from the two countries have
appointed without the advice and consent of the Senate,
spoken regularly over the past decade. In April 2021, SPEC
thus circumventing Congress’s role in executive oversight.
Kerry became the first senior Biden Administration official
Congress has since enacted the “Department of State
to travel to China. He and his Chinese counterpart issued a
Authorization Act of 2021” (Division E of P.L. 117-81),
joint statement saying they would “enhanc[e] their
which amended Section 1 of the State Department Basic
respective actions and cooperat[e] in multilateral
Authorities Act of 1956 (22 U.S.C. §2651a) to require such
processes.” SPEC Kerry traveled to China in July 2023 to
advice and consent regarding the appointment of State
re-engage with bilateral climate talks. In an interview with
Department special envoys who “exercis[e] significant
the New York Times, reported on July 6, 2023, SPEC Kerry
authority pursuant to the laws of the United States.”
said he intended to urge China to accelerate its phase-out of
coal, combat deforestation, and issue a plan to reduce
Some Members of Congress and various stakeholder groups
emissions of methane—topics China said it would address
have raised objections to what they view as the SPEC
under a 2021 joint agreement with the United States.
Office’s lack of transparency with respect to its activities,
spending, and staffing. For example, House Committee on
Structure and Budget
Oversight and Accountability Chair James Comer
Following the announcement in November 2020 of SPEC
transmitted a letter to Secretary Blinken in April 2023
Kerry’s appointment, then President-elect Biden’s transition
requesting documents and information related to the SPEC
team stated that SPEC Kerry’s “role will be fully integrated
budget, employees, and communications with third parties,
into the Biden-Harris administration’s broader diplomacy,
including environmental advocacy groups and foreign
which, as always, will be helmed by the [S]ecretary of
government officials. The letter stated that the Biden
State.” To this end, the SPEC Office is organized within the
Administration “has refused to respond” to similar requests
Office of the Secretary at the U.S. Department of State.
“for almost two years,” adding that the committee would
However, SPEC Kerry’s appointment also includes a seat
consider “other means, including compulsory process,” if
on the Principals Committee of the National Security
the State Department did not provide the requested
Council, and—as confirmed by SPEC Kerry at a July 13,
documents and information.
2023, House Committee on Foreign Affairs hearing—a
direct line of report to President Biden.
Private parties seeking information from the State
Department on the SPEC Office through the Freedom of
Table 1. Special Presidential Envoy for Climate
Information Act (FOIA) also have reported difficulty
Budget, FY2022-FY2024 Request
obtaining similar information. For example, the group
(In thousands of current U.S. dol ars)
Judicial Watch filed a lawsuit against the State Department
in September 2022, maintaining that the State Department
Account
FY2022
FY2023
FY2024
had “failed to respond adequately” to a July 2022 FOIA
Actual
Adjusted
Request
request seeking information about the SPEC. Judicial
Enacted
Watch subsequently posted information online it said it had
received from the State Department as a result of the
Diplomatic
16,726
16,747
16,801
lawsuit, including an organizational chart outlining SPEC’s
Programs
internal structure and staffing. A separate group,
Source: U.S. Department of State, Congressional Budget Justification
RealClearInvestigations, noted that the State Department
Appendix 1: Department of State Diplomatic Engagement, Fiscal Year
said it could not comply until April 2025 with a FOIA
2024, pp. 73, 364.
request filed in 2022 seeking information about how the
SPEC Office spent its 2022 budget resources.
As part of its FY2024 budget request, the State Department
called for $16.8 million for the SPEC office. This
CRS volunteer Cameron Kokesh assisted with this In Focus.
comprises a slight increase ($54,000, or 0.3%) from the
FY2023 enacted funding level (see Table 1). The House
Richard K. Lattanzio, Specialist in Environmental Policy
Appropriations Committee reported its version of a State
Cory R. Gill, Analyst in Foreign Affairs
https://crsreports.congress.gov

Office of the Special Presidential Envoy for Climate

IF12487

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you
wish to copy or otherwise use copyrighted material.

https://crsreports.congress.gov | IF12487 · VERSION 1 · NEW