II

107TH CONGRESS

1ST SESSION S. 1008

To amend the Energy Policy Act of 1992 to develop the United States

Climate Change Response Strategy with the goal of stabilization of

greenhouse gas concentrations in the atmosphere at a level that would

prevent dangerous anthropogenic interference with the climate system,

while minimizing adverse short-term and long-term economic and social

impacts, aligning the Strategy with United States energy policy, and

promoting a sound national environmental policy, to establish a research

and development program that focuses on bold technological breakthroughs that make significant progress toward the goal of stabilization

of greenhouse gas concentrations, to establish the National Office of

Climate Change Response within the Executive Office of the President,

and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 8, 2001

Mr. BYRD (for himself and Mr. STEVENS) introduced the following bill; which

was read twice and referred to the Committee on Governmental Affairs

A BILL

To amend the Energy Policy Act of 1992 to develop the

United States Climate Change Response Strategy with

the goal of stabilization of greenhouse gas concentrations

in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system, while minimizing adverse short-term and long-term

economic and social impacts, aligning the Strategy with

United States energy policy, and promoting a sound national environmental policy, to establish a research and
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development program that focuses on bold technological

breakthroughs that make significant progress toward the

goal of stabilization of greenhouse gas concentrations,

to establish the National Office of Climate Change Response within the Executive Office of the President, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Climate Change Strat5 egy and Technology Innovation Act of 2001’’.

6 SEC. 2. FINDINGS.

7 Congress finds that—

8 (1) evidence continues to build that increases in

9 atmospheric concentrations of greenhouse gases are

10 contributing to global climate change;

11 (2) in 1992, the Senate ratified the United Na12 tions Framework Convention on Climate Change,

13 done at New York on May 9, 1992, the ultimate ob14 jective of which is the ‘‘stabilization of greenhouse

15 gas concentrations in the atmosphere at a level that

16 would prevent dangerous anthropogenic interference

17 with the climate system’’;

18 (3) although science currently cannot determine

19 precisely what atmospheric concentrations are ‘‘dan20 gerous’’, the current trajectory of greenhouse gas
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1 emissions will lead to a continued rise in greenhouse

2 gas concentrations in the atmosphere, not stabiliza3 tion;

4 (4) the remaining scientific uncertainties call

5 for temperance of human actions, but not inaction;

6 (5) greenhouse gases are associated with a wide

7 range of human activities, including energy produc8 tion, transportation, agriculture, forestry, manufac9 turing, buildings, and other activities;

10 (6) the economic consequences of poorly de11 signed climate change response strategies, or of in12 action, may cost the global economy trillions of dol13 lars;

14 (7) a large share of this economic burden would

15 be borne by the United States;

16 (8) stabilization of greenhouse gas concentra17 tions in the atmosphere will require transformational

18 change in the global energy system and other emit19 ting sectors at an almost unimaginable level—a

20 veritable industrial revolution is required;

21 (9) such a revolution can occur only if the revo22 lution is preceded by research and development that

23 leads to bold technological breakthroughs;

24 (10) over the decade preceding the date of en25 actment of this Act—
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1 (A) energy research and development

2 budgets in the public and private sectors have

3 declined precipitously and have not been fo4 cused on the climate change response challenge;

5 and

6 (B) the investments that have been made

7 have not been guided by a comprehensive strat8 egy;

9 (11) the negative trends in research and devel10 opment funding described in paragraph (10) must

11 be reversed with a focus on not only traditional en12 ergy research and development, but also bolder,

13 breakthrough research;

14 (12) much more progress could be made on the

15 issue of climate change if the United States were to

16 adopt a new approach for addressing climate change

17 that included, as an ultimate long-term goal—

18 (A) stabilization of greenhouse gas con19 centrations in the atmosphere at a level that

20 would prevent dangerous anthropogenic inter21 ference with the climate system; and

22 (B) a response strategy with 4 key ele23 ments consisting of—

24 (i) definition of interim emission miti25 gation targets coupled with specific mitiga-
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1 tion approaches that cumulatively yield

2 stabilized atmospheric greenhouse gas con3 centrations;

4 (ii) a national commitment—

5 (I) to double energy research and

6 development by the United States

7 public and private sectors; and

8 (II) in carrying out such research

9 and development, to provide a high

10 degree of emphasis on bold, break11 through technologies that will make

12 possible a profound transformation of

13 the energy, transportation, industrial,

14 agricultural, and building sectors of

15 the United States;

16 (iii) climate adaptation research that

17 focuses on response actions necessary to

18 adapt to climate change that may have oc19 curred or may occur under any future cli20 mate change scenario; and

21 (iv) continued research, building on

22 the substantial scientific understanding of

23 climate change that exists as of the date of

24 enactment of this Act, that focuses on re25 solving the remaining scientific, technical,
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1 and economic uncertainties, to aid in the

2 development of sound response strategies;

3 and

4 (13) inherent in each of the 4 key elements of

5 the response strategy is consideration of the inter6 national nature of the challenge, which will

7 require—

8 (A) establishment of joint climate response

9 strategies and joint research programs;

10 (B) assistance to developing countries and

11 countries in transition for building technical

12 and institutional capacities and incentives for

13 addressing the challenge; and

14 (C) promotion of public awareness of the

15 issue.

16 SEC. 3. PURPOSE.

17 The purpose of this Act is to implement the new ap18 proach described in section 2(12) by developing a national

19 focal point for climate change response through—

20 (1) the establishment of the National Office of

21 Climate Change Response within the Executive Of22 fice of the President (referred to in this section as

23 the ‘‘White House Office’’) to develop the United

24 States Climate Change Response Strategy (referred

25 to in this section as the ‘‘Strategy’’) that—
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1 (A) incorporates the 4 key elements of that

2 new approach;

3 (B) is supportive of and integrated in the

4 overall energy, transportation, industrial, agri5 cultural, forestry, and environmental policies of

6 the United States;

7 (C) takes into account—

8 (i) the diversity of energy sources and

9 technologies;

10 (ii) supply-side and demand-side solu11 tions; and

12 (iii) national infrastructure, energy

13 distribution, and transportation systems;

14 (D) provides for the inclusion and equi15 table participation of Federal, State, tribal, and

16 local government agencies, nongovernmental or17 ganizations, academia, scientific bodies, indus18 try, the public, and other interested parties;

19 (E) incorporates new models of Federal20 State cooperation;

21 (F) defines a comprehensive energy tech22 nology research and development program

23 that—

24 (i) recognizes the important contribu25 tions that research and development pro-
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1 grams in existence on the date of enact2 ment of this Act make toward addressing

3 the climate change response challenge; and

4 (ii) includes an additional research

5 and development agenda that focuses on

6 the bold, breakthrough technologies that

7 are critical to the long-term stabilization of

8 greenhouse gas concentrations in the at9 mosphere;

10 (G) includes consideration of other efforts

11 to address critical environmental and health

12 concerns, including clean air, clean water, and

13 responsible land use policies; and

14 (H) incorporates initiatives to promote the

15 deployment of clean energy technologies devel16 oped in the United States and abroad;

17 (2) the establishment of the Interagency Task

18 Force, chaired by the Director of the White House

19 Office, to serve as the primary mechanism through

20 which the heads of Federal agencies work together

21 to develop and implement the Strategy;

22 (3) the establishment of the Office of Carbon

23 Management and the Center for Strategic Climate

24 Change Response within the Department of

25 Energy—
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1 (A) to manage, as their primary responsi2 bility, an innovative research and development

3 program that focuses on the bold, breakthrough

4 technologies that are critical to the long-term

5 stabilization of greenhouse gas concentrations

6 in the atmosphere; and

7 (B) to provide analytical support and data

8 to the White House Office, other agencies, and

9 the public;

10 (4) the establishment of an independent review

11 board—

12 (A) to review the Strategy and annually

13 assess United States and international progress

14 toward the goal of stabilization of greenhouse

15 gas concentrations in the atmosphere at a level

16 that would prevent dangerous anthropogenic in17 terference with the climate system; and

18 (B) to assess—

19 (i) the performance of each Federal

20 agency that has responsibilities under the

21 Strategy; and

22 (ii) the adequacy of the budget of

23 each such Federal agency to fulfill the re24 sponsibilities of the Federal agency under

25 the Strategy; and
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1 (5) the establishment of offices in, or the car2 rying out of activities by, the Department of Agri3 culture, the Department of Transportation, the En4 vironmental Protection Agency, and other Federal

5 agencies as necessary to carry out the amendment

6 made by section 4.

7 SEC. 4. UNITED STATES CLIMATE CHANGE STRATEGY AND

8 TECHNOLOGY INNOVATION.

9 Title XVI of the Energy Policy Act of 1992 (42

10 U.S.C. 13381 et seq.) is amended—

11 (1) by inserting after the title heading the fol12 lowing:

13 ‘‘Subtitle A—General Provisions’’;

14 and

15 (2) by adding at the end the following:

16 ‘‘Subtitle B—United States Climate

17 Change Strategy and Tech18 nology Innovation

19 ‘‘SEC. 1621. DEFINITIONS.

20 ‘‘In this subtitle:

21 ‘‘(1) CENTER.—The term ‘Center’ means the

22 Center for Strategic Climate Change Response es23 tablished by section 1624(e).

24 ‘‘(2) CLIMATE-FRIENDLY TECHNOLOGY.—The

25 term ‘climate-friendly technology’ means any energy
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1 supply or end-use technology that, over the life of

2 the technology and compared to similar technology

3 in commercial use as of the date of enactment of

4 this subtitle—

5 ‘‘(A) results in reduced emissions of green6 house gases;

7 ‘‘(B) may substantially lower emissions of

8 other pollutants; and

9 ‘‘(C) may generate substantially smaller or

10 less hazardous quantities of solid or liquid

11 waste.

12 ‘‘(3) DEPARTMENT.—The term ‘Department’

13 means the Department of Energy.

14 ‘‘(4) DEPARTMENT OFFICE.—The term ‘De15 partment Office’ means the Office of Carbon Man16 agement of the Department established by section

17 1624(a).

18 ‘‘(5) FEDERAL AGENCY.—The term ‘Federal

19 agency’ has the meaning given the term ‘agency’ in

20 section 551 of title 5, United States Code.

21 ‘‘(6) GREENHOUSE GAS.—The term ‘greenhouse

22 gas’ means an anthropogenic gaseous constituent of

23 the atmosphere that absorbs and re-emits infrared

24 radiation.
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1 ‘‘(7) INTERAGENCY TASK FORCE.—The term

2 ‘Interagency Task Force’ means the United States

3 Climate Change Response Interagency Task Force

4 established under section 1623(d).

5 ‘‘(8) KEY ELEMENT.—The term ‘key element’,

6 with respect to the Strategy, means—

7 ‘‘(A) definition of interim emission mitiga8 tion targets coupled with specific mitigation ap9 proaches that cumulatively result in stabiliza10 tion of greenhouse gas concentrations;

11 ‘‘(B) a national commitment—

12 ‘‘(i) to double energy research and de13 velopment by the United States public and

14 private sectors; and

15 ‘‘(ii) in carrying out such research

16 and development, to provide a high degree

17 of emphasis on bold, breakthrough tech18 nologies that will make possible a profound

19 transformation of the energy, transpor20 tation, industrial, agricultural, and build21 ing sectors of the United States;

22 ‘‘(C) climate adaptation research that fo23 cuses on response actions necessary to adapt to

24 climate change that may have occurred or may
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1 occur under any future climate change scenario;

2 and

3 ‘‘(D) research that focuses on resolving the

4 remaining scientific, technical, and economic

5 uncertainties associated with climate change to

6 the extent that those uncertainties bear on

7 strategies to achieve the long-term goal of sta8 bilization of greenhouse gas concentrations.

9 ‘‘(9) QUALIFIED INDIVIDUAL.—

10 ‘‘(A) IN GENERAL.—The term ‘qualified

11 individual’ means an individual who has dem12 onstrated expertise and leadership skills to

13 draw on other experts in diverse fields of knowl14 edge that are relevant to addressing the climate

15 change response challenge.

16 ‘‘(B) FIELDS OF KNOWLEDGE.—The fields

17 of knowledge referred to in subparagraph (A)

18 are—

19 ‘‘(i) the science of primary and sec20 ondary climate change impacts;

21 ‘‘(ii) energy and environmental eco22 nomics;

23 ‘‘(iii) technology transfer and diffu24 sion;
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1 ‘‘(iv) the social dimensions of climate

2 change;

3 ‘‘(v) climate change adaptation strate4 gies;

5 ‘‘(vi) fossil, nuclear, and renewable en6 ergy technology;

7 ‘‘(vii) energy efficiency and energy

8 conservation;

9 ‘‘(viii) energy systems integration;

10 ‘‘(ix) engineered and terrestrial car11 bon sequestration;

12 ‘‘(x) transportation, industrial, and

13 building sector concerns;

14 ‘‘(xi) regulatory and market-based

15 mechanisms for addressing climate change;

16 ‘‘(xii) risk and decision analysis;

17 ‘‘(xiii) strategic planning; and

18 ‘‘(xiv) the international implications of

19 climate change response strategies.

20 ‘‘(10) REVIEW BOARD.—The term ‘Review

21 Board’ means the United States Climate Change

22 Response Strategy Review Board established by sec23 tion 1626.

24 ‘‘(11) SECRETARY.—The term ‘Secretary’

25 means the Secretary of Energy.
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1 ‘‘(12) STABILIZATION OF GREENHOUSE GAS

2 CONCENTRATIONS.—The term ‘stabilization of

3 greenhouse gas concentrations’ means the stabiliza4 tion of greenhouse gas concentrations in the atmos5 phere at a level that would prevent dangerous an6 thropogenic interference with the climate system, as

7 contemplated by the United Nations Framework

8 Convention on Climate Change, done at New York

9 on May 9, 1992.

10 ‘‘(13) STRATEGY.—The term ‘Strategy’ means

11 the United States Climate Change Response Strat12 egy developed under section 1622.

13 ‘‘(14) WHITE HOUSE OFFICE.—The term

14 ‘White House Office’ means the National Office of

15 Climate Change Response of the Executive Office of

16 the President established by section 1623(a).

17 ‘‘SEC. 1622. UNITED STATES CLIMATE CHANGE RESPONSE

18 STRATEGY.

19 ‘‘(a) IN GENERAL.—The Director of the White House

20 Office shall develop the United States Climate Change Re21 sponse Strategy, which shall—

22 ‘‘(1) have the long-term goal of stabilization of

23 greenhouse gas concentrations;

24 ‘‘(2) build on the 4 key elements;
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1 ‘‘(3) be developed on the basis of an examina2 tion of a broad range of emission reduction targets

3 and implementation dates (including those con4 templated by the United Nations Framework Con5 vention on Climate Change, done at New York on

6 May 9, 1992) that culminate in the stabilization of

7 greenhouse gas concentrations;

8 ‘‘(4) incorporate mitigation approaches to re9 duce, avoid, and sequester greenhouse gas emissions;

10 ‘‘(5) include an evaluation of whether and how

11 each emission reduction target and implementation

12 date achieves the emission reductions in an economi13 cally and environmentally sound manner;

14 ‘‘(6) be consistent with the goals of energy,

15 transportation, industrial, agricultural, forestry, en16 vironmental, and other relevant policies of the

17 United States;

18 ‘‘(7) have a scope that considers the totality of

19 United States public, private, and public-private sec20 tor actions that bear on the long-term goal;

21 ‘‘(8) be based on an evaluation of a wide range

22 of approaches for achieving the long-term goal, in23 cluding evaluation of—
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1 ‘‘(A) a variety of cost-effective Federal and

2 State policies, programs, standards, and incen3 tives;

4 ‘‘(B) policies that integrate and promote

5 innovative, market-based solutions in the

6 United States and in foreign countries; and

7 ‘‘(C) participation in other international

8 institutions, or in the support of international

9 activities, that are established or conducted to

10 facilitate stabilization of greenhouse gas con11 centrations;

12 ‘‘(9) in the final recommendations of the Strat13 egy, emphasize response strategies that achieve the

14 long-term goal and provide specific recommendations

15 concerning—

16 ‘‘(A) measures determined to be appro17 priate for short-term implementation, giving

18 preference to cost-effective and technologically

19 feasible measures that will—

20 ‘‘(i) produce measurable net reduc21 tions in United States emissions that lead

22 toward achievement of the long-term goal;

23 and
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1 ‘‘(ii) minimize any adverse short-term

2 and long-term economic and social impacts

3 on the United States;

4 ‘‘(B) the development of technologies that

5 have the potential for long-term

6 implementation—

7 ‘‘(i) giving preference to technologies

8 that have the potential to reduce signifi9 cantly the overall cost of stabilization of

10 greenhouse gas concentrations; and

11 ‘‘(ii) considering a full range of energy

12 sources, energy conversion and use tech13 nologies, and efficiency options;

14 ‘‘(C) such changes in institutional and

15 technology systems as are necessary to adapt to

16 climate change in the short term and the long

17 term;

18 ‘‘(D) such review, modification, and en19 hancement of the scientific, technical, and eco20 nomic research efforts of the United States,

21 and improvements to the data resulting from

22 research, as are appropriate to improve the ac23 curacy of predictions concerning climate change

24 and the economic and social costs and opportu25 nities relating to climate change; and
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1 ‘‘(E) changes that should be made to

2 project and grant evaluation criteria under

3 other Federal research and development pro4 grams so that those criteria do not inhibit de5 velopment of climate-friendly technologies;

6 ‘‘(10) be developed in a manner that provides

7 for meaningful participation by, and consultation

8 among, Federal, State, tribal, and local government

9 agencies, nongovernmental organizations, academia,

10 scientific bodies, industry, the public, and other in11 terested parties in accordance with subsections

12 (b)(4)(C)(iv)(II) and (d)(3)(B)(iii) of section 1623;

13 ‘‘(11) address how the United States should en14 gage State, tribal, and local governments in devel15 oping and carrying out a response to climate change;

16 ‘‘(12) promote, to the maximum extent prac17 ticable, public awareness, outreach, and information18 sharing to further the understanding of the full

19 range of climate change-related issues;

20 ‘‘(13) include recommendations for legislative

21 and administrative actions necessary to implement

22 the Strategy;

23 ‘‘(14) serve as a framework for climate change

24 response actions by all Federal agencies;
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1 ‘‘(15) recommend which Federal agencies are,

2 or should be, responsible for the various aspects of

3 implementation of the Strategy and any budgetary

4 implications;

5 ‘‘(16) address how the United States should en6 gage foreign governments in developing an inter7 national response to climate change; and

8 ‘‘(17) be subject to review by an independent

9 review board in accordance with section 1626.

10 ‘‘(b) SUBMISSION TO CONGRESS.—Not later than 1

11 year after the date of enactment of this subtitle, the Presi12 dent shall submit to Congress the Strategy.

13 ‘‘(c) UPDATING.—Not later than 2 years after the

14 date of submission of the Strategy to Congress under sub15 section (b), and at the end of each 2-year period there16 after, the President shall submit to Congress an updated

17 version of the Strategy.

18 ‘‘(d) PROGRESS REPORTS.—Not later than 1 year

19 after the date of submission of the Strategy to Congress

20 under subsection (b), and at the end of each 1-year period

21 thereafter, the President shall submit to Congress a report

22 that—

23 ‘‘(1) describes the progress on implementation

24 of the Strategy; and
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1 ‘‘(2) provides recommendations for improve2 ment of the Strategy and the implementation of the

3 Strategy.

4 ‘‘(e) ALIGNMENT WITH ENERGY, TRANSPORTATION,

5 INDUSTRIAL, AGRICULTURAL, FORESTRY, AND OTHER

6 POLICIES.—The President, the Director of the White

7 House Office, the Secretary, and the other members of

8 the Interagency Task Force shall work together to align

9 the actions carried out under the Strategy and actions as10 sociated with the energy, transportation, industrial, agri11 cultural, forestry, and other relevant policies of the United

12 States so that the objectives of both the Strategy and the

13 policies are met without compromising the climate change14 related goals of the Strategy or the goals of the policies.

15 ‘‘(f) NATIONAL LABORATORY CERTIFICATION.—

16 ‘‘(1) IN GENERAL.—The directors of the major

17 national laboratories of the Department specified in

18 paragraph (3) shall annually meet with the Presi19 dent and individually and simultaneously certify

20 whether the energy technology research and develop21 ment programs of the United States collectively are

22 technically and financially on a trajectory that is

23 consistent with—

24 ‘‘(A) the directions and progress outlined

25 in the Strategy; and
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1 ‘‘(B) the long-term goal of stabilization of

2 greenhouse gas concentrations.

3 ‘‘(2) EFFECT OF NEGATIVE CERTIFICATION.—If

4 the certification described in paragraph (1) is in the

5 negative, the directors shall submit to the President

6 a report that—

7 ‘‘(A) specifies the reasons why the certifi8 cation is in the negative; and

9 ‘‘(B) describes corrective actions that must

10 be taken so that the certification can be made

11 in the affirmative.

12 ‘‘(3) DIRECTORS OF MAJOR NATIONAL LABORA13 TORIES AFFILIATED WITH SCIENCE AND ENERGY

14 PROGRAMS.—The directors of the national labora15 tories that shall participate in the certification under

16 this subsection are the director of each of—

17 ‘‘(A) the Argonne National Laboratory;

18 ‘‘(B) the Lawrence Berkeley National Lab19 oratory;

20 ‘‘(C) the National Energy Technology Lab21 oratory;

22 ‘‘(D) the National Renewable Energy Lab23 oratory;

24 ‘‘(E) the Oak Ridge National Laboratory;

25 and
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1 ‘‘(F) the Pacific Northwest National Lab2 oratory.

3 ‘‘(4) COORDINATION.—The director of the Na4 tional Energy Technology Laboratory shall serve as

5 coordinator of the group of the directors of the na6 tional laboratories specified in paragraph (3).

7 ‘‘SEC. 1623. NATIONAL OFFICE OF CLIMATE CHANGE RE8 SPONSE OF THE EXECUTIVE OFFICE OF THE

9 PRESIDENT.

10 ‘‘(a) ESTABLISHMENT.—

11 ‘‘(1) IN GENERAL.—There is established, within

12 the Executive Office of the President, the National

13 Office of Climate Change Response.

14 ‘‘(2) FOCUS.—The White House Office shall

15 have the focus of achieving the long-term goal of

16 stabilization of greenhouse gas concentrations while

17 minimizing adverse short-term and long-term eco18 nomic and social impacts.

19 ‘‘(3) DUTIES.—Consistent with paragraph (2),

20 the White House Office shall—

21 ‘‘(A) establish policies, objectives, and pri22 orities for the Strategy;

23 ‘‘(B) in accordance with subsection (d), es24 tablish the Interagency Task Force to serve as

25 the primary mechanism through which the
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1 heads of Federal agencies shall assist the Direc2 tor of the White House Office in developing and

3 implementing the Strategy;

4 ‘‘(C) to the maximum extent practicable,

5 ensure that the Strategy is based on objective,

6 quantitative analysis, drawing on the analytical

7 capabilities of Federal and State agencies, espe8 cially the Center;

9 ‘‘(D) advise the President concerning nec10 essary changes in organization, management,

11 budgeting, and personnel allocation of Federal

12 agencies involved in climate change response ac13 tivities; and

14 ‘‘(E) notify a Federal agency if the policies

15 and discretionary programs of the agency are

16 not well aligned with, or are not contributing

17 effectively to, the long-term goal of stabilization

18 of greenhouse gas concentrations.

19 ‘‘(b) DIRECTOR OF THE WHITE HOUSE OFFICE.—

20 ‘‘(1) IN GENERAL.—The White House Office

21 shall be headed by a Director, who shall report di22 rectly to the President.

23 ‘‘(2) APPOINTMENT.—The Director of the

24 White House Office shall be a qualified individual
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1 appointed by the President, by and with the advice

2 and consent of the Senate.

3 ‘‘(3) TERM; VACANCIES.—

4 ‘‘(A) TERM.—The Director of the White

5 House Office shall be appointed for a term of

6 4 years.

7 ‘‘(B) VACANCIES.—A vacancy in the posi8 tion of Director of the White House Office shall

9 be filled in the same manner as the original ap10 pointment was made.

11 ‘‘(4) DUTIES OF THE DIRECTOR OF THE WHITE

12 HOUSE OFFICE.—

13 ‘‘(A) STRATEGY.—In accordance with sec14 tion 1622, the Director of the White House Of15 fice shall coordinate the development and up16 dating of the Strategy.

17 ‘‘(B) INTERAGENCY TASK FORCE.—The

18 Director of the White House Office shall serve

19 as Chairperson of the Interagency Task Force.

20 ‘‘(C) ADVISORY DUTIES.—

21 ‘‘(i) CLIMATE, ENERGY, TRANSPOR22 TATION, INDUSTRIAL, AGRICULTURAL,

23 BUILDING, FORESTRY, AND OTHER PRO24 GRAMS.—The Director of the White House

25 Office, using an integrated perspective con-
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1 sidering the totality of actions in the

2 United States, shall advise the President

3 and the heads of Federal agencies on—

4 ‘‘(I) the extent to which United

5 States energy, transportation, indus6 trial, agricultural, forestry, building,

7 and other relevant programs are capa8 ble of producing progress on the long9 term goal of stabilization of green10 house gas concentrations; and

11 ‘‘(II) the extent to which pro12 posed or newly created energy, trans13 portation, industrial, agricultural, for14 estry, building, and other relevant

15 programs positively or negatively af16 fect the ability of the United States to

17 achieve the long-term goal of stabiliza18 tion of greenhouse gas concentrations.

19 ‘‘(ii) TAX, TRADE, AND FOREIGN

20 POLICIES.—The Director of the White

21 House Office, using an integrated perspec22 tive considering the totality of actions in

23 the United States, shall advise the Presi24 dent and the heads of Federal agencies

25 on—
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1 ‘‘(I) the extent to which the

2 United States tax policy, trade policy,

3 and foreign policy are capable of pro4 ducing progress on the long-term goal

5 of stabilization of greenhouse gas con6 centrations; and

7 ‘‘(II) the extent to which pro8 posed or newly created tax policy,

9 trade policy, and foreign policy posi10 tively or negatively affect the ability of

11 the United States to achieve the long12 term goal of stabilization of green13 house gas concentrations.

14 ‘‘(iii) INTERNATIONAL TREATIES.—

15 The Secretary of State, acting in conjunc16 tion with the Interagency Task Force and

17 using the analytical tools available to the

18 White House Office, shall provide to the

19 Director of the White House Office an

20 opinion that—

21 ‘‘(I) specifies the economic and

22 environmental costs and benefits of

23 any proposed international treaties or

24 components of treaties that have an
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1 influence on greenhouse gas manage2 ment; and

3 ‘‘(II) assesses the extent to which

4 the treaties advance the long-term

5 goal of stabilization of greenhouse gas

6 concentrations, while minimizing ad7 verse short-term and long-term eco8 nomic and social impacts and consid9 ering other impacts.

10 ‘‘(iv) CONSULTATION.—

11 ‘‘(I) WITH MEMBERS OF INTER12 AGENCY TASK FORCE.—To the extent

13 practicable and appropriate, the Di14 rector of the White House Office shall

15 consult with all members of the Inter16 agency Task Force and other inter17 ested parties before providing advice

18 to the President.

19 ‘‘(II) WITH OTHER INTERESTED

20 PARTIES.—The Director of the White

21 House Office shall establish a process

22 for obtaining the meaningful partici23 pation of Federal, State, tribal, and

24 local government agencies, nongovern25 mental organizations, academia, sci-
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1 entific bodies, industry, the public,

2 and other interested parties in the

3 formulation of advice to be provided

4 to the President.

5 ‘‘(D) PUBLIC EDUCATION, AWARENESS,

6 OUTREACH, AND INFORMATION-SHARING.—The

7 Director of the White House Office, to the max8 imum extent practicable, shall promote public

9 awareness, outreach, and information-sharing

10 to further the understanding of the full range

11 of climate change-related issues.

12 ‘‘(5) ANNUAL REPORTS.—The Director of the

13 White House Office, in consultation with the Inter14 agency Task Force and other interested parties,

15 shall prepare an annual report for submission by the

16 President to Congress that—

17 ‘‘(A) assesses progress in implementation

18 of the Strategy;

19 ‘‘(B) assesses progress, in the United

20 States and in foreign countries, toward the

21 long-term goal of stabilization of greenhouse

22 gas concentrations;

23 ‘‘(C) assesses progress toward meeting cli24 mate change-related international obligations;
30

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1 ‘‘(D) makes recommendations for actions

2 by the Federal Government designed to close

3 any gap between progress-to-date and the meas4 ures that are necessary to achieve the long-term

5 goal of stabilization of greenhouse gas con6 centrations; and

7 ‘‘(E) addresses the totality of actions in

8 the United States that relate to the 4 key ele9 ments.

10 ‘‘(6) ANALYSIS.—During development of the

11 Strategy, preparation of the annual reports sub12 mitted under paragraph (5), and provision of advice

13 to the President and the heads of Federal agencies,

14 the Director of the White House Office shall place

15 significant emphasis on the use of objective, quan16 titative analysis, taking into consideration any un17 certainties associated with the analysis.

18 ‘‘(c) STAFF.—

19 ‘‘(1) IN GENERAL.—The Director of the White

20 House Office shall employ a professional staff of not

21 more than 25 individuals to carry out the duties of

22 the White House Office.

23 ‘‘(2) INTERGOVERNMENTAL PERSONNEL AND

24 FELLOWSHIPS.—The Director of the White House

25 Office may use the authority provided by the Inter-
31

•S 1008 IS

1 governmental Personnel Act of 1970 (42 U.S.C.

2 4701 et seq.) and subchapter VI of chapter 33 of

3 title 5, United States Code, and fellowships, to ob4 tain staff from academia, scientific bodies, private

5 industry, nongovernmental organizations, other De6 partment programs, other Federal agencies, and na7 tional laboratories, for appointments of a limited

8 term.

9 ‘‘(d) INTERAGENCY TASK FORCE.—

10 ‘‘(1) IN GENERAL.—The Director of the White

11 House Office shall establish the United States Cli12 mate Change Response Interagency Task Force.

13 ‘‘(2) COMPOSITION.—The Interagency Task

14 Force shall be composed of—

15 ‘‘(A) the Director of the White House Of16 fice, who shall serve as Chairperson;

17 ‘‘(B) the Secretary of State;

18 ‘‘(C) the Secretary;

19 ‘‘(D) the Secretary of Commerce;

20 ‘‘(E) the Secretary of the Treasury;

21 ‘‘(F) the Secretary of Transportation;

22 ‘‘(G) the Secretary of Agriculture;

23 ‘‘(H) the Administrator of the Environ24 mental Protection Agency;
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•S 1008 IS

1 ‘‘(I) the Administrator of the Agency for

2 International Development;

3 ‘‘(J) the United States Trade Representa4 tive;

5 ‘‘(K) the National Security Advisor;

6 ‘‘(L) the Director of the National Eco7 nomic Council;

8 ‘‘(M) the Chairman of the Council on En9 vironmental Quality;

10 ‘‘(N) the Director of the Office of Science

11 and Technology Policy;

12 ‘‘(O) the Chairperson of the Subcommittee

13 on Global Change Research (which performs

14 the functions of the Committee on Earth and

15 Environmental Sciences established by section

16 102 of the Global Change Research Act of 1990

17 (15 U.S.C. 2932)); and

18 ‘‘(P) the heads of such other Federal agen19 cies as the Chairperson determines should be

20 members of the Interagency Task Force.

21 ‘‘(3) STRATEGY.—

22 ‘‘(A) IN GENERAL.—The Interagency Task

23 Force shall serve as the primary forum through

24 which the Federal agencies represented on the

25 Interagency Task Force jointly—
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1 ‘‘(i) assist the Director of the White

2 House Office in developing and updating

3 the Strategy; and

4 ‘‘(ii) assist the Director of the White

5 House Office in preparing annual reports

6 under subsection (b)(5).

7 ‘‘(B) REQUIRED ELEMENTS.—In carrying

8 out subparagraph (A), the Interagency Task

9 Force shall—

10 ‘‘(i) take into account the long-term

11 goal and other requirements of the Strat12 egy specified in section 1622(a);

13 ‘‘(ii) give full consideration to the

14 facts and opinions presented by the mem15 bers of the Interagency Task Force;

16 ‘‘(iii) consult with State, tribal, and

17 local government agencies, nongovern18 mental organizations, academia, scientific

19 bodies, industry, the public, and other in20 terested parties; and

21 ‘‘(iv) build consensus around a Strat22 egy that is based on strong scientific, tech23 nical, and economic analyses.

24 ‘‘(4) WORKING GROUPS.—The Chairperson of

25 the Interagency Task Force may establish such top-
34

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1 ical working groups as are necessary to carry out

2 the duties of the Interagency Task Force.

3 ‘‘(e) PROVISION OF SUPPORT STAFF.—In accordance

4 with procedures established by the Chairperson of the

5 Interagency Task Force, the Federal agencies represented

6 on the Interagency Task Force shall provide staff from

7 the agencies to support information, data collection, and

8 analyses required by the Interagency Task Force.

9 ‘‘(f) HEARINGS.—On request of the Chairperson, the

10 Interagency Task Force may hold such hearings, meet and

11 act at such times and places, take such testimony, and

12 receive such evidence as the Interagency Task Force con13 siders to be appropriate.

14 ‘‘SEC. 1624. TECHNOLOGY INNOVATION PROGRAM IMPLE15 MENTED THROUGH THE OFFICE OF CARBON

16 MANAGEMENT OF THE DEPARTMENT OF EN17 ERGY AND THE CENTER FOR STRATEGIC CLI18 MATE CHANGE RESPONSE.

19 ‘‘(a) ESTABLISHMENT OF OFFICE OF CARBON MAN20 AGEMENT OF THE DEPARTMENT OF ENERGY.—

21 ‘‘(1) IN GENERAL.—There is established, within

22 the Department, the Office of Carbon Management.

23 ‘‘(2) DUTIES.—The Department Office shall—
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1 ‘‘(A) manage an energy technology re2 search and development program that directly

3 supports the Strategy by—

4 ‘‘(i) focusing on high-risk, bold, break5 through technologies that—

6 ‘‘(I) are critical to the long-term

7 stabilization of greenhouse gas con8 centrations;

9 ‘‘(II) are not significantly ad10 dressed by other Federal programs;

11 and

12 ‘‘(III) move technology substan13 tially beyond the state of usual inno14 vation;

15 ‘‘(ii) forging fundamentally new re16 search and development partnerships

17 among various Departments, other Fed18 eral, and State programs, particularly be19 tween basic science and energy technology

20 programs, in cases in which such partner21 ships have significant potential to affect

22 the ability of the United States to achieve

23 stabilization of greenhouse gas concentra24 tions at the lowest possible cost;
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1 ‘‘(iii) forging international research

2 and development partnerships that are in

3 the interests of the United States and

4 make progress on stabilization of green5 house gas concentrations;

6 ‘‘(iv) making available, through moni7 toring, experimentation, and analysis, data

8 that are essential to proving the technical

9 and economic viability of technology cen10 tral to addressing climate change; and

11 ‘‘(v) transitioning research and devel12 opment programs to other program offices

13 of the Department once such a research

14 and development program crosses the

15 threshold of high-risk research and moves

16 into the realm of more conventional tech17 nology development;

18 ‘‘(B) in accordance with subsection

19 (b)(5)(C), prepare a 10-year program plan for

20 the activities of the Department Office and up21 date the plan biennially;

22 ‘‘(C) prepare annual reports in accordance

23 with subsection (b)(6);
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1 ‘‘(D) identify the total contribution of all

2 Department programs to climate change re3 sponse;

4 ‘‘(E) provide substantial analytical support

5 to the White House Office, particularly support

6 in the development of the Strategy and associ7 ated progress reporting; and

8 ‘‘(F) advise the Secretary on climate

9 change-related issues, including necessary

10 changes in Department organization, manage11 ment, budgeting, and personnel allocation in the

12 programs involved in climate change response13 related activities.

14 ‘‘(b) DIRECTOR OF THE DEPARTMENT OFFICE.—

15 ‘‘(1) IN GENERAL.—The Department Office

16 shall be headed by a Director, who shall report di17 rectly to the Secretary.

18 ‘‘(2) APPOINTMENT.—The Director of the De19 partment Office shall be an employee of the Federal

20 Government who is a qualified individual appointed

21 by the President.

22 ‘‘(3) TERM.—The Director of the Department

23 Office shall be appointed for a term of 4 years.

24 ‘‘(4) VACANCIES.—A vacancy in the position of

25 the Director of the Department Office shall be filled
38

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1 in the same manner as the original appointment was

2 made.

3 ‘‘(5) DUTIES OF THE DIRECTOR OF THE DE4 PARTMENT OFFICE.—

5 ‘‘(A) STRATEGY.—The Director of the De6 partment Office shall support development of

7 the Strategy through the provision of staff and

8 analytical support.

9 ‘‘(B) INTERAGENCY TASK FORCE.—

10 Through active participation in the Interagency

11 Task Force, the Director of the Department

12 Office shall—

13 ‘‘(i) based on the analytical capabili14 ties of the Department Office and the Cen15 ter, share analyses of alternative climate

16 change response strategies with other

17 members of the Interagency Task Force to

18 assist all members in understanding—

19 ‘‘(I) the scale of the climate

20 change response challenge; and

21 ‘‘(II) how the actions of the Fed22 eral agencies of the members posi23 tively or negatively contribute to cli24 mate change solutions; and
39

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1 ‘‘(ii) determine how the energy tech2 nology research and development program

3 described in subsection (a)(2)(A) can be

4 designed for maximum impact on the long5 term goal of stabilization of greenhouse

6 gas concentrations.

7 ‘‘(C) 10-YEAR PROGRAM PLAN.—

8 ‘‘(i) IN GENERAL.—Not later than 1

9 year after the date of enactment of this

10 subtitle, the Director of the Department

11 Office shall prepare a 10-year program

12 plan.

13 ‘‘(ii) REQUIRED ELEMENTS.—The

14 plan shall—

15 ‘‘(I) consider all elements of the

16 Strategy that relate to technology re17 search and development;

18 ‘‘(II) become an integral compo19 nent of the Strategy;

20 ‘‘(III) focus the activities of the

21 Department Office on gaps identified

22 by the Strategy;

23 ‘‘(IV) emphasize the funding of

24 activities that meet the goals de-
40

•S 1008 IS

1 scribed in clauses (i) through (iv) of

2 subsection (a)(2)(A);

3 ‘‘(V) identify creative and innova4 tive approaches for building partner5 ships and managing research and de6 velopment that have the potential to

7 result in significant advances of tech8 nologies and other innovative actions;

9 and

10 ‘‘(VI) place a high level of em11 phasis on bold, breakthrough research

12 and development programs that can—

13 ‘‘(aa) be created with the in14 volvement of 1 or more Federal

15 research and development pro16 grams; and

17 ‘‘(bb) upon reaching a suffi18 cient level of technological matu19 rity, be transitioned to other pro20 gram offices of the Department

21 without loss of the creative man22 agement approaches and partner23 ships of the innovative research

24 and development programs.
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1 ‘‘(iii) SUBMISSION OF PLAN.—The

2 Secretary shall submit the 10-year pro3 gram plan to Congress and the Director of

4 the White House Office.

5 ‘‘(iv) UPDATING.—

6 ‘‘(I) IN GENERAL.—The Director

7 of the Department Office shall update

8 the 10-year program plan biennially.

9 ‘‘(II) SUBMISSION.—The Sec10 retary shall submit each updated 10-

11 year program plan to Congress and

12 the Director of the White House Of13 fice.

14 ‘‘(D) CENTER.—

15 ‘‘(i) OPERATING MODEL.—The Direc16 tor of the Department Office shall estab17 lish an operating model for the Center.

18 ‘‘(ii) DELEGATION OF DEPARTMENT

19 OFFICE FUNCTIONS.—The Director of the

20 Department Office may choose to delegate

21 selected program management and re22 search and development functions of the

23 Department Office to the Center.

24 ‘‘(iii) FOCUS.—
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1 ‘‘(I) IN GENERAL.—Funds for

2 the Center should be used to build a

3 Center with focused capability that

4 has a limited number of focused off5 site locations.

6 ‘‘(II) INVOLVEMENT OF ORGANI7 ZATIONS.—Notwithstanding subclause

8 (I), the Director of the Department

9 Office may involve any number of or10 ganizations in the operation of the

11 Center.

12 ‘‘(iv) TOOLS, DATA, AND CAPABILI13 TIES.—The Director of the Department

14 Office shall foster the development of tools,

15 data, and capabilities at the Center to en16 sure that—

17 ‘‘(I) the United States has a ro18 bust capability for evaluating alter19 native climate change response sce20 narios; and

21 ‘‘(II) the Center provides long22 term analytical continuity during the

23 terms of service of successive Presi24 dents.
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•S 1008 IS

1 ‘‘(E) ADVISORY DUTIES.—The Director of

2 the Department Office shall advise the Sec3 retary on all aspects of climate change re4 sponse.

5 ‘‘(6) ANNUAL REPORTS.—The Director of the

6 Department Office shall prepare an annual report

7 for submission by the Secretary to Congress and the

8 White House Office that—

9 ‘‘(A) assesses progress toward meeting the

10 goals of the energy technology research and de11 velopment program described in subsection

12 (a)(2)(A);

13 ‘‘(B) assesses the activities of the Center;

14 ‘‘(C) assesses the contributions of all en15 ergy technology research and development pro16 grams of the Department (including science

17 programs) to the long-term goal and other re18 quirements of the Strategy specified in section

19 1622(a); and

20 ‘‘(D) makes recommendations for actions

21 by the Department and other Federal agencies

22 to address the components of technology devel23 opment that are necessary to support the Strat24 egy.
44

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1 ‘‘(7) ANALYSIS.—During development of the

2 Strategy, the 10-year program plan submitted under

3 paragraph (5)(C), annual reports submitted under

4 paragraph (6), and advice to the Secretary, the Di5 rector of the Department Office shall place signifi6 cant emphasis on the use of objective, quantitative

7 analysis, taking into consideration any associated

8 uncertainties.

9 ‘‘(c) STAFF.—The Director of the Department Office

10 shall employ a professional staff of not more than 25 indi11 viduals to carry out the duties of the Department Office.

12 ‘‘(d) INTERGOVERNMENTAL PERSONNEL AND FEL13 LOWSHIPS.—The Department Office may use the author14 ity provided by the Intergovernmental Personnel Act of

15 1970 (42 U.S.C. 4701 et seq.) and subchapter VI of chap16 ter 33 of title 5, United States Code, and fellowships, to

17 obtain staff from academia, scientific bodies, private in18 dustry, nongovernmental organizations, other Department

19 programs, other Federal agencies, and national labora20 tories, for appointments of a limited term.

21 ‘‘(e) CENTER FOR STRATEGIC CLIMATE CHANGE RE22 SPONSE.—

23 ‘‘(1) IN GENERAL.—

24 ‘‘(A) ESTABLISHMENT.—There is estab25 lished the Center for Strategic Climate Change
45

•S 1008 IS

1 Response, which shall report to the Director of

2 the Department Office.

3 ‘‘(B) LOCATIONS.—The Center shall main4 tain 1 headquarters location and such addi5 tional temporary or permanent locations as are

6 necessary to carry out the duties of the Center.

7 ‘‘(C) CENTER DIRECTOR.—The Center

8 shall be headed by a Director, who shall be se9 lected by the Director of the Department Of10 fice.

11 ‘‘(2) DUTIES.—

12 ‘‘(A) IN GENERAL.—

13 ‘‘(i) GOAL.—The Center shall foster

14 the development and application of ad15 vanced computational tools, data, and ca16 pabilities that support integrated assess17 ment of alternative climate change re18 sponse scenarios and implementation of

19 the Strategy.

20 ‘‘(ii) PARTICIPATION AND SUPPORT.—

21 The Center may include participation of,

22 and be supported by, each other Federal

23 agency that has a direct or indirect role in

24 the development, commercialization, or

25 transfer of energy, transportation, indus-
46

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1 trial, agricultural, forestry, or other cli2 mate change-related technology.

3 ‘‘(B) PROGRAMS.—

4 ‘‘(i) IN GENERAL.—The Center

5 shall—

6 ‘‘(I) develop and maintain core

7 analytical competencies and complex,

8 integrated computational modeling ca9 pabilities that are necessary to sup10 port the design and implementation of

11 the Strategy;

12 ‘‘(II) track United States and

13 international progress toward the

14 long-term goal of stabilization of

15 greenhouse gas concentrations; and

16 ‘‘(III) in support of the Depart17 ment Office, support the management

18 and implementation of research and

19 development programs.

20 ‘‘(ii) INTERNATIONAL CARBON DIOX21 IDE SEQUESTRATION MONITORING AND

22 DATA PROGRAM.—In consultation with

23 Federal, State, academic, scientific, private

24 sector, nongovernmental, tribal, and inter25 national carbon capture and sequestration
47

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1 technology programs, the Center shall de2 sign and carry out an international carbon

3 dioxide sequestration monitoring and data

4 program to collect, analyze, and make

5 available the technical and economic data

6 to ascertain—

7 ‘‘(I) whether engineered seques8 tration and terrestrial sequestration

9 will be acceptable technologies from

10 regulatory, economic, and inter11 national perspectives;

12 ‘‘(II) whether carbon dioxide se13 questered in geological formations or

14 ocean systems is stable and has incon15 sequential leakage rates on a geologic

16 time-scale; and

17 ‘‘(III) the extent to which forest,

18 agricultural, and other terrestrial sys19 tems are suitable carbon sinks.

20 ‘‘(C) AREAS OF EXPERTISE.—

21 ‘‘(i) IN GENERAL.—The Center shall

22 develop and maintain expertise in inte23 grated assessment, modeling, and related

24 capabilities necessary—
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1 ‘‘(I) to understand the relation2 ship between natural, agricultural, in3 dustrial, energy, and economic sys4 tems;

5 ‘‘(II) to design effective research

6 and development programs; and

7 ‘‘(III) to develop and implement

8 the Strategy.

9 ‘‘(ii) TECHNOLOGY TRANSFER AND

10 DIFFUSION.—The expertise described in

11 clause (i) shall include knowledge of tech12 nology transfer and technology diffusion in

13 United States markets and foreign mar14 kets.

15 ‘‘(D) DISSEMINATION OF INFORMATION.—

16 The Center shall ensure, to the maximum ex17 tent practicable, that technical and scientific

18 knowledge relating to greenhouse gas emission

19 reduction, avoidance, and sequestration is

20 broadly disseminated through publications, fel21 lowships, and training programs.

22 ‘‘(E) ASSESSMENTS.—In a manner con23 sistent with the Strategy, the Center shall con24 duct assessments of deployment of climate25 friendly technology.
49

•S 1008 IS

1 ‘‘(F) USE OF PRIVATE SECTOR FUND2 ING.—

3 ‘‘(i) IN GENERAL.—The Center shall

4 create an operating model that allows for

5 collaboration, division of effort, and cost

6 sharing with industry on individual climate

7 change response projects.

8 ‘‘(ii) REQUIREMENTS.—Although cost

9 sharing in some cases may be appropriate,

10 the Center shall focus on long-term high11 risk research and development and should

12 not make industrial partnerships or cost

13 sharing a requirement, if such a require14 ment would bias the activities of the Cen15 ter toward incremental innovations.

16 ‘‘(iii) REEVALUATION ON TRANSI17 TION.—At such time as any bold, break18 through research and development pro19 gram reaches a sufficient level of techno20 logical maturity such that the program is

21 transitioned to a program office of the De22 partment other than the Department Of23 fice, the cost-sharing requirements and cri24 teria applicable to the program should be

25 reevaluated.
50

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1 ‘‘(iv) PUBLICATION IN FEDERAL REG2 ISTER.—Each cost-sharing agreement en3 tered into under this subparagraph shall be

4 published in the Federal Register.

5 ‘‘(G) INTERGOVERNMENTAL PERSONNEL

6 AND FELLOWSHIPS.—The Director of the Cen7 ter may use the authority provided by the Inter8 governmental Personnel Act of 1970 (42 U.S.C.

9 4701 et seq.) and subchapter VI of chapter 33

10 of title 5, United States Code, and fellowships,

11 to obtain staff from academia, scientific bodies,

12 private industry, nongovernmental organiza13 tions, other Department programs, other Fed14 eral agencies, and national laboratories, for ap15 pointments of a limited term.

16 ‘‘SEC. 1625. ADDITIONAL OFFICES AND ACTIVITIES.

17 ‘‘The Secretary of Agriculture, the Secretary of

18 Transportation, the Administrator of the Environmental

19 Protection Agency, and the heads of other Federal agen20 cies may establish such offices and carry out such activi21 ties, in addition to those established or authorized by this

22 subtitle, as are necessary to carry out this subtitle.
51

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1 ‘‘SEC. 1626. UNITED STATES CLIMATE CHANGE RESPONSE

2 STRATEGY REVIEW BOARD.

3 ‘‘(a) ESTABLISHMENT.—There is established as an

4 independent establishment within the executive branch the

5 United States Climate Change Response Strategy Review

6 Board.

7 ‘‘(b) MEMBERSHIP.—

8 ‘‘(1) COMPOSITION.—The Review Board shall

9 consist of 11 members who shall be appointed, not

10 later than 90 days after the date of enactment of

11 this subtitle, by the President by and with the advice

12 and consent of the Senate, from among qualified in13 dividuals nominated by the National Academy of

14 Sciences in accordance with paragraph (2).

15 ‘‘(2) NOMINATIONS.—Not later than 60 days

16 after the date of enactment of this subtitle, after

17 taking into strong consideration the guidance and

18 recommendations of a broad range of scientific and

19 technical societies that have the capability of recom20 mending qualified individuals, the National Academy

21 of Sciences shall nominate for appointment to the

22 Review Board not fewer than 22 individuals who—

23 ‘‘(A) are—

24 ‘‘(i) qualified individuals; or

25 ‘‘(ii) experts in a field of knowledge

26 specified in section 1621(9)(B); and
52

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1 ‘‘(B) as a group represent broad, balanced

2 expertise.

3 ‘‘(3) PROHIBITION ON FEDERAL GOVERNMENT

4 EMPLOYMENT.—A member of the Review Board

5 shall not be an employee of the Federal Government.

6 ‘‘(4) TERMS; VACANCIES.—

7 ‘‘(A) TERMS.—

8 ‘‘(i) IN GENERAL.—Subject to clause

9 (ii), each member of the Review Board

10 shall be appointed for a term of 4 years.

11 ‘‘(ii) INITIAL TERMS.—

12 ‘‘(I) COMMENCEMENT DATE.—

13 The term of each member initially ap14 pointed to the Review Board shall

15 commence 120 days after the date of

16 enactment of this subtitle.

17 ‘‘(II) TERMINATION DATE.—Of

18 the 11 members initially appointed to

19 the Review Board, 5 members shall be

20 appointed for a term of 2 years and 6

21 members shall be appointed for a

22 term of 4 years, to be designated by

23 the President at the time of appoint24 ment.

25 ‘‘(B) VACANCIES.—
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1 ‘‘(i) IN GENERAL.—A vacancy on the

2 Review Board shall be filled in the manner

3 described in this subparagraph.

4 ‘‘(ii) NOMINATIONS BY THE NATIONAL

5 ACADEMY OF SCIENCES.—Not later than

6 60 days after the date on which a vacancy

7 commences, the National Academy of

8 Sciences shall—

9 ‘‘(I) after taking into strong con10 sideration the guidance and rec11 ommendations of a broad range of sci12 entific and technical societies that

13 have the capability of recommending

14 qualified individuals, nominate, from

15 among qualified individuals, not fewer

16 than 2 individuals to fill the vacancy;

17 and

18 ‘‘(II) submit the names of the

19 nominees to the President.

20 ‘‘(iii) SELECTION.—Not later than 30

21 days after the date on which the nomina22 tions under clause (ii) are submitted to the

23 President, the President shall select from

24 among the nominees an individual to fill

25 the vacancy.
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1 ‘‘(iv) SENATE CONFIRMATION.—An

2 individual appointed to fill a vacancy on

3 the Review Board shall be appointed by

4 and with the advice and consent of the

5 Senate.

6 ‘‘(5) DISCLOSURE OF POTENTIAL CONFLICTS

7 OF INTEREST.—

8 ‘‘(A) EMPLOYMENT OF NOMINEES.—If a

9 nominee to the Review Board is employed by an

10 entity that receives any funding from the De11 partment or any other Federal agency, the fact

12 of the employment shall be—

13 ‘‘(i) disclosed to the President by the

14 National Academy of Sciences at the time

15 of the nomination; and

16 ‘‘(ii) publicly disclosed by the nominee

17 as part of the Senate confirmation process

18 of the nominee.

19 ‘‘(B) EMPLOYMENT OF MEMBERS.—If,

20 during the period of service of a member on the

21 Review Board, the member is employed by an

22 entity that receives any funding from the De23 partment or any other Federal agency, the fact

24 of the employment shall be publicly disclosed by
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1 the Chairperson of the Review Board on a semi2 annual basis.

3 ‘‘(C) FINANCIAL BENEFIT TO MEMBERS.—

4 If, during the period of service of a member on

5 the Review Board, the Review Board makes any

6 written recommendation that may financially

7 benefit a member or an entity that employs the

8 member, the fact of that financial benefit shall

9 be publicly disclosed by the Chairperson of the

10 Review Board at the time of the recommenda11 tion.

12 ‘‘(D) APPLICABILITY OF ETHICS IN GOV13 ERNMENT ACT OF 1978.—A member of the Re14 view Board shall be deemed to be an individual

15 subject to the Ethics in Government Act of

16 1978 (5 U.S.C. App.).

17 ‘‘(6) CHAIRPERSON; VICE CHAIRPERSON.—The

18 members of the Review Board shall select a Chair19 person and a Vice Chairperson of the Review Board

20 from among the members of the Review Board.

21 ‘‘(c) DUTIES.—

22 ‘‘(1) IN GENERAL.—Not later than 180 days

23 after the date of submission of the initial Strategy

24 under section 1622(b), each updated version of the

25 Strategy under section 1622(c), each progress report
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1 under section 1622(d), and each national laboratory

2 certification under section 1622(f), the Review

3 Board shall submit to the President, Congress, and

4 the heads of Federal agencies as appropriate a re5 port assessing the adequacy of the Strategy, report,

6 or certification.

7 ‘‘(2) COMMENTS.—In reviewing the Strategy, or

8 a report or certification, under paragraph (1), the

9 Review Board shall consider and comment on—

10 ‘‘(A) the adequacy of effort and the appro11 priateness of focus of the totality of all public,

12 private, and public-private sector actions of the

13 United States with respect to the 4 key ele14 ments;

15 ‘‘(B) the extent to which actions of the

16 United States, with respect to climate change,

17 complement or leverage international research

18 and other efforts designed to manage global

19 emissions of greenhouse gases, to further the

20 long-term goal of stabilization of greenhouse

21 gas concentrations;

22 ‘‘(C) the funding implications of any rec23 ommendations made by the Review Board; and

24 ‘‘(D)(i) the effectiveness with which each

25 Federal agency is carrying out the responsibil-
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1 ities of the Federal agency with respect to the

2 short-term and long-term greenhouse gas man3 agement goals; and

4 ‘‘(ii) the adequacy of the budget of each

5 such Federal agency to carry out those respon6 sibilities.

7 ‘‘(3) ADDITIONAL RECOMMENDATIONS.—

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the Review Board, at the request of

10 the President or Congress, may provide rec11 ommendations on additional climate change-re12 lated topics.

13 ‘‘(B) SECONDARY DUTY.—The provision of

14 recommendations under subparagraph (A) shall

15 be a secondary duty to the primary duty of the

16 Review Board of providing independent review

17 of the Strategy and the reports and certifi18 cations under paragraphs (1) and (2).

19 ‘‘(d) POWERS.—

20 ‘‘(1) HEARINGS.—

21 ‘‘(A) IN GENERAL.—On request of the

22 Chairperson or a majority of the members of

23 the Review Board, the Review Board may hold

24 such hearings, meet and act at such times and

25 places, take such testimony, and receive such
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1 evidence as the Review Board considers to be

2 appropriate.

3 ‘‘(B) ADMINISTRATION OF OATHS.—Any

4 member of the Review Board may administer

5 an oath or affirmation to any witness that ap6 pears before the Review Board.

7 ‘‘(2) PRODUCTION OF DOCUMENTS.—

8 ‘‘(A) IN GENERAL.—On request of the

9 Chairperson or a majority of the members of

10 the Review Board, and subject to applicable

11 law, the Secretary or head of a Federal agency

12 represented on the Interagency Task Force, or

13 a contractor of such an agency, shall provide

14 the Review Board with such records, files, pa15 pers, data, and information as are necessary to

16 respond to any inquiry of the Review Board

17 under this subtitle.

18 ‘‘(B) INCLUSION OF WORK IN

19 PROGRESS.—Subject to applicable law, informa20 tion obtainable under subparagraph (A)—

21 ‘‘(i) shall not be limited to final work

22 products; but

23 ‘‘(ii) shall include draft work products

24 and documentation of work in progress.
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1 ‘‘(3) POSTAL SERVICES.—The Review Board

2 may use the United States mails in the same man3 ner and under the same conditions as other agencies

4 of the Federal Government.

5 ‘‘(e) COMPENSATION OF MEMBERS.—A member of

6 the Review Board shall be compensated at a rate equal

7 to the daily equivalent of the annual rate of basic pay pre8 scribed for level IV of the Executive Schedule under sec9 tion 5315 of title 5, United States Code, for each day (in10 cluding travel time) during which the member is engaged

11 in the performance of the duties of the Review Board.

12 ‘‘(f) TRAVEL EXPENSES.—A member of the Review

13 Board shall be allowed travel expenses, including per diem

14 in lieu of subsistence, at rates authorized for an employee

15 of an agency under subchapter I of chapter 57 of title

16 5, United States Code, while away from the home or reg17 ular place of business of the member in the performance

18 of the duties of the Review Board.

19 ‘‘(g) STAFF.—

20 ‘‘(1) IN GENERAL.—The Chairperson of the Re21 view Board may, without regard to the civil service

22 laws (including regulations), appoint and terminate

23 an executive director and such other additional per24 sonnel as are necessary to enable the Review Board

25 to perform the duties of the Review Board.
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1 ‘‘(2) CONFIRMATION OF EXECUTIVE DIREC2 TOR.—The employment of an executive director shall

3 be subject to confirmation by the Review Board.

4 ‘‘(3) COMPENSATION.—

5 ‘‘(A) IN GENERAL.—Except as provided in

6 subparagraph (B), the Chairperson of the Re7 view Board may fix the compensation of the ex8 ecutive director and other personnel without re9 gard to the provisions of chapter 51 and sub10 chapter III of chapter 53 of title 5, United

11 States Code, relating to classification of posi12 tions and General Schedule pay rates.

13 ‘‘(B) MAXIMUM RATE OF PAY.—The rate

14 of pay for the executive director and other per15 sonnel shall not exceed the rate payable for

16 level V of the Executive Schedule under section

17 5316 of title 5, United States Code.

18 ‘‘(h) PROCUREMENT OF TEMPORARY AND INTERMIT19 TENT SERVICES.—The Chairperson of the Review Board

20 may procure temporary and intermittent services in ac21 cordance with section 3109(b) of title 5, United States

22 Code, at rates for individuals that do not exceed the daily

23 equivalent of the annual rate of basic pay prescribed for

24 level V of the Executive Schedule under section 5316 of

25 that title.
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1 ‘‘SEC. 1627. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) WHITE HOUSE OFFICE.—

3 ‘‘(1) USE OF AVAILABLE APPROPRIATIONS.—

4 From funds made available to Federal agencies for

5 the fiscal year in which this subtitle is enacted, the

6 President shall provide such sums as are necessary

7 to carry out the duties of the White House Office

8 under this subtitle until the date on which funds are

9 made available under paragraph (2).

10 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

11 There is authorized to be appropriated to the White

12 House Office to carry out the duties of the White

13 House Office under this subtitle $5,000,000 for each

14 of fiscal years 2002 through 2011, to remain avail15 able through September 30, 2011.

16 ‘‘(b) DEPARTMENT OFFICE.—

17 ‘‘(1) USE OF AVAILABLE APPROPRIATIONS.—

18 From funds made available to Federal agencies for

19 the fiscal year in which this subtitle is enacted, the

20 President shall provide such sums as are necessary

21 to carry out the duties of the Department Office

22 under this subtitle until the date on which funds are

23 made available under paragraph (2).

24 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

25 There is authorized to be appropriated to the De26 partment Office to carry out the duties of the De-
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1 partment Office under this subtitle $4,000,000,000

2 for the period of fiscal years 2002 through 2011, to

3 remain available through September 30, 2011.

4 ‘‘(c) CENTER.—

5 ‘‘(1) USE OF AVAILABLE APPROPRIATIONS.—

6 From funds made available to Federal agencies for

7 the fiscal year in which this subtitle is enacted, the

8 President shall provide such sums as are necessary

9 to carry out the duties of the Center under this sub10 title until the date on which funds are made avail11 able under paragraph (2).

12 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

13 There is authorized to be appropriated to the Center

14 to carry out the duties of the Center under this sub15 title $75,000,000 for each of fiscal years 2002

16 through 2011, to remain available through Sep17 tember 30, 2011.

18 ‘‘(d) REVIEW BOARD.—

19 ‘‘(1) USE OF AVAILABLE APPROPRIATIONS.—

20 From funds made available to Federal agencies for

21 the fiscal year in which this subtitle is enacted, the

22 President shall provide such sums as are necessary

23 to carry out the duties of the Review Board under

24 this subtitle until the date on which funds are made

25 available under paragraph (2).
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1 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated to the Review

3 Board to carry out the duties of the Review Board

4 under this subtitle $3,000,000 for each of fiscal

5 years 2002 through 2011, to remain available until

6 expended.

7 ‘‘(e) ADDITIONAL AMOUNTS.—Amounts authorized

8 to be appropriated under this section shall be in addition

9 to—

10 ‘‘(1) amounts made available to carry out the

11 United States Global Change Research Program

12 under the Global Change Research Act of 1990 (15

13 U.S.C. 2921 et seq.); and

14 ‘‘(2) amounts made available under other provi15 sions of law for energy research and development.’’.

Æ