II

Calendar No. 226

107TH CONGRESS

1ST SESSION S. 1008

[Report No. 107–99]

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, Mr. ROCKEFELLER, Ms. COLLINS,

Mr. REID, Mr. LIEBERMAN, Mr. NELSON of Florida, and Mr.

VOINOVICH) introduced the following bill; which was read twice and referred to the Committee on Governmental Affairs

NOVEMBER 15, 2001

Reported by Mr. LIEBERMAN, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To amend the Energy Policy Act of 1992 to develop the

United States Climate Change Response Strategy with
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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.

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
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1 would prevent dangerous anthropogenic interference

2 with the climate system’’;

3 (3) although science currently cannot determine

4 precisely what atmospheric concentrations are ‘‘dan5 gerous’’, the current trajectory of greenhouse gas

6 emissions will lead to a continued rise in greenhouse

7 gas concentrations in the atmosphere, not stabiliza8 tion;

9 (4) the remaining scientific uncertainties call

10 for temperance of human actions, but not inaction;

11 (5) greenhouse gases are associated with a wide

12 range of human activities, including energy produc13 tion, transportation, agriculture, forestry, manufac14 turing, buildings, and other activities;

15 (6) the economic consequences of poorly de16 signed climate change response strategies, or of in17 action, may cost the global economy trillions of dol18 lars;

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

20 be borne by the United States;

21 (8) stabilization of greenhouse gas concentra22 tions in the atmosphere will require transformational

23 change in the global energy system and other emit24 ting sectors at an almost unimaginable level—a

25 veritable industrial revolution is required;
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1 (9) such a revolution can occur only if the revo2 lution is preceded by research and development that

3 leads to bold technological breakthroughs;

4 (10) over the decade preceding the date of en5 actment of this Act—

6 (A) energy research and development

7 budgets in the public and private sectors have

8 declined precipitously and have not been fo9 cused on the climate change response challenge;

10 and

11 (B) the investments that have been made

12 have not been guided by a comprehensive strat13 egy;

14 (11) the negative trends in research and devel15 opment funding described in paragraph (10) must

16 be reversed with a focus on not only traditional en17 ergy research and development, but also bolder,

18 breakthrough research;

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

20 issue of climate change if the United States were to

21 adopt a new approach for addressing climate change

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

23 (A) stabilization of greenhouse gas con24 centrations in the atmosphere at a level that
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1 would prevent dangerous anthropogenic inter2 ference with the climate system; and

3 (B) a response strategy with 4 key ele4 ments consisting of—

5 (i) definition of interim emission miti6 gation targets coupled with specific mitiga7 tion approaches that cumulatively yield

8 stabilized atmospheric greenhouse gas con9 centrations;

10 (ii) a national commitment—

11 (I) to double energy research and

12 development by the United States

13 public and private sectors; and

14 (II) in carrying out such research

15 and development, to provide a high

16 degree of emphasis on bold, break17 through technologies that will make

18 possible a profound transformation of

19 the energy, transportation, industrial,

20 agricultural, and building sectors of

21 the United States;

22 (iii) climate adaptation research that

23 focuses on response actions necessary to

24 adapt to climate change that may have oc-
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1 curred or may occur under any future cli2 mate change scenario; and

3 (iv) continued research, building on

4 the substantial scientific understanding of

5 climate change that exists as of the date of

6 enactment of this Act, that focuses on re7 solving the remaining scientific, technical,

8 and economic uncertainties, to aid in the

9 development of sound response strategies;

10 and

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

12 the response strategy is consideration of the inter13 national nature of the challenge, which will

14 require—

15 (A) establishment of joint climate response

16 strategies and joint research programs;

17 (B) assistance to developing countries and

18 countries in transition for building technical

19 and institutional capacities and incentives for

20 addressing the challenge; and

21 (C) promotion of public awareness of the

22 issue.
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1 SEC. 3. PURPOSE.

2 The purpose of this Act is to implement the new ap3 proach described in section 2(12) by developing a national

4 focal point for climate change response through—

5 (1) the establishment of the National Office of

6 Climate Change Response within the Executive Of7 fice of the President (referred to in this section as

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

9 States Climate Change Response Strategy (referred

10 to in this section as the ‘‘Strategy’’) that—

11 (A) incorporates the 4 key elements of that

12 new approach;

13 (B) is supportive of and integrated in the

14 overall energy, transportation, industrial, agri15 cultural, forestry, and environmental policies of

16 the United States;

17 (C) takes into account—

18 (i) the diversity of energy sources and

19 technologies;

20 (ii) supply-side and demand-side solu21 tions; and

22 (iii) national infrastructure, energy

23 distribution, and transportation systems;

24 (D) provides for the inclusion and equi25 table participation of Federal, State, tribal, and

26 local government agencies, nongovernmental or-
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1 ganizations, academia, scientific bodies, indus2 try, the public, and other interested parties;

3 (E) incorporates new models of Federal4 State cooperation;

5 (F) defines a comprehensive energy tech6 nology research and development program

7 that—

8 (i) recognizes the important contribu9 tions that research and development pro10 grams in existence on the date of enact11 ment of this Act make toward addressing

12 the climate change response challenge; and

13 (ii) includes an additional research

14 and development agenda that focuses on

15 the bold, breakthrough technologies that

16 are critical to the long-term stabilization of

17 greenhouse gas concentrations in the at18 mosphere;

19 (G) includes consideration of other efforts

20 to address critical environmental and health

21 concerns, including clean air, clean water, and

22 responsible land use policies; and

23 (H) incorporates initiatives to promote the

24 deployment of clean energy technologies devel25 oped in the United States and abroad;
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1 (2) the establishment of the Interagency Task

2 Force, chaired by the Director of the White House

3 Office, to serve as the primary mechanism through

4 which the heads of Federal agencies work together

5 to develop and implement the Strategy;

6 (3) the establishment of the Office of Carbon

7 Management Office of Climate Change Technology

8 and the Center for Strategic Climate Change Re9 sponse within the Department of Energy—

10 (A) to manage, as their primary responsi11 bility, an innovative research and development

12 program that focuses on the bold, breakthrough

13 technologies that are critical to the long-term

14 stabilization of greenhouse gas concentrations

15 in the atmosphere; and

16 (B) to provide analytical support and data

17 to the White House Office, other agencies, and

18 the public;

19 (4) the establishment of an independent review

20 board—

21 (A) to review the Strategy and annually

22 assess United States and international progress

23 toward the goal of stabilization of greenhouse

24 gas concentrations in the atmosphere at a level
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1 that would prevent dangerous anthropogenic in2 terference with the climate system; and

3 (B) to assess—

4 (i) the performance of each Federal

5 agency that has responsibilities under the

6 Strategy; and

7 (ii) the adequacy of the budget of

8 each such Federal agency to fulfill the re9 sponsibilities of the Federal agency under

10 the Strategy; and

11 (5) the establishment of offices in, or the car12 rying out of activities by, the Department of Agri13 culture, the Department of Transportation, the En14 vironmental Protection Agency, and other Federal

15 agencies as necessary to carry out the amendment

16 made by section 4.

17 SEC. 4. UNITED STATES CLIMATE CHANGE STRATEGY AND

18 TECHNOLOGY INNOVATION.

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

20 U.S.C. 13381 et seq.) is amended—

21 (1) by inserting after the title heading the fol22 lowing:

23 ‘‘Subtitle A—General Provisions’’;

24 and

25 (2) by adding at the end the following:
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1 ‘‘Subtitle B—United States Climate

2 Change Strategy and Tech3 nology Innovation

4 ‘‘SEC. 1621. DEFINITIONS.

5 ‘‘In this subtitle:

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

7 Center for Strategic Climate Change Response es8 tablished by section 1624(e).

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

10 term ‘climate-friendly technology’ means any energy

11 supply or end-use technology that, over the life of

12 the technology and compared to similar technology

13 in commercial use as of the date of enactment of

14 this subtitle—

15 ‘‘(A) results in reduced emissions of green16 house gases;

17 ‘‘(B) may substantially lower emissions of

18 other pollutants; and

19 ‘‘(C) may generate substantially smaller or

20 less hazardous quantities of solid or liquid

21 waste.

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

23 means the Department of Energy.

24 ‘‘(4) DEPARTMENT OFFICE.—The term ‘De25 partment Office’ means the Office of Carbon Man-
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1 agement Office of Climate Change Technology of the

2 Department established by section 1624(a).

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

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

5 section 551 of title 5, United States Code.

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

7 gas’ means an anthropogenic gaseous constituent of

8 the atmosphere that absorbs and re-emits infrared

9 radiation.

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

11 gas’ means—

12 ‘‘(A) an anthropogenic gaseous constituent

13 of the atmosphere (including, but not limited to,

14 carbon dioxide, methane, nitrous oxide,

15 chlorofluorocarbons, hydrofluorocarbons,

16 perfluorocarbons, sulfur hexafluoride, and tropo17 spheric ozone) that absorbs and re-emits infrared

18 radiation and influences climate; and

19 ‘‘(B) an anthropogenic aerosol (including,

20 but not limited to, black soot) that absorbs solar

21 radiation and influences climate.

22 ‘‘(7) INTERAGENCY TASK FORCE.—The term

23 ‘Interagency Task Force’ means the United States

24 Climate Change Response Interagency Task Force

25 established under section 1623(d).
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1 ‘‘(8) KEY ELEMENT.—The term ‘key element’,

2 with respect to the Strategy, means—

3 ‘‘(A) definition of interim emission mitiga4 tion targets coupled with specific mitigation ap5 proaches that cumulatively result in stabiliza6 tion of greenhouse gas concentrations;

7 ‘‘(B) a national commitment—

8 ‘‘(i) to double energy research and de9 velopment by the United States public and

10 private sectors; and

11 ‘‘(ii) in carrying out such research

12 and development, to provide a high degree

13 of emphasis on bold, breakthrough tech14 nologies that will make possible a profound

15 transformation of the energy, transpor16 tation, industrial, agricultural, and build17 ing sectors of the United States;

18 ‘‘(C) climate adaptation research that fo19 cuses on response actions necessary to adapt to

20 climate change that may have occurred or may

21 occur under any future climate change scenario;

22 and

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

24 remaining scientific, technical, and economic

25 uncertainties associated with climate change to
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1 the extent that those uncertainties bear on

2 strategies to achieve the long-term goal of sta3 bilization of greenhouse gas concentrations.

4 ‘‘(9) QUALIFIED INDIVIDUAL.—

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

6 individual’ means an individual who has dem7 onstrated expertise and leadership skills to

8 draw on other experts in diverse fields of knowl9 edge that are relevant to addressing the climate

10 change response challenge.

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

12 of knowledge referred to in subparagraph (A)

13 are—

14 ‘‘(i) the science of primary and sec15 ondary climate change impacts;

16 ‘‘(ii) energy and environmental eco17 nomics;

18 ‘‘(iii) technology transfer and diffu19 sion;

20 ‘‘(iv) the social dimensions of climate

21 change;

22 ‘‘(v) climate change adaptation strate23 gies;

24 ‘‘(vi) fossil, nuclear, and renewable en25 ergy technology;
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1 ‘‘(vii) energy efficiency and energy

2 conservation;

3 ‘‘(viii) energy systems integration;

4 ‘‘(ix) engineered and terrestrial car5 bon sequestration;

6 ‘‘(x) transportation, industrial, and

7 building sector concerns;

8 ‘‘(xi) regulatory and market-based

9 mechanisms for addressing climate change;

10 ‘‘(xii) risk and decision analysis;

11 ‘‘(xiii) strategic planning; and

12 ‘‘(xiv) the international implications of

13 climate change response strategies.

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

15 Board’ means the United States Climate Change

16 Response Strategy Review Board established by sec17 tion 1626.

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

19 means the Secretary of Energy.

20 ‘‘(12) STABILIZATION OF GREENHOUSE GAS

21 CONCENTRATIONS.—The term ‘stabilization of

22 greenhouse gas concentrations’ means the stabiliza23 tion of greenhouse gas concentrations in the atmos24 phere at a level that would prevent dangerous an25 thropogenic interference with the climate system, as
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1 contemplated by the United Nations Framework

2 Convention on Climate Change, done at New York

3 on May 9, 1992.

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

5 the United States Climate Change Response Strat6 egy developed under section 1622.

7 ‘‘(14) WHITE HOUSE OFFICE.—The term

8 ‘White House Office’ means the National Office of

9 Climate Change Response of the Executive Office of

10 the President established by section 1623(a).

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

12 STRATEGY.

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

14 Office shall develop the United States Climate Change Re15 sponse Strategy, which shall—

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

17 greenhouse gas concentrations;

18 ‘‘(2) build on the 4 key elements;

19 ‘‘(3) be developed on the basis of an examina20 tion of a broad range of emission reduction targets

21 and implementation dates (including those con22 templated by the United Nations Framework Con23 vention on Climate Change, done at New York on

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

25 greenhouse gas concentrations;
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1 ‘‘(4) incorporate mitigation approaches to re2 duce, avoid, and sequester greenhouse gas emissions;

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

4 each emission reduction target and implementation

5 date achieves the emission reductions in an economi6 cally and environmentally sound manner;

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

8 transportation, industrial, agricultural, forestry, en9 vironmental, and other relevant policies of the

10 United States;

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

12 United States public, private, and public-private sec13 tor actions that bear on the long-term goal;

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

15 of approaches for achieving the long-term goal, in16 cluding evaluation of—

17 ‘‘(A) a variety of cost-effective Federal and

18 State policies, programs, standards, and incen19 tives;

20 ‘‘(B) policies that integrate and promote

21 innovative, market-based solutions in the

22 United States and in foreign countries; and

23 ‘‘(C) participation in other international

24 institutions, or in the support of international

25 activities, that are established or conducted to
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1 facilitate stabilization of greenhouse gas con2 centrations;

3 ‘‘(9) in the final recommendations of the Strat4 egy, emphasize response strategies that achieve the

5 long-term goal and provide specific recommendations

6 concerning—

7 ‘‘(A) measures determined to be appro8 priate for short-term implementation, giving

9 preference to cost-effective and technologically

10 feasible measures that will—

11 ‘‘(i) produce measurable net reduc12 tions in United States emissions that lead

13 toward achievement of the long-term goal;

14 and

15 ‘‘(ii) minimize any adverse short-term

16 and long-term economic and social impacts

17 on the United States;

18 ‘‘(B) the development of technologies that

19 have the potential for long-term

20 implementation—

21 ‘‘(i) giving preference to technologies

22 that have the potential to reduce signifi23 cantly the overall cost of stabilization of

24 greenhouse gas concentrations; and
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1 ‘‘(ii) considering a full range of energy

2 sources, energy conversion and use tech3 nologies, and efficiency options;

4 ‘‘(C) such changes in institutional and

5 technology systems as are necessary to adapt to

6 climate change in the short term and the long

7 term;

8 ‘‘(D) such review, modification, and en9 hancement of the scientific, technical, and eco10 nomic research efforts of the United States,

11 and improvements to the data resulting from

12 research, as are appropriate to improve the ac13 curacy of predictions concerning climate change

14 and the economic and social costs and opportu15 nities relating to climate change; and

16 ‘‘(E) changes that should be made to

17 project and grant evaluation criteria under

18 other Federal research and development pro19 grams so that those criteria do not inhibit de20 velopment of climate-friendly technologies;

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

22 for meaningful participation by, and consultation

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

24 agencies, nongovernmental organizations, academia,

25 scientific bodies, industry, the public, and other in-
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1 terested parties in accordance with subsections

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

3 ‘‘(11) address how the United States should en4 gage State, tribal, and local governments in devel5 oping and carrying out a response to climate change;

6 ‘‘(12) promote, to the maximum extent prac7 ticable, public awareness, outreach, and information8 sharing to further the understanding of the full

9 range of climate change-related issues;

10 ‘‘(13) include recommendations for legislative

11 and administrative actions necessary to implement

12 the Strategy;

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

14 response actions by all Federal agencies;

15 ‘‘(15) recommend which Federal agencies are,

16 or should be, responsible for the various aspects of

17 implementation of the Strategy and any budgetary

18 implications;

19 ‘‘(16) address how the United States should en20 gage foreign governments in developing an inter21 national response to climate change; and

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

23 review board in accordance with section 1626.
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1 ‘‘(b) SUBMISSION TO CONGRESS.—Not later than 1

2 year after the date of enactment of this subtitle, the Presi3 dent shall submit to Congress the Strategy.

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

5 date of submission of the Strategy to Congress under sub6 section (b), and at the end of each 2-year period there7 after, the President shall submit to Congress an updated

8 version of the Strategy.

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

10 after the date of submission of the Strategy to Congress

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

12 thereafter, the President shall submit to Congress a report

13 that—

14 ‘‘(1) describes the progress on implementation

15 of the Strategy; and

16 ‘‘(2) provides recommendations for improve17 ment of the Strategy and the implementation of the

18 Strategy.

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

20 INDUSTRIAL, AGRICULTURAL, FORESTRY, AND OTHER

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

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

23 the Interagency Task Force shall work together to align

24 the actions carried out under the Strategy and actions as25 sociated with the energy, transportation, industrial, agri-
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1 cultural, forestry, and other relevant policies of the United

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

3 policies are met without compromising the climate change4 related goals of the Strategy or the goals of the policies.

5 ‘‘(f) NATIONAL LABORATORY CERTIFICATION.—

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

7 national laboratories of the Department specified in

8 paragraph (3) shall annually meet with the Presi9 dent and individually and simultaneously certify

10 whether the energy technology research and develop11 ment programs of the United States collectively are

12 technically and financially on a trajectory that is

13 consistent with—

14 ‘‘(A) the directions and progress outlined

15 in the Strategy; and

16 ‘‘(B) the long-term goal of stabilization of

17 greenhouse gas concentrations.

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

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

20 negative, the directors shall submit to the President

21 a report that—

22 ‘‘(A) specifies the reasons why the certifi23 cation is in the negative; and
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1 ‘‘(B) describes corrective actions that must

2 be taken so that the certification can be made

3 in the affirmative.

4 ‘‘(3) DIRECTORS OF MAJOR NATIONAL LABORA5 TORIES AFFILIATED WITH SCIENCE AND ENERGY

6 PROGRAMS.—The directors of the national labora7 tories that shall participate in the certification under

8 this subsection are the director of each of—

9 ‘‘(A) the Argonne National Laboratory;

10 ‘‘(B) the Lawrence Berkeley National Lab11 oratory;

12 ‘‘(C) the National Energy Technology Lab13 oratory;

14 ‘‘(D) the National Renewable Energy Lab15 oratory;

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

17 and

18 ‘‘(F) the Pacific Northwest National Lab19 oratory.

20 ‘‘(4) COORDINATION.—The director of the Na21 tional Energy Technology Laboratory shall serve as

22 coordinator of the group of the directors of the na23 tional laboratories specified in paragraph (3).
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1 ‘‘SEC. 1623. NATIONAL OFFICE OF CLIMATE CHANGE RE2 SPONSE OF THE EXECUTIVE OFFICE OF THE

3 PRESIDENT.

4 ‘‘(a) ESTABLISHMENT.—

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

6 the Executive Office of the President, the National

7 Office of Climate Change Response.

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

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

10 stabilization of greenhouse gas concentrations while

11 minimizing adverse short-term and long-term eco12 nomic and social impacts.

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

14 the White House Office shall—

15 ‘‘(A) establish policies, objectives, and pri16 orities for the Strategy;

17 ‘‘(B) in accordance with subsection (d), es18 tablish the Interagency Task Force to serve as

19 the primary mechanism through which the

20 heads of Federal agencies shall assist the Direc21 tor of the White House Office in developing and

22 implementing the Strategy;

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

24 ensure that the Strategy is based on objective,

25 quantitative analysis, drawing on the analytical
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1 capabilities of Federal and State agencies, espe2 cially the Center;

3 ‘‘(D) advise the President concerning nec4 essary changes in organization, management,

5 budgeting, and personnel allocation of Federal

6 agencies involved in climate change response ac7 tivities; and

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

9 and discretionary programs of the agency are

10 not well aligned with, or are not contributing

11 effectively to, the long-term goal of stabilization

12 of greenhouse gas concentrations.

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

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

15 shall be headed by a Director, who shall report di16 rectly to the President.

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

18 White House Office shall be a qualified individual

19 appointed by the President, by and with the advice

20 and consent of the Senate.

21 ‘‘(3) TERM; VACANCIES.—

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

23 House Office shall be appointed for a term of

24 4 years.
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1 ‘‘(B) VACANCIES.—A vacancy in the posi2 tion of Director of the White House Office shall

3 be filled in the same manner as the original ap4 pointment was made.

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

6 HOUSE OFFICE.—

7 ‘‘(A) STRATEGY.—In accordance with sec8 tion 1622, the Director of the White House Of9 fice shall coordinate the development and up10 dating of the Strategy.

11 ‘‘(B) INTERAGENCY TASK FORCE.—The

12 Director of the White House Office shall serve

13 as Chairperson of the Interagency Task Force.

14 ‘‘(C) ADVISORY DUTIES.—

15 ‘‘(i) CLIMATE, ENERGY, TRANSPOR16 TATION, INDUSTRIAL, AGRICULTURAL,

17 BUILDING, FORESTRY, AND OTHER PRO18 GRAMS.—The Director of the White House

19 Office, using an integrated perspective con20 sidering the totality of actions in the

21 United States, shall advise the President

22 and the heads of Federal agencies on—

23 ‘‘(I) the extent to which United

24 States energy, transportation, indus25 trial, agricultural, forestry, building,
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1 and other relevant programs are capa2 ble of producing progress on the long3 term goal of stabilization of green4 house gas concentrations; and

5 ‘‘(II) the extent to which pro6 posed or newly created energy, trans7 portation, industrial, agricultural, for8 estry, building, and other relevant

9 programs positively or negatively af10 fect the ability of the United States to

11 achieve the long-term goal of stabiliza12 tion of greenhouse gas concentrations.

13 ‘‘(ii) TAX, TRADE, AND FOREIGN

14 POLICIES.—The Director of the White

15 House Office, using an integrated perspec16 tive considering the totality of actions in

17 the United States, shall advise the Presi18 dent and the heads of Federal agencies

19 on—

20 ‘‘(I) the extent to which the

21 United States tax policy, trade policy,

22 and foreign policy are capable of pro23 ducing progress on the long-term goal

24 of stabilization of greenhouse gas con25 centrations; and
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1 ‘‘(II) the extent to which pro2 posed or newly created tax policy,

3 trade policy, and foreign policy posi4 tively or negatively affect the ability of

5 the United States to achieve the long6 term goal of stabilization of green7 house gas concentrations.

8 ‘‘(iii) INTERNATIONAL TREATIES.—

9 The Secretary of State, acting in conjunc10 tion with the Interagency Task Force and

11 using the analytical tools available to the

12 White House Office, shall provide to the

13 Director of the White House Office an

14 opinion that—

15 ‘‘(I) specifies the economic and

16 environmental costs and benefits of

17 any proposed international treaties or

18 components of treaties that have an

19 influence on greenhouse gas manage20 ment; and

21 ‘‘(II) assesses the extent to which

22 the treaties advance the long-term

23 goal of stabilization of greenhouse gas

24 concentrations, while minimizing ad25 verse short-term and long-term eco-
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1 nomic and social impacts and consid2 ering other impacts.

3 ‘‘(iv) CONSULTATION.—

4 ‘‘(I) WITH MEMBERS OF INTER5 AGENCY TASK FORCE.—To the extent

6 practicable and appropriate, the Di7 rector of the White House Office shall

8 consult with all members of the Inter9 agency Task Force and other inter10 ested parties before providing advice

11 to the President.

12 ‘‘(II) WITH OTHER INTERESTED

13 PARTIES.—The Director of the White

14 House Office shall establish a process

15 for obtaining the meaningful partici16 pation of Federal, State, tribal, and

17 local government agencies, nongovern18 mental organizations, academia, sci19 entific bodies, industry, the public,

20 and other interested parties in the

21 formulation of advice to be provided

22 to the President.

23 ‘‘(D) PUBLIC EDUCATION, AWARENESS,

24 OUTREACH, AND INFORMATION-SHARING.—The

25 Director of the White House Office, to the max-
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1 imum extent practicable, shall promote public

2 awareness, outreach, and information-sharing

3 to further the understanding of the full range

4 of climate change-related issues.

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

6 White House Office, in consultation with the Inter7 agency Task Force and other interested parties,

8 shall prepare an annual report for submission by the

9 President to Congress that—

10 ‘‘(A) assesses progress in implementation

11 of the Strategy;

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

13 States and in foreign countries, toward the

14 long-term goal of stabilization of greenhouse

15 gas concentrations;

16 ‘‘(C) assesses progress toward meeting cli17 mate change-related international obligations;

18 ‘‘(D) makes recommendations for actions

19 by the Federal Government designed to close

20 any gap between progress-to-date and the meas21 ures that are necessary to achieve the long-term

22 goal of stabilization of greenhouse gas con23 centrations; and
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1 ‘‘(E) addresses the totality of actions in

2 the United States that relate to the 4 key ele3 ments.

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

5 Strategy, preparation of the annual reports sub6 mitted under paragraph (5), and provision of advice

7 to the President and the heads of Federal agencies,

8 the Director of the White House Office shall place

9 significant emphasis on the use of objective, quan10 titative analysis, taking into consideration any un11 certainties associated with the analysis.

12 ‘‘(c) STAFF.—

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

14 House Office shall employ a professional staff of not

15 more than 25 individuals to carry out the duties of

16 the White House Office.

17 ‘‘(2) INTERGOVERNMENTAL PERSONNEL AND

18 FELLOWSHIPS.—The Director of the White House

19 Office may use the authority provided by the Inter20 governmental Personnel Act of 1970 (42 U.S.C.

21 4701 et seq.) and subchapter VI of chapter 33 of

22 title 5, United States Code, and fellowships, to ob23 tain staff from academia, scientific bodies, private

24 industry, nongovernmental organizations, other De25 partment programs, other Federal agencies, and na-
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1 tional laboratories, for appointments of a limited

2 term.

3 ‘‘(d) INTERAGENCY TASK FORCE.—

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

5 House Office shall establish the United States Cli6 mate Change Response Interagency Task Force.

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

8 Force shall be composed of—

9 ‘‘(A) the Director of the White House Of10 fice, who shall serve as Chairperson;

11 ‘‘(B) the Secretary of State;

12 ‘‘(C) the Secretary;

13 ‘‘(D) the Secretary of Commerce;

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

15 ‘‘(F) the Secretary of Transportation;

16 ‘‘(G) the Secretary of Agriculture;

17 ‘‘(H) the Administrator of the Environ18 mental Protection Agency;

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

20 International Development;

21 ‘‘(J) the United States Trade Representa22 tive;

23 ‘‘(K) the National Security Advisor;

24 ‘‘(L) the Director of the National Eco25 nomic Council;
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1 ‘‘(M) the Chairman of the Council on En2 vironmental Quality;

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

4 and Technology Policy;

5 ‘‘(O) the Chairperson of the Subcommittee

6 on Global Change Research (which performs

7 the functions of the Committee on Earth and

8 Environmental Sciences established by section

9 102 of the Global Change Research Act of 1990

10 (15 U.S.C. 2932)); and

11 ‘‘(P) the heads of such other Federal agen12 cies as the Chairperson determines should be

13 members of the Interagency Task Force.

14 ‘‘(3) STRATEGY.—

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

16 Force shall serve as the primary forum through

17 which the Federal agencies represented on the

18 Interagency Task Force jointly—

19 ‘‘(i) assist the Director of the White

20 House Office in developing and updating

21 the Strategy; and

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

23 House Office in preparing annual reports

24 under subsection (b)(5).
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1 ‘‘(B) REQUIRED ELEMENTS.—In carrying

2 out subparagraph (A), the Interagency Task

3 Force shall—

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

5 goal and other requirements of the Strat6 egy specified in section 1622(a);

7 ‘‘(ii) give full consideration to the

8 facts and opinions presented by the mem9 bers of the Interagency Task Force;

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

11 local government agencies, nongovern12 mental organizations, academia, scientific

13 bodies, industry, the public, and other in14 terested parties; and

15 ‘‘(iv) build consensus around a Strat16 egy that is based on strong scientific, tech17 nical, and economic analyses.

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

19 the Interagency Task Force may establish such top20 ical working groups as are necessary to carry out

21 the duties of the Interagency Task Force.

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

23 with procedures established by the Chairperson of the

24 Interagency Task Force, the Federal agencies represented

25 on the Interagency Task Force shall provide staff from
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1 the agencies to support information, data collection, and

2 analyses required by the Interagency Task Force.

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

4 Interagency Task Force may hold such hearings, meet and

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

6 receive such evidence as the Interagency Task Force con7 siders to be appropriate.

8 ‘‘SEC. 1624. TECHNOLOGY INNOVATION PROGRAM IMPLE9 MENTED THROUGH THE OFFICE OF CARBON

10 MANAGEMENT OFFICE OF CLIMATE CHANGE

11 TECHNOLOGY OF THE DEPARTMENT OF EN12 ERGY AND THE CENTER FOR STRATEGIC CLI13 MATE CHANGE RESPONSE.

14 ‘‘(a) ESTABLISHMENT OF OFFICE OF CARBON MAN15 AGEMENT OFFICE OF CLIMATE CHANGE TECHNOLOGY OF

16 THE DEPARTMENT OF ENERGY.—

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

18 the Department, the Office of Carbon Management

19 Office of Climate Change Technology.

20 ‘‘(2) DUTIES.—The Department Office shall—

21 ‘‘(A) manage an energy technology re22 search and development program that directly

23 supports the Strategy by—

24 ‘‘(i) focusing on high-risk, bold, break25 through technologies that—
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1 ‘‘(I) are critical to the long-term

2 stabilization of greenhouse gas con3 centrations;

4 ‘‘(II) are not significantly ad5 dressed by other Federal programs;

6 and

7 ‘‘(III) move technology substan8 tially beyond the state of usual inno9 vation;

10 ‘‘(ii) forging fundamentally new re11 search and development partnerships

12 among various Departments, other Fed13 eral, and State programs, particularly be14 tween basic science and energy technology

15 programs, in cases in which such partner16 ships have significant potential to affect

17 the ability of the United States to achieve

18 stabilization of greenhouse gas concentra19 tions at the lowest possible cost;

20 ‘‘(iii) forging international research

21 and development partnerships that are in

22 the interests of the United States and

23 make progress on stabilization of green24 house gas concentrations;
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1 ‘‘(iv) making available, through moni2 toring, experimentation, and analysis, data

3 that are essential to proving the technical

4 and economic viability of technology cen5 tral to addressing climate change; and

6 ‘‘(v) transitioning research and devel7 opment programs to other program offices

8 of the Department once such a research

9 and development program crosses the

10 threshold of high-risk research and moves

11 into the realm of more conventional tech12 nology development;

13 ‘‘(B) in accordance with subsection

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

15 the activities of the Department Office and up16 date the plan biennially;

17 ‘‘(C) prepare annual reports in accordance

18 with subsection (b)(6);

19 ‘‘(D) identify the total contribution of all

20 Department programs to climate change re21 sponse;

22 ‘‘(E) provide substantial analytical support

23 to the White House Office, particularly support

24 in the development of the Strategy and associ25 ated progress reporting; and
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1 ‘‘(F) advise the Secretary on climate

2 change-related issues, including necessary

3 changes in Department organization, manage4 ment, budgeting, and personnel allocation in the

5 programs involved in climate change response6 related activities.

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

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

9 shall be headed by a Director, who shall report di10 rectly to the Secretary.

11 ‘‘(2) APPOINTMENT.—The Director of the De12 partment Office shall be an employee of the Federal

13 Government who is a qualified individual appointed

14 by the President.

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

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

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

18 the Director of the Department Office shall be filled

19 in the same manner as the original appointment was

20 made.

21 ‘‘(5) DUTIES OF THE DIRECTOR OF THE DE22 PARTMENT OFFICE.—

23 ‘‘(A) STRATEGY.—The Director of the De24 partment Office shall support development of
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1 the Strategy through the provision of staff and

2 analytical support.

3 ‘‘(B) INTERAGENCY TASK FORCE.—

4 Through active participation in the Interagency

5 Task Force, the Director of the Department

6 Office shall—

7 ‘‘(i) based on the analytical capabili8 ties of the Department Office and the Cen9 ter, share analyses of alternative climate

10 change response strategies with other

11 members of the Interagency Task Force to

12 assist all members in understanding—

13 ‘‘(I) the scale of the climate

14 change response challenge; and

15 ‘‘(II) how the actions of the Fed16 eral agencies of the members posi17 tively or negatively contribute to cli18 mate change solutions; and

19 ‘‘(ii) determine how the energy tech20 nology research and development program

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

22 designed for maximum impact on the long23 term goal of stabilization of greenhouse

24 gas concentrations.

25 ‘‘(C) 10-YEAR PROGRAM PLAN.—
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1 ‘‘(i) IN GENERAL.—Not later than 1

2 year after the date of enactment of this

3 subtitle, the Director of the Department

4 Office shall prepare a 10-year program

5 plan.

6 ‘‘(ii) REQUIRED ELEMENTS.—The

7 plan shall—

8 ‘‘(I) consider all elements of the

9 Strategy that relate to technology re10 search and development;

11 ‘‘(II) become an integral compo12 nent of the Strategy;

13 ‘‘(III) focus the activities of the

14 Department Office on gaps identified

15 by the Strategy;

16 ‘‘(IV) emphasize the funding of

17 activities that meet the goals de18 scribed in clauses (i) through (iv) of

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

20 ‘‘(V) identify creative and innova21 tive approaches for building partner22 ships and managing research and de23 velopment that have the potential to

24 result in significant advances of tech-
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1 nologies and other innovative actions;

2 and

3 ‘‘(VI) place a high level of em4 phasis on bold, breakthrough research

5 and development programs that can—

6 ‘‘(aa) be created with the in7 volvement of 1 or more Federal

8 research and development pro9 grams; and

10 ‘‘(bb) upon reaching a suffi11 cient level of technological matu12 rity, be transitioned to other pro13 gram offices of the Department

14 without loss of the creative man15 agement approaches and partner16 ships of the innovative research

17 and development programs.

18 ‘‘(iii) SUBMISSION OF PLAN.—The

19 Secretary shall submit the 10-year pro20 gram plan to Congress and the Director of

21 the White House Office.

22 ‘‘(iv) UPDATING.—

23 ‘‘(I) IN GENERAL.—The Director

24 of the Department Office shall update

25 the 10-year program plan biennially.
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1 ‘‘(II) SUBMISSION.—The Sec2 retary shall submit each updated 10-

3 year program plan to Congress and

4 the Director of the White House Of5 fice.

6 ‘‘(D) CENTER.—

7 ‘‘(i) OPERATING MODEL.—The Direc8 tor of the Department Office shall estab9 lish an operating model for the Center.

10 ‘‘(ii) DELEGATION OF DEPARTMENT

11 OFFICE FUNCTIONS.—The Director of the

12 Department Office may choose to delegate

13 selected program management and re14 search and development functions of the

15 Department Office to the Center.

16 ‘‘(iii) FOCUS.—

17 ‘‘(I) IN GENERAL.—Funds for

18 the Center should be used to build a

19 Center with focused capability that

20 has a limited number of focused off21 site locations.

22 ‘‘(II) INVOLVEMENT OF ORGANI23 ZATIONS.—Notwithstanding subclause

24 (I), the Director of the Department

25 Office may involve any number of or-
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1 ganizations in the operation of the

2 Center.

3 ‘‘(iv) TOOLS, DATA, AND CAPABILI4 TIES.—The Director of the Department

5 Office shall foster the development of tools,

6 data, and capabilities at the Center to en7 sure that—

8 ‘‘(I) the United States has a ro9 bust capability for evaluating alter10 native climate change response sce11 narios; and

12 ‘‘(II) the Center provides long13 term analytical continuity during the

14 terms of service of successive Presi15 dents.

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

17 the Department Office shall advise the Sec18 retary on all aspects of climate change re19 sponse.

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

21 Department Office shall prepare an annual report

22 for submission by the Secretary to Congress and the

23 White House Office that—

24 ‘‘(A) assesses progress toward meeting the

25 goals of the energy technology research and de-
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1 velopment program described in subsection

2 (a)(2)(A);

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

4 ‘‘(C) assesses the contributions of all en5 ergy technology research and development pro6 grams of the Department (including science

7 programs) to the long-term goal and other re8 quirements of the Strategy specified in section

9 1622(a); and

10 ‘‘(D) makes recommendations for actions

11 by the Department and other Federal agencies

12 to address the components of technology devel13 opment that are necessary to support the Strat14 egy.

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

16 Strategy, the 10-year program plan submitted under

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

18 paragraph (6), and advice to the Secretary, the Di19 rector of the Department Office shall place signifi20 cant emphasis on the use of objective, quantitative

21 analysis, taking into consideration any associated

22 uncertainties.

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

24 shall employ a professional staff of not more than 25 indi25 viduals to carry out the duties of the Department Office.
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1 ‘‘(d) INTERGOVERNMENTAL PERSONNEL AND FEL2 LOWSHIPS.—The Department Office may use the author3 ity provided by the Intergovernmental Personnel Act of

4 1970 (42 U.S.C. 4701 et seq.) and subchapter VI of chap5 ter 33 of title 5, United States Code, and fellowships, to

6 obtain staff from academia, scientific bodies, private in7 dustry, nongovernmental organizations, other Department

8 programs, other Federal agencies, and national labora9 tories, for appointments of a limited term.

10 ‘‘(e) CENTER FOR STRATEGIC CLIMATE CHANGE RE11 SPONSE.—

12 ‘‘(1) IN GENERAL.—

13 ‘‘(A) ESTABLISHMENT.—There is estab14 lished the Center for Strategic Climate Change

15 Response, which shall report to the Director of

16 the Department Office.

17 ‘‘(B) LOCATIONS.—The Center shall main18 tain 1 headquarters location and such addi19 tional temporary or permanent locations as are

20 necessary to carry out the duties of the Center.

21 ‘‘(C) CENTER DIRECTOR.—The Center

22 shall be headed by a Director, who shall be se23 lected by the Director of the Department Of24 fice.

25 ‘‘(2) DUTIES.—
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1 ‘‘(A) IN GENERAL.—

2 ‘‘(i) GOAL.—The Center shall foster

3 the development and application of ad4 vanced computational tools, data, and ca5 pabilities that support integrated assess6 ment of alternative climate change re7 sponse scenarios and implementation of

8 the Strategy.

9 ‘‘(ii) PARTICIPATION AND SUPPORT.—

10 The Center may include participation of,

11 and be supported by, each other Federal

12 agency that has a direct or indirect role in

13 the development, commercialization, or

14 transfer of energy, transportation, indus15 trial, agricultural, forestry, or other cli16 mate change-related technology.

17 ‘‘(B) PROGRAMS.—

18 ‘‘(i) IN GENERAL.—The Center

19 shall—

20 ‘‘(I) develop and maintain core

21 analytical competencies and complex,

22 integrated computational modeling ca23 pabilities that are necessary to sup24 port the design and implementation of

25 the Strategy;
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1 ‘‘(II) track United States and

2 international progress toward the

3 long-term goal of stabilization of

4 greenhouse gas concentrations; and

5 ‘‘(III) in support of the Depart6 ment Office, support the management

7 and implementation of research and

8 development programs.

9 ‘‘(ii) INTERNATIONAL CARBON DIOX10 IDE SEQUESTRATION MONITORING AND

11 DATA PROGRAM.—In consultation with

12 Federal, State, academic, scientific, private

13 sector, nongovernmental, tribal, and inter14 national carbon capture and sequestration

15 technology programs, the Center shall de16 sign and carry out an international carbon

17 dioxide sequestration monitoring and data

18 program to collect, analyze, and make

19 available the technical and economic data

20 to ascertain—

21 ‘‘(I) whether engineered seques22 tration and terrestrial sequestration

23 will be acceptable technologies from

24 regulatory, economic, and inter25 national perspectives;
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1 ‘‘(II) whether carbon dioxide se2 questered in geological formations or

3 ocean systems is stable and has incon4 sequential leakage rates on a geologic

5 time-scale; and

6 ‘‘(III) the extent to which forest,

7 agricultural, and other terrestrial sys8 tems are suitable carbon sinks.

9 ‘‘(C) AREAS OF EXPERTISE.—

10 ‘‘(i) IN GENERAL.—The Center shall

11 develop and maintain expertise in inte12 grated assessment, modeling, and related

13 capabilities necessary—

14 ‘‘(I) to understand the relation15 ship between natural, agricultural, in16 dustrial, energy, and economic sys17 tems;

18 ‘‘(II) to design effective research

19 and development programs; and

20 ‘‘(III) to develop and implement

21 the Strategy.

22 ‘‘(ii) TECHNOLOGY TRANSFER AND

23 DIFFUSION.—The expertise described in

24 clause (i) shall include knowledge of tech25 nology transfer and technology diffusion in
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1 United States markets and foreign mar2 kets.

3 ‘‘(D) DISSEMINATION OF INFORMATION.—

4 The Center shall ensure, to the maximum ex5 tent practicable, that technical and scientific

6 knowledge relating to greenhouse gas emission

7 reduction, avoidance, and sequestration is

8 broadly disseminated through publications, fel9 lowships, and training programs.

10 ‘‘(E) ASSESSMENTS.—In a manner con11 sistent with the Strategy, the Center shall con12 duct assessments of deployment of climate13 friendly technology.

14 ‘‘(F) USE OF PRIVATE SECTOR FUND15 ING.—

16 ‘‘(i) IN GENERAL.—The Center shall

17 create an operating model that allows for

18 collaboration, division of effort, and cost

19 sharing with industry on individual climate

20 change response projects.

21 ‘‘(ii) REQUIREMENTS.—Although cost

22 sharing in some cases may be appropriate,

23 the Center shall focus on long-term high24 risk research and development and should

25 not make industrial partnerships or cost
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1 sharing a requirement, if such a require2 ment would bias the activities of the Cen3 ter toward incremental innovations.

4 ‘‘(iii) REEVALUATION ON TRANSI5 TION.—At such time as any bold, break6 through research and development pro7 gram reaches a sufficient level of techno8 logical maturity such that the program is

9 transitioned to a program office of the De10 partment other than the Department Of11 fice, the cost-sharing requirements and cri12 teria applicable to the program should be

13 reevaluated.

14 ‘‘(iv) PUBLICATION IN FEDERAL REG15 ISTER.—Each cost-sharing agreement en16 tered into under this subparagraph shall be

17 published in the Federal Register.

18 ‘‘(G) INTERGOVERNMENTAL PERSONNEL

19 AND FELLOWSHIPS.—The Director of the Cen20 ter may use the authority provided by the Inter21 governmental Personnel Act of 1970 (42 U.S.C.

22 4701 et seq.) and subchapter VI of chapter 33

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

24 to obtain staff from academia, scientific bodies,

25 private industry, nongovernmental organiza-
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1 tions, other Department programs, other Fed2 eral agencies, and national laboratories, for ap3 pointments of a limited term.

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

5 ‘‘The Secretary of Agriculture, the Secretary of

6 Transportation, the Administrator of the Environmental

7 Protection Agency, and the heads of other Federal agen8 cies may establish such offices and carry out such activi9 ties, in addition to those established or authorized by this

10 subtitle, as are necessary to carry out this subtitle.

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

12 STRATEGY REVIEW BOARD.

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

14 independent establishment within the executive branch the

15 United States Climate Change Response Strategy Review

16 Board.

17 ‘‘(b) MEMBERSHIP.—

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

19 consist of 11 members who shall be appointed, not

20 later than 90 days after the date of enactment of

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

22 and consent of the Senate, from among qualified in23 dividuals nominated by the National Academy of

24 Sciences in accordance with paragraph (2).
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1 ‘‘(2) NOMINATIONS.—Not later than 60 days

2 after the date of enactment of this subtitle, after

3 taking into strong consideration the guidance and

4 recommendations of a broad range of scientific and

5 technical societies that have the capability of recom6 mending qualified individuals, the National Academy

7 of Sciences shall nominate for appointment to the

8 Review Board not fewer than 22 individuals who—

9 ‘‘(A) are—

10 ‘‘(i) qualified individuals; or

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

12 specified in section 1621(9)(B); and

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

14 expertise.

15 ‘‘(3) PROHIBITION ON FEDERAL GOVERNMENT

16 EMPLOYMENT.—A member of the Review Board

17 shall not be an employee of the Federal Government.

18 ‘‘(4) TERMS; VACANCIES.—

19 ‘‘(A) TERMS.—

20 ‘‘(i) IN GENERAL.—Subject to clause

21 (ii), each member of the Review Board

22 shall be appointed for a term of 4 years.

23 ‘‘(ii) INITIAL TERMS.—

24 ‘‘(I) COMMENCEMENT DATE.—

25 The term of each member initially ap-
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1 pointed to the Review Board shall

2 commence 120 days after the date of

3 enactment of this subtitle.

4 ‘‘(II) TERMINATION DATE.—Of

5 the 11 members initially appointed to

6 the Review Board, 5 members shall be

7 appointed for a term of 2 years and 6

8 members shall be appointed for a

9 term of 4 years, to be designated by

10 the President at the time of appoint11 ment.

12 ‘‘(B) VACANCIES.—

13 ‘‘(i) IN GENERAL.—A vacancy on the

14 Review Board shall be filled in the manner

15 described in this subparagraph.

16 ‘‘(ii) NOMINATIONS BY THE NATIONAL

17 ACADEMY OF SCIENCES.—Not later than

18 60 days after the date on which a vacancy

19 commences, the National Academy of

20 Sciences shall—

21 ‘‘(I) after taking into strong con22 sideration the guidance and rec23 ommendations of a broad range of sci24 entific and technical societies that

25 have the capability of recommending
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1 qualified individuals, nominate, from

2 among qualified individuals, not fewer

3 than 2 individuals to fill the vacancy;

4 and

5 ‘‘(II) submit the names of the

6 nominees to the President.

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

8 days after the date on which the nomina9 tions under clause (ii) are submitted to the

10 President, the President shall select from

11 among the nominees an individual to fill

12 the vacancy.

13 ‘‘(iv) SENATE CONFIRMATION.—An

14 individual appointed to fill a vacancy on

15 the Review Board shall be appointed by

16 and with the advice and consent of the

17 Senate.

18 ‘‘(5) DISCLOSURE OF POTENTIAL CONFLICTS

19 OF INTEREST.—

20 ‘‘(A) EMPLOYMENT OF NOMINEES.—If a

21 nominee to the Review Board 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—
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1 ‘‘(i) disclosed to the President by the

2 National Academy of Sciences at the time

3 of the nomination; and

4 ‘‘(ii) publicly disclosed by the nominee

5 as part of the Senate confirmation process

6 of the nominee.

7 ‘‘(B) EMPLOYMENT OF MEMBERS.—If,

8 during the period of service of a member on the

9 Review Board, the member 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 publicly disclosed by

13 the Chairperson of the Review Board on a semi14 annual basis.

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

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

17 the Review Board, the Review Board makes any

18 written recommendation that may financially

19 benefit a member or an entity that employs the

20 member, the fact of that financial benefit shall

21 be publicly disclosed by the Chairperson of the

22 Review Board at the time of the recommenda23 tion.

24 ‘‘(D) APPLICABILITY OF ETHICS IN GOV25 ERNMENT ACT OF 1978.—A member of the Re-
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1 view Board shall be deemed to be an individual

2 subject to the Ethics in Government Act of

3 1978 (5 U.S.C. App.).

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

5 members of the Review Board shall select a Chair6 person and a Vice Chairperson of the Review Board

7 from among the members of the Review Board.

8 ‘‘(c) DUTIES.—

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

10 after the date of submission of the initial Strategy

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

12 Strategy under section 1622(c), each progress report

13 under section 1622(d), and each national laboratory

14 certification under section 1622(f), the Review

15 Board shall submit to the President, Congress, and

16 the heads of Federal agencies as appropriate a re17 port assessing the adequacy of the Strategy, report,

18 or certification.

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

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

21 Review Board shall consider and comment on—

22 ‘‘(A) the adequacy of effort and the appro23 priateness of focus of the totality of all public,

24 private, and public-private sector actions of the
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1 United States with respect to the 4 key ele2 ments;

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

4 United States, with respect to climate change,

5 complement or leverage international research

6 and other efforts designed to manage global

7 emissions of greenhouse gases, to further the

8 long-term goal of stabilization of greenhouse

9 gas concentrations;

10 ‘‘(C) the funding implications of any rec11 ommendations made by the Review Board; and

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

13 Federal agency is carrying out the responsibil14 ities of the Federal agency with respect to the

15 short-term and long-term greenhouse gas man16 agement goals; and

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

18 such Federal agency to carry out those respon19 sibilities.

20 ‘‘(3) ADDITIONAL RECOMMENDATIONS.—

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the Review Board, at the request of

23 the President or Congress, may provide rec24 ommendations on additional climate change-re25 lated topics.
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1 ‘‘(B) SECONDARY DUTY.—The provision of

2 recommendations under subparagraph (A) shall

3 be a secondary duty to the primary duty of the

4 Review Board of providing independent review

5 of the Strategy and the reports and certifi6 cations under paragraphs (1) and (2).

7 ‘‘(d) POWERS.—

8 ‘‘(1) HEARINGS.—

9 ‘‘(A) IN GENERAL.—On request of the

10 Chairperson or a majority of the members of

11 the Review Board, the Review Board may hold

12 such hearings, meet and act at such times and

13 places, take such testimony, and receive such

14 evidence as the Review Board considers to be

15 appropriate.

16 ‘‘(B) ADMINISTRATION OF OATHS.—Any

17 member of the Review Board may administer

18 an oath or affirmation to any witness that ap19 pears before the Review Board.

20 ‘‘(2) PRODUCTION OF DOCUMENTS.—

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

22 Chairperson or a majority of the members of

23 the Review Board, and subject to applicable

24 law, the Secretary or head of a Federal agency

25 represented on the Interagency Task Force, or
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1 a contractor of such an agency, shall provide the Review

2 Board with such records, files, papers, data, and informa3 tion as are necessary to respond to any inquiry of the Re4 view Board under this subtitle.

5 ‘‘(B) INCLUSION OF WORK IN

6 PROGRESS.—Subject to applicable law, informa7 tion obtainable under subparagraph (A)—

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

9 products; but

10 ‘‘(ii) shall include draft work products

11 and documentation of work in progress.

12 ‘‘(3) POSTAL SERVICES.—The Review Board

13 may use the United States mails in the same man14 ner and under the same conditions as other agencies

15 of the Federal Government.

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

17 the Review Board shall be compensated at a rate equal

18 to the daily equivalent of the annual rate of basic pay pre19 scribed for level IV of the Executive Schedule under sec20 tion 5315 of title 5, United States Code, for each day (in21 cluding travel time) during which the member is engaged

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

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

24 Board shall be allowed travel expenses, including per diem

25 in lieu of subsistence, at rates authorized for an employee
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1 of an agency under subchapter I of chapter 57 of title

2 5, United States Code, while away from the home or reg3 ular place of business of the member in the performance

4 of the duties of the Review Board.

5 ‘‘(g) STAFF.—

6 ‘‘(1) IN GENERAL.—The Chairperson of the Re7 view Board may, without regard to the civil service

8 laws (including regulations), appoint and terminate

9 an executive director and such other additional per10 sonnel as are necessary to enable the Review Board

11 to perform the duties of the Review Board.

12 ‘‘(2) CONFIRMATION OF EXECUTIVE DIREC13 TOR.—The employment of an executive director shall

14 be subject to confirmation by the Review Board.

15 ‘‘(3) COMPENSATION.—

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

17 subparagraph (B), the Chairperson of the Re18 view Board may fix the compensation of the ex19 ecutive director and other personnel without re20 gard to the provisions of chapter 51 and sub21 chapter III of chapter 53 of title 5, United

22 States Code, relating to classification of posi23 tions and General Schedule pay rates.

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

25 of pay for the executive director and other per-
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1 sonnel shall not exceed the rate payable for

2 level V of the Executive Schedule under section

3 5316 of title 5, United States Code.

4 ‘‘(h) PROCUREMENT OF TEMPORARY AND INTERMIT5 TENT SERVICES.—The Chairperson of the Review Board

6 may procure temporary and intermittent services in ac7 cordance with section 3109(b) of title 5, United States

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

9 equivalent of the annual rate of basic pay prescribed for

10 level V of the Executive Schedule under section 5316 of

11 that title.

12 ‘‘SEC. 1627. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘(a) WHITE HOUSE OFFICE.—

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

15 From funds made available to Federal agencies for

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

17 President shall provide such sums as are necessary

18 to carry out the duties of the White House Office

19 under this subtitle until the date on which funds are

20 made available under paragraph (2).

21 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

22 There is authorized to be appropriated to the White

23 House Office to carry out the duties of the White

24 House Office under this subtitle $5,000,000 for each
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1 of fiscal years 2002 through 2011, to remain avail2 able through September 30, 2011.

3 ‘‘(b) DEPARTMENT OFFICE.—

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

5 From funds made available to Federal agencies for

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

7 President shall provide such sums as are necessary

8 to carry out the duties of the Department Office

9 under this subtitle until the date on which funds are

10 made available under paragraph (2).

11 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

12 There is authorized to be appropriated to the De13 partment Office to carry out the duties of the De14 partment Office under this subtitle $4,000,000,000

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

16 remain available through September 30, 2011.

17 ‘‘(c) CENTER.—

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

19 From funds made available to Federal agencies for

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

21 President shall provide such sums as are necessary

22 to carry out the duties of the Center under this sub23 title until the date on which funds are made avail24 able under paragraph (2).
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1 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

2 There is authorized to be appropriated to the Center

3 to carry out the duties of the Center under this sub4 title $75,000,000 for each of fiscal years 2002

5 through 2011, to remain available through Sep6 tember 30, 2011.

7 ‘‘(d) REVIEW BOARD.—

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

9 From funds made available to Federal agencies for

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

11 President shall provide such sums as are necessary

12 to carry out the duties of the Review Board under

13 this subtitle until the date on which funds are made

14 available under paragraph (2).

15 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

16 There is authorized to be appropriated to the Review

17 Board to carry out the duties of the Review Board

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

19 years 2002 through 2011, to remain available until

20 expended.

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

22 to be appropriated under this section shall be in addition

23 to—

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

25 United States Global Change Research Program
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1 under the Global Change Research Act of 1990 (15

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

3 ‘‘(2) amounts made available under other provi4 sions of law for energy research and development.’’.
Calendar No. 226

107TH CONGRESS

1ST SESSION S. 1008

[Report No. 107–99]

A BILL

To amend the Energy Policy Act of 1992 to develop

the United States Climate Change ResponseStrategy with the goal of stabilization of greenhouse gas concentrations in the atmosphere at alevel that would prevent dangerous anthropogenicinterference with the climate system, while minimizing adverse short-term and long-term economic and social impacts, aligning the Strategywith United States energy policy, and promotinga sound national environmental policy, to establish a research and development program that focuses on bold technological breakthroughs thatmake significant progress toward the goal of stabilization of greenhouse gas concentrations, to establish the National Office of Climate ChangeResponse within the Executive Office of thePresident, and for other purposes.

NOVEMBER 15, 2001

Reported with amendments