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[Senate Report 110-347]
[From the U.S. Government Publishing Office]

110th Congress 
 2d Session                      SENATE                          Report
                                                                110-347
_______________________________________________________________________

                                     

                                                       Calendar No. 769

                     CLIMATE CHANGE ADAPTATION ACT

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2355

                                     

                  June 5, 2008.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred tenth congress
                             second session

                   DANIEL K. INOUYE, Hawaii, Chairman
                   TED STEVENS, Alaska, Vice-Chairman
JOHN D. ROCKEFELLER IV, West         JOHN McCAIN, Arizona
    Virginia                         KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        GORDON H. SMITH, Oregon
BARBARA BOXER, California            JOHN ENSIGN, Nevada
BILL NELSON, Florida                 JOHN E. SUNUNU, New Hampshire
MARIA CANTWELL, Washington           JIM DeMINT, South Carolina
FRANK R. LAUTENBERG, New Jersey      DAVID VITTER, Louisiana
MARK PRYOR, Arkansas                 JOHN THUNE, South Dakota
THOMAS CARPER, Delaware              ROGER F. WICKER, Mississippi
CLAIRE McCASKILL, Missouri
AMY KLOBUCHAR, Minnesota
          Margaret Cummisky, Staff Director and Chief Counsel
         Lila Helms, Deputy Staff Director and Policy Director
       Jean Toal Eisen, Senior Advisor and Deputy Policy Director
     Christine Kurth, Republican Staff Director and General Counsel
                Paul J. Nagle, Republican Chief Counsel
             Mimi Braniff, Republican Deputy Chief Counsel
                                                       Calendar No. 769
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-347

======================================================================

 
                     CLIMATE CHANGE ADAPTATION ACT

                                _______
                                

                  June 5, 2008.--Ordered to be printed

                                _______
                                

       Mr. Inouye, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                                 REPORT

                         [To accompany S. 2355]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2355) to amend the National 
Climate Program Act to enhance the ability of the United States 
to develop and implement climate change adaptation programs and 
policies, and for other purposes, having considered the same, 
reports favorably thereon with amendments and an amendment to 
the title and recommends that the bill (as amended) do pass.

                          Purpose of the Bill

    The purpose of S. 2355, the Climate Change Adaptation Act, 
is to provide a national strategic plan for addressing the 
impacts of climate change within the United States.

                          Background and Needs

    The need to address the impacts from climate change on our 
Nation's coastal and ocean areas is of particular interest to 
the Senate Committee on Commerce, Science, and Transportation 
given its oversight role over the National Oceanic and 
Atmospheric Administration (NOAA). Temperature-related impacts 
on living marine resources are well-documented and may include 
significant changes in the distribution, growth, health, and 
abundance of species. Increased temperatures and loss of sea 
ice have been documented in both Arctic and Antarctic regions. 
Arctic sea ice has long been recognized as a sensitive climate 
indicator. The annual average extent of the Arctic sea ice has 
decreased 2.7 percent per decade since 1978, and last year's 
dramatic melt reduced ice coverage to its lowest level since 
satellite measurements began in 1979. Changes in sea ice 
extent, timing, ice thickness, and seasonal fluctuations are 
already having an impact on the people, plants, and animals 
that live in the Arctic.
    Climate-related shifts in species distribution and 
abundance have been observed in the temperate regions of the 
Atlantic and Pacific. Warming is likely to alter coastal 
weather and could affect the intensity and frequency of severe 
storms, especially in storm-prone regions, such as the 
southeast. Melting of glaciers and ice sheets and thermal 
expansion of ocean waters are predicted to cause sea level rise 
to continue. According to the Intergovernmental Panel on 
Climate Change (IPCC), global sea level increased at an average 
rate of 1.8 millimeters per year from 1961 to 2003. Sea level 
rise is likely to intensify erosion and endanger coastal 
structures and wetlands. Rising sea level, higher temperatures, 
and increased carbon dioxide concentrations are likely to 
affect the ecology of estuaries, coastal wetlands, and coral 
reefs. The changing temperature patterns are also likely to 
alter fish migration patterns, shifting the distribution of 
commercially important species.
    The IPCC regularly assesses the worldwide state of 
knowledge on climate change and has issued its Fourth 
Assessment Report over the course of 2007. Working Group II 
assessed the impacts of climate change in its report, ``Climate 
Change Impacts, Adaptation, and Vulnerability,'' released on 
April 6, 2007. The report found that:
           evidence obtained from observations of all 
        continents and most oceans shows that many natural 
        systems are being affected by regional climate changes, 
        particularly temperature increases;
           there is a high confidence, which the IPCC 
        defines as more than 80 percent certainty, that 
        observed changes in marine and freshwater biological 
        systems are associated with rising water temperatures, 
        as well as related changes in ice cover, salinity, 
        oxygen levels, and circulation;
           observed changes to aquatic systems include 
        species' range shifts and changes in algal, plankton, 
        and fish abundance, particularly in high-latitude 
        oceans;
           approximately 20 to 30 percent of plant and 
        animal species assessed at present are likely to be at 
        increased risk of extinction if the global average 
        temperature increase exceeds 1.5 - 2.5 degrees Celsius;
           progressive acidification of oceans due to 
        increasing atmospheric carbon dioxide is expected to 
        have negative impacts on marine shell-forming 
        organisms, such as corals, and their dependent species; 
        and
           adaptation will be necessary to address 
        impacts resulting from the warming which is already 
        unavoidable due to past emissions.
    On August 7, 2007, the Government Accountability Office 
(GAO) issued a report titled ``Climate Change: Agencies Should 
Develop Guidance for Addressing the Effects on Federal Land and 
Water Resources.'' In November 2006, the GAO, in conjunction 
with the National Academies, held a workshop of leading experts 
on science and resource management issues to examine the 
impacts of climate change on Federal land and water resources, 
information available to resource managers, and the extent to 
which climate change impacts are taken into account. The report 
focused on resources managed by NOAA, the Bureau of Land 
Management, the Forest Service, the U.S. Fish and Wildlife 
Service, and the National Park Service.
    The GAO report found that resource managers do not have 
sufficient site-specific information to plan for and manage the 
effects of climate change on Federal resources. Managers lack 
the basic tools needed to develop an adequate baseline 
understanding of existing local species. These tools include 
monitoring systems and computer models of local projections, 
without which managers are limited to reacting to already 
observed climate change effects making it difficult to plan for 
future changes.
    The GAO report also found that resource managers have 
limited guidance on whether or how to address climate change, 
and therefore, are uncertain about what actions, if any, they 
should take. In general, resource managers lack specific 
guidance for incorporating climate change into their management 
actions and planning efforts, hampering their ability to 
address climate change and effectively manage resources. The 
GAO report also found that the Federal resource agencies 
studied have not made climate change a priority, and the 
agencies' strategic plans do not specifically address climate 
change.
    Due to the prolonged residence time of carbon dioxide in 
the atmosphere, a certain degree of warming is expected for the 
next 20 to 30 years, even if all anthropogenic sources of 
greenhouse gases were eliminated today. Therefore, the 
currently observed or predicted changes to natural resources 
due to warming are expected to continue over this time period. 
Resource planning should include actions for adapting to 
changing conditions.

                         Summary of Provisions

    S. 2355 would include two main components -- a national 
strategy and agency-specific requirements for NOAA. The bill 
would require the President to provide the Congress with a 
national strategic plan to address the impacts of climate 
change within the United States. The strategic plan would 
include guidance for integrating climate change considerations 
in the management of Federally-administered natural resources, 
as well as recommendations for providing information to and 
coordinating with State and local governments and 
nongovernmental entities to support planning efforts for the 
management of non-Federal resources. The strategic plan would 
not create a new legal right of action. Rather, the focus of 
the plan would be on recommending steps for considering climate 
change impacts in existing authorities.
    The bill also would require the Secretary of Commerce to 
conduct regional assessments to identify key vulnerabilities of 
coastal and ocean areas and resources from hazards associated 
with climate change and ocean acidification. Such assessments 
would include social, physical, and economic impacts on local, 
State, and regional economies, including the impact on 
abundance and distribution of economically important living 
marine resources.
    The bill also would require the Secretary of Commerce to 
prepare an agency-specific coastal and ocean adaptation plan 
for NOAA that would address coastal and ocean impacts of 
climate change. The plan would include recommendations 
regarding potential Federal flood insurance program 
modifications, mitigation incentives for coastal land use 
planning, and coastal hazards protocols. It also would include 
strategies to address the climate change impacts on living 
marine resources for which NOAA plays a stewardship role and 
would require a strategy for integrating climate change 
considerations into the actions and policies of NOAA and other 
Federal agencies, as appropriate.
    The bill also would establish a grant program through the 
existing Coastal Zone Management Act grant process to support 
coastal States in the development and implementation of State 
plans, taking into consideration hazards planning requirements 
that States are already developing under the Stafford Act.
    The bill would authorize annual appropriations for each of 
fiscal years 2009 through 2013 of $25,000,000 for the 
implementation of the national strategy, $75,000,000 to carry 
out the coastal and ocean assessments, and $150,000,000 for the 
development of coastal and ocean adaptation plans, of which 75 
percent would be provided to the States.

                          Legislative History

    Senator Cantwell, Chair of the Subcommittee on Oceans, 
Atmosphere, Fisheries, and Coast Guard, introduced S. 2355 on 
November 14, 2007. Senators Kerry, Klobuchar, and Lautenberg 
have subsequently signed on as cosponsors. The bill was 
referred to the Committee on Commerce, Science, and 
Transportation. The Committee held two hearings preceding the 
introduction of S. 2355 that addressed the need for Federal 
legislation on climate adaptation. On May 10, 2007, the 
Subcommittee on Oceans, Atmosphere, Fisheries, and Coast Guard 
held a hearing on the effects of climate change and ocean 
acidification on living marine resources. A full committee 
hearing was held on November 14, 2007, which addressed the need 
to improve the Federal government's climate change research 
program and the dissemination of relevant information to 
decision makers and other end users.
    On December 4, 2007, the Committee considered a manager's 
amendment to this bill in an open executive session. The 
Committee, by voice vote, ordered S. 2355 to be reported 
favorably, as amended. The provisions on coastal assessments 
and coastal planning are based on similar provisions that were 
passed by the Senate in 2002 and again in 2003 as part of the 
Energy Policy Act.

                            Estimated Costs

  In compliance with subsection (a)(3) of paragraph 11 of rule 
XXVI of the Standing Rules of the Senate, the Committee states 
that, in its opinion, it is necessary to dispense with the 
requirements of paragraphs (1) and (2) of that subsection in 
order to expedite the business of the Senate.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  The reported bill would not authorize any new regulations and 
therefore would not subject any individuals or businesses to 
new regulations. The bill would have little, if any, regulatory 
impact.

                            ECONOMIC IMPACT

  The bill, as reported, is not expected to have a significant 
impact on the nation's economy.

                                PRIVACY

  The reported bill would not have any adverse impact on the 
personal privacy of individuals.

                               PAPERWORK

  The reported bill would not increase paperwork requirements 
for the private sector. The bill would require reports from the 
Federal government. The legislation also would establish a 
grant program through the existing Coastal Zone Management Act 
grant process to provide support to coastal States in 
developing and implementing their State plans. Applicants to 
this grant program would have to file documents to apply for 
this program.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides there are 
no congressionally directed spending items contained in the 
bill, as reported.

                      Section-by-Section Analysis

Section 1. Short title
  This section would provide that the legislation may be cited 
as the ``Climate Change Adaptation Act.''
Section 2. Amendment of National Climate Service Act of 2007
  This section would specify that any changes are in reference 
to the National Climate Service Act of 2007.
Section 3. Findings
  This section would update and expand the findings to reflect 
recent studies, data, and assessments, including the Fourth 
Assessment Report of the IPCC, the National Research Council 
report Evaluating Progress of the U.S. Climate Change Science 
Program, and the GAO report Climate Change: Agencies Should 
Develop Guidance for Addressing the Effects on Federal Land and 
Water Resources.
Section 4. Definitions
  This section would add a definition for ``coastal state'' 
based on usage in the Coastal Zone Management Act of 1972 (16 
U.S.C. 1453(4)).
Section 5. National Climate Program
  This section would establish a National Climate Program to 
address the emerging needs for climate change information and 
policies for adaptation. The program would include a strategic 
plan to address the impacts of climate change in the United 
States and establish a National Climate Service within NOAA. S. 
2307, a complementary bill introduced by Senators Kerry and 
Snowe, provides details on the components of the National 
Climate Service. This section also would require the President 
to develop five-year strategic plans, define the program roles 
for the participating Federal officers, departments, and 
agencies, and provide for program coordination.
Section 6. National Climate Strategy
  National Strategic Plan for Climate Change Adaptation. This 
section would require the President to provide the Congress 
with a five-year strategic plan for addressing the impacts of 
climate change within the United States. The plan would be 
developed in consultation with interested stakeholders and 
submitted within two years of the date of enactment of the Act.
  The strategic plan would require that agencies identify 
existing capabilities to address climate change on Federally-
managed resources and include measures to improve and integrate 
such capabilities. The plan also would include recommendations 
for providing information to and coordination with State and 
local governments, and nongovernmental entities to support 
planning efforts for the management of non-Federal resources. 
The plan would not create any new legal right of action. 
Federal agencies would consider climate change impacts under 
existing legal authorities and nothing in this section would 
supersede any existing Federal authority.
  Ocean and Coastal Vulnerability and Adaptation. This section 
would require the Secretary of Commerce to coordinate and 
support regional assessments of the vulnerability of coastal 
and ocean areas and resources to the impacts of climate change 
and ocean acidification. These assessments would be done in 
conjunction with appropriate Federal, State, and local 
government entities and would be updated every five years. Such 
assessments would consider information and assessments 
developed by the Global Change Research Program and include the 
ecological, social, and economic impacts on local, State, and 
regional economies, including the impact on abundance or 
distribution of economically important living marine resources.
  This section would require the Secretary of Commerce to 
prepare and submit to the Congress an agency-specific plan that 
includes a coastal and ocean adaptation plan to address the 
impacts of climate change, ocean acidification, and sea level 
rise. The plan would include recommendations regarding 
potential Federal flood insurance program modifications, 
mitigation incentives for coastal land use planning, and 
coastal hazards protocols.
  This section also would require the Secretary of Commerce, 
acting through NOAA and in coordination with other relevant 
Federal agencies, to establish a program to provide technical 
planning assistance and products to coastal States and local 
governments to develop their own State and local plans.
Section 7. Coastal and Ocean Adaptation Grants
  This section would amend the Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.) by adding a grant program to 
provide support to coastal States in developing and 
implementing State coastal and ocean adaptation programs.
Section 8. Authorization of appropriations
  This section would authorize annual appropriations for each 
of fiscal years 2009 through 2013 of $25,000,000 to implement 
the National Strategic Plan for Climate Change Adaptation, 
$75,000,000 to conduct the regional assessments of coastal and 
ocean vulnerability to the impacts of climate change and ocean 
acidification, and $150,000,000 for the development of coastal 
and ocean adaptation plans, of which 75 percent would be 
provided to the States.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):\1\
---------------------------------------------------------------------------
    \1\ The text of the National Climate Program Act of 1978 has been 
modified to reflect amendments that would be made in that Act if S. 
2307, as ordered reported by the Committee on December 4, 2007, were 
enacted before S. 2355 were enacted. The National Climate Service Act 
of 2007 is a title in S. 2307 that would amend the National Climate 
Program Act.
---------------------------------------------------------------------------

                      NATIONAL CLIMATE PROGRAM ACT

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``National 
Climate Service Act of 2007''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Definitions.
Sec. 5. National Climate Program.
Sec. 6. National Climate Service.
Sec. 7. Contract and grant authority.
Sec. 8. Annual report.
Sec. 9. Authorization of appropriations.''.

SEC. 2. FINDINGS.

  The Congress finds the following:
          (1) Climate change and related hazards affect public 
        safety, environmental services and security, human 
        health, agriculture, energy use, water resources, 
        wildlife and other natural resources, and other factors 
        vital to national security and human welfare.
          (2) The present rate of advance of national efforts 
        in research and development and the application of such 
        advances is inadequate to meet the challenges posed by 
        observed and projected rates of climate change and the 
        increasing demand for information to guide planning and 
        response across all sectors.
          (3) The United States lacks adequate research, 
        infrastructure, and coordinated outreach and 
        communication mechanisms to meet national climate 
        monitoring, prediction, and decision support needs for 
        adapting to and mitigating the impacts of climate 
        change.
          (4) Information regarding climate change is not being 
        fully disseminated or used, and Federal efforts have 
        given insufficient attention to assessing and applying 
        this information.
          (5) Climate change occur on a global basis making 
        international cooperation essential for the purpose of 
        sharing the benefits and costs of a global effort to 
        understand and communicate these changes.
          (6) Recent scientific reports by the 
        Intergovernmental Panel on Climate Change conclusively 
        found that climate change is occurring, and that 
        impacts from climate change can be expected in even 
        shorter time periods than had been previously 
        predicted.
          (7) The Panel found that the resilience of many 
        ecosystems is likely to be exceeded this century by an 
        unprecedented combination of climate change, associated 
        disturbances such as flooding and drought, and other 
        global change drivers such as land-use change.
          (8) According to the Panel, approximately 20 to 30 
        percent of plant and animal species assessed so far are 
        likely to be at increased risk of extinction if 
        increases in global average temperature exceed 1.5 to 
        2.5 degrees Celsius.
          (9) The Panel also found that the progressive 
        acidification of oceans due to increasing atmospheric 
        carbon dioxide is expected to have negative impacts on 
        marine shell-forming organisms, such as corals, and 
        their dependent species.
          (10) The Panel found that coasts will be exposed to 
        increasing risks, including coastal erosion, over 
        coming decades due to climate change and sea-level 
        rise, and that adaptation costs for vulnerable coasts 
        are much less than the costs of inaction.
          (11) In its September, 2007, study entitled 
        Evaluating Progress of the U.S. Climate Change Science 
        Program: Methods and Preliminary Results, the National 
        Academy of Sciences concluded that there is a 
        tremendous need to improve the delivery of information 
        to decision makers at the Federal, regional, and local 
        levels on climate change impacts and to take such 
        impacts into account in planning and in managing 
        resources.
          (12) States and local communities may need Federal 
        assistance in developing and implementing strategies to 
        address the impacts of climate change.
          (13) In its August, 2007, report entitled Climate 
        Change: Agencies Should Develop Guidance for Addressing 
        the Effects on Federal Land and Water Resources, GAO-
        07-863, the Government Accountability Office found that 
        the Federal Government is not providing the National 
        Oceanic and Atmospheric Administration and other 
        Federal agencies that are responsible for managing 
        natural resources with the proper tools or policy 
        mandates to take the impacts of climate change into 
        account in carrying out their responsibilities to 
        manage public resources.
          (14) The National Oceanic and Atmospheric 
        Administration, which plays a leading role in the 
        Federal Government's Global Change Research Program, 
        has a key role to play both in predicting impacts of 
        climate change on natural resources and in improving 
        data sharing and archiving of climate change research 
        results to facilitate the delivery of information 
        critical to adaptation and management to end users.
          (15) The National Oceanic and Atmospheric 
        Administration has a key role to play in addressing the 
        impacts of climate change on our Nation's coastal areas 
        and ocean resources.

SEC. 4. DEFINITIONS.

                            [15 U.S.C. 2903]

  In this Act:
          (1) Administrator.--The term ``Administrator'' means 
        the Administrator of the National Oceanic and 
        Atmospheric Administration.
          (2) Advisory Council.--The term ``Advisory Council'' 
        refers to the Climate Services Advisory Council.
          (3) Climate change.--The term ``climate change'' 
        means any change in climate over time, whether due to 
        natural variability or as a result of human activity.
          (4) Coastal state.--The term ``coastal state'' has 
        the meaning given that term by section 304((4) of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 
        1453(4)).
          [(4)] (5) Director.--The term ``Director'' means the 
        Director of the National Oceanic and Atmospheric 
        Administration's National Climate Service.
          [(5)] (6) Global change research program.--The term 
        ``Global Change Research Program'' means the United 
        States Global Change Research Program established under 
        section 103 of the Global Change Research Act of 1990 
        (15 U.S.C. 2933).
          [(6)] (7) Program.--The term ``Program'' means the 
        National Climate Program.
          [(7)] (8) Secretary.--The term ``Secretary'' means 
        the Secretary of Commerce, acting through the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
          [(8)] (9) Service.--The term ``Service'' means the 
        National Oceanic and Atmospheric Administration's 
        National Climate Service.

[SEC. 5. NATIONAL CLIMATE PROGRAM.]

                            [15 U.S.C. 2904]

  [(a) Establishment.--The President shall establish a National 
Climate Program in accordance with the provisions, findings and 
purposes of this Act.
  [(b) Duties.--The President shall--
          [(1) promulgate the 5-year plans described in 
        subsection (d)(9);
          [(2) define the roles in the Program of Federal 
        officers, departments, and agencies, including the 
        Departments of Agriculture, Commerce, Defense, Energy, 
        Interior, State, and Transportation; the Environmental 
        Protection Agency; the National Aeronautics and Space 
        Administration; the Council on Environmental Quality; 
        the National Science Foundation; and the Office of 
        Science and Technology Policy; and
          [(3) provide for Program coordination.
  [(c) National Climate Program Office.--
          [(1) The Secretary shall establish within the 
        Department of Commerce a National Climate Program 
        Office not later than 30 days after the date of the 
        enactment of this Act.
          [(2) The Office shall--
                  [(A) serve as the lead entity responsible for 
                administering the program;
                  [(B) be headed by a Director who shall 
                represent the Climate Program Policy Board and 
                shall be spokesperson for the program;
                  [(C) serve as the staff for the Board and its 
                supporting committees and working groups;
                  [(D) review each agency budget request 
                transmitted under subsection (g)(1) and submit 
                an analysis of the requests to the Board for 
                its review;
                  [(E) be responsible for coordinating 
                interagency participation in international 
                climate-related activities; and
                  [(F) work with the National Academy of 
                Sciences and other private, academic, State, 
                and local groups in preparing and implementing 
                the 5-year plan (described in subsection 
                (d)(9)) and the program. The analysis described 
                in subparagraph (D) shall include an analysis 
                of how each agency's budget request relates to 
                the priorities and goals of the program 
                established pursuant to this Act.
          [(3) The Secretary may provide, through the Office, 
        financial assistance, in the form of contracts or 
        grants or cooperative agreements, for climate-related 
        activities which are needed to meet the goals and 
        priorities of the program set forth in the 5-year plan 
        pursuant to subsection (d)(9), if such goals and 
        priorities are not being adequately addressed by any 
        Federal department, agency, or instrumentality.
          [(4) Each Federal officer, employee, department and 
        agency involved in the Program shall cooperate with the 
        Secretary in carrying out the provisions of this Act.
  [(d) Program elements.--The Program shall include, but not be 
limited to, the following elements:
          [(1) assessments of the effect of climate on the 
        natural environment, agricultural production, energy 
        supply and demand, land and water resources, 
        transportation, human health and national security. 
        Such assessments shall be conducted to the maximum 
        extent possible by those Federal agencies having 
        national programs in food, fiber, raw materials, 
        energy, transportation, land and water management, and 
        other such responsibilities, in accordance with 
        existing laws and regulations. Where appropriate such 
        assessments may include recommendations for action;
          [(2) basic and applied research to improve the 
        understanding of climate processes, natural and man 
        induced, and the social, economic, and political 
        implications of climate change;
          [(3) methods for improving climate forecasts on a 
        monthly, seasonal, yearly, and longer basis;
          [(4) global data collection, and monitoring and 
        analysis activities to provide reliable, useful and 
        readily available information on a continuing basis;
          [(5) systems for the management and active 
        dissemination of climatological data, information and 
        assessments, including mechanisms for consultation with 
        current and potential users;
          [(6) measures for increasing international 
        cooperation in climate research, monitoring, analysis 
        and data dissemination;
          [(7) mechanisms for intergovernmental climate-related 
        studies and services including participation by 
        universities, the private sector and others concerned 
        with applied research and advisory services. Such 
        mechanisms may provide, among others, for the following 
        State and regional services and functions:
                  [(A) studies relating to and analyses of 
                climatic effects on agricultural production, 
                water resources, energy needs, and other 
                critical sectors of the economy;
                  [(B) atmospheric data collection and 
                monitoring on a statewide and regional basis;
                  [(C) advice to regional, State, and local 
                government agencies regarding climate-related 
                issues;
                  [(D) information to users within the State 
                regarding climate and climatic effects; and
                  [(E) information to the Secretary regarding 
                the needs of persons within the States for 
                climate-related services, information, and 
                data. The Secretary may make annual grants to 
                any State or group of States, which grants 
                shall be made available to public or private 
                educational institutions, to State agencies, 
                and to other persons or institutions qualified 
                to conduct climate-related studies or provide 
                climate-related services;
          [(8) experimental climate forecast centers, which 
        shall
                  [(A) be responsible for making and routinely 
                updating experimental climate forecasts of a 
                monthly, seasonal, annual, and longer nature, 
                based on a variety of experimental techniques;
                  [(B) establish procedures to have forecasts 
                reviewed and their accuracy evaluated; and
                  [(C) protect against premature reliance on 
                such experimental forecasts; and
          [(9) a preliminary 5-year plan, to be submitted to 
        the Congress for review and comment, not later than 180 
        days after the enactment of this Act, and a final 5-
        year plan to be submitted to the Congress not later 
        than 1 year after the enactment of this Act, that shall 
        be revised and extended at least once every four years. 
        Each plan shall establish the goals and priorities for 
        the Program, including the intergovernmental program 
        described in paragraph (7), over the subsequent 5-year 
        period, and shall contain details regarding (A) the 
        role of Federal agencies in the programs, (B) Federal 
        funding required to enable the Program to achieve such 
        goals, and (C) Program accomplishments that must be 
        achieved to ensure that Program goals are met within 
        the time frame established by the plan.
  [(e) Climate Program Policy Board.--(1) The Secretary shall 
establish and maintain an interagency Climate Program Policy 
Board, consisting of representatives of the Federal agencies 
specified in subsection (b)(2) and any other agency which the 
Secretary determines should participate in the Program.
  [(2) The Board shall--
          [(A) be responsible for coordinated planning and 
        progress review for the Program;
          [(B) review all agency and department budget requests 
        related to climate transmitted under subsection (g)(1) 
        and submit a report to the Office of Management and 
        Budget concerning such budget requests;
          [(C) establish and maintain such interagency groups 
        as the Board determines to be necessary to carry out 
        its activities; and
          [(D) consult with and seek the advice of users and 
        producers of climate data, information, and services to 
        guide the Board's efforts, keeping the Director and the 
        Congress advised of such contacts.
  [(3) The Board biennially shall select a Chair from among its 
members. A Board member who is a representative of an agency 
may not serve as Chair of the Board for a term if an individual 
who represented that same agency on the Board served as the 
Board's Chair for the previous term.
  [(f) Cooperation.--(1) The Program shall be conducted so as 
to encourage cooperation with, and participation in the Program 
by, other organizations or agencies involved in related 
activities. For this purpose the Secretary shall cooperate and 
participate with other Federal agencies, and foreign, 
international, and domestic organizations and agencies involved 
in international or domestic climate-related programs.
  [(2) The Secretary and the Secretary of State shall cooperate 
with the Office in (A) providing representation at climate-
related international meetings and conferences in which the 
United States participates, and (B) coordinating the activities 
of the Program with the climate programs of other nations and 
international agencies and organizations, including the World 
Meteorological Organization, the International Council of 
Scientific Unions, the United Nations Environmental Program, 
the United Nations Educational, Scientific, and Cultural 
Organization, the World Health Organization, and Food and 
Agriculture Organization.
  [(g) Budgeting.--Each Federal agency and department 
participating in the Program, shall prepare and submit to the 
Office of Management and Budget, on or before the date of 
submission of departmental requests for appropriations to the 
Office of Management and Budget, an annual request for 
appropriations for the Program for the subsequent fiscal year 
and shall transmit a copy of such request to the National 
Climate Program Office. The Office of Management and Budget 
shall review the request for appropriations as an integrated, 
coherent, multi-agency request.]

SEC. 5. NATIONAL CLIMATE PROGRAM.

  (a) Establishment.--There is hereby established a National 
Climate Program in accordance with the findings and purposes of 
this Act.
  (b) Program Elements.--
          (1) In general.--The Program shall include--
                  (A) a strategic planning process to address 
                the impacts of climate change within the United 
                States; and
                  (B) a National Climate Service to be 
                established within the National Oceanic and 
                Atmospheric Administration.
  (c) Duties.--The President shall--
          (1) develop the 5-year plans described in section 9;
          (2) define the roles in the Program of Federal 
        officers, departments, and agencies, including the 
        Departments of Agriculture, Commerce, Defense, Energy, 
        Interior, State, and Transportation; the Environmental 
        Protection Agency; the National Aeronautics and Space 
        Administration; the Council on Environmental Quality; 
        the National Science Foundation; and the Office of 
        Science and Technology Policy; and
          (3) provide for Program coordination.

           *       *       *       *       *       *       *

SEC. 9. NATIONAL STRATEGIC PLAN FOR CLIMATE CHANGE ADAPTATION.

  (a) In General.--Not later than 2 years after the date of 
enactment of the Climate Change Adaptation Act, the President 
shall provide to the Congress a 5-year national strategic plan 
to address the impacts of climate change within the United 
States. The President shall provide a mechanism for consulting 
with States and local governments, the private sector, 
universities, and other nongovernmental entities in developing 
the plan. The plan shall be updated at least every 5 years.
  (b) Contents of Plan.--The plan shall, at a minimum--
          (1) identify existing Federal requirements, 
        protocols, and capabilities for addressing climate 
        change impacts on federally managed resources and with 
        respect to Federal actions and policies;
          (2) identify measures to improve such capabilities 
        and the utilization of such capabilities;
          (3) include guidance for integrating the 
        consideration of the impacts of climate change on 
        Federally-managed resources, and in Federal actions and 
        policies, consistent with existing authorities;
          (4) address vulnerabilities and priorities identified 
        through the assessments carried out under the Global 
        Change Research Act of 1990 and this Act;
          (5) establish a mechanism for the exchange of 
        information related to addressing the impacts of 
        climate change with, and provide technical assistance 
        to, State and local governments and nongovernmental 
        entities;
          (6) recommend specific partnerships with State and 
        local governments and nongovernmental entities to 
        support and coordinate implementation of the plan;
          (7) include implementation and funding strategies for 
        short-term and long-term actions that may be taken at 
        the national, regional, State, and local level, taking 
        into account existing planning and other requirements;
          (8) establish a process to develop more detailed 
        agency and department-specific plans;
          (9) identify opportunities to utilize observations 
        from both ground-based and remote sensing platforms and 
        other geospatial technologies to improve planning for 
        adaptation to climate change impacts;
          (10) identify existing legal authorities and 
        additional authorities necessary to implement the plan;
          (11) identify existing high resolution elevation data 
        and bathymetric data and develop a prioritized plan for 
        filling existing gaps; and
          (12) include appropriate steps for partnerships with 
        international organizations and foreign governments on 
        international activities to address climate change 
        impacts, including the sharing of technical assistance 
        and capacity-building expertise..
  (c) Interim Activities.--Nothing in this section shall be 
understood to prevent any Federal agency or department to take 
climate change impacts into account, consistent with its 
existing authorities, until the requirements of this section 
are implemented. Federal agencies are presently encouraged to 
take climate change into account under all existing relevant 
authorities to the maximum extent practicable and consistent 
with those authorities.
  (d) Coordination.--The President shall ensure that the 
mechanism to provide information related to addressing the 
impacts of climate change to State and local governments and 
nongovernmental entities is appropriately coordinated or 
integrated with existing programs that provide similar 
information on climate change predictions.
  (e) Relationship to Other Authorities.--Nothing in this 
section shall supersede any Federal authority in effect on the 
date of enactment of the Climate Change Adaptation Act or 
create any new legal right of action.

SEC. 10. OCEAN AND COASTAL VULNERABILITY AND ADAPTATION.

  (a) Coastal and Ocean Vulnerability.--
          (1) In general.--Within 2 years after the date of 
        enactment of the Climate Change Adaptation Act, the 
        Secretary of Commerce shall, in consultation with the 
        appropriate Federal, State, and local governmental 
        entities, coordinate and support regional assessments 
        of the vulnerability of coastal and ocean areas and 
        resources, including living marine resources, to 
        hazards associated with climate change, and ocean 
        acidification including--
                  (A) variations in sea level including long-
                term sea level rise;
                  (B) fluctuation of Great Lakes water levels;
                  (C) increases in severe weather events;
                  (D) natural hazards and events including 
                storm surge, precipitation, flooding, 
                inundation, drought, and fires;
                  (E) changes in sea ice;
                  (F) changes in ocean currents impacting 
                global heat transfer;
                  (G) increased siltation due to coastal 
                erosion;
                  (H) shifts in the hydrological cycle; and
                  (I) alteration of ecological communities, 
                including at the ecosystem or watershed levels.
          (2) Factors.--In preparing the regional coastal 
        assessments, the Secretary shall take into account the 
        information and assessments being developed pursuant to 
        the Global Change Research Program. The regional 
        assessments shall include an evaluation of--
                  (A) observed and projected physical, 
                biological, and ecological impacts, such as 
                coastal erosion, flooding and loss of estuarine 
                habitat, saltwater intrusion of aquifers and 
                saltwater encroachment, coral reef bleaching, 
                impacts on food web distribution, impacts on 
                marine habitat and ecosystem productivity, 
                species migration, species abundance and 
                distribution, and changes in marine pathogens 
                and diseases;
                  (B) social and cultural impacts associated 
                with threats to and potential losses of 
                housing, communities, recreational 
                opportunities, aesthetic values, and 
                infrastructure; and
                  (C) economic impacts on local, State, and 
                regional economies, including the impact on 
                abundance or distribution of economically 
                important living marine resources.
          (3) Updates.--The Secretary shall update such 
        assessments at least once every 5 years.
  (b) Coastal and Ocean Adaptation Plan.--The Secretary shall, 
within 3 years after the date of enactment of the Climate 
Change Adaptation Act, submit to the Congress an agency-
specific plan, as required by section 9(c). The plan shall 
include a national coastal and ocean adaptation plan, composed 
of individual regional adaptation plans that recommend targets 
and strategies to address coastal and ocean impacts associated 
with climate change, ocean acidification, and sea level rise. 
The plan shall serve as the agency-specific plan. The plan 
shall be developed with the participation of other Federal, 
State, and local government agencies that will be critical in 
the implementation of the plan at the State and local levels 
and shall take into account the results of the regional 
assessments to be conducted under subsection (a), the work of 
the Global Change Research Program, and recommendations of the 
National Science Board in its January 12, 2007, report entitled 
Hurricane Warning: The Critical Need for a National Hurricane 
Research Initiative and other relevant studies, and not 
duplicate existing Federal and State hazard planning 
requirements. The Plan shall include both short- and long-term 
adaptation strategies and shall include, at a minimum, 
recommendations regarding--
          (1) Federal flood insurance program modifications;
          (2) areas that have been identified as high risk 
        through mapping and assessment;
          (3) mitigation incentives such as rolling easements, 
        strategic retreat, State or Federal acquisition in fee 
        simple or other interest in land, construction 
        standards, infrastructure planning, and zoning;
          (4) land and property owner education;
          (5) economic planning for small communities dependent 
        upon affected coastal and ocean resources, including 
        fisheries;
          (6) coastal hazards protocols to reduce the risk of 
        damage to lives and property, and reduce threats to 
        public health and a process for evaluating the 
        implementation of such protocols;
          (7) strategies to address impacts on critical 
        biological and ecological processes, giving a priority 
        to the most vulnerable natural resources and 
        communities;
          (8) proposals to integrate measures into the actions 
        and policies of the National Oceanic and Atmospheric 
        Administration and other Federal agencies, as 
        appropriate;
          (9) a plan for additional observations, research, 
        modeling, assessment and information 
        products,environmental data stewardship, and 
        development of technologies and capabilities to address 
        such impacts;
          (10) a plan for data archive and access, and 
        processes for sharing data and information for 
        addressing such impacts;
          (11) plans to pursue bilateral and multilateral 
        agreements necessary to effectively address such 
        impacts;
          (12) partnerships with States and nongovernmental 
        organizations;
          (13) methods to mitigate the impacts identified, 
        including habitat protection and restoration measures; 
        and
          (14) funding requirements and mechanisms.
  (c) Technical Planning Assistance.--The Secretary, through 
the National Oceanic and Atmospheric Administration and in 
coordination with other Federal agencies with existing 
authorities concerning hazard mitigation planning, shall 
establish a coordinated program to provide technical planning 
assistance and products to coastal States and local governments 
as they develop and implement adaptation or mitigation 
strategies and plans. Products, information, tools and 
technical expertise generated from the development of the 
regional coastal and ocean assessments and the coastal and 
ocean adaptation plans will be made available to coastal States 
for the purposes of developing their own State and local plans.

SEC. [9.] 11.  AUTHORIZATION OF APPROPRIATIONS.

                            [15 U.S.C. 2908]

  (a) National Climate Service._There are authorized to be 
appropriated to the Secretary to carry out sections 6, 7, and 8 
of this Act--
          (1) $300,000,000 for fiscal year 2009;
          (2) $350,000,000 for fiscal year 2010;
          (3) $400,000,000 for fiscal year 2011;
          (4) $450,000,000 for fiscal year 2012; and
          (5) $500,000,000 for fiscal year 2013.
  (b) National Strategy.--In addition to any other funds 
otherwise authorized to be appropriated, there are authorized 
to be appropriated for each of fiscal years 2009 through 2013 
$25,000,000 to carry out section 9.
  (c) Coastal and Ocean Assessments.--In addition to any other 
funds otherwise authorized to be appropriated, there are 
authorized to be appropriated to the Secretary $75,000,000 for 
each of fiscal years 2009 through 2013 to carry out section 
10(a).
  (d) Coastal and Ocean Adaptation Plan.--In addition to any 
other funds otherwise authorized to be appropriated, there are 
authorized to be appropriated for each of fiscal years 2009 
through 2013 $150,000,000, of which 75 percent shall be for 
State plans.

                  COASTAL ZONE MANAGEMENT ACT OF 1972

                        [16 U.S.C. 1451 et seq.]

SEC. 320. CLIMATE CHANGE ADAPTATION PLANS.

  (a) Grants.--The Secretary shall provide grants of financial 
assistance to coastal states with federally approved coastal 
zone management programs to develop and begin implementing 
coastal and ocean adaptation programs.
  (b) Allocation of Funds.--The Secretary shall distribute 
grant funds under subsection (a) among coastal States in 
accordance with the formula established under section 306(c) of 
this Act, adjusted in consultation with the States as necessary 
to provide assistance to particularly vulnerable coastlines.
  (c) Plan Content.--In order to receive financial assistance 
under this section, a plan must be approved by the Secretary, 
and be consistent with and further the goals of the coastal and 
ocean adaptation plan to be developed pursuant to section 10 of 
the National Climate Service Act of 2007, and be consistent 
with such State's coastal management program.
  (d) State Hazard Mitigitation Plans.--Plans developed by 
States pursuant to this section shall be consistent with State 
hazard mitigation plans developed under State or Federal law.

                                  
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