975 
(1) Subject to standards and an implementation 
schedule set by the Administrator, the energy refund 
shall be provided in monthly installments via— 
(A) direct deposit into the eligible house-
hold’s designated bank account; 
(B) the State’s electronic benefit transfer 
system; or 
(C) another Federal or State mechanism, if 
such a mechanism is approved by the Adminis-
trator. 
(2) Such standards shall include— 
(A)(i) defining the required level of recipi-
ent protection regarding privacy; 
(ii) guidance on how recipients are offered 
choices, when relevant, about the delivery mecha-
nism; 
(iii) guidance on ease of use and access to 
the refund, including the prohibition of fees 
charged to recipients for withdrawals or other 
services; and 
(iv) cost-effective protections against im-
proper accessing of the energy refund; 
(B) operating standards that provide for 
interoperability between States and law enforce-
ment monitoring; and 
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(C) other standards, as determined by the 
Administrator or the Administrator’s designee. 
(e) INFORMATION
ABOUT
REFUND
PROVIDED
TO 
HOUSEHOLDS AND INTERNAL REVENUE SERVICE.— 
(1) By January 31 of each year, for each adult 
that was a member of a household that received an 
energy refund under this section in the State during 
the prior calendar year, each State shall issue a form 
that conforms to standards established by the Sec-
retary of the Treasury under section 36B(b) of the In-
ternal Revenue Code of 1986, containing— 
(A) the name, address, and social security 
number of the adult household member; and 
(B) the number of months the individual 
was a member of a household that received an 
energy refund under this section. 
(2) States shall provide this information to the 
Internal Revenue Service in accordance to standards 
and regulations set forth by the Secretary of the 
Treasury. 
(f) ADMINISTRATION.— 
(1) IN GENERAL.—The State agency of each par-
ticipating State shall assume responsibility for the 
certification of applicant households and for the 
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issuance of refunds and the control and accountability 
thereof. 
(2) PROCEDURES.—Under standards established 
by the Administrator, the State agency shall establish 
procedures governing the administration of the En-
ergy Refund Program that the State agency deter-
mines best serve households in the State, including 
households with special needs, such as households with 
elderly or disabled members, households in rural 
areas, homeless individuals, and households residing 
on reservations as defined in the Indian Child Wel-
fare Act of 1978 and the Indian Financing Act of 
1974. In carrying out this paragraph, a State agen-
cy— 
(A) shall provide timely, accurate, and fair 
service to applicants for, and participants in, 
the Energy Refund Program; 
(B) shall permit an applicant household to 
apply to participate in the program at the time 
that the household first contacts the State agency, 
and shall consider an application that contains 
the name, address, and signature of the appli-
cant to be sufficient to constitute an application 
for participation; 
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(C) shall screen any applicant household for 
the Supplemental Nutrition Assistance Program, 
the State’s medical assistance program under 
section XIX of the Social Security Act, State 
Childrens Health Insurance Program under sec-
tion XXI of the Social Security Act, and a State 
program that provides basic assistance under a 
State program funded under title IV of the So-
cial Security Act or with qualified State expend-
itures as defined in section 409(a)(7) of the So-
cial Security Act for eligibility for the Energy 
Refund Program and, if eligible, shall enroll 
such applicant household in the Energy Refund 
Program; 
(D) shall complete certification of and pro-
vide a refund to any eligible household not later 
than thirty days following its filing of an appli-
cation; 
(E) shall use appropriate bilingual per-
sonnel and materials in the administration of 
the program in those portions of the State in 
which a substantial number of members of low- 
income households speak a language other than 
English; and 
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(F) shall utilize State agency personnel who 
are employed in accordance with the current 
standards for a Merit System of Personnel Ad-
ministration or any standards later prescribed 
by the Office of Personnel Management pursuant 
to section 208 of the Intergovernmental Personnel 
Act of 1970 (42 U.S.C. 4728) modifying or su-
perseding such standards relating to the estab-
lishment and maintenance of personnel stand-
ards on a merit basis to make all tentative and 
final determinations of eligibility and ineligi-
bility. 
(3) REGULATIONS.— 
(A) Except as provided in subparagraph 
(B) the Administrator shall issue such regula-
tions consistent with this section as the Adminis-
trator deems necessary or appropriate for the ef-
fective and efficient administration of the En-
ergy Refund Program and shall promulgate all 
such regulations in accordance with the proce-
dures set forth in section 553 of title 5, United 
States Code. 
(B) Without regard to section 553 of title 5 
of such Code, the Administrator may, during the 
period beginning with the effective date of this 
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section and ending two years after such date, by 
rule promulgate as final any procedures that are 
substantially the same as the procedures gov-
erning the Supplemental Nutrition Assistance 
Program at 7 C.F.R. 273.2, 273.12.273.15. 
(g) TREATMENT.—The value of the refund provided 
under this Act shall not be considered income or resources 
for any purpose under any Federal, State, or local laws, 
including, but not limited to, laws relating to an income 
tax, or public assistance programs (including, but not lim-
ited to, health care, cash aid, child care, nutrition pro-
grams, and housing assistance) and no participating State 
or political subdivision thereof shall decrease any assistance 
otherwise provided an individual or individuals because of 
the receipt of a refund under this Act. 
(h) PROGRAM INTEGRITY.—For purposes of ensuring 
program integrity and complying with the requirements of 
the Improper Payment Information Act of 2002, the Ad-
ministrator shall— 
(1) to the maximum extent possible rely on and 
coordinate with the quality control sample and review 
procedures of section 16(c)(2), (3), (4), and (5) of the 
Supplemental Nutrition Assistance Program; and 
(2) develop procedures to monitor the compliance 
with and accuracy of State agencies in providing 
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forms to household members and the Internal Revenue 
Service under subsection (f). 
(i) DEFINITIONS.— 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency or the head of another 
agency designated by the Administrator. 
(2) ELECTRONIC BENEFIT TRANSFER SYSTEM.— 
The term ‘‘electronic benefit transfer system’’ means a 
system by which household benefits or refunds defined 
under subsection (d) are issued from and stored in a 
central databank via electronic benefit transfer cards. 
(3) GROSS INCOME.—The term ‘‘gross income’’ 
means the gross income of a household that is deter-
mined in accordance with standards and procedures 
established under section 5 of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2014) and its implementing 
regulations. 
(4) 
HOUSEHOLD.—The 
term 
‘‘household’’ 
means— 
(A)(i) except as provided in subparagraph 
(C), an individual or a group of individuals who 
are a household under section 3(n) of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2012(n)); 
and 
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(ii) a single individual or married couple 
that receive benefits under section 1860D–14 of 
the Social Security Act (42 U.S.C. 1395w–114). 
(B) The Administrator shall establish rules 
for providing the energy refund in an equitable 
and administratively simple manner to house-
holds where the group of individuals who live to-
gether includes a combination of members de-
scribed in clauses (i) and (ii) of subparagraph 
(A), or includes additional members not de-
scribed in clause (i) or clause (ii) of subpara-
graph (A). 
(C) The Administrator shall establish rules 
regarding the eligibility and delivery of the en-
ergy refund to groups of individuals described in 
section 3(n)(4) or (5) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2012(n)). 
(5) POVERTY
LINE.—The term ‘‘poverty line’’ 
has the meaning given the term in section 673(2) of 
the Community Services Block Grant Act (42 U.S.C. 
9902(2)), including any revision required by that sec-
tion. 
(6) STATE.—The term ‘‘State’’ means the 50 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, American Samoa, the United States 
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Virgin Islands, Guam, and the Commonwealth of the 
Northern Mariana Islands. 
(7) STATE AGENCY.—The term ‘‘State agency’’ 
means an agency of State government, including the 
local offices thereof, that has responsibility for admin-
istration of the 1 or more federally aided public as-
sistance programs within the State, and in those 
States where such assistance programs are operated 
on a decentralized basis, the term shall include the 
counterpart local agencies administering such pro-
grams. 
(8) OTHER TERMS.—Other terms not defined in 
this Act shall have the same meaning applied in the 
Supplemental Nutrition Assistance Program unless 
the Administrator finds for good cause that applica-
tion of a particular definition would be detrimental 
to the purposes of the Energy Refund Program. 
Subtitle D—Exporting Clean 
Technology 
SEC. 441. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Protecting Americans from the impacts of 
climate change requires global reductions in green-
house gas emissions. 
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(2) Although developing countries are histori-
cally least responsible for the cumulative greenhouse 
gas emissions that are causing climate change and 
continue to have very low per capita greenhouse gas 
emissions, their overall greenhouse gas emissions are 
increasing as they seek to grow their economies and 
reduce energy poverty for their populations. 
(3) Many developing countries lack the financial 
and technical resources to adopt clean energy tech-
nologies and absent assistance their greenhouse gas 
emissions will continue to increase. 
(4) Investments in clean energy technology co-
operation can substantially reduce global greenhouse 
gas emissions while providing developing countries 
with incentives to adopt policies that will address 
competitiveness concerns related to regulation of 
United States greenhouse gas emissions. 
(5) Investments in clean technology in devel-
oping countries will increase demand for clean energy 
products, open up new markets for United States 
companies, spur innovation, and lower costs. 
(6) Under Article 4 of the United Nations 
Framework Convention on Climate Change, developed 
country parties, including the United States, com-
mitted to ‘‘take all practicable steps to promote, fa-
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985 
cilitate, and finance, as appropriate, the transfer of, 
or access to, environmentally sound technologies and 
know-how to other parties, particularly developing 
country parties, to enable them to implement the pro-
visions of the Convention’’. 
(7) Under the Bali Action Plan, developed coun-
try parties to the United Nations Framework Conven-
tion on Climate Change, including the United States, 
committed to ‘‘enhanced action on the provision of fi-
nancial resources and investment to support action 
on mitigation and adaptation and technology co-
operation,’’ including, inter alia, consideration of 
‘‘improved access to adequate, predictable, and sus-
tainable financial resources and financial and tech-
nical support, and the provision of new and addi-
tional resources, including official and concessional 
funding for developing country parties’’. 
(b) PURPOSES.—The purposes of this subtitle are— 
(1) to provide United States assistance and le-
verage private resources to encourage widespread im-
plementation, in developing countries, of activities 
that reduce, sequester, or avoid greenhouse gas emis-
sions; and 
(2) to provide such assistance in a manner 
that— 
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(A) encourages such countries to adopt poli-
cies and measures, including sector-based and 
cross-sector policies and measures, that substan-
tially reduce, sequester, or avoid greenhouse gas 
emissions; and 
(B) promotes the successful negotiation of a 
global agreement to reduce greenhouse gas emis-
sions under the United Nations Framework Con-
vention on Climate Change. 
SEC. 442. DEFINITIONS. 
In this subtitle: 
(1) ALLOWANCE.—The term ‘‘allowance’’ means 
an emission allowance established under section 721 
of the Clean Air Act. 
(2) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committees on Energy and Com-
merce, Foreign Affairs, and Financial Services 
of the House of Representatives; and 
(B) the Committees on Environment and 
Public Works, Energy and Natural Resources, 
and Foreign Relations of the Senate. 
(3) 
CONVENTION.—The 
term 
‘‘Convention’’ 
means the United Nations Framework Convention on 
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987 
Climate Change, done at New York on May 9, 1992, 
and entered into force on March 21, 1994. 
(4) DEVELOPING
COUNTRY.—The term ‘‘devel-
oping country’’ means a country eligible to receive of-
ficial development assistance according to the income 
guidelines of the Development Assistance Committee 
of the Organization for Economic Cooperation and 
Development. 
(5) ELIGIBLE
COUNTRY.—The term ‘‘eligible 
country’’ means a developing country that is deter-
mined by the interagency group under section 444 to 
be eligible to receive assistance from the International 
Clean Technology Account. 
(6) INTERAGENCY
GROUP.—The term ‘‘inter-
agency group’’ means the group established by the 
President under section 443 to administer distribu-
tions from the International Clean Technology Ac-
count. 
(7) INTERNATIONAL
CLEAN
TECHNOLOGY
AC-
COUNT.—The term ‘‘International Clean Technology 
Account’’ means the account to which the Adminis-
trator allocates allowances under section 782(o) of the 
Clean Air Act. 
(8) LEAST
DEVELOPED
COUNTRY.—The term 
‘‘least developed country’’ means a foreign country the 
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United Nations has identified as among the least de-
veloped of developing countries. 
(9) QUALIFYING
ACTIVITY.—The term ‘‘quali-
fying activity’’ means an activity that meets the cri-
teria in section 445. 
(10) QUALIFYING ENTITY.—The term ‘‘qualifying 
entity’’ means a national, regional, or local govern-
ment in, or a nongovernmental organization or pri-
vate entity located or operating in, an eligible coun-
try. 
SEC. 443. GOVERNANCE. 
(a) OVERSIGHT.—The Secretary of State, or such other 
Federal agency head as the President may designate, in 
consultation with the interagency group established under 
subsection (b), shall oversee distributions of allowances from 
the International Clean Technology Account. 
(b) INTERAGENCY GROUP.—The President shall estab-
lish an interagency group to administer the International 
Clean Technology Account. The Members of the interagency 
group shall include— 
(1) the Secretary of State; 
(2) the Administrator of the Environmental Pro-
tection Agency; 
(3) the Secretary of Energy; 
(4) the Secretary of the Treasury; 
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989 
(5) the Administrator of the United States Agen-
cy for International Development; and 
(6) any other head of a Federal agency or execu-
tive branch appointee that the President may des-
ignate. 
(c) CHAIRPERSON.—The Secretary of State shall serve 
as the chairperson of the interagency group. 
(d) SUPPLEMENT NOT SUPPLANT.—Allowances dis-
tributed from the International Clean Technology Account 
shall be used to supplement, and not to supplant, any other 
Federal, State, or local resources available to carry out ac-
tivities that are qualifying activities under this subtitle. 
SEC. 444. DETERMINATION OF ELIGIBLE COUNTRIES. 
(a) IN GENERAL.—The interagency group shall deter-
mine a country to be an eligible country for the purposes 
of this subtitle if a country meets the following criteria: 
(1) The country is a developing country that— 
(A) has entered into an international agree-
ment to which the United States is a party, 
under which such country agrees to take actions 
to produce measurable, reportable, and verifiable 
greenhouse gas emissions mitigation; or 
(B) is determined by the interagency group 
to have in force national policies and measures 
that are capable of producing measurable, re-
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portable, and verifiable greenhouse gas emissions 
mitigation. 
(2) The country has developed a nationally ap-
propriate mitigation strategy that seeks to achieve 
substantial reductions, sequestration, or avoidance of 
greenhouse gas emissions, relative to business-as-usual 
levels. 
(3) Subject to subsection (b)(1), such other cri-
teria as the President determines will serve the pur-
poses of this subtitle or other United States national 
security, foreign policy, environmental, or economic 
objectives. 
(b) EXCEPTIONS.— 
(1) Subsection (a)(3) applies only to bilateral as-
sistance under section 446(c). 
(2) The eligibility criteria in this section do not 
apply in the case of least developed countries receiv-
ing assistance under section 445(7) for the purpose of 
building capacity to meet such eligibility criteria. 
SEC. 445. QUALIFYING ACTIVITIES. 
Assistance under this subtitle may be provided only 
to qualifying entities for clean technology activities (includ-
ing building relevant technical and institutional capacity) 
that contribute to substantial, measurable, reportable, and 
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991 
verifiable reductions, sequestration, or avoidance of green-
house gas emissions including— 
(1) deployment of technologies to capture and se-
quester carbon dioxide emissions from electric gener-
ating units or large industrial sources (except that as-
sistance under this subtitle for such deployment shall 
be limited to the cost of retrofitting existing facilities 
with such technologies or the incremental cost of pur-
chasing and installing such technologies at new facili-
ties); 
(2) deployment of renewable electricity genera-
tion from wind, solar, sustainably-produced biomass, 
geothermal, marine, or hydrokinetic sources; 
(3) substantial increases in the efficiency of elec-
tricity transmission, distribution, and consumption; 
(4) deployment of low- or zero emissions tech-
nologies that are facing financial or other barriers to 
their widespread deployment which could be addressed 
through support under this subtitle in order to reduce, 
sequester, or avoid emission; 
(5) reduction in transportation sector emissions 
through increased transportation system and vehicle 
efficiency or use of transportation fuels that have 
lifecycle greenhouse gas emissions that are substan-
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992 
tially lower than those attributable to fossil fuel-based 
alternatives; 
(6) reduction in black carbon emissions; or 
(7) capacity building activities, including— 
(A) developing and implementing meth-
odologies and programs for measuring and quan-
tifying greenhouse gas emissions and verifying 
emissions mitigation; 
(B) assessing, developing, and implementing 
technology and policy options for greenhouse gas 
emissions mitigation and avoidance of future 
emissions, including sector and cross-sector miti-
gation strategies; and 
(C) providing other forms of technical as-
sistance to facilitate the qualification for, and re-
ceipt of, assistance under this Act. 
SEC. 446. ASSISTANCE. 
(a) IN GENERAL.—The Secretary of State, or such 
other Federal agency head as the President may designate, 
is authorized to provide assistance, through the distribution 
of allowances, from the International Clean Technology Ac-
count for qualifying activities that take place in eligible 
countries. 
(b) DISTRIBUTION OF ALLOWANCES.— 
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993 
(1) IN
GENERAL.—The Secretary of State, or 
such other Federal agency head as the President may 
designate, after consultation with the interagency 
group, shall distribute allowances from the Inter-
national Clean Technology Account— 
(A) in the form of bilateral assistance in ac-
cordance with paragraph (4); 
(B) to multilateral funds or institutions 
pursuant to the Convention or an agreement ne-
gotiated under the Convention; or 
(C) through some combination of the mecha-
nisms identified in subparagraphs (A) and (B). 
(2) GLOBAL ENVIRONMENT FACILITY.—For any 
allowances provided to the Global Environment Facil-
ity pursuant to paragraph (1)(B), the President shall 
designate the Secretary of the Treasury to distribute 
those allowances to the Global Environment Facility. 
(3) DISTRIBUTION
THROUGH
INTERNATIONAL 
FUND OR INSTITUTION.—If allowances are distributed 
to a multilateral fund or institution, as authorized in 
paragraph (1), the Secretary of State, or such other 
Federal agency head as the President may designate, 
shall seek to ensure the establishment and implemen-
tation of adequate mechanisms to— 
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994 
(A) apply and enforce the criteria for deter-
mination of eligible countries and qualifying ac-
tivities under sections 444 and 445, respectively; 
and 
(B) require public reporting describing the 
process and methodology for selecting the ulti-
mate recipients of assistance and a description of 
each activity that received assistance, including 
the amount of obligations and expenditures for 
assistance. 
(4) BILATERAL ASSISTANCE.— 
(A) 
IN
GENERAL.—Bilateral 
assistance 
under paragraph (1) shall be carried out by the 
Administrator of the United States Agency for 
International Development, in consultation with 
the interagency group. 
(B) LIMITATIONS.—Not more than 15 per-
cent of allowances made available to carry out 
bilateral assistance under this subtitle in any 
year shall be distributed to support activities in 
any single country. 
(C) SELECTION CRITERIA.—Not later than 
2 years after the date of enactment of this sub-
title, the Administrator of the United States 
Agency for International Development, after con-
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995 
sultation with the interagency group, shall de-
velop and publish a set of criteria to be used in 
evaluating activities within eligible countries for 
bilateral assistance under this subtitle. 
(D) CRITERIA
REQUIREMENTS.—The cri-
teria under subparagraph (C) shall require 
that— 
(i) the activity is a qualifying activity; 
(ii) the activity will be conducted as 
part of an eligible country’s nationally ap-
propriate mitigation strategy or as part of 
an eligible country’s actions towards pro-
viding a nationally appropriate mitigation 
strategy to reduce, sequester, or avoid emis-
sions being implemented by the eligible 
country; 
(iii) the activity will not have adverse 
effects on human health, safety, or welfare, 
the environment, or natural resources; 
(iv) any technologies deployed through 
bilateral assistance under this subtitle will 
be properly implemented and maintained; 
(v) the activity will not cause any net 
loss of United States jobs or displacement of 
United States production; 
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996 
(vi) costs of the activity will be shared 
by the host country government, private sec-
tor parties, or a multinational development 
bank, except that this clause does not apply 
to least developed countries; and 
(vii) the activity meets such other re-
quirements as the interagency group deter-
mines appropriate to further the purposes of 
this subtitle. 
(E) CRITERIA PREFERENCES.—The criteria 
under subparagraph (C) shall give preference to 
activities that— 
(i) promise to achieve large-scale green-
house gas reductions, sequestration, or 
avoidance at a national, sectoral or cross- 
sectoral level; 
(ii) have the potential to catalyze a 
shift within the host country towards wide-
spread deployment of low- or zero-carbon 
energy technologies; 
(iii) build technical and institutional 
capacity and other activities that are un-
likely to be attractive to private sector fund-
ing; or 
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(iv) maximize opportunities to leverage 
other sources of assistance and catalyze pri-
vate-sector investment. 
(c) MONITORING, EVALUATION, AND ENFORCEMENT.— 
The Secretary of State, or such other Federal agency head 
as the President may designate, in consultation with the 
interagency group, shall establish and implement a system 
to monitor and evaluate the performance of activities receiv-
ing assistance under this subtitle. The Secretary of State, 
or such other Federal agency head as the President may 
designate, shall have the authority to suspend or terminate 
assistance in whole or in part for an activity if it is deter-
mined that the activity is not operating in compliance with 
the approved proposal. 
(d) COORDINATION WITH U.S. FOREIGN ASSIST-
ANCE.—Subject to the direction of the President, the Sec-
retary of State shall, to the extent practicable, seek to align 
activities under this section with broader development, pov-
erty alleviation, or natural resource management objectives 
and initiatives in the recipient country. 
(e) ANNUAL REPORTS.—Not later than March 1, 2012, 
and annually thereafter, the President shall submit to the 
appropriate congressional committees a report on the assist-
ance provided under this subtitle during the prior fiscal 
year. Such report shall include— 
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(1) a description of the amount and value of al-
lowances distributed during the prior fiscal year; 
(2) a description of each activity that received 
assistance during the prior fiscal year, and a descrip-
tion of the anticipated and actual outcomes; 
(3) an assessment of any adverse effects to 
human health, safety, or welfare, the environment, or 
natural resources as a result of activities supported 
under this subtitle; 
(4) an assessment of the success of the assistance 
provided under this subtitle to improving the tech-
nical and institutional capacity to implement sub-
stantial emissions reductions; and 
(5) an estimate of the greenhouse gas emissions 
reductions, sequestration, or avoidance achieved by 
assistance provided under this subtitle during the 
prior fiscal year. 
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Subtitle E—Adapting to Climate 
Change 
PART 1—DOMESTIC ADAPTATION 
Subpart A—National Climate Change Adaptation 
Program 
SEC. 451. NATIONAL CLIMATE CHANGE ADAPTATION PRO-
GRAM. 
The President shall establish within the United States 
Global Change Research Program a National Climate 
Change Adaptation Program for the purpose of increasing 
the overall effectiveness of Federal climate change adapta-
tion efforts. 
SEC. 452. CLIMATE SERVICES. 
The Secretary of Commerce, acting through the Ad-
ministrator of the National Oceanic and Atmospheric Ad-
ministration (NOAA), shall establish within NOAA a Na-
tional Climate Service to develop climate information, data, 
forecasts, and warnings at national and regional scales, 
and to distribute information related to climate impacts to 
State, local, and tribal governments and the public to facili-
tate the development and implementation of strategies to 
reduce society’s vulnerability to climate variability and 
change. 
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SEC. 453. STATE PROGRAMS TO BUILD RESILIENCE TO CLI-
MATE CHANGE IMPACTS. 
(a) DISTRIBUTION OF ALLOWANCES.— 
(1) IN GENERAL.—Not later than September 30, 
2012, and annually thereafter through 2050, the Ad-
ministrator shall distribute allowances allocated for 
purposes of this subpart pursuant to section 782 of 
the Clean Air Act ratably among the State govern-
ments based on the product of— 
(A) each State’s population; and 
(B) each State’s allocation factor as deter-
mined under paragraph (2). 
(2) STATE ALLOCATION FACTORS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the allocation factor for a 
State shall be the quotient of— 
(i) the per capita income of all indi-
viduals in the United States, divided by 
(ii) the per capita income of all indi-
viduals in such State. 
(B) LIMITATION.—If the allocation factor 
for a State as calculated under subparagraph 
(A) would exceed 1.2, then the allocation factor 
for such State shall be 1.2. If the allocation fac-
tor for a State as calculated under subparagraph 
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(A) would be less than 0.8, then the allocation 
factor for such State shall be 0.8. 
(C) PER CAPITA INCOME.—For purposes of 
this paragraph, per capita income shall be— 
(i) determined at 2-year intervals; and 
(ii) subject to subparagraph (D), equal 
to the average of the annual per capita in-
comes for the most recent period of 3 con-
secutive years for which satisfactory data 
are available from the Department of Com-
merce at the time such determination is 
made. 
(D) REVENUE DIRECTLY RESULTING FROM 
A
PRESIDENTIALLY
DECLARED
MAJOR
DIS-
ASTER.—For purposes of this paragraph, per 
capita income from one or more of the following 
sources shall be reduced or excluded if the Sec-
retary of Commerce (in consultation with the 
Administrator and the secretaries or administra-
tors of the departments or agencies involved) de-
termines that the income accrues to persons as 
the result of a Major Disaster (as declared by the 
President of the United States) and if the Sec-
retary finds that the inclusion of one or more of 
these income sources, in whole or in part, results 
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in a transitory, rather than a sustainable, in-
crease in a State’s per capita income level rel-
ative to the national average: 
(i) Property and casualty insurance 
(including homeowners and renters insur-
ance). 
(ii) The National Flood Insurance Pro-
gram of the Federal Emergency Manage-
ment Agency . 
(iii) The Individual and Family 
Grants Program of the Federal Emergency 
Management Agency. 
(iv) The Disaster Housing Program of 
the Federal Emergency Management Agen-
cy. 
(v) The Community Development Block 
Grant Program of the Department of Hous-
ing and Urban Development. 
(vi) The Disaster Unemployment As-
sistance Program of the Department of 
Labor. 
(vii) Any other source determined ap-
propriate by the Administrator. 
(b) SALE
OF ALLOWANCES.—Each State receiving 
emission allowances under this section shall sell such allow-
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ances within 1 year of receipt, either directly or through 
consignment to the Administrator for auction. States shall 
deposit the proceeds of such sales within the State Energy 
and Environment Development (SEED) Fund established 
pursuant to section 131 of this Act . Emission allowances 
distributed under this section that are not sold within 1 
year of receipt by a State shall be returned to the Adminis-
trator, who shall distribute such allowances to the remain-
ing States ratably in accordance with the formula in sub-
section (a). 
(c) USE OF PROCEEDS.—States shall, in accordance 
with a State climate adaptation plan approved pursuant 
to subsection (e), use the proceeds of sales of emission allow-
ances distributed under this section exclusively for the im-
plementation of projects, programs, or measures to build re-
silience to the impacts of climate change, including— 
(1) extreme weather events such as flooding and 
tropical cyclones; 
(2) more frequent heavy precipitation events; 
(3) water scarcity and adverse impacts on water 
quality; 
(4) stronger and longer heat waves; 
(5) more frequent and severe droughts; 
(6) rises in sea level; 
(7) ecosystem disruption; 
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(8) increased air pollution; and 
(9) effects on public health. 
(d) PRIORITY
IN PROJECTS
TO REDUCE FLOOD 
EVENTS.—When implementing any project, program, or 
measure funded under this section and designed to reduce 
flood events, a State should consider prioritizing projects 
that seek to— 
(1) mitigate the destructive impacts of climate- 
related increases in the duration, frequency, or mag-
nitude of rainfall or runoff, including snowmelt run-
off, as well as hurricanes; 
(2) improve flood protection for densely popu-
lated urban areas; and 
(3) mitigate the destructive impact of ocean-re-
lated climate change effects, including effects on bays, 
estuaries, populated barrier islands and other ocean- 
related features, through a variety of means and 
measures, including the construction of jetties, levies, 
and other coastal structures in densely populated 
coastal areas impacted by climate change. 
(e) STATE CLIMATE ADAPTATION PLANS.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Administrator, 
or such other Federal agency head or heads as the 
President may designate, shall promulgate regulations 
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establishing requirements for submission and ap-
proval of State climate adaptation plans under this 
section. Receipt of emission allowances pursuant to 
this section shall be contingent on approval of a State 
climate adaptation plan meeting the requirements of 
such guidelines. 
(2) REQUIREMENTS.—Regulations promulgated 
under this subsection shall require, at minimum, 
that— 
(A) State climate adaptation plans assess 
and prioritize the State’s vulnerability to a 
broad range of impacts of climate change, based 
on the best available science; 
(B) State climate adaptation plans include 
an assessment of potential for carbon reduction 
through changes to land management policies 
(including enhancement, or protection, of forest 
carbon sinks); 
(C) State climate adaptation plans identify 
and prioritize specific cost-effective projects, pro-
grams, and measures to build resilience to pre-
dicted impacts of climate change; 
(D) State climate adaptation plans ensure 
that the State fully considers and undertakes, to 
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the maximum extent practicable, initiatives 
that— 
(i) protect or enhance natural eco-
system 
functions, 
including 
protection, 
maintenance, or restoration of natural in-
frastructure such as wetlands, reefs, and 
barrier islands to buffer communities from 
floodwaters or storms, watershed protection 
to maintain water quality and groundwater 
recharge, or floodplain restoration to im-
prove natural flood control capacity; or 
(ii) use non-structural approaches in-
cluding practices that utilize, enhance, or 
mimic the natural hydrologic cycle processes 
of infiltration, evapotranspiration, and 
reuse; 
(E) in order to be eligible to receive emis-
sion allowances under this section, a State shall 
submit a revised State climate adaptation plan 
for approval not less frequently than every 5 
years; and 
(F) State climate adaptation plans be con-
sistent with Federal conservation and environ-
mental laws and, to the maximum extent prac-
ticable, avoid environmental degradation. 
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(3) COORDINATION WITH PRIOR PLANNING EF-
FORTS.—In promulgating regulations under this sub-
section, the Administrator, or such other Federal 
agency head or heads as the President may designate, 
shall— 
(A) draw upon lessons learned and best 
practices from preexisting State climate adapta-
tion planning efforts; 
(B) seek to avoid duplication of such efforts; 
and 
(C) ensure that the plans developed under 
this section reflect and are fully consistent with 
State natural resources adaptation plans devel-
oped under section 479. 
(f) REPORTING.—Each State receiving emission allow-
ances under this section shall submit to the Administrator, 
or such other Federal agency head or heads as the President 
may designate, within 12 months after each receipt of such 
allowances and once every 2 years thereafter until the pro-
ceeds from the sale of emission allowances received under 
this section are fully expended, a report that— 
(1) provides a full accounting for the State’s use 
of proceeds of sales of emission allowances distributed 
under this section, including a description of the 
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projects, programs, or measures funded through such 
proceeds; 
(2) includes a report prepared by an inde-
pendent third party, in accordance with such regula-
tions as are promulgated by the Administrator or 
such other Federal agency head or heads as the Presi-
dent may designate, evaluating the performance of the 
projects, programs, or measures funded under this sec-
tion; and 
(3) identifies any use by the State of proceeds of 
sales of emission allowances distributed under this 
section for the reduction of flood and storm damage 
and the effects of climate change on water and flood 
protection infrastructure. 
(g) ENFORCEMENT.—If the Administrator, or such 
other Federal agency head or heads as the President may 
designate, determines that a State is not in compliance with 
this section, the Administrator may withhold a portion of 
the allowances, the value of which is equal to up to twice 
the value of the allowances that the State failed to use in 
accordance with the requirements of this section, that such 
State would otherwise be eligible to receive under this sec-
tion in 1 or more later years. Allowances withheld pursuant 
to this subsection shall be distributed among the remaining 
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States ratably in accordance with the formula in subsection 
(a). 
(h) SUPPLEMENT, NOT SUPPLANT.—It is the intent of 
the Congress that emission allowances distributed to carry 
out this subpart should be used to supplement, and not re-
place, existing sources of funding used to build resilience 
to the impacts of climate change identified in subsection 
(c). 
Subpart B—Public Health and Climate Change 
SEC. 461. SENSE OF CONGRESS ON PUBLIC HEALTH AND 
CLIMATE CHANGE. 
It is the sense of the Congress that the Federal Govern-
ment, in cooperation with international, State, tribal, and 
local governments, concerned public and private organiza-
tions, and citizens, should use all practicable means and 
measures— 
(1) to assist the efforts of public health and 
health care professionals, first responders, States, 
tribes, municipalities, and local communities to in-
corporate measures to prepare health systems to re-
spond to the impacts of climate change; 
(2) to ensure— 
(A) that the Nation’s health professionals 
have sufficient information to prepare for and 
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respond to the adverse health impacts of climate 
change; 
(B) the utility and value of scientific re-
search in advancing understanding of— 
(i) the health impacts of climate 
change; and 
(ii) strategies to prepare for and re-
spond to the health impacts of climate 
change; 
(C) the identification of communities vul-
nerable to the health effects of climate change 
and the development of strategic response plans 
to be carried out by health professionals for those 
communities; 
(D) the improvement of health status and 
health equity through efforts to prepare for and 
respond to climate change; and 
(E) the inclusion of health policy in the de-
velopment of climate change responses; 
(3) to encourage further research, interdiscipli-
nary partnership, and collaboration among stake-
holders in order to— 
(A) understand and monitor the health im-
pacts of climate change; and 
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(B) improve public health knowledge and 
response strategies to climate change; 
(4) to enhance preparedness activities, and pub-
lic health infrastructure, relating to climate change 
and health; 
(5) to encourage each and every American to 
learn about the impacts of climate change on health; 
and 
(6) to assist the efforts of developing nations to 
incorporate measures to prepare health systems to re-
spond to the impacts of climate change. 
SEC. 462. RELATIONSHIP TO OTHER LAWS. 
Nothing in this subpart in any manner limits the au-
thority provided to or responsibility conferred on any Fed-
eral department or agency by any provision of any law (in-
cluding regulations) or authorizes any violation of any pro-
vision of any law (including regulations), including any 
health, energy, environmental, transportation, or any other 
law or regulation. 
SEC. 463. NATIONAL STRATEGIC ACTION PLAN. 
(a) REQUIREMENT.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services, within 2 years after the date of the 
enactment of this Act, on the basis of the best avail-
able science, and in consultation pursuant to para-
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1012 
graph (2), shall publish a strategic action plan to as-
sist health professionals in preparing for and re-
sponding to the impacts of climate change on public 
health in the United States and other nations, par-
ticularly developing nations. 
(2) CONSULTATION.—In developing or making 
any revision to the national strategic action plan, the 
Secretary shall— 
(A) consult with the Director of the Centers 
for Disease Control and Prevention, the Admin-
istrator of the Environmental Protection Agency, 
the Director of the National Institutes of Health, 
the Secretary of Energy, other appropriate Fed-
eral agencies, Indian tribes, State and local gov-
ernments, public health organizations, scientists, 
and other interested stakeholders; and 
(B) provide opportunity for public input. 
(b) CONTENTS.— 
(1) IN GENERAL.—The Secretary, acting through 
the Director of the Centers for Disease Control and 
Prevention and other appropriate Federal agencies, 
shall assist health professionals in preparing for and 
responding effectively and efficiently to the health ef-
fects of climate change through measures including— 
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(A) developing, improving, integrating, and 
maintaining domestic and international disease 
surveillance systems and monitoring capacity to 
respond to health-related effects of climate 
change, including on topics addressing— 
(i) water, food, and vector borne infec-
tious diseases and climate change; 
(ii) pulmonary effects, including re-
sponses to aeroallergens; 
(iii) cardiovascular effects, including 
impacts of temperature extremes; 
(iv) air pollution health effects, includ-
ing heightened sensitivity to air pollution; 
(v) hazardous algal blooms; 
(vi) mental and behavioral health im-
pacts of climate change; 
(vii) the health of refugees, displaced 
persons, and vulnerable communities; 
(viii) the implications for communities 
vulnerable to health effects of climate 
change, as well as strategies for responding 
to climate change within these communities; 
and 
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(ix) local and community-based health 
interventions for climate-related health im-
pacts; 
(B) creating tools for predicting and moni-
toring the public health effects of climate change 
on the international, national, regional, State, 
and local levels, and providing technical support 
to assist in their implementation; 
(C) developing public health communica-
tions strategies and interventions for extreme 
weather events and disaster response situations; 
(D) identifying and prioritizing commu-
nities and populations vulnerable to the health 
effects of climate change, and determining ac-
tions and communication strategies that should 
be taken to inform and protect these communities 
and populations from the health effects of climate 
change; 
(E) developing health communication, pub-
lic education, and outreach programs aimed at 
public health and health care professionals, as 
well as the general public, to promote prepared-
ness and response strategies relating to climate 
change and public health, including the identi-
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fication of greenhouse gas reduction behaviors 
that are health-promoting; and 
(F) developing academic and regional cen-
ters of excellence devoted to— 
(i) researching relationships between 
climate change and health; 
(ii) expanding and training the public 
health workforce to strengthen the capacity 
of such workforce to respond to and prepare 
for the health effects of climate change; 
(iii) creating and supporting academic 
fellowships focusing on the health effects of 
climate change; and 
(iv) training senior health ministry of-
ficials from developing nations to strengthen 
the capacity of such nations to— 
(I) prepare for and respond to the 
health effects of climate change; and 
(II) build an international net-
work of public health professionals 
with the necessary climate change 
knowledge base; 
(G) using techniques, including health im-
pact assessments, to assess various climate 
change public health preparedness and response 
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1016 
strategies on international, national, State, re-
gional, tribal, and local levels, and make rec-
ommendations as to those strategies that best 
protect the public health; 
(H)(i) assisting in the development, imple-
mentation, and support of State, regional, tribal, 
and local preparedness, communication, and re-
sponse plans (including with respect to the 
health departments of such entities) to anticipate 
and reduce the health threats of climate change; 
and 
(ii) pursuing collaborative efforts to develop, 
integrate, and implement such plans; 
(I) creating a program to advance research 
as it relates to the effects of climate change on 
public health across Federal agencies, including 
research to— 
(i) identify and assess climate change 
health effects preparedness and response 
strategies; 
(ii) prioritize critical public health in-
frastructure projects related to potential cli-
mate change impacts that affect public 
health; and 
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(iii) coordinate preparedness for cli-
mate change health impacts, including the 
development of modeling and forecasting 
tools; 
(J) providing technical assistance for the 
development, implementation, and support of 
preparedness and response plans to anticipate 
and reduce the health threats of climate change 
in developing nations; and 
(K) carrying out other activities determined 
appropriate by the Secretary to plan for and re-
spond to the impacts of climate change on public 
health. 
(c) REVISION.—The Secretary shall revise the national 
strategic action plan not later than July 1, 2014, and every 
4 years thereafter, to reflect new information collected pur-
suant to implementation of the national strategic action 
plan and otherwise, including information on— 
(1) the status of critical environmental health 
parameters and related human health impacts; 
(2) the impacts of climate change on public 
health; and 
(3) advances in the development of strategies for 
preparing for and responding to the impacts of cli-
mate change on public health. 
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1018 
(d) IMPLEMENTATION.— 
(1) IMPLEMENTATION THROUGH HHS.—The Sec-
retary shall exercise the Secretary’s authority under 
this subpart and other provisions of Federal law to 
achieve the goals and measures of the national stra-
tegic action plan. 
(2) OTHER PUBLIC HEALTH PROGRAMS AND INI-
TIATIVES.—The Secretary and Federal officials of 
other relevant Federal agencies shall administer pub-
lic health programs and initiatives authorized by pro-
visions of law other than this subpart, subject to the 
requirements of such statutes, in a manner designed 
to achieve the goals of the national strategic action 
plan. 
(3) CDC.—In furtherance of the national stra-
tegic action plan, the Secretary, acting through the 
Director of the Centers for Disease Control and Pre-
vention and the head of any other appropriate Fed-
eral agency, shall— 
(A) conduct scientific research to assist 
health professionals in preparing for and re-
sponding to the impacts of climate change on 
public health; and 
(B) provide funding for— 
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1019 
(i) research on the health effects of cli-
mate change; and 
(ii) preparedness planning on the 
international, national, State, regional, and 
local levels to respond to or reduce the bur-
den of health effects of climate change; and 
(C) carry out other activities determined 
appropriate by the Director or the head of such 
agency to prepare for and respond to the impacts 
of climate change on public health. 
SEC. 464. ADVISORY BOARD. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
permanent science advisory board comprised of not less 
than 10 and not more than 20 members. 
(b) APPOINTMENT OF MEMBERS.—The Secretary shall 
appoint the members of the science advisory board from 
among individuals— 
(1) who have expertise in public health and 
human services, climate change, and other relevant 
disciplines; and 
(2) at least 1⁄2 of whom are recommended by the 
President of the National Academy of Sciences. 
(c) FUNCTIONS.—The science advisory board shall— 
(1) provide scientific and technical advice and 
recommendations to the Secretary on the domestic 
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and international impacts of climate change on pub-
lic health, populations and regions particularly vul-
nerable to the effects of climate change, and strategies 
and mechanisms to prepare for and respond to the 
impacts of climate change on public health; and 
(2) advise the Secretary regarding the best 
science available for purposes of issuing the national 
strategic action plan. 
SEC. 465. REPORTS. 
(a) NEEDS ASSESSMENT.— 
(1) IN GENERAL.—The Secretary shall seek to 
enter into, by not later than 6 months after the date 
of the enactment of this Act, an agreement with the 
National Research Council and the Institute of Medi-
cine to complete a report that— 
(A) assesses the needs for health profes-
sionals to prepare for and respond to climate 
change impacts on public health; and 
(B) recommends programs to meet those 
needs. 
(2) SUBMISSION.—The agreement under para-
graph (1) shall require the completed report to be sub-
mitted to the Congress and the Secretary and made 
publicly available not later than 1 year after the date 
of the agreement. 
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1021 
(b) CLIMATE CHANGE HEALTH PROTECTION AND PRO-
MOTION REPORTS.— 
(1) IN GENERAL.—The Secretary, in consultation 
with the advisory board established under section 464, 
shall ensure the issuance of reports to aid health pro-
fessionals in preparing for and responding to the ad-
verse health effects of climate change that— 
(A) review scientific developments on health 
impacts of climate change; and 
(B) recommend changes to the national 
strategic action plan. 
(2) SUBMISSION.—The Secretary shall submit 
the reports required by paragraph (1) to the Congress 
and make such reports publicly available not later 
than July 1, 2013, and every 4 years thereafter. 
SEC. 466. DEFINITIONS. 
In this subpart: 
(1) HEALTH
IMPACT
ASSESSMENT.—The term 
‘‘health impact assessment’’ means a combination of 
procedures, methods, and tools by which a policy, pro-
gram, or project may be judged as to its potential ef-
fects on the health of a population, and the distribu-
tion of those effects within the population. 
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(2) NATIONAL
STRATEGIC
ACTION
PLAN.—The 
term ‘‘national strategic action plan’’ means the plan 
issued and revised under section 463. 
(3) SECRETARY.—Unless otherwise specified, the 
term ‘‘Secretary’’ means the Secretary of Health and 
Human Services. 
SEC. 467. CLIMATE CHANGE HEALTH PROTECTION AND 
PROMOTION FUND. 
(a) ESTABLISHMENT OF FUND.—There is hereby estab-
lished in the Treasury a separate account that shall be 
known as the Climate Change Health Protection and Pro-
motion Fund. 
(b) AVAILABILITY OF AMOUNTS.—All amounts depos-
ited into the Climate Change Health Protection and Pro-
motion Fund shall be available to the Secretary to carry 
out this subpart subject to further appropriation. 
(c) DISTRIBUTION OF FUNDS BY HHS.—In carrying 
out this subpart, the Secretary may make funds deposited 
in the Climate Change Health Protection and Promotion 
Fund available to— 
(1) other departments, agencies, and offices of the 
Federal Government; 
(2) foreign, State, tribal, and local governments; 
and 
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(3) such other entities as the Secretary deter-
mines appropriate. 
(d) SUPPLEMENT, NOT REPLACE.—It is the intent of 
Congress that funds made available to carry out this sub-
part should be used to supplement, and not replace, existing 
sources of funding for public health. 
Subpart C—Natural Resource Adaptation 
SEC. 471. PURPOSES. 
The purposes of this subpart are to— 
(1) establish an integrated Federal program to 
protect, restore, and conserve the Nation’s natural re-
sources in response to the threats of climate change 
and ocean acidification; and 
(2) provide financial support and incentives for 
programs, strategies, and activities that protect, re-
store, and conserve the Nation’s natural resources in 
response to the threats of climate change and ocean 
acidification. 
SEC. 472. NATURAL RESOURCES CLIMATE CHANGE ADAPTA-
TION POLICY. 
It is the policy of the Federal Government, in coopera-
tion with State and local governments, Indian tribes, and 
other interested stakeholders to use all practicable means 
and measures to protect, restore, and conserve natural re-
sources to enable them to become more resilient, adapt to, 
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and withstand the impacts of climate change and ocean 
acidification. 
SEC. 473. DEFINITIONS. 
In this subpart: 
(1) COASTAL STATE.—The term ‘‘coastal State’’ 
has the meaning given the term in section 304 of the 
Coastal Zone Management Act of 1972 (16 U.S.C. 
1453). 
(2) CORRIDORS.—The term ‘‘corridors’’ means 
areas that provide connectivity, over different time 
scales (including seasonal or longer), of habitat or po-
tential habitat and that facilitate the ability of terres-
trial, marine, estuarine, and freshwater fish, wildlife, 
or plants to move within a landscape as needed for 
migration, gene flow, or dispersal, or in response to 
the impacts of climate change and ocean acidification 
or other impacts. 
(3) ECOLOGICAL
PROCESSES.—The term ‘‘eco-
logical processes’’ means biological, chemical, or phys-
ical interaction between the biotic and abiotic compo-
nents of an ecosystem and includes— 
(A) nutrient cycling; 
(B) pollination; 
(C) predator-prey relationships; 
(D) soil formation; 
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(E) gene flow; 
(F) disease epizootiology; 
(G) larval dispersal and settlement; 
(H) hydrological cycling; 
(I) decomposition; and 
(J) disturbance regimes such as fire and 
flooding. 
(4) HABITAT.—The term ‘‘habitat’’ means the 
physical, chemical, and biological properties that are 
used by fish, wildlife, or plants for growth, reproduc-
tion, survival, food, water, and cover, on a tract of 
land, in a body of water, or in an area or region. 
(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 
the meaning given the term in section 4 of the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 450b). 
(6) NATURAL RESOURCES.—The term ‘‘natural 
resources’’ means the terrestrial, freshwater, estuarine, 
and marine fish, wildlife, plants, land, water, habi-
tats, and ecosystems of the United States. 
(7) NATURAL
RESOURCES
ADAPTATION.—The 
term ‘‘natural resources adaptation’’ means the pro-
tection, restoration, and conservation of natural re-
sources to enable them to become more resilient, adapt 
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to, and withstand the impacts of climate change and 
ocean acidification. 
(8) RESILIENCE.—Each of the terms ‘‘resilience’’ 
and ‘‘resilient’’ means the ability to resist or recover 
from disturbance and preserve diversity, productivity, 
and sustainability. 
(9) STATE.—The term ‘‘State’’ means— 
(A) a State of the United States; 
(B) the District of Columbia; and 
(C) the Commonwealth of Puerto Rico, 
Guam, the United States Virgin Islands, the 
Northern 
Mariana 
Islands, 
and 
American 
Samoa. 
SEC. 474. COUNCIL ON ENVIRONMENTAL QUALITY. 
The Chair of the Council on Environmental Quality 
shall— 
(1) advise the President on implementation and 
development of— 
(A) a Natural Resources Climate Change 
Adaptation Strategy required under section 476; 
and 
(B) Federal natural resource agency adap-
tation plans required under section 478; 
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(2) serve as the Chair of the Natural Resources 
Climate Change Adaptation Panel established under 
section 475; and 
(3) coordinate Federal agency strategies, plans, 
programs, and activities related to protecting, restor-
ing, and maintaining natural resources to become 
more resilient, adapt to, and withstand the impacts 
of climate change and ocean acidification. 
SEC. 475. NATURAL RESOURCES CLIMATE CHANGE ADAPTA-
TION PANEL. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of the enactment of this subpart, the President shall 
establish a Natural Resources Climate Change Adaptation 
Panel, consisting of— 
(1) the head, or their designee, of each of— 
(A) the National Oceanic and Atmospheric 
Administration; 
(B) the Forest Service; 
(C) the National Park Service; 
(D) the United States Fish and Wildlife 
Service; 
(E) the Bureau of Land Management; 
(F) the United States Geological Survey; 
(G) the Bureau of Reclamation; 
(H) the Bureau of Indian Affairs; 
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(I) the Environmental Protection Agency; 
and 
(J) the Army Corps of Engineers; 
(2) the Chair of the Council on Environmental 
Quality; and 
(3) the heads of such other Federal agencies or 
departments with jurisdiction over natural resources 
of the United States, as determined by the President. 
(b) FUNCTIONS.—The Panel shall serve as a forum for 
interagency consultation on and the coordination of the de-
velopment and implementation of a national Natural Re-
sources Climate Change Adaptation Strategy required 
under section 476. 
(c) CHAIR.—The Chair of the Council on Environ-
mental Quality shall serve as the Chair of the Panel. 
SEC. 476. NATURAL RESOURCES CLIMATE CHANGE ADAPTA-
TION STRATEGY. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this subpart, the President, through 
the Natural Resources Climate Change Adaptation Panel 
established under section 475, shall develop a Natural Re-
sources Climate Change Adaptation Strategy to protect, re-
store, and conserve natural resources to enable them to be-
come more resilient, adapt to, and withstand the impacts 
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of climate change and ocean acidification and to identify 
opportunities to mitigate those impacts. 
(b) DEVELOPMENT AND REVISION.—In developing and 
revising the Strategy, the Panel shall— 
(1) base the strategy on the best available science; 
(2) develop the strategy in close cooperation with 
States and Indian tribes; 
(3) coordinate with other Federal agencies as ap-
propriate; 
(4) consult with local governments, conservation 
organizations, scientists, and other interested stake-
holders; 
(5) provide public notice and opportunity for 
comment; and 
(6) review and revise the Strategy every 5 years 
to incorporate new information regarding the impacts 
of climate change and ocean acidification on natural 
resources and advances in the development of strate-
gies for becoming more resilient and adapting to those 
impacts. 
(c) CONTENTS.—The National Resources Adaptation 
Strategy shall include— 
(1) an assessment of the vulnerability of natural 
resources to climate change and ocean acidification, 
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including the short-term, medium-term, long-term, cu-
mulative, and synergistic impacts; 
(2) a description of current research, observation, 
and monitoring activities at the Federal, State, trib-
al, and local level related to the impacts of climate 
change and ocean acidification on natural resources, 
as well as identification of research and data needs 
and priorities; 
(3) identification of natural resources that are 
likely to have the greatest need for protection, restora-
tion, and conservation because of the adverse effects of 
climate change and ocean acidification; 
(4) specific protocols for integrating climate 
change and ocean acidification adaptation strategies 
and activities into the conservation and management 
of natural resources by Federal departments and 
agencies to ensure consistency across agency jurisdic-
tions and resources; 
(5) specific actions that Federal departments 
and agencies shall take to protect, conserve, and re-
store natural resources to become more resilient, 
adapt to, and withstand the impacts of climate 
change and ocean acidification, including a timeline 
to implement those actions; 
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(6) specific mechanisms for ensuring commu-
nication and coordination among Federal depart-
ments and agencies, and between Federal departments 
and agencies and State natural resource agencies, 
United States territories, Indian tribes, private land-
owners, conservation organizations, and other nations 
that share jurisdiction over natural resources with the 
United States; 
(7) specific actions to develop and implement 
consistent natural resources inventory and moni-
toring protocols through interagency coordination and 
collaboration; and 
(8) a process for guiding the development of de-
tailed agency- and department-specific adaptation 
plans required under section 478 to address the im-
pacts of climate change and ocean acidification on the 
natural resources in the jurisdiction of each agency. 
(d) IMPLEMENTATION.—Consistent with its authorities 
under other laws and with Federal trust responsibilities 
with respect to Indian lands, each Federal department or 
agency with representation on the National Resources Cli-
mate Change Adaptation Panel shall consider the impacts 
of climate change and ocean acidification and integrate the 
elements of the strategy into agency plans, environmental 
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reviews, programs, and activities related to the conserva-
tion, restoration, and management of natural resources. 
SEC. 477. NATURAL RESOURCES ADAPTATION SCIENCE AND 
INFORMATION. 
(a) COORDINATION.—Not later than 90 days after the 
date of the enactment of this subpart, the Secretary of Com-
merce, acting through the Administrator of the National 
Oceanic and Atmospheric Administration, and the Sec-
retary of the Interior, acting through the Director of the 
United States Geological Survey, shall establish a coordi-
nated process for developing and providing science and in-
formation needed to assess and address the impacts of cli-
mate change and ocean acidification on natural resources. 
The process shall be led by the National Climate Change 
and Wildlife Science Center established within the United 
States Geological Survey under subsection (d) and the Na-
tional Climate Service of the National Oceanic and Atmos-
pheric Administration. 
(b) FUNCTIONS.—The Secretaries shall ensure that 
such process avoids duplication and that the National Oce-
anic and Atmospheric Administration and the United 
States Geological Survey shall— 
(1) provide technical assistance to Federal de-
partments and agencies, State and local governments, 
Indian tribes, and interested private landowners in 
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their efforts to assess and address the impacts of cli-
mate change and ocean acidification on natural re-
sources; 
(2) conduct and sponsor research and provide 
Federal departments and agencies, State and local 
governments, Indian tribes, and interested private 
landowners with research products, decision and mon-
itoring tools and information, to develop strategies for 
assisting natural resources to become more resilient, 
adapt to, and withstand the impacts of climate 
change and ocean acidification; and 
(3) assist Federal departments and agencies in 
the development of the adaptation plans required 
under section 478. 
(c) SURVEY.—Not later than one year after the date 
of enactment of this subpart and every 5 years thereafter, 
the Secretary of Commerce and the Secretary of the Interior 
shall undertake a climate change and ocean acidification 
impact survey that— 
(1) identifies natural resources considered likely 
to be adversely affected by climate change and ocean 
acidification; 
(2) includes baseline monitoring and ongoing 
trend analysis; 
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(3) uses a stakeholder process to identify and 
prioritize needed monitoring and research that is of 
greatest relevance to the ongoing needs of natural re-
source managers to address the impacts of climate 
change and ocean acidification; and 
(4) identifies decision tools necessary to develop 
strategies for assisting natural resources to become 
more resilient and adapt to and withstand the im-
pacts of climate change and ocean acidification. 
(d) NATIONAL
CLIMATE
CHANGE
AND
WILDLIFE 
SCIENCE CENTER.— 
(1) ESTABLISHMENT.—The Secretary of the Inte-
rior shall establish the National Climate Change and 
Wildlife Science Center within the United States Geo-
logical Survey. 
(2) FUNCTIONS.—The Center shall, in collabora-
tion with Federal and State natural resources agen-
cies and departments, Indian tribes, universities, and 
other partner organizations— 
(A) assess and synthesize current physical 
and biological knowledge and prioritize scientific 
gaps in such knowledge in order to forecast the 
ecological impacts of climate change on fish and 
wildlife at the ecosystem, habitat, community, 
population, and species levels; 
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(B) develop and improve tools to identify, 
evaluate, and, where appropriate, link scientific 
approaches and models for forecasting the im-
pacts of climate change and adaptation on fish, 
wildlife, plants, and their habitats, including 
monitoring, 
predictive 
models, 
vulnerability 
analyses, risk assessments, and decision support 
systems to help managers make informed deci-
sions; 
(C) develop and evaluate tools to adaptively 
manage and monitor the effects of climate change 
on fish and wildlife at national, regional, and 
local scales; and 
(D) develop capacities for sharing standard-
ized data and the synthesis of such data. 
(e) SCIENCE ADVISORY BOARD.— 
(1) ESTABLISHMENT.—Not later than 180 days 
after the date of enactment of this subpart, the Sec-
retary of Commerce and the Secretary of the Interior 
shall establish and appoint the members of a Science 
Advisory Board, to be comprised of not fewer than 10 
and not more than 20 members— 
(A) who have expertise in fish, wildlife, 
plant, aquatic, and coastal and marine biology, 
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ecology, climate change, ocean acidification, and 
other relevant scientific disciplines; 
(B) who represent a balanced membership 
among Federal, State, Indian tribes, and local 
representatives, universities, and conservation 
organizations; and 
(C) at least 1⁄2 of whom are recommended 
by the President of the National Academy of 
Sciences. 
(2) DUTIES.—The Science Advisory Board 
shall— 
(A) advise the Secretaries on the state-of- 
the-science regarding the impacts of climate 
change and ocean acidification on natural re-
sources and scientific strategies and mechanisms 
for protecting, restoring, and conserving natural 
resources to enable them to become more resilient, 
adapt to, and withstand the impacts of climate 
change and ocean acidification; and 
(B) identify and recommend priorities for 
ongoing research needs on such issues. 
(3) COLLABORATION.—The Science Advisory 
Board shall collaborate with other climate change and 
ecosystem research entities in other Federal agencies 
and departments. 
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(4) AVAILABILITY TO THE PUBLIC.—The advice 
and recommendations of the Science Advisory Board 
shall be made available to the public. 
SEC. 478. FEDERAL NATURAL RESOURCE AGENCY ADAPTA-
TION PLANS. 
(a) DEVELOPMENT.—Not later than 1 year after the 
date of the development of a Natural Resources Climate 
Change Adaptation Strategy under section 476, each de-
partment or agency that has a representative on the Nat-
ural Resources Climate Change Adaptation Panel estab-
lished under section 475 shall— 
(1) complete an adaptation plan for that depart-
ment or agency, respectively, implementing the Nat-
ural Resources Climate Change Adaptation Strategy 
under section 476 and consistent with the Natural 
Resources Climate Change Adaptation Policy under 
section 472, detailing the department’s or agency’s 
current and projected efforts to address the potential 
impacts of climate change and ocean acidification on 
natural resources within the department’s or agency’s 
jurisdiction and necessary additional actions, includ-
ing a timeline for implementation of those actions; 
(2) provide opportunities for review and com-
ment on that adaptation plan by the public, includ-
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1038 
ing in the case of a plan by the Bureau of Indian Af-
fairs, review by Indian tribes; and 
(3) submit such plan to the President for ap-
proval. 
(b) REVIEW BY PRESIDENT AND SUBMISSION TO CON-
GRESS.— 
(1) REVIEW
BY
PRESIDENT.—The President 
shall— 
(A) approve an adaptation plan submitted 
under subsection (a)(3) if the plan meets the re-
quirements of subsection (c) and is consistent 
with the strategy developed under section 476; 
(B) decide whether to approve the plan 
within 60 days after submission; and 
(C) if the President disapproves a plan, di-
rect the department or agency to submit a re-
vised plan to the President under subsection 
(a)(3) within 60 days after such disapproval. 
(2) SUBMISSION TO CONGRESS.—Not later than 
30 days after the date of approval of such adaptation 
plan by the President, the department or agency shall 
submit the approved plan to the Committee on Nat-
ural Resources of the House of Representatives, the 
Committee on Energy and Natural Resources of the 
Senate, and the committees of the House of Represent-
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atives and the Senate with principal jurisdiction over 
the department or agency. 
(c) REQUIREMENTS.—Each adaptation plan shall— 
(1) establish programs for assessing the current 
and future impacts of climate change and ocean 
acidification on natural resources within the depart-
ment’s or agency’s, respectively, jurisdiction, includ-
ing cumulative and synergistic effects, and for identi-
fying and monitoring those natural resources that are 
likely to be adversely affected and that have need for 
conservation; 
(2) identify and prioritize the department’s or 
agency’s strategies and specific conservation actions 
to address the current and future impacts of climate 
change and ocean acidification on natural resources 
within the scope of the department’s or agency’s juris-
diction and to develop and implement strategies to 
protect, restore, and conserve such resources to become 
more resilient, adapt to, and better withstand those 
impacts, including— 
(A) the protection, restoration, and con-
servation of terrestrial, marine, estuarine, and 
freshwater habitats and ecosystems; 
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(B) the establishment of terrestrial, marine, 
estuarine, and freshwater habitat linkages and 
corridors; 
(C) the restoration and conservation of eco-
logical processes; 
(D) the protection of a broad diversity of 
native species of fish, wildlife, and plant popu-
lations across their range; and 
(E) the protection of fish, wildlife, and 
plant health, recognizing that climate can alter 
the distribution and ecology of parasites, patho-
gens, and vectors; 
(3) describe how the department or agency will 
integrate such strategies and conservation activities 
into plans, programs, activities, and actions of the de-
partment or agency, related to the conservation and 
management of natural resources and establish new 
plans, programs, activities, and actions as necessary; 
(4) establish methods for assessing the effective-
ness of strategies and conservation actions taken to 
protect, restore, and conserve natural resources to en-
able them to become more resilient, adapt to, and 
withstand the impacts of climate change and ocean 
acidification, and for updating those strategies and 
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actions to respond to new information and changing 
conditions; 
(5) include a description of current and proposed 
mechanisms to enhance cooperation and coordination 
of natural resources adaptation efforts with other 
Federal agencies, State and local governments, Indian 
tribes, and nongovernmental stakeholders; 
(6) include specific written guidance to resource 
managers to— 
(A) explain how managers are expected to 
address the effects of climate change and ocean 
acidification; 
(B) identify how managers are to obtain 
any site-specific information that may be nec-
essary; and 
(C) reflect best practices shared among rel-
evant agencies, while also recognizing the unique 
missions, objectives, and responsibilities of each 
agency; and 
(7) identify and assess data and information 
gaps necessary to develop natural resources adapta-
tion plans and strategies. 
(d) IMPLEMENTATION.— 
(1) IN GENERAL.—Upon approval by the Presi-
dent, each department or agency that serves on the 
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Natural Resources Climate Change Adaptation Panel 
shall implement its adaptation plan through existing 
and new plans, policies, programs, activities, and ac-
tions to the extent not inconsistent with existing au-
thority. 
(2) CONSIDERATION OF IMPACTS.— 
(A) IN GENERAL.—To the maximum extent 
practicable and consistent with applicable law, 
every natural resource management decision 
made by the department or agency shall consider 
the impacts of climate change and ocean acidifi-
cation on those natural resources. 
(B) GUIDANCE.—The Council on Environ-
mental Quality shall issue guidance for Federal 
departments and agencies for considering those 
impacts. 
(e) REVISION AND REVIEW.—Not less than every 5 
years, each adaptation plan under this section shall be re-
viewed and revised to incorporate the best available science 
and other information regarding the impacts of climate 
change and ocean acidification on natural resources. 
SEC. 
479. 
STATE 
NATURAL 
RESOURCES 
ADAPTATION 
PLANS. 
(a) REQUIREMENT.—In order to be eligible for funds 
under section 480, not later than 1 year after the develop-
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