1102 
(G) include responses to the comments re-
ceived during the public comment period. 
(4) CONTINUITY OF SERVICE.—During the de-
velopment of the implementation plan, the public 
comment period, and final plan, the National Oce-
anic and Atmospheric Administration shall continue 
to provide climate services to the user community. 
(5) CONSULTATION.—In developing the plan, 
the Under Secretary shall consult with user groups 
and stakeholders, State Climate Offices, Regional 
Climate Centers, other Federal agencies, the Climate 
Service Advisory Committee, and Congress. 
(6) COORDINATION WITH INTERAGENCY DEVEL-
OPMENT
OF
A
NATIONAL
CLIMATE
SERVICE.—In 
preparing the plan required under this subsection, 
the Under Secretary shall consult with the Director 
of the Office of Science and Technology Policy to en-
sure that the program developed by the Agency will 
serve the needs of a National Climate Service. 
(k) SUMMER INSTITUTES PROGRAM
AT
THE RE-
GIONAL CLIMATE CENTERS.— 
(1) DEFINITIONS.—In this subsection: 
(A) 
SUMMER
INSTITUTE.—The 
term 
‘‘summer institute’’ means an institute, oper-
ated during the summer, that— 
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(i) is hosted by a Regional Climate 
Center or an eligible partner; 
(ii) is operated for a period of not less 
than 2 weeks; and 
(iii) provides direct interaction of mid-
dle school and high school teacher and un-
dergraduate student participants with per-
sonnel of the Regional Climate Centers or 
eligible partners who have scientific exper-
tise in weather and climate. 
(B) ELIGIBLE PARTNER.—The term ‘‘eligi-
ble partner’’ means— 
(i) the science, engineering, or mathe-
matics department at an institution of 
higher education; or 
(ii) a nonprofit entity with expertise 
in providing educational enrichment experi-
ences for students. 
(2) SUMMER
INSTITUTES
PROGRAM
AUTHOR-
IZED.— 
(A) IN GENERAL.—The Under Secretary 
shall establish a summer institutes program, to 
be conducted in cooperation with the Regional 
Climate Centers, which may include an eligible 
partner. The purpose of the program is to pro-
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vide training and professional enrichment by 
providing opportunities for interaction between 
participants and climate scientists in a research 
and operational setting to— 
(i) enable middle school and high 
school teachers to integrate weather and 
climate sciences into their curricula: and 
(ii) encourage undergraduate students 
to pursue further study and careers in 
weather and climate sciences. 
(B) REQUIRED
ACTIVITIES.—Funds au-
thorized under this subsection shall be used 
for— 
(i) providing educational opportunities 
for middle school and high school teachers 
and undergraduate students not achievable 
inside the classroom; 
(ii) exposing such teachers and stu-
dents to researchers, scientists, or engi-
neers who can demonstrate their daily ac-
tivities to the teachers and students; 
(iii) exposing teachers and students to 
scientific methods in a research discovery 
setting; and 
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(iv) assisting teachers with curriculum 
development in the areas of weather and 
climate science. 
(3) PRIORITY.—The Under Secretary shall en-
sure that each summer institute program authorized 
under paragraph (2) includes students from groups 
underrepresented in the fields of science, technology, 
engineering, and mathematics teaching, including 
women and members of minority groups. 
(4) REPORT TO CONGRESS.—The Under Sec-
retary shall submit to Congress a biennial report on 
the activities conducted under this subsection, in-
cluding the number of participants and the new cur-
ricula developed in atmospheric and climate sciences. 
(l) CLEARINGHOUSE OF FEDERAL CLIMATE SERVICE 
PRODUCTS
AND LINKS
TO FEDERAL AGENCIES PRO-
VIDING CLIMATE SERVICES.— 
(1) IN GENERAL.—The Under Secretary shall 
establish and maintain a clearinghouse to inform 
State, local, and tribal governments and the public 
about the information and services available to— 
(A) assess the impacts of climate varia-
bility and change at different geographic scales; 
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(B) characterize and forecast climate vari-
ability and change for specific regions, re-
sources, and economic sectors; and 
(C) develop and implement adaptation 
strategies to reduce vulnerabilities to climate 
variability and change. 
(2) OTHER
RESOURCES.—The clearinghouse 
shall include hyperlinks to Internet sites that de-
scribe the activities, information, and resources of— 
(A) the Federal Government; 
(B) State and local governments; 
(C) the private sector; 
(D) nongovernmental and nonprofit enti-
ties and organizations; and 
(E) international organizations. 
(m) FINANCIAL BURDEN.—Nothing in this section 
shall be construed as authorizing the National Climate 
Service or the Climate Service Program at the National 
Oceanic and Atmospheric Administration to require State, 
tribal, or local governments to develop adaptation or re-
sponse plans or to take any other action in response to 
variations in climate that may result in an increased finan-
cial burden to such governments. 
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SEC. 453. STATE PROGRAMS TO BUILD RESILIENCE TO CLI-
MATE CHANGE IMPACTS. 
(a) DEFINITIONS.—For purposes of this section: 
(1) 
ALLOWANCE.—The 
term 
‘‘allowance’’ 
means an emission allowance established under sec-
tion 721 of the Clean Air Act (as added by section 
311 of this Act). 
(2) 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). 
(3) VINTAGE YEAR.—The term ‘‘vintage year’’ 
has the meaning given that term under section 700 
of the Clean Air Act (as added by section 312 of this 
Act). 
(b) REGULATIONS; COORDINATION.—Not later than 
2 years after the date of enactment of this Act, the Admin-
istrator, or such Federal agency head or heads as the 
President may designate, shall promulgate regulations to 
implement the requirements of this section. If the Presi-
dent designates more than 1 Federal agency to implement 
this section, the President shall require such agencies to 
establish a memorandum of understanding providing for 
coordination of rulemaking and other implementing activi-
ties, in accordance with the requirements of this section. 
(c) DISTRIBUTION OF ALLOWANCES.— 
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for such State shall be 1.2. If the allocation fac-
tor for a State as calculated under subpara-
graph (A) would be less than 0.8, then the allo-
cation 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 cap-
ita incomes for the most recent period of 
3 consecutive years for which satisfactory 
data are available from the Department of 
Commerce 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 adminis-
trators of the departments or agencies involved) 
determines that the income accrues to persons 
as the result of a Major Disaster (as declared 
by the President of the United States) and if 
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the Secretary finds that the inclusion of one or 
more of these income sources, in whole or in 
part, results in a transitory, rather than a sus-
tainable, increase in a State’s per capita income 
level relative to the national average: 
(i) Property and casualty insurance 
(including homeowners and renters insur-
ance). 
(ii) The National Flood Insurance 
Program of the Federal Emergency Man-
agement Agency. 
(iii) 
The 
Individual 
and 
Family 
Grants Program of the Federal Emergency 
Management Agency. 
(iv) The Disaster Housing Program of 
the 
Federal 
Emergency 
Management 
Agency. 
(v) 
The 
Community 
Development 
Block Grant Program of the Department 
of Housing 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. 
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1111 
(d) DISTRIBUTION TO INDIAN TRIBES.—The Admin-
istrator, or such Federal agency head or heads as the 
President may designate, shall promulgate regulations es-
tablishing a program to distribute allowances on a com-
petitive basis to Indian tribes, in accordance with the re-
quirements of this section. Such allowances shall be used 
exclusively in accordance with the requirements of sub-
section (e). Beginning with vintage year 2015, Indian 
tribes with a tribal adaptation plan approved pursuant to 
subsection (f) shall be given priority in selection of pro-
grams or projects for receipt of emission allowances under 
this subsection. 
(e) USE OF ALLOWANCES.— 
(1) IN
GENERAL.—States and Indian tribes 
shall use allowances distributed under this section 
exclusively for the implementation of projects, pro-
grams, or measures to build resilience to the impacts 
of climate change, including— 
(A) extreme weather events such as flood-
ing and tropical cyclones; 
(B) more frequent heavy precipitation 
events; 
(C) water scarcity and adverse impacts on 
water quality; 
(D) stronger and longer heat waves; 
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(E) more frequent and severe droughts; 
(F) rises in sea level; 
(G) ecosystem disruption; 
(H) increased air pollution; and 
(I) effects on public health. 
(2) PRIORITY IN PROJECTS TO REDUCE FLOOD 
EVENTS.—When implementing any project, program, 
or measure supported under this section and de-
signed to reduce flood events, a State or Indian tribe 
should consider prioritizing projects that seek to— 
(A) mitigate the destructive impacts of cli-
mate-related increases in the duration, fre-
quency, or magnitude of rainfall or runoff, in-
cluding snowmelt runoff, as well as hurricanes; 
(B) improve flood protection for densely 
populated urban areas; and 
(C) mitigate the destructive impact of 
ocean-related climate change effects, including 
effects on bays, estuaries, populated barrier is-
lands 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. 
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1113 
(3) STATE AND TRIBAL ADAPTATION PLANS.— 
Upon approval of a State or tribal climate adapta-
tion plan under subsection (f), allowances received 
by a State under this section shall be used in ac-
cordance with such plan. 
(4) SUPPLEMENT, NOT SUPPLANT.—It is the 
intent of the Congress that allowances distributed to 
carry out this section should be used to supplement, 
and not replace, existing sources of funding used to 
build resilience to the impacts of climate change 
identified in paragraph (1). 
(f) STATE
AND
TRIBAL
CLIMATE
ADAPTATION 
PLANS.— 
(1) IN GENERAL.—The regulations promulgated 
pursuant to subsection (b) shall include require-
ments for submission and approval of State or tribal 
climate adaptation plans under this section. Begin-
ning with vintage year 2015, distribution of allow-
ances to a State pursuant to this section shall be 
contingent on approval of a State climate adaptation 
plan for such State that meets the requirements of 
such regulations. Requirements for tribal climate ad-
aptation plans may vary from those of State adapta-
tion plans to the extent necessary to account for the 
special circumstances of Indian tribes. 
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(2) REQUIREMENTS.—Regulations promulgated 
under this section shall require, at minimum, that 
State and tribal climate adaptation plans— 
(A) assess and prioritize the State’s or In-
dian tribe’s vulnerability to a broad range of 
impacts of climate change, based on the best 
available science; 
(B) include an assessment of potential for 
carbon reduction through changes to land man-
agement policies (including enhancement or 
protection of forest carbon sinks); 
(C) identify and prioritize specific cost-ef-
fective projects, programs, and measures to 
build resilience to current and predicted im-
pacts of climate change; 
(D) ensure that the State or Indian tribe 
fully considers and undertakes, to 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 protec-
tion to maintain water quality and ground-
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water recharge, or floodplain restoration to 
improve natural flood control capacity; or 
(ii) use non-structural approaches in-
cluding practices that utilize, enhance, or 
mimic the natural hydrologic cycle proc-
esses of infiltration, evapotranspiration, 
and reuse; 
(E) be revised and resubmitted for ap-
proval not less frequently than every 5 years; 
and 
(F) be consistent with Federal conserva-
tion and environmental laws and, to the max-
imum extent practicable, avoid environmental 
degradation. 
(3) COORDINATION WITH PRIOR PLANNING EF-
FORTS.—In implementing this subsection, the Ad-
ministrator, or such Federal agency head or heads 
as the President may designate, shall— 
(A) draw upon lessons learned and best 
practices from preexisting State and tribal cli-
mate adaptation planning efforts; 
(B) seek to avoid duplication of such ef-
forts; and 
(C) ensure that the plans developed under 
this section reflect and are fully consistent with 
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State natural resources adaptation plans devel-
oped under section 479 of this Act. 
(g) REPORTING.—Each State or Indian tribe receiv-
ing allowances under this section shall submit to the Ad-
ministrator, or such Federal agency head or heads as the 
President may designate, within 12 months after each re-
ceipt of such allowances and once every 2 years thereafter 
until the value of any allowances received under this sec-
tion has been fully expended, a report that— 
(1) provides a full accounting for the State’s or 
Indian tribe’s use of allowances distributed under 
this section, including a description of the projects, 
programs, or measures supported using such allow-
ances; 
(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 
President may designate, evaluating the performance 
of the projects, programs, or measures supported 
under this section; and 
(3) identifies any use by the State or Indian 
tribe of allowances distributed under this section for 
the reduction of flood and storm damage and the ef-
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fects of climate change on water and flood protection 
infrastructure. 
(h) ENFORCEMENT.—If the Administrator, or such 
Federal agency head or heads as the President may des-
ignate, determines that a State or Indian tribe is not in 
compliance with this section, the Administrator or such 
other agency head may withhold a quantity of the allow-
ances equal to up to twice the quantity of allowances that 
the State or Indian tribe failed to use in accordance with 
the requirements of this section, that such State or Indian 
tribe would otherwise be eligible to receive under this sec-
tion in 1 or more later years. Allowances withheld pursu-
ant to this subsection shall be distributed among the re-
maining States or Indian tribes ratably in accordance with 
the formula in subsection (c) in the case of allowances 
withheld from a State, or in accordance with subsection 
(d) in the case of allowances withheld from an Indian 
tribe. 
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 Gov-
ernment, in cooperation with international, State, tribal, 
and local governments, concerned public and private orga-
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nizations, 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 
respond to the adverse health impacts of cli-
mate 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; 
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(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 
(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 
respond 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 
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(including regulations) or authorizes any violation of any 
provision 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-
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 Cen-
ters for Disease Control and Prevention, the 
Administrator of the Environmental Protection 
Agency, the Director of the National Institutes 
of Health, the Secretary of Energy, other ap-
propriate Federal agencies, Indian tribes, State 
and local governments, public health organiza-
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tions, scientists, and other interested stake-
holders; 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 Fed-
eral agencies, shall assist health professionals in pre-
paring for and responding effectively and efficiently 
to the health effects of climate change through 
measures including— 
(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; 
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(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 commu-
nities; and 
(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 commu-
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nities 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-
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 pre-
pare 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 strength-
en the capacity of such nations to— 
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(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 
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, trib-
al, and local preparedness, communication, and 
response plans (including with respect to the 
health departments of such entities) to antici-
pate and reduce the health threats of climate 
change; and 
(ii) pursuing collaborative efforts to de-
velop, integrate, and implement such plans; 
(I) creating a program to advance research 
as it relates to the effects of climate change on 
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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 
climate change impacts that affect public 
health; and 
(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 deter-
mined appropriate by the Secretary to plan for 
and respond to the impacts of climate change 
on public health. 
(c) REVISION.—The Secretary shall revise the na-
tional strategic action plan not later than July 1, 2014, 
and every 4 years thereafter, to reflect new information 
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collected pursuant to implementation of the national stra-
tegic 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 
climate change on public health. 
(d) IMPLEMENTATION.— 
(1) IMPLEMENTATION
THROUGH
HHS.—The 
Secretary shall exercise the Secretary’s authority 
under this subpart and other provisions of Federal 
law to achieve the goals and measures of the na-
tional strategic action plan. 
(2) OTHER
PUBLIC
HEALTH
PROGRAMS
AND 
INITIATIVES.—The Secretary and Federal officials of 
other relevant Federal agencies shall administer 
public health programs and initiatives authorized by 
provisions of law other than this subpart, subject to 
the requirements of such statutes, in a manner de-
signed to achieve the goals of the national strategic 
action plan. 
VerDate Nov 24 2008 
00:27 Jun 25, 2009
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