242 
trator to be eligible to receive emissions allowance 
allocations or the value of such allowances. 
‘‘(8) GREENHOUSE GAS AUTHORIZED ACCOUNT 
REPRESENTATIVE.—The term ‘greenhouse gas au-
thorized account representative’ means, for a covered 
entity, an individual who is authorized by the owner 
and operator of the covered entity to represent and 
legally bind the owner and operator in matters per-
taining to this title. 
‘‘(9) INDUSTRY SECTOR.—The term ‘industry 
sector’ means any sector of the economy of a coun-
try (including, where applicable, the forestry sector) 
that is responsible for significant quantities of 
greenhouse gas emissions. 
‘‘(10) INVASIVE SPECIES.—The term ‘invasive 
species’ means a species (including pathogens, seeds, 
spores, or any other biological material relating to a 
species) the introduction of which causes or is likely 
to cause economic or environmental harm or harm 
to human health. 
‘‘(11) 
INVENTORY.—The 
term 
‘Inventory’ 
means the Inventory of U.S. Greenhouse Gas Emis-
sions and Sinks, prepared in compliance with the 
United Nations Framework Convention on Climate 
Change Decision 3/CP.5. 
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‘‘(12) LAND-GRANT
COLLEGES
AND
UNIVER-
SITIES.—The term ‘land-grant colleges and univer-
sities’ has the meaning given the term in section 
1404 of the National Agricultural Research, Exten-
sion, and Teaching Policy Act of 1977 (7 U.S.C. 
3103). 
‘‘(13) LEAKAGE.—The term ‘leakage’ means an 
increase in greenhouse gas emissions or a decrease 
in sequestration of greenhouse gases that is— 
‘‘(A) outside the area of a project; and 
‘‘(B) attributable to the project. 
‘‘(14) NATIVE PLANT.—The term ‘native plant’ 
means an indigenous, terrestrial, or aquatic plant 
species that evolved naturally in an ecosystem. 
‘‘(15) NEW COVERED ENTITY.—The term ‘new 
covered entity’ means a covered entity that has oper-
ated for not more than 3 years. 
‘‘(16) OFFSET CREDIT.—The term ‘offset cred-
it’ means a credit issued for an offset project pursu-
ant to subtitle B certifying a reduction in the quan-
tity of emissions or an increase in sequestration 
equivalent to 1 metric ton of carbon dioxide. 
‘‘(17) OFFSET
PRACTICE.—The term ‘offset 
practice’ means a practice that— 
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‘‘(A) reduces greenhouse gas emissions or 
increases sequestration; and 
‘‘(B) may be eligible to create an offset 
credit under this title. 
‘‘(18) OFFSET
PROJECT.—The term ‘offset 
project’ means a project that reduces greenhouse gas 
emissions or increases sequestration of carbon diox-
ide or a carbon dioxide equivalent by a method other 
than reduction of greenhouse gas emissions at a cov-
ered entity. 
‘‘(19) PANEL.—The term ‘Panel’ means the 
Climate Science Advisory Panel established by this 
title. 
‘‘(20) PLANT MATERIAL.—The term ‘plant ma-
terial’ means— 
‘‘(A) a seed; 
‘‘(B) a part of a plant; or 
‘‘(C) a whole plant. 
‘‘(21) RENEWABLE ENERGY.—The term ‘renew-
able energy’ means electricity generated from— 
‘‘(A) wind; 
‘‘(B) organic waste (excluding incinerated 
municipal solid waste); 
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‘‘(C) biomass (including anaerobic diges-
tion from farm systems and landfill gas recov-
ery); or 
‘‘(D) a hydroelectric, geothermal, solar 
thermal, photovoltaic, tidal, wave, or other non-
fossil fuel, nonnuclear source. 
‘‘(22) 
RENEWABLE
ENERGY
ENTITY.—The 
term ‘renewable energy entity’ means an electric 
generating entity that exclusively uses renewable en-
ergy to generate electricity for sale. 
‘‘(23) RESTORATION.— 
‘‘(A) IN GENERAL.—The term ‘restoration’ 
means assisting the recovery of an ecosystem 
that has been degraded, damaged, or destroyed. 
‘‘(B) INCLUSION.—The term ‘restoration’ 
includes the reestablishment in an ecosystem of 
preexisting biotic integrity with respect to spe-
cies composition and community structure. 
‘‘(24) SEQUESTRATION.—The term ‘sequestra-
tion’ means the separation, isolation, or removal of 
greenhouse gases from the atmosphere. 
‘‘(25) SEQUESTRATION FLOW.—The term ‘se-
questration flow’ means the uptake of greenhouse 
gases each year from sequestration practices, as cal-
culated under section 832. 
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246 
‘‘(26) UNFCCC.—The term ‘UNFCCC’ means 
the United Nations Framework Convention on Cli-
mate Change, done at New York on May 9, 1992. 
‘‘Subtitle A—Stopping and Revers-
ing Greenhouse Gas Emissions 
‘‘SEC. 811. REGULATIONS; GREENHOUSE GAS EMISSIONS 
LIMITATIONS. 
‘‘(a) REGULATIONS.—Not later than 18 months after 
the date of enactment of this title, the Administrator shall 
promulgate regulations to establish an allowance trading 
program to address emissions of greenhouse gases from 
covered entities in the United States. 
‘‘(b) GREENHOUSE GAS EMISSIONS LIMITATIONS.— 
Not later than 2 years after the date of enactment of this 
section, the Administrator shall promulgate annual emis-
sion reduction targets for each calendar year beginning 
in 2010 and ending in 2050, as follows: 
‘‘(1) In 2010, the quantity of United States 
greenhouse gas emissions shall not exceed the quan-
tity of United States greenhouse gases projected to 
be emitted in 2009. 
‘‘(2) Beginning in 2011, the quantity of United 
States greenhouse gas emissions shall be reduced by 
approximately 2 percent each year, such that the 
quantity of such emissions in 2020 does not exceed 
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the quantity of United States greenhouse gases 
emitted in 1990. 
‘‘(3) Beginning in 2021, the quantity of United 
States greenhouse gas emissions shall be reduced by 
approximately 5 percent each year, such that the 
quantity of such emissions in 2050 does not exceed 
20 percent of the quantity of United States green-
house gases emitted in 1990. 
‘‘SEC. 812. SCIENTIFIC REVIEW OF THE SAFE CLIMATE 
LEVEL. 
‘‘(a) DEFINITION AND OBJECTIVE OF MAINTAINING 
THE SAFE CLIMATE LEVEL.— 
‘‘(1) FINDING.—Congress finds that ratification 
by the Senate in 1992 of the UNFCCC, commit-
ments which were affirmed by the President in 
2002, established for the United States an objective 
of stabilization of greenhouse gas concentrations in 
the atmosphere at a level that would prevent dan-
gerous anthropogenic interference with the climate 
system. 
‘‘(2) DEFINITION OF SAFE CLIMATE LEVEL.— 
In this section, the term ‘safe climate level’ means 
the climate level referred to in paragraph (1). 
‘‘(b) CLIMATE SCIENCE ADVISORY PANEL.— 
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‘‘(1) ESTABLISHMENT.—Not later than 270 
days after the date of enactment of this title, the 
Administrator shall establish an advisory panel, to 
be known as the ‘Climate Science Advisory Panel’ . 
‘‘(2) DUTIES.—The Panel shall— 
‘‘(A) inform Congress and the Adminis-
trator of the state of climate science; 
‘‘(B) not later than December 31, 2010, 
and not less frequently than every 4 years 
thereafter, issue a report that is endorsed by at 
least 7 members of the Panel that describes 
recommendations for the Administrator, based 
on the best available information in the fields of 
climate science, including reports from the 
Intergovernmental Panel on Climate Change, 
relating to— 
‘‘(i) the specific concentration, in 
parts per million, of all greenhouse gases 
in carbon dioxide equivalents at or below 
which constitutes the safe climate level; 
and 
‘‘(ii) the projected timeframe for 
achieving the safe climate level. 
‘‘(3) COMPOSITION.— 
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‘‘(A) IN
GENERAL.—The Panel shall be 
composed of 8 climate scientists and 3 former 
Federal officials, as described in subparagraphs 
(B) through (D). 
‘‘(B) CLIMATE
SCIENTISTS.—Not later 
than 270 days after the date of enactment of 
this title, the President of the National Acad-
emy of Sciences shall appoint to serve on the 
Panel 8 climate scientists from among individ-
uals who— 
‘‘(i) have earned doctorate degrees; 
‘‘(ii) have performed research in phys-
ical, biological, or social sciences, mathe-
matics, economics, or related fields, with a 
particular focus on or link to 1 or more as-
pects of climate science; 
‘‘(iii) have records of peer-reviewed 
publications that include— 
‘‘(I) publications in main-stream, 
high-quality scientific journals (such 
as journals associated with respected 
scientific societies or those with a high 
impact factor, as determined by the 
Institute for Scientific Information); 
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‘‘(II) recent publications relating 
to earth systems, and particularly re-
lating to the climate system; and 
‘‘(III) a high publication rate, 
typically at least 2 or 3 papers per 
year; and 
‘‘(iv) have participated in high-level 
committees, such as those formed by the 
National Academy of Sciences or by lead-
ing scientific societies. 
‘‘(C) RESTRICTION.—A majority of climate 
scientists appointed to the Panel under sub-
paragraph (B) shall be participating, as of the 
date of appointment to the Panel, in active re-
search in the physical or biological sciences, 
with a particular focus on or link to 1 or more 
aspects of climate science. 
‘‘(D) FEDERAL OFFICIALS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the Administrator shall appoint as 
members of the Panel, the longest-serving 
former Administrators of the Environ-
mental Protection Agency for each of the 
3 most recent former Presidents. 
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‘‘(ii) TIMING.—The 3 most recent 
former Presidents described in clause (i) 
shall be identified as of the deadline for 
appointments to the Panel under subpara-
graph (B) or (E)(ii), whichever is applica-
ble. 
‘‘(iii) SUBSTITUTES.—If a former Ad-
ministrator described in clause (i) declines 
appointment, or is unable to serve, as a 
member of the Panel, the Administrator 
shall appoint in place of the former Admin-
istrator— 
‘‘(I) the longest-serving former 
Administrator 
for 
the 
applicable 
President who agrees to serve; or 
‘‘(II) if no individual described in 
subclause (I) accepts appointment as 
a member of the Panel, the longest- 
serving Assistant Administrator for 
Air and Radiation for the applicable 
President who agrees to serve. 
‘‘(E) TERMS
OF
SERVICE
AND
VACAN-
CIES.— 
‘‘(i) TERMS.—The initial term of a 
member of the Panel shall be— 
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‘‘(I) to the maximum extent prac-
ticable, the period covered by, and ex-
tending through the date of issuance 
of, each report under paragraph 
(2)(B); but 
‘‘(II) not longer than 4 years. 
‘‘(ii) SUBSEQUENT PANELS AND RE-
PORTS.—On the issuance of each report 
under paragraph (2)(B)— 
‘‘(I) the Panel that submitted the 
report shall terminate; and 
‘‘(II)(aa) pursuant to subpara-
graphs (B) and (C), the President of 
the National Academy of Sciences 
shall appoint climate scientists (in-
cluding at least 3 climate scientists 
who served as members of the pre-
ceding Panel) to serve as members of 
a new Panel by not later than 15 
months after the deadline for issuance 
of the report under paragraph (2)(B); 
and 
‘‘(bb) pursuant to subparagraph 
(D), the Administrator shall appoint 3 
Federal officials as members of the 
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new Panel by the deadline described 
in item (aa). 
‘‘(iii) VACANCIES.—Vacancies in the 
membership of the Panel— 
‘‘(I) shall not affect the power of 
the remaining members to execute the 
functions of the Panel; and 
‘‘(II) shall be filled in the same 
manner in which the original appoint-
ment was made. 
‘‘(F) CHAIRPERSON
AND
VICE
CHAIR-
PERSON.—The Panel shall elect a Chairperson 
and Vice Chairperson as soon as practicable. 
‘‘(G) COMPENSATION
OF
MEMBERS.—A 
member of the Panel shall be compensated at a 
rate equal to the daily equivalent of the annual 
rate of basic pay prescribed for level IV of the 
Executive Schedule under section 5315 of title 
5, United States Code, for each day (including 
travel time) during which the member is en-
gaged in the performance of the duties of the 
Panel. 
‘‘(H) TRAVEL EXPENSES.—A member of 
the Panel shall be allowed travel expenses, in-
cluding per diem in lieu of subsistence, at rates 
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