1023 
1860D–14 of this Act (42 U.S.C. 1395w– 
114); and 
‘‘(iii) in subsection (c)(1)(D) of this 
section, a single individual or married cou-
ple that receives benefits under the supple-
mental security income program under title 
XVI of this Act (42 U.S.C. 1381–1383f). 
‘‘(B) The Secretary 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 
together includes members not all of whom are 
described in a single clause of subparagraph 
(A), or includes additional members not de-
scribed in any such clause. 
‘‘(C) The Secretary shall establish rules re-
garding the eligibility and delivery of the energy 
refund to groups of individuals described in sec-
tion 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 
section. 
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‘‘(6) STATE.—The term ‘State’ means the 50 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, American Samoa, the United States 
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 ad-
ministration of the 1 or more federally aided public 
assistance 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 title shall have the same meaning applied in 
the Supplemental Nutrition Assistance Program au-
thorized by the Food and Nutrition Act of 2008 (7 
U.S.C. 2011 et seq.) unless the Secretary finds for 
good cause that application of a particular definition 
would be detrimental to the purposes of the Energy 
Refund Program.’’. 
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SEC. 432. MODIFICATION OF EARNED INCOME CREDIT 
AMOUNT FOR INDIVIDUALS WITH NO QUALI-
FYING CHILDREN. 
(a) INCREASE IN CREDIT PERCENTAGE AND PHASE-
OUT PERCENTAGE FOR INDIVIDUALS WITH NO CHIL-
DREN.—The table contained in subparagraph (A) of sec-
tion 32(b)(1) of the Internal Revenue Code of 1986 is 
amended by striking ‘‘7.65’’ each place it appears and in-
serting ‘‘15.3’’. 
(b) INCREASE IN BEGINNING PHASEOUT AMOUNT.— 
(1) IN GENERAL.—The table contained in sub-
paragraph (A) of section 32(b)(2) of such Code is 
amended by striking ‘‘$5,280’’ and inserting 
‘‘$13,590’’. 
(2) INFLATION ADJUSTMENT.— 
(A) IN GENERAL.—Subparagraph (B) of 
section 32(j)(1) of such Code is amended by 
striking ‘‘and’’ at the end of clause (i), by re-
designating clause (ii) as clause (iii), and by in-
serting after clause (i) the following new clause: 
‘‘(ii) in the case of the $13,590 
amount in subsection (b)(2)(A), by sub-
stituting ‘calendar year 2011’ for ‘calendar 
year 1992’ in subparagraph (B) thereof, 
and’’. 
(B) CONFORMING AMENDMENTS.— 
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(i) Clause (i) of section 32(j)(1)(B) of 
such Code is amended by inserting ‘‘except 
as provided in clause (ii),’’ before ‘‘in the 
case of’’. 
(ii) Paragraph (1) of section 32(j) of 
such Code is amended by inserting ‘‘(2012 
in the case of the $13,590 amount in sub-
section (b)(2)(A))’’ after ‘‘1996’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
December 31, 2011. 
SEC. 433. PROTECTION OF SOCIAL SECURITY AND MEDI-
CARE TRUST FUNDS. 
(a) OASDI TRUST FUNDS.—Section 201 of the So-
cial Security Act (42 U.S.C. 401) is amended by adding 
at the end the following new subsection: 
‘‘(o) The Secretary of the Treasury shall transfer 
from time to time to the Federal Old-Age and Survivors 
Insurance Trust Fund and the Federal Disability Insur-
ance Trust Fund, from amounts in the general fund of 
the Treasury that are not otherwise appropriated, such 
sums as the Chief Actuary of the Social Security Adminis-
tration calculates as necessary (and so certifies to such 
Secretary) for any fiscal year, on account of changes in 
benefit costs and changes in tax revenue attributable to 
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the provisions of the American Clean Energy and Security 
Act of 2009 and the amendments made thereby, in order 
to place each of such Trust Funds in the same position 
at the end of such fiscal year as the position in which such 
Trust Fund would have been if such changes had not oc-
curred.’’. 
(b) HI TRUST FUND.—Section 1817 of such Act (42 
U.S.C. 1395i) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(l) TRANSFERS
TO ACCOUNT
FOR CHANGES
IN 
BENEFIT COSTS AND CHANGES IN TAX REVENUE AT-
TRIBUTABLE TO THE AMERICAN CLEAN ENERGY AND SE-
CURITY ACT OF 2009.—The Secretary of the Treasury 
shall transfer from time to time to the Trust Fund, from 
amounts in the general fund of the Treasury that are not 
otherwise appropriated, such sums as the Chief Actuary 
of the Centers for Medicare & Medicaid Services calculates 
as necessary (and so certifies to such Secretary) for any 
fiscal year, on account of changes in benefit costs and 
changes in tax revenue attributable to the provisions of 
the American Clean Energy and Security Act of 2009 and 
the amendments made thereby, in order to place the Trust 
Fund in the same position at the end of such fiscal year 
as the position in which it would have been if such changes 
had not occurred.’’. 
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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. 
(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. 
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(8) Intellectual property rights are a key driver 
of investment and research and development in, and 
the global deployment of, clean technologies. 
(9) Innovative clean technologies, including 
U.S. and multilateral financing mechanisms for their 
deployment, are critical to mitigating global warming 
pollution, preventing catastrophic changes to the cli-
mate, and developing robust economies around the 
world. 
(10) Any weakening of intellectual property 
rights protection poses a substantial competitive risk 
to U.S. companies and the creation of high-quality 
U.S. jobs, inhibiting the creation of new ‘‘green’’ 
employment and the transformational shift to the 
‘‘Green Economy’’ of the 21st Century. 
(11) Any U.S. funding directed toward assist-
ing developing countries with regard to exporting 
clean technology should promote the robust compli-
ance with and enforcement of existing international 
legal requirements for the protection of intellectual 
property rights as formulated in the Agreement on 
Trade-Related Aspects of Intellectual Property 
Rights, referred to in section 101(d)(15) of the Uru-
guay Round Agreements Act (19 U.S.C.3511(d)(15) 
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and in applicable intellectual property provisions of 
bilateral trade agreements. 
(b) PURPOSES.—The purposes of this subtitle are— 
(1) to provide United States assistance and le-
verage private resources to encourage widespread 
implementation, in developing countries, of activities 
that reduce, sequester, or avoid greenhouse gas 
emissions; and 
(2) to provide such assistance in a manner 
that— 
(A) encourages such countries to adopt 
policies and measures, including sector-based 
and cross-sector policies and measures, that 
substantially reduce, sequester, or avoid green-
house gas emissions; 
(B) promotes the successful negotiation of 
a global agreement to reduce greenhouse gas 
emissions under the United Nations Framework 
Convention on Climate Change; and 
(C) promotes robust compliance with and 
enforcement of existing international legal re-
quirements for the protection of intellectual 
property rights, as formulated in the Agreement 
on Trade-Related Aspects of Intellectual Prop-
erty Rights referred to in section 101(d)(15) of 
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the Uruguay Round Agreements Act (19 U.S.C. 
3511(d)(15)) and in applicable intellectual 
property provisions of bilateral trade agree-
ments. 
SEC. 442. DEFINITIONS. 
In this subtitle: 
(1) 
ALLOWANCE.—The 
term 
‘‘allowance’’ 
means an emission allowance established under sec-
tion 721 of the Clean Air Act. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ 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 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 
official development assistance according to the in-
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come guidelines of the Development Assistance Com-
mittee of the Organization for Economic Coopera-
tion 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 Inter-
national 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 United Nations has identified as among the least 
developed of developing countries. 
(9) QUALIFYING ACTIVITY.—The term ‘‘quali-
fying activity’’ means an activity that meets the cri-
teria in section 445. 
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(10) QUALIFYING ENTITY.—The term ‘‘quali-
fying entity’’ means a national, regional, or local 
government in, or a nongovernmental organization 
or private entity located or operating in, an eligible 
country. 
SEC. 443. GOVERNANCE. 
(a) OVERSIGHT.—The Secretary of State, or such 
other Federal agency head as the President may des-
ignate, in consultation with the interagency group estab-
lished under subsection (b), shall oversee distributions of 
allowances from the International Clean Technology Ac-
count. 
(b) INTERAGENCY GROUP.—The President shall es-
tablish an interagency group to administer the Inter-
national Clean Technology Account. The Members of the 
interagency group shall include— 
(1) the Secretary of State; 
(2) the Administrator of the Environmental 
Protection Agency; 
(3) the Secretary of Energy; 
(4) the Secretary of the Treasury; 
(5) the Secretary of Commerce; 
(6) the Administrator of the United States 
Agency for International Development; and 
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(7) any other head of a Federal agency or exec-
utive 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 activities that are qualifying activities under this sub-
title. 
SEC. 444. DETERMINATION OF ELIGIBLE COUNTRIES. 
(a) IN GENERAL.—The interagency group shall de-
termine a country to be an eligible country for the pur-
poses of this subtitle if a country meets the following cri-
teria: 
(1) The country is a developing country that— 
(A) has entered into an international 
agreement 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 
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that are capable of producing measurable, re-
portable, and verifiable greenhouse gas emis-
sions 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 including robust compliance with and en-
forcement of existing international legal require-
ments for the protection of intellectual property 
rights for clean technology, as formulated in the 
Agreement on Trade-Related Aspects of Intellectual 
Property Rights, referred to in section 101(d)(15) of 
the Uruguay Round Agreements Act (19 U.S.C. 
3511(d)(15)) and in applicable intellectual property 
provisions of bilateral trade agreements. 
(b) EXCEPTIONS.— 
(1) Subsection (a)(3) applies only to bilateral 
assistance under section 446(c)(4). 
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(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 (in-
cluding building relevant technical and institutional capac-
ity) that contribute to substantial, measurable, reportable, 
and verifiable reductions, sequestration, or avoidance of 
greenhouse gas emissions including— 
(1) deployment of technologies to capture and 
sequester carbon dioxide emissions from electric gen-
erating units or large industrial sources (except that 
assistance under this subtitle for such deployment 
shall be limited to the cost of retrofitting existing fa-
cilities with such technologies or the incremental 
cost of purchasing and installing such technologies 
at new facilities); 
(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 
electricity transmission, distribution, and consump-
tion; 
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(4) deployment of low- or zero emissions tech-
nologies that are facing financial or other barriers to 
their widespread deployment which could be ad-
dressed 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-
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 
quantifying greenhouse gas emissions and 
verifying emissions mitigation; 
(B) assessing, developing, and imple-
menting technology and policy options for 
greenhouse gas emissions mitigation and avoid-
ance of future emissions, including sector and 
cross-sector mitigation strategies; and 
(C) providing other forms of technical as-
sistance to facilitate the qualification for, and 
receipt of, assistance under this Act. 
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SEC. 446. ASSISTANCE. 
(a) IN GENERAL.—The Secretary of State, or such 
other Federal agency head as the President may des-
ignate, is authorized to provide assistance, through the 
distribution of allowances, from the International Clean 
Technology Account for qualifying activities that take 
place in eligible countries. 
(b) ANNUAL REPORTS.—Not later than March 1, 
2012, and annually thereafter, the President shall submit 
to the appropriate congressional committees a report on 
the assistance provided under this subtitle during the prior 
fiscal year. Such report shall include— 
(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 de-
scription 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 sup-
ported under this subtitle; 
(4) an assessment of the success of the assist-
ance provided under this subtitle to improving the 
technical and institutional capacity to implement 
substantial emissions reductions; 
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(5) an estimate of the greenhouse gas emissions 
reductions, sequestration, or avoidance achieved by 
assistance provided under this subtitle during the 
prior fiscal year; and 
(6) an assessment whether any funds expended 
for the benefit of any qualifying activity undermined 
the protection of intellectual property rights for 
clean technology, as formulated in the Agreement on 
Trade-Related Aspects of Intellectual Property 
Rights, referred to in section 101(d)(15) of the Uru-
guay 
Round 
Agreements 
Act 
(19 
U.S.C. 
3511(d)(15)) and applicable intellectual property 
provisions of bilateral trade agreements. 
(c) DISTRIBUTION OF ALLOWANCES.— 
(1) IN GENERAL.—The Secretary of State, or 
such other Federal agency head as the President 
may designate, after consultation with the inter-
agency group, shall distribute allowances from the 
International Clean Technology Account— 
(A) in the form of bilateral assistance in 
accordance with paragraph (4); 
(B) to multilateral funds or institutions 
pursuant to the Convention or an agreement 
negotiated under the Convention; or 
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(C) through some combination of the 
mechanisms identified in subparagraphs (A) 
and (B). 
(2) GLOBAL ENVIRONMENT FACILITY.—For any 
allowances provided to the Global Environment Fa-
cility pursuant to paragraph (1)(B), the President 
shall designate the Secretary of the Treasury to dis-
tribute those allowances to the Global Environment 
Facility. 
(3) DISTRIBUTION
THROUGH
INTERNATIONAL 
FUND OR INSTITUTION.—If allowances are distrib-
uted to a multilateral fund or institution, as author-
ized in paragraph (1), the Secretary of State, or 
such other Federal agency head as the President 
may designate, shall seek to ensure the establish-
ment and implementation of adequate mechanisms 
to— 
(A) apply and enforce the criteria for de-
termination of eligible countries and qualifying 
activities under sections 444 and 445, respec-
tively; 
(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, includ-
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ing the amount of obligations and expenditures 
for assistance; and 
(C) require that no funds be expended for 
the benefit of any qualifying activity where that 
activity or any activity relating to a qualifying 
activity under section 445 undermines the ro-
bust compliance with and enforcement of exist-
ing legal requirements for the protection of in-
tellectual property rights for clean technology, 
as formulated in the Agreement on Trade-Re-
lated Aspects of Intellectual Property Rights, 
referred to in section 101(d)(15) of the Uru-
guay Round Agreements Act (19 U.S.C. 
3511(d)(15)). 
(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. 
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(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 
consultation with the interagency group, shall 
develop 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 
emissions being implemented by the eligi-
ble country; 
(iii) the activity will not have adverse 
effects on human health, safety, or welfare, 
the environment, or natural resources; 
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(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; 
(vi) costs of the activity will be shared 
by the host country government, private 
sector parties, or a multinational develop-
ment bank, except that this clause does not 
apply to least developed countries; 
(vii) the activity would not undermine 
the protection of intellectual property 
rights for clean technology, as formulated 
in the Agreement on Trade-Related As-
pects of Intellectual Property Rights, re-
ferred to in section 101(d)(15) of the Uru-
guay Round Agreements Act (19 U.S.C. 
3511(d)(15)) and applicable intellectual 
property provisions of bilateral trade 
agreements; and 
(viii) the activity meets such other re-
quirements as the interagency group deter-
mines appropriate to further the purposes 
of this subtitle. 
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(E) CRITERIA
PREFERENCES.—The cri-
teria under subparagraph (C) shall give pref-
erence to activities that— 
(i) promise to achieve large-scale 
greenhouse 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 
funding; or 
(iv) maximize opportunities to lever-
age other sources of assistance and cata-
lyze private-sector investment. 
(d) MONITORING, EVALUATION, AND
ENFORCE-
MENT.—The Secretary of State, or such other Federal 
agency head as the President may designate, in consulta-
tion with the interagency group, shall establish and imple-
ment a system to monitor and evaluate the performance 
of activities receiving assistance under this subtitle. The 
Secretary of State, or such other Federal agency head as 
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the President may designate, shall have the authority to 
suspend or terminate assistance in whole or in part for 
an activity if it is determined that the activity is not oper-
ating in compliance with the approved proposal. 
(e) 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 develop-
ment, poverty alleviation, or natural resource management 
objectives and initiatives in the recipient country. 
(f) DEFINITION.—For the purposes of this section 
the term ‘‘clean technology’’ means any technology or 
service related to the qualifying activities identified in sec-
tion 445. 
Subtitle E—Adapting to Climate 
Change 
PART 1—DOMESTIC ADAPTATION 
Subpart A—National Climate Change Adaptation 
Program 
SEC. 451. GLOBAL CHANGE RESEARCH AND DATA MANAGE-
MENT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Global Change Research and Data Management Act of 
2009’’. 
(b) GLOBAL CHANGE RESEARCH.— 
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(1) PURPOSE.—The purpose of this subsection 
is to provide for the continuation and coordination 
of a comprehensive and integrated United States ob-
servation, research, and outreach program which will 
assist the Nation and the world to understand, as-
sess, predict, and respond to the effects of human- 
induced and natural processes of global change. 
(2) DEFINITIONS.—For purposes of this sub-
section— 
(A) the term ‘‘global change’’ means 
human-induced or natural changes in the global 
environment (including alterations in climate, 
land productivity, oceans or other water re-
sources, atmospheric chemistry, biodiversity, 
and ecological systems) that may alter the ca-
pacity of the Earth to sustain life; 
(B) the term ‘‘global change research’’ 
means study, monitoring, assessment, pre-
diction, and information management activities 
to describe and understand— 
(i) the interactive physical, chemical, 
and biological processes that regulate the 
total Earth system; 
(ii) the unique environment that the 
Earth provides for life; 
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(iii) changes that are occurring in the 
Earth system; and 
(iv) the manner in which such system, 
environment, and changes are influenced 
by human actions; 
(C) the term ‘‘interagency committee’’ 
means the interagency committee established 
under paragraph (3); 
(D) the term ‘‘Plan’’ means the National 
Global Change Research and Assessment Plan 
developed under paragraph (5); 
(E) the term ‘‘Program’’ means the United 
States Global Change Research Program estab-
lished under paragraph (4); and 
(F) the term ‘‘regional climate change’’ 
means the natural or human-induced changes 
manifested in the local or regional environment 
(including alterations in weather patterns, land 
productivity, water resources, sea level rise, at-
mospheric chemistry, biodiversity, and ecologi-
cal systems) that may alter the capacity of a 
specific region to support current or future so-
cial and economic activity or natural eco-
systems. 
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(3) INTERAGENCY COOPERATION AND COORDI-
NATION.— 
(A) 
ESTABLISHMENT.—The 
President 
shall establish or designate an interagency com-
mittee to ensure cooperation and coordination 
of all Federal research activities pertaining to 
processes of global change for the purpose of 
increasing the overall effectiveness and produc-
tivity of Federal global change research efforts. 
The interagency committee shall include re-
search and program representatives of agencies 
conducting global change research, agencies 
with authority over resources likely to be af-
fected by global change, and agencies with au-
thority 
to 
mitigate 
human-induced 
global 
change. 
(B) FUNCTIONS
OF
THE
INTERAGENCY 
COMMITTEE.—The 
interagency 
committee 
shall— 
(i) serve as the forum for developing 
the Plan and for overseeing its implemen-
tation; 
(ii) serve as the forum for developing 
the vulnerability assessment under para-
graph (7); 
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(iii) ensure cooperation among Fed-
eral agencies with respect to global change 
research activities; 
(iv) work with academic, State, indus-
try, and other groups conducting global 
change research, to provide for periodic 
public and peer review of the Program; 
(v) cooperate with the Secretary of 
State in— 
(I) providing representation at 
international 
meetings 
and 
con-
ferences on global change research in 
which the United States participates; 
and 
(II) coordinating the Federal ac-
tivities of the United States with pro-
grams of other nations and with inter-
national global change research activi-
ties; 
(vi) work with appropriate Federal, 
State, regional, and local authorities to en-
sure that the Program is designed to 
produce information needed to develop 
policies to mitigate human-induced global 
change and to reduce the vulnerability of 
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the United States and other regions to 
global change; 
(vii) facilitate ongoing dialog and in-
formation exchange with regional, State, 
and local governments and other user com-
munities; and 
(viii) 
identify 
additional 
decision-
making groups that may use information 
generated through the Program. 
(4) UNITED
STATES
GLOBAL
CHANGE
RE-
SEARCH PROGRAM.— 
(A) 
ESTABLISHMENT.—The 
President 
shall establish an interagency United States 
Global Change Research Program to improve 
understanding of global change, to respond to 
the information needs of communities and deci-
sionmakers, and to provide periodic assessments 
of the vulnerability of the United States and 
other regions to global and regional climate 
change. The Program shall be implemented in 
accordance with the Plan. 
(B) LEAD AGENCY.—The lead agency for 
the United States Global Change Research Pro-
gram shall be the Office of Science and Tech-
nology Policy. 
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(C) INTERAGENCY PROGRAM ACTIVITIES.— 
The Director of the Office of Science and Tech-
nology Policy, in consultation with the inter-
agency committee, shall identify activities in-
cluded in the Plan that involve participation by 
2 or more agencies in the Program, and that do 
not fall within the current fiscal year budget al-
locations of those participating agencies, to ful-
fill the requirements of this section. The Direc-
tor of the Office of Science and Technology Pol-
icy shall allocate funds to the agencies to con-
duct the identified interagency activities. Such 
activities may include— 
(i) development of scenarios for cli-
mate, 
land-cover 
change, 
population 
growth, and socioeconomic development; 
(ii) calibration and testing of alter-
native regional and global climate models; 
(iii) identification of economic sectors 
and regional climatic zones; and 
(iv) convening regional workshops to 
facilitate information exchange and in-
volvement of regional, State, and local de-
cisionmakers, non-Federal experts, and 
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other stakeholder groups in the activities 
of the Program. 
(D) WORKSHOPS.—The Director shall en-
sure that at least one workshop is held per year 
in each region identified by the Plan under 
paragraph (5)(B)(xi) to facilitate information 
exchange and outreach to regional, State, and 
local stakeholders as required by this section. 
(E) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
priated to the Office of Science and Technology 
Policy 
for 
carrying 
out 
this 
paragraph 
$10,000,000 for each of the fiscal years 2009 
through 2014. 
(5) NATIONAL GLOBAL CHANGE RESEARCH AND 
ASSESSMENT PLAN.— 
(A) IN GENERAL.—The President shall de-
velop a National Global Change Research and 
Assessment Plan for implementation of the Pro-
gram. The Plan shall contain recommendations 
for global change research and assessment. The 
President shall submit an outline for the devel-
opment of the Plan to the Congress within 1 
year after the date of enactment of this Act, 
and shall submit a completed Plan to the Con-
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gress within 3 years after the date of enactment 
of this Act. Revised Plans shall be submitted to 
the Congress at least once every 5 years there-
after. In the development of each Plan, the 
President shall conduct a formal assessment 
process under this paragraph to determine the 
needs of appropriate Federal, State, regional, 
and local authorities and other interested par-
ties regarding the types of information needed 
by them in developing policies to mitigate 
human-induced global change and to reduce so-
ciety’s vulnerability to global change and shall 
utilize these assessments, including the reviews 
by the National Academy of Sciences and the 
National Governors Association under subpara-
graphs (E) and (F), in developing the Plan. 
(B) CONTENTS OF THE PLAN.—The Plan 
shall— 
(i) establish, for the 10-year period 
beginning in the year the Plan is sub-
mitted, the goals and priorities for Federal 
global change research which most effec-
tively advance scientific understanding of 
global change and provide information of 
use to Federal, State, regional, and local 
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authorities in the development of policies 
relating to global change; 
(ii) describe specific activities, includ-
ing efforts to determine user information 
needs, research activities, data collection, 
database development, and data analysis 
requirements, development of regional sce-
narios, assessment of model predictability, 
assessment of climate change impacts, par-
ticipation in international research efforts, 
and information management, required to 
achieve such goals and priorities; 
(iii) identify relevant programs and 
activities of the Federal agencies that con-
tribute to the Program directly and indi-
rectly; 
(iv) set forth the role of each Federal 
agency in implementing the Plan; 
(v) consider and utilize, as appro-
priate, reports and studies conducted by 
Federal agencies, the National Research 
Council, or other entities; 
(vi) make recommendations for the 
coordination of the global change research 
and assessment activities of the United 
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States with such activities of other nations 
and international organizations, includ-
ing— 
(I) a description of the extent 
and nature of international coopera-
tive activities; 
(II) bilateral and multilateral ef-
forts to provide worldwide access to 
scientific data and information; and 
(III) improving participation by 
developing nations in international 
global change research and environ-
mental data collection; 
(vii) detail budget requirements for 
Federal global change research and assess-
ment activities to be conducted under the 
Plan; 
(viii) catalog the type of information 
identified by appropriate Federal, State, 
regional, and local decisionmakers needed 
to develop policies to reduce society’s vul-
nerability to global change and indicate 
how the planned research will meet these 
decisionmakers’ information needs; 
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(ix) identify the observing systems 
currently employed in collecting data rel-
evant to global and regional climate change 
research and prioritize additional observa-
tion systems that may be needed to ensure 
adequate data collection and monitoring of 
global change; 
(x) describe specific activities designed 
to facilitate outreach and data and infor-
mation exchange with regional, State, and 
local governments and other user commu-
nities; and 
(xi) identify and describe regions of 
the United States that are likely to experi-
ence similar impacts of global change or 
are likely to share similar vulnerabilities to 
global change. 
(C) RESEARCH
ELEMENTS.—The Plan 
shall include at a minimum the following re-
search elements: 
(i) Global measurements, establishing 
worldwide to regional scale observations 
prioritized to understand global change 
and to meet the information needs of deci-
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sionmakers on all relevant spatial and time 
scales. 
(ii) Information on economic, demo-
graphic, and technological trends that con-
tribute to changes in the Earth system and 
that influence society’s vulnerability to 
global and regional climate change. 
(iii) Development of indicators and 
baseline databases to document global 
change, including changes in species dis-
tribution and behavior, extent of glacia-
tions, and changes in sea level. 
(iv) Studies of historical changes in 
the Earth system, using evidence from the 
geological and fossil record. 
(v) Assessments of predictability using 
quantitative models of the Earth system to 
simulate global and regional environmental 
processes and trends. 
(vi) Focused research initiatives to 
understand the nature of and interaction 
among physical, chemical, biological, land 
use, and social processes related to global 
and regional climate change. 
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(vii) Focused research initiatives to 
determine and then meet the information 
needs of appropriate Federal, State, and 
regional decisionmakers. 
(D) INFORMATION
MANAGEMENT.—The 
Plan shall incorporate, to the extent practicable, 
the recommendations relating to data acquisi-
tion, management, integration, and archiving 
made by the interagency climate and other 
global change data management working group 
established under subsection (c)(3). 
(E) NATIONAL
ACADEMY
OF
SCIENCES 
EVALUATION.—The President shall enter into 
an agreement with the National Academy of 
Sciences under which the Academy shall— 
(i) evaluate the scientific content of 
the Plan; and 
(ii) recommend priorities for future 
global and regional climate change re-
search and assessment. 
(F) NATIONAL
GOVERNORS
ASSOCIATION 
EVALUATION.—The President shall enter into 
an agreement with the National Governors As-
sociation Center for Best Practices under which 
that Center shall— 
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(i) evaluate the utility to State, local, 
and regional decisionmakers of each Plan 
and of the anticipated and actual informa-
tion outputs of the Program for develop-
ment of State, local, and regional policies 
to reduce vulnerability to global change; 
and 
(ii) recommend priorities for future 
global and regional climate change re-
search and assessment. 
(G) PUBLIC
PARTICIPATION.—In devel-
oping the Plan, the President shall consult with 
representatives of academic, State, industry, 
and environmental groups. Not later than 90 
days before the President submits the Plan, or 
any revision thereof, to the Congress, a sum-
mary of the proposed Plan shall be published in 
the Federal Register for a public comment pe-
riod of not less than 60 days. 
(6) BUDGET COORDINATION.— 
(A) IN
GENERAL.—The President shall 
provide general guidance to each Federal agen-
cy participating in the Program with respect to 
the preparation of requests for appropriations 
for activities related to the Program. 
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(B) 
CONSIDERATION
IN
PRESIDENT’S 
BUDGET.—The President shall submit, at the 
time of his annual budget request to Congress, 
a description of those items in each agency’s 
annual budget which are elements of the Pro-
gram. 
(7) VULNERABILITY ASSESSMENT.— 
(A) REQUIREMENT.—Within 1 year after 
the date of enactment of this Act, and at least 
once every 5 years thereafter, the President 
shall submit to the Congress an assessment 
which— 
(i) integrates, evaluates, and inter-
prets the findings of the Program and dis-
cusses the scientific uncertainties associ-
ated with such findings; 
(ii) analyzes current trends in global 
change, both human-induced and natural, 
and projects major trends for the subse-
quent 25 to 100 years; 
(iii) based on indicators and baselines 
developed under paragraph (5)(C)(iii), as 
well as other measurements, analyzes 
changes to the natural environment, land 
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and water resources, and biological diver-
sity in— 
(I) major geographic regions of 
the United States; and 
(II) other continents; 
(iv) analyzes the effects of global 
change, including the changes described in 
clause (iii), on food and fiber production, 
energy production and use, transportation, 
human health and welfare, water avail-
ability and coastal infrastructure, and 
human social and economic systems, in-
cluding providing information about the 
differential impacts on specific geographic 
regions within the United States, on people 
of different income levels within those re-
gions, and for rural and urban areas with-
in those regions; and 
(v) summarizes the vulnerability of 
different geographic regions of the world to 
global change and analyzes the implica-
tions of global change for the United 
States, including international assistance, 
population displacement, food and resource 
availability, and national security. 
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(B) USE OF RELATED REPORTS.—To the 
extent appropriate, the assessment produced 
pursuant to this paragraph may coordinate 
with, consider, incorporate, or otherwise make 
use of related reports, assessments, or informa-
tion produced by the United States Global 
Change Research Program, regional, State, and 
local entities, and international organizations, 
including the World Meteorological Organiza-
tion and the Intergovernmental Panel on Cli-
mate Change. 
(8) POLICY
ASSESSMENT.—Not later than 1 
year after the date of enactment of this Act, and at 
least once every 4 years thereafter, the President 
shall enter into a joint agreement with the National 
Academy of Public Administration and the National 
Academy of Sciences under which the Academies 
shall— 
(A) document current policy options being 
implemented by Federal, State, and local gov-
ernments to mitigate or adapt to the effects of 
global and regional climate change; 
(B) evaluate the realized and anticipated 
effectiveness of those current policy options in 
meeting mitigation and adaptation goals; 
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(C) identify and evaluate a range of addi-
tional policy options and infrastructure for miti-
gating or adapting to the effects of global and 
regional climate change; 
(D) analyze the adoption rates of policies 
and technologies available to reduce the vulner-
ability of society to global change with an eval-
uation of the market and policy obstacles to 
their adoption in the United States; and 
(E) evaluate the distribution of economic 
costs and benefits of these policy options across 
different United States economic sectors. 
(9) ANNUAL REPORT.—Each year at the time 
of submission to the Congress of the President’s 
budget request, the President shall submit to the 
Congress a report on the activities conducted pursu-
ant to this subsection, including— 
(A) a description of the activities of the 
Program during the past fiscal year; 
(B) a description of the activities planned 
in the next fiscal year toward achieving the 
goals of the Plan; and 
(C) a description of the groups or cat-
egories of State, local, and regional decision-
makers identified as potential users of the in-
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formation generated through the Program and 
a description of the activities used to facilitate 
consultations with and outreach to these 
groups, coordinated through the work of the 
interagency committee. 
(10) RELATION TO OTHER AUTHORITIES.—The 
President shall— 
(A) ensure that relevant research, assess-
ment, and outreach activities of the National 
Climate Program, established by the National 
Climate Program Act (15 U.S.C. 2901 et seq.), 
are considered in developing national global and 
regional climate change research and assess-
ment efforts; and 
(B) facilitate ongoing dialog and informa-
tion exchange with regional, State, and local 
governments 
and 
other 
user 
communities 
through programs authorized in the National 
Climate Program Act (15 U.S.C. 2901 et seq.). 
(11) REPEAL.—The Global Change Research 
Act of 1990 (15 U.S.C. 2921 et seq.) is amended by 
striking titles I and III thereof. 
(12) GLOBAL
CHANGE
RESEARCH
INFORMA-
TION.—The President shall establish or designate a 
Global Change Research Information Exchange to 
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make scientific research and other information pro-
duced through or utilized by the Program which 
would be useful in preventing, mitigating, or adapt-
ing to the effects of global change accessible through 
electronic means. 
(13) ICE SHEET STUDY AND REPORT.— 
(A) STUDY.— 
(i) REQUIREMENT.—The Director of 
the National Science Foundation and the 
Administrator of National Oceanic and At-
mospheric Administration shall enter into 
an arrangement with the National Acad-
emy of Sciences to complete a study of the 
current status of ice sheet melt, as caused 
by climate change, with implications for 
global sea level rise. 
(ii) CONTENTS.—The study shall take 
into consideration— 
(I) the past research completed 
related to ice sheet melt as reviewed 
by Working Group I of the Intergov-
ernmental Panel on Climate Change; 
(II) additional research com-
pleted since the fall of 2005 that was 
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not included in the Working Group I 
report due to time constraints; and 
(III) the need for an accurate as-
sessment of changes in ice sheet 
spreading, changes in ice sheet flow, 
self-lubrication, the corresponding ef-
fect on ice sheets, and current mod-
eling capabilities. 
(B) REPORT.—Not later than 18 months 
after the date of enactment of this Act, the Na-
tional Academy of Sciences shall transmit to 
the Committee on Science and Technology of 
the House of Representatives and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate a report on the key find-
ings of the study conducted under subpara-
graph (A), along with recommendations for ad-
ditional research related to ice sheet melt and 
corresponding sea level rise. 
(14) HURRICANE FREQUENCY AND INTENSITY 
STUDY AND REPORT.— 
(A) STUDY.— 
(i) 
REQUIREMENT.—The 
Adminis-
trator of the National Oceanic and Atmos-
pheric Administration and the Director of 
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the National Science Foundation shall 
enter into an arrangement with the Na-
tional Academy of Sciences to complete a 
study of the current state of the science on 
the potential impacts of climate change on 
patterns of hurricane and typhoon develop-
ment, including storm intensity, track, and 
frequency, and the implications for hurri-
cane-prone and typhoon-prone coastal re-
gions. 
(ii) CONTENTS.—The study shall take 
into consideration— 
(I) the past research completed 
related to hurricane and typhoon de-
velopment, track, and intensity as re-
viewed by Working Groups I and II of 
the Intergovernmental Panel on Cli-
mate Change; 
(II) additional research com-
pleted since the fall of 2005 that was 
not included in the Working Group I 
and II reports due to time con-
straints; 
(III) the need for accurate as-
sessment of potential changes in hur-
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ricane and typhoon intensity, track, 
and frequency and of the current 
modeling and forecasting capabilities 
and the need for improvements in 
forecasting of these parameters; and 
(IV) the need for additional re-
search and monitoring to improve 
forecasting of hurricanes and ty-
phoons and to understand the rela-
tionship between climate change and 
hurricane and typhoon development. 
(B) REPORT.—Not later than 18 months 
after the date of enactment of this Act, the Na-
tional Academy of Sciences shall transmit to 
the Committee on Science and Technology of 
the House of Representatives and the Com-
mittee on Commerce, Science, and Transpor-
tation of the Senate a report on the key find-
ings of the study conducted under subpara-
graph (A). 
(c) CLIMATE AND OTHER GLOBAL CHANGE DATA 
MANAGEMENT.— 
(1) PURPOSES.—The purposes of this sub-
section are to establish climate and other global 
change data management and archiving as Federal 
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agency missions, and to establish Federal policies for 
managing and archiving climate and other global 
change data. 
(2) DEFINITIONS.—For purposes of this sub-
section— 
(A) the term ‘‘metadata’’ means informa-
tion describing the content, quality, condition, 
and other characteristics of climate and other 
global change data, compiled, to the maximum 
extent possible, consistent with the require-
ments of the ‘‘Content Standard for Digital 
Geospatial Metadata’’ (FGDC–STD–001–1998) 
issued by the Federal Geographic Data Com-
mittee, or any successor standard approved by 
the working group; and 
(B) the term ‘‘working group’’ means the 
interagency climate and other global change 
data management working group established 
under paragraph (3). 
(3) INTERAGENCY CLIMATE AND OTHER GLOB-
AL CHANGE DATA MANAGEMENT WORKING GROUP.— 
(A) 
ESTABLISHMENT.—The 
President 
shall establish or designate an interagency cli-
mate and other global change data management 
working group to make recommendations for 
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coordinating Federal climate and other global 
change data management and archiving activi-
ties. 
(B) MEMBERSHIP.—The working group 
shall include the Administrator of the National 
Aeronautics and Space Administration, the Ad-
ministrator of the National Oceanic and Atmos-
pheric Administration, the Secretary of Energy, 
the Secretary of Defense, the Director of the 
National Science Foundation, the Director of 
the United States Geological Survey, the Archi-
vist of the United States, the Administrator of 
the Environmental Protection Agency, the Sec-
retary of the Smithsonian Institution, or their 
designees, and representatives of any other 
Federal agencies the President considers appro-
priate. 
(C) REPORTS.—Not later than 1 year after 
the date of enactment of this Act, the working 
group shall transmit a report to the Congress 
containing the elements described in subpara-
graph (D). Not later than 4 years after the ini-
tial report under this subparagraph, and at 
least once every 4 years thereafter, the working 
group shall transmit reports updating the pre-
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vious report. In preparing reports under this 
subparagraph, the working group shall consult 
with expected users of the data collected and 
archived by the Program. 
(D) CONTENTS.—The reports and updates 
required under subparagraph (C) shall— 
(i) include recommendations for the 
establishment, maintenance, and accessi-
bility of a catalog identifying all available 
climate and other global change data sets; 
(ii) identify climate and other global 
change data collections in danger of being 
lost and recommend actions to prevent 
such loss; 
(iii) identify gaps in climate and other 
global change data and recommend actions 
to fill those gaps; 
(iv) identify effective and compatible 
procedures for climate and other global 
change data collection, management, and 
retention and make recommendations for 
ensuring their use by Federal agencies and 
other appropriate entities; 
(v) develop and propose a coordinated 
strategy for funding and allocating respon-
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sibilities among Federal agencies for cli-
mate and other global change data collec-
tion, management, and retention; 
(vi) make recommendations for ensur-
ing that particular attention is paid to the 
collection, management, and archiving of 
metadata; 
(vii) make recommendations for en-
suring a unified and coordinated Federal 
capital investment strategy with respect to 
climate and other global change data col-
lection, management, and archiving; 
(viii) evaluate the data record from 
each observing system and make rec-
ommendations to ensure that delivered 
data are free from time-dependent biases 
and random errors before they are trans-
ferred to long-term archives; and 
(ix) evaluate optimal design of obser-
vation system components to ensure a cost- 
effective, adequate set of observations de-
tecting and tracking global change. 
SEC. 452. NATIONAL CLIMATE SERVICE. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘National Climate Service Act of 2009’’. 
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(b) PURPOSE.—The purpose of this section is to es-
tablish a National Climate Service and to define the activi-
ties to be undertaken within the National Oceanic and At-
mospheric Administration to— 
(1) advance understanding of climate variability 
and change at the global, national, regional, and 
local levels; 
(2) provide forecasts, warnings, and other infor-
mation to the public on variability and change in 
weather and climate that affect geographic areas, 
natural resources, infrastructure, economic sectors, 
and communities; and 
(3) support development of adaptation and re-
sponse plans by Federal agencies, State, local, and 
tribal governments, the private sector, and the pub-
lic. 
(c) DEFINITIONS.—In this section: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Climate Service Advi-
sory Committee established under subsection (f). 
(2) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the Climate Service Office. 
(3) REPRESENTATIVE.—The term ‘‘representa-
tive’’ means an individual who is not a full-time or 
part-time employee of the Federal Government and 
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who is appointed to an advisory committee to rep-
resent the views of an entity or entities outside the 
Federal Government. 
(4) SPECIAL
GOVERNMENT
EMPLOYEE.—The 
term ‘‘Special Government Employee’’ has the same 
meaning as in section 202(a) of title 18, United 
States Code. 
(5) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the Under Secretary of Commerce 
for Oceans and Atmosphere. 
(d) INTERAGENCY DEVELOPMENT OF A NATIONAL 
CLIMATE SERVICE.— 
(1) IN GENERAL.—The President shall— 
(A) initiate a process within 30 days after 
the date of enactment of this Act through the 
Committee on Environment and Natural Re-
sources of the National Science and Technology 
Council and led by the Director of the Office of 
Science and Technology Policy, to evaluate al-
ternative structures to support a collaborative, 
interagency research and operational program 
that will achieve the goal of meeting the needs 
of decisionmakers in— 
(i) Federal agencies; 
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(ii) State, local, and tribal govern-
ments; 
(iii) regional entities and other stake-
holders and users, 
for reliable, timely, and relevant information re-
lated to climate variability and change; 
(B) within 1 year after the date of enact-
ment of this Act complete pursuant to para-
graph (2) a survey of the needs of current and 
future users of information related to climate 
variability and change; 
(C) within 2 years after the date of enact-
ment of this Act report to Congress under para-
graph (3) the results of the evaluation described 
in subparagraph (A) and provide a plan to es-
tablish a collaborative, interagency research and 
operational program to deliver information re-
lated to climate variability and change to all 
users; and 
(D) within 3 years after the date of enact-
ment of this Act, and after delivery of the re-
port to Congress required under subparagraph 
(C), establish a National Climate Service, based 
upon the information obtained through the 
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process described in subparagraph (A), that 
meets the goal described in subparagraph (A). 
(2) SURVEY
OF
NEED
FOR
CLIMATE
SERV-
ICES.— 
(A) IN GENERAL.—The Director of the Of-
fice of Science and Technology Policy, through 
the Committee on Environment and Natural 
Resources, shall provide a report to Congress 
within 1 year after the date of enactment of 
this Act that compiles information on the cur-
rent climate products being delivered by each 
Federal agency and its partner organizations to 
users and stakeholders, and on the needs of 
users and stakeholders for new climate products 
and services. 
(B) CONTENTS OF THE REPORT.—The re-
port shall identify— 
(i) specific user groups and stake-
holders that currently are served by each 
Federal agency and its partner organiza-
tions; 
(ii) the type of climate products and 
services currently delivered to specific 
users groups and stakeholders, and the 
specific Federal agency office, program, or 
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partner organization that delivers these 
products and services; 
(iii) potential user groups and stake-
holders that may be served by expanding 
climate products and services; 
(iv) specific needs for new climate 
products and services to be delivered by 
each Federal agency and its partner orga-
nizations identified by user groups and 
stakeholders; 
(v) a characterization of the different 
user and stakeholder groups that were sur-
veyed by each Federal agency; and 
(vi) a list of non-Federal entities that 
deliver climate products and services. 
(3) REPORT TO CONGRESS.— 
(A) IN GENERAL.—Within 2 years after 
the date of enactment of this Act, the Director 
of the Office of Science and Technology Policy 
shall report to the President and the Congress 
on a proposal, prepared through the Committee 
on Environment and Natural Resources, to es-
tablish and operate a National Climate Service. 
The report shall include— 
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(i) a description of the alternative 
structures considered; 
(ii) a description of the structure pro-
posed for a National Climate Service, in-
cluding a discussion of the benefits of this 
structure as compared to the alternatives 
considered; 
(iii) designation of a specific office or 
agency that will lead the National Climate 
Service and that shall be accountable for 
the daily operation of the National Climate 
Service; 
(iv) a description of the role and capa-
bility of each Federal agency, including a 
list of all entities within each agency or 
supported with agency funds that currently 
provide or may provide climate products or 
services; 
(v) a description of the mechanisms 
that will be used to ensure ongoing com-
munication 
and 
information 
exchange 
among the Federal agencies and between 
Federal agencies and their respective user 
and stakeholder communities including— 
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(I) mechanisms to facilitate ongo-
ing dialogue with non-Federal organi-
zations providing climate services; 
(II) mechanisms to facilitate on-
going dialogue with regional, State, 
local, and tribal governments, the pri-
vate sector, and other users and 
stakeholders on the development and 
delivery of climate services; 
(III) mechanisms to collect infor-
mation, observations, and other data 
relevant for improving climate prod-
ucts and services; and 
(IV) designation of points of con-
tact for each Federal agency with re-
sponsibilities to deliver climate serv-
ices; 
(vi) a detailed description of the proc-
esses and procedures that will be necessary 
to coordinate observations and information 
collection by different Federal agencies to 
ensure the compatibility of information and 
to facilitate data and information exchange 
among Federal agencies and with non-Fed-
eral entities, and a designation of the 
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agency or agencies that would be respon-
sible for ongoing oversight of these func-
tions; 
(vii) a detailed description of how re-
search findings and climate impact assess-
ments produced through the United States 
Global Change Research Program and the 
other activities undertaken within the 
United States Global Change Research 
Program would be integrated with the ac-
tivities undertaken by a National Climate 
Service; 
(viii) a list of the existing observation 
and monitoring systems or programs oper-
ated by each Federal agency that provide 
data, observations, and other information 
that may be used to develop or improve cli-
mate products and services; 
(ix) a description of new infrastruc-
ture, equipment, personnel or other re-
sources, by agency, that may be needed to 
achieve the goals of a National Climate 
Service, and the time period over which 
these new resources will be allocated; 
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(x) an identification of the activities 
that may be undertaken in cooperation 
with international partners; 
(xi) the mechanisms established to 
provide quality assurance and quality con-
trol of climate service products and serv-
ices, and the agency or agencies designated 
to conduct and oversee these mechanisms; 
(xii) an identification of non-Federal 
entities that provide climate products and 
services, and a description of the relation-
ship envisioned between a National Climate 
Service and the non-Federal entities pro-
viding climate services; and 
(xiii) responses to the comments re-
ceived during the public comment period. 
(B) DRAFT REPORT.—Prior to the submis-
sion of the final report, the Director of the Of-
fice of Science and Technology Policy shall pub-
lish a draft report in the Federal Register with 
a comment period of at least 30 days. 
(C) CONSULTATION.—In developing the re-
port, the Director of the Office of Science and 
Technology Policy shall consult with State, 
local, and tribal governments, regional entities, 
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the private sector, and other users and stake-
holder groups, and Congress. 
(4) ANNUAL REPORT.—The Director of the Of-
fice of Science and Technology Policy shall transmit 
to the Congress at the time of the President’s fiscal 
year 2013 budget request, and annually thereafter, 
a report on the annual anticipated cost of carrying 
out the research and operational activities of the Na-
tional Climate Service, with a description of the 
budget for each Federal agency’s activities. 
(e) CLIMATE SERVICE PROGRAM.— 
(1) IN GENERAL.—The Under Secretary, build-
ing upon the resources of the National Weather 
Service and other weather and climate programs in 
the National Oceanic and Atmospheric Administra-
tion, shall establish a Climate Service Program. 
(2) CLIMATE
SERVICE
OFFICE.—The Under 
Secretary shall establish a Climate Service Office 
and shall appoint a Director of the Office to collabo-
rate with the leadership of the National Oceanic and 
Atmospheric Administration line offices to perform 
the duties assigned to the Office. The Climate Serv-
ice Office shall— 
(A) coordinate programs at the National 
Oceanic and Atmospheric Administration to en-
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sure the timely production and distribution of 
data and information on global, national, re-
gional, and local climate variability and change 
over all time scales relevant for planning and 
response, including intraseasonal, interannual, 
decadal, and multidecadal time periods; 
(B) ensure exchange of information be-
tween the research and operational offices at 
the National Oceanic and Atmospheric Admin-
istration to identify research needs for improv-
ing climate products and services and ensure 
the timely and orderly transition of research 
findings, improved technologies, models, and 
other tools to the National Oceanic and Atmos-
pheric Administration’s operations; 
(C) ensure operational quality control of all 
Climate Service Program products including a 
transparent and open accounting of all the as-
sumptions built into the global, national, re-
gional, and local weather and climate computer 
models upon which such products are based; 
(D) ensure a continuous level of high-qual-
ity data collected through a national observa-
tion and monitoring infrastructure, including at 
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a minimum performing regular maintenance 
and verification, and periodic upgrades; 
(E) serve as liaison to and exchange infor-
mation with other Federal agencies that provide 
climate services in order to— 
(i) ensure the timely dissemination of 
data and information on weather and cli-
mate produced by the National Oceanic 
and Atmospheric Administration to other 
Federal agencies; 
(ii) ensure that data and information 
collected by other Federal agencies rel-
evant to improving climate services are 
made available to the National Oceanic 
and Atmospheric Administration; 
(iii) facilitate the development and de-
livery of climate products and services to 
relevant stakeholders; and 
(iv) obtain information from other 
Federal agencies to improve the develop-
ment and dissemination by the National 
Oceanic and Atmospheric Administration 
of information on weather and climate to 
other Federal agencies for the development 
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of climate service products by those agen-
cies; 
(F) ensure cooperation and collaboration, 
as appropriate, of the Climate Service Program 
with State, local, and tribal governments, re-
gional entities, academic and nonprofit research 
organizations, and private sector entities, in-
cluding weather information providers and 
other stakeholders; and 
(G) ensure exchange of data, information, 
and research with the United States Global 
Change Research Program to support the devel-
opment of assessments required under the Glob-
al Change Research Act of 1990 (15 U.S.C. 
2921 et seq.). 
(3) CLIMATE SERVICE PROGRAM.— 
(A) IN GENERAL.—The Under Secretary 
shall operate the Climate Service Program 
through a national center, the Climate Service 
Office, and a network of regional and local fa-
cilities, including the established regional and 
local offices of the National Weather Service, 6 
Regional Climate Centers, the offices of the Re-
gional Integrated Sciences and Assessments 
program, the National Integrated Drought In-
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formation System, and any other National Oce-
anic and Atmospheric Administration or Na-
tional Oceanic and Atmospheric Administration- 
supported regional and local entities, as appro-
priate. 
(B) REGIONAL
CLIMATE
CENTERS
PRO-
GRAM.—The Under Secretary shall maintain a 
network of 6 Regional Climate Centers to work 
cooperatively with the State Climate Offices 
to— 
(i) collect and exchange data and in-
formation needed to characterize, under-
stand, and forecast regional and local 
weather and climate; 
(ii) facilitate collection and exchange 
of data and information between the States 
and Federal Government on weather and 
climate in conjunction with the National 
Climatic Data Center; 
(iii) support research and observa-
tions; 
(iv) obtain input on stakeholder needs 
for weather and climate information and 
products; and 
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(v) support State and local adaptation 
and response planning. 
(C) REGIONAL INTEGRATED SCIENCES AND 
ASSESSMENTS PROGRAM.—The Under Secretary 
shall maintain a network of offices as part of 
the Regional Integrated Sciences and Assess-
ments Program. Such offices shall engage in co-
operative research, development, and dem-
onstration projects with the academic commu-
nity, State Climate Offices, Regional Climate 
Offices, and other users and stakeholders on cli-
mate products, technologies, models, and other 
tools to improve understanding and forecasting 
of regional and local climate variability and 
change and the effects on economic activities, 
natural resources, and water availability, and 
other effects on communities, to facilitate devel-
opment of regional and local adaptation plans 
to respond to climate variability and change, 
and any other needed research identified by the 
Under Secretary or the Advisory Committee. 
(D) OTHER OFFICES.—In carrying out the 
functions of the Climate Service Program, the 
Under Secretary shall utilize the assets and ex-
pertise of— 
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(i) the National Weather Service to— 
(I) deliver operational weather 
and climate forecasts, warnings, prod-
ucts, and information through the Cli-
mate 
Service 
Programs 
Division, 
Local 
Weather 
Forecast 
Offices, 
Weather Service Offices, and River 
Forecast Centers; and 
(II) 
develop 
climate 
forecast 
models and tools through the National 
Centers for Environmental Prediction; 
(ii) the National Environmental Sat-
ellite, Data, and Information Service to 
provide data services and support for prod-
uct development and operations through 
the National Climatic Data Center and the 
Regional Climate Centers; 
(iii) the Office of Oceanic and Atmos-
pheric Research to— 
(I) provide research on product 
development; 
(II) improve weather and climate 
forecast models; 
(III) provide new technologies 
and methods of observation; and 
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(IV) oversee the National Oce-
anic and Atmospheric Administration 
supported research performed by the 
Joint Cooperative Institutes, univer-
sities, and other non-Federal entities; 
(iv) the National Integrated Drought 
Information System to— 
(I) provide an effective drought 
warning system; 
(II) coordinate and integrate 
Federal research on droughts; 
(III) collect and integrate infor-
mation on key indicators of drought; 
(IV) make usable, reliable, and 
timely forecasts and assessments of 
drought, including assessments of the 
severity of drought conditions and ef-
fects; 
(V) communicate drought fore-
casts, conditions, and effects to Fed-
eral, State, tribal, and local govern-
ments, regional entities, the private 
sector, and the public; and 
(VI) coordinate with State Cli-
mate Offices and RISA teams to as-
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sess management practices and tech-
nologies, and the effects of both, used 
for drought mitigation at the local, 
State, and regional levels; and 
(v) any other National Oceanic and 
Atmospheric Administration offices or pro-
grams, as appropriate. 
(E) MISSION.—The Under Secretary shall 
ensure that the core functions and missions of 
the National Weather Service, the National In-
tegrated Drought Information System, and any 
other programs within the National Oceanic 
and Atmospheric Administration are not dimin-
ished or neglected by the establishment of the 
Climate Service Program or the duties imposed 
on such offices or programs under this para-
graph. 
(F) PROGRAM
ELEMENTS.—The Climate 
Service Program shall— 
(i) conduct analyses of and studies re-
lating to the effects of weather and climate 
on communities, including effects on agri-
cultural production, natural resources, en-
ergy supply and demand, recreation, and 
other sectors of the economy; 
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(ii) carry out observations, data collec-
tion, and monitoring of atmospheric and 
oceanic conditions on a statewide, regional, 
national, and global basis; 
(iii) provide information and technical 
support for Federal, regional, State, tribal, 
and local government efforts to assess and 
respond to climate variability and change; 
(iv) develop systems for the manage-
ment and dissemination of data, informa-
tion, and assessments, including mecha-
nisms for consultation with current and 
potential users and other stakeholders; 
(v) conduct research to improve fore-
casting, 
characterization, 
and 
under-
standing of weather and climate variability 
and change and its effects on communities, 
including its effects on agricultural produc-
tion, natural resources, energy supply and 
demand, recreation, and other sectors of 
the economy; and 
(vi) develop tools to facilitate the use 
of climate information by local and re-
gional stakeholders. 
(f) CLIMATE SERVICE ADVISORY COMMITTEE.— 
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(1) IN GENERAL.—The Under Secretary shall 
establish a Climate Service Advisory Committee to 
provide advice on— 
(A) climate service product development; 
(B) delivery of services to decisionmakers 
and other stakeholders; 
(C) infrastructure to support observations 
and monitoring; 
(D) computation and modeling needs, re-
search needs, and other resources needed to de-
velop, distribute, and ensure the utility of cli-
mate data, products, and services; and 
(E) any other topics as may be requested 
by the Under Secretary or Congress. 
(2) MEMBERS.— 
(A) IN
GENERAL.—The Advisory Com-
mittee shall be composed of at least 25 mem-
bers appointed by the Under Secretary. Each 
member of the Advisory Committee shall be 
qualified either— 
(i) by education, training, and experi-
ence to evaluate scientific and technical in-
formation on matters referred to the Advi-
sory Committee under this subsection; or 
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(ii) to evaluate the utility and need for 
climate products by planners, decision-
makers, the private sector, and the public. 
(B) TERMS OF SERVICE.—Members shall 
be appointed for 3-year terms, renewable once, 
and shall serve at the discretion of the Under 
Secretary. Vacancy appointments shall be for 
the remainder of the unexpired term of the va-
cancy, and an individual so appointed may sub-
sequently be appointed for 2 full 3-year terms 
if the remainder of the unexpired term is less 
than one year. 
(C) CHAIRPERSON.—The Under Secretary 
shall designate a chairperson from among the 
members of the Advisory Committee. The des-
ignated Chairperson shall alternate between a 
member who is appointed as a representative 
and a member who is appointed as a Special 
Government Employee. 
(D) SUBCOMMITTEES.— 
(i) ESTABLISHMENT.—The Advisory 
Committee shall establish— 
(I) a Subcommittee on Science 
and Technology to advise the Climate 
Service Program on needed research, 
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technology development, and addi-
tional observations, and on any other 
scientific or technical issues as appro-
priate; and 
(II) a Subcommittee on Product 
Development and Delivery composed 
primarily of representatives of the 
community of potential users of the 
products developed and delivered by 
the Climate Service Program. 
The Advisory Committee may establish 
such additional subcommittees of its mem-
bers as may be necessary. 
(ii) APPOINTMENT.— 
(I) 
FULL
ADVISORY
COM-
MITTEE.—At least 50 percent of the 
members of the Advisory Committee 
shall be appointed as Special Govern-
ment Employees. 
(II) SUBCOMMITTEES.—At least 
75 percent of the members of the 
Subcommittee on Science and Tech-
nology shall be appointed as Special 
Government Employees. Not more 
than 25 percent of the members of 
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the Subcommittee on Product Devel-
opment and Delivery shall be ap-
pointed as Special Government Em-
ployees. 
(3) ADMINISTRATIVE PROVISIONS.— 
(A) 
REPORTING.—The 
Advisory 
Com-
mittee shall report to the Under Secretary and 
the appropriate requesting party. 
(B) 
ADMINISTRATIVE
SUPPORT.—The 
Under Secretary shall provide administrative 
support to the Advisory Committee. 
(C) MEETINGS.—The Advisory Committee 
shall meet at least twice each year and at other 
times at the call of the Under Secretary or the 
Chairperson. 
(D) COMPENSATION
AND
EXPENSES.—A 
member of the Advisory Committee shall not be 
compensated for service on the Advisory Com-
mittee, but may be allowed travel expenses, in-
cluding per diem in lieu of subsistence, in ac-
cordance with subchapter I of chapter 57 of 
title 5, United States Code. 
(4) EXPIRATION.—Section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Climate Service Advisory Committee. 
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(g) REPEAL.—The National Climate Program Act 
(15 U.S.C. 2901 et seq.) is repealed. 
(h) ESTABLISHMENT
OF REGIONAL INTEGRATED 
SCIENCES AND ASSESSMENTS TEAMS.— 
(1) IN GENERAL.—In maintaining the network 
of Regional Integrated Sciences and Assessments 
(RISA) Teams under subsection (e)(3)(C), the 
Under Secretary shall utilize a competitive, peer-re-
viewed selection process. Teams shall conduct ap-
plied regional climate research and projects to ad-
dress the needs of local and regional decisionmakers 
for information and tools to develop adaptation and 
response plans to climate variability and change. 
The awards shall be administered through a cooper-
ative agreement between the National Oceanic and 
Atmospheric Administration and the RISA Team. 
Each award shall be for a period of five years. 
(2) RISA TEAMS.—Teams shall be composed of 
multi-institutional partnerships whose individual 
members may include— 
(A) institutions of higher education, as de-
fined in section 101(a) of the Higher Education 
Act of 1965 (20 U.S.C. 1001(a)); 
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(B) minority serving institutions, as de-
fined in section 371(a) of the Higher Education 
Act of 1965; and 
(C) nongovernmental research organiza-
tions, Federal agencies, State and local agen-
cies, tribal organizations, and for-profit entities. 
(3) 
CONSIDERATIONS.—In 
making 
awards 
under this subsection, the Under Secretary shall 
consider— 
(A) the overall geographic distribution of 
RISA Teams and existing gaps in applied re-
search to support local and regional decision-
makers; 
(B) the team’s ability to contribute to the 
National Oceanic and Atmospheric Administra-
tion’s efforts to deliver climate services in the 
region; and 
(C) the team’s proposal to integrate social 
and physical sciences research to address the 
effects of climate variability and change on the 
ecology, economy, infrastructure, and commu-
nities in the region. 
(i) SURVEY OF NEED FOR CLIMATE SERVICES.— 
(1) IN GENERAL.—The Under Secretary shall 
provide a report to Congress within 9 months after 
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the date of enactment of this Act that compiles in-
formation on the current climate products being de-
livered by the National Oceanic and Atmospheric 
Administration and its partner organizations to 
users and stakeholders and on the needs of users 
and stakeholders for new climate products and serv-
ices. 
(2) CONTENTS OF REPORT.—The report shall 
identify— 
(A) specific user groups and stakeholders 
that currently are served by the National Oce-
anic and Atmospheric Administration and its 
partner organizations; 
(B) the type of climate products and serv-
ices currently delivered to specific user groups 
and stakeholders and the specific National Oce-
anic and Atmospheric Administration office or 
partner organization that delivers these prod-
ucts and services; 
(C) potential user groups and stakeholders 
that may be served by expanding climate prod-
ucts and services; and 
(D) specific needs for new climate products 
and services identified by user groups and 
stakeholders. 
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1100 
(3) CONSULTATION.—The Under Secretary 
shall consult with the Climate Service Advisory Com-
mittee in the preparation of this report. 
(j) IMPLEMENTATION PLAN.— 
(1) IN GENERAL.—The Under Secretary shall 
prepare a plan for creating a Climate Service Pro-
gram in the National Oceanic and Atmospheric Ad-
ministration and delivering climate products and 
services to the National Oceanic and Atmospheric 
Administration users and stakeholders. The plan 
shall be submitted to the President and the Con-
gress within 1 year after the date of enactment of 
this Act. 
(2) DRAFT PLAN.—Prior to the submission of 
the final plan, the Under Secretary shall publish a 
draft plan in the Federal Register with a public 
comment period of at least 30 days. 
(3) CONTENTS.—The plan shall— 
(A) identify the current gaps in climate 
services and outline the process and resources 
the National Oceanic and Atmospheric Admin-
istration will use to fill these gaps; 
(B) describe the roles of the National Oce-
anic and Atmospheric Administration line of-
fices and the National Oceanic and Atmospheric 
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Administration partner organizations in the de-
velopment and delivery of climate products and 
services; 
(C) describe the development and imple-
mentation of quality assurance and control 
mechanisms for climate products and services 
delivered by the National Oceanic and Atmos-
pheric Administration and its partner organiza-
tions; 
(D) identify the mechanisms and opportu-
nities for determining user needs and engaging 
in a two-way dialogue with users that will in-
form climate product and service development 
and delivery of authoritative, timely, and useful 
information on climate variability and change 
and the effects on local, State, regional, na-
tional, and global scales; 
(E) identify new responsibilities or tasks to 
be undertaken by existing National Oceanic and 
Atmospheric Administration line offices and 
partner organizations; 
(F) identify new infrastructure, equipment, 
personnel, or other resources needed to imple-
ment the proposed plan; and 
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(1) IN GENERAL.—Not later than September 
30 of each of calendar years 2011 through 2049, the 
Administrator shall distribute, in accordance with 
this section, allowances allocated for the following 
vintage year pursuant to section 782(l) of the Clean 
Air Act (as added by section 321 of this Act). The 
Administrator shall reserve 1 percent of such allow-
ances for distribution to Indian tribes in accordance 
with subsection (d). The remainder of such allow-
ances shall be distributed ratably among the States 
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 
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