284 
(8) an estimate of the budgetary and human re-
sources needed to address climate change impacts on 
matters within the jurisdiction of the agency. 
SEC. 369. FEDERAL FUNDING FOR STATE, LOCAL, AND 
TRIBAL ADAPTATION PROJECTS. 
(a) ESTABLISHMENT OF PROGRAM.—Not later than 
January 1, 2013, the President shall— 
(1) directly, or through such Federal agency or 
agencies as the President may designate, promulgate 
regulations establishing an integrated program to 
use funds in the National Climate Change Adapta-
tion Fund to provide financial assistance to State, 
local, and tribal governments, individually or jointly, 
for implementation of projects to reduce vulner-
ability to climate change impacts; and 
(2) submit such regulations to the House Com-
mittee on Energy and Commerce, the Senate Com-
mittee on Environment and Public Works, and other 
committees of relevant jurisdiction in the House of 
Representatives and the Senate. 
(b) CONSULTATION.—In promulgating the regula-
tions under subsection (a), the President, or such Federal 
agency or agencies as the President may designate, shall— 
(1) consult with the Administrator of NOAA 
and the Council; and 
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(2) take into consideration the findings and rec-
ommendations of the most recent National Assess-
ment and any relevant agency climate change adap-
tation plans developed pursuant to section 368. 
(c) REQUIREMENTS.—The regulations promulgated 
under subsection (a) shall— 
(1) identify the Federal agency or agencies to 
be charged with administering each element of the 
program, and any relevant information relating to 
organization, governance, and respective responsibil-
ities under the program; 
(2) identify priorities and objectives for building 
State, local, and tribal governments’ capacity to 
adapt to climate change impacts through financial 
support for State, local, and tribal projects; 
(3) identify mechanisms, including grants or 
loans, through which funds within the National Cli-
mate Change Adaptation Fund will be used to pro-
vide financial support for projects implemented by 
State, local, or tribal governments; 
(4) identify categories of projects eligible for 
funding under the program, consistent with the re-
gional and national adaptation priorities identified in 
the National Assessment; 
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(5) describe procedures for submission, evalua-
tion, and approval of project proposals; 
(6) establish selection criteria for evaluating cli-
mate change adaptation project proposals submitted, 
individually or jointly, by State, local, and tribal gov-
ernments, including consideration of environmental 
impacts and cost-effectiveness in reducing vulner-
ability to climate change impacts; 
(7) establish criteria for allocating funding 
among different regions, States, localities, and In-
dian tribes, and among different project categories; 
(8) establish criteria and mechanisms for re-
viewing project performance and for enforcing any 
restrictions imposed as a condition of supporting an 
approved project; and 
(9) provide such other information regarding 
implementation of the proposed program as the 
President or the promulgating agency or agencies 
consider appropriate. 
(d) PROGRAM IMPLEMENTATION.—If, after the 1- 
year period beginning on the date of submission of the 
regulations under subsection (a), Congress has not en-
acted a statute codifying the program established by the 
regulations or an alternative to such program, the agency 
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or agencies identified in the regulations pursuant to sub-
section (c)(1) shall implement the regulations. 
(e) PERIODIC REVISIONS.— 
(1) SUBMISSION OF REVISED REGULATIONS.— 
If a program has been implemented pursuant to sub-
section (d), the President shall, not later than Janu-
ary 1 of the calendar year following the publication 
of each subsequent National Assessment, promulgate 
and submit to Congress revised regulations that— 
(A) meet the requirements of subsection 
(c); and 
(B) reflect any relevant information or rec-
ommendations included in the most recent Na-
tional Assessment and relevant agency climate 
change adaptation plans. 
(2) IMPLEMENTATION
OF
REVISED
REGULA-
TIONS.—If, after the 1-year period beginning on the 
date of submission of any revised regulations under 
paragraph (1), Congress has not enacted a statute 
codifying the program established by revised regula-
tions or an alternative to such program, the agency 
or agencies identified in the revised regulations 
under subsection (c)(1) shall implement the revised 
regulations. 
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Subtitle G—Natural Resource 
Conservation Fund 
SEC. 371. PURPOSES. 
The purposes of this subtitle are— 
(1) to provide financial support for programs to 
protect natural resources, wildlife, and fisheries in 
the United States from the adverse impacts of cli-
mate change; and 
(2) to invest in policies and measures that will 
reduce the economic, social, and environmental costs 
of climate change to the United States economy as 
a result of loss of ecosystem services. 
SEC. 372. DEFINITIONS. 
In this subtitle: 
(1) ADAPTATION ACTIVITIES.—The term ‘‘ad-
aptation activities’’ means activities (including re-
search and education activities) that assist fish and 
wildlife, fish and wildlife habitat, plants, and associ-
ated ecological processes in adapting to and sur-
viving the impacts of climate change and ocean 
acidification. 
(2) ECOLOGICAL PROCESS.— 
(A) IN
GENERAL.—The term ‘‘ecological 
process’’ means a biological, chemical, or phys-
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289 
ical interaction between the biotic and abiotic 
components of an ecosystem. 
(B) INCLUSIONS.—The term ‘‘ecological 
process’’ includes— 
(i) nutrient cycling; 
(ii) pollination; 
(iii) predator-prey relationships; 
(iv) soil formation; 
(v) gene flow; 
(vi) larval dispersal and settlement; 
(vii) hydrological cycling; 
(viii) decomposition; and 
(ix) disturbance regimes, such as fire 
and flooding. 
(3) FISH AND WILDLIFE.—The term ‘‘fish and 
wildlife’’ means— 
(A) any species of wild fauna, including 
fish and other aquatic species; and 
(B) any fauna in a captive breeding pro-
gram the object of which is to reintroduce indi-
viduals of a species that is indigenous to the 
United States and the populations of which are 
depleted, into previously occupied range in the 
United States. 
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(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
and 
(D) any other territory or possession of the 
United States. 
SEC. 373. USE OF AMOUNTS IN NATURAL RESOURCE CON-
SERVATION FUND. 
(a) AVAILABILITY OF AMOUNTS.—All amounts de-
posited in the Natural Resource Conservation Fund estab-
lished by section 722 of the Clean Air Act (as added by 
section 101 of this Act) shall be available upon such de-
posit, without further appropriation or fiscal year limita-
tion, to carry out adaptation activities in accordance with 
this section. 
(b) DEPARTMENT
OF
THE
INTERIOR.—Of the 
amounts made available each fiscal year to carry out this 
section— 
(1) 35 percent shall be deposited in the Wildlife 
Conservation and Restoration Account established 
under section 3(a)(2) of the Pittman-Robertson 
Wildlife Restoration Act (16 U.S.C. 669b(a)(2)), for 
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grants to States to carry out adaptation activities in 
accordance with comprehensive State adaptation 
strategies approved under subsection (j); 
(2) 19 percent shall be allocated to the Sec-
retary for use in funding adaptation activities car-
ried out— 
(A) under endangered species, migratory 
bird, and other fish and wildlife programs ad-
ministered by the United States Fish and Wild-
life Service; 
(B) on wildlife refuges and other public 
land under the jurisdiction of the United States 
Fish and Wildlife Service, the Bureau of Land 
Management, or the National Park Service; or 
(C) within Federal water managed by the 
Bureau of Reclamation; and 
(3) 5 percent shall be allocated to the Secretary 
for adaptation activities carried out under coopera-
tive grant programs, including— 
(A) the cooperative endangered species 
conservation fund authorized under section 6(i) 
of the Endangered Species Act of 1973 (16 
U.S.C. 1535(i)); 
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(B) programs under the North American 
Wetlands Conservation Act (16 U.S.C. 4401 et 
seq.); 
(C) the multinational species conservation 
fund established under the heading ‘‘MULTI-
NATIONAL 
SPECIES 
CONSERVATION 
FUND’’ of title I of the Department of the In-
terior and Related Agencies Appropriations Act, 
1999 (16 U.S.C. 4246); 
(D) the Neotropical Migratory Bird Con-
servation Fund established by section 9(a) of 
the Neotropical Migratory Bird Conservation 
Act (16 U.S.C. 6108(a)); 
(E) the Coastal Program of the United 
States Fish and Wildlife Service; 
(F) the National Fish Habitat Action 
Plan; 
(G) the Partners for Fish and Wildlife 
Program; 
(H) the Landowner Incentive Program; 
(I) the Wildlife Without Borders Program 
of the United States Fish and Wildlife Service; 
and 
(J) the Park Flight Migratory Bird Pro-
gram of the National Park Service; and 
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294 
(4) 1 percent shall be allocated to the Secretary 
to provide financial assistance to Indian tribes to 
carry out adaptation activities through the Tribal 
Wildlife Grants Program of the United States Fish 
and Wildlife Service. 
(c) LAND AND WATER CONSERVATION FUND.— 
(1) DEPOSITS.— 
(A) IN GENERAL.—Of the amounts made 
available for each fiscal year to carry out this 
section, 10 percent shall be deposited into the 
Land and Water Conservation Fund established 
under section 2 of the Land and Water Con-
servation Fund Act of 1965 (16 U.S.C. 460l– 
5). 
(B) USE OF DEPOSITS.—Deposits into the 
Land and Water Conservation Fund under this 
subsection shall— 
(i) be supplemental to authorizations 
provided under section 3 of the Land and 
Water Conservation Fund Act of 1965 (16 
U.S.C. 460l–6) which shall remain avail-
able for nonadaptation needs; and 
(ii) be available for expenditure to 
carry out this section without further ap-
propriation or fiscal year limitation. 
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(2) ALLOCATIONS.—Of the amounts deposited 
under this subsection into the Land and Water Con-
servation Fund— 
(A) 1⁄6 shall be allocated to the Secretary 
and made available on a competitive basis to 
carry out adaptation activities through the ac-
quisition of land and interests in land under 
section 6 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l–8)— 
(i) to States in accordance with com-
prehensive wildlife conservation strategies, 
and to Indian tribes; 
(ii) notwithstanding section 5 of that 
Act (16 U.S.C. 460l–7); and 
(iii) in addition to any funds provided 
pursuant to— 
(I) annual appropriations Acts; 
(II) the Energy Policy Act of 
2005 (42 U.S.C. 15801 et seq.); or 
(III) any other authorization for 
nonadaptation needs; 
(B) 1⁄3 shall be allocated to the Secretary 
to carry out adaptation activities through the 
acquisition of lands and interests in land under 
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296 
section 7 of the Land and Water Conservation 
Fund Act of 1965 (16 U.S.C. 460l–9); 
(C) 1⁄6 shall be allocated to the Secretary 
of Agriculture and made available to the States 
to carry out adaptation activities through the 
acquisition of land and interests in land under 
section 7 of the Forest Legacy Program under 
the Cooperative Forestry Assistance Act of 
1978 (16 U.S.C. 2103c); and 
(D) 1⁄3 shall be allocated to the Secretary 
of Agriculture to carry out adaptation activities 
through the acquisition of land and interests in 
land under section 7 of the Land and Water 
Conservation Fund Act of 1965 (16 U.S.C. 
460l–9). 
(3) EXPENDITURE
OF
FUNDS.—In allocating 
funds under paragraph (2), the Secretary and the 
Secretary of Agriculture shall take into consideration 
factors including— 
(A) the availability of non-Federal con-
tributions from State, local, or private sources; 
(B) opportunities to protect wildlife cor-
ridors or otherwise to link or consolidate frag-
mented habitats; 
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297 
(C) opportunities to reduce the risk of cat-
astrophic wildfires, extreme flooding, or other 
climate-related events that are harmful to fish 
and wildlife and people; 
(D) the potential for conservation of spe-
cies or habitat types at serious risk due to cli-
mate change, ocean acidification, and other 
stressors; and 
(E) the potential to provide enhanced ac-
cess to land and water for fishing, hunting, and 
other public recreational uses. 
(d) FOREST SERVICE.—Of the amounts made avail-
able each fiscal year to carry out this section, 5 percent 
shall be allocated to the Secretary of Agriculture for use 
in funding adaptation activities carried out on national 
forests and national grasslands under the jurisdiction of 
the Forest Service, or pursuant to the cooperative Wings 
Across the Americas Program. 
(e) ENVIRONMENTAL PROTECTION AGENCY.—Of the 
amounts made available each fiscal year to carry out this 
section, 5 percent shall be allocated to the Administrator 
for use in adaptation activities restoring and protecting— 
(1) large-scale freshwater aquatic ecosystems, 
such as the Everglades, the Great Lakes, Flathead 
Lake, the Missouri River, the Mississippi River, the 
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298 
Colorado River, the Sacramento-San Joaquin Rivers, 
the Ohio River, the Columbia-Snake River System, 
the Apalachicola, Chattahoochee, and Flint River 
System, the Connecticut River, and the Yellowstone 
River; 
(2) large-scale estuarine ecosystems, such as 
Chesapeake Bay, Long Island Sound, Puget Sound, 
the Mississippi River Delta, the San Francisco Bay 
Delta, Narragansett Bay, and Albemarle-Pamlico 
Sound; and 
(3) freshwater and estuarine ecosystems, water-
sheds, and basins identified as priorities by the Ad-
ministrator, working in cooperation with other Fed-
eral agencies, States, local governments, scientists, 
and other conservation partners. 
(f) CORPS OF ENGINEERS.—Of the amounts made 
available annually to carry out this section, 10 percent 
shall be available to the Secretary of the Army for use 
by the Corps of Engineers to carry out adaptation activi-
ties restoring— 
(1) large-scale freshwater aquatic ecosystems, 
such as the ecosystems described in subsection 
(e)(1); 
(2) large-scale estuarine ecosystems, such as 
the ecosystems described in subsection (e)(2); 
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299 
(3) freshwater and estuarine ecosystems, water-
sheds, and basins identified as priorities by the 
Corps of Engineers, working in cooperation with 
other Federal agencies, States, local governments, 
scientists, and other conservation partners; and 
(4) habitats and ecosystems through the imple-
mentation of estuary habitat restoration projects au-
thorized by the Estuary Restoration Act of 2000 (33 
U.S.C. 2901 et seq.), project modifications for im-
provement of the environment, aquatic restoration 
and protection projects authorized by section 206 of 
the Water Resources Development Act of 1996 (33 
U.S.C. 2330), and other appropriate programs and 
activities. 
(g) DEPARTMENT OF COMMERCE.—Of the amounts 
made available each fiscal year to carry out this section, 
10 percent shall be allocated to the Secretary of Commerce 
for use in funding adaptation activities to protect, main-
tain, and restore coastal, estuarine, and marine resources, 
habitats, and ecosystems, including such activities carried 
out under— 
(1) the coastal and estuarine land conservation 
program; 
(2) the community-based restoration program; 
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(3) the Coastal Zone Management Act of 1972 
(16 U.S.C. 1451 et seq.), that State coastal agencies 
shall incorporate in accordance with coastal zone 
management plan elements that are— 
(A) developed by a coastal state and ap-
proved by the Secretary of Commerce in accord-
ance with section 306 of the Coastal Zone Man-
agement Act of 1972 (16 U.S.C. 1455); 
(B) consistent with the national adaptation 
strategy established by the President under 
subsection (i); and 
(C) specifically designed to strengthen the 
ability of coastal, estuarine, and marine re-
sources, habitats, and ecosystems to adapt to 
and withstand the impacts of— 
(i) global warming; and 
(ii) where practicable, ocean acidifica-
tion; 
(4) the Open Rivers Initiative; 
(5) the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.); 
(6) the Marine Mammal Protection Act of 1972 
(16 U.S.C. 1361 et seq.); 
(7) the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.); 
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(8) the Marine Protection, Research, and Sanc-
tuaries Act of 1972 (33 U.S.C. 1401 et seq.); and 
(9) the Coral Reef Conservation Act of 2000 
(16 U.S.C. 6401 et seq.). 
(h) COST SHARING.—Notwithstanding any other pro-
vision of law, a State or Indian tribe that receives a grant 
under paragraph (1) or (4) of subsection (b) shall use 
funds from non-Federal sources to pay 10 percent of the 
costs of each activity carried out using amounts under the 
grant. 
(i) NATIONAL ADAPTATION STRATEGY.— 
(1) IN GENERAL.—Funds made available under 
paragraphs (2), (3), and (4) of subsection (b) and 
subsections (c) through (g) shall be used only for ad-
aptation activities that are consistent with the na-
tional adaptation strategy developed by the Presi-
dent under this subsection. 
(2) NATIONAL ADAPTATION STRATEGY.— 
(A) IN GENERAL.—Not later than 3 years 
after the date of enactment of this Act, the 
President shall develop and implement a na-
tional adaptation strategy for assisting fish and 
wildlife, fish and wildlife habitat, plants, and 
associated ecological processes in becoming 
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(x) to protect, maintain, and restore 
ocean and coastal habitats to build healthy 
and resilient ecosystems, including the pur-
chase of coastal and island land; and 
(xi) to incorporate consideration of cli-
mate change and ocean acidification, and 
to integrate adaptation strategies and ac-
tivities for fish and wildlife, fish and wild-
life habitat, plants, and associated ecologi-
cal processes, in the planning and manage-
ment of Federal land and water adminis-
tered by the Federal agencies that receive 
funding under this section. 
(D) SCIENCE ADVISORY BOARD.— 
(i) ESTABLISHMENT.—Not later than 
180 days after the date of enactment of 
this Act, the Secretary shall establish and 
appoint the members of a Science Advisory 
Board, to be comprised of not fewer than 
10 and not more than 20 members— 
(I) at least 3⁄4 of whom are rec-
ommended by the President of the 
National Academy of Sciences; 
(II) who have expertise in fish, 
wildlife, plant, aquatic, and coastal 
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306 
and marine biology, ecology, climate 
change, ocean acidification, and other 
relevant scientific disciplines; and 
(III) who represent a balanced 
membership among Federal, State, 
and local representatives, universities, 
and conservation organizations. 
(ii) DUTIES.—The Science Advisory 
Board shall— 
(I) advise the President and rel-
evant Federal agencies and depart-
ments on— 
(aa) 
the 
best 
available 
science regarding the impacts of 
climate change and ocean acidifi-
cation on fish and wildlife, habi-
tat, plants, and associated eco-
logical processes; and 
(bb) scientific strategies and 
mechanisms for adaptation; and 
(II) identify and recommend pri-
orities for ongoing research needs on 
those issues. 
(iii) COLLABORATION.—The Science 
Advisory Board shall collaborate with other 
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307 
climate change and ecosystem research en-
tities in other Federal agencies and depart-
ments. 
(iv) AVAILABILITY TO PUBLIC.—The 
advice and recommendations of the Science 
Advisory Board shall be made available to 
the public. 
(v) NONAPPLICABILITY
OF
FACA.— 
The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Science 
Advisory Board. 
(E) COORDINATION WITH OTHER PLANS.— 
In developing and revising the national adapta-
tion strategy, the President shall, to the max-
imum extent practicable— 
(i) take into consideration research 
and information contained in— 
(I) National Climate Change Vul-
nerability 
Assessments 
developed 
under section 366 of this Act; 
(II) State comprehensive wildlife 
conservation plans; 
(III) the North American water-
fowl management plan; 
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(IV) the national fish habitat ac-
tion plan; 
(V) coastal zone management 
plans; 
(VI) the reports of the Pew 
Oceans Commission and the United 
States Commission on Ocean Policy; 
and 
(VII) other relevant plans; and 
(ii) coordinate and integrate the goals 
and measures identified in the national 
strategy with the goals and measures iden-
tified in those plans. 
(F) REVISIONS.—Not later than 4 years 
after the date on which the national adaptation 
strategy is developed, and not less frequently 
than every 4 years thereafter, the President 
shall review and update the strategy using the 
procedures described in this paragraph. 
(j) STATE COMPREHENSIVE ADAPTATION STRATE-
GIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), funds made available to States under this 
subtitle shall be used only for activities that are con-
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309 
sistent with a State strategy that has been approved 
by— 
(A) the Secretary of the Interior; and 
(B) for any State with a coastal zone (as 
that term is used in the Coastal Zone Manage-
ment Act of 1972 (16 U.S.C. 1451 et seq.)), 
the Secretary of Commerce, with respect to por-
tions of the strategy relating to activities affect-
ing the coastal zone. 
(2) INITIAL PERIOD.— 
(A) IN GENERAL.—Until the earlier of the 
date that is 3 years after the date of enactment 
of this Act or the date on which a State re-
ceives approval for a State strategy from the 
Secretary of the Interior and the Secretary of 
Commerce in accordance with paragraph (1), a 
State shall be eligible to receive funding under 
subsection (b)(1) for adaptation activities that 
are— 
(i) consistent with the Comprehensive 
Wildlife Conservation Strategy of the State 
as approved by the Director of the United 
States Fish and Wildlife Service and, 
where appropriate, other fish, wildlife and 
conservation strategies; and 
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(ii) in accordance with a workplan de-
veloped by the State in coordination with— 
(I) the Secretary of the Interior; 
and 
(II) for any State with a coastal 
zone (as that term is used in the 
Coastal Zone Management Act of 
1972 (16 U.S.C. 1451 et seq.)), the 
Secretary of Commerce with respect 
to portions of the strategy relating to 
activities affecting the coastal zone. 
(B) PENDING APPROVAL.—During the pe-
riod for which approval by the applicable Sec-
retary of a State strategy described in para-
graph (3) is pending, the State may continue 
receiving funds under subsection (b)(1) pursu-
ant to the workplan described subparagraph 
(A)(ii). 
(3) REQUIREMENTS.—To be eligible for ap-
proval by the Secretary of the Interior and the Sec-
retary of Commerce under this section, a State 
strategy must— 
(A) describe the impacts of climate change 
and ocean acidification on the diversity and 
health of the fish, wildlife and plant popu-
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lations, habitats, and associated ecological proc-
esses; 
(B) describe and prioritize proposed con-
servation actions to assist fish, wildlife, and 
plant populations in adapting to those impacts; 
(C) establish programs for monitoring the 
impacts of climate change on fish, wildlife, and 
plant populations, habitats, and associated eco-
logical processes; 
(D) include strategies, specific conservation 
actions, and a timeframe for implementing con-
servation actions for fish, wildlife, and plant 
populations, habitats, and associated ecological 
processes; 
(E) establish methods for assessing the ef-
fectiveness of conservation actions taken to as-
sist fish, wildlife, and plant populations, habi-
tats, and associated ecological processes in 
adapting to those impacts and for updating 
those actions to respond appropriately to new 
information or changing conditions; 
(F) be developed— 
(i) with the participation of the State 
fish and wildlife agency, the State agency 
responsible for administration of Land and 
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Water Conservation Fund grants, the 
State Forest Legacy program coordinator, 
and the State coastal agency; and 
(ii) in coordination with the Secretary 
of the Interior and, where applicable, the 
Secretary of Commerce; 
(G) provide for solicitation and consider-
ation of public and independent scientific input; 
(H) take into consideration research and 
information contained in, and coordinate with 
and integrate the goals and measures identified 
in, as appropriate, other fish, wildlife, and habi-
tat conservation strategies, including— 
(i) the national fish habitat action 
plan; 
(ii) plans under the North American 
Wetlands Conservation Act (16 U.S.C. 
4401 et seq.); 
(iii) the Federal, State, and local part-
nership known as ‘‘Partners in Flight’’; 
(iv) federally approved coastal zone 
management plans under the Coastal Zone 
Management Act of 1972 (16 U.S.C. 1451 
et seq.); 
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(v) regional fishery management plans 
and habitat conservation activities under 
the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 
et seq.); 
(vi) the National Action Plan to Con-
serve Coral Reefs developed by the United 
States Coral Reef Task Force; 
(vii) recovery plans for threatened 
species and endangered species under sec-
tion 4(f) of the Endangered Species Act of 
1973 (16 U.S.C. 1533(f)); 
(viii) habitat conservation plans under 
section 10 of that Act (16 U.S.C. 1539); 
(ix) other Federal and State plans for 
imperiled species; 
(x) the United States shorebird con-
servation plan; 
(xi) the North American waterbird 
conservation plan; and 
(xii) other State-based strategies that 
comprehensively implement adaptation ac-
tivities to remediate the effects of climate 
change and ocean acidification on fish, 
wildlife, and habitats; and 
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(I) be incorporated into a revision of the 
Comprehensive Wildlife Conservation Strategy 
of a State— 
(i) that has been submitted to the 
United States Fish and Wildlife Service; 
and 
(ii)(I) that has been approved by the 
Service; or 
(II) on which a decision on approval is 
pending. 
(4) UPDATING.—Each State strategy approved 
by the Secretary of the Interior and the Secretary 
of Commerce must be updated at least every 5 
years. 
Subtitle H—Climate Change Edu-
cation and Centers for Excel-
lence 
SEC. 381. PURPOSES. 
The purposes of this subtitle are— 
(1) to promote citizen awareness of climate 
change, including the causes and impacts of climate 
change and greenhouse gas reduction strategies, by 
supporting the development and implementation of 
informal and formal public education initiatives in 
this area; and 
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(2) to establish national centers for excellence 
to encourage collaborative research, information- 
sharing, and public education and outreach in a va-
riety of issue areas relating to climate change. 
SEC. 382. FUNDING. 
For purposes of this subtitle, the term ‘‘Climate 
Change Education and Outreach Fund’’ means the Cli-
mate Change Education and Outreach Fund established 
under section 722 of the Clean Air Act (as added by sec-
tion 101 of this Act). Funds deposited in the Climate 
Change Education and Outreach Fund shall be available, 
without further appropriation or fiscal year limitation, to 
carry out this subtitle. 
SEC. 383. NATIONAL SCIENCE FOUNDATION CLIMATE 
CHANGE EDUCATION PROGRAMS. 
(a) ALLOCATION.—In each of fiscal years 2010 
through 2050, the Director of the National Science Foun-
dation shall use 30 percent of the funds deposited in the 
Climate Change Education and Outreach Fund to carry 
out this section. Funding provided under this section shall 
be in addition to any funding that is otherwise authorized 
or appropriated. 
(b) PROGRAM.— 
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(1) ESTABLISHMENT.—The Director of the Na-
tional Science Foundation shall establish a Climate 
Change Education Program to— 
(A) broaden public understanding of cli-
mate change, possible long-term and short-term 
consequences, and potential solutions; 
(B) apply the latest scientific and techno-
logical discoveries to provide formal and infor-
mal learning opportunities to people of all ages, 
including those of diverse cultural and linguistic 
backgrounds; and 
(C) emphasize actionable information to 
help people understand and to promote imple-
mentation of new technologies, programs, and 
incentives related to energy conservation, re-
newable energy, and greenhouse gas reduction. 
(2) 
PROGRAM
ELEMENTS.—The 
Climate 
Change Education Program shall include— 
(A) a national information campaign to 
disseminate information on and promote imple-
mentation of the new technologies, programs, 
and incentives described in paragraph (1)(C); 
and 
(B) a competitive grant program to provide 
grants to State and local governments, edu-
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cational institutions, and other organizations 
to— 
(i) create informal education mate-
rials, exhibits, and multimedia presen-
tations relevant to climate change and cli-
mate science; 
(ii) develop climate science kinder-
garten through grade 12 curriculum and 
supplementary educational materials; or 
(iii) publish climate change and cli-
mate science information in print, elec-
tronic, and audio-visual forms. 
SEC. 384. ENVIRONMENTAL PROTECTION AGENCY CLIMATE 
CHANGE EDUCATION PROGRAM. 
In each of fiscal years 2010 through 2050, the Ad-
ministrator shall use 10 percent of the funds deposited 
in the Climate Change Education and Outreach Fund to 
develop educational materials related to climate change, 
climate science, and greenhouse gas reduction strategies 
for use by educators, kindergarten through grade 12 stu-
dents, businesses, communities, and the general public. 
SEC. 385. CLIMATE CHANGE CENTERS FOR EXCELLENCE. 
(a) IN GENERAL.—In each of fiscal years 2010 
through 2050, the President, through such Federal agency 
or agencies as the President may designate, shall use 60 
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percent of the funds deposited during the fiscal year in 
the Climate Change Education and Outreach Fund to pro-
vide cost-sharing grants to support the establishment and 
maintenance of centers for excellence in accordance with 
this section. 
(b) TYPES OF CENTERS.—Grants shall be provided 
to eligible entities to establish and maintain one or more 
centers for excellence focusing on each of the following 
areas: 
(1) Climate change science, including scientific 
assessment of the effectiveness of public policies re-
lated to climate change. 
(2) Renewable energy technologies and policies. 
(3) Energy efficiency technologies and policies. 
(4) Policies to reduce vehicle miles traveled. 
(5) Greenhouse gas management in the agri-
culture and forestry sectors. 
(6) Adaptation to adverse impacts of climate 
change, including impacts on public health, public 
infrastructure, agriculture, and conservation of nat-
ural resources. 
(c) FUNCTIONS.—Each center for excellence receiving 
assistance under this section shall, with respect to such 
center’s designated focus— 
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(1) serve as a national clearinghouse for infor-
mation and best-practices; 
(2) develop and implement public education and 
outreach initiatives, including training and technical 
assistance where appropriate; and 
(3) provide a forum for communication and col-
laboration among governmental and nongovern-
mental stakeholders and researchers. 
(d) ELIGIBLE ENTITIES.—Entities eligible to receive 
grants to establish centers for excellence under this section 
shall be limited to— 
(1) colleges and universities located in the 
United States; and 
(2) not-for-profit nongovernmental organiza-
tions headquartered in the United States. 
(e) REGULATIONS; SELECTION
CRITERIA.—The 
agency or agencies to which the President delegates au-
thority to provide grants under this section shall, not later 
than January 1, 2010, promulgate regulations providing 
for the implementation of this section. Such regulations 
shall include objective criteria for the competitive selection 
of grant recipients under this section. 
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TITLE IV—ENCOURAGING 
GLOBAL ACTION 
Subtitle A—International Forest 
Protection Fund 
SEC. 401. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) land-use change and forest sector emissions 
account for approximately 20 percent of global 
greenhouse gas emissions; 
(2) land conversion and deforestation are 2 of 
the largest sources of greenhouse gas emissions in 
the developing world, amounting to roughly 40 per-
cent of the total greenhouse gas emissions of the de-
veloping world; 
(3) with sufficient data, deforestation rates and 
forest carbon stocks can be measured with an ac-
ceptable level of uncertainty; and 
(4) land conversion and deforestation in the de-
veloping world have significant adverse environ-
mental and social impacts not related to climate, in-
cluding loss of ecosystem services, biodiversity, and 
forest-related livelihoods. 
(b) PURPOSES.—The purposes of this subtitle are— 
(1) to provide financial incentives to developing 
countries to encourage— 
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(A) reductions in deforestation and forest 
degradation; and 
(B) increases in sequestration of carbon 
through afforestation, restoration of forests and 
degraded land that had not been forested prior 
to restoration, and improved forest manage-
ment; and 
(2) to provide such incentives in a manner that 
will— 
(A) achieve substantial and cost-effective 
reductions in global greenhouse gas emissions; 
(B) encourage participation by developing 
countries in greenhouse gas limitation regimes; 
and 
(C) secure nonclimate environmental and 
social benefits, including conservation of forest 
ecosystems and biodiversity and protection of 
the livelihoods and cultural resources of indige-
nous and other forest-dependent people in de-
veloping countries. 
SEC. 402. DEFINITIONS. 
In this subtitle: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
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(A) the Committees on Energy and Com-
merce and Foreign Affairs of the House of Rep-
resentatives; and 
(B) the Committees on Environment and 
Public Works, Energy and Natural Resources, 
and Foreign Relations of the Senate. 
(2) FOREST
CARBON
ACTIVITIES.—The term 
‘‘forest carbon activities’’ means activities in devel-
oping countries that are directed at— 
(A) reducing greenhouse gas emissions 
from deforestation and forest degradation; and 
(B) increasing sequestration of carbon 
through afforestation, restoration of forests and 
degraded land that had not been forested prior 
to restoration, and improved forest manage-
ment. 
SEC. 403. FUNDING. 
(a) IN GENERAL.—The Administrator, in consulta-
tion with the Secretary of State, is authorized to provide 
assistance from the International Forest Protection Fund, 
established under section 722 of the Clean Air Act (as 
added by section 101 of this Act), in accordance with this 
subtitle. Amounts deposited in the International Forest 
Protection Fund shall be available for expenditure, with-
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out further appropriation or fiscal year limitation, to carry 
out this subtitle. 
(b) DISTRIBUTION OF ASSISTANCE.— 
(1) IN GENERAL.—The Administrator shall dis-
tribute assistance from the International Forest Pro-
tection Fund— 
(A) directly; 
(B) through agreements with the Inter-
national Bank for Reconstruction and Develop-
ment (commonly known as the World Bank) or 
another international development institution; 
(C) through an international fund created 
pursuant to the United Nations Framework 
Convention on Climate Change, done at New 
York on May 9, 1992, or an agreement nego-
tiated under such convention; or 
(D) through some combination of the 
mechanisms identified in subparagraphs (A) 
through (C). 
(2) DISTRIBUTION
THROUGH
INTERNATIONAL 
INSTITUTION OR FUND.—If assistance is distributed 
through an international institution or fund, as au-
thorized in paragraph (1), the Administrator shall 
ensure the establishment and implementation of ade-
quate mechanisms to apply and enforce the eligi-
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bility requirements in section 404 and other require-
ments of this subtitle. 
SEC. 404. ELIGIBILITY REQUIREMENTS AND STANDARDS 
FOR FOREST CARBON ACTIVITIES. 
Not later than January 1, 2010, the Administrator, 
in consultation with the Secretary of State and the Sec-
retary of Agriculture, shall promulgate eligibility require-
ments and accounting, measurement, monitoring, and 
verification standards for forest carbon activities, includ-
ing requirements— 
(1) for the establishment and periodic updating 
of national-level greenhouse gas emissions and bio-
logical sequestration reference scenarios for the for-
est sector; 
(2) ensuring that forest carbon activities 
achieve reductions in greenhouse gas emissions or 
increases in sequestration of carbon that are real, 
permanent, additional, verifiable, and enforceable; 
(3) ensuring reliable measurement, monitoring, 
and verification of emission reductions or increases 
in biological sequestration; 
(4) ensuring appropriate accounting for any 
significant increases in greenhouse gas emissions or 
decreases in biological sequestration directly or indi-
rectly caused by forest carbon activities; 
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(5) providing for discounting of emission reduc-
tions or increases in biological sequestration based 
on uncertainty; 
(6) that forest carbon activities be carried out 
and managed— 
(A) in accordance with widely accepted en-
vironmentally sustainable forestry practices; 
and 
(B) with appropriate regard for the rights 
and interests of indigenous peoples and commu-
nities that reside in, or depend on, forests; and 
(7) that forest carbon activities be designed— 
(A) to promote native species and restora-
tion of native forests, where practicable; and 
(B) to avoid the introduction of invasive 
nonnative species. 
SEC. 405. ASSISTANCE FOR FOREST CARBON ACTIVITIES. 
(a) ELIGIBLE COUNTRIES.—The Administrator, in 
consultation with the Secretary of State, shall identify and 
periodically update a list of developing countries that 
have— 
(1) demonstrated capacity to participate in for-
est carbon activities, including— 
(A) sufficient historical data on changes in 
national forest carbon stocks; 
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(B) technical capacity to monitor and 
measure forest carbon fluxes with an acceptable 
level of uncertainty; and 
(C) institutional capacity to reduce emis-
sions from deforestation and degradation; 
(2) established a national greenhouse gas emis-
sion reference scenario based on historical data; and 
(3) commenced a greenhouse gas emission re-
duction program for the forest sector. 
(b) REQUIREMENTS FOR ASSISTANCE.—Countries on 
the list established under subsection (a) shall be eligible 
for assistance under this section for the achievement, 
through forest carbon activities implemented in accord-
ance with the requirements established under section 404, 
of— 
(1) national-level net reductions in greenhouse 
gas emissions from reduced deforestation and forest 
degradation, as demonstrated using remote sensing 
technology that meets international standards; and 
(2) national-level net increases in sequestration 
of carbon through afforestation, restoration of for-
ests and degraded land that had not been forested 
prior to restoration, and improved forest manage-
ment. 
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(c) VERIFICATION OF ACHIEVEMENTS.—The Admin-
istrator, in consultation with the Secretary of State, shall 
periodically review relevant data and make determinations 
regarding achievements under subsection (b). 
(d) LEVEL
OF ASSISTANCE.—The Administrator 
shall establish a formula governing the distribution of as-
sistance under this section, which shall be designed to— 
(1) maximize the reductions in greenhouse gas 
emissions or increases in biological sequestration per 
dollar of assistance provided; and 
(2) take into account past actions in each eligi-
ble country to reduce greenhouse gas emissions or 
increase biological sequestration, so as not to penal-
ize countries that have taken early action. 
SEC. 406. CAPACITY-BUILDING GRANTS. 
(a) IN GENERAL.—For fiscal years 2010 through 
2020, the Administrator may use up to 40 percent of 
funds deposited in the International Forest Protection 
Fund to provide cost-sharing grants to build the capacity 
of developing countries not included in the list established 
under section 405(a) to carry out forest carbon activities 
otherwise eligible for assistance under section 405. 
(b) NATURE OF ASSISTANCE.—Cost-sharing grants 
provided under this section may be used to assist recipient 
countries to— 
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(1) develop and demonstrate capacity to carry 
out eligible forest carbon activities, including 
through— 
(A) development of sufficient historical 
data on changes in national forest carbon 
stocks; 
(B) development of technical capacity to 
measure and monitor forest carbon fluxes with 
an acceptable level of uncertainty; and 
(C) development of institutional capacity to 
reduce emissions from deforestation and forest 
degradation; 
(2) establish a national greenhouse gas emission 
reference scenario based on historical data; and 
(3) commence an emission reduction program 
for the forest sector. 
SEC. 407. ANNUAL REPORTS. 
Not later than March 1, 2012, and annually there-
after, the President shall submit to the appropriate con-
gressional committees a report on the assistance provided 
under this subtitle during the prior fiscal year. The report 
shall include— 
(1) a description of the amount of obligations 
and expenditures for assistance provided to each eli-
gible country during the prior fiscal year; 
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(2) a description of the forest carbon activities 
and capacity-building activities funded through as-
sistance provided under this subtitle, including the 
amount of obligations and expenditures for assist-
ance provided to such activities, during the prior fis-
cal year; and 
(3) an estimate of the greenhouse gas emission 
reductions or biological sequestration achieved by as-
sistance provided under this subtitle during the prior 
fiscal year. 
Subtitle B—International Clean 
Technology Fund 
SEC. 411. PURPOSES. 
The purposes of this subtitle are— 
(1) to provide United States assistance to en-
courage widespread deployment, in developing coun-
tries, of technologies that reduce greenhouse gas 
emissions; and 
(2) to provide such assistance in a manner that 
encourages such countries to adopt policies and 
measures that substantially reduce emissions of 
greenhouse gases. 
SEC. 412. DEFINITIONS. 
In this subtitle: 
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committees on Energy and Com-
merce and Foreign Affairs of the House of Rep-
resentatives; and 
(B) the Committees on Environment and 
Public Works, Energy and Natural Resources, 
and Foreign Relations of the Senate. 
(2) COMPARABLE
ACTION.—The term ‘‘com-
parable action’’ has the meaning given such term in 
section 761(1) of the Clean Air Act (as added by 
section 101 of this Act). 
(3) ELIGIBLE
COUNTRY.—The term ‘‘eligible 
country’’ means a foreign country that is determined 
by the President, under section 414, to be eligible to 
receive assistance from the International Clean 
Technology Fund. 
(4) INTERAGENCY
GROUP.—The term ‘‘inter-
agency group’’ means the group established by the 
President under section 413(a) to administer the 
International Clean Technology Fund. 
(5) 
INTERNATIONAL
CLEAN
TECHNOLOGY 
FUND.—The term ‘‘International Clean Technology 
Fund’’ means the International Clean Technology 
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Fund established under section 722 of the Clean Air 
Act (as added by section 101 of this Act). 
SEC. 413. INTERAGENCY GROUP. 
(a) INTERAGENCY GROUP.—The President shall es-
tablish an interagency group to administer the Inter-
national Clean Technology Fund. The interagency group 
shall include— 
(1) the Secretary of State; 
(2) the Administrator; 
(3) the Secretary of Energy; 
(4) the Secretary of the Treasury; and 
(5) any other head of a Federal department or 
agency the President determines to be appropriate. 
(b) CHAIRPERSON.—The Secretary of State shall 
serve as the chairperson of the interagency group. 
SEC. 414. DETERMINATION OF ELIGIBLE COUNTRIES. 
(a) PUBLICATION AND REVISION OF LIST.—Not later 
than January 1, 2011, and annually thereafter through 
2050, the President shall determine and publish in the 
Federal Register a list of countries eligible for assistance 
under this subtitle. 
(b) CRITERIA FOR ELIGIBILITY.—The criteria for 
designation as an eligible country shall include the fol-
lowing: 
(1) The country is a developing country. 
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(2) The country is responsible for at least 1 
percent of annual global greenhouse gas emissions, 
excluding emissions from land-use, land-use change, 
and forestry. 
(3) The President has determined, pursuant to 
section 764(b) of the Clean Air Act (as added by 
section 101 of this Act), that the country has taken 
comparable action. 
(4) Such other criteria as the President deter-
mines will serve the purposes of this Act or other 
United States foreign policy and national security 
objectives. 
SEC. 415. FUNDING. 
(a) IN GENERAL.—The Secretary of State is author-
ized to provide assistance from the International Clean 
Technology Fund for projects (which may include sector- 
based policies and measures) in eligible countries that are 
approved by the interagency group under this section. 
Amounts in the International Clean Technology Fund 
shall be available for expenditure, without further appro-
priation or fiscal year limitation to carry out this subtitle. 
(b) FORMS OF ASSISTANCE.—Assistance under this 
subtitle may be provided in the form of grants, loans, or 
a combination thereof. 
(c) DISTRIBUTION OF ASSISTANCE.— 
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(1) IN GENERAL.—The Secretary of State, in 
coordination with the interagency group, shall dis-
tribute assistance from the International Clean 
Technology Fund— 
(A) directly; 
(B) through agreements with the Inter-
national Bank for Reconstruction and Develop-
ment (commonly known as the World Bank) or 
another international development institution; 
(C) through an international fund created 
pursuant to the United Nations Framework 
Convention on Climate Change, done at New 
York on May 9, 1992, or an agreement nego-
tiated under such convention; or 
(D) through some combination of the 
mechanisms identified in subparagraphs (A) 
through (C). 
(2) DISTRIBUTION
THROUGH
INTERNATIONAL 
INSTITUTION OR FUND.—If assistance is distributed 
through an international institution or fund, as au-
thorized in paragraph (1), the Secretary of State 
and the interagency group shall ensure the establish-
ment and implementation of adequate mechanisms 
to apply and enforce the project selection criteria 
and other requirements of this subtitle. 
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(d) PROCEDURES FOR REVIEW OF PROPOSALS.—The 
Secretary of State, in conjunction with the interagency 
group, shall develop procedures for requesting, reviewing, 
and approving project proposals from eligible countries. 
(e) ELIGIBLE PROJECT CATEGORIES.—Assistance 
under this subtitle shall be limited to projects in the fol-
lowing categories: 
(1) Capture and geological sequestration of car-
bon dioxide emissions from electric generating units 
or large industrial sources. 
(2) Renewable electricity generation from wind, 
solar, biomass, geothermal, marine, or hydrokinetic 
sources. 
(3) Production of renewable fuels that have 
lifecycle greenhouse gas emissions that are substan-
tially lower than those attributable to fossil fuel- 
based alternatives. 
(4) Increased efficiency in transmission, dis-
tribution, or consumption of electricity. 
(f) CRITERIA FOR PROJECT SELECTION.—Not later 
than January 1, 2011, the interagency group shall develop 
a set of criteria to be used in determining whether to pro-
vide assistance to proposals for projects in eligible coun-
tries. These criteria shall provide that— 
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(1) the project falls within an eligible project 
category identified in subsection (e); 
(2) the project will result in measurable and 
substantial reductions in greenhouse gas emissions 
relative to business-as-usual emissions; 
(3) the project will not result in significant in-
creases in greenhouse gas emissions outside the 
boundaries of the project relative to business-as- 
usual emissions; 
(4) the project will not have significant adverse 
effects on human health, safety, or welfare, the envi-
ronment, or natural resources within or outside the 
boundaries of the project; 
(5) the project owner or operator must dem-
onstrate capacity to implement and maintain any 
technologies purchased or installed with assistance 
from the Fund; 
(6) the project is not likely to cause a signifi-
cant loss of United States jobs or a significant dis-
placement of United States production; and 
(7) the project meets such other requirements 
as the interagency group determines appropriate to 
further the purposes of this subtitle. 
(g) SELECTION OF ELIGIBLE PROJECTS.—In deter-
mining which eligible projects will receive assistance under 
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this subtitle, the interagency group shall apply the criteria 
established under this section and shall seek to maximize 
greenhouse gas emission reductions achieved per dollar of 
assistance provided. Preference shall be given to projects 
that are co-financed by international development banks, 
private-sector institutions, or host-country governments. 
(h) MONITORING, EVALUATION, AND
ENFORCE-
MENT.—The Secretary of State, in coordination with the 
interagency group, shall establish and implement a system 
to monitor and evaluate the performance of projects re-
ceiving assistance under this subtitle. The Secretary of 
State shall have the authority to suspend or terminate as-
sistance in whole or in part for a project if it is determined 
that the project is not operating in compliance with the 
approved proposal. 
SEC. 416. ANNUAL REPORTS. 
Not later than March 1, 2012, and annually there-
after, the President shall submit to the appropriate con-
gressional committees a report on the assistance provided 
under this subtitle during the prior fiscal year. The report 
shall include— 
(1) a description of the amount of obligations 
and expenditures for assistance provided to each eli-
gible country during the prior fiscal year; 
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(2) a description of each project that received 
assistance, including the amount of obligations and 
expenditures for assistance provided to such project, 
during the prior fiscal year; and 
(3) an estimate of the greenhouse gas emission 
reductions achieved by assistance provided under 
this subtitle during the prior fiscal year. 
Subtitle C—International Climate 
Change Adaptation Program 
SEC. 421. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds that— 
(1) global climate change is a potentially sig-
nificant threat multiplier for instability around the 
world and is likely to exacerbate competition and 
conflict over agricultural, vegetative, marine, and 
water resources and displace people, thus increasing 
hunger and poverty and causing increased pressure 
on developing countries; 
(2) the strategic, social, political, economic, cul-
tural, and environmental consequences of global cli-
mate change are likely to have disproportionate im-
pacts on developing countries, which have less eco-
nomic and financial capacity to respond; 
(3) the countries most vulnerable to climate 
change, due both to exposure to harmful impacts 
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and to their lower capacity to adapt, are developing 
countries with very low industrial emissions that 
have contributed less to climate change than more 
affluent countries; 
(4) developing countries rely to a much greater 
degree on the natural and environmental systems 
likely to be affected by climate change for suste-
nance and livelihoods, as well as economic growth 
and stability; 
(5) the consequences of global climate change, 
including increases in poverty and destabilization of 
economies and societies, are likely to pose a long- 
term threat to the national security, foreign policy, 
and economic interests of the United States; and 
(6) it is in the national security, foreign policy, 
and economic interests of the United States to rec-
ognize, plan for, and mitigate the international stra-
tegic, social, political, cultural, environmental and 
economic effects of a changing climate and to assist 
developing countries to increase their resilience to 
those effects. 
(b) PURPOSES.—The purposes of this subtitle are— 
(1) to provide United States assistance to the 
most vulnerable developing countries in order to sup-
port the development and implementation of climate 
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change adaptation programs and projects that re-
duce the vulnerability and increase the resilience of 
communities to climate change impacts; and 
(2) to provide such assistance in a manner that 
promotes and protects the national security, foreign 
policy, and economic interests of the United States 
where such interests can be advanced by minimizing, 
averting, or increasing resilience to climate change 
impacts. 
SEC. 422. DEFINITIONS. 
In this subtitle: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Energy and Com-
merce, the Committee on Foreign Affairs, and 
any other relevant committees on national secu-
rity, the environment, and foreign policy of the 
House of Representatives; and 
(B) the Committees on Environment and 
Public Works, Foreign Relations, and any other 
relevant committees on national security, the 
environment, and foreign policy of the Senate. 
(2) MOST
VULNERABLE
DEVELOPING
COUN-
TRIES.—The term ‘‘most vulnerable developing 
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340 
countries’’ means, as determined by the Adminis-
trator of USAID, developing countries that are most 
vulnerable to climate change impacts, including 
countries identified by the United Nations as least 
developed countries and low-lying and other small is-
land developing countries, and other developing 
countries that are at risk of substantial adverse im-
pacts of climate change and have limited capacity to 
respond to such impacts. 
(3) PROGRAM.—The term ‘‘Program’’ means 
the International Climate Change Adaptation Pro-
gram established under section 423. 
(4) USAID.—The term ‘‘USAID’’ means the 
United States Agency for International Develop-
ment. 
SEC. 423. ESTABLISHMENT. 
The Secretary of State, working with the Adminis-
trator of USAID and the Administrator, shall establish 
an International Climate Change Adaptation Program 
within USAID. 
SEC. 424. FUNCTIONS OF PROGRAM. 
(a) ACTIVITIES AND FOREIGN AID.— 
(1) IN GENERAL.—In order to achieve the pur-
poses set forth in section 421, the Program may 
carry out activities and projects and make grants to 
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341 
any private or public group (including public inter-
national organizations), association, or other entity 
engaged in peaceful activities, to— 
(A) provide assistance to the most vulner-
able developing countries for the development of 
national or regional climate change adaptation 
plans, associated national policies, and in the 
planning, financing, and execution of adapta-
tion projects; 
(B) support investments, capacity-building 
activities and other assistance, to reduce vulner-
ability and promote community-level resilience 
related to climate change and its impacts in the 
most vulnerable developing countries, including 
impacts on water availability, agricultural pro-
ductivity, flood risk, coastal resources, timing of 
seasons, 
biodiversity, 
economic 
livelihoods, 
human migration, or other social, economic, po-
litical, cultural, or environmental matters; 
(C) support climate change adaptation re-
search in or for the most vulnerable developing 
countries; 
(D) encourage the protection and rehabili-
tation of natural systems, the enhancement and 
diversification of agricultural, fishery, and other 
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342 
livelihoods, and the reduction of disaster risk, in 
order to reduce vulnerability and provide in-
creased resilience to climate change for local 
communities and livelihoods in the most vulner-
able developing countries; 
(E) support the deployment of technologies 
that would help the most vulnerable developing 
countries respond to destabilizing impacts of 
climate change and encourage the identification 
and adoption of appropriate renewable and effi-
cient energy technologies that are beneficial in 
increasing community-level resilience to the im-
pacts of global climate change in those coun-
tries; and 
(F) encourage the engagement of local 
communities through full disclosure of informa-
tion, consultation, and with communities’ in-
formed participation relating to the develop-
ment of plans, programs and projects to in-
crease community-level resilience to climate 
change impacts. 
(2) LIMITATION.—Not more than 10 percent of 
amounts made available to carry out this subtitle 
shall be spent in any single country in any year. 
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(3) PRIORITIZING
ASSISTANCE.—In providing 
assistance under this subtitle, the Administrator of 
USAID shall give priority to countries that are most 
vulnerable to the adverse impacts of climate change, 
determined as a function of the likelihood and sever-
ity of such impacts and the country’s capacity to 
adapt to such impacts. 
(b) COMMUNITY ENGAGEMENT.—(1) The Adminis-
trator of USAID shall ensure that local communities in 
areas where any projects or activities are planned under 
the Program are engaged through full disclosure of infor-
mation and public participation, and that any projects or 
activities are undertaken with the communities’ informed 
consent. 
(2) For each country receiving assistance under the 
Program, the Administrator of USAID shall establish a 
process for consultation with and disclosure of information 
to local, national and international stakeholders regarding 
any projects and activities planned under the Program. 
(3) The Administrator of USAID shall, to the extent 
practicable, ensure that projects or activities under the 
Program are aligned with broader development, poverty 
alleviation, or natural resource management objectives and 
initiatives in the recipient country. 
(c) REPORTING.— 
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(1) INITIAL REPORT.—Not later than 180 days 
after the date of enactment of this Act, the Program 
shall submit to the President and appropriate con-
gressional committees an initial report that— 
(A) based on the most recent information 
available from reliable public sources, identifies 
the developing countries that are most vulner-
able to climate change impacts and in which as-
sistance can have the greatest and most sus-
tainable benefit to reducing vulnerability to cli-
mate change; and 
(B) describes the process and methodology 
for selecting the recipients of assistance or 
grants under subsection (a)(1). 
(2) ANNUAL
REPORTS.—Not later than 12 
months after the date on which the initial report is 
submitted, and annually thereafter, the Program 
shall submit reports to the President and appro-
priate congressional committees that— 
(A) describe the extent to which global cli-
mate change, through its potential negative im-
pacts on sensitive populations and natural re-
sources in the most vulnerable developed coun-
tries, may threaten, cause, or exacerbate polit-
ical, economic, environmental, cultural or social 
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345 
instability or international conflict in those re-
gions; 
(B) describe the ramifications of any po-
tentially destabilizing impacts climate change 
may have on the national security, foreign pol-
icy, and economic interests of the United 
States, including— 
(i) the creation of refugees and inter-
nally displaced peoples; 
(ii) international or internal armed 
conflicts over water, food, land, or other 
resources; 
(iii) loss of agricultural and other live-
lihoods, cultural stability, and other causes 
of increased poverty and economic desta-
bilization; 
(iv) decline in availability of resources 
needed for survival, including water; 
(v) increased impact of natural disas-
ters, including severe weather events, 
droughts and flooding; 
(vi) increased prevalence or virulence 
of climate-related diseases; and 
(vii) intensified urban migration; 
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(C) describe how funds made available 
under section 425 were spent to enhance the 
national security, foreign policy, and economic 
interests of the United States and assist in 
avoiding the economically, politically, environ-
mentally, culturally, and socially destabilizing 
impacts of climate change in most vulnerable 
developing countries; 
(D) identify and recommend the developing 
countries that are most vulnerable to climate 
change impacts and in which assistance can 
have the greatest and most sustainable benefit 
to reducing vulnerability to climate change, in-
cluding in the form of deploying technologies, 
investments, capacity-building activities, and 
other types of assistance for adaptation to cli-
mate change impacts and approaches to reduce 
greenhouse gases in ways that can also provide 
community-level resilience to climate change im-
pacts; and 
(E) describe cooperation undertaken with 
other nations and international organizations to 
carry out this subtitle. 
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SEC. 425. FUNDING. 
(a) CARRYING OUT RECOMMENDATIONS.—All funds 
deposited into the International Climate Change Adapta-
tion Fund established under section 722 of the Clean Air 
Act (as added by section 101 of this Act) shall be made 
available, without further appropriation or fiscal year limi-
tation, to carry out the Program established under this 
subtitle. 
(b) DISTRIBUTION OF FUNDS.—The Administrator 
of USAID shall distribute to the Program the funds for 
the purposes of this subtitle. 
(c) OVERSIGHT.—The Administrator of USAID shall 
oversee the expenditures by the Program. 
(d) CONDITIONAL DISTRIBUTION TO INTERNATIONAL 
ADAPTATION FUNDS.—The Administrator of USAID is 
authorized to distribute up to 50 percent of the funds 
available to the Program to an international fund that 
meets the requirements of subsection (e), and shall annu-
ally certify in a report to Congress that any such inter-
national fund meets the requirements of subsection (e). 
The Administrator of USAID shall notify the appropriate 
congressional committees not less than 15 days prior to 
an allocation or transfer of funds pursuant to this sub-
section. 
(e) INTERNATIONAL FUND ELIGIBILITY.—An inter-
national fund is eligible for funding under the Program 
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provided that it is created pursuant to the United Nations 
Framework Convention on Climate Change, done at New 
York on May 9, 1992, or an agreement negotiated under 
the Convention and that the agreement— 
(1) specifies the terms and conditions under 
which the United States is to provide monies to the 
fund, and under which the international fund is to 
disburse monies to recipient countries; 
(2) ensures that United States assistance to the 
fund and the principal and income of the fund are 
disbursed only for purposes that are consistent with 
those described in section 421; 
(3) requires a regular meeting of a governing 
body of the international fund that includes rep-
resentation from most vulnerable developing coun-
tries and provides full public access; 
(4) requires that not more than 10 percent of 
the amounts available to the fund be spent in any 
single country in any year; and 
(5) requires the international fund to prepare 
and make public an annual report that— 
(A) identifies and recommends the devel-
oping countries that are most vulnerable to cli-
mate change impacts and in which assistance 
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can have the greatest and most sustainable ben-
efit to reducing vulnerability to climate change; 
(B) describes the process and methodology 
for selecting the recipients of assistance or 
grants from the fund; 
(C) 
describes 
specific 
programs 
and 
projects funded by the international fund and 
the extent to which the assistance is addressing 
the adaptation needs of the most vulnerable de-
veloping countries; 
(D) describes the performance goals for as-
sistance authorized under the fund and ex-
presses such goals in an objective and quantifi-
able form, to the extent practicable; 
(E) describes the performance indicators to 
be used in measuring or assessing the achieve-
ment of the performance goals described in sub-
paragraph (D); 
(F) provides a basis for recommendations 
for adjustments to assistance authorized under 
this subtitle to enhance the impact of such as-
sistance; and 
(G) describes the participation of other na-
tions and international organizations in funding 
and governing the international fund. 
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SEC. 426. MONITORING AND EVALUATION OF PROGRAM. 
(a) IN GENERAL.—The Administrator of USAID 
shall establish and implement a system to monitor and 
evaluate the effectiveness and efficiency of assistance pro-
vided under this subtitle in order to maximize the long- 
term sustainable development impact of such assistance, 
including the extent to which the assistance is meeting the 
purposes of this subtitle and addressing the adaptation 
needs of developing countries. 
(b) GOALS.—In carrying out subsection (a), the Ad-
ministrator of USAID shall— 
(1) in consultation with national governments 
in recipient countries, establish performance goals 
for assistance authorized under this subtitle and ex-
presses such goals in an objective and quantifiable 
form, to the extent practicable; 
(2) establish performance indicators to be used 
in measuring or assessing the achievement of the 
performance goals described in paragraph (1), in-
cluding an evaluation of the extent to which the Pro-
gram provides for full disclosure of information and 
consultation and informed participation by local 
communities and an evaluation of the extent to 
which local communities participated in the projects 
and programs implemented under this subtitle and 
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the impacts of local community participation on the 
goals and objectives of the projects and programs; 
(3) provide a basis for recommendations for ad-
justments to assistance authorized under this sub-
title to enhance the impact of such assistance; and 
(4) include in the report to Congress and other 
relevant agencies required under section 424(c), the 
monitoring and evaluation of programs subject to 
this section in its findings. 
TITLE 
V—LEGAL 
FRAMEWORK 
FOR 
GEOLOGICAL 
SEQUES-
TRATION OF CARBON DIOX-
IDE 
SEC. 501. NATIONAL REGULATIONS. 
(a) IN GENERAL.—Section 1421 of the Safe Drink-
ing Water Act (42 U.S.C. 300h) is amended— 
(1) in subsection (b)(1), by striking ‘‘subsection 
(d)(2)’’ and inserting ‘‘subsection (e)(2)’’; 
(2) by redesignating subsection (d) as sub-
section (e); and 
(3) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) GEOLOGICAL SEQUESTRATION OF CARBON DI-
OXIDE.— 
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‘‘(1) REGULATIONS.—Not later than 1 year 
after the date of enactment of the Investing in Cli-
mate Action and Protection Act, the Administrator 
shall promulgate regulations for State underground 
injection control programs establishing standards for 
permitting commercial-scale underground injection 
of carbon dioxide for purposes of geological seques-
tration to address climate change. 
‘‘(2) 
ENVIRONMENTAL
REQUIREMENTS.— 
Standards established under paragraph (1) shall— 
‘‘(A) satisfy the requirements set forth in 
subsection (b); and 
‘‘(B) include requirements for monitoring 
and controlling the long-term storage of carbon 
dioxide and avoiding, to the maximum extent 
that is technically feasible, any release of car-
bon dioxide into the atmosphere, and for ensur-
ing protection of underground sources of drink-
ing water, human health, and the environment. 
‘‘(3) FINANCIAL RESPONSIBILITY.— 
‘‘(A) IN GENERAL.—Standards established 
under paragraph (1) shall also include require-
ments for maintaining evidence of pre-closure 
financial responsibility for— 
‘‘(i) taking corrective action; 
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‘‘(ii) acquiring and submitting to the 
Administrator for retirement emission al-
lowances established under section 711 of 
the Clean Air Act equal to any release of 
carbon dioxide into the atmosphere from a 
geological sequestration site; and 
‘‘(iii) compensating third parties for 
bodily injury, property damage, or environ-
mental damages. 
‘‘(B) REQUIREMENTS.—The requirements 
referenced in subparagraph (A) shall include 
the following: 
‘‘(i) Financial responsibility may be 
established in accordance with regulations 
promulgated by the Administrator by any 
one, or any combination, of the following: 
insurance, guarantee, surety bond, letter of 
credit, qualification as a self-insurer or any 
other method satisfactory to the Adminis-
trator. The Administrator is authorized to 
specify policy or other contractual terms, 
conditions, or defenses which are necessary 
or are unacceptable in establishing such 
evidence of financial responsibility in order 
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to effectuate the purposes of this sub-
section. 
‘‘(ii) In any case where the owner or 
operator of the geological sequestration site 
is in bankruptcy, reorganization, or ar-
rangement pursuant to the Federal Bank-
ruptcy Code or where with reasonable dili-
gence jurisdiction in any State court of the 
Federal Courts cannot be obtained over an 
owner or operator likely to be solvent at 
the time of judgment, any claim arising 
from conduct for which evidence of finan-
cial responsibility must be provided under 
this subsection may be asserted directly 
against the guarantor providing such evi-
dence of financial responsibility. In the 
case of any action pursuant to this para-
graph such guarantor shall be entitled to 
invoke all rights and defenses which would 
have been available to the owner or oper-
ator if any action had been brought 
against the owner or operator by the 
claimant and which would have been avail-
able to the guarantor if an action had been 
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355 
brought against the guarantor by the 
owner or operator. 
‘‘(iii) The total liability of any guar-
antor shall be limited to the aggregate 
amount which the guarantor has provided 
as evidence of financial responsibility to 
the owner or operator under this section. 
Nothing in this subsection shall be con-
strued to limit any other State or Federal 
statutory, contractual, or common law li-
ability of a guarantor to its owner or oper-
ator including the liability of such guar-
antor for bad faith either in negotiating or 
in failing to negotiate the settlement of any 
claim. Nothing in this subsection shall be 
construed to diminish the liability of any 
person under any other applicable law. 
‘‘(iv) The requirements shall ensure 
that adequate resources are available to 
close the geological sequestration site in 
the event the owner or operator files for 
bankruptcy or ceases operations. 
‘‘(4) SUBSEQUENT REPORTS.—Not later than 5 
years after the date on which regulations are pro-
mulgated pursuant to paragraph (1), and not less 
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frequently than once every 5 years thereafter, the 
Administrator shall submit to Congress a report that 
contains an evaluation of the effectiveness of the 
regulations, based on current knowledge and experi-
ence, with particular emphasis on any new informa-
tion on potential impacts of commercial-scale geo-
logical sequestration on drinking water, human 
health, and the environment. 
‘‘(5) REVISION.—If the Administrator deter-
mines, based on a report under paragraph (4), that 
regulations promulgated pursuant to paragraph (1) 
require revision, the Administrator shall promulgate 
revised regulations not later than 1 year after the 
date on which the applicable report is submitted to 
Congress under paragraph (4).’’. 
(b) CONFORMING AMENDMENT.—Section 1447(a)(4) 
of the Safe Drinking Water Act (42 U.S.C. 300j–6(a)(4)) 
is amended by striking ‘‘section 1421(d)(2)’’ and inserting 
‘‘section 1421(e)(2)’’. 
SEC. 502. LIABILITIES FOR CLOSED GEOLOGICAL SEQUES-
TRATION SITES. 
(a) ESTABLISHMENT OF TASK FORCE.—As soon as 
practicable, but not later than 6 months after the date 
of enactment of this Act, the Administrator shall establish 
a task force, to be composed of an equal number of subject 
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matter experts, nongovernmental organizations with ex-
pertise in environmental policy, and members of the pri-
vate sector, to conduct a study of the statutory framework, 
environmental and safety considerations, and financial im-
plications of potential models for Federal, State, or private 
sector assumption of liabilities and financial responsibil-
ities with respect to closed geological sequestration sites. 
(b) CONSIDERATIONS.—The task force shall consider 
financial responsibility for any environmental damages, in-
cluding the submission of emission allowances to account 
for any releases of carbon dioxide into the atmosphere 
from closed geological sequestration sites. 
(c) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the task force established 
under subsection (a) shall submit to Congress a report de-
scribing the results of the study conducted under sub-
section (a), including recommendations of the task force 
with respect to the framework described in that sub-
section. 
TITLE VI—BUILDING 
EFFICIENCY STANDARDS 
SEC. 601. UPDATING STATE BUILDING ENERGY EFFICIENCY 
CODES. 
Section 304 of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6833) is amended to read as follows: 
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358 
‘‘SEC. 304. UPDATING STATE BUILDING ENERGY EFFI-
CIENCY CODES. 
‘‘(a) UPDATES.— 
‘‘(1) IN GENERAL.—The Secretary shall sup-
port updating the national model building energy 
codes and standards not later than 3 years after the 
date of enactment of the Investing in Climate Action 
and Protection Act, and not less frequently than 
every 3 years thereafter, to achieve overall energy 
savings, as compared to the IECC (2006) for resi-
dential buildings and ASHRAE Standard 90.1 
(2004) for commercial buildings, of at least— 
‘‘(A) 30 percent, with respect to each edi-
tion of a model code or standard published dur-
ing the period beginning on January 1, 2010, 
and ending on December 31, 2019; 
‘‘(B) 50 percent, with respect to each edi-
tion of a model code or standard published on 
or after January 1, 2020; and 
‘‘(C) targets for intermediate and subse-
quent years, to be established by the Secretary 
not less than 3 years before the beginning on 
each target year, in coordination with IECC 
and ASHRAE Standard 90.1 cycles, at the 
maximum level of energy efficiency that is tech-
nologically feasible and lifecycle cost-effective. 
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‘‘(2) REVISIONS TO IECC AND ASHRAE.— 
‘‘(A) IN
GENERAL.—If the IECC or 
ASHRAE Standard 90.1 regarding building en-
ergy use is revised, not later than 1 year after 
the date of the revision, the Secretary shall de-
termine whether the revision will— 
‘‘(i) improve energy efficiency in 
buildings; and 
‘‘(ii) meet the energy savings goals de-
scribed in paragraph (1). 
‘‘(B) MODIFICATIONS.— 
‘‘(i) IN
GENERAL.—If the Secretary 
makes a determination under subpara-
graph (A)(ii) that a code or standard does 
not meet the energy savings goals estab-
lished under paragraph (1) or if a national 
model code or standard is not updated for 
more than 3 years, not later than 1 year 
after the determination or the expiration of 
the 3-year period, the Secretary shall es-
tablish a modified code or standard that 
meets the energy savings goals. 
‘‘(ii) REQUIREMENTS.— 
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‘‘(I) ENERGY SAVINGS.—A modi-
fication to a code or standard under 
clause (i) shall— 
‘‘(aa) achieve the maximum 
level of energy savings that is 
technically feasible and lifecycle 
cost-effective; 
‘‘(bb) be achieved through 
an amendment or supplement to 
the most recent revision of the 
IECC or ASHRAE Standard 
90.1 and taking into consider-
ation other appropriate model 
codes and standards; and 
‘‘(cc) incorporate available 
appliances, technologies, and con-
struction practices. 
‘‘(II) 
TREATMENT
AS
BASE-
LINE.—A modification to a code or 
standard under clause (i) shall serve 
as the baseline for the next applicable 
determination of the Secretary under 
subparagraph (A)(i). 
‘‘(C) PUBLIC
PARTICIPATION.—The Sec-
retary shall— 
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361 
‘‘(i) publish in the Federal Register a 
notice relating to each goal, determination, 
and modification under this paragraph; 
and 
‘‘(ii) provide an opportunity for public 
comment regarding the goals, determina-
tions, and modifications. 
‘‘(b) STATE CERTIFICATION OF BUILDING ENERGY 
CODE UPDATES.— 
‘‘(1) GENERAL CERTIFICATION.— 
‘‘(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of the Investing in 
Climate Action and Protection Act, each State 
shall certify to the Secretary that the State has 
reviewed and updated the provisions of the resi-
dential and commercial building codes of the 
State regarding energy efficiency. 
‘‘(B) ENERGY
SAVINGS.—A certification 
under subparagraph (A) shall include a dem-
onstration that the applicable provisions of the 
State code meet or exceed, as applicable— 
‘‘(i)(I) the IECC (2006) for residen-
tial buildings; or 
‘‘(II) the ASHRAE Standard 90.1 
(2004) for commercial buildings; or 
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‘‘(ii) the quantity of energy savings 
represented by the provisions referred to in 
clause (i). 
‘‘(2) REVISION OF CODES AND STANDARDS.— 
‘‘(A) IN
GENERAL.—If the Secretary 
makes an affirmative determination under sub-
section (a)(2)(A)(i) or establishes a modified 
code or standard under subsection (a)(2)(B), 
not later than 2 years after the determination 
or proposal, each State shall certify that the 
State has reviewed and updated the provisions 
of the residential and commercial building codes 
of the State regarding energy efficiency. 
‘‘(B) ENERGY
SAVINGS.—A certification 
under subparagraph (A) shall include a dem-
onstration that the applicable provisions of the 
State code meet or exceed— 
‘‘(i) the modified code or standard; or 
‘‘(ii) the quantity of energy savings 
represented by the modified code or stand-
ard. 
‘‘(C) FAILURE
TO
DETERMINE.—If the 
Secretary fails to make a determination under 
subsection (a)(2)(A)(i) by the date specified in 
subsection (a)(2), or if the Secretary makes a 
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367 
‘‘(B) to implement and improve residential 
and commercial building energy efficiency 
codes; and 
‘‘(C) to promote building energy efficiency 
through use of the codes. 
‘‘(3) ADDITIONAL
FUNDING.—The Secretary 
shall provide additional funding under this sub-
section for implementation of a plan to demonstrate 
a rate of compliance with applicable residential and 
commercial building energy efficiency codes at a rate 
of not less than 90 percent, based on energy per-
formance— 
‘‘(A) to a State that has adopted and is 
implementing, on a statewide basis— 
‘‘(i) a residential building energy effi-
ciency code that meets or exceeds the re-
quirements of the IECC (2006) (or a suc-
cessor code that is the subject of an af-
firmative determination by the Secretary 
under subsection (a)(2)(A)(i)); and 
‘‘(ii) a commercial building energy ef-
ficiency code that meets or exceeds the re-
quirements of the ASHRAE Standard 90.1 
(2004) (or a successor standard that is the 
subject of an affirmative determination by 
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the 
Secretary 
under 
subsection 
(a)(2)(A)(i)); or 
‘‘(B) in the case of a State in which no 
statewide energy code exists for residential 
buildings or commercial buildings, or in which 
the State code fails to comply with subpara-
graph (A), to a local government that has 
adopted and is implementing residential and 
commercial building energy efficiency codes, as 
described in subparagraph (A). 
‘‘(4) TRAINING.—Of the amounts made avail-
able to carry out this subsection, the Secretary may 
use not more than $500,000 for each State to train 
State and local officials to implement State or local 
energy codes in accordance with a plan described in 
paragraph (3).’’. 
SEC. 602. CONFORMING AMENDMENT. 
Section 303 of the Energy Conservation and Produc-
tion Act (42 U.S.C. 6832) is amended by adding at the 
end the following new paragraph: 
‘‘(17) IECC.—The term ‘IECC’ means the 
International Energy Conservation Code.’’. 
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369 
TITLE VII—REVIEWS AND 
RECOMMENDATIONS 
SEC. 701. NATIONAL ACADEMY OF SCIENCES REVIEW AND 
RECOMMENDATIONS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Administrator shall 
offer to enter into a contract with the National Academy 
of Sciences under which the Academy shall, not later than 
January 1, 2012, and every 5 years thereafter, submit to 
Congress and the Administrator a report that includes— 
(1) an analysis of the latest scientific informa-
tion and data relevant to global climate change; 
(2) an analysis of the performance of this Act 
and other public policies in reducing greenhouse gas 
emissions; 
(3) an analysis of the performance of this Act 
and other public policies in reducing vulnerability to 
the impacts of climate change; and 
(4) 
recommendations 
regarding 
potential 
changes to this Act and other public policies in re-
ducing greenhouse gas emissions, preventing dan-
gerous atmospheric concentrations of greenhouse 
gases or a dangerous increase in global average tem-
perature, and reducing vulnerability to the impacts 
of climate change. 
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(b) EXCEPTION.—Subsection (a)(2), (3), and (4) 
shall not apply to the first report delivered under sub-
section (a). 
(c) LATEST SCIENTIFIC INFORMATION.—The anal-
ysis required under subsection (a)(1) shall— 
(1) address existing reports, including the most 
recent assessment report of the Intergovernmental 
Panel on Climate Change; and 
(2) include a description of trends in and pro-
jections for— 
(A) total United States greenhouse gas 
emissions; 
(B) total worldwide greenhouse gas emis-
sions; 
(C) greenhouse gas emissions in each coun-
try that is a major trading partner of the 
United States; 
(D) atmospheric concentrations of green-
house gases; 
(E) global average temperature, including 
an analysis of whether an increase of global av-
erage temperature in excess of 3.6 degrees 
Fahrenheit (2 degrees Celsius) above the 
preindustrial average has occurred or is more 
likely than not to occur in the foreseeable fu-
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371 
ture as a result of anthropogenic climate 
change; 
(F) adverse impacts of global climate 
change on human populations, wildlife, and nat-
ural resources; and 
(G) the health of the oceans and ocean 
ecosystems, including predicted changes in 
ocean acidity, temperatures, the extent of coral 
reefs, and other indicators of ocean ecosystem 
health, resulting from anthropogenic carbon di-
oxide and climate change. 
(d) PERFORMANCE OF THIS ACT AND OTHER POLI-
CIES.—The analysis required under subsection (a)(2) shall 
include a description of— 
(1) the extent to which this Act, in concert with 
other public policies, will prevent dangerous atmos-
pheric concentrations of greenhouse gases; 
(2) the extent to which this Act, in concert with 
other public policies, will prevent a dangerous in-
crease in global average temperature; 
(3) the current and future projected deployment 
of technologies and practices in the United States 
that reduce or limit greenhouse gas emissions, in-
cluding— 
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(A) technologies for capture and disposal 
of greenhouse gases; 
(B) efficiency improvement technologies; 
(C) zero-greenhouse gas emitting energy 
technologies, including wind, solar, geothermal, 
hydrokinetic, and nuclear technologies; 
(D) low-carbon renewable fuels and bio-
energy; and 
(E) above-ground and below-ground bio-
logical sequestration technologies. 
(4) the extent to which this Act and other pub-
lic policies are accelerating the development and 
commercial deployment of technologies and practices 
that reduce and limit greenhouse gas emissions; 
(5) the extent to which this Act and other pub-
lic policies are reducing greenhouse gas emissions 
and increasing biological sequestration from agri-
culture and forestry in the United States and inter-
nationally; 
(6) the extent to which offset credits available 
on international markets represent real, verifiable, 
additional, permanent, and enforceable reductions in 
greenhouse gas emissions or increases in sequestra-
tion; 
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(7) the extent to which this Act and other pub-
lic policies are addressing climate change adaptation 
needs in the United States and the most vulnerable 
developing countries (as defined in section 422(2) of 
this Act); 
(8) the extent to which the distributions of auc-
tion proceeds under title VII of the Clean Air Act, 
as added by section 101 of this Act, are advancing 
the purposes of this Act; and 
(9) the cost-effectiveness of programs estab-
lished under titles III and IV of this Act in achiev-
ing their stated purposes, and the comparative envi-
ronmental and economic benefits of such programs. 
(e) RECOMMENDATIONS REGARDING THIS ACT AND 
OTHER POLICIES.—The recommendations required under 
subsection (a)(3) shall include— 
(1) recommendations regarding distribution of 
funds from the Low-Carbon Technology Fund, 
under subtitle B of title III of this Act, in order to 
accelerate reductions in greenhouse gas emissions 
and lower the cost of achieving such reductions 
through research, development, demonstration, and 
deployment of technologies; 
(2) recommendations regarding improvements 
to programs implemented pursuant to this Act re-
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(E) other approaches, as determined by 
the National Academy of Sciences; 
(4) recommendations regarding improvements 
to climate change adaptation programs implemented 
pursuant to this Act or alternative approaches to re-
ducing vulnerability to climate change impacts; and 
(5) recommendations regarding distribution of 
auction proceeds among programs, taking into ac-
count trends in the relative environmental and eco-
nomic benefits delivered by, and cost-effectiveness of, 
each program. 
SEC. 702. GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 
AND RECOMMENDATIONS. 
(a) IN GENERAL.—Not later than January 1, 2013, 
and every 3 years thereafter, the Comptroller General of 
the United States shall carry out a review of the programs 
described in title III and title IV of this Act. Each such 
report shall include— 
(1) a comprehensive evaluation of the effective-
ness of each program, including— 
(A) the efficiency, transparency, and 
soundness of the administration of each pro-
gram; 
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(B) the performance of projects or activi-
ties receiving assistance under each program; 
and 
(C) trends in the cost-effectiveness of each 
program in achieving the stated purposes of the 
program; 
(2) recommendations, if any, for regulatory or 
administrative changes to each program to improve 
its effectiveness; and 
(3) identification of programs from which funds 
should be redirected because of diminishing cost-ef-
fectiveness in achieving the stated purpose of the 
program. 
SEC. 703. PRESIDENTIAL RECOMMENDATIONS. 
(a) ESTABLISHMENT
OF
THE INTERAGENCY CLI-
MATE CHANGE TASK FORCE.—Not later than January 1, 
2012, the President shall establish an Interagency Climate 
Change Task Force (in this section referred to as the 
‘‘Task Force’’). 
(b) COMPOSITION.—The members of the Task Force 
shall be— 
(1) the Administrator; 
(2) the Secretary of Energy; 
(3) the Secretary of Agriculture; 
(4) the Secretary of State; 
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(5) the Secretary of Commerce; and 
(6) such other Cabinet Secretaries as the Presi-
dent may name to the membership of the Task 
Force. 
(c) CHAIRMAN.—The Administrator shall serve as 
Chairman of the Task Force. 
(d) REPORT TO PRESIDENT.— 
(1) IN GENERAL.—Not later than July 1, 2013, 
and every 5 years thereafter, the Task Force shall 
submit to the President a report making rec-
ommendations, including specific legislation for the 
President to recommend to Congress, in response to 
the most recent report submitted by the National 
Academy of Sciences under section 701 and the 
most recent report of the Comptroller General under 
section 702. 
(2) INCLUSIONS.—The Task Force shall include 
with the report an explanation of any inconsistencies 
between the Task Force’s recommendations and— 
(A) the report and recommendations sub-
mitted by the National Academy of Sciences 
under section 701; or 
(B) any recommendations submitted by the 
Comptroller General under section 702. 
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(e) PRESIDENTIAL
RECOMMENDATION
TO
CON-
GRESS.—Not later than January 1, 2014, and every 5 
years thereafter, the President shall submit to Congress 
a report making recommendations, including the text of 
any legislation proposed, based on the report submitted 
to the President under subsection (d). 
(f) SAVINGS CLAUSE.—Nothing in this title limits, 
procedurally affects, or otherwise restricts the authority 
of the Administrator, a State, or any person to use au-
thorities under this Act or any other law to adopt or en-
force any rule. 
SEC. 704. EXPEDITED CONGRESSIONAL ACTION ON CER-
TAIN PRESIDENTIAL RECOMMENDATIONS. 
(a) CONSIDERATION.—In any calendar year during 
which a report is submitted under section 703(e), the Sen-
ate and the House of Representatives may consider a joint 
resolution, in accordance with subsection (b), that amends 
section 711 of the Clean Air Act to decrease the number 
of allowances to be issued, if and to the extent specifically 
recommended by the President pursuant to section 703(e). 
(b) REQUIREMENTS.—A joint resolution considered 
under subsection (a)— 
(1) shall be introduced during the 60-day pe-
riod beginning on the date on which a report is sub-
mitted under section 703(e); 
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(2) after the resolving clause and ‘‘That’’, shall 
contain 
only: 
‘‘effective 
beginning 
llllllll, the table in section 711 of the 
Clean Air Act is amended llllll.’’, the 
blanks being filled in with the effective date and re-
ductions in the quantity of emission allowances to be 
issued, respectively; and 
(3) shall be referred to the Committee on En-
ergy and Commerce of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate. 
(c) APPLICABLE LAW.—Subsections (c) through (g) 
of section 802 of title 5, United States Code, shall apply 
to any joint resolution described in this section, except 
that in applying such subsections— 
(1) references therein to ‘‘subsection (a)’’ shall 
refer to subsection (a) of this section; 
(2) references therein to the ‘‘submission or 
publication date’’ or ‘‘submission or publication date 
defined under subsection (b)(2)’’ shall mean the date 
on which Congress receives the report submitted 
under section 703(e) of this Act; 
(3) in subsection (e), the words ‘‘respecting a 
rule’’ shall be ignored; and 
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(4) subsection (e)(2) of such section 802 shall 
not apply to a resolution described in this section. 
Æ 
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