used, in a manner consistent with the goals 
described in subsection (e). 
‘‘(B) CONTENTS.—The plan submitted 
under subparagraph (A) shall— 
‘‘(i) identify the department or agency 
responsible for implementing each action 
required; 
‘‘(ii) ensure that allowances are dis-
tributed not later than January 1, 2010, 
for calendar year 2010; and 
‘‘(iii) in no case allow any distribution 
of allowances without charge to result in 
the creation of windfall profits for covered 
entities. 
‘‘(2) PLAN
IMPLEMENTATION.—The Adminis-
trator and the head of each department or agency 
identified in paragraph (1)(B)(i) shall give the Con-
gress a period of one year to review and act upon 
the plan submitted under paragraph (1). If during 
such period no statute is enacted for the express 
purpose of codifying such plan or an alternative to 
such plan, the Administrator and the head of each 
such department or agency shall implement the ac-
tions identified in the plan. 
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‘‘(e) GOALS.—The goals described in this subsection 
are the following: 
‘‘(1) Maximizing public benefit and promoting 
economic growth. 
‘‘(2) Mitigating the effect of any energy cost in-
creases to consumers, particularly low-income con-
sumers. 
‘‘(3) Providing equitable transition assistance to 
any workers and regions affected by a transition 
away from high carbon-emitting energy sources. 
‘‘(4) Encouraging research, development, and 
commercial deployment of innovative technologies for 
avoiding, reducing, or sequestering greenhouse gas 
emissions. 
‘‘(5) Encouraging reduced carbon emissions 
from, and enhanced sequestration of, carbon in the 
forest and agricultural sectors. 
‘‘(6) Recognizing and rewarding early reduc-
tions of greenhouse gases. 
‘‘(7) Supporting activities, including providing 
support for State activities, to protect against and 
mitigate the impacts of climate change, including de-
pletion of snowpack and water supplies, droughts, 
wildfires, enhanced coastal erosion, sea level rise, 
higher storm surges, more intense precipitation 
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events and hurricanes, spread of disease, damage to 
fish and wildlife habitat, commercial harms (such as 
damage to the maple syrup and fishing industries), 
and agricultural and forestry losses due to drought, 
disease, and insect infestations. 
‘‘(f) MONITORING.—The Administrator shall ensure 
that greenhouse gas emissions and the use of allowances 
issued under this section are accurately tracked, reported, 
and verified, to ensure that the cap-and-trade system es-
tablished pursuant to this section is robust and enforce-
able. 
‘‘(g) ENFORCEMENT.— 
‘‘(1) IN GENERAL.—In the case of excess green-
house gas emissions under this section by an entity 
during any calendar year, the regulations promul-
gated under section 703(a) shall require the entity— 
‘‘(A) to submit allowances for such emis-
sions during the following calendar year; and 
‘‘(B) to pay a civil penalty in an amount 
determined under paragraph (2). 
‘‘(2) AMOUNT OF CIVIL PENALTY.—For each 
quantity of excess greenhouse gas emissions consti-
tuting one carbon dioxide equivalent, the amount of 
a civil penalty under this subsection shall be twice 
the market price for an allowance at the end of the 
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calendar year in which the excess emissions oc-
curred. The Administrator shall establish the meth-
od of determining such market price. 
‘‘(3) NO DEMAND REQUIRED.—A civil penalty 
under this subsection shall be due and payable to 
the Administrator without demand. 
‘‘(h) CLIMATE REINVESTMENT FUND.— 
‘‘(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the ‘Climate Reinvestment Fund’ (in this 
subsection referred to as the ‘Fund’). The Fund 
shall consist of such amounts as may be appro-
priated pursuant to paragraph (2) to the Fund. 
Such amounts shall remain available until expended. 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
For each fiscal year, there is authorized to be appro-
priated to the Fund an amount equal to the sum 
of— 
‘‘(A) the amount collected through auc-
tions of allowances issued under this section; 
and 
‘‘(B) the amount of civil penalties assessed 
under subsection (g). 
‘‘(3) USE OF FUNDS.—Amounts in the Fund 
and available pursuant to an appropriations Act 
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shall be expended by the President to further the 
goals described in subsection (e). 
‘‘(4) INVESTMENT.—The Secretary of the 
Treasury shall invest such amounts of the Fund as 
such Secretary determines are not required to meet 
current withdrawals from the Fund. 
‘‘(i) DEFINITION.—In this section, the term ‘covered 
entity’ means an entity covered by the cap under sub-
section (a)(1). 
‘‘SEC. 705. ADDITIONAL AUTHORITY TO REGULATE GREEN-
HOUSE GAS EMISSIONS. 
‘‘(a) ADDITIONAL REGULATIONS.—The regulations 
promulgated under section 703(a) may include additional 
regulations to reduce emissions of greenhouse gases from 
any source or sector, irrespective of whether the source 
or sector is described in section 704(b)(1). Regulations 
under this section may include emissions performance 
standards, efficiency performance standards, best manage-
ment practices, technology-based requirements, and other 
forms of requirements. 
‘‘(b) RELATION TO OTHER AUTHORITY.—The au-
thorizations under this title are in addition to the Admin-
istrator’s authority to regulate greenhouse gas emissions 
pursuant to other provisions of law in effect on the date 
of the enactment of the Safe Climate Act of 2006. 
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