Author Topic: HR2454 Text Posted in Sections -- TITLE I, II, III, IV  (Read 17485 times)

0 Members and 1 Guest are viewing this topic.

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE III - Reducing Global Warming Pollution
===================================================
Subtitle B: Disposition of Allowances   (Part 2 of 3)
===================================================

9 ‘‘(2) DISTRIBUTION BASED ON EMISSIONS.—
10 ‘‘(A) IN GENERAL.—For each vintage year,
11 50 percent of the emission allowances available
12 for distribution under paragraph (1), after re13
serving allowances for distribution under sub14
sections (c) and (d), shall be distributed by the
15 Administrator among individual electricity local
16 distribution companies ratably based on the an17
nual average carbon dioxide emissions attrib18
utable to generation of electricity delivered at
19 retail by each such company during the base
20 period determined under subparagraph (B).
21 ‘‘(B) BASE PERIOD.—
22 ‘‘(i) VINTAGE YEARS 2012 AND 2013.—
23 For vintage years 2012 and 2013, an elec24
tricity local distribution company’s base
25 period shall be—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00731 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
732
H.L.C.
1 ‘‘(I) calendar years 2006 through
2 2008; or
3 ‘‘(II) any 3 consecutive calendar
4 years between 1999 and 2008, inclu5
sive, that such company selects, pro6
vided that the company timely informs
7 the Administrator of such selection.
8 ‘‘(ii) VINTAGE YEARS 2014 AND
9 THEREAFTER.—For vintage years 2014
10 and thereafter, the base period shall be—
11 ‘‘(I) the base period selected
12 under clause (i); or
13 ‘‘(II) calendar year 2012, in the
14 case of an electricity local distribution
15 company that owns, co-owns, or pur16
chases through a power purchase
17 agreement (whether directly or
18 through a cooperative arrangement) a
19 substantial portion of the electricity
20 generated by a new coal-fueled unit,
21 provided that such company timely in22
forms the Administrator of its election
23 to use 2012 as its base period.
24 ‘‘(C) DETERMINATION OF EMISSIONS.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00732 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
733
H.L.C.
1 ‘‘(i) DETERMINATION FOR 1999-
2 2008.—As part of the regulations promul3
gated pursuant to subsection (f), the Ad4
ministrator, after consultation with the
5 Energy Information Administration, shall
6 determine the average amount of carbon
7 dioxide emissions attributable to genera8
tion of electricity delivered at retail by
9 each electricity local distribution company
10 for each of the years 1999 through 2008,
11 taking into account entities’ electricity gen12
eration, electricity purchases, and elec13
tricity sales. In the case of any electricity
14 local distribution company that owns, co15
owns, or purchases through a power pur16
chase agreement (whether directly or
17 through a cooperative arrangement) a sub18
stantial portion of the electricity generated
19 by, a coal-fueled unit that commenced op20
eration after January 1, 2006 and before
21 December 31, 2008, the Administrator
22 shall adjust the emissions attributable to
23 such company’s retail deliveries in calendar
24 years 2006 through 2008 to reflect the
25 emissions that would have occurred if the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00733 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
734
H.L.C.
1 relevant unit were in operation during the
2 entirety of such 3-year period.
3 ‘‘(ii) ADJUSTMENTS FOR NEW COAL4
FUELED UNITS.—
5 ‘‘(I) VINTAGE YEARS 2012 AND
6 2013.—For purposes of emission al7
lowance distributions for vintage years
8 2012 and 2013, in the case of any
9 electricity local distribution company
10 that owns, co-owns, or purchases
11 through a power purchase agreement
12 (whether directly or through a cooper13
ative arrangement) a substantial por14
tion of the electricity generated by, a
15 new coal-fueled unit, the Adminis16
trator shall adjust the emissions at17
tributable to such company’s retail de18
liveries in the applicable base period
19 to reflect the emissions that would
20 have occurred if the new coal-fueled
21 unit were in operation during such pe22
riod.
23 ‘‘(II) VINTAGE YEAR 2014 AND
24 THEREAFTER.—Not later than nec25
essary for use in making emission al-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00734 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
735
H.L.C.
1 lowance distributions under this sub2
section for vintage year 2014, the Ad3
ministrator shall, for any electricity
4 local distribution company that owns,
5 co-owns, or purchases through a
6 power purchase agreement (whether
7 directly or through a cooperative ar8
rangement) a substantial portion of
9 the electricity generated by a new
10 coal-fueled unit and has selected cal11
endar year 2012 as its base period
12 pursuant to subparagraph (B)(ii)(II),
13 determine the amount of carbon diox14
ide emissions attributable to genera15
tion of electricity delivered at retail by
16 such company in calendar year 2012.
17 If the relevant new coal-fueled unit
18 was not yet operational by January 1,
19 2012, the Administrator shall adjust
20 such determination to reflect the
21 emissions that would have occurred if
22 such unit were in operation for all of
23 calendar year 2012.
24 ‘‘(iii) REQUIREMENTS.—Determina25
tions under this paragraph shall be as pre-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00735 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
736
H.L.C.
1 cise as practicable, taking into account the
2 nature of data currently available and the
3 nature of markets and regulation in effect
4 in various regions of the country. The fol5
lowing requirements shall apply to such de6
terminations:
7 ‘‘(I) The Administrator shall de8
termine the amount of fossil fuel9
based electricity delivered at retail by
10 each electricity local distribution com11
pany, and shall use appropriate emis12
sion factors to calculate carbon diox13
ide emissions associated with the gen14
eration of such electricity.
15 ‘‘(II) Where it is not practical to
16 determine the precise fuel mix for the
17 electricity delivered at retail by an in18
dividual electricity local distribution
19 company, the Administrator may use
20 the best available data, including aver21
age data on a regional basis with ref22
erence to Regional Transmission Or23
ganizations or regional entities (as
24 that term is defined in section
25 215(a)(7) of the Federal Power Act
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00736 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
737
H.L.C.
1 (16 U.S.C. 824o(a)(7)), to estimate
2 fuel mix and emissions. Different
3 methodologies may be applied in dif4
ferent regions if appropriate to obtain
5 the most accurate estimate.
6 ‘‘(3) DISTRIBUTION BASED ON DELIVERIES.—
7 ‘‘(A) INITIAL FORMULA.—Except as pro8
vided in subparagraph (B), for each vintage
9 year, the Administrator shall distribute 50 per10
cent of the emission allowances available for
11 distribution under paragraph (1), after reserv12
ing allowances for distribution under sub13
sections (c) and (d), among individual elec14
tricity local distribution companies ratably
15 based on each electricity local distribution com16
pany’s annual average retail electricity deliv17
eries for calendar years 2006 through 2008, un18
less the owner or operator of the company se19
lects 3 other consecutive years between 1999
20 and 2008, inclusive, and timely notifies the Ad21
ministrator of its selection.
22 ‘‘(B) UPDATING.—Prior to distributing
23 2015 vintage year emission allowances under
24 this paragraph and at 3-year intervals there25
after, the Administrator shall update the dis-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00737 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
738
H.L.C.
1 tribution formula under this paragraph to re2
flect changes in each electricity local distribu3
tion company’s service territory since the most
4 recent formula was established. For each suc5
cessive 3-year period, the Administrator shall
6 distribute allowances ratably among individual
7 electricity local distribution companies based on
8 the product of—
9 ‘‘(i) each electricity local distribution
10 company’s average annual deliveries per
11 customer during calendar years 2006
12 through 2008, or during the 3 alternative
13 consecutive years selected by such company
14 under subparagraph (A); and
15 ‘‘(ii) the number of customers of such
16 electricity local distribution company in the
17 most recent year in which the formula is
18 updated under this subparagraph.
19 ‘‘(4) PROHIBITION AGAINST EXCESS DISTRIBU20
TIONS.—The regulations promulgated under sub21
section (f) shall ensure that, notwithstanding para22
graphs (2) and (3), no electricity local distribution
23 company shall receive a greater quantity of allow24
ances under this subsection than is necessary to off25
set any increased electricity costs to such company’s
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00738 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
739
H.L.C.
1 retail ratepayers, including increased costs attrib2
utable to purchased power costs, due to enactment
3 of this title. Any emission allowances withheld from
4 distribution to an electricity local distribution com5
pany pursuant to this paragraph shall be distributed
6 among all remaining electricity local distribution
7 companies ratably based on emissions pursuant to
8 paragraph (2).
9 ‘‘(5) USE OF ALLOWANCES.—
10 ‘‘(A) RATEPAYER BENEFIT.—Emission al11
lowances distributed to an electricity local dis12
tribution company under this subsection shall
13 be used exclusively for the benefit of retail rate14
payers of such electricity local distribution com15
pany and may not be used to support electricity
16 sales or deliveries to entities or persons other
17 than such ratepayers.
18 ‘‘(B) RATEPAYER CLASSES.—In using
19 emission allowances distributed under this sub20
section for the benefit of ratepayers, an elec21
tricity local distribution company shall ensure
22 that ratepayer benefits are distributed—
23 ‘‘(i) among ratepayer classes ratably
24 based on electricity deliveries to each class;
25 and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00739 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
740
H.L.C.
1 ‘‘(ii) equitably among individual rate2
payers within each ratepayer class, includ3
ing entities that receive emission allow4
ances pursuant to part F.
5 ‘‘(C) LIMITATION.—In general, an elec6
tricity local distribution company shall not use
7 the value of emission allowances distributed
8 under this subsection to provide to any rate9
payer a rebate that is based solely on the quan10
tity of electricity delivered to such ratepayer.
11 To the extent an electricity local distribution
12 company uses the value of emission allowances
13 distributed under this subsection to provide re14
bates, it shall, to the maximum extent prac15
ticable, provide such rebates with regard to the
16 fixed portion of ratepayers’ bills or as a fixed
17 credit or rebate on electricity bills.
18 ‘‘(D) INDUSTRIAL RATEPAYERS.—Notwith19
standing subparagraph (C), if compliance with
20 the requirements of this title results (or would
21 otherwise result) in an increase in electricity
22 costs for industrial retail ratepayers of any
23 given electricity local distribution company (in24
cluding entities that receive emission allowances
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00740 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
741
H.L.C.
1 pursuant to part F), such electricity local dis2
tribution company—
3 ‘‘(i) shall pass through to industrial
4 retail ratepayers their ratable share (based
5 on deliveries to each ratepayer class) of the
6 value of the emission allowances distrib7
uted to such company under this sub8
section, to reduce electricity cost impacts
9 on such ratepayers; and
10 ‘‘(ii) may do so based on the quantity
11 of electricity delivered to individual indus12
trial retail ratepayers.
13 ‘‘(E) GUIDELINES.—As part of the regula14
tions promulgated under subsection (f), the Ad15
ministrator shall, after consultation with State
16 regulatory authorities, prescribe guidelines for
17 the implementation of the requirements of this
18 paragraph. Such guidelines shall include re19
quirements to ensure that industrial retail rate20
payers (including entities that receive emission
21 allowances under part F) receive their ratable
22 share of the value of the allowances distributed
23 to each electricity local distribution company
24 pursuant to this subsection.
25 ‘‘(6) REGULATORY PROCEEDINGS.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00741 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
742
H.L.C.
1 ‘‘(A) REQUIREMENT.—No electricity local
2 distribution company shall be eligible to receive
3 emission allowances under this subsection or
4 subsection (e) unless the State regulatory au5
thority with authority over such company’s re6
tail rates, or the entity with authority to regu7
late or set retail electricity rates of an elec8
tricity local distribution company not regulated
9 by a State regulatory authority, has—
10 ‘‘(i) after public notice and an oppor11
tunity for comment, promulgated a regula12
tion or completed a rate proceeding (or the
13 equivalent, in the case of a ratemaking en14
tity other than a State regulatory author15
ity) that provides for the full implementa16
tion of the requirements of paragraph (5)
17 of this subsection and the requirements of
18 subsection (e); and
19 ‘‘(ii) made available to the Adminis20
trator and the public a report describing,
21 in adequate detail, the manner in which
22 the requirements of paragraph (5) and the
23 requirements of subsection (e) will be im24
plemented.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00742 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
743
H.L.C.
1 ‘‘(B) UPDATING.—The Administrator shall
2 require, as a condition of continued receipt of
3 emission allowances under this subsection by an
4 electricity local distribution company, that a
5 new regulation be promulgated or rate pro6
ceeding be completed , after public notice and
7 an opportunity for comment, and a new report
8 be made available to the Administrator and the
9 public, pursuant to subparagraph (A), not less
10 frequently than every 5 years.
11 ‘‘(7) PLANS AND REPORTING.—
12 ‘‘(A) REGULATIONS.—As part of the regu13
lations promulgated under subsection (f), the
14 Administrator shall prescribe requirements gov15
erning plans and reports to be submitted in ac16
cordance with this paragraph.
17 ‘‘(B) PLANS.—Not later than April 30 of
18 2011 and every 5 years thereafter through
19 2026, each electricity local distribution com20
pany shall submit to the Administrator a plan,
21 approved by the State regulatory authority or
22 other entity charged with regulating tor setting
23 the retail rates of such company, describing
24 such company’s plans for the disposition of the
25 value of emission allowances to be received pur-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00743 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
744
H.L.C.
1 suant to this subsection and subsection (e), in
2 accordance with the requirements of this sub3
section and subsection (e). Such plan shall in4
clude a description of the manner in which the
5 company will provide to industrial retail rate6
payers (including entities that receive emission
7 allowances under part F) their ratable share of
8 the value of such allowances.
9 ‘‘(C) REPORTS.—Not later than June 30
10 of 2013 and each calendar year thereafter
11 through 2031, each electricity local distribution
12 company shall submit a report to the Adminis13
trator, and to the relevant State regulatory au14
thority or other entity charged with regulating
15 or setting the retail electricity rates of such
16 company, describing the disposition of the value
17 of any emission allowances received by such
18 company in the prior calendar year pursuant to
19 this subsection and subsection (e), including—
20 ‘‘(i) a description of sales, transfer,
21 exchange, or use by the company for com22
pliance with obligations under this title, of
23 any such emission allowances;
24 ‘‘(ii) the monetary value received by
25 the company, whether in money or in some
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00744 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
745
H.L.C.
1 other form, from the sale, transfer, or ex2
change of any such emission allowances;
3 ‘‘(iii) the manner in which the com4
pany’s disposition of any such emission al5
lowances complies with the requirements of
6 this subsection and of subsection (e), in7
cluding each of the requirements of para8
graph (5) of this subsection, including the
9 requirement that industrial retail rate10
payers (including entities that receive
11 emission allowances under part F) receive
12 their ratable share of the value of such al13
lowances; and
14 ‘‘(iv) such other information as the
15 Administrator may require pursuant to
16 subparagraph (A).
17 ‘‘(D) PUBLICATION.—The Administrator
18 shall make available to the public all plans and
19 reports submitted under this subsection, includ20
ing by publishing such plans and reports on the
21 Internet.
22 ‘‘(8) AUDITS.—Each year, the Administrator
23 shall audit a representative sample of electricity local
24 distribution companies to ensure that emission al25
lowances distributed under this subsection have been
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00745 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
746
H.L.C.
1 used exclusively for the benefit of retail ratepayers
2 and that such companies are complying with the re3
quirements of this subsection and of subsection (e),
4 including the requirement that industrial retail rate5
payers (including entities that receive emission al6
lowances under part F) receive their ratable share of
7 the value of such allowances. In selecting companies
8 for audit, the Administrator shall take into account
9 any credible evidence of noncompliance with such re10
quirements. The Administrator shall make available
11 to the public a report describing the results of each
12 such audit, including by publishing such report on
13 the Internet.
14 ‘‘(9) ENFORCEMENT.—A violation of any re15
quirement of this subsection or of subsection (e)
16 shall be a violation of this Act. Each emission allow17
ance the value of which is used in violation of the
18 requirements of this subsection or of subsection (e)
19 shall be a separate violation.
20 ‘‘(c) MERCHANT COAL UNITS.—
21 ‘‘(1) QUALIFYING EMISSIONS.—The qualifying
22 emissions for a merchant coal unit for a given cal23
endar year shall be the product of the number of
24 megawatt hours of merchant coal unit sales gen25
erated by such unit in such calendar year and the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00746 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
747
H.L.C.
1 average carbon dioxide emissions per megawatt hour
2 generated by such unit during the base period under
3 paragraph (2), provided that the number of mega4
watt hours in a given calendar year for purposes of
5 such calculation shall be reduced in proportion to
6 the portion of such unit’s carbon dioxide emissions
7 that are either—
8 ‘‘(A) captured and sequestered in such cal9
endar year; or
10 ‘‘(B) attributable to the combustion or gas11
ification of biomass, to the extent that the
12 owner or operator of the unit is not required to
13 hold emission allowances for such emissions.
14 ‘‘(2) BASE PERIOD.—For purposes of this sub15
section, the base period for a merchant coal unit
16 shall be—
17 ‘‘(A) calendar years 2006 through 2008; or
18 ‘‘(B) in the case of a new merchant coal
19 unit—
20 ‘‘(i) the first full calendar year of op21
eration of such unit, provided that such
22 year shall not be any year after calendar
23 year 2012; or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00747 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
748
H.L.C.
1 ‘‘(ii) calendar year 2012, if such unit
2 commences operation on or after January
3 1, 2012.
4 ‘‘(3) PHASE-DOWN SCHEDULE.—The Adminis5
trator shall identify an annual phase-down factor,
6 applicable to distributions to merchant coal units for
7 each of vintage years 2012 through 2029, that cor8
responds to the overall decline in the amount of
9 emission allowances allocated to the electricity sector
10 in such years pursuant to section 782(a)(1). Such
11 factor shall—
12 ‘‘(A) for vintage year 2012, be equal to
13 1.0;
14 ‘‘(B) for each of vintage years 2013
15 through 2029, correspond to the quotient of—
16 ‘‘(i) the quantity of emission allow17
ances allocated under section 782(a)(1) for
18 such vintage year; divided by
19 ‘‘(ii) the quantity of emission allow20
ances allocated under section 782(a)(1) for
21 vintage year 2012.
22 ‘‘(4) DISTRIBUTION OF EMISSION ALLOW23
ANCES.—Not later than March 1 of 2013 and each
24 calendar year through 2030, the Administrator shall
25 distribute emission allowances of the preceding vin-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00748 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
749
H.L.C.
1 tage year to the owner or operator of each merchant
2 coal unit described in subsection (a)(6)(C) in an
3 amount equal to the product of—
4 ‘‘(A) 0.5;
5 ‘‘(B) the qualifying emissions for such
6 merchant coal unit for the preceding year, as
7 determined under paragraph (1); and
8 ‘‘(C) the phase-down factor for the pre9
ceding calendar year, as identified under para10
graph (3).
11 ‘‘(5) ADJUSTMENT.—
12 ‘‘(A) STUDY.—Not later than July 1,
13 2014, the Administrator, in consultation with
14 the Federal Energy Regulatory Commission,
15 shall complete a study to determine whether the
16 allocation formula under paragraph (3) is re17
sulting in, or is likely to result in, windfall prof18
its to merchant coal generators or substantially
19 disparate treatment of merchant coal genera20
tors operating in different markets or regions.
21 ‘‘(B) REGULATION.—If the Administrator,
22 in consultation with the Federal Energy Regu23
latory Commission, makes an affirmative find24
ing of windfall profits or disparate treatment
25 under subparagraph (A), the Administrator
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00749 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
750
H.L.C.
1 shall, not later than 18 months after the com2
pletion of the study described in subparagraph
3 (A), promulgate regulations providing for the
4 adjustment of the allocation formula under
5 paragraph (3) to mitigate, to the extent prac6
ticable, such windfall profits, if any, and such
7 disparate treatment, if any.
8 ‘‘(6) LIMITATION ON ALLOWANCES.—Notwith9
standing paragraph (4) or (5), for each vintage year
10 the Administrator shall distribute under this sub11
section no more than 10 percent of the total quan12
tity of emission allowances available for such vintage
13 year for distribution to the electricity sector under
14 section 782(a)(1). If the quantity of emission allow15
ances that would otherwise be distributed pursuant
16 to paragraph (4) or (5) for any vintage year would
17 exceed such limit, the Administrator shall distribute
18 10 percent of the total emission allowances available
19 for distribution under section 782(a)(1) for such vin20
tage year ratably among merchant coal generators
21 based on the applicable formula under paragraph (4)
22 or (5).
23 ‘‘(7) ELIGIBILITY.—The owner or operator of a
24 merchant coal unit shall not be eligible to receive
25 emission allowances under this subsection for any
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00750 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
751
H.L.C.
1 vintage year for which such owner or operator has
2 elected to receive emission allowances for the same
3 unit under subsection (d).
4 ‘‘(d) LONG-TERM CONTRACT GENERATORS.—
5 ‘‘(1) DISTRIBUTION.—Not later than March 1
6 of 2013 and each calendar year through 2030, the
7 Administrator shall distribute to the owner or oper8
ator of each long-term contract generator a quantity
9 of emission allowances of the preceding vintage year
10 that is equal to the sum of—
11 ‘‘(A) the number of tons of carbon dioxide
12 emitted as a result of a qualifying electricity
13 sales agreement referred to in subsection
14 (a)(5)(B)(i); and
15 ‘‘(B) the incremental number of tons of
16 carbon dioxide emitted solely as a result of a
17 qualifying thermal sales agreement referred to
18 in subsection (a)(5)(B)(ii), provided that in no
19 event shall the Administrator distribute more
20 than 1 emission allowance for the same ton of
21 emissions.
22 ‘‘(2) LIMITATION ON ALLOWANCES.— Notwith23
standing paragraph (1), for each vintage year the
24 Administrator shall distribute under this subsection
25 no more than 4.3 percent of the total quantity of
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00751 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
752
H.L.C.
1 emission allowances available for such vintage year
2 for distribution to the electricity sector under section
3 782(a)(1). If the quantity of emission allowances
4 that would otherwise be distributed pursuant to
5 paragraph (1) for any vintage year would exceed
6 such limit, the Administrator shall distribute 4.3
7 percent of the total emission allowances available for
8 distribution under section 782(a)(1) for such vintage
9 year ratably among long-term contract generators
10 based on paragraph (1).
11 ‘‘(3) ELIGIBILITY.—
12 ‘‘(A) FACILITY ELIGIBILITY.—The owner
13 or operator of a facility shall cease to be eligible
14 to receive emission allowances under this sub15
section upon the earliest date on which the fa16
cility no longer meets each and every element of
17 the definition of a long-term contract generator
18 under subsection (a)(5).
19 ‘‘(B) CONTRACT ELIGIBILITY.—The owner
20 or operator of a facility shall cease to be eligible
21 to receive emission allowances under this sub22
section based on an electricity or thermal sales
23 agreement referred to in subsection (a)(5)(B)
24 upon the earliest date that such agreement—
25 ‘‘(i) expires;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00752 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
753
H.L.C.
1 ‘‘(ii) is terminated; or
2 ‘‘(iii) is amended in any way that
3 changes the location of the facility, the
4 price (whether a fixed price or price for5
mula) for electricity or thermal energy sold
6 under such agreement, the quantity of
7 electricity or thermal energy sold under the
8 agreement, or the expiration or termi9
nation date of the agreement.
10 ‘‘(4) DEMONSTRATION OF ELIGIBILITY.—To be
11 eligible to receive allowance distributions under this
12 subsection, the owner or operator of a long-term
13 contract generator shall submit each of the following
14 in writing to the Administrator within 180 days
15 after the date of enactment of this title, and not
16 later than September 30 of each vintage year for
17 which such generator wishes to receive emission al18
lowances:
19 ‘‘(A) A certificate of representation de20
scribed in section 700(15).
21 ‘‘(B) An identification of each owner and
22 each operator of the facility.
23 ‘‘(C) An identification of the units at the
24 facility and the location of the facility.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00753 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
754
H.L.C.
1 ‘‘(D) A written certification by the des2
ignated representative that the facility meets all
3 the requirements of the definition of a long4
term contract generator.
5 ‘‘(E) The expiration date of each quali6
fying electricity or thermal sales agreement re7
ferred to in subsection (a)(5)(B).
8 ‘‘(F) A copy of each qualifying electricity
9 or thermal sales agreement referred to in sub10
section (a)(5)(B).
11 ‘‘(5) NOTIFICATION.—Not later than 30 days
12 after, in accordance with paragraph (3), a facility or
13 an agreement ceases to meet the eligibility require14
ments for distribution of emission allowances pursu15
ant to this subsection, the designated representative
16 of such facility shall notify the Administrator in
17 writing when, and on what basis, such facility or
18 agreement ceased to meet such requirements.
19 ‘‘(e) SMALL LDCS.—
20 ‘‘(1) DISTRIBUTION.—Not later than Sep21
tember 30 of each calendar year from 2011 through
22 2028, the Administrator shall, in accordance with
23 this subsection, distribute emission allowances allo24
cated pursuant to section 782(a)(2) for the following
25 vintage year. Such allowances shall be distributed
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00754 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
755
H.L.C.
1 ratably among small LDCs based on historic emis2
sions in accordance with the same measure of such
3 emissions applied to each such small LDC for the
4 relevant vintage year under subsection (b)(2) of this
5 section.
6 ‘‘(2) USES.—A small LDC receiving allowances
7 under this section shall use such allowances exclu8
sively for the following purposes:
9 ‘‘(A) Cost-effective programs to achieve
10 electricity savings, provided that such savings
11 shall not be transferred or used for compliance
12 with section 610 of the Public Utility Regu13
latory Policies Act of 1978.
14 ‘‘(B) Deployment of technologies to gen15
erate electricity from renewable energy re16
sources, provided that any Federal renewable
17 electricity credits issued based on generation
18 supported under this section shall be submitted
19 to the Federal Energy Regulatory Commission
20 for voluntary retirement and shall not be used
21 for compliance with section 610 of the Public
22 Utility Regulatory Policies Act of 1978.
23 ‘‘(C) Assistance programs to reduce elec24
tricity costs for low-income residential rate25
payers of such small LDC, provided that such
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00755 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
756
H.L.C.
1 assistance is made available equitably to all res2
idential ratepayers below a certain income level,
3 which shall not be higher than 200 percent of
4 the poverty line (as that term is defined in sec5
tion 673(2) of the Community Services Block
6 Grant Act (42 U.S.C. 9902(2)).
7 ‘‘(3) REQUIREMENTS.—As part of the regula8
tions promulgated under subsection (f), the Adminis9
trator shall prescribe—
10 ‘‘(A) after consultation with the Federal
11 Energy Regulatory Commission, requirements
12 to ensure that programs and projects under
13 paragraph (2)(A) and (B) are consistent with
14 the standards established by, and effectively
15 supplement electricity savings and generation of
16 electricity from renewable energy resources
17 achieved by, the Combined Efficiency and Re18
newable Electricity Standard established under
19 section 610 of the Public Utility Regulatory
20 Policies Act of 1978;
21 ‘‘(B) eligibility criteria and guidelines for
22 consumer assistance programs for low-income
23 residential ratepayers under paragraph (2)(C);
24 and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00756 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
757
H.L.C.
1 ‘‘(C) such other requirements as the Ad2
ministrator determines appropriate to ensure
3 compliance with the requirements of this sub4
section.
5 ‘‘(4) REPORTING.—Reports submitted under
6 subsection (b)(7) shall include, in accordance with
7 such requirements as the Administrator may pre8
scribe—
9 ‘‘(A) a description of any facilities de10
ployed under paragraph (2)(A), the quantity of
11 resulting electricity generation from renewable
12 energy resources;
13 ‘‘(B) an assessment demonstrating the
14 cost-effectiveness of, and electricity savings
15 achieved by, programs supported under para16
graph (2)(B); and
17 ‘‘(C) a description of assistance provided to
18 low-income retail ratepayers under paragraph
19 (2)(C).
20 ‘‘(f) REGULATIONS.—Not later than 2 years after the
21 date of enactment of this title, the Administrator, in con22
sultation with the Federal Energy Regulatory Commis23
sion, shall promulgate regulations to implement the re24
quirements of this section.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00757 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
758
H.L.C.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE III - Reducing Global Warming Pollution
===================================================
Subtitle B: Disposition of Allowances   (Part 3 of 3)
===================================================

1 ‘‘SEC. 784. NATURAL GAS CONSUMERS.
2 ‘‘(a) DEFINITIONS.—For purposes of this section:
3 ‘‘(1) COST-EFFECTIVE.—The term ‘cost-effec4
tive’, with respect to an energy efficiency program,
5 means that the program meets the Total Resource
6 Cost Test, which requires that the net present value
7 of economic benefits over the life of the program, in8
cluding avoided supply and delivery costs and de9
ferred or avoided investments, is greater than the
10 net present value of the economic costs over the life
11 of the program, including program costs and incre12
mental costs borne by the energy consumer.
13 ‘‘(2) NATURAL GAS LOCAL DISTRIBUTION COM14
PANY.—The term ‘natural gas local distribution
15 company’ means a natural gas local distribution
16 company that is a covered entity.
17 ‘‘(3) NON-COVERED ENTITY.—The term ‘non18
covered entity’ means, when used in reference to a
19 date or period prior to the enactment of this title,
20 an entity that would not have been a covered entity
21 if this title had been in effect during such date or
22 period.
23 ‘‘(4) STATE REGULATORY AUTHORITY.—The
24 term ‘State regulatory authority’ has the meaning
25 given the term ‘State commission’ in section 2(8) of
26 the Natural Gas Act (15 U.S.C. 717a(8)).
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00758 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
759
H.L.C.
1 ‘‘(b) DISTRIBUTION.—Not later than June 30 of
2 2015 and each calendar year thereafter through 2028, the
3 Administrator shall distribute to natural gas local dis4
tribution companies for the benefit of retail ratepayers the
5 quantity of emission allowances allocated for the following
6 vintage year pursuant to section 782(b). Such allowances
7 shall be distributed among local natural gas distribution
8 companies based on the following formula:
9 ‘‘(1) INITIAL FORMULA.—Except as provided in
10 paragraph (2), for each vintage year, the Adminis11
trator shall distribute emission allowances among
12 natural gas local distribution companies ratably
13 based on each such company’s annual average retail
14 natural gas deliveries for 2006 through 2008 to cus15
tomers that were non-covered entities, unless the
16 owner or operator of the company selects 3 other
17 consecutive years between 1999 and 2008, inclusive,
18 and timely notifies the Administrator of its selection.
19 ‘‘(2) UPDATING.—Prior to distributing 2019
20 vintage year emission allowances and at 3-year inter21
vals thereafter, the Administrator shall update the
22 distribution formula under this subsection to reflect
23 changes in each natural gas local distribution com24
pany’s service territory since the most recent for25
mula was established. For each successive 3-year pe-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00759 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
760
H.L.C.
1 riod, the Administrator shall distribute allowances
2 ratably among natural gas local distribution compa3
nies based on the product of—
4 ‘‘(A) each natural gas local distribution
5 company’s average annual natural gas deliveries
6 per customer to customers that were non-cov7
ered entities during calendar years 2006
8 through 2008, or during the 3 alternative con9
secutive years selected by such company under
10 paragraph (1); and
11 ‘‘(B) the number of customers of such nat12
ural gas local distribution company that are not
13 covered entities in the most recent year in
14 which the formula is updated under this para15
graph.
16 ‘‘(c) USE OF ALLOWANCES.—
17 ‘‘(1) RATEPAYER BENEFIT.—Emission allow18
ances distributed to a natural gas local distribution
19 company under this section shall be used exclusively
20 for the benefit of retail ratepayers of such natural
21 gas local distribution company other than covered
22 entities and may not be used to support natural gas
23 sales or deliveries to entities or persons other than
24 such ratepayers.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00760 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
761
H.L.C.
1 ‘‘(2) RATEPAYER CLASSES.—In using emission
2 allowances distributed under this section for the ben3
efit of ratepayers, a natural gas local distribution
4 company shall ensure that ratepayer benefits are
5 distributed—
6 ‘‘(A) among ratepayer classes ratably
7 based on natural gas deliveries to each class,
8 excluding deliveries to covered entities; and
9 ‘‘(B) equitably among individual ratepayers
10 other than covered entities within each rate11
payer class.
12 ‘‘(3) LIMITATION.—In general, a natural gas
13 local distribution company shall not use the value of
14 emission allowances distributed under this section to
15 provide to any ratepayer a rebate that is based solely
16 on the quantity of natural gas delivered to such
17 ratepayer. To the extent a natural gas local distribu18
tion company uses the value of emission allowances
19 distributed under this section to provide rebates, it
20 shall, to the maximum extent practicable, provide
21 such rebates with regard to the fixed portion of rate22
payers’ bills or as a fixed creditor rebate on natural
23 gas bills.
24 ‘‘(4) INDUSTRIAL RATEPAYERS.—Notwith25
standing paragraph (3), if compliance with the re-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00761 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
762
H.L.C.
1 quirements of this title results (or would otherwise
2 result) in an increase in natural gas costs for indus3
trial retail ratepayers of any given natural gas local
4 distribution company that are not covered entities
5 (including entities that receive emission allowances
6 pursuant to part F), such natural gas local distribu7
tion company—
8 ‘‘(A) shall pass through to industrial retail
9 ratepayers that are not covered entities their
10 ratable share (based on deliveries to each rate11
payer class) of the value of the emission allow12
ances distributed to such company under this
13 subsection, to reduce natural gas cost impacts
14 on such ratepayers; and
15 ‘‘(B) may do so based on the quantity of
16 natural gas delivered to individual industrial re17
tail ratepayers.
18 ‘‘(5) ENERGY EFFICIENCY PROGRAMS.—The
19 value of no less than one third of the emission allow20
ances distributed to natural gas local distribution
21 companies pursuant to this section in any calendar
22 year shall be used for cost-effective energy efficiency
23 programs for natural gas consumers. Such programs
24 must be authorized and overseen by the State regu25
latory authority, or by the entity with authority to
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00762 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
763
H.L.C.
1 regulate or set retail natural gas rates in the case
2 of a natural gas local distribution company that is
3 not regulated by a State regulatory authority.
4 ‘‘(6) CERTAIN INTRACOMPANY DELIVERIES.—If
5 a natural gas local distribution company makes an
6 intracompany delivery of natural gas to a customer
7 that is not a covered entity, for which such company
8 is required to hold emission allowances under section
9 722, such customer shall, for purposes of this sec10
tion, be considered a retail ratepayer and a member
11 of a ratepayer class to be determined by the relevant
12 State regulatory authority, or other entity with au13
thority to regulate or set natural gas rates in the
14 case of a company not regulated by a State regu15
latory authority.
16 ‘‘(7) GUIDELINES.—As part of the regulations
17 promulgated under subsection (h), the Administrator
18 shall, after consultation with State regulatory au19
thorities, prescribe guidelines for the implementation
20 of the requirements of this subsection. Such guide21
lines shall include requirements to ensure that in22
dustrial retail ratepayers that are not covered enti23
ties (including entities that receive emission allow24
ances under part F) receive their ratable share of
25 the value of the allowances distributed to each nat-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00763 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
764
H.L.C.
1 ural gas local distribution company pursuant to this
2 section.
3 ‘‘(d) REGULATORY PROCEEDINGS.—
4 ‘‘(1) REQUIREMENT.—No natural gas local dis5
tribution company shall be eligible to receive emis6
sion allowances under this section unless the State
7 regulatory authority with authority over the retail
8 rates of such company, or the entity with authority
9 to regulate or set retail rates of a natural gas local
10 distribution company not regulated by a State regu11
latory authority, has—
12 ‘‘(A) after public notice and an opportunity
13 for comment, promulgated a regulation or com14
pleted a public rate proceeding (or the equiva15
lent, in the case of a ratemaking entity other
16 than a State regulatory authority) that provides
17 for the full implementation of the requirements
18 of subsection (c); and
19 ‘‘(B) made available to the Administrator
20 and the public a report describing, in adequate
21 detail, the manner in which the requirements of
22 subsection (c) will be implemented.
23 ‘‘(2) UPDATING.—The Administrator shall re24
quire, as a condition of continued receipt of emission
25 allowances under this section, that a new regulation
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00764 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
765
H.L.C.
1 be promulgated or rate proceeding be completed,
2 after public notice and an opportunity for comment,
3 and a new report be made available to the Adminis4
trator and the public, pursuant to paragraph (1),
5 not less frequently than every 5 years.
6 ‘‘(e) PLANS AND REPORTING.—
7 ‘‘(1) REGULATIONS.—As part of the regulations
8 promulgated under subsection (h), the Administrator
9 shall prescribe requirements governing plans and re10
ports to be submitted in accordance with this sub11
section.
12 ‘‘(2) PLANS.—Not later than April 30 of 2015
13 and every 5 years thereafter through 2025, each
14 natural gas local distribution company shall submit
15 to the Administrator a plan, approved by the State
16 regulatory authority or other entity charged with
17 regulating or setting the retail rates of such com18
pany, describing such company’s plans for the dis19
position of the value of emission allowances to be re20
ceived pursuant to this section, in accordance with
21 the requirements of this section.
22 ‘‘(3) REPORTS.—Not later than June 30 of
23 2017 and each calendar year thereafter through
24 2031, each natural gas local distribution company
25 shall submit a report to the Administrator, approved
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00765 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
766
H.L.C.
1 by the relevant State regulatory authority or other
2 entity charged with regulating or setting the retail
3 natural gas rates of such company, describing the
4 disposition of the value of any emission allowances
5 received by such company in the prior calendar year
6 pursuant to this section, including—
7 ‘‘(A) a description of sales, transfer, ex8
change, or use by the company for compliance
9 with obligations under this title, of any such
10 emission allowances;
11 ‘‘(B) the monetary value received by the
12 company, whether in money or in some other
13 form, from the sale, transfer, or exchange of
14 emission allowances received by the company
15 under this section;
16 ‘‘(C) the manner in which the company’s
17 disposition of emission allowances received
18 under this section complies with the require19
ments of this section, including each of the re20
quirements of subsection (c);
21 ‘‘(D) the cost-effectiveness of, and energy
22 savings achieved by, energy efficiency programs
23 supported through such emission allowances;
24 and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00766 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
767
H.L.C.
1 ‘‘(E) such other information as the Admin2
istrator may require pursuant to paragraph (1).
3 ‘‘(4) PUBLICATION.—The Administrator shall
4 make available to the public all plans and reports
5 submitted by natural gas local distribution compa6
nies under this subsection, including by publishing
7 such plans and reports on the Internet.
8 ‘‘(f) AUDITS.—Each year, the Administrator shall
9 audit a representative sample of natural gas local distribu10
tion companies to ensure that emission allowances distrib11
uted under this section have been used exclusively for the
12 benefit of retail ratepayers and that such companies are
13 complying with the requirements of this section. In select14
ing companies for audit, the Administrator shall take into
15 account any credible evidence of noncompliance with such
16 requirements. The Administrator shall make available to
17 the public a report describing the results of each such
18 audit, including by publishing such report on the Internet.
19 ‘‘(g) ENFORCEMENT.—A violation of any require20
ment of this section shall be a violation of this Act. Each
21 emission allowance the value of which is used in violation
22 of the requirements of this section shall be a separate vio23
lation.
24 ‘‘(h) REGULATIONS.—Not later than January 1,
25 2014, the Administrator, in consultation with the Federal
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00767 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
768
H.L.C.
1 Energy Regulatory Commission, shall promulgate regula2
tions to implement the requirements of this section.
3 ‘‘SEC. 785. HOME HEATING OIL, PROPANE, AND KEROSENE
4 CONSUMERS.
5 ‘‘(a) DEFINITIONS.—For purposes of this section:
6 ‘‘(1) CARBON CONTENT.—The term ‘carbon
7 content’ means the amount of carbon dioxide that
8 would be emitted as a result of the combustion of a
9 fuel.
10 ‘‘(2) COST-EFFECTIVE.—The term ‘cost-effec11
tive’ has the meaning given that term in section
12 784(a)(1).
13 ‘‘(3) OILHEAT FUEL.—The term ‘oilheat fuel’
14 means fuel that—
15 ‘‘(A) is—
16 ‘‘(i) No. 1 distillate;
17 ‘‘(ii) No. 2 dyed distillate;
18 ‘‘(iii) a liquid blended with No. 1 dis19
tillate or No. 2 dyed distillate; or
20 ‘‘(iv) a biobased liquid; and
21 ‘‘(B) is used as a fuel for nonindustrial
22 commercial or residential space or hot water
23 heating.
24 ‘‘(b) DISTRIBUTION AMONG STATES.—Not later than
25 September 30 of each of calendar years 2011 through
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00768 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
769
H.L.C.
1 2028, the Administrator shall distribute among the States,
2 in accordance with this section, the quantity of emission
3 allowances allocated for the following vintage year pursu4
ant to section 782(c). The Administrator shall distribute
5 emission allowances among the States under this section
6 each year ratably based on the ratio of—
7 ‘‘(1) the carbon content of oilheat fuel, propane,
8 and kerosene sold to consumers within each State in
9 the preceding year for residential or commercial
10 uses; to
11 ‘‘(2) the carbon content of oilheat fuel, propane,
12 and kerosene sold to consumers within the United
13 States in the preceding year for residential or com14
mercial uses.
15 ‘‘(c) USE OF ALLOWANCES.—
16 ‘‘(1) IN GENERAL.—States shall use emission
17 allowances distributed under this section exclusively
18 for the benefit of consumers of oilheat fuel, propane,
19 or kerosene for residential or commercial purposes.
20 Such proceeds shall be used exclusively for—
21 ‘‘(A) cost-effective energy efficiency pro22
grams for consumers that use oilheat fuel, pro23
pane, or kerosene for residential or commercial
24 purposes; or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00769 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
770
H.L.C.
1 ‘‘(B) rebates or other direct financial as2
sistance programs for consumers of oilheat fuel,
3 propane, or kerosene used for residential or
4 commercial purposes.
5 ‘‘(2) ADMINISTRATION AND DELIVERY MECHA6
NISMS.—In administering programs supported by
7 this section, States shall
8 ‘‘(A) use no less than 50 percent of the
9 value of emission allowances received under this
10 section for cost-effective energy efficiency pro11
grams to reduce consumers’ overall fuel costs;
12 ‘‘(B) to the extent practicable, deliver con13
sumer support under this section through exist14
ing energy efficiency and consumer energy as15
sistance programs or delivery mechanisms, in16
cluding, where appropriate, programs or mecha17
nisms administered by parties other than the
18 State; and
19 ‘‘(C) seek to coordinate the administration
20 and delivery of energy efficiency and consumer
21 energy assistance programs supported under
22 this section, with one another and with existing
23 programs for various fuel types, so as to deliver
24 comprehensive, fuel-blind, coordinated programs
25 to consumers.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00770 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
771
H.L.C.
1 ‘‘(d) REPORTING.—Each State receiving emission al2
lowances under this section shall submit to the Adminis3
trator, within 12 months of each receipt of such allow4
ances, a report, in accordance with such requirements as
5 the Administrator may prescribe, that—
6 ‘‘(1) describes the State’s use of emission allow7
ances distributed under this section, including a de8
scription of the energy efficiency and consumer as9
sistance programs supported with such allowances;
10 ‘‘(2) demonstrates the cost-effectiveness of, and
11 the energy savings and greenhouse gas emissions re12
ductions achieved by, energy efficiency programs
13 supported under this section; and
14 ‘‘(3) includes a report prepared by an inde15
pendent third party, in accordance with such regula16
tions as the Administrator may promulgate, evalu17
ating the performance of the energy efficiency and
18 consumer assistance programs supported under this
19 section.
20 ‘‘(e) ENFORCEMENT.—If the Administrator deter21
mines that a State is not in compliance with this section,
22 the Administrator may withhold a portion of the emission
23 allowances, the quantity of which is equal to up to twice
24 the quantity of the allowances that the State failed to use
25 in accordance with the requirements of this section, that
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00771 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
772
H.L.C.
1 such State would otherwise be eligible to receive under this
2 section in later years. Allowances withheld pursuant to
3 this subsection shall be distributed among the remaining
4 States ratably in accordance with the formula in sub5
section (b).
6 ‘‘SEC. 787. ALLOCATIONS TO REFINERIES.
7 ‘‘(a) PURPOSE.—The purpose of this section is to
8 provide emission allowance rebates to petroleum refineries
9 in the United States in a manner that promotes energy
10 efficiency and a reduction in greenhouse gas emissions at
11 such facilities.
12 ‘‘(b) DEFINITIONS.—In this section:
13 ‘‘(1) EMISSIONS.—The term ‘emissions’ in14
cludes direct emissions from fuel combustion, proc15
ess emissions, and indirect emissions from the gen16
eration of electricity, steam, and hydrogen used to
17 produce the output of a petroleum refinery or the
18 petroleum refinery sector.
19 ‘‘(2) PETROLEUM REFINERY.—The term ‘petro20
leum refinery’ means a facility classified under code
21 324110 of the North American Industrial Classifica22
tion System of 2002.
23 ‘‘(3) SMALL BUSINESS REFINER.—The term
24 ‘small business refiner’ means a refiner that meets
25 the applicable Federal refinery capacity and em-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00772 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
773
H.L.C.
1 ployee limitations criteria described in section
2 45H(c)(1) of the Internal Revenue Code of 1986 (as
3 in effect on the date of enactment of this section and
4 without regard to section 45H(d)). Eligibility of a
5 small business refiner under this paragraph shall not
6 be recalculated or disallowed on account of (i) its
7 merger with another small business refiner or refin8
ers after December 31, 2002 or (ii) its acquisition
9 of another small business refiner (or refinery of such
10 refiner) after December 31, 2002.
11 ‘‘(c) IN GENERAL.—For each vintage year between
12 2014 and 2026, the Administrator shall distribute allow13
ances pursuant to this section to owners and operators of
14 petroleum refineries, including small business refiners, in
15 the United States.
16 ‘‘(d) DISTRIBUTION SCHEDULE.—The Administrator
17 shall distribute emission allowances pursuant to the regu18
lations issued under subsection (e) for each vintage year
19 no later than October 31 of the preceding calendar year.
20 ‘‘(e) REGULATIONS.—Not later than 3 years after the
21 date of enactment of this title, the Administrator, in con22
sultation with the Administrator of the Energy Informa23
tion Administration, shall promulgate regulations that es24
tablish a formula for distributing emission allowances con25
sistent with the purpose of this section. In establishing
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00773 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
774
H.L.C.
1 such formula, the Administrator shall consider the relative
2 complexity of refinery processes and appropriate mecha3
nisms to take energy efficiency and greenhouse gas reduc4
tions into account. If a petroleum refinery’s electricity pro5
vider received a free allocation of emission allowances pur6
suant to section 782(a), the Administrator shall take this
7 free allocation into account when establishing such for8
mula to avoid rebates to a petroleum refinery for costs
9 that the Administrator determines were not incurred by
10 the petroleum refinery because the allowances were freely
11 allocated to the petroleum refinery’s electricity provider
12 and used for the benefit of the petroleum refinery. This
13 formula shall apply separately to the distribution of allow14
ances allocated pursuant to section 782(j)(1) and to those
15 allocated under section 782(j)(2).
16 ‘‘SEC. 788. øSECTION RESERVED¿.
17 ‘‘SEC. 789. CLIMATE CHANGE CONSUMER REFUNDS.
18 ‘‘(a) REFUND.—In each year after deposits are made
19 to the Climate Change Consumer Refund Account, the
20 Secretary of the Treasury shall provide tax refunds on a
21 per capita basis to each household in the United States
22 that shall collectively equal the amount deposited into the
23 Climate Change Consumer Refund Account.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00774 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
775
H.L.C.
1 ‘‘(b) LIMITATIONS.—The Secretary of the Treasury
2 shall establish procedures to ensure that individuals who
3 are not—
4 ‘‘(1) citizens or nationals of the United States;
5 or
6 ‘‘(2) immigrants lawfully residing in the United
7 States,
8 are excluded for the purpose of calculating and distrib9
uting refunds under this section.
10 ‘‘SEC. 790. EXCHANGE FOR STATE-ISSUED ALLOWANCES.
11 ‘‘(a) IN GENERAL.—Not later than one year after the
12 date of enactment of this title, the Administrator shall
13 issue regulations allowing any person in the United States
14 to exchange greenhouse gas emission allowances issued be15
fore December 31, 2011, by the State of California or for
16 the Regional Greenhouse Gas Initiative, or the Western
17 Climate Initiative (in this section referred to as ‘State al18
lowances’) for emission allowances established by the Ad19
ministrator under section 721(a).
20 ‘‘(b) REGULATIONS.—Regulations issued under sub21
section (a) shall—
22 ‘‘(1) provide that a person exchanging State al23
lowances under this section receive emission allow24
ances established under section 721(a) in the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00775 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
776
H.L.C.
1 amount that is sufficient to compensate for the cost
2 of obtaining and holding such State allowances;
3 ‘‘(2) establish a deadline by which persons must
4 exchange the State allowances; and
5 ‘‘(3) provide that the Federal emission allow6
ances disbursed pursuant to this section shall be de7
ducted from the allowances to be auctioned pursuant
8 to section 782(d).
9 ‘‘(c) COST OF OBTAINING STATE ALLOWANCE.—For
10 purposes of this section, the cost of obtaining a State al11
lowance shall be the average auction price, for emission
12 allowances issued in the year in which the State allowance
13 was issued, under the program under which the State al14
lowance was issued.
15 ‘‘SEC. 791. AUCTION PROCEDURES.
16 ‘‘(a) IN GENERAL.—To the extent that auctions of
17 emission allowances by the Administrator are authorized
18 by this part, such auctions shall be carried out pursuant
19 to this section and the regulations established hereunder.
20 ‘‘(b) INITIAL REGULATIONS.—Not later than 12
21 months after the date of enactment of this title, the Ad22
ministrator, in consultation with other agencies, as appro23
priate, shall promulgate regulations governing the auction
24 of allowances under this section. Such regulations shall in25
clude the following requirements:
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00776 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
777
H.L.C.
1 ‘‘(1) FREQUENCY; FIRST AUCTION.—Auctions
2 shall be held four times per year at regular intervals,
3 with the first auction to be held no later than March
4 31, 2011.
5 ‘‘(2) AUCTION SCHEDULE; CURRENT AND FU6
TURE VINTAGES.—The Administrator shall, at each
7 quarterly auction under this section, offer for sale
8 both a portion of the allowances with the same vin9
tage year as the year in which the auction is being
10 conducted and a portion of the allowances with vin11
tage years from future years. The preceding sen12
tence shall not apply to auctions held before 2012,
13 during which period, by necessity, the Administrator
14 shall auction only allowances with a vintage year
15 that is later than the year in which the auction is
16 held. Beginning with the first auction and at each
17 quarterly auction held thereafter, the Administrator
18 may offer for sale allowances with vintage years of
19 up to four years after the year in which the auction
20 is being conducted, except as provided in section
21 782(p).
22 ‘‘(3) AUCTION FORMAT.—Auctions shall follow
23 a single-round, sealed-bid, uniform price format.
24 ‘‘(4) PARTICIPATION; FINANCIAL ASSURANCE.—
25 Auctions shall be open to any person, except that
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00777 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
778
H.L.C.
1 the Administrator may establish financial assurance
2 requirements to ensure that auction participants can
3 and will perform on their bids.
4 ‘‘(5) DISCLOSURE OF BENEFICIAL OWNER5
SHIP.—Each bidder in the auction shall be required
6 to disclose the person or entity sponsoring or bene7
fitting from the bidder’s participation in the auction
8 if such person or entity is, in whole or in part, other
9 than the bidder.
10 ‘‘(6) PURCHASE LIMITS.—No person may, di11
rectly or in concert with another participant, pur12
chase more than 5 percent of the allowances offered
13 for sale at any quarterly auction.
14 ‘‘(7) PUBLICATION OF INFORMATION.—After
15 the auction, the Administrator shall, in a timely
16 fashion, publish the identities of winning bidders,
17 the quantity of allowances obtained by each winning
18 bidder, and the auction clearing price.
19 ‘‘(8) OTHER REQUIREMENTS.—The Adminis20
trator may include in the regulations such other re21
quirements or provisions as the Administrator, in
22 consultation with other agencies, as appropriate,
23 considers appropriate to promote effective, efficient,
24 transparent, and fair administration of auctions
25 under this section.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00778 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
779
H.L.C.
1 ‘‘(c) REVISION OF REGULATIONS.—The Adminis2
trator may, in consultation with other agencies, as appro3
priate, at any time, revise the initial regulations promul4
gated under subsection (b) by promulgating new regula5
tions. Such revised regulations need not meet the require6
ments identified in subsection (b) if the Administrator de7
termines that an alternative auction design would be more
8 effective, taking into account factors including costs of ad9
ministration, transparency, fairness, and risks of collusion
10 or manipulation. In determining whether and how to re11
vise the initial regulations under this subsection, the Ad12
ministrator shall not consider maximization of revenues to
13 the Federal Government.
14 ‘‘(d) RESERVE AUCTION PRICE.—The minimum re15
serve auction price shall be $10 (in constant 2009 dollars)
16 for auctions occurring in 2012. The minimum reserve
17 price for auctions occurring in years after 2012 shall be
18 the minimum reserve auction price for the previous year
19 increased by 5 percent plus the rate of inflation (as meas20
ured by the Consumer Price Index for all urban con21
sumers).
22 ‘‘(e) DELEGATION OR CONTRACT.—Pursuant to reg23
ulations under this section, the Administrator may by del24
egation or contract provide for the conduct of auctions
25 under the Administrator’s supervision by other depart-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00779 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
780
H.L.C.
1 ments or agencies of the Federal Government or by non2
governmental agencies, groups, or organizations.
3 ‘‘(f) SMALL BUSINESS REFINER RESERVE.—The Ad4
ministrator shall, in accordance with this subsection, issue
5 regulations setting aside a specified number of allowances
6 that small business refiners may purchase at the average
7 auction price and may use to demonstrate compliance pur8
suant to section 722. These regulations shall provide the
9 following:
10 ‘‘(1) AMOUNT.—The Administrator shall place
11 in the small business refiner reserve account allow12
ances that are to be sold at auction pursuant to the
13 allocations in section 782 in an amount equal to—
14 ‘‘(A) 6.2 percent of the emission allow15
ances established under section 721(a) for each
16 vintage year from 2012 through 2013;
17 ‘‘(B) 5.4 percent of the emission allow18
ances established under section 721(a) for each
19 vintage year from 2014 through 2015; and
20 ‘‘(C) 4.9 percent of the emission allow21
ances established under section 721(a) for each
22 vintage year from 2016 through 2024.
23 ‘‘(2) ALLOWED PURCHASES.—From January 1
24 of the calendar year that matches the vintage year
25 for which allowances have been placed in the reserve,
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00780 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
781
H.L.C.
1 through January 14 of the following year, small
2 business refiners (as defined in section 787(b)) may
3 purchase allowances from this reserve at the price
4 determined pursuant to paragraph (3).
5 ‘‘(3) PRICE.—The price for allowances pur6
chased from this reserve shall be the average auction
7 price for allowances of the same vintage year pur8
chased at auctions conducted pursuant to this sec9
tion during the 12 months preceding the purchase of
10 the allowances.
11 ‘‘(4) USE OF ALLOWANCES.—Allowances pur12
chased from this reserve shall only be used by the
13 purchaser to demonstrate compliance pursuant to
14 section 722 for attributable greenhouse gas emis15
sions in the calendar year that matches the vintage
16 year of the purchased allowance. Allowances pur17
chased from this reserve may not be banked, traded
18 or borrowed.
19 ‘‘(5) LIMITATIONS ON PURCHASE AMOUNT.—
20 The Administrator, by regulation adopted after pub21
lic notice and an opportunity for comment, shall es22
tablish procedures to distribute the ability to pur23
chase allowances from the reserve fairly among all
24 small business refiners interested in purchasing al25
lowances from this reserve so as to address the po-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00781 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
782
H.L.C.
1 tential that requests to purchase allowances exceed
2 the number of allowances available in the reserve.
3 This regulation may place limits on the number of
4 allowances a small business refiner may purchase
5 from the reserve.
6 ‘‘(6) UNSOLD ALLOWANCES.—Vintage year al7
lowances not sold from the reserve on or before Jan8
uary 15 of the calendar year following the vintage
9 year shall be sold at an auction conducted pursuant
10 to this section no later than March 31 of the cal11
endar year following the vintage year. If significantly
12 more allowances are being placed in the reserve than
13 are being purchased from the reserve several years
14 in a row, the Administrator may adjust either the
15 percent of allowances placed in the reserve or the
16 date by which allowances may be purchased from the
17 reserve.
18 ‘‘SEC. 792. AUCTIONING ALLOWANCES FOR OTHER ENTI19
TIES.
20 ‘‘(a) CONSIGNMENT.—Any entity holding emission al21
lowances or compensatory allowances may request that the
22 Administrator auction, pursuant to section 791, the allow23
ances on consignment.
24 ‘‘(b) PRICING.—When the Administrator acts under
25 this section as the agent of an entity in possession of emis-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00782 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
783
H.L.C.
1 sion allowances or compensatory allowances, the Adminis2
trator is not obligated to obtain the highest price possible
3 for the allowances, and instead shall auction consignment
4 allowances in the same manner and pursuant to the same
5 rules as auctions of other allowances under section 791.
6 The Administrator may permit the entity offering the al7
lowance for sale to condition the sale of its allowances pur8
suant to this section on a minimum reserve price that is
9 different than the reserve auction price set pursuant to
10 section 791(d).
11 ‘‘(c) PROCEEDS.—For emission allowances and com12
pensatory allowances auctioned pursuant to this section,
13 notwithstanding section 3302 of title 31, United States
14 Code, or any other provision of law, within 90 days of re15
ceipt, the United States shall transfer the proceeds from
16 the auction to the entity which held the allowances auc17
tioned. No funds transferred from a purchaser to a seller
18 of emission allowances or compensatory allowances under
19 this subsection shall be held by any officer or employee
20 of the United States or treated for any purpose as public
21 monies.
22 ‘‘(d) UNSOLD ALLOWANCES.—Allowances offered for
23 sale under this section that are not sold shall be returned
24 to the entity in possession of the allowance, notwith25
standing section 726(b)(2)(A).
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00783 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
784
H.L.C.
1 ‘‘(e) REGULATIONS.—The Administrator shall issue
2 regulations within 24 months after the date of enactment
3 of this title to implement this section.
4 ‘‘SEC. 793. ESTABLISHMENT OF FUNDS.
5 ‘‘There is hereby established in the Treasury of the
6 United States the following separate accounts:
7 ‘‘(1) The Strategic Reserve Fund.
8 ‘‘(2) The Climate Change Consumer Refund
9 Account.
10 ‘‘(3) The Climate Change Worker Adjustment
11 Assistance Fund.
12 ‘‘SEC. 794. OVERSIGHT OF ALLOCATIONS.
13 ‘‘(a) IN GENERAL.—Not later than January 1, 2014,
14 and every 2 years thereafter, the Comptroller General of
15 the United States shall carry out and report to Congress
16 on the results of a review of programs administered by
17 the Federal Government that distribute emission allow18
ances or funds from any Federal auction of allowances.
19 ‘‘(b) CONTENTS.—Each such report shall include a
20 comprehensive evaluation of the administration and effec21
tiveness of each program, including—
22 ‘‘(1) the efficiency, transparency, and sound23
ness of the administration of each program;
24 ‘‘(2) the performance of activities receiving as25
sistance under each program;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00784 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
785
H.L.C.
1 ‘‘(3) the cost-effectiveness of each program in
2 achieving the stated purposes of the program; and
3 ‘‘(4) recommendations, if any, for legislative,
4 regulatory, or administrative changes to each pro5
gram to improve its effectiveness.
6 ‘‘(c) FOCUS.—In evaluating program performance,
7 each review under this section review shall address the ef8
fectiveness of such programs in—
9 ‘‘(1) creating and preserving jobs;
10 ‘‘(2) ensuring a manageable transition for
11 working families and workers;
12 ‘‘(3) reducing the emissions, or enhancing se13
questration, of greenhouse gases;
14 ‘‘(4) developing clean technologies; and
15 ‘‘(5) building resilience to the impacts of cli16
mate change.’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE III - Reducing Global Warming Pollution
===================================================
Subtitle C: Additional Greenhouse Gas Standards (Part 1 of 4)
===================================================
17 Subtitle C—Additional Greenhouse
18 Gas Standards
19 SEC. 331. GREENHOUSE GAS STANDARDS.
20 The Clean Air Act (42 U.S.C. 7401 and following),
21 as amended by subtitles A and B of this title, is further
22 amended by adding the following new title after title VII:
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00785 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
786
H.L.C.
1 ‘‘TITLE VIII—ADDITIONAL
2 GREENHOUSE GAS STANDARDS
3 ‘‘SEC. 801. DEFINITIONS.
4 ‘‘For purposes of this title, terms that are defined
5 in title VII, except for the term ‘stationary source’, shall
6 have the meaning given those terms in title VII.
7 ‘‘PART A—STATIONARY SOURCE STANDARDS
8 ‘‘SEC. 811. STANDARDS OF PERFORMANCE.
9 ‘‘(a) UNCAPPED STATIONARY SOURCES.—
10 ‘‘(1) INVENTORY OF SOURCE CATEGORIES.—(A)
11 Within 12 months after the date of enactment of
12 this title, the Administrator shall publish under sec13
tion 111(b)(1)(A) an inventory of categories of sta14
tionary sources that consist of those categories that
15 contain sources that individually had uncapped
16 greenhouse gas emissions greater than 10,000 tons
17 of carbon dioxide equivalent and that, in the aggre18
gate, were responsible for emitting at least 20 per19
cent annually of the uncapped greenhouse gas emis20
sions.
21 ‘‘(B) The Administrator shall include in the in22
ventory under this paragraph each source category
23 that is responsible for at least 10 percent of the un24
capped methane emissions in 2005. Notwithstanding
25 any other provision, the inventory required by this
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00786 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
787
H.L.C.
1 section shall not include sources of enteric fermenta2
tion. The list under this paragraph shall include in3
dustrial sources, the emissions from which, when
4 added to the capped emissions from industrial
5 sources, constitute at least 95 percent of the green6
house gas emissions of the industrial sector.
7 ‘‘(C) For purposes of this subsection, emissions
8 shall be calculated using tons of carbon dioxide
9 equivalents. In promulgating the inventory required
10 by this paragraph and the schedule required under
11 by paragraph (2)(C), the Administrator shall use the
12 most current emissions data available at the time of
13 promulgation, except as provided in subparagraph
14 (B).
15 ‘‘(D) Notwithstanding any other provisions, the
16 Administrator may list under 111(b) any source cat17
egory identified in the inventory required by this
18 subsection without making a finding that the source
19 category causes or contributes significantly to, air
20 pollution with may be reasonably anticipated to en21
danger public health or welfare.
22 ‘‘(2) STANDARDS AND SCHEDULE.—(A) For
23 each category identified as provided in paragraph
24 (1), the Administrator shall promulgate standards of
25 performance under section 111 for the uncapped
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00787 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
788
H.L.C.
1 emissions of greenhouse gases from stationary
2 sources in that category and shall promulgate cor3
responding regulations under section 111(d).
4 ‘‘(B) The Administrator shall promulgate
5 standards as required by this subsection for sta6
tionary sources in categories identified as provided
7 in paragraph (1) as expeditiously as practicable, as8
suring that—
9 ‘‘(i) standards for identified source cat10
egories that, combined, emitted 80 percent or
11 more of the greenhouse gas emissions of the
12 identified source categories shall be promul13
gated not later than 3 years after the date of
14 enactment of this title and shall include stand15
ards for natural gas extraction; and
16 ‘‘(ii) for all other identified source cat17
egories—
18 ‘‘(I) standards for not less than an
19 additional 25 percent of the identified cat20
egories shall be promulgated not later than
21 5 years after the date of enactment of this
22 title;
23 ‘‘(II) standards for not less than an
24 additional 25 percent of the identified cat25
egories shall be promulgated not later than
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00788 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
789
H.L.C.
1 7 years after the date of enactment of this
2 title; and
3 ‘‘(III) standards for all the identified
4 categories shall be promulgated not later
5 than 10 years after the date of enactment
6 of this title.
7 ‘‘(C) Not later than 24 months after the date
8 of enactment of this title and after notice and oppor9
tunity for comment, the Administrator shall publish
10 a schedule establishing a date for the promulgation
11 of standards for each category of sources identified
12 pursuant to paragraph (1). The date for each cat13
egory shall be consistent with the requirements of
14 subparagraph (B). The determination of priorities
15 for the promulgation of standards pursuant to this
16 paragraph is not a rulemaking and shall not be sub17
ject to judicial review, except that failure to promul18
gate any standard pursuant to the schedule estab19
lished by this paragraph shall be subject to review
20 under section 304(a)(2).
21 ‘‘(D) Notwithstanding section 307, no action of
22 the Administrator listing a source category under
23 paragraph (1) shall be a final agency action subject
24 to judicial review, except that any such action may
25 be reviewed under section 307 when the Adminis-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00789 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
790
H.L.C.
1 trator issues performance standards for such cat2
egory.
3 ‘‘(b) CAPPED SOURCES.—No standard of perform4
ance shall be established under section 111 for capped
5 greenhouse gas emissions from a capped source unless the
6 Administrator determines that such standards are appro7
priate because of effects that do not include climate
8 change effects. In promulgating a standard of perform9
ance under section 111 for the emission from capped
10 sources of any air pollutant that is not a greenhouse gas,
11 the Administrator shall treat the emission of any green12
house gas by those entities as a nonair quality public
13 health and environmental impact within the meaning of
14 section 111(a)(1).
15 ‘‘(c) PERFORMANCE STANDARDS.—For purposes of
16 setting a performance standard for source categories iden17
tified pursuant to subsection (a)—
18 ‘‘(1) The Administrator shall take into account
19 the goal of reducing total United States greenhouse
20 gas emissions as set forth in section 702.
21 ‘‘(2) The Administrator may promulgate a de22
sign, equipment, work practice, or operational stand23
ard, or any combination thereof, under section 111
24 in lieu of a standard of performance under that sec25
tion without regard to any determination of feasi-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00790 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
791
H.L.C.
1 bility that would otherwise be required under section
2 111(h).
3 ‘‘(3) Notwithstanding any other provision, in
4 setting the level of each standard required by this
5 section, the Administrator shall take into account
6 projections of allowance prices, such that the mar7
ginal cost of compliance (expressed as dollars per
8 ton of carbon dioxide equivalent reduced) imposed by
9 the standard would not, in the judgement of the Ad10
ministrator, be expected to exceed the Administra11
tor’s projected allowance prices over the time period
12 spanning from the date of initial compliance to the
13 date that the next revisions of the standard would
14 come into effect pursuant to the schedule under sec15
tion 111(b)(1)(B).
16 ‘‘(d) DEFINITIONS.—In this section, the terms ‘un17
capped greenhouse gas emissions’ and ‘uncapped methane
18 emissions’ mean those greenhouse gas or methane emis19
sions, respectively, to which section 722 would not have
20 applied if the requirements of this title had been in effect
21 for the same year as the emissions data upon which the
22 list is based.
23 ‘‘(e) STUDY OF THE EFFECTS OF PERFORMANCE
24 STANDARDS.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00791 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
792
H.L.C.
1 ‘‘(1) STUDY.—The Administrator shall conduct
2 a study of the impacts of performance standards re3
quired under this section, which shall evaluate the
4 effect of such standards on the—
5 ‘‘(A) costs of achieving compliance with the
6 economy-wide reduction goals specified in sec7
tion 702 and the reduction targets specified in
8 section 703;
9 ‘‘(B) available supply of offset credits; and
10 ‘‘(C) ability to achieve the economy-wide
11 reduction goals specified in section 702 and any
12 other benefits of such standards.
13 ‘‘(2) REPORT.—The Administrator shall submit
14 to the House Energy and Commerce Committee a
15 report that describes the results of the study not
16 later than 18 months after the publication of the
17 standards required under subsection (a)(2)(B)(i).
18 ‘‘PART C—EXEMPTIONS FROM OTHER PROGRAMS
19 ‘‘SEC. 831. CRITERIA POLLUTANTS.
20 ‘‘As of the date of the enactment of the Safe Climate
21 Act, no greenhouse gas may be added to the list under
22 section 108(a) on the basis of its effect on global climate
23 change.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00792 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
793
H.L.C.
1 ‘‘SEC. 832. INTERNATIONAL AIR POLLUTION.
2 ‘‘Section 115 shall not apply to an air pollutant with
3 respect to that pollutant’s contribution to global warming.
4 ‘‘SEC. 833. HAZARDOUS AIR POLLUTANTS.
5 ‘‘No greenhouse gas may be added to the list of haz6
ardous air pollutants under section 112 unless such green7
house gas meets the listing criteria of section 112(b) inde8
pendent of its effects on global climate change.
9 ‘‘SEC. 834. NEW SOURCE REVIEW.
10 ‘‘The provisions of part C of title I shall not apply
11 to a major emitting facility that is initially permitted or
12 modified after January 1, 2009, on the basis of its emis13
sions of any greenhouse gas.
14 ‘‘SEC. 835. TITLE V PERMITS.
15 ‘‘Notwithstanding any provision of title III or V, no
16 stationary source shall be required to apply for, or operate
17 pursuant to, a permit under title V, solely because the
18 source emits any greenhouse gases that are regulated sole19
ly because of their effect on global climate change.’’.
20 SEC. 332. HFC REGULATION.
21 (a) IN GENERAL.—Title VI of the Clean Air Act (42
22 U.S.C. 7671 et seq.) (relating to stratospheric ozone pro23
tection) is amended by adding at the end the following:
24 ‘‘SEC. 619. HYDROFLUOROCARBONS (HFCS).
25 ‘‘(a) TREATMENT AS CLASS II, GROUP II SUB26
STANCES.—Except as otherwise provided in this section,
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00793 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
794
H.L.C.
1 hydrofluorocarbons shall be treated as class II substances
2 for purposes of applying the provisions of this title. The
3 Administrator shall establish two groups of class II sub4
stances. Class II, group I substances shall include all
5 hydrochlorofluorocarbons (HCFCs) listed pursuant to sec6
tion 602(b). Class II, group II substances shall include
7 each of the following:
8 ‘‘(1) Hydrofluorocarbon-23 (HFC-23).
9 ‘‘(2) Hydrofluorocarbon-32 (HFC-32).
10 ‘‘(3) Hydrofluorocarbon-41 (HFC-41).
11 ‘‘(4) Hydrofluorocarbon-125 (HFC-125).
12 ‘‘(5) Hydrofluorocarbon-134 (HFC-134).
13 ‘‘(6) Hydrofluorocarbon-134a (HFC-134a).
14 ‘‘(7) Hydrofluorocarbon-143 (HFC-143).
15 ‘‘(8) Hydrofluorocarbon-143a (HFC-143a).
16 ‘‘(9) Hydrofluorocarbon-152 (HFC-152).
17 ‘‘(10) Hydrofluorocarbon-152a (HFC-152a).
18 ‘‘(11) Hydrofluorocarbon-227ea (HFC-227ea).
19 ‘‘(12) Hydrofluorocarbon-236cb (HFC-236cb).
20 ‘‘(13) Hydrofluorocarbon-236ea (HFC-236ea).
21 ‘‘(14) Hydrofluorocarbon-236fa (HFC-236fa).
22 ‘‘(15) Hydrofluorocarbon-245ca (HFC-245ca).
23 ‘‘(16) Hydrofluorocarbon-245fa (HFC-245fa).
24 ‘‘(17) Hydrofluorocarbon-365mfc (HFC-
25 365mfc).
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00794 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
795
H.L.C.
1 ‘‘(18) Hydrofluorocarbon-43-10mee (HFC-43-
2 10mee).
3 ‘‘(19) Hydrofluoroolefin-1234yf (HFO-1234yf).
4 ‘‘(20) Hydrofluoroolefin-1234ze (HFO-1234ze).
5 Not later than 6 months after the date of enactment of
6 this title, the Administrator shall publish an initial list of
7 class II, group II substances, which shall include the sub8
stances listed in this subsection. The Administrator may
9 add to the list of class II, group II substances any other
10 substance used as a substitute for a class I or II substance
11 if the Administrator determines that 1 metric ton of the
12 substance makes the same or greater contribution to glob13
al warming over 100 years as 1 metric ton of carbon diox14
ide. Within 24 months after the date of enactment of this
15 section, the Administrator shall amend the regulations
16 under this title (including the regulations referred to in
17 sections 603, 608, 609, 610, 611, 612, and 613) to apply
18 to class II, group II substances.
19 ‘‘(b) CONSUMPTION AND PRODUCTION OF CLASS II,
20 GROUP II SUBSTANCES.—
21 ‘‘(1) IN GENERAL.—
22 ‘‘(A) CONSUMPTION PHASE DOWN.—In the
23 case of class II, group II substances, in lieu of
24 applying section 605 and the regulations there25
under, the Administrator shall promulgate reg-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00795 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
796
H.L.C.
1 ulations phasing down the consumption of class
2 II, group II substances in the United States,
3 and the importation of products containing any
4 class II, group II substance, in accordance with
5 this subsection within 18 months after the date
6 of enactment of this section. Effective January
7 1, 2012, it shall be unlawful for any person to
8 produce any class II, group II substance, im9
port any class II, group II substance, or import
10 any product containing any class II, group II
11 substance without holding one consumption al12
lowance or one destruction offset credit for each
13 carbon dioxide equivalent ton of the class II,
14 group II substance. Any person who exports a
15 class II, group II substance for which a con16
sumption allowance was retired may receive a
17 refund of that allowance from the Adminis18
trator following the export.
19 ‘‘(B) PRODUCTION.—If the United States
20 becomes a party or otherwise adheres to a mul21
tilateral agreement, including any amendment
22 to the Montreal Protocol on Substances That
23 Deplete the Ozone Layer, that restricts the pro24
duction of class II, group II substances, the Ad25
ministrator shall promulgate regulations estab-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00796 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
797
H.L.C.
1 lishing a baseline for the production of class II,
2 group II substances in the United States and
3 phasing down the production of class II, group
4 II substances in the United States, in accord5
ance with such multilateral agreement and sub6
ject to the same exceptions and other provisions
7 as are applicable to the phase down of con8
sumption of class II, group II substances under
9 this section (except that the Administrator shall
10 not require a person who obtains production al11
lowances from the Administrator to make pay12
ment for such allowances if the person is mak13
ing payment for a corresponding quantity of
14 consumption allowances of the same vintage
15 year). Upon the effective date of such regula16
tions, it shall be unlawful for any person to
17 produce any class II, group II substance with18
out holding one consumption allowance and one
19 production allowance, or one destruction offset
20 credit, for each carbon dioxide equivalent ton of
21 the class II, group II substance.
22 ‘‘(C) INTEGRITY OF CAP.—To maintain
23 the integrity of the class II, group II cap, the
24 Administrator may, through rulemaking, limit
25 the percentage of each person’s compliance obli-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00797 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
798
H.L.C.
1 gation that may be met through the use of de2
struction offset credits or banked allowances.
3 ‘‘(D) COUNTING OF VIOLATIONS.—Each
4 consumption allowance, production allowance,
5 or destruction offset credit not held as required
6 by this section shall be a separate violation of
7 this section.
8 ‘‘(2) SCHEDULE.—Pursuant to the regulations
9 promulgated pursuant to paragraph (1)(A), the
10 number of class II, group II consumption allowances
11 established by the Administrator for each calendar
12 year beginning in 2012 shall be the following per13
centage of the baseline, as established by the Admin14
istrator pursuant to paragraph (3):
‘‘Calendar Year Percent of Baseline
2012 90
2013 87.5
2014 85
2015 82.5
2016 80
2017 77.5
2018 75
2019 71
2020 67
2021 63
2022 59
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00798 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
799
H.L.C.
‘‘Calendar Year Percent of Baseline
2023 54
2024 50
2025 46
2026 42
2027 38
2028 34
2029 30
2030 25
2031 21
2032 17
after 2032 15
1 ‘‘(3) BASELINE.—(A) Within 12 months after
2 the date of enactment of this section, the Adminis3
trator shall promulgate regulations to establish the
4 baseline for purposes of paragraph (2). The baseline
5 shall be the sum, expressed in metric tons of carbon
6 dioxide equivalents, of—
7 ‘‘(i) the annual average consumption of all
8 class II substances in calendar years 2004,
9 2005, and 2006; plus
10 ‘‘(ii) the annual average quantity of all
11 class II substances contained in imported prod12
ucts in calendar years 2004, 2005, and 2006.
13 ‘‘(B) Notwithstanding subparagraph (A), if the
14 Administrator determines that the baseline is higher
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00799 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
800
H.L.C.
1 than 370 million metric tons of carbon dioxide
2 equivalents, then the Administrator shall establish
3 the baseline at 370 million metric tons of carbon di4
oxide equivalents.
5 ‘‘(C) Notwithstanding subparagraph (A), if the
6 Administrator determines that the baseline is lower
7 than 280 million metric tons of carbon dioxide
8 equivalents, then the Administrator shall establish
9 the baseline at 280 million metric tons of carbon di10
oxide equivalents.
11 ‘‘(4) DISTRIBUTION OF ALLOWANCES.—
12 ‘‘(A) IN GENERAL.—Pursuant to the regu13
lations promulgated under paragraph (1)(A),
14 for each calendar year beginning in 2012, the
15 Administrator shall sell consumption allowances
16 in accordance with this paragraph.
17 ‘‘(B) ESTABLISHMENT OF POOLS.—The
18 Administrator shall establish two allowance
19 pools. Eighty percent of the consumption allow20
ances available for a calendar year shall be
21 placed in the producer-importer pool, and 20
22 percent of the consumption allowances available
23 for a calendar year shall be placed in the sec24
ondary pool.
25 ‘‘(C) PRODUCER-IMPORTER POOL.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00800 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
801
H.L.C.
1 ‘‘(i) AUCTION.—(I) For each calendar
2 year, the Administrator shall offer for sale
3 at auction the following percentage of the
4 consumption allowances in the producer5
importer pool:
‘‘Calendar Year Percent Available for Auction
2012 10
2013 20
2014 30
2015 40
2016 50
2017 60
2018 70
2019 80
2020 and thereafter 90
6 ‘‘(II) Any person who produced or im7
ported any class II substance during cal8
endar year 2004, 2005, or 2006 may par9
ticipate in the auction. No other persons
10 may participate in the auction unless per11
mitted to do so pursuant to subclause
12 (III).
13 ‘‘(III) Not later than three years after
14 the date of the initial auction and from
15 time to time thereafter, the Administrator
16 shall determine through rulemaking wheth-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00801 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
802
H.L.C.
1 er any persons who did not produce or im2
port a class II substance during calendar
3 year 2004, 2005, or 2006 will be permitted
4 to participate in future auctions. The Ad5
ministrator shall base this determination
6 on the duration, consistency, and scale of
7 such person’s purchases of consumption al8
lowances in the secondary pool under sub9
paragraph (D)(ii)(III), as well as economic
10 or technical hardship and other factors
11 deemed relevant by the Administrator.
12 ‘‘(IV) The Administrator shall set a
13 minimum bid per consumption allowance of
14 the following:
15 ‘‘(aa) For vintage year 2012,
16 $1.00.
17 ‘‘(bb) For vintage year 2013,
18 $1.20.
19 ‘‘(cc) For vintage year 2014,
20 $1.40.
21 ‘‘(dd) For vintage year 2015,
22 $1.60.
23 ‘‘(ee) For vintage year 2016,
24 $1.80.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00802 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
803
H.L.C.
1 ‘‘(ff) For vintage year 2017,
2 $2.00.
3 ‘‘(gg) For vintage year 2018 and
4 thereafter, $2.00 adjusted for infla5
tion after vintage year 2017 based
6 upon the producer price index as pub7
lished by the Department of Com8
merce.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE III - Reducing Global Warming Pollution
===================================================
Subtitle C: Additional Greenhouse Gas Standards (Part 2 of 4)
===================================================
9 ‘‘(ii) NON-AUCTION SALE.—(I) For
10 each calendar year, as soon as practicable
11 after auction, the Administrator shall offer
12 for sale the remaining consumption allow13
ances in the producer-importer pool at the
14 following prices:
15 ‘‘(aa) A fee of $1.00 per vintage
16 year 2012 allowance.
17 ‘‘(bb) A fee of $1.20 per vintage
18 year 2013 allowance.
19 ‘‘(cc) A fee of $1.40 per vintage
20 year 2014 allowance.
21 ‘‘(dd) For each vintage year
22 2015 allowance, a fee equal to the av23
erage of $1.10 and the auction clear24
ing price for vintage year 2014 allow25
ances.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00803 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
804
H.L.C.
1 ‘‘(ee) For each vintage year 2016
2 allowance, a fee equal to the average
3 of $1.30 and the auction clearing
4 price for vintage year 2015 allow5
ances.
6 ‘‘(ff) For each vintage year 2017
7 allowance, a fee equal to the average
8 of $1.40 and the auction clearing
9 price for vintage year 2016 allow10
ances.
11 ‘‘(gg) For each allowance of vin12
tage year 2018 and subsequent vin13
tage years, a fee equal to the auction
14 clearing price for that vintage year.
15 ‘‘(II) The Administrator shall offer to
16 sell the remaining consumption allowances
17 in the producer-importer pool to producers
18 of class II, group II substances and im19
porters of class II, group II substances in
20 proportion to their relative allocation
21 share.
22 ‘‘(III) Such allocation share for such
23 sale shall be determined by the Adminis24
trator using such producer’s or importer’s
25 annual average data on class II substances
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00804 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
805
H.L.C.
1 from calendar years 2004, 2005, and
2 2006, on a carbon dioxide equivalent basis,
3 and—
4 ‘‘(aa) shall be based on a pro5
ducer’s production, plus importation,
6 plus acquisitions and purchases from
7 persons who produced class II sub8
stances in the United States during
9 calendar years 2004, 2005, or 2006,
10 less exportation, less transfers and
11 sales to persons who produced class II
12 substances in the United States dur13
ing calendar years 2004, 2005, or
14 2006; and
15 ‘‘(bb) for an importer of class II
16 substances that did not produce in the
17 United States any class II substance
18 during calendar years 2004, 2005,
19 and 2006, shall be based on the im20
porter’s importation less exportation.
21 For purposes of item (aa), the Adminis22
trator shall account for 100 percent of
23 class II, group II substances and 60 per24
cent of class II, group I substances. For
25 purposes of item (bb), the Administrator
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00805 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
806
H.L.C.
1 shall account for 100 percent of class II,
2 group II substances and 100 percent of
3 class II, group I substances.
4 ‘‘(IV) Any consumption allowances
5 made available for nonauction sale to a
6 specific producer or importer of class II,
7 group II substances but not purchased by
8 the specific producer or importer shall be
9 made available for sale to any producer or
10 importer of class II substances during cal11
endar years 2004, 2005, or 2006. If de12
mand for such consumption allowances ex13
ceeds supply of such consumption allow14
ances, the Administrator shall develop and
15 utilize criteria for the sale of such con16
sumption allowances that may include pro
17 rata shares, historic production and impor18
tation, economic or technical hardship, or
19 other factors deemed relevant by the Ad20
ministrator. If the supply of such con21
sumption allowances exceeds demand, the
22 Administrator may offer such consumption
23 allowances for sale in the secondary pool as
24 set forth in subparagraph (D).
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00806 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
807
H.L.C.
1 ‘‘(D) SECONDARY POOL.—(i) For each cal2
endar year, as soon as practicable after the auc3
tion required in subparagraph (C), the Adminis4
trator shall offer for sale the consumption al5
lowances in the secondary pool at the prices
6 listed in subparagraph (C)(ii).
7 ‘‘(ii) The Administrator shall accept appli8
cations for purchase of secondary pool con9
sumption allowances from—
10 ‘‘(I) importers of products containing
11 class II, group II substances;
12 ‘‘(II) persons who purchased any class
13 II, group II substance directly from a pro14
ducer or importer of class II, group II sub15
stances for use in a product containing a
16 class II, group II substance, a manufac17
turing process, or a reclamation process;
18 ‘‘(III) persons who did not produce or
19 import a class II substance during cal20
endar year 2004, 2005, or 2006, but who
21 the Administrator determines have subse22
quently taken significant steps to produce
23 or import a substantial quantity of any
24 class II, group II substance; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00807 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
808
H.L.C.
1 ‘‘(IV) persons who produced or im2
ported any class II substance during cal3
endar year 2004, 2005, or 2006.
4 ‘‘(iii) If the supply of consumption allow5
ances in the secondary pool equals or exceeds
6 the demand for consumption allowances in the
7 secondary pool as presented in the applications
8 for purchase, the Administrator shall sell the
9 consumption allowances in the secondary pool
10 to the applicants in the amounts requested in
11 the applications for purchase. Any consumption
12 allowances in the secondary pool not purchased
13 in a calendar year may be rolled over and added
14 to the quantity available in the secondary pool
15 in the following year.
16 ‘‘(iv) If the demand for consumption allow17
ances in the secondary pool as presented in the
18 applications for purchase exceeds the supply of
19 consumption allowances in the secondary pool,
20 the Administrator shall sell the consumption al21
lowances as follows:
22 ‘‘(I) The Administrator shall first sell
23 the consumption allowances in the sec24
ondary pool to any importers of products
25 containing class II, group II substances in
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00808 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
809
H.L.C.
1 the amounts requested in their applications
2 for purchase. If the demand for such con3
sumption allowances exceeds supply of
4 such consumption allowances, the Adminis5
trator shall develop and utilize criteria for
6 the sale of such consumption allowances
7 among importers of products containing
8 class II, group II substances that may in9
clude pro rata shares, historic importation,
10 economic or technical hardship, or other
11 factors deemed relevant by the Adminis12
trator.
13 ‘‘(II) The Administrator shall next
14 sell any remaining consumption allowances
15 to persons identified in subclauses (II) and
16 (III) of clause (ii) in the amounts re17
quested in their applications for purchase.
18 If the demand for such consumption allow19
ances exceeds remaining supply of such
20 consumption allowances, the Administrator
21 shall develop and utilize criteria for the
22 sale of such consumption allowances
23 among subclauses (II) and (III) applicants
24 that may include pro rata shares, historic
25 use, economic or technical hardship, or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00809 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
810
H.L.C.
1 other factors deemed relevant by the Ad2
ministrator.
3 ‘‘(III) The Administrator shall then
4 sell any remaining consumption allowances
5 to persons who produced or imported any
6 class II substance during calendar year
7 2004, 2005, or 2006 in the amounts re8
quested in their applications for purchase.
9 If demand for such consumption allow10
ances exceeds remaining supply of such
11 consumption allowances, the Administrator
12 shall develop and utilize criteria for the
13 sale of such consumption allowances that
14 may include pro rata shares, historic pro15
duction and importation, economic or tech16
nical hardship, or other factors deemed rel17
evant by the Administrator.
18 ‘‘(IV) Each person who purchases
19 consumption allowances in a non-auction
20 sale under this subparagraph shall be re21
quired to disclose the person or entity
22 sponsoring or benefitting from the pur23
chases if such person or entity is, in whole
24 or in part, other than the purchaser or the
25 purchaser’s employer.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00810 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
811
H.L.C.
1 ‘‘(E) DISCRETION TO WITHHOLD ALLOW2
ANCES.—Nothing in this paragraph prevents
3 the Administrator from exercising discretion to
4 withhold and retire consumption allowances
5 that would otherwise be available for auction or
6 nonauction sale. Not later than 18 months after
7 the date of enactment of this section, the Ad8
ministrator shall promulgate regulations estab9
lishing criteria for withholding and retiring con10
sumption allowances.
11 ‘‘(5) BANKING.—A consumption allowance or
12 destruction offset credit may be used to meet the
13 compliance obligation requirements of paragraph (1)
14 in—
15 ‘‘(A) the vintage year for the allowance or
16 destruction offset credit; or
17 ‘‘(B) any calendar year subsequent to the
18 vintage year for the allowance or destruction
19 offset credit.
20 ‘‘(6) AUCTIONS.—
21 ‘‘(A) INITIAL REGULATIONS.—Not later
22 than 18 months after the date of enactment of
23 this section, the Administrator shall promulgate
24 regulations governing the auction of allowances
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00811 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
812
H.L.C.
1 under this section. Such regulations shall in2
clude the following requirements:
3 ‘‘(i) FREQUENCY; FIRST AUCTION.—
4 Auctions shall be held one time per year at
5 regular intervals, with the first auction to
6 be held no later than October 31, 2011.
7 ‘‘(ii) AUCTION FORMAT.—Auctions
8 shall follow a single-round, sealed-bid, uni9
form price format.
10 ‘‘(iii) FINANCIAL ASSURANCE.—The
11 Administrator may establish financial as12
surance requirements to ensure that auc13
tion participants can and will perform on
14 their bids.
15 ‘‘(iv) DISCLOSURE OF BENEFICIAL
16 OWNERSHIP.—Each bidder in the auction
17 shall be required to disclose the person or
18 entity sponsoring or benefitting from the
19 bidder’s participation in the auction if such
20 person or entity is, in whole or in part,
21 other than the bidder.
22 ‘‘(v) PUBLICATION OF INFORMA23
TION.—After the auction, the Adminis24
trator shall, in a timely fashion, publish
25 the number of bidders, number of winning
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00812 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
813
H.L.C.
1 bidders, the quantity of allowances sold,
2 and the auction clearing price.
3 ‘‘(vi) BIDDING LIMITS IN 2012.—In
4 the vintage year 2012 auction, no auction
5 participant may, directly or in concert with
6 another participant, bid for or purchase
7 more allowances offered for sale at the
8 auction than the greater of—
9 ‘‘(I) the number of allowances
10 which, when added to the number of
11 allowances available for purchase by
12 the participant in the producer-im13
porter pool non-auction sale, would
14 equal the participant’s annual average
15 consumption of class II, group II sub16
stances in calendar years 2004, 2005,
17 and 2006; or
18 ‘‘(II) the number of allowances
19 equal to the product of—
20 ‘‘(aa) 1.20 multiplied by the
21 participant’s allocation share of
22 the producer-importer pool non23
auction sale as determined under
24 paragraph (4)(C)(ii); and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00813 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
814
H.L.C.
1 ‘‘(bb) the number of vintage
2 year 2012 allowances offered at
3 auction.
4 ‘‘(vii) BIDDING LIMITS IN 2013.—In
5 the vintage year 2013 auction, no auction
6 participant may, directly or in concert with
7 another participant, bid for or purchase
8 more allowances offered for sale at the
9 auction than the product of—
10 ‘‘(I) 1.15 multiplied by the ratio
11 of the total number of vintage year
12 2012 allowances purchased by the
13 participant from the auction and from
14 the producer-importer pool non-auc15
tion sale to the total number of vin16
tage year 2012 allowances in the pro17
ducer-importer pool; and
18 ‘‘(II) the number of vintage year
19 2013 allowances offered at auction.
20 ‘‘(viii) BIDDING LIMITS IN SUBSE21
QUENT YEARS.—In the auctions for vin22
tage year 2014 and subsequent vintage
23 years, no auction participant may, directly
24 or in concert with another participant, bid
25 for or purchase more allowances offered
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00814 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
815
H.L.C.
1 for sale at the auction than the product
2 of—
3 ‘‘(I) 1.15 multiplied by the ratio
4 of the highest number of allowances
5 required to be held by the participant
6 in any of the three prior vintage years
7 to meet its compliance obligation
8 under paragraph (1) to the total num9
ber of allowances in the producer-im10
porter pool for such vintage year; and
11 ‘‘(II) the number of allowances
12 offered at auction for that vintage
13 year.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE III - Reducing Global Warming Pollution
===================================================
Subtitle C: Additional Greenhouse Gas Standards (Part 3 of 4)
===================================================

14 ‘‘(ix) OTHER REQUIREMENTS.—The
15 Administrator may include in the regula16
tions such other requirements or provisions
17 as the Administrator considers necessary
18 to promote effective, efficient, transparent,
19 and fair administration of auctions under
20 this section.
21 ‘‘(B) REVISION OF REGULATIONS.—The
22 Administrator may, at any time, revise the ini23
tial regulations promulgated under subpara24
graph (A) based on the Administrator’s experi25
ence in administering allowance auctions by
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00815 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
816
H.L.C.
1 promulgating new regulations. Such revised reg2
ulations need not meet the requirements identi3
fied in subparagraph (A) if the Administrator
4 determines that an alternative auction design
5 would be more effective, taking into account
6 factors including costs of administration, trans7
parency, fairness, and risks of collusion or ma8
nipulation. In determining whether and how to
9 revise the initial regulations under this para10
graph, the Administrator shall not consider
11 maximization of revenues to the Federal Gov12
ernment.
13 ‘‘(C) DELEGATION OR CONTRACT.—Pursu14
ant to regulations under this section, the Ad15
ministrator may, by delegation or contract, pro16
vide for the conduct of auctions under the Ad17
ministrator’s supervision by other departments
18 or agencies of the Federal Government or by
19 nongovernmental agencies, groups, or organiza20
tions.
21 ‘‘(7) PAYMENTS FOR ALLOWANCES.—
22 ‘‘(A) INITIAL REGULATIONS.—Not later
23 than 18 months after the date of enactment of
24 this section, the Administrator shall promulgate
25 regulations governing the payment for allow-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00816 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
817
H.L.C.
1 ances purchased in auction and non-auction
2 sales under this section. Such regulations shall
3 include the requirement that, in the event that
4 full payment for purchased allowances is not
5 made on the date of purchase, equal payments
6 shall be made one time per calendar quarter
7 with all payments for allowances of a vintage
8 year made by the end of that vintage year.
9 ‘‘(B) REVISION OF REGULATIONS.— The
10 Administrator may, at any time, revise the ini11
tial regulations promulgated under subpara12
graph (A) based on the Administrator’s experi13
ence in administering collection of payments by
14 promulgating new regulations. Such revised reg15
ulations need not meet the requirements identi16
fied in subparagraph (A) if the Administrator
17 determines that an alternative payment struc18
ture or frequency would be more effective, tak19
ing into account factors including cost of ad20
ministration, transparency, and fairness. In de21
termining whether and how to revise the initial
22 regulations under this paragraph, the Adminis23
trator shall not consider maximization of reve24
nues to the Federal Government.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00817 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
818
H.L.C.
1 ‘‘(C) PENALTIES FOR NON-PAYMENT.—
2 Failure to pay for purchased allowances in ac3
cordance with the regulations promulgated pur4
suant to this paragraph shall be a violation of
5 the requirements of subsection (b). Section
6 113(c)(3) shall apply in the case of any person
7 who knowingly fails to pay for purchased allow8
ances in accordance with the regulations pro9
mulgated pursuant to this paragraph.
10 ‘‘(8) IMPORTED PRODUCTS.—If the United
11 States becomes a party or otherwise adheres to a
12 multilateral agreement, including any amendment to
13 the Montreal Protocol on Substances That Deplete
14 the Ozone Layer, which restricts the production or
15 consumption of class II, group II substances—
16 ‘‘(A) as of the date on which such agree17
ment or amendment enters into force, it shall
18 no longer be unlawful for any person to import
19 from a party to such agreement or amendment
20 any product containing any class II, group II
21 substance whose production or consumption is
22 regulated by such agreement or amendment
23 without holding one consumption allowance or
24 one destruction offset credit for each carbon di-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00818 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
819
H.L.C.
1 oxide equivalent ton of the class II, group II
2 substance;
3 ‘‘(B) the Administrator shall promulgate
4 regulations within 12 months of the date the
5 United States becomes a party or otherwise ad6
heres to such agreement or amendment, or the
7 date on which such agreement or amendment
8 enters into force, whichever is later, to establish
9 a new baseline for purposes of paragraph (2),
10 which new baseline shall be the original baseline
11 less the carbon dioxide equivalent of the annual
12 average quantity of any class II substances reg13
ulated by such agreement or amendment con14
tained in products imported from parties to
15 such agreement or amendment in calendar
16 years 2004, 2005, and 2006;
17 ‘‘(C) as of the date on which such agree18
ment or amendment enters into force, no per19
son importing any product containing any class
20 II, group II substance may, directly or in con21
cert with another person, purchase any con22
sumption allowances for sale by the Adminis23
trator for the importation of products from a
24 party to such agreement or amendment that
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00819 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
820
H.L.C.
1 contain any class II, group II substance re2
stricted by such agreement or amendment; and
3 ‘‘(D) the Administrator may adjust the
4 two allowance pools established in paragraph
5 (4) such that up to 90 percent of the consump6
tion allowances available for a calendar year are
7 placed in the producer-importer pool with the
8 remaining consumption allowances placed in the
9 secondary pool.
10 ‘‘(9) OFFSETS.—
11 ‘‘(A) CHLOROFLUOROCARBON DESTRUC12
TION.—Within 18 months after the date of en13
actment of this section, the Administrator shall
14 promulgate regulations to provide for the
15 issuance of offset credits for the destruction, in
16 the calendar year 2012 or later, of
17 chlorofluorocarbons in the United States. The
18 Administrator shall establish and distribute to
19 the destroying entity a quantity of destruction
20 offset credits equal to 0.8 times the number of
21 metric tons of carbon dioxide equivalents of re22
duction achieved through the destruction. No
23 destruction offset credits shall be established
24 for the destruction of a class II, group II sub25
stance.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00820 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
821
H.L.C.
1 ‘‘(B) DEFINITION.—For purposes of this
2 paragraph, the term ‘destruction’ means the
3 conversion of a substance by thermal, chemical,
4 or other means to another substance with little
5 or no carbon dioxide equivalent value and no
6 ozone depletion potential.
7 ‘‘(C) REGULATIONS.—The regulations pro8
mulgated under this paragraph shall include
9 standards and protocols for project eligibility,
10 certification of destroyers, monitoring, tracking,
11 destruction efficiency, quantification of project
12 and baseline emissions and carbon dioxide
13 equivalent value, and verification. The Adminis14
trator shall ensure that destruction offset cred15
its represent real and verifiable destruction of
16 chlorofluorocarbons or other class I or class II,
17 group I, substances authorized under subpara18
graph (D).
19 ‘‘(D) OTHER SUBSTANCES.—The Adminis20
trator may promulgate regulations to add to the
21 list of class I and class II, group I, substances
22 that may be destroyed for destruction offset
23 credits, taking into account a candidate sub24
stance’s carbon dioxide equivalent value, ozone
25 depletion potential, prevalence in banks in the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00821 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
822
H.L.C.
1 United States, and emission rates, as well as
2 the need for additional cost containment under
3 the class II, group II cap and the integrity of
4 the class II, group II cap. The Administrator
5 shall not add a class I or class II, group I sub6
stance to the list if the consumption of the sub7
stance has not been completely phased-out
8 internationally (except for essential use exemp9
tions or other similar exemptions) pursuant to
10 the Montreal Protocol.
11 ‘‘(E) EXTENSION OF OFFSETS.—(i) At any
12 time after the Administrator promulgates regu13
lations pursuant to subparagraph (A), the Ad14
ministrator may, pursuant to the requirements
15 of part D of title VII and based on the carbon
16 dioxide equivalent value of the substance de17
stroyed, add the types of destruction projects
18 authorized to receive destruction offset credits
19 under this paragraph to the list of types of
20 projects eligible for offset credits under section
21 733. If such projects are added to the list under
22 section 733, the issuance of offset credits for
23 such projects under part D of title VII shall be
24 governed by the requirements of such part D,
25 while the issuance of offset credits for such
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00822 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
823
H.L.C.
1 projects under this paragraph shall be governed
2 by the requirements of this paragraph. Nothing
3 in this paragraph shall affect the issuance of
4 offset credits under section 740.
5 ‘‘(ii) The Administrator shall not make the
6 addition under clause (i) unless the Adminis7
trator finds that insufficient destruction is oc8
curring or is projected to occur under this para9
graph and that the addition would increase de10
struction.
11 ‘‘(iii) In no event shall more than one de12
struction offset credit be issued under title VII
13 and this section for the destruction of the same
14 quantity of a substance.
15 ‘‘(10) LEGAL STATUS OF ALLOWANCES AND
16 CREDITS.—None of the following constitutes a prop17
erty right:
18 ‘‘(A) A production or consumption allow19
ance.
20 ‘‘(B) A destruction offset credit.
21 ‘‘(c) DEADLINES FOR COMPLIANCE.—Notwith22
standing the deadlines specified for class II substances in
23 sections 608, 609, 610, 612, and 613 that occur prior to
24 January 1, 2009, the deadline for promulgating regula-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00823 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
824
H.L.C.
1 tions under those sections for class II, group II substances
2 shall be January 1, 2012.
3 ‘‘(d) EXCEPTIONS FOR ESSENTIAL USES.—Notwith4
standing any phase down of production and consumption
5 required by this section, to the extent consistent with any
6 applicable multilateral agreement to which the United
7 States is a party or otherwise adheres, the Administrator
8 may provide the following exceptions for essential uses:
9 ‘‘(1) MEDICAL DEVICES.—The Administrator,
10 after notice and opportunity for public comment,
11 and in consultation with the Commissioner of the
12 Food and Drug Administration, may provide an ex13
ception for the production and consumption of class
14 II, group II substances solely for use in medical de15
vices.
16 ‘‘(2) AVIATION AND SPACE VEHICLE SAFETY.—
17 The Administrator, after notice and opportunity for
18 public comment, may authorize the production and
19 consumption of limited quantities of class II, group
20 II substances solely for the purposes of aviation or
21 space vehicle safety if either the Administrator of
22 the Federal Aviation Administration or the Adminis23
trator of the National Aeronautics and Space Ad24
ministration, in consultation with the Administrator,
25 determines that no safe and effective substitute has
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00824 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
825
H.L.C.
1 been developed and that such authorization is nec2
essary for aviation or space flight safety purposes.
3 ‘‘(e) DEVELOPING COUNTRIES.—Notwithstanding
4 any phase down of production required by this section, the
5 Administrator, after notice and opportunity for public
6 comment, may authorize the production of limited quan7
tities of class II, group II substances in excess of the
8 amounts otherwise allowable under this section solely for
9 export to, and use in, developing countries. Any produc10
tion authorized under this subsection shall be solely for
11 purposes of satisfying the basic domestic needs of such
12 countries as provided in applicable international agree13
ments, if any, to which the United States is a party or
14 otherwise adheres.
15 ‘‘(f) NATIONAL SECURITY; FIRE SUPPRESSION,
16 ETC.—The provisions of subsection (f) and paragraphs (1)
17 and (2) of subsection (g) of section 604 shall apply to any
18 consumption and production phase down of class II, group
19 II substances in the same manner and to the same extent,
20 consistent with any applicable international agreement to
21 which the United States is a party or otherwise adheres,
22 as such provisions apply to the substances specified in
23 such subsection.
24 ‘‘(g) ACCELERATED SCHEDULE.—In lieu of section
25 606, the provisions of paragraphs (1), (2), and (3) of this
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00825 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
826
H.L.C.
1 subsection shall apply in the case of class II, group II sub2
stances.
3 ‘‘(1) IN GENERAL.—The Administrator shall
4 promulgate initial regulations not later than 18
5 months after the date of enactment of this section,
6 and revised regulations any time thereafter, which
7 establish a schedule for phasing down the consump8
tion (and, if the condition in subsection (b)(1)(B) is
9 met, the production) of class II, group II substances
10 that is more stringent than the schedule set forth in
11 this section if, based on the availability of sub12
stitutes, the Administrator determines that such
13 more stringent schedule is practicable, taking into
14 account technological achievability, safety, and other
15 factors the Administrator deems relevant, or if the
16 Montreal Protocol, or any applicable international
17 agreement to which the United States is a party or
18 otherwise adheres, is modified or established to in19
clude a schedule or other requirements to control or
20 reduce production, consumption, or use of any class
21 II, group II substance more rapidly than the appli22
cable schedule under this section.
23 ‘‘(2) PETITION.—Any person may submit a pe24
tition to promulgate regulations under this sub-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00826 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
827
H.L.C.
1 section in the same manner and subject to the same
2 procedures as are provided in section 606(b).
3 ‘‘(3) INCONSISTENCY.—If the Administrator de4
termines that the provisions of this section regarding
5 banking, allowance rollover, or destruction offset
6 credits create a significant potential for inconsist7
ency with the requirements of any applicable inter8
national agreement to which the United States is a
9 party or otherwise adheres, the Administrator may
10 promulgate regulations restricting the availability of
11 banking, allowance rollover, or destruction offset
12 credits to the extent necessary to avoid such incon13
sistency.
14 ‘‘(h) EXCHANGE.—Section 607 shall not apply in the
15 case of class II, group II substances. Production and con16
sumption allowances for class II, group II substances may
17 be freely exchanged or sold but may not be converted into
18 allowances for class II, group I substances.
19 ‘‘(i) LABELING.—(1) In applying section 611 to prod20
ucts containing or manufactured with class II, group II
21 substances, in lieu of the words ‘destroying ozone in the
22 upper atmosphere’ on labels required under section 611
23 there shall be substituted the words ‘contributing to global
24 warming’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00827 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
828
H.L.C.
1 ‘‘(2) The Administrator may, through rulemaking,
2 exempt from the requirements of section 611 products
3 containing or manufactured with class II, group II sub4
stances determined to have little or no carbon dioxide
5 equivalent value compared to other substances used in
6 similar products.
7 ‘‘(j) NONESSENTIAL PRODUCTS.—For the purposes
8 of section 610, class II, group II substances shall be regu9
lated under section 610(b), except that in applying section
10 610(b) the word ‘hydrofluorocarbon’ shall be substituted
11 for the word ‘chlorofluorocarbon’ and the term ‘class II,
12 group II’ shall be substituted for the term ‘class I’. Class
13 II, group II substances shall not be subject to the provi14
sions of section 610(d).
15 ‘‘(k) INTERNATIONAL TRANSFERS.—In the case of
16 class II, group II substances, in lieu of section 616, this
17 subsection shall apply. To the extent consistent with any
18 applicable international agreement to which the United
19 States is a party or otherwise adheres, including any
20 amendment to the Montreal Protocol, the United States
21 may engage in transfers with other parties to such agree22
ment or amendment under the following conditions:
23 ‘‘(1) The United States may transfer produc24
tion allowances to another party to such agreement
25 or amendment if, at the time of the transfer, the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00828 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
829
H.L.C.
1 Administrator establishes revised production limits
2 for the United States accounting for the transfer in
3 accordance with regulations promulgated pursuant
4 to this subsection.
5 ‘‘(2) The United States may acquire production
6 allowances from another party to such agreement or
7 amendment if, at the time of the transfer, the Ad8
ministrator finds that the other party has revised its
9 domestic production limits in the same manner as
10 provided with respect to transfers by the United
11 States in the regulations promulgated pursuant to
12 this subsection.
13 ‘‘(l) RELATIONSHIP TO OTHER LAWS.—
14 ‘‘(1) STATE LAWS.—For purposes of section
15 116, the requirements of this section for class II,
16 group II substances shall be treated as requirements
17 for the control and abatement of air pollution.
18 ‘‘(2) MULTILATERAL AGREEMENTS.—Section
19 614 shall apply to the provisions of this section con20
cerning class II, group II substances, except that for
21 the words ‘Montreal Protocol’ there shall be sub22
stituted the words ‘Montreal Protocol, or any appli23
cable multilateral agreement to which the United
24 States is a party or otherwise adheres that restricts
25 the production or consumption of class II, group II
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00829 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
830
H.L.C.
1 substances,’ and for the words ‘Article 4 of the Mon2
treal Protocol’ there shall be substituted ‘any provi3
sion of such multilateral agreement regarding trade
4 with non-parties’.
5 ‘‘(3) FEDERAL FACILITIES.—For purposes of
6 section 118, the requirements of this section for
7 class II, group II substances and corresponding
8 State, interstate, and local requirements, administra9
tive authority, and process and sanctions shall be
10 treated as requirements for the control and abate11
ment of air pollution within the meaning of section
12 118.
13 ‘‘(m) CARBON DIOXIDE EQUIVALENT VALUE.—(1)
14 In lieu of section 602(e), the provisions of this subsection
15 shall apply in the case of class II, group II substances.
16 Simultaneously with establishing the list of class II, group
17 II substances, and simultaneously with any addition to
18 that list, the Administrator shall publish the carbon diox19
ide equivalent value of each listed class II, group II sub20
stance, based on a determination of the number of metric
21 tons of carbon dioxide that makes the same contribution
22 to global warming over 100 years as 1 metric ton of each
23 class II, group II substance.
24 ‘‘(2) Not later than February 1, 2017, and not less
25 than every 5 years thereafter, the Administrator shall—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00830 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
831
H.L.C.
1 ‘‘(A) review, and if appropriate, revise the car2
bon dioxide equivalent values established for class II,
3 group II substances based on a determination of the
4 number of metric tons of carbon dioxide that makes
5 the same contributions to global warming over 100
6 years as 1 metric ton of each class II, group II sub7
stance; and
8 ‘‘(B) publish in the Federal Register the results
9 of that review and any revisions.
10 ‘‘(3) A revised determination published in the Federal
11 Register under paragraph (2)(B) shall take effect for pro12
duction of class II, group II substances, consumption of
13 class II, group II substances, and importation of products
14 containing class II, group II substances starting on Janu15
ary 1 of the first calendar year starting at least 9 months
16 after the date on which the revised determination was pub17
lished.
18 ‘‘(4) The Administrator may decrease the frequency
19 of review and revision under paragraph (2) if the Adminis20
trator determines that such decrease is appropriate in
21 order to synchronize such review and revisions with any
22 similar review process carried out pursuant to the United
23 Nations Framework Convention on Climate Change, an
24 agreement negotiated under that convention, The Vienna
25 Convention for the Protection of the Ozone Layer, or an
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00831 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
832
H.L.C.
1 agreement negotiated under that convention, except that
2 in no event shall the Administrator carry out such review
3 and revision any less frequently than every 10 years.
4 ‘‘(n) REPORTING REQUIREMENTS.—In lieu of sub5
sections (b) and (c) of section 603, paragraphs (1) and
6 (2) of this subsection shall apply in the case of class II,
7 group II substances:
8 ‘‘(1) IN GENERAL.—On a quarterly basis, or
9 such other basis (not less than annually) as deter10
mined by the Administrator, each person who pro11
duced, imported, or exported a class II, group II
12 substance, or who imported a product containing a
13 class II, group II substance, shall file a report with
14 the Administrator setting forth the carbon dioxide
15 equivalent amount of the substance that such person
16 produced, imported, or exported, as well as the
17 amount that was contained in products imported by
18 that person, during the preceding reporting period.
19 Each such report shall be signed and attested by a
20 responsible officer. If all other reporting is complete,
21 no such report shall be required from a person after
22 April 1 of the calendar year after such person per23
manently ceases production, importation, and expor24
tation of the substance, as well as importation of
25 products containing the substance, and so notifies
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00832 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
833
H.L.C.
1 the Administrator in writing. If the United States
2 becomes a party or otherwise adheres to a multilat3
eral agreement, including any amendment to the
4 Montreal Protocol on Substances That Deplete the
5 Ozone Layer, that restricts the production or con6
sumption of class II, group II substances, then, if all
7 other reporting is complete, no such report shall be
8 required from a person with respect to importation
9 from parties to such agreement or amendment of
10 products containing any class II, group II substance
11 restricted by such agreement or amendment, after
12 April 1 of the calendar year following the year dur13
ing which such agreement or amendment enters into
14 force.
15 ‘‘(2) BASELINE REPORTS FOR CLASS II, GROUP
16 II SUBSTANCES.—
17 ‘‘(A) IN GENERAL.—Unless such informa18
tion has been previously reported to the Admin19
istrator, on the date on which the first report
20 under paragraph (1) of this subsection is re21
quired to be filed, each person who produced,
22 imported, or exported a class II, group II sub23
stance, or who imported a product containing a
24 class II substance, (other than a substance
25 added to the list of class II, group II substances
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00833 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
834
H.L.C.
1 after the publication of the initial list of such
2 substances under this section), shall file a re3
port with the Administrator setting forth the
4 amount of such substance that such person pro5
duced, imported, exported, or that was con6
tained in products imported by that person,
7 during each of calendar years 2004, 2005, and
8 2006.
9 ‘‘(B) PRODUCERS.—In reporting under
10 subparagraph (A), each person who produced in
11 the United States a class II substance during
12 calendar years 2004, 2005, or 2006 shall—
13 ‘‘(i) report all acquisitions or pur14
chases of class II substances during each
15 of calendar years 2004, 2005, and 2006
16 from all other persons who produced in the
17 United States a class II substance during
18 calendar years 2004, 2005, or 2006, and
19 supply evidence of such acquisitions and
20 purchases as deemed necessary by the Ad21
ministrator; and
22 ‘‘(ii) report all transfers or sales of
23 class II substances during each of calendar
24 years 2004, 2005, and 2006 to all other
25 persons who produced in the United States
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00834 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
835
H.L.C.
1 a class II substance during calendar years
2 2004, 2005, or 2006, and supply evidence
3 of such transfers and sales as deemed nec4
essary by the Administrator.
5 ‘‘(C) ADDED SUBSTANCES.—In the case of
6 a substance added to the list of class II, group
7 II substances after publication of the initial list
8 of such substances under this section, each per9
son who produced, imported, exported, or im10
ported products containing such substance in
11 calendar year 2004, 2005, or 2006 shall file a
12 report with the Administrator within 180 days
13 after the date on which such substance is added
14 to the list, setting forth the amount of the sub15
stance that such person produced, imported,
16 and exported, as well as the amount that was
17 contained in products imported by that person,
18 in calendar years 2004, 2005, and 2006.
19 ‘‘(o) STRATOSPHERIC OZONE AND CLIMATE PROTEC20
TION FUND.—
21 ‘‘(1) IN GENERAL.—There is established in the
22 Treasury of the United States a Stratospheric Ozone
23 and Climate Protection Fund.
24 ‘‘(2) DEPOSITS.—The Administrator shall de25
posit all proceeds from the auction and non-auction
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00835 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
836
H.L.C.
1 sale of allowances under this section into the Strato2
spheric Ozone and Climate Protection Fund.
3 ‘‘(3) USE.—Amounts deposited into the Strato4
spheric Ozone and Climate Protection Fund shall be
5 available, subject to appropriations, exclusively for
6 the following purposes:
7 ‘‘(A) RECOVERY, RECYCLING, AND REC8
LAMATION.—The Administrator may utilize
9 funds to establish a program to incentivize the
10 recovery, recycling, and reclamation of any
11 Class II substances in order to reduce emissions
12 of such substances.
13 ‘‘(B) MULTILATERAL FUND.—If the
14 United States becomes a party or otherwise ad15
heres to a multilateral agreement, including any
16 amendment to the Montreal Protocol on Sub17
stances That Deplete the Ozone Layer, which
18 restricts the production or consumption of class
19 II, group II substances, the Administrator may
20 utilize funds to meet any related contribution
21 obligation of the United States to the Multilat22
eral Fund for the Implementation of the Mon23
treal Protocol or similar multilateral fund es24
tablished under such multilateral agreement.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00836 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
837
H.L.C.
1 ‘‘(C) BEST-IN-CLASS APPLIANCES DEPLOY2
MENT PROGRAM.—The Secretary of Energy is
3 authorized to utilize funds to carry out the pur4
poses of section 214 of the American Clean En5
ergy and Security Act of 2009.
6 ‘‘(D) LOW GLOBAL WARMING PRODUCT
7 TRANSITION ASSISTANCE PROGRAM.—
8 ‘‘(i) IN GENERAL.—The Adminis9
trator, in consultation with the Secretary
10 of Energy, may utilize funds in fiscal years
11 2012 through 2022 to establish a program
12 to provide financial assistance to manufac13
turers of products containing class II,
14 group II substances to facilitate the transi15
tion to products that contain or utilize al16
ternative substances with no or low carbon
17 dioxide equivalent value and no ozone de18
pletion potential.
19 ‘‘(ii) DEFINITION.—In this subpara20
graph, the term ‘products’ means refrig21
erators, freezers, dehumidifiers, air condi22
tioners, foam insulation, technical aerosols,
23 fire protection systems, and semiconduc24
tors.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00837 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
838
H.L.C.
1 ‘‘(iii) FINANCIAL ASSISTANCE.—The
2 Administrator may provide financial assist3
ance to manufacturers pursuant to clause
4 (i) for—
5 ‘‘(I) the design and configuration
6 of new products that use alternative
7 substances with no or low carbon di8
oxide equivalent value and no ozone
9 depletion potential; and
10 ‘‘(II) the redesign and retooling
11 of facilities for the manufacture of
12 products in the United States that use
13 alternative substances with no or low
14 carbon dioxide equivalent value and
15 no ozone depletion potential.
16 ‘‘(iv) REPORTS.—For any fiscal year
17 during which the Administrator provides
18 financial assistance pursuant to this sub19
paragraph, the Administrator shall submit
20 a report to the Congress within 3 months
21 of the end of such fiscal year detailing the
22 amounts, recipients, specific purposes, and
23 results of the financial assistance pro24
vided.’’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00838 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
839
H.L.C.
1 (b) TABLE OF CONTENTS.—The table of contents of
2 title VI of the Clean Air Act (42 U.S.C. 7671 et seq.)
3 is amended by adding the following new item at the end
4 thereof:
‘‘Sec. 619. Hydrofluorocarbons (HFCs).’’.
5 (c) FIRE SUPPRESSION AGENTS.—Section 605(a) of
6 the Clean Air Act (42 U.S.C. 7671(a)) is amended—
7 (1) by striking ‘‘or’’ at the end of paragraph
8 (2);
9 (2) by striking the period at the end of para10
graph (3) and inserting ‘‘; or’’; and
11 (3) by adding the following new paragraph after
12 paragraph (3):
13 ‘‘(4) is listed as acceptable for use as a fire sup14
pression agent for nonresidential applications in ac15
cordance with section 612(c).’’.
16 (d) MOTOR VEHICLE AIR CONDITIONERS.—
17 (1) Section 609(e) of the Clean Air Act (42
18 U.S.C. 7671h(e)) is amended by inserting ‘‘, group
19 I’’ after each reference to ‘‘class II’’ in the text and
20 heading.
21 (2) Section 609 of the Clean Air Act (42 U.S.C.
22 7671h) is amended by adding the following new sub23
section after subsection (e):
24 ‘‘(f) CLASS II, GROUP II SUBSTANCES.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00839 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
840
H.L.C.
1 ‘‘(1) REPAIR.—The Administrator may promul2
gate regulations establishing requirements for repair
3 of motor vehicle air conditioners prior to adding a
4 class II, group II substance.
5 ‘‘(2) SMALL CONTAINERS.—(A) The Adminis6
trator may promulgate regulations establishing serv7
icing practices and procedures for recovery of class
8 II, group II substances from containers which con9
tain less than 20 pounds of such class II, group II
10 substances.
11 ‘‘(B) Not later than 18 months after enactment
12 of this subsection, the Administrator shall either
13 promulgate regulations requiring that containers
14 which contain less than 20 pounds of a class II,
15 group II substance be equipped with a device or
16 technology that limits refrigerant emissions and
17 leaks from the container and limits refrigerant emis18
sions and leaks during the transfer of refrigerant
19 from the container to the motor vehicle air condi20
tioner or issue a determination that such require21
ments are not necessary or appropriate.
22 ‘‘(C) Not later than 18 months after enactment
23 of this subsection, the Administrator shall promul24
gate regulations establishing requirements for con25
sumer education materials on best practices associ-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00840 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
841
H.L.C.
1 ated with the use of containers which contain less
2 than 20 pounds of a class II, group II substance and
3 prohibiting the sale or distribution, or offer for sale
4 or distribution, of any class II, group II substance
5 in any container which contains less than 20 pounds
6 of such class II, group II substance, unless con7
sumer education materials consistent with such re8
quirements are displayed and available at point-of9
sale locations, provided to the consumer, or included
10 in or on the packaging of the container which con11
tain less than 20 pounds of a class II, group II sub12
stance.
13 ‘‘(D) The Administrator may, through rule14
making, extend the requirements established under
15 this paragraph to containers which contain 30
16 pounds or less of a class II, group II substance if
17 the Administrator determines that such action would
18 produce significant environmental benefits.
19 ‘‘(3) RESTRICTION OF SALES.—Effective Janu20
ary 1, 2014, no person may sell or distribute or offer
21 to sell or distribute or otherwise introduce into inter22
state commerce any motor vehicle air conditioner re23
frigerant in any size container unless the substance
24 has been found acceptable for use in a motor vehicle
25 air conditioner under section 612.’’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00841 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
842
H.L.C.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE III - Reducing Global Warming Pollution
===================================================
Subtitle C: Additional Greenhouse Gas Standards (Part 4 of 4)
===================================================
1 (e) SAFE ALTERNATIVES POLICY.—Section 612(e) of
2 the Clean Air Act (42 U.S.C. 7671k(e)) is amended by
3 inserting ‘‘or class II’’ after each reference to ‘‘class I’’.
4 SEC. 333. BLACK CARBON.
5 (a) DEFINITION.—As used in this section, the term
6 ‘‘black carbon’’ means primary light absorbing aerosols,
7 as defined by the Administrator, based on the best avail8
able science.
9 (b) BLACK CARBON ABATEMENT REPORT.—Not
10 later than one year after the date of enactment of this
11 section, the Administrator shall, in consultation with other
12 appropriate Federal agencies, submit to Congress a report
13 regarding black carbon emissions. The report shall include
14 the following:
15 (1) A summary of the current information and
16 research that identifies—
17 (A) an inventory of the major sources of
18 black carbon emissions in the United States
19 and throughout the world, including—
20 (i) an estimate of the quantity of cur21
rent and projected future emissions; and
22 (ii) the net climate forcing of the
23 emissions from such sources, including
24 consideration of co-emissions of other pol25
lutants;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00842 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
843
H.L.C.
1 (B) effective and cost-effective control
2 technologies, operations, and strategies for ad3
ditional domestic and international black carbon
4 emissions reductions, such as diesel retrofit
5 technologies on existing on-road, non-road, and
6 stationary engines and programs to address res7
idential cookstoves, and forest and agriculture8
based burning;
9 (C) potential metrics and approaches for
10 quantifying the climatic effects of black carbon
11 emissions, including its radiative forcing and
12 warming effects, that may be used to compare
13 the climate benefits of different mitigation
14 strategies, including an assessment of the un15
certainty in such metrics and approaches; and
16 (D) the public health and environmental
17 benefits associated with additional controls for
18 black carbon emissions.
19 (2) Recommendations regarding—
20 (A) development of additional emissions
21 monitoring techniques and capabilities, mod22
eling, and other black carbon-related areas of
23 study;
24 (B) areas of focus for additional study of
25 technologies, operations, and strategies with the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00843 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
844
H.L.C.
1 greatest potential to reduce emissions of black
2 carbon and associated public health, economic,
3 and environmental impacts associated with
4 these emissions; and
5 (C) actions, in addition to those identified
6 by the Administrator under section 851 of the
7 Clean Air Act (as added by subsection (c)), the
8 Federal Government may take to encourage or
9 require reductions in black carbon emissions.
10 (c) BLACK CARBON MITIGATION.—Title VIII of the
11 Clean Air Act, as added by section 331 of this Act, and
12 amended by section 222 of this Act, is further amended
13 by adding after part D the following new part:
14 ‘‘PART E—BLACK CARBON
15 ‘‘SEC. 851. BLACK CARBON.
16 ‘‘(a) DOMESTIC BLACK CARBON MITIGATION.—Not
17 later than 18 months after the date of enactment of this
18 section, the Administrator, taking into consideration the
19 public health and environmental impacts of black carbon
20 emissions, including the effects on global and regional
21 warming, the Arctic, and other snow and ice-covered sur22
faces, shall propose regulations under the existing authori23
ties of this Act to reduce emissions of black carbon or pro24
pose a finding that existing regulations promulgated pur25
suant to this Act adequately regulate black carbon emis-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00844 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
845
H.L.C.
1 sions. Not later than two years after the date of enactment
2 of this section, the Administrator shall promulgate final
3 regulations under the existing authorities of this Act or
4 finalize the proposed finding. Such regulations shall not
5 apply to specific types, classes, categories, or other suit6
able groupings of emissions sources that the Adminis7
trator finds are subject to adequate regulation.
8 ‘‘(b) INTERNATIONAL BLACK CARBON MITIGA9
TION.—
10 ‘‘(1) REPORT.—Not later than one year after
11 the date of enactment of this section, the Adminis12
trator, in coordination with the Secretary of State
13 and other appropriate Federal agencies, shall trans14
mit a report to Congress on the amount, type, and
15 direction of all present United States financial, tech16
nical, and related assistance to foreign countries to
17 reduce, mitigate, and otherwise abate black carbon
18 emissions.
19 ‘‘(2) OTHER OPPORTUNITIES.—The report re20
quired under paragraph (1) shall also identify oppor21
tunities and recommendations, including action
22 under existing authorities, to achieve significant
23 black carbon emission reductions in foreign countries
24 through technical assistance or other approaches
25 to—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00845 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
846
H.L.C.
1 ‘‘(A) promote sustainable solutions to
2 bring clean, efficient, safe, and affordable
3 stoves, fuels, or both stoves and fuels to resi4
dents of developing countries that are reliant on
5 solid fuels such as wood, dung, charcoal, coal,
6 or crop residues for home cooking and heating,
7 so as to help reduce the public health, environ8
mental, and economic impacts of black carbon
9 emissions from these sources by—
10 ‘‘(i) identifying key regions for large11
scale demonstration efforts, and key part12
ners in each such region; and
13 ‘‘(ii) developing for each such region a
14 large-scale implementation strategy with a
15 goal of collectively reaching 20,000,000
16 homes over 5 years with interventions that
17 will—
18 ‘‘(I) increase stove efficiency by
19 over 50 percent (or such other goal as
20 determined by the Administrator);
21 ‘‘(II) reduce emissions of black
22 carbon by over 60 percent (or such
23 other goal as determined by the Ad24
ministrator); and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00846 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
847
H.L.C.
1 ‘‘(III) reduce the incidence of se2
vere pneumonia in children under 5
3 years old by over 30 percent (or such
4 other goal as determined by the Ad5
ministrator);
6 ‘‘(B) make technological improvements to
7 diesel engines and provide greater access to
8 fuels that emit less or no black carbon;
9 ‘‘(C) reduce unnecessary agricultural or
10 other biomass burning where feasible alter11
natives exist;
12 ‘‘(D) reduce unnecessary fossil fuel burn13
ing that produces black carbon where feasible
14 alternatives exist;
15 ‘‘(E) reduce other sources of black carbon
16 emissions; and
17 ‘‘(F) improve capacity to achieve greater
18 compliance with existing laws to address black
19 carbon emissions.’’.
20 (d) AUTHORIZATION OF APPROPRIATIONS.—There
21 are authorized to be appropriated such sums as are nec22
essary to carry out this section.
23 SEC. 334. STATES.
24 Section 116 of the Clean Air Act (42 U.S.C. 7416)
25 is amended by adding the following at the end thereof:
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00847 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
848
H.L.C.
1 ‘‘For the purposes of this section, the phrases ‘standard
2 or limitation respecting emissions of air pollutants’ and
3 ‘requirements respecting control or abatement of air pollu4
tion’ shall include any provision to: cap greenhouse gas
5 emissions, require surrender to the State or a political
6 subdivision thereof of emission allowances or offset credits
7 established or issued under this Act, and require the use
8 of such allowances or credits as a means of demonstrating
9 compliance with requirements established by a State or
10 political subdivision thereof.’’.
11 SEC. 335. STATE PROGRAMS.
12 Title VIII of the Clean Air Act, as added by section
13 331 of this Act and amended by several sections of this
14 Act, is further amended by adding after part E (as added
15 by section 333(c) of this Act) the following new part:
16 ‘‘PART F—MISCELLANEOUS
17 ‘‘SEC. 861. STATE PROGRAMS.
18 ‘‘Notwithstanding section 116, no State or political
19 subdivision thereof shall implement or enforce a cap and
20 trade program that covers any capped emissions emitted
21 during the years 2012 through 2017. For purposes of this
22 section, the term ‘cap and trade program’ means a system
23 of greenhouse gas regulation under which a State or polit24
ical subdivision issues a limited number of tradable instru25
ments in the nature of emission allowances and requires
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00848 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
849
H.L.C.
1 that sources within its jurisdiction surrender such
2 tradeable instruments for each unit of greenhouse gases
3 emitted during a compliance period. For purposes of this
4 section, a ‘cap-and-trade program’ does not include a tar5
get or limit on greenhouse gas emissions adopted by a
6 State or political subdivision that is implemented other
7 than through the issuance and surrender of a limited num8
ber of tradable instruments in the nature of emission al9
lowances, nor does it include any other standard, limit,
10 regulation, or program to reduce greenhouse gas emissions
11 that is not implemented through the issuance and sur12
render of a limited number of tradeable instruments in
13 the nature of emission allowances. For purposes of this
14 section, the term ‘cap and trade program’ does not in15
clude, among other things, fleet-wide motor vehicle emis16
sion requirements that allow greater emissions with in17
creased vehicle production, or requirements that fuels, or
18 other products, meet an average pollution emission rate
19 or lifecycle greenhouse gas standard.
20 ‘‘SEC. 862. GRANTS FOR SUPPORT OF AIR POLLUTION CON21
TROL PROGRAMS.
22 ‘‘The Administrator is authorized to make grants to
23 air pollution control agencies pursuant to section 105 for
24 purposes of assisting in the implementation of programs
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00849 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
850
H.L.C.
1 to address global warming established under the Safe Cli2
mate Act.’’.
3 SEC. 336. ENFORCEMENT.
4 (a) REMAND.—Section 307(b) of the Clean Air Act
5 (42 U.S.C. 7607(b)) is amended by adding the following
6 new paragraphs at the end thereof:
7 ‘‘(3) If the court determines that any action of
8 the Administrator is arbitrary, capricious, or other9
wise unlawful, the court may remand such action,
10 without vacatur, if vacatur would impair or delay
11 protection of the environment or public health or
12 otherwise undermine the timely achievement of the
13 purposes of this Act.
14 ‘‘(4) If the court determines that any action of
15 the Administrator is arbitrary, capricious, or other16
wise unlawful, and remands the matter to the Ad17
ministrator, the Administrator shall complete final
18 action on remand within an expeditious time period
19 no longer than the time originally allowed for the ac20
tion or one year, whichever is less, unless the court
21 on motion determines that a shorter or longer period
22 is necessary, appropriate, and consistent with the
23 purposes of this Act. The court of appeals shall have
24 jurisdiction to enforce a deadline for action on re25
mand under this subparagraph.’’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00850 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
851
H.L.C.
1 (b) PETITION FOR RECONSIDERATION.—Section
2 307(d)(7)(B) of the Clean Air Act (42 U.S.C.
3 7607(d)(7)(B)) is amended as follows:
4 (1) By inserting after the second sentence ‘‘If
5 a petition for reconsideration is filed, the Adminis6
trator shall take final action on such petition, in7
cluding promulgation of final action either revising
8 or determining not to revise the action for which re9
consideration is sought, within 150 days after the
10 petition is received by the Administrator or the peti11
tion shall be deemed denied for the purpose of judi12
cial review.’’.
13 (2) By amending the third sentence to read as
14 follows: ‘‘Such person may seek judicial review of
15 such denial, or of any other final action, by the Ad16
ministrator, in response to a petition for reconsider17
ation, in the United States court of appeals for the
18 appropriate circuit (as provided in subsection (b)).’’.
19 SEC. 337. CONFORMING AMENDMENTS.
20 (a) FEDERAL ENFORCEMENT.—Section 113 of the
21 Clean Air Act (42 U.S.C. 7413) is amended as follows:
22 (1) In subsection (a)(3), by striking ‘‘or title
23 VI,’’ and inserting ‘‘title VI, title VII, or title VIII’’.
24 (2) In subsection (b), by striking ‘‘or a major
25 stationary source’’ and inserting ‘‘a major stationary
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00851 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
852
H.L.C.
1 source, or a covered EGU under title VIII’’ in the
2 material preceding paragraph (1).
3 (3) In paragraph (2) of subsection (b), by strik4
ing ‘‘or title VI’’ and inserting ‘‘title VI, title VII,
5 or title VIII’’.
6 (4) In subsection (c)—
7 (A) in the first sentence of paragraph (1),
8 by striking ‘‘or title VI (relating to strato9
spheric ozone control),’’ and inserting ‘‘title VI,
10 title VII, or title VIII,’’; and
11 (B) in the first sentence of paragraph (3),
12 by striking ‘‘or VI’’ and inserting ‘‘VI, VII, or
13 VIII’’.
14 (5) In subsection (d)(1)(B), by striking ‘‘or VI’’
15 and inserting ‘‘VI, VII, or VIII’’.
16 (6) In subsection (f), in the first sentence, by
17 striking ‘‘or VI’’ and inserting ‘‘VI, VII, or VIII’’.
18 (b) RETENTION OF STATE AUTHORITY.—Section
19 116 of the Clean Air Act (42 U.S.C. 7416) is amended
20 as follows:
21 (1) By striking ‘‘and 233’’ and inserting ‘‘233’’.
22 (2) By striking ‘‘of moving sources)’’ and in23
serting ‘‘of moving sources), and 861 (preempting
24 certain State greenhouse gas programs for a limited
25 time)’’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00852 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
853
H.L.C.
1 (c) INSPECTIONS, MONITORING, AND ENTRY.—Sec2
tion 114(a) of the Clean Air Act (42 U.S.C. 7414(a)) is
3 amended by striking ‘‘section 112,’’ and all that follows
4 through ‘‘(ii)’’ and inserting the following: ‘‘section 112,
5 or any regulation of greenhouse gas emissions under title
6 VII or VIII, (ii)’’.
7 (d) ENFORCEMENT.—Subsection (f) of section 304 of
8 the Clean Air Act (42 U.S.C. 7604(f)) is amended as fol9
lows:
10 (1) By striking ‘‘; or’’ at the end of paragraph
11 (3) thereof and inserting a comma.
12 (2) By striking the period at the end of para13
graph (4) thereof and inserting ‘‘, or’’.
14 (3) By adding the following after paragraph (4)
15 thereof:
16 ‘‘(5) any requirement of title VII or VIII.’’.
17 (e) ADMINISTRATIVE PROCEEDINGS AND JUDICIAL
18 REVIEW.—Section 307 of the Clean Air Act (42 U.S.C.
19 7607) is amended as follows:
20 (1) In subsection (a), by striking ‘‘, or section
21 306’’ and inserting ‘‘section 306, or title VII or
22 VIII’’.
23 (2) In subsection (b)(1)—
24 (A) by striking ‘‘,,’’ and inserting ‘‘,’’ in
25 each place such punctuation appears; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00853 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
854
H.L.C.
1 (B) by striking ‘‘section 120,’’ in the first
2 sentence and inserting ‘‘section 120, any final
3 action under title VII or VIII,’’.
4 (3) In subsection (d)(1) by amending subpara5
graph (S) to read as follows:
6 ‘‘(S) the promulgation or revision of any
7 regulation under title VII or VIII,’’.
8 SEC. 338. DAVIS-BACON COMPLIANCE.
9 (a) IN GENERAL.—Notwithstanding any other provi10
sion of law and in a manner consistent with other provi11
sions in this Act, to receive emission allowances or funding
12 under this Act, or the amendments made by this Act, the
13 recipient shall provide reasonable assurances that all la14
borers and mechanics employed by contractors and sub15
contractors on projects funded directly by or assisted in
16 whole or in part by and through the Federal Government
17 pursuant to this Act, or the amendments made by this
18 Act, or by any entity established in accordance with this
19 Act, or the amendments made by this Act, including the
20 Carbon Storage Research Corporation, will be paid wages
21 at rates not less than those prevailing on projects of a
22 character similar in the locality as determined by the Sec23
retary of Labor in accordance with subchapter IV of chap24
ter 31 of title 40, United States Code (commonly known
25 as the ‘‘Davis-Bacon Act’’). With respect to the labor
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00854 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
855
H.L.C.
1 standards specified in this section, the Secretary of Labor
2 shall have the authority and functions set forth in Reorga3
nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5
4 U.S.C. App.) and section 3145 of title 40, United States
5 Code.
6 (b) EXEMPTION.—Neither subsection (a) nor the re7
quirements of subchapter IV of chapter 31 of title 40,
8 United States Code, shall apply to retrofitting of the fol9
lowing:
10 (1) Single family homes (both attached and de11
tached) under section 202.
12 (2) Owner-occupied residential units in larger
13 buildings that have their own dedicated space-condi14
tioning systems under section 202.
15 (3) Residential buildings (as defined in section
16 202(a)(5)) if designed for residential use by less
17 than 4 families.
18 (4) Nonresidential buildings (as defined in sec19
tion 202(a)(1)) if the net interior space of such non20
residential building is less than 6,500 square feet.
21 SEC. 339. NATIONAL STRATEGY FOR DOMESTIC BIOLOGI22
CAL CARBON SEQUESTRATION.
23 Not later than 1 year after the date of enactment
24 of this Act, the Administrator of the Environmental Pro25
tection Agency, in consultation with the Secretary of En-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00855 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
856
H.L.C.
1 ergy, the Secretary of Agriculture, the Secretary of the
2 Interior, and the heads of such other relevant Federal
3 agencies as the President may designate, shall submit to
4 Congress a report setting forth a unified and comprehen5
sive strategy to address the key legal, regulatory, techno6
logical, and other barriers to maximizing the potential for
7 sustainable biological sequestration of carbon within the
8 United States.



And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE III - Reducing Global Warming Pollution
===================================================
Subtitle D: Carbon Market Assurance
===================================================

9 Subtitle D—Carbon Market
10 Assurance
11 SEC. 341. CARBON MARKET ASSURANCE.
12 (a) AMENDMENT.—The Federal Power Act (16
13 U.S.C. 791a and following) is amended by adding at the
14 end the following:
15 ‘‘PART IV—CARBON MARKET ASSURANCE
16 ‘‘SEC. 401. OVERSIGHT AND ASSURANCE OF CARBON MAR17
KETS.
18 ‘‘(a) DEFINITIONS.—In this section:
19 ‘‘(1) CONTRACT OF SALE.—The term ‘contract
20 of sale’ includes sales, agreements of sale, and
21 agreements to sell.
22 ‘‘(2) COVERED ENTITY.—The term ‘covered en23
tity’ shall have the meaning given in section 700 of
24 the Clean Air Act.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00856 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
857
H.L.C.
1 ‘‘(3) FUTURE DELIVERY.—The term ‘future de2
livery’ does not include any sale of any cash com3
modity for deferred shipment or delivery.
4 ‘‘(4) OFFSET CREATION CONTRACT.—The term
5 ‘offset creation contract’ mean a written agreement
6 for the origination and development of an offset
7 project, and the related issuance of offset credits,
8 pursuant to title VII of the Clean Air Act.
9 ‘‘(5) REGULATED ALLOWANCE.—The term ‘reg10
ulated allowance’ means any emission allowance,
11 compensatory allowance, offset credit, or Federal re12
newable electricity credit established or issued under
13 the American Clean Energy and Security Act of
14 2009.
15 ‘‘(6) REGULATED ALLOWANCE DERIVATIVE.—
16 The term ‘regulated allowance derivative’ means an
17 instrument that is, or includes, an instrument—
18 ‘‘(A) which—
19 ‘‘(i) is of the character of, or is com20
monly known to the trade as, a ‘put op21
tion’, ‘call option’, ‘privilege’, ‘indemnity’,
22 ‘advance guaranty’, ‘decline guaranty’, or
23 ‘swap agreement’; or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00857 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
858
H.L.C.
1 ‘‘(ii) is a contract of sale for future
2 delivery other than an offset creation con3
tract; and
4 ‘‘(B) the value of which, in whole or in
5 part, is expressly linked to the price of a regu6
lated allowance or another regulated allowance
7 derivative.
8 ‘‘(7) REGULATED INSTRUMENT.—The term
9 ‘regulated instrument’ means a regulated allowance
10 or a regulated allowance derivative.
11 ‘‘(b) REGULATED ALLOWANCE MARKET.—
12 ‘‘(1) AUTHORITY.—The Commission shall pro13
mulgate regulations for the establishment, operation,
14 and oversight of markets for regulated allowances
15 not later than 18 months after the date of the enact16
ment of this section, and from time to time there17
after as may be appropriate.
18 ‘‘(2) REGULATIONS.—The regulations promul19
gated pursuant to paragraph (1) shall—
20 ‘‘(A) provide for effective and comprehen21
sive market oversight;
22 ‘‘(B) prohibit fraud, market manipulation
23 (including an entity’s fraudulent or manipula24
tive conduct with respect to regulated allowance
25 derivatives that benefits the entity in regulated
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00858 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
859
H.L.C.
1 allowance markets), and excess speculation, and
2 provide measures to limit unreasonable fluctua3
tion in the prices of regulated allowances;
4 ‘‘(C) facilitate compliance with title VII of
5 the Clean Air Act by covered entities;
6 ‘‘(D) ensure market transparency and rec7
ordkeeping deemed necessary and appropriate
8 by the Commission to provide for efficient price
9 discovery; prevention of fraud, market manipu10
lation, and excess speculation; and compliance
11 with title VII of the Clean Air Act and section
12 610 of the Public Utility Regulatory Policies
13 Act of 1978;
14 ‘‘(E) as necessary, ensure that position
15 limitations for individual market participants
16 are established with respect to each class of
17 regulated allowances;
18 ‘‘(F) as necessary, ensure that margin re19
quirements are established for each class of reg20
ulated allowances;
21 ‘‘(G) provide for the formation and oper22
ation of a fair, orderly and liquid national mar23
ket system that allows for the best execution in
24 the trading of regulated allowances;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00859 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
860
H.L.C.
1 ‘‘(H) limit or eliminate counterparty risks,
2 market power concentration risks, and other
3 risks associated with over-the-counter trading;
4 and
5 ‘‘(I) establish standards for qualification
6 as, and operation of, trading facilities for regu7
lated allowances;
8 ‘‘(J) establish standards for qualification
9 as, and operation of, clearing organizations for
10 trading facilities for regulated allowances; and
11 ‘‘(K) include such other requirements as
12 necessary to preserve market integrity and fa13
cilitate compliance with title VII of the Clean
14 Air Act and section 610 of the Public Utility
15 Regulatory Policies Act of 1978 and the regula16
tions promulgated under such title and such
17 section.
18 ‘‘(3) ENFORCEMENT.—
19 ‘‘(A) IN GENERAL.—If the Commission de20
termines, after notice and an opportunity for a
21 hearing on the record, that any entity has vio22
lated any rule or order issued by the Commis23
sion under this subsection, the Commission may
24 issue an order—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00860 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
861
H.L.C.
1 ‘‘(i) prohibiting the entity from trad2
ing on a trading facility for regulated al3
lowances registered with the Commission,
4 and requiring all such facilities to refuse
5 the entity all privileges for such period as
6 may be specified in the order;
7 ‘‘(ii) if the entity is registered with
8 the Commission in any capacity, sus9
pending for a period of not more than 6
10 months, or revoking, the registration of the
11 entity;
12 ‘‘(iii) assessing the entity a civil pen13
alty of not more than $1,000,000 per day
14 per violation for as long as the violation
15 continues (and in determining the amount
16 of a civil penalty, the Commission shall
17 take into account the nature and serious18
ness of the violation and the efforts to
19 remedy the violation); and
20 ‘‘(iv) requiring disgorgement of unjust
21 profits, restitution to entities harmed by
22 the violation as determined by the Com23
mission, or both.
24 ‘‘(B) AUTHORITY TO SUSPEND OR REVOKE
25 REGISTRATION.—The Commission may suspend
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00861 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
862
H.L.C.
1 for a period of not more than 6 months, or re2
voke, the registration of a trading facility for
3 regulated allowances or of a clearing organiza4
tion registered by the Commission if, after no5
tice and opportunity for a hearing on the
6 record, the Commission finds that—
7 ‘‘(i) the entity violated any rule or
8 order issued by the Commission under this
9 subsection; or
10 ‘‘(ii) a director, officer, employee, or
11 agent of the entity has violated any rule or
12 order issued by the Commission under this
13 subsection.
14 ‘‘(C) CEASE AND DESIST PROCEEDINGS.—
15 ‘‘(i) IN GENERAL.—If the Commission
16 determines that any entity may be vio17
lating, may have violated, or may be about
18 to violate any provision of this part, or any
19 regulation promulgated by, or any restric20
tion, condition, or order made or imposed
21 by, the Commission under this Act, and if
22 the Commission finds that the alleged vio23
lation or threatened violation, or the con24
tinuation of the violation, is likely to result
25 in significant harm to covered entities or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00862 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
863
H.L.C.
1 market participants, or significant harm to
2 the public interest, the Commission may
3 issue a temporary order requiring the enti4
ty—
5 ‘‘(I) to cease and desist from the
6 violation or threatened violation;
7 ‘‘(II) to take such action as is
8 necessary to prevent the violation or
9 threatened violation; and
10 ‘‘(III) to prevent, as the Commis11
sion determines to be appropriate—
12 ‘‘(aa) significant harm to
13 covered entities or market par14
ticipants;
15 ‘‘(bb) significant harm to
16 the public interest; and
17 ‘‘(cc) frustration of the abil18
ity of the Commission to conduct
19 the proceedings or to redress the
20 violation at the conclusion of the
21 proceedings.
22 ‘‘(ii) TIMING OF ENTRY.—An order
23 issued under clause (i) shall be entered
24 only after notice and opportunity for a
25 hearing, unless the Commission determines
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00863 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
864
H.L.C.
1 that notice and hearing before entry would
2 be impracticable or contrary to the public
3 interest.
4 ‘‘(iii) EFFECTIVE DATE.—A tem5
porary order issued under clause (i)
6 shall—
7 ‘‘(I) become effective upon serv8
ice upon the entity; and
9 ‘‘(II) unless set aside, limited, or
10 suspended by the Commission or a
11 court of competent jurisdiction, re12
main effective and enforceable pend13
ing the completion of the proceedings.
14 ‘‘(D) PROCEEDINGS REGARDING DISSIPA15
TION OR CONVERSION OF ASSETS.—
16 ‘‘(i) IN GENERAL.—In a proceeding
17 involving an alleged violation of a regula18
tion or order promulgated or issued by the
19 Commission, if the Commission determines
20 that the alleged violation or related cir21
cumstances are likely to result in signifi22
cant dissipation or conversion of assets,
23 the Commission may issue a temporary
24 order requiring the respondent to take
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00864 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
865
H.L.C.
1 such action as is necessary to prevent the
2 dissipation or conversion of assets.
3 ‘‘(ii) TIMING OF ENTRY.—An order
4 issued under clause (i) shall be entered
5 only after notice and opportunity for a
6 hearing, unless the Commission determines
7 that notice and hearing before entry would
8 be impracticable or contrary to the public
9 interest.
10 ‘‘(iii) EFFECTIVE DATE.—A tem11
porary order issued under clause (i)
12 shall—
13 ‘‘(I) become effective upon serv14
ice upon the respondent; and
15 ‘‘(II) unless set aside, limited, or
16 suspended by the Commission or a
17 court of competent jurisdiction, re18
main effective and enforceable pend19
ing the completion of the proceedings.
20 ‘‘(E) REVIEW OF TEMPORARY ORDERS.—
21 ‘‘(i) APPLICATION FOR REVIEW.—At
22 any time after a respondent has been
23 served with a temporary cease-and-desist
24 order pursuant to subparagraph (C) or
25 order regarding the dissipation or conver-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00865 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
866
H.L.C.
1 sion of assets pursuant to subparagraph
2 (D), the respondent may apply to the Com3
mission to have the order set aside, lim4
ited, or suspended.
5 ‘‘(ii) NO PRIOR HEARING.—If a re6
spondent has been served with a temporary
7 order entered without a prior hearing of
8 the Commission—
9 ‘‘(I) the respondent may, not
10 later than 10 days after the date on
11 which the order was served, request a
12 hearing on the application; and
13 ‘‘(II) the Commission shall hold a
14 hearing and render a decision on the
15 application at the earliest practicable
16 time.
17 ‘‘(iii) JUDICIAL REVIEW.—
18 ‘‘(I) IN GENERAL.—An entity
19 shall not be required to submit a re20
quest for rehearing of a temporary
21 order before seeking judicial review in
22 accordance with this subparagraph.
23 ‘‘(II) TIMING OF REVIEW.—Not
24 later than 10 days after the date on
25 which a respondent is served with a
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00866 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
867
H.L.C.
1 temporary cease-and-desist order en2
tered with a prior hearing of the Com3
mission, or 10 days after the date on
4 which the Commission renders a deci5
sion on an application and hearing
6 under clause (i) with respect to any
7 temporary order entered without such
8 a prior hearing—
9 ‘‘(aa) the respondent may
10 obtain a review of the order in a
11 United States circuit court hav12
ing jurisdiction over the circuit in
13 which the respondent resides or
14 has a principal place of business,
15 or in the United States Court of
16 Appeals for the District of Co17
lumbia Circuit, for an order set18
ting aside, limiting, or sus19
pending the effectiveness or en20
forcement of the order; and
21 ‘‘(bb) the court shall have
22 jurisdiction to enter such an
23 order.
24 ‘‘(III) NO PRIOR HEARING.—A
25 respondent served with a temporary
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00867 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
868
H.L.C.
1 order entered without a prior hearing
2 of the Commission may not apply to
3 the applicable court described in sub4
clause (II) except after a hearing and
5 decision by the Commission on the ap6
plication of the respondent under
7 clauses (i) and (ii).
8 ‘‘(iv) PROCEDURES.—Section 222 and
9 Part III shall apply to—
10 ‘‘(I) an application for review of
11 an order under clause (i); and
12 ‘‘(II) an order subject to review
13 under clause (iii).
14 ‘‘(v) NO AUTOMATIC STAY OF TEM15
PORARY ORDER.—The commencement of
16 proceedings under clause (iii) shall not, un17
less specifically ordered by the court, oper18
ate as a stay of the order of the Commis19
sion.
20 ‘‘(F) ACTIONS TO COLLECT CIVIL PEN21
ALTIES.—If any person fails to pay a civil pen22
alty assessed under this subsection after an
23 order assessing the penalty has become final
24 and unappealable, the Commission shall bring
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00868 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
869
H.L.C.
1 an action to recover the amount of the penalty
2 in any appropriate United States district court.
3 ‘‘(4) TRANSACTION FEES.—
4 ‘‘(A) IN GENERAL.—The Commission
5 shall, in accordance with this paragraph, estab6
lish and collect transaction fees designed to re7
cover the costs to the Federal Government of
8 the supervision and regulation of regulated al9
lowance markets and market participants, in10
cluding related costs for enforcement activities,
11 policy and rulemaking activities, administration,
12 legal services, and international regulatory ac13
tivities.
14 ‘‘(B) INITIAL FEE RATE.—Each trading
15 facility on or through which regulated allow16
ances are transacted shall pay to the Commis17
sion a fee at a rate of not more than $15 per
18 $1,000,000 of the aggregate dollar amount of
19 sales of regulated allowances transacted
20 through the facility.
21 ‘‘(C) ANNUAL ADJUSTMENT OF FEE
22 RATE.—The Commission shall, on an annual
23 basis—
24 ‘‘(i) assess the rate at which fees are
25 to be collected as necessary to meet the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00869 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
870
H.L.C.
1 cost recovery requirement in subparagraph
2 (A); and
3 ‘‘(ii) consistent with subparagraph
4 (B), adjust the rate as necessary in order
5 to meet the requirement.
6 ‘‘(D) REPORT ON ADEQUACY OF FEES IN
7 RECOVERING COSTS.—The Commission, shall,
8 on an annual basis, report to the Committee on
9 Energy and Commerce of the House of Rep10
resentatives and the Committee on Energy and
11 Natural Resources of the Senate on the ade12
quacy of the transaction fees in providing fund13
ing for the Commission to regulate the regu14
lated allowance markets.
15 ‘‘(5) JUDICIAL REVIEW.—Judicial review of ac16
tions taken by the Commission under this subsection
17 shall be pursuant to part III.
18 ‘‘(6) INFORMATION-SHARING.—Within 6
19 months after a Federal agency with jurisdiction over
20 regulated allowance derivatives is delegated author21
ity pursuant to subsection (c)(1), the agency shall
22 enter into a memorandum of understanding with the
23 Commission relating to information sharing, which
24 shall include provisions ensuring that information re25
quests to markets within the respective jurisdiction
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00870 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
871
H.L.C.
1 of the agency are properly coordinated to facilitate,
2 among other things, effective information-sharing
3 while minimizing duplicative information requests,
4 and provisions regarding the treatment of propri5
etary information.
6 ‘‘(7) ADDITIONAL EMPLOYEES REPORT AND AP7
POINTMENT.—Within 18 months after the date of
8 the enactment of this section, the Commission shall
9 submit to the President, the Committee on Energy
10 and Commerce of the House of Representatives, and
11 the Committee on Energy and Natural Resources of
12 the Senate, a report that contains recommendations
13 as to how many additional employees would be nec14
essary to provide robust oversight and enforcement
15 of the regulations promulgated under this sub16
section. As soon as practicable after the completion
17 of the report, subject to appropriations, the Commis18
sion shall appoint the recommended number of addi19
tional employees for such purposes.
20 ‘‘(c) DELEGATION OF AUTHORITY BY THE PRESI21
DENT.—
22 ‘‘(1) DELEGATION.—The President, taking into
23 consideration the recommendations of the inter24
agency working group established in subsection (d),
25 shall delegate to members of the working group and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00871 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
872
H.L.C.
1 the heads of other appropriate Federal agencies the
2 authority to promulgate regulations for the estab3
lishment, operation, and oversight of all markets for
4 regulated allowance derivatives.
5 ‘‘(2) REGULATIONS.—The regulations promul6
gated pursuant to paragraph (1) shall—
7 ‘‘(A) provide for effective and comprehen8
sive market oversight;
9 ‘‘(B) prohibit fraud, market manipulation,
10 and excess speculation, and provide measures to
11 limit unreasonable fluctuation in the prices of
12 regulated allowance derivatives;
13 ‘‘(C) facilitate compliance with title VII of
14 the Clean Air Act by covered entities;
15 ‘‘(D) ensure market transparency and rec16
ordkeeping necessary to provide for efficient
17 price discovery; prevention of fraud, market ma18
nipulation, and excess speculation; and compli19
ance with title VII of the Clean Air Act and
20 section 610 of the Public Utility Regulatory
21 Policies Act of 1978;
22 ‘‘(E) ensure that position limitations for
23 individual market participants are established
24 with respect to each regulated allowance deriva25
tive and aggregate position limitations for indi-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00872 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
873
H.L.C.
1 vidual market participants are established with
2 respect to all regulated allowance derivative
3 markets;
4 ‘‘(F) ensure that margin requirements are
5 established for each regulated allowance deriva6
tive;
7 ‘‘(G) provide for the formation and oper8
ation of a market system that allows for best
9 execution in the trading of regulated allowance
10 derivatives;
11 ‘‘(H) to the extent the regulations deviate
12 from the rule set forth in paragraph (4)(B),
13 limit or eliminate counterparty risks, market
14 power concentration risks, and other risks asso15
ciated with over-the-counter trading, and pro16
mulgate reporting and market transparency
17 rules for large traders;
18 ‘‘(I) ensure that market participants do
19 not evade position limits or otherwise under20
mine the integrity and effectiveness of the regu21
lations promulgated under subparagraph (C)
22 through participation in markets not subject to
23 the position limits and regulations;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00873 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
874
H.L.C.
1 ‘‘(J) establish standards, as necessary, for
2 qualification as, and operation of, trading facili3
ties for regulated allowance derivatives;
4 ‘‘(K) establish standards, as necessary, for
5 qualification as, and operation of, clearing orga6
nizations for trading facilities for regulated al7
lowance derivatives;
8 ‘‘(L) provide boards of trade designated as
9 contract markets under the Commodity Ex10
change Act, and market participants, with an
11 adequate transition period for compliance with
12 any new regulatory requirements established
13 under this paragraph;
14 ‘‘(M) determine whether and to what ex15
tent offset creation contracts, to the extent in16
corporating regulated allowance derivatives,
17 should be governed by the same regulations
18 that apply to other regulated allowance deriva19
tives; and
20 ‘‘(N) include such other requirements as
21 necessary to preserve market integrity and fa22
cilitate compliance with title VII of the Clean
23 Air Act and section 610 of the Public Utility
24 Regulatory Policies Act of 1978 and the regula-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00874 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
875
H.L.C.
1 tions promulgated under such title and such
2 section.
3 ‘‘(3) DEADLINE.—The agencies authorized to
4 promulgate regulations for the establishment, oper5
ation, and oversight of markets for regulated allow6
ance derivatives pursuant to paragraph (1) shall
7 promulgate such regulations not later than 18
8 months after the date of the enactment of this sec9
tion, and from time to time thereafter as may be ap10
propriate.
11 ‘‘(4) DEFAULT RULES.—
12 ‘‘(A) An individual market participant, di13
rectly or in concert with another participant,
14 shall not control more than 10 percent of the
15 open interest in any regulated allowance deriva16
tive.
17 ‘‘(B) All contracts for the purchase or sale
18 of any regulated allowance derivative shall be
19 executed on or through a board of trade des20
ignated as a contract market under the Com21
modity Exchange Act.
22 ‘‘(C) To the extent that regulations pro23
mulgated under this subsection provide dif24
ferent rules with respect to the matters de25
scribed in subparagraph (A) or (B), the regula-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00875 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
876
H.L.C.
1 tions shall supersede subparagraph (A) or (B),
2 as the case may be.
3 ‘‘(d) WORKING GROUP.—
4 ‘‘(1) ESTABLISHMENT.—Not later than 30 days
5 after the date of the enactment of this section, the
6 President shall establish an interagency working
7 group on carbon market oversight, which shall in8
clude the Administrator of the Environmental Pro9
tection Agency and representatives of other relevant
10 agencies, to make recommendations to the President
11 regarding proposed regulations for the establish12
ment, operation, and oversight of markets for regu13
lated allowance derivatives.
14 ‘‘(2) REPORT.—Not later than 180 days after
15 the date of the enactment of this section, and bienni16
ally thereafter, the interagency working group shall
17 submit a written report to the President and Con18
gress that includes its recommendations to the
19 President regarding proposed regulations for the es20
tablishment, operation, and oversight of markets for
21 regulated allowance derivatives and any rec22
ommendations to Congress for statutory changes
23 needed to ensure the establishment, operation, and
24 oversight of transparent, fair, stable, and efficient
25 markets for regulated allowance derivatives.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00876 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
877
H.L.C.
1 ‘‘(e) ENFORCEMENT OF REGULATIONS.—Each Fed2
eral agency that promulgates under subsection (c) a regu3
lation of conduct with respect to a regulated allowance de4
rivative shall have the same authority to enforce compli5
ance with the regulation as the Commodity Futures Trad6
ing Commission has to enforce compliance with any regu7
lation of similar conduct with respect to a contract, agree8
ment, or transaction over which the Commodity Futures
9 Trading Commission has jurisdiction, except that any en10
forcement by the Federal Energy Regulatory Commission
11 shall be pursuant to section 222 and Part III.
12 ‘‘(f) PENALTY FOR FRAUD AND FALSE OR MIS13
LEADING STATEMENTS.—A person convicted under sec14
tion 1041 of title 18, United States Code, may be prohib15
ited from holding or trading regulated allowances for a
16 period of not more than 5 years pursuant to the regula17
tions promulgated under this section, except that, if the
18 person is a covered entity, the person shall be allowed to
19 hold sufficient regulated allowances to meet its compliance
20 obligations.
21 ‘‘(g) RELATION TO STATE LAW.—Nothing in this
22 section shall preclude, diminish or qualify any authority
23 of a State or political subdivision thereof to adopt or en24
force any unfair competition, antitrust, consumer protec25
tion, securities, commodities or any other law or regula-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00877 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
878
H.L.C.
1 tion, except that no such State law or regulation may re2
lieve any person of any requirement otherwise applicable
3 under this section.
4 ‘‘(h) MARKET REPORTS.—
5 ‘‘(1) COLLECTION AND ANALYSIS OF INFORMA6
TION.—The Commission, in conjunction with the
7 Federal agency with jurisdiction over regulated al8
lowance derivatives pursuant to subsection (c)(1),
9 shall, on a continuous basis, collect and analyze the
10 following information on the functioning of the mar11
kets for regulated instruments established under this
12 part:
13 ‘‘(A) The status of, and trends in, the
14 markets, including prices, trading volumes,
15 transaction types, and trading channels and
16 mechanisms.
17 ‘‘(B) Spikes, collapses, and volatility in
18 prices of regulated instruments, and the causes
19 therefor.
20 ‘‘(C) The relationship between the market
21 for regulated allowances and allowance deriva22
tives, and the spot and futures markets for en23
ergy commodities, including electricity.
24 ‘‘(D) Evidence of fraud or manipulation in
25 any such market, the effects on any such mar-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00878 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
879
H.L.C.
1 ket of any such fraud or manipulation (or
2 threat of fraud or manipulation) that the Com3
mission, in conjunction with the Federal agen4
cy, has identified, and the effectiveness of cor5
rective measures undertaken by the Commis6
sion, in conjunction with the Federal agency, to
7 address the fraud, manipulation, or threat.
8 ‘‘(E) The economic effects of the markets,
9 including to macro- and micro-economic effects
10 of unexpected significant increases and de11
creases in the price of regulated instruments.
12 ‘‘(F) Any changes in the roles, activities,
13 or strategies of various market participants.
14 ‘‘(G) Regional, industrial, and consumer
15 responses to the markets, and energy invest16
ment responses to the markets.
17 ‘‘(H) Any other issue related to the mar18
kets that the Commission, in conjunction with
19 the entities, deems appropriate.
20 ‘‘(2) ANNUAL REPORTS TO THE CONGRESS.—
21 Not later than 1 month after the end of each cal22
endar year, the Commission, in conjunction with the
23 Federal agency, shall submit to the President, the
24 Committee on Energy and Commerce of the House
25 of Representatives, and the Committee on Energy
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00879 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
880
H.L.C.
1 and Natural Resources of the Senate, and make
2 available to the public, a report on the matters de3
scribed in paragraph (1) with respect to the year, in4
cluding recommendations for any administrative or
5 statutory measures the Commission, in conjunction
6 with the Federal agency, considers necessary to ad7
dress any threats to the transparency, fairness, or
8 integrity of the markets in regulated instruments.
9 ‘‘SEC. 402. APPLICABILITY OF PART III PROVISIONS.
10 ‘‘(a) SECTIONS 301, 304, AND 306.—Sections 301,
11 304, and 306 shall not apply to this part.
12 ‘‘(b) SECTIONS 307, 309, AND 314.—Sections 307,
13 309, and 314 shall only apply to section 401(c) to the ex14
tent that the Commission is delegated authority to pro15
mulgate regulations for the establishment, operation, and
16 oversight of markets for regulated allowance derivatives
17 (as defined in section 401). If the Commission is not dele18
gated authority to promulgate regulations for the estab19
lishment, operation, and oversight of markets for regu20
lated allowance derivatives, sections 307, 309, and 314
21 shall not apply to section 401(f) in the case of regulated
22 allowance derivatives.
23 ‘‘(c) SECTION 315.—In applying section 315(a) to
24 this part, the words ‘‘person or entity’’ shall be substituted
25 for the words ‘‘licensee or public utility’’. In applying sec-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00880 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
881
H.L.C.
1 tion 315(b) to this part, the words ‘‘an entity’’ shall be
2 substituted for the words ‘‘a licensee or public utility’’ and
3 the words ‘‘such entity’’ shall be substituted for the words
4 ‘‘such licensee or public utility.’’
5 ‘‘(d) SECTION 316.—Section 316(a) shall not apply
6 to section 401(f).’’.
7 (b) CRIMINAL PROHIBITION AGAINST FRAUD AND
8 FALSE OR MISLEADING STATEMENTS.—
9 (1) Chapter 47 of title 18, United States Code,
10 is amended by adding at the end the following:
11 ‘‘§ 1041. Fraud and false statements in connection
12 with regulated allowances
13 ‘‘Whoever in connection with a transaction involving
14 a regulated allowance (as defined in section 401(a) of the
15 Federal Power Act, as added by section 341 of the Amer16
ican Clean Energy and Security Act of 2009), know17
ingly—
18 ‘‘(1) makes or uses a materially false or mis19
leading statement, writing, representation, scheme,
20 or device; or
21 ‘‘(2) falsifies, conceals, or covers up by any
22 trick, scheme, or device any material fact,
23 shall be fined not more than $5,000,000 (or $25,000,000
24 in the case of an organization) or imprisoned not more
25 than 20 years, or both.’’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00881 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
882
H.L.C.
1 (2) The table of sections at the beginning of
2 chapter 47 of title 18, United States Code, is
3 amended by adding at the end the following new
4 item:
‘‘1041. Fraud and false statements in connection with regulated allowances.’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE III - Reducing Global Warming Pollution
===================================================
Subtitle E: Additional Market Assurance
===================================================

5 Subtitle E—Additional Market
6 Assurance
7 SEC. 351. REGULATION OF CERTAIN TRANSACTIONS IN DE8
RIVATIVES INVOLVING ENERGY COMMOD9
ITIES.
10 (a) ENERGY COMMODITY DEFINED.—Section 1a of
11 the Commodity Exchange Act (7 U.S.C. 1a) is amended—
12 (1) in paragraph (14), by inserting ‘‘, an energy
13 commodity,’’ after ‘‘excluded commodity’’;
14 (2) by redesignating paragraphs (13) through
15 (21) and paragraphs (22) through (34) as para16
graphs (14) through (22) and paragraphs (24)
17 through (36), respectively;
18 (3) by inserting after paragraph (12) the fol19
lowing:
20 ‘‘(13) ENERGY COMMODITY.—The term ‘energy
21 commodity’ means—
22 ‘‘(A) coal;
23 ‘‘(B) crude oil, gasoline, diesel fuel, jet
24 fuel, heating oil, and propane;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00882 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
883
H.L.C.
1 ‘‘(C) electricity (excluding financial trans2
mission rights which are subject to regulation
3 and oversight by the Federal Energy Regu4
latory Commission);
5 ‘‘(D) natural gas; and
6 ‘‘(E) any other substance (other than an
7 excluded commodity, a metal, or an agricultural
8 commodity) that is used as a source of energy,
9 as the Commission, in its discretion, deems ap10
propriate.’’; and
11 (4) by inserting after paragraph (22) (as so re12
designated by paragraph (2) of this subsection) the
13 following:
14 ‘‘(23) INCLUDED ENERGY TRANSACTION.—The
15 term ‘included energy transaction’ means a contract,
16 agreement, or transaction in an energy commodity
17 for future delivery that provides for a delivery point
18 of the energy commodity in the United States or a
19 territory or possession of the United States, or that
20 is offered or transacted on or through a computer
21 terminal located in the United States.’’.
22 (b) EXTENSION OF REGULATORY AUTHORITY TO
23 SWAPS INVOLVING ENERGY TRANSACTIONS.—Section
24 2(g) of such Act (7 U.S.C. 2(g)) is amended by inserting
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00883 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
884
H.L.C.
1 ‘‘or an energy commodity’’ after ‘‘agricultural com2
modity’’.
3 (c) ELIMINATION OF EXEMPTION FOR OVER-THE4
COUNTER SWAPS INVOLVING ENERGY COMMODITIES.—
5 Section 2(h)(1) of such Act (7 U.S.C. 2(h)(1)) is amended
6 by inserting ‘‘(other than an energy commodity)’’ after
7 ‘‘exempt commodity’’.
8 (d) EXTENSION OF REGULATORY AUTHORITY TO IN9
CLUDED ENERGY TRANSACTIONS ON FOREIGN BOARDS
10 OF TRADE.—Section 4 of such Act (7 U.S.C. 6) is amend11
ed—
12 (1) in subsection (a), by inserting ‘‘, and which
13 is not an included energy transaction’’ after ‘‘terri14
tories or possessions’’ the 2nd place it appears; and
15 (2) in subsection (b), by adding at the end the
16 following: ‘‘The preceding sentence shall not apply
17 with respect to included energy transactions.’’.
18 (e) LIMITATION OF GENERAL EXEMPTIVE AUTHOR19
ITY OF THE CFTC WITH RESPECT TO INCLUDED EN20
ERGY TRANSACTIONS.—
21 (1) IN GENERAL.—Section 4(c) of such Act (7
22 U.S.C. 6(c)) is amended by adding at the end the
23 following:
24 ‘‘(6) The Commission may not exempt any included
25 energy transaction from the requirements of subsection
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00884 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
885
H.L.C.
1 (a), unless the Commission provides 60 days advance no2
tice to the Congress and the Position Limit Energy Advi3
sory Group and solicits public comment about the exemp4
tion request and any proposed Commission action.’’.
5 (2) NULLIFICATION OF NO-ACTION LETTER EX6
EMPTIONS TO CERTAIN REQUIREMENTS APPLICABLE
7 TO INCLUDED ENERGY TRANSACTIONS.—Beginning
8 180 days after the date of the enactment of this Act,
9 any exemption provided by the Commodity Futures
10 Trading Commission that has allowed included en11
ergy transactions (as defined in section 1a(13) of
12 the Commodity Exchange Act) to be conducted with13
out regard to the requirements of section 4(a) of
14 such Act shall be null and void.
15 (f) REQUIREMENT TO ESTABLISH UNIFORM SPECU16
LATIVE POSITION LIMITS FOR ENERGY TRANSACTIONS.—
17 (1) IN GENERAL.—Section 4a(a) of such Act (7
18 U.S.C. 6a(a)) is amended—
19 (A) by inserting ‘‘(1)’’ after ‘‘(a)’’;
20 (B) by inserting after the 2nd sentence the
21 following: ‘‘With respect to energy transactions,
22 the Commission shall fix limits on the aggre23
gate number of positions which may be held by
24 any person for each month across all markets
25 subject to the jurisdiction of the Commission.’’;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00885 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
886
H.L.C.
1 (C) in the 4th sentence by inserting ‘‘, con2
sistent with the 3rd sentence,’’ after ‘‘Commis3
sion’’; and
4 (D) by adding after and below the end the
5 following:
6 ‘‘(2)(A) Not later than 60 days after the date of the
7 enactment of this paragraph, the Commission shall con8
vene a Position Limit Energy Advisory Group consisting
9 of representatives from—
10 ‘‘(i) 7 predominantly commercial short hedgers
11 of the actual energy commodity for future delivery;
12 ‘‘(ii) 7 predominantly commercial long hedgers
13 of the actual energy commodity for future delivery;
14 ‘‘(iii) 4 non-commercial participants in markets
15 for energy commodities for future delivery; and
16 ‘‘(iv) each designated contract market or de17
rivatives transaction execution facility upon which a
18 contract in the energy commodity for future delivery
19 is traded, and each electronic trading facility that
20 has a significant price discovery contract in the en21
ergy commodity.
22 ‘‘(B) Not later than 60 days after the date on which
23 the advisory group is convened under subparagraph (A),
24 and annually thereafter, the advisory group shall submit
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00886 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
887
H.L.C.
1 to the Commission advisory recommendations regarding
2 the position limits to be established in paragraph (1).
3 ‘‘(C) The Commission shall have exclusive authority
4 to grant exemptions for bona fide hedging transactions
5 and positions from position limits imposed under this Act
6 on energy transactions.’’.
7 (2) CONFORMING AMENDMENTS.—
8 (A) SIGNIFICANT PRICE DISCOVERY CON9
TRACTS.—Section 2(h)(7) of such Act (7 U.S.C.
10 2(h)(7)) is amended—
11 (i) in subparagraph (A)—
12 (I) by inserting ‘‘of this para13
graph and section 4a(a)’’ after ‘‘(B)
14 through (D)’’; and
15 (II) by inserting ‘‘of this para16
graph’’ before the period; and
17 (ii) in subparagraph (C)(ii)(IV)—
18 (I) in the heading, by striking
19 ‘‘LIMITATIONS OR’’; and
20 (II) by striking ‘‘position limita21
tions or’’.
22 (B) CONTRACTS TRADED ON OR THROUGH
23 DESIGNATED CONTRACT MARKETS.—Section
24 5(d)(5) of such Act (7 U.S.C. 7(d)(5)) is
25 amended—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00887 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
888
H.L.C.
1 (i) in the heading by striking ‘‘LIMI2
TATIONS OR’’; and
3 (ii) by striking ‘‘position limitations
4 or’’.
5 (C) CONTRACTS TRADED ON OR THROUGH
6 DERIVATIVES TRANSACTION EXECUTION FACILI7
TIES.—Section 5a(d)(4) of such Act (7 U.S.C.
8 7a(d)(4)) is amended—
9 (i) in the heading by striking ‘‘LIMI10
TATIONS OR’’; and
11 (ii) by striking ‘‘position limits or’’.
12 (g) ELIMINATION OF THE SWAPS LOOPHOLE.—Sec13
tion 4a(c) of such Act (7 U.S.C. 6a(c)) is amended—
14 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
15 (2) by adding after and below the end the fol16
lowing:
17 ‘‘(2) For the purposes of contracts of sale for future
18 delivery and options on such contracts or commodities, the
19 Commission shall define what constitutes a bona fide
20 hedging transaction or position as a transaction or posi21
tion that—
22 ‘‘(A)(i) represents a substitute for transactions
23 made or to be made or positions taken or to be
24 taken at a later time in a physical marketing chan25
nel;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00888 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
889
H.L.C.
1 ‘‘(ii) is economically appropriate to the reduc2
tion of risks in the conduct and management of a
3 commercial enterprise; and
4 ‘‘(iii) arises from the potential change in the
5 value of—
6 ‘‘(I) assets that a person owns, produces,
7 manufactures, processes, or merchandises or
8 anticipates owning, producing, manufacturing,
9 processing, or merchandising;
10 ‘‘(II) liabilities that a person owns or an11
ticipates incurring; or
12 ‘‘(III) services that a person provides, pur13
chases, or anticipates providing or purchasing;
14 or
15 ‘‘(B) reduces risks attendant to a position re16
sulting from a transaction that—
17 ‘‘(i) was executed pursuant to subsection
18 (d), (g), (h)(1), or (h)(2) of section 2, or an ex19
emption issued by the Commission by rule, reg20
ulation or order; and
21 ‘‘(ii) was executed opposite a counterparty
22 for which the transaction would qualify as a
23 bona fide hedging transaction pursuant to para24
graph (2)(A) of this subsection.’’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00889 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
890
H.L.C.
1 (h) DETAILED REPORTING AND DISAGGREGATION OF
2 MARKET DATA.—Section 4 of such Act (7 U.S.C. 6) is
3 amended by adding at the end the following:
4 ‘‘(e) DETAILED REPORTING AND DISAGGREGATION
5 OF MARKET DATA.—
6 ‘‘(1) INDEX TRADERS AND SWAP DEALERS RE7
PORTING.—The Commission shall issue a proposed
8 rule defining and classifying index traders and swap
9 dealers (as those terms are defined by the Commis10
sion) for purposes of data reporting requirements
11 and setting routine detailed reporting requirements
12 for any positions of such entities in contracts traded
13 on designated contract markets, over-the-counter
14 markets, derivatives transaction execution facilities,
15 foreign boards of trade subject to section 4(f), and
16 electronic trading facilities with respect to signifi17
cant price discovery contracts not later than 120
18 days after the date of the enactment of this sub19
section, and issue a final rule within 180 days after
20 such date of enactment.
21 ‘‘(2) DISAGGREGATION OF INDEX FUNDS AND
22 OTHER DATA IN MARKETS.—Subject to section 8
23 and beginning within 60 days of the issuance of the
24 final rule required by paragraph (1), the Commis25
sion shall disaggregate and make public weekly—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00890 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
891
H.L.C.
1 ‘‘(A) the number of positions and total no2
tional value of index funds and other passive,
3 long-only and short-only positions (as defined
4 by the Commission) in all markets to the extent
5 such information is available; and
6 ‘‘(B) data on speculative positions relative
7 to bona fide physical hedgers in those markets
8 to the extent such information is available.
9 ‘‘(3) DISCLOSURE OF IDENTITY OF HOLDERS
10 OF POSITIONS IN INDEXES IN EXCESS OF POSITION
11 LIMITS.—The Commission shall include in its weekly
12 Commitment of Trader reports the identity of each
13 person who holds a position in an index in excess of
14 a limit imposed under section 4i.’’.
15 (i) AUTHORITY TO SET LIMITS TO PREVENT EXCES16
SIVE SPECULATION IN INDEXES.—
17 (1) IN GENERAL.—Section 4a of such Act (7
18 U.S.C. 6a) is amended by adding at the end the fol19
lowing:
20 ‘‘(f) The provisions of this section shall apply to the
21 amounts of trading which may be done or positions which
22 may be held by any person under contracts of sale of an
23 index for future delivery on or subject to the rules of any
24 contract market, derivatives transaction execution facility,
25 or over-the-counter market, or on an electronic trading fa-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00891 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
892
H.L.C.
1 cility with respect to a significant price discovery contract,
2 in the same manner in which this section applies to con3
tracts of sale of a commodity for future delivery.’’.
4 (2) REGULATIONS.—The Commodity Futures
5 Trading Commission shall issue regulations under
6 section 4a(f) of the Commodity Exchange Act within
7 180 days after the date of the enactment of this Act.
8 SEC. 352. NO EFFECT ON AUTHORITY OF THE FEDERAL EN9
ERGY REGULATORY COMMISSION.
10 Section 2 of the Commodity Exchange Act (7 U.S.C.
11 2) is amended by adding at the end the following:.
12 ‘‘(j) This Act shall not be interpreted to affect the
13 jurisdiction of the Federal Energy Regulatory Commission
14 with respect to the authority of the Federal Energy Regu15
latory Commission under the Federal Power Act (16
16 U.S.C. 791a et seq.), the Natural Gas Act (15 U.S.C. 717
17 et seq.), or other law to obtain information, carry out en18
forcement actions, or otherwise carry out the responsibil19
ities of the Federal Energy Regulatory Commission.’’.
20 SEC. 353. INSPECTOR GENERAL OF THE COMMODITY FU21
TURES TRADING COMMISSION.
22 (a) ELEVATION OF OFFICE.—
23 (1) INCLUSION OF CFTC IN DEFINITION OF ES24
TABLISHMENT.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00892 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
893
H.L.C.
1 (A) Section 12(1) of the Inspector General
2 Act of 1978 (5 U.S.C. App.) is amended by
3 striking ‘‘or the Federal Cochairpersons of the
4 Commissions established under section 15301
5 of title 40, United States Code;’’ and inserting
6 ‘‘the Federal Cochairpersons of the Commis7
sions established under section 15301 of title
8 40, United States Code; or the Chairman of the
9 Commodity Futures Trading Commission;’’.
10 (B) Section 12(2) of the Inspector General
11 Act of 1978 (5 U.S.C. App.) is amended by
12 striking ‘‘or the Commissions established under
13 section 15301 of title 40, United States Code,’’
14 and inserting ‘‘the Commissions established
15 under section 15301 of title 40, United States
16 Code, or the Commodity Futures Trading Com17
mission,’’.
18 (2) EXCLUSION OF CFTC FROM DEFINITION OF
19 DESIGNATED FEDERAL ENTITY.—Section 8G(a)(2)
20 of the Inspector General Act of 1978 (5 U.S.C.
21 App.) is amended by striking ‘‘the Commodity Fu22
tures Trading Commission,’’.
23 (b) PROVISIONS RELATING TO PAY AND PERSONNEL
24 AUTHORITY.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00893 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
894
H.L.C.
1 (1) PROVISION RELATING TO THE POSITION OF
2 INSPECTOR GENERAL OF THE CFTC.—In the case of
3 the Inspector General of the Commodities Futures
4 Trading Commission, subsections (b) and (c) of sec5
tion 4 of the Inspector General Reform Act of 2008
6 (Public Law 110-409) shall apply in the same man7
ner as if the Commission was a designated Federal
8 entity under section 8G. The Inspector General of
9 the Commodities Futures Trading Commission shall
10 not be subject to section 3(e) of such Act.
11 (2) PROVISION RELATING TO OTHER PER12
SONNEL.—Notwithstanding paragraphs (7) and (8)
13 of section 6(a) of the Inspector General Act of 1978
14 (5 U.S.C. App.), the Inspector General of the Com15
modities Futures Trading Commission may select,
16 appoint, and employ such officers and employees as
17 may be necessary for carrying out the functions,
18 powers, and duties of the Office of Inspector General
19 and to obtain the temporary or intermittent services
20 of experts or consultants or an organization of ex21
perts or consultants, subject to the applicable laws
22 and regulations that govern such selections, appoint23
ments, and employment, and the obtaining of such
24 services, within the Commodities Futures Trading
25 Commission.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00894 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
895
H.L.C.
1 (c) EFFECTIVE DATE; TRANSITION RULE.—
2 (1) EFFECTIVE DATE.—The amendments made
3 by this section shall take effect 30 days after the
4 date of the enactment of this Act.
5 (2) TRANSITION RULE.—An individual serving
6 as Inspector General of the Commodity Futures
7 Trading Commission on the effective date of this
8 section pursuant to an appointment made under sec9
tion 8G of the Inspector General Act of 1978 (5
10 U.S.C. App.)—
11 (A) may continue so serving until the
12 President makes an appointment under section
13 3(a) of such Act consistent with the amend14
ments made by this section; and
15 (B) shall, while serving under subpara16
graph (A), remain subject to the provisions of
17 section 8G of such Act which apply with respect
18 to the Commodity Futures Trading Commis19
sion.
20 SEC. 354. SETTLEMENT AND CLEARING THROUGH REG21
ISTERED DERIVATIVES CLEARING ORGANIZA22
TIONS.
23 (a) IN GENERAL.—
24 (1) APPLICATION TO EXCLUDED DERIVATIVE
25 TRANSACTIONS.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00895 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
896
H.L.C.
1 (A) Section 2(d)(1) of the Commodity Ex2
change Act (7 U.S.C. 2(d)(1)) is amended—
3 (i) by striking ‘‘and’’ at the end of
4 subparagraph (A);
5 (ii) by striking the period at the end
6 of subparagraph (B) and inserting ‘‘;
7 and’’; and
8 (iii) by adding at the end the fol9
lowing:
10 ‘‘(C) except as provided in section 4(f), the
11 agreement, contract, or transaction is settled
12 and cleared through a derivatives clearing orga13
nization registered with the Commission.’’.
14 (B) Section 2(d)(2) of such Act (7 U.S.C.
15 2(d)(2)) is amended—
16 (i) by striking ‘‘and’’ at the end of
17 subparagraph (B);
18 (ii) by striking the period at the end
19 of subparagraph (C) and inserting ‘‘; and’’;
20 and
21 (iii) by adding at the end the fol22
lowing:
23 ‘‘(D) except as provided in section 4(f), the
24 agreement, contract, or transaction is settled
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00896 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
897
H.L.C.
1 and cleared through a derivatives clearing orga2
nization registered with the Commission.’’.
3 (2) APPLICATION TO CERTAIN SWAP TRANS4
ACTIONS.—Section 2(g) of such Act (7 U.S.C. 2(g))
5 is amended—
6 (A) by striking ‘‘and’’ at the end of para7
graph (2);
8 (B) by striking the period at the end of
9 paragraph (3) and inserting ‘‘; and’’; and
10 (C) by adding at the end the following:
11 ‘‘(4) except as provided in section 4(f), settled
12 and cleared through a derivatives clearing organiza13
tion registered with the Commission.’’.
14 (3) APPLICATION TO CERTAIN TRANSACTIONS
15 IN EXEMPT COMMODITIES.—
16 (A) Section 2(h)(1) of such Act ( 7 U.S.C.
17 2(h)(1)) is amended—
18 (i) by striking ‘‘and’’ at the end of
19 subparagraph (A);
20 (ii) by striking the period at the end
21 of subparagraph (B) and inserting ‘‘;
22 and’’; and
23 (iii) by adding at the end the fol24
lowing:
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00897 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
898
H.L.C.
1 ‘‘(C) except as provided in section 4(f), is
2 settled and cleared through a derivatives clear3
ing organization registered with the Commis4
sion.’’.
5 (B) Section 2(h)(3) of such Act (7 U.S.C.
6 2(h)(3)) is amended—
7 (i) by striking ‘‘and’’ at the end of
8 subparagraph (A);
9 (ii) by striking the period at the end
10 of subparagraph (B) and inserting ‘‘;
11 and’’; and
12 (iii) by adding at the end the fol13
lowing:
14 ‘‘(C) except as provided in section 4(f), set15
tled and cleared through a derivatives clearing
16 organization registered with the Commission.’’.
17 (4) GENERAL EXEMPTIVE AUTHORITY.—Sec18
tion 4(c)(1) of such Act (7 U.S.C. 6(c)(1)) is
19 amended by inserting ‘‘the agreement, contract, or
20 transaction, except as provided in section 4(h), will
21 be settled and cleared through a derivatives clearing
22 organization registered with the Commission and’’
23 before ‘‘the Commission determines’’.
24 (5) CONFORMING AMENDMENT RELATING TO
25 SIGNIFICANT PRICE DISCOVERY CONTRACTS.—Sec-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00898 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
899
H.L.C.
1 tion 2(h)(7)(D) of such Act (7 U.S.C. 2(h)(7)(D)) is
2 amended by striking the designation and heading for
3 the subparagraph and all that follows through ‘‘As
4 part of’’ and inserting the following:
5 ‘‘(D) REVIEW OF IMPLEMENTATION.—As
6 part of’’.
7 (b) ALTERNATIVES TO CLEARING THROUGH DES8
IGNATED CLEARING ORGANIZATIONS.—Section 4 of such
9 Act (7 U.S.C. 6), as amended by section 351(h) of this
10 Act, is amended by adding at the end the following:
11 ‘‘(f) ALTERNATIVES TO CLEARING THROUGH DES12
IGNATED CLEARING ORGANIZATIONS.—
13 ‘‘(1) SETTLEMENT AND CLEARING THROUGH
14 CERTAIN OTHER REGULATED ENTITIES.—An agree15
ment, contract, or transaction, or class thereof, re16
lating to an excluded commodity, that would other17
wise be required to be settled and cleared by section
18 2(d)(1)(C), 2(d)(2)(D), 2(g)(4), 2(h)(1)(C), or
19 2(h)(3)(C) of this Act, or subsection (c)(1) of this
20 section may be settled and cleared through an entity
21 listed in subsections (a) or (b) of section 409 of the
22 Federal Deposit Insurance Corporation Improvement
23 Act of 1991.
24 ‘‘(2) WAIVER OF CLEARING REQUIREMENT.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00899 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
900
H.L.C.
1 ‘‘(A) The Commission, in its discretion,
2 may exempt an agreement, contract, or trans3
action, or class thereof, that would otherwise be
4 required by section 2(d)(1)(C), 2(d)(2)(D),
5 2(g)(4), 2(h)(1)(C), or 2(h)(3)(C) of this Act,
6 or subsection (c)(1) of this section to be settled
7 and cleared through a derivatives clearing orga8
nization registered with the Commission from
9 such requirement.
10 ‘‘(B) In granting exemptions pursuant to
11 subparagraph (A), the Commission shall consult
12 with the Securities and Exchange Commission
13 and the Board of Governors of the Federal Re14
serve System regarding exemptions that relate
15 to excluded commodities or entities for which
16 the Securities Exchange Commission or the
17 Board of Governors of the Federal Reserve Sys18
tem serve as the primary regulator.
19 ‘‘(C) Before granting an exemption pursu20
ant to subparagraph (A), the Commission shall
21 find that the agreement, contract, or trans22
action, or class thereof—
23 ‘‘(i) is highly customized as to its ma24
terial terms and conditions;
25 ‘‘(ii) is transacted infrequently;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00900 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
901
H.L.C.
1 ‘‘(iii) does not serve a significant
2 price-discovery function in the market3
place; and
4 ‘‘(iv) is being entered into by parties
5 who can demonstrate the financial integ6
rity of the agreement, contract, or trans7
action and their own financial integrity, as
8 such terms and standards are determined
9 by the Commission. The standards may in10
clude, with respect to any federally regu11
lated financial entity for which net capital
12 requirements are imposed, a net capital re13
quirement associated with any agreement,
14 contract, or transaction subject to an ex15
emption from the clearing requirement
16 that is higher than the net capital require17
ment that would be associated with such a
18 transaction were it cleared
19 ‘‘(D) Any agreement, contract, or trans20
action, or class thereof, which is exempted pur21
suant to subparagraph (A) shall be reported to
22 the Commission in a manner designated by the
23 Commission, or to such other entity the Com24
mission deems appropriate.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00901 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
902
H.L.C.
1 ‘‘(E) The Commission, the Securities and
2 Exchange Commission and the Board of Gov3
ernors of the Federal Reserve System shall
4 enter into a memorandum of understanding by
5 which the information reported to the Commis6
sion pursuant to subparagraph (D) with regard
7 to excluded commodities or entities for which
8 the Securities Exchange Commission or the
9 Board of Governors of the Federal Reserve Sys10
tem serve as the primary regulator may be pro11
vided to the other agencies.
12 ‘‘(g) SPOT AND FORWARD EXCLUSION.—The settle13
ment and clearing requirements of section 2(d)(1)(C),
14 2(d)(2)(D), 2(g)(4), 2(h)(1)(C), 2(h)(3)(C), or 4(c)(1)
15 shall not apply to an agreement, contract, or transaction
16 of any cash commodity for immediate or deferred ship17
ment or delivery, as defined by the Commission.’’.
18 (c) ADDITIONAL REQUIREMENTS APPLICABLE TO
19 APPLICANTS FOR REGISTRATION AS A DERIVATIVE
20 CLEARING ORGANIZATION.—Section 5b(c)(2) of such Act
21 (7 U.S.C. 7a-1(c)(2)) is amended by adding at the end
22 the following:
23 ‘‘(O) DISCLOSURE OF GENERAL INFORMA24
TION.—The applicant shall disclose publicly and
25 to the Commission information concerning—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00902 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
903
H.L.C.
1 ‘‘(i) the terms and conditions of con2
tracts, agreements, and transactions
3 cleared and settled by the applicant;
4 ‘‘(ii) the conventions, mechanisms,
5 and practices applicable to the contracts,
6 agreements, and transactions;
7 ‘‘(iii) the margin-setting methodology
8 and the size and composition of the finan9
cial resource package of the applicant; and
10 ‘‘(iv) other information relevant to
11 participation in the settlement and clearing
12 activities of the applicant.
13 ‘‘(P) DAILY PUBLICATION OF TRADING IN14
FORMATION.—The applicant shall make public
15 daily information on settlement prices, volume,
16 and open interest for contracts settled or
17 cleared pursuant to the requirements of section
18 2(d)(1)(C), 2(d)(2)(D), 2(g)(4), 2(h)(1)(C),
19 2(h)(3)(C) or 4(c)(1) of this Act by the appli20
cant if the Commission determines that the
21 contracts perform a significant price discovery
22 function for transactions in the cash market for
23 the commodity underlying the contracts.
24 ‘‘(Q) FITNESS STANDARDS.—The applicant
25 shall establish and enforce appropriate fitness
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00903 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
904
H.L.C.
1 standards for directors, members of any dis2
ciplinary committee, and members of the appli3
cant, and any other persons with direct access
4 to the settlement or clearing activities of the
5 applicant, including any parties affiliated with
6 any of the persons described in this subpara7
graph.’’.
8 (d) AMENDMENTS.—
9 (1) Section 409 of the Federal Deposit Insur10
ance Corporation Improvement Act of 1991 (12
11 U.S.C. 4422) is amended by adding at the end the
12 following:
13 ‘‘(c) CLEARING REQUIREMENT.—A multilateral
14 clearing organization described in subsections (a) or (b)
15 of this section shall comply with requirements similar to
16 the requirements of sections 5b and 5c of the Commodity
17 Exchange Act.’’.
18 (2) Section 407 of the Legal Certainty for
19 Bank Products Act of 2000 (7 U.S.C. 27e) is
20 amended by inserting ‘‘and the settlement and clear21
ing requirements of sections 2(d)(1)(C), 2(d)(2)(D),
22 2(g)(4), 2(h)(1)(C), 2(h)(3)(C), and 4(c)(1) of such
23 Act’’ after ‘‘the clearing of covered swap agree24
ments’’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00904 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
905
H.L.C.
1 (e) EFFECTIVE DATE.—The amendments made by
2 this section shall take effect 150 days after the date of
3 the enactment of this Act.
4 (f) TRANSITION RULE.—Any agreement, contract, or
5 transaction entered into before the date of the enactment
6 of this Act or within 150 days after such date of enact7
ment, in reliance on subsection (d), (g), (h)(1), or (h)(3)
8 of section 2 of the Commodity Exchange Act or any other
9 exemption issued by the Commission Futures Trading
10 Commission by rule, regulation, or order shall, within 90
11 days after such date of enactment, unless settled and
12 cleared through an entity registered with the Commission
13 as a derivatives clearing organization or another clearing
14 entity pursuant to section 4(f) of such Act, be reported
15 to the Commission in a manner designated by the Com16
mission, or to such other entity as the Commission deems
17 appropriate.
18 SEC. 355. LIMITATION ON ELIGIBILITY TO PURCHASE A
19 CREDIT DEFAULT SWAP.
20 (a) IN GENERAL.—Section 4c of the Commodity Ex21
change Act (7 U.S.C. 6c) is amended by adding at the
22 end the following:
23 ‘‘(h) LIMITATION ON ELIGIBILITY TO PURCHASE A
24 CREDIT DEFAULT SWAP.—It shall be unlawful for any
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00905 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
906
H.L.C.
1 person to enter into a credit default swap unless the per2
son—
3 ‘‘(1) owns a credit instrument which is insured
4 by the credit default swap;
5 ‘‘(2) would experience financial loss if an event
6 that is the subject of the credit default swap occurs
7 with respect to the credit instrument; and
8 ‘‘(3) meets such minimum capital adequacy
9 standards as may be established by the Commission,
10 in consultation with the Board of Governors of the
11 Federal Reserve System, or such more stringent
12 minimum capital adequacy standards as may be es13
tablished by or under the law of any State in which
14 the swap is originated or entered into, or in which
15 possession of the contract involved takes place.’’.
16 (b) ELIMINATION OF PREEMPTION OF STATE
17 BUCKETING LAWS REGARDING NAKED CREDIT DEFAULT
18 SWAPS.—Section 12(e)(2)(B) of such Act (7 U.S.C.
19 16(e)(2)(B)) is amended by inserting ‘‘(other than a credit
20 default swap in which the purchaser of the swap would
21 not experience financial loss if an event that is the subject
22 of the swap occurred)’’ before ‘‘that is excluded’’.
23 (c) DEFINITION OF CREDIT DEFAULT SWAP.—Sec24
tion 1a of such Act (7 U.S.C. 1a), as amended by section
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00906 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
907
H.L.C.
1 351(a) of this Act, is amended by adding at the end the
2 following:
3 ‘‘(37) CREDIT DEFAULT SWAP.—The term
4 ‘credit default swap’ means a contract which insures
5 a party to the contract against the risk that an enti6
ty may experience a loss of value as a result of an
7 event specified in the contract, such as a default or
8 credit downgrade. A credit default swap that is trad9
ed on or cleared by a registered entity shall be ex10
cluded from the definition of a security as defined in
11 this Act and in section 2(a)(1) of the Securities Act
12 of 1933 or section 3(a)(10) of the Securities Ex13
change Act of 1934, except it shall be deemed a se14
curity solely for purpose of enforcing prohibitions
15 against insider trading in sections 10 and 16 of the
16 Securities Exchange Act of 1934.’’.
17 (d) EFFECTIVE DATE.—The amendments made by
18 this section shall be effective for credit default swaps (as
19 defined in section 1a(37) of the Commodity Exchange Act)
20 entered into after 60 days after the date of the enactment
21 of this section.
22 SEC. 356. TRANSACTION FEES.
23 (a) IN GENERAL.—Section 12 of the Commodity Ex24
change Act (7 U.S.C. 16) is amended by redesignating
25 subsections (e), (f), and (g) as subsections (f), (g), and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00907 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
908
H.L.C.
1 (h), respectively, and inserting after subsection (d) the fol2
lowing:
3 ‘‘(e) CLEARING FEES.—
4 ‘‘(1) IN GENERAL.—The Commission shall, in
5 accordance with this subsection, charge and collect
6 from each registered clearing organization, and each
7 such organization shall pay to the Commission,
8 transaction fees at a rate calculated to recover the
9 costs to the Federal Government of the supervision
10 and regulation of futures markets, except those di11
rectly related to enforcement.
12 ‘‘(2) FEES ASSESSED PER SIDE OF CLEARED
13 CONTRACTS.—
14 ‘‘(A) IN GENERAL.—The Commission shall
15 determine the fee rate referred to in paragraph
16 (1), and shall apply the fee rate per side of any
17 transaction cleared.
18 ‘‘(B) AUTHORITY TO DELEGATE.— The
19 Commission may determine the procedures by
20 which the fee rate is to be applied on the trans21
actions subject to the fee, or delegate the au22
thority to make the determination to any appro23
priate derivatives clearing organization.
24 ‘‘(3) EXEMPTIONS.—The Commission may not
25 impose a fee under paragraph (1) on—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00908 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
909
H.L.C.
1 ‘‘(A) a class of contracts or transactions if
2 the Commission finds that it is in the public in3
terest to exempt the class from the fee; or
4 ‘‘(B) a contract or transaction cleared by
5 a registered derivatives clearing organization
6 that is—
7 ‘‘(i) subject to fees under section 31
8 of the Securities Exchange Act of 1934; or
9 ‘‘(ii) a security as defined in the Secu10
rities Act of 1933 or the Securities Ex11
change Act of 1934.
12 ‘‘(4) DATES FOR PAYMENT OF FEES.—The fees
13 imposed under paragraph (1) shall be paid on or be14
fore—
15 ‘‘(A) March 15 of each year, with respect
16 to transactions occurring on or after the pre17
ceding September 1 and on or before the pre18
ceding December 31; and
19 ‘‘(B) September 15 of each year, with re20
spect to transactions occurring on or after the
21 preceding January 1 and on or before the pre22
ceding August 31.
23 ‘‘(5) ANNUAL ADJUSTMENT OF FEE RATES.—
24 ‘‘(A) IN GENERAL.—Not later than April
25 30 of each fiscal year , the Commission shall,
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00909 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
910
H.L.C.
1 by order, adjust each fee rate determined under
2 paragraph (2) for the fiscal year to a uniform
3 adjusted rate that, when applied to the esti4
mated aggregate number of cleared sides of
5 transactions for the fiscal year, is reasonably
6 likely to produce aggregate fee receipts under
7 this subsection for the fiscal year equal to the
8 target offsetting receipt amount for the fiscal
9 year.
10 ‘‘(B) DEFINITIONS.—In subparagraph (A):
11 ‘‘(i) ESTIMATED AGGREGATE NUMBER
12 OF CLEARED SIDES OF TRANSACTIONS.—
13 The term ‘estimated aggregate number of
14 cleared sides of transactions’ means, with
15 respect to a fiscal year, the aggregate
16 number of cleared sides of transactions to
17 be cleared by registered derivatives clear18
ing organizations during the fiscal year, as
19 estimated by the Commission, after con20
sultation with the Office of Management
21 and Budget, using the methodology re22
quired for making projections pursuant to
23 section 257 of the Balanced Budget and
24 Emergency Deficit Control Act of 1985.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00910 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
911
H.L.C.
1 ‘‘(ii) TARGET OFFSETTING RECEIPT
2 AMOUNT.—The term ‘target offsetting re3
ceipt amount’ means, with respect to a fis4
cal year, the total level of Commission
5 budget authority for all non-enforcement
6 activities of the Commission, as contained
7 in the regular appropriations Acts for the
8 fiscal year.
9 ‘‘(C) NO JUDICIAL REVIEW.—An adjusted
10 fee rate prescribed under subparagraph (A)
11 shall not be subject to judicial review.
12 ‘‘(6) PUBLICATION.—Not later than April 30 of
13 each fiscal year, the Commission shall cause to be
14 published in the Federal Register notices of the fee
15 rates applicable under this subsection for the suc16
ceeding fiscal year, and any estimate or projection
17 on which the fee rates are based.
18 ‘‘(7) ESTABLISHMENT OF FUTURES AND OP19
TIONS TRANSACTION FEE ACCOUNT; DEPOSIT OF
20 FEES.—There is established in the Treasury of the
21 United States an account which shall be known as
22 the ‘Futures and Options Transaction Fee Account’.
23 All fees collected under this subsection for a fiscal
24 year shall be deposited in the account. Amounts in
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00911 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
912
H.L.C.
1 the account are authorized to be appropriated to
2 fund the expenditures of the Commission.’’.
3 (b) EFFECTIVE DATE.—The amendments made by
4 subsection (a) shall apply to fiscal years beginning 30 or
5 more days after the date of the enactment of this Act.
6 (c) TRANSITION RULE.—If this section becomes law
7 after March 31 and before September 1 of a fiscal year,
8 then paragraphs (5)(A) and (6) of section 12(e) of the
9 Commodity Exchange Act shall be applied, in the case of
10 the 1st fiscal year beginning after the date of the enact11
ment of this Act, by substituting ‘‘August 31’’ for ‘‘April
12 30’’.
13 SEC. 357. NO EFFECT ON ANTITRUST LAW OR AUTHORITY
14 OF THE FEDERAL TRADE COMMISSION.
15 (a) Nothing in this subtitle shall be construed to mod16
ify, impair, or supersede the operation of any of the anti17
trust laws. For purposes of this subsection, the term
18 ‘‘antitrust laws’’ has the meaning given it in subsection
19 (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)),
20 except that such term includes section 5 of the Federal
21 Trade Commission Act (15 U.S.C. 45) to the extent that
22 such term applies to unfair methods of competition.
23 (b) Nothing in this subtitle shall be construed to af24
fect or diminish the jurisdiction or authority of the Fed25
eral Trade Commission with respect to its authorities
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00912 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
913
H.L.C.
1 under the Federal Trade Commission Act (15 U.S.C. 41
2 et seq.) or the Energy Independence and Security Act of
3 2007 (Public Law 110–140) to obtain information, to
4 carry out enforcement activities, or otherwise to carry out
5 the responsibilities of the Federal Trade Commission.
6 SEC. 358. REGULATION OF CARBON DERIVATIVES MAR7
KETS.
8 (a) DEFAULT RULE.—Section 2 of the Commodity
9 Exchange Act (7 U.S.C. 2), as amended by section 352
10 of this Act, is amended by adding at the end the following:
11 ‘‘(k) The Commission shall have jurisdiction over the
12 establishment, operations, and oversight of markets for
13 regulated allowance derivatives (as defined in section 401
14 of the Federal Power Act (16 U.S.C. 791a and following)),
15 and shall provide for the establishment, operation, and
16 oversight of the markets in accordance with the same reg17
ulations that apply under this Act to included energy
18 transactions.’’.
19 (b) PRESIDENTIAL DETERMINATIONS.—To the ex20
tent that the President delegates the authority to promul21
gate regulations for the establishment, operation, and
22 oversight of all markets for regulated allowance derivatives
23 to a Federal agency other than the Commodity Futures
24 Trading Commission pursuant to section 401 of the Fed25
eral Power Act, such determination shall supersede sub-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00913 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
914
H.L.C.
1 section (a). To the extent that the President determines
2 that regulations promulgated pursuant to section
3 401(c)(2) of the Federal Power Act would provide for
4 more stringent and effective market oversight, such regu5
lations shall supersede subsection (a). Nothing in this sec6
tion shall be construed to affect the operation of the de7
fault rules established in section 401(c)(4) of the Federal
8 Power Act.
9 SEC. 359. CEASE-AND-DESIST AUTHORITY.
10 (a) NATURAL GAS ACT.—Section 20 of the Natural
11 Gas Act (15 U.S.C. 717s) is amended by adding the fol12
lowing at the end:
13 ‘‘(e) CEASE-AND-DESIST PROCEEDINGS; TEMPORARY
14 ORDERS; AUTHORITY OF THE COMMISSION.—
15 ‘‘(1) IN GENERAL.—If the Commission finds,
16 after notice and opportunity for hearing, that any
17 entity may be violating, may have violated, or may
18 be about to violate any provision of this Act, or any
19 rule, regulation, restriction, condition, or order made
20 or imposed by the Commission under the authority
21 of this Act, the Commission may publish its findings
22 and issue an order requiring such entity, and any
23 other entity that is, was, or would be a cause of the
24 violation, due to an act or omission the entity knew
25 or should have known would contribute to such vio-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00914 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
915
H.L.C.
1 lation, to cease and desist from committing or caus2
ing such violation and any future violation of the
3 same provision, rule, or regulation. Such order may,
4 in addition to requiring an entity to cease and desist
5 from committing or causing a violation, require such
6 entity to comply, to provide an accounting and
7 disgorgement, or to take steps to effect compliance,
8 with such provision, rule, or regulation, upon such
9 terms and conditions and within such time as the
10 Commission may specify in such order. Any such
11 order may, as the Commission deems appropriate,
12 require future compliance or steps to effect future
13 compliance, either permanently or for such period of
14 time as the Commission may specify.
15 ‘‘(2) TIMING OF ENTRY.—An order issued
16 under this subsection shall be entered only after no17
tice and opportunity for a hearing, unless the Com18
mission determines that notice and hearing prior to
19 entry would be impracticable or contrary to the pub20
lic interest.
21 ‘‘(f) HEARING.—The notice instituting proceedings
22 pursuant to subsection (e) shall fix a hearing date not ear23
lier than 30 days nor later than 60 days after service of
24 the notice unless an earlier or a later date is set by the
25 Commission with the consent of any respondent so served.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00915 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
916
H.L.C.
1 ‘‘(g) TEMPORARY ORDER.—Whenever the Commis2
sion determines that-—
3 ‘‘(1) a respondent may take actions to dissipate
4 or convert assets prior to the completion of the pro5
ceedings referred to in subsection (e), and such as6
sets would be necessary to comply with or otherwise
7 satisfy a final enforcement order of the Commission
8 pursuant to alleged violations or threatened viola9
tions specified in the notice instituting proceedings;
10 or
11 ‘‘(2) a respondent is engaged in actual or
12 threatened violations of this Act or a Commission
13 rule, regulation, restriction or order referred to in
14 subsection (e),
15 the Commission may issue a temporary order requiring
16 the respondent to take such action to prevent dissipation
17 or conversion of assets, significant harm to energy con18
sumers, or substantial harm to the public interest, frustra19
tion of the Commission’s ability to conduct the pro20
ceedings, or frustration of the Commission’s ability to re21
dress said violation at the conclusion of the proceedings,
22 as the Commission deems appropriate pending completion
23 of such proceedings.
24 ‘‘(h) REVIEW OF TEMPORARY ORDERS.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00916 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
917
H.L.C.
1 ‘‘(1) COMMISSION REVIEW.—At any time after
2 the respondent has been served with a temporary
3 cease-and-desist order pursuant to subsection (g),
4 the respondent may apply to the Commission to have
5 the order set aside, limited, or suspended. If the re6
spondent has been served with a temporary cease7
and-desist order entered without a prior Commission
8 hearing, the respondent may, within 10 days after
9 the date on which the order was served, request a
10 hearing on such application and the Commission
11 shall hold a hearing and render a decision on such
12 application at the earliest possible time.
13 ‘‘(2) JUDICIAL REVIEW.—Within—
14 ‘‘(A) 10 days after the date the respondent
15 was served with a temporary cease-and-desist
16 order entered with a prior Commission hearing;
17 or
18 ‘‘(B) 10 days after the Commission ren19
ders a decision on an application and hearing
20 under paragraph (1),
21 with respect to any temporary cease-and-desist order
22 entered without a prior Commission hearing, the re23
spondent may apply to the United States circuit
24 court having jurisdiction over the circuit in which
25 the respondent resides or has its principal place of
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00917 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
918
H.L.C.
1 business, or to the United States Court of Appeals
2 for the District of Columbia Circuit, for an order
3 setting aside, limiting, or suspending the effective4
ness or enforcement of the order, and the court shall
5 have jurisdiction to enter such an order. A respond6
ent served with a temporary cease-and-desist order
7 entered without a prior Commission hearing may not
8 apply to the court except after hearing and decision
9 by the Commission on the respondent’s application
10 under paragraph (1) of this subsection.
11 ‘‘(3) NO AUTOMATIC STAY OF TEMPORARY
12 ORDER.—The commencement of proceedings under
13 paragraph (2) of this subsection shall not, unless
14 specifically ordered by the court, operate as a stay
15 of the Commission’s order.
16 ‘‘(4) EXCLUSIVE REVIEW.—Sections 19(d) and
17 24 shall not apply to a temporary order entered pur18
suant to this section.
19 ‘‘(i) IMPLEMENTATION.—The Commission is author20
ized to adopt rules, regulations, and orders as it deems
21 appropriate to implement this section.’’.
22 (c) NATURAL GAS POLICY ACT OF 1978.—Section
23 504 of the Natural Gas Policy Act of 1978 (15 U.S.C.
24 3414) is amended by adding the following at the end:
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00918 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
919
H.L.C.
1 ‘‘(d) CEASE-AND-DESIST PROCEEDINGS; TEMPORARY
2 ORDERS; AUTHORITY OF THE COMMISSION.—
3 ‘‘(1) IN GENERAL.—If the Commission finds,
4 after notice and opportunity for hearing, that any
5 entity may be violating, may have violated, or may
6 be about to violate any provision of this Act, or any
7 rule, regulation, restriction, condition, or order made
8 or imposed by the Commission under the authority
9 of this Act, the Commission may publish its findings
10 and issue an order requiring such entity, and any
11 other entity that is, was, or would be a cause of the
12 violation, due to an act or omission the entity knew
13 or should have known would contribute to such vio14
lation, to cease and desist from committing or caus15
ing such violation and any future violation of the
16 same provision, rule, or regulation. Such order may,
17 in addition to requiring an entity to cease and desist
18 from committing or causing a violation, require such
19 entity to comply, to provide an accounting and
20 disgorgement, or to take steps to effect compliance,
21 with such provision, rule, or regulation, upon such
22 terms and conditions and within such time as the
23 Commission may specify in such order. Any such
24 order may, as the Commission deems appropriate,
25 require future compliance or steps to effect future
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00919 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
920
H.L.C.
1 compliance, either permanently or for such period of
2 time as the Commission may specify.
3 ‘‘(2) TIMING OF ENTRY.—An order issued
4 under this subsection shall be entered only after no5
tice and opportunity for a hearing, unless the Com6
mission determines that notice and hearing prior to
7 entry would be impracticable or contrary to the pub8
lic interest.
9 ‘‘(3) HEARING.—The notice instituting pro10
ceedings pursuant to paragraph (1) shall fix a hear11
ing date not earlier than 30 days nor later than 60
12 days after service of the notice unless an earlier or
13 a later date is set by the Commission with the con14
sent of any respondent so served.
15 ‘‘(4) TEMPORARY ORDER.—Whenever the Com16
mission determines that—
17 ‘‘(A) a respondent may take actions to dis18
sipate or convert assets prior to the completion
19 of the proceedings referred to in paragraph (1)
20 and such assets would be necessary to comply
21 with or otherwise satisfy a final enforcement
22 order of the Commission pursuant to alleged
23 violations or threatened violations specified in
24 the notice instituting proceedings; or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00920 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
921
H.L.C.
1 ‘‘(B) a respondent is engaged in actual or
2 threatened violations of this Act or a Commis3
sion rule, regulation, restriction or order re4
ferred to in paragraph (1),
5 the Commission may issue a temporary order requir6
ing the respondent to take such action to prevent
7 dissipation or conversion of assets, significant harm
8 to energy consumers, or substantial harm to the
9 public interest, frustration of the Commission’s abil10
ity to conduct the proceedings, or frustration of the
11 Commission’s ability to redress said violation at the
12 conclusion of the proceedings, as the Commission
13 deems appropriate pending completion of such pro14
ceedings.
15 ‘‘(5) REVIEW OF TEMPORARY ORDERS.—
16 ‘‘(A) COMMISSION REVIEW.—At any time
17 after the respondent has been served with a
18 temporary cease-and-desist order pursuant to
19 paragraph (4), the respondent may apply to the
20 Commission to have the order set aside, limited,
21 or suspended. If the respondent has been served
22 with a temporary cease-and-desist order entered
23 without a prior Commission hearing, the re24
spondent may, within 10 days after the date on
25 which the order was served, request a hearing
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00921 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
922
H.L.C.
1 on such application and the Commission shall
2 hold a hearing and render a decision on such
3 application at the earliest possible time.
4 ‘‘(B) JUDICIAL REVIEW.—Within—
5 ‘‘(i) 10 days after the date the re6
spondent was served with a temporary
7 cease-and-desist order entered with a prior
8 Commission hearing; or
9 ‘‘(ii) 10 days after the Commission
10 renders a decision on an application and
11 hearing under subparagraph (A), with re12
spect to any temporary cease-and-desist
13 order entered without a prior Commission
14 hearing, the respondent may apply to the
15 United States circuit court having jurisdic16
tion over the circuit in which the respond17
ent resides or has its principal place of
18 business, or to the United States Court of
19 Appeals for the District of Columbia Cir20
cuit, for an order setting aside, limiting, or
21 suspending the effectiveness or enforce22
ment of the order, and the court shall have
23 jurisdiction to enter such an order. A re24
spondent served with a temporary cease25
and-desist order entered without a prior
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00922 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
923
H.L.C.
1 Commission hearing may not apply to the
2 court except after hearing and decision by
3 the Commission on the respondent’s appli4
cation under paragraph (1) of this sub5
section.
6 ‘‘(C) NO AUTOMATIC STAY OF TEMPORARY
7 ORDER.—The commencement of proceedings
8 under subparagraph (B) of this paragraph shall
9 not, unless specifically ordered by the court, op10
erate as a stay of the Commission’s order.
11 ‘‘(6) IMPLEMENTATION.—The Commission is
12 authorized to adopt rules, regulations, and orders as
13 it deems appropriate to implement this subsection.’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle A: Ensuring Real Reductions in Industrial Emissions
===================================================

14 TITLE IV—TRANSITIONING TO A
15 CLEAN ENERGY ECONOMY
16 Subtitle A—Ensuring Real
17 Reductions in Industrial Emissions
18 SEC. 401. ENSURING REAL REDUCTIONS IN INDUSTRIAL
19 EMISSIONS.
20 Title VII of the Clean Air Act is amended by insert21
ing after part E the following new part:
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00923 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
924
H.L.C.
1 ‘‘PART F—ENSURING REAL REDUCTIONS IN
2 INDUSTRIAL EMISSIONS
3 ‘‘SEC. 761. PURPOSES.
4 ‘‘(a) PURPOSE OF PART.—The purposes of this part
5 are—
6 ‘‘(1) to promote a strong global effort to signifi7
cantly reduce greenhouse gas emissions, and,
8 through this global effort, stabilize greenhouse gas
9 concentrations in the atmosphere at a level that will
10 prevent dangerous anthropogenic interference with
11 the climate system; and
12 ‘‘(2) to prevent an increase in greenhouse gas
13 emissions in countries other than the United States
14 as a result of direct and indirect compliance costs in15
curred under this title.
16 ‘‘(b) PURPOSES OF SUBPART 1.—The purposes of
17 subpart 1 are additionally—
18 ‘‘(1) to rebate the owners and operators of enti19
ties in domestic eligible industrial sectors for their
20 greenhouse gas emission costs incurred under this
21 title, but not for costs associated with other related
22 or unrelated market dynamics;
23 ‘‘(2) to design such rebates in a way that will
24 prevent carbon leakage while also rewarding innova25
tion and facility-level investments in energy effi26
ciency performance improvements; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00924 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
925
H.L.C.
1 ‘‘(3) to eliminate or reduce distribution of emis2
sion allowances under this part when such distribu3
tion is no longer necessary to prevent carbon leakage
4 from eligible industrial sectors.
5 ‘‘SEC. 762. INTERNATIONAL NEGOTIATIONS.
6 ‘‘(a) FINDING.—Congress finds that the purposes of
7 this part, as set forth in section 761, can be most effec8
tively addressed and achieved through agreements nego9
tiated between the United States and foreign countries.
10 ‘‘(b) STATEMENT OF POLICY.—It is the policy of the
11 United States to work proactively under the United Na12
tions Framework Convention on Climate Change, and in
13 other appropriate forums, to establish binding agreements,
14 including sectoral agreements, committing all major
15 greenhouse gas-emitting nations to contribute equitably to
16 the reduction of global greenhouse gas emissions.
17 ‘‘(c) NOTIFICATION OF FOREIGN COUNTRIES.—Not
18 later than January 1, 2020, the President shall notify for19
eign countries that an International Reserve Allowance
20 Program, as described in subpart 2, may apply to primary
21 products produced in a foreign country by a sector with
22 respect to which the President has made a determination
23 under section 767(b) that 70 percent or less of the global
24 output for the sector is produced or manufactured in coun-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00925 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
926
H.L.C.
1 tries that have met one or more of the criteria in that
2 subsection.
3 ‘‘SEC. 763. DEFINITIONS.
4 ‘‘In this part:
5 ‘‘(1) CARBON LEAKAGE.—The term ‘carbon
6 leakage’ means any substantial increase (as deter7
mined by the Administrator) in greenhouse gas
8 emissions by industrial entities located in other
9 countries if such increase is caused by an incre10
mental cost of production increase in the United
11 States resulting from the implementation of this
12 title.
13 ‘‘(2) ELIGIBLE INDUSTRIAL SECTOR.—The
14 term ‘eligible industrial sector’ means an industrial
15 sector determined by the Administrator under sec16
tion 764(b) to be eligible to receive emission allow17
ance rebates under subpart 1.
18 ‘‘(3) INDUSTRIAL SECTOR.—The term ‘indus19
trial sector’ means any sector that is in the manu20
facturing sector (as defined in NAICS codes 31, 32,
21 and 33).
22 ‘‘(4) NAICS.—The term ‘NAICS’ means the
23 North American Industrial Classification System of
24 2002.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00926 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
927
H.L.C.
1 ‘‘(5) OUTPUT.—The term ‘output’ means the
2 total tonnage or other standard unit of production
3 (as determined by the Administrator) produced by
4 an entity in an industrial sector. The output of the
5 cement sector is hydraulic cement, and not clinker.
6 ‘‘(6) PRIMARY PRODUCT.—The term ‘primary
7 product’ means a product manufactured by an eligi8
ble industrial sector that is—
9 ‘‘(A) iron, steel, steel mill products (includ10
ing pipe and tube), aluminum, cement, glass
11 (including flat, container, and specialty glass
12 and fiberglass), pulp, paper, chemicals, or in13
dustrial ceramics; or
14 ‘‘(B) any other manufactured product that
15 is sold in bulk for purposes of further manufac16
ture or inclusion in a finished product.
17 ‘‘Subpart 1—Emission Allowance Rebate Program
18 ‘‘SEC. 764. ELIGIBLE INDUSTRIAL SECTORS.
19 ‘‘(a) LIST.—
20 ‘‘(1) INITIAL LIST.—Not later than June 30,
21 2011, the Administrator shall publish in the Federal
22 Register a list of eligible industrial sectors pursuant
23 to subsection (b). Such list shall include the amount
24 of the emission allowance rebate per unit of produc25
tion that shall be provided to entities in each eligible
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00927 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
928
H.L.C.
1 industrial sector in the following two calendar years
2 pursuant to section 765.
3 ‘‘(2) SUBSEQUENT LISTS.—Not later than Feb4
ruary 1, 2013, and every four years thereafter, the
5 Administrator shall publish in the Federal Register
6 an updated version of the list published under para7
graph (1).
8 ‘‘(b) ELIGIBLE INDUSTRIAL SECTORS.—
9 ‘‘(1) IN GENERAL.—Not later than June 30,
10 2011, the Administrator shall promulgate a rule des11
ignating, based on the criteria under paragraph (2),
12 the industrial sectors eligible for emission allowance
13 rebates under this subpart.
14 ‘‘(2) PRESUMPTIVELY ELIGIBLE INDUSTRIAL
15 SECTORS.—
16 ‘‘(A) ELIGIBILITY CRITERIA.—An owner or
17 operator of an entity shall be eligible to receive
18 emission allowance rebates under this subpart if
19 such entity is in an industrial sector that is in20
cluded in a six-digit classification of the NAICS
21 that meets the criteria in both clauses (i) and
22 (ii), or the criteria in clause (iii).
23 ‘‘(i) ENERGY OR GREENHOUSE GAS
24 INTENSITY.—As determined by the Admin25
istrator, the industrial sector had—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00928 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
929
H.L.C.
1 ‘‘(I) an energy intensity of at
2 least 5 percent, calculated by dividing
3 the cost of purchased electricity and
4 fuel costs of the sector by the value of
5 the shipments of the sector, based on
6 data described in subparagraph (E);
7 or
8 ‘‘(II) a greenhouse gas intensity
9 of at least 5 percent, calculated by di10
viding—
11 ‘‘(aa) the number 20 multi12
plied by the number of tons of
13 carbon dioxide equivalent green14
house gas emissions (including
15 direct emissions from fuel com16
bustion, process emissions, and
17 indirect emissions from the gen18
eration of electricity used to
19 produce the output of the sector)
20 of the sector based on data de21
scribed in subparagraph (E); by
22 ‘‘(bb) the value of the ship23
ments of the sector, based on
24 data described in subparagraph
25 (E).
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00929 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
930
H.L.C.
1 ‘‘(ii) TRADE INTENSITY.—As deter2
mined by the Administrator, the industrial
3 sector had a trade intensity of at least 15
4 percent, calculated by dividing the value of
5 the total imports and exports of such sec6
tor by the value of the shipments plus the
7 value of imports of such sector, based on
8 data described in subparagraph (E).
9 ‘‘(iii) VERY HIGH ENERGY OR GREEN10
HOUSE GAS INTENSITY.—As determined by
11 the Administrator, the industrial sector
12 had an energy or greenhouse gas intensity,
13 as calculated under clause (i)(I) or (II), of
14 at least 20 percent.
15 ‘‘(B) IRON AND STEEL SECTOR.—For pur16
poses of this subpart, in carrying out this sec17
tion and section 765, the Administrator shall
18 consider as in different industrial sectors—
19 ‘‘(i) entities using integrated iron and
20 steelmaking technologies (including coke
21 ovens, blast furnaces, and other iron-mak22
ing technologies); and
23 ‘‘(ii) entities using electric arc furnace
24 technologies.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00930 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
931
H.L.C.
1 ‘‘(C) METAL AND PHOSPHATE PRODUC2
TION CLASSIFIED UNDER MORE THAN ONE
3 NAICS CODE.—For purposes of this subpart, in
4 carrying out this section and section 765, the
5 Administrator shall—
6 ‘‘(i) aggregate data for the
7 beneficiation or other processing of iron
8 and copper ores and phosphate with subse9
quent steps in the process of metal and
10 phosphate manufacturing regardless of the
11 NAICS code under which such activity is
12 classified; and
13 ‘‘(ii) aggregate data for the manufac14
turing of steel with the manufacturing of
15 steel pipe and tube made from purchased
16 steel in a nonintegrated process.
17 ‘‘(D) EXCLUSION.—The petroleum refining
18 sector shall not be an eligible industrial sector.
19 ‘‘(E) DATA SOURCES.—
20 ‘‘(i) ELECTRICITY AND FUEL COSTS,
21 VALUE OF SHIPMENTS.—The Adminis22
trator shall determine electricity and fuel
23 costs and the value of shipments under
24 this subsection from data from the United
25 States Census of Mineral Industries and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00931 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
932
H.L.C.
1 the United States Census Annual Survey
2 of Manufacturers. The Administrator shall
3 take the average of data from as many of
4 the years of 2004, 2005, and 2006 for
5 which such data are available. If such data
6 are unavailable, the Administrator shall
7 make a determination based upon 2002 or
8 2006 data from the most detailed indus9
trial classification level of Energy Informa10
tion Agency’s Manufacturing Energy Con11
sumption Survey (using 2006 data if it is
12 available) and the 2002 or 2007 Economic
13 Census of the United States (using 2007
14 data if it is available). If data from the
15 Manufacturing Energy Consumption Sur16
vey are unavailable for any sector at the
17 six-digit classification level in the NAICS,
18 then the Administrator may extrapolate
19 the information necessary to determine the
20 eligibility of a sector under this paragraph
21 from available Manufacturing Energy Con22
sumption Survey data pertaining to a
23 broader industrial category classified in the
24 NAICS. Fuel cost data shall not include
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00932 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
933
H.L.C.
1 the cost of fuel used as feedstock by an in2
dustrial sector.
3 ‘‘(ii) IMPORTS AND EXPORTS.—The
4 Administrator shall base the value of im5
ports and exports under this subsection on
6 United States International Trade Com7
mission data. The Administrator shall take
8 the average of data from as many of the
9 years of 2004, 2005, and 2006 for which
10 such data are available.
11 ‘‘(iii) PERCENTAGES.—The Adminis12
trator shall round the energy intensity,
13 greenhouse gas intensity, and trade inten14
sity percentages under subparagraph (A)
15 to the nearest whole number.
16 ‘‘(iv) GREENHOUSE GAS EMISSION
17 CALCULATIONS.—When calculating the
18 tons of carbon dioxide equivalent green19
house gas emissions for each sector under
20 subparagraph (A)(i)(II)(aa), the Adminis21
trator—
22 ‘‘(I) shall use the best available
23 data from as many of the years 2004,
24 2005, and 2006 for which such data
25 is available; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00933 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
934
H.L.C.
1 ‘‘(II) may, to the extent nec2
essary with respect to a sector, use
3 economic and engineering models and
4 the best available information on tech5
nology performance levels for such
6 sector.
7 ‘‘(3) ADMINISTRATIVE DETERMINATION OF AD8
DITIONAL ELIGIBLE INDUSTRIAL SECTORS.—
9 ‘‘(A) UPDATED TRADE INTENSITY DATA.—
10 The Administrator shall designate as eligible to
11 receive emission allowance rebates under this
12 subpart an industrial sector that—
13 ‘‘(i) met the energy or greenhouse gas
14 intensity criteria in paragraph (2)(A)(i) as
15 of the date of promulgation of the rule
16 under paragraph (1); and
17 ‘‘(ii) meets the trade intensity criteria
18 in paragraph (2)(A)(ii), using data from
19 any year after 2006.
20 ‘‘(B) INDIVIDUAL SHOWING PETITION.—
21 ‘‘(i) PETITION.—In addition to des22
ignation under paragraph (2) or subpara23
graph (A) of this paragraph, the owner or
24 operator of an entity in an industrial sec25
tor may petition the Administrator to des-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00934 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
935
H.L.C.
1 ignate as eligible industrial sectors under
2 this subpart an entity or a group of enti3
ties that—
4 ‘‘(I) represent a subsector of a
5 six-digit section of the NAICS code;
6 and
7 ‘‘(II) meet the eligibility criteria
8 in both clauses (i) and (ii) of para9
graph (2)(A), or the eligibility criteria
10 in clause (iii) of paragraph (2)(A).
11 ‘‘(ii) DATA.—In making a determina12
tion under this subparagraph, the Admin13
istrator shall consider data submitted by
14 the petitioner that is specific to the entity,
15 data solicited by the Administrator from
16 other entities in the subsector, if such
17 other entities exist, and data specified in
18 paragraph (2)(E).
19 ‘‘(iii) BASIS OF SUBSECTOR DETER20
MINATION.—The Administrator shall de21
termine an entity or group of entities to be
22 a subsector of a six-digit section of the
23 NAICS code based only upon the products
24 manufactured and not the industrial proc25
ess by which the products are manufac-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00935 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
936
H.L.C.
1 tured, except that the Administrator may
2 determine an entity or group of entities
3 that manufacture a product from a øvirgin
4 material¿ to be a separate subsector from
5 another entity or group of entities that
6 manufacture the same product from recy7
cled material.
8 ‘‘(iv) USE OF MOST RECENT DATA.—
9 In determining whether to designate a sec10
tor or subsector as an eligible industrial
11 sector under this subparagraph, the Ad12
ministrator shall use the most recent data
13 available from the sources described in
14 paragraph (2)(E), rather than the data
15 from the years specified in paragraph
16 (2)(E), to determine the trade intensity of
17 such sector or subsector, but only for de18
termining such trade intensity.
19 ‘‘(v) FINAL ACTION.—The Adminis20
trator shall take final action on such peti21
tion no later than 6 months after the peti22
tion is received by the Administrator.
23 ‘‘SEC. 765. DISTRIBUTION OF EMISSION ALLOWANCE RE24
BATES.
25 ‘‘(a) DISTRIBUTION SCHEDULE.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00936 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
937
H.L.C.
1 ‘‘(1) IN GENERAL.—For each vintage year, the
2 Administrator shall distribute pursuant to this sec3
tion emission allowances made available under sec4
tion 782(e), no later than October 31 of the pre5
ceding calendar year. The Administrator shall make
6 such annual distributions to the owners and opera7
tors of each entity in an eligible industrial sector in
8 the amount of emission allowances calculated under
9 subsection (b), except that—
10 ‘‘(A) for vintage years 2012 and 2013, the
11 distribution for a covered entity shall be the en12
tity’s indirect carbon factor as calculated under
13 subsection (b)(3); and
14 ‘‘(B) for vintage year 2026 and thereafter,
15 the distribution shall be the amount calculated
16 under subsection (b) multiplied by, except as
17 modified by the President pursuant to section
18 767(c)(3)(A) for a sector—
19 ‘‘(i) 90 percent for vintage year 2026;
20 ‘‘(ii) 80 percent for vintage year
21 2027;
22 ‘‘(iii) 70 percent for vintage year
23 2028;
24 ‘‘(iv) 60 percent for vintage year
25 2029;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00937 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
938
H.L.C.
1 ‘‘(v) 50 percent for vintage year 2030;
2 ‘‘(vi) 40 percent for vintage year
3 2031;
4 ‘‘(vii) 30 percent for vintage year
5 2032;
6 ‘‘(viii) 20 percent for vintage year
7 2033;
8 ‘‘(ix) 10 percent for vintage year
9 2034; and
10 ‘‘(x) 0 percent for vintage year 2035
11 and thereafter.
12 ‘‘(2) RESUMPTION OF REDUCTION.—If the
13 President has modified the percentage stated in
14 paragraph (1)(B) under section 767(c)(3)(A), and
15 the President subsequently makes a determination
16 under section 767(b) for an eligible industrial sector
17 that more than 70 percent of global output for that
18 sector is produced or manufactured in countries that
19 have met at least one of the criteria in that sub20
section, then the 10-year reduction schedule set
21 forth in paragraph (1)(B) of this subsection shall
22 begin in the next vintage year, with the percentage
23 reduction based on the amount of the distribution of
24 emission allowances under this section in the pre25
vious year.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00938 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
939
H.L.C.
1 ‘‘(3) NEWLY ELIGIBLE SECTORS.—In addition
2 to receiving a distribution of emission allowances
3 under this section in the first distribution occurring
4 after an industrial sector is designated as eligible
5 under section 764(b)(3), the owner or operator of an
6 entity in that eligible industrial sector may receive a
7 prorated share of any emission allowances made
8 available for distribution under this section that
9 were not distributed for the year in which the peti10
tion for eligibility was granted under section
11 764(b)(3)(B).
12 ‘‘(b) CALCULATION OF DIRECT AND INDIRECT CAR13
BON FACTORS.—
14 ‘‘(1) IN GENERAL.—
15 ‘‘(A) COVERED ENTITIES.—Except as pro16
vided in subsection (a), for covered entities that
17 are in eligible industrial sectors, the amount of
18 emission allowance rebates shall be based on
19 the sum of the covered entity’s direct and indi20
rect carbon factors.
21 ‘‘(B) OTHER ELIGIBLE ENTITIES.—For
22 entities that are in eligible industrial sectors
23 but are not covered entities, the amount of
24 emission allowance rebates shall be based on
25 the entity’s indirect carbon factor.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00939 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
940
H.L.C.
1 ‘‘(C) NEW ENTITIES.—Not later than 2
2 years after the date of enactment of this title,
3 the Administrator shall issue regulations gov4
erning the distribution of emission allowance re5
bates for the first and second years of operation
6 of a new entity in an eligible industrial sector.
7 These regulations shall provide for—
8 ‘‘(i) the distribution of emission allow9
ance rebates to such entities based on com10
parable entities in the same sector; and
11 ‘‘(ii) an adjustment in the third and
12 fourth years of operation to reconcile the
13 total amount of emission allowance rebates
14 received during the first and second years
15 of operation to the amount the entity
16 would have received during the first and
17 second years of operation had the appro18
priate data been available.
19 ‘‘(2) DIRECT CARBON FACTOR.—The direct car20
bon factor for a covered entity for a vintage year is
21 the product of—
22 ‘‘(A) the average output of the covered en23
tity for the two years preceding the year of the
24 distribution; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00940 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
941
H.L.C.
1 ‘‘(B) the most recent calculation of the av2
erage direct greenhouse gas emissions (ex3
pressed in tons of carbon dioxide equivalent)
4 per unit of output for all covered entities in the
5 sector, as determined by the Administrator
6 under paragraph (4).
7 ‘‘(3) INDIRECT CARBON FACTOR.—
8 ‘‘(A) IN GENERAL.—The indirect carbon
9 factor for an entity for a vintage year is the
10 product obtained by multiplying the average
11 output of the entity for the two years preceding
12 the year of the distribution by both the elec13
tricity emissions intensity factor determined
14 pursuant to subparagraph (B) and the elec15
tricity efficiency factor determined pursuant to
16 subparagraph (C) for the year concerned.
17 ‘‘(B) ELECTRICITY EMISSIONS INTENSITY
18 FACTOR.—Each person selling electricity to the
19 owner or operator of an entity in any sector
20 designated as an eligible industrial sector under
21 section 764(b) shall provide the owner or oper22
ator of the entity and the Administrator, on an
23 annual basis, the electricity emissions intensity
24 factor for the entity. øThe electricity emissions
25 intensity factor for the entity, expressed in tons
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00941 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
942
H.L.C.
1 of carbon dioxide equivalents per kilowatt hour,
2 is determined by dividing—¿
3 ø‘‘(i) the annual sum of the hourly
4 product of—¿
5 ø‘‘(I) the electricity purchased by
6 the entity from that person in each
7 hour (expressed in kilowatt hours);
8 multiplied by¿
9 ø‘‘(II) the marginal øor¿ weight10
ed øaverage¿ tons of carbon dioxide
11 equivalent per kilowatt hour that the
12 person selling the electricity
13 øcharges¿ to the entity, taking into
14 account the entity’s retail rate ar15
rangements; by¿
16 ø‘‘(ii) the total kilowatt hours of elec17
tricity purchased by the entity from that
18 person during that year.¿
19 ‘‘(C) ELECTRICITY EFFICIENCY FACTOR.—
20 The electricity efficiency factor is the average
21 amount of electricity (in kilowatt hours) used
22 per unit of output for all entities in the relevant
23 sector, as determined by the Administrator
24 based on the best available data, including data
25 provided under paragraph (6).
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00942 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
943
H.L.C.
1 ‘‘(D) INDIRECT CARBON FACTOR REDUC2
TION.—If an electricity provider received a free
3 allocation of emission allowances pursuant to
4 section 782(a), the Administrator shall adjust
5 the indirect carbon factor to avoid rebates to
6 the eligible entity for costs that the Adminis7
trator determines were not incurred by the in8
dustrial entity because the allowances were free9
ly allocated to the eligible entity’s electricity
10 provider and used for the benefit of industrial
11 consumers.
12 ‘‘(4) GREENHOUSE GAS INTENSITY CALCULA13
TIONS.—The Administrator shall calculate the aver14
age direct greenhouse gas emissions (expressed in
15 tons of carbon dioxide equivalent) per unit of output
16 for all covered entities in each eligible industrial sec17
tor every four years using an average of the two
18 most recent years of the best available data.
19 ‘‘(5) ENSURING EFFICIENCY IMPROVEMENTS.—
20 When making greenhouse gas calculations, the Ad21
ministrator shall—
22 ‘‘(A) limit the average direct greenhouse
23 gas emissions per unit of output, calculated
24 under paragraph (4), for any eligible industrial
25 sector to an amount that is not greater than it
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00943 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
944
H.L.C.
1 was in any previous calculation under this sub2
section; and
3 ‘‘(B) limit the electricity emissions inten4
sity factor, calculated under paragraph (3)(B)
5 and resulting from a change in electricity sup6
ply, for any entity to an amount that is not
7 greater than it was during any previous year.
8 ‘‘(6) DATA SOURCES.—For the purposes of this
9 subsection—
10 ‘‘(A) the Administrator shall use data from
11 the greenhouse gas registry established under
12 section 713, where it is available; and
13 ‘‘(B) each owner or operator of an entity
14 in an eligible industrial sector and each depart15
ment, agency, and instrumentality of the
16 United States shall provide the Administrator
17 with such information as the Administrator
18 finds necessary to determine the direct carbon
19 factor and the indirect carbon factor for each
20 entity subject to this section.
21 ‘‘(c) TOTAL MAXIMUM DISTRIBUTION.—Notwith22
standing subsections (a) and (b), the Administrator shall
23 not distribute more allowances for any vintage year pursu24
ant to this section than are allocated for use under this
25 part pursuant to section 782(e) for that vintage year. For
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00944 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
945
H.L.C.
1 any vintage year for which the total emission allowance
2 rebates calculated pursuant to this section exceed the
3 number of allowances allocated pursuant to section 782(e),
4 the Administrator shall reduce each entity’s distribution
5 on a pro rata basis so that the total distribution under
6 this section equals the number of allowances allocated
7 under section 782(e).
8 ‘‘Subpart 2—International Reserve Allowance
9 Program
10 ‘‘SEC. 766. INTERNATIONAL RESERVE ALLOWANCE PRO11
GRAM.
12 ‘‘(a) ESTABLISHMENT.—
13 ‘‘(1) IN GENERAL.—If the President takes an
14 action described in section 767(c)(3)(B) with respect
15 to a sector then, not later than 24 months after that
16 determination, the Administrator shall issue regula17
tions—
18 ‘‘(A) determining an appropriate price for
19 and offering for sale to United States importers
20 international reserve allowances;
21 ‘‘(B) requiring the submission of appro22
priate amounts of such allowances in conjunc23
tion with the importation into the United States
24 of a primary product produced or manufactured
25 by that sector;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00945 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
946
H.L.C.
1 ‘‘(C) exempting from the requirements of
2 subparagraph (B) primary products produced
3 in—
4 ‘‘(i) a foreign country that the United
5 Nations has identified as among the least
6 developed of developing countries; or
7 ‘‘(ii) a foreign country that the Presi8
dent has determined to be responsible for
9 less than 0.5 percent of total global green10
house gas emissions; and
11 ‘‘(D) prohibiting the introduction into
12 interstate commerce of a primary product with13
out submitting the required number of inter14
national reserve allowances in accordance with
15 such regulations, unless the product was pro16
duced by a covered entity under this title, or by
17 an entity that is øor could be¿ regulated under
18 this title.
19 ‘‘(2) PURPOSE OF PROGRAM.—The Adminis20
trator shall establish the program under paragraph
21 (1) in a manner that addresses, consistent with
22 international agreements to which the United States
23 is a party, the competitive imbalance in the costs of
24 producing or manufacturing primary products in in-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00946 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
947
H.L.C.
1 dustrial sectors resulting from the difference be2
tween—
3 ‘‘(A) the direct and indirect costs of com4
plying with this title; and
5 ‘‘(B) the direct and indirect costs, if any,
6 of complying in other countries with greenhouse
7 gas regulatory programs, requirements, or ex8
port tariffs, or other measures adopted or im9
posed that are related to the reduction of green10
house gas emissions.
11 ‘‘(3) EMISSION ALLOWANCE REBATES.—The
12 Administrator shall take into account the value of
13 emission allowance rebates distributed under subpart
14 1 when making calculations under paragraph (2).
15 ‘‘(4) LIMITATION.—The International Reserve
16 Allowance Program may not begin before January 1,
17 2025.
18 ‘‘(b) COVERED ENTITIES.—International reserve al19
lowances may not be held by covered entities to comply
20 with section 722.
21 ‘‘Subpart 3—Presidential Determination
22 ‘‘SEC. 767. PRESIDENTIAL REPORTS AND DETERMINA23
TIONS.
24 ‘‘(a) REPORT.—Not later than January 1, 2018, the
25 President shall submit a report to Congress on the effec-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00947 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
948
H.L.C.
1 tiveness of the distribution of emission allowance rebates
2 under subpart 1 in mitigating carbon leakage in industrial
3 sectors. Such report shall also include—
4 ‘‘(1) recommendations on how to better achieve
5 the purposes of this part, including an assessment of
6 the feasibility and usefulness of an International Re7
serve Allowance Program; and
8 ‘‘(2) an assessment of the amount and duration
9 of assistance, including distribution of free allow10
ances, being provided to eligible industrial sectors in
11 other developed countries to mitigate costs of com12
pliance with domestic greenhouse gas reduction pro13
grams in such countries.
14 ‘‘(b) PRESIDENTIAL DETERMINATION.—Not later
15 than June 30, 2022, and every four years thereafter, the
16 President, in consultation with the Administrator and
17 other appropriate agencies, shall determine, for each eligi18
ble industrial sector, whether more than 70 percent of
19 global output for that sector is produced or manufactured
20 in countries that have met at least one of the following
21 criteria:
22 ‘‘(1) The country is a party to an international
23 agreement to which the United States is a party
24 that includes a nationally enforceable greenhouse gas
25 emissions reduction commitment for that country
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00948 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
949
H.L.C.
1 that is at least as stringent as that of the United
2 States.
3 ‘‘(2) The country is a party to a multilateral or
4 bilateral emission reduction agreement for that sec5
tor to which the United States is a party.
6 ‘‘(3) The country has an annual energy or
7 greenhouse gas intensity, as described in section
8 764(b)(2)(A)(i), for the sector that is equal to or
9 less than the energy or greenhouse gas intensity for
10 such sector in the United States in the most recent
11 calendar year for which data are available.
12 ‘‘(4) The country has implemented policies, in13
cluding sectoral caps, export tariffs, production fees,
14 electricity generation regulations, or greenhouse gas
15 emissions fees, that individually or collectively im16
pose an incremental increase on the cost of produc17
tion associated with greenhouse gas emissions from
18 the sector that is at least 60 percent of the cost of
19 complying with this title in the United States for
20 such sector, averaged over a two-year period.
21 ‘‘(c) EFFECT OF PRESIDENTIAL DETERMINATION.—
22 If the President makes a determination under subsection
23 (b) with respect to an eligible industrial sector that 70
24 percent or less of the global output for the sector is pro25
duced or manufactured in countries that have met one or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00949 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
950
H.L.C.
1 more of the criteria in subsection (b), then the President
2 shall, not later than June 30, 2022, and every four years
3 thereafter—
4 ‘‘(1) assess the extent to which the emission al5
lowance rebates provided pursuant to subpart 1 have
6 mitigated or addressed, or could mitigate or address,
7 carbon leakage in that sector;
8 ‘‘(2) assess the extent to which an International
9 Reserve Allowance Program has mitigated or ad10
dressed, or could mitigate or address, carbon leakage
11 in that sector and the feasibility of establishing such
12 a program; and
13 ‘‘(3) with respect to that sector—
14 ‘‘(A) modify the percentage by which direct
15 and indirect carbon factors will be multiplied
16 under section 765(a)(1)(B);
17 ‘‘(B) implement an International Reserve
18 Allowance Program under section 766 for the
19 products of the sector; or
20 ‘‘(C) take the actions in both subparagraph
21 (A) and (B).
22 ‘‘(d) REPORT TO CONGRESS.—Not later than June
23 30, 2022, and every four years thereafter, the President
24 shall transmit to the Congress a report providing notice
25 of any determination made under subsection (b), explain-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00950 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
951
H.L.C.
1 ing the reasons for such determination, and identifying the
2 actions taken by the President under subsection (c).
3 ‘‘(e) LIMITATION.—The President may only imple4
ment an International Reserve Allowance Program for sec5
tors producing primary products.
6 ‘‘(f) IRON AND STEEL SECTOR.—For the purposes
7 of this subpart, the Administrator shall consider to be in
8 the same industrial sector—
9 ‘‘(1) entities using integrated iron and
10 steelmaking technologies (including coke ovens, blast
11 furnaces, and other iron-making technologies); and
12 ‘‘(2) entities using electric arc furnace tech13
nologies.’’.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle B: Part 1: Green Jobs and Worker Transition  (Part 1 of 2)
===================================================

14 Subtitle B—Green Jobs and
15 Worker Transition
16 PART 1—GREEN JOBS
17 SEC. 421. CLEAN ENERGY CURRICULUM DEVELOPMENT
18 GRANTS.
19 (a) AUTHORIZATION.—The Secretary of Education is
20 authorized to award grants, on a competitive basis, to eli21
gible partnerships to develop programs of study (con22
taining the information described in section 122(c)(1)(A)
23 of the Carl D. Perkins Career and Technical Education
24 Act of 2006 (20 U.S.C. 2342)), that are focused on emerg25
ing careers and jobs in the fields of clean energy, renew-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00951 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
952
H.L.C.
1 able energy, energy efficiency, climate change mitigation,
2 and climate change adaptation. The Secretary of Edu3
cation shall consult with the Secretary of Labor and the
4 Secretary of Energy prior to the issuance of a solicitation
5 for grant applications.
6 (b) ELIGIBLE PARTNERSHIPS.—For purposes of this
7 section, an eligible partnership shall include—
8 (1) at least 1 local educational agency eligible
9 for funding under section 131 of the Carl D. Per10
kins Career and Technical Education Act of 2006
11 (20 U.S.C. 2351) or an area career and technical
12 education school or education service agency de13
scribed in such section;
14 (2) at least 1 postsecondary institution eligible
15 for funding under section 132 of such Act (20
16 U.S.C. 2352); and
17 (3) representatives of the community including
18 business, labor organizations, and industry that have
19 experience in fields as described in subsection (a).
20 (c) APPLICATION.—An eligible partnership seeking a
21 grant under this section shall submit an application to the
22 Secretary at such time and in such manner as the Sec23
retary may require. Applications shall include—
24 (1) a description of the eligible partners and
25 partnership, the roles and responsibilities of each
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00952 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
953
H.L.C.
1 partner, and a demonstration of each partner’s ca2
pacity to support the program;
3 (2) a description of the career area or areas
4 within the fields as described in subsection (a) to be
5 developed, the reason for the choice, and evidence of
6 the labor market need to prepare students in that
7 area;
8 (3) a description of the new or existing program
9 of study and both secondary and postsecondary com10
ponents;
11 (4) a description of the students to be served by
12 the new program of study;
13 (5) a description of how the program of study
14 funded by the grant will be replicable and dissemi15
nated to schools outside of the partnership, including
16 urban and rural areas;
17 (6) a description of applied learning that will be
18 incorporated into the program of study and how it
19 will incorporate or reinforce academic learning;
20 (7) a description of how the program of study
21 will be delivered;
22 (8) a description of how the program will pro23
vide accessibility to students, especially economically
24 disadvantaged, low performing, and urban and rural
25 students;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00953 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
954
H.L.C.
1 (9) a description of how the program will ad2
dress placement of students in nontraditional fields
3 as described in section 3(20) of the Carl D. Perkins
4 Career and Technical Education Act of 2006 (20
5 U.S.C. 2302(20)); and
6 (10) a description of how the applicant proposes
7 to consult or has consulted with a labor organiza8
tion, labor management partnership, apprenticeship
9 program, or joint apprenticeship and training pro10
gram that provides education and training in the
11 field of study for which the applicant proposes to de12
velop a curriculum.
13 (d) PRIORITY.—The Secretary shall give priority to
14 applications that—
15 (1) use online learning or other innovative
16 means to deliver the program of study to students,
17 educators, and instructors outside of the partner18
ship; and
19 (2) focus on low performing students and spe20
cial populations as defined in section 3(29) of the
21 Carl D. Perkins Career and Technical Education
22 Act of 2006 (20 U.S.C. 2302(29)).
23 (e) PEER REVIEW.—The Secretary shall convene a
24 peer review process to review applications for grants under
25 this section and to make recommendations regarding the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00954 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
955
H.L.C.
1 selection of grantees. Members of the peer review com2
mittee shall include—
3 (1) educators who have experience imple4
menting curricula with comparable purposes; and
5 (2) business and industry experts in fields as
6 described in subsection (a).
7 (f) USES OF FUNDS.—Grants awarded under this
8 section shall be used for the development, implementation,
9 and dissemination of programs of study (as described in
10 section 122(c)(1)(A) of the Carl D. Perkins Career and
11 Technical Education Act (20 U.S.C. 2342(c)(1)(A))) in
12 career areas related to clean energy, renewable energy, en13
ergy efficiency, climate change mitigation, and climate
14 change adaptation.
15 SEC. 422. INCREASED FUNDING FOR ENERGY WORKER
16 TRAINING PROGRAM.
17 Section 171(e)(8) of the Workforce Investment Act
18 of 1998 (29 U.S.C. 2916(e)(8)) is amended by striking
19 ‘‘$125,000,000’’ and inserting ‘‘$150,000,000’’.
20 PART 2—CLIMATE CHANGE WORKER
21 ADJUSTMENT ASSISTANCE
22 SEC. 425. PETITIONS, ELIGIBILITY REQUIREMENTS, AND
23 DETERMINATIONS.
24 (a) PETITIONS.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00955 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
956
H.L.C.
1 (1) FILING.—A petition for certification of eli2
gibility to apply for adjustment assistance for a
3 group of workers under this part may be filed by
4 any of the following:
5 (A) The group of workers.
6 (B) The certified or recognized union or
7 other duly authorized representative of such
8 workers.
9 (C) Employers of such workers, one-stop
10 operators or one-stop partners (as defined in
11 section 101 of the Workforce Investment Act of
12 1998 (29 U.S.C. 2801)), including State em13
ployment security agencies, or the State dis14
located worker unit established under title I of
15 such Act, on behalf of such workers.
16 The petition shall be filed simultaneously with the
17 Secretary of Labor and with the Governor of the
18 State in which such workers’ employment site is lo19
cated.
20 (2) ACTION BY GOVERNORS.—Upon receipt of a
21 petition filed under paragraph (1), the Governor
22 shall—
23 (A) ensure that rapid response activities
24 and appropriate core and intensive services (as
25 described in section 134 of the Workforce In-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00956 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
957
H.L.C.
1 vestment Act of 1998 (29 U.S.C. 2864)) au2
thorized under other Federal laws are made
3 available to the workers covered by the petition
4 to the extent authorized under such laws; and
5 (B) assist the Secretary in the review of
6 the petition by verifying such information and
7 providing such other assistance as the Secretary
8 may request.
9 (3) ACTION BY THE SECRETARY.—Upon receipt
10 of the petition, the Secretary shall promptly publish
11 notice in the Federal Register and on the website of
12 the Department of Labor that the Secretary has re13
ceived the petition and initiated an investigation.
14 (4) HEARINGS.—If the petitioner, or any other
15 person found by the Secretary to have a substantial
16 interest in the proceedings, submits not later than
17 10 days after the date of the Secretary’s publication
18 under paragraph (3) a request for a hearing, the
19 Secretary shall provide for a public hearing and af20
ford such interested persons an opportunity to be
21 present, to produce evidence, and to be heard.
22 (b) ELIGIBILITY.—
23 (1) IN GENERAL.—A group of workers shall be
24 certified by the Secretary as eligible to apply for ad-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00957 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
958
H.L.C.
1 justment assistance under this part pursuant to a
2 petition filed under subsection (a) if—
3 (A) the group of workers is employed in—
4 (i) energy producing and transforming
5 industries;
6 (ii) industries dependent upon energy
7 industries;
8 (iii) energy-intensive manufacturing
9 industries;
10 (iv) consumer goods manufacturing;
11 or
12 (v) other industries whose employment
13 the Secretary determines has been ad14
versely affected by any requirement of title
15 VII of the Clean Air Act;
16 (B) the Secretary determines that a sig17
nificant number or proportion of the workers in
18 such workers’ employment site have become to19
tally or partially separated, or are threatened to
20 become totally or partially separated from em21
ployment; and
22 (C) the sales, production, or delivery of
23 goods or services have decreased as a result of
24 any requirement of title VII of the Clean Air
25 Act, including—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00958 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
959
H.L.C.
1 (i) the shift from reliance upon fossil
2 fuels to other sources of energy, including
3 renewable energy, that results in the clos4
ing of a facility or layoff of employees at
5 a facility that mines, produces, processes,
6 or utilizes fossil fuels to generate elec7
tricity;
8 (ii) a substantial increase in the cost
9 of energy required for a manufacturing fa10
cility to produce items whose prices are
11 competitive in the marketplace, to the ex12
tent the cost is not offset by allowance al13
location to the facility pursuant to title VII
14 of the Clean Air Act; or
15 (iii) other documented occurrences
16 that the Secretary determines are indica17
tors of an adverse impact on an industry
18 described in subparagraph (A) as a result
19 of any requirement of title VII of the
20 Clean Air Act.
21 (2) WORKERS IN PUBLIC AGENCIES.—A group
22 of workers in a public agency shall be certified by
23 the Secretary as eligible to apply for climate change
24 adjustment assistance pursuant to a petition filed if
25 the Secretary determines that a significant number
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00959 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
960
H.L.C.
1 or proportion of the workers in the public agency
2 have become totally or partially separated from em3
ployment, or are threatened to become totally or
4 partially separated as a result of any requirement of
5 title VII of the Clean Air Act.
6 (3) ADVERSELY AFFECTED SERVICE WORK7
ERS.—A group of workers shall be certified as eligi8
ble to apply for climate change adjustment assist9
ance pursuant to a petition filed if the Secretary de10
termines that—
11 (A) a significant number or proportion of
12 the service workers at an employment site
13 where a group of workers has been certified by
14 the Secretary as eligible to apply for adjustment
15 assistance under this part pursuant to para16
graph (1) have become totally or partially sepa17
rated from employment, or are threatened to
18 become totally or partially separated; and
19 (B) a loss of business in the firm providing
20 service workers to an employment site is di21
rectly attributable to one or more of the docu22
mented occurrences listed in paragraph (1)(C).
23 (c) AUTHORITY TO INVESTIGATE AND COLLECT IN24
FORMATION.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00960 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
961
H.L.C.
1 (1) IN GENERAL.—The Secretary shall, in de2
termining whether to certify a group of workers
3 under subsection (d), obtain information the Sec4
retary determines to be necessary to make the cer5
tification, through questionnaires and in such other
6 manner as the Secretary determines appropriate
7 from—
8 (A) the workers’ employer;
9 (B) officials of certified or recognized
10 unions or other duly authorized representatives
11 of the group of workers; or
12 (C) one-stop operators or one-stop partners
13 (as defined in section 101 of the Workforce In14
vestment Act of 1998 (29 U.S.C. 2801)); or
15 (2) VERIFICATION OF INFORMATION.—The Sec16
retary shall require an employer, union, or one-stop
17 operator or partner to certify all information ob18
tained under paragraph (1) from the employer,
19 union, or one-stop operator or partner (as the case
20 may be) on which the Secretary relies in making a
21 determination under subsection (d), unless the Sec22
retary has a reasonable basis for determining that
23 such information is accurate and complete without
24 being certified.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00961 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
962
H.L.C.
1 (3) PROTECTION OF CONFIDENTIAL INFORMA2
TION.—The Secretary may not release information
3 obtained under paragraph (1) that the Secretary
4 considers to be confidential business information un5
less the employer submitting the confidential busi6
ness information had notice, at the time of submis7
sion, that the information would be released by the
8 Secretary, or the employer subsequently consents to
9 the release of the information. Nothing in this para10
graph shall be construed to prohibit the Secretary
11 from providing such confidential business informa12
tion to a court in camera or to another party under
13 a protective order issued by a court.
14 (d) DETERMINATION BY THE SECRETARY OF
15 LABOR.—
16 (1) IN GENERAL.—As soon as possible after the
17 date on which a petition is filed under subsection
18 (a), but in any event not later than 40 days after
19 that date, the Secretary, in consultation with the
20 Secretary of Energy and the Administrator, as nec21
essary, shall determine whether the petitioning
22 group meets the requirements of subsection (b) and
23 shall issue a certification of eligibility to apply for
24 assistance under this part covering workers in any
25 group which meets such requirements. Each certifi-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00962 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
963
H.L.C.
1 cation shall specify the date on which the total or
2 partial separation began or threatened to begin.
3 Upon reaching a determination on a petition, the
4 Secretary shall promptly publish a summary of the
5 determination in the Federal Register and on the
6 website of the Department of Labor, together with
7 the Secretary’s reasons for making such determina8
tion.
9 (2) ONE YEAR LIMITATION.—A certification
10 under this section shall not apply to any worker
11 whose last total or partial separation from the em12
ployment site before the worker’s application under
13 section 426(a) occurred more than 1 year before the
14 date of the petition on which such certification was
15 granted.
16 (3) REVOCATION OF CERTIFICATION.—When17
ever the Secretary determines, with respect to any
18 certification of eligibility of the workers of an em19
ployment site, that total or partial separations from
20 such site are no longer a result of the factors speci21
fied in subsection (b)(1), the Secretary shall termi22
nate such certification and promptly have notice of
23 such termination published in the Federal Register
24 and on the website of the Department of Labor, to25
gether with the Secretary’s reasons for making such
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00963 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
964
H.L.C.
1 determination. Such termination shall apply only
2 with respect to total or partial separations occurring
3 after the termination date specified by the Secretary.
4 (e) INDUSTRY NOTIFICATION OF ASSISTANCE.—
5 Upon receiving a notification of a determination under
6 subsection (d) with respect to a domestic industry the Sec7
retary of Labor shall notify the representatives of the do8
mestic industry affected by the determination, employers
9 publicly identified by name during the course of the pro10
ceeding relating to the determination, and any certified
11 or recognized union or, to the extent practicable, other
12 duly authorized representative of workers employed by
13 such representatives of the domestic industry, of—
14 (1) the adjustment allowances, training, and
15 other benefits available under this part;
16 (2) the manner in which to file a petition and
17 apply for such benefits; and
18 (3) the availability of assistance in filing such
19 petitions;
20 (4) notify the Governor of each State in which
21 one or more employers in such industry are located
22 of the Secretary’s determination and the identity of
23 the employers; and
24 (5) upon request, provide any assistance that is
25 necessary to file a petition under subsection (a).
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00964 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
965
H.L.C.
1 (f) BENEFIT INFORMATION TO WORKERS, PRO2
VIDERS OF TRAINING.—
3 (1) IN GENERAL.—The Secretary shall provide
4 full information to workers about the adjustment al5
lowances, training, and other benefits available
6 under this part and about the petition and applica7
tion procedures, and the appropriate filing dates, for
8 such allowances, training and services. The Sec9
retary shall provide whatever assistance is necessary
10 to enable groups of workers to prepare petitions or
11 applications for program benefits. The Secretary
12 shall make every effort to insure that cooperating
13 State agencies fully comply with the agreements en14
tered into under section 426(a) and shall periodically
15 review such compliance. The Secretary shall inform
16 the State Board for Vocational Education or equiva17
lent agency, the one-stop operators or one-stop part18
ners (as defined in section 101 of the Workforce In19
vestment Act of 1998 (29 U.S.C. 2801), and other
20 public or private agencies, institutions, and employ21
ers, as appropriate, of each certification issued
22 under subsection (d) and of projections, if available,
23 of the needs for training under as a result of such
24 certification.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00965 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
966
H.L.C.
1 (2) NOTICE BY MAIL.—The Secretary shall pro2
vide written notice through the mail of the benefits
3 available under this part to each worker whom the
4 Secretary has reason to believe is covered by a cer5
tification made under subsection (d)—
6 (A) at the time such certification is made,
7 if the worker was partially or totally separated
8 from the adversely affected employment before
9 such certification, or—
10 (B) at the time of the total or partial sepa11
ration of the worker from the adversely affected
12 employment, if subparagraph (A) does not
13 apply.
14 (3) NEWSPAPERS; WEBSITE.—The Secretary
15 shall publish notice of the benefits available under
16 this part to workers covered by each certification
17 made under subsection (d) in newspapers of general
18 circulation in the areas in which such workers reside
19 and shall make such information available on the
20 website of the Department of Labor.
21 SEC. 426. PROGRAM BENEFITS.
22 (a) CLIMATE CHANGE ADJUSTMENT ALLOWANCE.—
23 (1) ELIGIBILITY.—Payment of a climate change
24 adjustment allowance shall be made to an adversely
25 affected worker covered by a certification under sec-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00966 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
967
H.L.C.
1 tion 425(b) who files an application for such allow2
ance for any week of unemployment which begins on
3 or after the date of such certification, if the fol4
lowing conditions are met:
5 (A) Such worker’s total or partial separa6
tion before the worker’s application under this
7 part occurred—
8 (i) on or after the date, as specified in
9 the certification under which the worker is
10 covered, on which total or partial separa11
tion began or threatened to begin in the
12 adversely affected employment;
13 (ii) before the expiration of the 2-year
14 period beginning on the date on which the
15 determination under section 425(d) was
16 made; and
17 (iii) before the termination date, if
18 any, determined pursuant to section
19 425(d)(3).
20 (B) Such worker had, in the 52-week pe21
riod ending with the week in which such total
22 or partial separation occurred, at least 26
23 weeks of full-time employment or 1,040 hours
24 of part time employment in adversely affected
25 employment, or, if data with respect to weeks of
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00967 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
968
H.L.C.
1 employment are not available, equivalent
2 amounts of employment computed under regu3
lations prescribed by the Secretary. For the
4 purposes of this paragraph, any week in which
5 such worker—
6 (i) is on employer-authorized leave for
7 purposes of vacation, sickness, injury, ma8
ternity, or inactive duty or active duty
9 military service for training;
10 (ii) does not work because of a dis11
ability that is compensable under a work12
men’s compensation law or plan of a State
13 or the United States;
14 (iii) had his employment interrupted
15 in order to serve as a full-time representa16
tive of a labor organization in such firm; or
17 (iv) is on call-up for purposes of active
18 duty in a reserve status in the Armed
19 Forces of the United States, provided such
20 active duty is ‘‘Federal service’’ as defined
21 in section 8521(a)(1) of title 5, United
22 States Code,
23 shall be treated as a week of employment.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00968 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
969
H.L.C.
1 (C) Such worker is enrolled in a training
2 program approved by the Secretary under sub3
section (b)(2).
4 (2) INELIGIBILITY FOR CERTAIN OTHER BENE5
FITS.—An adversely affected worker receiving a pay6
ment under this section shall be ineligible to receive
7 any other form of unemployment insurance for the
8 period in which such worker is receiving a climate
9 change adjustment allowance under this section.
10 (3) REVOCATION.—If—
11 (A) the Secretary determines that—
12 (i) the adversely affected worker—
13 (I) has failed to begin participa14
tion in the training program the en15
rollment in which meets the require16
ment of paragraph (1)(C); or
17 (II) has ceased to participate in
18 such training program before com19
pleting such training program; and
20 (ii) there is no justifiable cause for
21 such failure or cessation; or
22 (B) the certification made with respect to
23 such worker under section 425(d) is revoked
24 under paragraph (3) of such section,
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00969 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
970
H.L.C.
1 no adjustment allowance may be paid to the ad2
versely affected worker under this part for the week
3 in which such failure, cessation, or revocation oc4
curred, or any succeeding week, until the adversely
5 affected worker begins or resumes participation in a
6 training program approved by the Secretary under
7 section (b)(2).
8 (4) WAIVERS OF TRAINING REQUIREMENTS.—
9 The Secretary may issue a written statement to an
10 adversely affected worker waiving the requirement to
11 be enrolled in training described in subsection (b)(2)
12 if the Secretary determines that it is not feasible or
13 appropriate for the worker, because of 1 or more of
14 the following reasons:
15 (A) RECALL.—The worker has been noti16
fied that the worker will be recalled by the em17
ployer from which the separation occurred.
18 (B) MARKETABLE SKILLS.—
19 (i) IN GENERAL.—The worker pos20
sesses marketable skills for suitable em21
ployment (as determined pursuant to an
22 assessment of the worker, which may in23
clude the profiling system under section
24 303(j) of the Social Security Act (42
25 U.S.C. 503(j)), carried out in accordance
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00970 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
971
H.L.C.
1 with guidelines issued by the Secretary)
2 and there is a reasonable expectation of
3 employment at equivalent wages in the
4 foreseeable future.
5 (ii) MARKETABLE SKILLS DEFINED.—
6 For purposes of clause (i), the term ‘‘mar7
ketable skills’’ may include the possession
8 of a postgraduate degree from an institu9
tion of higher education (as defined in sec10
tion 102 of the Higher Education Act of
11 1965 (20 U.S.C. 1002)) or an equivalent
12 institution, or the possession of an equiva13
lent postgraduate certification in a special14
ized field.
15 (C) RETIREMENT.—The worker is within 2
16 years of meeting all requirements for entitle17
ment to either—
18 (i) old-age insurance benefits under
19 title II of the Social Security Act (42
20 U.S.C. 401 et seq.) (except for application
21 therefor); or
22 (ii) a private pension sponsored by an
23 employer or labor organization.
24 (D) HEALTH.—The worker is unable to
25 participate in training due to the health of the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00971 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
972
H.L.C.
1 worker, except that a waiver under this sub2
paragraph shall not be construed to exempt a
3 worker from requirements relating to the avail4
ability for work, active search for work, or re5
fusal to accept work under Federal or State un6
employment compensation laws.
7 (E) ENROLLMENT UNAVAILABLE.—The
8 first available enrollment date for the training
9 of the worker is within 60 days after the date
10 of the determination made under this para11
graph, or, if later, there are extenuating cir12
cumstances for the delay in enrollment, as de13
termined pursuant to guidelines issued by the
14 Secretary.
15 (F) TRAINING NOT AVAILABLE.—Training
16 described in subsection (b)(2) is not reasonably
17 available to the worker from either govern18
mental agencies or private sources (which may
19 include area career and technical education
20 schools, as defined in section 3 of the Carl D.
21 Perkins Career and Technical Education Act of
22 2006 (20 U.S.C. 2302), and employers), no
23 training that is suitable for the worker is avail24
able at a reasonable cost, or no training funds
25 are available.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00972 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
973
H.L.C.
1 (5) WEEKLY AMOUNTS.—The climate change
2 adjustment allowance payable to an adversely af3
fected worker for a week of unemployment shall be
4 an amount equal to 70 percent of the average weekly
5 wage of such worker, but in no case shall such
6 amount exceed the average weekly wage for all work7
ers in the State where the adversely affected worker
8 resides.
9 (6) MAXIMUM DURATION OF BENEFITS.—An el10
igible worker may receive a climate change adjust11
ment allowance under this subsection for a period of
12 not longer than 156 weeks.
13 (b) EMPLOYMENT SERVICES AND TRAINING.—
14 (1) INFORMATION AND EMPLOYMENT SERV15
ICES.—The Secretary shall make available, directly
16 or through agreements with the States under section
17 427(a) to adversely affected workers covered by a
18 certification under section 425(a) the following in19
formation and employment services:
20 (A) Comprehensive and specialized assess21
ment of skill levels and service needs, including
22 through—
23 (i) diagnostic testing and use of other
24 assessment tools; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00973 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
974
H.L.C.
1 (ii) in-depth interviewing and evalua2
tion to identify employment barriers and
3 appropriate employment goals.
4 (B) Development of an individual employ5
ment plan to identify employment goals and ob6
jectives, and appropriate training to achieve
7 those goals and objectives.
8 (C) Information on training available in
9 local and regional areas, information on indi10
vidual counseling to determine which training is
11 suitable training, and information on how to
12 apply for such training.
13 (D) Information on training programs and
14 other services provided by a State pursuant to
15 title I of the Workforce Investment Act of 1998
16 and available in local and regional areas, infor17
mation on individual counseling to determine
18 which training is suitable training, and informa19
tion on how to apply for such training.
20 (E) Information on how to apply for finan21
cial aid, including referring workers to edu22
cational opportunity centers described in section
23 402F of the Higher Education Act of 1965 (20
24 U.S.C. 1070a–16), where applicable, and noti25
fying workers that the workers may request fi-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00974 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
975
H.L.C.
1 nancial aid administrators at institutions of
2 higher education (as defined in section 102 of
3 such Act (20 U.S.C. 1002)) to use the adminis4
trators’ discretion under section 479A of such
5 Act (20 U.S.C. 1087tt) to use current year in6
come data, rather than preceding year income
7 data, for determining the amount of need of the
8 workers for Federal financial assistance under
9 title IV of such Act (20 U.S.C. 1070 et seq.).
10 (F) Short-term prevocational services, in11
cluding development of learning skills, commu12
nications skills, interviewing skills, punctuality,
13 personal maintenance skills, and professional
14 conduct to prepare individuals for employment
15 or training.
16 (G) Individual career counseling, including
17 job search and placement counseling, during the
18 period in which the individual is receiving a cli19
mate change adjustment allowance or training
20 under this part, and after receiving such train21
ing for purposes of job placement.
22 (H) Provision of employment statistics in23
formation, including the provision of accurate
24 information relating to local, regional, and na25
tional labor market areas, including—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00975 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
976
H.L.C.
1 (i) job vacancy listings in such labor
2 market areas;
3 (ii) information on jobs skills nec4
essary to obtain jobs identified in job va5
cancy listings described in subparagraph
6 (A);
7 (iii) information relating to local occu8
pations that are in demand and earnings
9 potential of such occupations; and
10 (iv) skills requirements for local occu11
pations described in subparagraph (C).
12 (I) Information relating to the availability
13 of supportive services, including services relat14
ing to child care, transportation, dependent
15 care, housing assistance, and need-related pay16
ments that are necessary to enable an indi17
vidual to participate in training.
18 (2) TRAINING.—
19 (A) APPROVAL OF AND PAYMENT FOR
20 TRAINING.—If the Secretary determines, with
21 respect to an adversely affected worker that—
22 (i) there is no suitable employment
23 (which may include technical and profes24
sional employment) available for an ad25
versely affected worker;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00976 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
977
H.L.C.
1 (ii) the worker would benefit from ap2
propriate training;
3 (iii) there is a reasonable expectation
4 of employment following completion of
5 such training;
6 (iv) training approved by the Sec7
retary is reasonably available to the worker
8 from either governmental agencies or pri9
vate sources (including area career and
10 technical education schools, as defined in
11 section 3 of the Carl D. Perkins Career
12 and Technical Education Act of 2006, and
13 employers);
14 (v) the worker is qualified to under15
take and complete such training; and
16 (vi) such training is suitable for the
17 worker and available at a reasonable cost,
18 the Secretary shall approve such training for
19 the worker. Upon such approval, the worker
20 shall be entitled to have payment of the costs
21 of such training (subject to the limitations im22
posed by this section) paid on the worker’s be23
half by the Secretary directly or through a
24 voucher system.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00977 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
978
H.L.C.
1 (B) DISTRIBUTION.—The Secretary shall
2 establish procedures for the distribution of the
3 funds to States to carry out the training pro4
grams approved under this paragraph, and shall
5 make an initial distribution of the funds made
6 available as soon as practicable after the begin7
ning of each fiscal year.
8 (C) ADDITIONAL RULES REGARDING AP9
PROVAL OF AND PAYMENT FOR TRAINING.—
10 (i) For purposes of applying subpara11
graph (A)(iii), a reasonable expectation of
12 employment does not require that employ13
ment opportunities for a worker be avail14
able, or offered, immediately upon the
15 completion of training approved under
16 such subparagraph.
17 (ii) If the costs of training an ad18
versely affected worker are paid by the
19 Secretary under subparagraph (A), no
20 other payment for such costs may be made
21 under any other provision of Federal law.
22 No payment may be made under subpara23
graph (A) of the costs of training an ad24
versely affected worker or an adversely af25
fected incumbent worker if such costs—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00978 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
979
H.L.C.
1 (I) have already been paid under
2 any other provision of Federal law; or
3 (II) are reimbursable under any
4 other provision of Federal law and a
5 portion of such costs have already
6 been paid under such other provision
7 of Federal law.
8 The provisions of this clause shall not
9 apply to, or take into account, any funds
10 provided under any other provision of Fed11
eral law which are used for any purpose
12 other than the direct payment of the costs
13 incurred in training a particular adversely
14 affected worker, even if such use has the
15 effect of indirectly paying or reducing any
16 portion of the costs involved in training the
17 adversely affected worker.
18 (D) TRAINING PROGRAMS.—The training
19 programs that may be approved under subpara20
graph (A) include—
21 (i) employer-based training, includ22
ing—
23 (I) on-the-job training if ap24
proved by the Secretary under sub25
section (c); and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00979 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
980
H.L.C.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle B: Part 1: Green Jobs and Worker Transition  (Part 2 of 2)
===================================================

1 (II) joint labor-management ap2
prenticeship programs;
3 (ii) any training program provided by
4 a State pursuant to title I of the Work5
force Investment Act of 1998;
6 (iii) any training program approved
7 by a private industry council established
8 under section 102 of such Act;
9 (iv) any programs in career and tech10
nical education described in section 3(5) of
11 the Carl D. Perkins Career and Technical
12 Education Act of 2006;
13 (v) any program of remedial edu14
cation;
15 (vi) any program of prerequisite edu16
cation or coursework required to enroll in
17 training that may be approved under this
18 paragraph;
19 (vii) any training program for which
20 all, or any portion, of the costs of training
21 the worker are paid—
22 (I) under any Federal or State
23 program other than this part; or
24 (II) from any source other than
25 this part;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00980 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
981
H.L.C.
1 (viii) any training program or
2 coursework at an accredited institution of
3 higher education (described in section 102
4 of the Higher Education Act of 1965 (20
5 U.S.C. 1002)), including a training pro6
gram or coursework for the purpose of—
7 (I) obtaining a degree or certifi8
cation; or
9 (II) completing a degree or cer10
tification that the worker had pre11
viously begun at an accredited institu12
tion of higher education; and
13 (ix) any other training program ap14
proved by the Secretary.
15 (3) SUPPLEMENTAL ASSISTANCE.—The Secretary
16 may, as appropriate, authorize supplemental assistance
17 that is necessary to defray reasonable transportation and
18 subsistence expenses for separate maintenance in a case
19 in which training for a worker is provided in a facility that
20 is not within commuting distance of the regular place of
21 residence of the worker.
22 (c) ON-THE-JOB TRAINING REQUIREMENTS.—
23 (1) IN GENERAL.—The Secretary may approve
24 on-the-job training for any adversely affected worker
25 if—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00981 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
982
H.L.C.
1 (A) the Secretary determines that on-the2
job training—
3 (i) can reasonably be expected to lead
4 to suitable employment with the employer
5 offering the on-the-job training;
6 (ii) is compatible with the skills of the
7 worker;
8 (iii) includes a curriculum through
9 which the worker will gain the knowledge
10 or skills to become proficient in the job for
11 which the worker is being trained; and
12 (iv) can be measured by benchmarks
13 that indicate that the worker is gaining
14 such knowledge or skills; and
15 (B) the State determines that the on-the16
job training program meets the requirements of
17 clauses (iii) and (iv) of subparagraph (A).
18 (2) MONTHLY PAYMENTS.—The Secretary shall
19 pay the costs of on-the-job training approved under
20 paragraph (1) in monthly installments.
21 (3) CONTRACTS FOR ON-THE-JOB TRAINING.—
22 (A) IN GENERAL.—The Secretary shall en23
sure, in entering into a contract with an em24
ployer to provide on-the-job training to a work25
er under this subsection, that the skill require-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00982 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
983
H.L.C.
1 ments of the job for which the worker is being
2 trained, the academic and occupational skill
3 level of the worker, and the work experience of
4 the worker are taken into consideration.
5 (B) TERM OF CONTRACT.—Training under
6 any such contract shall be limited to the period
7 of time required for the worker receiving on8
the-job training to become proficient in the job
9 for which the worker is being trained, but may
10 not exceed 156 weeks in any case.
11 (4) EXCLUSION OF CERTAIN EMPLOYERS.—The
12 Secretary shall not enter into a contract for on-the13
job training with an employer that exhibits a pattern
14 of failing to provide workers receiving on-the-job
15 training from the employer with—
16 (A) continued, long-term employment as
17 regular employees; and
18 (B) wages, benefits, and working condi19
tions that are equivalent to the wages, benefits,
20 and working conditions provided to regular em21
ployees who have worked a similar period of
22 time and are doing the same type of work as
23 workers receiving on-the-job training from the
24 employer.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00983 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
984
H.L.C.
1 (d) ADMINISTRATIVE AND EMPLOYMENT SERVICES
2 FUNDING.—
3 (1) ADMINISTRATIVE FUNDING.—In addition to
4 any funds made available to a State to carry out this
5 section for a fiscal year, the State shall receive for
6 the fiscal year a payment in an amount that is equal
7 to 15 percent of the amount of such funds and
8 shall—
9 (A) use not more than 2⁄3 of such payment
10 for the administration of the climate change ad11
justment assistance for workers program under
12 this part, including for—
13 (i) processing waivers of training re14
quirements under subsection (a)(4);
15 (ii) collecting, validating, and report16
ing data required under this part; and
17 (iii) administering the Climate Change
18 Adjustment Assistance Allowance pay19
ments; and
20 (B) use not less than 1⁄3 of such payment
21 for information and employment services under
22 subsection (b)(1).
23 (2) EMPLOYMENT SERVICES FUNDING.—
24 (A) IN GENERAL.—In addition to any
25 funds made available to a State to carry out
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00984 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
985
H.L.C.
1 subsection (b)(2) and the payment under para2
graph (1) for a fiscal year, the Secretary shall
3 provide to the State for the fiscal year a reason4
able payment for the purpose of providing em5
ployment and services under subsection (b)(1).
6 (B) VOLUNTARY RETURN OF FUNDS.—A
7 State that receives a payment under subpara8
graph (A) may decline or otherwise return such
9 payment to the Secretary.
10 (e) JOB SEARCH ALLOWANCES.—The Secretary of
11 Labor may provide adversely affected workers a one-time
12 job search allowance in accordance with regulations pre13
scribed by the Secretary. Any job search allowance pro14
vided shall be available only under the following cir15
cumstances and conditions:
16 (1) The worker is no longer eligible for the cli17
mate change adjustment allowance under subsection
18 (a) and has completed the training program required
19 by subsection (a)(1)(E).
20 (2) The Secretary determines that the worker
21 cannot reasonably be expected to secure suitable em22
ployment in the commuting area in which the worker
23 resides.
24 (3) An allowance granted shall provide reim25
bursement to the worker of all necessary job search
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00985 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
986
H.L.C.
1 expenses as prescribed by the Secretary in regula2
tions. Such reimbursement under this subsection
3 may not exceed $1,500 for any worker.
4 (f) RELOCATION ALLOWANCE AUTHORIZED.—
5 (1) IN GENERAL.—Any adversely affected work6
er covered by a certification issued under section
7 425 may file an application for a relocation allow8
ance with the Secretary, and the Secretary may
9 grant the relocation allowance, subject to the terms
10 and conditions of this subsection.
11 (2) CONDITIONS FOR GRANTING ALLOWANCE.—
12 A relocation allowance may be granted if all of the
13 following terms and conditions are met:
14 (A) ASSIST AN ADVERSELY AFFECTED
15 WORKER.—The relocation allowance will assist
16 an adversely affected worker in relocating with17
in the United States.
18 (B) LOCAL EMPLOYMENT NOT AVAIL19
ABLE.—The Secretary determines that the
20 worker cannot reasonably be expected to secure
21 suitable employment in the commuting area in
22 which the worker resides.
23 (C) TOTAL SEPARATION.—The worker is
24 totally separated from employment at the time
25 relocation commences.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00986 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
987
H.L.C.
1 (D) SUITABLE EMPLOYMENT OBTAINED.—
2 The worker—
3 (i) has obtained suitable employment
4 affording a reasonable expectation of long5
term duration in the area in which the
6 worker wishes to relocate; or
7 (ii) has obtained a bona fide offer of
8 such employment.
9 (E) APPLICATION.—The worker filed an
10 application with the Secretary at such time and
11 in such manner as the Secretary shall specify
12 by regulation.
13 (3) AMOUNT OF ALLOWANCE.—The relocation
14 allowance granted to a worker under paragraph (1)
15 includes—
16 (A) all reasonable and necessary expenses
17 (including, subsistence and transportation ex18
penses at levels not exceeding amounts pre19
scribed by the Secretary in regulations) in20
curred in transporting the worker, the worker’s
21 family, and household effects; and
22 (B) a lump sum equivalent to 3 times the
23 worker’s average weekly wage, up to a max24
imum payment of $1,500.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00987 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
988
H.L.C.
1 (4) LIMITATIONS.—A relocation allowance may
2 not be granted to a worker unless—
3 (A) the relocation occurs within 182 days
4 after the filing of the application for relocation
5 assistance; or
6 (B) the relocation occurs within 182 days
7 after the conclusion of training, if the worker
8 entered a training program approved by the
9 Secretary under subsection (b)(2).
10 (g) HEALTH INSURANCE CONTINUATION.—Not later
11 than 1 year after the date of enactment of this part, the
12 Secretary of Labor shall prescribe regulations to provide,
13 for the period in which an adversely affected worker is
14 participating in a training program described in sub15
section (b)(2), 80 percent of the monthly premium of any
16 health insurance coverage that an adversely affected work17
er was receiving from such worker’s employer prior to the
18 separation from employment described in section 425(b),
19 to be paid to any health care insurance plan designated
20 by the adversely affected worker receiving an allowance
21 under this section.
22 SEC. 427. GENERAL PROVISIONS.
23 (a) AGREEMENTS WITH STATES.—
24 (1) IN GENERAL.—The Secretary is authorized
25 on behalf of the United States to enter into an
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00988 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
989
H.L.C.
1 agreement with any State, or with any State agency
2 (referred to in this section as ‘‘cooperating States’’
3 and ‘‘cooperating States agencies’’ respectively).
4 Under such an agreement, the cooperating State
5 agency—
6 (A) as agent of the United States, shall re7
ceive applications for, and shall provide, pay8
ments on the basis provided in this part;
9 (B) in accordance with paragraph (6),
10 shall make available to adversely affected work11
ers covered by a certification under section
12 425(d) the employment services described in
13 section 426(b)(1);
14 (C) shall make any certifications required
15 under section 425(d);
16 (D) shall otherwise cooperate with the Sec17
retary and with other State and Federal agen18
cies in providing payments and services under
19 this part.
20 Each agreement under this section shall provide the
21 terms and conditions upon which the agreement may
22 be amended, suspended, or terminated.
23 (2) FORM AND MANNER OF DATA.—Each
24 agreement under this section shall—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00989 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
990
H.L.C.
1 (A) provide the Secretary with the author2
ity to collect any data the Secretary determines
3 necessary to meet the requirements of this part;
4 and
5 (B) specify the form and manner in which
6 any such data requested by the Secretary shall
7 be reported.
8 (3) RELATIONSHIP TO UNEMPLOYMENT INSUR9
ANCE.—Each agreement under this section shall
10 provide that an adversely affected worker receiving
11 a climate change adjustment allowance under this
12 part shall not be eligible for unemployment insur13
ance otherwise payable to such worker under the
14 laws of the State.
15 (4) REVIEW.—A determination by a cooper16
ating State agency with respect to entitlement to
17 program benefits under an agreement is subject to
18 review in the same manner and to the same extent
19 as determinations under the applicable State law
20 and only in that manner and to that extent.
21 (5) COORDINATION.—Any agreement entered
22 into under this section shall provide for the coordi23
nation of the administration of the provisions for
24 employment services, training, and supplemental as25
sistance under section 426 and under title I of the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00990 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
991
H.L.C.
1 Workforce Investment Act of 1998 upon such terms
2 and conditions as are established by the Secretary in
3 consultation with the States and set forth in such
4 agreement. Any agency of the State jointly admin5
istering such provisions under such agreement shall
6 be considered to be a cooperating State agency for
7 purposes of this part.
8 (6) RESPONSIBILITIES OF COOPERATING AGEN9
CIES.—Each cooperating State agency shall, in car10
rying out paragraph (1)(B)—
11 (A) advise each worker who applies for un12
employment insurance of the benefits under this
13 part and the procedures and deadlines for ap14
plying for such benefits;
15 (B) facilitate the early filing of petitions
16 under section 425(a) for any workers that the
17 agency considers are likely to be eligible for
18 benefits under this part;
19 (C) advise each adversely affected worker
20 to apply for training under section 426(b) be21
fore, or at the same time, the worker applies for
22 climate change adjustment allowances under
23 section 426(a);
24 (D) perform outreach to, intake of, and
25 orientation for adversely affected workers and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00991 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
992
H.L.C.
1 adversely affected incumbent workers covered
2 by a certification under section 426(a) with re3
spect to assistance and benefits available under
4 this part;
5 (E) make employment services described in
6 section 426(b)(1) available to adversely affected
7 workers and adversely affected incumbent work8
ers covered by a certification under section
9 425(d) and, if funds provided to carry out this
10 part are insufficient to make such services
11 available, make arrangements to make such
12 services available through other Federal pro13
grams; and
14 (F) provide the benefits and reemployment
15 services under this part in a manner that is
16 necessary for the proper and efficient adminis17
tration of this part, including the use of state
18 agency personnel employed in accordance with a
19 merit system of personnel administration stand20
ards, including—
21 (i) making determinations of eligibility
22 for, and payment of, climate change read23
justment allowances and health care ben24
efit replacement amounts;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00992 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
993
H.L.C.
1 (ii) developing recommendations re2
garding payments as a bridge to retire3
ment and lump sum payments to pension
4 plans in accordance with this subsection;
5 and
6 (iii) the provision of reemployment
7 services to eligible workers, including refer8
ral to training services.
9 (7) In order to promote the coordination of
10 workforce investment activities in each State with
11 activities carried out under this part, any agreement
12 entered into under this section shall provide that the
13 State shall submit to the Secretary, in such form as
14 the Secretary may require, the description and infor15
mation described in paragraphs (8) and (14) of sec16
tion 112(b) of the Workforce Investment Act of
17 1998 (29 U.S.C. 2822(b)) and a description of the
18 State’s rapid response activities under section
19 221(a)(2)(A).
20 (8) CONTROL MEASURES.—
21 (A) IN GENERAL.—The Secretary shall re22
quire each cooperating State and cooperating
23 State agency to implement effective control
24 measures and to effectively oversee the oper25
ation and administration of the climate change
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00993 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
994
H.L.C.
1 adjustment assistance program under this part,
2 including by means of monitoring the operation
3 of control measures to improve the accuracy
4 and timeliness of the data being collected and
5 reported.
6 (B) DEFINITION.—For purposes of sub7
paragraph (A), the term ‘‘control measures’’
8 means measures that—
9 (i) are internal to a system used by a
10 State to collect data; and
11 (ii) are designed to ensure the accu12
racy and verifiability of such data.
13 (9) DATA REPORTING.—
14 (A) IN GENERAL.—Any agreement entered
15 into under this section shall require the cooper16
ating State or cooperating State agency to re17
port to the Secretary on a quarterly basis com18
prehensive performance accountability data, to
19 consist of—
20 (i) the core indicators of performance
21 described in subparagraph (B)(i);
22 (ii) the additional indicators of per23
formance described in subparagraph
24 (B)(ii), if any; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00994 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
995
H.L.C.
1 (iii) a description of efforts made to
2 improve outcomes for workers under the
3 climate change adjustment assistance pro4
gram.
5 (B) CORE INDICATORS DESCRIBED.—
6 (i) IN GENERAL.—The core indicators
7 of performance described in this subpara8
graph are—
9 (I) the percentage of workers re10
ceiving benefits under this part who
11 are employed during the second cal12
endar quarter following the calendar
13 quarter in which the workers cease re14
ceiving such benefits;
15 (II) the percentage of such work16
ers who are employed in each of the
17 third and fourth calendar quarters fol18
lowing the calendar quarter in which
19 the workers cease receiving such bene20
fits; and
21 (III) the earnings of such work22
ers in each of the third and fourth
23 calendar quarters following the cal24
endar quarter in which the workers
25 cease receiving such benefits.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00995 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
996
H.L.C.
1 (ii) ADDITIONAL INDICATORS.—The
2 Secretary and a cooperating State or co3
operating State agency may agree upon
4 additional indicators of performance for
5 the climate change adjustment assistance
6 program under this part, as appropriate.
7 (C) STANDARDS WITH RESPECT TO RELI8
ABILITY OF DATA.—In preparing the quarterly
9 report required by subparagraph (A), each co10
operating State or cooperating State agency
11 shall establish procedures that are consistent
12 with guidelines to be issued by the Secretary to
13 ensure that the data reported are valid and reli14
able.
15 (10) VERIFICATION OF ELIGIBILITY FOR PRO16
GRAM BENEFITS.—
17 (A) IN GENERAL.—An agreement under
18 this section shall provide that the State shall
19 periodically redetermine that a worker receiving
20 benefits under this part who is not a citizen or
21 national of the United States remains in a sat22
isfactory immigration status. Once satisfactory
23 immigration status has been initially verified
24 through the immigration status verification sys25
tem described in section 1137(d) of the Social
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00996 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
997
H.L.C.
1 Security Act (42 U.S.C. 1320b-7(d)) for pur2
poses of establishing a worker’s eligibility for
3 unemployment compensation, the State shall
4 reverify the worker’s immigration status if the
5 documentation provided during initial
6 verification will expire during the period in
7 which that worker is potentially eligible to re8
ceive benefits under this part. The State shall
9 conduct such redetermination in a timely man10
ner, utilizing the immigration status verification
11 system described in section 1137(d) of the So12
cial Security Act (42 U.S.C. 1320b-7(d)).
13 (B) PROCEDURES.—The Secretary shall
14 establish procedures to ensure the uniform ap15
plication by the States of the requirements of
16 this paragraph.
17 (b) ADMINISTRATION ABSENT STATE AGREE18
MENT.—
19 (1) In any State where there is no agreement
20 in force between a State or its agency under sub21
section (a), the Secretary shall promulgate regula22
tions for the performance of all necessary functions
23 under section 426, including provision for a fair
24 hearing for any worker whose application for pay25
ments is denied.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00997 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
998
H.L.C.
1 (2) A final determination under paragraph (1)
2 with respect to entitlement to program benefits
3 under section 426 is subject to review by the courts
4 in the same manner and to the same extent as is
5 provided by section 205(g) of the Social Security Act
6 (42 U.S.C. 405(g)).
7 (c) PROHIBITION ON CONTRACTING WITH PRIVATE
8 ENTITIES.—Neither the Secretary nor a State may con9
tract with any private for-profit or nonprofit entity for the
10 administration of the climate change adjustment assist11
ance program under this part.
12 (d) PAYMENT TO THE STATES.—
13 (1) IN GENERAL.—The Secretary shall from
14 time to time certify to the Secretary of the Treasury
15 for payment to each cooperating State the sums nec16
essary to enable such State as agent of the United
17 States to make payments provided for by this part.
18 (2) RESTRICTION.—All money paid a State
19 under this subsection shall be used solely for the
20 purposes for which it is paid; and money so paid
21 which is not used for such purposes shall be re22
turned, at the time specified in the agreement under
23 this section, to the Secretary of the Treasury.
24 (3) BONDS.—Any agreement under this section
25 may require any officer or employee of the State cer-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00998 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
999
H.L.C.
1 tifying payments or disbursing funds under the
2 agreement or otherwise participating in the perform3
ance of the agreement, to give a surety bond to the
4 United States in such amount as the Secretary may
5 deem necessary, and may provide for the payment of
6 the cost of such bond from funds for carrying out
7 the purposes of this part.
8 (e) LABOR STANDARDS.—
9 (1) PROHIBITION ON DISPLACEMENT.—An indi10
vidual in an apprenticeship program or on-the-job
11 training program under this part shall not displace
12 (including a partial displacement, such as a reduc13
tion in the hours of non-overtime work, wages, or
14 employment benefits) any employed employee.
15 (2) PROHIBITION ON IMPAIRMENT OF CON16
TRACTS.—An apprenticeship program or on-the-job
17 raining program under this Act shall not impair an
18 existing contract for services or collective bargaining
19 agreement, and no such activity that would be incon20
sistent with the terms of a collective bargaining
21 agreement shall be undertaken without the written
22 concurrence of the labor organization and employer
23 concerned.
24 (3) ADDITIONAL STANDARDS.—The Secretary,
25 or a State acting under an agreement described in
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 00999 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1000
H.L.C.
1 subsection (a) may pay the costs of on-the-job train2
ing, notwithstanding any other provision of this sec3
tion, only if—
4 (A) in the case of training which would be
5 inconsistent with the terms of a collective bar6
gaining agreement, the written concurrence of
7 the labor organization concerned has been ob8
tained;
9 (B) the job for which such adversely af10
fected worker is being trained is not being cre11
ated in a promotional line that will infringe in
12 any way upon the promotional opportunities of
13 currently employed individuals;
14 (C) such training is not for the same occu15
pation from which the worker was separated
16 and with respect to which such worker’s group
17 was certified pursuant to section 425(d);
18 (D) the employer is provided reimburse19
ment of not more than 50 percent of the wage
20 rate of the participant, for the cost of providing
21 the training and additional supervision related
22 to the training; and
23 (E) the employer has not received payment
24 under with respect to any other on-the-job
25 training provided by such employer which failed
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01000 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1001
H.L.C.
1 to meet the requirements of subparagraphs (A)
2 through (D).
3 (f) DEFINITIONS.—As used in this part the following
4 definitions apply:
5 (1) The term ‘‘adversely affected employment’’
6 means employment at an employment site, if work7
ers at such site are eligible to apply for adjustment
8 assistance under this part.
9 (2) The term ‘‘adversely affected worker’’
10 means an individual who has been totally or partially
11 separated from employment and is eligible to apply
12 for adjustment assistance under this part.
13 (3) The term ‘‘average weekly wage’’ means 1⁄13
14 of the total wages paid to an individual in the quar15
ter in which the individual’s total wages were highest
16 among the first 4 of the last 5 completed calendar
17 quarters immediately before the quarter in which oc18
curs the week with respect to which the computation
19 is made. Such week shall be the week in which total
20 separation occurred, or, in cases where partial sepa21
ration is claimed, an appropriate week, as defined in
22 regulations prescribed by the Secretary.
23 (4) The term ‘‘average weekly hours’’ means
24 the average hours worked by the individual (exclud25
ing overtime) in the employment from which he has
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01001 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1002
H.L.C.
1 been or claims to have been separated in the 52
2 weeks (excluding weeks during which the individual
3 was sick or on vacation) preceding the week speci4
fied in the last sentence of paragraph (4).
5 (5) The term ‘‘benefit period’’ means, with re6
spect to an individual—
7 (A) the benefit year and any ensuing pe8
riod, as determined under applicable State law,
9 during which the individual is eligible for reg10
ular compensation, additional compensation, or
11 extended compensation; or
12 (B) the equivalent to such a benefit year
13 or ensuing period provided for under the appli14
cable Federal unemployment insurance law.
15 (6) The term ‘‘consumer goods manufacturing’’
16 means the electrical equipment, appliance, and com17
ponent manufacturing industry and transportation
18 equipment manufacturing.
19 (7) The term ‘‘employment site’’ means a single
20 facility or site of employment.
21 (8) The term ‘‘energy-intensive manufacturing
22 industries’’ means all industrial sectors, entities, or
23 groups of entities that meet the energy or green24
house gas intensity criteria in section
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01002 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1003
H.L.C.
1 765(b)(2)(A)(i) of the Clean Air Act based on the
2 most recent data available.
3 (9) The term ‘‘energy producing and trans4
forming industries’’ means the coal mining industry,
5 oil and gas extraction, electricity power generation,
6 transmission and distribution, and natural gas dis7
tribution.
8 (10) The term ‘‘industries dependent on energy
9 industries’’ means rail transportation and pipeline
10 transportation.
11 (11) The term ‘‘on-the-job training’’ means
12 training provided by an employer to an individual
13 who is employed by the employer.
14 (12) The terms ‘‘partial separation’’ and ‘‘par15
tially separated’’ refer, with respect to an individual
16 who has not been totally separated, that such indi17
vidual has had—
18 (A) his or her hours of work reduced to 80
19 percent or less of his average weekly hours in
20 adversely affected employment; and
21 (B) his or her wages reduced to 80 percent
22 or less of his average weekly wage in such ad23
versely affected employment.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01003 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1004
H.L.C.
1 (13) The term ‘‘public agency’’ means a depart2
ment or agency of a State or political subdivision of
3 a State or of the Federal government.
4 (14) The term ‘‘Secretary’’ means the Secretary
5 of Labor.
6 (15) The term ‘‘service workers’’ means work7
ers supplying support or auxiliary services to an em8
ployment site.
9 (16) The term ‘‘State agency’’ means the agen10
cy of the State which administers the State law.
11 (17) The term ‘‘State law’’ means the unem12
ployment insurance law of the State approved by the
13 Secretary of Labor under section 3304 of the Inter14
nal Revenue Code of 1954.
15 (18) The terms ‘‘total separation’’ and ‘‘totally
16 separated’’ refer to the layoff or severance of an in17
dividual from employment with an employer in which
18 adversely affected employment exists.
19 (19) The term ‘‘unemployment insurance’’
20 means the unemployment compensation payable to
21 an individual under any State law or Federal unem22
ployment compensation law, including chapter 85 of
23 title 5, United States Code, and the Railroad Unem24
ployment Insurance Act. The terms ‘‘regular com25
pensation’’, ‘‘additional compensation’’, and ‘‘ex-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01004 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1005
H.L.C.
1 tended compensation’’ have the same respective
2 meanings that are given them in section 205(2), (3),
3 and (4) of the Federal-State Extended Unemploy4
ment Compensation Act of 1970 (26 U.S.C. 3304
5 note.)
6 (20) The term ‘‘week’’ means a week as defined
7 in the applicable State law.
8 (21) The term ‘‘week of unemployment’’ means
9 a week of total, part-total, or partial unemployment
10 as determined under the applicable State law or
11 Federal unemployment insurance law.
12 (g) SPECIAL RULE WITH RESPECT TO MILITARY
13 SERVICE.—
14 (1) IN GENERAL.—Notwithstanding any other
15 provision of this part, the Secretary may waive any
16 requirement of this part that the Secretary deter17
mines is necessary to ensure that an adversely af18
fected worker who is a member of a reserve compo19
nent of the Armed Forces and serves a period of
20 duty described in paragraph (2) is eligible to receive
21 a climate change adjustment allowance, training,
22 and other benefits under this part in the same man23
ner and to the same extent as if the worker had not
24 served the period of duty.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01005 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1006
H.L.C.
1 (2) PERIOD OF DUTY DESCRIBED.—An ad2
versely affected worker serves a period of duty de3
scribed in this paragraph if, before completing train4
ing under this part, the worker—
5 (A) serves on active duty for a period of
6 more than 30 days under a call or order to ac7
tive duty of more than 30 days; or
8 (B) in the case of a member of the Army
9 National Guard of the United States or Air Na10
tional Guard of the United States, performs
11 full-time National Guard duty under section
12 502(f) of title 32, United States Code, for 30
13 consecutive days or more when authorized by
14 the President or the Secretary of Defense for
15 the purpose of responding to a national emer16
gency declared by the President and supported
17 by Federal funds.
18 (h) FRAUD AND RECOVERY OF OVERPAYMENTS.—
19 (1) RECOVERY OF PAYMENTS TO WHICH AN IN20
DIVIDUAL WAS NOT ENTITLED.—If the Secretary or
21 a court of competent jurisdiction determines that
22 any person has received any payment under this
23 part to which the individual was not entitled, such
24 individual shall be liable to repay such amount to
25 the Secretary, as the case may be, except that the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01006 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1007
H.L.C.
1 Secretary shall waive such repayment if such agency
2 or the Secretary determines that—
3 (A) the payment was made without fault
4 on the part of such individual; and
5 (B) requiring such repayment would cause
6 a financial hardship for the individual (or the
7 individual’s household, if applicable) when tak8
ing into consideration the income and resources
9 reasonably available to the individual (or house10
hold) and other ordinary living expenses of the
11 individual (or household).
12 (2) MEANS OF RECOVERY.—Unless an overpay13
ment is otherwise recovered, or waived under para14
graph (1), the Secretary shall recover the overpay15
ment by deductions from any sums payable to such
16 person under this part, under any Federal unem17
ployment compensation law or other Federal law ad18
ministered by the Secretary which provides for the
19 payment of assistance or an allowance with respect
20 to unemployment. Any amount recovered under this
21 section shall be returned to the Treasury of the
22 United States.
23 (3) PENALTIES FOR FRAUD.—Any person
24 who—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01007 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1008
H.L.C.
1 (A) makes a false statement of a material
2 fact knowing it to be false, or knowingly fails
3 to disclose a material fact, for the purpose of
4 obtaining or increasing for that person or for
5 any other person any payment authorized to be
6 furnished under this part; or
7 (B) makes a false statement of a material
8 fact knowing it to be false, or knowingly fails
9 to disclose a material fact, when providing in10
formation to the Secretary during an investiga11
tion of a petition under section 425(c),
12 shall be imprisoned for not more than one year, or fined
13 under title 18, United States Code, or both, and be ineli14
gible for any further payments under this part.
15 (i) REGULATIONS.—The Secretary shall prescribe
16 such regulations as may be necessary to carry out the pro17
visions of this part.
18 (j) STUDY ON OLDER WORKERS.—The Secretary
19 shall conduct a study examine the circumstances of older
20 adversely affected workers and the ability of such workers
21 to access their retirement benefits. The Secretary shall
22 transmit a report to Congress not later than 2 years after
23 the date of enactment of this part on the findings of the
24 study and the Secretary’s recommendations on how to en-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01008 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1009
H.L.C.
1 sure that adversely affected workers within 2 years of re2
tirement are able to access their retirement benefits.
3 ø(k) SPENDING LIMIT.—For each fiscal year, the
4 total amount of funds disbursed for the purposes described
5 in section 426 shall not exceed the amount deposited in
6 that fiscal year into the Climate Change Worker Assist7
ance Fund established under section ø782(j)¿ of the Clean
8 Air Act. The annual spending limit for any succeeding
9 year shall be increased by the difference, if any, between
10 the amount of the prior year’s disbursements and the
11 spending limitation for that year. The Secretary shall pro12
mulgate rules to ensure that this spending limit is not ex13
ceeded. Such rules shall provide that workers who receive
14 any of the benefits described in section 426 receive full
15 benefits, and shall include the establishment of a waiting
16 list for workers in the event that the requests for assist17
ance exceed the spending limit.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle B: Part 1: Green Jobs and Worker Transition  ===================================================

NOTE: There is no "part 2" to Subtitle B in the bill. So this is posted FYI... moving on to Subtitle C...
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle C: Consumer Assistance
===================================================

18 Subtitle C—Consumer Assistance
19 SEC. 431. ENERGY REFUND PROGRAM.
20 The Social Security Act (42 U.S.C. 201 et seq.) is
21 amended by adding at the end the following:
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01009 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1010
H.L.C.
1 ‘‘TITLE XXII—ENERGY REFUND
2 PROGRAM
3 ‘‘SEC. 2201. ENERGY REFUND PROGRAM.
4 ‘‘(a) IN GENERAL.—The Secretary shall formulate
5 and administer the program provided for in this section,
6 which shall be known as the ‘Energy Refund Program’,
7 and under which eligible low-income households are pro8
vided cash payments to reimburse the households for the
9 estimated loss in their purchasing power resulting from
10 the American Clean Energy and Security Act of 2009.
11 ‘‘(b) ENTITLEMENT OF ELIGIBLE HOUSEHOLDS TO
12 CASH PAYMENTS.—At the request of the State agency of
13 a State, each eligible low-income household in the State
14 shall be entitled to receive monthly cash payments under
15 this section in an amount equal to the monthly energy re16
fund amount determined under subsection (d).
17 ‘‘(c) ELIGIBILITY.—
18 ‘‘(1) ELIGIBLE HOUSEHOLDS.—A household
19 shall be considered to be an eligible low-income
20 household for purposes of this section if—
21 ‘‘(A) the gross income of the household
22 does not exceed the greater of—
23 ‘‘(i) 150 percent of the poverty line;
24 or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01010 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1011
H.L.C.
1 ‘‘(ii) the greatest amount of household
2 gross income in respect of which a benefit
3 could be payable under subsection
4 (d)(2)(B);
5 ‘‘(B) the State agency of the State in
6 which the household is located determines that
7 the household is participating in—
8 ‘‘(i) the Supplemental Nutrition As9
sistance Program authorized by the Food
10 and Nutrition Act of 2008 (7 U.S.C. 2011
11 et seq.);
12 ‘‘(ii) the Food Distribution Program
13 on Indian Reservations authorized by sec14
tion 4(b) of such Act (7 U.S.C. 2013(b));
15 or
16 ‘‘(iii) the program for nutrition assist17
ance in Puerto Rico or American Samoa
18 under section 19 of such Act (7 U.S.C.
19 2028);
20 ‘‘(C) the household consists of a single in21
dividual or a married couple, and—
22 ‘‘(i) receives the subsidy described in
23 section 1860D–14 of this Act (42 U.S.C.
24 1395w–114); or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01011 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1012
H.L.C.
1 ‘‘(ii)(I) participates in the program
2 under title XVIII of this Act; and
3 ‘‘(II) meets the income requirements
4 described in section 1860D–14(a)(1) or
5 (a)(2) of this Act (42 U.S.C. 1395w–
6 114(a)(1) or (a)(2)); or
7 ‘‘(D) the household consists of a single in8
dividual or a married couple, and receives bene9
fits under the supplemental security income
10 program under title XVI of this Act (42 U.S.C.
11 1381–1383f).
12 ‘‘(2) STREAMLINED PARTICIPATION FOR CER13
TAIN BENEFICIARIES.—The Secretary shall—
14 ‘‘(A) periodically estimate the number of
15 eligible beneficiaries and households, and the
16 number of participating beneficiaries and
17 households, for the Energy Refund Program;
18 and
19 ‘‘(B) develop procedures, in consultation
20 with the Commissioner of Social Security, the
21 Railroad Retirement Board, the Secretary of
22 Veterans Affairs, and the State agencies, to en23
sure that low-income beneficiaries of the benefit
24 programs administered by such entities receive
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01012 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1013
H.L.C.
1 the energy refund for which the beneficiaries
2 are eligible under the Energy Refund Program.
3 ‘‘(3) LIMITATION.—Notwithstanding any other
4 provision of law, the Secretary shall provide refunds
5 to United States citizens, United States nationals,
6 and individuals lawfully residing in the United
7 States who qualify for a refund under paragraph
8 (1)(A), and shall establish procedures to ensure that
9 other individuals do not receive refunds.
10 ‘‘(4) NATIONAL STANDARDS.—The Secretary
11 shall consult with the Secretary of Agriculture and
12 establish uniform national standards of eligibility en13
suring that States may seamlessly co-administer the
14 energy refund program with the Supplemental Nu15
trition Assistance Program in accordance with the
16 provisions of this section. No State agency shall im17
pose any other standard or requirement as a condi18
tion of eligibility or refund receipt under the pro19
gram. Assistance in the Energy Refund Program
20 shall be furnished promptly to all eligible households
21 who make application for such participation or are
22 already enrolled in any program referred to in para23
graph (1).
24 ‘‘(d) MONTHLY ENERGY REFUND AMOUNT.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01013 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1014
H.L.C.
1 ‘‘(1) ESTIMATED ANNUAL TOTAL LOSS IN PUR2
CHASING POWER.—Not later than August 31 of each
3 fiscal year, the Energy Information Administration
4 shall estimate the annual total loss in purchasing
5 power that will result from American Clean Energy
6 and Security Act of 2009 in the next fiscal year for
7 households of each size with gross income equal to
8 150 percent of the poverty line, based on the pro9
jected total market value of all compliance costs (in10
cluding, but not limited to, the emissions allowances
11 used to demonstrate compliance with title VII of the
12 Clean Air Act in the next fiscal year, and excluding
13 costs that are not projected to be incurred by house14
holds as a result of allowances freely allocated and
15 intended for residential consumer assistance pursu16
ant to sections 783 through 785 of the Clean Air
17 Act), in a way generally recognized as suitable by
18 experts.
19 ‘‘(2) MONTHLY ENERGY REFUND.—The month20
ly energy refund amount for an eligible household
21 under this section shall be—
22 ‘‘(A) if the gross income of the household
23 does not exceed 150 percent of the poverty line
24 applicable to the household—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01014 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1015
H.L.C.
1 ‘‘(i) if the household has 1, 2, 3, or 4
2 members, 1⁄12 of the amount estimated
3 under paragraph (1) for a household of the
4 same size, rounded to the nearest whole
5 dollar amount; or
6 ‘‘(ii) if the household has 5 or more
7 members, 1⁄12 of the arithmetic mean value
8 of the amounts estimated under paragraph
9 (1) for households with 5 or more mem10
bers, rounded to the nearest whole dollar
11 amount; or
12 ‘‘(B) if the gross income of the household
13 exceeds 150 percent of the poverty line applica14
ble to the household, 1⁄12 of the amount (if any)
15 by which—
16 ‘‘(i) the amount estimated under
17 paragraph (1) for a household of the same
18 size; exceeds
19 ‘‘(ii) 20 percent of the amount by
20 which the gross income of the household
21 exceeds 150 percent of the poverty line.
22 ‘‘(e) DELIVERY MECHANISM.—
23 ‘‘(1) Subject to standards and an implementa24
tion schedule set by the Secretary, the energy refund
25 shall be provided in monthly installments via—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01015 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1016
H.L.C.
1 ‘‘(A) direct deposit into the eligible house2
hold’s designated bank account;
3 ‘‘(B) the State’s electronic benefit transfer
4 system; or
5 ‘‘(C) another Federal or State mechanism,
6 if such a mechanism is approved by the Sec7
retary.
8 ‘‘(2) Such standards shall include—
9 ‘‘(A)(i) defining the required level of recipi10
ent protection regarding privacy;
11 ‘‘(ii) guidance on how recipients are of12
fered choices, when relevant, about the delivery
13 mechanism;
14 ‘‘(iii) guidance on ease of use and access to
15 the refund, including the prohibition of fees
16 charged to recipients for withdrawals or other
17 services; and
18 ‘‘(iv) cost-effective protections against im19
proper accessing of the energy refund;
20 ‘‘(B) operating standards that provide for
21 interoperability between States and law enforce22
ment monitoring; and
23 ‘‘(C) other standards, as determined by the
24 Secretary or the Secretary’s designee.
25 ‘‘(f) ADMINISTRATION.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01016 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1017
H.L.C.
1 ‘‘(1) IN GENERAL.—The State agency of each
2 participating State shall assume responsibility for
3 the certification of applicant households and for the
4 issuance of refunds and the control and account5
ability thereof.
6 ‘‘(2) PROCEDURES.—Under standards estab7
lished by the Secretary, the State agency shall estab8
lish procedures governing the administration of the
9 Energy Refund Program that the State agency de10
termines best serve households in the State, includ11
ing households with special needs, such as house12
holds with elderly or disabled members, households
13 in rural areas, homeless individuals, and households
14 residing on reservations as defined in the Indian
15 Child Welfare Act of 1978 and the Indian Financing
16 Act of 1974. In carrying out this paragraph, a State
17 agency—
18 ‘‘(A) shall provide timely, accurate, and
19 fair service to applicants for, and participants
20 in, the Energy Refund Program;
21 ‘‘(B) shall permit an applicant household
22 to apply to participate in the program at the
23 time that the household first contacts the State
24 agency, and shall consider an application that
25 contains the name, address, and signature of
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01017 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1018
H.L.C.
1 the applicant to be sufficient to constitute an
2 application for participation;
3 ‘‘(C) shall screen any applicant household
4 for the Supplemental Nutrition Assistance Pro5
gram, the State’s medical assistance program
6 under section XIX of this Act, State Childrens
7 Health Insurance Program under section XXI
8 of this Act, and a State program that provides
9 basic assistance under a State program funded
10 under title IV of this Act or with qualified
11 State expenditures as defined in section
12 409(a)(7) of this Act for eligibility for the En13
ergy Refund Program and, if eligible, shall en14
roll such applicant household in the Energy Re15
fund Program;
16 ‘‘(D) shall complete certification of and
17 provide a refund to any eligible household not
18 later than 30 days following its filing of an ap19
plication;
20 ‘‘(E) shall use appropriate bilingual per21
sonnel and materials in the administration of
22 the program in those portions of the State in
23 which a substantial number of members of low24
income households speak a language other than
25 English; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01018 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1019
H.L.C.
1 ‘‘(F) shall utilize State agency personnel
2 who are employed in accordance with the cur3
rent standards for a Merit System of Personnel
4 Administration or any standards later pre5
scribed by the Office of Personnel Management
6 pursuant to section 208 of the Intergovern7
mental Personnel Act of 1970 (42 U.S.C. 4728)
8 modifying or superseding such standards relat9
ing to the establishment and maintenance of
10 personnel standards on a merit basis to make
11 all tentative and final determinations of eligi12
bility and ineligibility.
13 ‘‘(3) REGULATIONS.—
14 ‘‘(A) Except as provided in subparagraph
15 (B), the Secretary shall issue such regulations
16 consistent with this section as the Secretary
17 deems necessary or appropriate for the effective
18 and efficient administration of the Energy Re19
fund Program, and shall promulgate all such
20 regulations in accordance with the procedures
21 set forth in section 553 of title 5, United States
22 Code.
23 ‘‘(B) Without regard to section 553 of title
24 5 of such Code, the Secretary may, during the
25 period beginning with the effective date of this
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01019 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1020
H.L.C.
1 section and ending 2 years after such date, by
2 rule promulgate as final any procedures that
3 are substantially the same as the procedures
4 governing the Supplemental Nutrition Assist5
ance Program in section 273.2, 273.12, or
6 273.15 of title 7, Code of Federal Regulations.
7 ‘‘(C) Notwithstanding subsection (i)(4),
8 the Secretary may promulgate regulations al9
lowing for streamlined eligibility determinations
10 for some or all households which include indi11
viduals receiving assistance under a State plan
12 approved under title XIX or XXI of this Act.
13 The regulations may institute procedures
14 whereby the income and family size information
15 used for determining eligibility under such title
16 XIX or XXI may be the basis for determining
17 eligibility for the Energy Refund Program.
18 ‘‘(D) Notwithstanding any other provision
19 of this section, the Secretary may authorize
20 States to provide benefits under this section on
21 a quarterly basis if the Secretary determines
22 that the amount of the benefits that would be
23 provided on a monthly basis to households is in24
sufficient to be efficiently paid on a monthly
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01020 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1021
H.L.C.
1 basis in light of the administrative expenses of
2 the Energy Refund Program.
3 ‘‘(g) TREATMENT.—The value of the refund provided
4 under this section shall not be considered income or re5
sources for any purpose under any Federal, State, or local
6 laws, including, but not limited to, laws relating to an in7
come tax, or public assistance programs (including, but
8 not limited to, health care, cash aid, child care, nutrition
9 programs, and housing assistance) and no participating
10 State or political subdivision thereof shall decrease any as11
sistance otherwise provided an individual or individuals be12
cause of the receipt of a refund under this section.
13 ‘‘(h) PROGRAM INTEGRITY.—For purposes of ensur14
ing program integrity and complying with the require15
ments of the Improper Payment Information Act of 2002,
16 the Secretary shall, to the maximum extent possible, rely
17 on and coordinate with the quality control sample and re18
view procedures of paragraphs (2), (3), (4), and (5) of
19 section 16(c) of the Food and Nutrition Act of 2008 (7
20 U.S.C. 2025(c)).
21 ‘‘(i) DEFINITIONS.—
22 ‘‘(1) SECRETARY.—The term ‘Secretary’ means
23 the Secretary of Health and Human Services or the
24 head of another agency designated by the Secretary
25 of Health and Human Services.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01021 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1022
H.L.C.
1 ‘‘(2) ELECTRONIC BENEFIT TRANSFER SYS2
TEM.—The term ‘electronic benefit transfer system’
3 means a system by which household benefits or re4
funds defined under subsection (e) are issued from
5 and stored in a central databank via electronic ben6
efit transfer cards.
7 ‘‘(3) GROSS INCOME.—The term ‘gross income’
8 means the gross income of a household that is deter9
mined in accordance with standards and procedures
10 established under section 5 of the Food and Nutri11
tion Act of 2008 (7 U.S.C. 2014) and its imple12
menting regulations.
13 ‘‘(4) HOUSEHOLD.—
14 ‘‘(A) The term ‘household’ means—
15 ‘‘(i) in subparagraphs (A) and (B) of
16 subsection (c)(1) of this section, except as
17 provided in subparagraph (C) of this para18
graph, an individual or a group of individ19
uals who are a household under section
20 3(n) of the Food and Nutrition Act of
21 2008 (7 U.S.C. 2012(n));
22 ‘‘(ii) in subsection (c)(1)(C) of this
23 section, a single individual or married cou24
ple that receives benefits under section
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01022 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1023
H.L.C.
1 1860D–14 of this Act (42 U.S.C. 1395w–
2 114); and
3 ‘‘(iii) in subsection (c)(1)(D) of this
4 section, a single individual or married cou5
ple that receives benefits under the supple6
mental security income program under title
7 XVI of this Act (42 U.S.C. 1381–1383f).
8 ‘‘(B) The Secretary shall establish rules
9 for providing the energy refund in an equitable
10 and administratively simple manner to house11
holds where the group of individuals who live
12 together includes members not all of whom are
13 described in a single clause of subparagraph
14 (A), or includes additional members not de15
scribed in any such clause.
16 ‘‘(C) The Secretary shall establish rules re17
garding the eligibility and delivery of the energy
18 refund to groups of individuals described in sec19
tion 3(n)(4) or (5) of the Food and Nutrition
20 Act of 2008 (7 U.S.C. 2012(n)).
21 ‘‘(5) POVERTY LINE.—The term ‘poverty line’
22 has the meaning given the term in section 673(2) of
23 the Community Services Block Grant Act (42 U.S.C.
24 9902(2)), including any revision required by that
25 section.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01023 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1024
H.L.C.
1 ‘‘(6) STATE.—The term ‘State’ means the 50
2 States, the District of Columbia, the Commonwealth
3 of Puerto Rico, American Samoa, the United States
4 Virgin Islands, Guam, and the Commonwealth of the
5 Northern Mariana Islands.
6 ‘‘(7) STATE AGENCY.—The term ‘State agency’
7 means an agency of State government, including the
8 local offices thereof, that has responsibility for ad9
ministration of the 1 or more federally aided public
10 assistance programs within the State, and in those
11 States where such assistance programs are operated
12 on a decentralized basis, the term shall include the
13 counterpart local agencies administering such pro14
grams.
15 ‘‘(8) OTHER TERMS.—Other terms not defined
16 in this title shall have the same meaning applied in
17 the Supplemental Nutrition Assistance Program au18
thorized by the Food and Nutrition Act of 2008 (7
19 U.S.C. 2011 et seq.) unless the Secretary finds for
20 good cause that application of a particular definition
21 would be detrimental to the purposes of the Energy
22 Refund Program.’’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01024 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1025
H.L.C.
1 SEC. 432. MODIFICATION OF EARNED INCOME CREDIT
2 AMOUNT FOR INDIVIDUALS WITH NO QUALI3
FYING CHILDREN.
4 (a) INCREASE IN CREDIT PERCENTAGE AND PHASE5
OUT PERCENTAGE FOR INDIVIDUALS WITH NO CHIL6
DREN.—The table contained in subparagraph (A) of sec7
tion 32(b)(1) of the Internal Revenue Code of 1986 is
8 amended by striking ‘‘7.65’’ each place it appears and in9
serting ‘‘15.3’’.
10 (b) INCREASE IN BEGINNING PHASEOUT AMOUNT.—
11 (1) IN GENERAL.—The table contained in sub12
paragraph (A) of section 32(b)(2) of such Code is
13 amended by striking ‘‘$5,280’’ and inserting
14 ‘‘$13,590’’.
15 (2) INFLATION ADJUSTMENT.—
16 (A) IN GENERAL.—Subparagraph (B) of
17 section 32(j)(1) of such Code is amended by
18 striking ‘‘and’’ at the end of clause (i), by re19
designating clause (ii) as clause (iii), and by in20
serting after clause (i) the following new clause:
21 ‘‘(ii) in the case of the $13,590
22 amount in subsection (b)(2)(A), by sub23
stituting ‘calendar year 2011’ for ‘calendar
24 year 1992’ in subparagraph (B) thereof,
25 and’’.
26 (B) CONFORMING AMENDMENTS.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01025 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1026
H.L.C.
1 (i) Clause (i) of section 32(j)(1)(B) of
2 such Code is amended by inserting ‘‘except
3 as provided in clause (ii),’’ before ‘‘in the
4 case of’’.
5 (ii) Paragraph (1) of section 32(j) of
6 such Code is amended by inserting ‘‘(2012
7 in the case of the $13,590 amount in sub8
section (b)(2)(A))’’ after ‘‘1996’’.
9 (c) EFFECTIVE DATE.—The amendments made by
10 this section shall apply to taxable years beginning after
11 December 31, 2011.
12 SEC. 433. PROTECTION OF SOCIAL SECURITY AND MEDI13
CARE TRUST FUNDS.
14 (a) OASDI TRUST FUNDS.—Section 201 of the So15
cial Security Act (42 U.S.C. 401) is amended by adding
16 at the end the following new subsection:
17 ‘‘(o) The Secretary of the Treasury shall transfer
18 from time to time to the Federal Old-Age and Survivors
19 Insurance Trust Fund and the Federal Disability Insur20
ance Trust Fund, from amounts in the general fund of
21 the Treasury that are not otherwise appropriated, such
22 sums as the Chief Actuary of the Social Security Adminis23
tration calculates as necessary (and so certifies to such
24 Secretary) for any fiscal year, on account of changes in
25 benefit costs and changes in tax revenue attributable to
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01026 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1027
H.L.C.
1 the provisions of the American Clean Energy and Security
2 Act of 2009 and the amendments made thereby, in order
3 to place each of such Trust Funds in the same position
4 at the end of such fiscal year as the position in which such
5 Trust Fund would have been if such changes had not oc6
curred.’’.
7 (b) HI TRUST FUND.—Section 1817 of such Act (42
8 U.S.C. 1395i) is amended by adding at the end the fol9
lowing new subsection:
10 ‘‘(l) TRANSFERS TO ACCOUNT FOR CHANGES IN
11 BENEFIT COSTS AND CHANGES IN TAX REVENUE AT12
TRIBUTABLE TO THE AMERICAN CLEAN ENERGY AND SE13
CURITY ACT OF 2009.—The Secretary of the Treasury
14 shall transfer from time to time to the Trust Fund, from
15 amounts in the general fund of the Treasury that are not
16 otherwise appropriated, such sums as the Chief Actuary
17 of the Centers for Medicare & Medicaid Services calculates
18 as necessary (and so certifies to such Secretary) for any
19 fiscal year, on account of changes in benefit costs and
20 changes in tax revenue attributable to the provisions of
21 the American Clean Energy and Security Act of 2009 and
22 the amendments made thereby, in order to place the Trust
23 Fund in the same position at the end of such fiscal year
24 as the position in which it would have been if such changes
25 had not occurred.’’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01027 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1028
H.L.C.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle D: Exporting Clean Technology
===================================================

1 Subtitle D—Exporting Clean
2 Technology
3 SEC. 441. FINDINGS AND PURPOSES.
4 (a) FINDINGS.—Congress finds the following:
5 (1) Protecting Americans from the impacts of
6 climate change requires global reductions in green7
house gas emissions.
8 (2) Although developing countries are histori9
cally least responsible for the cumulative greenhouse
10 gas emissions that are causing climate change and
11 continue to have very low per capita greenhouse gas
12 emissions, their overall greenhouse gas emissions are
13 increasing as they seek to grow their economies and
14 reduce energy poverty for their populations.
15 (3) Many developing countries lack the financial
16 and technical resources to adopt clean energy tech17
nologies and absent assistance their greenhouse gas
18 emissions will continue to increase.
19 (4) Investments in clean energy technology co20
operation can substantially reduce global greenhouse
21 gas emissions while providing developing countries
22 with incentives to adopt policies that will address
23 competitiveness concerns related to regulation of
24 United States greenhouse gas emissions.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01028 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1029
H.L.C.
1 (5) Investments in clean technology in devel2
oping countries will increase demand for clean en3
ergy products, open up new markets for United
4 States companies, spur innovation, and lower costs.
5 (6) Under Article 4 of the United Nations
6 Framework Convention on Climate Change, devel7
oped country parties, including the United States,
8 committed to ‘‘take all practicable steps to promote,
9 facilitate, and finance, as appropriate, the transfer
10 of, or access to, environmentally sound technologies
11 and know-how to other parties, particularly devel12
oping country parties, to enable them to implement
13 the provisions of the Convention’’.
14 (7) Under the Bali Action Plan, developed
15 country parties to the United Nations Framework
16 Convention on Climate Change, including the United
17 States, committed to ‘‘enhanced action on the provi18
sion of financial resources and investment to support
19 action on mitigation and adaptation and technology
20 cooperation,’’ including, inter alia, consideration of
21 ‘‘improved access to adequate, predictable, and sus22
tainable financial resources and financial and tech23
nical support, and the provision of new and addi24
tional resources, including official and concessional
25 funding for developing country parties’’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01029 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1030
H.L.C.
1 (8) Intellectual property rights are a key driver
2 of investment and research and development in, and
3 the global deployment of, clean technologies.
4 (9) Innovative clean technologies, including
5 U.S. and multilateral financing mechanisms for their
6 deployment, are critical to mitigating global warming
7 pollution, preventing catastrophic changes to the cli8
mate, and developing robust economies around the
9 world.
10 (10) Any weakening of intellectual property
11 rights protection poses a substantial competitive risk
12 to U.S. companies and the creation of high-quality
13 U.S. jobs, inhibiting the creation of new ‘‘green’’
14 employment and the transformational shift to the
15 ‘‘Green Economy’’ of the 21st Century.
16 (11) Any U.S. funding directed toward assist17
ing developing countries with regard to exporting
18 clean technology should promote the robust compli19
ance with and enforcement of existing international
20 legal requirements for the protection of intellectual
21 property rights as formulated in the Agreement on
22 Trade-Related Aspects of Intellectual Property
23 Rights, referred to in section 101(d)(15) of the Uru24
guay Round Agreements Act (19 U.S.C.3511(d)(15)
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01030 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1031
H.L.C.
1 and in applicable intellectual property provisions of
2 bilateral trade agreements.
3 (b) PURPOSES.—The purposes of this subtitle are—
4 (1) to provide United States assistance and le5
verage private resources to encourage widespread
6 implementation, in developing countries, of activities
7 that reduce, sequester, or avoid greenhouse gas
8 emissions; and
9 (2) to provide such assistance in a manner
10 that—
11 (A) encourages such countries to adopt
12 policies and measures, including sector-based
13 and cross-sector policies and measures, that
14 substantially reduce, sequester, or avoid green15
house gas emissions;
16 (B) promotes the successful negotiation of
17 a global agreement to reduce greenhouse gas
18 emissions under the United Nations Framework
19 Convention on Climate Change; and
20 (C) promotes robust compliance with and
21 enforcement of existing international legal re22
quirements for the protection of intellectual
23 property rights, as formulated in the Agreement
24 on Trade-Related Aspects of Intellectual Prop25
erty Rights referred to in section 101(d)(15) of
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01031 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1032
H.L.C.
1 the Uruguay Round Agreements Act (19 U.S.C.
2 3511(d)(15)) and in applicable intellectual
3 property provisions of bilateral trade agree4
ments.
5 SEC. 442. DEFINITIONS.
6 In this subtitle:
7 (1) ALLOWANCE.—The term ‘‘allowance’’
8 means an emission allowance established under sec9
tion 721 of the Clean Air Act.
10 (2) APPROPRIATE CONGRESSIONAL COMMIT11
TEES.—The term ‘‘appropriate congressional com12
mittees’’ means—
13 (A) the Committees on Energy and Com14
merce, Foreign Affairs, and Financial Services
15 of the House of Representatives; and
16 (B) the Committees on Environment and
17 Public Works, Energy and Natural Resources,
18 and Foreign Relations of the Senate.
19 (3) CONVENTION.—The term ‘‘Convention’’
20 means the United Nations Framework Convention
21 on Climate Change, done at New York on May 9,
22 1992, and entered into force on March 21, 1994.
23 (4) DEVELOPING COUNTRY.—The term ‘‘devel24
oping country’’ means a country eligible to receive
25 official development assistance according to the in-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01032 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1033
H.L.C.
1 come guidelines of the Development Assistance Com2
mittee of the Organization for Economic Coopera3
tion and Development.
4 (5) ELIGIBLE COUNTRY.—The term ‘‘eligible
5 country’’ means a developing country that is deter6
mined by the interagency group under section 444
7 to be eligible to receive assistance from the Inter8
national Clean Technology Account.
9 (6) INTERAGENCY GROUP.—The term ‘‘inter10
agency group’’ means the group established by the
11 President under section 443 to administer distribu12
tions from the International Clean Technology Ac13
count.
14 (7) INTERNATIONAL CLEAN TECHNOLOGY AC15
COUNT.—The term ‘‘International Clean Technology
16 Account’’ means the account to which the Adminis17
trator allocates allowances under section 782(o) of
18 the Clean Air Act.
19 (8) LEAST DEVELOPED COUNTRY.—The term
20 ‘‘least developed country’’ means a foreign country
21 the United Nations has identified as among the least
22 developed of developing countries.
23 (9) QUALIFYING ACTIVITY.—The term ‘‘quali24
fying activity’’ means an activity that meets the cri25
teria in section 445.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01033 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1034
H.L.C.
1 (10) QUALIFYING ENTITY.—The term ‘‘quali2
fying entity’’ means a national, regional, or local
3 government in, or a nongovernmental organization
4 or private entity located or operating in, an eligible
5 country.
6 SEC. 443. GOVERNANCE.
7 (a) OVERSIGHT.—The Secretary of State, or such
8 other Federal agency head as the President may des9
ignate, in consultation with the interagency group estab10
lished under subsection (b), shall oversee distributions of
11 allowances from the International Clean Technology Ac12
count.
13 (b) INTERAGENCY GROUP.—The President shall es14
tablish an interagency group to administer the Inter15
national Clean Technology Account. The Members of the
16 interagency group shall include—
17 (1) the Secretary of State;
18 (2) the Administrator of the Environmental
19 Protection Agency;
20 (3) the Secretary of Energy;
21 (4) the Secretary of the Treasury;
22 (5) the Secretary of Commerce;
23 (6) the Administrator of the United States
24 Agency for International Development; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01034 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1035
H.L.C.
1 (7) any other head of a Federal agency or exec2
utive branch appointee that the President may des3
ignate.
4 (c) CHAIRPERSON.—The Secretary of State shall
5 serve as the chairperson of the interagency group.
6 (d) SUPPLEMENT NOT SUPPLANT.—Allowances dis7
tributed from the International Clean Technology Account
8 shall be used to supplement, and not to supplant, any
9 other Federal, State, or local resources available to carry
10 out activities that are qualifying activities under this sub11
title.
12 SEC. 444. DETERMINATION OF ELIGIBLE COUNTRIES.
13 (a) IN GENERAL.—The interagency group shall de14
termine a country to be an eligible country for the pur15
poses of this subtitle if a country meets the following cri16
teria:
17 (1) The country is a developing country that—
18 (A) has entered into an international
19 agreement to which the United States is a
20 party, under which such country agrees to take
21 actions to produce measurable, reportable, and
22 verifiable greenhouse gas emissions mitigation;
23 or
24 (B) is determined by the interagency group
25 to have in force national policies and measures
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01035 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1036
H.L.C.
1 that are capable of producing measurable, re2
portable, and verifiable greenhouse gas emis3
sions mitigation.
4 (2) The country has developed a nationally ap5
propriate mitigation strategy that seeks to achieve
6 substantial reductions, sequestration, or avoidance of
7 greenhouse gas emissions, relative to business-as8
usual levels.
9 (3) Subject to subsection (b)(1), such other cri10
teria as the President determines will serve the pur11
poses of this subtitle or other United States national
12 security, foreign policy, environmental, or economic
13 objectives including robust compliance with and en14
forcement of existing international legal require15
ments for the protection of intellectual property
16 rights for clean technology, as formulated in the
17 Agreement on Trade-Related Aspects of Intellectual
18 Property Rights, referred to in section 101(d)(15) of
19 the Uruguay Round Agreements Act (19 U.S.C.
20 3511(d)(15)) and in applicable intellectual property
21 provisions of bilateral trade agreements.
22 (b) EXCEPTIONS.—
23 (1) Subsection (a)(3) applies only to bilateral
24 assistance under section 446(c)(4).
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01036 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1037
H.L.C.
1 (2) The eligibility criteria in this section do not
2 apply in the case of least developed countries receiv3
ing assistance under section 445(7) for the purpose
4 of building capacity to meet such eligibility criteria.
5 SEC. 445. QUALIFYING ACTIVITIES.
6 Assistance under this subtitle may be provided only
7 to qualifying entities for clean technology activities (in8
cluding building relevant technical and institutional capac9
ity) that contribute to substantial, measurable, reportable,
10 and verifiable reductions, sequestration, or avoidance of
11 greenhouse gas emissions including—
12 (1) deployment of technologies to capture and
13 sequester carbon dioxide emissions from electric gen14
erating units or large industrial sources (except that
15 assistance under this subtitle for such deployment
16 shall be limited to the cost of retrofitting existing fa17
cilities with such technologies or the incremental
18 cost of purchasing and installing such technologies
19 at new facilities);
20 (2) deployment of renewable electricity genera21
tion from wind, solar, sustainably produced biomass,
22 geothermal, marine, or hydrokinetic sources;
23 (3) substantial increases in the efficiency of
24 electricity transmission, distribution, and consump25
tion;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01037 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1038
H.L.C.
1 (4) deployment of low- or zero emissions tech2
nologies that are facing financial or other barriers to
3 their widespread deployment which could be ad4
dressed through support under this subtitle in order
5 to reduce, sequester, or avoid emission;
6 (5) reduction in transportation sector emissions
7 through increased transportation system and vehicle
8 efficiency or use of transportation fuels that have
9 lifecycle greenhouse gas emissions that are substan10
tially lower than those attributable to fossil fuel11
based alternatives;
12 (6) reduction in black carbon emissions; or
13 (7) capacity building activities, including—
14 (A) developing and implementing meth15
odologies and programs for measuring and
16 quantifying greenhouse gas emissions and
17 verifying emissions mitigation;
18 (B) assessing, developing, and imple19
menting technology and policy options for
20 greenhouse gas emissions mitigation and avoid21
ance of future emissions, including sector and
22 cross-sector mitigation strategies; and
23 (C) providing other forms of technical as24
sistance to facilitate the qualification for, and
25 receipt of, assistance under this Act.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01038 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1039
H.L.C.
1 SEC. 446. ASSISTANCE.
2 (a) IN GENERAL.—The Secretary of State, or such
3 other Federal agency head as the President may des4
ignate, is authorized to provide assistance, through the
5 distribution of allowances, from the International Clean
6 Technology Account for qualifying activities that take
7 place in eligible countries.
8 (b) ANNUAL REPORTS.—Not later than March 1,
9 2012, and annually thereafter, the President shall submit
10 to the appropriate congressional committees a report on
11 the assistance provided under this subtitle during the prior
12 fiscal year. Such report shall include—
13 (1) a description of the amount and value of al14
lowances distributed during the prior fiscal year;
15 (2) a description of each activity that received
16 assistance during the prior fiscal year, and a de17
scription of the anticipated and actual outcomes;
18 (3) an assessment of any adverse effects to
19 human health, safety, or welfare, the environment,
20 or natural resources as a result of activities sup21
ported under this subtitle;
22 (4) an assessment of the success of the assist23
ance provided under this subtitle to improving the
24 technical and institutional capacity to implement
25 substantial emissions reductions;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01039 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1040
H.L.C.
1 (5) an estimate of the greenhouse gas emissions
2 reductions, sequestration, or avoidance achieved by
3 assistance provided under this subtitle during the
4 prior fiscal year; and
5 (6) an assessment whether any funds expended
6 for the benefit of any qualifying activity undermined
7 the protection of intellectual property rights for
8 clean technology, as formulated in the Agreement on
9 Trade-Related Aspects of Intellectual Property
10 Rights, referred to in section 101(d)(15) of the Uru11
guay Round Agreements Act (19 U.S.C.
12 3511(d)(15)) and applicable intellectual property
13 provisions of bilateral trade agreements.
14 (c) DISTRIBUTION OF ALLOWANCES.—
15 (1) IN GENERAL.—The Secretary of State, or
16 such other Federal agency head as the President
17 may designate, after consultation with the inter18
agency group, shall distribute allowances from the
19 International Clean Technology Account—
20 (A) in the form of bilateral assistance in
21 accordance with paragraph (4);
22 (B) to multilateral funds or institutions
23 pursuant to the Convention or an agreement
24 negotiated under the Convention; or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01040 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1041
H.L.C.
1 (C) through some combination of the
2 mechanisms identified in subparagraphs (A)
3 and (B).
4 (2) GLOBAL ENVIRONMENT FACILITY.—For any
5 allowances provided to the Global Environment Fa6
cility pursuant to paragraph (1)(B), the President
7 shall designate the Secretary of the Treasury to dis8
tribute those allowances to the Global Environment
9 Facility.
10 (3) DISTRIBUTION THROUGH INTERNATIONAL
11 FUND OR INSTITUTION.—If allowances are distrib12
uted to a multilateral fund or institution, as author13
ized in paragraph (1), the Secretary of State, or
14 such other Federal agency head as the President
15 may designate, shall seek to ensure the establish16
ment and implementation of adequate mechanisms
17 to—
18 (A) apply and enforce the criteria for de19
termination of eligible countries and qualifying
20 activities under sections 444 and 445, respec21
tively;
22 (B) require public reporting describing the
23 process and methodology for selecting the ulti24
mate recipients of assistance and a description
25 of each activity that received assistance, includ-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01041 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1042
H.L.C.
1 ing the amount of obligations and expenditures
2 for assistance; and
3 (C) require that no funds be expended for
4 the benefit of any qualifying activity where that
5 activity or any activity relating to a qualifying
6 activity under section 445 undermines the ro7
bust compliance with and enforcement of exist8
ing legal requirements for the protection of in9
tellectual property rights for clean technology,
10 as formulated in the Agreement on Trade-Re11
lated Aspects of Intellectual Property Rights,
12 referred to in section 101(d)(15) of the Uru13
guay Round Agreements Act (19 U.S.C.
14 3511(d)(15)).
15 (4) BILATERAL ASSISTANCE.—
16 (A) IN GENERAL.—Bilateral assistance
17 under paragraph (1) shall be carried out by the
18 Administrator of the United States Agency for
19 International Development, in consultation with
20 the interagency group.
21 (B) LIMITATIONS.—Not more than 15 per22
cent of allowances made available to carry out
23 bilateral assistance under this subtitle in any
24 year shall be distributed to support activities in
25 any single country.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01042 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1043
H.L.C.
1 (C) SELECTION CRITERIA.—Not later than
2 2 years after the date of enactment of this sub3
title, the Administrator of the United States
4 Agency for International Development, after
5 consultation with the interagency group, shall
6 develop and publish a set of criteria to be used
7 in evaluating activities within eligible countries
8 for bilateral assistance under this subtitle.
9 (D) CRITERIA REQUIREMENTS.—The cri10
teria under subparagraph (C) shall require
11 that—
12 (i) the activity is a qualifying activity;
13 (ii) the activity will be conducted as
14 part of an eligible country’s nationally ap15
propriate mitigation strategy or as part of
16 an eligible country’s actions towards pro17
viding a nationally appropriate mitigation
18 strategy to reduce, sequester, or avoid
19 emissions being implemented by the eligi20
ble country;
21 (iii) the activity will not have adverse
22 effects on human health, safety, or welfare,
23 the environment, or natural resources;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01043 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1044
H.L.C.
1 (iv) any technologies deployed through
2 bilateral assistance under this subtitle will
3 be properly implemented and maintained;
4 (v) the activity will not cause any net
5 loss of United States jobs or displacement
6 of United States production;
7 (vi) costs of the activity will be shared
8 by the host country government, private
9 sector parties, or a multinational develop10
ment bank, except that this clause does not
11 apply to least developed countries;
12 (vii) the activity would not undermine
13 the protection of intellectual property
14 rights for clean technology, as formulated
15 in the Agreement on Trade-Related As16
pects of Intellectual Property Rights, re17
ferred to in section 101(d)(15) of the Uru18
guay Round Agreements Act (19 U.S.C.
19 3511(d)(15)) and applicable intellectual
20 property provisions of bilateral trade
21 agreements; and
22 (viii) the activity meets such other re23
quirements as the interagency group deter24
mines appropriate to further the purposes
25 of this subtitle.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01044 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1045
H.L.C.
1 (E) CRITERIA PREFERENCES.—The cri2
teria under subparagraph (C) shall give pref3
erence to activities that—
4 (i) promise to achieve large-scale
5 greenhouse gas reductions, sequestration,
6 or avoidance at a national, sectoral or
7 cross-sectoral level;
8 (ii) have the potential to catalyze a
9 shift within the host country towards wide10
spread deployment of low- or zero-carbon
11 energy technologies;
12 (iii) build technical and institutional
13 capacity and other activities that are un14
likely to be attractive to private sector
15 funding; or
16 (iv) maximize opportunities to lever17
age other sources of assistance and cata18
lyze private-sector investment.
19 (d) MONITORING, EVALUATION, AND ENFORCE20
MENT.—The Secretary of State, or such other Federal
21 agency head as the President may designate, in consulta22
tion with the interagency group, shall establish and imple23
ment a system to monitor and evaluate the performance
24 of activities receiving assistance under this subtitle. The
25 Secretary of State, or such other Federal agency head as
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01045 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1046
H.L.C.
1 the President may designate, shall have the authority to
2 suspend or terminate assistance in whole or in part for
3 an activity if it is determined that the activity is not oper4
ating in compliance with the approved proposal.
5 (e) COORDINATION WITH U.S. FOREIGN ASSIST6
ANCE.—Subject to the direction of the President, the Sec7
retary of State shall, to the extent practicable, seek to
8 align activities under this section with broader develop9
ment, poverty alleviation, or natural resource management
10 objectives and initiatives in the recipient country.
11 (f) DEFINITION.—For the purposes of this section
12 the term ‘‘clean technology’’ means any technology or
13 service related to the qualifying activities identified in sec14
tion 445.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle E: Adapting to Climate Change (Part 1 of 7)
===================================================

15 Subtitle E—Adapting to Climate
16 Change
17 PART 1—DOMESTIC ADAPTATION
18 Subpart A—National Climate Change Adaptation
19 Program
20 SEC. 451. GLOBAL CHANGE RESEARCH AND DATA MANAGE21
MENT.
22 (a) SHORT TITLE.—This section may be cited as the
23 ‘‘Global Change Research and Data Management Act of
24 2009’’.
25 (b) GLOBAL CHANGE RESEARCH.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01046 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1047
H.L.C.
1 (1) PURPOSE.—The purpose of this subsection
2 is to provide for the continuation and coordination
3 of a comprehensive and integrated United States ob4
servation, research, and outreach program which will
5 assist the Nation and the world to understand, as6
sess, predict, and respond to the effects of human7
induced and natural processes of global change.
8 (2) DEFINITIONS.—For purposes of this sub9
section—
10 (A) the term ‘‘global change’’ means
11 human-induced or natural changes in the global
12 environment (including alterations in climate,
13 land productivity, oceans or other water re14
sources, atmospheric chemistry, biodiversity,
15 and ecological systems) that may alter the ca16
pacity of the Earth to sustain life;
17 (B) the term ‘‘global change research’’
18 means study, monitoring, assessment, pre19
diction, and information management activities
20 to describe and understand—
21 (i) the interactive physical, chemical,
22 and biological processes that regulate the
23 total Earth system;
24 (ii) the unique environment that the
25 Earth provides for life;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01047 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1048
H.L.C.
1 (iii) changes that are occurring in the
2 Earth system; and
3 (iv) the manner in which such system,
4 environment, and changes are influenced
5 by human actions;
6 (C) the term ‘‘interagency committee’’
7 means the interagency committee established
8 under paragraph (3);
9 (D) the term ‘‘Plan’’ means the National
10 Global Change Research and Assessment Plan
11 developed under paragraph (5);
12 (E) the term ‘‘Program’’ means the United
13 States Global Change Research Program estab14
lished under paragraph (4); and
15 (F) the term ‘‘regional climate change’’
16 means the natural or human-induced changes
17 manifested in the local or regional environment
18 (including alterations in weather patterns, land
19 productivity, water resources, sea level rise, at20
mospheric chemistry, biodiversity, and ecologi21
cal systems) that may alter the capacity of a
22 specific region to support current or future so23
cial and economic activity or natural eco24
systems.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01048 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1049
H.L.C.
1 (3) INTERAGENCY COOPERATION AND COORDI2
NATION.—
3 (A) ESTABLISHMENT.—The President
4 shall establish or designate an interagency com5
mittee to ensure cooperation and coordination
6 of all Federal research activities pertaining to
7 processes of global change for the purpose of
8 increasing the overall effectiveness and produc9
tivity of Federal global change research efforts.
10 The interagency committee shall include re11
search and program representatives of agencies
12 conducting global change research, agencies
13 with authority over resources likely to be af14
fected by global change, and agencies with au15
thority to mitigate human-induced global
16 change.
17 (B) FUNCTIONS OF THE INTERAGENCY
18 COMMITTEE.—The interagency committee
19 shall—
20 (i) serve as the forum for developing
21 the Plan and for overseeing its implemen22
tation;
23 (ii) serve as the forum for developing
24 the vulnerability assessment under para25
graph (7);
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01049 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1050
H.L.C.
1 (iii) ensure cooperation among Fed2
eral agencies with respect to global change
3 research activities;
4 (iv) work with academic, State, indus5
try, and other groups conducting global
6 change research, to provide for periodic
7 public and peer review of the Program;
8 (v) cooperate with the Secretary of
9 State in—
10 (I) providing representation at
11 international meetings and con12
ferences on global change research in
13 which the United States participates;
14 and
15 (II) coordinating the Federal ac16
tivities of the United States with pro17
grams of other nations and with inter18
national global change research activi19
ties;
20 (vi) work with appropriate Federal,
21 State, regional, and local authorities to en22
sure that the Program is designed to
23 produce information needed to develop
24 policies to mitigate human-induced global
25 change and to reduce the vulnerability of
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01050 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1051
H.L.C.
1 the United States and other regions to
2 global change;
3 (vii) facilitate ongoing dialog and in4
formation exchange with regional, State,
5 and local governments and other user com6
munities; and
7 (viii) identify additional decision8
making groups that may use information
9 generated through the Program.
10 (4) UNITED STATES GLOBAL CHANGE RE11
SEARCH PROGRAM.—
12 (A) ESTABLISHMENT.—The President
13 shall establish an interagency United States
14 Global Change Research Program to improve
15 understanding of global change, to respond to
16 the information needs of communities and deci17
sionmakers, and to provide periodic assessments
18 of the vulnerability of the United States and
19 other regions to global and regional climate
20 change. The Program shall be implemented in
21 accordance with the Plan.
22 (B) LEAD AGENCY.—The lead agency for
23 the United States Global Change Research Pro24
gram shall be the Office of Science and Tech25
nology Policy.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01051 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1052
H.L.C.
1 (C) INTERAGENCY PROGRAM ACTIVITIES.—
2 The Director of the Office of Science and Tech3
nology Policy, in consultation with the inter4
agency committee, shall identify activities in5
cluded in the Plan that involve participation by
6 2 or more agencies in the Program, and that do
7 not fall within the current fiscal year budget al8
locations of those participating agencies, to ful9
fill the requirements of this section. The Direc10
tor of the Office of Science and Technology Pol11
icy shall allocate funds to the agencies to con12
duct the identified interagency activities. Such
13 activities may include—
14 (i) development of scenarios for cli15
mate, land-cover change, population
16 growth, and socioeconomic development;
17 (ii) calibration and testing of alter18
native regional and global climate models;
19 (iii) identification of economic sectors
20 and regional climatic zones; and
21 (iv) convening regional workshops to
22 facilitate information exchange and in23
volvement of regional, State, and local de24
cisionmakers, non-Federal experts, and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01052 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1053
H.L.C.
1 other stakeholder groups in the activities
2 of the Program.
3 (D) WORKSHOPS.—The Director shall en4
sure that at least one workshop is held per year
5 in each region identified by the Plan under
6 paragraph (5)(B)(xi) to facilitate information
7 exchange and outreach to regional, State, and
8 local stakeholders as required by this section.
9 (E) AUTHORIZATION OF APPROPRIA10
TIONS.—There are authorized to be appro11
priated to the Office of Science and Technology
12 Policy for carrying out this paragraph
13 $10,000,000 for each of the fiscal years 2009
14 through 2014.

And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

luckee1

  • Guest
Will you please stickie this or get a mod to do so?

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle E: Adapting to Climate Change (Part 2 of 7)
===================================================

15 (5) NATIONAL GLOBAL CHANGE RESEARCH AND
16 ASSESSMENT PLAN.—
17 (A) IN GENERAL.—The President shall de18
velop a National Global Change Research and
19 Assessment Plan for implementation of the Pro20
gram. The Plan shall contain recommendations
21 for global change research and assessment. The
22 President shall submit an outline for the devel23
opment of the Plan to the Congress within 1
24 year after the date of enactment of this Act,
25 and shall submit a completed Plan to the Con-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01053 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1054
H.L.C.
1 gress within 3 years after the date of enactment
2 of this Act. Revised Plans shall be submitted to
3 the Congress at least once every 5 years there4
after. In the development of each Plan, the
5 President shall conduct a formal assessment
6 process under this paragraph to determine the
7 needs of appropriate Federal, State, regional,
8 and local authorities and other interested par9
ties regarding the types of information needed
10 by them in developing policies to mitigate
11 human-induced global change and to reduce so12
ciety’s vulnerability to global change and shall
13 utilize these assessments, including the reviews
14 by the National Academy of Sciences and the
15 National Governors Association under subpara16
graphs (E) and (F), in developing the Plan.
17 (B) CONTENTS OF THE PLAN.—The Plan
18 shall—
19 (i) establish, for the 10-year period
20 beginning in the year the Plan is sub21
mitted, the goals and priorities for Federal
22 global change research which most effec23
tively advance scientific understanding of
24 global change and provide information of
25 use to Federal, State, regional, and local
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01054 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1055
H.L.C.
1 authorities in the development of policies
2 relating to global change;
3 (ii) describe specific activities, includ4
ing efforts to determine user information
5 needs, research activities, data collection,
6 database development, and data analysis
7 requirements, development of regional sce8
narios, assessment of model predictability,
9 assessment of climate change impacts, par10
ticipation in international research efforts,
11 and information management, required to
12 achieve such goals and priorities;
13 (iii) identify relevant programs and
14 activities of the Federal agencies that con15
tribute to the Program directly and indi16
rectly;
17 (iv) set forth the role of each Federal
18 agency in implementing the Plan;
19 (v) consider and utilize, as appro20
priate, reports and studies conducted by
21 Federal agencies, the National Research
22 Council, or other entities;
23 (vi) make recommendations for the
24 coordination of the global change research
25 and assessment activities of the United
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01055 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1056
H.L.C.
1 States with such activities of other nations
2 and international organizations, includ3
ing—
4 (I) a description of the extent
5 and nature of international coopera6
tive activities;
7 (II) bilateral and multilateral ef8
forts to provide worldwide access to
9 scientific data and information; and
10 (III) improving participation by
11 developing nations in international
12 global change research and environ13
mental data collection;
14 (vii) detail budget requirements for
15 Federal global change research and assess16
ment activities to be conducted under the
17 Plan;
18 (viii) catalog the type of information
19 identified by appropriate Federal, State,
20 regional, and local decisionmakers needed
21 to develop policies to reduce society’s vul22
nerability to global change and indicate
23 how the planned research will meet these
24 decisionmakers’ information needs;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01056 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1057
H.L.C.
1 (ix) identify the observing systems
2 currently employed in collecting data rel3
evant to global and regional climate change
4 research and prioritize additional observa5
tion systems that may be needed to ensure
6 adequate data collection and monitoring of
7 global change;
8 (x) describe specific activities designed
9 to facilitate outreach and data and infor10
mation exchange with regional, State, and
11 local governments and other user commu12
nities; and
13 (xi) identify and describe regions of
14 the United States that are likely to experi15
ence similar impacts of global change or
16 are likely to share similar vulnerabilities to
17 global change.
18 (C) RESEARCH ELEMENTS.—The Plan
19 shall include at a minimum the following re20
search elements:
21 (i) Global measurements, establishing
22 worldwide to regional scale observations
23 prioritized to understand global change
24 and to meet the information needs of deci-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01057 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1058
H.L.C.
1 sionmakers on all relevant spatial and time
2 scales.
3 (ii) Information on economic, demo4
graphic, and technological trends that con5
tribute to changes in the Earth system and
6 that influence society’s vulnerability to
7 global and regional climate change.
8 (iii) Development of indicators and
9 baseline databases to document global
10 change, including changes in species dis11
tribution and behavior, extent of glacia12
tions, and changes in sea level.
13 (iv) Studies of historical changes in
14 the Earth system, using evidence from the
15 geological and fossil record.
16 (v) Assessments of predictability using
17 quantitative models of the Earth system to
18 simulate global and regional environmental
19 processes and trends.
20 (vi) Focused research initiatives to
21 understand the nature of and interaction
22 among physical, chemical, biological, land
23 use, and social processes related to global
24 and regional climate change.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01058 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1059
H.L.C.
1 (vii) Focused research initiatives to
2 determine and then meet the information
3 needs of appropriate Federal, State, and
4 regional decisionmakers.
5 (D) INFORMATION MANAGEMENT.—The
6 Plan shall incorporate, to the extent practicable,
7 the recommendations relating to data acquisi8
tion, management, integration, and archiving
9 made by the interagency climate and other
10 global change data management working group
11 established under subsection (c)(3).
12 (E) NATIONAL ACADEMY OF SCIENCES
13 EVALUATION.—The President shall enter into
14 an agreement with the National Academy of
15 Sciences under which the Academy shall—
16 (i) evaluate the scientific content of
17 the Plan; and
18 (ii) recommend priorities for future
19 global and regional climate change re20
search and assessment.
21 (F) NATIONAL GOVERNORS ASSOCIATION
22 EVALUATION.—The President shall enter into
23 an agreement with the National Governors As24
sociation Center for Best Practices under which
25 that Center shall—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01059 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1060
H.L.C.
1 (i) evaluate the utility to State, local,
2 and regional decisionmakers of each Plan
3 and of the anticipated and actual informa4
tion outputs of the Program for develop5
ment of State, local, and regional policies
6 to reduce vulnerability to global change;
7 and
8 (ii) recommend priorities for future
9 global and regional climate change re10
search and assessment.
11 (G) PUBLIC PARTICIPATION.—In devel12
oping the Plan, the President shall consult with
13 representatives of academic, State, industry,
14 and environmental groups. Not later than 90
15 days before the President submits the Plan, or
16 any revision thereof, to the Congress, a sum17
mary of the proposed Plan shall be published in
18 the Federal Register for a public comment pe19
riod of not less than 60 days.
20 (6) BUDGET COORDINATION.—
21 (A) IN GENERAL.—The President shall
22 provide general guidance to each Federal agen23
cy participating in the Program with respect to
24 the preparation of requests for appropriations
25 for activities related to the Program.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01060 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1061
H.L.C.
1 (B) CONSIDERATION IN PRESIDENT’S
2 BUDGET.—The President shall submit, at the
3 time of his annual budget request to Congress,
4 a description of those items in each agency’s
5 annual budget which are elements of the Pro6
gram.
7 (7) VULNERABILITY ASSESSMENT.—
8 (A) REQUIREMENT.—Within 1 year after
9 the date of enactment of this Act, and at least
10 once every 5 years thereafter, the President
11 shall submit to the Congress an assessment
12 which—
13 (i) integrates, evaluates, and inter14
prets the findings of the Program and dis15
cusses the scientific uncertainties associ16
ated with such findings;
17 (ii) analyzes current trends in global
18 change, both human-induced and natural,
19 and projects major trends for the subse20
quent 25 to 100 years;
21 (iii) based on indicators and baselines
22 developed under paragraph (5)(C)(iii), as
23 well as other measurements, analyzes
24 changes to the natural environment, land
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01061 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1062
H.L.C.
1 and water resources, and biological diver2
sity in—
3 (I) major geographic regions of
4 the United States; and
5 (II) other continents;
6 (iv) analyzes the effects of global
7 change, including the changes described in
8 clause (iii), on food and fiber production,
9 energy production and use, transportation,
10 human health and welfare, water avail11
ability and coastal infrastructure, and
12 human social and economic systems, in13
cluding providing information about the
14 differential impacts on specific geographic
15 regions within the United States, on people
16 of different income levels within those re17
gions, and for rural and urban areas with18
in those regions; and
19 (v) summarizes the vulnerability of
20 different geographic regions of the world to
21 global change and analyzes the implica22
tions of global change for the United
23 States, including international assistance,
24 population displacement, food and resource
25 availability, and national security.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01062 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1063
H.L.C.
1 (B) USE OF RELATED REPORTS.—To the
2 extent appropriate, the assessment produced
3 pursuant to this paragraph may coordinate
4 with, consider, incorporate, or otherwise make
5 use of related reports, assessments, or informa6
tion produced by the United States Global
7 Change Research Program, regional, State, and
8 local entities, and international organizations,
9 including the World Meteorological Organiza10
tion and the Intergovernmental Panel on Cli11
mate Change.
12 (8) POLICY ASSESSMENT.—Not later than 1
13 year after the date of enactment of this Act, and at
14 least once every 4 years thereafter, the President
15 shall enter into a joint agreement with the National
16 Academy of Public Administration and the National
17 Academy of Sciences under which the Academies
18 shall—
19 (A) document current policy options being
20 implemented by Federal, State, and local gov21
ernments to mitigate or adapt to the effects of
22 global and regional climate change;
23 (B) evaluate the realized and anticipated
24 effectiveness of those current policy options in
25 meeting mitigation and adaptation goals;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01063 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1064
H.L.C.
1 (C) identify and evaluate a range of addi2
tional policy options and infrastructure for miti3
gating or adapting to the effects of global and
4 regional climate change;
5 (D) analyze the adoption rates of policies
6 and technologies available to reduce the vulner7
ability of society to global change with an eval8
uation of the market and policy obstacles to
9 their adoption in the United States; and
10 (E) evaluate the distribution of economic
11 costs and benefits of these policy options across
12 different United States economic sectors.
13 (9) ANNUAL REPORT.—Each year at the time
14 of submission to the Congress of the President’s
15 budget request, the President shall submit to the
16 Congress a report on the activities conducted pursu17
ant to this subsection, including—
18 (A) a description of the activities of the
19 Program during the past fiscal year;
20 (B) a description of the activities planned
21 in the next fiscal year toward achieving the
22 goals of the Plan; and
23 (C) a description of the groups or cat24
egories of State, local, and regional decision25
makers identified as potential users of the in-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01064 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1065
H.L.C.
1 formation generated through the Program and
2 a description of the activities used to facilitate
3 consultations with and outreach to these
4 groups, coordinated through the work of the
5 interagency committee.
6 (10) RELATION TO OTHER AUTHORITIES.—The
7 President shall—
8 (A) ensure that relevant research, assess9
ment, and outreach activities of the National
10 Climate Program, established by the National
11 Climate Program Act (15 U.S.C. 2901 et seq.),
12 are considered in developing national global and
13 regional climate change research and assess14
ment efforts; and
15 (B) facilitate ongoing dialog and informa16
tion exchange with regional, State, and local
17 governments and other user communities
18 through programs authorized in the National
19 Climate Program Act (15 U.S.C. 2901 et seq.).
20 (11) REPEAL.—The Global Change Research
21 Act of 1990 (15 U.S.C. 2921 et seq.) is amended by
22 striking titles I and III thereof.
23 (12) GLOBAL CHANGE RESEARCH INFORMA24
TION.—The President shall establish or designate a
25 Global Change Research Information Exchange to
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01065 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1066
H.L.C.
1 make scientific research and other information pro2
duced through or utilized by the Program which
3 would be useful in preventing, mitigating, or adapt4
ing to the effects of global change accessible through
5 electronic means.
6 (13) ICE SHEET STUDY AND REPORT.—
7 (A) STUDY.—
8 (i) REQUIREMENT.—The Director of
9 the National Science Foundation and the
10 Administrator of National Oceanic and At11
mospheric Administration shall enter into
12 an arrangement with the National Acad13
emy of Sciences to complete a study of the
14 current status of ice sheet melt, as caused
15 by climate change, with implications for
16 global sea level rise.
17 (ii) CONTENTS.—The study shall take
18 into consideration—
19 (I) the past research completed
20 related to ice sheet melt as reviewed
21 by Working Group I of the Intergov22
ernmental Panel on Climate Change;
23 (II) additional research com24
pleted since the fall of 2005 that was
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01066 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1067
H.L.C.
1 not included in the Working Group I
2 report due to time constraints; and
3 (III) the need for an accurate as4
sessment of changes in ice sheet
5 spreading, changes in ice sheet flow,
6 self-lubrication, the corresponding ef7
fect on ice sheets, and current mod8
eling capabilities.
9 (B) REPORT.—Not later than 18 months
10 after the date of enactment of this Act, the Na11
tional Academy of Sciences shall transmit to
12 the Committee on Science and Technology of
13 the House of Representatives and the Com14
mittee on Commerce, Science, and Transpor15
tation of the Senate a report on the key find16
ings of the study conducted under subpara17
graph (A), along with recommendations for ad18
ditional research related to ice sheet melt and
19 corresponding sea level rise.
20 (14) HURRICANE FREQUENCY AND INTENSITY
21 STUDY AND REPORT.—
22 (A) STUDY.—
23 (i) REQUIREMENT.—The Adminis24
trator of the National Oceanic and Atmos25
pheric Administration and the Director of
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01067 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1068
H.L.C.
1 the National Science Foundation shall
2 enter into an arrangement with the Na3
tional Academy of Sciences to complete a
4 study of the current state of the science on
5 the potential impacts of climate change on
6 patterns of hurricane and typhoon develop7
ment, including storm intensity, track, and
8 frequency, and the implications for hurri9
cane-prone and typhoon-prone coastal re10
gions.
11 (ii) CONTENTS.—The study shall take
12 into consideration—
13 (I) the past research completed
14 related to hurricane and typhoon de15
velopment, track, and intensity as re16
viewed by Working Groups I and II of
17 the Intergovernmental Panel on Cli18
mate Change;
19 (II) additional research com20
pleted since the fall of 2005 that was
21 not included in the Working Group I
22 and II reports due to time con23
straints;
24 (III) the need for accurate as25
sessment of potential changes in hur-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01068 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1069
H.L.C.
1 ricane and typhoon intensity, track,
2 and frequency and of the current
3 modeling and forecasting capabilities
4 and the need for improvements in
5 forecasting of these parameters; and
6 (IV) the need for additional re7
search and monitoring to improve
8 forecasting of hurricanes and ty9
phoons and to understand the rela10
tionship between climate change and
11 hurricane and typhoon development.
12 (B) REPORT.—Not later than 18 months
13 after the date of enactment of this Act, the Na14
tional Academy of Sciences shall transmit to
15 the Committee on Science and Technology of
16 the House of Representatives and the Com17
mittee on Commerce, Science, and Transpor18
tation of the Senate a report on the key find19
ings of the study conducted under subpara20
graph (A).
21 (c) CLIMATE AND OTHER GLOBAL CHANGE DATA
22 MANAGEMENT.—
23 (1) PURPOSES.—The purposes of this sub24
section are to establish climate and other global
25 change data management and archiving as Federal
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01069 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1070
H.L.C.
1 agency missions, and to establish Federal policies for
2 managing and archiving climate and other global
3 change data.
4 (2) DEFINITIONS.—For purposes of this sub5
section—
6 (A) the term ‘‘metadata’’ means informa7
tion describing the content, quality, condition,
8 and other characteristics of climate and other
9 global change data, compiled, to the maximum
10 extent possible, consistent with the require11
ments of the ‘‘Content Standard for Digital
12 Geospatial Metadata’’ (FGDC–STD–001–1998)
13 issued by the Federal Geographic Data Com14
mittee, or any successor standard approved by
15 the working group; and
16 (B) the term ‘‘working group’’ means the
17 interagency climate and other global change
18 data management working group established
19 under paragraph (3).
20 (3) INTERAGENCY CLIMATE AND OTHER GLOB21
AL CHANGE DATA MANAGEMENT WORKING GROUP.—
22 (A) ESTABLISHMENT.—The President
23 shall establish or designate an interagency cli24
mate and other global change data management
25 working group to make recommendations for
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01070 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1071
H.L.C.
1 coordinating Federal climate and other global
2 change data management and archiving activi3
ties.
4 (B) MEMBERSHIP.—The working group
5 shall include the Administrator of the National
6 Aeronautics and Space Administration, the Ad7
ministrator of the National Oceanic and Atmos8
pheric Administration, the Secretary of Energy,
9 the Secretary of Defense, the Director of the
10 National Science Foundation, the Director of
11 the United States Geological Survey, the Archi12
vist of the United States, the Administrator of
13 the Environmental Protection Agency, the Sec14
retary of the Smithsonian Institution, or their
15 designees, and representatives of any other
16 Federal agencies the President considers appro17
priate.
18 (C) REPORTS.—Not later than 1 year after
19 the date of enactment of this Act, the working
20 group shall transmit a report to the Congress
21 containing the elements described in subpara22
graph (D). Not later than 4 years after the ini23
tial report under this subparagraph, and at
24 least once every 4 years thereafter, the working
25 group shall transmit reports updating the pre-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01071 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1072
H.L.C.
1 vious report. In preparing reports under this
2 subparagraph, the working group shall consult
3 with expected users of the data collected and
4 archived by the Program.
5 (D) CONTENTS.—The reports and updates
6 required under subparagraph (C) shall—
7 (i) include recommendations for the
8 establishment, maintenance, and accessi9
bility of a catalog identifying all available
10 climate and other global change data sets;
11 (ii) identify climate and other global
12 change data collections in danger of being
13 lost and recommend actions to prevent
14 such loss;
15 (iii) identify gaps in climate and other
16 global change data and recommend actions
17 to fill those gaps;
18 (iv) identify effective and compatible
19 procedures for climate and other global
20 change data collection, management, and
21 retention and make recommendations for
22 ensuring their use by Federal agencies and
23 other appropriate entities;
24 (v) develop and propose a coordinated
25 strategy for funding and allocating respon-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01072 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1073
H.L.C.
1 sibilities among Federal agencies for cli2
mate and other global change data collec3
tion, management, and retention;
4 (vi) make recommendations for ensur5
ing that particular attention is paid to the
6 collection, management, and archiving of
7 metadata;
8 (vii) make recommendations for en9
suring a unified and coordinated Federal
10 capital investment strategy with respect to
11 climate and other global change data col12
lection, management, and archiving;
13 (viii) evaluate the data record from
14 each observing system and make rec15
ommendations to ensure that delivered
16 data are free from time-dependent biases
17 and random errors before they are trans18
ferred to long-term archives; and
19 (ix) evaluate optimal design of obser20
vation system components to ensure a cost21
effective, adequate set of observations de22
tecting and tracking global change.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
Will you please stickie this or get a mod to do so?

Sure thing.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle E: Adapting to Climate Change (Part 3 of 7)
===================================================

23 SEC. 452. NATIONAL CLIMATE SERVICE.
24 (a) SHORT TITLE.—This section may be cited as the
25 ‘‘National Climate Service Act of 2009’’.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01073 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1074
H.L.C.
1 (b) PURPOSE.—The purpose of this section is to es2
tablish a National Climate Service and to define the activi3
ties to be undertaken within the National Oceanic and At4
mospheric Administration to—
5 (1) advance understanding of climate variability
6 and change at the global, national, regional, and
7 local levels;
8 (2) provide forecasts, warnings, and other infor9
mation to the public on variability and change in
10 weather and climate that affect geographic areas,
11 natural resources, infrastructure, economic sectors,
12 and communities; and
13 (3) support development of adaptation and re14
sponse plans by Federal agencies, State, local, and
15 tribal governments, the private sector, and the pub16
lic.
17 (c) DEFINITIONS.—In this section:
18 (1) ADVISORY COMMITTEE.—The term ‘‘Advi19
sory Committee’’ means the Climate Service Advi20
sory Committee established under subsection (f).
21 (2) DIRECTOR.—The term ‘‘Director’’ means
22 the Director of the Climate Service Office.
23 (3) REPRESENTATIVE.—The term ‘‘representa24
tive’’ means an individual who is not a full-time or
25 part-time employee of the Federal Government and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01074 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1075
H.L.C.
1 who is appointed to an advisory committee to rep2
resent the views of an entity or entities outside the
3 Federal Government.
4 (4) SPECIAL GOVERNMENT EMPLOYEE.—The
5 term ‘‘Special Government Employee’’ has the same
6 meaning as in section 202(a) of title 18, United
7 States Code.
8 (5) UNDER SECRETARY.—The term ‘‘Under
9 Secretary’’ means the Under Secretary of Commerce
10 for Oceans and Atmosphere.
11 (d) INTERAGENCY DEVELOPMENT OF A NATIONAL
12 CLIMATE SERVICE.—
13 (1) IN GENERAL.—The President shall—
14 (A) initiate a process within 30 days after
15 the date of enactment of this Act through the
16 Committee on Environment and Natural Re17
sources of the National Science and Technology
18 Council and led by the Director of the Office of
19 Science and Technology Policy, to evaluate al20
ternative structures to support a collaborative,
21 interagency research and operational program
22 that will achieve the goal of meeting the needs
23 of decisionmakers in—
24 (i) Federal agencies;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01075 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1076
H.L.C.
1 (ii) State, local, and tribal govern2
ments;
3 (iii) regional entities and other stake4
holders and users,
5 for reliable, timely, and relevant information re6
lated to climate variability and change;
7 (B) within 1 year after the date of enact8
ment of this Act complete pursuant to para9
graph (2) a survey of the needs of current and
10 future users of information related to climate
11 variability and change;
12 (C) within 2 years after the date of enact13
ment of this Act report to Congress under para14
graph (3) the results of the evaluation described
15 in subparagraph (A) and provide a plan to es16
tablish a collaborative, interagency research and
17 operational program to deliver information re18
lated to climate variability and change to all
19 users; and
20 (D) within 3 years after the date of enact21
ment of this Act, and after delivery of the re22
port to Congress required under subparagraph
23 (C), establish a National Climate Service, based
24 upon the information obtained through the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01076 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1077
H.L.C.
1 process described in subparagraph (A), that
2 meets the goal described in subparagraph (A).
3 (2) SURVEY OF NEED FOR CLIMATE SERV4
ICES.—
5 (A) IN GENERAL.—The Director of the Of6
fice of Science and Technology Policy, through
7 the Committee on Environment and Natural
8 Resources, shall provide a report to Congress
9 within 1 year after the date of enactment of
10 this Act that compiles information on the cur11
rent climate products being delivered by each
12 Federal agency and its partner organizations to
13 users and stakeholders, and on the needs of
14 users and stakeholders for new climate products
15 and services.
16 (B) CONTENTS OF THE REPORT.—The re17
port shall identify—
18 (i) specific user groups and stake19
holders that currently are served by each
20 Federal agency and its partner organiza21
tions;
22 (ii) the type of climate products and
23 services currently delivered to specific
24 users groups and stakeholders, and the
25 specific Federal agency office, program, or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01077 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1078
H.L.C.
1 partner organization that delivers these
2 products and services;
3 (iii) potential user groups and stake4
holders that may be served by expanding
5 climate products and services;
6 (iv) specific needs for new climate
7 products and services to be delivered by
8 each Federal agency and its partner orga9
nizations identified by user groups and
10 stakeholders;
11 (v) a characterization of the different
12 user and stakeholder groups that were sur13
veyed by each Federal agency; and
14 (vi) a list of non-Federal entities that
15 deliver climate products and services.
16 (3) REPORT TO CONGRESS.—
17 (A) IN GENERAL.—Within 2 years after
18 the date of enactment of this Act, the Director
19 of the Office of Science and Technology Policy
20 shall report to the President and the Congress
21 on a proposal, prepared through the Committee
22 on Environment and Natural Resources, to es23
tablish and operate a National Climate Service.
24 The report shall include—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01078 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1079
H.L.C.
1 (i) a description of the alternative
2 structures considered;
3 (ii) a description of the structure pro4
posed for a National Climate Service, in5
cluding a discussion of the benefits of this
6 structure as compared to the alternatives
7 considered;
8 (iii) designation of a specific office or
9 agency that will lead the National Climate
10 Service and that shall be accountable for
11 the daily operation of the National Climate
12 Service;
13 (iv) a description of the role and capa14
bility of each Federal agency, including a
15 list of all entities within each agency or
16 supported with agency funds that currently
17 provide or may provide climate products or
18 services;
19 (v) a description of the mechanisms
20 that will be used to ensure ongoing com21
munication and information exchange
22 among the Federal agencies and between
23 Federal agencies and their respective user
24 and stakeholder communities including—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01079 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1080
H.L.C.
1 (I) mechanisms to facilitate ongo2
ing dialogue with non-Federal organi3
zations providing climate services;
4 (II) mechanisms to facilitate on5
going dialogue with regional, State,
6 local, and tribal governments, the pri7
vate sector, and other users and
8 stakeholders on the development and
9 delivery of climate services;
10 (III) mechanisms to collect infor11
mation, observations, and other data
12 relevant for improving climate prod13
ucts and services; and
14 (IV) designation of points of con15
tact for each Federal agency with re16
sponsibilities to deliver climate serv17
ices;
18 (vi) a detailed description of the proc19
esses and procedures that will be necessary
20 to coordinate observations and information
21 collection by different Federal agencies to
22 ensure the compatibility of information and
23 to facilitate data and information exchange
24 among Federal agencies and with non-Fed25
eral entities, and a designation of the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01080 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1081
H.L.C.
1 agency or agencies that would be respon2
sible for ongoing oversight of these func3
tions;
4 (vii) a detailed description of how re5
search findings and climate impact assess6
ments produced through the United States
7 Global Change Research Program and the
8 other activities undertaken within the
9 United States Global Change Research
10 Program would be integrated with the ac11
tivities undertaken by a National Climate
12 Service;
13 (viii) a list of the existing observation
14 and monitoring systems or programs oper15
ated by each Federal agency that provide
16 data, observations, and other information
17 that may be used to develop or improve cli18
mate products and services;
19 (ix) a description of new infrastruc20
ture, equipment, personnel or other re21
sources, by agency, that may be needed to
22 achieve the goals of a National Climate
23 Service, and the time period over which
24 these new resources will be allocated;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01081 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1082
H.L.C.
1 (x) an identification of the activities
2 that may be undertaken in cooperation
3 with international partners;
4 (xi) the mechanisms established to
5 provide quality assurance and quality con6
trol of climate service products and serv7
ices, and the agency or agencies designated
8 to conduct and oversee these mechanisms;
9 (xii) an identification of non-Federal
10 entities that provide climate products and
11 services, and a description of the relation12
ship envisioned between a National Climate
13 Service and the non-Federal entities pro14
viding climate services; and
15 (xiii) responses to the comments re16
ceived during the public comment period.
17 (B) DRAFT REPORT.—Prior to the submis18
sion of the final report, the Director of the Of19
fice of Science and Technology Policy shall pub20
lish a draft report in the Federal Register with
21 a comment period of at least 30 days.
22 (C) CONSULTATION.—In developing the re23
port, the Director of the Office of Science and
24 Technology Policy shall consult with State,
25 local, and tribal governments, regional entities,
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01082 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1083
H.L.C.
1 the private sector, and other users and stake2
holder groups, and Congress.
3 (4) ANNUAL REPORT.—The Director of the Of4
fice of Science and Technology Policy shall transmit
5 to the Congress at the time of the President’s fiscal
6 year 2013 budget request, and annually thereafter,
7 a report on the annual anticipated cost of carrying
8 out the research and operational activities of the Na9
tional Climate Service, with a description of the
10 budget for each Federal agency’s activities.
11 (e) CLIMATE SERVICE PROGRAM.—
12 (1) IN GENERAL.—The Under Secretary, build13
ing upon the resources of the National Weather
14 Service and other weather and climate programs in
15 the National Oceanic and Atmospheric Administra16
tion, shall establish a Climate Service Program.
17 (2) CLIMATE SERVICE OFFICE.—The Under
18 Secretary shall establish a Climate Service Office
19 and shall appoint a Director of the Office to collabo20
rate with the leadership of the National Oceanic and
21 Atmospheric Administration line offices to perform
22 the duties assigned to the Office. The Climate Serv23
ice Office shall—
24 (A) coordinate programs at the National
25 Oceanic and Atmospheric Administration to en-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01083 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1084
H.L.C.
1 sure the timely production and distribution of
2 data and information on global, national, re3
gional, and local climate variability and change
4 over all time scales relevant for planning and
5 response, including intraseasonal, interannual,
6 decadal, and multidecadal time periods;
7 (B) ensure exchange of information be8
tween the research and operational offices at
9 the National Oceanic and Atmospheric Admin10
istration to identify research needs for improv11
ing climate products and services and ensure
12 the timely and orderly transition of research
13 findings, improved technologies, models, and
14 other tools to the National Oceanic and Atmos15
pheric Administration’s operations;
16 (C) ensure operational quality control of all
17 Climate Service Program products including a
18 transparent and open accounting of all the as19
sumptions built into the global, national, re20
gional, and local weather and climate computer
21 models upon which such products are based;
22 (D) ensure a continuous level of high-qual23
ity data collected through a national observa24
tion and monitoring infrastructure, including at
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01084 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1085
H.L.C.
1 a minimum performing regular maintenance
2 and verification, and periodic upgrades;
3 (E) serve as liaison to and exchange infor4
mation with other Federal agencies that provide
5 climate services in order to—
6 (i) ensure the timely dissemination of
7 data and information on weather and cli8
mate produced by the National Oceanic
9 and Atmospheric Administration to other
10 Federal agencies;
11 (ii) ensure that data and information
12 collected by other Federal agencies rel13
evant to improving climate services are
14 made available to the National Oceanic
15 and Atmospheric Administration;
16 (iii) facilitate the development and de17
livery of climate products and services to
18 relevant stakeholders; and
19 (iv) obtain information from other
20 Federal agencies to improve the develop21
ment and dissemination by the National
22 Oceanic and Atmospheric Administration
23 of information on weather and climate to
24 other Federal agencies for the development
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01085 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1086
H.L.C.
1 of climate service products by those agen2
cies;
3 (F) ensure cooperation and collaboration,
4 as appropriate, of the Climate Service Program
5 with State, local, and tribal governments, re6
gional entities, academic and nonprofit research
7 organizations, and private sector entities, in8
cluding weather information providers and
9 other stakeholders; and
10 (G) ensure exchange of data, information,
11 and research with the United States Global
12 Change Research Program to support the devel13
opment of assessments required under the Glob14
al Change Research Act of 1990 (15 U.S.C.
15 2921 et seq.).
16 (3) CLIMATE SERVICE PROGRAM.—
17 (A) IN GENERAL.—The Under Secretary
18 shall operate the Climate Service Program
19 through a national center, the Climate Service
20 Office, and a network of regional and local fa21
cilities, including the established regional and
22 local offices of the National Weather Service, 6
23 Regional Climate Centers, the offices of the Re24
gional Integrated Sciences and Assessments
25 program, the National Integrated Drought In-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01086 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1087
H.L.C.
1 formation System, and any other National Oce2
anic and Atmospheric Administration or Na3
tional Oceanic and Atmospheric Administration4
supported regional and local entities, as appro5
priate.
6 (B) REGIONAL CLIMATE CENTERS PRO7
GRAM.—The Under Secretary shall maintain a
8 network of 6 Regional Climate Centers to work
9 cooperatively with the State Climate Offices
10 to—
11 (i) collect and exchange data and in12
formation needed to characterize, under13
stand, and forecast regional and local
14 weather and climate;
15 (ii) facilitate collection and exchange
16 of data and information between the States
17 and Federal Government on weather and
18 climate in conjunction with the National
19 Climatic Data Center;
20 (iii) support research and observa21
tions;
22 (iv) obtain input on stakeholder needs
23 for weather and climate information and
24 products; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01087 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1088
H.L.C.
1 (v) support State and local adaptation
2 and response planning.
3 (C) REGIONAL INTEGRATED SCIENCES AND
4 ASSESSMENTS PROGRAM.—The Under Secretary
5 shall maintain a network of offices as part of
6 the Regional Integrated Sciences and Assess7
ments Program. Such offices shall engage in co8
operative research, development, and dem9
onstration projects with the academic commu10
nity, State Climate Offices, Regional Climate
11 Offices, and other users and stakeholders on cli12
mate products, technologies, models, and other
13 tools to improve understanding and forecasting
14 of regional and local climate variability and
15 change and the effects on economic activities,
16 natural resources, and water availability, and
17 other effects on communities, to facilitate devel18
opment of regional and local adaptation plans
19 to respond to climate variability and change,
20 and any other needed research identified by the
21 Under Secretary or the Advisory Committee.
22 (D) OTHER OFFICES.—In carrying out the
23 functions of the Climate Service Program, the
24 Under Secretary shall utilize the assets and ex25
pertise of—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01088 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1089
H.L.C.
1 (i) the National Weather Service to—
2 (I) deliver operational weather
3 and climate forecasts, warnings, prod4
ucts, and information through the Cli5
mate Service Programs Division,
6 Local Weather Forecast Offices,
7 Weather Service Offices, and River
8 Forecast Centers; and
9 (II) develop climate forecast
10 models and tools through the National
11 Centers for Environmental Prediction;
12 (ii) the National Environmental Sat13
ellite, Data, and Information Service to
14 provide data services and support for prod15
uct development and operations through
16 the National Climatic Data Center and the
17 Regional Climate Centers;
18 (iii) the Office of Oceanic and Atmos19
pheric Research to—
20 (I) provide research on product
21 development;
22 (II) improve weather and climate
23 forecast models;
24 (III) provide new technologies
25 and methods of observation; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01089 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1090
H.L.C.
1 (IV) oversee the National Oce2
anic and Atmospheric Administration
3 supported research performed by the
4 Joint Cooperative Institutes, univer5
sities, and other non-Federal entities;
6 (iv) the National Integrated Drought
7 Information System to—
8 (I) provide an effective drought
9 warning system;
10 (II) coordinate and integrate
11 Federal research on droughts;
12 (III) collect and integrate infor13
mation on key indicators of drought;
14 (IV) make usable, reliable, and
15 timely forecasts and assessments of
16 drought, including assessments of the
17 severity of drought conditions and ef18
fects;
19 (V) communicate drought fore20
casts, conditions, and effects to Fed21
eral, State, tribal, and local govern22
ments, regional entities, the private
23 sector, and the public; and
24 (VI) coordinate with State Cli25
mate Offices and RISA teams to as-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01090 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1091
H.L.C.
1 sess management practices and tech2
nologies, and the effects of both, used
3 for drought mitigation at the local,
4 State, and regional levels; and
5 (v) any other National Oceanic and
6 Atmospheric Administration offices or pro7
grams, as appropriate.
8 (E) MISSION.—The Under Secretary shall
9 ensure that the core functions and missions of
10 the National Weather Service, the National In11
tegrated Drought Information System, and any
12 other programs within the National Oceanic
13 and Atmospheric Administration are not dimin14
ished or neglected by the establishment of the
15 Climate Service Program or the duties imposed
16 on such offices or programs under this para17
graph.
18 (F) PROGRAM ELEMENTS.—The Climate
19 Service Program shall—
20 (i) conduct analyses of and studies re21
lating to the effects of weather and climate
22 on communities, including effects on agri23
cultural production, natural resources, en24
ergy supply and demand, recreation, and
25 other sectors of the economy;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01091 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1092
H.L.C.
1 (ii) carry out observations, data collec2
tion, and monitoring of atmospheric and
3 oceanic conditions on a statewide, regional,
4 national, and global basis;
5 (iii) provide information and technical
6 support for Federal, regional, State, tribal,
7 and local government efforts to assess and
8 respond to climate variability and change;
9 (iv) develop systems for the manage10
ment and dissemination of data, informa11
tion, and assessments, including mecha12
nisms for consultation with current and
13 potential users and other stakeholders;
14 (v) conduct research to improve fore15
casting, characterization, and under16
standing of weather and climate variability
17 and change and its effects on communities,
18 including its effects on agricultural produc19
tion, natural resources, energy supply and
20 demand, recreation, and other sectors of
21 the economy; and
22 (vi) develop tools to facilitate the use
23 of climate information by local and re24
gional stakeholders.
25 (f) CLIMATE SERVICE ADVISORY COMMITTEE.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01092 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1093
H.L.C.
1 (1) IN GENERAL.—The Under Secretary shall
2 establish a Climate Service Advisory Committee to
3 provide advice on—
4 (A) climate service product development;
5 (B) delivery of services to decisionmakers
6 and other stakeholders;
7 (C) infrastructure to support observations
8 and monitoring;
9 (D) computation and modeling needs, re10
search needs, and other resources needed to de11
velop, distribute, and ensure the utility of cli12
mate data, products, and services; and
13 (E) any other topics as may be requested
14 by the Under Secretary or Congress.
15 (2) MEMBERS.—
16 (A) IN GENERAL.—The Advisory Com17
mittee shall be composed of at least 25 mem18
bers appointed by the Under Secretary. Each
19 member of the Advisory Committee shall be
20 qualified either—
21 (i) by education, training, and experi22
ence to evaluate scientific and technical in23
formation on matters referred to the Advi24
sory Committee under this subsection; or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01093 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1094
H.L.C.
1 (ii) to evaluate the utility and need for
2 climate products by planners, decision3
makers, the private sector, and the public.
4 (B) TERMS OF SERVICE.—Members shall
5 be appointed for 3-year terms, renewable once,
6 and shall serve at the discretion of the Under
7 Secretary. Vacancy appointments shall be for
8 the remainder of the unexpired term of the va9
cancy, and an individual so appointed may sub10
sequently be appointed for 2 full 3-year terms
11 if the remainder of the unexpired term is less
12 than one year.
13 (C) CHAIRPERSON.—The Under Secretary
14 shall designate a chairperson from among the
15 members of the Advisory Committee. The des16
ignated Chairperson shall alternate between a
17 member who is appointed as a representative
18 and a member who is appointed as a Special
19 Government Employee.
20 (D) SUBCOMMITTEES.—
21 (i) ESTABLISHMENT.—The Advisory
22 Committee shall establish—
23 (I) a Subcommittee on Science
24 and Technology to advise the Climate
25 Service Program on needed research,
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01094 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1095
H.L.C.
1 technology development, and addi2
tional observations, and on any other
3 scientific or technical issues as appro4
priate; and
5 (II) a Subcommittee on Product
6 Development and Delivery composed
7 primarily of representatives of the
8 community of potential users of the
9 products developed and delivered by
10 the Climate Service Program.
11 The Advisory Committee may establish
12 such additional subcommittees of its mem13
bers as may be necessary.
14 (ii) APPOINTMENT.—
15 (I) FULL ADVISORY COM16
MITTEE.—At least 50 percent of the
17 members of the Advisory Committee
18 shall be appointed as Special Govern19
ment Employees.
20 (II) SUBCOMMITTEES.—At least
21 75 percent of the members of the
22 Subcommittee on Science and Tech23
nology shall be appointed as Special
24 Government Employees. Not more
25 than 25 percent of the members of
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01095 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1096
H.L.C.
1 the Subcommittee on Product Devel2
opment and Delivery shall be ap3
pointed as Special Government Em4
ployees.
5 (3) ADMINISTRATIVE PROVISIONS.—
6 (A) REPORTING.—The Advisory Com7
mittee shall report to the Under Secretary and
8 the appropriate requesting party.
9 (B) ADMINISTRATIVE SUPPORT.—The
10 Under Secretary shall provide administrative
11 support to the Advisory Committee.
12 (C) MEETINGS.—The Advisory Committee
13 shall meet at least twice each year and at other
14 times at the call of the Under Secretary or the
15 Chairperson.
16 (D) COMPENSATION AND EXPENSES.—A
17 member of the Advisory Committee shall not be
18 compensated for service on the Advisory Com19
mittee, but may be allowed travel expenses, in20
cluding per diem in lieu of subsistence, in ac21
cordance with subchapter I of chapter 57 of
22 title 5, United States Code.
23 (4) EXPIRATION.—Section 14 of the Federal
24 Advisory Committee Act (5 U.S.C. App.) shall not
25 apply to the Climate Service Advisory Committee.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01096 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1097
H.L.C.
1 (g) REPEAL.—The National Climate Program Act
2 (15 U.S.C. 2901 et seq.) is repealed.
3 (h) ESTABLISHMENT OF REGIONAL INTEGRATED
4 SCIENCES AND ASSESSMENTS TEAMS.—
5 (1) IN GENERAL.—In maintaining the network
6 of Regional Integrated Sciences and Assessments
7 (RISA) Teams under subsection (e)(3)(C), the
8 Under Secretary shall utilize a competitive, peer-re9
viewed selection process. Teams shall conduct ap10
plied regional climate research and projects to ad11
dress the needs of local and regional decisionmakers
12 for information and tools to develop adaptation and
13 response plans to climate variability and change.
14 The awards shall be administered through a cooper15
ative agreement between the National Oceanic and
16 Atmospheric Administration and the RISA Team.
17 Each award shall be for a period of five years.
18 (2) RISA TEAMS.—Teams shall be composed of
19 multi-institutional partnerships whose individual
20 members may include—
21 (A) institutions of higher education, as de22
fined in section 101(a) of the Higher Education
23 Act of 1965 (20 U.S.C. 1001(a));
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01097 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1098
H.L.C.
1 (B) minority serving institutions, as de2
fined in section 371(a) of the Higher Education
3 Act of 1965; and
4 (C) nongovernmental research organiza5
tions, Federal agencies, State and local agen6
cies, tribal organizations, and for-profit entities.
7 (3) CONSIDERATIONS.—In making awards
8 under this subsection, the Under Secretary shall
9 consider—
10 (A) the overall geographic distribution of
11 RISA Teams and existing gaps in applied re12
search to support local and regional decision13
makers;
14 (B) the team’s ability to contribute to the
15 National Oceanic and Atmospheric Administra16
tion’s efforts to deliver climate services in the
17 region; and
18 (C) the team’s proposal to integrate social
19 and physical sciences research to address the
20 effects of climate variability and change on the
21 ecology, economy, infrastructure, and commu22
nities in the region.
23 (i) SURVEY OF NEED FOR CLIMATE SERVICES.—
24 (1) IN GENERAL.—The Under Secretary shall
25 provide a report to Congress within 9 months after
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01098 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1099
H.L.C.
1 the date of enactment of this Act that compiles in2
formation on the current climate products being de3
livered by the National Oceanic and Atmospheric
4 Administration and its partner organizations to
5 users and stakeholders and on the needs of users
6 and stakeholders for new climate products and serv7
ices.
8 (2) CONTENTS OF REPORT.—The report shall
9 identify—
10 (A) specific user groups and stakeholders
11 that currently are served by the National Oce12
anic and Atmospheric Administration and its
13 partner organizations;
14 (B) the type of climate products and serv15
ices currently delivered to specific user groups
16 and stakeholders and the specific National Oce17
anic and Atmospheric Administration office or
18 partner organization that delivers these prod19
ucts and services;
20 (C) potential user groups and stakeholders
21 that may be served by expanding climate prod22
ucts and services; and
23 (D) specific needs for new climate products
24 and services identified by user groups and
25 stakeholders.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01099 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1100
H.L.C.
1 (3) CONSULTATION.—The Under Secretary
2 shall consult with the Climate Service Advisory Com3
mittee in the preparation of this report.
4 (j) IMPLEMENTATION PLAN.—
5 (1) IN GENERAL.—The Under Secretary shall
6 prepare a plan for creating a Climate Service Pro7
gram in the National Oceanic and Atmospheric Ad8
ministration and delivering climate products and
9 services to the National Oceanic and Atmospheric
10 Administration users and stakeholders. The plan
11 shall be submitted to the President and the Con12
gress within 1 year after the date of enactment of
13 this Act.
14 (2) DRAFT PLAN.—Prior to the submission of
15 the final plan, the Under Secretary shall publish a
16 draft plan in the Federal Register with a public
17 comment period of at least 30 days.
18 (3) CONTENTS.—The plan shall—
19 (A) identify the current gaps in climate
20 services and outline the process and resources
21 the National Oceanic and Atmospheric Admin22
istration will use to fill these gaps;
23 (B) describe the roles of the National Oce24
anic and Atmospheric Administration line of25
fices and the National Oceanic and Atmospheric
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01100 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1101
H.L.C.
1 Administration partner organizations in the de2
velopment and delivery of climate products and
3 services;
4 (C) describe the development and imple5
mentation of quality assurance and control
6 mechanisms for climate products and services
7 delivered by the National Oceanic and Atmos8
pheric Administration and its partner organiza9
tions;
10 (D) identify the mechanisms and opportu11
nities for determining user needs and engaging
12 in a two-way dialogue with users that will in13
form climate product and service development
14 and delivery of authoritative, timely, and useful
15 information on climate variability and change
16 and the effects on local, State, regional, na17
tional, and global scales;
18 (E) identify new responsibilities or tasks to
19 be undertaken by existing National Oceanic and
20 Atmospheric Administration line offices and
21 partner organizations;
22 (F) identify new infrastructure, equipment,
23 personnel, or other resources needed to imple24
ment the proposed plan; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01101 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1102
H.L.C.
1 (G) include responses to the comments re2
ceived during the public comment period.


And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle E: Adapting to Climate Change (Part 4 of 7)
===================================================

3 (4) CONTINUITY OF SERVICE.—During the de4
velopment of the implementation plan, the public
5 comment period, and final plan, the National Oce6
anic and Atmospheric Administration shall continue
7 to provide climate services to the user community.
8 (5) CONSULTATION.—In developing the plan,
9 the Under Secretary shall consult with user groups
10 and stakeholders, State Climate Offices, Regional
11 Climate Centers, other Federal agencies, the Climate
12 Service Advisory Committee, and Congress.
13 (6) COORDINATION WITH INTERAGENCY DEVEL14
OPMENT OF A NATIONAL CLIMATE SERVICE.—In
15 preparing the plan required under this subsection,
16 the Under Secretary shall consult with the Director
17 of the Office of Science and Technology Policy to en18
sure that the program developed by the Agency will
19 serve the needs of a National Climate Service.
20 (k) SUMMER INSTITUTES PROGRAM AT THE RE21
GIONAL CLIMATE CENTERS.—
22 (1) DEFINITIONS.—In this subsection:
23 (A) SUMMER INSTITUTE.—The term
24 ‘‘summer institute’’ means an institute, oper25
ated during the summer, that—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01102 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1103
H.L.C.
1 (i) is hosted by a Regional Climate
2 Center or an eligible partner;
3 (ii) is operated for a period of not less
4 than 2 weeks; and
5 (iii) provides direct interaction of mid6
dle school and high school teacher and un7
dergraduate student participants with per8
sonnel of the Regional Climate Centers or
9 eligible partners who have scientific exper10
tise in weather and climate.
11 (B) ELIGIBLE PARTNER.—The term ‘‘eligi12
ble partner’’ means—
13 (i) the science, engineering, or mathe14
matics department at an institution of
15 higher education; or
16 (ii) a nonprofit entity with expertise
17 in providing educational enrichment experi18
ences for students.
19 (2) SUMMER INSTITUTES PROGRAM AUTHOR20
IZED.—
21 (A) IN GENERAL.—The Under Secretary
22 shall establish a summer institutes program, to
23 be conducted in cooperation with the Regional
24 Climate Centers, which may include an eligible
25 partner. The purpose of the program is to pro-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01103 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1104
H.L.C.
1 vide training and professional enrichment by
2 providing opportunities for interaction between
3 participants and climate scientists in a research
4 and operational setting to—
5 (i) enable middle school and high
6 school teachers to integrate weather and
7 climate sciences into their curricula: and
8 (ii) encourage undergraduate students
9 to pursue further study and careers in
10 weather and climate sciences.
11 (B) REQUIRED ACTIVITIES.—Funds au12
thorized under this subsection shall be used
13 for—
14 (i) providing educational opportunities
15 for middle school and high school teachers
16 and undergraduate students not achievable
17 inside the classroom;
18 (ii) exposing such teachers and stu19
dents to researchers, scientists, or engi20
neers who can demonstrate their daily ac21
tivities to the teachers and students;
22 (iii) exposing teachers and students to
23 scientific methods in a research discovery
24 setting; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01104 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1105
H.L.C.
1 (iv) assisting teachers with curriculum
2 development in the areas of weather and
3 climate science.
4 (3) PRIORITY.—The Under Secretary shall en5
sure that each summer institute program authorized
6 under paragraph (2) includes students from groups
7 underrepresented in the fields of science, technology,
8 engineering, and mathematics teaching, including
9 women and members of minority groups.
10 (4) REPORT TO CONGRESS.—The Under Sec11
retary shall submit to Congress a biennial report on
12 the activities conducted under this subsection, in13
cluding the number of participants and the new cur14
ricula developed in atmospheric and climate sciences.
15 (l) CLEARINGHOUSE OF FEDERAL CLIMATE SERVICE
16 PRODUCTS AND LINKS TO FEDERAL AGENCIES PRO17
VIDING CLIMATE SERVICES.—
18 (1) IN GENERAL.—The Under Secretary shall
19 establish and maintain a clearinghouse to inform
20 State, local, and tribal governments and the public
21 about the information and services available to—
22 (A) assess the impacts of climate varia23
bility and change at different geographic scales;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01105 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1106
H.L.C.
1 (B) characterize and forecast climate vari2
ability and change for specific regions, re3
sources, and economic sectors; and
4 (C) develop and implement adaptation
5 strategies to reduce vulnerabilities to climate
6 variability and change.
7 (2) OTHER RESOURCES.—The clearinghouse
8 shall include hyperlinks to Internet sites that de9
scribe the activities, information, and resources of—
10 (A) the Federal Government;
11 (B) State and local governments;
12 (C) the private sector;
13 (D) nongovernmental and nonprofit enti14
ties and organizations; and
15 (E) international organizations.
16 (m) FINANCIAL BURDEN.—Nothing in this section
17 shall be construed as authorizing the National Climate
18 Service or the Climate Service Program at the National
19 Oceanic and Atmospheric Administration to require State,
20 tribal, or local governments to develop adaptation or re21
sponse plans or to take any other action in response to
22 variations in climate that may result in an increased finan23
cial burden to such governments.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01106 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1107
H.L.C.
1 SEC. 453. STATE PROGRAMS TO BUILD RESILIENCE TO CLI2
MATE CHANGE IMPACTS.
3 (a) DEFINITIONS.—For purposes of this section:
4 (1) ALLOWANCE.—The term ‘‘allowance’’
5 means an emission allowance established under sec6
tion 721 of the Clean Air Act (as added by section
7 311 of this Act).
8 (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’
9 has the meaning given the term in section 4 of the
10 Indian Self-Determination and Education Assistance
11 Act (25 U.S.C. 450b).
12 (3) VINTAGE YEAR.—The term ‘‘vintage year’’
13 has the meaning given that term under section 700
14 of the Clean Air Act (as added by section 312 of this
15 Act).
16 (b) REGULATIONS; COORDINATION.—Not later than
17 2 years after the date of enactment of this Act, the Admin18
istrator, or such Federal agency head or heads as the
19 President may designate, shall promulgate regulations to
20 implement the requirements of this section. If the Presi21
dent designates more than 1 Federal agency to implement
22 this section, the President shall require such agencies to
23 establish a memorandum of understanding providing for
24 coordination of rulemaking and other implementing activi25
ties, in accordance with the requirements of this section.
26 (c) DISTRIBUTION OF ALLOWANCES.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01107 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1108
H.L.C.
1 (1) IN GENERAL.—Not later than September
2 30 of each of calendar years 2011 through 2049, the
3 Administrator shall distribute, in accordance with
4 this section, allowances allocated for the following
5 vintage year pursuant to section 782(l) of the Clean
6 Air Act (as added by section 321 of this Act). The
7 Administrator shall reserve 1 percent of such allow8
ances for distribution to Indian tribes in accordance
9 with subsection (d). The remainder of such allow10
ances shall be distributed ratably among the States
11 based on the product of—
12 (A) each State’s population; and
13 (B) each State’s allocation factor as deter14
mined under paragraph (2).
15 (2) STATE ALLOCATION FACTORS.—
16 (A) IN GENERAL.—Except as provided in
17 subparagraph (B), the allocation factor for a
18 State shall be the quotient of—
19 (i) the per capita income of all indi20
viduals in the United States, divided by
21 (ii) the per capita income of all indi22
viduals in such State.
23 (B) LIMITATION.—If the allocation factor
24 for a State as calculated under subparagraph
25 (A) would exceed 1.2, then the allocation factor
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01108 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1109
H.L.C.
1 for such State shall be 1.2. If the allocation fac2
tor for a State as calculated under subpara3
graph (A) would be less than 0.8, then the allo4
cation factor for such State shall be 0.8.
5 (C) PER CAPITA INCOME.—For purposes
6 of this paragraph, per capita income shall be—
7 (i) determined at 2-year intervals; and
8 (ii) subject to subparagraph (D),
9 equal to the average of the annual per cap10
ita incomes for the most recent period of
11 3 consecutive years for which satisfactory
12 data are available from the Department of
13 Commerce at the time such determination
14 is made.
15 (D) REVENUE DIRECTLY RESULTING FROM
16 A PRESIDENTIALLY DECLARED MAJOR DIS17
ASTER.—For purposes of this paragraph, per
18 capita income from one or more of the following
19 sources shall be reduced or excluded if the Sec20
retary of Commerce (in consultation with the
21 Administrator and the secretaries or adminis22
trators of the departments or agencies involved)
23 determines that the income accrues to persons
24 as the result of a Major Disaster (as declared
25 by the President of the United States) and if
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01109 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1110
H.L.C.
1 the Secretary finds that the inclusion of one or
2 more of these income sources, in whole or in
3 part, results in a transitory, rather than a sus4
tainable, increase in a State’s per capita income
5 level relative to the national average:
6 (i) Property and casualty insurance
7 (including homeowners and renters insur8
ance).
9 (ii) The National Flood Insurance
10 Program of the Federal Emergency Man11
agement Agency.
12 (iii) The Individual and Family
13 Grants Program of the Federal Emergency
14 Management Agency.
15 (iv) The Disaster Housing Program of
16 the Federal Emergency Management
17 Agency.
18 (v) The Community Development
19 Block Grant Program of the Department
20 of Housing and Urban Development.
21 (vi) The Disaster Unemployment As22
sistance Program of the Department of
23 Labor.
24 (vii) Any other source determined ap25
propriate by the Administrator.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01110 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1111
H.L.C.
1 (d) DISTRIBUTION TO INDIAN TRIBES.—The Admin2
istrator, or such Federal agency head or heads as the
3 President may designate, shall promulgate regulations es4
tablishing a program to distribute allowances on a com5
petitive basis to Indian tribes, in accordance with the re6
quirements of this section. Such allowances shall be used
7 exclusively in accordance with the requirements of sub8
section (e). Beginning with vintage year 2015, Indian
9 tribes with a tribal adaptation plan approved pursuant to
10 subsection (f) shall be given priority in selection of pro11
grams or projects for receipt of emission allowances under
12 this subsection.
13 (e) USE OF ALLOWANCES.—
14 (1) IN GENERAL.—States and Indian tribes
15 shall use allowances distributed under this section
16 exclusively for the implementation of projects, pro17
grams, or measures to build resilience to the impacts
18 of climate change, including—
19 (A) extreme weather events such as flood20
ing and tropical cyclones;
21 (B) more frequent heavy precipitation
22 events;
23 (C) water scarcity and adverse impacts on
24 water quality;
25 (D) stronger and longer heat waves;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01111 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1112
H.L.C.
1 (E) more frequent and severe droughts;
2 (F) rises in sea level;
3 (G) ecosystem disruption;
4 (H) increased air pollution; and
5 (I) effects on public health.
6 (2) PRIORITY IN PROJECTS TO REDUCE FLOOD
7 EVENTS.—When implementing any project, program,
8 or measure supported under this section and de9
signed to reduce flood events, a State or Indian tribe
10 should consider prioritizing projects that seek to—
11 (A) mitigate the destructive impacts of cli12
mate-related increases in the duration, fre13
quency, or magnitude of rainfall or runoff, in14
cluding snowmelt runoff, as well as hurricanes;
15 (B) improve flood protection for densely
16 populated urban areas; and
17 (C) mitigate the destructive impact of
18 ocean-related climate change effects, including
19 effects on bays, estuaries, populated barrier is20
lands and other ocean-related features, through
21 a variety of means and measures, including the
22 construction of jetties, levies, and other coastal
23 structures in densely populated coastal areas
24 impacted by climate change.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01112 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1113
H.L.C.
1 (3) STATE AND TRIBAL ADAPTATION PLANS.—
2 Upon approval of a State or tribal climate adapta3
tion plan under subsection (f), allowances received
4 by a State under this section shall be used in ac5
cordance with such plan.
6 (4) SUPPLEMENT, NOT SUPPLANT.—It is the
7 intent of the Congress that allowances distributed to
8 carry out this section should be used to supplement,
9 and not replace, existing sources of funding used to
10 build resilience to the impacts of climate change
11 identified in paragraph (1).
12 (f) STATE AND TRIBAL CLIMATE ADAPTATION
13 PLANS.—
14 (1) IN GENERAL.—The regulations promulgated
15 pursuant to subsection (b) shall include require16
ments for submission and approval of State or tribal
17 climate adaptation plans under this section. Begin18
ning with vintage year 2015, distribution of allow19
ances to a State pursuant to this section shall be
20 contingent on approval of a State climate adaptation
21 plan for such State that meets the requirements of
22 such regulations. Requirements for tribal climate ad23
aptation plans may vary from those of State adapta24
tion plans to the extent necessary to account for the
25 special circumstances of Indian tribes.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01113 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1114
H.L.C.
1 (2) REQUIREMENTS.—Regulations promulgated
2 under this section shall require, at minimum, that
3 State and tribal climate adaptation plans—
4 (A) assess and prioritize the State’s or In5
dian tribe’s vulnerability to a broad range of
6 impacts of climate change, based on the best
7 available science;
8 (B) include an assessment of potential for
9 carbon reduction through changes to land man10
agement policies (including enhancement or
11 protection of forest carbon sinks);
12 (C) identify and prioritize specific cost-ef13
fective projects, programs, and measures to
14 build resilience to current and predicted im15
pacts of climate change;
16 (D) ensure that the State or Indian tribe
17 fully considers and undertakes, to the maximum
18 extent practicable, initiatives that—
19 (i) protect or enhance natural eco20
system functions, including protection,
21 maintenance, or restoration of natural in22
frastructure such as wetlands, reefs, and
23 barrier islands to buffer communities from
24 floodwaters or storms, watershed protec25
tion to maintain water quality and ground-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01114 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1115
H.L.C.
1 water recharge, or floodplain restoration to
2 improve natural flood control capacity; or
3 (ii) use non-structural approaches in4
cluding practices that utilize, enhance, or
5 mimic the natural hydrologic cycle proc6
esses of infiltration, evapotranspiration,
7 and reuse;
8 (E) be revised and resubmitted for ap9
proval not less frequently than every 5 years;
10 and
11 (F) be consistent with Federal conserva12
tion and environmental laws and, to the max13
imum extent practicable, avoid environmental
14 degradation.
15 (3) COORDINATION WITH PRIOR PLANNING EF16
FORTS.—In implementing this subsection, the Ad17
ministrator, or such Federal agency head or heads
18 as the President may designate, shall—
19 (A) draw upon lessons learned and best
20 practices from preexisting State and tribal cli21
mate adaptation planning efforts;
22 (B) seek to avoid duplication of such ef23
forts; and
24 (C) ensure that the plans developed under
25 this section reflect and are fully consistent with
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01115 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1116
H.L.C.
1 State natural resources adaptation plans devel2
oped under section 479 of this Act.
3 (g) REPORTING.—Each State or Indian tribe receiv4
ing allowances under this section shall submit to the Ad5
ministrator, or such Federal agency head or heads as the
6 President may designate, within 12 months after each re7
ceipt of such allowances and once every 2 years thereafter
8 until the value of any allowances received under this sec9
tion has been fully expended, a report that—
10 (1) provides a full accounting for the State’s or
11 Indian tribe’s use of allowances distributed under
12 this section, including a description of the projects,
13 programs, or measures supported using such allow14
ances;
15 (2) includes a report prepared by an inde16
pendent third party, in accordance with such regula17
tions as are promulgated by the Administrator or
18 such other Federal agency head or heads as the
19 President may designate, evaluating the performance
20 of the projects, programs, or measures supported
21 under this section; and
22 (3) identifies any use by the State or Indian
23 tribe of allowances distributed under this section for
24 the reduction of flood and storm damage and the ef-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01116 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1117
H.L.C.
1 fects of climate change on water and flood protection
2 infrastructure.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle E: Adapting to Climate Change (Part 5 of 7)
===================================================

3 (h) ENFORCEMENT.—If the Administrator, or such
4 Federal agency head or heads as the President may des5
ignate, determines that a State or Indian tribe is not in
6 compliance with this section, the Administrator or such
7 other agency head may withhold a quantity of the allow8
ances equal to up to twice the quantity of allowances that
9 the State or Indian tribe failed to use in accordance with
10 the requirements of this section, that such State or Indian
11 tribe would otherwise be eligible to receive under this sec12
tion in 1 or more later years. Allowances withheld pursu13
ant to this subsection shall be distributed among the re14
maining States or Indian tribes ratably in accordance with
15 the formula in subsection (c) in the case of allowances
16 withheld from a State, or in accordance with subsection
17 (d) in the case of allowances withheld from an Indian
18 tribe.
19 Subpart B—Public Health and Climate Change
20 SEC. 461. SENSE OF CONGRESS ON PUBLIC HEALTH AND
21 CLIMATE CHANGE.
22 It is the sense of the Congress that the Federal Gov23
ernment, in cooperation with international, State, tribal,
24 and local governments, concerned public and private orga-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01117 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1118
H.L.C.
1 nizations, and citizens, should use all practicable means
2 and measures—
3 (1) to assist the efforts of public health and
4 health care professionals, first responders, States,
5 tribes, municipalities, and local communities to in6
corporate measures to prepare health systems to re7
spond to the impacts of climate change;
8 (2) to ensure—
9 (A) that the Nation’s health professionals
10 have sufficient information to prepare for and
11 respond to the adverse health impacts of cli12
mate change;
13 (B) the utility and value of scientific re14
search in advancing understanding of—
15 (i) the health impacts of climate
16 change; and
17 (ii) strategies to prepare for and re18
spond to the health impacts of climate
19 change;
20 (C) the identification of communities vul21
nerable to the health effects of climate change
22 and the development of strategic response plans
23 to be carried out by health professionals for
24 those communities;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01118 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1119
H.L.C.
1 (D) the improvement of health status and
2 health equity through efforts to prepare for and
3 respond to climate change; and
4 (E) the inclusion of health policy in the de5
velopment of climate change responses;
6 (3) to encourage further research, interdiscipli7
nary partnership, and collaboration among stake8
holders in order to—
9 (A) understand and monitor the health im10
pacts of climate change; and
11 (B) improve public health knowledge and
12 response strategies to climate change;
13 (4) to enhance preparedness activities, and pub14
lic health infrastructure, relating to climate change
15 and health;
16 (5) to encourage each and every American to
17 learn about the impacts of climate change on health;
18 and
19 (6) to assist the efforts of developing nations to
20 incorporate measures to prepare health systems to
21 respond to the impacts of climate change.
22 SEC. 462. RELATIONSHIP TO OTHER LAWS.
23 Nothing in this subpart in any manner limits the au24
thority provided to or responsibility conferred on any Fed25
eral department or agency by any provision of any law
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01119 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1120
H.L.C.
1 (including regulations) or authorizes any violation of any
2 provision of any law (including regulations), including any
3 health, energy, environmental, transportation, or any
4 other law or regulation.
5 SEC. 463. NATIONAL STRATEGIC ACTION PLAN.
6 (a) REQUIREMENT.—
7 (1) IN GENERAL.—The Secretary of Health and
8 Human Services, within 2 years after the date of the
9 enactment of this Act, on the basis of the best avail10
able science, and in consultation pursuant to para11
graph (2), shall publish a strategic action plan to as12
sist health professionals in preparing for and re13
sponding to the impacts of climate change on public
14 health in the United States and other nations, par15
ticularly developing nations.
16 (2) CONSULTATION.—In developing or making
17 any revision to the national strategic action plan, the
18 Secretary shall—
19 (A) consult with the Director of the Cen20
ters for Disease Control and Prevention, the
21 Administrator of the Environmental Protection
22 Agency, the Director of the National Institutes
23 of Health, the Secretary of Energy, other ap24
propriate Federal agencies, Indian tribes, State
25 and local governments, public health organiza-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01120 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1121
H.L.C.
1 tions, scientists, and other interested stake2
holders; and
3 (B) provide opportunity for public input.
4 (b) CONTENTS.—
5 (1) IN GENERAL.—The Secretary, acting
6 through the Director of the Centers for Disease
7 Control and Prevention and other appropriate Fed8
eral agencies, shall assist health professionals in pre9
paring for and responding effectively and efficiently
10 to the health effects of climate change through
11 measures including—
12 (A) developing, improving, integrating, and
13 maintaining domestic and international disease
14 surveillance systems and monitoring capacity to
15 respond to health-related effects of climate
16 change, including on topics addressing—
17 (i) water, food, and vector borne infec18
tious diseases and climate change;
19 (ii) pulmonary effects, including re20
sponses to aeroallergens;
21 (iii) cardiovascular effects, including
22 impacts of temperature extremes;
23 (iv) air pollution health effects, includ24
ing heightened sensitivity to air pollution;
25 (v) hazardous algal blooms;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01121 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1122
H.L.C.
1 (vi) mental and behavioral health im2
pacts of climate change;
3 (vii) the health of refugees, displaced
4 persons, and vulnerable communities;
5 (viii) the implications for communities
6 vulnerable to health effects of climate
7 change, as well as strategies for responding
8 to climate change within these commu9
nities; and
10 (ix) local and community-based health
11 interventions for climate-related health im12
pacts;
13 (B) creating tools for predicting and moni14
toring the public health effects of climate
15 change on the international, national, regional,
16 State, and local levels, and providing technical
17 support to assist in their implementation;
18 (C) developing public health communica19
tions strategies and interventions for extreme
20 weather events and disaster response situations;
21 (D) identifying and prioritizing commu22
nities and populations vulnerable to the health
23 effects of climate change, and determining ac24
tions and communication strategies that should
25 be taken to inform and protect these commu-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01122 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1123
H.L.C.
1 nities and populations from the health effects of
2 climate change;
3 (E) developing health communication, pub4
lic education, and outreach programs aimed at
5 public health and health care professionals, as
6 well as the general public, to promote prepared7
ness and response strategies relating to climate
8 change and public health, including the identi9
fication of greenhouse gas reduction behaviors
10 that are health-promoting; and
11 (F) developing academic and regional cen12
ters of excellence devoted to—
13 (i) researching relationships between
14 climate change and health;
15 (ii) expanding and training the public
16 health workforce to strengthen the capacity
17 of such workforce to respond to and pre18
pare for the health effects of climate
19 change;
20 (iii) creating and supporting academic
21 fellowships focusing on the health effects
22 of climate change; and
23 (iv) training senior health ministry of24
ficials from developing nations to strength25
en the capacity of such nations to—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01123 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1124
H.L.C.
1 (I) prepare for and respond to
2 the health effects of climate change;
3 and
4 (II) build an international net5
work of public health professionals
6 with the necessary climate change
7 knowledge base;
8 (G) using techniques, including health im9
pact assessments, to assess various climate
10 change public health preparedness and response
11 strategies on international, national, State, re12
gional, tribal, and local levels, and make rec13
ommendations as to those strategies that best
14 protect the public health;
15 (H)(i) assisting in the development, imple16
mentation, and support of State, regional, trib17
al, and local preparedness, communication, and
18 response plans (including with respect to the
19 health departments of such entities) to antici20
pate and reduce the health threats of climate
21 change; and
22 (ii) pursuing collaborative efforts to de23
velop, integrate, and implement such plans;
24 (I) creating a program to advance research
25 as it relates to the effects of climate change on
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01124 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1125
H.L.C.
1 public health across Federal agencies, including
2 research to—
3 (i) identify and assess climate change
4 health effects preparedness and response
5 strategies;
6 (ii) prioritize critical public health in7
frastructure projects related to potential
8 climate change impacts that affect public
9 health; and
10 (iii) coordinate preparedness for cli11
mate change health impacts, including the
12 development of modeling and forecasting
13 tools;
14 (J) providing technical assistance for the
15 development, implementation, and support of
16 preparedness and response plans to anticipate
17 and reduce the health threats of climate change
18 in developing nations; and
19 (K) carrying out other activities deter20
mined appropriate by the Secretary to plan for
21 and respond to the impacts of climate change
22 on public health.
23 (c) REVISION.—The Secretary shall revise the na24
tional strategic action plan not later than July 1, 2014,
25 and every 4 years thereafter, to reflect new information
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01125 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1126
H.L.C.
1 collected pursuant to implementation of the national stra2
tegic action plan and otherwise, including information
3 on—
4 (1) the status of critical environmental health
5 parameters and related human health impacts;
6 (2) the impacts of climate change on public
7 health; and
8 (3) advances in the development of strategies
9 for preparing for and responding to the impacts of
10 climate change on public health.
11 (d) IMPLEMENTATION.—
12 (1) IMPLEMENTATION THROUGH HHS.—The
13 Secretary shall exercise the Secretary’s authority
14 under this subpart and other provisions of Federal
15 law to achieve the goals and measures of the na16
tional strategic action plan.
17 (2) OTHER PUBLIC HEALTH PROGRAMS AND
18 INITIATIVES.—The Secretary and Federal officials of
19 other relevant Federal agencies shall administer
20 public health programs and initiatives authorized by
21 provisions of law other than this subpart, subject to
22 the requirements of such statutes, in a manner de23
signed to achieve the goals of the national strategic
24 action plan.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01126 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1127
H.L.C.
1 (3) CDC.—In furtherance of the national stra2
tegic action plan, the Secretary, acting through the
3 Director of the Centers for Disease Control and Pre4
vention and the head of any other appropriate Fed5
eral agency, shall—
6 (A) conduct scientific research to assist
7 health professionals in preparing for and re8
sponding to the impacts of climate change on
9 public health; and
10 (B) provide funding for—
11 (i) research on the health effects of
12 climate change; and
13 (ii) preparedness planning on the
14 international, national, State, tribal, re15
gional, and local levels to respond to or re16
duce the burden of health effects of climate
17 change; and
18 (C) carry out other activities determined
19 appropriate by the Director or the head of such
20 agency to prepare for and respond to the im21
pacts of climate change on public health.
22 SEC. 464. ADVISORY BOARD.
23 (a) ESTABLISHMENT.—The Secretary shall establish
24 a permanent science advisory board comprised of not less
25 than 10 and not more than 20 members.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01127 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1128
H.L.C.
1 (b) APPOINTMENT OF MEMBERS.—The Secretary
2 shall appoint the members of the science advisory board
3 from among individuals—
4 (1) who have expertise in public health and
5 human services, climate change, and other relevant
6 disciplines; and
7 (2) at least 1⁄2 of whom are recommended by
8 the President of the National Academy of Sciences.
9 (c) FUNCTIONS.—The science advisory board shall—
10 (1) provide scientific and technical advice and
11 recommendations to the Secretary on the domestic
12 and international impacts of climate change on pub13
lic health, populations and regions particularly vul14
nerable to the effects of climate change, and strate15
gies and mechanisms to prepare for and respond to
16 the impacts of climate change on public health; and
17 (2) advise the Secretary regarding the best
18 science available for purposes of issuing the national
19 strategic action plan.
20 SEC. 465. REPORTS.
21 (a) NEEDS ASSESSMENT.—
22 (1) IN GENERAL.—The Secretary shall seek to
23 enter into, by not later than 6 months after the date
24 of the enactment of this Act, an agreement with the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01128 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1129
H.L.C.
1 National Research Council and the Institute of Med2
icine to complete a report that—
3 (A) assesses the needs for health profes4
sionals to prepare for and respond to climate
5 change impacts on public health; and
6 (B) recommends programs to meet those
7 needs.
8 (2) SUBMISSION.—The agreement under para9
graph (1) shall require the completed report to be
10 submitted to the Congress and the Secretary and
11 made publicly available not later than 1 year after
12 the date of the agreement.
13 (b) CLIMATE CHANGE HEALTH PROTECTION AND
14 PROMOTION REPORTS.—
15 (1) IN GENERAL.—The Secretary, in consulta16
tion with the advisory board established under sec17
tion 464, shall ensure the issuance of reports to aid
18 health professionals in preparing for and responding
19 to the adverse health effects of climate change
20 that—
21 (A) review scientific developments on
22 health impacts of climate change; and
23 (B) recommend changes to the national
24 strategic action plan.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01129 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1130
H.L.C.
1 (2) SUBMISSION.—The Secretary shall submit
2 the reports required by paragraph (1) to the Con3
gress and make such reports publicly available not
4 later than July 1, 2013, and every 4 years there5
after.
6 SEC. 466. DEFINITIONS.
7 In this subpart:
8 (1) HEALTH IMPACT ASSESSMENT.—The term
9 ‘‘health impact assessment’’ means a combination of
10 procedures, methods, and tools by which a policy,
11 program, or project may be judged as to its potential
12 effects on the health of a population, and the dis13
tribution of those effects within the population.
14 (2) NATIONAL STRATEGIC ACTION PLAN.—The
15 term ‘‘national strategic action plan’’ means the
16 plan issued and revised under section 463.
17 (3) SECRETARY.—Unless otherwise specified,
18 the term ‘‘Secretary’’ means the Secretary of Health
19 and Human Services.
20 SEC. 467. CLIMATE CHANGE HEALTH PROTECTION AND
21 PROMOTION FUND.
22 (a) ESTABLISHMENT OF FUND.—There is hereby es23
tablished in the Treasury a separate account that shall
24 be known as the Climate Change Health Protection and
25 Promotion Fund.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01130 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1131
H.L.C.
1 (b) AVAILABILITY OF AMOUNTS.—All amounts de2
posited into the Climate Change Health Protection and
3 Promotion Fund shall be available to the Secretary to
4 carry out this subpart subject to further appropriation.
5 (c) DISTRIBUTION OF FUNDS BY HHS.—In carrying
6 out this subpart, the Secretary may make funds deposited
7 in the Climate Change Health Protection and Promotion
8 Fund available to—
9 (1) other departments, agencies, and offices of
10 the Federal Government;
11 (2) foreign, State, tribal, and local govern12
ments; and
13 (3) such other entities as the Secretary deter14
mines appropriate.
15 (d) SUPPLEMENT, NOT REPLACE.—It is the intent
16 of Congress that funds made available to carry out this
17 subpart should be used to supplement, and not replace,
18 existing sources of funding for public health.
19 Subpart C—Natural Resource Adaptation
20 SEC. 471. PURPOSES.
21 The purposes of this subpart are to—
22 (1) establish an integrated Federal program to
23 protect, restore, and conserve the Nation’s natural
24 resources in response to the threats of climate
25 change and ocean acidification; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01131 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1132
H.L.C.
1 (2) provide financial support and incentives for
2 programs, strategies, and activities that protect, re3
store, and conserve the Nation’s natural resources in
4 response to the threats of climate change and ocean
5 acidification.
6 SEC. 472. NATURAL RESOURCES CLIMATE CHANGE ADAP7
TATION POLICY.
8 It is the policy of the Federal Government, in co9
operation with State and local governments, Indian tribes,
10 and other interested stakeholders to use all practicable
11 means and measures to protect, restore, and conserve nat12
ural resources to enable them to become more resilient,
13 adapt to, and withstand the impacts of climate change and
14 ocean acidification.
15 SEC. 473. DEFINITIONS.
16 In this subpart:
17 (1) COASTAL STATE.—The term ‘‘coastal
18 State’’ has the meaning given the term in section
19 304 of the Coastal Zone Management Act of 1972
20 (16 U.S.C. 1453).
21 (2) CORRIDORS.—The term ‘‘corridors’’ means
22 areas that provide connectivity, over different time
23 scales (including seasonal or longer), of habitat or
24 potential habitat and that facilitate the ability of ter25
restrial, marine, estuarine, and freshwater fish, wild-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01132 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1133
H.L.C.
1 life, or plants to move within a landscape as needed
2 for migration, gene flow, or dispersal, or in response
3 to the impacts of climate change and ocean acidifica4
tion or other impacts.
5 (3) ECOLOGICAL PROCESSES.—The term ‘‘eco6
logical processes’’ means biological, chemical, or
7 physical interaction between the biotic and abiotic
8 components of an ecosystem and includes—
9 (A) nutrient cycling;
10 (B) pollination;
11 (C) predator-prey relationships;
12 (D) soil formation;
13 (E) gene flow;
14 (F) disease epizootiology;
15 (G) larval dispersal and settlement;
16 (H) hydrological cycling;
17 (I) decomposition; and
18 (J) disturbance regimes such as fire and
19 flooding.
20 (4) HABITAT.—The term ‘‘habitat’’ means the
21 physical, chemical, and biological properties that are
22 used by fish, wildlife, or plants for growth, reproduc23
tion, survival, food, water, and cover, on a tract of
24 land, in a body of water, or in an area or region.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01133 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1134
H.L.C.
1 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’
2 has the meaning given the term in section 4 of the
3 Indian Self-Determination and Education Assistance
4 Act (25 U.S.C. 450b).
5 (6) NATURAL RESOURCES.—The term ‘‘natural
6 resources’’ means the terrestrial, freshwater, estua7
rine, and marine fish, wildlife, plants, land, water,
8 habitats, and ecosystems of the United States.
9 (7) NATURAL RESOURCES ADAPTATION.—The
10 term ‘‘natural resources adaptation’’ means the pro11
tection, restoration, and conservation of natural re12
sources to enable them to become more resilient,
13 adapt to, and withstand the impacts of climate
14 change and ocean acidification.
15 (8) RESILIENCE.—Each of the terms ‘‘resil16
ience’’ and ‘‘resilient’’ means the ability to resist or
17 recover from disturbance and preserve diversity, pro18
ductivity, and sustainability.
19 (9) STATE.—The term ‘‘State’’ means—
20 (A) a State of the United States;
21 (B) the District of Columbia; and
22 (C) the Commonwealth of Puerto Rico,
23 Guam, the United States Virgin Islands, the
24 Northern Mariana Islands, and American
25 Samoa.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01134 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1135
H.L.C.
1 SEC. 474. COUNCIL ON ENVIRONMENTAL QUALITY.
2 The Chair of the Council on Environmental Quality
3 shall—
4 (1) advise the President on implementation and
5 development of—
6 (A) a Natural Resources Climate Change
7 Adaptation Strategy required under section
8 476; and
9 (B) Federal natural resource agency adap10
tation plans required under section 478;
11 (2) serve as the Chair of the Natural Resources
12 Climate Change Adaptation Panel established under
13 section 475; and
14 (3) coordinate Federal agency strategies, plans,
15 programs, and activities related to protecting, restor16
ing, and maintaining natural resources to become
17 more resilient, adapt to, and withstand the impacts
18 of climate change and ocean acidification.
19 SEC. 475. NATURAL RESOURCES CLIMATE CHANGE ADAP20
TATION PANEL.
21 (a) ESTABLISHMENT.—Not later than 90 days after
22 the date of the enactment of this subpart, the President
23 shall establish a Natural Resources Climate Change Adap24
tation Panel, consisting of—
25 (1) the head, or their designee, of each of—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01135 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1136
H.L.C.
1 (A) the National Oceanic and Atmospheric
2 Administration;
3 (B) the Forest Service;
4 (C) the National Park Service;
5 (D) the United States Fish and Wildlife
6 Service;
7 (E) the Bureau of Land Management;
8 (F) the United States Geological Survey;
9 (G) the Bureau of Reclamation;
10 (H) the Bureau of Indian Affairs;
11 (I) the Environmental Protection Agency;
12 and
13 (J) the Army Corps of Engineers;
14 (2) the Chair of the Council on Environmental
15 Quality; and
16 (3) the heads of such other Federal agencies or
17 departments with jurisdiction over natural resources
18 of the United States, as determined by the Presi19
dent.
20 (b) FUNCTIONS.—The Panel shall serve as a forum
21 for interagency consultation on and the coordination of the
22 development and implementation of a national Natural
23 Resources Climate Change Adaptation Strategy required
24 under section 476.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01136 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1137
H.L.C.
1 (c) CHAIR.—The Chair of the Council on Environ2
mental Quality shall serve as the Chair of the Panel.
3 SEC. 476. NATURAL RESOURCES CLIMATE CHANGE ADAP4
TATION STRATEGY.
5 (a) IN GENERAL.—Not later than one year after the
6 date of the enactment of this subpart, the President,
7 through the Natural Resources Climate Change Adapta8
tion Panel established under section 475, shall develop a
9 Natural Resources Climate Change Adaptation Strategy
10 to protect, restore, and conserve natural resources to en11
able them to become more resilient, adapt to, and with12
stand the impacts of climate change and ocean acidifica13
tion and to identify opportunities to mitigate those im14
pacts.
15 (b) DEVELOPMENT AND REVISION.—In developing
16 and revising the Strategy, the Panel shall—
17 (1) base the strategy on the best available
18 science;
19 (2) develop the strategy in close cooperation
20 with States and Indian tribes;
21 (3) coordinate with other Federal agencies as
22 appropriate;
23 (4) consult with local governments, conservation
24 organizations, scientists, and other interested stake25
holders;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01137 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1138
H.L.C.
1 (5) provide public notice and opportunity for
2 comment; and
3 (6) review and revise the Strategy every 5 years
4 to incorporate new information regarding the im5
pacts of climate change and ocean acidification on
6 natural resources and advances in the development
7 of strategies for becoming more resilient and adapt8
ing to those impacts.
9 (c) CONTENTS.—The National Resources Adaptation
10 Strategy shall include—
11 (1) an assessment of the vulnerability of nat12
ural resources to climate change and ocean acidifica13
tion, including the short-term, medium-term, long14
term, cumulative, and synergistic impacts;
15 (2) a description of current research, observa16
tion, and monitoring activities at the Federal, State,
17 tribal, and local level related to the impacts of cli18
mate change and ocean acidification on natural re19
sources, as well as identification of research and
20 data needs and priorities;
21 (3) identification of natural resources that are
22 likely to have the greatest need for protection, res23
toration, and conservation because of the adverse ef24
fects of climate change and ocean acidification;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01138 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1139
H.L.C.
1 (4) specific protocols for integrating climate
2 change and ocean acidification adaptation strategies
3 and activities into the conservation and management
4 of natural resources by Federal departments and
5 agencies to ensure consistency across agency juris6
dictions and resources;
7 (5) specific actions that Federal departments
8 and agencies shall take to protect, conserve, and re9
store natural resources to become more resilient,
10 adapt to, and withstand the impacts of climate
11 change and ocean acidification, including a timeline
12 to implement those actions;
13 (6) specific mechanisms for ensuring commu14
nication and coordination among Federal depart15
ments and agencies, and between Federal depart16
ments and agencies and State natural resource agen17
cies, United States territories, Indian tribes, private
18 landowners, conservation organizations, and other
19 nations that share jurisdiction over natural resources
20 with the United States;
21 (7) specific actions to develop and implement
22 consistent natural resources inventory and moni23
toring protocols through interagency coordination
24 and collaboration; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01139 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1140
H.L.C.
1 (8) a process for guiding the development of de2
tailed agency- and department-specific adaptation
3 plans required under section 478 to address the im4
pacts of climate change and ocean acidification on
5 the natural resources in the jurisdiction of each
6 agency.
7 (d) IMPLEMENTATION.—Consistent with its authori8
ties under other laws and with Federal trust responsibil9
ities with respect to Indian lands, each Federal depart10
ment or agency with representation on the National Re11
sources Climate Change Adaptation Panel shall consider
12 the impacts of climate change and ocean acidification and
13 integrate the elements of the strategy into agency plans,
14 environmental reviews, programs, and activities related to
15 the conservation, restoration, and management of natural
16 resources.
17 SEC. 477. NATURAL RESOURCES ADAPTATION SCIENCE
18 AND INFORMATION.
19 (a) COORDINATION.—Not later than 90 days after
20 the date of the enactment of this subpart, the Secretary
21 of Commerce, acting through the Administrator of the Na22
tional Oceanic and Atmospheric Administration, and the
23 Secretary of the Interior, acting through the Director of
24 the United States Geological Survey, shall establish a co25
ordinated process for developing and providing science and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01140 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1141
H.L.C.
1 information needed to assess and address the impacts of
2 climate change and ocean acidification on natural re3
sources. The process shall be led by the National Climate
4 Change and Wildlife Science Center established within the
5 United States Geological Survey under subsection (d) and
6 the National Climate Service of the National Oceanic and
7 Atmospheric Administration.
8 (b) FUNCTIONS.—The Secretaries shall ensure that
9 such process avoids duplication and that the National Oce10
anic and Atmospheric Administration and the United
11 States Geological Survey shall—
12 (1) provide technical assistance to Federal de13
partments and agencies, State and local govern14
ments, Indian tribes, and interested private land15
owners in their efforts to assess and address the im16
pacts of climate change and ocean acidification on
17 natural resources;
18 (2) conduct and sponsor research and provide
19 Federal departments and agencies, State and local
20 governments, Indian tribes, and interested private
21 landowners with research products, decision and
22 monitoring tools and information, to develop strate23
gies for assisting natural resources to become more
24 resilient, adapt to, and withstand the impacts of cli25
mate change and ocean acidification; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01141 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1142
H.L.C.
1 (3) assist Federal departments and agencies in
2 the development of the adaptation plans required
3 under section 478.
4 (c) SURVEY.—Not later than one year after the date
5 of enactment of this subpart and every 5 years thereafter,
6 the Secretary of Commerce and the Secretary of the Inte7
rior shall undertake a climate change and ocean acidifica8
tion impact survey that—
9 (1) identifies natural resources considered likely
10 to be adversely affected by climate change and ocean
11 acidification;
12 (2) includes baseline monitoring and ongoing
13 trend analysis;
14 (3) uses a stakeholder process to identify and
15 prioritize needed monitoring and research that is of
16 greatest relevance to the ongoing needs of natural
17 resource managers to address the impacts of climate
18 change and ocean acidification; and
19 (4) identifies decision tools necessary to develop
20 strategies for assisting natural resources to become
21 more resilient and adapt to and withstand the im22
pacts of climate change and ocean acidification.
23 (d) NATIONAL CLIMATE CHANGE AND WILDLIFE
24 SCIENCE CENTER.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01142 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1143
H.L.C.
1 (1) ESTABLISHMENT.—The Secretary of the In2
terior shall establish the National Climate Change
3 and Wildlife Science Center within the United States
4 Geological Survey.
5 (2) FUNCTIONS.—The Center shall, in collabo6
ration with Federal and State natural resources
7 agencies and departments, Indian tribes, univer8
sities, and other partner organizations—
9 (A) assess and synthesize current physical
10 and biological knowledge and prioritize sci11
entific gaps in such knowledge in order to fore12
cast the ecological impacts of climate change on
13 fish and wildlife at the ecosystem, habitat, com14
munity, population, and species levels;
15 (B) develop and improve tools to identify,
16 evaluate, and, where appropriate, link scientific
17 approaches and models for forecasting the im18
pacts of climate change and adaptation on fish,
19 wildlife, plants, and their habitats, including
20 monitoring, predictive models, vulnerability
21 analyses, risk assessments, and decision support
22 systems to help managers make informed deci23
sions;
24 (C) develop and evaluate tools to adapt25
ively manage and monitor the effects of climate
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01143 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1144
H.L.C.
1 change on fish and wildlife at national, regional,
2 and local scales; and
3 (D) develop capacities for sharing stand4
ardized data and the synthesis of such data.
5 (e) SCIENCE ADVISORY BOARD.—
6 (1) ESTABLISHMENT.—Not later than 180 days
7 after the date of enactment of this subpart, the Sec8
retary of Commerce and the Secretary of the Inte9
rior shall establish and appoint the members of a
10 Science Advisory Board, to be comprised of not
11 fewer than 10 and not more than 20 members—
12 (A) who have expertise in fish, wildlife,
13 plant, aquatic, and coastal and marine biology,
14 ecology, climate change, ocean acidification, and
15 other relevant scientific disciplines;
16 (B) who represent a balanced membership
17 among Federal, State, Indian tribes, and local
18 representatives, universities, and conservation
19 organizations; and
20 (C) at least 1⁄2 of whom are recommended
21 by the President of the National Academy of
22 Sciences.
23 (2) DUTIES.—The Science Advisory Board
24 shall—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01144 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1145
H.L.C.
1 (A) advise the Secretaries on the state-of2
the-science regarding the impacts of climate
3 change and ocean acidification on natural re4
sources and scientific strategies and mecha5
nisms for protecting, restoring, and conserving
6 natural resources to enable them to become
7 more resilient, adapt to, and withstand the im8
pacts of climate change and ocean acidification;
9 and
10 (B) identify and recommend priorities for
11 ongoing research needs on such issues.
12 (3) COLLABORATION.—The Science Advisory
13 Board shall collaborate with other climate change
14 and ecosystem research entities in other Federal
15 agencies and departments.
16 (4) AVAILABILITY TO THE PUBLIC.—The advice
17 and recommendations of the Science Advisory Board
18 shall be made available to the public.
19 SEC. 478. FEDERAL NATURAL RESOURCE AGENCY ADAPTA20
TION PLANS.
21 (a) DEVELOPMENT.—Not later than 1 year after the
22 date of the development of a Natural Resources Climate
23 Change Adaptation Strategy under section 476, each de24
partment or agency that has a representative on the Nat-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01145 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1146
H.L.C.
1 ural Resources Climate Change Adaptation Panel estab2
lished under section 475 shall—
3 (1) complete an adaptation plan for that de4
partment or agency, respectively, implementing the
5 Natural Resources Climate Change Adaptation
6 Strategy under section 476 and consistent with the
7 Natural Resources Climate Change Adaptation Pol8
icy under section 472, detailing the department’s or
9 agency’s current and projected efforts to address the
10 potential impacts of climate change and ocean acidi11
fication on natural resources within the depart12
ment’s or agency’s jurisdiction and necessary addi13
tional actions, including a timeline for implementa14
tion of those actions;
15 (2) provide opportunities for review and com16
ment on that adaptation plan by the public, includ17
ing in the case of a plan by the Bureau of Indian
18 Affairs, review by Indian tribes; and
19 (3) submit such plan to the President for ap20
proval.

And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle E: Adapting to Climate Change (Part 6 of 7)
===================================================

21 (b) REVIEW BY PRESIDENT AND SUBMISSION TO
22 CONGRESS.—
23 (1) REVIEW BY PRESIDENT.—The President
24 shall—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01146 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1147
H.L.C.
1 (A) approve an adaptation plan submitted
2 under subsection (a)(3) if the plan meets the
3 requirements of subsection (c) and is consistent
4 with the strategy developed under section 476;
5 (B) decide whether to approve the plan
6 within 60 days after submission; and
7 (C) if the President disapproves a plan, di8
rect the department or agency to submit a re9
vised plan to the President under subsection
10 (a)(3) within 60 days after such disapproval.
11 (2) SUBMISSION TO CONGRESS.—Not later than
12 30 days after the date of approval of such adapta13
tion plan by the President, the department or agen14
cy shall submit the approved plan to the Committee
15 on Natural Resources of the House of Representa16
tives, the Committee on Energy and Natural Re17
sources of the Senate, and the committees of the
18 House of Representatives and the Senate with prin19
cipal jurisdiction over the department or agency.
20 (c) REQUIREMENTS.—Each adaptation plan shall—
21 (1) establish programs for assessing the current
22 and future impacts of climate change and ocean
23 acidification on natural resources within the depart24
ment’s or agency’s, respectively, jurisdiction, includ25
ing cumulative and synergistic effects, and for iden-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01147 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1148
H.L.C.
1 tifying and monitoring those natural resources that
2 are likely to be adversely affected and that have
3 need for conservation;
4 (2) identify and prioritize the department’s or
5 agency’s strategies and specific conservation actions
6 to address the current and future impacts of climate
7 change and ocean acidification on natural resources
8 within the scope of the department’s or agency’s ju9
risdiction and to develop and implement strategies to
10 protect, restore, and conserve such resources to be11
come more resilient, adapt to, and better withstand
12 those impacts, including—
13 (A) the protection, restoration, and con14
servation of terrestrial, marine, estuarine, and
15 freshwater habitats and ecosystems;
16 (B) the establishment of terrestrial, ma17
rine, estuarine, and freshwater habitat linkages
18 and corridors;
19 (C) the restoration and conservation of ec20
ological processes;
21 (D) the protection of a broad diversity of
22 native species of fish, wildlife, and plant popu23
lations across their range; and
24 (E) the protection of fish, wildlife, and
25 plant health, recognizing that climate can alter
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01148 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1149
H.L.C.
1 the distribution and ecology of parasites, patho2
gens, and vectors;
3 (3) describe how the department or agency will
4 integrate such strategies and conservation activities
5 into plans, programs, activities, and actions of the
6 department or agency, related to the conservation
7 and management of natural resources and establish
8 new plans, programs, activities, and actions as nec9
essary;
10 (4) establish methods for assessing the effec11
tiveness of strategies and conservation actions taken
12 to protect, restore, and conserve natural resources to
13 enable them to become more resilient, adapt to, and
14 withstand the impacts of climate change and ocean
15 acidification, and for updating those strategies and
16 actions to respond to new information and changing
17 conditions;
18 (5) include a description of current and pro19
posed mechanisms to enhance cooperation and co20
ordination of natural resources adaptation efforts
21 with other Federal agencies, State and local govern22
ments, Indian tribes, and nongovernmental stake23
holders;
24 (6) include specific written guidance to resource
25 managers to—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01149 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1150
H.L.C.
1 (A) explain how managers are expected to
2 address the effects of climate change and ocean
3 acidification;
4 (B) identify how managers are to obtain
5 any site-specific information that may be nec6
essary; and
7 (C) reflect best practices shared among rel8
evant agencies, while also recognizing the
9 unique missions, objectives, and responsibilities
10 of each agency; and
11 (7) identify and assess data and information
12 gaps necessary to develop natural resources adapta13
tion plans and strategies.
14 (d) IMPLEMENTATION.—
15 (1) IN GENERAL.—Upon approval by the Presi16
dent, each department or agency that serves on the
17 Natural Resources Climate Change Adaptation
18 Panel shall implement its adaptation plan through
19 existing and new plans, policies, programs, activities,
20 and actions to the extent not inconsistent with exist21
ing authority.
22 (2) CONSIDERATION OF IMPACTS.—
23 (A) IN GENERAL.—To the maximum ex24
tent practicable and consistent with applicable
25 law, every natural resource management deci-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01150 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1151
H.L.C.
1 sion made by the department or agency shall
2 consider the impacts of climate change and
3 ocean acidification on those natural resources.
4 (B) GUIDANCE.—The Council on Environ5
mental Quality shall issue guidance for Federal
6 departments and agencies for considering those
7 impacts.
8 (e) REVISION AND REVIEW.—Not less than every 5
9 years, each adaptation plan under this section shall be re10
viewed and revised to incorporate the best available science
11 and other information regarding the impacts of climate
12 change and ocean acidification on natural resources.
13 SEC. 479. STATE NATURAL RESOURCES ADAPTATION
14 PLANS.
15 (a) REQUIREMENT.—In order to be eligible for funds
16 under section 480, not later than 1 year after the develop17
ment of a Natural Resources Climate Change Adaptation
18 Strategy required under section 476 each State shall pre19
pare a State natural resources adaptation plan detailing
20 the State’s current and projected efforts to address the
21 potential impacts of climate change and ocean acidifica22
tion on natural resources and coastal areas within the
23 State’s jurisdiction.
24 (b) REVIEW OR APPROVAL.—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01151 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1152
H.L.C.
1 (1) IN GENERAL.—Each State adaptation plan
2 shall be reviewed and approved or disapproved by
3 the Secretary of the Interior and, as applicable, the
4 Secretary of Commerce. Such approval shall be
5 granted if the plan meets the requirements of sub6
section (c) and is consistent with the Natural Re7
sources Climate Change Adaptation Strategy re8
quired under section 476.
9 (2) APPROVAL OR DISAPPROVAL.—Within 180
10 days after transmittal of such a plan, or a revision
11 to such a plan, the Secretary of the Interior and, as
12 applicable, the Secretary of Commerce shall approve
13 or disapprove the plan by written notice.
14 (3) RESUBMITTAL.—Within 90 days after
15 transmittal of a resubmitted adaptation plan as a re16
sult of disapproval under paragraph (3), the Sec17
retary of the Interior and, as applicable, the Sec18
retary of Commerce, shall approve or disapprove the
19 plan by written notice.
20 (c) CONTENTS.—A State natural resources adapta21
tion plan shall—
22 (1) include a strategy for addressing the im23
pacts of climate change and ocean acidification on
24 terrestrial, marine, estuarine, and freshwater fish,
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01152 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1153
H.L.C.
1 wildlife, plants, habitats, ecosystems, wildlife health,
2 and ecological processes, that—
3 (A) describes the impacts of climate
4 change and ocean acidification on the diversity
5 and health of the fish, wildlife and plant popu6
lations, habitats, ecosystems, and associated ec7
ological processes;
8 (B) establishes programs for monitoring
9 the impacts of climate change and ocean acidifi10
cation on fish, wildlife, and plant populations,
11 habitats, ecosystems, and associated ecological
12 processes;
13 (C) describes and prioritizes proposed con14
servation actions to assist fish, wildlife, plant
15 populations, habitats, ecosystems, and associ16
ated ecological processes in becoming more re17
silient, adapting to, and better withstanding
18 those impacts;
19 (D) includes strategies, specific conserva20
tion actions, and a time frame for implementing
21 conservation actions for fish, wildlife, and plant
22 populations, habitats, ecosystems, and associ23
ated ecological processes;
24 (E) establishes methods for assessing the
25 effectiveness of strategies and conservation ac-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01153 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1154
H.L.C.
1 tions taken to assist fish, wildlife, and plant
2 populations, habitats, ecosystems, and associ3
ated ecological processes in becoming more re4
silient, adapt to, and better withstand the im5
pacts of climate changes and ocean acidification
6 and for updating those strategies and actions to
7 respond appropriately to new information or
8 changing conditions;
9 (F) is incorporated into a revision of the
10 State wildlife action plan (also known as the
11 State comprehensive wildlife strategy)—
12 (i) that has been submitted to the
13 United States Fish and Wildlife Service;
14 and
15 (ii) that has been approved by the
16 Service or on which a decision on approval
17 is pending; and
18 (G) is developed—
19 (i) with the participation of the State
20 fish and wildlife agency, the State coastal
21 agency, the State agency responsible for
22 administration of Land and Water Con23
servation Fund grants, the State Forest
24 Legacy program coordinator, and other
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01154 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1155
H.L.C.
1 State agencies considered appropriate by
2 the Governor of such State; and
3 (ii) in coordination with the Secretary
4 of the Interior, and where applicable, the
5 Secretary of Commerce and other States
6 that share jurisdiction over natural re7
sources with the State; and
8 (2) include, in the case of a coastal State, a
9 strategy for addressing the impacts of climate
10 change and ocean acidification on the coastal zone
11 that—
12 (A) identifies natural resources that are
13 likely to be impacted by climate change and
14 ocean acidification and describes those impacts;
15 (B) identifies and prioritizes continuing re16
search and data collection needed to address
17 those impacts including—
18 (i) acquisition of high resolution
19 coastal elevation and nearshore bathymetry
20 data;
21 (ii) historic shoreline position maps,
22 erosion rates, and inventories of shoreline
23 features and structures;
24 (iii) measures and models of relative
25 rates of sea level rise or lake level changes,
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01155 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1156
H.L.C.
1 including effects on flooding, storm surge,
2 inundation, and coastal geological proc3
esses;
4 (iv) habitat loss, including projected
5 losses of coastal wetlands and potentials
6 for inland migration of natural shoreline
7 habitats;
8 (v) ocean and coastal species and eco9
system migrations, and changes in species
10 population dynamics;
11 (vi) changes in storm frequency, in12
tensity, or rainfall patterns;
13 (vii) saltwater intrusion into coastal
14 rivers and aquifers;
15 (viii) changes in chemical or physical
16 characteristics of marine and estuarine
17 systems;
18 (ix) increased harmful algal blooms;
19 and
20 (x) spread of invasive species;
21 (C) identifies and prioritizes adaptation
22 strategies to protect, restore, and conserve nat23
ural resources to enable them to become more
24 resilient, adapt to, and withstand the impacts of
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01156 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1157
H.L.C.
1 climate change and ocean acidification, includ2
ing—
3 (i) protection, maintenance, and res4
toration of ecologically important coastal
5 lands, coastal and ocean ecosystems, and
6 species biodiversity and the establishment
7 of habitat buffer zones, migration cor8
ridors, and climate refugia; and
9 (ii) improved planning, siting policies,
10 and hazard mitigation strategies;
11 (D) establishes programs for the long-term
12 monitoring of the impacts of climate change
13 and ocean acidification on the ocean and coastal
14 zone and to assess and adjust, when necessary,
15 such adaptive management strategies;
16 (E) establishes performance measures for
17 assessing the effectiveness of adaptation strate18
gies intended to improve resilience and the abil19
ity of natural resources in the coastal zone to
20 adapt to and withstand the impacts of climate
21 change and ocean acidification and of adapta22
tion strategies intended to minimize those im23
pacts on the coastal zone and to update those
24 strategies to respond to new information or
25 changing conditions; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01157 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1158
H.L.C.
1 (F) is developed with the participation of
2 the State coastal agency and other appropriate
3 State agencies and in coordination with the
4 Secretary of Commerce and other appropriate
5 Federal agencies.
6 (d) PUBLIC INPUT.—States shall provide for solicita7
tion and consideration of public and independent scientific
8 input in the development of their plans.
9 (e) COORDINATION WITH OTHER PLANS.—The State
10 plan shall take into consideration research and informa11
tion contained in, and coordinate with and integrate the
12 goals and measures identified in, as appropriate, other
13 natural resources conservation strategies, including—
14 (1) the national fish habitat action plan;
15 (2) plans under the North American Wetlands
16 Conservation Act (16 U.S.C. 4401 et seq.);
17 (3) the Federal, State, and local partnership
18 known as ‘‘Partners in Flight’’;
19 (4) federally approved coastal zone management
20 plans under the Coastal Zone Management Act of
21 1972 (16 U.S.C. 1451 et seq.);
22 (5) federally approved regional fishery manage23
ment plants and habitat conservation activities
24 under the Magnuson-Stevens Fishery Conservation
25 and Management Act (16 U.S.C. 1801 et seq.);
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01158 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1159
H.L.C.
1 (6) the national coral reef action plan;
2 (7) recovery plans for threatened species and
3 endangered species under section 4(f) of the Endan4
gered Species Act of 1973 (16 U.S.C. 1533(f));
5 (8) habitat conservation plans under section 10
6 of that Act (16 U.S.C. 1539);
7 (9) other Federal, State, and tribal plans for
8 imperiled species;
9 (10) State or tribal hazard mitigation plans;
10 (11) State or tribal water management plans;
11 and
12 (12) other State-based strategies that com13
prehensively implement adaptation activities to re14
mediate the effects of climate change and ocean
15 acidification on terrestrial, marine, and freshwater
16 fish, wildlife, plants, and other natural resources.
17 (f) UPDATING.—Each State plan shall be updated
18 not less than every 5 years.
19 (g) FUNDING.—
20 (1) IN GENERAL.—Funds allocated to States
21 under section 480 shall be used only for activities
22 that are consistent with a State natural resources
23 adaptation plan that has been approved by the Sec24
retaries of Interior and Commerce.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01159 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1160
H.L.C.
1 (2) FUNDING PRIOR TO THE APPROVAL OF A
2 STATE PLAN.—Until the earlier of the date that is
3 3 years after the date of the enactment of this sub4
part or the date on which a State receives approval
5 for the State strategy, a State shall be eligible to re6
ceive funding under section 480 for adaptation ac7
tivities that are—
8 (A) consistent with the comprehensive
9 wildlife strategy of the State and, where appro10
priate, other natural resources conservation
11 strategies; and
12 (B) in accordance with a workplan devel13
oped in coordination with—
14 (i) the Secretary of the Interior; and
15 (ii) the Secretary of Commerce, for
16 any coastal State subject to the condition
17 that coordination with the Secretary of
18 Commerce shall be required only for those
19 portions of the strategy relating to activi20
ties affecting the coastal zone.
21 (3) PENDING APPROVAL.—During the period
22 for which approval by the applicable Secretary of a
23 State plan is pending, the State may continue receiv24
ing funds under section 480 pursuant to the
25 workplan described in paragraph (2)(B).
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01160 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1161
H.L.C.
1 SEC. 480. NATURAL RESOURCES CLIMATE CHANGE ADAP2
TATION FUND.
3 (a) ALLOCATIONS TO STATES.—100 percent of the
4 emission allowances made available for each year to carry
5 out this subpart shall be provided to States to carry out
6 natural resources adaptation activities in accordance with
7 State natural resources adaptation plans approved under
8 section 479. Specifically—
9 (1) 84.4 percent shall be available to State
10 wildlife agencies in accordance with the apportion11
ment formula established under the second sub12
section (c) of section 4 of the Pittman-Robertson
13 Wildlife Restoration Act (16 U.S.C. 669c), as added
14 by section 902(e) of H.R. 5548 as introduced in the
15 106th Congress and enacted into law by section
16 1(a)(2) of Public Law 106–553 (114 Stat. 2762A–
17 119); and
18 (2) 15.6 percent shall be available to State
19 coastal agencies pursuant to the formula established
20 by the Secretary of Commerce under section 306(c)
21 of the Coastal Management Act of 1972 (16 U.S.C.
22 1455(c)).
23 (b) ESTABLISHMENT OF FUND.—
24 (1) ESTABLISHMENT.—There is hereby estab25
lished in the Treasury a separate account that shall
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01161 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1162
H.L.C.
1 be known as the Natural Resources Climate Change
2 Adaptation Fund.
3 (2) AUTHORIZATION OF APPROPRIATIONS.—
4 There are authorized to be appropriated for sub5
section (c) such sums as are deposited in the Nat6
ural Resources Climate Change Fund, and the
7 amounts appropriated for subsection (c) shall be no
8 less than the total estimated annual deposits in the
9 Natural Resources Climate Change Adaptation
10 Fund. Such appropriations shall be offset by the
11 amounts deposited in such fund pursuant to section
12 782(m) of the Clean Air Act.
13 (c) ALLOCATIONS TO FEDERAL AGENCIES.—
14 (1) DEPARTMENT OF THE INTERIOR.—Of the
15 amounts made available for each fiscal year to carry
16 out this subpart—
17 (A) 27.6 percent shall be allocated to the
18 Secretary of the Interior for use in funding—
19 (i) natural resources adaptation activi20
ties carried out—
21 (I) under endangered species, mi22
gratory species, and other fish and
23 wildlife programs administered by the
24 National Park Service, the United
25 States Fish and Wildlife Service, the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01162 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1163
H.L.C.
1 Bureau of Indian Affairs, and the Bu2
reau of Land Management;
3 (II) on wildlife refuges, National
4 Park Service land, and other public
5 land under the jurisdiction of the
6 United States Fish and Wildlife Serv7
ice, the Bureau of Land Management,
8 the Bureau of Indian Affairs, or the
9 National Park Service; or
10 (III) within Federal water man11
aged by the Bureau of Reclamation
12 and the National Park Service; and
13 (ii) for the implementation of the Na14
tional Fish and Wildlife Habitat and Cor15
ridors Identification Program pursuant to
16 section 481;
17 (B) 8.1 percent shall be allocated to the
18 Secretary of the Interior for natural resources
19 adaptation activities carried out under coopera20
tive grant programs, including—
21 (i) the cooperative endangered species
22 conservation fund authorized under section
23 6 of the Endangered Species Act of 1973
24 (16 U.S.C. 1535);
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01163 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1164
H.L.C.
1 (ii) programs under the North Amer2
ican Wetlands Conservation Act (16
3 U.S.C. 4401 et seq.);
4 (iii) the Neotropical Migratory Bird
5 Conservation Fund established by section
6 478(a) of the Neotropical Migratory Bird
7 Conservation Act (16 U.S.C. 6108(a));
8 (iv) the Coastal Program of the
9 United States Fish and Wildlife Service;
10 (v) the National Fish Habitat Action
11 Plan;
12 (vi) the Partners for Fish and Wildlife
13 Program;
14 (vii) the Landowner Incentive Pro15
gram;
16 (viii) the Wildlife Without Borders
17 Program of the United States Fish and
18 Wildlife Service; and
19 (ix) the Migratory Species Program
20 and Park Flight Migratory Bird Program
21 of the National Park Service; and
22 (C) 4.9 percent shall be allocated to the
23 Secretary of the Interior to provide financial as24
sistance to Indian tribes to carry out natural
25 resources adaptation activities through the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01164 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1165
H.L.C.
1 Tribal Wildlife Grants Program of the United
2 States Fish and Wildlife Service.
3 (2) LAND AND WATER CONSERVATION FUND.—
4 (A) DEPOSITS.—
5 (i) IN GENERAL.—Of the amounts
6 made available for each fiscal year to carry
7 out this subpart, 19.5 percent shall be de8
posited into the Land and Water Conserva9
tion Fund established under section 2 of
10 the Land and Water Conservation Fund
11 Act of 1965 (16 U.S.C. 460l–5).
12 (ii) USE OF DEPOSITS.— (I) Deposits
13 into the Land and Water Conservation
14 Fund under this paragraph shall be sup15
plemental to authorizations provided under
16 section 3 of the Land and Water Conserva17
tion Fund Act of 1965 (16 U.S.C. 460l–6),
18 which shall remain available for non19
adaptation needs.
20 (II) There are authorized to be appro21
priated for activities in this subpart such
22 sums as are deposited in the Land and
23 Water Conservation Fund pursuant to sec24
tion 480(c)(3)(A)(ii), and the amounts ap25
propriated for this paragraph shall be no
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01165 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1166
H.L.C.
1 less than the total estimated annual depos2
its in the Land and Water Conservation
3 Fund. Such appropriations shall be offset
4 by the amounts deposited in such Fund
5 pursuant to section 782(m).
6 (B) ALLOCATIONS.—Of the amounts de7
posited under this paragraph into the Land and
8 Water Conservation Fund—
9 (i) 1⁄6 shall be allocated to the Sec10
retary of the Interior and made available
11 on a competitive basis to carry out natural
12 resources adaptation activities through the
13 acquisition of land and interests in land
14 under section 6 of the Land and Water
15 Conservation Fund Act of 1965 (16 U.S.C.
16 460l–8)—
17 (I) to States in accordance with
18 their natural resources adaptation
19 plans, and to Indian tribes;
20 (II) notwithstanding section 5 of
21 that Act (16 U.S.C. 460l–7); and
22 (III) in addition to any funds
23 provided pursuant to annual appro24
priations Acts, the Energy Policy Act
25 of 2005 (42 U.S.C. 15801 et seq.), or
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01166 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1167
H.L.C.
1 any other authorization for non2
adaptation needs;
3 (ii) 1⁄3 shall be allocated to the Sec4
retary of the Interior to carry out natural
5 resources adaptation activities through the
6 acquisition of lands and interests in land
7 under section 7 of the Land and Water
8 Conservation Fund Act of 1965 (16 U.S.C.
9 460l–9);
10 (iii) 1⁄6 shall be allocated to the Sec11
retary of Agriculture and made available to
12 the States and Indian tribes to carry out
13 natural resources adaptation activities
14 through the acquisition of land and inter15
ests in land under section 7 of the Forest
16 Legacy Program under the Cooperative
17 Forestry Assistance Act of 1978 (16
18 U.S.C. 2103c); and
19 (iv) 1⁄3 shall be allocated to the Sec20
retary of Agriculture to carry out natural
21 resources adaptation activities through the
22 acquisition of land and interests in land
23 under section 7 of the Land and Water
24 Conservation Fund Act of 1965 (16 U.S.C.
25 460l–9).
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01167 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1168
H.L.C.
1 (C) EXPENDITURE OF FUNDS.—In allo2
cating funds under subparagraph (B), the Sec3
retary of the Interior and the Secretary of Agri4
culture shall take into consideration factors in5
cluding—
6 (i) the availability of non-Federal con7
tributions from State, local, or private
8 sources;
9 (ii) opportunities to protect fish and
10 wildlife corridors or otherwise to link or
11 consolidate fragmented habitats;
12 (iii) opportunities to reduce the risk of
13 catastrophic wildfires, drought, extreme
14 flooding, or other climate-related events
15 that are harmful to fish and wildlife and
16 people; and
17 (iv) the potential for conservation of
18 species or habitat types at serious risk due
19 to climate change, ocean acidification, and
20 other stressors.
21 (3) FOREST SERVICE.—Of the amounts made
22 available for each fiscal year to carry out this sub23
part, 8.1 percent shall be allocated to the Secretary
24 of Agriculture for use in funding natural resources
25 adaptation activities carried out on national forests
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01168 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1169
H.L.C.
1 and national grasslands under the jurisdiction of the
2 Forest Service.
3 (4) DEPARTMENT OF COMMERCE.—Of the
4 amounts made available for each fiscal year to carry
5 out this subpart, 11.5 percent shall be allocated to
6 the Secretary of Commerce for use in funding nat7
ural resources adaptation activities to protect, main8
tain, and restore coastal, estuarine, and marine re9
sources, habitats, and ecosystems, including such ac10
tivities carried out under—
11 (A) the coastal and estuarine land con12
servation program;
13 (B) the community-based restoration pro14
gram;
15 (C) the Coastal Zone Management Act of
16 1972 (16 U.S.C. 1451 et seq.), that are specifi17
cally designed to strengthen the ability of coast18
al, estuarine, and marine resources, habitats,
19 and ecosystems to adapt to and withstand the
20 impacts of climate change and ocean acidifica21
tion;
22 (D) the Open Rivers Initiative;
23 (E) the Magnuson-Stevens Fishery Con24
servation and Management Act (16 U.S.C.
25 1801 et seq.);
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01169 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1170
H.L.C.
1 (F) the Marine Mammal Protection Act of
2 1972 (16 U.S.C. 1361 et seq.);
3 (G) the Endangered Species Act of 1973
4 (16 U.S.C. 1531 et seq.);
5 (H) the Marine Protection, Research, and
6 Sanctuaries Act of 1972 (33 U.S.C. 1401 et
7 seq.);
8 (I) the Coral Reef Conservation Act of
9 2000 (16 U.S.C. 6401 et seq.); and
10 (J) the Estuary Restoration Act of 2000
11 (33 U.S.C. 2901 et seq.).
12 (5) ENVIRONMENTAL PROTECTION AGENCY.—
13 Of the amounts made available each fiscal year to
14 carry out this section, 12.2 percent shall be allocated
15 to the Administrator for use in natural resources ad16
aptation activities restoring and protecting—
17 (A) large-scale freshwater aquatic eco18
systems, such as the Everglades, the Great
19 Lakes, Flathead Lake, the Missouri River, the
20 Mississippi River, the Colorado River, the Sac21
ramento-San Joaquin Rivers, the Ohio River,
22 the Columbia-Snake River System, the Apa23
lachicola, Chattahoochee, and Flint River Sys24
tem, the Connecticut River, and the Yellowstone
25 River;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01170 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1171
H.L.C.
1 (B) large-scale estuarine ecosystems, such
2 as Chesapeake Bay, Long Island Sound, Puget
3 Sound, the Mississippi River Delta, the San
4 Francisco Bay Delta, Narragansett Bay, and
5 Albemarle-Pamlico Sound; and
6 (C) freshwater and estuarine ecosystems,
7 watersheds, and basins identified as priorities
8 by the Administrator, working in cooperation
9 with other Federal agencies, States, Indian
10 tribes, local governments, scientists, and other
11 conservation partners.
12 (6) CORPS OF ENGINEERS.—Of the amounts
13 made available each fiscal year to carry out this sec14
tion, 8.1 percent shall be available to the Secretary
15 of the Army for use by the Corps of Engineers to
16 carry out natural resources adaptation activities re17
storing—
18 (A) large-scale freshwater aquatic eco19
systems, such as the ecosystems described in
20 paragraph (5)(A);
21 (B) large-scale estuarine ecosystems, such
22 as the ecosystems described in paragraph
23 (5)(B);
24 (C) freshwater and estuarine ecosystems,
25 watersheds, and basins identified as priorities
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01171 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1172
H.L.C.
1 by the Corps of Engineers, working in coopera2
tion with other Federal agencies, States, Indian
3 tribes, local governments, scientists, and other
4 conservation partners; and
5 (D) habitats and ecosystems through the
6 implementation of estuary habitat restoration
7 projects authorized by the Estuary Restoration
8 Act of 2000 (33 U.S.C. 2901 et seq.), project
9 modifications for improvement of the environ10
ment, aquatic restoration and protection
11 projects authorized by section 206 of the Water
12 Resources Development Act of 1996 (33 U.S.C.
13 2330), and other appropriate programs and ac14
tivities.
15 (d) USE OF FUNDS BY FEDERAL DEPARTMENTS AND
16 AGENCIES.—Funds allocated to Federal departments and
17 agencies under this section shall only be used for natural
18 resources adaptation activities that are consistent with an
19 adaptation plan developed and approved by the President
20 under section 478.
21 (e) STATE COST SHARING.—Notwithstanding any
22 other provision of law, a State that receives a grant with
23 amounts allocated under this section shall use funds from
24 non-Federal sources to pay at least 10 percent of the costs
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01172 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1173
H.L.C.
1 of each activity carried out using amounts provided under
2 the grant.
3 SEC. 481. NATIONAL WILDLIFE HABITAT AND CORRIDORS
4 INFORMATION PROGRAM.
5 (a) ESTABLISHMENT.—Within 6 months of the date
6 of enactment of this subpart, the Secretary of the Interior,
7 in cooperation with the States and Indian tribes, shall es8
tablish a National Fish and Wildlife Habitat and Cor9
ridors Information Program in accordance with the re10
quirements of this section.
11 (b) PURPOSE.—The purpose of this program is to—
12 (1) support States and Indian tribes in the de13
velopment of a geographic information system data14
base of fish and wildlife habitat and corridors that
15 would inform planning and development decisions
16 within each State and Indian tribe, enable each
17 State and Indian tribe to model climate impacts and
18 adaptation, and provide geographically specific en19
hancements of State and tribal wildlife action plans;
20 (2) ensure the collaborative development, with
21 the States and Indian tribes, of a comprehensive,
22 national geographic information system database of
23 maps, models, data, surveys, informational products,
24 and other geospatial information regarding fish and
25 wildlife habitat and corridors, that—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01173 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1174
H.L.C.
1 (A) is based on consistent protocols for
2 sampling and mapping across landscapes that
3 take into account regional differences; and
4 (B) that utilizes—
5 (i) existing and planned State- and
6 tribal-based geographic information system
7 databases; and
8 (ii) existing databases, analytical
9 tools, metadata activities, and other infor10
mation products available through the Na11
tional Biological Information Infrastruc12
ture maintained by the Secretary and non13
governmental organizations; and
14 (3) facilitate the use of such databases by Fed15
eral, State, local, and tribal decisionmakers to incor16
porate qualitative information on fish and wildlife
17 habitat and corridors at the earliest possible stage
18 to—
19 (A) prioritize and target natural resources
20 adaptation strategies and activities;
21 (B) avoid, minimize, and mitigate the im22
pacts on fish and wildlife habitat and corridors
23 in siting energy development, water, trans24
mission, transportation, and other land use
25 projects;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01174 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1175
H.L.C.
1 (C) assess the impacts of existing develop2
ment on habitats and corridors; and
3 (D) develop management strategies to en4
hance the ability of fish, wildlife, and plant spe5
cies to migrate or respond to shifting habitats
6 within existing habitats and corridors.
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40

Offline Satyagraha

  • Global Moderator
  • Member
  • *****
  • Posts: 8,939
===================================================
TITLE IV - Transitioning to a Clean Energy Economy
===================================================
Subtitle E: Adapting to Climate Change (Part 7 of 7)
===================================================

7 (c) HABITAT AND CORRIDORS INFORMATION SYS8
TEM.—
9 (1) IN GENERAL.—The Secretary, in coopera10
tion with the States and Indian tribes, shall develop
11 a Habitat and Corridors Information System.
12 (2) CONTENTS.—The System shall—
13 (A) include maps, data, and descriptions of
14 fish and wildlife habitat and corridors, that—
15 (i) have been developed by Federal
16 agencies, State wildlife agencies and nat17
ural heritage programs, Indian tribes, local
18 governments, nongovernmental organiza19
tions, and industry;
20 (ii) meet accepted Geospatial Inter21
operability Framework data and metadata
22 protocols and standards;
23 (B) include maps and descriptions of pro24
jected shifts in habitats and corridors of fish
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01175 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1176
H.L.C.
1 and wildlife species in response to climate
2 change;
3 (C) assure data quality and make the data,
4 models, and analyses included in the System
5 available at scales useful to decisionmakers—
6 (i) to prioritize and target natural re7
sources adaptation strategies and activi8
ties;
9 (ii) to assess the impacts of proposed
10 energy development, water, transmission,
11 transportation, and other land use projects
12 and avoid, minimize, and mitigate those
13 impacts on habitats and corridors;
14 (iii) to assess the impacts of existing
15 development on habitats and corridors; and
16 (iv) to develop management strategies
17 to enhance the ability of fish, wildlife, and
18 plant species to migrate or respond to
19 shifting habitats within existing habitats
20 and corridors;
21 (D) establish a process for updating maps
22 and other information as landscapes, habitats,
23 corridors, and wildlife populations change or as
24 other information becomes available;
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01176 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1177
H.L.C.
1 (E) encourage the development of collabo2
rative plans by Federal and State agencies and
3 Indian tribes to monitor and evaluate the effi4
cacy of the System to meet the needs of deci5
sionmakers;
6 (F) identify gaps in habitat and corridor
7 information, mapping, and research that should
8 be addressed to fully understand and assess
9 current data and metadata, and to prioritize re10
search and future data collection activities for
11 use in updating the System and provide support
12 for those activities;
13 (G) include mechanisms to support collabo14
rative research, mapping, and planning of habi15
tats and corridors by Federal and State agen16
cies, Indian tribes, and other interested stake17
holders;
18 (H) incorporate biological and geospatial
19 data on species and corridors found in energy
20 development and transmission plans, including
21 renewable energy initiatives, transportation, and
22 other land use plans;
23 (I) be based on the best scientific informa24
tion available; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01177 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1178
H.L.C.
1 (J) identify, prioritize, and describe key
2 parcels of non-Federal land located within the
3 boundaries of units of the National Park Sys4
tem, National Wildlife Refuge System, National
5 Forest System, or National Grassland System
6 that are critical to maintenance of wildlife habi7
tat and migration corridors.
8 (d) FINANCIAL AND OTHER SUPPORT.—The Sec9
retary may provide support to the States and Indian
10 tribes, including financial and technical assistance, for ac11
tivities that support the development and implementation
12 of the System.
13 (e) COORDINATION.—The Secretary, in cooperation
14 with the States and Indian tribes, shall make rec15
ommendations on how the information developed in the
16 System may be incorporated into existing relevant State
17 and Federal plans affecting fish and wildlife, including
18 land management plans, the State Comprehensive Wildlife
19 Conservation Strategies, and appropriate tribal conserva20
tion plans, to ensure that they—
21 (1) prevent unnecessary habitat fragmentation
22 and disruption of corridors;
23 (2) promote the landscape connectivity nec24
essary to allow wildlife to move as necessary to meet
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01178 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1179
H.L.C.
1 biological needs, adjust to shifts in habitat, and
2 adapt to climate change; and
3 (3) minimize the impacts of energy, develop4
ment, water, transportation, and transmission
5 projects and other activities expected to impact habi6
tat and corridors.
7 (f) DEFINITIONS.—In this section:
8 (1) GEOSPATIAL INTEROPERABILITY FRAME9
WORK.—The term ‘‘Geospatial Interoperability
10 Framework’’ means the strategy utilized by the Na11
tional Biological Information Infrastructure that is
12 based upon accepted standards, specifications, and
13 protocols adopted through the International Stand14
ards Organization, the Open Geospatial Consortium,
15 and the Federal Geographic Data Committee, to
16 manage, archive, integrate, analyze, and make acces17
sible geospatial and biological data and metadata.
18 (2) SECRETARY.—The term ‘‘Secretary’’ means
19 the Secretary of the Interior.
20 SEC. 482. ADDITIONAL PROVISIONS REGARDING INDIAN
21 TRIBES.
22 (a) FEDERAL TRUST RESPONSIBILITY.—Nothing in
23 this subpart is intended to amend, alter, or give priority
24 over the Federal trust responsibility to Indian tribes.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01179 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1180
H.L.C.
1 (b) EXEMPTION FROM FOIA.—Information received
2 by a Federal agency pursuant to this Act relating to the
3 location, character, or ownership of human remains of a
4 person of Indian ancestry; or resources, cultural items,
5 uses, or activities identified by an Indian tribe as tradi6
tional or cultural because of the long-established signifi7
cance or ceremonial nature to the Indian tribe; shall not
8 be subject to disclosure under section 552 of title 5,
9 United States Code, if the head of the agency, in consulta10
tion with the Secretary of the Interior and an affected In11
dian tribe, determines that disclosure may—
12 (1) cause a significant invasion of privacy;
13 (2) risk harm to the human remains or re14
sources, cultural items, uses, or activities; or
15 (3) impede the use of a traditional religious site
16 by practitioners.
17 (c) APPLICATION OF OTHER LAW.—The Secretary of
18 the Interior may apply the provisions of Public Law 93–
19 638 where appropriate in the implementation of this sub20
part.
21 PART 2—INTERNATIONAL CLIMATE CHANGE
22 ADAPTATION PROGRAM
23 SEC. 491. FINDINGS AND PURPOSES.
24 (a) FINDINGS.—Congress finds the following:
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01180 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1181
H.L.C.
1 (1) Global climate change is a potentially sig2
nificant national and global security threat multi3
plier and is likely to exacerbate competition and con4
flict over agricultural, vegetative, marine, and water
5 resources and to result in increased displacement of
6 people, poverty, and hunger within developing coun7
tries.
8 (2) The strategic, social, political, economic,
9 cultural, and environmental consequences of global
10 climate change are likely to have disproportionate
11 adverse impacts on developing countries, which have
12 less economic capacity to respond to such impacts.
13 (3) The countries most vulnerable to climate
14 change, due both to greater exposure to harmful im15
pacts and to lower capacity to adapt, are developing
16 countries with very low industrial greenhouse gas
17 emissions that have contributed less to climate
18 change than more affluent countries.
19 (4) To a much greater degree than developed
20 countries, developing countries rely on the natural
21 and environmental systems likely to be affected by
22 climate change for sustenance, livelihoods, and eco23
nomic growth and stability.
24 (5) Within developing countries there may be
25 varying climate change adaptation and resilience
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01181 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1182
H.L.C.
1 needs among different communities and populations,
2 including impoverished communities, children,
3 women, and indigenous peoples.
4 (6) The consequences of global climate change,
5 including increases in poverty and destabilization of
6 economies and societies, are likely to pose long-term
7 challenges to the national security, foreign policy,
8 and economic interests of the United States.
9 (7) It is in the national security, foreign policy,
10 and economic interests of the United States to rec11
ognize, plan for, and mitigate the international stra12
tegic, social, political, cultural, environmental,
13 health, and economic effects of climate change and
14 to assist developing countries to increase their resil15
ience to those effects.
16 (8) Under Article 4 of the United Nations
17 Framework Convention on Climate Change, devel18
oped country parties, including the United States,
19 committed to ‘‘assist the developing country parties
20 that are particularly vulnerable to the adverse effects
21 of climate change in meeting costs of adaptation to
22 those adverse effects’’.
23 (9) Under the Bali Action Plan, developed
24 country parties to the United Nations Framework
25 Convention on Climate Change, including the United
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01182 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1183
H.L.C.
1 States, committed to ‘‘enhanced action on the provi2
sion of financial resources and investment to support
3 action on mitigation and adaptation and technology
4 cooperation,’’ including, inter alia, consideration of
5 ‘‘improved access to adequate, predictable, and sus6
tainable financial resources and financial and tech7
nical support, and the provision of new and addi8
tional resources, including official and concessional
9 funding for developing country parties’’.
10 (b) PURPOSES.—The purposes of this part are—
11 (1) to provide new and additional assistance
12 from the United States to the most vulnerable devel13
oping countries, including the most vulnerable com14
munities and populations therein, in order to sup15
port the development and implementation of climate
16 change adaptation programs and activities that re17
duce the vulnerability and increase the resilience of
18 communities to climate change impacts, including
19 impacts on water availability, agricultural produc20
tivity, flood risk, coastal resources, timing of sea21
sons, biodiversity, economic livelihoods, health and
22 diseases, and human migration; and
23 (2) to provide such assistance in a manner that
24 protects and promotes the national security, foreign
25 policy, environmental, and economic interests of the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01183 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1184
H.L.C.
1 United States to the extent such interests may be
2 advanced by minimizing, averting, or increasing re3
silience to climate change impacts.
4 SEC. 492. DEFINITIONS.
5 In this part:
6 (1) ALLOWANCE.—The term ‘‘allowance’’
7 means an emission allowance established under sec8
tion 721 of the Clean Air Act.
9 (2) APPROPRIATE CONGRESSIONAL COMMIT10
TEES.—The term ‘‘appropriate congressional com11
mittees’’ means—
12 (A) the Committees on Energy and Com13
merce, Financial Services, and Foreign Affairs
14 of the House of Representatives; and
15 (B) the Committees on Environment and
16 Public Works and Foreign Relations of the Sen17
ate.
18 (3) DEVELOPING COUNTRY.—The term ‘‘devel19
oping country’’ means a country eligible to receive
20 official development assistance according to the in21
come guidelines of the Development Assistance Com22
mittee of the Organization for Economic Coopera23
tion and Development.
24 (4) MOST VULNERABLE DEVELOPING COUN25
TRIES.—The term ‘‘most vulnerable developing
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01184 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1185
H.L.C.
1 countries’’ means, as determined by the Adminis2
trator of USAID, developing countries that are at
3 risk of substantial adverse impacts of climate change
4 and have limited capacity to respond to such im5
pacts, considering the approaches included in any
6 international treaties and agreements.
7 (5) MOST VULNERABLE COMMUNITIES AND
8 POPULATIONS.—The term ‘‘most vulnerable commu9
nities and populations’’ means communities and pop10
ulations that are at risk of substantial adverse im11
pacts of climate change and have limited capacity to
12 respond to such impacts, including impoverished
13 communities, children, women, and indigenous peo14
ples.
15 (6) PROGRAM.—The term ‘‘Program’’ means
16 the International Climate Change Adaptation Pro17
gram established under section 493.
18 (7) USAID.—The term ‘‘USAID’’ means the
19 United States Agency for International Develop20
ment.
21 (8) UNITED NATIONS FRAMEWORK CONVEN22
TION ON CLIMATE CHANGE.—The term ‘‘United Na23
tions Framework Convention on Climate Change’’ or
24 ‘‘Convention’’ means the United Nations Framework
25 Convention on Climate Change done at New York on
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01185 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1186
H.L.C.
1 May 9, 1992, and entered into force on March 21,
2 1994.
3 SEC. 493. INTERNATIONAL CLIMATE CHANGE ADAPTATION
4 PROGRAM.
5 (a) ESTABLISHMENT.—The Secretary of State, in
6 consultation with the Administrator of USAID, the Sec7
retary of the Treasury, and the Administrator of the Envi8
ronmental Protection Agency, shall establish an Inter9
national Climate Change Adaptation Program in accord10
ance with the requirements of this part.
11 (b) ALLOWANCE ACCOUNT.—Allowances allocated
12 pursuant to section 782(n) of the Clean Air Act shall be
13 available for distribution to carry out the Program estab14
lished under subsection (a).
15 (c) SUPPLEMENT NOT SUPPLANT.—Assistance pro16
vided under this part shall be used to supplement, and
17 not to supplant, any other Federal, State, or local re18
sources available to carry out activities of the type carried
19 out under the Program.
20 SEC. 494. DISTRIBUTION OF ALLOWANCES.
21 (a) IN GENERAL.—The Secretary of State, or such
22 other Federal agency head as the President may des23
ignate, after consultation with the Secretary of the Treas24
ury, the Administrator of USAID, and the Administrator
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01186 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1187
H.L.C.
1 of the Environmental Protection Agency, shall direct the
2 distribution of allowances to carry out the Program—
3 (1) in the form of bilateral assistance pursuant
4 to the requirements under section 495;
5 (2) to multilateral funds or international insti6
tutions pursuant to the Convention or an agreement
7 negotiated under the Convention; or
8 (3) through a combination of the mechanisms
9 identified under paragraphs (1) and (2).
10 (b) LIMITATION.—
11 (1) CONDITIONAL DISTRIBUTION TO MULTILAT12
ERAL FUNDS OR INTERNATIONAL INSTITUTIONS.—
13 In any fiscal year, the Secretary of State, or such
14 other Federal agency head as the President may
15 designate, in consultation with the Administrator of
16 USAID, the Secretary of the Treasury, and the Ad17
ministrator of the Environmental Protection Agency,
18 shall distribute at least 40 percent and up to 60 per19
cent of the allowances available to carry out the Pro20
gram to one or more multilateral funds or inter21
national institutions that meet the requirements of
22 paragraph (2), if any such fund or institution exists,
23 and shall annually certify in a report to the appro24
priate congressional committees that any multilat25
eral fund or international institution receiving allow-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01187 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1188
H.L.C.
1 ances under this section meets the requirements of
2 paragraph (2) or that no multilateral fund or inter3
national institution that meets the requirements of
4 paragraph (2) exists, as the case may be. The Sec5
retary of State shall notify the appropriate congres6
sional committees not less than 15 days prior to any
7 transfer of allowances to a multilateral fund or
8 international institution pursuant to this section.
9 (2) MULTILATERAL FUND OR INTERNATIONAL
10 INSTITUTION ELIGIBILITY.—A multilateral fund or
11 international institution is eligible to receive allow12
ances available to carry out the Program—
13 (A) if—
14 (i) such fund or institution is estab15
lished pursuant to—
16 (I) the Convention; or
17 (II) an agreement negotiated
18 under the Convention; or
19 (ii) the allowances are directed to one
20 or more multilateral development banks or
21 international development institutions, pur22
suant to an agreement negotiated under
23 such Convention; and
24 (B) if such fund or institution—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01188 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1189
H.L.C.
1 (i) specifies the terms and conditions
2 under which the United States is to pro3
vide allowances to the fund or institution,
4 and under which the fund or institution is
5 to provide assistance to recipient countries;
6 (ii) ensures that assistance from the
7 United States to the fund or institution
8 and the principal and income of the fund
9 or institution are disbursed only for pur10
poses that are consistent with those de11
scribed in section 491(b)(1);
12 (iii) requires a regular meeting of a
13 governing body of the fund or institution
14 that includes representation from countries
15 among the most vulnerable developing
16 countries and provides public access;
17 (iv) requires that local communities
18 and indigenous peoples in areas where any
19 activities or programs are planned are en20
gaged through adequate disclosure of in21
formation, public participation, and con22
sultation; and
23 (v) prepares and makes public an an24
nual report that—
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01189 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1190
H.L.C.
1 (I) describes the process and
2 methodology for selecting the recipi3
ents of assistance from the fund or in4
stitution, including assessments of
5 vulnerability;
6 (II) describes specific programs
7 and activities supported by the fund
8 or institution and the extent to which
9 the assistance is addressing the adap10
tation needs of the most vulnerable
11 developing countries, and the most
12 vulnerable communities and popu13
lations therein;
14 (III) describes the performance
15 goals for assistance authorized under
16 the fund or institution and expresses
17 such goals in an objective and quan18
tifiable form, to the extent practicable;
19 (IV) describes the performance
20 indicators to be used in measuring or
21 assessing the achievement of the per22
formance goals described in subclause
23 (III);
24 (V) provides a basis for rec25
ommendations for adjustments to as-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01190 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1191
H.L.C.
1 sistance authorized under this part to
2 enhance the impact of such assist3
ance; and
4 (VI) describes the participation
5 of other nations and international or6
ganizations in supporting and gov7
erning the fund or institution.
8 (c) OVERSIGHT.—
9 (1) DISTRIBUTION TO MULTILATERAL FUNDS
10 OR INTERNATIONAL INSTITUTIONS.—The Secretary
11 of State, or such other Federal agency head as the
12 President may designate, in consultation with the
13 Administrator of USAID, shall oversee the distribu14
tion of allowances available to carry out the Pro15
gram to a multilateral fund or international institu16
tion under subsection (b).
17 (2) BILATERAL ASSISTANCE.—The Adminis18
trator of USAID, in consultation with the Secretary
19 of State, shall oversee the distribution of allowances
20 available to carry out the Program for bilateral as21
sistance under section 495.
22 SEC. 495. BILATERAL ASSISTANCE.
23 (a) ACTIVITIES AND FOREIGN AID.—
24 (1) IN GENERAL.—In order to achieve the pur25
poses of this part, the Administrator of USAID may
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01191 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1192
H.L.C.
1 carry out programs and activities and distribute al2
lowances to any private or public group (including
3 international organizations and faith-based organiza4
tions), association, or other entity engaged in peace5
ful activities to—
6 (A) provide assistance to the most vulner7
able developing countries for—
8 (i) the development of national or re9
gional climate change adaptation plans, in10
cluding a systematic assessment of socio11
economic vulnerabilities in order to identify
12 the most vulnerable communities and pop13
ulations;
14 (ii) associated national policies; and
15 (iii) planning, financing, and execu16
tion of adaptation programs and activities;
17 (B) support investments, capacity-building
18 activities, and other assistance, to reduce vul19
nerability and promote community-level resil20
ience related to climate change and its impacts
21 in the most vulnerable developing countries, in22
cluding impacts on water availability, agricul23
tural productivity, flood risk, coastal resources,
24 timing of seasons, biodiversity, economic liveli25
hoods, health, human migration, or other social,
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01192 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1193
H.L.C.
1 economic, political, cultural, or environmental
2 matters;
3 (C) support climate change adaptation re4
search in or for the most vulnerable developing
5 countries;
6 (D) reduce vulnerability and provide in7
creased resilience to climate change for local
8 communities and livelihoods in the most vulner9
able developing countries by encouraging—
10 (i) the protection and rehabilitation of
11 natural systems;
12 (ii) the enhancement and diversifica13
tion of agricultural, fishery, and other live14
lihoods; and
15 (iii) the reduction of disaster risks;
16 (E) support the deployment of technologies
17 to help the most vulnerable developing countries
18 respond to the destabilizing impacts of climate
19 change and encourage the identification and
20 adoption of appropriate renewable and efficient
21 energy technologies that are beneficial in in22
creasing community-level resilience to the im23
pacts of global climate change in those coun24
tries; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01193 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1194
H.L.C.
1 (F) encourage the engagement of local
2 communities through disclosure of information,
3 consultation, and the communities’ informed
4 participation relating to the development of
5 plans, programs, and activities to increase com6
munity-level resilience to climate change im7
pacts.
8 (2) LIMITATIONS.—Not more than 10 percent
9 of the allowances made available to carry out bilat10
eral assistance under this part in any year shall be
11 distributed to support activities in any single coun12
try.
13 (3) PRIORITIZING ASSISTANCE.—In providing
14 assistance under this section, the Administrator of
15 USAID shall give priority to countries, including the
16 most vulnerable communities and populations there17
in, that are most vulnerable to the adverse impacts
18 of climate change, determined by the likelihood and
19 severity of such impacts and the country’s capacity
20 to adapt to such impacts.
21 (b) COMMUNITY ENGAGEMENT.—
22 (1) IN GENERAL.—The Administrator of
23 USAID shall ensure that local communities, includ24
ing the most vulnerable communities and popu25
lations therein, in areas where any programs or ac-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01194 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1195
H.L.C.
1 tivities are carried out pursuant to this section are
2 engaged in, through disclosure of information, public
3 participation, and consultation, the design, imple4
mentation, monitoring, and evaluation of such pro5
grams and activities.
6 (2) CONSULTATION AND DISCLOSURE.—For
7 each country receiving assistance under this section,
8 the Administrator of USAID shall establish a proc9
ess for consultation with, and disclosure of informa10
tion to, local, national, and international stake11
holders regarding any programs and activities car12
ried out pursuant to this section.
13 (c) COORDINATION.—
14 (1) ALIGNMENT OF ACTIVITIES.—Subject to the
15 direction of the President and the Secretary of
16 State, the Administrator of USAID shall, to the ex17
tent practicable, seek to align activities under this
18 section with broader development, poverty allevi19
ation, or natural resource management objectives
20 and initiatives in the recipient country.
21 (2) COORDINATION OF ACTIVITIES.—The Ad22
ministrator of USAID shall ensure that there is co23
ordination among the activities under this section,
24 subtitle D of this title, and part E of title VII of the
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01195 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1196
H.L.C.
1 Clean Air Act, in order to maximize the effectiveness
2 of United States assistance to developing countries.
3 (d) REPORTING.—
4 (1) INITIAL REPORT.—Not later than 180 days
5 after the date of enactment of this part, the Admin6
istrator of USAID, in consultation with the Sec7
retary of State, shall submit to the President and
8 the appropriate congressional committees an initial
9 report that—
10 (A) based on the most recent information
11 available from reliable public sources or knowl12
edge obtained by USAID on a reliable basis, as
13 determined by the Administrator of USAID,
14 identifies the developing countries, including the
15 most vulnerable communities and populations
16 therein, that are most vulnerable to climate
17 change impacts and in which assistance may
18 have the greatest and most sustainable benefit
19 in reducing vulnerability to climate change; and
20 (B) describes the process and methodology
21 for selecting the recipients of assistance under
22 subsection (a)(1).
23 (2) ANNUAL REPORTS.—Not later than 18
24 months after the date on which the initial report is
25 submitted pursuant to paragraph (1), and annually
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01196 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1197
H.L.C.
1 thereafter, the Administrator of USAID, in consulta2
tion with the Secretary of State, shall submit to the
3 President and the appropriate congressional commit4
tees a report that—
5 (A) describes the extent to which global cli6
mate change, through its potential negative im7
pacts on sensitive populations and natural re8
sources in the most vulnerable developing coun9
tries, may threaten, cause, or exacerbate polit10
ical, economic, environmental, cultural, or social
11 instability or international conflict in those re12
gions;
13 (B) describes the ramifications of any po14
tentially destabilizing impacts climate change
15 may have on the national security, foreign pol16
icy, and economic interests of the United
17 States, including—
18 (i) the creation of environmental mi19
grants and internally displaced peoples;
20 (ii) international or internal armed
21 conflicts over water, food, land, or other
22 resources;
23 (iii) loss of agricultural and other live24
lihoods, cultural stability, and other causes
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01197 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1198
H.L.C.
1 of increased poverty and economic desta2
bilization;
3 (iv) decline in availability of resources
4 needed for survival, including water;
5 (v) increased impact of natural disas6
ters (including droughts, flooding, and
7 other severe weather events);
8 (vi) increased prevalence or virulence
9 of climate-related diseases; and
10 (vii) intensified urban migration;
11 (C) describes how allowances available
12 under this section were distributed during the
13 previous fiscal year to enhance the national se14
curity, foreign policy, and economic interests of
15 the United States and assist in avoiding the
16 economically, politically, environmentally, cul17
turally, and socially destabilizing impacts of cli18
mate change in most vulnerable developing
19 countries;
20 (D) identifies and recommends the devel21
oping countries, including the most vulnerable
22 communities and populations therein, that are
23 most vulnerable to climate change impacts and
24 in which assistance may have the greatest and
25 most sustainable benefit in reducing vulner-
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01198 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1199
H.L.C.
1 ability to climate change, including in the form
2 of deploying technologies, investments, capacity3
building activities, and other types of assistance
4 for adaptation to climate change impacts and
5 approaches to reduce greenhouse gases in ways
6 that may also provide community-level resilience
7 to climate change impacts; and
8 (E) describes cooperation undertaken with
9 other nations and international organizations to
10 carry out this part.
11 (e) MONITORING AND EVALUATION.—
12 (1) IN GENERAL.—The Administrator of
13 USAID shall establish and implement a system to
14 monitor and evaluate the effectiveness and efficiency
15 of assistance provided under this section in order to
16 maximize the long-term sustainable development im17
pact of such assistance, including the extent to
18 which such assistance is meeting the purposes of
19 this part and addressing the adaptation needs of de20
veloping countries.
21 (2) REQUIREMENTS.—In carrying out para22
graph (1), the Administrator of USAID shall—
23 (A) in consultation with national govern24
ments in recipient countries, establish perform25
ance goals for assistance authorized under this
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01199 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1200
H.L.C.
1 section and express such goals in an objective
2 and quantifiable form, to the extent practicable;
3 (B) establish performance indicators to be
4 used in measuring or assessing the achievement
5 of the performance goals described in subpara6
graph (A), including an evaluation of—
7 (i) the extent to which assistance
8 under this section provided for disclosure
9 of information to, consultation with, and
10 informed participation by local commu11
nities;
12 (ii) the extent to which local commu13
nities participated in the design, implemen14
tation, and evaluation of programs and ac15
tivities implemented pursuant to this sec16
tion; and
17 (iii) the impacts of such participation
18 on the goals and objectives of the pro19
grams and activities implemented under
20 this section;
21 (C) provide a basis for recommendations
22 for adjustments to assistance authorized under
23 this section to enhance the impact of such as24
sistance; and
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01200 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)
1201
H.L.C.
1 (D) include, in the annual report to the
2 appropriate congressional committees and other
3 relevant agencies required under subsection
4 (d)(2), findings resulting from the monitoring
5 and evaluation of programs and activities under
6 this section.
VerDate Nov 24 2008 16:12 Jun 22, 2009 Jkt 000000 PO 00000 Frm 01201 Fmt 6652 Sfmt 6201 C:\TEMP\ACESFL_001.XML HOLCPC
June 22, 2009 (4:12 p.m.)
F:\TB\EC\ACESFL_001.XML
f:\VHLC\062209\062209.531.xml (440533|3)


==============END===================
And  the King shall answer and say unto them, Verily I say unto you, 
Inasmuch as ye have done it unto one of the least of these my brethren,  ye have done it unto me.

Matthew 25:40