Climate Change Legislation in the 113th Congress

Congressional research reportMar 12, 2014

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Climate Change Legislation

in the 113th Congress

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Specialist in Environmental Policy

March 12, 2014

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R43230

Climate Change Legislation in the 113th Congress

Summary

In the 113th Congress, Members have introduced multiple bills that include provisions that would

directly or indirectly address climate change-related issues. In some cases, it is difficult to

distinguish between direct and indirect climate change bills, because a specific bill or action may

seek to achieve multiple objectives. The bills listed in this report include provisions that directly

address climate change, as opposed to those that primarily address other issues (e.g., energy

efficiency) but could have ancillary impacts on climate.

Observations about the climate change-related proposals in the 113th Congress include the

following:

•

a large number of the identified bills include provisions to encourage or require

climate change adaptation activities;

•

a considerable number of proposals include provisions to prohibit federal

agencies, particularly the Environmental Protection Agency (EPA), from taking

action to require greenhouse gas (GHG) emission reductions; and

•

as of the date of this report, one bill (S. 332) would attach a price to GHG

emissions.

As of the date of this report, the President has signed one bill into law (P.L. 113-79) that includes

climate change-related provisions. Among other provisions, this act (often referred to as the

“Farm Bill”) reauthorizes the Office of International Forestry through FY2018 and directs the

Secretary of Agriculture to revise the strategic plan for forestry inventory to include information

on renewable biomass supplies and carbon stocks.

In addition, the House has passed three bills:

•

H.R. 367 (passed on August 2, 2013) would require any rule that implements or

provides for the imposition or collection of a carbon tax to be submitted to

Congress for an affirmative vote and presentment to the President before the

regulation could take effect;

•

H.R. 2641 (passed on March 6, 2014) would prohibit a lead agency from using

the social cost of carbon in an environmental review or decision-making process;

and

•

H.R. 3826 (passed on March 6, 2014) would prohibit EPA from issuing a rule

that would establish GHG performance standards at electric generators unless

specific conditions are met.

Congressional Research Service

Climate Change Legislation in the 113th Congress

Contents

Introduction...................................................................................................................................... 1

Tables

Table 1. Major Focus Areas of Climate Change Provisions in Bills from the 113th

Congress ....................................................................................................................................... 2

Table 2. Key Climate Change Provisions in Legislation from the 113th Congress .......................... 6

Table 3. Comparison of Selected Market-Based, Carbon Price Programs .................................... 18

Contacts

Author Contact Information........................................................................................................... 22

Congressional Research Service

Climate Change Legislation in the 113th Congress

Introduction

In the 113th Congress, Members have introduced multiple bills that include provisions that would

directly or indirectly address climate change. This report describes and compares the bills and

provisions that directly address climate change, as opposed to those that primarily address other

issues (e.g., energy efficiency)1 but could have ancillary impacts on climate.2 In some cases, it is

difficult to distinguish between direct and indirect climate change bills, because a specific bill or

action may seek to achieve multiple objectives.

This report focuses on legislative actions—including comprehensive bills with individual climate

change titles, sections, or provisions—that explicitly address climate change issues. The

provisions in these bills fall into six general categories:

1. carbon price (i.e., tax or fee) on greenhouse (GHG) emissions;

2. other mechanisms intended to encourage mitigation of GHG emissions (e.g.,

sequestration of emissions);

3. research on climate change-related issues;

4. adaptation activities related to expected climate change impacts;

5. support for international climate change-related activities; and

6. action that limits or prohibits climate change-related authorities, efforts, or

considerations.

Table 1 lists the proposals in the 113th Congress by these six broad categories. These categories

are not mutually exclusive, and several bills address more than one of the above categories. Other

reviews of the same legislation may identify a different list of bills with different categorization.

Table 2 provides a brief summary about each bill, including the primary sponsor, short title,

major actions, and key climate change-related provisions.

As of the date of this report, one bill—S. 332 (Sanders)—would attach a price to GHG

emissions.3 Table 3 compares that carbon price proposal with selected state and international

programs. In addition, Representative Waxman and Senator Whitehouse offered a carbon tax

“discussion draft” on March 12, 2013.4

For more information on energy policy, including energy efficiency legislation, see CRS Report R42756, Energy

Policy: 113th Congress Issues, by (name redacted).

Congressional resolutions that address climate change-related issues are likewise not included in this report.

In the 112th Congress, Members offered two pricing carbon proposals (H.R. 3242 and H.R. 6338); for earlier

Congresses, see CRS Report RL34067, Climate Change Legislation in the 110th Congress, by (name redacted) and

(name redacted); CRS Report R40556,

Market-Based Greenhouse Gas Control: Selected Proposals in the 111th

Congress, by (name redacted), (name redacted), and (name redacted).

The text of this “discussion draft” is available at http://www.whitehouse.senate.gov/download/?id=17727510-aaba44c5-821c-ca3499bfd999.

Congressional Research Service

Table 1. Major Focus Areas of Climate Change Provisions in Bills from the 113th Congress

Does not include resolutions or amendments

Bill Number

Carbon Price

Other Mitigation

Research

Adaptation—

Planning

International

Activities

Prohibit or Limit

Climate Change

Activities or

Considerations

House Proposals

H.R. 70

H.R. 71

H.R. 367

H.R. 400

H.R. 518

H.R. 547

H.R. 570

H.R. 621

H.R. 662

H.R. 764

H.R. 974

H.R. 1137

H.R. 1138

H.R. 1187

H.R. 1348

H.R. 1351

H.R. 1486

H.R. 1582

H.R. 1793

CRS-2

Bill Number

H.R. 1807

Carbon Price

Other Mitigation

Research

Adaptation—

Planning

International

Activities

H.R. 1834

H.R. 1881

H.R. 1890

Prohibit or Limit

Climate Change

Activities or

Considerations

H.R. 1943

H.R. 1947

H.R. 2023

H.R. 2081

H.R. 2368

H.R. 2498

H.R. 2553

H.R. 2601

H.R. 2610

H.R. 2641

H.R. 2685

H.R. 2855

H.R. 2863

H.R. 2948

H.R. 3033

H.R. 3042

H.R. 3140

H.R. 3702

H.R. 3727

CRS-3

Bill Number

Carbon Price

Other Mitigation

Research

Adaptation—

Planning

International

Activities

Prohibit or Limit

Climate Change

Activities or

Considerations

H.R. 3826

H.R. 3895

H.R. 3963

H.R. 4159

Senate Proposals

S. 10

S. 17

S. 106

S. 107

S. 163

S. 332

S. 360

S. 387

S. 570

S. 839

S. 923

S. 954

S. 1202

S. 1324

S. 1372

S. 1508

S. 1536

CRS-4

Bill Number

Carbon Price

Other Mitigation

S. 1548

S. 1746

S. 1905

Research

Adaptation—

Planning

International

Activities

Prohibit or Limit

Climate Change

Activities or

Considerations

Source: Prepared by CRS.

Note: The “Other Mitigation” category includes provisions that would reduce or encourage the reduction of GHG emissions through non-market mechanisms.

CRS-5

Table 2. Key Climate Change Provisions in Legislation from the 113th Congress

Does not include resolutions or amendments

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

House Proposals

H.R. 70

Lee

Deficit Reduction, Job

Creation, and Energy Security

Act

Introduced on January 3, 2013;

referred to multiple committees.

Establishes a grant program to support coastal

communities and natural resources; eligible funding

activities include “mitigation, restoration, protection,

and relocation of coastal communities threatened by the

impacts of climate change”

H.R. 71

Bordallo

Coral Reef Conservation Act

Reauthorization and

Enhancement Amendments

of 2013

Introduced on January 3, 2013;

referred to the House Committee

on Natural Resources

Amends coral reef conservation program (16 U.S.C.

§6401) to include assessment of climate change-related

impacts

H.R. 367

Young

Regulations From the

Executive in Need of Scrutiny

Act of 2013

Introduced on January 23, 2013;

reported by House Committee on

Judiciary on July 19, 2013 (H.Rept.

113-160); passed the House on

August 2, 2013

Requires any “major rule” from a federal agency to be

submitted to Congress for an affirmative vote and

presentment to the President before the regulation

could take effect; a major rule is defined to include,

among other things, any rule that implements or

provides for the imposition or collection of a carbon tax

H.R. 400

Matsui

Clean Energy Technology

Manufacturing and Export

Assistance Act of 2013

Introduced on January 23, 2013;

referred to the House Committee

on Foreign Affairs and Committee

on Energy and Commerce

Directs the Secretary of Commerce to establish a Clean

Energy Technology Manufacturing and Export Assistance

Fund that will be administered through the International

Trade Administration; the fund supports clean energy

technology firms and exports of clean energy; clean

energy is defined as energy that will contribute to a

stabilization of atmospheric GHG concentrations

H.R. 518

Markey

Not provided

Introduced on February 5, 2013;

referred to the House Committee

on Natural Resources

Amends the Reclamation States Emergency Drought

Relief Act of 1991 (43 U.S.C. §2223) to require drought

contingency plans to consider climate change impacts

and modify plans accordingly

CRS-6

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

H.R. 547

Grijalva

Border Security and

Responsibility Act of 2013

Introduced on February 6, 2013;

referred to multiple committees

Directs the Secretary of Homeland Security to

implement a monitoring and mitigation plan to address

the ecological and environmental impacts of border

security infrastructure, measures, and activities; the plan

must include measures that ensure species are able to

adapt to climate change

H.R. 621

Poe

Ensuring Affordable Energy

Act

Introduced on February 12, 2013;

referred to the House Committee

on Energy and Commerce

Prohibits Environmental Protection Agency (EPA) from

using funds to implement or enforce a GHG emission

cap-and-trade program or a regulatory program

pursuant to the Clean Air Act that addresses GHG

emissions from stationary sources

H.R. 662

Luetkemeyer

Not provided

Introduced on February 13, 2013;

referred to the House Committee

on Foreign Affairs

Prohibits the use of funding to federal agencies to make

contributions on behalf of the United States to the

Intergovernmental Panel on Climate Change or the

United Nations Framework Convention on Climate

Change

H.R. 764

Capps

Coastal State Climate Change

Planning Act

Introduced on February 15, 2013;

referred to the House Committee

on Natural Resources

Amends the Coastal Zone Management Act (16 U.S.C.

§1451 et seq.) to require the Secretary of Commerce to

establish a coastal climate change adaptation planning

and response program, which includes a grant program

to help states develop adaptation plans

H.R. 974

Sires

MOVE Freight Act of 2013

Introduced on March 5, 2013;

referred to the House Committee

on Transportation and Infrastructure

Directs the Secretary of Transportation to establish a

grant program to fund certain transportation projects;

GHG emission reduction is a factor in project selection

H.R. 1137

Kind

Joint Ventures for Bird

Habitat Conservation Act of

2013

Introduced on March 13, 2013;

referred to the House Committee

on Natural Resources

Authorizes the Secretary of the Interior to conduct a

Joint Venture program for migratory birds; the program

should consider the effects of climate change on

migratory bird populations

H.R. 1138

Matsui

Small Business Clean Energy

Financing Act of 2013

Introduced on March 13, 2013;

referred to the House Committee

on Small Business

Directs the Administrator of the Small Business

Administration to establish a loan guarantee program for

small businesses that manufacture clean energy; clean

energy is defined as energy that will contribute to a

stabilization of atmospheric GHG concentrations

CRS-7

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

H.R. 1187

Maloney

Northern Rockies Ecosystem

Protection Act

Introduced on March 14, 2013;

referred to the House Committee

on Natural Resources

Establishes the Northern Rockies Habitat and Corridors

Information System that, among other things, monitors

shifts in species’ habitats due to climate change

H.R. 1348

Grijalva

Great Bend of the Gila

National Monument

Establishment Act

Introduced on March 21, 2013;

referred to the House Committee

on Natural Resources

Establishes the Great Bend of the Gila National

Monument; authorizes research on effects of climate

change on monument resources to facilitate climate

change adaptation

H.R. 1351

Grijalva

Public Lands Service Corps

Act of 2013

Introduced on March 21, 2013;

referred to multiple committees

Amends the Public Lands Corps Act of 1993 (16 U.S.C.

§1721 et seq.) to modify the conservation projects

program to include projects that “enhance adaptability

and resilience of eligible service lands and resources to

climate change”

H.R. 1486

Rahall

No Carbon Tax Act of 2013

Introduced on April 11, 2013;

referred to the House Committee

on Energy and Commerce and

Committee on Ways and Means

Prohibits the Secretary of the Treasury and the

Administrator of EPA from implementing a carbon tax,

fee, or price on carbon dioxide emissions or the fuels

that generate them

H.R. 1582

Cassidy

Energy Consumers Relief Act

of 2013

Introduced on April 16, 2013;

reported by the House Committee

on Energy and Commerce on July 22,

2013 (H.Rept. 113-164)

Prohibits EPA from promulgating an energy-related rule

that is estimated to cost more than $1 billion if the

Secretary of Energy determines the rule will cause

significant adverse effects to the economy; prohibits EPA

from using a social cost of carbon estimate in certain

rulemakings

H.R. 1793

Connolly

Global Partnerships Act of

2013

Introduced on April 26, 2013;

referred to multiple committees

Authorizes foreign assistance funding to be used to

support climate change mitigation and adaptation;

requires the United States Agency for International

Development (USAID) to prepare Country

Development Cooperation Strategies that must contain,

among other elements, an assessment of a country’s

vulnerability to climate change; when providing funding

for agricultural research, USAID should give priority to

research that, among other factors, mitigates the

impacts of climate change; requires that a Global Health

Strategy address health-related challenges posed by

climate change

CRS-8

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

H.R. 1807

Matsui

The Residential Energy and

Economic Savings (TREES)

Act

Introduced on April 26, 2013;

referred to the House Committee

on Energy and Commerce

Authorizes the Secretary of Energy to establish a grant

program to assist retail power providers with a

residential tree-planting program, with an expressed

purpose of climate change mitigation

H.R. 1834

Grijalva

21st Century Great Outdoors

Commission Act

Introduced on May 6, 2013; referred

to the House Committee on Natural

Resources

Establishes a 21st Century Great Outdoors Commission

to assess various issues involving public resources,

including climate change impacts

H.R. 1881

Bishop

Energy Production and

Project Delivery Act of 2013

Introduced on May 8, 2013; referred

to multiple committees

Amends the Endangered Species Act (16 U.S.C. §1539)

to prohibit the consideration of the impacts of climate

change on fish, wildlife, or plant species during the

implementation of the act

H.R. 1890

Blumenauer

Balancing Food, Farm, and

the Environment Act of 2013

Introduced on May 8, 2013; referred

to the House Committee on

Agriculture

Amends the Food Security Act of 1985 (16 U.S.C.

§3839aa) by altering the stated purposes of the

environmental quality incentives program to include

support for climate change adaptation; establishes a

regional conservation partnership program that, among

other elements, encourages producers to employ

practices/systems that mitigate climate change effects

H.R. 1943

Peters

Super Pollutant Emissions

Reduction (SUPER) Act of

2013

Introduced May 9, 2013; referred to

the House Committee on Energy

and Commerce

Directs the President to create a Task Force on Super

Pollutants to review existing activities and to develop

best practices for the reduction of short-lived climate

pollutants, such as methane and hydrofluorocarbons

H.R. 1947

Lucas

Federal Agriculture Reform

and Risk Management Act of

2013

Introduced on May 13, 2013;

reported by the House Committee

on Agriculture on May 29, 2013

(H.Rept. 113-92, Part I); reported by

the House Committee on Judiciary

on June 10, 2013 (H.Rept. 113-92,

Part II); House Committee on

Agriculture filed a supplemental

report on June 12, 2013 (H.Rept.

113-92, Part III); vote in House fails

on June 20, 2013

Amends the Global Climate Change Prevention Act of

1990 (7 U.S.C. §6704) by authorizing $6 million annually

between FY2014 and FY2018 to support the Office of

International Forestry

CRS-9

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

H.R. 2023

Capps

Climate Change Health

Protection and Promotion

Act

Introduced on May 16, 2013;

referred to the House Committee

on Energy and Commerce

Directs the Secretary of Health and Human Services to

publish a strategic plan to assist health professionals to

prepare and respond to the impacts of climate change

on public health in the United States and other nations;

establishes a science advisory board to provide related

advice and recommendations; calls for a report from the

National Research Council that assesses the needs of

health professionals to respond to climate change

impacts

H.R. 2081

Thornberry

No More Excuses Energy Act

of 2013

Introduced on May 21, 2013;

referred to multiple committees

Amends the Clean Air Act (42 U.S.C. §7601 et seq.) by

modifying the definition of “air pollutant” to not include

GHGs; prohibits EPA from regulating or taking action to

address GHG emissions

H.R. 2368

McNerney

Grants for Renewable Energy

Education for the Nation

(GREEN) Act

Introduced on June 13, 2013;

referred to the House Committee

on Education and Workforce

Authorizes the Secretary of Education to award grants

to develop programs of study in climate change

mitigation and adaptation, among other areas.

H.R. 2498

Loebsack

Agriculture Reform, Food,

and Jobs Act of 2013

Introduced on June 25, 2013;

referred to the House Committee

on Agriculture

Amends the Global Climate Change Prevention Act of

1990 (7 U.S.C. §6704) by extending appropriation

authority for the Office of International Forestry from

FY2012 to FY2018; directs the Secretary of Agriculture

to revise the strategic plan for forestry inventory (16

U.S.C. §1642) by describing needs to address, among

other issues, information on renewable biomass supplies

and carbon stocks at the local, state, regional, and

national level; establishes the Regional Conservation

Partnership Program, which allows for the

“enhancement of carbon sequestration” as an “eligible

activity;” directs the Secretary of Agriculture to provide

scientific information for pulse crops, such as research

on improving nitrogen fixation to reduce the carbon and

energy footprint of agriculture

H.R. 2553

DeLauro

National Infrastructure

Development Bank Act of

2013

Introduced on June 27, 2013;

referred to multiple committees

Establishes a National Infrastructure Development Bank

to support infrastructure projects; multiple factors

determine project funding, including reduction in GHG

emissions

CRS-10

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

H.R. 2601

Pallone

Beach Act of 2013

Introduced on June 28, 2013;

referred to the House Committee

on Transportation and Infrastructure

Directs the Administrator of EPA to conduct a study on

the long-term impact of climate change on pathogenic

contamination of coastal recreation waters

H.R. 2610

Latham

Transportation, Housing and

Urban Development, and

Related Agencies

Appropriations Act, 2014

Introduced on July 2, 2013; reported

by the House Committee on

Appropriations on July 2, 2013

(H.Rept. 113-136)

Prohibits federal funds from being used to implement

the aviation activities pursuant to the European Union

Emission Trading System

H.R. 2641

Marino

Responsibly And

Professionally Invigorating

Development (RAPID) Act of

2014

Introduced July 10, 2013; reported

by the House Committee on

Judiciary on February 27, 2014

(H.Rept. 113-363); passed House on

March 6, 2014

Prohibits a lead agency from using the social cost of

carbon in an environmental review or decision-making

process

H.R. 2642

Lucas

Federal Agriculture Reform

and Risk Management Act of

2013

Introduced on July 10, 2013; passed

House on July 11, 2013; S. 954

passed Senate on July 18, 2013;

signed by the President February 7,

2014 (P.L. 113-79)a

Amends the Global Climate Change Prevention Act of

1990 (7 U.S.C. §6704) by reauthorizing the Office of

International Forestry through FY2018 to receive such

sums as necessary subject to appropriations; directs the

Secretary of Agriculture to revise the strategic plan for

forestry inventory (16 U.S.C. §1642) by describing needs

to address, among other issues, information on

renewable biomass supplies and carbon stocks at the

local, state, regional, and national level

H.R. 2685

McNerney

Smart Grid Advancement Act

of 2013

Introduced on July 11, 2013; referred

to the House Committee on Energy

and Commerce

Directs EPA and Department of Energy to each prepare

analyses of, among other things, energy saving and GHG

emission reductions associated with assessments of

Energy Star products

H.R. 2855

Granger

Not provided

Introduced on July 30, 2013;

reported by the House Committee

on Appropriations on July 30, 2013

(H.Rept. 113-185)

Eliminates appropriations to several international funds,

including the Strategic Climate Fund and the Clean

Technology Fundb

H.R. 2863

Payne

Growing Responsible Energy

Efficient Neighborhoods Jobs

Act of 2013

Introduced on July 30, 2013; referred

to the House Committee on

Financial Services

Amends the Community Development Banking and

Financial Institutions Act of 1994 (12 U.S.C. §4707) by

authorizing financial assistance to support “green jobs,”

which the bill defines as those that, among other things,

reduce GHG emissions

CRS-11

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

H.R. 2948

Matheson

Transparency in Regulatory

Analysis of Impacts on the

Nation Act of 2013

Introduced on August 1, 2013;

referred to the House Committee

on Energy and Commerce and

Committee on Transportation and

Infrastructure

Directs the President to establish a Committee to

analyze certain EPA regulatory activities, including

specific emission standards and rules intended to

address climate change; the Committee is to examine

various economic impacts from the regulatory activity,

solicit public comments, and submit the analyses to

Congress

H.R. 3033

Latta

Energy Security and

Employment Act

Introduced on August 2, 2013;

referred to multiple committees

Prohibits the federal government (with some

exceptions) from promulgating or implementing

regulations that control GHG emissions

H.R. 3042

Murphy

Taking Hold of Regulations to

Increase Vital Employment In

Energy Act

Introduced on August 2, 2013;

referred to the House Committee

on Oversight and Government

Reform and Committee on the

Judiciary

Prohibits federal agencies from using the social cost of

carbon to incorporate benefits of carbon dioxide

emission reduction in regulatory analysis

H.R. 3140

Capito

Ensure Reliable and

Affordable American Energy

Act of 2013

Introduced on September 19, 2013;

referred to the House Committee

on Energy and Commerce

Amends the Clean Air Act to prohibit EPA from

promulgating regulations that would address carbon

dioxide emissions at fossil fuel electric generating unit

unless a “sufficient number” of nations establish

analogous requirements

H.R. 3355

Guthrie

Reducing Employer Burdens,

Unleashing Innovation, and

Labor Development Act of

2013

Introduced on October 28, 2013;

referred to multiple committees

Prohibits EPA from using a social cost of carbon

estimate in energy-related rulemakings that are

estimated to cost more than $1 billion

H.R. 3563

Langevin

Federal Employees

Responsible Investment Act

Introduced on November 20, 2013;

referred to the House Committee

on Oversight and Government

Reform

Provides for a Corporate Responsibility Stock Index

Fund within the Thrift Savings Plan; one of the criteria

for selecting the index is environmental practices,

including GHG emissions and contribution to climate

change

H.R. 3702

Kingston

Refinery Regulatory

Reduction Act of 2013

Introduced on December 11, 2013;

referred to the House Committee

on Energy and Commerce

Delays the effective date of an EPA rulemaking that

would addresses GHG emissions at petroleum refineries

until (1) EPA submits a report describing the rule’s

impacts and (2) Congress enacts legislation setting the

rule’s effective date

CRS-12

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

H.R. 3727

McKinley

Keep the EPA Honest Act of

2013

Introduced on December 12, 2013;

referred to the House Committee

on Energy and Commerce

Prohibits EPA from proposed CO2 emission standards

for existing electric generators until the agency has

finalized CO2 emission standards for new electric

generators

H.R. 3826

Whitfield

Electricity Security and

Affordability Act

Introduced on January 9, 2014;

reported by the House Committee

on Energy and Commerce on

February 28, 2014 (H.Rept. 113365); passed by the House on March

6, 2014

Prohibits EPA from issuing a rule that would establish

GHG performance standards at electric generators

unless specific conditions are met; such a rule cannot

take effect without the enactment of subsequent

legislation specifying the effective date

H.R. 3895

Duncan

Energy Exploration and

Production to Achieve

National Demand (EXPAND)

Act

Introduced on January 16, 2014;

referred to multiple committees

Amends the CAA by explicitly excluding carbon dioxide

from the definition of “air pollutant”

H.R. 3963

Huffman

Federal Leadership in Energy

Efficient Transportation

(FLEET) Act of 2014

Introduced on January 29, 2014;

referred to the House Committee

on Oversight and Government

Reform and Committee on Energy

and Commerce

Directs the Postmaster General to develop guidelines

that would upgrade the carbon dioxide emission

standards and fuel economy for the fleet of Postal

Service vehicles

H.R. 4159

Johnson

America Competes

Reauthorization Act of 2014

Introduced on March 6, 2014

Amends the Department of Energy Organization Act (42

U.S.C. §7139) by modifying the duties of the

Department of Energy Office of Science to specifically

include climate research and modeling activities

Senate Proposals

S. 10

Reid

Agriculture Reform, Food,

and Jobs Act of 2013

Introduced on January 22, 2013;

referred to the Senate Committee

on Agriculture, Nutrition, and

Forestry

Amends the Global Climate Change Prevention Act of

1990 (7 U.S.C. §6704) by authorizing $10 million

annually between FY2014 and FY2018 to support the

Office of International Forestry

S. 17

Vitter

Energy Production and

Project Delivery Act of 2013

Introduced on February 27, 2013;

referred to the Senate Committee

on Energy and Natural Resources

Amends the Endangered Species Act (16 U.S.C. §1539)

to prohibit the consideration of the impacts of climate

change on fish, wildlife, or plant species during the

implementation of the act

CRS-13

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

S. 106

Vitter

Public Access to Historical

Records Act

Introduced on January 23, 2013;

referred to the Senate Committee

on Commerce, Science, and

Transportation

Directs the National Aeronautics and Space

Administration to establish an official dataset of the

historical temperature record; requires climate

researchers to use this dataset as at least one of their

primary sources of historical temperatures, in order to

receive federal funding for their climate research

S. 107

Vitter

Not provided

Introduced on January 23, 2013;

referred to the Senate Committee

on Environmental and Public Works

Prohibits EPA or other federal agencies from issuing

regulations or taking other action that requires carbon

dioxide emission reductions until China, India, and

Russia have implemented comparable measures

S. 163

Vitter

Not provided

Introduced on January 28, 2013;

referred to the Senate Committee

on Environmental and Public Works

Prohibits EPA and other federal agencies from regulating

or taking other action that requires carbon dioxide or

GHG emission reductions until China, India, and Russia

have implemented comparable measures

S. 332

Sanders

Climate Protection Act of

2013

Introduced on February 14, 2013;

referred to the Senate Committee

on Environment and Public Works

Establishes a fee on fossil fuels based on the material’s

carbon dioxide (and methane) content

See details in Table 3 below

S. 360

Udall

Public Lands Service Corps

Act of 2013

Introduced on February 14, 2013;

reported by the Senate Committee

on Energy and Natural Resources on

September 10, 2013 (S.Rept. 113101)

Amends the Public Lands Corps Act of 1993 (16 U.S.C.

§1721 et seq.) by modifying the conservation projects

program to include projects that “enhance adaptability

and resilience of eligible service lands and resources to

climate change”

S. 387

Rockefeller

American Infrastructure

Investment Fund Act

Introduced on February 26, 2013;

referred to the Senate Committee

on Commerce, Science, and

Transportation

Establishes the American Infrastructure Investment Fund

to finance projects that, among other objectives,

improve the environmental sustainability of a national or

regional transportation network, which is partially

measured by reduction in GHG emissions; GHG

emission reduction is a factor in project funding

decisions

S. 570

Bennet

Clean Energy Race to the

Top Act of 2013

Introduced on March 14, 2013l

referred to the Senate Committee

on Finance

Establishes a grant program in the Department of Energy

to support clean energy and carbon reduction measures,

including participation in a regional GHG reduction

program

CRS-14

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

S. 839

Nelson

Coral Reef Conservation

Amendments Act of 2013

Introduced on April 25, 2013;

referred to the Senate Committee

on Commerce, Science, and

Transportation

Directs the Administrator of the National Oceanic and

Atmospheric Administration to address climate change

in a national coral reef ecosystem action strategy

S. 923

Udall

Balancing Food, Farm, and

the Environment Act of 2013

Introduced on May 9, 2013; referred

to the Senate Committee on

Agriculture, Nutrition, and Forestry

Amends the Food Security Act of 1985 (16 U.S.C.

§3839aa) by altering the stated purposes of the

environmental quality incentives program to include

support for climate change adaptation; establishes a

regional conservation partnership program that, among

other elements, encourages producers to employ

practices/systems that mitigate climate change effects

S. 954

Stabenow

Agriculture Reform, Food,

and Jobs Act of 2013

Introduced on May 14, 2013;

reported by the Senate Committee

on Agriculture, Nutrition, and

Forestry on May 14, 2013 (S.Rept.

113-88); passed the Senate June 10,

2013 (see H.R. 2642, which became

P.L. 113-79 on February 7, 2014)

Amends the Global Climate Change Prevention Act of

1990 (7 U.S.C. §6704) by extending appropriation

authority for the Office of International Forestry from

FY2012 to FY2018; directs the Secretary of Agriculture

to revise the strategic plan for forestry inventory (16

U.S.C. §1642) by describing needs to address, among

other issues, information on renewable biomass supplies

and carbon stocks at the local, state, regional, and

national level; establishes the Regional Conservation

Partnership Program, which allows for the

“enhancement of carbon sequestration” as an “eligible

activity;” directs the Secretary of Agriculture to provide

scientific information for pulse crops, such as research

on improving nitrogen fixation to reduce the carbon and

energy footprint of agriculture

CRS-15

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

S. 1202

Whitehouse

Safeguarding America’s

Future and Environment

(SAFE) Act

Introduced on June 20, 2013;

referred to the Senate Committee

on Environment and Public Works

Directs the President to establish a Natural Resources

Climate Change Adaptation Panel, comprised of federal

agency officials and State and tribal representatives;

requires the panel to adopt a climate adaptation

strategy; creates a science advisory board to advise the

panel on related issues; establishes a National Climate

Change and Wildlife Science Center within the U.S.

Geological Survey to develop means of addressing

climate change impacts; requires federal agencies on the

panel to prepare natural resource adaptation plans;

provides adaptation funding (through existing programs)

to states if they develop adaptation plans

S. 1205

Franken

Local Energy Supply and

Resiliency Act of 2013

Introduced on June 20, 2013;

referred to the Senate Committee

on Energy and Natural Resources

Directs the Secretary of Energy to establish a technical

assistance program to support energy infrastructure

activities; the Secretary shall prioritize projects based on

several factors, including minimizing environmental

impacts, such as GHG emissions; reducing GHG

emissions is a stated purpose of the bill

S. 1324

Barrasso

National Energy Tax Repeal

Act

Introduced on July 18, 2013; referred

to the Senate Committee on

Environment and Public Works

Prohibits a federal agency from promulgating regulations

relating to power sector carbon pollution standards

unless specifically authorized by Congress

S. 1372

Leahy

Department of State, Foreign

Operations, and Related

Programs Appropriations

Act, Fiscal Year 2014

Introduced on July 25, 2013;

reported by Senate Committee on

Appropriations on July 25, 2013

(S.Rept. 113-81)

Appropriates funds to support international climate

change activities, including adaptation efforts and

support for the International Panel on Climate Change

S. 1508

Cardin

Water Infrastructure

Resiliency and Sustainability

Act of 2013

Introduced on September 17, 2013;

referred to the Senate Committee

on Environment and Public Works

Authorizes EPA to establish a grant program for water

systems that, among other objectives, would increase

their adaptability; the receipt of funds is subject to

several conditions, including that a modified, replaced, or

newly constructed water system not increase net

greenhouse gas emissions

CRS-16

Bill Number

Sponsor

Short Title (if provided)

Major Actions

Key Provisions That Directly Address

Climate Change

S. 1536

Flake

Agency PAYGO Act of 2013

Introduced on September 23, 2013;

referred to the Senate Committee

on Environment and Public Works

Requires the EPA Administrator to include in any

proposed rule that limits GHG emissions and imposes

increased costs on other federal agencies an offset from

funds available to the Administrator for all projected

increased costs that the proposed rule would impose on

other federal agencies

S. 1548

Durbin

Haiti and Armenia

Reforestation Act of 2013

Introduced on September 25, 2013;

referred to the Senate Committee

on Foreign Relations

Authorizes the President to provide financial assistance

to Haiti and Armenia to, among other objectives, reduce

deforestation and improve rates of reforestation

S. 1746

Whitehouse

Federal Employees

Responsible Investment Act

Introduced on November 20, 2013;

referred to the Senate Committee

on Homeland Security and

Governmental Affairs

Provides for a Corporate Responsibility Stock Index

Fund within the Thrift Savings Plan; one of the criteria

for selecting the index is environmental practices,

including GHG emissions and contribution to climate

change

S. 1905

Manchin

Electricity Security and

Affordability Act

Introduced on January 9, 2014;

referred to the Senate Committee

on Environment and Public Works

Prohibits EPA from issuing a rule that would establish

GHG performance standards at electric generators

unless specific conditions are met; such a rule cannot

take effect without the enactment of subsequent

legislation specifying the effective date

Source: Prepared by CRS.

For further information, see CRS Report R43076, The 2014 Farm Bill (P.L. 113-79): Summary and Side-by-Side, coordinated by (name redacted).

For further information on these funds, see CRS Report R41302, International Climate Change Financing: The Climate Investment Funds (CIFs), by (name redacted).

CRS-17

Table 3. Comparison of Selected Market-Based, Carbon Price Programs

Proposals in the 113th Congress Compared to Existing State and International Programs

Program

S. 332

Start Date

2014 or 180 days

after enactment

Scope

Establishes a fee on coal, petroleum,

and natural gas based on the

material’s carbon dioxide (and

methane) content, as determined by

EPA

This fee would address between 79%

and 85% of U.S. GHG emissions,

depending on which sources are

subject to the feea

A carbon equivalency fee would apply

to imports of carbon pollutionintensive goods

Emission

Reduction Targets

Expected or

Observed Prices

Distribution of Revenue or

Allowance Value

A short-term target

(e.g., 2020) is not

provided, but the bill

lists a goal of GHG

emissions at 80%

below 2005 levels by

2050

The fee would start at

$20/ton CO2 and

increase by 5.6% each

year for 12 years;

after that time, the

fee remains flat, but is

subject to further

evaluation in an EPA

report to Congress

60% distributed to EPA to provide

monthly rebates to legal residents

40% finances a trust fund that

distributes the following amounts

annually for 10 years:

-$7.5 billion to mitigate economic

impacts of Energy Intensive Trade

Exposed (EITE) industries (25% must

be energy efficiency investments in

EITE industries)

-$5 billion to support the

Weatherization Assistance Program

-$1 billion for job training and

transition assistance

-$2 billion for Advanced Research

Projects Agency-Energy

Any remaining funds in the trust fund

are applied to deficit reduction

Revenues from the carbon

equivalency fee on imports:

50% to EPA to distribute to state/local

programs for adaptation,

infrastructure improvement, and

environmental protection

50% to the Department of

Transportation to support state/local

critical infrastructure and

transportation projects that reduce

vehicular traffic

CRS-18

Program

Regional

Greenhouse

Gas Initiative

(RGGI)b

Start Date

2009

Scope

A cap-and-trade system that covers

CO2 emissions from electric

generators (above 25 Megawatts) in

the nine RGGI statesc

Covered emissions account for

approximately 22% of all GHG

emissions in the RGGI statesd

In 2014, the RGGI states reduced

their overall cap by 45% to match

2012 emission levels; between 2015

and 2020, the cap will decline by 2.5%

each year

Californiae

2013

A cap-and-trade system that applies

to multiple GHG emissions from

electric generators and importers

(emitting above 25,000 metric tons)

and large industrial facilities; in 2015,

applies to fuel distributors; eventually

covers approximately 85% of

California’s GHG emissions

The cap-and-trade program is part of

an overall goal of reducing California

GHG emissions to 1990 levels by

2020

CRS-19

Emission

Reduction Targets

Expected or

Observed Prices

Distribution of Revenue or

Allowance Value

The initial objective of

the cap was to

stabilize CO2

emissions for several

years (2009-2014) at

the expected 2009

levels (based on 2005

assumptions), and

then decrease them

by 10% from the 2009

level by 2019

The March 5, 2014,

auction clearing price

was $4.00/tCO2

RGGI states (as a group) have

contributed the majority of the

emission allowance value (65%) to

support energy efficiency, renewable

energy, or other climate-related

efforts

The 2013 cap set at

2% below levels

projected for 2012;

declines by 2% in

2014 and 3% each

year between 2015

and 2020

Auction clearing

prices have ranged

from $1.86/tCO2 to

$4.00/tCO2

Auction price floor

initially at $10/tCO2e,

increasing annually by

5% + inflation

A limited number of

reserve allowances

sold at tiered pricing,

up to $50/tCO2e;

tiers increase by 5% +

inflation

In the most recent

auction (February 19,

2014),f the settlement

price was

$11.48/tCO2e

In 2015 (when all covered sectors are

subject), approximately 23% of

allowance value is distributed to

electrical distribution utilities (to

benefit consumers); other allocation

percentages are uncertain at this time

Program

European

Union

Emissions

Trading

Scheme (EU

ETS)g

Start Date

2005

Scope

A cap-and-trade system that covers

CO2 emissions from 10,000 energyintensive facilities across the 27 EU

Member countries, including electric

generating facilities, and as of 2012,

aviation emissions

Emission

Reduction Targets

Expected or

Observed Prices

Distribution of Revenue or

Allowance Value

21% below 2005

levels by 2020

The emission

allowance price in the

EU ETS is subject to

market forces and has

ranged from over €30

to less than €1. On

March 11, 2014, the

allowance price was

€6.81i

In 2013, 40% of allowances sold at

auction, the rest are distributed at no

charge to covered entities

In 2012 the price for

facilities is

$24/tCO2e, increasing

2.5% each year

Over 50% of the revenues distributed

(directly or indirectly) to households;

approximately 40% of revenues used

to provide transition assistance to

industry

Covered entities emit about 45% of

the EU’s CO2 emissions

At least 50% of auction revenues

“should be used to combat climate

change in Europe or other countries.”j

Several EU countries levy taxes or

fees on emissions from sectors or

sources of emissions not covered by

the EU ETSh

Australiak

2012

A tax covers emissions of CO2,

methane, and nitrous oxide from

facilities that emit over 25,000 tCO2e

per year; facilities must purchase

carbon permits based on annual

emissions or permits acquired

through other means.

Overall goal to

reduce to 5% below

2000 GHG emission

levels by 2020l

Natural gas retailers are subject

based on gas supplied to customers

Covers perfluorocarbon emissions

from the aluminum sector

Source: Prepared by CRS.

For a discussion of different options for imposing the fee, see Appendix A in CRS Report R42731, Carbon Tax: Deficit Reduction and Other Considerations, by (name red

acted), (name redacted), and (name redacted).

For more details, see CRS Report R41836, The Regional Greenhouse Gas Initiative: Lessons Learned and Issues for Policymakers, by (name redacted).

New Jersey participated in the program from 2009 through the end of 2011. See http://rggi.org/design/history/njparticipation.

Based on 2009 data from World Resources Institute, Climate Analysis Indicators Tool (CAIT US) Version 5.0, 2012, at http://cait.wri.org.

For further details, see the Air Resources Board website at, http://www.arb.ca.gov/cc/capandtrade/capandtrade.htm.

CRS-20

In the November 14, 2012 auction, the settlement price was $10.09; in the February 19, 2013 auction, the settlement price was $13.62.

For more details, see CRS Report R42392, Aviation and the European Union’s Emission Trading Scheme, by (name redacted), (name redacted), and (name redacted).

The nations include Finland, Sweden, Norway, Denmark, and the United Kingdom.

See e.g., http://www.eex.com.

See http://ec.europa.eu/clima/policies/ets/cap/auctioning/index_en.htm.

There has been recent interest in repealing the carbon tax. For more up-to-date details see Australian Government, Department of the Environment, at

http://www.climatechange.gov.au/.

This reduction goal involves other climate-related policies described in Australia’s 2011 Climate Change Plan.

CRS-21

Climate Change Legislation in the 113th Congress

Author Contact Information

(name redacted)

Specialist in Environmental Policy

/redacted/@crs.loc.gov, 7-....

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