# Climate Change Legislation in the 113th Congress

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/crs%3AR43230

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** March 12, 2014
- **Citation:** R43230

## Text

Climate Change Legislation
in the 113th Congress
name redacted
Specialist in Environmental Policy
March 12, 2014

Congressional Research Service
7-....
www.crs.gov
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

1

For more information on energy policy, including energy efficiency legislation, see CRS Report R42756, Energy
Policy: 113th Congress Issues, by (name redacted).
2
Congressional resolutions that address climate change-related issues are likewise not included in this report.
3
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).
4
The text of this “discussion draft” is available at http://www.whitehouse.senate.gov/download/?id=17727510-aaba44c5-821c-ca3499bfd999.

Congressional Research Service

1

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

x

H.R. 71

x

H.R. 367
H.R. 400

x
x

x

H.R. 518

x

H.R. 547
H.R. 570

x

H.R. 621

x

H.R. 662

x

H.R. 764
H.R. 974

x
x

H.R. 1137
H.R. 1138

x
x

H.R. 1187
H.R. 1348

x
x

H.R. 1351

x
x

H.R. 1486

x

H.R. 1582

x

H.R. 1793

CRS-2

x

x

x

Bill Number

H.R. 1807

Carbon Price

Other Mitigation

Research

Adaptation—
Planning

International
Activities

x

H.R. 1834

x

x

H.R. 1881
H.R. 1890

Prohibit or Limit
Climate Change
Activities or
Considerations

x
x

H.R. 1943

x
x

H.R. 1947

x

H.R. 2023

x

x

x

H.R. 2081

x

H.R. 2368

x

H.R. 2498

x

H.R. 2553

x

H.R. 2601

x

x
x

x

H.R. 2610

x

H.R. 2641

x

H.R. 2685

x

H.R. 2855
H.R. 2863
H.R. 2948

x

x

x
x

H.R. 3033

x

H.R. 3042

x

H.R. 3140

x

H.R. 3702

x

H.R. 3727

x

CRS-3

Bill Number

Carbon Price

Other Mitigation

Research

Adaptation—
Planning

International
Activities

Prohibit or Limit
Climate Change
Activities or
Considerations

H.R. 3826

x

H.R. 3895

x

H.R. 3963

x

H.R. 4159

x
Senate Proposals

S. 10

x

S. 17

x

S. 106

x

S. 107

x

S. 163

x

S. 332

x

S. 360

x

S. 387

x

S. 570

x

S. 839

x

S. 923

x

S. 954

x

S. 1202

x
x
x

x
x

S. 1324

x

S. 1372

x

S. 1508

x

S. 1536

CRS-4

x
x

Bill Number

Carbon Price

Other Mitigation

S. 1548

x

S. 1746

x

S. 1905

Research

Adaptation—
Planning

International
Activities

Prohibit or Limit
Climate Change
Activities or
Considerations

x
x

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.
a.

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

b.

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.
a.

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).

b.

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

c.

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

d.

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

e.

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

CRS-20

f.

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

g.

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

h.

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

i.

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

j.

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

k.

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/.

l.

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-....

Congressional Research Service

22

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR43230. Public record. Not legal advice.