# Market-Based Greenhouse Gas Emission Reduction Legislation: 108th Through 118th Congresses

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/crs%3AR45472

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** December 4, 2024
- **Citation:** R45472

## Text

Market-Based Greenhouse Gas Emission
Reduction Legislation: 108th Through 118th
Congresses
Updated December 4, 2024

Congressional Research Service
https://crsreports.congress.gov
R45472

SUMMARY

Market-Based Greenhouse Gas Emission
Reduction Legislation: 108th Through 118th
Congresses

R45472
December 4, 2024
Jonathan L. Ramseur
Specialist in Environmental
Policy

Members of Congress have expressed a range of perspectives regarding climate change issues
and the policy options that address greenhouse gas (GHG) emissions. For example, between the
112th Congress and the 118th Congress, Members introduced resolutions in either the House,
Senate, or both chambers expressing the view that a carbon tax is not in the economic interests of
the United States. During this same time period, a number of Members introduced proposals that would limit GHG emissions
through market-based approaches.
Market-based approaches that address GHG emissions typically involve either a cap-and-trade system or a carbon tax or
emissions fee program. Both approaches would place a price—directly or indirectly—on GHG emissions or their inputs,
namely fossil fuels. Both would increase the price of fossil fuels, and both would reduce GHG emissions to some degree.
Both would allow covered entities to choose the best way to meet their emission requirements or reduce costs, potentially by
using market forces to minimize national costs of emission reductions. Preference between the two approaches ultimately
depends on which variable policymakers prefer to precisely control—GHG emissions levels or GHG emissions prices.
A primary policy concern with either approach is the economic impacts that may result. Expected energy price increases
could have both economy-wide impacts (e.g., on the U.S. gross domestic product) and disproportionate effects on specific
industries and particular demographic groups. The degree of these potential effects would depend on a number of factors,
including the magnitude, design, and scope of the program and the use of tax or fee revenues or emission allowance values.
As the figure below illustrates, between the 108th and 111th Congresses, most of the introduced bills would have established
cap-and-trade systems. Between the 112th and 118th Congresses, most of the introduced bills would have established carbon
tax or emissions fee programs. The proposals range in the scope of emissions covered from carbon dioxide (CO2) emissions
from fossil fuel combustion to multiple GHG emissions from a broader array of sources. In addition, the proposals differ by
how, to whom, and for what purpose the fee revenues or allowance value would be applied.

Number and Type of Introduced GHG Emission Reduction Bills
108th Congress through 118th Congress

Source: Prepared by CRS.
Notes: “Other Approaches” include (1) proposals that did not specify the overall framework but would have authorized EPA to
establish a GHG emission reduction program and (2) proposals that combine elements from a cap-and-trade system with price
control features in a carbon tax or emissions fee system, sometimes described as hybrid approaches.

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This report includes a separate table for each Congress, comparing GHG emission reduction legislation by the following
characteristics:

•

General framework: the proposed program structure and scope in terms of emissions covered, multiple
GHG emissions, or just CO2 emissions.

•

Covered entities/materials: a list of the industries, sectors, or materials that would be subject to the
program.

•
•

Emissions limit or target: the GHG or CO2 emissions target or cap for a specified year.

•

Offset and international allowance treatment: the degree to which offsets and international allowances
could be used for compliance purposes and the types of offset activities that would qualify.

•

Mechanism to address carbon-intensive imports: a U.S. GHG reduction program may create a
competitive disadvantage for some domestic businesses, particularly carbon-intensive, trade-exposed
industries.

•

Additional GHG reduction measures: other mechanisms designed to further reduce GHG emissions that
are not covered in the central program.

Distribution of allowance value or tax revenue: how emission allowance value or carbon tax or fee
revenue would be distributed.

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Contents
Introduction ..................................................................................................................................... 1
Background ..................................................................................................................................... 3
What Is a GHG Emissions Cap-and-Trade System? ................................................................. 4
What Is a Carbon Tax or Emissions Fee?.................................................................................. 4
GHG Emission Reduction Legislation by Congress ....................................................................... 5

Figures
Figure 1. Number and Type of Market-Based GHG Emission Reduction Bills Introduced
in 108th Congress Through 118th Congress................................................................................... 3

Tables
Table 1. GHG Emission Reduction Proposals: 108th Congress ....................................................... 7
Table 2. GHG Emission Reduction Proposals: 109th Congress ..................................................... 10
Table 3. GHG Emission Reduction Proposals: 110th Congress ..................................................... 17
Table 4. GHG Emission Reduction Proposals: 111th Congress ..................................................... 27
Table 5. GHG Emission Reduction Proposals: 112th Congress ..................................................... 35
Table 6. GHG Emission Reduction Proposals: 113th Congress ..................................................... 37
Table 7. GHG Emission Reduction Proposals: 114th Congress ..................................................... 40
Table 8. GHG Emission Reduction Proposals: 115th Congress ..................................................... 46
Table 9. GHG Emission Reduction Proposals: 116th Congress ..................................................... 58
Table 10. GHG Emission Reduction Proposals: 117th Congress ................................................... 71
Table 11. GHG Emission Reduction Proposals: 118th Congress ................................................... 84

Contacts
Author Information........................................................................................................................ 92

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Introduction
Human activities, particularly fossil fuel combustion and industrial operations, have increased the
atmospheric concentration of carbon dioxide (CO2) and other greenhouse gases (GHGs) since the
late 1700s. In particular, the atmospheric concentration of CO2 has increased by 49%.1 Climate
science indicates that these GHG increases have contributed to a warmer climate today and that,
if they continue, they will contribute to future climate change.2 Although a range of actions that
seek to reduce GHG emissions are currently under way or being developed on the international3
and subnational level (e.g., individual state actions or regional partnerships),4 federal
policymakers and stakeholders have different viewpoints over what, if anything, to do about
future climate change and related impacts.
Members of Congress have expressed a range of perspectives regarding climate change issues.
For example, between the 112th Congress and going through the 118th Congress, Members
introduced resolutions in either the House, Senate, or both chambers expressing the view that a
carbon tax is not in the economic interests of the United States. In 2016, 2018, and 2024, the
House passed resolutions expressing this perspective (H.Con.Res. 89, H.Con.Res. 119, and
H.Res. 1085, respectively).
During this same time period, a number of Members introduced proposals that would limit GHG
emissions through market-based approaches, such as a GHG emission cap-and-trade program or a
GHG emissions tax (often referred to as a carbon tax) or fee. In general, a market-based approach
would place a price on GHG emissions (e.g., through an emissions cap or emission tax or fee),
allowing covered entities to determine their pathway of compliance.5 This report focuses on these
types of approaches to address GHG emissions.
Other approaches involve a range of policy options, including performance-based or technologybased standards (e.g., best available control technology), public investment, and tax policies.6
Although not discussed in this report, Members have introduced multiple, nonmarket-based
proposals that would have likely resulted in reductions in GHG emissions. Several of these

1 U.S. Environmental Protection Agency (EPA), “EPA’s Climate Change Indicators in the United States,”

https://www.epa.gov/climate-indicators/climate-change-indicators-atmospheric-concentrations-greenhouse-gases.
2 See U.S. Global Change Research Program, Fifth National Climate Assessment, 2023,
https://nca2023.globalchange.gov/; and Intergovernmental Panel on Climate Change, Climate Change 2023: Synthesis
Report, Summary for Policymakers, 2023, https://www.ipcc.ch/report/sixth-assessment-report-cycle/.
3 Some countries have levied carbon taxes (or something similar) for over 20 years. For a review of carbon prices in
other countries, see World Bank, State and Trends of Carbon Pricing 2024, 2024,
https://openknowledge.worldbank.org/entities/publication/b0d66765-299c-4fb8-921f-61f6bb979087. For example, the
European Union established a cap-and-trade program in 2005 and covers emissions from the electricity sector, selected
energy-intensive industries, and aviation. For an additional source of country specific information, see Climate Action
Tracker, https://climateactiontracker.org; and Climate Watch, https://www.climatewatchdata.org/.
4 In the United States, cap-and-trade programs operate in a number of states: California, Washington, and in the
Regional Greenhouse Gas Initiative (RGGI), a program involving a number of Northeast states.
5 The 1990 Clean Air Act Amendments established a market-based cap-and-trade program to control the air emissions
(sulfur dioxide and nitrogen oxides) that lead to acid rain. Although controversial at its inception, the program is widely
considered a success. See, for example, Gabriel Chan et al., The SO2 Allowance Trading System and the Clean Air Act
Amendments of 1990: Reflections on Twenty Years of Policy Innovation, Harvard Environmental Economics Program,
2012, https://www.belfercenter.org/sites/default/files/legacy/files/so2-brief_digital4_final.pdf.
6 See CRS In Focus IF11791, Mitigating Greenhouse Gas Emissions: Selected Policy Options, by Jonathan L. Ramseur
et al..

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proposals were enacted, including tax incentives to promote renewable energy sources7 and
carbon capture and sequestration efforts.8
In particular, on August 16, 2022, President Biden signed H.R. 5376 (P.L. 117-169), a budget
reconciliation measure commonly referred to as the “Inflation Reduction Act of 2022” (IRA).
IRA contains eight titles, each with some provisions that directly or indirectly address issues
related to climate change, including reduction of GHG emissions or promotion of adaptation and
resilience to climate change impacts.9 Among other provisions, IRA includes a charge on methane
emissions from selected entities in the oil and gas industry. The methane emissions charge applies
only to methane emissions from specific types of facilities that are required to report their GHG
emissions to the Environmental Protection Agency’s (EPA’s) Greenhouse Gas Emissions
Reporting Program. This charge is the first time the federal government has directly imposed a
charge, fee, or tax on GHG emissions. In 2024, EPA issued a final rule to implement this
authority.10 EPA is scheduled to begin collecting the fee in 2025.11
This report provides a comparison of the legislative proposals from the 108th through the 118th
Congresses that were and are designed primarily to reduce GHG emissions using market-based
approaches, such as cap-and-trade or carbon tax/fee programs. As Figure 1 illustrates, between
the 108th and 111th Congresses, most of the market-based climate mitigation bills would have
established cap-and-trade systems. In the 111th Congress, Members offered multiple and varied
proposals,12 ultimately resulting in the House passage of H.R. 2454, an economy-wide cap-andtrade bill.13 A companion bill in the Senate (S. 1733, 111th Congress) was ordered reported from
the Committee on Environment and Public Works, but the bill was not brought to the Senate floor
for consideration.
In subsequent Congresses, some Members continued to offer GHG emission control legislation,
but these proposals saw minimal legislative activity. Between the 112th and 118th Congresses,
most of the introduced bills would have established carbon tax or emissions fee programs.
The proposals in the 118th Congress range in their scope of emissions covered from CO2
emissions from fossil fuel combustion to multiple GHG emissions from a broader array of
sources. In addition, the proposals differ by how, to whom, and for what purpose the fee revenues
or allowance value would be applied. Some economic analyses indicate that policy choices to
distribute the tax, fee, or emission allowance revenue would yield greater economic impacts than
the direct impacts of the carbon price.14

7

See CRS In Focus IF11316, A Brief History of U.S. Electricity Portfolio Standard Proposals, by Ashley J. Lawson.

8 See CRS Report R44902, Carbon Capture and Sequestration (CCS) in the United States, by Angela C. Jones and

Ashley J. Lawson.
9 For more details, see CRS Report R47262, Inflation Reduction Act of 2022 (IRA): Provisions Related to Climate
Change, coordinated by Jonathan L. Ramseur.
10 EPA, “Waste Emissions Charge for Petroleum and Natural Gas Systems,” 89 Federal Register 5318, November 18,
2024.
11 For more information, see CRS Report R47206, Inflation Reduction Act Methane Emissions Charge: In Brief, by
Jonathan L. Ramseur.
12 See CRS Report R40556, Market-Based Greenhouse Gas Control: Selected Proposals in the 111th Congress, by
Larry Parker, Brent D. Yacobucci, and Jonathan L. Ramseur.
13 H.R. 2454 (111th Congress), which was introduced by Reps. Waxman and Markey, would have covered
approximately 85% of the U.S. GHG emissions. Although not complete coverage, this approach is typically described
as economy-wide.
14 For more information, see CRS Report R45625, Attaching a Price to Greenhouse Gas Emissions with a Carbon Tax
or Emissions Fee: Considerations and Potential Impacts, by Jonathan L. Ramseur and Jane A. Leggett.

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The first section of this report provides background information on cap-and-trade and carbon tax
or emission fee programs. The second section compares the GHG emission reduction legislation
in each Congress (108th-118th).
Figure 1. Number and Type of Market-Based GHG Emission Reduction Bills
Introduced in 108th Congress Through 118th Congress

Source: Prepared by CRS.
Notes: “Other Approaches” include (1) proposals that did not specify the overall framework but would have
provided EPA with the authority to establish a GHG emission reduction program and (2) proposals that combine
elements from a cap-and-trade system with price control features in a carbon tax or emissions fee system,
sometimes described as hybrid approaches.

Background
Over the last 20 years, broad GHG emission reduction legislation has often involved marketbased approaches, such as cap-and-trade systems or carbon tax programs. Market-based
approaches generally rely on private-sector choices and market forces to minimize the costs of
emission reductions and spur innovation.15 Both carbon tax and GHG emissions cap-and-trade
programs would place a price—directly or indirectly—on GHG emissions or their inputs (e.g.,
fossil fuels), both would increase the price of fossil fuels for the consumer, and both would
reduce GHG emissions to some degree. Preference between the two approaches ultimately
depends on which variable policymakers prefer to precisely control: GHG emissions levels or
GHG emissions prices. As a practical matter, these market-based policies may include
complementary or hybrid designs, incorporating elements to increase certainty in price or
emissions quantity. For example, legislation could provide mechanisms for adjusting a carbon
tax/fee if a targeted range of emissions reductions were not achieved in a given period.
Alternatively, legislation could include mechanisms that would bound the range of market prices
for a cap-and-trade system’s emissions allowances to improve price certainty.

15 In some instances, legislation would have directed EPA to establish a GHG emissions reduction program with a

market-based approach as one option. An alternative approach to a market-based system might involve regulatory
directives that require emission performance standards for specific sources or the application of best available control
technology.

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What Is a GHG Emissions Cap-and-Trade System?
A GHG cap-and-trade system creates an overall limit, or cap, on GHG emissions from certain
sources. Cap-and-trade programs can vary by the sources covered, which often include major
emitting sectors (e.g., power plants and carbon-intensive industries), fuel producers and/or
processors (e.g., coal mines or petroleum refineries), or some combination of both.
The emissions cap is partitioned into emission allowances. Typically, in a GHG cap-and-trade
system, one emission allowance represents the authority to emit one metric ton16 of carbon
dioxide-equivalent (mtCO2e).17 The emissions cap creates a new commodity—the emission
allowance. Policymakers may decide to distribute the emission allowances to covered entities at
no cost (based on, for example, previous years’ emissions), sell the allowances (e.g., through an
auction), or use some combination of these strategies. The distribution of emission allowances is
typically a source of significant debate during a cap-and-trade program’s development, because
the allowances have monetary value.
At the end of each established compliance period (e.g., a calendar year or multiple years),
covered sources submit emission allowances to an implementing agency to cover the number of
tons emitted. If a source did not provide enough allowances to cover its emissions, the source
would be subject to penalties. Covered sources would have a financial incentive to make
reductions beyond what is required, because they could (1) sell or trade unused emission
allowances to entities that face higher costs to reduce their facility emissions, (2) reduce the
number of emission allowance they need to purchase, or (3) bank them, if allowed, to use in a
future year.
The use of emission offsets as a compliance option received attention during debate over cap-andtrade programs. An offset is a measurable reduction, avoidance, or sequestration of GHG
emissions from a source not covered by an emission reduction program. Economic analyses of
cap-and-trade proposals concluded that offset treatment (i.e., whether or not to allow their use
and, if so, to what degree) would have a substantial impact on overall program cost. This is
because some emissions and sources often not covered in cap-and-trade programs can reduce
emissions at a lower cost per ton than many typically covered sources. However, the use of
offsets generates considerable controversy, primarily over the concern that difficult-to-assess or
fraudulent offsets could create uncertainty about the quantity of emission reductions.18
In addition, other mechanisms—such as allowance banking or borrowing—may be included to
increase the flexibility of the program and, generally, reduce the costs.

What Is a Carbon Tax or Emissions Fee?
In a carbon tax or emissions fee program, policymakers attach a price to GHG emissions or the
inputs that create them. A carbon tax/fee on emissions or emissions inputs—namely fossil fuels—
would increase the relative price of the more carbon-intensive energy sources. This result is
16 A metric ton is approximately 2,205 pounds. A short ton equals 2,000 pounds.
17 This term of measure is used because GHGs vary by global warming potential (GWP). GWP is an index developed

by the Intergovernmental Panel on Climate Change (IPCC) that allows comparisons of the heat-trapping ability of
different gases over a period of time, typically 100 years. Consistent with international GHG reporting requirements,
EPA’s most recent GHG inventory (with data from 2022) uses the GWP values presented in the IPCC’s 2013 Fifth
Assessment Report. For example, based on these GWP values, a ton of methane is 28 times more potent than a ton of
CO2 when averaged over a 100-year time frame. EPA’s inventory is available at EPA, “Inventory of U.S. Greenhouse
Gas Emissions and Sinks,” https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks.
18 Both the RGGI and California cap-and-trade systems allow offsets as a compliance option (see footnote 4).

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expected to spur innovation in less carbon-intensive technologies and stimulate other behavior
that may decrease emissions.19
Economic modeling indicates that a carbon tax/fee approach could achieve emission reductions,
the level of which would depend on the scope and stringency (i.e., tax or fee level) of the
program.20 For example, to address emissions from fossil fuel combustion—74% of total U.S.
GHG emissions21—policymakers could apply a tax/fee to fossil fuels at approximately 3,000
entities, including coal mines, petroleum refineries, and entities required to report natural gas
deliveries.22
A carbon tax/fee would generate a new revenue stream. The magnitude of the revenues would
depend on the scope and rate of the tax or fee, the responsiveness of covered entities in reducing
their potential emissions, and multiple other market factors.
When designing a carbon tax/fee system, one of the more controversial and challenging questions
for policymakers is how, to whom, and for what purpose the new tax or fee revenues could be
applied. Congress would face the same issues that would be encountered during a debate over
emission allowance value distribution in a cap-and-trade system.
When deciding how to allocate the revenues, policymakers would encounter trade-offs among
objectives. The central trade-offs involve minimizing economy-wide costs, lessening the costs
borne by specific groups—particularly low-income households and displaced workers or
communities—and supporting a range of specific policy objectives.
A primary argument against a carbon tax/fee system (and a cap-and-trade program) is the concern
about the economy-wide costs that a carbon price could impose. The potential costs would
depend on a number of factors, including the magnitude, design, and use of revenues of the
carbon tax or fee.
Others who may oppose a carbon tax system express opposition to federal taxes in general or the
possibility that the revenues would enable greater federal spending. Owners of coal resources, in
particular, would likely lose asset values under a carbon tax system—as under a cap-and-trade
system—to the degree that coal becomes less competitive under the costs of emission reductions.

GHG Emission Reduction Legislation by Congress
This section compares GHG emission reduction legislation from the 108th Congress to the 118th
Congress by including a separate legislative table for each Congress.23 The tables compare the

19 This differs from a price system that applies to energy content, such as a tax based on British thermal units (Btu). In

1993, President Clinton proposed a deficit reduction package that included a tax based on energy content, measured in
Btu. The goals of the 1993 Btu tax proposal were to promote energy conservation and raise revenue. At the time, the
proposed tax would have generated a new revenue stream of about $30 billion per year. The proposal was met with
strong opposition and was not enacted; Congress ultimately enacted an approximately five-cent-per-gallon increase in
the motor fuels taxes.
20 See, for example, Alexander R. Barron et al., “Policy Insights from the EMF 32 Study on U.S. Carbon Tax
Scenarios,” Climate Change Economics, vol. 9, no. 1 (2018).
21 EPA, Inventory of U.S. Greenhouse Gas Emissions and Sinks, 1990-2022, 2024.
22 See, for example, Table A-1 in CRS Report R45625, Attaching a Price to Greenhouse Gas Emissions with a Carbon
Tax or Emissions Fee: Considerations and Potential Impacts, by Jonathan L. Ramseur and Jane A. Leggett.
23 One GHG emission reduction bill was introduced in the 107th Congress. Sen. Jeffords introduced S. 556, which
would have amended the Clean Air Act to reduce CO2 emissions from electric power plants to below 1990 levels.

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bills by their overall framework, scope, stringency, and selected design elements. Categories of
comparison include the following:
•

•
•

•
•

•

•

General framework: the proposed program structure—emissions cap, emissions
tax or fee, or some combination of both—and scope in terms of emissions
covered (multiple GHG emissions or just CO2 emissions).
Covered entities/materials: the industries, sectors, or materials that would be
subject to the program.
Emissions limit or target: the GHG or CO2 emissions target or cap for a
particular year. Some targets/caps would apply only to covered sources; others
apply to total U.S. GHG emissions.
Distribution of allowance value or tax revenue: how emission allowance value
or carbon tax or fee revenue would be distributed (if applicable).
Offset and international allowance treatment: the degree to which offsets and
international allowances could be used for compliance purposes and the types of
offset activities that would qualify. Some proposals limit offsets by percentage of
required reductions; others limit offsets as a percentage of allowance
submissions.
Mechanism to address carbon-intensive imports: a central concern with a U.S.
GHG reduction program is that it could raise U.S. prices more than goods
manufactured abroad, potentially creating a competitive disadvantage for some
domestic businesses, particularly carbon-intensive, trade-exposed industries.
Policymakers could address these potential impacts in several ways—for
example, through border adjustments, tax rebates, or emission allowances
provided at no cost to selected industrial sectors. For more information, see CRS
Report R48247, Border Carbon Adjustments: Policy Considerations, Legislation,
and Developments in the European Union, by Jonathan L. Ramseur, Kristen Hite,
and Christopher A. Casey.
Additional GHG reduction measures: other mechanisms that are designed to
further reduce GHG emissions that are not covered in the central program.

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Table 1. GHG Emission Reduction Proposals: 108th Congress
Ordered Chronologically by Introduced Date
Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action

Distribution of
Allowance
Value or
Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism
to Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

General
Framework

Covered
Entities/Materials

Emissions Limit or
Target

S. 139
Lieberman
Jan. 9, 2003
Discharged by
unanimous
consent by the
Senate Committee
on Environment
and Public Works
on Oct. 29, 2003
S.Amdt. 2028,
which contained
similar provisions,
was not agreed to
on Oct. 30, 2003

Cap-and-trade
system for
GHG emissions
from multiple
sectors

Electric power, industrial,
or commercial entities that
emit over 10,000 mtCO2e
annually; any refiner or
importer of petroleum
products for transportation
use that, when combusted,
will emit over 10,000
mtCO2e annually; and any
importer or producer of
HFC, PFC, and SF6 that,
when used, will emit over
10,000 mtCO2e

Cap of 5,896 mtCO2e
for covered sources by
2010 (equivalent to
2000 levels), reduced by
the level of emissions
from non-covered
sources; cap of 5,123
mtCO2e for covered
sources by 2016
(equivalent to 1990
levels), reduced by the
level of emissions from
non-covered sources

Determined by
the Secretary of
Commerce;
allowances
provided to
covered entities at
no cost and to the
newly established,
nonprofit Climate
Change Credit
Corporation,
which may use
allowance to help
energy consumers
with increased
prices and provide
transition
assistance to
dislocated
workers and
communities

From 2010
through 2015,
up to 15% of
submitted
allowances can
come from
domestic or
international
offsets; after
2015, 10% of
submitted
allowance can
come from
offsets

No specific
provision

No specific
provision

S. 366
Jeffords
Feb. 12, 2003

Cap-and-trade
system for CO2
emissions from
power plants;
also addresses
other air
pollutants
(mercury,

Fossil-fuel-fired electric
generating facilities with a
capacity of greater than 15
megawatts

Cap on electric power
emissions of 2.05 billion
metric tons in 2009
(equivalent to 1995
emissions)

EPA allocates free
allowances to the
following:
60% to
households to
alleviate increased
electricity prices

No specific
provision

No specific
provision

No specific
provision

CRS-7

Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action

General
Framework

Covered
Entities/Materials

Emissions Limit or
Target

sulfur dioxide,
nitrogen oxide)

Distribution of
Allowance
Value or
Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism
to Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

6% for worker
transition
assistance
20% for renewable
energy and energy
efficiency
10% to electricity
generation
facilities
1% for forest
sequestration
2% for geologic
sequestration

S. 843
Carper
Apr. 9, 2003

Cap-and-trade
system for CO2
emissions from
electricity
sector; also
addresses
other air
pollutants
(mercury,
sulfur dioxide,
nitrogen oxide)

Fossil-fuel-fired electric
generating facility that has a
capacity of greater than 25
megawatts and generates
electricity for sale

Cap on electric power
emissions of 2006 levels
in 2009; lowered to
2001 levels in 2013

Allotted to
covered sources
at no cost based
on previous year’s
emission levels
(minus a reserve
set aside for new
units)

Determined by
EPA

No specific
provision

No specific
provision

H.R. 2042
Waxman
May 8, 2003

Directs EPA to
issue
regulations to
meet CO2
emissions goals;
may include a
market-based

Fossil-fuel-fired electric
generating facility that has a
capacity of greater than 25
megawatts and generates
electricity for sale

1990 CO2 levels for
power plants by 2009

No specific
provision

No specific
provision

No specific
provision

No specific
provision

CRS-8

Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action

General
Framework

Covered
Entities/Materials

Emissions Limit or
Target

Electric power, industrial,
or commercial entities that
emit over 10,000 mtCO2e
annually; any refiner or
importer of petroleum
products for transportation
use that, when combusted,
will emit over 10,000
mtCO2e annually; and any
importer or producer of
HFC, PFC, and SF6 that,
when used, will emit over
10,000 mtCO2e

1990 GHG levels for
covered sources,
reduced by the level of
emissions from noncovered sources by
2020

Distribution of
Allowance
Value or
Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism
to Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

approach; also
addresses
other air
pollutants
(mercury,
sulfur dioxide,
nitrogen oxide)
H.R. 4067
Gilchrest
Mar. 30, 2004

Cap-and-trade
system for
GHG emissions
from multiple
sectors

Source: Prepared by CRS.

CRS-9

Determined by
the Secretary of
Commerce;
allowances
provided to
covered entities at
no cost and to the
newly established,
nonprofit Climate
Change Credit
Corporation,
which may use
allowance to help
energy consumers
with increased
prices and provide
transition
assistance to
dislocated
workers and
communities,
among other
objectives

Up to 15% of
submitted
allowances can
come from
domestic or
international
offsets; if offsets
account for 15%
of allowances, at
least 1.5% must
come from
agricultural
sequestration

No specific
provision

No specific
provision

Table 2. GHG Emission Reduction Proposals: 109th Congress
Ordered Chronologically by Introduced Date
Bill
Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value or
Tax/Fee Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

S. 150
Jeffords
Jan. 25, 2005

Cap-and-trade system for
CO2 emissions from power
plants; also addresses other
air pollutants (mercury,
sulfur dioxide, nitrogen
oxide)

Fossil-fuel-fired
electric generating
facilities with a
capacity of greater
than 15 megawatts

Cap on
electric
power
emissions of
2.05 billion
metric tons
in 2010

In 2010, EPA allocates
free allowance to the
following:
60% to households to
alleviate increased
electricity prices
6% for worker
transition assistance
20% for renewable
energy and energy
efficiency
10% to electricity
generation facilities
1% for forest
sequestration
2% for geologic
sequestration

No specific
provision

No specific
provision

No specific
provision

S. 342
McCain
Feb. 10, 2005

Cap-and-trade system for
GHG emissions from
multiple sectors

Electric power,
industrial, or
commercial entities
that emit over 10,000
mtCO2e annually; any
refiner or importer of
petroleum products
for transportation use
that, when

Cap of
5,896
mtCO2e for
covered
sources by
2010
(equivalent
to 2000
levels),

Determined by the
Secretary of
Commerce; allowances
provided to covered
entities at no cost and
to the newly
established, nonprofit
Climate Change Credit
Corporation, which

Up to 15% of
submitted
allowances can
come from
domestic or
international
offsets; if offsets
account for 15%
of allowances, at

No specific
provision

No specific
provision

CRS-10

Bill
Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General Framework

Offset and
International
Allowance
Treatment

Emissions
Limit or
Target

Distribution of
Allowance Value or
Tax/Fee Revenue

combusted, will emit
over 10,000 mtCO2e
annually; and any
importer or producer
of HFC, PFC, and SF6
that, when used, will
emit over 10,000
mtCO2e

reduced by
the level of
emissions
from noncovered
sources

may use allowance to
help energy consumers
with increased prices
and provide transition
assistance to dislocated
workers and
communities, among
other objectives

least 1.5% must
come from
agricultural
sequestration

Covered
Entities/Materials

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

H.R. 759
Gilchrest
Feb. 10, 2005

Cap-and-trade system for
GHG emissions from
multiple sectors

Electric power,
industrial, or
commercial entities
that emit over 10,000
mtCO2e annually; any
refiner or importer of
petroleum products
for transportation use
that, when
combusted, will emit
over 10,000 mtCO2e
annually; and any
importer or producer
of HFC, PFC, and SF6
that, when used, will
emit over 10,000
mtCO2e

Cap of
5,896
mtCO2e for
covered
sources by
2010
(equivalent
to 2000
levels),
reduced by
the level of
emissions
from noncovered
sources

Determined by the
Secretary of
Commerce; allowances
provided to covered
entities at no cost and
to the newly
established, nonprofit
Climate Change Credit
Corporation, which
may use allowance to
help energy consumers
with increased prices
and provide transition
assistance to dislocated
workers and
communities, among
other objectives

Up to 15% of
submitted
allowances can
come from
domestic or
international
offsets; if offsets
account for 15%
of allowances, at
least 1.5% must
come from
agricultural
sequestration

No specific
provision

No specific
provision

H.R. 1451
Waxman
Mar. 17, 2005

Directs EPA to issue
regulations to meet CO2
emissions goals; may include
a market-based approach;
also addresses other air

Fossil-fuel-fired
electric generating
facilities that have a
capacity of greater
than 25 megawatts

1990 CO2
levels for
power
plants by
2010

No specific provision

No specific
provision

No specific
provision

No specific
provision

CRS-11

Bill
Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value or
Tax/Fee Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

pollutants (mercury, sulfur
dioxide, nitrogen oxide)

and generate
electricity for sale

S. 730
Leahy
Apr. 6, 2005

EPA determines the
framework of the program;
also addresses other air
pollutants (mercury, sulfur
dioxide, nitrogen oxide)

Fossil-fuel-fired
electric generating
facilities (no minimum
threshold)

Cap on
electric
power
emissions of
2.05 billion
metric tons
in 2010

No specific provision

No specific
provision

No specific
provision

No specific
provision

H.R. 1873
Bass
Apr. 27, 2005

Cap-and-trade system for
CO2 emissions from
electricity sector; also
addresses other air
pollutants (mercury, sulfur
dioxide, nitrogen oxide)

Fossil-fuel-fired
electric generating
facilities that have a
capacity of greater
than 25 megawatts
and generate
electricity for sale

Cap on
electric
power
emissions of
2006 levels
in 2010;
lowered to
2001 levels
in 2015

Allotted to covered
sources at no cost
based on previous
years emission levels
(minus a reserve set
aside for new units)

Determined by
EPA

No specific
provision

No specific
provision

S. 1151
McCain
May 26, 2005

Cap-and-trade system for
GHG emissions from
multiple sectors

Electric power,
industrial, or
commercial entities
that emit over 10,000
mtCO2e annually; any
refiner or importer of
petroleum products
for transportation use
that, when
combusted, will emit
over 10,000 mtCO2e
annually; and any

Cap of
5,896
mtCO2e for
covered
sources by
2010
(equivalent
to 2000
levels),
reduced by
the level of
emissions

Determined by the
Secretary of
Commerce; allowances
provided to covered
entities at no cost and
to the newly
established, nonprofit
Climate Change Credit
Corporation, which
may use allowance to
help energy consumers
with increased prices

Up to 15% of
submitted
allowances can
come from
domestic or
international
offsets; if offsets
account for 15%
of allowances, at
least 1.5% must
come from

No specific
provision

No specific
provision

CRS-12

Bill
Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General Framework

Offset and
International
Allowance
Treatment

Emissions
Limit or
Target

Distribution of
Allowance Value or
Tax/Fee Revenue

importer or producer
of HFC, PFC, and SF6
that, when used, will
emit over 10,000
mtCO2e

from noncovered
sources

and provide transition
assistance to dislocated
workers and
communities, among
other objectives

agricultural
sequestration

Covered
Entities/Materials

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

H.R. 2828
Inslee
June 9, 2005

Cap-and-trade system for
GHG emissions from
multiple sectors

Electric power,
industrial, or
commercial entities
that emit over 10,000
mtCO2e annually; any
refiner or importer of
petroleum products
for transportation use
that, when
combusted, will emit
over 10,000 mtCO2e
annually; and any
importer or producer
of HFC, PFC, and SF6
that, when used, will
emit over 10,000
mtCO2e

Cap of
5,896
mtCO2e for
covered
sources by
2010
(equivalent
to 2000
levels),
reduced by
the level of
emissions
from noncovered
sources

Determined by the
Secretary of
Commerce; allowances
provided to covered
entities at no cost and
to the newly
established, nonprofit
Climate Change Credit
Corporation, which
may use allowance to
help energy consumers
with increased prices
and provide transition
assistance to dislocated
workers and
communities, among
other objectives

Up to 15% of
submitted
allowances can
come from
domestic or
international
offsets; if offsets
account for 15%
of allowances, at
least 1.5% must
come from
agricultural
sequestration

No specific
provision

No specific
provision

H.R. 5049
Udall
Mar. 29, 2006

Cap-and-trade system for
GHG emissions from
multiple sectors, with a
price ceiling of $25 per ton
of carbon, indexed to
inflation

Emissions from
domestic and
imported fossil fuels;
emissions from
agricultural, industrial,
and manufacturing
processes, excluding
methane from animals

Maintains
existing
emission
levels; the
number of
allowances
distributed
based on
emissions

20% to electric power,
fossil fuel production,
and energy intensive
industries
15% to states for
worker transition
assistance

Provides
additional
allowances for
sequestration
projects

No specific
provision

No specific
provision

CRS-13

Bill
Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value or
Tax/Fee Revenue

from years
prior to
enactment,
without
reductions
in
subsequent
years

5% to states for energy
assistance to lowincome households
25% to the Department
of Energy to support
energy research and
development
10% to the Department
of State to invest in
low-emission and
emission-free policies
in developing countries
25% to the Department
of the Treasury to be
sold at auction with the
proceeds deposited in
the Treasury

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

S. 2724
Carper
May 4, 2006

Cap-and-trade system for
CO2 emissions from
electricity sector; also
addresses other air
pollutants (mercury, sulfur
dioxide, nitrogen oxide)

Fossil-fuel-fired
electric generating
facilities that have a
capacity of greater
than 25 megawatts
and generate
electricity for sale

2001 CO2
emission
levels by
2015

Allotted to covered
sources based on
previous years emission
levels

Determined by
EPA

No specific
provision

No specific
provision

H.R. 5642
Waxman
June 20, 2006

Cap-and-trade system for
GHG

Determined by EPA

1990 GHG
levels for
covered
sources by
2020; 80%
below 1990

Determined by the
President based on plan
submitted to Congress;
sell via auction and
distribute to noncovered sources to

No specific
provision

No specific
provision

EPA to
promulgate
additional
regulations to
reduce GHG
emissions,

CRS-14

Bill
Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

S. 3698
Jeffords
July 20, 2006

CRS-15

General Framework

Directs EPA to issue
regulations to meet GHG
emissions goals; may include
a market-based approach

Covered
Entities/Materials

Determined by EPA

Emissions
Limit or
Target

Distribution of
Allowance Value or
Tax/Fee Revenue

levels by
2050

achieve specified goals:
maximize public
benefit, mitigate energy
costs to consumers,
provide worker
transition assistance,
among others

1990 GHG
levels by
2020; 80%
below1990
levels by
2050

Determined by EPA;
allowances to covered
entities; remaining
allowances to
households,
communities, and other
groups for various
objectives

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures
including
performance
standards,
efficiency
standards,
technology
requirements,
among others;
directs
Department of
Energy to
promulgate
renewable
portfolio
standards

No specific
provision

No specific
provision;
allowances may
be allotted to
companies that
experience
disproportionate
impacts from
lower-carbon
economy

Directs EPA to
issue CO2
emissions
standards for
vehicles and
CO2 emissions
standards for
new power
plants, create
low-carbon
electricity
generation
standards and
trading
program,
promulgate

Bill
Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value or
Tax/Fee Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures
electricity
efficiency
standards, and
establish
renewable
energy
portfolio
standards

S. 4039
Kerry
Sept. 29, 2006

Cap-and-trade system for
GHG emissions

Source: Prepared by CRS.

CRS-16

Determined by EPA
through a rulemaking
process

1990 GHG
levels for
covered
sources by
2020

Determined by the
President; Congress
may enact alternative
plan within one year

No specific
provision

No specific
provision

No specific
provision

Table 3. GHG Emission Reduction Proposals: 110th Congress
Ordered Chronologically by Introduced Date
Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

General
Framework

Covered
Entities/Materials

S. 280
Lieberman
Jan. 12, 2007

Cap-and-trade
system for GHG
emissions from
multiple sectors

Electric power,
industrial, or
commercial entities that
emit over 10,000
mtCO2e annually; any
refiner or importer of
petroleum products for
transportation use that,
when combusted, will
emit over 10,000
mtCO2e annually; and
any importer or
producer of HFC, PFC,
and SF6 that, when
used, will emit over
10,000 mtCO2e

1990 GHG
levels for
covered
sources by
2020,
reduced by
the level of
emissions
from noncovered
sources

Determined by EPA

Up to 15% of
submitted
allowances can
come from
domestic or
international
offsets; if offsets
account for 15%
of allowances, at
least 1.5% must
come from
agricultural
sequestration

No specific
provision

No specific provision

S. 309
Sanders
Jan. 16, 2007

Determined by
EPA, but must be
a market-based
program for
GHG emissions

Determined by EPA
through a rulemaking
process

1990 GHG
levels for all
sources by
2020

Determined by EPA

No specific
provision

No specific
provision

GHG emission
standards for
vehicles, new electric
power plants, and an
energy efficiency
performance
standard

S. 317
Feinstein
Jan. 17, 2007

Cap-and-trade
system for GHG
emissions from
electricity sector

Fossil-fuel-fired electric
generating facilities with
a capacity of greater
than 25 megawatts

5% below
2001 GHG
levels for
electric

Initially provided to
covered entities at
no cost; percentage
of allowances sold
via auction gradually

Up to 25% of
required
reductions may
be achieved with
EPA-approved

No specific
provision

No specific provision

CRS-17

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

generators by
2020

increases: by 2036,
100% sold via
auction; activities
funded by auction
revenues include
technology
development and
energy efficiency

international
credits

Emissions
Limit or
Target

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

H.R. 620
Olver
Jan. 22, 2007

Cap-and-trade
system for GHG
emissions from
multiple sectors

Electric power,
industrial, or
commercial entities that
emit over 10,000
mtCO2e annually; any
refiner or importer of
petroleum products for
transportation use that,
when combusted, will
emit over 10,000
mtCO2e annually; and
any importer or
producer of HFCs,
PFCs, or SF6 that, when
used, will emit over
10,000 mtCO2e

1990 GHG
levels for
covered
sources by
2020,
reduced by
the level of
emissions
from noncovered
sources

Determined by EPA

Up to 15% of
allowance
submission can
come from
domestic and/or
international
offsets

No specific
provision

No specific provision

S. 485
Kerry
Feb. 1, 2007

Cap-and-trade
system for GHG
emissions

Determined by EPA
through a rulemaking
process

1990 GHG
levels for
covered
sources by
2020

Determined by the
President; Congress
may enact
alternative plan
within one year

No specific
provision

No specific
provision

No specific provision

CRS-18

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

H.R. 1590
Waxman
Mar. 20, 2007

Cap-and-trade
system for GHG
emissions

Determined by EPA
through a rulemaking
process

S. 1177
Carper
Apr. 20, 2007

Cap-and-trade
system for CO2
emissions from
electricity
sector; also
addresses other
air pollutants
(mercury, sulfur
dioxide, nitrogen
oxide)

H.R. 2069
Stark
Apr. 26, 2007

Tax starting at
$10/short ton of
carbon content
in taxable fuels,
which equates to
approximately
$2.70/tCO2
emissions
The rate
increases $10
per year (in
nominal dollars)

CRS-19

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

1990 GHG
levels for all
sources by
2020

Determined by the
President; Congress
may enact
alternative plan
within one year

No specific
provision

No specific
provision

GHG emission
standards for
vehicles, energy
efficiency standards,
renewable portfolio
standards

Fossil-fuel-fired electric
generating facilities that
have a capacity of
greater than 25
megawatts and generate
electricity for sale

2001 CO2
emission
levels by
2015

Allotted to covered
sources based on
previous years
emission levels

Determined by
EPA

No specific
provision

No specific provision

Manufacturers,
producers, or
importers who sell a
taxable fuel, which
includes coal,
petroleum and
petroleum products,
and natural gas

Tax rate
freeze if CO2
emissions do
not exceed
20% of U.S.
1990 CO2
emissions by
2020

No specific
provision

NA

No specific
provision

No specific provision

Emissions
Limit or
Target

Additional GHG
Reduction
Measures

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

General
Framework

Covered
Entities/Materials

S. 1766
Bingaman
July 11, 2007

Cap-and-trade
system for GHG
emissions from
multiple sectors
with allowance
price ceiling: in
2012, $12/ton,
increasing by 5%
annually plus
inflation

Petroleum refineries,
natural gas processing
plants, and imports of
petroleum products,
coke, or natural gas;
entities that consume
more than 5,000 tons of
coal a year; importers
of HFCs, PFC, SF6,
N2O, or products
containing such
compounds, and adipic
acid and nitric acid
plants, aluminum
smelters, and facilities
that emit HFCs as a
byproduct of HCFC
production

1990 GHG
levels for
covered
sources by
2020

In 2012, 53% of
allowances allocated
to covered and
certain industrial
entities
23% allocated to
states and for
sequestration and
early reduction
activities
24% are auctioned
to fund low-income
assistance, carbon
capture and storage,
and adaptation
activities
The percentage
auctioned increases
steadily, reaching
53% by 2030

Unlimited use of
domestic offsets;
international
offsets limited to
10% of a
regulated entity’s
emissions target

International
reserve
allowances must
accompany
imports of any
covered GHG
intensive goods
and primary
products to the
United States
Least developed
nations or those
that contribute
no more than
0.5% of global
emissions are
excluded

No specific provision

H.R. 3416
Larson
Aug. 3, 2007

Tax on CO2
content on fossil
fuels, starting at
$15/short ton
CO2 emissions,
increasing by
10% annually
plus inflation

Manufacturers,
producers, or
importers of coal,
petroleum, and natural
gas

No specific
provision

In first year (2008),
approximately 76%
would support a
payroll tax rebate
16% would fund
clean energy
technology
8% would support
affected industry
transition assistance

Allows for
domestic offset
projects (as
prescribed by the
Secretary of the
Treasury) to be
submitted as tax
credits or tax
refunds

No specific
provision other
than direct
assistance to
affected
industries
(determined by
the Secretaries
of the Treasury
and Labor)

No specific provision

CRS-20

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

(declining to zero by
2017)
H.R. 4226
Gilchrest
Nov. 15, 2007

Cap-and-trade
system for GHG
emissions from
multiple sectors
A Carbon
Market Efficiency
Board may
implement costrelief measures

Electric power,
industrial, or
commercial entities that
emit over 10,000
mtCO2e annually;
refiners or importers of
petroleum products for
transportation use that,
when combusted, will
emit over 10,000
mtCO2e annually; and
importers or producers
of HFCs, PFCs, or SF6
that, when used, will
emit over 10,000
mtCO2e

85% of 2006
GHG levels
from covered
sources,
reduced by
the level of
emissions
from noncovered
sources by
2020

Determined by EPA

Up to 15% of
allowance
submission can
come from
domestic and/or
international
offsets

The President
may establish a
program to
require
importers to pay
the value of
GHGs emitted
during the
production of
goods or
services
imported into
the United
States from
countries that
have no
comparable
emission
restrictions to
those of the
United States

No specific provision

S. 2191
Lieberman
Oct. 18, 2007
Ordered
reported by the
Senate
Committee on
Environment

Cap-and-trade
system for GHG
emissions from
multiple sectors

Producers or importers
of petroleum or coalbased liquid or gaseous
fuel that emits GHGs,
or facilities that
produce or import
more than 10,000
mtCO2e of GHG
chemicals annually;

Emission cap
for covered
sources in
2020 is 4.924
billion tCO2e
(19% below
2005 levels

In 2012: 40% of
allowances allocated
to covered electric
utilities, industrial
facilities, and coops
9% allocated to
states for
conservation, extra

Up to 15% of
allowance
requirement may
be achieved
through domestic
offsets;
international

International
reserve
allowances must
accompany
imports of any
covered GHGintensive goods
and primary

Low carbon fuel
standard for
transportation fuels

CRS-21

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

and Public
Works on Dec.
5, 2007

S. 3036
Boxer
May 20, 2008
S.Amdt. 4825
(in the nature of
substitute) failed
a cloture motion
on June 6, 2008

CRS-22

Cap-and-trade
system for GHG
emissions from
multiple sectors
A Carbon
Market Efficiency
Board may
implement cost-

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

facilities that use more
than 5,000 tons of coal
annually; natural gas
processing plants or
importers (including
liquid natural gas
[LNG]); or facilities that
emit more than 10,000
mtCO2e of HFCs
annually as a byproduct
of HFC production

for covered
sources)

reductions, and
other activities
11.5% for various
sequestration
activities
10% allocated for
electricity consumer
assistance
5% for early
reductions
0.5% for tribal
governments
18% (plus an early
auction of 6%)
auctioned to fund
technology
deployment, carbon
capture and storage,
low-income and
rural assistance, and
adaptation activities

offsets can satisfy
an additional 15%

products to the
United States
Least developed
nations or those
that contribute
no more than
0.5% of global
emissions are
excluded

Producers or importers
of petroleum- or coalbased liquid or gaseous
fuel that emits GHGs,
or facilities that
produce or import
more than 10,000
mtCO2e of GHG
chemicals annually;
facilities that use more

Emission cap
for covered
sources in
2020 is 4.924
billion tCO2e
(19% below
2005 levels
for covered
sources)

A share of
allowances are
auctioned for deficit
reduction increasing
from 6.1% in 2012
to 15.99% in 2031
and thereafter
The “remainder
allowances” are

Up to 15% of
allowance
requirement may
be achieved
through domestic
offsets;
international
allowances can

International
reserve
allowances must
accompany
imports of any
covered GHGintensive goods
and primary

Additional GHG
Reduction
Measures

Low carbon fuel
standard for
transportation fuels

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

CRS-23

General
Framework

Covered
Entities/Materials

relief measures if
necessary

than 5,000 tons of coal
annually; natural gas
processing plants or
importers (including
LNG); or facilities that
emit more than 10,000
mtCO2e of HFCs
annually as a byproduct
of HFC production

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

distributed in 2012
(adjusted in future
years) as follows:
38% of allowances
to covered electric
utilities, industrial
facilities, and co-ops
10.5% to states for
conservation, extra
reductions, and
other activities
7.5% for various
sequestration
activities
11% allocated for
electricity and
natural gas
consumer assistance
5% for early
reductions
0.5% for tribal
governments
1% for methane
reduction projects
21.5% (plus an early
auction of 5%)
auctioned to fund
technology
deployment, carbon
capture and storage,

satisfy an
additional 15%

Mechanism to
Address
CarbonIntensive
Imports
products to the
United States
Least developed
nations or those
that contribute
no more than
0.5% of global
emissions are
excluded

Additional GHG
Reduction
Measures

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

International
reserve
allowances must
accompany
imports of any
covered GHG
intensive goods
and primary
products to the
United States
Least developed
nations or those
that contribute
no more than
0.5% of global
emissions are
excluded

EPA to develop
emission
performance
standards for certain
non-covered entities
that exceed 10,000
tCO2e per year
Low-carbon fuel
standard for
transportation fuels
Performance
standard for certain
coal-fired power
plants to capture and
geologically sequester
not less than 85% of
their CO2 emissions

low income and
rural assistance, and
adaptation activities,
as well as program
management
H.R. 6186
Markey
June 4, 2008

CRS-24

Cap-and-trade
system for GHG
emissions from
multiple sectors

Electric power or
industrial facilities that
emit over 10,000
mtCO2e; producers or
importers of petroleum
or coal-based liquid
products that, when
combusted, will emit
over 10,000 mtCO2e
annually; local
distribution companies
that deliver natural gas
that, when combusted,
will emit over 10,000
tCO2e annually;
producers or importers
of HFCs, PFCs, SF6, or
NF3 that, when used,
will emit over 10,000
mtCO2e; sites at which
CO2 is geologically
sequestered on a
commercial scale

Emission cap
for covered
sources in
2020 is 4.983
billion tCO2e

Between 2012 and
2019, 6% of
allowances would
be distributed to
manufacturers of
“trade-exposed
primary goods”
Remaining 94%
auctioned (100% by
2020), with
revenues distributed
(in FY2010-FY2019)
as follows:
58.5% to middleand low-income
households as tax
credits and/or
rebates
12.5% for
development and
promotion of lowcarbon technology
12.5% for energy
efficiency programs

Up to 15% of
allowance
requirement may
be achieved
through domestic
offsets;
international
offsets or
allowances can
satisfy an
additional 15%

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

4.5% for biological
sequestration
1.5% for worker
transition assistance
2% for domestic
adaptation efforts
1.5% for protection
of natural resources
1.5% for
international forest
protection
3.5% for
international clean
technology
2% for international
adaptation efforts
H.R. 6316
Doggett
June 19, 2008

CRS-25

Cap-and-trade
system for GHG
emissions from
multiple sectors
A Carbon
Market Efficiency
Board may
implement costrelief measures

Producers or importers
of petroleum- or coalbased liquid or gaseous
fuel that emits GHGs,
or facilities that
produce or import
more than 10,000
mtCO2e of GHG
chemicals annually;
facilities that use more
than 5,000 tons of coal
annually; natural gas
processing plants or
importers (including

Emission cap
for covered
sources in
2020 is 6.087
billion
mtCO2e

In 2012, 5% of the
allowances are
allocated to electric
generators; 10% are
allocated to energy
intensive industries
Remaining
allowances are
auctioned with
revenues used for
the following:
54% for consumer
assistance (66% of
which goes toward

Up to 10% of
allowance
requirement may
be achieved
through domestic
offsets;
international
allowances can
satisfy an
additional 15%

International
reserve
allowances must
accompany
imports of any
covered GHGintensive goods
and primary
products to the
United States
Least developed
nations or those
that contribute
no more than

EPA to promulgate
regulations that
address emissions in
uncovered sectors

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials
LNG); or, facilities that
emit more than 10,000
mtCO2e of HFCs
annually as a byproduct
of HFC production

Source: Prepared by CRS.

CRS-26

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue
providing health
insurance coverage,
the remainder for
rebates and tax
relief)
15% of revenues for
deficit reduction
11.4% for
international
activities
7.5% for energy
efficiency
7% for natural
resource adaptation
7% for green energy
research
4% for worker
assistance
3% for forestry and
agricultural activities
2.7% for states and
tribes
2% for
transportation
alternatives
1% for early action
0.4% for education

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports
0.5% of global
emissions are
excluded

Additional GHG
Reduction
Measures

Table 4. GHG Emission Reduction Proposals: 111th Congress
Ordered Chronologically by Introduced Date
Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction Measures

H.R. 594
Stark
Jan. 15, 2009

Tax on CO2
content in fossil
fuels, starting at
$10/short ton,
increasing by $10
per year

Manufacturers,
producers, or
importers who sell a
taxable fuel, which
includes coal,
petroleum and
petroleum products,
and natural gas

Tax freezes if
CO2
emissions do
not exceed
20% of U.S.
1990 CO2
emissions by
2020

No specific
provision

NA

No specific
provision

No specific provision

H.R. 1337
Larson
Mar. 5, 2009

Tax on CO2
content in fossil
fuels, starting at
$15/short ton,
increasing by $10
each year
emissions target
is not met

Manufacturers,
producers, or
importers of coal,
petroleum, and natural
gas

EPA is to
establish
(within five
years after
enactment)
annual CO2
emission
targets in
order to
reach goal of
80% below
2005 CO2
emissions by
2050

In first year:
76% would support
a payroll tax rebate
16% would fund
clean energy
technology
8% would support
affected industry
transition assistance
(declining to zero by
2017)

Instructs
Department of
the Treasury (in
consultation with
Department of
Energy) to submit
a report of
qualified offset
projects but does
not allow for
projects to
generate tax
credits

Department of
the Treasury
imposes a
carbon
equivalency fee
on imported
carbon-intensive
goods, including
steel, aluminum,
and paper; fee
based on
emissions
associated with
production of
carbon-intensive
goods

No specific provision

H.R. 1666
Doggett
Mar. 23, 2009

Cap-and-trade
system for GHG
emissions, with
an oversight
board to manage

Not explicitly defined

Target of 4.9
billion
mtCO2e for
covered

Oversight board
administers auctions
to manage the
allowance price
path; precise use of

No specific
provision

No specific
provision

No specific provision

CRS-27

Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action

General
Framework

Covered
Entities/Materials

price path
between 2012
and 2019

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

entities by
2020

auction revenues is
not specified

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction Measures

H.R. 1683
McDermott
Mar. 24, 2009

Hybrid cap/tax
system for GHG
emissions:
covered persons
must purchase
an emission
permit from the
Department of
the Treasury
when a “GHG
emission
substance” is
produced or
enters the
United States;
permits may not
be sold or
exchanged; price
for emission
permits based on
achieving annual
emission targets

Coal producers,
petroleum refineries;
producers of other
GHG emission
substances (including
natural gas, among
others); importers of
GHG emission
substances

25% below
2005 GHG
emissions by
2020

Establishes trust
fund that would
receive
appropriations equal
to revenue received
by selling emission
permits
Precise use of the
revenue is not
specified

No specific
provision

Department of
the Treasury
imposes a GHG
emission permit
equivalency fee
on imported
carbon-intensive
goods, including
steel, aluminum,
and paper

No specific provision

H.R. 1862
Van Hollen
Apr. 1, 2009

Cap-and-trade
system for CO2
emissions from
multiple sectors

Person who makes the
first sale in United
States of coal, oil,
natural gas, and any
fossil-fuel-derived
products used as a
combustible fuel

25% below
2005 CO2
emissions by
2020

100% of allowances
sold via auction;
proceeds used to
fund consumer
dividend payments;
each month, every
person with a Social
Security number

No specific
provision

Department of
the Treasury
imposes a
carbon
equivalency fee
on imported
carbon-intensive
goods, including

No specific provision

CRS-28

Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

would receive an
equal payment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction Measures

steel, aluminum,
and paper

H.R. 2380
Inglis
May 13, 2009

Tax on fossil
fuels, starting at
$15/short ton of
CO2 emissions,
and increasing by
approximately
6.5% each year,
plus cost-ofliving
adjustments

Manufacturers,
producers, or
importers of coal,
petroleum, and natural
gas

No specific
provision

Tax revenue used
to offset a
corresponding
reduction in payroll
tax rates (employee,
employer, and selfemployed)

No specific
provision

Imposes a tax on
“imported
taxable
products” in
relation to fossil
fuels used or the
CO2 emissions
generated during
the product’s
manufacturing
process

No specific provision

H.R. 2454
Waxman-Markey
May 15, 2009
Reported by the
Committee on
Energy and
Commerce on June
5, 2009
Passed the House
on June 26, 2009
For more
information, see
CRS Report
R40643,
Greenhouse Gas
Legislation:
Summary and
Analysis of H.R.
2454 as Passed by

Cap-and-trade
system for GHG
emissions from
multiple sectors

Electricity generators,
various fuel producers
and importers,
fluorinated gas
producers and
importers, geological
sequestration sites,
various industrial
sources, and local
distribution companies
(LDCs) that deliver
natural gas
Covered entity
coverage is phased in by
category so that all of
the above are under the
cap in 2016

17% below
2005
emissions
from covered
sources by
2020

Emission allowance
value distributed (as
no-cost allowances
or auction revenue)
in the following
manner in 2016:
30% (at minimum)
to electricity LDCs;
0.5% for small
electric LDCs; 9%
to natural gas LDCs;
1.5% to states for
home-heating oil
consumers
15% directly to lowincome consumers
13.4% to energyintensive, tradeexposed industries;

In 2016,
approximately
27% of an entity’s
allowance
obligation can be
satisfied with
offsets; this
percentage
increases to 36%
by 2030
Up to half of an
entity’s offsets
can come from
domestic sources
and up to half
from international
sources
Unless otherwise
determined by

Energy-intensive,
trade-exposed
industries to
receive
allowances at no
cost until phased
out in mid2030s; and
EPA to
promulgate rules
establishing an
international
reserve
allowance
system for any
covered good of
an eligible
industrial sector

Establishes a separate
cap-and-trade program
that controls HFC
emissions
Directs EPA to
establish emission
performance standards
for select sources not
covered by the
emissions cap

CRS-29

Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

the House of
Representatives,
coordinated by
Mark Holt and
Gene Whitney

S. 1733
Kerry-Boxer
Sept. 30, 2009
Reported by the
Committee on
Environment and
Public Works (a

CRS-30

Cap-and-trade
system for GHG
emissions from
multiple sectors

Electricity generators,
various fuel producers
and importers,
fluorinated gas
producers and
importers, geological
sequestration sites,
various industrial

20% below
2005
emissions
from covered
sources by
2020

Mechanism to
Address
CarbonIntensive
Imports

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

up to 3.5% to
merchant coal units;
2% to petroleum
refineries plus
0.25% for small
business refineries;
up to 1.5% for
certain long-term
power contract
operators
7.1% to states to
support renewable
energy and energy
efficiency efforts
6% to promote
technological
advances
5% to reduce
international
deforestation
0.2% for deficit
reduction
5% to further other
objectives

EPA, covered
entities may use
unlimited amount
of international
allowances from
“qualifying
programs”

from a covered
country
Exemptions are
provided for (1)
least developed
countries, (2)
countries that
emit less than
0.5% of global
GHG emissions,
and (3) countries
meeting specific
criteria

Emission allowance
value is distributed
in the following
manner in 2016:
25.8% (at minimum)
to electricity LDCs;

In 2016,
approximately
35% of an entity’s
allowance
submission can
comprise offsets;
up to 75% of an
entity’s offsets

Trade-exposed,
carbon-intensive
industries to
receive
allowances at no
cost; in addition,
the bill states:

Additional GHG
Reduction Measures

Establishes a separate
cap-and-trade program
that controls HFCs

Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action
“Manager’s
Amendment” in
the nature of
substitute) on Nov.
5, 2009

CRS-31

General
Framework

Covered
Entities/Materials
sources, and LDCs that
deliver natural gas
Coverage is phased in
by category so that all
of the above are under
the cap in 2016

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

0.94% for small
electric LDCs
7.7% to natural gas
LDCs
1.3% to states for
home-heating oil
consumers
12.9% directly to
low-income
consumers
12.1% to energyintensive, tradeexposed industries
up to 3.0% to
merchant coal units
0.64% to petroleum
refineries plus
0.86% for small
business refineries
and 0.43% for
medium refineries
up to 1.3% for
certain long-term
power contract
operators
5.97% to states to
support renewable
energy and energy
efficiency efforts

can come from
domestic sources
and up to 25%
from international
sources
Unless otherwise
determined by
EPA, unlimited
use of
international
allowances from
“qualifying
programs”

Mechanism to
Address
CarbonIntensive
Imports
“It is the sense
of the Senate
that this Act will
contain a trade
title that will
include a border
measure that is
consistent with
our international
obligations and
designed to
work in
conjunction with
provisions that
allocate
allowances to
energy-intensive
and tradeexposed
industries”

Additional GHG
Reduction Measures

Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction Measures

5.6% to promote
technological
advances
1.92% for GHG
reductions in the
transportation
sector
10.3% for deficit
reduction
8% to further other
objectives
S. 2877
Cantwell
Dec. 11, 2009

CRS-32

Hybrid cap/tax
system for CO2
emissions:
covered entities
submit “carbon
shares” for CO2
emissions
associated with
the use of the
fossil fuels
Trading of
carbon shares is
restricted to a
dedicated
exchange
established by
Treasury
Price ceiling for
carbon shares:
initially at
$21/tCO2 in

Fossil fuel producers
(e.g., mines, wells) and
importers who
introduce “fossil
carbon” into the United
States economy

20% below
2005 GHG
levels from all
sources by
2020

All carbon shares
sold in auctions
Subject to the
appropriations
process, 75% of the
revenue would be
distributed monthly
in non-taxable
dividends to all
legally residing
individuals in the
United States
Subject to the
appropriations
process, 25% could
be used to support
a myriad of policy
objectives, including
worker transition
assistance,
adaptation,

Offsets are not
allowed for
compliance
purposes

Treasury may
impose fees for
the “production
process carbon”
associated with
commodities
imported into
the United
States

No specific provision

Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

2012; if reached,
additional shares
made available,
and this revenue
would support
mitigation from
non-covered
entities
Kerry-Lieberman
Discussion Draft
May 12, 2010
(considered by
many to be the
primary
legislative vehicle
in the Senate at
the time)

CRS-33

Cap-and-trade
system for GHG
emissions from
multiple sectors

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction Measures

technology
development,
energy efficiency,
biological
sequestration, and
deficit reduction

Electricity generators,
various fuel producers
and importers,
fluorinated gas
producers and
importers, geological
sequestration sites,
various industrial
sources, and LDCs that
deliver natural gas
Covered entity
coverage is phased in by
category so that all of
the above are under the
cap in 2016

17% below
2005
emissions
from covered
sources by
2020

Emission allowance
value distributed in
the following
manner in 2016:
30% (at minimum)
to electric LDCs;
9% for natural gas
LDCs; 1.5% to
states for homeheating oil and
propane consumers;
12.3% directly to
low-income
consumers
15% to tradeexposed industries;
up to 0.5% to
merchant coal units;
3.75% to petroleum
refineries; up to
4.5% to long-term
power contract
operators

In 2016,
approximately
35% of an entity’s
allowance
submission can
comprise offsets;
up to 75% of an
entity’s offsets
can come from
domestic sources
and up to 25%
from international
sources
Unless otherwise
determined by
EPA, unlimited
use of
international
allowances from
“qualifying
programs”

Trade-exposed,
carbon-intensive
industries to
receive
allowances at no
cost
EPA to establish
an international
reserve
allowance
system for
covered goods
of an eligible
industrial sector
from a covered
country
Exemptions are
provided for (1)
least developed
countries, (2)
countries that
emit less than
0.5% of global
GHG emissions,
and (3) countries

Establishes a separate
cap-and-trade program
that controls HFC

Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue
2% to states to
support renewable
energy and energy
efficiency efforts
4% to promote
technological
advances
9.2% to support
transportation
infrastructure and
efficiency
6.75% for deficit
reduction
1.5% auctioned to
help mitigate against
high allowance
prices

Source: Prepared by CRS.

CRS-34

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports
meeting the
specific criteria

Additional GHG
Reduction Measures

Table 5. GHG Emission Reduction Proposals: 112th Congress
Ordered Chronologically by Introduced Date
Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

General
Framework

Covered
Entities/Materials

H.R. 3242
Stark
Oct. 24, 2011

Tax on CO2
emissions from
combustion of
fossil fuels and
other materials
Rate starts at
$10/short ton of
CO2 emissions,
increasing by $10
per year until
emissions target
reached

Manufacturers,
producers, or
importers who sell coal,
petroleum and
petroleum products,
natural gas, biomass,
municipal solid waste,
and any other organic
material sold for energy
use

80%
reduction of
CO2 emission
levels in 1990

Tax revenue is
distributed annually
in pro rata
payments to
individuals with a
taxpayer
identification
number

No specific
provision

Border
adjustment fees
for comparable
imported
products

No specific provision

H.R. 6338
McDermott
Aug. 2, 2012

Hybrid cap/tax
approach on
GHG emissions:
covered entities
purchase permits
from the
Department of
the Treasury for
expected
emissions
associated with
combustion or
use of covered
material (e.g.,
fossil fuels)

Coal producers,
petroleum refineries,
first seller of natural
gas, producers and
importers of GHG
emission substances

Average
emissions
between
2015 and
2019 equal to
GHG
emissions in
2005 by 2020

75% of the permit
revenue is used to
send monthly
dividend payments
to taxpayers
25% retained for
deficit reduction

No specific
provision

Unless an
exporting nation
has implemented
equivalent
measures,
imports of
carbon-intensive
goods will be
subject to a
fee—determined
by the Secretary
of the
Treasury—that
is equivalent to
the costs
domestic
producers of

No specific provision

CRS-35

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework
Permits cannot
be sold or
traded
Price floor and
price ceiling (i.e.,
price collar),
ranges between
$6.25 and $18.75
in 2015

Source: Prepared by CRS.

CRS-36

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports
comparable
products incur
due to the
carbon price
Exporters of
carbon-intensive
goods may
receive a
payment related
to the increased
costs of inputs
(i.e., fossil fuels)
subject to the
fee

Additional GHG
Reduction
Measures

Table 6. GHG Emission Reduction Proposals: 113th Congress
Ordered Chronologically by Introduced Date
Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action
S. 332
Sanders
Feb. 14, 2013

CRS-37

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Upstream tax/fee
on fossil fuels
based on their
carbon content

EPA would impose a fee
on coal, petroleum, and
natural gas produced or
imported into the
United States

GHG
emissions at
80% below
2005 levels
by 2050

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

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

No specific
provision

Mechanism to
Address
CarbonIntensive
Imports
A carbon
equivalency fee
would apply to
imports of
carbonpollutionintensive goods

Additional GHG
Reduction
Measures
Directs EPA to
submit report to
Congress describing
fugitive methane
emissions related to
leaks in natural gas
infrastructure and
recommending ways
to address these
leaks; directs EPA to
enter agreement with
the National
Academy of Sciences
to study GHG
emissions from noncovered sources and
make
recommendations for
reducing these
emissions

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

Imports of
carbon-intensive
goods subject to
a fee—

Separate fee for nonCO2 GHG emissions
at facilities that (1)
are subject to GHG

Projects AgencyEnergy
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
S. 2940
Whitehouse
Nov. 19, 2014

CRS-38

Fee on fossil
fuels based on
their carbon

Fee applies to coal at
mines, petroleum at
refineries, natural gas at
processors, imported

Fee continues
until national
GHG
emissions are

Fee revenue used to
create the American
Opportunity Fund,
appropriations from

No specific
provisions

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

content and
certain facilities
Fee set at
$42/mtCO2
emissions in
2015, increasing
by 2% plus
inflation each
year

fossil fuels, and facilities
that (1) are subject to
GHG reporting
requirements in 40
C.F.R. Part 98 and (2)
emit more than 25,000
tons of CO2 annually

Source: Prepared by CRS.

CRS-39

Emissions
Limit or
Target
80% below
2005 levels

Distribution of
Allowance Value
or Tax/Fee
Revenue
the fund could
support the
following
(percentages not
specified):
income assistance
to low-income
households facing
disproportionate
energy costs
tax cut offsets
Social Security
benefit increases
tuition assistanceinfrastructure
improvements
dividends to
individuals and
families
transition assistance
to workers in
energy-intensive
industries
climate mitigation
and adaptation
national debt
reduction

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports
determined by
the Secretary of
the Treasury—
that is equivalent
to the difference
in (1) costs
domestic
producers of
comparable
products incur
due to the
carbon price and
(2) the
comparable
costs (e.g., GHG
fees) imposed by
the nation
exporting the
material
Exporters of
carbon-intensive
goods may
receive a refund
related to the
increased costs
of inputs (i.e.,
fossil fuels)
subject to the
fee

Additional GHG
Reduction
Measures
reporting
requirements in 40
C.F.R. Part 98 and (2)
emit more than
25,000 mtCO2e (not
including CO2
emissions)
Additional fee for
methane emissions
from fossil fuel
extraction,
distribution, and
combustion

Table 7. GHG Emission Reduction Proposals: 114th Congress
Ordered Chronologically by Introduced Date
Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action
H.R. 972
McDermott
Feb. 13, 2015

CRS-40

General
Framework

Covered
Entities/Materials

Hybrid cap/tax
approach on
GHG emissions:
covered entities
purchase permits
from the
Department of
the Treasury for
expected
emissions
associated with
fossil fuel use
Permits cannot
be sold or
traded
Price floor and
price ceiling,
ranging between
$18.75 and
$31.25 in 2017,
increasing each
year

Coal producers,
petroleum refineries,
first seller of natural
gas, producers and
importers of GHG
emission substances

Emissions
Limit or
Target
Average
emissions
between
2016 and
2020 equal to
90% of GHG
emissions in
2005 by 2020

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

100% of the permit
revenue is used to
send monthly
dividend payments
to taxpayers

No specific
provision

Mechanism to
Address
CarbonIntensive
Imports
Unless an
exporting nation
has implemented
equivalent
measures,
imports of
carbon-intensive
goods will be
subject to a
fee—determined
by the Secretary
of the
Treasury—that
is equivalent to
the costs
domestic
producers of
comparable
products incur
due to the
carbon price
Exporters of
carbon-intensive
goods may
receive a
payment related
to the increased
costs of inputs
(i.e., fossil fuels)

Additional GHG
Reduction
Measures
No specific provision

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

subject to the
fee
H.R. 2202
Delaney
May 1, 2015

CRS-41

Imposes an
excise tax on
GHG emissions
Tax starts at
$30/mtCO2e,
increasing each
year by 4% plus
inflation

Tax applies to GHG
emissions associated
with fossil fuel
combustion and GHG
emissions from facilities
that (1) are subject to
GHG reporting
requirements in 40
C.F.R. Part 98 and (2)
emit more than 25,000
tons of GHGs annually
Directs the Treasury
Secretary to apply the
tax at natural
“chokepoints” in the
supply chain in a way
that maximizes the
coverage of the tax on
sources of emission
while minimizing the
burden on
administration and
compliance

No specific
provisions

Distributes monthly
energy refund
payments to
households based
on the household’s
gross income level;
households with
incomes up to 200%
above poverty line
are eligible, but
higher-income
households may
receive scaled
refunds under
certain conditions;
payments are based
on estimates
(calculated by the
Energy Information
Administration) of
loss of purchasing
power due to the
carbon tax
During the first 10
years of the tax, 2%
of the revenues may
be used to provide
assistance to
workers in the coal

A tax refund is
provided for
GHG emissions
that are captured
and permanently
sequestered

The Secretary of
the Treasury
may impose an
equivalency fee
on the person
importing a good
that would have
had an increased
cost (imposed by
the carbon tax)
if the good were
produced in the
United States
Exporters of
carbon-intensive
goods may
receive
compensation
for losses
related to the
tax system

No specific provision

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

industry displaced
by the act
Although not
explicitly tied to the
GHG tax revenue,
the bill would
gradually reduce the
highest tax rate on
corporate income
from 35% to 28%
S. 1548
Whitehouse
June 10, 2015

CRS-42

Fee on fossil
fuels based on
their carbon
content and on
certain facilities
for GHG
emissions

Fee applies to coal at
mines, petroleum at
refineries, natural gas at
processors, imported
fossil fuels, and facilities
that (1) are subject to
GHG reporting
requirements in 40
C.F.R. Part 98 and (2)
emit more than 25,000
tons of GHGs

Fee continues
until national
GHG
emissions are
80% below
2005 levels

The bill reduces the
highest tax rate on
corporate income
from 35% to 29%,
provides an annual
tax credit for each
individual, provides
an equivalent benefit
to individuals not
eligible for the tax
credit, provides up
to $20 billion in
annual costmitigation grants to
states to be used to
assist low-income
and rural
households with
energy costs and
support job training
and worker
assistance programs

No specific
provisions

Imports of
carbon-intensive
goods subject to
a fee—
determined by
the Secretary of
the Treasury—
that is equivalent
to the difference
in (1) costs
domestic
producers of
comparable
products incur
due to the
carbon price,
and (2) the
comparable
costs (e.g., GHG
fees) imposed by
the nation

Separate fee for
fluorinated GHGs
Separate fee for
GHGs (other than
CO2 and fluorinated
gas emissions) set at
$45/mtCO2e in 2016,
increasing by 2% plus
inflation each year
Additional fee for
methane emissions
from fossil fuel
extraction,
distribution, and
combustion (as
determined by
Secretary of the
Treasury)

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

exporting the
material
Exporters of
energy-intensive
goods may
receive a refund
related to the
increased costs
of inputs (i.e.,
fossil fuels)
subject to the
fee
S. 2399
Sanders
Dec. 10, 2015

CRS-43

Fee on fossil
fuels based on
carbon content
Fee starts at $15
mtCO2e,
increasing
annually by $2 to
$4, until reaching
$73 in 2035;
increasing
thereafter by 5%
plus inflation

A carbon content fee is
imposed on
manufacturers,
producers, or
importers of a carbon
polluting substance,
which includes fossil
fuels; carbon content
determined by the
Secretary of the
Treasury

Target of 5.8
billion metric
tons in 2020,
which is
equivalent to
20% below
2005 CO2
emissions
from fossil
fuel
combustion

Distributes
collected revenue
from fees in equal
quarterly rebates to
each citizen or
permanent resident;
Secretary of the
Treasury to issue
regulations
implementing rebate
system; the rebates
are phased out and
eliminated for
households earning
over $100,000/year
(with annual
inflation
adjustments); fees
from imported
materials would be

No specific
provisions

A carbon
equivalency fee
would apply to
imports of
carbonpollutionintensive goods,
as determined
by the Secretary
of the Treasury

Establishes the
Interagency Climate
Council to monitor
GHG emission
progress and issue
regulations to help
meet reduction
targets; creates a
grant program to
promote no-till
farming practices and
a nitrogen uptake
pilot program

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional GHG
Reduction
Measures

used to support
other objectives,
including energy
efficiency
H.R. 4283
McNerney
Dec. 17, 2015

CRS-44

Tax on fossil
fuels based on
their carbon
content “of the
life cycle
emissions”
Tax starts in
2016 at $15 per
metric ton of
CO2 emissions;
tax rate
increases
annually by
$10/ton; if
emission targets
are met, tax
ceases to apply
for four years;
tax reapplies if
subsequent
targets not met

Tax imposed on
producers, miners, or
importers of fossil fuels

Tax ceases if
life-cycle
emissions
from fossil
fuels reach
50% below
2005 levels
(as
determined
by the
Secretary of
the Treasury
in
consultation
with EPA)

Tax revenue used
to provide quarterly
dividends to every
person with a Social
Security number

No specific
provisions

Imports of
goods containing
or produced
using fossil fuels
subject to a
carbon
equivalency
fee—determined
by the Secretary
of the
Treasury—that
is equal to the
cost that U.S.
producers of a
comparable
good incur as a
result of the U.S.
carbon tax; this
fee expires if the
exporting nation
implements
equivalent
measures or if
an international
agreement
requires
equivalent
measures

No specific
provisions

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of
Allowance Value
or Tax/Fee
Revenue

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports
Exporters of
fossil fuels or
materials that
used fossil fuels
during
production or
manufacture may
receive a tax
refund related to
the increased
costs of inputs
(i.e., fossil fuels)
subject to the
carbon tax

Source: Prepared by CRS.

CRS-45

Additional GHG
Reduction
Measures

Table 8. GHG Emission Reduction Proposals: 115th Congress
Ordered Chronologically by Introduced Date
Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

Emissions
Limit or
Target

Mechanism to
Address
CarbonIntensive
Imports

General
Framework

Covered
Entities/Materials

H.R. 2014
Delaney
Apr. 6, 2017

Imposes an
excise tax on
GHG emissions
Tax starts at
$30/metric ton of
CO2e, increasing
each year by 4%
plus inflation

Tax applies to GHG
emissions associated
with fossil fuel
combustion and GHG
emissions from
persons who (1) are
subject to GHG
reporting
requirements in 40
C.F.R. Part 98 and (2)
emit more than 25,000
tons of GHGs annually
Directs the Treasury
Secretary to apply the
tax at natural
chokepoints in the
supply chain in a way
that maximizes the
coverage of the tax on
sources of emission
while minimizing the
burden on
administration and
compliance

No specific
provisions

Distributes monthly energy refund
payments to households, based on
the household’s gross income level;
households with incomes up to
200% above poverty line are
eligible, but higher-income
households may receive scaled
refunds under certain conditions;
payments are based on estimates
(calculated by the Energy
Information Administration) of loss
of purchasing power due to the
carbon tax
During the first 10 years of the tax,
2% of the revenues may be used to
provide assistance to workers in
the coal industry displaced by the
act
Although not explicitly tied to the
GHG tax revenue, the bill would
gradually reduce the highest tax
rate on corporate income from
35% to 28%

A tax refund is
provided for
GHG emissions
that are captured
and permanently
sequestered

The Secretary of
the Treasury may
impose an
equivalency fee on
the person
importing a good
that would have
had an increased
cost (imposed by
the carbon tax) if
the good is
produced in the
United States
Exporters of
carbon-intensive
goods may receive
compensation for
losses related to
the tax system

S. 1639
Whitehouse
July 26, 2017

Fee on fossil fuels
based on their
carbon content
and certain

Fee applies to coal at
mines, petroleum at
refineries, natural gas
at processors,
imported fossil fuels,

Fee continues
until national
GHG emissions

The bill reduces the highest tax
rate on corporate income from
35% to 29%, provides an annual tax
credit for each individual, provides
an equivalent benefit to individuals

No specific
provisions

Imports of carbonintensive goods
subject to a fee—
determined by the
Secretary of the

CRS-46

Distribution of Allowance
Value or Tax/Fee Revenue

Offset and
International
Allowance
Treatment

Additional
GHG
Reduction
Measures

Separate fee
for fluorinated
GHGs

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

H.R. 3420
Blumenauer
July 26, 2017

CRS-47

Emissions
Limit or
Target

General
Framework

Covered
Entities/Materials

Distribution of Allowance
Value or Tax/Fee Revenue

facilities for GHG
emissions
Fee set at
$49/ton CO2
emissions in
2018, increasing
by 2% plus
inflation each
year

and facilities that (1)
are subject to GHG
reporting
requirements in 40
C.F.R. Part 98 and (2)
emit more than 25,000
tons of GHGs annually

are 80% below
2005 levels

not eligible for the tax credit,
provides up to $20 billion in annual
cost-mitigation grants to states to
be used to assist low-income and
rural households with energy costs
and support job training and
worker assistance programs

Fee on fossil fuels
based on their
carbon content
and certain

Fee applies to coal at
mines, petroleum at
refineries, natural gas
at processors,

Fee continues
until national
GHG emissions

The bill reduces the highest tax
rate on corporate income from
35% to 29%, provides an annual tax
credit for each individual, provides

Offset and
International
Allowance
Treatment

No specific
provisions

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

Treasury—that is
equivalent to the
difference in (1)
costs domestic
producers of
comparable
products incur due
to the carbon
price, and (2) the
comparable costs
(e.g., GHG fees)
imposed by the
nation exporting
the material
Exporters of
energy-intensive
goods may receive
a refund related to
the increased
costs of inputs
(i.e., fossil fuels)
subject to the fee

Fee for facilities
that (1) are
subject to
GHG reporting
requirements
in 40 C.F.R.
Part 98 and (2)
emit more than
25,000
mtCO2e
emissions
(other than
CO2 or
fluorinated
GHGs)
Additional fee
for GHG
emissions
resulting from
venting, flaring,
and leaking
across the coal,
natural gas, and
petroleum
supply chains
(as determined
by Secretary of
the Treasury)

Imports of carbonintensive goods
subject to a fee—
determined by the

Separate fee
for fluorinated
GHGs

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

H.R. 4209
Larson
Nov. 1, 2017

CRS-48

Emissions
Limit or
Target

General
Framework

Covered
Entities/Materials

Distribution of Allowance
Value or Tax/Fee Revenue

facilities for GHG
emissions
Fee set at
$49/ton CO2
emissions in
2018, increasing
by 2% plus
inflation each
year

imported fossil fuels,
and facilities that (1)
are subject to GHG
reporting
requirements in 40
C.F.R. Part 98 and (2)
emit more than 25,000
tons of GHGs annually

are 80% below
2005 levels

an equivalent benefit to individuals
not eligible for the tax credit,
provides up to $20 billion in annual
cost-mitigation grants to states to
be used to assist low-income and
rural households with energy costs
and support job training and
worker assistance programs

Tax on fossil
fuels based on
their carbon
content
Tax set at
$49/mtCO2 in

Tax applies to
manufacturers,
producers, or
importers of coal,
petroleum, and natural
gas

No specific
provision

Establishes a trust fund that would
receive appropriations equal to tax
revenue received in the Treasury;
the trust fund would provide
annual funding for the following
infrastructure programs:

Offset and
International
Allowance
Treatment

No specific
provisions

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

Secretary of the
Treasury—that is
equivalent to the
difference in (1)
costs domestic
producers of
comparable
products incur due
to the carbon
price and (2) the
comparable costs
(e.g., GHG fees)
imposed by the
nation exporting
the material
Exporters of
energy-intensive
goods may receive
a refund related to
the increased
costs of inputs
(i.e., fossil fuels)
subject to the fee

Fee for facilities
that (1) are
subject to
GHG reporting
requirements
in 40 C.F.R.
Part 98 and (2)
emit more than
25,000
mtCO2e (other
than CO2 or
fluorinated
GHGs)
Additional fee
for GHG
emissions
resulting from
venting, flaring,
and leaking
across the coal,
natural gas, and
petroleum
supply chains
(as determined
by Secretary of
the Treasury)

The Secretary of
the Treasury shall
impose a fee on
imports of carbonintensive goods;
the fee will be

No specific
provisions

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

2019, increasing
by 2% plus
inflation each
year

S. 2352
Van Hollen
Jan. 29, 2018

CRS-49

Cap-and-trade
system for CO2
emissions from
fossil fuel
combustion

Distribution of Allowance
Value or Tax/Fee Revenue

Offset and
International
Allowance
Treatment

$50 billion (plus the Highway Trust
Fund shortfall) for highway (80%)
and mass transit (20%);
$5 billion for the Transportation
Investments Generating Economic
Recovery program;
$3 billion for aviation;
$5 billion for passenger rail;
$6 billion for harbors, waterways,
flood protection, and dams;
$6 billion for wastewater and
drinking water; and
$3 billion for broadband
In addition, the trust fund provides
$5 billion annually for worker
transition assistance in the fossil
fuel industries; and
12.5% for an energy refund
program that would provide
monthly payments to households
with incomes up to 150% of
poverty line
Any remaining revenues supports a
consumer tax rebate for
households with incomes up to
350% of the poverty line
Covered materials
include crude oil, coal,
natural gas, and
products derived from

2020 limit:
permits sold
equal to 20%
below 2005

Auction revenue distributed via
quarterly dividend payments to all
persons with a valid Social Security
number

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

equivalent to the
cost that domestic
producers incur
due to the carbon
tax; this fee
expires if the
exporting nation
implements
equivalent
measures or if an
international
agreement
requires equivalent
measures

No specific
provisions

Unless an
exporting nation
has implemented
equivalent
measures, imports

EPA directed
to promulgate
regulations to
address other
GHG

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

H.R. 4889
Beyer
Jan. 29, 2018

CRS-50

Emissions
Limit or
Target

General
Framework

Covered
Entities/Materials

Permits sold
through quarterly
auctions by the
Department of
the Treasury
Auction revenue
distributed to
individuals, often
described as a
“cap and
dividend”
approach
A permit reserve
and borrowed
permits from
future years may
be used to help
stabilize auction
prices

these materials used
for combustion
Covered entities
include petroleum
refineries and
importers, coal mines
and importers, and
natural gas deliverers
(as reported on Energy
Information
Administration Form
176) and some natural
gas processors

2025 limit:
permits sold
equal to 30%
below 2005 U.S.
CO2 emissions
2030 limit:
permits sold
equal to 40%
below 2005 U.S.
CO2 emissions
2040 limit:
permits sold
equal to 60%
below 2005 U.S.
CO2 emissions

Cap-and-trade
system for CO2
emissions from
fossil fuel
combustion
Permits sold
through quarterly
auctions by the
Department of
the Treasury

Covered materials
include crude oil, coal,
natural gas, and
products derived from
these materials used
for combustion
Covered entities
include petroleum
refineries and
importers, coal mines
and importers, and
natural gas deliverers

2020 target:
reduce U.S.
CO2 emissions
to 20% below
2005 levels
2030 target:
40% below 2005
levels

Distribution of Allowance
Value or Tax/Fee Revenue

Auction revenue distributed via
quarterly dividend payments to all
persons with a valid Social Security
number

Offset and
International
Allowance
Treatment

No specific
provisions

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

of carbonintensive goods
will be subject to a
fee—determined
by the Secretary of
the Treasury—
that is equivalent
to the costs
domestic
producers of
comparable
products incur due
to the carbon
price
Exporters of
carbon-intensive
goods may receive
compensation for
losses related to
the permit system

emissions that
are not
covered by the
permit
program;
emissions
“directly
attributable to
the production
of animals for
food or food
products” are
excluded

Unless an
exporting nation
has implemented
equivalent
measures, imports
of carbonintensive goods
will be subject to a
fee—determined
by the Secretary of
the Treasury—
that is equivalent

EPA directed
to promulgate
regulations to
address other
GHG
emissions that
are not
covered by the
permit
program;
emissions
“directly

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

S. 2368
Whitehouse
Feb. 5, 2018

CRS-51

General
Framework

Covered
Entities/Materials

Auction revenue
distributed to
individuals, often
described as a
“cap and
dividend”
approach
A permit reserve
and borrowed
permits from
future years may
be used to help
stabilize auction
prices

(as reported on Energy
Information
Administration Form
176) and some natural
gas processors

Fee on fossil fuels
based on their
carbon content
and certain
facilities for GHG
emissions
Fee set at
$50/ton CO2
emissions in
2019, increasing
by 2% plus
inflation each
year

Fee applies to coal at
mines, petroleum at
refineries, natural gas
at processors,
imported fossil fuels,
and facilities that (1)
are subject to GHG
reporting
requirements in 40
C.F.R. Part 98 and (2)
emit more than 25,000
tons of GHGs annually

Emissions
Limit or
Target

Fee continues
until national
GHG emissions
are 80% below
2005 levels

Distribution of Allowance
Value or Tax/Fee Revenue

The bill provides an annual tax
credit for each individual, provides
an equivalent benefit to individuals
not eligible for the tax credit,
provides up to $10 billion in annual
cost-mitigation grants to states to
be used to assist low-income and
rural households with energy costs
and support job training and
worker assistance programs; this
amount increases annually

Offset and
International
Allowance
Treatment

No specific
provisions

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

to the costs
domestic
producers of
comparable
products incur due
to the carbon
price
Exporters of
carbon-intensive
goods may receive
compensation for
losses related to
the permit system

attributable to
the production
of animals for
food or food
products” are
excluded

Imports of carbonintensive goods
subject to a fee—
determined by the
Secretary of the
Treasury—that is
equivalent to the
difference in (1)
costs domestic
producers of
comparable
products incur due
to the carbon
price and (2) the
comparable costs
(e.g., GHG fees)
imposed by the

Separate fee
for fluorinated
GHGs
Separate fee
for GHGs
(other than
CO2 and
fluorinated gas
emissions) at
facilities that
(1) are subject
to GHG
reporting
requirements
in 40 C.F.R.
Part 98 and (2)
emit more than
25,000

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

H.R. 4926
Blumenauer
Feb. 5, 2018

CRS-52

General
Framework

Fee on fossil fuels
based on their
carbon content
and certain
facilities for GHG
emissions
Fee set at
$50/ton CO2
emissions in
2019, increasing
by 2% plus
inflation each
year

Covered
Entities/Materials

Fee applies to coal at
mines, petroleum at
refineries, natural gas
at processors,
imported fossil fuels,
and facilities that (1)
are subject to GHG
reporting
requirements in 40
C.F.R. Part 98 and (2)
emit more than 25,000
tons of GHGs annually

Emissions
Limit or
Target

Fee continues
until national
GHG emissions
are 80% below
2005 levels

Distribution of Allowance
Value or Tax/Fee Revenue

The bill provides an annual tax
credit for each individual, provides
an equivalent benefit to individuals
not eligible for the tax credit,
provides up to $10 billion in annual
cost-mitigation grants to states to
be used to assist low-income and
rural households with energy costs
and support job training and
worker assistance programs; this
amount increases annually

Offset and
International
Allowance
Treatment

No specific
provisions

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

nation exporting
the material
Exporters of
energy-intensive
goods may receive
a refund related to
the increased
costs of inputs
(i.e., fossil fuels)
subject to the fee

mtCO2e
emissions
Additional fee
for GHG
emissions
resulting from
venting, flaring,
and leaking
across the coal,
natural gas, and
petroleum
supply chains
(as determined
by Secretary of
the Treasury)

Imports of carbonintensive goods
subject to a fee—
determined by the
Secretary of the
Treasury—that is
equivalent to the
difference in (1)
costs domestic
producers of
comparable
products incur due
to the carbon
price and (2) the
comparable costs
(e.g., GHG fees)
imposed by the

Separate fee
for fluorinated
GHGs
Separate fee
for GHGs
(other than
CO2 and
fluorinated gas
emissions) at
facilities that
(1) are subject
to GHG
reporting
requirements
in 40 C.F.R.
Part 98 and (2)
emit more than

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

H.R. 6463
Curbelo
July 23, 2018

CRS-53

General
Framework

Tax on fossil
fuels based on
their carbon
content and on
emissions from
specific facilities
and sources
Tax starts at
$24/metric ton of
CO2e, increasing
by 2% plus
inflation each
year

Covered
Entities/Materials

Tax applies to coal at
mines, petroleum at
refineries, natural gas
at processors,
imported fossil fuels,
facilities in specified
industrial sectors that
emit more than 25,000
metric tons of CO2e
annually, facilities that
manufacture or import
specified products, and
facilities that combust
biomass with emissions
above 25,000 metric
tons of CO2e

Emissions
Limit or
Target

No specific
provision
Authorizes the
Secretary of the
Treasury to
increase the tax
rate if annual,
cumulative
emission
reduction
targets are not
met (e.g., 5,177
million metric
tons CO2e in
2020)

Distribution of Allowance
Value or Tax/Fee Revenue

Establishes a trust fund that
receives appropriations equal to
75% of tax revenue deposited in
the Treasury; from this amount,
the trust fund provides annual
funding for the following objectives
(“as provided in appropriations
acts”) between FY2021 and
FY2030:
70% to the Federal Highway Trust
Fund;
10% to the states as grants to lowincome households;
5.0% for frequent and chronic
coastal flooding mitigation and
adaptation infrastructure projects;

Offset and
International
Allowance
Treatment

No specific
provisions

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

nation exporting
the material
Exporters of
energy-intensive
goods may receive
a refund related to
the increased
costs of inputs
(i.e., fossil fuels)
subject to the fee

25,000
mtCO2e
Additional fee
for GHG
emissions
resulting from
venting, flaring,
and leaking
across the coal,
natural gas, and
petroleum
supply chains
(as determined
by Secretary of
the Treasury)

Imports of carbonintensive goods
subject to a
border tax—
determined by the
Secretary of the
Treasury—that is
equivalent to the
costs in
comparable
domestic
manufactured
goods (associated
with the carbon
tax)
Exporters of
energy-intensive

Establishes a
conditional
moratorium on
Clean Air Act
GHG
regulations for
stationary
emissions
sources (with
some
exceptions)
Creates a
National
Climate
Commission to
set five-year
emission

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Emissions
Limit or
Target

Distribution of Allowance
Value or Tax/Fee Revenue

Offset and
International
Allowance
Treatment

3.0% for displaced energy workers;
2.7% for various energy-related
research and development
objectives (e.g., carbon capture and
storage);
3.0% to support agricultural GHG
sequestration projects;
2.5% for the Airport and Airway
Trust Fund;
2.0% for the Abandoned Mine
Reclamation Fund;
1.5% for the Department of Energy
weatherization program;
0.1% for the Leaking Underground
Storage Tank trust fund;
0.1% for the Reforestation Trust
Fund;
0.1% to decrease the
environmental impact of renewable
energy activities pursuant to
Section 931 of the Energy Policy
Act of 2005
H.R. 6928
McNerney
Sept. 27, 2018

CRS-54

Tax on fossil
fuels based on
their carbon
content “of the
life cycle
emissions”
Tax starts in
2020 at $25 per

Tax imposed on
producers, miners, or
importers of fossil
fuels

Tax ceases if
emission targets
are met; targets
based on lifecycle emission
reductions (as
determined by
EPA) from fossil

Establishes a trust fund that
receives appropriations equal to
carbon tax revenues received in
the Treasury
Subject to the appropriations
process, tax revenue used to offset
a corresponding reduction in
individual income tax rates starting

No specific
provisions

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

goods may receive
a tax refund
related to the
increased costs of
inputs (i.e., fossil
fuels) subject to
the tax

reduction goals
between 2025
and 2050 and
assess the
effectiveness of
federal policies
in meeting
these goals

Imports of goods
containing or
produced using
fossil fuels subject
to a carbon
equivalency fee—
determined by the
Secretary of the

No specific
provisions

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework
metric ton of
CO2 emissions;
tax rate increases
annually by
$10/ton; if
emission targets
are met, tax
ceases to apply
for four years;
tax reapplies if
subsequent
targets not met

CRS-55

Covered
Entities/Materials

Emissions
Limit or
Target
fuels below
2005 levels:
2025: 30%
2030: 40%
2035: 50%
2040: 70%
2050: 80%

Distribution of Allowance
Value or Tax/Fee Revenue
in 2019; remaining revenues would
be allocated as follows:
80% used to provide quarterly
dividends to every person with a
Social Security number
20% used to support a range of
objectives, including:
-worker transition assistance
-rural energy assistance
-technology-neutral research and
development
-electric grid innovation
-infrastructure resilience
-energy efficiency and conservation

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports
Treasury—that is
equal to the cost
that U.S.
producers of a
comparable good
incur as a result of
the U.S. carbon
tax; this fee
expires if the
exporting nation
implements
equivalent
measures or if an
international
agreement
requires equivalent
measures
Exporters of fossil
fuels or materials
that used fossil
fuels during
production or
manufacture may
receive a tax
refund related to
the increased
costs of inputs
(i.e., fossil fuels)
subject to the
carbon tax

Additional
GHG
Reduction
Measures

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

Emissions
Limit or
Target

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

General
Framework

Covered
Entities/Materials

H.R. 7173
Deutch
Nov. 27, 2018

Fee on fossil fuels
based on their
GHG content
Fee set at
$15/mtCO2e
emissions in
2019, increasing
by $10 each year
If emission
reduction targets
are not met, fee
increases by $15;
if targets met, fee
does not increase
Provides a rebate
for fuels used on
a farm

Covered entities
include petroleum
refineries and
importers, coal mines
and importers, natural
gas deliverers, and
some natural gas
processors

Emission
reduction
targets apply to
fossil fuel
combustion
emissions;
starting in 2022,
annual
reductions of
5% of 2015
levels (253
million
mtCO2e)
between 2022
and 2029; less
stringent
reductions in
subsequent
years

Establishes a trust fund that
receives appropriations equal to
emission fee revenues received in
the Treasury; monies in the trust
fund are available (after
administrative expenses) to
provide monthly payments to
eligible individuals (i.e., persons
with a Social Security number or
taxpayer identification number);
adults get one share and children
receive a half-share

No specific
provisions

Imports of carbonintensive products
subject to a fee—
determined by the
Secretary of the
Treasury—that is
equivalent to the
excess of (1) GHG
emissions from
production
multiplied by the
relevant U.S.
emissions fee over
(2) the total
foreign product
cost of carbon;
Exporters of
carbon-intensive
products (and
covered fuels) may
receive a refund
under an
analogous formula

Separate fee
for fluorinated
GHGs set at
10% of fee for
fossil fuel
emissions
Suspends
enforcement of
certain Clean
Air Act GHG
regulations; if
EPA
determines (in
2030 and every
five years
thereafter)
emission
targets are not
met, the
enforcement
suspension
would cease
and EPA must
promulgate
regulations to
reduce
emissions from
covered fuels

S. 3791
Coons
Dec. 19, 2018

Fee on fossil fuels
based on their
GHG content

Covered entities
include petroleum
refineries and
importers, coal mines

Emission
reduction
targets apply to
fossil fuel

Establishes a trust fund that
receives appropriations equal to
emission fee revenues received in
the Treasury; monies in the trust

No specific
provisions

Imports of carbonintensive products
subject to a fee—
determined by the

Separate fee
for fluorinated
GHGs set at
10% of fee for

CRS-56

Distribution of Allowance
Value or Tax/Fee Revenue

Offset and
International
Allowance
Treatment

Bill Number,
Sponsor,
Introduced
Date, and
Committee
or Floor
Action

General
Framework

Covered
Entities/Materials

Fee set at
$15/mtCO2e
emissions in
2019, increasing
by $10 each year
If emission
reduction targets
are not met, fee
increases by $15;
if targets met, fee
does not increase
Provides a rebate
for fuels used on
a farm

and importers, natural
gas deliverers, and
some natural gas
processors

Source: Prepared by CRS.

CRS-57

Emissions
Limit or
Target
combustion
emissions;
starting in 2022,
annual
reductions of
5% of 2015
levels (253
million
mtCO2e)
between 2022
and 2029; this
equates to a
50% reduction
in 2030
compared to
2005 levels; less
stringent
reductions in
subsequent
years

Distribution of Allowance
Value or Tax/Fee Revenue
fund are available (after
administrative expenses) to
provide monthly payments to
eligible individuals (i.e., persons
with a Social Security number or
taxpayer identification number);
adults get one share and children
receive a half-share

Offset and
International
Allowance
Treatment

Mechanism to
Address
CarbonIntensive
Imports

Additional
GHG
Reduction
Measures

Secretary of the
Treasury—that is
equivalent to the
excess of(1) GHG
emissions from
production
multiplied by the
relevant U.S.
emissions fee over
(2) the total
foreign product
cost;
Exporters of
carbon-intensive
products (and
covered fuels) may
receive a refund
under an
analogous formula

fossil fuel
emissions
Directs EPA to
evaluate
effectiveness of
fee program in
meeting
emission
reduction
targets; if
targets are
met, EPA may
review existing
regulations on
fossil fuel
combustion
and fluorinated
GHG
emissions

Table 9. GHG Emission Reduction Proposals: 116th Congress
Ordered Chronologically by Introduced Date
Bill Number,
Sponsor,
Introduced
Date, and
Committee or
Floor Action
H.R. 763
Deutch
Jan. 24, 2019

CRS-58

General
Framework

Covered
Entities/Materials

Emissions Limit or
Target

Distribution of Allowance
Value or Tax/Fee Revenue

Fee on fossil
fuels based on
their GHG
content
Fee set at
$15/mtCO2e
emissions in
2019, increasing
by $10 each year
plus inflation
If emission
reduction targets
are not met, fee
increases by $15
plus inflation; if
targets met, fee
does not
increase
Provides a
rebate for fuels
used on a farm
and for fuels or
their derivatives
used by U.S.
Armed Forces

Co

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR45472. Public record. Not legal advice.
