Side-by-Side Comparison of Climate Change Provisions in Omnibus Energy Legislation in the 110th Congress

Order Code RL34282

Side-by-Side Comparison of Climate Change

Provisions in Omnibus Energy Legislation in the

110th Congress

Updated December 14, 2007

Jane A. Leggett, Coordinator, Eugene H. Buck, Nicole T. Carter,

M. Lynne Corn, Susan R. Fletcher, Peter Folger,

Ross W. Gorte, Linda Luther, Larry Parker,

Pervaze A. Sheikh, and Fred Sissine

Resources, Science, and Industry Division

Robert Meltz

American Law Division

Wayne A. Morrissey

Knowledge Services Group

Side-by-Side Comparison of

Climate Change Provisions in Omnibus Energy

Legislation in the 110th Congress

Summary

In the 110th Congress, the House and the Senate passed several different

versions of omnibus energy legislation containing provisions to address climate

change and greenhouse gas emissions. The House originally passed H.R. 6 in

January 2007. The Senate passed an amended version in June 2007. In August 2007,

the House passed a new and broader-ranging omnibus energy bill, H.R. 3221. On

December 6, 2007, the House substituted the Senate’s text of H.R. 6 with an

amendment containing many provisions from H.R. 3221 and some from Senatepassed H.R. 6. On December 13, the Senate again passed an amended H.R. 6. This

report compares climate-specific provisions in the various energy bills.

The version of H.R. 6 passed by the Senate on December 13 was very similar

to the version passed by the House on December 6, though without controversial

provisions that would have reduced tax incentives for oil production. All the climate

change-specific provisions covered in this report were identical in these versions.

The House had already omitted in H.R. 6 most of the climate-specific provisions

contained in H.R. 3221. Remaining in H.R. 6, as passed by both the House

(12/6/2007) and Senate (12/13/2007) are: programs to develop carbon sequestration

technologies; international programs to promote efficient and clean energy; and an

Office of Climate Change and Environment in the Department of Transportation.

This report compares provisions specifically directed at climate change in

recently passed omnibus energy legislation, including H.R. 3221 as passed August

4, H.R. 6 as passed by the Senate on June 21, H.R. 6 as passed by the House on

December 6, and H.R. 6 as passed by the Senate on December 13, 2007. Comments

on provisions are included as appropriate.

Contents

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

List of Tables

Table 1. Climate Change Provisions in H.R. 3221 and H.R. 6 . . . . . . . . . . . . . . . 3

Side-by-Side Comparison of

Climate Change Provisions in Omnibus

Energy Legislation

Introduction

In the first session of the 110th Congress, the House and the Senate passed very

different versions of omnibus energy legislation. The House originally passed H.R.

6 in January 2007. The Senate passed an amended version in June 2007. In August

2007, the House passed a new and broader-ranging omnibus energy bill, H.R. 3221.

On December 6, 2007, the House substituted the Senate’s text of H.R. 6 with an

amendment containing many provisions from H.R. 3221 and some from Senatepassed H.R. 6. The Senate, then, on December 13, concurred with the House-passed

version but eliminated controversial provisions taking away tax incentives for the oil

industry and setting a minimum standard for renewable energy in electricity

generation. This report compares climate-related provisions in the current energy

legislation. The provisions covered in this report were identical in the versions of

H.R. 6 passed by the House on December 6 and the Senate on December 13.

Most provisions in the current version of H.R. 6, originated in the House-passed

H.R. 3221, although many provisions in H.R. 3221 that specifically addressed

climate change or greenhouse gas emissions were omitted. Provisions previously

passed by the House but now omitted from H.R. 6 include: statements of federal

climate change policy; repeal and replacement of the U.S. Global Change Research

Program; assessment of climate change impacts and adaptation strategies; and

required reductions of greenhouse gases (GHG) by federal agencies.

While virtually all energy provisions have implications for GHG emissions or

technology development, H.R. 6, as passed by the House on December 6, 2007, and

the Senate on December 13, includes several provisions that specifically address

climate change or greenhouse gases. These climate-specific provisions in the latest

versions of H.R. 6 include:

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1

measures to promote GHG reducing technologies1 overseas,

assessments of geological and terrestrial carbon sequestration,

establishment of an Office of Climate Change and Environment in

the Department of Transportation, and

The term “clean and efficient energy” is defined in House-passed H.R. 6 Title IX as

technology that will, inter alia, reduce GHG emissions compared to technologies in

widespread commercial use in a recipient country.

CRS-2

!

an audit of the U.S. tax code to estimate the magnitude of impacts

of its provisions on GHG emissions.

This report compares provisions specifically directed at climate change topics

in recently passed omnibus energy legislation. The provisions covered in this report

are identical in the versions of H.R. 6 that passed the House on December 6 and the

Senate on December 13. (For legislation on energy efficiency and renewable energy,

see CRS Report RL33831 — Energy Efficiency and Renewable Energy Legislation

in the 110th Congress, by Fred Sissine, Lynn J. Cunningham and Mark Gurevitz.) A

side-by-side comparison follows of House-passed H.R. 3221 with H.R. 6 (passed by

the Senate 6/21/2007; by the House 12/6/2007 and the Senate 12/14/2007).

CRS-3

Table 1. Climate Change Provisions in H.R. 3221 and H.R. 6

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Comments

ENERGY INDEPENDENCE AND SECURITY ACT OF 20072

CRS Experts: Susan Fletcher (sfletcher@crs.loc.gov; 7-7231); Jane Leggett (jaleggett@crs.loc.gov; 7-9525)

TITLE II, United States Policy on

Global Climate Change, Subtitle A,

Sec. 2102 contains Congressional

Statement of Policy. The United

States will take a leadership role,

participating more actively and

constructively in the

intergovernmental climate change

process, and seek to obtain mitigation

commitments from all major

greenhouse gas (GHG) emitting

countries under the United Nations

Framework Convention on Climate

Change (UNFCCC). The United

States is to serve this goal by

engaging in high level dialogue on

climate change with the Group of 8

(G-8), China, India, Brazil, and

others. While protecting U.S.

national and economic interests and

U.S. competitiveness, the United

States is to participate in negotiation

of a new agreement under the

UNFCCC that would include binding

mitigation commitments from all

major emitting countries, and address

the need for adaptation.

2

No comparable provision.

Like the Senate-passed H.R. 6,

House-passed H.R. 6 omitted this

provision.

The United States rejected the Kyoto

Protocol, with commitments by

industrialized countries to reduce

GHG emissions, because it did not

contain commitments by large

developing country emitters (e.g.,

China) and it was perceived to be too

costly.

The United States continues to

participate in UNFCCC negotiations

(parent treaty of the Protocol), but

insists that negotiations towards a

post-2012 treaty should not include

binding commitments to reduce

GHG. President Bush initiated a

high-level dialogue on climate

change with major GHG-emitting

nations, parallel to the UNFCCC

negotiations, beginning September

2007 in Washington DC, to run

through 2008. Both President Bush’s

policy and the U.N. have a goal of

reaching agreement on a global treaty

in 2009.

The headings used in the table are those in the latest-passed bill, H.R. 6 as passed by the House on December 6, 2007.

CRS-4

H.R. 3221

(Passed House 8/4/2007)

Sec. 2103 establishes an Office on

Global Climate Change within the

Dept. of State, headed by an

Ambassador-at-Large to advance

U.S. goals concerning reducing

emissions of GHGs and serve as a

principal adviser to the President and

Secretary of State on climate change

policy.

H.R. 6

(Passed Senate 6/21/2007)

No comparable provision.

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Comments

Omitted.

Assistance to Promote Clean and Efficient Energy Technologies in Foreign Countries

CRS Experts: Susan Fletcher (sfletcher@crs.loc.gov; 7-7231); Jane Leggett (jaleggett@crs.loc.gov; 7-9525)

Subtitle B, Sec. 2201, Congressional

Findings, reviews existing authorities

and notes inadequate funding. It

recognizes the U.S. Government’s

Asia-Pacific Partnership on Clean

Development and Climate, but as a

non-binding framework that does not

require GHG emissions reductions

from the six partnership countries.

Sec. 2202, United States Assistance

for Developing Countries, authorizes

$200 million annually for the U.S.

Agency for International

Development (AID) over the fiscal

years 2008 - 2012 to support policies

and programs in developing countries

that promote clean and efficient

energy technologies, and to promote

the use of American-made clean and

efficient energy technologies

products, and energy and

environmental management services.

The Administrator of U.S. AID is to

submit an annual report on the

implementation.

No comparable provision.

Title IX omits the Congressional

Findings of H.R. 3221 and references

to the Asia-Pacific Partnership on

Clean Development and Climate. It

defines “clean and efficient energy

technology” as technology that will,

inter alia, reduce greenhouse gas

emissions compared to technologies

in widespread commercial use in a

recipient country.

Sec. 911 is the same as H.R. 3221

Sec. 2202.

The U.S. Government’s Asia-Pacific

Partnership on Clean Development

and Climate (APP) was launched by

President G.W. Bush as a major

initiative to address climate change

internationally, outside of the UN

FCCC and Kyoto Protocol

framework. It currently includes the

United States, Australia, Canada,

China, India, Japan and South Korea.

Its website describes the APP’s focus

as “expanding investment and trade

in cleaner energy technologies, goods

and services in key market sectors.”

[http://www.asiapacificpartnership.or

g]

CRS-5

H.R. 3221

(Passed House 8/4/2007)

Sections 2203-2206 outline steps to

be taken by (1) the Secretary of

Commerce through the U.S. Foreign

Commercial Service and the

International Trade Administration,

(2) the Overseas Private Investment

Corporation (OPIC), and (3) the U.S.

Trade and Development Agency to

promote the use of clean and efficient

energy technologies, and to give

preferential treatment to projects

promoting these goals and U.S.

exports to meet them. The Secretary

shall submit annual reports in 20082012. Authorizes sums as may be

necessary in each fiscal year of 20082012.

H.R. 6

(Passed Senate 6/21/2007)

No comparable provision.

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Secs. 912-913 are the same as H.R.

3221’s section 2203-2204.

Sec. 914 omits the Congressional

Findings but includes H.R. 3221’s

Sense of the Congress that OPIC

should promote greater investment in

clean and efficient energy

technologies, and related actions.

Sec. 915 is nearly the same as Sec.

2206 of H.R. 3221, but softens the

preference to be given to clean and

efficient technologies by the Trade

and Development Agency.

Comments

CRS-6

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Sec. 2208 requires the President to

provide assistance to the Interagency

Working Group to Support a Clean

Energy Technology Exports

Initiative, in accord with its five-year

strategic plan (2002). Requires an

annual report to Congress on

implementation. Authorizes $5

million for each fiscal year 20082012.

No comparable provision.

Sec. 916 requires the President to

establish within 90 days a Task Force

on International Cooperation for

Clean and Efficient Energy

Technologies. Within 1 year, the

Task Force shall submit a strategy to

promote adoption, and to facilitate

the export, of clean and efficient

energy technologies in major

developing countries, and to develop

related financial instruments and

mechanisms, consistent with the rules

of the World Trade Organization.

The strategy shall be updated every 3

years. The Task Force shall also

establish an Interagency Working

Group, which shall establish an

Interagency Center on the Export of

Clean and Efficient Energy

Technologies. The Task Force shall

terminate in 12 years. Requires a

triennial report to Congress.

Authorizes $5 million for each fiscal

year 2008 - 2020.

Sec. 2207, the Global Climate

Change Exchange Program,

authorizes the Secretary of State to

establish a program to strengthen

research and educational exchange,

and international cooperation to

reduce GHG emissions and address

challenges posed by climate change.

An annual report is required on

implementation of this program, and

$3 million annually is authorized for

each fiscal year 2008 - 2012.

No comparable provision.

Omitted.

Comments

CRS-7

H.R. 3221

(Passed House 8/4/2007)

Sec. 2209 requires a report within

180 days after enactment on the

impact of global climate change on

developing countries. It must contain

an assessment of current and

anticipated needs of developing

countries to adapt, and a strategy to

meet those needs, including U.S.

assistance, and identifying funding

sources.

H.R. 6

(Passed Senate 6/21/2007)

No comparable provision.

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Omitted.

International Clean Energy Foundation

CRS Experts: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)

Subtitle C establishes an

International Clean Energy

Foundation as a government

corporation, to serve foreign policy

and energy goals of reducing GHG

emissions. The Foundation shall,

inter alia, make grants to projects

demonstrating technologies,

processes and services to reduce

GHG emissions; solicit additional

funding from other governments;

create a repository of information on

best practices; and promote

American-made energy technologies.

An annual report to Congress is

required regarding implementation in

the prior fiscal year. Authorizes $20

million in each fiscal year 20082012.

No comparable provision.

Subtitle B establishes an

International Clean Energy

Foundation as a government

corporation, to serve foreign policy

and energy goals of reducing GHG

emissions. It is nearly identical to

Subtitle C of H.R. 3221. In Sec.

923(6), the Foundation shall give

preferences to entities incorporated in

the United States and whose

technologies will be substantially

manufactured in the United States.

Authorizes $20 million in each fiscal

year 2009-2013.

Comments

CRS-8

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

SCIENCE AND TECHNOLOGY

Advanced Research Projects Agency-Energy

CRS Expert: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)

Title IV, Subtitle A establishes the

Advanced Research Projects AgencyEnergy (ARPA-E), reporting to the

Secretary of the Department of

Energy (DOE), to conduct long-term

and high risk research on novel

energy technologies. Goals include

reducing greenhouse gases.

Establishes in the Department of the

Treasury an Energy Transformation

Acceleration Fund with authorization

for $3 million for FY2008, rising to

$1.3 billion in 2012. ARPA-E is to be

evaluated within 6.5 years.

No comparable provision.

Omitted.

Comments

CRS-9

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Comments

Title VII, Subtitle A is similar to

Title IV, Subtitle F of H.R. 3221, but

it specifically excludes tests

conducted for the FutureGen project.

Also, it does not set a limit for the

number of large-scale carbon capture

demonstration tests.

Title VII also states that nothing in

Subtitle A authorizes promulgation

of any requirement that conflicts with

or is inconsistent with the Safe

Drinking Water Act. H.R. 6

authorizes slightly higher

appropriations for Subtitle A

compared to the similar provision in

H.R. 3221. Authorizes $240 million

in each fiscal year 2008-2012 for

Sec. 702 demonstration and testing,

and $200 million for Sec. 703, large

scale carbon capture for each fiscal

year 2009-2013. Another $1 million

is authorized for Sec. 705 training

and research, and $5 million “in each

fiscal year” for safety research. Sec.

708 authorizes $10 million for a

grant program to universities for

research and development.

H.R. 6 does not include an NAS

review of the DOE programs, or

establish a university-based grant

program for geological sequestration

science. H.R. 6 does not require that

the EPA Administrator conduct

research that determines procedures

necessary to assess impacts of CO2

capture and sequestration on public

health and safety and on the

environment. H.R. 3221 authorizes a

higher level of appropriations for

programs under Title IV, Subtitle F

than H.R. 6.

Carbon Capture and Storage

CRS Expert: Peter Folger (pfolger@crs.loc.gov; 7-1517)

Title IV, Subtitle F expands the DOE

program for carbon capture to

include R&D for carbon storage and

demonstration. DOE would conduct

7 initial large-volume sequestration

tests, preferably using carbon dioxide

from large industrial or electricitygenerating sources, and would

conduct at least 3 large-scale carbon

capture demonstration tests from

industrial sources of CO2. Beginning

in 2011, the National Academy of

Sciences (NAS) would review the

large-scale sequestration and capture

programs. The Environmental

Protection Agency (EPA) would

conduct a research program to assess

potential impacts of CO2 storage on

the environment, public health, and

safety associated with capture and

sequestration. A grant program for

graduate degrees in geological

sequestration science would be

established.

Title III of H.R. 6 is similar to Title

IV, Subtitle F of H.R. 3221. It

expands the DOE program to include

carbon storage and carbon capture

demonstration projects.

See also provisions on geological and

terrestrial sequestration assessment

and activities, below.

CRS-10

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Comments

Global Change Research

CRS Expert: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)

Subtitle G repeals and replaces

P.L.101-606, the Global Change

Research Act of 1990. Continues

existing U.S. Global Change

Research Program (USGCRP), but

under lead of the White House Office

of Science and Technology Policy,

with authority to “allocate” funds.

Directs the President to establish an

“interagency committee” and develop

the National Global Change Research

Plan (“the Plan”). The Global Change

Research Program (“the Program”)

implements the Plan. Requires that

the research program (1) respond to

information needs of communities

and decision-makers [Sec. 4614(a)],

(2) periodically assess vulnerabilities

to global change [Sec. 4617]; (3)

periodically assess policy options to

mitigate or adapt to the effects of

global change [Sec. 4618] and (4)

report annually to Congress [Sec.

4619]. Widens the scope of

“research” by adding economic and

demographic research. Establishes

Climate and Other Global Data

Management, including an

interagency working group [Sec.

4633], and a Global Change Research

Information Exchange [Sec. 4622].

No comparable provision.

Sec. 306, Assessment of Carbon

Sequestration and Methane and

Nitrous Oxide Emissions from

Terrestrial Ecosystem, and Sec. 307,

Abrupt Climate Change Research

Program, are related but narrower

provisions regarding specific

research tasks in H.R. 6.

Omitted.

“Global change” in H.R. 3221

includes climate change and other

environmental changes that are

global in scope. Compared to existing

law, H.R. 3221 makes the USGCRP

more operational and policy-oriented.

Increases the role of potential

decision-makers in program design.

Adds data management to federal

agency missions and establishes

federal global change data policies.

Includes functions that may not be

considered “research” under the

existing program, such as:

operational data acquisition and

management; user or client services;

and policy assessment. H.R. 6 moves

budget coordination and reporting

from the interagency committee to

the President.

CRS-11

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Subtitle G requires studies and

reports to Congress on Ice Sheets

[Sec. 4623] and on Hurricane

Frequency and Intensity [Sec. 4624],

within 18 months after enactment.

No comparable provision.

Omitted.

Subtitle H, Sec. 4701, establishes

competitive, cash “H-Prizes” for

advancing hydrogen power [Sec.

4701], with reporting to Congress on

awards given. Funding comes from

appropriations and sums to be raised

from private entities and individuals

by the private, non-profit entity

administering the competitions. The

authority to announce prize

competitions ends on Sept. 30, 2018.

No comparable provision.

Sec. 654 is similar to provisions in

H.R. 3221.

Comments

The H-Prize program was under

Global Change Research in H.R.

3221 but appears under Title VI —

Accelerated Research and

Development of House-passed H.R.

6.

CARBON-NEUTRAL GOVERNMENT

Federal Government Inventory and Management of Greenhouse Gas Emissions

CRS Expert: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)

Title VI Subtitle A requires each

federal agency to annually report its

GHG emissions for the preceding

year, including those due to work

performed by contractors, and all air

travel [Sec. 6101]. The Administrator

of the EPA shall promulgate annual

GHG reduction targets for each

agency for 2010-2050, to achieve

zero net GHG emissions by FY2050

[Sec. 6102]. Each agency submits

plans and manages its GHG

emissions to achieve its targets [Sec.

6102(d) and (e)], and submits annual

efficiency status reports to the

Director of OMB [Sec. 6209].

No comparable provision.

Omitted.

See separate, related provisions in

both bills on modifications to the

U.S. Capitol power plant to reduce its

GHG emissions, described elsewhere

in this matrix.

CRS-12

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Title VI Subtitle A allows agencies to

achieve their targets in part through

GHG offsets in FY2015 if no

national mandatory economy-wide

cap-and-trade program has been

enacted by 2010. Authorizes agencies

to purchase qualified GHG offsets or

renewable energy certificates [Sec.

6102(e)(3) and Sec. 6103]. The

President may exempt an agency for

periods of one year. Authorizes such

sums as may be necessary, but

limited in each Executive agency or

Legislative branch office to no more

than 0.01% of discretionary

appropriations in FY2009 and 2010

for purchase of offsets and

certificates. Section 6103 directs the

Comptroller General to issue a report

on markets for GHG emission offsets

by April 1, 2008, and evaluate the

pilot offsets exchange by April 1,

2011. The pilot offsets and

certificates project ceases by

FY2011.

No comparable provision.

Omitted.

Sec. 6102(f) provides for the federal

resource management agencies — the

Forest Service, the Bureau of Land

Management, the National Park

Service and the Fish and Wildlife

Service — to study management

strategies that would enhance carbon

sequestration and reduce negative

impacts of “global warming,” to test

selected strategies, and to report to

Congress on results within 4 years of

enactment.

No comparable provision.

Under Sec. 712(c)(3)(C) the

Secretary of the Interior... shall

“develop near-term and long-term

adaptation strategies or mitigation

strategies that can be employed... to

adapt to climate change.”

See related provisions regarding

terrestrial sequestration [Title VII,

Subtitle D, Chapter 2, Sec. 7421].

Comments

This provision in House-passed H.R.

6 has a narrower definition and scope

than the provision in H.R. 3221, by

defining adaptation as measures to

increase sequestration or reduce

emissions of named greenhouse

gases.

See Natural Resources and Wildlife

Programs provisions, below.

CRS-13

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Comments

Federal Government Energy Efficiency — Judicial review

CRS Experts: Robert Meltz (rmeltz@crs.loc.gov; 7-7891)

Title VI, Subtitle B, Sec. 6212

defines any nondiscretionary act or

duty by a federal agency under Title

VI (or under any amendment made

by Title VI) as a “final agency

action” for purposes of the

Administrative Procedure Act (APA),

a statute that limits judicial review of

federal agency action to final agency

action. A person would be

considered “aggrieved,” as also

required by the APA, if he/she

alleges harm attributable to a federal

agency’s failure to reduce its

greenhouse gas emissions as required

— both “harm” and “attributable”

being broadly defined. In addition to

APA remedies, a court would be

authorized to award a payment for a

beneficial mitigation project or for

compensating the plaintiff for global

warming impacts. Limits on the

amount of such payments are stated.

Costs of litigation could be awarded

to a substantially prevailing plaintiff.

No comparable provision.

Omitted.

In H.R. 3221, the broad definitions of

“harm” and “attributable”

presumably seek to assure that

persons suing federal agencies for

violations of Title VI are not

thwarted by scientific uncertainty as

to whether a federal agency’s failure

to reduce GHGs caused specific harm

to the plaintiff. However, the

section’s statement of physical

causation — that a federal agency’s

emission of more greenhouse gases

than if Title VI’s requirements had

been met will exacerbate global

warming — may raise constitutional

issues under standing doctrine.

CRS-14

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Comments

Sec. 711 is the same as in H.R. 3221

Title VII, Subtitle D, Chapter 1. Also

authorizes $30 million total for fiscal

years 2008-2012.

House-passed H.R. 6 establishes the

same program as similar provisions

in H.R. 3221 and the Senate-passed

version of H.R. 6.

Sec. 712 is very similar to H.R. 3221

and Senate-passed H.R. 6. Extends

provisions to include methane and

nitrous oxide emissions, as well as

carbon fluxes. The Secretary shall

develop strategies both to enhance

sequestration and to reduce GHG

emissions, as well as to adapt to

climate change. Includes Subsection

(e) covering ocean and coastal

ecosystems. Authorizes $20 million

total for fiscal years 2008-2012.

Programs are quite similar. More

detail in Senate-passed bill on

methodology and its review, with

whom to consult, and on what to

assess. House-passed bills contain

funding authorization but at different

levels.

NATURAL RESOURCES COMMITTEE PROVISIONS

Carbon Capture and Climate Change Mitigation

Geological Sequestration Assessment

CRS Experts: Peter Folger (pfolger@crs.loc.gov; 7-1517)

Title VII, Subtitle D, Chapter 1

establishes a program in the

Department of the Interior (DOI) to

be carried out by the U.S. Geological

Survey that would develop a

methodology for, and conduct

(within 2 years of publication of the

methodology) a national assessment

of the CO2 storage capacity of the

United States. Authorizes $30 million

total for fiscal years 2008-2012.

Title III, Sec. 303 establishes the

same program as Title VII, Subtitle D

of H.R. 3221. Authorizes $30

million over five years for the

program.

Terrestrial Sequestration Assessment

CRS Experts: Ross Gorte (rgorte@crs.loc.gov; 7-7266)

Title VII, Subtitle D, Chapter 2, Sec.

7421. Secretary of the Interior must,

in consultation with federal agency

heads, assess terrestrial carbon

storage amounts and processes

(following public comment on

methodology) and develop strategies

to enhance sequestration,

emphasizing native plant species.

Sec. 7424 authorizes $15 million

total for fiscal years 2008-2012 to

carry out the assessment and

strategies.

Sec. 306. Secretary of the Interior

must, in consultation with federal

agency heads and others, (1) assess

terrestrial carbon storage amounts

and annual fluxes of carbon (with

public comment on methodology),

(2) develop strategies to enhance

storage, emphasizing native plant

species, and (3) estimate carbon

sequestration capacity under a range

of policies.

CRS-15

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Comments

Sequestration Activities

CRS Experts: Peter Folger (pfolger@crs.loc.gov; 7-1517)

Chapter 3, Sec.7431 requires the

Department of the Interior to

maintain records, and an inventory,

on the amount of CO2 stored from

federal energy leases.

No comparable provision.

Sec. 7432 requires the Secretary of

the Interior to report on a

recommended regulatory and

certification framework for

conducting geological carbon

sequestration activities on federal

lands.

Sec. 713 is substantially similar to

H.R. 3221 Sec. 7431.

Minor text modifications appear

intended to clarify the provision.

Sec. 714 requires a report within one

year from the Secretary to the

Congressional natural resources

committees recommending a

framework to manage geological

carbon sequestration activities on

public lands. Requires the Secretary

to ensure that all recommendations

comply with all federal

environmental laws, including the

Safe Drinking Water Act (42 U.S.C.

300F et seq.).

Provisions in House-passed H.R. 6

provision is more extensive and

detailed than in H.R. 3221.

Natural Resources and Wildlife Programs

CRS Experts: Pervaze Sheikh (psheikh@crs.loc.gov; 7-6070); Lynne Corn (lcorn@crs.loc.gov; 7-7267); Gene Buck (gbuck@crs.loc.gov; 7-7262).

Division A, Chapter 4, Subchapter A,

Sec. 7441 requires the Secretary of

the Interior to establish a National

Resources Management Council on

Climate Change to address impacts

of climate change on federal lands,

the ocean environment, and federal

water infrastructure. Members are

heads of specified federal agencies.

No comparable provision.

Omitted.

Under H.R. 3221, the Council does

not cover impacts to all natural

resources, nor to private or state

lands. “Natural” and “National” are

both used in naming the Council. In

both Senate and House-passed H.R.

6, a Natural Resources Management

Council is not authorized.

CRS-16

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Comments

Division A, Chapter 4, Subchapter A,

Sec. 7441 requires the Secretary of

Interior to submit a plan to Congress

within 1 year describing how federal

agencies shall (1) develop a database

of vulnerabilities to climate change;

(2) manage resources taking into

account climate change; (3) develop

protocols to implement management

changes; and (4) incorporate science

in decision-making.

Requires the Secretary of the Interior

to develop adaptation or mitigation

strategies to help terrestrial

ecosystems adapt to climate change

[§306(c)(3)(C)].

Directs the Secretary of the Interior

to develop adaptation and mitigation

strategies for climate change [§712].

Ecosystems under this bill include

any terrestrial, freshwater aquatic, or

coastal ecosystem, including an

estuary. Requires restoration and

adaptation strategies to emphasize

native plant species.

The provision authorizing adaptation

or mitigation strategies in Senate and

House-passed H.R. 6 is a component

of a national assessment of carbon,

nitrous oxide, and methane emissions

from terrestrial ecosystems.

Subchapter B, Sec. 7452, states the

policy of the federal government,

cooperating with stakeholders, to

assist wildlife and their habitats to

survive and adapt to global warming.

No comparable provision.

Omitted.

Sec. 7454 requires a National

Strategy within two years to assist

wildlife and habitats to adapt to

climate changes. Requires

consultation with federal agencies

and other stakeholders, and

consideration of other federal

resource plans, goals and measures.

Requires agencies to exercise

existing authorities to achieve the

goals of the Strategy to the maximum

extent possible.

No comparable provision.

Omitted.

Directs the Secretary to consult with

specified federal agencies. Secretary

to prepare national assessment of

carbon storage; methodology for

assessment to be published and

subject to peer review and public

comment. Authorizes $20 million

for FY2008-FY2012.

Under House-passed H.R. 6, the

Secretary appears to have broad

authority to develop adaptation and

mitigation strategies (narrowly

defined to increase sequestration

capacities or reduce GHG emissions),

not just for ecosystems. The term

ecosystem applies to any terrestrial,

freshwater or marine ecosystem. For

ocean, coastal, and estuarine

ecosystems, the Secretary is to “work

jointly with the Secretary of

Commerce.”

Under H.R. 3221, the National

Strategy appears to include both

government and private lands, but

specifically will include measures to

address climate change on federal

lands. Further, it is unclear how

conflicts between the Strategy and

other goals, plans or agency practices

may be resolved.

CRS-17

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Sec. 7455 establishes a science

advisory board, a National Global

Warming and Wildlife Science

Center in the U.S. Geological Survey

to conduct research, and to monitor

to detect climate-related changes in

wildlife and habitat.

No comparable provision.

Omitted.

Sec. 7456 allocates appropriations:

45% to implement the Strategy, 25%

for the National Policy on Wildlife

and Global Warming, and 30% for

grants to States and Indian tribes.

No comparable provision.

Omitted.

Subchapter C, Sec. 7461 authorizes a

State and Tribal Wildlife Grants

Program to benefit wildlife and

habitat. Specifies funding allocations

and cost-sharing. Requires a Wildlife

Conservation Plan for eligibility.

Authorizes such sums that are

necessary.

No comparable provision.

Omitted.

Comments

H.R. 3221 does not specify that

grants are solely to address impacts

of climate change on wildlife and

habitat. Codifies an existing program

included in appropriations for DOI.

Primary change in H.R. 3221 is

greater emphasis on global warming

in program.

CRS-18

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Coastal Zone Issues

CRS Experts: Nicole Carter (ncarter@crs.loc.gov; 7-0854); Jeffrey Zinn (jzinn@crs.loc.gov; 7-7257)

Sec. 7472 requires the Secretary of

Commerce to establish a coastal

climate change resiliency planning

and response program. Authorizes

the Secretary to make grants to assist

coastal states in developing plans to

minimize contributions to climate

change and to prepare for

consequences of climate change in

the coastal zone. Authorizes the

Secretary to make grants to enable

coastal states to implement state

plans that have been approved by the

Secretary. The provision lists specific

stress factors and activities that

funded projects may address.

Authorizes “such sums as are

necessary.”

No comparable provision.

Omitted.

Comments

CRS-19

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Enhancing climate change predictions in the oceans

CRS Experts: Wayne Morrissey (wmorrissey@crs.loc.gov; 7-7072); Gene Buck (gbuck@crs.loc.gov; 7-7262)

Sec. 7473 establishes a National

Integrated Coastal and Ocean

Observation System (hereafter,

System) to gather and disseminate

data used to measure, track, explain,

and predict events related to weather

and climate change, natural climate

variability, and oceanic and

atmospheric environment

interactions, including the Great

Lakes. The provision lays out

responsibilities for federal and nonfederal entities, including a National

Ocean Research Leadership Council,

Regional Information Coordination

Entities, a federal Interagency

Working Group (IWG), a Lead

Agency (NOAA), a System Advisory

Committee and Joint Centers for

environmental observation

partnerships to support and maintain

the System. No contract or

agreements to develop or procure

new federal assets exceeding $250

million in life cycle costs may be

agreed without prior congressional

review. A report to Congress is due

within two years of enactment, and

every two years thereafter. An

independent cost estimate report for

existing and planned elements of the

System is required within one year

after enactment, and shall be

submitted to Congress without

revision.

No comparable provision.

Omitted.

Comments

CRS-20

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Comments

TITLE VIII — TRANSPORTATION AND INFRASTRUCTURE

Subtitle A — Department of Transportation

CRS Experts: Linda Luther (lluther@crs.loc.gov; 7-6852); Brent Yacobucci (byacobucci@crs.loc.gov; 7-9662)

Title VIII — Establishes a Center for

Climate Change and Environment

within the Department of

Transportation that will, in

coordination with EPA, study major

transportation projects to identify

low-cost solutions to reduce

congestion and transportation-related

energy use.

No comparable provision.

Title XI — Establishes an Office of

Climate Change and Environment

within DOT.

House-passed H.R. 6 provisions are

similar to H.R. 3221 except that, in

addition to EPA, the Office is

directed to consult with the U.S.

Global Change Research Program in

conducting its study into the impact

of U.S. transportation systems on

climate change. Also, the specific

reference to identifying and

establishing a clearinghouse of “lowcost” solutions is eliminated in favor

of simply “solutions.”

Architect of the Capitol — Capitol Power Plant

CRS Experts: Fred Sissine (fsissine@crs.loc.gov; 7-7039); Amy Abel (aabel@crs.loc.gov; 7-7239)

Title VIII, Subtitle F, Part 3 directs

the Architect of the Capitol (AOC) to

operate the Capitol Power Plant in an

energy efficient manner, include

energy efficiency measures in the

Capitol Complex Master Plan, and

encourage the use of E85 fuel and

solar photovoltaic equipment. In Sec.

8654, for the purpose of reducing

carbon dioxide emissions, the AOC is

directed to install technologies to

capture and store or use carbon

dioxide from coal combustion in the

Capitol power plant, and to operate

the steam boilers and chiller plant to

maximized energy efficiency and

minimize carbon dioxide emissions

and operating costs.

Title III, Sec. 305 (carbon

sequestration) requires the Architect

of the Capitol to complete a

feasibility study and to establish a

competitive grant program to

demonstrate the capture and storage

or use of carbon dioxide emitted

from the Capitol power plant as a

result of burning coal.

Title V contains a variety of

provisions to study options to

increase the energy efficiency and

use of renewable energy in, and to

reduce greenhouse gas emissions

from, the Capitol Complex. Within 6

months of enactment, the Architect

of the Capitol shall submit a report

on measures taken and incorporated

into the Capitol plan. Architect of the

Capitol is required to conduct a

feasibility study evaluating methods

to capture, store, and use carbon

dioxide emitted from the Capitol

Power Plant. The Architect may

conduct a demonstration project if

the study shows that carbon capture

and storage or use is technologically

feasible and economically justified.

Authorizes $3 million for the study.

House-passed H.R. 6 contains more

of H.R. 3221’s provisions on

efficiency and renewable energy in

the Capitol Complex, and contains

the Senate-passed provisions for

studying carbon capture and storage

or use of carbon dioxide.

CRS-21

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Water Resources and Emergency Management Preparedness

CRS Experts: Nicole Carter (ncarter@crs.loc.gov; 7-0854); Betsy Cody (bcody@crs.loc.gov; 7-7229)

Subtitle G-Part 1 establishes a

national policy for water resources

projects that includes consideration

of climate-change related weather

events among other priorities. It

creates a 21st Century Water

Commission to evaluate and report

on water resources issues, including

the effects of climate change, and to

make policy recommendations. It

would direct the EPA Administrator

to enter into an agreement with the

National Academy of Sciences to

study the impacts of climate change

on watersheds, water resources, and

water quality and to make policy

recommendations. It would direct the

Secretary of the Army to ensure that

Army Corps of Engineers’ water

resources studies and projects

account for the effect of climate

change on its projects.

No comparable provision.

Omitted.

Comments

CRS-22

H.R. 3221

(Passed House 8/4/2007)

H.R. 6

(Passed Senate 6/21/2007)

H.R. 6 (Passed House 12/6/2007;

Senate 12/14/2007)

Part 2 — Emergency Management

CRS Experts: Nicole Carter (ncarter@crs.loc.gov; 7-0854)

Part 2 directs the Administrator of

the Federal Emergency Management

Agency to study the increased

demand for the agency’s programs

and services resulting from the

increased number and intensity of

natural disasters affected by climate

change, and to report the results

including policy recommendations.

No comparable provision.

Omitted.

TITLE XIV — OTHER PROVISIONS

Carbon audit of the tax code.

CRS Experts: Jane Leggett (jaleggett@crs.loc.gov; 7-9525); Larry Parker (lparker@crs.loc.gov; 7-7238)

Title XIV, Subtitle A, Sec. 14001

requires the Secretary of the Treasury

to contract with the National

Academy of Sciences to produce a

comprehensive review of the Internal

Revenue Code of 1986, to identify

the types of tax provisions that have

the largest effects on carbon and

other greenhouse gas emissions, and

to estimate the magnitude of those

effects. A report is due to Congress

within two years after enactment.

Authorizes $1.5 million for FY2008

and FY2009.

No comparable provision.

Sec. 1512 is identical to H.R. 3221

Title XIV, Subtitle A., Sec. 14001.

Comments