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

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URL: https://www.frixlaw.com/law-library/documents/crs%3ARL34282

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** December 14, 2007
- **Citation:** RL34282

## Text

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:
!
!
!

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3ARL34282. Public record. Not legal advice.