Order Code RL31427
CRS Report for Congress
Received through the CRS Web
Omnibus Energy Legislation
in the 107th Congress:
Side-by-side Comparisons
Updated June 7, 2002
(name redacted) and (name redacted), Coordinators
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

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Omnibus Energy Legislation in the 107th Congress:
Side-by-side Comparisons
Summary
The House and Senate have passed two distinct versions of an omnibus energy
bill (H.R. 4), the first comprehensive energy legislation in ten years. The substantial
differences between the two chambers’ approaches to energy policy remain to be
resolved in conference, which is expected to take place over the summer.
The House version of H.R. 4, the Securing America’s Future Energy Act of
2001, which passed August 2, 2001, includes a key component of the Bush
Administration’s energy strategy: opening the Arctic National Wildlife Refuge
(ANWR) to oil and gas exploration and development. The Senate version, the
Energy Policy Act of 2002, approved on April 25, 2002, leaves ANWR off-limits to
drilling.
The electricity provisions of the Senate-passed H.R. 4 would continue to change
the regulatory requirements for the wholesale electric market. The House-passed
H.R. 4 does not contain electricity provisions. In general, the Senate version would
repeal the Public Utility Holding Company Act (PUHCA) and give the Federal
Energy Regulatory Commission (FERC) and the state utility commissions access to
utility books and records. It would also repeal the mandatory purchase requirement
of the Public Utility Regulatory Policies Act (PURPA) when FERC finds that a
competitive electric market exists.
Automobile and light truck fuel efficiency was the subject of considerable
debate in both houses. In its version of H.R. 4, the House included language that
calls for a reduction of 5 billion gallons in light-duty truck fuel consumption over the
period of model years 2004-2010. The Senate version would charge the National
Highway Traffic Safety Administration (NHTSA) with development of new
Corporate Average Fuel Economy (CAFE) standards using the administrative
procedure that, since FY1996, the agency had been enjoined by Congress from
initiating. However, the Senate bill also would freeze “pickup trucks” at the current
light truck standard of 20.7 mpg, likely shifting the burden for achieving savings to
the passenger automobile portion of the fleet.
Both versions of H.R. 4 include a package of energy tax cuts, primarily tax
incentives (or subsidies) for qualifying energy producers and consumers. In terms
of revenue loss, the House bill cuts energy taxes by $35.4 billion over the ten-year
period from FY2002 through FY2011. In contrast, the Senate bill’s ten-year
projected revenue loss is about $15.2 billion. The House bill provides a greater tax
cut for fossil fuel supply – about $17 billion more over ten years – than the Senate
bill.
Several significant provisions are contained only in the Senate-passed bill,
including programs to address global climate change, loan and price guarantees for
a proposed Alaska natural gas pipeline, a cutoff of oil imports from Iraq, minimum
renewable energy content in motor vehicle fuel, and renewable energy requirements
for electricity providers.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Major Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Arctic National Wildlife Refuge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Electricity Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Motor Vehicle Fuel Economy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Tax Incentives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Alaska Natural Gas Pipeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Nuclear Accident Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Global Climate Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Iraq Oil Import Cutoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Renewable Portfolio Standard (RPS) . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Ethanol and Reformulated Gasoline . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Overview of House and Senate Versions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Organization of Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Regional Coordination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Amendments to the Federal Power Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Amendments to the Public Utility Holding Company Act . . . . . . . . . . . . . 15
Amendments to the Public Utility Regulatory Policies Act of 1978 . . . . . . 22
Consumer Protections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Renewable Energy and Rural Construction Grants . . . . . . . . . . . . . . . . . . . 27
General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Hydroelectric Relicensing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Indian Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Nuclear Power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Price-Anderson Act Reauthorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Growth of Nuclear Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
NRC Regulatory Reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
NRC Personnel Crisis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Oil and Gas Production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Natural Gas Pipelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Alaska Natural Gas Pipeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Operating Pipelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Pipeline Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Fuels and Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
CAFE Standards, Alternative Fuels, and Advanced Technology . . . . . . . . 64
Additional Fuel Efficiency Measures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75

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Federal Reformulated Fuels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Energy Efficiency and Assistance to Low Income Consumers . . . . . . . . . . . . . . 82
Low Income Assistance and State Energy Programs . . . . . . . . . . . . . . . . . . 82
Federal Energy Efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Industrial Efficiency and Consumer Products . . . . . . . . . . . . . . . . . . . . . . . 87
Housing Efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
Rural and Remote Communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
National Climate Change Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Sense of Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Climate Change Strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Science and Technology Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
National Greenhouse Gas Database . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Energy Research and Development Programs . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Energy Efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Renewable Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Fossil Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Nuclear Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Fundamental Energy Science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Energy, Safety, and Environmental Protection . . . . . . . . . . . . . . . . . . . . . 119
Climate Change Science and Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Department of Energy Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Department of Agriculture Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
International Energy Technology Transfer . . . . . . . . . . . . . . . . . . . . . . . . 124
Climate Change Science and Information . . . . . . . . . . . . . . . . . . . . . . . . . 126
Amendments to the Global Change Research Act of 1990 . . . . . . . . 126
National Climate Services Monitoring . . . . . . . . . . . . . . . . . . . . . . . 129
Ocean and Coastal Observing System . . . . . . . . . . . . . . . . . . . . . . . . 131
Climate Change Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Climate Adaptation and Hazards Prevention . . . . . . . . . . . . . . . . . . . . . . . 134
Assessment and Adaptation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
Forecasting and Planning Pilot Programs . . . . . . . . . . . . . . . . . . . . . 136
Management of DOE Science and Technology Programs . . . . . . . . . . . . . . . . . 137
Personnel and Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Technology Assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Studies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Critical Energy Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Department of Energy Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Department of the Interior Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Iraq Oil Import Restriction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157

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Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Funding Authorizations- Tables 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Energy Tax Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
Fossil Fuels Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
Oil/Gas Exploration, Development, and Production . . . . . . . . . . . . . . . . . 174
Refining and Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
Coal Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Electricity Restructuring Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Energy Efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
Business Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
Residential Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
Transportation Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
Renewable and Alternative Fuels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Business Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Residential Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
Transportation Sector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192
Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Index of House Non-Tax Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197
Index of Senate and House Tax Sections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
Related CRS Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
List of Tables
Table 1. Major Provisions of House and Senate Energy Bills . . . . . . . . . . . . . . . . 8
Table 2. Authorized Appropriations in Senate bill. . . . . . . . . . . . . . . . . . . . . . . 160
Table 3. Authorized Appropriations in House-passed H.R. 4 . . . . . . . . . . . . . . 168

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Omnibus Energy Legislation in the 107th Congress:
Side-by-side Comparisons
Introduction
The House and Senate have passed two distinct versions of an omnibus energy
bill (H.R. 4), the first comprehensive energy legislation in ten years. The substantial
differences between the two chambers’ approaches to energy policy remain to be
resolved in conference, which is expected to take place over the summer.
The House version of H.R. 4, the Securing America’s Future Energy Act of
2001, which passed August 2, 2001, includes a key component of the Bush
Administration’s energy strategy: opening the Arctic National Wildlife Refuge
(ANWR) to oil and gas exploration and development. The Senate version, the
Energy Policy Act of 2002, approved on April 25, 2002, leaves ANWR off-limits to
drilling.
The Senate-passed bill would make substantial changes in wholesale electricity
regulation, while the House bill has no electricity provisions. Other provisions
contained only in the Senate-passed bill include programs to address global climate
change, loan and price guarantees for a proposed Alaska natural gas pipeline, a cutoff
of oil imports from Iraq, and renewable energy requirements for electricity providers.
Both bills include provisions to address motor vehicle fuel economy, nuclear accident
liability, energy taxes, and authorizations of energy research and development
programs (see Table 1).
This report summarizes the major provisions of the House- and Senate-passed
bills, provides a detailed side-by-side comparison, and lists annual funding
authorizations.
Major Provisions
Arctic National Wildlife Refuge. H.R. 4 as passed by the House would
allow for oil and gas leasing in ANWR. It contains provisions that would limit the
footprint of development to 2,000 acres of the Coastal Plain. The Senate bill contains
no ANWR provision. Essentially, the Senate defeated ANWR development by
refusing, 46-54, to invoke cloture on a filibuster of a pro-development amendment,
which was subsequently withdrawn.
The U.S. Geological Survey and the Energy Information Administration have
made estimates of ANWR’s hydrocarbon potential and the range of expectations for
oil production. In short, recent estimates are that at $24 per barrel (in 1996 dollars,
or about $26.50 in 2002 dollars), ANWR has a 95% probability of holding 2.0 billion

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recoverable barrels or more and a 5% chance of holding 9.4 billion barrels or more.
The mean value in this range is 5.24 billion recoverable barrels. Under the mean
value, peak production rates would range between 0.55 and 0.775 million barrels per
day (mbd). Were leasing to begin within the next few years, initial ANWR
production might occur around 2010.
Critics of this provision contend that, even if the mean level of production were
achieved, it would be only about 2.75% to 3.8% of current levels of U.S. petroleum
consumption, now in the 20 mbd area. With oil imports approaching 12 mbd, ANWR
would reduce imports by not much more than 6% at its highest likely output under
the mean recovery estimate. Opponents contend that such levels of production would
be inconsequential compared to the impact on an important environmental asset.
Those favoring development note that while the amounts of oil supply are small
relative to these national aggregates, 550,000 to 755,000 barrels per day is a
significant amount of oil. As an energy policy factor, it could have an impact on the
world supply-demand balance. An example often cited is that it is in the range of
U.S. oil imports from Iraq, which the Senate-passed bill would halt for policy
reasons. In 2001, the United States imported 780,000 barrels per day from Iraq.
Development supporters also contend that current technology would allow ANWR
exploration and production with minimal environmental impact.
Electricity Regulation. The electric utility industry has been in the process
of transformation. During the past two decades, technology improvements, changes
in the economics for generating electricity, and new federal laws and regulations have
changed the nature of electric generation and promoted markets for electricity. As
a result, widespread competition is occurring on the wholesale level, and more than
half of the states are moving toward retail competition. The electricity provisions of
the Senate-passed H.R. 4 would continue to change the regulatory requirements for
the wholesale electric market. The House-passed H.R. 4 does not contain electricity
provisions.
In general, the Senate version would repeal the Public Utility Holding Company
Act (PUHCA) and give the Federal Energy Regulatory Commission (FERC) and the
state utility commissions access to utility books and records. It would also repeal the
mandatory purchase requirement of the Public Utility Regulatory Policies Act
(PURPA) when FERC finds that a competitive electric market exists. In addition,
the Senate-passed H.R. 4 would give FERC more review authority over certain
electric utility mergers and increase the value of asset transfers that would trigger
FERC review. It would require FERC to apply cost-of-service rates when market-
based rates are unjust, unreasonable, unduly discriminatory or preferential; require
an electric reliability organization to develop and enforce mandatory reliability
standards; provide access to the transmission system for certain intermittent
generators; create an Office of Consumer Advocacy within the Department of
Justice; and give states the authority to prescribe and enforce laws regarding the
application of the Consumer Protection Subtitle.
Motor Vehicle Fuel Economy. Automobile and light truck fuel efficiency
was the subject of considerable debate in both houses. The 106th Congress had asked
the National Academy of Sciences (NAS) to conduct a study on whether corporate

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average fuel economy (CAFE) levels could be adjusted without unacceptable
consequences to vehicle safety, the industry, and consumer choice. This was a
significant departure from previous congressional action, which since FY1996 had
prohibited the spending of appropriated funds for any sort of rulemaking that would
alter CAFE, effectively freezing the standards at 27.5 miles per gallon (mpg) for
passenger automobiles and 20.7 mpg for light trucks. The NAS study, released in
July 2001, did not recommend specific CAFE increases, but did conclude that it was
possible to achieve a more than 40% improvement in light truck and sport utility
vehicle (SUV) fuel economy over a 10-15 year period at costs that would be
recoverable over the lifetime of vehicle ownership.
In its version of H.R. 4, the House included language that calls for a reduction
of 5 billion gallons in light-duty truck fuel consumption over the period of model
years 2004-2010. The Department of Transportation would establish fuel economy
standards sufficient to achieve the required reduction. An amendment to establish
a combined passenger car and truck CAFE standard of 27.5 mpg by MY2007 was
defeated by 160-269.
A more ambitious proposal in the Senate to establish a combined fleetwide
average of 36 mpg by MY2015 never reached a vote. On March 13, 2002, the
Senate voted, 62-38, for an amendment to charge the National Highway Traffic
Safety Administration (NHTSA) with development of new CAFE standards using the
administrative procedure that, since FY1996, the agency had been forbidden by law
from initiating. However, the Senate then approved an amendment, 56-44, to freeze
“pickup trucks” at the current light truck standard of 20.7 mpg, likely shifting at least
some of the burden for achieving savings to the passenger automobile portion of the
fleet.
Tax Incentives. Both versions of H.R. 4 include a package of energy tax cuts,
primarily tax incentives (or subsidies) for qualifying energy producers and
consumers.
For purposes of this report, a tax provision is classified according to whether it
is an incentive for 1) fossil fuel supply (including coal output incentives), 2)
electricity restructuring (which is also an energy supply incentive), 3) reduced fossil
fuel demand through enhanced energy efficiency, and 4) reduced fossil fuel demand
through alternative and renewable fuels output. A miscellaneous or “catch-all”
category at the end of the tax section of this report describes provisions that are not
easily categorized according to this schema. Note that the fossil fuels supply category
is further subdivided according to whether a particular provision affects oil/gas
exploration and production, refining and distribution, or coal output. Similarly, the
energy efficiency and renewable fuels tax incentives are further categorized, as
closely as possible, according to the energy consuming sector that would be primarily
affected, i.e., the business (including commercial and industry), residential, or
transportation sectors.
In terms of revenue loss, the latest estimates show that the House bill cuts
energy taxes by about $23.2 billion over the five-year period from FY2003 through
FY2007, and $35.4 billion over the ten-year period from FY2003 through FY2012.
In contrast, the Senate bill’s five and ten-year revenue losses are estimated at about

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$13.3 billion and $15.2 billion, respectively.1 The incentives targeted toward
reducing the demand for fossil energy are, in absolute dollar terms, about the same
in each bill – each bill provides about $8 billion of tax incentives. The House bill is,
however, somewhat more weighted toward energy efficiency than the Senate bill.
The major difference in the two bills is in the incentives for fossil fuel supply,
including electricity restructuring provisions. The House bill provides a greater tax
cut for fossil fuel supply – about $17 billion more over ten years – and has a broader
mix of provisions, including those aimed at drilling, production, refining, and
transportation of fossil fuels, than the Senate bill. Many of the fossil fuel incentives
in the House version of H.R. 4 include capital investment incentives to stimulate
production and distribution of oil and gas, and the production and transmission of
electricity, provisions that are either not present in the Senate version or included at
a much lower level.
An underlying theme of the House-passed bill is that many of the nation’s recent
energy problems have been caused by supply and capacity shortages resulting from
demand stimulated by rapid economic growth and relatively low energy prices. Thus,
while the House bill also includes incentives for reduced demand – conservation and
efficiency – a primary purpose of that legislation appears to be to stimulate energy
supplies. This is particularly true of the outlying years – the period 2007-2012, when
many of the demand disincentives expire. In relative terms, however – i.e., in relation
to the size of the energy industry – the supply incentives are modest (and even more
modest in the Senate bill), although they would constitute a significant expansion
over existing energy tax law (more so for the House bill).
Alaska Natural Gas Pipeline. Alaska’s Prudhoe Bay field, currently a
major source of U.S. crude oil, holds 26 trillion cubic feet (tcf) of natural gas that
cannot be produced for lack of a transport system. Those supplies represent the
equivalent of 1.25 years of current domestic consumption, which amounts to about
22 tcf per year and is expected to grow to 29 tcf in 2010. Other nearby fields hold
more proven gas reserves, and it is likely that, were further exploration to be
undertaken, additional gas would be found on the Alaska North Slope.
Several proposals have been made to bring North Slope gas to market in the
years since the Trans Alaska Pipeline System (TAPS) was authorized for crude oil
transportation. Pursuant to the Alaska Natural Gas Transportation Act, the Alaska
Natural Gas Transportation System (ANGTS) was authorized in 1977. This pipeline
would follow the TAPS route, the Dalton Highway to Fairbanks, AK, and then the
Alaska Highway, crossing the Yukon Territory and British Columbia into Alberta.
This route is a focal point of the Senate bill.
1 The most recent estimates of revenue losses are in: U.S. Congress. Joint Committee on
Taxation. Comparison of Division C of H.R.4, The “Energy Tax Policy Act of 2001,” as
Passed by the House of Representatives and Division H of H.R. 4, The “Energy Tax
Incentives Act of 2002,” as Amended by the Senate. Prepared by the staff of the Joint
Committee on Taxation. May 23, 2002. JCX-43-02.

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CRS-5
The other pipeline proposal under current consideration by corporate sponsors
is the Mackenzie Delta route, which would begin at Prudhoe Bay, head east,
transiting offshore under the Beaufort Sea (off ANWR), and come ashore in the
Mackenzie Bay. It would then connect with existing infrastructure, which now ends
at Norman Wells, Northwest Territories. This pipeline would transit a part of Canada
where large gas deposits are thought to exist. It could be a catalyst for their
development. From one perspective, this might be seen as beneficial to North
American gas supply. On the other hand, it could be viewed by producers of
potentially more expensive North Slope gas as unwelcome competition.
Both the Senate and House versions of H.R. 4 address the route issue,
precluding the off-shore proposal and directing U.S. project development toward a
route that initially follows TAPS. The Senate bill provides two financial incentives.
The first offers up to $10 billion in DOE loan guarantees for project financing, of
which the sponsors must put down 20%. Secondly, a tax credit would support Alaska
North Slope gas at an inflation-adjusted price of $3.25 per thousand cubic feet (mcf),
at the point where the gas would enter the currently existing pipeline system in
Alberta.
Nuclear Accident Liability. An extension of the Price-Anderson Act, which
addresses liability for damages to the general public from nuclear incidents, is
included in the Senate-passed H.R. 4 but not in the House-passed bill. However,
after leaving Price-Anderson out of its version of the omnibus energy bill, the House
passed a separate Price-Anderson extension bill (H.R. 2983) that contains provisions
similar to those later adopted in the Senate.
Under the Price-Anderson Act (primarily Section 170 of the Atomic Energy Act
of 1954, 42 U.S.C. 2210), the owners of commercial reactors must assume all
liability for radiological damages awarded to the public by the court system, but their
total liability is limited to the amount provided by private insurance and an industry
self-insurance system. The Price-Anderson Act also authorizes the Department of
Energy (DOE) to indemnify contractors who operate hazardous DOE nuclear
facilities. The limit on DOE contractor liability is the same as for commercial
reactors, except when the limit for commercial reactors drops because of a decline
in the number of covered reactors.
Significant differences between the Price-Anderson provisions in the Senate-
passed H.R. 4 and House-passed H.R. 2983 involve how long indemnification
authority should be extended and the formula for determining the commercial reactor
liability limit. In addition, the House bill would raise each reactor’s maximum
annual payment for accident damages from $10 million to $15 million and impose
an inflation adjustment, while the Senate bill would leave the annual payment level
unchanged.
There are also several House provisions not contained in the Senate bill,
including a provision that would authorize the federal government to sue DOE
contractors to recover at least some of the compensation that the government had
paid for any accident caused by intentional DOE contractor management misconduct.
Such cost recovery would be limited to the amount of the contractor’s profit under
the contract involved, and no recovery would be allowed from nonprofit contractors.

---

CRS-6
Global Climate Change. The House-passed version of H.R. 4 contains only
one directly related climate change provision: authorizing funding for climate change
protection programs within the Environmental Protection Agency (EPA).
In contrast, several titles of H.R. 4 as passed by the Senate contain provisions
to address the global climate change issue. Finding growing evidence that greater
greenhouse gas concentrations are contributing to global climate changes, the Senate-
passed bill calls for the United States to demonstrate international leadership in
addressing the issue.
Title X of the Senate version provides for organizational changes within the
federal government to focus on climate change issues. Specifically, a new Office of
National Climate Change Policy (ONCCP) would develop a national response
strategy; a new Interagency Task Force would serve as the primary forum through
which federal agencies assist the new ONCCP in developing and updating the
national strategy; and a new Department of Energy (DOE) Office of Climate Change
Technology would oversee research and development of new technology and provide
analytical support and data.
Further climate change activities are detailed in Titles XI and XIII. Specifically,
Title XI would establish a new national greenhouse database while Title XIII would
focus the research, development, demonstration, and technology deployment
programs within several federal agencies on global climate change science and
mitigation of climate change.
Iraq Oil Import Cutoff. The Senate bill would ban oil imports from Iraq.
Imports could be resumed upon presidential certification that Iraq was in compliance
with U.N. resolutions regarding weapons of mass destruction and the oil-for-food
program, and ceased the practice of supporting the families of suicide bombers.
Additionally, the imports could resume if the President were to find that they were
in the interest of national security.
In 2001, the United States imported 778,000 barrels per day of Iraqi oil, an
amount equal to 6.7% of the nation’s total imports. It is likely that the resulting
import deficit here would be made up by supplies from other exporting nations. To
what extent Iraq would be unable to find customers for this oil, and actually export
less as a result, is hard to determine. But, under this bill, it would lose its largest
single customer. A possible outcome is that Iraq would sell fewer barrels than it
might otherwise export, and because of the difficulty in replacing the United States
as a customer, those barrels might be sold at a discount relative to similar oil from
other exporters.
Renewable Portfolio Standard (RPS). Section 264 of the Senate version
of H.R. 4 proposes that retail electricity suppliers (utilities, except for municipal and
cooperative utilities) be required to obtain a minimum percentage of their power
production from a portfolio of new renewable energy resources. The minimum
energy target or “standard” would start at 1% in 2005, rise at a rate of about 1.2%
every two years, and peak at 10% in 2019.

---

CRS-7
Eligible resources include solar, wind, ocean, and geothermal energy, most
forms of biomass, landfill gas, and incremental hydropower. A generation offset
from renewables used on site to reduce the measured demand from the grid is also
eligible. The base for calculating the target production level excludes power from
eligible renewables, hydropower, and municipal solid waste. Thus, states with a
large amount of existing biomass, hydro, or other renewable power generation would
have a proportionately lower target for new generation.
Tradable credits are created, which can be purchased in place of power from
other suppliers, to help retailers meet the target at the lowest cost. The credits would
function like the Clean Air Act emission allowance trading system, which has
lowered compliance costs for air pollution regulations. The bill’s credit trading
provision is made flexible by allowing a supplier to “borrow” from expected future
credits to fill a present shortfall or to “carry forward” surplus credits to future years.
A cost cap for the credits is set as the lesser of 1.5 cents/kwh (Section 271) or
200% of the average market value of the credits. The lower the cost cap, the more
it may restrict portfolio diversity and deter generation from solar and other higher-
cost renewable resources. Utilities sought a cost cap near 1 cent/kwh, while
environmental groups sought a cap near 4 to 5 cents/kwh. State experience suggests
that a cost cap is key to compliance cost control and may also allow compliance cost
to flow through as a business cost.
Some see a federal RPS as a way to substitute a more market-oriented
mechanism for the PURPA Section 210 requirement that utilities purchase power
from renewables at an administratively determined “avoided cost.” Ten states,
including Texas, and a few foreign governments, have an RPS that provides a base
of experience for the federal proposal.
Ethanol and Reformulated Gasoline. There are several key fuels
provisions in Title VII of the Senate version. The bill would ban the use of MTBE
(methyl tertiary butyl ether) in gasoline. MTBE is commonly used to meet the
oxygen content standard in federal reformulated gasoline (RFG). However, the
additive has been detected in groundwater in several states.
In addition to a ban on MTBE use, the oxygen requirement would also be
eliminated. However, the current RFG oxygen requirement benefits ethanol, MTBE's
chief competitor. To protect the existing market for ethanol and promote its
expansion, the bill would require the use of renewable fuels in gasoline. Ethanol is
the most widely used renewable fuel, and would be used to meet the majority of the
requirement. Effectively, the bill would nearly triple U.S. ethanol consumption by
2012. In addition, renewable fuel blenders would be shielded from defective product
liability.
Overview of House and Senate Versions
Although both versions of H.R. 4 are omnibus energy bills, a number of the
most significant provisions are included only in one or the other. In many cases, this
reflects fundamentally different views on energy policy between the two chambers.
Table 1 briefly summarizes the major aspects of the two bills.

---

CRS-8
Table 1. Major Provisions of House and Senate Energy Bills
Provision
Senate
House
Electricity restructuring
Changes regulatory
No provision.
requirements to
emphasize market rates.
Arctic National Wildlife
No provision.
Opens ANWR to oil and
Refuge (ANWR)
gas leasing.
Corporate Average Fuel
Requires new CAFE
Requires a reduction in
Economy (CAFE)
standards, except for
fuel consumption by
pickup trucks.
new light trucks.
Energy taxes
Provides $15.2 billion in
Provides $35.4 billion in
energy tax incentives
energy tax incentives
over a ten-year period.
over a ten-year period,
more than half for fossil
fuel supply.
Global climate change
Establishes federal
No specific provisions.
offices to focus on
global climate change,
authorizes R&D.
Appliance efficiency
Requires new standards
Sets standard for
standards
for central air
appliance standby
conditioners, heat
power.
pumps, and appliance
standby power.
Nuclear accident
Extends Price-Anderson
No provisions. (Separate
liability (Price-Anderson
coverage for DOE
Price-Anderson
Act)
facilities.
extension, H.R. 2983,
passed by House.)
Alaska natural gas
Provides loan and price
No loan or price
pipeline
guarantees for Alaska
guarantees, but forbids
natural gas pipeline and
Beaufort Sea route.
forbids proposed
Beaufort Sea route.
Iraqi oil cutoff
Forbids direct or indirect
No provisions.
importation of Iraqi oil
until certain conditions
are met.

---

CRS-9
Renewable energy
Requires motor vehicle
No provisions.
content in motor vehicle
fuel sold in the United
fuel
States to contain a
minimum volume of
ethanol or other
renewable fuel.
Renewable Portfolio
Requires electric utilities
No provisions.
Standard
to provide minimum
percentages of power
from renewable sources.
Energy Program
Authorizes $53.8 billion
Authorizes $34.9 billion
Authorizations,
(see table 2).
(see table 3).
FY2002-FY2006
Organization of Report
The remainder of this report provides a side-by-side comparison of the
provisions of H.R. 4 as passed by the House and Senate. The non-tax sections are
organized in the numerical order of the Senate-passed version, followed by a
numerical index of the non-tax sections in the House-passed version. Tax provisions
are organized by topic, followed by a numerical index of the tax sections in both
versions of H.R. 4.
Funding authorizations for the two bills are shown in separate tables for the
House and Senate versions, which are cross referenced to each other. Further analysis
and background are available in the CRS products cited at the end of the report.
The following analysts in the CRS Resources, Science, and Industry Division
contributed to this report:
! (name redacted), electric utilities;
! (name redacted), energy security;
! Carl Behrens, hydropower;
! (name redacted), Native American en
ergy, general authorizations;
! (name redacted), nuclear energy;
! (name redacted), federal energy leasing, coal;
! Larry Kumins, oil and gas;
! Dan Morgan, science programs;
! (name redacted), climate change;
! Paul Rothberg, pipeline safety;
! (name redacted), conservati
on and renewable energy;
! Steve Stitt, public power;
! Brent Yacobucci, alternative fuels, climate change.

---

CRS-10
Short Title2
Provision
Current Law
Senate
House
Comments
Short titles and table of
No provision.
Sec. 1. This Act may be cited
Sec. 100. This Act may be
contents
as the “Energy Policy Act of
cited as the “Securing
2002.” Sec. 2. Table of
America’s Future Energy Act
Contents.
of 2001,” or the “SAFE Act
of 2001” (section includes
Table of Contents). Sec. 100.
Division A may be cited as
the “Energy Advancement
and Conservation Act of
2001.” Sec. 6001. Division F
may be cited as the “Energy
Security Act.”
Regional Coordination
Provision
Current Law
Senate
House
Comments
Policy on regional
No current law.
Sec.101. The policy of the
No similar provision.
coordination
federal government is to
encourage states to
coordinate, on a regional
basis, policies to maximize
the reliability of energy
services, including electric
transmission and generation,
gas transportation, storage,
and distribution, and fuel
conservation.
2 Provisions are organized by Senate section numbers. To find a specific House section by its number, see the index at the end of
these tables.

---

CRS-11
Federal support for
No current law.
Sec. 102. The Department of
No provision.
regional coordination
Energy is directed to provide
technical assistance to states
and regional organizations to
assist with activities defined
in Sec. 101.
Electricity
Amendments to the Federal Power Act
Provision
Current Law
Senate
House
Comments
Definitions
The Federal Power Act
Sec. 201. The Federal Power
No provision.
defines an electric utility as
Act is amended to add federal
“any person or State agency
power marketing agencies to
(including any municipality)
the definition of an electric
which sells electric energy;
utility. A definition of a
such term includes the
transmitting utility is added to
Tennessee Valley Authority,
the Federal Power Act. A
but does not include any
transmitting utility includes
Federal power marketing
state and municipally owned
agency” (16 U.S.C. 796).
or operated transmission
facilities involved in interstate
commerce or transmission of
electricity at wholesale.

---

CRS-12
Provision
Current Law
Senate
House
Comments
Electric utility mergers
Under Section 203(a) of the
Sec. 202. The Federal Power
No provision.
This provision significantly
Federal Power Act, FERC
Act is amended to give FERC
increases the value of the
review for transfer of assets
review authority for transfer
asset transfer that would
applies for transactions
of assets valued in excess of
trigger FERC review. The
valued at $50,000 or more
$10 million. FERC must give
section has prompted
(16 U.S.C. 824b).
state public utility
questions about the potential
commissions and governors
for market power abuse
reasonable notice in writing.
because of the increase in
FERC must establish rules to
asset value before FERC
comply with this section.
merger review authority is
triggered. However, once it is
triggered, FERC is given
additional jurisdiction to
protect consumer interests.
Market-based rates
Section 205 of the Federal
Sec. 203. FERC may approve
No provision.
Provision could limit FERC’s
Power Act requires just and
market-based rates when the
options to respond to rates
reasonable rates to be charged
seller and its markets meet
found to be unjust,
for transmission or sale of
certain criteria. When the
unreasonable, unduly
electric energy (16 U.S.C.
Commission determines the
discriminatory or preferential
824d).
market-based rate is unjust,
rates.
unreasonable, unduly
discriminatory or preferential,
FERC must determine a just
and reasonable rate.
Refund effective date
Refunds for rates that FERC
Sec. 204. Section 206(b) of
No provision.
Currently, refunds begin a
finds to be unjust,
the Federal Power Act is
minimum of 60 days after the
unreasonable, unduly
amended to allow the
filing of the complaint. This
discriminatory or preferential
effective date for refunds to
section would allow refunds
begin a minimum of 60 days
begin at the time of the filing
to be retroactive to the date
after a complaint is filed (16
of a complaint with FERC but
complaint is filed with FERC.
U.S.C. 824e(b)).
not later than 5 months after
filing of a complaint.

---

CRS-13
Provision
Current Law
Senate
House
Comments
Open access
The Federal Power Act
Sec. 205. FERC is authorized,
No provision.
Expands FERC’s
transmission by certain
(Section 201(f)) does not
by rule or order, to require
transmission authority in
utilities
apply to federal Power
unregulated transmitting
ordering open access to
Marketing Administrations,
utilities (Power Marketing
include Power Marketing
state entities or rural electric
Administrations, state entities,
Administrations, state entities
cooperatives (16 U.S.C. 824).
and rural electric
and rural electric
cooperatives) to charge rates
cooperatives.
comparable to what they
charge themselves, and also
require that the terms and
conditions of the sales are
comparable to those required
of other utilities. Exemptions
are established for utilities
selling less than 4 million
megawatt-hours of electricity
per year and for utilities that
own or operate transmission
facilities that are not
necessary to facilitate a
nationwide interconnected
transmission system.
Electric reliability
No current law.
Sec. 206. FERC-approved
No provision.
Would give an electric
standards
electric reliability
reliability organization
organizations will develop
(currently the North
and enforce reliability
American Electric Reliability
standards for the bulk-power
Council (NERC)) the primary
system. Standards are
authority to develop
enforceable by the electric
reliability standards.
reliability organization and
FERC. The provision does
not apply to Alaska or
Hawaii.

---

CRS-14
Provision
Current Law
Senate
House
Comments
Market transparency
No current law.
Sec. 207. Within 180 days
No provision.
rules
after enactment, FERC is
required to issue rules to
establish an electronic system
that provides information
about the availability and
price of wholesale electric
energy and transmission
services. Commercial or
financial information that
FERC determines to be
privileged, confidential, or
otherwise sensitive is exempt
from disclosure.
Access to transmission
No specific law.
Sec. 208. FERC must require
No provision.
Transmitting utilities would
by intermittent
transmitting utilities to
be able to charge higher rates
generators
provide service to solar and
to solar and wind generators
wind generators at rates that
if the intermittent nature of
do not unduly prejudice or
their electricity generation is
disadvantage the generators
likely to have an adverse
for scheduling deviations.
impact on the reliability of the
FERC may exempt a
transmission system.
transmitting utility from the
requirements of this provision
if the solar and wind
generators are likely to have
an adverse impact on
reliability.

---

CRS-15
Provision
Current Law
Senate
House
Comments
Enforcement
Electric utilities are subject to
Sec. 209. The exemptions
No provision.
the criminal penalty section
from the criminal penalty
of the Federal Power Act (16
section of the Federal Power
U.S.C. 825o(c)).
Act (16 U.S.C. 825o(c)) for
certain activities including
wheeling and sales by
Exempt Wholesale
Generators are repealed. The
civil penalty section of the
Federal Power Act (16 U.S.C.
825o-l) is extended to include
sections of this Act.
Amendments to the Public Utility Holding Company Act
Provision
Current Law
Senate
House
Comments
Short title
The Public Utility Holding
Sec. 221. This subtitle may be
No provision.
Company Act of 1935 (15
cited as the “Public Utility
U.S.C. 79 et seq).
Holding Company Act of
2002.”

---

CRS-16
Provision
Current Law
Senate
House
Comments
Definitions
15 U.S.C. 79b
Sec. 222. The following terms
No provision.
The definitions of the terms
are defined: affiliate;
affiliate, electric utility
associate company;
company, gas utility
Commission; company;
company, holding company,
electric utility company; gas
holding company system,
utility company; holding
subsidiary company, and
company; holding company
voting security are changed
system; jurisdictional rates;
from current law. The terms
natural gas company; person;
jurisdictional rates, natural
public utility; public utility
gas company, and public
company; state commission;
utility are not included in the
subsidiary company, and
Public Utility Holding
voting security.
Company Act of 1935.

---

CRS-17
Provision
Current Law
Senate
House
Comments
Repeal of the Public
In general, the Public Utility
Sec. 223. PUHCA is repealed.
No provision.
Currently under PUHCA, a
Utility Holding
Holding Company Act of
holding company can acquire
Company Act of 1935
1935 regulates the structure
securities or utility assets only
(PUHCA)
of holding companies by
if the SEC finds that such a
prohibiting all holding
purchase will improve the
companies that are more than
economic efficiency and
twice removed from their
service of an integrated public
operating subsidiaries,
utility system. It has been
federally regulates holding
argued that reform to allow
companies of investor-owned
diversification would improve
utilities, and provides for
the risk profile of electric
Securities and Exchange
utilities in much the same
Commission (SEC) regulation
way as in other businesses:
of mergers and diversification
The risk of any one
proposals. Registered
investment is diluted by the
holding companies and
risk associated with all
subsidiaries are required to
investments. However,
have SEC approval prior to
concerns have been expressed
issuing securities; all loans
that PUHCA repeal could
and intercompany financial
exacerbate market power
transactions are regulated by
abuses in an industry where
the SEC; and a holding
vigorous competition may not
company can be exempt from
yet exist. State regulators
PUHCA if its business
have expressed concerns that
operations and those of its
increased diversification
subsidiaries occur within 1
could lead to such abuses as
state or within contiguous
cross-subsidization: a
states (15 U.S.C. 79 et seq.).
regulated company
subsidizing an unregulated
affiliate.

---

CRS-18
Provision
Current Law
Senate
House
Comments
Federal access to books
Registered holding companies
Sec. 224. Federal access is
No provision.
and records
and subsidiary companies are
provided to the books and
required to preserve accounts,
records of holding companies
cost-accounting procedures,
and their affiliates. Federal
correspondence, memoranda,
officials must maintain the
papers, and books that FERC
confidentiality of such books
deems necessary or
and records.
appropriate in the public
interest or for protection of
investors and consumers (15
U.S.C. 79o).
State access to books
Under the Federal Power Act,
Sec. 225. A jurisdictional
No provision.
and records
state commissions may
state commission may make a
examine the books, accounts,
written request to a holding
memoranda, contracts, and
company or any associate
records of a jurisdictional
company for access to
electric utility company, an
specific books and records,
exempt wholesale generator
which must be kept
that sells to such electric
confidential. Response to
utility, and any electric utility
such requests is mandatory.
company or holding company
Compliance with this section
that is an associate company
is enforceable in U.S. District
or affiliate of an exempt
Court.
wholesale generator (16
U.S.C. 824).
Exemption authority
No current law.
Sec. 226. FERC is directed to
No provision.
promulgate rules to exempt
qualifying facilities, exempt
wholesale generators, and
foreign utility companies
from the requirements of
Section 224.

---

CRS-19
Provision
Current Law
Senate
House
Comments
Affiliate transactions
The Federal Power Act
Sec. 227. FERC retains the
No provision.
requires that jurisdictional
authority to prevent cross-
rates are just and reasonable
subsidization and to assure
and prohibits cross-
that jurisdictional rates are
subsidization (16 U.S.C. 791a
just and reasonable.
et seq.).
Applicability
No specific provision.
Sec. 228. Except as
No provision.
specifically noted, this
subtitle does not apply to the
United States government, a
state or any political
subdivision of a state, or a
foreign governmental
authority operating outside
the United States.
Effect on other
No specific provision.
Sec. 229. FERC or a state
No provision.
Regulations
commission is not precluded
from exercising its
jurisdiction under otherwise
applicable laws to protect
utility customers.
Enforcement
16 U.S.C. 825e-825p
Sec. 230. FERC has authority
No provision.
to enforce this provision
under sections 306-317 of the
Federal Power Act.

---

CRS-20
Provision
Current Law
Senate
House
Comments
Savings provisions
Not applicable.
Sec. 231. Persons may
No provision.
continue to engage in legal
activities in which they have
been engaged or are
authorized to engage in on the
effective date of the subtitle.
The subtitle does not limit the
authority of the Federal
Energy Regulatory
Commission under the
Federal Power Act or the
Natural Gas Act.
Implementation
Not applicable.
Sec. 232 Not later than 18
No provision.
months after enactment,
FERC will promulgate
regulations necessary to
implement this subtitle and
submit to Congress
recommendations for
technical or conforming
amendments to federal law
that might be necessary to
carry out this subtitle.
Transfer of resources
The Securities and Exchange
Sec. 233. The Securities and
No provision.
No time frame is provided.
Commission maintains books
Exchange Commission will
and records and regulates
transfer all applicable books
security transactions (15
and records to FERC.
U.S.C. 79 e a t seq.).

---

CRS-21
Provision
Current Law
Senate
House
Comments
Interagency review of
No current law.
Sec. 234. An interagency task
No provision.
competition in the
force is created to perform a
wholesale and retail
study and analysis of electric
markets for electric
competition within U.S.
energy
wholesale and retail markets.
The task force will submit a
report not later than 1 year
after the effective date of this
Act.
GAO study on
No current law.
Sec. 235. The General
No provision.
implementation
Accounting Office is directed
to study the effectiveness of
the federal government and
the states in: 1) preventing
anti-competitive practices;
and 2) promoting competition
and efficient energy markets
that benefit consumers. This
report must be submitted to
Congress no later than 24
months after the effective
date of this Act.
Effective date
No applicable law.
Sec. 236. Eighteen months
No provision.
after enactment, this subtitle
will take effect.
Authorization of
No applicable law.
Sec. 237. Necessary funds to
No provision.
appropriations
carry out this subtitle are
authorized to be appropriated.

---

CRS-22
Provision
Current Law
Senate
House
Comments
Conforming
16 U.S.C. 791a et seq.
Sec. 238. The Federal Power
No provision.
amendments to the
Act is amended to reflect the
Federal Power Act
changes to the Public Utility
Holding Company Act of
1935.
Amendments to the Public Utility Regulatory Policies Act of 1978
Provision
Current Law
Senate
House
Comments
Real-time pricing
No current law.
Sec. 241. States must consider
No provision.
Installation of real-time
standard
a standard for real-time
metering and communications
pricing of electricity for retail
technology would be
customers. Real-time pricing
necessary to fully implement
on the retail level would
retail real-time and time-of-
reflect fluctuations of
use pricing.
wholesale rates. Also
contains provision on time-
of-use metering. In states
allowing retail competition,
distribution company must
provide the same time-of-use
metering and communication
service to all of its retail
customers.

---

CRS-23
Provision
Current Law
Senate
House
Comments
Adoption of additional
No current law.
Sec. 242. States are required
No provision.
standards
to consider implementation of
technical and pricing
standards for distributed
generation interconnection to
the local distribution system,
a standard for each electric
utility to develop a plan to
develop a diverse fuel mix
and technology mix for
generating electricity, and a
standard to increase the
efficiency of fossil fuel
generators.
Technical assistance
No current law.
Sec. 243. The Secretary of
No provision.
Energy is authorized to
provide technical assistance
to the states to help develop
the standards under Section
242.

---

CRS-24
Provision
Current Law
Senate
House
Comments
Cogeneration and
Electric utilities are required
Sec. 244. Mandatory purchase
No provision.
small power
to purchase electricity
requirements under §210 of
production purchase
generated by qualifying
the Public Utility Regulatory
and sale requirements
facilities at the utilities’
Policies Act of 1978
avoided cost (16 U.S.C.
(PURPA) will not apply to
824a-3).
new contracts after the date of
enactment if FERC finds that
a competitive electric market
exists. FERC may enforce
recovery of “stranded costs”
incurred by utilities because
of PURPA-mandated
cogeneration and small power
purchases. Ownership
limitations under PURPA are
repealed.
Net metering for
No current law.
Sec. 245. All utilities are
No provision.
Provision would maintain
renewable energy and
subject to net metering
current state authority to
fuel cells
requirements. Residential
determine whether to
system size limits are 500
implement this section’s net
kilowatts. State public utility
metering standard. Currently,
commissions have authority
34 states require utilities to
to determine whether
provide net metering to some
mandatory net metering will
or all classes of customers.
be implemented within their
states.

---

CRS-25
Consumer Protections
Provision
Current Law
Senate
H.R. 4
Comments
Information disclosure
No provision.
Sec. 251. The Federal Trade
No provision.
Commission must issue rules
requiring electric utilities to
provide electric consumers
information on the cost and
type of service being offered.
Consumer privacy
No current law.
Sec. 252. The Federal Trade
No provision.
Commission is directed to
issue rules prohibiting an
electric utility from sharing
its customers’ individual
information without prior
written approval by a
consumer.
Office of Consumer
No current law.
Sec. 253. An Office of
No provision.
Advocacy
Consumer Advocacy is
established within the
Department of Justice. The
Office may represent the
interest of energy customers
on matters concerning rates or
service at FERC hearings, at
U.S. court proceedings, and
hearings and proceedings of
other federal regulatory
agencies and commissions.

---

CRS-26
Provision
Current Law
Senate
H.R. 4
Comments
Unfair trade practices
No current law.
Sec. 254. The Federal Trade
No provision.
Slamming occurs when an
Commission is required to
electric utility switches a
issue rules prohibiting
customer’s electric provider
slamming and cramming.
without the consumer’s
knowledge. Cramming occurs
when an electric utility adds
additional services and
charges to a customer’s
account without the
permission of the customer.
Applicable procedures
Administrative Procedure Act
Sec. 255. The Federal Trade
No provision.
(5 U.S.C. 533).
Commission will adhere to
the notice and comment
rulemaking procedures under
the Administrative Procedure
Act (5 U.S.C. Sec. 533) for
rules issued under this
subtitle.
Federal Trade
Federal Trade Commission
Sec. 256. Violations of rules
No provision.
Commission
Act (15 U.S.C. 57a).
under this subtitle will be
enforcement
treated as violations of the
Federal Trade Commission
Act (15 U.S.C. Sec. 57a).
State authority
No applicable law.
Sec. 257. States are given
No provision.
Gives states the right to
authority to prescribe and
codify and enforce laws,
enforce laws, rules, or
rules, and procedures that
procedures regarding the
may be in direct conflict with
practices of this subtitle.
the Consumer Protection
subtitle.

---

CRS-27
Provision
Current Law
Senate
H.R. 4
Comments
Application of subtitle
No applicable law.
Sec. 258. This subtitle applies
No provision.
only to electric utilities whose
retail sales exceed 500
million kilowatt-hours per
calendar year.
Definitions
16 U.S.C. 2602
Sec. 259. Defines aggregate
No provision.

consumer information and
consumer information.
Electric consumer, electric
utility, and state regulatory
authority have the same
meaning as such terms under
PURPA.
Renewable Energy and Rural Construction Grants
Provision
Current Law
Senate
House
Comments
Renewable energy
EPAct Sec. 1212 provides a
Sec. 261. Eligibility is
Sec. 602. Qualifying
The Senate bill extends the
production incentive
1.5 cent/kwh incentive for
extended to certain public
resources are expanded to
eligibility to a broader range
power produced from wind
utilities. Qualifying
include landfill gas.
of additonal sources.
and biomass by state and
resources are expanded to
Authorizes “such sums,” and
local governments and non-
include landfill gas,
there is no funding limit for
profit electrical cooperatives.
incremental hydro, and ocean
any resource.
Funded by appropriations, it
energy. Funding for hydro
was created to parallel the
may not exceed 30% of the
renewable energy production
total.
tax credit for businesses
(Title XIX).

---

CRS-28
Provision
Current Law
Senate
House
Comments
Assessment of
No existing requirement.
Sec. 262. DOE is required to
Sec. 601. DOE is directed to
The provisions are nearly
renewable energy
report annually on resource
publish an annual report on
identical except the Senate
resources
potential, including solar,
resource potential.
version includes ocean energy,
wind, biomass, ocean,
while the House version does
geothermal, and hydro.
not.
Federal purchase
No existing requirement.
Sec. 263. Federal agencies are
No provision.
Requires that a certain
requirement
required to purchase power
percentage of the total
produced from renewables,
electricity purchased by the
starting at 3% in FY2003, and
federal government be
rising to 7.5% in FY2010.
generated from renewable
energy sources.
Energy Sun labeling
No existing program.
No provision.
Sec. 141A. A government-
The features of this new
program
industry partnership is
program would parallel the
established to create an
features of the existing Energy
“Energy Sun” labeling
Star program for energy-
program that promotes
efficient products (see Sec.
renewable and alternative
926 of the Senate version and
energy products.
Sec. 141 of the House
version).

---

CRS-29
Provision
Current Law
Senate
House
Comments
Renewable portfolio
No existing requirement.
Sec. 264. A renewable energy
No provision.
Several states have enacted an
standard (RPS)
production target is set for
RPS. The Senate bill allows
retail suppliers, starting at 1%
states to have a stronger
in 2005 and rising to 10% by
requirement than the federal
2019. Tradable credits are
standard. (Sec. 271 of the
created to help compliance.
Senate bill redefines a 3
Eligible renewable resources
cents/kwh credit in Sec. 264 to
include solar, wind,
be 1.5 cents/kwh.)
geothermal, biomass
(including municipal solid
waste), landfill gas, a
generation offset (on-site
renewables generation that
reduces demand), and
incremental hydropower.
The baseline estimate
excludes eligible renewables,
municipal solid waste, and
hydropower. Special credits
apply to incremental
hydropower, generation
offsets, production on Native
American lands, and co-firing
with conventional resources.
A non-compliance penalty is
provided.

---

CRS-30
Provision
Current Law
Senate
House
Comments
Renewable energy on
No existing requirement.
Sec. 265. The Secretary of the
Sec. 6102. The Secretary of
The Senate bill requires
federal land
Interior is directed to create a
the Interior is required to
implementation while the
pilot program to develop
inventory the potential to
House bill requires a study.
wind and solar energy on
develop solar, wind,
federal lands.
geothermal, and coal
resources on federal lands.
Also, Sec. 6105 directs,
where practicable, the
Department of the Interior
and the Department of
Agriculture to use energy
efficient technologies in
vehicles and in public and
administrative buildings
associated with management
of the National Park System
and other public lands.
Energy conservation in
No existing requirement.
No provision.
Sec. 6601. The Department of
the Interior
the Interior is required to
Department
study and report on
opportunities to conserve
energy in its facilities and to
reduce conventional energy
use by substituting use of
alternative energy sources,
including the use of solar
power and fuel cells.

---

CRS-31
Provision
Current Law
Senate
House
Comments
ANWR revenue for
No provision.
No provision.
Sec. 6512. Half of the
renewable energy
adjusted revenues from bonus
payments from oil and natural
gas leases in the Arctic
National Wildlife Refuge
(ANWR) is directed to a new
Renewable Energy
Technology Investment Fund
in the U.S. Treasury
Department. The Fund shall
be used to finance research
and studies on renewable
energy and alternative fuels.

---

CRS-32
Provision
Current Law
Senate
House
Comments
Geothermal energy
Geothermal energy
No provision.
Sec. 6301-6307. The
production on federal lands is
maximum royalty for existing
charged a royalty of 10%-
geothermal leases is reduced
15% (Geothermal Steam Act
from 15% to 8%. Further,
Sec. 5).
the royalty is eliminated over
a five-year period for new
qualified leases and new
qualified expansions of 10%
or more. Low temperature
(less than 195 degrees
Fahrenheit) resources are
exempted from royalties, but
are instead required to pay a
fee ranging from $100 to
$1,000. Prohibits geothermal
leasing on Forest Service
lands if a regional forester
determines that the lands
cannot be adequately
protected. The Interior
Department is directed to
determine whether pending
lease applications require
competitive bidding. All
public lands controlled by
military departments are
opened to leasing, subject to
Interior Department
regulations. Further, the
Department is required to
review and report on the
status of all leasing moratoria
and withdrawls from
moratoria.

---

CRS-33
Provision
Current Law
Senate
House
Comments
Reimbursement for
No provision.
No provision.
Sec. 6308. If adequate
costs of NEPA
appropriated funds are not
analyses,
available to conduct the
documentation, and
necessary reviews for a
studies for geothermal
geothermal lease under the
leasing
National Environmental
Policy Act (NEPA) in a
timely manner, the Secretary
of the Interior may reimburse
the lessee or applicant with
royalty credits for conducting
the NEPA work.
Carpet waste as
No existing requirement.
No provision.
Sec. 801. DOE is authorized
alternative energy
funding to support a single
source
grant to develop the
feasibility of burning post-
consumer carpet in cement
kilns as an alternative energy
source.
General Provisions
Provision
Current Law
Senate
House
Comments
Change RPS price cap
No provision.
Sec. 271. The 3 cent/kwh
No provision.
from 3 cents to 1.5
price cap for tradable credits
cents
in Sec. 264, which establishes
a renewable portfolio
standard (RPS), shall be
considered 1.5 cents/kwh.

---

CRS-34
Provision
Current Law
Senate
House
Comments
Bonneville Power
Current BPA borrowing
Sec. 272. Bonneville Power
No similar provision
In the FY2003 Congressional
Administration Bonds
authority is $3.75 billion (16
Administration borrowing
Budget Request, BPA
U.S.C 838k, P.L. 98-50).
authority is increased by $1.3
requested an increase of $700
billion to provide
million in borrowing
transmission system
authority.
improvements.

---

CRS-35
Hydroelectric Relicensing
Provision
Current Law
Senate
House
Comments
Alternative conditions
No provision.
Sec. 301 (a) and (b).
Sec. 401 (a) and (b).
Senate language substituting
and fishways
Agencies imposing conditions
Agencies imposing conditions
“fish resources” for “fishway”
or prescribing fishway
or prescribing fishway
is aimed at protecting “all fish
construction on hydropower
construction on hydropower
resources, not just those fish
license applicants under
license applicants under
species that are harvested
Section 4(e) and Section 18
Section 4(e) and Section 18
either commercially already
of the Federal Power Act
of the Federal Power Act
or with sport fishery,”
must consider alternative
must consider alternative
according to Senator Smith.
measures proposed by the
measures proposed by the
applicant, and accept those
applicant, and accept those
alternative measures if the
alternative measures if the
alternative condition
alternative condition
“provides for the adequate
“provides no less protection
protection and utilization of
for the reservation,” or if the
the reservation,” or if the
alternative fishway “will be
alternative fishway “will be
no less effective than the
no less protective of the fish
fishway initially prescribed,”
resources than the fishway
and would either cost less or
initially prescribed,” and
result in more power
would either cost less or
production.
result in more power
production.
No provision in this section
prohibits other interested
parties from proposing
alternative conditions.

---

CRS-36
Provision
Current Law
Senate
House
Comments
Time of filing
License applicants must file
Sec. 301 (c). License
No similar provision.
Aimed at reducing the
application
24 months prior to expiration
applicants must file 36
number of annual interim
of old license.
months prior to expiration for
licenses that “do not provide
licenses that expire in 2008
certainty for consumers or the
and thereafter.
utility and result in delays in
environmental mitigation and
enhancement,” according to
Senator Smith.
Data collection
No similar provision.
Sec. 402. The Federal Energy

procedures
Regulatory Commission must
collect data on the time and
costs involved in the hydro
licensing process.
Study of increasing
No provision.
No provision.
Sec. 6401. Within 12 months
power production at
of enactment, the Secretary of
existing hydroelectric
the Interior will submit a
facilities
study that describes existing
capacity at hydroelectric
facilities under Interior
Department jurisdiction. In
addition, the study will
identify costs of producing
additional hydroelectric
power from each facility as
well as describe the impact
that increased hydroelectric
production would have on
irrigation, fish, wildlife,
Indian tribes, river health,
water quality, navigation,
recreation, fishing, and flood
control.

---

CRS-37
Provision
Current Law
Senate
House
Comments
Installation of
No provision.
No provision.
Sec. 6402. The Bureau of
A powerformer would replace
powerformer at Folsom
Reclamation may borrow
both the generator and
Power Plant,
from the United States
transformer. This new
California
Treasury the cost of a
technology increases the
powerformer to be installed at
overall efficiency of plant
the Bureau of Reclamation’s
operations and generates
Folsom Power Plant in
electricity at voltage levels
California. The Secretary of
necessary for electricity to be
the Interior is also directed to
placed directly on the
seek contributions from
transmission grid.
power users.
Study of increased
No provision.
No provision.
Sec. 6403. The Secretary of
operational efficiencies
the Interior is to conduct a
at hydroelectric
study to determine whether
projects
operational methods and
water scheduling techniques
could be modified at
hydroelectric facilities with
capacity greater than 50
megawatts to maximize
energy production. Within 18
months of enactment, the
Secretary will submit a report
on the Department’s findings.

---

CRS-38
Provision
Current Law
Senate
House
Comments
Electricity savings at
No provision.
No provision.
Sec. 6404. With the consent
Bureau of Reclamation
of irrigation customers, the
pumping facilities
Bureau of Reclamation will
shift its water pumping
operations to periods of off-
peak electricity demand. This
section does not affect any
existing obligations to
provide electric power, water,
or other benefits from Bureau
of Reclamation facilities.
Indian Energy
Provision
Current Law
Senate
House
Comments
Buy Indian Act
No energy provision.
No similar provision
Sec. 6602. Amends “Buy
Indian Act” to include energy
products.
Comprehensive Indian
No provision.
Sec. 401. A comprehensive
No similar provision
energy program
Indian energy program at the
DOE is established to assist
tribes in meeting their energy
needs and expanding
opportunities to develop
energy resources on tribal
lands. A grant program and a
loan guarantee program for
Indian energy development
are established. Federal
agencies may give a
preference to purchasing
Indian energy.

---

CRS-39
Provision
Current Law
Senate
House
Comments
Office of Indian Energy
No provision.
Secs. 402-403. Within the
No similar provision
Policy and Programs
DOE, an Office of Indian
Energy Policy and Programs
is created to administer the
programs from the previous
section, 401. Appropriations
are authorized.
Siting energy facilities
No provision.
Sec. 404. Indian tribes may
No similar provision
on tribal lands
directly lease land and rights-
of-way for energy facilities,
without case-by-case review
by the Secretary of the
Interior, if the tribe develops,
and the Secretary approves,
tribal regulations, and the
term of the lease does not
exceed 30 years.
Indian mineral
No provision.
Sec. 405.The Secretary of the
No similar provision
development act review
Interior is required to
undertake a review and make
recommendations regarding
tribal opportunities under the
Indian Mineral Development
Act.
Renewable energy
No provision.
Sec. 406. The Secretary of
No similar provision

study
Energy is required to report
on energy consumption and
renewable energy
development potential on
Indian land, including
identification of barriers to
the development of renewable
energy on tribal land.

---

CRS-40
Provision
Current Law
Senate
House
Comments
Federal Power
None
Sec. 407. The Bonneville
No similar provision
Marketing
Power Administration and
Administrations
Western Area Power
Administration are authorized
to assist in developing
distribution systems that
provide power to Indian tribes
using the federal transmission
system.
Feasibility study of
None.
Sec. 408. DOE, in
No similar provision
combined wind and
conjunction with the Army
hydropower
and the Interior Department,
demonstration project
is to study the feasibility of
obtaining a marketable, firm
electricity source from wind
energy generated on tribal
lands connected with
hydropower generated by the
U.S. Army Corp of Engineers
at the Missouri River
powerplants.

---

CRS-41
Nuclear Power
Price-Anderson Act Reauthorization
Provision
Current Law
Senate
House
Comments
Short Title
The Price-Anderson Act,
Sec. 501. This subtitle
No provision.
The House-passed version of
dealing with liability for
(sections 501-509) may be
H.R. 4 does not contain Price-
nuclear accidents, generally
cited as the “Price-Anderson
Anderson provisions; they
consists of Sec. 170 of the
Amendments Act of 2002.”
were included in a separate
Atomic Energy Act of 1954
bill (H.R. 2983) passed by the
(AEA, 42 U.S.C. 2210). Key
House on November 27,
terms are defined at 42 U.S.C.
2001, described below: H.R.
2014.
2983 Sec. 1. This Act may be
cited as the “Price-Anderson
Reauthorization Act of 2001.”
Extension of NRC
Nuclear Regulatory
Secs. 502(a), 502(c). NRC
No provision.
H.R. 2983 Secs. 2(a), 2(c).
indemnification
Commission (NRC) authority
indemnification authority is
NRC indemnification
authority for
to provide indemnification
extended through August 1,
authority is extended through
commercial nuclear
under Price-Anderson to new
2012.
August 1, 2017. (Without the
power plants and other
reactors and other licensees
extension, existing reactors
licensees
expires August 1, 2002 (AEA
would continue to be covered
Sec. 170 c.).
by Price-Anderson, but new
reactors would not.) Sec. 14.
Before providing Price-
Anderson coverage to a new
reactor, NRC must consult
with the Office of Homeland
Security about whether the
reactor’s design and location
provide adequate public
protection in case of a
terrorist attack.

---

CRS-42
Provision
Current Law
Senate
House
Comments
Extension of DOE
DOE authority to indemnify
Sec. 502(b). DOE’s
No provision.
H.R. 2983 Sec. 2(b). DOE
indemnification
nuclear contractors against
indemnification authority is
indemnification authority is
authority for nuclear
radiological damage claims
extended indefinitely.
extended through August 1,
contractors
by members of the public
2017. (Without an extension,
expires August 1, 2002 (AEA
new DOE contracts would not
Sec. 170 d.).
include Price-Anderson
indemnification, although
existing contracts would still
be covered.)
Nuclear incident
The liability limit for public
Sec. 503. The DOE contractor
No provision.
H.R. 2983, Sec. 4. Same as
liability limits
damages resulting from a
liability limit is raised to $10
Senate bill. Sec. 3. Maximum
nuclear incident by a DOE
billion, subject to an inflation
total contributions by each
contractor is about $9.5
adjustment under Section
commercial reactor following
billion. The contractor
506.
an accident are raised to $94
liability limit is based on the
million (to be adjusted for
limit for commercial nuclear
inflation every five years after
reactors (AEA Sec. 170 d.).
enactment). Maximum
The commercial reactor
annual contributions per
liability limit is equal to the
reactor are raised from $10
maximum available liability
million to $15 million, to be
insurance, plus maximum
adjusted for inflation. Total
contributions of $63 million
available reactor incident
per reactor (adjusted for
compensation increases to
inflation since 1988), plus a
about $10 billion. The Senate
5% surcharge, currently
bill leaves the current reactor
totaling about $9.5 billion.
incident compensation
Compensation contributions
formula unchanged.
are paid at a rate of no more
than $10 million per reactor
per year (AEA Sec. 170 b.).

---

CRS-43
Provision
Current Law
Senate
House
Comments
Incidents outside the
The liability limit for nuclear
Sec. 504. The limit is raised
No provision.
H.R. 2983, Sec. 5. Same as
United States
incidents outside the United
to $500 million.
Senate bill. Sec. 10. The
States is $100 million (AEA
federal government may not
Sec. 170 d., e.).
accept liability for nuclear
incidents in nations found to
support terrorism.
Reports on Price-
No future reports on this
Sec. 505. DOE and the
No provision.
H.R. 2983, Sec. 6. Same
Anderson extension or
subject required.
Nuclear Regulatory
reports as the Senate bill, but
modification
Commission (NRC) shall
the deadline is August 1,
submit reports to Congress by
2013.
August 1, 2008, to
recommend continuation or
modification of the Price-
Anderson Act.
Inflation adjustment
NRC every five years must
Sec. 506. In addition to the
No provision.
H.R. 2983, Sec. 7. Similar to
for liability limits
adjust for inflation, using the
NRC inflation adjustment,
Senate bill. (The House and
aggregate percentage change
DOE must make a similar
Senate bills would eliminate
in the Consumer Price Index,
adjustment of the $10 billion
the existing link between
the maximum compensation
nuclear contractor accident
commercial reactor and DOE
contribution that each reactor
liability limit every five years.
contractor liability limits,
must make following a
requiring a separate inflation
nuclear incident (AEA Sec.
adjustment for DOE
170 t.). If the NRC inflation
contractors.)
adjustment raises the reactor
liability limit above the
existing DOE contractor
limit, the contractor limit is
raised to the same level (AEA
Sec. 170 d.).

---

CRS-44
Provision
Current Law
Senate
House
Comments
Civil penalties for DOE
Specific nonprofit DOE
Sec. 507. The exemption for
No provision.
H.R. 2983, Sec. 16. Similar
nuclear contractors
contractors who violate
specific nonprofit DOE
to Senate bill. Sec. 13.
nuclear safety regulations are
contractors is replaced by
Indemnified nuclear
exempt from civil penalties.
provisions limiting nuclear
contractors at DOE non-
DOE may automatically remit
safety penalties on any
weapons sites must follow
nuclear safety fines paid by
nonprofit contractor to the
industrial safety rules
any nonprofit educational
amount of the management
equivalent to those of the
institution (AEA Sec. 234A.).
fee it has earned under a DOE
Occupational Safety and
contract within any one-year
Health Administration and
period. DOE authority to
pay civil penalties for
remit fines paid by nonprofit
violations. Sec. 15. If DOE
educational institutions is
has to pay compensation for
repealed.
an accident caused by the
intentional misconduct of a
for-profit contractor, the
Attorney General may file a
lawsuit to recover such
compensation from the
contractor, up to the amount
of profit earned on the
contract.
Treatment of modular
All commercial nuclear
Sec. 508. Two or more
No provision.
H.R. 2983, Sec. 8. Same as
reactors
reactors with electric
reactors at a single site, each
Senate bill. (This provision
generating capacity of 100
with electric generating
would allow a “modular”
megawatts or more are
capacity of 100-300
nuclear plant made up of
subject to Price-Anderson’s
megawatts and totaling no
several small reactors to
maximum payments for
more than 1,300 megawatts,
purchase insurance coverage
accident damages and
shall be treated as a single
as if the plant consisted of a
requirements for insurance
reactor in assessing accident
single reactor. The entire
coverage (AEA Sec. 170 b.).
compensation contributions
modular plant also would
and insurance requirements.
only be liable for the accident
compensation payments of a
single reactor.)

---

CRS-45
Provision
Current Law
Senate
House
Comments
Effective date
Not applicable.
Sec. 509. The increased
No provision.
H.R. 2983, Sec. 9. Same as
nuclear liability limits in this
Senate bill.
subsection shall apply only to
accidents that occur after the
date of enactment.
Miscellaneous Provisions
Provision
Current Law
Senate
House
Comments
Government uranium
DOE may sell its uranium
Sec. 511. With certain
Sec. 309. The federal
stockpile sales
stockpiles under certain
exceptions, DOE uranium
government is prohibited
conditions (42 U.S.C. 2297h-
sales are restricted to 3
from selling or transferring
10).
million pounds per year from
any uranium through March
2003-2009, rising to 10
23, 2009, except for
million pounds per year after
emergencies and certain prior
2012.
commitments. Sales of
government-owned uranium
after that date are limited to
three million pounds per year.
Thorium cleanup
DOE is authorized to
Sec. 512. The thorium
No provision.
Senate language is nearly
reimbursement
reimburse up to $140 million
reimbursement authorization
identical to thorium
in government-related
is raised to $365 million.
reimbursement provisions in
cleanup costs to the owner of
H.R. 3343, passed by the
a thorium processing site (42
House December 18, 2001.
U.S.C. 2296a).

---

CRS-46
Provision
Current Law
Senate
House
Comments
Fast Flux Test Facility
No comparable provision.
Sec. 513. DOE is prohibited
No provision.
Sec. 2344(c) of the House bill
from restarting the Fast Flux
prohibits nuclear energy
Test Facility (FFTF), a test
operation and maintenance
reactor at Hanford,
funds from being used for
Washington, if the proposed
FFTF, although restart is not
missions can be conducted at
specifically mentioned. DOE
other facilities that are
announced December 19,
already operating.
2001, that FFTF would be
permanently closed.
Nuclear Power 2010
No specific provision.
Sec. 514. DOE shall conduct
No specific provision.
DOE is currently conducting
Program
a cost-shared program with
a Nuclear Power 2010
industry to “allow for the
program within the Nuclear
construction and startup of
Energy Technologies
new nuclear plants in the
program.
United States by 2010.”
Spent Nuclear Fuel
DOE shall conduct a research
Sec. 515. A DOE Office of
Sec. 2321. DOE’s Office of
Spent fuel recycling or
Research
program on alternative means
Spent Nuclear Fuel Research
Nuclear Energy, Science, and
reprocessing involves the
and technologies for disposal
is established to research,
Technology shall conduct a
extraction of plutonium and
of high-level radioactive
develop, and demonstrate
research and development
uranium from spent nuclear
waste (42 U.S.C. 10202).
technologies for treatment,
program on advanced
fuel for use in new fuel.
recycling, and disposal of
technologies for the
Supporters contend that it
spent nuclear fuel and high-
reprocessing of spent nuclear
could extend domestic energy
level radioactive waste. The
fuel. The technologies should
supplies and reduce the
technologies should be based
be resistant to nuclear
hazard posed by nuclear
on reactors and accelerators
weapons proliferation and
waste, while opponents are
and minimize nuclear
support alternative spent fuel
concerned that the extracted
weapons proliferation
disposal strategies.
plutonium could be used for
concerns.
weapons. DOE currently
plans to use reprocessing
technology to treat spent fuel
from the closed Experimental
Breeder Reactor-II in Idaho.

---

CRS-47
Provision
Current Law
Senate
House
Comments
Reactor
No provision.
Sec. 516. DOE shall
No provision.
Decommissioning Pilot
decontaminate and
Program
decommission the sodium-
cooled test reactor in
northwest Arkansas.
Growth of Nuclear Energy
Provision
Current Law
Senate
House
Comments
Commercial reactor
For a commercial nuclear
Sec. 521. A reactor’s
Sec. 301. The 40-year license
Both provisions would
license period
reactor that receives a
operating period under a
period for a combined license
provide the longest potential
combined construction and
combined license shall be no
will not begin until NRC
operating period for new
operating license from the
shorter than if separate
determines that the completed
reactors under a 40-year
Nuclear Regulatory
construction and operating
reactor is ready to start
combined license (which can
Commission (NRC), the
licenses had been issued.
operating.
be renewed).
initial 40-year license period
could begin when NRC grants
a combined license for a
reactor, before construction
has started and years before
the start of operation (AEA
Section 103 c.).

---

CRS-48
NRC Regulatory Reform
Provision
Current Law
Senate
House
Comments
Commercial reactor
NRC must provide copies of
Sec. 531. After receiving
No provision.
antitrust reviews
commercial reactor license
notice from NRC, the
applications to the Attorney
Attorney General shall review
General, who must review
commercial license
them for antitrust problems
applications for antitrust
within 180 days. If problems
problems within 90 days.
are found, the Attorney
Other antitrust review
General may become a party
procedures shall not apply to
to the licensing proceedings
new commercial reactor
(42 U.S.C. 2135).
license applications.
Protection of reactor
No specific provision.
Sec. 532. Funds set aside for
No provision.
decommissioning funds
decontamination and
decommissioning of
commercial nuclear reactors
shall not be used to satisfy
creditors for unrelated
purposes. Similar protection
is provided to insurance
payments for nuclear
incidents under the Price-
Anderson Act.

---

CRS-49
NRC Personnel Crisis
Provision
Current Law
Senate
House
Comments
Elimination of pension
No provision.
Sec. 541. If NRC has a
No provision.
offset for critical NRC
critical need for the skills of a
personnel
retired employee, NRC can
hire the retiree as a contractor
and exempt him or her from
the annuity reductions that
would otherwise apply.
NRC training program
No specific provision.
Sec. 542. Funding is
No provision.
authorized for NRC to carry
out a training and fellowship
program to develop critical
nuclear safety skills.
NRC cost recovery
Federal agencies must pay
No provision.
Sec. 302. NRC may impose
from other government
fees to NRC for certain
licensing and other cost-based
agencies
licensed activities (AEA Sec.
fees on all NRC-licensed
161 w.).
activities conducted by other
federal agencies.
Extension of limitation
An account in the Treasury
No provision.
Sec. 303. The depleted
on depleted uranium
must be preserved through
uranium treatment account
funds
FY2002 to pay for treatment
must be preserved for that
of depleted uranium
purpose through FY2005.
hexafluoride at former DOE
plants in Ohio and Kentucky
(P.L. 105-204).

---

CRS-50
Provision
Current Law
Senate
House
Comments
Transcripts of NRC
No provision.
No provision.
Sec. 304. If a quorum of
meetings
NRC Commissioners meets to
discuss official business, a
transcript of non-confidential
discussions at the meeting
must be made available to the
public.
Paducah enrichment
No provision.
No provision.
Sec. 307. The Secretary of
plant decommissioning
Energy must submit a plan to
plan
Congress for decontaminating
and decommissioning surplus
facilities and DOE material
storage areas at the Paducah,
Kentucky, uranium
enrichment plant.
Feasibility of locating
No provision.
No provision.
Sec. 308. The Secretary of
commercial reactors at
Energy must determine the
DOE sites
feasibility of building
commercial nuclear power
plants at existing DOE sites.

---

CRS-51
Oil and Gas Production
Provision
Current Law
Senate
House
Comments
Permanent authority to
The SPR requires periodic
Sec. 601. Authorization of
No comparable provision.
This provision would avoid
operate the Strategic
reauthorization.
the Strategic Petroleum
periods such as was
Petroleum Reserve
Reserve is made permanent,
experienced in 2000, when
subject to appropriations.
authorization expired at the
This eliminates the need for
end of March and Congress
periodic reauthorization.
was unable to reach
agreement on reauthorization
until November.
Federal oil and gas
The Mineral Leasing Act of
Sec. 602. The Secretary of the
Sec. 6221-6225. The
management
1920, as amended, provides
Interior shall ensure timely
Secretaries of Agriculture and
the authority for onshore
action on applications for oil
the Interior must conduct a
federal lands to be leased for
and gas leases and drilling
study of “impediments” to oil
a specified period of time for
permits on federal lands.
and gas leasing on federal
oil and gas development.
lands. The Secretary of the
Interior must eliminate
unwarranted denials and stays
of lease issuances.
Federal oil and gas
Current acreage limitations,
Secs. 603. Lease acreage
No provision.
acreage limitations
royalty policies and
limitations are altered.
reclamation requirements for
oil and gas are spelled out in
the Mineral Leasing Act of
1920 (30 U.S.C. 181).
Orphaned wells on
Mineral Leasing Act of 1920.
Sec. 604. The Secretary of the
No provision.
federal land
Interior, in cooperation with
the Secretary of Agriculture,
shall establish a program that
ensures the remediation of
orphaned wells on federal
land.

---

CRS-52
Provision
Current Law
Senate
House
Comments
Federal technical
Mineral Leasing Act of 1920.
Sec. 605. The Secretary of
No provision.
assistance for
Energy shall establish a
abandoned oil and gas
technical assistance program
wells
to help states quantify and
mitigate risks from
abandoned wells.
Offshore oil and gas
Outer Continental Shelf
Sec. 606. The Minerals
Sec. 6231. The Secretary of
suspensions
Lands Act (43 U.S.C. 1334).
Management Service (MMS)
the Interior may allow
can suspend offshore oil and
suspension of operations
gas operations to reevaluate
under any OCS oil and gas
geological data if the
lease to allow time for
suspension would prevent
reinterpretation of exploratory
waste from unnecessary well
data under salt sheets.
drilling.
Offshore oil and gas
The Deepwater Royalty
No provision.
Sec. 6201-6204. The Royalty
royalties
Relief Act of 1996 (DWRRA)
Relief Extension Act of 2001
established the depths at
extends the original
which a specified amount of
Deepwater Royalty Relief Act
production is exempt from
of 1995 for two years.
royalties for leases held
between 1996-2000. New
rules modified the DWRRA
for leases held after
November 2000.
Coalbed methane study
Coalbed methane R&D is
Sec. 607. The Secretary of the
No provision.
carried out by the DOE and
Interior and others shall study
funded through the Interior
the effects of coalbed
and Related Agencies
methane production on water
Appropriation Bill.
resources.

---

CRS-53
Provision
Current Law
Senate
House
Comments
Oil and gas production
Mineral Leasing Act of 1920.
Sec. 608. The Secretary of
No provision.
royalty and tax policy
Energy and others must
evaluation
evaluate the effect of oil and
gas royalty and tax policies
on oil and gas production.
Strategic Petroleum
The SPR was initially
Sec. 609. The President must
No comparable provision.
Reserve (SPR)
authorized in 1975 (P.L. 94-
fill the SPR to its current
163).
capacity “as soon as
practicable” by the “most
practicable and cost-effective
means.”
Hydraulic fracturing
No provision.
Sec. 610. EPA is required to
No provision.
conduct a study of the effects
of hydraulic fracturing of
hydrocarbon-bearing geologic
formations on underground
sources of drinking water and
determine whether regulation
is necessary. If regulations
are deemed unnecessary,
states will be relieved from
further obligation to regulate
hydraulic fracturing.
Safe Drinking Water
No provision.
Secs. 611-612. Funding is
No provision.
grant and preservation
authorized for a grant to
of oil and gas resource
Alabama under the Safe
data
Drinking Water Act, and the
U.S. Geological Survey may
preserve and provide public
access to oil and gas resource
data.

---

CRS-54
Provision
Current Law
Senate
House
Comments
Federal oil and gas
Royalty -in-kind authority is
No provisions.
Secs. 6232-6235. When the
The Great Lakes issue
royalties-in-kind and
provided by the Outer
federal government sells any
became one of state versus
other provisions
Continental Shelf Lands Act
physical quantities of oil and
federal control over oil and
of 1953, as amended (43
gas received as royalty-in-
gas development, particularly
U.S.C 1331, et. seq.).
kind payments, it must sell it
in Lake Michigan. In
for market value and must
February 2002 the Michigan
A provision in the FY2002
receive revenues greater than
legislature approved a bill to
Energy and Water
or equal to those received
ban oil and gas drilling in the
Development bill (P.L.107-
under a comparable cash
Great Lakes. Michigan
66) bans oil and gas drilling
payment royalty. States and
Governor Engler did not
in the Great Lakes.
provinces around the Great
oppose the measure.
Lakes are encouraged to
prohibit or cease offshore oil
and gas drilling in the Great
Lakes.
Coal leasing in the
Coal is currently being leased
Sec. 613. The Secretary of the
No provision.
The Bureau of Land
Powder River Basin
on federal lands under the
Interior shall report to
Management can issue
Mineral Leasing Act of 1920
Congress on plans to resolve
development leases for two
(30 U.S.C.181).
conflicts between
different resources on the
development of coal and
same tract of land. The
coalbed methane in the
potential for conflict arises
Powder River Basin.
from overlapping coal and
gas leases in the Powder
River Basin.

---

CRS-55
Natural Gas Pipelines
Alaska Natural Gas Pipeline
Provision
Current Law
Senate
House
Comments
Short title and
The Natural Gas Act (NGA)
Secs. 701 and 703. This
No provision.
purposes
gives FERC authority to
subtitle may be called the
certificate interstate pipelines.
“Alaska Natural Gas Pipeline
The Alaska Natural Gas
Act of 2002.” Its purpose is
Transportation Act
to expedite the completion of
(ANGTA), 15 U.S.C. 719,
one or more pipelines to
creates a process where a
deliver Alaskan natural gas to
project in the Alaska Natural
the contiguous 48 states.
Gas Transportation System
may be recommended and
approved.
Findings
No provision.
Sec. 702. North Slope gas
No provision.
FERC has issued a certificate
supply is declared to be in the
for the Alaska Gas Transport
national interest.
System
Expedited certification
ANGTA, NGA both address
Sec. 704. FERC must issue a
No provision.
this matter.
certificate for a proposed
Alaskan gas pipeline based on
Natural Gas Act criteria,
notwithstanding the Alaska
Natural Gas Transportation
Act. A certificate must be
issued within 60 days of a
final environmental impact
statement.

---

CRS-56
Provision
Current Law
Senate
House
Comments
Prohibition on certain
No provision.
Sec. 704(d). No federal
Sec. 701. Same.
This prohibition would block
pipeline route
approval may be granted for
proposed natural gas pipeline
any natural gas pipeline
routes from the Alaska North
transiting submerged lands or
Slope that could open the
the shoreline of the Beaufort
U.S. market to Arctic
Sea, nor for any gas pipeline
Canadian natural gas
crossing the U.S.-Canadian
resources.
border north of 68 degrees
north latitude.
Environmental reviews
The National Environmental
Sec. 705. FERC is designated
Sec. 6503(c). Parameters are
Policy Act (NEPA) calls for
as the lead agency for
set for NEPA reviews of oil
environmental review and
environmental reviews of an
and gas leases on the ANWR
analysis.
Alaska gas pipeline. FERC
Coastal Plain.
must issue a draft
environmental impact
statement (EIS) within 12
months after determining the
pipeline certificate
application is complete. The
final EIS is to be issued 6
months after the draft
statement.
Pipeline expansion
No provision.
Sec. 706. FERC has authority
No provision.
to order pipeline expansion,
contingent upon approved
tariffs and firm shipper
agreement.

---

CRS-57
Provision
Current Law
Senate
House
Comments
Federal coordinator
No provision.
Sec. 707. A new executive
No provision.
branch office, the Federal
Coordinator for Alaska
Natural Gas Transport
Projects, is established to
coordinate the expeditious
discharge of all federal
agency activities and
compliance with this act.
Judicial review
No specific provision.
Sec. 708. Legal challenge to
Sec. 6508. Issues relating to
agency actions under this bill
Coastal Plain referred to U.S.
are directed to the U.S. Court
Court of Appeals, D.C.
of Appeals for the D.C.
Circuit
Circuit.
State jurisdiction over
No specific provision.
Sec. 709. Intrastate gas
No provision.
Treats sales of gas from this
in-state gas delivery
deliveries will not be
pipeline as intrastate
regulated by FERC.
transactions.
Loan guarantee
No provision.
Sec. 710. Loan guarantees of
No provision.
up to $10 billion are provided
for an Alaska gas transport
system certified by FERC.
Project sponsors are required
to “put 20% down”; other
terms and conditions are to be
worked out by the Secretary
of Energy.

---

CRS-58
Provision
Current Law
Senate
House
Comments
Study of alternative
No provision.
Sec. 711. If no commercial
No provision.
means of construction
pipeline application is filed
within 18 months of
enactment, DOE is instructed
to conduct a study of having
the project undertaken by a
government corporation.
Clarification of Alaska
No provision.
Sec. 712. Nothing in this bill
No provision.
Natural Gas Transport
affects ANGTA. DOE has
Act (ANGTA) and
authority to amend existing
authority to amend
transport plan to bring it up to
terms and conditions to
date.
meet current project
requirements
Definitions
No provision.
Sec. 713. This section defines
No provision.

the concept of Alaska natural
gas as applying to the North
Slope, including the
Continental Shelf. It also
defines the pipeline system as
that part within the United
States, and subject to FERC
jurisdiction.

---

CRS-59
Provision
Current Law
Senate
House
Comments
Sense of the Senate
No provision.
Sec. 714. It is the sense of the
No provision.
Senate that commercial-
ization of Alaskan gas is
economically important to
both the United States and
Canada. It is urged that North
American steel be used in
pipeline construction, and that
the project sponsors negotiate
a project labor agreement to
expedite construction.
Pipeline construction
No provision.
Sec. 715. The Secretary of
No provision.
training program
Labor is to report to Congress
within 6 months on the
training requirements needed
for Alaska residents to
participate in pipeline
construction. The Secretary
is tasked with establishing
such program within 1 year of
the report.

---

CRS-60
Operating Pipelines
Provision
Current Law
Senate
House
Comments
Historic Preservation
No provision.
Sec. 721 The Chairman of
Sec. 6104. The Secretary of
Among the perceived
Act and pipeline
the Council on Environmental
Energy, in coordination with
bottlenecks in the approval of
environmental review
Quality (CEQ), in
FERC, must form a task force
new gas pipeline projects that
coordination with the
of the relevant agencies to
the Bush Administration
Chairman of FERC, is to
develop an interagency
seeks to streamline is the
form an interagency task
agreement to expedite the
environmental review
force that will develop an
approval of pipeline projects.
process.
interagency memorandum of
understanding to expedite
Sec. 702. Pipelines are
At issue regarding historic
pipeline projects. The task
exempted from the National
preservation is whether
force is to consist of the lead
Register of Historic Places
pipeline companies needing
agency chairs, and the heads
under the National Historic
FERC approval to expand or
of BLM, the Fish and
Preservation Act (NHPA)
renovate facilities should be
Wildlife Service, Corps of
unless they have been
compelled by FERC to fund
Engineers, Forest Service,
abandoned or their owners
and perform historical
EPA, and the Advisory
consent to such inclusion.
documentation and
Council on Historic
preservation.
Preservation.
Pipeline Safety
Provision
Current Law
Senate bill
House bill
Comments
Short Title;
Title 49 of the U.S. Code
Sec. 741. This subtitle
No provision.
Secs. 741-783 include the
Amendment of Title 49
includes federal law outlining
(sections 741-783) may be
previously passed Senate
U.S.C.
many of the legal authorities
cited as the “Pipeline Safety
pipeline safety bill (S. 235)
for federal activities,
Improvement Act of 2002.”
(with minor changes) and
including regulation and
several provisions pertaining
enforcement, that influence
to pipeline security and
the safety and security of
related issues.
pipeline infrastructure.

---

CRS-61
Provision
Current Law
Senate bill
House bill
Comments
Pipeline Safety
Pipeline safety provisions are
Secs. 742- 765. To address
No provisions.
Selected pipeline safety
Improvement Act of
located 49 U.S.C. 601.
concerns regarding human
provisions are described.
2002
errors causing pipeline
releases, operators are
required to prepare a plan that
would be designed to enhance
the qualifications of pipeline
personnel and to reduce the
likelihood of accidents. The
plan is to provide for training
and periodic reexamination of
pipeline personnel. The
Secretary of Transportation is
authorized to certify that
those plans are sufficient to
ensure continuation of safety
operations (Sec. 763). To
enhance the safety of pipeline
operations, companies are
required to implement
integrity management plans
for interstate pipelines that
traverse environmentally
sensitive areas and high
density population areas.
Each operator's plan would
need to be based on risk
analysis and include periodic
assessment of the integrity of
the pipeline no less than every
five years unless certain
conditions are met (Sec. 764).

---

CRS-62
Provision
Current Law
Senate bill
House bill
Comments
Pipeline safety
49 U.S.C. 601
Secs. 766- 778. To reduce
No provision.
education, state
damage to infrastructure
oversight, and
caused by third parties, each
authorizations
owner or operator of a
pipeline facility is required to
carry out a continuing
program to educate the public
regarding pipeline safety,
including providing
information on the use of
one-call notification systems
prior to excavation (Sec.
766). Operators must
maintain liaison with various
state or local entities and
provide information, upon
their request, on the integrity
management program
implemented at a facility and
other aspects of facility
operations, including the
location of pipelines (Sec.
768). For FY2003 through
FY2005, the Office of
Pipeline Safety program is
authorized at specified levels
of funding, with amounts set
aside to carry out pipeline
integrity program and
research and development
activities (Sec. 772).

---

CRS-63
Provision
Current Law
Senate bill
House bill
Comments
New England pipeline
No provision.
Sec. 779. FERC, in
No provision.
transmission and
conjunction with DOE, is to
storage study
conduct a study of the
pipeline transmission system
and storage facilities in New
England, and determine its
adequacy to meet current and
projected consumer and
power generation needs, as
well as seasonal demands.
The study should identify
potential transport bottlenecks
and deficiencies in the
environmental review and
permitting process. A report
to the Senate Energy and
Natural Resources Committee
and relevant House
committee is required within
120 days of enactment.
Pipeline security-
49 U.S.C. 601
Secs. 780- 783. To enhance
No provision.
sensitive information
pipeline security, if the
and criminal penalties
Department of Transportation
obtains security-sensitive
information regarding
pipelines, such information
shall be released only with
adequate protection to
specified parties (Sec. 781),
and criminal penalties are
provided for damaging or
destroying pipeline facilities
(Sec. 783).

---

CRS-64
Fuels and Vehicles
CAFE Standards, Alternative Fuels, and Advanced Technology
Provision
Current Law
Senate
House
Comments
Increased fuel economy
The Energy Policy and
Sec. 801. The Secretary of
Sec. 201. The Secretary of
Some argue that the savings
standards
Conservation Act (P.L. 94-
Transportation must issue not
Transportation must establish
called for in the House bill
163), enacted in 1975,
later than 15 months after
fuel economy standards
could be achieved with an
established procedures
enactment “new regulations
for light-duty trucks
increase in light-truck CAFE
whereby the National
setting forth increased fuel
manufactured in model years
of 1-2 mpg. The Senate
Highway Traffic Safety
economy standards”
2004-2010 that will result in a
provision freezing the CAFE
Administration (NHTSA)
reflecting “maximum feasible
gasoline consumption savings
standard for “pickup trucks,”
follows a rulemaking process
fuel economy levels”
of at least 5 billion gallons of
which are undefined, will
to establish model year CAFE
consistent with factors set out
gasoline from what this
narrow the scope of the
standards for passenger
in the original CAFE
portion of the fleet would
Senate language. Concurrent
automobiles and light-duty
legislation (P.L. 94-163).
have consumed had the
with congressional
trucks. Fuel economy of
(However, Sec. 811 freezes
standard for this segment of
consideration of energy
passenger automobiles is
“pickup truck” CAFE at 20.7
the vehicle fleet remained at
legislation, the
currently 27.5 mpg; light-
mpg.) An environmental
20.7 miles-per-gallon.
Administration, on Feb. 7,
duty truck CAFE is 20.7 mpg.
assessment is required of the
2002, issued a request for
effects of the new standards,
comments on CAFE
and $2 million is authorized
standards for passenger cars
to carry out this section.
and light trucks for some or
all of model years 2005-2010,
taking into account the
National Academy of
Sciences (NAS) study on fuel
economy released in 2001,
and other issues.

---

CRS-65
Provision
Current Law
Senate
House
Comments
Expedited procedures
No current law.
Sec. 802. In the event that the
No comparable provision.
Sec. 802 does not specify a
for congressional
Secretary of Transportation
specific CAFE standard that
increase in fuel
does not comply with Sec.
Congress may enact under
economy standards.
801 within 15 months of
expedited procedures.
enactment, Congress may
establish CAFE standards
under expedited procedures.
Considerations to be
Current law requires
Sec. 803. In addition to
No comparable provision.
The Senate legislation
taken into account in
Secretary of Transportation to
considerations in current law,
considerably lengthens the
setting maximum
consider “technological
the Secretary of
number of conditions to be
feasible average fuel
feasibility, economic
Transportation must consider:
analyzed and weighed by the
economy standards
practicability, the effect of
(1) CAFE effects on reducing
National Highway Traffic
other motor vehicle standards
U.S. dependence on imported
Safety Administration in
of the Government on fuel
oil; (2) motor vehicle and
setting standards. The
economy, and the need of the
passenger safety; (3) air
implications, if any, for the
United States to conserve
quality; (4) the relative
rule-making process are
energy.” [49 Sec.
competitiveness of
unclear. It is possible that
32902(2)(f)]
manufacturers; (5) levels of
these new considerations, if
employment in the United
retained in the final bill, will
States; (6) the cost and lead
be legally challenged and
time for new technologies; (7)
might delay the rulemaking
potential benefits of advanced
process as amended by the
technology vehicles; (8)
legislation.
impact of manufacturers’
near-term compliance costs
on their ability to develop
advanced technologies (9) the
January 2002 CAFE report of
the National Research
Council.

---

CRS-66
Provision
Current Law
Senate
House
Comments
Consideration of
No current law.
No comparable provision.
Sec. 202. The Secretary of
The original distinction
prescribing different
Transportation will consider
between cars and light trucks
average fuel economy
the merits and benefits of
in the Energy Policy and
standards for non-
basing fuel economy
Conservation Act (P.L. 94-
passenger automobiles
standards for light-duty
163) assumed that vehicles
vehicles upon some measure
dedicated to passenger travel
of vehicle weight. The
would be subject to tougher
Secretary should consider any
CAFE standards, whereas
recommendations made by
light-duty trucks intended for
the National Academy of
hauling and other commerce
Sciences in its fuel economy
would be required to meet an
study. If a weight-based
appropriately less stringent
system is adopted, an
standard. In recent years,
individual manufacturer could
it has become apparent that
trade credits among the
vehicles such as sport utility
different models produced by
vehicles (SUVs) – which
that manufacturer.
otherwise meet the definition
of “light duty trucks” – are
being used as passenger
vehicles but are not held to
the CAFE standard of
passenger automobiles.
Extension of maximum
Manufacturers earn a “CAFE
Sec. 804. Maximum increase
Sec. 203. An existing
The fuel economy study by
fuel economy increase
credit” for producing dual-
in a manufacturer’s CAFE
incentive that provides
the National Academy of
for alternative vehicles
fueled vehicles. The
owing to inclusion of dual-
CAFE credits to
Sciences (NAS)
maximum increase in a
fueled vehicles in its fleet is
manufacturers of dual-fueled
recommended
manufacturer’s CAFE owing
limited to 1.2 mpg for model
vehicles is extended through
elimination of the credit,
to inclusion of dual-fueled
years 1993-2008, and 0.9
model year 2008.
contending that these vehicles
vehicles in its fleet is limited
mpg for model years 2009-
are rarely operated on
to 1.2 mpg for model years
2013.
anything but conventional
1993-2004, and 0.9 mpg for
gasoline, while the credit
model years 2005-2008.
permits the manufacturer to
sell less-efficient vehicles.

---

CRS-67
Provision
Current Law
Senate
House
Comments
Study of feasibility and
Not in current law.
No comparable provision.
Sec. 207. The National
effects of reducing use
Academy of Science is to
of fuel for automobiles
undertake a study on the
feasibility and effects of
reducing automobile fuel use
– “by a significant
percentage” – by model year
2010. The study is to
particularly look at the
promise of fuel cell
technology and alternatives to
the present structure of the
CAFE standards.
Procurement of
Sec. 303 of the Energy Policy
Sec. 805. Five percent of
Sec. 205. In addition to the
The targets specified in
alternative fueled and
Act of 1992 (P.L. 102-486)
light duty trucks procured for
75% of federal motor vehicles
existing law have not been
hybrid light-duty
required that, by FY1999,
federal fleets in FY2005-
purchased each year that must
met.
trucks for federal fleets
75% of vehicle purchases for
FY2006 must be alternative-
be alternative-fueled under
a federal fleet of 20 or more
fueled or hybrid vehicles.
Sec. 303(b)(1) of P.L. 102-
light-duty motor vehicles be
This requirement increases to
486, 5% of federal fleet
alternative-fueled vehicles.
10% after FY2006.
vehicles purchased during
Exceptions were made for
FY2004-FY2005, and 10% in
emergency, military and law
FY2006 and thereafter, must
enforcement vehicles, among
be alternative-fuel or hybrid
other uses.
vehicles.

---

CRS-68
Provision
Current Law
Senate
House
Comments
Use of alternative fuels
Energy Policy Act of 1992
Sec. 806. Dual-fueled vehicle
Sec. 206. Federal fleets must
Under current law, there is no
[42 U.S.C. 13220]. Of the
fleets in executive branch
reduce the purchase of
specific requirement to use
vehicles purchased by federal
agencies must use alternative
“petroleum-based
alternative fuels in these
and state agencies, and
fuels 100% of the time by
nonalternative fuels” during
vehicles.
alternative fuel providers in a
Jan. 1, 2009, but the Secretary
FY2004-FY2008 by some
given year, a percentage must
of Transportation is
percentage from a baseline, as
be alternative fuel vehicles.
authorized to waive the
designated by the Secretary of
requirement to 50% of the
Energy.
time by Jan. 1, 2009, and
75% by Jan. 1, 2011. No
waivers may be extended
beyond the end of 2012.
Additional waiver authority is
provided if the alternative
fuel “is not reasonably
available” in a particular
geographic area.
Hybrid electric and
Sec. 807. Appropriations of
No comparable provision.
fuel cell vehicles
$225 million to DOE are
authorized for FY2003 to
expand R&D for advanced
technologies to improve the
cleanliness of automobiles.
Emphasis is placed on
(1) fuel cells, including high
temperature membranes for
fuel cells and fuel cell
auxiliary power systems; (2)
hydrogen storage; (3)
advanced vehicle engine and
emission control systems; (4)
advanced batteries and power
electronics for hybrid
vehicles; (5) advanced fuels;
and (6) advanced materials.

---

CRS-69
Provision
Current Law
Senate
House
Comments
Diesel fueled vehicles
No current law.
Sec. 808. DOE is required to
No comparable provision.
accelerate R&D for diesel
combustion and after
treatment technologies with
the objective of enabling
diesel technology to meet
Tier 2 emission standards not
later than 2010. [These
standards will apply to cars
and light trucks after the 2003
model year.]
Fuel cell demonstration
No current law.
Sec. 809. The Secretaries of
No comparable provision.
Energy and Defense are to
jointly carry out a program to
accelerate use of fuel cell
technology in military and
non-military uses.
Technologies developed in
the Partnership for a New
Generation of Vehicles and
Freedom Car programs are
specifically targeted.
Bus replacement
No current law.
Sec. 810. The Secretary of
No comparable provision.
Transportation is required to
carry out a study to determine
how best to replace diesel-
fueled buses with buses that
are hybrids, or buses that use
fuel cells or cleaner burning
alternative and renewable
fuels.

---

CRS-70
Provision
Current Law
Senate
House
Comments
Average fuel economy
No specific provision.
Sec. 811. The CAFE
No comparable provision.
The House legislation
standard for pickup
standard for “pickup trucks”
requires savings in the fuel
trucks
is frozen at 20.7 mpg, the
consumption of light-duty
current standard for light-duty
trucks, which embraces light
trucks.
trucks, SUVs and passenger
vans. The Senate language
would appear to require some
definition of a third category
of vehicle – “pickup trucks”
– in addition to passenger
cars and light-duty trucks.
Depending upon how pickups
are defined, the Senate
provision might not exclude
SUVs and vans from future
rulemakings to set a higher
CAFE standard.
Annual report on U.S.
No current law.
No comparable provision.
Sec. 802. National energy
The House language does not
energy independence.
plans required by the
specify whether this is
Department of Energy
dependence measured as
Organization Act (P.L. 95-91)
gross imports or net imports.
must include a section
In calendar year 2001, total
evaluating progress the
imports, expressed as a
United States has made
percentage of petroleum
toward a goal of not
products supplied, was
exceeding 50% dependence
59.3%; as an expression of
on foreign oil sources by
net imports, it was 54.3%. No
2010. The plan shall also
comparable provision was
address what legislative or
included in the Senate bill,
administrative actions are
but it was amended on the
needed to meet this goal.
floor to establish a consumer
energy commission that will
undertake a one-time study on
price spikes and how they
might be averted in the future.

---

CRS-71
Provision
Current Law
Senate
House
Comments
Exception to HOV
States may permit exemptions
Sec. 812. States are permitted
Sec. 151. States are permitted
While not codified in federal
passenger
from high occupancy (HOV)
to exempt one-passenger
to grant exceptions to HOV
law, HOV exemptions for
requirements for
restrictions for inherently low
alternative fuel vehicles from
restrictions for alternative fuel
such vehicles are already
alternative fuel vehicles
emission vehicles [23 U.S.C.
HOV restrictions.
and hybrid vehicles.
provided by some states
102(a)(2)].
because of their low
emissions.
Grants for alternative
The Transportation Equity
No provision.
Sec. 2101- 2105. A pilot
fuel vehicles
Act for the 21st Century
program is established within
(TEA-21) [23 U.S.C. 149]
the Department of Energy to
provides grant funding for the
provide grants to state and
purchase of alternative fuel
local governments, and
vehicles and infrastructure,
metropolitan transit
but does not provide funding
authorities, to aid in the
for advanced diesel vehicles.
purchase of alternative fuel
and advanced diesel vehicles,
and the infrastructure
necessary to support them.
Alternative fuel data
No provision.
Sec. 813. The Administrator
No provision.
Currently, EIA publishes
collection
of the Energy Information
annual data on fuel
Administration (EIA) is
consumption and vehicle
required to conduct a survey
purchases.
on alternative fuels and
publish monthly data on
quantities of fuel produced,
imported, and consumed, as
well as production costs,
marketing costs, and market
prices.

---

CRS-72
Provision
Current Law
Senate
House
Comments
Green school buses
The Transportation Equity
Secs. 814- 816. A pilot
Sec. 2141- 2144. Similar to
Act for the 21st Century
program is established by the
the Senate version, except
(TEA-21) [49 U.S.C.
Departments of Energy and
that the program would be
5309(m)(1)(C)] provides
Transportation to provide
administered solely by the
grant funding for research
grants to local governments
Department of Energy.
and demonstration of fuel cell
and contractors that provide
Further, the House version
buses, mainly for transit
school bus service for public
has potentially more stringent
purposes.
school systems to aid in the
requirements for emissions
purchase of alternative fuel
from eligible vehicles.
and advanced diesel buses,
and the infrastructure
necessary to support them. In
addition, Section 815
establishes a pilot program
for the development and
demonstration of fuel cell
school buses.
Biodiesel fuel use credit
Energy Policy Act of 1992
Sec. 817. Fleet operators may
Sec. 153. Credits for the
[42 U.S.C. 13220]. Of the
claim alternative fuel vehicle
purchase of biodiesel fuel
vehicles purchased by a
credits for excess purchase of
may be counted toward future
federal, state, and fuel
biodiesel fuel. Further, fleet
vehicle purchase
provider fleet in a given year,
operators may use biodiesel
requirements.
a percentage must be
fuel to meet up to 100% of
alternative fuel vehicles. Any
required purchases in a given
excess vehicle purchases may
year.
be credited toward future
years. Fleet operators may
meet up to 50% of the
requirement in a given year
by purchasing biodiesel fuel,
but the use of biodiesel fuel
does not generate credits.

---

CRS-73
Provision
Current Law
Senate
House
Comments
Neighborhood electric
The Energy Policy Act of
Sec. 818. Neighborhood
No provision.
Neighborhood electric
vehicles
1992 [42 U.S.C. 13211]
electric vehicles may be
vehicles (NEVs) are small
defines the term “alternative
treated as alternative fuel
electric vehicles that are
fuel vehicle.”
vehicles for compliance and
certified for low speeds.
tax purposes.
Secondary electric
No provision.
No provision.
Sec. 2131- 2133. A program
Sec. 625 of the Energy Policy
vehicle battery
is established for research and
Act required a DOE study of
research and
development on applications
utility applications for used
development
for used electric vehicle
electric vehicle batteries.
batteries in utility and
commercial power storage.
Credit for hybrid
Energy Policy Act of 1992
Sec. 819. Fleet operators may
No provision.
Currently, hybrid vehicles are
vehicles, dedicated
[42 U.S.C. 13258]. Of the
generate alternative fuel
not considered alternative fuel
alternative fuel vehicles
vehicles purchased by a
vehicle (AFV) credits through
vehicles because their
and infrastructure
federal, state, and fuel
the use of hybrid vehicles. In
primary fuel is gasoline.
provider fleet in a given year,
addition, fleet operators may
Credits may be used to help
a percentage must be
generate credits by helping
meet future alternative
alternative fuel vehicles.
expand AFV use in non-
vehicle purchase
covered fleets, and through
requirements.
investment in AFV
infrastructure.

---

CRS-74
Provision
Current Law
Senate
House
Comments
Renewable content of
No provision.
Sec. 820. Beginning in 2004,
Sec. 604. The EPA
The two most common
motor fuel
motor gasoline must contain a
Administrator and the
renewable fuels are ethanol
certain amount of renewable
Secretary of Energy are
and biodiesel. Currently,
fuel. In 2004, 2.3 billion
required to conduct a study
about 1.8 billion gallons of
gallons of renewable fuel
on the feasibility of requiring
ethanol and 0.1 billion gallons
must be sold annually,
a minimum quantity of
of biodiesel are consumed
increasing incrementally each
renewable fuel in motor fuel.
annually in the United States.
year to 5 billion gallons in
2012. After 2012, the
percentage of renewable fuel
in the motor fuel pool must be
constant. Ethanol from
cellulosic biomass is granted
extra credits toward fulfilling
the program’s requirements.
Further, renewable fuel
providers are exempt from
defective product liability if
they are in compliance with
the Clean Air Act.
Federal agency
No provision.
Sec. 820A. Federal agencies
No provision.
In some places, mainly in the
ethanol-blended
must purchase ethanol-
Midwest, ethanol-blended
gasoline and biodiesel
blended gasoline and
gasoline comprises the
purchasing
biodiesel for diesel blending
majority of retail gasoline.
requirement
in areas where the fuels are
generally available at a
competitive price. Certain
vehicles, such as non-road,
combat, emergency, and law
enforcement vehicles are
exempt.

---

CRS-75
Provision
Current Law
Senate
House
Comments
Loan guarantees for
No provision.
Sec. 820B. The Secretary of
Sec. 603 The Secretary of
commercial byproducts
Energy is required to
Energy is required to conduct
(including ethanol) of
establish a program to
a study on the feasibility of
municipal solid waste
provide loan guarantees for
providing loan guarantees for
the construction of facilities
such facilities.
that process and convert
municipal solid waste into
fuel ethanol and other
commercial products.
Additional Fuel Efficiency Measures
Provision
Current Law
Senate
House
Comments
Fuel efficiency of the
Executive Order 13149,
Sec. 821. Executive agencies
Sec. 204. Similar to Senate
These provisions largely
federal fleet of
issued by President Clinton
are required to increase the
provision.
codify the existing executive
automobiles
on April 21, 2000, directed
average fuel economy of their
order.
that federal agencies increase
new vehicle purchases by 1
the EPA-rated fuel economy
mile per gallon (mpg) in
of their new passenger cars
FY2002 and 3 mpg in
by at least 1 mile per gallon
FY2005, from a FY1999
(mpg) by the end of FY2002
baseline. This applies to
and at least 3 mpg by FY2005
passenger automobiles and
from a baseline of FY1999
light-duty trucks, but
acquisitions.
excludes vehicles used in
combat-related missions, law
enforcement, and emergency
rescue work.

---

CRS-76
Provision
Current Law
Senate
House
Comments
Idling reduction
No provision.
Sec. 822. The Department of
Sec. 162. The Environmental
The House and Senate
systems in heavy duty
Energy is required to study
Protection Agency is required
versions focus on
vehicles and advanced
potential fuel savings from
to determine whether existing
substantially different factors.
idle elimination systems
reducing long duration idling
air emissions models
The Senate version focuses
of heavy-duty engines. After
accurately reflect the
solely on on-board
completion of the study, the
emissions from idling heavy-
technologies to reduce fuel
Secretary may require the
duty vehicles. Further, the
consumption. The House
installation of on-board idling
Agency is required to
version focuses on stationary
reduction systems on new
determine whether emission
systems to reduce pollutant
heavy-duty vehicles.
reduction credits should be
emissions.
allotted for the installation of
idle elimination systems at
truck stops and other
locations.
Conserve by bicycling
No provision.
Sec. 823. The Secretary of
No provision.
program
Transportation is required to
establish a pilot program to
encourage the use of bicycles
in place of motor vehicles.
Fuel cell vehicle
Various programs currently
Sec. 824. The Secretary of
No provision.
program
exist to promote the research,
Energy is required to develop
development, and
a program to enable the
demonstration of fuel cells
availability of 100,000
and fuel cell vehicles.
hydrogen fuel cell vehicles by
2010, and 2.5 million vehicles
by 2020. Further, the
program should include
timetables for the
development of hydrogen fuel
infrastructure to support those
vehicles.

---

CRS-77
Federal Reformulated Fuels
Provision
Current Law
Senate
House
Comments
Short title
Not applicable.
Sec. 831. “Federal
No similar provision.
Reformulated Fuels Act of
2002.”
Leaking underground
The Solid Waste Disposal Act
Sec. 832. Funds are
Sec. 504. $200 million is
MTBE, a common additive in
storage tanks and
[42 U.S.C. 6991] provides for
authorized from the Leaking
authorized from the LUST
gasoline, has been found to
funding for mtbe
the regulation of underground
Underground Storage Tank
Trust Fund for the mitigation
contaminate underground
contamination
storage tanks, including
(LUST) Trust Fund for the
and prevention of MTBE
drinking water sources in
gasoline storage tanks.
prevention and mitigation of
contamination.
several states.
Among other provisions, the
contamination by ether fuel
act allows regulations for the
additives including methyl
detection, prevention, and
tertiary butyl ether (MTBE).
correction of releases of
The following funds are
regulated substances.
authorized for FY2003
through FY2008: $200
million for general MTBE
mitigation, $200 million for
release prevention; $2 million
for research on bedrock
remediation; $350,000 for
research on soil remediation.

---

CRS-78
Provision
Current Law
Senate
House
Comments
Authority for water
The Clean Air Act does not
Sec. 833. The EPA
No provision.
At least 14 states have already
quality protection from
give the Environmental
Administrator may control or
passed laws to ban or limit
fuels
Protection Agency (EPA) the
prohibit the sale of fuel or
the use of MTBE.
authority to regulate fuels to
fuel additives that may harm
prevent water contamination.
water quality. Four years
after the date of enactment,
the use of MTBE in gasoline
is banned. Individual states
may authorize the use of
MTBE after notifying EPA.
Funding is authorized for
grants to MTBE merchant
producers to convert to the
production of other gasoline
additives.
Elimination of oxygen
The Clean Air Act
Sec. 834. The Clean Air Act
No provision.
content requirement
Amendments of 1990 [42
is amended to eliminate the
for reformulated
U.S.C. 7545(k)] require the
minimum oxygen
gasoline
use of Reformulated Gasoline
requirement. Further, EPA
(RFG) in certain ozone
must promulgate regulations
nonattainment areas. RFG
to maintain current toxic air
areas must meet more
pollutant reductions. In
stringent standards for
addition, standards for
various pollutants than
Northern and Southern RFG
conventional gasoline areas.
areas are consolidated so that
RFG is also required to
all areas are held to the more
contain a minimum level of
stringent southern standard
oxygen. In addition,
Southern RFG areas face
more stringent standards than
Northern areas.

---

CRS-79
Provision
Current Law
Senate
House
Comments
Public health and
Under the Clean Air Act
Sec. 835. The EPA
No provision.
environmental impacts
Amendments of 1990 [42
Administrator must study the
of fuels and fuel
U.S.C. 7545(b)], the EPA
health and environmental
additives
Administrator may require
effects of fuels and fuel
manufacturers to conduct
additives. Manufacturers are
tests on the health effects of
also required to conduct tests
fuels and fuel additives.
on health and environmental
effects.
Analyses of motor
No provision.
Sec. 836. The EPA
No provision.
vehicle fuel changes
Administrator must publish
an analysis of the changes in
emissions and air quality
resulting from the
implementation of Subtitle C.
Additional opt-in areas
Under the Clean Air Act
Sec. 837. Areas in
No provision.
The ozone transport region
under reformulated
Amendments of 1990 [42
compliance with ozone
covers areas from the
gasoline program
U.S.C. 7545(k)], areas in
standards (that are within the
Washington, D.C.
severe or extreme
ozone transport region) may
Metropolitan Statistical Area
nonattainment of ozone
also opt-in to the federal RFG
to Maine.
standards are required to use
program, unless there is
RFG. Other nonattainment
insufficient supply of RFG.
areas with less severe
problems may opt-in to the
RFG program.

---

CRS-80
Provision
Current Law
Senate
House
Comments
Modifications to
Regulations promulgated
No provision.
Sec. 501- 502. EPA is
reformulated gasoline
under the RFG program set
required to determine whether
requirements
certain accounting,
these requirements should be
documentation, and
modified. Specifically, EPA
compliance requirements
must study whether changes
concerning the draining of
could improve the cost and
gasoline storage tanks and the
availability of RFG. Any
distribution of RFG blending
modifications to the RFG
components [40 CFR 80.78
program must be
and 80.102].
implemented 60 days before
the beginning of the high
ozone season (summer).
Federal enforcement of
Under the Clean Air Act
Sec. 838. If a state requests,
No provision.
state fuels
Amendments of 1990 [42
EPA may enforce fuel
requirements
U.S.C. 7545(k)], states with
requirements set in a state’s
less-severe ozone
SIP.
nonattainment areas (that do
not opt-in to the RFG
program) may set their own
fuel standards as part of State
Implementation Plan (SIP)
for ozone.

---

CRS-81
Provision
Current Law
Senate
House
Comments
Fuel system
Fuel standards vary.
Sec. 839. The EPA
Sec. 503. Substantially similar
Because of various federal
requirements
Administrator and the
to the Senate provision.
and state standards, as well as
harmonization study
Secretary of Energy are
However, the House version
local refining and marketing
and boutique fuels
required to conduct a study of
would require publication of a
decisions, refiners may face
all federal, state, and local
report by the end of this year.
several different fuel
environmental requirements
standards in a state. These
for motor fuels. They are
various fuel formulations
required to analyze the effects
have the potential to
of the various standards on
contribute to supply
consumer prices, fuel
disruptions and price
availability, domestic
instability.
suppliers, air quality and
vehicle emissions. Further,
they are required to study the
feasibility of developing
national or regional fuel
standards. A report must be
published by June, 2006.
Review of federal
Executive Order 13149,
Sec. 840. The Administrator
No provision.
Most federal AFVs are dual-
procurement initiatives
issued by President Clinton
of the General Services
fuel vehicles (capable of
relating to use of
on April 21, 2000, directed
Administration must submit a
being fueled by either an
recycled products and
that federal agencies increase
report to Congress on efforts
alternative or conventional
fleet and
the EPA-rated fuel economy
by federal agencies to
fuel), and most of these are
transportation
of passenger cars and to fuel
purchase recycled products,
fueled with gasoline as
efficiency
alternative fuel vehicles
purchase AFVs and fuels, and
opposed to alternative fuels.
(AFV) with alternative fuels a
improve federal vehicle fleet
majority of the time.
efficiency.
Executive Order 13101,
issued by President Clinton
on September 14, 1998,
directed federal agencies to
increase their use of recycled
products.

---

CRS-82
Provision
Current Law
Senate
House
Comments
Mobile to stationary
No provision.
No provision.
Sec. 154. The Environmental
source trading
Protection Agency (EPA) is
required to study whether
allowing mobile and
stationary sources to trade
emissions credits under the
Clean Air Act would provide
additional flexibility in
achieving and maintaining air
quality standards.
Energy Efficiency and Assistance to Low Income Consumers
Low Income Assistance and State Energy Programs
Provision
Current Law
Senate
House
Comments
Energy conservation
Funding authorizations have
No provision.
Sec. 101. Funding is
programs
expired.
authorized for DOE Energy
reauthorization
Efficiency R&D programs
under the Interior
Appropriations bill through
FY2006.

---

CRS-83
Provision
Current Law
Senate
House
Comments
LIHEAP,
Department of Health and
Sec. 901. Increased funding is
Funding authorizations for
The bills are nearly identical.
weatherization, and
Human Services funding for
authorized for LIHEAP and
LIHEAP (Sec. 134) and
The House bill also requires a
state energy funding
the Low-Income Home
Weatherization grant
Weatherization (Sec. 133)
GAO study of LIHEAP.
Energy Assistance Program
programs for FY2003
grant programs are set for
(LIHEAP) is currently
through FY2005.
FY2003 through FY2005.
authorized through FY2003
in the Human Services
Authorization Act of 1998.
DOE Weatherization Program
funding is authorized through
FY2003 under 42 U.S.C.
6872. The DOE State
Energy Program funding is
authorized through FY2003
under 42 U.S.C. 6322.
State energy programs
Authorization expired.
Sec. 902. Increased funding is
Sec. 131. The House
authorized for FY2003
provisions are nearly identical
through FY2005 for the DOE
to those in the Senate bill.
State Energy grant programs.
Also, new requirements are
set for state energy
conservation goals and plans.
Energy efficient
Sec. 397 of the Energy Policy
Sec. 903. DOE is directed to
Sec. 132. The funding
The House provision in Sec.
schools
and Conservation Act (EPCA,
create a High Performance
authorization for the DOE
135 appears similar to, but
P.L. 94-163) authorizes
Schools Program, a grant
schools and hospitals
broader than, the Senate
funding for the DOE schools
program for using energy-
program is extended through
provision.
and hospitals program
efficient measures in the
2010. Sec. 135 creates a
through FY2003.
renovation and construction
High Performance Public
of schools.
Buildings Program, a grant
program for energy-efficient
renovation and construction
of local government
buildings.

---

CRS-84
Provision
Current Law
Senate
House
Comments
Low income
No existing program.
Sec. 904. A pilot energy-
No provision.
community energy
efficiency program is created
efficiency pilot
for community development
program
corporations and Native
American economic
development entities.
Energy efficient
No existing program.
Sec. 905. DOE is required to
The House bill does not have
appliance rebate
fund rebate programs in
a rebate provision, but
programs
eligible states to support
Sec.3107 provides a tax credit
residential end-user purchases
to producers for certain
of Energy Star products.
energy efficient residential
appliances.
Federal Energy Efficiency
Provision
Current Law
Senate
House
Comments
Energy management
Section 202 of Executive
Sec. 911. The baseline is
Sec. 121b. The 1985 baseline
The two bills are fairly close
requirements
Order 13123 employs 1985 as
updated from 1985 to 2000
is kept and a goal of 45%
in the goal set for 2011.
the baseline for measuring
and a new goal of 20%
reduction is set for 2020.
federal building energy
reduction is set for 2011. At
efficiency improvements and
that time, DOE is directed to
calls for a 35% reduction in
assess progress and set a new
energy use per gross square
goal for 2021.
foot by 2010.
Energy use
No existing requirement.
Sec. 912. Federal buildings
Sec. 121f and 126. The
measurement and
are required to be metered or
provision is nearly identical
accountability
sub-metered by late 2004, to
to that in the Senate bill.
help reduce energy costs and
promote energy savings.

---

CRS-85
Provision
Current Law
Senate
House
Comments
Advanced building
New program.
No provision.
Sec. 125. DOE is required to
efficiency testbed
create a program to develop,
test, and demonstrate
advanced federal and private
building efficiency
technologies.
Federal building
Mandatory energy efficiency
Sec. 913. DOE is directed to
No provision.
performance standards
performance standards for
set revised energy efficiency
federal buildings are set in
standards for new federal
Section 305(a) of P.L. 94-385
buildings.
(ECPA) and implemented
through 10 CFR Part 435.
Procurement of energy
Section 403 of Executive
Sec. 914. Statutory authority
Sec. 121e. A similar
efficient products
Order 13123 directs federal
is created that requires federal
requirement is set in the
agencies to purchase life-
agencies to purchase Energy
House bill. Also, Sec.124
cycle cost-effective Energy
Star or energy efficient
requires federal agencies to
Star products.
products designated by the
acquire efficient (SEER 12)
Federal Energy Management
air conditioners and heat
Program (FEMP).
pumps.
Repeal of energy
Section 801(c) of the National
Sec. 915. Federal agencies are
Sec. 122. A similar extension
savings performance
Energy Conservation Policy
empowered to continue using
is set out in the House bill.
contract (ESPC) sunset
Act (NECPA, P.L. 95-619)
energy savings performance
provides for federal use of
contracts indefinitely.
energy savings performance
contracts through the end of
FY2002.
Energy savings
Section 804(2) of NECPA
Sec. 916. The definition of
Sec. 122. Similar definitions
performance contract
provides definitions for
energy savings is expanded to
are set out in the House bill.
definitions
ESPCs.
include a reduction in water
costs.

---

CRS-86
Provision
Current Law
Senate
House
Comments
Review of energy
No existing requirement.
Sec. 917. DOE is required to
Sec. 127. The same provision
savings performance
report to Congress on barriers
is set out in the House bill.
contract program
to the ESPC program and
ways to improve its
effectiveness.
Utility incentive
Section 546(c) of NAECA
No provision.
Sec. 123. The current law is
programs
authorizes and encourages
amended to allow agencies to
federal agencies to participate
form contracts for energy
in utility incentive programs
efficiency services under
to increase energy efficiency
utility programs.
and water conservation.
Federal energy bank
No existing requirement.
Sec. 918. A fund is
No related provision.
established in the U.S.
Treasury that can be used for
loans to federal agencies for
energy and/or water
efficiency.
Energy and water
Section 310 of the Legislative
Sec. 919. The Architect of the
Sec. 128. Funding is
saving measures in
Branch Appropriations Act of
Capitol is required to plan
authorized to support a
congressional buildings
1999 called for the Architect
and implement an energy and
requirement that the AOC
of the Capitol (AOC) to
water conservation strategy
study the potential for
develop an energy efficiency
for congressional buildings
renewable energy and other
plan for congressional
that is consistent with that
sources to make the Capitol
buildings.
required of other federal
complex more secure from
buildings. No funding
power shortages.
authorization specified.
Increased use of
No provision.
Sec. 920. Requires federally
No related provision.
recovered material in
funded projects to increase
federally funded
the procurement of cement
projects involving
and concrete that uses
procurement of cement
recovered material.
or concrete

---

CRS-87
Industrial Efficiency and Consumer Products
Provision
Current Law
Senate
House
Comments
Voluntary
While there is no current
Sec. 921. DOE is authorized
No provision.
commitments to reduce
statutory authority, programs
to form voluntary agreements
industrial energy
have been in place, such as
with industry sectors or
intensity
the former Climate Wise
companies to reduce energy
program at EPA.
use per unit of production by
2.5% per year.
Authority to set
Current law has standards for
Sec. 922. DOE is authorized
No provision.
standards for
residential appliances, but not
to set energy efficiency
commercial products
for commercial equipment.
standards for commercial
appliances and products.
Additional definitions
Energy terms are defined in
Sec. 923. Terms are defined
Sec. 124d. Definitions for
various statutes.
for provisions in the
several energy efficiency
following sections.
terms are updated.
Additional test
No existing requirement.
Sec. 924. Test procedures are
Sec. 143. DOE is directed to
procedures
prescribed for exit signs,
set test procedures, standards,
traffic signals, and
and labels for residential
transformers, and DOE is
furnace fans, residential
directed to set procedures for
central air conditioner fans,
ceiling fans, vending
heat pump circulation fans,
machines, and commercial
suspended ceiling fans, and
refrigerators.
refrigerated bottled or canned
beverage vending machines.

---

CRS-88
Provision
Current Law
Senate
House
Comments
Energy labeling
Section 324(a) of the Energy
Sec. 925. FTC is required to
Sec. 142. DOE is required to
Policy and Conservation Act
issue a rule that addresses
recommend labeling for non-
(P.L. 94-163) directed the
changes to improve the
covered products to FTC.
Federal Trade Commission
effectiveness of energy labels.
FTC is required to issue a rule
(FTC) to issue a rule for
Also, DOE is directed to
on the feasibility of labeling
energy efficiency labels on
prescribe labeling
non-covered products and the
consumer products (42 U.S.C.
requirements for products
effectiveness of the current
6294).
added by this title of the bill.
labeling program.
Energy Star Program
No existing statutory
Sec. 926. DOE and EPA are
Sec. 141. The statutory
authority.
given statutory authority for
authority is the same, except
the Energy Star program.
that DOE and EPA are also
directed to determine whether
certain products and buildings
should be included under the
authority.
Energy conservation
Section 546(c) of NECPA, as
Sec. 927. DOE is directed to
No provision.
A DOE rulemaking late in the
standards for central
implemented by 10 CFR, sets
amend the standard within 60
Clinton Administration set the
air conditioners and
a seasonal energy efficiency
days after enactment.
standard to a SEER of 13.
heat pumps
ratio (SEER) standard of 10
Early in the Bush
for central air conditioners
Administration a new DOE
and heat pumps.
rulemaking rescinded the
previous one and proposed a
SEER of 12.
Energy conservation
No existing requirement for
Sec. 928. DOE is directed to
Sec. 143. DOE is required to
standards for
additional products and
issue a rule that determines
set energy efficiency
additional consumer
standby mode.
whether an energy efficiency
standards for the standby
and commercial
standard needs to be set for
mode of households
products and standby
the standby operating mode
appliances, excluding certain
mode
of certain appliances.
digital devices and certain
other equipment subject to
other standards.

---

CRS-89
Provision
Current Law
Senate
House
Comments
Consumer education
No provision.
Sec. 929. A public education
Sec. 143c. DOE is required to
on energy efficiency
program is authorized that
implement a public education
benefits of air
would address the energy-
program about the energy
conditioning, heating,
saving benefits of improved
saving benefits of improved
and ventilation
maintenance for certain
maintenance of equipment.
maintenance
equipment. Also, the Small
Business Administration is
directed to assist small
businesses in becoming more
energy efficient.
Study of energy
No provision.
Sec. 930. DOE is directed to
No provision.
efficiency standards
have NAS study how the
effectiveness of standards
may be influenced by
measures that focus either on
energy end-use or on the full
fuel cycle.
Housing Efficiency
Provision
Current Law
Senate
House
Comments
Capacity building for
No provisions for energy
Sec. 931. Activities are
Sec. 4101. The House bill
energy efficient,
efficient housing in HUD
required that provide energy
provision is the same as that
affordable housing
Demonstration Act (42
efficient affordable housing
in the Senate bill.
U.S.C. 9816).
and other residential measures
under the HUD
Demonstration Act.

---

CRS-90
Provision
Current Law
Senate
House
Comments
Increase of CDBG
Section 105(a)(8) of the
Sec. 932. The amount of
Sec. 4102. The House bill
public services cap for
Housing and Community
assistance for providng public
provision is the same as that
energy conservation
Development Act of 1974
services involving energy
in the Senate bill.
and efficiency activities
allows a percentage of
efficiency is increased by
community development
10%.
block grant (CDBG) public
service funding to be used for
energy efficiency.
Federal Housing
Section 203(b)(2) of the
Sec. 933. The amount of
Sec. 4103. The House bill
Administration
National Housing Act allows
property value that can be
provision is the same as that
mortgage insurance
solar energy equipment to
covered by mortgage
in the Senate bill.
incentives for energy
increase the amount of
insurance due to solar energy
efficient housing
property value that can be
equipment. is increased from
covered by mortgage
20% to 30%.
insurance by up to 20%.
Public housing capital
No provision for energy and
Sec. 934. The Public Housing
Sec. 4104. The House bill
fund
water efficiency
Capital Fund is modified to
provision is the same as that
improvements (42 U.S.C.
include certain energy and
in the Senate bill.
1437).
water use efficiency
improvements.
Grants for energy-
No provision for energy and
Sec. 935. HUD is directed to
Sec. 4105. The House bill
conserving
water efficiency
provide grants for certain
provision is the same as that
improvements for
improvements (42 U.S.C.
energy and water efficiency
in the Senate bill.
assisted housing
8231).
improvements to multifamily
housing projects.
North American
No existing requirement.
Sec. 936. The North
Sec. 4106. The House bill
Development Bank
American Development Bank
provision is the same as that
is encouraged to finance
in the Senate bill.
energy efficiency projects.

---

CRS-91
Provision
Current Law
Senate
House
Comments
Capital fund
No existing provision for
Sec. 937. Activities of the
No provision.
proposed energy projects (42
Housing Act Capital Fund are
U.S.C. 1437).
expanded to include broader
authorization for energy
efficiency projects.
Energy-efficient
No existing requirement.
Sec. 938. Public housing
No provision.
appliances
agencies are required to
purchase cost-effective
Energy Star appliances.
Energy-efficient
The federal government
Sec. 939. The energy
No provision.
standards
encourages states to use
efficiency standards and
energy efficiency standards
codes are changed from
for public and assisted
CABO to the 2000
housing, and Model
International Energy
Efficiency codes, that are set
Conservation Code.
by the Council of American
Building Officials (CABO)
(42 U.S.C. 12709).
Energy strategy for the
No existing requirement.
Sec. 940. HUD is required to
No provision.
Department of Housing
implement an energy
and Urban
efficiency strategy to reduce
Development (HUD)
utility expenses in public and
assisted housing. Also, HUD
is directed to create an Office
of Energy Management to
implement the strategy and
report on it to Congress.

---

CRS-92
Rural and Remote Communities
Provision
Current Law
Senate
House
Comments
Rural and Remote
No current law.
Secs. 941-950. In general,
No comparable provision.
Community Fairness
the purpose of this title is to
Act
develop and maintain “viable
rural and remote communities
through the provision of ...
reasonably priced and
environmentally sound
energy, ...
telecommunications and
utility services to those
communities that do not have
these services or who
currently bear costs ...
significantly above the
national average.” [Sec. 942]
Among other programs, the
“Rural and Remote
Community Fairness Act”
authorizes and appropriates
$20 million for 7 fiscal years
to provide grants to rural and
remote communities for
purposes of “increasing
energy efficiency, siting or
upgrading transmission and
distribution lines, or
providing or modernizing
electric facilities.” [Sec. 948]

---

CRS-93
National Climate Change Policy
Sense of Congress
Provision
Current Law
Senate
House
Comments
Sense of Congress on
No provision.
Sec. 1001. Growing evidence
No provision.
global warming
is found that increases in
greenhouse gas
concentrations are
contributing to global climate
change, and it is the Sense of
the Congress that the United
States should demonstrate
international leadership and
responsibility in mitigating
the health, environmental,
and economic threats posed
by global warming. and
assess the Federal
Government’s
implementation of it.
Climate Change Strategy
Provision
Current Law
Senate
House
Comments
Definitions
No provision.
Sec. 1012. Critical terms used
No provisions.
No specific targets or time
in the title are defined,
frames for greenhouse gas
including “climate-friendly
reduction are mentioned.
technology” and
“stabilization of greenhouse
gas concentrations.”

---

CRS-94
Provision
Current Law
Senate
House
Comments
National climate
Sec. 1602(a) of the 1992
Sec. 1013. The President,
No provision.
This title sets up new
change strategy
Energy Policy Act states that
through a new Office of
institutions and institutional
“The ... National Energy
National Climate Change
arrangements to study global
Policy Plan ... shall include a
Policy (ONCCP) in the
climate change, its
... strategy ... designed to
Executive Office of the
implications, and possible
achieve ... the stabilization
President (EOP), is to develop
responses. It does not state
and eventual reduction in the
a National Climate Change
that its goal is compliance
generation of greenhouse
Strategy (NCCS) based on
with the UNFCCC
gases....”
parameters identified in the
commitment the U.S. made
Title. The ONCCP is directed
under article 4, 2(b) when it
Article 4, 2(b) of the ratified.
to develop the NCCS with the
ratified the UNFCCC in 1992.
United Nations Framework
long-term goal of
Convention on Climate
stabilization of greenhouse
Change (UNFCCC) states:
gas concentrations. The
“Parties [developed countries]
NCCS is to encompass four
shall communicate ...
key elements – (1) emissions
information on its policies
mitigation measures; (2)
and measures ... with the aim
technology innovation; (3)
of returning individually or
climate adaptation research;
jointly to their 1990 levels ...
and (4) expanded efforts to
anthropogenic emissions of
resolve remaining scientific
carbon dioxide and other
and economic uncertainty.
greenhouse gases.”
The ONCCP is to develop the
NCCS consistent with various
national goals and with
meaningful public and
interest group participation.
The NCCS is to be updated
every four years, and progress
reports are to be sent by the
President to Congress
annually. It is to be reviewed
by the National Academy of
Sciences.

---

CRS-95
Provision
Current Law
Senate
House
Comments
Office of National
New program office.
Sec. 1014. The ONCCP is
No provision.
New office established within
Climate Change Policy
established within the EOP.
the Executive Office of the
ONCCP is to focus on
President to coordinate
achieving the long-term goal
climate change policy.
of stabilizing greenhouse gas
concentrations while
minimizing adverse short-
term and long-term economic
and social effects. Duties
including establishing
priorities for the CCRS;
establishing the Interagency
Task Force; ensuring the
objective nature of the CCRS;
and advising the President on
federal implementation of
climate change activities.
Among the duties of the
Director are to advise the
President on the multiple
impacts of government
programs, tax, trade, and
foreign policies on achieving
the CCRS, and to prepare an
annual report for the
President to submit to the
Congress under Sec. 1013.
The Interagency Task Force
shall serve as the primary
forum through which federal
agencies assist the ONCCP in
developing and updating the
CCRS, and assist the Director
of the ONCCP in preparing
its annual report to Congress.

---

CRS-96
Provision
Current Law
Senate
House
Comments
Office of Climate
New program office and/or
Sec. 1015. The Office of
Sec. 2171-2178. The Climate
Both bills authorize cost-
Change Technology
funding.
Climate Change Technology
Change Protection Programs
sharing programs with the
(OCCT) is established within
in EPA’s Office of Air and
private sector, but with
EPA/OAR
DOE. Responsibilities
Radiation receive a 3-year
different lead agencies, and
authorization of
include managing an energy
authorization totaling $380.4
restrictions on what can be
appropriations
technology R&D program
million to fund research and
funded.
that focuses on high-risk,
development, and
breakthrough technologies
demonstration and
that promise to mitigate
commercialization projects on
and/or sequester emissions of
a cost-shared basis with non-
greenhouse gases. In
federal entities. Non-federal
addition, OCCT is to support
sources would be responsible
development of the NCCS
for 20% of the costs for a
and the activities of the
research and development
Interagency Task Force
project and 50% of the cost
through provision of staff,
for a demonstration and
data, and analytical tools. The
commercial application.
OCCT is to maintain core
Funding is restricted to
analytical capabilities and
technologies or processes that
other expertise in support of
can be reasonably expected to
the NCCS. It is required to
yield new, measurable
submit to Congress and the
benefits to the cost,
ONCCP an annual report on
efficiency, or performance of
its progress in meeting the
the technology or process.
goal of the energy technology
research and development
program. In addition, the
OCCT is to design and
manage an international
carbon dioxide sequestration
monitoring and data
collection program. The
object is to determine the
appropriateness of various
sequestration mechanisms.

---

CRS-97
Provision
Current Law
Senate
House
Comments
Additional offices and
No specific provisions.
Sec. 1016. Other federal
No provision.
activities
agencies may establish
appropriate offices as
necessary to carry out the
provisions of this Act.
Science and Technology Policy
Provision
Current Law
Senate
House
Comments
Global climate change
New priority goal.
Sec. 1021. Section 101(b) of
No provision.
in the Office of Science
the National Science and
and Technology Policy
Technology Policy,
Organization, and Priorities
Act of 1976 is amended to
include under the Office of
Science and Technology
Policy (OSTP) the priority
goal of “improving efforts to
understand, assess, predict,
mitigate and respond to
global climate change.”
Director of Office of
New responsibility.
Sec. 1022. OSTP is to advise
No provision.
Science and
the Director of ONCCP on
Technology Policy
science and technology
functions
matters as they relate to
climate change.

---

CRS-98
Miscellaneous Provisions
Provision
Current Law
Senate
House
Comments
Additional information
New requirement.
Sec. 1031. Agencies are
No provision.
for regulatory review
required to include in any
Statement of Energy Effects
pursuant to Executive Order
13211 an estimate of the net
change in greenhouse gas
emissions resulting from the
proposed federal action, and
which policies or measures
will be undertaken to mitigate
or offset the increased
emissions.
Greenhouse gas
New requirement.
Sec. 1032. Four federal
No provision.
emissions from federal
agencies are required to
facilities
develop a methodology for
estimating greenhouse gas
emissions from all federally
owned, leased, or operated
facilities, including mobile
sources. An emissions
estimate is required within 18
months of enactment.

---

CRS-99
National Greenhouse Gas Database
Provision
Current Law
Senate
House
Comments
Purpose
A voluntary greenhouse
Sec. 1101. Purpose is to
No provision.
reduction accounting system
establish a reliable and
exists under Sec. 1605(b) of
accurate greenhouse gas
the 1992 Energy Policy Act.
inventory, reductions registry,
and information system.
A mandatory greenhouse
reporting system for
powerplants is required under
Sec. 821 of the 1990 Clean
Air Act Amendments.
Definitions
New Program.
Sec. 1102. Terms for Title XI
No provision.
are defined. Six gases are
explicitly included in the
definition of greenhouse
gases: carbon dioxide,
methane, nitrous oxide,
hydrofluorocarbons,
perfluorocarbons, and sulfur
hexafluoride. Others may be
added to the list.

---

CRS-100
Provision
Current Law
Senate
House
Comments
Establishment of
New Program.
Sec. 1103. Specifies duties for
No provision
memorandum of
the Department of Energy,
agreement
Department of Commerce,
Environmental Protection
Agency, and Department of
Agriculture with respect to
the database. The Director of
ONCCP shall facilitate a
memorandum of agreement
among the agencies to
develop and operate the
database.
National Greenhouse
New Program
Sec. 1104. The National
No provision.
Gas Database
Greenhouse Gas Database is
established to collect, verify,
and analyze information on
greenhouse gas emissions and
reductions by entities in the
United States. The
comprehensive system is to
maximize completeness while
minimizing costs to
participants. Reductions
recorded may be applied to
any future control program.

---

CRS-101
Provision
Current Law
Senate
House
Comments
Greenhouse gas
Voluntary greenhouse gas
Sec. 1105. All participating
No provision.
Reportable reductions include
reduction reporting
reductions are currently
entities must establish a
verifiable reductions reported
reported under Sec. 1605(b)
baseline on an entity-wide
under Sec. 1605(b) of
of the 1992 Energy Policy
basis (except for sequestration
EPACT.
Act.
projects), and report annually
to the appropriate agency
their direct and indirect
greenhouse gas emissions
beginning the April 1 of the
third calendar year after
enactment. Entities may
choose to report verified
reductions achieved before
the above date.
Measurement and
New requirements.
Sec. 1106. The four
No provision.
verification
designated agencies shall
jointly develop
comprehensive measurement
and verification methods to
ensure the registry is an
accurate record of greenhouse
gas emissions, reductions,
sequestrations, and
atmospheric concentrations.
Independent reviews
New requirements.
Sec. 1107. Database efficacy
No provision.

and operation shall be
reviewed by the General
Accounting Office every
three years. The scientific
underpinning of the database
shall be reviewed by the
National Academy of
Sciences every four years.

---

CRS-102
Provision
Current Law
Senate
House
Comments
Review of participation
New requirements.
Sec. 1108. Within five years
No provision.
of enactment, if participation
in the registry involves less
than 60% of aggregate
greenhouse emissions,
participation by all entities
shall be mandatory.
Enforcement
New requirements.
Sec. 1109. Failure of any
No provision.
participating entity to report
emissions under section 1108
is subject to civil action in
federal court and civil
penalties of up to $25,000 per
day of non-compliance.
Report on statutory
New requirements.
Sec. 1110. The President
No provision.
changes and
shall submit to Congress
harmonization
within three years of
enactment a report describing
any necessary changes in law
necessary to improve the
accuracy or operation of the
database or the Title.
Authorization of
No provision.
Sec. 1111. There are
No provision.

appropriations
authorized to be appropriated
such sums as necessary to
carry out this Title.

---

CRS-103
Energy Research and Development Programs
Provision
Current Law
Senate
House
Comments
Energy research and
R&D programs are currently
Sec. 1201-1204. A DOE
Sec. 2001-2007. DOE is
The Senate bill is broader
development programs
funded, but there are no
energy R&D and deployment
urged to conduct an R&D and
than the House bill and it also
existing goals for reducing
program is charged with the
commercial application
sets goals for energy
energy intensity, curbing
goals of reducing energy
programs for energy
efficiency.
energy use, and cutting
intensity by 1.9% annually
efficiency, renewable energy,
carbon dioxide emissions.
through 2020, reducing total
nuclear energy, fossil energy,
energy use by 8 quadrillion
and science. Also, Sec. 2461
Btu by 2020, and reducing
authorizes DOE RD&D
carbon dioxide by 166
funding of fuel cell
million metric tons by 2020.
technologies, with special
focus on improving
manufacturing production
processes.
Energy Efficiency
Provision
Current Law
Senate
House
Comments
Enhanced energy
Funding is in place for DOE
Sec. 1211. Numerous goals
Sec. 2161. Funding for the
efficiency research and
energy efficiency programs,
are set for the DOE energy
DOE energy efficiency
development
and many performance goals
efficiency programs. Also,
programs is authorized for
are set out in the FY2003
funding for the programs is
FY2003 through FY2004.
budget request.
authorized for FY2003
through FY2006.

---

CRS-104
Provision
Current Law
Senate
House
Comments
National building
No existing requirement.
No provision.
Sec. 2181. An interagency
performance initiative
group is established to
address energy efficiency
R&D for buildings. The
National Institute for
Standards and Technology is
directed to provide
administrative support.
Energy efficiency
Though there is no statutory
Sec. 1212. Statutory authority
Sec. 2161. Funding appears to
science initiative
authority, congressional
is provided for the program
be authorized as part of a
initiatives have repeatedly
and funding up to $50 million
blanket authorization for
funded this DOE program for
annually is authorized
DOE energy efficiency
several years. It is
indefinitely. Also, DOE is
programs.
administered jointly by the
directed to prepare an annual
Office of Energy Efficiency
report on the program.
and Renewable Energy and
the Office of Science.
Next generation
No existing requirement.
Sec. 1213. A DOE program is
Sec. 2151-2155. An R&D
lighting initiative
created that aims to develop,
grant program is established
by 2011, advanced white
at DOE for advanced lighting
light-emitting diodes for high
technologies focused on
energy efficiency in lighting.
white light-emitting diodes.
Efficient railroad
No provision.
Sec. 1214. A public-private
Sec. 152. Similar to the
engine development
research partnership is
Senate provision, except that
and demonstration
established for the
safety and cost are not criteria
development and
for the program. $90 million
demonstration of locomotive
total is authorized to be
engines that increase fuel
appropriated between
economy, reduce emissions,
FY2002 and FY2004.
improve safety, and lower
costs. $130 million total is
authorized to be appropriated
for FY2003 and FY2004.

---

CRS-105
Provision
Current Law
Senate
House
Comments
High power density
No specific provision.
Sec. 1215. DOE must create
Sec. 2124. Nearly identical to
industry program
an RD&D program to
Senate provision.
improve energy efficiency
and load management of data
centers, server farms, and
other high power density
facilities.
Precious metal
No specific provision.
Sec. 1216. The Secretary of
No provision.
Platinum, palladium and
catalysis
Energy may conduct research
rhodium are the three major
in the use of precious metals
precious metals currently
other than platinum,
used in the in automotive
palladium and rhodium for
catalytic converters.
use in automotive catalytic
converters.
Renewable Energy
Provision
Current Law
Senate
House
Comments
Enhanced renewable
No provision.
Sec. 1221. The Secretary of
No comparable provision.
energy research and
the Energy is required to
development
conduct research,
development, demonstration,
and deployment projects on
renewable energy, including
wind, solar, biomass, and
geothermal energy. Special
projects include improving
electricity delivery to rural
and remote areas. A total of
$2.51 billion is authorized for
FY2003 through FY2006.

---

CRS-106
Provision
Current Law
Senate
House
Comments
Distributed power
No specific provision.
Sec. 1221 (b)(9)(H). DOE is
Sec. 2121- 2128. DOE is
hybrid energy systems
directed to conduct R,D&D
required to develop a strategy
and deployment in
and research program for
partnership with industry to
combinations of two or more
develop hybrid distributed
distributed power sources
energy systems that combine
(microturbines, fuel cells,
two or more distributed or on-
renewable energy equipment)
site generation technologies.
that will jointly improve the
Further, Section 1221 (c)(2)
overall reliability, efficiency,
calls for DOE demonstration
and environmental integrity
projects that combine wind
these technologies. DOE is
power and coal gasification
charged with creating a grant
technologies. Also, Sec. 1235
program to develop micro-
directs DOE to conduct
cogeneration equipment,
R,D&D on distributed energy
including applications for
systems, including hybrids.
residential uses. DOE is
directed to work with certain
private sector standards
organizations to develop
voluntary consensus standard
for distributed energy
systems.

---

CRS-107
Provision
Current Law
Senate
House
Comments
Bioenergy programs
No provision.
Sec. 1222. The Secretary of
Secs. 2221-2225. The
Energy is required to conduct
Department of Energy is
research, development,
authorized to conduct
demonstration, and
research, development,
deployment projects on
demonstration, and
bioenergy, including
commercialization projects on
biopower (electricity and
bioenergy. For FY2002
process heat generation) and
through FY2006, a total of
biofuels (liquid fuels, gaseous
$307 million is authorized for
fuels, and industrial
biopower research, and $361
chemicals). For FY2003
million for biofuels research.
through FY2006, a total of
$295 million is authorized for
biopower research, and $281
million for biofuels research.
Hydrogen research and
The Spark M. Matsunaga
Sec. 1223. The Act is
Secs. 2201-2211. The Act is
development
Hydrogen Research,
amended to expand and
amended to extend the
Development, and
extend authorization for
authorization and promote the
Demonstration Act [42
hydrogen research. Research
demonstration of hydrogen as
U.S.C. 12401 et. seq.]
would expand to include the
a fuel for industrial,
provides for research on
integration of fuel cells and
commercial, residential,
hydrogen fuel.
hydrogen production systems.
transportation, and utility
A total of $290 million is
applications. For FY2002
authorized for FY2003
through FY2006, $250
through FY2006.
million is authorized for
research and development
projects, and $150 million for
demonstration projects.

---

CRS-108
Provision
Current Law
Senate
House
Comments
Renewable and electric
General DOE authority.
Various renewable energy
Sec. 2261. Funding is
energy R&D
R&D sections include
authorized for renewable
authorization
authorizations.
energy program operation and
maintenance. Funds may not
be used for Departmental
Energy Management or
Renewable Indian Energy
Resources. A new
collaborative research
program between DOE and
other federal agencies on
wave-powered electric
generation is established. The
Secretary of Energy is
directed to assess the state of
renewable energy resources
in the United States and issue
a report within a year of
enactment.

---

CRS-109
Fossil Energy
Provision
Current Law
Senate
House
Comments
Coal and related
Coal research is mentioned in
Sec. 1231. DOE shall conduct
Sec. 2401. Funding is
technologies
various statutes and
a balanced fossil energy
authorized for R&D programs
appropriated through the
research, development,
on coal and related
Interior and Related Agencies
demonstration, and
technologies.
bill.
technology deployment
program. The program focus
includes reducing emissions
from fossil fuels, developing
offshore resources, and
enhancing domestic supply
and technology for
independent producers.
Oil and gas R&D
Research and development
Sec. 1231. The DOE fossil
Secs. 2421-2424. Funding is
funding for oil and gas
energy program shall include
authorized for DOE oil and
programs is appropriated
oil and gas R&D.
gas research and
through the Interior and
development, and the Interior
Related Agencies bill.
Department must submit a
report to Congress assessing
oil and gas reserves in the
Gulf of Mexico.

---

CRS-110
Provision
Current Law
Senate
House
Comments
Enhanced fossil energy
R&D for methane hydrates
Sec. 1231. The DOE fossil
Secs. 2441-2451. The
research and
and for reduced emissions
energy program shall include
National Energy Technology
development
from fossil fuels has been
offshore resources, including
Laboratory (NETL) and the
funded through the DOE’s
methane hydrates.
U.S. Geological Survey
Fossil Energy Program.
(USGS) shall explore new
technologies for ultra-
deepwater exploration and
production for oil, gas and
methane hydrates. A research
organization shall be created
to award competitive grants.
An Ultra-Deepwater and
Unconventional Gas Research
Fund shall be established
from U.S. Treasury loans, oil
and gas lease income, and
additional appropriations.
These sections may be cited
as the “Natural Gas and Other
Petroleum Research,
Development, and
Demonstration Act of 2001.”
Clean coal power
A Clean Coal Initiative was
Sec. 1232. DOE shall carry
Sec. 5000-5008. The Clean
It is expected that $40 million
plants
established in FY2002 by the
out projects to demonstrate
Coal Power Initiative (CCPI)
deferred from FY2002 will be
Bush Administration which
the commercial application
is established as an
made available in FY2003 to
essentially replaces the Clean
of advanced lignite and coal
industry/government cost
fund the existing CCTP.
Coal Technology Program
based technology for power
sharing program to
According to DOE’s Office
(CCTP), which began in
plants.
demonstrate advanced
of Fossil Energy, the balance
FY1986.
technologies with an
of the program’s funding will
emphasis on coal-based
eventually be obligated for
gasification projects. These
CCTP.
sections may be cited as the
“Clean Coal Power Initiative
Act of 2001.”

---

CRS-111
Provision
Current Law
Senate
House
Comments
Safe and efficient
Coal R&D in the DOE budget
Sec. 1233. A federal-private
No comparable provision.
mining technologies
is funded under the Fossil
sector research partnership is
Energy Program.
set up to establish research
priorities for advanced coal
mining technologies.
Ultra-deepwater and
Same as above. See Sec. 1231
Sec. 1234. DOE shall
Secs. 2442-2451. The
This program in the Senate
unconventional drilling
of the Senate bill.
establish a program to
National Energy Technology
bill is related to the enhanced
conduct long-term R&D into
Laboratory (NETL) and the
fossil R&D program in
ultra-deepwater development
U.S. Geological Survey
Senate Sec. 1231.
and environmental mitigation
(USGS) shall explore new
technologies.
technologies for ultra-
deepwater exploration.
R&D for new natural
No specific provision
Sec. 1235. DOE shall conduct
No comparable provision.
gas transportation
a comprehensive R&D
technologies.
program on natural gas
transportation and distribution
technologies and distributed
energy systems.
Oil, gas, and fuel cell
General DOE authority.
Fossil fuel R&D funding
Sec. 2481. Funding is
R&D authorization
authorizations are included in
authorized for FY2002 to
various sections.
FY2004 for operation and
maintenance for oil, gas, and
fuel cell R&D programs.
Funds in this section may not
be used for gas hydrates,
fossil energy environmental
restoration, or research,
development, demonstration,
and commercial application
on coal and related
technologies.

---

CRS-112
Provision
Current Law
Senate
House
Comments
Office of Arctic Energy
Office established by Sec.
Sec. 1236. Funding is
No comparable provision.
authorization
3197 of P.L. 106-398.
authorized for the Office of
Arctic Energy.
Coal Leasing
Mineral Leasing Act of 1920
No comparable provision.
Secs. 6701-6704. The

(30 U.S.C. 181).
Secretary of the Interior shall
not recover from applicants
the costs of processing coal
lease applications.
Clean coal technology
No specific loan provision.
Sec. 1237. Funding is
No comparable provision.
loan
authorized for a $125 million
loan to an experimental clean
coal plant.
Nuclear Energy
Provision
Current Law
Senate
House
Comments
Enhanced nuclear
DOE shall carry out and
Sec. 1241. DOE shall
Sec. 2344. Funding for
General authority for all DOE
energy research and
support research and
conduct an R&D program to
operation and maintenance of
nuclear energy R&D
development
development activities related
enhance nuclear energy. The
DOE nuclear energy R&D
activities is provided by the
to nuclear energy (AEA
program shall support
facilities is authorized from
Atomic Energy Act of 1954
Section 31).
improvements in existing
FY2002 through FY2004.
and the Department of Energy
commercial reactors, examine
Certain nuclear construction
Organization Act (P.L. 95-
advanced reactor designs,
programs are authorized
91).
attract new nuclear science
through FY2005.
and engineering students, and
maintain isotope production
capability. Funding is
authorized for FY2003
through FY2006.

---

CRS-113
Provision
Current Law
Senate
House
Comments
University nuclear
DOE may provide grants and
Sec. 1242. DOE shall provide
Secs. 2301-2304. DOE shall
The House and Senate
science and
contributions to the cost of
support to university nuclear
establish a program to
provisions would add new
engineering support
construction and operation of
science and engineering
enhance human resources and
statutory requirements for the
university reactors (AEA
programs, including programs
infrastructure in nuclear
existing DOE University
Section 31).
to help students and faculty,
engineering and science. The
Reactor Fuel Assistance and
helping to maintain university
program shall provide
Support Program.
reactors and infrastructure,
graduate and undergraduate
and interaction between
fellowships; assist in faculty
university nuclear programs
recruitment and retention;
and DOE national
invest in nuclear engineering
laboratories. Funding is
and science research;
authorized for FY2003
encourage collaborative
through FY2006.
research; help maintain and
operate university reactors;
and conduct related activities.
Appropriations are authorized
for FY2002 through FY2006.
Nuclear Energy
No specific authorization.
Sec. 1243. From funding
Sec. 2341. DOE shall provide
NERI has been funded since
Research Initiative
authorized for Enhanced
competitive, peer-reviewed
FY1999 under guidance
Nuclear Energy Research and
grants under NERI for
provided by appropriations
Development (Section 1241),
developing scientific
report language. The
DOE shall provide grants
breakthroughs and other
program provides peer-
under the Nuclear Energy
advances in nuclear energy
reviewed research grants to
Research Initiative (NERI).
and reactor technology.
universities, national
Funding is authorized for
laboratories, and industry.
FY2002 through FY2004.

---

CRS-114
Provision
Current Law
Senate
House
Comments
Nuclear Energy Plant
No specific authorization.
Sec. 1244. From amounts
Sec. 2342. Similar to Senate
NEPO has been funded since
Optimization
authorized under Section
provision; explicitly states
FY2000 under guidance
1241, DOE shall support a
that the program is to be
provided by appropriations
Nuclear Energy Plant
conducted jointly with the
report language.
Optimization (NEPO) grants
nuclear industry. Funding
program for projects to
authorized for FY2002
improve nuclear power plant
through FY2004.
reliability, availability, and
productivity. The program
shall require industry cost-
sharing of at least 50%.
Nuclear energy
No specific authorization.
Sec. 1245. From amounts
Sec. 2343. DOE shall
The programs authorized by
technology
authorized under Section
develop a plan for selecting at
the House and Senate
development
1241, DOE shall develop a
least one “Generation IV”
provisions are similar to
“technology roadmap” for
reactor design by the end of
DOE’s Nuclear Energy
designing and developing
FY2004 for demonstration by
Technologies Program, which
new U.S. commercial nuclear
a public/private partnership.
has been funded since
reactors. The roadmap shall
Appropriations are authorized
FY2001 under guidance
include a study of advanced,
from FY2002-FY2004.
provided by appropriations
“Generation IV” reactor
report language.
designs to support a decision
on selecting the most
promising of those designs
for commercial deployment.
Uranium mining and
No specific authorization.
No provision.
Secs. 305-306. Research and
conversion R&D
development programs are
authorized on improved
technologies for uranium
mining and for the conversion
of mined uranium into
uranium hexafluoride.

---

CRS-115
Fundamental Energy Science
Provision
Current Law
Senate
House
Comments
Authorization of
General authority provided by
Sec. 1251. Appropriations
Sec. 2581. Appropriations are
appropriations for the
DOE Organization Act (P.L.
are authorized for the Office
authorized for the Office of
Office of Science
95-91).
of Science for fiscal year
Science for fiscal year 2002
2003 (an increase of
only. Within the overall
approximately 20% above the
authorization, appropriations
2002 appropriation) and
are authorized for research on
subsequent fiscal years
previous metal catalysts. In
through 2006 (annual
addition to the overall
increases of approximately
authorization, appropriations
10%). Broad program
are authorized for five
direction is provided
specified construction
regarding scientific scope, the
projects within the Office of
role of facilities, the
Science. None of the
importance of certain
construction funding may be
research areas, and
used at DOE nuclear weapons
connections with the
laboratories or production
Department’s applied
facilities.
programs.
Office of Science
No specific provision.
Sec. 1252. A nanoscience and
No similar provision.
The bulk of this program
nanoscale science and
nanoengineering R&D
would currently fall within
engineering program
program, including research
the scope of the materials
centers and major
sciences subprogram of the
instrumentation, is established
basic energy sciences
within the Office of Science.
program in the Office of
Appropriations for fiscal
Science.
years 2003 through 2006 are
authorized as part of the
overall authorization given in
Sec. 1251.

---

CRS-116
Provision
Current Law
Senate
House
Comments
Office of Science
General DOE authority.
Sec. 1253. The Office of
No similar provision.
advanced scientific
Science advanced scientific
computing program
computing program is
expanded to include, as well
as research, the deployment
of high-performance
computing and collaboration
tools for research in DOE
mission areas. Appropriations
are authorized for fiscal year
2003 (an increase of
approximately 75% above the
2002 appropriation) and for
subsequent fiscal years
through 2006.

---

CRS-117
Provision
Current Law
Senate
House
Comments
Office of Science fusion
General DOE authority.
Sec. 1254. The Secretary shall
Sec. 2501-2505 (Fusion
The two bills differ somewhat
energy sciences
submit an overall plan for the
Sciences Act of 2001).
in their language requiring
program
nuclear fusion program,
The Secretary shall submit an
plan development to include
including certain specified
overall plan for the fusion
consultation with advisory
objectives. In addition, the
program, including the
committees. The objectives
Secretary shall submit a plan
objectives specified by the
specified for the overall plan
for construction of a burning
Senate bill plus some
as described would not
plasma experiment in the
additional objectives. The
require a major departure
United States. If the Secretary
Secretary shall submit a plan
from the scope of the current
makes certain findings, he
for construction of a burning
program, but might require an
may also submit a plan for
plasma experiment in the
expanded effort. A burning
U.S. participation in an
United States and may submit
plasma is one in which the
international burning plasma
a plan for U.S. participation
energy produced by fusion
experiment. Appropriations
in an international burning
exceeds the energy needed to
are authorized for fiscal year
plasma experiment.
heat the plasma to initiate
2003 (an increase of
Appropriations are authorized
fusion and is sufficient to
approximately 35% above the
for fiscal years 2002 and
sustain fusion conditions. A
2002 appropriation) and for
2003 (at the same level as in
burning plasma is a necessary
subsequent fiscal years
the Senate bill) but not
step toward development of a
through 2006.
subsequent years. Part of the
fusion power plant. DOE is
authorized appropriations
not currently funding any
may be used to fund centers
design or construction work
of excellence. Certain
that would lead to a burning
congressional findings are
plasma experiment.
made regarding the status and
potential importance of fusion
energy.

---

CRS-118
Provision
Current Law
Senate
House
Comments
Spallation Neutron
No specific authorization;
No similar provision.
Sec. 2521-2524.
Source
funded through Energy and
Appropriations are authorized
Water Development
for the Spallation Neutron
Appropriations Acts since
Source project in the Office
FY1999.
of Science. The Secretary
shall report on the progress of
the project, including cost
considerations, along with the
annual budget submission.
Limits are set on total project
expenditures.
Strategy for facilities
No provision.
No similar provision.
Secs. 2541-2542. DOE shall
and infrastructure at
develop a strategy and 10-
Office of Science
year implementation plan for
nonmilitary
its nonmilitary laboratories
laboratories
for maintaining needed
existing facilities and
infrastructure, closing
unneeded facilities,
making facility modifications,
and building new facilities.
Nonmilitary laboratories are
defined as specified labs or
those consistent with the
mission of the Office of
Science.

---

CRS-119
Provision
Current Law
Senate
House
Comments
Public notice
No provision.
No similar provision.
Sec. 2543. DOE shall provide
requirements for Office
broad public notice whenever
of Science user facilities
it makes available a user
facility or seeks input about a
user facility from potential
users. Participation in the
establishment or operation of
a user facility shall be
determined by full and open
competition.
Energy, Safety, and Environmental Protection
Provision
Current Law
Senate
House
Comments
Energy infrastructure
General DOE authority.
Sec. 1261. DOE shall
Sec. 2241-2243. The
The Department of Energy
protection and
conduct a program for
Secretary of Energy is
(DOE) currently has a
reliability research and
research, development, and
directed to develop and
Transmission Reliability
development
deployment of technologies
implement a comprehensive
Program under the Office of
to protect energy
research, development,
Power Technologies. The
infrastructure.
demonstration, and
Transmission Reliability
commercial application
Program conducts research to
program to ensure the
improve the reliablity of the
reliability, efficiency, and
U.S. electric power system.
environmental integrity of the
The Program’s appropriations
electric transmission system.
for FY2002 is $4.5 million.

---

CRS-120
Provision
Current Law
Senate
House
Comments
R&D for remediation
No specific provision.
Sec. 1262. DOE shall
No provision.
of groundwater from
conduct research to improve
energy activities
methods for environmental
restoration of groundwater
contaminated by oil and gas
production and other energy
activities. Annual funding of
$10 million is authorized for
FY2003 through 2006.
Climate Change Science and Technology
Department of Energy Programs
Provision
Current Law
Senate
House
Comments
DOE global change
New program.
Sec. 1301. DOE’s Office of
No provision.
science research
Science shall conduct a
comprehensive research
program to understand and
address the effects of energy
production and use on the
global climate system.
Activities shall include
climate modeling and
integrated assessment of
climate change effects on
economic and social systems.
Over four years, authorized
appropriations are $755
million.

---

CRS-121
Provision
Current Law
Senate
House
Comments
Amendments to the
The Federal Nonnuclear
Sec. 1302. The Federal
No provision.
Federal Nonnuclear
Research and Development
Nonnuclear Research and
Research and
Act of 1974 (42 U.S.C. 5905)
Development Act of 1974 is
Development Act of
authorizes a comprehensive
amended to add development
1974
program of research,
of greenhouse gas reduction,
development and
removal, and sequestration
demonstration of nonnuclear
technologies to its purposes,
energy resources to facilitate
along with pursuing a long-
their commercialization.
term climate technology
strategy to demonstrate a
variety of technologies by
which stabilization of
greenhouse gases might be
best achieved.

---

CRS-122
Department of Agriculture Programs
Provision
Current Law
Senate
House
Comments
Carbon sequestration
New program.
Sec. 1311. The Secretary of
No provision.
basic and applied
Agriculture is required to
research
study the net sequestration of
carbon by soils and plants,
and study the net greenhouse
gas emissions from
agriculture, including the
funding of basic research
through competitive grants.
Applied research, including
competitive research grants,
shall include sequestration
methods and baseline
methodologies, among other
priorities. The Secretary may
designate two research
consortia to carry out required
research with up to 25% of
funding. Funding is
authorized at $25 million
annually for four years.

---

CRS-123
Provision
Current Law
Senate
House
Comments
Carbon sequestration
New program.
Sec. 1312. The Secretary of
No provision.
demonstration projects
Agriculture is required to
and outreach
fund projects to demonstrate
the ability to monitor and
verify carbon sequestration,
and to educate farmers and
ranchers about the economic
and environmental benefits of
conservation practices that
increase sequestration.
Funding is authorized at $10
million annually for four
years.
Carbon storage and
New program.
Sec. 1313. The Secretary of
No provision.
sequestration
Agriculture is required to
accounting research
fund research on carbon
storage and sequestration
accounting models and other
tools that can assist
landowners in quantifying
carbon release, sequestration,
and storage from various land
practices. Five entities shall
be competitively chosen for a
pilot program to demonstrate
and assess such tools in
developing sequestration
policies. Funding is
authorized at $20 million
annually for five years.

---

CRS-124
International Energy Technology Transfer
Provision
Current Law
Senate
House
Comments
Clean energy
No provision.
Sec. 1321. An Interagency
No provision.
technology exports
Working Group on Clean
program
Energy Technology Exports
is established to focus on
opening and expanding
energy markets and
transferring clean energy
technology overseas.
Authorized activities include
analyzing opportunities for
international development,
demonstration, and
deployment of clean energy
technology, investigating
ways to improve technology
transfer and technology
exports to foreign countries,
and making other assessments
and recommendations with
respect to the program’s
implementation. Annual
reports on activities and
expenditures are required.

---

CRS-125
Provision
Current Law
Senate
House
Comments
International energy
New program.
Sec. 1322. Section 1608 of
No provision.
technology deployment
the 1992 Energy Policy Act is
program
amended to include an
International Energy
Technology Deployment
Program. Projects deployed
in foreign countries that are
significantly more efficient
than conventional technology
in terms of greenhouse gases
produced per unit of energy
may be eligible for loans or
loan guarantees under the
program. Such projects
would be cost-shared with the
host country: 50% host
country contribution in a
developed county, 10%
contribution in a developing
country. Funding is
authorized at $100 million
annually for nine years.

---

CRS-126
Climate Change Science and Information
Amendments to the Global Change Research Act of 1990.
Provision
Current Law
Senate
House
Comments
Amendments to the
1990 Global Change
Sec. 1331-1333. Within the
No provision.
Global Change
Research Program Act (P.L.
Global Change Research
Research Act of 1990
101-606) establishes the
Program, the Committee on
Global Climate Research
Earth and Environmental
Program aimed at
Sciences is renamed the
understanding and responding
Committee on Global Change
to global change. (15 U.S.C.
Research, and committee
2921 et. seq.)
membership is specified at
the deputy secretary level. In
addition, a subcommittee on
global change research is
established.
Change in National
1990 Global Change
Sec. 1334. The Chairman of
No provision.
Global Change
Research Program Act
the National Science and
Research Plan
establishes the Global
Technology Council is
Climate Research Program
required to develop a 10-year
aimed at understanding and
strategic plan for the United
responding to global change.
States Global Climate Change
(15 U.S.C. 2934)
Research Program and submit
that plan to Congress within
180 days of enactment. A
revised implementation plan
would also be submitted.

---

CRS-127
Provision
Current Law
Senate
House
Comments
Integrated Program
New office.
Sec. 1335. The Global
No provision.

Office
Change Research Act of 1990
is amended to establish within
the Office of Science and
Technology Policy (OSTP)
an Integrated Program Office
to manage coordination and
integration of global change
research activities and
budgets, along with
identifying projects to fill
research gaps.
Research grants
The National Science and
Sec. 1336. The NSTC
No provision.
Technology Council (NSTC)
Committee on Global Change
oversees the U.S. Global
Research shall list priority
Change Research Program
areas for research and
(15 U.S.C. 2935, EO 12881).
development on climate
change that are not currently
being addressed, and transmit
that list to the National
Science Foundation. Funding
for NSF for priority areas is
authorized at $17 million
annually.

---

CRS-128
Provision
Current Law
Senate
House
Comments
Evaluation of
NSTC has the authority to
Sec. 1337. NSTC authority is
No provision.
information
evaluate scientific uncertainty
expanded to include
associated with global climate
assessment and evaluation of
change (15 U.S.C. 2936).
all uncertainties and policy
implications associated with
global climate change.
Information generated is to be
evaluated by considering its
usefulness to local, state and
national decision makers and
other stakeholders.

---

CRS-129
National Climate Services Monitoring.
Provision
Current Law
Senate
House
Comments
Amendment of
The National Climate
Sec. 1341-1345. The
No provision.
National Climate
Program Act (15 U.S.C. 2901
National Climate Program
Program Act
et seq.) requires development
Act is amended to require the
of a national climate program
Secretary of Commerce to
Changes in findings
to assist in understanding and
submit to congressional
responding to climate
committees an action plan for
Tools for regional
processes and their
a National Climate Service.
planning
implications.
The plan shall include
recommendations and
Authorization of
funding estimates for a
Appropriations
national center for climate
monitoring and predicting; a
National Climate
national coordinated
Service Plan
modeling strategy; a program
to ensure data quality and
dissemination; and
mechanisms to improve
coordination within
government and with the
academic community.
International Pacific
No specific provision.
Sec. 1346. Funding for the
No provision.
research and
National Oceanic and
cooperation
Atmospheric Administration
(NOAA), the National
Aeronautics and Space
Administration (NASA), and
the Pacific El Nino/Southern
Oscillation (ENSO)
Applications Center is
provided to study climate
variability in the Asia-Pacific
area in cooperation with the
countries in the region.

---

CRS-130
Provision
Current Law
Senate
House
Comments
Reporting on trends
No provision.
Sec. 1347. As part of the
No provision.
National Climate Service, the
Secretary of Commerce is to
establish a comprehensive
atmospheric monitoring and
verification program, and
issue an annual report that
identifies trends on local,
regional, and national levels
along with individual or
multiple source emissions or
reductions.
Arctic research and
15 U.S.C. 4102(d).
Sec. 1348. The Arctic
No provision.
policy
Research and Policy Act is
amended to provide grants for
arctic research and funds to
the National Science
Foundation (NSF) and federal
agencies for arctic research.
Abrupt climate change
No provision.
Sec. 1349. Through NOAA,
No provision.
research
the Secretary of Commerce is
to conduct research on
potential abrupt climate
change. Funding is
authorized at $10 million
annually for six years.

---

CRS-131
Ocean and Coastal Observing System.
Provision
Current Law
Senate
House
Comments
Oceans and coastal
Authorized under 10 U.S.C.
Sec. 1351. Through the
No provision.
observing system
7902(a), the National Ocean
National Ocean Research
Research Leadership Council
Leadership Council, the
prescribes policies and
President shall establish and
procedures to implement the
maintain an integrated ocean
National Oceanographic
and coastal observing system
Partnership Program.
for understanding, improving,
and protecting coastal and
marine ecosystems and other
purposes.
Authorization of
No provision.
Sec. 1352. Funding is
No provision.
appropriations
authorized for an observing
system at $1.385 billion over
four years.

---

CRS-132
Climate Change Technology
Provision
Current Law
Senate
House
Comments
NIST greenhouse gas
Authorized under the
Sec. 1361. The National
No provision.
functions
National Institute of
Institute of Standards and
Standards and Technology
Technology Act is amended
Act (15 U.S.C. 272), the
to include research to develop
National Institute of
enhanced measurements,
Standards and Technology
calibrations, standards, and
(NIST) conducts activities to
technologies to enable
enhance industrial
reduced production of
competitiveness and is the
greenhouse gases.
lead laboratory for providing
measurement and calibrations
to underpin technological
progress.

---

CRS-133
Provision
Current Law
Senate
House
Comments
Development of new
See above.
Sec. 1362-1363. The
No provision.
measurement
Secretary of Commerce shall
technologies
initiate a program to develop
innovative standards and
Enhanced
technologies for calculating
environmental
greenhouse gas emissions and
measurements and
reductions from various
standards
sources. The National
Institute of Standards and
Technology Act is amended
to establish within the
Institute a program to perform
and support research on
global climate change
standards and processes,
focused on providing
knowledge applicable to
reducing greenhouse gases.
Activities include developing
enhanced monitoring and
modeling standards; assisting
the development of a baseline
for future greenhouse gas
emissions trading, including
international trading; and
assisting in developing
improved industrial processes
designed to reduce or
eliminate greenhouse gases.
This effort shall include using
the expertise of the National
Measurement Laboratories of
the National Institute of
Standards and Technology.

---

CRS-134
Provision
Current Law
Senate
House
Comments
Technology
See above.
Sec. 1364. The Director of
No provision.
development and
the National Institute of
diffusion
Standards and Technology
may develop a program to
support implementation of
new “green” manufacturing
technologies by the more than
380,000 small manufacturers.
Authorization of
No current authorization.
Sec. 1365. Funding is
No provision.

appropriations
authorized for NIST’s new
global warming activities at
$10 million annually for five
years.
Climate Adaptation and Hazards Prevention
Assessment and Adaptation.
Provision
Current Law
Senate
House
Comments
Regional Climate
New program.
Sec. 1371. The President
No provision.
Assessment and
shall establish within the
Adaptation Program
Department of Commerce a
National Climate Change
Vulnerability and Adaptation
Program for regional impacts
of global climate change.
The program shall submit a
report to Congress within 2
years on recommended
mitigation strategies and
programs. Funding is
authorized at $4.5 million.

---

CRS-135
Provision
Current Law
Senate
House
Comments
Coastal vulnerability
No provision.
Sec. 1372. The Secretary of
No provision.
and adaptation
Commerce shall conduct
regional assessments of
coastal vulnerability to
climate change within two
years of enactment, and
submit to Congress regional
adaptation plans to address
those impacts within 3 years
of enactment. Matching
funds to assist coastal
adaptation programs shall be
provided based on the
formula established in the
Coastal Zone Management
Act of 1972. A coastal
response pilot program is also
authorized. Funding for the
regional assessments and
grant program is authorized at
$3million each, annually.
Barrow Arctic
New program.
Sec. 1373. The Secretary of
No provision.
Research Center
Commerce shall establish a
Barrow Arctic Research
Center to support interagency
climate change and arctic
research, authorized at $35
million.

---

CRS-136
Forecasting and Planning Pilot Programs.
Provision
Current Law
Senate
House
Comments
Remote sensing pilot
New program.
Sec. 1381-1382, 1384. The
No provision.
projects
National Aeronautics and
Space Administration
Database establishment
(NASA) may establish a
competitive grant program
Definitions
through NOAA’s Coastal
Services Center for pilot
projects to explore the
integrated use of remote
sensing and other geospatial
information to address
governmental adaptation
needs to forecast coastal zone
and land use changes from
global climate change.
Air quality research,
No provision.
Sec. 1383, 1385. NOAA is
No provision.
forecasts and warnings
required to conduct regional
studies and assessment of the
Authorization of
effects of transported and
appropriations
transformed air pollutants. In
addition, NOAA is to
establish a program to
provide regional air quality
forecasts and warnings.
Funding for the studies is
authorized at $3 million
annually for four years, and
funding for the warning
system is authorized at $5
million for FY2003 and such
sums as necessary for
subsequent years.

---

CRS-137
Management of DOE Science and Technology Programs
Provision
Current Law
Senate
House
Comments
Definitions
No provision.
Sec. 1401. The term “single-
No similar provision.
purpose research facility”
includes 15 named DOE-
owned facilities and any
similar DOE organization
designated as such by the
Secretary.
Availability of
No provision.
Sec. 1402. Appropriations
No similar provision.
appropriated funds
authorized under titles XII
(energy R&D), XIII (climate
change R&D), and XV
(traineeships and fellowships)
shall remain available until
expended.
Cost sharing for
No specific provision; various
Sec. 1403. Cost-sharing is
Sec. 2603. Requirements are
applied energy R&D
energy statutes include cost-
required for DOE projects in
the same as in the Senate bill
sharing requirements.
energy efficiency R&D,
but also include R&D in the
renewable energy R&D,
Office of Science, unless
fossil energy R&D, and
waived by the Secretary
nuclear energy R&D. The
because the R&D is basic or
non-federal share must be at
fundamental in nature.
least 20% for research and
development projects and at
least 50% for demonstration
and deployment projects. The
Secretary may waive or
reduce these requirements
under certain conditions.

---

CRS-138
Provision
Current Law
Senate
House
Comments
Merit review of
No specific provision.
Sec. 1404. An independent
No similar provision.
proposals
review of scientific and
technical merit shall be
conducted before a proposal
can be funded from
appropriations authorized
under title XII (energy R&D),
subtitle A of title XIII (DOE
climate change R&D), or title
XV (traineeships and
fellowships).
External technical
General authority for
Sec. 1405. Advisory boards
Sec. 2616. The Secretary shall
review of R&D
advisory committees is
shall be established for DOE
arrange with the National
programs
provided by 42 U.S.C. 7234.
R&D programs in energy
Academy of Sciences and the
efficiency, renewable energy,
National Academy of
fossil energy, nuclear energy,
Engineering to review, at
and climate change
least every five years, DOE
technology. The requirement
R&D programs in energy
may be met by existing DOE
efficiency, renewable energy,
boards or by boards
fossil energy, nuclear energy,
established by the National
and science.
Academy of Sciences.
Existing advisory committees
shall continue for R&D
programs of the Office of
Science.

---

CRS-139
Provision
Current Law
Senate
House
Comments
Organization and
DOE’s administrative
Sec. 1406. The new position
Sec. 2561-2562. The Director
The DOE Office of Science
management of civilian
structure is governed by the
of DOE Under Secretary for
of the White House Office of
funds more physical science
science and technology
Department of Energy
Energy and Science is
Science and Technology
basic research than any other
programs
Organization Act (42 U.S.C.
established, with authority
Policy (OSTP) shall establish
federal agency. It is also the
7132).
over the assistant secretaries
an advisory panel to address
third largest funder of basic
responsible for energy R&D,
issues about the status of the
research overall. Many in the
energy technology, and
Office of Science, look at
scientific community believe
science, and to serve as
organizational options for the
that the DOE Office of
science and technology
Office within DOE, and
Science has not fared as well
advisor to the Secretary. The
suggest ways to strengthen
as the other major basic
Director of the Office of
scientific research supported
research funding agencies —
Science shall become an
by the Office. The advisory
NSF, NASA, and NIH —
assistant secretary, while
panel shall deliver its report
because its status in DOE is
certain advisory
within six months of
too low.
responsibilities are transferred
enactment to the OSTP
to the new under secretary.
Director and DOE Secretary,
An additional assistant
and they shall deliver the
secretary position is created,
report to Congress with their
and it is the sense of the
comments within nine months
Senate that leadership for
of enactment.
DOE missions in nuclear
energy should be at the
assistant secretary level.

---

CRS-140
Provision
Current Law
Senate
House
Comments
Improved coordination
No specific provision.
Sec. 1407. A Technology
No similar provision.
of technology transfer
Partnership Working Group is
activities
established, consisting of
representatives of the DOE
national laboratories and
single-purpose research
facilities, to coordinate
technology transfer. A
Technology Transfer
Coordinator is established
to oversee DOE technology
transfer activities and
coordinate the activities of the
Technology Partnership
Working Group.
Technology
No specific provision.
Sec. 1408. A program is
No similar provision.
infrastructure program
established to help national
laboratories and single-
purpose research facilities
stimulate the development of
technology clusters, “leverage
and benefit” from
commercial activities, and
exchange scientific and
technological expertise with
other organizations. A report
must be submitted by
January 1, 2004, on whether
the program should continue
and, if so, how it should
be managed.

---

CRS-141
Provision
Current Law
Senate
House
Comments
Small business
No provision.
Sec. 1409. A small
No similar provision.
advocacy and
business assistance program
assistance
is established. A small
business advocate must be
appointed at each national
laboratory and, if directed by
the Secretary, at each single-
purpose research facility.
Other transactions
42 U.S.C. 7256.
Sec. 1410. DOE may use
Sec. 2601(b). DOE may use
Other transactions are used by
authority
other transactions to fund
contracts, cooperative
the Department of Defense
research projects when (1) a
agreements, cooperative
and certain other agencies
standard contract, grant, or
research and development
primarily to fund research by
cooperative agreement would
agreements (CRADAs),
private-sector companies.
be infeasible or inappropriate,
grants, joint ventures, and
They permit the terms of the
(2) the research to be
“any other form of agreement
transaction to be negotiated
supported does not duplicate
available to the Secretary”
freely between the agency
existing DOE programs, and
under existing law — but not
and the company. Certain
(3) government funds are half
other transactions — to fund
provisions required by federal
or less of the total funding for
research projects.
law for standard contracts and
the project. These
grants, including provisions
transactions shall be exempt
relating to intellectual
from the patent rights and
property, are not required for
invention reporting
other transactions. Opponents
requirements of 42 U.S.C.
of giving other transactions
5908, and DOE shall not
authority to DOE are
disclose confidential
uncomfortable with this
information submitted by
exemption. Advocates argue
non-federal participants or
that existing alternatives are
developed as part of a
ill-suited for funding and
supported project.
managing large R&D
Guidelines for these
consortia whose members
transactions must be
have complex intellectual
established.
property relationships.

---

CRS-142
Provision
Current Law
Senate
House
Comments
Mobility of scientific
No provision.
Sec. 1411. The
No similar provision.
and technical personnel
Technology Transfer
Coordinator (established by
Sec. 1407) must prepare a
report on disincentives to the
transfer of scientific and
technical personnel among
the contractor-operated
national laboratories and
single-purpose research
facilities.
National Academy of
No provision.
Sec. 1412. The National
No similar provision.
Sciences report on
Academy of Sciences must
accelerating energy
prepare a study on
research
accelerating the cycle of
energy technology research,
development, and
deployment.
Report on technology
No provision.
Sec. 1413. The Technology
No similar provision.
readiness and barriers
Partnership Working Group
to technology transfer
(established by Section 1407)
must issue biennial reports on
barriers to technology
transfer, ways to lower them,
and the readiness for
technology transfer of
technologies developed under
the DOE energy efficiency,
renewable energy, fossil
energy, and nuclear energy
programs.

---

CRS-143
Provision
Current Law
Senate
House
Comments
United States-Mexico
No provision.
Sec. 1414. Establishes a
No similar provision.
energy technology
collaborative RD&D program
cooperation
in the DOE Office of
Environmental Management
to promote energy-efficient,
environmentally sound
economic development along
the United States-Mexico
border.

---

CRS-144
Provision
Current Law
Senate
House
Comments
General provisions for
No existing requirement.
Some parts are comparable to
Sec. 2601-2605. DOE is
DOE
Senate sections described
authorized to use contracts,
above.
cooperative agreements,
grants, and joint ventures to
engage private industry in the
conduct of its work. Further,
DOE is required to provide
information outreach about
research and technology
developments to
manufacturers, consumers,
state and local governments,
and other parties. DOE is
required to use competitive
procedures to seek parties for
management and operations
contracts. For partnerships
with the private sector, R&D
projects require a 20%
minimum cost-share from
private partners, and
demonstration projects
require a 50% minimum.
Reprogramming of DOE
funds is allowed only if prior
notification is given to
Congress and other certain
funding constraints are
followed.

---

CRS-145
Provision
Current Law
Senate
House
Comments
Other miscellaneous
No existing requirement.
Some parts are comparable to
Sec. 2611-2616. Prior
provisions
the Senate sections described
notification to Congress is
above.
required before DOE may
implement reorganization of
any programs. For any
civilian construction project
without a specific funding
level, but estimated to exceed
$5 million, DOE must report
to Congress on the need and
cost for the project. For a
civilian project with a specific
funding level, but for which
the cost estimate exceeds
authorized funding by more
than 10%, the project may be
halted before construction
starts. Also, DOE must
complete a conceptual design
before requesting funds to
build a project estimated at
more than $5 million.
Further, if the design study
will cost more than $750,000,
DOE must request design
funds before seeking
construction funds. Certain
reports initiated by the Report
of the National Energy Policy
Development Group are
required, upon their
completion, to be transmitted
to Congress. Also, DOE is
required to seek periodic
reviews and assessments of its
programs by the National

---

CRS-146
Personnel and Training
Provision
Current Law
Senate
House
Comments
Workforce trends in
No provision.
Sec. 1501. The Energy
No similar provision.
the energy industry
Information Administration
and traineeship grants
shall monitor trends in the
in areas of personnel
energy industry technical
shortfall
workforce, include statistics
on these trends in its annual
reports, and report to
Congress when a significant
personnel shortfall occurs or
is forecast. A grant program
is created for training
technical personnel in
shortfall areas.
Postdoctoral and senior
No specific provision.
Sec. 1502. A program of
No similar provision.
The National Academy of
research fellowships in
postdoctoral fellowships in
Science currently administers
energy research
energy R&D is established.
postdoctoral fellowship
The Secretary may arrange
programs for several federal
for this program to
agencies.
be administered by the
National Academy of
Sciences. A program of
senior research fellowships in
energy R&D is also
established.
Training guidelines for
None.
Sec. 1503. DOE must work
No similar provision
electric energy industry
with utilities and unions to
personnel
create model employee
training guidelines to increase
electric reliability.

---

CRS-147
Provision
Current Law
Senate
House
Comments
National Center on
No provision.
Sec. 1504. DOE is required to
Sec. 125. DOE is required to
While the Senate and House
Energy Management
establish a center to provide
create an Advanced Building
provisions are related, they
and Building
research, education, and
Efficiency Test Program, led
are quite different.
Technologies
training for improved
by a university, that would
building energy efficiency
develop, test and demonstrate
and indoor air quality.
innovative technologies.
Also, Sec. 2181 directs the
Office of Science and
Technology Policy to create
an interagency group to
conduct a National Building
Performance Initiative that
sets out a plan to reduce
building energy costs by
30%.
Improved access for
No provision.
Sec. 1505. DOE education
No similar provision.
women and minorities
programs must give priority
to energy-related
to activities that encourage
scientific and technical
women and minorities to
careers
pursue scientific and technical
careers. DOE national
laboratories (and other DOE
science facilities if so directed
by the Secretary) must
increase the participation of
historically black colleges and
universities, Hispanic-serving
institutions, and tribal
colleges in activities such as
research, equipment transfer,
training, and mentoring. DOE
is to report on activities under
this section within two years.

---

CRS-148
Provision
Current Law
Senate
House
Comments
National Power Plant
None.
Sec. 1506. DOE must
No similar provision
Operations Technology
establish a center to conduct
and Education Center
training and certification of
operators at electric power
generating plants.
Federal mine
The Secretary of Labor uses
Sec. 1507. To maintain a
No provision.
Many of the nation’s mine
inspectors
the Mine Safety and Health
sufficient number of qualified
inspectors are eligible or soon
Administration (MSHA, 29
mine inspectors, the
eligible to retire.
U.S.C. 557) to carry out the
Department Labor shall hire
Mine Safety and Health Act
and train new mine
of 1977, (30 U.S.C. 801).
inspectors.
Technology Assessment
Provision
Current Law
Senate
House
Comments
Science and
The Office of Technology
Sec. 1601. A Science and
No similar provision.
The service created by the
Technology Assessment
Assessment was established
Technology Assessment
Senate bill would be similar
Service
in 1972 by P.L. 92-484 (2
Service is established within
in some ways to the former
U.S.C. 471 et seq.). Although
the legislative branch to
Office of Technology
still authorized, it has not
provide Congress with
Assessment, but with a
been funded since FY1995
information on national issues
modified structure and scope.
and no longer operates.
in science and technology
policy.

---

CRS-149
Studies
Provision
Current Law
Senate
House
Comments
Regulatory reviews
No existing requirement.
Sec. 1701. Each federal
Sec. 161 and Sec. 6103. Each
The provisions are nearly
agency is required to report
federal agency is directed to
identical.
every five years on regulatory
report on regulatory barriers
changes needed to remove
to energy-efficient
barriers to market entry for
technologies every five years.
new energy-efficient
technologies (such as fuel
cells) and to market
development for existing
technologies.
Insular areas energy
No requirement.
Sec. 1702. DOE must begin a
Sec. 6801. The Secretary of
The dependence of insular
security/assessment of
study within 60 days of
the Interior must update the
areas has been periodically
dependence of Hawaii
enactment that will assess the
1982 Territorial Energy
assessed.
on oil
short- and long-term threats
Assessment, and prepare
to the economy of Hawaii
long-term plans to reduce by
posed by insecure supply and
2010 dependence of insular
volatile prices. Not later than
areas upon energy imports.
300 days after the date of
enactment of this section, the
Secretary of Energy shall
submit to Congress a report
detailing the Secretary's
findings, conclusions, and
recommendations.

---

CRS-150
Provision
Current Law
Senate
House
Comments
Study of siting an
None.
Sec. 1703. The Secretary of
No similar provision
electric transmission
Energy must contract with
system on Amtrak
Amtrak to study the
right-of-way
feasibility of building and
operating a new electric
transmission system on the
Amtrak right-of-way in the
Northeast Corridor.
Updating of insular
Sec. 604 of P.L. 96-597
Sec. 1704. Insular areas are
Sec. 6801. The House
area renewable energy
initiated a study of energy
directed to reassess energy
provision is similar to that in
and energy efficiency
potential for insular areas.
production, use,
the Senate bill.
plans
infrastructure, resources, and
long-term energy plans.
Consumer Energy
No provision.
Sec. 1705. An 11-member
No provision
Commission
commission is established to
study energy price spikes
since 1990. First meeting is to
be held not more than 60 days
after enactment; report is
called for in 180 days.
Energy infrastructure
No provision.
Sec. 1706. The Secretary of
Sec. 6235. State and
across the Great Lakes
Energy is to conduct a study
provincial bans on drilling in
of the environmental impacts
the Great Lakes are
of any energy infrastructure
encouraged.
(including gas pipelines)
transiting the Lakes and how
they might be minimized. An
NAS advisory committee
shall be established.

---

CRS-151
Provision
Current Law
Senate
House
Comments
Study of existing
No provision.
No provision.
Sec. 6101. Each federal
rights-of-way on
agency must review energy
federal lands
transport rights-of-way under
its jurisdiction and report to
the Secretary of Energy and
to FERC on whether the
right-of-way can support new
or additional capacity and
what changes might be called
for to accommodate
additional capacity. In
performing the review,
agency heads should consult
with affected states and other
stakeholders and consider
safety issues involved in such
expansions.

---

CRS-152
Provision
Current Law
Senate
House
Comments
Coordinating and
No provision.
No provision.
Sec. 6106. The Secretary of
An Administration goal has
planning the natural
Energy and the FERC
been to facilitate energy
gas transportation
Chairman must conduct a
transportation system
system expansion
study of Western states’
development by removing
natural gas needs. The study
perceived bottlenecks posed
would include: Western state
by the administrative and
officials’ forecasts, such as
regulatory process. This
those of the California Energy
issue was highlighted by a
Commission; a review of gas
shortage of natural gas
power plant construction
transportation capacity in
projects, both underway and
California during 2000 and
planned; and a review of the
the early months of 2001.
current long-distance
transmission systems, their
capacity and how they
interrelate. Recommendations
for coordinated infrastructure
development in the Western
states would be reported to
the House Energy and
Commerce Committee and
Senate Energy and Natural
Resources Committee within
six months. The Chairman of
FERC shall also report on
how the report’s conclusions
will figure in reviewing
pipeline construction permits.
applications.

---

CRS-153
Provision
Current Law
Senate
House
Comments
Study of shipping
No provision.
Sec. 1707. The National
No provision.
routes for research
Academy of Sciences shall
reactor spent fuel
study federal procedures for
selecting transportation routes
for spent nuclear fuel from
research reactors.
Report on energy
No provision.
Sec. 1708. DOE is required to
No provision.
savings and water use
report on cost-effective
improvements to reduce
energy use at municipal water
and waste treatment facilities.
Report on research on
No provision.
Sec. 1709. DOE is directed to
No provision.
hydrogen production
report on any projects at DOE
and use
nuclear facilities that involve
hydrogen production and use
in fuel cell development or
involve other alternative
energy production
technologies.

---

CRS-154
Provision
Current Law
Senate
House
Comments
Other energy
No provisions.
No provision.
Sec. 162-165. To reduce fuel
conservation provisions
use and emissions, EPA is
directed to study the use of
heating, air conditioning and
other services at truck stops
and other locations to reduce
idling of heavy trucks and
other vehicles (Sec. 162). To
reduce oil waste and air
pollution, a study of oil
bypass filtration technology
and prospects for use in
federal fleets is mandated
(Sec. 163). To reduce waste
of natural gas, a study is
required on using small
cogeneration equipment to
use excess gas flared at
petrochemical facilities (Sec.
164). To conserve fuel and
reduce traffic congestion, a
study of potential benefits of
widespread telecommuting is
called for (Sec. 165).
Critical Energy Infrastructure
Department of Energy Programs
Provision
Current Law
Senate
House
Comments
Definitions
None
Sec. 1801. Provides
No similar provision
definitions used in the title.

---

CRS-155
Provision
Current Law
Senate
House
Comments
Role of the Department
None.
Sec. 1802. The Department of
No similar provision
of Energy
Energy Organization Act is
amended to clarify that
energy infrastructure security
is part of DOE’s mission.
Critical energy
None.
Sec. 1803. The Secretary of
No similar provision
infrastructure
Energy is authorized to
programs
establish programs of
financial, technical, and
administrative assistance
related to critical energy
infrastructure security,
consistent with overall
national infrastructure
security plans of the
President.
Advisory committee on
None.
Sec. 1804. A broad-based
No similar provision
energy infrastructure
advisory committee is
security
established to review DOE
policy and activities to
improve energy infrastructure
security.
Best practices and
None.
Sec. 1805. The Secretary of
No similar provision

standards for energy
Energy is authorized to
infrastructure security
support private-sector efforts
to develop best practices and
standards for energy
infrastructure security.

---

CRS-156
Department of the Interior Programs
Provision
Current Law
Senate
House
Comments
Outer Continental
Deepwater OCS activity is
Sec. 1811. The Secretary of
No provision.
Shelf energy
conducted under the Outer
the Interior shall establish an
infrastructure security
Continental Shelf of 1953 (43
OCS Energy Infrastructure
U.S.C. 1331).
Security Program to provide
funds to states to protect
against threats to OCS
facilities and related
infrastructure.
Arctic National
Oil and gas leasing in the
No provision.
Secs. 6501-6511. The
The Senate defeated two
Wildlife Refuge oil and
Arctic National Wildlife
prohibition on oil and gas
motions to invoke cloture on
gas leasing
Refuge (ANWR) is prohibited
leasing in the coastal plain of
two separate amendments
under provisions of the
the Arctic National Wildlife
offered by Senators Stevens
Alaska National Interest
Refuge (ANWR) is repealed.
and Murkowski that would
Lands Conservation Act of
A leasing process is
have allowed limited drilling
1980 (ANILCA).
established under the Mineral
in ANWR. Both amendments
Leasing Act of 1920, and the
were withdrawn. The House
provision directs that not
bill does not specify whether
more than 2,000 acres of
the 2,000 acres of surface
surface area be used for
area allowed for development
carrying out oil and gas
activities must be contiguous.
development on the coastal
plain.
Energy Tax Incentives, consisting of sections 1900-2508 in the Senate bill and sections in the House bill, are listed at the end of
the report after the authorization tables.

---

CRS-157
Iraq Oil Import Restriction
Provision
Current Law
Senate
House
Comments
Iraq oil import
No provision.
Sec. 2601. The Iraq
No provision.
restriction – title and
Petroleum Import Restriction
findings
Act of 2002 finds that Iraq is
in violation of U.N. Res. 687,
regarding destruction of
weapons of mass destruction,
as well as U.N. Res. 661,
regarding smuggled oil
exports. Importing oil from
Iraq is declared not consistent
with U.S. foreign policy and
national security interests.
Prohibition of Iraq oil
No provision.
Sec. 2602. Direct or indirect
No provision.
imports
oil imports from Iraq are
banned.
Termination/
No provision.
Sec. 2603. Imports from Iraq
No provision.
presidential
may resume upon presidential
certification
certification to Congress that
Iraq is in compliance with
U.N. Resolutions 687 & 986,
that it has stopped
compensating suicide bomber
families, or that such imports
are no longer contrary to U.S.
interests.
Humanitarian interests
No provision.
Sec. 2604. It is the sense of
No provision.
the Senate that the President
should encourage public and
private humanitarian aid so
the Iraqi people will not be
adversely impacted.

---

CRS-158
Provision
Current Law
Senate
House
Comments
Definitions
No provision.
Sec. 2605. U.N. Resolutions
No provision.
661 (oil exports and
smuggling), 687 (weapons of
mass destruction), and 986
(the oil-for-food program) are
defined.
Effective date
No provision.
Sec. 2606. The prohibition on
No provision.
Iraq oil imports starts 30 days
after enactment.
Miscellaneous Provisions
Provision
Current Law
Senate
House
Comments
Fair treatment of
No provision.
Sec. 2701. It is the sense of
No provision.
presidential judicial
the Senate that the Senate
nominees
Judiciary Committee should
hold regular hearings on
judicial nominees and
expeditiously schedule
hearings on nominees
submitted May 9, 2001, and
resubmitted September 5,
2001.

---

CRS-159
Provision
Current Law
Senate
House
Comments
Buy American
Buy American Act (41 U.S.C.
No provision.
Sec. 7101. No one convicted
The Buy American Act
10a-10c).
of violating the Buy
requires that articles,
American Act may receive
materials, or supplies,
funds authorized in this act.
purchased for public
buildings or public works in
the United States be
manufactured in the United
States, unless it is not in the
public interest or is cost
prohibitive to do so. The
articles, materials, or supplies
should be in reasonably
available commercial
quantities and of satisfactory
quality.
Study of aircraft
No provision.
No provision.
Sec. 803. Within 60 days of
emissions
enactment, the Secretary of
Transportation and the
Administrator of the
Environmental Protection
Agency are required to
commence a study to
determine the impact of
aircraft emissions on air
quality in ozone
nonattainment areas. The
study, which is to culminate
in a report to Congress within
180 days of commencement,
is to focus on the impact of
emissions by aircraft idling at
airports, with
recommendations concerning
how such emissions may be
reduced.

---

CRS-160
Funding Authorizations- Tables 2 and 3.
Table 2. Authorized Appropriations in Senate bill.
Senate
in millions FY 02*
FY 03*
FY 04
FY 05
FY 06
FY 07
FY02-07
FY08-11 FY 02-11
House
Division A
Reliable and Diverse Power Generation and Transmission
TITLE II
ELECTRICITY
Subtitle B
Amendments to the Public Utility Holding Company Act
Sec. 237
Authorization of appropriations.

ss
ss
ss
NE
NE
Subtitle E
Renewable Energy and Rural Construction Grants
Sec. 261
Renewable energy production incentive FY 03-23
ss
ss
ss
ss
ss
ss
ss
ss
Sec. 602
Sec. 264
Rural construction grants
20.0
20.0
20.0
20.0
20.0
100.0
40.0
140.0
NE
TITLE IV
INDIAN ENERGY
Sec. 403
Comprehensive Indian Energy Programs
ss
ss
ss
NE
Sec. 407
Federal PMA power delivery studies
ss
ss
ss
ss
NE
Sec. 408
Feasibility study of wind & hydropower demonstration project
0.5
0.5
0.5
NE
TITLE V
NUCLEAR POWER
Subtitle B
Miscellaneous Provisions
Sec. 512
Thorium reimbursement
90.0
55.0
20.0
20.0
20.0
20.0
225.0
225.0
NE
Sec. 514
Nuclear Power 2010
ss
ss
ss
NE
Sec. 516
Decommissioning pilot program
16.0
16.0
16.0
NE

---

CRS-161
Senate
in millions FY 02*
FY 03*
FY 04
FY 05
FY 06
FY 07
FY02-07
FY08-11 FY 02-11
House
Subtitle C
NRC Personnel Crisis
Sec. 542
NRC training program
1.0
1.0
1.0
1.0
4.0
4.0
NE
Subtotal Division A
90.5
92.0
41.0
41.0
41.0
40.0
345.5
40.0
385.5
Division B
Domestic Oil and Gas Production and Transportation
TITLE VI
OIL AND GAS PRODUCTION
Sec. 601
Strategic Petroleum Reserve
ss
ss
ss
NE
Sec. 602
Federal onshore leasing programs for oil and gas
60.0
60.0
60.0
60.0
240.0
240.0
NE
Sec. 605
Orphaned and abandoned oil and gas well program
5.0
5.0
5.0
15.0
15.0
NE
Sec. 611
Authorization of Appropriations
ss
ss
ss
NE
TITLE VII
NATURAL GAS PIPELINES
Subtitle C
Pipeline Safety
Sec. 772
Authorization of Appropriations
64.0
64.0
64.0
6.0
6.0
204.0
0.0
204.0
NE
Subtotal Division B
ss
65.0
65.0
65.0
60.0
0.0
255.0
0.0
255.0
Division C
Diversifying Energy Demand and Improving Efficiency
TITLE VIII
FUELS AND VEHICLES
Subtitle A
CAFE Standards, Alternative Fuels & Advanced Technology
Sec. 803
Maximum feasible average fuel economy
ss
ss
ss
NE
Sec. 816
Authorization of appropriations.
50.0
60.0
70.0
80.0
260.0
260.0
Sec. 2141
Sec. 820B
Commercial by-products from municipal solid waste loan
ss
ss
ss
NE
guarantee program

---

CRS-162
Senate
in millions FY 02*
FY 03*
FY 04
FY 05
FY 06
FY 07
FY02-07
FY08-11 FY 02-11
House
Subtitle B
Additional Fuel Efficiency Measures
Sec. 823
Conserve by bicycling program
5.5
5.5
5.5
NE
Subtitle C
Federal Reformulated Fuels
Sec. 832
Leaking underground storage tanks. (LUST)
250.6
30.35
30.35
30.35
30.35
372.0
372.0
Sec. 504
Subtotal, Title VIII, Fuels and Vehicles ss
306.1
90.35
100.35
110.35
30.35
637.5
637.5
TITLE IX
ENERGY EFFICIENCY AND ASSISTANCE TO LOW
INCOME CONSUMERS
Subtitle A
Low Income Assistance and State Energy Programs
Sec. 901
LIHEAP
3,400.0
3,400.0
3,400.0
10,200.0
10,200.0
Sec. 134
Weatherization assistance
325.0
400.0
500.0
1,225.0
1,225.0
Sec. 133
Sec. 902
State energy conservation grants
100.0
100.0
125.0
ss
ss
325.0
ss
325.0
Sec. 131
Sec. 903
Energy efficient schools
200.0
210.0
220.0
230.0
ss
860.0
ss
860.0
Sec. 132
Sec. 904
Low income community energy efficiency pilot program
10.0
10.0
10.0
30.0
30.0
NE
Subtitle B
Federal Energy Efficiency
Sec. 913
Federal building performance standards
ss
ss
ss
Sec. 125
Sec. 918
Federal energy banks
250.0
250.0
250.0
250.0
1,000.0
1,000.0
NE
Subtotal, Title IX, State Programs
4,285.0
4,370.0
4,505.0
480.0
0.0
13,640.0
ss
13,640.0
Subtotal Division C
ss
4,591.1
4,460.4
4,605.4
590.4
30.4
14,277.5
ss
14,277.5

---

CRS-163
Senate
in millions FY 02*
FY 03*
FY 04
FY 05
FY 06
FY 07
FY02-07
FY08-11 FY 02-11
House
Division D
Integration of Energy Policy and Climate Change Policy
Title X
NATIONAL CLIMATE CHANGE POLICY
Subtitle B
Climate Change Strategy
Sec. 1013
National climate change strategy
ss
ss
ss
NE
Sec. 1014
Office of National Climate Change Policy
5.0
5.0
5.0
5.0
5.0
25.0
20.0
45.0
NE
Sec. 1015
Office of Climate Change Technology
4,750.0
4,750.0
4,750.0
Sec. 2172
Title XI
NATIONAL GREENHOUSE GAS DATABASE
Sec. 1111
Authorization of appropriations
ss
ss
ss
NE
Subtotal Division D
4,755.0
5.0
5.0
5.0
5.0
4,775.0
20.0
4,795.0
Division E
Enhancing Research, Development, and Training
TITLE XII
ENERGY RESEARCH AND DEVELOPMENT PROGRAMS a
Subtitle A
Energy Efficiency
Sec. 1211
Enhanced energy efficiency research and development
700.0
784.0
878.0
983.0
3,345.0
3,345.0
Sec. 2161
Sec. 1213
Next generation lighting initiative
50.0
50.0
50.0
50.0
50.0
250.0
200.0
450.0
Sec. 2161
Sec. 1214
Railroad efficiency
60.0
70.0
130.0
130.0
Sec. 152
Subtotal, Energy Efficiency
810.0
904.0
928.0
1,033.0
50.0
3,725.0
200.0
3,925.0
Subtitle B
Renewable Energy
Sec. 1221
Enhanced renewable energy research and development
500.0
595.0
683.0
733.0
2,511.0
2,511.0
Sec. 2261
Sec. 1222
Bioenergy part of Sec. 1221 total
Sec. 2225
Biopower Energy Systems
60.3
69.3
79.6
86.3
295.5
295.5

---

CRS-164
Senate
in millions FY 02*
FY 03*
FY 04
FY 05
FY 06
FY 07
FY02-07
FY08-11 FY 02-11
House
Biofuels Energy Systems
57.5
66.1
76.0
81.4
281.0
281.0
Sec. 1223
Hydrogen R&D
Sec. 2210
Matsunaga Hydrogen R&D and Demonstration program
65.0
70.0
75.0
80.0
290.0
290.0
Fuel Cells - Hydrogen Future Act
25.0
30.0
35.0
40.0
130.0
130.0
Subtotal, Renewable Energy
590.0
695.0
793.0
853.0
2,931.0
2,931.0
Subtitle C
Fossil Energy
Sec. 1231
Enhanced fossil energy research and development
485.0
508.0
532.0
558.0
2,083.0
2,083.0
Sec. 2424
Sec. 1232
Power plant improvement initiative
0.2
0.2
0.2
0.2
0.8
1.0
1.8
Sec. 5005
Sec. 1233
R&D for advanced safe and efficient coal mining technologies
12.0
15.0
27.0
27.0
NE
Sec. 1235
R&D for new natural gas transportation technologies
NE
Sec. 1236
Authorization of appropriations for Office of Arctic Energy
25.0
25.0
25.0
25.0
25.0
125.0
100.0
225.0
NE
Sec. 1237
Clean Coal Technology Loan
125.0
125.0
125.0
NE
Subtotal, Fossil Energy
647.2
548.2
557.2
583.2
25.0
2,235.8
101.0
2,336.8
Subtitle D
Nuclear Energy
Sec. 1241
Enhanced nuclear energy research and development.
Sec. 2344
Core nuclear research, university nuclear science
100.0
110.0
120.0
130.0
460.0
460.0
Nuclear research capacity and infrastructure
200.0
202.0
207.0
212.0
821.0
821.0
Subtotal, Nuclear Energy
300.0
312.0
327.0
342.0
1,281.0
1,281.0
Subtitle E
Fundamental Energy Science
Sec. 1251
Enhanced programs in fundamental energy science.
3,785.0
4,153.0
4,586.0
5,000.0
17,524.0
17,524.0
Sec. 2581
Sec. 1252
Nanoscale science and engineering research.
270.0
290.0
310.0
330.0
1,200.0
1,200.0
NE

---

CRS-165
Senate
in millions FY 02*
FY 03*
FY 04
FY 05
FY 06
FY 07
FY02-07
FY08-11 FY 02-11
House
Sec. 1253
Advanced scientific computing for energy missions.
285.0
300.0
310.0
320.0
1,215.0
1,215.0
NE
Sec. 1254
Fusion energy sciences program and planning.
335.0
349.0
362.0
377.0
1,423.0
1,423.0
Sec. 2505
(Sec. 1301 & items above in italic are part of Sec. 1251 total)
Subtotal, Fundamental Energy Science
3,785.0
4,153.0
4,586.0
5,000.0
17,524.0
17,524.0
Subtitle F
Energy, Safety, and Environmental Protection
Sec. 1261
Critical energy infrastructure protection R&D
10.0
10.0
10.0
10.0
40.0
40.0
NE
Sec. 1262
R&D for remediation of groundwater from energy activities.
25.0
26.0
27.0
28.0
106.0
106.0
NE
Subtotal, Energy, Safety, & Environmental Protection
35.0
36.0
37.0
38.0
146.0
146.0
Subtotal, Title XII, Energy R&D Programs
6,167.2
6,648.2
7,228.2
7,849.2
75.0
27,842.8
301.0
28,143.8
TITLE XIII
CLIMATE CHANGE RESEARCH AND DEVELOPMENT a
Subtitle A
Department of Energy Programs
Sec. 1301
DOE global change research (part of Sec. 1251 total)
150.0
175.0
200.0
230.0
755.0
755.0
NE
Subtitle B
Department of Agriculture Programs
Sec. 1311
Carbon sequestration basic and applied research
25.0
25.0
25.0
25.0
100.0
100.0
NE
Sec. 1312
Carbon sequestration demonstration projects and outreach
10.0
10.0
10.0
10.0
40.0
40.0
NE
Sec. 1313
Carbon storage and sequestration accounting research
20.0
20.0
20.0
20.0
20.0
100.0
100.0
NE
Subtitle C
International Energy Technology Transfer
Sec. 1321
Clean energy technology exports program
ss
ss
ss
NE
Sec. 1322
International energy technology deployment program
100.0
100.0
100.0
100.0
100.0
500.0
400.0
900.0
NE

---

CRS-166
Senate
in millions FY 02*
FY 03*
FY 04
FY 05
FY 06
FY 07
FY02-07
FY08-11 FY 02-11
House
Subtitle D
Climate Change Science and Information
Part I
Amendments to the Global Change Research Act of 1990
Sec. 1336
Research Grants
17.0
17.0
17.0
17.0
17.0
85.0
68.0
153.0
NE
Part II
National Climate Services and Monitoring
Sec. 1344
Authorization of appropriations.
50.0
65.0
75.5
190.5
190.5
NE
Sec. 1346
International Pacific research and cooperation
3.5
3.5
3.5
NE
Sec. 1348
Arctic research and policy
ss
ss
ss
Sec. 1349
Abrupt climate change research (ss for FY09 - FY11)
10.0
10.0
10.0
10.0
10.0
50.0
10.0
60.0
NE
Part III
Ocean and Coastal Observing System
Sec. 1352
Authorization of appropriations
235.0
315.0
390.0
445.0
1,385.0
1,385.0
NE
Subtitle E
Climate Change Technology
Sec. 1365
Authorization of Appropriations
10.0
10.0
10.0
10.0
10.0
50.0
50.0
NE
Subtitle F
Climate Adaptation and Hazards Prevention
Part I
Assessment and Adaptation
Sec. 1371
Regional climate assessment and adaptation program
4.5
4.5
4.5
NE
Sec. 1372
Coastal vulnerability and adaptation assessment grants
6.0
6.0
6.0
6.0
6.0
6.0
36.0
24.0
60.0
NE
Sec. 1373
Arctic research center
35.0
35.0
35.0
NE
PART II
Forecasting and Planning Pilot Programs
Sec. 1383
Air quality research, forecasts, and warnings
8.0
3.0
3.0
3.0
17.0
17.0
NE
Sec. 1385
Authorization of appropriations
17.5
20.0
22.5
25.0
85.0
85.0
NE
Subtotal, Title XIII, Climate Change R&D
105.5
527.0
611.5
613.5
671.0
153.0
2,681.5
502.0
3,183.5

---

CRS-167
Senate
in millions FY 02*
FY 03*
FY 04
FY 05
FY 06
FY 07
FY02-07
FY08-11 FY 02-11
House
TITLE XIV
MANAGEMENT OF DOE SCIENCE AND TECHNOLOGY
PROGRAMS
Sec. 1402
Availability of funds. a
Sec. 1408
Technology infrastructure program.
10.0
10.0
20.0
20.0
NE
Sec. 1414
United States - Mexico energy technology cooperation
5.0
6.0
6.0
6.0
23.0
23.0
NE
TITLE XV
PERSONNEL AND TRAINING a
Sec. 1501
Workforce trends and traineeship grants.
ss
ss
ss
ss
ss
ss
NE
Sec. 1502
Postdoctoral & senior research fellowships in energy
ss
ss
ss
ss
ss
ss
NE
research.
Subtotal Division E
105.5
6,709.2
7,275.7
7,847.7
8,526.2
228.0
30,567.3
803.0
31,370.3
Division F
Technology Assessment and Studies
TITLE XVI
TECHNOLOGY ASSESSMENT
Sec. 1601
National Science and Technology Assessment Service.
ss
ss
ss
NE
DIVISION G Energy Infrastructure Security
TITLE XIII
CRITICAL ENERGY INFRASTRUCTURE
Subtitle B
Department of the Interior Programs
Sec. 1811
Outer Continental Shelf energy infrastructure security.
450.0
450.0
450.0
450.0
450.0
2,250.0
450.0
2,700.0
NE
Total Authorized Appropriations
196.0 16,662.3 12,297.1 13,014.1
9,672.6
753.4
52,470.3
1,313.0
53,783.3
NOTES:
ss = such sums as may be necessary
NE = no equivalent provision
*FY02 and FY03 columns include funds for other years when no year has been specified.

a Availability of Funds. Section 1402 says that appropriations authorized under certain titles shall remain available until expended. Those affected are titles XII (energy R&D),
XIII (climate change R&D), and XV (traineeships and fellowships).

---

CRS-168
Table 3. Authorized Appropriations in House-passed H.R. 4
House
in millions
FY 02*
FY 03
FY 04
FY 05
FY 06
FY 02-06
FY 07-11
FY 02-11
Senate
Division A Conservation
TITLE I --ENERGY CONSERVATION
Subtitle A --Reauthorization of Federal Energy Conservation Programs
Sec. 101. DOE Energy Conservation Programs Authorization
950.0
1,000.0
1,050.0
1,100.0
1,150.0
5,250.0
0.0
5,250.0
NE
Subtitle B --Federal Leadership in Energy Conservation
Sec. 121. Federal facilities and national energy security.
20.0
20.0
20.0
20.0
20.0
100.0
80.0a
180.0
NE
Sec. 125. Advanced building efficiency testbed.
18.0
18.0
0.0
18.0
Sec. 913
Sec. 128. Capitol complex.
2.0
2.0
2.0
6.0
0.0
6.0
NE
Subtotal, Federal Leadership
38.0
22.0
22.0
22.0
20.0
124.0
0.0
124.0
Subtitle C --State Programs
Sec. 131 Amendments to State energy programs.
70.0
100.0
100.0
125.0
395.0
0.0
395.0
Sec. 902
Sec. 132 Energy efficient schools (such sums through FY2010)
ss
ss
ss
ss
ss
ss
ss
ss
Sec. 903
Sec. 133 Weatherization Assistance Program
273.0
325.0
400.0
500.0
1,498.0
0.0
1,498.0
Sec. 901
Sec. 134 Low-Income Home Energy Assistance Program.
3,400.0
3,400.0
3,400.0
3,400.0
13,600.0
0.0
13,600.0
Sec. 901
Sec. 135 High performance public buildings.
ss
ss
ss
ss
ss
ss
ss
ssb
NE
Subtotal, State Programs
3,743.0
3,825.0
3,900.0
4,025.0
ss
15,493.0
0.0
15,493.0
Subtitle D --Energy Efficiency for Consumer Products
Sec. 141 Energy Star Program
ss
ss
ss
ss
ss
ss
ss
NE
Sec. 141A Energy Sun renewable and alternative energy program.
10.0
10.0
10.0
10.0
10.0
50.0
0.0
50.0
NE
Sec. 143 Appliance standards - HVAC maintenance
5.0
5.0
10.0
0.0
10.0
NE
Subtitle E --Energy Efficient Vehicles
Sec. 152. Railroad efficiency
25.0
30.0
35.0
90.0
0.0
90.0 Sec. 1214

---

CRS-169
House
in millions
FY 02*
FY 03
FY 04
FY 05
FY 06
FY 02-06
FY 07-11
FY 02-11
Senate
Subtotal, Efficiency (Title I)
4,771.0
4,892.0
5,017.0
5,157.0
1,180.0
21,017.0
0.0
21,017.0
TITLE II --AUTOMOBILE FUEL ECONOMY
Sec. 206 Federal fleet petroleum-based nonalternative fuels.
ss
ss
ss
ss
ss
ss
ss
NE
TITLE III --NUCLEAR ENERGY
Sec. 305 Cooperative research and development and special
10.0
10.0
10.0
30.0
0.0
30.0
demonstration projects for the uranium mining industry.
NE
Sec. 306 Maintenance of a viable domestic uranium conversion industry
0.8
0.8c
0.0
0.8
NE
TITLE V --FUELS
Sec. 504. Funding for MTBE contamination.
200.0
200.0c
0.0
200.0
Sec. 832
TITLE VIII --MISCELLANEOUS PROVISIONS
Sec. 801 Waste reduction and use of alternatives.
0.3
0.3
0.0
0.3
NE
Subtotal Division A
4,982.1
4,902.0
5,027.0
5,157.0
1,180.0
21,248.1
0.0
21,248.1
Division B Research & Development
TITLE I --ENERGY CONSERVATION AND ENERGY EFFICIENCY
Subtitle A --Alternative Fuel Vehicles
Sec. 2105. Alternative Fuel Vehicles
200.0
200.0c
0.0
200.0
NE
Subtitle C --Secondary Electric Vehicle Battery Use
Sec. 2133. Secondary Electric Vehicle Battery Use Program
1.0
7.0
7.0
15.0
0.0
15.0
NE
Subtitle D --Green School Buses
Sec. 2144. Green School Buses
40.0
50.0
60.0
70.0
80.0
300.0
0.0
300.0
NE
Subtitle F --Department of Energy Authorization of Appropriations
Sec. 2161. Energy Conservation
625.0
700.0
800.0
2,125.0
0.0
2,125.0
NE
Subtotal, DOE Efficiency
866.0
757.0
867.0
70.0
80.0
2,640.0
0.0
2,640.0

---

CRS-170
House
in millions
FY 02*
FY 03
FY 04
FY 05
FY 06
FY 02-06
FY 07-11
FY 02-11
Senate
Subtitle G --EPA Office of Air & Radiation Authorization of Appropriations
Sec. 2172. EPA Office of Air and Radiation (Climate Protection Prgs)
Sec. 1015
Buildings
52.7
54.8
57.0
164.5
0.0
164.5
Transportation
32.4
33.7
35.0
101.1
0.0
101.1
Industry
27.3
28.4
29.5
85.2
0.0
85.2
Carbon Removal
1.7
1.8
1.9
5.4
0.0
5.4
State and Local Climate
2.5
2.6
2.7
7.8
0.0
7.8
International Capacity Building
5.3
5.5
5.7
16.5
0.0
16.5
Subtotal, EPA Efficiency (CPP)
121.9
126.8
131.8
380.5
0.0
380.5
Subtotal, Efficiency (Title I)
987.9
883.8
998.8
70.0
80.0
3,020.5
0.0
3,020.5
TITLE II --RENEWABLE ENERGY
Subtitle A --Hydrogen
Sec. 2210. Matsunaga Hydrogen Research, Development and
Demonstration program
Sec. 1223
R&D
40.0
45.0
50.0
55.0
60.0
250.0
0.0
250.0
Demonstration
20.0
25.0
30.0
35.0
40.0
150.0
0.0
150.0
Subtitle B --Bioenergy
Sec. 2225. --Bioenergy
Sec. 1222
Biopower Energy Systems
45.7
52.5
60.3
69.3
79.6
307.4
0.0
307.4
Biofuels Energy Systems
53.5
61.4
70.6
81.1
93.2
359.8
0.0
359.8
Integrated Bioenergy R&D
49.0
49.0
49.0
49.0
49.0
245.0
0.0
245.0
Subtotal, Bioenergy
148.2
162.9
179.9
199.4
221.8
912.2
0.0
912.2
Subtitle D --Department of Energy Authorization of Appropriations
Sec. 2261. Renewable and Electric Energy Appropriations
535.0
639.0
683.0
1,857.0
0.0
1,857.0 Sec. 1211
Sec. 1213

---

CRS-171
House
in millions
FY 02*
FY 03
FY 04
FY 05
FY 06
FY 02-06
FY 07-11
FY 02-11
Senate
Sec. 1221
Subtotal, Renewables (Title II)
743.2
871.9
942.9
289.4
321.8
3,169.2
0.0
3,169.2
TITLE III --NUCLEAR ENERGY
Subtitle A --University Nuclear Science and Engineering
Sec. 2304. --University Nuclear Science and Engineering
NE
Graduate and Undergraduate Fellowships
3.0
3.1
3.2
3.2
3.2
15.7
0.0
15.7
Junior Faculty Research Initiation Grant Program
5.0
7.0
8.0
9.0
10.0
39.0
0.0
39.0
Nuclear Engineering Education Research Program
8.0
12.0
13.0
15.0
20.0
68.0
0.0
68.0
Communication & Outreach Related to Nuclear Science &
0.2
0.2
0.3
0.3
0.3
1.3
0.0
1.3
Engineering
Refueling of University Research Reactors & Instrumentation
6.0
6.5
7.0
7.5
8.0
35.0
0.0
35.0
Upgrades
Relicensing Assistance
1.0
1.1
1.2
1.3
1.3
5.9
0.0
5.9
Reactor Research and Training Award Program
6.0
10.0
14.0
18.0
20.0
68.0
0.0
68.0
University -DOE Laboratory Interactions
1.0
1.1
1.2
1.3
1.3
5.9
0.0
5.9
Subtotal, Subtitle A
30.2
41.0
47.9
55.6
64.1
238.8
0.0
238.8
Subtitle B --Advanced Fuel Recycling Technology Research and
Development Program
Sec. 2321 Program
10.0
ss
ss
10.0
0.0
10.0
NE
Subtitle C --Department of Energy Authorization of Appropriations
Sec. 2341 Nuclear Energy Research Initiative.
60.0
ss
ss
60.0
0.0
60.0
NE
Sec. 2342 Nuclear Energy Plant Optimization program.
15.0
ss
ss
15.0
0.0
15.0
NE
Sec. 2343 Nuclear Energy technologies.
20.0
ss
ss
20.0
0.0
20.0
NE
Sec. 2344. Nuclear Energy Operation & Maintenance 191.2
199.0
207.0
597.2
0.0
597.2 Sec.
1241
Idaho National Engineering and Environmental Laboratory

---

CRS-172
House
in millions
FY 02*
FY 03
FY 04
FY 05
FY 06
FY 02-06
FY 07-11
FY 02-11
Senate
Test Reactor Area Electric Utility Upgrade
0.1
1.2
1.7
3.0
0.0
3.0
Test Reactor Area Fire & Life Safety Improvements
0.5
0.5
0.5
0.5
2.0
0.0
2.0
Subtotal, Nuclear Energy (Title III)
327.0
241.7
257.1
56.1
64.1
946.0
0.0
946.0
TITLE IV --FOSSIL ENERGY
Subtitle A --Coal
Sec. 2401 Coal and related technologies programs.
172.0
179.0
186.0
537.0
0.0
537.0
NE
Subtitle B –Oil and Gas
Sec. 2424 Oil Shale Research
10.0
10.0
0.0
10.0 Sec. 1231
Subtitle C --Ultra-Deepwater and Unconventional Drilling
Sec. 2450 Loans for FY02 - FY09
900.0
900.0d
0.0
900.0
NE
Subtitle E --Department of Energy Authorization of Appropriations
Sec. 2481. Oil & Gas and Fuel Cells appropriations.
282.0
293.0
305.0
880.0
0.0
880.0
NE
Subtotal, Fossil Energy (Title IV)
1,364.0
472.0
491.0
0.0
0.0
2,327.0
0.0
2,327.0
TITLE V --SCIENCE
Subtitle A --Fusion Energy Sciences
Sec. 2505. Authorization of appropriations.
320.0
335.0
655.0
0.0
655.0 Sec. 1254
Subtitle B --Spallation Neutron Source [Oak Ridge National Laboratory]
Sec. 2522. Construction Funding
276.3
210.6
124.6
79.8
41.1
732.4
0.0
732.4
NE
Other Project Funding
15.4
103.3
118.7
0.0
118.7
Subtitle E --Department of Energy Authorization of Appropriations
Sec. 2581. Operation & Maintenance for the Office of Science
2,626.3
2,626.3
0.0
2,626.3 Sec. 1251
Research regarding Precious Metal Catalysis.
5.0
5.0
0.0
5.0
Fermi National Accelerator Lab, Neutrinos at the Main Injector
19.4
14.8
8.9
43.1
0.0
43.1
Oak Ridge National Lab, Laboratory for Comparative and
11.4
11.4
0.0
11.4

---

CRS-173
House
in millions
FY 02*
FY 03
FY 04
FY 05
FY 06
FY 02-06
FY 07-11
FY 02-11
Senate
Functional Genomics
Various Locations, Project Engineering Design
4.0
8.0
2.0
14.0
0.0
14.0
Various Locations, Multiprogram Energy Lab Infrastructure
3.2
3.2
0.0
3.2
Project Engineering Design
Various Locations, Multiprogram Energy Lab Infrastructure
18.6
13.0
31.6
0.0
31.6
Subtotal, Office of Science (Title V)
3,299.6
684.7
135.5
79.8
41.1
4,240.7
0.0
4,240.7
Subtotal Division B
6,721.7
3,154.1
2,825.3
495.3
507.0
13,703.4
0.0
13,703.4
Division E Clean Coal
Sec. 5005. Clean Coal Power Initiative
200.0
200.0
200.0
200.0
200.0
1,000.0
1,000.0
2,000.0 Sec. 1232
Subtotal Division E
200.0
200.0
200.0
200.0
200.0
1,000.0
1,000.0
2,000.0
Division F Energy Security
TITLE VIII --INSULAR AREAS ENERGY SECURITY
Sec. 6801. Insular areas energy security.
5.0
5.0
5.0
5.0
5.0
25.0
50.0
75.0
NE
Subtotal Division F
5.0
5.0
5.0
5.0
5.0
25.0
25.0
50.0
Total Authorized Appropriations
11,703.8
8,056.1
7,852.3
5,652.3
1,687.0
34,951.5
0.0
34,951.5
NOTES:
*FY2002 column includes funds for other years when no year has been specified.
ss - such sums as may be necessary (excluded from totals)
a 20 m each year through FY10.
b ss for FY02-10.
c total amount for FY02 - 06.
d total amount for FY02 - 09.
e total amount for FY03 - 06.
No authorizations in Divisions C & D.

---

CRS-174
Energy Tax Provisions3
Fossil Fuels Supply
Oil/Gas Exploration, Development, and Production
Provision
Current Law
Senate Bill
House Bill
Comments
Marginal oil and gas wells
Independent producers can claim
Sec. 2301. A $3 tax credit is
Sec. 3301. Generally the same as
Both bills limit the credit to 25
a higher depletion rate (up to
provided per barrel of oil
in the Senate bill, except that the
bpd or equivalent and to 1,095
25%, rather than the normal 15%)
(including heavy oil) and
House bill provides for the carry
barrels per year or equivalent.
for up to 15 barrels per day (bpd)
$0.50/thousand cubic feet (mcf)
back of any unused tax credit for
of oil (or the equivalent amount
of gas from marginal wells. The
up to 10 years. Under the Senate
of gas) from marginal wells
credit phases out as oil prices rise
bill, unused credits cannot be
(“stripper” oil/gas and heavy oil).
from $15 to $18 (and as gas
carried back to years prior to the
[IRC§613A(c)(6)]
prices rise from $1.67 to
bill’s enactment.
$2.00/mcf.)
3 Tax provisions in this table are organized by topic, rather than by Senate section number as in the rest of this report. To find a
specific numbered tax section, see the index following this table.

---

CRS-175
Provision
Current Law
Senate Bill
House Bill
Comments
Alaskan natural gas
No special tax incentive is
Sec. 2503. This section of the
No provision.
provided to natural gas produced
bill creates a new tax credit for
from Alaska’s north slope.
the production of natural gas
from Alaska’s North Slope area.
The credit would be the
difference between $3.25/mcf
(adjusted for inflation) and the
average monthly price for such
gas sold in the Alberta, Canada
market. In effect, the tax
provision establishes a price floor
of $3.25 for such gas. The credit
is recaptured in the event that gas
prices would rise above
$4.875/mcf.
Enhanced oil recovery
A 15% tax credit is provided for
No provision.
Sec. 3309. The House bill repeals
the costs of recovering oil by one
the minimum tax limitation on
of several selected tertiary
the enhanced oil recovery credit,
recovery techniques. The credit
thus allowing more of it to be
is part of the general business
claimed.
credit and is limited by the
minimum tax. [IRC§43]
Percentage depletion:
The percentage depletion
Sec. 2306. The suspension for
Sec. 3302. The House provision
The Job Creation and Worker
a) 100% net income
allowance is limited to 100% of
marginal oil and gas is extended
is the same as the Senate bill.
Assistance Act of 2002 (P.L. 107-
limit
taxable income from each
through December 31, 2006.
147), enacted on March 9, 2002,
property, but this limitation is
retroactively extended the
suspended through 12- 31-2003,
suspension for marginal oil and
for marginal oil and gas.
gas (which had expired on
[IRC§613A(c)(6)(H)]
December 31, 2001) through
December 31, 2003.

---

CRS-176
Provision
Current Law
Senate Bill
House Bill
Comments
b) 65% taxable income
The percentage depletion
No provision.
Sec. 3302. The 65% limitation
Thus, the Senate bill liberalizes
limit
allowance is also limited to 65%
on percentage depletion for oil
depletion for marginal oil and
of taxable income from all
and gas is suspended through
gas, while the House bill
properties.
December 31, 2006.
liberalizes depletion for all
[IRC§ 613A(d)]
independent producers of oil and
gas.
c) independent
An independent oil producer is a)
Sec. 2305. The 50,000 barrel
Sec. 3206. Generally the same as
producer status for
one that, on any given day, does
daily limit is raised to 60,000,
in the Senate bill, except that the
purposes of percentage
not refine more than 50,000
and it applies to the average over
limit is raised to 75,000 bpd.
depletion
barrels of oil, and b) does not
an entire taxable year, rather than
have retail operation grossing
on any day during the taxable
more than $5 million.
year.
[IRC§613A(d)]
Net operating losses
For losses reported in 2001 and
No provision.
Sec. 3305. Net operating losses
The Job Creation and Worker
2002, net operation losses may be
of oil and gas producers are
Assistance Act of 2002 (P.L. 107-
carried back 5 years; after 2002
allowed to be carried back for up
147), enacted on 3- 9-2002,
net operating losses can,
to 5 years.
retroactively allowed net
generally, only be carried back 2
operating losses to be carried
years. This applies generally to
back for 5 years, through 12-31-
all businesses. [IRC§172]
2002.
Intangible drilling costs
Oil and gas producers are
No provision.
Sec. 3308. The alternative
Independent producers were
(IDCs)
allowed to expense, rather than
minimum tax on IDCs is repealed
basically subject to the minimum
capitalize, certain IDCs. With
through 12-31- 2004. Integrated
tax on only 70% of their IDCs.
certain limitations, this deduction
oil companies are excluded.
The House provision implies that
is a tax preference item subject to
they no longer have to report
the alternative minimum tax.
their IDCs as a tax preference
[IRC§293(c), 57(a)(2)(e)]
item.
Geologic & geophysical
G&G costs for retained properties
Sec. 2307. G&G costs for
Sec. 3304. G&G costs on retained
The tax treatment of G&G costs
costs (G&G)
must be capitalized (via
retained properties are
properties are fully deductible in
on properties that are abandoned
depletion). Dry hole costs are
amortizable (deducted evenly)
the year incurred.
does not change – these costs are
expensed.
over 2 years.
fully deductible (expensed) in the
[IRC§263]
year incurred.

---

CRS-177
Provision
Current Law
Senate Bill
House Bill
Comments
Delay rentals
Under the uniform capitalization
Sec. 2308. Delay rental payments
Sec. 3303. Delay rental payments
rules, delay rental payments must
are deducted evenly
are fully deductible in the year
be capitalized (via depletion).
(amortizable) over 2 years.
paid.
[IRC§263,263A]
§29 credit for fuels from
A $3 tax credit ($1979) is
Sec. 2310. The credit is extended
Sec. 3306. The House bill also
Although biogases, such as
unconventional sources
available for each barrel (or
by 3 years for new facilities for
extends the credit and placed-in-
landfill gas, have qualified for the
equivalent) of fuels produced
producing most of the preexisting
service dates, and broadens the
credit, most of the benefits from
from unconventional sources or
qualifying fuels and placed in
types of qualifying fuels, but
this tax credit have accrued to
mined from unconventional
service through 12-31-2004. For
these differ from the Senate bill.
coalbed methane and to other
locations. For most fuels, the
biofuels from certain wastes, the
For new projects producing most
unconventional fossil gases. See
credit ends in 2002 for facilities
placed-in-service date is extended
types of the preexisting
CRS Report 97-679 E. Also, it is
and mines placed in service by
to 12-31-2004. For “older”
qualifying fuels the credit is
important to note the similarities
12-31-92; for biogases, the credit
facilities that produce coke and
extended by 4 years for facilities
and differences between this tax
ends in 2007 for facilities placed
other fuels from lignite, the
placed -in service through 12-31-
credit and the §45 tax credit, both
in service by 6-30-98. No credit
placed-in-service date is extended
2006. For existing, “older”
of which apply, in part, to certain
is available for facilities placed in
by 2 years through 12-31-2004.
facilities, a lower credit is
renewable resources. The §29
service after these cut-off dates
The Senate bill also expands the
extended from 2002 to 12-31-
credit is granted for the
(which apply to different fuels.)
list of qualifying fuels to include
2005 to build a facility (instead of
production and sale of the fuel,
[IRC §29]
refined coal that meets emissions
2004 in the Senate bill). For any
while the §45 tax credit is granted
reduction targets, heavy oil, and
production which would qualify
for the production of the
gas from a coal mine that will be
for a credit as a result of the
electricity from the fuel.
mined for coal.
broadening of the provision
Coordination between the two
under this bill, the quantity of
credits prevents “double
fuel qualifying for a tax credit
dipping.”
would be limited to 200,000
cubic ft/day of gas or equivalent.

---

CRS-178
Provision
Current Law
Senate Bill
House Bill
Comments
Tax benefits to American
Present tax law provides
Sec. 2501, 2502. The Senate bill
Sec. 3310. This House provision
The Job Creation and Worker
Indians
accelerated depreciation of
extends both subsidies through
extends both subsidies, but only
Assistance Act of 2002 (P.L. 107-
business property located on
December 31, 2005.
for energy-related businesses.
147), enacted on March 9, 2002,
Indian reservations, and an
Also, the extension is through
extended the incentives through
employment tax credit for wages
December 31, 2006, one year
December 31, 2004.
paid to American Indians. Both
longer than the Senate bill.
of these tax subsidies expire at
the end of 2004.
[IRC§45A, 168(j)]
Refining and Distribution
Provision
Current Law
Senate Bill
House Bill
Comments
Oil and gas pipelines
The recovery period for the
Secs. 2302, 2311. This provision
Secs. 3201, 3202. Natural gas
depreciation of oil and gas
clarifies the recovery periods by
gathering lines are assigned a 7
pipelines is 15 years; for natural
assigning natural gas gathering
year recovery period, but natural
gas gathering lines, it could be
lines a 7 year recovery period,
gas distribution lines are assigned
either 7 or 15 years, depending
and natural gas distribution lines
a 10 year recovery period.
upon whether they are classified
a 15 year recovery period.
as exploration or transportation
equipment.
[IRC§168(e)(3)]
Petroleum refineries
Assets used in petroleum refining
No provision.
Sec. 3203. Allows recovery of
are depreciated over 10 years.
petroleum refining assets over 7
[IRC§168(e)(3)]
years.

---

CRS-179
Provision
Current Law
Senate Bill
House Bill
Comments
Low sulfur diesel fuel
There are no special tax
Secs. 2303, 2304. Small refiners
Secs. 3204, 3205. The House
The Senate bill reduces the
incentives for refining of low
are permitted to expense (deduct
provision is generally the same as
fraction of expensable costs for
sulfur diesel fuel. Investments
in the year incurred), rather than
the Senate bill except that 1) only
taxpayers refining between
are recovered through
depreciate, the costs of
75% of the costs can be
155,000 and 205,000 barrels per
depreciation, generally over 10
complying with the new EPA
expensed, and 2) a small refiner
day. A similar limitation is
years. New, stricter EPA sulfur
sulfur regulations. A tax credit of
cannot refine more than 150,000
provided with respect to the per-
standards will go into effect in
$2.10/barrel of low sulfur diesel
barrels per day (compared to
barrel tax credit. It would also
2006. [IRC§168]
fuel is also provided for small
205,000 barrels in the Senate
(unlike the House bill) allow
refiners, limited to 25% of the
bill).
cooperatives to pass through the
capital costs.
credits to members.
Excise tax on train diesel
Diesel fuel used in train engines
No provision.
Sec. 3115. The 4.3¢ portion of
fuel
is taxed at 4.4¢/gal., comprising
the tax on train diesel would be
4.3¢, which goes into the general
phased-out by 1-1-2010.
fund, and 0.1¢, which goes into
the Leaking Underground
Storage Tank (LUST) trust fund.
[IRC§4041(a)(d)]
Excise tax on barge diesel
Diesel fuel used in barges is
No provision.
Sec. 3115. The 4.3¢ portion of
fuel
taxed at 24.4¢/gal., comprising 1)
the tax on barge diesel would be
20.1¢ that goes into the Inland
phased out by 1-1-2010.
Waterways Trust Fund, 2) 4.3¢,
which goes into the general fund,
and 3) 0.1¢, which goes into the
LUST trust fund.
[IRC§4042]

---

CRS-180
Provision
Current Law
Senate Bill
House Bill
Comments
Gasoline used on farms
Gasoline (and diesel) used on
Sec 2506. The Senate bill repeals
No provision.
farms is exempt from the motor
the waiver requirement and
fuels excise taxes (as are most
permits the aerial consumer of
other “off-highway” uses of
the fuel to claim the exemption if
motor fuels). The gasoline used
it is also the purchaser of the
in crop-spraying aircraft is
gasoline. Also, the Senate bill
exempt only to the extent it is
treats the gasoline consumed
used while actually spraying the
from the airport and the farm as
crops – gasoline used from the
on-farm use, thus qualifying for
airport to the farm is not exempt.
the exemption.
Further, the farmer must waive
the right to claim the exemption
in order for the “sprayer” to claim
the exemption. [IRC§6420(c)]
Commercial power
No special tax credit is available
Sec. 2009. Through 2004, a $250
No provision.
takeoff vehicles
to businesses that own refuse
tax credit is provided for each
collection trucks or cement
refuse truck with a load
mixing trucks. Such equipment
compactor and each cement truck
is depreciable property. Fuel
with a mixer drum. After 2004,
excise taxes are not generally
the Treasury Department will
imposed on off-highway fuel use
issue regulations that will reduce
such as in construction
the excise taxes on the fuel used
equipment. But there is no
to power the load compactor or
mechanism for crediting the
the drum, as the case may be.
excise tax paid by businesses on
that portion of the fuel used by
the trucks to power either the
load compactor or the mixer
drum.

---

CRS-181
Provision
Current Law
Senate Bill
House Bill
Comments
Excise taxes on
For virtually all domestic flights,
Sec. 2506. This section of the
No provision.
transportation by air
the airlines assess a 7.5% ad-
Senate bill expands the list of
valorem tax on the ticket price of
exempt uses, for purposes of the
all commercial airline passenger
passenger ticket tax and the
tickets, plus a tax surcharge of
domestic segment tax, to include
$2.75 assessed on each
transportation by fixed wing
passenger’s segment of a
aircraft used for forestry
domestic flight. Transportation
purposes. The definition of rural
by helicopter for certain specific
airport for purposes of the
uses is exempt. If a segment is to
domestic segment tax is also
or from a rural airport, the
modified.
domestic segment tax does not
apply. Commercial airlines that
transport property rather than
people are assessed an ad-
valorem tax, known as the cargo
waybill tax, of 6.25% of the
amount charged for shipping the
property or freight.
[IRC§4261, 4271]
Blend of diesel/water
Diesel fuel used in highway
No provision.
Sec. 3116. The 24.3¢ HTF
The Taxpayer Relief Act of 1997
emulsion fuel
vehicles is generally taxed at
component of the tax on
(P.L. 105-34) introduced the
24.4¢/gal., comprising the 24.3¢
emulsified blends of diesel and
practice of taxing alternative
Highway Trust Fund (HTF) rate,
water fuels is reduced to 19.7¢,
motor fuels, such as compressed
and the 0.1¢ LUST trust fund
reflecting the lower heat content,
natural gas (CNG),liquefied
rate. [IRC§4081]
measured in British thermal units
petroleum gas (LPG), and
(Btu’s), of the blended fuel.
liquefied natural gas (LNG), on
the basis of the Btu equivalence
to a gallon of gasoline.

---

CRS-182
Provision
Current Law
Senate Bill
House Bill
Comments
Utility purchases of
State and local governments
No provision.
Sec. 3213. Public power utilities
natural gas
cannot use the proceeds from tax-
are exempt from the arbitrage
exempt bonds to profit from
restrictions of the tax-exempt
arbitrage on natural gas
bond rules.
purchases.
[IRC§148]
Coal Provisions
Provision
Current Law
Senate Bill
House Bill
Comments
Clean coal technologies
There are no special tax breaks
Secs. 2201, 2211, 2212, 2221.
Secs. 3117, 3118. This provision
Clean coal technologies would
for clean coal technologies, either
Two new tax credits are created:
is very similar to the Senate bill,
essentially be conventional
for the investments, or the
1) a variable tax credit for
except that the investment tax
systems retrofitted with pollution
electricity produced therefrom.
investments in selected types of
credit is fixed at 10%, whereas in
control equipment that would
Pollution control equipment is
advanced clean coal
the Senate bill, it is based on a
meet strict standards; advanced
amortizable over 5 years (rather
technologies, and 2) a production
complex formula based on how
clean coal technologies are
than depreciated over 20 years).
tax credit for electricity generated
much of the national limits on
selected types that meet energy
[IRC§169]
from either advanced clean coal
aggregate investment in
efficiency standards, which
technologies, or existing coal-
advanced clean coal technologies
would vary by type of coal and
fired steam generators retrofitted
is allocated to each utility by the
increase over time.
with more energy efficient and
Treasury Secretary.
cleaner coal technologies.

---

CRS-183
Electricity Restructuring Provisions
Provision
Current Law
Senate Bill
House Bill
Comments
Open access and tax-
Current federal tax provisions
Sec. 2405. This provision eases
Sec. 3207. This section modifies
The amendments in the House
exempt bonds
relating to the use of tax-exempt
somewhat the restrictions in IRS
and liberalizes the private use
bill, which are made to the statute
bonds effectively preclude public
temporary regulations with
provisions of the current tax code
rather than any related
power entities with outstanding
respect to issuers of tax-exempt
by grand- fathering the tax
regulations, are much broader
bonds from participating in open-
bonds qualifying under the
exemption of existing bonds in
than in the Senate bill.
access restructuring plans
“output facilities” provisions and
return for the loss of the tax
because of the tax code’s private-
participating in open access
exemption for future new
use restrictions.
plans.
generation facilities.
[IRC§103, 141-147]
Sale or disposition of
Under present tax law, the sale of
Sec. 2404. Under this section,
Sec. 3208. Under this section,
transmission assets
electricity transmission or
gain from the sale or disposition
the sale or disposition of
distribution facilities is generally
of transmission assets is
transmission (but not
not considered to be an
recognized and included evenly
distribution) assets to implement
involuntary conversion, thus
over 8 years.
industry restructuring mandated
generally triggering a tax, which
by a state or the Federal Energy
could inhibit pro-competitive
Regulatory Commission (FERC)
sales of transmission and
is treated as a tax-exempt
distribution lines and facilities to
involuntary conversion, thus not
independent companies, for
triggering income tax in the case
example to create regional
of a capital gain.
transmission organizations
(RTOs). [IRC§451, 1033, 1245,
1250]

---

CRS-184
Provision
Current Law
Senate Bill
House Bill
Comments
Distribution of stock to
A corporation generally is
No provision.
Sec. 3209. This section creates
implement ferc
required to recognize gain on the
an exception to IRC §355(e) for
restructuring plans
distribution of property
the acquisition of stock (or
(including stock of a subsidiary)
assets) of any controlled
as if such property had been sold
corporation in a qualifying
for its fair market value. The
electric transmission transaction.
shareholders generally treat the
receipt of property as a taxable
event as well.
[IRC §355]
Nuclear decommissioning
Deductions for contributions into
Sec. 2402. The Senate bill
Sec. 3210. In addition to the
funds
a nuclear decommissioning fund
repeals provisions that limited the
amendments made by the Senate
are limited to the lesser of the
deduction to regulated utilities,
bill, the House provision further
amounts relating to the cost of
thus liberalizing the deduction in
liberalizes the tax treatment of
service regulations or the IRS’s
the context of utility restructuring
nuclear decommissioning costs.
ruling amount. Funds may be
and deregulation. It clarifies that
Unlike, the Senate bill, the House
transferred tax-free in connection
transfers of funds do not trigger a
provision allows a utility to make
with a change in ownership of the
tax, and that the actual
contributions into the fund in
nuclear facility to which they
decommissioning costs are
excess of the maximum amount
relate, but the transferee
deductible when paid rather than
established by the Internal
generally has to be a regulated
when the actual decommissioning
Revenue Service in certain
utility eligible to maintain such a
begins.
circumstances.
fund. In a deregulated and
restructured industry, ambiguity
regarding the tax treatment of
decommissioning fund transfers
may make such transactions
taxable.
[IRC§468A]

---

CRS-185
Provision
Current Law
Senate Bill
House Bill
Comments
Electric cooperatives
In general, cooperatives are
Secs. 2403, 2406. The income
Sec. 3211. The provision in the

exempt from tax although coop
received by a rural electric
House bill is generally the same
patrons must pay tax on any
cooperative from any open access
as the Senate bill, except that it
distributed profits as “patronage
transaction with a nonmember,
limits the types of income not
dividend.” Rural electric
and from certain other
counted against the 15% test.
cooperatives are also exempt
transactions, is excluded from the
from tax and members do not
15% test. Thus, participating in
have to report dividends,
open access restructuring plans
provided that no more than 15%
would not jeopardize
of the coop’s income is from
cooperatives’ tax exemption.
services to nonmembers.
[IRC§501,512]
Energy Efficiency
Business Sector
Provision
Current Law
Senate Bill
House Bill
Comments
Combined heat and power
No special tax subsidies are
Sec. 2108. Combined heat and
Sec. 3113. Same as in the Senate
Increasing the recovery period
systems
provided to combined heat and
power systems larger than 50
bill, except that it excludes back-
(slowing the depreciation
power (cogeneration) systems;
kilowatts (kW) would be treated
pressure steam turbines.
deductions) reduces somewhat
the recovery period for purposes
as business energy property, thus
the incentive effects of the 10%
of depreciation is generally 15
qualifying for the 10%
investment tax credit. The extent
years.
investment tax credit; the
of this effect is unclear without
recovery period is increased to 22
further analysis.
years. Property using back-
pressure steam turbines is also
eligible.

---

CRS-186
Provision
Current Law
Senate Bill
House Bill
Comments
Energy efficiency in
Energy efficiency property that is
Sec. 2105. Energy efficiency
Sec. 3110. Same as in the Senate
Both bills allow for designers of
commercial buildings
installed as part of a structure is
expenditures made with respect
bill.
energy efficiency items to claim
depreciable over 39 years – it has
to a commercial building is tax
this deduction if the items are
the same recovery period as the
deductible (rather than
installed in the buildings of
structure.
depreciable), subject to a limit
nontaxable entities.
[IRC.§168(c)]
equal to $2.25 x sq.ft. of the
building.
Residential Sector
Provision
Current Law
Senate Bill
House Bill
Comments
Energy-efficiency items in
No special tax treatment is
Secs. 2103, 2109. A tax credit,
Sec. 3108. A 20% tax credit up to
The major differences between
existing homes
accorded to homeowners for
ranging from $75-$250/unit, is
$2,000 of cost is provided for
the two bills is that the Senate bill
purchases of energy efficiency
provided for selected types of
energy efficiency improvements
also applies to selected types of
enhancing property.
new efficient heating and cooling
to existing homes.
energy efficient heating/cooling
units retrofitted to existing
technologies (furnaces, water
homes; other energy-efficiency
heaters, AC units); the House bill
improvements to the structure
applies only to “building
qualify for credits equal to 10%
envelope components,” such as
of the costs ($300 maximum).
insulation.
Energy-efficient new
No special tax break is available
Sec. 2101. A $1,250 tax credit is
Sec. 3109. This provision is very
homes
to builders who construct more
provided to a builder for the costs
similar to the Senate bill except
energy efficient new homes.
of property which makes both a
that the maximum credit is a flat
new home and any energy-using
$2,000 and the reduction in
equipment in the home more
heating/cooling costs need be
energy efficient, in the sense of
only by at least 30%.
reducing heating/cooling costs by
30% (the credit is $2,000 if such
costs are reduced by 50%.)

---

CRS-187
Provision
Current Law
Senate Bill
House Bill
Comments
Home appliances
There is no special tax incentive
Sec. 2102. A tax credit is
Sec. 3107. Same as in the Senate
for either the production or
provided to manufacturers of
bill.
purchase of energy efficient
more energy efficient washers
appliances (although regulations
and refrigerators: $50 for
set standards for energy use
washers, $100 for refrigerators,
efficiency and labeling).
subject to a cumulative per-
taxpayer credit of $30 million for
each type of appliance.
Energy management
Current law provides no special
Secs. 2106, 2107. A $30/unit tax
Secs. 3111, 3112. Same as in the
devices
tax incentives for meters,
deduction is provided to utilities
Senate bill.
thermostats, and other energy
for investment in energy
management devices that allow
management devices installed in
utilities or consumers to monitor,
residences or businesses; the
control, and, thereby possibly
recovery period for depreciation
conserve electricity or natural
purposes would be 3 years.
gas. Such property is depreciable
if used in a business.

---

CRS-188
Transportation Sector
Provision
Current Law
Senate Bill
House Bill
Comments
New hybrid vehicles
Under current law there is no tax
Secs. 2001, 2010. A tax credit is
Sec. 3104. Generally, the same as
credit for hybrid vehicles, but
provided to purchasers of hybrid
the Senate bill, except that a
they may qualify for a deduction
vehicles, ranging from $250-
slightly higher credit is provided
up to $2,000 as clean-fuel
$9,000 for cars and light trucks,
for more fuel efficient hybrid cars
vehicles.
and $4,000-$13,000 for heavy
and light trucks (an additional
[IRC§179A]
trucks. The precise credit
$1,000-$3,500 vs. $500-3,000 in
depends upon vehicle weight,
the Senate bill), depending on
power, and fuel efficiency. For
improvements in fuel efficiency
heavy trucks, the credit is
as compared with model year
increased further if they meet
2000 cars/light trucks. The
emissions performance standards.
House bill has an additional
bonus credit of either $250 or
$500 depending upon how much
fuel is saved over the vehicle’s
useful life.

---

CRS-189
Renewable and Alternative Fuels
Business Sector
Provision
Current Law
Senate Bill
House Bill
Comments
Electricity from
Electricity producers may claim a
Secs. 1901-1906. The Senate bill
Sec. 3102. The House bill has a
The Taxpayer Relief Act of 1997
renewable fuels
tax credit of 1.5¢/kilowatt hour
expands the list of qualifying
more limited expansion of the
(P.L. 105-34) retroactively
(kWh), in 1992 dollars, for
renewables to include coal co-
credit than the Senate bill. It
extended the placed-in-service
electricity produced from wind
fired with closed-loop biomass,
expands the list of renewables
deadline from 12-31-2001 to 12-
energy, "closed-loop" biomass, or
open-loop biomass (at 1.0¢
only to open-loop biomass and
31-2003. The Senate bill is much
poultry waste. [IRC§45]
instead of 1.5¢), swine and
landfill gas. Extends placed-in-
broader than the House bill,
bovine waste, geothermal, solar
service deadline to 12-31-2006.
although both bills exclude
energy, small irrigation power
The credit for open-loop biomass
municipal solid waste as a
facilities, municipal biosolids,
and landfill gas applies
qualifying renewable energy
and recycled sludge. The placed-
retroactively but the credit is
resource.
in-service deadline is extended
1.0¢ instead of 1.5¢, and is
from 12-31-2003 to 12-31-2006
available for 5 years instead of
(12-31-2004 for open- loop
the normal 10 years.
biomass, which has 3 years to
receive the credit instead of the
normal 10 years). The Senate
provision also allows 1) lessee-
operators (rather than owners) to
qualify for the tax credit; 2) tax-
exempt entities to sell or trade
any unused tax credits; and 3)
rural electric coops to use the tax
credits to pay back government
subsidized loans. Other
limitations are also liberalized or
repealed.

---

CRS-190
Provision
Current Law
Senate Bill
House Bill
Comments
Small ethanol producer
Present law provides fuel ethanol
Sec. 2005. This provision 1)
No provision.
tax credit
1) a 5.3¢ excise tax exemption
allows patrons of farmers’
(or a 53¢ blender’s tax credit),
cooperatives to qualify for the
and 2) 10¢/gal. tax credit for
10¢ small producer credit; 2)
small ethanol producers (one that
defines a small producer as one
produces less than 15 mil.
with <60 mil. gal. capacity; 3)
gal./year, and has less than 30
exempts the credit from the
mil. gal. in production capacity).
passive activity rules; 4) allows
Any credit claimed must be
the credit against the alternative
reported as income subject to tax.
minimum tax; and 5) exempts the
Cooperatives are tax-exempt and
credit from the regular income
therefore do not benefit from the
tax under IRC§87.
producer credit, which cannot
flow-through to patrons.
[IRC§40, 87, 4081]
Fuel ethanol and the
Present tax law toward fuel
Sec. 2006. Beginning on 10-1-
No provision.
highway trust fund
ethanol blends results in revenue
2003 the 2.5¢ component of the
losses to the Highway Trust Fund
tax on fuel ethanol blends will be
(HTF) of 7.8¢/gal., comprising
allocated into the HTF.
for 90/10 blends 1) the 5.3¢
exemption, and the 2.5¢ of the
13.1¢ taxable portion that is
allocated into the general fund.
[IRC§4081, 9503 (b)(4)]
ETBE used to produce
ETBE blended with gasoline
Sec. 2007. The Senate bill
No provision.
gasohol
qualifies for the same tax
permits refiners to claim the
advantages as ethanol blended
blender’s tax credit as a credit
with gasoline, but the blender’s
against excise taxes otherwise
credit on ethanol used to produce
due on the ETBE blended fuel.
ETBE can only be claimed by
The bill allows the transfer of
blenders.
such credit to any taxpayer with
[IRC§40,4081]
any gasoline excise tax liability.

---

CRS-191
Provision
Current Law
Senate Bill
House Bill
Comments
Biodiesel
Biodiesel has no special tax
Sec. 2008. The bill provides a tax
No provision.
break, and as a transportation fuel
credit – in the amount of 1¢ for
it is taxed at the same rate as
each 1% of biodiesel made from
petroleum diesel: 4.4¢ for trains,
virgin vegetable oil and blended
and 24.4¢ for barges and trucks.
petroleum diesel. The maximum
[IRC§4041, 4042, 4081]
credit is 20¢/gal. The tax credit
for recycled vegetable oil is ½ the
credit for virgin biodiesel. The
excise tax otherwise due on
highway biodiesel is reduced by
the amount of the tax credit.
Business use of renewable
A 10% tax credit is provided for
Sec. 2104. A tax credit is
Sec. 3103. A 10% tax credit is

technologies
investment in solar equipment
provided for business use of fuel
provided for investments in
used to 1) generate electricity
cells (in the amount of either
stationary fuel cells, subject to a
(including photovoltaic systems),
30% of the costs or $1,000/kW of
maximum credit of $1,000/kW of
2) used to heat or cool a
capacity, whichever is less) and
capacity.
structure, and 3) used for process
for stationary microturbine power
heat. Geothermal energy
plants (in the amount of 10% of
reservoirs qualify for a 15%
the costs, up to $200/kW).
percentage depletion allowance.
Electricity from wind
technologies receives the §45 tax
credit. The recovery period for
renewable technologies is 5
years. Fuel cells do not qualify
for tax subsidies.
[IRC§45,46,48, 613(e)]

---

CRS-192
Residential Sector
Provision
Current Law
Senate Bill
House Bill
Comments
Renewable energy
There are no tax subsidies for
Sec. 2103. A tax credit is
Secs. 3101, 3103. A 15% tax
Both bills include photovoltaic
technologies
residential applications of solar,
provided for residential
credit (up to $2,000) is provided
systems as qualifying solar
wind, and other renewable energy
applications of renewable
for residential solar (10% credit
property, but only the Senate bill
technologies.
technologies: 15% tax credit for
to residential fuel cells, up to
covers wind systems in personal
solar, 30% for wind, and 20% for
$1,000/kW of capacity).
dwellings.
fuel cells. The maximum credit is
$1,000 for fuel cells, and $2,000
for other technologies.
Transportation Sector
Provision
Current Law
Senate Bill
House Bill
Comments
Alternative-fuel vehicles
The incremental costs of an
Sec. 2001. A 40% tax credit is
Sec. 3104. Generally the same as
Both bills would allow lessors
alternative fuel vehicle are tax
provided for the incremental
the Senate bill, except that the
(under safe harbor leasing rules)
deductible, up to $2,000 for a car,
costs of an alternative fuel
credit ranges from 50%-80% (up
to qualify for the tax credit,
$50,000 for a truck. This applies
vehicle. An additional 30% tax
to $3,200-$38,000) based on
thereby benefitting tax exempt
to vehicles powered by LPG,
credit is available if the vehicle
weight and emissions standards.
entities such as state and local
LNG, CNG, hydrogen, E85 and
meets certain Clean Air Act
The House bill also 1) provides a
governments.
M85. The credit phases out
standards. The maximum credit
still higher tax credit for
beginning in 2002 and ending in
would be $5,000-$40,000
increases in fuel efficiency and
2004.
depending on vehicle weight.
lifetime fuel savings, and 2)
[IRC§179A]
covers “advanced clean-burn
technology vehicles,” which are
not in the Senate bill.

---

CRS-193
Provision
Current Law
Senate Bill
House Bill
Comments
New fuel cell vehicles
Fuel cell vehicles may qualify for
Sec. 2001. A tax credit is
Sec. 3104. Same as in the Senate
In both bills the fuel cell must be
the $4,000 electric vehicle tax
provided to purchasers of fuel
bill.
stored on board the vehicle.
credit (discussed below).
cell vehicles, ranging from
[IRC§30]
$4,000-$10,000 for cars and light
trucks, (depending upon vehicle
weight, and fuel efficiency) and
$$20,000- 40,000 for heavy fuel
cell trucks.
Alternative-fuel refueling
A maximum lifetime tax
Secs. 2003, 2010. The Senate bill
Sec. 3105. The House provision
The Senate bill would permit
stations
deduction, up to $100,000, is
replaces the current deduction
extends the current deduction
businesses that install refueling
provided for the costs of
with a 50% tax credit, through
through 2007.
equipment on property owned by
refueling property (excluding
2007, for the costs of clean-fuel
tax-exempt entities to also qualify
installation costs). This deduction
refueling equipment (subject to a
for the tax credit.
expires on 1-1-2005.
maximum tax credit of $30,000).
[IRC§179A]
It adds “residential clean-
refueling property” to qualifying
property, subject to a maximum
credit of $1,000. For hydrogen
refueling stations, the credit is
available through 2011.
Retail sale of alternative
Fuel ethanol (and methanol)
Sec. 2004. A 30¢/gal. tax credit
No provision.
fuels
qualify for excise tax exemptions.
(rising to 50¢/gal.) is provided
Fuel ethanol also qualifies for
for the retail sale of an alternative
blender’s and production tax
fuel (CNG, LNG, LPG,
credits. CNG and other
hydrogen, 85% ethanol, and 85%
alternative fuels are taxed at
methanol). The credit is based on
lower rates, as measured against
the gasoline equivalent of
the Btu equivalence of gasoline.
alternative fuel, rated at 114,000
Electricity used in vehicles is not
Btu’s/gal of gasoline.
taxed. There is no tax break for
the retail sale of alternative motor
fuels.
[IRC§40, 4041, 4081]

---

CRS-194
Provision
Current Law
Senate Bill
House Bill
Comments
Electric vehicles
A 10% tax credit, up to $4,000, is
Sec. 2002. The Senate bill
Sec. 3106. The provision in the
Under both bills, leases of electric
available for the costs of an
repeals the existing credit, and
House bill is very similar to the
vehicles would also qualify for
electric vehicle. The credit
provides a new tax credit ranging
Senate bill except that 1) the
the tax credit.
phases out from 2002-2004.
from $3,500-$40,000, depending
credit ranges from $4,000 -
[IRC§30]
on vehicle weight, payload
$40,000 in the case of standard
capacity, and driving range. A
electric vehicles, and 2) the
smaller tax credit (10% of costs
maximum credit for the slower
up to $1,500) is provided for
electric vehicles is $4,000 instead
electric vehicles with a maximum
of $1,500.
velocity of between 20-25 mph.
Miscellaneous Provisions
Provision
Current Law
Senate Bill
Senate Bill
Comments
Study of coalbed methane
Coalbed methane is one of the
Sec. 2309. The Secretary of the
No provision.
See An Economic Analysis of the
unconventional fuels that
Treasury shall study the effects of
§29 Tax Credit for
qualifies for the §29 tax credit.
the §29 tax credit on the
Unconventional Fuels. CRS
There is no provision in current
production of coalbed methane.
Report 97-679E.
law for the study of the effects of
the §29 tax credit on coalbed
methane.
Study of electricity
No part of current tax law directs
Sec. 2401. The Treasury
No provision.
restructuring tax issues
the Treasury Department to
Secretary shall undertake a study
study, and report to the Congress,
of the tax issues resulting from
the tax issues related to the
electricity industry restructuring,
restructuring of the electric utility
particularly the effects of tax-
industry.
exempt bonds on public power
and on corporate reorganization.

---

CRS-195
Provision
Current Law
Senate Bill
Senate Bill
Comments
Study of certain tax
There is no provision in the
Sec. 2502. GAO is directed to
No provision.
incentives
Internal Revenue Code directing
undertake an analysis of the
GAO to study the effects of the
effectiveness of tax incentives for
tax incentives for alternative
alternative motor vehicles and
motor fuels and for energy
energy efficiency investments.
efficiency.
Dyeing requirements for
Under a law that became
No provision.
Sec. 3212. This section repeals
The dyed fuel mandate was
diesel and kerosene fuel
effective on 1-1-2002 (before it
the dyeing mandate for diesel and
retroactively repealed by the Job
was retroactively repealed),
kerosene fuel.
Creation and Worker Assistance
terminal facilities that sold tax-
Act of 2002 (P.L. 107-147),
exempt diesel or kerosene had to
which as enacted on March 9,
dye the fuel.
2002. Thus the House provision
[IRC§4101]
is redundant.
Duty free sales of gasoline
Customs duties are imposed on
Sec. 2504. The Senate bill
No provision.
and diesel
the importation of commodities
provides that any gasoline or
into the U.S. The import duty on
diesel sold in duty-free shops will
gasoline and diesel fuel is
be considered entered for
52.5¢/barrel (1.25¢/gal.).
consumption, and therefore
Commodities sold in duty-free
subject to duty.
U.S. shops may be sold duty-free
if the commodity is not entered
into the U.S. (i.e., the commodity
must be exported back out of the
U.S.).
[Harmonized Tariff Schedule of
the U.S.; 19 U.S.C. 1555(b)]

---

CRS-196
Provision
Current Law
Senate Bill
Senate Bill
Comments
Energy credits and the
Under current law, energy-
No provision.
Secs. 3114, 3307. These two
alternative minimum tax
related income tax credits, and
sections makes the minimum tax
many of the non-energy tax
limitation inapplicable to several
credits, are aggregated and
of the personal and business
claimed as one general business
energy tax credits introduced by
credit, which is also subject to
the bill.
several limitations, including the
alternative minimum tax
limitation.
[IRC§38]
Water submetering
No special tax incentives are
Secs. 2110, 2111. The cost of
No provision.
devices
provided for meters and other
water submetering devices
water use management devices
installed in consumers residences
that allow utilities or consumers
or businesses is deductible by the
to monitor, control, and thereby
utility up to $30/unit; the
possibly conserve water. Such
recovery period for depreciation
property is depreciable if used in
purposes is 3 years.
a business.
Tax treatment of dairy
Involuntary conversions of
Sec. 2505. The Senate provision
No provision.
cattle
property or assets – such as from
treats the destruction of dairy
theft, fire, or actual or threatened
cattle infected with bovine
condemnation – are not generally
tuberculosis, as part of USDA’s
subject to tax i.e., any gain or
eradication program, as an
loss is not recognized, provided
involuntary conversion for tax
that the property is replaced
purposes, thus ensuring that no
within a specified period of time,
tax is triggered, provided that the
generally two years.
cattle are replaced within 4 years.
[IRC§1033]
The costs of disposing of the
infected cattle would be expensed
rather than depreciated.

---

CRS-197
Index of House Non-Tax Sections
House sections which are in italics appear in this report just after, or in a few cases just before, the corresponding Senate
section.
House
Senate
House
Senate
House
Senate
100- 101
901
206
806
2341
1243
121b
911
207
804
2342
1244
121f
912
301
521
2343
1245
121e
914
302- 304
542
2344
1241
122
915
305- 306
1245
2401
1231
122
916
307- 308
542
2421- 2424
1231
123
917
309
511
2441- 2451
1231
124
914
401
301
2461
1201- 1204
124d
923
402
301(c)
2481
1235
124
927
501- 502
837
2501- 2505
1254
125
913
503
839
2521- 2524
1254
125
1504
504
832
2541- 2542
1254
126
912
601
262
2543
1254
127
917
602
261
2561- 2562
1406
128
919
603
820B
2581
1251
131
902
604
820
2601(b)
1410
132
903
701
704(d)
2601- 2605
1414
133- 134
901
702
721
2603
1403
135
903
801
265
2611- 2616
1414
141A
263
802
811
2616
1405
141
926
803
2701
3107
905
142
925
2001- 2007
1201- 1204
3114- 3116
NE
143
924
2101- 2105
812
3203
NE
143
928
2121- 2128
1221, 1235
3209
NE
143c
929
2124
1215
3212
NE
151
812
2131- 2133
818
3213
NE
152
1214
2141- 2144
814- 816
3305
NE
153
817
2151- 2155
1213
3307- 3309
NE
154
840
2161
1211- 1212
4101
931
161
1701
2171- 2178
1015
4102
932
162
822
2181
1211
4103
933
162- 165
1709
2201- 2211
1223
4104
934
201
801
2221- 2225
1222
4105
935
202
803
2241- 2243
1261
4106
936
203
804
2261
1223
5000- 5008
1232
204
821
2301- 2304
1242
6101
1706
205
805
2321
515
6102
265

---

CRS-198
House
Senate
House
Senate
House
Senate
6103
1701
NE
706- 707
NE
1404
6104
721
NE
709- 713
NE
1407- 1409
6105
265
NE
741
NE
1411- 1413
6106
1706
NE
761- 770
NE
1501- 1507
6201- 6204
606
NE
771- 779
NE
1601
6221- 6225
602
NE
781- 783
NE
1703
6231
606
NE
802
NE
1705
6232- 6235
612
NE
807- 810
NE
1707- 1708
6235
1706
NE
813
NE
1801- 1805
6301- 6307
265
NE
819
6308
265
NE
820A
6401- 6404
301(c)
NE
823- 824
6501- 6511
1811
NE
831
6503
705
NE
833- 836
6508
708
NE
838
6512
265
NE
904
6601
265
NE
922
6602
401
NE
930
6701- 6704
1236
NE
940
6801
1702
NE
941- 950
6801
1704
NE
1001
7101
2701
NE
1011- 1016
NE
101- 102
NE
1021- 1022
NE
201- 210
NE
1031- 1032
NE
221- 230
NE
1101- 1111
NE
231- 238
NE
1215- 1216
NE
241- 245
NE
1221
NE
251- 258
NE
1233- 1235
NE
263- 264
NE
1237
NE
271- 272
NE
1252- 1253
NE
402- 408
NE
1261- 1262
NE
501- 509
NE
1301- 1302
NE
512- 514
NE
1311- 1313
NE
516
NE
1321- 1322
NE
531- 532
NE
1331- 1337
NE
541
NE
1341- 1349
NE
601
NE
1351- 1352
NE
603- 605
NE
1361- 1365
NE
607- 611
NE
1371- 1373
NE
613
NE
1381- 1385
NE
701- 704
NE
1401- 1402

---

CRS-199
Index of Senate and House Tax Sections.
Sorted by Senate.
Senate
House
Section in this report.
1900
3001
Short title
1901- 1906
3102
Renewable and Alternative Fuels: Business Sector
2001
3104
Energy Efficiency: Transportation Sector
2002
3106
Renewable and Alternative Fuels: Transportation Sector
2003
3105
Renewable and Alternative Fuels: Transportation Sector
2004- 2009
NE
Renewable and Alternative Fuels: Transportation Sector
2010
3104- 3105
Energy Efficiency: Transportation Sector
2101
3109
Energy Efficiency: Residential Sector
2102
3107
Energy Efficiency: Residential Sector
2103
3101
Energy Efficiency: Residential Sector
2103
3103
Energy Efficiency: Residential Sector
2103
3108
Energy Efficiency: Residential Sector
2104
3103
Energy Efficiency: Business Sector
2105
3110
Energy Efficiency: Business Sector
2106
3111
Energy Efficiency: Residential Sector
2107
3112
Energy Efficiency: Residential Sector
2108
3113
Energy Efficiency: Business Sector
2109
3108
Energy Efficiency: Residential Sector
2110- 2111
NE
Miscellaneous
NE
3114- 3116
Miscellaneous
2201
3118
Fossil Fuels Supply: Coal Provisions
2211
3117
Fossil Fuels Supply: Coal Provisions
2212
3118
Fossil Fuels Supply: Coal Provisions
NE
3213
Fossil Fuels Supply: Refining and Distribution
2221
NE
Fossil Fuels Supply: Coal Provisions
2301
3301
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
2302
3201
Fossil Fuels Supply: Refining and Distribution
2303
3204
Fossil Fuels Supply: Refining and Distribution
2304
3205
Fossil Fuels Supply: Refining and Distribution
2305
3206
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
2306
3302
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
2307
3304
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
2308
3303
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
2309
NE
Miscellaneous
2310
3306
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
2311
3202
Fossil Fuels Supply: Refining and Distribution
NE
3203
Fossil Fuels Supply: Refining and Distribution
NE
3305
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
NE
3307- 3309
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
2401
NE
Miscellaneous

---

CRS-200
Senate
House
Section in this report.
2402
3210
Electricity Restructuring Provisions
2403
3211
Electricity Restructuring Provisions
NE
3209
Electricity Restructuring Provisions
2404
3208
Electricity Restructuring Provisions
2405
3207
Electricity Restructuring Provisions
2406
3211
Electricity Restructuring Provisions
NE
3212
Miscellaneous
2501
3310
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
2502
NE
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
2503
NE
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
2504
NE
Miscellaneous
2505
NE
Miscellaneous
2506
NE
Fossil Fuels Supply: Refining and Distribution
2507- 2508
NE
Miscellaneous
Sorted by House
House
Senate
Section in this report.
3001
1900
Short title
3101
2103
Renewable and Alternative Fuels: Residential Sector
3102
1901- 1906
Renewable and Alternative Fuels: Business Sector
3103
2103
Renewable and Alternative Fuels: Residential Sector
3103
2104
Renewable and Alternative Fuels: Business Sector
3104
2001
Renewable and Alternative Fuels: Transportation Sector
3104- 3105
2010
Renewable and Alternative Fuels: Transportation Sector
3105
2003
Renewable and Alternative Fuels: Transportation Sector
3106
2002
Renewable and Alternative Fuels: Transportation Sector
3107
2102
Energy Efficiency: Residential Sector
3108
2103
Energy Efficiency: Residential Sector
3108
2109
Energy Efficiency: Residential Sector
3109
2101
Energy Efficiency: Residential Sector
3110
2105
Energy Efficiency: Business Sector
3111
2106
Energy Efficiency: Residential Sector
3112
2107
Energy Efficiency: Residential Sector
3113
2108
Energy Efficiency: Business Sector
3114
NE
Miscellaneous
3115- 3116
NE
Fossil Fuels Supply: Refining and Distribution
3117
2211
Fossil Fuels Supply: Coal Provisions
3118
2201
Fossil Fuels Supply: Coal Provisions
3118
2212
Fossil Fuels Supply: Coal Provisions
3201
2302
Fossil Fuels Supply: Refining and Distribution
3202
2311
Fossil Fuels Supply: Refining and Distribution
3203
NE
Fossil Fuels Supply: Refining and Distribution
3204
2303
Fossil Fuels Supply: Refining and Distribution
3205
2304
Fossil Fuels Supply: Refining and Distribution

---

CRS-201
House
Senate
Section in this report.
3206
2305
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
3207
2405
Electricity Restructuring
3208
2404
Electricity Restructuring
3209
NE
Electricity Restructuring
3210
2402
Electricity Restructuring
3211
2403
Electricity Restructuring
3211
2406
Electricity Restructuring
3212
NE
Miscellaneous
3213
NE
Fossil Fuels Supply: Refining and Distribution
3301
2301
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
3302
2306
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
3303
2308
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
3304
2307
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
3305
NE
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
3306
2310
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
3307
NE
Miscellaneous
3308- 3309
NE
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
3310
2501
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
NE
2004- 2009
Renewable and Alternative Fuels: Transportation Sector
NE
2110- 2111
Miscellaneous
NE
2221
Fossil Fuels Supply: Coal Provisions
NE
2309
Miscellaneous
NE
2401
Miscellaneous
NE
2502
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
NE
2503
Fossil Fuels Supply: Oil/Gas Exploration, Development, Production
NE
2504
Miscellaneous
NE
2505
Miscellaneous
NE
2506
Fossil Fuels Supply: Refining and Distribution
NE
2507- 2508
Miscellaneous

---

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---

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