Order Code RL32033
CRS Report for Congress
Received through the CRS Web
Omnibus Energy Legislation (H.R. 6):
Side-by-Side Comparison of Non-Tax Provisions
Updated September 9, 2003
Mark Holt and Carol Glover, Coordinators
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

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Omnibus Energy Legislation (H.R. 6):
Side-by-Side Comparison of Non-Tax Provisions
Summary
Continuing a legislative effort that began in the 107th Congress, the House and
Senate in the first session of the 108th passed two distinct versions of an omnibus
energy bill (H.R. 6), which would be the first comprehensive energy legislation in
more than 10 years.
Although Republicans are in the majority in both chambers, the conference on
H.R. 6 will be complicated by deep divisions within the Senate on energy policy.
Facing numerous amendments and limited floor time, the Senate set aside the energy
bill it had been considering in the 108th Congress (S. 14) and passed the text of last
year’s Senate energy bill (H.R. 4). Because last year’s bill was passed when the
Senate was under a Democratic majority, some Republican leaders have pledged to
re-insert provisions from this year’s S. 14 in conference.
The House version of H.R. 6, which passed April 11, 2003, 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 — with a
2,000-acre limitation on production and support facilities. The Senate version,
approved July 31, 2003, leaves ANWR off-limits to drilling.
The electricity provisions of H.R. 6 would continue to change the regulatory
requirements for the wholesale electric market. In general, with some differences,
both the House and Senate versions would repeal the Public Utility Holding
Company Act (PUHCA) and give the Federal Energy Regulatory Commission
(FERC) and state utility commissions access to utility books and records. Both
would also repeal the mandatory purchase requirement of the Public Utility
Regulatory Policies Act (PURPA) when a competitive electric market exists.
Automobile and light truck fuel efficiency was the subject of considerable
debate in both houses. The Senate version would require development of new
Corporate Average Fuel Economy (CAFE) standards, but it also would freeze
“pickup trucks” at the current light truck standard of 20.7 mpg. The House version
would authorize appropriations to NHTSA to conduct further rulemakings and would
require a study of the feasibility and effects of reducing automobile fuel use.
The House version of H.R. 6 includes a renewable fuel standard (RFS) that
would require the blending of 2.7 billion gallons of renewable fuel with gasoline in
2005. The required volume would rise to 5 billion gallons annually by 2015, while
the Senate version would require that target to be met by 2012. Several other
controversial environmental provisions are contained only in the Senate-passed bill,
particularly programs to address global climate change and renewable energy
requirements for electricity providers.
Tax provisions in the House and Senate bills are not included in this report.
No update of this report is planned.

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Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Major Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Arctic National Wildlife Refuge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Electricity Regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Motor Vehicle Fuel Economy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Nuclear Accident Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Renewable Fuel Standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Renewable Energy and Efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Overview of House and Senate Versions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Organization of Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Short Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Energy Conservation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Federal Leadership in Energy Conservation . . . . . . . . . . . . . . . . . . . . . . . . . 9
Energy Assistance and State Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Energy Efficient Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Oil and Gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Alaska Natural Gas Pipeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Strategic Petroleum Reserve . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Hydraulic Fracturing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Unproven Oil and Natural Gas Reserves Recovery Program . . . . . . . . . . . 27
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Hydroelectric . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Alternative Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Additional Hydropower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Nuclear Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Price-Anderson Act Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Miscellaneous Matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Vehicles and Fuels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Energy Policy Act Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Advanced Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Hydrogen Fuel Cell Heavy-Duty Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Electricity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Transmission Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Bonneville Power Administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Transmission Operation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Reliability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Public Utility Holding Company Act Amendments . . . . . . . . . . . . . . . . . . 66
Public Utility Regulatory Policies Act (PURPA) Amendments . . . . . . . . . 73
Renewable Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Market Transparency, Round Trip Trading Prohibition, and Enforcement . 78

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Consumer Protections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Merger Review Reform and Accountability . . . . . . . . . . . . . . . . . . . . . . . . 85
Study of Economic Dispatch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
Motor Fuels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
MTBE Cleanup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Automobile Efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Research and Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Energy Efficiency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Distributed Energy and Electric Energy Systems . . . . . . . . . . . . . . . . . . . 101
Renewable Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Nuclear Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
Fossil Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Science . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Energy and Environment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Department of Energy Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Clean School Buses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Indian Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Oil and Gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Biomass Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Arctic Coastal Plain Domestic Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
Hydropower . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Geothermal Energy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
Coal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Insular Areas Energy Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Clean Coal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
Hydrogen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
National Climate Change Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
Sense of Congress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
Climate Change Strategy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
Science and Technology Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
National Greenhouse Gas Database . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
Climate Change Science and Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189

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Department of Energy Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Department of Agriculture Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190
International Energy Technology Transfer . . . . . . . . . . . . . . . . . . . . . . . . 192
Climate Change Science and Information . . . . . . . . . . . . . . . . . . . . . . . . . 194
Amendments to the Global Change Research Act of 1990 . . . . . . . . 194
National Climate Services and Monitoring . . . . . . . . . . . . . . . . . . . . 197
Ocean and Coastal Observing System . . . . . . . . . . . . . . . . . . . . . . . . 199
Climate Change Technology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200
Climate Adaptation and Hazards Prevention . . . . . . . . . . . . . . . . . . . . . . . 202
Assessment and Adaptation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202
Forecasting and Planning Pilot Programs . . . . . . . . . . . . . . . . . . . . . 204
Critical Energy Infrastructure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
Department of Energy Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
Department of the Interior Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
Iraq Oil Import Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Index of Senate Non-Tax Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
List of Tables
Table 1. Major Non-tax Provisions of House and Senate Energy Bills . . . . . . . . . 6
Table 2. Authorizations in H.R. 6 as passed by the House. . . . . . . . . . . . . . . . . 210
Table 3. Authorizations in H.R. 6 as Passed by the Senate . . . . . . . . . . . . . . . . 218

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Omnibus Energy Legislation (H.R. 6):
Side-by-side Comparison of Non-tax
Provisions
Introduction
Continuing a legislative effort that began in the 107th Congress, the House and
Senate in the first session of the 108th passed two distinct versions of an omnibus
energy bill (H.R. 6), which would be the first comprehensive energy legislation in
more than 10 years.
Although Republicans are in the majority in both chambers, the conference on
H.R. 6 will be complicated by deep divisions within the Senate on energy policy.
Facing numerous amendments and limited floor time, the Senate set aside the energy
bill it had been considering in the 108th Congress (S. 14) and passed the text of last
year’s Senate energy bill. Because last year’s bill was passed when the Senate was
under a Democratic majority, some Republican leaders have pledged to re-insert
provisions from this year’s S. 14 in conference.
The House version of H.R. 6, which passed April 11, 2003, 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 — with a
2,000-acre limitation on production and support facilities. The Senate version,
approved July 31, 2003, leaves ANWR off-limits to drilling.
Both bills have extensive provisions to change the regulatory requirements for
the wholesale electric market, including repeal of the Public Utility Holding
Company Act (PUHCA). Both bills include provisions to address motor vehicle fuel
economy, nuclear accident liability, and authorizations of energy research and
development programs. Major provisions contained only in the Senate-passed bill
include programs to address global climate change and renewable energy
requirements for electricity providers (see Table 1).
This report summarizes the major non-tax provisions of the House- and Senate-
passed bills, provides a detailed side-by-side comparison, and lists annual funding
authorizations.
Tax provisions in the House and Senate bills are not included in this report.

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CRS-2
Major Provisions
Arctic National Wildlife Refuge. The congressional debate over whether
to open the Arctic National Wildlife Refuge (ANWR) to oil and gas leasing has
continued for more than 30 years. H.R. 6 as passed by the House would authorize
oil and gas exploration, development, and production in ANWR, with a 2,000-acre
limit on production and support facilities. Opponents of development in ANWR
expressed concern that the 2,000 acres would be spread out over vast areas of the
Refuge. The Senate-passed bill would keep ANWR closed to oil and gas activities.
Proponents of exploring ANWR point to advances in exploration and drilling
technology and methods that have significantly reduced the extent of surface
disturbance caused by oil and gas activities. While opponents concede this may be
so, they argue that the bill does not impose adequate requirements in this regard, that
surface disturbance represents only one of many environmental impacts, and that
considerable risk to the environment remains during all phases of development.
Some opponents, citing ANWR’s pristine character, argue that its ecology and habitat
should not be disturbed under any circumstances.
H.R. 6 was also amended on the floor to include language authorizing revenues
from bonus bids for leases in ANWR to be appropriated to the Low Income Home
Energy Assistance Program (LIHEAP). An amendment to strike the language
authorizing leasing and exploration of ANWR was defeated (197-228). (For
additional information, see CRS Issue Brief IB10111, The Arctic National Wildlife
Refuge: Controversies for the 108th Congress, and CRS Report RL31115, Legal
Issues Related to Proposed Drilling for Oil and Gas in the Arctic National Wildlife
Refuge.)
Electricity Regulation. Historically, electric utilities have been regarded as
natural monopolies requiring regulation at the state and federal levels. The Energy
Policy Act of 1992 (EPACT, P.L. 102-486) removed a number of regulatory barriers
to electricity generation in an effort to increase supply and introduce competition, but
further legislation has been introduced and debated to resolve remaining issues
affecting transmission, reliability, and other restructuring concerns.
Title VI of the House-passed H.R. 6 would, in part, provide for incentive-based
transmission rates, allow transmission owners in certain instances to exercise the
right of eminent domain to site new transmission lines, create an electric reliability
organization, and give new, but limited, authority to the Federal Energy Regulatory
Commission (FERC) over municipal and cooperative transmission systems.
In addition, the House bill would repeal the Public Utility Holding Company
Act (PUHCA) and give FERC and state public utility commissions access to books
and records, prospectively repeal the mandatory purchase requirement of the Public
Utility Regulatory Policies Act of 1978 (PURPA), and require utilities to provide
real-time rates and time-of-use metering. The House version of H.R. 6 would
establish market transparency rules, explicitly prohibit round-trip trading, and
significantly increase criminal penalties under the Federal Power Act.

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CRS-3
In general, the Senate version of the energy bill would repeal PUHCA and give
FERC and the state utility commissions access to utility books and records. It would
also repeal the PURPA mandatory purchase requirement when FERC finds that a
competitive electric market exists. In addition, the Senate-passed H.R. 6 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.
(For additional information, see CRS Report RL32728, Electric Utility
Regulatory Reform: Issues for the 109th Congress.)
Motor Vehicle Fuel Economy. One of the first initiatives designed to have
a significant effect on oil demand was passage of corporate average fuel economy
standards (CAFE) in the Energy Policy and Conservation Act of 1975 (EPCA, P.L.
94-163). In the years since, there have been periodic calls for stiffening or
broadening the CAFE standards — especially as consumer demand has turned more
to light-duty trucks and sport utility vehicles (SUVs).
Higher CAFE standards for light-duty trucks were released April 1, 2003, by the
National Highway Traffic Safety Administration (NHTSA), but congressional
interest in the issue continues. The House version of H.R. 6 would authorize
appropriations to NHTSA to conduct further rulemakings and would require a study
on the feasibility and effects of reducing automobile fuel use. An amendment to
require a 5% reduction in automotive fuel usage by 2010 was defeated (162-268) on
the House floor.
The Senate language — originally passed before the latest NHTSA rulemaking
— would require NHTSA to issue new CAFE standards, except for “pickup trucks.”
The provision would freeze the standard for pickup trucks at 20.7 miles per gallon,
the level in effect when the Senate first approved this language in 2002. The CAFE
freeze on pickup trucks, which are undefined, could shift at least some of the burden
for achieving fuel savings to the passenger automobile portion of the fleet.
(For additional information, see CRS Issue Brief IB90122, Automobile and
Light Truck Fuel Economy: The CAFE Standards.)
Nuclear Accident Liability. Reauthorization of the Price-Anderson Act
nuclear liability system is one of the top nuclear items on the energy agenda. Under
Price-Anderson, commercial reactor accident damages are paid through a
combination of private-sector insurance and a nuclear industry self-insurance system.
Liability is capped at the maximum coverage available under the system, currently
about $10.9 billion. Price-Anderson also authorizes the Department of Energy
(DOE) to indemnify its nuclear contractors. 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.

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CRS-4
The House version of H.R. 6 would extend Price-Anderson Act coverage
through August 1, 2017, while the Senate version would extend coverage for new
commercial reactors through August 1, 2012, and indefinitely extend DOE
indemnification authority. 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.
The nuclear industry contends that the system has worked well and should be
continued, but opponents charge that Price-Anderson’s liability limits provide an
unwarranted subsidy to nuclear power. The House version of H.R. 6 would also
require the Nuclear Regulatory Commission (NRC) to issue new regulations on
nuclear power plant security and to conduct force-on-force security exercises. The
proposed nuclear liability and security provisions are nearly identical to a
Price-Anderson extension bill passed by the House in the 107th Congress (H.R.
2983).
(For more information, see CRS Issue Brief IB88090, Nuclear Energy Policy.)
Renewable Fuel Standard. One of the most controversial provisions of the
energy legislation is the establishment of a renewable fuel standard (RFS) intended
to increase the use of ethanol and other renewable fuels. The provision was
supported by the oil industry, ethanol producers, and environmental groups.
However, critics argued that it would boost prices to consumers and create shortages.
The House version of H.R. 6 includes a renewable fuel standard (RFS) that
would require the blending of 2.7 billion gallons of renewable fuel with gasoline in
2005. Most of this would be met with ethanol, but other renewable fuels, including
biodiesel, would qualify. The required volume would rise to 5 billion gallons
annually by 2015. Further, the House version would eliminate the current
reformulated gasoline oxygen requirement.
The Senate version would also establish an RFS. The Senate RFS would be 2.3
billion gallons in 2004, increasing to 5.0 billion gallons in 2012. The Senate version
would also eliminate the reformulated gasoline oxygen requirement. Further, the
Senate version would ban the use of MTBE (a major competitor with ethanol)
because of groundwater contamination. The House version would not ban MTBE.
In addition to the above provisions, both bills would shield renewable fuels
suppliers and blenders from defective product liability. The House version would
provide similar protection for MTBE.

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CRS-5
(For additional information, see CRS Issue Brief IB10041, Renewable Energy:
Tax Credit, Budget and Electricity Production Issues.)
Renewable Energy and Efficiency. The Senate version of H.R. 6 would
require retail electricity suppliers (electric utilities, except for municipal and
cooperative utilities) to obtain a minimum percentage of their power from a portfolio
of new renewable energy resources. The minimum renewable energy target, or
Renewable Portfolio Standard (RPS), would start at 1% in 2005, rise at a rate of
about 1.2% every two years, and level off at 10% in 2019.
Eligible resources for the RPS include solar, wind, ocean, and geothermal
energy, most forms of biomass, landfill gas, and incremental hydropower.
Renewables used on site to reduce the measured demand from the grid (defined as
a “generation offset”) would also be 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. However, this aspect may be a focus of debate in conference.
Tradable credits would be created, which could be purchased in place of power
from other suppliers. The credits would function like the Clean Air Act emission
allowance trading system, which has lowered compliance costs for air pollution
regulations. Electricity suppliers could “borrow” from expected future credits to fill
a present shortfall or “carry forward” surplus credits to future years. A cost cap for
the credits is set as the lesser of 1.5 cents/kilowatt-hour (kwh) or 200% of the average
market value of the credits. The House version of H.R. 6 does not have an RPS
provision.
Both the House and Senate versions direct DOE to issue a rule that “determines
whether” an energy efficiency standard needs to be set for “standby mode” energy use
by battery chargers and external power supplies. Further, DOE is directed to create
voluntary programs to reduce standby mode energy use. Also, both versions legislate
standards for illuminated exit signs, torchieres, distribution transformers, and traffic
signal modules, and direct DOE to set standards by rulemaking for suspended ceiling
fans, vending machines, commercial refrigerators and freezers, and unit heaters.
Further, the Senate version directs DOE to “amend” the energy efficiency standard
for central air conditioners and heat pumps. Also, both versions direct federal
agencies to meet progressive annual 2% reductions in energy use by federal buildings
that culminate in a 20% overall reduction over 10 years.
(For additional information, see CRS Issue Brief IB10020, Budget, Oil
Conservation and Electricity Conservation Issues.)
Overview of House and Senate Versions
The House and Senate versions of H.R. 6 generally address similar areas of
energy policy, although there are significant differences. For example, only the
House bill would open ANWR to oil and gas activities, and only the Senate version
includes extensive provisions explicitly addressing global climate change. Table 1

---

CRS-6
briefly summarizes the major non-tax provisions of the House and Senate versions
of H.R. 6.
Table 1. Major Non-tax Provisions of
House and Senate Energy Bills
Provision
House
Senate
Electricity restructuring
Changes regulatory
Changes regulatory
requirements to
requirements to
emphasize competitive
emphasize competitive
market formation.
market formation.
Arctic National Wildlife
Opens ANWR to oil
No provision.
Refuge (ANWR)
and gas leasing.
Corporate Average Fuel
Authorizes further
Requires new CAFE
Economy (CAFE)
CAFE rulemakings.
standards, except for
pickup trucks.
Global climate change
No specific provisions.
Establishes federal
offices to focus on
global climate change,
establishes a national
greenhouse gas
database, authorizes
R&D.
Appliance efficiency
Requires new
Requires new
standards
standards for appliance
standards for central air
standby power and
conditioners, heat
several other uses of
pumps, appliance
electricity.
standby power, and
several other uses of
electricity.
Nuclear accident liability
Extends Price-
Extends Price-
(Price-Anderson Act)
Anderson coverage for
Anderson coverage for
new commercial
new commercial
reactors and DOE
reactors and DOE
contracts. Includes
contracts.
nuclear security
provisions.
Renewable energy content
Requires motor vehicle
Requires motor vehicle
in motor vehicle fuel
fuel sold in the United
fuel sold in the United
States to contain a
States to contain a
minimum volume of
minimum volume of
ethanol or other
ethanol or other
renewable fuel.
renewable fuel, bans
MTBE.

---

CRS-7
Provision
House
Senate
Renewable Portfolio
No provisions.
Requires electric
Standard
utilities to provide
minimum percentages
of power from new
renewable sources.
Energy Program
Authorizes $48.7
Authorizes $56.1
Authorizations, FY2002-
billion (see Table 2).
billion (see Table 3).
FY2006
Organization of Report
The remainder of this report provides a section-by-section summary comparison
of the non-tax provisions of H.R. 6 as passed by the House and Senate. The sections
are listed in numerical order as they appear in the House-passed version. Funding
authorizations are shown in separate tables following the side-by-side tables. A
numerical index of the Senate sections follows the authorization tables.
The following analysts in the CRS Resources, Science, and Industry Division
contributed to this report:
! Amy Abel, electric utilities;
! Robert Bamberger, energy security;
! Lynne Corn, ANWR;
! Carol Glover, Native American energy, general authorizations;
! Mark Holt, nuclear energy;
! Marc Humphries, federal energy leasing, coal, ANWR;
! Larry Kumins, oil and gas, ANWR;
! Jim McCarthy, Clean Air Act and MTBE;
! Dan Morgan, science programs;
! Kyna Powers, hydropower;
! Fred Sissine, conservation and renewable energy;
! Brent Yacobucci, alternative fuels, climate change.

---

CRS-8
Provision
Current Law
House
Senate
Comments
Energy policy.
No provision.
Sec. 2. It is the sense of the
No provision.
Congress that the United
States should take all actions
necessary in the areas of
conservation, efficiency,
alternative source, technology
development, and domestic
production to reduce the
United States’ dependence on
foreign energy sources from
58% to 45% by January 1,
2013.
Short Title1
Provision
Current Law
House
Senate
Comments
Short titles.
No provision.
Sec. 10001. This division may
Sec. 1. This Act may be cited
be cited as the “Energy Policy
as the “Energy Policy Act of
Act of 2003.”
2003.” Sec. 2. Table of
Contents.
1 Provisions are organized by House section numbers.

---

CRS-9
Energy Conservation
Federal Leadership in Energy Conservation
Provision
Current Law
House
Senate
Comments
Energy and water
Section 310 of the Legislative
Sec. 11001. The Architect of
Sec. 919. The Architect of the
saving measures in
Branch Appropriations Act of
the Capitol is required to plan
Capitol is required to plan and
congressional
1999 called for the Architect
and implement an energy and
implement an energy and
buildings.
of the Capitol (AOC) to
water conservation strategy
water conservation strategy
develop an energy efficiency
for congressional buildings
for congressional buildings
plan for congressional
that is consistent with that
that is consistent with that
buildings.
required of other federal
required of other federal
buildings. An annual report is
buildings. No funding
required. Up to $2 million is
authorization specified.
authorized.
Energy management
Section 202 of Executive
Sec. 11002. The baseline is
Sec. 911. The baseline is
requirements.
Order 13123 uses 1985 as the
updated from 1985 to
updated from 1985 to 2000
baseline for measuring federal
FY2001 and a new goal of
and a new goal of 20%
building energy efficiency
20% reduction is set for 2013.
reduction is set for 2011. At
improvements and calls for a
At that time, DOE is directed
that time, DOE is directed to
35% reduction in energy use
to assess progress and set a
assess progress and set a new
per gross square foot by 2010.
new goal for 2023.
goal for 2021.
Energy use
No existing requirement.
Sec. 11003. Federal buildings
Sec. 912. Federal buildings
measurement and
are required to be metered or
are required to be metered or
accountability.
sub-metered by late 2010, to
sub-metered by late 2004, to
help reduce energy costs and
help reduce energy costs and
promote energy savings.
promote energy savings.

---

CRS-10
Provision
Current Law
House
Senate
Comments
Fuel efficiency of the
Executive Order 13149,
No similar provision.
Sec. 821. Executive agencies
This provision largely
federal fleet of
issued by President Clinton
are required to increase the
codifies 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 by
FY2002 and 3 mpg in
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.
Federal building
Mandatory energy efficiency
Sec. 11004. DOE is directed
Sec. 913. DOE is directed to
performance
performance standards for
to set revised energy
set revised energy efficiency
standards.
federal buildings are set in
efficiency standards for new
standards for new federal
Section 305(a) of P.L. 94-385
federal buildings, 30% below
buildings.
and implemented through 10
industry or international
CFR Part 435.
standards.
Procurement of energy
Section 403 of Executive
Sec. 11005. Statutory
Sec. 914. Statutory authority
efficient products.
Order 13123 directs federal
authority is created that
is created that requires federal
agencies to purchase life-
requires federal agencies to
agencies to purchase Energy
cycle cost-effective Energy
purchase Energy Star or
Star or energy efficient
Star products.
energy efficient products
products designated by the
designated by the Federal
Federal Energy Management
Energy Management Program
Program (FEMP).
(FEMP).
Federal purchase
No existing requirement.
Sec. 263. Federal agencies are
requirement.
required to purchase power
produced from renewables,
starting at 3% in FY2003, and
rising to 7.5% in FY2010.

---

CRS-11
Provision
Current Law
House
Senate
Comments
Energy savings
Section 801(c) of the National
Sec. 11006. Federal agencies
Sec. 915. Same.
performance contracts.
Energy Conservation Policy
are empowered to continue
Act (NECPA, P.L. 95-619)
using energy savings
provides for federal use of
performance contracts
energy savings performance
indefinitely.
contracts (ESPCs) through the
end of FY2002.
Energy savings
Section 804(2) of NECPA
No similar provision.
Sec. 916. The definition of
performance contract
provides definitions for
energy savings is expanded to
definitions.
ESPCs.
include a reduction in water
costs.
Review of energy
No existing requirement.
No similar provision.
Sec. 917. DOE is required to
savings performance
report to Congress on barriers
contract program.
to the ESPC program and
ways to improve its
effectiveness.
Federal energy bank.
No existing requirement.
No similar provision.
Sec. 918. A fund is
established in the U.S.
Treasury that can be used for
loans to federal agencies for
energy and/or water
efficiency.
Voluntary
While there is no current
Sec. 11007. DOE is
Sec. 921. Same.
commitments to reduce
statutory authority, industry
authorized to form voluntary
industrial energy
energy efficiency programs
agreements with industry
intensity.
have been in place, such as
sectors or companies to
the former Climate Wise
reduce energy use per unit of
program at the Environmental
production by 2.5% per year.
Protection Agency (EPA).

---

CRS-12
Provision
Current Law
House
Senate
Comments
Federal agency
Section 546(c) of NECPA
Sec. 11008. Federal agencies
No provision.
participation in
authorizes and encourages
are encouraged to participate
demand reduction
federal agencies to participate
in state and regional demand-
programs.
in utility incentive programs
side reduction programs.
to increase energy efficiency
and water conservation.
Advanced Building
New program.
Sec. 11009. DOE is required
No provision.
Efficiency Testbed.
to create a program to
develop, test, and demonstrate
advanced federal and private
building efficiency
technologies.
Increased use of
No existing requirement.
Sec. 11010. Requires
Sec. 920. Same.
recovered mineral
federally funded projects to
component in federally
increase the procurement of
funded projects
cement and concrete that uses
involving procurement
recovered material.
of cement or concrete.
Use of photovoltaic
No existing requirement.
Sec. 11011. The General
No provision.
energy in public
Services Administration
buildings.
(GSA) is authorized to
encourage use of photovoltaic
solar energy systems in new
and existing buildings.
Telecommuting study.
No existing requirement.
Sec. 11012. The Secretary of
No provision.
Energy shall study the energy
conservation potential of
telecommuting by federal
employees.

---

CRS-13
Provision
Current Law
House
Senate
Comments
Fuel efficiency of the
Executive Order 13149,
No provision.
Sec. 821. Executive agencies
These provisions largely
federal fleet of
issued by President Clinton
are required to increase the
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 by
FY2002 and 3 mpg in
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-14
Energy Assistance and State Programs
Provision
Current Law
House
Senate
Comments
LIHEAP and
Department of Health and
Sec. 11021. Increased
Sec. 901. Increased funding is
weatherization
Human Services funding for
funding is authorized for
authorized for LIHEAP and
assistance.
the Low-Income Home
LIHEAP and Weatherization
Weatherization grant
Energy Assistance Program
grant programs for FY2004
programs for FY2003 through
(LIHEAP) is currently
through FY2006.
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. DOE State Energy
Program funding is
authorized through FY2003
under 42 U.S.C. 6322.
State energy programs.
Authorization expired.
Sec. 11022. New require-
Sec. 902. Increased funding is
ments are set for state energy
authorized for FY2003
conservation goals and plans.
through FY2005 for the DOE
Also, increased funding is
State Energy grant programs.
authorized for FY2004
Also, new requirements are
through FY2006 for DOE
set for state energy
State Energy grant programs.
conservation goals and plans.
Energy efficient
No existing program.
Sec. 11023. DOE is
Sec. 905. DOE is required to
appliance rebate
authorized to fund rebate
fund rebate programs in
programs.
programs in eligible states to
eligible states to support
support residential end-user
residential end-user purchases
purchases of Energy Star
of Energy Star products.
products.

---

CRS-15
Provision
Current Law
House
Senate
Comments
Energy-efficient public
No existing program.
Sec. 11024. A grant program
Sec. 903. DOE is directed to
buildings.
is created for energy-efficient
create a High Performance
renovation and construction
Schools Program, a grant
of local government
program for using energy-
buildings.
efficient measures in the
renovation and construction
of schools.
Low income
No existing program.
Sec. 11025. A pilot energy-
Sec. 904. A pilot energy-
community energy-
efficiency program is created
efficiency program is created
efficiency pilot
for local governments,
for community development
program.
community development
corporations and Native
corporations, and Native
American economic
American economic
development entities.
development entities.

---

CRS-16
Provision
Current Law
House
Senate
Comments
Rural and Remote
No provision.
No provision.
Secs. 941-950. In general, the
Community Fairness
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 $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]
Consumer Energy
No provision.
No provision.
Sec. 1705. An 11-member
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.

---

CRS-17
Energy Efficient Products
Provision
Current Law
House
Senate
Comments
Energy Star program.
Section 403 of Executive
Sec. 11041. DOE and EPA
Sec. 926. DOE and EPA are
Order 13123 directs federal
are given statutory authority
given statutory authority for
agencies to purchase life-
for the Energy Star program.
the Energy Star program.
cycle cost-effective Energy
Star products.
Consumer education
No existing program.
Sec. 11042. DOE is required
Sec. 929. A public education
on energy efficiency
to implement a public
program is authorized that
benefits of air
education program for
would address the energy-
conditioning, heating,
homeowners and small
saving benefits of improved
and ventilation
businesses that explains the
maintenance for certain
maintenance.
energy-saving benefits of
equipment. Also, the Small
improved maintenance for
Business Administration is
certain equipment. Also, the
directed to assist small
Small Business Adminis-
businesses in becoming more
tration is directed to assist
energy efficient.
small businesses in becoming
more energy efficient.
Additional definitions.
Energy terms are defined in
Sec. 11043. Definitions are
Sec. 923. Terms are defined
various statutes.
provided for several types of
for provisions in the
home appliances, consumer
subsequent sections.
products, and energy-using
equipment.
Additional test
No existing requirement.
Sec. 11044. Procedures are
Sec. 924. Test procedures are
procedures.
prescribed for testing the
prescribed for exit signs,
energy efficiency of several
traffic signals, and
types of consumer and
transformers, and DOE is
commercial products.
directed to set procedures for
ceiling fans, vending
machines, and commercial
refrigerators.

---

CRS-18
Provision
Current Law
House
Senate
Comments
Energy conservation
There are no existing
Sec. 11045. DOE is directed
Sec. 922. DOE is authorized
standards for
requirements for standby
to issue a rule that determines
to set energy efficiency
additional consumer
mode nor for the additional
whether efficiency standards
standards for commercial
and commercial
products identified.
shall be set for standby mode
appliances and products.
products.
in battery chargers and
external power supplies.
Sec. 928. DOE is directed to
Energy efficiency standards
issue a rule that determines
are set by statute for exit
whether an energy efficiency
signs, traffic signals,
standard needs to be set for
torchieres, and distribution
the standby operating mode
transformers. Also, DOE is
of certain appliances.
directed to issue a rule that
prescribes efficiency
standards for ceiling fans,
vending machines,
commercial refrigerators and
freezers, and unit heaters.
Energy labeling.
Section 324(a) of the Energy
Sec. 11046. FTC is required
Sec. 925. FTC is required to
Policy and Conservation Act
to issue a rule that addresses
issue a rule that addresses
(P.L. 94-163) directed the
changes to improve the
changes to improve the
Federal Trade Commission
effectiveness of energy labels
effectiveness of energy labels.
(FTC) to issue a rule for
for consumer products. Also,
Also, DOE is directed to
energy efficiency labels on
DOE or FTC is directed to
prescribe labeling
consumer products (42 U.S.C.
prescribe labeling require-
requirements for products
6294).
ments for products added by
added by this title of the bill.
this section of the bill.
Energy conservation
Section 546(c) of NECPA, as
No similar provision
Sec. 927. DOE is directed to
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.

---

CRS-19
Provision
Current Law
House
Senate
Comments
Study of energy
No existing provision.
Sec. 11047. DOE is directed
Sec. 930. DOE is directed to
efficiency standards.
to have the National
have NAS study how the
Academy of Sciences (NAS)
effectiveness of standards
study how the effectiveness
may be influenced by
of standards may be
measures that focus either on
influenced by measures that
energy end-use or on the full
focus either on energy end-
fuel cycle.
use or on the full fuel cycle.
Oil and Gas
Alaska Natural Gas Pipeline
Provision
Current Law
House
Senate
Comments
Short title.
The Natural Gas Act (NGA)
Sec. 12001. Short Title is
Secs. 701 and 703. This
gives FERC authority to
“Alaska Natural Gas Pipeline
subtitle may be called the
certificate interstate pipelines.
Act of 2003.”
“Alaska Natural Gas Pipeline
The Alaska Natural Gas
Act of 2003.” 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.

---

CRS-20
Provision
Current Law
House
Senate
Comments
Findings and purposes.
No provision.
Sec. 12002. The pipeline is in
Sec. 702. North Slope gas
While ANGTA remains in
the national interest and
supply is declared to be in the
effect, there has been scant
fosters energy security. The
national interest.
progress in many years. The
purpose of the bill is to
bill would offer a fast track
provide the project with an
regulatory process, in addition
alternative statutory
to reinforcing longstanding
framework to that of the
plans for the Alaska Highway
Alaska Natural Gas
route.
Transportation Act of 1976
(ANGTA), which remains in
FERC has issued a certificate
effect.
for the Alaska Gas Transport
System
Definitions.
No provision.
Sec. 12003. “Alaska natural
Sec. 713. This section defines
This language defines Alaska
gas” is gas derived from north
the concept of Alaska natural
North Slope (ANS) gas in
of 64 degrees North latitude,
gas as applying to the North
such a way as to preclude a
and the “Alaska natural gas
Slope, including the
northern route under the
transportation project” is a
Continental Shelf. It also
Beaufort Sea to Canada’s
pipeline that carries Alaska
defines the pipeline system as
Mackenzie Delta.
gas to the Alaska-Canada
that part within the United
border.
States, and subject to FERC
jurisdiction.
Issuance of certificate
No specific provision.
Sec. 12004. The Federal
Sec. 704(d). No federal
This fast-tracks the regulatory
of public convenience
Energy Regulatory
approval may be granted for
process and excludes the
and necessity.
Commission (FERC) must
any natural gas pipeline
Beaufort Sea proposal, which
issue a certificate
transiting submerged lands or
would aid Canadian Arctic
within 60 days to an applicant
the shoreline of the Beaufort
gas development.
meeting the requirements of
Sea, or for any gas pipeline
the Natural Gas Act (NGA),
crossing the U.S.-Canadian
based on public need and
border north of 68 degrees
adequate capacity on the
north latitude.
delivery end of the Alaska
pipeline. A proposed
Northern route is denied
certification.

---

CRS-21
Provision
Current Law
House
Senate
Comments
Environmental
The National Environmental
Sec. 12005. Certification of
Sec. 705. FERC is designated
reviews.
Policy Act (NEPA) calls for
this project would be a major
as the lead agency for
environmental review and
federal action NEPA. FERC
environmental reviews of an
analysis.
is designated as the lead
Alaska gas pipeline. FERC
agency, preparing an
must issue a draft
environmental impact
environmental impact
statement and coordinating
statement (EIS) within 12
other agencies’ activities.
months after determining the
FERC is directed to issue a
pipeline certificate
draft statement within 12
application is complete. The
months.
final EIS is to be issued 6
months after the draft
statement.
Pipeline expansion.
No specific provision.
Sec. 12006. FERC must
Sec. 706. FERC has authority
assure that shipping rates for
to order pipeline expansion,
expanded capacity would not
contingent upon approved
result in subsidization of
tariffs and firm shipper
expansion shippers by
agreement.
existing shippers. Such rates
must ensure that the added
capacity would not jeopardize
pipeline economics or
environmental and
operational aspects.

---

CRS-22
Provision
Current Law
House
Senate
Comments
Federal coordinator
ANGTA, NGA both address
Sec. 12007. A Federal
Sec. 704. FERC must issue a
and expedited
certification procedures.
Coordinator, appointed by the
certificate for a proposed
certification.
President, is established to
Alaskan gas pipeline based on
ensure that federal agencies
Natural Gas Act criteria,
expeditiously discharge
notwithstanding the Alaska
responsibilities for the
Natural Gas Transportation
pipeline.
Act. A certificate must be
issued within 60 days of a
final environmental impact
statement.
Sec. 707. A new executive
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 provision.
Sec. 12008. Disputes under
Sec. 708. Legal challenge to
this law must be adjudicated
agency actions under this bill
in the U.S. Court of Appeals
are directed to the U.S. Court
for the D.C. Circuit.
of Appeals for the D.C.
Circuit.
State jurisdiction over
No provision.
Sec. 12009. Alaska shall
Sec. 709. Intrastate gas
This offers Alaskan
in-state delivery of
retain jurisdiction over gas
deliveries will not be
consumers the right of first
natural gas.
sold within the state, as well
regulated by FERC.
refusal.
as future intra-state pipelines.

---

CRS-23
Provision
Current Law
House
Senate
Comments
Study of alternative
No provision.
Sec. 12010. If no application
Sec. 711. If no commercial
means of construction.
for a certificate is filed within
pipeline application is filed
18 months, the Secretary of
within 18 months of
Energy will study pipeline
enactment, DOE is instructed
alternatives and report the
to conduct a study of having
findings to Congress.
the project undertaken by a
government corporation.
Loan guarantee.
No provision.
No provision.
Sec. 710. Loan guarantees of
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.
Clarification of
No provision.
Sec. 12011. FERC may
Sec. 712. Nothing in this bill
ANGTA status and
modify permits but not
affects ANGTA. DOE has
authorities.
change the fundamental
authority to amend existing
nature of the pipeline as
transport plan to bring it up to
designated in the President’s
date.
decision under ANGTA.
Sense of Congress.
No provision.
Sec. 12012. It is the sense of
Sec. 714. It is the sense of the
Congress that the pipeline
Senate that commercial-
will provide significant
ization of Alaskan gas is
economic benefits to the
economically important to
United States and Canada.
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.

---

CRS-24
Provision
Current Law
House
Senate
Comments
Participation of small
No provision.
Sec. 12013. It is the sense of
No provision.
business concerns.
Congress that small business
concerns should participate to
the maximum extent possible.
The General Accounting
Office (GAO) shall study
small business participation
and report to Congress 1 year
after enactment, and at least
once every 5 years thereafter.
Alaska pipeline
A workforce investment
Sec. 12014. The Secretary of
Sec. 715. The Secretary of
construction training
system has been established
Labor is authorized to make
Labor is to report to Congress
program.
in the State of Alaska under
grants through the Alaska
within 6 months on the
the Workforce Investment
workforce development
training requirements needed
Act of 1998 (112 Stat. 936 et
system to train workers for
for Alaska residents to
seq.).
gas pipeline jobs.
participate in pipeline
construction. The Secretary
is tasked with establishing
such program within 1 year of
the report.

---

CRS-25
Strategic Petroleum Reserve
Provision
Current Law
House
Senate
Comments
Full capacity of
The Administration currently
Sec. 12101. The SPR must be
Sec. 609. The President must
Strategic Petroleum
is seeking, subject to market
filled to its current capacity
fill the SPR to its current
Reserve.
conditions, to fill the Strategic
“by the most practicable and
capacity “as soon as
Petroleum Reserve (SPR) to
cost-effective means,”
practicable” by the “most
its current capacity of 700
including collection of
practicable and cost-effective
million barrels as
royalty-in-kind oil. The fill
means.”
expeditiously as possible.
rate should have a minimum
effect on oil markets.
Strategic Petroleum
No provision.
Sec. 12102. The Secretary of
No comparable provision.
Reserve expansion.
Energy must transmit a plan
to Congress for expansion of
the SPR to 1 billion barrels.
Following the plan, the
Secretary is to acquire
property and build the
additional capacity, for which
the legislation would
authorize $1.5 billion.
Permanent authority to
SPR operating authority
Sec. 12103. Authorization of
Sec. 601. Authorization of
This provision would avoid
operate the Strategic
expires at the end of FY2003
the Strategic Petroleum
the Strategic Petroleum
periods such as was
Petroleum Reserve and
under the Energy Policy and
Reserve is made permanent,
Reserve is made permanent,
experienced in 2000, when
other energy
Conservation Act (EPCA,
subject to appropriations.
subject to appropriations.
authorization expired at the
programs.
P.L. 94-163).
This eliminates the need for
This eliminates the need for
end of March and Congress
periodic reauthorization.
periodic reauthorization.
was unable to reach
agreement on reauthorization
until November.

---

CRS-26
Hydraulic Fracturing
Provision
Current Law
House
Senate
Comments
Hydraulic fracturing.
The Safe Drinking Water Act
Sec. 12201. SDWA’s
Sec. 610. EPA is required to
Hydraulic fracturing involves
(SDWA) requires controls on
definition of “underground
conduct a study of the effects
the injection of fluids into
underground injection of
injection” (42 U.S.C.
of hydraulic fracturing of
underground formations to
fluids to protect sources of
300h(d)) is amended to
hydrocarbon-bearing geologic
enhance the recovery of oil
drinking water (42 U.S.C.
exclude the injection of
formations on underground
and natural gas. EPA has not
300h-300h-5). The Act
hydraulic fracturing fluids for
sources of drinking water and
considered hydraulic
defines the term
oil and gas production.
determine whether regulation
fracturing to fall withing the
“underground injection” to
is necessary. If regulations
regulatory definition of
mean the subsurface
are deemed unnecessary,
“underground injection,”
emplacement of fluids by
states will be relieved from
having interpreted it to
well injection, not including
further obligation to regulate
encompass only those wells
the underground injection of
hydraulic fracturing.
whose “principal function” is
natural gas for purposes of
the underground
storage.
emplacement of fluids. In
1997, the U.S. Court of
Appeals, 11th Circuit, found
EPA’s interpretation of
underground injection
inconsistent with the language
of the statute, thus opening
hydraulic fracturing to
regulation under SDWA. The
House provision explicitly
excludes hydraulic fracturing
from the definition of
“underground injection.”

---

CRS-27
Unproven Oil and Natural Gas Reserves Recovery Program
Provision
Current Law
House
Senate
Comments
Program.
No provision.
Sec. 12301. DOE shall
No provision.
“Secondary recovery” of oil
conduct a technology
from depleted reservoirs may
demonstration program for
become an important
certain oil and gas reservoirs.
component of domestic
supply.
Eligible reservoirs.
No provision.
Sec. 12302. Demonstration
No provision.
reservoirs are those having
complex geology or low
pressure, or found in tight
sands, coal seams, or shales.
Focus areas.
No provision.
Sec. 12303. Focus areas for
No provision.
the program include coal-
seams, tight sands, deep
wells, directionally drilled
wells, and enhanced recovery
techniques.
Limitation on location
No provision.
Sec. 12304. Programs are
No provision.
of activities.
limited to onshore U.S. sites.
Program
No provision.
Sec. 12305. Full
No provision.
administration.
responsibility for this
program rests with the
Secretary of Energy, who
shall contract with a
consortium to manage awards
and make project
recommendations.

---

CRS-28
Provision
Current Law
House
Senate
Comments
Advisory Committee.
No provision.
Sec. 12306. The Secretary
No provision.
shall establish an advisory
committee not later than 270
days after enactment.
Limits on
No provision.
Sec. 12307. Only U.S.-owned
No provision.
participation.
entities with production of
less than 1,000 barrels per
day of oil equivalent are
eligible for the demonstration
program, unless it is
otherwise in the U.S.
economic interest.
Payments to federal
No provision.
Sec. 12308. 95% of each
No provision.
government.
demonstration project’s
revenues must go to the
federal government until the
project’s grant is fully repaid.
After the grant is repaid, the
federal government will
continue to receive 5% of the
project’s revenues.
Authorization of
No provision.
Sec. 12309. $100 million is
No provision.
appropriations.
authorized, to remain
available until expended.
Public availability of
No provision.
Sec. 12310. Results of
No provision.
project results and
projects are to be made
methodologies.
public.
Sunset.
No provision.
Sec. 12311. September 30,
No provision.
2010, marks the end of
program authority.

---

CRS-29
Provision
Current Law
House
Senate
Comments
Definitions.
No provision.
Sec. 12312. “Program
No provision.
consortium” and other terms
are defined.
Miscellaneous
Provision
Current Law
House
Senate
Comments
Appeals relating to
No coordination mechanism
Sec. 12401. For appeals about
No provision.
Attempts to keep project on
pipeline construction
exists linking proceedings
pipeline construction
fast track by avoiding
projects.
under NGA and other laws
proceedings made under laws
redundant evidentiary
bearing on pipeline
other than NGA, agencies are
hearings.
construction issues. Each
to use records compiled by
agency having jurisdiction
FERC exclusively, and not
proceeds at its own pace.
hold a new evidentiary
hearing. It is the sense of
Congress that other federal
and state agencies should
coordinate proceedings with
FERC’s.
Natural gas market
No provision.
Sec. 12402. FERC is to
No provision.
Addresses post-ENRON need
data transparency.
establish an electronic
for confidence in gas markets.
information system providing
Would establish a transparent
public access to interstate gas
open access marketplace
trading data (e.g.: price, size,
where gas could be traded
quantity, time of trade, etc.),
free of manipulation.
such that markets operate
with reliable information.

---

CRS-30
Provision
Current Law
House
Senate
Comments
Oil and gas exploration
The term “oil and gas
Sec. 12403. “Oil and gas
No provision.
and production
exploration and production”
exploration and production,”
defined.
is used in section 502 of the
as used in the Federal Water
Federal Water Pollution
Pollution Control Act,
Control Act (33 U.S.C. 1362).
includes all drill-site activity,
including preparation.
R&D for remediation
No specific provision.
No provision.
Sec. 1262. DOE shall
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.
Complex well
No provision.
Sec. 12404. DOE shall
No provision.
technology testing
establish a Complex Well
facility.
Technology Testing Facility
at the Rocky Mountain
Oilfield Testing Center to
increase the range of drilling
capability to 50,000 feet.
Pipeline Safety
Provisions for pipeline safety
No provision.
Sec. 741 -783. the “Pipeline
This portion of the bill was
Improvement Act of
and security are found at 49
Safety Improvement Act of
largely enacted into law as
2002.
U.S.C 60101.
2003.”
P.L. 107-355, signed
December 17, 2002.

---

CRS-31
Provision
Current Law
House
Senate
Comments
Energy infrastructure
No provision.
No provision.
Sec. 1706. The Secretary of
across the Great Lakes.
Energy is to conduct a study
of the environmental impacts
of any energy infrastructure
(including gas pipelines)
transiting the Lakes and how
they might be minimized. An
NAS advisory committee
shall be established.

---

CRS-32
Hydroelectric
Alternative Conditions
Provision
Current Law
House
Senate
Comments
Alternative conditions
The Federal Power Act (FPA,
Sec. 13001. Agencies
Sec. 301 (a) and (b).
See CRS Issue Brief IB10122,
and fishways
16 U.S.C. 791a, et seq.)
imposing conditions or
Agencies imposing conditions
Hydropower License
(continued in next
authorizes the Federal Power
prescribing fishway
or prescribing fishway
Conditions and the
row).
Commission, later renamed
construction on hydropower
construction on hydropower
Relicensing Process.
the Federal Energy
license applicants under
license applicants under
Regulatory Commission
Section 4(e) and Section 18
Section 4(e) and Section 18
(FERC), to license non-
of the Federal Power Act
of the Federal Power Act
federal hydropower facilities.
must consider alternative
must consider alternative
Sections 4(e) and 18 of the
measures proposed by the
measures proposed by the
Federal Power Act authorize
applicant, and accept those
applicant, and accept those
certain federal agencies to
alternative measures if they
alternative measures if the
impose conditions or
“will be no less protective of
alternative condition
prescribe fishway
the fish resources than the
“provides for the adequate
construction on hydropower
fishway initially prescribed,”
protection and utilization of
license applicants.
and would either cost less or
the reservation,” or if the
result in more power
alternative fishway “will be
production. (Continued in
no less (Continued in next
next row.)
row.)

---

CRS-33
Provision
Current Law
House
Senate
Comments
Alternative conditions
(See row above.)
Sec. 13001. (continued from
(continued from row above)
(See row above.)
and fishways
row above) When issuing a
protective of the fish
(continued from row
condition, the agency must
resources than the fishway
above).
give equal consideration to
initially prescribed,” and
the effects of each condition
would either cost less or
on energy supply,
result in more power
distribution, cost, and use;
production.
flood control; navigation;
No provision in this section
water supply; and air quality
prohibits other interested
(in addition to the
parties from proposing
preservation of other aspects
alternative conditions.
of environmental quality).
FERC may refer the agency’s
decision to the Commission’s
Dispute Resolution Service
(DRS). The DRS issues a
non-binding advisory. No
provision in this section
prohibits other interested
parties from proposing
alternative conditions.
Time of filing
License applicants must file
No provision.
Sec. 301 (c). License
This provision is aimed at
application.
24 months prior to expiration
applicants must file 36
reducing the number of
of old license (16 U.S.C.
months prior to expiration for
annual interim licenses that
808(c)(1)).
licenses that expire in 2008
“do not provide certainty for
and thereafter.
consumers or the utility and
result in delays in
environmental mitigation and
enhancement,” according to
Senator Smith.

---

CRS-34
Additional Hydropower
Provision
Current Law
House
Senate
Comments
Hydroelectric
No provision.
Sec. 13201. The Secretary of
Sec. 261. Eligibility is
production incentives.
Energy shall make incentive
extended to certain public
payments to non-federal
utilities. Qualifying resources
owners or operators of
are expanded to include
hydroelectric generating
landfill gas, incremental
facilities added to existing
hydro, and ocean energy.
dams or conduits within 10
Funding for hydro may not
years of the date of
exceed 30% of the total
enactment. Payments of 1.8
(also similar to Sec. 16072).
cents per kwh, up to a total of
$750,000/year per facility,
may be made for up to 10
fiscal years after a facility
begins operating.
Hydroelectric
No provision.
Sec. 13202. The Secretary of
No provision.
efficiency
Energy shall make incentive
improvement.
payments to the owners or
operators of hydroelectric
facilities who make capital
improvements on existing
facilities that improve
efficiency by at least 3%.
Payments shall not exceed
10% of the improvement cost
and shall not exceed
$750,000 at any single
facility.
Small hydroelectric
The Public Utility Regulatory
Sec. 13203. The date on or
No provision.
power projects.
Policies Act of 1978 defines
before which a dam must be
existing dams as those
constructed to qualify as an
completed by April 20, 1977
existing dam is changed to
(PURPA, 16 U.S.C. 2078).
March 4, 2003.

---

CRS-35
Provision
Current Law
House
Senate
Comments
Increased hydroelectric
No provision.
Sec. 13204. Within 2 years
No provision.
generation at existing
after the date of enactment,
federal facilities.
the Secretary of Energy will
submit studies, for each water
basin, that identify and
describe: 1) opportunities to
improve efficiency of
hydropower generation, 2)
opportunities to improve
efficiency of the use of water
supplied or regulated by
federal projects, 3)
opportunities to create
additional hydropower
generating capacity at
existing facilities, and 3) a
preliminary assessment of the
costs, and economic and
environmental consequences,
of such measures. The
Secretary of Energy may
choose not to perform new
studies when recent studies
exist.

---

CRS-36
Nuclear Matters
Price-Anderson Act Amendments
Provision
Current Law
House
Senate
Comments
Short title.
The Price-Anderson Act,
Sec. 14001. This subtitle
Sec. 501. This subtitle
dealing with liability for
(sections 14001-14015) may
(sections 501-509) may be
nuclear accidents, generally
be cited as the “Price-
cited as the “Price-Anderson
consists of Sec. 170 of the
Anderson Amendments Act
Amendments Act of 2003.”
Atomic Energy Act of 1954
of 2003.”
(AEA, 42 U.S.C. 2210). Key
terms are defined at 42 U.S.C.
2014.
Extension of
Nuclear Regulatory
Sec. 14002(a). NRC
Secs. 502(a). NRC
Without the extension,
indemnification
Commission (NRC) authority
indemnification authority is
indemnification authority is
existing reactors would
authority for NRC
to provide indemnification
extended through August 1,
extended through August 1,
continue to be covered by
licensees.
under Price-Anderson to new
2017.
2012.
Price-Anderson, but new
reactors and other licensees
reactors would not.
expires December 31, 2003
(AEA Sec. 170 c.).
Extension of
DOE authority to indemnify
Sec. 14002(b). DOE’s
Sec. 502(b). DOE’s
Without an extension, new
indemnification
nuclear contractors against
indemnification authority is
indemnification authority is
DOE contracts would not
authority for DOE
radiological damage claims
extended through August 1,
extended indefinitely.
include Price-Anderson
contractors.
by members of the public
2017.
indemnification, although
expires December 31, 2004
existing contracts would still
(AEA Sec. 170 d.).
be covered.
Extension of
NRC authority to indemnify
Sec. 14002(c). NRC
Secs. 502(c). NRC
Without an extension, new
indemnification
nonprofit educational
indemnification authority for
indemnification authority for
NRC reactor licenses for
authority for nonprofit
institutions expired August 1,
nonprofit educational
nonprofit educational
nonprofit educational
educational
2002 (AEA Sec. 170 k).
institutions is extended
institutions is extended
institutions are not covered,
institutions.
through August 1, 2017.
through August 1, 2012.
but coverage continues for
licenses issued before August
1, 2002.

---

CRS-37
Provision
Current Law
House
Senate
Comments
Maximum commercial
The commercial reactor
Sec. 14003. Maximum total
No provision.
Total available reactor
reactor assessment.
liability limit is equal to the
contributions by each
incident compensation
maximum available liability
commercial reactor following
increases would be about $10
insurance, plus maximum
an accident are raised to $94
billion under the House
contributions of $63 million
million (to be adjusted for
provision.
per reactor (adjusted for
inflation every five years after
inflation since 1988), plus a
enactment). Maximum
5% surcharge, currently
annual contributions per
totaling about $10.9 billion.
reactor are raised from $10
Compensation contributions
million to $15 million, to be
are paid at a rate of no more
adjusted for inflation.
than $10 million per reactor
per year (AEA Sec. 170 b.).
Department of Energy
The liability limit for public
Sec. 14004. The DOE
Sec. 503. The DOE
liability limit.
damages resulting from a
contractor liability limit is
contractor liability limit is
nuclear incident by a DOE
raised to $10 billion, subject
raised to $10 billion, subject
contractor is about $9.5
to an inflation adjustment
to an inflation adjustment
billion. The contractor
under Section 14007.
under Section 506.
liability limit is based on the
limit for commercial nuclear
reactors (AEA Sec. 170 d.).
Incidents outside the
The liability limit for nuclear
Sec. 14005. The limit is raised
Sec. 504. The limit is raised
United States.
incidents outside the United
to $500 million.
to $500 million.
States is $100 million (AEA
Sec. 170 d., e.).
Reports on Price-
No future reports on this
Sec. 14006. DOE and the
Sec. 505. DOE and the
Anderson extension or
subject required.
Nuclear Regulatory
Nuclear Regulatory
modification.
Commission (NRC) shall
Commission (NRC) shall
submit reports to Congress by
submit reports to Congress by
August 1, 2013, to
August 1, 2008, to
recommend continuation or
recommend continuation or
modification of the Price-
modification of the Price-
Anderson Act.
Anderson Act.

---

CRS-38
Provision
Current Law
House
Senate
Comments
Inflation adjustment.
Every five years NRC must
Sec. 14007. In addition to the
Sec. 506. In addition to the
Both versions would eliminate
adjust for inflation, using the
NRC inflation adjustment,
NRC inflation adjustment,
the existing link between
aggregate percentage change
DOE must make a similar
DOE must make a similar
commercial reactor and DOE
in the Consumer Price Index,
adjustment of the $10 billion
adjustment of the $10 billion
contractor liability limits,
the maximum compensation
nuclear contractor accident
nuclear contractor accident
requiring a separate inflation
contribution that each reactor
liability limit every five years.
liability limit every five
adjustment for DOE
must make following a
years.
contractors.
nuclear incident (AEA Sec.
170 t.). If the NRC inflation
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.).
Price-Anderson
All commercial nuclear
Sec. 14008. Two or more
Sec. 508. Two or more
This provision would allow a
treatment of modular
reactors with electric
reactors at a single site, each
reactors at a single site, each
“modular” nuclear plant made
reactors.
generating capacity of 100
with electric generating
with electric generating
up of several small reactors to
megawatts or more are
capacity of 100-300
capacity of 100-300
purchase insurance coverage
subject to Price-Anderson’s
megawatts and totaling no
megawatts and totaling no
as if the plant consisted of a
maximum payments for
more than 1,300 megawatts,
more than 1,300 megawatts,
single reactor. The entire
accident damages and
shall be treated as a single
shall be treated as a single
modular plant also would only
requirements for insurance
reactor in assessing accident
reactor in assessing accident
be liable for the accident
coverage (AEA Sec. 170 b.).
compensation contributions
compensation contributions
compensation payments of a
and insurance requirements.
and insurance requirements.
single reactor.
Effective date.
No provision.
Sec. 14009. The increased
Sec. 509. The increased
nuclear liability limits in this
nuclear liability limits in this
subsection shall apply only to
subsection shall apply only to
accidents that occur after the
accidents that occur after the
date of enactment.
date of enactment.

---

CRS-39
Provision
Current Law
House
Senate
Comments
Prohibition on
No provision.
Sec. 14010. The federal
No provision.
assumption by United
government may not accept
States Government of
liability for nuclear accidents
liability for certain
in nations found to support
foreign accidents.
terrorism.
Secure transfer of
No provision.
Sec. 14011. Nuclear materials
No provision.
nuclear materials.
transferred from NRC- or
state-licensed facilities, or
from countries with U.S.
nuclear cooperation
agreements, must be
accompanied by a shipping
manifest. Every worker
involved in such shipments
must have undergone a
federal security background
check. Such materials may
be shipped only to licensed
facilities, other “appropriate”
federal facilities, or countries
with U.S. nuclear cooperation
agreements.

---

CRS-40
Provision
Current Law
House
Senate
Comments
Nuclear facility
AEA provides general
Sec. 14012. In consultation
No provision.
threats.
authority for NRC security
with NRC and other
regulation.
appropriate federal agencies,
the President shall identify
specific types of security
threats to nuclear facilities.
The President shall issue a
report on actions taken or to
be taken to address the
identified threats, and NRC
shall issue regulations to
protect against the threats.
NRC shall periodically
conduct force-on-force
exercises to test nuclear
facility security. Release of
security information shall be
controlled, consistent with
AEA requirements.
Unreasonable risk
No provision.
Sec. 14013. Before providing
No provision.
consultation.
Price-Anderson coverage to a
new reactor, NRC must
consult with the Secretary of
Homeland Security about
whether the reactor’s design
and location provide adequate
public protection in case of a
terrorist attack. Before
renewing a nuclear plant
license, NRC must consult
with the Secretary of
Homeland Security about the
plant’s evacuation planning.

---

CRS-41
Provision
Current Law
House
Senate
Comments
Recovery of payments
No provision.
Sec. 14014. If DOE has to
No provision.
for intentional DOE
pay compensation for an
contractor misconduct.
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.
Civil penalties for
Specific nonprofit DOE
Sec. 14015. The exemption
Sec. 507. The exemption for
DOE nuclear
contractors who violate
for specific nonprofit DOE
specific nonprofit DOE
contractors.
nuclear safety regulations are
contractors is replaced by
contractors is replaced by
exempt from civil penalties.
provisions limiting nuclear
provisions limiting nuclear
DOE may automatically remit
safety penalties on any
safety penalties on any
nuclear safety fines paid by
nonprofit contractor to the
nonprofit contractor to the
any nonprofit educational
amount of the management
amount of the management
institution (AEA Sec. 234A.).
fee it has earned under a DOE
fee it has earned under a DOE
contract. DOE authority to
contract within any one-year
remit fines paid by nonprofit
period. DOE authority to
educational institutions is
remit fines paid by nonprofit
repealed.
educational institutions is
repealed.

---

CRS-42
Miscellaneous Matters
Provision
Current Law
House
Senate
Comments
Commercial reactor
For a commercial nuclear
Sec. 14021. The 40-year
Sec. 521. A reactor’s
license period.
reactor that receives a
license period for a combined
operating period under a
combined construction and
license will not begin until
combined license shall be no
operating license from NRC,
NRC determines that the
shorter than if separate
the initial 40-year license
completed reactor is ready to
construction and operating
period could begin when
start operating.
licenses had been issued.
NRC grants a combined
license for a reactor, before
construction has started and
years before the start of
operation (AEA Section 103
c.).
Nuclear Regulatory
No provision.
Sec. 14022. If a quorum of
No provision.
Commission meeting
NRC Commissioners meets to
transcripts.
discuss official business, a
transcript of non-confidential
discussions at the meeting
must be made available to the
public.
NRC training
No specific provision.
Sec. 14023. Funding is
No provision.
program.
authorized for NRC to carry
out a training and fellowship
program to develop critical
nuclear safety skills.
Cost recovery from
Federal agencies must pay
Sec. 14024. NRC may impose
No provision.
Government agencies.
fees to NRC for certain
licensing and other cost-based
licensed activities (AEA Sec.
fees on all NRC-licensed
161 w.).
activities conducted by other
federal agencies.

---

CRS-43
Provision
Current Law
House
Senate
Comments
Elimination of pension
No provision.
Sec. 14025. 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.
Carrying of firearms
NRC employees and
Sec. 14026. Authority to carry
No provision.
The House provision would
by licensee employees.
contractors may carry
firearms and make arrests is
counter some state laws that
firearms and make arrests to
extended to employees of
preclude private guard forces
protect U.S. property (AEA
nuclear power plants and
from utilizing some weapons.
Sec. 161 k.).
other NRC-regulated facilities
and their contractors.
Unauthorized
NRC may regulate the entry
Sec. 14027. NRC controls on
No provision.
introduction of
of weapons or dangerous
weapons and dangerous
dangerous weapons.
materials into NRC facilities
materials are extended to
(AEA Sec. 229 a.).
nuclear plants and other
NRC-regulated facilities.
Sabotage of nuclear
Any person who intentionally
Sec. 14028. Maximum
No provision.
The House language clarifies
facilities or fuel.
damages an NRC-licensed
penalties for sabotage are
that the penalties apply to
facility may be fined $10,000
increased to $1 million and
facilities “certified” as well as
and imprisoned for 10 years
life imprisonment without
“licensed” by NRC, and also
(AEA Sec. 236 a.).
parole.
to sabotage to facilities under
construction.
Cooperative research
No specific provisions.
Sec. 14029. Funding is
No provision.
and development and
authorized for cost-shared
special demonstration
research between DOE and
projects for the
domestic uranium producers
uranium mining
on in-situ leaching mining
industry.
technologies and related
environmental restoration
technologies.

---

CRS-44
Provision
Current Law
House
Senate
Comments
Government uranium
DOE may sell its uranium
Sec. 14030. With certain
Sec. 511. With certain
sales.
stockpiles under certain
exceptions, DOE uranium
exceptions, DOE uranium
conditions (42 U.S.C. 2297h-
sales are restricted to 3
sales are restricted to 3
10).
million pounds per year from
million pounds per year from
2004-2009, rising to 10
2003-2009, rising to 10
million pounds per year after
million pounds per year after
2012. DOE may transfer
2012.
9,550 metric tons of uranium
to USEC Inc.
Exports of highly
Highly enriched uranium
Sec. 14031. HEU may be
No provision.
The current limit on HEU
enriched uranium for
(HEU) cannot be exported
exported to Canada, Belgium
exports, known as the
medical isotope
unless the foreign recipient
France, Germany, and the
“Wyden Amendment,” is
production.
agrees to switch to low
Netherlands for production of
intended to ensure that
enriched uranium (LEU) as
medical isotopes. HEU
foreign reactor operators
soon as possible and suitable
exports also may be
cooperate with U.S. efforts to
LEU fuel is actively under
authorized to other countries
convert all HEU reactors to
development (AEA Sec. 134).
that meet additional criteria.
LEU. Supporters of the
All HEU recipients must
exemption contend that the
agree to switch to suitable
existing restrictions could
LEU fuel if it becomes
disrupt production of medical
available.
isotopes from foreign reactors
fueled with HEU.
Highly enriched
No provision.
Sec. 14032. DOE shall submit
No provision.
uranium diversion
a report to Congress on
threat report.
reducing the threat of stolen
or diverted highly enriched
uranium.

---

CRS-45
Provision
Current Law
House
Senate
Comments
Whistleblower
Employees of nuclear power
Sec. 14033. DOE and NRC
No provision.
protection.
plants and other NRC licensee
employees are given the same
and employees of DOE
“whistleblower” protection as
contractors may file
employees of contractors and
complaints with the Secretary
licensees. An employee
of Labor if they are fired or
whose complaint does not
punished for raising concerns
receive a final decision by the
about violations of the
Secretary of Labor within 180
Atomic Energy Act (42
days may take the case to
U.S.C. 5851).
federal court.
Preventing the misuse
No provision.
Sec. 14034. No U.S. nuclear
No provision.
The House provision would
of nuclear materials
materials or technology may
block implementation of a
and technology.
be exported to any country
1994 agreement under which
that, as of September 11,
North Korea was to receive a
2001, had been determined by
U.S.-designed nuclear power
the State Department to be a
plant in return for abandoning
supporter of international
its nuclear weapons program.
terrorism.
Limitation on DOE
No provision.
Sec. 14035. Except as
No provision.
reimbursement of legal
required by existing contracts,
fees.
DOE shall not reimburse its
contractors for legal expenses
incurred in defending against
“whistleblower” complaints
that are ultimately upheld.
Transfer of West
No provision.
Sec. 14036. DOE shall
No provision.
DOE is cleaning up nuclear
Valley nuclear site to
transmit to Congress by the
fuel reprocessing facilities at
DOE.
end of 2003 a plan for taking
the site, with the State of New
ownership of the West Valley
York paying 10% of the cost.
nuclear site from the State of
But there has been a dispute
New York.
between DOE and the state
about future cleanup
responsibilities.

---

CRS-46
Provision
Current Law
House
Senate
Comments
Study of developing
No provision.
Sec. 14037. DOE shall study
No provision.
commercial nuclear
the feasibility of developing
power plants at DOE
commercial nuclear power
sites.
plants at existing DOE sites.
Thorium cleanup
DOE is authorized to
No provision.
Sec. 512. The thorium
Senate language is nearly
reimbursement.
reimburse up to $365 million
reimbursement authorization
identical to thorium
in government-related
is raised from the previous
reimbursement provisions in
cleanup costs to the owner of
level of $140 million to $365
P.L. 107-222, signed August
a thorium processing site (42
million.
21, 2002, which raised
U.S.C. 2296a).
thorium reimbursement to
$365 million.
Fast Flux Test Facility.
No comparable provision.
No provision.
Sec. 513. DOE is prohibited
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
began dismantling the facility
already operating.
April 7, 2003.
Reactor
No provision.
Sec. 516. DOE shall
Decommissioning Pilot
decontaminate and
Program.
decommission the sodium-
cooled test reactor in
northwest Arkansas.

---

CRS-47
Provision
Current Law
House
Senate
Comments
Commercial reactor
NRC must provide copies of
No provision.
Sec. 531. After receiving
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.
No provision.
Sec. 532. Funds set aside for
decommissioning
decontamination and
funds.
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.
Elimination of pension
No provision.
No provision.
Sec. 541. If NRC has a
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
No specific provision.
No provision.
Sec. 542. Funding is
program.
authorized for NRC to carry
out a training and fellowship
program to develop critical
nuclear safety skills.

---

CRS-48
Vehicles and Fuels
Energy Policy Act Amendments
Provision
Current Law
House
Senate
Comments
Credit for substantial
Sec. 508 of the Energy Policy
Sec. 15011. Vehicle purchase
Sec. 819(q). Similar
contribution toward
Act of 1992 (EPACT) (42
credits are granted to covered
provision.
noncovered fleets.
U.S.C. 13258) requires that
entities that make a
state governments and
“substantial contribution” to
producers and suppliers of
the purchase of alternative
alternative fuels (including
fuel vehicles in non-covered
electricity producers) include
fleets. “Substantial” is
alternative fuel vehicles as a
defined as $15,000 or more in
certain percentage of their
cash or in-kind services.
new light-duty vehicle
Double credits are given for
purchases. The requirement
the purchase of medium- or
is 75% for states and 90% for
heavy-duty vehicles.
fuel providers.
Credit for alternative
No provision.
Sec. 15012. Vehicle purchase
Sec. 819(r). Similar
fuel infrastructure.
credits are granted to covered
provision.
entities that invest $25,000 or
more in fueling infrastructure
for alternative fuel vehicles.
Credit for hybrid
No provision.
No similar provision.
Sec. 819(p). Fleet operators
Currently, hybrid vehicles are
vehicles.
may generate credits through
not considered alternative fuel
the purchase of hybrid
vehicles because their
electric vehicles.
primary fuel is gasoline.

---

CRS-49
Provision
Current Law
House
Senate
Comments
Alternative fueled
The Energy Policy Act of
Sec. 15013. The Secretary of
Sec. 806. Dual-fueled vehicle
Under current law, there is no
vehicle report.
1992 (EPACT) requires that,
Energy must report to
fleets in executive branch
specific requirement to use
of the vehicles purchased by
Congress on the effectiveness
agencies must use alternative
alternative fuels in these
federal and state agencies and
of Titles III, IV, and V of
fuels 100% of the time by
vehicles.
alternative fuel providers in a
EPACT (regarding alternative
Jan. 1, 2009, but the Secretary
given year, a percentage must
fuel vehicles and fleets). The
of Transportation is
be alternative fuel vehicles
report must analyze the
authorized to waive the
(42 U.S.C. 13220).
availability and cost of
requirement to 50% of the
alternative fuels, alternative
time by Jan. 1, 2009, and
Sec. 310 of EPACT requires
fuel vehicles, and refueling
75% by Jan. 1, 2011. No
each federal agency to report
infrastructure (also see Sec.
waivers may be extended
annually on its compliance
15046).
beyond the end of 2012.
with the federal alternative
Additional waiver authority is
fuel vehicle requirements (42
provided if the alternative
U.S.C. 13218).
fuel “is not reasonably
available” in a particular
geographic area.
Allocation of
Sec. 303 of EPACT (42
Sec. 15014. Agencies must
No provision.
incremental costs.
U.S.C 13212) requires that
allocate the incremental costs
75% of covered light-duty
of alternative fuel vehicles
vehicles purchased by federal
across the entire fleet.
agencies be alternative fuel
vehicles. Sec. 303(c) allows
agencies to allocate the
incremental cost of those
vehicles (the cost difference
between the alternative fuel
vehicle and a comparable
gasoline or diesel vehicle)
across the whole vehicle fleet.

---

CRS-50
Provision
Current Law
House
Senate
Comments
Temporary biodiesel
Sec. 311 of EPACT (42
No similar provision.
Sec. 817. Fleet operators may
credit expansion.
U.S.C. 13220) allows fleet
claim alternative fuel vehicle
operators to meet up to 50%
credits for excess purchases
of the alternative fuel vehicle
of biodiesel fuel. Further,
purchase requirement through
fleet operators may use
the use of biodiesel fuel.
biodiesel fuel to meet up to
However, fleet operators may
100% of required purchases
not generate credits for future
in a given year.
years through the use of
biodiesel.
Neighborhood electric
EPACT (42 U.S.C. 13211)
No similar provision.
Sec. 818. Neighborhood
Neighborhood electric
vehicles.
defines the term “alternative
electric vehicles may be
vehicles (NEVs) are small
fuel vehicle.”
treated as alternative fuel
electric vehicles that are
vehicles for compliance and
certified for low speeds.
tax purposes.
Federal agency
Sec. 306 of EPACT (42
No similar provision.
Sec. 820A. A new section
In some places, mainly in the
ethanol-blended
U.S.C. 13215) refers to an
306 of EPACT is created.
Midwest, ethanol-blended
gasoline and biodiesel
expired provision of the Act.
Federal agencies must
gasoline comprises the
purchasing
purchase ethanol-blended
majority of retail gasoline.
requirement.
gasoline and biodiesel for
diesel blending 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-51
Advanced Vehicles
Provision
Current Law
House
Senate
Comments
Definitions.
Various related definitions are
Sec. 15021. Several classes of
No similar provision.
found in multiple statutes.
vehicles are defined,
including “alternative fuel
vehicle,” “neighborhood
electric vehicle,” and “ultra-
low sulfur diesel vehicle.”
Pilot program.
The Department of Energy,
Sec. 15022. A grant program
No similar provision.
through the Clean Cities
is established to provide
Program, provides technical
grants for up to 10 separate
and educational assistance to
projects. Grants may assist in
cities wishing to expand the
the purchase of alternative
use of alternative fuel
fuel and advanced technology
vehicles.
vehicles or the installation of
alternative fuel refueling
infrastructure. Eligible
grantees are state
governments, local
governments, and
metropolitan transit
authorities. A maximum of
$20 million may be granted to
any single project.

---

CRS-52
Provision
Current Law
House
Senate
Comments
Reports to Congress.
No provision.
Sec. 15023. The Secretary of
No similar provision.
Energy must submit a report
to Congress listing the
grantees and other applicants,
as well as detailing the grant
selection process. Three
years after enactment, the
Secretary must submit to
Congress annual evaluations
of the effectiveness of the
program.
Authorization of
No provision.
Sec. 15024. $200 million is
No similar provision.
appropriations.
authorized to carry out the
program.
Hydrogen Fuel Cell Heavy-Duty Vehicles
Provision
Current Law
House
Senate
Comments
Definition and
No provision.
Secs. 15031 and 15032.
No provision.
Findings.
Terms are defined and
congressional findings are
listed.

---

CRS-53
Provision
Current Law
House
Senate
Comments
Hydrogen fuel cell
No provision.
See Sec. 15033 and Sec.
Sec. 807. Appropriations of
buses.
23002.
$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.
Bus replacement.
Sec. 5111 of the
Sec. 15033. The Secretary of
Sec. 810. The Secretary of
While TEA-21 authorized a
Transportation Equity Act for
Transportation, through AVP,
Transportation is required to
total of $250 million over five
the 21st Century (TEA-21,
is required to establish four
carry out a study to determine
years for AVP, only $10
P.L. 105-178) established the
projects to demonstrate
how best to replace diesel-
million total was appropriated
Advanced Vehicle
hydrogen-fueled fuel cell
fueled buses with buses that
in FY1999 and FY2000.
Technologies Program
buses (also see Sec. 23002).
are hybrids, or buses that use
Congress has not appropriated
(AVP), which promotes
fuel cells or cleaner burning
funds for AVP since FY2000.
advanced technology
alternative and renewable
development through
fuels.
contracts, grants, and
cooperative agreements.

---

CRS-54
Provision
Current Law
House
Senate
Comments
Authorization of
Sec. 5111 of TEA-21
Sec. 15034. A total of $50
No provision.
As was stated above,
appropriations.
authorized $50 million
million is authorized for
Congress has not appropriated
annually for AVP in FY1999
FY2004 though FY2008.
funds for AVP since FY2000.
through FY2003. No funds
Funds are authorized for the
are authorized in FY2004 or
above project only.
later.
Miscellaneous
Provision
Current Law
House
Senate
Comments
Railroad efficiency.
No provision.
Sec. 15041. A public-private
Sec. 1214. Similar to the
research partnership is
House provision, except that a
established for the
total of $130 million is
development and
authorized for FY2003 and
demonstration of locomotive
FY2004.
engines that increase fuel
economy, reduce emissions,
and lower costs. A total of
$90 million is authorized for
FY2004 through FY2006.
Mobile emission
No provision.
Sec. 15042. The
No provision.
reductions trading and
Environmental Protection
crediting.
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 attaining and
maintaining air quality
standards.

---

CRS-55
Provision
Current Law
House
Senate
Comments
Idle reduction
No provision.
Sec. 15043. DOE is required
Sec. 822. DOE is required to
technologies.
to study potential fuel savings
conduct a similar study.
from reducing long-duration
Once the study is completed,
idling of heavy-duty vehicles.
the Secretary of Energy has
EPA is required to study
the authority to require the
whether existing models of
installation of idle-reduction
air emissions accurately
systems on all new heavy-
reflect emissions from idling
duty vehicles. Further, EPA
vehicles. Further, EPA is
is not required to assess its
required to study whether
models under the Senate
emissions reduction credits
provision.
should be granted for the
installation of idle elimination
systems.
Study of aviation fuel
No provision.
Sec. 15044. Within 60 days of
No provision.
conservation and
enactment, the Administrator
emissions.
of the Federal Aviation
Administration and the
Administrator of EPA 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-56
Provision
Current Law
House
Senate
Comments
Diesel fueled vehicles.
DOE conducts research on
Sec. 15045. The Secretary of
Sec. 808. DOE is required to
advanced vehicle emissions
Energy is directed to
accelerate R&D for diesel
systems under its general
accelerate efforts to improve
combustion and after
research authority.
diesel vehicle combustion and
treatment technologies with
after-treatment technologies.
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.)
Waivers of alternative
Sec. 400AA (a)(3)(E) of the
Sec. 15046. EPCA is
Sec. 806. Dual-fueled vehicle
Under current law, there is no
fueled vehicle fueling
Energy Policy and
amended so that agencies
fleets in executive branch
specific requirement to use
requirement.
Conservation Act (EPCA)
must receive a waiver by the
agencies must use alternative
alternative fuels in these
requires that dual fuel
Secretary of Energy to be
fuels 100% of the time by
vehicles.
vehicles (vehicles capable of
exempted from the fueling
Jan. 1, 2009, but the Secretary
using either an alternative
requirement (also see Sec.
of Transportation is
fuel or a conventional fuel)
15013).
authorized to waive the
purchased by the federal
requirement to 50% of the
government operate on
time by Jan. 1, 2009, and
alternative fuels where
75% by Jan. 1, 2011. No
practicable.
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.
Total integrated
No existing provision.
Sec. 15047. DOE is directed
No provision.
thermal systems.
to study the potential for
integrated thermal systems to
reduce oil demand.

---

CRS-57
Provision
Current Law
House
Senate
Comments
Oil bypass filtration
No provision
Sec. 15048. The Secretary of
No similar provision.
technology.
Energy and the Administrator
of EPA are required to study
the potential oil savings from
oil bypass filtration
technology, and to assess the
feasibility of using the
technology in federal vehicle
fleets.
Natural gas condensate
No provision.
Sec. 15049. The Secretary of
No similar provision.
study.
Energy is required to study
the possible applications and
potential benefits of fuels
derived from natural gas
condensate.
Study on reducing
Sec. 303 of the Energy Policy
Sec. 15050. The General
Sec. 805. Five percent of
The targets specified in
petroleum
Act of 1992 (P.L. 102-486)
Services Administration
light duty trucks procured for
existing law have not been
consumption, and
required that, by FY1999,
(GSA) is directed to study the
federal fleets in FY2005-
met.
procurement of
75% of vehicle purchases for
merits of setting performance
FY2006 must be alternative-
alternative fueled and
a federal fleet of 20 or more
measures to help reduce oil
fueled or hybrid vehicles.
hybrid light-duty
light-duty motor vehicles be
consumption by federal fleets.
This requirement increases to
trucks for federal
alternative-fueled vehicles.
10% after FY2006.
fleets.
Exceptions were made for
emergency, military and law
enforcement vehicles, among
other uses.
Conserve by Bicycling
No existing provision.
Sec. 15051. The Department
Sec. 823. Similar to the
Program.
of Transportation is directed
House provision, except that a
to conduct a pilot bicycling
total of $5.5 million is
program and report on it.
authorized.

---

CRS-58
Provision
Current Law
House
Senate
Comments
Exception to HOV
States may permit exemptions
No similar provision.
Sec. 812. States are permitted
Some alternative fuel vehicles
passenger
from high occupancy vehicle
to exempt one-passenger
do not meet the ILEV
requirements for
(HOV) restrictions for
alternative fuel vehicles from
standards currently required
alternative fuel
inherently low emission
HOV restrictions.
for the exemption.
vehicles.
vehicles (ILEV) (23 U.S.C.
102(a)(2)).
Electricity
Transmission Capacity
Provision
Current Law
House
Senate
Comments
Transmission
FERC must approve
Sec. 16011. FERC is required
No provision.
infrastructure
transmission rates charged by
to establish a rule to create
improvement
utilities. These rates must be
incentive-based transmission
rulemaking.
just and reasonable (16
rates. Under the rule, FERC
U.S.C. 824d).
must approve a transmission
organization’s request that
new transmission facilities
that increase the transfer
capability of the system be
participant-funded.

---

CRS-59
Provision
Current Law
House
Senate
Comments
Siting of interstate
Transmission siting is the
Sec. 16012. The Secretary of
No provision.
Under proposed FPA section
electrical transmission
responsibility of the states.
Energy will conduct a study
216(d) there is no specific
facilities
of electric transmission
comment period required.
(continued in next
Federal Land Policy and
congestion every three years.
New FPA section 216(e)
row).
Management Act (43 U.S.C.
Based on the findings, the
appears to be exercising
1763).
Secretary of Energy may
federal power of eminent
designate a geographic area
domain to cross private land.
as being congested. Under
New FPA section 216(g) does
certain conditions, FERC is
not clearly state whether
authorized to issue
companies using
construction permits. Permit
condemnation authority to
holders will be allowed to
cross private land must
petition in District Court to
comply with NEPA. New
acquire rights-of-way through
section 216(h) does not state
the exercise of the right of
whether property owners will
eminent domain. Any
be required to reimburse
exercise of eminent domain
compensation if land is
authority is considered to be
transferred back to the owner.
takings of private property for
New FPA section 216(j)(1)
which just compensation is
gives DOE new authority to
due. This section does not
prepare environmental
apply to the Electric
documents and appears to
Reliability Council of Texas
give DOE additional
(ERCOT). An applicant for
decision-making authority for
federal authorization to site
rights-of-way and siting on
transmission facilities on
federal lands. This would
federal lands may request that
appear to give DOE input into
the Department of Energy be
the decision process for
the lead agency to coordinate
creating rights-of-way. New
environmental review and
FPA section 216(l) would not
other federal authorization.
apply to monuments that are
(continued in next row)
not managed by the National
Park Service.

---

CRS-60
Provision
Current Law
House
Senate
Comments
Siting of interstate
(See row above.)
Sec. 16012 (continued from
(See row above.)
electrical transmission
row above). Once a
facilities (continued
completed application is
from row above).
submitted, all related
environmental reviews must
be completed within 1 year
unless existing federal law
environmental review
document is to be used for all
decisions on the proposed
project. Review under
section 503 of the Federal
Land Policy and Management
Act may be streamlined by
relying on prior analyses.
Any denial of federal rights-
of-way may be appealed by
the applicant or relevant state
to the Secretary of Energy.
The Secretary of Energy must
issue a decision within 90
days of the appeal’s filing.
States may enter into
interstate compacts for the
purposes of siting
transmission facilities and the
Secretary of Energy may
provide technical assistance.

---

CRS-61
Provision
Current Law
House
Senate
Comments
Study of siting an
None.
No provision.
Sec. 1703. The Secretary of
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.
Transmission
The Federal Power Act (16
Sec. 16013. FERC is to
Sec. 210. The Federal
Investment in the
enhancements.
U.S.C. 791a and following)
exercise its authority under
Government is to be attentive
transmission system has not
gives FERC authority to order
the Federal Power Act to
to transmission issues,
kept pace with increases in
interconnections with the
encourage technologies that
including investment,
generation. The House
transmission system and
will increase the efficiency
efficiency, and enhancements,
provision is intended to
transmission capacity
and transfer capability of
that could be addressed
increase the capacity of
additions necessary to support
transmission networks.
through government policy.
existing lines through the
the interconnection (Section
implementation of
210). Section 212 allows the
technology. The Senate
costs of transmission system
provision is intended to use
enlargement to be included in
government policy to
the rates for wholesale
facilitate improvements in the
transmission services.
transmission system.
Bonneville Power Administration
Provision
Current Law
House
Senate
Comments
Bonneville Power
Current BPA borrowing
No similar provision
Sec. 272. Bonneville Power
In FY2003, BPA’s borrowing
Administration Bonds.
authority is $4.45 billion (16
Administration’s borrowing
authority increased by $700
U.S.C 838k, P.L. 108-7).
authority is increased by $1.3
million. BPA is not requesting
billion to provide
increased borrowing authority
transmission system
in FY2004
improvements.

---

CRS-62
Transmission Operation
Provision
Current Law
House
Senate
Comments
Open access
The Federal Power Act
Sec. 16021. FERC is
Sec. 205. Similar provision.
Often referred to as “FERC-
transmission by certain
(Section 201(f)) does not
authorized, by rule or order,
lite.”
utilities.
apply to federal power
to require unregulated
marketing administrations,
transmitting utilities (power
state entities, or rural electric
marketing administrations,
cooperatives (16 U.S.C. 824).
state entities, and rural
electric cooperatives) to
charge rates 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, for distribution
utilities, and for utilities that
own or operate transmission
facilities that are not
necessary to facilitate a
nationwide interconnected
transmission system. FERC
may remand transmission
rates to an unregulated
transmitting utility if the rates
do not comply with this
section.

---

CRS-63
Provision
Current Law
House
Senate
Comments
Regional transmission
No current law.
Sec. 16022. It is the sense of
No provision.
organizations.
the Congress that utilities
should voluntarily become
members of regional
transmission organizations. It
is the sense of the Congress
that FERC should provide
incentive rates for
transmission for those utilities
that join regional transmission
organizations. FERC is
required to report to Congress
within 120 days of enactment
the status of all regional
transmission organization
applications. Federal utilities
(power marketing
administrations or Tennessee
Valley Authority) are
authorized to participate in
regional transmission
organizations.
Policy on regional
No current law.
No provision.
Sec.101. The policy of the
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.

---

CRS-64
Provision
Current Law
House
Senate
Comments
Federal support for
No current law.
No provision.
Sec. 102. The Department of
regional coordination.
Energy is directed to provide
technical assistance to states
and regional organizations to
assist with activities defined
in Sec. 101.
Native load.
Section 201 of the Federal
Sec. 16023. A load-serving
No provision.
This section is intended to
Power Act gives FERC
entity is entitled to use its
clarify that reserving
jurisdiction over “the
transmission facilities or
transmission for existing
transmission of electric
transmission rights to serve its
customers is not considered
energy in interstate commerce
existing customers before it
unduly discriminatory.
and the sale of such energy at
is obligated to make its
wholesale in interstate
transmission capacity
commerce.” Section 205 of
available for other uses.
the Federal Power Act
prohibits utilities from
granting “undue preference or
advantage to any person or
subject any person to any
undue prejudice or
disadvantage” (16 U.S.C.
824).

---

CRS-65
Reliability
Provision
Current Law
House
Senate
Comments
Electric reliability
No current law.
Sec. 16031. FERC is required
Sec. 206. Similar provision
This would give an electric
standards.
to issue a rule to implement
reliability organization
requirements of this section
(currently the North
not later than 180 days after
American Electric Reliability
enactment. FERC is required
Council (NERC)) the primary
to certify an electric
authority to develop
reliability organization
reliability standards.
(ERO). The FERC-approved
electric reliability
organization will develop and
enforce reliability standards
for the bulk-power system.
Standards are enforceable by
the electric reliability
organization. The provision
does not apply to Alaska or
Hawaii.
Access to transmission
No specific law.
No provision.
Sec. 208. FERC must require
by intermittent
transmitting utilities to
generators.
provide service to solar and
wind generators at rates that
do not unduly prejudice or
disadvantage the generators
for scheduling deviations.
FERC may exempt a
transmitting utility from the
requirements of this provision
if the solar and wind
generators are likely to have
an adverse impact on
reliability.

---

CRS-66
Public Utility Holding Company Act Amendments
Provision
Current Law
House
Senate
Comments
Short title.
The Public Utility Holding
Sec. 16041. This subtitle may
Sec. 221. This subtitle may be
Company Act of 1935
be cited as the “Public Utility
cited as the “Public Utility
(PUHCA, 15 U.S.C. 79 et
Holding Company Act of
Holding Company Act of
seq.).
2003.”
2003.”
Definitions.
Various terms are defined at
Sec. 16042. The following
Sec. 201. The Federal Power
15 U.S.C. 79b.
terms are defined: affiliates;
Act is amended to add federal
associate company;
power marketing agencies to
Commission; company;
the definition of an electric
electric utility company;
utility. A definition of a
exempt wholesale generator;
transmitting utility is added to
gas utility company; holding
the Federal Power Act. A
company; holding company
transmitting utility includes
system; jurisdictional rates;
state and municipally owned
natural gas company; person;
or operated transmission
public utility; public utility
facilities involved in interstate
company; State commission;
commerce or transmission of
subsidiary company; and
electricity at wholesale.
voting security.
Sec. 222. The following terms
are defined: affiliate;
associate company;
Commission; company;
electric utility company; gas
utility company; holding
company; holding company
system; jurisdictional rates;
natural gas company; person;
public utility; public utility
company; state commission;
subsidiary company, and
voting security.

---

CRS-67
Provision
Current Law
House
Senate
Comments
Repeal of the Public
In general, the Public Utility
Sec. 16043. The Public Utility
Sec. 223.The Public Utility
Utility Holding
Holding Company Act of
Holding Company Act of
Holding Company Act of
Company Act of 1935.
1935 regulates the structure
1935 is repealed.
1935 is repealed.
of holding companies by
prohibiting all holding
companies that are more than
twice removed from their
operating subsidiaries,
federally regulates holding
companies of investor-owned
utilities, and provides for
Securities and Exchange
Commission (SEC) regulation
of mergers and diversification
proposals. Registered
holding companies of
subsidiaries are required to
have SEC approval prior to
issuing securities; all loans
and intercompany financial
transactions are regulated by
the SEC. A holding company
can be exempt from PUHCA
if its business operations and
those of its subsidiaries occur
within one state or within
contiguous states (15 U.S.C.
79 et seq.).

---

CRS-68
Provision
Current Law
House
Senate
Comments
Federal access to books
Registered holding companies
Sec. 16044. Federal access is
Sec. 224. Similar provision.
and records.
and subsidiary companies are
provided to books and records
required to preserve accounts,
of holding companies and
cost-accounting procedures,
their affiliates. Affiliate
correspondence, memoranda,
companies must make
papers, and books that FERC
available to the Commission
deems necessary or
the books and records of
appropriate in the public
affiliate transactions. Federal
interest or for protection of
officials must maintain the
investors and consumers (15
confidentiality of such books
U.S.C. 79o).
and records.
State access to books
Under the Federal Power Act,
Sec. 16045. A jurisdictional
Sec. 225. Similar provision.
and records.
state commissions may
state commission may make a
examine the books, accounts,
reasonably detailed written
memoranda, contracts, and
request to a holding company
records of a jurisdictional
or any associate company for
electric utility company, an
access to specific books and
exempt wholesale generator
records, which must be kept
that sells to such electric
confidential. This section
utility, and any electric utility
does not apply to a holding
company or holding company
company that is such solely
that is an associate company
by reason of ownership of
or affiliate of an exempt
one or more qualifying
wholesale generator (16
facilities. Response to such
U.S.C. 824).
requests is mandatory.
Compliance with this section
is enforceable in U.S. District
Court.

---

CRS-69
Provision
Current Law
House
Senate
Comments
Exemption authority.
No current law.
Sec. 16046. FERC is directed
Sec. 226. FERC is directed to
to promulgate rules to exempt
promulgate rules to exempt
qualifying facilities, exempt
qualifying facilities, exempt
wholesale generators, and
wholesale generators, and
foreign utility companies
foreign utility companies
from the requirements of
from the requirements of
Section 16044.
Section 224.
Affiliate transactions.
The Federal Power Act
Sec. 16047. FERC retains the
Sec. 227. Similar 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. FERC
et seq.).
and state commissions retain
jurisdiction to determine
whether associate company
activities may be recovered in
rates.
Applicability.
No specific provision.
Sec. 16048. Except as
Sec. 228. Similar provision.
specifically noted, this
subtitle does not apply to the
U.S. 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. 16049. FERC or a state
Sec. 229. Similar provision.
regulations.
commission is not precluded
from exercising its
jurisdiction under otherwise
applicable laws to protect
utility customers.

---

CRS-70
Provision
Current Law
House
Senate
Comments
Enforcement.
15 U.S.C. 79r. The Securities
Sec. 16050. FERC has
Sec. 230. Similar provision.
and Exchange Commission
authority to enforce this
has authority to investigate
provision under sections 306-
and enforce provisions of the
317 of the Federal Power Act.
Public Utility Holding
Company Act of 1935.
Savings provisions.
Not applicable.
Sec. 16051. Persons may
Sec. 231. Similar 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 Act. 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. 16052. Not later than 12
Sec. 232. Not later than 18
months after enactment,
months after enactment,
FERC will promulgate
FERC will promulgate
regulations necessary to
regulations necessary to
implement this subtitle and
implement this subtitle and
submit to Congress
submit to Congress
recommendations for
recommendations for
technical or conforming
technical or conforming
amendments to federal law
amendments to federal law
that might be necessary to
that might be necessary to
carry out this subtitle.
carry out this subtitle.

---

CRS-71
Provision
Current Law
House
Senate
Comments
Transfer of resources.
The Securities and Exchange
Sec.16053. The Securities and
Sec. 233. Similar provision.
No time frame for transfer
Commission maintains books
Exchange Commission will
books and records is
and records and regulates
transfer all applicable books
provided.
security transactions (15
and records to FERC.
U.S.C. 79 et seq.).
Effective date.
Not applicable.
Sec. 16054. Twelve months
Sec. 236. Eighteen months
after enactment, this subtitle
after enactment, this subtitle
will take effect.
will take effect.
Authorization of
Not applicable.
Sec. 16055. Necessary funds
Sec. 237. Similar provision.
appropriations.
to carry out this subtitle are
authorized to be appropriated.
Conforming
The current jurisdiction of
Sec. 16056. The Federal
Sec. 238. Similar provision.
amendments to the
the Securities and Exchange
Power Act is amended to
Federal Power Act.
Commission under the Public
reflect the changes to the
Utility Holding Company Act
Public Utility Holding
of 1935 is referenced by 16
Company Act of 1935.
U.S.C. 825q; 16 U.S.C.
824(g)(5); 16 U.S.C. 824m.
Interagency review of
No current law.
No similar provision.
Sec. 234. An interagency task
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.

---

CRS-72
Provision
Current Law
House
Senate
Comments
GAO study on
No current law.
No similar provision.
Sec. 235. The General
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.

---

CRS-73
Public Utility Regulatory Policies Act (PURPA) Amendments
Provision
Current Law
House
Senate
Comments
Real-time pricing and
States are required to to
Sec. 16061. Not later than one
Sec. 241. States must consider
time-of-use metering
consider whether to
year after enactment, each
a standard for real-time
standards.
implement standards for the
state regulatory authority is
pricing of electricity for retail
purchase of long-term
required to consider
customers. Real-time pricing
wholesale power supplies (16
implementing the following
on the retail level would
U.S.C. 2621(d)).
standards: (1) if requested by
reflect fluctuations of
an electric consumer, each
wholesale rates. Also
electric utility must provide
contains provision on time-
customers with a real-time
of-use metering. In states
rate schedule; and (2) if
allowing retail competition,
requested by an electric
distribution company must
consumer, each electric utility
provide the same time-of-use
is required to provide time-of-
metering and communication
use metering technology.
service to all of its retail
customers.
Adoption of additional
No current law.
No similar provision.
Sec. 242. States are required
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.

---

CRS-74
Provision
Current Law
House
Senate
Comments
Technical assistance.
No current law.
No similar provision.
Sec. 243. The Secretary of
Energy is authorized to
provide technical assistance
to the states to help develop
the standards under Section
242.
Cogeneration and
Section 210 of the Public
Sec. 16062. Mandatory power
Sec. 244. Mandatory purchase
small power
Utility Regulatory Policies
purchase requirements under
requirements under PURPA
production purchase
Act of 1978 (PURPA)
§210 of PURPA will not
§210 will not apply to new
and sale requirements.
requires utilities to purchase
apply to new contracts after
contracts after the date of
power from qualifying
the date of enactment if
enactment if FERC finds that
facilities and small power
FERC finds that a competitive
a competitive electric market
producers at a rate of the
electric market exists and a
exists. FERC may enforce
utilities’ avoided cost (16
qualifying facility has access
recovery of “stranded costs”
U.S.C. 824a-3).
to independently
incurred by utilities because
administered, auction-based
of PURPA-mandated
day-ahead and real-time
cogeneration and small power
wholesale markets and long-
purchases. Ownership
term wholesale markets.
limitations under PURPA are
FERC may enforce recovery
repealed.
of “stranded costs” incurred
by utilities because of
PURPA-mandated
cogeneration and small power
purchases. Ownership
limitations under PURPA are
repealed.
Smart metering.
No current law.
Sec. 16063. States must
No provision.
consider whether to
implement time-based rate
schedules and time-based
metering.

---

CRS-75
Renewable Energy
Provision
Current Law
House
Senate
Comments
Net metering.
No current law.
Sec. 16071. Each state public
Sec. 245. Similar provision.
utility commission is
authorized to decide if net
metering, will be imple-
mented. All utilities are
required to provide net
metering. Size limits are 500
kilowatts (kw) for
commercial systems and 10
kw for residential systems.
Renewable energy
EPACT Sec. 1212 provides a
Sec. 16072. Eligibility is
Sec. 261. Eligibility is
production incentive.
1.5 cent/kwh incentive for
extended through 2023 and
extended to certain public
power produced from wind
expanded to include electric
utilities. Qualifying resources
and biomass by state and
cooperatives and tribal
are expanded to include
local governments and non-
governments. Qualifying
landfill gas, incremental
profit electrical cooperatives.
resources are expanded to
hydro, and ocean energy.
Funded by appropriations, it
include landfill gas.
Funding for hydro may not
was created to parallel the
exceed 30% of the total (also
renewable energy production
similar to Sec. 13201).
tax credit for businesses (Title
XIX).

---

CRS-76
Provision
Current Law
House
Senate
Comments
Renewable energy on
No existing requirement.
Sec. 16073. The Secretary of
Sec. 265. The Secretary of the
Federal lands.
the Interior, assisted by the
Interior is directed to create a
Secretary of Agriculture, is
pilot program to develop
required to study the potential
wind and solar energy on
for solar and wind energy
federal lands.
resources on federal lands.
Also, the National Academy
of Sciences (NAS) is directed
to study the potential for
solar, wind, and ocean energy
on the Outer Continental
Shelf.
Energy infrastructure
General DOE authority.
No provision.
Sec. 1261. DOE shall
The Department of Energy
protection and
conduct a program for
(DOE) currently has a
reliability research and
research, development, and
Transmission Reliability
development.
deployment of technologies
Program under the Office of
to protect energy
Power Technologies. The
infrastructure.
Transmission Reliability
Program conducts research to
improve the reliability of the
U.S. electric power system.
Security implementation is
the responsibility of the
Department of Homeland
Security.
Assessment of
No existing requirement.
Sec. 16074. DOE is required
Sec. 262. DOE is required to
renewable energy
to report annually on resource
report annually on resource
resources.
potential, including solar,
potential, including solar,
wind, biomass, ocean,
wind, biomass, ocean,
geothermal, and hydro.
geothermal, and hydro.

---

CRS-77
Provision
Current Law
House
Senate
Comments
Renewable portfolio
No existing requirement.
No similar provision
Sec. 264. A renewable energy
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
include solar, wind,
to 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.
Change RPS price cap
No similar provision.
Sec. 271. The 3 cent/kwh
from 3 cents to 1.5
price cap for tradable credits
cents.
in Sec. 264, which establishes
an RPS, shall be considered
1.5 cents/kwh.

---

CRS-78
Market Transparency, Round Trip Trading Prohibition, and Enforcement
Provision
Current Law
House
Senate
Comments
Market transparency
No current law.
Sec. 16081. Within 180 days
Sec. 207. Within 180 days
rules.
after enactment, FERC is
after enactment, FERC is
required to issue rules to
required to issue rules to
establish an electronic system
establish an electronic system
that provides information
that provides information
about the availability and
about the availability and
price of wholesale electric
price of wholesale electric
energy and transmission
energy and transmission
services. Commercial or
services. Commercial or
financial information that if
financial information that
disclosed FERC determines is
FERC determines to be
detrimental to the operation
privileged, confidential, or
of an effective market or
otherwise sensitive is exempt
jeopardizes system security is
from disclosure.
exempt from disclosure.
Information disclosure
No provision.
No provision.
Sec. 251. The Federal Trade
Commission must issue rules
requiring electric utilities to
provide electric consumers
information on the cost and
type of service being offered.

---

CRS-79
Provision
Current Law
House
Senate
Comments
Prohibition on round
18 U.S.C. 1341 (mail fraud):
Sec. 16082. It is unlawful for
No provision.
This section explicitly applies
trip trading.
This in part applies to use of
any individual, corporation,
existing fraud statutes to
the mail for the purpose of
or any government entity
round-trip electricity trading.
executing, or attempting to
(municipality, state, power
execute, a scheme or artifice
marketing administration) to
to defraud or for obtaining
engage in round-trip
money or property by false or
electricity trading. Round-
fraudulent pretenses,
trip trading is defined to
representations, or promises.
include contracts where
purchase and sale transactions
18 U.S.C. 1343 (wire fraud):
have no specific financial
Covers use of wire, radio, or
gain or loss and are entered
television communication in
into with the intent to distort
interstate or foreign
reported revenues, trading
commerce to transmit or to
volumes, or prices.
cause to be transmitted any
writings, signs, signals,
pictures, or sounds, for the
purpose of executing a
scheme or artifice to defraud
or for obtaining money or
property by means of false or
fraudulent pretenses,
representations, or promises.
Conforming changes.
16 U.S.C. 824.
Sec. 16083. Changes reflect
No provision.
amendments to the Federal
Power Act.

---

CRS-80
Provision
Current Law
House
Senate
Comments
Enforcement.
Criminal penalties may not
Sec. 16084. The Federal
Sec. 209. The exemptions
exceed $5,000 and/or 2 years
Power Act is amended to
from the criminal penalty
imprisonment. A civil
allow electric utilities to file a
section of the Federal Power
penalty not exceeding
complaint with FERC and to
Act (16 U.S.C. 825o(c)) for
$10,000 per day of violation
allow complaints to be filed
certain activities including
may be assessed for
against transmitting utilities.
wheeling and sales by
violations of Sections 211,
Criminal and civil penalties
Exempt Wholesale
212, 213, or 214 of the
under the Federal Power Act
Generators are repealed. The
Federal Power Act (16 U.S.C.
are increased.
civil penalty section of the
825e and 16 U.S.C. 825o).
Federal Power Act (16 U.S.C.
825o-l) is extended to include
sections of this Act.
Consumer Protections
Provision
Current Law
House
Senate
Comments
Refund effective date.
Refunds for rates that FERC
Sec. 16091. Section 206(b) of
Sec. 204. Section 206(b) of
The House bill (Sec.
finds to be unjust,
the Federal Power Act is
the Federal Power Act is
16091(4)) needs a comma
unreasonable, unduly
amended to allow the
amended to allow the
inserted after “in the fifth
discriminatory, or preferential
effective date for refunds to
effective date for refunds to
sentence” to keep the
begin a minimum of 60 days
begin at the time of the filing
begin at the time of the filing
intended meaning.
after a complaint is filed (16
of a complaint with FERC but
of a complaint with FERC but
U.S.C. 824e(b)).
not later than 5 months after
not later than 5 months after
filing of a complaint. If
filing of a complaint.
FERC does not make its
decision within the time-
frame provided, FERC must
state its reasons for not acting
and provide a time-frame for
the decision.

---

CRS-81
Provision
Current Law
House
Senate
Comments
Market-based rates.
Section 205 of the Federal
No provision.
Sec. 203. FERC may approve
This provision could limit
Power Act requires just and
market-based rates when the
FERC’s options to respond to
reasonable rates to be charged
seller and its markets meet
rates 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,
unreasonable, unduly
discriminatory or preferential,
FERC must determine a just
and reasonable rate.
Jurisdiction over
Section 201(f) of the Federal
Sec. 16092. Any entity that is
No provision.
As engrossed in the House,
interstate sales.
Power Act exempts
not a public utility (including
this section is intended to
government entities from
an entity referred to under
exempt any coop or an entity
FERC rate regulation (16
§201(f) of the Federal Power
described in §201(f) of the
U.S.C. 824).
Act) and that enters into spot
Federal Power Act that does
market transactions will be
not sell more that 4 million
subject to FERC refund
megawatt-hours of electricity
authority. This section does
in one year. However, as
not apply to electric
drafted, this section could be
cooperatives or government
interpreted as exempting all
entities (power marketing
§201(f) entities from FERC
administrations, state-owned
refund authority.
utilities, municipalities) that
sell no more than 4 million
megawatt-hours of electricity
per year. Upon finding that
action is necessary to protect
the public interest, FERC may
modify or abrogate any
contract entered into after
enactment of this section
unless the contract expressly
provides for a different
standard of review.

---

CRS-82
Provision
Current Law
House
Senate
Comments
Consumer privacy.
No current law.
Sec. 16093. The Federal
Sec. 252. The Federal Trade
Trade Commission is required
Commission is directed to
to issue rules to protect the
issue rules prohibiting an
privacy of electric consumers
electric utility from sharing
for the disclosure of
its customers’ individual
consumer information
information without prior
obtained in connection with
written approval by a
the sale or delivery of electric
consumer.
energy to consumers. If the
Federal Trade Commission
finds that a state’s regulations
provide equivalent or greater
protection than the rules
issued under this section, then
state regulations will apply
rather than federal rules.
Unfair trade practices.
No current law.
Sec. 16094. The Federal
Sec. 254. The Federal Trade
Slamming occurs when an
Trade Commission is required
Commission is required to
electric utility switches a
to issue rules to prohibit
issue rules prohibiting
customer’s electric provider
slamming and cramming. If
slamming and cramming.
without the consumer’s
the Federal Trade
knowledge. Cramming occurs
Commission determines that a
when an electric utility adds
state’s regulations provide
additional services and
equal or greater protection
charges to a customer’s
than the federal rule, then a
account without the
state’s regulations on
permission of the customer.
slamming and cramming will
apply.

---

CRS-83
Provision
Current Law
House
Senate
Comments
Office of Consumer
No current law.
No provision.
Sec. 253. An Office of
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.
Applicable procedures.
Administrative Procedure Act
No provision.
Sec. 255. The Federal Trade
(5 U.S.C. 533).
Commission will adhere to
the notice and comment
rulemaking procedures under
the Administrative Procedure
Act (5 U.S.C. 533) for rules
issued under this subtitle.
Federal Trade
Federal Trade Commission
No provision.
Sec. 256. Violations of rules
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. 57a).
State authority.
No applicable law.
No provision.
Sec. 257. States are given
This 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-84
Provision
Current Law
House
Senate
Comments
Application of subtitle.
No applicable law.
No provision.
Sec. 258. This subtitle applies
only to electric utilities whose
retail sales exceed 500
million kilowatt-hours per
calendar year.
Definitions.
16 U.S.C. 2602
No provision.
Sec. 259. Defines aggregate
consumer information and
consumer information.
Electric consumer, electric
utility, and state regulatory
authority have the same
meaning as such terms under
PURPA.

---

CRS-85
Merger Review Reform and Accountability
Provision
Current Law
House
Senate
Comments
Merger review reform
Under Section 203(a) of the
Sec. 16101. Within 180 days
Sec. 202. The Federal Power
and accountability.
Federal Power Act, FERC
of enactment, the Secretary of
Act is amended to give FERC
review of asset transfers
Energy shall transmit to
review authority for transfer
applies to transactions valued
Congress a study on whether
of assets valued in excess of
at $50,000 or more (16
FERC’s merger review
$10 million. FERC must give
U.S.C. 824b).
authority is duplicative with
state public utility
other agencies’ authority and
commissions and governors
recommendations that would
reasonable notice in writing.
eliminate any unnecessary
FERC must establish rules to
duplication. FERC is
comply with this section.
required to issue an annual
report to Congress describing
all conditions placed on
mergers under Section 203(b)
of the Federal Power Act.
FERC is also required to
include in its report whether
such a condition could have
been imposed under any other
provision of the Federal
Power Act.

---

CRS-86
Study of Economic Dispatch
Provision
Current Law
House
Senate
Comments
Study on the benefits of
No current law.
Sec. 16111. The Secretary of
No provision.
economic dispatch.
Energy, in consultation with
the states, will issue an annual
report to Congress and the
states on the current status of
economic dispatch. Economic
dispatch is defined as “the
operation of generation
facilities to produce energy at
the lowest cost to reliably
serve consumers, recognizing
any operational limits of
generation transmission
facilities.”

---

CRS-87
Motor Fuels
General Provisions
Provision
Current Law
House
Senate
Comments
Renewable content of
No provision.
Sec. 17101. A new §211(o) is
Sec. 820 (a). Similar to the
motor vehicle fuel.
added to the Clean Air Act.
House version except that 2.3
Beginning in 2005, motor
billion gallons of renewable
gasoline must contain a
fuel would be required in
certain amount of renewable
2004, increasing to 5.0 billion
fuel. In 2005, 2.7 billion
gallons in 2012. The same
gallons of renewable fuel
percentage standard would
must be sold annually,
apply after 2012.
increasing to 5.0 billion
gallons in 2015. After 2015,
the percentage of renewable
fuel required in the motor fuel
pool must be the same as the
percentage required in 2015.
This standard will largely be
met by ethanol, but other
renewable fuels, such as
biodiesel, are eligible.
Ethanol from cellulosic
biomass (including from
wood and agricultural
residue, animal waste, and
municipal solid waste) is
granted extra credits toward
fulfilling the program’s
requirements. Further, the
bill would establish a credit
trading program to provide
flexibility to refiners and
blenders.

---

CRS-88
Provision
Current Law
House
Senate
Comments
Fuels safe harbor.
No provision.
Sec. 17102. A “safe harbor”
Sec. 820 (e). Similar to the
The effect of this provision
is provided for renewable
House provision, except that
would be to protect anyone in
fuels and fuels containing
only renewable fuels would
the product chain, from
MTBE (i.e., such fuels cannot
be protected.
manufacturers down to
be deemed defective in design
retailers, from liability for
or manufacture by virtue of
cleanup of MTBE and
the fact that they contain
renewable fuels or for
renewables or MTBE). This
personal injury or property
provision applies to claims
damage based on the nature
filed after the date of
of the product (a legal
enactment.
approach that has been used
in California to require
refiners to shoulder liability
for MTBE cleanup). With
liability for manufacturing
and design defects ruled out,
plaintiffs would be forced to
demonstrate negligence in the
handling of such fuels, a more
difficult legal standard to
meet.
MTBE Ban.
No provision.
No provision.
Sec. 833(c). Not later than
four years after enactment,
the use of MTBE in motor
vehicle fuel is prohibited
except in states that
specifically authorize it. EPA
may allow MTBE in motor
vehicle fuel in quantities up to
0.5% in cases the
Administrator determines to
be appropriate.

---

CRS-89
Provision
Current Law
House
Senate
Comments
Transition from
No provision.
Sec. 17103. Section 211(c) of
Sec. 833(c). Provisions for
MTBE.
the Clean Air Act is amended
transition to substitute
to authorize $250 million in
additives are similar to the
each of FY2004-2006 for
House version. For FY2003-
grants to assist U.S. producers
FY2005, $250 million
of MTBE in converting to the
annually is authorized.
production of iso-octane and
alkylates. The Secretary of
Energy may make grants
available for conversion to
other fuel additives, unless
EPA determines that such
additives may reasonably be
anticipated to endanger public
health or the environment.
Authority for water
Sec. 211(c)(1) of the Clean
No similar provision.
Sec. 833(c). Sec. 211(c)(1) of
quality protection from
Air Act allows the
the Clean Air Act is amended
fuels.
Administrator of the
to allow EPA to control or
Environmental Protection
prohibit the sale of fuel and
Agency (EPA) to regulate
fuel additives in order to
fuels and fuel additives to
protect water quality, in
prevent air pollution.
addition to current authority
However, the Act does not
based on protection of air
grant EPA the authority to
quality.
regulate fuels to prevent
water contamination.

---

CRS-90
Provision
Current Law
House
Senate
Comments
Elimination of oxygen
Section 211(k) of the Clean
Sec. 17104. Subsection (a)
Sec. 834. Similar to the
(a) This provision takes effect
content requirement
Air Act requires that
amends the Clean Air Act to
House provision.
270 days after enactment,
for reformulated
reformulated gasoline (RFG)
eliminate the RFG oxygen
except in California, where it
gasoline.
contain at least 2% oxygen by
requirement.
takes effect immediately upon
weight. Further, the section
enactment.
sets limits on reformulated
Subsection (b) amends
gasoline volatility, toxic
§211(k)(1) to require that
(b) This provision is intended
emissions, and other
each refinery or importer of
to prevent backsliding, since
properties.
gasoline maintain the average
the reductions actually
annual reductions in
achieved in those years
emissions of toxic air
exceeded the regulatory
pollutants achieved by the
requirements. It establishes a
reformulated gasoline it
credit trading program for
produced or distributed in
emissions of toxic air
1999 and 2000.
pollutants.
Subsection (b) also requires
EPA to promulgate final
regulations to control
hazardous air pollutants from
motor vehicles and their fuels
by July 1, 2004.
Subsection (c) eliminates the
less stringent requirements for
volatility applicable to
reformulated gasoline sold in
VOC Control Region 2
(northern states) by applying
the more stringent standards
of VOC Control Region 1
(southern states).

---

CRS-91
Provision
Current Law
House
Senate
Comments
Public health and
Under the Clean Air Act
No similar provision.
Sec. 835. The EPA
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. 17105. A new §211(p) is
Sec. 836. Identical to the
vehicle fuel changes.
added to the Clean Air Act.
House provision.
Within four years of
enactment, the Administrator
of the Environmental
Protection Agency (EPA)
must publish a draft analysis
of the effects of the fuels
provisions in the Act on air
pollutant emissions and air
quality. Within five years of
enactment, the Administrator
is required to publish a final
version of the analysis.
Data collection.
No provision.
Sec. 17106. Requires DOE to
Sec. 813. Similar to the
collect and publish monthly
House provision.
survey data on the
production, blending,
importing, demand, and price
of renewable fuels, both on a
national and regional basis.

---

CRS-92
Provision
Current Law
House
Senate
Comments
Fuel system
No provision.
Sec. 17107. The EPA
Sec. 839. Similar to the
requirements
Administrator and the
House provision, except that
harmonization study.
Secretary of Energy are
the report must be published
required to conduct a study of
by June 1, 2006.
all federal, state, and local
motor fuels requirements.
They are required to analyze
the effects of various
standards on consumer prices,
fuel availability, domestic
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 December 31,
2006.
Reducing the
Under the Clean Air Act, a
Sec. 17107A. A new
No similar provision.
proliferation boutique
state not required to use
provision is added to
fuels.
reformulated gasoline (RFG)
§211(c)(4) of the Clean Air
may opt-in to the program, or
Act. The EPA Administrator
establish its own gasoline
is directed to give preference
standards (with certain
to the approval of air quality
restrictions) to meet air
SIPs that require the use of
quality goals within its State
“Federal Clean Burning
Implementation Plan (SIP).
Gasoline” (defined as RFG
with a Reid Vapor Pressure of
6.8 psi) or “Low RVP”
gasoline (with a Reid Vapor
Pressure of 7.8 psi).

---

CRS-93
Provision
Current Law
House
Senate
Comments
Additional opt-in areas
Under the Clean Air Act,
No similar provision.
Sec. 837. Areas in
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 the state of Maine.
standards are required to use
program, unless there is
reformulated gasoline (RFG).
insufficient supply of RFG.
Other nonattainment areas
with less severe problems
may opt-in to the RFG
program.
Federal enforcement of
Under the Clean Air Act
No similar provision.
Sec. 838. If a state requests,
Currently, states are
state fuels
Amendments of 1990 (42
EPA may enforce fuel
responsible for enforcing their
requirements.
U.S.C. 7545(k)), states with
requirements set in a state’s
own state-initiated fuel
less severe ozone
SIP.
standards, while EPA
nonattainment areas (that
enforces federal fuel
choose not to opt-in to the
standards.
RFG program) may set their
own fuel standards as part of
a State Implementation Plan
(SIP) for ozone.
Commercial
No provision.
Sec. 17108. The Secretary of
Sec. 820B. Identical
byproducts from
Energy is required to
provision.
municipal solid waste
establish a loan guarantee
loan guarantee
program for the construction
program.
of facilities to produce fuel
ethanol and other commercial
byproducts from municipal
solid waste. The section
authorizes such sums as may
be necessary for the program.

---

CRS-94
Provision
Current Law
House
Senate
Comments
Review of federal
Executive Order 13149
No similar provision.
Sec. 840. The Administrator
Most federal AFVs are dual-
procurement initiatives
directed federal agencies to
of the General Services
fuel vehicles (capable of
relating to use of
increase the EPA-rated fuel
Administration must submit a
being fueled by either an
recycled products and
economy of their passenger
report to Congress on efforts
alternative or conventional
fleet and
cars and to fuel alternative
by federal agencies to
fuel), and most of these are
transportation
fuel vehicles (AFVs) with
purchase recycled products,
fueled with gasoline as
efficiency.
alternative fuels a majority of
purchase AFVs and
opposed to alternative fuels.
the time.
alternative fuels, and improve
federal vehicle fleet
Executive Order 13101
efficiency.
directed federal agencies to
increase their use of recycled
products.
MTBE Cleanup
Provision
Current Law
House
Senate
Comments
Funding for MTBE
The Solid Waste Disposal Act
Sec. 17201. Appropriations
Sec. 832. Funds are
MTBE, a common additive in
contamination.
(42 U.S.C. 6991) provides for
are authorized to EPA from
authorized from the LUST
gasoline, has been found to
the regulation of underground
the Leaking Underground
Trust Fund for the prevention
contaminate underground
storage tanks, including
Storage Tank (LUST) Trust
and mitigation of
drinking water sources in
gasoline storage tanks.
Fund for actions deemed
contamination by ether fuel
several states.
Among other provisions, the
necessary to protect human
additives, including MTBE.
act allows regulations for the
health, welfare, and the
The following funds are
detection, prevention, and
environment from
authorized for FY2003-
correction of releases of
underground storage tank
FY2008: $200 million total
regulated substances.
releases of fuel containing
for for general MTBE
fuel oxygenates (including
remediation; $200 million
MTBE). A total of $850
total for release prevention;
million is authorized.
$2 million total for research
on bedrock remediation; and
$350,000 total for research on
soil remediation.

---

CRS-95
Automobile Efficiency
Provision
Current Law
House
Senate
Comments
Increased fuel economy
The Energy Policy and
No comparable provision.
Sec. 801. The Secretary of
Though the House language
standards.
Conservation Act (P.L. 94-
Transportation must issue not
does not specifically call for
163), enacted in 1975,
later than 15 months after
an increase in CAFE
established procedures
enactment “new regulations
standards or for NHTSA to
whereby the National
setting forth increased fuel
initiate a rulemaking, there is
Highway Traffic Safety
economy standards”
an implied assumption that
Administration (NHTSA)
reflecting “maximum feasible
NHTSA will undertake a
follows a rulemaking process
fuel economy levels”
rulemaking as provided in
to establish model year
consistent with factors set out
current law. By contrast, the
Corporate Average Fuel
in the original CAFE
Senate bill requires that the
Economy (CAFE) standards
legislation (P.L. 94-163).
agency do so under a
for passenger automobiles
(However, Sec. 811 freezes
schedule specified in the
and light-duty trucks. Fuel
“pickup truck” CAFE at 20.7
legislation.
economy of passenger
mpg.) An environmental
automobiles is currently 27.5
assessment is required of the
mpg; light-duty truck CAFE
effects of the new standards.
is 20.7 mpg.
Authorization of
No provision.
Sec. 18001. An authorization
Sec. 801. $2 million is
appropriations for
of $5 million is provided for
authorized to carry out this
implementation and
the implementation and
section.
enforcement of fuel
enforcement of CAFE
economy standards.
standards for FY2004-
FY2006.

---

CRS-96
Provision
Current Law
House
Senate
Comments
Study of feasibility and
No provision.
Sec. 18002. The National
No comparable provision.
effects of reducing use
Highway Traffic Safety
of fuel for automobiles.
Administration (NHTSA)
must initiate a study of the
feasibility and effects of
reducing automobile fuel use
“by a significant percentage”
by model year 2012. The
study is to examine
alternatives to the present
system of CAFE standards,
and examine the potential of
fuel cell technology in
achieving that reduction.
Expedited procedures
No current law.
No comparable provision.
Sec. 802. In the event that the
Sec. 802 does not specify
for congressional
Secretary of Transportation
what CAFE standard
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.

---

CRS-97
Provision
Current Law
House
Senate
Comments
Considerations to be
Current law requires
No comparable provision.
Sec. 803. In addition to
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.
32902(2)(f)]
manufacturers; (5) levels of
employment in the United
States; (6) the cost and lead
time for new technologies; (7)
potential benefits of advanced
technology vehicles; (8)
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.
Extension of maximum
Manufacturers earn a “CAFE
No comparable provision.
Sec. 804. Maximum increase
The fuel economy study by
fuel economy increase
credit” for producing dual-
in a manufacturer’s CAFE
the National Academy of
for alternative vehicles.
fueled vehicles. The
owing to inclusion of dual-
Sciences (NAS)
maximum increase in a
fueled vehicles in its fleet is
recommended
manufacturer’s CAFE owing
limited to 1.2 mpg for model
elimination of the credit,
to inclusion of dual-fueled
years 1993-2008, and 0.9
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-98
Provision
Current Law
House
Senate
Comments
Average fuel economy
No specific provision.
No comparable provision.
Sec. 811. The CAFE standard
The Senate bill would appear
standard for pickup
for “pickup trucks” is frozen
to require some definition of a
trucks.
at 20.7 mpg, the current
third category of vehicle —
standard for light-duty trucks.
“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.

---

CRS-99
Science
Provision
Current Law
House
Senate
Comments
Purposes, Goals &
R&D programs are currently
Secs. 20001- 20003. The
Sec. 1201-1204. A DOE
Definitions.
funded, but there are no
programs authorized in this
energy R&D and deployment
existing goals for reducing
division of the bill are
program is charged with the
Energy research and
energy intensity, curbing
intended to support basic
goals of reducing energy
development
energy use, and cutting
energy research and provide
intensity by 1.9% annually
programs.
carbon dioxide emissions.
mechanisms to develop,
through 2020, reducing total
demonstrate, and promote the
energy use by 8 quadrillion
commercial application of
Btu by 2020, and reducing
new energy technologies.
carbon dioxide by 166 million
Specific goals are provided
metric tons by 2020.
for each research area, such
as the development by 2010
of mid-sized passenger
automobiles with a fuel
economy of 80 miles per
gallon.
Research and Development
Energy Efficiency
Provision
Current Law
House
Senate
Comments
Energy efficiency.
Funding authorizations have
Sec. 21101. Funding for the
Sec. 1211. Numerous goals
expired.
DOE energy efficiency
are set for the DOE energy
programs is authorized for
efficiency programs. Also,
FY2004 through FY2007.
funding for the programs is
authorized for FY2003
through FY2006.

---

CRS-100
Provision
Current Law
House
Senate
Comments
Next Generation
No existing requirement.
Sec. 21111. A DOE program
Sec. 1213. A DOE program is
Lighting Initiative.
is created that aims to
created that aims to develop,
develop, by 2012, advanced
by 2011, advanced white
white light-emitting diodes
light-emitting diodes for high
for high efficiency lighting.
energy efficiency in lighting.
Energy Efficiency of
No specific provision.
No provision.
Sec. 1215. DOE must create
Electronic Data
an RD&D program to
Centers.
improve energy efficiency
and load management of data
centers, server farms, and
other high power density
facilities.
National Building
No existing provision.
Sec. 21121. An interagency
No provision.
Performance Initiative.
group is established to
address energy efficiency
R&D for buildings. The
National Institute of
Standards and Technology is
directed to provide
administrative support.
Electric motor control
No existing requirement.
Sec. 21122. DOE is directed
No provision.
technology.
to develop advanced control
devices to improve the
efficiency of motors used in
heating, ventilation, air
conditioning, and related
equipment.

---

CRS-101
Provision
Current Law
House
Senate
Comments
Establishment of
No provision.
Sec. 21131 and Sec. 21132. A
No similar provision.
secondary electric
program is established for
vehicle battery use
research and development on
program.
applications for used electric
vehicle batteries in utility and
commercial power storage
and power quality.
Energy Efficiency
Though there is no statutory
Sec. 21141. A program for
Sec. 1212. Statutory authority
Science Initiative.
authority, congressional
competitive grants is created.
is provided for the program
initiatives have repeatedly
An annual report is to be filed
and funding up to $50 million
funded this DOE program for
with the DOE budget request.
annually is authorized
several years. It is
Funding authorization is
indefinitely. Also, DOE is
administered jointly by the
included as part of a blanket
directed to prepare an annual
Office of Energy Efficiency
authorization in Section
report on the program.
and Renewable Energy and
21101.
the Office of Science.
Advanced Energy
No existing requirement.
Sec. 21151. DOE is directed
No provision.
Technology Transfer
to create a program that
Centers.
makes grants for demon-
stration and commercial
application, requiring a 50%
non-federal funding match.
Distributed Energy and Electric Energy Systems
Provision
Current Law
House
Senate
Comments
Distributed energy and
No specific provision.
Sec. 21201. Funding for the
No provision.
electric energy systems.
DOE distributed energy,
electric energy, and micro-
cogeneration programs is
authorized for FY2004
through FY2007.

---

CRS-102
Provision
Current Law
House
Senate
Comments
Strategy.
No existing requirement.
Sec. 21211. DOE is directed
No provision.
to prepare a study (strategy),
and identify barriers, for
hybrid distributed power
systems that use renewables,
storage, and interconnection
equipment.
High power density
No specific provision.
Sec. 21212. DOE must create
No provision.
industry program.
a research, development, and
demonstration (RD&D)
program to improve energy
efficiency and load
management of data centers,
server farms, and other high
power density facilities.
Micro-cogeneration
No specific provision.
Sec. 21213. DOE is directed
No provision.
energy technology.
to make competitive grants to
consortia to develop micro-
cogeneration technology,
including that which can be
used for residential heating.

---

CRS-103
Provision
Current Law
House
Senate
Comments
Transmission
No current law.
Sec. 21221. The Secretary of
No provision.
infrastructure systems
Energy is directed to
research, development,
implement a program to
demonstration, and
promote reliability and
commercial
efficiency of the electric
application.
transmission system. Within
one year of enactment, the
Secretary of Energy is to
submit to Congress a report
detailing the program’s five
year plan. Within two years
of enactment, the Secretary of
Energy is to submit to
Congress a report detailing
the progress of the program.

---

CRS-104
Renewable Energy
Provision
Current Law
House
Senate
Comments
Renewable energy.
General DOE authority
Sec. 21301. Funding for the
Sec. 1221. The Secretary of
(various statutes).
DOE renewable energy
the Energy is required to
programs is authorized for
conduct research,
FY2004 through FY2007.
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.
Bioenergy programs.
No existing provision.
Sec. 21311. DOE is directed
Sec. 1222. The Secretary of
to conduct programs on
Energy is required to conduct
biofuels and biopower.
research, development,
demonstration, and
deployment projects on
bioenergy, including
biopower (electricity and
process heat generation) and
biofuels (liquid fuels, gaseous
fuels, and industrial
chemicals). For FY2003
through FY2006, a total of
$295 million is authorized for
biopower research, and $281
million for biofuels research.

---

CRS-105
Provision
Current Law
House
Senate
Comments
Miscellaneous projects.
General DOE authority for
Sec. 21321. DOE is directed
No provision.
energy programs. There is no
to conduct programs on ocean
existing requirement for
and wave energy,
National Academy of
combinations of renewable
Sciences (NAS) study.
energy, and wind energy
combined with coal
gasification. NAS is directed
to study the potential for
various forms of ocean
energy.
Renewable energy in
General DOE authority.
Sec. 21322. DOE must
No provision.
public buildings.
There is no specific
conduct an innovative
requirement for projects in
program to put renewables in
public buildings.
state and local buildings,
funding up to 40% of a
project’s incremental costs.

---

CRS-106
Nuclear Energy
Provision
Current Law
House
Senate
Comments
Nuclear energy
DOE shall carry out and
Sec. 21401. Funding is
Sec. 1241. DOE shall
General authority for all DOE
research and
support research and
authorized for FY2004-
conduct an R&D program to
nuclear energy R&D activities
development
development activities related
FY2007 for DOE nuclear
enhance nuclear energy. The
is provided by the Atomic
authorizations.
to nuclear energy (Atomic
energy research,
program shall support
Energy Act of 1954 (AEA)
Energy Act Section 31).
development, demonstration,
improvements in existing
and the Department of Energy
and commercial application
commercial reactors, examine
Organization Act (P.L. 95-
activities.
advanced reactor designs,
91).
attract new nuclear science
and engineering students, and
maintain isotope production
capability. Funding is
authorized for FY2003
through FY2006.

---

CRS-107
Provision
Current Law
House
Senate
Comments
Nuclear energy
No specific provision.
Sec. 21411. DOE shall
Sec. 514. DOE shall conduct
These programs have been
research programs.
conduct a Nuclear Energy
a cost-shared program with
funded in recent years without
Research Initiative, a Nuclear
industry to “allow for the
a specific authorization.
Energy Plant Optimization
construction and startup of
Program, a Nuclear Power
new nuclear plants in the
2010 Program, a Generation
United States by 2010.”
IV Nuclear Energy Systems
Initiative, and Nuclear
Sec. 1243. From funding
Infrastructure Support.
authorized for Enhanced
Nuclear Energy Research and
Development (Section 1241),
DOE shall provide grants
under the Nuclear Energy
Research Initiative (NERI).
Sec. 1244. From amounts
authorized under Section
1241, DOE shall support a
Nuclear Energy Plant
Optimization (NEPO) grants
program for projects to
improve nuclear power plant
reliability, availability, and
productivity. The program
shall require industry cost-
sharing of at least 50%.
(Continued in next row)

---

CRS-108
Provision
Current Law
House
Senate
Comments
Nuclear energy
No specific provision.
Sec. 21411.
Sec. 1245 (continued from
These programs have been
research programs
row above). From amounts
funded in recent years without
(continued from row
authorized under Section
a specific authorization.
above).
1241, DOE shall develop a
“technology roadmap” for
designing and developing
new U.S. commercial nuclear
reactors. The roadmap shall
include a study of advanced,
“Generation IV” reactor
designs to support a decision
on selecting the most
promising of those designs
for commercial deployment.
Advanced fuel
DOE shall conduct a research
Sec. 21421. DOE’s Office of
Sec. 515. A DOE Office of
Spent fuel recycling or
recycling program.
program on alternative means
Nuclear Energy, Science, and
Spent Nuclear Fuel Research
reprocessing involves the
and technologies for disposal
Technology shall conduct a
is established to research,
extraction of plutonium and
of high-level radioactive
research and development
develop, and demonstrate
uranium from spent nuclear
waste (42 U.S.C. 10202).
program on advanced
technologies for treatment,
fuel for use in new fuel.
technologies for the
recycling, and disposal of
Supporters contend that it
reprocessing of spent nuclear
spent nuclear fuel and high-
could extend domestic energy
fuel. The technologies should
level radioactive waste. The
supplies and reduce the
be resistant to nuclear
technologies should be based
hazard posed by nuclear
weapons proliferation and
on reactors and accelerators
waste, while opponents are
support alternative spent fuel
and minimize nuclear
concerned that the extracted
disposal strategies and
weapons proliferation
plutonium could be used for
Generation IV advanced
concerns.
weapons.
reactor concepts.

---

CRS-109
Provision
Current Law
House
Senate
Comments
University nuclear
DOE may provide grants and
Sec. 21431. DOE shall
Sec. 1242. DOE shall
The provisions would add
science and
contributions to the cost of
establish a program to
provide support to university
new statutory requirements
engineering support.
construction and operation of
enhance human resources and
nuclear science and
for the existing DOE
university reactors (AEA
infrastructure in nuclear
engineering programs,
University Reactor Fuel
Section 31).
engineering and science. The
including programs to help
Assistance and Support
program shall provide
students and faculty, helping
Program.
graduate and undergraduate
to maintain university
fellowships; assist in faculty
reactors and infrastructure,
recruitment and retention;
and interaction between
support nuclear engineering
university nuclear programs
and science research;
and DOE national
encourage collaborative
laboratories. Funding is
research; help maintain and
authorized for FY2003
operate university reactors;
through FY2006.
and conduct related activities.
Study of borehole
DOE is developing a mined
Sec. 21441. DOE shall study
No provision.
Boreholes could potentially
disposal of spent
underground repository for
the feasibility of deep
go much deeper than the
nuclear fuel.
disposal of spent nuclear fuel
borehole disposal of spent
currently planned repository
and high level waste (Nuclear
nuclear fuel and high level
at Yucca Mountain, Nevada.
Waste Policy Act of 1982, 42
waste.
U.S.C. 10101 et seq.).
Study of shipping
No provision.
No provision.
Sec. 1707. The National
routes for research
Academy of Sciences shall
reactor spent fuel.
study federal procedures for
selecting transportation routes
for spent nuclear fuel from
research reactors.

---

CRS-110
Fossil Energy
Provision
Current Law
House
Senate
Comments
Fossil energy.
No specific provision.
Sec. 21501. Funding levels
See Sec. 1231 for
Although there is currently no
are authorized for fossil
authorizations.
specific authorization,
energy research and
funding for fossil energy
development activities for
research and development
FY2004-FY2007. A
programs is appropriated
percentage of the revenue
through the Interior and
from federal oil and gas lease
Related Agencies
sales shall be deposited in the
appropriations bill.
Ultra-deepwater and
Unconventional Natural Gas
and Other Petroleum
Research Fund, from which
funding is authorized for
related research programs.
Fossil energy research
No specific provision.
Sec. 21511. DOE shall
Sec. 1231. DOE shall conduct
R&D for gas hydrates, ultra-
programs.
conduct coal R&D that
a balanced fossil energy
clean fuels and heavy oil are
includes carbon sequestration,
research, development,
funded through the DOE’s
advanced separation
demonstration, and
Fossil Energy Program.
technologies, and fuels. Oil
technology deployment
and gas R&D shall include
program. The program focus
gas hydrates, ultra clean fuels,
includes reducing emissions
heavy oil and oil shale, and
from fossil fuels, developing
environmental research.
offshore resources, and
Research into fuel cells and
enhancing domestic supply
technology transfer are also
and technology for
specified.
independent producers.
Funding is authorized for
FY2003-FY2006.

---

CRS-111
Provision
Current Law
House
Senate
Comments
Safe and efficient
Coal R&D in the DOE budget
Sec. 21512. R&D priorities
Sec. 1233. A federal-private
mining technologies.
is funded under the Fossil
are to be carried out
sector research partnership is
Energy Program.
according to the Mining
set up to establish research
Industry of the Future
priorities for advanced coal
program and NAS
mining technologies.
recommendations.
R&D for new natural
No specific provision.
No comparable provision.
Sec. 1235. DOE shall conduct
gas transportation
a comprehensive R&D
technologies.
program on natural gas
transportation and distribution
technologies and distributed
energy systems.
Office of Arctic Energy
Office established by Sec.
No comparable provision.
Sec. 1236. Funding is
authorization.
3197 of P.L. 106-398.
authorized for the Office of
Arctic Energy.
Program authority.
No specific provision.
Sec. 21521. R&D is
Sec. 1234. DOE shall
R&D programs for oil and
authorized for technology
establish a program to
gas are funded under the
development and application
conduct long-term R&D into
Fossil Energy Program in the
for ultra-deepwater and
ultra-deepwater development
Interior and Related Agencies
unconventional natural gas
and environmental mitigation
appropriations bill.
and other petroleum.
technologies.
Ultra-deepwater
No provision.
Sec. 21522. The Secretary of
Sec. 1234. DOE shall
program.
Energy shall establish a
establish a program to
Program Consortium to plan
conduct long-term R&D into
for R&D activities in ultra-
ultra-deepwater development
deepwater natural gas and
and environmental mitigation
other petroleum resources.
technologies.

---

CRS-112
Provision
Current Law
House
Senate
Comments
Unconventional
No provision.
Sec. 21523. The Secretary of
Sec. 607. The Secretary of the
natural gas and other
Energy shall seek to increase
Interior and others shall study
petroleum resources
the supply of “focus area”
the effects of coalbed
program.
resources such as coalbed
methane production on water
methane, tight sands natural
resources.
gas, and gas shales. Awards
shall also focus on deep
drilling, enhanced oil
recovery, and environmental
mitigation.
Additional
No provision.
Sec. 21524. Funding
No comparable provision.
requirements for
applicants must describe the
awards.
intended use of the
technology that will be
demonstrated.
Advisory committees.
None.
Sec. 21525. An Ultra-
No comparable provision.
deepwater Advisory
Committee and an
Unconventional Resources
Technology Advisory
Committee shall be
established.
Limits on
None.
Sec. 21526. Criteria for
No comparable provision.
participation.
foreign-owned participants in
the program are established.
It is also the sense of
Congress that the program’s
primary purpose is to develop
U.S. oil and gas supply.

---

CRS-113
Provision
Current Law
House
Senate
Comments
Research fund.
None.
Sec. 21527. The Ultra-
No comparable provision.
deepwater and
Unconventional Natural Gas
and Other Petroleum
Research Fund shall be
established.
Transfer of advanced
None.
Sec. 21528. The Secretary of
No comparable provision.
oil and gas exploration
Energy shall review
and production
technology programs and
technologies.
select an organization to
manage the transfer of
suitable technologies.
Sunset.
None.
Sec. 21529. The authority for
No comparable provision.
this part terminates in 2010.
Definitions.
None
Sec. 21530. A number of
No comparable provision.
terms used in this part are
defined.

---

CRS-114
Science
Provision
Current Law
House
Senate
Comments
Authorization of
General authority is provided
Sec. 21601. Appropriations
Sec. 1251. Appropriations
appropriations for the
by DOE Organization Act
are authorized for the Office
are authorized for the Office
Office of Science.
(P.L. 95-91).
of Science for fiscal years
of Science for fiscal year
2004 through 2007, with
2003 (an increase of
increases of 10-15% per year.
approximately 20% above the
Within these totals,
2002 appropriation) and
appropriations are authorized
subsequent fiscal years
for certain specific programs
through 2006 (annual
and activities of the Office.
increases of approximately
10%). Broad program
direction is provided
regarding scientific scope, the
role of facilities, the
importance of certain research
areas, and connections with
the Department’s applied
programs.

---

CRS-115
Provision
Current Law
House
Senate
Comments
ITER (international
General DOE authority.
Sec. 21611. The United States
Sec. 1254. The Secretary shall
The United States withdrew
fusion research
may participate in the
submit an overall plan for the
from the design phase of
project).
international fusion energy
nuclear fusion program,
ITER in 1998 at
experiment known as ITER.
including certain specified
congressional direction,
Criteria are specified for any
objectives. In addition, the
largely because of concerns
agreement on U.S.
Secretary shall submit a plan
about cost and scope. The
participation. DOE shall
for construction of a burning
project has since been
develop a plan for ITER
plasma experiment in the
restructured, and in January
participation and have it
United States. If the Secretary
2003, the Administration
reviewed by the National
makes certain findings, he
announced its intention to
Academy of Sciences. Funds
may also submit a plan for
reenter the project. Other
may not be expended for
U.S. participation in an
international partners include
construction until the plan
international burning plasma
the European Union, Japan,
and other reports are provided
experiment. Appropriations
Russia, and China.
to Congress. See Sec. 21601
are authorized for fiscal year
for authorization of
2003 (an increase of
appropriations.
approximately 35% above the
2002 appropriation) and for
subsequent fiscal years
through 2006.
Plan for alternative
General DOE authority.
Sec. 21612. If DOE
(See Sec. 1254 above.)
The scientific goals of FIRE
fusion experiment.
determines that construction
are related to those of ITER
and operation of ITER are
but are less comprehensive
unlikely or infeasible, it shall
and on a smaller scale. FIRE
submit a plan for another
would be based in the United
proposed fusion energy
States.
experiment, known as FIRE.
See Sec. 21601 for
authorization of
appropriations.

---

CRS-116
Provision
Current Law
House
Senate
Comments
Plan for Fusion Energy
General DOE authority.
Sec. 21613. Competitiveness
(See Sec. 1254 above.)
Fusion Energy Sciences is an
Sciences program.
in fusion energy, including a
existing Office of Science
demonstration of electric
program.
power or hydrogen
production, shall be U.S.
policy. DOE shall submit a
plan to carry out that policy.
The plan shall be subject to
certain requirements. See Sec.
21601 for authorization of
appropriations for the Fusion
Energy Sciences program.
Spallation Neutron
No specific authorization.
Secs. 21621-21623. DOE
No similar provision.
Construction of the SNS is
Source.
shall report on the Spallation
scheduled to be completed in
Neutron Source (SNS),
2006. Although there is no
including its cost and
specific authorization, this
schedule, in its annual budget
project has been funded
submissions. DOE obligations
through Energy and Water
for the SNS, including prior
Development Appropriations
year costs, may not exceed
Acts since FY1999.
$1.193 billion (construction
only) and $1.412 billion
(total). See Sec. 21601 for
authorization of
appropriations.
Facility and
No provision.
Sec. 21631. DOE shall
No similar provision.
infrastructure support
develop, implement, and
for nonmilitary energy
report on a strategy for the
laboratories.
nonmilitary energy
laboratories and facilities of
the Office of Science.

---

CRS-117
Provision
Current Law
House
Senate
Comments
Research regarding
General DOE authority.
Sec. 21632. Appropriations
Sec. 1216. The Secretary of
Platinum, palladium and
precious metal
are authorized for research on
Energy may conduct research
rhodium are the three major
catalysis.
the use of precious metals
in the use of precious metals
precious metals currently
(except platinum, palladium,
other than platinum,
used in the in automotive
and rhodium) in catalysis.
palladium and rhodium for
catalytic converters.
use in automotive catalytic
converters.
Nanotechnology
General DOE authority.
Sec. 21633. DOE shall
Sec. 1252. A nanoscience and
Nanotechnology R&D is
research and
implement a Nanotechnology
nanoengineering R&D
currently conducted in the
development.
R&D Program with specified
program, including research
Basic Energy Sciences
goals and activities. Within
centers and major
program of the Office of
two years, DOE shall report
instrumentation, is established
Science.
to Congress on its efforts to
within the Office of Science.
identify societal and ethical
Appropriations for fiscal
concerns related to
years 2003 through 2006 are
nanotechnology.
authorized as part of the
overall authorization given in
Sec. 1251.

---

CRS-118
Provision
Current Law
House
Senate
Comments
Advanced scientific
Existing DOE advanced
Sec. 21634. DOE shall
Sec. 1253. The Office of
The Advanced Scientific
computing for energy
computing programs are
support advances in the
Science’s advanced scientific
Computing Research program
missions.
conducted under the High
nation’s computing capability
computing program is
of the Office of Science
Performance Computing Act
through research on grand
expanded to include, as well
currently conducts computing
of 1991 (15 U.S.C. 5523) and
challenge computational
as research, the deployment
research.
general DOE authority.
science problems. The
of high-performance
Networking and Information
computing and collaboration
Technology R&D Program
tools for research in DOE
shall conduct research on
mission areas. Appropriations
specified topics and shall be
are authorized for fiscal year
coordinated with related
2003 (an increase of
activities in DOE and
approximately 75% above the
elsewhere. DOE shall report
2002 appropriation) and for
to Congress before
subsequent fiscal years
undertaking any new
through 2006.
initiative to develop advanced
architectures for high-speed
computing.
Nitrogen fixation.
General DOE authority.
Sec. 21635. DOE shall
No similar provision.
support a program of
research, development,
demonstration, and
commercial application on
biological nitrogen fixation.

---

CRS-119
Provision
Current Law
House
Senate
Comments
Department of Energy
No provision.
Sec. 21636. DOE shall
Sec. 1501. The Energy
Science and
establish a scholarship
Information Administration
Technology
program designed to recruit
shall monitor trends in the
Scholarship Program.
and prepare students for
energy industry technical
careers in DOE. Scholarship
workforce, include statistics
recipients are obligated to
on these trends in its annual
work for DOE for 24 months
reports, and report to
per year of scholarship
Congress when a significant
received.
personnel shortfall occurs or
is forecast. A grant program
is created for training
technical personnel in
shortfall areas.
Sec. 1502. A program of
postdoctoral fellowships in
energy R&D is established.
The Secretary may arrange
for this program to
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.
No similar provision.
Sec. 1503. DOE must work
electric energy
with utilities and unions to
industry personnel.
create model employee
training guidelines to increase
electric reliability.

---

CRS-120
Provision
Current Law
House
Senate
Comments
National Power Plant
None.
No similar provision.
Sec. 1506. DOE must
Operations Technology
establish a center to conduct
and Education Center.
training and certification of
operators at electric power
generating plants.
Genomes to life.
General DOE authority.
Sec. 21641. DOE shall
No similar provision.
Genomes to Life is an
establish a research,
existing activity in the
development, and
Biological and Environmental
demonstration program in
Research program of the
genetics, protein science, and
Office of Science.
computational biology of
microbes and plants, with
specified goals. Within one
year, DOE shall submit a
research plan for this program
to the Congress and contract
with NAS to review the plan
within an additional six
months.
Energy and Environment
Provision
Current Law
House
Senate
Comments
Authorization of
No specific provision.
Sec. 21701. Funding is
No provision.
appropriations for
authorized for DOE to
environmental
support United States -
programs.
Mexico energy cooperation
and for a program to reduce
material wastes.

---

CRS-121
Provision
Current Law
House
Senate
Comments
United States-Mexico
No existing provision.
Sec. 21702. DOE is directed
Sec. 1414. A collaborative
energy technology
to create a program in its
RD&D program is established
cooperation.
Carlsbad Environmental
in the DOE Office of
Management Field Office
Environmental Management
focused on energy-efficient
to promote energy-efficient,
and environmentally sound
environmentally sound
economic development along
economic development along
the U.S.-Mexico border.
the United States-Mexico
border.
Waste reduction and
No existing requirement.
Sec. 21703. DOE is
No provision.
use of alternatives.
authorized to make a single
grant to a university to study
the feasibility of burning
post-consumer carpet in
cement kilns.
Coal gasification.
No provision.
Sec. 21704. Loan guarantees
See Sec. 1232. (Senate index
are authorized for a power
is at the end of this report.)
plant using integrated
combined cycle technology,
producing in a deregulated
market, and receiving no
subsidy.
Petroleum coke
No specific provision
Sec. 21705. Loan guarantees
No comparable provision.
gasification.
are authorized for at least one
petroleum gasification
polygeneration project.

---

CRS-122
Provision
Current Law
House
Senate
Comments
Other biopower and
No specific provision.
Sec. 21706. DOE must
No provision.
bioenergy.
conduct a program to help
plan projects to convert
certain biomass sources (e.g.
rice straw, poultry fat, barley
grain) into biopower and
biofuels.
Coal technology loan.
No specific loan provision
Sec. 21707. A $125 million
Sec. 1237. Funding is
This refers to a clean coal
loan is authorized for DOE
authorized for a $125 million
demonstration project in
project #DE-FC22-
loan to an experimental clean
Healy, Alaska.
91PC99544.
coal plant.
Fuel cell test center.
No provision.
Sec. 21708. The Secretary of
No similar provision.
Energy is required to study
the establishment of a test
center for advanced fuel cells
at an institution of higher
learning. A total of $500,000
is authorized for this study.
Fuel cell transit bus
No provision.
Sec. 21709. A program is
No similar provision.
Various programs under the
demonstration.
established to demonstrate up
Transportation Equity Act for
to 12 fuel cell transit buses in
the 21st Century (TEA-21, PL.
three geographically
105-178) provide funding for
dispersed locations. A total
transit projects. Funds from
of $40 million is authorized
these programs could be used
for FY2004 through FY2007.
for fuel cell bus projects.

---

CRS-123
Provision
Current Law
House
Senate
Comments
Safe Drinking Water
No provision.
No provision.
Secs. 611-612. Funding is
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.
Management
Provision
Current Law
House
Senate
Comments
Definitions.
No provision.
No similar provision.
Sec. 1401. The term “single-
purpose research facility”
includes 15 named DOE-
owned facilities and any
similar DOE organization
designated as such by the
Secretary.
Availability of funds.
No existing provision.
Sec. 21801. DOE funds for
Sec. 1402. Appropriations
this title are made available
authorized under titles XII
until expended.
(energy R&D), XIII (climate
change R&D), and XV
(traineeships and fellowships)
shall remain available until
expended.

---

CRS-124
Provision
Current Law
House
Senate
Comments
Cost sharing.
No specific provision; various
Sec. 21802. Except as
Sec. 1403. Cost-sharing is
energy statutes include cost-
otherwise provided in this
required for DOE projects in
sharing requirements.
title, DOE shall generally
energy efficiency R&D,
require at least a 20% match
renewable energy R&D,
for R&D projects and a 50%
fossil energy R&D, and
match for demonstration
nuclear energy R&D. The
projects. The matching
non-federal share must be at
requirement can be reduced
least 20% for research and
for certain reasons.
development projects and at
least 50% for demonstration
and deployment projects. The
Secretary may waive or
reduce these requirements
under certain conditions.
Merit review of
No specific provision.
Sec. 21803. An impartial
Sec. 1404. An independent
proposals.
review of scientific and
review of scientific and
technical merit is required
technical merit shall be
before DOE may award funds
conducted before a proposal
authorized under this title.
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).

---

CRS-125
Provision
Current Law
House
Senate
Comments
External technical
General authority for DOE
Sec. 21804. Advisory boards
Sec. 1405. Same.
review of departmental
advisory committees is
shall be established for DOE
programs.
provided by 42 U.S.C. 7234.
R&D programs in energy
efficiency, renewable energy,
fossil energy, nuclear energy,
and climate change
technology. The requirement
may be met by existing DOE
boards or by boards
established by the National
Academy of Sciences.
Existing advisory committees
shall continue for R&D
programs of the Office of
Science.
Improved coordination
No specific provision.
Sec. 21805. A Technology
Sec. 1407. A Technology
of technology transfer
Transfer Coordinator is
Partnership Working Group is
activities.
established to oversee DOE
established, consisting of
technology transfer activities
representatives of the DOE
and coordinate the activities
national laboratories and
of a Technology Partnership
single-purpose research
Working Group. The
facilities, to coordinate
Working Group is to be
technology transfer. A
established with represen-
Technology Transfer
tatives of the DOE national
Coordinator is established
laboratories and single-
to oversee DOE technology
purpose research facilities.
transfer activities and
coordinate the activities of the
Technology Partnership
Working Group.

---

CRS-126
Provision
Current Law
House
Senate
Comments
Technology
No specific provision.
No similar provision.
Sec. 1408. A program is
infrastructure
established to help national
program.
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.
Small business
No existing provision.
Sec. 21806. The Secretary of
Sec. 1409. A small
advocacy and
Energy must require each
business assistance program
assistance.
national laboratory to
is established. A small
designate a small business
business advocate must be
advocate to increase small
appointed at each national
businesses’ participation in
laboratory and, if directed by
programs and to provide
the Secretary, at each single-
training and technical
purpose research facility.
assistance for them. DOE
may also require that an
advocate be appointed at each
single-purpose research
facility.

---

CRS-127
Provision
Current Law
House
Senate
Comments
Other transactions
42 U.S.C. 7256.
No similar provision.
Sec. 1410. DOE may use
authority.
other transactions to fund
research projects when (1) a
standard contract, grant, or
cooperative agreement would
be infeasible or inappropriate,
(2) the research to be
supported does not duplicate
existing DOE programs, and
(3) government funds are half
or less of the total funding for
the project. These
transactions shall be exempt
from the patent rights and
invention reporting
requirements of 42 U.S.C.
5908, and DOE shall not
disclose confidential
information submitted by
non-federal participants or
developed as part of a
supported project.
Guidelines for these
transactions must be
established.

---

CRS-128
Provision
Current Law
House
Senate
Comments
Mobility of scientific
No existing provision.
Sec. 21807. DOE must
Sec. 1411. The
and technical
prepare a report on
Technology Transfer
personnel.
disincentives to the transfer of
Coordinator (established by
scientific and technical
Sec. 1407) must prepare a
personnel among the
report on disincentives to the
contractor-operated national
transfer of scientific and
laboratories and single-
technical personnel among
purpose research facilities.
the contractor-operated
national laboratories and
single-purpose research
facilities.
NAS report on
No existing provision.
Sec. 21808. DOE shall
Sec. 1412. NAS must prepare
commercial energy
arrange with NAS to study
a study on accelerating the
technology
obstacles to accelerating
cycle of energy technology
applications.
commercial energy
research, development, and
technology applications and
deployment.
technology transfer.
Sec. 1413. The Technology
Partnership Working Group
(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-129
Provision
Current Law
House
Senate
Comments
Outreach.
No existing requirement.
Sec. 21809. For each program
No provision.
authorized under this title, the
Secretary of Energy is
directed to create an outreach
component to provide
information to stakeholders,
including business, industry,
consumers, universities,
national laboratories and
others.
Competitive bidding.
No existing requirement.
Sec. 21810. All management
No provision.
and operating contracts under
this title must be bid competi-
tively. The Secretary of
Energy may grant a waiver on
a case-by-case basis, but must
notify Congress two months
beforehand.
Reprogramming.
No existing requirement.
Sec. 21811. The Secretary of
No provision.
Energy must report plans for
distributing appropriations
among the programs
authorized under this title.
Reprogrammings larger than
5% must also be reported.

---

CRS-130
Provision
Current Law
House
Senate
Comments
Energy research and
R&D programs are currently
Sec. 21812. The Secretary is
Sec. 1201-1204. A DOE
development programs
funded, but there are no
directed to carry out the
energy R&D and deployment
and construction with
existing goals for reducing
programs under this title in
program is charged with the
other laws.
energy intensity, curbing
accordance with other statutes
goals of reducing energy
energy use, and cutting
that govern the operations of
intensity by 1.9% annually
carbon dioxide emissions.
DOE and its programs.
through 2020, reducing total
energy use by 8 quadrillion
Btu by 2020, and reducing
carbon dioxide by 166 million
metric tons by 2020.
University
No existing requirement.
Sec. 21813. The Secretary of
Sec. 1505. DOE education
collaboration.
Energy is directed to report
programs must give priority
on the feasibility of
to activities that encourage
promoting collaboration
women and minorities to
among large and small
pursue scientific and technical
colleges through grants,
careers. DOE national
contracts, and cooperative
laboratories (and other DOE
agreements on energy
science facilities if so directed
projects. The Secretary is
by the Secretary) must
also to consider incentives for
increase the participation of
small colleges.
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-131
Provision
Current Law
House
Senate
Comments
Federal laboratory
The Stevenson-Wydler
Sec. 21814. The Stevenson-
No provision.
educational partners.
Technology Innovation Act
Wydler Technology
(P.L. 96-480, as amended)
Innovation Act is amended to
requires that royalties be
require that royalties from all
retained by the laboratory that
federal agencies distributed
produced the invention and
for R&D at all national
that cooperative R&D
laboratories also be available
agreements be consistent with
for educational assistance
the missions and objectives of
consistent with DOE missions
the agencies involved. There
and objectives. Also, the Act
is no existing requirement
is broadened to require that
that the royalties be available
all cooperative R&D
for educational assistance.
agreements involving federal
Also, there is no requirement
agencies and national
that all laboratories consider
laboratories must consider
DOE missions and objectives.
educational assistance
consistent with DOE missions
and objectives.
DOE-NASA
No existing requirement.
Sec. 21815. The Secretary of
No provision.
cooperation.
Energy is directed to form an
interagency agreement with
the National Aeronautics and
Space Administration
(NASA) to make NASA’s
energy expertise more
available to DOE programs.
The covered technologies
shall include solar, wind, fuel
cells, and hydrogen storage
and distribution.

---

CRS-132
Department of Energy Management
Provision
Current Law
House
Senate
Comments
External regulation of
DOE regulates nuclear safety
Sec. 22001. DOE shall
No provision.
Department of Energy.
at its facilities, with oversight
prepare a report on external
of defense-related facilities by
regulation of its non-defense
the Defense Nuclear Facilities
facilities. The report shall
Safety Board (AEA, Chapter
study the transfer of nuclear
21).
safety regulation for such
facilities to the Nuclear
Regulatory Commission and
worker safety and health
regulation to the Occupational
Safety and Health
Administration.

---

CRS-133
Provision
Current Law
House
Senate
Comments
Improved coordination
DOE’s administrative
Sec. 22002. The DOE
Sec. 1406. The new position
and management of
structure is governed by the
Organization Act is amended
of DOE Under Secretary for
civilian science and
Department of Energy
to designate an Assistant
Energy and Science is
technology programs.
Organization Act (42 U.S.C.
Secretary to head the Office
established, with authority
7132).
of Science. Also, certain
over the assistant secretaries
technical and conforming
responsible for energy R&D,
amendments are made.
energy technology, and
science, and also to serve as
science and technology
advisor to the Secretary. The
Director of the Office of
Science shall become an
assistant secretary, while
certain advisory
responsibilities are transferred
to the new under secretary.
An additional assistant
secretary position is created,
and it is the sense of the
Senate that leadership for
DOE missions in nuclear
energy should be at the
assistant secretary level.

---

CRS-134
Provision
Current Law
House
Senate
Comments
Report on equal
No existing requirement.
Sec. 22003. The Secretary of
No provision.
employment
Energy is required to produce
opportunity practices.
a biennial report on equal
employment opportunities
that includes a review of the
outreach efforts by each
national laboratory’s
contractor to attract women
and minorities, and a
summary of laboratory
collaboration with the Office
of Federal Contract
Compliance Programs.
Sense of Congress on
No specific provision.
Sec. 22004. The Secretary of
No provision.
procurement controls.
Energy is directed to
implement more stringent
procurement and inventory
controls, including the
purchase card program, to
prevent waste, fraud, and
abuse.

---

CRS-135
Clean School Buses
Provision
Current Law
House
Senate
Comments
Grants for purchasing
No provision.
Sec. 23001. A pilot program
Sec. 814. Similar to the
alternative fuel school
is established by DOE to
House provision, except that
buses.
provide grants to local
the program is jointly
governments and contractors
administered by DOE and the
that provide school bus
Department of
service for public school
Transportation.
systems. Grants are provided
to aid in the purchase of
alternative fuel and advanced
diesel buses, and the
infrastructure necessary to
support them.
Fuel cell bus
No provision.
Sec. 23002. A pilot program
Sec. 815. Substantially
Programs under the
development and
is established for the
similar to the House
Transportation Equity Act for
demonstration
development and
provision.
the 21st Century (TEA-21,
program.
demonstration of fuel cell
P.L. 105-178) provide
school buses.
funding for demonstration of
fuel cell buses, mainly for
transit purposes.

---

CRS-136
Provision
Current Law
House
Senate
Comments
Hybrid electric and
No provision.
See Sec. 23002 and Sec.
Sec. 807. Appropriations of
fuel cell vehicles.
15033.
$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.
Fuel cell
No current law.
See Sec. 23002.
Sec. 809. The Secretaries of
demonstration.
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.

---

CRS-137
Provision
Current Law
House
Senate
Comments
Bus replacement.
Sec. 5111 of the
Sec. 23002. A pilot program
Sec. 810. The Secretary of
While TEA-21 authorized a
Transportation Equity Act for
is established for the
Transportation is required to
total of $250 million over five
the 21st Century (TEA-21,
development and
carry out a study to determine
years, only $10 million total
P.L. 105-178) established the
demonstration of fuel cell
how best to replace diesel-
was appropriated in FY1999
Advanced Vehicle
school buses.
fueled buses with buses that
and FY2000. Congress has
Technologies Program
[also see Sec. 15033]
are hybrids, or buses that use
not appropriated funds for
(AVP), which promotes
fuel cells or cleaner burning
AVP since FY2000.
advanced technology
alternative and renewable
development through
fuels.
contracts, grants, and
cooperative agreements.
Diesel retrofit
No provision.
Sec. 23003. A pilot program
No similar provision.
program.
is established to provide
grants for the development
and application of retrofit
technologies for diesel school
buses.
Authorization of
No provision.
Sec. 23004. A total of $300
Sec. 816. A total of $210
appropriations.
million is authorized for
million is authorized for
FY2004 through FY2006, for
FY2004 through FY2006 for
projects under Secs. 23001
projects under sections 814
and 23002. However, no
and 815. There is a similar
more than a total of $25
$25 million limitation on
million may be used for Sec.
spending for fuel cell buses
23002. Such sums as
(Sec. 815).
necessary are authorized for
Sec. 23003.

---

CRS-138
Resources
Indian Energy
Provision
Current Law
House
Senate
Comments
Indian energy.
Grants and low-interest loans
Sec. 30101. Procedures are
No similar provision
are authorized for energy
outlined whereby an Indian
projects on Indian
tribe may “enter into a lease
reservations under Title
or business agreement for the
XXVI of the Energy Policy
purpose of energy
Act of 1992 (25 U.S.C. 3501
development” and “grant
et seq.).
right-of-way over the Indian
land of the Indian tribe for a
pipeline or electric
transmission or distribution
line without specific approval
by the Secretary” of the
Interior.
Grants and low-interest loans
for the development of tribal
energy resources are
eliminated.

---

CRS-139
Provision
Current Law
House
Senate
Comments
Comprehensive Indian
No provision.
No provision.
Sec. 401. A comprehensive
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.
Office of Indian
No provision.
No provision.
Secs. 402-403. Within the
Energy Policy and
DOE, an Office of Indian
Programs.
Energy Policy and Programs
is created to administer the
programs from the previous
section, 401. Appropriations
are authorized.
Siting energy facilities
No provision.
No provision.
Sec. 404. Indian tribes may
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.

---

CRS-140
Provision
Current Law
House
Senate
Comments
Indian mineral
No provision.
No provision.
Sec. 405.The Secretary of the
development act
Interior is required to
review.
undertake a review and make
recommendations regarding
tribal opportunities under the
Indian Mineral Development
Act.
Renewable energy
No provision.
No provision.
Sec. 406. The Secretary of
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.
Federal Power
No provision.
No provision.
Sec. 407. The Bonneville
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.

---

CRS-141
Provision
Current Law
House
Senate
Comments
Feasibility study of
None.
No provision.
Sec. 408. DOE, in
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.
Oil and Gas
Provision
Current Law
House
Senate
Comments
Program on oil and gas
Royalty-in-kind authority is
Sec. 30201. When the federal
No comparable provision.
royalties-in-kind.
provided by the Outer
government sells any physical
Continental Shelf Lands Act
quantity of oil and gas
of 1953, as amended (43
received as royalty-in-kind
U.S.C. 1331, et seq.).
payments, it must sell it for
market value and must
receive revenues greater than
or equal to those received
under a comparable cash
payment royalty.
Clarification of fair
The Mineral Leasing Act of
Sec. 30202. The Secretary of
No provision.
market rental value
1920, as amended, governs
the Interior and the Secretary
determinations for
the development of oil and
of Agriculture shall revise
public lands and Forest
gas on public lands (30 U.S.C
and update annually rental
Service rights-of-way.
181 et seq.).
fees for land encumbered by a
linear right-of-way to reflect
fair market value.

---

CRS-142
Provision
Current Law
House
Senate
Comments
USGS estimates of oil
The Mineral Leasing Act of
Sec. 30203. The U.S.
Sec. 602. The Secretary of the
and gas resources
1920, as amended, provides
Geological Survey (USGS)
Interior shall ensure timely
underlying onshore
the authority for onshore
shall identify restrictions and
action on applications for oil
federal lands.
federal lands to be leased for
impediments relevant to
and gas leases and drilling
development.
onshore oil and gas
permits on federal lands.
development and also report
the amount of the resource
that otherwise would have
been produced.
Royalty incentives for
The Outer Continental Shelf
Sec. 30204. Royalty relief
No provision.
certain offshore areas.
Lands Act (OCSLA, 43
would be provided for
U.S.C. 1331) provides the
shallow water deep gas
authority for oil and gas
production at certain depths
leasing and development
and for deepwater areas at
offshore. The Deepwater
fixed production levels at
Royalty Relief Act of 1996
certain depths.
specifies how deepwater
royalty relief is granted.
Marginal property
No specific provision.
Sec. 30205. The Secretary of
No provision.
production incentives.
the Interior may reduce or
terminate royalties for
independent oil and gas
producers under certain
conditions.

---

CRS-143
Provision
Current Law
House
Senate
Comments
Federal onshore oil
No provision.
Sec. 30206. The Secretaries
Sec. 602. The Secretary of the
and gas leasing and
of the Interior and Agriculture
Interior shall ensure timely
permitting practices.
shall evaluate the oil and gas
action on applications for oil
leasing and permitting
and gas leases and drilling
process with particular
permits on federal lands.
emphasis on time frames for
the permit process. The
Secretaries shall report their
findings to House and Senate
committees.
Management of federal
No specific provision.
Sec. 30207. Best management
Sec. 602. The Secretary of the
oil and gas leasing
practices shall be employed in
Interior shall ensure timely
programs.
the onshore oil and gas
action on applications for oil
leasing program to ensure
and gas leases and drilling
timely development of
permits on federal lands.
resources.
Consultation regarding
None.
Sec. 30208. A memorandum
Sec. 602. The Secretary of the
oil and gas leasing on
of understanding (MOU)
Interior shall ensure timely
public lands.
between the Secretary of the
action on applications for oil
Interior and the Secretary of
and gas leases and drilling
Agriculture shall include
permits on federal lands.
provisions to ensure timely
action on oil and gas leases
for development and
coordinated management.
Oil and gas lease
Section 27(d)(1) of the
Sec. 30209. Single-state
Secs. 603. Lease acreage
acreage limitations.
Mineral Leasing Act
leasing limitations shall not
limitations are altered.
establishes acreage limits on
include acreage committed to
leaseholdings within a single
a federally approved unit or
state (30 U.S.C. 184 (d)(1)).
cooperative plan or
communitization agreement.

---

CRS-144
Provision
Current Law
House
Senate
Comments
Federal reimbursement
No specific provision.
Sec. 30210. The Secretary of
Sec. 604. The Secretary of the
for orphan well
the Interior shall establish a
Interior, in cooperation with
reclamation.
program that ensures the
the Secretary of Agriculture,
reclamation of orphaned wells
shall establish a program that
on federal lands.
ensures the remediation of
orphaned wells on federal
land.
Preservation of
None.
Sec. 30211. The Secretary of
No provision.
geological and
the Interior shall establish a
geophysical data.
Data Archive System
including subsurface data
from federal lands, a national
catalog, an advisory
committee, and financial
assistance to participating
states. $30 million would be
authorized for FY2004-
FY2008.
Compliance with
None.
Sec. 30212. Before any
No provision.
Executive Order No.
person takes any action that
13211; actions
could have a significant
concerning regulations
adverse effect on the supply
that significantly affect
of domestic energy resources
energy supply,
from federal public lands, the
distribution, or use.
person shall comply with
Executive Order No. 13211,
requiring preparation of a
“Statement of Energy
Effects.”

---

CRS-145
Provision
Current Law
House
Senate
Comments
Reimbursement for
No provision.
Sec. 30213. The Mineral
No provision.
costs of NEPA
Leasing Act (30 U.S.C. et.
analyses,
seq.) is amended to provide
documentation, and
reimbursement for costs for
studies.
NEPA-related studies under
certain circumstances.
Alternate
No provision.
Sec. 30214. The Secretary of
No provision.
energy-related uses on
the Interior may grant
the Outer Continental
easements or rights-of-way on
Shelf (OCS).
the outer continental shelf
(OCS) for energy-related
activity on a competitive or
noncompetitive basis and may
charge fees for such access. A
surety bond or other financial
guarantee is required.
Appeals of consistency
The Secretary of the Interior
Sec. 30215. Time limits are
No provision.
determinations under
shall publish notice to
established for appeals of
the Coastal Zone
indicate when an appeal of a
CZMA consistency
Management Act of
consistency determination has
determinations.
1972.
been closed under Section
319 of the Coastal Zone
Management Act of 1972
(CZMA, 16 U.S.C. 1465).
Task force on energy
No provision.
Sec. 30216. It is the sense of
No provision.
project streamlining.
Congress that the task force
set up by Executive order
13212 to review and expedite
the permitting process for
energy projects should remain
in place until its objectives
are met.

---

CRS-146
Provision
Current Law
House
Senate
Comments
Pilot program on
No provision.
Sec. 30217. “The Sense of
No provision.
Northern Rocky
the Congress” is to carry out
Mountains energy
the pilot project included in
resource management.
Executive Order 13212 in the
Northern Rocky Mountains in
order to improve management
of the region’s energy
resources.
Energy development
No provision.
Sec. 30218. The Council on
No provision.
facilitator study.
Environmental Quality shall
report on the feasibility of
establishing the position of
Facilitator for Energy
Development.
Combined
Lands within a special tar
Sec. 30219. The Mineral
No provision.
hydrocarbon leasing.
sands area shall be leased
Leasing Act is amended to
under general competitive
allow separate leases for tar
bidding regulations (Mineral
sands and for oil and gas in
Leasing Act of 1920, 30
the same area.
U.S.C. 226 (b)(2), Section 17
(b)(2)).
Royalty payments
Compensation is provided to
Sec. 30220. The lessee of a
No provision.
A covered lease tract is a tract
under leases under the
the state of Louisiana and its
“covered lease tract” may
or portion of a tract (A) lying
Outer Continental
lessees for net drainage of oil
withhold royalties due to the
seaward of the zone defined
Shelf Lands Act.
and gas resources (OCS
United States if it pays the
and governed by section 8(g)
Lands Act of 1953 as
State of Louisiana 44 cents
of the OCSLA (43 U.S.C.
amended, 43 U.S.C. 1334,
for every dollar of the federal
1337(g)) or (B) lying within
section 5 (j)).
royalty withheld. This
such zone but to which such
royalty relief ends when
section does not apply.
certain drainage claims are
satisfied.

---

CRS-147
Provision
Current Law
House
Senate
Comments
Federal technical
Mineral Leasing Act of 1920.
No provision.
Sec. 605. The Secretary of
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
No provision.
Sec. 606. The Minerals
suspensions.
Lands Act (43 U.S.C. 1334).
Management Service (MMS)
can suspend offshore oil and
gas operations to reevaluate
geological data if the
suspension would prevent
waste from unnecessary well
drilling.
Coalbed methane
Coalbed methane R&D is
No provision.
Sec. 607. The Secretary of the
study.
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.
Oil and gas production
Mineral Leasing Act of 1920.
No provision.
Sec. 608. The Secretary of
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.

---

CRS-148
Provision
Current Law
House
Senate
Comments
Coal leasing in the
Coal is currently being leased
No provision.
Sec. 613. The Secretary of the
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-149
Biomass Energy
Provision
Current Law
House
Senate
Comments
Grants to improve the
No existing provision.
Sec. 30301. DOE is
No provision.
commercial value of
empowered to make grants of
forest biomass for
up to $20 per green ton (a ton
electric energy, useful
of freshly sawed or undried
heat, transportation
wood) to individuals,
fuels, petroleum-based
businesses, communities, and
product substitutes,
Indian tribes for the
and other commercial
commercial use of biomass
purposes.
for fuel, heat, or electric
power. Also, DOE is
empowered to make grants as
an incentive to projects that
develop ways to improve the
use of, or add value to,
biomass. Preference is given
to small towns, rural areas,
and areas at risk of damage to
the biomass resource. DOE is
authorized $50 million over
10 years for this section.
Arctic Coastal Plain Domestic Energy
Provision
Current Law
House
Senate
Comments
Short title.
None.
Sec. 30401. Arctic Coastal
No provision.
Plain Domestic Energy
Security Act of 2003.

---

CRS-150
Provision
Current Law
House
Senate
Comments
Definitions.
The coastal plain of the Arctic
Sec. 30402. The ANWR
No provision.
The House definition
National Wildlife Refuge
coastal plain comprises about
identifies the same area as
(ANWR) is defined as an area
1.5 million acres as described
current law.
on a specific map by the
in Appendix I to Part 37 of
Alaska National Interest
Title 50 CFR.
Lands Conservation Act of
1980 (ANILCA Sec. 1002, 16
U.S.C. 3142(b)(1)).
Leasing program for
Oil and gas leasing in the
Sec. 30403. Section 1003 of
No provision.
lands within the
Arctic National Wildlife
ANILCA is repealed, and the
Coastal Plain.
Refuge (ANWR) is prohibited
Secretary of the Interior is
under provisions of the
required to implement a
Alaska National Interest
competitive oil and gas
Lands Conservation Act of
leasing program for the
1980 (ANILCA Sec. 1003, 16
ANWR Coastal Plain. The
U.S.C. 3143).
1987 “Final Legislative
Environmental Impact
Statement” is deemed to
satisfy the National
Environmental Policy Act of
1969 with respect to
establishing the leasing
program. With regard to
other NEPA requirements, a
new study is called for,
limited to identification of
one preferred action and one
other drilling option. The
Secretary may exclude any
special area up to a specified
limit from leasing or surface
occupancy, although
horizontal drilling access is
permitted.

---

CRS-151
Provision
Current Law
House
Senate
Comments
Lease sales.
Current oil and gas leases are
Sec. 30404. The Secretary of
No provision.
If other requirements — such
held under the Mineral
the Interior is directed to offer
as NEPA reviews and winter
Leasing Act of 1920, as
to qualified bidders not less
pre-leasing exploration —
amended.
than 200,000 acres in the first
cannot be completed in this
lease sale, which is to take
time, the consequences are
place within 22 months of
not specified.
enactment. Additional sales
may be made if interest
exists.
Grant of leases by the
The Mineral Leasing Act of
Sec. 30405. The Secretary of
No provision.
Secretary.
1920 established lease terms
the Interior may grant leases
and conditions on public
to the highest qualified
lands in general, but leasing
bidder.
in ANWR is prohibited under
ALILCA.
Lease terms and
Leasing is prohibited under
Sec. 30406. A royalty rate of
No provision.
conditions.
ANILCA.
12.5% in-value or in-kind is
assessed on production. As
with other federal oil and gas
leases, lessees are responsible
for the reclamation of
disturbed lands in the Coastal
Plain to their prior use or to a
higher or better use as
approved by the Secretary of
the Interior. A fair share of
development work must go to
Alaskans, similar to the
Trans-Alaska Pipeline.
Lessees will be required to
negotiate a project labor
agreement. Export of ANWR
oil is prohibited.

---

CRS-152
Provision
Current Law
House
Senate
Comments
Coastal Plain
The Mineral Leasing Act
Sec. 30407. Under a “no
No provision.
Sec. 30403 requires the
environmental
includes provisions that
significant adverse effect
Secretary to administer lease
protection.
address surface disturbance
standard” the Secretary of the
terms and conditions in a
for leasing elsewhere;
Interior shall ensure that,
manner that ensures the
ANILCA addresses surface
consistent with Sec. 30403:
receipt of “fair market value”
disturbance for exploration
the maximum amount of
for ANWR oil and gas
activities in ANWR.
surface area used for
resources.
production and support
facilities is not more than
2,000 acres; there is no
significant adverse affect on
fish and wildlife; and the best
available technology is used
for development. The lessees
must comply with all relevant
state and federal laws, and
site-specific assessments may
also be carried out.
Expedited judicial
No specific provision.
Sec. 30408. Requests for
No provision.
review.
judicial review must be filed
within 90 days of the action
being challenged (with certain
exceptions) and are limited to
whether the Secretary of the
Interior has complied with
terms of this title.

---

CRS-153
Provision
Current Law
House
Senate
Comments
Federal and state
Distribution of revenues is
Sec. 30409. Alaska shall
No provision.
distribution of
established under the Mineral
receive semiannual payments
revenues.
Leasing Act of 1920; Alaska
of 50% of the revenues
receives 90%.
(royalties, bonus bids, rents )
received from oil and gas
leasing activity under this
title. Bonus payments are
authorized to be appropriated
to the Low Income Home
Energy Assistance Program.
Rights-of-way across
ANILCA.
Sec. 30410. The Secretary of
No provision.
As noted above, Sec. 30403
the Coastal Plain.
the Interior shall ensure that
requires the Secretary to
rights of way and easements
administer lease terms and
for transporting oil and gas
conditions in a manner that
have no significant adverse
ensures the receipt of “fair
impact on the Coastal Plain,
market value” for ANWR oil
fish, wildlife, or their habitat.
and gas resources.
Native lands:
Sec. 22(g) of the Alaska
Sec. 30411. The Secretary of
No provision.
By opening the coastal plain
conveyance and
Native Claims Settlement Act
the Interior shall convey
to development, the House
regulation
(P.L. 92-203) makes native
certain additional surface
bill opens more than 100,000
surface lands within ANWR
rights to the Kaktovik Inupiat
acres of native lands in the
subject to regulations of the
Corporation and certain
coastal plain to development.
Refuge, and therefore
subsurface rights to the Arctic
The House bill does not
precludes energy
Slope Regional Corporation.
specify if native lands are
development. Subsurface
subject to the bill’s acreage
resources on land owned by
limitation or to environmental
the Arctic Slope Regional
restrictions on federal lands.
Corporation (ASRC) are
The contract with ASRC, with
governed by the terms of a
different environmental
1983 contract.
provisions, appears to pertain.

---

CRS-154
Provision
Current Law
House
Senate
Comments
Local government
None.
Sec. 30412. The Secretary of
No provision.
impact aid and
the Interior may use funds
community service
from the Coastal Plain Local
assistance.
Government Impact Aid
Assistance Fund for financial
assistance to eligible entities
as a result of oil and gas
exploration and development
in the Coastal Plain.
Hydropower
Provision
Current Law
House
Senate
Comments
Study and report on
No provision.
Sec. 30501. Within 12 months
No provision.
increasing electric
of enactment, the Secretary of
power production
the Interior will submit a
capability of existing
study that describes existing
facilities.
and potential capacity at
hydropower facilities under
Interior Department
jurisdiction. In addition, the
study must identify costs and
benefits of producing
additional hydropower from
each facility. The study shall
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-155
Provision
Current Law
House
Senate
Comments
Study and
No provision.
Sec. 30502. Within 18 months
No provision.
implementation of
of enactment, the Secretary of
increased operational
the Interior will submit a
efficiencies in
study of all hydropower
hydroelectric power
plants under Interior’s
projects.
administrative jurisdiction
that have greater than 50 MW
of capacity. This study will
describe whether existing
plants are operated to
maximize efficiency and will
identify measures that could
improve such optimization. It
will also describe the impact
of optimized hydroelectric
power production on
irrigation, fish, wildlife,
Indian tribes, river health,
water quality, navigation,
recreation, fishing, and flood
control. The Secretary shall
also work with the
Administrator of each federal
power marketing
administration to determine
how the value of hydropower
can be optimized.

---

CRS-156
Provision
Current Law
House
Senate
Comments
Shift of project loads to
No provision.
Sec. 30503. The Secretary of
No provision.
off-peak periods.
the Interior shall, with the
consent of affected irrigation
customers, study and adjust
water pumping schedules at
Bureau of Reclamation
facilities to reduce power
consumption during periods
of peak electric power
consumption. This section
does not affect the
Department of the Interior’s
existing obligations to
provide electric power, water,
or other benefits.
Geothermal Energy
Provision
Current Law
House
Senate
Comments
Competitive lease sale
The type of geothermal lease
Sec. 30601. Lease procedures
No provision.
requirements.
procedure is based on
for competitive and
whether lands are within a
noncompetitive lease sales are
known geothermal resource
amended. Competitive lease
area (Geothermal Steam Act
sales are held every two
of 1970, 30 U.S.C. 1003).
years. If no competitive bid is
made, then lands are available
for two years under a
noncompetitive process.

---

CRS-157
Provision
Current Law
House
Senate
Comments
Special provisions
Geothermal energy
Sec. 30602. A fee schedule in
No provision.
regarding direct use of
production on federal lands is
lieu of any royalty or rental
low temperature
charged a royalty of 10%-
payments is established for
geothermal energy
15% under section 5 of the
low temperature geothermal
resources.
Geothermal Steam Act (30
resources. Existing
U.S.C. 1004).
geothermal leases may be
converted to leases for direct
utilization of low temperature
geothermal resources.
Royalties and
A royalty between 10% and
Sec. 30603. Royalties from
No provision.
near-term production
15% is imposed on the
geothermal leases shall be
incentives.
amount or value of steam or
3.5% of the gross proceeds
other form of heat derived
from geothermal electricity
from production under a
sales and 0.75% of the gross
geothermal lease (section 5 of
proceeds from the sale of
the Geothermal Steam Act of
items produced from direct
1970, 30 U.S.C. 1004).
use of geothermal energy.
Royalties on new or expanded
geothermal production are
reduced by half for six years
after enactment. One
hundred percent of the federal
royalties from a qualified
lease are to be transferred to
the state.

---

CRS-158
Provision
Current Law
House
Senate
Comments
Consultation regarding
No specific provision.
Sec. 30604. An MOU
No provision.
geothermal leasing and
between the Secretaries of the
permitting on public
Interior and Agriculture
lands.
should include provisions that
will identify known
geothermal areas on public
lands within the National
Forest System and establish
an administrative procedure
that will include time frames
for processing.
Review and report to
The Secretary of the Interior
Sec. 30605. The Secretary of
No provision.
Congress.
can withdraw public lands
the Interior shall review all
from leasing or other public
areas under moratoria and
use and modify, extend, or
withdrawal and report to
revoke withdrawals under
Congress on whether the
provisions of the Federal
reasons for the withdrawals
Land Policy and Management
still apply.
Act of 1976 (FLPMA, 43
U.S.C. 1714).
Reimbursement for
None.
Sec. 30606. Under certain
No provision.
costs of NEPA
conditions the Secretary of
analyses,
the Interior may reimburse
documentation, and
through royalty credits the
studies.
cost of a study or
documentation required under
NEPA.
Assessment of
No specific provision.
Sec. 30607. The USGS shall
No provision.
geothermal energy
provide the U.S. Congress
potential.
with an updated assessment
of geothermal resources.

---

CRS-159
Provision
Current Law
House
Senate
Comments
Cooperative or unit
No specific provision.
Sec. 30608. The Geothermal
No provision.
plans.
Steam Act of 1970 (30 U.S.C.
1001 et seq.) is amended to
facilitate cooperative or unit
plans for development.
Royalty on byproducts.
No specific provision.
Sec. 30609. Leasable minerals
No provision.
produced as a byproduct of a
geothermal lease shall pay
royalties under the Mineral
Leasing Act (30 U.S.C. 181).
Repeal of authorities of
The Secretary of the Interior
Sec. 30610. Sections 8(a) and
No provision.
Secretary to readjust
may readjust terms and
(b) of the Geothermal Steam
terms, conditions,
conditions of a geothermal
Act are repealed, related to
rentals, and royalties.
lease at certain intervals,
adjusting lease conditions.
including rental and royalty
rates (Geothermal Steam Act
of 1970, 30 U.S.C. 1007).
Crediting of rental
Annual rental fees of not less
Sec. 30611 Annual rental
No provision.
toward royalty.
than $1 per acre on
revenue paid on a geothermal
geothermal leases are paid in
lease shall be credited
advance (Geothermal Steam
towards the royalty on that
Act of 1970, 30 U.S.C. 1004).
same lease.
Lease duration and
The primary lease term for a
Sec. 30612. The primary term
No provision.
work commitment
geothermal lease is 10 years
of a geothermal lease is ten
requirements.
and shall continue as long as
years but may be extended for
geothermal steam is produced
two additional five-year
or used in commercial
periods if work commitments
quantities (Geothermal Steam
are satisfied.
Act of 1970, 30 U.S.C. 1005).

---

CRS-160
Provision
Current Law
House
Senate
Comments
Advanced royalties
No specific provision.
Sec. 30613. If production
No provision.
required for
from a geothermal lease is
suspension of
suspended during a period in
production.
which royalties are required,
then royalties must be paid in
advance until production
resumes.
Annual rental.
Rents are $1 per acre or
Sec. 30614. Rental rates for
No provision.
fraction thereof for each year
noncompetitive and
of a geothermal lease
competitive geothermal lease
(Geothermal Steam Act of
sales are established.
1970, 30 U.S.C. 1004).
Coal
Provision
Current Law
House
Senate
Comments
Short title.
No provision.
Sec. 30701. This title may be
No provision.
cited as the Coal Leasing
Amendments Act of 2003.
Repeal of the 160-acre
Modifications to an existing
Sec. 30702. The 160-acre
No provision.
limitation for coal
coal lease shall not exceed
limitation on coal lease
leases.
160 acres or add acreage
modifications is repealed.
larger than that in the original
lease (Mineral Leasing Act of
1920, 30 U.S.C. 203).
Mining plans.
No provision.
Sec. 30703. Criteria are
No provision.
established for extending the
mine-out period of a coal
lease beyond 40 years.

---

CRS-161
Provision
Current Law
House
Senate
Comments
Payment of advance
Coal leases are subject to
Sec. 30704. The Secretary of
No provision.
royalties under coal
diligent development
the Interior may, upon the
leases.
requirements, but the
payment of advance royalties,
Secretary of the Interior may
suspend a coal lease’s
suspend the condition of
requirement for continuous
continued operation upon
operation. Advanced royalties
payment of advance royalties
shall be based on the average
(Mineral Leasing Act of
price for coal sold in the spot
1920, 30 U.S.C. 207 (b)).
market from the same region
Advanced royalties are
and the aggregate number of
computed on a fixed
years advanced royalties may
production to reserve ratio
be accepted in lieu of
and the aggregate number of
production shall not exceed
years advanced royalties may
20.
be accepted in lieu of
production shall not exceed
10.
Elimination of deadline
An operation and reclamation
Sec. 30705. The three-year
No provision.
for submission of coal
plan must be submitted within
deadline is eliminated.
lease operation and
three years after a lease is
reclamation plan.
issued under the Mineral
Leasing Act of 1920 (30
U.S.C. 207(c)).
Financial assurances
Financial assurance is
Sec. 30706. A financial surety
No provision.
with respect to bonus
required to guarantee
bond to cover deferred bonus
bids.
payment of bonus bid
bid payments shall not be
installments (Mineral Leasing
required.
Act of 1920, 30 U.S.C.
201(a)).

---

CRS-162
Provision
Current Law
House
Senate
Comments
Inventory requirement.
No provision.
Sec. 30707. The Secretary of
No provision.
the Interior, in consultation
with the Secretaries of
Agriculture and Energy, shall
assess coal on public lands,
including low-sulfur coal, and
various impediments to
developing such resources.
Application of
No provision.
Sec. 30708. Amendments
No provision.
amendments.
made by this title apply to any
coal lease issued before, on,
or after the date of the
enactment of this act.
Federal mine
The Secretary of Labor uses
No provision.
Sec. 1507. To maintain a
inspectors
the Mine Safety and Health
sufficient number of qualified
Administration (MSHA, 29
mine inspectors, the
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.

---

CRS-163
Insular Areas Energy Security
Provision
Current Law
House
Senate
Comments
Insular areas energy
Comprehensive energy plans
Sec. 30801. Congress finds
Sec. 1702. DOE must begin a
security.
for insular areas are required
that electric power
study within 60 days of
to detail the potential for
transmission and distribution
enactment that will assess the
renewable energy resources
lines in insular areas are not
short- and long-term threats
(94 Stat. 3480-3481).
adequate to withstand
to the economy of Hawaii
hurricane and typhoon
posed by insecure supply and
damage, and identifies a need
volatile prices. Not later than
to assess energy production,
300 days after the date of
consumption, infrastructure,
enactment of this section, the
reliance on imported energy,
Secretary of Energy shall
and indigenous sources of
submit to Congress a report
energy in insular areas. The
detailing the Secretary’s
Secretary of the Interior, in
findings, conclusions, and
consultation with the
recommendations.
Secretary of Energy, is
required to update insular
Sec. 1704. Insular areas are
area plans to reflect these
directed to reassess energy
findings. $5 million is
production, use,
authorized to be appropriated,
infrastructure, resources, and
in part, for matching grants
long-term energy plans.
for projects designed to
protect electric power
transmission distribution lines
in one or more of the
territories of the United States
from damage caused by
hurricanes and typhoons.

---

CRS-164
Miscellaneous Provisions
Provision
Current Law
House
Senate
Comments
Report on energy
No current law.
Sec. 30901. Not later than 1
No provision.
facility rights-of-way
year after enactment, the
and corridors on
Secretaries of Agriculture and
federal lands
the Interior, in consultation
(continued in next
with the Secretaries of
row).
Commerce, Defense, and
Energy, and FERC, shall
submit to Congress a report
that addresses the location of
existing rights-of-way on
federal lands for oil and gas
pipelines and electric
transmission and distribution
facilities. In addition, the
report will describe potential
additional capacity within the
rights-of-way and corridors.
The report will also include a
plan to disseminate, upon
request, Geographic
Information System-based
information regarding the
rights-of-way. (Continued in
next row.)

---

CRS-165
Provision
Current Law
House
Senate
Comments
Report on energy
Sec. 30901 (continued from
facility rights-of-way
row above). Within 24
and corridors on
months of enactment, the
Federal lands
Secretaries of Agriculture,
(continued from row
Commerce, Defense, Energy,
above).
and the Interior, in
consultation with FERC and
the affected industries, will
identify corridors on federal
lands that are needed or
useful for oil and gas
pipelines and electricity
transmission within the 11
contiguous Western states.
Corridors shall be identified
in the remaining states within
four years after the date of
enactment. Designated
corridors shall be
incorporated into federal
land-use plans.

---

CRS-166
Provision
Current Law
House
Senate
Comments
Electricity
The Secretary of the Interior
Sec. 30902. The Bureau of
No provision.
transmission line
and the Secretary of
Land Management will
right-of-way in
Agriculture are authorized to
become the lead federal
Cleveland National
grant, issue, or renew
agency for environmental and
Forest, California.
rights-of-ways through public
other necessary reviews for a
lands, in part, for the
high-voltage electricity
transmission of electricity.
transmission line right-of-way
There is no time limit for
through the Trabuco Ranger
review of applications
District of the Cleveland
(Federal Land Policy and
National Forest in the State of
Management Act, 43 U.S.C.
California. All reviews are
1761-1763).
required to be completed
within 1 year of enactment.
All grants, easements,
permits, plan amendments,
and other approvals for the
transmission line right-of-way
must be issued within 60 days
after completion of the
environmental reviews. All
rights-of-way applications
that were received prior to
December 31, 2002, have
preference over applications
and proposals received after
that date.
Consultation regarding
No current law.
Sec. 30903. Within six
No provision.
energy rights-of-way
months after enactment, the
on public lands.
Secretaries of the Interior and
Agriculture shall submit to
Congress a Memorandum of
Understanding to coordinate
environmental compliance
and processing of rights-of-
way applications.

---

CRS-167
Provision
Current Law
House
Senate
Comments
Enhancing energy
No existing requirement.
Sec. 30904. To the extent
No provision.
efficiency in
practicable, the Secretaries of
management of
the Interior, Commerce, and
Federal lands.
Agriculture are required to
use energy-efficient
technologies in public and
administrative buildings
associated with management
of the National Park System,
and other public lands.
Further, to the extent
practicable, the Secretaries
are directed to use energy-
efficient vehicles, including
those with biodiesel or hybrid
engine technologies.
Permitting of wind
No existing requirement.
Sec. 30905. The Secretary of
No provision.
energy development
the Interior is required to
projects on public
permit wind energy testing
lands.
facilities on federal lands, in
accordance with BLM
Instruction Memo 2003-20
(IM-20). Rent for wind
energy development projects
is limited to 50% of the
maximum set out in IM-20
until capacity reaches 10,000
megawatts (MW) or 10 years
has elapsed.

---

CRS-168
Provision
Current Law
House
Senate
Comments
Sense of the Congress
No existing requirement.
Sec. 30906. Within the next
No provision.
regarding generation
10 years, the Secretary of the
capacity of electricity
Interior is encouraged to
from renewable energy
approve at least 10,000 MW
resources on public
of hydropower projects on
lands.
public lands.
Assessment of ocean
No existing requirement.
Sec. 30907. Within one year,
No provision.
thermal energy
the Secretary of the Interior is
resources.
directed to review assess-
ments of ocean thermal
energy resources, undertake
new assessments if needed,
and report on the resource
potential and estimated costs
for commercialization.
Sense of the Congress
In purchasing land for the
Sec. 30908. In recognition of
No provision.
regarding development
Padre Island National
the split estate on Padre
of minerals under
Seashore, the Secretary of the
Island National Seashore, the
Padre Island National
Interior shall permit existing
federal government owns the
Seashore.
owners to retain mineral
surface rights while the
rights (Federal Enabling Act,
mineral rights are held
16 U.S.C. 459d).
privately and by the state of
Texas.
Encouraging
No provision.
Sec. 30909. States and
No provision.
prohibition of off-shore
provinces adjacent to the
drilling in the Great
Great Lakes are encouraged
Lakes.
to prohibit off-shore drilling
in the Great Lakes.

---

CRS-169
Provision
Current Law
House
Senate
Comments
Regulatory reviews
No existing requirement.
No provision.
Sec. 1701. Each federal
agency is required to report
every five years on regulatory
changes needed to remove
barriers to market entry for
new energy-efficient
technologies (such as fuel
cells) and to market
development for existing
technologies.
Report on energy
No provision.
No provision.
Sec. 1708. DOE is required
savings and water use
to report on cost-effective
improvements to reduce
energy use at municipal water
and waste treatment facilities.
Report on research on
No provision.
No provision.
Sec. 1709. DOE is directed to
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.
The energy tax titles (Sections 41001-44002 of the House bill and Sections 1900-2508 of the Senate bill) are not included in this report.

---

CRS-170
Clean Coal
Provision
Current Law
House
Senate
Comments
Authorization of
No specific provision.
Sec. 50001. Funding is
Sec. 1232. DOE shall carry
Although there is no current
appropriations.
authorized for FY2004-
out projects to demonstrate
authorization, funding for this
FY2012 for the Clean Coal
the commercial application
program is provided through
Power Initiative.
of advanced lignite and coal-
the Interior and Related
based technology for power
Agencies appropriation bill.
plants. Technical milestones
and project criteria are
established, and a study of
coal technologies is required.
Project criteria.
No specific provision.
Sec. 50002. Technical criteria
See Sec. 1232 (above).
are established for coal-based
gasification and other
projects. The federal share of
financing each clean coal
project shall not exceed 50%.
Report.
None.
Sec. 50003. A report on
See Sec. 1232.
project status and technical
milestones shall be submitted
after the first year and every
two years by the Secretary of
Energy to various
congressional committees.
Clean Coal Centers of
None.
Sec. 50004. The program
No provision.
Excellence.
shall include grants to
universities to establish
Centers of Excellence for
Energy Systems of the Future.

---

CRS-171
Hydrogen
Provision
Current Law
House
Senate
Comments
Definitions.
The Spark M. Matsunaga
Sec. 60001. Various terms are
Sec. 1223 (a-b). Short title
Although authorizations
Hydrogen Research
defined.
and purposes are described.
under the law have expired,
Development, and
hydrogen fuel research and
Demonstration Act of 1990
development is ongoing at the
(P.L. 101-566) authorizes
Department of Energy.
hydrogen fuel research at the
Department of Energy.
Plan.
Sec. 103 of P.L. 101-566
Sec. 60002. The Secretary of
Sec. 1223 (c). The Secretary
required the Secretary of
Energy is required to transmit
of Energy is required to
Energy to prepare a
to Congress a coordinated
develop a coordinated plan
comprehensive 5-year
plan for hydrogen fuel
and report to Congress
program management plan.
research and development
biennially.
under this title.
Program.
Sec. 104 of P.L. 101-566
Sec. 60003. A program is
Sec. 1223 (d). Section 104 is
Funding authorizations under
requires the Secretary of
established through the
amended so that the federal
P.L. 101-566 have expired,
Energy to conduct a
Department of Energy to
government may provide up
but hydrogen fuel research is
cooperative hydrogen
address hydrogen fuel
to 75% of necessary funding.
ongoing at the Department of
research and development
production, transmission,
Further, if the Secretary of
Energy.
program. The federal
storage, and vehicle fueling,
Energy deems appropriate,
government may provide no
as well as advanced vehicle
this limitation may be waived.
more than 50% of the cost of
technologies, to complement
the research.
hydrogen fuel development.
Various program goals are
defined, as well as
requirements for grants and
other funding under the
program.

---

CRS-172
Provision
Current Law
House
Senate
Comments
Demonstrations.
Sec. 105 of the Act requires
No similar provision.
Sec. 1223(e). If the Secretary
the Secretary of Energy to
deems that the technical risks
conduct demonstrations of
are high enough, the 50%
critical technologies. The
limitation may be waived.
federal government may
provide no more than 50% of
the cost of the demonstration.
Technology Transfer
Sec. 106 of the Act
No similar provision.
Sec. 1223(f). The program is
established a program to
expanded to include
transfer hydrogen
technology transfer to foreign
technologies from the
countries.
government to the private
sector.
Interagency task force.
Sec. 107 of the Act required
Sec. 60004. An interagency
Sec. 1223(i)(2)(202). An
the Secretary of Energy to
task force is established to
interagency task force is
consult with other agencies
promote the development of
established to oversee
and coordinate federal
hydrogen fuel and vehicles.
integrated hydrogen and fuel
hydrogen fuel research.
cell research.
Advisory Committee.
Sec. 108 of the Act
Sec. 60005. The Hydrogen
Sec. 1223(g). The number of
established a Hydrogen
Technical and Fuel Cell
members on the panel is
Technical Advisory Panel to
Advisory Committee is
specified (currently the
advise the Secretary of
established to advise the
Secretary has authority to
Energy on hydrogen research
Secretary on the above
determine the makeup of the
programs under the Act.
program.
panel), and term limits are
established.
External review.
No provision.
Sec. 60006. The Secretary of
No similar provision.
Energy is required to contract
with nongovernmental
entities to review the plan
under sec. 60002 and the
program under sec. 60003.

---

CRS-173
Provision
Current Law
House
Senate
Comments
Miscellaneous
No provision.
Sec. 60007. The Secretary of
No similar provision.
provisions.
Energy is permitted to
represent the United States
with respect to hydrogen and
fuel cell research and
development.
Authorization of
Authorizations expired after
Sec. 60008. A total of $1.8
Sec. 1223(h). A total of $290
In the Senate bill, Sec. 1223(i)
appropriations.
FY1998.
billion is authorized for
million is authorized for
also authorizes a total of $130
FY2004 through FY2008.
FY2003 through FY2006.
million for integrated
hydrogen and fuel cell
research.
Integrated fuel cell and
The Hydrogen Future Act of
No similar provision.
Sec. 1223(i). The Act is
hydrogen research.
1996 (P.L. 104-271) directs
amended to establish a
the Secretary of Energy to
cooperative integrated
integrate fuel cell and
hydrogen and fuel cell
hydrogen research. It
research program overseen by
authorized a total of $50
an interagency task force. A
million for FY1997 and
total of $130 million is
FY1998 for integrated
authorized for FY2003
research.
through FY2006.
Fuel cell program at
No provision.
Sec. 60009. A program is
No similar provision.
National Parks.
established to provide
matching funds to assist in the
deployment of fuel cells at
national parks. A total of $14
million is authorized for
FY2004 through FY2010.

---

CRS-174
Provision
Current Law
House
Senate
Comments
Advanced power
No provision.
Sec. 60010. A program is
No similar provision.
system technology
established to provide
incentive program.
incentive payments to owners
or operators of advanced
power generation systems.
Eligible systems include
advanced fuel cell, turbine, or
hybrid power systems. A
total of $70 million is
authorized for FY2004
through FY2010.
Fuel cell vehicle
Various programs currently
No similar provision.
Sec. 824. The Secretary of
The development of a
program.
exist to promote the research,
Energy is required to develop
“Hydrogen Roadmap,”
development, and
a program to enable the
including timetables for the
demonstration of fuel cells
availability of 100,000
development of infrastructure
and fuel cell vehicles.
hydrogen fuel cell vehicles by
has been a key component of
2010, and 2.5 million vehicles
the Department of Energy’s
by 2020. Further, the
Hydrogen Program.
program should include
timetables for the
development of hydrogen fuel
infrastructure to support those
vehicles.

---

CRS-175
Provision
Current Law
House
Senate
Comments
Historic Preservation
No provision.
No provision.
Sec. 721 The Chairman of
Among the perceived
Act and pipeline
the Council on Environmental
bottlenecks in the approval of
environmental review
Quality (CEQ), in
new gas pipeline projects that
coordination with the
the Bush Administration
Chairman of FERC, is to
seeks to streamline is the
form an interagency task
environmental review
force that will develop an
process.
interagency memorandum of
understanding to expedite
At issue regarding historic
pipeline projects. The task
preservation is whether
force is to consist of the lead
pipeline companies needing
agency chairs, and the heads
FERC approval to expand or
of BLM, the Fish and
renovate facilities should be
Wildlife Service, Corps of
compelled by FERC to fund
Engineers, Forest Service,
and perform historical
EPA, and the Advisory
documentation and
Council on Historic
preservation.
Preservation.
Housing
Provision
Current Law
House
Senate
Comments
Capacity building for
No provisions for energy
Sec. 70001. Activities are
Sec. 931. Activities are
energy-efficient,
efficient housing are in the
required that provide energy
required that provide energy
affordable housing.
Housing and Urban
efficient affordable housing
efficient affordable housing
Development (HUD)
and other residential measures
and other residential measures
Demonstration Act (42
under the HUD
under the HUD
U.S.C. 9816).
Demonstration Act.
Demonstration Act.

---

CRS-176
Provision
Current Law
House
Senate
Comments
Increase of CDBG
Section 105(a)(8) of the
Sec. 70002. The amount of
Sec. 932. Same.
public services cap for
Housing and Community
assistance for providing
energy conservation
Development Act of 1974
public services involving
and efficiency
allows 15% of community
energy efficiency is increased
activities.
development block grant
from 15% to 25%.
(CDBG) public service
funding to be used for energy
efficiency.
FHA mortgage
Section 203(b)(2) of the
Sec. 70003. The amount of
Sec. 933. Same.
insurance incentives
National Housing Act allows
property value that can be
for energy efficient
solar energy equipment to
covered by mortgage
housing.
increase the amount of
insurance due to solar energy
property value that can be
equipment is increased from
covered by mortgage
20% to 30%.
insurance by up to 20%.
Public Housing Capital
Section 9 of the United States
Sec. 70004. The Public
Sec. 934. Same.
Fund.
Housing Act creates a Capital
Housing Capital Fund is
Fund available to public
modified to include certain
housing agencies to develop,
energy and water use
finance, and modernize public
efficiency improvements.
housing developments and to
make management improve-
ments to these housing
facilities. There is currently
no provision for energy
conservation projects that
involve water-conserving
plumbing fixtures and
fittings.

---

CRS-177
Provision
Current Law
House
Senate
Comments
Grants for
Section 2(a)(2) of the
Sec. 70005. HUD is directed
Sec. 935. Same.
energy-conserving
National Housing Act, as
to provide grants for certain
improvements for
amended by Section
energy and water efficiency
assisted housing.
251(b)(1) of the National
improvements to multifamily
Energy Conservation Policy
housing projects.
Act, empowers HUD to make
grants for energy
conservation projects in
public housing, but it has no
provision for energy- and
water-conserving plumbing
fixtures and fittings.
North American
No existing requirement.
Sec. 70006. The North
Sec. 936. Same.
Development Bank.
American Development Bank
is encouraged to finance
energy efficiency projects.
Capital fund
No existing provision for
No similar provision.
Sec. 937. Activities of the
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. 70007. Public housing
Sec. 938. Same.
appliances.
agencies are required to
purchase cost-effective
Energy Star appliances.

---

CRS-178
Provision
Current Law
House
Senate
Comments
Energy efficiency
The federal government
Sec. 70008. The energy
Sec. 939. Same.
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
No existing requirement.
Sec. 70009. The Secretary of
Sec. 940. HUD is required to
HUD.
Housing and Urban
implement an energy
Development shall implement
efficiency strategy to reduce
an energy conservation
utility expenses in public and
strategy for public and
assisted housing. Also, HUD
assisted housing.
is directed to create an Office
of Energy Management to
implement the strategy and
report on it to Congress.

---

CRS-179
National Climate Change Policy
Sense of Congress
Provision
Current Law
House
Senate
Comments
Sense of Congress on
No provision.
No provision.
Sec. 1001. Growing evidence
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
House
Senate
Comments
Definitions.
No provision.
No provision.
Sec. 1012. Critical terms used
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-180
Provision
Current Law
House
Senate
Comments
National climate
Sec. 1602(a) of the 1992
No provision.
Sec. 1013. The President,
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 stabilization
Convention on Climate
of greenhouse gas
Change (UNFCCC) states:
concentrations. The NCCS is
“Parties [developed countries]
to encompass four key
shall communicate ...
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-181
Provision
Current Law
House
Senate
Comments
Office of National
No provision.
No provision.
Sec. 1014. The ONCCP is
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-182
Provision
Current Law
House
Senate
Comments
Office of Climate
No provision.
No provision.
Sec. 1015. The Office of
Authorizes cost-sharing
Change Technology.
Climate Change Technology
programs with the private
(OCCT) is established within
sector.
DOE. Responsibilities
include managing an energy
technology R&D program
that focuses on high-risk,
breakthrough technologies
that promise to mitigate
and/or sequester emissions of
greenhouse gases. In
addition, OCCT is to support
development of the NCCS
and the activities of the
Interagency Task Force
through provision of staff,
data, and analytical tools. The
OCCT is to maintain core
analytical capabilities and
other expertise in support of
the NCCS. It is required to
submit to Congress and the
ONCCP an annual report on
its progress in meeting the
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-183
Provision
Current Law
House
Senate
Comments
Additional offices and
No specific provisions.
No provision.
Sec. 1016. Other federal
activities.
agencies may establish
appropriate offices as
necessary to carry out the
provisions of this Act.
Science and Technology Policy
Provision
Current Law
House
Senate
Comments
Global climate change
No specific provisions.
No provision.
Sec. 1021. Section 101(b) of
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
No specific provisions.
No provision.
Sec. 1022. OSTP is to advise
Science and
the Director of ONCCP on
Technology Policy
science and technology
functions.
matters as they relate to
climate change.

---

CRS-184
Miscellaneous Provisions
Provision
Current Law
House
Senate
Comments
Additional information
No specific provisions.
No provision.
Sec. 1031. Agencies are
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
No specific provisions.
No provision.
Sec. 1032. Four federal
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-185
National Greenhouse Gas Database
Provision
Current Law
House
Senate
Comments
Purpose.
A voluntary greenhouse
No provision.
Sec. 1101. Purpose is to
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.
No specific provisions.
No provision.
Sec. 1102. Terms for Title XI
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-186
Provision
Current Law
House
Senate
Comments
Establishment of
No specific provisions.
No provision.
Sec. 1103. Specifies duties for
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
No specific provisions.
No provision.
Sec. 1104. The National
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-187
Provision
Current Law
House
Senate
Comments
Greenhouse gas
Voluntary greenhouse gas
No provision.
Sec. 1105. All participating
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
No specific provisions.
No provision.
Sec. 1106. The four
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.
No specific provisions.
No provision.
Sec. 1107. Database efficacy
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-188
Provision
Current Law
House
Senate
Comments
Review of
No specific provisions.
No provision.
Sec. 1108. Within five years
participation.
of enactment, if participation
in the registry involves less
than 60% of aggregate
greenhouse emissions,
participation by all entities
shall be mandatory.
Enforcement.
No specific provisions.
No provision.
Sec. 1109. Failure of any
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
No specific provisions.
No provision.
Sec. 1110. The President
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 specific provisions.
No provision.
Sec. 1111. There are
appropriations.
authorized to be appropriated
such sums as necessary to
carry out this Title.

---

CRS-189
Climate Change Science and Technology
Department of Energy Programs
Provision
Current Law
House
Senate
Comments
DOE global change
No specific provisions.
No provision.
Sec. 1301. DOE’s Office of
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.
Amendments to the
The Federal Nonnuclear
No provision.
Sec. 1302. The Federal
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-190
Department of Agriculture Programs
Provision
Current Law
House
Senate
Comments
Carbon sequestration
No specific provisions.
No provision.
Sec. 1311. The Secretary of
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-191
Provision
Current Law
House
Senate
Comments
Carbon sequestration
No specific provisions.
No provision.
Sec. 1312. The Secretary of
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
No specific provisions.
No provision.
Sec. 1313. The Secretary of
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-192
International Energy Technology Transfer
Provision
Current Law
House
Senate
Comments
Clean energy
No provision.
No provision.
Sec. 1321. An Interagency
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-193
Provision
Current Law
House
Senate
Comments
International energy
No specific provisions.
No provision.
Sec. 1322. Section 1608 of
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-194
Climate Change Science and Information
Amendments to the Global Change Research Act of 1990.
Provision
Current Law
House
Senate
Comments
Amendments to the
1990 Global Change
No provision.
Sec. 1331-1333. Within the
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
No provision.
Sec. 1334. The Chairman of
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-195
Provision
Current Law
House
Senate
Comments
Integrated Program
No specific provisions.
No provision.
Sec. 1335. The Global
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
No provision.
Sec. 1336. The NSTC
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-196
Provision
Current Law
House
Senate
Comments
Evaluation of
NSTC has the authority to
No provision.
Sec. 1337. NSTC authority is
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-197
National Climate Services and Monitoring.
Provision
Current Law
House
Senate
Comments
Amendment of
The National Climate
No provision.
Sec. 1341-1345. The
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.
No provision.
Sec. 1346. Funding for the
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-198
Provision
Current Law
House
Senate
Comments
Reporting on trends.
No provision.
No provision.
Sec. 1347. As part of the
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).
No provision.
Sec. 1348. The Arctic
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.
No provision.
Sec. 1349. Through NOAA,
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-199
Ocean and Coastal Observing System.
Provision
Current Law
House
Senate
Comments
Oceans and coastal
Authorized under 10 U.S.C.
No provision.
Sec. 1351. Through the
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.
No provision.
Sec. 1352. Funding is
appropriations.
authorized for an observing
system at $1.385 billion over
four years.

---

CRS-200
Climate Change Technology
Provision
Current Law
House
Senate
Comments
NIST greenhouse gas
Authorized under the
No provision.
Sec. 1361. The National
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-201
Provision
Current Law
House
Senate
Comments
Development of new
See above.
No provision.
Sec. 1362-1363. The
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-202
Provision
Current Law
House
Senate
Comments
Technology
See above.
No provision.
Sec. 1364. The Director of
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.
No provision.
Sec. 1365. Funding is
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
House
Senate
Comments
Regional Climate
New program.
No provision.
Sec. 1371. The President
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-203
Provision
Current Law
House
Senate
Comments
Coastal vulnerability
No provision.
No provision.
Sec. 1372. The Secretary of
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
$3 million each, annually.
Barrow Arctic
New program.
No provision.
Sec. 1373. The Secretary of
Research Center.
Commerce shall establish a
Barrow Arctic Research
Center to support interagency
climate change and arctic
research, authorized at $35
million.

---

CRS-204
Forecasting and Planning Pilot Programs.
Provision
Current Law
House
Senate
Comments
Remote sensing pilot
New program.
No provision.
Sec. 1381-1382, 1384. The
projects.
National Aeronautics and
Space Administration
Database
(NASA) may establish a
establishment.
competitive grant program
through NOAA’s Coastal
Definitions.
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.
No provision.
Sec. 1383, 1385. NOAA is
forecasts and
required to conduct regional
warnings.
studies and assessment of the
effects of transported and
Authorization of
transformed air pollutants. In
appropriations.
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-205
Critical Energy Infrastructure
Department of Energy Programs
Provision
Current Law
House
Senate
Comments
Definitions.
None.
No provision.
Sec. 1801. Provides
definitions used in the title.
Role of the Department
None.
No provision.
Sec. 1802. The Department of
of Energy.
Energy Organization Act is
amended to clarify that
energy infrastructure security
is part of DOE’s mission.
Critical energy
None.
No provision.
Sec. 1803. The Secretary of
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.
No provision.
Sec. 1804. A broad-based
energy infrastructure
advisory committee is
security.
established to review DOE
policy and activities to
improve energy infrastructure
security.

---

CRS-206
Provision
Current Law
House
Senate
Comments
Best practices and
None.
No provision.
Sec. 1805. The Secretary of
standards for energy
Energy is authorized to
infrastructure security.
support private-sector efforts
to develop best practices and
standards for energy
infrastructure security.
Department of the Interior Programs
Provision
Current Law
House
Senate
Comments
Outer Continental
Deepwater OCS activity is
No provision.
Sec. 1811. The Secretary of
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.

---

CRS-207
Iraq Oil Import Restrictions
Provision
Current Law
House
Senate
Comments
Iraq oil import
No provision.
No provision.
Sec. 2601. The Iraq
Events may have made this
restriction — title and
Petroleum Import Restriction
provision superfluous. The
findings.
Act of 2002 finds that Iraq is
recent regime change in Iraq
in violation of U.N. Res. 687,
and subsequent attempts to
regarding destruction of
reestablish oil trade have
weapons of mass destruction,
resulted in a new State Oil
as well as U.N. Res. 661,
Marketing Organization,
regarding smuggled oil
which has awarded a number
exports. Importing oil from
of supply contracts directly to
Iraq is declared not consistent
oil companies, including
with U.S. foreign policy and
several U.S. firms.
national security interests.
Prohibition of Iraq oil
No provision.
No provision.
Sec. 2602. Direct or indirect
imports.
oil imports from Iraq are
banned.
Termination/
No provision.
No provision.
Sec. 2603. Imports from Iraq
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
No provision.
No provision.
Sec. 2604. It is the sense of
interests.
the Senate that the President
should encourage public and
private humanitarian aid so
the Iraqi people will not be
adversely impacted.

---

CRS-208
Provision
Current Law
House
Senate
Comments
Definitions.
No provision.
No provision.
Sec. 2605. U.N. Resolutions
661 (oil exports and
smuggling), 687 (weapons of
mass destruction), and 986
(the oil-for-food program) are
defined.
Effective date.
No provision.
No provision.
Sec. 2606. The prohibition on
Iraq oil imports starts 30 days
after enactment.
Miscellaneous Provisions
Provision
Current Law
House
Senate
Comments
Science and
The Office of Technology
No similar provision.
Sec. 1601. A Science and
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-209
Provision
Current Law
House
Senate
Comments
Fair treatment of
No provision.
No provision.
Sec. 2701. It is the sense of
Of the 10 nominees described
presidential judicial
the Senate that the Senate
in the Senate provision, four
nominees.
Judiciary Committee should
were confirmed in the 107th
hold regular hearings on
Congress and three more have
judicial nominees and
been confirmed in the 108th
expeditiously schedule
Congress. Of the three
hearings on nominees
remaining, two have been
submitted May 9, 2001, and
reported from the Judiciary
resubmitted September 5,
Committee and one has not.
2001.

---

CRS-210
Table 2. Authorizations in H.R. 6 as Passed by the House
(in millions of dollars)
ss = such sums as may be necessary
House HR6
Title
FY04
FY05
FY06
FY07
FY08
FY04-08
FY09-13
FY04-13
Senate §
Division A — ENERGY AND COMMERCE
TITLE I — ENERGY CONSERVATION
Subtitle A — Federal Leadership in Energy Conservation
Sec. 11001 Energy & water saving measures in congressional buildings. a
2.0
2.0
2.0
2.0
2.0
10.0
10.0
20.0
NE
Sec. 11009 Advanced Building Efficiency Testbed.
6.0
6.0
6.0
18.0
18.0
NE
Sec. 11011 Use of photovoltaic energy in public buildings.
NE
Photovoltaic Energy Commercialization Program 210.0
210.0
210.0
210.0
210.0
1,050.0
1,050.0
Photovoltaic Systems Evaluation Program
52.7
52.7
52.7
52.7
52.7
263.5
263.5
Subtitle B — Energy Assistance and State Programs
Sec. 11021 LIHEAP and Weatherization Assistance.
Low-income Home Energy Assistance Program
3,400.0
3,400.0
3,400.0
10,200.0
10,200.0
901
Weatherization Assistance
325.0
400.0
500.0
1,225.0
1,225.0
901
Sec. 11022 State energy programs.
100.0
100.0
125.0
325.0
325.0
902
Sec. 11023 Energy efficient appliance rebate programs.
50.0
50.0
50.0
50.0
50.0
250.0
250.0
NE
Sec. 11024 Energy efficient public buildings.
ss
ss
ss
ss
ss
ss
ss
ss
903
Sec. 11025 Low income community energy efficiency pilot program.
20.0
20.0
20.0
60.0
60.0
904
TITLE II — OIL AND GAS
Subtitle A — Alaska Natural Gas Pipeline
Sec. 12014 Alaska pipeline construction training program. a
20.0b
NE

---

CRS-211
House HR6
Title
FY04
FY05
FY06
FY07
FY08
FY04-08
FY09-13
FY04-13
Senate §
Subtitle B — Strategic Petroleum Reserve
Sec. 12102 Strategic Petroleum Reserve expansion.
1,500.0b
1,500.0
1,500.0
NE
Sec. 12103 Permanent authority to operate the Strategic Petroleum Reserve
ss
ss
ss
ss
ss
ss
ss
ss
and other energy programs.
601
Subtitle D — Unproven Oil and Natural Gas Reserves Recovery Program
Sec. 12309 Authorization of appropriations for this subtitle.
100.0b
100.0
100.0
NE
TITLE III — HYDROELECTRIC
Subtitle B — Additional Hydropower
Sec. 13201 Hydroelectric production incentives.
10.0
10.0
10.0
10.0
10.0
50.0
50.0
100.0
NE
Sec. 13202 Hydroelectric efficiency improvement. a
10.0
10.0
10.0
10.0
10.0
50.0
50.0
100.0
NE
Sec. 13204 Increased hydroelectric generation at existing Federal facilities.
ss
ss
ss
ss
ss
ss
ss
ss
NE
TITLE IV — NUCLEAR MATTERS
Subtitle B — Miscellaneous Matters
Sec. 14023 NRC training program.
1.0
1.0
1.0
1.0
4.0
4.0
NE
Sec. 14029 Cooperative R&D for uranium mining.
10.0
10.0
10.0
30.0
30.0
NE
TITLE V — VEHICLES AND FUELS
Subtitle B — Advanced Vehicles
Sec. 15024 Authorization of appropriations for this subtitle.
200.0
200.0
200.0
NE

---

CRS-212
House HR6
Title
FY04
FY05
FY06
FY07
FY08
FY04-08
FY09-13
FY04-13
Senate §
Subtitle C — Hydrogen Fuel Cell Heavy-Duty Vehicles
Sec. 15034 Authorization of appropriations for this subtitle.
10.0
10.0
10.0
10.0
10.0
50.0
50.0
NE
Subtitle D — Miscellaneous
Sec. 15041 Railroad efficiency.
25.0
30.0
35.0
90.0
90.0
1214
Sec. 15051 Conserve by Bicycling Program.
6.2
6.2
6.2
823
TITLE VI — ELECTRICITY
Subtitle D — PUHCA Amendments
Sec. 16055 Transfer of resources from the SEC to FERC.
ss
ss
ss
ss
ss
ss
ss
ss
237
Subtitle F — Renewable Energy
Sec. 16072 Renewable energy production incentive. 1
ss
ss
ss
ss
ss
ss
ss
ss
261
TITLE VII — MOTOR FUELS
Subtitle A — General Provisions
Sec. 17103 Findings and MTBE transition assistance.
250.0
250.0
250.0
750.0
750.0
833
Subtitle B — MTBE Cleanup
Sec. 17201 Funding for MTBE contamination
850.0b
832
TITLE VIII — AUTOMOBILE EFFICIENCY
Sec. 18001 Implementation and enforcement of fuel economy standards. 2
5.0
5.0
5.0
15.0
15.0
NE

---

CRS-213
House HR6
Title
FY04
FY05
FY06
FY07
FY08
FY04-08
FY09-13
FY04-13
Senate §
Division B — SCIENCE 3
TITLE I — RESEARCH AND DEVELOPMENT
Subtitle A — Energy Efficiency
Sec. 21101 Authorization of appropriations for this subtitle. Total
616.0
695.0
772.0
865.0
2,948.0
2,948.0
1211
Allocations:
Lighting Systems (sec. 21111)
50.0
50.0
50.0
50.0
50.0
250.0
200.0
450.0
1213
Electric Motor Control Technology (sec. 21122)
2.0
2.0
2.0
2.0
8.0
8.0
Secondary Electric Vehicle Battery Use Program (sec. 21132)
4.0
7.0
7.0
7.0
25.0
25.0
Energy Efficiency Science Initiative (sec. 21141)
20.0
25.0
30.0
35.0
110.0
110.0
Subtitle B — Distributed Energy and Electric Energy Systems
Sec. 21201 Authorization of appropriations for this subtitle. Total
190.0
200.0
220.0
240.0
850.0
850.0
NE
Allocation:
Micro-cogeneration Energy Technology (sec. 21213)
5.0
5.5
6.0
6.5
23.0
23.0
Subtitle C — Renewable Energy
Sec. 21301 Authorization of appropriations for this subtitle. Total
380.0
420.0
460.0
499.0
1,759.0
1,759.0
1221
Allocations:
Bioenergy (sec. 21311 & sec. 21706)
135.4
155.6
167.7
180.0
638.7
638.7
1222
Public Buildings (sec. 21322)
30.0
30.0
30.0
30.0
120.0
120.0
Subtitle D — Nuclear Energy
Sec. 21401 Authorization of appropriations for this subtitle. Total
388.0
416.0
445.0
474.0
1,723.0
1,723.0
1241

---

CRS-214
House HR6
Title
FY04
FY05
FY06
FY07
FY08
FY04-08
FY09-13
FY04-13
Senate §
Allocations:
Nuclear Infrastructure Support (sec. 21411(e))
125.0
130.0
135.0
140.0
530.0
530.0
514
Advanced Fuel Recycling Program (sec. 21421)
80.0
93.0
106.0
120.0
399.0
399.0
University Programs (sec. 21431)
35.2
44.4
49.2
55.0
183.7
183.7
Subtitle E — Fossil Energy
Sec. 21501 (a) Total Authorization of appropriations for subtitle except (b).
530.0
556.0
583.0
611.0
2,280.0
2,280.0
Allocations:
Fuel Cell Proton Exchange Membrane Tech (sec.21511(c)(2))
28.0
28.0
28.0
28.0
112.0
112.0
1231
Coal Mining Technologies (sec. 21512)
12.0
15.0
27.0
27.0
1233
Office of Arctic Energy (sec.21501(c)(3))
25.0
25.0
25.0
25.0
25.0
125.0
75.0
200.0
NE
Sec. 21501 (b) Ultra-deepwater and Unconventional Resources 4
Subtitle F — Science
Sec. 21601 Authorization of appropriations for this subtitle. Total
3,785.0
4,153.0
4,618.0
5,310.0
17,866.0
17,866.0
1251
Allocations:
Fusion Energy Sciences except ITER & FIRE
276.0
300.0
340.0
350.0
1,266.0
1,266.0
ITER participation (sec.21611) and FIRE plan (sec.21612)
12.0
20.0
50.0
75.0
157.0
157.0
1254
Spallation Neutron Source- Construction
124.6
79.8
41.1
245.5
245.5
Spallation Neutron Source- Other
103.3 5
103.3
103.3
Nanotechnology Research and Development (sec.21633)
265.0
292.0
322.0
355.0
1,234.0
1,234.0
1252
Science and Technology Scholarship Program (sec.21636)
0.8
1.6
2.0
2.0
6.4
6.4
1501-2
Genomes to Life (sec.21641)
100.0
ss
ss
ss
100.0
100.0
Sec. 21632 Precious metal catalysis research. 6
ss
ss
ss
ss
ss
Sec. 21634 Advanced scientific computing for energy missions.
ss
ss
ss
ss
ss
ss
1253

---

CRS-215
House HR6
Title
FY04
FY05
FY06
FY07
FY08
FY04-08
FY09-13
FY04-13
Senate §
Subtitle G — Energy and Environment
Sec. 21701. Authorization of appropriations.
U. S.-Mexico energy technology cooperation. (sec. 21702)
5.0
6.0
6.0
6.0
23.0
23.0
1414
Waste Reduction and Use of Alternatives (sec. 21703)
0.5
0.5
0.5
NE
Sec. 21707 Coal Technology Loan.
125.0
125.0
125.0
1237
Sec. 21708 Fuel cell test center.
0.5b
0.5
0.5
NE
Sec. 21709 Fuel cell transit bus demonstration.
10.0
10.0
10.0
10.0
40.0
40.0
NE
Sec. 21801 Availability of funds
1402
TITLE III — CLEAN SCHOOL BUSES
Sec. 23004 Authorization of appropriations
816
(a) School Bus Grants
90.0
100.0
110.0
300.0
300.0
Allocation:
Fuel cell bus development and demo. program (sec. 23002) a
25.0b
25.0
25.0
(b) Diesel Retrofit Grants (sec. 23003)
ss
ss
ss
ss
ss
ss
ss
ss
Division C — RESOURCES
TITLE I — INDIAN ENERGY
Sec. 30101 Indian energy.
ss
ss
ss
ss
ss
ss
ss
ss
NE
TITLE II — OIL AND GAS
Sec. 30211 Preservation of geological and geophysical data.
30.0
30.0
30.0
30.0
30.0
150.0
150.0
NE
TITLE III — BIOMASS ENERGY

---

CRS-216
House HR6
Title
FY04
FY05
FY06
FY07
FY08
FY04-08
FY09-13
FY04-13
Senate §
Sec. 30301 Grants to improve forest biomass value.
50.0
50.0
50.0
50.0
50.0
250.0
250.0 7
500.0
NE
TITLE IV — ARCTIC COASTAL PLAIN DOMESTIC ENERGY
Sec. 30412 Local government impact aid & community service assistance.
5.0
5.0
5.0
5.0
5.0
25.0
25.0
50.0
NE
TITLE VIII — INSULAR AREAS ENERGY SECURITY
Sec. 30801 Insular areas energy security.
5.0
5.0
5.0
5.0
5.0
25.0
25.0
50.0
NE
Division E — CLEAN COAL
Sec. 50001 Clean Coal Power Initiative.
200.0
200.0
200.0
200.0
200.0
1,000.0
800.0
1,800.0
NE
Division F — HYDROGEN
Sec. 60008 Authorization of appropriations.
273.5
325.0
375.0
400.0
425.0
1,798.5
1,798.5
60008
Sec. 60009 Fuel Cell Program at National Parks.
2.0
2.0
2.0
2.0
2.0
10.0
4.0
14.0
NE
Sec. 60010 Advanced power system technology incentive program.
10.0
10.0
10.0
10.0
10.0
50.0
20.0
70.0
NE
Total Authorized Appropriations
??
??
??
??
??
??
??
??
Table Notes:
This table shows the authorizations of appropriations in H.R. 6, including loans but not loan guarantees.
ss. Such sums as may be necessary.
a. May not exceed amount specified.
b. Lump sum. No fiscal year indicated.
Endnotes:

---

CRS-217
1. SS for FY2003 - FY2023.
2. Funds go to the National Highway Traffic Safety Administration — Department of Transportation.

3. In most of Division B - Science - a single section number contains the total authorization for a title or subtitle as well as allocations of part of the total to one or more programs in that
subtitle or title. The total amount is labeled as such with the allocations listed below in italics and enclosed in a box. The section number in parenthesis after the program title or description
refers to where it is described in the bill.

4. Revenues are generated annually for this section from federal oil and gas leases. Revenues fluctuate year-to-year as a result of oil and gas prices and lease sales.

5. Funds available for FY2003-FY2006.
6. Directs that funds come from the amount authorized in section 21601.
7. Plus $50 million for FY2014.

---

CRS-218
Table 3. Authorizations in H.R. 6 as Passed by the Senate
ss = such sums as may be necessary
Senate
in millions
FY02*
FY03*
FY04
FY05
FY06
FY07
FY02-07
FY08-11
FY02-11
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
16055
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
16072
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
21411
Sec. 516
Decommissioning pilot program
16.0
16.0
16.0
NE
Subtitle C
NRC Personnel Crisis

---

CRS-219
Senate
in millions
FY02*
FY03*
FY04
FY05
FY06
FY07
FY02-07
FY08-11
FY02-11
House §
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
12103
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
23004
Subtitle B
Additional Fuel Efficiency Measures
Sec. 823
Conserve by bicycling program
5.5
5.5
5.5
15051
Subtitle C
Federal Reformulated Fuels

---

CRS-220
Senate
in millions
FY02*
FY03*
FY04
FY05
FY06
FY07
FY02-07
FY08-11
FY02-11
House §
Sec. 832
Leaking underground storage tanks (LUST)
250.6
30.35
30.35
30.35
30.35
372.0
372.0
17201
Sec. 833
MTBE transition assistance
250.0
250.0
250.0
750.0
750.0
17103
Subtotal, Title VIII, Fuels and Vehicles ss
556.1
340.35
350.35
110.35
30.35
1,387.5
1,387.5
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
11021
Weatherization assistance
325.0
400.0
500.0
1,225.0
1,225.0
11021
Sec. 902
State energy conservation grants
100.0
100.0
125.0
ss
ss
325.0
ss
325.0
11022
Sec. 903
Energy efficient schools
200.0
210.0
220.0
230.0
ss
860.0
ss
860.0
11024
Sec. 904
Low income community energy efficiency pilot program
10.0
10.0
10.0
30.0
30.0
11025
Subtitle B
Federal Energy Efficiency
Sec. 913
Federal building performance standards
ss
ss
ss
NE
Sec. 918
Federal energy banks
250.0
250.0
250.0
250.0
1,000.0
1,000.0
NE
Subtitle E
Rural and Remote Communities
Sec. 944
Grants to rural and remote communities
100.0
100.0
100.0
100.0
100.0
500.0
200.0
700.0
NE
Sec. 948
Rural & Remote Community Electrification Grants
20.0
20.0
20.0
20.0
80.0
60.0
140.0
NE
Sec. 949
Denali Commission - power equalization program
5.0
5.0
5.0
5.0
5.0
25.0
10.0
35.0
NE
Sec. 950
Rural Recovery Community Development Block Grants
100.0
100.0
100.0
100.0
100.0
500.0
200.0
700.0
NE
Subtotal, Title IX, State Programs
4,490.0
4,595.0
4,730.0
705.0
225.0
14,745.0
470.0
15,215.0
Subtotal Division C
ss
5,046.1
4,935.4
5,080.4
815.4
255.4
16,132.5
470.0
16,602.5

---

CRS-221
Senate
in millions
FY02*
FY03*
FY04
FY05
FY06
FY07
FY02-07
FY08-11
FY02-11
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
NE
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
21101
Sec. 1213
Next generation lighting initiative
50.0
50.0
50.0
50.0
50.0
250.0
200.0
450.0
21111
Sec. 1214
Railroad efficiency
60.0
70.0
130.0
130.0
15041
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
21301
Sec. 1222
Bioenergy (part of Sec. 1221 total)
21311
Biopower Energy Systems
60.3
69.3
79.6
86.3
295.5
295.5
Biofuels Energy Systems
57.5
66.1
76.0
81.4
281.0
281.0
Sec. 1223
Hydrogen R&D
60008

---

CRS-222
Senate
in millions
FY02*
FY03*
FY04
FY05
FY06
FY07
FY02-07
FY08-11
FY02-11
House §
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
21511
Sec. 1232
Power plant improvement initiative
0.2
0.2
0.2
0.2
0.8
1.0
1.8
NE
Sec. 1233
R&D for advanced safe and efficient coal mining technologies
12.0
15.0
27.0
27.0
21512
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
21707
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.
21401
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

---

CRS-223
Senate
in millions
FY02*
FY03*
FY04
FY05
FY06
FY07
FY02-07
FY08-11
FY02-11
House §
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
21601
Sec. 1252
Nanoscale science and engineering research.
270.0
290.0
310.0
330.0
1,200.0
1,200.0
21633
Sec. 1253
Advanced scientific computing for energy missions.
285.0
300.0
310.0
320.0
1,215.0
1,215.0
21634
Sec. 1254
Fusion energy sciences program and planning.
335.0
349.0
362.0
377.0
1,423.0
1,423.0
21601
(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

---

CRS-224
Senate
in millions
FY02*
FY03*
FY04
FY05
FY06
FY07
FY02-07
FY08-11
FY02-11
House §
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
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
NE
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

---

CRS-225
Senate
in millions
FY02*
FY03*
FY04
FY05
FY06
FY07
FY02-07
FY08-11
FY02-11
House §
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
TITLE XIV
MANAGEMENT OF DOE SCIENCE AND TECHNOLOGY
PROGRAMS
Sec. 1402
Availability of funds. a
21801
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
21702
TITLE XV
PERSONNEL AND TRAINING a
Sec. 1501
Workforce trends and traineeship grants.
ss
ss
ss
ss
ss
ss
21601
Sec. 1502
Postdoctoral & senior research fellowships in energy research.
ss
ss
ss
ss
ss
ss
21601
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
17,117.3
12,772.1
13,489.1
9,897.6
978.4
54,325.3
1,783.0
56,108.3

---

CRS-226
NOTES:
ss = such sums as may be necessary
NE = no equivalent provision
*FY2002 and FY2003 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-227
Index of Senate Non-Tax Sections
Senate sections which are in italics appear in this report just after, or in a few cases just before,
the corresponding House section. NE = no equivalent provision.
Senate bill sections 1900-2508 and House bill sections 41001-44002 deal with taxes and are
not included in this report.
(For additional information, see CRS Report RL32042, Energy Tax Incentives in the 108th
Congress: A Comparison of the House and Senate Versions of H.R. 6 and the Senate Finance
Committee Amendment.)
Senate
House
Senate
House
Senate
House
101, 102
16022
261
13201
604
30210
201
16042
261
16072
605 - 608
30220
202
16101
262
16074
607
21523
203
16091
263
11006
609
12101
204
16091
264
16074
610
12201
205
16021
265
16073
611 - 612
21709
206
16031
271
16074
613
30220
207
16081
272
16013
701
12001
208
16031
301(a, b)
13001
702
12002
209
16084
301(c)
13001
703
12001
210
16013
401 - 408
30101
704(d)
12004
221
16041
501
14001
704
12007
222
16042
502
14002
705
12005
223
16043
502(a)
14002(a)
706
12006
224
16044
502(b)
14002(b)
707
12007
225
16045
502(c) 14002(c)
708
12008
226
16046
503
14004
709
12009
227
16047
504
14005
710
12010
228
16048
505
14006
711
12010
229
16049
506
14007
712
12011
230
16050
507
14015
713
12003
231
16051
508
14008
714
12012
232
16052
509
14009
715
12014
233
16053
511
14030
721
60010
234, 235
16056
512 - 513
14037
741 - 783
12404
236
16054
514
21411
801
18001
237
16055
515
21421
801
18001
238
16056
516
14037
802 - 804
18002
241
16061
521
14021
805
15050
242, 243
16061
531 - 532
14037
806
15013
244
16062
541 - 542
14037
806
15046
245
16071
601
12103
807
15033
251
16081
602
30203
807
23002
252
16093
602
30206
808
15045
253
16094
602
30207
809
23002
254
16094
602
30208
810
15033
255 - 259
16094
603
30209
810
23002

---

CRS-228
Senate
House
Senate
House
Senate
House
811
18002
931
70001
1403
21802
812
15051
932
70002
1404
21803
813
17106
933
70003
1405
21804
814
23001
934
70004
1406
22002
815
23002
935
70005
1407
21805
816
23004
936
70006
1408
21805
817, 818
15014
937
70006
1409
21806
819(q)
15011
938
70007
1410
21806
819(p)
15012
939
70008
1411
21807
819(r)
15012
940
70009
1412, 1413
21808
820(a)
17101
941 - 950
11025
1414
21702
820(e)
17102
1001 - 1032
70009
1501, 1502
21636
820A
15014
1101 - 1111
70009
1503
21636
820B
17108
1201 - 1204
20001
1504
21121
821
11003
1201 - 1204
21811
1505
21813
821
11012
1211
21101
1506
21636
822
15043
1212
21141
1507
30708
823
15051
1213
21111
1601
70009
824
60010
1214
15041
1701
30909
832
17201
1215
21111
1702
30801
833(c)(6)
17103
1216
21632
1703
16012
833
17103
1221
21301
1704
30801
834
17104
1222
21311
1705
11025
835
17104
1223(a-b)
60001
1706
12404
836
17105
1223(c)
60002
1707
21441
837, 838
17107A
1223(d)
60003
1708, 1709
30909
839
17107
1223(e-f)
60003
1801 -1805
70009
840
17108
1223(g)
60005
1811
70009
901
11021
1223(h)
60008
2601 -2606
70009
902
11022
1223(i)
60008
2701
70009
903
11024
1223(i)(2)(202)
60004
904
11025
1231
21511
905
11023
1232
21704
911
11002
1233
21512
912
11003
1234
21521
913
11004
1234
21522
914
11005
1235, 1236
21512
915
11006
1237
21707
916 - 918
11006
1241
21401
919
11001
1242
21431
920
11010
1243 - 1245
21411
921
11007
1251
21601
922
11045
1252
21633
923
11043
1253
21634
924
11044
1254
21611
925
11046
1254
21612
926
11041
1261
16073
927
11046
1262
12403
928
11045
1301 - 1385
70009
929
11042
1401
21801
930
11047
1402
21801

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