Order Code RL32055
CRS Report for Congress
Received through the CRS Web
Climate Change Legislation in the 108th Congress
Updated June 9, 2004
Brent D. Yacobucci
Analyst in Energy Policy
Resources, Science, and Industry Division
Kyna Powers
Environmental Policy Analyst
Resources, Science, and Industry Division
Congressional Research Service ˜ The Library of Congress

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Climate Change Legislation in the 108th Congress
Summary
Climate change and greenhouse gas (GHG) emissions have been an issue in the
108th Congress, as they have been over the past decade. Bills directly addressing
climate change issues range from those focused primarily on climate change research
(H.R. 1578 and S. 1164) to comprehensive emissions cap and trading programs for
all six greenhouse gases (S. 139 and H.R. 4067). Additional bills focus on GHG
reporting and registries (H.R. 6 (Senate-passed), H.R. 1245, S. 17, and S. 194), or on
power plant emissions of carbon dioxide (H.R. 2042, S. 139, S. 366, and S. 843).
These climate change bills differ within and across categories. Among the
climate change research bills, there are common and divergent research focuses. For
example, a few bills, including S. 139 and S. 1164, would direct research on
historical instances of climate change to develop climate change models. Additional
bills focus on research to examine vulnerabilities to climate change in the United
States, particularly with respect to human health, environmental, and economic
outcomes. Furthermore, some bills would promote research on political and
technological options to reduce GHG emissions.
Among the six bills with GHG reporting and registry requirements, there are
also differences. The primary difference between reporting bills is how each
determines which entities must report. H.R. 6 (Senate version), H.R. 1245, H.R.
4067, and S. 139 would establish GHG emission thresholds, usually around 10,000
metric tons of carbon dioxide (or equivalent) per year, above which an entity must
submit records of its GHG emissions. However, H.R. 6 and H.R. 1245 exclude
farms from the reporting requirement. The remaining bills, S. 17 and S. 194, would
have the Administrator of the Environmental Protection Agency (EPA) establish the
threshold requirement.
There are also similarities and differences between cap and trade bills.
Specifically, H.R. 2024, S. 366, and S. 843 would focus on fossil fuel-fired electric
generating facilities, while S. 139 and H.R. 4067 would cover a broader array of
sources. Furthermore, H.R. 2024, S. 366, and S. 843 would cap one GHG — carbon
dioxide — while S. 139 and H.R. 4067 would cap all six GHGs.
This report briefly discusses basic concepts on which these bills are based, and
compares major provisions of the bills in each of the following categories: climate
change research, GHG reporting and registries, and cap and trade programs. This
report will be updated as events warrant.

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Contents
Climate Change Research Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
GHG Reporting and Registry Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
GHG Emission-Reduction Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Carbon Dioxide Reduction Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Comprehensive GHG Emissions Reductions . . . . . . . . . . . . . . . . . . . . 9
List of Tables
Table 1. Comparison of Climate Change Research Bills . . . . . . . . . . . . . . . . . . . . 3
Table 2. Comparison of GHG Reporting and Registry Bills . . . . . . . . . . . . . . . . . 7
Table 3. GHG Cap and Trade Bills . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Appendix 1. Climate Change Bills in the 108th Congress . . . . . . . . . . . . . . . . . . 14
Appendix 2. Key Provisions of Climate Change Legislation in the 108th Congress
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

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Climate Change Legislation
in the 108th Congress
Since 1992, when the United States ratified the United Nations’ Framework
Convention on Climate Change (UNFCCC), a number of voluntary and regulatory
actions have been proposed or undertaken in the United States to decrease
greenhouse gas emissions. Most of these policies have been established primarily to
achieve energy or environmental goals, while also having the effect of reducing GHG
emissions.1
In the 108th Congress, numerous bills have been introduced that directly or
indirectly address climate change. Most bills focus on energy efficiency, energy
conservation, or non-fossil fuels. However, the focus of this report is on bills that
directly address climate change, not on bills that would have indirect or ancillary
impacts on greenhouse gas emissions. This report describes and compares climate-
related bills, which fall into three major categories: (1) those that would establish
climate change research programs to further examine the origins and effects of
climate change (H.R. 6,2 H.R. 1578, H.R. 4067, S. 17, S. 139, and S. 1164); (2)
those that would establish GHG monitoring systems as a basis for research or for any
future reduction program (H.R. 6, H.R. 1245, H.R. 4067, S. 17, S. 139, and S. 194);
and (3) those that would establish market-based programs to directly limit emissions
of CO , the primary greenhouse gas (H.R. 2024, S. 139, H.R. 4067, S. 366, and S.
2
843). The major provisions of these bills are categorized in Appendix 1 and
summarized in Appendix 2.
Climate Change Research Bills

Global climate change is a complex issue. While most scientists agree that the
climate is changing in response to greenhouse gas emissions, uncertainties
concerning the causes and the effects of climate change remain and are the subject
1 Under the United Nations Framework Convention on Climate Change (UNFCCC),
greenhouse gases include carbon dioxide (CO , the most ubiquitous and primary greenhouse
2
gas), methane (CH ), nitrous oxide (N O), hydrofluorocarbons (HFCs), perfluorocarbons
4
2
(PFCs), and sulfur hexaflurane (SF ). Some other greenhouse gases are controlled under the
6
Montreal Protocol on Substances That Deplete the Ozone Layer.
2 For the purposes of this report, H.R. 6 always refers to the Senate-passed bill. The
conference report on H.R. 6 (H.Rept. 108-375) does not contain provisions on climate
change. The conference report was approved by the House on November 18, 2003. On
November 21, a cloture motion on the conference report failed in the Senate. As of this
writing, the conference report is still pending in the Senate.

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CRS-2
of scientific research.3 Federally, much of this research is conducted through the U.S.
Global Change Research Program.4
Research Bills. Two bills in the 108th Congress, S. 1164 (Collins) and H.R.
1578 (M. Udall), focus primarily on climate change research.5 As shown in Table
1, these bills would establish research programs with different focuses. S. 1164 calls
for the development and testing of climate change models based on historic climatic
changes. H.R. 1578 focuses on using historic trends to assess the nation’s
vulnerabilities to climatic change and to assess climate change policy.
While S. 1164 does not have any substantial non-research provisions, H.R. 1578
would also establish an interagency committee to develop vulnerability assessments,
facilitate interagency cooperation, and provide representation to international
meetings. This committee would facilitate the establishment of the United States
Global Change Research Plan. The plan would establish goals and priorities and
would identify options to achieve those aims.
Research Provisions in Broader Bills. In addition to the research bills
H.R. 1578 and S. 1164, four bills (H.R. 6, H.R. 4067, S. 17, and S. 139) include
climate change research provisions as part of a broader climate change bill.
Specifically, research in H.R. 6 would focus on climate change mitigation
technology, climate change adaptation, and resolving scientific and economic
uncertainty. The research provisions in S. 17 focus on a national assessment of
climate change impacts and a review of methods to address climate change.
Research under S. 139 would focus on technology transfer barriers, the impact of the
Kyoto Protocol on the United States, climate change impacts, and possible methods
to reduce GHG emissions. The research provisions of H.R. 4067 are similar to those
under S. 139, except that H.R. 4067 does not address technology transfer or the
impacts to the Kyoto Protocol, and adds a section on agricultural research.
3 For more information on the science and policy of Global Climate Change see CRS Issue
Brief IB89005, Global Climate Change.
4 One such document is U.S. Global Change Research Program, Climate Change Impacts
on the United States: The Potential Consequences of Climate Variability and Change.
(Washington, DC, 2000). Available at [http://www.usgcrp.gov/usgcrp/Library/
nationalassessment/overview.htm], visited August 28, 2003.
5 The research provisions of H.R. 6 (Senate-passed), S. 17, S. 139, and S. 843 are described
in later sections since these bills have other major focuses. This report does not include bills
with other focuses that also have research components related to climate change
(particularly sequestration, renewable energy, and energy efficiency) including: H.R. 238,
H.R. 984, H.R. 1213, H.R. 1395, H.R. 1645, H.R. 1777, H.R. 190, and H.R. 2088.

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CRS-3
Table 1. Comparison of Climate Change Research Bills
H.R. 1578 (M.
H.R. 4067
H.R. 6 (Senate-
S. 17 (Daschle)
S. 139
S. 1164 (Collins)
Udall)
(Gilchrest)
passed)
(Lieberman)
Research
Global
Create indicators to
Modeling and
The economic,
Create indicators to
Create indicators to
Focus
Measurements
understand historic
assessment of
public health, and
understand historic
understand historic
Studies of historic
climate change
climate change
environmental
climate change
climate change
changes
Improve
effects on
impacts of global
Improve
Improve
Information on
understanding of
economic and
warming and
understanding of
understanding of
economic and
thresholds and
social systems.
climate change on
thresholds and
thresholds and
demographic
nonlinearities of
Understanding
the United States.
nonlinearities of
nonlinearities of
trends that affect
geophysical
response of human
Funding and
geophysical
geophysical
vulnerability to
systems related to
(social and
effectiveness of
systems related to
systems related to
climate change
climate change
economic) and
programs
climate change
climate change
Interaction of
Develop and test
natural ecosystems
established to
Develop and test
Develop and test
physical,
climate change
to climate change.
reduce
climate change
climate change
chemical,
models
Understanding the
greenhouse gas
models
models
biological and
Climate change
availability,
emissions.
Climate change
social processes
standards and
benefits and costs
standards and
related to global
processes
of policy and
processes
change
Vulnerability and
technology options
Vulnerability and
Initiatives to
adaptation to
to mitigate climate
adaptation to
determine, and
climate change
change risks.
climate change
then meet, the
Technology transfer
Carbon sequestration
Technology transfer
information needs
barriers
GHG emissions from
barriers
of decision-
Agricultural effects
federal facilities
makers.
of climate
and welfare, and
change and
human social and
opportunities
economic systems
for carbon
sequestration

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CRS-4
H.R. 1578 (M.
H.R. 4067
H.R. 6 (Senate-
S. 17 (Daschle)
S. 139
S. 1164 (Collins)
Udall)
(Gilchrest)
passed)
(Lieberman)
Research
(Continued)
(Continued)
Focus
Effects of global
Impact of the Kyoto
climate change on
Protocol on
agriculture, energy
United States:
production and
industry,
use,
international
transportation,
cooperation on
human health
scientific research
Adoption rates of
and development,
policy and
United States
technology to
participation in
reduce climate
environmental
change variability
climate change
and examine
mitigation efforts
market and policy
and technology
barriers
deployment
Source of
United States Global
National Science
National Academy of
Determined by the
National Science
Department of
Research
Change Research
Foundation,
Sciences,
Executive Office
Foundation,
Commerce
Program
Department of
Department of
of the President
Department of
(interagency)
Commerce
Energy (multiple
Commerce
Department of
offices),
Agriculture
Department of
Agriculture, and
Office of National
Climate Change
Policy in the
Executive Office of
the President

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CRS-5
H.R. 1578 (M.
H.R. 4067
H.R. 6 (Senate-
S. 17 (Daschle)
S. 139
S. 1164 (Collins)
Udall)
(Gilchrest)
passed)
(Lieberman)
Outcomes
Vulnerability
Models of climate
Regional
A national
Models of climate
Models of climate
Assessment
change
vulnerabilities and
assessment of
change
change
Policy Assessment
Report on technology
adaptation
climate change
Report on technology
Annual Report
transfers income and
assessment
impacts
transfers income and
Interagency climate
royalties
Assessment of
Annual description
royalties
and other global
Report on United
climate change
of measures the
Report on United
change data
States impact of
effects on
United States has
States impact of
management
Kyoto Protocol
economic and
adopted or
Kyoto Protocol
working group
New measurements
social systems
implemented to
New measurements
and standards
Annual Reports
reduce climate
and standards
National Science
Change in National
change
National Science
Foundation
Global Change
Foundation
research
Research Plan
research
Education program
Climate change
for farmers on
strategy
global climate
change
Technical assistance
to coastal states on
adapting to
climate change
Research
None specified
Yes
Yes
None specified
Yes
Yes
Funding
Authorized

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CRS-6
GHG Reporting and Registry Bills
Under the UNFCCC, the United States annually reports on its GHG emissions.6
The United States Environmental Protection Agency (EPA) does this reporting using
various techniques (e.g., fuel analysis for CO ). The three dominant sources of GHG
2
emissions are electricity generation (33.1%), transportation (26.9%), and industry
(19%).7 At the national level, electric utilities must report their GHG emissions
pursuant to the 1990 Clean Air Act, but there is no overall national GHG reporting
requirement. However, some states also gather data through voluntary or mandatory
GHG emissions reporting mechanisms.8
Four bills, Title 10 of H.R. 6 (Senate-passed version),9 H.R. 1245 (Olver), S. 17
(Daschle), and S. 194 (Corzine), focus primarily on expanding emissions reporting
to a broad array of sources. (See Table 2.) While S. 17 and S. 194 direct the EPA
to determine who must report emissions information, H.R. 6 establishes a category
of covered sources. Furthermore, these bills would establish a national registry to
collect annual lists submitted by entities on their GHG emissions and sources, and
would establish a national GHG registry to collect voluntarily reported information
on GHG emissions reductions. S. 17 and S. 194 would also require the EPA
Administrator and the Secretaries of Commerce, Agriculture, and Energy to develop
tools for quantifying, verifying, reporting, and accounting for GHG emissions, and
would require the EPA Administrator to publish an annual national GHG emissions
inventory. While these bills establish reporting requirements as the basis for future
regulations, two other bills (S. 139 and H.R. 4067) would establish a monitoring
program as the basis for its GHG cap and trade program. Specifically, these bills
would include a requirement that the Administrator of the EPA establish a national
GHG database and develop methods and standards to measure and verify GHG
emissions.
In addition to their different GHG reporting strategies, these bills have other
major components. For example, S. 17 sets a goal for the President to reduce the
federal government’s net GHG emissions to 1990 levels by 2013. H.R. 6 would
establish the Office of National Climate Change Policy to develop a National Climate
Change Strategy with the long-term goal of stabilization of greenhouse gas
concentrations. S. 17 would also authorize $2 billion per year in grants to state and
local governments to reduce GHG emissions.
6 See CRS Report 98-235 ENR, Global Climate Change: U.S. Greenhouse Gas Emissions
— Status, Trends, and Projections.
7 U.S. Environmental Protection Agency, U.S. GHG Emissions and Sinks 1990-2001, p.
ES-6. Additional sources are agriculture (7.6%), commerce (7.2%), and residential
activities (5.4%).
8 See CRS Report RL32043, Climate Change: State and Local Actions to Address
Greenhouse Gas Emissions.
9 The Senate-passed version of H.R. 6 is identical to the Senate-passed version of H.R. 4
from the 107th Congress. There are no climate change provisions in the House-passed
version of H.R. 6 from the 108th Congress, or in the conference report on H.R. 6 (H.Rept.
108-375).

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CRS-7
Table 2. Comparison of GHG Reporting and Registry Bills
H.R. 6 (Senate
H.R. 1245 (Olver)
H.R. 4067
S. 17 (Daschle)
S. 139
S. 194 (Corzine)
Passed)
(Gilchrest)
(Lieberman)
Covered
Entities that emit
Entities that emit
Entities that:
Entities that exceed
Entities that:
Entities that exceed
Entity
more than 10,000
more than 10,000
(A) own or control
thresholds to be set
(A) own or control
thresholds to be set
metric tons of CO
metric tons of CO
sources of GHG
by the Administrator
sources of GHG
by the
2
2
(or equivalent)
(or equivalent)
emissions in the
of the EPA
emissions in the
Administrator of
Major manufacturers
electric power,
electric power,
the EPA
or importers of
industrial, or
industrial, or
motor vehicles
commercial sectors
commercial sectors
Manufacturers or
of the United States
of the United States
importers of DOE-
economy, refine or
economy, refine or
listed products
import petroleum
import petroleum

products for use in
products for use in
transportation, or
transportation, or
produce or import
produce or import
HFCs PFCs, or
HFCs PFCs, or
SF6, and
SF6, and
(B) emit more than
(B) emit more than
10,000 metric tons
10,000 metric tons
of GHG/ year (CO
of GHG/ year (CO
2
2
or equivalent) or
or equivalent) or
produce or import
produce or import
petroleum
petroleum
products, HFCs,
products, HFCs,
PFCs, SF6, or
PFCs, SF6, or
other greenhouse
other greenhouse
gases that, when
gases that, when
used, will emit over
used, will emit over
10,000 metric tons
10,000 metric tons
of GHG/year CO
of GHG/year CO
2
2
(or equivalent)
(or equivalent)

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CRS-8
H.R. 6 (Senate
H.R. 1245 (Olver)
H.R. 4067
S. 17 (Daschle)
S. 139
S. 194 (Corzine)
Passed)
(Gilchrest)
(Lieberman)
Excluded
Feedlots and Farms
Farms
None indicated
None indicated
None indicated
None indicated
Entities
Covered
The 6 GHGs: CO ,
The 6 GHGs: CO ,
The 6 GHGs: CO ,
The 6 GHGs: CO ,
The 6 GHGs: CO ,
The 6 GHGs: CO ,
2
2
2
2
2
2
GHGs
CH , N O, HFCs,
CH , N O, HFCs,
CH , N O, HFCs,
CH , N O, HFCs,
CH , N O, HFCs,
CH , N O, HFCs,
4
2
4
2
4
2
4
2
4
2
4
2
PFCs, SF
PFCs, SF
PFCs, SF
PFCs, SF
PFCs, SF
PFCs, SF
6
6
6
6
6
6
Other substances may
Other substances may
be added
be added
Includes
Yes
Yes
Yes
Yes
Yes
Yes
Provisions
for
Voluntary
Reporting

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CRS-9
GHG Emission-Reduction Bills
The United States has no federal GHG reduction requirements, though proposals
to require such reductions have been made. These proposals have included
“command and control” regulations on emissions, GHG emission taxes, and market-
based techniques to limit emissions. The last, market-based programs, typically take
as their model the Clean Air Act acid rain program.10
In the 108th Congress, bills have been introduced that would establish market-
based GHG reductions (see Table 3). One bills, S. 139 and H.R. 4067, would cap
the emissions of the six greenhouse gases specified in the United Nations’
Framework Convention on Climate Change.11 Three other bills, H.R. 2042, S. 366,
and S. 843, would focus on reducing carbon dioxide from electric utilities. Each of
these bills would use market-based trading mechanisms to limit GHG emissions.
Cap and trade programs set strict limits on specific emissions from a particular group
of sources, allowing individual sources to trade reductions. This flexibility in who
makes reductions leads to lower costs. One method is to allocate emissions
allowances to each source. Allowances can be bought or sold. In a well-functioning
market, entities that face relatively low emission-reduction costs would achieve extra
emission reductions. Then these entities would sell their unused allowances to
entities that face higher emission-reduction costs. An entity facing higher costs could
then purchase allowances to exceed its initial emissions cap.12
Carbon Dioxide Reduction Bills. As shown in Table 3, H.R. 2042
(Waxman), S. 36613 (Jeffords), and S. 843 (Carper) focus on electric utility
emissions.14 These bills would limit emissions of carbon dioxide, along with other
air pollutants.15 (See Table 3.) The first round of emissions reductions would go into
effect in the year 2009. S. 843 would also include a second phase of emissions
reductions that would begin in 2012.
Comprehensive GHG Emissions Reductions. Unlike other bills
proposed in the 108th Congress, the Climate Stewardship Act (S. 139 and H.R. 4067)
focuses on achieving market-driven reductions in all six greenhouse gases (Table 3).
The legislation applies to entities in the electricity, transportation, industry, and
10 The acid rain program caps emissions from each source, but allows sources to exceed
their caps if they purchase credits from sources that achieve extra emissions reductions.
11 The six greenhouse gases are carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexaluoride.
12 For more information on market mechanisms, see CRS Report IB97057, Global Climate
Change: Market-Based Strategies to Reduce Greenhouse Gases.
13 S. 366 is similar to S. 566 from the 107th Congress.
14 S. 485 (Inhofe), the Clear Skies Act of 2003, also establishes a cap and trade program for
nitrogen oxides from utilities. However, S. 485 is not included in Table 3 because it does
not address carbon dioxide, the primary greenhouse gas.
15 This report does not discuss bills that would reduce other pollutants without including
CO . Such bills include H.R. 203, H.R. 999 and S. 485.
2

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CRS-10
commercial sectors that emit over 11,023 tons of greenhouse gases per year. Starting
in 2010, the bills would cap total GHG emissions at 6.5 billion tons (CO equivalent
2
emissions), reduced by the amount of CO (equivalent emissions) from non-covered
2
entities in the year 2000. After 2015, S. 139 would further restrict emissions to 5.65
billion tons, reduced by the amount of emissions from non-covered entities in 1990.
Both bills would also establish a formula for allocating GHG emissions allowances,
and would establish a climate change credit corporation to manage allowance trading.
In addition to establishing caps on all six greenhouse gases, the bills would
support climate change research and establish a GHG emissions inventory. The bills
also include a requirement that the Administrator of the EPA establish a national
GHG database, and develop methods and standards to measure and verify GHG
emissions. (See Table 1 and Table 2.)

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CRS-11
Table 3. GHG Cap and Trade Bills
H.R. 4067 (Gilchrest)
S. 139 (Lieberman)
H.R. 2042 (Waxman)
S. 366 (Jeffords)
S. 843 (Carper)
Covered
Any electric power,
Any electric power,
Any fossil fuel-fired
Any fossil fuel-fired
Any fossil fuel-fired16
sources
industrial, or commercial
industrial, or commercial
electric generating
electric generating
electric generating
entity that emits over
entity that emits over
facility that has a
facility that has a
facility that has a
10,000 metric tons of
10,000 metric tons of
capacity of greater than
capacity of greater than
capacity of greater than
CO equivalent/year; any
CO equivalent/year; any
15 megawatts and
15 megawatts, generates
25 megawatts and
2
2
refiner or importer of
refiner or importer of
generates electricity for
electricity for sale, and
generates electricity for
petroleum products for
petroleum products for
sale.
emits a covered pollutant
sale.
transportation use that
transportation use that
into the air
when combusted will
when combusted will
emit over 10,000 metric
emit over 10,000 metric
tons of CO
tons of CO
2
2
equivalent/year; and, any
equivalent/year; and, any
importer or producer of
importer or producer of
HFCs, PFCs or SF6 that
HFCs, PFCs or SF6 that
when used will emit over
when used will emit over
10,000 metric tons of
10,000 metric tons of
CO equivalent/year.
CO equivalent/year.
2
2
Covered
All 6 GHGs
All 6 GHGs
1 GHG: carbon dioxide
1 GHG: carbon dioxide
1 GHG: carbon dioxide
pollutants
Other Pollutants: sulfur
Other Pollutants: sulfur
Other Pollutants: sulfur
dioxide, nitrogen
dioxide, nitrogen
dioxide, nitrogen
oxides, and mercury
oxides, and mercury
oxides, and mercury
16 The regulations for mercury are for coal-fired electric generating units rather than fossil fuel-fired. Covered sources are also
different for sulfur dioxide.

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CRS-12
H.R. 4067 (Gilchrest)
S. 139 (Lieberman)
H.R. 2042 (Waxman)
S. 366 (Jeffords)
S. 843 (Carper)
Emissions cap
6.49 billion tons of CO
6.49 billion tons of CO
Tons of CO emitted
2
2
Reduce CO emissions
CO emissions to 2.05
2
2
2
equivalent/year from
equivalent/year
to 1990 levels by 2009
billion tons/yr17
from affected units in
2009 to 2015 for all
from 2009 to 2015
beginning in 2009
2006, beginning in 2009
covered entities taken
for all covered
together.
entities taken
Tons of CO emitted
2
together.
from affected units in
5.64 billion tons of CO
2001, beginning in 2012
2
equivalent/year
after 2015.
Implementation
Tradeable allowance
Tradeable allowance
To be determined by
Tradeable allowance
Tradeable allowance
Strategy
system. EPA shall
system. EPA shall
EPA — market
system. Allowances
system. Allocation
determine allocations
determine allocations
mechanisms permitted
allocated to various
formulas based on
based on several
based on several
(except for Hg)
sectors and interests,
generating efficiency.
economic and equity
economic and equity
including households,
criteria including
criteria including
dislocated workers and
Allocations includes a
efficiency and impact on
efficiency and impact on
communities, electricity
new source reserve to
consumers. Allowances
consumers. Allowances
intensive industries,
provide allowances to
to be allocated upstream
to be allocated upstream
affected utilities, energy
newly constructed
to refiners and importers
to refiners and importers
efficiency and renewable
sources.
of transportation fuel
of transportation fuel
energy activities, and
along with producers of
along with producers of
sequestration activities.
HFCs, PFCs, and SF6;
HFCs, PFCs, and SF6;
downstream to electric
downstream to electric
generation, industrial,
generation, industrial,
and commercial entities
and commercial entities
17 S. 366 would further limit the number of emission allowances in present year by the number of tons emitted two years prior by
small electricity generating facilities, and by any number required to protect the public health, welfare, or the environment.

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CRS-13
H.R. 4067 (Gilchrest)
S. 139 (Lieberman)
H.R. 2042 (Waxman)
S. 366 (Jeffords)
S. 843 (Carper)
Percentage
-5% c -5%
b,c -9.5%
-7.5%
-5.1%
a
change v.
business as
usual by 2010
Percentage
+27.7% c +27.7%
b,c +21.7
+24.2%
+27.5%
a
change v. 1990
levels
(UNFCCC
baseline year)
Penalties for
Excess emission penalty
Excess emission penalty
none specified
Same as CAA, title IV
Excess emission penalty
non-compliance
equal to three times the
equal to three times the
except excess emission
of $100 per ton plus one-
market price for
market price for
penalty is three times the
for-one offset from
allowance on the last day
allowance on the last day
average market price for
future emissions
of the year at issue
of the year at issue
allowances
allocations
a Assumes requirement of S. 843 is achieved in 2010, rather than 2013.
b Phase 1 only. Phase 2 would involve a 2016 reduction down to 1990 levels by affected sources.
c Depending on actual coverage and the implementation strategies employed by affected sources, reductions achieved could be above the 5% estimate
presented here. CRS estimates based on 85% coverage and U.S.-only implementation would be about 8.8% in 2010, 22.6% above 1990 levels.
Source: CRS calculations based on projections contained in the UNFCCC Secretariat’s 2002 Climate Action Report. Available at:
[http://www.epa.gov/globalwarming/publications/car/index.html]. For more information see CRS Report RL31779.

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CRS-14
Appendix 1. Climate Change Bills in the 108th Congress
CO2 and Comprehensive
GHG
Set
CO2 & NOx
NOx
Emissions Caps
Climate Clarify Reporting Emissions
Emission
Allowance and Allowance
Change Research
and
Goal for
Caps for
Trading Trading for all
Bill (s) and Short Title (s)
Research Methods Registry
U.S.
Utilities
Program
GHGs
Other
SENATE BILLS
S. 17 (Daschle)
X
X
X
X
X
Global Climate Security Act of 2003, National GHG emissions
Inventory and Registry Act of 2003
S. 139 (Lieberman)
X
X
X
X
X
Climate Stewardship Act of 2003
S. 194 (Corzine)
X
X
X
National GHG Emissions Inventory and Registry Act of 2003
S. 366 (Jeffords)
X
X
X
Clean Power Act of 2003
S. 843 (Carper)
X
X
X
Clean Air Planning Act of 2003
S. 1164 (Collins)
X
Abrupt Climate Change Research Act of 2003
H.R. 6 (As passed by the Senate)a
X
X
X
X
Energy Policy Act of 2003
HOUSE BILLS
H.R. 1245 (Olver)
X
X
National GHG Emissions Inventory Act of 2003
H.R. 1578 (M. Udall)
X
X
Global Change Research and Data Management Act of 2003
H.R. 2042 (Waxman)
X
X
Clean Smokestacks Act of 2003
H.R. 4067 (Gilchrest)
X
X
X
X
X
Climate Stewardship Act of 2004
a No climate provisions in House-passed H.R. 6, or in the conference report on H.R. 6 (H.Rept. 108-375)

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CRS-15
Appendix 2. Key Provisions of Climate Change Legislation in the 108th Congress
Bill No.
Sponsor
Last Major Action
Key Provisions
S. 17
Daschle
Referred to Senate Environment and
Establishes a mandatory greenhouse gas database. In addition, it
Public Works — January 7, 2003
establishes a commission to help implement the UNFCCC.
Authorizes $2 billion annually in grants to state and local
governments to reduce greenhouse gas emissions. It does not
mandate emissions reductions.
S. 139
Lieberman
Considered by Senate, referred back to
Requires any entity that emits more than 10,000 metric tons of
Senate Environment and Public Works
greenhouse gases (CO equivalent) to reduce emissions to year
2
— October 30, 2003
2000 levels by 2010, and 1990 levels by 2016. Allows: tradeable
credits for reductions beyond those required, reductions from
non-covered entities, increases in carbon sequestration, increases
in passenger vehicle fuel economy, and emissions reductions in
other countries.
S. 194
Corzine
Referred to Senate Environment and
Establishes mandatory greenhouse gas registries, but does not
Public Works — January 17, 2003
require emission reductions.
S. 366
Jeffords
Referred to Senate Environment and
The Clean Power Act of 2003 amends the Clean Air Act to
Public Works — February 12, 2003
require the Administrator of the Environmental Protection
Agency to promulgate regulations to achieve specified
reductions in emissions of sulfur dioxide, nitrogen oxides, carbon
dioxide and mercury from certain electric generation facilities by
January 1, 2009.
S. 843
Carper
Referred to the Senate Environment and
Amends the Clean Air Act to establish a national uniform
Public Works — April 9, 2003
multiple air pollutant regulatory program, including for carbon
dioxide, for the electric generating sector.
S. 1164
Collins
Referred to the Senate Commerce,
Provides for research to understand, assess, and predict human-
Science and Transportation — June 2,
induced and natural processes of abrupt climate change.
2003

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CRS-16
Bill No.
Sponsor
Last Major Action
Key Provisions
H.R. 6 (Senate-
Tauzin
Passed Senate — July 31, 2003;
Establishes research programs focusing on vulnerabilities,
Passed version)
Conference report approved by House —
technology, sequestration, and other topics. Establishes
November 18, 2003
emissions monitoring and reporting mechanisms.
Cloture motion on conference report
failed in Senate — November 21, 2003
(Conference report and House-passed
version have no climate-related
provisions)
H.R. 1245
Olver
Referred to House Energy and
Requires EPA to establish a GHG emissions information system
Commerce — March 24, 2003
to collect information submitted regarding an entity’s GHG
emissions. Establishes voluntary registry to collect information
on emissions reductions.
H.R. 1578
M. Udall
House Science Committee motion to
Directs the President to develop a National Global Change
report failed — May 1, 2003
Research Plan. Requires plan to set recommendations for
research, research priorities, and establish a data management
working group to coordinate global GHG research.
H.R. 2042
Waxman
Referred to House Energy and
Amends the Clean Air Act to require the EPA to promulgate
Commerce — May 20, 2003
regulations to achieve specific reductions of carbon dioxide from
power plants.
H.R. 4067
Gilchrest
Referred to House Science, Energy and
Requires any entity that emits more than 10,000 metric tons of
Commerce — March 30, 2004
greenhouse gases (CO equivalent) to reduce emissions to year
2
2000 levels by 2010. Allows: tradeable credits for reductions
beyond those required, reductions from non-covered entities,
increases in carbon sequestration, and emissions reductions in
other countries.

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