Energy Policy: Election Year Issues and
Legislative Proposals

Carl E. Behrens
Specialist in Energy Policy
September 24, 2012
Congressional Research Service
7-5700
www.crs.gov
R42756
CRS Report for Congress
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epared for Members and Committees of Congress

Energy Policy: Election Year Issues and Legislative Proposals

Summary
Energy policy in the United States has focused on three major goals: assuring a secure supply of
energy, keeping energy costs low, and protecting the environment. In pursuit of those goals,
government programs have been developed to improve the efficiency with which energy is
utilized, to promote the domestic production of conventional energy sources, and to develop new
energy sources, particularly renewable sources.
Implementing these programs has been controversial because of varying importance given to
different aspects of energy policy. For some, dependence on imports of foreign oil, particularly
from the Persian Gulf, is the primary concern; for others, the indiscriminate use of fossil fuels,
whatever their origin, is most important. The contribution of burning fossil fuels to global climate
change is particularly controversial. Another dichotomy is between those who see government
intervention as a positive force and those who view it as a necessary evil at best.
Energy policy is an important issue in the Presidential campaign, and there are sharp differences
between the positions of President Obama and Republican candidate Mitt Romney, and between
most Republicans and Democrats in the Congress. The Obama Administration has vigorously
pushed energy efficiency and renewable energy initiatives, at the same time claiming to
encourage development of oil and natural gas resources. President Obama has declared global
climate change a major issue. The Romney campaign argues that the Obama Administration has
blocked oil and gas development, and declares that so-called green technologies are too expensive
to compete in the market. Alternative energy funding, according to Romney, should be
concentrated on basic research. On global climate change, Romney acknowledges that human
activity contributes to global warming, but claims there is no consensus on its extent or severity.
He opposes unilateral measures that do not include actions by developing countries.
The 112th Congress has not taken up comprehensive energy legislation, but numerous bills have
been taken up on specific energy issues. Several notable bills that have passed the House but have
not been taken up by the Senate are H.R. 4480, aimed at increasing leasing of federal land for oil
and gas production; H.R. 2401 and H.R. 3409, which would limit EPA’s issuance of new
emissions restrictions for coal-fired power plants; and H.R. 6213, which would prohibit the
Department of Energy from granting loan guarantees for innovative and renewable energy
projects.

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Energy Policy: Election Year Issues and Legislative Proposals

Contents
Introduction...................................................................................................................................... 1
Policy Goals..................................................................................................................................... 2
Conservation and Energy Efficiency ......................................................................................... 2
Increasing Domestic Supply...................................................................................................... 2
Production of Oil................................................................................................................. 2
The Price of Oil and Gasoline ............................................................................................. 3
Natural Gas.......................................................................................................................... 3
Electric Power Production................................................................................................... 4
Replacing Conventional Energy Sources .................................................................................. 4
Energy Policy in the Presidential Campaign ................................................................................... 5
Obama Energy Policy................................................................................................................ 5
Romney Energy Policy.............................................................................................................. 6
Selected Legislation......................................................................................................................... 7
H.R. 4480, The Domestic Energy and Jobs Act .................................................................. 8
S. 3521, The Family and Business Tax Cut Certainty Act of 2012..................................... 8
H.R. 2401, The Transparency in Regulatory Analysis of Impacts on the Nation
(TRAIN) Act .................................................................................................................... 8
H.R. 3409, The Stop the War on Coal Act........................................................................... 8
H.R. 1084 and S. 587, The Fracturing Responsibility and Awareness of Chemicals
Act (FRAC Act); S. 2248 and H.R. 4322, The Fracturing Regulations are
Effective in State Hands Act (FRESH Act)...................................................................... 9
H.R. 6213, No More Solyndras Act .................................................................................... 9
H.R. 4850, The Enabling Energy Savings Innovations Act ................................................ 9

Contacts
Author Contact Information............................................................................................................. 9

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Energy Policy: Election Year Issues and Legislative Proposals

Introduction
U.S. energy policy since the Arab oil embargo in the 1970s has been aimed at a long-term goal
with three major dimensions: to assure a secure supply of energy, to keep energy costs low
enough to meet the needs of a growing economy, and to protect the environment while producing
and consuming that energy. A continuing theme during this period has been that dependence on
imported oil for a large share of the U.S. energy mix, particularly in the transportation sector,
impedes that aim in all three dimensions, but the importance given to import dependence varies.
For some, import dependence is the primary concern; for others, particularly those focused on
environmental issues, it is a symptom of a general crisis that arises from indiscriminate
consumption of fossil fuels. A particularly controversial aspect of the debate is the issue of global
climate change, because burning fossil fuels produces large amounts of carbon dioxide, a
greenhouse gas.
Like the goals of energy policy, the means of achieving them have three dimensions: reducing
consumption by increased energy efficiency; increasing domestic production of conventional
energy sources, particularly oil; and developing new sources of energy, particularly renewable
energy and renewable fuels, that can replace oil and other fossil fuels.
Pursuing the goals of energy policy has been complicated by the diversity of energy consumption
and supply in the United States. On the consumption side, there are three major sectors:
residential/commercial, industrial, and transportation. On the supply side, the primary sources
have traditionally been fossil energy: petroleum, natural gas (and “natural gas liquids” such as
propane and butane), and coal. Electricity, which is both an energy source and a consumer of
energy, has replaced some fossil fuels: about 75% of the energy consumed by the
residential/commercial sector is electricity, and industrial energy consumption is about 35%
electricity. But in the transportation sector, petroleum has remained dominant. Only in the past
few years has corn-derived ethanol become a significant transportation fuel, replacing close to
10% of gasoline consumption.
A diverse spectrum of generating sources is used to produce electricity. Coal for many years
supplied half the electricity generated nationally. In recent years its share has declined; it was
about 42% in 2011. Generation by natural gas has risen in importance, supplying about 25% in
2011. To those who regard global climate change as an urgent issue, this trend is important
because generating electricity from coal emits roughly twice the carbon dioxide per kilowatt-hour
than generating from natural gas. Nuclear fission supplies about 20%, hydropower less than 10%.
Petroleum, an important generating fuel in the 1970s and early 1980s, now contributes less than
1% of electricity generation. A surge of construction of wind-powered generating capacity has
brought its share of total generation to about 3%.
An issue that cuts across all these factors is the role of government. How much does government
policy affect energy markets? A fundamental dichotomy that lies beneath many individual policy
debates, not only in energy issues, is between those who see government intervention as a
positive force, and those who view it at best as a necessary evil to be restricted as much as
possible.
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Energy Policy: Election Year Issues and Legislative Proposals

Policy Goals
Conservation and Energy Efficiency
Reducing energy consumption by conservation and by increased efficiency of energy use has
been a major component of policy since the first energy crisis in the 1970s. Most prominent has
been setting fuel economy standards for automobiles and trucks.1 Federal research and
development programs in energy-efficient technologies have had continued support over many
years, pursuing improvements in building technology, in industrial processes, and in vehicle
efficiency—the last including battery designs that have been used in producing hybrid vehicles.2
Development of “Smart Grid” technologies in electric power distribution systems to encourage
more efficient use of electricity has received much recent attention. Grant programs to improve
and “weatherize” existing residences have received continued funding, but like all such programs
they have become controversial in the current tight budget environment.3 Standards for home
appliances such as air conditioners, refrigerators, and washing machines are another policy
program that has had continued support, and some controversy. A requirement to raise efficiency
levels in light bulbs has been an issue for several years.
Increasing Domestic Supply
Production of Oil
With dependence on oil imports probably the most high-profile energy policy issue, the question
of domestic oil production has a long history of controversy. Much exploration and development
of new oil resources involves federal land, particularly on the outer continental shelf (OCS) and
in Alaska, and environmental concerns have led to extended moratoria on leasing for many areas.4
The Deepwater Horizon oil spill in the Gulf of Mexico in 2010 added a further dimension to the
question of OCS leasing.5 In recent years, development of Canadian oil sands resources, and of
tight oil deposits in the United States, has added further controversy over the possible
environmental effects of their production and transportation.6 The proposed Keystone XL pipeline
to bring Canadian crude to Texas refineries has been particularly controversial.7

1 For details, see CRS Report R42721, Automobile and Truck Fuel Economy (CAFE) and Greenhouse Gas Standards,
by Brent D. Yacobucci, Bill Canis, and Richard K. Lattanzio.
2 See CRS Report R42498, Energy and Water Development: FY2013 Appropriations, coordinated by Carl E. Behrens.
3 See CRS Report R42147, DOE Weatherization Program: A Review of Funding, Performance, and Cost-Effectiveness
Studies
, by Fred Sissine.
4 See CRS Report R42432, U.S. Crude Oil Production in Federal and Non-Federal Areas, by Marc Humphries, and
CRS Report R41132, Outer Continental Shelf Moratoria on Oil and Gas Development, by Curry L. Hagerty.
5 See CRS Report R41684, Oil Spill Legislation in the 112th Congress, by Jonathan L. Ramseur.
6 See CRS Report R41760, Hydraulic Fracturing and Safe Drinking Water Act Issues, by Mary Tiemann and Adam
Vann.
7 See CRS Report R41668, Keystone XL Pipeline Project: Key Issues, by Paul W. Parfomak et al., and CRS Report
R42611, Oil Sands and the Keystone XL Pipeline: Background and Selected Environmental Issues, coordinated by
Jonathan L. Ramseur.
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In addition, for some, increasing production of oil is in principle to be avoided, since it merely
postpones the replacement of fossil fuels by renewable energy and makes the transition more
difficult. Others are particularly opposed to development of oil sands, on the grounds that it
produces more greenhouse gases than conventional oil production.8
The Price of Oil and Gasoline
Since 2004, oil and gasoline markets have been highly volatile. Throughout this period some have
argued that prices were being driven not by the cost of producing the resources but by speculation
and unregulated manipulation of the markets. The Dodd-Frank Wall Street Reform Act of 2010
(P.L. 111-203) aimed to address these concerns, but its application and enforcement remain
controversial.9 The issue is complicated because oil prices are largely determined in a world
market beyond the reach of domestic regulation.
An additional issue involving oil and gasoline prices is the role of the Strategic Petroleum
Reserve (SPR), which was set up after the Arab oil embargoes to fill temporary interruptions in
the supply of oil. In principle releases from the SPR are limited to cases in which a physical lack
of supply exists, but some have argued that it can be used to dampen surges in world oil prices
even when current supply is adequate to meet demand. The June 2011 release of 30 million
barrels from the SPR in response to the Libyan civil war has been deemed by some critics as such
an attempt to influence the market when U.S. supplies were adequate.10
Natural Gas
Unlike the world oil market, in which events abroad quickly affect prices locally, the natural gas
market is largely domestic. Except for about 5% net imports from Canada by pipeline, 2011 gas
consumption, 24 trillion cubic feet, was almost entirely produced in the United States. Production
since 2010 has increased sharply, largely as a result of development of tight shale formations. As
with tight oil production, shale gas development has brought environmental concerns about the
effects on ground water of hydraulic fracturing. The need for gathering infrastructure and pipeline
construction from new fields is also an issue.
With gas production up and demand not growing as fast, the likelihood of increasing exports of
liquefied natural gas (LNG) has increased. LNG requires complex and expensive processing and
loading facilities that have been controversial in locations where they have been proposed. There
is also the prospect of controversy over the question of exporting energy resources such as natural
gas, and its effect on prices and supply.11

8 See CRS Report R42537, Canadian Oil Sands: Life-Cycle Assessments of Greenhouse Gas Emissions, by Richard K.
Lattanzio.
9 See CRS Report R42129, Derivatives Legislation in the 112th Congress, by Rena S. Miller.
10 See CRS Report R42460, The Strategic Petroleum Reserve: Authorization, Operation, and Drawdown Policy, by
Anthony Andrews and Robert Pirog.
11 See CRS Report R42074, U.S. Natural Gas Exports: New Opportunities, Uncertain Outcomes, by Michael Ratner,
Paul W. Parfomak, and Linda Luther.
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Electric Power Production
The electric power sector since the mid-1980s has been essentially independent of the major
energy policy issue of dependence on imported oil, since oil-generated electricity is a very small
part of the generation mix. Nevertheless, electricity’s central role in America’s energy mix makes
it subject to numerous controversies.
A major consideration is the role of the coal industry. More than one billion tons of coal are
consumed in the United States each year, about 93% of it burned to produce electricity. Initiatives
by the Environmental Protection Agency (EPA) that would impose tighter emissions restrictions
on coal-fired power plants are particularly controversial. Limits on cross-state emissions of sulfur
dioxide and nitrogen oxides, emissions of mercury and other hazardous pollutants, and regulation
of greenhouse gas emissions, among other proposed regulations, have been characterized by
critics as a regulatory “train wreck” that would impose excessive costs and lead to plant
retirements that could threaten the adequacy of electricity capacity (i.e., reliability of supply)
across the country.12
Nuclear power is also a continuing issue. Although subject to continuing opposition over
questions of safety, disposal of radioactive waste, and possible proliferation of nuclear weapons,
nuclear fission has gained support because it does not emit greenhouse gases. However, cost
considerations in the face of increasing natural gas production, and safety concerns enhanced by
the tsunami-caused accident at Japan’s Fukushima nuclear plant in March 2011, have put further
expansion of nuclear power in question.13
Replacing Conventional Energy Sources
The third path toward reaching the goals of energy policy is to develop alternative sources of
energy to replace fossil fuels. As noted, reducing the need for imported oil has been a major
feature of energy policy, and congressional mandates have led to increased consumption of
ethanol. However, essentially all fuel ethanol currently is produced from corn, potentially putting
pressure on food production and food prices. The technology for producing ethanol from non-
food sources (cellulosic biomass) faces serious technological barriers. Another transportation
alternative, long considered but only slowly adopted, has been natural gas-powered vehicles.
Recent increases in natural gas production, noted above, have made this option appear more
attractive, although developing a supply infrastructure and overcoming technological and cost
difficulties continue to present barriers to widespread adoption.
For many participants in the energy debate, replacing fossil fuels has been a goal not limited to
the transportation sector, however. Electricity production by renewable energy sources—wind
power, concentrating solar power, photovoltaic cells, geothermal energy, biomass—is the goal of
many initiatives: research and development programs, tax benefits, loan guarantees, and
mandates.
The main stimulus for these programs is environmental, including concern about global climate
change, but the prospect of developing new industrial production from expansion of renewable

12 See CRS Report R41914, EPA’s Regulation of Coal-Fired Power: Is a “Train Wreck” Coming?, by James E.
McCarthy and Claudia Copeland.
13 See CRS Report RL33558, Nuclear Energy Policy, by Mark Holt.
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energy sources has been a significant, if controversial, theme. Even nuclear power, long a target
of environmental concerns, has been considered a viable alternative to fossil energy for electricity
generation, although once again the influx of newly developed natural gas resources has raised
serious questions about the cost competitiveness of new nuclear power generators.
Energy Policy in the Presidential Campaign
When oil prices surged over $100 per barrel early in 2012, mostly driven by the prospect of a
confrontation with Iran over nuclear weapons and the expected slowing of world economic
growth, it appeared that energy policy would be a major factor in the election of 2012. By
midyear, however, the Iran crisis appeared to be less critical, prices receded, and the issue receded
somewhat from the headlines. Nevertheless, there remain sharp differences between the positions
of President Obama and Republican candidate Mitt Romney, and between most Republicans and
Democrats in the Congress.
Obama Energy Policy
The Obama campaign website does not have a specific reference to energy policy, but the
President has frequently stated his support for strong efforts to develop renewable energy sources,
both as an environmental goal and as a way to develop domestic industrial activity. In his 2011
State of the Union address to Congress he declared: “This is our generation’s Sputnik moment,”
when, like the Apollo mission to the moon, investment in research and education “unleashed a
wave of innovation that created new industries and millions of new jobs.”14 He repeated the
theme in 2012, claiming that “because of federal investments, renewable energy use has nearly
doubled, and thousands of Americans have jobs because of it.”15
In addition to clean energy initiatives, the President also has claimed credit for encouraging the
development of natural gas production, especially the recent surge in shale gas, while ensuring
that the environment is protected in the process. In his 2012 State of the Union address, he noted
that “it was public research dollars, over the course of 30 years, that helped develop the
technologies to extract all this natural gas out of shale rock.”16
Domestic production of oil is also up, and the President insists his administration has opened up
large areas for exploration in an environmentally safe way. Speaking in March 2012,17 when
gasoline prices appeared to be peaking again, the President scorned “politicians [who] dust off
their 3-point plans for $2.00 gas” by proposing “drill, baby, drill, drill, drill, drill.” Instead, he
said, “we need an all-of-the-above strategy.... Yes, develop as much oil and gas as we can, but
also develop wind power and solar power and biofuels. Make our buildings more fuel-efficient.
Make our homes more fuel-efficient. Make our cars and trucks more fuel-efficient so they get
more miles for the gallon.”

14 http://www.whitehouse.gov/the-press-office/2011/01/25/remarks-president-state-union-address.
15 http://www.whitehouse.gov/the-press-office/2012/01/24/remarks-president-state-union-address.
16 Ibid.
17 http://www.whitehouse.gov/the-press-office/2012/03/15/remarks-president-energy.
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The President has declared global climate change to be “one of the biggest issues of this
generation,”18 and early in his Administration supported legislation that would have set up a “cap-
and-trade” limit on greenhouse gas emissions. Climate change is a major justification for the
vigorous efforts to develop renewable energy sources.
The President’s actions have generally followed his declared policies. Fuel economy standards
have been raised, with a rule issued in April 2010 setting the standard at 34.1 miles per gallon
(mpg) for 2016, and a further rule issued in August 2012 setting the 2025 standard at 49.7 mpg.
The new standards also call for reductions in emissions of greenhouse gases.19 Support for energy
efficiency and renewable energy programs in the Department of Energy was sharply increased in
each of the Administration’s annual budget requests. On the issue of OCS leasing, some areas in
the Gulf of Mexico that were formerly closed have been opened to leasing. In each of these areas,
the extent and form of policy changes have been subject to controversy.
Romney Energy Policy
On his website, Republican Presidential candidate Mitt Romney criticizes the Obama energy
policy and proposes action in three areas: regulatory changes, increasing production of “carbon-
based energy resources,” and directing alternative energy R&D funding to “basic research.”20
The statement argues that the Obama administration, “in thrall to the environmentalist lobby and
its dogmas,” has “stifled the domestic energy sector” by blocking “off-shore drilling in U.S.
waters” and blocking “construction of a pipeline that would bring Canadian oil to the United
States, knowing full well that the result would be Canadian oil flowing to China instead.” The
statement also attacks Obama’s focus on renewable energy and his claim to creating “green” jobs.
“The ‘green’ technologies are typically far too expensive to compete in the marketplace, and
studies have shown that for every ‘green’ job created there are actually more jobs destroyed,”
according to the Romney statement.
Romney’s regulatory proposals include speeding up approval of gas and oil production permits
and nuclear power licensing, including cost considerations in regulatory processes and excluding
carbon dioxide from the purview of the Clean Air Act—the latter aimed at restricting the
Environmental Protection Agency from limiting greenhouse gas emissions to combat global
climate change. Specific actions proposed to increase domestic energy production include
“prevent[ing] overregulation of shale gas development and extraction” and “support[ing]
construction of pipelines to bring Canadian oil to the United States.” On research and
development, the Romney statement says “government has a role to play in innovation in the
energy industry,” but that “we should not be in the business of steering investment toward
particular politically favored approaches. That is a recipe for both time and money wasted on
projects that do not bring us dividends.” The policy should be to “concentrate alternative energy
funding on basic research,” according to the statement.

18 http://www.sciencedebate.org/debate12/
19 http://yosemite.epa.gov/opa/admpress.nsf/
79c090e81f0578738525781f0043619b/13f44fb4e2c2d39d85257a68005d0154!OpenDocument
20 http://www.mittromney.com/issues/energy#content-content
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In a “white paper” issued August 23, 2012, Romney criticized the Administration’s emphasis on
alternative energy and claimed that to “dramatically increase domestic energy production” would
lead to “North American energy independence by 2020.” He specifically proposed giving the
states authority to “control onshore energy development.”21
On the issue of global climate change, Romney stated that “the world is getting warmer, human
activity contributes to that warming, and policymakers should therefore consider the risk of
negative consequences.” But he claimed a “lack of scientific consensus ... on the extent of the
warming, the extent of the human contribution, and the severity of the risk,” and criticized
policies that unilaterally aimed at reducing U.S. emissions without requiring reductions from the
developing world.22
Selected Legislation
Energy policy historically has been legislated mostly in large, complex bills that deal with a wide
variety of issues, with debate spanning several sessions. The Energy Policy Act of 2005 (EPAct
2005; P.L. 109-58), was the most recent comprehensive general legislation, with provisions and
authorizations in almost all areas of energy policy. EPAct 2005 also set up in DOE the program of
energy project loan guarantees which has become a source of controversy and debate following
the bankruptcy of the Solyndra solar system manufacturing facility in 2011.23
The Energy Independence and Security Act of 2007 (EISA, P.L. 110-140) set new target fuel
economy standards for cars and light trucks of 35 miles per gallon by 2020, and increased the
renewable fuels standard (RFS) to start at 9.0 billion gallons in 2008 and rise to 36 billion gallons
by 2022. EISA also included new efficiency standards for appliances and for light bulbs, the latter
being particularly controversial in the 112th Congress.
In the 111th Congress the American Recovery and Reinvestment Act (the “Stimulus” Act, ARRA,
P.L. 111-5) had major energy policy provisions, including expansion of the loan guarantee
program and large increases in funding for renewable energy programs. The Office of Energy
Efficiency and Renewable Energy programs, in addition to the $2 billion appropriated in the
FY2009 regular appropriations bill, received $17 billion in ARRA, of which $11.5 billion was for
grants to states for energy, efficiency, and weatherization programs. The Office of Electricity
Delivery and Energy Reliability, which had historically been funded at about $150 million per
year, received $4.5 billion in ARRA, directed at establishing “Smart Grid” technology for the
electric power industry.
The 112th Congress has not dealt with major energy legislation, but numerous energy policy
questions have been taken up in proposed legislation. Some of the more significant bills are
discussed below.

21 http://www.mittromney.com/sites/default/files/shared/energy_policy_white_paper_8.23.pdf
22 http://www.sciencedebate.org/debate12/
23 See CRS Report R42152, Loan Guarantees for Clean Energy Technologies: Goals, Concerns, and Policy Options,
by Phillip Brown.
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H.R. 4480, The Domestic Energy and Jobs Act
Originally called the Strategic Energy Production Act of 2012, H.R. 4480 aims at increasing
leasing of federal land for oil and gas production. In case of a release of crude oil from the
Strategic Petroleum Reserve, the bill would require the Secretary of Energy to develop a plan to
increase the percentage of federal lands leased for oil and gas exploration, development, and
production under the jurisdiction of the Secretaries of Agriculture, Energy, the Interior, and
Defense by the percentage of petroleum in the Strategic Petroleum Reserve that was drawn down.
The bill was reported by the House Energy and Commerce Committee on June 6, 2012, as the
Domestic Energy and Jobs Act, and passed by the House June 21 by a vote of 248–163. The
Senate has taken no action on the bill.
S. 3521, The Family and Business Tax Cut Certainty Act of 2012
On August 2, 2012, the Senate Finance Committee approved a bill extending many tax provisions
that were due to expire at the end of 2012. Included was an extension of the Production Tax
Credit (PTC) for wind energy, which had originally been omitted from the bill.24 The House has
not taken up the extender package; the issue is expected to be taken up when the Congress returns
following the November election. The legislation is significant because the Romney campaign
reportedly came out at the end of July in opposition to the wind energy PTC.25
H.R. 2401, The Transparency in Regulatory Analysis of Impacts on the Nation
(TRAIN) Act

As noted above, EPA’s moves to regulate emissions from coal-fired power plants have been
highly controversial and have led to numerous proposed legislative initiatives. H.R. 2401 would
suspend many EPA actions while studies of their impacts were performed. The bill passed the
House September 23, 2011, but has not been taken up by the Senate.
H.R. 3409, The Stop the War on Coal Act
A combination of five bills: the Coal Miner Employment and Domestic Energy Infrastructure
Protection Act (H.R. 3409; which is the same bill number as the package itself); the Energy Tax
Prevention Act (H.R. 910); the Transparency in Regulatory Analysis of Impacts on Our Nation
Act, or TRAIN Act (H.R. 2401); the Coal Residuals Reuse and Management Act (H.R. 2273);
and the Clean Water Cooperative Federalism Act (H.R. 2018). H.R. 3409 passed the House
September 21, 2012.

24 http://www.finance.senate.gov/imo/media/doc/
08022012%20Summary%20of%20the%20Modified%20Chairman's%20Mark%20of%20the%20Family%20and%20B
usiness%20Tax%20Cut%20Certainty%20Act%20of%2020121.pdf
25 “Romney comes out in firm opposition to PTC extension,” Energy and Environment Daily, July 31, 2012.
http://www.eenews.net/EEDaily/print/2012/07/31/1
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H.R. 1084 and S. 587, The Fracturing Responsibility and Awareness of
Chemicals Act (FRAC Act); S. 2248 and H.R. 4322, The Fracturing Regulations
are Effective in State Hands Act (FRESH Act)

The issue of regulation and safety of hydraulic fracturing has led to differing legislative
proposals. Under provisions of EPAct 2005, EPA does not have regulatory jurisdiction over
certain aspects of hydraulic fracturing. The proposed FRAC Act would give EPA such jurisdiction
under the Safe Drinking Water Act. The FRESH Act would maintain jurisdiction within the states.
Neither legislative proposal has been reported out of committee.
H.R. 6213, No More Solyndras Act
This legislation would bar DOE from issuing loan guarantees for innovative and renewable
energy project applications submitted after 2011, and would limit modifications to existing loans.
The bill passed the House September 14, 2012.
H.R. 4850, The Enabling Energy Savings Innovations Act
When passed by the House June 22, 2012, this bill revised DOE’s regulations regarding energy
efficiency of walk-in coolers and freezers. On September 22 the Senate took up and passed the
bill with an amendment by Energy and Natural Resources Chairman Bingaman with further
provisions about water heaters, commercial refrigerators, and air conditioners and heat pumps. It
would also require DOE to review its commercial standards every six years and respond to
petitions to amend them.


Author Contact Information

Carl E. Behrens

Specialist in Energy Policy
cbehrens@crs.loc.gov, 7-8303


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