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

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

Order Code RL34282
Side-by-Side Comparison of Climate Change
Provisions in Omnibus Energy Legislation in the
110th Congress
Updated December 14, 2007
Jane A. Leggett, Coordinator, Eugene H. Buck, Nicole T. Carter,
M. Lynne Corn, Susan R. Fletcher, Peter Folger,
Ross W. Gorte, Linda Luther, Larry Parker,
Pervaze A. Sheikh, and Fred Sissine
Resources, Science, and Industry Division
Robert Meltz
American Law Division
Wayne A. Morrissey
Knowledge Services Group

Side-by-Side Comparison of
Climate Change Provisions in Omnibus Energy
Legislation in the 110th Congress
Summary
In the 110th Congress, the House and the Senate passed several different
versions of omnibus energy legislation containing provisions to address climate
change and greenhouse gas emissions. The House originally passed H.R. 6 in
January 2007. The Senate passed an amended version in June 2007. In August 2007,
the House passed a new and broader-ranging omnibus energy bill, H.R. 3221. On
December 6, 2007, the House substituted the Senate’s text of H.R. 6 with an
amendment containing many provisions from H.R. 3221 and some from Senate-
passed H.R. 6. On December 13, the Senate again passed an amended H.R. 6. This
report compares climate-specific provisions in the various energy bills.
The version of H.R. 6 passed by the Senate on December 13 was very similar
to the version passed by the House on December 6, though without controversial
provisions that would have reduced tax incentives for oil production. All the climate
change-specific provisions covered in this report were identical in these versions.
The House had already omitted in H.R. 6 most of the climate-specific provisions
contained in H.R. 3221. Remaining in H.R. 6, as passed by both the House
(12/6/2007) and Senate (12/13/2007) are: programs to develop carbon sequestration
technologies; international programs to promote efficient and clean energy; and an
Office of Climate Change and Environment in the Department of Transportation.
This report compares provisions specifically directed at climate change in
recently passed omnibus energy legislation, including H.R. 3221 as passed August
4, H.R. 6 as passed by the Senate on June 21, H.R. 6 as passed by the House on
December 6, and H.R. 6 as passed by the Senate on December 13, 2007. Comments
on provisions are included as appropriate.

Contents
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
List of Tables
Table 1. Climate Change Provisions in H.R. 3221 and H.R. 6 . . . . . . . . . . . . . . . 3

Side-by-Side Comparison of
Climate Change Provisions in Omnibus
Energy Legislation
Introduction
In the first session of the 110th Congress, the House and the Senate passed very
different versions of omnibus energy legislation. The House originally passed H.R.
6 in January 2007. The Senate passed an amended version in June 2007. In August
2007, the House passed a new and broader-ranging omnibus energy bill, H.R. 3221.
On December 6, 2007, the House substituted the Senate’s text of H.R. 6 with an
amendment containing many provisions from H.R. 3221 and some from Senate-
passed H.R. 6. The Senate, then, on December 13, concurred with the House-passed
version but eliminated controversial provisions taking away tax incentives for the oil
industry and setting a minimum standard for renewable energy in electricity
generation. This report compares climate-related provisions in the current energy
legislation. The provisions covered in this report were identical in the versions of
H.R. 6 passed by the House on December 6 and the Senate on December 13.

Most provisions in the current version of H.R. 6, originated in the House-passed
H.R. 3221, although many provisions in H.R. 3221 that specifically addressed
climate change or greenhouse gas emissions were omitted. Provisions previously
passed by the House but now omitted from H.R. 6 include: statements of federal
climate change policy; repeal and replacement of the U.S. Global Change Research
Program; assessment of climate change impacts and adaptation strategies; and
required reductions of greenhouse gases (GHG) by federal agencies.
While virtually all energy provisions have implications for GHG emissions or
technology development, H.R. 6, as passed by the House on December 6, 2007, and
the Senate on December 13, includes several provisions that specifically address
climate change or greenhouse gases. These climate-specific provisions in the latest
versions of H.R. 6 include:
! measures to promote GHG reducing technologies1 overseas,
! assessments of geological and terrestrial carbon sequestration,
! establishment of an Office of Climate Change and Environment in
the Department of Transportation, and
1 The term “clean and efficient energy” is defined in House-passed H.R. 6 Title IX as
technology that will, inter alia, reduce GHG emissions compared to technologies in
widespread commercial use in a recipient country.

CRS-2
! an audit of the U.S. tax code to estimate the magnitude of impacts
of its provisions on GHG emissions.
This report compares provisions specifically directed at climate change topics
in recently passed omnibus energy legislation. The provisions covered in this report
are identical in the versions of H.R. 6 that passed the House on December 6 and the
Senate on December 13. (For legislation on energy efficiency and renewable energy,
see CRS Report RL33831 — Energy Efficiency and Renewable Energy Legislation
in the 110th Congress, by Fred Sissine, Lynn J. Cunningham and Mark Gurevitz.) A
side-by-side comparison follows of House-passed H.R. 3221 with H.R. 6 (passed by
the Senate 6/21/2007; by the House 12/6/2007 and the Senate 12/14/2007).

CRS-3
Table 1. Climate Change Provisions in H.R. 3221 and H.R. 6
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
ENERGY INDEPENDENCE AND SECURITY ACT OF 20072
CRS Experts: Susan Fletcher (sfletcher@crs.loc.gov; 7-7231); Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
TITLE II, United States Policy on
No comparable provision.
Like the Senate-passed H.R. 6,
The United States rejected the Kyoto
Global Climate Change, Subtitle A,
House-passed H.R. 6 omitted this
Protocol, with commitments by
Sec. 2102 contains Congressional
provision.
industrialized countries to reduce
Statement of Policy. The United
GHG emissions, because it did not
States will take a leadership role,
contain commitments by large
participating more actively and
developing country emitters (e.g.,
constructively in the
China) and it was perceived to be too
intergovernmental climate change
costly.
process, and seek to obtain mitigation
commitments from all major
The United States continues to
greenhouse gas (GHG) emitting
participate in UNFCCC negotiations
countries under the United Nations
(parent treaty of the Protocol), but
Framework Convention on Climate
insists that negotiations towards a
Change (UNFCCC). The United
post-2012 treaty should not include
States is to serve this goal by
binding commitments to reduce
engaging in high level dialogue on
GHG. President Bush initiated a
climate change with the Group of 8
high-level dialogue on climate
(G-8), China, India, Brazil, and
change with major GHG-emitting
others. While protecting U.S.
nations, parallel to the UNFCCC
national and economic interests and
negotiations, beginning September
U.S. competitiveness, the United
2007 in Washington DC, to run
States is to participate in negotiation
through 2008. Both President Bush’s
of a new agreement under the
policy and the U.N. have a goal of
UNFCCC that would include binding
reaching agreement on a global treaty
mitigation commitments from all
in 2009.
major emitting countries, and address
the need for adaptation.
2 The headings used in the table are those in the latest-passed bill, H.R. 6 as passed by the House on December 6, 2007.

CRS-4
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Sec. 2103 establishes an Office on
No comparable provision.
Omitted.
Global Climate Change within the
Dept. of State, headed by an
Ambassador-at-Large to advance
U.S. goals concerning reducing
emissions of GHGs and serve as a
principal adviser to the President and
Secretary of State on climate change
policy.
Assistance to Promote Clean and Efficient Energy Technologies in Foreign Countries
CRS Experts: Susan Fletcher (sfletcher@crs.loc.gov; 7-7231); Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
Subtitle B, Sec. 2201, Congressional
No comparable provision.
Title IX omits the Congressional
The U.S. Government’s Asia-Pacific
Findings, reviews existing authorities
Findings of H.R. 3221 and references
Partnership on Clean Development
and notes inadequate funding. It
to the Asia-Pacific Partnership on
and Climate (APP) was launched by
recognizes the U.S. Government’s
Clean Development and Climate. It
President G.W. Bush as a major
Asia-Pacific Partnership on Clean
defines “clean and efficient energy
initiative to address climate change
Development and Climate, but as a
technology” as technology that will,
internationally, outside of the UN
non-binding framework that does not
inter alia, reduce greenhouse gas
FCCC and Kyoto Protocol
require GHG emissions reductions
emissions compared to technologies
framework. It currently includes the
from the six partnership countries.
in widespread commercial use in a
United States, Australia, Canada,
recipient country.
China, India, Japan and South Korea.
Sec. 2202, United States Assistance
Its website describes the APP’s focus
for Developing Countries, authorizes
Sec. 911 is the same as H.R. 3221
as “expanding investment and trade
$200 million annually for the U.S.
Sec. 2202.
in cleaner energy technologies, goods
Agency for International
and services in key market sectors.”
Development (AID) over the fiscal
[http://www.asiapacificpartnership.or
years 2008 - 2012 to support policies
g]
and programs in developing countries
that promote clean and efficient
energy technologies, and to promote
the use of American-made clean and
efficient energy technologies
products, and energy and
environmental management services.
The Administrator of U.S. AID is to
submit an annual report on the
implementation.

CRS-5
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Sections 2203-2206 outline steps to
No comparable provision.
Secs. 912-913 are the same as H.R.
be taken by (1) the Secretary of
3221’s section 2203-2204.
Commerce through the U.S. Foreign
Commercial Service and the
Sec. 914 omits the Congressional
International Trade Administration,
Findings but includes H.R. 3221’s
(2) the Overseas Private Investment
Sense of the Congress that OPIC
Corporation (OPIC), and (3) the U.S.
should promote greater investment in
Trade and Development Agency to
clean and efficient energy
promote the use of clean and efficient
technologies, and related actions.
energy technologies, and to give
preferential treatment to projects
Sec. 915 is nearly the same as Sec.
promoting these goals and U.S.
2206 of H.R. 3221, but softens the
exports to meet them. The Secretary
preference to be given to clean and
shall submit annual reports in 2008-
efficient technologies by the Trade
2012. Authorizes sums as may be
and Development Agency.
necessary in each fiscal year of 2008-
2012.

CRS-6
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Sec. 2208 requires the President to
No comparable provision.
Sec. 916 requires the President to
provide assistance to the Interagency
establish within 90 days a Task Force
Working Group to Support a Clean
on International Cooperation for
Energy Technology Exports
Clean and Efficient Energy
Initiative, in accord with its five-year
Technologies. Within 1 year, the
strategic plan (2002). Requires an
Task Force shall submit a strategy to
annual report to Congress on
promote adoption, and to facilitate
implementation. Authorizes $5
the export, of clean and efficient
million for each fiscal year 2008-
energy technologies in major
2012.
developing countries, and to develop
related financial instruments and
mechanisms, consistent with the rules
of the World Trade Organization.
The strategy shall be updated every 3
years. The Task Force shall also
establish an Interagency Working
Group, which shall establish an
Interagency Center on the Export of
Clean and Efficient Energy
Technologies. The Task Force shall
terminate in 12 years. Requires a
triennial report to Congress.
Authorizes $5 million for each fiscal
year 2008 - 2020.
Sec. 2207, the Global Climate
No comparable provision.
Omitted.
Change Exchange Program,
authorizes the Secretary of State to
establish a program to strengthen
research and educational exchange,
and international cooperation to
reduce GHG emissions and address
challenges posed by climate change.
An annual report is required on
implementation of this program, and
$3 million annually is authorized for
each fiscal year 2008 - 2012.

CRS-7
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Sec. 2209 requires a report within
No comparable provision.
Omitted.
180 days after enactment on the
impact of global climate change on
developing countries. It must contain
an assessment of current and
anticipated needs of developing
countries to adapt, and a strategy to
meet those needs, including U.S.
assistance, and identifying funding
sources.
International Clean Energy Foundation
CRS Experts: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
Subtitle C establishes an
No comparable provision.
Subtitle B establishes an
International Clean Energy
International Clean Energy
Foundation as a government
Foundation as a government
corporation, to serve foreign policy
corporation, to serve foreign policy
and energy goals of reducing GHG
and energy goals of reducing GHG
emissions. The Foundation shall,
emissions. It is nearly identical to
inter alia, make grants to projects
Subtitle C of H.R. 3221. In Sec.
demonstrating technologies,
923(6), the Foundation shall give
processes and services to reduce
preferences to entities incorporated in
GHG emissions; solicit additional
the United States and whose
funding from other governments;
technologies will be substantially
create a repository of information on
manufactured in the United States.
best practices; and promote
Authorizes $20 million in each fiscal
American-made energy technologies.
year 2009-2013.
An annual report to Congress is
required regarding implementation in
the prior fiscal year. Authorizes $20
million in each fiscal year 2008-
2012.

CRS-8
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
SCIENCE AND TECHNOLOGY
Advanced Research Projects Agency-Energy
CRS Expert: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
Title IV, Subtitle A establishes the
No comparable provision.
Omitted.
Advanced Research Projects Agency-
Energy (ARPA-E), reporting to the
Secretary of the Department of
Energy (DOE), to conduct long-term
and high risk research on novel
energy technologies. Goals include
reducing greenhouse gases.
Establishes in the Department of the
Treasury an Energy Transformation
Acceleration Fund with authorization
for $3 million for FY2008, rising to
$1.3 billion in 2012. ARPA-E is to be
evaluated within 6.5 years.

CRS-9
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Carbon Capture and Storage
CRS Expert: Peter Folger (pfolger@crs.loc.gov; 7-1517)
Title IV, Subtitle F expands the DOE
Title III of H.R. 6 is similar to Title
Title VII, Subtitle A is similar to
H.R. 6 does not include an NAS
program for carbon capture to
IV, Subtitle F of H.R. 3221. It
Title IV, Subtitle F of H.R. 3221, but
review of the DOE programs, or
include R&D for carbon storage and
expands the DOE program to include
it specifically excludes tests
establish a university-based grant
demonstration. DOE would conduct
carbon storage and carbon capture
conducted for the FutureGen project.
program for geological sequestration
7 initial large-volume sequestration
demonstration projects.
Also, it does not set a limit for the
science. H.R. 6 does not require that
tests, preferably using carbon dioxide
number of large-scale carbon capture
the EPA Administrator conduct
from large industrial or electricity-
demonstration tests.
research that determines procedures
generating sources, and would
Title VII also states that nothing in
necessary to assess impacts of CO2
conduct at least 3 large-scale carbon
Subtitle A authorizes promulgation
capture and sequestration on public
capture demonstration tests from
of any requirement that conflicts with
health and safety and on the
industrial sources of CO . Beginning
or is inconsistent with the Safe
environment. H.R. 3221 authorizes a
2
in 2011, the National Academy of
Drinking Water Act. H.R. 6
higher level of appropriations for
Sciences (NAS) would review the
authorizes slightly higher
programs under Title IV, Subtitle F
large-scale sequestration and capture
appropriations for Subtitle A
than H.R. 6.
programs. The Environmental
compared to the similar provision in
Protection Agency (EPA) would
H.R. 3221. Authorizes $240 million
conduct a research program to assess
in each fiscal year 2008-2012 for
potential impacts of CO storage on
Sec. 702 demonstration and testing,
See also provisions on geological and
2
the environment, public health, and
and $200 million for Sec. 703, large
terrestrial sequestration assessment
safety associated with capture and
scale carbon capture for each fiscal
and activities, below.
sequestration. A grant program for
year 2009-2013. Another $1 million
graduate degrees in geological
is authorized for Sec. 705 training
sequestration science would be
and research, and $5 million “in each
established.
fiscal year” for safety research. Sec.
708 authorizes $10 million for a
grant program to universities for
research and development.

CRS-10
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Global Change Research
CRS Expert: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
Subtitle G repeals and replaces
No comparable provision.
Omitted.
“Global change” in H.R. 3221
P.L.101-606, the Global Change
includes climate change and other
Research Act of 1990. Continues
Sec. 306, Assessment of Carbon
environmental changes that are
existing U.S. Global Change
Sequestration and Methane and
global in scope. Compared to existing
Research Program (USGCRP), but
Nitrous Oxide Emissions from
law, H.R. 3221 makes the USGCRP
under lead of the White House Office
Terrestrial Ecosystem, and Sec. 307,
more operational and policy-oriented.
of Science and Technology Policy,
Abrupt Climate Change Research
Increases the role of potential
with authority to “allocate” funds.
Program, are related but narrower
decision-makers in program design.
Directs the President to establish an
provisions regarding specific
Adds data management to federal
“interagency committee” and develop
research tasks in H.R. 6.
agency missions and establishes
the National Global Change Research
federal global change data policies.
Plan (“the Plan”). The Global Change
Includes functions that may not be
Research Program (“the Program”)
considered “research” under the
implements the Plan. Requires that
existing program, such as:
the research program (1) respond to
operational data acquisition and
information needs of communities
management; user or client services;
and decision-makers [Sec. 4614(a)],
and policy assessment. H.R. 6 moves
(2) periodically assess vulnerabilities
budget coordination and reporting
to global change [Sec. 4617]; (3)
from the interagency committee to
periodically assess policy options to
the President.
mitigate or adapt to the effects of
global change [Sec. 4618] and (4)
report annually to Congress [Sec.
4619]. Widens the scope of
“research” by adding economic and
demographic research. Establishes
Climate and Other Global Data
Management, including an
interagency working group [Sec.
4633], and a Global Change Research
Information Exchange [Sec. 4622].

CRS-11
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Subtitle G requires studies and
No comparable provision.
Omitted.
reports to Congress on Ice Sheets
[Sec. 4623] and on Hurricane
Frequency and Intensity [Sec. 4624],
within 18 months after enactment.
Subtitle H, Sec. 4701, establishes
No comparable provision.
Sec. 654 is similar to provisions in
The H-Prize program was under
competitive, cash “H-Prizes” for
H.R. 3221.
Global Change Research in H.R.
advancing hydrogen power [Sec.
3221 but appears under Title VI —
4701], with reporting to Congress on
Accelerated Research and
awards given. Funding comes from
Development of House-passed H.R.
appropriations and sums to be raised
6.
from private entities and individuals
by the private, non-profit entity
administering the competitions. The
authority to announce prize
competitions ends on Sept. 30, 2018.
CARBON-NEUTRAL GOVERNMENT
Federal Government Inventory and Management of Greenhouse Gas Emissions
CRS Expert: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
Title VI Subtitle A requires each
No comparable provision.
Omitted.
See separate, related provisions in
federal agency to annually report its
both bills on modifications to the
GHG emissions for the preceding
U.S. Capitol power plant to reduce its
year, including those due to work
GHG emissions, described elsewhere
performed by contractors, and all air
in this matrix.
travel [Sec. 6101]. The Administrator
of the EPA shall promulgate annual
GHG reduction targets for each
agency for 2010-2050, to achieve
zero net GHG emissions by FY2050
[Sec. 6102]. Each agency submits
plans and manages its GHG
emissions to achieve its targets [Sec.
6102(d) and (e)], and submits annual
efficiency status reports to the
Director of OMB [Sec. 6209].

CRS-12
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Title VI Subtitle A allows agencies to
No comparable provision.
Omitted.
achieve their targets in part through
GHG offsets in FY2015 if no
national mandatory economy-wide
cap-and-trade program has been
enacted by 2010. Authorizes agencies
to purchase qualified GHG offsets or
renewable energy certificates [Sec.
6102(e)(3) and Sec. 6103]. The
President may exempt an agency for
periods of one year. Authorizes such
sums as may be necessary, but
limited in each Executive agency or
Legislative branch office to no more
than 0.01% of discretionary
appropriations in FY2009 and 2010
for purchase of offsets and
certificates. Section 6103 directs the
Comptroller General to issue a report
on markets for GHG emission offsets
by April 1, 2008, and evaluate the
pilot offsets exchange by April 1,
2011. The pilot offsets and
certificates project ceases by
FY2011.
Sec. 6102(f) provides for the federal
No comparable provision.
Under Sec. 712(c)(3)(C) the
This provision in House-passed H.R.
resource management agencies — the
Secretary of the Interior... shall
6 has a narrower definition and scope
Forest Service, the Bureau of Land
See related provisions regarding
“develop near-term and long-term
than the provision in H.R. 3221, by
Management, the National Park
terrestrial sequestration [Title VII,
adaptation strategies or mitigation
defining adaptation as measures to
Service and the Fish and Wildlife
Subtitle D, Chapter 2, Sec. 7421].
strategies that can be employed... to
increase sequestration or reduce
Service — to study management
adapt to climate change.”
emissions of named greenhouse
strategies that would enhance carbon
gases.
sequestration and reduce negative
impacts of “global warming,” to test
See Natural Resources and Wildlife
selected strategies, and to report to
Programs provisions, below.
Congress on results within 4 years of
enactment.

CRS-13
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Federal Government Energy Efficiency — Judicial review
CRS Experts: Robert Meltz (rmeltz@crs.loc.gov; 7-7891)
Title VI, Subtitle B, Sec. 6212
No comparable provision.
Omitted.
In H.R. 3221, the broad definitions of
defines any nondiscretionary act or
“harm” and “attributable”
duty by a federal agency under Title
presumably seek to assure that
VI (or under any amendment made
persons suing federal agencies for
by Title VI) as a “final agency
violations of Title VI are not
action” for purposes of the
thwarted by scientific uncertainty as
Administrative Procedure Act (APA),
to whether a federal agency’s failure
a statute that limits judicial review of
to reduce GHGs caused specific harm
federal agency action to final agency
to the plaintiff. However, the
action. A person would be
section’s statement of physical
considered “aggrieved,” as also
causation — that a federal agency’s
required by the APA, if he/she
emission of more greenhouse gases
alleges harm attributable to a federal
than if Title VI’s requirements had
agency’s failure to reduce its
been met will exacerbate global
greenhouse gas emissions as required
warming — may raise constitutional
— both “harm” and “attributable”
issues under standing doctrine.
being broadly defined. In addition to
APA remedies, a court would be
authorized to award a payment for a
beneficial mitigation project or for
compensating the plaintiff for global
warming impacts. Limits on the
amount of such payments are stated.
Costs of litigation could be awarded
to a substantially prevailing plaintiff.

CRS-14
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
NATURAL RESOURCES COMMITTEE PROVISIONS
Carbon Capture and Climate Change Mitigation
Geological Sequestration Assessment
CRS Experts: Peter Folger (pfolger@crs.loc.gov; 7-1517)
Title VII, Subtitle D, Chapter 1
Title III, Sec. 303 establishes the
Sec. 711 is the same as in H.R. 3221
House-passed H.R. 6 establishes the
establishes a program in the
same program as Title VII, Subtitle D
Title VII, Subtitle D, Chapter 1. Also
same program as similar provisions
Department of the Interior (DOI) to
of H.R. 3221. Authorizes $30
authorizes $30 million total for fiscal
in H.R. 3221 and the Senate-passed
be carried out by the U.S. Geological
million over five years for the
years 2008-2012.
version of H.R. 6.
Survey that would develop a
program.
methodology for, and conduct
(within 2 years of publication of the
methodology) a national assessment
of the CO storage capacity of the
2
United States. Authorizes $30 million
total for fiscal years 2008-2012.
Terrestrial Sequestration Assessment
CRS Experts: Ross Gorte (rgorte@crs.loc.gov; 7-7266)
Title VII, Subtitle D, Chapter 2, Sec.
Sec. 306. Secretary of the Interior
Sec. 712 is very similar to H.R. 3221
Programs are quite similar. More
7421. Secretary of the Interior must,
must, in consultation with federal
and Senate-passed H.R. 6. Extends
detail in Senate-passed bill on
in consultation with federal agency
agency heads and others, (1) assess
provisions to include methane and
methodology and its review, with
heads, assess terrestrial carbon
terrestrial carbon storage amounts
nitrous oxide emissions, as well as
whom to consult, and on what to
storage amounts and processes
and annual fluxes of carbon (with
carbon fluxes. The Secretary shall
assess. House-passed bills contain
(following public comment on
public comment on methodology),
develop strategies both to enhance
funding authorization but at different
methodology) and develop strategies
(2) develop strategies to enhance
sequestration and to reduce GHG
levels.
to enhance sequestration,
storage, emphasizing native plant
emissions, as well as to adapt to
emphasizing native plant species.
species, and (3) estimate carbon
climate change. Includes Subsection
Sec. 7424 authorizes $15 million
sequestration capacity under a range
(e) covering ocean and coastal
total for fiscal years 2008-2012 to
of policies.
ecosystems. Authorizes $20 million
carry out the assessment and
total for fiscal years 2008-2012.
strategies.

CRS-15
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Sequestration Activities
CRS Experts: Peter Folger (pfolger@crs.loc.gov; 7-1517)
Chapter 3, Sec.7431 requires the
No comparable provision.
Sec. 713 is substantially similar to
Minor text modifications appear
Department of the Interior to
H.R. 3221 Sec. 7431.
intended to clarify the provision.
maintain records, and an inventory,
on the amount of CO stored from
2
federal energy leases.
Sec. 7432 requires the Secretary of
Sec. 714 requires a report within one
Provisions in House-passed H.R. 6
the Interior to report on a
year from the Secretary to the
provision is more extensive and
recommended regulatory and
Congressional natural resources
detailed than in H.R. 3221.
certification framework for
committees recommending a
conducting geological carbon
framework to manage geological
sequestration activities on federal
carbon sequestration activities on
lands.
public lands. Requires the Secretary
to ensure that all recommendations
comply with all federal
environmental laws, including the
Safe Drinking Water Act (42 U.S.C.
300F et seq.).
Natural Resources and Wildlife Programs
CRS Experts: Pervaze Sheikh (psheikh@crs.loc.gov; 7-6070); Lynne Corn (lcorn@crs.loc.gov; 7-7267); Gene Buck (gbuck@crs.loc.gov; 7-7262).
Division A, Chapter 4, Subchapter A,
No comparable provision.
Omitted.
Under H.R. 3221, the Council does
Sec. 7441 requires the Secretary of
not cover impacts to all natural
the Interior to establish a National
resources, nor to private or state
Resources Management Council on
lands. “Natural” and “National” are
Climate Change to address impacts
both used in naming the Council. In
of climate change on federal lands,
both Senate and House-passed H.R.
the ocean environment, and federal
6, a Natural Resources Management
water infrastructure. Members are
Council is not authorized.
heads of specified federal agencies.

CRS-16
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Division A, Chapter 4, Subchapter A,
Requires the Secretary of the Interior
Directs the Secretary of the Interior
The provision authorizing adaptation
Sec. 7441 requires the Secretary of
to develop adaptation or mitigation
to develop adaptation and mitigation
or mitigation strategies in Senate and
Interior to submit a plan to Congress
strategies to help terrestrial
strategies for climate change [§712].
House-passed H.R. 6 is a component
within 1 year describing how federal
ecosystems adapt to climate change
Ecosystems under this bill include
of a national assessment of carbon,
agencies shall (1) develop a database
[§306(c)(3)(C)].
any terrestrial, freshwater aquatic, or
nitrous oxide, and methane emissions
of vulnerabilities to climate change;
coastal ecosystem, including an
from terrestrial ecosystems.
(2) manage resources taking into
estuary. Requires restoration and
account climate change; (3) develop
adaptation strategies to emphasize
Under House-passed H.R. 6, the
protocols to implement management
native plant species.
Secretary appears to have broad
changes; and (4) incorporate science
authority to develop adaptation and
in decision-making.
Directs the Secretary to consult with
mitigation strategies (narrowly
specified federal agencies. Secretary
defined to increase sequestration
to prepare national assessment of
capacities or reduce GHG emissions),
carbon storage; methodology for
not just for ecosystems. The term
assessment to be published and
ecosystem applies to any terrestrial,
subject to peer review and public
freshwater or marine ecosystem. For
comment. Authorizes $20 million
ocean, coastal, and estuarine
for FY2008-FY2012.
ecosystems, the Secretary is to “work
jointly with the Secretary of
Commerce.”
Subchapter B, Sec. 7452, states the
No comparable provision.
Omitted.
policy of the federal government,
cooperating with stakeholders, to
assist wildlife and their habitats to
survive and adapt to global warming.
Sec. 7454 requires a National
No comparable provision.
Omitted.
Under H.R. 3221, the National
Strategy within two years to assist
Strategy appears to include both
wildlife and habitats to adapt to
government and private lands, but
climate changes. Requires
specifically will include measures to
consultation with federal agencies
address climate change on federal
and other stakeholders, and
lands. Further, it is unclear how
consideration of other federal
conflicts between the Strategy and
resource plans, goals and measures.
other goals, plans or agency practices
Requires agencies to exercise
may be resolved.
existing authorities to achieve the
goals of the Strategy to the maximum
extent possible.

CRS-17
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Sec. 7455 establishes a science
No comparable provision.
Omitted.
advisory board, a National Global
Warming and Wildlife Science
Center in the U.S. Geological Survey
to conduct research, and to monitor
to detect climate-related changes in
wildlife and habitat.
Sec. 7456 allocates appropriations:
No comparable provision.
Omitted.
45% to implement the Strategy, 25%
for the National Policy on Wildlife
and Global Warming, and 30% for
grants to States and Indian tribes.
Subchapter C, Sec. 7461 authorizes a
No comparable provision.
Omitted.
H.R. 3221 does not specify that
State and Tribal Wildlife Grants
grants are solely to address impacts
Program to benefit wildlife and
of climate change on wildlife and
habitat. Specifies funding allocations
habitat. Codifies an existing program
and cost-sharing. Requires a Wildlife
included in appropriations for DOI.
Conservation Plan for eligibility.
Primary change in H.R. 3221 is
Authorizes such sums that are
greater emphasis on global warming
necessary.
in program.

CRS-18
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Coastal Zone Issues
CRS Experts: Nicole Carter (ncarter@crs.loc.gov; 7-0854); Jeffrey Zinn (jzinn@crs.loc.gov; 7-7257)
Sec. 7472 requires the Secretary of
No comparable provision.
Omitted.
Commerce to establish a coastal
climate change resiliency planning
and response program. Authorizes
the Secretary to make grants to assist
coastal states in developing plans to
minimize contributions to climate
change and to prepare for
consequences of climate change in
the coastal zone. Authorizes the
Secretary to make grants to enable
coastal states to implement state
plans that have been approved by the
Secretary. The provision lists specific
stress factors and activities that
funded projects may address.
Authorizes “such sums as are
necessary.”

CRS-19
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Enhancing climate change predictions in the oceans
CRS Experts: Wayne Morrissey (wmorrissey@crs.loc.gov; 7-7072); Gene Buck (gbuck@crs.loc.gov; 7-7262)
Sec. 7473 establishes a National
No comparable provision.
Omitted.
Integrated Coastal and Ocean
Observation System (hereafter,
System) to gather and disseminate
data used to measure, track, explain,
and predict events related to weather
and climate change, natural climate
variability, and oceanic and
atmospheric environment
interactions, including the Great
Lakes. The provision lays out
responsibilities for federal and non-
federal entities, including a National
Ocean Research Leadership Council,
Regional Information Coordination
Entities, a federal Interagency
Working Group (IWG), a Lead
Agency (NOAA), a System Advisory
Committee and Joint Centers for
environmental observation
partnerships to support and maintain
the System. No contract or
agreements to develop or procure
new federal assets exceeding $250
million in life cycle costs may be
agreed without prior congressional
review. A report to Congress is due
within two years of enactment, and
every two years thereafter. An
independent cost estimate report for
existing and planned elements of the
System is required within one year
after enactment, and shall be
submitted to Congress without
revision.

CRS-20
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
TITLE VIII — TRANSPORTATION AND INFRASTRUCTURE
Subtitle A — Department of Transportation
CRS Experts: Linda Luther (lluther@crs.loc.gov; 7-6852); Brent Yacobucci (byacobucci@crs.loc.gov; 7-9662)
Title VIII — Establishes a Center for
No comparable provision.
Title XI — Establishes an Office of
House-passed H.R. 6 provisions are
Climate Change and Environment
Climate Change and Environment
similar to H.R. 3221 except that, in
within the Department of
within DOT.
addition to EPA, the Office is
Transportation that will, in
directed to consult with the U.S.
coordination with EPA, study major
Global Change Research Program in
transportation projects to identify
conducting its study into the impact
low-cost solutions to reduce
of U.S. transportation systems on
congestion and transportation-related
climate change. Also, the specific
energy use.
reference to identifying and
establishing a clearinghouse of “low-
cost” solutions is eliminated in favor
of simply “solutions.”
Architect of the Capitol — Capitol Power Plant
CRS Experts: Fred Sissine (fsissine@crs.loc.gov; 7-7039); Amy Abel (aabel@crs.loc.gov; 7-7239)
Title VIII, Subtitle F, Part 3 directs
Title III, Sec. 305 (carbon
Title V contains a variety of
House-passed H.R. 6 contains more
the Architect of the Capitol (AOC) to
sequestration) requires the Architect
provisions to study options to
of H.R. 3221’s provisions on
operate the Capitol Power Plant in an
of the Capitol to complete a
increase the energy efficiency and
efficiency and renewable energy in
energy efficient manner, include
feasibility study and to establish a
use of renewable energy in, and to
the Capitol Complex, and contains
energy efficiency measures in the
competitive grant program to
reduce greenhouse gas emissions
the Senate-passed provisions for
Capitol Complex Master Plan, and
demonstrate the capture and storage
from, the Capitol Complex. Within 6
studying carbon capture and storage
encourage the use of E85 fuel and
or use of carbon dioxide emitted
months of enactment, the Architect
or use of carbon dioxide.
solar photovoltaic equipment. In Sec.
from the Capitol power plant as a
of the Capitol shall submit a report
8654, for the purpose of reducing
result of burning coal.
on measures taken and incorporated
carbon dioxide emissions, the AOC is
into the Capitol plan. Architect of the
directed to install technologies to
Capitol is required to conduct a
capture and store or use carbon
feasibility study evaluating methods
dioxide from coal combustion in the
to capture, store, and use carbon
Capitol power plant, and to operate
dioxide emitted from the Capitol
the steam boilers and chiller plant to
Power Plant. The Architect may
maximized energy efficiency and
conduct a demonstration project if
minimize carbon dioxide emissions
the study shows that carbon capture
and operating costs.
and storage or use is technologically
feasible and economically justified.
Authorizes $3 million for the study.

CRS-21
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Water Resources and Emergency Management Preparedness
CRS Experts: Nicole Carter (ncarter@crs.loc.gov; 7-0854); Betsy Cody (bcody@crs.loc.gov; 7-7229)
Subtitle G-Part 1 establishes a
No comparable provision.
Omitted.
national policy for water resources
projects that includes consideration
of climate-change related weather
events among other priorities. It
creates a 21st Century Water
Commission to evaluate and report
on water resources issues, including
the effects of climate change, and to
make policy recommendations. It
would direct the EPA Administrator
to enter into an agreement with the
National Academy of Sciences to
study the impacts of climate change
on watersheds, water resources, and
water quality and to make policy
recommendations. It would direct the
Secretary of the Army to ensure that
Army Corps of Engineers’ water
resources studies and projects
account for the effect of climate
change on its projects.

CRS-22
H.R. 3221
H.R. 6
H.R. 6 (Passed House 12/6/2007;
Comments
(Passed House 8/4/2007)
(Passed Senate 6/21/2007)
Senate 12/14/2007)
Part 2 — Emergency Management
CRS Experts: Nicole Carter (ncarter@crs.loc.gov; 7-0854)
Part 2 directs the Administrator of
No comparable provision.
Omitted.
the Federal Emergency Management
Agency to study the increased
demand for the agency’s programs
and services resulting from the
increased number and intensity of
natural disasters affected by climate
change, and to report the results
including policy recommendations.
TITLE XIV — OTHER PROVISIONS
Carbon audit of the tax code.
CRS Experts: Jane Leggett (jaleggett@crs.loc.gov; 7-9525); Larry Parker (lparker@crs.loc.gov; 7-7238)
Title XIV, Subtitle A, Sec. 14001
No comparable provision.
Sec. 1512 is identical to H.R. 3221
requires the Secretary of the Treasury
Title XIV, Subtitle A., Sec. 14001.
to contract with the National
Academy of Sciences to produce a
comprehensive review of the Internal
Revenue Code of 1986, to identify
the types of tax provisions that have
the largest effects on carbon and
other greenhouse gas emissions, and
to estimate the magnitude of those
effects. A report is due to Congress
within two years after enactment.
Authorizes $1.5 million for FY2008
and FY2009.