Omnibus Energy Legislation: H.R. 4 Side-by-Side Comparison

CRS Report for Congress
Omnibus Energy Legislation
in the 107 Congress:
Side-by-side Comparisons
Updated June 7, 2002
Mark Holt and Carol Glover, Coordinators
Resources, Science, and Industry Division

Congressional Research Service ˜ The Library of Congress

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

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

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

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

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

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

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

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

1 The most recent estimates of revenue losses are in: U.S. Congress. Joint Committee on
Taxation. Comparison of Division C of H.R.4, The “Energy Tax Policy Act of 2001,” as
Passed by the House of Representatives and Division H of H.R. 4, The “Energy Tax
Incentives Act of 2002,” as Amended by the Senate. Prepared by the staff of the Joint
Committee on Taxation. May 23, 2002. JCX-43-02.

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

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

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

Table 1. Major Provisions of House and Senate Energy Bills
Provision Senate House
Electricity restructuringChanges regulatory No provision.
requirements to
emphasize market rates.
Arctic National WildlifeNo provision.Opens ANWR to oil and
Refuge (ANWR)gas leasing.
Corporate Average FuelRequires new CAFERequires a reduction in
Economy (CAFE)standards, except forfuel consumption by
pickup light trucks.
Energy taxesProvides $15.2 billion inProvides $35.4 billion in
energy tax incentivesenergy tax incentives
over a ten-year period.over a ten-year period,
more than half for fossil
fuel supply.
Global climate changeEstablishes federalNo specific provisions.
offices to focus on
global climate change,
authorizes R&D.
Appliance efficiencyRequires new standardsSets standard for
standardsfor central airappliance standby
conditioners, heatpower.
pumps, and appliance
standby power.
Nuclear accidentExtends Price-AndersonNo provisions. (Separate
liability (Price-Andersoncoverage for DOEPrice-Anderson
Act)facilities.extension, H.R. 2983,
passed by House.)
Alaska natural gasProvides loan and priceNo loan or price
pipelineguarantees for Alaskaguarantees, but forbids
natural gas pipeline andBeaufort Sea route.
forbids proposed
Beaufort Sea route.
Iraqi oil cutoffForbids direct or indirectNo provisions.

importation of Iraqi oil
until certain conditions
are met.

Renewable energyRequires motor vehicleNo provisions.
content in motor vehiclefuel sold in the United
fuelStates to contain a
minimum volume of
ethanol or other
renewable fuel.
Renewable PortfolioRequires electric utilitiesNo provisions.
Standardto provide minimum
percentages of power
from renewable sources.
Energy ProgramAuthorizes $53.8 billionAuthorizes $34.9 billion
Authorizations,(see table 2).(see table 3).
Organization of Report
The remainder of this report provides a side-by-side comparison of the
provisions of H.R. 4 as passed by the House and Senate. The non-tax sections are
organized in the numerical order of the Senate-passed version, followed by a
numerical index of the non-tax sections in the House-passed version. Tax provisions
are organized by topic, followed by a numerical index of the tax sections in both
versions of H.R. 4.
Funding authorizations for the two bills are shown in separate tables for the
House and Senate versions, which are cross referenced to each other. Further analysis
and background are available in the CRS products cited at the end of the report.
The following analysts in the CRS Resources, Science, and Industry Division
contributed to this report:
!Amy Abel, electric utilities;
!Robert Bamberger, energy security;
!Carl Behrens, hydropower;
!Carol Glover, Native American energy, general authorizations;
!Mark Holt, nuclear energy;
!Marc Humphries, federal energy leasing, coal;
!Larry Kumins, oil and gas;
!Dan Morgan, science programs;
!Larry Parker, climate change;
!Paul Rothberg, pipeline safety;
!Fred Sissine, conservation and renewable energy;
!Steve Stitt, public power;
!Brent Yacobucci, alternative fuels, climate change.

Short Title2
ProvisionCurrent LawSenateHouseComments
Short titles and table ofNo provision.Sec. 1. This Act may be citedSec. 100. This Act may be
contentsas the “Energy Policy Act ofcited as the “Securing
2002.” Sec. 2. Table ofAmerica’s Future Energy Act
Contents.of 2001,” or the “SAFE Act
of 2001” (section includes
Table of Contents). Sec. 100.
Division A may be cited as
the “Energy Advancement
and Conservation Act of
2001.” Sec. 6001. Division F
may be cited as the “Energy
Security Act.”
s.orRegional Coordination
://wikiProvisionCurrent LawSenateHouseComments
httpPolicy on regionalNo current law.Sec.101. The policy of theNo similar provision.

coordinationfederal government is to
encourage states to
coordinate, on a regional
basis, policies to maximize
the reliability of energy
services, including electric
transmission and generation,
gas transportation, storage,
and distribution, and fuel
c o nse r va t i o n.
2 Provisions are organized by Senate section numbers. To find a specific House section by its number, see the index at the end of
these tables.

Federal support forNo current law.Sec. 102. The Department ofNo provision.
regional coordinationEnergy is directed to provide
technical assistance to states
and regional organizations to
assist with activities defined
in Sec. 101.
Amendments to the Federal Power Act
ProvisionCurrent LawSenateHouseComments
iki/CRS-RL31427Definitions The Federal Power ActSec. 201. The Federal PowerNo provision.

g/wdefines an electric utility asAct is amended to add federal
s.orany person or State agencypower marketing agencies to
leak(including any municipality)the definition of an electric
which sells electric energy;utility. A definition of a
://wikisuch term includes thetransmitting utility is added to
httpTennessee Valley Authority,the Federal Power Act. A
but does not include anytransmitting utility includes
Federal power marketingstate and municipally owned
agency” (16 U.S.C. 796).or operated transmission
facilities involved in interstate
commerce or transmission of
electricity at wholesale.

ProvisionCurrent LawSenateHouseComments
Electric utility mergersUnder Section 203(a) of theSec. 202. The Federal PowerNo provision.This provision significantly
Federal Power Act, FERCAct is amended to give FERCincreases the value of the
review for transfer of assetsreview authority for transferasset transfer that would
applies for transactionsof assets valued in excess oftrigger FERC review. The
valued at $50,000 or more$10 million. FERC must givesection has prompted
(16 U.S.C. 824b).state public utilityquestions about the potential
commissions and governorsfor market power abuse
reasonable notice in writing. because of the increase in
FERC must establish rules toasset value before FERC
comply with this section.merger review authority is
triggered. However, once it is
triggered, FERC is given
additional jurisdiction to
iki/CRS-RL31427protect consumer interests.
g/wMarket-based ratesSection 205 of the FederalSec. 203. FERC may approveNo provision.Provision could limit FERC’s
s.orPower Act requires just andmarket-based rates when theoptions to respond to rates
leakreasonable rates to be chargedseller and its markets meetfound to be unjust,
://wikifor transmission or sale ofelectric energy (16 U.S.C.certain criteria. When theCommission determines theunreasonable, undulydiscriminatory or preferential
http824d).market-based rate is unjust,rates.
unreasonable, unduly
discriminatory or preferential,
FERC must determine a just
and reasonable rate.
Refund effective dateRefunds for rates that FERCSec. 204. Section 206(b) ofNo provision.Currently, refunds begin a
finds to be unjust,the Federal Power Act isminimum of 60 days after the
unreasonable, undulyamended to allow thefiling of the complaint. This
discriminatory or preferentialeffective date for refunds tosection would allow refunds
begin a minimum of 60 daysbegin at the time of the filingto be retroactive to the date
after a complaint is filed (16of a complaint with FERC butcomplaint is filed with FERC.

U.S.C. 824e(b)).not later than 5 months after
filing of a complaint.

ProvisionCurrent LawSenateHouseComments
Open accessThe Federal Power ActSec. 205. FERC is authorized,No provision.Expands FERCs
transmission by certain(Section 201(f)) does notby rule or order, to requiretransmission authority in
utilitiesapply to federal Powerunregulated transmittingordering open access to
Marketing Administrations,utilities (Power Marketinginclude Power Marketing
state entities or rural electricAdministrations, state entities,Administrations, state entities
cooperatives (16 U.S.C. 824).and rural electricand rural electric
cooperatives) to charge ratescooperatives.
comparable to what they
charge themselves, and also
require that the terms and
conditions of the sales are
comparable to those required
of other utilities. Exemptions
iki/CRS-RL31427are established for utilitiesselling less than 4 million
g/wmegawatt-hours of electricity
s.orper year and for utilities that
leakown or operate transmission
://wikifacilities that are notnecessary to facilitate a
httpnationwide interconnected
transmission system.
Electric reliabilityNo current law.Sec. 206. FERC-approvedNo provision.Would give an electric
standardselectric reliabilityreliability organization
organizations will develop(currently the North
and enforce reliabilityAmerican Electric Reliability
standards for the bulk-powerCouncil (NERC)) the primary
system. Standards areauthority to develop
enforceable by the electricreliability standards.

reliability organization and
FERC. The provision does
not apply to Alaska or
Hawa ii.

ProvisionCurrent LawSenateHouseComments
Market transparencyNo current law.Sec. 207. Within 180 daysNo provision.
rulesafter enactment, FERC is
required to issue rules to
establish an electronic system
that provides information
about the availability and
price of wholesale electric
energy and transmission
services. Commercial or
financial information that
FERC determines to be
privileged, confidential, or
otherwise sensitive is exempt
iki/CRS-RL31427from disclosure.
g/wAccess to transmissionNo specific law.Sec. 208. FERC must requireNo provision.Transmitting utilities would
s.orby intermittenttransmitting utilities tobe able to charge higher rates
leakgeneratorsprovide service to solar andto solar and wind generators
://wikiwind generators at rates thatdo not unduly prejudice orif the intermittent nature oftheir electricity generation is
httpdisadvantage the generatorslikely to have an adverse
for scheduling deviations. impact on the reliability of the
FERC may exempt atransmission system.

transmitting utility from the
requirements of this provision
if the solar and wind
generators are likely to have
an adverse impact on
r e liab ility.

ProvisionCurrent LawSenateHouseComments
EnforcementElectric utilities are subject toSec. 209. The exemptionsNo provision.
the criminal penalty sectionfrom the criminal penalty
of the Federal Power Act (16section of the Federal Power
U.S.C. 825o(c)).Act (16 U.S.C. 825o(c)) for
certain activities including
wheeling and sales by
Exempt Wholesale
Generators are repealed. The
civil penalty section of the
Federal Power Act (16 U.S.C.
825o-l) is extended to include
sections of this Act.
g/wAmendments to the Public Utility Holding Company Act
://wikiProvisionCurrent LawSenateHouseComments
httpShort titleThe Public Utility HoldingSec. 221. This subtitle may beNo provision.

Company Act of 1935 (15cited as the “Public Utility
U.S.C. 79 et seq).Holding Company Act of

ProvisionCurrent LawSenateHouseComments
Definitions15 U.S.C. 79bSec. 222. The following termsNo provision.The definitions of the terms
are defined: affiliate;affiliate, electric utility
associate company;company, gas utility
Commission; company;company, holding company,
electric utility company; gasholding company system,
utility company; holdingsubsidiary company, and
company; holding companyvoting security are changed
system; jurisdictional rates;from current law. The terms
natural gas company; person;jurisdictional rates, natural
public utility; public utilitygas company, and public
company; state commission;utility are not included in the
subsidiary company, andPublic Utility Holding
voting security.Company Act of 1935.


ProvisionCurrent LawSenateHouseComments
Repeal of the PublicIn general, the Public UtilitySec. 223. PUHCA is repealed.No provision.Currently under PUHCA, a
Utility HoldingHolding Company Act ofholding company can acquire
Company Act of 19351935 regulates the structuresecurities or utility assets only
(PUHCA)of holding companies byif the SEC finds that such a
prohibiting all holdingpurchase will improve the
companies that are more thaneconomic efficiency and
twice removed from theirservice of an integrated public
operating subsidiaries,utility system. It has been
federally regulates holdingargued that reform to allow
companies of investor-owneddiversification would improve
utilities, and provides forthe risk profile of electric
Securities and Exchangeutilities in much the same
Commission (SEC) regulationway as in other businesses:
iki/CRS-RL31427of mergers and diversificationproposals. RegisteredThe risk of any oneinvestment is diluted by the
g/wholding companies andrisk associated with all
s.orsubsidiaries are required toinvestments. However,
leakhave SEC approval prior toconcerns have been expressed
://wikiissuing securities; all loansand intercompany financialthat PUHCA repeal could exacerbate market power
httptransactions are regulated byabuses in an industry where
the SEC; and a holdingvigorous competition may not
company can be exempt fromyet exist. State regulators
PUHCA if its businesshave expressed concerns that
operations and those of itsincreased diversification
subsidiaries occur within 1could lead to such abuses as
state or within contiguouscross-subsidization: a
states (15 U.S.C. 79 et seq.).regulated company
subsidizing an unregulated

ProvisionCurrent LawSenateHouseComments
Federal access to booksRegistered holding companiesSec. 224. Federal access isNo provision.
and recordsand subsidiary companies areprovided to the books and
required to preserve accounts,records of holding companies
cost-accounting procedures,and their affiliates. Federal
correspondence, memoranda,officials must maintain the
papers, and books that FERCconfidentiality of such books
deems necessary orand records.
appropriate in the public
interest or for protection of
investors and consumers (15
U.S.C. 79o).
State access to booksUnder the Federal Power Act,Sec. 225. A jurisdictionalNo provision.
iki/CRS-RL31427and recordsstate commissions mayexamine the books, accounts,state commission may make awritten request to a holding
g/wmemoranda, contracts, andcompany or any associate
s.orrecords of a jurisdictionalcompany for access to
leakelectric utility company, anspecific books and records,
://wikiexempt wholesale generatorthat sells to such electricwhich must be keptconfidential. Response to
httputility, and any electric utilitysuch requests is mandatory.
company or holding companyCompliance with this section
that is an associate companyis enforceable in U.S. District
or affiliate of an exemptCourt.
wholesale generator (16
U.S.C. 824).
Exemption authorityNo current law.Sec. 226. FERC is directed toNo provision.

promulgate rules to exempt
qualifying facilities, exempt
wholesale generators, and
foreign utility companies
from the requirements of
Section 224.

ProvisionCurrent LawSenateHouseComments
Affiliate transactionsThe Federal Power ActSec. 227. FERC retains theNo provision.
requires that jurisdictionalauthority to prevent cross-
rates are just and reasonablesubsidization and to assure
and prohibits cross-that jurisdictional rates are
subsidization (16 U.S.C. 791ajust and reasonable.
et seq.).
ApplicabilityNo specific provision.Sec. 228. Except asNo provision.
specifically noted, this
subtitle does not apply to the
United States government, a
state or any political
subdivision of a state, or a
iki/CRS-RL31427foreign governmentalauthority operating outside
g/wthe United States.
leakEffect on otherNo specific provision.Sec. 229. FERC or a stateNo provision.
Regulationscommission is not precluded
://wikifrom exercising its
httpjurisdiction under otherwise
applicable laws to protect
utility customers.
Enforcement16 U.S.C. 825e-825pSec. 230. FERC has authorityNo provision.

to enforce this provision
under sections 306-317 of the
Federal Power Act.

ProvisionCurrent LawSenateHouseComments
Savings provisionsNot applicable.Sec. 231. Persons mayNo provision.
continue to engage in legal
activities in which they have
been engaged or are
authorized to engage in on the
effective date of the subtitle.
The subtitle does not limit the
authority of the Federal
Energy Regulatory
Commission under the
Federal Power Act or the
Natural Gas Act.
iki/CRS-RL31427ImplementationNot applicable.Sec. 232 Not later than 18months after enactment,No provision.
g/wFERC will promulgate
s.orregulations necessary to
leakimplement this subtitle and
://wikisubmit to Congressrecommendations for
httptechnical or conforming
amendments to federal law
that might be necessary to
carry out this subtitle.
Transfer of resourcesThe Securities and ExchangeSec. 233. The Securities andNo provision.No time frame is provided.

Commission maintains booksExchange Commission will
and records and regulatestransfer all applicable books
security transactions (15and records to FERC.
U.S.C. 79 e a t seq.).

ProvisionCurrent LawSenateHouseComments
Interagency review ofNo current law.Sec. 234. An interagency taskNo provision.
competition in theforce is created to perform a
wholesale and retailstudy and analysis of electric
markets for electriccompetition within U.S.
energywholesale and retail markets.
The task force will submit a
report not later than 1 year
after the effective date of this
GAO study onNo current law.Sec. 235. The GeneralNo provision.
implementationAccounting Office is directed
to study the effectiveness of
iki/CRS-RL31427the federal government andthe states in: 1) preventing
g/wanti-competitive practices;
s.orand 2) promoting competition
leakand efficient energy markets
://wikithat benefit consumers. Thisreport must be submitted to
httpCongress no later than 24
months after the effective
date of this Act.
Effective dateNo applicable law.Sec. 236. Eighteen monthsNo provision.
after enactment, this subtitle
will take effect.
Authorization ofNo applicable law.Sec. 237. Necessary funds toNo provision.

appropriationscarry out this subtitle are
authorized to be appropriated.

ProvisionCurrent LawSenateHouseComments
Conforming16 U.S.C. 791a et seq.Sec. 238. The Federal PowerNo provision.
amendments to theAct is amended to reflect the
Federal Power Actchanges to the Public Utility
Holding Company Act of
Amendments to the Public Utility Regulatory Policies Act of 1978
ProvisionCurrent LawSenateHouseComments
Real-time pricingNo current law.Sec. 241. States must considerNo provision.Installation of real-time
iki/CRS-RL31427standarda standard for real-timepricing of electricity for retailmetering and communicationstechnology would be
g/wcustomers. Real-time pricingnecessary to fully implement
s.oron the retail level wouldretail real-time and time-of-
leakreflect fluctuations ofuse pricing.

wholesale rates. Also
://wikicontains provision on time-
httpof-use metering. In states
allowing retail competition,
distribution company must
provide the same time-of-use
metering and communication
service to all of its retail

ProvisionCurrent LawSenateHouseComments
Adoption of additionalNo current law.Sec. 242. States are requiredNo provision.
standardsto consider implementation of
technical and pricing
standards for distributed
generation interconnection to
the local distribution system,
a standard for each electric
utility to develop a plan to
develop a diverse fuel mix
and technology mix for
generating electricity, and a
standard to increase the
efficiency of fossil fuel
iki/CRS-RL31427 ge ne r a t o r s .
g/wTechnical assistanceNo current law.Sec. 243. The Secretary ofNo provision.

s.orEnergy is authorized to
leakprovide technical assistance
://wikito the states to help developthe standards under Section
http 242.

ProvisionCurrent LawSenateHouseComments
Cogeneration andElectric utilities are requiredSec. 244. Mandatory purchaseNo provision.
small powerto purchase electricityrequirements under §210 of
production purchasegenerated by qualifyingthe Public Utility Regulatory
and sale requirementsfacilities at the utilities’Policies Act of 1978
avoided cost (16 U.S.C.(PURPA) will not apply to
824a-3).new contracts after the date of
enactment if FERC finds that
a competitive electric market
exists. FERC may enforce
recovery ofstranded costs
incurred by utilities because
of PURPA-mandated
cogeneration and small power
iki/CRS-RL31427purchases. Ownershiplimitations under PURPA are
g/w repealed.
leakNet metering forNo current law. Sec. 245. All utilities areNo provision.Provision would maintain
://wikirenewable energy andfuel cellssubject to net meteringrequirements. Residentialcurrent state authority todetermine whether to
httpsystem size limits are 500implement this sections net
kilowatts. State public utilitymetering standard. Currently,
commissions have authority34 states require utilities to
to determine whetherprovide net metering to some
mandatory net metering willor all classes of customers.

be implemented within their

Consumer Protections
ProvisionCurrent LawSenateH.R. 4Comments
Information disclosureNo provision.Sec. 251. The Federal TradeNo provision.
Commission must issue rules
requiring electric utilities to
provide electric consumers
information on the cost and
type of service being offered.
Consumer privacyNo current law. Sec. 252. The Federal TradeNo provision.
Commission is directed to
issue rules prohibiting an
electric utility from sharing
iki/CRS-RL31427its customers individual
g/winformation without prior
s.orwritten approval by a
leak c o nsume r .
://wikiOffice of ConsumerNo current law.Sec. 253. An Office ofNo provision.

httpAdvocacyConsumer Advocacy isestablished within the
Department of Justice. The
Office may represent the
interest of energy customers
on matters concerning rates or
service at FERC hearings, at
U.S. court proceedings, and
hearings and proceedings of
other federal regulatory
agencies and commissions.

ProvisionCurrent LawSenateH.R. 4Comments
Unfair trade practicesNo current law.Sec. 254. The Federal TradeNo provision.Slamming occurs when an
Commission is required toelectric utility switches a
issue rules prohibitingcustomer’s electric provider
slamming and cramming. without the consumers
knowledge. Cramming occurs
when an electric utility adds
additional services and
charges to a customer’s
account without the
permission of the customer.
Applicable proceduresAdministrative Procedure ActSec. 255. The Federal TradeNo provision.
(5 U.S.C. 533).Commission will adhere to
iki/CRS-RL31427the notice and commentrulemaking procedures under
g/wthe Administrative Procedure
s.orAct (5 U.S.C. Sec. 533) for
leakrules issued under this
httpFederal TradeFederal Trade CommissionSec. 256. Violations of rulesNo provision.
CommissionAct (15 U.S.C. 57a).under this subtitle will be
enforcementtreated as violations of the
Federal Trade Commission
Act (15 U.S.C. Sec. 57a).
State authorityNo applicable law.Sec. 257. States are givenNo provision.Gives states the right to
authority to prescribe andcodify and enforce laws,
enforce laws, rules, orrules, and procedures that
procedures regarding themay be in direct conflict with
practices of this subtitle.the Consumer Protection
sub title.

ProvisionCurrent LawSenateH.R. 4Comments
Application of subtitleNo applicable law.Sec. 258. This subtitle appliesNo provision.
only to electric utilities whose
retail sales exceed 500
million kilowatt-hours per
calendar year.
Definitions16 U.S.C. 2602Sec. 259. Defines aggregateNo provision.
consumer information and
consumer information.
Electric consumer, electric
utility, and state regulatory
authority have the same
meaning as such terms under
iki/CRS-RL31427 PURPA.
s.orRenewable Energy and Rural Construction Grants
://wikiProvisionCurrent LawSenateHouseComments
httpRenewable energyEPAct Sec. 1212 provides aSec. 261. Eligibility isSec. 602. QualifyingThe Senate bill extends the
production incentive1.5 cent/kwh incentive forextended to certain publicresources are expanded toeligibility to a broader range
power produced from windutilities. Qualifyinginclude landfill gas. of additonal sources.

and biomass by state andresources are expanded toAuthorizessuch sums,” and
local governments and non-include landfill gas,there is no funding limit for
profit electrical cooperatives. incremental hydro, and oceanany resource.
Funded by appropriations, itenergy. Funding for hydro
was created to parallel themay not exceed 30% of the
renewable energy productiontotal.
tax credit for businesses
(Title XIX).

ProvisionCurrent LawSenateHouseComments
Assessment ofNo existing requirement.Sec. 262. DOE is required toSec. 601. DOE is directed toThe provisions are nearly
renewable energyreport annually on resourcepublish an annual report onidentical except the Senate
resources potential, including solar,resource potential.version includes ocean energy,
wind, biomass, ocean,while the House version does
geothermal, and hydro.not.
Federal purchaseNo existing requirement.Sec. 263. Federal agencies areNo provision.Requires that a certain
requirementrequired to purchase powerpercentage of the total
produced from renewables,electricity purchased by the
starting at 3% in FY2003, andfederal government be
rising to 7.5% in FY2010.generated from renewable
energy sources.
Energy Sun labelingNo existing program.No provision.Sec. 141A. A government-The features of this new
iki/CRS-RL31427programindustry partnership isprogram would parallel the
g/westablished to create anfeatures of the existing Energy
s.or“Energy Sun” labelingStar program for energy-
leakprogram that promotesefficient products (see Sec.
renewable and alternative926 of the Senate version and
://wikienergy products.Sec. 141 of the House
http ve r s i o n) .

ProvisionCurrent LawSenateHouseComments
Renewable portfolioNo existing requirement.Sec. 264. A renewable energyNo provision.Several states have enacted an
standard (RPS)production target is set for RPS. The Senate bill allows
retail suppliers, starting at 1%states to have a stronger
in 2005 and rising to 10% byrequirement than the federal
2019. Tradable credits arestandard. (Sec. 271 of the
created to help compliance. Senate bill redefines a 3
Eligible renewable resourcescents/kwh credit in Sec. 264 to
include solar, wind,be 1.5 cents/kwh.)

geothermal, biomass
(including municipal solid
waste), landfill gas, a
generation offset (on-site
renewables generation that
iki/CRS-RL31427reduces demand), andincremental hydropower.
g/wThe baseline estimate
s.orexcludes eligible renewables,
leakmunicipal solid waste, and
hydropower. Special credits
://wikiapply to incremental
httphydropower, generation
offsets, production on Native
American lands, and co-firing
with conventional resources.
A non-compliance penalty is

ProvisionCurrent LawSenateHouseComments
Renewable energy onNo existing requirement.Sec. 265. The Secretary of theSec. 6102. The Secretary ofThe Senate bill requires
federal landInterior is directed to create athe Interior is required toimplementation while the
pilot program to developinventory the potential toHouse bill requires a study.
wind and solar energy ondevelop solar, wind,
federal lands.geothermal, and coal
resources on federal lands.
Also, Sec. 6105 directs,
where practicable, the
Department of the Interior
and the Department of
Agriculture to use energy
efficient technologies in
vehicles and in public and
iki/CRS-RL31427administrative buildingsassociated with management
g/wof the National Park System
s.orand other public lands.
://wikiEnergy conservation inNo existing requirement.No provision.Sec. 6601. The Department of
httpthe Interiorthe Interior is required to
Departmentstudy and report on
opportunities to conserve
energy in its facilities and to
reduce conventional energy
use by substituting use of
alternative energy sources,
including the use of solar
power and fuel cells.

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


ProvisionCurrent LawSenateHouseComments
Geothermal energyGeothermal energyNo provision.Sec. 6301-6307. The
production on federal lands ismaximum royalty for existing
charged a royalty of 10%-geothermal leases is reduced
15% (Geothermal Steam Actfrom 15% to 8%. Further,
Sec. 5).the royalty is eliminated over
a five-year period for new
qualified leases and new
qualified expansions of 10%
or more. Low temperature
(less than 195 degrees
Fahrenheit) resources are
exempted from royalties, but
are instead required to pay a
iki/CRS-RL31427fee ranging from $100 to$1,000. Prohibits geothermal
g/wleasing on Forest Service
s.orlands if a regional forester
leakdetermines that the lands
cannot be adequately
://wikiprotected. The Interior
httpDepartment is directed to
determine whether pending
lease applications require
competitive bidding. All
public lands controlled by
military departments are
opened to leasing, subject to
Interior Department
regulations. Further, the
Department is required to
review and report on the
status of all leasing moratoria
and withdrawls from
mo r a t o r i a .

ProvisionCurrent LawSenateHouseComments
Reimbursement forNo provision.No provision.Sec. 6308. If adequate
costs of NEPAappropriated funds are not
analyses,available to conduct the
documentation, andnecessary reviews for a
studies for geothermalgeothermal lease under the
leasingNational Environmental
Policy Act (NEPA) in a
timely manner, the Secretary
of the Interior may reimburse
the lessee or applicant with
royalty credits for conducting
the NEPA work.
iki/CRS-RL31427Carpet waste asalternative energyNo existing requirement.No provision.Sec. 801. DOE is authorizedfunding to support a single
g/wsourcegrant to develop the
s.orfeasibility of burning post-
leakconsumer carpet in cement
kilns as an alternative energy
://wiki so ur ce.
General Provisions
ProvisionCurrent LawSenateHouseComments
Change RPS price capNo provision.Sec. 271. The 3 cent/kwhNo provision.

from 3 cents to 1.5price cap for tradable credits
centsin Sec. 264, which establishes
a renewable portfolio
standard (RPS), shall be
considered 1.5 cents/kwh.

ProvisionCurrent LawSenateHouseComments
Bonneville PowerCurrent BPA borrowingSec. 272. Bonneville PowerNo similar provisionIn the FY2003 Congressional
Administration Bondsauthority is $3.75 billion (16Administration borrowingBudget Request, BPA
U.S.C 838k, P.L. 98-50).authority is increased by $1.3requested an increase of $700
billion to providemillion in borrowing
transmission systemauthority.


Hydroelectric Relicensing
ProvisionCurrent LawSenateHouseComments
Alternative conditionsNo provision.Sec. 301 (a) and (b).Sec. 401 (a) and (b).Senate language substituting
and fishwaysAgencies imposing conditionsAgencies imposing conditionsfish resources” for “fishway
or prescribing fishwayor prescribing fishwayis aimed at protectingall fish
construction on hydropowerconstruction on hydropowerresources, not just those fish
license applicants underlicense applicants underspecies that are harvested
Section 4(e) and Section 18Section 4(e) and Section 18either commercially already
of the Federal Power Actof the Federal Power Actor with sport fishery,
must consider alternativemust consider alternativeaccording to Senator Smith.

measures proposed by themeasures proposed by the
applicant, and accept thoseapplicant, and accept those
alternative measures if thealternative measures if the
iki/CRS-RL31427alternative conditionalternative condition
g/wprovides for the adequateprovides no less protection
s.orprotection and utilization offor the reservation,” or if the
leakthe reservation,” or if thealternative fishwaywill be
alternative fishwaywill beno less effective than the
://wikino less protective of the fishfishway initially prescribed,”
httpresources than the fishwayand would either cost less or
initially prescribed,” andresult in more power
would either cost less orproduction.
result in more power
productio n.
No provision in this section
prohibits other interested
parties from proposing
alternative conditions.

ProvisionCurrent LawSenateHouseComments
Time of filingLicense applicants must fileSec. 301 (c). LicenseNo similar provision.Aimed at reducing the
application24 months prior to expirationapplicants must file 36number of annual interim
of old license.months prior to expiration forlicenses that “do not provide
licenses that expire in 2008certainty for consumers or the
and thereafter.utility and result in delays in
environmental mitigation and
enhancement,” according to
Senator Smith.
Data collectionNo similar provision.Sec. 402. The Federal Energy
proceduresRegulatory Commission must
collect data on the time and
costs involved in the hydro
iki/CRS-RL31427licensing process.
g/wStudy of increasingNo provision.No provision.Sec. 6401. Within 12 months
s.orpower production atof enactment, the Secretary of
leakexisting hydroelectricthe Interior will submit a
facilitiesstudy that describes existing
://wikicapacity at hydroelectric
httpfacilities under Interior
Department jurisdiction. In
addition, the study will
identify costs of producing
additional hydroelectric
power from each facility as
well as describe the impact
that increased hydroelectric
production would have on
irrigation, fish, wildlife,
Indian tribes, river health,
water quality, navigation,
recreation, fishing, and flood

ProvisionCurrent LawSenateHouseComments
Installation ofNo provision.No provision.Sec. 6402. The Bureau ofA powerformer would replace
powerformer at FolsomReclamation may borrowboth the generator and
Power Plant,from the United Statestransformer. This new
CaliforniaTreasury the cost of atechnology increases the
powerformer to be installed atoverall efficiency of plant
the Bureau of Reclamationsoperations and generates
Folsom Power Plant inelectricity at voltage levels
California. The Secretary ofnecessary for electricity to be
the Interior is also directed toplaced directly on the
seek contributions fromtransmission grid.
power users.
Study of increasedNo provision.No provision.Sec. 6403. The Secretary of
iki/CRS-RL31427operational efficienciesat hydroelectricthe Interior is to conduct astudy to determine whether
g/wprojectsoperational methods and
s.orwater scheduling techniques
leakcould be modified at
hydroelectric facilities with
://wikicapacity greater than 50
httpmegawatts to maximize
energy production. Within 18
months of enactment, the
Secretary will submit a report
on the Department’s findings.

ProvisionCurrent LawSenateHouseComments
Electricity savings atNo provision.No provision.Sec. 6404. With the consent
Bureau of Reclamationof irrigation customers, the
pumping facilitiesBureau of Reclamation will
shift its water pumping
operations to periods of off-
peak electricity demand. This
section does not affect any
existing obligations to
provide electric power, water,
or other benefits from Bureau
of Reclamation facilities.
iki/CRS-RL31427Indian Energy
leakProvisionCurrent LawSenateHouseComments
://wikiBuy Indian ActNo energy provision.No similar provisionSec. 6602. AmendsBuyIndian Act” to include energy
http products.
Comprehensive IndianNo provision.Sec. 401. A comprehensiveNo similar provision

energy programIndian energy program at the
DOE is established to assist
tribes in meeting their energy
needs and expanding
opportunities to develop
energy resources on tribal
lands. A grant program and a
loan guarantee program for
Indian energy development
are established. Federal
agencies may give a
preference to purchasing
Indian energy.

ProvisionCurrent LawSenateHouseComments
Office of Indian EnergyNo provision.Secs. 402-403. Within theNo similar provision
Policy and ProgramsDOE, an Office of Indian
Energy Policy and Programs
is created to administer the
programs from the previous
section, 401. Appropriations
are authorized.
Siting energy facilitiesNo provision.Sec. 404. Indian tribes mayNo similar provision
on tribal landsdirectly lease land and rights-
of-way for energy facilities,
without case-by-case review
by the Secretary of the
iki/CRS-RL31427Interior, if the tribe develops,and the Secretary approves,
g/wtribal regulations, and the
s.orterm of the lease does not
leakexceed 30 years.
://wikiIndian mineralNo provision.Sec. 405.The Secretary of theNo similar provision
httpdevelopment act reviewInterior is required to
undertake a review and make
recommendations regarding
tribal opportunities under the
Indian Mineral Development
Ac t .
Renewable energyNo provision.Sec. 406. The Secretary ofNo similar provision

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

ProvisionCurrent LawSenateHouseComments
Federal PowerNoneSec. 407. The BonnevilleNo similar provision
MarketingPower Administration and
AdministrationsWestern Area Power
Administration are authorized
to assist in developing
distribution systems that
provide power to Indian tribes
using the federal transmission
syste m.
Feasibility study ofNone.Sec. 408. DOE, inNo similar provision

combined wind andconjunction with the Army
hydropowerand the Interior Department,
iki/CRS-RL31427demonstration project is to study the feasibility ofobtaining a marketable, firm
g/welectricity source from wind
s.orenergy generated on tribal
leaklands connected with
hydropower generated by the
://wikiU.S. Army Corp of Engineers
httpat the Missouri River

Nuclear Power
Price-Anderson Act Reauthorization
ProvisionCurrent LawSenateHouseComments
Short TitleThe Price-Anderson Act,Sec. 501. This subtitleNo provision.The House-passed version of
dealing with liability for(sections 501-509) may beH.R. 4 does not contain Price-
nuclear accidents, generallycited as the “Price-AndersonAnderson provisions; they
consists of Sec. 170 of theAmendments Act of 2002.”were included in a separate
Atomic Energy Act of 1954bill (H.R. 2983) passed by the
(AEA, 42 U.S.C. 2210). KeyHouse on November 27,
terms are defined at 42 U.S.C.2001, described below: H.R.
2014.2983 Sec. 1. This Act may be
cited as the “Price-Anderson
iki/CRS-RL31427Reauthorization Act of 2001.”
g/wExtension of NRCNuclear RegulatorySecs. 502(a), 502(c). NRCNo provision.H.R. 2983 Secs. 2(a), 2(c).
s.orindemnificationCommission (NRC) authorityindemnification authority isNRC indemnification
leakauthority forto provide indemnificationextended through August 1,authority is extended through
commercial nuclearunder Price-Anderson to new2012.August 1, 2017. (Without the
://wikipower plants and otherreactors and other licenseesextension, existing reactors
httplicenseesexpires August 1, 2002 (AEAwould continue to be covered
Sec. 170 c.).by Price-Anderson, but new
reactors would not.) Sec. 14.
Before providing Price-
Anderson coverage to a new
reactor, NRC must consult
with the Office of Homeland
Security about whether the
reactor’s design and location
provide adequate public
protection in case of a
terrorist attack.

ProvisionCurrent LawSenateHouseComments
Extension of DOE DOE authority to indemnifySec. 502(b). DOE’sNo provision.H.R. 2983 Sec. 2(b). DOE
indemnificationnuclear contractors againstindemnification authority isindemnification authority is
authority for nuclearradiological damage claimsextended indefinitely.extended through August 1,
contractorsby members of the public2017. (Without an extension,
expires August 1, 2002 (AEAnew DOE contracts would not
Sec. 170 d.).include Price-Anderson
indemnification, although
existing contracts would still
be covered.)
Nuclear incidentThe liability limit for publicSec. 503. The DOE contractorNo provision.H.R. 2983, Sec. 4. Same as
liability limitsdamages resulting from aliability limit is raised to $10Senate bill. Sec. 3. Maximum
nuclear incident by a DOEbillion, subject to an inflationtotal contributions by each
iki/CRS-RL31427contractor is about $9.5billion. The contractoradjustment under Section506.commercial reactor followingan accident are raised to $94
g/wliability limit is based on themillion (to be adjusted for
s.orlimit for commercial nuclearinflation every five years after
leakreactors (AEA Sec. 170 d.). enactment). Maximum
The commercial reactorannual contributions per
://wikiliability limit is equal to thereactor are raised from $10
httpmaximum available liabilitymillion to $15 million, to be
insurance, plus maximumadjusted for inflation. Total
contributions of $63 millionavailable reactor incident
per reactor (adjusted forcompensation increases to
inflation since 1988), plus aabout $10 billion. The Senate
5% surcharge, currentlybill leaves the current reactor
totaling about $9.5 billion. incident compensation
Compensation contributionsformula unchanged.

are paid at a rate of no more
than $10 million per reactor
per year (AEA Sec. 170 b.).

ProvisionCurrent LawSenateHouseComments
Incidents outside theThe liability limit for nuclearSec. 504. The limit is raisedNo provision.H.R. 2983, Sec. 5. Same as
United States incidents outside the Unitedto $500 million.Senate bill. Sec. 10. The
States is $100 million (AEAfederal government may not
Sec. 170 d., e.).accept liability for nuclear
incidents in nations found to
support terrorism.
Reports on Price-No future reports on thisSec. 505. DOE and theNo provision.H.R. 2983, Sec. 6. Same
Anderson extension orsubject required.Nuclear Regulatoryreports as the Senate bill, but
modificationCommission (NRC) shallthe deadline is August 1,
submit reports to Congress by2013.
August 1, 2008, to
recommend continuation or
iki/CRS-RL31427modification of the Price-Anderson Act.
s.orInflation adjustmentNRC every five years mustSec. 506. In addition to theNo provision.H.R. 2983, Sec. 7. Similar to
leakfor liability limitsadjust for inflation, using theNRC inflation adjustment,Senate bill. (The House and
aggregate percentage changeDOE must make a similarSenate bills would eliminate
://wikiin the Consumer Price Index,adjustment of the $10 billionthe existing link between
httpthe maximum compensationnuclear contractor accidentcommercial reactor and DOE
contribution that each reactorliability limit every five years.contractor liability limits,
must make following arequiring a separate inflation
nuclear incident (AEA Sec.adjustment for DOE
170 t.). If the NRC inflationcontractors.)

adjustment raises the reactor
liability limit above the
existing DOE contractor
limit, the contractor limit is
raised to the same level (AEA
Sec. 170 d.).

ProvisionCurrent LawSenateHouseComments
Civil penalties for DOESpecific nonprofit DOESec. 507. The exemption forNo provision.H.R. 2983, Sec. 16. Similar
nuclear contractorscontractors who violatespecific nonprofit DOEto Senate bill. Sec. 13.
nuclear safety regulations arecontractors is replaced byIndemnified nuclear
exempt from civil penalties. provisions limiting nuclearcontractors at DOE non-
DOE may automatically remitsafety penalties on anyweapons sites must follow
nuclear safety fines paid bynonprofit contractor to theindustrial safety rules
any nonprofit educationalamount of the managementequivalent to those of the
institution (AEA Sec. 234A.).fee it has earned under a DOEOccupational Safety and
contract within any one-yearHealth Administration and
period. DOE authority topay civil penalties for
remit fines paid by nonprofitviolations. Sec. 15. If DOE
educational institutions ishas to pay compensation for accident caused by the
iki/CRS-RL31427intentional misconduct of afor-profit contractor, the
g/wAttorney General may file a
s.orlawsuit to recover such
leakcompensation from the
contractor, up to the amount
://wikiof profit earned on the
http contract.
Treatment of modularAll commercial nuclearSec. 508. Two or moreNo provision.H.R. 2983, Sec. 8. Same as
reactorsreactors with electricreactors at a single site, eachSenate bill. (This provision
generating capacity of 100with electric generatingwould allow a “modular”
megawatts or more arecapacity of 100-300nuclear plant made up of
subject to Price-Andersonsmegawatts and totaling noseveral small reactors to
maximum payments formore than 1,300 megawatts,purchase insurance coverage
accident damages andshall be treated as a singleas if the plant consisted of a
requirements for insurancereactor in assessing accidentsingle reactor. The entire
coverage (AEA Sec. 170 b.).compensation contributionsmodular plant also would
and insurance requirements.only be liable for the accident
compensation payments of a
single reactor.)

ProvisionCurrent LawSenateHouseComments
Effective dateNot applicable.Sec. 509. The increasedNo provision. H.R. 2983, Sec. 9. Same as
nuclear liability limits in thisSenate bill.
subsection shall apply only to
accidents that occur after the
date of enactment.
Miscellaneous Provisions
ProvisionCurrent LawSenateHouseComments
Government uraniumDOE may sell its uraniumSec. 511. With certainSec. 309. The federal
stockpile salesstockpiles under certainexceptions, DOE uraniumgovernment is prohibited
iki/CRS-RL31427conditions (42 U.S.C. 2297h-10).sales are restricted to 3million pounds per year fromfrom selling or transferringany uranium through March
g/w2003-2009, rising to 1023, 2009, except for
s.ormillion pounds per year afteremergencies and certain prior
leak2012.commitments. Sales of
://wikigovernment-owned uraniumafter that date are limited to
httpthree million pounds per year.
Thorium cleanupDOE is authorized toSec. 512. The thoriumNo provision. Senate language is nearly
reimbursementreimburse up to $140 millionreimbursement authorizationidentical to thorium
in government-relatedis raised to $365 million.reimbursement provisions in
cleanup costs to the owner ofH.R. 3343, passed by the
a thorium processing site (42House December 18, 2001.

U.S.C. 2296a).

ProvisionCurrent LawSenateHouseComments
Fast Flux Test FacilityNo comparable provision.Sec. 513. DOE is prohibitedNo provision.Sec. 2344(c) of the House bill
from restarting the Fast Fluxprohibits nuclear energy
Test Facility (FFTF), a testoperation and maintenance
reactor at Hanford,funds from being used for
Washington, if the proposedFFTF, although restart is not
missions can be conducted atspecifically mentioned. DOE
other facilities that areannounced December 19,
already operating.2001, that FFTF would be
permanently closed.
Nuclear Power 2010No specific provision.Sec. 514. DOE shall conductNo specific provision.DOE is currently conducting
Programa cost-shared program witha Nuclear Power 2010
industry toallow for theprogram within the Nuclear
iki/CRS-RL31427construction and startup ofnew nuclear plants in theEnergy Technologiesprogram.
g/wUnited States by 2010.”
leakSpent Nuclear FuelDOE shall conduct a researchSec. 515. A DOE Office ofSec. 2321. DOE’s Office ofSpent fuel recycling or
Researchprogram on alternative meansSpent Nuclear Fuel ResearchNuclear Energy, Science, andreprocessing involves the
://wikiand technologies for disposalis established to research,Technology shall conduct aextraction of plutonium and
httpof high-level radioactivedevelop, and demonstrateresearch and developmenturanium from spent nuclear
waste (42 U.S.C. 10202).technologies for treatment,program on advancedfuel for use in new fuel.
recycling, and disposal oftechnologies for theSupporters contend that it
spent nuclear fuel and high-reprocessing of spent nuclearcould extend domestic energy
level radioactive waste. Thefuel. The technologies shouldsupplies and reduce the
technologies should be basedbe resistant to nuclearhazard posed by nuclear
on reactors and acceleratorsweapons proliferation andwaste, while opponents are
and minimize nuclearsupport alternative spent fuelconcerned that the extracted
weapons proliferationdisposal strategies.plutonium could be used for
concerns. weapons. DOE currently
plans to use reprocessing
technology to treat spent fuel
from the closed Experimental
Breeder Reactor-II in Idaho.

ProvisionCurrent LawSenateHouseComments
ReactorNo provision.Sec. 516. DOE shallNo provision.
Decommissioning Pilotdecontaminate and
Programdecommission the sodium-
cooled test reactor in
northwest Arkansas.
Growth of Nuclear Energy
ProvisionCurrent LawSenateHouseComments
Commercial reactorFor a commercial nuclearSec. 521. A reactor’sSec. 301. The 40-year licenseBoth provisions would
iki/CRS-RL31427license periodreactor that receives acombined construction andoperating period under acombined license shall be noperiod for a combined licensewill not begin until NRCprovide the longest potentialoperating period for new
g/woperating license from theshorter than if separatedetermines that the completedreactors under a 40-year
s.orNuclear Regulatoryconstruction and operatingreactor is ready to startcombined license (which can
leakCommission (NRC), thelicenses had been renewed).

://wikiinitial 40-year license periodcould begin when NRC grants
httpa combined license for a
reactor, before construction
has started and years before
the start of operation (AEA
Section 103 c.).

NRC Regulatory Reform
ProvisionCurrent LawSenateHouseComments
Commercial reactorNRC must provide copies ofSec. 531. After receivingNo provision.
antitrust reviewscommercial reactor licensenotice from NRC, the
applications to the AttorneyAttorney General shall review
General, who must reviewcommercial license
them for antitrust problemsapplications for antitrust
within 180 days. If problemsproblems within 90 days.
are found, the AttorneyOther antitrust review
General may become a partyprocedures shall not apply to
to the licensing proceedingsnew commercial reactor
(42 U.S.C. 2135).license applications.
iki/CRS-RL31427Protection of reactorNo specific provision.Sec. 532. Funds set aside forNo provision.

g/wdecommissioning fundsdecontamination anddecommissioning of
s.orcommercial nuclear reactors
leakshall not be used to satisfy
://wikicreditors for unrelatedpurposes. Similar protection
httpis provided to insurance
payments for nuclear
incidents under the Price-
Anderson Act.

NRC Personnel Crisis
ProvisionCurrent LawSenateHouseComments
Elimination of pensionNo provision.Sec. 541. If NRC has aNo provision.
offset for critical NRCcritical need for the skills of a
personnelretired employee, NRC can
hire the retiree as a contractor
and exempt him or her from
the annuity reductions that
would otherwise apply.
NRC training programNo specific provision.Sec. 542. Funding isNo provision.
authorized for NRC to carry
out a training and fellowship
iki/CRS-RL31427program to develop critical
g/wnuclear safety skills.
s.orNRC cost recoveryFederal agencies must payNo provision.Sec. 302. NRC may impose
leakfrom other governmentfees to NRC for certainlicensing and other cost-based
://wikiagencieslicensed activities (AEA Sec.161 w.).fees on all NRC-licensedactivities conducted by other
httpfederal agencies.
Extension of limitationAn account in the TreasuryNo provision.Sec. 303. The depleted
on depleted uraniummust be preserved throughuranium treatment account
fundsFY2002 to pay for treatmentmust be preserved for that
of depleted uraniumpurpose through FY2005.

hexafluoride at former DOE
plants in Ohio and Kentucky
(P.L. 105-204).

ProvisionCurrent LawSenateHouseComments
Transcripts of NRCNo provision.No provision.Sec. 304. If a quorum of
meetingsNRC Commissioners meets to
discuss official business, a
transcript of non-confidential
discussions at the meeting
must be made available to the
Paducah enrichmentNo provision.No provision.Sec. 307. The Secretary of
plant decommissioningEnergy must submit a plan to
planCongress for decontaminating
and decommissioning surplus
facilities and DOE material
iki/CRS-RL31427storage areas at the Paducah,Kentucky, uranium
g/wenrichment plant.
leakFeasibility of locatingNo provision.No provision.Sec. 308. The Secretary of
commercial reactors atEnergy must determine the
://wikiDOE sitesfeasibility of building
httpcommercial nuclear power
plants at existing DOE sites.

Oil and Gas Production
ProvisionCurrent LawSenateHouseComments
Permanent authority toThe SPR requires periodicSec. 601. Authorization ofNo comparable provision.This provision would avoid
operate the Strategicreauthorization.the Strategic Petroleumperiods such as was
Petroleum ReserveReserve is made permanent,experienced in 2000, when
subject to appropriations.authorization expired at the
This eliminates the need forend of March and Congress
periodic reauthorization.was unable to reach
agreement on reauthorization
until November.
Federal oil and gasThe Mineral Leasing Act ofSec. 602. The Secretary of theSec. 6221-6225. The
management1920, as amended, providesInterior shall ensure timelySecretaries of Agriculture and
iki/CRS-RL31427the authority for onshoreaction on applications for oilthe Interior must conduct a
g/wfederal lands to be leased forand gas leases and drillingstudy ofimpediments” to oil
s.ora specified period of time forpermits on federal lands. and gas leasing on federal
leakoil and gas development.lands. The Secretary of the
Interior must eliminate
://wikiunwarranted denials and stays
httpof lease issuances.
Federal oil and gasCurrent acreage limitations,Secs. 603. Lease acreageNo provision.
acreage limitationsroyalty policies andlimitations are altered.
reclamation requirements for
oil and gas are spelled out in
the Mineral Leasing Act of
1920 (30 U.S.C. 181).
Orphaned wells onMineral Leasing Act of 1920.Sec. 604. The Secretary of theNo provision.

federal landInterior, in cooperation with
the Secretary of Agriculture,
shall establish a program that
ensures the remediation of
orphaned wells on federal
land .

ProvisionCurrent LawSenateHouseComments
Federal technicalMineral Leasing Act of 1920.Sec. 605. The Secretary ofNo provision.
assistance forEnergy shall establish a
abandoned oil and gastechnical assistance program
wellsto help states quantify and
mitigate risks from
abandoned wells.
Offshore oil and gasOuter Continental ShelfSec. 606. The MineralsSec. 6231. The Secretary of
suspensionsLands Act (43 U.S.C. 1334).Management Service (MMS)the Interior may allow
can suspend offshore oil andsuspension of operations
gas operations to reevaluateunder any OCS oil and gas
geological data if thelease to allow time for
suspension would preventreinterpretation of exploratory
iki/CRS-RL31427waste from unnecessary under salt sheets.
s.orOffshore oil and gasThe Deepwater RoyaltyNo provision.Sec. 6201-6204. The Royalty
leakroyaltiesRelief Act of 1996 (DWRRA)Relief Extension Act of 2001
established the depths atextends the original
://wikiwhich a specified amount ofDeepwater Royalty Relief Act
httpproduction is exempt fromof 1995 for two years.
royalties for leases held
between 1996-2000. New
rules modified the DWRRA
for leases held after
November 2000.
Coalbed methane studyCoalbed methane R&D isSec. 607. The Secretary of theNo provision.

carried out by the DOE andInterior and others shall study
funded through the Interiorthe effects of coalbed
and Related Agenciesmethane production on water
Appropriation Bill.resources.

ProvisionCurrent LawSenateHouseComments
Oil and gas productionMineral Leasing Act of 1920.Sec. 608. The Secretary ofNo provision.
royalty and tax policyEnergy and others must
evaluationevaluate the effect of oil and
gas royalty and tax policies
on oil and gas production.
Strategic PetroleumThe SPR was initiallySec. 609. The President mustNo comparable provision.
Reserve (SPR)authorized in 1975 (P.L. 94-fill the SPR to its current
163).capacityas soon as
practicable” by the “most
practicable and cost-effective
Hydraulic fracturingNo provision.Sec. 610. EPA is required toNo provision.
iki/CRS-RL31427conduct a study of the effects
g/wof hydraulic fracturing of
s.orhydrocarbon-bearing geologic
leakformations on underground
sources of drinking water and
://wikidetermine whether regulation
httpis necessary. If regulations
are deemed unnecessary,
states will be relieved from
further obligation to regulate
hydraulic fracturing.
Safe Drinking WaterNo provision.Secs. 611-612. Funding isNo provision.

grant and preservationauthorized for a grant to
of oil and gas resourceAlabama under the Safe
data Drinking Water Act, and the
U.S. Geological Survey may
preserve and provide public
access to oil and gas resource

ProvisionCurrent LawSenateHouseComments
Federal oil and gasRoyalty -in-kind authority isNo provisions.Secs. 6232-6235. When theThe Great Lakes issue
royalties-in-kind andprovided by the Outerfederal government sells anybecame one of state versus
other provisionsContinental Shelf Lands Actphysical quantities of oil andfederal control over oil and
of 1953, as amended (43gas received as royalty-in-gas development, particularly
U.S.C 1331, et. seq.).kind payments, it must sell itin Lake Michigan. In
for market value and mustFebruary 2002 the Michigan
A provision in the FY2002receive revenues greater thanlegislature approved a bill to
Energy and Wateror equal to those receivedban oil and gas drilling in the
Development bill (P.L.107-under a comparable cashGreat Lakes. Michigan
66) bans oil and gas drillingpayment royalty. States andGovernor Engler did not
in the Great Lakes. provinces around the Greatoppose the measure.
Lakes are encouraged to
prohibit or cease offshore oil
iki/CRS-RL31427and gas drilling in the GreatLakes.
s.orCoal leasing in theCoal is currently being leasedSec. 613. The Secretary of theNo provision.The Bureau of Land
leakPowder River Basinon federal lands under theInterior shall report toManagement can issue
Mineral Leasing Act of 1920Congress on plans to resolvedevelopment leases for two
://wiki(30 U.S.C.181).conflicts betweendifferent resources on the
httpdevelopment of coal andsame tract of land. The
coalbed methane in thepotential for conflict arises
Powder River Basin.from overlapping coal and
gas leases in the Powder
River Basin.

Natural Gas Pipelines
Alaska Natural Gas Pipeline
ProvisionCurrent LawSenateHouseComments
Short title andThe Natural Gas Act (NGA)Secs. 701 and 703. ThisNo provision.
purposesgives FERC authority tosubtitle may be called the
certificate interstate pipelines.Alaska Natural Gas Pipeline
The Alaska Natural GasAct of 2002.” Its purpose is
Transportation Actto expedite the completion of
(ANGTA), 15 U.S.C. 719,one or more pipelines to
creates a process where adeliver Alaskan natural gas to
project in the Alaska Naturalthe contiguous 48 states.
iki/CRS-RL31427Gas Transportation Systemmay be recommended and
g/w approved.
leakFindingsNo provision.Sec. 702. North Slope gasNo provision.FERC has issued a certificate
supply is declared to be in thefor the Alaska Gas Transport
://wikinational interest.System
Expedited certificationANGTA, NGA both addressSec. 704. FERC must issue aNo provision.

this matter.certificate for a proposed
Alaskan gas pipeline based on
Natural Gas Act criteria,
notwithstanding the Alaska
Natural Gas Transportation
Act. A certificate must be
issued within 60 days of a
final environmental impact

ProvisionCurrent LawSenateHouseComments
Prohibition on certainNo provision.Sec. 704(d). No federalSec. 701. Same. This prohibition would block
pipeline routeapproval may be granted forproposed natural gas pipeline
any natural gas pipelineroutes from the Alaska North
transiting submerged lands orSlope that could open the
the shoreline of the BeaufortU.S. market to Arctic
Sea, nor for any gas pipelineCanadian natural gas
crossing the U.S.-Canadianresources.
border north of 68 degrees
north latitude.
Environmental reviewsThe National EnvironmentalSec. 705. FERC is designatedSec. 6503(c). Parameters are
Policy Act (NEPA) calls foras the lead agency forset for NEPA reviews of oil
environmental review andenvironmental reviews of anand gas leases on the ANWR
iki/CRS-RL31427analysis.Alaska gas pipeline. FERCmust issue a draftCoastal Plain.
g/wenvironmental impact
s.orstatement (EIS) within 12
leakmonths after determining the
pipeline certificate
://wikiapplication is complete. The
httpfinal EIS is to be issued 6
months after the draft
Pipeline expansionNo provision.Sec. 706. FERC has authorityNo provision.

to order pipeline expansion,
contingent upon approved
tariffs and firm shipper

ProvisionCurrent LawSenateHouseComments
Federal coordinatorNo provision.Sec. 707. A new executive No provision.
branch office, the Federal
Coordinator for Alaska
Natural Gas Transport
Projects, is established to
coordinate the expeditious
discharge of all federal
agency activities and
compliance with this act.
Judicial reviewNo specific provision.Sec. 708. Legal challenge toSec. 6508. Issues relating to
agency actions under this billCoastal Plain referred to U.S.
are directed to the U.S. CourtCourt of Appeals, D.C.
iki/CRS-RL31427of Appeals for the D.C.Circuit.Circuit
s.orState jurisdiction overNo specific provision.Sec. 709. Intrastate gasNo provision.Treats sales of gas from this
leakin-state gas deliverydeliveries will not bepipeline as intrastate
regulated by FERC.transactions.
httpLoan guaranteeNo provision.Sec. 710. Loan guarantees ofup to $10 billion are providedNo provision.

for an Alaska gas transport
system certified by FERC.
Project sponsors are required
toput 20% down; other
terms and conditions are to be
worked out by the Secretary
of Energy.

ProvisionCurrent LawSenateHouseComments
Study of alternativeNo provision.Sec. 711. If no commercialNo provision.
means of constructionpipeline application is filed
within 18 months of
enactment, DOE is instructed
to conduct a study of having
the project undertaken by a
government corporation.
Clarification of AlaskaNo provision.Sec. 712. Nothing in this billNo provision.
Natural Gas Transportaffects ANGTA. DOE has
Act (ANGTA) andauthority to amend existing
authority to amendtransport plan to bring it up to
terms and conditions todate.
iki/CRS-RL31427meet current projectrequirements
s.orDefinitionsNo provision.Sec. 713. This section definesNo provision.

leakthe concept of Alaska natural
gas as applying to the North
://wikiSlope, including the
httpContinental Shelf. It also
defines the pipeline system as
that part within the United
States, and subject to FERC
j ur i sd ictio n.

ProvisionCurrent LawSenateHouseComments
Sense of the SenateNo provision.Sec. 714. It is the sense of theNo provision.
Senate that commercial-
ization of Alaskan gas is
economically important to
both the United States and
Canada. It is urged that North
American steel be used in
pipeline construction, and that
the project sponsors negotiate
a project labor agreement to
expedite construction.
Pipeline constructionNo provision.Sec. 715. The Secretary ofNo provision.

iki/CRS-RL31427training programLabor is to report to Congresswithin 6 months on the
g/wtraining requirements needed
s.orfor Alaska residents to
leakparticipate in pipeline
construction. The Secretary
://wikiis tasked with establishing
httpsuch program within 1 year of
the report.

Operating Pipelines
ProvisionCurrent LawSenateHouseComments
Historic PreservationNo provision.Sec. 721 The Chairman ofSec. 6104. The Secretary ofAmong the perceived
Act and pipelinethe Council on EnvironmentalEnergy, in coordination withbottlenecks in the approval of
environmental reviewQuality (CEQ), inFERC, must form a task forcenew gas pipeline projects that
coordination with theof the relevant agencies tothe Bush Administration
Chairman of FERC, is todevelop an interagencyseeks to streamline is the
form an interagency taskagreement to expedite theenvironmental review
force that will develop anapproval of pipeline projects.process.
interagency memorandum of
understanding to expediteSec. 702. Pipelines areAt issue regarding historic
pipeline projects. The taskexempted from the Nationalpreservation is whether
force is to consist of the leadRegister of Historic Placespipeline companies needing
iki/CRS-RL31427agency chairs, and the headsunder the National HistoricFERC approval to expand or
g/wof BLM, the Fish andPreservation Act (NHPA)renovate facilities should be
s.orWildlife Service, Corps ofunless they have beencompelled by FERC to fund
leakEngineers, Forest Service,abandoned or their ownersand perform historical
EPA, and the Advisoryconsent to such inclusion.documentation and
://wikiCouncil on HistoricPreservation.preservation.
Pipeline Safety
ProvisionCurrent LawSenate billHouse billComments
Short Title;Title 49 of the U.S. CodeSec. 741. This subtitleNo provision.Secs. 741-783 include the
Amendment of Title 49includes federal law outlining(sections 741-783) may bepreviously passed Senate
U.S.C.many of the legal authoritiescited as the “Pipeline Safetypipeline safety bill (S. 235)
for federal activities,Improvement Act of 2002.”(with minor changes) and
including regulation andseveral provisions pertaining
enforcement, that influenceto pipeline security and
the safety and security ofrelated issues.

pipeline infrastructure.

ProvisionCurrent LawSenate billHouse billComments
Pipeline SafetyPipeline safety provisions areSecs. 742- 765. To addressNo provisions.Selected pipeline safety
Improvement Act oflocated 49 U.S.C. 601.concerns regarding humanprovisions are described.

2002errors causing pipeline
releases, operators are
required to prepare a plan that
would be designed to enhance
the qualifications of pipeline
personnel and to reduce the
likelihood of accidents. The
plan is to provide for training
and periodic reexamination of
pipeline personnel. The
Secretary of Transportation is
iki/CRS-RL31427authorized to certify thatthose plans are sufficient to
g/wensure continuation of safety
s.oroperations (Sec. 763). To
leakenhance the safety of pipeline
operations, companies are
://wikirequired to implement
httpintegrity management plans
for interstate pipelines that
traverse environmentally
sensitive areas and high
density population areas.
Each operator's plan would
need to be based on risk
analysis and include periodic
assessment of the integrity of
the pipeline no less than every
five years unless certain
conditions are met (Sec. 764).

ProvisionCurrent LawSenate billHouse billComments
Pipeline safety49 U.S.C. 601Secs. 766- 778. To reduceNo provision.

education, statedamage to infrastructure
oversight, andcaused by third parties, each
authorizationsowner or operator of a
pipeline facility is required to
carry out a continuing
program to educate the public
regarding pipeline safety,
including providing
information on the use of
one-call notification systems
prior to excavation (Sec.
766). Operators must
iki/CRS-RL31427maintain liaison with variousstate or local entities and
g/wprovide information, upon
s.ortheir request, on the integrity
leakmanagement program
implemented at a facility and
://wikiother aspects of facility
httpoperations, including the
location of pipelines (Sec.
768). For FY2003 through
FY2005, the Office of
Pipeline Safety program is
authorized at specified levels
of funding, with amounts set
aside to carry out pipeline
integrity program and
research and development
activities (Sec. 772).

ProvisionCurrent LawSenate billHouse billComments
New England pipelineNo provision.Sec. 779. FERC, inNo provision.
transmission andconjunction with DOE, is to
storage studyconduct a study of the
pipeline transmission system
and storage facilities in New
England, and determine its
adequacy to meet current and
projected consumer and
power generation needs, as
well as seasonal demands.
The study should identify
potential transport bottlenecks
and deficiencies in the
iki/CRS-RL31427environmental review andpermitting process. A report
g/wto the Senate Energy and
s.orNatural Resources Committee
leakand relevant House
committee is required within
://wiki120 days of enactment.
Pipeline security-49 U.S.C. 601Secs. 780- 783. To enhanceNo provision.

sensitive informationpipeline security, if the
and criminal penaltiesDepartment of Transportation
obtains security-sensitive
information regarding
pipelines, such information
shall be released only with
adequate protection to
specified parties (Sec. 781),
and criminal penalties are
provided for damaging or
destroying pipeline facilities
(Sec. 783).

Fuels and Vehicles
CAFE Standards, Alternative Fuels, and Advanced Technology
ProvisionCurrent LawSenateHouseComments
Increased fuel economyThe Energy Policy andSec. 801. The Secretary ofSec. 201. The Secretary of Some argue that the savings
standards Conservation Act (P.L. 94-Transportation must issue notTransportation must establishcalled for in the House bill
163), enacted in 1975,later than 15 months afterfuel economy standardscould be achieved with an
established proceduresenactmentnew regulationsfor light-duty trucksincrease in light-truck CAFE
whereby the Nationalsetting forth increased fuelmanufactured in model yearsof 1-2 mpg. The Senate
Highway Traffic Safetyeconomy standards2004-2010 that will result in aprovision freezing the CAFE
Administration (NHTSA)reflectingmaximum feasiblegasoline consumption savingsstandard for “pickup trucks,
follows a rulemaking processfuel economy levelsof at least 5 billion gallons ofwhich are undefined, will
iki/CRS-RL31427to establish model year CAFEstandards for passengerconsistent with factors set outin the original CAFEgasoline from what thisportion of the fleet wouldnarrow the scope of theSenate language. Concurrent
g/wautomobiles and light-dutylegislation (P.L. 94-163). have consumed had thewith congressional
s.ortrucks. Fuel economy of(However, Sec. 811 freezesstandard for this segment ofconsideration of energy
leakpassenger automobiles is“pickup truck” CAFE at 20.7the vehicle fleet remained atlegislation, the
currently 27.5 mpg; light-mpg.) An environmental20.7 miles-per-gallon.Administration, on Feb. 7,
://wikiduty truck CAFE is 20.7 mpg.assessment is required of the2002, issued a request for
httpeffects of the new standards,comments on CAFE
and $2 million is authorizedstandards for passenger cars
to carry out this section. and light trucks for some or
all of model years 2005-2010,
taking into account the
National Academy of
Sciences (NAS) study on fuel
economy released in 2001,
and other issues.

ProvisionCurrent LawSenateHouseComments
Expedited proceduresNo current law.Sec. 802. In the event that theNo comparable provision.Sec. 802 does not specify a
for congressionalSecretary of Transportationspecific CAFE standard that
increase in fueldoes not comply with Sec.Congress may enact under
economy standards. 801 within 15 months ofexpedited procedures.
enactment, Congress may
establish CAFE standards
under expedited procedures.
Considerations to beCurrent law requiresSec. 803. In addition toNo comparable provision.The Senate legislation
taken into account inSecretary of Transportation toconsiderations in current law,considerably lengthens the
setting maximumconsider “technologicalthe Secretary ofnumber of conditions to be
feasible average fuelfeasibility, economicTransportation must consider:analyzed and weighed by the
economy standardspracticability, the effect of(1) CAFE effects on reducingNational Highway Traffic
iki/CRS-RL31427other motor vehicle standardsof the Government on fuelU.S. dependence on importedoil; (2) motor vehicle andSafety Administration insetting standards. The
g/weconomy, and the need of thepassenger safety; (3) airimplications, if any, for the
s.orUnited States to conservequality; (4) the relativerule-making process are
leakenergy.” [49 Sec.competitiveness ofunclear. It is possible that
32902(2)(f)]manufacturers; (5) levels ofthese new considerations, if
://wikiemployment in the Unitedretained in the final bill, will
httpStates; (6) the cost and leadbe legally challenged and
time for new technologies; (7)might delay the rulemaking
potential benefits of advancedprocess as amended by the
technology vehicles; (8)legislation.

impact of manufacturers
near-term compliance costs
on their ability to develop
advanced technologies (9) the
January 2002 CAFE report of
the National Research
Co unc i l .

ProvisionCurrent LawSenateHouseComments
Consideration ofNo current law.No comparable provision.Sec. 202. The Secretary ofThe original distinction
prescribing differentTransportation will considerbetween cars and light trucks
average fuel economythe merits and benefits ofin the Energy Policy and
standards for non-basing fuel economyConservation Act (P.L. 94-
passenger automobilesstandards for light-duty163) assumed that vehicles
vehicles upon some measurededicated to passenger travel
of vehicle weight. Thewould be subject to tougher
Secretary should consider anyCAFE standards, whereas
recommendations made bylight-duty trucks intended for
the National Academy ofhauling and other commerce
Sciences in its fuel economywould be required to meet an
study. If a weight-basedappropriately less stringent
system is adopted, anstandard. In recent years,
iki/CRS-RL31427individual manufacturer could trade credits among theit has become apparent thatvehicles such as sport utility
g/wdifferent models produced byvehicles (SUVs) which
s.orthat manufacturer.otherwise meet the definition
leakof “light duty trucks” are
being used as passenger
://wikivehicles but are not held to
httpthe CAFE standard of
passenger automobiles.
Extension of maximumManufacturers earn a “CAFESec. 804. Maximum increaseSec. 203. An existingThe fuel economy study by
fuel economy increasecredit” for producing dual-in a manufacturer’s CAFEincentive that providesthe National Academy of
for alternative vehiclesfueled vehicles. Theowing to inclusion of dual-CAFE credits toSciences (NAS)
maximum increase in afueled vehicles in its fleet ismanufacturers of dual-fueledrecommended
manufacturer’s CAFE owinglimited to 1.2 mpg for modelvehicles is extended throughelimination of the credit,
to inclusion of dual-fueledyears 1993-2008, and 0.9model year 2008. contending that these vehicles
vehicles in its fleet is limitedmpg for model years 2009-are rarely operated on
to 1.2 mpg for model years2013. anything but conventional
1993-2004, and 0.9 mpg forgasoline, while the credit
model years 2005-2008.permits the manufacturer to
sell less-efficient vehicles.

ProvisionCurrent LawSenateHouseComments
Study of feasibility andNot in current law.No comparable provision.Sec. 207. The National
effects of reducing useAcademy of Science is to
of fuel for automobilesundertake a study on the
feasibility and effects of
reducing automobile fuel use
– “by a significant
percentage” – by model year
2010. The study is to
particularly look at the
promise of fuel cell
technology and alternatives to
the present structure of the
CAFE standards.
iki/CRS-RL31427Procurement ofSec. 303 of the Energy PolicySec. 805. Five percent ofSec. 205. In addition to theThe targets specified in
g/walternative fueled andAct of 1992 (P.L. 102-486)light duty trucks procured for75% of federal motor vehiclesexisting law have not been
s.orhybrid light-dutyrequired that, by FY1999,federal fleets in FY2005-purchased each year that mustmet.

leaktrucks for federal fleets 75% of vehicle purchases forFY2006 must be alternative-be alternative-fueled under
a federal fleet of 20 or morefueled or hybrid vehicles.Sec. 303(b)(1) of P.L. 102-
://wikilight-duty motor vehicles beThis requirement increases to486, 5% of federal fleet
httpalternative-fueled vehicles. 10% after FY2006.vehicles purchased during
Exceptions were made forFY2004-FY2005, and 10% in
emergency, military and lawFY2006 and thereafter, must
enforcement vehicles, amongbe alternative-fuel or hybrid
other uses.vehicles.

ProvisionCurrent LawSenateHouseComments
Use of alternative fuelsEnergy Policy Act of 1992Sec. 806. Dual-fueled vehicleSec. 206. Federal fleets mustUnder current law, there is no
[42 U.S.C. 13220]. Of thefleets in executive branchreduce the purchase ofspecific requirement to use
vehicles purchased by federalagencies must use alternativepetroleum-basedalternative fuels in these
and state agencies, andfuels 100% of the time bynonalternative fuels” duringvehicles.
alternative fuel providers in aJan. 1, 2009, but the SecretaryFY2004-FY2008 by some
given year, a percentage mustof Transportation ispercentage from a baseline, as
be alternative fuel vehicles. authorized to waive thedesignated by the Secretary of
requirement to 50% of theEnergy.
time by Jan. 1, 2009, and
75% by Jan. 1, 2011. No
waivers may be extended
beyond the end of 2012.
Additional waiver authority is
iki/CRS-RL31427provided if the alternativefuel “is not reasonably
g/wavailable” in a particular
s.orgeographic area.
Hybrid electric andSec. 807. Appropriations ofNo comparable provision.

://wikifuel cell vehicles$225 million to DOE are
httpauthorized for FY2003 to
expand R&D for advanced
technologies to improve the
cleanliness of automobiles.
Emphasis is placed on
(1) fuel cells, including high
temperature membranes for
fuel cells and fuel cell
auxiliary power systems; (2)
hydrogen storage; (3)
advanced vehicle engine and
emission control systems; (4)
advanced batteries and power
electronics for hybrid
vehicles; (5) advanced fuels;
and (6) advanced materials.

ProvisionCurrent LawSenateHouseComments
Diesel fueled vehiclesNo current law.Sec. 808. DOE is required toNo comparable provision.
accelerate R&D for diesel
combustion and after
treatment technologies with
the objective of enabling
diesel technology to meet
Tier 2 emission standards not
later than 2010. [These
standards will apply to cars
and light trucks after the 2003
model year.]
Fuel cell demonstrationNo current law.Sec. 809. The Secretaries ofNo comparable provision.
iki/CRS-RL31427Energy and Defense are tojointly carry out a program to
g/waccelerate use of fuel cell
s.ortechnology in military and
leaknon-military uses.
Technologies developed in
://wikithe Partnership for a New
httpGeneration of Vehicles and
Freedom Car programs are
specifically targeted.
Bus replacementNo current law.Sec. 810. The Secretary ofNo comparable provision.

Transportation is required to
carry out a study to determine
how best to replace diesel-
fueled buses with buses that
are hybrids, or buses that use
fuel cells or cleaner burning
alternative and renewable
fue l s.

ProvisionCurrent LawSenateHouseComments
Average fuel economyNo specific provision.Sec. 811. The CAFENo comparable provision.The House legislation
standard for pickupstandard for “pickup trucks”requires savings in the fuel
trucksis frozen at 20.7 mpg, theconsumption of light-duty
current standard for light-dutytrucks, which embraces light
trucks.trucks, SUVs and passenger
vans. The Senate language
would appear to require some
definition of a third category
of vehicle “pickup trucks”
in addition to passenger
cars and light-duty trucks.
Depending upon how pickups
are defined, the Senate
iki/CRS-RL31427provision might not excludeSUVs and vans from future
g/wrulemakings to set a higher
s.orCAFE standard.
Annual report on U.S.No current law.No comparable provision.Sec. 802. National energyThe House language does not
://wikienergy independence.plans required by thespecify whether this is
httpDepartment of Energydependence measured as
Organization Act (P.L. 95-91)gross imports or net imports.
must include a sectionIn calendar year 2001, total
evaluating progress theimports, expressed as a
United States has madepercentage of petroleum
toward a goal of notproducts supplied, was
exceeding 50% dependence59.3%; as an expression of
on foreign oil sources bynet imports, it was 54.3%. No
2010. The plan shall alsocomparable provision was
address what legislative orincluded in the Senate bill,
administrative actions arebut it was amended on the
needed to meet this goal.floor to establish a consumer
energy commission that will
undertake a one-time study on
price spikes and how they
might be averted in the future.

ProvisionCurrent LawSenateHouseComments
Exception to HOVStates may permit exemptionsSec. 812. States are permittedSec. 151. States are permittedWhile not codified in federal
passengerfrom high occupancy (HOV)to exempt one-passengerto grant exceptions to HOVlaw, HOV exemptions for
requirements forrestrictions for inherently lowalternative fuel vehicles fromrestrictions for alternative fuelsuch vehicles are already
alternative fuel vehiclesemission vehicles [23 U.S.C.HOV restrictions.and hybrid vehicles.provided by some states
102(a)(2)].because of their low
e missio ns.
Grants for alternativeThe Transportation EquitystNo provision.Sec. 2101- 2105. A pilot
fuel vehiclesAct for the 21 Centuryprogram is established within
(TEA-21) [23 U.S.C. 149]the Department of Energy to
provides grant funding for theprovide grants to state and
purchase of alternative fuellocal governments, and
vehicles and infrastructure,metropolitan transit
iki/CRS-RL31427but does not provide fundingfor advanced diesel vehicles.authorities, to aid in thepurchase of alternative fuel
g/wand advanced diesel vehicles,
s.orand the infrastructure
leaknecessary to support them.
://wikiAlternative fuel dataNo provision.Sec. 813. The AdministratorNo provision.Currently, EIA publishes
httpcollectionof the Energy Informationannual data on fuel
Administration (EIA) isconsumption and vehicle
required to conduct a surveypurchases.

on alternative fuels and
publish monthly data on
quantities of fuel produced,
imported, and consumed, as
well as production costs,
marketing costs, and market

ProvisionCurrent LawSenateHouseComments
Green school busesThe Transportation EquitystSecs. 814- 816. A pilotSec. 2141- 2144. Similar to
Act for the 21 Centuryprogram is established by thethe Senate version, except
(TEA-21) [49 U.S.C.Departments of Energy andthat the program would be
5309(m)(1)(C)] providesTransportation to provideadministered solely by the
grant funding for researchgrants to local governmentsDepartment of Energy.
and demonstration of fuel celland contractors that provideFurther, the House version
buses, mainly for transitschool bus service for publichas potentially more stringent systems to aid in therequirements for emissions
purchase of alternative fuelfrom eligible vehicles.
and advanced diesel buses,
and the infrastructure
necessary to support them. In
addition, Section 815
iki/CRS-RL31427establishes a pilot programfor the development and
g/wdemonstration of fuel cell
s.orschool buses.
Biodiesel fuel use creditEnergy Policy Act of 1992Sec. 817. Fleet operators maySec. 153. Credits for the
://wiki[42 U.S.C. 13220]. Of theclaim alternative fuel vehiclepurchase of biodiesel fuel
httpvehicles purchased by acredits for excess purchase ofmay be counted toward future
federal, state, and fuelbiodiesel fuel. Further, fleetvehicle purchase
provider fleet in a given year,operators may use biodieselrequirements.

a percentage must befuel to meet up to 100% of
alternative fuel vehicles. Anyrequired purchases in a given
excess vehicle purchases mayyear.
be credited toward future
years. Fleet operators may
meet up to 50% of the
requirement in a given year
by purchasing biodiesel fuel,
but the use of biodiesel fuel
does not generate credits.

ProvisionCurrent LawSenateHouseComments
Neighborhood electricThe Energy Policy Act ofSec. 818. NeighborhoodNo provision.Neighborhood electric
vehicles1992 [42 U.S.C. 13211]electric vehicles may bevehicles (NEVs) are small
defines the termalternativetreated as alternative fuelelectric vehicles that are
fuel vehicle.”vehicles for compliance andcertified for low speeds.
tax purposes.
Secondary electricNo provision.No provision.Sec. 2131- 2133. A programSec. 625 of the Energy Policy
vehicle batteryis established for research andAct required a DOE study of
research anddevelopment on applicationsutility applications for used
developmentfor used electric vehicleelectric vehicle batteries.
batteries in utility and
commercial power storage.
Credit for hybridEnergy Policy Act of 1992Sec. 819. Fleet operators mayNo provision.Currently, hybrid vehicles are
iki/CRS-RL31427vehicles, dedicated[42 U.S.C. 13258]. Of thegenerate alternative fuelnot considered alternative fuel
g/walternative fuel vehiclesvehicles purchased by avehicle (AFV) credits throughvehicles because their
s.orand infrastructurefederal, state, and fuelthe use of hybrid vehicles. Inprimary fuel is gasoline.
leakprovider fleet in a given year,addition, fleet operators mayCredits may be used to help
a percentage must begenerate credits by helpingmeet future alternative
://wikialternative fuel vehicles.expand AFV use in non-vehicle purchase
httpcovered fleets, and throughrequirements.

investment in AFV
infr astr uc tur e .

ProvisionCurrent LawSenateHouseComments
Renewable content ofNo provision.Sec. 820. Beginning in 2004,Sec. 604. The EPAThe two most common
motor fuelmotor gasoline must contain aAdministrator and therenewable fuels are ethanol
certain amount of renewableSecretary of Energy areand biodiesel. Currently,
fuel. In 2004, 2.3 billionrequired to conduct a studyabout 1.8 billion gallons of
gallons of renewable fuelon the feasibility of requiringethanol and 0.1 billion gallons
must be sold annually,a minimum quantity ofof biodiesel are consumed
increasing incrementally eachrenewable fuel in motor fuel.annually in the United States.
year to 5 billion gallons in
2012. After 2012, the
percentage of renewable fuel
in the motor fuel pool must be
constant. Ethanol from
cellulosic biomass is granted
iki/CRS-RL31427extra credits toward fulfillingthe programs requirements.
g/wFurther, renewable fuel
s.orproviders are exempt from
leakdefective product liability if
they are in compliance with
://wikithe Clean Air Act.
Federal agencyNo provision.Sec. 820A. Federal agenciesNo provision.In some places, mainly in the
ethanol-blendedmust purchase ethanol-Midwest, ethanol-blended
gasoline and biodieselblended gasoline andgasoline comprises the
purchasingbiodiesel for diesel blendingmajority of retail gasoline.

requirementin areas where the fuels are
generally available at a
competitive price. Certain
vehicles, such as non-road,
combat, emergency, and law
enforcement vehicles are

ProvisionCurrent LawSenateHouseComments
Loan guarantees forNo provision.Sec. 820B. The Secretary ofSec. 603 The Secretary of
commercial byproductsEnergy is required toEnergy is required to conduct
(including ethanol) ofestablish a program toa study on the feasibility of
municipal solid waste provide loan guarantees forproviding loan guarantees for
the construction of facilitiessuch facilities.
that process and convert
municipal solid waste into
fuel ethanol and other
commercial products.
Additional Fuel Efficiency Measures
iki/CRS-RL31427ProvisionCurrent LawSenateHouseComments
g/wFuel efficiency of theExecutive Order 13149,Sec. 821. Executive agenciesSec. 204. Similar to SenateThese provisions largely
s.orfederal fleet ofissued by President Clintonare required to increase theprovision.codify the existing executive
leakautomobileson April 21, 2000, directedaverage fuel economy of theirorder.

://wikithat federal agencies increasethe EPA-rated fuel economynew vehicle purchases by 1mile per gallon (mpg) in
httpof their new passenger carsFY2002 and 3 mpg in
by at least 1 mile per gallonFY2005, from a FY1999
(mpg) by the end of FY2002baseline. This applies to
and at least 3 mpg by FY2005passenger automobiles and
from a baseline of FY1999light-duty trucks, but
acquisitions.excludes vehicles used in
combat-related missions, law
enforcement, and emergency
rescue work.

ProvisionCurrent LawSenateHouseComments
Idling reductionNo provision.Sec. 822. The Department ofSec. 162. The EnvironmentalThe House and Senate
systems in heavy dutyEnergy is required to studyProtection Agency is requiredversions focus on
vehicles and advancedpotential fuel savings fromto determine whether existingsubstantially different factors.
idle elimination systemsreducing long duration idlingair emissions modelsThe Senate version focuses
of heavy-duty engines. Afteraccurately reflect thesolely on on-board
completion of the study, theemissions from idling heavy-technologies to reduce fuel
Secretary may require theduty vehicles. Further, theconsumption. The House
installation of on-board idlingAgency is required toversion focuses on stationary
reduction systems on newdetermine whether emissionsystems to reduce pollutant
heavy-duty vehicles.reduction credits should beemissions.
allotted for the installation of
idle elimination systems at
truck stops and other
iki/CRS-RL31427 lo catio ns.
g/wConserve by bicyclingNo provision.Sec. 823. The Secretary ofNo provision.
s.orprogramTransportation is required to
leakestablish a pilot program to
encourage the use of bicycles
://wikiin place of motor vehicles.
Fuel cell vehicleVarious programs currentlySec. 824. The Secretary ofNo provision.

programexist to promote the research,Energy is required to develop
development, anda program to enable the
demonstration of fuel cellsavailability of 100,000
and fuel cell vehicles.hydrogen fuel cell vehicles by
2010, and 2.5 million vehicles
by 2020. Further, the
program should include
timetables for the
development of hydrogen fuel
infrastructure to support those
ve hi c l e s .

Federal Reformulated Fuels
ProvisionCurrent LawSenateHouseComments
Short titleNot applicable.Sec. 831.FederalNo similar provision.
Reformulated Fuels Act of
Leaking undergroundThe Solid Waste Disposal ActSec. 832. Funds areSec. 504. $200 million isMTBE, a common additive in
storage tanks and[42 U.S.C. 6991] provides forauthorized from the Leakingauthorized from the LUSTgasoline, has been found to
funding for mtbethe regulation of undergroundUnderground Storage TankTrust Fund for the mitigationcontaminate underground
contamination storage tanks, including(LUST) Trust Fund for theand prevention of MTBEdrinking water sources in
gasoline storage tanks. prevention and mitigation ofcontamination. several states.

Among other provisions, thecontamination by ether fuel
act allows regulations for theadditives including methyl
iki/CRS-RL31427detection, prevention, andtertiary butyl ether (MTBE).
g/wcorrection of releases ofregulated substances.The following funds areauthorized for FY2003
s.orthrough FY2008: $200
leakmillion for general MTBE
://wikimitigation, $200 million forrelease prevention; $2 million
httpfor research on bedrock
remediation; $350,000 for
research on soil remediation.

ProvisionCurrent LawSenateHouseComments
Authority for waterThe Clean Air Act does notSec. 833. The EPANo provision.At least 14 states have already
quality protection fromgive the EnvironmentalAdministrator may control orpassed laws to ban or limit
fuelsProtection Agency (EPA) theprohibit the sale of fuel orthe use of MTBE.
authority to regulate fuels tofuel additives that may harm
prevent water contamination.water quality. Four years
after the date of enactment,
the use of MTBE in gasoline
is banned. Individual states
may authorize the use of
MTBE after notifying EPA.
Funding is authorized for
grants to MTBE merchant
producers to convert to the
iki/CRS-RL31427production of other gasolineadditives.
s.orElimination of oxygenThe Clean Air ActSec. 834. The Clean Air ActNo provision.

leakcontent requirementAmendments of 1990 [42is amended to eliminate the
for reformulatedU.S.C. 7545(k)] require theminimum oxygen
://wikigasolineuse of Reformulated Gasolinerequirement. Further, EPA
http(RFG) in certain ozonemust promulgate regulations
nonattainment areas. RFGto maintain current toxic air
areas must meet morepollutant reductions. In
stringent standards foraddition, standards for
various pollutants thanNorthern and Southern RFG
conventional gasoline areas. areas are consolidated so that
RFG is also required toall areas are held to the more
contain a minimum level ofstringent southern standard
oxygen. In addition,
Southern RFG areas face
more stringent standards than
Northern areas.

ProvisionCurrent LawSenateHouseComments
Public health andUnder the Clean Air ActSec. 835. The EPANo provision.
environmental impactsAmendments of 1990 [42Administrator must study the
of fuels and fuelU.S.C. 7545(b)], the EPAhealth and environmental
additivesAdministrator may require effects of fuels and fuel
manufacturers to conductadditives. Manufacturers are
tests on the health effects ofalso required to conduct tests
fuels and fuel additives.on health and environmental
Analyses of motorNo provision.Sec. 836. The EPANo provision.
vehicle fuel changesAdministrator must publish
an analysis of the changes in
emissions and air quality
iki/CRS-RL31427resulting from theimplementation of Subtitle C.
s.orAdditional opt-in areasUnder the Clean Air ActSec. 837. Areas inNo provision.The ozone transport region
leakunder reformulatedAmendments of 1990 [42compliance with ozonecovers areas from the
gasoline programU.S.C. 7545(k)], areas instandards (that are within theWashington, D.C.
://wikisevere or extremeozone transport region) mayMetropolitan Statistical Area
httpnonattainment of ozonealso opt-in to the federal RFGto Maine.

standards are required to useprogram, unless there is
RFG. Other nonattainmentinsufficient supply of RFG.
areas with less severe
problems may opt-in to the
RFG program.

ProvisionCurrent LawSenateHouseComments
Modifications toRegulations promulgatedNo provision.Sec. 501- 502. EPA is
reformulated gasolineunder the RFG program setrequired to determine whether
requirementscertain accounting,these requirements should be
documentation, andmodified. Specifically, EPA
compliance requirementsmust study whether changes
concerning the draining ofcould improve the cost and
gasoline storage tanks and theavailability of RFG. Any
distribution of RFG blendingmodifications to the RFG
components [40 CFR 80.78program must be
and 80.102].implemented 60 days before
the beginning of the high
ozone season (summer).
iki/CRS-RL31427Federal enforcement ofstate fuelsUnder the Clean Air ActAmendments of 1990 [42Sec. 838. If a state requests,EPA may enforce fuelNo provision.

g/wrequirementsU.S.C. 7545(k)], states withrequirements set in a state’s
s.orless-severe ozoneSIP.
leaknonattainment areas (that do
not opt-in to the RFG
://wikiprogram) may set their own
httpfuel standards as part of State
Implementation Plan (SIP)
for ozone.

ProvisionCurrent LawSenateHouseComments
Fuel systemFuel standards vary.Sec. 839. The EPASec. 503. Substantially similarBecause of various federal
requirementsAdministrator and theto the Senate provision. and state standards, as well as
harmonization studySecretary of Energy areHowever, the House versionlocal refining and marketing
and boutique fuelsrequired to conduct a study ofwould require publication of adecisions, refiners may face
all federal, state, and localreport by the end of this year.several different fuel
environmental requirementsstandards in a state. These
for motor fuels. They arevarious fuel formulations
required to analyze the effectshave the potential to
of the various standards oncontribute to supply
consumer prices, fueldisruptions and price
availability, domesticinstability.
suppliers, air quality and
vehicle emissions. Further,
iki/CRS-RL31427they are required to study thefeasibility of developing
g/wnational or regional fuel
s.orstandards. A report must be
leakpublished by June, 2006.
://wikiReview of federalExecutive Order 13149,Sec. 840. The AdministratorNo provision.Most federal AFVs are dual-
httpprocurement initiativesissued by President Clintonof the General Servicesfuel vehicles (capable of
relating to use ofon April 21, 2000, directedAdministration must submit abeing fueled by either an
recycled products andthat federal agencies increasereport to Congress on effortsalternative or conventional
fleet andthe EPA-rated fuel economyby federal agencies tofuel), and most of these are
transportationof passenger cars and to fuelpurchase recycled products,fueled with gasoline as
efficiencyalternative fuel vehiclespurchase AFVs and fuels, andopposed to alternative fuels.

(AFV) with alternative fuels aimprove federal vehicle fleet
majority of the time. efficiency.
Executive Order 13101,
issued by President Clinton
on September 14, 1998,
directed federal agencies to
increase their use of recycled

ProvisionCurrent LawSenateHouseComments
Mobile to stationaryNo provision.No provision.Sec. 154. The Environmental
source tradingProtection Agency (EPA) is
required to study whether
allowing mobile and
stationary sources to trade
emissions credits under the
Clean Air Act would provide
additional flexibility in
achieving and maintaining air
quality standards.
Energy Efficiency and Assistance to Low Income Consumers
g/wLow Income Assistance and State Energy Programs
ProvisionCurrent LawSenateHouseComments
httpEnergy conservationFunding authorizations haveNo provision.Sec. 101. Funding is
programsexpired.authorized for DOE Energy
reauthorizationEfficiency R&D programs
under the Interior
Appropriations bill through

ProvisionCurrent LawSenateHouseComments
LIHEAP,Department of Health andSec. 901. Increased funding isFunding authorizations forThe bills are nearly identical.
weatherization, andHuman Services funding forauthorized for LIHEAP andLIHEAP (Sec. 134) andThe House bill also requires a
state energy fundingthe Low-Income HomeWeatherization grantWeatherization (Sec. 133) GAO study of LIHEAP.
Energy Assistance Programprograms for FY2003grant programs are set for
(LIHEAP) is currentlythrough FY2005.FY2003 through FY2005.
authorized through FY2003
in the Human Services
Authorization Act of 1998.
DOE Weatherization Program
funding is authorized through
FY2003 under 42 U.S.C.
6872. The DOE State
Energy Program funding is
iki/CRS-RL31427authorized through FY2003under 42 U.S.C. 6322.
s.orState energy programs Authorization expired.Sec. 902. Increased funding isSec. 131. The House
leakauthorized for FY2003provisions are nearly identical
through FY2005 for the DOEto those in the Senate bill.
://wikiState Energy grant programs.
httpAlso, new requirements are
set for state energy
conservation goals and plans.
Energy efficientSec. 397 of the Energy PolicySec. 903. DOE is directed toSec. 132. The fundingThe House provision in Sec.
schoolsand Conservation Act (EPCA,create a High Performanceauthorization for the DOE135 appears similar to, but
P.L. 94-163) authorizesSchools Program, a grantschools and hospitalsbroader than, the Senate
funding for the DOE schoolsprogram for using energy-program is extended throughprovision.

and hospitals programefficient measures in the2010. Sec. 135 creates a
through FY2003.renovation and constructionHigh Performance Public
of schools.Buildings Program, a grant
program for energy-efficient
renovation and construction
of local government
b uild ings.

ProvisionCurrent LawSenateHouseComments
Low incomeNo existing program.Sec. 904. A pilot energy-No provision.
community energyefficiency program is created
efficiency pilotfor community development
programcorporations and Native
American economic
development entities.
Energy efficientNo existing program.Sec. 905. DOE is required toThe House bill does not have
appliance rebatefund rebate programs ina rebate provision, but
programseligible states to supportSec.3107 provides a tax credit
residential end-user purchasesto producers for certain
of Energy Star efficient residential
g/wFederal Energy Efficiency
leakProvisionCurrent LawSenateHouseComments
://wikiEnergy managementSection 202 of ExecutiveSec. 911. The baseline isSec. 121b. The 1985 baselineThe two bills are fairly close
httprequirementsOrder 13123 employs 1985 asupdated from 1985 to 2000is kept and a goal of 45%in the goal set for 2011.
the baseline for measuringand a new goal of 20%reduction is set for 2020.
federal building energyreduction is set for 2011. At
efficiency improvements andthat time, DOE is directed to
calls for a 35% reduction inassess progress and set a new
energy use per gross squaregoal for 2021.
foot by 2010.
Energy useNo existing requirement.Sec. 912. Federal buildingsSec. 121f and 126. The
measurement andare required to be metered orprovision is nearly identical
accountability sub-metered by late 2004, toto that in the Senate bill.

help reduce energy costs and
promote energy savings.

ProvisionCurrent LawSenateHouseComments
Advanced buildingNew program.No provision.Sec. 125. DOE is required to
efficiency testbedcreate a program to develop,
test, and demonstrate
advanced federal and private
building efficiency
t e c hno l o gi e s .
Federal buildingMandatory energy efficiencySec. 913. DOE is directed toNo provision.
performance standardsperformance standards forset revised energy efficiency
federal buildings are set instandards for new federal
Section 305(a) of P.L. 94-385buildings.
(ECPA) and implemented
through 10 CFR Part 435.
iki/CRS-RL31427Procurement of energySection 403 of ExecutiveSec. 914. Statutory authoritySec. 121e. A similar
g/wefficient productsOrder 13123 directs federalis created that requires federalrequirement is set in the
s.oragencies to purchase life-agencies to purchase EnergyHouse bill. Also, Sec.124
leakcycle cost-effective EnergyStar or energy efficientrequires federal agencies to
Star products.products designated by theacquire efficient (SEER 12)
://wikiFederal Energy Managementair conditioners and heat
httpProgram (FEMP).pumps.
Repeal of energySection 801(c) of the NationalSec. 915. Federal agencies areSec. 122. A similar extension
savings performanceEnergy Conservation Policyempowered to continue usingis set out in the House bill.
contract (ESPC) sunsetAct (NECPA, P.L. 95-619)energy savings performance
provides for federal use ofcontracts indefinitely.
energy savings performance
contracts through the end of
Energy savingsSection 804(2) of NECPASec. 916. The definition ofSec. 122. Similar definitions
performance contractprovides definitions forenergy savings is expanded toare set out in the House bill.

definitions ESPCs.include a reduction in water
c o sts.

ProvisionCurrent LawSenateHouseComments
Review of energyNo existing requirement.Sec. 917. DOE is required toSec. 127. The same provision
savings performancereport to Congress on barriersis set out in the House bill.
contract program to the ESPC program and
ways to improve its
Utility incentiveSection 546(c) of NAECANo provision.Sec. 123. The current law is
programsauthorizes and encouragesamended to allow agencies to
federal agencies to participateform contracts for energy
in utility incentive programsefficiency services under
to increase energy efficiencyutility programs.
and water conservation.
Federal energy bank No existing requirement.Sec. 918. A fund isNo related provision.
iki/CRS-RL31427established in the U.S.
g/wTreasury that can be used for
s.orloans to federal agencies for
leakenergy and/or water
httpEnergy and watersaving measures inSection 310 of the LegislativeBranch Appropriations Act ofSec. 919. The Architect of theCapitol is required to planSec. 128. Funding isauthorized to support a
congressional buildings 1999 called for the Architectand implement an energy andrequirement that the AOC
of the Capitol (AOC) towater conservation strategystudy the potential for
develop an energy efficiencyfor congressional buildingsrenewable energy and other
plan for congressionalthat is consistent with thatsources to make the Capitol
buildings.required of other federalcomplex more secure from
buildings. No fundingpower shortages.
authorization specified.
Increased use ofNo provision.Sec. 920. Requires federallyNo related provision.

recovered material infunded projects to increase
federally fundedthe procurement of cement
projects involvingand concrete that uses
procurement of cementrecovered material.
or concrete

Industrial Efficiency and Consumer Products
ProvisionCurrent LawSenateHouseComments
VoluntaryWhile there is no currentSec. 921. DOE is authorizedNo provision.
commitments to reducestatutory authority, programsto form voluntary agreements
industrial energyhave been in place, such aswith industry sectors or
intensitythe former Climate Wisecompanies to reduce energy
program at EPA.use per unit of production by
iki/CRS-RL314272.5% per year.
g/wAuthority to setCurrent law has standards forSec. 922. DOE is authorizedNo provision.
s.orstandards forresidential appliances, but notto set energy efficiency
leakcommercial productsfor commercial equipment.standards for commercial
://wikiappliances and products.
httpAdditional definitionsEnergy terms are defined inSec. 923. Terms are definedSec. 124d. Definitions for
various statutes.for provisions in theseveral energy efficiency
following sections.terms are updated.
Additional testNo existing requirement.Sec. 924. Test procedures areSec. 143. DOE is directed to
proceduresprescribed for exit signs,set test procedures, standards,
traffic signals, andand labels for residential
transformers, and DOE isfurnace fans, residential
directed to set procedures forcentral air conditioner fans,
ceiling fans, vendingheat pump circulation fans,
machines, and commercialsuspended ceiling fans, and
refrigerators.refrigerated bottled or canned
beverage vending machines.

ProvisionCurrent LawSenateHouseComments
Energy labelingSection 324(a) of the EnergySec. 925. FTC is required toSec. 142. DOE is required to
Policy and Conservation Actissue a rule that addressesrecommend labeling for non-
(P.L. 94-163) directed thechanges to improve thecovered products to FTC.
Federal Trade Commissioneffectiveness of energy labels. FTC is required to issue a rule
(FTC) to issue a rule forAlso, DOE is directed toon the feasibility of labeling
energy efficiency labels onprescribe labelingnon-covered products and the
consumer products (42 U.S.C.requirements for productseffectiveness of the current
6294).added by this title of the bill.labeling program.
Energy Star Program No existing statutorySec. 926. DOE and EPA areSec. 141. The statutory
authority.given statutory authority forauthority is the same, except
the Energy Star program.that DOE and EPA are also
directed to determine whether
iki/CRS-RL31427certain products and buildingsshould be included under the
g/w autho r ity.
leakEnergy conservationSection 546(c) of NECPA, asSec. 927. DOE is directed toNo provision.A DOE rulemaking late in the
standards for centralimplemented by 10 CFR, setsamend the standard within 60Clinton Administration set the
://wikiair conditioners anda seasonal energy efficiencydays after enactment.standard to a SEER of 13.
httpheat pumpsratio (SEER) standard of 10Early in the Bush
for central air conditionersAdministration a new DOE
and heat pumps.rulemaking rescinded the
previous one and proposed a
SEER of 12.
Energy conservationNo existing requirement forSec. 928. DOE is directed toSec. 143. DOE is required to
standards foradditional products andissue a rule that determinesset energy efficiency
additional consumerstandby mode.whether an energy efficiencystandards for the standby
and commercialstandard needs to be set formode of households
products and standbythe standby operating modeappliances, excluding certain
mode of certain devices and certain
other equipment subject to
other standards.

ProvisionCurrent LawSenateHouseComments
Consumer educationNo provision.Sec. 929. A public educationSec. 143c. DOE is required to
on energy efficiencyprogram is authorized thatimplement a public education
benefits of airwould address the energy-program about the energy
conditioning, heating,saving benefits of improvedsaving benefits of improved
and ventilationmaintenance for certainmaintenance of equipment.
maintenanceequipment. Also, the Small
Business Administration is
directed to assist small
businesses in becoming more
energy efficient.
Study of energyNo provision.Sec. 930. DOE is directed toNo provision.
efficiency standardshave NAS study how the
iki/CRS-RL31427effectiveness of standardsmay be influenced by
g/wmeasures that focus either on
s.orenergy end-use or on the full
leakfuel cycle.
httpHousing Efficiency
ProvisionCurrent LawSenateHouseComments
Capacity building forNo provisions for energySec. 931. Activities areSec. 4101. The House bill
energy efficient,efficient housing in HUDrequired that provide energyprovision is the same as that
affordable housingDemonstration Act (42efficient affordable housingin the Senate bill.

U.S.C. 9816).and other residential measures
under the HUD
Demonstration Act.

ProvisionCurrent LawSenateHouseComments
Increase of CDBGSection 105(a)(8) of theSec. 932. The amount ofSec. 4102. The House bill
public services cap forHousing and Communityassistance for providng publicprovision is the same as that
energy conservationDevelopment Act of 1974services involving energyin the Senate bill.
and efficiency activitiesallows a percentage ofefficiency is increased by
community development10%.
block grant (CDBG) public
service funding to be used for
energy efficiency.
Federal HousingSection 203(b)(2) of theSec. 933. The amount ofSec. 4103. The House bill
AdministrationNational Housing Act allowsproperty value that can beprovision is the same as that
mortgage insurancesolar energy equipment tocovered by mortgagein the Senate bill.
incentives for energyincrease the amount ofinsurance due to solar energy
iki/CRS-RL31427efficient housingproperty value that can becovered by mortgageequipment. is increased from20% to 30%.
g/winsurance by up to 20%.
leakPublic housing capitalNo provision for energy andSec. 934. The Public HousingSec. 4104. The House bill
fundwater efficiencyCapital Fund is modified toprovision is the same as that
://wikiimprovements (42 U.S.C.include certain energy andin the Senate bill.
http1437).water use efficiency
Grants for energy-No provision for energy andSec. 935. HUD is directed toSec. 4105. The House bill
conservingwater efficiencyprovide grants for certainprovision is the same as that
improvements forimprovements (42 and water efficiencyin the Senate bill.
assisted housing8231).improvements to multifamily
housing projects.
North AmericanNo existing requirement.Sec. 936. The NorthSec. 4106. The House bill
Development BankAmerican Development Bankprovision is the same as that
is encouraged to financein the Senate bill.

energy efficiency projects.

ProvisionCurrent LawSenateHouseComments
Capital fundNo existing provision forSec. 937. Activities of theNo provision.
proposed energy projects (42Housing Act Capital Fund are
U.S.C. 1437).expanded to include broader
authorization for energy
efficiency projects.
Energy-efficientNo existing requirement.Sec. 938. Public housingNo provision.
appliancesagencies are required to
purchase cost-effective
Energy Star appliances.
Energy-efficientThe federal governmentSec. 939. The energyNo provision.
standardsencourages states to useefficiency standards and
energy efficiency standardscodes are changed from
iki/CRS-RL31427for public and assistedCABO to the 2000
g/whousing, and ModelInternational Energy
s.orEfficiency codes, that are setConservation Code.
leakby the Council of American
Building Officials (CABO)
://wiki(42 U.S.C. 12709).
httpEnergy strategy for theNo existing requirement.Sec. 940. HUD is required toNo provision.

Department of Housingimplement an energy
and Urbanefficiency strategy to reduce
Development (HUD)utility expenses in public and
assisted housing. Also, HUD
is directed to create an Office
of Energy Management to
implement the strategy and
report on it to Congress.

Rural and Remote Communities
ProvisionCurrent LawSenateHouseComments
Rural and RemoteNo current law.Secs. 941-950. In general,No comparable provision.

Community Fairnessthe purpose of this title is to
Actdevelop and maintainviable
rural and remote communities
through the provision of ...
reasonably priced and
environmentally sound
energy, ...
telecommunications and
utility services to those
communities that do not have
iki/CRS-RL31427these services or who
g/wcurrently bear costs ...
s.orsignificantly above the
leaknational average.” [Sec. 942]
Among other programs, the
://wikiRural and RemoteCommunity Fairness Act”
httpauthorizes and appropriates
$20 million for 7 fiscal years
to provide grants to rural and
remote communities for
purposes ofincreasing
energy efficiency, siting or
upgrading transmission and
distribution lines, or
providing or modernizing
electric facilities.” [Sec. 948]

National Climate Change Policy
Sense of Congress
ProvisionCurrent LawSenateHouseComments
Sense of Congress onNo provision.Sec. 1001. Growing evidenceNo provision.
global warmingis found that increases in
greenhouse gas
concentrations are
contributing to global climate
change, and it is the Sense of
the Congress that the United
States should demonstrate
iki/CRS-RL31427international leadership andresponsibility in mitigating
g/wthe health, environmental,
s.orand economic threats posed
leakby global warming. and
assess the Federal
://wiki G o ve r n me nt ’s
httpimplementation of it.
Climate Change Strategy
ProvisionCurrent LawSenateHouseComments
DefinitionsNo provision.Sec. 1012. Critical terms usedNo provisions. No specific targets or time
in the title are defined,frames for greenhouse gas
includingclimate-friendlyreduction are mentioned.

technology” and
“stabilization of greenhouse
gas concentrations.”

ProvisionCurrent LawSenateHouseComments
National climateSec. 1602(a) of the 1992Sec. 1013. The President,No provision.This title sets up new
change strategyEnergy Policy Act states thatthrough a new Office ofinstitutions and institutional
The ... National EnergyNational Climate Changearrangements to study global
Policy Plan ... shall include aPolicy (ONCCP) in theclimate change, its
... strategy ... designed toExecutive Office of theimplications, and possible
achieve ... the stabilizationPresident (EOP), is to developresponses. It does not state
and eventual reduction in thea National Climate Changethat its goal is compliance
generation of greenhouseStrategy (NCCS) based onwith the UNFCCC
gases....” parameters identified in thecommitment the U.S. made
Title. The ONCCP is directedunder article 4, 2(b) when it
Article 4, 2(b) of the develop the NCCS with theratified the UNFCCC in 1992.

United Nations Frameworklong-term goal of
Convention on Climatestabilization of greenhouse
iki/CRS-RL31427Change (UNFCCC) states:Parties [developed countries]gas concentrations. TheNCCS is to encompass four
g/wshall communicate ...key elements – (1) emissions
s.orinformation on its policiesmitigation measures; (2)
leakand measures ... with the aimtechnology innovation; (3)
of returning individually orclimate adaptation research;
://wikijointly to their 1990 levels ...and (4) expanded efforts to
httpanthropogenic emissions ofresolve remaining scientific
carbon dioxide and otherand economic uncertainty.
greenhouse gases.The ONCCP is to develop the
NCCS consistent with various
national goals and with
meaningful public and
interest group participation.
The NCCS is to be updated
every four years, and progress
reports are to be sent by the
President to Congress
annually. It is to be reviewed
by the National Academy of

ProvisionCurrent LawSenateHouseComments
Office of National New program office.Sec. 1014. The ONCCP isNo provision.New office established within
Climate Change Policyestablished within the EOP. the Executive Office of the
ONCCP is to focus onPresident to coordinate
achieving the long-term goalclimate change policy.

of stabilizing greenhouse gas
concentrations while
minimizing adverse short-
term and long-term economic
and social effects. Duties
including establishing
priorities for the CCRS;
establishing the Interagency
Task Force; ensuring the
iki/CRS-RL31427objective nature of the CCRS;and advising the President on
g/wfederal implementation of
s.orclimate change activities.
leakAmong the duties of the
Director are to advise the
://wikiPresident on the multiple
httpimpacts of government
programs, tax, trade, and
foreign policies on achieving
the CCRS, and to prepare an
annual report for the
President to submit to the
Congress under Sec. 1013.
The Interagency Task Force
shall serve as the primary
forum through which federal
agencies assist the ONCCP in
developing and updating the
CCRS, and assist the Director
of the ONCCP in preparing
its annual report to Congress.

ProvisionCurrent LawSenateHouseComments
Office of ClimateNew program office and/orSec. 1015. The Office ofSec. 2171-2178. The ClimateBoth bills authorize cost-
Change Technologyfunding.Climate Change TechnologyChange Protection Programssharing programs with the
(OCCT) is established withinin EPAs Office of Air andprivate sector, but with
EPA/OARDOE. ResponsibilitiesRadiation receive a 3-yeardifferent lead agencies, and
authorization ofinclude managing an energyauthorization totaling $380.4restrictions on what can be
appropriationstechnology R&D programmillion to fund research andfunded.

that focuses on high-risk,development, and
breakthrough technologiesdemonstration and
that promise to mitigatecommercialization projects on
and/or sequester emissions ofa cost-shared basis with non-
greenhouse gases. Infederal entities. Non-federal
addition, OCCT is to supportsources would be responsible
development of the NCCSfor 20% of the costs for a
iki/CRS-RL31427and the activities of theInteragency Task Forceresearch and developmentproject and 50% of the cost
g/wthrough provision of staff,for a demonstration and
s.ordata, and analytical tools. Thecommercial application.
leakOCCT is to maintain coreFunding is restricted to
analytical capabilities andtechnologies or processes that
://wikiother expertise in support ofcan be reasonably expected to
httpthe NCCS. It is required toyield new, measurable
submit to Congress and thebenefits to the cost,
ONCCP an annual report onefficiency, or performance of
its progress in meeting thethe technology or process.
goal of the energy technology
research and development
program. In addition, the
OCCT is to design and
manage an international
carbon dioxide sequestration
monitoring and data
collection program. The
object is to determine the
appropriateness of various
sequestration mechanisms.

ProvisionCurrent LawSenateHouseComments
Additional offices andNo specific provisions.Sec. 1016. Other federalNo provision.
activitiesagencies may establish
appropriate offices as
necessary to carry out the
provisions of this Act.
Science and Technology Policy
ProvisionCurrent LawSenateHouseComments
Global climate changeNew priority goal. Sec. 1021. Section 101(b) ofNo provision.
in the Office of Sciencethe National Science and
iki/CRS-RL31427and Technology PolicyTechnology Policy,Organization, and Priorities
g/wAct of 1976 is amended to
s.orinclude under the Office of
leakScience and Technology
://wikiPolicy (OSTP) the prioritygoal of “improving efforts to
httpunderstand, assess, predict,
mitigate and respond to
global climate change.”
Director of Office ofNew responsibility.Sec. 1022. OSTP is to adviseNo provision.

Science andthe Director of ONCCP on
Technology Policyscience and technology
functions matters as they relate to
climate change.

Miscellaneous Provisions
ProvisionCurrent LawSenateHouseComments
Additional informationNew requirement.Sec. 1031. Agencies areNo provision.
for regulatory reviewrequired to include in any
Statement of Energy Effects
pursuant to Executive Order
13211 an estimate of the net
change in greenhouse gas
emissions resulting from the
proposed federal action, and
which policies or measures
will be undertaken to mitigate
or offset the increased
g/wGreenhouse gasNew requirement.Sec. 1032. Four federalNo provision.

s.oremissions from federalagencies are required to
leakfacilities develop a methodology for
://wikiestimating greenhouse gasemissions from all federally
httpowned, leased, or operated
facilities, including mobile
sources. An emissions
estimate is required within 18
months of enactment.

National Greenhouse Gas Database
ProvisionCurrent LawSenateHouseComments
PurposeA voluntary greenhouseSec. 1101. Purpose is toNo provision.
reduction accounting systemestablish a reliable and
exists under Sec. 1605(b) ofaccurate greenhouse gas
the 1992 Energy Policy Act. inventory, reductions registry,
and information system.
A mandatory greenhouse
reporting system for
powerplants is required under
Sec. 821 of the 1990 Clean
Air Act Amendments.
iki/CRS-RL31427DefinitionsNew Program.Sec. 1102. Terms for Title XINo provision.

g/ware defined. Six gases are
s.orexplicitly included in the
leakdefinition of greenhouse
gases: carbon dioxide,
://wikimethane, nitrous oxide,
httphydrofluorocarbons,perfluorocarbons, and sulfur
hexafluoride. Others may be
added to the list.

ProvisionCurrent LawSenateHouseComments
Establishment ofNew Program.Sec. 1103. Specifies duties forNo provision
memorandum ofthe Department of Energy,
agreementDepartment of Commerce,
Environmental Protection
Agency, and Department of
Agriculture with respect to
the database. The Director of
ONCCP shall facilitate a
memorandum of agreement
among the agencies to
develop and operate the
iki/CRS-RL31427National GreenhouseGas DatabaseNew ProgramSec. 1104. The NationalGreenhouse Gas Database isNo provision.

g/westablished to collect, verify,
s.orand analyze information on
leakgreenhouse gas emissions and
reductions by entities in the
://wikiUnited States. The
httpcomprehensive system is to
maximize completeness while
minimizing costs to
participants. Reductions
recorded may be applied to
any future control program.

ProvisionCurrent LawSenateHouseComments
Greenhouse gasVoluntary greenhouse gasSec. 1105. All participatingNo provision.Reportable reductions include
reduction reportingreductions are currentlyentities must establish averifiable reductions reported
reported under Sec. 1605(b)baseline on an entity-wideunder Sec. 1605(b) of
of the 1992 Energy Policybasis (except for sequestrationEPACT.
Act.projects), and report annually
to the appropriate agency
their direct and indirect
greenhouse gas emissions
beginning the April 1 of the
third calendar year after
enactment. Entities may
choose to report verified
reductions achieved before
iki/CRS-RL31427the above date.
g/wMeasurement andNew requirements.Sec. 1106. The fourNo provision.
s.orverificationdesignated agencies shall
leakjointly develop
comprehensive measurement
://wikiand verification methods to
httpensure the registry is an
accurate record of greenhouse
gas emissions, reductions,
sequestrations, and
atmospheric concentrations.
Independent reviewsNew requirements.Sec. 1107. Database efficacyNo provision.

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

ProvisionCurrent LawSenateHouseComments
Review of participationNew requirements.Sec. 1108. Within five yearsNo provision.
of enactment, if participation
in the registry involves less
than 60% of aggregate
greenhouse emissions,
participation by all entities
shall be mandatory.
EnforcementNew requirements.Sec. 1109. Failure of anyNo provision.
participating entity to report
emissions under section 1108
is subject to civil action in
federal court and civil
iki/CRS-RL31427penalties of up to $25,000 perday of non-compliance.
s.orReport on statutoryNew requirements.Sec. 1110. The PresidentNo provision.
leakchanges andshall submit to Congress
harmonizationwithin three years of
://wikienactment a report describing
httpany necessary changes in law
necessary to improve the
accuracy or operation of the
database or the Title.
Authorization ofNo provision.Sec. 1111. There areNo provision.

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

Energy Research and Development Programs
ProvisionCurrent LawSenateHouseComments
Energy research andR&D programs are currentlySec. 1201-1204. A DOESec. 2001-2007. DOE isThe Senate bill is broader
development programsfunded, but there are noenergy R&D and deploymenturged to conduct an R&D andthan the House bill and it also
existing goals for reducingprogram is charged with thecommercial applicationsets goals for energy
energy intensity, curbinggoals of reducing energyprograms for energyefficiency.
energy use, and cuttingintensity by 1.9% annuallyefficiency, renewable energy,
carbon dioxide emissions.through 2020, reducing totalnuclear energy, fossil energy,
energy use by 8 quadrillionand science. Also, Sec. 2461
Btu by 2020, and reducingauthorizes DOE RD&D
carbon dioxide by 166funding of fuel cell
million metric tons by 2020.technologies, with special
focus on improving
iki/CRS-RL31427manufacturing production
://wikiEnergy Efficiency
ProvisionCurrent LawSenateHouseComments
Enhanced energyFunding is in place for DOESec. 1211. Numerous goalsSec. 2161. Funding for the
efficiency research andenergy efficiency programs,are set for the DOE energyDOE energy efficiency
developmentand many performance goalsefficiency programs. Also,programs is authorized for
are set out in the FY2003funding for the programs isFY2003 through FY2004.

budget request.authorized for FY2003
through FY2006.

ProvisionCurrent LawSenateHouseComments
National buildingNo existing requirement.No provision.Sec. 2181. An interagency
performance initiativegroup is established to
address energy efficiency
R&D for buildings. The
National Institute for
Standards and Technology is
directed to provide
administrative support.
Energy efficiencyThough there is no statutorySec. 1212. Statutory authoritySec. 2161. Funding appears to
science initiativeauthority, congressionalis provided for the programbe authorized as part of a
initiatives have repeatedlyand funding up to $50 millionblanket authorization for
funded this DOE program forannually is authorizedDOE energy efficiency
iki/CRS-RL31427several years. It isadministered jointly by theindefinitely. Also, DOE isdirected to prepare an annualprograms.
g/wOffice of Energy Efficiencyreport on the program.
s.orand Renewable Energy and
leakthe Office of Science.
://wikiNext generationNo existing requirement.Sec. 1213. A DOE program isSec. 2151-2155. An R&D
httplighting initiativecreated that aims to develop,grant program is established
by 2011, advanced whiteat DOE for advanced lighting
light-emitting diodes for hightechnologies focused on
energy efficiency in lighting.white light-emitting diodes.
Efficient railroadNo provision.Sec. 1214. A public-privateSec. 152. Similar to the
engine developmentresearch partnership isSenate provision, except that
and demonstrationestablished for thesafety and cost are not criteria
development andfor the program. $90 million
demonstration of locomotivetotal is authorized to be
engines that increase fuelappropriated between
economy, reduce emissions,FY2002 and FY2004.

improve safety, and lower
costs. $130 million total is
authorized to be appropriated
for FY2003 and FY2004.

ProvisionCurrent LawSenateHouseComments
High power densityNo specific provision.Sec. 1215. DOE must createSec. 2124. Nearly identical to
industry programan RD&D program toSenate provision.
improve energy efficiency
and load management of data
centers, server farms, and
other high power density
Precious metalNo specific provision.Sec. 1216. The Secretary ofNo provision.Platinum, palladium and
catalysisEnergy may conduct researchrhodium are the three major
in the use of precious metalsprecious metals currently
other than platinum,used in the in automotive
palladium and rhodium forcatalytic converters.
iki/CRS-RL31427use in automotive catalyticconverters.
leakRenewable Energy
://wikiProvisionCurrent LawSenateHouseComments
Enhanced renewableNo provision.Sec. 1221. The Secretary ofNo comparable provision.

energy research andthe Energy is required to
development conduct research,
development, demonstration,
and deployment projects on
renewable energy, including
wind, solar, biomass, and
geothermal energy. Special
projects include improving
electricity delivery to rural
and remote areas. A total of
$2.51 billion is authorized for
FY2003 through FY2006.

ProvisionCurrent LawSenateHouseComments
Distributed powerNo specific provision.Sec. 1221 (b)(9)(H). DOE isSec. 2121- 2128. DOE is
hybrid energy systemsdirected to conduct R,D&Drequired to develop a strategy
and deployment inand research program for
partnership with industry tocombinations of two or more
develop hybrid distributeddistributed power sources
energy systems that combine(microturbines, fuel cells,
two or more distributed or on-renewable energy equipment)
site generation technologies. that will jointly improve the
Further, Section 1221 (c)(2)overall reliability, efficiency,
calls for DOE demonstrationand environmental integrity
projects that combine windthese technologies. DOE is
power and coal gasificationcharged with creating a grant
technologies. Also, Sec. 1235program to develop micro-
iki/CRS-RL31427directs DOE to conductR,D&D on distributed energycogeneration equipment,including applications for
g/wsystems, including hybrids.residential uses. DOE is
s.ordirected to work with certain
leakprivate sector standards
organizations to develop
://wikivoluntary consensus standard
httpfor distributed energy
syste ms.

ProvisionCurrent LawSenateHouseComments
Bioenergy programsNo provision.Sec. 1222. The Secretary ofSecs. 2221-2225. The
Energy is required to conductDepartment of Energy is
research, development,authorized to conduct
demonstration, andresearch, development,
deployment projects ondemonstration, and
bioenergy, includingcommercialization projects on
biopower (electricity andbioenergy. For FY2002
process heat generation) andthrough FY2006, a total of
biofuels (liquid fuels, gaseous$307 million is authorized for
fuels, and industrialbiopower research, and $361
chemicals). For FY2003million for biofuels research.
through FY2006, a total of
$295 million is authorized for
iki/CRS-RL31427biopower research, and $281million for biofuels research.
s.orHydrogen research andThe Spark M. MatsunagaSec. 1223. The Act isSecs. 2201-2211. The Act is
leakdevelopmentHydrogen Research,amended to expand andamended to extend the
Development, andextend authorization forauthorization and promote the
://wikiDemonstration Act [42hydrogen research. Researchdemonstration of hydrogen as
httpU.S.C. 12401 et. seq.]would expand to include thea fuel for industrial,
provides for research onintegration of fuel cells andcommercial, residential,
hydrogen fuel.hydrogen production systems. transportation, and utility
A total of $290 million isapplications. For FY2002
authorized for FY2003through FY2006, $250
through FY2006.million is authorized for
research and development
projects, and $150 million for
demonstration projects.

ProvisionCurrent LawSenateHouseComments
Renewable and electricGeneral DOE authority.Various renewable energySec. 2261. Funding is
energy R&DR&D sections includeauthorized for renewable program operation and
maintenance. Funds may not
be used for Departmental
Energy Management or
Renewable Indian Energy
Resources. A new
collaborative research
program between DOE and
other federal agencies on
wave-powered electric
generation is established. The
iki/CRS-RL31427Secretary of Energy isdirected to assess the state of
g/wrenewable energy resources
s.orin the United States and issue
leaka report within a year of
enactme nt.


Fossil Energy
ProvisionCurrent LawSenateHouseComments
Coal and relatedCoal research is mentioned inSec. 1231. DOE shall conductSec. 2401. Funding is
technologiesvarious statutes anda balanced fossil energyauthorized for R&D programs
appropriated through theresearch, development,on coal and related
Interior and Related Agenciesdemonstration, andtechnologies. deployment
program. The program focus
includes reducing emissions
from fossil fuels, developing
offshore resources, and
enhancing domestic supply
and technology for
iki/CRS-RL31427independent producers.
g/wOil and gas R&DResearch and developmentSec. 1231. The DOE fossilSecs. 2421-2424. Funding is
s.orfunding for oil and gasenergy program shall includeauthorized for DOE oil and
leakprograms is appropriatedoil and gas R&D.gas research and
://wikithrough the Interior andRelated Agencies bill.development, and the InteriorDepartment must submit a
httpreport to Congress assessing
oil and gas reserves in the
Gulf of Mexico.

ProvisionCurrent LawSenateHouseComments
Enhanced fossil energyR&D for methane hydratesSec. 1231. The DOE fossilSecs. 2441-2451. The
research andand for reduced emissionsenergy program shall includeNational Energy Technology
developmentfrom fossil fuels has beenoffshore resources, includingLaboratory (NETL) and the
funded through the DOE’smethane hydrates.U.S. Geological Survey
Fossil Energy Program.(USGS) shall explore new
technologies for ultra-
deepwater exploration and
production for oil, gas and
methane hydrates. A research
organization shall be created
to award competitive grants.
An Ultra-Deepwater and
Unconventional Gas Research
iki/CRS-RL31427Fund shall be establishedfrom U.S. Treasury loans, oil
g/wand gas lease income, and
s.oradditional appropriations.
leakThese sections may be cited
as the “Natural Gas and Other
://wikiPetroleum Research,
httpDevelopment, and
Demonstration Act of 2001.”
Clean coal powerA Clean Coal Initiative wasSec. 1232. DOE shall carrySec. 5000-5008. The CleanIt is expected that $40 million
plantsestablished in FY2002 by theout projects to demonstrateCoal Power Initiative (CCPI)deferred from FY2002 will be
Bush Administration whichthe commercial applicationis established as anmade available in FY2003 to
essentially replaces the Cleanof advanced lignite and coalindustry/government costfund the existing CCTP.
Coal Technology Programbased technology for powersharing program toAccording to DOE’s Office
(CCTP), which began inplants.demonstrate advancedof Fossil Energy, the balance
FY1986. technologies with anof the programs funding will
emphasis on coal-basedeventually be obligated for
gasification projects. TheseCCTP.

sections may be cited as the
Clean Coal Power Initiative
Act of 2001.”

ProvisionCurrent LawSenateHouseComments
Safe and efficientCoal R&D in the DOE budgetSec. 1233. A federal-privateNo comparable provision.
mining technologiesis funded under the Fossilsector research partnership is
Energy Program.set up to establish research
priorities for advanced coal
mining technologies.
Ultra-deepwater andSame as above. See Sec. 1231Sec. 1234. DOE shallSecs. 2442-2451. TheThis program in the Senate
unconventional drilling of the Senate bill.establish a program toNational Energy Technologybill is related to the enhanced
conduct long-term R&D intoLaboratory (NETL) and thefossil R&D program in
ultra-deepwater developmentU.S. Geological SurveySenate Sec. 1231.
and environmental mitigation(USGS) shall explore new
technologies. technologies for ultra-
deepwater exploration.
iki/CRS-RL31427R&D for new naturalNo specific provisionSec. 1235. DOE shall conductNo comparable provision.
g/wgas transportationa comprehensive R&D
s.ortechnologies.program on natural gas
leaktransportation and distribution
technologies and distributed
://wikienergy systems.
httpOil, gas, and fuel cellGeneral DOE authority.Fossil fuel R&D fundingSec. 2481. Funding is
R&D authorizationauthorizations are included inauthorized for FY2002 to
various sections.FY2004 for operation and
maintenance for oil, gas, and
fuel cell R&D programs.
Funds in this section may not
be used for gas hydrates,
fossil energy environmental
restoration, or research,
development, demonstration,
and commercial application
on coal and related
t e c hno l o gi e s .

ProvisionCurrent LawSenateHouseComments
Office of Arctic EnergyOffice established by Sec.Sec. 1236. Funding isNo comparable provision.
authorization3197 of P.L. 106-398.authorized for the Office of
Arctic Energy.
Coal LeasingMineral Leasing Act of 1920No comparable provision.Secs. 6701-6704. The
(30 U.S.C. 181).Secretary of the Interior shall
not recover from applicants
the costs of processing coal
lease applications.
Clean coal technologyNo specific loan provision.Sec. 1237. Funding isNo comparable provision.
loanauthorized for a $125 million
loan to an experimental clean
coal plant.
s.orNuclear Energy
ProvisionCurrent LawSenateHouseComments
httpEnhanced nuclearDOE shall carry out andSec. 1241. DOE shallSec. 2344. Funding forGeneral authority for all DOE
energy research andsupport research andconduct an R&D program tooperation and maintenance ofnuclear energy R&D
developmentdevelopment activities relatedenhance nuclear energy. TheDOE nuclear energy R&Dactivities is provided by the
to nuclear energy (AEAprogram shall supportfacilities is authorized fromAtomic Energy Act of 1954
Section 31).improvements in existingFY2002 through FY2004.and the Department of Energy
commercial reactors, examineCertain nuclear constructionOrganization Act (P.L. 95-
advanced reactor designs,programs are authorized91).

attract new nuclear sciencethrough FY2005.
and engineering students, and
maintain isotope production
capability. Funding is
authorized for FY2003
through FY2006.

ProvisionCurrent LawSenateHouseComments
University nuclearDOE may provide grants andSec. 1242. DOE shall provideSecs. 2301-2304. DOE shallThe House and Senate
science andcontributions to the cost ofsupport to university nuclearestablish a program toprovisions would add new
engineering supportconstruction and operation ofscience and engineeringenhance human resources andstatutory requirements for the
university reactors (AEAprograms, including programsinfrastructure in nuclearexisting DOE University
Section 31).to help students and faculty,engineering and science. TheReactor Fuel Assistance and
helping to maintain universityprogram shall provideSupport Program.
reactors and infrastructure,graduate and undergraduate
and interaction betweenfellowships; assist in faculty
university nuclear programsrecruitment and retention;
and DOE nationalinvest in nuclear engineering
laboratories. Funding isand science research;
authorized for FY2003encourage collaborative
through FY2006.research; help maintain and
iki/CRS-RL31427operate university reactors;and conduct related activities.
g/wAppropriations are authorized
s.orfor FY2002 through FY2006.
://wikiNuclear EnergyNo specific authorization.Sec. 1243. From fundingSec. 2341. DOE shall provideNERI has been funded since
httpResearch Initiativeauthorized for Enhancedcompetitive, peer-reviewedFY1999 under guidance
Nuclear Energy Research andgrants under NERI forprovided by appropriations
Development (Section 1241),developing scientificreport language. The
DOE shall provide grantsbreakthroughs and otherprogram provides peer-
under the Nuclear Energyadvances in nuclear energyreviewed research grants to
Research Initiative (NERI).and reactor technology. universities, national
Funding is authorized forlaboratories, and industry.

FY2002 through FY2004.

ProvisionCurrent LawSenateHouseComments
Nuclear Energy PlantNo specific authorization.Sec. 1244. From amountsSec. 2342. Similar to SenateNEPO has been funded since
Optimization authorized under Sectionprovision; explicitly statesFY2000 under guidance
1241, DOE shall support athat the program is to beprovided by appropriations
Nuclear Energy Plantconducted jointly with thereport language.
Optimization (NEPO) grantsnuclear industry. Funding
program for projects toauthorized for FY2002
improve nuclear power plantthrough FY2004.
reliability, availability, and
productivity. The program
shall require industry cost-
sharing of at least 50%.
Nuclear energyNo specific authorization.Sec. 1245. From amountsSec. 2343. DOE shallThe programs authorized by
iki/CRS-RL31427technologydevelopmentauthorized under Section1241, DOE shall develop adevelop a plan for selecting atleast one “Generation IV”the House and Senateprovisions are similar to
g/w“technology roadmap forreactor design by the end ofDOE’s Nuclear Energy
s.ordesigning and developingFY2004 for demonstration byTechnologies Program, which
leaknew U.S. commercial nucleara public/private partnership. has been funded since
reactors. The roadmap shallAppropriations are authorizedFY2001 under guidance
://wikiinclude a study of advanced,from FY2002-FY2004.provided by appropriations
httpGeneration IV” reactorreport language.
designs to support a decision
on selecting the most
promising of those designs
for commercial deployment.
Uranium mining andNo specific authorization.No provision.Secs. 305-306. Research and
conversion R&Ddevelopment programs are
authorized on improved
technologies for uranium
mining and for the conversion
of mined uranium into
uranium hexafluoride.

Fundamental Energy Science
ProvisionCurrent LawSenateHouseComments
Authorization ofGeneral authority provided bySec. 1251. AppropriationsSec. 2581. Appropriations are
appropriations for theDOE Organization Act (P.L.are authorized for the Officeauthorized for the Office of
Office of Science95-91).of Science for fiscal yearScience for fiscal year 2002
2003 (an increase ofonly. Within the overall
approximately 20% above theauthorization, appropriations
2002 appropriation) andare authorized for research on
subsequent fiscal yearsprevious metal catalysts. In
through 2006 (annualaddition to the overall
increases of approximatelyauthorization, appropriations
10%). Broad programare authorized for five
direction is providedspecified construction
iki/CRS-RL31427regarding scientific scope, theprojects within the Office of
g/wrole of facilities, theScience. None of the
s.orimportance of certainconstruction funding may be
leakresearch areas, andused at DOE nuclear weapons
connections with thelaboratories or production
://wikiDepartments appliedprograms.facilities.
Office of ScienceNo specific provision.Sec. 1252. A nanoscience andNo similar provision.The bulk of this program
nanoscale science andnanoengineering R&Dwould currently fall within
engineering programprogram, including researchthe scope of the materials
centers and majorsciences subprogram of the
instrumentation, is establishedbasic energy sciences
within the Office of Science.program in the Office of
Appropriations for fiscalScience.

years 2003 through 2006 are
authorized as part of the
overall authorization given in
Sec. 1251.

ProvisionCurrent LawSenateHouseComments
Office of ScienceGeneral DOE authority.Sec. 1253. The Office ofNo similar provision.

advanced scientificScience advanced scientific
computing programcomputing program is
expanded to include, as well
as research, the deployment
of high-performance
computing and collaboration
tools for research in DOE
mission areas. Appropriations
are authorized for fiscal year
2003 (an increase of
approximately 75% above the
2002 appropriation) and for
iki/CRS-RL31427subsequent fiscal yearsthrough 2006.

ProvisionCurrent LawSenateHouseComments
Office of Science fusionGeneral DOE authority.Sec. 1254. The Secretary shallSec. 2501-2505 (FusionThe two bills differ somewhat
energy sciencessubmit an overall plan for theSciences Act of 2001).in their language requiring
programnuclear fusion program,The Secretary shall submit anplan development to include
including certain specifiedoverall plan for the fusionconsultation with advisory
objectives. In addition, theprogram, including thecommittees. The objectives
Secretary shall submit a planobjectives specified by thespecified for the overall plan
for construction of a burningSenate bill plus someas described would not
plasma experiment in theadditional objectives. Therequire a major departure
United States. If the SecretarySecretary shall submit a planfrom the scope of the current
makes certain findings, hefor construction of a burningprogram, but might require an
may also submit a plan forplasma experiment in theexpanded effort. A burning
U.S. participation in anUnited States and may submitplasma is one in which the
international burning plasmaa plan for U.S. participationenergy produced by fusion
iki/CRS-RL31427experiment. Appropriationsare authorized for fiscal yearin an international burningplasma experiment.exceeds the energy needed toheat the plasma to initiate
g/w2003 (an increase ofAppropriations are authorizedfusion and is sufficient to
s.orapproximately 35% above thefor fiscal years 2002 andsustain fusion conditions. A
leak2002 appropriation) and for2003 (at the same level as inburning plasma is a necessary
subsequent fiscal yearsthe Senate bill) but notstep toward development of a
://wikithrough 2006.subsequent years. Part of thefusion power plant. DOE is
httpauthorized appropriationsnot currently funding any
may be used to fund centersdesign or construction work
of excellence. Certainthat would lead to a burning
congressional findings areplasma experiment.

made regarding the status and
potential importance of fusion

ProvisionCurrent LawSenateHouseComments
Spallation NeutronNo specific authorization;No similar provision.Sec. 2521-2524.
Sourcefunded through Energy andAppropriations are authorized
Water Developmentfor the Spallation Neutron
Appropriations Acts sinceSource project in the Office
FY1999.of Science. The Secretary
shall report on the progress of
the project, including cost
considerations, along with the
annual budget submission.
Limits are set on total project
exp e nd itur e s.
iki/CRS-RL31427Strategy for facilitiesand infrastructure atNo provision.No similar provision.Secs. 2541-2542. DOE shalldevelop a strategy and 10-
g/wOffice of Scienceyear implementation plan for
s.ornonmilitaryits nonmilitary laboratories
leaklaboratoriesfor maintaining needed
existing facilities and
://wikiinfrastructure, closing
httpunneeded facilities,
making facility modifications,
and building new facilities.
Nonmilitary laboratories are
defined as specified labs or
those consistent with the
mission of the Office of

ProvisionCurrent LawSenateHouseComments
Public noticeNo provision.No similar provision.Sec. 2543. DOE shall provide
requirements for Officebroad public notice whenever
of Science user facilitiesit makes available a user
facility or seeks input about a
user facility from potential
users. Participation in the
establishment or operation of
a user facility shall be
determined by full and open
co mp etitio n.
Energy, Safety, and Environmental Protection
g/wProvisionCurrent LawSenateHouseComments
s.orEnergy infrastructureGeneral DOE authority.Sec. 1261. DOE shallSec. 2241-2243. TheThe Department of Energy
leakprotection andconduct a program forSecretary of Energy is(DOE) currently has a
://wikireliability research anddevelopmentresearch, development, anddeployment of technologiesdirected to develop andimplement a comprehensiveTransmission ReliabilityProgram under the Office of
httpto protect energyresearch, development,Power Technologies. The
infrastructure. demonstration, andTransmission Reliability
commercial applicationProgram conducts research to
program to ensure theimprove the reliablity of the
reliability, efficiency, andU.S. electric power system.
environmental integrity of theThe Programs appropriations
electric transmission system.for FY2002 is $4.5 million.

ProvisionCurrent LawSenateHouseComments
R&D for remediationNo specific provision.Sec. 1262. DOE shallNo provision.
of groundwater fromconduct research to improve
energy activitiesmethods for environmental
restoration of groundwater
contaminated by oil and gas
production and other energy
activities. Annual funding of
$10 million is authorized for
FY2003 through 2006.
Climate Change Science and Technology
g/wDepartment of Energy Programs
leakProvisionCurrent LawSenateHouseComments
://wikiDOE global changeNew program.Sec. 1301. DOE’s Office ofNo provision.

httpscience researchScience shall conduct a
comprehensive research
program to understand and
address the effects of energy
production and use on the
global climate system.
Activities shall include
climate modeling and
integrated assessment of
climate change effects on
economic and social systems.
Over four years, authorized
appropriations are $755
millio n.

ProvisionCurrent LawSenateHouseComments
Amendments to theThe Federal NonnuclearSec. 1302. The FederalNo provision.

Federal NonnuclearResearch and DevelopmentNonnuclear Research and
Research andAct of 1974 (42 U.S.C. 5905)Development Act of 1974 is
Development Act ofauthorizes a comprehensiveamended to add development
1974program of research,of greenhouse gas reduction,
development andremoval, and sequestration
demonstration of nonnucleartechnologies to its purposes,
energy resources to facilitatealong with pursuing a long-
their commercialization.term climate technology
strategy to demonstrate a
variety of technologies by
which stabilization of
greenhouse gases might be
iki/CRS-RL31427best achieved.

Department of Agriculture Programs
ProvisionCurrent LawSenateHouseComments
Carbon sequestrationNew program.Sec. 1311. The Secretary ofNo provision.

basic and appliedAgriculture is required to
researchstudy the net sequestration of
carbon by soils and plants,
and study the net greenhouse
gas emissions from
agriculture, including the
funding of basic research
through competitive grants.
Applied research, including
competitive research grants,
iki/CRS-RL31427shall include sequestration
g/wmethods and baseline
s.ormethodologies, among other
leakpriorities. The Secretary may
designate two research
://wikiconsortia to carry out required
httpresearch with up to 25% of
funding. Funding is
authorized at $25 million
annually for four years.

ProvisionCurrent LawSenateHouseComments
Carbon sequestrationNew program.Sec. 1312. The Secretary ofNo provision.
demonstration projectsAgriculture is required to
and outreach fund projects to demonstrate
the ability to monitor and
verify carbon sequestration,
and to educate farmers and
ranchers about the economic
and environmental benefits of
conservation practices that
increase sequestration.
Funding is authorized at $10
million annually for four
iki/CRS-RL31427Carbon storage andNew program.Sec. 1313. The Secretary ofNo provision.

g/wsequestrationAgriculture is required to
s.oraccounting researchfund research on carbon
leakstorage and sequestration
accounting models and other
://wikitools that can assist
httplandowners in quantifying
carbon release, sequestration,
and storage from various land
practices. Five entities shall
be competitively chosen for a
pilot program to demonstrate
and assess such tools in
developing sequestration
policies. Funding is
authorized at $20 million
annually for five years.

International Energy Technology Transfer
ProvisionCurrent LawSenateHouseComments
Clean energyNo provision.Sec. 1321. An InteragencyNo provision.

technology exportsWorking Group on Clean
program Energy Technology Exports
is established to focus on
opening and expanding
energy markets and
transferring clean energy
technology overseas.
Authorized activities include
analyzing opportunities for
international development,
iki/CRS-RL31427demonstration, and
g/wdeployment of clean energy
s.ortechnology, investigating
leakways to improve technology
transfer and technology
://wikiexports to foreign countries,
httpand making other assessments
and recommendations with
respect to the programs
implementation. Annual
reports on activities and
expenditures are required.

ProvisionCurrent LawSenateHouseComments
International energyNew program. Sec. 1322. Section 1608 ofNo provision.

technology deploymentthe 1992 Energy Policy Act is
programamended to include an
International Energy
Technology Deployment
Program. Projects deployed
in foreign countries that are
significantly more efficient
than conventional technology
in terms of greenhouse gases
produced per unit of energy
may be eligible for loans or
loan guarantees under the
iki/CRS-RL31427program. Such projectswould be cost-shared with the
g/whost country: 50% host
s.orcountry contribution in a
leakdeveloped county, 10%
contribution in a developing
://wikicountry. Funding is
httpauthorized at $100 million
annually for nine years.

Climate Change Science and Information
Amendments to the Global Change Research Act of 1990.
ProvisionCurrent LawSenateHouseComments
Amendments to the1990 Global ChangeSec. 1331-1333. Within theNo provision.
Global ChangeResearch Program Act (P.L.Global Change Research
Research Act of 1990101-606) establishes theProgram, the Committee on
Global Climate ResearchEarth and Environmental
Program aimed atSciences is renamed the
understanding and respondingCommittee on Global Change
to global change. (15 U.S.C.Research, and committee
2921 et. seq.)membership is specified at
the deputy secretary level. In
iki/CRS-RL31427addition, a subcommittee on
g/wglobal change research is
s.or estab lishe d .
Change in National 1990 Global ChangeSec. 1334. The Chairman ofNo provision.

://wikiGlobal ChangeResearch Program Actthe National Science and
httpResearch Planestablishes the GlobalClimate Research ProgramTechnology Council isrequired to develop a 10-year
aimed at understanding andstrategic plan for the United
responding to global change.States Global Climate Change
(15 U.S.C. 2934)Research Program and submit
that plan to Congress within
180 days of enactment. A
revised implementation plan
would also be submitted.

ProvisionCurrent LawSenateHouseComments
Integrated ProgramNew office.Sec. 1335. The GlobalNo provision.
Office Change Research Act of 1990
is amended to establish within
the Office of Science and
Technology Policy (OSTP)
an Integrated Program Office
to manage coordination and
integration of global change
research activities and
budgets, along with
identifying projects to fill
research gaps.
iki/CRS-RL31427Research grantsThe National Science andTechnology Council (NSTC)Sec. 1336. The NSTCCommittee on Global ChangeNo provision.

g/woversees the U.S. GlobalResearch shall list priority
s.orChange Research Programareas for research and
leak(15 U.S.C. 2935, EO 12881).development on climate
change that are not currently
://wikibeing addressed, and transmit
httpthat list to the National
Science Foundation. Funding
for NSF for priority areas is
authorized at $17 million
a nnua l l y.

ProvisionCurrent LawSenateHouseComments
Evaluation ofNSTC has the authority toSec. 1337. NSTC authority isNo provision.

informationevaluate scientific uncertaintyexpanded to include
associated with global climateassessment and evaluation of
change (15 U.S.C. 2936).all uncertainties and policy
implications associated with
global climate change.
Information generated is to be
evaluated by considering its
usefulness to local, state and
national decision makers and
other stakeholders.

National Climate Services Monitoring.
ProvisionCurrent LawSenateHouseComments
Amendment ofThe National ClimateSec. 1341-1345. TheNo provision.
National ClimateProgram Act (15 U.S.C. 2901National Climate Program
Program Actet seq.) requires developmentAct is amended to require the
of a national climate programSecretary of Commerce to
Changes in findingsto assist in understanding andsubmit to congressional
responding to climatecommittees an action plan for
Tools for regionalprocesses and theira National Climate Service.
planningimplications.The plan shall include
recommendations and
Authorization offunding estimates for a
Appropriationsnational center for climate
iki/CRS-RL31427National Climatemonitoring and predicting; anational coordinated
g/wService Planmodeling strategy; a program
s.orto ensure data quality and
leakdissemination; and
mechanisms to improve
://wikicoordination within
httpgovernment and with the
academic community.
International PacificNo specific provision.Sec. 1346. Funding for theNo provision.

research andNational Oceanic and
cooperationAtmospheric Administration
(NOAA), the National
Aeronautics and Space
Administration (NASA), and
the Pacific El Nino/Southern
Oscillation (ENSO)
Applications Center is
provided to study climate
variability in the Asia-Pacific
area in cooperation with the
countries in the region.

ProvisionCurrent LawSenateHouseComments
Reporting on trendsNo provision.Sec. 1347. As part of theNo provision.
National Climate Service, the
Secretary of Commerce is to
establish a comprehensive
atmospheric monitoring and
verification program, and
issue an annual report that
identifies trends on local,
regional, and national levels
along with individual or
multiple source emissions or
r e d uctio ns.
iki/CRS-RL31427Arctic research andpolicy15 U.S.C. 4102(d).Sec. 1348. The ArcticResearch and Policy Act isNo provision.
g/wamended to provide grants for
s.orarctic research and funds to
leakthe National Science
Foundation (NSF) and federal
://wikiagencies for arctic research.
Abrupt climate changeNo provision.Sec. 1349. Through NOAA,No provision.

researchthe Secretary of Commerce is
to conduct research on
potential abrupt climate
change. Funding is
authorized at $10 million
annually for six years.

Ocean and Coastal Observing System.
ProvisionCurrent LawSenateHouseComments
Oceans and coastalAuthorized under 10 U.S.C.Sec. 1351. Through theNo provision.
observing system7902(a), the National OceanNational Ocean Research
Research Leadership CouncilLeadership Council, the
prescribes policies andPresident shall establish and
procedures to implement themaintain an integrated ocean
National Oceanographicand coastal observing system
Partnership Program.for understanding, improving,
and protecting coastal and
marine ecosystems and other
iki/CRS-RL31427Authorization ofappropriationsNo provision.Sec. 1352. Funding isauthorized for an observingNo provision.

g/wsystem at $1.385 billion over
s.orfour years.

Climate Change Technology
ProvisionCurrent LawSenateHouseComments
NIST greenhouse gasAuthorized under theSec. 1361. The NationalNo provision.

functionsNational Institute ofInstitute of Standards and
Standards and TechnologyTechnology Act is amended
Act (15 U.S.C. 272), theto include research to develop
National Institute ofenhanced measurements,
Standards and Technologycalibrations, standards, and
(NIST) conducts activities totechnologies to enable
enhance industrialreduced production of
competitiveness and is thegreenhouse gases.
lead laboratory for providing
measurement and calibrations
iki/CRS-RL31427to underpin technological
g/w progress.

ProvisionCurrent LawSenateHouseComments
Development of newSee above.Sec. 1362-1363. TheNo provision.

measurementSecretary of Commerce shall
technologiesinitiate a program to develop
innovative standards and
Enhancedtechnologies for calculating
environmentalgreenhouse gas emissions and
measurements andreductions from various
standardssources. The National
Institute of Standards and
Technology Act is amended
to establish within the
Institute a program to perform
and support research on
iki/CRS-RL31427global climate changestandards and processes,
g/wfocused on providing
s.orknowledge applicable to
leakreducing greenhouse gases.
Activities include developing
://wikienhanced monitoring and
httpmodeling standards; assisting
the development of a baseline
for future greenhouse gas
emissions trading, including
international trading; and
assisting in developing
improved industrial processes
designed to reduce or
eliminate greenhouse gases.
This effort shall include using
the expertise of the National
Measurement Laboratories of
the National Institute of
Standards and Technology.

ProvisionCurrent LawSenateHouseComments
TechnologySee above.Sec. 1364. The Director ofNo provision.
development andthe National Institute of
diffusionStandards and Technology
may develop a program to
support implementation of
newgreen” manufacturing
technologies by the more than
380,000 small manufacturers.
Authorization ofNo current authorization.Sec. 1365. Funding isNo provision.
appropriationsauthorized for NISTs new
global warming activities at
$10 million annually for five
iki/CRS-RL31427 years.
s.orClimate Adaptation and Hazards Prevention
Assessment and Adaptation.
httpProvisionCurrent LawSenateHouseComments
Regional ClimateNew program.Sec. 1371. The PresidentNo provision.

Assessment andshall establish within the
Adaptation ProgramDepartment of Commerce a
National Climate Change
Vulnerability and Adaptation
Program for regional impacts
of global climate change.
The program shall submit a
report to Congress within 2
years on recommended
mitigation strategies and
programs. Funding is
authorized at $4.5 million.

ProvisionCurrent LawSenateHouseComments
Coastal vulnerabilityNo provision.Sec. 1372. The Secretary ofNo provision.
and adaptationCommerce shall conduct
regional assessments of
coastal vulnerability to
climate change within two
years of enactment, and
submit to Congress regional
adaptation plans to address
those impacts within 3 years
of enactment. Matching
funds to assist coastal
adaptation programs shall be
provided based on the
iki/CRS-RL31427formula established in theCoastal Zone Management
g/wAct of 1972. A coastal
s.orresponse pilot program is also
leakauthorized. Funding for the
regional assessments and
://wikigrant program is authorized at
http$3million each, annually.
Barrow ArcticNew program.Sec. 1373. The Secretary ofNo provision.

Research CenterCommerce shall establish a
Barrow Arctic Research
Center to support interagency
climate change and arctic
research, authorized at $35
millio n.

Forecasting and Planning Pilot Programs.
ProvisionCurrent LawSenateHouseComments
Remote sensing pilotNew program.Sec. 1381-1382, 1384. TheNo provision.
projectsNational Aeronautics and
Space Administration
Database establishment(NASA) may establish a
competitive grant program
Definitionsthrough NOAAs Coastal
Services Center for pilot
projects to explore the
integrated use of remote
sensing and other geospatial
information to address
iki/CRS-RL31427governmental adaptationneeds to forecast coastal zone
g/wand land use changes from
s.orglobal climate change.
://wikiAir quality research,forecasts and warningsNo provision.Sec. 1383, 1385. NOAA isrequired to conduct regionalNo provision.

httpstudies and assessment of the
Authorization ofeffects of transported and
appropriationstransformed air pollutants. In
addition, NOAA is to
establish a program to
provide regional air quality
forecasts and warnings.
Funding for the studies is
authorized at $3 million
annually for four years, and
funding for the warning
system is authorized at $5
million for FY2003 and such
sums as necessary for
subsequent years.

Management of DOE Science and Technology Programs
ProvisionCurrent LawSenateHouseComments
Definitions No provision.Sec. 1401. The termsingle-No similar provision.
purpose research facility
includes 15 named DOE-
owned facilities and any
similar DOE organization
designated as such by the
Availability ofNo provision.Sec. 1402. AppropriationsNo similar provision.
appropriated fundsauthorized under titles XII
(energy R&D), XIII (climate
iki/CRS-RL31427change R&D), and XV
g/w(traineeships and fellowships)
s.orshall remain available until
leak expend ed.
://wikiCost sharing forapplied energy R&DNo specific provision; variousenergy statutes include cost-Sec. 1403. Cost-sharing isrequired for DOE projects inSec. 2603. Requirements arethe same as in the Senate bill
httpsharing efficiency R&D,but also include R&D in the
renewable energy R&D,Office of Science, unless
fossil energy R&D, andwaived by the Secretary
nuclear energy R&D. Thebecause the R&D is basic or
non-federal share must be atfundamental in nature.

least 20% for research and
development projects and at
least 50% for demonstration
and deployment projects. The
Secretary may waive or
reduce these requirements
under certain conditions.

ProvisionCurrent LawSenateHouseComments
Merit review ofNo specific provision.Sec. 1404. An independentNo similar provision.
proposalsreview of scientific and
technical merit shall be
conducted before a proposal
can be funded from
appropriations authorized
under title XII (energy R&D),
subtitle A of title XIII (DOE
climate change R&D), or title
XV (traineeships and
fe llo wship s) .
External technicalGeneral authority forSec. 1405. Advisory boardsSec. 2616. The Secretary shall
iki/CRS-RL31427review of R&Dprogramsadvisory committees isprovided by 42 U.S.C. 7234.shall be established for DOER&D programs in energyarrange with the NationalAcademy of Sciences and the
g/wefficiency, renewable energy,National Academy of
s.orfossil energy, nuclear energy,Engineering to review, at
leakand climate changeleast every five years, DOE
technology. The requirementR&D programs in energy
://wikimay be met by existing DOEefficiency, renewable energy,
httpboards or by boardsfossil energy, nuclear energy,
established by the Nationaland science.

Academy of Sciences.
Existing advisory committees
shall continue for R&D
programs of the Office of

ProvisionCurrent LawSenateHouseComments
Organization andDOE’s administrativeSec. 1406. The new positionSec. 2561-2562. The DirectorThe DOE Office of Science
management of civilianstructure is governed by theof DOE Under Secretary forof the White House Office offunds more physical science
science and technologyDepartment of EnergyEnergy and Science isScience and Technologybasic research than any other
programsOrganization Act (42 U.S.C.established, with authorityPolicy (OSTP) shall establishfederal agency. It is also the
7132).over the assistant secretariesan advisory panel to addressthird largest funder of basic
responsible for energy R&D,issues about the status of theresearch overall. Many in the
energy technology, andOffice of Science, look atscientific community believe
science, and to serve asorganizational options for thethat the DOE Office of
science and technologyOffice within DOE, andScience has not fared as well
advisor to the Secretary. Thesuggest ways to strengthenas the other major basic
Director of the Office ofscientific research supportedresearch funding agencies
Science shall become anby the Office. The advisoryNSF, NASA, and NIH —
assistant secretary, whilepanel shall deliver its reportbecause its status in DOE is
iki/CRS-RL31427certain advisoryresponsibilities are transferredwithin six months ofenactment to the OSTPtoo low.

g/wto the new under secretary.Director and DOE Secretary,
s.orAn additional assistantand they shall deliver the
leaksecretary position is created,report to Congress with their
and it is the sense of thecomments within nine months
://wikiSenate that leadership forof enactment.
httpDOE missions in nuclear
energy should be at the
assistant secretary level.

ProvisionCurrent LawSenateHouseComments
Improved coordinationNo specific provision.Sec. 1407. A TechnologyNo similar provision.
of technology transferPartnership Working Group is
activitiesestablished, consisting of
representatives of the DOE
national laboratories and
single-purpose research
facilities, to coordinate
technology transfer. A
Technology Transfer
Coordinator is established
to oversee DOE technology
transfer activities and
coordinate the activities of the
iki/CRS-RL31427Technology PartnershipWorking Group.
s.orTechnologyNo specific provision.Sec. 1408. A program isNo similar provision.

leakinfrastructure programestablished to help national
laboratories and single-
://wikipurpose research facilities
httpstimulate the development of
technology clusters, “leverage
and benefit from
commercial activities, and
exchange scientific and
technological expertise with
other organizations. A report
must be submitted by
January 1, 2004, on whether
the program should continue
and, if so, how it should
be managed.

ProvisionCurrent LawSenateHouseComments
Small businessNo provision.Sec. 1409. A smallNo similar provision.
advocacy andbusiness assistance program
assistanceis established. A small
business advocate must be
appointed at each national
laboratory and, if directed by
the Secretary, at each single-
purpose research facility.
Other transactions42 U.S.C. 7256.Sec. 1410. DOE may useSec. 2601(b). DOE may useOther transactions are used by
authorityother transactions to fundcontracts, cooperativethe Department of Defense
research projects when (1) aagreements, cooperativeand certain other agencies
standard contract, grant, orresearch and developmentprimarily to fund research by
iki/CRS-RL31427cooperative agreement wouldbe infeasible or inappropriate,agreements (CRADAs),grants, joint ventures, andprivate-sector companies.They permit the terms of the
g/w(2) the research to beany other form of agreementtransaction to be negotiated
s.orsupported does not duplicateavailable to the Secretaryfreely between the agency
leakexisting DOE programs, andunder existing law — but notand the company. Certain
(3) government funds are halfother transactions — to fundprovisions required by federal
://wikior less of the total funding forresearch for standard contracts and
httpthe project. Thesegrants, including provisions
transactions shall be exemptrelating to intellectual
from the patent rights andproperty, are not required for
invention reportingother transactions. Opponents
requirements of 42 U.S.C.of giving other transactions
5908, and DOE shall notauthority to DOE are
disclose confidentialuncomfortable with this
information submitted byexemption. Advocates argue
non-federal participants orthat existing alternatives are
developed as part of aill-suited for funding and
supported project.managing large R&D
Guidelines for theseconsortia whose members
transactions must behave complex intellectual relationships.

ProvisionCurrent LawSenateHouseComments
Mobility of scientificNo provision.Sec. 1411. TheNo similar provision.
and technical personnelTechnology Transfer
Coordinator (established by
Sec. 1407) must prepare a
report on disincentives to the
transfer of scientific and
technical personnel among
the contractor-operated
national laboratories and
single-purpose research
National Academy ofNo provision.Sec. 1412. The NationalNo similar provision.
iki/CRS-RL31427Sciences report onaccelerating energyAcademy of Sciences mustprepare a study on
g/wresearchaccelerating the cycle of
s.orenergy technology research,
leakdevelopment, and
httpReport on technologyNo provision.Sec. 1413. The TechnologyNo similar provision.

readiness and barriersPartnership Working Group
to technology transfer(established by Section 1407)
must issue biennial reports on
barriers to technology
transfer, ways to lower them,
and the readiness for
technology transfer of
technologies developed under
the DOE energy efficiency,
renewable energy, fossil
energy, and nuclear energy

ProvisionCurrent LawSenateHouseComments
United States-MexicoNo provision.Sec. 1414. Establishes aNo similar provision.

energy technologycollaborative RD&D program
cooperationin the DOE Office of
Environmental Management
to promote energy-efficient,
environmentally sound
economic development along
the United States-Mexico

ProvisionCurrent LawSenateHouseComments
General provisions forNo existing requirement.Some parts are comparable toSec. 2601-2605. DOE is
DOESenate sections describedauthorized to use contracts,
above.cooperative agreements,
grants, and joint ventures to
engage private industry in the
conduct of its work. Further,
DOE is required to provide
information outreach about
research and technology
developments to
manufacturers, consumers,
state and local governments,
and other parties. DOE is
iki/CRS-RL31427required to use competitiveprocedures to seek parties for
g/wmanagement and operations
s.orcontracts. For partnerships
leakwith the private sector, R&D
projects require a 20%
://wikiminimum cost-share from
httpprivate partners, and
demonstration projects
require a 50% minimum.
Reprogramming of DOE
funds is allowed only if prior
notification is given to
Congress and other certain
funding constraints are
fo llo we d .

ProvisionCurrent LawSenateHouseComments
Other miscellaneousNo existing requirement.Some parts are comparable toSec. 2611-2616. Prior
provisions the Senate sections describednotification to Congress is
above.required before DOE may
implement reorganization of
any programs. For any
civilian construction project
without a specific funding
level, but estimated to exceed
$5 million, DOE must report
to Congress on the need and
cost for the project. For a
civilian project with a specific
funding level, but for which
iki/CRS-RL31427the cost estimate exceedsauthorized funding by more
g/wthan 10%, the project may be
s.orhalted before construction
leakstarts. Also, DOE must
complete a conceptual design
://wikibefore requesting funds to
httpbuild a project estimated at
more than $5 million.
Further, if the design study
will cost more than $750,000,
DOE must request design
funds before seeking
construction funds. Certain
reports initiated by the Report
of the National Energy Policy
Development Group are
required, upon their
completion, to be transmitted
to Congress. Also, DOE is
required to seek periodic
reviews and assessments of its
programs by the National

Personnel and Training
ProvisionCurrent LawSenateHouseComments
Workforce trends inNo provision.Sec. 1501. The EnergyNo similar provision.
the energy industry Information Administration
and traineeship grantsshall monitor trends in the
in areas of personnelenergy industry technical
shortfallworkforce, include statistics
on these trends in its annual
reports, and report to
Congress when a significant
personnel shortfall occurs or
is forecast. A grant program
is created for training
iki/CRS-RL31427technical personnel in
g/wshortfall areas.
leakPostdoctoral and seniorNo specific provision.Sec. 1502. A program ofNo similar provision.The National Academy of
research fellowships inpostdoctoral fellowships inScience currently administers
://wikienergy researchenergy R&D is established.postdoctoral fellowship
httpThe Secretary may arrangefor this program toprograms for several federalagencies.
be administered by the
National Academy of
Sciences. A program of
senior research fellowships in
energy R&D is also
estab lishe d .
Training guidelines forNone.Sec. 1503. DOE must workNo similar provision

electric energy industrywith utilities and unions to
personnelcreate model employee
training guidelines to increase
electric reliability.

ProvisionCurrent LawSenateHouseComments
National Center onNo provision.Sec. 1504. DOE is required toSec. 125. DOE is required toWhile the Senate and House
Energy Managementestablish a center to providecreate an Advanced Buildingprovisions are related, they
and Buildingresearch, education, andEfficiency Test Program, ledare quite different.
Technologiestraining for improvedby a university, that would
building energy efficiencydevelop, test and demonstrate
and indoor air quality.innovative technologies.
Also, Sec. 2181 directs the
Office of Science and
Technology Policy to create
an interagency group to
conduct a National Building
Performance Initiative that
sets out a plan to reduce
iki/CRS-RL31427building energy costs by30%.
s.orImproved access forNo provision.Sec. 1505. DOE educationNo similar provision.

leakwomen and minoritiesprograms must give priority
to energy-relatedto activities that encourage
://wikiscientific and technicalwomen and minorities to
httpcareerspursue scientific and technical
careers. DOE national
laboratories (and other DOE
science facilities if so directed
by the Secretary) must
increase the participation of
historically black colleges and
universities, Hispanic-serving
institutions, and tribal
colleges in activities such as
research, equipment transfer,
training, and mentoring. DOE
is to report on activities under
this section within two years.

ProvisionCurrent LawSenateHouseComments
National Power PlantNone.Sec. 1506. DOE mustNo similar provision
Operations Technologyestablish a center to conduct
and Education Centertraining and certification of
operators at electric power
generating plants.
Federal mineThe Secretary of Labor usesSec. 1507. To maintain aNo provision.Many of the nation’s mine
inspectorsthe Mine Safety and Healthsufficient number of qualifiedinspectors are eligible or soon
Administration (MSHA, 29mine inspectors, theeligible to