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








Prepared for Members and Committees of Congress



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






In the first session of the 110th Congress, the House and the Senate passed very different versions
of omnibus energy legislation. The House originally passed H.R. 6 in January 2007. The Senate
passed an amended version in June 2007. In August 2007, the House passed a new and broader-
ranging omnibus energy bill, H.R. 3221. On December 6, 2007, the House substituted the
Senate’s text of H.R. 6 with an amendment containing many provisions from H.R. 3221 and some
from Senate-passed H.R. 6. The Senate, then, on December 13, concurred with the House-passed
version but eliminated controversial provisions taking away tax incentives for the oil industry and
setting a minimum standard for renewable energy in electricity generation. This report compares
climate-related provisions in the current energy legislation. The provisions covered in this report
were identical in the versions of H.R. 6 passed by the House on December 6 and the Senate on
December 13.
Most provisions in the current version of H.R. 6, originated in the House-passed H.R. 3221,
although many provisions in H.R. 3221 that specifically addressed climate change or greenhouse
gas emissions were omitted. Provisions previously passed by the House but now omitted from
H.R. 6 include: statements of federal climate change policy; repeal and replacement of the U.S.
Global Change Research Program; assessment of climate change impacts and adaptation
strategies; and required reductions of greenhouse gases (GHG) by federal agencies.
While virtually all energy provisions have implications for GHG emissions or technology
development, H.R. 6, as passed by the House on December 6, 2007, and the Senate on December

13, includes several provisions that specifically address climate change or greenhouse gases.


These climate-specific provisions in the latest versions of H.R. 6 include:
• measures to promote GHG reducing technologies1 overseas,
• assessments of geological and terrestrial carbon sequestration,
• establishment of an Office of Climate Change and Environment in the
Department of Transportation, and
• an audit of the U.S. tax code to estimate the magnitude of impacts of its
provisions on GHG emissions.
This report compares provisions specifically directed at climate change topics in recently passed
omnibus energy legislation. The provisions covered in this report are identical in the versions of
H.R. 6 that passed the House on December 6 and the Senate on December 13. (For legislation on
energy efficiency and renewable energy, see CRS Report RL33831, Energy Efficiency and th
Renewable Energy Legislation in the 110 Congress, by Fred Sissine, Lynn J. Cunningham, and
Mark Gurevitz.) A side-by-side comparison follows of House-passed H.R. 3221 with H.R. 6
(passed by the Senate 6/21/2007; by the House 12/6/2007 and the Senate 12/14/2007). The
headings used in the side-by-side table are those in the latest-passed bill, H.R. 6 as passed by the
House on December 6, 2007.

1 The termclean and efficient energy is defined in House-passed H.R. 6 Title IX as technology that will, inter alia,
reduce GHG emissions compared to technologies in widespread commercial use in a recipient country.





Table 1. Climate Change Provisions in H.R. 3221 and H.R. 6
H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
ENERGY INDEPENDENCE AND SECURITY ACT OF 2007
CRS Experts: Susan Fletcher (sfletcher@crs.loc.gov; 7-7231); Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
TITLE II, United States Policy on No comparable provision. Like the Senate-passed H.R. 6, House-The United States rejected the Kyoto Protocol, with
Global Climate Change, Subtitle A, passed H.R. 6 omitted this provision. commitments by industrialized countries to reduce
Sec. 2102 contains Congressional GHG emissions, because it did not contain
Statement of Policy. The United States commitments by large developing country emitters (e.g.,
will take a leadership role, participating China) and it was perceived to be too costly.
more actively and constructively in the The United States continues to participate in UNFCCC
intergovernmental climate change negotiations (parent treaty of the Protocol), but insists
process, and seek to obtain mitigation that negotiations towards a post-2012 treaty should not
commitments from all major include binding commitments to reduce GHG. President
greenhouse gas (GHG) emitting Bush initiated a high-level dialogue on climate change
iki/CRS-RL34282countries under the United Nations with major GHG-emitting nations, parallel to the
g/wFramework Convention on Climate UNFCCC negotiations, beginning September 2007 in
s.orChange (UNFCCC). The United States Washington, DC, to run through 2008. Both President
leakis to serve this goal by engaging in high level dialogue on climate change with Bush’s policy and the U.N. have a goal of reaching
agreement on a global treaty in 2009.
://wikithe Group of 8 (G-8), China, India, Brazil, and others. While protecting
httpU.S. national and economic interests
and U.S. competitiveness, the United
States is to participate in negotiation of
a new agreement under the UNFCCC
that would include binding mitigation
commitments from all major emitting
countries, and address the need for
adaptation.
Sec. 2103 establishes an Office on No comparable provision. Omitted.


Global Climate Change within the
Dept. of State, headed by an
Ambassador-at-Large to advance U.S.
goals concerning reducing emissions of
GHGs and serve as a principal adviser
to the President and Secretary of State
on climate change policy.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Assistance to Promote Clean and Efficient Energy Technologies in Foreign Countries
CRS Experts: Susan Fletcher (sfletcher@crs.loc.gov; 7-7231); Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
Subtitle B, Sec. 2201, Congressional No comparable provision. Title IX omits the Congressional The U.S. Government’s Asia-Pacific Partnership on
Findings, reviews existing authorities Findings of H.R. 3221 and references Clean Development and Climate (APP) was launched by
and notes inadequate funding. It to the Asia-Pacific Partnership on President G.W. Bush as a major initiative to address
recognizes the U.S. Government’s Clean Development and Climate. It climate change internationally, outside of the UN FCCC
Asia-Pacific Partnership on Clean defines “clean and efficient energy and Kyoto Protocol framework. It currently includes the
Development and Climate, but as a technology” as technology that will, United States, Australia, Canada, China, India, Japan and
non-binding framework that does not inter alia, reduce greenhouse gas South Korea. Its website describes the APP’s focus as
require GHG emissions reductions emissions compared to technologies “expanding investment and trade in cleaner energy
from the six partnership countries. in widespread commercial use in a technologies, goods and services in key market sectors.”
Sec. 2202, United States Assistance for recipient country. http://www.asiapacificpartnership.org


Developing Countries, authorizes $200 Sec. 911 is the same as H.R. 3221 Sec.
million annually for the U.S. Agency for 2202.
iki/CRS-RL34282International Development (AID) over
g/wthe fiscal years 2008 - 2012 to support
s.orpolicies and programs in developing
leakcountries that promote clean and efficient energy technologies, and to
://wikipromote the use of American-made clean and efficient energy technologies
httpproducts, and energy and
environmental management services.
The Administrator of U.S. AID is to
submit an annual report on the
implementation.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Sections 2203-2206 outline steps to be No comparable provision. Secs. 912-913 are the same as H.R.


taken by (1) the Secretary of 3221‘s section 2203-2204.
Commerce through the U.S. Foreign Sec. 914 omits the Congressional
Commercial Service and the Findings but includes H.R. 3221‘s
International Trade Administration, (2) Sense of the Congress that OPIC
the Overseas Private Investment should promote greater investment in
Corporation (OPIC), and (3) the U.S. clean and efficient energy
Trade and Development Agency to technologies, and related actions.
promote the use of clean and efficient
energy technologies, and to give Sec. 915 is nearly the same as Sec.
preferential treatment to projects 2206 of H.R. 3221, but softens the
promoting these goals and U.S. preference to be given to clean and
exports to meet them. The Secretary efficient technologies by the Trade and
shall submit annual reports in 2008-Development Agency.
2012. Authorizes sums as may be
iki/CRS-RL34282necessary in each fiscal year of 2008-2012.
g/w
s.or
leak
://wiki
http



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Sec. 2208 requires the President to No comparable provision. Sec. 916 requires the President to
provide assistance to the Interagency establish within 90 days a Task Force
Working Group to Support a Clean on International Cooperation for
Energy Technology Exports Initiative, Clean and Efficient Energy
in accord with its five-year strategic Technologies. Within 1 year, the Task
plan (2002). Requires an annual report Force shall submit a strategy to
to Congress on implementation. promote adoption, and to facilitate the
Authorizes $5 million for each fiscal export, of clean and efficient energy
year 2008-2012. technologies in major developing
countries, and to develop related
financial instruments and mechanisms,
consistent with the rules of the World
Trade Organization. The strategy shall
be updated every 3 years. The Task
Force shall also establish an
iki/CRS-RL34282Interagency Working Group, which shall establish an Interagency Center
g/won the Export of Clean and Efficient
s.orEnergy Technologies. The Task Force
leakshall terminate in 12 years. Requires a
triennial report to Congress.
://wikiAuthorizes $5 million for each fiscal year 2008 - 2020.
http
Sec. 2207, the Global Climate Change No comparable provision. Omitted.


Exchange Program, authorizes the
Secretary of State to establish a
program to strengthen research and
educational exchange, and international
cooperation to reduce GHG emissions
and address challenges posed by
climate change. An annual report is
required on implementation of this
program, and $3 million annually is
authorized for each fiscal year 2008 -
2012.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Sec. 2209 requires a report within 180 No comparable provision. Omitted.
days after enactment on the impact of
global climate change on developing
countries. It must contain an
assessment of current and anticipated
needs of developing countries to
adapt, and a strategy to meet those
needs, including U.S. assistance, and
identifying funding sources.
International Clean Energy Foundation
CRS Experts: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
Subtitle C establishes an International No comparable provision. Subtitle B establishes an International


Clean Energy Foundation as a Clean Energy Foundation as a
government corporation, to serve government corporation, to serve
iki/CRS-RL34282foreign policy and energy goals of foreign policy and energy goals of
g/wreducing GHG emissions. The reducing GHG emissions. It is nearly
s.orFoundation shall, inter alia, make grants identical to Subtitle C of H.R. 3221. In
leakto projects demonstrating technologies, processes and services to Sec. 923(6), the Foundation shall give preferences to entities incorporated in
://wikireduce GHG emissions; solicit additional funding from other the United States and whose technologies will be substantially
httpgovernments; create a repository of manufactured in the United States.
information on best practices; and Authorizes $20 million in each fiscal
promote American-made energy year 2009-2013.
technologies. An annual report to
Congress is required regarding
implementation in the prior fiscal year.
Authorizes $20 million in each fiscal
year 2008-2012.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
SCIENCE AND TECHNOLOGY
Advanced Research Projects Agency-Energy
CRS Expert: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
Title IV, Subtitle A establishes the No comparable provision. Omitted.


Advanced Research Projects Agency-
Energy (ARPA-E), reporting to the
Secretary of the Department of Energy
(DOE), to conduct long-term and high
risk research on novel energy
technologies. Goals include reducing
greenhouse gases. Establishes in the
Department of the Treasury an Energy
Transformation Acceleration Fund
with authorization for $3 million for
iki/CRS-RL34282FY2008, rising to $1.3 billion in 2012. ARPA-E is to be evaluated within 6.5
g/wyears.
s.or
leak
://wiki
http



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Carbon Capture and Storage
CRS Expert: Peter Folger (pfolger@crs.loc.gov; 7-1517)
Title IV, Subtitle F expands the DOE Title III of H.R. 6 is similar to Title VII, Subtitle A is similar to Title H.R. 6 does not include an NAS review of the DOE
program for carbon capture to include Title IV, Subtitle F of H.R. 3221. IV, Subtitle F of H.R. 3221, but it programs, or establish a university-based grant program
R&D for carbon storage and It expands the DOE program to specifically excludes tests conducted for geological sequestration science. H.R. 6 does not
demonstration. DOE would conduct 7 include carbon storage and for the FutureGen project. Also, it require that the EPA Administrator conduct research
initial large-volume sequestration tests, carbon capture demonstration does not set a limit for the number of that determines procedures necessary to assess impacts
preferably using carbon dioxide from projects. large-scale carbon capture of CO2 capture and sequestration on public health and
large industrial or electricity-generating demonstration tests. safety and on the environment. H.R. 3221 authorizes a
sources, and would conduct at least 3 Title VII also states that nothing in higher level of appropriations for programs under Title
large-scale carbon capture Subtitle A authorizes promulgation of IV, Subtitle F than H.R. 6.
demonstration tests from industrial any requirement that conflicts with or See also provisions on geological and terrestrial
sources of CO2. Beginning in 2011, the is inconsistent with the Safe Drinking sequestration assessment and activities, below.


National Academy of Sciences (NAS) Water Act. H.R. 6 authorizes slightly
iki/CRS-RL34282would review the large-scale sequestration and capture programs. higher appropriations for Subtitle A
g/wThe Environmental Protection Agency compared to the similar provision in
s.or(EPA) would conduct a research H.R. 3221. Authorizes $240 million in
leakprogram to assess potential impacts of each fiscal year 2008-2012 for Sec. 702 demonstration and testing, and
CO2 storage on the environment, $200 million for Sec. 703, large scale
://wikipublic health, and safety associated carbon capture for each fiscal year
httpwith capture and sequestration. A grant program for graduate degrees in 2009-2013. Another $1 million is
geological sequestration science would authorized for Sec. 705 training and research, and $5 million “in each fiscal
be established. year” for safety research. Sec. 708
authorizes $10 million for a grant
program to universities for research
and development.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Global Change Research
CRS Expert: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
Subtitle G repeals and replaces P.L. No comparable provision. Omitted. “Global change” in H.R. 3221 includes climate change
101-606, the Global Change Research Sec. 306, Assessment of Carbon and other environmental changes that are global in
Act of 1990. Continues existing U.S. Sequestration and Methane and scope. Compared to existing law, H.R. 3221 makes the
Global Change Research Program Nitrous Oxide Emissions from USGCRP more operational and policy-oriented.
(USGCRP), but under lead of the Terrestrial Ecosystem, and Sec. Increases the role of potential decision-makers in
White House Office of Science and 307, Abrupt Climate Change program design. Adds data management to federal
Technology Policy, with authority to Research Program, are related agency missions and establishes federal global change
“allocate” funds. Directs the President but narrower provisions data policies. Includes functions that may not be
to establish an “interagency regarding specific research tasks considered “research” under the existing program, such
committee” and develop the National in H.R. 6. as: operational data acquisition and management; user or
Global Change Research Plan (“the client services; and policy assessment. H.R. 6 moves
Plan”). The Global Change Research budget coordination and reporting from the interagency
iki/CRS-RL34282Program (“the Program”) implements the Plan. Requires that the research committee to the President.
g/wprogram (1) respond to information
s.orneeds of communities and decision-
leakmakers [Sec. 4614(a)], (2) periodically
assess vulnerabilities to global change
://wiki[Sec. 4617]; (3) periodically assess
httppolicy options to mitigate or adapt to the effects of global change [Sec. 4618]
and (4) report annually to Congress
[Sec. 4619]. Widens the scope of
“research” by adding economic and
demographic research. Establishes
Climate and Other Global Data
Management, including an interagency
working group [Sec. 4633], and a
Global Change Research Information
Exchange [Sec. 4622].
Subtitle G requires studies and reports No comparable provision. Omitted.


to Congress on Ice Sheets [Sec. 4623]
and on Hurricane Frequency and
Intensity [Sec. 4624], within 18 months
after enactment.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Subtitle H, Sec. 4701, establishes No comparable provision. Sec. 654 is similar to provisions in The H-Prize program was under Global Change
competitive, cash “H-Prizes” for H.R. 3221. Research in H.R. 3221 but appears under Title VI—
advancing hydrogen power [Sec. 4701], Accelerated Research and Development of House-
with reporting to Congress on awards passed H.R. 6.
given. Funding comes from
appropriations and sums to be raised
from private entities and individuals by
the private, non-profit entity
administering the competitions. The
authority to announce prize
competitions ends on Sept. 30, 2018.
CARBON-NEUTRAL GOVERNMENT
Federal Government Inventory and Management of Greenhouse Gas Emissions
CRS Expert: Jane Leggett (jaleggett@crs.loc.gov; 7-9525)
iki/CRS-RL34282Title VI Subtitle A requires each No comparable provision. Omitted. See separate, related provisions in both bills on
g/wfederal agency to annually report its modifications to the U.S. Capitol power plant to reduce
s.orGHG emissions for the preceding year, its GHG emissions, described elsewhere in this matrix.


leakincluding those due to work performed by contractors, and all air
://wikitravel [Sec. 6101]. The Administrator of the EPA shall promulgate annual
httpGHG reduction targets for each
agency for 2010-2050, to achieve zero
net GHG emissions by FY2050 [Sec.
6102]. Each agency submits plans and
manages its GHG emissions to achieve
its targets [Sec. 6102(d) and (e)], and
submits annual efficiency status reports
to the Director of OMB [Sec. 6209].



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Title VI Subtitle A allows agencies to No comparable provision. Omitted.
achieve their targets in part through
GHG offsets in FY2015 if no national
mandatory economy-wide cap-and-
trade program has been enacted by
2010. Authorizes agencies to purchase
qualified GHG offsets or renewable
energy certificates [Sec. 6102(e)(3) and
Sec. 6103]. The President may exempt
an agency for periods of one year.
Authorizes such sums as may be
necessary, but limited in each
Executive agency or Legislative branch
office to no more than 0.01% of
discretionary appropriations in FY2009
iki/CRS-RL34282and 2010 for purchase of offsets and certificates. Section 6103 directs the
g/wComptroller General to issue a report
s.oron markets for GHG emission offsets
leakby April 1, 2008, and evaluate the pilot
offsets exchange by April 1, 2011. The
://wikipilot offsets and certificates project ceases by FY2011.
http
Sec. 6102(f) provides for the federal No comparable provision. Under Sec. 712(c)(3)(C) the Secretary This provision in House-passed H.R. 6 has a narrower
resource management agencies—the See related provisions regarding of the Interior... shall “develop near-definition and scope than the provision in H.R. 3221, by
Forest Service, the Bureau of Land terrestrial sequestration [Title term and long-term adaptation defining adaptation as measures to increase
Management, the National Park Service VII, Subtitle D, Chapter 2, Sec. strategies or mitigation strategies that sequestration or reduce emissions of named greenhouse
and the Fish and Wildlife Service—to 7421]. can be employed... to adapt to climate gases.
study management strategies that change.” See Natural Resources and Wildlife Programs
would enhance carbon sequestration provisions, below.


and reduce negative impacts of “global
warming,” to test selected strategies,
and to report to Congress on results
within 4 years of enactment.



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


required by the APA, if he/she alleges
harm attributable to a federal agency’s
iki/CRS-RL34282failure to reduce its greenhouse gas emissions as required—both “harm”
g/wand “attributable” being broadly
s.ordefined. In addition to APA remedies, a
leakcourt would be authorized to award a
payment for a beneficial mitigation
://wikiproject or for compensating the
httpplaintiff for global warming impacts. Limits on the amount of such
payments are stated. Costs of litigation
could be awarded to a substantially
prevailing plaintiff.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
NATURAL RESOURCES COMMITTEE PROVISIONS
Carbon Capture and Climate Change Mitigation
Geological Sequestration Assessment
CRS Experts: Peter Folger (pfolger@crs.loc.gov; 7-1517)
Title VII, Subtitle D, Chapter 1 Title III, Sec. 303 establishes the Sec. 711 is the same as in H.R. 3221 House-passed H.R. 6 establishes the same program as
establishes a program in the same program as Title VII, Title VII, Subtitle D, Chapter 1. Also similar provisions in H.R. 3221 and the Senate-passed
Department of the Interior (DOI) to Subtitle D of H.R. 3221. authorizes $30 million total for fiscal version of H.R. 6.
be carried out by the U.S. Geological Authorizes $30 million over five years 2008-2012.
Survey that would develop a years for the program.
methodology for, and conduct (within
2 years of publication of the
methodology) a national assessment of
the CO2 storage capacity of the United
States. Authorizes $30 million total for
iki/CRS-RL34282fiscal years 2008-2012.
g/wTerrestrial Sequestration Assessment
s.or
leakCRS Experts: Ross Gorte (rgorte@crs.loc.gov; 7-7266)
Title VII, Subtitle D, Chapter 2, Sec. Sec. 306. Secretary of the Sec. 712 is very similar to H.R. 3221 Programs are quite similar. More detail in Senate-passed
://wiki7421. Secretary of the Interior must, in Interior must, in consultation and Senate-passed H.R. 6. Extends bill on methodology and its review, with whom to
httpconsultation with federal agency heads, with federal agency heads and provisions to include methane and consult, and on what to assess. House-passed bills
assess terrestrial carbon storage others, (1) assess terrestrial nitrous oxide emissions, as well as contain funding authorization but at different levels.


amounts and processes (following carbon storage amounts and carbon fluxes. The Secretary shall
public comment on methodology) and annual fluxes of carbon (with develop strategies both to enhance
develop strategies to enhance public comment on sequestration and to reduce GHG
sequestration, emphasizing native plant methodology), (2) develop emissions, as well as to adapt to
species. Sec. 7424 authorizes $15 strategies to enhance storage, climate change. Includes Subsection (e)
million total for fiscal years 2008-2012 emphasizing native plant species, covering ocean and coastal
to carry out the assessment and and (3) estimate carbon ecosystems. Authorizes $20 million
strategies. sequestration capacity under a total for fiscal years 2008-2012.
range of policies.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Sequestration Activities
CRS Experts: Peter Folger (pfolger@crs.loc.gov; 7-1517)
Chapter 3, Sec.7431 requires the No comparable provision. Sec. 713 is substantially similar to H.R. Minor text modifications appear intended to clarify the
Department of the Interior to maintain 3221 Sec. 7431. provision.
records, and an inventory, on the
amount of CO2 stored from federal
energy leases.
Sec. 7432 requires the Secretary of the Sec. 714 requires a report within one Provisions in House-passed H.R. 6 provision is more
Interior to report on a recommended year from the Secretary to the extensive and detailed than in H.R. 3221.
regulatory and certification framework Congressional natural resources
for conducting geological carbon committees recommending a
sequestration activities on federal framework to manage geological
lands. carbon sequestration activities on
public lands. Requires the Secretary to
iki/CRS-RL34282ensure that all recommendations
g/wcomply with all federal environmental
s.orlaws, including the Safe Drinking
leakWater Act (42 U.S.C. 300F et seq.).
Natural Resources and Wildlife Programs
://wikiCRS Experts: Pervaze Sheikh (psheikh@crs.loc.gov; 7-6070); Lynne Corn (lcorn@crs.loc.gov; 7-7267); Gene Buck (gbuck@crs.loc.gov; 7-7262).
http
Division A, Chapter 4, Subchapter A, No comparable provision. Omitted. Under H.R. 3221, the Council does not cover impacts
Sec. 7441 requires the Secretary of the to all natural resources, nor to private or state lands.
Interior to establish a National “Natural” and “National” are both used in naming the
Resources Management Council on Council. In both Senate and House-passed H.R. 6, a
Climate Change to address impacts of Natural Resources Management Council is not
climate change on federal lands, the authorized.


ocean environment, and federal water
infrastructure. Members are heads of
specified federal agencies.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Division A, Chapter 4, Subchapter A, Requires the Secretary of the Directs the Secretary of the Interior The provision authorizing adaptation or mitigation
Sec. 7441 requires the Secretary of Interior to develop adaptation to develop adaptation and mitigation strategies in Senate and House-passed H.R. 6 is a
Interior to submit a plan to Congress or mitigation strategies to help strategies for climate change [§712]. component of a national assessment of carbon, nitrous
within 1 year describing how federal terrestrial ecosystems adapt to Ecosystems under this bill include any oxide, and methane emissions from terrestrial
agencies shall (1) develop a database of climate change [§306(c)(3)(C)]. terrestrial, freshwater aquatic, or ecosystems.
vulnerabilities to climate change; (2) coastal ecosystem, including an Under House-passed H.R. 6, the Secretary appears to
manage resources taking into account estuary. Requires restoration and have broad authority to develop adaptation and
climate change; (3) develop protocols adaptation strategies to emphasize mitigation strategies (narrowly defined to increase
to implement management changes; native plant species. sequestration capacities or reduce GHG emissions), not
and (4) incorporate science in Directs the Secretary to consult with just for ecosystems. The term ecosystem applies to any
decision-making. specified federal agencies. Secretary to terrestrial, freshwater or marine ecosystem. For ocean,
prepare national assessment of carbon coastal, and estuarine ecosystems, the Secretary is to
storage; methodology for assessment “work jointly with the Secretary of Commerce.”
to be published and subject to peer
review and public comment.
iki/CRS-RL34282Authorizes $20 million for FY2008-
g/wFY2012.
s.orSubchapter B, Sec. 7452, states the No comparable provision. Omitted.
leakpolicy of the federal government,
cooperating with stakeholders, to
://wikiassist wildlife and their habitats to
httpsurvive and adapt to global warming.
Sec. 7454 requires a National Strategy No comparable provision. Omitted. Under H.R. 3221, the National Strategy appears to
within two years to assist wildlife and include both government and private lands, but
habitats to adapt to climate changes. specifically will include measures to address climate
Requires consultation with federal change on federal lands. Further, it is unclear how
agencies and other stakeholders, and conflicts between the Strategy and other goals, plans or
consideration of other federal agency practices may be resolved.


resource plans, goals and measures.
Requires agencies to exercise existing
authorities to achieve the goals of the
Strategy to the maximum extent
possible.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Sec. 7455 establishes a science No comparable provision. Omitted.
advisory board, a National Global
Warming and Wildlife Science Center
in the U.S. Geological Survey to
conduct research, and to monitor to
detect climate-related changes in
wildlife and habitat.
Sec. 7456 allocates appropriations: No comparable provision. Omitted.
45% to implement the Strategy, 25%
for the National Policy on Wildlife and
Global Warming, and 30% for grants
to States and Indian tribes.
Subchapter C, Sec. 7461 authorizes a No comparable provision. Omitted. H.R. 3221 does not specify that grants are solely to
State and Tribal Wildlife Grants address impacts of climate change on wildlife and
iki/CRS-RL34282Program to benefit wildlife and habitat. Specifies funding allocations and cost-habitat. Codifies an existing program included in appropriations for DOI. Primary change in H.R. 3221 is
g/wsharing. Requires a Wildlife greater emphasis on global warming in program.


s.orConservation Plan for eligibility.
leakAuthorizes such sums that are
necessary.
://wiki
http



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Coastal Zone Issues
CRS Experts: Nicole Carter (ncarter@crs.loc.gov; 7-0854); Jeffrey Zinn (jzinn@crs.loc.gov; 7-7257)
Sec. 7472 requires the Secretary of No comparable provision. Omitted.


Commerce to establish a coastal
climate change resiliency planning and
response program. Authorizes the
Secretary to make grants to assist
coastal states in developing plans to
minimize contributions to climate
change and to prepare for
consequences of climate change in the
coastal zone. Authorizes the Secretary
to make grants to enable coastal states
to implement state plans that have
iki/CRS-RL34282been approved by the Secretary. The provision lists specific stress factors
g/wand activities that funded projects may
s.oraddress. Authorizes “such sums as are
leaknecessary.”
://wiki
http



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Enhancing climate change predictions in the oceans
CRS Experts: Wayne Morrissey (wmorrissey@crs.loc.gov; 7-7072); Gene Buck (gbuck@crs.loc.gov; 7-7262)
Sec. 7473 establishes a National No comparable provision. Omitted.


Integrated Coastal and Ocean
Observation System (hereafter,
System) to gather and disseminate data
used to measure, track, explain, and
predict events related to weather and
climate change, natural climate
variability, and oceanic and
atmospheric environment interactions,
including the Great Lakes. The
provision lays out responsibilities for
federal and non-federal entities,
iki/CRS-RL34282including a National Ocean Research Leadership Council, Regional
g/wInformation Coordination Entities, a
s.orfederal Interagency Working Group
leak(IWG), a Lead Agency (NOAA), a
System Advisory Committee and Joint
://wikiCenters for environmental observation
httppartnerships to support and maintain the System. No contract or
agreements to develop or procure
new federal assets exceeding $250
million in life cycle costs may be
agreed without prior congressional
review. A report to Congress is due
within two years of enactment, and
every two years thereafter. An
independent cost estimate report for
existing and planned elements of the
System is required within one year
after enactment, and shall be submitted
to Congress without revision.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
TITLE VIII—TRANSPORTATION AND INFRASTRUCTURE
Subtitle A—Department of Transportation
CRS Experts: Linda Luther (lluther@crs.loc.gov; 7-6852); Brent Yacobucci (byacobucci@crs.loc.gov; 7-9662)
Title VIII—Establishes a Center for No comparable provision. Title XI—Establishes an Office of House-passed H.R. 6 provisions are similar to H.R. 3221
Climate Change and Environment Climate Change and Environment except that, in addition to EPA, the Office is directed to
within the Department of within DOT. consult with the U.S. Global Change Research Program
Transportation that will, in in conducting its study into the impact of U.S.
coordination with EPA, study major transportation systems on climate change. Also, the
transportation projects to identify low-specific reference to identifying and establishing a
cost solutions to reduce congestion clearinghouse of “low-cost” solutions is eliminated in
and transportation-related energy use. favor of simply “solutions.”
Architect of the Capitol—Capitol Power Plant
CRS Experts: Fred Sissine (fsissine@crs.loc.gov; 7-7039); Amy Abel (aabel@crs.loc.gov; 7-7239)
iki/CRS-RL34282Title VIII, Subtitle F, Part 3 directs the Title III, Sec. 305 (carbon Title V contains a variety of provisions House-passed H.R. 6 contains more of H.R. 3221‘s
g/wArchitect of the Capitol (AOC) to sequestration) requires the to study options to increase the provisions on efficiency and renewable energy in the
s.oroperate the Capitol Power Plant in an Architect of the Capitol to energy efficiency and use of renewable Capitol Complex, and contains the Senate-passed
leakenergy efficient manner, include energy complete a feasibility study and energy in, and to reduce greenhouse provisions for studying carbon capture and storage or
efficiency measures in the Capitol to establish a competitive grant gas emissions from, the Capitol use of carbon dioxide.


://wikiComplex Master Plan, and encourage the use of E85 fuel and solar program to demonstrate the capture and storage or use of Complex. Within 6 months of enactment, the Architect of the
httpphotovoltaic equipment. In Sec. 8654, carbon dioxide emitted from the Capitol shall submit a report on
for the purpose of reducing carbon Capitol power plant as a result measures taken and incorporated into
dioxide emissions, the AOC is of burning coal. the Capitol plan. Architect of the
directed to install technologies to Capitol is required to conduct a
capture and store or use carbon feasibility study evaluating methods to
dioxide from coal combustion in the capture, store, and use carbon dioxide
Capitol power plant, and to operate emitted from the Capitol Power Plant.
the steam boilers and chiller plant to The Architect may conduct a
maximized energy efficiency and demonstration project if the study
minimize carbon dioxide emissions and shows that carbon capture and
operating costs. storage or use is technologically
feasible and economically justified.
Authorizes $3 million for the study.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
Water Resources and Emergency Management Preparedness
CRS Experts: Nicole Carter (ncarter@crs.loc.gov; 7-0854); Betsy Cody (bcody@crs.loc.gov; 7-7229)
Subtitle G-Part 1 establishes a national No comparable provision. Omitted.
policy for water resources projects
that includes consideration of climate-
change related weather events among
other priorities. It creates a 21st
Century Water Commission to
evaluate and report on water
resources issues, including the effects
of climate change, and to make policy
recommendations. It would direct the
EPA Administrator to enter into an
agreement with the National Academy
iki/CRS-RL34282of Sciences to study the impacts of climate change on watersheds, water
g/wresources, and water quality and to
s.ormake policy recommendations. It
leakwould direct the Secretary of the
Army to ensure that Army Corps of
://wikiEngineers’ water resources studies and
httpprojects account for the effect of climate change on its projects.
Part 2—Emergency Management
CRS Experts: Nicole Carter (ncarter@crs.loc.gov; 7-0854)
Part 2 directs the Administrator of the No comparable provision. Omitted.


Federal Emergency Management
Agency to study the increased demand
for the agency’s programs and services
resulting from the increased number
and intensity of natural disasters
affected by climate change, and to
report the results including policy
recommendations.



H.R. 3221 H.R. 6 H.R. 6 Comments
(Passed House 8/4/2007) (Passed Senate 6/21/2007) (Passed House 12/6/2007; Senate
12/14/2007)
TITLE XIV—OTHER PROVISIONS
Carbon audit of the tax code.
CRS Experts: Jane Leggett (jaleggett@crs.loc.gov; 7-9525); Larry Parker (lparker@crs.loc.gov; 7-7238)
Title XIV, Subtitle A, Sec. 14001 No comparable provision. Sec. 1512 is identical to H.R. 3221
requires the Secretary of the Treasury Title XIV, Subtitle A., Sec. 14001.
to contract with the National Academy
of Sciences to produce a
comprehensive review of the Internal
Revenue Code of 1986, to identify the
types of tax provisions that have the
largest effects on carbon and other
greenhouse gas emissions, and to
estimate the magnitude of those
effects. A report is due to Congress
iki/CRS-RL34282within two years after enactment. Authorizes $1.5 million for FY2008
g/wand FY2009.
s.or
leakNote: The headings used in the table are those in the latest-passed bill, H.R. 6 as passed by the House on December 6, 2007.


://wiki
http



Jane A. Leggett, Coordinator Linda Luther
Specialist in Energy and Environmental Policy Analyst in Environmental Policy
jaleggett@crs.loc.gov, 7-9525 lluther@crs.loc.gov, 7-6852
Eugene H. Buck Larry Parker
Specialist in Natural Resources Policy Specialist in Energy and Environmental Policy
gbuck@crs.loc.gov, 7-7262 lparker@crs.loc.gov, 7-7238
Nicole T. Carter Pervaze A. Sheikh
Specialist in Natural Resources Policy Analyst in Natural Resources Policy
ncarter@crs.loc.gov, 7-0854 psheikh@crs.loc.gov, 7-6070
M. Lynne Corn Fred Sissine
Specialist in Natural Resources Policy Specialist in Energy Policy
lcorn@crs.loc.gov, 7-7267 fsissine@crs.loc.gov, 7-7039
Susan R. Fletcher Robert Meltz
Specialist in International Environmental Policy Legislative Attorney
sfletcher@crs.loc.gov, 7-7231 rmeltz@crs.loc.gov, 7-7891
Peter Folger Wayne A. Morrissey
Specialist in Energy and Natural Resources Policy Information Research Specialist
pfolger@crs.loc.gov, 7-1517 wmorrissey@crs.loc.gov, 7-7072
Ross W. Gorte
Specialist in Natural Resources Policy
rgorte@crs.loc.gov, 7-7266