For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31427 ------------------------------------------------------------------------------ Order Code RL31427 CRS Report for Congress Received through the CRS Web Omnibus Energy Legislation in the 107th 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 107th Congress: Side-by-side Comparisons Summary 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 drilling. 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 bill. 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. Contents Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Federal Reformulated Fuels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 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 Miscellaneous Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 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 107th Congress: Side-by-side Comparisons Introduction 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 drilling. 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 authorizations. 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 CRS-2 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 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. 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 CRS-3 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 fleet. 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 consumers. 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 CRS-4 $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. CRS-5 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 Alberta. 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 unchanged. 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. CRS-6 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. CRS-7 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 liability. 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. CRS-8 Table 1. Major Provisions of House and Senate Energy Bills Provision Senate House Electricity restructuring Changes regulatory No provision. requirements to emphasize market rates. Arctic National Wildlife No provision. Opens ANWR to oil and Refuge (ANWR) gas leasing. Corporate Average Fuel Requires new CAFE Requires a reduction in Economy (CAFE) standards, except for fuel consumption by pickup trucks. new light trucks. Energy taxes Provides $15.2 billion in Provides $35.4 billion in energy tax incentives energy tax incentives over a ten-year period. over a ten-year period, more than half for fossil fuel supply. Global climate change Establishes federal No specific provisions. offices to focus on global climate change, authorizes R&D. Appliance efficiency Requires new standards Sets standard for standards for central air appliance standby conditioners, heat power. pumps, and appliance standby power. Nuclear accident Extends Price-Anderson No provisions. (Separate liability (Price-Anderson coverage for DOE Price-Anderson Act) facilities. extension, H.R. 2983, passed by House.) Alaska natural gas Provides loan and price No loan or price pipeline guarantees for Alaska guarantees, but forbids natural gas pipeline and Beaufort Sea route. forbids proposed Beaufort Sea route. Iraqi oil cutoff Forbids direct or indirect No provisions. importation of Iraqi oil until certain conditions are met. CRS-9 Renewable energy Requires motor vehicle No provisions. content in motor vehicle fuel sold in the United fuel States to contain a minimum volume of ethanol or other renewable fuel. Renewable Portfolio Requires electric utilities No provisions. Standard to provide minimum percentages of power from renewable sources. Energy Program Authorizes $53.8 billion Authorizes $34.9 billion Authorizations, (see table 2). (see table 3). FY2002-FY2006 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. CRS-10 Short Title2 Provision Current Law Senate House Comments Short titles and table of No provision. Sec. 1. This Act may be cited Sec. 100. This Act may be contents as the "Energy Policy Act of cited as the "Securing 2002." Sec. 2. Table of America'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." Regional Coordination Provision Current Law Senate House Comments Policy on regional No current law. Sec.101. The policy of the No similar provision. coordination federal 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 conservation. 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. CRS-11 Federal support for No current law. Sec. 102. The Department of No provision. regional coordination Energy is directed to provide technical assistance to states and regional organizations to assist with activities defined in Sec. 101. Electricity Amendments to the Federal Power Act Provision Current Law Senate House Comments Definitions The Federal Power Act Sec. 201. The Federal Power No provision. defines an electric utility as Act is amended to add federal "any person or State agency power marketing agencies to (including any municipality) the definition of an electric which sells electric energy; utility. A definition of a such term includes the transmitting utility is added to Tennessee Valley Authority, the Federal Power Act. A but does not include any transmitting utility includes Federal power marketing state and municipally owned agency" (16 U.S.C. 796). or operated transmission facilities involved in interstate commerce or transmission of electricity at wholesale. CRS-12 Provision Current Law Senate House Comments Electric utility mergers Under Section 203(a) of the Sec. 202. The Federal Power No provision. This provision significantly Federal Power Act, FERC Act is amended to give FERC increases the value of the review for transfer of assets review authority for transfer asset transfer that would applies for transactions of assets valued in excess of trigger FERC review. The valued at $50,000 or more $10 million. FERC must give section has prompted (16 U.S.C. 824b). state public utility questions about the potential commissions and governors for market power abuse reasonable notice in writing. because of the increase in FERC must establish rules to asset value before FERC comply with this section. merger review authority is triggered. However, once it is triggered, FERC is given additional jurisdiction to protect consumer interests. Market-based rates Section 205 of the Federal Sec. 203. FERC may approve No provision. Provision could limit FERC's Power Act requires just and market-based rates when the options to respond to rates reasonable rates to be charged seller and its markets meet found to be unjust, for transmission or sale of certain criteria. When the unreasonable, unduly electric energy (16 U.S.C. Commission determines the discriminatory or preferential 824d). market-based rate is unjust, rates. unreasonable, unduly discriminatory or preferential, FERC must determine a just and reasonable rate. Refund effective date Refunds for rates that FERC Sec. 204. Section 206(b) of No provision. Currently, refunds begin a finds to be unjust, the Federal Power Act is minimum of 60 days after the unreasonable, unduly amended to allow the filing of the complaint. This discriminatory or preferential effective date for refunds to section would allow refunds begin a minimum of 60 days begin at the time of the filing to be retroactive to the date after a complaint is filed (16 of a complaint with FERC but complaint is filed with FERC. U.S.C. 824e(b)). not later than 5 months after filing of a complaint. CRS-13 Provision Current Law Senate House Comments Open access The Federal Power Act Sec. 205. FERC is authorized, No provision. Expands FERC's transmission by certain (Section 201(f)) does not by rule or order, to require transmission authority in utilities apply to federal Power unregulated transmitting ordering open access to Marketing Administrations, utilities (Power Marketing include Power Marketing state entities or rural electric Administrations, state entities, Administrations, state entities cooperatives (16 U.S.C. 824). and rural electric and rural electric cooperatives) to charge rates cooperatives. 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 are established for utilities selling less than 4 million megawatt-hours of electricity per year and for utilities that own or operate transmission facilities that are not necessary to facilitate a nationwide interconnected transmission system. Electric reliability No current law. Sec. 206. FERC-approved No provision. Would give an electric standards electric reliability reliability organization organizations will develop (currently the North and enforce reliability American Electric Reliability standards for the bulk-power Council (NERC)) the primary system. Standards are authority to develop enforceable by the electric reliability standards. reliability organization and FERC. The provision does not apply to Alaska or Hawaii. CRS-14 Provision Current Law Senate House Comments Market transparency No current law. Sec. 207. Within 180 days No provision. rules after 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 from disclosure. Access to transmission No specific law. Sec. 208. FERC must require No provision. Transmitting utilities would by intermittent transmitting utilities to be able to charge higher rates generators provide service to solar and to solar and wind generators wind generators at rates that if the intermittent nature of do not unduly prejudice or their electricity generation is disadvantage the generators likely to have an adverse for scheduling deviations. impact on the reliability of the FERC may exempt a transmission system. transmitting utility from the requirements of this provision if the solar and wind generators are likely to have an adverse impact on reliability. CRS-15 Provision Current Law Senate House Comments Enforcement Electric utilities are subject to Sec. 209. The exemptions No provision. the criminal penalty section from the criminal penalty of the Federal Power Act (16 section 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. Amendments to the Public Utility Holding Company Act Provision Current Law Senate House Comments Short title The Public Utility Holding Sec. 221. This subtitle may be No provision. Company Act of 1935 (15 cited as the "Public Utility U.S.C. 79 et seq). Holding Company Act of 2002." CRS-16 Provision Current Law Senate House Comments Definitions 15 U.S.C. 79b Sec. 222. The following terms No 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; gas holding company system, utility company; holding subsidiary company, and company; holding company voting security are changed system; jurisdictional rates; from current law. The terms natural gas company; person; jurisdictional rates, natural public utility; public utility gas company, and public company; state commission; utility are not included in the subsidiary company, and Public Utility Holding voting security. Company Act of 1935. CRS-17 Provision Current Law Senate House Comments Repeal of the Public In general, the Public Utility Sec. 223. PUHCA is repealed. No provision. Currently under PUHCA, a Utility Holding Holding Company Act of holding company can acquire Company Act of 1935 1935 regulates the structure securities or utility assets only (PUHCA) of holding companies by if the SEC finds that such a prohibiting all holding purchase will improve the companies that are more than economic efficiency and twice removed from their service of an integrated public operating subsidiaries, utility system. It has been federally regulates holding argued that reform to allow companies of investor-owned diversification would improve utilities, and provides for the risk profile of electric Securities and Exchange utilities in much the same Commission (SEC) regulation way as in other businesses: of mergers and diversification The risk of any one proposals. Registered investment is diluted by the holding companies and risk associated with all subsidiaries are required to investments. However, have SEC approval prior to concerns have been expressed issuing securities; all loans that PUHCA repeal could and intercompany financial exacerbate market power transactions are regulated by abuses in an industry where the SEC; and a holding vigorous competition may not company can be exempt from yet exist. State regulators PUHCA if its business have expressed concerns that operations and those of its increased diversification subsidiaries occur within 1 could lead to such abuses as state or within contiguous cross-subsidization: a states (15 U.S.C. 79 et seq.). regulated company subsidizing an unregulated affiliate. CRS-18 Provision Current Law Senate House Comments Federal access to books Registered holding companies Sec. 224. Federal access is No provision. and records and subsidiary companies are provided 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 FERC confidentiality of such books deems necessary or and records. appropriate in the public interest or for protection of investors and consumers (15 U.S.C. 79o). State access to books Under the Federal Power Act, Sec. 225. A jurisdictional No provision. and records state commissions may state commission may make a examine the books, accounts, written request to a holding memoranda, contracts, and company or any associate records of a jurisdictional company for access to electric utility company, an specific books and records, exempt wholesale generator which must be kept that sells to such electric confidential. Response to utility, and any electric utility such requests is mandatory. company or holding company Compliance with this section that is an associate company is enforceable in U.S. District or affiliate of an exempt Court. wholesale generator (16 U.S.C. 824). Exemption authority No current law. Sec. 226. FERC is directed to No provision. promulgate rules to exempt qualifying facilities, exempt wholesale generators, and foreign utility companies from the requirements of Section 224. CRS-19 Provision Current Law Senate House Comments Affiliate transactions The Federal Power Act Sec. 227. FERC retains the No provision. requires that jurisdictional authority to prevent cross- rates are just and reasonable subsidization and to assure and prohibits cross- that jurisdictional rates are subsidization (16 U.S.C. 791a just and reasonable. et seq.). Applicability No specific provision. Sec. 228. Except as No provision. specifically noted, this subtitle does not apply to the United States government, a state or any political subdivision of a state, or a foreign governmental authority operating outside the United States. Effect on other No specific provision. Sec. 229. FERC or a state No provision. Regulations commission is not precluded from exercising its jurisdiction under otherwise applicable laws to protect utility customers. Enforcement 16 U.S.C. 825e-825p Sec. 230. FERC has authority No provision. to enforce this provision under sections 306-317 of the Federal Power Act. CRS-20 Provision Current Law Senate House Comments Savings provisions Not applicable. Sec. 231. Persons may No 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. Implementation Not applicable. Sec. 232 Not later than 18 No provision. months after enactment, FERC will promulgate regulations necessary to implement this subtitle and submit to Congress recommendations for technical or conforming amendments to federal law that might be necessary to carry out this subtitle. Transfer of resources The Securities and Exchange Sec. 233. The Securities and No provision. No time frame is provided. Commission maintains books Exchange Commission will and records and regulates transfer all applicable books security transactions (15 and records to FERC. U.S.C. 79 e a t seq.). CRS-21 Provision Current Law Senate House Comments Interagency review of No current law. Sec. 234. An interagency task No provision. competition in the force is created to perform a wholesale and retail study and analysis of electric markets for electric competition within U.S. energy wholesale and retail markets. The task force will submit a report not later than 1 year after the effective date of this Act. GAO study on No current law. Sec. 235. The General No provision. implementation Accounting Office is directed to study the effectiveness of the federal government and the states in: 1) preventing anti-competitive practices; and 2) promoting competition and efficient energy markets that benefit consumers. This report must be submitted to Congress no later than 24 months after the effective date of this Act. Effective date No applicable law. Sec. 236. Eighteen months No provision. after enactment, this subtitle will take effect. Authorization of No applicable law. Sec. 237. Necessary funds to No provision. appropriations carry out this subtitle are authorized to be appropriated. CRS-22 Provision Current Law Senate House Comments Conforming 16 U.S.C. 791a et seq. Sec. 238. The Federal Power No provision. amendments to the Act is amended to reflect the Federal Power Act changes to the Public Utility Holding Company Act of 1935. Amendments to the Public Utility Regulatory Policies Act of 1978 Provision Current Law Senate House Comments Real-time pricing No current law. Sec. 241. States must consider No provision. Installation of real-time standard a standard for real-time metering and communications pricing of electricity for retail technology would be customers. Real-time pricing necessary to fully implement on the retail level would retail real-time and time-of- reflect fluctuations of use pricing. wholesale rates. Also contains provision on time- of-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 customers. CRS-23 Provision Current Law Senate House Comments Adoption of additional No current law. Sec. 242. States are required No provision. standards to 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 generators. Technical assistance No current law. Sec. 243. The Secretary of No provision. Energy is authorized to provide technical assistance to the states to help develop the standards under Section 242. CRS-24 Provision Current Law Senate House Comments Cogeneration and Electric utilities are required Sec. 244. Mandatory purchase No provision. small power to purchase electricity requirements under §210 of production purchase generated by qualifying the Public Utility Regulatory and sale requirements facilities 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 of "stranded costs" incurred by utilities because of PURPA-mandated cogeneration and small power purchases. Ownership limitations under PURPA are repealed. Net metering for No current law. Sec. 245. All utilities are No provision. Provision would maintain renewable energy and subject to net metering current state authority to fuel cells requirements. Residential determine whether to system size limits are 500 implement this section's net kilowatts. State public utility metering standard. Currently, commissions have authority 34 states require utilities to to determine whether provide net metering to some mandatory net metering will or all classes of customers. be implemented within their states. CRS-25 Consumer Protections Provision Current Law Senate H.R. 4 Comments Information disclosure No provision. Sec. 251. The Federal Trade No provision. Commission must issue rules requiring electric utilities to provide electric consumers information on the cost and type of service being offered. Consumer privacy No current law. Sec. 252. The Federal Trade No provision. Commission is directed to issue rules prohibiting an electric utility from sharing its customers' individual information without prior written approval by a consumer. Office of Consumer No current law. Sec. 253. An Office of No provision. Advocacy Consumer Advocacy is established 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. CRS-26 Provision Current Law Senate H.R. 4 Comments Unfair trade practices No current law. Sec. 254. The Federal Trade No provision. Slamming occurs when an Commission is required to electric utility switches a issue rules prohibiting customer's electric provider slamming and cramming. without the consumer's knowledge. Cramming occurs when an electric utility adds additional services and charges to a customer's account without the permission of the customer. Applicable procedures Administrative Procedure Act Sec. 255. The Federal Trade No provision. (5 U.S.C. 533). Commission will adhere to the notice and comment rulemaking procedures under the Administrative Procedure Act (5 U.S.C. Sec. 533) for rules issued under this subtitle. Federal Trade Federal Trade Commission Sec. 256. Violations of rules No provision. Commission Act (15 U.S.C. 57a). under this subtitle will be enforcement treated as violations of the Federal Trade Commission Act (15 U.S.C. Sec. 57a). State authority No applicable law. Sec. 257. States are given No provision. Gives states the right to authority to prescribe and codify and enforce laws, enforce laws, rules, or rules, and procedures that procedures regarding the may be in direct conflict with practices of this subtitle. the Consumer Protection subtitle. CRS-27 Provision Current Law Senate H.R. 4 Comments Application of subtitle No applicable law. Sec. 258. This subtitle applies No provision. only to electric utilities whose retail sales exceed 500 million kilowatt-hours per calendar year. Definitions 16 U.S.C. 2602 Sec. 259. Defines aggregate No provision. consumer information and consumer information. Electric consumer, electric utility, and state regulatory authority have the same meaning as such terms under PURPA. Renewable Energy and Rural Construction Grants Provision Current Law Senate House Comments Renewable energy EPAct Sec. 1212 provides a Sec. 261. Eligibility is Sec. 602. Qualifying The Senate bill extends the production incentive 1.5 cent/kwh incentive for extended to certain public resources are expanded to eligibility to a broader range power produced from wind utilities. Qualifying include landfill gas. of additonal sources. and biomass by state and resources are expanded to Authorizes "such sums," and local governments and non- include landfill gas, there is no funding limit for profit electrical cooperatives. incremental hydro, and ocean any resource. Funded by appropriations, it energy. Funding for hydro was created to parallel the may not exceed 30% of the renewable energy production total. tax credit for businesses (Title XIX). CRS-28 Provision Current Law Senate House Comments Assessment of No existing requirement. Sec. 262. DOE is required to Sec. 601. DOE is directed to The provisions are nearly renewable energy report annually on resource publish an annual report on identical 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 purchase No existing requirement. Sec. 263. Federal agencies are No provision. Requires that a certain requirement required to purchase power percentage of the total produced from renewables, electricity purchased by the starting at 3% in FY2003, and federal government be rising to 7.5% in FY2010. generated from renewable energy sources. Energy Sun labeling No existing program. No provision. Sec. 141A. A government- The features of this new program industry partnership is program would parallel the established to create an features of the existing Energy "Energy Sun" labeling Star program for energy- program that promotes efficient products (see Sec. renewable and alternative 926 of the Senate version and energy products. Sec. 141 of the House version). CRS-29 Provision Current Law Senate House Comments Renewable portfolio No existing requirement. Sec. 264. A renewable energy No 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% by requirement than the federal 2019. Tradable credits are standard. (Sec. 271 of the created to help compliance. Senate bill redefines a 3 Eligible renewable resources cents/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 reduces demand), and incremental hydropower. The baseline estimate excludes eligible renewables, municipal solid waste, and hydropower. Special credits apply to incremental hydropower, generation offsets, production on Native American lands, and co-firing with conventional resources. A non-compliance penalty is provided. CRS-30 Provision Current Law Senate House Comments Renewable energy on No existing requirement. Sec. 265. The Secretary of the Sec. 6102. The Secretary of The Senate bill requires federal land Interior is directed to create a the Interior is required to implementation while the pilot program to develop inventory the potential to House bill requires a study. wind and solar energy on develop 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 administrative buildings associated with management of the National Park System and other public lands. Energy conservation in No existing requirement. No provision. Sec. 6601. The Department of the Interior the Interior is required to Department study 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. CRS-31 Provision Current Law Senate House Comments ANWR revenue for No 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. CRS-32 Provision Current Law Senate House Comments Geothermal energy Geothermal energy No provision. Sec. 6301-6307. The production on federal lands is maximum royalty for existing charged a royalty of 10%- geothermal leases is reduced 15% (Geothermal Steam Act from 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 fee ranging from $100 to $1,000. Prohibits geothermal leasing on Forest Service lands if a regional forester determines that the lands cannot be adequately protected. The Interior Department 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 moratoria. CRS-33 Provision Current Law Senate House Comments Reimbursement for No provision. No provision. Sec. 6308. If adequate costs of NEPA appropriated funds are not analyses, available to conduct the documentation, and necessary reviews for a studies for geothermal geothermal lease under the leasing National 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. Carpet waste as No existing requirement. No provision. Sec. 801. DOE is authorized alternative energy funding to support a single source grant to develop the feasibility of burning post- consumer carpet in cement kilns as an alternative energy source. General Provisions Provision Current Law Senate House Comments Change RPS price cap No provision. Sec. 271. The 3 cent/kwh No provision. from 3 cents to 1.5 price cap for tradable credits cents in Sec. 264, which establishes a renewable portfolio standard (RPS), shall be considered 1.5 cents/kwh. CRS-34 Provision Current Law Senate House Comments Bonneville Power Current BPA borrowing Sec. 272. Bonneville Power No similar provision In the FY2003 Congressional Administration Bonds authority is $3.75 billion (16 Administration borrowing Budget Request, BPA U.S.C 838k, P.L. 98-50). authority is increased by $1.3 requested an increase of $700 billion to provide million in borrowing transmission system authority. improvements. CRS-35 Hydroelectric Relicensing Provision Current Law Senate House Comments Alternative conditions No provision. Sec. 301 (a) and (b). Sec. 401 (a) and (b). Senate language substituting and fishways Agencies imposing conditions Agencies imposing conditions "fish resources" for "fishway" or prescribing fishway or prescribing fishway is aimed at protecting "all fish construction on hydropower construction on hydropower resources, not just those fish license applicants under license applicants under species that are harvested Section 4(e) and Section 18 Section 4(e) and Section 18 either commercially already of the Federal Power Act of the Federal Power Act or with sport fishery," must consider alternative must consider alternative according to Senator Smith. measures proposed by the measures proposed by the applicant, and accept those applicant, and accept those alternative measures if the alternative measures if the alternative condition alternative condition "provides for the adequate "provides no less protection protection and utilization of for the reservation," or if the the reservation," or if the alternative fishway "will be alternative fishway "will be no less effective than the no less protective of the fish fishway initially prescribed," resources than the fishway and would either cost less or initially prescribed," and result in more power would either cost less or production. result in more power production. No provision in this section prohibits other interested parties from proposing alternative conditions. CRS-36 Provision Current Law Senate House Comments Time of filing License applicants must file Sec. 301 (c). License No similar provision. Aimed at reducing the application 24 months prior to expiration applicants must file 36 number of annual interim of old license. months prior to expiration for licenses that "do not provide licenses that expire in 2008 certainty for consumers or the and thereafter. utility and result in delays in environmental mitigation and enhancement," according to Senator Smith. Data collection No similar provision. Sec. 402. The Federal Energy procedures Regulatory Commission must collect data on the time and costs involved in the hydro licensing process. Study of increasing No provision. No provision. Sec. 6401. Within 12 months power production at of enactment, the Secretary of existing hydroelectric the Interior will submit a facilities study that describes existing capacity at hydroelectric facilities 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 control. CRS-37 Provision Current Law Senate House Comments Installation of No provision. No provision. Sec. 6402. The Bureau of A powerformer would replace powerformer at Folsom Reclamation may borrow both the generator and Power Plant, from the United States transformer. This new California Treasury the cost of a technology increases the powerformer to be installed at overall efficiency of plant the Bureau of Reclamation's operations and generates Folsom Power Plant in electricity at voltage levels California. The Secretary of necessary for electricity to be the Interior is also directed to placed directly on the seek contributions from transmission grid. power users. Study of increased No provision. No provision. Sec. 6403. The Secretary of operational efficiencies the Interior is to conduct a at hydroelectric study to determine whether projects operational methods and water scheduling techniques could be modified at hydroelectric facilities with capacity greater than 50 megawatts to maximize energy production. Within 18 months of enactment, the Secretary will submit a report on the Department's findings. CRS-38 Provision Current Law Senate House Comments Electricity savings at No provision. No provision. Sec. 6404. With the consent Bureau of Reclamation of irrigation customers, the pumping facilities Bureau 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. Indian Energy Provision Current Law Senate House Comments Buy Indian Act No energy provision. No similar provision Sec. 6602. Amends "Buy Indian Act" to include energy products. Comprehensive Indian No provision. Sec. 401. A comprehensive No similar provision energy program Indian 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. CRS-39 Provision Current Law Senate House Comments Office of Indian Energy No provision. Secs. 402-403. Within the No similar provision Policy and Programs DOE, an Office of Indian Energy Policy and Programs is created to administer the programs from the previous section, 401. Appropriations are authorized. Siting energy facilities No provision. Sec. 404. Indian tribes may No similar provision on tribal lands directly lease land and rights- of-way for energy facilities, without case-by-case review by the Secretary of the Interior, if the tribe develops, and the Secretary approves, tribal regulations, and the term of the lease does not exceed 30 years. Indian mineral No provision. Sec. 405.The Secretary of the No similar provision development act review Interior is required to undertake a review and make recommendations regarding tribal opportunities under the Indian Mineral Development Act. Renewable energy No provision. Sec. 406. The Secretary of No similar provision study Energy 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. CRS-40 Provision Current Law Senate House Comments Federal Power None Sec. 407. The Bonneville No similar provision Marketing Power Administration and Administrations Western Area Power Administration are authorized to assist in developing distribution systems that provide power to Indian tribes using the federal transmission system. Feasibility study of None. Sec. 408. DOE, in No similar provision combined wind and conjunction with the Army hydropower and the Interior Department, demonstration project is to study the feasibility of obtaining a marketable, firm electricity source from wind energy generated on tribal lands connected with hydropower generated by the U.S. Army Corp of Engineers at the Missouri River powerplants. CRS-41 Nuclear Power Price-Anderson Act Reauthorization Provision Current Law Senate House Comments Short Title The Price-Anderson Act, Sec. 501. This subtitle No provision. The House-passed version of dealing with liability for (sections 501-509) may be H.R. 4 does not contain Price- nuclear accidents, generally cited as the "Price-Anderson Anderson provisions; they consists of Sec. 170 of the Amendments Act of 2002." were included in a separate Atomic Energy Act of 1954 bill (H.R. 2983) passed by the (AEA, 42 U.S.C. 2210). Key House 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 Reauthorization Act of 2001." Extension of NRC Nuclear Regulatory Secs. 502(a), 502(c). NRC No provision. H.R. 2983 Secs. 2(a), 2(c). indemnification Commission (NRC) authority indemnification authority is NRC indemnification authority for to provide indemnification extended through August 1, authority is extended through commercial nuclear under Price-Anderson to new 2012. August 1, 2017. (Without the power plants and other reactors and other licensees extension, existing reactors licensees expires August 1, 2002 (AEA would 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. CRS-42 Provision Current Law Senate House Comments Extension of DOE DOE authority to indemnify Sec. 502(b). DOE's No provision. H.R. 2983 Sec. 2(b). DOE indemnification nuclear contractors against indemnification authority is indemnification authority is authority for nuclear radiological damage claims extended indefinitely. extended through August 1, contractors by members of the public 2017. (Without an extension, expires August 1, 2002 (AEA new DOE contracts would not Sec. 170 d.). include Price-Anderson indemnification, although existing contracts would still be covered.) Nuclear incident The liability limit for public Sec. 503. The DOE contractor No provision. H.R. 2983, Sec. 4. Same as liability limits damages resulting from a liability limit is raised to $10 Senate bill. Sec. 3. Maximum nuclear incident by a DOE billion, subject to an inflation total contributions by each contractor is about $9.5 adjustment under Section commercial reactor following billion. The contractor 506. an accident are raised to $94 liability limit is based on the million (to be adjusted for limit for commercial nuclear inflation every five years after reactors (AEA Sec. 170 d.). enactment). Maximum The commercial reactor annual contributions per liability limit is equal to the reactor are raised from $10 maximum available liability million to $15 million, to be insurance, plus maximum adjusted for inflation. Total contributions of $63 million available reactor incident per reactor (adjusted for compensation increases to inflation since 1988), plus a about $10 billion. The Senate 5% surcharge, currently bill leaves the current reactor totaling about $9.5 billion. incident compensation Compensation contributions formula unchanged. are paid at a rate of no more than $10 million per reactor per year (AEA Sec. 170 b.). CRS-43 Provision Current Law Senate House Comments Incidents outside the The liability limit for nuclear Sec. 504. The limit is raised No provision. H.R. 2983, Sec. 5. Same as United States incidents outside the United to $500 million. Senate bill. Sec. 10. The States is $100 million (AEA federal 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 this Sec. 505. DOE and the No provision. H.R. 2983, Sec. 6. Same Anderson extension or subject required. Nuclear Regulatory reports as the Senate bill, but modification Commission (NRC) shall the deadline is August 1, submit reports to Congress by 2013. August 1, 2008, to recommend continuation or modification of the Price- Anderson Act. Inflation adjustment NRC every five years must Sec. 506. In addition to the No provision. H.R. 2983, Sec. 7. Similar to for liability limits adjust for inflation, using the NRC inflation adjustment, Senate bill. (The House and aggregate percentage change DOE must make a similar Senate bills would eliminate in the Consumer Price Index, adjustment of the $10 billion the existing link between the maximum compensation nuclear contractor accident commercial reactor and DOE contribution that each reactor liability limit every five years. contractor liability limits, must make following a requiring a separate inflation nuclear incident (AEA Sec. adjustment for DOE 170 t.). If the NRC inflation contractors.) 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.). CRS-44 Provision Current Law Senate House Comments Civil penalties for DOE Specific nonprofit DOE Sec. 507. The exemption for No provision. H.R. 2983, Sec. 16. Similar nuclear contractors contractors who violate specific nonprofit DOE to Senate bill. Sec. 13. nuclear safety regulations are contractors is replaced by Indemnified nuclear exempt from civil penalties. provisions limiting nuclear contractors at DOE non- DOE may automatically remit safety penalties on any weapons sites must follow nuclear safety fines paid by nonprofit contractor to the industrial safety rules any nonprofit educational amount of the management equivalent to those of the institution (AEA Sec. 234A.). fee it has earned under a DOE Occupational Safety and contract within any one-year Health Administration and period. DOE authority to pay civil penalties for remit fines paid by nonprofit violations. Sec. 15. If DOE educational institutions is has to pay compensation for repealed. an accident caused by the intentional misconduct of a for-profit contractor, the Attorney General may file a lawsuit to recover such compensation from the contractor, up to the amount of profit earned on the contract. Treatment of modular All commercial nuclear Sec. 508. Two or more No provision. H.R. 2983, Sec. 8. Same as reactors reactors with electric reactors at a single site, each Senate bill. (This provision generating capacity of 100 with electric generating would allow a "modular" megawatts or more are capacity of 100-300 nuclear plant made up of subject to Price-Anderson's megawatts and totaling no several small reactors to maximum payments for more than 1,300 megawatts, purchase insurance coverage accident damages and shall be treated as a single as if the plant consisted of a requirements for insurance reactor in assessing accident single reactor. The entire coverage (AEA Sec. 170 b.). compensation contributions modular plant also would and insurance requirements. only be liable for the accident compensation payments of a single reactor.) CRS-45 Provision Current Law Senate House Comments Effective date Not applicable. Sec. 509. The increased No provision. H.R. 2983, Sec. 9. Same as nuclear liability limits in this Senate bill. subsection shall apply only to accidents that occur after the date of enactment. Miscellaneous Provisions Provision Current Law Senate House Comments Government uranium DOE may sell its uranium Sec. 511. With certain Sec. 309. The federal stockpile sales stockpiles under certain exceptions, DOE uranium government is prohibited conditions (42 U.S.C. 2297h- sales are restricted to 3 from selling or transferring 10). million pounds per year from any uranium through March 2003-2009, rising to 10 23, 2009, except for million pounds per year after emergencies and certain prior 2012. commitments. Sales of government-owned uranium after that date are limited to three million pounds per year. Thorium cleanup DOE is authorized to Sec. 512. The thorium No provision. Senate language is nearly reimbursement reimburse up to $140 million reimbursement authorization identical to thorium in government-related is raised to $365 million. reimbursement provisions in cleanup costs to the owner of H.R. 3343, passed by the a thorium processing site (42 House December 18, 2001. U.S.C. 2296a). CRS-46 Provision Current Law Senate House Comments Fast Flux Test Facility No comparable provision. Sec. 513. DOE is prohibited No provision. Sec. 2344(c) of the House bill from restarting the Fast Flux prohibits nuclear energy Test Facility (FFTF), a test operation and maintenance reactor at Hanford, funds from being used for Washington, if the proposed FFTF, although restart is not missions can be conducted at specifically mentioned. DOE other facilities that are announced December 19, already operating. 2001, that FFTF would be permanently closed. Nuclear Power 2010 No specific provision. Sec. 514. DOE shall conduct No specific provision. DOE is currently conducting Program a cost-shared program with a Nuclear Power 2010 industry to "allow for the program within the Nuclear construction and startup of Energy Technologies new nuclear plants in the program. United States by 2010." Spent Nuclear Fuel DOE shall conduct a research Sec. 515. A DOE Office of Sec. 2321. DOE's Office of Spent fuel recycling or Research program on alternative means Spent Nuclear Fuel Research Nuclear Energy, Science, and reprocessing involves the and technologies for disposal is established to research, Technology shall conduct a extraction of plutonium and of high-level radioactive develop, and demonstrate research and development uranium from spent nuclear waste (42 U.S.C. 10202). technologies for treatment, program on advanced fuel for use in new fuel. recycling, and disposal of technologies for the Supporters contend that it spent nuclear fuel and high- reprocessing of spent nuclear could extend domestic energy level radioactive waste. The fuel. The technologies should supplies and reduce the technologies should be based be resistant to nuclear hazard posed by nuclear on reactors and accelerators weapons proliferation and waste, while opponents are and minimize nuclear support alternative spent fuel concerned that the extracted weapons proliferation disposal 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. CRS-47 Provision Current Law Senate House Comments Reactor No provision. Sec. 516. DOE shall No provision. Decommissioning Pilot decontaminate and Program decommission the sodium- cooled test reactor in northwest Arkansas. Growth of Nuclear Energy Provision Current Law Senate House Comments Commercial reactor For a commercial nuclear Sec. 521. A reactor's Sec. 301. The 40-year license Both provisions would license period reactor that receives a operating period under a period for a combined license provide the longest potential combined construction and combined license shall be no will not begin until NRC operating period for new operating license from the shorter than if separate determines that the completed reactors under a 40-year Nuclear Regulatory construction and operating reactor is ready to start combined license (which can Commission (NRC), the licenses had been issued. operating. be renewed). initial 40-year license period could begin when NRC grants a combined license for a reactor, before construction has started and years before the start of operation (AEA Section 103 c.). CRS-48 NRC Regulatory Reform Provision Current Law Senate House Comments Commercial reactor NRC must provide copies of Sec. 531. After receiving No provision. antitrust reviews commercial reactor license notice from NRC, the applications to the Attorney Attorney General shall review General, who must review commercial license them for antitrust problems applications for antitrust within 180 days. If problems problems within 90 days. are found, the Attorney Other antitrust review General may become a party procedures shall not apply to to the licensing proceedings new commercial reactor (42 U.S.C. 2135). license applications. Protection of reactor No specific provision. Sec. 532. Funds set aside for No provision. decommissioning funds decontamination and decommissioning of commercial nuclear reactors shall not be used to satisfy creditors for unrelated purposes. Similar protection is provided to insurance payments for nuclear incidents under the Price- Anderson Act. CRS-49 NRC Personnel Crisis Provision Current Law Senate House Comments Elimination of pension No provision. Sec. 541. If NRC has a No provision. offset for critical NRC critical need for the skills of a personnel retired employee, NRC can hire the retiree as a contractor and exempt him or her from the annuity reductions that would otherwise apply. NRC training program No specific provision. Sec. 542. Funding is No provision. authorized for NRC to carry out a training and fellowship program to develop critical nuclear safety skills. NRC cost recovery Federal agencies must pay No provision. Sec. 302. NRC may impose from other government fees to NRC for certain licensing and other cost-based agencies licensed activities (AEA Sec. fees on all NRC-licensed 161 w.). activities conducted by other federal agencies. Extension of limitation An account in the Treasury No provision. Sec. 303. The depleted on depleted uranium must be preserved through uranium treatment account funds FY2002 to pay for treatment must be preserved for that of depleted uranium purpose through FY2005. hexafluoride at former DOE plants in Ohio and Kentucky (P.L. 105-204). CRS-50 Provision Current Law Senate House Comments Transcripts of NRC No provision. No provision. Sec. 304. If a quorum of meetings NRC Commissioners meets to discuss official business, a transcript of non-confidential discussions at the meeting must be made available to the public. Paducah enrichment No provision. No provision. Sec. 307. The Secretary of plant decommissioning Energy must submit a plan to plan Congress for decontaminating and decommissioning surplus facilities and DOE material storage areas at the Paducah, Kentucky, uranium enrichment plant. Feasibility of locating No provision. No provision. Sec. 308. The Secretary of commercial reactors at Energy must determine the DOE sites feasibility of building commercial nuclear power plants at existing DOE sites. CRS-51 Oil and Gas Production Provision Current Law Senate House Comments Permanent authority to The SPR requires periodic Sec. 601. Authorization of No comparable provision. This provision would avoid operate the Strategic reauthorization. the Strategic Petroleum periods such as was Petroleum Reserve Reserve is made permanent, experienced in 2000, when subject to appropriations. authorization expired at the This eliminates the need for end of March and Congress periodic reauthorization. was unable to reach agreement on reauthorization until November. Federal oil and gas The Mineral Leasing Act of Sec. 602. The Secretary of the Sec. 6221-6225. The management 1920, as amended, provides Interior shall ensure timely Secretaries of Agriculture and the authority for onshore action on applications for oil the Interior must conduct a federal lands to be leased for and gas leases and drilling study of "impediments" to oil a specified period of time for permits on federal lands. and gas leasing on federal oil and gas development. lands. The Secretary of the Interior must eliminate unwarranted denials and stays of lease issuances. Federal oil and gas Current acreage limitations, Secs. 603. Lease acreage No provision. acreage limitations royalty policies and limitations 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 on Mineral Leasing Act of 1920. Sec. 604. The Secretary of the No provision. federal land Interior, in cooperation with the Secretary of Agriculture, shall establish a program that ensures the remediation of orphaned wells on federal land. CRS-52 Provision Current Law Senate House Comments Federal technical Mineral Leasing Act of 1920. Sec. 605. The Secretary of No provision. assistance for Energy shall establish a abandoned oil and gas technical assistance program wells to help states quantify and mitigate risks from abandoned wells. Offshore oil and gas Outer Continental Shelf Sec. 606. The Minerals Sec. 6231. The Secretary of suspensions Lands Act (43 U.S.C. 1334). Management Service (MMS) the Interior may allow can suspend offshore oil and suspension of operations gas operations to reevaluate under any OCS oil and gas geological data if the lease to allow time for suspension would prevent reinterpretation of exploratory waste from unnecessary well data under salt sheets. drilling. Offshore oil and gas The Deepwater Royalty No provision. Sec. 6201-6204. The Royalty royalties Relief Act of 1996 (DWRRA) Relief Extension Act of 2001 established the depths at extends the original which a specified amount of Deepwater Royalty Relief Act production is exempt from of 1995 for two years. royalties for leases held between 1996-2000. New rules modified the DWRRA for leases held after November 2000. Coalbed methane study Coalbed methane R&D is Sec. 607. The Secretary of the No provision. carried out by the DOE and Interior and others shall study funded through the Interior the effects of coalbed and Related Agencies methane production on water Appropriation Bill. resources. CRS-53 Provision Current Law Senate House Comments Oil and gas production Mineral Leasing Act of 1920. Sec. 608. The Secretary of No provision. royalty and tax policy Energy and others must evaluation evaluate the effect of oil and gas royalty and tax policies on oil and gas production. Strategic Petroleum The SPR was initially Sec. 609. The President must No comparable provision. Reserve (SPR) authorized in 1975 (P.L. 94- fill the SPR to its current 163). capacity "as soon as practicable" by the "most practicable and cost-effective means." Hydraulic fracturing No provision. Sec. 610. EPA is required to No provision. conduct a study of the effects of hydraulic fracturing of hydrocarbon-bearing geologic formations on underground sources of drinking water and determine whether regulation is necessary. If regulations are deemed unnecessary, states will be relieved from further obligation to regulate hydraulic fracturing. Safe Drinking Water No provision. Secs. 611-612. Funding is No provision. grant and preservation authorized for a grant to of oil and gas resource Alabama under the Safe data Drinking Water Act, and the U.S. Geological Survey may preserve and provide public access to oil and gas resource data. CRS-54 Provision Current Law Senate House Comments Federal oil and gas Royalty -in-kind authority is No provisions. Secs. 6232-6235. When the The Great Lakes issue royalties-in-kind and provided by the Outer federal government sells any became one of state versus other provisions Continental Shelf Lands Act physical quantities of oil and federal control over oil and of 1953, as amended (43 gas received as royalty-in- gas development, particularly U.S.C 1331, et. seq.). kind payments, it must sell it in Lake Michigan. In for market value and must February 2002 the Michigan A provision in the FY2002 receive revenues greater than legislature approved a bill to Energy and Water or equal to those received ban oil and gas drilling in the Development bill (P.L.107- under a comparable cash Great Lakes. Michigan 66) bans oil and gas drilling payment royalty. States and Governor Engler did not in the Great Lakes. provinces around the Great oppose the measure. Lakes are encouraged to prohibit or cease offshore oil and gas drilling in the Great Lakes. Coal leasing in the Coal is currently being leased Sec. 613. The Secretary of the No provision. The Bureau of Land Powder River Basin on federal lands under the Interior shall report to Management can issue Mineral Leasing Act of 1920 Congress on plans to resolve development leases for two (30 U.S.C.181). conflicts between different resources on the development of coal and same tract of land. The coalbed methane in the potential for conflict arises Powder River Basin. from overlapping coal and gas leases in the Powder River Basin. CRS-55 Natural Gas Pipelines Alaska Natural Gas Pipeline Provision Current Law Senate House Comments Short title and The Natural Gas Act (NGA) Secs. 701 and 703. This No provision. purposes gives FERC authority to subtitle may be called the certificate interstate pipelines. "Alaska Natural Gas Pipeline The Alaska Natural Gas Act of 2002." Its purpose is Transportation Act to expedite the completion of (ANGTA), 15 U.S.C. 719, one or more pipelines to creates a process where a deliver Alaskan natural gas to project in the Alaska Natural the contiguous 48 states. Gas Transportation System may be recommended and approved. Findings No provision. Sec. 702. North Slope gas No provision. FERC has issued a certificate supply is declared to be in the for the Alaska Gas Transport national interest. System Expedited certification ANGTA, NGA both address Sec. 704. FERC must issue a No 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 statement. CRS-56 Provision Current Law Senate House Comments Prohibition on certain No provision. Sec. 704(d). No federal Sec. 701. Same. This prohibition would block pipeline route approval may be granted for proposed natural gas pipeline any natural gas pipeline routes from the Alaska North transiting submerged lands or Slope that could open the the shoreline of the Beaufort U.S. market to Arctic Sea, nor for any gas pipeline Canadian natural gas crossing the U.S.-Canadian resources. border north of 68 degrees north latitude. Environmental reviews The National Environmental Sec. 705. FERC is designated Sec. 6503(c). Parameters are Policy Act (NEPA) calls for as the lead agency for set for NEPA reviews of oil environmental review and environmental reviews of an and gas leases on the ANWR analysis. Alaska gas pipeline. FERC Coastal Plain. must issue a draft environmental impact statement (EIS) within 12 months after determining the pipeline certificate application is complete. The final EIS is to be issued 6 months after the draft statement. Pipeline expansion No provision. Sec. 706. FERC has authority No provision. to order pipeline expansion, contingent upon approved tariffs and firm shipper agreement. CRS-57 Provision Current Law Senate House Comments Federal coordinator No 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 review No specific provision. Sec. 708. Legal challenge to Sec. 6508. Issues relating to agency actions under this bill Coastal Plain referred to U.S. are directed to the U.S. Court Court of Appeals, D.C. of Appeals for the D.C. Circuit Circuit. State jurisdiction over No specific provision. Sec. 709. Intrastate gas No provision. Treats sales of gas from this in-state gas delivery deliveries will not be pipeline as intrastate regulated by FERC. transactions. Loan guarantee No provision. Sec. 710. Loan guarantees of No provision. up to $10 billion are provided for an Alaska gas transport system certified by FERC. Project sponsors are required to "put 20% down"; other terms and conditions are to be worked out by the Secretary of Energy. CRS-58 Provision Current Law Senate House Comments Study of alternative No provision. Sec. 711. If no commercial No provision. means of construction pipeline 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 Alaska No provision. Sec. 712. Nothing in this bill No provision. Natural Gas Transport affects ANGTA. DOE has Act (ANGTA) and authority to amend existing authority to amend transport plan to bring it up to terms and conditions to date. meet current project requirements Definitions No provision. Sec. 713. This section defines No provision. the concept of Alaska natural gas as applying to the North Slope, including the Continental Shelf. It also defines the pipeline system as that part within the United States, and subject to FERC jurisdiction. CRS-59 Provision Current Law Senate House Comments Sense of the Senate No provision. Sec. 714. It is the sense of the No 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 construction No provision. Sec. 715. The Secretary of No provision. training program Labor is to report to Congress within 6 months on the training requirements needed for Alaska residents to participate in pipeline construction. The Secretary is tasked with establishing such program within 1 year of the report. CRS-60 Operating Pipelines Provision Current Law Senate House Comments Historic Preservation No provision. Sec. 721 The Chairman of Sec. 6104. The Secretary of Among the perceived Act and pipeline the Council on Environmental Energy, in coordination with bottlenecks in the approval of environmental review Quality (CEQ), in FERC, must form a task force new gas pipeline projects that coordination with the of the relevant agencies to the Bush Administration Chairman of FERC, is to develop an interagency seeks to streamline is the form an interagency task agreement to expedite the environmental review force that will develop an approval of pipeline projects. process. interagency memorandum of understanding to expedite Sec. 702. Pipelines are At issue regarding historic pipeline projects. The task exempted from the National preservation is whether force is to consist of the lead Register of Historic Places pipeline companies needing agency chairs, and the heads under the National Historic FERC approval to expand or of BLM, the Fish and Preservation Act (NHPA) renovate facilities should be Wildlife Service, Corps of unless they have been compelled by FERC to fund Engineers, Forest Service, abandoned or their owners and perform historical EPA, and the Advisory consent to such inclusion. documentation and Council on Historic preservation. Preservation. Pipeline Safety Provision Current Law Senate bill House bill Comments Short Title; Title 49 of the U.S. Code Sec. 741. This subtitle No provision. Secs. 741-783 include the Amendment of Title 49 includes federal law outlining (sections 741-783) may be previously passed Senate U.S.C. many of the legal authorities cited as the "Pipeline Safety pipeline safety bill (S. 235) for federal activities, Improvement Act of 2002." (with minor changes) and including regulation and several provisions pertaining enforcement, that influence to pipeline security and the safety and security of related issues. pipeline infrastructure. CRS-61 Provision Current Law Senate bill House bill Comments Pipeline Safety Pipeline safety provisions are Secs. 742- 765. To address No provisions. Selected pipeline safety Improvement Act of located 49 U.S.C. 601. concerns regarding human provisions are described. 2002 errors 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 authorized to certify that those plans are sufficient to ensure continuation of safety operations (Sec. 763). To enhance the safety of pipeline operations, companies are required to implement integrity 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). CRS-62 Provision Current Law Senate bill House bill Comments Pipeline safety 49 U.S.C. 601 Secs. 766- 778. To reduce No provision. education, state damage to infrastructure oversight, and caused by third parties, each authorizations owner 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 maintain liaison with various state or local entities and provide information, upon their request, on the integrity management program implemented at a facility and other aspects of facility operations, 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). CRS-63 Provision Current Law Senate bill House bill Comments New England pipeline No provision. Sec. 779. FERC, in No provision. transmission and conjunction with DOE, is to storage study conduct 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 environmental review and permitting process. A report to the Senate Energy and Natural Resources Committee and relevant House committee is required within 120 days of enactment. Pipeline security- 49 U.S.C. 601 Secs. 780- 783. To enhance No provision. sensitive information pipeline security, if the and criminal penalties Department 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). CRS-64 Fuels and Vehicles CAFE Standards, Alternative Fuels, and Advanced Technology Provision Current Law Senate House Comments Increased fuel economy The Energy Policy and Sec. 801. The Secretary of Sec. 201. The Secretary of Some argue that the savings standards Conservation Act (P.L. 94- Transportation must issue not Transportation must establish called for in the House bill 163), enacted in 1975, later than 15 months after fuel economy standards could be achieved with an established procedures enactment "new regulations for light-duty trucks increase in light-truck CAFE whereby the National setting forth increased fuel manufactured in model years of 1-2 mpg. The Senate Highway Traffic Safety economy standards" 2004-2010 that will result in a provision freezing the CAFE Administration (NHTSA) reflecting "maximum feasible gasoline consumption savings standard for "pickup trucks," follows a rulemaking process fuel economy levels" of at least 5 billion gallons of which are undefined, will to establish model year CAFE consistent with factors set out gasoline from what this narrow the scope of the standards for passenger in the original CAFE portion of the fleet would Senate language. Concurrent automobiles and light-duty legislation (P.L. 94-163). have consumed had the with congressional trucks. Fuel economy of (However, Sec. 811 freezes standard for this segment of consideration of energy passenger automobiles is "pickup truck" CAFE at 20.7 the vehicle fleet remained at legislation, the currently 27.5 mpg; light- mpg.) An environmental 20.7 miles-per-gallon. Administration, on Feb. 7, duty truck CAFE is 20.7 mpg. assessment is required of the 2002, issued a request for effects of the new standards, comments on CAFE and $2 million is authorized standards 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. CRS-65 Provision Current Law Senate House Comments Expedited procedures No current law. Sec. 802. In the event that the No comparable provision. Sec. 802 does not specify a for congressional Secretary of Transportation specific CAFE standard that increase in fuel does not comply with Sec. Congress may enact under economy standards. 801 within 15 months of expedited procedures. enactment, Congress may establish CAFE standards under expedited procedures. Considerations to be Current law requires Sec. 803. In addition to No comparable provision. The Senate legislation taken into account in Secretary of Transportation to considerations in current law, considerably lengthens the setting maximum consider "technological the Secretary of number of conditions to be feasible average fuel feasibility, economic Transportation must consider: analyzed and weighed by the economy standards practicability, the effect of (1) CAFE effects on reducing National Highway Traffic other motor vehicle standards U.S. dependence on imported Safety Administration in of the Government on fuel oil; (2) motor vehicle and setting standards. The economy, and the need of the passenger safety; (3) air implications, if any, for the United States to conserve quality; (4) the relative rule-making process are energy." [49 Sec. competitiveness of unclear. It is possible that 32902(2)(f)] manufacturers; (5) levels of these new considerations, if employment in the United retained in the final bill, will States; (6) the cost and lead be legally challenged and time for new technologies; (7) might delay the rulemaking potential benefits of advanced process 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 Council. CRS-66 Provision Current Law Senate House Comments Consideration of No current law. No comparable provision. Sec. 202. The Secretary of The original distinction prescribing different Transportation will consider between cars and light trucks average fuel economy the merits and benefits of in the Energy Policy and standards for non- basing fuel economy Conservation Act (P.L. 94- passenger automobiles standards for light-duty 163) assumed that vehicles vehicles upon some measure dedicated to passenger travel of vehicle weight. The would be subject to tougher Secretary should consider any CAFE standards, whereas recommendations made by light-duty trucks intended for the National Academy of hauling and other commerce Sciences in its fuel economy would be required to meet an study. If a weight-based appropriately less stringent system is adopted, an standard. In recent years, individual manufacturer could it has become apparent that trade credits among the vehicles such as sport utility different models produced by vehicles (SUVs) ­ which that manufacturer. otherwise meet the definition of "light duty trucks" ­ are being used as passenger vehicles but are not held to the CAFE standard of passenger automobiles. Extension of maximum Manufacturers earn a "CAFE Sec. 804. Maximum increase Sec. 203. An existing The fuel economy study by fuel economy increase credit" for producing dual- in a manufacturer's CAFE incentive that provides the National Academy of for alternative vehicles fueled vehicles. The owing to inclusion of dual- CAFE credits to Sciences (NAS) maximum increase in a fueled vehicles in its fleet is manufacturers of dual-fueled recommended manufacturer's CAFE owing limited to 1.2 mpg for model vehicles is extended through elimination of the credit, to inclusion of dual-fueled years 1993-2008, and 0.9 model year 2008. contending that these vehicles vehicles in its fleet is limited mpg for model years 2009- are rarely operated on to 1.2 mpg for model years 2013. anything but conventional 1993-2004, and 0.9 mpg for gasoline, while the credit model years 2005-2008. permits the manufacturer to sell less-efficient vehicles. CRS-67 Provision Current Law Senate House Comments Study of feasibility and Not in current law. No comparable provision. Sec. 207. The National effects of reducing use Academy of Science is to of fuel for automobiles undertake 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. Procurement of Sec. 303 of the Energy Policy Sec. 805. Five percent of Sec. 205. In addition to the The targets specified in alternative fueled and Act of 1992 (P.L. 102-486) light duty trucks procured for 75% of federal motor vehicles existing law have not been hybrid light-duty required that, by FY1999, federal fleets in FY2005- purchased each year that must met. trucks for federal fleets 75% of vehicle purchases for FY2006 must be alternative- be alternative-fueled under a federal fleet of 20 or more fueled or hybrid vehicles. Sec. 303(b)(1) of P.L. 102- light-duty motor vehicles be This requirement increases to 486, 5% of federal fleet alternative-fueled vehicles. 10% after FY2006. vehicles purchased during Exceptions were made for FY2004-FY2005, and 10% in emergency, military and law FY2006 and thereafter, must enforcement vehicles, among be alternative-fuel or hybrid other uses. vehicles. CRS-68 Provision Current Law Senate House Comments Use of alternative fuels Energy Policy Act of 1992 Sec. 806. Dual-fueled vehicle Sec. 206. Federal fleets must Under current law, there is no [42 U.S.C. 13220]. Of the fleets in executive branch reduce the purchase of specific requirement to use vehicles purchased by federal agencies must use alternative "petroleum-based alternative fuels in these and state agencies, and fuels 100% of the time by nonalternative fuels" during vehicles. alternative fuel providers in a Jan. 1, 2009, but the Secretary FY2004-FY2008 by some given year, a percentage must of Transportation is percentage from a baseline, as be alternative fuel vehicles. authorized to waive the designated by the Secretary of requirement to 50% of the Energy. 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 provided if the alternative fuel "is not reasonably available" in a particular geographic area. Hybrid electric and Sec. 807. Appropriations of No comparable provision. fuel cell vehicles $225 million to DOE are authorized 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. CRS-69 Provision Current Law Senate House Comments Diesel fueled vehicles No current law. Sec. 808. DOE is required to No 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 demonstration No current law. Sec. 809. The Secretaries of No comparable provision. Energy and Defense are to jointly carry out a program to accelerate use of fuel cell technology in military and non-military uses. Technologies developed in the Partnership for a New Generation of Vehicles and Freedom Car programs are specifically targeted. Bus replacement No current law. Sec. 810. The Secretary of No 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 fuels. CRS-70 Provision Current Law Senate House Comments Average fuel economy No specific provision. Sec. 811. The CAFE No comparable provision. The House legislation standard for pickup standard for "pickup trucks" requires savings in the fuel trucks is frozen at 20.7 mpg, the consumption of light-duty current standard for light-duty trucks, 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 provision might not exclude SUVs and vans from future rulemakings to set a higher CAFE standard. Annual report on U.S. No current law. No comparable provision. Sec. 802. National energy The House language does not energy independence. plans required by the specify whether this is Department of Energy dependence measured as Organization Act (P.L. 95-91) gross imports or net imports. must include a section In calendar year 2001, total evaluating progress the imports, expressed as a United States has made percentage of petroleum toward a goal of not products supplied, was exceeding 50% dependence 59.3%; as an expression of on foreign oil sources by net imports, it was 54.3%. No 2010. The plan shall also comparable provision was address what legislative or included in the Senate bill, administrative actions are but 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. CRS-71 Provision Current Law Senate House Comments Exception to HOV States may permit exemptions Sec. 812. States are permitted Sec. 151. States are permitted While not codified in federal passenger from high occupancy (HOV) to exempt one-passenger to grant exceptions to HOV law, HOV exemptions for requirements for restrictions for inherently low alternative fuel vehicles from restrictions for alternative fuel such vehicles are already alternative fuel vehicles emission vehicles [23 U.S.C. HOV restrictions. and hybrid vehicles. provided by some states 102(a)(2)]. because of their low emissions. Grants for alternative The Transportation Equity No provision. Sec. 2101- 2105. A pilot fuel vehicles Act for the 21st Century program is established within (TEA-21) [23 U.S.C. 149] the Department of Energy to provides grant funding for the provide grants to state and purchase of alternative fuel local governments, and vehicles and infrastructure, metropolitan transit but does not provide funding authorities, to aid in the for advanced diesel vehicles. purchase of alternative fuel and advanced diesel vehicles, and the infrastructure necessary to support them. Alternative fuel data No provision. Sec. 813. The Administrator No provision. Currently, EIA publishes collection of the Energy Information annual data on fuel Administration (EIA) is consumption and vehicle required to conduct a survey purchases. on alternative fuels and publish monthly data on quantities of fuel produced, imported, and consumed, as well as production costs, marketing costs, and market prices. CRS-72 Provision Current Law Senate House Comments Green school buses The Transportation Equity Secs. 814- 816. A pilot Sec. 2141- 2144. Similar to Act for the 21st Century program is established by the the Senate version, except (TEA-21) [49 U.S.C. Departments of Energy and that the program would be 5309(m)(1)(C)] provides Transportation to provide administered solely by the grant funding for research grants to local governments Department of Energy. and demonstration of fuel cell and contractors that provide Further, the House version buses, mainly for transit school bus service for public has potentially more stringent purposes. school systems to aid in the requirements for emissions purchase of alternative fuel from eligible vehicles. and advanced diesel buses, and the infrastructure necessary to support them. In addition, Section 815 establishes a pilot program for the development and demonstration of fuel cell school buses. Biodiesel fuel use credit Energy Policy Act of 1992 Sec. 817. Fleet operators may Sec. 153. Credits for the [42 U.S.C. 13220]. Of the claim alternative fuel vehicle purchase of biodiesel fuel vehicles purchased by a credits for excess purchase of may be counted toward future federal, state, and fuel biodiesel fuel. Further, fleet vehicle purchase provider fleet in a given year, operators may use biodiesel requirements. a percentage must be fuel to meet up to 100% of alternative fuel vehicles. Any required purchases in a given excess vehicle purchases may year. 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. CRS-73 Provision Current Law Senate House Comments Neighborhood electric The Energy Policy Act of Sec. 818. Neighborhood No provision. Neighborhood electric vehicles 1992 [42 U.S.C. 13211] electric vehicles may be vehicles (NEVs) are small defines the term "alternative treated as alternative fuel electric vehicles that are fuel vehicle." vehicles for compliance and certified for low speeds. tax purposes. Secondary electric No provision. No provision. Sec. 2131- 2133. A program Sec. 625 of the Energy Policy vehicle battery is established for research and Act required a DOE study of research and development on applications utility applications for used development for used electric vehicle electric vehicle batteries. batteries in utility and commercial power storage. Credit for hybrid Energy Policy Act of 1992 Sec. 819. Fleet operators may No provision. Currently, hybrid vehicles are vehicles, dedicated [42 U.S.C. 13258]. Of the generate alternative fuel not considered alternative fuel alternative fuel vehicles vehicles purchased by a vehicle (AFV) credits through vehicles because their and infrastructure federal, state, and fuel the use of hybrid vehicles. In primary fuel is gasoline. provider fleet in a given year, addition, fleet operators may Credits may be used to help a percentage must be generate credits by helping meet future alternative alternative fuel vehicles. expand AFV use in non- vehicle purchase covered fleets, and through requirements. investment in AFV infrastructure. CRS-74 Provision Current Law Senate House Comments Renewable content of No provision. Sec. 820. Beginning in 2004, Sec. 604. The EPA The two most common motor fuel motor gasoline must contain a Administrator and the renewable fuels are ethanol certain amount of renewable Secretary of Energy are and biodiesel. Currently, fuel. In 2004, 2.3 billion required to conduct a study about 1.8 billion gallons of gallons of renewable fuel on the feasibility of requiring ethanol and 0.1 billion gallons must be sold annually, a minimum quantity of of biodiesel are consumed increasing incrementally each renewable 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 extra credits toward fulfilling the program's requirements. Further, renewable fuel providers are exempt from defective product liability if they are in compliance with the Clean Air Act. Federal agency No provision. Sec. 820A. Federal agencies No provision. In some places, mainly in the ethanol-blended must purchase ethanol- Midwest, ethanol-blended gasoline and biodiesel blended gasoline and gasoline comprises the purchasing biodiesel for diesel blending majority of retail gasoline. requirement in areas where the fuels are generally available at a competitive price. Certain vehicles, such as non-road, combat, emergency, and law enforcement vehicles are exempt. CRS-75 Provision Current Law Senate House Comments Loan guarantees for No provision. Sec. 820B. The Secretary of Sec. 603 The Secretary of commercial byproducts Energy is required to Energy is required to conduct (including ethanol) of establish a program to a study on the feasibility of municipal solid waste provide loan guarantees for providing loan guarantees for the construction of facilities such facilities. that process and convert municipal solid waste into fuel ethanol and other commercial products. Additional Fuel Efficiency Measures Provision Current Law Senate House Comments Fuel efficiency of the Executive Order 13149, Sec. 821. Executive agencies Sec. 204. Similar to Senate These provisions largely federal fleet of issued by President Clinton are required to increase the provision. codify the existing executive automobiles on April 21, 2000, directed average fuel economy of their order. that federal agencies increase new vehicle purchases by 1 the EPA-rated fuel economy mile per gallon (mpg) in of their new passenger cars FY2002 and 3 mpg in by at least 1 mile per gallon FY2005, from a FY1999 (mpg) by the end of FY2002 baseline. This applies to and at least 3 mpg by FY2005 passenger automobiles and from a baseline of FY1999 light-duty trucks, but acquisitions. excludes vehicles used in combat-related missions, law enforcement, and emergency rescue work. CRS-76 Provision Current Law Senate House Comments Idling reduction No provision. Sec. 822. The Department of Sec. 162. The Environmental The House and Senate systems in heavy duty Energy is required to study Protection Agency is required versions focus on vehicles and advanced potential fuel savings from to determine whether existing substantially different factors. idle elimination systems reducing long duration idling air emissions models The Senate version focuses of heavy-duty engines. After accurately reflect the solely on on-board completion of the study, the emissions from idling heavy- technologies to reduce fuel Secretary may require the duty vehicles. Further, the consumption. The House installation of on-board idling Agency is required to version focuses on stationary reduction systems on new determine whether emission systems to reduce pollutant heavy-duty vehicles. reduction credits should be emissions. allotted for the installation of idle elimination systems at truck stops and other locations. Conserve by bicycling No provision. Sec. 823. The Secretary of No provision. program Transportation is required to establish a pilot program to encourage the use of bicycles in place of motor vehicles. Fuel cell vehicle Various programs currently Sec. 824. The Secretary of No provision. program exist to promote the research, Energy is required to develop development, and a program to enable the demonstration of fuel cells availability 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 vehicles. CRS-77 Federal Reformulated Fuels Provision Current Law Senate House Comments Short title Not applicable. Sec. 831. "Federal No similar provision. Reformulated Fuels Act of 2002." Leaking underground The Solid Waste Disposal Act Sec. 832. Funds are Sec. 504. $200 million is MTBE, a common additive in storage tanks and [42 U.S.C. 6991] provides for authorized from the Leaking authorized from the LUST gasoline, has been found to funding for mtbe the regulation of underground Underground Storage Tank Trust Fund for the mitigation contaminate underground contamination storage tanks, including (LUST) Trust Fund for the and prevention of MTBE drinking water sources in gasoline storage tanks. prevention and mitigation of contamination. several states. Among other provisions, the contamination by ether fuel act allows regulations for the additives including methyl detection, prevention, and tertiary butyl ether (MTBE). correction of releases of The following funds are regulated substances. authorized for FY2003 through FY2008: $200 million for general MTBE mitigation, $200 million for release prevention; $2 million for research on bedrock remediation; $350,000 for research on soil remediation. CRS-78 Provision Current Law Senate House Comments Authority for water The Clean Air Act does not Sec. 833. The EPA No provision. At least 14 states have already quality protection from give the Environmental Administrator may control or passed laws to ban or limit fuels Protection Agency (EPA) the prohibit the sale of fuel or the use of MTBE. authority to regulate fuels to fuel 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 production of other gasoline additives. Elimination of oxygen The Clean Air Act Sec. 834. The Clean Air Act No provision. content requirement Amendments of 1990 [42 is amended to eliminate the for reformulated U.S.C. 7545(k)] require the minimum oxygen gasoline use of Reformulated Gasoline requirement. Further, EPA (RFG) in certain ozone must promulgate regulations nonattainment areas. RFG to maintain current toxic air areas must meet more pollutant reductions. In stringent standards for addition, standards for various pollutants than Northern and Southern RFG conventional gasoline areas. areas are consolidated so that RFG is also required to all areas are held to the more contain a minimum level of stringent southern standard oxygen. In addition, Southern RFG areas face more stringent standards than Northern areas. CRS-79 Provision Current Law Senate House Comments Public health and Under the Clean Air Act Sec. 835. The EPA No provision. environmental impacts Amendments of 1990 [42 Administrator must study the of fuels and fuel U.S.C. 7545(b)], the EPA health and environmental additives Administrator may require effects of fuels and fuel manufacturers to conduct additives. Manufacturers are tests on the health effects of also required to conduct tests fuels and fuel additives. on health and environmental effects. Analyses of motor No provision. Sec. 836. The EPA No provision. vehicle fuel changes Administrator must publish an analysis of the changes in emissions and air quality resulting from the implementation of Subtitle C. Additional opt-in areas Under the Clean Air Act Sec. 837. Areas in No provision. The ozone transport region under reformulated Amendments of 1990 [42 compliance with ozone covers areas from the gasoline program U.S.C. 7545(k)], areas in standards (that are within the Washington, D.C. severe or extreme ozone transport region) may Metropolitan Statistical Area nonattainment of ozone also opt-in to the federal RFG to Maine. standards are required to use program, unless there is RFG. Other nonattainment insufficient supply of RFG. areas with less severe problems may opt-in to the RFG program. CRS-80 Provision Current Law Senate House Comments Modifications to Regulations promulgated No provision. Sec. 501- 502. EPA is reformulated gasoline under the RFG program set required to determine whether requirements certain accounting, these requirements should be documentation, and modified. Specifically, EPA compliance requirements must study whether changes concerning the draining of could improve the cost and gasoline storage tanks and the availability of RFG. Any distribution of RFG blending modifications to the RFG components [40 CFR 80.78 program must be and 80.102]. implemented 60 days before the beginning of the high ozone season (summer). Federal enforcement of Under the Clean Air Act Sec. 838. If a state requests, No provision. state fuels Amendments of 1990 [42 EPA may enforce fuel requirements U.S.C. 7545(k)], states with requirements set in a state's less-severe ozone SIP. nonattainment areas (that do not opt-in to the RFG program) may set their own fuel standards as part of State Implementation Plan (SIP) for ozone. CRS-81 Provision Current Law Senate House Comments Fuel system Fuel standards vary. Sec. 839. The EPA Sec. 503. Substantially similar Because of various federal requirements Administrator and the to the Senate provision. and state standards, as well as harmonization study Secretary of Energy are However, the House version local refining and marketing and boutique fuels required to conduct a study of would require publication of a decisions, refiners may face all federal, state, and local report by the end of this year. several different fuel environmental requirements standards in a state. These for motor fuels. They are various fuel formulations required to analyze the effects have the potential to of the various standards on contribute to supply consumer prices, fuel disruptions and price availability, domestic instability. suppliers, air quality and vehicle emissions. Further, they are required to study the feasibility of developing national or regional fuel standards. A report must be published by June, 2006. Review of federal Executive Order 13149, Sec. 840. The Administrator No provision. Most federal AFVs are dual- procurement initiatives issued by President Clinton of the General Services fuel vehicles (capable of relating to use of on April 21, 2000, directed Administration must submit a being fueled by either an recycled products and that federal agencies increase report to Congress on efforts alternative or conventional fleet and the EPA-rated fuel economy by federal agencies to fuel), and most of these are transportation of passenger cars and to fuel purchase recycled products, fueled with gasoline as efficiency alternative fuel vehicles purchase AFVs and fuels, and opposed to alternative fuels. (AFV) with alternative fuels a improve 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 products. CRS-82 Provision Current Law Senate House Comments Mobile to stationary No provision. No provision. Sec. 154. The Environmental source trading Protection 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 Low Income Assistance and State Energy Programs Provision Current Law Senate House Comments Energy conservation Funding authorizations have No provision. Sec. 101. Funding is programs expired. authorized for DOE Energy reauthorization Efficiency R&D programs under the Interior Appropriations bill through FY2006. CRS-83 Provision Current Law Senate House Comments LIHEAP, Department of Health and Sec. 901. Increased funding is Funding authorizations for The bills are nearly identical. weatherization, and Human Services funding for authorized for LIHEAP and LIHEAP (Sec. 134) and The House bill also requires a state energy funding the Low-Income Home Weatherization grant Weatherization (Sec. 133) GAO study of LIHEAP. Energy Assistance Program programs for FY2003 grant programs are set for (LIHEAP) is currently through 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 authorized through FY2003 under 42 U.S.C. 6322. State energy programs Authorization expired. Sec. 902. Increased funding is Sec. 131. The House authorized for FY2003 provisions are nearly identical through FY2005 for the DOE to those in the Senate bill. State Energy grant programs. Also, new requirements are set for state energy conservation goals and plans. Energy efficient Sec. 397 of the Energy Policy Sec. 903. DOE is directed to Sec. 132. The funding The House provision in Sec. schools and Conservation Act (EPCA, create a High Performance authorization for the DOE 135 appears similar to, but P.L. 94-163) authorizes Schools Program, a grant schools and hospitals broader than, the Senate funding for the DOE schools program for using energy- program is extended through provision. and hospitals program efficient measures in the 2010. Sec. 135 creates a through FY2003. renovation and construction High Performance Public of schools. Buildings Program, a grant program for energy-efficient renovation and construction of local government buildings. CRS-84 Provision Current Law Senate House Comments Low income No existing program. Sec. 904. A pilot energy- No provision. community energy efficiency program is created efficiency pilot for community development program corporations and Native American economic development entities. Energy efficient No existing program. Sec. 905. DOE is required to The House bill does not have appliance rebate fund rebate programs in a rebate provision, but programs eligible states to support Sec.3107 provides a tax credit residential end-user purchases to producers for certain of Energy Star products. energy efficient residential appliances. Federal Energy Efficiency Provision Current Law Senate House Comments Energy management Section 202 of Executive Sec. 911. The baseline is Sec. 121b. The 1985 baseline The two bills are fairly close requirements Order 13123 employs 1985 as updated from 1985 to 2000 is kept and a goal of 45% in the goal set for 2011. the baseline for measuring and a new goal of 20% reduction is set for 2020. federal building energy reduction is set for 2011. At efficiency improvements and that time, DOE is directed to calls for a 35% reduction in assess progress and set a new energy use per gross square goal for 2021. foot by 2010. Energy use No existing requirement. Sec. 912. Federal buildings Sec. 121f and 126. The measurement and are required to be metered or provision is nearly identical accountability sub-metered by late 2004, to to that in the Senate bill. help reduce energy costs and promote energy savings. CRS-85 Provision Current Law Senate House Comments Advanced building New program. No provision. Sec. 125. DOE is required to efficiency testbed create a program to develop, test, and demonstrate advanced federal and private building efficiency technologies. Federal building Mandatory energy efficiency Sec. 913. DOE is directed to No provision. performance standards performance standards for set revised energy efficiency federal buildings are set in standards for new federal Section 305(a) of P.L. 94-385 buildings. (ECPA) and implemented through 10 CFR Part 435. Procurement of energy Section 403 of Executive Sec. 914. Statutory authority Sec. 121e. A similar efficient products Order 13123 directs federal is created that requires federal requirement is set in the agencies to purchase life- agencies to purchase Energy House bill. Also, Sec.124 cycle cost-effective Energy Star or energy efficient requires federal agencies to Star products. products designated by the acquire efficient (SEER 12) Federal Energy Management air conditioners and heat Program (FEMP). pumps. Repeal of energy Section 801(c) of the National Sec. 915. Federal agencies are Sec. 122. A similar extension savings performance Energy Conservation Policy empowered to continue using is set out in the House bill. contract (ESPC) sunset Act (NECPA, P.L. 95-619) energy savings performance provides for federal use of contracts indefinitely. energy savings performance contracts through the end of FY2002. Energy savings Section 804(2) of NECPA Sec. 916. The definition of Sec. 122. Similar definitions performance contract provides definitions for energy savings is expanded to are set out in the House bill. definitions ESPCs. include a reduction in water costs. CRS-86 Provision Current Law Senate House Comments Review of energy No existing requirement. Sec. 917. DOE is required to Sec. 127. The same provision savings performance report to Congress on barriers is set out in the House bill. contract program to the ESPC program and ways to improve its effectiveness. Utility incentive Section 546(c) of NAECA No provision. Sec. 123. The current law is programs authorizes and encourages amended to allow agencies to federal agencies to participate form contracts for energy in utility incentive programs efficiency services under to increase energy efficiency utility programs. and water conservation. Federal energy bank No existing requirement. Sec. 918. A fund is No related provision. established in the U.S. Treasury that can be used for loans to federal agencies for energy and/or water efficiency. Energy and water Section 310 of the Legislative Sec. 919. The Architect of the Sec. 128. Funding is saving measures in Branch Appropriations Act of Capitol is required to plan authorized to support a congressional buildings 1999 called for the Architect and implement an energy and requirement that the AOC of the Capitol (AOC) to water conservation strategy study the potential for develop an energy efficiency for congressional buildings renewable energy and other plan for congressional that is consistent with that sources to make the Capitol buildings. required of other federal complex more secure from buildings. No funding power shortages. authorization specified. Increased use of No provision. Sec. 920. Requires federally No related provision. recovered material in funded projects to increase federally funded the procurement of cement projects involving and concrete that uses procurement of cement recovered material. or concrete CRS-87 Industrial Efficiency and Consumer Products Provision Current Law Senate House Comments Voluntary While there is no current Sec. 921. DOE is authorized No provision. commitments to reduce statutory authority, programs to form voluntary agreements industrial energy have been in place, such as with industry sectors or intensity the former Climate Wise companies to reduce energy program at EPA. use per unit of production by 2.5% per year. Authority to set Current law has standards for Sec. 922. DOE is authorized No provision. standards for residential appliances, but not to set energy efficiency commercial products for commercial equipment. standards for commercial appliances and products. Additional definitions Energy terms are defined in Sec. 923. Terms are defined Sec. 124d. Definitions for various statutes. for provisions in the several energy efficiency following sections. terms are updated. Additional test No existing requirement. Sec. 924. Test procedures are Sec. 143. DOE is directed to procedures prescribed for exit signs, set test procedures, standards, traffic signals, and and labels for residential transformers, and DOE is furnace fans, residential directed to set procedures for central air conditioner fans, ceiling fans, vending heat pump circulation fans, machines, and commercial suspended ceiling fans, and refrigerators. refrigerated bottled or canned beverage vending machines. CRS-88 Provision Current Law Senate House Comments Energy labeling Section 324(a) of the Energy Sec. 925. FTC is required to Sec. 142. DOE is required to Policy and Conservation Act issue a rule that addresses recommend labeling for non- (P.L. 94-163) directed the changes to improve the covered products to FTC. Federal Trade Commission effectiveness of energy labels. FTC is required to issue a rule (FTC) to issue a rule for Also, DOE is directed to on the feasibility of labeling energy efficiency labels on prescribe labeling non-covered products and the consumer products (42 U.S.C. requirements for products effectiveness of the current 6294). added by this title of the bill. labeling program. Energy Star Program No existing statutory Sec. 926. DOE and EPA are Sec. 141. The statutory authority. given statutory authority for authority is the same, except the Energy Star program. that DOE and EPA are also directed to determine whether certain products and buildings should be included under the authority. Energy conservation Section 546(c) of NECPA, as Sec. 927. DOE is directed to No provision. A DOE rulemaking late in the standards for central implemented by 10 CFR, sets amend the standard within 60 Clinton Administration set the air conditioners and a seasonal energy efficiency days after enactment. standard to a SEER of 13. heat pumps ratio (SEER) standard of 10 Early in the Bush for central air conditioners Administration a new DOE and heat pumps. rulemaking rescinded the previous one and proposed a SEER of 12. Energy conservation No existing requirement for Sec. 928. DOE is directed to Sec. 143. DOE is required to standards for additional products and issue a rule that determines set energy efficiency additional consumer standby mode. whether an energy efficiency standards for the standby and commercial standard needs to be set for mode of households products and standby the standby operating mode appliances, excluding certain mode of certain appliances. digital devices and certain other equipment subject to other standards. CRS-89 Provision Current Law Senate House Comments Consumer education No provision. Sec. 929. A public education Sec. 143c. DOE is required to on energy efficiency program is authorized that implement a public education benefits of air would address the energy- program about the energy conditioning, heating, saving benefits of improved saving benefits of improved and ventilation maintenance for certain maintenance of equipment. maintenance equipment. Also, the Small Business Administration is directed to assist small businesses in becoming more energy efficient. Study of energy No provision. Sec. 930. DOE is directed to No provision. efficiency standards have NAS study how the effectiveness of standards may be influenced by measures that focus either on energy end-use or on the full fuel cycle. Housing Efficiency Provision Current Law Senate House Comments Capacity building for No provisions for energy Sec. 931. Activities are Sec. 4101. The House bill energy efficient, efficient housing in HUD required that provide energy provision is the same as that affordable housing Demonstration Act (42 efficient affordable housing in the Senate bill. U.S.C. 9816). and other residential measures under the HUD Demonstration Act. CRS-90 Provision Current Law Senate House Comments Increase of CDBG Section 105(a)(8) of the Sec. 932. The amount of Sec. 4102. The House bill public services cap for Housing and Community assistance for providng public provision is the same as that energy conservation Development Act of 1974 services involving energy in the Senate bill. and efficiency activities allows a percentage of efficiency is increased by community development 10%. block grant (CDBG) public service funding to be used for energy efficiency. Federal Housing Section 203(b)(2) of the Sec. 933. The amount of Sec. 4103. The House bill Administration National Housing Act allows property value that can be provision is the same as that mortgage insurance solar energy equipment to covered by mortgage in the Senate bill. incentives for energy increase the amount of insurance due to solar energy efficient housing property value that can be equipment. is increased from covered by mortgage 20% to 30%. insurance by up to 20%. Public housing capital No provision for energy and Sec. 934. The Public Housing Sec. 4104. The House bill fund water efficiency Capital Fund is modified to provision is the same as that improvements (42 U.S.C. include certain energy and in the Senate bill. 1437). water use efficiency improvements. Grants for energy- No provision for energy and Sec. 935. HUD is directed to Sec. 4105. The House bill conserving water efficiency provide grants for certain provision is the same as that improvements for improvements (42 U.S.C. energy and water efficiency in the Senate bill. assisted housing 8231). improvements to multifamily housing projects. North American No existing requirement. Sec. 936. The North Sec. 4106. The House bill Development Bank American Development Bank provision is the same as that is encouraged to finance in the Senate bill. energy efficiency projects. CRS-91 Provision Current Law Senate House Comments Capital fund No existing provision for Sec. 937. Activities of the No provision. proposed energy projects (42 Housing Act Capital Fund are U.S.C. 1437). expanded to include broader authorization for energy efficiency projects. Energy-efficient No existing requirement. Sec. 938. Public housing No provision. appliances agencies are required to purchase cost-effective Energy Star appliances. Energy-efficient The federal government Sec. 939. The energy No provision. standards encourages states to use efficiency standards and energy efficiency standards codes are changed from for public and assisted CABO to the 2000 housing, and Model International Energy Efficiency codes, that are set Conservation Code. by the Council of American Building Officials (CABO) (42 U.S.C. 12709). Energy strategy for the No existing requirement. Sec. 940. HUD is required to No provision. Department of Housing implement an energy and Urban efficiency 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. CRS-92 Rural and Remote Communities Provision Current Law Senate House Comments Rural and Remote No current law. Secs. 941-950. In general, No comparable provision. Community Fairness the purpose of this title is to Act develop and maintain "viable 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 these services or who currently bear costs ... significantly above the national average." [Sec. 942] Among other programs, the "Rural and Remote Community Fairness Act" authorizes and appropriates $20 million for 7 fiscal years to provide grants to rural and remote communities for purposes of "increasing energy efficiency, siting or upgrading transmission and distribution lines, or providing or modernizing electric facilities." [Sec. 948] CRS-93 National Climate Change Policy Sense of Congress Provision Current Law Senate House Comments Sense of Congress on No provision. Sec. 1001. Growing evidence No provision. global warming is 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 international leadership and responsibility in mitigating the health, environmental, and economic threats posed by global warming. and assess the Federal Government's implementation of it. Climate Change Strategy Provision Current Law Senate House Comments Definitions No provision. Sec. 1012. Critical terms used No provisions. No specific targets or time in the title are defined, frames for greenhouse gas including "climate-friendly reduction are mentioned. technology" and "stabilization of greenhouse gas concentrations." CRS-94 Provision Current Law Senate House Comments National climate Sec. 1602(a) of the 1992 Sec. 1013. The President, No provision. This title sets up new change strategy Energy Policy Act states that through a new Office of institutions and institutional "The ... National Energy National Climate Change arrangements to study global Policy Plan ... shall include a Policy (ONCCP) in the climate change, its ... strategy ... designed to Executive Office of the implications, and possible achieve ... the stabilization President (EOP), is to develop responses. It does not state and eventual reduction in the a National Climate Change that its goal is compliance generation of greenhouse Strategy (NCCS) based on with the UNFCCC gases...." parameters identified in the commitment the U.S. made Title. The ONCCP is directed under article 4, 2(b) when it Article 4, 2(b) of the ratified. to develop the NCCS with the ratified the UNFCCC in 1992. United Nations Framework long-term goal of Convention on Climate stabilization of greenhouse Change (UNFCCC) states: gas concentrations. The "Parties [developed countries] NCCS is to encompass four shall communicate ... key elements ­ (1) emissions information on its policies mitigation measures; (2) and measures ... with the aim technology innovation; (3) of returning individually or climate adaptation research; jointly to their 1990 levels ... and (4) expanded efforts to anthropogenic emissions of resolve remaining scientific carbon dioxide and other and 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 Sciences. CRS-95 Provision Current Law Senate House Comments Office of National New program office. Sec. 1014. The ONCCP is No provision. New office established within Climate Change Policy established within the EOP. the Executive Office of the ONCCP is to focus on President to coordinate achieving the long-term goal climate 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 objective nature of the CCRS; and advising the President on federal implementation of climate change activities. Among the duties of the Director are to advise the President on the multiple impacts 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. CRS-96 Provision Current Law Senate House Comments Office of Climate New program office and/or Sec. 1015. The Office of Sec. 2171-2178. The Climate Both bills authorize cost- Change Technology funding. Climate Change Technology Change Protection Programs sharing programs with the (OCCT) is established within in EPA's Office of Air and private sector, but with EPA/OAR DOE. Responsibilities Radiation receive a 3-year different lead agencies, and authorization of include managing an energy authorization totaling $380.4 restrictions on what can be appropriations technology R&D program million to fund research and funded. that focuses on high-risk, development, and breakthrough technologies demonstration and that promise to mitigate commercialization projects on and/or sequester emissions of a cost-shared basis with non- greenhouse gases. In federal entities. Non-federal addition, OCCT is to support sources would be responsible development of the NCCS for 20% of the costs for a and the activities of the research and development Interagency Task Force project and 50% of the cost through provision of staff, for a demonstration and data, and analytical tools. The commercial application. OCCT is to maintain core Funding is restricted to analytical capabilities and technologies or processes that other expertise in support of can be reasonably expected to the NCCS. It is required to yield new, measurable submit to Congress and the benefits to the cost, ONCCP an annual report on efficiency, or performance of its progress in meeting the the 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. CRS-97 Provision Current Law Senate House Comments Additional offices and No specific provisions. Sec. 1016. Other federal No provision. activities agencies may establish appropriate offices as necessary to carry out the provisions of this Act. Science and Technology Policy Provision Current Law Senate House Comments Global climate change New priority goal. Sec. 1021. Section 101(b) of No provision. in the Office of Science the National Science and and Technology Policy Technology Policy, Organization, and Priorities Act of 1976 is amended to include under the Office of Science and Technology Policy (OSTP) the priority goal of "improving efforts to understand, assess, predict, mitigate and respond to global climate change." Director of Office of New responsibility. Sec. 1022. OSTP is to advise No provision. Science and the Director of ONCCP on Technology Policy science and technology functions matters as they relate to climate change. CRS-98 Miscellaneous Provisions Provision Current Law Senate House Comments Additional information New requirement. Sec. 1031. Agencies are No provision. for regulatory review required 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 emissions. Greenhouse gas New requirement. Sec. 1032. Four federal No provision. emissions from federal agencies are required to facilities develop a methodology for estimating greenhouse gas emissions from all federally owned, leased, or operated facilities, including mobile sources. An emissions estimate is required within 18 months of enactment. CRS-99 National Greenhouse Gas Database Provision Current Law Senate House Comments Purpose A voluntary greenhouse Sec. 1101. Purpose is to No provision. reduction accounting system establish a reliable and exists under Sec. 1605(b) of accurate 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. Definitions New Program. Sec. 1102. Terms for Title XI No provision. are defined. Six gases are explicitly included in the definition of greenhouse gases: carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. Others may be added to the list. CRS-100 Provision Current Law Senate House Comments Establishment of New Program. Sec. 1103. Specifies duties for No provision memorandum of the Department of Energy, agreement Department 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 database. National Greenhouse New Program Sec. 1104. The National No provision. Gas Database Greenhouse Gas Database is established to collect, verify, and analyze information on greenhouse gas emissions and reductions by entities in the United States. The comprehensive system is to maximize completeness while minimizing costs to participants. Reductions recorded may be applied to any future control program. CRS-101 Provision Current Law Senate House Comments Greenhouse gas Voluntary greenhouse gas Sec. 1105. All participating No provision. Reportable reductions include reduction reporting reductions are currently entities must establish a verifiable reductions reported reported under Sec. 1605(b) baseline on an entity-wide under Sec. 1605(b) of of the 1992 Energy Policy basis (except for sequestration EPACT. 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 the above date. Measurement and New requirements. Sec. 1106. The four No provision. verification designated agencies shall jointly develop comprehensive measurement and verification methods to ensure the registry is an accurate record of greenhouse gas emissions, reductions, sequestrations, and atmospheric concentrations. Independent reviews New requirements. Sec. 1107. Database efficacy No 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. CRS-102 Provision Current Law Senate House Comments Review of participation New requirements. Sec. 1108. Within five years No provision. of enactment, if participation in the registry involves less than 60% of aggregate greenhouse emissions, participation by all entities shall be mandatory. Enforcement New requirements. Sec. 1109. Failure of any No provision. participating entity to report emissions under section 1108 is subject to civil action in federal court and civil penalties of up to $25,000 per day of non-compliance. Report on statutory New requirements. Sec. 1110. The President No provision. changes and shall submit to Congress harmonization within three years of enactment a report describing any necessary changes in law necessary to improve the accuracy or operation of the database or the Title. Authorization of No provision. Sec. 1111. There are No provision. appropriations authorized to be appropriated such sums as necessary to carry out this Title. CRS-103 Energy Research and Development Programs Provision Current Law Senate House Comments Energy research and R&D programs are currently Sec. 1201-1204. A DOE Sec. 2001-2007. DOE is The Senate bill is broader development programs funded, but there are no energy R&D and deployment urged to conduct an R&D and than the House bill and it also existing goals for reducing program is charged with the commercial application sets goals for energy energy intensity, curbing goals of reducing energy programs for energy efficiency. energy use, and cutting intensity by 1.9% annually efficiency, renewable energy, carbon dioxide emissions. through 2020, reducing total nuclear energy, fossil energy, energy use by 8 quadrillion and science. Also, Sec. 2461 Btu by 2020, and reducing authorizes DOE RD&D carbon dioxide by 166 funding of fuel cell million metric tons by 2020. technologies, with special focus on improving manufacturing production processes. Energy Efficiency Provision Current Law Senate House Comments Enhanced energy Funding is in place for DOE Sec. 1211. Numerous goals Sec. 2161. Funding for the efficiency research and energy efficiency programs, are set for the DOE energy DOE energy efficiency development and many performance goals efficiency programs. Also, programs is authorized for are set out in the FY2003 funding for the programs is FY2003 through FY2004. budget request. authorized for FY2003 through FY2006. CRS-104 Provision Current Law Senate House Comments National building No existing requirement. No provision. Sec. 2181. An interagency performance initiative group is established to address energy efficiency R&D for buildings. The National Institute for Standards and Technology is directed to provide administrative support. Energy efficiency Though there is no statutory Sec. 1212. Statutory authority Sec. 2161. Funding appears to science initiative authority, congressional is provided for the program be authorized as part of a initiatives have repeatedly and funding up to $50 million blanket authorization for funded this DOE program for annually is authorized DOE energy efficiency several years. It is indefinitely. Also, DOE is programs. administered jointly by the directed to prepare an annual Office of Energy Efficiency report on the program. and Renewable Energy and the Office of Science. Next generation No existing requirement. Sec. 1213. A DOE program is Sec. 2151-2155. An R&D lighting initiative created that aims to develop, grant program is established by 2011, advanced white at DOE for advanced lighting light-emitting diodes for high technologies focused on energy efficiency in lighting. white light-emitting diodes. Efficient railroad No provision. Sec. 1214. A public-private Sec. 152. Similar to the engine development research partnership is Senate provision, except that and demonstration established for the safety and cost are not criteria development and for the program. $90 million demonstration of locomotive total is authorized to be engines that increase fuel appropriated between economy, reduce emissions, FY2002 and FY2004. improve safety, and lower costs. $130 million total is authorized to be appropriated for FY2003 and FY2004. CRS-105 Provision Current Law Senate House Comments High power density No specific provision. Sec. 1215. DOE must create Sec. 2124. Nearly identical to industry program an RD&D program to Senate provision. improve energy efficiency and load management of data centers, server farms, and other high power density facilities. Precious metal No specific provision. Sec. 1216. The Secretary of No provision. Platinum, palladium and catalysis Energy may conduct research rhodium are the three major in the use of precious metals precious metals currently other than platinum, used in the in automotive palladium and rhodium for catalytic converters. use in automotive catalytic converters. Renewable Energy Provision Current Law Senate House Comments Enhanced renewable No provision. Sec. 1221. The Secretary of No comparable provision. energy research and the 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. CRS-106 Provision Current Law Senate House Comments Distributed power No specific provision. Sec. 1221 (b)(9)(H). DOE is Sec. 2121- 2128. DOE is hybrid energy systems directed to conduct R,D&D required to develop a strategy and deployment in and research program for partnership with industry to combinations of two or more develop hybrid distributed distributed 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 demonstration and environmental integrity projects that combine wind these technologies. DOE is power and coal gasification charged with creating a grant technologies. Also, Sec. 1235 program to develop micro- directs DOE to conduct cogeneration equipment, R,D&D on distributed energy including applications for systems, including hybrids. residential uses. DOE is directed to work with certain private sector standards organizations to develop voluntary consensus standard for distributed energy systems. CRS-107 Provision Current Law Senate House Comments Bioenergy programs No provision. Sec. 1222. The Secretary of Secs. 2221-2225. The Energy is required to conduct Department of Energy is research, development, authorized to conduct demonstration, and research, development, deployment projects on demonstration, and bioenergy, including commercialization projects on biopower (electricity and bioenergy. For FY2002 process heat generation) and through FY2006, a total of biofuels (liquid fuels, gaseous $307 million is authorized for fuels, and industrial biopower research, and $361 chemicals). For FY2003 million for biofuels research. through FY2006, a total of $295 million is authorized for biopower research, and $281 million for biofuels research. Hydrogen research and The Spark M. Matsunaga Sec. 1223. The Act is Secs. 2201-2211. The Act is development Hydrogen Research, amended to expand and amended to extend the Development, and extend authorization for authorization and promote the Demonstration Act [42 hydrogen research. Research demonstration of hydrogen as U.S.C. 12401 et. seq.] would expand to include the a fuel for industrial, provides for research on integration of fuel cells and commercial, residential, hydrogen fuel. hydrogen production systems. transportation, and utility A total of $290 million is applications. For FY2002 authorized for FY2003 through FY2006, $250 through FY2006. million is authorized for research and development projects, and $150 million for demonstration projects. CRS-108 Provision Current Law Senate House Comments Renewable and electric General DOE authority. Various renewable energy Sec. 2261. Funding is energy R&D R&D sections include authorized for renewable authorization authorizations. energy 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 Secretary of Energy is directed to assess the state of renewable energy resources in the United States and issue a report within a year of enactment. CRS-109 Fossil Energy Provision Current Law Senate House Comments Coal and related Coal research is mentioned in Sec. 1231. DOE shall conduct Sec. 2401. Funding is technologies various statutes and a balanced fossil energy authorized for R&D programs appropriated through the research, development, on coal and related Interior and Related Agencies demonstration, and technologies. bill. technology deployment program. The program focus includes reducing emissions from fossil fuels, developing offshore resources, and enhancing domestic supply and technology for independent producers. Oil and gas R&D Research and development Sec. 1231. The DOE fossil Secs. 2421-2424. Funding is funding for oil and gas energy program shall include authorized for DOE oil and programs is appropriated oil and gas R&D. gas research and through the Interior and development, and the Interior Related Agencies bill. Department must submit a report to Congress assessing oil and gas reserves in the Gulf of Mexico. CRS-110 Provision Current Law Senate House Comments Enhanced fossil energy R&D for methane hydrates Sec. 1231. The DOE fossil Secs. 2441-2451. The research and and for reduced emissions energy program shall include National Energy Technology development from fossil fuels has been offshore resources, including Laboratory (NETL) and the funded through the DOE's methane 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 Fund shall be established from U.S. Treasury loans, oil and gas lease income, and additional appropriations. These sections may be cited as the "Natural Gas and Other Petroleum Research, Development, and Demonstration Act of 2001." Clean coal power A Clean Coal Initiative was Sec. 1232. DOE shall carry Sec. 5000-5008. The Clean It is expected that $40 million plants established in FY2002 by the out projects to demonstrate Coal Power Initiative (CCPI) deferred from FY2002 will be Bush Administration which the commercial application is established as an made available in FY2003 to essentially replaces the Clean of advanced lignite and coal industry/government cost fund the existing CCTP. Coal Technology Program based technology for power sharing program to According to DOE's Office (CCTP), which began in plants. demonstrate advanced of Fossil Energy, the balance FY1986. technologies with an of the program's funding will emphasis on coal-based eventually be obligated for gasification projects. These CCTP. sections may be cited as the "Clean Coal Power Initiative Act of 2001." CRS-111 Provision Current Law Senate House Comments Safe and efficient Coal R&D in the DOE budget Sec. 1233. A federal-private No comparable provision. mining technologies is funded under the Fossil sector research partnership is Energy Program. set up to establish research priorities for advanced coal mining technologies. Ultra-deepwater and Same as above. See Sec. 1231 Sec. 1234. DOE shall Secs. 2442-2451. The This program in the Senate unconventional drilling of the Senate bill. establish a program to National Energy Technology bill is related to the enhanced conduct long-term R&D into Laboratory (NETL) and the fossil R&D program in ultra-deepwater development U.S. Geological Survey Senate Sec. 1231. and environmental mitigation (USGS) shall explore new technologies. technologies for ultra- deepwater exploration. R&D for new natural No specific provision Sec. 1235. DOE shall conduct No comparable provision. gas transportation a comprehensive R&D technologies. program on natural gas transportation and distribution technologies and distributed energy systems. Oil, gas, and fuel cell General DOE authority. Fossil fuel R&D funding Sec. 2481. Funding is R&D authorization authorizations are included in authorized 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 technologies. CRS-112 Provision Current Law Senate House Comments Office of Arctic Energy Office established by Sec. Sec. 1236. Funding is No comparable provision. authorization 3197 of P.L. 106-398. authorized for the Office of Arctic Energy. Coal Leasing Mineral Leasing Act of 1920 No 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 technology No specific loan provision. Sec. 1237. Funding is No comparable provision. loan authorized for a $125 million loan to an experimental clean coal plant. Nuclear Energy Provision Current Law Senate House Comments Enhanced nuclear DOE shall carry out and Sec. 1241. DOE shall Sec. 2344. Funding for General authority for all DOE energy research and support research and conduct an R&D program to operation and maintenance of nuclear energy R&D development development activities related enhance nuclear energy. The DOE nuclear energy R&D activities is provided by the to nuclear energy (AEA program shall support facilities is authorized from Atomic Energy Act of 1954 Section 31). improvements in existing FY2002 through FY2004. and the Department of Energy commercial reactors, examine Certain nuclear construction Organization Act (P.L. 95- advanced reactor designs, programs are authorized 91). attract new nuclear science through FY2005. and engineering students, and maintain isotope production capability. Funding is authorized for FY2003 through FY2006. CRS-113 Provision Current Law Senate House Comments University nuclear DOE may provide grants and Sec. 1242. DOE shall provide Secs. 2301-2304. DOE shall The House and Senate science and contributions to the cost of support to university nuclear establish a program to provisions would add new engineering support construction and operation of science and engineering enhance human resources and statutory requirements for the university reactors (AEA programs, including programs infrastructure in nuclear existing DOE University Section 31). to help students and faculty, engineering and science. The Reactor Fuel Assistance and helping to maintain university program shall provide Support Program. reactors and infrastructure, graduate and undergraduate and interaction between fellowships; assist in faculty university nuclear programs recruitment and retention; and DOE national invest in nuclear engineering laboratories. Funding is and science research; authorized for FY2003 encourage collaborative through FY2006. research; help maintain and operate university reactors; and conduct related activities. Appropriations are authorized for FY2002 through FY2006. Nuclear Energy No specific authorization. Sec. 1243. From funding Sec. 2341. DOE shall provide NERI has been funded since Research Initiative authorized for Enhanced competitive, peer-reviewed FY1999 under guidance Nuclear Energy Research and grants under NERI for provided by appropriations Development (Section 1241), developing scientific report language. The DOE shall provide grants breakthroughs and other program provides peer- under the Nuclear Energy advances in nuclear energy reviewed research grants to Research Initiative (NERI). and reactor technology. universities, national Funding is authorized for laboratories, and industry. FY2002 through FY2004. CRS-114 Provision Current Law Senate House Comments Nuclear Energy Plant No specific authorization. Sec. 1244. From amounts Sec. 2342. Similar to Senate NEPO has been funded since Optimization authorized under Section provision; explicitly states FY2000 under guidance 1241, DOE shall support a that the program is to be provided by appropriations Nuclear Energy Plant conducted jointly with the report language. Optimization (NEPO) grants nuclear industry. Funding program for projects to authorized for FY2002 improve nuclear power plant through FY2004. reliability, availability, and productivity. The program shall require industry cost- sharing of at least 50%. Nuclear energy No specific authorization. Sec. 1245. From amounts Sec. 2343. DOE shall The programs authorized by technology authorized under Section develop a plan for selecting at the House and Senate development 1241, DOE shall develop a least one "Generation IV" provisions are similar to "technology roadmap" for reactor design by the end of DOE's Nuclear Energy designing and developing FY2004 for demonstration by Technologies Program, which new U.S. commercial nuclear a public/private partnership. has been funded since reactors. The roadmap shall Appropriations are authorized FY2001 under guidance include a study of advanced, from FY2002-FY2004. provided by appropriations "Generation IV" reactor report language. designs to support a decision on selecting the most promising of those designs for commercial deployment. Uranium mining and No specific authorization. No provision. Secs. 305-306. Research and conversion R&D development programs are authorized on improved technologies for uranium mining and for the conversion of mined uranium into uranium hexafluoride. CRS-115 Fundamental Energy Science Provision Current Law Senate House Comments Authorization of General authority provided by Sec. 1251. Appropriations Sec. 2581. Appropriations are appropriations for the DOE Organization Act (P.L. are authorized for the Office authorized for the Office of Office of Science 95-91). of Science for fiscal year Science for fiscal year 2002 2003 (an increase of only. Within the overall approximately 20% above the authorization, appropriations 2002 appropriation) and are authorized for research on subsequent fiscal years previous metal catalysts. In through 2006 (annual addition to the overall increases of approximately authorization, appropriations 10%). Broad program are authorized for five direction is provided specified construction regarding scientific scope, the projects within the Office of role of facilities, the Science. None of the importance of certain construction funding may be research areas, and used at DOE nuclear weapons connections with the laboratories or production Department's applied facilities. programs. Office of Science No specific provision. Sec. 1252. A nanoscience and No similar provision. The bulk of this program nanoscale science and nanoengineering R&D would currently fall within engineering program program, including research the scope of the materials centers and major sciences subprogram of the instrumentation, is established basic energy sciences within the Office of Science. program in the Office of Appropriations for fiscal Science. years 2003 through 2006 are authorized as part of the overall authorization given in Sec. 1251. CRS-116 Provision Current Law Senate House Comments Office of Science General DOE authority. Sec. 1253. The Office of No similar provision. advanced scientific Science advanced scientific computing program computing 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 subsequent fiscal years through 2006. CRS-117 Provision Current Law Senate House Comments Office of Science fusion General DOE authority. Sec. 1254. The Secretary shall Sec. 2501-2505 (Fusion The two bills differ somewhat energy sciences submit an overall plan for the Sciences Act of 2001). in their language requiring program nuclear fusion program, The Secretary shall submit an plan development to include including certain specified overall plan for the fusion consultation with advisory objectives. In addition, the program, including the committees. The objectives Secretary shall submit a plan objectives specified by the specified for the overall plan for construction of a burning Senate bill plus some as described would not plasma experiment in the additional objectives. The require a major departure United States. If the Secretary Secretary shall submit a plan from the scope of the current makes certain findings, he for construction of a burning program, but might require an may also submit a plan for plasma experiment in the expanded effort. A burning U.S. participation in an United States and may submit plasma is one in which the international burning plasma a plan for U.S. participation energy produced by fusion experiment. Appropriations in an international burning exceeds the energy needed to are authorized for fiscal year plasma experiment. heat the plasma to initiate 2003 (an increase of Appropriations are authorized fusion and is sufficient to approximately 35% above the for fiscal years 2002 and sustain fusion conditions. A 2002 appropriation) and for 2003 (at the same level as in burning plasma is a necessary subsequent fiscal years the Senate bill) but not step toward development of a through 2006. subsequent years. Part of the fusion power plant. DOE is authorized appropriations not currently funding any may be used to fund centers design or construction work of excellence. Certain that would lead to a burning congressional findings are plasma experiment. made regarding the status and potential importance of fusion energy. CRS-118 Provision Current Law Senate House Comments Spallation Neutron No specific authorization; No similar provision. Sec. 2521-2524. Source funded through Energy and Appropriations are authorized Water Development for the Spallation Neutron Appropriations Acts since Source 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 expenditures. Strategy for facilities No provision. No similar provision. Secs. 2541-2542. DOE shall and infrastructure at develop a strategy and 10- Office of Science year implementation plan for nonmilitary its nonmilitary laboratories laboratories for maintaining needed existing facilities and infrastructure, closing unneeded 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 Science. CRS-119 Provision Current Law Senate House Comments Public notice No provision. No similar provision. Sec. 2543. DOE shall provide requirements for Office broad public notice whenever of Science user facilities it 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 competition. Energy, Safety, and Environmental Protection Provision Current Law Senate House Comments Energy infrastructure General DOE authority. Sec. 1261. DOE shall Sec. 2241-2243. The The Department of Energy protection and conduct a program for Secretary of Energy is (DOE) currently has a reliability research and research, development, and directed to develop and Transmission Reliability development deployment of technologies implement a comprehensive Program under the Office of to protect energy research, development, Power Technologies. The infrastructure. demonstration, and Transmission Reliability commercial application Program conducts research to program to ensure the improve the reliablity of the reliability, efficiency, and U.S. electric power system. environmental integrity of the The Program's appropriations electric transmission system. for FY2002 is $4.5 million. CRS-120 Provision Current Law Senate House Comments R&D for remediation No specific provision. Sec. 1262. DOE shall No provision. of groundwater from conduct research to improve energy activities methods 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 Department of Energy Programs Provision Current Law Senate House Comments DOE global change New program. Sec. 1301. DOE's Office of No provision. science research Science 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 million. CRS-121 Provision Current Law Senate House Comments Amendments to the The Federal Nonnuclear Sec. 1302. The Federal No provision. Federal Nonnuclear Research and Development Nonnuclear Research and Research and Act of 1974 (42 U.S.C. 5905) Development Act of 1974 is Development Act of authorizes a comprehensive amended to add development 1974 program of research, of greenhouse gas reduction, development and removal, and sequestration demonstration of nonnuclear technologies to its purposes, energy resources to facilitate along with pursuing a long- their commercialization. term climate technology strategy to demonstrate a variety of technologies by which stabilization of greenhouse gases might be best achieved. CRS-122 Department of Agriculture Programs Provision Current Law Senate House Comments Carbon sequestration New program. Sec. 1311. The Secretary of No provision. basic and applied Agriculture is required to research study 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, shall include sequestration methods and baseline methodologies, among other priorities. The Secretary may designate two research consortia to carry out required research with up to 25% of funding. Funding is authorized at $25 million annually for four years. CRS-123 Provision Current Law Senate House Comments Carbon sequestration New program. Sec. 1312. The Secretary of No provision. demonstration projects Agriculture 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 years. Carbon storage and New program. Sec. 1313. The Secretary of No provision. sequestration Agriculture is required to accounting research fund research on carbon storage and sequestration accounting models and other tools that can assist landowners 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. CRS-124 International Energy Technology Transfer Provision Current Law Senate House Comments Clean energy No provision. Sec. 1321. An Interagency No provision. technology exports Working 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, demonstration, and deployment of clean energy technology, investigating ways to improve technology transfer and technology exports to foreign countries, and making other assessments and recommendations with respect to the program's implementation. Annual reports on activities and expenditures are required. CRS-125 Provision Current Law Senate House Comments International energy New program. Sec. 1322. Section 1608 of No provision. technology deployment the 1992 Energy Policy Act is program amended 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 program. Such projects would be cost-shared with the host country: 50% host country contribution in a developed county, 10% contribution in a developing country. Funding is authorized at $100 million annually for nine years. CRS-126 Climate Change Science and Information Amendments to the Global Change Research Act of 1990. Provision Current Law Senate House Comments Amendments to the 1990 Global Change Sec. 1331-1333. Within the No provision. Global Change Research Program Act (P.L. Global Change Research Research Act of 1990 101-606) establishes the Program, the Committee on Global Climate Research Earth and Environmental Program aimed at Sciences is renamed the understanding and responding Committee 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 addition, a subcommittee on global change research is established. Change in National 1990 Global Change Sec. 1334. The Chairman of No provision. Global Change Research Program Act the National Science and Research Plan establishes the Global Technology Council is Climate Research Program required to develop a 10-year aimed at understanding and strategic 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. CRS-127 Provision Current Law Senate House Comments Integrated Program New office. Sec. 1335. The Global No 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. Research grants The National Science and Sec. 1336. The NSTC No provision. Technology Council (NSTC) Committee on Global Change oversees the U.S. Global Research shall list priority Change Research Program areas for research and (15 U.S.C. 2935, EO 12881). development on climate change that are not currently being addressed, and transmit that list to the National Science Foundation. Funding for NSF for priority areas is authorized at $17 million annually. CRS-128 Provision Current Law Senate House Comments Evaluation of NSTC has the authority to Sec. 1337. NSTC authority is No provision. information evaluate scientific uncertainty expanded to include associated with global climate assessment 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. CRS-129 National Climate Services Monitoring. Provision Current Law Senate House Comments Amendment of The National Climate Sec. 1341-1345. The No provision. National Climate Program Act (15 U.S.C. 2901 National Climate Program Program Act et seq.) requires development Act is amended to require the of a national climate program Secretary of Commerce to Changes in findings to assist in understanding and submit to congressional responding to climate committees an action plan for Tools for regional processes and their a National Climate Service. planning implications. The plan shall include recommendations and Authorization of funding estimates for a Appropriations national center for climate monitoring and predicting; a National Climate national coordinated Service Plan modeling strategy; a program to ensure data quality and dissemination; and mechanisms to improve coordination within government and with the academic community. International Pacific No specific provision. Sec. 1346. Funding for the No provision. research and National Oceanic and cooperation Atmospheric 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. CRS-130 Provision Current Law Senate House Comments Reporting on trends No provision. Sec. 1347. As part of the No 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 reductions. Arctic research and 15 U.S.C. 4102(d). Sec. 1348. The Arctic No provision. policy Research and Policy Act is amended to provide grants for arctic research and funds to the National Science Foundation (NSF) and federal agencies for arctic research. Abrupt climate change No provision. Sec. 1349. Through NOAA, No provision. research the Secretary of Commerce is to conduct research on potential abrupt climate change. Funding is authorized at $10 million annually for six years. CRS-131 Ocean and Coastal Observing System. Provision Current Law Senate House Comments Oceans and coastal Authorized under 10 U.S.C. Sec. 1351. Through the No provision. observing system 7902(a), the National Ocean National Ocean Research Research Leadership Council Leadership Council, the prescribes policies and President shall establish and procedures to implement the maintain an integrated ocean National Oceanographic and coastal observing system Partnership Program. for understanding, improving, and protecting coastal and marine ecosystems and other purposes. Authorization of No provision. Sec. 1352. Funding is No provision. appropriations authorized for an observing system at $1.385 billion over four years. CRS-132 Climate Change Technology Provision Current Law Senate House Comments NIST greenhouse gas Authorized under the Sec. 1361. The National No provision. functions National Institute of Institute of Standards and Standards and Technology Technology Act is amended Act (15 U.S.C. 272), the to include research to develop National Institute of enhanced measurements, Standards and Technology calibrations, standards, and (NIST) conducts activities to technologies to enable enhance industrial reduced production of competitiveness and is the greenhouse gases. lead laboratory for providing measurement and calibrations to underpin technological progress. CRS-133 Provision Current Law Senate House Comments Development of new See above. Sec. 1362-1363. The No provision. measurement Secretary of Commerce shall technologies initiate a program to develop innovative standards and Enhanced technologies for calculating environmental greenhouse gas emissions and measurements and reductions from various standards sources. The National Institute of Standards and Technology Act is amended to establish within the Institute a program to perform and support research on global climate change standards and processes, focused on providing knowledge applicable to reducing greenhouse gases. Activities include developing enhanced monitoring and modeling 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. CRS-134 Provision Current Law Senate House Comments Technology See above. Sec. 1364. The Director of No provision. development and the National Institute of diffusion Standards and Technology may develop a program to support implementation of new "green" manufacturing technologies by the more than 380,000 small manufacturers. Authorization of No current authorization. Sec. 1365. Funding is No provision. appropriations authorized for NIST's new global warming activities at $10 million annually for five years. Climate Adaptation and Hazards Prevention Assessment and Adaptation. Provision Current Law Senate House Comments Regional Climate New program. Sec. 1371. The President No provision. Assessment and shall establish within the Adaptation Program Department 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. CRS-135 Provision Current Law Senate House Comments Coastal vulnerability No provision. Sec. 1372. The Secretary of No provision. and adaptation Commerce 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 formula established in the Coastal Zone Management Act of 1972. A coastal response pilot program is also authorized. Funding for the regional assessments and grant program is authorized at $3million each, annually. Barrow Arctic New program. Sec. 1373. The Secretary of No provision. Research Center Commerce shall establish a Barrow Arctic Research Center to support interagency climate change and arctic research, authorized at $35 million. CRS-136 Forecasting and Planning Pilot Programs. Provision Current Law Senate House Comments Remote sensing pilot New program. Sec. 1381-1382, 1384. The No provision. projects National Aeronautics and Space Administration Database establishment (NASA) may establish a competitive grant program Definitions through NOAA's Coastal Services Center for pilot projects to explore the integrated use of remote sensing and other geospatial information to address governmental adaptation needs to forecast coastal zone and land use changes from global climate change. Air quality research, No provision. Sec. 1383, 1385. NOAA is No provision. forecasts and warnings required to conduct regional studies and assessment of the Authorization of effects of transported and appropriations transformed 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. CRS-137 Management of DOE Science and Technology Programs Provision Current Law Senate House Comments Definitions No provision. Sec. 1401. The term "single- No similar provision. purpose research facility" includes 15 named DOE- owned facilities and any similar DOE organization designated as such by the Secretary. Availability of No provision. Sec. 1402. Appropriations No similar provision. appropriated funds authorized under titles XII (energy R&D), XIII (climate change R&D), and XV (traineeships and fellowships) shall remain available until expended. Cost sharing for No specific provision; various Sec. 1403. Cost-sharing is Sec. 2603. Requirements are applied energy R&D energy statutes include cost- required for DOE projects in the same as in the Senate bill sharing requirements. energy efficiency R&D, but also include R&D in the renewable energy R&D, Office of Science, unless fossil energy R&D, and waived by the Secretary nuclear energy R&D. The because the R&D is basic or non-federal share must be at fundamental 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. CRS-138 Provision Current Law Senate House Comments Merit review of No specific provision. Sec. 1404. An independent No similar provision. proposals review 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 fellowships). External technical General authority for Sec. 1405. Advisory boards Sec. 2616. The Secretary shall review of R&D advisory committees is shall be established for DOE arrange with the National programs provided by 42 U.S.C. 7234. R&D programs in energy Academy of Sciences and the efficiency, renewable energy, National Academy of fossil energy, nuclear energy, Engineering to review, at and climate change least every five years, DOE technology. The requirement R&D programs in energy may be met by existing DOE efficiency, renewable energy, boards or by boards fossil energy, nuclear energy, established by the National and science. Academy of Sciences. Existing advisory committees shall continue for R&D programs of the Office of Science. CRS-139 Provision Current Law Senate House Comments Organization and DOE's administrative Sec. 1406. The new position Sec. 2561-2562. The Director The DOE Office of Science management of civilian structure is governed by the of DOE Under Secretary for of the White House Office of funds more physical science science and technology Department of Energy Energy and Science is Science and Technology basic research than any other programs Organization Act (42 U.S.C. established, with authority Policy (OSTP) shall establish federal agency. It is also the 7132). over the assistant secretaries an advisory panel to address third largest funder of basic responsible for energy R&D, issues about the status of the research overall. Many in the energy technology, and Office of Science, look at scientific community believe science, and to serve as organizational options for the that the DOE Office of science and technology Office within DOE, and Science has not fared as well advisor to the Secretary. The suggest ways to strengthen as the other major basic Director of the Office of scientific research supported research funding agencies -- Science shall become an by the Office. The advisory NSF, NASA, and NIH -- assistant secretary, while panel shall deliver its report because its status in DOE is certain advisory within six months of too low. responsibilities are transferred enactment to the OSTP to the new under secretary. Director and DOE Secretary, An additional assistant and they shall deliver the secretary position is created, report to Congress with their and it is the sense of the comments within nine months Senate that leadership for of enactment. DOE missions in nuclear energy should be at the assistant secretary level. CRS-140 Provision Current Law Senate House Comments Improved coordination No specific provision. Sec. 1407. A Technology No similar provision. of technology transfer Partnership Working Group is activities established, 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 Technology Partnership Working Group. Technology No specific provision. Sec. 1408. A program is No similar provision. infrastructure program established to help national laboratories and single- purpose research facilities stimulate 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. CRS-141 Provision Current Law Senate House Comments Small business No provision. Sec. 1409. A small No similar provision. advocacy and business assistance program assistance is 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 transactions 42 U.S.C. 7256. Sec. 1410. DOE may use Sec. 2601(b). DOE may use Other transactions are used by authority other transactions to fund contracts, cooperative the Department of Defense research projects when (1) a agreements, cooperative and certain other agencies standard contract, grant, or research and development primarily to fund research by cooperative agreement would agreements (CRADAs), private-sector companies. be infeasible or inappropriate, grants, joint ventures, and They permit the terms of the (2) the research to be "any other form of agreement transaction to be negotiated supported does not duplicate available to the Secretary" freely between the agency existing DOE programs, and under existing law -- but not and the company. Certain (3) government funds are half other transactions -- to fund provisions required by federal or less of the total funding for research projects. law for standard contracts and the project. These grants, including provisions transactions shall be exempt relating to intellectual from the patent rights and property, are not required for invention reporting other transactions. Opponents requirements of 42 U.S.C. of giving other transactions 5908, and DOE shall not authority to DOE are disclose confidential uncomfortable with this information submitted by exemption. Advocates argue non-federal participants or that existing alternatives are developed as part of a ill-suited for funding and supported project. managing large R&D Guidelines for these consortia whose members transactions must be have complex intellectual established. property relationships. CRS-142 Provision Current Law Senate House Comments Mobility of scientific No provision. Sec. 1411. The No similar provision. and technical personnel Technology 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 facilities. National Academy of No provision. Sec. 1412. The National No similar provision. Sciences report on Academy of Sciences must accelerating energy prepare a study on research accelerating the cycle of energy technology research, development, and deployment. Report on technology No provision. Sec. 1413. The Technology No similar provision. readiness and barriers Partnership 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 programs. CRS-143 Provision Current Law Senate House Comments United States-Mexico No provision. Sec. 1414. Establishes a No similar provision. energy technology collaborative RD&D program cooperation in the DOE Office of Environmental Management to promote energy-efficient, environmentally sound economic development along the United States-Mexico border. CRS-144 Provision Current Law Senate House Comments General provisions for No existing requirement. Some parts are comparable to Sec. 2601-2605. DOE is DOE Senate sections described authorized 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 required to use competitive procedures to seek parties for management and operations contracts. For partnerships with the private sector, R&D projects require a 20% minimum cost-share from private 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 followed. CRS-145 Provision Current Law Senate House Comments Other miscellaneous No existing requirement. Some parts are comparable to Sec. 2611-2616. Prior provisions the Senate sections described notification 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 the cost estimate exceeds authorized funding by more than 10%, the project may be halted before construction starts. Also, DOE must complete a conceptual design before requesting funds to build 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 CRS-146 Personnel and Training Provision Current Law Senate House Comments Workforce trends in No provision. Sec. 1501. The Energy No similar provision. the energy industry Information Administration and traineeship grants shall monitor trends in the in areas of personnel energy industry technical shortfall workforce, 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 technical personnel in shortfall areas. Postdoctoral and senior No specific provision. Sec. 1502. A program of No similar provision. The National Academy of research fellowships in postdoctoral fellowships in Science currently administers energy research energy R&D is established. postdoctoral fellowship The Secretary may arrange programs for several federal for this program to agencies. be administered by the National Academy of Sciences. A program of senior research fellowships in energy R&D is also established. Training guidelines for None. Sec. 1503. DOE must work No similar provision electric energy industry with utilities and unions to personnel create model employee training guidelines to increase electric reliability. CRS-147 Provision Current Law Senate House Comments National Center on No provision. Sec. 1504. DOE is required to Sec. 125. DOE is required to While the Senate and House Energy Management establish a center to provide create an Advanced Building provisions are related, they and Building research, education, and Efficiency Test Program, led are quite different. Technologies training for improved by a university, that would building energy efficiency develop, 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 building energy costs by 30%. Improved access for No provision. Sec. 1505. DOE education No similar provision. women and minorities programs must give priority to energy-related to activities that encourage scientific and technical women and minorities to careers pursue 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. CRS-148 Provision Current Law Senate House Comments National Power Plant None. Sec. 1506. DOE must No similar provision Operations Technology establish a center to conduct and Education Center training and certification of operators at electric power generating plants. Federal mine The Secretary of Labor uses Sec. 1507. To maintain a No provision. Many of the nation's mine inspectors the Mine Safety and Health sufficient number of qualified inspectors are eligible or soon Administration (MSHA, 29 mine inspectors, the eligible to retire. U.S.C. 557) to carry out the Department Labor shall hire Mine Safety and Health Act and train new mine of 1977, (30 U.S.C. 801). inspectors. Technology Assessment Provision Current Law Senate House Comments Science and The Office of Technology Sec. 1601. A Science and No similar provision. The service created by the Technology Assessment Assessment was established Technology Assessment Senate bill would be similar Service in 1972 by P.L. 92-484 (2 Service is established within in some ways to the former U.S.C. 471 et seq.). Although the legislative branch to Office of Technology still authorized, it has not provide Congress with Assessment, but with a been funded since FY1995 information on national issues modified structure and scope. and no longer operates. in science and technology policy. CRS-149 Studies Provision Current Law Senate House Comments Regulatory reviews No existing requirement. Sec. 1701. Each federal Sec. 161 and Sec. 6103. Each The provisions are nearly agency is required to report federal agency is directed to identical. every five years on regulatory report on regulatory barriers changes needed to remove to energy-efficient barriers to market entry for technologies every five years. new energy-efficient technologies (such as fuel cells) and to market development for existing technologies. Insular areas energy No requirement. Sec. 1702. DOE must begin a Sec. 6801. The Secretary of The dependence of insular security/assessment of study within 60 days of the Interior must update the areas has been periodically dependence of Hawaii enactment that will assess the 1982 Territorial Energy assessed. on oil short- and long-term threats Assessment, and prepare to the economy of Hawaii long-term plans to reduce by posed by insecure supply and 2010 dependence of insular volatile prices. Not later than areas upon energy imports. 300 days after the date of enactment of this section, the Secretary of Energy shall submit to Congress a report detailing the Secretary's findings, conclusions, and recommendations. CRS-150 Provision Current Law Senate House Comments Study of siting an None. Sec. 1703. The Secretary of No similar provision electric transmission Energy must contract with system on Amtrak Amtrak to study the right-of-way feasibility of building and operating a new electric transmission system on the Amtrak right-of-way in the Northeast Corridor. Updating of insular Sec. 604 of P.L. 96-597 Sec. 1704. Insular areas are Sec. 6801. The House area renewable energy initiated a study of energy directed to reassess energy provision is similar to that in and energy efficiency potential for insular areas. production, use, the Senate bill. plans infrastructure, resources, and long-term energy plans. Consumer Energy No provision. Sec. 1705. An 11-member No provision Commission commission is established to study energy price spikes since 1990. First meeting is to be held not more than 60 days after enactment; report is called for in 180 days. Energy infrastructure No provision. Sec. 1706. The Secretary of Sec. 6235. State and across the Great Lakes Energy is to conduct a study provincial bans on drilling in of the environmental impacts the Great Lakes are of any energy infrastructure encouraged. (including gas pipelines) transiting the Lakes and how they might be minimized. An NAS advisory committee shall be established. CRS-151 Provision Current Law Senate House Comments Study of existing No provision. No provision. Sec. 6101. Each federal rights-of-way on agency must review energy federal lands transport rights-of-way under its jurisdiction and report to the Secretary of Energy and to FERC on whether the right-of-way can support new or additional capacity and what changes might be called for to accommodate additional capacity. In performing the review, agency heads should consult with affected states and other stakeholders and consider safety issues involved in such expansions. CRS-152 Provision Current Law Senate House Comments Coordinating and No provision. No provision. Sec. 6106. The Secretary of An Administration goal has planning the natural Energy and the FERC been to facilitate energy gas transportation Chairman must conduct a transportation system system expansion study of Western states' development by removing natural gas needs. The study perceived bottlenecks posed would include: Western state by the administrative and officials' forecasts, such as regulatory process. This those of the California Energy issue was highlighted by a Commission; a review of gas shortage of natural gas power plant construction transportation capacity in projects, both underway and California during 2000 and planned; and a review of the the early months of 2001. current long-distance transmission systems, their capacity and how they interrelate. Recommendations for coordinated infrastructure development in the Western states would be reported to the House Energy and Commerce Committee and Senate Energy and Natural Resources Committee within six months. The Chairman of FERC shall also report on how the report's conclusions will figure in reviewing pipeline construction permits. applications. CRS-153 Provision Current Law Senate House Comments Study of shipping No provision. Sec. 1707. The National No provision. routes for research Academy of Sciences shall reactor spent fuel study federal procedures for selecting transportation routes for spent nuclear fuel from research reactors. Report on energy No provision. Sec. 1708. DOE is required to No provision. savings and water use report on cost-effective improvements to reduce energy use at municipal water and waste treatment facilities. Report on research on No provision. Sec. 1709. DOE is directed to No provision. hydrogen production report on any projects at DOE and use nuclear facilities that involve hydrogen production and use in fuel cell development or involve other alternative energy production technologies. CRS-154 Provision Current Law Senate House Comments Other energy No provisions. No provision. Sec. 162-165. To reduce fuel conservation provisions use and emissions, EPA is directed to study the use of heating, air conditioning and other services at truck stops and other locations to reduce idling of heavy trucks and other vehicles (Sec. 162). To reduce oil waste and air pollution, a study of oil bypass filtration technology and prospects for use in federal fleets is mandated (Sec. 163). To reduce waste of natural gas, a study is required on using small cogeneration equipment to use excess gas flared at petrochemical facilities (Sec. 164). To conserve fuel and reduce traffic congestion, a study of potential benefits of widespread telecommuting is called for (Sec. 165). Critical Energy Infrastructure Department of Energy Programs Provision Current Law Senate House Comments Definitions None Sec. 1801. Provides No similar provision definitions used in the title. CRS-155 Provision Current Law Senate House Comments Role of the Department None. Sec. 1802. The Department of No similar provision of Energy Energy Organization Act is amended to clarify that energy infrastructure security is part of DOE's mission. Critical energy None. Sec. 1803. The Secretary of No similar provision infrastructure Energy is authorized to programs establish programs of financial, technical, and administrative assistance related to critical energy infrastructure security, consistent with overall national infrastructure security plans of the President. Advisory committee on None. Sec. 1804. A broad-based No similar provision energy infrastructure advisory committee is security established to review DOE policy and activities to improve energy infrastructure security. Best practices and None. Sec. 1805. The Secretary of No similar provision standards for energy Energy is authorized to infrastructure security support private-sector efforts to develop best practices and standards for energy infrastructure security. CRS-156 Department of the Interior Programs Provision Current Law Senate House Comments Outer Continental Deepwater OCS activity is Sec. 1811. The Secretary of No provision. Shelf energy conducted under the Outer the Interior shall establish an infrastructure security Continental Shelf of 1953 (43 OCS Energy Infrastructure U.S.C. 1331). Security Program to provide funds to states to protect against threats to OCS facilities and related infrastructure. Arctic National Oil and gas leasing in the No provision. Secs. 6501-6511. The The Senate defeated two Wildlife Refuge oil and Arctic National Wildlife prohibition on oil and gas motions to invoke cloture on gas leasing Refuge (ANWR) is prohibited leasing in the coastal plain of two separate amendments under provisions of the the Arctic National Wildlife offered by Senators Stevens Alaska National Interest Refuge (ANWR) is repealed. and Murkowski that would Lands Conservation Act of A leasing process is have allowed limited drilling 1980 (ANILCA). established under the Mineral in ANWR. Both amendments Leasing Act of 1920, and the were withdrawn. The House provision directs that not bill does not specify whether more than 2,000 acres of the 2,000 acres of surface surface area be used for area allowed for development carrying out oil and gas activities must be contiguous. development on the coastal plain. Energy Tax Incentives, consisting of sections 1900-2508 in the Senate bill and sections in the House bill, are listed at the end of the report after the authorization tables. CRS-157 Iraq Oil Import Restriction Provision Current Law Senate House Comments Iraq oil import No provision. Sec. 2601. The Iraq No provision. restriction ­ title and Petroleum Import Restriction findings Act of 2002 finds that Iraq is in violation of U.N. Res. 687, regarding destruction of weapons of mass destruction, as well as U.N. Res. 661, regarding smuggled oil exports. Importing oil from Iraq is declared not consistent with U.S. foreign policy and national security interests. Prohibition of Iraq oil No provision. Sec. 2602. Direct or indirect No provision. imports oil imports from Iraq are banned. Termination/ No provision. Sec. 2603. Imports from Iraq No provision. presidential may resume upon presidential certification certification to Congress that Iraq is in compliance with U.N. Resolutions 687 & 986, that it has stopped compensating suicide bomber families, or that such imports are no longer contrary to U.S. interests. Humanitarian interests No provision. Sec. 2604. It is the sense of No provision. the Senate that the President should encourage public and private humanitarian aid so the Iraqi people will not be adversely impacted. CRS-158 Provision Current Law Senate House Comments Definitions No provision. Sec. 2605. U.N. Resolutions No provision. 661 (oil exports and smuggling), 687 (weapons of mass destruction), and 986 (the oil-for-food program) are defined. Effective date No provision. Sec. 2606. The prohibition on No provision. Iraq oil imports starts 30 days after enactment. Miscellaneous Provisions Provision Current Law Senate House Comments Fair treatment of No provision. Sec. 2701. It is the sense of No provision. presidential judicial the Senate that the Senate nominees Judiciary Committee should hold regular hearings on judicial nominees and expeditiously schedule hearings on nominees submitted May 9, 2001, and resubmitted September 5, 2001. CRS-159 Provision Current Law Senate House Comments Buy American Buy American Act (41 U.S.C. No provision. Sec. 7101. No one convicted The Buy American Act 10a-10c). of violating the Buy requires that articles, American Act may receive materials, or supplies, funds authorized in this act. purchased for public buildings or public works in the United States be manufactured in the United States, unless it is not in the public interest or is cost prohibitive to do so. The articles, materials, or supplies should be in reasonably available commercial quantities and of satisfactory quality. Study of aircraft No provision. No provision. Sec. 803. Within 60 days of emissions enactment, the Secretary of Transportation and the Administrator of the Environmental Protection Agency are required to commence a study to determine the impact of aircraft emissions on air quality in ozone nonattainment areas. The study, which is to culminate in a report to Congress within 180 days of commencement, is to focus on the impact of emissions by aircraft idling at airports, with recommendations concerning how such emissions may be reduced. CRS-160 Funding Authorizations- Tables 2 and 3. Table 2. Authorized Appropriations in Senate bill. Senate in millions FY 02* FY 03* FY 04 FY 05 FY 06 FY 07 FY02-07 FY08-11 FY 02-11 House Division A Reliable and Diverse Power Generation and Transmission TITLE II ELECTRICITY Subtitle B Amendments to the Public Utility Holding Company Act Sec. 237 Authorization of appropriations. ss ss ss NE NE Subtitle E Renewable Energy and Rural Construction Grants Sec. 261 Renewable energy production incentive FY 03-23 ss ss ss ss ss ss ss ss Sec. 602 Sec. 264 Rural construction grants 20.0 20.0 20.0 20.0 20.0 100.0 40.0 140.0 NE TITLE IV INDIAN ENERGY Sec. 403 Comprehensive Indian Energy Programs ss ss ss NE Sec. 407 Federal PMA power delivery studies ss ss ss ss NE Sec. 408 Feasibility study of wind & hydropower demonstration project 0.5 0.5 0.5 NE TITLE V NUCLEAR POWER Subtitle B Miscellaneous Provisions Sec. 512 Thorium reimbursement 90.0 55.0 20.0 20.0 20.0 20.0 225.0 225.0 NE Sec. 514 Nuclear Power 2010 ss ss ss NE Sec. 516 Decommissioning pilot program 16.0 16.0 16.0 NE CRS-161 Senate in millions FY 02* FY 03* FY 04 FY 05 FY 06 FY 07 FY02-07 FY08-11 FY 02-11 House Subtitle C NRC Personnel Crisis Sec. 542 NRC training program 1.0 1.0 1.0 1.0 4.0 4.0 NE Subtotal Division A 90.5 92.0 41.0 41.0 41.0 40.0 345.5 40.0 385.5 Division B Domestic Oil and Gas Production and Transportation TITLE VI OIL AND GAS PRODUCTION Sec. 601 Strategic Petroleum Reserve ss ss ss NE Sec. 602 Federal onshore leasing programs for oil and gas 60.0 60.0 60.0 60.0 240.0 240.0 NE Sec. 605 Orphaned and abandoned oil and gas well program 5.0 5.0 5.0 15.0 15.0 NE Sec. 611 Authorization of Appropriations ss ss ss NE TITLE VII NATURAL GAS PIPELINES Subtitle C Pipeline Safety Sec. 772 Authorization of Appropriations 64.0 64.0 64.0 6.0 6.0 204.0 0.0 204.0 NE Subtotal Division B ss 65.0 65.0 65.0 60.0 0.0 255.0 0.0 255.0 Division C Diversifying Energy Demand and Improving Efficiency TITLE VIII FUELS AND VEHICLES Subtitle A CAFE Standards, Alternative Fuels & Advanced Technology Sec. 803 Maximum feasible average fuel economy ss ss ss NE Sec. 816 Authorization of appropriations. 50.0 60.0 70.0 80.0 260.0 260.0 Sec. 2141 Sec. 820B Commercial by-products from municipal solid waste loan ss ss ss NE guarantee program CRS-162 Senate in millions FY 02* FY 03* FY 04 FY 05 FY 06 FY 07 FY02-07 FY08-11 FY 02-11 House Subtitle B Additional Fuel Efficiency Measures Sec. 823 Conserve by bicycling program 5.5 5.5 5.5 NE Subtitle C Federal Reformulated Fuels Sec. 832 Leaking underground storage tanks. (LUST) 250.6 30.35 30.35 30.35 30.35 372.0 372.0 Sec. 504 Subtotal, Title VIII, Fuels and Vehicles ss 306.1 90.35 100.35 110.35 30.35 637.5 637.5 TITLE IX ENERGY EFFICIENCY AND ASSISTANCE TO LOW INCOME CONSUMERS Subtitle A Low Income Assistance and State Energy Programs Sec. 901 LIHEAP 3,400.0 3,400.0 3,400.0 10,200.0 10,200.0 Sec. 134 Weatherization assistance 325.0 400.0 500.0 1,225.0 1,225.0 Sec. 133 Sec. 902 State energy conservation grants 100.0 100.0 125.0 ss ss 325.0 ss 325.0 Sec. 131 Sec. 903 Energy efficient schools 200.0 210.0 220.0 230.0 ss 860.0 ss 860.0 Sec. 132 Sec. 904 Low income community energy efficiency pilot program 10.0 10.0 10.0 30.0 30.0 NE Subtitle B Federal Energy Efficiency Sec. 913 Federal building performance standards ss ss ss Sec. 125 Sec. 918 Federal energy banks 250.0 250.0 250.0 250.0 1,000.0 1,000.0 NE Subtotal, Title IX, State Programs 4,285.0 4,370.0 4,505.0 480.0 0.0 13,640.0 ss 13,640.0 Subtotal Division C ss 4,591.1 4,460.4 4,605.4 590.4 30.4 14,277.5 ss 14,277.5 CRS-163 Senate in millions FY 02* FY 03* FY 04 FY 05 FY 06 FY 07 FY02-07 FY08-11 FY 02-11 House Division D Integration of Energy Policy and Climate Change Policy Title X NATIONAL CLIMATE CHANGE POLICY Subtitle B Climate Change Strategy Sec. 1013 National climate change strategy ss ss ss NE Sec. 1014 Office of National Climate Change Policy 5.0 5.0 5.0 5.0 5.0 25.0 20.0 45.0 NE Sec. 1015 Office of Climate Change Technology 4,750.0 4,750.0 4,750.0 Sec. 2172 Title XI NATIONAL GREENHOUSE GAS DATABASE Sec. 1111 Authorization of appropriations ss ss ss NE Subtotal Division D 4,755.0 5.0 5.0 5.0 5.0 4,775.0 20.0 4,795.0 Division E Enhancing Research, Development, and Training TITLE XII ENERGY RESEARCH AND DEVELOPMENT PROGRAMS a Subtitle A Energy Efficiency Sec. 1211 Enhanced energy efficiency research and development 700.0 784.0 878.0 983.0 3,345.0 3,345.0 Sec. 2161 Sec. 1213 Next generation lighting initiative 50.0 50.0 50.0 50.0 50.0 250.0 200.0 450.0 Sec. 2161 Sec. 1214 Railroad efficiency 60.0 70.0 130.0 130.0 Sec. 152 Subtotal, Energy Efficiency 810.0 904.0 928.0 1,033.0 50.0 3,725.0 200.0 3,925.0 Subtitle B Renewable Energy Sec. 1221 Enhanced renewable energy research and development 500.0 595.0 683.0 733.0 2,511.0 2,511.0 Sec. 2261 Sec. 1222 Bioenergy part of Sec. 1221 total Sec. 2225 Biopower Energy Systems 60.3 69.3 79.6 86.3 295.5 295.5 CRS-164 Senate in millions FY 02* FY 03* FY 04 FY 05 FY 06 FY 07 FY02-07 FY08-11 FY 02-11 House Biofuels Energy Systems 57.5 66.1 76.0 81.4 281.0 281.0 Sec. 1223 Hydrogen R&D Sec. 2210 Matsunaga Hydrogen R&D and Demonstration program 65.0 70.0 75.0 80.0 290.0 290.0 Fuel Cells - Hydrogen Future Act 25.0 30.0 35.0 40.0 130.0 130.0 Subtotal, Renewable Energy 590.0 695.0 793.0 853.0 2,931.0 2,931.0 Subtitle C Fossil Energy Sec. 1231 Enhanced fossil energy research and development 485.0 508.0 532.0 558.0 2,083.0 2,083.0 Sec. 2424 Sec. 1232 Power plant improvement initiative 0.2 0.2 0.2 0.2 0.8 1.0 1.8 Sec. 5005 Sec. 1233 R&D for advanced safe and efficient coal mining technologies 12.0 15.0 27.0 27.0 NE Sec. 1235 R&D for new natural gas transportation technologies NE Sec. 1236 Authorization of appropriations for Office of Arctic Energy 25.0 25.0 25.0 25.0 25.0 125.0 100.0 225.0 NE Sec. 1237 Clean Coal Technology Loan 125.0 125.0 125.0 NE Subtotal, Fossil Energy 647.2 548.2 557.2 583.2 25.0 2,235.8 101.0 2,336.8 Subtitle D Nuclear Energy Sec. 1241 Enhanced nuclear energy research and development. Sec. 2344 Core nuclear research, university nuclear science 100.0 110.0 120.0 130.0 460.0 460.0 Nuclear research capacity and infrastructure 200.0 202.0 207.0 212.0 821.0 821.0 Subtotal, Nuclear Energy 300.0 312.0 327.0 342.0 1,281.0 1,281.0 Subtitle E Fundamental Energy Science Sec. 1251 Enhanced programs in fundamental energy science. 3,785.0 4,153.0 4,586.0 5,000.0 17,524.0 17,524.0 Sec. 2581 Sec. 1252 Nanoscale science and engineering research. 270.0 290.0 310.0 330.0 1,200.0 1,200.0 NE CRS-165 Senate in millions FY 02* FY 03* FY 04 FY 05 FY 06 FY 07 FY02-07 FY08-11 FY 02-11 House Sec. 1253 Advanced scientific computing for energy missions. 285.0 300.0 310.0 320.0 1,215.0 1,215.0 NE Sec. 1254 Fusion energy sciences program and planning. 335.0 349.0 362.0 377.0 1,423.0 1,423.0 Sec. 2505 (Sec. 1301 & items above in italic are part of Sec. 1251 total) Subtotal, Fundamental Energy Science 3,785.0 4,153.0 4,586.0 5,000.0 17,524.0 17,524.0 Subtitle F Energy, Safety, and Environmental Protection Sec. 1261 Critical energy infrastructure protection R&D 10.0 10.0 10.0 10.0 40.0 40.0 NE Sec. 1262 R&D for remediation of groundwater from energy activities. 25.0 26.0 27.0 28.0 106.0 106.0 NE Subtotal, Energy, Safety, & Environmental Protection 35.0 36.0 37.0 38.0 146.0 146.0 Subtotal, Title XII, Energy R&D Programs 6,167.2 6,648.2 7,228.2 7,849.2 75.0 27,842.8 301.0 28,143.8 TITLE XIII CLIMATE CHANGE RESEARCH AND DEVELOPMENT a Subtitle A Department of Energy Programs Sec. 1301 DOE global change research (part of Sec. 1251 total) 150.0 175.0 200.0 230.0 755.0 755.0 NE Subtitle B Department of Agriculture Programs Sec. 1311 Carbon sequestration basic and applied research 25.0 25.0 25.0 25.0 100.0 100.0 NE Sec. 1312 Carbon sequestration demonstration projects and outreach 10.0 10.0 10.0 10.0 40.0 40.0 NE Sec. 1313 Carbon storage and sequestration accounting research 20.0 20.0 20.0 20.0 20.0 100.0 100.0 NE Subtitle C International Energy Technology Transfer Sec. 1321 Clean energy technology exports program ss ss ss NE Sec. 1322 International energy technology deployment program 100.0 100.0 100.0 100.0 100.0 500.0 400.0 900.0 NE CRS-166 Senate in millions FY 02* FY 03* FY 04 FY 05 FY 06 FY 07 FY02-07 FY08-11 FY 02-11 House Subtitle D Climate Change Science and Information Part I Amendments to the Global Change Research Act of 1990 Sec. 1336 Research Grants 17.0 17.0 17.0 17.0 17.0 85.0 68.0 153.0 NE Part II National Climate Services and Monitoring Sec. 1344 Authorization of appropriations. 50.0 65.0 75.5 190.5 190.5 NE Sec. 1346 International Pacific research and cooperation 3.5 3.5 3.5 NE Sec. 1348 Arctic research and policy ss ss ss Sec. 1349 Abrupt climate change research (ss for FY09 - FY11) 10.0 10.0 10.0 10.0 10.0 50.0 10.0 60.0 NE Part III Ocean and Coastal Observing System Sec. 1352 Authorization of appropriations 235.0 315.0 390.0 445.0 1,385.0 1,385.0 NE Subtitle E Climate Change Technology Sec. 1365 Authorization of Appropriations 10.0 10.0 10.0 10.0 10.0 50.0 50.0 NE Subtitle F Climate Adaptation and Hazards Prevention Part I Assessment and Adaptation Sec. 1371 Regional climate assessment and adaptation program 4.5 4.5 4.5 NE Sec. 1372 Coastal vulnerability and adaptation assessment grants 6.0 6.0 6.0 6.0 6.0 6.0 36.0 24.0 60.0 NE Sec. 1373 Arctic research center 35.0 35.0 35.0 NE PART II Forecasting and Planning Pilot Programs Sec. 1383 Air quality research, forecasts, and warnings 8.0 3.0 3.0 3.0 17.0 17.0 NE Sec. 1385 Authorization of appropriations 17.5 20.0 22.5 25.0 85.0 85.0 NE Subtotal, Title XIII, Climate Change R&D 105.5 527.0 611.5 613.5 671.0 153.0 2,681.5 502.0 3,183.5 CRS-167 Senate in millions FY 02* FY 03* FY 04 FY 05 FY 06 FY 07 FY02-07 FY08-11 FY 02-11 House TITLE XIV MANAGEMENT OF DOE SCIENCE AND TECHNOLOGY PROGRAMS Sec. 1402 Availability of funds. a Sec. 1408 Technology infrastructure program. 10.0 10.0 20.0 20.0 NE Sec. 1414 United States - Mexico energy technology cooperation 5.0 6.0 6.0 6.0 23.0 23.0 NE TITLE XV PERSONNEL AND TRAINING a Sec. 1501 Workforce trends and traineeship grants. ss ss ss ss ss ss NE Sec. 1502 Postdoctoral & senior research fellowships in energy ss ss ss ss ss ss NE research. Subtotal Division E 105.5 6,709.2 7,275.7 7,847.7 8,526.2 228.0 30,567.3 803.0 31,370.3 Division F Technology Assessment and Studies TITLE XVI TECHNOLOGY ASSESSMENT Sec. 1601 National Science and Technology Assessment Service. ss ss ss NE DIVISION G Energy Infrastructure Security TITLE XIII CRITICAL ENERGY INFRASTRUCTURE Subtitle B Department of the Interior Programs Sec. 1811 Outer Continental Shelf energy infrastructure security. 450.0 450.0 450.0 450.0 450.0 2,250.0 450.0 2,700.0 NE Total Authorized Appropriations 196.0 16,662.3 12,297.1 13,014.1 9,672.6 753.4 52,470.3 1,313.0 53,783.3 NOTES: ss = such sums as may be necessary NE = no equivalent provision *FY02 and FY03 columns include funds for other years when no year has been specified. a Availability of Funds. Section 1402 says that appropriations authorized under certain titles shall remain available until expended. Those affected are titles XII (energy R&D), XIII (climate change R&D), and XV (traineeships and fellowships). CRS-168 Table 3. Authorized Appropriations in House-passed H.R. 4 House in millions FY 02* FY 03 FY 04 FY 05 FY 06 FY 02-06 FY 07-11 FY 02-11 Senate Division A Conservation TITLE I --ENERGY CONSERVATION Subtitle A --Reauthorization of Federal Energy Conservation Programs Sec. 101. DOE Energy Conservation Programs Authorization 950.0 1,000.0 1,050.0 1,100.0 1,150.0 5,250.0 0.0 5,250.0 NE Subtitle B --Federal Leadership in Energy Conservation Sec. 121. Federal facilities and national energy security. 20.0 20.0 20.0 20.0 20.0 100.0 80.0a 180.0 NE Sec. 125. Advanced building efficiency testbed. 18.0 18.0 0.0 18.0 Sec. 913 Sec. 128. Capitol complex. 2.0 2.0 2.0 6.0 0.0 6.0 NE Subtotal, Federal Leadership 38.0 22.0 22.0 22.0 20.0 124.0 0.0 124.0 Subtitle C --State Programs Sec. 131 Amendments to State energy programs. 70.0 100.0 100.0 125.0 395.0 0.0 395.0 Sec. 902 Sec. 132 Energy efficient schools (such sums through FY2010) ss ss ss ss ss ss ss ss Sec. 903 Sec. 133 Weatherization Assistance Program 273.0 325.0 400.0 500.0 1,498.0 0.0 1,498.0 Sec. 901 Sec. 134 Low-Income Home Energy Assistance Program. 3,400.0 3,400.0 3,400.0 3,400.0 13,600.0 0.0 13,600.0 Sec. 901 b Sec. 135 High performance public buildings. ss ss ss ss ss ss ss ss NE Subtotal, State Programs 3,743.0 3,825.0 3,900.0 4,025.0 ss 15,493.0 0.0 15,493.0 Subtitle D --Energy Efficiency for Consumer Products Sec. 141 Energy Star Program ss ss ss ss ss ss ss NE Sec. 141A Energy Sun renewable and alternative energy program. 10.0 10.0 10.0 10.0 10.0 50.0 0.0 50.0 NE Sec. 143 Appliance standards - HVAC maintenance 5.0 5.0 10.0 0.0 10.0 NE Subtitle E --Energy Efficient Vehicles Sec. 152. Railroad efficiency 25.0 30.0 35.0 90.0 0.0 90.0 Sec. 1214 CRS-169 House in millions FY 02* FY 03 FY 04 FY 05 FY 06 FY 02-06 FY 07-11 FY 02-11 Senate Subtotal, Efficiency (Title I) 4,771.0 4,892.0 5,017.0 5,157.0 1,180.0 21,017.0 0.0 21,017.0 TITLE II --AUTOMOBILE FUEL ECONOMY Sec. 206 Federal fleet petroleum-based nonalternative fuels. ss ss ss ss ss ss ss NE TITLE III --NUCLEAR ENERGY Sec. 305 Cooperative research and development and special 10.0 10.0 10.0 30.0 0.0 30.0 demonstration projects for the uranium mining industry. NE Sec. 306 Maintenance of a viable domestic uranium conversion industry 0.8 0.8c 0.0 0.8 NE TITLE V --FUELS Sec. 504. Funding for MTBE contamination. 200.0 200.0c 0.0 200.0 Sec. 832 TITLE VIII --MISCELLANEOUS PROVISIONS Sec. 801 Waste reduction and use of alternatives. 0.3 0.3 0.0 0.3 NE Subtotal Division A 4,982.1 4,902.0 5,027.0 5,157.0 1,180.0 21,248.1 0.0 21,248.1 Division B Research & Development TITLE I --ENERGY CONSERVATION AND ENERGY EFFICIENCY Subtitle A --Alternative Fuel Vehicles Sec. 2105. Alternative Fuel Vehicles 200.0 200.0c 0.0 200.0 NE Subtitle C --Secondary Electric Vehicle Battery Use Sec. 2133. Secondary Electric Vehicle Battery Use Program 1.0 7.0 7.0 15.0 0.0 15.0 NE Subtitle D --Green School Buses Sec. 2144. Green School Buses 40.0 50.0 60.0 70.0 80.0 300.0 0.0 300.0 NE Subtitle F --Department of Energy Authorization of Appropriations Sec. 2161. Energy Conservation 625.0 700.0 800.0 2,125.0 0.0 2,125.0 NE Subtotal, DOE Efficiency 866.0 757.0 867.0 70.0 80.0 2,640.0 0.0 2,640.0 CRS-170 House in millions FY 02* FY 03 FY 04 FY 05 FY 06 FY 02-06 FY 07-11 FY 02-11 Senate Subtitle G --EPA Office of Air & Radiation Authorization of Appropriations Sec. 2172. EPA Office of Air and Radiation (Climate Protection Prgs) Sec. 1015 Buildings 52.7 54.8 57.0 164.5 0.0 164.5 Transportation 32.4 33.7 35.0 101.1 0.0 101.1 Industry 27.3 28.4 29.5 85.2 0.0 85.2 Carbon Removal 1.7 1.8 1.9 5.4 0.0 5.4 State and Local Climate 2.5 2.6 2.7 7.8 0.0 7.8 International Capacity Building 5.3 5.5 5.7 16.5 0.0 16.5 Subtotal, EPA Efficiency (CPP) 121.9 126.8 131.8 380.5 0.0 380.5 Subtotal, Efficiency (Title I) 987.9 883.8 998.8 70.0 80.0 3,020.5 0.0 3,020.5 TITLE II --RENEWABLE ENERGY Subtitle A --Hydrogen Sec. 2210. Matsunaga Hydrogen Research, Development and Demonstration program Sec. 1223 R&D 40.0 45.0 50.0 55.0 60.0 250.0 0.0 250.0 Demonstration 20.0 25.0 30.0 35.0 40.0 150.0 0.0 150.0 Subtitle B --Bioenergy Sec. 2225. --Bioenergy Sec. 1222 Biopower Energy Systems 45.7 52.5 60.3 69.3 79.6 307.4 0.0 307.4 Biofuels Energy Systems 53.5 61.4 70.6 81.1 93.2 359.8 0.0 359.8 Integrated Bioenergy R&D 49.0 49.0 49.0 49.0 49.0 245.0 0.0 245.0 Subtotal, Bioenergy 148.2 162.9 179.9 199.4 221.8 912.2 0.0 912.2 Subtitle D --Department of Energy Authorization of Appropriations Sec. 2261. Renewable and Electric Energy Appropriations 535.0 639.0 683.0 1,857.0 0.0 1,857.0 Sec. 1211 Sec. 1213 CRS-171 House in millions FY 02* FY 03 FY 04 FY 05 FY 06 FY 02-06 FY 07-11 FY 02-11 Senate Sec. 1221 Subtotal, Renewables (Title II) 743.2 871.9 942.9 289.4 321.8 3,169.2 0.0 3,169.2 TITLE III --NUCLEAR ENERGY Subtitle A --University Nuclear Science and Engineering Sec. 2304. --University Nuclear Science and Engineering NE Graduate and Undergraduate Fellowships 3.0 3.1 3.2 3.2 3.2 15.7 0.0 15.7 Junior Faculty Research Initiation Grant Program 5.0 7.0 8.0 9.0 10.0 39.0 0.0 39.0 Nuclear Engineering Education Research Program 8.0 12.0 13.0 15.0 20.0 68.0 0.0 68.0 Communication & Outreach Related to Nuclear Science & 0.2 0.2 0.3 0.3 0.3 1.3 0.0 1.3 Engineering Refueling of University Research Reactors & Instrumentation 6.0 6.5 7.0 7.5 8.0 35.0 0.0 35.0 Upgrades Relicensing Assistance 1.0 1.1 1.2 1.3 1.3 5.9 0.0 5.9 Reactor Research and Training Award Program 6.0 10.0 14.0 18.0 20.0 68.0 0.0 68.0 University -DOE Laboratory Interactions 1.0 1.1 1.2 1.3 1.3 5.9 0.0 5.9 Subtotal, Subtitle A 30.2 41.0 47.9 55.6 64.1 238.8 0.0 238.8 Subtitle B --Advanced Fuel Recycling Technology Research and Development Program Sec. 2321 Program 10.0 ss ss 10.0 0.0 10.0 NE Subtitle C --Department of Energy Authorization of Appropriations Sec. 2341 Nuclear Energy Research Initiative. 60.0 ss ss 60.0 0.0 60.0 NE Sec. 2342 Nuclear Energy Plant Optimization program. 15.0 ss ss 15.0 0.0 15.0 NE Sec. 2343 Nuclear Energy technologies. 20.0 ss ss 20.0 0.0 20.0 NE Sec. 2344. Nuclear Energy Operation & Maintenance 191.2 199.0 207.0 597.2 0.0 597.2 Sec. 1241 Idaho National Engineering and Environmental Laboratory CRS-172 House in millions FY 02* FY 03 FY 04 FY 05 FY 06 FY 02-06 FY 07-11 FY 02-11 Senate Test Reactor Area Electric Utility Upgrade 0.1 1.2 1.7 3.0 0.0 3.0 Test Reactor Area Fire & Life Safety Improvements 0.5 0.5 0.5 0.5 2.0 0.0 2.0 Subtotal, Nuclear Energy (Title III) 327.0 241.7 257.1 56.1 64.1 946.0 0.0 946.0 TITLE IV --FOSSIL ENERGY Subtitle A --Coal Sec. 2401 Coal and related technologies programs. 172.0 179.0 186.0 537.0 0.0 537.0 NE Subtitle B ­Oil and Gas Sec. 2424 Oil Shale Research 10.0 10.0 0.0 10.0 Sec. 1231 Subtitle C --Ultra-Deepwater and Unconventional Drilling Sec. 2450 Loans for FY02 - FY09 900.0 900.0d 0.0 900.0 NE Subtitle E --Department of Energy Authorization of Appropriations Sec. 2481. Oil & Gas and Fuel Cells appropriations. 282.0 293.0 305.0 880.0 0.0 880.0 NE Subtotal, Fossil Energy (Title IV) 1,364.0 472.0 491.0 0.0 0.0 2,327.0 0.0 2,327.0 TITLE V --SCIENCE Subtitle A --Fusion Energy Sciences Sec. 2505. Authorization of appropriations. 320.0 335.0 655.0 0.0 655.0 Sec. 1254 Subtitle B --Spallation Neutron Source [Oak Ridge National Laboratory] Sec. 2522. Construction Funding 276.3 210.6 124.6 79.8 41.1 732.4 0.0 732.4 NE Other Project Funding 15.4 103.3 118.7 0.0 118.7 Subtitle E --Department of Energy Authorization of Appropriations Sec. 2581. Operation & Maintenance for the Office of Science 2,626.3 2,626.3 0.0 2,626.3 Sec. 1251 Research regarding Precious Metal Catalysis. 5.0 5.0 0.0 5.0 Fermi National Accelerator Lab, Neutrinos at the Main Injector 19.4 14.8 8.9 43.1 0.0 43.1 Oak Ridge National Lab, Laboratory for Comparative and 11.4 11.4 0.0 11.4 CRS-173 House in millions FY 02* FY 03 FY 04 FY 05 FY 06 FY 02-06 FY 07-11 FY 02-11 Senate Functional Genomics Various Locations, Project Engineering Design 4.0 8.0 2.0 14.0 0.0 14.0 Various Locations, Multiprogram Energy Lab Infrastructure 3.2 3.2 0.0 3.2 Project Engineering Design Various Locations, Multiprogram Energy Lab Infrastructure 18.6 13.0 31.6 0.0 31.6 Subtotal, Office of Science (Title V) 3,299.6 684.7 135.5 79.8 41.1 4,240.7 0.0 4,240.7 Subtotal Division B 6,721.7 3,154.1 2,825.3 495.3 507.0 13,703.4 0.0 13,703.4 Division E Clean Coal Sec. 5005. Clean Coal Power Initiative 200.0 200.0 200.0 200.0 200.0 1,000.0 1,000.0 2,000.0 Sec. 1232 Subtotal Division E 200.0 200.0 200.0 200.0 200.0 1,000.0 1,000.0 2,000.0 Division F Energy Security TITLE VIII --INSULAR AREAS ENERGY SECURITY Sec. 6801. Insular areas energy security. 5.0 5.0 5.0 5.0 5.0 25.0 50.0 75.0 NE Subtotal Division F 5.0 5.0 5.0 5.0 5.0 25.0 25.0 50.0 Total Authorized Appropriations 11,703.8 8,056.1 7,852.3 5,652.3 1,687.0 34,951.5 0.0 34,951.5 NOTES: *FY2002 column includes funds for other years when no year has been specified. ss - such sums as may be necessary (excluded from totals) a 20 m each year through FY10. b ss for FY02-10. c total amount for FY02 - 06. d total amount for FY02 - 09. e total amount for FY03 - 06. No authorizations in Divisions C & D. CRS-174 Energy Tax Provisions3 Fossil Fuels Supply Oil/Gas Exploration, Development, and Production Provision Current Law Senate Bill House Bill Comments Marginal oil and gas wells Independent producers can claim Sec. 2301. A $3 tax credit is Sec. 3301. Generally the same as Both bills limit the credit to 25 a higher depletion rate (up to provided per barrel of oil in the Senate bill, except that the bpd or equivalent and to 1,095 25%, rather than the normal 15%) (including heavy oil) and House bill provides for the carry barrels per year or equivalent. for up to 15 barrels per day (bpd) $0.50/thousand cubic feet (mcf) back of any unused tax credit for of oil (or the equivalent amount of gas from marginal wells. The up to 10 years. Under the Senate of gas) from marginal wells credit phases out as oil prices rise bill, unused credits cannot be ("stripper" oil/gas and heavy oil). from $15 to $18 (and as gas carried back to years prior to the [IRC§613A(c)(6)] prices rise from $1.67 to bill's enactment. $2.00/mcf.) 3 Tax provisions in this table are organized by topic, rather than by Senate section number as in the rest of this report. To find a specific numbered tax section, see the index following this table. CRS-175 Provision Current Law Senate Bill House Bill Comments Alaskan natural gas No special tax incentive is Sec. 2503. This section of the No provision. provided to natural gas produced bill creates a new tax credit for from Alaska's north slope. the production of natural gas from Alaska's North Slope area. The credit would be the difference between $3.25/mcf (adjusted for inflation) and the average monthly price for such gas sold in the Alberta, Canada market. In effect, the tax provision establishes a price floor of $3.25 for such gas. The credit is recaptured in the event that gas prices would rise above $4.875/mcf. Enhanced oil recovery A 15% tax credit is provided for No provision. Sec. 3309. The House bill repeals the costs of recovering oil by one the minimum tax limitation on of several selected tertiary the enhanced oil recovery credit, recovery techniques. The credit thus allowing more of it to be is part of the general business claimed. credit and is limited by the minimum tax. [IRC§43] Percentage depletion: The percentage depletion Sec. 2306. The suspension for Sec. 3302. The House provision The Job Creation and Worker a) 100% net income allowance is limited to 100% of marginal oil and gas is extended is the same as the Senate bill. Assistance Act of 2002 (P.L. 107- limit taxable income from each through December 31, 2006. 147), enacted on March 9, 2002, property, but this limitation is retroactively extended the suspended through 12- 31-2003, suspension for marginal oil and for marginal oil and gas. gas (which had expired on [IRC§613A(c)(6)(H)] December 31, 2001) through December 31, 2003. CRS-176 Provision Current Law Senate Bill House Bill Comments b) 65% taxable income The percentage depletion No provision. Sec. 3302. The 65% limitation Thus, the Senate bill liberalizes limit allowance is also limited to 65% on percentage depletion for oil depletion for marginal oil and of taxable income from all and gas is suspended through gas, while the House bill properties. December 31, 2006. liberalizes depletion for all [IRC§ 613A(d)] independent producers of oil and gas. c) independent An independent oil producer is a) Sec. 2305. The 50,000 barrel Sec. 3206. Generally the same as producer status for one that, on any given day, does daily limit is raised to 60,000, in the Senate bill, except that the purposes of percentage not refine more than 50,000 and it applies to the average over limit is raised to 75,000 bpd. depletion barrels of oil, and b) does not an entire taxable year, rather than have retail operation grossing on any day during the taxable more than $5 million. year. [IRC§613A(d)] Net operating losses For losses reported in 2001 and No provision. Sec. 3305. Net operating losses The Job Creation and Worker 2002, net operation losses may be of oil and gas producers are Assistance Act of 2002 (P.L. 107- carried back 5 years; after 2002 allowed to be carried back for up 147), enacted on 3- 9-2002, net operating losses can, to 5 years. retroactively allowed net generally, only be carried back 2 operating losses to be carried years. This applies generally to back for 5 years, through 12-31- all businesses. [IRC§172] 2002. Intangible drilling costs Oil and gas producers are No provision. Sec. 3308. The alternative Independent producers were (IDCs) allowed to expense, rather than minimum tax on IDCs is repealed basically subject to the minimum capitalize, certain IDCs. With through 12-31- 2004. Integrated tax on only 70% of their IDCs. certain limitations, this deduction oil companies are excluded. The House provision implies that is a tax preference item subject to they no longer have to report the alternative minimum tax. their IDCs as a tax preference [IRC§293(c), 57(a)(2)(e)] item. Geologic & geophysical G&G costs for retained properties Sec. 2307. G&G costs for Sec. 3304. G&G costs on retained The tax treatment of G&G costs costs (G&G) must be capitalized (via retained properties are properties are fully deductible in on properties that are abandoned depletion). Dry hole costs are amortizable (deducted evenly) the year incurred. does not change ­ these costs are expensed. over 2 years. fully deductible (expensed) in the [IRC§263] year incurred. CRS-177 Provision Current Law Senate Bill House Bill Comments Delay rentals Under the uniform capitalization Sec. 2308. Delay rental payments Sec. 3303. Delay rental payments rules, delay rental payments must are deducted evenly are fully deductible in the year be capitalized (via depletion). (amortizable) over 2 years. paid. [IRC§263,263A] §29 credit for fuels from A $3 tax credit ($1979) is Sec. 2310. The credit is extended Sec. 3306. The House bill also Although biogases, such as unconventional sources available for each barrel (or by 3 years for new facilities for extends the credit and placed-in- landfill gas, have qualified for the equivalent) of fuels produced producing most of the preexisting service dates, and broadens the credit, most of the benefits from from unconventional sources or qualifying fuels and placed in types of qualifying fuels, but this tax credit have accrued to mined from unconventional service through 12-31-2004. For these differ from the Senate bill. coalbed methane and to other locations. For most fuels, the biofuels from certain wastes, the For new projects producing most unconventional fossil gases. See credit ends in 2002 for facilities placed-in-service date is extended types of the preexisting CRS Report 97-679 E. Also, it is and mines placed in service by to 12-31-2004. For "older" qualifying fuels the credit is important to note the similarities 12-31-92; for biogases, the credit facilities that produce coke and extended by 4 years for facilities and differences between this tax ends in 2007 for facilities placed other fuels from lignite, the placed -in service through 12-31- credit and the §45 tax credit, both in service by 6-30-98. No credit placed-in-service date is extended 2006. For existing, "older" of which apply, in part, to certain is available for facilities placed in by 2 years through 12-31-2004. facilities, a lower credit is renewable resources. The §29 service after these cut-off dates The Senate bill also expands the extended from 2002 to 12-31- credit is granted for the (which apply to different fuels.) list of qualifying fuels to include 2005 to build a facility (instead of production and sale of the fuel, [IRC §29] refined coal that meets emissions 2004 in the Senate bill). For any while the §45 tax credit is granted reduction targets, heavy oil, and production which would qualify for the production of the gas from a coal mine that will be for a credit as a result of the electricity from the fuel. mined for coal. broadening of the provision Coordination between the two under this bill, the quantity of credits prevents "double fuel qualifying for a tax credit dipping." would be limited to 200,000 cubic ft/day of gas or equivalent. CRS-178 Provision Current Law Senate Bill House Bill Comments Tax benefits to American Present tax law provides Sec. 2501, 2502. The Senate bill Sec. 3310. This House provision The Job Creation and Worker Indians accelerated depreciation of extends both subsidies through extends both subsidies, but only Assistance Act of 2002 (P.L. 107- business property located on December 31, 2005. for energy-related businesses. 147), enacted on March 9, 2002, Indian reservations, and an Also, the extension is through extended the incentives through employment tax credit for wages December 31, 2006, one year December 31, 2004. paid to American Indians. Both longer than the Senate bill. of these tax subsidies expire at the end of 2004. [IRC§45A, 168(j)] Refining and Distribution Provision Current Law Senate Bill House Bill Comments Oil and gas pipelines The recovery period for the Secs. 2302, 2311. This provision Secs. 3201, 3202. Natural gas depreciation of oil and gas clarifies the recovery periods by gathering lines are assigned a 7 pipelines is 15 years; for natural assigning natural gas gathering year recovery period, but natural gas gathering lines, it could be lines a 7 year recovery period, gas distribution lines are assigned either 7 or 15 years, depending and natural gas distribution lines a 10 year recovery period. upon whether they are classified a 15 year recovery period. as exploration or transportation equipment. [IRC§168(e)(3)] Petroleum refineries Assets used in petroleum refining No provision. Sec. 3203. Allows recovery of are depreciated over 10 years. petroleum refining assets over 7 [IRC§168(e)(3)] years. CRS-179 Provision Current Law Senate Bill House Bill Comments Low sulfur diesel fuel There are no special tax Secs. 2303, 2304. Small refiners Secs. 3204, 3205. The House The Senate bill reduces the incentives for refining of low are permitted to expense (deduct provision is generally the same as fraction of expensable costs for sulfur diesel fuel. Investments in the year incurred), rather than the Senate bill except that 1) only taxpayers refining between are recovered through depreciate, the costs of 75% of the costs can be 155,000 and 205,000 barrels per depreciation, generally over 10 complying with the new EPA expensed, and 2) a small refiner day. A similar limitation is years. New, stricter EPA sulfur sulfur regulations. A tax credit of cannot refine more than 150,000 provided with respect to the per- standards will go into effect in $2.10/barrel of low sulfur diesel barrels per day (compared to barrel tax credit. It would also 2006. [IRC§168] fuel is also provided for small 205,000 barrels in the Senate (unlike the House bill) allow refiners, limited to 25% of the bill). cooperatives to pass through the capital costs. credits to members. Excise tax on train diesel Diesel fuel used in train engines No provision. Sec. 3115. The 4.3˘ portion of fuel is taxed at 4.4˘/gal., comprising the tax on train diesel would be 4.3˘, which goes into the general phased-out by 1-1-2010. fund, and 0.1˘, which goes into the Leaking Underground Storage Tank (LUST) trust fund. [IRC§4041(a)(d)] Excise tax on barge diesel Diesel fuel used in barges is No provision. Sec. 3115. The 4.3˘ portion of fuel taxed at 24.4˘/gal., comprising 1) the tax on barge diesel would be 20.1˘ that goes into the Inland phased out by 1-1-2010. Waterways Trust Fund, 2) 4.3˘, which goes into the general fund, and 3) 0.1˘, which goes into the LUST trust fund. [IRC§4042] CRS-180 Provision Current Law Senate Bill House Bill Comments Gasoline used on farms Gasoline (and diesel) used on Sec 2506. The Senate bill repeals No provision. farms is exempt from the motor the waiver requirement and fuels excise taxes (as are most permits the aerial consumer of other "off-highway" uses of the fuel to claim the exemption if motor fuels). The gasoline used it is also the purchaser of the in crop-spraying aircraft is gasoline. Also, the Senate bill exempt only to the extent it is treats the gasoline consumed used while actually spraying the from the airport and the farm as crops ­ gasoline used from the on-farm use, thus qualifying for airport to the farm is not exempt. the exemption. Further, the farmer must waive the right to claim the exemption in order for the "sprayer" to claim the exemption. [IRC§6420(c)] Commercial power No special tax credit is available Sec. 2009. Through 2004, a $250 No provision. takeoff vehicles to businesses that own refuse tax credit is provided for each collection trucks or cement refuse truck with a load mixing trucks. Such equipment compactor and each cement truck is depreciable property. Fuel with a mixer drum. After 2004, excise taxes are not generally the Treasury Department will imposed on off-highway fuel use issue regulations that will reduce such as in construction the excise taxes on the fuel used equipment. But there is no to power the load compactor or mechanism for crediting the the drum, as the case may be. excise tax paid by businesses on that portion of the fuel used by the trucks to power either the load compactor or the mixer drum. CRS-181 Provision Current Law Senate Bill House Bill Comments Excise taxes on For virtually all domestic flights, Sec. 2506. This section of the No provision. transportation by air the airlines assess a 7.5% ad- Senate bill expands the list of valorem tax on the ticket price of exempt uses, for purposes of the all commercial airline passenger passenger ticket tax and the tickets, plus a tax surcharge of domestic segment tax, to include $2.75 assessed on each transportation by fixed wing passenger's segment of a aircraft used for forestry domestic flight. Transportation purposes. The definition of rural by helicopter for certain specific airport for purposes of the uses is exempt. If a segment is to domestic segment tax is also or from a rural airport, the modified. domestic segment tax does not apply. Commercial airlines that transport property rather than people are assessed an ad- valorem tax, known as the cargo waybill tax, of 6.25% of the amount charged for shipping the property or freight. [IRC§4261, 4271] Blend of diesel/water Diesel fuel used in highway No provision. Sec. 3116. The 24.3˘ HTF The Taxpayer Relief Act of 1997 emulsion fuel vehicles is generally taxed at component of the tax on (P.L. 105-34) introduced the 24.4˘/gal., comprising the 24.3˘ emulsified blends of diesel and practice of taxing alternative Highway Trust Fund (HTF) rate, water fuels is reduced to 19.7˘, motor fuels, such as compressed and the 0.1˘ LUST trust fund reflecting the lower heat content, natural gas (CNG),liquefied rate. [IRC§4081] measured in British thermal units petroleum gas (LPG), and (Btu's), of the blended fuel. liquefied natural gas (LNG), on the basis of the Btu equivalence to a gallon of gasoline. CRS-182 Provision Current Law Senate Bill House Bill Comments Utility purchases of State and local governments No provision. Sec. 3213. Public power utilities natural gas cannot use the proceeds from tax- are exempt from the arbitrage exempt bonds to profit from restrictions of the tax-exempt arbitrage on natural gas bond rules. purchases. [IRC§148] Coal Provisions Provision Current Law Senate Bill House Bill Comments Clean coal technologies There are no special tax breaks Secs. 2201, 2211, 2212, 2221. Secs. 3117, 3118. This provision Clean coal technologies would for clean coal technologies, either Two new tax credits are created: is very similar to the Senate bill, essentially be conventional for the investments, or the 1) a variable tax credit for except that the investment tax systems retrofitted with pollution electricity produced therefrom. investments in selected types of credit is fixed at 10%, whereas in control equipment that would Pollution control equipment is advanced clean coal the Senate bill, it is based on a meet strict standards; advanced amortizable over 5 years (rather technologies, and 2) a production complex formula based on how clean coal technologies are than depreciated over 20 years). tax credit for electricity generated much of the national limits on selected types that meet energy [IRC§169] from either advanced clean coal aggregate investment in efficiency standards, which technologies, or existing coal- advanced clean coal technologies would vary by type of coal and fired steam generators retrofitted is allocated to each utility by the increase over time. with more energy efficient and Treasury Secretary. cleaner coal technologies. CRS-183 Electricity Restructuring Provisions Provision Current Law Senate Bill House Bill Comments Open access and tax- Current federal tax provisions Sec. 2405. This provision eases Sec. 3207. This section modifies The amendments in the House exempt bonds relating to the use of tax-exempt somewhat the restrictions in IRS and liberalizes the private use bill, which are made to the statute bonds effectively preclude public temporary regulations with provisions of the current tax code rather than any related power entities with outstanding respect to issuers of tax-exempt by grand- fathering the tax regulations, are much broader bonds from participating in open- bonds qualifying under the exemption of existing bonds in than in the Senate bill. access restructuring plans "output facilities" provisions and return for the loss of the tax because of the tax code's private- participating in open access exemption for future new use restrictions. plans. generation facilities. [IRC§103, 141-147] Sale or disposition of Under present tax law, the sale of Sec. 2404. Under this section, Sec. 3208. Under this section, transmission assets electricity transmission or gain from the sale or disposition the sale or disposition of distribution facilities is generally of transmission assets is transmission (but not not considered to be an recognized and included evenly distribution) assets to implement involuntary conversion, thus over 8 years. industry restructuring mandated generally triggering a tax, which by a state or the Federal Energy could inhibit pro-competitive Regulatory Commission (FERC) sales of transmission and is treated as a tax-exempt distribution lines and facilities to involuntary conversion, thus not independent companies, for triggering income tax in the case example to create regional of a capital gain. transmission organizations (RTOs). [IRC§451, 1033, 1245, 1250] CRS-184 Provision Current Law Senate Bill House Bill Comments Distribution of stock to A corporation generally is No provision. Sec. 3209. This section creates implement ferc required to recognize gain on the an exception to IRC §355(e) for restructuring plans distribution of property the acquisition of stock (or (including stock of a subsidiary) assets) of any controlled as if such property had been sold corporation in a qualifying for its fair market value. The electric transmission transaction. shareholders generally treat the receipt of property as a taxable event as well. [IRC §355] Nuclear decommissioning Deductions for contributions into Sec. 2402. The Senate bill Sec. 3210. In addition to the funds a nuclear decommissioning fund repeals provisions that limited the amendments made by the Senate are limited to the lesser of the deduction to regulated utilities, bill, the House provision further amounts relating to the cost of thus liberalizing the deduction in liberalizes the tax treatment of service regulations or the IRS's the context of utility restructuring nuclear decommissioning costs. ruling amount. Funds may be and deregulation. It clarifies that Unlike, the Senate bill, the House transferred tax-free in connection transfers of funds do not trigger a provision allows a utility to make with a change in ownership of the tax, and that the actual contributions into the fund in nuclear facility to which they decommissioning costs are excess of the maximum amount relate, but the transferee deductible when paid rather than established by the Internal generally has to be a regulated when the actual decommissioning Revenue Service in certain utility eligible to maintain such a begins. circumstances. fund. In a deregulated and restructured industry, ambiguity regarding the tax treatment of decommissioning fund transfers may make such transactions taxable. [IRC§468A] CRS-185 Provision Current Law Senate Bill House Bill Comments Electric cooperatives In general, cooperatives are Secs. 2403, 2406. The income Sec. 3211. The provision in the exempt from tax although coop received by a rural electric House bill is generally the same patrons must pay tax on any cooperative from any open access as the Senate bill, except that it distributed profits as "patronage transaction with a nonmember, limits the types of income not dividend." Rural electric and from certain other counted against the 15% test. cooperatives are also exempt transactions, is excluded from the from tax and members do not 15% test. Thus, participating in have to report dividends, open access restructuring plans provided that no more than 15% would not jeopardize of the coop's income is from cooperatives' tax exemption. services to nonmembers. [IRC§501,512] Energy Efficiency Business Sector Provision Current Law Senate Bill House Bill Comments Combined heat and power No special tax subsidies are Sec. 2108. Combined heat and Sec. 3113. Same as in the Senate Increasing the recovery period systems provided to combined heat and power systems larger than 50 bill, except that it excludes back- (slowing the depreciation power (cogeneration) systems; kilowatts (kW) would be treated pressure steam turbines. deductions) reduces somewhat the recovery period for purposes as business energy property, thus the incentive effects of the 10% of depreciation is generally 15 qualifying for the 10% investment tax credit. The extent years. investment tax credit; the of this effect is unclear without recovery period is increased to 22 further analysis. years. Property using back- pressure steam turbines is also eligible. CRS-186 Provision Current Law Senate Bill House Bill Comments Energy efficiency in Energy efficiency property that is Sec. 2105. Energy efficiency Sec. 3110. Same as in the Senate Both bills allow for designers of commercial buildings installed as part of a structure is expenditures made with respect bill. energy efficiency items to claim depreciable over 39 years ­ it has to a commercial building is tax this deduction if the items are the same recovery period as the deductible (rather than installed in the buildings of structure. depreciable), subject to a limit nontaxable entities. [IRC.§168(c)] equal to $2.25 x sq.ft. of the building. Residential Sector Provision Current Law Senate Bill House Bill Comments Energy-efficiency items in No special tax treatment is Secs. 2103, 2109. A tax credit, Sec. 3108. A 20% tax credit up to The major differences between existing homes accorded to homeowners for ranging from $75-$250/unit, is $2,000 of cost is provided for the two bills is that the Senate bill purchases of energy efficiency provided for selected types of energy efficiency improvements also applies to selected types of enhancing property. new efficient heating and cooling to existing homes. energy efficient heating/cooling units retrofitted to existing technologies (furnaces, water homes; other energy-efficiency heaters, AC units); the House bill improvements to the structure applies only to "building qualify for credits equal to 10% envelope components," such as of the costs ($300 maximum). insulation. Energy-efficient new No special tax break is available Sec. 2101. A $1,250 tax credit is Sec. 3109. This provision is very homes to builders who construct more provided to a builder for the costs similar to the Senate bill except energy efficient new homes. of property which makes both a that the maximum credit is a flat new home and any energy-using $2,000 and the reduction in equipment in the home more heating/cooling costs need be energy efficient, in the sense of only by at least 30%. reducing heating/cooling costs by 30% (the credit is $2,000 if such costs are reduced by 50%.) CRS-187 Provision Current Law Senate Bill House Bill Comments Home appliances There is no special tax incentive Sec. 2102. A tax credit is Sec. 3107. Same as in the Senate for either the production or provided to manufacturers of bill. purchase of energy efficient more energy efficient washers appliances (although regulations and refrigerators: $50 for set standards for energy use washers, $100 for refrigerators, efficiency and labeling). subject to a cumulative per- taxpayer credit of $30 million for each type of appliance. Energy management Current law provides no special Secs. 2106, 2107. A $30/unit tax Secs. 3111, 3112. Same as in the devices tax incentives for meters, deduction is provided to utilities Senate bill. thermostats, and other energy for investment in energy management devices that allow management devices installed in utilities or consumers to monitor, residences or businesses; the control, and, thereby possibly recovery period for depreciation conserve electricity or natural purposes would be 3 years. gas. Such property is depreciable if used in a business. CRS-188 Transportation Sector Provision Current Law Senate Bill House Bill Comments New hybrid vehicles Under current law there is no tax Secs. 2001, 2010. A tax credit is Sec. 3104. Generally, the same as credit for hybrid vehicles, but provided to purchasers of hybrid the Senate bill, except that a they may qualify for a deduction vehicles, ranging from $250- slightly higher credit is provided up to $2,000 as clean-fuel $9,000 for cars and light trucks, for more fuel efficient hybrid cars vehicles. and $4,000-$13,000 for heavy and light trucks (an additional [IRC§179A] trucks. The precise credit $1,000-$3,500 vs. $500-3,000 in depends upon vehicle weight, the Senate bill), depending on power, and fuel efficiency. For improvements in fuel efficiency heavy trucks, the credit is as compared with model year increased further if they meet 2000 cars/light trucks. The emissions performance standards. House bill has an additional bonus credit of either $250 or $500 depending upon how much fuel is saved over the vehicle's useful life. CRS-189 Renewable and Alternative Fuels Business Sector Provision Current Law Senate Bill House Bill Comments Electricity from Electricity producers may claim a Secs. 1901-1906. The Senate bill Sec. 3102. The House bill has a The Taxpayer Relief Act of 1997 renewable fuels tax credit of 1.5˘/kilowatt hour expands the list of qualifying more limited expansion of the (P.L. 105-34) retroactively (kWh), in 1992 dollars, for renewables to include coal co- credit than the Senate bill. It extended the placed-in-service electricity produced from wind fired with closed-loop biomass, expands the list of renewables deadline from 12-31-2001 to 12- energy, "closed-loop" biomass, or open-loop biomass (at 1.0˘ only to open-loop biomass and 31-2003. The Senate bill is much poultry waste. [IRC§45] instead of 1.5˘), swine and landfill gas. Extends placed-in- broader than the House bill, bovine waste, geothermal, solar service deadline to 12-31-2006. although both bills exclude energy, small irrigation power The credit for open-loop biomass municipal solid waste as a facilities, municipal biosolids, and landfill gas applies qualifying renewable energy and recycled sludge. The placed- retroactively but the credit is resource. in-service deadline is extended 1.0˘ instead of 1.5˘, and is from 12-31-2003 to 12-31-2006 available for 5 years instead of (12-31-2004 for open- loop the normal 10 years. biomass, which has 3 years to receive the credit instead of the normal 10 years). The Senate provision also allows 1) lessee- operators (rather than owners) to qualify for the tax credit; 2) tax- exempt entities to sell or trade any unused tax credits; and 3) rural electric coops to use the tax credits to pay back government subsidized loans. Other limitations are also liberalized or repealed. CRS-190 Provision Current Law Senate Bill House Bill Comments Small ethanol producer Present law provides fuel ethanol Sec. 2005. This provision 1) No provision. tax credit 1) a 5.3˘ excise tax exemption allows patrons of farmers' (or a 53˘ blender's tax credit), cooperatives to qualify for the and 2) 10˘/gal. tax credit for 10˘ small producer credit; 2) small ethanol producers (one that defines a small producer as one produces less than 15 mil. with <60 mil. gal. capacity; 3) gal./year, and has less than 30 exempts the credit from the mil. gal. in production capacity). passive activity rules; 4) allows Any credit claimed must be the credit against the alternative reported as income subject to tax. minimum tax; and 5) exempts the Cooperatives are tax-exempt and credit from the regular income therefore do not benefit from the tax under IRC§87. producer credit, which cannot flow-through to patrons. [IRC§40, 87, 4081] Fuel ethanol and the Present tax law toward fuel Sec. 2006. Beginning on 10-1- No provision. highway trust fund ethanol blends results in revenue 2003 the 2.5˘ component of the losses to the Highway Trust Fund tax on fuel ethanol blends will be (HTF) of 7.8˘/gal., comprising allocated into the HTF. for 90/10 blends 1) the 5.3˘ exemption, and the 2.5˘ of the 13.1˘ taxable portion that is allocated into the general fund. [IRC§4081, 9503 (b)(4)] ETBE used to produce ETBE blended with gasoline Sec. 2007. The Senate bill No provision. gasohol qualifies for the same tax permits refiners to claim the advantages as ethanol blended blender's tax credit as a credit with gasoline, but the blender's against excise taxes otherwise credit on ethanol used to produce due on the ETBE blended fuel. ETBE can only be claimed by The bill allows the transfer of blenders. such credit to any taxpayer with [IRC§40,4081] any gasoline excise tax liability. CRS-191 Provision Current Law Senate Bill House Bill Comments Biodiesel Biodiesel has no special tax Sec. 2008. The bill provides a tax No provision. break, and as a transportation fuel credit ­ in the amount of 1˘ for it is taxed at the same rate as each 1% of biodiesel made from petroleum diesel: 4.4˘ for trains, virgin vegetable oil and blended and 24.4˘ for barges and trucks. petroleum diesel. The maximum [IRC§4041, 4042, 4081] credit is 20˘/gal. The tax credit for recycled vegetable oil is ˝ the credit for virgin biodiesel. The excise tax otherwise due on highway biodiesel is reduced by the amount of the tax credit. Business use of renewable A 10% tax credit is provided for Sec. 2104. A tax credit is Sec. 3103. A 10% tax credit is technologies investment in solar equipment provided for business use of fuel provided for investments in used to 1) generate electricity cells (in the amount of either stationary fuel cells, subject to a (including photovoltaic systems), 30% of the costs or $1,000/kW of maximum credit of $1,000/kW of 2) used to heat or cool a capacity, whichever is less) and capacity. structure, and 3) used for process for stationary microturbine power heat. Geothermal energy plants (in the amount of 10% of reservoirs qualify for a 15% the costs, up to $200/kW). percentage depletion allowance. Electricity from wind technologies receives the §45 tax credit. The recovery period for renewable technologies is 5 years. Fuel cells do not qualify for tax subsidies. [IRC§45,46,48, 613(e)] CRS-192 Residential Sector Provision Current Law Senate Bill House Bill Comments Renewable energy There are no tax subsidies for Sec. 2103. A tax credit is Secs. 3101, 3103. A 15% tax Both bills include photovoltaic technologies residential applications of solar, provided for residential credit (up to $2,000) is provided systems as qualifying solar wind, and other renewable energy applications of renewable for residential solar (10% credit property, but only the Senate bill technologies. technologies: 15% tax credit for to residential fuel cells, up to covers wind systems in personal solar, 30% for wind, and 20% for $1,000/kW of capacity). dwellings. fuel cells. The maximum credit is $1,000 for fuel cells, and $2,000 for other technologies. Transportation Sector Provision Current Law Senate Bill House Bill Comments Alternative-fuel vehicles The incremental costs of an Sec. 2001. A 40% tax credit is Sec. 3104. Generally the same as Both bills would allow lessors alternative fuel vehicle are tax provided for the incremental the Senate bill, except that the (under safe harbor leasing rules) deductible, up to $2,000 for a car, costs of an alternative fuel credit ranges from 50%-80% (up to qualify for the tax credit, $50,000 for a truck. This applies vehicle. An additional 30% tax to $3,200-$38,000) based on thereby benefitting tax exempt to vehicles powered by LPG, credit is available if the vehicle weight and emissions standards. entities such as state and local LNG, CNG, hydrogen, E85 and meets certain Clean Air Act The House bill also 1) provides a governments. M85. The credit phases out standards. The maximum credit still higher tax credit for beginning in 2002 and ending in would be $5,000-$40,000 increases in fuel efficiency and 2004. depending on vehicle weight. lifetime fuel savings, and 2) [IRC§179A] covers "advanced clean-burn technology vehicles," which are not in the Senate bill. CRS-193 Provision Current Law Senate Bill House Bill Comments New fuel cell vehicles Fuel cell vehicles may qualify for Sec. 2001. A tax credit is Sec. 3104. Same as in the Senate In both bills the fuel cell must be the $4,000 electric vehicle tax provided to purchasers of fuel bill. stored on board the vehicle. credit (discussed below). cell vehicles, ranging from [IRC§30] $4,000-$10,000 for cars and light trucks, (depending upon vehicle weight, and fuel efficiency) and $$20,000- 40,000 for heavy fuel cell trucks. Alternative-fuel refueling A maximum lifetime tax Secs. 2003, 2010. The Senate bill Sec. 3105. The House provision The Senate bill would permit stations deduction, up to $100,000, is replaces the current deduction extends the current deduction businesses that install refueling provided for the costs of with a 50% tax credit, through through 2007. equipment on property owned by refueling property (excluding 2007, for the costs of clean-fuel tax-exempt entities to also qualify installation costs). This deduction refueling equipment (subject to a for the tax credit. expires on 1-1-2005. maximum tax credit of $30,000). [IRC§179A] It adds "residential clean- refueling property" to qualifying property, subject to a maximum credit of $1,000. For hydrogen refueling stations, the credit is available through 2011. Retail sale of alternative Fuel ethanol (and methanol) Sec. 2004. A 30˘/gal. tax credit No provision. fuels qualify for excise tax exemptions. (rising to 50˘/gal.) is provided Fuel ethanol also qualifies for for the retail sale of an alternative blender's and production tax fuel (CNG, LNG, LPG, credits. CNG and other hydrogen, 85% ethanol, and 85% alternative fuels are taxed at methanol). The credit is based on lower rates, as measured against the gasoline equivalent of the Btu equivalence of gasoline. alternative fuel, rated at 114,000 Electricity used in vehicles is not Btu's/gal of gasoline. taxed. There is no tax break for the retail sale of alternative motor fuels. [IRC§40, 4041, 4081] CRS-194 Provision Current Law Senate Bill House Bill Comments Electric vehicles A 10% tax credit, up to $4,000, is Sec. 2002. The Senate bill Sec. 3106. The provision in the Under both bills, leases of electric available for the costs of an repeals the existing credit, and House bill is very similar to the vehicles would also qualify for electric vehicle. The credit provides a new tax credit ranging Senate bill except that 1) the the tax credit. phases out from 2002-2004. from $3,500-$40,000, depending credit ranges from $4,000 - [IRC§30] on vehicle weight, payload $40,000 in the case of standard capacity, and driving range. A electric vehicles, and 2) the smaller tax credit (10% of costs maximum credit for the slower up to $1,500) is provided for electric vehicles is $4,000 instead electric vehicles with a maximum of $1,500. velocity of between 20-25 mph. Miscellaneous Provisions Provision Current Law Senate Bill Senate Bill Comments Study of coalbed methane Coalbed methane is one of the Sec. 2309. The Secretary of the No provision. See An Economic Analysis of the unconventional fuels that Treasury shall study the effects of §29 Tax Credit for qualifies for the §29 tax credit. the §29 tax credit on the Unconventional Fuels. CRS There is no provision in current production of coalbed methane. Report 97-679E. law for the study of the effects of the §29 tax credit on coalbed methane. Study of electricity No part of current tax law directs Sec. 2401. The Treasury No provision. restructuring tax issues the Treasury Department to Secretary shall undertake a study study, and report to the Congress, of the tax issues resulting from the tax issues related to the electricity industry restructuring, restructuring of the electric utility particularly the effects of tax- industry. exempt bonds on public power and on corporate reorganization. CRS-195 Provision Current Law Senate Bill Senate Bill Comments Study of certain tax There is no provision in the Sec. 2502. GAO is directed to No provision. incentives Internal Revenue Code directing undertake an analysis of the GAO to study the effects of the effectiveness of tax incentives for tax incentives for alternative alternative motor vehicles and motor fuels and for energy energy efficiency investments. efficiency. Dyeing requirements for Under a law that became No provision. Sec. 3212. This section repeals The dyed fuel mandate was diesel and kerosene fuel effective on 1-1-2002 (before it the dyeing mandate for diesel and retroactively repealed by the Job was retroactively repealed), kerosene fuel. Creation and Worker Assistance terminal facilities that sold tax- Act of 2002 (P.L. 107-147), exempt diesel or kerosene had to which as enacted on March 9, dye the fuel. 2002. Thus the House provision [IRC§4101] is redundant. Duty free sales of gasoline Customs duties are imposed on Sec. 2504. The Senate bill No provision. and diesel the importation of commodities provides that any gasoline or into the U.S. The import duty on diesel sold in duty-free shops will gasoline and diesel fuel is be considered entered for 52.5˘/barrel (1.25˘/gal.). consumption, and therefore Commodities sold in duty-free subject to duty. U.S. shops may be sold duty-free if the commodity is not entered into the U.S. (i.e., the commodity must be exported back out of the U.S.). [Harmonized Tariff Schedule of the U.S.; 19 U.S.C. 1555(b)] CRS-196 Provision Current Law Senate Bill Senate Bill Comments Energy credits and the Under current law, energy- No provision. Secs. 3114, 3307. These two alternative minimum tax related income tax credits, and sections makes the minimum tax many of the non-energy tax limitation inapplicable to several credits, are aggregated and of the personal and business claimed as one general business energy tax credits introduced by credit, which is also subject to the bill. several limitations, including the alternative minimum tax limitation. [IRC§38] Water submetering No special tax incentives are Secs. 2110, 2111. The cost of No provision. devices provided for meters and other water submetering devices water use management devices installed in consumers residences that allow utilities or consumers or businesses is deductible by the to monitor, control, and thereby utility up to $30/unit; the possibly conserve water. Such recovery period for depreciation property is depreciable if used in purposes is 3 years. a business. Tax treatment of dairy Involuntary conversions of Sec. 2505. The Senate provision No provision. cattle property or assets ­ such as from treats the destruction of dairy theft, fire, or actual or threatened cattle infected with bovine condemnation ­ are not generally tuberculosis, as part of USDA's subject to tax i.e., any gain or eradication program, as an loss is not recognized, provided involuntary conversion for tax that the property is replaced purposes, thus ensuring that no within a specified period of time, tax is triggered, provided that the generally two years. cattle are replaced within 4 years. [IRC§1033] The costs of disposing of the infected cattle would be expensed rather than depreciated. CRS-197 Index of House Non-Tax Sections House sections which are in italics appear in this report just after, or in a few cases just before, the corresponding Senate section. House Senate House Senate House Senate 100- 101 901 206 806 2341 1243 121b 911 207 804 2342 1244 121f 912 301 521 2343 1245 121e 914 302- 304 542 2344 1241 122 915 305- 306 1245 2401 1231 122 916 307- 308 542 2421- 2424 1231 123 917 309 511 2441- 2451 1231 124 914 401 301 2461 1201- 1204 124d 923 402 301(c) 2481 1235 124 927 501- 502 837 2501- 2505 1254 125 913 503 839 2521- 2524 1254 125 1504 504 832 2541- 2542 1254 126 912 601 262 2543 1254 127 917 602 261 2561- 2562 1406 128 919 603 820B 2581 1251 131 902 604 820 2601(b) 1410 132 903 701 704(d) 2601- 2605 1414 133- 134 901 702 721 2603 1403 135 903 801 265 2611- 2616 1414 141A 263 802 811 2616 1405 141 926 803 2701 3107 905 142 925 2001- 2007 1201- 1204 3114- 3116 NE 143 924 2101- 2105 812 3203 NE 143 928 2121- 2128 1221, 1235 3209 NE 143c 929 2124 1215 3212 NE 151 812 2131- 2133 818 3213 NE 152 1214 2141- 2144 814- 816 3305 NE 153 817 2151- 2155 1213 3307- 3309 NE 154 840 2161 1211- 1212 4101 931 161 1701 2171- 2178 1015 4102 932 162 822 2181 1211 4103 933 162- 165 1709 2201- 2211 1223 4104 934 201 801 2221- 2225 1222 4105 935 202 803 2241- 2243 1261 4106 936 203 804 2261 1223 5000- 5008 1232 204 821 2301- 2304 1242 6101 1706 205 805 2321 515 6102 265 CRS-198 House Senate House Senate House Senate 6103 1701 NE 706- 707 NE 1404 6104 721 NE 709- 713 NE 1407- 1409 6105 265 NE 741 NE 1411- 1413 6106 1706 NE 761- 770 NE 1501- 1507 6201- 6204 606 NE 771- 779 NE 1601 6221- 6225 602 NE 781- 783 NE 1703 6231 606 NE 802 NE 1705 6232- 6235 612 NE 807- 810 NE 1707- 1708 6235 1706 NE 813 NE 1801- 1805 6301- 6307 265 NE 819 6308 265 NE 820A 6401- 6404 301(c) NE 823- 824 6501- 6511 1811 NE 831 6503 705 NE 833- 836 6508 708 NE 838 6512 265 NE 904 6601 265 NE 922 6602 401 NE 930 6701- 6704 1236 NE 940 6801 1702 NE 941- 950 6801 1704 NE 1001 7101 2701 NE 1011- 1016 NE 101- 102 NE 1021- 1022 NE 201- 210 NE 1031- 1032 NE 221- 230 NE 1101- 1111 NE 231- 238 NE 1215- 1216 NE 241- 245 NE 1221 NE 251- 258 NE 1233- 1235 NE 263- 264 NE 1237 NE 271- 272 NE 1252- 1253 NE 402- 408 NE 1261- 1262 NE 501- 509 NE 1301- 1302 NE 512- 514 NE 1311- 1313 NE 516 NE 1321- 1322 NE 531- 532 NE 1331- 1337 NE 541 NE 1341- 1349 NE 601 NE 1351- 1352 NE 603- 605 NE 1361- 1365 NE 607- 611 NE 1371- 1373 NE 613 NE 1381- 1385 NE 701- 704 NE 1401- 1402 CRS-199 Index of Senate and House Tax Sections. Sorted by Senate. Senate House Section in this report. 1900 3001 Short title 1901- 1906 3102 Renewable and Alternative Fuels: Business Sector 2001 3104 Energy Efficiency: Transportation Sector 2002 3106 Renewable and Alternative Fuels: Transportation Sector 2003 3105 Renewable and Alternative Fuels: Transportation Sector 2004- 2009 NE Renewable and Alternative Fuels: Transportation Sector 2010 3104- 3105 Energy Efficiency: Transportation Sector 2101 3109 Energy Efficiency: Residential Sector 2102 3107 Energy Efficiency: Residential Sector 2103 3101 Energy Efficiency: Residential Sector 2103 3103 Energy Efficiency: Residential Sector 2103 3108 Energy Efficiency: Residential Sector 2104 3103 Energy Efficiency: Business Sector 2105 3110 Energy Efficiency: Business Sector 2106 3111 Energy Efficiency: Residential Sector 2107 3112 Energy Efficiency: Residential Sector 2108 3113 Energy Efficiency: Business Sector 2109 3108 Energy Efficiency: Residential Sector 2110- 2111 NE Miscellaneous NE 3114- 3116 Miscellaneous 2201 3118 Fossil Fuels Supply: Coal Provisions 2211 3117 Fossil Fuels Supply: Coal Provisions 2212 3118 Fossil Fuels Supply: Coal Provisions NE 3213 Fossil Fuels Supply: Refining and Distribution 2221 NE Fossil Fuels Supply: Coal Provisions 2301 3301 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 2302 3201 Fossil Fuels Supply: Refining and Distribution 2303 3204 Fossil Fuels Supply: Refining and Distribution 2304 3205 Fossil Fuels Supply: Refining and Distribution 2305 3206 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 2306 3302 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 2307 3304 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 2308 3303 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 2309 NE Miscellaneous 2310 3306 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 2311 3202 Fossil Fuels Supply: Refining and Distribution NE 3203 Fossil Fuels Supply: Refining and Distribution NE 3305 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production NE 3307- 3309 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 2401 NE Miscellaneous CRS-200 Senate House Section in this report. 2402 3210 Electricity Restructuring Provisions 2403 3211 Electricity Restructuring Provisions NE 3209 Electricity Restructuring Provisions 2404 3208 Electricity Restructuring Provisions 2405 3207 Electricity Restructuring Provisions 2406 3211 Electricity Restructuring Provisions NE 3212 Miscellaneous 2501 3310 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 2502 NE Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 2503 NE Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 2504 NE Miscellaneous 2505 NE Miscellaneous 2506 NE Fossil Fuels Supply: Refining and Distribution 2507- 2508 NE Miscellaneous Sorted by House House Senate Section in this report. 3001 1900 Short title 3101 2103 Renewable and Alternative Fuels: Residential Sector 3102 1901- 1906 Renewable and Alternative Fuels: Business Sector 3103 2103 Renewable and Alternative Fuels: Residential Sector 3103 2104 Renewable and Alternative Fuels: Business Sector 3104 2001 Renewable and Alternative Fuels: Transportation Sector 3104- 3105 2010 Renewable and Alternative Fuels: Transportation Sector 3105 2003 Renewable and Alternative Fuels: Transportation Sector 3106 2002 Renewable and Alternative Fuels: Transportation Sector 3107 2102 Energy Efficiency: Residential Sector 3108 2103 Energy Efficiency: Residential Sector 3108 2109 Energy Efficiency: Residential Sector 3109 2101 Energy Efficiency: Residential Sector 3110 2105 Energy Efficiency: Business Sector 3111 2106 Energy Efficiency: Residential Sector 3112 2107 Energy Efficiency: Residential Sector 3113 2108 Energy Efficiency: Business Sector 3114 NE Miscellaneous 3115- 3116 NE Fossil Fuels Supply: Refining and Distribution 3117 2211 Fossil Fuels Supply: Coal Provisions 3118 2201 Fossil Fuels Supply: Coal Provisions 3118 2212 Fossil Fuels Supply: Coal Provisions 3201 2302 Fossil Fuels Supply: Refining and Distribution 3202 2311 Fossil Fuels Supply: Refining and Distribution 3203 NE Fossil Fuels Supply: Refining and Distribution 3204 2303 Fossil Fuels Supply: Refining and Distribution 3205 2304 Fossil Fuels Supply: Refining and Distribution CRS-201 House Senate Section in this report. 3206 2305 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 3207 2405 Electricity Restructuring 3208 2404 Electricity Restructuring 3209 NE Electricity Restructuring 3210 2402 Electricity Restructuring 3211 2403 Electricity Restructuring 3211 2406 Electricity Restructuring 3212 NE Miscellaneous 3213 NE Fossil Fuels Supply: Refining and Distribution 3301 2301 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 3302 2306 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 3303 2308 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 3304 2307 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 3305 NE Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 3306 2310 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 3307 NE Miscellaneous 3308- 3309 NE Fossil Fuels Supply: Oil/Gas Exploration, Development, Production 3310 2501 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production NE 2004- 2009 Renewable and Alternative Fuels: Transportation Sector NE 2110- 2111 Miscellaneous NE 2221 Fossil Fuels Supply: Coal Provisions NE 2309 Miscellaneous NE 2401 Miscellaneous NE 2502 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production NE 2503 Fossil Fuels Supply: Oil/Gas Exploration, Development, Production NE 2504 Miscellaneous NE 2505 Miscellaneous NE 2506 Fossil Fuels Supply: Refining and Distribution NE 2507- 2508 Miscellaneous CRS-202 Related CRS Reports CRS Issue Brief IB90122. Automobile and Light Truck Fuel Economy: Is CAFE Up to Standards? Updated regularly. CRS Issue Brief IB10073. The Arctic National Wildlife Refuge: The Next Chapter. Updated regularly. CRS Report RL31096. Bush Energy Policy: Overview of Major Proposals and Legislative Action. August 22, 2001. CRS Report RL30941. Department of Energy Research and Development Budget for FY2002: Description and Analysis. November 6, 2001. CRS Report RL31049. Energy in 2001: Crisis Again? July 31, 2001. CRS Issue Brief IB10080. Energy Policy: Setting the Stage for the Current Debate. Updated regularly. CRS Report RL31127. Energy Efficiency and Energy Conservation Legislation in the 107th Congress. September 19, 2001. CRS Report RL30953. Energy Tax Incentives: A Comparison of the National Energy Security Act of 2001 (S. 389) and the Democratic Alternative (S. 596). May 8, 2001. CRS Issue Brief IB88090. Nuclear Energy Policy. Updated regularly. CRS Report RL31044. Renewable Energy Legislation in the 107th Congress. December 17, 2001. CRS Report RL31153. Securing America's Future Energy Act of 2001: Summary of H.R. 4 as Passed by the House. October 10, 2001. CRS Report RL31276. Energy Policy Act of 2002: Summary of S. 1766 as Introduced. February 8, 2002. ------------------------------------------------------------------------------ For other versions of this document, see http://wikileaks.org/wiki/CRS-RL31427