Global Climate Change Briefing Book
Congressional Research Service
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Legislation

107th Congress

S. 388 and S. 389 (Murkowski)
A bill to protect the energy and security of the United States and decrease America's dependency on foreign oil sources to 50% by the year 2011 by enhancing the use of renewable energy resources conserving energy resources, improving energy efficiencies, and increasing domestic energy supplies; improve environmental quality by reducing emissions of air pollutants and greenhouse gases; and for other purposes. (Introduced February 26, 2001, and referred to the Senate committee on Energy and Natural Resources).

106th Congress

S. 547 (Chafee)
A bill to authorize the President to enter into agreements to provide regulatory credit for voluntary early action to mitigate potential environmental impacts from greenhouse gas emissions. The purpose of S. 547 is to encourage voluntary greenhouse gas reductions by providing entities who participate early reductions credits for their actions. Applicable to actions taken before the year 2008, these credits would be useable in any future domestic reduction program. In general, a company's early actions would be compared with a 1996-1998 company-wide baseline to determine the appropriate credits received. Credits would also be available for reduction actions taken overseas, and verifiable actions recorded under Section 1605 of the Energy Policy Act of 1992. (Introduced Mar. 4, 1999; Hearing held, Committee on Environment and Public Works, June 3, 1999; S.Hrg. 106-150.)

S. 882 (Murkowski)
The Energy and Climate Policy Act, a bill to "strengthen provisions in the Energy Policy Act of 1992 and the Federal Nonnuclear Energy Research and Development Act of 1974 with respect to potential climate change." The findings of this bill refer, among other things, to the necessity that stabilization of atmospheric greenhouse gases "must be a long-term effort undertaken on a global basis;" and that "effective greenhouse gas management efforts depend on the development of long-term, cost-effective technologies and practices that can be developed, refined, and deployed commercially in an orderly manner in the United States and around the world." The purpose of the bill includes further promoting voluntary efforts to reduce or avoid greenhouse gas emissions and improve energy efficiency; focusing Department of Energy efforts in this area, and authorizing a long-term research development and demonstration program to develop new technologies to reduce or avoid anthropogenic emissions of greenhouse gases, and to remove and sequester greenhouse gases. (Introduced April 27, 1999; Hearing held, Committee on Energy and Natural Resources, March 30, 2000; S.Hrg. 106-653.)

S. 935 (Lugar)
Titled the "National Sustainable Fuels and Chemicals Act of 1999," this bill amends the National Agricultural Research, Extension and Teaching Policy Act of 1977 to authorize research and promote the conversion of biomass into biobased industrial products. The findings relate to a range of advantages of biomass fuels, including "near-zero net greenhouse gas emissions..." (Introduced April 30, 1999; Hearing held, Committee on Agriculture, Nutrition, and Forestry, May 27, 1999; S.Hrg. 106-203. Reported to Senate Oct. 8, 1999, S.Rept. 106-179. Passed with amendments Feb. 29, 2000; text, Cong. Rec. 3/01/2000, p. S1039-1042.)

S. 1066 (Roberts)
Titled the "Carbon Cycle and Agricultural Best Practices Research Act," this bill provides for research on soil carbon storage and impacts of various agricultural practices on soil carbon accumulation, and for development of technologies to analyze and monitor soil carbon; it also provides for a report by the Economic Research Service of the U.S. Department of Agriculture that would analyze the impact of the financial health of the farm economy of the United States related to provisions of the Kyoto Protocol, under various conditions such as with and without the participation of developing countries, with or without carbon sinks, etc. (Introduced May 18, 1999. Reported to Senate Sept. 12, 2000, S.Rept. 106-407. Passed Senate Oct. 17, 2000; Cong. Rec. p. S10642-10644.)

S. 1457 (Wyden)
Titled the "Forest Resources for the Environment and the Economy Act," this bill would "amend the Energy Policy Act of 1992 to assess opportunities to increase carbon storage on national forests derived from the public domain and to facilitate voluntary and accurate reporting of forest projects that reduce atmospheric carbon dioxide concentrations, and for other purposes." (Introduced July 29, 1999, and referred to the Committee on Energy and Natural Resources; Hearing held Sept. 30, 1999, S.Hrg. 106-374).

S. 1776 (Craig)
Titled the "Climate Change Energy Policy Response Act," this bill has the stated purposes: "To amend the Energy Policy Act of 1992 to revise the energy policies of the United States in order to reduce greenhouse gas emissions, advance global climate science, promote technology development, and increase citizen awareness, and for other purposes." The bill specifies a large number of areas in which scientific research and assessment are needed, and provides for a coordinating role for the Secretary of Energy for all energy-related activities involving climate change issues, including scientific research and energy technology, with consultation including the National Academy of Sciences, National Academy of Engineering, the National Research Council, and EPA. It would establish a National Resource Center on climate Change to make available required reports on climate change expenditures by the Federal Government, and other information, and would require a study of regulatory barriers to rapid deployment of emission reduction technology. A study on reduction of traffic congestion is also included in the bill's provisions. Among its provisions, the bill would also provide for "Improved and Streamlined Reporting and Certification of Voluntary Measures" for voluntary emission reduction efforts undertaken by the private sector. (Introduced October 23, 1999, and referred to the Committee on Energy and Natural Resources; Hearing held March 30, 2000, S.Hrg. 106-653.)

S. 1777 (Craig)
Titled the "Climate Change Tax Amendments of 1999," this bill would "amend the Internal Revenue Code of 1986 to provide incentives for the voluntary reduction of greenhouse gas emissions and to advance global climate science and technology development." (Introduced October 25, 1999, and referred to the Committee on Finance).

S. 2540 (Brownback)
Titled the "Domestic Carbon Storage Incentive Act of 2000, this bill would amend the Food Security Act of 1985 to require the Secretary of Agriculture, acting through the Chief of the Natural Resources Conservation Service, to establish a carbon sequestration program to permit owners and operators of land to enroll land in the program (excluding conservation reserve land) in order to increase the sequestration of carbon, to establish educational outreach through the Agricultural Extension Service regarding agricultural practices that will increase sequestration of carbon, and for other purposes. (Introduced May 10, 2000, and referred to the Committee on Agriculture, Nutrition, and Forestry.)

S. 2982 (Brownback)
A bill to enhance international conservation, to promote the role of carbon Sequestration as a means of slowing the build-up of greenhouse gases in the atmosphere, and to reward and encourage voluntary environmental efforts on the issue of global climate change. (Introduced July 27, 2000, and referred to the Committee on Finance.)

S.Con.Res. 20 (Domenici)/H.Con.Res.68 (Kasich)
S.Con.Res 20, "An original concurrent resolution setting forth the congressional budget for the United States Government for fiscal years 2000 through 2009," included Section 309, Sense of Congress on Funding for Kyoto Protocol Implementation Prior to Senate Ratification. This section notes that the Administration signed the Kyoto Protocol although it is inconsistent with S.Res. 98, the Byrd-Hagel Resolution. It also states that "Congress agrees that Federal expenditures are required for activities which both improve the environment and reduce carbon dioxide emissions....and other programs justifiable independent of the goals of the Kyoto Protocol." It further states the sense of Congress "that levels in this resolution assume that funds should not be provided to put into effect the Kyoto Protocol prior to its Senate ratification...." (Introduced March 19, 1999). On March 25, the Senate received H.Con.Res.68, substituted the text of S.Con.Res.20, and passed it. On April 14, the conference report was filed, and the House passed it; on April 15, the Senate agreed to the report. Section 329 of the final version of the congressional budget resolution, H.Con.Res. 68, is "Sense of the Senate on funding for Kyoto Protocol Implementation Prior to Senate Ratification," and reads: "It is the sense of the Senate that the levels in this concurrent resolution assume that funds should not be provided to put into effect the Kyoto Protocol prior to its Senate ratification in compliance with the requirements of the Byrd-Hagel Resolution and consistent with previous Administration assurances to Congress."

H.R. 2221 (McIntosh)
"The Small Business, Family Farms, and Constitutional Protection Act"--a bill "To prohibit the use of Federal funds to implement the Kyoto Protocol....until the Senate gives its advice and consent to ratification of the Kyoto Protocol, and to clarify the authority of Federal agencies with respect to the regulation of emissions of carbon dioxide." This bill includes a number of findings that are critical of early action crediting, and others that deny that the Environmental Protection Agency has the authority to regulate carbon dioxide emissions. Section 3 of the bill would prohibit use of federal funds to propose or issue rules, regulations, decrees or orders for programs designed to implement the Kyoto Protocol before the Senate gives its advice and consent to its ratification, and would deny federal authority for any agency to promulgate regulations to limit emissions of carbon dioxide, unless a law is enacted to specifically grant such authority. (Introduced June 15, 1999.)

H.R. 2520 (Lazio)
The "Credit for Voluntary Actions Act" is a bill "To authorize the President to enter into agreements to provide regulatory credit for voluntary early action to mitigate potential environmental impacts from greenhouse gas emissions." This bill, similar to S. 547, includes provisions that would govern the design and implementation of a program of credit for voluntary early action to reduce greenhouse gas emissions. (Introduced July 14, 1999, and referred to the Committee on Commerce; referred to Subcommittee on Energy and Power.)

Appropriations Legislation

As in the 105th Congress, provisions or amendments have been included in several fiscal year 2001 appropriations bills that prohibit actions that would implement the Kyoto Protocol. In most cases, the language is identical to that included in the first session of the 106th Congress in FY 2000 appropriations laws. For example, the Energy and Water Development Appropriations Act (regarding the Department of Energy), and the HUD-VA and Independent Agencies (relating to the Environmental Protection Agency) appropriations acts stated, "None of the funds appropriated by this Act shall be used to propose or issue rules, regulations, decrees, or orders for the purpose of implementation or in preparation for implementation, of the Kyoto Protocol, which was adopted on December 11, 1997, in Kyoto, Japan, ... which has not been submitted to the Senate for advice and consent to ratification....and which has not entered into force pursuant to Article 25 of the Protocol." Similar language specific to the Kyoto Protocol was also included in appropriations bills for Agriculture; Foreign Operations; Commerce, Justice, State; Treasury; the Department of the Interior and related agencies; and in H.R. 4577, the Consolidated Appropriations Bill passed on Dec. 15, 2000. In some cases, additional elements are included in report language, such as a provision in the House report on the agriculture appropriations that directed that the Administration should submit the Kyoto Protocol to the Senate for advice and consent for ratification within three years of the adoption of the legislation.

Page last updated March 8, 2001.

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