II

106TH CONGRESS

1ST SESSION S. 1776

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.

IN THE SENATE OF THE UNITED STATES

OCTOBER 23, 1999

Mr. CRAIG (for himself, Mr. HAGEL, Mr. ROBERTS, Mr. ENZI, and Mr.

GRAMS) introduced the following bill; which was read twice and referred

to the Committee on Energy and Natural Resources

A BILL

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Climate Change Energy Policy Response Act’’.

6 (b) TABLE OF CONTENTS.—The table of contents of

7 this Act follows:
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Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

TITLE I—ENERGY POLICY COORDINATION

Sec. 101. Responsibility of Department of Energy.

TITLE II—ADVANCEMENT OF CLIMATE CHANGE SCIENCE

Sec. 201. Coordination, prioritization, and evaluation of climate change science

research.

TITLE III—COMPREHENSIVE POLICY REVIEW AND ANALYSIS

Sec. 301. Domestic and international assessment of policies for addressing the

effects of greenhouse gas emissions.

TITLE IV—PUBLIC RIGHT TO KNOW

Sec. 401. Annual report to public.

TITLE V—ACCELERATED DEVELOPMENT AND DEPLOYMENT OF

RESPONSE TECHNOLOGY

Sec. 501. Review of federally funded energy technology research and development.

Sec. 502. Study of regulatory barriers to rapid deployment of emission reduction technology.

TITLE VI—INTERNATIONAL DEPLOYMENT OF ENERGY

TECHNOLOGY TO MITIGATE CLIMATE CHANGE

Sec. 601. International deployment of energy technology to mitigate climate

change.

TITLE VII—OPTIMAL OPERATING EFFICIENCY OF

TRANSPORTATION SYSTEMS

Sec. 701. Traffic congestion relief research.

TITLE VIII—VOLUNTARY INITIATIVES

Sec. 801. Improved and streamlined reporting and certification of voluntary

measures.

Sec. 802. Public awareness campaign regarding benefits of certification of voluntary emission reductions.

Sec. 803. State authority to encourage voluntary energy initiatives.

1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) to responsibly address climate change issues

4 requires examination of energy policies and prac5 tices;
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1 (2) global climate change issues have profound

2 scientific, technological, economic, and public policy

3 facets that must be addressed in a comprehensive,

4 integrated fashion;

5 (3) current scientific research, experimentation,

6 and data collection are not adequately focused on

7 answering key questions within the United States or

8 internationally;

9 (4)(A) the lack of a coordinated climate mod10 eling strategy in the United States is hampering

11 progress in high-end climate modeling activities;

12 (B) the United States lacks the capabilities to

13 perform the requisite climate change modeling sim14 ulations and experiments in order to be able to apply

15 existing United States intellectual expertise to im16 portant science and policy questions related to cli17 mate change; and

18 (C) those deficiencies, among others, limit the

19 ability of the United States to—

20 (i) predict future climate characteristics

21 and assess the results of climate change;

22 (ii) formulate policies that are consistent

23 with national objectives; and
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1 (iii) advance most effectively an under2 standing of the underlying scientific issues per3 taining to climate change and variability;

4 (5) there has been a lack of progress made by

5 Federal agencies responsible for climate observation

6 systems, individually and collectively, in developing

7 and maintaining a credible, integrated climate ob8 serving system, consequently limiting the ability of

9 the United States to document and understand cli10 mate change adequately;

11 (6)(A) developing and deploying technologies

12 can speed the transition to a lower level of green13 house gas emissions in the United States and

14 throughout the world;

15 (B) the pace of technological change in the

16 marketplace is difficult to predict accurately; while

17 breakthroughs in such developments are often incre18 mental, capital turnover, consumer acceptance, tech19 nological compatibility, economics, and other factors

20 can alter the pace of such change; and

21 (C) such technologies need to be environ22 mentally sound, safe, cost-effective, and consumer23 friendly;
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1 (7)(A) public access to scientific, economic, and

2 public policy information regarding climate change is

3 severely limited;

4 (B) the public’s right to know and to be fully

5 informed of all aspects of climate change is not

6 being satisfied; and

7 (C) open and balanced discussion leading to

8 public support for the best environmentally and eco9 nomically sound approaches to climate change policy

10 resolution is urgently needed;

11 (8) sufficient scientific questions and public in12 terest exist to warrant tangible encouragement and

13 acknowledgment of responsible actions by private en14 tities to reduce, avoid, or offset greenhouse gas

15 emissions, even though many scientific, techno16 logical, economic, and public policy questions have

17 not yet been resolved;

18 (9) voluntary measures should be encouraged

19 through incentives rather than in anticipation of fu20 ture domestic or international regulatory mandates;

21 and

22 (10) greenhouse gas emission improvements can

23 be achieved through voluntary measures even as we

24 answer yet unresolved key questions about global

25 and regional climates.
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1 SEC. 3. DEFINITIONS.

2 (a) IN GENERAL.—Title XVI of the Energy Policy

3 Act of 1992 is amended by inserting before section 1601

4 (42 U.S.C. 13381) the following:

5 ‘‘SEC. 1600. DEFINITIONS.

6 ‘‘In this title:

7 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis8 trator’ means the Administrator of the Energy In9 formation Administration.

10 ‘‘(2) EMISSION REDUCTION.—The term ‘emis11 sion reduction’ includes—

12 ‘‘(A) avoidance of the emission of a green13 house gas;

14 ‘‘(B) a limitation on the emission of a

15 greenhouse gas;

16 ‘‘(C) sequestration of carbon; and

17 ‘‘(D) mitigation for the emission of a

18 greenhouse gas.

19 ‘‘(3) ENERGY TECHNOLOGY.—The term ‘energy

20 technology’ means—

21 ‘‘(A) a technology to relating to—

22 ‘‘(i) the generation or production (in23 cluding exploration and discovery) of an

24 energy source; or
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1 ‘‘(ii) the transmission, distribution,

2 conservation, or use of energy that could

3 reduce greenhouse gas emissions; and

4 ‘‘(B) a technology relating to carbon se5 questration, including carbon sequestration

6 through crops, soils, forests, oceans, and wet7 lands.

8 ‘‘(4) GREENHOUSE GAS.—The term ‘greenhouse

9 gas’ means a gaseous constituent of the atmosphere,

10 natural or anthropogenic, that absorbs and re-emits

11 infrared radiation.’’.

12 (b) TECHNICAL AMENDMENT.—The table of contents

13 of the Energy Policy Act of 1992 (106 Stat. 2776) is

14 amended by inserting before the item relating to section

15 1601 the following:

‘‘Sec. 1600. Definitions.’’.

16 TITLE I—ENERGY POLICY

17 COORDINATION

18 SEC. 101. RESPONSIBILITY OF DEPARTMENT OF ENERGY.

19 (a) IN GENERAL.—Section 1603 of the Energy Policy

20 Act of 1992 (42 U.S.C. 13383) is amended—

21 (1) by striking ‘‘Within 6 months’’ and insert22 ing the following:

23 ‘‘(a) IN GENERAL.—Within 6 months’’; and

24 (2) by adding at the end the following:
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1 ‘‘(b) ROLE OF SECRETARY.—The Secretary, con2 sistent with other Federal law, shall—

3 ‘‘(1) coordinate all energy-related activities in4 volving climate change issues, including scientific re5 search, energy technology and development, and

6 evaluation of effects and implications on energy use,

7 sources, and related activities of various global cli8 mate change policies described in this title;

9 ‘‘(2) select policies to be assessed under this

10 section and conduct the assessments; and

11 ‘‘(3) ensure that—

12 ‘‘(A) the collection and dissemination of all

13 information developed and disseminated (includ14 ing data and modeling results) relating to cli15 mate change issues described in this title is

16 timely, balanced, accurate, and sound; and

17 ‘‘(B) the information described in subpara18 graph (A) is made available to the public.

19 ‘‘(c) STAFF.—

20 ‘‘(1) STAFF DIRECTOR.—The Secretary of En21 ergy shall designate an appropriate officer of the

22 Department of Energy to function as staff director

23 for the Secretary for functions assigned to the Sec24 retary under this title.

25 ‘‘(2) STAFF SUPPORT.—
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1 ‘‘(A) IN GENERAL.—The Secretary of En2 ergy may request from the Secretary of Agri3 culture, Secretary of Commerce, Secretary of

4 State, and Secretary of Transportation such ad5 ditional staff support as the Secretary may re6 quire to carry out functions under this title.

7 ‘‘(B) PERSONNEL ON DETAIL.—Staff pro8 vided under subparagraph (A) shall serve on

9 detail to the Secretary with the approval of the

10 respective agency heads.

11 ‘‘(C) NO STAFFING INCREASE.—This sub12 section and the other amendments made to this

13 title by the Climate Change Energy Policy Re14 sponse Act shall not serve to authorize an in15 crease in staffing authority for the Secretary or

16 any such agency head.

17 ‘‘(d) CONSULTATION WITH NAS, NAE, NRC, AND

18 EPA.—The Secretary shall consult, as appropriate,

19 with—

20 ‘‘(1) the National Academy of Sciences and Na21 tional Academy of Engineering;

22 ‘‘(2) the National Research Council; and

23 ‘‘(3) the Environmental Protection Agency.’’.

24 (b) TECHNICAL AMENDMENTS.—
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1 (1) The section heading for section 1603 of the

2 Energy Policy Act of 1992 is amended by striking

3 ‘‘DIRECTOR OF’’ and inserting ‘‘COORDINATION

4 OF’’.

5 (2) The item in the table of contents for the

6 Energy Policy Act of 1992 (42 U.S.C. 13381 et

7 seq.) is amended by striking ‘‘Director of’’ and in8 serting ‘‘Coordination of’’.

9 TITLE II—ADVANCEMENT OF

10 CLIMATE CHANGE SCIENCE

11 SEC. 201. COORDINATION, PRIORITIZATION, AND EVALUA12 TION OF CLIMATE CHANGE SCIENCE RE13 SEARCH.

14 (a) IN GENERAL.—Title XVI of the Energy Policy

15 Act of 1992 (42 U.S.C. 13381 et seq.) is amended by

16 striking section 1604 and inserting the following:

17 ‘‘SEC. 1604. COORDINATION, PRIORITIZATION, AND EVALUA18 TION OF CLIMATE CHANGE SCIENCE RE19 SEARCH.

20 ‘‘(a) IN GENERAL.—The Secretary, with the advice

21 and assistance of the National Academy of Sciences and

22 the National Academy of Engineering, shall coordinate,

23 prioritize, and evaluate the Federally funded research con24 ducted by or through Federal agencies that, in whole or

25 in part, involves climate change science.
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1 ‘‘(b) RECOMMENDATIONS TO CARRY OUT RE2 SEARCH.—The Secretary shall annually request from the

3 National Research Council recommendations of measures

4 to effectively carry out all scientific research performed

5 under this title, including strengthening of peer review

6 processes and grantmaking procedures.

7 ‘‘(c) PLAN FOR COORDINATION.—

8 ‘‘(1) IN GENERAL.—Not later than 180 days

9 after the date of enactment of the Climate Change

10 Energy Policy Response Act, the Secretary shall

11 submit to Congress recommendations for legislative

12 and administrative measures to effectively carry out

13 research and public information programs under this

14 title.

15 ‘‘(2) SUBJECTS.—Recommendations under

16 paragraph (1) shall include recommendations to im17 prove peer review processes and grantmaking proce18 dures.

19 ‘‘(d) OBJECTIVES OF FEDERAL CLIMATE CHANGE

20 SCIENCE RESEARCH.—

21 ‘‘(1) IN GENERAL.—All climate change science

22 research performed under this title—

23 ‘‘(A) in the aggregate, shall adequately ad24 dress the objectives stated in paragraph (2);

25 and
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1 ‘‘(B) individually, shall, to the extent prac2 ticable, incorporate a focus on those objectives,

3 as appropriate.

4 ‘‘(2) OBJECTIVES.—The objectives referred to

5 in paragraph (1) are the objectives of—

6 ‘‘(A) understanding the Earth’s capacity to

7 assimilate natural and manmade greenhouse

8 gas emissions;

9 ‘‘(B) evaluating the natural variability of

10 the climate, including such phenomena as El

Nin ̃ 11 o;

12 ‘‘(C)(i) developing, and assessing the capa13 bilities of, climate models; and

14 ‘‘(ii) facilitating future climate assessments

15 and our understanding and predictions of cli16 mate through formulation of a national state17 ment of goals and objectives, followed by appro18 priate development of a national climate mod19 eling strategy that—

20 ‘‘(I) includes the provision of adequate

21 computational resources to enhance super22 computing capabilities and the provision of

23 adequate human resources; and

24 ‘‘(II) is integrated and coordinated

25 across the relevant agencies;
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1 ‘‘(D) ensuring the integrity of all observa2 tional data used to validate models;

3 ‘‘(E) stabilizing the existing climate obser4 vational capability;

5 ‘‘(F) identifying critical climate variables

6 that are inadequately measured or not meas7 ured at all;

8 ‘‘(G) building climate observing require9 ments into existing, ongoing operational pro10 grams;

11 ‘‘(H) revamping climate research programs

12 and appropriate climate-critical parts of oper13 ational observing programs so as to produce

14 truly useful long-term climate data;

15 ‘‘(I) establishing a funded activity for the

16 development, implementation, and operation of

17 climate-specific observational programs;

18 ‘‘(J) assessing the capability and potential

19 of the United States and North American car20 bon sequestration, including carbon sequestra21 tion through crops, forests, soils, oceans, and

22 wetlands; and

23 ‘‘(K) developing and deploying the tech24 nology to monitor all relevant national and

25 global data.
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1 ‘‘(e) REPORTS.—

2 ‘‘(1) IN GENERAL.—Not later than October 1 of

3 each year, the Secretary shall submit to Congress

4 and the President a report on the activities carried

5 out under this section.

6 ‘‘(2) CONTENTS.—The report under paragraph

7 (1) shall contain any scientific conclusions, interim

8 status reports, and recommendations for subsequent

9 research and testing that the Secretary considers ap10 propriate.

11 ‘‘(3) DRAFT REPORT.—A report under para12 graph (1) shall be made available in draft form not

13 later than August 1 of each year to appropriate non14 governmental organizations with applicable scientific

15 expertise for review before final publication.

16 ‘‘(4) PUBLIC AVAILABILITY.—Each report

17 under paragraph (1) shall be made public, including

18 through the National Resource Center on Climate

19 Change established under section 1612.

20 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS FOR CER21 TAIN CLIMATE CHANGE RESEARCH.—For each of fiscal

22 years 2001 through 2004, there are authorized to be ap23 propriated to the Secretary such sums as are necessary

24 for—
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1 ‘‘(1) research to assess the ability of natural

2 carbon sinks to adjust to natural variations in cli3 mate and greenhouse gas emissions including crops,

4 grassland, forests, soils, and oceans;

5 ‘‘(2) research on natural climate variability;

6 ‘‘(3) research to develop and assess the capa7 bilities of climate models;

8 ‘‘(4) research to ensure the integrity of data

9 used to validate climate models;

10 ‘‘(5) research to develop carbon sinks in the

11 United States, primarily crop and forestry research;

12 and

13 ‘‘(6) research to develop and deploy monitoring

14 technology.’’.

15 (b) TECHNICAL AMENDMENT.—The table of contents

16 of the Energy Policy Act of 1992 (106 Stat. 2776) is

17 amended by striking the item relating to section 1604 and

18 inserting the following:

‘‘Sec. 1604. Coordination, prioritization, and evaluation of climate change

science research.’’.
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1 TITLE III—COMPREHENSIVE

2 POLICY REVIEW AND ANALYSIS

3 SEC. 301. DOMESTIC AND INTERNATIONAL ASSESSMENT OF

4 POLICIES FOR ADDRESSING THE EFFECTS OF

5 GREENHOUSE GAS EMISSIONS.

6 (a) IN GENERAL.—Title XVI of the Energy Policy

7 Act of 1992 (42 U.S.C. 13381 et seq.) is amended by in8 serting after section 1604 the following:

9 ‘‘SEC. 1604A. ASSESSMENT OF ALTERNATIVE ENERGY-RE10 LATED POLICIES FOR ADDRESSING GREEN11 HOUSE GAS EMISSIONS.

12 ‘‘(a) EVALUATION AND COMPREHENSIVE REPORT.—

13 ‘‘(1) DEFINITION OF ECONOMIC INDICATOR.—

14 In this subsection, the term ‘economic indicator’

15 means—

16 ‘‘(A) the rate of inflation;

17 ‘‘(B) the rate of change in the gross do18 mestic product;

19 ‘‘(C) the unemployment rate;

20 ‘‘(D) interest rates; and

21 ‘‘(E) the price and supply availability of

22 fossil fuels (by category and source).

23 ‘‘(2) REPORTS BY SECRETARY.—

24 ‘‘(A) IN GENERAL.—Not later than 2 years

25 after the date of enactment of the Climate
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1 Change Energy Policy Response Act and bian2 nually thereafter, the Secretary, after consulta3 tion with each department referred to in para4 graphs (3) through (10) and the United States

5 Trade Representative, shall submit to Congress

6 and to the President a report containing a crit7 ical analysis and assessment of energy-related

8 policies for responding to potential global cli9 mate change (including a comparative assess10 ment of the policies).

11 ‘‘(B) DESIGNATED POLICIES.—The Sec12 retary shall select at least 3 energy-related poli13 cies for assessment under subparagraph (A).

14 ‘‘(C) SHORT-TERM AND LONG-TERM AS15 SESSMENTS.—The assessments shall be for the

16 short term (within 5 years following the date of

17 the report) and the long term (within 50 years

18 following the date of the report).

19 ‘‘(3) ENERGY SUPPLY AND DEMAND.—

20 ‘‘(A) IN GENERAL.—The Secretary shall

21 analyze and assess the energy supply, demand,

22 and price implications for each energy-related

23 policy referred to in paragraph (2)(A).

24 ‘‘(B) ACCOUNTING FOR VARIOUS SCE25 NARIOS.—Each assessment described in sub-
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1 paragraph (A) shall address any energy implica2 tions under various scenarios, including changes

3 in economic indicators.

4 ‘‘(C) INITIAL DRAFT.—The Energy Infor5 mation Administration shall—

6 ‘‘(i) prepare the initial draft of each

7 report required under this paragraph; and

8 ‘‘(ii) make a copy of the initial draft

9 available to the public.

10 ‘‘(4) AGRICULTURE.—

11 ‘‘(A) IN GENERAL.—After opportunity for

12 consultation with the Department of Agri13 culture, each report by the Secretary shall ana14 lyze and assess the agricultural production cost

15 and market implications of each energy-related

16 policy referred to in paragraph (2)(A), includ17 ing the overall impact of the policy on rural

18 economies.

19 ‘‘(B) ACCOUNTING FOR VARIOUS SCE20 NARIOS.—Each assessment described in sub21 paragraph (A) shall address any agricultural

22 implications under various scenarios, changes in

23 economic indicators, and in livestock and com24 modity prices.

25 ‘‘(5) HEALTH.—
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1 ‘‘(A) IN GENERAL.—After opportunity for

2 consultation with the Department of Health

3 and Human Services, each report by the Sec4 retary shall analyze and assess the health impli5 cations of each energy-related policy referred to

6 in paragraph (2)(A).

7 ‘‘(B) ACCOUNTING FOR VARIOUS SCE8 NARIOS.—Each assessment described in sub9 paragraph (A) shall address any health implica10 tions under various scenarios, including changes

11 in economic indicators.

12 ‘‘(6) LABOR.—

13 ‘‘(A) IN GENERAL.—After opportunity for

14 consultation with the Department of Labor,

15 each report by the Secretary shall analyze and

16 assess the implications of each policy referred

17 to in paragraph (2)(A) on—

18 ‘‘(i) workers, including wages, job op19 portunities, and the comparative

20 attractiveness, if any, of locating oper21 ations of United States companies abroad;

22 and

23 ‘‘(ii) consumers, in terms of projected

24 impacts, if any, on the Consumer Price

25 Index.
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1 ‘‘(B) ACCOUNTING FOR VARIOUS SCE2 NARIOS.—Each assessment described in sub3 paragraph (A) shall account for implications

4 under various scenarios, including changes in

5 economic indicators.

6 ‘‘(7) TRANSPORTATION.—

7 ‘‘(A) IN GENERAL.—After opportunity for

8 consultation with the Department of Transpor9 tation, each report by the Secretary shall ana10 lyze and assess the impacts, if any, of each pol11 icy described in paragraph (2)(A) on all modes

12 of transportation, and the resulting economic

13 effects of such cost changes on consumers,

14 labor, agricultural enterprises, and businesses

15 (including specifically domestic consumers and

16 businesses that are dependent on transpor17 tation).

18 ‘‘(B) ACCOUNTING FOR VARIOUS SCE19 NARIOS.—Each assessment described in sub20 paragraph (A) shall address any transportation

21 implications under various scenarios, including,

22 in the case of motor vehicles, technological

23 changes in vehicle design and traffic constraint

24 mitigation.
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1 ‘‘(C) CONSIDERATIONS.—Each assessment

2 described in subparagraph (A) shall consider

3 such factors as—

4 ‘‘(i) vehicle miles traveled;

5 ‘‘(ii) the availability of adequate and

6 reliable public transportation within and

7 between cities, States, and regions;

8 ‘‘(iii) the commercial use of trucks

9 and other highway motor vehicles for

10 transporting goods and passengers and de11 livering services;

12 ‘‘(iv) the geographic size and popu13 lation of the United States relative to those

14 of other developed countries;

15 ‘‘(v) safety;

16 ‘‘(vi) environmental laws;

17 ‘‘(vii) fuel prices;

18 ‘‘(viii) energy conservation; and

19 ‘‘(ix) changes in economic indicators.

20 ‘‘(8) HOUSING AND URBAN PLANNING.—

21 ‘‘(A) IN GENERAL.—After opportunity for

22 consultation with the Department of Housing

23 and Urban Development, each report by the

24 Secretary shall analyze and assess the implica-
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1 tions of each policy described in paragraph

2 (2)(A) on housing costs and urban planning.

3 ‘‘(B) ACCOUNTING FOR VARIOUS SCE4 NARIOS.—Each assessment described in sub5 paragraph (A) shall address any housing and

6 urban planning implications under various sce7 narios, including variations in mortgage and

8 construction interest rates and changes in eco9 nomic indicators.

10 ‘‘(9) INTERNATIONAL COMMERCE.—

11 ‘‘(A) IN GENERAL.—After opportunity for

12 consultation with the Secretary of Commerce

13 and the United States Trade Representative,

14 each report by the Secretary shall analyze and

15 assess the implications of each policy described

16 in paragraph (2)(A) on United States exports

17 and imports and trade competitiveness.

18 ‘‘(B) ACCOUNTING FOR VARIOUS SCE19 NARIOS.—Each assessment described in sub20 paragraph (A) shall address any international

21 commerce implications under different sce22 narios, including changes in economic indica23 tors.

24 ‘‘(10) ACTIONS BY OTHER NATIONS.—
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1 ‘‘(A) IN GENERAL.—Each report by the

2 Secretary shall analyze and assess the actions

3 taken, or likely to be taken, and the net aggre4 gate effect of such actions, by each United Na5 tions member country to avoid, reduce, or adapt

6 to potential global climate change.

7 ‘‘(B) CONSULTATION.—Each report shall

8 be prepared in accordance with otherwise appli9 cable laws (including regulations) after oppor10 tunity for consultation with the Central Intel11 ligence Agency, the National Security Agency,

12 and the Department of State.

13 ‘‘(C) ANALYSIS OF POLITICAL AND ECO14 NOMIC FACTORS.—

15 ‘‘(i) IN GENERAL.—Each assessment

16 described in subparagraph (A) shall ana17 lyze the political and economic factors

18 present in each country that form the basis

19 for the assessment.

20 ‘‘(ii) MATTERS TO BE ADDRESSED.—

21 Each assessment shall specifically

22 address—

23 ‘‘(I) the status of the commit24 ment of each country to any inter25 national agreements, treaties, or pro-
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1 tocols related to potential global cli2 mate change; and

3 ‘‘(II) the projected ability of each

4 country to commit to, and the likeli5 hood of each country’s committing to,

6 specific quantifiable targets to reduce,

7 within specified timeframes, green8 house gas emissions under a legally

9 binding international agreement.

10 ‘‘(11) REPORTING FLEXIBILITY.—For biannual

11 reports under this subsection, the Secretary may—

12 ‘‘(A) submit individual reports with respect

13 to each paragraph under this subsection; or

14 ‘‘(B) submit a combination of 1 or more

15 biannual reports, but only if submitting a com16 bination of reports would facilitate public un17 derstanding in a timely manner.

18 ‘‘(b) COMPREHENSIVE POLICY REPORTS.—

19 ‘‘(1) IN GENERAL.—Not later than 30 months

20 after the date of enactment of the Climate Change

21 Energy Policy Response Act, and biannually there22 after, the President, with the advice and assistance

23 of the Secretary, shall submit to Congress a report

24 analyzing and integrating the combined findings of

25 the reports required under subsection (a).
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1 ‘‘(2) CONTENTS.—Each report under para2 graph (1) shall include recommendations of any

3 changes in law, international agreements, or public

4 policy that the President considers to be in the best

5 interests of the United States.

6 ‘‘(c) NATIONAL ACADEMY OF SCIENCES; NATIONAL

7 ACADEMY OF ENGINEERING.—

8 ‘‘(1) IN GENERAL.—Not later than 30 days

9 after the date of enactment of the Climate Change

10 Energy Policy Response Act, the Secretary shall re11 quest that, not later than 2 years after the date of

12 enactment of that Act and biannually thereafter, the

13 National Academy of Sciences and the National

14 Academy of Engineering (acting through the Na15 tional Research Council) submit to Congress and to

16 the Secretary (for inclusion in the review and report

17 under subsection (c)) a report containing a compara18 tive assessment of each policy assessed under sub19 section (b), including the known scientific effect of

20 each mechanism on global climate change and the

21 effect of each mechanism on the technology develop22 ment and selection.

23 ‘‘(2) SHORT-TERM AND LONG-TERM ASSESS24 MENTS.—An assessment under paragraph (1) shall
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1 be for the short term (the following 5-year period)

2 and for the long term (the following 50-year period).

3 ‘‘(d) REPORT ON ACTIONS UNDER EPA JURISDIC4 TION.—

5 ‘‘(1) IN GENERAL.—Not later than 2 years

6 after the date of enactment of the Climate Change

7 Energy Policy Response Act, and biannually there8 after, based on consultations with the Administrator

9 of the Environmental Protection Agency, the Sec10 retary shall submit to Congress and the President a

11 report describing the energy supply and demand im12 plications of all activities carried out by the Agency

13 that have a coincidental effect on actions by the pri14 vate sector that affect greenhouse gas emissions.

15 ‘‘(2) PUBLIC CONSULTATION.—In preparing a

16 report under paragraph (1), the Secretary shall con17 sult with—

18 ‘‘(A) persons in the private sector that are

19 regulated by the Administrator; and

20 ‘‘(B) persons in the public sector.

21 ‘‘(e) SUSPENSION OF REPORTS.—After a second re22 port is made under this section, the Secretary may sus23 pend any reporting requirement under subsection (a) for

24 a period of not more than 4 years if the Secretary deter25 mines that additional responses to that requirement would
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1 not be likely to provide information that substantially sup2 plements the earlier reports.’’.

3 (b) TECHNICAL AMENDMENT.—The table of contents

4 of the Energy Policy Act of 1992 (106 Stat. 2776) is

5 amended by inserting after the item relating to section

6 1604 the following:

‘‘Sec. 1604A. Assessment of alternative policies for addressing greenhouse gas

emissions.’’.

7 TITLE IV—PUBLIC RIGHT TO

8 KNOW

9 SEC. 401. ANNUAL REPORT TO PUBLIC.

10 (a) IN GENERAL.—Title XVI of the Energy Policy

11 Act of 1992 (42 U.S.C. 13381 et seq.) is amended by add12 ing at the end the following:

13 ‘‘SEC. 1610. ANNUAL REPORT TO PUBLIC.

14 ‘‘(a) REPORT.—The Secretary, at the time the Presi15 dent submits to Congress the budget of the United States

16 Government under section 1105 of title 31, United States

17 Code, shall publish a detailed report that includes, to the

18 maximum extent practicable—

19 ‘‘(1) a description of all current fiscal year and

20 prior fiscal year Federal spending on climate change,

21 categorized by research, regulation, education, and

22 other activities;

23 ‘‘(2) an estimate of the prior year and current

24 amount of any Federal tax credits or other Federal
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1 tax deductions claimed by taxpayers directly attrib2 utable to emission reduction activities;

3 ‘‘(3) a compendium of all proposed Federal

4 spending related to climate change categorized by re5 search, regulation, education, and other activities;

6 ‘‘(4) tables detailing all spending recommenda7 tions on climate change submitted by Federal agen8 cies to the Office of Management and Budget, com9 pared with the final recommendations of the Presi10 dent;

11 ‘‘(5) an alphabetical index of all climate change

12 grantees, cross-referenced by name of institution and

13 persons carrying out the grant project;

14 ‘‘(6) an index of all climate change grant pro15 posals not funded by Federal agencies; and

16 ‘‘(7) a list of all persons, and their institutional

17 affiliations, participating in peer review of climate

18 change grant proposals submitted to Federal agen19 cies.

20 ‘‘(b) AVAILABILITY OF REPORTS.—A report under

21 subsection (a) shall be—

22 ‘‘(1) printed on recycled paper;

23 ‘‘(2) made available to the public; and

24 ‘‘(3) posted on the Internet.
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1 ‘‘SEC. 1611. PUBLIC COMMENT.

2 ‘‘In the case of any report under this title that is to

3 be published, the Secretary shall—

4 ‘‘(1) provide to the public notice and oppor5 tunity to comment on the contents or quality of the

6 report before it is published; and

7 ‘‘(2) receive, catalogue, and make readily avail8 able to the public all written public comments on re9 ports covered by this section, except that lengthy

10 compilations of public comments may be published

11 in electronic format only.

12 ‘‘SEC. 1612. NATIONAL RESOURCE CENTER ON CLIMATE

13 CHANGE.

14 ‘‘(a) IN GENERAL.—The Secretary, in consultation

15 with the National Academy of Sciences, shall maintain a

16 National Resource Center on Climate Change (referred to

17 in this section as the ‘Center’).

18 ‘‘(b) FUNCTIONS.—

19 ‘‘(1) IN GENERAL.—The Center shall preserve

20 and make available to the public all reports, studies,

21 or other information relating to climate change pro22 vided for in this title, provided for in the Climate

23 Change Energy Policy Response Act, or otherwise

24 available to the Federal Government.
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1 ‘‘(2) REFERENCE ITEMS.—Except as otherwise

2 provided in this title, reference items may be made

3 available in electronic format only.

4 ‘‘(c) RELATIONSHIP TO OTHER LAW.—Nothing in

5 this section alters or amends otherwise applicable law re6 stricting public access to information, including laws pro7 tecting national defense secrets, intellectual property

8 rights, and privacy rights.’’.

9 (b) TECHNICAL AMENDMENT.—The table of contents

10 of the Energy Policy Act of 1992 (106 Stat. 2776) is

11 amended by inserting after the item relating to section

12 1609 the following:

‘‘Sec. 1610. Annual report to public.

‘‘Sec. 1611. Public comment.

‘‘Sec. 1612. National Resource Center on Climate Change.’’.

13 TITLE V—ACCELERATED DEVEL14 OPMENT AND DEPLOYMENT

15 OF RESPONSE TECHNOLOGY

16 SEC. 501. REVIEW OF FEDERALLY FUNDED ENERGY TECH17 NOLOGY RESEARCH AND DEVELOPMENT.

18 (a) IN GENERAL.—Title XVI of the Energy Policy

19 Act of 1992 (42 U.S.C. 13381 et seq.) (as amended by

20 section 401(a)) is amended by adding at the end the fol21 lowing:
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1 ‘‘SEC. 1613. REVIEW OF FEDERALLY FUNDED ENERGY

2 TECHNOLOGY RESEARCH AND DEVELOP3 MENT.

4 ‘‘(a) DEPARTMENT OF ENERGY REVIEW OF FEDER5 ALLY FUNDED ENERGY TECHNOLOGY RESEARCH AND

6 DEVELOPMENT.—

7 ‘‘(1) IN GENERAL.—The Secretary shall—

8 ‘‘(A) review annually any federally funded

9 research and development activities carried out

10 on energy technology; and

11 ‘‘(B) issue a public report by October 15

12 of each year on the results of the review for

13 consideration and use in the preparation of the

14 budget of the United States Government sub15 mitted under section 1105 of title 31, United

16 States Code, for the following fiscal year.

17 ‘‘(2) ASSESSMENT OF TECHNOLOGY READI18 NESS.—As part of the review of an energy tech19 nology, the Secretary shall—

20 ‘‘(A) assess the status (including the po21 tential commercialization) of the technology and

22 any barriers to the deployment of the energy

23 technology; and

24 ‘‘(B) consider—

25 ‘‘(i) the length of time it will take for

26 deployment and use of the energy tech-
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•S 1776 IS

1 nology so as to have a meaningful impact

2 on emission reductions;

3 ‘‘(ii) the cost of deploying the energy

4 technology;

5 ‘‘(iii) the safety of the energy tech6 nology; and

7 ‘‘(iv) other relevant factors.

8 ‘‘(b) ENERGY TECHNOLOGY RESEARCH AND DEVEL9 OPMENT CLEARINGHOUSE.—

10 ‘‘(1) IN GENERAL.—The Secretary shall estab11 lish, in the National Resource Center on Climate

12 Change established under section 1614 or by such

13 other means as the Secretary considers appropriate,

14 an information clearinghouse to facilitate the trans15 fer and dissemination of the results of federally

16 funded research and development activities being

17 carried out on energy technology.

18 ‘‘(2) NO EFFECT ON RESTRICTIONS OR SAFE19 GUARDS.—Paragraph (1) has no effect on any re20 strictions or safeguards established for national se21 curity or the protection of personal property rights

22 (including trade secrets and confidential business in23 formation).

24 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS FOR

25 JOINT FEDERAL/PRIVATE DEMONSTRATION PRO-
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1 GRAMS.—There are authorized to be appropriated to the

2 Secretary for each of fiscal years 2001 through 2004 such

3 sums as are necessary for programs for the demonstration

4 of innovative energy sequestration technologies described

5 in section 1600(3)(B) to be conducted jointly by the Fed6 eral Government and private nonprofit or for-profit enti7 ties.’’.

8 (b) TECHNICAL AMENDMENT.—The table of contents

9 of the Energy Policy Act of 1992 (106 Stat. 2776) (as

10 amended by section 401(b)) is amended by inserting after

11 the item relating to section 1612 the following:

‘‘Sec. 1613. Review of federally funded energy technology research and development.’’.

12 SEC. 502. STUDY OF REGULATORY BARRIERS TO RAPID DE13 PLOYMENT OF EMISSION REDUCTION TECH14 NOLOGY.

15 Not later than 270 days after the date of enactment

16 of this Act, the Comptroller General of the United States

17 (in consultation with the Secretary of Commerce and the

18 United States Trade Representative) shall—

19 (1) identify and evaluate regulatory barriers to

20 the more rapid deployment of technology domesti21 cally and internationally for greenhouse gas emission

22 reductions (within the meaning of section 1600 of

23 the Energy Policy Act of 1992, as added by section

24 3);
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1 (2) recommend to Congress changes in law that

2 would permit more rapid deployment of such tech3 nologies; and

4 (3) make such other recommendations as the

5 Comptroller General of the United States considers

6 to be appropriate.

7 TITLE VI—INTERNATIONAL DE8 PLOYMENT OF ENERGY TECH9 NOLOGY TO MITIGATE CLI10 MATE CHANGE

11 SEC. 601. INTERNATIONAL DEPLOYMENT OF ENERGY TECH12 NOLOGY TO MITIGATE CLIMATE CHANGE.

13 Section 1608 of the Energy Policy Act of 1992 (42

14 U.S.C. 13386) is amended by striking subsection (l) and

15 inserting the following:

16 ‘‘(l) INTERNATIONAL DEPLOYMENT OF ENERGY

17 TECHNOLOGY TO MITIGATE CLIMATE CHANGE.—

18 ‘‘(1) DEFINITIONS.—In this subsection:

19 ‘‘(A) ENERGY EFFICIENCY.—The term ‘en20 ergy efficiency’ means the ratio of the design

21 average annual energy output of a unit of an

22 energy production facility (determined without

23 regard to any cogeneration of steam) to the de24 sign average annual heat input of the unit
35

•S 1776 IS

1 (based on the highest heating value of the fuel

2 used by the unit).

3 ‘‘(B) INTERNATIONAL ENERGY DEPLOY4 MENT PROJECT.—The term ‘international en5 ergy deployment project’ means a project to

6 construct a unit of an energy production facility

7 outside the United States—

8 ‘‘(i) the output of which will be con9 sumed outside the United States; and

10 ‘‘(ii) the deployment of which will re11 sult in greenhouse gas reduction when

12 compared to the technology that would

13 otherwise be implemented through an in14 crease in energy efficiency of—

15 ‘‘(I) 5 percentage points or more,

16 in the case of a unit placed in service

17 before January 1, 2010;

18 ‘‘(II) 7 percentage points or

19 more, in the case of a unit placed in

20 service after December 31, 2009, and

21 before January 1, 2020; or

22 ‘‘(III) 10 percentage points or

23 more, in the case of a unit placed in

24 service after December 31, 2019, and

25 before January 1, 2030.
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1 ‘‘(C) QUALIFYING INTERNATIONAL EN2 ERGY DEPLOYMENT PROJECT.—The term

3 ‘qualifying international energy deployment

4 project’ means an international energy deploy5 ment that—

6 ‘‘(i) is submitted by a United States

7 firm to the Secretary in accordance with

8 procedures established by the Secretary by

9 regulation;

10 ‘‘(ii) uses technology that has been

11 successfully developed or deployed in the

12 United States;

13 ‘‘(iii) meets the criteria of subsection

14 (k);

15 ‘‘(iv) is approved by the Secretary,

16 with notice of the approval being published

17 in the Federal Register; and

18 ‘‘(v) complies with such terms and

19 conditions as the Secretary establishes by

20 regulation.

21 ‘‘(D) UNITED STATES.—The term ‘United

22 States’, when used in a geographical sense,

23 means the 50 States, the District of Columbia,

24 and territories and possessions of the United

25 States.
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1 ‘‘(2) PILOT PROGRAM FOR FINANCIAL ASSIST2 ANCE.—

3 ‘‘(A) IN GENERAL.—Not later than 180

4 days after the date of enactment of the Climate

5 Change Energy Policy Response Act, the Sec6 retary shall by regulation provide for a pilot

7 program for financial assistance for qualifying

8 international energy deployment projects.

9 ‘‘(B) LIMITATION.—The pilot program

10 shall provide financial assistance, subject to the

11 availability of appropriations, for not more than

12 6 qualifying international energy deployment

13 projects.

14 ‘‘(C) SELECTION CRITERIA.—After con15 sultation with the Secretary of State, the Sec16 retary of Commerce, and the United States

17 Trade Representative, the Secretary shall select

18 projects for participation in the program based

19 solely on the criteria under this title and with20 out regard to the country in which the project

21 is located.

22 ‘‘(D) FINANCIAL ASSISTANCE.—

23 ‘‘(i) IN GENERAL.—A United States

24 firm that undertakes a qualifying inter25 national energy deployment project selected
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•S 1776 IS

1 to participate in the pilot program shall be

2 eligible to receive a loan or a loan guar3 antee from the Secretary.

4 ‘‘(ii) TIMING.—The Secretary may

5 enter into a commitment to make a loan or

6 loan guarantee before the United States

7 firm decides on a binding contract for the

8 construction of a qualifying international

9 energy deployment project.

10 ‘‘(iii) RATE OF INTEREST.—The rate

11 of interest of any loan made under clause

12 (i) shall be equal to the rate for Treasury

13 obligations then issued for periods of com14 parable maturities.

15 ‘‘(iv) AMOUNT.—The amount of a

16 loan or loan guarantee under clause (i)

17 shall not exceed 75 percent of the total

18 cost of the qualified international energy

19 deployment project.

20 ‘‘(E) COORDINATION WITH OTHER PRO21 GRAMS.—A qualifying international energy de22 ployment project funded under this section shall

23 not be eligible as a qualifying clean coal tech24 nology under section 415 of the Clean Air Act

25 (42 U.S.C. 7651n).
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1 ‘‘(F) REPORT.—Not later than 4 years

2 after the date of enactment of the Climate

3 Change Energy Policy Response Act, the Sec4 retary shall submit to the President a report on

5 the results of the pilot projects.

6 ‘‘(G) RECOMMENDATION.—Not later than

7 60 days after receiving the report under sub8 paragraph (F), the President shall submit to

9 Congress a recommendation, based on the re10 sults of the pilot projects as reported by the

11 Secretary of Energy, concerning whether the fi12 nancial assistance program under this section

13 should be continued, expanded, reduced, or

14 eliminated.

15 ‘‘(H) AUTHORIZATION OF APPROPRIA16 TIONS.—There are authorized to be appro17 priated to carry out this subsection such sums

18 as are necessary for fiscal years 2001 through

19 2004.’’.

20 TITLE VII—OPTIMAL OPERATING

21 EFFICIENCY OF TRANSPOR22 TATION SYSTEMS

23 SEC. 701. TRAFFIC CONGESTION RELIEF RESEARCH.

24 Section 502 of title 23, United States Code, is

25 amended by adding at the end the following:
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•S 1776 IS

1 ‘‘(h) TRAFFIC CONGESTION RELIEF RESEARCH.—

2 ‘‘(1) STUDIES.—

3 ‘‘(A) REGIONAL APPROACHES FOR REDUC4 ING TRAFFIC CONGESTION.—

5 ‘‘(i) IN GENERAL.—The Secretary

6 shall enter into an arrangement with the

7 National Academy of Sciences to conduct a

8 study, and prepare a report comparing, the

9 effectiveness of various regional approaches

10 for reducing traffic congestion.

11 ‘‘(ii) REQUIRED ASSESSMENTS.—At a

12 minimum, the study shall assess the im13 pact on traffic congestion of—

14 ‘‘(I) expansion of highway capac15 ity;

16 ‘‘(II) improvement of traffic op17 erations (including improved incident

18 management associated with traffic

19 accidents and vehicle breakdowns);

20 and

21 ‘‘(III) programs for demand

22 management.

23 ‘‘(B) HIGHWAY DESIGN CONCEPTS.—

24 ‘‘(i) IN GENERAL.—The Secretary

25 shall fund a study analyzing, and prepara-
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1 tion of a report concerning, highway design

2 concepts for projects to relieve congestion

3 in urban areas without acquisition of addi4 tional rights-of-way.

5 ‘‘(ii) ENTITY TO CARRY OUT STUDY.—

6 The study may be carried out and the re7 port prepared—

8 ‘‘(I) by the Department of Trans9 portation;

10 ‘‘(II) by another entity, through

11 an arrangement with the Secretary; or

12 ‘‘(III) by a combination of the

13 entities described in subclauses (I)

14 and (II).

15 ‘‘(2) FEDERAL SHARE.—The Federal share of

16 the cost of the studies required under paragraph (1)

17 shall be 100 percent.

18 ‘‘(3) FUNDING.—

19 ‘‘(A) IN GENERAL.—Notwithstanding any

20 other provision of law, for each of fiscal years

21 2000 through 2002, $1,000,000 of the sum de22 ducted by the Secretary under section 104(a)

23 shall be made available to carry out the studies

24 required under paragraph (1).
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1 ‘‘(B) ALLOCATION OF FUNDS.—Funds

2 made available under subparagraph (A) shall be

3 allocated among the 2 studies at the discretion

4 of the Secretary, except that each study shall be

5 allocated funds sufficient to allow for comple6 tion of the study.’’.

7 TITLE VIII—VOLUNTARY

8 INITIATIVES

9 SEC. 801. IMPROVED AND STREAMLINED REPORTING AND

10 CERTIFICATION OF VOLUNTARY MEASURES.

11 (a) REVISED GUIDELINES UNDER ENERGY POLICY

12 ACT OF 1992.—Section 1605(b) of the Energy Policy Act

13 of 1992 (42 U.S.C. 13385(b)) is amended—

14 (1) by redesignating paragraphs (2) through

15 (4) as paragraphs (3) through (5), respectively; and

16 (2) by inserting after paragraph (1) the fol17 lowing:

18 ‘‘(2) REVISED GUIDELINES.—

19 ‘‘(A) IN GENERAL.—Not later than 1 year

20 after the date of enactment of the Climate

21 Change Energy Policy Response Act, the Sec22 retary shall revise the guidelines, after notice

23 and opportunity for public comment, to reflect

24 the amendments to this title made by that Act.

25 Thereafter, the Secretary shall review and re-
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1 vise the guidelines every 5 years, after notice

2 and opportunity for public comment.

3 ‘‘(B) CONTENTS.—The revised guidelines

4 shall—

5 ‘‘(i) provide for a random or other

6 verification process using the authorities

7 available to the Secretary under other pro8 visions of law;

9 ‘‘(ii) include a range of reference

10 cases for reporting project-based activities

11 in all appropriate sectors of the economy

12 (including forestry and electric power gen13 eration); and

14 ‘‘(iii) address the issues, such as com15 parability, that are associated with permit16 ting the option of reporting on an entity

17 basis or on an activity or project basis.

18 ‘‘(C) RETENTION OF VOLUNTARY REPORT19 ING.—Any review under this paragraph shall

20 give appropriate weight to—

21 ‘‘(i) the purpose of encouraging vol22 untary emission reductions by the private

23 sector; and

24 ‘‘(ii) the voluntary nature of reporting

25 under this section.
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1 ‘‘(D) VALIDITY OF CERTIFICATION.—Ex2 cept to the extent that an emission reduction

3 certified in a report under this subsection, not

4 later than 1 year after the date of the report,

5 is adjusted under the verification process under

6 subparagraph (B) or review process under sub7 section (d)(2), the emission reduction shall be

8 valid for purposes of this and any other provi9 sion of law if the report meets the guidelines as

10 in effect on the date on which the report is

11 made.’’.

12 (b) ASSURANCE OF ACCURATE REPORTING.—Section

13 1605(b) of the Energy Policy Act of 1992 (42 U.S.C.

14 13385(b)) (as amended by subsection (a)) is amended by

15 striking paragraph (3) and inserting the following:

16 ‘‘(3) REPORTING PROCEDURES.—

17 ‘‘(A) IN GENERAL.—In accordance with

18 paragraph (5), the Administrator shall—

19 ‘‘(i) develop forms for voluntary re20 porting under the guidelines established

21 under paragraph (1); and

22 ‘‘(ii) make the forms available to enti23 ties wishing to report such information.

24 ‘‘(B) CERTIFICATION OF REPORTS.—
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1 ‘‘(i) IN GENERAL.—A person report2 ing under this subsection shall certify the

3 accuracy of the information reported.

4 ‘‘(ii) REPORTS BY A CORPORATION.—

5 In the case of information reported by a

6 corporation, the report—

7 ‘‘(I) shall be signed by an officer

8 of the corporation; and

9 ‘‘(II) shall be subject to section

10 1001 of title 18, United States

11 Code.’’.

12 (c) AVOIDANCE OF DUPLICATE REPORTING.—Sec13 tion 1605(b) of the Energy Policy Act of 1992 (42 U.S.C.

14 13385(b)) (as amended by subsection (a)) is amended—

15 (1) by redesignating paragraphs (4) and (5) as

16 paragraphs (5) and (6), respectively; and

17 (2) by inserting after paragraph (2) the fol18 lowing:

19 ‘‘(4) AVOIDANCE OF DUPLICATE REPORTING.—

20 ‘‘(A) IN GENERAL.—The guidelines under

21 this subsection shall ensure against multiple

22 certification of the same emission reductions.

23 ‘‘(B) FIRST TO SEEK CERTIFICATION.—In

24 a case in which—
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•S 1776 IS

1 ‘‘(i) more than 1 person is directly in2 volved in the creation or implementation of

3 an emission reduction measure;

4 ‘‘(ii) there is no—

5 ‘‘(I) written contractual arrange6 ment between the persons that speci7 fies which person is entitled to report

8 the emission reduction; or

9 ‘‘(II) reference case or other pro10 vision of the guidelines that addresses

11 the question which person is entitled

12 to report the emission reduction in the

13 circumstance of the case; and

14 ‘‘(iii) the Administrator determines

15 that 2 or more of the persons have equally

16 valid claims to the same emission reduc17 tion;

18 the first of the persons to certify the emission

19 reduction in a report under this subsection shall

20 be the only person entitled to report the emis21 sion reduction.’’.

22 (d) SIMPLIFICATION OF REPORTING.—Section

23 1605(b) of the Energy Policy Act of 1992 (42 U.S.C.

24 13385(b)) (as amended by subsection (c)) is amended by

25 inserting after paragraph (4) the following:
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•S 1776 IS

1 ‘‘(5) SIMPLIFICATION OF REPORTING.—Not

2 later than 60 days after the date of enactment of

3 the Climate Change Energy Policy Response Act,

4 the Administrator shall by regulation, in consulta5 tion with the Secretary of Agriculture and the Ad6 ministrator of the Small Business Administration, as

7 appropriate, review and revise the reporting forms

8 and procedures to facilitate greater participation by

9 small businesses, farms, and other organizations

10 that did not extensively participate in voluntary

11 emission reductions and reporting under this sub12 section during the first 6 years after the date of en13 actment of this Act.’’.

14 (e) BEST PRACTICES FOR ESTIMATING EMISSION

15 REDUCTIONS.—Section 1605 of the Energy Policy Act of

16 1992 (42 U.S.C. 13385) is amended by adding at the end

17 the following:

18 ‘‘(d) BEST PRACTICES FOR ESTIMATING EMISSION

19 REDUCTIONS.—

20 ‘‘(1) ESTABLISHMENT BY THE SECRETARY.—

21 Not later than 180 days after the date of enactment

22 of this subsection, after notice and opportunity for

23 public comment, the Secretary, with the assistance

24 of the Administrator, shall establish the most rea-
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•S 1776 IS

1 sonably effective practices for estimating emission

2 reductions under subsection (b).

3 ‘‘(2) REVIEW OF PRIOR CERTIFICATIONS.—

4 Emission reductions certified before the date of en5 actment of this subsection shall be subject to review

6 by the Secretary and adjustment, in appropriate

7 cases, to account for any change in a practice under

8 this subsection.

9 ‘‘(3) CONFORMITY OF PRIOR REPORTED EMIS10 SION REDUCTIONS WITH BEST PRACTICES.—In any

11 review under this subsection, the Secretary shall ob12 tain the assistance of the Administrator in assessing

13 whether and to what extent any prior reported emis14 sion reduction is in conformity with best practices

15 established under paragraph (1).’’.

16 SEC. 802. PUBLIC AWARENESS CAMPAIGN REGARDING BEN17 EFITS OF CERTIFICATION OF VOLUNTARY

18 EMISSION REDUCTIONS.

19 Section 1605 of the Energy Policy Act of 1992 (42

20 U.S.C. 13385) (as amended by section 801(f)) is amended

21 by adding at the end the following:

22 ‘‘(e) PUBLIC AWARENESS PROGRAM.—

23 ‘‘(1) IN GENERAL.—The Secretary shall create

24 and implement a public awareness program to edu25 cate all appropriate persons (especially farmers and
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1 small businesses) in all regions of the United States

2 of—

3 ‘‘(A) the direct benefits of engaging in vol4 untary emission reduction measures and having

5 the emission reductions certified under this sec6 tion and available for use under other incentive

7 programs; and

8 ‘‘(B) the forms and procedures for having

9 emission reductions certified under this section.

10 ‘‘(2) SPECIAL AGRICULTURAL AND SMALL BUSI11 NESS OUTREACH.—The Secretary of Agriculture,

12 with respect to farmers, and the Administrator of

13 the Small Business Administration, with respect to

14 small businesses, shall assist the Secretary in cre15 ating and implementing the public awareness pro16 gram under paragraph (1).’’.

17 SEC. 803. STATE AUTHORITY TO ENCOURAGE VOLUNTARY

18 ENERGY INITIATIVES.

19 (a) IN GENERAL.—Title XVI of the Energy Policy

20 Act of 1992 is amended by striking section 1606 (106

21 Stat. 3003) and inserting the following:

22 ‘‘SEC. 1606. STATE AUTHORITY TO ENCOURAGE VOL23 UNTARY ENERGY INITIATIVES.

24 ‘‘(a) IN GENERAL.—Notwithstanding any other pro25 vision of Federal law regarding the production, trans-
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1 mission, distribution, sale, or use of energy or of energy

2 services, a State is not prohibited or restricted from con3 tinuing to engage in any action, or from implementing any

4 State law (including a regulation) in effect on the date

5 of enactment of the Climate Change Energy Policy Re6 sponse Act, if the appropriate State authority finds that

7 the action or law is appropriate for mitigating the finan8 cial risks to producers, transmitters, distributors, sellers,

9 buyers, or users of energy or energy services that engage

10 in voluntary steps to reduce greenhouse gas emissions.

11 ‘‘(b) COORDINATION WITH LATER ENACTED LAW.—

12 This section shall remain in effect notwithstanding any

13 Federal law, including any Federal law enacted after the

14 date of enactment of this section, unless the later law spe15 cifically refers to this section and expressly states that this

16 section is superseded.’’.

17 (b) TECHNICAL AMENDMENT.—The table of contents

18 of the Energy Policy Act of 1992 (106 Stat. 2776) is

19 amended by striking the item relating to section 1606 and

20 inserting the following:

‘‘Sec. 1606. State authority to encourage voluntary energy initiatives.’’.

Æ