I
106TH CONGRESS
1ST SESSION
H. R. 3384
To strengthen provisions in the Energy Policy Act of 1992 with respect
to potential Climate Change.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 16, 1999
Mr. BARTON of Texas introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To strengthen provisions in the Energy Policy Act of 1992
with respect to potential Climate Change.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Energy and Climate
Policy Act of 1999’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—Congress finds that—
(1) although there are significant uncertainties
surrounding the science of climate change, human
activities may contribute to increasing global con-
centrations of greenhouse gases in the atmosphere,
which in turn may ultimately contribute to global cli-
mate change beyond that resulting from natural var-
iability;
(2) the characteristics of greenhouse gases and
the physical nature of the climate system require
that any stabilization of atmospheric greenhouse gas
concentrations must be a long-term effort under-
taken on a global basis;
(3) since developing countries will constitute the
major source of greenhouse gas emissions early in
the 21st century, all nations must share in an effec-
tive international response to potential climate
change;
(4) environmental progress and economic pros-
perity are interrelated;
(5) effective greenhouse gas management ef-
forts depend on the development of long-term, cost-
effective technologies and practices that can be de-
veloped, refined, and deployed commercially in an or-
derly manner in the United States and around the
world;
(6) in its present form as signed by the Admin-
istration, the Kyoto Protocol to the United Nations
Framework Convention on Climate Change fails to
meet the minimum conditions of Senate Resolution
98, 105th Congress, which was adopted by the Sen-
ate on July 25, 1997, by a vote of 95–0;
(7) the President has not submitted the Kyoto
protocol to the Senate for debate and advice and
consent to ratification under article II, section 2,
clause 2 of the United States Constitution and has
indicated that the Administration has no intention
to do so in the foreseeable future, or to implement
any portion of the Kyoto protocol prior to its ratifi-
cation in the Senate.
(b) PURPOSE.—The purpose of this Act is to
strengthen provisions of the Energy Policy Act of 1992
(42 U.S.C. 13381 et seq.) to—
(1) further promote voluntary efforts to reduce
or avoid greenhouse gas emissions and improve en-
ergy efficiency; and
(2) focus Department of Energy efforts in this
area.
SEC. 3. OFFICE OF GLOBAL CLIMATE CHANGE.
Section 1603 of the Energy Policy Act of 1992 (42
U.S.C. 13383) is amended—
(1) in the section heading, by striking ‘‘DI-
RECTOR OF CLIMATE PROTECTION’’
and inserting ‘‘OFFICE OF GLOBAL CLI-
MATE CHANGE’’; and
(2) by striking the first sentence and inserting
the following:
‘‘(a) ESTABLISHMENT.—There is established by this
Act in the Department of Energy an Office of Global Cli-
mate Change.
‘‘(b) FUNCTION.—The Office shall serve as a focal
point for coordinating for the Secretary and Congress all
departmental issues and policies regarding climate change
and related matters.
‘‘(c) DIRECTOR.—The Secretary shall appoint a di-
rector of the Office, who—
‘‘(1) shall be compensated at no less than level
IV of the Executive Schedule;
‘‘(2) shall report to the Secretary; and
‘‘(3) at the request of the Committees of the
Senate and House of Representatives with appro-
priation and legislative jurisdiction over programs
and activities of the Department of Energy, shall re-
port to Congress on the activities of the Office.’’;
(3) in the second sentence, by striking ‘‘The Di-
rector’’ and inserting the following:
‘‘(d) DUTIES.—The Director’’; and
(4) in subsection (c) (as designated by para-
graph (2)), by striking paragraphs (2) and (3) and
inserting the following:
‘‘(2) participate, in cooperation with other fed-
eral agencies, in the development and monitoring of
domestic and international policies for their effects
on any kind of climate change globally and domesti-
cally and on the generation, reduction, avoidance,
and sequestration of greenhouse gases;
‘‘(3) develop and implement a balanced, sci-
entifically sound, nonadvocacy educational and in-
formative public awareness program on—
‘‘(A) potential global climate change, in-
cluding any known adverse and beneficial ef-
fects on the United States and the economy of
the United States and the world economy, tak-
ing into consideration whether those effects are
known or expected to be temporary, long-term,
or permanent; and
‘‘(B) voluntary means and measures to
mitigate or minimize significant adverse effects
and, where appropriate, to adapt, to the great-
est extent practicable, to climate change;
‘‘(4) provide, consistent with applicable provi-
sions of law (including section 1605 (b)(3)), public
assess to all information on climate change, effects
of climate change, and adaptation to climate change;
‘‘(5) promote and cooperate in the research, de-
velopment, demonstration, and diffusion of environ-
mentally sound, cost-effective and commercially
practicable technologies, practices and processes that
avoid, sequester, control, or reduce anthropogenic
emissions of greenhouse gases not controlled by the
Montreal Protocol for all relevant economic sectors,
including, where appropriate, the transfer of envi-
ronmentally sound, cost-effective and commercially
practicable technologies, practices, and processes de-
veloped with Federal funds by the Department of
Energy or any of its facilities and laboratories to in-
terested persons in the United States and to devel-
oping country Parties to the United Nations Frame-
work Convention on Climate Change, and Parties
thereto with economies in transition to market-based
economies, consistent with, and subject to, any ap-
plicable Federal law, including patent and intellec-
tual property laws, and any applicable contracts, and
taking into consideration the provisions and pur-
poses of section 1608; and
‘‘(6) have the authority to participate in the
planning activities of relevant Department of Energy
programs.’’.
SEC. 4. NATIONAL INVENTORY AND VOLUNTARY REPORT-
ING OF GREENHOUSE GASES.
(a) UPDATING.—Section 1605 of the Energy Policy
Act of 1992 (42 U.S.C. 13385) is amended—
(1) by amending the second sentence of sub-
section (a) to read as follows—
‘‘The Administrator of the Energy Infor-
mation Administration shall annually update
and analyze such inventory using available data,
including beginning in calendar year 2001, in-
formation collected as a result of voluntary re-
porting under subsection (b). The inventory
shall identify for calendar year 2001 and there-
after the amount of emissions reductions attrib-
uted to those reported under subsection (b).’’;
(2) by amending subsection (b)(1)(B) and (C)
to read as follows—
‘‘(B) annual reductions or avoidance of green-
house gas emissions and sequestration and carbon
fixation achieved through any measures, including
agricultural activities, cogeneration, appliance effi-
ciency, energy efficiency, forestry activities that in-
crease carbon sequestration stocks (including the use
of forest products), fuel switching, management of
grasslands and drylands, manufacture or use of ve-
hicles with reduced greenhouse gas emissions, meth-
ane recovery, ocean seeding, use of renewable en-
ergy, chlorofluorocarbon capture and replacement,
and power plant heat rate improvement; and
‘‘(C) reductions in, or avoidance of, greenhouse
gas emissions achieved as a result of voluntary ac-
tivities domestically, or internationally, plant or fa-
cility closings, and State or Federal requirements.’’;
(3) by striking in the first sentence of sub-
section (b)(2) the word ‘‘entities’’ and inserting
‘‘persons or entities’’ and in the second sentence of
such subsection, by inserting after ‘‘Persons’’ the
words ‘‘or entities’’;
(4) by inserting in the second sentence of sub-
section (b)(4) the words ‘‘persons or’’ before ‘‘enti-
ty’’; and
(5) by adding after subsection (b)(4) the fol-
lowing new paragraphs—
‘‘(5) RECOGNITION OF VOLUNTARY REDUCTIONS OR
AVOIDED EMISSIONS OF GREENHOUSE GASES.—In order
to encourage and facilitate new and increased voluntary
efforts on a continuing basis, particularly by persons and
entities in the private sector, to reduce global emissions
of greenhouse gases, including voluntary efforts to limit,
control, sequester, and avoid such emissions, the Secretary
shall promptly develop and establish, after an opportunity
for public comment of at least 60 days, a program of giv-
ing annual public recognition, beginning not later than
January 31, 2001, to all reporting persons and entities
demonstrating, pursuant to the voluntary collections and
reporting guidelines issued under this section, voluntarily
achieved greenhouse gases reductions, including such in-
formation reported prior to the enactment of this para-
graph. Such recognition shall be based on the information
certified, subject to 18 U.S.C. 1001, by such persons or
entities for accuracy as provided in paragraph 2 of this
subsection. At a minimum such recognition shall annually
be published in the Federal Register.
‘‘(6) CHANGES IN GUIDELINES TO IMPROVE ACCU-
RACY
AND
RELIABILITY.—The Secretary of Energy,
through the Administrator of the Energy Information Ad-
ministration, shall conduct a review, which shall include
an opportunity for public comment, of what, if any,
changes should be made to the guidelines established
under this section regarding the accuracy and reliability
of greenhouse gas reductions and related information re-
ported under this section. Any such review shall give con-
siderable weight to the voluntary nature of this section
and to the purpose of encouraging voluntary greenhouse
gas emission reductions by the private sector. Changes to
be reviewed shall include the need for, and the appro-
priateness of—
‘‘(A) a random or other verification process
using the authorities available to the Administrator
under other provisions of law;
‘‘(B) a range of reference cases for reporting of
project-based activities in sectors, including, but not
limited to, the measures specified in subparagraph
(1)(B) of this subsection, and the inclusion of bench-
mark and default methodologies for use in the ref-
erence cases for ‘greenfield’ projects; and
‘‘(C) provisions to address the possibility of re-
porting, inadvertently or otherwise, of some or all of
the same greenhouse gas emissions reductions by
more than one reporting entity or person and to
make corrections where necessary.
The review should consider the costs and benefits of
any such changes, the impacts on encouraging participa-
tion in this section, including by farmers and small busi-
nesses, and the need to avoid creating undue economic ad-
vantages or disadvantages for persons or entities of the
private sector. The review should provide, where appro-
priate, a range of reasonable options that are consistent
with the voluntary nature of this section and that will help
further the purposes of this section. The review should be
available in draft form for public comment at least 45 days
before it is submitted to the Committee on Energy and
Natural Resources of the Senate and the Committee on
Commerce of the House of Representatives. Such sub-
mittal should be made by December 31, 2000. If the Sec-
retary, in consultation with the Administrator, finds,
based on the study results, that such changes are likely
to be beneficial and cost effective in improving the accu-
racy and reliability of reported greenhouse gas reductions
and related information, are consistent with the voluntary
nature of this section, and furthers the purposes of this
section, the Secretary shall propose and promulgate, con-
sistent with such finding, such guidelines, together with
such findings. In carrying out the provisions of this para-
graph, the Secretary shall consult with the Secretary of
Agriculture and the Administrator of the Small Business
Administration to facilitate greater participation by small
business and farmers in this subsection for the purpose
of addressing greenhouse gas emission reductions and re-
porting such reductions.’’.
(6) in subsection (c), by inserting ‘‘the Sec-
retary of the Department of Agriculture, the Sec-
retary of the Department of Commerce, the Admin-
istrator of the Energy Information Administration,
and’’ before ‘‘the Administrator’’.
(b) GUIDELINES.—The Secretary shall revise, after
opportunity for public comment, the guidelines issued
under section 1605(b) of the Energy Policy Act of 1992
to reflect the amendments made to such section 1605(b)
by subsection (a)(2) through (4) of this section not later
than 18 months after the date of enactment of this Act.
Such revised guidelines shall specify their effective date.
(c) EFFECTIVE DATE.—The provisions of subsection
(a) (5) and (6) of this section shall be effective on the
date of enactment of this Act.
SEC. 5. DEFINITIONS.
For the purpose of this Act and the provisions of the
Energy Policy Act of 1992 (42 U.S.C. 13381, et seq.)
amended by this Act, the following terms are defined as
follows:
‘‘(1) AGRICULTURAL ACTIVITY.—The term ‘ag-
ricultural activity’ means livestock production, crop-
land cultivation, biogas recovery and nutrient man-
agement.
‘‘(2) CLIMATE
CHANGE.—The term ‘climate
change’ means a change of climate which is attrib-
uted directly or indirectly to human activity which is
in addition to natural climate variability observed
over comparable time periods.
‘‘(3) CLIMATE SYSTEM.—The term ‘climate sys-
tem’ means the totality of the atmosphere, hydro-
sphere, biosphere and geosphere and their inter-
actions.
‘‘(4) GREENHOUSE GASES.—The term ‘green-
house gases’ means those gaseous constituents of the
atmosphere, both natural and anthropogenic, that
absorb and re-emit infrared radiation.
‘‘(5) GREENHOUSE GAS REDUCTION.—The term
‘greenhouse gas reduction’ means 1 metric ton of
greenhouse gas (expressed in terms of carbon diox-
ide equivalent) that is voluntarily certified to have
been achieved under section 1605 of the Energy Pol-
icy Act of 1992 (42 U.S.C. 13385).
‘‘(6) GREENHOUSE GAS SEQUESTRATION.—The
term ‘greenhouse gas sequestration’ means extract-
ing one or more greenhouse gases from the atmos-
phere or an emissions stream through a techno-
logical process designed to extract and isolate those
gases from the atmosphere or an emissions stream;
or the natural process of photosynthesis that ex-
tracts carbon dioxide from the atmosphere and
stores it as carbon in trees, roots, stems, soils, foli-
age, and durable wood products.
‘‘(7) FOREST
PRODUCTS.—The term ‘forest
products’ means all products or goods manufactured
from trees.
‘‘(8) FORESTRY ACTIVITY.—
‘‘(A) IN GENERAL.—The term ‘forestry ac-
tivity’ means any ownership or management ac-
tion that has a discernible impact on the use
and productivity of forests.
‘‘(B) INCLUSIONS.—Forestry activities in-
clude, but are not limited to, the establishment
of trees on an area not previously forested, the
establishment of trees on an area previously
forested if a net carbon benefit can be dem-
onstrated, enhanced forest management (e.g.,
thinning, stand improvement, fire protection,
weed control, nutrient application, pest manage-
ment, other silvicultural practices), forest pro-
tection or conservation if a net carbon benefit
can be demonstrated, and biomass energy
(using wood, grass or other biomass in lieu of
fossil fuel).
‘‘(C) EXCLUSIONS.—The term ‘forest ac-
tivity’ does not include a land use change asso-
ciated with—
‘‘(i) an act of war; or
‘‘(ii) an act of nature, including
floods, storms, earthquakes, fires, hurri-
canes, and tornadoes.
‘‘(9) MANAGEMENT
OF
GRASSLANDS
AND
DRYLANDS.—The term ‘management of grasslands
and drylands’ means seeding, cultivation, and nutri-
ent management.
‘‘(10) OCEAN SEEDING.—The term ‘ocean seed-
ing’ means adding nutrients to oceans to enhance
the biological fixation of carbon dioxide.’’.
Æ