[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1294 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1294
To establish a new national policy designed to manage the risk of
potential climate change, ensure long-term energy security, and 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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2001
Mr. Murkowski (for Mr. Craig, Mr. Hagel, Mr. Domenici, Mr. Roberts, and
Mr. Bond) introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish a new national policy designed to manage the risk of
potential climate change, ensure long-term energy security, and 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Climate Change Risk Management Act
of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) human activities, namely energy production and use,
contribute to increasing concentrations of greenhouse gases in
the atmosphere, which may ultimately contribute to global
climate change beyond that resulting from natural variability;
(2) although the science of global climate change has been
advanced in the past ten years, the timing and magnitude of
climate change-related impacts on the United States cannot
currently be predicted with any reasonable certainty;
(3) furthermore, a recent National Research Council review
of climate change science suggests that without an
understanding of the sources and degree of uncertainty
regarding climate change and its impacts, decision-makers could
fail to define the best ways to manage the risk of climate
change;
(4) despite this uncertainty, the potential impacts from
human-induced climate change pose a substantial risk that
should be managed in a responsible manner;
(5) given that the bulk of greenhouse gas emissions from
human activities result from energy production and use,
national and international energy policy decisions made now and
in the longer-term future will influence the extent and timing
of any climate change and resultant impacts from climate change
later this century;
(6) the characteristics of greenhouse gases and the
physical nature of the climate system require that
stabilization of atmospheric greenhouse gas concentrations at
any future level must be a long-term effort undertaken on a
global basis;
(7) the characteristics of existing energy-related
infrastructure and capital suggest that effective greenhouse
gas management efforts will depend on the development of long-
term, cost-effective technologies and practices that can be
demonstrated and deployed commercially in the United States and
around the world;
(8) environmental progress, energy security, economic
prosperity, and satisfaction of basic human needs are
interrelated, particularly in developing countries;
(9) developing countries will constitute the major source
of greenhouse gas emissions in the 21st century and the major
source of increases in such emissions;
(10) any program to address the risks of climate change
that does not fully include developing nations as integral
participants will be ineffective; and
(11) a new long-term, technology-based, cost-effective,
flexible, and global strategy to ensure long-term energy
security and manage the risk of climate change is needed, and
should be promoted by the United States in its domestic and
international activities in this regard.
SEC. 3. DEFINITIONS.
Title XVI of the Energy Policy Act of 1992 (42 U.S.C. 13381, et
seq.) is amended by inserting before section 1601 the following:
``SEC. 1600. DEFINITIONS.
``(a) Agricultural Activity.--The term `agricultural activity'
means livestock production, cropland cultivation, biogas and other
waste material recovery and nutrient management.
``(b) Climate System.--The term `climate system' means the totality
of the atmosphere, hydrosphere, biosphere and geosphere and their
interactions.
``(c) Climate Change.--The term `climate change' means a change in
the state of the climate system attributed directly or indirectly to
human activity which is in addition to natural climate variability
observed over comparable time periods.
``(d) Emissions.--The term `emissions' means the net release of
greenhouse gases and/or their precursors into the atmosphere over a
specified area and period of time, after taking into account any
reductions due to greenhouse gas sequestration.
``(e) Greenhouse Gases.--The term `greenhouse gases' means those
gaseous and aerosol constituents of the atmosphere, both natural and
anthropogenic, that absorb and re-emit infrared radiation.
``(f) Sequestration.--The term `sequestration' means any process,
activity or mechanism which removes a greenhouse gas or its precursor
from the atmosphere or from emissions streams.
``(g) Forest Products.--The term `forest products' means all
products or goods manufactured from trees.
``(h) Forestry Activity.--
``(1) In general.--The term `forestry activity' means any
ownership or management action that has a discernible impact on
the use and productivity of forests.
``(2) Inclusions.--Forestry activities include, 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
demonstrated, enhanced forest management (including thinning,
stand improvement, fire protection, weed control, nutrient
application, pest management, and other silvicultural
practices), forest protection or conservation if a net carbon
benefit can be demonstrated, and production or use of biomass
energy (including the use of wood, grass or other biomass in
lieu of fossil fuel).
``(3) Exclusions.--The term `forestry activity' does not
include a land use change associated with--
``(A) an act of war; or
``(B) an act of nature, including floods, storms,
earthquakes, fires, hurricanes, and tornadoes.''.
SEC. 4. NATIONAL CLIMATE CHANGE STRATEGY.
(a) In General.--Section 1601 of the Energy Policy Act of 1992 (42
U.S.C. 13381) is amended to read as follows:
``SEC. 1601. NATIONAL CLIMATE CHANGE STRATEGY.
``(a) In General.--The President, in consultation with appropriate
Federal agencies and the Congress, shall develop and implement a
national strategy to manage the risks posed by potential climate
change.
``(b) Goal.--The strategy shall be consistent with the United
Nations Framework Convention on Climate Change, done at New York on May
9, 1992, in a manner that--
``(1) does not result in serious harm to the U.S. economy;
``(2) adequately provides for the energy security of the
U.S.;
``(3) establishes and maintains U.S. leadership with
respect to climate change-related scientific research,
development and deployment of advanced energy technology; and
``(4) will result in a reduction in the ratio that the net
U.S. greenhouse gas emissions bears to the U.S. gross domestic
production.
``(c) Elements.--The strategy shall include short-term and long-
term strategies, programs and policies that--
``(1) enhance the scientific knowledge base for
understanding and evaluation of natural and human-induced
climate change, including the role of climate feedbacks and all
climate forcing agents;
``(2) improve scientific observation, modeling, analysis
and prediction of climate change and its impacts, and the
economic, social and environmental risks posed by such impacts;
``(3) assess the economic, social, and environmental costs
and benefits of current and potential options to reduce, avoid,
or sequester greenhouse gas emissions;
``(4) develop and implement market-directed policies that
reduce, avoid or sequester greenhouse gas emissions, including:
``(A) cost-effective Federal, State, tribal, and
local policies, programs, standards and incentives;
``(B) policies and incentives to speed development,
deployment and consumer adoption of advanced energy
technologies in the U.S. and throughout the world; and
``(C) removal of regulatory barriers that impede
the development, deployment and consumer adoption of
advanced energy technologies in the U.S. and throughout
the world; and
``(D) participation in international institutions,
or the support of international activities, that are
established or conducted to facilitate effective
measures to implement the United Nations Framework
Convention on Climate Change;
``(5) advance areas where bilateral or multilateral
cooperation and investment would lead to adoption of advanced
technologies for use within developing countries to reduce,
avoid or sequester greenhouse gas emissions;
``(6) identify activities and policies that provide for
adaptation to natural and human-induced climate change;
``(7) recommend specific legislative or administrative
activities, giving preference to cost-effective and
technologically feasible measures that will--
``(A) result in a reduction in the ratio that the
net U.S. greenhouse gas emissions bears to the U.S.
gross domestic product;
``(B) avoid adverse short-term and long-term
economic and social impacts on the United States; and
``(C) foster such changes in institutional and
technology systems as are necessary to mitigate or
adapt to climate change and its impacts in the short-
term and the long-term; and
``(8) designate federal, state, tribal or local agencies
responsible for carrying out recommended activities and
programs, and identify interagency entities or activities that
may be needed to coordinate actions carried out consistent with
this strategy.
``(d) Consultation.--This strategy shall be developed in a manner
that provides for meaningful participation by, and consultation among,
Federal, State, tribal, and local government agencies, non-governmental
organizations, academia, scientific bodies, industry, the public, and
other interested parties.
``(e) Biannual Report.--No later than one year after the date of
enactment of this section, and at the end of each second year
thereafter, the President shall submit to Congress a report that
includes--
``(1) a description of the national climate change strategy
and its goals and Federal programs and activities intended to
carry out this strategy through mitigation, adaptation, and
scientific research activities;
``(2) an evaluation of Federal programs and activities
implemented as part of this strategy against the goals and
implementation dates outlined in the strategy;
``(3) a description of changes to Federal programs or
activities implemented to carry out this strategy, in light of
new knowledge of climate change and its impacts and costs or
benefits, or technological capacity to improve mitigation or
adaptation activities;
``(4) a description of all Federal spending on climate
change for the current fiscal year and each of the five years
previous, categorized by Federal agency and program function
(including scientific research, energy research and
development, regulation, education and other activities);
``(5) an estimate of the budgetary impact for the current
fiscal year and each of the five years previous of any Federal
tax credits, tax deductions or other incentives claimed by
taxpayers that are directly or indirectly attributable to
greenhouse gas emissions reduction activities; and
``(6) an estimate of the amount, in metric tons, of
greenhouse gas emissions reduced, avoided or sequestered
directly or indirectly as a result of each spending program or
tax credit, deduction or other incentive for the current fiscal
year and each of the five years previous.
``(f) Review by National Academies.--
``(1) In general.--Not later than 90 days after the date of
publication of each biannual report as directed by this
section, the President shall commission the National Academies
to conduct a review of the national climate change strategy and
implementation plan required by this section.
``(2) Criteria.--The National Academies' review shall
evaluate the goals and recommendations contained in the
national climate change strategy report in light of--
``(A) new or improved scientific knowledge
regarding climate change and its impacts;
``(B) new understanding of human social and
economic responses to climate change, and responses of
natural ecosystems to climate change;
``(C) advancements in energy technologies that
reduce, avoid, or sequester greenhouse gases or
otherwise mitigate the risks of climate change;
``(D) new or revised understanding of economic
costs and benefits of mitigation or adaptation
activities; and
``(E) the existence of alternative policy options
that could achieve the strategy goals at lower
economic, environmental, or social cost.
``(3) Report.--The National Academies shall prepare and
submit to Congress and the President a report concerning the
results of such review, along with any recommendations as
appropriate. Such report shall also be made available to the
public.
``(4) Definition.--For the purposes of this Section, the
term ``National Academies'' means the National Research
Council, the National Academy of Sciences, the National Academy
of Engineering, and the Institute of Medicine.''.
(b) Conforming Amendment.--Section 1103(b) of the Global Climate
Protection Act of 1987 (15 U.S.C. 2901) is amended by inserting ``, the
Department of Energy, and other Federal agencies as appropriate'' after
``Environmental Protection Agency''.
SEC. 5. CLIMATE TECHNOLOGY RESEARCH, DEVELOPMENT, DEMONSTRATION AND
DEPLOYMENT PROGRAM.
(a) In General.--Section 1604 of the Energy Policy Act of 1992 (42
U.S.C. 13384) is amended to read as follows:
``SEC. 1604. CLIMATE TECHNOLOGY RESEARCH, DEVELOPMENT, DEMONSTRATION
AND DEPLOYMENT PROGRAM.
``(a) In General.--The Secretary, in consultation with the Advisory
Board established under section 2302, shall establish a long-term
Climate Technology Research, Development, Demonstration, and Deployment
Program, in accordance with sections 3001 and 3002.
``(b) Program Objectives.--The program shall conduct a long-term
research, development, demonstration and deployment program to foster
technologies and practices that--
``(1) reduce or avoid anthropogenic emissions of greenhouse
gases;
``(2) remove and sequester greenhouse gases from emissions
streams; and
``(3) remove and sequester greenhouse gases from the
atmosphere.
``(c) Program Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall prepare and submit to the
Congress a 10-year program plan to guide activities under this section.
Thereafter, the Secretary shall biennially update and resubmit the
program plan to the Congress. In preparing the program plan, the
Secretary shall:
``(1) include quantitative technology performance and
carbon emissions reduction goals, schedule milestones,
technology approaches, Federal funding requirements, and non-
Federal cost sharing requirements;
``(2) consult with appropriate representatives of industry,
institutions of higher education, Department of Energy national
laboratories, and professional, scientific and technical
societies;
``(3) take into consideration how the Federal Government,
acting through the Secretary, can be effective in ensuring the
availability of such technologies when they are needed and how
the Federal Government can most effectively cooperate with the
private sector in the accomplishment of the goals set forth in
subsection (b); and
``(4) consider how activities funded under the program can
be complementary to, and not duplicative of, existing research
and development activities within the Department.
``(d) Solicitation.--Not later than 1 year after the date of
submission of the 10-year program plan, the Secretary shall solicit
proposals for conducting activities consistent with the 10-year program
plan and select one or more proposals not later than 180 days after
such solicitations.
``(e) Proposals.--Proposals may be submitted by applicants or
consortia from industry, institutions of higher education, or
Department of Energy national laboratories. At minimum, each proposal
shall also include the following:
``(1) a multi-year management plan that outlines how the
proposed research, development, demonstration and deployment
activities will be carried out;
``(2) quantitative technology goals and greenhouse gas
emission reduction targets that can be used to measure
performance against program objectives;
``(3) the total cost of the proposal for each year in which
funding is requested, and a breakdown of those costs by
category;
``(4) evidence that the applicant has in existence or has
access to--
``(A) the technical capability to enable it to make
use of existing research support and facilities in
carrying out the research objectives of the proposal;
``(B) a multi-disciplinary research staff
experienced in technologies or practices able to
sequester, avoid, or capture greenhouse gas emissions;
``(C) access to facilities and equipment to enable
the conduct of laboratory-scale testing or
demonstration of technologies or related processes
undertaken through the program; and
``(D) commitment for matching funds and other
resources from non-Federal sources, including cash,
equipment, services, materials, appropriate technology
transfer activities, and other assets directly related
to the cost of the proposal;
``(5) evidence that the proposed activities are
supplemental to, and not duplicative of, existing research and
development activities carried out, funded, or otherwise
supported by the Department;
``(6) a description of the technology transfer mechanisms
and industry partnerships that the applicant will use to make
available research results to industry and to other
researchers;
``(7) a statement whether the unique capabilities of
Department of Energy national laboratories warrant
collaboration with those laboratories, and the extent of any
such collaboration proposed; and
``(8) demonstrated evidence of the ability of the applicant
to undertake and complete the proposed project, including the
successfully introduction of the technology into commerce.
``(f) Selection of Proposals.--From the proposals submitted, the
Secretary shall select for funding one or more proposals that will best
accomplish the program objectives outlined in this section.
``(g) Annual Report.--The Secretary shall prepare and submit an
annual report to Congress that--
``(1) demonstrates that the program objectives are
adequately focused, peer-reviewed for merit, and not
unnecessarily duplicative of the science and technology
research being conducted by other Federal agencies and
programs,
``(2) states whether the program as conducted in the prior
year addresses an adequate breadth and range of technologies
and solutions to address anthropogenic climate change; and
``(3) evaluates the quantitative progress of funded
proposals towards the program objectives outlined in this
section, and the technology and greenhouse gas emission
reduction, avoidance or sequestration goals as described in
their respective proposals.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this subtitle $200,000,000 for each of fiscal
years 2002 through 2011, to remain available until expended.''.
``(b) Conforming Amendments.--Section 6 of the Federal Nonnuclear
Energy Research and Development Act of 1974 (42 U.S.C. 5905) is
amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``and'' at the
end;
(B) in paragraph (3) by striking the period at the
end and inserting '', and ''; and
(C) by adding at the end the following:
``(4) solutions to the effective management of greenhouse
gas emissions in the long term by the development of
technologies and practices designed to--
``(A) reduce or avoid anthropogenic emissions of
greenhouse gases;
``(B) remove and sequester greenhouse gases from
emissions streams; and
``(C) remove and sequester greenhouse gases from
the atmosphere. ''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``subsection
(a)(1) through (3)'' and inserting ``paragraphs (1)
through (4) of subsection (a)''; and
(B) in paragraph (3)--
(i) in subparagraph (R), by striking
``and'' at the end;
(ii) in subparagraph (S), by striking the
period at the end and inserting ''; and''; and
(iii) by adding at the end the following:
``(T) to pursue a long-term climate technology
strategy designed to demonstrate a variety of
technologies by which stabilization of greenhouse gases
might be best achieved, including accelerated research,
development, demonstration and deployment of--
``(i) renewable energy systems;
``(ii) advanced fossil energy technology;
``(iii) advanced nuclear power plant
design;
``(iv) fuel cell technology for residential
industrial and transportation applications;
``(v) carbon sequestration practices and
technologies, including agricultural and
forestry practices that store and sequester
carbon;
``(vi) efficient electrical generation,
transmission and distribution technologies; and
``(vii) efficient end use energy
technologies.''.
SEC. 6. INTERNATIONAL ENERGY TECHNOLOGY DEPLOYMENT PROGRAM.
Section 1608 of Energy Policy Act of 1992 (42 U.S.C. 13387) is
amended by striking subsection (l) and inserting the following:
``(l) International Energy Technology Deployment Program.--
``(1) Definitions.--In this subsection:
``(A) International energy deployment project.--The
term ``international energy deployment project'' means
a project to construct an energy production facility
outside the United States--
``(i) the output of which will be consumed
outside the United States; and
``(ii) the deployment of which will result
in a greenhouse gas reduction per unit of
energy produced when compared to the technology
that would otherwise be implemented of--
``(I) 10 percentage points or more,
in the case of a unit placed in service
before January 1, 2010;
``(II) 20 percentage points or
more, in the case of a unit placed in
service after December 31, 2009, and
before January 1, 2020; or
``(III) 30 percentage points or
more, in the case of a unit placed in
service after December 31, 2019, and
before January 2, 2030.
``(B) Qualifying international energy deployment
project.--The term ``qualifying international energy
deployment project'' means an international energy
deployment project that--
``(i) is submitted by a United States firm
to the Secretary in accordance with procedures
established by the Secretary by regulation;
``(ii) uses technology that has been
successfully developed or deployed in the
United States, or in another country as a
result of a partnership with a company based in
the United States;
``(iii) meets the criteria of subsection
(k);
``(iv) is approved by the Secretary, with
notice of the approval being published in the
Federal Register; and
``(v) complies with such terms and
conditions as the Secretary establishes by
regulation.
``(C) United States.--The term `United States',
when used in a geographical sense, means the 50 States,
the District of Columbia, Puerto Rico, Guam, the Virgin
Islands, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
``(2) Pilot program for financial assistance.--
``(A) In general.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall,
by regulation, provide for a pilot program for
financial assistance for qualifying international
energy deployment projects.
``(B) Selection criteria.--After consultation with
the Secretary of State, the Secretary of Commerce, and
the United States Trade Representative, the Secretary
shall select projects for participation in the program
based solely on the criteria under this title and
without regard to the country in which the project is
located.
``(C) Financial assistance.--
``(i) In general.--A United States firm
that undertakes a qualifying international
energy deployment project that is selected to
participate in the pilot program shall be
eligible to receive a loan or a loan guarantee
from the Secretary.
``(ii) Rate of interest.--The rate of
interest of any loan made under clause (i)
shall be equal to the rate for Treasury
obligations then issued for periods of
comparable maturities.
``(iii) Amount.--The amount of a loan or
loan guarantee under clause (i) shall not
exceed 50 percent of the total cost of the
qualified international energy deployment
project.
``(iv) Developed countries.--Loans or loan
guarantees made for projects to be located in a
developed country, as listed in Annex I of the
United Nations Framework Convention on Climate
Change, shall require at least a 50 percent
contribution towards the total cost of the loan
or loan guarantee by the host country.
``(v) Developing countries.--Loans or loan
guarantees made for projects to be located in a
developing country (those countries not listed
in Annex I of the United Nations Framework
Convention on Climate Change) shall require at
least a 10 percent contribution towards the
total cost of the loan or loan guarantee by the
host country.
``(vi) Capacity building research.--
Proposals made for projects to be located in a
developing country may include a research
component intended to build technological
capacity within the host country. Such research
must be related to the technologies being
deployed and must involve both an institution
in the host country and an industry, university
or national laboratory participant from the
United States. The host institution must
contribute at least 5 percent of funds for the
capacity building research.
``(D) Coordination with other programs.--A
qualifying international energy deployment project
funded under this section shall not be eligible as a
qualifying clean coal technology under section 415 of
the Clean Air Act (42 U.S.C. 7651n).
``(E) Report.--Not later than 5 years after the
date of enactment of this section, the Secretary shall
submit to the President and the Congress a report on
the results of the pilot projects.
``(F) Recommendation.--Not later than 60 days after
receiving the report under subparagraph (E), the
Secretary shall submit to Congress a recommendation
concerning whether the financial assistance program
under this section should be continued, expanded,
reduced, or eliminated.
``(G) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section
$100,000,000 for each of fiscal years 2002 through
2011, to remain available until expended.''.
SEC. 7. NATIONAL GREENHOUSE GAS EMISSIONS REGISTRY.
Section 1605 of the Energy Policy Act of 1992 (42 U.S.C. 13385) is
amended--
(1) by amending the second sentence of subsection (a) to
read as follows: ``The Secretary shall annually update and
analyze such inventory using available data, including,
beginning in calendar year 2001, information collected as a
result of voluntary reporting under subsection (b). The
inventory shall identify for calendar year 2001 and thereafter
the amount of emissions reductions attributed 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 greenhouse
gas emissions and carbon sequestration achieved through
any measures, including agricultural activities, co-
generation, appliance efficiency, energy efficiency,
forestry activities that increase carbon sequestration
stocks (including the use of forest products), fuel
switching, management of crop lands, grazing lands,
grasslands and dry lands, manufacture or use of
vehicles with reduced greenhouse gas emissions, methane
recovery, ocean seeding, use of renewable energy,
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
activities domestically, or internationally, plant or
facility closings, and State or Federal
requirements.''.
(3) by striking in the first sentence of subsection (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 subsection
(b)(4) the words ``persons or'' before ``entity'';
(5) by adding after subsection (b)(4) the following new
paragraphs--
``(5) Recognition of voluntary greenhouse gas emissions
reduction, avoidance, or sequestration.--To encourage new and
increased voluntary efforts to reduce, avoid, or sequester
emissions of greenhouse gases, the Secretary shall develop and
establish a program of giving annual public recognition to all
reporting persons and entities demonstrating voluntarily
achieved greenhouse gases reduction, avoidance, or
sequestration, pursuant to the voluntary collections and
reporting guidelines issued under this section. Such
recognition shall be based on the information certified,
subject to section 1001 of title 18, United States Code, by
such persons or entities for accuracy as provided in paragraph
2 of this subsection, and shall include such information
reported prior to the enactment of this paragraph. At a minimum
such recognition shall annually be published in the Federal
Register.
``(6) Review and Revision of Guidelines.--
``(A) In general.--Not later than 1 year after the
date of enactment of this subparagraph, the Secretary
of Energy, acting through the Administrator of the
Energy Information Administration, shall conduct a
review of guidelines established under this section
regarding the accuracy and reliability of reports of
greenhouse gas reductions and related information.
``(B) Contents.--The review shall include the
consideration of the need for any amendments to such
guidelines, including--
``(i) a random or other verification
process using the authorities available to the
Secretary under other provisions of law;
``(ii) a range of reference cases for
reporting of project-based activities in
sectors, including the measures specified in
subparagraph (1)(B) of this subsection, and the
inclusion of benchmark and default
methodologies and best practices for use as
reference cases for eligible projects;
``(iii) issues, such as comparability, that
are associated with the option of reporting on
an entity-wide basis or on an activity or
project basis; and
``(iv) safeguards to address the
possibility of reporting, 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;
``(v) provisions that encourage entities or
persons to register their certified, by
appropriate and credible means, baseline
emissions levels on an annual basis, taking
into consideration all of their reports made
under this section prior to the enactment of
this paragraph;
``(vi) procedures and criteria for the
review and registration of ownership of all or
part of any reported and verified emissions
reductions relative to a reported baseline
emissions level under this section; and
``(vii) accounting provisions needed to
allow for changes in registration of ownership
of emissions reductions resulting from a
voluntary private transaction between reporting
entities or persons.
For the purposes of this paragraph, the term
`reductions' means any and all activities taken by a
reporting entity or person that reduce, avoid or
sequester greenhouse gas emissions, or sequester
greenhouse gases from the atmosphere.
``(C) Economic analysis.--The review should
consider the costs and benefits of any such amendments,
the effect of such amendments on participation in this
program, including by farmers and small businesses, and
the need to avoid creating undue economic advantages or
disadvantages for persons or entities in the private
sector. The review should provide, where appropriate, 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.
``(D) Public comment and submission of report.--The
findings of the review shall be made available in draft
form for public comment for at least 45 days, and a
report containing the findings of the review shall be
submitted to Congress and the President no later than
one year after date of enactment of this section.
``(E) Revision of guidelines.--If the Secretary,
after consultation with the Administrator, finds, based
on the study results, that changes to the program are
likely to be beneficial and cost effective in improving
the accuracy and reliability of reported greenhouse gas
reductions and related information, are consistent with
the voluntary nature of this section, and further the
purposes of this section, the Secretary shall propose
and promulgate changes to program guidelines based with
such findings. In carrying out the provisions of this
paragraph, the Secretary shall consult with the
Secretary of Agriculture and the Administrator of the
Small Business Administration to encourage greater
participation by small business and farmers in
addressing greenhouse gas emission reductions and
reporting such reductions.
``(F) Periodic review and revision of guidelines.--
The Secretary shall thereafter review and revise these
guidelines at least once every 5 years, following the
provisions for economic analysis, public review, and
revision set forth in subsections (C) through (E) of
this section.''.
(6) in subsection (c), by inserting ``the Secretary of the
Department of Agriculture, the Secretary of the Department of
Commerce, the Administrator of the Energy Information
Administration, and'' before ``the Administrator''; and
(7) by adding at the end the following:
``(d) Public Awareness Program.--
``(1) In general.--The Secretary shall create and implement
a public awareness program to educate all persons in the United
States of--
``(A) the direct benefits of engaging in voluntary
greenhouse gas emissions reduction measures and having
the emissions reductions certified under this section
and available for use therein; and
``(B) the ease of use of the forms and procedures
for having emissions reductions certified under this
section.
``(2) Agricultural and small business outreach.--The
Secretary of Agriculture and the Administrator of the Small
Business Administration shall assist the Secretary in creating
and implementing a targeted public awareness program to
encourage voluntary participation by small businesses and
farmers.''.
SEC. 8. REVIEW OF FEDERALLY FUNDED ENERGY TECHNOLOGY RESEARCH AND
DEVELOPMENT.
(a) In General.--Title XVI of the Energy Policy Act of 1992 (42
U.S.C. 13381 et seq.) is amended by adding the following new section:
``SEC. 1610. REVIEW OF FEDERALLY FUNDED ENERGY TECHNOLOGY RESEARCH AND
DEVELOPMENT.
``(a) Department of Energy Review.--
``(1) In general.--The Secretary shall review annually all
federally funded research and development activities carried
out with respect to energy technology; and submit to a report
to Congress by October 15 of each year.
``(2) Assessment of technology readiness and barriers to
deployment.--As part of this review, the Secretary shall--
``(A) assess the status and readiness (including
the potential commercialization) of each energy
technology and any regulatory or market barriers to
deployment;
``(B) consider--
``(i) the length of time it will take for
deployment and use of the energy technology and
for the technology to have a meaningful impact
on emission reductions;
``(ii) the cost of deploying the energy
technology; and
``(iii) the safety of the energy
technology;
``(C) assess the available resource base for any
energy resources used by the energy technology, and the
potential for expanded sustainable use of the resource
base; and
``(D) recommend to Congress any changes in law or
regulation deemed appropriate by the Secretary to
hasten deployment and use of the energy technology.
``(b) Energy Technology Research and Development Clearinghouse.--
The Secretary shall establish an information clearinghouse to
facilitate the transfer and dissemination of the results of federally
funded research and development activities being carried out on energy
technology subject to any restrictions or safeguards established for
national security or the protection of intellectual property rights
(including trade secrets and confidential business information
protected under section 552(b)(4) of title 5, United States Code).''.
(b) Technical Amendment.--The table of contents of the Energy
Policy Act of 1992 (106 Stat. 2776) is amended by inserting after the
item relating to section 1609 the following:
``Sec. 1610. Review of federally funded energy technology research and
development.''.
SEC. 9. OFFICE OF APPLIED ENERGY TECHNOLOGY AND GREENHOUSE GAS-
MANAGEMENT.
Section 1603 of the Energy Policy Act of 1992 (42 U.S.C. 13383) is
amended to read as follows:
``SEC. 1603. OFFICE OF APPLIED ENERGY TECHNOLOGY AND GREENHOUSE GAS
MANAGEMENT.
``(a) Establishment.--There is established by this section in the
Department of Energy an Office of Applied Energy Technology and
Greenhouse Gas Management.
``(b) Function.--The Office shall--
``(1) establish appropriate quantitative performance and
deployment goals for energy technologies that reduce, avoid, or
sequester emissions of greenhouse gases, provided that such
goals are consistent with any national climate change strategy;
``(2) manage domestic and international energy technology
demonstration and deployment programs for energy technologies
that reduce, avoid or sequester emissions of greenhouse gases,
including those authorized under this title; provided that such
programs supplement and do not replace existing energy research
and development activities within the Department;
``(3) facilitate the development of domestic and
international cooperative research and development agreements
(as that term is defined in section 12(d)(1) of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C.
3710a(d)(1)), or similar cooperative, cost-shared partnerships
with non-Federal organizations to accelerate the rate of
domestic and international demonstration and deployment of
energy technologies that reduce, avoid or sequester emissions
of greenhouse gases;
``(4) conduct necessary programs of monitoring,
experimentation, and analysis of the technological, scientific,
and economic viability of energy technologies that reduce,
avoid, or sequester greenhouse gas emissions; and
``(5) coordinate issues, policies, and activities for the
Department regarding climate change and related energy matters
pursuant to this title, and coordinate the issuance of such
reports as many be required under this title.
``(c) Director.--The Secretary shall appoint a director of the
Office, who--
``(1) shall report to the Secretary;
``(2) shall be compensated at no less than level IV of the
Executive Schedule; and
``(3) at the request of the Committees of the Senate and
House of Representatives with appropriation and legislative
jurisdiction over programs and activities of the Department of
Energy, shall report to Congress on the activities of the
Office.
``(d) Duties.--The Director shall, in addition to performing all
functions necessary to carry out the functions of the Office--
``(1) in the absence of the Secretary, serve as the
Secretary's representative for interagency and multilateral
policy discussions of global climate change, including the
activities of the Committee on Earth and Environmental Sciences
as established by the Global Change Research Act of 1990 (15
U.S.C. 292 et seq.);
``(2) participate, in cooperation with other federal
agencies, in the development and monitoring of domestic and
international policies for their effects on any kind of climate
change globally and domestically and on the generation,
reduction, avoidance, and sequestration of greenhouse gases;
``(3) develop and implement a balanced, scientific, non-
advocacy educational and informational public awareness program
on--
``(A) potential climate change, including any known
adverse and beneficial effects on the United States and
the economy of the United States and the world economy,
taking into consideration whether those effects are
known or expected to be temporary, long-term, or
permanent;
``(B) the role of national energy policy in the
determination of current and future emissions of
greenhouse gases, particularly measures that develop
advanced energy technologies, improve energy
efficiency, or expand the use of renewable energy or
alternative fuels; and
``(C) the development of voluntary means and
measures to mitigate or minimize significant adverse
effects of climate change and, where appropriate, to
adapt, to the greatest extent practicable, to climate
change.
``(4) provide, consistent with applicable provisions of
law, public access to all information on climate change,
effects of climate change, and adaptation to climate change;
and
``(5) in accordance with all law administered by the
Secretary and other applicable Federal law and contracts,
including patent and intellectual property laws, and in
furtherance of the United Nations Framework Convention of
Climate Change--
``(A) identify for, and transfer, deploy, diffuse,
and apply to, Parties to such Convention, including the
United States, any technologies, practices, or
processes which reduce, avoid, or sequester emissions
of greenhouse gases if such technologies, practices or
processes have been developed with funding from the
Department of Energy or any of its facilities or
laboratories; and
``(B) support reasonable efforts by the Parties to
such convention, including the United States, to
identify and remove legal, trade, financial, and other
barriers to the use and application of any
technologies, practices, or processes which reduce,
avoid or sequester emissions of greenhouse gases.''.
SEC. 10. COORDINATION OF GLOBAL CHANGE RESEARCH.
(a) Definitions.--As used in this Section, the term--
(1) ``Committee'' means the Committee on Earth and
Environmental Sciences established under Section 102 of the
Global Change Research Act of 1990 (15 U.S.C. 2933).
(2) ``Program'' means the United States Global Change
Research Program established under Section 103 of the Global
Change Research Act of 1990 (15 U.S.C. 2933).
(b) Coordination of Climate Observation Activities.--At the
direction of the Committee, the Director of the Program shall develop
and implement activities within the Program that--
(1) coordinate system design and implementation and
operation of a multi-user, multi-purpose long-term climate
observing system for the measurement and monitoring of relevant
climatic variables;
(2) carry out basic research, development and deployment of
innovative scientific techniques and instruments (both in-situ
and space-based) for measurement and monitoring of relevant
climatic variables;
(3) coordinate Program activities to ensure the integrity
and continuity of data records; including--
(A) calibration and inter-comparison of multiple
instruments that measure the same climatic variable or
set of variables;
(B) backup instruments to ensure data record
continuity; and
(C) documentation of changes in instruments,
observing practices, observing locations, sampling
rates, processing algorithms and other changes;
(4) establish ongoing activities for the development,
implementation, operation and management of climatic-specific
observational programs, with special emphasis on activities
that seek the most efficient and reliable means of observing
the climate system;
(5) coordinate activities of the Program that contribute to
the design, implementation, operation, and data management
activities of international climate system observation
networks; and
(6) establish and maintain a free and openly accessible
national data management system for the storage, maintenance,
and archival of climate observation data, with an emphasis on
facilitation access to, use of and interpretation of such data
by the scientific research community and the public.
(c) Coordination of Climate Modeling Activities.--At the direction
of the Committee, the Director of the Program shall develop and
implement activities within the Program that--
(1) establish and periodically revise a national climate
system modeling strategy designed to position the United States
as a world leader in all aspects of climate system modeling;
(2) coordinate Program activities designed to carry out
such a national climate system modeling strategy;
(3) carry out basic research, development and deployment of
innovative computational techniques for climate system
modeling;
(4) develop the intellectual and computational capacity to
carry out climate system modeling activities to assess the
potential consequences of climate change on the United States;
(5) carry out the continued development and inter-
comparison of United States climate models with special
emphasis on activities that--
(A) establish the ability of United States climate
models to successfully reproduce the historical climate
observational record;
(B) incorporate new climate system processes or
improve spatial or temporal resolution of climate model
simulations;
(C) develop standardized tools and structures for
climate model output, evaluation and programming
design;
(D) improve the accuracy and completeness of
supporting data sets used to drive climate models; and
(E) reduce uncertainty in assessments of climate
change and its impacts on the United States.
(6) coordinate activities of the Program that contribute to
the design, implementation, operation, and data analysis
activities of international climate system modeling inter-
comparisons and assessments; and
(7) establish and maintain a free and openly accessible
national data management system for the storage, maintenance,
and archival of climate model code, auxiliary data, and
results, with an emphasis on facilitating access to, use of and
interpretation of such data by the scientific research
community and the public.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2002 through 2004, to remain available until expended, and
thereafter such sums are necessary.
(e) Use of Existing Infrastructure.--In carrying out new activities
under subsections (b) and (c) of this section, the Program shall, where
possible, use and incorporate existing Program activities and
resources, such as Program Working Groups.
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