National Greenhouse Gas Emissions Inventory and Registry Act of 2003 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency to establish and administer: (1) a national greenhouse gas emissions information system to collect annual lists required to be submitted under this Act of an entity's greenhouse gas emissions and their sources; and (2) a national greenhouse gas registry to collect voluntarily reported information on emissions reductions.
Directs the Administrator and the Secretaries of Commerce, Agriculture, and Energy to develop greenhouse gas emissions quantification and verification protocols, electronic reporting methods, and accounting and reporting standards.
Requires the Administrator to publish an annual national greenhouse gas emissions inventory.
Expresses the sense of Congress that the United States should demonstrate international leadership and responsibility concerning the risks posed by climate change through meaningful reductions in greenhouse gas emissions and participation in international efforts, including treaties.
Rio Agreement Commission Establishment Act - Establishes the Commission to Implement the Rio Agreement (concerning greenhouse gas emission reductions).
Addresses greenhouse gas emissions issues through: (1) a national assessment of climate change impacts; (2) a review of emission reduction policies and measures; (3) environmental impact statements; (4) an emissions goal; (5) corporate environmental disclosure; (6) methodology for measuring emissions from imports; (7) a review of trade and innovation effects; (8) emissions reduction grants; and (9) modifications to revenue statutes.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 17 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 17
To initiate responsible Federal actions that will reduce the risks from
global warming and climate change to the economy, the environment, and
quality of life, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 7, 2003
Mr. Daschle (for himself, Mr. Jeffords, Mrs. Feinstein, Mr. Akaka, Mr.
Biden, Mrs. Clinton, Mr. Corzine, Mr. Dayton, Mr. Dodd, Mr. Kennedy,
Mr. Lieberman, Mr. Leahy, Mrs. Murray, Mr. Schumer, Mr. Lautenberg, and
Mr. Reid) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To initiate responsible Federal actions that will reduce the risks from
global warming and climate change to the economy, the environment, and
quality of life, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Global Climate
Security Act of 2003''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Convention.
TITLE I--SENSE OF THE SENATE ON CLIMATE CHANGE ACTION
Sec. 101. Sense of the Senate on climate change action.
TITLE II--NATIONAL GREENHOUSE GAS EMISSIONS INVENTORY AND REGISTRY
Sec. 201. Short title.
Sec. 202. Findings and purpose.
Sec. 203. Greenhouse gas emissions.
TITLE III--UNITED STATES RE-ENGAGEMENT IN INTERNATIONAL EFFORTS TO
REDUCE GREENHOUSE GAS EMISSIONS
Sec. 301. United States re-engagement in international efforts to
reduce greenhouse gas emissions.
TITLE IV--RIO AGREEMENT COMMISSION
Sec. 401. Short title.
Sec. 402. Findings.
Sec. 403. Definitions.
Sec. 404. Establishment of Commission.
Sec. 405. Duties.
Sec. 406. Powers.
Sec. 407. Commission personnel matters.
Sec. 408. Plan for minimizing impacts of climate change.
Sec. 409. Authorization of appropriations.
Sec. 410. Termination of Commission.
TITLE V--MISCELLANEOUS
Sec. 501. National assessment of climate change impacts.
Sec. 502. Review of emission reduction policies and measures.
Sec. 503. Climate change in environmental impact statements.
Sec. 504. Federal Government greenhouse gas emissions goal.
Sec. 505. Corporate environmental disclosure of climate change risks.
Sec. 506. Methodology for determining greenhouse gas emissions from
imports; review of trade and innovation
effects.
Sec. 507. Grants for reduction of greenhouse gas emissions.
Sec. 508. Report on modifications to revenue statutes.
SEC. 2. DEFINITION OF CONVENTION.
In this Act, the term ``Convention'' means the United Nations
Framework Convention on Climate Change, done at New York on May 9,
1992.
TITLE I--SENSE OF THE SENATE ON CLIMATE CHANGE ACTION
SEC. 101. SENSE OF THE SENATE ON CLIMATE CHANGE ACTION.
(a) Findings.--Based on the scientific evidence and the advice and
conclusions of the National Academy of Sciences, the Intergovernmental
Panel on Climate Change, and the National Assessment of the Potential
Consequences of Climate Variability and Change prepared under the
Global Change Research Act of 1990 (15 U.S.C. 2921 et seq.), Congress
finds that the many risks to the United States and the world from
global warming and climate change are substantial and require immediate
attention.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the President and Congress should make reducing and
preparing for the risks of global climate change a higher
priority;
(2) the President should reorient the recently announced
climate research plan away from a focus on whether climate
change is occurring toward actively achieving the commitments
of the United States under the Convention;
(3) such a plan should gather adequate information on
policies and strategies that the United States should embrace--
(A) to expeditiously and most cost-effectively
reduce greenhouse gas emissions;
(B) to limit the adverse property, economic, food
supply, ecosystem, and public health impacts of global
warming and climate change;
(C) to reduce the uncertainty associated with those
negative impacts and the timing of those negative
impacts; and
(D) to develop an early warning system of
biological and ecological indicators that will provide
sufficient advance notice of catastrophic or dramatic
climate system alterations so that developed and
developing countries can prepare for and respond to
regional, national, and local disasters;
(4) the President should resume support for, and Congress
should pass, legislation that will require reductions in carbon
dioxide, a major greenhouse gas, and other damaging pollutants
emitted by electric power plants; and
(5) as largest emitter of greenhouse gases in the world,
the United States should be the world leader in--
(A) creating and promoting emission-reducing
technologies and clean energy sources; and
(B) funding domestic and international programs and
projects to reduce emissions.
TITLE II--NATIONAL GREENHOUSE GAS EMISSIONS INVENTORY AND REGISTRY
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Greenhouse Gas Emissions
Inventory and Registry Act of 2003''.
SEC. 202. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) human activities have caused rapid increases in
atmospheric concentrations of carbon dioxide and other
greenhouse gases in the last century;
(2) according to the Intergovernmental Panel on Climate
Change and the National Research Council--
(A) the Earth has warmed in the last century; and
(B) the majority of the observed warming is
attributable to human activities;
(3) despite the fact that many uncertainties in climate
science remain, the potential impacts from human-induced
climate change pose a substantial risk that should be managed
in a responsible manner; and
(4) to begin to manage climate change risks, public and
private entities will need a comprehensive, accurate inventory,
registry, and information system of the sources and quantities
of United States greenhouse gas emissions.
(b) Purpose.--The purpose of this title is to establish a mandatory
greenhouse gas inventory, registry, and information system that--
(1) is complete, consistent, transparent, and accurate;
(2) will create accurate data that can be used by public
and private entities to design efficient and effective
greenhouse gas emission reduction strategies;
(3) will encourage greenhouse gas emission reductions; and
(4) can be used to establish a baseline in the event of any
future greenhouse gas emission reduction requirements affecting
major emitters in the United States.
SEC. 203. GREENHOUSE GAS EMISSIONS.
The Clean Air Act (42 U.S.C. 1701 et seq.) is amended by adding at
the end the following:
``TITLE VII--GREENHOUSE GAS EMISSIONS
``SEC. 701. DEFINITIONS.
``In this title:
``(1) Covered entity.--The term `covered entity' means an
entity that emits more than a threshold quantity of greenhouse
gas emissions.
``(2) Direct emissions.--The term `direct emissions' means
greenhouse gas emissions from a source that is owned or
controlled by an entity.
``(3) Entity.--The term `entity' includes a firm, a
corporation, an association, a partnership, and a Federal
agency.
``(4) Greenhouse gas.--The term `greenhouse gas' means--
``(A) carbon dioxide;
``(B) methane;
``(C) nitrous oxide;
``(D) hydrofluorocarbons;
``(E) perfluorocarbons; and
``(F) sulfur hexafluoride.
``(5) Greenhouse gas emissions.--The term `greenhouse gas
emissions' means emissions of a greenhouse gas, including--
``(A) stationary combustion source emissions, which
are emitted as a result of combustion of fuels in
stationary equipment such as boilers, furnaces,
burners, turbines, heaters, incinerators, engines,
flares, and other similar sources;
``(B) process emissions, which consist of emissions
from chemical or physical processes other than
combustion;
``(C) fugitive emissions, which consist of
intentional and unintentional emissions from--
``(i) equipment leaks such as joints,
seals, packing, and gaskets; and
``(ii) piles, pits, cooling towers, and
other similar sources; and
``(D) mobile source emissions, which are emitted as
a result of combustion of fuels in transportation
equipment such as automobiles, trucks, trains,
airplanes, and vessels.
``(6) Greenhouse gas emissions record.--The term
`greenhouse gas emissions record' means all of the historical
greenhouse gas emissions and project reduction data submitted
by an entity under this title, including any adjustments to
such data under section 704(c).
``(7) Greenhouse gas report.--The term `greenhouse gas
report' means an annual list of the greenhouse gas emissions of
an entity and the sources of those emissions.
``(8) Indirect emissions.--The term `indirect emissions'
means greenhouse gas emissions that are a consequence of the
activities of an entity but that are emitted from sources owned
or controlled by another entity.
``(9) National greenhouse gas emissions information
system.--The term `national greenhouse gas emissions
information system' means the information system established
under section 702(a).
``(10) National greenhouse gas emissions inventory.--The
term `national greenhouse gas emissions inventory' means the
national inventory of greenhouse gas emissions established
under section 705.
``(11) National greenhouse gas registry.--The term
`national greenhouse gas registry' means the national
greenhouse gas registry established under section 703(a).
``(12) Project reduction.--The term `project reduction'
means--
``(A) a greenhouse gas emission reduction achieved
by carrying out a greenhouse gas emission reduction
project; and
``(B) sequestration achieved by carrying out a
sequestration project.
``(13) Reporting entity.--The term `reporting entity' means
an entity that reports to the Administrator under subsection
(a) or (b) of section 704.
``(14) Sequestration.--The term `sequestration' means the
long-term separation, isolation, or removal of greenhouse gases
from the atmosphere, including through a biological or geologic
method such as reforestation or an underground reservoir.
``(15) Threshold quantity.--The term `threshold quantity'
means a threshold quantity for mandatory greenhouse gas
reporting established by the Administrator under section
704(a)(3).
``(16) Verification.--The term `verification' means the
objective and independent assessment of whether a greenhouse
gas report submitted by a reporting entity accurately reflects
the greenhouse gas impact of the reporting entity.
``SEC. 702. NATIONAL GREENHOUSE GAS EMISSIONS INFORMATION SYSTEM.
``(a) Establishment.--In consultation with the Secretary of
Commerce, the Secretary of Agriculture, the Secretary of Energy,
States, the private sector, and nongovernmental organizations concerned
with establishing standards for reporting of greenhouse gas emissions,
the Administrator shall establish and administer a national greenhouse
gas emissions information system to collect information reported under
section 704(a).
``(b) Submission to Congress of Draft Design.--Not later than 180
days after the date of enactment of this title, the Administrator shall
submit to Congress a draft design of the national greenhouse gas
emissions information system.
``(c) Availability of Data to the Public.--The Administrator shall
publish all information in the national greenhouse gas emissions
information system through the website of the Environmental Protection
Agency, except in any case in which publishing the information would
reveal a trade secret or disclose information vital to national
security.
``(d) Relationship to Other Greenhouse Gas Registries.--To the
extent practicable, the Administrator shall ensure coordination between
the national greenhouse gas emissions information system and existing
and developing Federal, regional, and State greenhouse gas registries.
``(e) Integration With Other Environmental Information.--To the
extent practicable, the Administrator shall integrate information in
the national greenhouse gas emissions information system with other
environmental information managed by the Administrator.
``SEC. 703. NATIONAL GREENHOUSE GAS REGISTRY.
``(a) Establishment.--In consultation with the Secretary of
Commerce, the Secretary of Agriculture, the Secretary of Energy,
States, the private sector, and nongovernmental organizations concerned
with establishing standards for reporting of greenhouse gas emissions,
the Administrator shall establish and administer a national greenhouse
gas registry to collect information reported under section 704(b).
``(b) Availability of Data to the Public.--The Administrator shall
publish all information in the national greenhouse gas registry through
the website of the Environmental Protection Agency, except in any case
in which publishing the information would reveal a trade secret or
disclose information vital to national security.
``(c) Relationship to Other Greenhouse Gas Registries.--To the
maximum extent feasible and practicable, the Administrator shall ensure
coordination between the national greenhouse gas registry and existing
and developing Federal, regional, and State greenhouse gas registries.
``(d) Integration With Other Environmental Information.--To the
maximum extent practicable, the Administrator shall integrate all
information in the national greenhouse gas registry with other
environmental information collected by the Administrator.
``SEC. 704. REPORTING.
``(a) Mandatory Reporting to National Greenhouse Gas Emissions
Information System.--
``(1) Initial reporting requirements.--
``(A) In general.--Not later than April 30, 2004,
in accordance with this paragraph and the regulations
promulgated under section 706(e)(1), each covered
entity shall submit to the Administrator, for inclusion
in the national greenhouse gas emissions information
system, the greenhouse gas report of the covered entity
with respect to--
``(i) calendar year 2003; and
``(ii) each greenhouse gas emitted by the
covered entity in an amount that exceeds the
applicable threshold quantity.
``(B) Required elements.--Each greenhouse gas
report submitted under subparagraph (A)--
``(i) shall include estimates of direct
stationary combustion source emissions;
``(ii) shall express greenhouse gas
emissions in metric tons of the carbon dioxide
equivalent of each greenhouse gas emitted;
``(iii) shall specify the sources of
greenhouse gas emissions that are included in
the greenhouse gas report;
``(iv) shall be reported on an entity-wide
basis and on a facility-wide basis; and
``(v) to the maximum extent practicable,
shall be reported electronically to the
Administrator in such form as the Administrator
may require.
``(C) Method of reporting of entity-wide
emissions.--Under subparagraph (B)(iv), entity-wide
emissions shall be reported on the bases of financial
control and equity share in a manner consistent with the financial
reporting practices of the covered entity.
``(2) Final reporting requirements.--
``(A) In general.--Not later than April 30, 2005,
and each April 30 thereafter (except as provided in
subparagraph (B)(vii)), in accordance with this
paragraph and the regulations promulgated under section
706(e)(2), each covered entity shall submit to the
Administrator the greenhouse gas report of the covered
entity with respect to--
``(i) the preceding calendar year; and
``(ii) each greenhouse gas emitted by the
covered entity in an amount that exceeds the
applicable threshold quantity.
``(B) Required elements.--Each greenhouse gas
report submitted under subparagraph (A) shall include--
``(i) the required elements specified in
paragraph (1);
``(ii) estimates of indirect emissions from
imported electricity, heat, and steam;
``(iii) estimates of process emissions
described in section 701(5)(B);
``(iv) estimates of fugitive emissions
described in section 701(5)(C);
``(v) estimates of mobile source emissions
described in section 701(5)(D), in such form as
the Administrator may require;
``(vi) in the case of a covered entity that
is a forest product entity, estimates of direct
stationary source emissions, including
emissions resulting from combustion of biomass;
``(vii) in the case of a covered entity
that owns more than 250,000 acres of
timberland, estimates, by State, of the timber
and carbon stocks of the covered entity, which
estimates shall be updated every 5 years; and
``(viii) a description of any adjustments
to the greenhouse gas emissions record of the
covered entity under subsection (c).
``(3) Establishment of threshold quantities.--For the
purpose of reporting under this subsection, the Administrator
shall establish threshold quantities of emissions for each
combination of a source and a greenhouse gas that is subject to
the mandatory reporting requirements under this subsection.
``(b) Voluntary Reporting to National Greenhouse Gas Registry.--
``(1) In general.--Not later than April 30, 2004, and each
April 30 thereafter, in accordance with this subsection and the
regulations promulgated under section 706(f), an entity may
voluntarily report to the Administrator, for inclusion in the
national greenhouse gas registry, with respect to the preceding
calendar year and any greenhouse gas emitted by the entity--
``(A) project reductions;
``(B) transfers of project reductions to and from
any other entity;
``(C) project reductions and transfers of project
reductions outside the United States;
``(D) indirect emissions that are not required to
be reported under subsection (a)(2)(B)(ii) (such as
product transport, waste disposal, product
substitution, travel, and employee commuting); and
``(E) product use phase emissions.
``(2) Types of activities.--Under paragraph (1), an entity
may report activities that reduce greenhouse gas emissions or
sequester a greenhouse gas, including--
``(A) fuel switching;
``(B) energy efficiency improvements;
``(C) use of renewable energy;
``(D) use of combined heat and power systems;
``(E) management of cropland, grassland, and
grazing land;
``(F) forestry activities that increase carbon
stocks;
``(G) carbon capture and storage;
``(H) methane recovery; and
``(I) carbon offset investments.
``(c) Adjustment Factors.--
``(1) In general.--Each reporting entity shall adjust the
greenhouse gas emissions record of the reporting entity in
accordance with this subsection.
``(2) Significant structural changes.--
``(A) In general.--A reporting entity that
experiences a significant structural change in the
organization of the reporting entity (such as a merger,
major acquisition, or divestiture) shall adjust its
greenhouse gas emissions record for preceding years so
as to maintain year-to-year comparability.
``(B) Mid-year changes.--In the case of a reporting
entity that experiences a significant structural change
described in subparagraph (A) during the middle of a
year, the greenhouse gas emissions record of the
reporting entity for preceding years shall be adjusted
on a pro-rata basis.
``(3) Calculation changes and errors.--The greenhouse gas
emissions record of a reporting entity for preceding years
shall be adjusted for--
``(A) changes in calculation methodologies; or
``(B) errors that significantly affect the quantity
of greenhouse gases in the greenhouse gas emissions
record.
``(4) Organizational growth or decline.--The greenhouse gas
emissions record of a reporting entity for preceding years
shall not be adjusted for any organizational growth or decline
of the reporting entity such as--
``(A) an increase or decrease in production output;
``(B) a change in product mix;
``(C) a plant closure; and
``(D) the opening of a new plant.
``(5) Explanations of adjustments.--A reporting entity
shall explain, in a statement included in the greenhouse gas
report of the reporting entity for a year--
``(A) any significant adjustment in the greenhouse
gas emissions record of the reporting entity; and
``(B) any significant change between the greenhouse
gas emissions record for the preceding year and the
greenhouse gas emissions reported for the current year.
``(d) Quantification and Verification Protocols and Tools.--
``(1) In general.--The Administrator and the Secretary of
Commerce, the Secretary of Agriculture, and the Secretary of
Energy shall jointly work with the States, the private sector,
and nongovernmental organizations to develop--
``(A) protocols for quantification and verification
of greenhouse gas emissions;
``(B) electronic methods for quantification and
reporting of greenhouse gas emissions; and
``(C) greenhouse gas accounting and reporting
standards.
``(2) Best practices.--The protocols and methods developed
under paragraph (1) shall conform, to the maximum extent
practicable, to the best practice protocols that have the
greatest support of experts in the field.
``(3) Incorporation into regulations.--The Administrator
shall incorporate the protocols developed under paragraph
(1)(A) into the regulations promulgated under section 706.
``(4) Outreach program.--The Administrator, the Secretary
of Commerce, the Secretary of Agriculture, and the Secretary of
Energy shall jointly conduct an outreach program to provide
information to all reporting entities and the public on the
protocols and methods developed under this subsection.
``(e) Verification.--
``(1) Provision of information by reporting entities.--Each
reporting entity shall provide information sufficient for the
Administrator to verify, in accordance with greenhouse gas
accounting and reporting standards developed under subsection
(d)(1)(C), that the greenhouse gas report of the reporting
entity--
``(A) has been accurately reported; and
``(B) in the case of each project reduction,
represents actual reductions in greenhouse gas
emissions or actual increases in net sequestration, as
applicable.
``(2) Independent third-party verification.--A reporting
entity may--
``(A) obtain independent third-party verification;
and
``(B) present the results of the third-party
verification to the Administrator for consideration by
the Administrator in carrying out paragraph (1).
``(f) Enforcement.--The Administrator may bring a civil action in
United States district court against a covered entity that fails to
comply with subsection (a), or a regulation promulgated under section
706(e), to impose a civil penalty of not more than $25,000 for each day
that the failure to comply continues.
``SEC. 705. NATIONAL GREENHOUSE GAS EMISSIONS INVENTORY.
``Not later than April 30, 2003, and each April 30 thereafter, the
Administrator shall publish a national greenhouse gas emissions
inventory that includes--
``(1) comprehensive estimates of the quantity of United
States greenhouse gas emissions for the second preceding
calendar year, including--
``(A) for each greenhouse gas, an estimate of the
quantity of emissions contributed by each key source
category;
``(B) a detailed analysis of trends in the
quantity, composition, and sources of United States
greenhouse gas emissions; and
``(C) a detailed explanation of the methodology
used in developing the national greenhouse gas
emissions inventory; and
``(2) a detailed analysis of the information reported to
the national greenhouse gas emissions information system and
the national greenhouse gas registry.
``SEC. 706. REGULATIONS.
``(a) In General.--The Administrator may promulgate such
regulations as are necessary to carry out this title.
``(b) Best Practices.--In developing regulations under this
section, the Administrator shall seek to leverage leading protocols for
the measurement, accounting, reporting, and verification of greenhouse
gas emissions.
``(c) National Greenhouse Gas Emissions Information System.--Not
later than January 31, 2004, the Administrator shall promulgate such
regulations as are necessary to establish the national greenhouse gas
emissions information system.
``(d) National Greenhouse Gas Registry.--Not later than January 31,
2004, the Administrator shall promulgate such regulations as are
necessary to establish the national greenhouse gas registry.
``(e) Mandatory Reporting Requirements.--
``(1) Initial reporting requirements.--Not later than
January 31, 2004, the Administrator shall promulgate such
regulations as are necessary to implement the initial mandatory
reporting requirements under section 704(a)(1).
``(2) Final reporting requirements.--Not later than January
31, 2005, the Administrator shall promulgate such regulations
as are necessary to implement the final mandatory reporting
requirements under section 704(a)(2).
``(f) Voluntary Reporting Provisions.--Not later than January 31,
2004, the Administrator shall promulgate such regulations and issue
such guidance as are necessary to implement the voluntary reporting
provisions under section 704(b).
``(g) Adjustment Factors.--Not later than January 31, 2004, the
Administrator shall promulgate such regulations as are necessary to
implement the adjustment factors under section 704(c).''.
TITLE III--UNITED STATES RE-ENGAGEMENT IN INTERNATIONAL EFFORTS TO
REDUCE GREENHOUSE GAS EMISSIONS
SEC. 301. UNITED STATES RE-ENGAGEMENT IN INTERNATIONAL EFFORTS TO
REDUCE GREENHOUSE GAS EMISSIONS.
(a) Findings.--Congress finds that--
(1) evidence continues to mount that increases in
atmospheric concentrations of manmade greenhouse gases are
contributing to global climate change;
(2) the Intergovernmental Panel on Climate Change has
concluded that--
(A) ``there is new and stronger evidence that most
of the warming observed over the last 50 years is
attributable to human activities''; and
(B) the Earth's average temperature can be expected
to rise between 2.5 and 10.4 degrees Fahrenheit in this
century;
(3) in 2001, the National Academy of Sciences confirmed the
findings of the Panel, stating that--
(A) ``the IPCC's conclusion that most of the
observed warming of the last 50 years is likely to have
been due to the increase of greenhouse gas
concentrations accurately reflects the current thinking
of the scientific community on this issue''; and
(B) ``there is general agreement that the observed
warming is real and particularly strong within the past
twenty years'';
(4) the Panel has stated that, in the past 40 years, the
global average sea level has risen, the heat content of the
ocean has increased, and snow cover and ice extent have
decreased, resulting in the threat of inundation of low-lying
island countries and coastal regions throughout the world;
(5) in October 2000, a United States Government report
found that global climate change may harm the United States
by--
(A) altering crop yields;
(B) causing entire ecosystems to disappear;
(C) accelerating the rise of sea levels; and
(D) increasing the spread of tropical infectious
diseases;
(6) in 1992, the United States ratified the Convention, the
ultimate objective of which is the ``stabilization of
greenhouse gas concentrations in the atmosphere at a level that
would prevent dangerous anthropogenic interference with the
climate system. Such a level should be achieved within a time-
frame sufficient to allow ecosystems to adapt naturally to
climate change, to ensure that food production is not
threatened and to enable economic development to proceed in a
sustainable manner'';
(7) the Convention stated in part that the parties to the
Convention are to implement policies ``with the aim of
returning . . . to their 1990 levels these anthropogenic
emissions of carbon dioxide and other greenhouse gases'' under
the principle that ``[p]olicies and measures . . . should be
appropriate for the specific conditions of each Party and
should be integrated with national development programmes,
taking into account that economic development is essential for
adopting measures to address climate change'';
(8) there is a shared international responsibility to
address the problem of climate change, since--
(A) industrial countries are the largest historic
and current emitters of greenhouse gases; and
(B) the emissions of developing countries will
significantly increase in the future;
(9) the Convention further stated that--
(A) ``developed country Parties should take the
lead in combating climate change and the adverse
effects thereof'', as those countries are the largest
historic and current emitters of greenhouse gases; and
(B) ``steps required to understand and address
climate change will be environmentally, socially and
economically most effective if they are based on
relevant scientific, technical and economic
considerations and continually re-evaluated in the
light of new findings in these areas'';
(10)(A) Senate Resolution 98 of the 105th Congress (which
stated that developing countries must also be included in any
future, binding climate change treaty and that such a treaty
must not result in serious harm to the United States economy)
should not cause the United States to abandon its shared
responsibility to help reduce the risks and impacts of climate
change; and
(B) future international efforts in this regard should
focus on recognizing the equitable responsibilities for
addressing climate change by all countries, including
commitments by the largest developing country emitters in a
future, binding climate change treaty;
(11) it is the position of the United States that the
United States will not interfere with the plans of any country
that chooses to ratify and implement the Kyoto Protocol to the
Convention;
(12) American businesses need to know how governments
worldwide will address the risks of climate change; and
(13) the United States benefits from investments in the
research, development, and deployment of a range of clean
energy and efficiency technologies that can--
(A) reduce the risks of climate change and the
impacts of climate change; and
(B) make the United States economy more productive,
bolster energy security, create jobs, and protect the
environment.
(b) Sense of Congress.--It is the sense of Congress that the United
States should demonstrate international leadership and responsibility
in reducing the health, environmental, and economic risks posed by
climate change by--
(1) taking responsible action to ensure significant and
meaningful reductions in emissions of greenhouse gases from all
sectors of the economy;
(2) creating flexible international and domestic mechanisms
(including joint implementation, technology deployment,
tradable credits for emissions reductions, and carbon
sequestration projects) that will reduce, avoid, and sequester
greenhouse gas emissions;
(3) complying with the commitments of the United States,
including funding obligations, under the Convention; and
(4) participating in international negotiations, including
putting forward a proposal to the Conference of the Parties to
the Convention, with the objective of securing United States
participation in a future binding climate change treaty in a
manner that--
(A) is consistent with the environmental objectives
of the Convention;
(B) protects the economic interests of the United
States; and
(C) recognizes the shared international
responsibility for addressing climate change, including
participation by developing countries.
TITLE IV--RIO AGREEMENT COMMISSION
SEC. 401. SHORT TITLE.
This title may be cited as the ``Rio Agreement Commission
Establishment Act''.
SEC. 402. FINDINGS.
Congress finds that--
(1) strong evidence of human-induced global climate change
and warming continues to accumulate;
(2) an overwhelming majority of the world's scientists
believe that anthropogenic sources of greenhouse gases are
contributing to increasing concentrations of those gases in the
atmosphere;
(3) in 1992, the United States Senate ratified the
Convention, which committed the country to aiming to return
greenhouse gas emissions in the United States, individually or
jointly with other countries, to 1990 levels by 2000;
(4) the United States is now more than 13 percent above
that target;
(5) the United States should exercise strong leadership and
expeditiously take reasonable and cost-effective steps to meet
its commitment under the Convention;
(6) the establishment of an independent commission to
advise Congress and the Federal Government would--
(A) minimize the effects of partisan politics and
help surmount institutional barriers relating to
meeting that commitment; and
(B) allow the United States to make progress on
meeting that commitment; and
(7) the potential damage to the United States economy and
national interests from the inability of critical
infrastructure, food production, or natural systems to adapt
quickly enough to climate variability or global warming
warrants taking action now rather than waiting until the costs
of that damage are exorbitant.
SEC. 403. DEFINITIONS.
In this title:
(1) Commission.--The term ``Commission'' means the
Commission to Implement the Rio Agreement established by
section 404.
(2) Council.--The term ``Council'' means the Council on
Environmental Quality.
(3) Session day.--The term ``session day'' means a day on
which both Houses of Congress are in session.
SEC. 404. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Commission to Implement the Rio Agreement''.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 11
members, of whom--
(A) 3 members shall be appointed by the President;
(B) subject to paragraph (4), 4 members shall be
appointed by the President pro tempore of the Senate,
on the recommendation of the majority and minority
leaders of the Senate; and
(C) subject to paragraph (4), 4 members shall be
appointed by the Speaker of the House of
Representatives, in consultation with the minority
leader of the House of Representatives.
(2) Expertise.--A member of the Commission shall be an
expert in a field related to--
(A) the science of assessing climate change;
(B) the effects of climate change on the United
States; or
(C) the technological and economic tools necessary
to reduce net greenhouse gas emissions.
(3) Prohibition on federal government employment.--A member
of the Commission shall not be an employee of the Federal
Government.
(4) Appointments.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Commission shall be appointed by
and with the advice and consent of the Senate.
(B) Alternative appointment.--If the appointment
and confirmation by the Senate of at least 7 members of
the Commission is not completed by the date that is 45
session days after the date of enactment of this Act,
the President shall, on that date, arrange for
the National Academy of Sciences or the National Science Foundation to
establish and operate the Commission and fulfill the statutory mandate
of the Commission.
(c) Term; Vacancies.--
(1) Term.--A member shall be appointed for the life of the
Commission.
(2) Vacancies.--A vacancy on the Commission--
(A) shall not affect the powers of the Commission;
and
(B) shall be filled in the same manner as the
original appointment was made.
(d) Initial Meeting.--Not later than 30 days after the date on
which 7 members of the Commission have been appointed under subsection
(b) or the Commission is otherwise established under subsection
(b)(4)(B), the Commission shall hold the initial meeting of the
Commission.
(e) Meetings.--The Commission shall meet at the call of the
Chairperson.
(f) Quorum.--Seven members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings.
(g) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among the members of the
Commission.
SEC. 405. DUTIES.
(a) Review and Report.--
(1) Review.--
(A) In general.--The Commission shall review the
measures that are necessary to reduce net greenhouse
gas emissions in the United States, and to the maximum
extent possible in the world, below the levels that
would otherwise result in a doubling of concentrations
of greenhouse gases in the atmosphere from 1870 levels.
(B) Emphasis.--The review under subparagraph (A)
shall emphasize the need for those countries, like the
United States, that have contributed and will
contribute most greatly to the elevated concentrations
described in that subparagraph to take the greatest and
swiftest steps to reduce emissions in the near term to
avert a doubling described in that subparagraph.
(C) Types of measures.--The measures to be reviewed
under subparagraph (A) shall include participation in
any global or domestic carbon trading system or other
international institution established to achieve global
carbon emission reductions.
(2) Recommendations.--The Commission shall develop
recommendations concerning--
(A) the measures described in paragraph (1)(A) that
the Commission determines to be appropriate for
implementation, giving preference to cost-effective and
technologically feasible measures that will--
(i) produce measurable net reductions in
emissions described in paragraph (1)(A); and
(ii) minimize any adverse impacts on the
economy of the United States; and
(B) the text of legislation that would be necessary
to effectuate the measures.
(3) Report.--
(A) In general.--Not later than June 1, 2004, the
Commission shall submit to Congress a report that
contains--
(i) a detailed statement of the findings
and conclusions of the Commission; and
(ii) the recommendations of the Commission
for such legislation (in specific legislative
language) and administrative actions as the
Commission considers appropriate.
(B) Approval.--The report under subparagraph (A)
shall be approved by the Commission by a majority vote
of the members that have been appointed under section
404(b) as of the date of the vote.
(b) Budget.--
(1) Submission to congress.--Not later than 30 days after
the date of enactment of this Act, the Commission shall submit
to Congress and the President a proposed budget for the
Commission.
(2) Funding.--The President shall provide, from funds
available to Federal agencies, such sums as are necessary to
carry out the duties of the Commission until the date on which
funds are made available under section 409.
SEC. 406. POWERS.
(a) Hearings.--The Commission may hold such hearings, sit and act
at such times and places, take such testimony, and receive such
evidence as the Commission considers advisable to carry out this title.
(b) Information From Federal Agencies.--
(1) In general.--The Commission may secure directly from a
Federal agency such information as the Commission considers
necessary to carry out this title.
(2) Provision of information.--On request of the
Chairperson of the Commission, the head of the agency shall
provide the information to the Commission.
(3) Coordination by council on environmental quality.--The
Chairman of the Council on Environmental Quality shall
coordinate with the Commission in ensuring that Federal
agencies are responsive in assisting the Commission in carrying
out its duties under this title.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
agencies of the Federal Government.
(d) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
SEC. 407. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--A member of the Commission shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each day (including
travel time) during which the member is engaged in the performance of
the duties of the Commission.
(b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate an executive director and
such other additional personnel as are necessary to enable the
Commission to perform the duties of the Commission.
(2) Confirmation of executive director.--The employment of
an executive director shall be subject to confirmation by the
Commission.
(3) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of the executive director and other
personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United
States Code, relating to classification of positions
and General Schedule pay rates.
(B) Maximum rate of pay.--The rate of pay for the
executive director and other personnel may not exceed
the rate payable for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(d) Detail of Federal Government Employees.--
(1) In general.--An employee of the Federal Government may
be detailed to the Commission without reimbursement.
(2) Civil service status.--The detail of the employee shall
be without interruption or loss of civil service status or
privilege.
(e) Procurement of Temporary and Intermittent Services.--The
Chairperson of the Commission may procure temporary and intermittent
services in accordance with section 3109(b) of title 5, United States
Code, at rates for individuals that do not exceed the daily equivalent
of the annual rate of basic pay prescribed for level V of the Executive
Schedule under section 5316 of that title.
SEC. 408. PLAN FOR MINIMIZING IMPACTS OF CLIMATE CHANGE.
(a) In General.--Not later than October 1, 2004, the Council on
Environmental Quality shall develop and submit to Congress a plan for
minimizing the risks associated with global warming and climate change
to public health and safety, community infrastructure, private
property, biological diversity, ecosystems, and the food supply, as
outlined in the national assessment submitted under section 501.
(b) Required Elements.--The plan shall--
(1) include specific legislative recommendations and
program funding levels; and
(2) emphasize strategies that would not significantly
diminish the quality of life in the United States.
(c) Consultation.--In developing the plan, the Council shall
consult with--
(1) the Committee on Earth and Environmental Sciences
established under section 102 of the Global Change Research Act
of 1990 (15 U.S.C. 2932);
(2) participants in the United States Global Change
Research Program established under section 103 of that Act (15
U.S.C. 2933);
(3) State, local, and tribal governments;
(4) other appropriate Federal agencies; and
(5) members of the public.
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission and the
Council such sums as are necessary to carry out this title for fiscal
years 2003 through 2005, to remain available until expended.
SEC. 410. TERMINATION OF COMMISSION.
The Commission shall terminate 90 days after the date on which the
Commission submits the report of the Commission under section
405(a)(3).
TITLE V--MISCELLANEOUS
SEC. 501. NATIONAL ASSESSMENT OF CLIMATE CHANGE IMPACTS.
(a) In General.--Not later than October 1, 2004, and the end of
each 4-year period thereafter, the President shall submit to Congress
an assessment of the potential negative economic, public health, and
environmental impacts on the United States associated with global
warming and climate change.
(b) Required Elements.--The assessment under subsection (a) shall--
(1) project the possible and the likely effects on the
various regions of the United States and sectors of the economy
in 2020, 2050, and 2075, using the most probable atmospheric
concentrations of greenhouse gases based on existing emission
trends; and
(2) address the possible political, economic, and
environmental concerns and challenges that may confront the
United States because of negative impacts associated with
global warming and climate change in the United States
elsewhere in the world.
(c) Consultation.--The assessment shall be conducted in broad
consultation with the States, local governments, academic institutions,
industry, investors, insurers, environmental organizations, planners,
infrastructure experts, the public health community, and other relevant
entities.
SEC. 502. REVIEW OF EMISSION REDUCTION POLICIES AND MEASURES.
(a) Publication.--Not later than March 1, 2004, and annually
thereafter, the President shall publish, in accordance with the
commitment of the United States under the Convention, a description of
each policy, program, and other measure that the United States has
adopted or implemented in the previous year that is aimed at reducing
greenhouse gas emissions to 1990 levels in the United States.
(b) Required Elements.--The publication under subsection (a) shall
include--
(1)(A) an identification of each Federal program designed
to result in reductions in greenhouse gas emissions; and
(B)(i) the level of funding for the Federal program for the
current fiscal year; and
(ii) the level of funding requested for the Federal program
for the following fiscal year in the budget of the United
States Government submitted by the President for the fiscal
year under section 1105 of title 31, United States Code; and
(2) an evaluation of the ability of each policy, program,
and other measure referred to in subsection (a) to reduce
effectively greenhouse gas emissions in the short term and the
long term.
SEC. 503. CLIMATE CHANGE IN ENVIRONMENTAL IMPACT STATEMENTS.
In any case in which a Federal agency prepares an environmental
impact statement or similar analysis required under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Federal
agency shall consider and evaluate--
(1) the impact that the Federal action or project
necessitating the statement or analysis will have in terms of
net changes in greenhouse gas emissions; and
(2) how climate changes may affect the action or project in
the short term and the long term.
SEC. 504. FEDERAL GOVERNMENT GREENHOUSE GAS EMISSIONS GOAL.
(a) Actions.--Not later than January 1, 2004, the President shall
take such actions as are necessary, including preparing and submitting
to Congress any necessary statutory changes, to reduce the net
greenhouse gas emissions of the Federal Government to 1990 levels by
2013, including steps to procure--
(1) only highly energy-efficient products, services, and
facilities;
(2) electricity generated from renewable sources; and
(3) alternative fuel vehicles.
(b) Report.--The President shall direct the appropriate Federal
agencies to study and submit to Congress, not later than July 1, 2005,
a report on the most cost-effective policy options through which the
Federal Government could reduce the net greenhouse gas emissions of the
Federal Government to zero by 2025.
SEC. 505. CORPORATE ENVIRONMENTAL DISCLOSURE OF CLIMATE CHANGE RISKS.
(a) Regulations by Securities and Exchange Commission.--Not later
than 2 years after the date of enactment of this Act, the Securities
and Exchange Commission should promulgate regulations for the purposes
of section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m)
directing each issuer of securities under that Act to inform securities
investors of the risks relating to--
(1) the financial exposure of the issuer due to the net
greenhouse gas emissions of the issuer; and
(2) the potential economic impacts of global warming on the
interests of the issuer.
(b) Uniform Format for Disclosure.--In carrying out subsection (a),
the Securities and Exchange Commission should enter into an agreement
with the Financial Accountings Standards Board, or another appropriate
voluntary standards setting organization, to develop a uniform format
for disclosing to securities investors information on the risks
described in subsection (a).
(c) Interim Interpretive Release.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Securities and Exchange Commission
should issue an interpretive release clarifying that under items 101
and 303 of Regulation S-K (as in effect on the date of enactment of
this Act)--
(A) the commitments of the United States to reduce
emissions of greenhouse gases under the Convention are
considered to be a material effect; and
(B) global warming constitutes a known trend.
(2) Period of effectiveness.--The interpretive release
issued under paragraph (1) should remain in effect until the
effective date of the final regulations promulgated under
subsection (a).
SEC. 506. METHODOLOGY FOR DETERMINING GREENHOUSE GAS EMISSIONS FROM
IMPORTS; REVIEW OF TRADE AND INNOVATION EFFECTS.
(a) Methodology.--
(1) In general.--Not later than January 1, 2005, the
Secretary of Commerce, in consultation with the United States
Trade Representative, the Secretary of the Treasury, the
Secretary of Agriculture, the Secretary of Energy, and the
Administrator of the Environmental Protection Agency, shall
develop a methodology for determining the greenhouse gases
emitted in the production and delivery of goods and services
imported into the United States.
(2) Level of specificity.--The methodology developed under
paragraph (1) shall be specific enough to provide a basis for
the imposition of tariffs or import fees in the event that the
United States adopts a binding commitment to reduce greenhouse
gas emissions and an exporting country does not adopt such a
similar commitment, thereby creating a trade disadvantage for
United States entities.
(b) Review.--Not later than June 1, 2004, and annually thereafter,
the Secretary of Commerce, in consultation with the United States Trade
Representative, the Secretary of the Treasury, the Secretary of
Agriculture, the Secretary of Energy, and the Administrator of the
Environmental Protection Agency, shall review and report to Congress on
the trade, economic, and technology innovation effects of any failure
on the part of the United States to adopt policies and measures that
require or result in reductions in total greenhouse gas emissions in
the United States consistent with the goals for the United States under
the Convention.
SEC. 507. GRANTS FOR REDUCTION OF GREENHOUSE GAS EMISSIONS.
(a) In General.--The President, acting through the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Energy, and
the Administrator of the Environmental Protection Agency, may provide
grants to States or local governments for the purpose of--
(1) preparing, completing, or operating greenhouse gas data
collection, inventory, or trading systems;
(2) implementing greenhouse gas emission reduction or
sequestration projects, including programs conducted jointly
with industry or nonprofit organizations; and
(3) conducting research, long-term planning, and modeling
efforts intended to reduce net greenhouse gas emissions in the
United States through sustainable economic development.
(b) Set Aside for Most Effective Projects.--For each fiscal year,
50 percent of the grant funds awarded under subsection (a) shall be
awarded competitively for projects that will reduce net greenhouse gas
emissions--
(1) in the greatest quantity;
(2) most rapidly; and
(3) with the greatest degree of permanence.
(c) Annual Reporting by Grant Recipients.--As a condition of
receipt of a grant under this section, each recipient shall submit to
the Federal agency that provided the grant an annual report on the
extent to which the emission reductions that were anticipated in the
application for the grant have occurred.
(d) Annual Summary.--The President shall annually compile and
publish in the Federal Register a summary of--
(1) the grants made under this section; and
(2) the net emission reductions due to the activities
assisted with the grants.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000,000 for each fiscal
year.
SEC. 508. REPORT ON MODIFICATIONS TO REVENUE STATUTES.
Not later than January 1, 2004, the Secretary of the Treasury, in
consultation with the heads of other appropriate Federal agencies,
shall submit to Congress a report making recommendations for
modifications to the Internal Revenue Code and other statutes affecting
revenue that are expected to result in the reduction of net greenhouse
gas emissions in the United States below the levels that would
otherwise result in a doubling of concentrations of greenhouse gases in
the atmosphere from 1870 levels.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR 1/9/2003 S134)
Read twice and referred to the Committee on Environment and Public Works.
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