National Security and Climate Change Proposals from the 110th Congress

S. 1538:   Intelligence Authorization Act of 2008. Among other provisions authorizing appropriations for the intelligence and intelligence related activities of the United States Government, this bill directs the Director of National Intelligence (DNI) to, not later than 270 days after enactment, submit to Congress a National Intelligence Estimate (NIE) on the anticipated geopolitical effects of global climate change and the implications of such effects on the national security of the United States. (This provision was included in the form of an amendment sponsored by Sens. Feinstein, Hagel, Warner, Whitehouse, Snowe, and Mikulski).

 

S. 2191:  

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The Lieberman-Warner Climate Security Act (L-W CSA). This bill would establish a cap-and-trade program within the United States requiring a 70% reduction in greenhouse gas (GHG) emissions from covered sources, which represent over 80% of total U.S. emissions. The bill as amended also includes complementary policies, such as a low carbon fuel standard and provisions aimed at enhancing energy efficiency. Taken together, the bill’s sponsors believe these provisions will reduce overall U.S. GHG emissions roughly 63% by 2050.

The L-W CSA divides the six GHGs into two categories: Group I (carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, and perfluorocarbons) and Group II (hydrofluorcarbons). For all GHGs, the bill uses the common unit of measurement CO₂ equivalent (CO₂e)—the quantity of GHGs that the U.S. EPA has determined makes the same contribution to global warming as one metric ton of CO₂. The L-W CSA would create two separate caps, one covering facilities that produce HFCs and the other covering facilities that:

·  Use more that 5,000 tons of coal annually;

·  Process, produce, or import natural gas;

·  Produce or import petroleum or coal-based fuel that when combusted will emit a Group I GHG;

· Produce for sale or distribution or import more than 10,000 CO₂e of chemicals that are group I GHGs, assuming no capture or permanent sequestration

· Emit as a by-product of HCFC production more than 10,000 CO₂e of HFCs

Overall, the two caps combined are expected to cover over 80% of total U.S. GHG emissions, although some process related emissions are not covered.

The cap on facilities producing HFCs would start in 2010 at 300 million metric tons of carbon dioxide equivalent (MMTCO₂e) and decline to 90 MMTCO₂e by 2037, remaining at that level through 2050. Emissions from all other covered facilities would be capped at 5775 MMTCO₂e in 2012, with this cap decreasing annually to 1732 MMTCO₂e in 2050. The two caps combined would result in roughly a 19% reduction from 2005 levels in 2020 and a 70% reduction from 2005 levels by 2050.

Beginning in 2012 and continuing through 2030, the L-W CSA would provide transition assistance in the form of free allowances to electric power generators (19%), manufacturers (10%), fuel producers or importers (2%), HFC producers and importers (2%), and rural electric cooperatives (1%). In addition, 5% of the total emission allowance account will be allocated to early actors from 2012-2017 and 4% for carbon, capture and sequestration activities from 2012-2030. Approximately 30.5% of the total allowance account will be set aside from 2012-2050 for other entities, including states, load-serving entities, farms and forests, coal mines, and others. Starting in 2012, 26.5% of allowances would be auctioned (including 5% for an early auction to be held shortly after enactment), with the proceeds going to energy technology deployment, low-and middle-income energy consumers, adaptation efforts in the U.S., and programs to support energy independence and national security. Over time, the auction will grow so that by 2031, 69.5% of the allowances would be auctioned and the revenue used for these purposes.

The L-W CSA allows covered facilities to satisfy up to 15% of their compliance obligation with specific domestic offsets. An additional 15% can be covered using international emission allowances. Unlimited banking is allowed and owners and operators of covered facilities can borrow up to 15% of their annual compliance obligation from future years. The L-W CSA also creates a Carbon Market Efficiency Board to monitor the carbon trading market and implement specific cost relief measures, including increased borrowing and use of offsets.

The L-W CSA includes a review of the commitments of other major-emitting nations to reduce their GHG emissions. Eight years after enactment the President is authorized to require importers of GHG emission-intensive products from countries that have not taken action comparable to the U.S. to submit credits equal to those required of domestic manufactures.

Sponsor: Sen. Joseph I. Lieberman (I-CT) (9 Cosponsors)

11/1/07: Reported by the Senate Committee on Environment and Public Works Subcommittee on Private Sector and Consumer Solutions to Global Warming by 4-3; 12/5/08: Reported by the Senate Committee on Environment and Public Works by 11-8.

 

 

H. Amdt. 174:   An amendment to H.R. 2082 to strike the provision requiring that a National Intelligence Estimate on global climate change be submitted to Congress.

Sponsor: Rep. Peter Hoekstra (R-MI)

 

H.R. 1961:   Global Climate Change Security Oversight Act. This bill requires the Director of National Intelligence (DNI) to prepare a National Intelligence Estimate (NIE) on the anticipated geopolitical effects of global climate change and the implications of such effects on the national security of the United States. Not later than 270 days after the DNI submits the required NIE, the bill directs the Secretary of Defense to submit to Congress a report on the projected effects of global climate change on the military installations and capabilities, and military operations of the United States as assessed by the NIE. In addition, the bill expresses the sense of Congress that the Secretary of Defense should address the climate change-related findings of the NIE as they relate to the armed forces in the next Quadrennial Defense Review. The bill also directs the Secretary of State to, not later than 270 days after the submittal of the NIE, to submit to Congress a report that addresses the potential for large migration flows in countries of strategic interest or humanitarian concern as a response to changes in climate and the implications for United States security interests; and the potential for diplomatic opportunities and challenges facing the United States as a result of social, economic, or political responses of groups or nations to climate change. Finally, the bill authorizes the Secretary of Defense to carry out research on the impacts of global climate change on the military, including war gaming and other simulations, and analysis of potential impacts of large-scale Arctic sea-ice melt, and severe weather events.

Sponsor: Rep. Edward Markey (D-MA) (13 Cosponsors)

 

H.R. 4986:   National Defense Authorization Act for Fiscal Year 2008. Among various provisions authorizing appropriations for the Department of Defense, for military construction, and for the Department of Energy, this bill directs the Secretary of Defense that the first national security strategy and national defense strategy prepared after enactment shall include guidance for military planners to: assess the risks of projected climate change to current and future missions of the armed forces; update defense plans based on these assessments, including working with allies and partners to incorporate climate mitigation strategies, capacity building, and relevant research and development; and to develop the capabilities needed to reduce future impacts.

The bill requires that the next quadrennial defense review prepared after the date of the enactment of this subsection examine the capabilities of the armed forces to respond to the consequences of climate change, in particular, preparedness for natural disasters from extreme weather events and other missions the armed forces may be asked to support inside the United States and overseas.

Sponsor: Rep. Ike Skelton (D-MO) (1 Cosponsors)

1/16/08: Passed the House 369-46; 1/22/08: Passed the Senate 91-3; 1/28/08: Signed into law by the President.