US Congress : 2017-2018 Regular Session : BILL HB4586
Geoengineering Research Evaluation Act of 2017
Sponsor: Rep Jerry McNerney & Rep Eddie Johnson
Bill Details
Geoengineering Research Evaluation Act of 2017
GeoLawWatch Bill Summary
This bill does not create new prohibitions, restrictions, or penalties. Instead, it mandates a two-phase study process by the National Academies to develop research and governance frameworks for albedo modification strategies. The bill establishes the following requirements:
Phase I Study - Research Strategy (9-month timeline):
- Contracts the National Academies to develop a research agenda for albedo modification strategies involving atmospheric interventions, specifically marine cloud brightening, stratospheric aerosol albedo modification, and cirrus cloud modification
- Requires identification of priorities for laboratory studies, model development, computing capabilities, process-based studies, small-scale field experiments, engineering studies, and long-term observations, including space-based systems
- Mandates guidance on defining "de minimis" impact for field experimentation—establishing threshold criteria for experiments considered to have minimal environmental effects
- Directs identification of collateral benefits where albedo modification research would advance other scientific areas
Phase II Study - Governance Framework (9-month timeline, begins 30 days after Phase I completion):
- Contracts the National Academies to develop governance mechanisms for the proposed research agenda
- Requires examination of legal, ethical, social, political, and economic ramifications of albedo modification research
- Mandates assessment of what research governance beyond existing frameworks may be needed
- Directs identification of research types requiring enhanced governance based on the magnitude of radiative forcing impact, potential for detrimental effects, and other considerations
- Explicitly prohibits addressing governance for deployment of albedo modification—limiting scope to research governance only
- Requires input from civil society organisations and nontraditional stakeholders
Implementation Plan (90 days after Phase II completion):
- Directs the Office of Science and Technology Policy to submit to Congress an implementation plan for geoengineering research and research governance, incorporating recommendations from both National Academies reports
Enforcement: None. This is a study authorisation bill with no regulatory or enforcement provisions.
Penalties: None specified.
Unusual Provisions:
- The bill explicitly distinguishes between carbon dioxide removal (characterised as "relatively low risk") and albedo modification (characterised as "temporarily effective at cooling" but with "currently unknown cost to and impact on the environment")
- Congressional findings assert that "cutting carbon pollution is still the best way to mitigate climate change" and characterise climate intervention as "a higher risk reaction to already elevated greenhouse gas levels"—unusually explicit policy positioning in bill findings
- The prohibition on addressing deployment governance in Phase II creates a deliberate jurisdictional boundary, limiting federal engagement to research frameworks while avoiding policy questions about operational geoengineering programs
- References 2015 National Academies reports as foundational documents, finding "insufficient information to effectively evaluate, let alone deploy, strategies for large-scale climate interventions"
- Specifies interagency coordination involving DOE, NOAA, NASA, NSF, and NIST, with DOE designated as the lead contracting agency
History
H.R. 4586 was introduced by Representative McNerney with co-sponsor Representative Eddie Bernice Johnson of Texas on December 7, 2017, during the first session of the 115th Congress. Representative McNerney delivered introductory remarks on the measure the same day, published in the Congressional Record at page E1673. The bill was immediately referred to the House Committee on Science, Space, and Technology.
The bill remained dormant in committee for over five months before receiving a referral to the Subcommittee on Environment on May 22, 2018. This extended delay between full committee referral and subcommittee assignment is somewhat unusual and may indicate either competing legislative priorities or strategic timing considerations by committee leadership. The subcommittee referral occurred late in the second session of the 115th Congress, leaving limited time for substantive consideration before the two-year session expired.
The bill did not advance beyond subcommittee referral and died with the conclusion of the 115th Congress in January 2019. No hearings, mark-ups, or other formal actions occurred. This timeline is notable because Representative McNerney introduced a related but substantively different bill (H.R. 5519, the "Atmospheric Climate Intervention Research Act") in the subsequent 116th Congress on December 19, 2019. While H.R. 4586 focused on National Academies studies and governance frameworks, H.R. 5519 took a more direct approach by amending the America COMPETES Act to expand NOAA's research authority, suggesting a shift in legislative strategy from study mandates to operational program expansion.
- Thu 07 Dec 2017 Introduced in House
- Thu 07 Dec 2017 Sponsor introductory remarks on measure. (CR E1673)
- Thu 07 Dec 2017 Referred to the House Committee on Science, Space, and Technology.
- Tue 22 May 2018 Referred to the Subcommittee on Environment.
Consolidated Bill Text
115TH CONGRESS
1ST SESSION H. R. 4586
To provide for the National Academies to study and report on a research agenda to advance the understanding of albedo modification strategies, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 7, 2017
Mr. MCNERNEY (for himself and Ms. EDDIE BERNICE JOHNSON of Texas) introduced the following bill; which was referred to the Committee on Science, Space, and Technology
A BILL
To provide for the National Academies to study and report on a research agenda to advance the understanding of albedo modification strategies, 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.
This Act may be cited as the "Geoengineering Research Evaluation Act of 2017".
SEC. 2. FINDINGS.
Congress finds the following:
(1) Many significant scientific studies have concluded that the climate is changing. The Fifth Assessment Report of the Intergovernmental Panel on Climate Change found that even under the most stringent carbon constrained scenario, mean global surface temperature will still increase.
(2) If unmitigated, continued rises in temperature will have severe impacts on human health, the global economy, and United States national security, damaging both earth and human systems.
(3) Cutting carbon pollution is still the best way to mitigate climate change because it prevents further global temperature rise, whereas climate intervention is a higher risk reaction to already elevated greenhouse gas levels.
(4) However, the United States and other nations may also need to consider climate intervention strategies, beginning with carbon dioxide removal and sequestration, including biological sequestration, and potentially extending to albedo modification.
(5) In 2015, the National Academies published two reports that outline the research needs and ethical questions for climate intervention, addressing carbon dioxide removal and sequestration and albedo modification. These reports found that currently there is insufficient information to effectively evaluate, let alone deploy, strategies for large-scale climate interventions.
(6) Many carbon dioxide removal options are relatively low risk and effective, but they are currently limited by cost and lack of technical maturity, and some may have significant local environmental impacts. Albedo modification shows evidence of being temporarily effective at cooling the planet, but at a currently unknown cost to and impact on the environment.
(7) The Academies' reports recommended investing in the research and development of methods of carbon dioxide removal and disposal at scales that would impact the climate. They also recommended the development and implementation of a dedicated albedo modification research program that furthers basic climate science, understanding of human interaction with the climate system, and improved detection of changes in radiative forcing.
(8) The Academies further recommended the development of a clear framework for governance of albedo modification research that would adjust governance of specified types of research according to the magnitude and nature of a project's expected impact on radiative forcing and climate. Such a structure should ensure transparency in the research process, extend governance requirements beyond those of general research, and engage civil society and other nontraditional stakeholders in decision-making. Large, high-risk projects should not be implemented without thorough consideration of the outcomes of smaller-scale, low-risk projects.
SEC. 3. NATIONAL ACADEMIES REPORTS.
(a) PHASE I REPORT; RESEARCH STRATEGY FOR ALBEDO MODIFICATION.—
(1) IN GENERAL.—Not later than 3 months after the date of enactment of this Act, the Secretary of Energy, in consultation with the Administrator of the National Oceanographic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, the Director of the National Science Foundation, the Director of the National Institute of Standards and Technology, and other Federal agencies as appropriate, shall contract with the National Academies to conduct a study and develop a report recommending a research agenda for advancing understanding of albedo modification strategies that involve atmospheric interventions, including marine cloud brightening, stratospheric aerosol albedo modification, and cirrus cloud modification.
(2) REPORT CONTENT.—The report described in paragraph (1) shall, at a minimum—
(A) identify priorities for laboratory studies, model development and experiments, computing capabilities, process-based studies, small-scale field experiments, engineering studies, and long-term, large-scale observations, including space-based observations;
(B) provide guidance on how to define field experimentation that has a "de minimis" impact; and
(C) identify, where relevant, how the recommended research efforts would provide benefits in advancing other areas of science.
(3) TIMELINE.—The Secretary of Energy shall encourage the National Academies, to the extent practicable, to complete the Phase I report no later than 9 months after the date of the execution of the contract described in paragraph (1).
(b) PHASE II REPORT; FRAMEWORK FOR RESEARCH GOVERNANCE.—
(1) IN GENERAL.—No more than 30 days after completion of the Phase I report described in subsection (a), the Secretary of Energy, in consultation with appropriate Federal agencies, shall contract with the National Academies to conduct a study and develop a report that provides specific guidance on governance mechanisms for the proposed albedo modification research agenda developed in Phase I. The proposed research governance approaches should seek to maximize the benefits of research while minimizing risks.
(2) REPORT CONTENT.—The report described in paragraph (1) shall, at a minimum—
(A) take into account legal, ethical, social, political, economic, and other potentially important ramifications of albedo modification research;
(B) examine what types of research governance, beyond those that already exist, may be needed for albedo modification research; and
(C) identify the types of research that would require such governance, potentially based on the magnitude of their expected impact on radiative forcing, their potential for detrimental direct and indirect effects, and other considerations.
(3) TIMELINE.—The Secretary of Energy shall encourage the National Academies, to the extent practicable, to complete the Phase II report no later than 9 months after the date of the execution of the contract described in paragraph (1).
(4) ADDITIONAL CONSIDERATIONS.—
(A) LIMITATION.—The report described in this subsection shall not address governance for deployment of albedo modification.
(B) INPUT.—The Secretary of Energy shall ensure that the process for the development of the report described in this subsection includes input from civil society organizations and other relevant stakeholders.
SEC. 4. IMPLEMENTATION PLAN.
Not later than 90 days after completion of the Phase II report described in section 3(b), the Director of the Office of Science and Technology Policy, in coordination with all relevant Federal agencies, shall submit to Congress an implementation plan for geoengineering research and research governance. In preparing such implementation plan, the Director shall take into consideration the recommendations included in the Phase II report and in the Phase I report described in section 3(a).
SEC. 5. DEFINITION.
In this Act, the term "National Academies" means the National Academies of Sciences, Engineering, and Medicine.
1ST SESSION H. R. 4586
To provide for the National Academies to study and report on a research agenda to advance the understanding of albedo modification strategies, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 7, 2017
Mr. MCNERNEY (for himself and Ms. EDDIE BERNICE JOHNSON of Texas) introduced the following bill; which was referred to the Committee on Science, Space, and Technology
A BILL
To provide for the National Academies to study and report on a research agenda to advance the understanding of albedo modification strategies, 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.
This Act may be cited as the "Geoengineering Research Evaluation Act of 2017".
SEC. 2. FINDINGS.
Congress finds the following:
(1) Many significant scientific studies have concluded that the climate is changing. The Fifth Assessment Report of the Intergovernmental Panel on Climate Change found that even under the most stringent carbon constrained scenario, mean global surface temperature will still increase.
(2) If unmitigated, continued rises in temperature will have severe impacts on human health, the global economy, and United States national security, damaging both earth and human systems.
(3) Cutting carbon pollution is still the best way to mitigate climate change because it prevents further global temperature rise, whereas climate intervention is a higher risk reaction to already elevated greenhouse gas levels.
(4) However, the United States and other nations may also need to consider climate intervention strategies, beginning with carbon dioxide removal and sequestration, including biological sequestration, and potentially extending to albedo modification.
(5) In 2015, the National Academies published two reports that outline the research needs and ethical questions for climate intervention, addressing carbon dioxide removal and sequestration and albedo modification. These reports found that currently there is insufficient information to effectively evaluate, let alone deploy, strategies for large-scale climate interventions.
(6) Many carbon dioxide removal options are relatively low risk and effective, but they are currently limited by cost and lack of technical maturity, and some may have significant local environmental impacts. Albedo modification shows evidence of being temporarily effective at cooling the planet, but at a currently unknown cost to and impact on the environment.
(7) The Academies' reports recommended investing in the research and development of methods of carbon dioxide removal and disposal at scales that would impact the climate. They also recommended the development and implementation of a dedicated albedo modification research program that furthers basic climate science, understanding of human interaction with the climate system, and improved detection of changes in radiative forcing.
(8) The Academies further recommended the development of a clear framework for governance of albedo modification research that would adjust governance of specified types of research according to the magnitude and nature of a project's expected impact on radiative forcing and climate. Such a structure should ensure transparency in the research process, extend governance requirements beyond those of general research, and engage civil society and other nontraditional stakeholders in decision-making. Large, high-risk projects should not be implemented without thorough consideration of the outcomes of smaller-scale, low-risk projects.
SEC. 3. NATIONAL ACADEMIES REPORTS.
(a) PHASE I REPORT; RESEARCH STRATEGY FOR ALBEDO MODIFICATION.—
(1) IN GENERAL.—Not later than 3 months after the date of enactment of this Act, the Secretary of Energy, in consultation with the Administrator of the National Oceanographic and Atmospheric Administration, the Administrator of the National Aeronautics and Space Administration, the Director of the National Science Foundation, the Director of the National Institute of Standards and Technology, and other Federal agencies as appropriate, shall contract with the National Academies to conduct a study and develop a report recommending a research agenda for advancing understanding of albedo modification strategies that involve atmospheric interventions, including marine cloud brightening, stratospheric aerosol albedo modification, and cirrus cloud modification.
(2) REPORT CONTENT.—The report described in paragraph (1) shall, at a minimum—
(A) identify priorities for laboratory studies, model development and experiments, computing capabilities, process-based studies, small-scale field experiments, engineering studies, and long-term, large-scale observations, including space-based observations;
(B) provide guidance on how to define field experimentation that has a "de minimis" impact; and
(C) identify, where relevant, how the recommended research efforts would provide benefits in advancing other areas of science.
(3) TIMELINE.—The Secretary of Energy shall encourage the National Academies, to the extent practicable, to complete the Phase I report no later than 9 months after the date of the execution of the contract described in paragraph (1).
(b) PHASE II REPORT; FRAMEWORK FOR RESEARCH GOVERNANCE.—
(1) IN GENERAL.—No more than 30 days after completion of the Phase I report described in subsection (a), the Secretary of Energy, in consultation with appropriate Federal agencies, shall contract with the National Academies to conduct a study and develop a report that provides specific guidance on governance mechanisms for the proposed albedo modification research agenda developed in Phase I. The proposed research governance approaches should seek to maximize the benefits of research while minimizing risks.
(2) REPORT CONTENT.—The report described in paragraph (1) shall, at a minimum—
(A) take into account legal, ethical, social, political, economic, and other potentially important ramifications of albedo modification research;
(B) examine what types of research governance, beyond those that already exist, may be needed for albedo modification research; and
(C) identify the types of research that would require such governance, potentially based on the magnitude of their expected impact on radiative forcing, their potential for detrimental direct and indirect effects, and other considerations.
(3) TIMELINE.—The Secretary of Energy shall encourage the National Academies, to the extent practicable, to complete the Phase II report no later than 9 months after the date of the execution of the contract described in paragraph (1).
(4) ADDITIONAL CONSIDERATIONS.—
(A) LIMITATION.—The report described in this subsection shall not address governance for deployment of albedo modification.
(B) INPUT.—The Secretary of Energy shall ensure that the process for the development of the report described in this subsection includes input from civil society organizations and other relevant stakeholders.
SEC. 4. IMPLEMENTATION PLAN.
Not later than 90 days after completion of the Phase II report described in section 3(b), the Director of the Office of Science and Technology Policy, in coordination with all relevant Federal agencies, shall submit to Congress an implementation plan for geoengineering research and research governance. In preparing such implementation plan, the Director shall take into consideration the recommendations included in the Phase II report and in the Phase I report described in section 3(a).
SEC. 5. DEFINITION.
In this Act, the term "National Academies" means the National Academies of Sciences, Engineering, and Medicine.