[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5170 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5170
To require the Secretary of Energy to remove carbon dioxide directly
from ambient air or seawater, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 29, 2026
Mr. Coons (for himself and Mr. Whitehouse) introduced the following
bill; which was read twice and referred to the Committee on Energy and
Natural Resources
_______________________________________________________________________
A BILL
To require the Secretary of Energy to remove carbon dioxide directly
from ambient air or seawater, 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 ``Carbon Dioxide Removal Leadership
Act of 2026''.
SEC. 2. FEDERAL REQUIREMENT TO REMOVE CARBON DIOXIDE.
(a) Definitions.--In this section:
(1) Eligible technology.--
(A) In general.--The term ``eligible technology''
means any equipment, technique, or technology, as
determined by the Secretary, that--
(i) was placed into service after January
1, 2022; and
(ii) removes carbon dioxide directly from
ambient air or seawater.
(B) Exclusion.--The term ``eligible technology''
does not include any equipment, technique, or
technology that--
(i) removes carbon dioxide that is
deliberately released from naturally occurring
subsurface springs;
(ii) removes carbon dioxide using natural
photosynthesis, except as provided in
subparagraph (C); or
(iii) uses captured carbon dioxide in
enhanced oil recovery.
(C) Expansion of eligible technology.--
Notwithstanding subparagraph (B)(ii), any equipment,
technique, or technology that removes carbon dioxide
using gasification, pyrolysis, or sequestration of
solid, nonhazardous, and cellulosic waste materials may
be included in the term ``eligible technology'' if the
Secretary, by rule--
(i) determines that an entity that carries
out a removal project under this section is
able--
(I) to adequately measure, monitor,
report, and verify the quantity of
greenhouse gas emissions (including
direct emissions and significant
indirect emissions), removed using that
equipment, technique, or technology;
and
(II) to adequately mitigate the
environmental impacts (including
impacts on biodiversity, land use, and
air and water quality) associated with
that equipment, technique, or
technology; and
(ii) requires that entity to carry out the
activities described in clause (i).
(2) Lifecycle basis.--The term ``lifecycle basis'' means
the net sum of all greenhouse gas emissions (using mass values
for all greenhouse gases that are adjusted to account for their
relative global warming potential, as determined by the
Secretary in consultation with the Administrator of the
Environmental Protection Agency) associated with carbon dioxide
removal activity from cradle to grave, including any emissions
associated with--
(A) energy and feedstock inputs in the carbon
dioxide removal activity, including inputs in the
distribution and transportation of carbon dioxide;
(B) indirect effects, such as land-use change, as
scientifically justified;
(C) the carbon dioxide removal process;
(D) carbon dioxide transport and storage, including
any leakage, use, and disposal of any materials or
products associated with that transport and storage;
and
(E) embodied emissions of the equipment used in the
carbon dioxide removal activity.
(3) Remove.--The term ``remove'', with respect to carbon
dioxide, means to extract carbon dioxide from the atmosphere
by--
(A) capturing carbon dioxide using eligible
technology; and
(B) durably storing, on a timescale equivalent to
geologic storage, that captured carbon dioxide--
(i) pursuant to a permit issued under part
C of the Safe Drinking Water Act (42 U.S.C.
300h et seq.) for a Class V or Class VI
injection well (as described in section 144.6
of title 40, Code of Federal Regulations (or
successor regulations));
(ii) in building materials and mineralized
carbon materials; or
(iii) using other durable storage methods,
as determined by the Secretary.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Small removal project.--The term ``small removal
project'' means a project for the removal of carbon dioxide
that removes not more than 5 percent of the net metric tons of
carbon dioxide required to be removed under subsection (b) for
the applicable fiscal year.
(b) Required Quantities.--The Secretary shall, to the extent
economically feasible as determined under subsection (c), remove--
(1) 50,000 net metric tons of carbon dioxide, calculated on
a lifecycle basis, for each of fiscal years 2026 and 2027;
(2) 500,000 net metric tons of carbon dioxide, calculated
on a lifecycle basis, for each of fiscal years 2028 through
2030;
(3) 5,000,000 net metric tons of carbon dioxide, calculated
on a lifecycle basis, for each of fiscal years 2031 through
2035; and
(4) 10,000,000 net metric tons of carbon dioxide,
calculated on a lifecycle basis, for fiscal year 2036 and each
fiscal year thereafter.
(c) Economic Feasibility.--
(1) In general.--The removal of carbon dioxide under
subsection (b) shall be considered economically feasible if
that removal can be accomplished or, in the case of a contract
under subsection (i), purchased--
(A) for each of fiscal years 2026 and 2027, at a
price per metric ton of carbon dioxide of not more than
$750 (which the Secretary may adjust for inflation);
(B) for each of fiscal years 2028 through 2030, at
a price per metric ton of carbon dioxide of not more
than $500 (which the Secretary may adjust for
inflation);
(C) for each of fiscal years 2031 through 2033, at
a price per metric ton of carbon dioxide of not more
than $300 (which the Secretary may adjust for
inflation);
(D) for each of fiscal years 2034 through 2036, at
a price per metric ton of carbon dioxide of not more
than $200 (which the Secretary may adjust for
inflation); and
(E) for fiscal year 2037 and each fiscal year
thereafter, at a price per metric ton of carbon dioxide
of not more than $150 (which the Secretary may adjust
for inflation).
(2) Inclusion of measurement, monitoring, reporting, and
verification costs.--In determining whether the removal of
carbon dioxide is considered economically feasible under
paragraph (1), the price for such removal shall include costs
paid to an independent third party for the measurement,
monitoring, reporting, and verification required under
subsection (g)(1).
(3) Multiyear contracts.--The removal of carbon dioxide
carried out pursuant to a contract entered into under
subsection (i) that is a multiyear contract shall be considered
economically feasible if such removal can be accomplished at
the applicable dollar amount for the first fiscal year of the
contract, as provided in paragraph (1), through the entire
length of the contract.
(d) Timing.--For each fiscal year, the Secretary shall remove the
quantity of carbon dioxide required under subsection (b) for that
fiscal year not later than 3 years after the beginning of that fiscal
year.
(e) Small Removal Project Set-Aside.--To the extent practicable, at
least 20 percent of the net metric tons of carbon dioxide required to
be removed under subsection (b) for each of fiscal years 2026 through
2035 shall be removed through small removal projects.
(f) Federal Assistance.--Funds received pursuant to a contract
entered into under subsection (i) shall not be considered Federal
assistance or otherwise affect eligibility for any Federal assistance,
including a tax incentive.
(g) Measurement, Monitoring, Reporting, and Verification.--
(1) In general.--The Secretary, or an entity with which the
Secretary enters into a contract under subsection (i), shall
enter into a contract with an independent third party to
measure, monitor, report, and verify the net metric tons of
carbon dioxide that the Secretary or the entity, as applicable,
removes for purposes of this section.
(2) Standards.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary, in
consultation with the Administrator of the National
Oceanic and Atmospheric Administration, the
Administrator of the Environmental Protection Agency,
the Secretary of Agriculture, the Director of the
National Institute of Standards and Technology, and
other relevant Federal agencies, as determined by the
Secretary, shall establish standards for methods of
measuring, monitoring, reporting, and verifying the net
metric tons of carbon dioxide removed pursuant to this
section.
(B) Contents.--The standards established under
subparagraph (A) shall--
(i) require the use of best available
practices used by similar carbon dioxide
removal projects;
(ii) ensure safe, effective, and efficient
removal of carbon dioxide;
(iii) ensure additionality, durability, and
net-negativity of carbon dioxide removal;
(iv) include criteria to determine whether
the storage of captured carbon dioxide is
durable;
(v) ensure scientifically rigorous and
transparent methods for measurement,
monitoring, reporting, and verifying under
paragraph (1); and
(vi) be regularly reviewed and, as
necessary, updated to account for scientific
and technological advancements.
(3) Independent third parties.--An independent third party
entering into a contract under paragraph (1) shall be--
(A) in compliance with the standards established
under paragraph (2); and
(B) subject to oversight by the Secretary.
(4) Prohibition on double counting.--Carbon dioxide that is
removed for the purpose of complying with any other greenhouse
gas emissions management program, including any foreign,
Federal, State, local, or private greenhouse gas emissions
management program, as determined by the Secretary, may not be
considered removed under subsection (b) for purposes of meeting
the requirements of that subsection.
(h) Priorities.--In carrying out removal projects pursuant to
subsection (b), the Secretary shall give priority to projects based on
the degree to which the project--
(1) minimizes the quantity of greenhouse gas emissions
released by carrying out the project;
(2) supports the commercialization of innovative removal
technologies that demonstrate--
(A) near-term and long-term cost competitiveness
relative to similar technologies; and
(B) a potential to achieve the economic feasibility
requirements established under subsection (c);
(3) increases the diversity of commercially available
eligible technologies;
(4) provides for domestic job creation, with a further
preference for establishing partnerships with labor
organizations, small businesses, minority-owned businesses, and
women-owned businesses across value chains;
(5) sources supply chain materials domestically;
(6) results in economic development or economic
diversification in regions or localities that have historically
generated significant economic activity from the production,
processing, transportation, or combustion of fossil fuels,
including through the use of coal mines, fossil fuel-fired
electricity generating units, and petroleum refining
facilities;
(7) quantifies and mitigates risks from carbon dioxide
removal activities on, and provides measurable co-benefits to,
nearby communities and residents, the environment, agriculture,
and public health, including by--
(A) improving local air quality, water quality, and
soil quality;
(B) minimizing land, water, and energy footprints;
and
(C) using zero-emission energy, to the maximum
extent practicable; and
(8) includes robust public engagement and community
benefits, including the use of enforceable community benefits
agreements.
(i) Contracts.--
(1) In general.--The Secretary may, using a transparent and
competitive process, enter into 1 or more contracts to meet the
requirements of subsection (b).
(2) Duration.--The duration of a contract entered into
under paragraph (1) shall not exceed 15 years.
(3) Limitation.--To the extent that there is a sufficient
number of entities capable of removing carbon dioxide in
accordance with this section under a contract entered into
paragraph (1), the Secretary shall ensure that no singular
entity is responsible for removing more than 25 percent of the
net metric tons of carbon dioxide required to be removed under
subsection (b) in any fiscal year.
(j) Report.--Not later than January 1, 2029, and every 2 years
thereafter, the Secretary shall submit to Congress, and make publicly
available, a report that describes the progress made in carrying out
the requirements of this section, including, with respect to the period
covered by the report--
(1) the quantities of removed carbon dioxide verified under
subsection (g)(1) and the name of each independent third party
that provided that verified quantity;
(2) the total price, and price per metric ton, of removing
carbon dioxide for each applicable fiscal year as required
under subsection (b);
(3) each technology category, the amount of energy, and
each storage mechanism used to remove carbon dioxide for the
applicable fiscal year as required under subsection (b);
(4) each location where carbon dioxide was removed for the
applicable fiscal year as required under subsection (b);
(5) the standards established under subsection (g)(2);
(6) an assessment of how the quantities of carbon dioxide
removed under this section have affected nearby communities and
residents, the environment, agriculture, and public health;
(7) information on any potential labor impacts and job
creation resulting from carrying out the requirements of
subsection (b); and
(8) an explanation of how the Secretary prioritized
projects under subsection (h).
(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 3. STUDY ON THE LONG-TERM FUTURE OF FEDERAL CARBON DIOXIDE REMOVAL
MANAGEMENT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Energy, in consultation with the
Administrator of the National Oceanic and Atmospheric Administration,
the Administrator of the Environmental Protection Agency, the Secretary
of Agriculture, and other relevant Federal agencies, as determined by
the Secretary of Energy, shall submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report that evaluates and
makes recommendations for potential program design elements and
financing options for a Federal carbon dioxide removal offtake program
that can be scaled to achieve carbon dioxide removal from the
atmosphere and the oceans at a gigaton scale annually by 2050.
(b) Contents.--The report under subsection (a) shall include
consideration of potential management and organizational structures for
the program described in that subsection, including--
(1) a government-sponsored enterprise;
(2) a government corporation;
(3) a program office within the Department of Energy or
another Federal agency; and
(4) a contracted service provider.
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