[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Pages S3534-S3537]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 532. Mr. BARRASSO (for himself, Mr. Whitehouse, Mrs. Capito, Mr.
Carper, Mr. Cramer, Ms. Smith, Mr. Rounds, Mr. Coons, and Mr. Hoeven)
submitted an amendment intended to be proposed by him to the bill S.
1790, to authorize appropriations for fiscal year 2020 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the end of subtitle H of title X, add the following:
SEC. ___. UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE
TECHNOLOGIES.
(a) Short Title.--This section may be cited as the
``Utilizing Significant Emissions with Innovative
Technologies Act'' or the ``USE IT Act''.
(b) Research, Investigation, Training, and Other
Activities.--Section 103 of the Clean Air Act (42 U.S.C.
7403) is amended--
(1) in subsection (c)(3), in the first sentence of the
matter preceding subparagraph (A), by striking ``percursors''
and inserting ``precursors''; and
(2) in subsection (g)--
(A) by redesignating paragraphs (1) through (4) as
subparagraphs (A) through (D), respectively, and indenting
appropriately;
(B) in the undesignated matter following subparagraph (D)
(as so redesignated)--
(i) in the second sentence, by striking ``The
Administrator'' and inserting the following:
``(5) Coordination and avoidance of duplication.--The
Administrator''; and
(ii) in the first sentence, by striking ``Nothing'' and
inserting the following:
``(4) Effect of subsection.--Nothing'';
(C) in the matter preceding subparagraph (A) (as so
redesignated)--
(i) in the third sentence, by striking ``Such program'' and
inserting the following:
``(3) Program inclusions.--The program under this
subsection'';
(ii) in the second sentence--
(I) by inserting ``States, institutions of higher
education,'' after ``scientists,''; and
(II) by striking ``Such strategies and technologies shall
be developed'' and inserting the following:
``(2) Participation requirement.--Such strategies and
technologies described in paragraph (1) shall be developed'';
and
(iii) in the first sentence, by striking ``In carrying
out'' and inserting the following:
``(1) In general.--In carrying out''; and
(D) by adding at the end the following:
``(6) Certain carbon dioxide activities.--
``(A) In general.--In carrying out paragraph (3)(A) with
respect to carbon dioxide, the Administrator shall carry out
the activities described in each of subparagraphs (B), (C),
(D), and (E).
``(B) Direct air capture research.--
``(i) Definitions.--In this subparagraph:
``(I) Board.--The term `Board' means the Direct Air Capture
Technology Advisory Board established by clause (iii)(I).
``(II) Dilute.--The term `dilute' means a concentration of
less than 1 percent by volume.
``(III) Direct air capture.--
``(aa) In general.--The term `direct air capture', with
respect to a facility, technology, or system, means that the
facility, technology, or system uses carbon capture
[[Page S3535]]
equipment to capture carbon dioxide directly from the air.
``(bb) Exclusion.--The term `direct air capture' does not
include any facility, technology, or system that captures
carbon dioxide--
``(AA) that is deliberately released from a naturally
occurring subsurface spring; or
``(BB) using natural photosynthesis.
``(IV) Intellectual property.--The term `intellectual
property' means--
``(aa) an invention that is patentable under title 35,
United States Code; and
``(bb) any patent on an invention described in item (aa).
``(ii) Technology prizes.--
``(I) In general.--Not later than 1 year after the date of
enactment of the USE IT Act, the Administrator, in
consultation with the Secretary of Energy, shall establish a
program to provide, and shall provide, financial awards on a
competitive basis for direct air capture from media in which
the concentration of carbon dioxide is dilute.
``(II) Duties.--In carrying out this clause, the
Administrator shall--
``(aa) subject to subclause (III), develop specific
requirements for--
``(AA) the competition process; and
``(BB) the demonstration of performance of approved
projects;
``(bb) offer financial awards for a project designed--
``(AA) to the maximum extent practicable, to capture more
than 10,000 tons of carbon dioxide per year; and
``(BB) to operate in a manner that would be commercially
viable in the foreseeable future (as determined by the
Board); and
``(cc) to the maximum extent practicable, make financial
awards to geographically diverse projects, including at
least--
``(AA) 1 project in a coastal State; and
``(BB) 1 project in a rural State.
``(III) Public participation.--In carrying out subclause
(II)(aa), the Administrator shall--
``(aa) provide notice of and, for a period of not less than
60 days, an opportunity for public comment on, any draft or
proposed version of the requirements described in subclause
(II)(aa); and
``(bb) take into account public comments received in
developing the final version of those requirements.
``(iii) Direct air capture technology advisory board.--
``(I) Establishment.--There is established an advisory
board to be known as the `Direct Air Capture Technology
Advisory Board'.
``(II) Composition.--The Board shall be composed of 9
members appointed by the Administrator, who shall provide
expertise in--
``(aa) climate science;
``(bb) physics;
``(cc) chemistry;
``(dd) biology;
``(ee) engineering;
``(ff) economics;
``(gg) business management; and
``(hh) such other disciplines as the Administrator
determines to be necessary to achieve the purposes of this
subparagraph.
``(III) Term; vacancies.--
``(aa) Term.--A member of the Board shall serve for a term
of 6 years.
``(bb) Vacancies.--A vacancy on the Board--
``(AA) shall not affect the powers of the Board; and
``(BB) shall be filled in the same manner as the original
appointment was made.
``(IV) Initial meeting.--Not later than 30 days after the
date on which all members of the Board have been appointed,
the Board shall hold the initial meeting of the Board.
``(V) Meetings.--The Board shall meet at the call of the
Chairperson or on the request of the Administrator.
``(VI) Quorum.--A majority of the members of the Board
shall constitute a quorum, but a lesser number of members may
hold hearings.
``(VII) Chairperson and vice chairperson.--The Board shall
select a Chairperson and Vice Chairperson from among the
members of the Board.
``(VIII) Compensation.--Each member of the Board may be
compensated at not to exceed the daily equivalent of the
annual rate of basic pay in effect for a position at level V
of the Executive Schedule under section 5316 of title 5,
United States Code, for each day during which the member is
engaged in the actual performance of the duties of the Board.
``(IX) Duties.--The Board shall advise the Administrator on
carrying out the duties of the Administrator under this
subparagraph.
``(X) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the Board.
``(iv) Intellectual property.--
``(I) In general.--As a condition of receiving a financial
award under this subparagraph, an applicant shall agree to
vest the intellectual property of the applicant derived from
the technology in 1 or more entities that are incorporated in
the United States.
``(II) Reservation of license.--The United States--
``(aa) may reserve a nonexclusive, nontransferable,
irrevocable, paid-up license, to have practiced for or on
behalf of the United States, in connection with any
intellectual property described in subclause (I); but
``(bb) shall not, in the exercise of a license reserved
under item (aa), publicly disclose proprietary information
relating to the license.
``(III) Transfer of title.--Title to any intellectual
property described in subclause (I) shall not be transferred
or passed, except to an entity that is incorporated in the
United States, until the expiration of the first patent
obtained in connection with the intellectual property.
``(v) Authorization of appropriations.--
``(I) In general.--There is authorized to be appropriated
to carry out this subparagraph $35,000,000, to remain
available until expended.
``(II) Requirement.--Research carried out using amounts
made available under subclause (I) may not duplicate research
funded by the Department of Energy.
``(vi) Termination of authority.--The Board and all
authority provided under this subparagraph shall terminate
not later than 10 years after the date of enactment of the
USE IT Act.
``(C) Carbon dioxide utilization research.--
``(i) Definition of carbon dioxide utilization.--In this
subparagraph, the term `carbon dioxide utilization' refers to
technologies or approaches that lead to the use of carbon
dioxide--
``(I) through the fixation of carbon dioxide through
photosynthesis or chemosynthesis, such as through the growing
of algae or bacteria;
``(II) through the chemical conversion of carbon dioxide to
a material or chemical compound in which the carbon dioxide
is securely stored; or
``(III) through the use of carbon dioxide for any other
purpose for which a commercial market exists, as determined
by the Administrator.
``(ii) Program.--The Administrator, in consultation with
the Secretary of Energy, shall carry out a research and
development program for carbon dioxide utilization to promote
existing and new technologies that transform carbon dioxide
generated by industrial processes into a product of
commercial value, or as an input to products of commercial
value.
``(iii) Technical and financial assistance.--Not later than
2 years after the date of enactment of the USE IT Act, in
carrying out this subsection, the Administrator, in
consultation with the Secretary of Energy, shall support
research and infrastructure activities relating to carbon
dioxide utilization by providing technical assistance and
financial assistance in accordance with clause (iv).
``(iv) Eligibility.--To be eligible to receive technical
assistance and financial assistance under clause (iii), a
carbon dioxide utilization project shall--
``(I) have access to an emissions stream generated by a
stationary source within the United States that is capable of
supplying not less than 250 metric tons per day of carbon
dioxide for research;
``(II) have access to adequate space for a laboratory and
equipment for testing small-scale carbon dioxide utilization
technologies, with onsite access to larger test bays for
scale-up; and
``(III) have existing partnerships with institutions of
higher education, private companies, States, or other
government entities.
``(v) Coordination.--In supporting carbon dioxide
utilization projects under this paragraph, the Administrator
shall consult with the Secretary of Energy, and, as
appropriate, with the head of any other relevant Federal
agency, States, the private sector, and institutions of
higher education to develop methods and technologies to
account for the carbon dioxide emissions avoided by the
carbon dioxide utilization projects.
``(vi) Authorization of appropriations.--
``(I) In general.--There is authorized to be appropriated
to carry out this subparagraph $50,000,000, to remain
available until expended.
``(II) Requirement.--Research carried out using amounts
made available under subclause (I) may not duplicate research
funded by the Department of Energy.
``(D) Deep saline formation report.--
``(i) Definition of deep saline formation.--
``(I) In general.--In this subparagraph, the term `deep
saline formation' means a formation of subsurface
geographically extensive sedimentary rock layers saturated
with waters or brines that have a high total dissolved solids
content and that are below the depth where carbon dioxide can
exist in the formation as a supercritical fluid.
``(II) Clarification.--In this subparagraph, the term `deep
saline formation' does not include oil and gas reservoirs.
``(ii) Report.--In consultation with the Secretary of
Energy, and, as appropriate, with the head of any other
relevant Federal agency and relevant stakeholders, not later
than 1 year after the date of enactment of the USE IT Act,
the Administrator shall prepare, submit to Congress, and make
publicly available a report that includes--
``(I) a comprehensive identification of potential risks and
benefits to project developers associated with increased
storage of carbon dioxide captured from stationary sources in
deep saline formations, using existing research;
``(II) recommendations, if any, for managing the potential
risks identified under subclause (I), including potential
risks unique to public land; and
``(III) recommendations, if any, for Federal legislation or
other policy changes to mitigate any potential risks
identified under subclause (I).
``(E) Report on carbon dioxide nonregulatory strategies and
technologies.--
[[Page S3536]]
``(i) In general.--Not less frequently than once every 2
years, the Administrator shall submit to the Committee on
Environment and Public Works of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report that describes--
``(I) the recipients of assistance under subparagraphs (B)
and (C); and
``(II) a plan for supporting additional nonregulatory
strategies and technologies that could significantly prevent
carbon dioxide emissions or reduce carbon dioxide levels in
the air, in conjunction with other Federal agencies.
``(ii) Inclusions.--The plan submitted under clause (i)
shall include--
``(I) a methodology for evaluating and ranking technologies
based on the ability of the technologies to cost effectively
reduce carbon dioxide emissions or carbon dioxide levels in
the air; and
``(II) a description of any nonair-related environmental or
energy considerations regarding the technologies.
``(F) GAO report.--The Comptroller General of the United
States shall submit to Congress a report that--
``(i) identifies all Federal grant programs in which a
purpose of a grant under the program is to perform research
on carbon capture and utilization technologies, including
direct air capture technologies; and
``(ii) examines the extent to which the Federal grant
programs identified pursuant to clause (i) overlap or are
duplicative.''.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator of the Environmental
Protection Agency (referred to in this section as the
``Administrator'') shall submit to Congress a report
describing how funds appropriated to the Administrator during
the 5 most recent fiscal years have been used to carry out
section 103 of the Clean Air Act (42 U.S.C. 7403), including
a description of--
(1) the amount of funds used to carry out specific
provisions of that section; and
(2) the practices used by the Administrator to
differentiate funding used to carry out that section, as
compared to funding used to carry out other provisions of
law.
(d) Inclusion of Carbon Capture Infrastructure Projects.--
Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is
amended--
(1) in subparagraph (A)--
(A) in the matter preceding clause (i), by inserting
``carbon capture,'' after ``manufacturing,'';
(B) in clause (i)(III), by striking ``or'' at the end;
(C) by redesignating clause (ii) as clause (iii); and
(D) by inserting after clause (i) the following:
``(ii) is covered by a programmatic plan or environmental
review developed for the primary purpose of facilitating
development of carbon dioxide pipelines; or''; and
(2) by adding at the end the following:
``(C) Inclusion.--For purposes of subparagraph (A),
construction of infrastructure for carbon capture includes
construction of--
``(i) any facility, technology, or system that captures,
utilizes, or sequesters carbon dioxide emissions, including
projects for direct air capture (as defined in paragraph
(6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C.
7403(g)); and
``(ii) carbon dioxide pipelines.''.
(e) Development of Carbon Capture, Utilization, and
Sequestration Report, Permitting Guidance, and Regional
Permitting Task Force.--
(1) Definitions.--In this subsection:
(A) Carbon capture, utilization, and sequestration
projects.--The term ``carbon capture, utilization, and
sequestration projects'' includes projects for direct air
capture (as defined in paragraph (6)(B)(i) of section 103(g)
of the Clean Air Act (42 U.S.C. 7403(g))).
(B) Efficient, orderly, and responsible.--The term
``efficient, orderly, and responsible'' means, with respect
to development or the permitting process for carbon capture,
utilization, and sequestration projects and carbon dioxide
pipelines, a process that is completed in an expeditious
manner while maintaining environmental, health, and safety
protections.
(2) Report.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Chair of the Council on
Environmental Quality (referred to in this section as the
``Chair''), in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of Energy, the
Secretary of the Interior, the Executive Director of the
Federal Permitting Improvement Council, and the head of any
other relevant Federal agency (as determined by the
President), shall prepare a report that--
(i) compiles all existing relevant Federal permitting and
review information and resources for project applicants,
agencies, and other stakeholders interested in the deployment
of carbon capture, utilization, and sequestration projects
and carbon dioxide pipelines, including--
(I) the appropriate points of interaction with Federal
agencies;
(II) clarification of the permitting responsibilities and
authorities among Federal agencies; and
(III) best practices and templates for permitting;
(ii) inventories current or emerging activities that
transform captured carbon dioxide into a product of
commercial value, or as an input to products of commercial
value;
(iii) inventories existing initiatives and recent
publications that analyze or identify priority carbon dioxide
pipelines needed to enable efficient, orderly, and
responsible development of carbon capture, utilization, and
sequestration projects at increased scale;
(iv) identifies gaps in the current Federal regulatory
framework for the deployment of carbon capture, utilization,
and sequestration projects and carbon dioxide pipelines; and
(v) identifies Federal financing mechanisms available to
project developers.
(B) Submission; publication.--The Chair shall--
(i) submit the report under subparagraph (A) to the
Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives; and
(ii) as soon as practicable, make the report publicly
available.
(3) Guidance.--
(A) In general.--After submission of the report under
paragraph (2)(B), but not later than 1 year after the date of
enactment of this Act, the Chair shall submit guidance
consistent with that report to all relevant Federal agencies
that--
(i) facilitates reviews associated with the deployment of
carbon capture, utilization, and sequestration projects and
carbon dioxide pipelines; and
(ii) supports the efficient, orderly, and responsible
development of carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines.
(B) Requirements.--
(i) In general.--The guidance under subparagraph (A) shall
address requirements under--
(I) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(II) the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.);
(III) the Clean Air Act (42 U.S.C. 7401 et seq.);
(IV) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
(V) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(VI) division A of subtitle III of title 54, United States
Code (formerly known as the ``National Historic Preservation
Act'');
(VII) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(VIII) the Act of June 8, 1940 (16 U.S.C. 668 et seq.)
(commonly known as the ``Bald and Golden Eagle Protection
Act''); and
(IX) any other Federal law that the Chair determines to be
appropriate.
(ii) Environmental reviews.--The guidance under
subparagraph (A) shall include direction to States and other
interested parties for the development of programmatic
environmental reviews under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for carbon capture,
utilization, and sequestration projects and carbon dioxide
pipelines.
(iii) Public involvement.--The guidance under subparagraph
(A) shall be subject to the public notice, comment, and
solicitation of information procedures under section 1506.6
of title 40, Code of Federal Regulations (or a successor
regulation).
(C) Submission; publication.--The Chair shall--
(i) submit the guidance under subparagraph (A) to the
Committee on Environment and Public Works of the Senate and
the Committee on Energy and Commerce of the House of
Representatives; and
(ii) as soon as practicable, make the guidance publicly
available.
(D) Evaluation.--The Chair shall--
(i) periodically evaluate the reports of the task forces
under paragraph (4)(E) and, as necessary, revise the guidance
under subparagraph (A); and
(ii) each year, submit to the Committee on Environment and
Public Works of the Senate, the Committee on Energy and
Commerce of the House of Representatives, and relevant
Federal agencies a report that describes any recommendations
for legislation, rules, revisions to rules, or other policies
that would address the issues identified by the task forces
under paragraph (4)(E).
(4) Task force.--
(A) Establishment.--Not later than 18 months after the date
of enactment of this Act, the Chair shall establish not less
than 2 task forces, which shall each cover a different
geographical area with differing demographic, land use, or
geological issues--
(i) to identify permitting and other challenges and
successes that permitting authorities and project developers
and operators face; and
(ii) to improve the performance of the permitting process
and regional coordination for the purpose of promoting the
efficient, orderly, and responsible development of carbon
capture, utilization, and sequestration projects and carbon
dioxide pipelines.
(B) Members and selection.--
(i) In general.--The Chair shall--
(I) develop criteria for the selection of members to each
task force; and
(II) select members for each task force in accordance with
subclause (I) and clause (ii).
(ii) Members.--Each task force--
(I) shall include not less than 1 representative of each
of--
(aa) the Environmental Protection Agency;
(bb) the Department of Energy;
(cc) the Department of the Interior;
(dd) any other Federal agency the Chair determines to be
appropriate;
[[Page S3537]]
(ee) any State that requests participation in the
geographical area covered by the task force;
(ff) developers or operators of carbon capture,
utilization, and sequestration projects or carbon dioxide
pipelines; and
(gg) nongovernmental membership organizations, the primary
mission of which concerns protection of the environment; and
(II) at the request of a Tribal or local government, may
include a representative of--
(aa) not less than 1 local government in the geographical
area covered by the task force; and
(bb) not less than 1 Tribal government in the geographical
area covered by the task force.
(C) Meetings.--
(i) In general.--Each task force shall meet not less than
twice each year.
(ii) Joint meeting.--To the maximum extent practicable, the
task forces shall meet collectively not less than once each
year.
(D) Duties.--Each task force shall--
(i) inventory existing or potential Federal and State
approaches to facilitate reviews associated with the
deployment of carbon capture, utilization, and sequestration
projects and carbon dioxide pipelines, including best
practices that--
(I) avoid duplicative reviews;
(II) engage stakeholders early in the permitting process;
and
(III) make the permitting process efficient, orderly, and
responsible;
(ii) develop common models for State-level carbon dioxide
pipeline regulation and oversight guidelines that can be
shared with States in the geographical area covered by the
task force;
(iii) provide technical assistance to States in the
geographical area covered by the task force in implementing
regulatory requirements and any models developed under clause
(ii);
(iv) inventory current or emerging activities that
transform captured carbon dioxide into a product of
commercial value, or as an input to products of commercial
value;
(v) identify any priority carbon dioxide pipelines needed
to enable efficient, orderly, and responsible development of
carbon capture, utilization, and sequestration projects at
increased scale;
(vi) identify gaps in the current Federal and State
regulatory framework and in existing data for the deployment
of carbon capture, utilization, and sequestration projects
and carbon dioxide pipelines;
(vii) identify Federal and State financing mechanisms
available to project developers; and
(viii) develop recommendations for relevant Federal
agencies on how to develop and research technologies that--
(I) can capture carbon dioxide; and
(II) would be able to be deployed within the region covered
by the task force, including any projects that have received
technical or financial assistance for research under
paragraph (6) of section 103(g) of the Clean Air Act (42
U.S.C. 7403(g)).
(E) Report.--Each year, each task force shall prepare and
submit to the Chair and to the other task forces a report
that includes--
(i) any recommendations for improvements in efficient,
orderly, and responsible issuance or administration of
Federal permits and other Federal authorizations required
under a law described in paragraph (3)(B)(i); and
(ii) any other nationally relevant information that the
task force has collected in carrying out the duties under
subparagraph (D).
(F) Evaluation.--Not later than 5 years after the date of
enactment of this Act, the Chair shall--
(i) reevaluate the need for the task forces; and
(ii) submit to Congress a recommendation as to whether the
task forces should continue.
______