89–010 

1 IEA Greenhouse GH R&D Programme, ‘‘A Brief History of CCS and Current Status,’’ http:// 

ieaghg.org/docs/General_Docs/Publications/Information_Sheets_for_CCS_2.pdf. 2Global CCS Institute, ‘‘Large Scale CCS facilities,’’ http://www.globalccsinstitute.com/projects/ 

large-scale-ccs-projects. 

Calendar No. 70 

116TH CONGRESS REPORT " ! SENATE 1st Session 116–38 

UTILIZING SIGNIFICANT EMISSIONS WITH INNOVATIVE 

TECHNOLOGIES ACT 

MAY 13, 2019.—Ordered to be printed 

Mr. BARRASSO, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 383] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred the bill (S. 383) to support carbon dioxide utilization and 

direct air capture research, to facilitate the permitting and development of carbon capture, utilization, and sequestration projects and 

carbon dioxide pipelines, and for other purposes, having considered 

the same, reports favorably thereon without amendment and recommends that the bill do pass. 

GENERAL STATEMENT AND BACKGROUND

Carbon capture, utilization and sequestration (CCUS) is a process that involves capturing manmade carbon dioxide (CO2) and 

reusing or storing the carbon dioxide to keep it from entering into 

or persisting in the atmosphere. The beginnings of CCUS can be 

traced to the early 1970s, when captured carbon dioxide was first 

injected into oil fields to improve oil recovery.1 Since then, the process of capturing and storing carbon dioxide has become a proven 

type of technology used around the world. Eighteen large-scale 

CCUS projects are in operation globally, nine of which are located 

in the United States.2 While carbon dioxide has been used commercially for decades in enhanced oil recovery operations, other existVerDate Sep 11 2014 00:34 May 18, 2019 Jkt 089010 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\SR038.XXX SR038

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3Mead Gruver, ‘‘10 Teams Advance in International Carbon Dioxide Competition’’ (Apr. 9, 

2018), https://apnews.com/587d7a3ca086441aaaf3b7ad649e0e73. 4Statement of Paul Sukut, Chief Executive Officer and General Manager, Basin Electric 

Power Cooperative, Hearing Before the U.S. Senate Committee on Environment and Public 

Works entitled ‘‘Hearing to Examine S.383, the Utilizing Significant Emissions with Innovative 

Technologies Act, and the State of Current Technologies that Reduce, Capture, and Use Carbon 

Dioxide’’ (Feb. 27, 2019), https://www.epw.senate.gov/public/index.cfm/hearings?Id=83DD95E5- 

8113-4B25-AB8D-F4D484A30AD8&Statement_id=BB0F696B-31A9-4522-AA42-5CCB1DCD0310; 

Statement of Dr. Feng Jiao, Associate Professor of Chemical & Biomolecular Engineering and 

Associate Director for the Center for Catalytic Science & Technology, University of Delaware, 

Hearing Before the U.S. Senate Committee on Environment and Public Works entitled ‘‘Utilizing Significant Emissions with Innovative Technologies Act’’ (Apr. 11, 2018), https:// 

www.epw.senate.gov/public/_cache/files/8/3/83715232-4c6a-41af-b7bd-96bb6a94612c/ 

2CE181D89487605F0E3BE6A80B201DAB.04.11.2018-jiao-testimony.pdf. 5 Carbon 180, Fact Sheet: Direct Air Capture (2019), https://carbon180.org/fact-sheets; Statement of Steve Oldham, Chief Executive Officer, Carbon Engineering, Hearing Before the U.S. 

Senate Committee on Environment and Public Works entitled ‘‘Hearing to Examine S. 383, the 

Utilizing Significant Emissions with Innovative Technologies Act, and the State of Current 

Technologies that Reduce, Capture, and Use Carbon Dioxide’’ (Feb. 27, 2019), https:// 

www.epw.senate.gov/public/index.cfm/hearings?Id=83DD95E5-8113-4B25-AB8DF4D484A30AD8&Statement_id=14F426A1-EA7B-4E12-9904-6AC61E40EAB9. 6Statement of Noah Deich, Executive Director, Center for Carbon Removal, Hearing Before 

the U.S. Senate Committee on Environment and Public Works entitled ‘‘Utilizing Significant 

Emissions with Innovative Technologies Act’’ (Apr. 11, 2018), https://www.epw.senate.gov/public/ 

index.cfm/hearings?Id=55DD866C-BEE0-49C7-8491-E042F051C947&Statement_id=AC1A42A9- 

4E30-417E-AA72-29F7C5E52F6C. 7Statement of Dr. Mark A. Northam, Executive Director, School of Energy Resources, University of Wyoming, Hearing Before the U.S. Senate Committee on Environment and Public Works 

entitled ‘‘Utilizing Significant Emissions with Innovative Technologies Act’’ (Apr. 11, 2018), 

https://www.epw.senate.gov/public/_cache/files/5/3/536c8171-f4fd-4bbe-87de-b128ad309d40/ 

B233F594209CC006B1950528AA5CD8A8.04.11.2018-northam-testimony.pdf. 

ing and potential commercial uses and markets continue to develop 

for the carbon dioxide captured by CCUS projects.3 The number of 

commercial products that can utilize captured carbon dioxide continues to grow with ongoing research and investments in new processes and technologies.4 In short, CCUS can and does work in a variety of applications, which are increasing every day. 

Direct air capture (DAC) is a suite of technologies that involves 

removing carbon dioxide from the ambient air using a mechanical 

device. The device concentrates carbon dioxide into an easily stored 

form that can either be sequestered underground or be commercially utilized. DAC technology is still at a nascent stage, with high 

cost being the main prohibitive aspect, but interest in the technology and its potential to significantly reduce carbon dioxide emissions is growing.5

The USE IT Act supports continued research into the capture, 

use, and storage of carbon dioxide. Specifically, the USE IT Act directs EPA, in consultation with the Department of Energy, to support CCUS research and technologies under existing authority in 

Clean Air Act Section 103(g). Under this authority, the USE IT Act 

focuses on three key areas. The first is to support research that reduces carbon dioxide in the air through direct air capture.6 The 

second is to support projects that utilize carbon dioxide generated 

at an industrial source, including research into existing and emerging commercial uses of captured carbon dioxide.7 Similar to the tax 

credit for carbon oxide sequestration enacted last Congress (26 

U.S.C. 45Q), this part of the bill encourages the development of a 

robust portfolio of carbon uses. It authorizes funding of projects 

that support existing commercial uses of carbon dioxide as well as 

those that support emerging, commercially viable uses that develop 

after passage of the bill. Finally, the bill directs EPA to evaluate 


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8See Dr. Julio S. Friedmann, CEO, Carbon Wrangler, LLC, Responses to Questions for the 

Record, Hearing Before the U.S. Senate Committee on Environment and Public Works entitled 

‘‘Utilizing Significant Emissions with Innovative Technologies Act’’ (Apr. 11, 2018). 9 U.S. Department of Energy, Quadrennial Energy Review, Vol. 1 at 7–26 (2015), https:// 

www.energy.gov/sites/prod/files/2015/08/f25/ 

QER%20Chapter%20VII%20Environment%20April%202015.pdf. 10Federal Permitting Improvement Steering Council, ‘‘Denbury Riley Ridge to Natrona Project 

CO2,’’ https://www.permits.performance.gov/projects/denbury-riley-ridge-natrona-project-co2. 

potential benefits and risks associated with the increased, longterm storage of captured carbon dioxide in deep saline formations.8

Beyond federal research support, adequate infrastructure is critical to accelerate the development of CCUS projects. If more carbon 

dioxide is to be captured and utilized or stored, a more robust carbon dioxide pipeline network is needed. Permitting of carbon dioxide pipelines can require state and federal involvement, and the 

types of permits required can vary based on where a pipeline is located. Clarification of the appropriate roles of the federal government versus states, as well as better state and federal coordination, 

would facilitate the permitting process. In 2015, the Department of 

Energy concluded the federal government could improve the federal 

permitting process for carbon dioxide pipelines by taking ‘‘a convening role to promote communication, coordination, and sharing of 

lessons learned and best practices among states that are already 

involved in siting and regulating CO2 pipelines or that may have 

CO2 pipeline projects proposed within their borders in the future.’’ 9

The USE IT Act recognizes the need for greater clarification and 

coordination regarding CCUS projects (including direct air capture 

projects) and carbon dioxide pipelines. The bill addresses this issue 

by clarifying current law, making the statutory language explicit 

that CCUS projects and carbon dioxide pipelines can be considered 

‘‘covered projects’’ under Title XLI of the FAST Act (FAST 41). In 

that title, Congress authorized the Federal Permitting Improvement Steering Council to improve the efficiency and timeliness of 

the federal permitting process for large infrastructure projects that 

are ‘‘covered projects.’’ ‘‘Covered projects’’ are currently defined in 

the statute to include ‘‘construction of infrastructure for renewable 

or conventional energy production, electricity transmission, surface 

transportation, aviation, ports and waterways, water resource 

projects, broadband, pipelines, manufacturing, or any other sector 

as determined by a majority vote of the Council’’ that meet other 

eligibility criteria in the statute. 42 U.S.C. 4370m(6). Under this 

language, a Wyoming carbon dioxide pipeline, the Riley Ridge to 

Natrona Project, has already been designated as a ‘‘covered 

project.’’ 10 While the existing definition of ‘‘covered project’’ is 

broad enough to include carbon dioxide pipelines and CCUS 

projects, the legislation would make it clearer by explicitly stating 

that carbon dioxide pipelines and CCUS projects (including direct 

air capture projects) are eligible. 

The USE IT Act also tasks the Council on Environmental Quality 

(CEQ) with leading the development of a federal report focused on 

CCUS projects (including direct air capture projects) and carbon dioxide pipelines. The report would compile federal permitting and 

review information, commercial uses for captured carbon dioxide, 

priority CO2 pipelines, gaps in the current federal regulatory 

framework, and federal financing mechanisms. After the report is 

finalized and submitted to Congress, the USE IT Act requires CEQ 


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to develop permitting guidance for CCUS projects (including direct 

air capture projects) and carbon dioxide pipelines. The guidance 

must facilitate reviews associated with the deployment of CCUS 

projects and carbon dioxide pipelines and support the ‘‘efficient, orderly, and responsible’’ development of such projects. That phrase 

means that development is completed in an expeditious manner 

while maintaining environmental, health, and safety protections. 

Before CEQ finalizes the guidance, the Council must notify the 

public and solicit comment. To improve coordination and ensure 

that states’ and other interested parties’ input informs the guidance, the USE IT Act establishes regional task forces to review the 

federal and state regulatory frameworks for CCUS and related 

issues. The task forces are to report best practices and other data 

valuable for CCUS permitting processes and provide feedback to 

the federal government to ensure the permitting process is completed in an expeditious manner while maintaining environmental, 

health, and safety protections. 

OBJECTIVES OF THE LEGISLATION

The objectives of the USE IT Act are to support the accelerated 

development and deployment of CCUS projects (including direct air 

capture projects) and carbon dioxide pipelines. The USE IT Act provides federal research support and directs greater federal interagency and external stakeholder coordination. 

SECTION-BY-SECTION ANALYSIS

TITLE I—ENCOURAGING PROJECTS TO REDUCE EMISSIONS

Section 101. Research, investigation, training, and other activities 

Section 103(g) of the Clean Air Act authorizes EPA to support research to reduce carbon dioxide from stationary sources. Section 

101 of the bill directs EPA, in consultation with the Department 

of Energy, to conduct certain carbon dioxide research and development activities under this existing authority. 

First, the EPA Administrator is directed to administer a competitive prize program that awards funds to direct air capture research 

projects. The section establishes a Direct Air Capture Technology 

Advisory Board of experts to advise the Administrator. The USE IT 

Act authorizes up to $35 million in funding and sunsets the program 10 years after enactment of the Act. 

Second, the Administrator is directed to provide technical and financial assistance to carbon dioxide utilization projects. This assistance will support projects to transform carbon dioxide generated by industrial facilities in the United States into a commercial product, or as an input to a commercial product. The USE IT 

Act authorizes up to $50 million in funding, available until expended. Third, the Administrator is directed to prepare a report 

that identifies potential risks and benefits to project developers associated with increased storage of carbon dioxide captured from 

stationary sources in deep saline formations. The Administrator is 

to evaluate existing research and make recommendations about 

how to address any identified potential risks. 


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TITLE II—IMPROVEMENT OF PERMITTING PROCESS FOR CARBON

DIOXIDE CAPTURE AND INFRASTRUCTURE PROJECTS

Section 201. Inclusion of carbon capture infrastructure projects 

Section 201 amends existing law to clarify that ‘‘covered projects’’ 

eligible for the environmental permitting process established by 

Title XLI of the FAST Act (FAST 41) include construction of carbon 

capture, utilization, and sequestration (CCUS) projects as well as 

carbon dioxide pipelines. CCUS projects include direct air capture 

projects. 

Section 202. Development of carbon capture, utilization, and sequestration permitting report, guidance, and regional permitting 

task force 

Section 202 directs the Chair of the Council on Environmental 

Quality (CEQ) to coordinate preparation of an interagency report 

on CCUS facilities (including direct air capture projects) and carbon dioxide pipelines. CEQ will then issue permitting guidance informed by that report to expedite the CCUS permitting process 

while maintaining environmental, health, and safety protections. 

On an ongoing basis, at least two regional task forces that cover 

different geographical areas and are comprised of diverse stakeholders are to provide feedback to the Chair on the guidance and 

related issues. 

LEGISLATIVE HISTORY

On February 7, 2019, Senator Barrasso introduced S. 383, the 

Utilizing Significant Emissions with Innovative Technologies Act, 

or USE IT Act, with Senators Whitehouse, Capito, Duckworth, 

Cramer, Smith, Manchin, Carper, and Enzi. The bill was referred 

to the Senate Committee on Environment and Public Works. Since 

introduction, Senators Schatz, Rounds, Inhofe, Van Hollen, Coons, 

and Hoeven have cosponsored the bill. 

The text of S. 383 is substantially similar to the text of S. 2602, 

the USE IT Act, which passed the EPW Committee in the 115th 

Congress. Senator Barrasso introduced S. 2602 on March 22, 2018. 

Senators Whitehouse, Capito, and Heitkamp were original cosponsors. Senators Duckworth, Enzi, and Manchin were cosponsors. The 

EPW Committee reported S. 2602 by voice vote on May 22, 2018. 

HEARINGS

A committee hearing was held on S. 383 on February 27, 2019. 

ROLLCALL VOTES

On April 10, 2019, the Committee on Environment and Public 

Works met to consider S. 383. The bill was ordered favorably reported by voice vote. No roll call votes were taken. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that S. 383 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 


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MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104–4), the Committee notes that the Congressional 

Budget Office found, S. 383 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform 

Act (UMRA). 

COST OF LEGISLATION

Section 403 of the Congressional Budget and Impoundment Control Act requires that a statement of the cost of the reported bill, 

prepared by the Congressional Budget Office, be included in the report. That statement follows: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 6, 2019. 

Hon. JOHN BARRASSO, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 383, the USE IT Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Stephen Rabent. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 


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Bill summary: S. 383 would authorize appropriations for the Environmental Protection Agency to support research and development on advanced technologies to capture carbon dioxide from the 

atmosphere for permanent storage or for use in commercial products or processes. Under the bill, infrastructure projects that capture or transport CO2 would qualify for expedited review and permitting. Finally, the bill would require the Council on Environmental Quality (CEQ) to support the expansion of CO2 storage 

projects and infrastructure by issuing new guidance and reports 

and establishing new task forces. 

Estimated Federal cost: The estimated budgetary effect of S. 383 

is shown in Table 1. The costs of the legislation fall within budget 

function 300 (natural resources and environment). 

TABLE 1.—ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 383 

By fiscal year, millions of dollars— 

2019 2020 2021 2022 2023 2024 2019– 

2024 

CO2 Utilization Research Program: 

Authorization ............................................................................... 0 50 0 0 0 0 50 

Estimated Outlays ....................................................................... 0 1 1 12 12 12 38 

CO2 Direct Air Capture Program and Advisory Board: 

Authorization ............................................................................... 0 35 0 0 0 0 35 

Estimated Outlays ..................................................................... 0 1 1 6 9 9 26 

Other Costs: 

Estimated Authorization .............................................................. 0 2 1 2 2 2 9 

Estimated Outlays ....................................................................... 0 1 1 2 2 2 8 

Total Changes: 

Estimated Authorization ..................................................... 0 87 1 2 2 2 94 

Estimated Outlays .............................................................. 0 3 3 20 23 23 72 

CO2 = carbon dioxide. 

Basis of estimate: For this estimate, CBO assumes that S. 383 

will be enacted during 2019 and that the authorized and estimated 

amounts will be appropriated for each fiscal year beginning in 

2020. 

CO2 Utilization Research Program: S. 383 would authorize the 

appropriation of $50 million for EPA to provide grants and technical assistance to support research and development on technologies for commercial use of captured CO2. Using information 

from EPA, CBO estimates that implementing the program would 

cost about $38 million over the 2020–2024 period and $12 million 

after 2024. Of that amount, CBO estimates, about $5 million would 

be required to cover the administrative costs of implementing the 

program and $33 million would be provided as grants for projects 

to use CO2. CBO expects that the first grants would be made in 

2022. 

CO2 Direct Air Capture Program and Advisory Board: S. 383 

would authorize the appropriation of $35 million for EPA to provide competitive financial awards for creators of systems that can 

economically capture large quantities of CO2 directly from the air. 

The bill also would direct EPA to establish a nine-member board 

to advise the agency on implementing that program. 

Using information from EPA, CBO estimates that implementing 

the program would cost $26 million over the 2020–2024 period and 

$9 million after 2024. Of that amount, CBO estimates, $4 million 

would be required to cover the costs of the board and program staff 


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and $22 million would be awarded to projects. CBO expects that 

the first awards—ranging from $1 million to $2 million—would be 

made in 2022. 

Other costs: In addition to the amounts specified above, CBO es- timates that federal agencies would spend $8 million over the 

2019–2024 period to implement other requirements in the bill; such 

spending would be subject to appropriation of the necessary 

amounts. 

Under S. 383, infrastructure projects that capture, store, transport, or use CO2 would qualify for expedited federal review and 

permitting. Using information from EPA, CBO expects that those 

procedures, combined with financial assistance for projects authorized by the bill, would probably increase the number of permit applications for underground storage of CO2. To meet the increase in 

demand, CBO estimates, EPA’s Office of Water would need to 

gradually hire five employees over the 2019–2024 period (at a cost 

of about $150,000 a year for each employee). Those employees 

would review permits for underground CO2 injection and to perform other duties related to protecting the quality of drinking 

water supplies—at a cost of $3 million over the 2020–2024 period. 

The bill also would require EPA to report every two years on the 

CO2 capture technologies supported by the agency’s research programs. EPA also would be required to report on ways to reduce the 

risks associated with CO2 storage in deep saline formations. Using 

information from the agency, CBO estimates that those reports 

would cost $2 million over the next five years. 

S. 383 also would require the Government Accountability Office 

to report on federal grant programs that support research on CO2

capture and utilization technologies and identify areas of overlap or 

duplication. Based on the costs of similar reports, CBO estimates 

that the cost would be less than $500,000. 

Finally, the bill would require CEQ to establish two task forces 

to facilitate the expansion of CO2 storage projects and infrastructure by streamlining regulatory approaches and providing technical 

assistance to states. Under the bill, CBO expects, each task force 

would consist of 10 members who would meet several times per 

year beginning in 2021; those task forces would disband after 2024. 

Using information from CEQ, CBO estimates that the agency 

would require three additional employees to provide administrative 

support to the task forces and to produce the guidance and biennial 

reports required by the bill. CBO estimates that those administrative costs and additional costs to operate the task force would total 

$3 million over the 2019–2024 period. 

Pay-As-You-Go considerations: None. 

Increase in long-term deficits: None. 

Mandates: None. 

Estimate prepared by: Federal costs: Stephen Rabent; Mandates: 

Zachary Byrum. 

Estimate reviewed by: Kim Cawley, Chief, Natural and Physical 

Resources Cost Estimating Unit; H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 


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are shown as follows: Existing law proposed to be omitted is enclosed in øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 

CLEAN AIR ACT 

* * * * * * * 

TITLE I—AIR POLLUTION PREVENTION AND CONTROL 

PART A—AIR QUALITY AND EMISSION LIMITATIONS

FINDINGS AND PURPOSES

SEC. 101. (a)* * * 

* * * * * * * 

RESEARCH, INVESTIGATION, TRAINING, AND OTHER ACTIVITIES

SEC. 103. (a)* * * 

* * * * * * * 

(c) AIR POLLUTANT MONITORING, ANALYSIS, MODELING, AND IN- VENTORY RESEARCH.—In carrying out subsection (a), the Administrator shall conduct a program of research, testing, and development of methods for sampling, measurement, monitoring, analysis, 

and modeling of air pollutants. Such program shall include the following elements: 

(1)* * * 

* * * * * * * 

(3) Development of improved methods and technologies for 

sampling, measurement, monitoring, analysis, and modeling to 

increase understanding of the sources of ozone øpercursors¿ 

precursors, ozone formation, ozone transport, regional influences on urban ozone, regional ozone trends, and interactions 

of ozone with other pollutants. Emphasis shall be placed on 

those techniques which— 

* * * * * * * 

(g) POLLUTION PREVENTION AND EMISSIONS CONTROL.—øIn carrying out¿ 

(1) IN GENERAL.—In carrying out subsection (a), the Administrator shall conduct a basic engineering research and technology program to develop, evaluate, and demonstrate nonregulatory strategies and technologies for air pollution prevention. øSuch strategies and technologies shall be developed¿ 

(2) PARTICIPATION REQUIREMENT.—Such strategies and technologies described in paragraph (1) shall be developed with priority on those pollutants which pose a significant risk to 

human health and the environment, and with opportunities for 

participation by industry, public interest groups, scientists, 

States, institutions of higher education, and other interested 

persons in the development of such strategies and technologies. 

øSuch program¿ 

(3) PROGRAM INCLUSIONS.—The program under this subsection;shall include the following elements: 


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ø(1)¿ 

(A) Improvements in nonregulatory strategies and technologies for preventing or reducing multiple air pollutants, 

including sulfur oxides, nitrogen oxides, heavy metals, 

PM–10 (particulate matter), carbon monoxide, and carbon 

dioxide, from stationary sources, including fossil fuel 

power plants. Such strategies and technologies shall include improvements in the relative cost effectiveness and 

long-range implications of various air pollutant reduction 

and nonregulatory control strategies such as energy conservation, including end-use efficiency, and fuel-switching 

to cleaner fuels. Such strategies and technologies shall be 

considered for existing and new facilities. 

ø(2)¿ 

(B) Improvements in nonregulatory strategies and technologies for reducing air emissions from area sources. 

ø(3)¿ 

(C) Improvements in nonregulatory strategies and technologies for preventing, detecting, and correcting accidental releases of hazardous air pollutants. 

ø(4)¿ 

(D) Improvements in nonregulatory strategies and technologies that dispose of tires in ways that avoid adverse 

air quality impacts. 

øNothing¿ 

(4) EFFECT OF SUBSECTION.—Nothing;in this subsection shall 

be construed to authorize the imposition on any person of air 

pollution control requirements. øThe Administrator¿ 

(5) COORDINATION AND AVOIDANCE OF DUPLICATION.—The 

Administrator;shall consult with other appropriate Federal 

agencies to ensure coordination and to avoid duplication of activities authorized under this subsection. 

(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 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 


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(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; 


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(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 


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14 

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.—There is 

authorized to be appropriated to carry out this subparagraph $35,000,000, to remain available until expended. 

(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; 


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(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.—There is 

authorized to be appropriated to carry out this subparagraph $50,000,000, to remain available until expended. 

(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 for managing the potential 

risks identified under subclause (I), including potential risks unique to public land; and 

(III) recommendations 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.— 

(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 


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16 

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. 

* * * * * * * 

Fixing America’s Surface Transportation Act 

* * * * * * * 

SEC. 1001. ø23 U.S.C. 101 note¿ DEFINITIONS. 

In this division, the following definitions apply: 

(1) DEPARTMENT.—* * * 

* * * * * * * 

SEC. 41001. ø42 U.S.C. 4370m note¿ DEFINITIONS. 

In this title: 

(1) AGENCY.—* * * 

* * * * * * * 

(6) COVERED PROJECT.— 

(A) IN GENERAL.—The term ‘‘covered project’’ means any 

activity in the United States that requires authorization or 

environmental review by a Federal agency involving construction of infrastructure for renewable or conventional 

energy production, electricity transmission, surface transportation, aviation, ports and waterways, water resource 

projects, broadband, pipelines, manufacturing, carbon capture, or any other sector as determined by a majority vote 

of the Council that— 

(i)(I) is subject to NEPA; 

(II) is likely to require a total investment of more 

than $200,000,000; and 


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(III) does not qualify for abbreviated authorization 

or environmental review processes under any applicable law; øor¿ 

(ii) is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines; or’ 

* * * * * * * 

ø(ii)¿ (iii) is subject to NEPA and the size and complexity of which, in the opinion of the Council, make 

the project likely to benefit from enhanced oversight 

and coordination, including a project likely to require— 

* * * * * * * 

(B) EXCLUSION.—The term ‘‘covered project’’ does not include— 

(i)* * * 

* * * * * * * 

(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. 

* * * * * * * 

Æ 


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