II 

118TH CONGRESS 

2D SESSION S. 3615 

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 

JANUARY 18, 2024 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Carbon Diox5 ide Removal Leadership Act of 2024’’. 

6 SEC. 2. FEDERAL REQUIREMENT TO REMOVE CARBON DI7 OXIDE. 

8 (a) DEFINITIONS.—In this section: 

9 (1) ELIGIBLE TECHNOLOGY.— 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•S 3615 IS

1 (A) IN GENERAL.—The term ‘‘eligible 

2 technology’’ means any equipment, technique, 

3 or technology, as determined by the Secretary, 

4 that— 

5 (i) was placed into service after Janu6 ary 1, 2022; and 

7 (ii) removes carbon dioxide directly 

8 from ambient air or seawater. 

9 (B) EXCLUSION.—The term ‘‘eligible tech10 nology’’ does not include any equipment, tech11 nique, or technology that— 

12 (i) removes carbon dioxide that is de13 liberately released from naturally occurring 

14 subsurface springs; 

15 (ii) removes carbon dioxide using nat16 ural photosynthesis, except as provided in 

17 subparagraph (C); or 

18 (iii) uses captured carbon dioxide in 

19 enhanced oil recovery. 

20 (C) EXPANSION OF ELIGIBLE TECH21 NOLOGY.—Notwithstanding subparagraph 

22 (B)(ii), any equipment, technique, or technology 

23 that removes carbon dioxide using gasification, 

24 pyrolysis, or sequestration of solid, nonhaz25 ardous, and cellulosic waste materials may be 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•S 3615 IS

1 included in the term ‘‘eligible technology’’ if the 

2 Secretary, by rule— 

3 (i) determines that an entity that car4 ries out a removal project under this sec5 tion is able— 

6 (I) to adequately monitor, report, 

7 and verify the quantity of greenhouse 

8 gas emissions (including direct emis9 sions and significant indirect emis10 sions), calculated on a lifecycle basis, 

11 removed using that equipment, tech12 nique, or technology; and 

13 (II) to adequately mitigate the 

14 environmental impacts (including im15 pacts on biodiversity, land use, and 

16 air and water quality) associated with 

17 that equipment, technique, or tech18 nology; and 

19 (ii) requires that entity to carry out 

20 the activities described in clause (i). 

21 (2) LIFECYCLE BASIS.—The term ‘‘lifecycle 

22 basis’’ means the net sum of all greenhouse gas 

23 emissions (using mass values for all greenhouse 

24 gases that are adjusted to account for their relative 

25 global warming potential, in consultation with the 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•S 3615 IS

1 Administrator of the Environmental Protection 

2 Agency) and removals associated with carbon dioxide 

3 removal activity from cradle to grave, including— 

4 (A) embodied emissions of the applicable 

5 equipment; and 

6 (B) any emissions associated with— 

7 (i) energy and feedstock inputs; 

8 (ii) the carbon dioxide removal proc9 ess; and 

10 (iii) carbon dioxide storage, including 

11 use and disposal of any materials or prod12 ucts associated with carbon dioxide stor13 age. 

14 (3) REMOVE.—The term ‘‘remove’’, with re15 spect to carbon dioxide, means— 

16 (A) to capture carbon dioxide using eligible 

17 technology; and 

18 (B) to permanently store that captured 

19 carbon dioxide— 

20 (i) in dedicated subsurface geologic 

21 storage reported under sections 98.440 

22 and 146.91(e) of title 40, Code of Federal 

23 Regulations (or successor regulations); 

24 (ii) in building materials and mineral25 ized carbon materials; or 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•S 3615 IS

1 (iii) using other permanent storage 

2 methods, as determined by the Secretary. 

3 (4) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Energy. 

5 (5) SMALL REMOVAL PROJECT.—The term 

6 ‘‘small removal project’’ means a project for the re7 moval of carbon dioxide that removes not more than 

8 5 percent of the net metric tons of carbon dioxide 

9 required to be removed under subsection (b) for the 

10 applicable fiscal year. 

11 (b) REQUIRED QUANTITIES.—The Secretary shall, to 

12 the extent economically feasible as determined under sub13 section (c), remove— 

14 (1) 50,000 net metric tons of carbon dioxide, 

15 calculated on a lifecycle basis, for each of fiscal 

16 years 2024 and 2025; 

17 (2) 500,000 net metric tons of carbon dioxide, 

18 calculated on a lifecycle basis, for each of fiscal 

19 years 2026 through 2028; 

20 (3) 5,000,000 net metric tons of carbon dioxide, 

21 calculated on a lifecycle basis, for each of fiscal 

22 years 2029 through 2034; and 

23 (4) 10,000,000 net metric tons of carbon diox24 ide, calculated on a lifecycle basis, for fiscal year 

25 2035 and each fiscal year thereafter. 


ssavage on LAPJG3WLY3PROD with BILLS
6 

•S 3615 IS

1 (c) ECONOMIC FEASIBILITY.— 

2 (1) IN GENERAL.—The removal of carbon diox3 ide under subsection (b) shall be considered eco4 nomically feasible if that removal can be accom5 plished or, in the case of a contract under subsection 

6 (i), purchased— 

7 (A) for each of fiscal years 2024 and 2025, 

8 at a price per metric ton of carbon dioxide of 

9 not more than $750 (which the Secretary may 

10 adjust for inflation); 

11 (B) for each of fiscal years 2026 through 

12 2028, at a price per metric ton of carbon diox13 ide of not more than $500 (which the Secretary 

14 may adjust for inflation); 

15 (C) for each of fiscal years 2029 through 

16 2031, at a price per metric ton of carbon diox17 ide of not more than $300 (which the Secretary 

18 may adjust for inflation); 

19 (D) for each of fiscal years 2032 through 

20 2034, at a price per metric ton of carbon diox21 ide of not more than $200 (which the Secretary 

22 may adjust for inflation); and 

23 (E) for fiscal year 2035 and each fiscal 

24 year thereafter, at a price per metric ton of carVerDate Sep 11 2014 02:16 Jan 25, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3615.IS S3615

ssavage on LAPJG3WLY3PROD with BILLS
7 

•S 3615 IS

1 bon dioxide of not more than $150 (which the 

2 Secretary may adjust for inflation). 

3 (2) INCLUSION OF MONITORING, REPORTING, 

4 AND VERIFICATION COSTS.—In determining whether 

5 the removal of carbon dioxide is considered economi6 cally feasible under paragraph (1), the price for such 

7 removal shall include any costs associated with the 

8 monitoring, reporting, and verification required 

9 under subsection (g)(1). 

10 (3) MULTIYEAR CONTRACTS.—The removal of 

11 carbon dioxide carried out pursuant to a contract 

12 entered into under subsection (i) that is a multiyear 

13 contract shall be considered economically feasible if 

14 such removal can be accomplished at the applicable 

15 dollar amount for the first fiscal year of the con16 tract, as provided in paragraph (1), through the en17 tire length of the contract. 

18 (d) TIMING.—For each fiscal year, the Secretary 

19 shall remove the quantity of carbon dioxide required under 

20 subsection (b) for that fiscal year not later than 3 years 

21 after the beginning of that fiscal year. 

22 (e) SMALL REMOVAL PROJECT SET-ASIDE.—To the 

23 extent practicable, at least 20 percent of the net metric 

24 tons of carbon dioxide required to be removed under subVerDate Sep 11 2014 03:01 Feb 01, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3615.IS S3615

ssavage on LAPJG3WLY3PROD with BILLS
8 

•S 3615 IS

1 section (b) for each of fiscal years 2024 through 2034 

2 shall be removed through small removal projects. 

3 (f) FEDERAL ASSISTANCE.—Funds received pursu4 ant to a contract entered into under subsection (i) shall 

5 not be considered Federal assistance or otherwise affect 

6 eligibility for any Federal assistance, including a tax in7 centive. 

8 (g) MONITORING, REPORTING, AND VERIFICATION.— 

9 (1) IN GENERAL.—The Secretary, or an entity 

10 with which the Secretary enters into a contract 

11 under subsection (i), shall monitor, report, and 

12 verify the net metric tons of carbon dioxide that the 

13 Secretary or the entity, as applicable, removes for 

14 purposes of this section. 

15 (2) STANDARDS.—Not later than 1 year after 

16 the date of enactment of this Act, the Secretary, in 

17 consultation with the Administrator of the National 

18 Oceanic and Atmospheric Administration, the Ad19 ministrator of the Environmental Protection Agency, 

20 the Secretary of Agriculture, and other relevant 

21 Federal agencies, as determined by the Secretary, 

22 shall establish standards for the monitoring, report23 ing, and verification of the net metric tons of carbon 

24 dioxide removed pursuant to this section, which 

25 shall— 


ssavage on LAPJG3WLY3PROD with BILLS
9 

•S 3615 IS

1 (A) require the use of best available prac2 tices used by similar carbon dioxide removal 

3 projects; 

4 (B) ensure safe, effective, and efficient re5 moval of carbon dioxide; 

6 (C) require independent, third-party 

7 verification of carbon dioxide removal; 

8 (D) ensure additionality, permanence, and 

9 net-negativity of carbon dioxide removal; 

10 (E) include criteria to determine whether 

11 the storage of captured carbon dioxide is per12 manent; 

13 (F) ensure scientifically rigorous and 

14 transparent methods for monitoring, reporting, 

15 and verifying under paragraph (1); and 

16 (G) be regularly reviewed and, as nec17 essary, updated to account for scientific and 

18 technological advancements. 

19 (3) PROHIBITION ON DOUBLE COUNTING.—Car20 bon dioxide that is removed for the purpose of com21 plying with any other greenhouse gas emissions 

22 management program, including any foreign, Fed23 eral, State, local, or private greenhouse gas emis24 sions management program, as determined by the 

25 Secretary, may not be considered removed under 


ssavage on LAPJG3WLY3PROD with BILLS
10 

•S 3615 IS

1 subsection (b) for purposes of meeting the require2 ments of that subsection. 

3 (h) PRIORITIES.—In carrying out removal projects 

4 pursuant to subsection (b), the Secretary shall give pri5 ority to projects based on the degree to which the 

6 project— 

7 (1) minimizes the quantity of greenhouse gas 

8 emissions released by carrying out the project; 

9 (2) supports the commercialization of innovative 

10 removal technologies; 

11 (3) increases the diversity of commercially 

12 available eligible technologies; 

13 (4) provides for domestic job creation, with a 

14 further preference for establishing partnerships with 

15 labor organizations, small businesses, minority16 owned businesses, and women-owned businesses 

17 across value chains; 

18 (5) results in economic development or eco19 nomic diversification in regions or localities that 

20 have historically generated significant economic ac21 tivity from the production, processing, transpor22 tation, or combustion of fossil fuels, including 

23 through the use of coal mines, fossil fuel-fired elec24 tricity generating units, and petroleum refining fa25 cilities; 


ssavage on LAPJG3WLY3PROD with BILLS
11 

•S 3615 IS

1 (6) quantifies and mitigates risks from carbon 

2 dioxide removal activities on, and provides measur3 able cobenefits to, environmental justice commu4 nities, the environment, agriculture, and public 

5 health, including by— 

6 (A) improving local air quality, water qual7 ity, and soil quality; 

8 (B) minimizing land, water, and energy 

9 footprints; and 

10 (C) using zero-emission energy; and 

11 (7) includes robust public engagement and com12 munity benefits. 

13 (i) CONTRACTS.— 

14 (1) IN GENERAL.—The Secretary may, using a 

15 transparent and competitive process, enter into 1 or 

16 more contracts to meet the requirements of sub17 section (b). 

18 (2) DURATION.—The duration of a contract en19 tered into under paragraph (1) shall not exceed 15 

20 years. 

21 (3) MAINTENANCE OF REMOVAL COMMIT22 MENTS.—A contract entered into under paragraph 

23 (1) shall require the entity that enters into the con24 tract to permanently store an additional quantity of 

25 carbon dioxide that is equal to the quantity of carVerDate Sep 11 2014 02:16 Jan 25, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3615.IS S3615

ssavage on LAPJG3WLY3PROD with BILLS
12 

•S 3615 IS

1 bon dioxide that is released after permanent storage 

2 by that entity. 

3 (4) LIMITATION.—To the extent that there is a 

4 sufficient number of entities capable of removing 

5 carbon dioxide in accordance with this section under 

6 a contract entered into paragraph (1), the Secretary 

7 shall ensure that no singular entity is responsible for 

8 removing more than 25 percent of the net metric 

9 tons of carbon dioxide required to be removed under 

10 subsection (b) in any fiscal year. 

11 (j) REPORT.—Not later than January 1, 2027, and 

12 every 2 years thereafter, the Secretary shall submit to 

13 Congress, and make publicly available, a report that de14 scribes the progress made in carrying out the require15 ments of this section, including, with respect to the period 

16 covered by the report— 

17 (1) the quantities of removed carbon dioxide 

18 verified under subsection (g)(1) and the name of 

19 each entity that provided that verified quantity; 

20 (2) the total price, and price per metric ton, of 

21 removing carbon dioxide for each applicable fiscal 

22 year as required under subsection (b); 

23 (3) the methods used for the monitoring, re24 porting, and verification required under subsection 

25 (g)(1); 


ssavage on LAPJG3WLY3PROD with BILLS
13 

•S 3615 IS

1 (4) an assessment of how the quantities of car2 bon dioxide removed under this section have affected 

3 environmental justice communities, the environment, 

4 agriculture, and public health; 

5 (5) information on any labor impacts and job 

6 creation resulting from carrying out the require7 ments of subsection (b); and 

8 (6) an explanation of how the Secretary 

9 prioritized projects under subsection (h). 

10 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as are nec12 essary to carry out this section. 

13 SEC. 3. STUDY ON THE LONG-TERM FUTURE OF FEDERAL 

14 CARBON DIOXIDE REMOVAL MANAGEMENT. 

15 (a) IN GENERAL.—Not later than 1 year after the 

16 date of enactment of this Act, the Secretary of Energy, 

17 in consultation with the Administrator of the National 

18 Oceanic and Atmospheric Administration, the Adminis19 trator of the Environmental Protection Agency, the Sec20 retary of Agriculture, and other relevant Federal agencies, 

21 as determined by the Secretary of Energy, shall submit 

22 to the Committee on Energy and Natural Resources of 

23 the Senate and the Committee on Energy and Commerce 

24 of the House of Representatives a report that evaluates 

25 and makes recommendations for potential program design 


ssavage on LAPJG3WLY3PROD with BILLS
14 

•S 3615 IS

1 elements and financing options for a Federal carbon diox2 ide removal offtake program that can achieve carbon diox3 ide removal from the atmosphere and the oceans at a 

4 gigaton scale annually by January 1, 2050. 

5 (b) CONTENTS.—The report under subsection (a) 

6 shall include consideration of potential management and 

7 organizational structures for the program described in 

8 that subsection, including— 

9 (1) a government-sponsored enterprise; 

10 (2) a government corporation; 

11 (3) a program office within the Department of 

12 Energy or another Federal agency; and 

13 (4) a contracted service provider. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS