II 

Calendar No. 435 

115TH CONGRESS 

2D SESSION S. 2602 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2018 

Mr. BARRASSO (for himself, Mr. WHITEHOUSE, Mrs. CAPITO, Ms. HEITKAMP, 

and Ms. DUCKWORTH) introduced the following bill; which was read twice 

and referred to the Committee on Environment and Public Works 

MAY 24, 2018 

Reported by Mr. BARRASSO, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Utilizing Significant 

3 Emissions with Innovative Technologies Act’’ or the ‘‘USE 

4 IT Act’’. 

5 TITLE I—ENCOURAGING PROJ6 ECTS TO REDUCE EMISSIONS 

7 SEC. 101. RESEARCH, INVESTIGATION, TRAINING, AND 

8 OTHER ACTIVITIES. 

9 Section 103 of the Clean Air Act (42 U.S.C. 7403) 

10 is amended— 

11 (1) in subsection (c)(3), in the first sentence of 

12 the matter preceding subparagraph (A), by striking 

13 ‘‘percursors’’ and inserting ‘‘precursors’’; and 

14 (2) in subsection (g)— 

15 (A) by redesignating paragraphs (1) 

16 through (4) as subparagraphs (A) through (D), 

17 respectively, and indenting appropriately; 

18 (B) in the undesignated matter following 

19 subparagraph (D) (as so redesignated)— 

20 (i) in the second sentence, by striking 

21 ‘‘The Administrator’’ and inserting the fol22 lowing: 

23 ‘‘(5) COORDINATION AND AVOIDANCE OF DU24 PLICATION.—The Administrator’’; and 

25 (ii) in the first sentence, by striking 

26 ‘‘Nothing’’ and inserting the following: 


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1 ‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; 

2 (C) in the matter preceding subparagraph 

3 (A) (as so redesignated)— 

4 (i) in the third sentence, by striking 

5 ‘‘Such program’’ and inserting the fol6 lowing: 

7 ‘‘(3) PROGRAM INCLUSIONS.—The program 

8 under this subsection’’; 

9 (ii) in the second sentence— 

10 (I) by inserting ‘‘States, institu11 tions of higher education,’’ after ‘‘sci12 entists,’’; and 

13 (II) by striking ‘‘Such strategies 

14 and technologies shall be developed’’ 

15 and inserting the following: 

16 ‘‘(2) PARTICIPATION REQUIREMENT.—Such 

17 strategies and technologies described in paragraph 

18 (1) shall be developed’’; and 

19 (iii) in the first sentence, by striking 

20 ‘‘In carrying out’’ and inserting the fol21 lowing: 

22 ‘‘(1) IN GENERAL.—In carrying out’’; and 

23 (D) by adding at the end the following: 

24 ‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— 


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1 ‘‘(A) IN GENERAL.—In carrying out para2 graph (3)(A) with respect to carbon dioxide, the 

3 Administrator shall carry out the activities de4 scribed in each of subparagraphs (B) and (C). 

5 ‘‘(B) DIRECT AIR CAPTURE RESEARCH.— 

6 ‘‘(i) DEFINITIONS.—In this subpara7 graph: 

8 ‘‘(I) BOARD.—The term ‘Board’ 

9 means the Direct Air Capture Tech10 nology Advisory Board established by 

11 clause (iii)(I). 

12 ‘‘(II) DILUTE.—The term ‘dilute’ 

13 means a concentration of less than 1 

14 percent by volume. 

15 ‘‘(III) DIRECT AIR CAPTURE.— 

16 ‘‘(aa) IN GENERAL.—The 

17 term ‘direct air capture’, with re18 spect to a facility, technology, or 

19 system, means that the facility, 

20 technology, or system uses car21 bon capture equipment to cap22 ture carbon dioxide directly from 

23 the air. 

24 ‘‘(bb) EXCLUSION.—The 

25 term ‘direct air capture’ does not 


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1 include any facility, technology, 

2 or system that captures carbon 

3 dioxide— 

4 ‘‘(AA) that is delib5 erately released from a natu6 rally occurring subsurface 

7 spring; or 

8 ‘‘(BB) using natural 

9 photosynthesis. 

10 ‘‘(IV) INTELLECTUAL PROP11 ERTY.—The term ‘intellectual prop12 erty’ means— 

13 ‘‘(aa) an invention that is 

14 patentable under title 35, United 

15 States Code; and 

16 ‘‘(bb) any patent on an in17 vention described in item (aa). 

18 ‘‘(ii) TECHNOLOGY PRIZES.— 

19 ‘‘(I) IN GENERAL.—Not later 

20 than 1 year after the date of enact21 ment of the USE IT Act, the Admin22 istrator shall establish a program to 

23 provide, and shall provide, financial 

24 awards on a competitive basis for di25 rect air capture from media in which 


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1 the concentration of carbon dioxide is 

2 dilute. 

3 ‘‘(II) DUTIES.—In carrying out 

4 this clause, the Administrator shall— 

5 ‘‘(aa) subject to subclause 

6 (III), develop specific require7 ments for— 

8 ‘‘(AA) the competition 

9 process; and 

10 ‘‘(BB) monitoring and 

11 verification procedures for 

12 approved projects; 

13 ‘‘(bb) offer financial awards 

14 for a project designed— 

15 ‘‘(AA) to capture more 

16 than 10,000 tons of carbon 

17 dioxide per year; and 

18 ‘‘(BB) to be deployed 

19 at a cost of less than $200 

20 per ton of carbon dioxide 

21 captured; and 

22 ‘‘(cc) to the maximum ex23 tent practicable, make financial 

24 awards to geographically diverse 

25 projects, including at least— 


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1 ‘‘(AA) 1 project in a 

2 coastal State; and 

3 ‘‘(BB) 1 project in a 

4 rural State. 

5 ‘‘(III) PUBLIC PARTICIPATION.— 

6 In carrying out subclause (II)(aa), the 

7 Board shall— 

8 ‘‘(aa) provide notice of and, 

9 for a period of not less than 60 

10 days, an opportunity for public 

11 comment on, any draft or pro12 posed version of the requirements 

13 described in subclause (II)(aa); 

14 and 

15 ‘‘(bb) take into account pub16 lic comments received in devel17 oping the final version of those 

18 requirements. 

19 ‘‘(IV) PEER REVIEW.—No finan20 cial awards may be provided under 

21 this clause until the proposal for 

22 which the award is sought has been 

23 peer reviewed in accordance with such 

24 standards for peer review as are es25 tablished by the Administrator. 


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1 ‘‘(iii) DIRECT AIR CAPTURE TECH2 NOLOGY ADVISORY BOARD.— 

3 ‘‘(I) ESTABLISHMENT.—There is 

4 established an advisory board to be 

5 known as the ‘Direct Air Capture 

6 Technology Advisory Board’. 

7 ‘‘(II) COMPOSITION.—The Board 

8 shall be composed of 9 members ap9 pointed by the Administrator, who 

10 shall provide expertise in— 

11 ‘‘(aa) climate science; 

12 ‘‘(bb) physics; 

13 ‘‘(cc) chemistry; 

14 ‘‘(dd) biology; 

15 ‘‘(ee) engineering; 

16 ‘‘(ff) economics; 

17 ‘‘(gg) business management; 

18 and 

19 ‘‘(hh) such other disciplines 

20 as the Administrator determines 

21 to be necessary to achieve the 

22 purposes of this subparagraph. 

23 ‘‘(III) TERM; VACANCIES.— 


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1 ‘‘(aa) TERM.—A member of 

2 the Board shall serve for a term 

3 of 6 years. 

4 ‘‘(bb) VACANCIES.—A va5 cancy on the Board— 

6 ‘‘(AA) shall not affect 

7 the powers of the Board; 

8 and 

9 ‘‘(BB) shall be filled in 

10 the same manner as the 

11 original appointment was 

12 made. 

13 ‘‘(IV) INITIAL MEETING.—Not 

14 later than 30 days after the date on 

15 which all members of the Board have 

16 been appointed, the Board shall hold 

17 the initial meeting of the Board. 

18 ‘‘(V) MEETINGS.—The Board 

19 shall meet at the call of the Chair20 person. 

21 ‘‘(VI) QUORUM.—A majority of 

22 the members of the Board shall con23 stitute a quorum, but a lesser number 

24 of members may hold hearings. 


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1 ‘‘(VII) CHAIRPERSON AND VICE

2 CHAIRPERSON.—The Board shall se3 lect a Chairperson and Vice Chair4 person from among the members of 

5 the Board. 

6 ‘‘(VIII) COMPENSATION.—Each 

7 member of the Board may be com8 pensated at not to exceed the daily 

9 equivalent of the annual rate of basic 

10 pay in effect for a position at level V 

11 of the Executive Schedule under sec12 tion 5316 of title 5, United States 

13 Code, for each day during which the 

14 member is engaged in the actual per15 formance of the duties of the Board. 

16 ‘‘(IX) DUTIES.—The Board shall 

17 advise the Administrator on carrying 

18 out the duties of the Administrator 

19 under this subparagraph. 

20 ‘‘(X) FACA.—The Federal Advi21 sory Committee Act (5 U.S.C. App.) 

22 shall apply to the Board. 

23 ‘‘(iv) INTELLECTUAL PROPERTY.— 

24 ‘‘(I) IN GENERAL.—As a condi25 tion of receiving a financial award 


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1 under this subparagraph, an applicant 

2 shall agree to vest the intellectual 

3 property of the applicant derived from 

4 the technology in 1 or more entities 

5 that are incorporated in the United 

6 States. 

7 ‘‘(II) RESERVATION OF LI8 CENSE.—The United States— 

9 ‘‘(aa) may reserve a non10 exclusive, nontransferable, irrev11 ocable, paid-up license, to have 

12 practiced for or on behalf of the 

13 United States, in connection with 

14 any intellectual property de15 scribed in subclause (I); but 

16 ‘‘(bb) shall not, in the exer17 cise of a license reserved under 

18 item (aa), publicly disclose pro19 prietary information relating to 

20 the license. 

21 ‘‘(III) TRANSFER OF TITLE.— 

22 Title to any intellectual property de23 scribed in subclause (I) shall not be 

24 transferred or passed, except to an 

25 entity that is incorporated in the 


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1 United States, until the expiration of 

2 the first patent obtained in connection 

3 with the intellectual property. 

4 ‘‘(v) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appro6 priated to carry out this subparagraph 

7 $25,000,000, to remain available until ex8 pended. 

9 ‘‘(vi) TERMINATION OF AUTHORITY.— 

10 The Board and all authority provided 

11 under this subparagraph shall terminate 

12 on December 31, 2028. 

13 ‘‘(C) CARBON DIOXIDE UTILIZATION RE14 SEARCH.— 

15 ‘‘(i) DEFINITION OF CARBON DIOXIDE

16 UTILIZATION.—In this subparagraph, the 

17 term ‘carbon dioxide utilization’ refers to 

18 technologies or approaches that lead to the 

19 use of carbon dioxide— 

20 ‘‘(I) through the fixation of car21 bon dioxide through photosynthesis or 

22 chemosynthesis, such as through the 

23 growing of algae or bacteria; 

24 ‘‘(II) through the chemical con25 version of carbon dioxide to a material 


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1 or chemical compound in which the 

2 carbon dioxide is securely stored; or 

3 ‘‘(III) through the use of carbon 

4 dioxide for any other purpose for 

5 which a commercial market exists, as 

6 determined by the Administrator. 

7 ‘‘(ii) PROGRAM.—The Administrator 

8 shall carry out a research and development 

9 program for carbon dioxide utilization to 

10 promote technologies that transform car11 bon dioxide generated by industrial proc12 esses into a product of commercial value, 

13 or as an input to products of commercial 

14 value. 

15 ‘‘(iii) TECHNICAL AND FINANCIAL AS16 SISTANCE.—Not later than 2 years after 

17 the date of enactment of the USE IT Act, 

18 in carrying out this subsection, the Admin19 istrator shall support research and infra20 structure activities relating to carbon diox21 ide utilization by providing technical assist22 ance and financial assistance in accordance 

23 with clause (iv). 

24 ‘‘(iv) ELIGIBILITY.—To be eligible to 

25 receive technical assistance and financial 


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1 assistance under clause (iii), a carbon diox2 ide utilization project shall— 

3 ‘‘(I) have access to an emissions 

4 stream generated by a stationary 

5 source within the United States that 

6 is capable of supplying not less than 

7 250 metric tons per day of carbon di8 oxide for research; 

9 ‘‘(II) have access to adequate 

10 space for a laboratory and equipment 

11 for testing small-scale carbon dioxide 

12 utilization technologies, with onsite 

13 access to larger test bays for scale-up; 

14 and 

15 ‘‘(III) have existing partnerships 

16 with institutions of higher education, 

17 private companies, States, or other 

18 government entities. 

19 ‘‘(v) COORDINATION.—In supporting 

20 carbon dioxide utilization projects under 

21 this paragraph, the Administrator shall 

22 collaborate, as appropriate, with the head 

23 of any relevant Federal agency, States, the 

24 private sector, and institutions of higher 

25 education to develop methods and techVerDate Sep 11 2014 23:57 May 24, 2018 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\S2602.RS S2602

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1 nologies to account for the carbon dioxide 

2 emissions avoided by the carbon dioxide 

3 utilization projects. 

4 ‘‘(vi) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appro6 priated to carry out this subparagraph 

7 $50,000,000, to remain available until ex8 pended. 

9 ‘‘(D) REPORT ON CARBON DIOXIDE NON10 REGULATORY STRATEGIES AND TECH11 NOLOGIES.— 

12 ‘‘(i) IN GENERAL.—Not less fre13 quently than once every 2 years, the Ad14 ministrator shall submit to the Committee 

15 on Environment and Public Works of the 

16 Senate and the Committee on Energy and 

17 Commerce of the House of Representatives 

18 a report that describes— 

19 ‘‘(I) the recipients of assistance 

20 under subparagraphs (B) and (C); 

21 and 

22 ‘‘(II) a plan for supporting addi23 tional nonregulatory strategies and 

24 technologies that could significantly 

25 prevent carbon dioxide emissions or 


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1 reduce carbon dioxide levels in the air, 

2 in conjunction with other Federal 

3 agencies. 

4 ‘‘(ii) INCLUSIONS.—The plan sub5 mitted under clause (i) shall include— 

6 ‘‘(I) a methodology for evaluating 

7 and ranking technologies based on the 

8 ability of the technologies to cost ef9 fectively reduce carbon dioxide emis10 sions or carbon dioxide levels in the 

11 air; and 

12 ‘‘(II) a description of any nonair13 related environmental or energy con14 siderations regarding the tech15 nologies.’’. 

16 TITLE II—IMPROVEMENT OF 

17 PERMITTING PROCESS FOR 

18 CARBON DIOXIDE CAPTURE 

19 AND INFRASTRUCTURE PROJ20 ECTS 

21 SEC. 201. INCLUSION OF CARBON CAPTURE INFRASTRUC22 TURE PROJECTS. 

23 Section 41001(6) of the FAST Act (42 U.S.C. 

24 4370m(6)) is amended— 

25 (1) in subparagraph (A)— 


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1 (A) in the matter preceding clause (i), by 

2 inserting ‘‘carbon capture,’’ before ‘‘renewable 

3 or conventional’’; 

4 (B) in clause (i)(III), by striking ‘‘or’’ at 

5 the end; 

6 (C) by redesignating clause (ii) as clause 

7 (iii); and 

8 (D) by inserting after clause (i) the fol9 lowing: 

10 ‘‘(ii) is covered by a programmatic 

11 plan or environmental review developed for 

12 the primary purpose of facilitating develop13 ment of carbon dioxide pipelines; or’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(C) ASSOCIATED DEFINITION.—For pur16 poses of subparagraph (A), the term ‘construc17 tion of infrastructure for carbon capture’ in18 cludes construction of any facility, technology, 

19 or system that captures, utilizes, or sequesters 

20 carbon dioxide emissions and carbon dioxide 

21 pipelines.’’. 


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1 SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZA2 TION, AND SEQUESTRATION PERMITTING 

3 GUIDANCE AND REGIONAL PERMITTING 

4 TASK FORCE. 

5 (a) DEVELOPMENT OF GUIDANCE.— 

6 (1) IN GENERAL.—Not later than 1 year after 

7 the date of enactment of this Act, the Chair of the 

8 Council on Environmental Quality (referred to in 

9 this section as the ‘‘Chair’’), in consultation with the 

10 Administrator of the Environmental Protection 

11 Agency, the Secretary of Energy, the Secretary of 

12 the Interior, and the head of any other relevant Fed13 eral agency (as determined by the President), shall 

14 prepare guidance— 

15 (A) to facilitate reviews associated with the 

16 deployment of carbon capture, utilization, and 

17 sequestration projects and carbon dioxide pipe18 lines; and 

19 (B) that identifies current or emerging ac20 tivities that transform captured carbon dioxide 

21 into a product of commercial value, or as an 

22 input to products of commercial value. 

23 (2) REQUIREMENTS.—The guidance under 

24 paragraph (1) shall— 

25 (A) address requirements under— 


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1 (i) the National Environmental Policy 

2 Act of 1969 (42 U.S.C. 4321 et seq.); 

3 (ii) the Federal Water Pollution Con4 trol Act (33 U.S.C. 1251 et seq.); 

5 (iii) the Clean Air Act (42 U.S.C. 

6 7401 et seq.); 

7 (iv) the Safe Drinking Water Act (42 

8 U.S.C. 300f et seq.); 

9 (v) the Endangered Species Act of 

10 1973 (16 U.S.C. 1531 et seq.); 

11 (vi) division A of subtitle III of title 

12 54, United States Code (formerly known 

13 as the ‘‘National Historic Preservation 

14 Act’’); 

15 (vii) the Migratory Bird Treaty Act 

16 (16 U.S.C. 703 et seq.); 

17 (viii) the Act of June 8, 1940 (16 

18 U.S.C. 668 et seq.) (commonly known as 

19 the ‘‘Bald and Golden Eagle Protection 

20 Act’’); and 

21 (ix) any other Federal law that the 

22 Chair determines to be appropriate; and 

23 (B) include guidance to States for the de24 velopment of programmatic environmental re25 views under the National Environmental Policy 


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1 Act of 1969 (42 U.S.C. 4321 et seq.) for siting, 

2 analyzing, and authorizing carbon dioxide pipe3 line networks. 

4 (3) SUBMISSION; PUBLICATION.—The Chair 

5 shall— 

6 (A) submit the guidance under paragraph 

7 (1) to the Committee on Environment and Pub8 lic Works of the Senate and the Committee on 

9 Energy and Commerce of the House of Rep10 resentatives; and 

11 (B) publish and make publicly available 

12 the guidance under paragraph (1). 

13 (b) TASK FORCE.— 

14 (1) ESTABLISHMENT.—Not later than 18 

15 months after the date of enactment of this Act, the 

16 Chair shall establish not less than 2 task forces, 

17 which shall each cover a different geographical area 

18 that faces differing demographic, land use, or geo19 logical issues, to identify permitting challenges that 

20 permitting authorities and project developers and 

21 operators face. 

22 (2) MEMBERS AND SELECTION.— 

23 (A) IN GENERAL.—The Chair shall— 

24 (i) develop criteria for the selection of 

25 members to each task force; and 


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1 (ii) select members for each task force 

2 in accordance with clause (i) and subpara3 graph (B). 

4 (B) MEMBERS.—Each task force— 

5 (i) shall include not less than 1 rep6 resentative of each of— 

7 (I) the Environmental Protection 

8 Agency; 

9 (II) the Department of Energy; 

10 (III) the Department of the Inte11 rior; 

12 (IV) any other Federal agency 

13 the Chair determines to be appro14 priate; 

15 (V) any State that requests par16 ticipation in the geographical area 

17 covered by the task force; 

18 (VI) industry; and 

19 (VII) nongovernmental organiza20 tions; and 

21 (ii) at the request of a Tribal or local 

22 government, may include a representative 

23 of— 


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1 (I) not less than 1 local govern2 ment in the geographical area covered 

3 by the task force; and 

4 (II) not less than 1 Tribal gov5 ernment in the geographical area cov6 ered by the task force. 

7 (3) MEETINGS.— 

8 (A) IN GENERAL.—Each task force shall 

9 meet not less than twice each year. 

10 (B) JOINT MEETING.—To the maximum 

11 extent practicable, the task forces shall meet 

12 collectively not less than once each year. 

13 (4) DUTIES.—Each task force shall— 

14 (A) inventory existing or potential ap15 proaches to facilitate reviews associated with 

16 the deployment of carbon capture, utilization, 

17 and sequestration projects and carbon dioxide 

18 pipelines; 

19 (B) develop common models for State-level 

20 carbon dioxide pipeline regulation and oversight 

21 guidelines that can be shared with States in the 

22 geographical area covered by the task force; 

23 (C) provide technical assistance to States 

24 in the geographical area covered by the task 

25 force in implementing regulatory requirements 


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1 and any models developed under subparagraph 

2 (B); and 

3 (D) develop guidance for relevant Federal 

4 agencies on how to develop and research tech5 nologies that— 

6 (i) can capture carbon dioxide; and 

7 (ii) would be able to be deployed with8 in the region covered by the task force, in9 cluding any projects that have received 

10 technical or financial assistance for re11 search under paragraph (6) of section 

12 103(g) of the Clean Air Act (42 U.S.C. 

13 7403(g)). 

14 (5) REPORT.—Each year, each task force shall 

15 prepare and submit to the Chair and to the other 

16 task forces a report that includes— 

17 (A) any recommendations for improve18 ments in the issuance or administration of Fed19 eral permits and other Federal authorizations 

20 required under a law described in subsection 

21 (a)(2)(A); and 

22 (B) any other nationally relevant informa23 tion that the task force has collected in carrying 

24 out the duties under paragraph (4). 


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1 (6) EVALUATION AND REVISION.—The Chair 

2 shall— 

3 (A) evaluate the reports under paragraph 

4 (5) and, as necessary, revise the guidance under 

5 subsection (a); and 

6 (B) submit to the Committee on Environ7 ment and Public Works of the Senate, the Com8 mittee on Energy and Commerce of the House 

9 of Representatives, and relevant Federal agen10 cies each year any revisions to the guidance 

11 under subsection (a) and a report that describes 

12 any recommendations for legislation, rules, or 

13 revisions to rules that would address the issues 

14 identified by the task forces under paragraph 

15 (5). 

16 SECTION 1. SHORT TITLE. 

17 This Act may be cited as the ‘‘Utilizing Significant 

18 Emissions with Innovative Technologies Act’’ or the ‘‘USE 

19 IT Act’’. 


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1 TITLE I—ENCOURAGING 

2 PROJECTS TO REDUCE EMIS3 SIONS 

4 SEC. 101. RESEARCH, INVESTIGATION, TRAINING, AND 

5 OTHER ACTIVITIES. 

6 Section 103 of the Clean Air Act (42 U.S.C. 7403) is 

7 amended— 

8 (1) in subsection (c)(3), in the first sentence of 

9 the matter preceding subparagraph (A), by striking 

10 ‘‘percursors’’ and inserting ‘‘precursors’’; and 

11 (2) in subsection (g)— 

12 (A) by redesignating paragraphs (1) 

13 through (4) as subparagraphs (A) through (D), 

14 respectively, and indenting appropriately; 

15 (B) in the undesignated matter following 

16 subparagraph (D) (as so redesignated)— 

17 (i) in the second sentence, by striking 

18 ‘‘The Administrator’’ and inserting the fol19 lowing: 

20 ‘‘(5) COORDINATION AND AVOIDANCE OF DUPLI21 CATION.—The Administrator’’; and 

22 (ii) in the first sentence, by striking 

23 ‘‘Nothing’’ and inserting the following: 

24 ‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; 


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1 (C) in the matter preceding subparagraph 

2 (A) (as so redesignated)— 

3 (i) in the third sentence, by striking 

4 ‘‘Such program’’ and inserting the fol5 lowing: 

6 ‘‘(3) PROGRAM INCLUSIONS.—The program 

7 under this subsection’’; 

8 (ii) in the second sentence— 

9 (I) by inserting ‘‘States, institu10 tions of higher education,’’ after ‘‘sci11 entists,’’; and 

12 (II) by striking ‘‘Such strategies 

13 and technologies shall be developed’’ 

14 and inserting the following: 

15 ‘‘(2) PARTICIPATION REQUIREMENT.—Such 

16 strategies and technologies described in paragraph (1) 

17 shall be developed’’; and 

18 (iii) in the first sentence, by striking 

19 ‘‘In carrying out’’ and inserting the fol20 lowing: 

21 ‘‘(1) IN GENERAL.—In carrying out’’; and 

22 (D) by adding at the end the following: 

23 ‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— 

24 ‘‘(A) IN GENERAL.—In carrying out para25 graph (3)(A) with respect to carbon dioxide, the 


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1 Administrator shall carry out the activities de2 scribed in each of subparagraphs (B), (C), (D), 

3 and (E). 

4 ‘‘(B) DIRECT AIR CAPTURE RESEARCH.— 

5 ‘‘(i) DEFINITIONS.—In this subpara6 graph: 

7 ‘‘(I) BOARD.—The term ‘Board’ 

8 means the Direct Air Capture Tech9 nology Advisory Board established by 

10 clause (iii)(I). 

11 ‘‘(II) DILUTE.—The term ‘dilute’ 

12 means a concentration of less than 1 

13 percent by volume. 

14 ‘‘(III) DIRECT AIR CAPTURE.— 

15 ‘‘(aa) IN GENERAL.—The 

16 term ‘direct air capture’, with re17 spect to a facility, technology, or 

18 system, means that the facility, 

19 technology, or system uses carbon 

20 capture equipment to capture car21 bon dioxide directly from the air. 

22 ‘‘(bb) EXCLUSION.—The term 

23 ‘direct air capture’ does not in24 clude any facility, technology, or 


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1 system that captures carbon diox2 ide— 

3 ‘‘(AA) that is delib4 erately released from a natu5 rally occurring subsurface 

6 spring; or 

7 ‘‘(BB) using natural 

8 photosynthesis. 

9 ‘‘(IV) INTELLECTUAL PROP10 ERTY.—The term ‘intellectual property’ 

11 means— 

12 ‘‘(aa) an invention that is 

13 patentable under title 35, United 

14 States Code; and 

15 ‘‘(bb) any patent on an in16 vention described in item (aa). 

17 ‘‘(ii) TECHNOLOGY PRIZES.— 

18 ‘‘(I) IN GENERAL.—Not later than 

19 1 year after the date of enactment of 

20 the USE IT Act, the Administrator, in 

21 consultation with the Secretary of En22 ergy, shall establish a program to pro23 vide, and shall provide, financial 

24 awards on a competitive basis for di25 rect air capture from media in which 


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1 the concentration of carbon dioxide is 

2 dilute. 

3 ‘‘(II) DUTIES.—In carrying out 

4 this clause, the Administrator shall— 

5 ‘‘(aa) subject to subclause 

6 (III), develop specific require7 ments for— 

8 ‘‘(AA) the competition 

9 process; and 

10 ‘‘(BB) monitoring and 

11 verification procedures for 

12 approved projects; 

13 ‘‘(bb) offer financial awards 

14 for a project designed— 

15 ‘‘(AA) to capture more 

16 than 10,000 tons of carbon 

17 dioxide per year; and 

18 ‘‘(BB) to be deployed at 

19 a cost of less than $200 per 

20 ton of carbon dioxide cap21 tured; and 

22 ‘‘(cc) to the maximum extent 

23 practicable, make financial 

24 awards to geographically diverse 

25 projects, including at least— 


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1 ‘‘(AA) 1 project in a 

2 coastal State; and 

3 ‘‘(BB) 1 project in a 

4 rural State. 

5 ‘‘(III) PUBLIC PARTICIPATION.— 

6 In carrying out subclause (II)(aa), the 

7 Administrator shall— 

8 ‘‘(aa) provide notice of and, 

9 for a period of not less than 60 

10 days, an opportunity for public 

11 comment on, any draft or pro12 posed version of the requirements 

13 described in subclause (II)(aa); 

14 and 

15 ‘‘(bb) take into account pub16 lic comments received in devel17 oping the final version of those re18 quirements. 

19 ‘‘(IV) PEER REVIEW.—No finan20 cial awards may be provided under 

21 this clause until the proposal for which 

22 the award is sought has been peer re23 viewed in accordance with such stand24 ards for peer review as are established 

25 by the Administrator. 


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1 ‘‘(iii) DIRECT AIR CAPTURE TECH2 NOLOGY ADVISORY BOARD.— 

3 ‘‘(I) ESTABLISHMENT.—There is 

4 established an advisory board to be 

5 known as the ‘Direct Air Capture 

6 Technology Advisory Board’. 

7 ‘‘(II) COMPOSITION.—The Board 

8 shall be composed of 9 members ap9 pointed by the Administrator, who 

10 shall provide expertise in— 

11 ‘‘(aa) climate science; 

12 ‘‘(bb) physics; 

13 ‘‘(cc) chemistry; 

14 ‘‘(dd) biology; 

15 ‘‘(ee) engineering; 

16 ‘‘(ff) economics; 

17 ‘‘(gg) business management; 

18 and 

19 ‘‘(hh) such other disciplines 

20 as the Administrator determines 

21 to be necessary to achieve the pur22 poses of this subparagraph. 

23 ‘‘(III) TERM; VACANCIES.— 


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1 ‘‘(aa) TERM.—A member of 

2 the Board shall serve for a term of 

3 6 years. 

4 ‘‘(bb) VACANCIES.—A va5 cancy on the Board— 

6 ‘‘(AA) shall not affect 

7 the powers of the Board; and 

8 ‘‘(BB) shall be filled in 

9 the same manner as the 

10 original appointment was 

11 made. 

12 ‘‘(IV) INITIAL MEETING.—Not 

13 later than 30 days after the date on 

14 which all members of the Board have 

15 been appointed, the Board shall hold 

16 the initial meeting of the Board. 

17 ‘‘(V) MEETINGS.—The Board 

18 shall meet at the call of the Chair19 person. 

20 ‘‘(VI) QUORUM.—A majority of 

21 the members of the Board shall con22 stitute a quorum, but a lesser number 

23 of members may hold hearings. 

24 ‘‘(VII) CHAIRPERSON AND VICE

25 CHAIRPERSON.—The Board shall select 


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1 a Chairperson and Vice Chairperson 

2 from among the members of the Board. 

3 ‘‘(VIII) COMPENSATION.—Each 

4 member of the Board may be com5 pensated at not to exceed the daily 

6 equivalent of the annual rate of basic 

7 pay in effect for a position at level V 

8 of the Executive Schedule under section 

9 5316 of title 5, United States Code, for 

10 each day during which the member is 

11 engaged in the actual performance of 

12 the duties of the Board. 

13 ‘‘(IX) DUTIES.—The Board shall 

14 advise the Administrator on carrying 

15 out the duties of the Administrator 

16 under this subparagraph. 

17 ‘‘(X) FACA.—The Federal Advi18 sory Committee Act (5 U.S.C. App.) 

19 shall apply to the Board. 

20 ‘‘(iv) INTELLECTUAL PROPERTY.— 

21 ‘‘(I) IN GENERAL.—As a condi22 tion of receiving a financial award 

23 under this subparagraph, an applicant 

24 shall agree to vest the intellectual prop25 erty of the applicant derived from the 


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1 technology in 1 or more entities that 

2 are incorporated in the United States. 

3 ‘‘(II) RESERVATION OF LI4 CENSE.—The United States— 

5 ‘‘(aa) may reserve a non6 exclusive, nontransferable, irrev7 ocable, paid-up license, to have 

8 practiced for or on behalf of the 

9 United States, in connection with 

10 any intellectual property de11 scribed in subclause (I); but 

12 ‘‘(bb) shall not, in the exer13 cise of a license reserved under 

14 item (aa), publicly disclose pro15 prietary information relating to 

16 the license. 

17 ‘‘(III) TRANSFER OF TITLE.— 

18 Title to any intellectual property de19 scribed in subclause (I) shall not be 

20 transferred or passed, except to an en21 tity that is incorporated in the United 

22 States, until the expiration of the first 

23 patent obtained in connection with the 

24 intellectual property. 


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1 ‘‘(v) AUTHORIZATION OF APPROPRIA2 TIONS.—There is authorized to be appro3 priated to carry out this subparagraph 

4 $25,000,000, to remain available until ex5 pended. 

6 ‘‘(vi) TERMINATION OF AUTHORITY.— 

7 The Board and all authority provided 

8 under this subparagraph shall terminate on 

9 December 31, 2028. 

10 ‘‘(C) CARBON DIOXIDE UTILIZATION RE11 SEARCH.— 

12 ‘‘(i) DEFINITION OF CARBON DIOXIDE

13 UTILIZATION.—In this subparagraph, the 

14 term ‘carbon dioxide utilization’ refers to 

15 technologies or approaches that lead to the 

16 use of carbon dioxide— 

17 ‘‘(I) through the fixation of carbon 

18 dioxide through photosynthesis or 

19 chemosynthesis, such as through the 

20 growing of algae or bacteria; 

21 ‘‘(II) through the chemical conver22 sion of carbon dioxide to a material or 

23 chemical compound in which the car24 bon dioxide is securely stored; or 


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1 ‘‘(III) through the use of carbon 

2 dioxide for any other purpose for 

3 which a commercial market exists, as 

4 determined by the Administrator. 

5 ‘‘(ii) PROGRAM.—The Administrator, 

6 in consultation with the Secretary of En7 ergy, shall carry out a research and devel8 opment program for carbon dioxide utiliza9 tion to promote existing and new tech10 nologies that transform carbon dioxide gen11 erated by industrial processes into a prod12 uct of commercial value, or as an input to 

13 products of commercial value. 

14 ‘‘(iii) TECHNICAL AND FINANCIAL AS15 SISTANCE.—Not later than 2 years after the 

16 date of enactment of the USE IT Act, in 

17 carrying out this subsection, the Adminis18 trator, in consultation with the Secretary of 

19 Energy, shall support research and infra20 structure activities relating to carbon diox21 ide utilization by providing technical assist22 ance and financial assistance in accordance 

23 with clause (iv). 

24 ‘‘(iv) ELIGIBILITY.—To be eligible to 

25 receive technical assistance and financial 


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1 assistance under clause (iii), a carbon diox2 ide utilization project shall— 

3 ‘‘(I) have access to an emissions 

4 stream generated by a stationary 

5 source within the United States that is 

6 capable of supplying not less than 250 

7 metric tons per day of carbon dioxide 

8 for research; 

9 ‘‘(II) have access to adequate 

10 space for a laboratory and equipment 

11 for testing small-scale carbon dioxide 

12 utilization technologies, with onsite ac13 cess to larger test bays for scale-up; 

14 and 

15 ‘‘(III) have existing partnerships 

16 with institutions of higher education, 

17 private companies, States, or other 

18 government entities. 

19 ‘‘(v) COORDINATION.—In supporting 

20 carbon dioxide utilization projects under 

21 this paragraph, the Administrator shall 

22 consult with the Secretary of Energy, and, 

23 as appropriate, with the head of any other 

24 relevant Federal agency, States, the private 

25 sector, and institutions of higher education 


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1 to develop methods and technologies to ac2 count for the carbon dioxide emissions 

3 avoided by the carbon dioxide utilization 

4 projects, including the consideration of 

5 lifecycle analysis developed pursuant to sec6 tion 45Q(f)(5)(B) of the Internal Revenue 

7 Code of 1986. 

8 ‘‘(vi) AUTHORIZATION OF APPROPRIA9 TIONS.—There is authorized to be appro10 priated to carry out this subparagraph 

11 $50,000,000, to remain available until ex12 pended. 

13 ‘‘(D) DEEP SALINE FORMATION REPORT.— 

14 ‘‘(i) DEFINITION OF DEEP SALINE FOR15 MATION.— 

16 ‘‘(I) IN GENERAL.—In this sub17 paragraph, the term ‘deep saline for18 mation’ means a formation of sub19 surface geographically extensive sedi20 mentary rock layers saturated with 

21 waters or brines that have a high total 

22 dissolved solids content and that are 

23 below the depth where carbon dioxide 

24 can exist in the formation as a super25 critical fluid. 


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1 ‘‘(II) CLARIFICATION.—In this 

2 subparagraph, the term ‘deep saline 

3 formation’ does not include oil and gas 

4 reservoirs. 

5 ‘‘(ii) REPORT.—In consultation with 

6 the Secretary of Energy, and, as appro7 priate, with the head of any other relevant 

8 Federal agency and relevant stakeholders, 

9 not later than 1 year after the date of enact10 ment of the USE IT Act, the Administrator 

11 shall prepare, submit to Congress, and make 

12 publicly available a report that includes— 

13 ‘‘(I) a comprehensive identifica14 tion of potential risks and benefits to 

15 project developers associated with in16 creased storage of carbon dioxide cap17 tured from stationary sources in deep 

18 saline formations, using existing re19 search; 

20 ‘‘(II) recommendations for man21 aging the potential risks identified 

22 under subclause (I), including poten23 tial risks unique to public land; and 

24 ‘‘(III) recommendations for Fed25 eral legislation or other policy changes 


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1 to mitigate any potential risks identi2 fied under subclause (I). 

3 ‘‘(E) REPORT ON CARBON DIOXIDE NON4 REGULATORY STRATEGIES AND TECH5 NOLOGIES.— 

6 ‘‘(i) IN GENERAL.—Not less frequently 

7 than once every 2 years, the Administrator 

8 shall submit to the Committee on Environ9 ment and Public Works of the Senate and 

10 the Committee on Energy and Commerce of 

11 the House of Representatives a report that 

12 describes— 

13 ‘‘(I) the recipients of assistance 

14 under subparagraphs (B) and (C); and 

15 ‘‘(II) a plan for supporting addi16 tional nonregulatory strategies and 

17 technologies that could significantly 

18 prevent carbon dioxide emissions or re19 duce carbon dioxide levels in the air, 

20 in conjunction with other Federal 

21 agencies. 

22 ‘‘(ii) INCLUSIONS.—The plan sub23 mitted under clause (i) shall include— 

24 ‘‘(I) a methodology for evaluating 

25 and ranking technologies based on the 


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1 ability of the technologies to cost effec2 tively reduce carbon dioxide emissions 

3 or carbon dioxide levels in the air; and 

4 ‘‘(II) a description of any nonair5 related environmental or energy con6 siderations regarding the tech7 nologies.’’. 

8 TITLE II—IMPROVEMENT OF 

9 PERMITTING PROCESS FOR 

10 CARBON DIOXIDE CAPTURE 

11 AND INFRASTRUCTURE 

12 PROJECTS 

13 SEC. 201. INCLUSION OF CARBON CAPTURE INFRASTRUC14 TURE PROJECTS. 

15 Section 41001(6) of the FAST Act (42 U.S.C. 

16 4370m(6)) is amended— 

17 (1) in subparagraph (A)— 

18 (A) in the matter preceding clause (i), by 

19 inserting ‘‘carbon capture,’’ before ‘‘renewable or 

20 conventional’’; 

21 (B) in clause (i)(III), by striking ‘‘or’’ at 

22 the end; 

23 (C) by redesignating clause (ii) as clause 

24 (iii); and 


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1 (D) by inserting after clause (i) the fol2 lowing: 

3 ‘‘(ii) is covered by a programmatic 

4 plan or environmental review developed for 

5 the primary purpose of facilitating develop6 ment of carbon dioxide pipelines; or’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(C) ASSOCIATED DEFINITION.—For pur9 poses of subparagraph (A), the term ‘construc10 tion of infrastructure for carbon capture’ in11 cludes construction of any facility, technology, or 

12 system that captures, utilizes, or sequesters car13 bon dioxide emissions and carbon dioxide pipe14 lines.’’. 

15 SEC. 202. DEVELOPMENT OF CARBON CAPTURE, UTILIZA16 TION, AND SEQUESTRATION REPORT, PER17 MITTING GUIDANCE, AND REGIONAL PERMIT18 TING TASK FORCE. 

19 (a) DEFINITION OF EFFICIENT, ORDERLY, AND RE20 SPONSIBLE.—In this section, the term ‘‘efficient, orderly, 

21 and responsible’’ means, with respect to development or the 

22 permitting process for carbon capture, utilization, and se23 questration projects and carbon dioxide pipelines, a process 

24 that is completed in an expeditious manner while main25 taining environmental, health, and safety protections. 


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1 (b) REPORT.— 

2 (1) IN GENERAL.—Not later than 180 days after 

3 the date of enactment of this Act, the Chair of the 

4 Council on Environmental Quality (referred to in 

5 this section as the ‘‘Chair’’), in consultation with the 

6 Administrator of the Environmental Protection Agen7 cy, the Secretary of Energy, the Secretary of the Inte8 rior, the Executive Director of the Federal Permitting 

9 Improvement Council, and the head of any other rel10 evant Federal agency (as determined by the Presi11 dent), shall prepare a report that— 

12 (A) compiles all existing relevant Federal 

13 permitting and review information and resources 

14 for project applicants, agencies, and other stake15 holders interested in the deployment of carbon 

16 capture, utilization, and sequestration projects 

17 and carbon dioxide pipelines, including— 

18 (i) the appropriate points of inter19 action with Federal agencies; 

20 (ii) clarification of the permitting re21 sponsibilities and authorities among Fed22 eral agencies; and 

23 (iii) best practices and templates for 

24 permitting; 


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1 (B) inventories current or emerging activi2 ties that transform captured carbon dioxide into 

3 a product of commercial value, or as an input 

4 to products of commercial value; 

5 (C) identifies gaps in the current Federal 

6 regulatory framework for the deployment of car7 bon capture, utilization, and sequestration 

8 projects and carbon dioxide pipelines; 

9 (D) identifies Federal financing mecha10 nisms available to project developers, including 

11 tax credits under section 45Q of the Internal 

12 Revenue Code of 1986; and 

13 (E) identifies any lifecycle analysis devel14 oped pursuant to section 45Q(f)(5)(B) of the In15 ternal Revenue Code of 1986. 

16 (2) SUBMISSION; PUBLICATION.—The Chair 

17 shall— 

18 (A) submit the report under paragraph (1) 

19 to the Committee on Environment and Public 

20 Works of the Senate and the Committee on En21 ergy and Commerce of the House of Representa22 tives; and 

23 (B) as soon as practicable, make the report 

24 publicly available. 

25 (c) GUIDANCE.— 


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1 (1) IN GENERAL.—After submission of the report 

2 under subsection (b)(2), but not later than 1 year 

3 after the date of enactment of this Act, the Chair shall 

4 submit guidance consistent with that report to all rel5 evant Federal agencies that— 

6 (A) facilitates reviews associated with the 

7 deployment of carbon capture, utilization, and 

8 sequestration projects and carbon dioxide pipe9 lines; and 

10 (B) supports the efficient, orderly, and re11 sponsible development of carbon capture, utiliza12 tion, and sequestration projects and carbon diox13 ide pipelines. 

14 (2) REQUIREMENTS.— 

15 (A) IN GENERAL.—The guidance under 

16 paragraph (1) shall address requirements 

17 under— 

18 (i) the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.); 

20 (ii) the Federal Water Pollution Con21 trol Act (33 U.S.C. 1251 et seq.); 

22 (iii) the Clean Air Act (42 U.S.C. 7401 

23 et seq.); 

24 (iv) the Safe Drinking Water Act (42 

25 U.S.C. 300f et seq.); 


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1 (v) the Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.); 

3 (vi) division A of subtitle III of title 

4 54, United States Code (formerly known as 

5 the ‘‘National Historic Preservation Act’’); 

6 (vii) the Migratory Bird Treaty Act 

7 (16 U.S.C. 703 et seq.); 

8 (viii) the Act of June 8, 1940 (16 

9 U.S.C. 668 et seq.) (commonly known as the 

10 ‘‘Bald and Golden Eagle Protection Act’’); 

11 and 

12 (ix) any other Federal law that the 

13 Chair determines to be appropriate. 

14 (B) ENVIRONMENTAL REVIEWS.—The guid15 ance under paragraph (1) shall include direction 

16 to States and other interested parties for the de17 velopment of programmatic environmental re18 views under the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.) for carbon 

20 capture, utilization, and sequestration projects 

21 and carbon dioxide pipelines. 

22 (C) PUBLIC INVOLVEMENT.—The guidance 

23 under paragraph (1) shall be subject to the pub24 lic notice, comment, and solicitation of informa25 tion procedures under section 1506.6 of title 40, 


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1 Code of Federal Regulations (or a successor regu2 lation). 

3 (3) SUBMISSION; PUBLICATION.—The Chair 

4 shall— 

5 (A) submit the guidance under paragraph 

6 (1) to the Committee on Environment and Pub7 lic Works of the Senate and the Committee on 

8 Energy and Commerce of the House of Rep9 resentatives; and 

10 (B) as soon as practicable, make the guid11 ance publicly available. 

12 (4) EVALUATION.—The Chair shall— 

13 (A) periodically evaluate the reports of the 

14 task forces under subsection (d)(5) and, as nec15 essary, revise the guidance under paragraph (1); 

16 and 

17 (B) each year, submit to the Committee on 

18 Environment and Public Works of the Senate, 

19 the Committee on Energy and Commerce of the 

20 House of Representatives, and relevant Federal 

21 agencies a report that describes any rec22 ommendations for legislation, rules, revisions to 

23 rules, or other policies that would address the 

24 issues identified by the task forces under sub25 section (d)(5). 


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1 (d) TASK FORCE.— 

2 (1) ESTABLISHMENT.—Not later than 18 months 

3 after the date of enactment of this Act, the Chair shall 

4 establish not less than 2 task forces, which shall each 

5 cover a different geographical area with differing de6 mographic, land use, or geological issues— 

7 (A) to identify permitting and other chal8 lenges and successes that permitting authorities 

9 and project developers and operators face; and 

10 (B) to improve the performance of the per11 mitting process and regional coordination for the 

12 purpose of promoting the efficient, orderly, and 

13 responsible development of carbon capture, utili14 zation, and sequestration projects and carbon di15 oxide pipelines. 

16 (2) MEMBERS AND SELECTION.— 

17 (A) IN GENERAL.—The Chair shall— 

18 (i) develop criteria for the selection of 

19 members to each task force; and 

20 (ii) select members for each task force 

21 in accordance with clause (i) and subpara22 graph (B). 

23 (B) MEMBERS.—Each task force— 

24 (i) shall include not less than 1 rep25 resentative of each of— 


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1 (I) the Environmental Protection 

2 Agency; 

3 (II) the Department of Energy; 

4 (III) the Department of the Inte5 rior; 

6 (IV) any other Federal agency the 

7 Chair determines to be appropriate; 

8 (V) any State that requests par9 ticipation in the geographical area 

10 covered by the task force; 

11 (VI) developers or operators of 

12 carbon capture, utilization, and seques13 tration projects or carbon dioxide pipe14 lines; and 

15 (VII) nongovernmental member16 ship organizations, the primary mis17 sion of which concerns protection of the 

18 environment; and 

19 (ii) at the request of a Tribal or local 

20 government, may include a representative 

21 of— 

22 (I) not less than 1 local govern23 ment in the geographical area covered 

24 by the task force; and 


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1 (II) not less than 1 Tribal govern2 ment in the geographical area covered 

3 by the task force. 

4 (3) MEETINGS.— 

5 (A) IN GENERAL.—Each task force shall 

6 meet not less than twice each year. 

7 (B) JOINT MEETING.—To the maximum ex8 tent practicable, the task forces shall meet collec9 tively not less than once each year. 

10 (4) DUTIES.—Each task force shall— 

11 (A) inventory existing or potential Federal 

12 and State approaches to facilitate reviews associ13 ated with the deployment of carbon capture, uti14 lization, and sequestration projects and carbon 

15 dioxide pipelines, including best practices that— 

16 (i) avoid duplicative reviews; 

17 (ii) engage stakeholders early in the 

18 permitting process; and 

19 (iii) make the permitting process effi20 cient, orderly, and responsible. 

21 (B) develop common models for State-level 

22 carbon dioxide pipeline regulation and oversight 

23 guidelines that can be shared with States in the 

24 geographical area covered by the task force; 


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1 (C) provide technical assistance to States in 

2 the geographical area covered by the task force in 

3 implementing regulatory requirements and any 

4 models developed under subparagraph (B); 

5 (D) inventory current or emerging activities 

6 that transform captured carbon dioxide into a 

7 product of commercial value, or as an input to 

8 products of commercial value; 

9 (E) identify gaps in the current Federal 

10 and State regulatory framework and in existing 

11 data for the deployment of carbon capture, utili12 zation, and sequestration projects and carbon di13 oxide pipelines; 

14 (F) identify Federal and State financing 

15 mechanisms available to project developers, in16 cluding tax credits under section 45Q of the In17 ternal Revenue Code of 1986; 

18 (G) identify any lifecycle analysis developed 

19 pursuant to section 45Q(f)(5)(B) of the Internal 

20 Revenue Code of 1986; and 

21 (H) develop recommendations for relevant 

22 Federal agencies on how to develop and research 

23 technologies that— 

24 (i) can capture carbon dioxide; and 


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1 (ii) would be able to be deployed with2 in the region covered by the task force, in3 cluding any projects that have received tech4 nical or financial assistance for research 

5 under paragraph (6) of section 103(g) of the 

6 Clean Air Act (42 U.S.C. 7403(g)). 

7 (5) REPORT.—Each year, each task force shall 

8 prepare and submit to the Chair and to the other task 

9 forces a report that includes— 

10 (A) any recommendations for improvements 

11 in efficient, orderly, and responsible issuance or 

12 administration of Federal permits and other 

13 Federal authorizations required under a law de14 scribed in subsection (c)(2)(A); and 

15 (B) any other nationally relevant informa16 tion that the task force has collected in carrying 

17 out the duties under paragraph (4). 

18 (6) EVALUATION.—Not later than December 31, 

19 2023, the Chair shall— 

20 (A) reevaluate the need for the task forces; 

21 and 

22 (B) submit to Congress a recommendation 

23 as to whether the task forces should continue. 


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Calendar No. 435 

115TH CONGRESS 

2D SESSION S. 2602 

A BILL 

To support carbon dioxide utilization and direct air 

lines, and for other purposes. sequestration projects and carbon dioxide pipedevelopment of carbon capture, utilization, and capture research, to facilitate the permitting and 

MAY 24, 2018 

Reported with an amendment 


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