I 
116TH CONGRESS 
2D SESSION 
H. R. 5865 
To advance technologies for carbon capture, utilization, and storage, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 12, 2020 
Mr. MCKINLEY introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Science, Space, and Technology, Natural Resources, Transportation and 
Infrastructure, and Ways and Means, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To advance technologies for carbon capture, utilization, and 
storage, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Carbon Capture, Utili-
zation, and Storage Innovation Act’’ or the ‘‘CCUS Inno-
vation Act’’. 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
SEC. 2. PROJECTS FOR CARBON CAPTURE, UTILIZATION, 
AND STORAGE. 
(a) CATEGORIES.—Section 1703(b)(5) of the Energy 
Policy Act of 2005 (42 U.S.C. 16513(b)(5)) is amended 
by striking ‘‘Carbon capture and sequestration’’ and in-
serting ‘‘Carbon capture, utilization, and storage’’. 
(b) INCLUDED PROJECTS.—Section 1703 of the En-
ergy Policy Act of 2005 (42 U.S.C. 16513) is amended 
by adding at the end the following: 
‘‘(f) CARBON CAPTURE, UTILIZATION, AND STORAGE 
PROJECTS.—The category of projects described in sub-
section (b)(5) includes projects involving practices or tech-
nologies relating to— 
‘‘(1) development of infrastructure to enable 
carbon capture, utilization, or storage, including 
pipelines; 
‘‘(2) direct air capture; 
‘‘(3) pre-combustion capture, and post-combus-
tion capture, of carbon dioxide for fossil fuel based 
systems, such as power plants and industrial proc-
esses that utilize fossil energy; 
‘‘(4) carbon dioxide storage in geologic forma-
tions; 
‘‘(5) carbon storage efficiency and security 
through the use of new and early-stage monitoring 
tools and models; 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(6) the conversion of carbon dioxide into sub-
stances or products with higher economic value; 
‘‘(7) the conversion of carbon dioxide into bio-
mass; 
‘‘(8) the synthesis of fuels and organic chemi-
cals; and 
‘‘(9) the synthesis of inorganic materials and 
chemicals.’’. 
(c) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Energy shall 
submit to the Committee on Energy and Commerce of the 
House of Representatives a report describing— 
(1) with respect to projects described in sub-
section (f) of section 1703 of the Energy Policy Act 
of 2005 (as added by this section)— 
(A) the status of each such project for 
which a guarantee has been awarded under 
such section 1703; and 
(B) any recommendations relating to im-
plementation of title XVII of such Act with re-
spect to such projects; 
(2) opportunities to expand the use of carbon 
capture, utilization, and storage for reducing indus-
trial sector emissions; 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(3) statutory and regulatory barriers to the de-
ployment and commercialization of carbon capture, 
utilization, and storage technologies; and 
(4) any recommendations to advance carbon 
capture, utilization, and storage technologies. 
SEC. 3. RESEARCH, INVESTIGATION, TRAINING, AND OTHER 
ACTIVITIES. 
Section 103 of the Clean Air Act (42 U.S.C. 7403) 
is amended— 
(1) in subsection (c)(3), in the first sentence of 
the matter preceding subparagraph (A), by striking 
‘‘percursors’’ and inserting ‘‘precursors’’; and 
(2) in subsection (g)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (4) as subparagraphs (A) through (D), 
respectively, and indenting appropriately; 
(B) in the undesignated matter following 
subparagraph (D) (as so redesignated)— 
(i) in the second sentence, by striking 
‘‘The Administrator’’ and inserting the fol-
lowing: 
‘‘(5) COORDINATION AND AVOIDANCE OF DU-
PLICATION.—The Administrator’’; and 
(ii) in the first sentence, by striking 
‘‘Nothing’’ and inserting the following: 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(4) EFFECT OF SUBSECTION.—Nothing’’; 
(C) in the matter preceding subparagraph 
(A) (as so redesignated)— 
(i) in the third sentence, by striking 
‘‘Such program’’ and inserting the fol-
lowing: 
‘‘(3) PROGRAM
INCLUSIONS.—The program 
under this subsection’’; 
(ii) in the second sentence— 
(I) by inserting ‘‘States, institu-
tions of higher education,’’ after ‘‘sci-
entists,’’; and 
(II) by striking ‘‘Such strategies 
and technologies shall be developed’’ 
and inserting the following: 
‘‘(2) 
PARTICIPATION
REQUIREMENT.—Such 
strategies and technologies described in paragraph 
(1) shall be developed’’; and 
(iii) in the first sentence, by striking 
‘‘In carrying out’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—In carrying out’’; and 
(D) by adding at the end the following: 
‘‘(6) CERTAIN CARBON DIOXIDE ACTIVITIES.— 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
seeable future (as deter-
mined by the Board); and 
‘‘(cc) to the maximum ex-
tent 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 pro-
posed version of the requirements 
described in subclause (II)(aa); 
and 
‘‘(bb) take into account pub-
lic comments received in devel-
oping the final version of those 
requirements. 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(iii) DIRECT
AIR
CAPTURE
TECH-
NOLOGY 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 ap-
pointed by the Administrator, who 
shall provide expertise in— 
‘‘(aa) climate science; 
‘‘(bb) physics; 
‘‘(cc) chemistry; 
‘‘(dd) biology; 
‘‘(ee) engineering; 
‘‘(ff) economics; 
‘‘(gg) business management; 
and 
‘‘(hh) such other disciplines 
as the Administrator determines 
to be necessary to achieve the 
purposes of this subparagraph. 
‘‘(III) TERM; VACANCIES.— 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(aa) TERM.—A member of 
the Board shall serve for a term 
of 6 years. 
‘‘(bb) VACANCIES.—A va-
cancy 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 Chair-
person or on the request of the Ad-
ministrator. 
‘‘(VI) QUORUM.—A majority of 
the members of the Board shall con-
stitute a quorum, but a lesser number 
of members may hold hearings. 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(VII) CHAIRPERSON AND VICE 
CHAIRPERSON.—The Board shall se-
lect a Chairperson and Vice Chair-
person from among the members of 
the Board. 
‘‘(VIII) 
COMPENSATION.—Each 
member of the Board may be com-
pensated 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 sec-
tion 5316 of title 5, United States 
Code, for each day during which the 
member is engaged in the actual per-
formance 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 Advi-
sory Committee Act (5 U.S.C. App.) 
shall apply to the Board. 
‘‘(iv) INTELLECTUAL PROPERTY.— 
‘‘(I) IN GENERAL.—As a condi-
tion of receiving a financial award 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
under this subparagraph, an applicant 
shall agree to vest the intellectual 
property of the applicant derived from 
the technology in one or more entities 
that are incorporated in the United 
States. 
‘‘(II) 
RESERVATION
OF
LI-
CENSE.—The United States— 
‘‘(aa) may reserve a non-
exclusive, nontransferable, irrev-
ocable, paid-up license, to have 
practiced for or on behalf of the 
United States, in connection with 
any 
intellectual 
property 
de-
scribed in subclause (I); but 
‘‘(bb) shall not, in the exer-
cise of a license reserved under 
item (aa), publicly disclose pro-
prietary information relating to 
the license. 
‘‘(III) TRANSFER
OF
TITLE.— 
Title to any intellectual property de-
scribed in subclause (I) shall not be 
transferred or passed, except to an 
entity that is incorporated in the 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
United States, until the expiration of 
the first patent obtained in connection 
with the intellectual property. 
‘‘(v) AUTHORIZATION OF APPROPRIA-
TIONS.— 
‘‘(I) 
IN
GENERAL.—Of 
the 
amounts authorized to be appro-
priated for the Environmental Protec-
tion Agency, $35,000,000 shall be 
available to carry out this subpara-
graph, to remain available until ex-
pended. 
‘‘(II) REQUIREMENT.—Research 
carried out using amounts made avail-
able under subclause (I) may not du-
plicate research funded by the Depart-
ment of Energy. 
‘‘(vi) TERMINATION OF AUTHORITY.— 
The Board and all authority provided 
under this subparagraph shall terminate 
not later than 10 years after the date of 
enactment of the CCUS Innovation Act. 
‘‘(C) CARBON
DIOXIDE
UTILIZATION
RE-
SEARCH.— 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(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 car-
bon dioxide through photosynthesis or 
chemosynthesis, such as through the 
growing of algae or bacteria; 
‘‘(II) through the chemical con-
version 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 En-
ergy, shall carry out a research and devel-
opment program for carbon dioxide utiliza-
tion to promote existing and new tech-
nologies that transform carbon dioxide 
generated by industrial processes into a 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
product of commercial value, or as an 
input to products of commercial value. 
‘‘(iii) TECHNICAL AND FINANCIAL AS-
SISTANCE.—Not later than 2 years after 
the date of enactment of the CCUS Inno-
vation Act, in carrying out this subsection, 
the Administrator, in consultation with the 
Secretary of Energy, shall support re-
search and infrastructure activities relating 
to carbon dioxide utilization by providing 
technical assistance and financial assist-
ance in accordance with clause (iv). 
‘‘(iv) ELIGIBILITY.—To be eligible to 
receive technical assistance and financial 
assistance under clause (iii), a carbon diox-
ide 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 di-
oxide for research; 
‘‘(II) have access to adequate 
space for a laboratory and equipment 
for testing small-scale carbon dioxide 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
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 pri-
vate sector, and institutions of higher edu-
cation to develop methods and technologies 
to account for the carbon dioxide emissions 
avoided by the carbon dioxide utilization 
projects. 
‘‘(vi) AUTHORIZATION OF APPROPRIA-
TIONS.— 
‘‘(I) 
IN
GENERAL.—Of 
the 
amounts authorized to be appro-
priated for the Environmental Protec-
tion Agency, $50,000,000 shall be 
available to carry out this subpara-
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
graph, to remain available until ex-
pended. 
‘‘(II) REQUIREMENT.—Research 
carried out using amounts made avail-
able under subclause (I) may not du-
plicate research funded by the Depart-
ment of Energy. 
‘‘(D) 
DEEP
SALINE
FORMATION
RE-
PORT.— 
‘‘(i) DEFINITION
OF
DEEP
SALINE 
FORMATION.— 
‘‘(I) IN GENERAL.—In this sub-
paragraph, the term ‘deep saline for-
mation’ means a formation of sub-
surface geographically extensive sedi-
mentary 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 super-
critical fluid. 
‘‘(II) CLARIFICATION.—In this 
subparagraph, the term ‘deep saline 
formation’ does not include oil and 
gas reservoirs. 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(ii) REPORT.—In consultation with 
the Secretary of Energy, and, as appro-
priate, with the head of any other relevant 
Federal agency and relevant stakeholders, 
not later than 1 year after the date of en-
actment of the CCUS Innovation Act, the 
Administrator shall prepare, submit to 
Congress, and make publicly available a re-
port that includes— 
‘‘(I) a comprehensive identifica-
tion of potential risks and benefits to 
project developers associated with in-
creased storage of carbon dioxide cap-
tured from stationary sources in deep 
saline formations, using existing re-
search; 
‘‘(II) recommendations, if any, 
for managing the potential risks iden-
tified under subclause (I), including 
potential risks unique to public land; 
and 
‘‘(III) recommendations, if any, 
for Federal legislation or other policy 
changes to mitigate any potential 
risks identified under subclause (I). 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(E) REPORT ON CARBON DIOXIDE NON-
REGULATORY
STRATEGIES
AND
TECH-
NOLOGIES.— 
‘‘(i) IN
GENERAL.—Not less fre-
quently than once every 2 years, the Ad-
ministrator shall submit to the Committee 
on Environment and Public Works of the 
Senate and the Committee on Energy and 
Commerce of the House of Representatives 
a report that describes— 
‘‘(I) the recipients of assistance 
under subparagraphs (B) and (C); 
and 
‘‘(II) a plan for supporting addi-
tional 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 sub-
mitted under clause (i) shall include— 
‘‘(I) a methodology for evaluating 
and ranking technologies based on the 
ability of the technologies to cost ef-
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
fectively reduce carbon dioxide emis-
sions or carbon dioxide levels in the 
air; and 
‘‘(II) a description of any nonair- 
related environmental or energy con-
siderations 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 pro-
grams in which a purpose of a grant under 
the program is to perform research on car-
bon capture and utilization technologies, 
including direct air capture technologies; 
and 
‘‘(ii) examines the extent to which the 
Federal grant programs identified pursu-
ant to clause (i) overlap or are duplica-
tive.’’. 
SEC. 4. REPORT. 
Not later than 1 year after the date of enactment 
of this Act, the Administrator of the Environmental Pro-
tection Agency (referred to in this Act as the ‘‘Adminis-
trator’’) shall submit to Congress a report describing how 
funds appropriated to the Administrator during the 5 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
most recent fiscal years have been used to carry out sec-
tion 103 of the Clean Air Act (42 U.S.C. 7403), including 
a description of— 
(1) the amount of funds used to carry out spe-
cific provisions of that section; and 
(2) the practices used by the Administrator to 
differentiate funding used to carry out that section, 
as compared to funding used to carry out other pro-
visions of law. 
SEC. 5. INCLUSION OF CARBON CAPTURE INFRASTRUC-
TURE PROJECTS. 
Section 41001(6) of the FAST Act (42 U.S.C. 
4370m(6)) is amended— 
(1) in subparagraph (A)— 
(A) in the matter preceding clause (i), by 
inserting ‘‘carbon capture,’’ after ‘‘manufac-
turing,’’; 
(B) in clause (i)(III), by striking ‘‘or’’ at 
the end; 
(C) by redesignating clause (ii) as clause 
(iii); and 
(D) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) is covered by a programmatic 
plan or environmental review developed for 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
the primary purpose of facilitating develop-
ment of carbon dioxide pipelines; or’’; and 
(2) by adding at the end the following: 
‘‘(C) INCLUSION.—For purposes of sub-
paragraph (A), construction of infrastructure 
for carbon capture includes construction of— 
‘‘(i) any facility, technology, or system 
that captures, utilizes, or sequesters car-
bon dioxide emissions, including projects 
for direct air capture (as defined in para-
graph (6)(B)(i) of section 103(g) of the 
Clean Air Act (42 U.S.C. 7403(g)); and 
‘‘(ii) carbon dioxide pipelines.’’. 
SEC. 6. DEVELOPMENT OF CARBON CAPTURE, UTILIZA-
TION, AND SEQUESTRATION REPORT, PER-
MITTING GUIDANCE, AND REGIONAL PERMIT-
TING TASK FORCE. 
(a) DEFINITIONS.—In this section: 
(1) CARBON CAPTURE, UTILIZATION, AND SE-
QUESTRATION PROJECTS.—The term ‘‘carbon cap-
ture, utilization, and sequestration projects’’ includes 
projects for direct air capture (as defined in para-
graph (6)(B)(i) of section 103(g) of the Clean Air 
Act (42 U.S.C. 7403(g))). 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(2) 
EFFICIENT, 
ORDERLY, 
AND
RESPON-
SIBLE.—The term ‘‘efficient, orderly, and respon-
sible’’ means, with respect to development or the 
permitting process for carbon capture, utilization, 
and sequestration projects and carbon dioxide pipe-
lines, a process that is completed in an expeditious 
manner while maintaining environmental, health, 
and safety protections. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Chair of 
the Council on Environmental Quality (referred to in 
this Act as the ‘‘Chair’’), in consultation with the 
Administrator of the Environmental Protection 
Agency, the Secretary of Energy, the Secretary of 
the Interior, the Executive Director of the Federal 
Permitting Improvement Council, and the head of 
any other relevant Federal agency (as determined by 
the President), shall prepare a report that— 
(A) compiles all existing relevant Federal 
permitting and review information and re-
sources for project applicants, agencies, and 
other stakeholders interested in the deployment 
of carbon capture, utilization, and sequestration 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
projects and carbon dioxide pipelines, includ-
ing— 
(i) the appropriate points of inter-
action with Federal agencies; 
(ii) clarification of the permitting re-
sponsibilities and authorities among Fed-
eral agencies; and 
(iii) best practices and templates for 
permitting; 
(B) inventories current or emerging activi-
ties that transform captured carbon dioxide into 
a product of commercial value, or as an input 
to products of commercial value; 
(C) inventories existing initiatives and re-
cent publications that analyze or identify pri-
ority carbon dioxide pipelines needed to enable 
efficient, orderly, and responsible development 
of carbon capture, utilization, and sequestration 
projects at increased scale; 
(D) identifies gaps in the current Federal 
regulatory framework for the deployment of 
carbon capture, utilization, and sequestration 
projects and carbon dioxide pipelines; and 
(E) identifies Federal financing mecha-
nisms available to project developers. 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(2) SUBMISSION; 
PUBLICATION.—The Chair 
shall— 
(A) submit the report under paragraph (1) 
to the Committee on Environment and Public 
Works of the Senate and the Committee on En-
ergy and Commerce of the House of Represent-
atives; and 
(B) as soon as practicable, make the report 
publicly available. 
(c) GUIDANCE.— 
(1) IN GENERAL.—After submission of the re-
port under subsection (b)(2), but not later than 1 
year after the date of enactment of this Act, the 
Chair shall submit guidance consistent with that re-
port to all relevant Federal agencies that— 
(A) facilitates reviews associated with the 
deployment of carbon capture, utilization, and 
sequestration projects and carbon dioxide pipe-
lines; and 
(B) supports the efficient, orderly, and re-
sponsible development of carbon capture, utili-
zation, and sequestration projects and carbon 
dioxide pipelines. 
(2) REQUIREMENTS.— 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(A) IN
GENERAL.—The guidance under 
paragraph (1) shall address requirements 
under— 
(i) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
(ii) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); 
(iii) the Clean Air Act (42 U.S.C. 
7401 et seq.); 
(iv) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(v) the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.); 
(vi) division A of subtitle III of title 
54, United States Code (formerly known 
as the ‘‘National Historic Preservation 
Act’’); 
(vii) the Migratory Bird Treaty Act 
(16 U.S.C. 703 et seq.); 
(viii) the Act of June 8, 1940 (16 
U.S.C. 668 et seq.) (commonly known as 
the ‘‘Bald and Golden Eagle Protection 
Act’’); and 
(ix) any other Federal law that the 
Chair determines to be appropriate. 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(B) 
ENVIRONMENTAL
REVIEWS.—The 
guidance under paragraph (1) shall include di-
rection to States and other interested parties 
for the development of programmatic environ-
mental reviews under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for carbon capture, utilization, and se-
questration projects and carbon dioxide pipe-
lines. 
(C) PUBLIC INVOLVEMENT.—The guidance 
under paragraph (1) shall be subject to the 
public notice, comment, and solicitation of in-
formation procedures under section 1506.6 of 
title 40, Code of Federal Regulations (or a suc-
cessor regulation). 
(3) SUBMISSION; 
PUBLICATION.—The Chair 
shall— 
(A) submit the guidance under paragraph 
(1) to the Committee on Environment and Pub-
lic Works of the Senate and the Committee on 
Energy and Commerce of the House of Rep-
resentatives; and 
(B) as soon as practicable, make the guid-
ance publicly available. 
(4) EVALUATION.—The Chair shall— 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(A) periodically evaluate the reports of the 
task forces under subsection (d)(5) and, as nec-
essary, revise the guidance under paragraph 
(1); and 
(B) each year, submit to the Committee on 
Environment and Public Works of the Senate, 
the Committee on Energy and Commerce of the 
House of Representatives, and relevant Federal 
agencies a report that describes any rec-
ommendations for legislation, rules, revisions to 
rules, or other policies that would address the 
issues identified by the task forces under sub-
section (d)(5). 
(d) TASK FORCE.— 
(1) ESTABLISHMENT.—Not later than 18 
months after the date of enactment of this Act, the 
Chair shall establish not less than 2 task forces, 
which shall each cover a different geographical area 
with differing demographic, land use, or geological 
issues— 
(A) to identify permitting and other chal-
lenges and successes that permitting authorities 
and project developers and operators face; and 
(B) to improve the performance of the per-
mitting process and regional coordination for 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
the purpose of promoting the efficient, orderly, 
and responsible development of carbon capture, 
utilization, and sequestration projects and car-
bon dioxide pipelines. 
(2) MEMBERS AND SELECTION.— 
(A) IN GENERAL.—The Chair shall— 
(i) develop criteria for the selection of 
members to each task force; and 
(ii) select members for each task force 
in accordance with clause (i) and subpara-
graph (B). 
(B) MEMBERS.—Each task force— 
(i) shall include not less than 1 rep-
resentative of each of— 
(I) the Environmental Protection 
Agency; 
(II) the Department of Energy; 
(III) the Department of the Inte-
rior; 
(IV) any other Federal agency 
the Chair determines to be appro-
priate; 
(V) any State that requests par-
ticipation in the geographical area 
covered by the task force; 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(VI) developers or operators of 
carbon capture, utilization, and se-
questration projects or carbon dioxide 
pipelines; and 
(VII) nongovernmental member-
ship organizations, the primary mis-
sion of which concerns protection of 
the environment; and 
(ii) at the request of a Tribal or local 
government, may include a representative 
of— 
(I) not less than 1 local govern-
ment in the geographical area covered 
by the task force; and 
(II) not less than 1 Tribal gov-
ernment in the geographical area cov-
ered by the task force. 
(3) MEETINGS.— 
(A) IN GENERAL.—Each task force shall 
meet not less than twice each year. 
(B) JOINT
MEETING.—To the maximum 
extent practicable, the task forces shall meet 
collectively not less than once each year. 
(4) DUTIES.—Each task force shall— 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(A) inventory existing or potential Federal 
and State approaches to facilitate reviews asso-
ciated with the deployment of carbon capture, 
utilization, and sequestration projects and car-
bon dioxide pipelines, including best practices 
that— 
(i) avoid duplicative reviews; 
(ii) engage stakeholders early in the 
permitting process; and 
(iii) make the permitting process effi-
cient, orderly, and responsible; 
(B) develop common models for State-level 
carbon dioxide pipeline regulation and oversight 
guidelines that can be shared with States in the 
geographical area covered by the task force; 
(C) provide technical assistance to States 
in the geographical area covered by the task 
force in implementing regulatory requirements 
and any models developed under subparagraph 
(B); 
(D) inventory current or emerging activi-
ties that transform captured carbon dioxide into 
a product of commercial value, or as an input 
to products of commercial value; 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(E) identify any priority carbon dioxide 
pipelines needed to enable efficient, orderly, and 
responsible development of carbon capture, uti-
lization, and sequestration projects at increased 
scale; 
(F) identify gaps in the current Federal 
and State regulatory framework and in existing 
data for the deployment of carbon capture, uti-
lization, and sequestration projects and carbon 
dioxide pipelines; 
(G) identify Federal and State financing 
mechanisms available to project developers; and 
(H) develop recommendations for relevant 
Federal agencies on how to develop and re-
search technologies that— 
(i) can capture carbon dioxide; and 
(ii) would be able to be deployed with-
in the region covered by the task force, in-
cluding any projects that have received 
technical or financial assistance for re-
search under paragraph (6) of section 
103(g) of the Clean Air Act (42 U.S.C. 
7403(g)). 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(5) REPORT.—Each year, each task force shall 
prepare and submit to the Chair and to the other 
task forces a report that includes— 
(A) any recommendations for improve-
ments in efficient, orderly, and responsible 
issuance or administration of Federal permits 
and other Federal authorizations required 
under a law described in subsection (c)(2)(A); 
and 
(B) any other nationally relevant informa-
tion that the task force has collected in carrying 
out the duties under paragraph (4). 
(6) EVALUATION.—Not later than 5 years after 
the date of enactment of this Act, the Chair shall— 
(A) reevaluate the need for the task forces; 
and 
(B) submit to Congress a recommendation 
as to whether the task forces should continue. 
SEC. 7. EXTENSION OF PUBLICLY TRADED PARTNERSHIP 
OWNERSHIP STRUCTURE TO CERTAIN SE-
QUESTRATION ACTIVITIES. 
(a) IN GENERAL.—Subparagraph (E) of section 
7704(d)(1) of the Internal Revenue Code of 1986 is 
amended— 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(1) by striking ‘‘income and gains derived from 
the exploration’’ and inserting ‘‘income and gains 
derived from the following: 
‘‘(i) 
MINERALS, 
NATURAL
RE-
SOURCES, ETC.—The exploration’’; 
(2) 
by 
inserting 
‘‘or’’ 
before 
‘‘industrial 
source’’; 
(3) by inserting a period after ‘‘carbon diox-
ide’’; 
(4) by striking ‘‘or the transportation or stor-
age’’ and inserting the following: 
‘‘(ii) CERTAIN FUELS.—The transpor-
tation or storage’’; 
(5) by striking the comma at the end and in-
serting a period; and 
(6) by adding at the end the following new 
clauses: 
‘‘(iii) GASIFICATION
WITH
SEQUES-
TRATION.—The production of any product 
or the generation of electric power from a 
project— 
‘‘(I) which meets the require-
ments of subparagraphs (A) and (B) 
of section 48B(c)(1), and 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(II) not less than 75 percent of 
the total carbon oxide emissions of 
which is qualified carbon oxide (as de-
fined in section 45Q(c)) which is dis-
posed of or utilized as provided in 
paragraph (6). 
‘‘(iv) CARBON CAPTURE AND SEQUES-
TRATION.— 
‘‘(I) POWER GENERATION FACILI-
TIES.—The generation or storage of 
electric power (including associated 
income from the sale or marketing of 
energy, capacity, resource adequacy, 
and ancillary services) produced from 
any power generation facility which is, 
or from any power generation unit 
within, a qualified facility which is de-
scribed in section 45Q(d) and not less 
than 50 percent (30 percent in the 
case of a facility or unit placed in 
service before January 1, 2019) of the 
total carbon oxide emissions of which 
is qualified carbon oxide which is dis-
posed of or utilized as provided in 
paragraph (6). 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
‘‘(II) OTHER
FACILITIES.—The 
sale of any good or service from any 
facility (other than a power generation 
facility) which is a qualified facility 
described in section 45Q(d) and the 
captured qualified carbon oxide (as so 
defined) of which is disposed of as 
provided in paragraph (6).’’. 
(b) DISPOSAL AND UTILIZATION OF CAPTURED CAR-
BON OXIDE.—Section 7704(d) of such Code is amended 
by adding at the end the following new paragraph: 
‘‘(6) DISPOSAL AND UTILIZATION OF CAPTURED 
CARBON OXIDE.—For purposes of clauses (iii) and 
(iv) of paragraph (1)(E), carbon oxide is disposed of 
or utilized as provided in this paragraph if such car-
bon oxide is— 
‘‘(A) placed into secure geological storage 
(as determined under section 45Q(f)(2)), 
‘‘(B) used as a tertiary injectant (as de-
fined in section 45Q(e)(3)) in a qualified en-
hanced oil or natural gas recovery project (as 
defined in section 45Q(e)(2)) and placed into 
secure geological storage (as so determined), or 
‘‘(C) utilized in a manner described in sec-
tion 45Q(f)(5).’’. 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, in taxable years ending after such date. 
Æ 
VerDate Sep 11 2014 
22:50 Feb 19, 2020
Jkt 099200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6301
E:\BILLS\H5865.IH
H5865
kjohnson on DSK79L0C42PROD with BILLS