I 
117TH CONGRESS 
1ST SESSION H. R. 1992 
To require the Secretary of Energy to establish programs for carbon dioxide 
capture, transport, utilization, and storage, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2021 
Mr. VEASEY (for himself, Mr. MCKINLEY, Mrs. BUSTOS, Mr. STAUBER, Ms. 
SEWELL, and Ms. CHENEY) introduced the following bill; which was re-
ferred to the Committee on Science, Space, and Technology, and in addi-
tion to the Committees on Energy and Commerce, and Transportation 
and Infrastructure, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To require the Secretary of Energy to establish programs 
for carbon dioxide capture, transport, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Storing CO2 and Lowering Emissions Act’’ or the 
‘‘SCALE Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—UTILIZATION OF CARBON OXIDES 
Sec. 101. Carbon utilization program. 
TITLE II—TRANSPORTATION OF CAPTURED CARBON 
Sec. 201. Carbon capture technology program. 
Sec. 202. Carbon dioxide transportation infrastructure finance and innovation. 
TITLE III—GEOLOGIC STORAGE OF CAPTURED CARBON 
Sec. 301. Carbon storage validation and testing. 
Sec. 302. Secure geologic storage permitting. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the industrial sector is integral to the econ-
omy of the United States— 
(A) providing millions of jobs and essential 
products; and 
(B) demonstrating global leadership in 
manufacturing and innovation; 
(2) carbon capture and storage technologies are 
necessary for reducing hard-to-abate emissions from 
the industrial sector, which emits nearly 25 percent 
of carbon dioxide emissions in the United States; 
(3) carbon removal and storage technologies, in-
cluding direct air capture, must be deployed at 
large-scale in the coming decades to remove carbon 
dioxide directly from the atmosphere; 
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(4) large-scale deployment of carbon capture, 
removal, utilization, transport, and storage— 
(A) is critical for achieving mid-century cli-
mate goals; and 
(B) will drive regional economic develop-
ment, technological innovation, and high-wage 
employment; 
(5) carbon capture, removal, and utilization 
technologies require a backbone system of shared 
carbon dioxide transport and storage infrastructure 
to enable large-scale deployment, realize economies 
of scale, and create an interconnected carbon man-
agement market; 
(6) carbon dioxide transport infrastructure and 
permanent geological storage are proven and safe 
technologies with existing Federal and State regu-
latory frameworks; 
(7) carbon dioxide transport and storage infra-
structure share similar barriers to deployment pre-
viously faced by other types of critical national infra-
structure, such as high capital costs and chicken- 
and-egg challenges, that require Federal and State 
support, in combination with private investment, to 
be overcome; and 
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(8) each State should take into consideration, 
with respect to new carbon dioxide transportation in-
frastructure— 
(A) qualifying the infrastructure as pollu-
tion control devices under applicable laws (in-
cluding regulations) of the State; and 
(B) establishing a waiver of ad valorem 
and property taxes for the infrastructure for a 
period of not less than 10 years. 
TITLE I—UTILIZATION OF 
CARBON OXIDES 
SEC. 101. CARBON UTILIZATION PROGRAM. 
Section 969A of the Energy Policy Act of 2005 (42 
U.S.C. 16298a) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (3) and 
(4) as paragraphs (4) and (5), respectively; and 
(B) by inserting after paragraph (2) the 
following: 
‘‘(3) to develop or obtain, in coordination with 
other applicable Federal agencies and standard-set-
ting organizations, standards and certifications, as 
appropriate, to facilitate the commercialization of 
the products and technologies described in para-
graph (2);’’; 
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(2) in subsection (b)— 
(A) by redesignating paragraph (2) as 
paragraph (3); 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) GRANT PROGRAM.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the Storing CO2 
and Lowering Emissions Act, the Secretary 
shall establish a program to provide grants to 
eligible entities to use in accordance with sub-
paragraph (D). 
‘‘(B) ELIGIBLE ENTITIES.—To be eligible 
to receive a grant under this paragraph, an en-
tity shall be— 
‘‘(i) a State; 
‘‘(ii) a unit of local government; or 
‘‘(iii) a public utility or agency. 
‘‘(C) APPLICATIONS.—Eligible entities de-
siring a grant under this paragraph shall sub-
mit to the Secretary an application at such 
time, in such manner, and containing such in-
formation as the Secretary determines to be ap-
propriate. 
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‘‘(D) USE OF FUNDS.—An eligible entity 
shall use a grant received under this paragraph 
to procure and use commercial or industrial 
products that— 
‘‘(i) use or are derived from anthropo-
genic carbon oxides; and 
‘‘(ii) demonstrate significant net re-
ductions in lifecycle greenhouse gas emis-
sions compared to incumbent technologies, 
processes, and products.’’; and 
(C) in paragraph (3) (as so redesignated), 
by striking ‘‘paragraph (1)’’ and inserting ‘‘this 
subsection’’; and 
(3) in subsection (d), by striking paragraphs 
(1) through (5) and inserting the following: 
‘‘(1) $64,000,000 for fiscal year 2021; 
‘‘(2) $65,250,000 for fiscal year 2022; 
‘‘(3) $66,562,500 for fiscal year 2023; 
‘‘(4) $67,940,625 for fiscal year 2024; and 
‘‘(5) $69,387,656 for fiscal year 2025.’’. 
TITLE II—TRANSPORTATION OF 
CAPTURED CARBON 
SEC. 201. CARBON CAPTURE TECHNOLOGY PROGRAM. 
Section 962 of the Energy Policy Act of 2005 (42 
U.S.C. 16292) is amended— 
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(1) in subsection (b)(2)— 
(A) in subparagraph (C), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (D), by striking ‘‘pro-
gram.’’ and inserting ‘‘program for carbon cap-
ture technologies; and’’; and 
(C) by adding at the end the following: 
‘‘(E) a front-end engineering and design 
program for carbon dioxide transport infra-
structure necessary to enable deployment of 
carbon capture, utilization, and storage tech-
nologies.’’; and 
(2) in subsection (d)(1)— 
(A) in subparagraph (C)(ii), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (D), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(E) for activities under the front-end en-
gineering and design program described in sub-
section (b)(2)(E), $20,000,000 for each of fis-
cal years 2022 through 2025.’’. 
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SEC. 202. CARBON DIOXIDE TRANSPORTATION INFRA-
STRUCTURE FINANCE AND INNOVATION. 
(a) IN GENERAL.—Title IX of the Energy Policy Act 
of 2005 (42 U.S.C. 16181 et seq.) is amended by adding 
at the end the following: 
‘‘Subtitle J—Carbon Dioxide Trans-
portation 
Infrastructure 
Fi-
nance and Innovation 
‘‘SEC. 999A. DEFINITIONS. 
‘‘In this subtitle: 
‘‘(1) CIFIA PROGRAM.—The term ‘CIFIA pro-
gram’ means the carbon dioxide transportation in-
frastructure finance and innovation program estab-
lished under section 999B(a). 
‘‘(2) COMMON
CARRIER.—The term ‘common 
carrier’ means a transportation infrastructure oper-
ator or owner that— 
‘‘(A) publishes a publicly available tariff 
containing the just and reasonable rates, terms, 
and conditions of nondiscriminatory service; 
and 
‘‘(B) holds itself out to provide transpor-
tation services to the public for a fee. 
‘‘(3) CONTINGENT
COMMITMENT.—The term 
‘contingent commitment’ means a commitment to 
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obligate funds from future available budget author-
ity that is— 
‘‘(A) contingent on those funds being made 
available in law at a future date; and 
‘‘(B) not an obligation of the Federal Gov-
ernment. 
‘‘(4) ELIGIBLE PROJECT COSTS.—The term ‘eli-
gible project costs’ means amounts substantially all 
of which are paid by, or for the account of, an obli-
gor in connection with a project, including— 
‘‘(A) the cost of— 
‘‘(i) development-phase activities, in-
cluding planning, feasibility analysis, rev-
enue forecasting, environmental review, 
permitting, preliminary engineering and 
design work, and other preconstruction ac-
tivities; 
‘‘(ii) construction, reconstruction, re-
habilitation, replacement, and acquisition 
of real property (including land relating to 
the project and improvements to land), en-
vironmental mitigation, construction con-
tingencies, and acquisition and installation 
of equipment (including labor); and 
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‘‘(iii) capitalized interest necessary to 
meet market requirements, reasonably re-
quired reserve funds, capital issuance ex-
penses, and other carrying costs during 
construction; and 
‘‘(B) transaction costs associated with fi-
nancing the project, including— 
‘‘(i) the cost of legal counsel and tech-
nical consultants; and 
‘‘(ii) any subsidy amount paid in ac-
cordance with section 999B(c)(3)(B)(ii) or 
section 999C(b)(6)(B)(ii). 
‘‘(5) FEDERAL
CREDIT
INSTRUMENT.—The 
term ‘Federal credit instrument’ means a secured 
loan or loan guarantee authorized to be provided 
under the CIFIA program with respect to a project. 
‘‘(6) LENDER.—The term ‘lender’ means any 
non-Federal qualified institutional buyer (as defined 
in section 230.144A(a) of title 17, Code of Federal 
Regulations (or a successor regulation), commonly 
known as Rule 144A(a) of the Securities and Ex-
change Commission and issued under the Securities 
Act of 1933 (15 U.S.C. 77a et seq.)), including— 
‘‘(A) a qualified retirement plan (as de-
fined in section 4974(c) of the Internal Revenue 
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Code of 1986) that is a qualified institutional 
buyer; and 
‘‘(B) a governmental plan (as defined in 
section 414(d) of the Internal Revenue Code of 
1986) that is a qualified institutional buyer. 
‘‘(7) LETTER OF INTEREST.—The term ‘letter 
of interest’ means a letter submitted by a potential 
applicant prior to an application for credit assistance 
in a format prescribed by the Secretary on the 
website of the CIFIA program that— 
‘‘(A) describes the project and the location, 
purpose, and cost of the project; 
‘‘(B) outlines the proposed financial plan, 
including the requested credit and grant assist-
ance and the proposed obligor; 
‘‘(C) provides a status of environmental re-
view; and 
‘‘(D) provides information regarding satis-
faction of other eligibility requirements of the 
CIFIA program. 
‘‘(8) LOAN GUARANTEE.—The term ‘loan guar-
antee’ means any guarantee or other pledge by the 
Secretary to pay all or part of the principal of, and 
interest on, a loan or other debt obligation issued by 
an obligor and funded by a lender. 
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‘‘(9) MASTER CREDIT AGREEMENT.—The term 
‘master credit agreement’ means a conditional agree-
ment that— 
‘‘(A) is for the purpose of extending credit 
assistance for— 
‘‘(i) a project of high priority under 
section 999B(c)(3)(A); or 
‘‘(ii) a project covered under section 
999B(c)(3)(B); 
‘‘(B) does not provide for a current obliga-
tion of Federal funds; and 
‘‘(C) would— 
‘‘(i) make a contingent commitment of 
a Federal credit instrument or grant at a 
future date, subject to— 
‘‘(I) the availability of future 
funds being made available to carry 
out the CIFIA program; and 
‘‘(II) the satisfaction of all condi-
tions for the provision of credit assist-
ance under the CIFIA program, in-
cluding section 999C(b); 
‘‘(ii) establish the maximum amounts 
and general terms and conditions of the 
Federal credit instruments or grants; 
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‘‘(iii) identify the 1 or more revenue 
sources that will secure the repayment of 
the Federal credit instruments; 
‘‘(iv) provide for the obligation of 
funds for the Federal credit instruments or 
grants after all requirements have been 
met for the projects subject to the agree-
ment, including— 
‘‘(I) compliance with all applica-
ble requirements specified under the 
CIFIA program, including sections 
999B(d) and 999C(b)(1); and 
‘‘(II) the availability of funds to 
carry out the CIFIA program; and 
‘‘(v) require that contingent commit-
ments shall result in a financial close and 
obligation of credit or grant assistance by 
not later than 4 years after the date of 
entry into the agreement or release of the 
commitment, as applicable, unless other-
wise extended by the Secretary. 
‘‘(10) OBLIGOR.—The term ‘obligor’ means a 
corporation, partnership, joint venture, trust, gov-
ernmental entity, agency, or instrumentality, or 
other entity that is primarily liable for payment of 
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the principal of, or interest on, a Federal credit in-
strument. 
‘‘(11) PRODUCED IN THE UNITED STATES.— 
The term ‘produced in the United States’, with re-
spect to iron and steel, means that all manufac-
turing processes for the iron and steel, including the 
application of any coating, occurs within the United 
States. 
‘‘(12) PROJECT.—The term ‘project’ means a 
project for common carrier carbon dioxide transpor-
tation infrastructure or associated equipment, in-
cluding pipeline, shipping, rail, or other transpor-
tation infrastructure and associated equipment, that 
will transport or handle carbon dioxide captured 
from anthropogenic sources or ambient air, as the 
Secretary determines to be appropriate. 
‘‘(13) 
PROJECT
OBLIGATION.—The 
term 
‘project obligation’ means any note, bond, debenture, 
or other debt obligation issued by an obligor in con-
nection with the financing of a project, other than 
a Federal credit instrument. 
‘‘(14) SECURED
LOAN.—The term ‘secured 
loan’ means a direct loan or other debt obligation 
issued by an obligor and funded by the Secretary in 
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connection with the financing of a project under sec-
tion 999C. 
‘‘(15) SUBSIDY
AMOUNT.—The term ‘subsidy 
amount’ means the amount of budget authority suf-
ficient to cover the estimated long-term cost to the 
Federal Government of a Federal credit instru-
ment— 
‘‘(A) calculated on a net present value 
basis; and 
‘‘(B) excluding administrative costs and 
any incidental effects on governmental receipts 
or outlays in accordance with the Federal Cred-
it Reform Act of 1990 (2 U.S.C. 661 et seq.). 
‘‘(16) SUBSTANTIAL
COMPLETION.—The term 
‘substantial completion’, with respect to a project, 
means the date— 
‘‘(A) on which the project commences 
transportation of carbon dioxide; or 
‘‘(B) of a comparable event to the event 
described in subparagraph (A), as determined 
by the Secretary and specified in the project 
credit agreement. 
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‘‘SEC. 
999B. 
DETERMINATION 
OF 
ELIGIBILITY 
AND 
PROJECT SELECTION. 
‘‘(a) ESTABLISHMENT OF PROGRAM.—The Secretary 
shall establish and carry out a carbon dioxide transpor-
tation infrastructure finance and innovation program, 
under which the Secretary shall provide for eligible 
projects in accordance with this subtitle— 
‘‘(1) a Federal credit instrument under section 
999C; 
‘‘(2) a grant under section 999D; or 
‘‘(3) both a Federal credit instrument and a 
grant. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—A project shall be eligible 
to receive a Federal credit instrument or a grant 
under the CIFIA program if— 
‘‘(A) the entity proposing to carry out the 
project submits a letter of interest prior to sub-
mission of an application under paragraph (3) 
for the project; and 
‘‘(B) the project meets the criteria de-
scribed in this subsection. 
‘‘(2) CREDITWORTHINESS.— 
‘‘(A) IN GENERAL.—Each project and obli-
gor that receives a Federal credit instrument or 
a grant under the CIFIA program shall be 
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creditworthy, such that there exists a reason-
able prospect of repayment of the principal and 
interest on the Federal credit instrument, as 
determined by the Secretary under subpara-
graph (B). 
‘‘(B) REASONABLE PROSPECT OF REPAY-
MENT.—The Secretary shall base a determina-
tion of whether there is a reasonable prospect 
of repayment under subparagraph (A) on a 
comprehensive evaluation of whether the obligor 
has a reasonable prospect of repaying the Fed-
eral credit instrument for the eligible project, 
including evaluation of— 
‘‘(i) the strength of the contractual 
terms of an eligible project (if available for 
the applicable market segment); 
‘‘(ii) the forecast of noncontractual 
cash flows supported by market projections 
from reputable sources, as determined by 
the Secretary, and cash sweeps or other 
structural enhancements; 
‘‘(iii) the projected financial strength 
of the obligor— 
‘‘(I) at the time of loan close; 
and 
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‘‘(II) throughout the loan term, 
including after the project is com-
pleted; 
‘‘(iv) the financial strength of the in-
vestors and strategic partners of the obli-
gor, if applicable; and 
‘‘(v) other financial metrics and anal-
yses that are relied on by the private lend-
ing community and nationally recognized 
credit rating agencies, as determined ap-
propriate by the Secretary. 
‘‘(3) APPLICATIONS.—To be eligible for assist-
ance under the CIFIA program, an obligor shall 
submit to the Secretary a project application at such 
time, in such manner, and containing such informa-
tion as the Secretary determines to be appropriate. 
‘‘(4) ELIGIBLE
PROJECT
COSTS.—A project 
under the CIFIA program shall have eligible project 
costs that are reasonably anticipated to equal or ex-
ceed $100,000,000. 
‘‘(5) REVENUE SOURCES.—The applicable Fed-
eral credit instrument shall be repayable, in whole or 
in part, from— 
‘‘(A) user fees; 
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‘‘(B) payments owing to the obligor under 
a public-private partnership; or 
‘‘(C) other revenue sources that also secure 
or fund the project obligations. 
‘‘(6) OBLIGOR WILL BE IDENTIFIED LATER.— 
A State, local government, agency, or instrumen-
tality of a State or local government, or a public au-
thority, may submit to the Secretary an application 
under paragraph (3), under which a private party to 
a public-private partnership will be— 
‘‘(A) the obligor; and 
‘‘(B) identified at a later date through 
completion of a procurement and selection of 
the private party. 
‘‘(7) BENEFICIAL
EFFECTS.—The Secretary 
shall determine that financial assistance for each 
project under the CIFIA program will— 
‘‘(A) attract public or private investment 
for the project; 
‘‘(B) enable the project to proceed at an 
earlier date than the project would otherwise be 
able to proceed or reduce the lifecycle costs (in-
cluding debt service costs) of the project; or 
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‘‘(C) enable the transportation of carbon 
dioxide captured from anthropogenic sources or 
ambient air. 
‘‘(8) PROJECT READINESS.—To be eligible for 
assistance under the CIFIA program, the applicant 
shall demonstrate a reasonable expectation that the 
contracting process for construction of the project 
can commence by not later than 90 days after the 
date on which a Federal credit instrument or grant 
is obligated for the project under the CIFIA pro-
gram. 
‘‘(c) SELECTION AMONG ELIGIBLE PROJECTS.— 
‘‘(1) ESTABLISHMENT OF APPLICATION PROC-
ESS.—The Secretary shall establish an application 
process under which projects that are eligible to re-
ceive assistance under subsection (b) may— 
‘‘(A) receive credit assistance on terms ac-
ceptable to the Secretary, if adequate funds are 
available (including any funds provided on be-
half of an eligible project under paragraph 
(3)(B)(ii)) to cover the subsidy amount associ-
ated with the Federal credit instrument; and 
‘‘(B) receive grants under section 999D 
if— 
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‘‘(i) adequate funds are available to 
cover the amount of the grant; and 
‘‘(ii) the Secretary determines that 
the project is eligible under subsection (b) 
of that section. 
‘‘(2) PRIORITY.—In selecting projects to receive 
credit assistance under subsection (b), the Secretary 
shall give priority to projects that— 
‘‘(A) are large-capacity, common carrier 
infrastructure; 
‘‘(B) have demonstrated demand for use of 
the infrastructure by associated projects that 
capture carbon dioxide from anthropogenic 
sources or ambient air; 
‘‘(C) enable geographical diversity in asso-
ciated projects that capture carbon dioxide from 
anthropogenic sources or ambient air, with the 
goal of enabling projects in all major carbon di-
oxide-emitting regions of the United States; and 
‘‘(D) are sited within, or adjacent to, exist-
ing pipeline or other linear infrastructure cor-
ridors, in a manner that minimizes environ-
mental disturbance and other siting concerns. 
‘‘(3) MASTER CREDIT AGREEMENTS.— 
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‘‘(A) PRIORITY PROJECTS.—The Secretary 
may enter into a master credit agreement for a 
project that the Secretary determines— 
‘‘(i) will likely be eligible for credit as-
sistance under subsection (b), on obtain-
ing— 
‘‘(I) 
additional 
commitments 
from 
associated 
carbon 
capture 
projects to use the project; or 
‘‘(II) all necessary permits and 
approvals; and 
‘‘(ii) is a project of high priority, as 
determined in accordance with the criteria 
described in paragraph (2). 
‘‘(B) ADEQUATE
FUNDING
NOT
AVAIL-
ABLE.—If the Secretary fully obligates funding 
to eligible projects for a fiscal year and ade-
quate funding is not available to fund a Federal 
credit instrument, a project sponsor (including 
a unit of State or local government) of an eligi-
ble project may elect— 
‘‘(i)(I) to enter into a master credit 
agreement in lieu of the Federal credit in-
strument; and 
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‘‘(II) to wait to execute a Federal 
credit instrument until the fiscal year for 
which additional funds are available to re-
ceive credit assistance; or 
‘‘(ii) if the lack of adequate funding is 
solely with respect to amounts available for 
the subsidy amount, to pay the subsidy 
amount to fund the Federal credit instru-
ment. 
‘‘(d) FEDERAL REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Nothing in this subtitle su-
persedes the applicability of any other requirement 
under Federal law (including regulations). 
‘‘(2) NEPA.—Federal credit assistance may 
only be provided under this subtitle for a project 
that has received an environmental categorical exclu-
sion, a finding of no significant impact, or a record 
of decision under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.). 
‘‘(e) USE OF AMERICAN IRON, STEEL, AND MANU-
FACTURED GOODS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), no Federal credit instrument or grant 
provided under the CIFIA program shall be made 
available for a project unless all iron, steel, and 
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manufactured goods used in the project are pro-
duced in the United States. 
‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply in any case or category of cases with respect 
to which the Secretary determines that— 
‘‘(A) the application would be inconsistent 
with the public interest; 
‘‘(B) iron, steel, or a relevant manufac-
tured good is not produced in the United States 
in sufficient and reasonably available quantity, 
or of a satisfactory quality; or 
‘‘(C) the inclusion of iron, steel, or a man-
ufactured good produced in the United States 
will increase the cost of the overall project by 
more than 25 percent. 
‘‘(3) WAIVERS.—If the Secretary receives a re-
quest for a waiver under this subsection, the Sec-
retary shall— 
‘‘(A) make available to the public a copy of 
the request, together with any information 
available to the Secretary concerning the re-
quest— 
‘‘(i) on an informal basis; and 
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‘‘(ii) by electronic means, including on 
the official public website of the Depart-
ment; 
‘‘(B) allow for informal public comment re-
lating to the request for not fewer than 15 days 
before making a determination with respect to 
the request; and 
‘‘(C) approve or disapprove the request by 
not later than the date that is 120 days after 
the date of receipt of the request. 
‘‘(4) APPLICABILITY.—This subsection shall be 
applied in accordance with any applicable obligations 
of the United States under international agreements. 
‘‘(f) PREVAILING RATE OF WAGE.— 
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that each laborer and mechanic employed by a con-
tractor or subcontractor for a project financed, in 
whole or in part, by a Federal credit instrument or 
grant provided under the CIFIA program shall be 
paid wages at rates not less than those prevailing on 
the same type of work on similar construction 
projects in the applicable locality, as determined by 
the Secretary of Labor under subchapter IV of chap-
ter 31 of part A of subtitle II of title 40, United 
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States Code (commonly referred to as the ‘Davis- 
Bacon Act’). 
‘‘(2) AUTHORITY OF SECRETARY OF LABOR.— 
With respect to the labor standards described in 
paragraph (1), the Secretary of Labor shall have the 
authority and functions described in Reorganization 
Plan Numbered 14 of 1950 (64 Stat. 1267; 5 
U.S.C. App.) and section 3145 of title 40, United 
States Code. 
‘‘(g) APPLICATION PROCESSING PROCEDURES.— 
‘‘(1) NOTICE
OF
COMPLETE
APPLICATION.— 
Not later than 30 days after the date of receipt of 
an application under this section, the Secretary shall 
provide to the applicant a written notice describing 
whether— 
‘‘(A) the application is complete; or 
‘‘(B) additional information or materials 
are needed to complete the application. 
‘‘(2) APPROVAL OR DENIAL OF APPLICATION.— 
Not later than 60 days after the date of issuance of 
a written notice under paragraph (1), the Secretary 
shall provide to the applicant a written notice in-
forming the applicant whether the Secretary has ap-
proved or disapproved the application. 
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‘‘(h) DEVELOPMENT-PHASE ACTIVITIES.—Any Fed-
eral credit instrument provided under the CIFIA program 
may be used to finance up to 100 percent of the cost of 
development-phase activities, as described in section 
999A(4)(A). 
‘‘SEC. 999C. SECURED LOANS. 
‘‘(a) AGREEMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the Secretary may enter into agreements with 1 or 
more obligors to make secured loans, the proceeds of 
which shall be used— 
‘‘(A) to finance eligible project costs of any 
project selected under section 999B; 
‘‘(B) to refinance interim construction fi-
nancing of eligible project costs of any project 
selected under section 999B; or 
‘‘(C) to refinance long-term project obliga-
tions or Federal credit instruments, if the refi-
nancing provides additional funding capacity for 
the completion, enhancement, or expansion of 
any project that— 
‘‘(i) is selected under section 999B; or 
‘‘(ii) otherwise meets the requirements 
of that section. 
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‘‘(2) RISK ASSESSMENT.—Before entering into 
an agreement under this subsection, the Secretary, 
in consultation with the Director of the Office of 
Management and Budget, shall determine an appro-
priate credit subsidy amount for each secured loan, 
taking into account all relevant factors, including the 
creditworthiness factors under section 999B(b)(2). 
‘‘(b) TERMS AND LIMITATIONS.— 
‘‘(1) IN GENERAL.—A secured loan under this 
section with respect to a project shall be on such 
terms and conditions and contain such covenants, 
representations, warranties, and requirements (in-
cluding requirements for audits) as the Secretary de-
termines to be appropriate. 
‘‘(2) MAXIMUM AMOUNT.—The amount of a se-
cured loan under this section shall not exceed an 
amount equal to 80 percent of the reasonably antici-
pated eligible project costs. 
‘‘(3) PAYMENT.—A secured loan under this sec-
tion shall be payable, in whole or in part, from— 
‘‘(A) user fees; 
‘‘(B) payments owing to the obligor under 
a public-private partnership; or 
‘‘(C) other revenue sources that also secure 
or fund the project obligations. 
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‘‘(4) INTEREST RATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the interest rate on a se-
cured loan under this section shall be not less 
than the yield on United States Treasury secu-
rities of a similar maturity to the maturity of 
the secured loan on the date of execution of the 
loan agreement. 
‘‘(B) LIMITED BUYDOWNS.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the Secretary may lower the interest 
rate of a secured loan under this section if 
the interest rate has increased between the 
period— 
‘‘(I) beginning on, as applica-
ble— 
‘‘(aa) the date on which an 
application acceptable to the Sec-
retary is submitted for the appli-
cable project; or 
‘‘(bb) the date on which the 
Secretary entered into a master 
credit agreement for the applica-
ble project; and 
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‘‘(II) ending on the date on 
which the Secretary executes the Fed-
eral credit instrument for the applica-
ble project. 
‘‘(ii) LIMITATION.—The interest rate 
of a secured loan may not be lowered pur-
suant to clause (i) by more than the lower 
of— 
‘‘(I) 11⁄2 percentage points (150 
basis points); and 
‘‘(II) an amount equal to the 
amount of the increase in the interest 
rate described in that clause. 
‘‘(5) MATURITY
DATE.—The final maturity 
date of the secured loan shall be the earlier of— 
‘‘(A) the date that is 35 years after the 
date of substantial completion of the project; 
and 
‘‘(B) if the useful life of the capital asset 
being financed is of a lesser period, the date 
that is the end of the useful life of the asset. 
‘‘(6) NONSUBORDINATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the secured loan shall not be 
subordinated to the claims of any holder of 
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project obligations in the event of bankruptcy, 
insolvency, or liquidation of the obligor. 
‘‘(B) PREEXISTING INDENTURE.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall waive the requirement under subpara-
graph (A) for a public agency borrower 
that is financing ongoing capital programs 
and has outstanding senior bonds under a 
preexisting indenture, if— 
‘‘(I) the secured loan is rated in 
the A category or higher; and 
‘‘(II) the secured loan is secured 
and payable from pledged revenues 
not affected by project performance, 
such as a tax-backed revenue pledge 
or a system-backed pledge of project 
revenues. 
‘‘(ii) LIMITATION.—If the Secretary 
waives the nonsubordination requirement 
under this subparagraph— 
‘‘(I) the maximum credit subsidy 
amount to be paid by the Federal 
Government shall be not more than 
10 percent of the principal amount of 
the secured loan; and 
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‘‘(II) the obligor shall be respon-
sible for paying the remainder of the 
subsidy amount, if any. 
‘‘(7) FEES.—The Secretary may collect a fee on 
or after the date of the financial close of a Federal 
credit instrument under this section in an amount 
equal to not more than $1,000,000 to cover all or 
a portion of the costs to the Federal Government of 
providing the Federal credit instrument. 
‘‘(8) MAXIMUM FEDERAL INVOLVEMENT.—The 
total Federal assistance provided for a project under 
the CIFIA program, including any grant provided 
under section 999D, shall not exceed an amount 
equal to 80 percent of the eligible project costs. 
‘‘(c) REPAYMENT.— 
‘‘(1) SCHEDULE.—The Secretary shall establish 
a repayment schedule for each secured loan under 
this section based on— 
‘‘(A) the projected cash flow from project 
revenues and other repayment sources; and 
‘‘(B) the useful life of the project. 
‘‘(2) COMMENCEMENT.—Scheduled loan repay-
ments of principal or interest on a secured loan 
under this section shall commence not later than 5 
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years after the date of substantial completion of the 
project. 
‘‘(3) DEFERRED PAYMENTS.— 
‘‘(A) IN GENERAL.—If, at any time after 
the date of substantial completion of a project, 
the project is unable to generate sufficient reve-
nues in excess of reasonable and necessary op-
erating expenses to pay the scheduled loan re-
payments of principal and interest on the se-
cured loan, the Secretary may, subject to sub-
paragraph (C), allow the obligor to add unpaid 
principal and interest to the outstanding bal-
ance of the secured loan. 
‘‘(B) INTEREST.—Any payment deferred 
under subparagraph (A) shall— 
‘‘(i) continue to accrue interest in ac-
cordance with subsection (b)(4) until fully 
repaid; and 
‘‘(ii) be scheduled to be amortized 
over the remaining term of the loan. 
‘‘(C) CRITERIA.— 
‘‘(i) IN GENERAL.—Any payment de-
ferral under subparagraph (A) shall be 
contingent on the project meeting criteria 
established by the Secretary. 
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‘‘(ii) REPAYMENT
STANDARDS.—The 
criteria established pursuant to clause (i) 
shall include standards for the reasonable 
prospect of repayment. 
‘‘(4) PREPAYMENT.— 
‘‘(A) USE
OF
EXCESS
REVENUES.—Any 
excess revenues that remain after satisfying 
scheduled debt service requirements on the 
project obligations and secured loan and all de-
posit requirements under the terms of any trust 
agreement, bond resolution, or similar agree-
ment securing project obligations may be ap-
plied annually to prepay the secured loan, with-
out penalty. 
‘‘(B) 
USE
OF
PROCEEDS
OF
REFI-
NANCING.—A secured loan may be prepaid at 
any time without penalty from the proceeds of 
refinancing from non-Federal funding sources. 
‘‘(d) SALE OF SECURED LOANS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
as soon as practicable after substantial completion of 
a project and after notifying the obligor, the Sec-
retary may sell to another entity or reoffer into the 
capital markets a secured loan for the project if the 
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Secretary determines that the sale or reoffering can 
be made on favorable terms. 
‘‘(2) CONSENT OF OBLIGOR.—In making a sale 
or reoffering under paragraph (1), the Secretary 
may not change any original term or condition of the 
secured loan without the written consent of the obli-
gor. 
‘‘(e) LOAN GUARANTEES.— 
‘‘(1) IN GENERAL.—The Secretary may provide 
a loan guarantee to a lender in lieu of making a se-
cured loan under this section if the Secretary deter-
mines that the budgetary cost of the loan guarantee 
is substantially the same as, or less than, that of a 
secured loan. 
‘‘(2) TERMS.—The terms of a loan guarantee 
under paragraph (1) shall be consistent with the 
terms required under this section for a secured loan, 
except that the rate on the guaranteed loan and any 
prepayment features shall be negotiated between the 
obligor and the lender, with the consent of the Sec-
retary. 
‘‘SEC. 999D. FUTURE GROWTH GRANTS. 
‘‘(a) ESTABLISHMENT.—The Secretary may provide 
grants to pay a portion of the cost differential, with re-
spect to any projected future increase in demand for car-
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bon dioxide transportation by an infrastructure project de-
scribed in subsection (b), between— 
‘‘(1) the cost of constructing the infrastructure 
asset with the capacity to transport an increased 
flow rate of carbon dioxide, as made practicable 
under the project; and 
‘‘(2) the cost of constructing the infrastructure 
asset with the capacity to transport carbon dioxide 
at the flow rate initially required, based on commit-
ments for the use of the asset. 
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, an entity shall— 
‘‘(1) be eligible to receive credit assistance 
under the CIFIA program; 
‘‘(2) carry out, or propose to carry out, a 
project for large-capacity, common carrier infra-
structure with a probable future increase in demand 
for carbon dioxide transportation; and 
‘‘(3) submit to the Secretary an application at 
such time, in such manner, and containing such in-
formation as the Secretary determines to be appro-
priate. 
‘‘(c) USE OF FUNDS.—A grant provided under this 
section may be used only to pay the costs of any additional 
flow rate capacity of a carbon dioxide transportation infra-
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structure asset that the project sponsor demonstrates to 
the satisfaction of the Secretary can reasonably be ex-
pected to be used during the 20-year period beginning on 
the date of substantial completion of the project described 
in subsection (b)(2). 
‘‘(d) MAXIMUM AMOUNT.—The amount of a grant 
provided under this section may not exceed an amount 
equal to 80 percent of the cost of the additional capacity 
described in subsection (a). 
‘‘SEC. 999E. PROGRAM ADMINISTRATION. 
‘‘(a) REQUIREMENT.—The Secretary shall establish 
a uniform system to service the Federal credit instruments 
provided under the CIFIA program. 
‘‘(b) FEES.—The Secretary may collect fees on or 
after the date of the financial close of a Federal credit 
instrument provided under the CIFIA program, contin-
gent on authority being provided in appropriations Acts, 
at a level that is sufficient to cover— 
‘‘(1) the costs of services of expert firms re-
tained pursuant to subsection (d); and 
‘‘(2) all or a portion of the costs to the Federal 
Government of servicing the Federal credit instru-
ments. 
‘‘(c) SERVICER.— 
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‘‘(1) IN GENERAL.—The Secretary may appoint 
a financial entity to assist the Secretary in servicing 
the Federal credit instruments. 
‘‘(2) DUTIES.—A servicer appointed under 
paragraph (1) shall act as the agent for the Sec-
retary. 
‘‘(3) FEE.—A servicer appointed under para-
graph (1) shall receive a servicing fee, subject to ap-
proval by the Secretary. 
‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec-
retary may retain the services of expert firms, including 
counsel, in the field of municipal and project finance to 
assist in the underwriting and servicing of Federal credit 
instruments. 
‘‘(e) EXPEDITED PROCESSING.—The Secretary shall 
implement procedures and measures to economize the time 
and cost involved in obtaining approval and the issuance 
of credit assistance under the CIFIA program. 
‘‘SEC. 999F. STATE AND LOCAL PERMITS. 
‘‘The provision of credit assistance under the CIFIA 
program with respect to a project shall not— 
‘‘(1) relieve any recipient of the assistance of 
any project obligation to obtain any required State 
or local permit or approval with respect to the 
project; 
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‘‘(2) limit the right of any unit of State or local 
government to approve or regulate any rate of re-
turn on private equity invested in the project; or 
‘‘(3) otherwise supersede any State or local law 
(including any regulation) applicable to the construc-
tion or operation of the project. 
‘‘SEC. 999G. REGULATIONS. 
‘‘The Secretary may promulgate such regulations as 
the Secretary determines to be appropriate to carry out 
the CIFIA program. 
‘‘SEC. 999H. FUNDING. 
‘‘(a) FUNDING.— 
‘‘(1) IN GENERAL.—There are authorized to be 
appropriated to the Secretary to carry out this sub-
title, to remain available until expended— 
‘‘(A) $600,000,000 for each of fiscal years 
2022 and 2023; and 
‘‘(B) $300,000,000 for each of fiscal years 
2024 through 2026. 
‘‘(2) SPENDING
AND
BORROWING
AUTHOR-
ITY.—Spending and borrowing authority for a fiscal 
year to enter into Federal credit instruments shall 
be promptly apportioned to the Secretary on a fiscal- 
year basis. 
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‘‘(3) REESTIMATES.—If the subsidy amount of 
a Federal credit instrument is reestimated, the cost 
increase or decrease of the reestimate shall be borne 
by, or benefit, the general fund of the Treasury, con-
sistent with section 504(f) of the Congressional 
Budget Act of 1974 (2 U.S.C. 661c(f)). 
‘‘(4) ADMINISTRATIVE COSTS.—Of the amounts 
made available to carry out the CIFIA program, the 
Secretary may use not more than $9,000,000 (as in-
dexed for United States dollar inflation from the 
date of enactment of the Storing CO2 and Lowering 
Emissions Act (as measured by the Consumer Price 
Index)) each fiscal year for the administration of the 
CIFIA program. 
‘‘(b) CONTRACT AUTHORITY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, execution of a term sheet by the 
Secretary of a Federal credit instrument that uses 
amounts made available under the CIFIA program 
shall impose on the United States a contractual obli-
gation to fund the Federal credit investment. 
‘‘(2) AVAILABILITY.—Amounts made available 
to carry out the CIFIA program for a fiscal year 
shall be available for obligation on October 1 of the 
fiscal year.’’. 
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(b) TECHNICAL AMENDMENTS.—The table of con-
tents for the Energy Policy Act of 2005 (Public Law 109– 
58; 119 Stat. 600) is amended— 
(1) in the item relating to section 917, by strik-
ing ‘‘Efficiency’’; 
(2) by striking the items relating to subtitle J 
of title IX (relating to ultra-deepwater and uncon-
ventional natural gas and other petroleum resources) 
and inserting the following: 
‘‘Subtitle J—Carbon Dioxide Transportation Infrastructure Finance and 
Innovation 
‘‘Sec. 999A. Definitions. 
‘‘Sec. 999B. Determination of eligibility and project selection. 
‘‘Sec. 999C. Secured loans. 
‘‘Sec. 999D. Future growth grants. 
‘‘Sec. 999E. Program administration. 
‘‘Sec. 999F. State and local permits. 
‘‘Sec. 999G. Regulations. 
‘‘Sec. 999H. Funding.’’; 
and 
(3) by striking the item relating to section 
969B and inserting the following: 
‘‘Sec. 969B. High efficiency turbines.’’. 
TITLE III—GEOLOGIC STORAGE 
OF CAPTURED CARBON 
SEC. 301. CARBON STORAGE VALIDATION AND TESTING. 
Section 963 of the Energy Policy Act of 2005 (42 
U.S.C. 16293) is amended— 
(1) in subsection (a)(1)(B), by striking ‘‘over a 
10-year period’’; 
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(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘and 
demonstration’’ and inserting ‘‘demonstration, 
and commercialization’’; and 
(B) in paragraph (2)— 
(i) in subparagraph (G), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (H), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(I) evaluating the quantity, lo-
cation, and timing of geologic carbon 
storage deployment that may be need-
ed, and developing strategies and re-
sources to enable the deployment.’’; 
(3) by redesignating subsections (e) through (g) 
as subsections (f) through (h), respectively; 
(4) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) LARGE-SCALE
CARBON
STORAGE
COMMER-
CIALIZATION PROGRAM.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a commercialization program under which the 
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Secretary shall provide funding for the development 
of new or expanded commercial large-scale carbon 
sequestration projects and associated carbon dioxide 
transport infrastructure, including funding for the 
feasibility, site characterization, permitting, and con-
struction stages of project development. 
‘‘(2) APPLICATIONS; SELECTION.— 
‘‘(A) IN GENERAL.—To be eligible to enter 
into an agreement with the Secretary for fund-
ing under paragraph (1), an entity shall submit 
to the Secretary an application at such time, in 
such manner, and containing such information 
as the Secretary determines to be appropriate. 
‘‘(B) APPLICATION
PROCESS.—The Sec-
retary shall establish an application process 
that, to the maximum extent practicable— 
‘‘(i) is open to projects at any stage of 
development described in paragraph (1); 
and 
‘‘(ii) facilitates expeditious develop-
ment of projects described in that para-
graph. 
‘‘(C) PROJECT
SELECTION.—In selecting 
projects for funding under paragraph (1), the 
Secretary shall give priority to— 
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‘‘(i) projects with substantial carbon 
dioxide storage capacity; or 
‘‘(ii) projects that will store carbon di-
oxide from multiple carbon capture facili-
ties.’’; 
(5) in subsection (f) (as so redesignated), in 
paragraph (1), by inserting ‘‘with respect to the re-
search, development, demonstration program compo-
nents described in subsections (b) through (d)’’ be-
fore ‘‘give preference’’; and 
(6) in subsection (h) (as so redesignated)— 
(A) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; 
(B) 
by 
redesignating 
paragraphs 
(1) 
through (5) as subparagraphs (A) through (E), 
respectively, and indenting appropriately; 
(C) by inserting before subparagraph (A) 
(as so redesignated) the following: 
‘‘(1) for activities under the research, develop-
ment, demonstration program components described 
in subsections (b) through (d)—’’; and 
(D) by adding at the end the following: 
‘‘(2) for activities under the commercialization 
program component described in subsection (e), to 
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remain available until expended, $500,000,000 for 
each of fiscal years 2022 through 2026.’’. 
SEC. 302. SECURE GEOLOGIC STORAGE PERMITTING. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CLASS VI WELL.—The term ‘‘Class VI well’’ 
means a well described in section 144.6(f) of title 
40, Code of Federal Regulations (or successor regu-
lations). 
(b) GEOLOGIC SEQUESTRATION PERMITTING.—For 
the permitting of Class VI wells by the Administrator for 
the injection of carbon dioxide for the purpose of geologic 
sequestration in accordance with the requirements of the 
Safe Drinking Water Act (42 U.S.C. 300f et seq.) and 
the final rule of the Administrator entitled ‘‘Federal Re-
quirements Under the Underground Injection Control 
(UIC) Program for Carbon Dioxide (CO2) Geologic Se-
questration (GS) Wells’’ (75 Fed. Reg. 77230 (December 
10, 2010)), there is authorized to be appropriated for each 
of fiscal years 2022 through 2026, $5,000,000. 
(c) STATE PERMITTING PROGRAM GRANTS.— 
(1) ESTABLISHMENT.—The Administrator shall 
award grants to States that, pursuant to section 
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1422 of the Safe Drinking Water Act (42 U.S.C. 
300h–1), receive the approval of the Administrator 
for a State underground injection control program 
for permitting Class VI wells for the injection of car-
bon dioxide. 
(2) USE OF FUNDS.—A State that receives a 
grant under paragraph (1) shall use the amounts re-
ceived under the grant to defray the expenses of the 
State related to the establishment and operation of 
a State underground injection control program de-
scribed in paragraph (1). 
(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection, for the period of fiscal years 2022 
through 2026, $50,000,000. 
Æ 
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