A BILL 
To amend the Energy Policy Act of 2005 to direct Federal 
research in fossil energy and to promote the development 
and demonstration of environmentally responsible coal 
and natural gas technologies, and for other purposes. 
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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 ‘‘Fos-
sil Energy Research and Development Act of 2019’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
Sec. 3. Fossil energy objectives. 
Sec. 4. Carbon capture technologies. 
Sec. 5. Natural gas carbon capture research, development, and demonstration pro-
gram. 
Sec. 6. Carbon storage validation and testing. 
Sec. 7. Carbon utilization. 
Sec. 8. Advanced energy systems. 
Sec. 9. Rare earth elements. 
Sec. 10. Methane hydrate research amendments. 
Sec. 11. Carbon removal. 
Sec. 12. Methane leak detection and mitigation. 
Sec. 13. Waste gas utilization. 
Sec. 14. National energy technology laboratory reforms. 
Sec. 15. Climate Solutions Challenges. 
Sec. 16. Table of contents amendments. 
SEC. 2. DEFINITIONS. 
For purposes of this Act: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 3. FOSSIL ENERGY OBJECTIVES. 
Section 961 of the Energy Policy Act of 2005 (42 
U.S.C. 16291) is amended— 
(1) in subsection (a)— 
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(A) by striking paragraph (2) and inserting 
the following: 
‘‘(2) Decreasing the cost of emissions control 
technologies for fossil energy production, generation, 
and delivery.’’; 
(B) by striking paragraph (7) and inserting 
the following: 
‘‘(7) Increasing the export of emissions control 
technologies from the United States for fossil energy- 
related equipment, technology, and services.’’; and 
(C) by adding at the end the following: 
‘‘(8) Improving the conversion, use, and storage 
of carbon oxides. 
‘‘(9) Lowering greenhouse gas emissions for all 
fossil fuel production, generation, delivery, and utili-
zation, to the maximum extent possible. 
‘‘(10) Preventing, predicting, monitoring, and 
mitigating the unintended leaking of methane, carbon 
dioxide, or other fossil fuel-related emissions into the 
atmosphere. 
‘‘(11) Improving the separation and purification 
of helium from fossil fuel resources. 
‘‘(12) Reducing water use, improving water 
reuse, and minimizing the surface and subsurface en-
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vironmental impact in the development of unconven-
tional domestic oil and natural gas resources. 
‘‘(13) Developing carbon removal and utilization 
technologies, products, and methods that result in net 
reductions in greenhouse gas emissions, including di-
rect air capture and storage and carbon use and reuse 
for commercial application.’’; 
(2) in subsection (b), by striking paragraphs (1) 
through (3) and inserting the following: 
‘‘(1) $825,000,000 for fiscal year 2020; 
‘‘(2) $866,250,000 for fiscal year 2021; 
‘‘(3) $909,563,000 for fiscal year 2022; 
‘‘(4) $955,041,000 for fiscal year 2023; and 
‘‘(5) $1,002,793,000 for fiscal year 2024.’’; and 
(3) by striking subsections (c) through (e) and 
inserting the following: 
‘‘(c) PRIORITIZATION.—In carrying out this section, 
the Secretary shall prioritize technologies and strategies 
that have the potential to meet emissions reduction goals 
in the agreement of the twenty-first session of the Conference 
of the Parties to the United Nations Framework Convention 
on Climate Change. 
‘‘(d) LIMITATION.—None of the funds authorized under 
this section may be used for Fossil Energy Environmental 
Restoration or Import/Export Authorization.’’. 
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SEC. 4. CARBON CAPTURE TECHNOLOGIES. 
(a) CARBON CAPTURE PROGRAM.—Section 962 of the 
Energy Policy Act of 2005 (42 U.S.C. 16292) is amended 
to read as follows: 
‘‘SEC. 962. CARBON CAPTURE TECHNOLOGIES. 
‘‘(a) IN GENERAL.—The Secretary shall conduct a pro-
gram of research, development, demonstration, and commer-
cial application of carbon capture technologies, which shall 
include facilitation of the development and use of— 
‘‘(1) carbon capture technologies for coal and 
natural gas; 
‘‘(2) innovations to significantly decrease emis-
sions at existing power plants; and 
‘‘(3) advanced separation technologies. 
‘‘(b) INVESTMENT.—As a part of the program under 
subsection (a), the Secretary shall maintain robust invest-
ments in carbon capture technologies for coal and natural 
gas applications. 
‘‘(c) LARGE-SCALE PILOTS.—In carrying out this sec-
tion, the Secretary is encouraged to support pilot projects 
that test carbon capture technologies on coal and natural 
gas power and industrial systems below the 100 megawatt 
scale, consistent with section 988(b). 
‘‘(d) COST AND PERFORMANCE GOALS.—In carrying 
out the program under subsection (a), the Secretary shall 
establish cost and performance goals to assist in the transi-
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tion of carbon capture research to commercially viable tech-
nologies. 
‘‘(e) CARBON CAPTURE PILOT TEST CENTERS.— 
‘‘(1) IN GENERAL.—As a part of the program 
under subsection (a), not later than 1 year after the 
date of the enactment of the Fossil Energy Research 
and Development Act of 2019, the Secretary shall 
award grants to eligible entities for the operation of 
not less than three Carbon Capture Test Centers (in 
this subsection, known as the ‘Centers’) to provide 
unique testing capabilities for innovative carbon cap-
ture technologies for power and industrial systems. 
‘‘(2) PURPOSE.—Each Center shall— 
‘‘(A) advance research, development, dem-
onstration, and commercial application of car-
bon capture technologies for power and indus-
trial systems; and 
‘‘(B) test technologies that represent the 
scale of technology development beyond labora-
tory testing, but not yet advanced to testing 
under operational conditions at commercial 
scale. 
‘‘(3) APPLICATION.—An entity seeking to operate 
a Center under this subsection shall submit to the 
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Secretary an application at such time and in such 
manner as the Secretary may require. 
‘‘(4) PRIORITY CRITERIA.—In selecting applica-
tions to operate a Center under this subsection, the 
Secretary shall prioritize applicants that— 
‘‘(A) have access to existing or planned re-
search facilities with modular technology capa-
bilities; 
‘‘(B) are institutions of higher education 
with established expertise in engineering and de-
sign for carbon capture technologies, or partner-
ships with such institutions; 
‘‘(C) have access to existing research and 
test facilities for pre-combustion, post-combus-
tion, or oxy-combustion technologies; or 
‘‘(D) have test capabilities to address scal-
ing challenges of integrating carbon capture tech-
nologies with utility scale power plants. 
‘‘(5) CONSIDERATIONS.—In awarding grants for 
the operation of the Centers under this subsection, the 
Secretary shall ensure that— 
‘‘(A) the portfolio of Centers includes a di-
verse representation of regional and resource 
characteristics; and 
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‘‘(B) each new Center demonstrates unique 
research capabilities, unique regional benefits, or 
new technology development opportunities. 
‘‘(6) SCHEDULE.—Each grant to operate a Cen-
ter under this subsection shall be awarded for a term 
of not more than 5 years, subject to the availability 
of appropriations. The Secretary may renew such 5- 
year term without limit, subject to a rigorous merit 
review. 
‘‘(7) TERMINATION.—To the extent otherwise au-
thorized by law, the Secretary may eliminate a Cen-
ter during any 5-year term described in paragraph 
(6) if such Center is underperforming. 
‘‘(f) DEMONSTRATIONS.— 
‘‘(1) IN GENERAL.—As a part of the program 
under subsection (a), the Secretary may provide 
grants for large-scale demonstration projects for 
power and industrial systems that test the scale of 
technology necessary to gain the operational data 
needed to understand the technical and performance 
risks of the technology before the application of the 
technology at commercial scale, in accordance with 
this subsection. 
‘‘(2) ENGINEERING AND DESIGN STUDIES.—The 
Secretary is authorized to fund front-end engineering 
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and design studies in addition to, or in advance of, 
issuing an award for a demonstration project under 
this subsection. 
‘‘(3) APPLICATION.—An entity seeking an award 
to conduct a demonstration project under this sub-
section shall submit to the Secretary an application 
at such time and in such manner as the Secretary 
may require. 
‘‘(4) LIMITATIONS.—The Secretary shall only 
provide an award under this subsection after review-
ing each applicant and application regarding— 
‘‘(A) financial strength; 
‘‘(B) construction schedule; 
‘‘(C) market risk; and 
‘‘(D) contractor history. 
‘‘(5) REQUIREMENTS.—A demonstration project 
funded under this subsection shall— 
‘‘(A) utilize technologies that have completed 
pilot-scale testing or the equivalent, as deter-
mined by the Secretary; 
‘‘(B) secure and maintain agreements for 
the utilization or sequestration of captured car-
bon dioxide; and 
‘‘(C) upon completion, demonstrate carbon 
capture technologies on a power or industrial 
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system capable of capturing not less than 
100,000 tons of carbon dioxide annually. 
‘‘(g) DEFINITION OF POWER SYSTEM.—In this section, 
the term ‘power system’ means any electricity generating 
unit that utilizes fossil fuels to generate electricity provided 
to the electric grid or directly to a consumer. 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts made available under section 961, there are au-
thorized to be appropriated to the Secretary for activities 
under this section— 
‘‘(1) $300,000,000 for fiscal year 2020; 
‘‘(2) $315,000,000 for fiscal year 2021; 
‘‘(3) $330,750,000 for fiscal year 2022; 
‘‘(4) $347,288,000 for fiscal year 2023; and 
‘‘(5) $364,652,000 for fiscal year 2024.’’. 
(b) GAO STUDY.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Comptroller 
General of the United States shall submit to the Com-
mittee on Science, Space, and Technology of the 
House of Representatives and the Committee on En-
ergy and Natural Resources of the Senate a report on 
the results of a study of the Department’s successes, 
failures, practices, and improvements in carrying out 
demonstration projects for carbon capture technologies 
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for power and industrial systems. In conducting the 
study, the Comptroller General shall consider— 
(A) applicant and contractor qualifications; 
(B) project management practices at the 
Department; 
(C) economic or market changes and other 
factors impacting project viability; 
(D) completion of third-party agreements, 
including power purchase agreements and carbon 
dioxide offtake agreements; 
(E) regulatory challenges; and 
(F) construction challenges. 
(2) CONSIDERATION.—The Secretary shall con-
sider any relevant recommendations, as determined 
by the Secretary, provided in the report required 
under paragraph (1), and shall adopt such rec-
ommendations as the Secretary considers appropriate. 
(3) POWER SYSTEM DEFINED.—In this section, 
the term ‘‘power system’’ means any electricity gener-
ating unit that utilizes fossil fuels to generate elec-
tricity provided to the electric grid or directly to a 
consumer. 
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