(6) Certain carbon dioxide activities (A) In general In carrying out paragraph (3)(A) with respect to carbon dioxide, the Administrator— (i) is authorized to carry out the activities described in subparagraph (B); and (ii) shall carry out the activities described in subparagraph (C). (B) Direct air capture research (i) Definitions In this subparagraph: (I) Board The term “Board” means the Direct Air Capture Technology Advisory Board established by clause (iii)(I). (II) Dilute The term “dilute” means a concentration of less than 1 percent by volume. (III) Direct air capture (aa) In general The term “direct air capture”, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air. (bb) Exclusion The term “direct air capture” does not include any facility, technology, or system that captures carbon dioxide— (AA) that is deliberately released from a naturally occurring subsurface spring; or (BB) using natural photosynthesis. (IV) Intellectual property The term “intellectual property” means— (aa) an invention that is patentable under title 35; and (bb) any patent on an invention described in item (aa). (ii) Technology prizes (I) In general Not later than 1 year after December 27, 2020 , the Administrator, in consultation with the Secretary of Energy, is authorized to establish a program to provide financial awards on a competitive basis for direct air capture from media in which the concentration of carbon dioxide is dilute. (II) Duties In carrying out this clause, the Administrator shall— (aa) subject to subclause (III), develop specific requirements for— (AA) the competition process; and (BB) the demonstration of performance of approved projects; (bb) offer financial awards for a project designed— (AA) to the maximum extent practicable, to capture more than 10,000 tons of carbon dioxide per year; (BB) to operate in a manner that would be commercially viable in the foreseeable future (as determined by the Board); and (CC) to improve the technologies or information systems that enable monitoring and verification methods for direct air capture projects; and (cc) to the maximum extent 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 proposed version of the requirements described in subclause (II)(aa); and (bb) take into account public comments received in developing the final version of those requirements. (iii) Direct Air Capture Technology Advisory Board (I) Establishment The Administrator may establish an advisory board to be known as the “Direct Air Capture Technology Advisory Board”. (II) Composition The Board, on the establishment of the Board, shall be composed of 9 members appointed 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 (aa) Term A member of the Board shall serve for a term of 6 years. (bb) Vacancies A vacancy 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 Chairperson or on the request of the Administrator. (VI) Quorum A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. (VII) Chairperson and Vice Chairperson The Board shall select a Chairperson and Vice Chairperson from among the members of the Board. (VIII) Compensation Each member of the Board may be compensated 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 section 5316 of title 5 for each day during which the member is engaged in the actual performance of the duties of the Board. (IX) Duties The Board shall— (aa) advise the Administrator on carrying out the duties of the Administrator under this subparagraph; and (bb) provide other assistance and advice as requested by the Administrator. (iv) Intellectual property (I) In general As a condition of receiving a financial award under this subparagraph, an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States. (II) Reservation of license The United States— (aa) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States, in connection with any intellectual property described in subclause (I); but (bb) shall not, in the exercise of a license reserved under item (aa), publicly disclose proprietary information relating to the license. (III) Transfer of title Title to any intellectual property described in subclause (I) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property. (v) Authorization of appropriations There is authorized to be appropriated to carry out this subparagraph $35,000,000, to remain available until expended. (vi) Termination of authority Notwithstanding section 14 of the Federal Advisory Committee Act ( 5 U.S.C. App. ), the Board and all authority provided under this subparagraph shall terminate not later than 12 years after December 27, 2020 . (C) Deep saline formation report (i) Definition of deep saline formation (I) In general In this subparagraph, the term “deep saline formation” means a formation of subsurface geographically extensive sedimentary 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 supercritical fluid. (II) Clarification In this subparagraph, the term “deep saline formation” does not include oil and gas reservoirs. (ii) Report In consultation with the Secretary of Energy, and, as appropriate, with the head of any other relevant Federal agency and relevant stakeholders, not later than 1 year after December 27, 2020 , the Administrator shall prepare, submit to Congress, and make publicly available a report that includes— (I) a comprehensive identification of potential risks and benefits to project developers associated with increased storage of carbon dioxide captured from stationary sources in deep saline formations, using existing research; (II) recommendations for managing the potential risks identified under subclause (I), including potential risks unique to public land; and (III) recommendations for Federal legislation or other policy changes to mitigate any potential risks identified under subclause (I). (D) GAO report Not later than 5 years after December 27, 2020 , the Comptroller General of the United States shall submit to Congress a report that— (i) identifies all Federal grant programs in which a purpose of a grant under the program is to perform research on carbon capture and utilization technologies, including direct air capture technologies; and (ii) examines the extent to which the Federal grant programs identified pursuant to clause (i) overlap or are duplicative.


42 USC § 7403(g)(6)

Scoping language

In this subparagraph
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