Sec. 101. Research, investigation, training, and other activities
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Section 103 of the Clean Air Act ( 42 U.S.C. 7403 ) is amended— in subsection (c)(3), in the first sentence of the matter preceding subparagraph (A), by striking percursors and inserting precursors ; and in subsection (g)— by redesignating paragraphs
(1)through
(4)as subparagraphs
(A)through (D), respectively, and indenting appropriately; in the undesignated matter following subparagraph
(D)(as so redesignated)— in the second sentence, by striking The Administrator and inserting the following: The Administrator ; and in the first sentence, by striking Nothing and inserting the following: Nothing ; in the matter preceding subparagraph
(A)(as so redesignated)— in the third sentence, by striking Such program and inserting the following: The program under this subsection ; in the second sentence— by inserting States, institutions of higher education, after scientists, ; and by striking Such strategies and technologies shall be developed and inserting the following: Such strategies and technologies described in paragraph
(1)shall be developed ; and in the first sentence, by striking In carrying out and inserting the following: In carrying out ; and by adding at the end the following: In carrying out paragraph (3)(A) with respect to carbon dioxide, the Administrator shall carry out the activities described in each of subparagraphs
(B)and (C). In this subparagraph: The term Board means the Direct Air Capture Technology Advisory Board established by clause (iii)(I). The term dilute means a concentration of less than 1 percent by volume. 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. The term direct air capture does not include any facility, technology, or system that captures carbon dioxide— that is deliberately released from a naturally occurring subsurface spring; or using natural photosynthesis. The term intellectual property means— an invention that is patentable under title 35, United States Code; and any patent on an invention described in item (aa). Not later than 1 year after the date of enactment of the USE IT Act , the Administrator shall establish a program to provide, and shall provide, financial awards on a competitive basis for direct air capture from media in which the concentration of carbon dioxide is dilute. In carrying out this clause, the Administrator shall— subject to subclause (III), develop specific requirements for— the competition process; and monitoring and verification procedures for approved projects; offer financial awards for a project designed— to capture more than 10,000 tons of carbon dioxide per year; and to be deployed at a cost of less than $200 per ton of carbon dioxide captured; and to the maximum extent practicable, make financial awards to geographically diverse projects, including at least— 1 project in a coastal State; and 1 project in a rural State. In carrying out subclause (II)(aa), the Board shall— 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 take into account public comments received in developing the final version of those requirements. No financial awards may be provided under this clause until the proposal for which the award is sought has been peer reviewed in accordance with such standards for peer review as are established by the Administrator. There is established an advisory board to be known as the Direct Air Capture Technology Advisory Board . The Board shall be composed of 9 members appointed by the Administrator, who shall provide expertise in— climate science; physics; chemistry; biology; engineering; economics; business management; and such other disciplines as the Administrator determines to be necessary to achieve the purposes of this subparagraph. A member of the Board shall serve for a term of 6 years. A vacancy on the Board— shall not affect the powers of the Board; and shall be filled in the same manner as the original appointment was made. 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. The Board shall meet at the call of the Chairperson. A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings. The Board shall select a Chairperson and Vice Chairperson from among the members of the Board. 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, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Board. The Board shall advise the Administrator on carrying out the duties of the Administrator under this subparagraph. The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board. 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. The United States— 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 shall not, in the exercise of a license reserved under item (aa), publicly disclose proprietary information relating to the license. 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. There is authorized to be appropriated to carry out this subparagraph $25,000,000, to remain available until expended. The Board and all authority provided under this subparagraph shall terminate on December 31, 2028. In this subparagraph, the term carbon dioxide utilization refers to technologies or approaches that lead to the use of carbon dioxide— through the fixation of carbon dioxide through photosynthesis or chemosynthesis, such as through the growing of algae or bacteria; through the chemical conversion of carbon dioxide to a material or chemical compound in which the carbon dioxide is securely stored; or through the use of carbon dioxide for any other purpose for which a commercial market exists, as determined by the Administrator. The Administrator shall carry out a research and development program for carbon dioxide utilization to promote technologies that transform carbon dioxide generated by industrial processes into a product of commercial value, or as an input to products of commercial value. Not later than 2 years after the date of enactment of the USE IT Act , in carrying out this subsection, the Administrator shall support research and infrastructure activities relating to carbon dioxide utilization by providing technical assistance and financial assistance in accordance with clause (iv). To be eligible to receive technical assistance and financial assistance under clause (iii), a carbon dioxide utilization project shall— 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 dioxide for research; have access to adequate space for a laboratory and equipment for testing small-scale carbon dioxide utilization technologies, with onsite access to larger test bays for scale-up; and have existing partnerships with institutions of higher education, private companies, States, or other government entities. In supporting carbon dioxide utilization projects under this paragraph, the Administrator shall collaborate, as appropriate, with the head of any relevant Federal agency, States, the private sector, and institutions of higher education to develop methods and technologies to account for the carbon dioxide emissions avoided by the carbon dioxide utilization projects. There is authorized to be appropriated to carry out this subparagraph $50,000,000, to remain available until expended. Not less frequently than once every 2 years, the Administrator 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— the recipients of assistance under subparagraphs
(B)and (C); and a plan for supporting additional 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. The plan submitted under clause
(i)shall include— a methodology for evaluating and ranking technologies based on the ability of the technologies to cost effectively reduce carbon dioxide emissions or carbon dioxide levels in the air; and a description of any nonair-related environmental or energy considerations regarding the technologies. .
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Sec. 101
Research, investigation, training, and other activities
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