To expand the authority for awarding technology prizes by the Secretary of Energy to include a financial award for separation of carbon dioxide from dilute sources.

SA 3017. Mr. BARRASSO (for himself and Mr. Schatz) submitted an
amendment intended to be proposed to amendment SA 2953 proposed by Ms.
Murkowski to the bill S. 2012, to provide for the modernization of the
energy policy of the United States, and for other purposes; as follows:

At the end of subtitle G of title IV, add the following:

SEC. 46__. CARBON DIOXIDE CAPTURE TECHNOLOGY PRIZE.

Section 1008 of the Energy Policy Act of 2005 (42 U.S.C.
16396) (as amended by section 4601) is amended by adding at
the end the following:
``(h) Carbon Dioxide Capture Technology Prize.--
``(1) Definitions.--In this subsection:
``(A) Board.--The term `Board' means the Carbon Dioxide
Capture Technology Advisory Board established by paragraph
(6).
``(B) Dilute.--The term `dilute' means a concentration of
less than 1 percent by volume.
``(C) Intellectual property.--The term `intellectual
property' means--
``(i) an invention that is patentable under title 35,
United States Code; and
``(ii) any patent on an invention described in clause (i).
``(D) Secretary.--The term `Secretary' means the Secretary
of Energy or designee, in consultation with the Board.
``(2) Authority.--Not later than 1 year after the date of
enactment of this subsection, as part of the program carried
out under this section, the Secretary shall establish and
award competitive technology financial awards for carbon
dioxide capture from media in which the concentration of
carbon dioxide is dilute.
``(3) Duties.--In carrying out this subsection, the
Secretary shall--
``(A) subject to paragraph (4), develop specific
requirements for--
``(i) the competition process;
``(ii) minimum performance standards for qualifying
projects; and
``(iii) monitoring and verification procedures for approved
projects;
``(B) establish minimum levels for the capture of carbon
dioxide from a dilute medium that are required to be achieved
to qualify for a financial award described in subparagraph
(C);
``(C) offer financial awards for--
``(i) a design for a promising capture technology;
``(ii) a successful bench-scale demonstration of a capture
technology;
``(iii) a design for a technology described in clause (i)
that will--

``(I) be operated on a demonstration scale; and
``(II) achieve significant reduction in the level of carbon
dioxide; and

``(iv) an operational capture technology on a commercial
scale that meets the minimum levels described in subparagraph
(B); and
``(D) submit to Congress--
``(i) an annual report that describes the progress made by
the Board and recipients of financial awards under this
subsection in achieving the demonstration goals established
under subparagraph (C); and
``(ii) not later than 1 year after the date of enactment of
this subsection, a report that describes the levels of
funding that are necessary to achieve the purposes of this
subsection.
``(4) Public participation.--In carrying out paragraph
(3)(A), the Board shall--
``(A) provide notice of and, for a period of at least 60
days, an opportunity for public comment on, any draft or
proposed version of the requirements described in paragraph
(3)(A); and
``(B) take into account public comments received in
developing the final version of those requirements.
``(5) Peer review.--No financial awards may be provided
under this subsection 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
Secretary.
``(6) Carbon dioxide capture technology advisory board.--
``(A) Establishment.--There is established an advisory
board to be known as the `Carbon Dioxide Capture Technology
Advisory Board'.
``(B) Composition.--The Board shall be composed of 9
members appointed by the President, who shall provide
expertise in--
``(i) climate science;
``(ii) physics;
``(iii) chemistry;
``(iv) biology;
``(v) engineering;
``(vi) economics;
``(vii) business management; and
``(viii) such other disciplines as the Secretary determines
to be necessary to achieve the purposes of this subsection.
``(C) Term; vacancies.--
``(i) Term.--A member of the Board shall serve for a term
of 6 years.
``(ii) Vacancies.--A vacancy on the Board--

``(I) shall not affect the powers of the Board; and
``(II) shall be filled in the same manner as the original
appointment was made.

``(D) 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.
``(E) Meetings.--The Board shall meet at the call of the
Chairperson.
``(F) Quorum.--A majority of the members of the Board shall
constitute a quorum, but

[[Page S279]]

a lesser number of members may hold hearings.
``(G) Chairperson and vice chairperson.--The Board shall
select a Chairperson and Vice Chairperson from among the
members of the Board.
``(H) 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 for each day during which the
member is engaged in the actual performance of the duties of
the Board.
``(I) Duties.--The Board shall advise the Secretary on
carrying out the duties of the Secretary under this
subsection.
``(7) Intellectual property.--
``(A) In general.--As a condition of receiving a financial
award under this subsection, 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.
``(B) Reservation of license.--The United States--
``(i) 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 subparagraph (A); but
``(ii) shall not, in the exercise of a license reserved
under clause (i), publicly disclose proprietary information
relating to the license.
``(C) Transfer of title.--Title to any intellectual
property described in subparagraph (A) 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.
``(8) Authorization of appropriations.--There are
authorized to be appropriated to carry out this subsection
such sums as are necessary.
``(9) Termination of authority.--The Board and all
authority provided under this subsection shall terminate on
December 31, 2026.''.
______