II
110th CONGRESS
2d Session
S. 2614
IN THE SENATE OF THE UNITED STATES
February 8 (legislative day, February 6), 2008
Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works
A BILL
To facilitate the development, demonstration, and implementation of technology for use in removing carbon dioxide and other greenhouse gases from the atmosphere.
Short title
This Act may be cited as
the Greenhouse Gas Emission
Atmospheric Removal Act
or the GEAR
Act
.
Statement of policy
It is the policy of the United States to provide incentives to encourage the development and implementation of technology to permanently remove greenhouse gases from the atmosphere on a significant scale.
Definitions
In this Act:
Commission
The term Commission means the Greenhouse Gas Emission Atmospheric Removal Commission established by section 5(a).
Greenhouse gas
The term greenhouse gas means—
carbon dioxide;
methane;
nitrous oxide;
sulfur hexafluoride;
a hydrofluorocarbon;
a perfluorocarbon; and
any other gas that the Commission determines is necessary to achieve the purposes of this Act.
Intellectual property
The term intellectual property means—
an invention that is patentable under title 35, United States Code; and
any patent on an invention described in subparagraph (A).
Secretary
The term Secretary means the Secretary of Energy.
Greenhouse Gas Emission Atmospheric Removal Program
The Secretary, acting through the Commission, shall provide to public and private entities, on a competitive basis, financial awards for the achievement of milestones in developing and applying technology that could significantly slow or reverse the accumulation of greenhouse gases in the atmosphere by permanently capturing or sequestrating those gases without significant countervailing harmful effects.
Greenhouse Gas Emission Atmospheric Removal Commission
Establishment
There
is established within the Department of Energy a commission to be known as the
Greenhouse Gas Emission Atmospheric Removal Commission
.
Membership
Composition
The Commission shall be composed of 11 members appointed by the President, by and with the advice and consent of the Senate, who shall provide expertise in—
climate science;
physics;
chemistry;
biology;
engineering;
economics;
business management; and
such other disciplines as the Commission determines to be necessary to achieve the purposes of this Act.
Term; vacancies
Term
A member of the Commission shall serve for a term of 6 years.
Vacancies
A vacancy on the Commission—
shall not affect the powers of the Commission; and
shall be filled in the same manner as the original appointment was made.
Initial meeting
Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.
Meetings
The Commission shall meet at the call of the Chairperson.
Quorum
A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
Chairperson and Vice Chairperson
The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.
Compensation
A member of the Commission shall be compensated at level III of the Executive Schedule.
Duties
The Commission shall—
subject to subsection (d), develop specific requirements for—
the competition process;
minimum performance standards;
monitoring and verification procedures; and
the scale of awards for each milestone identified under paragraph (3);
establish minimum levels for the capture or net sequestration of greenhouse gases that are required to be achieved by a public or private entity to qualify for a financial award described in paragraph (3);
in coordination with the Secretary, offer those financial awards to public and private entities that demonstrate—
a design document for a successful technology;
a bench scale demonstration of a technology;
technology described in subparagraph (A) that—
is operational at demonstration scale; and
achieves significant greenhouse gas reductions; and
operation of technology on a commercially viable scale that meets the minimum levels described in paragraph (2); and
submit to Congress—
an annual report that describes the progress made by the Commission and recipients of financial awards under this section in achieving the demonstration goals established under paragraph (3); and
not later than 1 year after the date of enactment of this Act, a report that describes the levels of funding that are necessary to achieve the purposes of this Act.
Public participation
In carrying out subsection (c)(1), the Commission shall—
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 subsection (c)(1); and
take into account public comments received in developing the final version of those requirements.
Peer review
No financial award may be provided under this Act until such time as the proposal for which the award is sought has been peer reviewed in accordance with such standards for peer review as the Commission shall establish.
Intellectual property considerations
In general
Title to any intellectual property arising from a financial award provided under this Act shall vest in 1 or more entities that are incorporated in the United States.
Reservation of license
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 subsection (a); but
shall not, in the exercise of a license reserved under paragraph (1), publicly disclose proprietary information relating to the license.
Transfer of title
Title to any intellectual property described in subsection (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.
Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act.
Termination of authority
The Commission and all authority of the Commission provided under this Act terminate on December 31, 2020.