CREATE Act of 2020

II 116TH CONGRESS 2D SESSION S. 4341 To establish the Committee on Large-Scale Carbon Management in the Na- tional Science and Technology Council and a Federal Carbon Removal Initiative, and for other purposes. IN THE SENATE OF THE UNITED STATES JULY 28, 2020 Ms. SINEMA (for herself, Ms. MURKOWSKI, Mr. WHITEHOUSE, and Mrs. CAP- ITO) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish the Committee on Large-Scale Carbon Manage- ment in the National Science and Technology Council and a Federal Carbon Removal Initiative, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Carbon Removal, Effi- 4 cient Agencies, Technology Expertise Act of 2020’’ or the 5 ‘‘CREATE Act of 2020’’. 6 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS 2 •S 4341 IS SEC. 2. COMMITTEE ON LARGE-SCALE CARBON MANAGE- 1 MENT AND FEDERAL CARBON REMOVAL INI- 2 TIATIVE. 3 (a) DEFINITION OF CARBON DIOXIDE REMOVAL.— 4 In this section, the term ‘‘carbon dioxide removal’’ means 5 the capture of carbon dioxide directly from ambient air 6 or, in dissolved form, from seawater, combined with the 7 sequestration of such carbon dioxide, including through— 8 (1) direct air capture and sequestration; 9 (2) enhanced carbon mineralization; 10 (3) bioenergy with carbon capture and seques- 11 tration; 12 (4) forest restoration; 13 (5) soil carbon management; and 14 (6) direct ocean capture. 15 (b) COMMITTEE ON LARGE-SCALE CARBON MANAGE- 16 MENT.— 17 (1) ESTABLISHMENT.— 18 (A) IN GENERAL.—There is established in 19 the National Science and Technology Council a 20 committee on matters relating to large-scale 21 management of carbon. 22 (B) DESIGNATION.—The committee estab- 23 lished by subparagraph (A) shall be known as 24 the ‘‘Committee on Large-Scale Carbon Man- 25 agement’’ (in this section the ‘‘Committee’’). 26 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS 3 •S 4341 IS (C) MEMBERSHIP.— 1 (i) COMPOSITION.—The Committee 2 shall be composed of the members of the 3 executive committee established under sub- 4 section (c)(1) and such other members as 5 the executive committee considers appro- 6 priate. 7 (ii) COCHAIRPERSONS.—The members 8 of the executive committee established by 9 subsection (c)(1) shall be cochairpersons of 10 the Committee. 11 (2) DUTIES OF THE COMMITTEE.—The duties 12 of the Committee shall be as follows: 13 (A) Developing a strategic plan for Federal 14 research, development, and demonstration of 15 technological carbon dioxide removal (CDR) 16 and storage. 17 (B) Overseeing working groups established 18 under subsection (d). 19 (C) Coordinating budget planning with the 20 Federal agencies and budget review with the 21 Office of Management and Budget for matters 22 relating to research, development, and dem- 23 onstration described in subparagraph (A). 24 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS 4 •S 4341 IS (D) Identifying cost-effective carbon diox- 1 ide removal technologies that are suitable for 2 large-scale demonstration. 3 (E) Identifying accurate monitoring, car- 4 bon dioxide data collection, and long-term stor- 5 age protocols for carbon dioxide removal tech- 6 nologies. 7 (F) Overseeing independent evaluations of 8 performance of the working groups established 9 under subsection (d). 10 (c) EXECUTIVE COMMITTEE.— 11 (1) ESTABLISHMENT.—There is established in 12 the Committee an executive committee. 13 (2) MEMBERSHIP.—The executive committee 14 shall be composed of the following: 15 (A) The Associate Director for Science of 16 the Office of Science and Technology Policy. 17 (B) One senior official of the Department 18 of Energy selected by the Secretary of Energy. 19 (C) One senior official of the Department 20 of Agriculture selected by the Secretary of Agri- 21 culture. 22 (D) One senior official of the Department 23 of Defense selected by the Secretary of Defense. 24 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS 5 •S 4341 IS (E) One senior official of the National 1 Oceanic and Atmospheric Administration se- 2 lected by the Administrator of the National 3 Oceanic and Atmospheric Administration. 4 (d) WORKING GROUPS AND CARBON REMOVAL INI- 5 TIATIVE.— 6 (1) ESTABLISHMENT.— 7 (A) IN GENERAL.—The Committee shall 8 establish working groups which shall carry out 9 an initiative on technological and detailed re- 10 search, development, and demonstration of car- 11 bon dioxide removal technology. 12 (B) DESIGNATION OF INITIATIVE.—The 13 initiative carried out under subparagraph (A) 14 shall be known as the ‘‘Carbon Removal Initia- 15 tive’’. 16 (2) WORKING GROUP FOCI.—The working 17 groups established under paragraph (1) are as fol- 18 lows: 19 (A) OCEANS.— 20 (i) IN GENERAL.—One working group 21 to focus on matters relating to carbon di- 22 oxide removal from the oceans and coastal 23 regions. 24 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS 6 •S 4341 IS (ii) MEMBERSHIP.—The working 1 group described in clause (i) shall be com- 2 posed of 8 members as follows: 3 (I) One individual selected by the 4 Administrator of the National Oceanic 5 and Atmospheric Administration from 6 among employees of the National Oce- 7 anic and Atmospheric Administration. 8 (II) One individual selected by 9 the Administrator of the National 10 Aeronautics and Space Administration 11 from among employees of the Na- 12 tional Aeronautics and Space Admin- 13 istration. 14 (III) One individual selected by 15 the Secretary of Defense from among 16 employees of the Department of De- 17 fense. 18 (IV) One individual selected by 19 the Director of the National Science 20 Foundation from among employees of 21 the National Science Foundation. 22 (V) Two individuals selected by 23 the Secretary of the Interior from 24 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS 7 •S 4341 IS among employees of the Department 1 of the Interior. 2 (VI) One individual selected by 3 the Administrator of the Environ- 4 mental Protection Agency from among 5 employees of the Environmental Pro- 6 tection Agency. 7 (iii) COCHAIRPERSONS.—The individ- 8 uals selected under subclauses (I) and (IV) 9 of clause (ii) shall serve as cochairpersons 10 of the working group established under 11 clause (i). 12 (B) TERRESTRIAL.— 13 (i) IN GENERAL.—One working group 14 to focus on terrestrial and biological mat- 15 ters relating to carbon dioxide removal. 16 (ii) MEMBERSHIP.—The working 17 group described in clause (i) shall be com- 18 posed of 6 members as follows: 19 (I) Two individuals, one of whom 20 shall be selected by the Secretary of 21 Agriculture from among employees of 22 the Department of Agriculture and 23 one of whom shall be selected by chief 24 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS 8 •S 4341 IS of the Forest Service from among em- 1 ployees of the Forest Service. 2 (II) One individual selected by 3 the Secretary of Energy from among 4 employees of the Department of En- 5 ergy. 6 (III) One individual selected by 7 the Secretary of the Interior from 8 among employees of the Department 9 of the Interior. 10 (IV) One individual selected by 11 the Director of the National Science 12 Foundation from among employees of 13 the National Science Foundation. 14 (V) One individual selected by 15 the Administrator of the Environ- 16 mental Protection Agency from among 17 employees of the Environmental Pro- 18 tection Agency. 19 (iii) COCHAIRPERSONS.—The individ- 20 uals selected under subclauses (I) and (II) 21 of clause (ii) shall serve as cochairpersons 22 of the working group established under 23 clause (i). 24 (C) GEOLOGICAL.— 25 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS 9 •S 4341 IS (i) IN GENERAL.—One working group 1 to focus on geological matters relating to 2 carbon dioxide removal and storage. 3 (ii) MEMBERSHIP.—The working 4 group described in clause (i) shall be com- 5 posed of 4 members as follows: 6 (I) One individual selected by the 7 Secretary of Energy from among em- 8 ployees of the Department of Energy. 9 (II) One individual selected by 10 the Secretary of the Interior from 11 among employees of the United States 12 Geological Survey. 13 (III) One individual selected by 14 the Director of the National Science 15 Foundation from among employees of 16 the National Science Foundation. 17 (IV) One individual selected by 18 the Administrator of the Environ- 19 mental Protection Agency from among 20 employees of the Environmental Pro- 21 tection Agency. 22 (iii) COCHAIRPERSONS.—The individ- 23 uals selected under subclauses (I) and (II) 24 of clause (ii) shall serve as cochairpersons 25 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS 10 •S 4341 IS of the working group established under 1 clause (i). 2 (D) TECHNOLOGICAL.— 3 (i) IN GENERAL.—One working group 4 to focus on technological matters relating 5 to carbon dioxide removal. 6 (ii) MEMBERSHIP.—The working 7 group described in clause (i) shall be com- 8 posed of 7 members as follows: 9 (I) One individual selected by the 10 Secretary of Energy from among em- 11 ployees of the Department of Energy. 12 (II) One individual selected by 13 the Secretary of Defense from among 14 employees of the Department of De- 15 fense. 16 (III) One individual selected by 17 the Administrator of the National 18 Aeronautics and Space Administration 19 from among employees of the Na- 20 tional Aeronautics and Space Admin- 21 istration. 22 (IV) One individual selected by 23 the Director of the National Science 24 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS 11 •S 4341 IS Foundation from among employees of 1 the National Science Foundation. 2 (V) One individual selected by 3 the Secretary of Commerce from 4 among employees of the National In- 5 stitute of Standards and Technology. 6 (VI) One individual selected by 7 the Administrator of the Environ- 8 mental Protection Agency from among 9 employees of the Environmental Pro- 10 tection Agency. 11 (VII) One individual selected by 12 the Secretary of Transportation from 13 among employees of the Department 14 of Transportation. 15 (iii) COCHAIRPERSONS.—The individ- 16 uals selected under subclauses (I) and (III) 17 of clause (ii) shall serve as cochairpersons 18 of the working group established under 19 clause (i). 20 (e) ANNUAL BUDGET CROSSCUT REVIEW.— 21 (1) IN GENERAL.—Not less frequently than 22 once each year, the Director of the Office of Man- 23 agement and Budget shall assist in the coordination 24 VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS 12 •S 4341 IS of the initiative carried out under subsection 1 (d)(1)(A) by conducting a budget crosscut review— 2 (A) to ensure that budget proposals from 3 members of the working groups established 4 under such subsection are integrated with the 5 overall budget for each Federal department and 6 agency participating in such working groups; 7 and 8 (B) to ensure that the various staff of the 9 Office of Management and Budget review and 10 act on Federal department and agency budget 11 proposals for research, development, and dem- 12 onstration of carbon dioxide removal technology 13 in a holistic fashion. 14 (2) SUBMITTAL TO CONGRESS.—Along with 15 each submission of the President pursuant to section 16 1105 of title 31, United States Code, the Director 17 shall submit to Congress a report on the findings of 18 the Director with respect to the most recently com- 19 pleted budget crosscut review under paragraph (1). 20 Æ VerDate Sep 11 2014 04:03 Aug 10, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6301 E:\BILLS\S4341.IS S4341 kjohnson on DSK79L0C42PROD with BILLS