S 2614 ISCommentsClose CommentsPermalink

To facilitate the development, demonstration, and implementation of technology for use in removing carbon dioxide and other greenhouse gases from the atmosphere.CommentsClose CommentsPermalink

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 WorksCommentsClose CommentsPermalink

To facilitate the development, demonstration, and implementation of technology for use in removing carbon dioxide and other greenhouse gases from the atmosphere.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Greenhouse Gas Emission Atmospheric Removal Act' or the `GEAR Act'.CommentsClose CommentsPermalink

SEC. 2. 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.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) COMMISSION- The term `Commission' means the Greenhouse Gas Emission Atmospheric Removal Commission established by section 5(a).CommentsClose CommentsPermalink





(2) GREENHOUSE GAS- The term `greenhouse gas' means--CommentsClose CommentsPermalink





(A) carbon dioxide;CommentsClose CommentsPermalink





(B) methane;CommentsClose CommentsPermalink





(C) nitrous oxide;CommentsClose CommentsPermalink





(D) sulfur hexafluoride;CommentsClose CommentsPermalink





(E) a hydrofluorocarbon;CommentsClose CommentsPermalink





(F) a perfluorocarbon; andCommentsClose CommentsPermalink





(G) any other gas that the Commission determines is necessary to achieve the purposes of this Act.CommentsClose CommentsPermalink





(3) INTELLECTUAL PROPERTY- The term `intellectual property' means--CommentsClose CommentsPermalink





(A) an invention that is patentable under title 35, United States Code; andCommentsClose CommentsPermalink





(B) any patent on an invention described in subparagraph (A).CommentsClose CommentsPermalink





(4) SECRETARY- The term `Secretary' means the Secretary of Energy.CommentsClose CommentsPermalink

SEC. 4. 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.CommentsClose CommentsPermalink

SEC. 5. GREENHOUSE GAS EMISSION ATMOSPHERIC REMOVAL COMMISSION.

(a) Establishment- There is established within the Department of Energy a commission to be known as the `Greenhouse Gas Emission Atmospheric Removal Commission'.CommentsClose CommentsPermalink





(b) Membership-CommentsClose CommentsPermalink





(1) 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--CommentsClose CommentsPermalink





(A) climate science;CommentsClose CommentsPermalink





(B) physics;CommentsClose CommentsPermalink





(C) chemistry;CommentsClose CommentsPermalink





(D) biology;CommentsClose CommentsPermalink





(E) engineering;CommentsClose CommentsPermalink





(F) economics;CommentsClose CommentsPermalink





(G) business management; andCommentsClose CommentsPermalink





(H) such other disciplines as the Commission determines to be necessary to achieve the purposes of this Act.CommentsClose CommentsPermalink





(2) TERM; VACANCIES-CommentsClose CommentsPermalink





(A) TERM- A member of the Commission shall serve for a term of 6 years.CommentsClose CommentsPermalink





(B) VACANCIES- A vacancy on the Commission--CommentsClose CommentsPermalink





(i) shall not affect the powers of the Commission; andCommentsClose CommentsPermalink





(ii) shall be filled in the same manner as the original appointment was made.CommentsClose CommentsPermalink





(3) 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.CommentsClose CommentsPermalink





(4) MEETINGS- The Commission shall meet at the call of the Chairperson.CommentsClose CommentsPermalink





(5) QUORUM- A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.CommentsClose CommentsPermalink





(6) CHAIRPERSON AND VICE CHAIRPERSON- The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.CommentsClose CommentsPermalink





(7) COMPENSATION- A member of the Commission shall be compensated at level III of the Executive Schedule.CommentsClose CommentsPermalink





(c) Duties- The Commission shall--CommentsClose CommentsPermalink





(1) subject to subsection (d), develop specific requirements for--CommentsClose CommentsPermalink





(A) the competition process;CommentsClose CommentsPermalink





(B) minimum performance standards;CommentsClose CommentsPermalink





(C) monitoring and verification procedures; andCommentsClose CommentsPermalink





(D) the scale of awards for each milestone identified under paragraph (3);CommentsClose CommentsPermalink





(2) 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);CommentsClose CommentsPermalink





(3) in coordination with the Secretary, offer those financial awards to public and private entities that demonstrate--CommentsClose CommentsPermalink





(A) a design document for a successful technology;CommentsClose CommentsPermalink





(B) a bench scale demonstration of a technology;CommentsClose CommentsPermalink





(C) technology described in subparagraph (A) that--CommentsClose CommentsPermalink





(i) is operational at demonstration scale; andCommentsClose CommentsPermalink





(ii) achieves significant greenhouse gas reductions; andCommentsClose CommentsPermalink





(D) operation of technology on a commercially viable scale that meets the minimum levels described in paragraph (2); andCommentsClose CommentsPermalink





(4) submit to Congress--CommentsClose CommentsPermalink





(A) 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); andCommentsClose CommentsPermalink





(B) 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.CommentsClose CommentsPermalink





(d) Public Participation- In carrying out subsection (c)(1), the Commission shall--CommentsClose CommentsPermalink





(1) 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); andCommentsClose CommentsPermalink





(2) take into account public comments received in developing the final version of those requirements.CommentsClose CommentsPermalink





(e) 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.CommentsClose CommentsPermalink

SEC. 6. INTELLECTUAL PROPERTY CONSIDERATIONS.

(a) 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.CommentsClose CommentsPermalink





(b) Reservation of License- The United States--CommentsClose CommentsPermalink





(1) 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); butCommentsClose CommentsPermalink





(2) shall not, in the exercise of a license reserved under paragraph (1), publicly disclose proprietary information relating to the license.CommentsClose CommentsPermalink





(c) 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.CommentsClose CommentsPermalink

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this Act.CommentsClose CommentsPermalink

SEC. 8. TERMINATION OF AUTHORITY.

The Commission and all authority of the Commission provided under this Act terminate on December 31, 2020.CommentsClose CommentsPermalink