No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5629 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5629
To support marine carbon dioxide removal activities, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 19 (legislative day, December 16), 2024
Mr. Schatz introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To support marine carbon dioxide removal activities, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Removing and
Sequestering Carbon Unleashed in the Environment and Oceans Act'' or
the ``ReSCUE Oceans Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Purposes.
Sec. 4. Rule of construction.
Sec. 5. Research security.
TITLE I--MATTERS RELATING TO THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
Sec. 101. Establishment of program for advancing marine carbon dioxide
removal.
Sec. 102. Monitoring of marine carbon dioxide removal.
Sec. 103. Research areas for marine carbon dioxide removal.
Sec. 104. Interagency working group for marine carbon dioxide removal.
Sec. 105. Biennial report on marine carbon dioxide removal.
Sec. 106. Authorization of appropriations.
TITLE II--MATTERS RELATING TO THE NATIONAL SCIENCE FOUNDATION
Sec. 201. Researching marine carbon dioxide removal.
TITLE III--MATTERS RELATING TO THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
Sec. 301. Measuring marine carbon dioxide removal from space.
Sec. 302. Authorization of appropriations.
TITLE IV--MATTERS RELATING TO THE NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY
Sec. 401. Validating marine carbon dioxide removal.
Sec. 402. Authorization of appropriations.
SEC. 2. DEFINITIONS.
In this Act:
(1) Carbon removal credit.--The term ``carbon removal
credit'' means 1 metric tonne of carbon dioxide or equivalent
(tCOe) that--
(A) is removed through marine carbon dioxide
removal and durably stored;
(B) is unique, registered, and validated; and
(C) may be traded on a voluntary carbon market and
retired after purchase.
(2) Coastal waters.--The term ``coastal waters'' has the
meaning given that term in section 304 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1453).
(3) Contiguous zone.--The term ``contiguous zone'' has the
meaning given that term in section 502 of the Federal Water
Pollution Control Act (33 U.S.C. 1362).
(4) Exclusive economic zone.--The term ``exclusive economic
zone'' has the meaning given that term in section 3532 of the
Maritime Security and Fisheries Enforcement Act (16 U.S.C.
8001).
(5) Indian.--The term ``Indian'' has the meaning given that
term in section 6151 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7491).
(6) Indian tribal government.--The term ``Indian tribal
government'' means the recognized governing body of any Indian
or Alaska Native tribe, band, nation, pueblo, village,
community, component band, or component reservation,
individually identified (including parenthetically) in the list
published most recently as of the date of the enactment of this
Act pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
(7) Interagency working group.--The term ``interagency
working group'' means the interagency working group established
under section 104.
(8) Internal waters.--The term ``internal waters'' means
the waters shoreward of the baseline of the territorial seas,
which is normally the mean low water line along the coast of
the United States.
(9) Marine carbon dioxide removal.--The term ``marine
carbon dioxide removal'' means an intentional intervention in
the marine environment that results in the net removal of
carbon dioxide from the atmosphere as measured on a life-cycle
basis, taking into account all greenhouse gasses measured in
carbon dioxide equivalents.
(10) National sea grant college program.--The term
``national sea grant college program'' means the program
maintained under section 204(a) of the National Sea Grant
College Program Act (33 U.S.C. 1123(a)).
(11) Native american individual or entity.--The term
``Native American individual or entity'' means--
(A) an Indian;
(B) a Native Hawaiian;
(C) a Tribal organization;
(D) the Office of Hawaiian Affairs; or
(E) a Native Hawaiian organization.
(12) Native hawaiian.--The term ``Native Hawaiian'' has the
meaning given that term in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7517).
(13) Native hawaiian organization.--The term ``Native
Hawaiian organization'' means a private nonprofit organization
that--
(A) serves and represents the interests of Native
Hawaiians;
(B) has as its primary and stated purpose the
provision of services to Native Hawaiians;
(C) has Native Hawaiians serving in substantive
policymaking positions; and
(D) is recognized for having expertise in Native
Hawaiian affairs.
(14) Office of hawaiian affairs.--The term ``Office of
Hawaiian Affairs'' has the meaning given that term in section
6207 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7517).
(15) Program.--The term ``Program'' means the program
established and maintained under section 101.
(16) Protocol.--The term ``protocol'' means a systematic
approach for generating a carbon removal credit that follows a
transparent and thorough science-based methodology--
(A) for the development of projects to remove
greenhouse gas emissions or sequester carbon; and
(B) for demonstrating how to measure, monitor,
report, and verify the removal of greenhouse gas
emissions or carbon sequestration by projects described
in subparagraph (A).
(17) Relevant congressional committees.--The term
``relevant congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Natural Resources of the House
of Representatives; and
(C) the Committee on Science, Space, and Technology
of the House of Representatives.
(18) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(19) Standard.--The term ``standard'' means a broad
principle or set of criteria established to ensure the
credibility and integrity of a carbon removal credit or marine
carbon dioxide removal by providing guidance on measurement,
monitoring, reporting, and verification of greenhouse gas
removals.
(20) State.--The term ``State'' means any of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands,
American Samoa, Guam, and the Commonwealth of the Northern
Mariana Islands.
(21) Territorial seas.--The term ``territorial seas'' has
the meaning given that term in section 502 of the Federal Water
Pollution Control Act (33 U.S.C. 1362).
(22) Tribal organization.--The term ``Tribal organization''
has the meaning given that term in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).
(23) Voluntary carbon market .--The term ``voluntary carbon
market'' means a voluntary market through which carbon removal
credits may be bought or sold.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to support research, development, and field trials of
safe and responsible marine carbon dioxide removal;
(2) to ensure robust monitoring and protection of coastal
and marine ecosystems; and
(3) to coordinate Federal actions on marine carbon dioxide
removal.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed in derogation of applicable
law regulating or restricting the use of the contiguous zone, the
territorial seas, the exclusive economic zone of the United States, or
coastal waters other than internal waters.
SEC. 5. RESEARCH SECURITY.
The activities authorized under this Act shall be carried out in a
manner consistent with subtitle D of title VI of the Research and
Development, Competition, and Innovation Act (42 U.S.C. 19231 et seq.).
TITLE I--MATTERS RELATING TO THE NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
SEC. 101. ESTABLISHMENT OF PROGRAM FOR ADVANCING MARINE CARBON DIOXIDE
REMOVAL.
(a) In General.--The Secretary, through the National Oceanic and
Atmospheric Administration and in consultation with the interagency
working group, shall establish, not later than 90 days after the date
of the enactment of this Act, and maintain a program to support and
conduct activities to advance the science and understanding of marine
carbon dioxide removal consistent with the objectives and focal areas
described in subsection (b).
(b) Objectives and Focal Areas.--
(1) Objectives.--In carrying out the Program, the Secretary
shall seek to--
(A) generate, through research, development, and
field trials, the necessary knowledge, theoretical
basis, and empirical evidence to evaluate--
(i) the efficacy of marine carbon dioxide
removal, including measurability, durability,
magnitude, and additionality;
(ii) environmental and ecosystem responses
to marine carbon dioxide removal; and
(iii) the social and economic impacts,
including on public health and safety, of
marine carbon dioxide removal to adjacent and
associated coastal communities; and
(B) apply the knowledge described in subparagraph
(A) to--
(i) develop best practices for how marine
carbon dioxide removal efficacy is measured,
monitored, reported, and verified;
(ii) establish a methodology for defining
actionable thresholds of environmental and
ecosystem impacts for the deployment of marine
carbon dioxide removal;
(iii) evaluate and recommend marine carbon
dioxide removal approaches that could be safe
and effective for larger-scale deployment for
climate mitigation, considering potential
positive and negative climate, environmental,
and social outcomes;
(iv) evaluate the sustainability of marine
carbon dioxide removal approaches, including
resource requirements, life-cycle efficiency of
net carbon removal on a carbon dioxide
equivalent basis, scalability, and potential
for cost reductions;
(v) analyze viable commercialization
pathways and requisite enabling conditions for
safe and effective marine carbon dioxide
removal; and
(vi) as necessary or appropriate, support
the implementation of this Act.
(2) Focal areas.--In carrying out the Program, the
Secretary shall support and conduct activities to advance the
science and understanding of--
(A) ocean alkalinity enhancement;
(B) electrochemical engineering approaches;
(C) macroalgae cultivation;
(D) nutrient fertilization;
(E) artificial upwelling and downwelling;
(F) coastal marine ecosystems as a natural climate
solution; and
(G) other marine carbon dioxide removal approaches
as the Secretary considers appropriate.
(c) Grants.--
(1) In general.--In carrying out the Program, the Secretary
shall award grants, on a competitive basis, to fund research in
accordance with the objectives described in subsection (b)(1)
and the Federal research plan described in section 104.
(2) Code of conduct.--The Secretary shall require grantees
under this subsection conducting activities in the field to
abide by the code of conduct established under section 104.
(3) Funding for engagement and consultation.--
(A) In general.--Except as provided in subparagraph
(B), not more than 15 percent of the value of any grant
awarded under this subsection may be expended in
support of engagement and consultation activities.
(B) Exception.--The limitation described in
subparagraph (A) shall not apply to any grant awarded
for a proposal the primary focus of which is the study
of outreach, engagement, or social science.
(d) Additional Authority.--The Secretary may enter into contracts,
public-private partnerships, cooperative agreements, or other financial
agreements in furtherance of this Act.
(e) Data Management.--
(1) Strategies.--The Secretary, in cooperation with such
partners as the Secretary considers relevant, shall develop and
implement data management strategies to ensure all non-
proprietary data collected pursuant to this Act are--
(A) properly stewarded for the long-term; and
(B) findable, accessible, interoperable, and
reusable.
(2) Implementation; preservation and curation.--The
Secretary shall--
(A) ensure management of data collected under this
Act is implemented in accordance with--
(i) chapter 35 of title 44, United States
Code; and
(ii) the Foundations for Evidence-Based
Policymaking Act of 2018 (Public Law 115-435;
132 Stat. 5529) and the amendments made by that
Act; and
(B) preserve and curate such data in accordance
with chapter 31 of title 44, United States Code
(commonly known as the ``Federal Records Act of
1950''), in order to maximize use of such data.
(f) International Coordination.--In carrying out this section, the
Secretary shall coordinate with the Secretary of State and appropriate
international entities.
SEC. 102. MONITORING OF MARINE CARBON DIOXIDE REMOVAL.
(a) In General.--For field activities conducted as part of the
Program, the Secretary shall, as practicable, provide or otherwise
develop the instrumentation, infrastructure, and personnel for
efficient and rigorous monitoring to--
(1) understand and minimize negative ecosystem, community,
and economic impacts related to marine carbon dioxide removal;
and
(2) maximize co-benefits of marine carbon dioxide removal
for communities and ecosystems.
(b) Monitoring Goals.--In carrying out subsection (a), the
Secretary shall--
(1) use monitoring assets to achieve the objectives
described in section 101(b)(1);
(2) support compliance with applicable environmental law;
(3) support rigorous, science-based approaches for the
research, development, and trialing of technologies for marine
carbon dioxide removal;
(4) develop and improve technologies for monitoring,
modeling, analyzing, remediating, or mitigating impacts from
marine carbon dioxide removal;
(5) study ecosystem responses to marine carbon dioxide
removal technology; and
(6) collect data to inform the development of uniform
standards and protocols for marine carbon dioxide removal,
including--
(A) the amount of carbon dioxide removed from the
ocean and the atmosphere attributable to marine carbon
dioxide removal;
(B) the duration of carbon sequestration and risk
of reversal of sequestration, as applicable;
(C) for marine carbon dioxide removal technologies
that rely on an energy source, the amount of energy
consumed by the technology; and
(D) other metrics the Secretary considers necessary
or advisable.
(c) Technical Assistance.--To support the development of reliable,
fair, and efficient voluntary carbon markets and best practices, the
Secretary, in consultation with the Secretary of the Treasury and the
Secretary of Energy, may provide technical assistance to promote
consistency, reliability, effectiveness, efficiency, and transparency,
including through protocol documents and details relating to--
(1) calculations;
(2) sampling methodologies;
(3) accounting principles;
(4) systems for measurement, monitoring, reporting, and
verification; and
(5) methods to account for additionality, durability and
duration of carbon storage, leakage, and, as appropriate,
avoidance of double counting.
(d) Public-Private-Academic Partnerships.--The Secretary may
examine and develop models for public-private-academic partnerships to
efficiently monitor marine carbon dioxide removal, including with
respect to--
(1) data sharing and standardization;
(2) cost sharing;
(3) in-kind contributions; and
(4) contracts and grants for third-party monitoring
activities.
(e) Contracts.--In carrying out this section, the Secretary may
enter into contracts the Secretary considers necessary or advisable.
(f) Unlimited Right Data.--
(1) In general.--Subject to contracts protecting
confidential proprietary data, the Secretary shall make
monitoring data collected, and protocols created, under this
section available to the public at no cost and with no
restrictions on copying, publishing, distributing, citing,
adapting, or otherwise using such data or protocols.
(2) Limitation.--The Secretary may enter into cooperative
research and development agreements that restrict data sharing
and ensure protection of intellectual property for such users
of research areas designated or established under section 103
as the Secretary considers appropriate.
SEC. 103. RESEARCH AREAS FOR MARINE CARBON DIOXIDE REMOVAL.
(a) In General.--In carrying out the Program, the Secretary may--
(1) designate federally administered oceanic, coastal,
estuarine, riverine, or terrestrial areas for research related
to one or more marine carbon dioxide removal approaches; or
(2) award grants to eligible entities to establish such
areas for such research.
(b) Purpose.--The purpose of the research areas designated or
established under this section shall be to enable--
(1) the basic and applied science needed to achieve the
objectives described in section 101(b)(1), including through--
(A) bench-scale, mesocosm, and wet lab experiments;
and
(B) field trials, other field research, and
demonstration projects;
(2) coordinated permitting and compliance with applicable
environmental law, engagement and consultation with relevant
stakeholders, and risk mitigation;
(3) sensing networks that can reliably return accurate
observations across a wide field of variables in support of the
monitoring goals set forth in section 102(b);
(4) a community of practice among Federal and non-Federal
researchers, entrepreneurs, and other stakeholders;
(5) the incubation or acceleration of businesses that can
safely deploy--
(A) marine carbon dioxide removal; or
(B) technologies to measure, monitor, report, or
verify approaches; and
(6) long-term community engagement and participation in
marine carbon dioxide removal activities.
(c) Inventory.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall--
(1) conduct an inventory of existing Federal facilities and
oceanic, coastal, estuarine, riverine, or terrestrial areas
that may be suitable for designation as federally administered
research areas under this section;
(2) submit the inventory to the interagency working group
for review;
(3) following submittal of the inventory under paragraph
(2), publish the inventory to the Federal Register for public
comment; and
(4) use such public comments to inform the selection of
research areas.
(d) Grants.--
(1) Eligible entities.--For purposes of grants under this
section, an eligible entity is any of the following:
(A) A National Laboratory (as defined in section 2
of the Energy Policy Act of 2005 (42 U.S.C. 15801)).
(B) An institution of higher education (as defined
in section 101 of the Higher Education Act of 1965 (20
U.S.C. 1001)).
(C) A State, local, or Indian tribal government.
(D) Any other private or public entity.
(E) A consortium of entities described in any of
subparagraphs (A) through (D).
(2) Applications.--An eligible entity seeking a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information as
the Secretary may require.
(3) Private sector investment.--In awarding grants under
this section, the Secretary shall seek to leverage private
sector investment, to the extent possible.
(e) Suitability Assessment.--
(1) In general.--The Secretary shall assess the suitability
of each research area under consideration for designation or
establishment under this section.
(2) Data; tools; considerations.--In carrying out paragraph
(1), the Secretary--
(A) shall use relevant scientific, social, and
economic data, including baseline environmental data
and any assessments of baseline environmental data; and
(B) may--
(i) develop and employ marine spatial
planning tools; and
(ii) consider non-contiguous areas that are
proximate to one another and connected by
ecological or oceanographic factors.
(3) Factors.--In carrying out paragraph (1), the Secretary
may assess the following:
(A) Matters relating to oceanographic and
ecological characteristics, including--
(i) proximity and access to geologic
storage formations;
(ii) impacts to coastal and marine
ecosystems, biodiversity, protected species,
and the habitat of such species;
(iii) proximity and impacts to existing
protected areas, such as marine monuments and
sanctuaries; and
(iv) bathymetry, ocean circulation, and
carbon chemistry baselines.
(B) Matters relating to human uses and communities,
including--
(i) current and possible future human uses
of the research area and the areas in
reasonable proximity to the research area;
(ii) availability of existing sensor
networks, technology, infrastructure, and land-
based facilities;
(iii) where appropriate, potential
colocation with existing infrastructure such as
desalination plants, ships, moorings, and
renewable energy; and
(iv) potential socioeconomic or
sociocultural impacts on adjacent coastal
communities, including Native American
individuals or entities.
(C) Potential downstream impacts beyond the
research area.
(D) Such other factors as the Secretary considers
appropriate, in consultation with--
(i) States or Indian tribal governments
that are in reasonable proximity to the
research area; or
(ii) the interagency working group.
(f) Terms and Conditions.--
(1) In general.--For each research area designated or
established under this section, and subject to subsection (i),
the Secretary shall develop terms and conditions by which all
users of the research area shall abide.
(2) Elements.--At a minimum, the terms and conditions
developed under this subsection shall include--
(A) a requirement for any user of the research area
to abide by the code of conduct established under
section 104;
(B) stewardship, management, and conservation
measures that incorporate local and traditional
knowledge, to the greatest extent practicable;
(C) a requirement for the user to develop and
follow a plan to--
(i) mitigate risks and conflicts regarding
local ecological conditions, biological
sensitivities, protected resources, and
commercial and human uses;
(ii) monitor ecosystem responses within,
and in reasonable proximity to, the research
area;
(iii) address potential environmental
degradation resulting from activities at the
research area; and
(iv) following the expiration of a research
area, remove--
(I) the user's fixtures,
furnishings, equipment; and
(II) any improvements made to the
research area;
(D) clear, objective thresholds of environmental
harm that require the immediate cessation of a user's
activities at the research area;
(E) the user's consent for--
(i) remote monitoring of the user's
activities and the impacts of those activities
on the environment; and
(ii) regular and unannounced inspections of
the user's activities by the advisory board for
the research area appointed under subsection
(j);
(F) a requirement that the user will comply with
all applicable law and policies; and
(G) additional terms and conditions as the
Secretary considers necessary or appropriate in
furtherance of this Act.
(g) Duration.--
(1) In general.--The duration of research areas designated
or established under this section shall be determined as
provided in this subsection.
(2) Research areas administered by a federal agency.--
(A) Reassessment.--Not less frequently than once
every 5 years, the Secretary shall reassess each
research area administered by a Federal agency to
ensure that the research area advances the purpose set
forth in subsection (b), the research area is suitable
under subsection (e), and users of the research area
are in compliance with applicable terms and conditions
developed under subsection (f).
(B) Termination of activities.--If, pursuant to a
reassessment carried out with respect to a research
area under subparagraph (A), the Secretary finds that
the research area does not advance the purpose set
forth in subsection (b), the research area is not
suitable under subsection (e), or users of the research
area are noncompliant with applicable terms and
conditions developed under subsection (f), the Federal
agency administering the research area shall--
(i) terminate activities at the research
area; and
(ii)(I) close down operations at the
research area pursuant to applicable terms and
conditions; or
(II) remediate the research area to comport
with subsections (b), (e), and (f).
(3) Research areas administered by an eligible entity.--
(A) Initial period.--An eligible entity
administering a research area under this Act may carry
out activities at the research area for an initial
period of 5 years.
(B) Reassessment.--Before the conclusion of an
initial period for a research area described in
subparagraph (A), the Secretary shall reassess the
research area to ensure that the research area advances
the purpose set forth in subsection (b), the research
area is suitable under subsection (e), and users of the
research are in compliance with applicable terms and
conditions developed under subsection (f).
(C) Additional period.--If, pursuant to a
reassessment carried out with respect to a research
area under subparagraph (B), the Secretary finds that
the research area advances the purpose set forth in
subsection (b), the research area is suitable under
subsection (e), and users of the research area are in
compliance with applicable terms and conditions
developed under subsection (f), the Secretary may
authorize the eligible entity administering the
research area to carry out activities at the research
area for a single, additional period of 5 years.
(D) Termination of activities.--If, pursuant to a
reassessment carried out with respect to a research
area under subparagraph (B), the Secretary finds that
the research area does not advance the purpose set
forth in subsection (b), the research area is not
suitable under subsection (e), or users of the research
area are noncompliant with applicable terms and
conditions developed under subsection (f), the eligible
entity administering the research area shall--
(i) terminate activities at the research
area; and
(ii)(I) close down operations at the
research area pursuant to applicable terms and
conditions; or
(II) remediate the research area to comport
with subsections (b), (e), and (f).
(E) Reestablishment.--In order to allow for
continuity of operations, not later than 1 year prior
to the conclusion of an additional 5-year period for a
research area authorized under subparagraph (C), the
eligible entity administering the research area may
reapply for the establishment of the research area
under this section.
(h) Community Benefits.--For each research area designated or
established under this section, and subject to subsection (i), the
Secretary shall develop, to the extent possible, opportunities to
deliver benefits to communities with interest in the research area,
such as--
(1) community benefit agreements;
(2) workforce development opportunities;
(3) mitigation measures;
(4) public education efforts; and
(5) other socioeconomic or educational benefit schemes.
(i) Engagement or Consultation; Partnerships.--In carrying out
subsections (f) and (h), the Secretary--
(1) shall engage or consult, as appropriate, regarding the
terms and conditions and community benefits described in such
subsections with--
(A) State, local, and Indian tribal governments
with jurisdiction over any part of the research area;
(B) members of communities proximate to the
research area, including relevant recreational and
commercial users, academic institutions, Native
American individuals or entities, and nongovernmental
organizations; and
(C) other stakeholders as the Secretary considers
necessary to ensure full and fair engagement with
potentially impacted community members; and
(2) may leverage existing partnerships and assets to
support meaningful public participation, including--
(A) the national sea grant college program;
(B) Regional Ocean Partnerships; and
(C) the Regional Collaboration Network.
(j) Advisory Boards.--
(1) In general.--Except as provided in paragraph (3), the
Secretary shall appoint an advisory board to support oversight
of each research area designated or established under this
section, consisting of--
(A) one or more representatives of each Federal
agency participating in activities at the research
area;
(B) one or more representatives of each State,
county, or Indian tribal government adjacent to the
research area;
(C) one or more members from each community
adjacent to the research area;
(D) one or more representatives of the users of the
research area; and
(E) additional members as the Secretary considers
appropriate.
(2) Duties.--
(A) In general.--A board appointed under this
subsection shall--
(i) monitor the delivery of community
benefits, compliance with the applicable terms
and conditions, and, as necessary or advisable,
inspections of activities at the research area;
(ii) meet regularly with the Secretary to
provide advice and guidance for the management,
conservation, and stewardship of the research
area;
(iii) provide advice and recommendations to
the Secretary on whether a proposed use or user
of the research area should be allowed; and
(iv) take other actions to support the
safe, effective, orderly, and lawful operation
of the research area at the discretion of the
Secretary.
(B) Additional duties.--Upon the request of a board
appointed under this subsection, the Secretary may
assign additional duties to the board as the Secretary
considers appropriate.
(3) Special rule for regional ocean partnerships.--At the
discretion of the Secretary or upon the request of a State,
local, or Indian tribal government, the Secretary may request
that the Regional Ocean Partnership in which the research area
is located carry out the duties described in paragraph (2)
instead of appointing a board as provided in paragraph (1).
SEC. 104. INTERAGENCY WORKING GROUP FOR MARINE CARBON DIOXIDE REMOVAL.
(a) In General.--There is established an interagency working group
for marine carbon dioxide removal under the Subcommittee on Ocean
Science and Technology of the National Science and Technology Council.
(b) Membership.--The interagency working group shall be composed of
one or more representatives from each of the following:
(1) The Army Corps of Engineers.
(2) The National Oceanic and Atmospheric Administration.
(3) The National Institute of Standards and Technology.
(4) The Department of Energy.
(5) The Bureau of Ocean Energy Management.
(6) The Bureau of Safety and Environmental Enforcement.
(7) The United States Fish and Wildlife Service.
(8) The United States Geological Survey.
(9) The Department of State.
(10) The Environmental Protection Agency.
(11) The National Aeronautics and Space Administration.
(12) The National Science Foundation.
(13) The Smithsonian Institution.
(14) The Office of Naval Research.
(15) The Department of the Navy.
(16) The Coast Guard.
(17) The Department of Agriculture.
(18) The Council on Environmental Quality.
(19) The Office of Science and Technology Policy.
(c) Co-Chairs.--One or more representatives from the National
Oceanic and Atmospheric Administration and one or more representatives
from the Department of Energy shall serve as co-chairs of the
interagency working group.
(d) Meetings.--The interagency working group shall meet not less
frequently than once each year, at the call of the co-chairs.
(e) Duties.--The interagency working group shall--
(1) not later than 90 days after the date of the enactment
of this Act, establish a plan to coordinate Federal research on
marine carbon dioxide removal in accordance with subsection
(f);
(2) not later than 1 year after the date of the enactment
of this Act--
(A) establish a code of conduct in accordance with
subsection (g); and
(B) standardize the implementation of that code of
conduct;
(3) coordinate efforts among Federal agencies to support
compliance with existing law;
(4) support research and development of safe and effective
marine carbon dioxide removal;
(5) coordinate Federal funding opportunities in a manner
that avoids duplication of funding and research efforts and
maximizes funding for marine carbon dioxide removal;
(6) as appropriate, provide recommendations to--
(A) support the transition from research to
operations of safe and effective marine carbon dioxide
removal; and
(B) integrate marine carbon dioxide removal into
voluntary carbon markets;
(7) publish and submit the biennial report required by
section 105;
(8) not later than 90 days after the date on which the
interagency working group receives the inventory submitted
under section 103(c), review the inventory and provide
recommendations to the Secretary for the selection of research
areas;
(9) ensure the public availability of and public access to
the results of marine carbon dioxide removal research in
accordance with subsection (h); and
(10) take other actions, as the interagency working group
considers necessary, to coordinate Federal support for safe and
effective marine carbon dioxide removal.
(f) Federal Research Plan.--
(1) Adoption of existing plans.--In carrying out subsection
(e)(1), the interagency working group may adopt one or more
research plans prepared by agencies represented on the
interagency working group or through other interagency efforts.
(2) Updates.--Not later than 5 years after the date on
which the plan described in subsection (e)(1) is established,
and every 5 years thereafter, the interagency working group
shall update the plan.
(3) Requirements.--The plan described in subsection (e)(1)
shall--
(A) prioritize public engagement and ecosystem
impacts; and
(B) further the objectives and focal areas
described in section 101(b).
(g) Code of Conduct.--
(1) In general.--The interagency working group shall, after
publication and an opportunity for public comment in the
Federal Register, establish a code of conduct for research
relating to marine carbon dioxide removal (in this subsection
referred to as the ``code of conduct'').
(2) Adoption by agencies.--The agencies represented on the
interagency working group shall adopt the code of conduct.
(3) Applicability.--Each grantee under this Act conducting
activities in the field and each user of a research area
designated or established under section 103 shall abide by the
code of conduct.
(4) Minimum substantive requirements.--The code of conduct
shall, at minimum, require--
(A) open access to research data, findings, codes
of conduct, mitigation plans, and scientific
publications arising from the research;
(B) that open-water testing is preceded and
informed by laboratory, mesocosm, and modeling
research;
(C) public disclosure of funding sources;
(D) educational materials and community learning
opportunities to increase awareness and literacy of
proposed research activities, findings, risks,
uncertainties, potential benefits, and the distribution
of anticipated benefits and harms;
(E) opportunities for interested stakeholders to
provide input on research design;
(F) where applicable, solicitation and
incorporation of local and traditional knowledge into
research design and decisions;
(G) reasonable efforts to deconflict research with
existing commercial and human uses;
(H) for each experiment, a mitigation plan that
describes--
(i) potential ecosystem responses;
(ii) potential social outcomes, including
to health and safety;
(iii) any measures taken to minimize harm;
and
(iv) liability and guidelines for
remediation of adverse impacts, including
environmental degradation, resulting from
research;
(I) compliance with all applicable domestic and
international laws and policies; and
(J) other requirements or best practices, as the
interagency working group determines necessary, to
assess and communicate positive and negative social and
environmental impacts and uncertainties.
(5) Minimum engagement requirements.--In fulfilling the
requirements described in paragraph (4), grantees and users
described in paragraph (3) shall maximize participation of and
consultation with, at minimum--
(A) State, local, and Indian tribal governments
with jurisdiction over any part of the area in which
field research relating to marine carbon dioxide
removal is conducted;
(B) members of communities proximate to the area,
including relevant recreational and commercial users,
academic institutions, Native American individuals or
entities, and nongovernmental organizations; and
(C) other stakeholders as the head of the Federal
agency providing resources for the grantee or user
considers necessary to ensure full and fair engagement
with potentially impacted community members.
(6) Updates.--Not less frequently than once each year for
the first 5 years following the date of the enactment of this
Act, and once every 5 years thereafter, the interagency working
group shall review, and, as appropriate update, the code of
conduct to ensure that it remains timely and relevant.
(h) Public Availability and Access.--
(1) In general.--Subject to contracts protecting
confidential proprietary data, the interagency working group
may make research papers and other results generated under this
Act available to the public at no cost and with no restrictions
on copying, publishing, distributing, citing, adapting, or
otherwise using such papers or results.
(2) Portal.--Not later than 1 year after the date of the
enactment of this Act, the interagency working group shall
establish a new portal or designate an existing information
portal to ensure, while protecting sensitive proprietary
information, that data and information on marine carbon dioxide
removal generated under this Act, or by other Federal programs
and relevant stakeholders, is easily, digitally accessible,
including information that would be useful to policymakers,
researchers, and other stakeholders for advancing research or
evaluating the deployment of marine carbon dioxide removal.
(i) Memorandum of Agreement.--Not later than 90 days after the date
of the enactment of this Act, the members of the interagency working
group shall enter into a memorandum of agreement to implement this Act.
SEC. 105. BIENNIAL REPORT ON MARINE CARBON DIOXIDE REMOVAL.
(a) In General.--Not later than 2 years after the date of the
enactment of this Act, and not less frequently than once every 2 years
thereafter, the interagency working group shall--
(1) publish a report on marine carbon dioxide removal
carried out pursuant to this Act, in accordance with subsection
(c); and
(2) submit the report to the relevant congressional
committees.
(b) Elements.--Each report required by subsection (a) shall
include, for the period covered by the report, the following:
(1) A description of progress made toward the objectives
described in section 101(b)(1), including--
(A) findings generated under subparagraph (A) of
such section and the information on which those
findings are based; and
(B) efforts and outcomes related to subparagraph
(B) of such section.
(2) A summary of the activities conducted at all research
areas designated or established under section 103, including--
(A) the number of entities and personnel using each
research area for marine carbon dioxide removal; and
(B) the specific marine carbon dioxide removal
approaches studied or deployed.
(3) A summary of key findings from data collection and
monitoring, including--
(A) the amount of carbon dioxide removed from the
ocean and the atmosphere, as measured on a life-cycle
basis, by each removal technology;
(B) whether a particular removal technology results
in net removals of greenhouse gasses from the
atmosphere over its life cycle, and the duration of
sequestration, as applicable;
(C) for removal technologies that rely on an energy
source, the amount of energy consumed by the
technology; and
(D) any other metrics the interagency working group
considers necessary or advisable.
(4) A summary of research findings, knowledge gaps, and
future research priorities.
(5) An assessment of the permitting regime regulating
marine carbon dioxide removal that includes recommendations for
improved efficiency or coordination, as applicable.
(6) An identification of barriers in resources, capacity,
technology, infrastructure, or expertise to advancing the
science and application of marine carbon dioxide removal.
(7) Strategic updates to the objectives described in
section 101(b)(1).
(8) Any additional matters the interagency working group
considers relevant.
(c) Public Availability.--The interagency working group shall--
(1) publish each report required by subsection (a) on a
publicly accessible website; and
(2) make each such report available to the public at no
cost and with no restrictions on copying, publishing,
distributing, citing, adapting, or otherwise using the report.
SEC. 106. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Under Secretary of
Commerce for Oceans and Atmosphere to carry out this title--
(1) $264,000,000 for fiscal year 2025;
(2) $263,200,000 for fiscal year 2026;
(3) $256,400,000 for fiscal year 2027;
(4) $256,200,000 for fiscal year 2028;
(5) $244,400,000 for fiscal year 2029;
(6) $149,200,000 for fiscal year 2030;
(7) $149,200,000 for fiscal year 2031;
(8) $149,200,000 for fiscal year 2032;
(9) $149,200,000 for fiscal year 2033; and
(10) $149,200,000 for fiscal year 2034.
TITLE II--MATTERS RELATING TO THE NATIONAL SCIENCE FOUNDATION
SEC. 201. RESEARCHING MARINE CARBON DIOXIDE REMOVAL.
(a) Research.--The Director of the National Science Foundation
shall award grants to support the Federal research plan described in
section 104, including research related to--
(1) the efficacy of marine carbon dioxide removal,
including measurability, magnitude of greenhouse gas removal,
durability, and additionality;
(2) ecosystem responses to and social dimensions of marine
carbon dioxide removal;
(3) tools and technologies to support understanding and
measurement of the efficacy and environmental impacts of marine
carbon dioxide removal; and
(4) other relevant research areas, as determined by the
Director of the National Science Foundation.
(b) Coordination.--In carrying out subsection (a), the Director of
the National Science Foundation shall coordinate with the heads of
appropriate Federal agencies, including the Secretary.
(c) Science Workforce Development.--The Director of the National
Science Foundation shall leverage, as appropriate, the existing
scientific training, workforce development programs, and networks of
the National Science Foundation to build and expand scientific capacity
and expertise related to marine carbon dioxide removal.
TITLE III--MATTERS RELATING TO THE NATIONAL AERONAUTICS AND SPACE
ADMINISTRATION
SEC. 301. MEASURING MARINE CARBON DIOXIDE REMOVAL FROM SPACE.
(a) Marine Carbon Dioxide Removal Activities.--To the extent
practicable, the Administrator of the National Aeronautics and Space
Administration (referred to in this title as the ``Administrator'')
shall ensure that the capabilities and assets of the National
Aeronautics and Space Administration are used to advance understanding
of the efficacy and impacts of marine carbon dioxide removal and to
support the Federal research plan described in section 104, including
by--
(1) leveraging the research portfolio of the National
Aeronautics and Space Administration;
(2) enhancing the monitoring and modeling programs of the
National Aeronautics and Space Administration to incorporate
relevant data for marine carbon dioxide removal;
(3) leveraging and aligning the Mission Directorates of the
National Aeronautics and Space Administration; and
(4) carrying out any other relevant activity, as determined
by the Administrator.
(b) Coordination and Program Consistency.--In carrying out the
activities described in subsection (a), the Administrator shall
coordinate with the head of any appropriate Federal agency, including
the Under Secretary of Commerce for Oceans and Atmosphere, to ensure
that the research activities of the National Aeronautics and Space
Administration are carried out in cooperation with the efforts of such
agency.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to Administrator to carry
out this title--
(1) $4,900,000 for fiscal year 2025;
(2) $4,900,000 for fiscal year 2026;
(3) $4,800,000 for fiscal year 2027;
(4) $4,800,000 for fiscal year 2028;
(5) $4,600,000 for fiscal year 2029;
(6) $2,800,000 for fiscal year 2030;
(7) $2,800,000 for fiscal year 2031;
(8) $2,800,000 for fiscal year 2032;
(9) $2,800,000 for fiscal year 2033; and
(10) $2,800,000 for fiscal year 2034.
TITLE IV--MATTERS RELATING TO THE NATIONAL INSTITUTE OF STANDARDS AND
TECHNOLOGY
SEC. 401. VALIDATING MARINE CARBON DIOXIDE REMOVAL.
(a) Marine Carbon Dioxide Removal Initiative.--The Under Secretary
of Commerce for Standards and Technology shall carry out an initiative
to develop and standardize benchmark materials, measurements, data, and
models to accelerate innovation in and validate performance of
materials and technologies for marine carbon dioxide removal.
(b) Coordination.--In carrying out the activities described in
subsection (a), the Under Secretary of Commerce for Standards and
Technology shall coordinate with the heads of such Federal agencies as
the Under Secretary considers appropriate, including the Under
Secretary of Commerce for Oceans and Atmosphere.
(c) International Engagement.--The Under Secretary of Commerce for
Standards and Technology, in coordination with the Secretary of State,
shall engage international bodies to promote global adoption of the
standards referred to in subsection (a).
SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Under Secretary of
Commerce for Standards and Technology to carry out this title--
(1) $11,500,000 for fiscal year 2025;
(2) $11,500,000 for fiscal year 2026;
(3) $11,200,000 for fiscal year 2027;
(4) $11,200,000 for fiscal year 2028;
(5) $10,700,000 for fiscal year 2029;
(6) $6,500,000 for fiscal year 2030;
(7) $6,500,000 for fiscal year 2031;
(8) $6,500,000 for fiscal year 2032;
(9) $6,500,000 for fiscal year 2033; and
(10) $6,500,000 for fiscal year 2034.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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