I 

115TH CONGRESS 

2D SESSION H. R. 5373 

To provide support for the production of algae, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 21, 2018 

Mr. PETERS (for himself, Mr. LAHOOD, Mr. KILMER, and Mr. BIGGS) introduced the following bill; which was referred to the Committee on Agriculture, and in addition to the Committee on Energy and Commerce, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide support for the production of algae, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Algae Agriculture Act of 2018’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. National conservation practice standard for algae-based nutrient management systems. 

Sec. 3. Rural electrification assistance programs. 


amozie on DSK30RV082PROD with BILLS
2 

•HR 5373 IH

Sec. 4. Agriculture and Food Research Initiatives priorities. 

Sec. 5. Foundation for Food and Agriculture Research Purposes. 

Sec. 6. Studies. 

Sec. 7. Center of excellence. 

Sec. 8. Energy programs. 

Sec. 9. Assistance for algae production. 

1 SEC. 2. NATIONAL CONSERVATION PRACTICE STANDARD 

2 FOR ALGAE-BASED NUTRIENT MANAGEMENT 

3 SYSTEMS. 

4 Section 1244 of the Food Security Act of 1985 (16 

5 U.S.C. 3844) is amended by adding at the end the fol6 lowing: 

7 ‘‘(m) NATIONAL CONSERVATION PRACTICE STAND8 ARD FOR ALGAE-BASED NUTRIENT MANAGEMENT SYS9 TEMS.—Not later than 2 years after the date of enactment 

10 of the Algae Agriculture Act of 2018, the Secretary shall 

11 establish and publish in the National Handbook of Con12 servation Practices, a national conservation practice 

13 standard for algae-based nutrient management systems.’’. 

14 SEC. 3. RURAL ELECTRIFICATION ASSISTANCE PROGRAMS. 

15 (a) Section 2(a) of the Rural Electrification Act of 

16 1936 (7 U.S.C. 902(a)) is amended by striking ‘‘efficiency 

17 and conservation’’ and inserting ‘‘efficiency, conservation, 

18 and emissions reduction (including carbon capture and 

19 use)’’. 

20 (b) Section 4(a) of the Rural Electrification Act of 

21 1936 (7 U.S.C. 904(a)) is amended— 


amozie on DSK30RV082PROD with BILLS
3 

•HR 5373 IH

1 (1) inserting after ‘‘generating plants’’ the fol2 lowing: ‘‘and related emissions reduction facilities 

3 (including carbon capture and use)’’; and 

4 (2) by striking ‘‘efficiency and conservation’’ 

5 and inserting ‘‘efficiency, conservation, and emis6 sions reduction (including carbon capture and use)’’. 

7 (c) Section 19(a) of the Rural Electrification Act of 

8 1936 (7 U.S.C. 918a(a)) is amended in each of para9 graphs (1) and (2) by inserting ‘‘(including carbon capture 

10 and use and other related emissions reduction)’’ after 

11 ‘‘generation’’. 

12 (d) Section 609(c)(3) of the Public Utility Regulatory 

13 Policies Act of 1978 (7 U.S.C. 918c(c)(3)) is amended— 

14 (1) by striking the period and inserting ‘‘—’’; 

15 and 

16 (2) by adding after and below the end the fol17 lowing: 

18 ‘‘(A) renewable energy facilities; and 

19 ‘‘(B) carbon capture and use.’’. 

20 SEC. 4. AGRICULTURE AND FOOD RESEARCH INITIATIVES 

21 PRIORITIES. 

22 Subsection (b)(2) of the Competitive, Special, and 

23 Facilities Research Grant Act (7 U.S.C. 3157(b)(2)) is 

24 amended— 

25 (1) in subparagraph (A)— 


amozie on DSK30RV082PROD with BILLS
4 

•HR 5373 IH

1 (A) in the matter preceding clause (i), by 

2 striking ‘‘Plant systems’’ and inserting ‘‘Plant 

3 and algae systems (including micro- and macro4 algae systems)’’; 

5 (B) in clause (iv), by striking ‘‘plant-pest’’ 

6 and inserting ‘‘plant- and algae-pest’’; and 

7 (C) by inserting ‘‘and algae’’ after ‘‘plant’’ 

8 each place it appears in clauses (i), (ii), (v), 

9 (vi), and (vii); 

10 (2) in subparagraph (B)— 

11 (A) in clause (ix)(II), by striking ‘‘and’’ at 

12 the end; 

13 (B) in clause (x), by striking the period at 

14 the end and inserting a semicolon; and 

15 (C) by adding at the end the following new 

16 clauses: 

17 ‘‘(xi) development and testing of alter18 native feeds and feed ingredients to meet 

19 growing global demand for proteins, nutri20 tional oils, and other feed components; and 

21 ‘‘(xii) with respect to animal health, 

22 immune stimulants and other complements 

23 or alternatives to antibiotic drugs and bio24 logics.’’; 

25 (3) in subparagraph (C)— 


amozie on DSK30RV082PROD with BILLS
5 

•HR 5373 IH

1 (A) in clause (iv), by striking ‘‘and’’ at the 

2 end; 

3 (B) in clause (v), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 clause: 

7 ‘‘(vi) development and testing of new 

8 food ingredients.’’; 

9 (4) in subparagraph (D)(iii), by inserting ‘‘, re10 storing soil carbon and soil health,’’ after ‘‘water 

11 losses’’; and 

12 (5) in subparagraph (F)— 

13 (A) by redesignating clauses (v), (vi), and 

14 (vii) as clauses (vi), (vii), and (viii); and 

15 (B) by inserting after clause (iv) the fol16 lowing new clause: 

17 ‘‘(v) economic opportunities from new 

18 feedstocks or food products that expand 

19 agricultural opportunity in the United 

20 States through production on marginal or 

21 unproductive land, industrial systems, or 

22 coastal or open seawater, or that signifi23 cantly increase the yield of food, feed, or 

24 other products from existing agricultural 

25 land;’’. 


amozie on DSK30RV082PROD with BILLS
6 

•HR 5373 IH

1 SEC. 5. FOUNDATION FOR FOOD AND AGRICULTURE RE2 SEARCH PURPOSES. 

3 Sec. 7601(c)(A) of the Agricultural Act of 2014 (7 

4 U.S.C. 5939(c)(A)) is amended by inserting ‘‘and algae’’ 

5 after ‘‘plant’’ each place it appears. 

6 SEC. 6. STUDIES. 

7 (a) ALGAE PROTEIN STUDY.— 

8 (1) IN GENERAL.—Not later than 90 days after 

9 the date of the enactment of this Act, the Secretary 

10 of Agriculture shall initiate a study of algae protein 

11 production potential. The study shall— 

12 (A) review and validate projected needs 

13 and supply gaps for protein in the United 

14 States for the next 20 years (beginning with 

15 2019), based on current production trends, de16 mand and technology outlook; 

17 (B) assess the physical and economic feasi18 bility for the United States to grow algae (in19 cluding microalgae and macroalgae) to address 

20 such needs and supply gaps; 

21 (C) compare the nutritional profile and 

22 benefits of algae with other alternative protein 

23 sources and meat proteins; 

24 (D) determine public and private activities 

25 and investments required to scale up to United 


amozie on DSK30RV082PROD with BILLS
7 

•HR 5373 IH

1 States algae protein production over the short2 , medium-, and long-term; 

3 (E) estimate the number of jobs created, 

4 per State and per Congressional district, by 

5 fully ramping up production of algae proteins; 

6 and 

7 (F) estimate the potential value of algae 

8 protein exports from the United States by 

9 2025, 2030, and 2035. 

10 (2) STUDY TEAM MEMBERS.—The team of indi11 viduals conducting such study shall include one lab12 oratory of the Department of Agriculture, one lab13 oratory of the Department of Energy, industry asso14 ciations, and academics. 

15 (3) REPORT.—Not later than 1 year after the 

16 date of the enactment of this Act, the Secretary of 

17 Agriculture shall submit to Congress a report that 

18 describes the results of the study. 

19 (4) FUNDING.—There are authorized to be ap20 propriated to carry out this subsection such sums as 

21 may be necessary, to remain available until ex22 pended. 

23 (b) ALGAE FOR SOIL HEALTH STUDY.— 

24 (1) STUDY.—Not later than 90 days after the 

25 date of the enactment of this Act, the Secretary of 


amozie on DSK30RV082PROD with BILLS
8 

•HR 5373 IH

1 Agriculture shall initiate a competitive external 

2 study to determine the benefits to microbial diver3 sity, the restoration of soil organic carbon and 

4 humic substances, and other aspects of soil health of 

5 on-field application of algae biomass (including 

6 microalgae and macroalgae) or algae-derived compo7 nents. The study shall, with respect to the applica8 tion of algae biomass— 

9 (A) develop a research protocol for a three10 year evaluation; 

11 (B) conduct field trials; 

12 (C) prepare and disseminate an annual 

13 progress report to the public on the Internet 

14 website of the Department of Agriculture; and 

15 (D) prepare and disseminate a final report 

16 to the public, including an assessment of oppor17 tunities and barriers to commercial deployment. 

18 (2) REPORT.—Not later than 4 years after the 

19 date of the enactment of this Act, the Secretary 

20 shall submit to Congress a report that describes the 

21 results of the study. 

22 (3) FUNDING.—There are authorized to be ap23 propriated to carry out this subsection such sums as 

24 may be necessary, to remain available until ex25 pended. 


amozie on DSK30RV082PROD with BILLS
9 

•HR 5373 IH

1 SEC. 7. CENTER OF EXCELLENCE. 

2 Section 1673 of the Food, Agriculture, Conservation, 

3 and Trade Act of 1990 (7 U.S.C. 5926) is amended by 

4 adding at the end the following new subsection: 

5 ‘‘(d) ALGAE PROTEIN CENTER OF EXCELLENCE.— 

6 The Secretary shall establish an Algae Protein Center of 

7 Excellence to accelerate development of a United States8 based algae (including microalgae and macroalgae) indus9 try that will serve as a hub for innovation and collabora10 tion, among leading United States algae companies, inter11 national food corporations, and university research ex12 perts. The Center shall be comprised of one center for 

13 each of the following major protein markets: 

14 ‘‘(1) Food. 

15 ‘‘(2) Animal feed. 

16 ‘‘(3) Aquaculture feed.’’. 

17 SEC. 8. ENERGY PROGRAMS. 

18 (a) AMENDMENTS TO DEFINITIONS.—Section 9001 

19 of the Farm Security and Rural Investment Act of 2002 

20 (7 U.S.C. 8101) is amended— 

21 (1) in paragraph (3)(B)— 

22 (A) in clause (vi), by striking ‘‘and’’ at the 

23 end; 

24 (B) in clause (vii), by striking the period 

25 at the end and inserting ‘‘; and’’; and 

26 (C) by adding at the end the following: 


amozie on DSK30RV082PROD with BILLS
10 

•HR 5373 IH

1 ‘‘(viii) fuel derived from biological 

2 processing of carbon captured from— 

3 ‘‘(I) an industrial source that 

4 would otherwise be released into the 

5 atmosphere; or 

6 ‘‘(II) air capture.’’; 

7 (2) in paragraph (4), by inserting ‘‘, except 

8 food or feed from algae or biological capture and 

9 reuse of carbon’’ after ‘‘other than food or feed’’; 

10 (3) in paragraph (12), by striking ‘‘or forestry 

11 materials’’ and inserting ‘‘, forestry materials, or 

12 fuel derived from biological processing of carbon 

13 captured from an industrial source that would other14 wise be released into the atmosphere or air capture’’; 

15 and 

16 (4) in paragraph (13)(B)(ii)— 

17 (A) in subclause (III), by striking ‘‘and’’ at 

18 the end; 

19 (B) in subclause (IV), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(V) fuel derived from biological 

23 processing of carbon captured from— 


amozie on DSK30RV082PROD with BILLS
11 

•HR 5373 IH

1 ‘‘(aa) an industrial source 

2 that would otherwise be released 

3 into the atmosphere; or 

4 ‘‘(bb) air capture.’’. 

5 (b) BIOBASED MARKETS PROGRAM.—Section 9002 

6 of the Farm Security and Rural Investment Act of 2002 

7 (7 U.S.C. 8102) is amended by adding at the end the fol8 lowing: 

9 ‘‘(k) BIOBASED CONTENT FOR RECYCLED CAR10 BON.—Not later than 1 year after the date of the enact11 ment of this Act, the Secretary shall establish biobased 

12 content methodology for products from biologically recy13 cled carbon that provides full credit for carbon content 

14 from biological processing of carbon captured from— 

15 ‘‘(1) an industrial source that would otherwise 

16 be released into the atmosphere; or 

17 ‘‘(2) air capture.’’. 

18 (c) BIOREFINERY, RENEWABLE CHEMICAL, AND

19 BIOBASED PRODUCT MANUFACTURING ASSISTANCE.— 

20 Section 9003 of the Farm Security and Rural Investment 

21 Act of 2002 (7 U.S.C. 8103) is amended in subsection 

22 (b)(3)— 

23 (1) in subparagraph (A), by striking ‘‘and’’ at 

24 the end and inserting ‘‘or’’; and 

25 (2) in subparagraph (B)— 


amozie on DSK30RV082PROD with BILLS
12 

•HR 5373 IH

1 (A) by inserting ‘‘renewable chemical or 

2 biobased product’’ before ‘‘technology’’; and 

3 (B) by striking ‘‘biorefinery that produces 

4 an advanced biofuel.’’ and inserting ‘‘bio5 refinery.’’. 

6 (d) BIOMASS CROP ASSISTANCE PROGRAM.—Section 

7 9011(a)(6)(C) of the Farm Security and Rural Investment 

8 Act of 2002 (7 U.S.C. 8111(a)(6)(C)) is amended— 

9 (1) by striking subsection (iv); and 

10 (2) by redesignating subsections (v) through 

11 (vii) as subsections (iv) through (vi), respectively. 

12 SEC. 9. ASSISTANCE FOR ALGAE PRODUCTION. 

13 (a) ELIGIBILITY OF ALGAE FOR NONINSURED CROP

14 DISASTER ASSISTANCE PROGRAM.—Section 196(a)(2)(B) 

15 of the Federal Agriculture Improvement and Reform Act 

16 of 1996 (7 U.S.C. 7333(a)(2)(B)) is amended by inserting 

17 ‘‘algae (including microalgae and macroalgae),’’ after 

18 ‘‘biomass sorghum,’’. 

19 (b) RESEARCH AND DEVELOPMENT PRIORITIES.— 

20 Section 522(c) of the Federal Crop Insurance Act (7 

21 U.S.C. 1522(c)) is amended— 

22 (1) in paragraph (6), by inserting ‘‘algae (in23 cluding microalgae and macroalgae),’’ after ‘‘includ24 ing,’’; 


amozie on DSK30RV082PROD with BILLS
13 

•HR 5373 IH

1 (2) by redesignating paragraph (24) as para2 graph (25); and 

3 (3) by inserting after paragraph (23) the fol4 lowing: 

5 ‘‘(24) ALGAE INSURANCE POLICIES.— 

6 ‘‘(A) IN GENERAL.—The Corporation shall 

7 offer to enter into 1 or more contracts with 

8 qualified entities to carry out research and de9 velopment regarding a policy to insure algae 

10 (including microalgae and macroalgae) that is 

11 grown for the production of food, feed, renew12 able biofuel, biobased products, or other pur13 poses. 

14 ‘‘(B) RESEARCH AND DEVELOPMENT.— 

15 Research and development with respect to the 

16 policy required under subparagraph (A) shall 

17 evaluate the effectiveness of risk management 

18 tools for the production of algae (including 

19 microalgae and macroalgae), including policies 

20 and plans of insurance that— 

21 ‘‘(i) are based on market prices and 

22 yields; 

23 ‘‘(ii) to the extent that insufficient 

24 data exist to develop a policy based on 

25 market prices and yields, evaluate the poliVerDate Sep 11 2014 23:05 Apr 02, 2018 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5373.IH H5373

amozie on DSK30RV082PROD with BILLS
14 

•HR 5373 IH

1 cies and plans of insurance based on other 

2 factors determined by the Secretary; and 

3 ‘‘(iii) provide protection for production 

4 or revenue losses, or both.’’. 

Æ 


amozie on DSK30RV082PROD with BILLS