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termines a different composition percent-
age is appropriate); 
‘‘(iv) set forth recommended practices 
with 
respect 
to 
the 
procurement 
of 
biobased products and items containing 
such materials; 
‘‘(v) provide information as to the 
availability, relative price, performance, 
and environmental and public health bene-
fits of such materials and items; and 
‘‘(vi) take effect on the date estab-
lished in the guidelines, which may not ex-
ceed 1 year after publication. 
‘‘(C) INFORMATION PROVIDED.—Informa-
tion provided pursuant to subparagraph (B)(v) 
with respect to a material or item shall be con-
sidered to be provided for another item made 
with the same material or item. 
‘‘(D) 
PROHIBITION.—Guidelines 
issued 
under this paragraph may not require a manu-
facturer or vendor of biobased products, as a 
condition of the purchase of biobased products 
from the manufacturer or vendor, to provide to 
procuring agencies more data than would be re-
quired to be provided by other manufacturers or 
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vendors offering products for sale to a pro-
curing agency, other than data confirming the 
biobased content of a product. 
‘‘(E) 
QUALIFYING
PURCHASES.—The 
guidelines shall apply with respect to any pur-
chase or acquisition of a procurement item for 
which— 
‘‘(i) the purchase price of the item ex-
ceeds $10,000; or 
‘‘(ii) the quantity of the items or of 
functionally-equivalent items purchased or 
acquired during the preceding fiscal year 
was at least $10,000. 
‘‘(4) ADMINISTRATION.— 
‘‘(A) OFFICE OF FEDERAL PROCUREMENT 
POLICY.—The Office of Federal Procurement 
Policy, in cooperation with the Secretary, 
shall— 
‘‘(i) coordinate the implementation of 
this subsection with other policies for Fed-
eral procurement; 
‘‘(ii) annually collect the information 
required to be reported under subpara-
graph (B) and make the information pub-
licly available; 
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‘‘(iii) take a leading role in informing 
Federal agencies concerning, and pro-
moting the adoption of and compliance 
with, 
procurement 
requirements 
for 
biobased products by Federal agencies; and 
‘‘(iv) not less than once every 2 years, 
submit to Congress a report that— 
‘‘(I) describes the progress made 
in carrying out this subsection; and 
‘‘(II) contains a summary of the 
information reported pursuant to sub-
paragraph (B). 
‘‘(B) OTHER AGENCIES.—To assist the Of-
fice of Federal Procurement Policy in carrying 
out subparagraph (A)— 
‘‘(i) each procuring agency shall sub-
mit each year to the Office of Federal Pro-
curement Policy, to the maximum extent 
practicable, information concerning— 
‘‘(I) actions taken to implement 
paragraph (2); 
‘‘(II) the results of the annual re-
view and monitoring program estab-
lished under paragraph (2)(C)(iv); 
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‘‘(III) the number and dollar 
value of contracts entered into during 
the year that include the direct pro-
curement of biobased products; 
‘‘(IV) the number of service and 
construction (including renovations) 
contracts entered into during the year 
that include language on the use of 
biobased products; and 
‘‘(V) the types and dollar value 
of biobased products actually used by 
contractors in carrying out service 
and construction (including renova-
tions) contracts during the previous 
year; and 
‘‘(ii) the General Services Administra-
tion and the Defense Logistics Agency 
shall submit each year to the Office of 
Federal Procurement Policy information 
concerning, to the maximum extent prac-
ticable, the types and dollar value of 
biobased products purchased by procuring 
agencies. 
‘‘(C) PROCUREMENT SUBJECT TO OTHER 
LAW.—Any procurement by any Federal agency 
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that is subject to regulations of the Adminis-
trator under section 6002 of the Solid Waste 
Disposal Act (42 U.S.C. 6962) shall not be sub-
ject to the requirements of this section to the 
extent that the requirements are inconsistent 
with the regulations. 
‘‘(b) LABELING.— 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Administrator, shall establish a vol-
untary program under which the Secretary author-
izes producers of biobased products to use the label 
‘USDA Certified Biobased Product’. 
‘‘(2) ELIGIBILITY CRITERIA.— 
‘‘(A) CRITERIA.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date of the enactment of the 
Food, Conservation, and Energy Act of 
2008 and except as provided in clause (ii), 
the Secretary, in consultation with the Ad-
ministrator and representatives from small 
and large businesses, academia, other Fed-
eral agencies, and such other persons as 
the Secretary considers appropriate, shall 
issue criteria (as of the date of enactment 
of that Act) for determining which prod-
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ucts may qualify to receive the label under 
paragraph (1). 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply to final criteria that have been 
issued (as of the date of enactment of that 
Act) by the Secretary. 
‘‘(B) 
REQUIREMENTS.—Criteria 
issued 
under subparagraph (A) shall— 
‘‘(i) encourage the purchase of prod-
ucts with the maximum biobased content; 
‘‘(ii) provide that the Secretary may 
designate as biobased for the purposes of 
the voluntary program established under 
this subsection finished products that con-
tain significant portions of biobased mate-
rials or components; and 
‘‘(iii) to the maximum extent prac-
ticable, be consistent with the guidelines 
issued under subsection (a)(3). 
‘‘(3) USE OF LABEL.—The Secretary shall en-
sure that the label referred to in paragraph (1) is 
used only on products that meet the criteria issued 
pursuant to paragraph (2). 
‘‘(c) RECOGNITION.—The Secretary shall— 
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‘‘(1) establish a program to recognize Federal 
agencies and private entities that use a substantial 
amount of biobased products; and 
‘‘(2) encourage Federal agencies to establish in-
centives programs to recognize Federal employees or 
contractors that make exceptional contributions to 
the expanded use of biobased products. 
‘‘(d) LIMITATION.—Nothing in this section shall 
apply to the procurement of motor vehicle fuels, heating 
oil, or electricity. 
‘‘(e) INCLUSION.—Effective beginning on the date 
that is 90 days after the date of enactment of the Food, 
Conservation, and Energy Act of 2008, the Architect of 
the Capitol, the Sergeant at Arms of the Senate, and the 
Chief Administrative Officer of the House of Representa-
tives shall consider the biobased product designations 
made under this section in making procurement decisions 
for the Capitol Complex. 
‘‘(f) NATIONAL TESTING CENTER REGISTRY.—The 
Secretary shall establish a national registry of testing cen-
ters for biobased products that will serve biobased product 
manufacturers. 
‘‘(g) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of the Food, Conserva-
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tion, and Energy Act of 2008 and each year there-
after, the Secretary shall submit to Congress a re-
port on the implementation of this section. 
‘‘(2) CONTENTS.—The report shall include— 
‘‘(A) a comprehensive management plan 
that 
establishes 
tasks, 
milestones, 
and 
timelines, organizational roles and responsibil-
ities, and funding allocations for fully imple-
menting this section; and 
‘‘(B) information on the status of imple-
mentation of— 
‘‘(i) item designations (including des-
ignation of intermediate ingredients and 
feedstocks); and 
‘‘(ii) the voluntary labeling program 
established under subsection (b). 
‘‘(h) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use to provide mandatory funding for biobased 
products testing and labeling as required to carry 
out this section— 
‘‘(A) $1,000,000 for fiscal year 2008; and 
‘‘(B) $2,000,000 for each of fiscal years 
2009 through 2012. 
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‘‘(2) DISCRETIONARY FUNDING.—In addition to 
any other funds made available to carry out this sec-
tion, there is authorized to be appropriated to carry 
out this section $2,000,000 for each of fiscal years 
2009 through 2012. 
‘‘SEC. 9003. BIOREFINERY ASSISTANCE. 
‘‘(a) PURPOSE.—The purpose of this section is to as-
sist in the development of new and emerging technologies 
for the development of advanced biofuels, so as to— 
‘‘(1) increase the energy independence of the 
United States; 
‘‘(2) promote resource conservation, public 
health, and the environment; 
‘‘(3) diversify markets for agricultural and for-
estry products and agriculture waste material; and 
‘‘(4) create jobs and enhance the economic de-
velopment of the rural economy. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means an individual, entity, Indian tribe, or 
unit of State or local government, including a cor-
poration, farm cooperative, farmer cooperative orga-
nization, association of agricultural producers, Na-
tional Laboratory, institution of higher education, 
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rural electric cooperative, public power entity, or 
consortium of any of those entities. 
‘‘(2) ELIGIBLE TECHNOLOGY.—The term ‘eligi-
ble technology’ means, as determined by the Sec-
retary— 
‘‘(A) a technology that is being adopted in 
a viable commercial-scale operation of a bio-
refinery that produces an advanced biofuel; and 
‘‘(B) a technology not described in sub-
paragraph (A) that has been demonstrated to 
have technical and economic potential for com-
mercial application in a biorefinery that pro-
duces an advanced biofuel. 
‘‘(c) ASSISTANCE.—The Secretary shall make avail-
able to eligible entities— 
‘‘(1) grants to assist in paying the costs of the 
development and construction of demonstration-scale 
biorefineries to demonstrate the commercial viability 
of 1 or more processes for converting renewable bio-
mass to advanced biofuels; and 
‘‘(2) guarantees for loans made to fund the de-
velopment, construction, and retrofitting of commer-
cial-scale biorefineries using eligible technology. 
‘‘(d) GRANTS.— 
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‘‘(1) COMPETITIVE BASIS.—The Secretary shall 
award grants under subsection (c)(1) on a competi-
tive basis. 
‘‘(2) SELECTION CRITERIA.— 
‘‘(A) IN
GENERAL.—In approving grant 
applications, the Secretary shall establish a pri-
ority scoring system that assigns priority scores 
to each application and only approve applica-
tions that exceed a specified minimum, as de-
termined by the Secretary. 
‘‘(B) FEASIBILITY.—In approving a grant 
application, the Secretary shall determine the 
technical and economic feasibility of the project 
based on a feasibility study of the project de-
scribed in the application conducted by an inde-
pendent third party. 
‘‘(C) SCORING
SYSTEM.—In determining 
the priority scoring system, the Secretary shall 
consider— 
‘‘(i) the potential market for the ad-
vanced biofuel and the byproducts pro-
duced; 
‘‘(ii) the level of financial participation 
by the applicant, including support from 
non-Federal and private sources; 
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‘‘(iii) whether the applicant is pro-
posing to use a feedstock not previously 
used in the production of advanced 
biofuels; 
‘‘(iv) whether the applicant is pro-
posing to work with producer associations 
or cooperatives; 
‘‘(v) whether the applicant has estab-
lished that the adoption of the process pro-
posed in the application will have a positive 
impact on resource conservation, public 
health, and the environment; 
‘‘(vi) the potential for rural economic 
development; 
‘‘(vii) whether the area in which the 
applicant proposes to locate the biorefinery 
has other similar facilities; 
‘‘(viii) whether the project can be rep-
licated; and 
‘‘(ix) scalability for commercial use. 
‘‘(3) COST SHARING.— 
‘‘(A) LIMITS.—The amount of a grant 
awarded for development and construction of a 
biorefinery under subsection (c)(1) shall not ex-
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ceed an amount equal to 30 percent of the cost 
of the project. 
‘‘(B) FORM OF GRANTEE SHARE.— 
‘‘(i) IN GENERAL.—The grantee share 
of the cost of a project may be made in the 
form of cash or material. 
‘‘(ii) LIMITATION.—The amount of 
the grantee share that is made in the form 
of material shall not exceed 15 percent of 
the amount of the grantee share deter-
mined under subparagraph (A). 
‘‘(e) LOAN GUARANTEES.— 
‘‘(1) SELECTION CRITERIA.— 
‘‘(A) IN
GENERAL.—In approving loan 
guarantee applications, the Secretary shall es-
tablish a priority scoring system that assigns 
priority scores to each application and only ap-
prove applications that exceed a specified min-
imum, as determined by the Secretary. 
‘‘(B) FEASIBILITY.—In approving a loan 
guarantee application, the Secretary shall deter-
mine the technical and economic feasibility of 
the project based on a feasibility study of the 
project described in the application conducted 
by an independent third party. 
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‘‘(C) SCORING
SYSTEM.—In determining 
the priority scoring system for loan guarantees 
under subsection (c)(2), the Secretary shall con-
sider— 
‘‘(i) whether the applicant has estab-
lished a market for the advanced biofuel 
and the byproducts produced; 
‘‘(ii) whether the area in which the 
applicant proposes to place the biorefinery 
has other similar facilities; 
‘‘(iii) whether the applicant is pro-
posing to use a feedstock not previously 
used in the production of advanced 
biofuels; 
‘‘(iv) whether the applicant is pro-
posing to work with producer associations 
or cooperatives; 
‘‘(v) the level of financial participation 
by the applicant, including support from 
non-Federal and private sources; 
‘‘(vi) whether the applicant has estab-
lished that the adoption of the process pro-
posed in the application will have a positive 
impact on resource conservation, public 
health, and the environment; 
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‘‘(vii) whether the applicant can estab-
lish that if adopted, the biofuels production 
technology proposed in the application will 
not have any significant negative impacts 
on existing manufacturing plants or other 
facilities that use similar feedstocks; 
‘‘(viii) the potential for rural economic 
development; 
‘‘(ix) the level of local ownership pro-
posed in the application; and 
‘‘(x) whether the project can be rep-
licated. 
‘‘(2) LIMITATIONS.— 
‘‘(A) MAXIMUM AMOUNT OF LOAN GUAR-
ANTEED.—The principal amount of a loan 
guaranteed under subsection (c)(2) may not ex-
ceed $250,000,000. 
‘‘(B) MAXIMUM
PERCENTAGE
OF
LOAN 
GUARANTEED.— 
‘‘(i) IN GENERAL.—Except as other-
wise provided in this subparagraph, a loan 
guaranteed under subsection (c)(2) shall be 
in an amount not to exceed 80 percent of 
the project costs, as determined by the 
Secretary. 
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‘‘(ii) OTHER DIRECT FEDERAL FUND-
ING.—The amount of a loan guaranteed 
for a project under subsection (c)(2) shall 
be reduced by the amount of other direct 
Federal funding that the eligible entity re-
ceives for the same project. 
‘‘(iii) AUTHORITY
TO
GUARANTEE 
THE LOAN.—The Secretary may guarantee 
up to 90 percent of the principal and inter-
est due on a loan guaranteed under sub-
section (c)(2). 
‘‘(C) LOAN GUARANTEE FUND DISTRIBU-
TION.—Of the funds made available for loan 
guarantees for a fiscal year under subsection 
(h), 50 percent of the funds shall be reserved 
for obligation during the second half of the fis-
cal year. 
‘‘(f) CONSULTATION.—In carrying out this section, 
the Secretary shall consult with the Secretary of Energy. 
‘‘(g) CONDITION ON PROVISION OF ASSISTANCE.— 
‘‘(1) IN GENERAL.—As a condition of receiving 
a grant or loan guarantee under this section, an eli-
gible entity shall ensure that all laborers and me-
chanics employed by contractors or subcontractors in 
the performance of construction work financed, in 
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whole or in part, with the grant or loan guarantee, 
as the case may be, shall be paid wages at rates not 
less than those prevailing on similar construction in 
the locality, as determined by the Secretary of Labor 
in accordance with sections 3141 through 3144, 
3146, and 3147 of title 40, United States Code. 
‘‘(2) AUTHORITY AND FUNCTIONS.—The Sec-
retary of Labor shall have, with respect to the labor 
standards described in paragraph (1), the authority 
and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (5 U.S.C. App) and section 
3145 of title 40, United States Code. 
‘‘(h) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use for the cost of loan guarantees under this 
section, to remain available until expended— 
‘‘(A) $75,000,000 for fiscal year 2009; and 
‘‘(B) $245,000,000 for fiscal year 2010. 
‘‘(2) DISCRETIONARY FUNDING.—In addition to 
any other funds made available to carry out this sec-
tion, there is authorized to be appropriated to carry 
out this section $150,000,000 for each of fiscal 
years 2009 through 2012. 
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‘‘SEC. 9004. REPOWERING ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary shall carry out a 
program to encourage biorefineries in existence on the 
date of enactment of the Food, Conservation, and Energy 
Act of 2008 to replace fossil fuels used to produce heat 
or power to operate the biorefineries by making payments 
for— 
‘‘(1) the installation of new systems that use re-
newable biomass; or 
‘‘(2) the new production of energy from renew-
able biomass. 
‘‘(b) PAYMENTS.— 
‘‘(1) IN GENERAL.—The Secretary may make 
payments under this section to any biorefinery that 
meets the requirements of this section for a period 
determined by the Secretary. 
‘‘(2) AMOUNT.—The Secretary shall determine 
the amount of payments to be made under this sec-
tion to a biorefinery after considering— 
‘‘(A) the quantity of fossil fuels a renew-
able biomass system is replacing; 
‘‘(B) the percentage reduction in fossil fuel 
used by the biorefinery that will result from the 
installation of the renewable biomass system; 
and 
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‘‘(C) the cost and cost effectiveness of the 
renewable biomass system. 
‘‘(c) ELIGIBILITY.—To be eligible to receive a pay-
ment under this section, a biorefinery shall demonstrate 
to the Secretary that the renewable biomass system of the 
biorefinery is feasible based on an independent feasibility 
study that takes into account the economic, technical and 
environmental aspects of the system. 
‘‘(d) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use to make payments under this section 
$35,000,000 for fiscal year 2009, to remain avail-
able until expended. 
‘‘(2) DISCRETIONARY FUNDING.—In addition to 
any other funds made available to carry out this sec-
tion, there is authorized to be appropriated to carry 
out this section $15,000,000 for each of fiscal years 
2009 through 2012. 
‘‘SEC. 
9005. 
BIOENERGY 
PROGRAM 
FOR 
ADVANCED 
BIOFUELS. 
‘‘(a) DEFINITION OF ELIGIBLE PRODUCER.—In this 
section, the term ‘eligible producer’ means a producer of 
advanced biofuels. 
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‘‘(b) PAYMENTS.—The Secretary shall make pay-
ments to eligible producers to support and ensure an ex-
panding production of advanced biofuels. 
‘‘(c) CONTRACTS.—To receive a payment, an eligible 
producer shall— 
‘‘(1) enter into a contract with the Secretary 
for production of advanced biofuels; and 
‘‘(2) submit to the Secretary such records as 
the Secretary may require as evidence of the produc-
tion of advanced biofuels. 
‘‘(d) BASIS FOR PAYMENTS.—The Secretary shall 
make payments under this section to eligible producers 
based on— 
‘‘(1) the quantity and duration of production by 
the eligible producer of an advanced biofuel; 
‘‘(2) the net nonrenewable energy content of the 
advanced biofuel, if sufficient data is available, as 
determined by the Secretary; and 
‘‘(3) other appropriate factors, as determined 
by the Secretary. 
‘‘(e) EQUITABLE
DISTRIBUTION.—The Secretary 
may limit the amount of payments that may be received 
by a single eligible producer under this section in order 
to distribute the total amount of funding available in an 
equitable manner. 
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‘‘(f) OTHER REQUIREMENTS.—To receive a payment 
under this section, an eligible producer shall meet any 
other requirements of Federal and State law (including 
regulations) applicable to the production of advanced 
biofuels. 
‘‘(g) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use to carry out this section, to remain avail-
able until expended— 
‘‘(A) $55,000,000 for fiscal year 2009; 
‘‘(B) $55,000,000 for fiscal year 2010; 
‘‘(C) $85,000,000 for fiscal year 2011; and 
‘‘(D) $105,000,000 for fiscal year 2012. 
‘‘(2) DISCRETIONARY FUNDING.—In addition to 
any other funds made available to carry out this sec-
tion, there is authorized to be appropriated to carry 
out this section $25,000,000 for each of fiscal years 
2009 through 2012. 
‘‘(3) LIMITATION.—Of the funds provided for 
each fiscal year, not more than 5 percent of the 
funds shall be made available to eligible producers 
for production at facilities with a total refining ca-
pacity exceeding 150,000,000 gallons per year. 
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‘‘SEC. 9006. BIODIESEL FUEL EDUCATION PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall, under 
such terms and conditions as the Secretary determines to 
be appropriate, make competitive grants to eligible entities 
to educate governmental and private entities that operate 
vehicle fleets, other interested entities (as determined by 
the Secretary), and the public about the benefits of bio-
diesel fuel use. 
‘‘(b) ELIGIBLE ENTITIES.—To receive a grant under 
subsection (b), an entity shall— 
‘‘(1) be a nonprofit organization or institution 
of higher education; 
‘‘(2) have demonstrated knowledge of biodiesel 
fuel production, use, or distribution; and 
‘‘(3) have demonstrated the ability to conduct 
educational and technical support programs. 
‘‘(c) CONSULTATION.—In carrying out this section, 
the Secretary shall consult with the Secretary of Energy. 
‘‘(d) FUNDING.—Of the funds of the Commodity 
Credit Corporation, the Secretary shall use to carry out 
this section $1,000,000 for each of fiscal years 2008 
through 2012. 
‘‘SEC. 9007. RURAL ENERGY FOR AMERICA PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with the Secretary of Energy, shall establish a Rural 
Energy for America Program to promote energy efficiency 
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and renewable energy development for agricultural pro-
ducers and rural small businesses through— 
‘‘(1) grants for energy audits and renewable en-
ergy development assistance; and 
‘‘(2) financial assistance for energy efficiency 
improvements and renewable energy systems. 
‘‘(b) ENERGY AUDITS
AND RENEWABLE ENERGY 
DEVELOPMENT ASSISTANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
competitive grants to eligible entities to provide as-
sistance to agricultural producers and rural small 
businesses— 
‘‘(A) to become more energy efficient; and 
‘‘(B) to use renewable energy technologies 
and resources. 
‘‘(2) ELIGIBLE
ENTITIES.—An eligible entity 
under this subsection is— 
‘‘(A) a unit of State, tribal, or local gov-
ernment; 
‘‘(B) a land-grant college or university or 
other institution of higher education; 
‘‘(C) a rural electric cooperative or public 
power entity; and 
‘‘(D) any other similar entity, as deter-
mined by the Secretary. 
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‘‘(3) SELECTION CRITERIA.—In reviewing appli-
cations of eligible entities to receive grants under 
paragraph (1), the Secretary shall consider— 
‘‘(A) the ability and expertise of the eligi-
ble entity in providing professional energy au-
dits and renewable energy assessments; 
‘‘(B) the geographic scope of the program 
proposed by the eligible entity in relation to the 
identified need; 
‘‘(C) the number of agricultural producers 
and rural small businesses to be assisted by the 
program; 
‘‘(D) the potential of the proposed pro-
gram to produce energy savings and environ-
mental benefits; 
‘‘(E) the plan of the eligible entity for per-
forming outreach and providing information 
and assistance to agricultural producers and 
rural small businesses on the benefits of energy 
efficiency and renewable energy development; 
and 
‘‘(F) the ability of the eligible entity to le-
verage other sources of funding. 
‘‘(4) USE OF GRANT FUNDS.—A recipient of a 
grant under paragraph (1) shall use the grant funds 
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‘‘(1) IN GENERAL.—In addition to any similar 
authority, the Secretary shall provide loan guaran-
tees and grants to agricultural producers and rural 
small businesses— 
‘‘(A) to purchase renewable energy sys-
tems, including systems that may be used to 
produce and sell electricity; and 
‘‘(B) to make energy efficiency improve-
ments. 
‘‘(2) AWARD CONSIDERATIONS.—In determining 
the amount of a loan guarantee or grant provided 
under this section, the Secretary shall take into con-
sideration, as applicable— 
‘‘(A) the type of renewable energy system 
to be purchased; 
‘‘(B) the estimated quantity of energy to 
be generated by the renewable energy system; 
‘‘(C) the expected environmental benefits 
of the renewable energy system; 
‘‘(D) the quantity of energy savings ex-
pected to be derived from the activity, as dem-
onstrated by an energy audit; 
‘‘(E) the estimated period of time for the 
energy savings generated by the activity to 
equal the cost of the activity; 
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‘‘(F) the expected energy efficiency of the 
renewable energy system; and 
‘‘(G) other appropriate factors. 
‘‘(3) FEASIBILITY STUDIES.— 
‘‘(A) IN
GENERAL.—The Secretary may 
provide assistance in the form of grants to an 
agricultural producer or rural small business to 
conduct a feasibility study for a project for 
which assistance may be provided under this 
subsection. 
‘‘(B) LIMITATION.—The Secretary shall 
use not more than 10 percent of the funds 
made available to carry out this subsection to 
provide assistance described in subparagraph 
(A). 
‘‘(C) AVOIDANCE OF DUPLICATIVE ASSIST-
ANCE.—An entity shall be ineligible to receive 
assistance to carry out a feasibility study for a 
project under this paragraph if the entity has 
received other Federal or State assistance for a 
feasibility study for the project. 
‘‘(4) LIMITS.— 
‘‘(A) GRANTS.—The amount of a grant 
under this subsection shall not exceed 25 per-
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cent of the cost of the activity carried out using 
funds from the grant. 
‘‘(B) MAXIMUM AMOUNT OF LOAN GUAR-
ANTEES.—The amount of a loan guaranteed 
under 
this 
subsection 
shall 
not 
exceed 
$25,000,000. 
‘‘(C) MAXIMUM
AMOUNT
OF
COMBINED 
GRANT AND LOAN GUARANTEE.—The combined 
amount of a grant and loan guaranteed under 
this subsection shall not exceed 75 percent of 
the cost of the activity funded under this sub-
section. 
‘‘(d) OUTREACH.—The Secretary shall ensure, to the 
maximum extent practicable, that adequate outreach relat-
ing to this section is being conducted at the State and 
local levels. 
‘‘(e) LOWER-COST ACTIVITIES.— 
‘‘(1) LIMITATION ON USE OF FUNDS.—Except 
as provided in paragraph (2), the Secretary shall use 
not less than 20 percent of the funds made available 
under subsection (g) to provide grants of $20,000 or 
less. 
‘‘(2) EXCEPTION.—Effective beginning on June 
30 of each fiscal year, paragraph (1) shall not apply 
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to funds made available under subsection (g) for the 
fiscal year. 
‘‘(f) REPORT.—Not later than 4 years after the date 
of enactment of the Food, Conservation, and Energy Act 
of 2008, the Secretary shall submit to Congress a report 
on the implementation of this section, including the out-
comes achieved by projects funded under this section. 
‘‘(g) FUNDING.— 
‘‘(1) MANDATORY FUNDING.—Of the funds of 
the Commodity Credit Corporation, the Secretary 
shall use to carry out this section, to remain avail-
able until expended— 
‘‘(A) $55,000,000 for fiscal year 2009; 
‘‘(B) $60,000,000 for fiscal year 2010; 
‘‘(C) $70,000,000 for fiscal year 2011; and 
‘‘(D) $70,000,000 for fiscal year 2012. 
‘‘(2) AUDIT
AND
TECHNICAL
ASSISTANCE 
FUNDING.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), of the funds made available for each 
fiscal year under paragraph (1), 4 percent shall 
be available to carry out subsection (b). 
‘‘(B) OTHER
USE.—Funds not obligated 
under subparagraph (A) by April 1 of each fis-
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cal year to carry out subsection (b) shall be-
come available to carry out subsection (c). 
‘‘(3) DISCRETIONARY FUNDING.—In addition to 
any other funds made available to carry out this sec-
tion, there is authorized to be appropriated to carry 
out this section $25,000,000 for each of fiscal years 
2009 through 2012. 
‘‘SEC. 9008. BIOMASS RESEARCH AND DEVELOPMENT. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) BIOBASED PRODUCT.—The term ‘biobased 
product’ means— 
‘‘(A) an industrial product (including 
chemicals, materials, and polymers) produced 
from biomass; or 
‘‘(B) a commercial or industrial product 
(including animal feed and electric power) de-
rived in connection with the conversion of bio-
mass to fuel. 
‘‘(2) DEMONSTRATION.—The term ‘demonstra-
tion’ means demonstration of technology in a pilot 
plant or semi-works scale facility, including a plant 
or facility located on a farm. 
‘‘(3) INITIATIVE.—The term ‘Initiative’ means 
the Biomass Research and Development Initiative 
established under subsection (e). 
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‘‘(b) COOPERATION AND COORDINATION IN BIOMASS 
RESEARCH AND DEVELOPMENT.— 
‘‘(1) IN
GENERAL.—The Secretary of Agri-
culture and the Secretary of Energy shall coordinate 
policies and procedures that promote research and 
development regarding the production of biofuels 
and biobased products. 
‘‘(2) POINTS OF CONTACT.—To coordinate re-
search and development programs and activities re-
lating to biofuels and biobased products that are 
carried out by their respective departments— 
‘‘(A) the Secretary of Agriculture shall 
designate, as the point of contact for the De-
partment of Agriculture, an officer of the De-
partment of Agriculture appointed by the Presi-
dent to a position in the Department before the 
date of the designation, by and with the advice 
and consent of the Senate; and 
‘‘(B) the Secretary of Energy shall des-
ignate, as the point of contact for the Depart-
ment of Energy, an officer of the Department 
of Energy appointed by the President to a posi-
tion in the Department before the date of the 
designation, by and with the advice and consent 
of the Senate. 
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