I
106TH CONGRESS
1ST SESSION
H. R. 2819
To create an initiative for research and development into the utilization
of biomass for fuel and industrial products.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 8, 1999
Mr. UDALL of Colorado (for himself, Mr. BOEHLERT, and Mr. MINGE) intro-
duced the following bill; which was referred to the Committee on Science,
and in addition to the Committee on Agriculture, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of
such provisions as fall within the jurisdiction of the committee concerned
A BILL
To create an initiative for research and development into
the utilization of biomass for fuel and industrial products.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Biomass Research and
Development Act of 1999’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) several prominent studies, including studies
by the President’s Council of Advisors on Science
and Technology and the National Research Council,
support the potential for large research-driven ad-
vances in technologies for production of biobased
products;
(2) if an appropriate research and development
effort is undertaken, conversion of biomass into
biobased products can lead to enhanced national se-
curity, healthier rural economies, improved environ-
mental quality, near-zero net greenhouse gas emis-
sions, technology export, and sustainable resource
supply;
(3) additional research and development can
help determine whether biomass feedstocks suitable
for industrial processing show potential for sustain-
able production, improved soil fertility, and carbon
sequestration;
(4) basic research to understand important
mechanisms of biomass conversion processes can be
expected to accelerate the application and advance-
ment of biomass processing technology by—
(A) increasing the confidence and speed
with which new technologies can be scaled up;
and
(B) giving rise to processing innovations
based on new knowledge; and
(5) it is appropriate for the Federal Govern-
ment to provide precommercial investment in basic
and applied research in the biomass processing area.
SEC. 3. DEFINITIONS.
For purposes of this Act—
(1) the term ‘‘Advisory Committee’’ means the
Biomass Research and Development Technical Advi-
sory Committee established under section 6;
(2) the term ‘‘biobased product’’ means any
fuel or chemical product derived from biomass;
(3) the term ‘‘bioenergy’’ means biomass used
in the production of energy (including electricity, liq-
uid, solid, and gaseous fuels, and heat);
(4) the term ‘‘biomass’’ means—
(A) any organic material from a plant
which is planted exclusively for purpose of being
used to produce a biobased product; or
(B) any solid, nonhazardous, cellulosic
waste material which is segregated from other
waste materials and which is derived from—
(i) any of the following forest-related
resources: mill residues, precommercial
thinnings, slash, and brush, but not includ-
ing old-growth timber;
(ii) animal waste;
(iii) urban sources, including waste
pallets, crates, and dunnage, manufac-
turing and construction wood wastes, and
landscape or right-of-way tree trimmings,
but not including unsegregated municipal
solid waste (garbage) or paper that is com-
monly recycled; or
(iv) agriculture sources, including or-
chard tree crops, vineyard, grain, legumes,
sugar, and other crop byproducts or resi-
dues;
(5) the term ‘‘Board’’ means the Biomass Re-
search and Development Board established under
section 5;
(6) the term ‘‘Initiative’’ means the Biomass
Research and Development Initiative established
under section 7;
(7) the term ‘‘institution of higher education’’
has the meaning given that term in section 1201(a)
of the Higher Education Act of 1965 (20 U.S.C.
1141(a));
(8) the term ‘‘national laboratory’’ has the
meaning given the term ‘‘laboratory’’ in section
12(d)(2) of the Stevenson-Wydler Technology Inno-
vation Act of 1980 (15 U.S.C. 3710a(d)(2)); and
(9) the term ‘‘point of contact’’ means a point
of contact designated under section 4(c).
SEC. 4. COOPERATION AND COORDINATION IN BIOMASS
RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.—The Secretary of Energy and the
Secretary of Agriculture shall coordinate policies and pro-
cedures that promote research, development, and dem-
onstration on the production of biobased products.
(b) AREAS.—In carrying out this Act, the Secretary
of Energy and the Secretary of Agriculture shall promote
research, development, and demonstration to—
(1) ensure full consideration of potential feed-
stock resources for energy-efficient, economically
competitive, and environmentally sound biobased
products; and
(2) assess the environmental, economic, and so-
cial impact of production of biobased products from
biomass on a large scale.
(c) POINTS OF CONTACT.—
(1) IN GENERAL.—To coordinate research, de-
velopment, and demonstration programs and activi-
ties relating to biobased products that are carried
out by their respective Departments—
(A) the Secretary of Energy shall des-
ignate, as the point of contact for the Depart-
ment of Energy, a high-level officer of the De-
partment of Energy; and
(B) the Secretary of Agriculture shall des-
ignate, as the point of contact for the Depart-
ment of Agriculture, a high-level officer of the
Department of Agriculture.
(2) DUTIES.—The points of contact shall
jointly—
(A) assist in arranging interlaboratory,
interagency, 
and 
site-specific 
supplemental
agreements for research, development, and
demonstration projects relating to biobased
products;
(B) administer the Initiative; and
(C) respond in writing to each rec-
ommendation of the Advisory Committee made
under section 6.
SEC. 5. BIOMASS RESEARCH AND DEVELOPMENT BOARD.
(a) ESTABLISHMENT.—The Secretary of Energy and
the Secretary of Agriculture shall jointly establish the Bio-
mass Research and Development Board to coordinate pro-
grams within and among departments and agencies of the
Federal Government for the purpose of promoting the use
of biobased products by—
(1) maximizing the benefits deriving from Fed-
eral grants, research and development agreements,
and other assistance; and
(2) bringing coherence to Federal planning.
(b) MEMBERSHIP.—The Board shall consist of—
(1) the point of contact of the Department of
Energy designated under section 4(c), who shall
serve as chairperson of the Board;
(2) the point of contact of the Department of
Agriculture designated under section 4(c), who shall
serve as vice-chairperson of the Board;
(3) a senior officer, appointed by the head of
the agency, who has a rank that is equivalent to the
points of contact, of—
(A) the Office of Science and Technology
Policy;
(B) the National Science Foundation;
(C) the Environmental Protection Agency;
and
(D) the Department of the Interior; and
(4) at the option of the Secretary of Energy
and the Secretary of Agriculture, other members ap-
pointed jointly by those Secretaries (after consulta-
tion with members described in paragraphs (1)
through (3)).
(c) DUTIES.—The Board shall—
(1) coordinate research, development, and dem-
onstration activities relating to biobased products—
(A) between the Department of Energy
and the Department of Agriculture; and
(B) with other departments and agencies
of the Federal Government; and
(2) provide recommendations to the points of
contact concerning administration of this Act.
(d) MEETINGS.—The Board shall meet at least quar-
terly.
SEC. 6. BIOMASS RESEARCH AND DEVELOPMENT TECH-
NICAL ADVISORY COMMITTEE.
(a) ESTABLISHMENT.—The Secretary of Energy and
the Secretary of Agriculture shall jointly establish the Bio-
mass Research and Development Technical Advisory Com-
mittee to—
(1) advise the Secretary of Energy and the Sec-
retary of Agriculture concerning—
(A) the technical focus and direction of re-
quests for proposals issued under the Initiative;
and
(B) procedures for reviewing the proposals;
(2) facilitate consultations and partnerships
among Federal agencies, the research community,
agricultural and forestry producers, industry, con-
sumers, and other interested groups to carry out
program activities relating to the Initiative; and
(3) evaluate and perform strategic planning on
program activities relating to the Initiative.
(b) MEMBERSHIP.—The Secretary of Energy and the
Secretary of Agriculture shall jointly appoint to the Advi-
sory Committee no more than 15 members, and shall in-
clude the following representation:
(1) Individuals with scientific and engineering
expertise in biobased products.
(2) Individuals affiliated with environmental or
conservation organizations.
(3) Individuals affiliated with commodity trade
associations.
(4) Individuals affiliated with the biobased
products industry.
(5) Individuals with expertise in energy anal-
ysis.
(6) Individuals with expertise in the economics
of biobased products.
(7) Individuals with expertise in agricultural ec-
onomics.
(8) Individuals with expertise relevant to the
commercialization of industrial products.
(c) DUTIES.—The Advisory Committee shall—
(1) advise the points of contact with respect to
the Initiative; and
(2) evaluate whether, and make recommenda-
tions in writing to the Board to ensure that—
(A) funds appropriated for the Initiative
are distributed and used in a manner that is
consistent with the purposes described in sec-
tion 7(b);
(B) the points of contact are funding pro-
posals under this Act that are selected on a
competitive, peer-reviewed basis as determined
by an independent panel of scientific and tech-
nical peers; and
(C) activities under this Act are carried
out in accordance with this Act.
(d) COORDINATION.—The Advisory Committee shall
coordinate its activities with other Federal advisory com-
mittees working in related areas to avoid duplication of
effort.
(e) MEETINGS.—The Advisory Committee shall meet
at least quarterly.
(f) FEDERAL ADVISORY COMMITTEE ACT.—The Ad-
visory Committee shall not be subject to section 14 of the
Federal Advisory Committee Act.
SEC. 7. BIOMASS RESEARCH AND DEVELOPMENT INITIA-
TIVE.
(a) IN GENERAL.—The Secretary of Energy and the
Secretary of Agriculture, acting through their respective
points of contact and in consultation with the Board, shall
establish and carry out a Biomass Research and Develop-
ment Initiative under which competitively awarded grants,
contracts, and other financial assistance are provided to,
or entered into with, eligible entities to carry out research,
development, and demonstration with respect to biobased
products.
(b) PURPOSES.—The purposes of grants, contracts,
and other financial assistance under this section shall be
to—
(1) stimulate collaborative activities by a di-
verse range of experts in all aspects of biomass pro-
duction and processing for the purpose of conducting
basic and applied research, development, and dem-
onstration with respect to biobased products;
(2) enhance creative and imaginative ap-
proaches toward biomass processing that will serve
to develop the next generation of advanced tech-
nologies making possible low-cost biobased products;
(3) strengthen the intellectual resources of the
United States through the training and education of
future scientists, engineers, managers, and business
leaders in the field of biomass processing; and
(4) promote integrated research partnerships
among institutions of higher education, national lab-
oratories, Federal research agencies, State research
agencies, and the private sector as the best means
of overcoming technical challenges that span mul-
tiple academic disciplines and leveraging scarce Fed-
eral research funds.
(c) ELIGIBLE ENTITIES.—
(1) IN GENERAL.—To be eligible for a grant,
contract, or other financial assistance under this sec-
tion, an applicant shall be—
(A) an institution of higher education;
(B) a national laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a private sector entity;
(F) a nonprofit organization; or
(G) a consortium of 2 or more entities de-
scribed in subparagraphs (A) through (F).
(2) UNFAIR
COMPETITION
PROTECTION.—Be-
fore awarding a grant, contract, or other financial
assistance under this section, a Federal agency shall
issue regulations establishing procedures to ensure
that no class of applicants has an unfair advantage
in competition for the award.
(3) ADMINISTRATION.—After consultation with
the Board, the points of contact shall—
(A) publish annually a joint request for
proposals for grants, contracts, and other finan-
cial assistance under this section;
(B) provide a preference in grants, con-
tracts, and other financial assistance under this
section to consortia involving experts from mul-
tiple institutions and multiple academic dis-
ciplines working on cross-cutting or integrative
research, development, and demonstration chal-
lenges; and
(C) require that grants, contracts, and
other financial assistance under this section be
awarded competitively after the establishment
of procedures that provide for scientific peer re-
view by an independent panel of scientific and
technical peers.
(d) USES
OF GRANTS, CONTRACTS, AND ASSIST-
ANCE.—A grant, contract, or other financial assistance
under this section shall be used to conduct—
(1) research and development in technologies or
processes determined by the Advisory Committee to
be consistent with the purposes described in sub-
section (b);
(2) research into the sustainability and long-
term environmental impacts of the technologies or
processes;
(3) research into the economic viability (includ-
ing the cost, net energy use, and comparative energy
use) of the technologies or processes; or
(4) pilot projects of processes and technologies
that lead to a better understanding of the energy or
environmental impacts or performance characteris-
tics of a biobased product.
Grants, contracts, and other financial assistance shall not
be provided under this section for a demonstration project
unless at least an equal amount of funding is obtained
for such project from non-Federal sources.
(e) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this Act
$49,000,000 for each of the fiscal years 2000 through
2005.
SEC. 8. ADMINISTRATIVE SUPPORT AND FUNDS.
(a) IN GENERAL.—To the extent administrative sup-
port and funds are not provided by other agencies under
subsection (b), the Secretary of Energy shall provide such
administrative support and funds of the Department of
Energy to the Board and the Advisory Committee as are
necessary to enable the Board and the Advisory Com-
mittee to carry out this Act.
(b) OTHER AGENCIES.—The Secretary of Agriculture
and the heads of the agencies referred to in section 5(b)(3)
may, and are encouraged to, provide administrative sup-
port and funds of their respective agencies to the Board
and the Advisory Committee.
SEC. 9. REPORTS.
(a) INITIAL REPORT.—Not later than 6 months after
the date of enactment of this Act, the Secretary of Energy
and the Secretary of Agriculture shall jointly transmit a
report to Congress that—
(1) identifies the points of contact, the members
of the Board, and the members of the Advisory
Committee;
(2) describes the status of current biobased
product research, development, and demonstration
efforts in both the Federal Government and the pri-
vate sector;
(3) includes a section prepared by the Board
that establishes a set of criteria to assess the poten-
tial of biobased products, which shall include for
both biomass production and transformation into
biobased products an energy accounting, an environ-
mental impact assessment, and an economic assess-
ment; and
(4) describes the research and development
goals of the Initiative, including how funds will be
allocated in order to accomplish those goals.
(b) ANNUAL REPORTS.—For each fiscal year that
funds are made available to carry out this Act, the Sec-
retary of Energy and the Secretary of Agriculture shall
jointly transmit to Congress a detailed report on—
(1) the status and progress of the Initiative, in-
cluding a report from the Advisory Committee on
whether funds appropriated for the Initiative have
been distributed and used in a manner that—
(A) is consistent with the purposes de-
scribed in section 7(b);
(B) uses the set of criteria established
under subsection (a)(3) of this section; and
(C) takes into account any recommenda-
tions that have been made by the Advisory
Committee;
(2) the general status of cooperation and re-
search, development, and demonstration efforts car-
ried out at each agency with respect to biobased
products, including a report from the Advisory Com-
mittee on whether the points of contact are funding
proposals that are selected as required by section
7(c)(2)(C); and
(3) the plans of the Secretary of Energy and
the Secretary of Agriculture for addressing concerns
raised in the report, including concerns raised by the
Advisory Committee.
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