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the National Institute of Standards and Technology), shall pre-
pare, and from time to time revise, guidelines for the use
of procuring agencies in complying with the requirements of
this section. Such guidelines shall—
(A) designate those items which are or can be produced
with biobased products and whose procurement by pro-
curing agencies will carry out the objectives of this section;
(B) set forth recommended practices with respect to
the procurement of biobased products and items containing
such materials and with respect to certification by vendors
of the percentage of biobased products used; and
(C) provide information as to the availability, relative
price, performance, and environmental and public health
benefits, of such materials and items and where appro-
priate shall recommend the level of biobased material to
be contained in the procured product.
(2) CONSIDERATIONS.—In making the designation under
paragraph (1)(A), the Secretary shall, at a minimum, consider—
(A) the availability of such items; and
(B) the economic and technological feasibility of using
such items, including life cycle costs.
(3) FINAL GUIDELINES.—The Secretary shall prepare final
guidelines under this section within 180 days after the date
of enactment of this Act.
(f) OFFICE OF FEDERAL PROCUREMENT POLICY.—The Office of
Federal Procurement Policy, in cooperation with the Secretary,
shall implement the requirements of this section. It shall be the
responsibility of the Office of Federal Procurement Policy to coordi-
nate this policy with other policies for Federal procurement to
implement the requirements of this section, and, every two years
beginning in 2003, to report to the Congress on actions taken
by Federal agencies and the progress made in the implementation
of this section, including agency compliance with subsection (d).
(g) PROCUREMENT PROGRAM.—(1) Within one year after the
date of publication of applicable guidelines under subsection (e),
each Federal agency shall develop a procurement program which
will assure that items composed of biobased products will be pur-
chased to the maximum extent practicable and which is consistent
with applicable provisions of Federal procurement law.
(2) Each procurement program required under this subsection
shall, at a minimum, contain—
(A) a biobased products preference program;
(B) an agency promotion program to promote the preference
program adopted under subparagraph (A); and
(C) annual review and monitoring of the effectiveness of
an agency’s procurement program.
(3) In developing the preference program, the following options
shall be considered for adoption:
(A) CASE-BY-CASE
POLICY
DEVELOPMENT.—Subject to the
limitations of subsection (c)(2) (A) through (C), a policy of
awarding contracts to the vendor offering an item composed
of the highest percentage of biobased products practicable. Sub-
ject to such limitations, agencies may make an award to a
vendor offering items with less than the maximum biobased
products content.
(B) MINIMUM
CONTENT
STANDARDS.—Minimum biobased
products content specifications which are set in such a way
H. R. 2646—345
as to assure that the biobased products content required is
consistent with the requirements of this section, without vio-
lating the limitations of subsection (c)(2) (A) through (C).
Federal agencies shall adopt one of the options set forth in subpara-
graphs (A) and (B) or a substantially equivalent alternative, for
inclusion in the procurement program.
(h) LABELING.—
(1) IN GENERAL.—The Secretary, in consultation with the
Administrator, shall establish a voluntary program under which
the Secretary authorizes producers of biobased products to use
the label ‘‘U.S.D.A. Certified Biobased Product’’.
(2) ELIGIBILITY CRITERIA.—Within one year after the date
of enactment of this Act, the Secretary, in consultation with
the Administrator, shall issue criteria for determining which
products may qualify to receive the label under paragraph
(1). The criteria shall encourage the purchase of products with
the maximum biobased content, and should, to the maximum
extent possible, be consistent with the guidelines issued under
subsection (e).
(3) USE OF THE LABEL.—The Secretary shall ensure that
the label referred to in paragraph (1) is used only on products
that meet the criteria issued pursuant to paragraph (2).
(4) RECOGNITION.—The Secretary shall establish a vol-
untary program to recognize Federal agencies and private enti-
ties that use a substantial amount of biobased products.
(i) LIMITATION.—Nothing in this section shall apply to the
procurement of motor vehicle fuels or electricity.
(j) FUNDING.—
(1) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated such sums as may be necessary to
carry out this section.
(2) FUNDING FOR TESTING OF BIOBASED PRODUCTS.—
(A) IN
GENERAL.—Of the funds of the Commodity
Credit Corporation, the Secretary shall use $1,000,000 for
each of fiscal years 2002 through 2007 to support testing
of biobased products to carry out this section.
(B) USE OF FUNDS.—Amounts made available under
subparagraph (A) may be used to support contracts or
cooperative agreements with entities that have experience
and special skills to conduct such testing.
(C) PRIORITY.—At the discretion of the Secretary, the
Secretary may give priority to the testing of products for
which private sector firms provide cost sharing for the
testing.
SEC. 9003. BIOREFINERY DEVELOPMENT GRANTS.
(a) PURPOSE.—The purpose of this section is to assist in the
development of new and emerging technologies for the use of bio-
mass, including lignocellulosic biomass, so as to—
(1) develop transportation and other fuels, chemicals, and
energy from renewable sources;
(2) increase the energy independence of the United States;
(3) provide beneficial effects on conservation, public health,
and the environment;
(4) diversify markets for raw agricultural and forestry prod-
ucts; and
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(5) create jobs and enhance the economic development of
the rural economy.
(b) DEFINITIONS.—In this section:
(1) ADVISORY COMMITTEE.—The term ‘‘Advisory Committee’’
means the Biomass Research and Development Technical
Advisory Committee established by section 306 of the Biomass
Research and Development Act of 2000 (7 U.S.C. 7624 note;
Public Law 106–224).
(2) BIOREFINERY.—The term ‘‘biorefinery’’ means equipment
and processes that—
(A) convert biomass into fuels and chemicals; and
(B) may produce electricity.
(3) BOARD.—The term ‘‘Board’’ means the Biomass
Research and Development Board established by section 305
of the Biomass Research and Development Act of 2000 (7 U.S.C.
7624 note; Public Law 106–224).
(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(c) GRANTS.—The Secretary shall award grants to eligible enti-
ties to assist in paying the cost of development and construction
of biorefineries to carry out projects to demonstrate the commercial
viability of 1 or more processes for converting biomass to fuels
or chemicals.
(d) ELIGIBLE
ENTITIES.—An individual, corporation, farm
cooperative, association of farmers, national laboratory, institution
of higher education (as defined in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001)), State or local energy agency
or office, Indian tribe, or consortium comprised of any of those
entities shall be eligible to receive a grant under subsection (c).
(e) COMPETITIVE BASIS FOR AWARDS.—
(1) IN GENERAL.—The Secretary shall award grants under
subsection (c) on a competitive basis after consulting the Board
and Advisory Committee.
(2) SELECTION CRITERIA.—
(A) IN GENERAL.—In selecting projects to receive grants
under subsection (c), the Secretary—
(i) shall select projects based on the likelihood
that the projects will demonstrate the commercial
viability of a new and emerging process for converting
biomass into fuels, chemicals, or energy; and
(ii) may consider the likelihood that the projects
will produce electricity.
(B) FACTORS.—The factors to be considered under
subparagraph (A) may include—
(i) the potential market for the product or products;
(ii) the level of financial participation by the
applicants;
(iii) the availability of adequate funding from other
sources;
(iv) the beneficial impact on resource conservation,
public health, and the environment;
(v) the participation of producer associations and
cooperatives;
(vi) the timeframe in which the project will be
operational;
(vii) the potential for rural economic development;
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(viii) the participation of multiple eligible entities;
and
(ix) the potential for developing advanced indus-
trial biotechnology approaches.
(f) COST SHARING.—
(1) IN
GENERAL.—The amount of a grant for a project
awarded under subsection (c) shall not exceed 30 percent of
the cost of the project.
(2) FORM OF GRANTEE SHARE.—
(A) IN
GENERAL.—The grantee share of the cost of
a project may be made in the form of cash or the provision
of services, material, or other in-kind contributions.
(B) LIMITATION.—The amount of the grantee share of
the cost of a project that is made in the form of the
provision of services, material, or other in-kind contribu-
tions shall not exceed 25 percent of the amount of the
grantee share determined under paragraph (1).
(g) CONSULTATION.—In carrying out this section, the Secretary
shall consult with the Secretary of Energy.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section for each of fiscal years 2002 through 2007.
SEC. 9004. BIODIESEL FUEL EDUCATION PROGRAM.
(a) ESTABLISHMENT.—The Secretary shall, under such terms
and conditions as are 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 biodiesel fuel
use.
(b) ELIGIBLE ENTITIES.—To receive a grant under subsection
(a), an entity—
(1) shall be a nonprofit organization or institution of higher
education (as defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001));
(2) shall have demonstrated knowledge of biodiesel fuel
production, use, or distribution; and
(3) shall have demonstrated the ability to conduct edu-
cational 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 Corpora-
tion, the Secretary shall make available to carry out this section
$1,000,000 for each of fiscal years 2003 through 2007.
SEC. 9005. ENERGY AUDIT AND RENEWABLE ENERGY DEVELOPMENT
PROGRAM.
(a) IN GENERAL.—The Secretary shall make competitive grants
to eligible entities to carry out a program to assist farmers,
ranchers, and rural small businesses in becoming more energy
efficient and in using renewable energy technology and resources.
(b) ELIGIBLE ENTITIES.—Entities eligible to carry out a program
under subsection (a) are—
(1) a State energy or agricultural office;
(2) a regional or State-based energy organization or energy
organization of an Indian tribe (as defined in section 4 of
the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b));