§7624. Biobased products
(a) "Biobased product" defined
In this section, the term "biobased product" means a product suitable for food or nonfood use that is derived in whole or in part from renewable agricultural and forestry materials.
(b) Coordination of biobased product activities
The Secretary of Agriculture shall-
(1) coordinate the research, technical expertise, economic information, and market information resources and activities of the Department to develop, commercialize, and promote the use of biobased products;
(2) solicit input from private sector persons who produce, or are interested in producing, biobased products;
(3) provide a centralized contact point for advice and technical assistance for promising and innovative biobased products; and
(4) submit an annual report to Congress describing the coordinated research, marketing, and commercialization activities of the Department relating to biobased products.
(c) Cooperative agreements for biobased products
(1) Agreements authorized
The Secretary may enter into cooperative agreements with private entities described in subsection (d) of this section, under which the facilities and technical expertise of the Agricultural Research Service may be made available to operate pilot plants and other large-scale preparation facilities for the purpose of bringing technologies necessary for the development and commercialization of new biobased products to the point of practical application.
(2) Description of cooperative activities
Cooperative activities may include-
(A) research on potential environmental impacts of a biobased product;
(B) methods to reduce the cost of manufacturing a biobased product; and
(C) other appropriate research.
(d) Eligible partners
The following entities shall be eligible to enter into a cooperative agreement under subsection (c) of this section:
(1) A party that has entered into a cooperative research and development agreement with the Secretary under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a).
(2) A recipient of funding from the Alternative Agricultural Research and Commercialization Corporation established under section 5902 of this title.
(3) A recipient of funding from the Biotechnology Research and Development Corporation.
(4) A recipient of funding from the Secretary under a Small Business Innovation Research Program established under section 638 of title 15.
(e) Pilot project
The Secretary, acting through the Agricultural Research Service, may establish and carry out a pilot project under which grants are provided, on a competitive basis, to scientists of the Agricultural Research Service to-
(1) encourage innovative and collaborative science; and
(2) during each of fiscal years 1999 through 2001, develop biobased products with promising commercial potential.
(f) Source of funds
(1) In general
Except as provided in paragraph (2), to carry out this section, the Secretary may use-
(A) funds appropriated to carry out this section; and
(B) funds otherwise available for cooperative research and development agreements under the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).
(2) Exception
The Secretary may not use funds referred to in paragraph (1)(B) to carry out subsection (e) of this section.
(g) Sale of developed products
For the purpose of determining the market potential for new biobased products produced at a pilot plant or other large-scale preparation facility under a cooperative agreement under this section, the Secretary shall authorize the private partner or partners to the agreement to sell the products.
(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 1999 through 2002.
(
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (f)(1)(B), is
Biomass Research and Development
"SEC. 301. SHORT TITLE.
"This title may be cited as the 'Biomass Research and Development Act of 2000'.
"SEC. 302. FINDINGS.
"Congress finds that-
"(1) conversion of biomass into biobased industrial products offers outstanding potential for benefit to the national interest through-
"(A) improved strategic security and balance of payments;
"(B) healthier rural economies;
"(C) improved environmental quality;
"(D) near-zero net greenhouse gas emissions;
"(E) technology export; and
"(F) sustainable resource supply;
"(2) the key technical challenges to be overcome in order for biobased industrial products to be cost-competitive are finding new technology and reducing the cost of technology for converting biomass into desired biobased industrial products;
"(3) biobased fuels, such as ethanol, have the clear potential to be sustainable, low cost, and high performance fuels that are compatible with both current and future transportation systems and provide near-zero net greenhouse gas emissions;
"(4) biobased chemicals have the clear potential for environmentally benign product life cycles;
"(5) biobased power can-
"(A) provide environmental benefits;
"(B) promote rural economic development; and
"(C) diversify energy resource options;
"(6) many biomass feedstocks suitable for industrial processing show the clear potential for sustainable production, in some cases resulting in improved soil fertility and carbon sequestration;
"(7)(A) grain processing mills are biorefineries that produce a diversity of useful food, chemical, feed, and fuel products; and
"(B) technologies that result in further diversification of the range of value-added biobased industrial products can meet a key need for the grain processing industry;
"(8)(A) cellulosic feedstocks are attractive because of their low cost and widespread availability; and
"(B) research resulting in cost-effective technology to overcome the recalcitrance of cellulosic biomass would allow biorefineries to produce fuels and bulk chemicals on a very large scale, with a commensurately large realization of the benefit described in paragraph (1);
"(9) research into the fundamentals to understand important mechanisms of biomass conversion can be expected to accelerate the application and advancement 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;
"(10) the added utility of biobased industrial products developed through improvements in processing technology would encourage the design of feedstocks that would meet future needs more effectively;
"(11) the creation of value-added biobased industrial products would create new jobs in construction, manufacturing, and distribution, as well as new higher-valued exports of products and technology;
"(12)(A) because of the relatively short-term time horizon characteristic of private sector investments, and because many benefits of biomass processing are in the national interest, it is appropriate for the Federal Government to provide precommercial investment in fundamental research and research-driven innovation in the biomass processing area; and
"(B) such an investment would provide a valuable complement to ongoing and past governmental support in the biomass processing area; and
"(13) several prominent studies, including studies by the President's Committee of Advisors on Science and Technology and the National Research Council-
"(A) support the potential for large research-driven advances in technologies for production of biobased industrial products as well as associated benefits; and
"(B) document the need for a focused, integrated, and innovation-driven research effort to provide the appropriate progress in a timely manner.
"SEC. 303. DEFINITIONS.
"In this title:
"(1)
"(2)
"(3)
"(4)
"(5)
"(6)
"(7)
"(8)
"(9)
"(A) feedstock production;
"(B) harvest and handling;
"(C) pretreatment or thermochemical processing;
"(D) fermentation;
"(E) catalytic processing;
"(F) product recovery; and
"(G) coproduct production.
"(10)
"SEC. 304. COOPERATION AND COORDINATION IN BIOMASS RESEARCH AND DEVELOPMENT.
"(a)
"(b)
"(1) to understand the key mechanisms underlying the recalcitrance of biomass for conversion into biobased industrial products;
"(2) to develop new and cost-effective technologies that would result in large-scale commercial production of low cost and sustainable biobased industrial products;
"(3) to ensure that biobased industrial products are developed in a manner that enhances their economic, energy security, and environmental benefits; and
"(4) to promote the development and use of agricultural and energy crops for conversion into biobased industrial products.
"(c)
"(1) to advance the availability and widespread use of energy efficient, economically competitive, and environmentally sound biobased industrial products in a manner that is consistent with the goals of the United States relating to sustainable and secure supplies of food, chemicals, and fuel;
"(2) to ensure full consideration of Federal land and land management programs as potential feedstock resources for biobased industrial products; and
"(3) to assess the environmental, economic, and social impact of production of biobased industrial products from biomass on a large scale.
"(d)
"(1)
"(A) the Secretary of Agriculture shall designate, as the point of contact for the Department of Agriculture, an officer of the Department of Agriculture appointed by the President 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 designate, as the point of contact for the Department of Energy, an officer of the Department of Energy appointed by the President to a position in the Department before the date of the designation, by and with the advice and consent of the Senate.
"(2)
"(A) assist in arranging interlaboratory and site-specific supplemental agreements for research and development projects relating to biobased industrial products;
"(B) serve as cochairpersons of the Board;
"(C) administer the Initiative; and
"(D) respond in writing to each recommendation of the Advisory Committee made under section 306(c).
"SEC. 305. BIOMASS RESEARCH AND DEVELOPMENT BOARD.
"(a)
"(1) maximizing the benefits deriving from Federal grants and assistance; and
"(2) bringing coherence to Federal strategic planning.
"(b)
"(1) the point of contact of the Department of Energy designated under section 304(d)(1)(B), who shall serve as cochairperson of the Board;
"(2) the point of contact of the Department of Agriculture designated under section 304(d)(1)(A), who shall serve as cochairperson of the Board;
"(3) a senior officer of each of the Department of the Interior, the Environmental Protection Agency, the National Science Foundation, and the Office of Science and Technology Policy, each of whom shall-
"(A) be appointed by the head of the respective agency; and
"(B) have a rank that is equivalent to the rank of the points of contact; and
"(4) at the option of the Secretary of Agriculture and the Secretary of Energy, other members appointed by the Secretaries (after consultation with the members described in paragraphs (1) through (3)).
"(c)
"(1) coordinate research and development activities relating to biobased industrial products-
"(A) between the Department of Agriculture and the Department of Energy; and
"(B) with other departments and agencies of the Federal Government; and
"(2) provide recommendations to the points of contact concerning administration of this title.
"(d)
"(e)
"SEC. 306. BIOMASS RESEARCH AND DEVELOPMENT TECHNICAL ADVISORY COMMITTEE.
"(a)
"(1) to advise the Secretary of Energy, the Secretary of Agriculture, and the points of contact concerning-
"(A) the technical focus and direction of requests for proposals issued under the Initiative; and
"(B) procedures for reviewing and evaluating the proposals;
"(2) to facilitate consultations and partnerships among Federal and State agencies, agricultural producers, industry, consumers, the research community, and other interested groups to carry out program activities relating to the Initiative; and
"(3) to evaluate and perform strategic planning on program activities relating to the Initiative.
"(b)
"(1)
"(A) an individual affiliated with the biobased industrial products industry;
"(B) an individual affiliated with an institution of higher education who has expertise in biobased industrial products;
"(C) two prominent engineers or scientists from government or academia who have expertise in biobased industrial products;
"(D) an individual affiliated with a commodity trade association;
"(E) an individual affiliated with an environmental or conservation organization;
"(F) an individual associated with State government who has expertise in biobased industrial products;
"(G) an individual with expertise in energy analysis;
"(H) an individual with expertise in the economics of biobased industrial products;
"(I) an individual with expertise in agricultural economics; and
"(J) at the option of the points of contact, other members.
"(2)
"(c)
"(1) advise the points of contact with respect to the Initiative; and
"(2) evaluate whether, and make recommendations in writing to the Board to ensure that-
"(A) funds authorized for the Initiative are distributed and used in a manner that is consistent with the goals of the Initiative;
"(B) the points of contact are funding proposals under this title that are selected on the basis of merit, as determined by an independent panel of scientific and technical peers; and
"(C) activities under this title are carried out in accordance with this title.
"(d)
"(e)
"(f)
"(1) one-third of the members initially appointed shall be appointed for a term of 1 year; and
"(2) one-third of the members initially appointed shall be appointed for a term of 2 years.
"SEC. 307. BIOMASS RESEARCH AND DEVELOPMENT INITIATIVE.
"(a)
"(b)
"(1) to stimulate collaborative activities by a diverse range of experts in all aspects of biomass processing for the purpose of conducting fundamental and innovation-targeted research and technology development;
"(2) to enhance creative and imaginative approaches toward biomass processing that will serve to develop the next generation of advanced technologies making possible low cost and sustainable biobased industrial products;
"(3) to 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) to promote integrated research partnerships among colleges, universities, national laboratories, Federal and State research agencies, and the private sector as the best means of overcoming technical challenges that span multiple research and engineering disciplines and of gaining better leverage from limited Federal research funds.
"(c)
"(1)
"(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 two or more entities described in subparagraphs (A) through (F).
"(2)
"(A) publish annually one or more joint requests for proposals for grants, contracts, and assistance under this section;
"(B) establish a priority in grants, contracts, and assistance under this section for research that-
"(i) demonstrates potential for significant advances in biomass processing;
"(ii) demonstrates potential to substantially further scale-sensitive national objectives such as-
"(I) sustainable resource supply;
"(II) reduced greenhouse gas emissions;
"(III) healthier rural economies; and
"(IV) improved strategic security and trade balances; and
"(iii) would improve knowledge of important biomass processing systems that demonstrate potential for commercial applications;
"(C) require that grants, contracts, and assistance under this section be awarded competitively, on the basis of merit, after the establishment of procedures that provide for scientific peer review by an independent panel of scientific and technical peers; and
"(D) give preference to applications that-
"(i) involve a consortia of experts from multiple institutions; and
"(ii) encourage the integration of disciplines and application of the best technical resources.
"(d)
"(1) research on process technology for overcoming the recalcitrance of biomass, including research on key mechanisms, advanced technologies, and demonstration test beds for-
"(A) feedstock pretreatment and hydrolysis of cellulose and hemicellulose, including new technologies for-
"(i) enhanced sugar yields;
"(ii) lower overall chemical use;
"(iii) less costly materials; and
"(iv) cost reduction;
"(B) development of novel organisms and other approaches to substantially lower the cost of cellulase enzymes and enzymatic hydrolysis, including dedicated cellulase production and consolidated bioprocessing strategies; and
"(C) approaches other than enzymatic hydrolysis for overcoming the recalcitrance of cellulosic biomass;
"(2) research on technologies for diversifying the range of products that can be efficiently and cost-competitively produced from biomass, including research on-
"(A) metabolic engineering of biological systems (including the safe use of genetically modified crops) to produce novel products, especially commodity products, or to increase product selectivity and tolerance, with a research priority for the development of biobased industrial products that can compete in performance and cost with fossil-based products;
"(B) catalytic processing to convert intermediates of biomass processing into products of interest;
"(C) separation technologies for cost-effective product recovery and purification;
"(D) approaches other than metabolic engineering and catalytic conversion of intermediates of biomass processing;
"(E) advanced biomass gasification technologies, including coproduction of power and heat as an integrated component of biomass processing, with the possibility of generating excess electricity for sale; and
"(F) related research in advanced turbine and stationary fuel cell technology for production of electricity from biomass; and
"(3) research aimed at ensuring the environmental performance and economic viability of biobased industrial products and their raw material input of biomass when considered as an integrated system, including research on-
"(A) the analysis of, and strategies to enhance, the environmental performance and sustainability of biobased industrial products, including research on-
"(i) accurate measurement and analysis of greenhouse gas emissions, carbon sequestration, and carbon cycling in relation to the life cycle of biobased industrial products and feedstocks with respect to other alternatives;
"(ii) evaluation of current and future biomass resource availability;
"(iii) development and analysis of land management practices and alternative biomass cropping systems that ensure the environmental performance and sustainability of biomass production and harvesting;
"(iv) the land, air, water, and biodiversity impacts of large-scale biomass production, processing, and use of biobased industrial products relative to other alternatives; and
"(v) biomass gasification and combustion to produce electricity;
"(B) the analysis of, and strategies to enhance, the economic viability of biobased industrial products, including research on-
"(i) the cost of the required process technology;
"(ii) the impact of coproducts, including food, animal feed, and fiber, on biobased industrial product price and large-scale economic viability; and
"(iii) interactions between an emergent biomass refining industry and the petrochemical refining infrastructure; and
"(C) the field and laboratory research related to feedstock production with the interrelated goals of enhancing the sustainability, increasing productivity, and decreasing the cost of biomass processing, including research on-
"(i) altering biomass to make biomass easier and less expensive to process;
"(ii) existing and new agricultural and energy crops that provide a sustainable resource for conversion to biobased industrial products while simultaneously serving as a source for coproducts such as food, animal feed, and fiber;
"(iii) improved technologies for harvest, collection, transport, storage, and handling of crop and residue feedstocks; and
"(iv) development of economically viable cropping systems that improve the conservation and restoration of marginal land; or
"(4) any research and development in technologies or processes determined by the Secretary of Agriculture and the Secretary of Energy, acting through their respective points of contact and in consultation with the Board, to be consistent with the purposes described in subsection (b) and the priority described in subsection (c)(2)(B).
"(e)
"(1)
"(2)
"(f)
"SEC. 308. ADMINISTRATIVE SUPPORT AND FUNDS.
"(a)
"(b)
"(c)
"SEC. 309. REPORTS.
"(a)
"(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 industrial product research and development efforts in both the Federal Government and private sector;
"(3) includes a section prepared by the Board that establishes a set of criteria to assess the potential of biobased industrial products, which shall include for both biomass production and transformation into biobased industrial products-
"(A) an energy accounting;
"(B) an environmental impact assessment; and
"(C) an economic assessment; and
"(4) describes the research and development goals of the Initiative, including how funds will be allocated in order to accomplish those goals.
"(b)
"(1) the status and progress of the Initiative, including 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 described in section 307(b);
"(B) uses the set of criteria established under subsection (a)(3); and
"(C) takes into account any recommendations that have been made by the Advisory Committee;
"(2) the general status of cooperation and research and development efforts carried out at each agency with respect to biobased industrial products, including a report from the Advisory Committee on whether the points of contact are funding proposals that are selected under section 307(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.
"SEC. 310. TERMINATION OF AUTHORITY.
"The authority provided under this title shall terminate on December 31, 2005."
Ex. Ord. No. 13134. Developing and Promoting Biobased Products and Bioenergy
Ex. Ord. No. 13134, Aug. 12, 1999, 64 F.R. 44639, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and in order to stimulate the creation and early adoption of technologies needed to make biobased products and bioenergy cost-competitive in large national and international markets, it is hereby ordered as follows:
(b) The Secretary of Agriculture and the Secretary of Energy shall serve as Co-Chairs of the Council.
(c) The Council shall prepare annually a strategic plan for the President outlining overall national goals in the development and use of biobased products and bioenergy in an environmentally sound manner and how these goals can best be achieved through Federal programs and integrated planning. The goals shall include promoting national economic growth with specific attention to rural economic interests, energy security, and environmental sustainability and protection. These strategic plans shall be compatible with the national goal of producing safe and affordable supplies of food, feed, and fiber in a way that is sustainable and protects the environment, and shall include measurable objectives. Specifically, these strategic plans shall cover the following areas:
(1) biobased products, including commercial and industrial chemicals, pharmaceuticals, products with large carbon sequestering capacity, and other materials; and
(2) biomass used in the production of energy (electricity; liquid, solid, and gaseous fuels; and heat).
(d) To ensure that the United States takes full advantage of the potential economic and environmental benefits of bioenergy, these strategic plans shall be based on analyses of: (1) the economic impacts of expanded biomass production and use; and (2) the impacts on national environmental objectives, including reducing greenhouse gas emissions. Specifically, these plans shall include:
(1) a description of priorities for research, development, demonstration, and other investments in biobased products and bioenergy;
(2) a coordinated Federal program of research, building on the research budgets of each participating agency; and
(3) proposals for using existing agency authorities to encourage the adoption and use of biobased products and bioenergy and recommended legislation for modifying these authorities or creating new authorities if needed.
(e) The first annual strategic plan shall be submitted to the President within 8 months from the date of this order.
(f) The Council shall coordinate its activities with actions called for in all relevant Executive orders and shall not be in conflict with proposals advocated by other Executive orders.
(b) Among other things, the Committee shall provide the Council with an independent assessment of:
(1) the goals established by the Federal agencies for developing and promoting biobased products and bioenergy;
(2) the balance of proposed research and development activities;
(3) the effectiveness of programs designed to encourage adoption and use of biobased products and bioenergy; and
(4) the environmental and economic consequences of biobased products and bioenergy use.
(b) The heads of agencies shall, to the extent permitted by law, provide to the Committee such information as it may reasonably require for the purpose of carrying out its functions.
(c) The Committee Co-Chairs may, from time to time, invite experts to submit information to the Committee and may form subcommittees or working groups within the Committee to review specific issues.
(1) provide strategic planning and policy advice on the Department's research, development, and commercialization of biobased products and bioenergy; and
(2) identify research activities and demonstration projects to address new opportunities in the areas of biomass production, biobased product and bioenergy production, and related fundamental research.
The chair of each Department's working group shall be a senior official who reports directly to the agency head. If the Secretary of Agriculture or Energy serves on the Interagency Council on Biobased Products and Bioenergy through a designee, the designee should be the chair of the Department's working group.
(a) serve as an executive secretariat and support the work of the Council, as determined by the Council, including the coordination of multi-agency, integrated research, development, and demonstration ("RD&D") activities;
(b) use advanced communication and computational tools to facilitate research coordination and collaborative research by participating Federal and nonfederal research facilities and to perform activities in support of RD&D on biobased product and bioenergy development, including strategic planning, program analysis and evaluation, communications networking, information and data dissemination and technology transfer, and collaborative team building for RD&D projects; and
(c) facilitate use of new information technologies for rapid dissemination of information on biobased products and bioenergy to and among farm operators; agribusiness, chemical, forest products, energy, and other business sectors; the university community; and public interest groups that could benefit from timely and reliable information.
(b) The term "biobased product," as defined in Executive Order 13101 [42 U.S.C. 6961 note], means a commercial or industrial product (other than food or feed) that utilizes biological products or renewable domestic agricultural (plant, animal, and marine) or forestry materials.
(c) The term "bioenergy" means biomass used in the production of energy (electricity; liquid, solid, and gaseous fuels; and heat).
(d) The term "old growth timber" means timber of a forest from the late successional stage of forest development. The forest contains live and dead trees of various sizes, species, composition, and age class structure. The age and structure of old growth varies significantly by forest type and from one biogeoclimatic zone to another.
William J. Clinton.