
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 7USC7624]

 
                          TITLE 7--AGRICULTURE
 
   CHAPTER 103--AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION REFORM
 
   SUBCHAPTER II--NEW AGRICULTURAL RESEARCH, EXTENSION, AND EDUCATION 
                               INITIATIVES
 
Sec. 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.

(Pub. L. 105-185, title IV, Sec. 404, June 23, 1998, 112 Stat. 570.)

                       References in Text

    The Stevenson-Wydler Technology Innovation Act of 1980, referred to 
in subsec. (f)(1)(B), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311, 
as amended, which is classified generally to chapter 63 (Sec. 3701 et 
seq.) of Title 15, Commerce and Trade. For complete classification of 
this Act to the Code, see Short Title note set out under section 3701 of 
Title 15 and Tables.


                    Biomass Research and Development

    Pub. L. 106-224, title III, June 20, 2000, 114 Stat. 428, provided 
that:
``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) Advisory committee.--The term `Advisory Committee' means 
    the Biomass Research and Development Technical Advisory Committee 
    established by section 306.
        ``(2) Biobased industrial product.--The term `biobased 
    industrial product' means fuels, chemicals, building materials, or 
    electric power or heat produced from biomass.
        ``(3) Biomass.--The term `biomass' means any organic matter that 
    is available on a renewable or recurring basis, including 
    agricultural crops and trees, wood and wood wastes and residues, 
    plants (including aquatic plants), grasses, residues, fibers, and 
    animal wastes, municipal wastes, and other waste materials.
        ``(4) Board.--The term `Board' means the Biomass Research and 
    Development Board established by section 305.
        ``(5) Initiative.--The term `Initiative' means the Biomass 
    Research and Development Initiative established under section 307.
        ``(6) Institution of higher education.--The term `institution of 
    higher education' has the meaning given the term in section 102(a) 
    of the Higher Education Act of 1965 (20 U.S.C. 1002(a)).
        ``(7) National laboratory.--The term `national laboratory' has 
    the meaning given the term `laboratory' in section 12(d) of the 
    Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
    3710a(d)).
        ``(8) Point of contact.--The term `point of contact' means a 
    point of contact designated under section 304(d).
        ``(9) Processing.--The term `processing' means the derivation of 
    biobased industrial products from biomass, including--
            ``(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) Research and development.--The term `research and 
    development' means research, development, and demonstration.
``SEC. 304. COOPERATION AND COORDINATION IN BIOMASS RESEARCH AND 
        DEVELOPMENT.
    ``(a) In General.--The Secretary of Agriculture and the Secretary of 
Energy shall cooperate with respect to, and coordinate, policies and 
procedures that promote research and development leading to the 
production of biobased industrial products.
    ``(b) Purposes.--The purposes of the cooperation and coordination 
shall be--
        ``(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) Areas.--In carrying out this title, the Secretary of 
Agriculture and the Secretary of Energy, in consultation with heads of 
appropriate departments and agencies, shall promote research and 
development--
        ``(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) Points of Contact.--
        ``(1) In general.--To coordinate research and development 
    programs and activities relating to biobased industrial products 
    that are carried out by their respective Departments--
            ``(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) Duties.--The points of contact shall jointly--
            ``(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) Establishment.--There is established the Biomass Research and 
Development Board, which shall supersede the Interagency Council on 
Biobased Products and Bioenergy established by Executive Order No. 13134 
[set out below], to coordinate programs within and among departments and 
agencies of the Federal Government for the purpose of promoting the use 
of biobased industrial products by--
        ``(1) maximizing the benefits deriving from Federal grants and 
    assistance; and
        ``(2) bringing coherence to Federal strategic planning.
    ``(b) Membership.--The Board shall consist of--
        ``(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) Duties.--The Board shall--
        ``(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) Funding.--Each agency represented on the Board is encouraged 
to provide funds for any purpose under this title.
    ``(e) Meetings.--The Board shall meet at least quarterly to enable 
the Board to carry out the duties of the Board under subsection (c).
``SEC. 306. BIOMASS RESEARCH AND DEVELOPMENT TECHNICAL ADVISORY 
        COMMITTEE.
    ``(a) Establishment.--There is established the Biomass Research and 
Development Technical Advisory Committee, which shall supersede the 
Advisory Committee on Biobased Products and Bioenergy established by 
Executive Order No. 13134 [set out below]--
        ``(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) Membership.--
        ``(1) In general.--The Advisory Committee shall consist of--
            ``(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) Appointment.--The members of the Advisory Committee shall 
    be appointed by the points of contact.
    ``(c) Duties.--The Advisory Committee shall--
        ``(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) Coordination.--To avoid duplication of effort, the Advisory 
Committee shall coordinate its activities with those of other Federal 
advisory committees working in related areas.
    ``(e) Meetings.--The Advisory Committee shall meet at least 
quarterly to enable the Advisory Committee to carry out the duties of 
the Advisory Committee under subsection (c).
    ``(f) Terms.--Members of the Advisory Committee shall be appointed 
for a term of 3 years, except that--
        ``(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) In General.--The Secretary of Agriculture and the Secretary of 
Energy, acting through their respective points of contact and in 
consultation with the Board, shall establish and carry out a Biomass 
Research and Development Initiative under which competitively awarded 
grants, contracts, and financial assistance are provided to, or entered 
into with, eligible entities to carry out research on biobased 
industrial products.
    ``(b) Purposes.--The purposes of grants, contracts, and assistance 
under this section shall be--
        ``(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) Eligible Entities.--
        ``(1) In general.--To be eligible for a grant, contract, or 
    assistance under this section, 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 two or more entities described in 
        subparagraphs (A) through (F).
        ``(2) Administration.--After consultation with the Board, the 
    points of contact shall--
            ``(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) Uses of Grants, Contracts, and Assistance.--A grant, contract, 
or assistance under this section may be used to conduct--
        ``(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) Technology and Information Transfer to Agricultural Users.--
        ``(1) In general.--The Administrator of the Cooperative State 
    Research, Education, and Extension Service and the Chief of the 
    Natural Resources Conservation Service shall ensure that applicable 
    research results and technologies from the Initiative are adapted, 
    made available, and disseminated through their respective services, 
    as appropriate.
        ``(2) Report.--Not later than 5 years after the date of the 
    enactment of this Act [June 20, 2000], the Administrator of the 
    Cooperative State Research, Education, and Extension Service and the 
    Chief of the Natural Resources Conservation Service shall submit to 
    the committees of Congress with jurisdiction over the Initiative a 
    report on the activities conducted by the services under this 
    subsection.
    ``(f) Authorization of Appropriations.--In addition to funds 
appropriated for biomass research and development under the general 
authority of the Secretary of Energy to conduct research and development 
programs (which may also be used to carry out this title), there are 
authorized to be appropriated to the Department of Agriculture to carry 
out this title $49,000,000 for each of fiscal years 2000 through 2005.
``SEC. 308. ADMINISTRATIVE SUPPORT AND FUNDS.
    ``(a) In General.--To the extent administrative support and funds 
are not provided by other agencies under subsection (b), the Secretary 
of Energy and the Secretary of Agriculture may provide such 
administrative support and funds of the Department of Energy and the 
Department of Agriculture to the Board and the Advisory Committee as are 
necessary to enable the Board and the Advisory Committee to carry out 
their duties under this title.
    ``(b) Other Agencies.--The heads of the agencies referred to in 
section 305(b)(3), and the other members appointed under section 
305(b)(4), may, and are encouraged to, provide administrative support 
and funds of their respective agencies to the Board and the Advisory 
Committee.
    ``(c) Limitation.--Not more than 4 percent of the amount 
appropriated for each fiscal year under section 307(f) may be used to 
pay the administrative costs of carrying out this title.
``SEC. 309. REPORTS.
    ``(a) Initial Report.--Not later than 180 days after the date of the 
enactment of this Act [June 20, 2000], the Secretary of Energy and the 
Secretary of Agriculture shall jointly submit to Congress a report 
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 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) Annual Reports.--For each fiscal year for which funds are made 
available to carry out this title, the Secretary of Energy and the 
Secretary of Agriculture shall jointly submit to Congress a detailed 
report on--
        ``(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:
    Section 1. Policy. Current biobased product and bioenergy technology 
has the potential to make renewable farm and forestry resources major 
sources of affordable electricity, fuel, chemicals, pharmaceuticals, and 
other materials. Technical advances in these areas can create an 
expanding array of exciting new business and employment opportunities 
for farmers, foresters, ranchers, and other businesses in rural America. 
These technologies can create new markets for farm and forest waste 
products, new economic opportunities for underused land, and new value-
added business opportunities. They also have the potential to reduce our 
Nation's dependence on foreign oil, improve air quality, water quality, 
and flood control, decrease erosion, and help minimize net production of 
greenhouse gases. It is the policy of this Administration, therefore, to 
develop a comprehensive national strategy, including research, 
development, and private sector incentives, to stimulate the creation 
and early adoption of technologies needed to make biobased products and 
bioenergy cost-competitive in large national and international markets.
    Sec. 2. Establishment of the Interagency Council on Biobased 
Products and Bioenergy. (a) There is established the Interagency Council 
on Biobased Products and Bioenergy (the ``Council''). The Council shall 
be composed of the Secretaries of Agriculture, Commerce, Energy, and the 
Interior, the Administrator of the Environmental Protection Agency, the 
Director of the Office of Management and Budget, the Assistant to the 
President for Science and Technology, the Director of the National 
Science Foundation, the Federal Environmental Executive, and the heads 
of other relevant agencies as may be determined by the Co-Chairs of the 
Council. Members may serve on the Council through designees. Designees 
shall be senior officials who report directly to the agency head 
(Assistant Secretary or equivalent).
    (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.
    Sec. 3. Establishment of Advisory Committee on Biobased Products and 
Bioenergy. (a) The Secretary of Energy shall establish an ``Advisory 
Committee on Biobased Products and Bioenergy'' (``Committee''), under 
the Federal Advisory Committee Act, as amended (5 U.S.C. App.), to 
provide information and advice for consideration by the Council. The 
Secretary of Energy shall, in consultation with other members of the 
Council, appoint up to 20 members of the advisory committee representing 
stakeholders including representatives from the farm, forestry, chemical 
manufacturing and other businesses, energy companies, electric 
utilities, environmental organizations, conservation organizations, the 
university research community, and other critical sectors. The Secretary 
of Energy shall designate Co-Chairs from among the members of the 
Committee.
    (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.
    Sec. 4. Administration of the Advisory Committee. (a) To the extent 
permitted by law and subject to the availability of appropriations, the 
Department of Energy shall serve as the secretariat for, and provide the 
financial and administrative support to, the Committee.
    (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.
    Sec. 5. Duties of the Departments of Agriculture and Energy. The 
Secretaries of the Departments of Agriculture and Energy, to the extent 
permitted by law and subject to the availability of appropriations, 
shall each establish a working group on biobased products and biobased 
activities in their respective Departments. Consistent with the Federal 
biobased products and bioenergy strategic plans described in sections 
2(c) and (d) of this order, the working groups shall:
        (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.
    Sec. 6. Establishment of a National Biobased Products and Bioenergy 
Coordination Office. Within 120 days of this order, the Secretaries of 
Agriculture and Energy shall establish a joint National Biobased 
Products and Bioenergy Coordination Office (``Office'') to ensure 
effective day-to-day coordination of actions designed to implement the 
strategic plans and guidance provided by the Council and respond to 
recommendations made by the Committee. All agencies represented on the 
Council, or that have capabilities and missions related to the work of 
the Council, shall be invited to participate in the operation of the 
Office. The Office shall:
    (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.
    Sec. 7. Definitions. For the purposes of this order: (a) The term 
``biomass'' means any organic matter that is available on a renewable or 
recurring basis (excluding old-growth timber), including dedicated 
energy crops and trees, agricultural food and feed crop residues, 
aquatic plants, wood and wood residues, animal wastes, and other waste 
materials.
    (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.
    Sec. 8. Judicial Review. This order does not create any enforceable 
rights against the Unites States, its agencies, its officers, or any 
person.
                                                     William J. Clinton.
