Sec. 9002. Biobased markets program
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Section 9002 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8102 ) is amended— in subsection (a)— in paragraph (2)— in subparagraph (A)(i)— in subclause (II)(bb), by striking and at the end; in subclause (III), by striking the period at the end and inserting ; and ; and by adding at the end the following: on an annual basis, update the procurement requirement described in subclause
(III)by increasing the number of biobased-only contracts or the volume purchased under those contracts by not less than 5 percent above the requirement applicable for the previous year. ; in subparagraph (B), by striking clause
(iii)and inserting the following: are available only at prices that exceed the price preferences established under paragraph (3)(B)(viii) for those items. ; and by adding at the end the following: The Secretary, in coordination with the Office of Federal Procurement Policy, shall issue guidance to procuring agencies to consider product lifespan, savings, and efficacy when making procurement decisions under this subsection. ; in paragraph (3)— in subparagraph (B)— in clause (vii), by striking and at the end; by redesignating clause
(viii)as clause (ix); and by inserting after clause
(vii)the following: establish price preferences for different types of biobased products; and ; and by adding at the end the following: The Secretary shall determine whether to increase the minimum biobased content for each designated product category by up to 5 percent by the end of the 5-year period following the date of enactment of this subparagraph and every 5 years thereafter. The Secretary shall issue regulations in accordance with section 553 of title 5, United States Code, to carry out clause
(i)and implement any increase in the minimum biobased content for a designated product category pursuant to a determination made under clause (i). ; in paragraph (4)— in subparagraph (A)— by striking clause (ii); and by redesignating clauses
(iii)and
(iv)as clauses
(ii)and (iii), respectively; in subparagraph (B)(i)— in the matter preceding subclause (I)— by inserting and the Secretary after Policy ; and by striking information concerning— and inserting a report that describes, for the year covered by the report— ; in subclause (I), by inserting , including the actions taken by the procuring agency to establish and implement the biobased procurement program of the procuring agency under that paragraph before the semicolon; in subclause (IV), by striking and at the end; in subclause (V), by striking and at the end; and by adding at the end the following: the specific categories of biobased products that are unavailable to meet the procurement needs of the procuring agency; and the desired performance standards and other relevant specifications for those products; and if applicable, the procurement requirement or updated procurement requirement established under paragraph (2)(A)(i) that the procuring agency failed to meet and reasons for the failure; and ; and by adding at the end the following: The Office of Federal Procurement Policy, in consultation with the Secretary, shall annually— collect the information required to be reported under subparagraph
(B)and make the information publicly available; and verify, using the information collected under clause (i), that each procuring agency under paragraph (2)(A)(i), as applicable, has established a procurement program in accordance with subclause
(I)of that paragraph. Not later than 2 years after the date of enactment of this subparagraph, each procuring agency shall have completed training on biobased product purchasing for the appropriate staff of the procuring agency, including contracting officers, purchase card managers, and purchase card holders. The Office of Federal Procurement Policy, in cooperation with the Secretary, shall provide training materials for procuring agencies conducting training pursuant to clause (i). Not later than 2 years after the date of the enactment of this subparagraph, the Administrator for Federal Procurement Policy, in cooperation with the Secretary, shall— direct the Administrator of General Services to update the Federal Procurement Data System described in section 1122(a)(4) of title 41, United States Code, or any successor system, to include biobased product designations; direct that the System for Award Management collect biobased product purchasing data; direct that Federal online procurement systems, including GSA Advantage! and FedMall, include designations for products that meet the guidelines under paragraph (3); require, to the maximum extent practicable, that Federal online procurement systems, including GSA Advantage! and FedMall, use North American Industry Classification System codes, North American Product Classification System-based product codes, and other product codes, as determined in consultation with the Secretary, when identifying products that meet the guidelines under paragraph (3); and require agencies with online Federal sales platforms to include reporting of those purchases in their reporting on products that meet the guidelines under paragraph (3). ; in subsection (b)— in paragraph (3), by adding at the end the following: Not later than 180 days after the date of enactment of the Rural Prosperity and Food Security Act of 2024 , the Secretary shall conduct a review of the use of the terms bio-attributed plastic , bio-attributed product , biobased plastic , biobased product , renewable chemical , and any other similar terms, to determine— how those terms are used on products with the label described in paragraph
(1)and products without that label; and the extent to which there is public confusion regarding the use of those terms. The Secretary shall promulgate such regulations as the Secretary determines to be appropriate to ensure the integrity of the label described in paragraph (1), including regulations to define additional terms necessary to avoid or reduce public confusion relating to the label. ; and by adding at the end the following: The Secretary may conduct outreach to educate the public on, and promote the use of, biobased products, including by— conducting outreach to small businesses producing biobased products that seek a label under this subsection; providing information about biobased product procurement preferences to State procurement agencies; and establishing public-private partnerships to further increase awareness and use of biobased products. The Secretary may establish an account to accept contributions of non-Federal funds to carry out public marketing and education under paragraph (5). Contributions of non-Federal funds received to carry out the activities under paragraph
(5)shall— be deposited into the account established under this paragraph for those activities; be available to, and subject to the control of, the Secretary, without further appropriation and until expended, to carry out those activities; and supplement any funding made available under subsection
(k)and allocated by the Secretary for those activities. Not later than December 31, 2025, and annually thereafter, the Secretary shall make publicly available on the website of the Department of Agriculture and submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that includes— a list of the biobased products that were authorized to use the label described in paragraph
(1)during the preceding fiscal year; a description of the audit and compliance activities conducted under paragraph (3)(B) during the preceding fiscal year, including any findings of noncompliance and any actions taken by the Secretary to address the noncompliance; a description of the public marketing and education conducted by the Secretary under paragraph (5); and a plan for conducting public marketing and education under that paragraph for the following 2 fiscal years that is designed to increase the use of the label described in paragraph
(1)and the purchase of biobased products; and the total amount of contributions of non-Federal funds accepted into the account established under paragraph (6). ; in subsection (f)(1), in the matter preceding subparagraph (A), by striking The Secretary and the Secretary of Commerce shall jointly and inserting The Secretary of Commerce, in consultation with the Secretary, shall ; in subsection (j)(3)— in subparagraph (A)— in clause (v), by striking ; and and inserting , including greenhouse gas emissions reduced and avoided; ; in clause (vi), by striking the period at the end and inserting ; and ; and by adding at the end the following: identifying available industry methodologies to establish a lifecycle greenhouse gas emissions assessment methodology for biobased products. ; and in subparagraph (B), by striking this subparagraph and inserting the ; Rural Prosperity and Food Security Act of 2024 and every 5 years thereafter in subsection (k)— in paragraph (1), by striking $3,000,000 for each of fiscal years 2014 through 2024 and inserting $10,000,000 for fiscal year 2025 and each fiscal year thereafter ; and in paragraph (2), by striking 2019 through 2023 and inserting 2025 through 2029 ; and in subsection (l)— by striking In this section and inserting the following: In this section ; and by adding at the end the following: The Secretary shall use the most recent version of the ASTM International Standard D6866 to determine the contents of biobased products. In addition to the standard described in subparagraph (A), the Secretary may, by notice and comment rulemaking under section 553 of title 5, United States Code, establish alternative standards to determine the contents of biobased products. .
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Sec. 9002
Biobased markets program
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