Biobased markets program

Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (A)(i)— (I) in subclause (II)(bb), by striking and at the end; (II) in subclause (III), by striking the period at the end and inserting; and; and (III) by adding at the end the following: (IV) 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 from the previous year.; (ii) in subparagraph (B), by striking clause (iii) and inserting the following: (iii) are available only at a price that exceeds the price premium established under paragraph (3)(B)(viii) for those items.; and (iii) by adding at the end the following: (G) Guidance 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.; (B) in paragraph (3)(B)— (i) in clause (vii), by striking and at the end; (ii) by redesignating clause (viii) as clause (ix); and (iii) by inserting after clause (vii) the following: (viii) establish price premiums for different types of biobased products; and; and (C) in paragraph (4)— (i) in subparagraph (A)— (I) by striking clause (ii); and (II) by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; (ii) in subparagraph (B)(i)— (I) in the matter preceding subclause (I)— (aa) by inserting and the Secretary after Policy; and (bb) by striking information concerning— and inserting a report that describes, for the year covered by the report—; (II) 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; (III) in subclause (IV), by striking and at the end; (IV) in subclause (V), by striking and at the end; and (V) by adding at the end the following: (VI) (aa) the specific categories of biobased products that are unavailable to meet the procurement needs of the procuring agency; and (bb) the desired performance standards and other relevant specifications for those products; and (VII) 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 (iii) by adding at the end the following: (D) Verification The Office of Federal Procurement Policy, in consultation with the Secretary, shall— (i) annually collect the information required to be reported under subparagraph (B) and make the information publicly available; and (ii) annually verify, using the information collected under subparagraph (B), that each procuring agency under paragraph (2)(A)(i), as applicable, has established a procurement program in accordance with subclause (I) of that paragraph. (E) Training (i) In general 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. (ii) Materials The Office of Federal Procurement Policy, in cooperation with the Secretary, shall provide training materials for procuring agencies conducting training pursuant to clause (i). (F) Federal catalog updates 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— (i) 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; (ii) direct that the System for Award Management collect biobased product purchasing data; (iii) direct that Federal online procurement systems, including GSA Advantage! and FedMall, include designations for products that meet the guidelines under paragraph (3); (iv) 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 (v) require agencies with online Federal sales platforms to include reporting of these purchases in their reporting on products that meet the guidelines under paragraph (3).; (2) in subsection (b)— (A) in paragraph (3), by adding at the end the following: (C) Unauthorized use Not later than 120 days after the date of enactment of this subparagraph, the Secretary shall, in coordination with the Inspector General of the Department of Agriculture, notify the public of how to report an instance of unauthorized use of the label described in paragraph (1).; and (B) by adding at the end the following: (5) Public marketing and education The Secretary may conduct outreach to educate the public on and promote the use of biobased products, including by— (A) conducting outreach to small businesses producing biobased products that seek a label under this subsection; (B) providing information about biobased product procurement preferences to State procurement agencies; and (C) establishing public-private partnerships to further increase awareness and use of biobased products. (6) Acceptance and use of contributions (A) In general The Secretary may establish an account to accept contributions of non-Federal funds to carry out public marketing and education under paragraph (5). (B) Deposit and use of contributions Contributions of non-Federal funds received to carry out the activities under paragraph (5) shall— (i) be deposited into the account established under this paragraph for those activities; (ii) be available to and subject to the control of the Secretary, without further appropriation and until expended, to carry out those activities; and (iii) supplement any funding made available under subsection (k) and allocated by the Secretary for those activities. (7) Report 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) a list of the biobased products that were authorized to use the label described in paragraph (1) during the preceding fiscal year; (B) 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; (C) (i) a description of the public marketing and education conducted by the Secretary under paragraph (5); and (ii) a plan for conducting public marketing and education under that paragraph for the following two fiscal years that is designed to increase the use of the label described in paragraph (1) and the purchase of biobased products; and (D) the total amount of contributions of non-Federal funds accepted into the account established under paragraph (6).; (3) 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; (4) in subsection (j)(3)— (A) in subparagraph (A)— (i) in clause (v), by striking; and and inserting, including greenhouse gas emissions reduced and avoided;; (ii) in clause (vi), by striking the period at the end and inserting; and; and (iii) by adding at the end the following: (vii) identifying available industry methodologies to establish a lifecycle greenhouse gas emissions assessment methodology for biobased products.; and (B) in subparagraph (B), by striking this subparagraph and inserting the Biomanufacturing and Jobs Act of 2025 and every 5 years thereafter; (5) in subsection (k), by striking 2023 each place it appears and inserting 2031; and (6) in subsection (l)— (A) by striking In this section and inserting the following: (1) In general In this section; and (B) by adding at the end the following: (2) Standard (A) In general To determine the contents of biobased products, the Secretary shall use— (i) the most recent version of the ASTM–D–6866 standard of ASTM International; or (ii) any alternative standard that the Secretary determines appropriate. (B) Administrative Procedure Act In carrying out subparagraph (A)(ii), the Secretary shall, to the maximum extent practicable, comply with the requirements for a Federal agency issuing a rule under chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act). (C) Stakeholder input Prior to issuing any rule or guidance pursuant to this subsection, the Secretary shall consult with stakeholders that the Secretary determines relevant, such as farmers, feedstock suppliers and handlers, and biomanufacturers, regarding the potential impact of the rule or guidance on the relevant industry..