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.; and (ii) 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 in making procurement decisions under this subsection.; (B) 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 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. (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 enactment of this subparagraph, the Office of 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 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) Regulations 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. (D) 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, make publicly available instructions on 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 (A) In general The Secretary may conduct outreach to educate the public on and promote the use of biobased products, including by— (i) conducting outreach to small businesses producing biobased products that seek a label described in paragraph (1); (ii) providing information about biobased product procurement preferences to State procurement agencies; and (iii) establishing public-private partnerships to further increase awareness and use of biobased products. (B) Acceptance and use of contributions (i) In general The Secretary may establish an account to accept contributions of non-Federal funds to carry out the outreach described in subparagraph (A). (ii) Deposit and use of contributions Contributions under clause (i) shall— (I) be deposited into the account established under that clause; (II) be available to and subject to the control of the Secretary, without further appropriation and until expended; and (III) supplement any funding made available under subsection (k) and allocated by the Secretary for the outreach described in subparagraph (A). (6) Report Not later than December 31, 2027, 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 outreach conducted under paragraph (5)(A); and (ii) a plan for conducting outreach 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 (D) the total amount of contributions of non-Federal funds accepted into the account established under paragraph (5)(B).; (3) in subsection (f), by adding at the end the following: (3) Report Not later than 90 days after the date of enactment of this paragraph, the Secretary shall 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— (A) includes the Federal statistical collections of information related to the North American Industry Classification System codes and the North American Product Classification System codes that utilize bioeconomy-specific data; (B) recommends necessary changes to the most recent North American Industry Classification System codes and the North American Product Classification System codes related to the bioeconomy in accordance with this subsection; and (C) provides an assessment of the impacts that bioeconomy-specific North American Industry Classification System codes and North American Products Classification System codes would have on the measurement by the Secretary of the economic contributions of the bioeconomy.; (4) in subsection (k)— (A) in paragraph (1), by striking 2024 and inserting 2031; and (B) in paragraph (2), by striking 2019 through 2023 and inserting 2027 through 2031; and (5) 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 To determine the contents of biobased products, the Secretary shall use— (A) the most recent version of the ASTM-D-6866 standard of the ASTM International standards; or (B) any alternative standard that the Secretary determines appropriate..