[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2819 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2819

     To create an initiative for research and development into the 
        utilization of biomass for fuel and industrial products.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 1999

   Mr. Udall of Colorado (for himself, Mr. Boehlert, and Mr. Minge) 
 introduced the following bill; which was referred to the Committee on 
Science, and in addition to the Committee on Agriculture, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
     To create an initiative for research and development into the 
        utilization of biomass for fuel and industrial products.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Biomass Research and Development Act 
of 1999''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) several prominent studies, including studies by the 
        President's Council of Advisors on Science and Technology and 
        the National Research Council, support the potential for large 
        research-driven advances in technologies for production of 
        biobased products;
            (2) if an appropriate research and development effort is 
        undertaken, conversion of biomass into biobased products can 
        lead to enhanced national security, healthier rural economies, 
        improved environmental quality, near-zero net greenhouse gas 
        emissions, technology export, and sustainable resource supply;
            (3) additional research and development can help determine 
        whether biomass feedstocks suitable for industrial processing 
        show potential for sustainable production, improved soil 
        fertility, and carbon sequestration;
            (4) basic research to understand important mechanisms of 
        biomass conversion processes 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; and
            (5) it is appropriate for the Federal Government to provide 
        precommercial investment in basic and applied research in the 
        biomass processing area.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Advisory Committee'' means the Biomass 
        Research and Development Technical Advisory Committee 
        established under section 6;
            (2) the term ``biobased product'' means any fuel or 
        chemical product derived from biomass;
            (3) the term ``bioenergy'' means biomass used in the 
        production of energy (including electricity, liquid, solid, and 
        gaseous fuels, and heat);
            (4) the term ``biomass'' means--
                    (A) any organic material from a plant which is 
                planted exclusively for purpose of being used to 
                produce a biobased product; or
                    (B) any solid, nonhazardous, cellulosic waste 
                material which is segregated from other waste materials 
                and which is derived from--
                            (i) any of the following forest-related 
                        resources: mill residues, precommercial 
                        thinnings, slash, and brush, but not including 
                        old-growth timber;
                            (ii) animal waste;
                            (iii) urban sources, including waste 
                        pallets, crates, and dunnage, manufacturing and 
                        construction wood wastes, and landscape or 
                        right-of-way tree trimmings, but not including 
                        unsegregated municipal solid waste (garbage) or 
                        paper that is commonly recycled; or
                            (iv) agriculture sources, including orchard 
                        tree crops, vineyard, grain, legumes, sugar, 
                        and other crop byproducts or residues;
            (5) the term ``Board'' means the Biomass Research and 
        Development Board established under section 5;
            (6) the term ``Initiative'' means the Biomass Research and 
        Development Initiative established under section 7;
            (7) the term ``institution of higher education'' has the 
        meaning given that term in section 1201(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1141(a));
            (8) the term ``national laboratory'' has the meaning given 
        the term ``laboratory'' in section 12(d)(2) of the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a(d)(2)); and
            (9) the term ``point of contact'' means a point of contact 
        designated under section 4(c).

SEC. 4. COOPERATION AND COORDINATION IN BIOMASS RESEARCH AND 
              DEVELOPMENT.

    (a) In General.--The Secretary of Energy and the Secretary of 
Agriculture shall coordinate policies and procedures that promote 
research, development, and demonstration on the production of biobased 
products.
    (b) Areas.--In carrying out this Act, the Secretary of Energy and 
the Secretary of Agriculture shall promote research, development, and 
demonstration to--
            (1) ensure full consideration of potential feedstock 
        resources for energy-efficient, economically competitive, and 
        environmentally sound biobased products; and
            (2) assess the environmental, economic, and social impact 
        of production of biobased products from biomass on a large 
        scale.
    (c) Points of Contact.--
            (1) In general.--To coordinate research, development, and 
        demonstration programs and activities relating to biobased 
        products that are carried out by their respective Departments--
                    (A) the Secretary of Energy shall designate, as the 
                point of contact for the Department of Energy, a high-
                level officer of the Department of Energy; and
                    (B) the Secretary of Agriculture shall designate, 
                as the point of contact for the Department of 
                Agriculture, a high-level officer of the Department of 
                Agriculture.
            (2) Duties.--The points of contact shall jointly--
                    (A) assist in arranging interlaboratory, 
                interagency, and site-specific supplemental agreements 
                for research, development, and demonstration projects 
                relating to biobased products;
                    (B) administer the Initiative; and
                    (C) respond in writing to each recommendation of 
                the Advisory Committee made under section 6.

SEC. 5. BIOMASS RESEARCH AND DEVELOPMENT BOARD.

    (a) Establishment.--The Secretary of Energy and the Secretary of 
Agriculture shall jointly establish the Biomass Research and 
Development Board to coordinate programs within and among departments 
and agencies of the Federal Government for the purpose of promoting the 
use of biobased products by--
            (1) maximizing the benefits deriving from Federal grants, 
        research and development agreements, and other assistance; and
            (2) bringing coherence to Federal planning.
    (b) Membership.--The Board shall consist of--
            (1) the point of contact of the Department of Energy 
        designated under section 4(c), who shall serve as chairperson 
        of the Board;
            (2) the point of contact of the Department of Agriculture 
        designated under section 4(c), who shall serve as vice-
        chairperson of the Board;
            (3) a senior officer, appointed by the head of the agency, 
        who has a rank that is equivalent to the points of contact, 
        of--
                    (A) the Office of Science and Technology Policy;
                    (B) the National Science Foundation;
                    (C) the Environmental Protection Agency; and
                    (D) the Department of the Interior; and
            (4) at the option of the Secretary of Energy and the 
        Secretary of Agriculture, other members appointed jointly by 
        those Secretaries (after consultation with members described in 
        paragraphs (1) through (3)).
    (c) Duties.--The Board shall--
            (1) coordinate research, development, and demonstration 
        activities relating to biobased products--
                    (A) between the Department of Energy and the 
                Department of Agriculture; and
                    (B) with other departments and agencies of the 
                Federal Government; and
            (2) provide recommendations to the points of contact 
        concerning administration of this Act.
    (d) Meetings.--The Board shall meet at least quarterly.

SEC. 6. BIOMASS RESEARCH AND DEVELOPMENT TECHNICAL ADVISORY COMMITTEE.

    (a) Establishment.--The Secretary of Energy and the Secretary of 
Agriculture shall jointly establish the Biomass Research and 
Development Technical Advisory Committee to--
            (1) advise the Secretary of Energy and the Secretary of 
        Agriculture concerning--
                    (A) the technical focus and direction of requests 
                for proposals issued under the Initiative; and
                    (B) procedures for reviewing the proposals;
            (2) facilitate consultations and partnerships among Federal 
        agencies, the research community, agricultural and forestry 
        producers, industry, consumers, and other interested groups to 
        carry out program activities relating to the Initiative; and
            (3) evaluate and perform strategic planning on program 
        activities relating to the Initiative.
    (b) Membership.--The Secretary of Energy and the Secretary of 
Agriculture shall jointly appoint to the Advisory Committee no more 
than 15 members, and shall include the following representation:
            (1) Individuals with scientific and engineering expertise 
        in biobased products.
            (2) Individuals affiliated with environmental or 
        conservation organizations.
            (3) Individuals affiliated with commodity trade 
        associations.
            (4) Individuals affiliated with the biobased products 
        industry.
            (5) Individuals with expertise in energy analysis.
            (6) Individuals with expertise in the economics of biobased 
        products.
            (7) Individuals with expertise in agricultural economics.
            (8) Individuals with expertise relevant to the 
        commercialization of industrial products.
    (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 appropriated for the Initiative are 
                distributed and used in a manner that is consistent 
                with the purposes described in section 7(b);
                    (B) the points of contact are funding proposals 
                under this Act that are selected on a competitive, 
                peer-reviewed basis as determined by an independent 
                panel of scientific and technical peers; and
                    (C) activities under this Act are carried out in 
                accordance with this Act.
    (d) Coordination.--The Advisory Committee shall coordinate its 
activities with other Federal advisory committees working in related 
areas to avoid duplication of effort.
    (e) Meetings.--The Advisory Committee shall meet at least 
quarterly.
    (f) Federal Advisory Committee Act.--The Advisory Committee shall 
not be subject to section 14 of the Federal Advisory Committee Act.

SEC. 7. BIOMASS RESEARCH AND DEVELOPMENT INITIATIVE.

    (a) In General.--The Secretary of Energy and the Secretary of 
Agriculture, 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 other financial assistance are provided to, or 
entered into with, eligible entities to carry out research, 
development, and demonstration with respect to biobased products.
    (b) Purposes.--The purposes of grants, contracts, and other 
financial assistance under this section shall be to--
            (1) stimulate collaborative activities by a diverse range 
        of experts in all aspects of biomass production and processing 
        for the purpose of conducting basic and applied research, 
        development, and demonstration with respect to biobased 
        products;
            (2) enhance creative and imaginative approaches toward 
        biomass processing that will serve to develop the next 
        generation of advanced technologies making possible low-cost 
        biobased products;
            (3) 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) promote integrated research partnerships among 
        institutions of higher education, national laboratories, 
        Federal research agencies, State research agencies, and the 
        private sector as the best means of overcoming technical 
        challenges that span multiple academic disciplines and 
        leveraging scarce Federal research funds.
    (c) Eligible Entities.--
            (1) In general.--To be eligible for a grant, contract, or 
        other financial 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 2 or more entities described in 
                subparagraphs (A) through (F).
            (2) Unfair competition protection.--Before awarding a 
        grant, contract, or other financial assistance under this 
        section, a Federal agency shall issue regulations establishing 
        procedures to ensure that no class of applicants has an unfair 
        advantage in competition for the award.
            (3) Administration.--After consultation with the Board, the 
        points of contact shall--
                    (A) publish annually a joint request for proposals 
                for grants, contracts, and other financial assistance 
                under this section;
                    (B) provide a preference in grants, contracts, and 
                other financial assistance under this section to 
                consortia involving experts from multiple institutions 
                and multiple academic disciplines working on cross-
                cutting or integrative research, development, and 
                demonstration challenges; and
                    (C) require that grants, contracts, and other 
                financial assistance under this section be awarded 
                competitively after the establishment of procedures 
                that provide for scientific peer review by an 
                independent panel of scientific and technical peers.
    (d) Uses of Grants, Contracts, and Assistance.--A grant, contract, 
or other financial assistance under this section shall be used to 
conduct--
            (1) research and development in technologies or processes 
        determined by the Advisory Committee to be consistent with the 
        purposes described in subsection (b);
            (2) research into the sustainability and long-term 
        environmental impacts of the technologies or processes;
            (3) research into the economic viability (including the 
        cost, net energy use, and comparative energy use) of the 
        technologies or processes; or
            (4) pilot projects of processes and technologies that lead 
        to a better understanding of the energy or environmental 
        impacts or performance characteristics of a biobased product.
Grants, contracts, and other financial assistance shall not be provided 
under this section for a demonstration project unless at least an equal 
amount of funding is obtained for such project from non-Federal 
sources.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act $49,000,000 for each of the fiscal 
years 2000 through 2005.

SEC. 8. 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 shall provide such administrative support and funds of the 
Department of Energy to the Board and the Advisory Committee as are 
necessary to enable the Board and the Advisory Committee to carry out 
this Act.
    (b) Other Agencies.--The Secretary of Agriculture and the heads of 
the agencies referred to in section 5(b)(3) may, and are encouraged to, 
provide administrative support and funds of their respective agencies 
to the Board and the Advisory Committee.

SEC. 9. REPORTS.

    (a) Initial Report.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Energy and the Secretary of 
Agriculture shall jointly transmit a report to Congress 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 product 
        research, development, and demonstration efforts in both the 
        Federal Government and the private sector;
            (3) includes a section prepared by the Board that 
        establishes a set of criteria to assess the potential of 
        biobased products, which shall include for both biomass 
        production and transformation into biobased products an energy 
        accounting, an environmental impact assessment, and 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 that funds are made 
available to carry out this Act, the Secretary of Energy and the 
Secretary of Agriculture shall jointly transmit 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 7(b);
                    (B) uses the set of criteria established under 
                subsection (a)(3) of this section; and
                    (C) takes into account any recommendations that 
                have been made by the Advisory Committee;
            (2) the general status of cooperation and research, 
        development, and demonstration efforts carried out at each 
        agency with respect to biobased products, including a report 
        from the Advisory Committee on whether the points of contact 
        are funding proposals that are selected as required by section 
        7(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.
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