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

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

(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.