[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2654 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 2654
To amend the Farm Security and Rural Investment Act of 2002 to improve
the biobased markets program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 1, 2025
Ms. Slotkin (for herself, Ms. Ernst, Mr. Ricketts, and Ms. Klobuchar)
introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Farm Security and Rural Investment Act of 2002 to improve
the biobased markets program, and for other purposes.
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 ``Biomanufacturing and Jobs Act of
2025''.
SEC. 2. FINDINGS; PURPOSES.
(a) Findings.--Congress finds that--
(1) biobased products provide additional markets for farm
commodities, reducing the reliance of the United States on
petroleum and increasing the use of renewable agricultural
resources while driving rural economic development and growth;
(2) United States farmers produce feedstock used to produce
a variety of biobased products, including personal care
products, industrial paints solvents, construction materials,
and apparels and textiles;
(3) the BioPreferred Program of the Department of
Agriculture is designed to increase the purchase and use of
biobased products through a mandatory Federal purchasing
initiative and a voluntary labeling initiative, thereby
supporting additional markets for agricultural commodities and
rural economic development;
(4) according to the Department of Agriculture, there are
approximately 15,000 biobased products participating in the
BioPreferred Program, with approximately 2,600 biobased
products authorized to display the ``USDA Certified Biobased
Product'' label under the voluntary labeling initiative;
(5) there were 3,940,000 people employed in the United
States biobased products industry in 2021;
(6) the value-added contribution of the biobased products
industry to the economy grew even through the COVID-19
pandemic, from $470,000,000,000 in 2017 to $489,000,000,000 in
2021; and
(7) each job in the biobased products industry supports an
estimated 1.4 jobs in other sectors of the economy.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the value that biobased products bring to
agriculture in the United States;
(2) to support domestic manufacturing of biobased products
made from agricultural commodities, including corn and
soybeans;
(3) to expand the role of the Department of Agriculture in
the promotion of biobased products;
(4) to build on procurement programs administered by the
Department of Agriculture to increase Federal purchasing of
biobased products;
(5) to strengthen domestic manufacturing of biobased
products; and
(6) to make a national commitment to the rural and
agricultural economies of the United States.
SEC. 3. DEFINITIONS.
Section 9001 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 8101) is amended--
(1) by redesignating paragraphs (4) through (6), (7)
through (12), and (13) through (17) as paragraphs (7) through
(9), (11) through (16), and (18) through (22), respectively;
(2) by inserting after paragraph (3) the following:
``(4) Bio-attributed plastic.--The term `bio-attributed
plastic' means a plastic product that is a bioproduct and not a
biobased product.
``(5) Bio-attributed product.--
``(A) In general.--The term `bio-attributed
product' means a product that is determined by the
Secretary to be a commercial or industrial product
(other than food or feed) that is produced from or
composed of (in whole or in part) biological products,
including a material or compound subsequently used to
make a more complex compound or product.
``(B) Biological product.--For purposes of
subparagraph (A), the term `biological product'
includes a product that contains, in whole or in part,
renewable agricultural material, a plant-based product,
animal-derived material, or forestry material.
``(6) Biobased plastic.--The term `biobased plastic' means
a plastic product that is a biobased product.'';
(3) by inserting after paragraph (9) (as so redesignated)
the following:
``(10) Bioproduct.--The term `bioproduct' means--
``(A) a biobased product; or
``(B) a bio-attributed product.''; and
(4) by inserting after paragraph (16) (as so redesignated)
the following:
``(17) Plant-based product.--The term `plant-based product'
means a product (other than food or feed) that--
``(A) is composed, in whole or in significant part,
of materials produced by plants or other organisms
through photosynthesis; and
``(B) is a biobased product.''.
SEC. 4. 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.''.
SEC. 5. BIOBASED TASK FORCE.
Title IX of the Farm Security and Rural Investment Act of 2002 is
amended by inserting after section 9003 (7 U.S.C. 8103) the following:
``SEC. 9004. BIOBASED TASK FORCE.
``(a) Establishment.--The Secretary shall establish a task force
(referred to in this section as the `task force')--
``(1) to coordinate programs and activities within the
Department of Agriculture relating to the research,
development, promotion, marketing, and analysis of biobased
products, including to support the use of agricultural
commodities and forest products in biobased products;
``(2) to maximize the resources allocated towards the
research, development, promotion, marketing, and analysis of
biobased products by the Department of Agriculture;
``(3) to determine the effectiveness of the programs and
activities described in paragraph (1); and
``(4) to make recommendations for improvements to those
programs and activities.
``(b) Membership.--The task force shall be composed of not less
than 1 representative from each of the following mission areas or
offices of the Department of Agriculture:
``(1) The rural development mission area.
``(2) The National Institute of Food and Agriculture.
``(3) The Economic Research Service.
``(4) The Agricultural Research Service.
``(5) The National Agricultural Statistics Service.
``(6) The Office of the Chief Scientist.
``(7) The Office of the Chief Economist.
``(8) The Office of Energy Policy and New Uses.
``(9) Any other mission area or office with
responsibilities relating to the research, development,
promotion, marketing, or analysis of biobased products.
``(c) Lead Mission Area.--The rural development mission area of the
Department of Agriculture shall be the lead mission area for the task
force.
``(d) Process for Public Input.--The task force shall establish a
process for public input to help inform the determination of the task
force under subsection (a)(3) of the effectiveness of the programs and
activities described in subsection (a)(1).
``(e) Study and Report.--
``(1) In general.--The task force shall conduct a study
that--
``(A) identifies any existing programs and
activities of the Department of Agriculture that may
offer new opportunities to advance the research,
development, promotion, marketing, and analysis of
biobased products; and
``(B) describes those new opportunities and how
those programs and activities may be used to advance
and support the research, development, promotion,
marketing, and analysis of biobased products.
``(2) Report.--Not later than 3 years after the date of
enactment of the Biomanufacturing and Jobs Act of 2025, the
task force 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
describes--
``(A) a summary of the work conducted by the task
force;
``(B) the findings of the study conducted under
paragraph (1); and
``(C) recommendations for improvements to the
programs and activities described in subsection (a)(1)
and identified under paragraph (1)(A).
``(f) Termination.--The task force shall terminate on the date that
is 4 years after the date of enactment of the Biomanufacturing and Jobs
Act of 2025.
``(g) Nonapplicability.--Chapter 10 of title 5, United States Code,
shall not apply to the task force.''.
SEC. 6. BIOPRODUCT LABELING.
(a) In General.--Title IX of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8101 et seq.) is amended by inserting after
section 9008 the following:
``SEC. 9009. BIOPRODUCTS.
``(a) Definition of Covered Term.--In this section, the term
`covered term' means each of the following terms:
``(1) Bio-attributed plastic.
``(2) Bio-attributed product.
``(3) Biobased plastic.
``(4) Biobased product.
``(5) Intermediate ingredient or feedstock.
``(6) Plant-based product.
``(7) Renewable biomass.
``(8) Renewable chemical.
``(b) Alternate Definitions.--For purposes of only this section,
the Secretary, in consultation with the Administrator, may, for any
covered term, adopt an alternative definition to the definition given
the term under this title.
``(c) Prohibition.--It shall be unlawful to sell or label a product
using a covered term that does not meet, as applicable--
``(1) the definition of that term under this title; or
``(2) the alternate definition adopted by the Secretary for
that covered term under subsection (b).
``(d) Confidentiality.--For purposes of enforcing subsection (c),
except as directed by the Secretary or the Attorney General, no
officer, employee, or agent of the United States shall make available
to the public any information, statistic, or document obtained from, or
made available by, any person under this title other than in a manner
that ensures that confidentiality is preserved regarding--
``(1) the identity of all relevant persons (including
parties to a contract); and
``(2) proprietary business information.''.
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