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Referenced Laws
7 U.S.C. 8102
chapter 83
Section 1
1. Short title This Act may be cited as the Biobased Market Expansion Act of 2025.
Section 2
2. Expansion of the biobased markets program Section 9002 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8102) is amended— in subsection (a)— in paragraph (2)— in subparagraph (A)(i)— in subclause (II)(bb), by striking and at the end; in subclause (III), by striking the period at the end and inserting ; and; and by adding at the end the following: on an annual basis, update the procurement requirement established under subclause (III) by increasing the number of biobased-only contracts or the volume purchased under those contracts from the previous year. in subparagraph (B)— in clause (ii)(II), by striking or at the end; and by striking clause (iii) and inserting the following: are available only at a price that exceeds the price preference established under paragraph (3)(B)(ix) for those items; or do not meet procurement requirements under chapter 83 of title 41, United States Code (commonly known as the Buy American Act). in paragraph (3)— in subparagraph (B)— in clause (vii), by striking and at the end; by redesignating clause (viii) as clause (x); and by inserting after clause (vii) the following: promote biobased products that are produced wholly or in part in the United States; establish price preferences for biobased products; and in subparagraph (E), by striking which— in the matter preceding clause (i) and all that follows through the quantity in clause (ii) and inserting which the quantity; and in paragraph (4)— in subparagraph (A)— by striking clause (ii); by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively; and in clause (iii) (as so redesignated)— in the matter preceding subclause (I), by inserting and publish on a publicly available website after Congress; in subclause (I), by striking and at the end; in subclause (II), by striking the period at the end and inserting ; and; and by adding at the end the following: outlines any potential barriers to compliance by procuring agencies. in subparagraph (B)(i)— in each of subclauses (IV) and (V), by striking and at the end; and by adding at the end the following: if applicable, the procurement requirement established under paragraph (2)(A)(i) that the procuring agency failed to meet and reasons for the failure; and the specific categories, performance standards, and other specifications of products for which biobased products are commercially unavailable to meet the needs of the procuring agency; and by adding at the end the following: Not later than 2 years after the date of enactment of this subparagraph, each procuring agency shall ensure that contracting officers, purchase card managers, purchase card holders, and other appropriate staff have completed training on and have begun to implement biobased product purchasing. Not later than 2 years after the date of enactment of this subparagraph, the Administrator of General Services, in cooperation with the Secretary, shall update Federal catalogs and data systems for procurement and contracting to clearly delineate eligible biobased products. The Office of Federal Procurement Policy shall— annually collect, and make publicly available, the information required to be reported under subparagraph (B); and annually verify, using the information collected under subparagraph (B), that each procuring agency, as applicable, has established and is operating a procurement program in accordance with under paragraph (2)(A)(i)(I). in subsection (b)(2)(B)— in clause (ii), by striking and at the end; in clause (iii), by striking the period at the end and inserting ; and; and by adding at the end the following: encourage the purchase of biobased products that are produced wholly or in part within the United States. in subsection (j)(3)— in subparagraph (A), by striking clauses (iv) and (v) and inserting the following: the estimated economic value returned to the agricultural industry; the geographic distribution and value of biomanufacturing facilities or biorefineries producing products bearing the label described in subsection (b)(1); and in subparagraph (B), strike this subparagraph and inserting the Biobased Market Expansion Act of 2025; and by adding at the end the following: Not later than 2 years after the date of enactment of the Biobased Market Expansion Act of 2025, the Comptroller General of the United States shall submit to Congress a report that describes— an assessment of the implementation of this section, including— the compliance of procuring agencies with subsection (a)(2); the efficacy of guidelines developed under subsection (a)(3); compliance with requirements under subsection (a)(4); and the recognition programs developed under subsection (c); a review of data provided by procuring agencies to determine whether the data being collected is adequate and actionable for policymakers to make decisions regarding the implementation of this section; recommendations for additional data needed for procuring agencies to increase biobased procurement; recommendations for improvements to the biobased procurement programs of the Department of Agriculture; and opportunities to improve procurement of biobased products made in the United States. (IV) on an annual basis, update the procurement requirement established under subclause (III) by increasing the number of biobased-only contracts or the volume purchased under those contracts from the previous year.
; and (iii) are available only at a price that exceeds the price preference established under paragraph (3)(B)(ix) for those items; or
(iv)
do not meet procurement requirements under chapter 83 of title 41, United States Code (commonly known as the Buy American Act).
; (viii) promote biobased products that are produced wholly or in part in the United States;
(ix)
establish price preferences for biobased products; and
; and (III) outlines any potential barriers to compliance by procuring agencies.
; (VI) if applicable, the procurement requirement established under paragraph (2)(A)(i) that the procuring agency failed to meet and reasons for the failure; and
(VII)
the specific categories, performance standards, and other specifications of products for which biobased products are commercially unavailable to meet the needs of the procuring agency; and
; and (D) Training Not later than 2 years after the date of enactment of this subparagraph, each procuring agency shall ensure that contracting officers, purchase card managers, purchase card holders, and other appropriate staff have completed training on and have begun to implement biobased product purchasing.
(E)
Federal catalog
Not later than 2 years after the date of enactment of this subparagraph, the Administrator of General Services, in cooperation with the Secretary, shall update Federal catalogs and data systems for procurement and contracting to clearly delineate eligible biobased products.
(F)
Verification
The Office of Federal Procurement Policy shall— (i) annually collect, and make publicly available, the information required to be reported under subparagraph (B); and
(ii)
annually verify, using the information collected under subparagraph (B), that each procuring agency, as applicable, has established and is operating a procurement program in accordance with under paragraph (2)(A)(i)(I).
; (iv) encourage the purchase of biobased products that are produced wholly or in part within the United States.
; (iv)
the estimated economic value returned to the agricultural industry;
(v)
the geographic distribution and value of biomanufacturing facilities or biorefineries producing products bearing the label described in subsection (b)(1); and
; and (n) Review Not later than 2 years after the date of enactment of the Biobased Market Expansion Act of 2025, the Comptroller General of the United States shall submit to Congress a report that describes—
(1)
an assessment of the implementation of this section, including—
(A)
the compliance of procuring agencies with subsection (a)(2);
(B)
the efficacy of guidelines developed under subsection (a)(3);
(C)
compliance with requirements under subsection (a)(4); and
(D)
the recognition programs developed under subsection (c);
(2)
a review of data provided by procuring agencies to determine whether the data being collected is adequate and actionable for policymakers to make decisions regarding the implementation of this section;
(3)
recommendations for additional data needed for procuring agencies to increase biobased procurement;
(4)
recommendations for improvements to the biobased procurement programs of the Department of Agriculture; and
(5)
opportunities to improve procurement of biobased products made in the United States.
.