12 2 STA T . 1 309PUBLIC LA W 110 – 23 4—M A Y 22 , 200 8‘ ‘ (A)CRITE RI A.— ‘‘( i ) ING ENERA L .— Notla t er t h a n90d a ys a f ter the date of the ena c t m ent of the F ood , Conser v ation, and E ner g yActof 2 00 8 and e x ce p t as provided in cla u se (ii), the S ecretary, in consultation w ith the Administrator and representatives from small and large b usinesses, academia, other Federal agencies, and such other persons as the Secretary considers appropriate, shall issue criteria (as of the date of enact - ment of that Act) for determining which products may q ualify to receive the label under paragraph ( 1 ). ‘‘(ii) E XC E P TI O N.—Clause (i) shall not apply to final criteria that have been issued (as of the date of enact- ment of that Act) by the Secretary. ‘‘( B ) R E QU IRE M ENT S .—Criteria issued under subpara- graph (A) shall— ‘‘(i) encourage the purchase of products with the maximum biobased content
‘‘(ii) provide that the Secretary may designate as biobased for the purposes of the voluntary program established under this subsection finished products that contain significant portions of biobased materials or components; and ‘‘(iii) to the maximum extent practicable, be con- sistent with the guidelines issued under subsection (a)( 3 ). ‘‘(3) U SEO F LA B EL.— T he Secretary shall ensure that the label referred to in paragraph (1) is used only on products that meet the criteria issued pursuant to paragraph (2). ‘‘(c) RECOGNITION.—The Secretary shall— ‘‘(1) establish a program to recogni z e Federal agencies and private entities that use a substantial amount of biobased prod- ucts; and ‘‘(2) encourage Federal agencies to establish incentives pro- grams to recognize Federal employees or contractors that ma k e exceptional contributions to the expanded use of biobased prod- ucts. ‘‘(d) L IMITATION.—Nothing in this section shall apply to the procurement of motor vehicle fuels, heating oil, or electricity. ‘‘(e) INCLUSION.—Effective beginning on the date that is 90 days after the date of enactment of the Food, Conservation, and Energy Act of 2008, the Architect of the Capitol, the Sergeant at Arms of the Senate, and the Chief Administrative O fficer of the H ouse of Representatives shall consider the biobased product designations made under this section in making procurement decisions for the Capitol Complex. ‘‘(f) NATIONAL TESTING CENTER REGISTR Y .—The Secretary shall establish a national registry of testing centers for biobased products that will serve biobased product manufacturers. ‘‘(g) REPORTS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of the Food, Conservation, and Energy Act of 2008 and each year thereafter, the Secretary shall submit to Congress a report on the implementation of this section. ‘‘(2) CONTENTS.—The report shall include— ‘‘(A) a comprehensive management plan that estab- lishes tasks, milestones, and timelines, organizational roles Establi s hmen t . E f fe c ti v e d ate. D eadline.
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