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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8918 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8918
To provide for the establishment of technology maturation facilities
for the bioindustrial sector, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2026
Mr. Baird (for himself and Ms. Houlahan) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Financial Services,
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 provide for the establishment of technology maturation facilities
for the bioindustrial sector, 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 ``Bioindustrial Infrastructure for
Open Scale-up, Commercialization, and Accelerated Launch Ecosystems
Act'' or the ``BIO-SCALE Act''.
SEC. 2. TECHNOLOGY MATURATION FACILITY PROGRAM.
(a) Definitions.--In this section:
(1) Bioindustrial sector.--The term ``bioindustrial
sector'' means industries involved in producing bio-based
chemicals, fuels, materials, and other products through
biological and biochemical processes.
(2) Eligible entity.--The term ``eligible entity'' means
public and private foundations and nonprofit organizations,
including institutions of higher education, that--
(A) are incorporated in the United States; and
(B) operate primarily in the United States.
(3) Facility.--The term ``facility'' means a facility
established under subsection (c).
(4) Feedstock.--The term ``feedstock'' means raw material
used as input for industrial processes to produce biofuels,
chemicals, or materials, such as agricultural byproducts,
microbial or algal biomass, synthetic biological products or
components, and waste oils.
(5) Open access.--The term ``open access'' means the use of
infrastructure, data, or research resources that are--
(A) available without licensing or intellectual
property barriers; and
(B) accessible to public and private entities on an
equitable basis.
(6) Product-agnostic.--The term ``product-agnostic'', with
respect to a facility, technology, or process means that the
facility, technology, or process can accommodate a variety of
end products without being limited to a specific output.
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Assistant Secretary for
Economic Development.
(8) Technology maturation.--The term ``technology
maturation'' means the development, testing, and scaling of
technologies to a level of readiness suitable for
commercialization or integration into industrial processes,
including activities such as prototyping, pilot-scale testing
and demonstration, and early-stage manufacturing and market
entry.
(b) Purpose.--The purpose of this section is to establish
technology maturation facilities to provide world-class capabilities,
positioning the United States as a leader in bioindustrial innovation
and enabling participation in groundbreaking projects through state-of-
the-art infrastructure.
(c) Establishment.--
(1) In general.--The Secretary shall establish not less
than 3 regional, nonprofit, open access, product-agnostic
technology maturation facilities for the bioindustrial sector
to ensure the integration of advanced and emerging capabilities
such as solid-state, gas, and continuous fermentation methods,
biomass processing equipment, and scalable commercial-grade
fermentation tanks of capacity ranging from 1,500 to over
75,000 liters.
(2) Operation.--In carrying out this section, the Secretary
shall--
(A) use a competitive process to carry out
paragraph (1) through the award of--
(i) planning grants or cooperative
agreements to eligible entities for the design,
construction, and operation of the facilities;
and
(ii) implementation grants or cooperative
agreements to eligible entities that were
awarded and completed a planning grant or
cooperative agreement under clause (i); and
(B) facilitate commercialization activities and
technology transfer in coordination with any applicable
programs of the Department of Energy and the Department
of Defense.
(d) Implementation Plan.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit to Congress a report
on plans to implement this section, including, at a minimum--
(1) finalized site selection criteria and a description of
the decisionmaking process that will be used, including a
timeline for selecting facilities;
(2) funding allocation methodologies and a description of
the decisionmaking process that was used in developing those
methodologies;
(3) design specifications for facilities, including a plan
for consulting with entities outside of the Department of
Commerce, as appropriate;
(4) an outreach strategy for soliciting proposals and
engaging key stakeholders across industry, academia, and
government, including specific goals to advance the leadership
of the United States in the biotechnological and bioindustrial
sectors;
(5) considerations for how facilities may--
(A) complement existing infrastructure of the
Department of Energy, the Department of Defense, and
other facilities;
(B) ensure increased production levels by
functioning as a connected network, including by
providing fermentation capacity that covers the full
range needed for precommercial scale-up; and
(C) build on existing initiatives to increase local
or regional job opportunities and economic growth and
competitiveness; and
(6) how the Secretary intends to coordinate with other
Federal agencies, such as the Department of Energy and the
Department of Defense, to ensure the effective usage of funds,
development of capabilities, and prioritization of
biotechnologies.
(e) Proposals and Selection.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(A) solicit proposals from eligible entities for
the design, construction, and establishment of the
facilities; and
(B) select not less than 3 facilities.
(2) Considerations.--In selecting facilities under
paragraph (1)(B), the Secretary shall--
(A) ensure that the facilities are geographically
distributed throughout the United States, with
preference given to proposals for--
(i) facilities located near major feedstock
sources; and
(ii) facilities located in areas with
established bioindustrial capabilities;
(B) give preference to proposals for--
(i) facilities in regions with a
demonstrated need for enhanced infrastructure,
especially in rural areas; and
(ii) facilities from eligible entities
already engaged in biotechnological and
bioindustrial activities.
(f) Use of Funds.--
(1) In general.--Funds provided for a facility under this
section shall be used for construction, equipment procurement,
and initial operating expenses of the facility.
(2) Deadline.--Funds provided for a facility under this
section shall be expended by--
(A) not later than 2 years after the date on which
the amounts were provided to the facility, in the case
of a facility that has existing infrastructure and
resources, as determined by the Secretary; and
(B) not later than 3 years after the date on which
the amounts were provided to the facility, in the case
of a facility that is to be constructed.
(g) Facility Goals and Activities.--A facility shall seek--
(1) to advance and promote technological innovation in
bioindustrial processes, including fermentation, biomass
processing, and downstream processing;
(2) to strengthen national security by de-risking and
accelerating the scaling up of emerging biotechnology processes
and technologies;
(3) to enhance the leadership of the United States in
biotechnology through the promotion of innovation, economic
growth, workforce development, and job creation;
(4) to establish a secure digital infrastructure for data
sharing and process analysis; and
(5) to provide unique technical capabilities to sustain the
cutting-edge position of the United States in biotechnology in
order to enhance economic growth and international
competitiveness.
(h) Oversight and Interagency Coordination and Collaboration.--In
carrying out this section, the Secretary shall--
(1) if applicable, oversee the design, construction, and
establishment of the facilities to ensure the integration of
advanced and emerging capabilities;
(2) establish partnerships with industry, institutions of
higher education, and other Federal agencies to maximize the
impact and utilization of the facilities;
(3) develop and implement policies to ensure equitable and
open access to the facilities for public and private sector
entities, with a focus on inclusion of rural communities;
(4) pursue cost-sharing and co-funding arrangements or
opportunities with private sector stakeholders to supplement
Federal funding and promote financial sustainability; and
(5) coordinate and consult with relevant stakeholders to
identify suitable locations and capabilities objectives for the
facilities, which stakeholders may include--
(A) other Federal agencies, such as the Department
of Energy, including the National Laboratories;
(B) the defense community, including the Department
of Defense and BioMADE;
(C) industry partners, including nonprofit
organizations;
(D) the agricultural community and relevant Federal
agencies, including the Department of Agriculture;
(E) the transportation sector and relevant Federal
agencies, including the Department of Transportation;
(F) Federal education and workforce development
programs, including the National Science Foundation;
(G) institutions of higher education;
(H) rural community stakeholders;
(I) State and local governments; and
(J) international bodies with relevant scientific
expertise.
(i) Intellectual Property Protections.--
(1) Federal employee contributions.--Any intellectual
property created by a Federal employee at a facility in the
performance of the duties of that employee shall be considered
to be part of the public domain.
(2) Other entities.--Any intellectual property created by
an individual at a facility who is not described in paragraph
(1) shall be protected under applicable intellectual property
laws, subject to the terms of the agreement that the individual
has entered into with the Secretary.
(3) Data sharing.--To the maximum extent practicable, the
facilities shall establish secure, interoperable digital
systems to facilitate data exchange across government,
academia, and industry.
(j) Reports.--Not less frequently than annually, the Secretary
shall submit to Congress a report that includes--
(1) a description of the progress on the construction and
operation of the facilities;
(2) metrics on facility activities, including--
(A) data on usage and participation by public and
private sector entities;
(B) a description of ongoing and completed projects
of the facilities related to scale-up and
commercialization of biotechnologies; and
(C) any additional relevant metrics, such as--
(i) workforce training and development,
including engagement with local or regional
academic institutions; and
(ii) domestic and local job creation;
(3) financial reports that detail expenditures and cost-
sharing contributions of the facilities, including access to
private capital; and
(4) a description of any obstacles encountered by the
facilities in carrying out facility activities and achieving
the goals described in subsection (g).
(k) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this section--
(A) $345,000,000 for the period of fiscal years
2026 through 2028; and
(B) $117,000,000 for the period of fiscal years
2029 through 2030.
(2) Administrative costs.--Of the amounts made available
for each fiscal year under paragraph (1), the Secretary may use
not more than 7.5 percent for the administrative and oversight
costs of implementing this section.
(l) Sunset.--
(1) In general.--Subject to paragraph (2), the authority to
establish and operate a facility under this section shall
terminate on the date that is 10 years after the date of
enactment of this Act.
(2) Continued operation.--The Secretary may allow a
facility that demonstrates successful performance to continue
to operate after the date described in paragraph (1), subject
to ongoing oversight by the Secretary.
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