H.R. 8918

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8918 Introduced in House (IH)]

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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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