,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gicf ,,in ,,the ,,house ,,of ,,representatives ,march #af1 #bjbf,mr4 ,baird 7for himself1 ,ms4 ,houlahan1 ,mrs4 ,bice1 and ,mr4 ,khanna7 introduced the following bill2 which was referred to the ,committee on ,science1 ,space1 and ,technology ,a ,,bill ,to amend the ,energy ,policy ,act of #bjje to support the development1 demonstration1 and commercial application of biotechnology products to increase energy resiliency1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,bioindustrial ,scale-,up for ,supply ,chains and ,energy ,resiliency ,act of #bjbf4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the biggest roadblock for ,united ,states biotechnology innovators to commercialization is proving that their products and processes can scale1 thus showing investors a path to financial return2 7#b7 the ,united ,states faces several main challenges to securing the broad range of infrastructure needed for the breadth of products that biotechnology can make1 which are that-- 7,a7 the ,united ,states lacks sufficient biomanufacturing capacity1 including because researchers are generating new products faster than manufacturing capacity is increasing and building new facilities is expensive and time-consuming2 and 7,b7 biomanufacturing technologies of the future have yet to mature into routine commercial applications1 as current biomanufacturing facilities are generally optimized for #a type of product and are usually not compatible with other products2 and 7#c7 to position the ,united ,states as a leader in bioindustrial innovation and enable participation in groundbreaking projects through state-of-the-art infrastructure1 it is critical to establish technology maturation facilities to provide world-class capabilities4 #c4 ,bioindustrial scale-up for supply chains and energy resiliency ,section #icb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbcb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#e7 and 7#g71 respectively2 7,b7 by inserting before paragraph 7#e7 7as so redesignated7 the following3 7#a7 ,biobased product ,the term biobased product has the meaning given the term in section #ijja of the ,farm ,security and ,rural ,investment ,act of #bjjb 7#g ,u4,s4,c4 #haja74 7#b7 ,bioindustrial manufacturing ,the term bioindustrial manufacturing means the use of living organisms1 cells1 tissues1 enzymes1 or cell-free systems to produce materials and products for nonpharmaceutical applications4 7#c7 ,biointermediate ,the term biointermediate means an intermediate product that is derived from biomass or waste streams1 including carbon oxides4 7#d7 ,biomanufacturing ,the term biomanufacturing means the use of biological systems to produce goods and services at commercial scale4 2 7,c7 by inserting after paragraph 7#e7 7as so redesignated7 the following3 7#f7 ,biotechnology ,the term biotechnology means technology that applies to or is enabled by life sciences innovation or product development4 2 and 7,d7 by inserting after paragraph 7#g7 7as so redesignated7 the following3 7#h7 ,open access ,the term open access1 with respect to infrastructure1 data1 or research resources1 means that those resources are-- 7,a7 available without licensing or intellectual property barriers2 and 7,b7 accessible to public and private entities on an equitable basis4 7#i7 ,phytobiome ,the term phytobiome means a network of interactions of plants1 their associated communities of organisms1 and their environmental context4 7#aj7 ,technology maturation ,the term technology maturation means the development1 testing1 and scaling of technologies to a level of readiness suitable for commercialization or integration into industrial processes1 including activities such as prototyping1 pilot-scale testing and demonstration1 and early-stage manufacturing and market entry4 7#aa7 ,waste stream ,the term waste stream includes municipal solid waste1 food waste1 urban wood waste1 food processing and fermentation waste1 sewage1 biogas1 industrial waste gases1 carbon oxides1 atmospheric oxides1 and waste gases that are effluents or byproduct streams from various societal pursuits that are targeted toward disposal1 discharge1 or burning4 2 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,bioindustrial technology maturation facilities 7#a7 ,in general ,not later than ,september #cj1 #bjcj1 the ,secretary shall establish not fewer than #b bioindustrial technology maturation facilities 7referred to in this subsection as #8covered facilities'7-- 7,a7 to conduct research1 development1 demonstration1 and commercial application to derisk product and process technologies for biotechnology-based products relevant to the mission of the ,department2 7,b7 that are precommercial2 and 7,c7 that shall operate as user facilities available to governmental and nongovernmental users4 7#b7 ,considerations ,in determining the number1 type1 and location of covered facilities to establish1 the ,secretary shall-- 7,a7 consider-- 7i7 the greatest needs of industry and the gaps in current types of infrastructure2 7ii7 unique capabilities that are currently not available anywhere in the world2 7iii7 how the covered facilities may-- 7,i7 complement current infrastructure and capabilities1 including infrastructure and capabilities of-- 7aa7 the ,department1 including ,national ,laboratories2 7bb7 the ,department of ,defense2 7cc7 the ,department of ,commerce2 and 7dd7 other covered facilities2 and 7,,ii7 increase production levels by functioning as a connected network1 including by ensuring that available fermentation capacity1 including of covered facilities and facilities of the ,department1 covers the full range needed for precommercial scale-up2 and 7iv7 how each covered facility aligns with regional and local workforce needs1 pre-existing capabilities1 the skills required for the proposed biomanufacturing operations1 and the potential for regional and local workforce development and job creation2 and 7,b7 ensure that-- 7i7 covered facilities are in geographically diverse locations-- 7,i7 to maximize access to biological material needed as an input to bioindustrial manufacturing processes2 7,,ii7 to leverage available industrial and academic expertise1 including workforce and human capital2 and 7,,iii7 to leverage relevant domestic infrastructure required to secure supply chains for chemicals and other materials2 7ii7 covered facilities are complementary to each other and any other existing related facilities2 and 7iii7 the first covered facility is planned and built within a #b-year time period1 and the plan for the second and each subsequent facility is developed while construction occurs on the earlier planned covered facility4 7#c7 ,activities ,activities carried out by a covered facility may include the following3 7,a7 ,conducting pilot and demonstration projects to evaluate bioindustrial manufacturing processes and technologies for customers4 7,b7 ,conducting activities to scale bioindustrial manufacturing processes and products for scale-up and deployment efforts1 and larger1 higher1 or different levels of production for customers4 7,c7 ,developing1 testing1 and implementing applications and tools1 including equipment1 hardware1 software1 and algorithms1 with industry and academic partners4 7,d7 ,addressing technical challenges around bioindustrial manufacturing inputs and the technologies and processes that break down or convert biomass1 waste streams1 and other inputs that are useful to the bioindustrial manufacturing process1 biointermediates1 or other products4 7,e7 ,supporting training and workforce development needs in bioindustrial manufacturing4 7,f7 ,establishing an interoperable1 secure1 digital infrastructure for collaborative data exchange across entities in the bioindustrial manufacturing community1 including government agencies1 industry1 and academia4 7,g7 ,developing and implementing digital tools1 process security and assurance capabilities1 cybersecurity protocols1 and best practices for data storage1 sharing1 and analysis4 7,h7 ,leveraging data1 modeling1 and expertise to assist stakeholders in quantifying economic effects of1 and future investment strategies relating to1 emerging processes and technologies1 and incorporating those findings into techno-economic analysis4 7,i7 ,any other activity that the ,secretary determines appropriate4 7#d7 ,collaboration ,in carrying out the activities described in paragraph 7#c71 a covered facility may-- 7,a7 develop and implement policies to ensure open access to the covered facility for public and private sector entities1 with a focus on inclusion of rural communities2 7,b7 pursue cost-sharing and cofunding arrangements or opportunities with private sector stakeholders to supplement ,federal funding and promote financial sustainability2 and 7,c7 to maximize the impact of the covered facility1 coordinate and collaborate with-- 7i7 industry partners1 including to identify priority research1 development1 and demonstration needs2 7ii7 other ,department facilities1 including ,national ,laboratories2 7iii7 the defense community1 including the ,department of ,defense and ,bio,m,a,d,e2 7iv7 the agricultural community and relevant ,federal agencies1 including the ,department of ,agriculture2 7v7 the transportation sector and relevant ,federal agencies1 including the ,department of ,transportation2 7vi7 other ,federal agencies1 including the ,department of ,commerce1 as determined necessary by the covered facility2 7vii7 ,federal education and workforce development programs1 including the ,national ,science ,foundation2 7viii7 institutions of higher education2 7ix7 rural community stakeholders2 7x7 nonprofit organizations2 7xi7 ,state and local governments2 and 7xii7 international bodies with relevant scientific expertise4 7#e7 ,request for information ,not later than #ij days after the date of enactment of the ,bioindustrial ,scale-,up for ,supply ,chains and ,energy ,resiliency ,act of #bjbf1 the ,secretary shall publish a request for information that shall be used by the ,secretary to evaluate-- 7,a7 existing and planned bioindustrial technology maturation facilities in the ,united ,states1 including facilities with gas fermentation technologies and large-scale fermentation tanks with robust sensor suites2 7,b7 best practices for collaboration at those facilities2 and 7,c7 any other information determined necessary for the development of the strategic plan under paragraph 7#f74 7#f7 ,strategic plan ,not later than #ahj days after the date of enactment of the ,bioindustrial ,scale-,up for ,supply ,chains and ,energy ,resiliency ,act of #bjbf1 the ,secretary shall submit to the relevant congressional committees a strategic plan for the implementation of this subsection that includes-- 7,a7 an assessment of capacity scaling needs to determine what type of additional technology maturation facilities are needed2 7,b7 a description of the type1 size1 and location of each covered facility that the ,secretary intends to establish2 7,c7 the total number of covered facilities that the ,secretary intends to establish2 7,d7 the timelines associated with planning and execution of each covered facility1 phased over time2 and 7,e7 a general description of-- 7i7 the focus of each covered facility1 including the types of manufacturing equipment1 if any1 that are expected to be procured for each covered facility2 7ii7 how covered facilities will work as a network to maximize the variety of bioindustrial products available to be produced by the network1 including how the capabilities of covered facilities will complement the capabilities of existing and planned technology maturation facilities1 including those of other ,federal agencies1 including the ,department of ,commerce and the ,department of ,defense2 7iii7 how that network will support the establishment and maintenance of the bioindustrial manufacturing industrial base2 7iv7 how the ,secretary intends to ensure that data is collected and shared with the rest of that network1 as applicable2 and 7v7 how the ,secretary intends to coordinate with other ,federal agencies1 including the ,department of ,commerce and the ,department of ,defense1 to ensure the effective use of funds1 development of capabilities1 and prioritization of biotechnologies4 7#g7 ,intellectual property protections 7,a7 ,federal employee contributions ,any intellectual property created by a ,federal employee at a covered facility in the performance of the duties of that ,federal employee shall be considered to be part of the public domain4 7,b7 ,other entities ,any intellectual property created by an individual at a covered facility who is not a ,federal employee shall be protected under applicable intellectual property laws1 subject to the terms of the contractual agreement that the individual has entered into with the ,secretary4 7,c7 ,data sharing ,to the maximum extent practicable1 a covered facility shall establish a secure1 interoperable digital system to facilitate data exchange across government1 academia1 and industry4 7#h7 ,report to ,congress ,not later than #a year after the date of enactment of the ,bioindustrial ,scale-,up for ,supply ,chains and ,energy ,resiliency ,act of #bjbf1 and at least once every year thereafter for the following #g years1 the ,secretary shall submit to the relevant congressional committees1 and make publicly available1 a report on the activities carried out under this subsection during the year covered by the report1 including the progress made in implementing the strategic plan under paragraph 7#f71 including-- 7,a7 the number of existing covered facilities2 7,b7 the number of additional covered facilities being planned1 if any2 7,c7 a description of the activities carried out by covered facilities2 and 7,d7 any collaborations under paragraph 7#d74 7#i7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #bbe1ejj1jjj for the period of fiscal years #bjbf through #bjcj4 4 #d4 ,technical correction ,the table of contents of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eid7 is amended by inserting after the item relating to section #a the following3 ,sec4 #b4 ,definitions4 4