,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hiah ,,in ,,the ,,house ,,of ,,representatives ,may #bj1 #bjbf,mr4 ,baird 7for himself and ,ms4 ,houlahan7 introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,financial ,services1 for a period to be subsequently determined by the ,speaker1 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 sector1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,bioindustrial ,infrastructure for ,open ,scale-up1 ,commercialization1 and ,accelerated ,launch ,ecosystems ,act or the ,,bio-,,scale ,act4 #b4 ,technology maturation facility program 7a7 ,definitions ,in this section3 7#a7 ,bioindustrial sector ,the term bioindustrial sector means industries involved in producing bio-based chemicals1 fuels1 materials1 and other products through biological and biochemical processes4 7#b7 ,eligible entity ,the term eligible entity means public and private foundations and nonprofit organizations1 including institutions of higher education1 that-- 7,a7 are incorporated in the ,united ,states2 and 7,b7 operate primarily in the ,united ,states4 7#c7 ,facility ,the term facility means a facility established under subsection 7c74 7#d7 ,feedstock ,the term feedstock means raw material used as input for industrial processes to produce biofuels1 chemicals1 or materials1 such as agricultural byproducts1 microbial or algal biomass1 synthetic biological products or components1 and waste oils4 7#e7 ,open access ,the term open access means the use of infrastructure1 data1 or research resources that are-- 7,a7 available without licensing or intellectual property barriers2 and 7,b7 accessible to public and private entities on an equitable basis4 7#f7 ,product-agnostic ,the term product-agnostic1 with respect to a facility1 technology1 or process means that the facility1 technology1 or process can accommodate a variety of end products without being limited to a specific output4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,commerce1 acting through the ,assistant ,secretary for ,economic ,development4 7#h7 ,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 7b7 ,purpose ,the purpose of this section is to establish technology maturation facilities to provide world-class capabilities1 positioning the ,united ,states as a leader in bioindustrial innovation and enabling participation in groundbreaking projects through state-of-the-art infrastructure4 7c7 ,establishment 7#a7 ,in general ,the ,secretary shall establish not less than #c regional1 nonprofit1 open access1 product-agnostic technology maturation facilities for the bioindustrial sector to ensure the integration of advanced and emerging capabilities such as solid-state1 gas1 and continuous fermentation methods1 biomass processing equipment1 and scalable commercial-grade fermentation tanks of capacity ranging from #a1ejj to over #ge1jjj liters4 7#b7 ,operation ,in carrying out this section1 the ,secretary shall-- 7,a7 use a competitive process to carry out paragraph 7#a7 through the award of-- 7i7 planning grants or cooperative agreements to eligible entities for the design1 construction1 and operation of the facilities2 and 7ii7 implementation grants or cooperative agreements to eligible entities that were awarded and completed a planning grant or cooperative agreement under clause 7i72 and 7,b7 facilitate commercialization activities and technology transfer in coordination with any applicable programs of the ,department of ,energy and the ,department of ,defense4 7d7 ,implementation plan ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report on plans to implement this section1 including1 at a minimum-- 7#a7 finalized site selection criteria and a description of the decisionmaking process that will be used1 including a timeline for selecting facilities2 7#b7 funding allocation methodologies and a description of the decisionmaking process that was used in developing those methodologies2 7#c7 design specifications for facilities1 including a plan for consulting with entities outside of the ,department of ,commerce1 as appropriate2 7#d7 an outreach strategy for soliciting proposals and engaging key stakeholders across industry1 academia1 and government1 including specific goals to advance the leadership of the ,united ,states in the biotechnological and bioindustrial sectors2 7#e7 considerations for how facilities may-- 7,a7 complement existing infrastructure of the ,department of ,energy1 the ,department of ,defense1 and other facilities2 7,b7 ensure increased production levels by functioning as a connected network1 including by providing fermentation capacity that covers the full range needed for precommercial scale-up2 and 7,c7 build on existing initiatives to increase local or regional job opportunities and economic growth and competitiveness2 and 7#f7 how the ,secretary intends to coordinate with other ,federal agencies1 such as the ,department of ,energy and the ,department of ,defense1 to ensure the effective usage of funds1 development of capabilities1 and prioritization of biotechnologies4 7e7 ,proposals and selection 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 solicit proposals from eligible entities for the design1 construction1 and establishment of the facilities2 and 7,b7 select not less than #c facilities4 7#b7 ,considerations ,in selecting facilities under paragraph 7#a77;,b71 the ,secretary shall-- 7,a7 ensure that the facilities are geographically distributed throughout the ,united ,states1 with preference given to proposals for-- 7i7 facilities located near major feedstock sources2 and 7ii7 facilities located in areas with established bioindustrial capabilities2 7,b7 give preference to proposals for-- 7i7 facilities in regions with a demonstrated need for enhanced infrastructure1 especially in rural areas2 and 7ii7 facilities from eligible entities already engaged in biotechnological and bioindustrial activities4 7f7 ,use of funds 7#a7 ,in general ,funds provided for a facility under this section shall be used for construction1 equipment procurement1 and initial operating expenses of the facility4 7#b7 ,deadline ,funds provided for a facility under this section shall be expended by-- 7,a7 not later than #b years after the date on which the amounts were provided to the facility1 in the case of a facility that has existing infrastructure and resources1 as determined by the ,secretary2 and 7,b7 not later than #c years after the date on which the amounts were provided to the facility1 in the case of a facility that is to be constructed4 7g7 ,facility goals and activities ,a facility shall seek-- 7#a7 to advance and promote technological innovation in bioindustrial processes1 including fermentation1 biomass processing1 and downstream processing2 7#b7 to strengthen national security by de-risking and accelerating the scaling up of emerging biotechnology processes and technologies2 7#c7 to enhance the leadership of the ,united ,states in biotechnology through the promotion of innovation1 economic growth1 workforce development1 and job creation2 7#d7 to establish a secure digital infrastructure for data sharing and process analysis2 and 7#e7 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 competitiveness4 7h7 ,oversight and interagency coordination and collaboration ,in carrying out this section1 the ,secretary shall-- 7#a7 if applicable1 oversee the design1 construction1 and establishment of the facilities to ensure the integration of advanced and emerging capabilities2 7#b7 establish partnerships with industry1 institutions of higher education1 and other ,federal agencies to maximize the impact and utilization of the facilities2 7#c7 develop and implement policies to ensure equitable and open access to the facilities for public and private sector entities1 with a focus on inclusion of rural communities2 7#d7 pursue cost-sharing and co-funding arrangements or opportunities with private sector stakeholders to supplement ,federal funding and promote financial sustainability2 and 7#e7 coordinate and consult with relevant stakeholders to identify suitable locations and capabilities objectives for the facilities1 which stakeholders may include-- 7,a7 other ,federal agencies1 such as the ,department of ,energy1 including the ,national ,laboratories2 7,b7 the defense community1 including the ,department of ,defense and ,bio,m,a,d,e2 7,c7 industry partners1 including nonprofit organizations2 7,d7 the agricultural community and relevant ,federal agencies1 including the ,department of ,agriculture2 7,e7 the transportation sector and relevant ,federal agencies1 including the ,department of ,transportation2 7,f7 ,federal education and workforce development programs1 including the ,national ,science ,foundation2 7,g7 institutions of higher education2 7,h7 rural community stakeholders2 7,i7 ,state and local governments2 and 7,j7 international bodies with relevant scientific expertise4 7i7 ,intellectual property protections 7#a7 ,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 domain4 7#b7 ,other entities ,any intellectual property created by an individual at a facility who is not described in paragraph 7#a7 shall be protected under applicable intellectual property laws1 subject to the terms of the agreement that the individual has entered into with the ,secretary4 7#c7 ,data sharing ,to the maximum extent practicable1 the facilities shall establish secure1 interoperable digital systems to facilitate data exchange across government1 academia1 and industry4 7j7 ,reports ,not less frequently than annually1 the ,secretary shall submit to ,congress a report that includes-- 7#a7 a description of the progress on the construction and operation of the facilities2 7#b7 metrics on facility activities1 including-- 7,a7 data on usage and participation by public and private sector entities2 7,b7 a description of ongoing and completed projects of the facilities related to scale-up and commercialization of biotechnologies2 and 7,c7 any additional relevant metrics1 such as-- 7i7 workforce training and development1 including engagement with local or regional academic institutions2 and 7ii7 domestic and local job creation2 7#c7 financial reports that detail expenditures and cost-sharing contributions of the facilities1 including access to private capital2 and 7#d7 a description of any obstacles encountered by the facilities in carrying out facility activities and achieving the goals described in subsection 7g74 7k7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this section-- 7,a7 #cde1jjj1jjj for the period of fiscal years #bjbf through #bjbh2 and 7,b7 #aag1jjj1jjj for the period of fiscal years #bjbi through #bjcj4 7#b7 ,administrative costs ,of the amounts made available for each fiscal year under paragraph 7#a71 the ,secretary may use not more than #g4e percent for the administrative and oversight costs of implementing this section4 7l7 ,sunset 7#a7 ,in general ,subject to paragraph 7#b71 the authority to establish and operate a facility under this section shall terminate on the date that is #aj years after the date of enactment of this ,act4 7#b7 ,continued operation ,the ,secretary may allow a facility that demonstrates successful performance to continue to operate after the date described in paragraph 7#a71 subject to ongoing oversight by the ,secretary4