BIO-SCALE Act

Bill Number

H.R. 8918

Origin Chamber

House

Congress

119th Congress, Session 2

Policy Area

Government Operations and Politics

Status

Introduced

Latest Action

2026-05-20: 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.

Last Updated

2026-05-29T15:55:53Z

AI-Generated Summary

Summary of H.R. 8918: Bioindustrial Infrastructure for Open Scale-up, Commercialization, and Accelerated Launch Ecosystems Act (BIO-SCALE Act)

Purpose

The legislation establishes a federal program to create technology maturation facilities for the bioindustrial sector. Its goal is to provide advanced infrastructure for developing, testing, and scaling bio-based technologies, positioning the United States as a leader in bioindustrial innovation through open-access and product-agnostic capabilities.

Key Provisions

• Definitions: The bill defines key terms, including the bioindustrial sector (industries producing bio-based chemicals, fuels, and materials via biological processes), eligible entities (U.S.-incorporated nonprofits and institutions of higher education operating primarily in the U.S.), feedstock (raw materials like agricultural byproducts or waste oils), open access (resources available without licensing barriers), and technology maturation (activities like prototyping and pilot-scale testing).
• Establishment of Facilities: The Secretary of Commerce, acting through the Assistant Secretary for Economic Development, must establish at least three regional, nonprofit, open-access, and product-agnostic facilities. These must support capabilities such as fermentation methods and commercial-grade tanks ranging from 1,500 to over 75,000 liters.
• Implementation Process: The Secretary uses a competitive process with planning grants followed by implementation grants to eligible entities. Facilities must integrate with existing Department of Energy and Department of Defense programs for commercialization and technology transfer.
• Planning and Selection Requirements: An implementation plan is due to Congress within 180 days, covering site selection, funding methods, design specs, and outreach. Proposals are solicited within one year, with selection prioritizing geographic distribution, proximity to feedstock sources, rural areas, and regions with existing bioindustrial capabilities.
• Use of Funds and Operations: Funds support construction, equipment, and initial operations, with expenditure deadlines of 2 years (for existing infrastructure) or 3 years (for new construction). Facilities must pursue goals like advancing innovation in fermentation and biomass processing, strengthening national security, promoting workforce development, and creating secure digital infrastructure for data sharing.
• Coordination and Oversight: The Secretary oversees facilities, forms partnerships with industry and academia, ensures equitable access (with focus on rural communities), pursues cost-sharing with private sectors, and coordinates with agencies like the Departments of Energy, Defense, Agriculture, and Transportation, as well as the National Science Foundation.
• Intellectual Property and Reporting: Federal employee-created intellectual property at facilities enters the public domain; other IP follows applicable laws. Annual reports to Congress detail progress, usage metrics, financials, job creation, and obstacles.
• Funding and Sunset: Authorizes $345 million for fiscal years 2026–2028 and $117 million for 2029–2030, with up to 7.5% for administrative costs. Authority terminates after 10 years but may continue for successful facilities under ongoing oversight.

Significant Changes to Existing Law

This bill introduces a new program under the Department of Commerce to fund and operate specialized bioindustrial facilities, without directly amending prior statutes. It creates new grant-making authority and coordination requirements with existing programs at the Departments of Energy and Defense, emphasizing open-access infrastructure not previously mandated at this scale.

Potential Impacts

• On Government Agencies: Expands roles for the Department of Commerce in economic development and interagency collaboration; requires coordination with the Departments of Energy, Defense, Agriculture, and Transportation, potentially increasing resource sharing and capability integration across federal entities.
• On Citizens: Supports workforce development, job creation in bioindustrial and rural areas, and training through partnerships with academic institutions, potentially boosting local economies and skill-building opportunities.
• On International Relations: Aims to enhance U.S. competitiveness in biotechnology and bioindustry by developing cutting-edge infrastructure, which could influence global standards for bio-based production and innovation leadership.

Main Stakeholders Affected

• Eligible Entities: Public and private nonprofits, including universities and foundations, eligible for grants to design and operate facilities.
• Bioindustrial Sector: Industries focused on bio-based products, benefiting from scaled-up technologies and open-access resources.
• Federal Agencies: Departments of Commerce, Energy, Defense, Agriculture, Transportation, and the National Science Foundation, involved in coordination and complementary use of infrastructure.
• Industry, Academia, and Communities: Private sector partners, institutions of higher education, rural stakeholders, state and local governments, and the agricultural and defense communities, engaged through partnerships and access provisions.
• International Bodies: Entities with scientific expertise, consulted for capability objectives.

Notable Legal, Constitutional, or Political Implications

The bill emphasizes equitable open access to facilities for public and private entities, with policies to include rural communities, and establishes public-domain status for intellectual property created by federal employees. It requires annual congressional reporting and interagency consultation, raising considerations for federal funding oversight and data-sharing systems. The measure introduces bipartisan sponsorship and focuses on national security through biotechnology de-risking, without explicit constitutional references but aligning with federal authority over economic and innovation policy.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Baird, James R. [R-IN-4]

Cosponsors (1)

Rep. Houlahan, Chrissy [D-PA-6]

Recent Actions

• 2026-05-20: 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.
• 2026-05-20: 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.
• 2026-05-20: Introduced in House
• 2026-05-20: Introduced in House

Bill Versions

• Bioindustrial Infrastructure for Open Scale-up, Commercialization, and Accelerated Launch Ecosystems Act — issued 2026-05-20 — PDF (13 pages)