119-hr5187

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5187 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 5187

 To establish in the Department of Defense a program to support the 
 expansion of domestic bioindustrial manufacturing capacity.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 September 8, 2025

 Mr. Khanna (for himself, Mr. Garamendi, and Mr. Davis of North 
 Carolina) introduced the following bill; which was referred to the 
 Committee on Armed Services

_______________________________________________________________________

 A BILL

 To establish in the Department of Defense a program to support the 
 expansion of domestic bioindustrial manufacturing capacity.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. BIOINDUSTRIAL COMMERCIALIZATION PROGRAM.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense may establish a program 
to support the expansion of the domestic capacity for bioindustrial 
manufacturing of critical biomanufactured products at a commercial 
level through awards to eligible entities for establishing, upgrading, 
and retooling of eligible bioindustrial manufacturing facilities.

    (b) Awards.--

    (1) In general.--An entity seeking an award under the 
 program shall submit to the Secretary an application at such 
 time, in such manner, and containing such information as the 
 Secretary determines appropriate.

    (2) Competitive awards.--The Secretary shall make each 
 award under the program to an eligible entity in a competitive 
 manner.

    (3) Award criteria.--In selecting eligible entities to 
 receive awards under the program, the Secretary shall consider 
 the following criteria:
        (A) The potential of the technology of such 
 eligible entity to improve domestic resilience and 
 protect critical supply chains for critical 
 biomanufactured products.
        (B) How the technology of such eligible entity 
 could help meet the demand for the capabilities 
 required by the next generation of warfighters.
            (C) The ability of the eligible bioindustrial 
 manufacturing facility with respect to which such 
 eligible entity is seeking such award to be repurposed 
 and the range of products that such eligible 
 bioindustrial manufacturing facility is capable of 
 producing.
            (D) Whether the eligible bioindustrial 
 manufacturing facility with respect to which such 
 eligible entity is seeking such award supports the goal 
 of wide geographic distribution of bioindustrial 
 manufacturing facility across the United States.
        (E) Whether the eligible bioindustrial 
 manufacturing facility with respect to which such 
 eligible entity is seeking such award is located in 
 geographic proximity to sources of input materials for 
 the production of critical biomanufactured products or 
 areas with established biomanfuacturing capabilities.
        (F) Such additional considerations that the 
 Secretary deems appropriate.

    (4) Use of award funds.--A recipient of an award under the 
 program may use funds received under such award for the 
 establishment, upgrading, or retooling of one or more eligible 
 bioindustrial manufacturing facilities to produce critical 
 biomanufactured products, including the development of business 
 or technical plans related to such establishment, upgrading, or 
 retooling.
            (c) Oversight.--If the Secretary establishes the program, the 
Secretary shall establish reporting requirements for recipients of 
awards under the program which shall include requirements for period 
reports on the following:

    (1) The progress of the recipient in establishing, 
 upgrading, or retooling the eligible bioindustrial 
 manufacturing facility with respect to which such recipient 
 received such award.

    (2) The estimated timeline and funding requirements for the 
 recipient to begin biomanufacturing at the eligible 
 bioindustrial manufacturing facility described in paragraph

    (1) .

    (3) The products, including the critical biomanufactured 
 products, that are or will be produced at the eligible 
 bioindustrial manufacturing facility described in paragraph

    (1) .

    (4) The progress of the recipient in entering into an 
 agreement with the Department of Defense or an element thereof 
 to provide critical biomanufactured products, that are or will 
 be produced at the eligible bioindustrial manufacturing 
 facility described in paragraph

    (1) once such eligible 
 bioindustrial manufacturing facility begins biomanufacturing.
            (d) Reports to Congress.--

    (1) Initial report.--Not later than 90 days after the date 
 of the enactment of this Act, the Secretary shall submit to the 
 Committees on Armed Services of the House of Representatives 
 and Senate a report on the plan of the Secretary for allocating 
 amounts appropriated to the Department of Defense to fund the 
 program.

    (2) Annual reports.--Not later than one year after the date 
 of the enactment of this Act, and annually thereafter, the 
 Secretary shall submit to the Committees on Armed Services of 
 the House of Representatives and Senate a report on the 
 activities under the program, including--
        (A) a list of the awards made under the program as 
 of the date on which the report is submitted, 
 including, for each such award--
            (i) the name of the entity that received 
 the award;
            (ii) the location of the eligible 
 bioindustrial manufacturing facility with 
 respect to which such entity received the 
 award;
            (iii) the amount of the award, 
 disaggregated by the initial amount of the 
 award and any additional amounts provided under 
 the award;
            (iv) an explanation of the criteria 
 supporting making the award to such entity, 
 including a description of any notable 
 technologies of such entity relevant to the 
 award;
            (v) if applicable, an explanation of the 
 rational for providing additional amounts under 
 the award; and
            (vi) to the extent practicable, and 
 explanation of the effects of the award;
        (B) an identification of amounts available to the 
 Department of Defense for making awards under the 
 program as of the date on which the report is submitted 
 and an explanation of any plans for the use of such 
 amounts;
            (C) an explanation of the communication between the 
 Secretary and eligible entities seeking an award under 
 the program regarding requirements and timelines for 
 such awards; and
            (D) an explanation of how the establishment, 
 upgrading, or retooling of the eligible bioindustrial 
 manufacturing facility for which awards were made under 
 the program aligns with priorities and needs of the 
 Department of Defense and national security.

    (e) Sunset.--

    (1) In general.--Except as provided by paragraph

    (2) , this 
 section shall terminate on the date that is 10 years after the 
 date of the enactment of this Act.

    (2) Extension.--The Secretary may change the date on which 
 this section terminates to a date that is later than the date 
 on which this section would terminate under paragraph

    (1) if 
 the President determines that the continuation of the program 
 is necessary to meet national economic and national security 
 needs.

    (f) 

=== Definitions. ===
-In this section:

    (1) The term ``biomanufacturing'' means the utilization of 
 biological systems to develop new and advance existing 
 products, tools, and processes at commercial scale.

    (2) The term ``critical biomanufactured product'' means a 
 chemical, material, and other product that is manufactured 
 using biomanufacturing and is relevant to the Department of 
 Defense.

    (3) The term ``eligible bioindustrial manufacturing 
 facility'' means a bioindustrial manufacturing facility that--
        (A) is or, if not yet established, will be located 
 in the United States; and
        (B) is or, pursuant to an award under the program, 
 will produce critical biomanufactured products.

    (4) The term ``eligible entity'' means an entity that--
        (A) is a private entity;
        (B) applied for an award under the program in 
 accordance with subsection

    (b)

    (1) ; and
            (C) meets such other criteria for eligibility for 
 an award under the program as determined by the 
 Secretary.

    (5) The term ``program'' means the program established 
 under subsection

    (a) .

    (6) The term ``Secretary'' means the Secretary of Defense.
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