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