Bioindustrial Scale-Up for Supply Chains and Energy Resiliency Act of 2026
- Sponsor
- Rep. Baird, James R. [R-IN-4]
- Committees
- Science, Space, and Technology Committee (primary)
- Last action
- Mar 16, 2026
Bottom line
The bill aims to accelerate the commercialization of biotechnology products by providing critical infrastructure and support for scaling up bioindustrial manufacturing, enhancing energy resiliency and supply chain security.
What it actually does
This bill amends the Energy Policy Act of 2005 to establish at least two precommercial bioindustrial technology maturation facilities by September 30, 2030. These facilities will operate as open-access user facilities to conduct research, development, demonstration, and commercial application for biotechnology-based products relevant to the Department of Energy's mission, focusing on scaling up bioindustrial manufacturing processes and products. The bill also requires a strategic plan for these facilities and authorizes $225.5 million for fiscal years 2026 through 2030.
Proponents argue
Proponents argue that the United States currently lacks sufficient biomanufacturing capacity and infrastructure, which acts as a major roadblock for innovators to commercialize biotechnology products. They contend that establishing these technology maturation facilities will address this gap, position the U.S. as a leader in bioindustrial innovation, and strengthen domestic supply chains for critical materials and energy products, thereby increasing energy resiliency.
Opponents contend
No specific organized opposition is immediately apparent from the bill text itself. Potential criticisms, if any were to arise, might focus on the cost of establishing and operating such facilities, concerns about potential market distortion, or questions regarding the effectiveness of government-led initiatives versus private sector investment in scaling up biotechnology.
The bill is relatively short and clearly structured, making it accessible for a reader to understand its core provisions within a reasonable timeframe.
Section 1
Short Title
This section establishes the official short title of the Act as the "Bioindustrial Scale-Up for Supply Chains and Energy Resiliency Act of 2026." This name provides a concise way to refer to the legislation and indicates its primary goals related to bioindustrial development and energy security.
Supporters argue
Supporters argue that a clear and descriptive short title helps in easily identifying and discussing the legislation, reflecting its core objectives.
Critics contend
No specific opposition is typically raised against short title provisions.
Tradeoffs
None apparent.
Section 2
Sense of Congress on Biotechnology Needs
This section expresses Congress's belief that the main obstacle for U.S. biotechnology innovators is proving product scalability for commercialization. It highlights the lack of sufficient biomanufacturing capacity due to rapid product generation and expensive facility construction, and the immaturity of future biomanufacturing technologies. It concludes that establishing technology maturation facilities is critical for U.S. leadership in bioindustrial innovation.
Section 3(1)
Expansion of Bioindustrial Definitions
This section adds several new definitions to the Energy Policy Act of 2005, including "biobased product," "bioindustrial manufacturing," "biointermediate," "biomanufacturing," "biotechnology," "open access," "phytobiome," "technology maturation," and "waste stream." These definitions are crucial for clarifying the scope and intent of the subsequent provisions regarding bioindustrial technology.
Section 3(2) (inserting subsection (f)(1) into Section 932 of the Energy Policy Act of 2005)
Mandate for Bioindustrial Technology Maturation Facilities
This provision mandates the Secretary of Energy to establish at least two precommercial bioindustrial technology maturation facilities by September 30, 2030. These facilities are designed to derisk product and process technologies for biotechnology-based products relevant to the Department of Energy's mission and will operate as open-access user facilities for both governmental and nongovernmental entities.
Section 3(2) (inserting subsection (f)(2) into Section 932 of the Energy Policy Act of 2005)
Criteria for Facility Location and Design
This section outlines specific considerations for the Secretary when establishing the new facilities. These include assessing industry needs and infrastructure gaps, identifying unique capabilities, ensuring complementarity with existing infrastructure (including other federal agencies and National Laboratories), and aligning with regional workforce needs and development potential. It also mandates geographic diversity, complementarity among facilities, and a phased construction timeline.
Section 3(2) (inserting subsection (f)(3) into Section 932 of the Energy Policy Act of 2005)
Scope of Operations for Maturation Facilities
The bill specifies a range of activities for the covered facilities, including conducting pilot and demonstration projects, scaling bioindustrial manufacturing processes, developing and testing applications and tools, addressing technical challenges with inputs like biomass and waste streams, supporting workforce development, establishing interoperable digital infrastructure for data exchange, developing digital tools and cybersecurity protocols, and quantifying economic effects and investment strategies.
Section 3(2) (inserting subsection (f)(6) into Section 932 of the Energy Policy Act of 2005)
Development of a Strategic Plan
Within 180 days of enactment, the Secretary of Energy must submit a strategic plan to Congress. This plan must include an assessment of capacity needs, a description of the type, size, and location of intended facilities, the total number of facilities, timelines for planning and execution, and a general description of each facility's focus, how they will work as a network, how they support the industrial base, data sharing intentions, and coordination with other federal agencies.
Section 3(2) (inserting subsection (f)(9) into Section 932 of the Energy Policy Act of 2005)
Funding Authorization for Facilities
This section authorizes the appropriation of $225,500,000 to the Secretary of Energy for the period of fiscal years 2026 through 2030 to carry out the provisions related to the bioindustrial technology maturation facilities. This provides the financial backing necessary for the establishment and initial operation of these facilities.
The bill defines "open access" for infrastructure, data, or research resources as being available without licensing or intellectual property barriers and accessible to public and private entities on an equitable basis. It also specifies that intellectual property created by federal employees at these facilities is public domain, while IP by non-federal employees is protected under contractual agreements. It further mandates establishing a secure, interoperable digital system for data exchange.
Section 3(1)(D) (inserting subsection (a)(8) - definition of "Open access") and Section 3(2) (inserting subsection (f)(7) - Intellectual property protections)
Why it matters:This is standard legislative practice for definitions and general IP rules, but the implications for data sharing and IP ownership are significant.
Case for: Proponents argue these provisions ensure broad accessibility to the facilities and their outputs, fostering collaborative innovation and preventing monopolization of publicly funded research, while still protecting private sector investments.
Case against: Some private entities might be hesitant to use facilities if their proprietary data or IP could be inadvertently compromised or if the "open access" principle is too broadly interpreted, potentially undermining their competitive advantage.
Estimated impact: Significant impact on the collaborative model of the facilities and the dissemination of research findings and data across the bioindustrial ecosystem.
When carrying out activities, a covered facility may coordinate and collaborate with various entities, specifically mentioning the "defense community, including the Department of Defense and BioMADE" and the "agricultural community and relevant Federal agencies, including the Department of Agriculture."
Section 3(2) (inserting subsection (f)(4)(C) - Collaboration)
Why it matters:This is standard practice for listing inter-agency coordination, but the specific mention of defense and agriculture highlights broader strategic implications beyond just energy.
Case for: Proponents argue that integrating defense and agricultural perspectives ensures that bioindustrial innovations address a wider range of national security and economic needs, leveraging diverse expertise and resources.
Case against: Critics might suggest that broadening the scope of collaboration too much could dilute the Department of Energy's primary mission focus or create bureaucratic complexities.
Estimated impact: Enhances the strategic relevance and potential applications of the bioindustrial technology, extending its benefits beyond energy to national security and food systems.