Sec. 243. Bioindustrial commercialization program
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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 entities for establishing, upgrading, and retooling of bioindustrial manufacturing facilities. 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.
The Secretary shall make each award under the program to an entity in a competitive manner. In selecting entities to receive awards under the program, the Secretary shall consider the following criteria: The potential of the technology of such entity to improve domestic resilience and protect critical supply chains with biomanufactured products. How the technology of such entity could help meet the demand for the capabilities required by the next generation of warfighters. The ability of the bioindustrial manufacturing facility with respect to which such entity is seeking such award to be repurposed and the range of products that such bioindustrial manufacturing facility is capable of producing.
Whether the bioindustrial manufacturing facility with respect to which such entity is seeking such award supports the goal of wide geographic distribution of bioindustrial manufacturing facilities across the United States. Whether the bioindustrial manufacturing facility with respect to which such 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.
Such additional considerations that the Secretary deems appropriate. 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 bioindustrial manufacturing facilities to produce critical biomanufactured products, including the development of business or technical plans related to such establishment, upgrading, or retooling. If the Secretary establishes the program, the Secretary shall establish reporting requirements for recipients of awards under the program which shall include requirements for periodic reports on the following:
The progress of the recipient in establishing, upgrading, or retooling the bioindustrial manufacturing facility with respect to which such recipient received such award. The estimated timeline and funding requirements for the recipient to begin biomanufacturing at the bioindustrial manufacturing facility described in paragraph (1). The products, including the critical biomanufactured products, that are or will be produced at the bioindustrial manufacturing facility described in paragraph (1).
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 bioindustrial manufacturing facility described in paragraph
(1)once such bioindustrial manufacturing facility begins biomanufacturing. 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 Senate and the House of Representatives a report on the plan of the Secretary for allocating amounts appropriated to the Department of Defense to fund the program. 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 Senate and the House of Representatives a report on the activities under the program, including the following: A list of the awards made under the program as of the date on which the report is submitted, including, for each such award— the name of the entity that received the award; the location of the bioindustrial manufacturing facility with respect to which such entity received the award; the amount of the award, disaggregated by the initial amount of the award and any additional amounts provided under the award; 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; if applicable, an explanation of the rationale for providing additional amounts under the award; and to the extent practicable, an explanation of the effects of the award. 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. An explanation of the communication between the Secretary and entities seeking an award under the program regarding requirements and timelines for such awards. An explanation of how the establishment, upgrading, or retooling of the bioindustrial manufacturing facilities for which awards were made under the program aligns with priorities and needs of the Department of Defense and national security. 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. 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 and transmits that determination, and that later date, to the congressional defense committees. In this section, the term biomanufacturing means the utilization of biological systems to develop new and advance existing products, tools, and processes at commercial scale.