,,ii  #aaeth ,,congress  #ast ,session  
,s4 #bbeg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #bj1 
#bjag ,mr4 ,coons 7for himself and ,mr4 
,graham7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,energy and ,natural     
,resources  ,a ,,bill  ,to establish the
 ,,impact for ,energy ,foundation4  #a4 
,short title ,this ,act may be cited as 
the ,increasing and ,mobilizing         
,partnerships to ,achieve               
,commercialization of ,technologies for 
,energy ,act or the ,,impact for ,energy
 ,act4  #b4 ,definitions ,in this ,act3 
7#a7 ,board ,the term ,board means the  
,board of ,directors for the ,foundation
 described in section #c7;c74  7#b7     
,chair ,the term ,chair means the ,chair
 of the ,board described in section     
#c7;c77#b74  7#c7 ,executive ,director  
,the term ,executive ,director means the
 ,executive ,director of the ,board     
described in section #c7;f77#b74  7#d7  
,foundation ,the term ,foundation means 

the ,,impact for ,energy ,foundation    
established under section #c7;a74  7#e7 
,secretary ,the term ,secretary means   
the ,secretary of ,energy4  #c4         
,establishment of ,,impact for ,energy  
,foundation  7a7 ,establishment  7#a7   
,in general ,not later than ,february   
#a1 #bjai1 the ,secretary shall         
establish a nonprofit corporation to be 
known as the ,,impact for ,energy       
,foundation4  7#b7 ,limitation ,the     
,foundation shall not be an agency or   
instrumentality of the ,federal         
,government4  7b7 ,purpose and          
activities of foundation  7#a7 ,purpose 
,the purpose of the ,foundation is to   
provide a mechanism to channel private  
sector investments that support efforts 
to create1 develop1 and commercialize   
innovative technologies that address    
energy challenges1 by methods that      
include--  7,a7 fostering collaboration 
and partnerships with energy researchers
 from the ,federal ,government1 ,state  
governments1 institutions of higher     

education1 federally funded research and
 development centers1 industry1 and     
nonprofit organizations for the         
research1 development1 or               
commercialization of transformative     
energy technologies2  7,b7 leveraging   
technologies to support new product     
development that supports regional      
economic development2 and  7,c7         
administering prize competitions to     
accelerate private sector competition   
and investment4  7#b7 ,activities  7,a7 
,in general ,the ,foundation may solicit
 and accept gifts1 grants1 and other    
donations1 establish accounts1 and      
invest and expend funds in support of   
the programs and activities described in
 subparagraphs 7,b7 through 7,d74  7,b7 
,studies1 competitions1 and projects    
,the ,foundation may conduct and support
 studies1 competitions1 projects1       
research1 development1                  
commercialization1 and other activities 
that further the purpose of the         
,foundation described in paragraph 7#a74

  7,c7 ,fellowships and grants  7i7 ,in 
general ,the ,foundation may provide    
fellowships and grants to recipients    
selected under clause 7iii7 for         
activities relating to research1        
development1 prototyping1 maturing1 or  
commercializing of energy technologies4 
7ii7 ,uses of fellowships and grants ,a 
fellowship or grant under clause 7i7 may
 include stipends1 travel1 health       
insurance benefits1 and other           
appropriate expenses4  7iii7 ,selection 
,the ,executive ,director shall select  
the recipient of a fellowship or grant  
based on the technical and              
commercialization merits of the project4
  7iv7 ,federal laboratories  7,i7 ,in  
general ,federal ,laboratories1         
including laboratories of the           
,department of ,energy1 may apply for   
and accept grants under clause 7i74     
7,,ii7 ,effect ,a ,federal laboratory   
that applies for or accepts a grant     
under subclause 7,i7 shall not be       
considered to be engaging in a          

competitive procedure4  7,d7            
,supplementary programs ,the ,foundation
 may carry out supplementary programs-- 
7i7 to conduct and support forums1      
meetings1 conferences1 courses1 and     
training workshops consistent with the  
purpose of the ,foundation described in 
paragraph 7#a72  7ii7 to support and    
encourage the understanding and         
development of-- 7,i7 data reporting    
models that promote the translation of  
technologies from the research stage1   
through development and maturation1 and 
to the market2 and  7,,ii7 policies that
 make regulation more effective and     
efficient by leveraging the technology  
translation data described in subclause 
7,i7 for the regulation of relevant     
technology sectors2  7iii7 for writing1 
editing1 printing1 publishing1 and      
vending books and other materials       
relating to research carried out under  
the ,foundation2 and  7iv7 to conduct   
other activities to carry out and       
support the purpose described in        

paragraph 7#a74  7,e7 ,authority of     
foundation ,the ,foundation shall be the
 sole entity responsible for carrying   
out the activities described in this    
paragraph4  7,f7 ,administrative control
 ,no participant in a program under this
 paragraph or employee of the           
,foundation shall exercise any          
administrative control over any ,federal
 employee4  7c7 ,board of directors     
7#a7 ,membership  7,a7 ,in general ,the 
,foundation shall operate under the     
direction of a ,board of ,directors1    
which shall be composed of--  7i7       
ex-officio members described in         
subparagraph 7,b72 and  7ii7 appointed  
members described in subparagraph 7,c74 
7,b7 ,ex-officio members  7i7 ,initial  
members  7,i7 ,in general ,subject to   
subclause 7,,ii71 the initial ex-officio
 members of the ,board shall be-- 7aa7  
the chair of the ,committee on ,energy  
and ,natural ,resources of the ,senate  
7or a designee72  7bb7 the ranking      
minority member of the ,committee on    

,energy and ,natural ,resources of the  
,senate 7or a designee72  7cc7 the chair
 of the ,committee on ,energy and       
,commerce of the ,house of              
,representatives 7or a designee72  7dd7 
the ranking minority member of the      
,committee on ,energy and ,commerce of  
the ,house of ,representatives 7or a    
designee72  7ee7 the chair of the       
,committee on ,environment and ,public  
,works of the ,senate 7or a designee72  
7ff7 the ranking minority member of the 
,committee on ,environment and ,public  
,works of the ,senate 7or a designee72  
7gg7 the chair of the ,committee on     
,science1 ,space1 and ,technology of the
 ,house of ,representatives 7or a       
designee72  7hh7 the ranking minority   
member of the ,committee on ,science1   
,space1 and ,technology of the ,house of
 ,representatives 7or a designee72 and  
7ii7 the ,secretary 7or a designee74    
7,,ii7 ,designees ,a designee under     
subclause 7,i7 shall be a member of the 
staff of the applicable chair1 ranking  

minority member1 or ,secretary4  7ii7   
,permanent members  7,i7 ,termination   
,on the appointment of appointed members
 of the ,board under subparagraph 7,c71 
the terms of service of the ex-officio  
members of the ,board described in items
 7aa7 through 7hh7 of clause 7i77,i7    
shall terminate4  7,,ii7 ,permanent     
member ,the ,secretary shall serve as a 
permanent ex-officio member of the      
,board4  7iii7 ,nonvoting members ,the  
ex-officio members of the ,board shall  
be nonvoting members4  7,c7 ,appointed  
members  7i7 ,in general ,the appointed 
members of the ,board shall be composed 
of #aa individuals1 which shall include 
not fewer than #a but not more than #e  
representatives of each of--  7,i7 the  
academic community2  7,,ii7 the business
 community2  7,,iii7 nonprofit          
organizations2  7,,iv7 the communities  
surrounding the laboratories and        
facilities of the ,department of        
,energy2 and  7,v7 the technology       
transfer and commercialization          

community4  7ii7 ,method of appointment 
7,i7 ,in general ,not later than #ij    
days after the date of enactment of this
 ,act1 the ex-officio members of the    
,board shall select from a list of      
candidates1 to be provided by1 at the   
discretion of the ,secretary1 the       
,secretary of ,energy ,advisory ,board  
or the ,national ,academy of ,sciences1 
individuals for appointment as members  
of the ,board4  7,,ii7 ,vote ,for the   
initial membership of the ,board1 an    
individual selected for appointment     
under subclause 7,i7 shall be appointed 
on a vote of not fewer than #c_/e of the
 initial ex-officio members of the      
,board4  7iii7 ,restriction on          
membership ,no employee of the          
,department of ,energy shall be         
appointed as a member of the ,board4    
7iv7 ,amendment to number of appointed  
members ,the ,board1 through amendments 
to the bylaws of the ,foundation1 may   
provide that the number of appointed    
members of the ,board shall be greater  

than the number specified in clause 7i74
  7,d7 ,terms and vacancies  7i7 ,terms 
7,i7 ,in general ,except as provided in 
subclause 7,,ii71 the term of service of
 each appointed member of the ,board    
shall be #e years4  7,,ii7 ,initial     
appointed members ,the term of service  
for each initial appointed member of the
 ,board shall be-- 7aa7 determined by   
the initial ex-officio members of the   
,board and the initial ,chair to ensure 
that the continuity of representation of
 board members from each of the areas   
described in subclauses 7,i7 through    
7,v7 of subparagraph 7,c77i72 and  7bb7 
for a term of either #c or #d years4    
7ii7 ,vacancies  7,i7 ,in general ,any  
vacancy in the membership of the        
appointed members of the ,board--  7aa7 
shall be filled in accordance with the  
bylaws of the ,foundation established   
under subsection 7d77#a77;,b72 and  7bb7
 shall not affect the power of the      
remaining appointed members to execute  
the duties of the ,board4  7,,ii7       

,filling unexpired term ,an individual  
appointed to fill a vacancy shall be    
appointed for the unexpired term of the 
member replaced4  7,,iii7 ,service until
 vacancy filled ,an appointed member of 
the ,board may continue to serve on the 
,board after the expiration of the term 
of the member until a successor is      
appointed4  7#b7 ,chair  7,a7 ,initial  
chair ,the initial ,chair of the ,board 
shall be an initial ex-officio member   
elected by the initial ex-officio       
members of the ,board for a #c-year term
 that shall expire on the appointment of
 the next ,chair4  7,b7 ,chair after    
members are appointed ,on the           
termination of the term of service of   
the initial ,chair under subparagraph   
7,a71 the appointed members of the      
,board shall elect an appointed member  
of the ,board to serve as the ,chair1   
who shall serve as the ,chair for the   
entire remaining term of service of that
 member4  7#c7 ,compensation  7,a7 ,in  
general ,members of the ,board may not  

receive compensation for service on the 
,board4  7,b7 ,certain expenses ,in     
accordance with the bylaws of the       
,foundation1 members of the ,board may  
be reimbursed for travel expenses1      
including per diem in lieu of           
subsistence1 and other necessary        
expenses incurred in carrying out the   
duties of the ,board4  7d7 ,meetings and
 quorum  7#a7 ,meetings ,not later than 
#ahj days after the establishment of the
 appointed ,board1 the initial appointed
 members of the ,board shall--  7,a7    
serve as incorporators2 and  7,b7 take  
such actions as are necessary--  7i7 to 
incorporate the ,foundation2  7ii7 to   
establish the bylaws of the ,foundation2
  7iii7 to establish the general        
policies of the ,foundation for carrying
 out the purpose described in subsection
 7b77#a72 and  7iv7 to appoint the      
members of the ,board in accordance with
 subsection 7c77#a77;,c77ii74  7#b7     
,quorum ,a majority of the members of   
the ,board shall constitute a quorum for

 purposes of conducting the business of 
the ,board4  7e7 ,certain bylaws  7#a7  
,in general ,the ,board shall include in
 the bylaws of the ,foundation          
established under subsection            
7d77#a77;,b7 the following policies3    
7,a7 ,policies for the selection of the 
officers1 employees1 agents1 and        
contractors of the ,foundation4  7,b7   
,policies1 including ethical standards1 
for the acceptance1 solicitation1 and   
disposition of gifts1 grants1 and other 
donations to the ,foundation1 which     
shall require that--  7i7 officers1     
employees1 agents1 and contractors of   
the ,foundation 7including members of   
the ,board7 avoid encumbrances that     
would result in a conflict of interest1 
including a financial conflict of       
interest or a divided allegiance2 and   
7ii7 information concerning any         
ownership or controlling interest in any
 entity related to the activities of the
 ,foundation be disclosed by officers1  
employees1 agents1 and contractors of   

the ,foundation 7including members of   
the ,board7 and the relatives 7as       
defined in section #aji of the ,ethics  
in ,government ,act of #aigh 7#e        
,u4,s4,c4 ,app477 of the officers1      
employees1 agents1 contractors1 and     
members4  7,c7 ,policies for the        
disposition of the assets of the        
,foundation4  7,d7 ,policies for the    
conduct of the general operations of the
 ,foundation4  7,e7 ,policies for       
writing1 editing1 printing1 publishing1 
and vending of books and other          
materials4  7#b7 ,requirements ,in      
establishing the bylaws of the          
,foundation1 the ,board shall ensure    
that the bylaws of the ,foundation and  
the activities carried out under the    
bylaws of the ,foundation shall not--   
7,a7 reflect unfavorably on the ability 
of the ,foundation or the ,secretary to 
carry out responsibilities or official  
duties in a fair and objective manner2  
or  7,b7 compromise1 or appear to       
compromise1 the integrity of any agency 

or program of the ,federal ,government1 
or any officer or employee involved in  
the program4  7f7 ,powers and duties    
7#a7 ,operation under direction of      
,board ,the ,foundation shall operate   
under the direction of the ,board4  7#b7
 ,executive director  7,a7 ,in general  
,an ,executive ,director of the         
,foundation shall be--  7i7 appointed   
by1 and serve at the pleasure of1 the   
,board2 and  7ii7 responsible for--     
7,i7 the day-to-day operations of the   
,foundation2 and  7,,ii7 such specific  
duties and responsibilities as the      
,board may prescribe4  7,b7             
,compensation ,the rate of compensation 
of the ,executive ,director shall be    
fixed by the ,board4  7#c7 ,corporate   
seal ,the ,foundation may adopt1 alter1 
and use a corporate seal1 which shall be
 judicially noticed4  7#d7 ,officers1   
employees1 and agents ,the ,foundation  
may-- 7,a7 hire1 promote1 compensate1   
and discharge officers1 employees1      
agents1 and contractors2  7,b7 define   

the duties of the officers1 employees1  
agents1 and contractors2  7,c7 require  
surety bonds or make other provisions   
against losses occasioned by acts of the
 officers1 employees1 agents1 or        
contractors2  7,d7 with the consent of  
any ,federal agency1 use the            
information1 services1 staff1 and       
facilities of the agency2 and  7,e7     
appoint other groups of advisors as may 
be determined necessary4  7#e7 ,other   
powers ,the ,foundation may--  7,a7     
modify or consent to the modification of
 any contract or agreement to which the 
,foundation is a party or in which the  
,foundation has an interest2  7,b7 enter
 into contracts with public and private 
organizations for the writing1 editing1 
printing1 and publishing of books and   
other material2  7,c7 take such action  
as may be necessary to obtain patents   
and licenses for devices and procedures 
developed by the ,foundation2  7,d7     
enter into contracts1 leases1           
cooperative agreements1 and other       

transactions as the ,executive ,director
 considers appropriate to conduct the   
activities of the ,foundation2  7,e7    
solicit1 accept1 hold1 administer1      
invest1 and spend any gift1 devise1 or  
bequest of real or personal property    
made to the ,foundation2  7,f7 sue and  
be sued in its corporate name and       
complain and defend itself in any court 
of competent jurisdiction2 and  7,g7    
exercise such other powers1 including   
incidental powers1 as are necessary to  
carry out the powers1 duties1 and       
functions of the ,foundation under this 
,act4  7#f7 ,fees ,the ,foundation may  
assess fees for the provision of        
professional1 administrative1 and       
management services by the ,foundation  
in amounts determined reasonable and    
appropriate by the ,executive ,director4
  7g7 ,incorporation ,the initial       
members of the ,board shall serve as    
incorporators and shall take any actions
 necessary to incorporate the           
,foundation4  7h7 ,nonprofit status ,the

 ,foundation shall be considered to be  
an organization described in section    
#eja7;c7 of the ,internal ,revenue ,code
 of #aihf1 and exempt from taxation     
under section #eja7;a7 of such ,code4   
7i7 ,general provisions  7#a7           
,foundation integrity ,the ,board       
shall-- 7,a7 be accountable for the     
integrity of the operations of the      
,foundation2 and  7,b7 ensure that      
integrity through the development and   
enforcement of criteria and procedures  
relating to--  7i7 standards of conduct2
  7ii7 financial disclosure statements2 
7iii7 conflicts of interest2  7iv7      
recusals and waivers2  7v7 audits2 and  
7vi7 other matters determined           
appropriate by the ,board4  7#b7        
,financial conflicts of interest ,any   
individual who is an officer1 employee1 
or member of the ,board shall not1 in   
accordance with the policies established
 under subsection 7e77#a77;,b77ii71     
personally or substantially participate 
in the consideration or determination by

 the ,board of any matter that would    
directly and foreseeably affect any     
financial interest of--  7,a7 the       
individual2  7,b7 a relative 7as defined
 in section #aji of the ,ethics in      
,government ,act of #aigh 7#e ,u4,s4,c4 
,app477 of the individual2 or  7,c7 any 
business organization or other entity-- 
7i7 of which the individual is an       
officer or employee2  7ii7 of which the 
individual is negotiating for           
employment2 or  7iii7 in which the      
individual has any other financial      
interest4  7#c7 ,audits2 availability of
 records ,the ,board shall-- 7,a7       
conduct annual audits of the financial  
condition of the ,foundation2 and  7,b7 
make those audits1 and all other        
records1 documents1 and other papers of 
the ,foundation1 available to the       
,secretary and the ,comptroller ,general
 of the ,united ,states for examination 
or audit4  7#d7 ,reports  7,a7 ,in      
general ,not later than #aej days after 
the end of each fiscal year1 the ,board 

shall publish a report describing the   
activities of the ,foundation during the
 preceding fiscal year4  7,b7 ,contents 
,each report published under            
subparagraph 7,a7 shall include1 for the
 applicable fiscal year-- 7i7 a         
comprehensive statement of the          
operations1 activities1 financial       
condition1 and accomplishments of the   
,foundation1 including an accounting of 
the use of amounts transferred under    
subsection 7k77#a72 and  7ii7 with      
respect to the financial condition of   
the ,foundation-- 7,i7 the source1 and a
 description1 of each gift or grant of  
real or personal property to the        
,foundation2  7,,ii7 the source and     
amount of each cash gift or grant to the
 ,foundation2 and  7,,iii7 a            
specification of any restrictions on the
 purposes for which the gifts and grants
 described in subclauses 7,i7 and 7,,ii7
 may be used4  7,c7 ,availability ,the  
,board shall-- 7i7 make copies of each  
report submitted under subparagraph 7,a7

 available--  7,i7 for public           
inspection2 and  7,,ii7 to the          
appropriate committees of ,congress2 and
  7ii7 on request1 provide a copy of any
 report submitted under subparagraph    
7,a7 to any individual for a charge that
 shall not exceed the cost of providing 
the copy4  7,d7 ,public meeting ,the    
,board shall annually hold a public     
meeting-- 7i7 to summarize the          
activities of the ,foundation2 and  7ii7
 to distribute written reports          
describing-- 7,i7 those activities2 and 
7,,ii7 the scientific results derived   
from those activities4  7#e7 ,service of
 ,federal employees ,a ,federal employee
 may serve on a committee advisory to   
the ,foundation and otherwise cooperate 
with and assist the ,foundation in      
carrying out this ,act1 subject to the  
condition that the ,federal employee    
shall not direct or control any activity
 of the ,foundation4  7#f7 ,relationship
 with existing entities ,the ,board may1
 in accordance with appropriate         

agreements1 merge the ,foundation with1 
acquire1 or use the resources of an     
existing nonprofit private corporation  
that has a mission similar to the       
purpose of the ,foundation described in 
subsection 7b77#a74  7#g7 ,intellectual 
property rights ,the ,board shall adopt 
written standards with respect to the   
ownership of any intellectual property  
rights derived from the collaborative   
efforts of the ,foundation before the   
commencement of any collaborative       
efforts4  7#h7 ,transfer of funds ,the  
,board may transfer amounts to the      
,secretary1 and the ,secretary may      
accept transfers of amounts from the    
,foundation4  7j7 ,support services ,the
 ,secretary may provide facilities1     
utilities1 and support services to the  
,foundation if it is determined by the  
,secretary to be advantageous to the    
research programs of the ,department of 
,energy4  7k7 ,authorization of         
appropriations ,there are authorized to 
be appropriated to carry out this       

section such sums as are necessary for  
fiscal year #bjah and each fiscal year  
thereafter4  #d4 ,establishment of      
for-profit subsidiaries  7a7            
,establishment ,the ,board may establish
 one or more for-profit subsidiaries1   
which may include an impact investment  
fund--  7#a7 to stimulate economic      
development activities relating to the  
purpose of the ,foundation described in 
section #c7;b77#a72 and  7#b7 to attract
 for-profit investment partners for     
technology translation and              
commercialization activities4  7b7      
,authorities of the for-,profit         
subsidiary  7#a7 ,in general ,subject to
 paragraph 7#b71 a for-profit subsidiary
 established under subsection 7a7 may-- 
7,a7 enter partnerships with economic   
development corporations1 including     
incubators1 accelerators1 and small     
business investment companies2  7,b7 pay
 for the cost of building and           
administering facilities1 including     
microlabs and incubators1 to support the

 activities of the ,foundation described
 in section #c7;b77#b72 and  7,c7       
provide funding to startups4  7#b7 ,cost
 recovery requirements ,a for-profit    
subsidiary established under subsection 
7a7 shall--  7,a7 ensure that the       
,foundation owns any intellectual       
property rights generated through       
activities funded by the for-profit     
subsidiary1 if appropriate2 and  7,b7   
own an equity stake in any startup      
invested in by the for-profit           
subsidiary4