,,ii  #aaith ,,congress  #ast ,session  
,s4 #bfif  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #c1 
#bjbe,mr4 ,padilla 7for himself and ,mr4
 ,young7 introduced the following bill2 
which was read twice and referred to the
 ,committee on ,health1 ,education1     
,labor1 and ,pensions  ,a ,,bill  ,to   
establish a ,foundation for ,enabling   
,biotechnology ,innovation4  #a4 ,short 
title ,this ,act may be cited as the    
,foundation for ,enabling ,biotechnology
 ,innovation ,act4  #b4 ,foundation for 
,enabling ,biotechnology ,innovation    
7a7 ,establishment ,the ,director of the
 ,national ,science ,foundation shall   
establish a nonprofit foundation to be  
known as the ,foundation for ,enabling  
,biotechnology ,innovation4  7b7        
,mission ,the mission of the ,foundation
 for ,enabling ,biotechnology           
,innovation 7referred to in this ,act as
 the ,foundation7 shall be to accelerate
 commercialization of biotechnology     
products in the ,united ,states by      

supporting and enhancing the capacity of
 ,federal agencies and fostering        
collaboration across sectors4  7c7      
,activities ,in carrying out its mission
 under subsection 7b71 the ,foundation  
may carry out the following3 7#a7       
,promote public-private partnerships    
that leverage expertise and resources   
across sectors to foster innovation and 
address challenges in commercialization 
of biotechnology products4  7#b7        
,convene relevant stakeholders to       
develop expert recommendations on       
biotechnology commercialization1        
including horizon scanning for emerging 
technologies and regulation of novel    
products that may be commercialized in  
the future4  7#c7 ,advance collaboration
 and dialogue between ,federal agencies 
that contribute to commercialization of 
biotechnology and relevant stakeholders1
 including industry1 institutions of    
higher education1 and nonprofit and     
philanthropic organizations4  7#d7      
,support and conduct public engagement1 

education1 and outreach activities about
 innovation1 regulation1                
commercialization1 and use of           
biotechnology products1 including to    
evaluate efficacy of communication      
methods4  7#e7 ,facilitate market access
 for ,united ,states biotechnology      
products1 including through             
international engagement1 commercial and
 regulatory diplomacy1 and development  
of shared norms and standards4  7#f7    
,support studies1 projects1 and research
 on topics such as market acceptance and
 regulatory process improvement1        
including through direct funding1       
grants1 competitions1 and other methods4
  7#g7 ,develop and implement education 
and fellowship programs1 which may      
include-- 7,a7 short courses on         
biotechnology product commercialization2
  7,b7 shadowing experiences with       
relevant ,federal agencies2  7,c7       
capstone projects1 in which participants
 develop ideas to advance biotechnology 
commercialization2 and  7,d7 support for

 participants such as stipends1 travel1 
health insurance1 professional          
development1 and other appropriate      
expenditures as determined appropriate  
by the ,foundation4  7#h7 ,provide      
direct support to ,federal agencies for 
discrete or ongoing projects4  7#i7     
,conduct other activities as determined 
necessary by the ,foundation to carry   
out its mission4  7d7 ,limitation ,the  
,foundation shall not be an agency or   
instrumentality of the ,federal         
,government and the ,foundation shall   
not conduct any regulation of           
biotechnology products or any other     
products4  7e7 ,support ,the ,foundation
 may receive1 administer1 solicit1      
accept1 and use funds1 gifts1 devises1  
or bequests1 either absolutely or in    
trust of real or personal property or   
any income therefrom or other interest  
therein to support activities under     
subsection 7c71 except that this        
subsection shall not apply if any of    
such is from a foreign country of       

concern or a foreign entity of concern4 
7f7 ,tax exempt status ,the ,board of   
the ,foundation for ,enabling           
,biotechnology ,innovation shall take   
all necessary and appropriate steps to  
ensure the ,foundation is 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   
7g7 ,board of directors  7#a7           
,establishment ,the ,foundation for     
,enabling ,biotechnology ,innovation    
shall be governed by a ,board of        
,directors 7referred to in this section 
as the ,board74  7#b7 ,composition ,the 
,board shall be composed of the         
following3 7,a7 ,not fewer than #e      
voting members described in paragraph   
7#d74  7,b7 ,ex officio nonvoting       
members described in paragraph 7#e74    
7#c7 ,initial members ,the ,director of 
the ,national ,science ,foundation      
shall-- 7,a7 seek to enter into an      
agreement with the ,national ,academies 

of ,sciences1 ,engineering1 and         
,medicine to develop a list of          
individuals to serve as members of the  
,board who are well-qualified and meet  
the requirements in paragraph 7#d72 and 
7,b7 appoint the initial members of the 
,board from such list not later than    
#ahj days after the date of enactment of
 this ,act4  7#d7 ,voting members  7,a7 
,representation ,the voting members of  
the ,board shall be drawn from a broad  
cross-section of stakeholders across    
sectors1 regions1 and communities1      
including from institutions of higher   
education1 industry1 and nonprofit and  
philanthropic organizations4  7,b7      
,experience ,the voting members of the  
,board shall have the experience and    
qualifications to provide advice and    
information to advance the mission of   
the ,foundation for ,enabling           
,biotechnology ,innovation4  7,c7       
,federal employees ,no employee of the  
,federal ,government may be appointed as
 a voting member of the ,board4  7#e7   

,nonvoting members  7,a7 ,ex officio    
members ,the ex officio members of the  
,board shall be designated by-- 7i7 the 
,director of the ,national ,science     
,foundation2  7ii7 the ,secretary of    
,defense2  7iii7 the ,secretary of      
,agriculture2  7iv7 the ,secretary of   
,health and ,human ,services2  7v7 the  
,administrator of the ,environmental    
,protection ,agency2 and  7vi7 the heads
 of other agencies1 as agreed upon by   
the ,board4  7,b7 ,no voting power ,the 
ex officio members described in         
subparagraph 7,a7 shall not have voting 
power on the ,board4  7#f7 ,chair and   
vice chair  7,a7 ,in general ,the ,board
 shall designate1 from among its voting 
members-- 7i7 an individual to serve as 
the ,chair of the ,board2 and  7ii7 an  
individual to serve as the ,vice ,chair 
of the ,board4  7,b7 ,terms ,the term of
 service of the ,chair and ,vice ,chair 
of the ,board shall end on the earlier  
of-- 7i7 the date that is #c years after
 the date on which the ,chair or ,vice  

,chair of the ,board is designated for  
the respective position2 or  7ii7 the   
last day of the term of service of the  
member1 as determined under paragraph   
7#g71 who is designated to be ,chair or 
,vice ,chair of the ,board4  7,c7       
,representation ,the ,chair and ,vice   
,chair of the ,board may not be         
representatives of the same area of     
subject matter expertise or entity4     
7#g7 ,terms and vacancies  7,a7 ,term   
limits ,the term of office of each      
voting member of the ,board shall be not
 more than #e years1 except that a      
member of the ,board may continue to    
serve after the expiration of their     
term1 if no new member is appointed to  
replace the departing ,board member4    
7,b7 ,initial members ,of the initial   
members of the ,board appointed under   
paragraph 7#c71 half of such members    
shall serve for #d years and half of    
such members shall serve for #e years1  
as determined by the ,chair of the      
,board4  7,c7 ,vacancies ,any vacancy in

 the voting membership of the ,board--  
7i7 shall be filled in accordance with  
the bylaws of the ,foundation by        
individuals who are well qualified and  
meet the requirements in paragraph 7#d72
  7ii7 shall not affect the power of the
 remaining members to carry out the     
duties of the ,board2 and  7iii7 shall  
be filled by an individual selected by  
the ,board4  7,d7 ,renewal ,board       
members may be renewed for additional   
terms1 as long as the individual        
continues to meet the requirements in   
paragraph 7#d74  7#h7 ,quorum ,a        
majority of the voting members of the   
,board shall constitute a quorum for the
 purposes of conducting the business of 
the ,board4  7#i7 ,duties ,the ,board   
shall carry out the following3 7,a7     
,establish bylaws for the ,foundation in
 accordance with paragraph 7#aj74  7,b7 
,provide overall direction for the      
activities of the ,foundation and       
establish priority activities4  7,c7    
,coordinate with the ,director of the   

,national ,science ,foundation regarding
 the activities of the ,foundation for  
,enabling ,biotechnology ,innovation to 
ensure consistency with the programs and
 policies of the ,national ,science     
,foundation and other ,federal agencies4
  7,d7 ,evaluate the performance of the 
,chief ,executive ,officer of the       
,foundation4  7,e7 ,actively solicit and
 accept funds1 gifts1 grants1 devises1  
or bequests of real or personal property
 to the ,foundation1 including from     
private entities4  7,f7 ,carry out any  
other necessary activities of the       
,foundation4  7#aj7 ,bylaws ,the ,board 
shall establish bylaws for the          
,foundation1 ensuring that-- 7,a7 the   
bylaws of the ,foundation shall         
include-- 7i7 policies for the selection
 of the ,board members1 officers1       
employees1 agents1 and contractors of   
the ,foundation2  7ii7 policies1        
including ethical and disclosure        
standards1 including-- 7,i7 the         
acceptance1 solicitation1 and           

disposition of donations and grants to  
the ,foundation1 including appropriate  
limits on the ability of donors to      
designate1 by stipulation or            
restriction1 the use or recipient of    
donated funds2 and  7,,ii7 the          
disposition of assets of the            
,foundation2  7iii7 policies that       
subject all employees1 fellows1         
trainees1 and other agents of the       
,foundation 7including appointed voting 
members and ex officio members of the   
,board7 to conflict-of-interest         
standards2 and  7iv7 the specific duties
 of the ,chief ,executive ,officer of   
the ,foundation2 and  7,b7 the bylaws of
 the ,foundation and activities carried 
out under such bylaws do not-- 7i7      
reflect unfavorably upon the ability of 
the ,foundation to carry out its        
responsibilities or official duties in a
 fair and objective manner2 or  7ii7    
compromise1 or appear to compromise1 the
 integrity of any ,federal ,governmental
 agency or program1 or any officer or   

employee employed by1 or involved in a  
,federal ,governmental agency or        
program4  7#aa7 ,compensation  7,a7 ,in 
general ,members of the ,board may not  
receive compensation for serving 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           
subsistence and other necessary expenses
 incurred in carrying out the duties of 
the ,board4  7#ab7 ,personal liability  
,the members of the ,board shall not be 
personally liable for carrying out the  
duties of the ,board1 except for        
malfeasance4  7h7 ,administration  7#a7 
,chief executive officer  7,a7 ,in      
general ,the ,foundation shall have a   
,chief ,executive ,officer who shall be 
appointed by the ,board1 and who shall  
serve at the pleasure of the ,board1 and
 for whom the ,board shall establish the
 rate of compensation4  7,b7 ,duties    
,subject to the bylaws established under

 subsection 7g77#aj71 the ,chief        
,executive ,officer shall be responsible
 for-- 7i7 carrying out the activities  
of the ,foundation under subsection 7c72
  7ii7 hiring1 promoting1 compensating1 
and discharging officers and employees  
of the ,foundation and defining the     
duties of such officers and employees2  
7iii7 accepting and administering       
donations to the ,foundation and        
administering the assets of the         
,foundation2  7iv7 entering into        
contracts and executing legal           
instruments as appropriate in carrying  
out the activities of the ,foundation2  
and  7v7 performing other functions as  
necessary to operate the ,foundation4   
7#b7 ,strategic plan ,not later than #a 
year after the appointment of the ,chief
 ,executive ,officer1 the ,foundation   
shall submit to the ,director of the    
,national ,science ,foundation1 the     
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate1 and the 
,committee on ,science1 ,space1 and     

,technology of the ,house of            
,representatives a strategic plan that  
contains the following3 7,a7 ,a plan for
 the ,foundation to become financially  
self-sustaining not later than #e years 
after the submission of the strategic   
plan1 aside from regular appropriations4
  7,b7 ,short- and long-term objectives 
of the ,foundation1 as identified by the
 ,board4  7,c7 ,the efforts the         
,foundation will take to be transparent 
in the processes of the ,foundation4    
7,d7 ,the financial goals and benchmarks
 of the ,foundation for the #aj years   
following the submission of the         
strategic plan4  7,e7 ,the efforts the  
,foundation will make to ensure maximum 
complementarity and minimum redundancy  
with ,federal activities related to     
biotechnology commercialization4  7#c7  
,report  7,a7 ,in general ,not later    
than #ah months after the appointment of
 the ,chief ,executive ,officer1 and not
 later than ,february #a of each year   
thereafter1 the ,foundation shall       

publish a report describing the         
activities of the ,foundation during the
 immediately preceding fiscal year that 
includes the accomplishments1           
operations1 activities1 and financial   
condition of the ,foundation4  7,b7     
,financial condition ,each such report  
shall include a comprehensive statement 
of all support provided to the          
,foundation1 including funds1 gifts1    
grants1 devises1 or bequests of real or 
personal property1 and describing the   
amount of support from each person or   
entity1 the persons or entities from    
which such support is received1 and any 
restrictions on the purposes for which  
such support may be used4  7,c7         
,publication ,the ,foundation shall make
 copies of each report submitted under  
this paragraph available-- 7i7 to the   
,director of the ,national ,science     
,foundation1 the ,committee on          
,commerce1 ,science1 and ,transportation
 of the ,senate1 and the ,committee on  
,science1 ,space1 and ,technology of the

 ,house of ,representatives2 and  7ii7  
for public inspection1 and shall upon   
request1 provide a copy of the report to
 any individual for a charge not to     
exceed the cost of providing such copy4 
7#d7 ,audits and disclosure ,the        
,foundation shall-- 7,a7 provide for    
annual audits of the financial condition
 of the ,foundation1 including a full   
list of the ,foundation's donors and any
 restrictions on the purposes for which 
gifts to the ,foundation may be used2   
and  7,b7 make such audits1 and all     
other records1 documents1 and other     
papers of the ,foundation1 available to 
the ,director of the ,national ,science 
,foundation and the ,comptroller        
,general of the ,united ,states for     
examination or audit4  7#e7 ,transfer of
 funds ,the ,foundation may transfer    
funds and property to ,federal agencies 
that contribute to commercialization of 
biotechnology1 which those agencies may 
accept and use to further the mission of
 the ,foundation as described in        

subsection 7b74  7i7 ,integrity  7#a7   
,in general ,to ensure integrity in the 
operations of the ,foundation1 the      
,board shall develop and enforce        
procedures relating to standards of     
conduct1 financial disclosure           
statements1 conflicts of interest       
7including recusal and waiver rules71   
audits1 and any other matters determined
 appropriate by the ,board4  7#b7       
,conflicts of interest ,to mitigate     
conflicts of interest1 any individual   
who is an officer1 employee1 or member  
of the ,board is prohibited from any    
participation in deliberations by the   
,foundation of a matter that would      
directly or predictably affect any      
financial interest of any of the        
following3 7,a7 ,such individual4  7,b7 
,a relative of such individual4  7,c7 ,a
 business organization or other entity  
in which such individual has an         
interest1 including an organization or  
other entity with which such individual 
is negotiating employment4  7#c7        

,citizenship ,to mitigate risks from    
malign foreign influence1 any individual
 who is an officer1 employee1 or member 
of the ,board shall be-- 7,a7 a citizen 
or national 7as defined in section #aja 
of the ,immigration and ,nationality    
,act 7#h ,u4,s4,c4 #aaja7;a777 of the   
,united ,states2  7,b7 an alien admitted
 to the ,united ,states as a refugee    
under section #bjg of the ,immigration  
and ,nationality ,act 7#h ,u4,s4,c4     
#aaeg72 or  7,c7 an alien lawfully      
admitted for permanent residence 7as    
defined in section #aja of the          
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a7774  7j7             
,intellectual property ,the ,board shall
 adopt written standards to govern the  
ownership and licensing of any          
intellectual property rights developed  
by the ,foundation or derived from the  
collaborative efforts of the            
,foundation4  7k7 ,full faith and credit
 ,the ,united ,states shall not be      
liable for any debts1 defaults1 acts1 or

 omissions of the ,foundation4 ,the full
 faith and credit of the ,united ,states
 shall not extend to any obligations of 
the ,foundation4  7l7 ,support services 
,the ,director of the ,national ,science
 ,foundation may provide facilities1    
utilities1 and support services to the  
,foundation4  7m7 ,non-,applicability   
,chapters #e and #aj of title #e1       
,united ,states ,code1 shall not apply  
to the ,foundation4  7n7 ,separate fund 
accounts ,the ,board shall ensure that  
amounts received pursuant to the        
authorization of appropriations under   
subsection 7o7 are held in a separate   
account from any other funds received by
 the ,foundation4  7o7 ,authorization of
 appropriations  7#a7 ,national ,science
 ,foundation ,there are authorized to be
 appropriated to the ,director of the   
,national ,science ,foundation          
#d1jjj1jjj for fiscal year #bjbf1 and   
every subsequent year to carry out this 
section4  7#b7 ,foundation for enabling 
biotechnology innovation ,from amounts  

appropriated to the ,national ,science  
,foundation for each fiscal year1 the   
,director of the ,national ,science     
,foundation shall transfer not less than
 #d1jjj1jjj per year to the ,foundation4
  7p7 ,definitions ,in this section3    
7#a7 ,board ,the term ,board means the  
,board of ,directors of the ,foundation1
 established pursuant to subsection 7g74
  7#b7 ,foreign country of concern ,the 
term foreign country of concern has the 
meaning given such term in section      
#ajfch of the ,research and             
,development1 ,competition1 and         
,innovation ,act 7#db ,u4,s4,c4 #aibcg2 
enacted as part of division ,b of       
,public ,law #aag-afg74  7#c7 ,foreign  
entity of concern ,the term foreign     
entity of concern has the meaning given 
such term in section #ajfch of the      
,research and ,development1             
,competition1 and ,innovation ,act 7#db 
,u4,s4,c4 #aibcg2 enacted as part of    
division ,b of ,public ,law #aag-afg74  
7#d7 ,foundation ,the term ,foundation  

means the ,foundation for ,enabling     
,biotechnology ,innovation established  
pursuant to subsection 7a74  7#e7       
,institution of higher education ,the   
term institution of higher education has
 the meaning given such term in section 
#aja of the ,higher ,education ,act of  
#aife 7#bj ,u4,s4,c4 #ajja74  7#f7      
,relative ,the term relative has the    
meaning given such term in section      
#acaja of title #e1 ,united ,states     
,code4