II 

115TH CONGRESS 

1ST SESSION S. 2257 

To establish the IMPACT for Energy Foundation. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 20, 2017 

Mr. COONS (for himself and Mr. GRAHAM) introduced the following bill; which 

was read twice and referred to the Committee on Energy and Natural 

Resources 

A BILL 

To establish the IMPACT for Energy Foundation. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Increasing and Mobi5 lizing Partnerships to Achieve Commercialization of Tech6 nologies for Energy Act’’ or the ‘‘IMPACT for Energy 

7 Act’’. 

8 SEC. 2. DEFINITIONS. 

9 In this Act: 


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1 (1) BOARD.—The term ‘‘Board’’ means the 

2 Board of Directors for the Foundation described in 

3 section 3(c). 

4 (2) CHAIR.—The term ‘‘Chair’’ means the 

5 Chair of the Board described in section 3(c)(2). 

6 (3) EXECUTIVE DIRECTOR.—The term ‘‘Execu7 tive Director’’ means the Executive Director of the 

8 Board described in section 3(f)(2). 

9 (4) FOUNDATION.—The term ‘‘Foundation’’ 

10 means the IMPACT for Energy Foundation estab11 lished under section 3(a). 

12 (5) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Energy. 

14 SEC. 3. ESTABLISHMENT OF IMPACT FOR ENERGY FOUNDA15 TION. 

16 (a) ESTABLISHMENT.— 

17 (1) IN GENERAL.—Not later than February 1, 

18 2019, the Secretary shall establish a nonprofit cor19 poration to be known as the ‘‘IMPACT for Energy 

20 Foundation’’. 

21 (2) LIMITATION.—The Foundation shall not be 

22 an agency or instrumentality of the Federal Govern23 ment. 

24 (b) PURPOSE AND ACTIVITIES OF FOUNDATION.— 


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1 (1) PURPOSE.—The purpose of the Foundation 

2 is to provide a mechanism to channel private sector 

3 investments that support efforts to create, develop, 

4 and commercialize innovative technologies that ad5 dress energy challenges, by methods that include— 

6 (A) fostering collaboration and partner7 ships with energy researchers from the Federal 

8 Government, State governments, institutions of 

9 higher education, federally funded research and 

10 development centers, industry, and nonprofit 

11 organizations for the research, development, or 

12 commercialization of transformative energy 

13 technologies; 

14 (B) leveraging technologies to support new 

15 product development that supports regional eco16 nomic development; and 

17 (C) administering prize competitions to ac18 celerate private sector competition and invest19 ment. 

20 (2) ACTIVITIES.— 

21 (A) IN GENERAL.—The Foundation may 

22 solicit and accept gifts, grants, and other dona23 tions, establish accounts, and invest and expend 

24 funds in support of the programs and activities 

25 described in subparagraphs (B) through (D). 


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1 (B) STUDIES, COMPETITIONS, AND

2 PROJECTS.—The Foundation may conduct and 

3 support studies, competitions, projects, re4 search, development, commercialization, and 

5 other activities that further the purpose of the 

6 Foundation described in paragraph (1). 

7 (C) FELLOWSHIPS AND GRANTS.— 

8 (i) IN GENERAL.—The Foundation 

9 may provide fellowships and grants to re10 cipients selected under clause (iii) for ac11 tivities relating to research, development, 

12 prototyping, maturing, or commercializing 

13 of energy technologies. 

14 (ii) USES OF FELLOWSHIPS AND

15 GRANTS.—A fellowship or grant under 

16 clause (i) may include stipends, travel, 

17 health insurance benefits, and other appro18 priate expenses. 

19 (iii) SELECTION.—The Executive Di20 rector shall select the recipient of a fellow21 ship or grant based on the technical and 

22 commercialization merits of the project. 

23 (iv) FEDERAL LABORATORIES.— 

24 (I) IN GENERAL.—Federal Lab25 oratories, including laboratories of the 


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1 Department of Energy, may apply for 

2 and accept grants under clause (i). 

3 (II) EFFECT.—A Federal labora4 tory that applies for or accepts a 

5 grant under subclause (I) shall not be 

6 considered to be engaging in a com7 petitive procedure. 

8 (D) SUPPLEMENTARY PROGRAMS.—The 

9 Foundation may carry out supplementary pro10 grams— 

11 (i) to conduct and support forums, 

12 meetings, conferences, courses, and train13 ing workshops consistent with the purpose 

14 of the Foundation described in paragraph 

15 (1); 

16 (ii) to support and encourage the un17 derstanding and development of— 

18 (I) data reporting models that 

19 promote the translation of tech20 nologies from the research stage, 

21 through development and maturation, 

22 and to the market; and 

23 (II) policies that make regulation 

24 more effective and efficient by 

25 leveraging the technology translation 


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1 data described in subclause (I) for the 

2 regulation of relevant technology sec3 tors; 

4 (iii) for writing, editing, printing, pub5 lishing, and vending books and other mate6 rials relating to research carried out under 

7 the Foundation; and 

8 (iv) to conduct other activities to 

9 carry out and support the purpose de10 scribed in paragraph (1). 

11 (E) AUTHORITY OF FOUNDATION.—The 

12 Foundation shall be the sole entity responsible 

13 for carrying out the activities described in this 

14 paragraph. 

15 (F) ADMINISTRATIVE CONTROL.—No par16 ticipant in a program under this paragraph or 

17 employee of the Foundation shall exercise any 

18 administrative control over any Federal em19 ployee. 

20 (c) BOARD OF DIRECTORS.— 

21 (1) MEMBERSHIP.— 

22 (A) IN GENERAL.—The Foundation shall 

23 operate under the direction of a Board of Di24 rectors, which shall be composed of— 


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1 (i) ex-officio members described in 

2 subparagraph (B); and 

3 (ii) appointed members described in 

4 subparagraph (C). 

5 (B) EX-OFFICIO MEMBERS.— 

6 (i) INITIAL MEMBERS.— 

7 (I) IN GENERAL.—Subject to 

8 subclause (II), the initial ex-officio 

9 members of the Board shall be— 

10 (aa) the chair of the Com11 mittee on Energy and Natural 

12 Resources of the Senate (or a 

13 designee); 

14 (bb) the ranking minority 

15 member of the Committee on En16 ergy and Natural Resources of 

17 the Senate (or a designee); 

18 (cc) the chair of the Com19 mittee on Energy and Commerce 

20 of the House of Representatives 

21 (or a designee); 

22 (dd) the ranking minority 

23 member of the Committee on En24 ergy and Commerce of the House 


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1 of Representatives (or a des2 ignee); 

3 (ee) the chair of the Com4 mittee on Environment and Pub5 lic Works of the Senate (or a 

6 designee); 

7 (ff) the ranking minority 

8 member of the Committee on En9 vironment and Public Works of 

10 the Senate (or a designee); 

11 (gg) the chair of the Com12 mittee on Science, Space, and 

13 Technology of the House of Rep14 resentatives (or a designee); 

15 (hh) the ranking minority 

16 member of the Committee on 

17 Science, Space, and Technology 

18 of the House of Representatives 

19 (or a designee); and 

20 (ii) the Secretary (or a des21 ignee). 

22 (II) DESIGNEES.—A designee 

23 under subclause (I) shall be a member 

24 of the staff of the applicable chair, 


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1 ranking minority member, or Sec2 retary. 

3 (ii) PERMANENT MEMBERS.— 

4 (I) TERMINATION.—On the ap5 pointment of appointed members of 

6 the Board under subparagraph (C), 

7 the terms of service of the ex-officio 

8 members of the Board described in 

9 items (aa) through (hh) of clause 

10 (i)(I) shall terminate. 

11 (II) PERMANENT MEMBER.—The 

12 Secretary shall serve as a permanent 

13 ex-officio member of the Board. 

14 (iii) NONVOTING MEMBERS.—The ex15 officio members of the Board shall be non16 voting members. 

17 (C) APPOINTED MEMBERS.— 

18 (i) IN GENERAL.—The appointed 

19 members of the Board shall be composed 

20 of 11 individuals, which shall include not 

21 fewer than 1 but not more than 5 rep22 resentatives of each of— 

23 (I) the academic community; 

24 (II) the business community; 

25 (III) nonprofit organizations; 


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1 (IV) the communities sur2 rounding the laboratories and facili3 ties of the Department of Energy; and 

4 (V) the technology transfer and 

5 commercialization community. 

6 (ii) METHOD OF APPOINTMENT.— 

7 (I) IN GENERAL.—Not later than 

8 90 days after the date of enactment of 

9 this Act, the ex-officio members of the 

10 Board shall select from a list of can11 didates, to be provided by, at the dis12 cretion of the Secretary, the Secretary 

13 of Energy Advisory Board or the Na14 tional Academy of Sciences, individ15 uals for appointment as members of 

16 the Board. 

17 (II) VOTE.—For the initial mem18 bership of the Board, an individual se19 lected for appointment under sub20 clause (I) shall be appointed on a vote 

of not fewer than 3 21 ⁄5 of the initial ex22 officio members of the Board. 

23 (iii) RESTRICTION ON MEMBERSHIP.— 

24 No employee of the Department of Energy 


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1 shall be appointed as a member of the 

2 Board. 

3 (iv) AMENDMENT TO NUMBER OF AP4 POINTED MEMBERS.—The Board, through 

5 amendments to the bylaws of the Founda6 tion, may provide that the number of ap7 pointed members of the Board shall be 

8 greater than the number specified in clause 

9 (i). 

10 (D) TERMS AND VACANCIES.— 

11 (i) TERMS.— 

12 (I) IN GENERAL.—Except as pro13 vided in subclause (II), the term of 

14 service of each appointed member of 

15 the Board shall be 5 years. 

16 (II) INITIAL APPOINTED MEM17 BERS.—The term of service for each 

18 initial appointed member of the Board 

19 shall be— 

20 (aa) determined by the ini21 tial ex-officio members of the 

22 Board and the initial Chair to 

23 ensure that the continuity of rep24 resentation of board members 

25 from each of the areas described 


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1 in subclauses (I) through (V) of 

2 subparagraph (C)(i); and 

3 (bb) for a term of either 3 

4 or 4 years. 

5 (ii) VACANCIES.— 

6 (I) IN GENERAL.—Any vacancy 

7 in the membership of the appointed 

8 members of the Board— 

9 (aa) shall be filled in accord10 ance with the bylaws of the 

11 Foundation established under 

12 subsection (d)(1)(B); and 

13 (bb) shall not affect the 

14 power of the remaining appointed 

15 members to execute the duties of 

16 the Board. 

17 (II) FILLING UNEXPIRED

18 TERM.—An individual appointed to fill 

19 a vacancy shall be appointed for the 

20 unexpired term of the member re21 placed. 

22 (III) SERVICE UNTIL VACANCY

23 FILLED.—An appointed member of 

24 the Board may continue to serve on 

25 the Board after the expiration of the 


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1 term of the member until a successor 

2 is appointed. 

3 (2) CHAIR.— 

4 (A) INITIAL CHAIR.—The initial Chair of 

5 the Board shall be an initial ex-officio member 

6 elected by the initial ex-officio members of the 

7 Board for a 3-year term that shall expire on the 

8 appointment of the next Chair. 

9 (B) CHAIR AFTER MEMBERS ARE AP10 POINTED.—On the termination of the term of 

11 service of the initial Chair under subparagraph 

12 (A), the appointed members of the Board shall 

13 elect an appointed member of the Board to 

14 serve as the Chair, who shall serve as the Chair 

15 for the entire remaining term of service of that 

16 member. 

17 (3) COMPENSATION.— 

18 (A) IN GENERAL.—Members of the Board 

19 may not receive compensation for service on the 

20 Board. 

21 (B) CERTAIN EXPENSES.—In accordance 

22 with the bylaws of the Foundation, members of 

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1 ence, and other necessary expenses incurred in 

2 carrying out the duties of the Board. 

3 (d) MEETINGS AND QUORUM.— 

4 (1) MEETINGS.—Not later than 180 days after 

5 the establishment of the appointed Board, the initial 

6 appointed members of the Board shall— 

7 (A) serve as incorporators; and 

8 (B) take such actions as are necessary— 

9 (i) to incorporate the Foundation; 

10 (ii) to establish the bylaws of the 

11 Foundation; 

12 (iii) to establish the general policies of 

13 the Foundation for carrying out the pur14 pose described in subsection (b)(1); and 

15 (iv) to appoint the members of the 

16 Board in accordance with subsection 

17 (c)(1)(C)(ii). 

18 (2) QUORUM.—A majority of the members of 

19 the Board shall constitute a quorum for purposes of 

20 conducting the business of the Board. 

21 (e) CERTAIN BYLAWS.— 

22 (1) IN GENERAL.—The Board shall include in 

23 the bylaws of the Foundation established under sub24 section (d)(1)(B) the following policies: 


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1 (A) Policies for the selection of the offi2 cers, employees, agents, and contractors of the 

3 Foundation. 

4 (B) Policies, including ethical standards, 

5 for the acceptance, solicitation, and disposition 

6 of gifts, grants, and other donations to the 

7 Foundation, which shall require that— 

8 (i) officers, employees, agents, and 

9 contractors of the Foundation (including 

10 members of the Board) avoid encum11 brances that would result in a conflict of 

12 interest, including a financial conflict of in13 terest or a divided allegiance; and 

14 (ii) information concerning any owner15 ship or controlling interest in any entity 

16 related to the activities of the Foundation 

17 be disclosed by officers, employees, agents, 

18 and contractors of the Foundation (includ19 ing members of the Board) and the rel20 atives (as defined in section 109 of the 

21 Ethics in Government Act of 1978 (5 

22 U.S.C. App.)) of the officers, employees, 

23 agents, contractors, and members. 

24 (C) Policies for the disposition of the as25 sets of the Foundation. 


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1 (D) Policies for the conduct of the general 

2 operations of the Foundation. 

3 (E) Policies for writing, editing, printing, 

4 publishing, and vending of books and other ma5 terials. 

6 (2) REQUIREMENTS.—In establishing the by7 laws of the Foundation, the Board shall ensure that 

8 the bylaws of the Foundation and the activities car9 ried out under the bylaws of the Foundation shall 

10 not— 

11 (A) reflect unfavorably on the ability of the 

12 Foundation or the Secretary to carry out re13 sponsibilities or official duties in a fair and ob14 jective manner; or 

15 (B) compromise, or appear to compromise, 

16 the integrity of any agency or program of the 

17 Federal Government, or any officer or employee 

18 involved in the program. 

19 (f) POWERS AND DUTIES.— 

20 (1) OPERATION UNDER DIRECTION OF

21 BOARD.—The Foundation shall operate under the 

22 direction of the Board. 

23 (2) EXECUTIVE DIRECTOR.— 

24 (A) IN GENERAL.—An Executive Director 

25 of the Foundation shall be— 


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1 (i) appointed by, and serve at the 

2 pleasure of, the Board; and 

3 (ii) responsible for— 

4 (I) the day-to-day operations of 

5 the Foundation; and 

6 (II) such specific duties and re7 sponsibilities as the Board may pre8 scribe. 

9 (B) COMPENSATION.—The rate of com10 pensation of the Executive Director shall be 

11 fixed by the Board. 

12 (3) CORPORATE SEAL.—The Foundation may 

13 adopt, alter, and use a corporate seal, which shall be 

14 judicially noticed. 

15 (4) OFFICERS, EMPLOYEES, AND AGENTS.—The 

16 Foundation may— 

17 (A) hire, promote, compensate, and dis18 charge officers, employees, agents, and contrac19 tors; 

20 (B) define the duties of the officers, em21 ployees, agents, and contractors; 

22 (C) require surety bonds or make other 

23 provisions against losses occasioned by acts of 

24 the officers, employees, agents, or contractors; 


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1 (D) with the consent of any Federal agen2 cy, use the information, services, staff, and fa3 cilities of the agency; and 

4 (E) appoint other groups of advisors as 

5 may be determined necessary. 

6 (5) OTHER POWERS.—The Foundation may— 

7 (A) modify or consent to the modification 

8 of any contract or agreement to which the 

9 Foundation is a party or in which the Founda10 tion has an interest; 

11 (B) enter into contracts with public and 

12 private organizations for the writing, editing, 

13 printing, and publishing of books and other ma14 terial; 

15 (C) take such action as may be necessary 

16 to obtain patents and licenses for devices and 

17 procedures developed by the Foundation; 

18 (D) enter into contracts, leases, coopera19 tive agreements, and other transactions as the 

20 Executive Director considers appropriate to 

21 conduct the activities of the Foundation; 

22 (E) solicit, accept, hold, administer, invest, 

23 and spend any gift, devise, or bequest of real or 

24 personal property made to the Foundation; 


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1 (F) sue and be sued in its corporate name 

2 and complain and defend itself in any court of 

3 competent jurisdiction; and 

4 (G) exercise such other powers, including 

5 incidental powers, as are necessary to carry out 

6 the powers, duties, and functions of the Foun7 dation under this Act. 

8 (6) FEES.—The Foundation may assess fees 

9 for the provision of professional, administrative, and 

10 management services by the Foundation in amounts 

11 determined reasonable and appropriate by the Exec12 utive Director. 

13 (g) INCORPORATION.—The initial members of the 

14 Board shall serve as incorporators and shall take any ac15 tions necessary to incorporate the Foundation. 

16 (h) NONPROFIT STATUS.—The Foundation shall be 

17 considered to be an organization described in section 

18 501(c) of the Internal Revenue Code of 1986, and exempt 

19 from taxation under section 501(a) of such Code. 

20 (i) GENERAL PROVISIONS.— 

21 (1) FOUNDATION INTEGRITY.—The Board 

22 shall— 

23 (A) be accountable for the integrity of the 

24 operations of the Foundation; and 


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1 (B) ensure that integrity through the de2 velopment and enforcement of criteria and pro3 cedures relating to— 

4 (i) standards of conduct; 

5 (ii) financial disclosure statements; 

6 (iii) conflicts of interest; 

7 (iv) recusals and waivers; 

8 (v) audits; and 

9 (vi) other matters determined appro10 priate by the Board. 

11 (2) FINANCIAL CONFLICTS OF INTEREST.—Any 

12 individual who is an officer, employee, or member of 

13 the Board shall not, in accordance with the policies 

14 established under subsection (e)(1)(B)(ii), personally 

15 or substantially participate in the consideration or 

16 determination by the Board of any matter that 

17 would directly and foreseeably affect any financial 

18 interest of— 

19 (A) the individual; 

20 (B) a relative (as defined in section 109 of 

21 the Ethics in Government Act of 1978 (5 

22 U.S.C. App.)) of the individual; or 

23 (C) any business organization or other en24 tity— 


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1 (i) of which the individual is an officer 

2 or employee; 

3 (ii) of which the individual is negoti4 ating for employment; or 

5 (iii) in which the individual has any 

6 other financial interest. 

7 (3) AUDITS; AVAILABILITY OF RECORDS.—The 

8 Board shall— 

9 (A) conduct annual audits of the financial 

10 condition of the Foundation; and 

11 (B) make those audits, and all other 

12 records, documents, and other papers of the 

13 Foundation, available to the Secretary and the 

14 Comptroller General of the United States for 

15 examination or audit. 

16 (4) REPORTS.— 

17 (A) IN GENERAL.—Not later than 150 

18 days after the end of each fiscal year, the 

19 Board shall publish a report describing the ac20 tivities of the Foundation during the preceding 

21 fiscal year. 

22 (B) CONTENTS.—Each report published 

23 under subparagraph (A) shall include, for the 

24 applicable fiscal year— 


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1 (i) a comprehensive statement of the 

2 operations, activities, financial condition, 

3 and accomplishments of the Foundation, 

4 including an accounting of the use of 

5 amounts transferred under subsection 

6 (k)(1); and 

7 (ii) with respect to the financial condi8 tion of the Foundation— 

9 (I) the source, and a description, 

10 of each gift or grant of real or per11 sonal property to the Foundation; 

12 (II) the source and amount of 

13 each cash gift or grant to the Founda14 tion; and 

15 (III) a specification of any re16 strictions on the purposes for which 

17 the gifts and grants described in sub18 clauses (I) and (II) may be used. 

19 (C) AVAILABILITY.—The Board shall— 

20 (i) make copies of each report sub21 mitted under subparagraph (A) available— 

22 (I) for public inspection; and 

23 (II) to the appropriate commit24 tees of Congress; and 


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1 (ii) on request, provide a copy of any 

2 report submitted under subparagraph (A) 

3 to any individual for a charge that shall 

4 not exceed the cost of providing the copy. 

5 (D) PUBLIC MEETING.—The Board shall 

6 annually hold a public meeting— 

7 (i) to summarize the activities of the 

8 Foundation; and 

9 (ii) to distribute written reports de10 scribing— 

11 (I) those activities; and 

12 (II) the scientific results derived 

13 from those activities. 

14 (5) SERVICE OF FEDERAL EMPLOYEES.—A 

15 Federal employee may serve on a committee advisory 

16 to the Foundation and otherwise cooperate with and 

17 assist the Foundation in carrying out this Act, sub18 ject to the condition that the Federal employee shall 

19 not direct or control any activity of the Foundation. 

20 (6) RELATIONSHIP WITH EXISTING ENTITIES.— 

21 The Board may, in accordance with appropriate 

22 agreements, merge the Foundation with, acquire, or 

23 use the resources of an existing nonprofit private 

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1 pose of the Foundation described in subsection 

2 (b)(1). 

3 (7) INTELLECTUAL PROPERTY RIGHTS.—The 

4 Board shall adopt written standards with respect to 

5 the ownership of any intellectual property rights de6 rived from the collaborative efforts of the Founda7 tion before the commencement of any collaborative 

8 efforts. 

9 (8) TRANSFER OF FUNDS.—The Board may 

10 transfer amounts to the Secretary, and the Sec11 retary may accept transfers of amounts from the 

12 Foundation. 

13 (j) SUPPORT SERVICES.—The Secretary may provide 

14 facilities, utilities, and support services to the Foundation 

15 if it is determined by the Secretary to be advantageous 

16 to the research programs of the Department of Energy. 

17 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to carry out this section 

19 such sums as are necessary for fiscal year 2018 and each 

20 fiscal year thereafter. 

21 SEC. 4. ESTABLISHMENT OF FOR-PROFIT SUBSIDIARIES. 

22 (a) ESTABLISHMENT.—The Board may establish one 

23 or more for-profit subsidiaries, which may include an im24 pact investment fund— 


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1 (1) to stimulate economic development activities 

2 relating to the purpose of the Foundation described 

3 in section 3(b)(1); and 

4 (2) to attract for-profit investment partners for 

5 technology translation and commercialization activi6 ties. 

7 (b) AUTHORITIES OF THE FOR-PROFIT SUB8 SIDIARY.— 

9 (1) IN GENERAL.—Subject to paragraph (2), a 

10 for-profit subsidiary established under subsection (a) 

11 may— 

12 (A) enter partnerships with economic de13 velopment corporations, including incubators, 

14 accelerators, and small business investment 

15 companies; 

16 (B) pay for the cost of building and ad17 ministering facilities, including microlabs and 

18 incubators, to support the activities of the 

19 Foundation described in section 3(b)(2); and 

20 (C) provide funding to startups. 

21 (2) COST RECOVERY REQUIREMENTS.—A for22 profit subsidiary established under subsection (a) 

23 shall— 

24 (A) ensure that the Foundation owns any 

25 intellectual property rights generated through 


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1 activities funded by the for-profit subsidiary, if 

2 appropriate; and 

3 (B) own an equity stake in any startup in4 vested in by the for-profit subsidiary. 

Æ 


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