I 
116TH CONGRESS 
1ST SESSION H. R. 3575 
To establish the IMPACT for Energy Foundation. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2019 
Mr. LUJA´N (for himself, Mr. WILSON of South Carolina, Mr. LIPINSKI, Mr. 
REED, Mr. SWALWELL
of California, Mr. FORTENBERRY, Mr. 
FLEISCHMANN, Mr. BILIRAKIS, Mr. MCNERNEY, Mr. MCKINLEY, Mr. 
SENSENBRENNER, Mr. CASTEN
of Illinois, Mr. TONKO, and Mr. 
FITZPATRICK) introduced the following bill; which was referred to the 
Committee on Science, Space, and Technology, and in addition to the 
Committee on Ways and Means, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To establish the IMPACT for Energy Foundation. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Increasing and Mobi-
lizing Partnerships to Achieve Commercialization of Tech-
nologies for Energy Act’’ or the ‘‘IMPACT for Energy 
Act’’. 
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SEC. 2. DEFINITIONS. 
In this Act: 
(1) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Energy. 
(2) FOUNDATION.—The term ‘‘Foundation’’ 
means the IMPACT for Energy Foundation estab-
lished under section 3(a). 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 3. ESTABLISHMENT OF IMPACT FOR ENERGY FOUNDA-
TION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than February 1, 
2021, the Secretary shall establish a nonprofit cor-
poration to be known as the ‘‘IMPACT for Energy 
Foundation’’. 
(2) LIMITATION.—The Foundation shall not be 
an agency or instrumentality of the Federal Govern-
ment. 
(3) NONAPPLICABILITY OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Foundation. 
(4) NONPROFIT
STATUS.—The Foundation 
shall be an organization described in section 501(c) 
of the Internal Revenue Code of 1986 and exempt 
from taxation under section 501(a) of that Code. 
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tive technologies that address energy challenges by 
methods that include— 
(A) fostering collaboration and partner-
ships with researchers from the Federal Gov-
ernment, State governments, institutions of 
higher education, federally funded research and 
development centers, industry, and nonprofit 
organizations for the research, development, or 
commercialization of transformative energy 
technologies; 
(B) leveraging technologies by supporting 
new product development that supports regional 
economic development; and 
(C) administering prize competitions to ac-
celerate private sector competition and invest-
ment. 
(2) ACTIVITIES.— 
(A) IN GENERAL.—The Foundation may 
solicit and accept gifts, grants, and other dona-
tions, establish accounts, and invest and expend 
funds in support of the activities and programs 
described in subparagraphs (B) through (D). 
(B) 
STUDIES, 
COMPETITIONS, 
AND 
PROJECTS.—The Foundation may conduct and 
support studies, competitions, projects, and 
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other activities that further the purpose of the 
Foundation described in paragraph (1). 
(C) FELLOWSHIPS AND GRANTS.— 
(i) AWARD.—The Foundation may 
award fellowships and grants for activities 
relating to research, development, proto-
typing, maturing, or commercializing of en-
ergy technologies. 
(ii) FORM OF AWARD.—A fellowship 
or grant under clause (i) may consist of a 
stipend, health insurance benefits, funds 
for travel, and funds for other appropriate 
expenses. 
(iii) SELECTION.— 
(I) IN GENERAL.—The Founda-
tion shall award a fellowship or grant 
under clause (i) based on the technical 
and commercialization merits of the 
proposed project. 
(II) INPUT.—In selecting recipi-
ents of a fellowship or grant under 
clause (i), the Foundation may con-
sult with potential recipients regard-
ing the ability to carry out various 
projects that would further the pur-
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pose of the Foundation described in 
paragraph (1). 
(iv) 
FEDERAL
LABORATORIES.—A 
Federal laboratory that applies for or ac-
cepts a grant under clause (i) shall not be 
considered to be engaging in a competitive 
procedure. 
(D) SUPPLEMENTARY
PROGRAMS.—The 
Foundation may carry out supplementary pro-
grams— 
(i) to conduct and support forums, 
meetings, conferences, courses, and train-
ing workshops consistent with the purpose 
of the Foundation described in paragraph 
(1); 
(ii) to support and encourage the un-
derstanding and development of— 
(I) data reporting models that 
promote the translation of tech-
nologies from the research stage, 
through the development and matura-
tion stage, and ending in the market 
stage; and 
(II) policies that make regulation 
more 
effective 
and 
efficient 
by 
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leveraging the technology translation 
data described in subclause (I) for the 
regulation of relevant technology sec-
tors; 
(iii) for writing, editing, printing, pub-
lishing, and vending books and other mate-
rials relating to research carried out under 
the Foundation; and 
(iv) to conduct other activities to 
carry out and support the purpose of the 
Foundation described in paragraph (1). 
(E) AUTHORITY
OF
FOUNDATION.—The 
Foundation shall be the sole entity responsible 
for carrying out the activities described in this 
paragraph. 
(F) ADMINISTRATIVE CONTROL.—No par-
ticipant in a program under this paragraph or 
employee of the Foundation shall exercise any 
administrative control over any Federal em-
ployee. 
(c) SUPPORT SERVICES.—The Secretary may provide 
facilities, utilities, and support services to the Foundation 
if it is determined by the Secretary to be advantageous 
to the research programs of the Department. 
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(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
such sums as are necessary for fiscal year 2020 and each 
fiscal year thereafter. 
SEC. 4. ESTABLISHMENT OF FOR-PROFIT SUBSIDIARIES. 
(a) ESTABLISHMENT.—The Foundation may estab-
lish 1 or more for-profit subsidiaries, including an impact 
investment fund— 
(1) to stimulate economic development activities 
relating to the purpose of the Foundation described 
in section 3(b)(1); and 
(2) to attract for-profit investment partners for 
technology translation and commercialization activi-
ties. 
(b) AUTHORITIES
OF
THE
FOR-PROFIT
SUB-
SIDIARY.— 
(1) IN GENERAL.—Subject to paragraph (2), a 
for-profit subsidiary established under subsection (a) 
may— 
(A) enter into a partnership with an eco-
nomic development corporation, including an in-
cubator, accelerator, or small business invest-
ment company; 
(B) pay for the cost of building and ad-
ministering a facility, including a microlab or 
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incubator, to support the activities of the Foun-
dation described in section 3(b)(2); and 
(C) provide funding to a startup. 
(2) COST RECOVERY REQUIREMENTS.—A for- 
profit subsidiary established under subsection (a) 
shall— 
(A) ensure that the Foundation owns any 
intellectual property rights generated through 
activities funded by the for-profit subsidiary, if 
appropriate; and 
(B) own an equity stake in any startup in-
vested in by the for-profit subsidiary. 
Æ 
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