119-s2696

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2696 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2696

 To establish a Foundation for Enabling Biotechnology Innovation.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 3, 2025

Mr. Padilla (for himself and Mr. Young) introduced the following bill; 
 which was read twice and referred to the Committee on Health, 
 Education, Labor, and Pensions

_______________________________________________________________________

 A BILL

 To establish a Foundation for Enabling Biotechnology Innovation.

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

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Foundation for Enabling 
Biotechnology Innovation Act''.

SEC. 2. FOUNDATION FOR ENABLING BIOTECHNOLOGY INNOVATION.

    (a) Establishment.--The Director of the National Science Foundation 
shall establish a nonprofit foundation to be known as the ``Foundation 
for Enabling Biotechnology Innovation''.

    (b) Mission.--The mission of the Foundation for Enabling 
Biotechnology Innovation (referred to in this Act as the 
``Foundation'') 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 
sectors.
            (c) Activities.--In carrying out its mission under subsection

    (b) , 
the Foundation may carry out the following:

    (1) Promote public-private partnerships that leverage 
 expertise and resources across sectors to foster innovation and 
 address challenges in commercialization of biotechnology 
 products.

    (2) Convene relevant stakeholders to develop expert 
 recommendations on biotechnology commercialization, including 
 horizon scanning for emerging technologies and regulation of 
 novel products that may be commercialized in the future.

    (3) Advance collaboration and dialogue between Federal 
 agencies that contribute to commercialization of biotechnology 
 and relevant stakeholders, including industry, institutions of 
 higher education, and nonprofit and philanthropic 
 organizations.

    (4) Support and conduct public engagement, education, and 
 outreach activities about innovation, regulation, 
 commercialization, and use of biotechnology products, including 
 to evaluate efficacy of communication methods.

    (5) Facilitate market access for United States 
 biotechnology products, including through international 
 engagement, commercial and regulatory diplomacy, and 
 development of shared norms and standards.

    (6) Support studies, projects, and research on topics such 
 as market acceptance and regulatory process improvement, 
 including through direct funding, grants, competitions, and 
 other methods.

    (7) Develop and implement education and fellowship 
 programs, which may include--
        (A) short courses on biotechnology product 
 commercialization;
        (B) shadowing experiences with relevant Federal 
 agencies;
            (C) capstone projects, in which participants 
 develop ideas to advance biotechnology 
 commercialization; and
            (D) support for participants such as stipends, 
 travel, health insurance, professional development, and 
 other appropriate expenditures as determined 
 appropriate by the Foundation.

    (8) Provide direct support to Federal agencies for discrete 
 or ongoing projects.

    (9) Conduct other activities as determined necessary by the 
 Foundation to carry out its mission.
            (d) 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 products.

    (e) Support.--The Foundation may receive, administer, solicit, 
accept, and use funds, gifts, devises, or bequests, either absolutely 
or in trust of real or personal property or any income therefrom or 
other interest therein to support activities under subsection
            (c) , 
except that this subsection shall not apply if any of such is from a 
foreign country of concern or a foreign entity of concern.

    (f) 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 501
            (c) of the Internal Revenue Code of 1986, and exempt from taxation under 

section 501

    (a) of such Code.

    (g) Board of Directors.--

    (1) Establishment.--The Foundation for Enabling 
 Biotechnology Innovation shall be governed by a Board of 
 Directors (referred to in this section as the ``Board'').

    (2) Composition.--The Board shall be composed of the 
 following:
        (A) Not fewer than 5 voting members described in 
 paragraph

    (4) .
        (B) Ex officio nonvoting members described in 
 paragraph

    (5) .

    (3) Initial members.--The Director of the National Science 
 Foundation shall--
        (A) seek to enter into an agreement with the 
 National Academies of Sciences, Engineering, 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

    (4) ; and
        (B) appoint the initial members of the Board from 
 such list not later than 180 days after the date of 
 enactment of this Act.

    (4) Voting members.--
        (A) Representation.--The voting members of the 
 Board shall be drawn from a broad cross-section of 
 stakeholders across sectors, regions, and communities, 
 including from institutions of higher education, 
 industry, and nonprofit and philanthropic 
 organizations.
        (B) 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 Innovation.
            (C) Federal employees.--No employee of the Federal 
 Government may be appointed as a voting member of the 
 Board.

    (5) Nonvoting members.--
        (A) Ex officio members.--The ex officio members of 
 the Board shall be designated by--
            (i) the Director of the National Science 
 Foundation;
            (ii) the Secretary of Defense;
            (iii) the Secretary of Agriculture;
            (iv) the Secretary of Health and Human 
 Services;
            (v) the Administrator of the Environmental 
 Protection Agency; and
            (vi) the heads of other agencies, as agreed 
 upon by the Board.
        (B) No voting power.--The ex officio members 
 described in subparagraph
        (A) shall not have voting 
 power on the Board.

    (6) Chair and vice chair.--
        (A) In general.--The Board shall designate, from 
 among its voting members--
            (i) an individual to serve as the Chair of 
 the Board; and
            (ii) an individual to serve as the Vice 
 Chair of the Board.
        (B) Terms.--The term of service of the Chair and 
 Vice Chair of the Board shall end on the earlier of--
            (i) the date that is 3 years after the date 
 on which the Chair or Vice Chair of the Board 
 is designated for the respective position; or
            (ii) the last day of the term of service of 
 the member, as determined under paragraph

    (7) , 
 who is designated to be Chair or Vice Chair of 
 the Board.
            (C) Representation.--The Chair and Vice Chair of 
 the Board may not be representatives of the same area 
 of subject matter expertise or entity.

    (7) Terms and vacancies.--
        (A) Term limits.--The term of office of each voting 
 member of the Board shall be not more than 5 years, 
 except that a member of the Board may continue to serve 
 after the expiration of their term, if no new member is 
 appointed to replace the departing Board member.
        (B) Initial members.--Of the initial members of the 
 Board appointed under paragraph

    (3) , half of such 
 members shall serve for 4 years and half of such 
 members shall serve for 5 years, as determined by the 
 Chair of the Board.
            (C) Vacancies.--Any vacancy in the voting 
 membership of the Board--
            (i) shall be filled in accordance with the 
 bylaws of the Foundation by individuals who are 
 well qualified and meet the requirements in 
 paragraph

    (4) ;
            (ii) shall not affect the power of the 
 remaining members to carry out the duties of 
 the Board; and
            (iii) shall be filled by an individual 
 selected by the Board.
            (D) Renewal.--Board members may be renewed for 
 additional terms, as long as the individual continues 
 to meet the requirements in paragraph

    (4) .

    (8) Quorum.--A majority of the voting members of the Board 
 shall constitute a quorum for the purposes of conducting the 
 business of the Board.

    (9) Duties.--The Board shall carry out the following:
        (A) Establish bylaws for the Foundation in 
 accordance with paragraph

    (10) .
        (B) Provide overall direction for the activities of 
 the Foundation and establish priority activities.
            (C) 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 
 agencies.
            (D) Evaluate the performance of the Chief Executive 
 Officer of the Foundation.
        (E) Actively solicit and accept funds, gifts, 
 grants, devises, or bequests of real or personal 
 property to the Foundation, including from private 
 entities.
        (F) Carry out any other necessary activities of the 
 Foundation.

    (10) Bylaws.--The Board shall establish bylaws for the 
 Foundation, ensuring that--
        (A) the bylaws of the Foundation shall include--
            (i) policies for the selection of the Board 
 members, officers, employees, agents, and 
 contractors of the Foundation;
            (ii) policies, including ethical and 
 disclosure standards, including--
            (I) the acceptance, solicitation, 
 and disposition of donations and grants 
 to the Foundation, including 
 appropriate limits on the ability of 
 donors to designate, by stipulation or 
 restriction, the use or recipient of 
 donated funds; and
            (II) the disposition of assets of 
 the Foundation;
            (iii) policies that subject all employees, 
 fellows, trainees, and other agents of the 
 Foundation (including appointed voting members 
 and ex officio members of the Board) to 
 conflict-of-interest standards; and
            (iv) the specific duties of the Chief 
 Executive Officer of the Foundation; and
        (B) the bylaws of the Foundation and activities 
 carried out under such bylaws do not--
            (i) reflect unfavorably upon the ability of 
 the Foundation to carry out its 
 responsibilities or official duties in a fair 
 and objective manner; or
            (ii) compromise, or appear to compromise, 
 the integrity of any Federal Governmental 
 agency or program, or any officer or employee 
 employed by, or involved in a Federal 
 Governmental agency or program.

    (11) Compensation.--
        (A) In general.--Members of the Board may not 
 receive compensation for serving on the Board.
        (B) Certain expenses.--In accordance with the 
 bylaws of the Foundation, members of the Board may be 
 reimbursed for travel expenses, including per diem in 
 lieu of subsistence and other necessary expenses 
 incurred in carrying out the duties of the Board.

    (12) Personal liability.--The members of the Board shall 
 not be personally liable for carrying out the duties of the 
 Board, except for malfeasance.

    (h) Administration.--

    (1) Chief executive officer.--
        (A) In general.--The Foundation shall have a Chief 
 Executive Officer who shall be appointed by the Board, 
 and who shall serve at the pleasure of the Board, and 
 for whom the Board shall establish the rate of 
 compensation.
        (B) Duties.--Subject to the bylaws established 
 under subsection

    (g)

    (10) , the Chief Executive Officer 
 shall be responsible for--
            (i) carrying out the activities of the 
 Foundation under subsection
            (c) ;
            (ii) hiring, promoting, compensating, and 
 discharging officers and employees of the 
 Foundation and defining the duties of such 
 officers and employees;
            (iii) accepting and administering donations 
 to the Foundation and administering the assets 
 of the Foundation;
            (iv) entering into contracts and executing 
 legal instruments as appropriate in carrying 
 out the activities of the Foundation; and
            (v) performing other functions as necessary 
 to operate the Foundation.

    (2) Strategic plan.--Not later than 1 year after the 
 appointment of the Chief Executive Officer, the Foundation 
 shall submit to the Director of the National Science 
 Foundation, the Committee on Commerce, Science, and 
 Transportation of the Senate, and the Committee on Science, 
 Space, and Technology of the House of Representatives a 
 strategic plan that contains the following:
        (A) A plan for the Foundation to become financially 
 self-sustaining not later than 5 years after the 
 submission of the strategic plan, aside from regular 
 appropriations.
        (B) Short- and long-term objectives of the 
 Foundation, as identified by the Board.
            (C) The efforts the Foundation will take to be 
 transparent in the processes of the Foundation.
            (D) The financial goals and benchmarks of the 
 Foundation for the 10 years following the submission of 
 the strategic plan.
        (E) The efforts the Foundation will make to ensure 
 maximum complementarity and minimum redundancy with 
 Federal activities related to biotechnology 
 commercialization.

    (3) Report.--
        (A) In general.--Not later than 18 months after the 
 appointment of the Chief Executive Officer, and not 
 later than February 1 of each year thereafter, the 
 Foundation shall publish a report describing the 
 activities of the Foundation during the immediately 
 preceding fiscal year that includes the 
 accomplishments, operations, activities, and financial 
 condition of the Foundation.
        (B) Financial condition.--Each such report shall 
 include a comprehensive statement of all support 
 provided to the Foundation, including funds, gifts, 
 grants, devises, or bequests of real or personal 
 property, and describing the amount of support from 
 each person or entity, the persons or entities from 
 which such support is received, and any restrictions on 
 the purposes for which such support may be used.
            (C) Publication.--The Foundation shall make copies 
 of each report submitted under this paragraph 
 available--
            (i) to the Director of the National Science 
 Foundation, the Committee on Commerce, Science, 
 and Transportation of the Senate, and the 
 Committee on Science, Space, and Technology of 
 the House of Representatives; and
            (ii) for public inspection, and shall upon 
 request, provide a copy of the report to any 
 individual for a charge not to exceed the cost 
 of providing such copy.

    (4) Audits and disclosure.--The Foundation shall--
        (A) provide for annual audits of the financial 
 condition of the Foundation, including a full list of 
 the Foundation's donors and any restrictions on the 
 purposes for which gifts to the Foundation may be used; 
 and
        (B) make such audits, and all other records, 
 documents, and other papers of the Foundation, 
 available to the Director of the National Science 
 Foundation and the Comptroller General of the United 
 States for examination or audit.

    (5) Transfer of funds.--The Foundation may transfer funds 
 and property to Federal agencies that contribute to 
 commercialization of biotechnology, which those agencies may 
 accept and use to further the mission of the Foundation as 
 described in subsection

    (b) .
            (i) Integrity.--

    (1) In general.--To ensure integrity in the operations of 
 the Foundation, the Board shall develop and enforce procedures 
 relating to standards of conduct, financial disclosure 
 statements, conflicts of interest (including recusal and waiver 
 rules), audits, and any other matters determined appropriate by 
 the Board.

    (2) Conflicts of interest.--To mitigate conflicts of 
 interest, any individual who is an officer, employee, 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 
 following:
        (A) Such individual.
        (B) A relative of such individual.
            (C) A business organization or other entity in 
 which such individual has an interest, including an 
 organization or other entity with which such individual 
 is negotiating employment.

    (3) Citizenship.--To mitigate risks from malign foreign 
 influence, any individual who is an officer, employee, or 
 member of the Board shall be--
        (A) a citizen or national (as defined in 

section 101 of the Immigration and Nationality Act (8 U.S.C. 
 1101

    (a) )) of the United States;
        (B) an alien admitted to the United States as a 
 refugee under 

section 207 of the Immigration and 
 Nationality Act (8 U.S.C. 1157); or
            (C) an alien lawfully admitted for permanent 
 residence (as defined in 

section 101 of the Immigration 
 and Nationality Act (8 U.S.C. 1101

    (a) )).

    (j) 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 Foundation.

    (k) Full Faith and Credit.--The United States shall not be liable 
for any debts, defaults, acts, or omissions of the Foundation. The full 
faith and credit of the United States shall not extend to any 
obligations of the Foundation.
            (l) Support Services.--The Director of the National Science 
Foundation may provide facilities, utilities, and support services to 
the Foundation.
            (m) Non-Applicability.--Chapters 5 and 10 of title 5, United States 
Code, shall not apply to the Foundation.

    (n) Separate Fund Accounts.--The Board shall ensure that amounts 
received pursuant to the authorization of appropriations under 
subsection

    (o) are held in a separate account from any other funds 
received by the Foundation.

    (o) Authorization of Appropriations.--

    (1) National science foundation.--There are authorized to 
 be appropriated to the Director of the National Science 
 Foundation $4,000,000 for fiscal year 2026, and every 
 subsequent year to carry out this section.

    (2) Foundation for enabling biotechnology innovation.--From 
 amounts appropriated to the National Science Foundation for 
 each fiscal year, the Director of the National Science 
 Foundation shall transfer not less than $4,000,000 per year to 
 the Foundation.

    (p) 

=== Definitions. ===
-In this section:

    (1) Board.--The term ``Board'' means the Board of Directors 
 of the Foundation, established pursuant to subsection

    (g) .

    (2) Foreign country of concern.--The term ``foreign country 
 of concern'' has the meaning given such term in 

section 10638 
 of the Research and Development, Competition, and Innovation 
 Act (42 U.S.C. 19237; enacted as part of division B of Public 
 Law 117-167).

    (3) Foreign entity of concern.--The term ``foreign entity 
 of concern'' has the meaning given such term in 

section 10638 
 of the Research and Development, Competition, and Innovation 
 Act (42 U.S.C. 19237; enacted as part of division B of Public 
 Law 117-167).

    (4) Foundation.--The term ``Foundation'' means the 
 Foundation for Enabling Biotechnology Innovation established 
 pursuant to subsection

    (a) .

    (5) Institution of higher education.--The term 
 ``institution of higher education'' has the meaning given such 
 term in 

section 101 of the Higher Education Act of 1965 (20 
 U.S.C. 1001).

    (6) Relative.--The term ``relative'' has the meaning given 
 such term in 

section 13101 of title 5, United States Code.
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