Foundation for Enabling Biotechnology Innovation Act
This bill would create a new nonprofit Foundation for Enabling Biotechnology Innovation (FEBI), established by the Director of the National Science Foundation (NSF). The Foundation’s mission is to accelerate commercialization of U.S. biotechnology products by boosting collaboration among federal agencies and cross-sector stakeholders (industry, universities, nonprofits, and philanthropies). Core activities include promoting public-private partnerships, convening stakeholders for recommendations and horizon scanning on emerging biotech technologies and regulation, education and fellowship programs, improving market access (including international engagement), funding studies and projects, and providing direct support to federal agencies for biotech commercialization efforts. It would be funded through annual appropriations transferred from NSF (not less than $4 million per year starting in FY2026), with additional private gifts or grants allowed from other sources (subject to constraints). The Foundation would operate independently (not as a federal agency and not as a regulator) and would be governed by a Board of Directors with strict governance, transparency, and conflict-of-interest rules. It would also establish intellectual property and disclosure standards for its work. Potential impact includes stronger coordination to bring biotech innovations to market, improved public engagement, and expanded U.S. competitiveness in biotechnology. At the same time, it creates a semi-private vehicle funded by public funds and private gifts, which raises questions about governance, donor influence, and oversight. The bill provides safeguards (e.g., limits on regulating authority, strict conflict-of-interest rules, and annual reporting) but contemplates a significant role for private stakeholders in shaping biotechnology commercialization.
Key Points
- 1Establishment and purpose
- 2- Creates the Foundation for Enabling Biotechnology Innovation (FEBI), a nonprofit entity established by the NSF Director to accelerate commercialization of U.S. biotechnology products and to foster cross-sector collaboration and coordination among federal agencies and non-federal partners.
- 3Activities and scope
- 4- Key activities include public-private partnerships, stakeholder convenings and horizon scanning on emerging biotech technologies and regulation, strengthening collaboration among federal agencies and external partners, public education and outreach, market access and international engagement, funding of studies and projects, and education/fellowship programs (including short courses, shadowing, capstone projects, stipends, etc.). It can also provide direct support to federal agencies for specific projects and undertake other necessary activities to fulfill its mission.
- 5Governance and board structure
- 6- A Board of Directors governs the Foundation, with at least five voting members from across sectors (education, industry, nonprofits, philanthropy) and ex officio nonvoting members from various federal agencies (e.g., DoD, USDA, HHS, EPA) and others agreed by the Board.
- 7- The initial Board members are to be selected with the help of the National Academies and appointed within 180 days after enactment. Terms are up to five years, with staggered terms for initial members, and a chair and vice-chair chosen from voting members.
- 8- The Foundation has stringent conflict-of-interest, ethics, and citizenship requirements for Board members; non-government employees may serve as voting members, and federal employees cannot.
- 9Funding and financial oversight
- 10- The Foundation is funded through annual appropriations: NSF must provide not less than $4 million per year for FY2026 and onward, and a corresponding transfer of at least $4 million per year to the Foundation from NSF funding.
- 11- It may also receive gifts, grants, bequests, or other funds, but donations from foreign countries of concern or foreign entities of concern are prohibited.
- 12- The Foundation must conduct annual financial audits, disclose donor lists and any restrictions on gifts, and make reports publicly available.
- 13Accountability, transparency, and integrity
- 14- The Board must develop standards of conduct, financial disclosures, conflict-of-interest policies (including recusal rules), and ethical guidelines; it requires annual reporting on activities, finances, and donor sources.
- 15- Intellectual property developed by or through the Foundation is governed by written ownership and licensing standards.
- 16- The Foundation is not a federal agency, shall not regulate biotechnology products, and the United States shall not incur federal debts or obligations for the Foundation.
- 17Administration and operations
- 18- A Chief Executive Officer (appointed by the Board) leads the Foundation, with responsibilities including carrying out Foundation activities, hiring and managing staff, accepting and administering donations, and entering into contracts.
- 19- The Foundation may receive support services from NSF (e.g., facilities and utilities) but remains a separate entity with its own bylaws and governance.
- 20Non-applicability and governance safeguards
- 21- Chapters 5 and 10 of Title 5, U.S.C., do not apply to the Foundation, reinforcing its independent status outside typical federal agency processes.
- 22- The Foundation must maintain separate fund accounts for appropriations and adhere to defined definitions (e.g., “foreign country of concern” and “foreign entity of concern”) to restrict certain funding sources.