[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4863 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 4863

To establish the Foundation for Energy Security and Innovation, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2021

 Ms. Stansbury (for herself, Ms. Johnson of Texas, Mr. Lucas, Mrs. Kim 
     of California, Ms. Leger Fernandez, and Mr. Gonzalez of Ohio) 
 introduced the following bill; which was referred to the Committee on 
                     Science, Space, and Technology

_______________________________________________________________________

                                 A BILL


 
To establish the Foundation for Energy Security and Innovation, and for 
                            other purposes.

    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 ``Partnerships for Energy Security and 
Innovation Act''.

SEC. 2. FOUNDATION FOR ENERGY SECURITY AND INNOVATION.

    (a) Definitions.--In this section:
            (1) Board.--The term ``Board'' means the Board of Directors 
        described in subsection (b)(2)(A).
            (2) Department.--The term ``Department'' means the 
        Department of Energy.
            (3) Executive director.--The term ``Executive Director'' 
        means the Executive Director described in subsection (b)(5)(A).
            (4) Foundation.--The term ``Foundation'' means the 
        Foundation for Energy Security and Innovation established under 
        subsection (b)(1).
            (5) Historically black college and university.--The term 
        ``historically Black college and university'' has the meaning 
        given the term ``part B institution'' in section 322 of the 
        Higher Education Act of 1965 (20 U.S.C. 1061).
            (6) Individual laboratory-associated foundation.--The term 
        ``Individual Laboratory-Associated Foundation'' means a 
        Laboratory Foundation established by an operating contractor of 
        a National Laboratory.
            (7) Minority serving institution.--The term ``minority 
        serving institution'' includes the entities described in any of 
        the paragraphs (1) through (7) of section 371(a) of the Higher 
        Education Act of 1965 (20 U.S.C. 1067q(a)).
            (8) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (10) Tribal college and university.--The term ``Tribal 
        College and University'' has the meaning given in section 316 
        of the Higher Education Act of 1965 (20 U.S.C. 1059c).
    (b) Foundation for Energy Security and Innovation.--
            (1) Establishment.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary shall 
                establish a nonprofit corporation to be known as the 
                ``Foundation for Energy Security and Innovation''.
                    (B) Mission.--The mission of the Foundation shall 
                be--
                            (i) to support the mission of the 
                        Department; and
                            (ii) to advance collaboration with energy 
                        researchers, institutions of higher education, 
                        industry, and nonprofit and philanthropic 
                        organizations to enable the commercialization 
                        of energy technologies.
                    (C) Limitation.--The Foundation shall not be an 
                agency or instrumentality of the Federal Government.
                    (D) Tax-exempt status.--The Board shall take all 
                necessary and appropriate steps to ensure that the 
                Foundation is an organization that is described in 
                section 501(c) of the Internal Revenue Code of 1986 and 
                exempt from taxation under section 501(a) of that Code.
                    (E) Collaboration with existing organizations.--The 
                Secretary may collaborate with 1 or more organizations 
                to establish the Foundation and carry out the 
                activities of the Foundation.
            (2) Board of directors.--
                    (A) Establishment.--The Foundation shall be 
                governed by a Board of Directors.
                    (B) Composition.--
                            (i) In general.--The Board shall be 
                        composed of the ex officio nonvoting members 
                        described in clause (ii) and the appointed 
                        voting members described in clause (iii).
                            (ii) Ex officio members.--The ex officio 
                        members of the Board shall be the following 
                        individuals or designees of those individuals:
                                    (I) The Secretary.
                                    (II) The Under Secretary for 
                                Science and Energy.
                                    (III) The Under Secretary for 
                                Nuclear Security.
                                    (IV) The Chief Commercialization 
                                Officer.
                            (iii) Appointed members.--
                                    (I) Initial members.--The Secretary 
                                and the other ex officio members of the 
                                Board shall--
                                            (aa) 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 will meet the requirements 
                                        of subclauses (II) and (III); 
                                        and
                                            (bb) appoint the initial 
                                        members of the Board from that 
                                        list, if applicable, in 
                                        consultation with the National 
                                        Academies of Sciences, 
                                        Engineering, and Medicine.
                                    (II) Representation.--The appointed 
                                members of the Board shall reflect a 
                                broad cross-section of stakeholders 
                                from academia, National Laboratories, 
                                industry, nonprofit organizations, 
                                State or local governments, the 
                                investment community, and the 
                                philanthropic community.
                                    (III) Experience.--The Secretary 
                                shall ensure that a majority of the 
                                appointed members of the Board--
                                            (aa)(AA) has experience in 
                                        the energy sector;
                                            (BB) has research 
                                        experience in the energy field; 
                                        or
                                            (CC) has experience in 
                                        technology commercialization or 
                                        foundation operations; and
                                            (bb) to the extent 
                                        practicable, represents diverse 
                                        regions, sectors, and 
                                        communities.
                    (C) Chair and vice chair.--
                            (i) In general.--The Board shall designate 
                        from among the members of the Board--
                                    (I) an individual to serve as Chair 
                                of the Board; and
                                    (II) an individual to serve as Vice 
                                Chair of the Board.
                            (ii) 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, as applicable, is 
                                designated for the position; and
                                    (II) the last day of the term of 
                                service of the member, as determined 
                                under subparagraph (D)(i), who is 
                                designated to be Chair or Vice Chair of 
                                the Board, as applicable.
                            (iii) Representation.--The Chair and Vice 
                        Chair of the Board--
                                    (I) shall not be representatives of 
                                the same area of subject matter 
                                expertise, or entity, as applicable, 
                                under subparagraph (B)(iii)(II); and
                                    (II) shall not be representatives 
                                of any area of subject matter 
                                expertise, or entity, as applicable, 
                                represented by the immediately 
                                preceding Chair and Vice Chair of the 
                                Board.
                    (D) Terms and vacancies.--
                            (i) Terms.--
                                    (I) In general.--The term of 
                                service of each appointed member of the 
                                Board shall be not more than 5 years.
                                    (II) Initial appointed members.--Of 
                                the initial members of the Board 
                                appointed under subparagraph 
                                (B)(iii)(I), half of the members shall 
                                serve for 4 years and half of the 
                                members shall serve for 5 years, as 
                                determined by the Chair of the Board.
                            (ii) Vacancies.--Any vacancy in the 
                        membership of the appointed members of the 
                        Board--
                                    (I) shall be filled in accordance 
                                with the bylaws of the Foundation by an 
                                individual capable of representing the 
                                same area or entity, as applicable, as 
                                represented by the vacating board 
                                member under subparagraph (B)(iii)(II);
                                    (II) shall not affect the power of 
                                the remaining appointed members to 
                                execute the duties of the Board; and
                                    (III) shall be filled by an 
                                individual selected by the Board.
                    (E) Meetings; quorum.--
                            (i) Initial meeting.--Not later than 60 
                        days after the Board is established, the 
                        Secretary shall convene a meeting of the ex 
                        officio and appointed members of the Board to 
                        incorporate the Foundation.
                            (ii) Quorum.--A majority of the appointed 
                        members of the Board shall constitute a quorum 
                        for purposes of conducting the business of the 
                        Board.
                    (F) Duties.--The Board shall--
                            (i) establish bylaws for the Foundation in 
                        accordance with subparagraph (G);
                            (ii) provide overall direction for the 
                        activities of the Foundation and establish 
                        priority activities;
                            (iii) carry out any other necessary 
                        activities of the Foundation;
                            (iv) evaluate the performance of the 
                        Executive Director; and
                            (v) actively solicit and accept funds, 
                        gifts, grants, devises, or bequests of real or 
                        personal property to the Foundation, including 
                        from private entities.
                    (G) Bylaws.--
                            (i) In general.--The bylaws established 
                        under subparagraph (F)(i) may include--
                                    (I) policies for the selection of 
                                Board members, officers, employees, 
                                agents, and contractors of the 
                                Foundation;
                                    (II) policies, including ethical 
                                standards, for--
                                            (aa) 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
                                            (bb) the disposition of 
                                        assets of the Foundation;
                                    (III) policies that subject all 
                                employees, fellows, trainees, and other 
                                agents of the Foundation (including ex 
                                officio and appointed members of the 
                                Board) to conflict of interest 
                                standards; and
                                    (IV) the specific duties of the 
                                Executive Director.
                            (ii) Requirements.--The Board shall ensure 
                        that the bylaws of the Foundation and the 
                        activities carried out under those bylaws shall 
                        not--
                                    (I) reflect unfavorably on the 
                                ability of the Foundation to carry out 
                                activities in a fair and objective 
                                manner; or
                                    (II) compromise, or appear to 
                                compromise, the integrity of any 
                                governmental agency or program, or any 
                                officer or employee employed by, or 
                                involved in, a governmental agency or 
                                program.
                    (H) Compensation.--
                            (i) In general.--No member of the Board 
                        shall receive compensation for serving on the 
                        Board.
                            (ii) 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.
                    (I) Restriction on membership.--No employee of the 
                Department shall be appointed as a member of the Board 
                of Directors.
            (3) Purposes.--The purposes of the Foundation are--
                    (A) to support the Department in carrying out the 
                mission of the Department to ensure the security and 
                prosperity of the United States by addressing civilian 
                energy and environmental challenges through 
                transformative science and technology solutions; and
                    (B) to increase private and philanthropic sector 
                investments that support efforts to create, 
                characterize, develop, test, validate, and 
                commercialize innovative technologies that address 
                crosscutting national energy challenges, including 
                those affecting minority, rural, and other underserved 
                communities, by methods that include--
                            (i) fostering collaboration and 
                        partnerships with researchers from the Federal 
                        Government, State governments, institutions of 
                        higher education, including historically Black 
                        colleges and universities, Tribal Colleges or 
                        Universities, and minority-serving 
                        institutions, federally funded research and 
                        development centers, industry, and nonprofit 
                        organizations for the research, development, or 
                        commercialization of transformative energy and 
                        associated technologies;
                            (ii) strengthening and sharing best 
                        practices relating to regional economic 
                        development through scientific and energy 
                        innovation, including in partnership with an 
                        Individual Laboratory-Associated Foundation;
                            (iii) promoting new product development 
                        that supports job creation;
                            (iv) administering prize competitions--
                                    (I) to accelerate private sector 
                                competition and investment; and
                                    (II) that complement the use of 
                                prize authority by the Department;
                            (v) supporting programs that advance 
                        technology maturation, especially where there 
                        may be gaps in Federal or private funding in 
                        the commercialization of a prototype 
                        technology;
                            (vi) supporting efforts to broaden 
                        participation in energy technology development 
                        among individuals from historically 
                        underrepresented groups or regions; and
                            (vii) facilitating access to Department 
                        facilities, equipment, and expertise to assist 
                        in tackling national challenges.
            (4) Activities.--
                    (A) Studies, competitions, and projects.--The 
                Foundation may conduct and support studies, 
                competitions, projects, and other activities that 
                further the purposes of the Foundation described in 
                paragraph (3).
                    (B) Fellowships and grants.--
                            (i) In general.--The Foundation may award 
                        fellowships and grants for activities relating 
                        to research, development, demonstration, or 
                        commercialization of energy and other 
                        Department-supported 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.--In selecting a recipient 
                        for a fellowship or grant under clause (i), the 
                        Foundation--
                                    (I) shall make the selection based 
                                on the technical and commercialization 
                                merits of the proposed project of the 
                                potential recipient; and
                                    (II) may consult with a potential 
                                recipient regarding the ability of the 
                                potential recipient to carry out 
                                various projects that would further the 
                                purposes of the Foundation described in 
                                paragraph (3).
                            (iv) National laboratories.--A National 
                        Laboratory that applies for or accepts an award 
                        under clause (i) shall not be considered to be 
                        engaging in a competitive process.
                    (C) Accessing facilities and expertise.--The 
                Foundation may work with the Department--
                            (i) to leverage the capabilities and 
                        facilities of National Laboratories to 
                        commercialize technology; and
                            (ii) to assist with resources, including by 
                        providing information on the assets of each 
                        National Laboratory that may enable the 
                        commercialization of technology.
                    (D) Training and education.--The Foundation may 
                support programs that provide training to researchers, 
                scientists, other relevant personnel at National 
                Laboratories and institutions of higher education, and 
                previous or current recipients of or applicants for 
                Department funding to help research, develop, 
                demonstrate, and commercialize federally funded 
                technology.
                    (E) Maturation funding.--The Foundation shall 
                support programs that provide maturation funding to 
                researchers to advance the technology of those 
                researchers for the purpose of moving products from a 
                prototype stage to a commercial stage.
                    (F) Stakeholder engagement.--The Foundation shall 
                convene, and may consult with, representatives from the 
                Department, institutions of higher education, National 
                Laboratories, the private sector, and commercialization 
                organizations to develop programs for the purposes of 
                the Foundation described in paragraph (3) and to 
                advance the activities of the Foundation.
                    (G) Individual and federal laboratory-associated 
                foundations.--
                            (i) Definition of covered foundation.--In 
                        this subparagraph, the term ``covered 
                        foundation'' means each of the following:
                                    (I) An Individual Laboratory-
                                Associated Foundation.
                                    (II) A Federal Laboratory-
                                Associated Foundation established 
                                pursuant to subsection (c)(1).
                            (ii) Support.--The Foundation shall provide 
                        support to and collaborate with covered 
                        foundations.
                            (iii) Guidelines and templates.--For the 
                        purpose of providing support under clause (ii), 
                        the Secretary shall establish suggested 
                        guidelines and templates for covered 
                        foundations, including--
                                    (I) a standard adaptable 
                                organizational design for responsible 
                                management;
                                    (II) standard and legally tenable 
                                bylaws and money-handling procedures; 
                                and
                                    (III) a standard training 
                                curriculum to orient and expand the 
                                operating expertise of personnel 
                                employed by covered foundations.
                            (iv) Affiliations.--Nothing in this 
                        subparagraph requires--
                                    (I) an existing Individual 
                                Laboratory-Associated Foundation to 
                                modify current practices or affiliate 
                                with the Foundation; or
                                    (II) a covered foundation to be 
                                bound by charter or corporate bylaws as 
                                permanently affiliated with the 
                                Foundation.
                    (H) Supplemental programs.--The Foundation may 
                carry out supplemental programs--
                            (i) to conduct and support forums, 
                        meetings, conferences, courses, and training 
                        workshops consistent with the purposes of the 
                        Foundation described in paragraph (3);
                            (ii) to support and encourage the 
                        understanding and development of data that 
                        promotes the translation of technologies from 
                        the research stage, through the development and 
                        maturation stage, and ending in the market 
                        stage;
                            (iii) for writing, editing, printing, 
                        publishing, and vending books and other 
                        materials relating to research carried out 
                        under the Foundation and the Department; and
                            (iv) to conduct other activities to carry 
                        out and support the purposes of the Foundation 
                        described in paragraph (3).
                    (I) Evaluations.--The Foundation shall support the 
                development of an evaluation methodology, to be used as 
                part of any program supported by the Foundation, that 
                shall--
                            (i) consist of qualitative and quantitative 
                        metrics; and
                            (ii) include periodic third-party 
                        evaluation of those programs and other 
                        activities of the Foundation.
                    (J) Communications.--The Foundation shall develop 
                an expertise in communications to promote the work of 
                grant and fellowship recipients under subparagraph (B), 
                the commercialization successes of the Foundation, 
                opportunities for partnership with the Foundation, and 
                other activities.
                    (K) Solicitation and use of funds.--The Foundation 
                may solicit and accept gifts, grants, and other 
                donations, establish accounts, and invest and expend 
                funds in support of the activities and programs of the 
                Foundation.
                    (L) Authority of foundation.--The Foundation shall 
                be the sole entity responsible for carrying out the 
                activities described in this paragraph.
            (5) Administration.--
                    (A) Executive director.--The Board shall hire an 
                Executive Director of the Foundation, who shall serve 
                at the pleasure of the Board. Subject to the compliance 
                with the policies and bylaws established by the Board 
                pursuant to paragraph (2)(G), the Executive Director 
                shall be responsible for the daily operations of the 
                Foundation in carrying out the activities of the 
                Foundation described in paragraph (4).
                    (B) Administrative control.--No member of the 
                Board, officer or employee of the Foundation or of any 
                program established by the Foundation, or participant 
                in a program established by the Foundation, shall 
                exercise administrative control over any Federal 
                employee.
                    (C) Strategic plan.--Not later than 1 year after 
                the date of enactment of this Act, the Foundation shall 
                submit to the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Science, Space, and 
                Technology of the House of Representatives a strategic 
                plan that contains--
                            (i) a plan for the Foundation to become 
                        financially self-sustaining in fiscal year 2023 
                        and thereafter (except for the amounts provided 
                        each fiscal year under paragraph (12)(A)(iii));
                            (ii) a forecast of major crosscutting 
                        energy challenge opportunities, including 
                        short- and long-term objectives, identified by 
                        the Board, with input from communities 
                        representing the entities and areas of subject 
                        matter expertise, as applicable, described in 
                        paragraph (2)(B)(iii)(II);
                            (iii) a description of the efforts that the 
                        Foundation will take to be transparent in the 
                        processes of the Foundation, including 
                        processes relating to--
                                    (I) grant awards, including 
                                selection, review, and notification;
                                    (II) communication of past, 
                                current, and future research 
                                priorities; and
                                    (III) solicitation of and response 
                                to public input on the opportunities 
                                identified under clause (ii);
                            (iv) a description of the financial goals 
                        and benchmarks of the Foundation for the 
                        following 10 years;
                            (v) a description of the efforts undertaken 
                        by the Foundation to engage historically 
                        underrepresented groups or regions, including 
                        through collaborations with historically Black 
                        colleges and universities, Tribal Colleges and 
                        Universities, minority-serving institutions, 
                        and minority-owned and women-owned businesses; 
                        and
                            (vi) a description of the efforts 
                        undertaken by the Foundation to ensure maximum 
                        complementarity and minimum redundancy with 
                        investments made by the Department.
                    (D) Annual report.--Not later than 1 year after the 
                date on which the Foundation is established, and every 
                2 years thereafter, the Foundation shall submit to the 
                Committee on Energy and Natural Resources of the 
                Senate, the Committee on Science, Space, and Technology 
                of the House of Representatives, and the Secretary a 
                report that, for the year covered by the report--
                            (i) describes the activities of the 
                        Foundation and the progress of the Foundation 
                        in furthering the purposes of the Foundation 
                        described in paragraph (3);
                            (ii) provides a specific accounting of the 
                        source and use of all funds made available to 
                        the Foundation to carry out those activities to 
                        ensure transparency in the alignment of 
                        Department missions and policies with national 
                        security;
                            (iii) describes how the results of the 
                        activities of the Foundation could be 
                        incorporated into the procurement processes of 
                        the General Services Administration; and
                            (iv) includes a summary of each evaluation 
                        conducted using the evaluation methodology 
                        described in paragraph (4)(I).
                    (E) Evaluation by comptroller general.--Not later 
                than 5 years after the date on which the Foundation is 
                established, the Comptroller General of the United 
                States shall submit to the Committee on Energy and 
                Natural Resources of the Senate and the Committee on 
                Science, Space, and Technology of the House of 
                Representatives--
                            (i) an evaluation of--
                                    (I) the extent to which the 
                                Foundation is achieving the mission of 
                                the Foundation; and
                                    (II) the operation of the 
                                Foundation; and
                            (ii) any recommendations on how the 
                        Foundation may be improved.
                    (F) Audits.--The Foundation shall--
                            (i) provide for annual audits of the 
                        financial condition of the Foundation; and
                            (ii) make the audits, and all other 
                        records, documents, and papers of the 
                        Foundation, available to the Secretary and the 
                        Comptroller General of the United States for 
                        examination or audit.
                    (G) Separate fund accounts.--The Board shall ensure 
                that any funds received under paragraph (12)(A) are 
                held in a separate account from any other funds 
                received by the Foundation.
                    (H) Integrity.--
                            (i) 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.
                            (ii) Financial conflicts of interest.--To 
                        mitigate conflicts of interest and risks from 
                        malign foreign influence, 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--
                                    (I) the individual;
                                    (II) a relative (as defined in 
                                section 109 of the Ethics in Government 
                                Act of 1978 (5 U.S.C. App.)) of that 
                                individual; or
                                    (III) a business organization or 
                                other entity in which the individual 
                                has an interest, including an 
                                organization or other entity with which 
                                the individual is negotiating 
                                employment.
                    (I) 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.
                    (J) Liability.--
                            (i) In general.--The United States shall 
                        not be liable for any debts, defaults, acts, or 
                        omissions of--
                                    (I) the Foundation;
                                    (II) a Federal entity with respect 
                                to an agreement of that Federal entity 
                                with the Foundation; or
                                    (III) an Individual Laboratory-
                                Associated Foundation with respect to 
                                an agreement of that Federal entity 
                                with the Foundation.
                            (ii) Full faith and credit.--The full faith 
                        and credit of the United States shall not 
                        extend to any obligations of the Foundation.
                    (K) Nonapplicability of faca.--The Federal Advisory 
                Committee Act (5 U.S.C. App.) shall not apply to the 
                Foundation or an Individual Laboratory-Associated 
                Foundation.
            (6) Department collaboration.--
                    (A) National laboratories.--The Secretary shall 
                collaborate with the Foundation to develop a process to 
                ensure collaboration and coordination between the 
                Department, the Foundation, and National Laboratories--
                            (i) to streamline contracting processes 
                        between National Laboratories and the 
                        Foundation, including by--
                                    (I) streamlining the ability of the 
                                Foundation to transfer equipment and 
                                funds to National Laboratories;
                                    (II) standardizing contract 
                                mechanisms to be used by the Foundation 
                                in engaging with National Laboratories; 
                                and
                                    (III) streamlining the ability of 
                                the Foundation to fund endowed 
                                positions at National Laboratories;
                            (ii) to allow a National Laboratory or site 
                        of a National Laboratory--
                                    (I) to accept and perform work for 
                                the Foundation, consistent with 
                                provided resources, notwithstanding any 
                                other provision of law governing the 
                                administration, mission, use, or 
                                operations of the National Laboratory 
                                or site, as applicable; and
                                    (II) to perform that work on a 
                                basis equal to other missions at the 
                                National Laboratory; and
                            (iii) to permit the director of any 
                        National Laboratory or site of a National 
                        Laboratory to enter into a cooperative research 
                        and development agreement or negotiate a 
                        licensing agreement with the Foundation 
                        pursuant to section 12 of the Stevenson-Wydler 
                        Technology Innovation Act of 1980 (15 U.S.C. 
                        3710a).
                    (B) Department liaisons.--The Secretary shall 
                appoint liaisons from across the Department to 
                collaborate and coordinate with the Foundation, 
                including not less than 1 liaison from the Office of 
                Technology Transitions, who shall ensure that the 
                Foundation works in conjunction with and does not 
                duplicate existing activities and programs carried out 
                by the Department including the Technology 
                Commercialization Fund.
                    (C) Administration.--The Secretary shall leverage 
                appropriate arrangements, contracts, and directives to 
                carry out the process developed under subparagraph (A).
            (7) National security.--Nothing in this subsection exempts 
        the Foundation from any national security policy of the 
        Department.
            (8) 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.
            (9) Anti-deficiency act.--Subsection (a)(1) of section 1341 
        of title 31, United States Code (commonly referred to as the 
        ``Anti-Deficiency Act''), shall not apply to any Federal 
        officer or employee carrying out any activity of the Foundation 
        using funds of the Foundation.
            (10) Preemption of authority.--This subsection shall not 
        preempt any authority or responsibility of the Secretary under 
        any other provision of law.
            (11) Transfer funds.--The Foundation may transfer funds to 
        the Department, which shall be subject to all applicable 
        Federal limitations relating to federally funded research.
            (12) Authorization of appropriations.--
                    (A) In general.--There is authorized to be 
                appropriated--
                            (i) not less than $1,500,000 for the 
                        Secretary for fiscal year 2022 to establish the 
                        Foundation;
                            (ii) not less than $30,000,000 for the 
                        Foundation for fiscal year 2023 to carry out 
                        the activities of the Foundation; and
                            (iii) not less than $3,000,000 for the 
                        Foundation for each of the fiscal years 2024 
                        through 2026, for administrative and 
                        operational costs.
                    (B) Cost share.--Funds made available under 
                subparagraph (A)(ii) shall be required to be cost-
                shared by a partner of the Foundation other than the 
                Department or a National Laboratory.
    (c) National Energy Technology Laboratory-Associated Foundation.--
            (1) Establishment.--
                    (A) In general.--Notwithstanding any other 
                provision of law, the National Energy Technology 
                Laboratory may establish, or enter into an agreement 
                with a nonprofit organization to establish, a Federal 
                Laboratory-Associated Foundation (referred to in this 
                subsection as a ``Laboratory Foundation'') to support 
                the mission of the National Energy Technology 
                Laboratory.
                    (B) Not agency or instrumentality.--A Laboratory 
                Foundation shall not be an agency or instrumentality of 
                the Federal Government.
                    (C) Governance structure.--A Laboratory Foundation 
                established under subparagraph (A) shall have a 
                separate governance structure from, and shall be 
                managed independently of, the National Energy 
                Technology Laboratory.
            (2) Activities.--Activities of a Laboratory Foundation may 
        include--
                    (A) conducting support studies, competitions, 
                projects, research, and other activities that further 
                the purpose of the Laboratory Foundation;
                    (B) carrying out programs to foster collaboration 
                and partnership among researchers from the Federal 
                Government, State governments, institutions of higher 
                education, federally funded research and development 
                centers, and industry and nonprofit organizations 
                relating to the research, development, and 
                commercialization of federally supported technologies;
                    (C) carrying out programs to leverage technologies 
                to support new product development that supports 
                regional economic development;
                    (D) administering prize competitions--
                            (i) to accelerate private sector 
                        competition and investment; and
                            (ii) that complement the use of prize 
                        authority by the Department;
                    (E) providing fellowships and grants to research 
                and development personnel at, or affiliated with, 
                federally funded centers, in accordance with paragraph 
                (3);
                    (F) carrying out programs--
                            (i) that allow scientists from foreign 
                        countries to serve in research capacities in 
                        the United States or other countries in 
                        association with the National Energy Technology 
                        Laboratory;
                            (ii) that provide opportunities for 
                        employees of the National Energy Technology 
                        Laboratory to serve in research capacities in 
                        foreign countries;
                            (iii) to conduct studies, projects, or 
                        research in collaboration with national and 
                        international nonprofit and for-profit 
                        organizations, which may include the provision 
                        of stipends, travel, and other support for 
                        personnel;
                            (iv)(I) to hold forums, meetings, 
                        conferences, courses, and training workshops 
                        that may include undergraduate, graduate, post-
                        graduate, and post-doctoral accredited courses; 
                        and
                            (II) for the accreditation of those courses 
                        by the Laboratory Foundation at the State and 
                        national level for college degrees or 
                        continuing education credits;
                            (v) to support and encourage teachers and 
                        students of science at all levels of education;
                            (vi) to promote an understanding of science 
                        amongst the general public;
                            (vii) for writing, editing, printing, 
                        publishing, and vending of relevant books and 
                        other materials; and
                            (viii) for the conduct of other activities 
                        to carry out and support the purpose of the 
                        Laboratory Foundation; and
                    (G) receiving, administering, soliciting, 
                accepting, and using funds, gifts, devises, or 
                bequests, either absolutely or in trust of real or 
                personal property or any income therefrom, or other 
                interest or equity therein for the benefit of, or in 
                connection with, the mission of the applicable Federal 
                laboratory, in accordance with paragraph (4).
            (3) Fellowships and grants.--
                    (A) Selection.--Recipients of fellowships and 
                grants described in paragraph (2)(E) shall be 
                selected--
                            (i) by a Laboratory Foundation and the 
                        donors to a Laboratory Foundation;
                            (ii) subject to the agreement of the head 
                        of the agency the mission of which is supported 
                        by a Laboratory Foundation; and
                            (iii) in the case of a fellowship, based on 
                        the recommendation of the employees of the 
                        National Energy Technology Laboratory at which 
                        the fellow would serve.
                    (B) Expenses.--Fellowships and grants described in 
                paragraph (2)(E) may include stipends, travel, health 
                insurance, benefits, and other appropriate expenses.
            (4) Gifts.--An amount of funds, a gift, a devise, or a 
        bequest described in paragraph (2)(G) may be accepted by a 
        Laboratory Foundation regardless of whether it is encumbered, 
        restricted, or subject to a beneficial interest of a private 
        person if any current or future interest of the funds, gift, 
        devise, or bequest is for the benefit of the research and 
        development activities of the National Energy Technology 
        Laboratory.
            (5) Ownership by federal government.--A contribution, gift, 
        or any other transfer made to or for the use of a Laboratory 
        Foundation shall be regarded as a contribution, gift, or 
        transfer to or for the use of the Federal Government.
            (6) Liability.--The United States shall not be liable for 
        any debts, defaults, acts, or omissions of a Laboratory 
        Foundation.
            (7) Transfer of funds.--Notwithstanding any other provision 
        of law, a Laboratory Foundation may transfer funds to the 
        National Energy Technology Laboratory and the National Energy 
        Technology Laboratory may accept that transfer of funds.
            (8) Other laws.--This subsection shall not alter or 
        supersede any other provision of law governing the authority, 
        scope, establishment, or use of nonprofit organizations by a 
        Federal agency.
                                 <all>