[Congressional Record Volume 166, Number 169 (Tuesday, September 29, 2020)]
[Senate]
[Pages S5991-S5993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2675. Mr. COONS submitted an amendment intended to be proposed by
him to the bill S. 2657, to support innovation in advanced geothermal
research and development, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ENERGY TECHNOLOGY COMMERCIALIZATION FOUNDATION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
described in subsection (b)(2)(A).
(2) Executive director.--The term ``Executive Director''
means the Executive Director described in subsection
(b)(5)(A).
(3) Foundation.--The term ``Foundation'' means the Energy
Technology Commercialization Foundation established under
subsection (b)(1).
(b) Energy Technology Commercialization Foundation.--
(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 ``Energy Technology
Commercialization Foundation''.
(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 accelerate 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 receives
a determination from the Internal Revenue Service 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 members
described in clause (ii).
(ii) Board members.--
(I) Initial members.--The Secretary may--
(aa) seek to enter into a contract 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, in consultation with the National Academies of
Sciences, Engineering, and Medicine.
(II) Representation.--The members of the Board shall
reflect a broad cross-section of stakeholders from academia,
industry, nonprofit organizations, State or local
governments, the investment community, the philanthropic
community, and management and operating contractors of the
National Laboratories.
(III) Experience.--The Secretary shall ensure that a
majority of the 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
and energy sectors.
(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 or
entity, as applicable, under subparagraph (B)(ii)(II); and
(II) shall not be representatives of any area 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.--Except as provided in subclause (II), the
term of service of each member of the Board shall be 5 years.
[[Page S5992]]
(II) Initial members.--Of the initial members of the Board
appointed under subparagraph (B)(ii)(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
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)(ii)(II);
(II) shall not affect the power of the remaining 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 members of the Board to incorporate the Foundation.
(ii) Quorum.--A majority of the 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
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.
(3) Purpose.--The purpose of the Foundation is to increase
private and philanthropic sector investments that support
efforts to create, develop, and commercialize innovative
technologies that address crosscutting national energy
challenges by methods that include--
(A) fostering collaboration and partnerships with
researchers from the Federal Government, 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 and associated
technologies;
(B)(i) strengthening regional economic development through
scientific and energy innovation; and
(ii) disseminating lessons learned from that development to
foster the creation and growth of new regional energy
innovation clusters;
(C) promoting new product development that supports job
creation;
(D) administering prize competitions to accelerate private
sector competition and investment; and
(E) supporting programs that advance technologies from the
prototype stage to a commercial stage.
(4) Activities.--
(A) Studies, competitions, and projects.--The Foundation
may conduct and support studies, competitions, projects, and
other activities that further the purpose 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, maturation, or commercialization of energy
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 purpose of the Foundation
described in paragraph (3).
(iv) National laboratories.--A National Laboratory that
applies for or accepts a grant 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 through the
development of internet websites that provide information on
the capabilities and facilities of each National Laboratory
relating to the commercialization of technology.
(D) Training and education.--The Foundation may support
programs that provide commercialization training to
researchers, scientists, and other relevant personnel at
National Laboratories and institutions of higher education to
help 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 purpose of the Foundation described
in paragraph (3) and to advance the activities of the
Foundation.
(G) Individual laboratory foundations program.--
(i) Definition of individual laboratory foundation.--In
this subparagraph, the term ``Individual Laboratory
Foundation'' means a Laboratory Foundation established by a
National Laboratory.
(ii) Support.--The Foundation shall provide support to and
collaborate with Individual Laboratory Foundations.
(iii) Guidelines and templates.--For the purpose of
providing support under clause (ii), the Secretary shall
establish suggested guidelines and templates for Individual
Laboratory Foundations, including--
(I) a standard adaptable organizational design for the
responsible management of an Individual Laboratory
Foundation;
(II) standard and legally tenable bylaws and money-handling
procedures for Individual Laboratory Foundations; and
(III) a standard training curriculum to orient and expand
the operating expertise of personnel employed by an
Individual Laboratory Foundation.
(iv) Affiliations.--Nothing in this subparagraph requires--
(I) an existing Individual Laboratory Foundation to modify
current practices or affiliate with the Foundation; or
(II) an Individual Laboratory 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 purpose
of the Foundation described in paragraph (3);
(ii) to support and encourage the understanding and
development of--
(I) data that promotes the translation of technologies from
the research stage, through the development and maturation
stage, and ending in the market stage; and
(II) policies that make regulation more effective and
efficient by leveraging the technology translation data
described in subclause (I) for the regulation of relevant
technology sectors;
(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 purpose 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,
[[Page S5993]]
grants, and other donations, establish accounts, and invest
and expend funds in support of the activities and programs of
the Foundation.
(5) Administration.--
(A) Executive director.--The Board shall hire an Executive
Director of the Foundation, who shall serve at the pleasure
of the Board.
(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 2022 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, as applicable, described
in paragraph (2)(B)(ii)(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); and
(iv) a description of the financial goals and benchmarks of
the Foundation for the following 10 years.
(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 purpose 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;
(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.--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.--The United States shall not be liable for
any debts, defaults, acts, or omissions of the Foundation nor
shall the full faith and credit of the United States 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.
(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; 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.
(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 section exempts the
Foundation from any national security policy of the
Department.
(8) Support services.--The Secretary shall 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 section 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 are authorized to be appropriated--
(i) to the Secretary, not less than $1,500,000 for fiscal
year 2021 to establish the Foundation;
(ii) to the Foundation, not less than $30,000,000 for
fiscal year 2021 to carry out the activities of the
Foundation; and
(iii) to the Foundation, not less than $3,000,000 for
fiscal year 2022, and each fiscal year thereafter, 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.
______