[Congressional Record Volume 167, Number 87 (Wednesday, May 19, 2021)]
[Senate]
[Pages S3121-S3124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1588. Mr. COONS (for himself, Mr. Graham, Mr. Lujan, and Mr. 
Barrasso) submitted an amendment intended to be proposed to amendment 
SA 1502 proposed by Mr. Schumer to the bill S. 1260, to establish a new 
Directorate for Technology and Innovation in the National Science 
Foundation, to establish a regional technology hub program, to require 
a strategy and report on economic security, science, research, 
innovation, manufacturing, and job creation, to establish a critical 
supply chain resiliency program, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in title V of division B, insert 
     the following:

     SEC. 25__. 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) Individual laboratory-associated foundation.--The term 
     ``Individual Laboratory-Associated Foundation'' means a 
     Laboratory Foundation established by an operating contractor 
     of a National Laboratory.
       (6) 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).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (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 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 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, 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.

[[Page S3122]]

       (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.
       (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 energy, environmental, and 
     nuclear 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 deploy or commercialize 
     innovative technologies that address crosscutting national 
     energy challenges by methods that include--
       (i) 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;
       (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 advancing a technology to deployment or 
     commercialization from the prototype stage to a commercial 
     stage; and
       (vi) facilitating access to Department facilities, 
     equipment, and human 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, maturation, 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 deployment and 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 
     demonstrate, deploy, 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.

[[Page S3123]]

       (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.
       (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) Compensation.--The Executive Director shall be 
     compensated at a level not greater than the rate payable for 
     level IV of the Executive Schedule under section 5315 of 
     title 5, United States Code.
       (C) 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.
       (D) 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; and
       (v) a description of the efforts undertaken by the 
     Foundation to ensure maximum complementarity and minimum 
     redundancy with investments made by the Department.
       (E) 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).
       (F) 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.
       (G) 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.
       (H) 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.
       (I) 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.

       (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 the 
     Technology Commercialization Fund of the Department.
       (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.--Of the amounts authorized to be 
     appropriated under section 2117(a)--
       (i) not less than $1,500,000 shall be for the Secretary for 
     fiscal year 2022 to establish the Foundation;
       (ii) not less than $30,000,000 shall be for the Foundation 
     for fiscal year 2023 to carry out the activities of the 
     Foundation; and
       (iii) not less than $3,000,000 shall be for the Foundation 
     for fiscal year 2024, 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 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

[[Page S3124]]

     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.
                                 ______