H. R. 4346—331 
(III) solicitation of and response to public input 
on the opportunities identified under clause (ii); 
(iv) a description of the financial goals and bench-
marks 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 or Universities, minority-serving institutions, 
and minority-owned and women-owned business, and; 
(vi) 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 
years thereafter, the Foundation shall submit to the Com-
mittee 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 pur-
poses 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 procure-
ment processes of the General Services Administration; 
and 
(iv) includes a summary of each evaluation con-
ducted 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 condi-
tion of the Foundation; and 
(ii) make the audits, and all other records, docu-
ments, 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 (11)(A)
H. R. 4346—332 
are held in a separate account from any other funds 
received by the Foundation. 
(I) INTEGRITY.— 
(i) IN GENERAL.—To ensure integrity in the oper-
ations 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 miti-
gate 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 partici-
pation 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) INTELLECTUAL PROPERTY.—The Board shall adopt 
written standards to govern the ownership and licensing 
of any intellectual property rights developed by the Founda-
tion or derived from the collaborative efforts of the Founda-
tion. 
(K) 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 agree-
ment 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. 
(L) 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 Depart-
ment, 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 Lab-
oratories;
H. R. 4346—333 
(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 Labora-
tories; 
(ii) to allow a National Laboratory or site of a 
National Laboratory— 
(I) to accept and perform work for the Founda-
tion, consistent with provided resources, notwith-
standing 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 Labora-
tory 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 Tech-
nology 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 pro-
grams carried out by the Department, including the Tech-
nology 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 facili-
ties, 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) PREEMPTION OF AUTHORITY.—This subsection shall not 
preempt any authority or responsibility of the Secretary under 
any other provision of law. 
(10) TRANSFER FUNDS.—The Foundation may transfer funds 
to the Department, which shall be subject to all applicable 
Federal limitations relating to federally funded research. 
(11) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN
GENERAL.—There is authorized to be appro-
priated— 
(i) not less than $1,500,000 shall be for the Sec-
retary for fiscal year 2023 to establish the Foundation; 
(ii) not less than $30,000,000 shall be for the 
Foundation for fiscal year 2024 to carry out the activi-
ties of the Foundation; and 
(iii) not less than $3,000,000 shall be for the 
Foundation for each of the fiscal years 2025 through 
2027 for administrative and operational costs.
H. R. 4346—334 
(B) LIMITATION.—None of the funds authorized to be 
appropriated to the Secretary by subparagraph (A)(i) of 
this paragraph shall be used for construction. 
(C) 
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.—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 Founda-
tion established under subparagraph (A) shall have a sepa-
rate governance structure from, and shall be managed 
independently of, the National Energy Technology Labora-
tory. 
(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 Govern-
ment, 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