816 
(3) EXECUTIVE DIRECTOR.—The term ‘‘Execu-
tive Director’’ means the Executive Director de-
scribed in section 8403(e)(1). 
(4) FOUNDATION.—The term ‘‘Foundation’’ 
means the Energy Technology Commercialization 
Foundation established under section 8403(a). 
(5) NATIONAL LABORATORY.—The term ‘‘Na-
tional Laboratory’’ has the meaning given the term 
in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801). 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
SEC. 8403. ENERGY TECHNOLOGY COMMERCIALIZATION 
FOUNDATION. 
(a) ESTABLISHMENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Sec-
retary shall establish a nonprofit corporation to be 
known as the ‘‘Energy Technology Commercializa-
tion Foundation’’. 
(2) MISSION.—The mission of the Foundation 
shall be— 
(A) to support the mission of the Depart-
ment; and
817 
(B) to advance collaboration with energy 
researchers, institutions of higher education, in-
dustry, and nonprofit and philanthropic organi-
zations to accelerate the commercialization of 
energy technologies. 
(3) LIMITATION.—The Foundation shall not be 
an agency or instrumentality of the Federal Govern-
ment. 
(4) 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 it is an organiza-
tion that is described in section 501(c) of the Inter-
nal Revenue Code of 1986, and exempt from tax-
ation under section 501(a) of such Code. 
(5) COLLABORATION WITH EXISTING ORGANI-
ZATIONS.—The Secretary may collaborate with 1 or 
more organizations to establish the Foundation and 
carry out the activities of the Foundation. 
(b) BOARD OF DIRECTORS.— 
(1) ESTABLISHMENT.—The Foundation shall 
be governed by a Board of Directors. 
(2) COMPOSITION.—
818 
(A) IN
GENERAL.—The Board shall be 
composed of the members described in subpara-
graph (B). 
(B) BOARD MEMBERS.— 
(i) INITIAL MEMBERS.—The Secretary 
shall— 
(I) enter into a contract with the 
National Academies of Sciences, Engi-
neering, 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 clauses 
(ii) and (iii); and 
(II) appoint the initial members 
of the Board, in consultation with the 
National Academies of Sciences, Engi-
neering, and Medicine, with the re-
quirements of clauses (ii) and (iii). 
(ii) REPRESENTATION.—The members 
of the Board shall reflect a broad cross- 
section of stakeholders from academia, in-
dustry, nonprofit organizations, State or 
local governments, the investment commu-
nity, the philanthropic community, and
819 
management and operating contractors of 
the National Laboratories. 
(iii) 
EXPERIENCE.—The 
Secretary 
shall ensure that a majority of the mem-
bers of the Board— 
(I)(aa) has experience in the en-
ergy sector; 
(bb) has research experience in 
the energy field; or 
(cc) has experience in technology 
commercialization or foundation oper-
ations; and 
(II) to the extent practicable, 
represents diverse regions and energy 
sectors. 
(3) CHAIR AND VICE CHAIR.— 
(A) IN GENERAL.—The Board shall des-
ignate 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.
820 
(B) 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 para-
graph (4)(A), who is designated to be 
Chair or Vice Chair of the Board, as appli-
cable. 
(C) REPRESENTATION.—The Chair and 
Vice Chair of the Board— 
(i) shall not be representatives of the 
same area or entity, as applicable, under 
paragraph (2)(B)(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. 
(4) TERMS AND VACANCIES.— 
(A) TERMS.—