255 
‘‘(iv) a summary of the data collected 
under subparagraph (A). 
‘‘(C) DATA DISSEMINATION.—For the pur-
poses of program transparency and dissemina-
tion of best practices, the Administrator shall 
include on the public database under subsection 
(k)(1) information on the Innovative Ap-
proaches to Technology Transfer Grant Pro-
gram, including— 
‘‘(i) the program evaluation plan re-
quired under subparagraph (A); 
‘‘(ii) a list of recipients of awards 
under paragraph (1); and 
‘‘(iii) information on the use of grants 
under paragraph (1) by recipient institu-
tions.’’. 
SEC. 912. DOE PUBLIC-PRIVATE PARTNERSHIPS FOR COM-
MERCIALIZATION. 
(a) IN GENERAL.—Subject to subsections (b) and (c), 
the Secretary of Energy shall delegate to directors of the 
National Laboratories signature authority with respect to 
any agreement described in subsection (b) the total cost 
of which (including the National Laboratory contributions 
and project recipient cost share) is less than $1,000,000, 
if such an agreement falls within the scope of— 
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(1) a strategic plan for the National Laboratory 
that has been approved by the Department of En-
ergy; or 
(2) the most recent congressionally approved 
budget for Department of Energy activities to be 
carried out by the National Laboratory. 
(b) AGREEMENTS.—Subsection (a) applies to— 
(1) a cooperative research and development 
agreement; 
(2) a non-Federal work-for-others agreement; 
and 
(3) any other agreement determined to be ap-
propriate by the Secretary of Energy, in collabora-
tion with the directors of the National Laboratories. 
(c) ADMINISTRATION.— 
(1) ACCOUNTABILITY.—The director of the af-
fected National Laboratory and the affected con-
tractor shall carry out an agreement under this sec-
tion in accordance with applicable policies of the De-
partment of Energy, including by ensuring that the 
agreement does not compromise any national secu-
rity, economic, or environmental interest of the 
United States. 
(2) CERTIFICATION.—The director of the af-
fected National Laboratory and the affected con-
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tractor shall certify that each activity carried out 
under a project for which an agreement is entered 
into under this section does not present, or mini-
mizes, any apparent conflict of interest, and avoids 
or neutralizes any actual conflict of interest, as a re-
sult of the agreement under this section. 
(3) AVAILABILITY
OF
RECORDS.—Within 30 
days of entering an agreement under this section, 
the director of a National Laboratory shall submit 
to the Secretary of Energy for monitoring and re-
view all records of the National Laboratory relating 
to the agreement. 
(4) RATES.—The director of a National Lab-
oratory may charge higher rates for services per-
formed under a partnership agreement entered into 
pursuant to this section, regardless of the full cost 
of recovery, if such funds are used exclusively to 
support further research and development activities 
at the respective National Laboratory. 
(d) EXCEPTION.—This section does not apply to any 
agreement with a majority foreign-owned company. 
(e) CONFORMING AMENDMENT.—Section 12 of the 
Stevenson-Wydler Technology Innovation Act of 1980 (15 
U.S.C. 3710a) is amended— 
(1) in subsection (a)— 
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(A) by redesignating paragraphs (1) and 
(2) as subparagraphs (A) and (B), respectively; 
(B) by striking ‘‘Each Federal agency’’ 
and inserting the following: 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each Federal agency’’; and 
(C) by adding at the end the following: 
‘‘(2) EXCEPTION.—Notwithstanding paragraph 
(1), in accordance with section 813(a) of the Secur-
ing American Leadership in Science and Technology 
Act of 2021, approval by the Secretary of Energy 
shall not be required for any technology transfer 
agreement proposed to be entered into by a National 
Laboratory of the Department of Energy, the total 
cost of which (including the National Laboratory 
contributions and project recipient cost share) is less 
than $1,000,000.’’; and 
(2) in subsection (b), by striking ‘‘subsection 
(a)(1)’’ each place it appears and inserting ‘‘sub-
section (a)(1)(A)’’. 
(f) SAVINGS CLAUSE.—Nothing in this section or an 
amendment made by this section abrogates or otherwise 
affects the primary responsibilities of any National Lab-
oratory to the Department of Energy. 
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259 
SEC. 913. DEPARTMENT OF ENERGY FOUNDATION. 
(a) DEFINITIONS.—In this section: 
(1) BOARD.—The term ‘‘Board’’ means the 
Board of Directors for the Foundation described in 
section 3(c). 
(2) CHAIR.—The term ‘‘Chair’’ means the 
Chair of the Board described in section 3(c)(2). 
(3) EXECUTIVE DIRECTOR.—The term ‘‘Execu-
tive Director’’ means the Executive Director of the 
Board described in section 3(f)(2). 
(4) FOUNDATION.—The term ‘‘Foundation’’ 
means the Energy Foundation established under sec-
tion 3(a). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(b) ESTABLISHMENT OF ENERGY FOUNDATION.— 
(1) IN GENERAL.—Not later than December 31, 
2021, the Secretary shall establish a nonprofit cor-
poration to be known as the Energy Foundation re-
ferred to in this section as ‘‘the Foundation’’. 
(2) LIMITATION.—The Foundation shall not be 
an agency or instrumentality of the Federal Govern-
ment. 
(3) NONAPPLICABILITY OF FACA.—The Federal 
Advisory Committee Act (5 U.S.C. App.) shall not 
apply to the Foundation. 
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260 
(4) NONPROFIT
STATUS.—The Foundation 
shall be an organization described in section 501(c) 
of the Internal Revenue Code of 1986 and exempt 
from taxation under section 501(a) of that Code. 
(5) BOARD OF DIRECTORS.— 
(A) IN GENERAL.—The Foundation shall 
operate under a board of directors. 
(B) INITIAL
APPOINTMENT.—The initial 
appointment of the board of directors shall be 
facilitated by the Secretary. 
(C) COMPOSITION.—To the maximum ex-
tent practicable, the board of directors shall in-
clude representatives from a diverse range of 
communities, including— 
(i) the academic community; 
(ii) the business community; 
(iii) nonprofit organizations; 
(iv) the communities surrounding the 
laboratories and facilities of the Depart-
ment; and 
(v) the technology transfer and com-
mercialization community. 
(D) RESTRICTION ON MEMBERSHIP.—No 
employee of the Department shall be appointed 
as a member of the board of directors. 
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(6) PURPOSE
AND
ACTIVITIES
OF
FOUNDA-
TION.—The purpose of the Foundation is to channel 
private sector investments that support efforts to 
create, develop, and commercialize innovative tech-
nologies that address diverse energy challenges, by 
methods that may include— 
(A) fostering collaboration and partner-
ships between the Federal Government, State 
governments, institutions of higher education, 
federally funded research and development cen-
ters, industry, and nonprofit organizations for 
the research, development, or commercialization 
of next-generation energy technologies; 
(B) leveraging technologies to support new 
product development that supports regional in-
novation and economic development; and 
(C) administering prize competitions to ac-
celerate private sector competition and invest-
ment. 
(7) ACTIVITIES.— 
(A) IN GENERAL.—The Foundation may 
solicit and accept gifts, grants, and other dona-
tions, establish accounts, and invest and expend 
funds in support of the programs and activities 
described in subparagraphs (B) through (D). 
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(B) 
STUDIES, 
COMPETITIONS, 
AND 
PROJECTS.—The Foundation may conduct and 
support studies, competitions, projects, re-
search, development, commercialization, and 
other activities that further the purpose of the 
Foundation described in paragraph (1). 
(C) FELLOWSHIPS
AND
GRANTS.—The 
Foundation may award fellowships and grants 
to recipients selected under clause (iii) for ac-
tivities relating to research, development, proto-
typing, maturing, or commercializing of energy 
technologies. 
(i) USES
OF
FELLOWSHIPS
AND 
GRANTS.—A fellowship or grant under 
clause (i) may include stipends, travel, 
health insurance benefits, and other appro-
priate expenses. 
(ii) SELECTION.— 
(I) IN GENERAL.—The Founda-
tion shall award a fellowship or grant 
under clause (i) based on the technical 
and commercialization merits of the 
proposed project. 
(II) INPUT.—In selecting recipi-
ents of a fellowship or grant under 
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263 
clause (i), the Foundation may con-
sult with potential recipients regard-
ing the ability to carry out various 
projects that would further the pur-
pose of the Foundation described in 
paragraph (1). 
(iii) FEDERAL LABORATORIES.— 
(I) IN GENERAL.—Federal Lab-
oratories, including laboratories of the 
Department of Energy, may apply for 
and accept grants under clause (i). 
(II) EFFECT.—A Federal labora-
tory that applies for or accepts a 
grant under subclause (I) shall not be 
considered to be engaging in a com-
petitive procedure. 
(D) SUPPLEMENTARY
PROGRAMS.—The 
Foundation may carry out supplementary pro-
grams— 
(i) to conduct and support forums, 
meetings, conferences, courses, and train-
ing workshops consistent with the purpose 
of the Foundation described in paragraph 
(1); 
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(ii) to support and encourage the un-
derstanding and development of— 
(I) data reporting models that 
promote the translation of tech-
nologies from the research stage, 
through development and maturation, 
and to the market; 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 sec-
tors; 
(iii) for writing, editing, printing, pub-
lishing, and vending books and other mate-
rials relating to research carried out under 
the Foundation; and 
(iv) to conduct other activities to 
carry out and support the purpose de-
scribed in paragraph (1). 
(E) AUTHORITY
OF
FOUNDATION.—The 
Foundation shall be the sole entity responsible 
for carrying out the activities described in this 
paragraph. 
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(F) ADMINISTRATIVE CONTROL.—No par-
ticipant in a program under this paragraph or 
employee of the Foundation shall exercise any 
administrative control over any Federal em-
ployee. 
(G) 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 re-
search programs of the Department. 
Æ 
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