(ii) to support and encourage the un-
derstanding and development of data that 
promotes the translation of technologies 
from the research stage, through the devel-
opment and maturation stage, and ending 
in the market stage; 
(iii) for writing, editing, printing, pub-
lishing, and vending books and other mate-
rials 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 meth-
odology, to be used as part of any program sup-
ported by the Foundation, that shall— 
(i) consist of qualitative and quan-
titative metrics; and 
(ii) include periodic third-party eval-
uation of those programs and other activi-
ties of the Foundation. 
(J) COMMUNICATIONS.—The Foundation 
shall develop an expertise in communications to 
promote the work of grant and fellowship re-
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cipients under subparagraph (B), the commer-
cialization successes of the Foundation, oppor-
tunities 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. 
(L) AUTHORITY
OF
FOUNDATION.—The 
Foundation shall be the sole entity responsible 
for carrying out the activities described in this 
paragraph. 
(5) ADMINISTRATION.— 
(A) EXECUTIVE
DIRECTOR.—The Board 
shall hire an Executive Director of the Founda-
tion, who shall serve at the pleasure of the 
Board. Subject to the compliance with the poli-
cies and bylaws established by the Board pursu-
ant to paragraph (2)(G), the Executive Director 
shall be responsible for the daily operations of 
the Foundation in carrying out the activities of 
the Foundation described in paragraph (4). 
(B) 
ADMINISTRATIVE
CONTROL.—No 
member of the Board, officer or employee of the 
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Foundation or of any program established by 
the Foundation, or participant in a program es-
tablished by the Foundation, shall exercise ad-
ministrative 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 be-
come 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 commu-
nities 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 
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in the processes of the Foundation, includ-
ing processes relating to— 
(I) grant awards, including selec-
tion, review, and notification; 
(II) communication of past, cur-
rent, 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; 
(v) a description of the efforts under-
taken by the Foundation to engage histori-
cally underrepresented groups or regions, 
including through collaborations with his-
torically Black colleges and universities, 
Tribal Colleges and Universities, minority- 
serving institutions, and minority-owned 
and women-owned businesses; and 
(vi) a description of the efforts under-
taken by the Foundation to ensure max-
imum complementarity and minimum re-
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dundancy with investments made by the 
Department. 
(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 Tech-
nology 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 Foun-
dation 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 avail-
able 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 incor-
porated into the procurement processes of 
the General Services Administration; and 
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(iv) includes a summary of each eval-
uation conducted using the evaluation 
methodology described in paragraph (4)(I). 
(E) EVALUATION BY COMPTROLLER GEN-
ERAL.—Not later than 5 years after the date on 
which the Foundation is established, the Comp-
troller General of the United States shall sub-
mit 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 Foun-
dation is achieving the mission of the 
Foundation; and 
(II) the operation of the Founda-
tion; and 
(ii) any recommendations on how the 
Foundation may be improved. 
(F) AUDITS.—The Foundation shall— 
(i) provide for annual audits of the fi-
nancial condition of the Foundation; and 
(ii) make the audits, and all other 
records, documents, and papers of the 
Foundation, available to the Secretary and 
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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), au-
dits, and any other matters determined ap-
propriate by the Board. 
(ii) FINANCIAL CONFLICTS OF INTER-
EST.—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— 
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(I) the individual; 
(II) a relative (as defined in sec-
tion 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 organiza-
tion or other entity with which the in-
dividual 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.— 
(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 enti-
ty with the Foundation; or 
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(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 Sec-
retary 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; 
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(II) standardizing contract mech-
anisms to be used by the Foundation 
in engaging with National Labora-
tories; and 
(III) streamlining the ability of 
the Foundation to fund endowed posi-
tions 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 Na-
tional Laboratory or site of a National 
Laboratory to enter into a cooperative re-
search and development agreement or ne-
gotiate a licensing agreement with the 
Foundation pursuant to section 12 of the 
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Stevenson-Wydler Technology Innovation 
Act of 1980 (15 U.S.C. 3710a). 
(B) DEPARTMENT
LIAISONS.—The Sec-
retary shall appoint liaisons from across the 
Department to collaborate and coordinate with 
the Foundation, including not less than 1 liai-
son from the Office of Technology Transitions, 
who shall ensure that the Foundation works in 
conjunction with and does not duplicate existing 
activities and programs carried out by the De-
partment including the Technology Commer-
cialization Fund. 
(C) 
ADMINISTRATION.—The 
Secretary 
shall leverage appropriate arrangements, con-
tracts, and directives to carry out the process 
developed under subparagraph (A). 
(7) NATIONAL SECURITY.—Nothing in this sub-
section 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. 
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(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 em-
ployee carrying out any activity of the Foundation 
using funds of the Foundation. 
(10) PREEMPTION OF AUTHORITY.—This sub-
section shall not preempt any authority or responsi-
bility 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 is authorized to 
be appropriated— 
(i) not less than $1,500,000 for the 
Secretary for fiscal year 2022 to establish 
the Foundation; 
(ii) not less than $30,000,000 for the 
Foundation for fiscal year 2023 to carry 
out the activities of the Foundation; and 
(iii) not less than $3,000,000 for the 
Foundation for each of the fiscal years 
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2024 through 2026, 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 Lab-
oratory. 
(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 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 mis-
sion of the National Energy Technology Lab-
oratory. 
(B) 
NOT
AGENCY
OR
INSTRUMEN-
TALITY.—A Laboratory Foundation shall not be 
an agency or instrumentality of the Federal 
Government. 
(C) GOVERNANCE
STRUCTURE.—A Lab-
oratory Foundation established under subpara-
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graph (A) shall have a separate governance 
structure from, and shall be managed independ-
ently of, the National Energy Technology Lab-
oratory. 
(2) ACTIVITIES.—Activities of a Laboratory 
Foundation may include— 
(A) conducting support studies, competi-
tions, projects, research, and other activities 
that further the purpose of the Laboratory 
Foundation; 
(B) carrying out programs to foster col-
laboration and partnership among researchers 
from the Federal Government, State govern-
ments, institutions of higher education, feder-
ally funded research and development centers, 
and industry and nonprofit organizations relat-
ing to the research, development, and commer-
cialization of federally supported technologies; 
(C) carrying out programs to leverage 
technologies to support new product develop-
ment that supports regional economic develop-
ment; 
(D) administering prize competitions— 
(i) to accelerate private sector com-
petition and investment; and 
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(ii) that complement the use of prize 
authority by the Department; 
(E) providing fellowships and grants to re-
search and development personnel at, or affili-
ated with, federally funded centers, in accord-
ance 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 as-
sociation with the National Energy Tech-
nology Laboratory; 
(ii) that provide opportunities for em-
ployees 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 orga-
nizations, which may include the provision 
of stipends, travel, and other support for 
personnel; 
(iv)(I) to hold forums, meetings, con-
ferences, courses, and training workshops 
that may include undergraduate, graduate, 
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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 de-
grees or continuing education credits; 
(v) to support and encourage teachers 
and students of science at all levels of edu-
cation; 
(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 activi-
ties to carry out and support the purpose 
of the Laboratory Foundation; and 
(G) receiving, administering, soliciting, ac-
cepting, and using funds, gifts, devises, or be-
quests, 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 ap-
plicable Federal laboratory, in accordance with 
paragraph (4). 
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(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 Labora-
tory at which the fellow would serve. 
(B) EXPENSES.—Fellowships and grants 
described in paragraph (2)(E) may include sti-
pends, travel, health insurance, benefits, and 
other appropriate expenses. 
(4) GIFTS.—An amount of funds, a gift, a de-
vise, or a bequest described in paragraph (2)(G) 
may be accepted by a Laboratory Foundation re-
gardless 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, de-
vise, or bequest is for the benefit of the research and 
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development activities of the National Energy Tech-
nology 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 Tech-
nology Laboratory and the National Energy Tech-
nology Laboratory may accept that transfer of 
funds. 
(8) OTHER LAWS.—This subsection shall not 
alter or supersede any other provision of law gov-
erning the authority, scope, establishment, or use of 
nonprofit organizations by a Federal agency. 
Æ 
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