(CC) has experience in tech-
nology commercialization or foun-
dation operations; and 
(bb) to the extent prac-
ticable, represents diverse re-
gions, 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 
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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 ex-
pertise, or entity, as applicable, under 
subparagraph (B)(iii)(II); and 
(II) shall not be representatives 
of any area of subject matter exper-
tise, or entity, as applicable, rep-
resented 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
MEM-
BERS.—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 mem-
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bers shall serve for 5 years, as deter-
mined by the Chair of the Board. 
(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 indi-
vidual 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 ap-
pointed members of the Board shall con-
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stitute a quorum for purposes of con-
ducting the business of the Board. 
(F) DUTIES.—The Board shall— 
(i) establish bylaws for the Founda-
tion 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 ac-
tivities 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, in-
cluding from private entities. 
(G) BYLAWS.— 
(i) IN GENERAL.—The bylaws estab-
lished under subparagraph (F)(i) may in-
clude— 
(I) policies for the selection of 
Board members, officers, employees, 
agents, and contractors of the Foun-
dation; 
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(II) policies, including ethical 
standards, for— 
(aa) the acceptance, solicita-
tion, and disposition of donations 
and grants to the Foundation, in-
cluding 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 em-
ployees, 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 Ex-
ecutive Director. 
(ii) 
REQUIREMENTS.—The 
Board 
shall ensure that the bylaws of the Foun-
dation and the activities carried out under 
those bylaws shall not— 
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(I) reflect unfavorably on the 
ability of the Foundation to carry out 
activities in a fair and objective man-
ner; or 
(II) compromise, or appear to 
compromise, the integrity of any gov-
ernmental 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 serv-
ing on the Board. 
(ii) CERTAIN EXPENSES.—In accord-
ance 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 ex-
penses incurred in carrying out the duties 
of the Board. 
(I) RESTRICTION
ON
MEMBERSHIP.—No 
employee of the Department shall be appointed 
as a member of the Board of Directors. 
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(3) PURPOSES.—The purposes of the Founda-
tion 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 civilian energy and environmental 
challenges through transformative science and 
technology solutions; and 
(B) to increase private and philanthropic 
sector investments that support efforts to cre-
ate, characterize, develop, test, validate, and 
commercialize innovative technologies that ad-
dress crosscutting national energy challenges, 
including those affecting minority, rural, and 
other underserved communities, by methods 
that include— 
(i) fostering collaboration and part-
nerships with researchers from the Federal 
Government, State governments, institu-
tions of higher education, including histori-
cally Black colleges and universities, Tribal 
Colleges or Universities, and minority-serv-
ing institutions, federally funded research 
and development centers, industry, and 
nonprofit organizations for the research, 
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development, 
or 
commercialization 
of 
transformative energy and associated tech-
nologies; 
(ii) strengthening and sharing best 
practices relating to regional economic de-
velopment through scientific and energy in-
novation, including in partnership with an 
Individual Laboratory-Associated Founda-
tion; 
(iii) promoting new product develop-
ment that supports job creation; 
(iv) 
administering 
prize 
competi-
tions— 
(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 the commercialization of a pro-
totype technology; 
(vi) supporting efforts to broaden par-
ticipation in energy technology develop-
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ment among individuals from historically 
underrepresented groups or regions; and 
(vii) facilitating access to Department 
facilities, equipment, and expertise to as-
sist 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 ac-
tivities relating to research, development, 
demonstration, or commercialization of en-
ergy 
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. 
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(iii) SELECTION.—In selecting a re-
cipient for a fellowship or grant under 
clause (i), the Foundation— 
(I) shall make the selection based 
on the technical and commercializa-
tion 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 pur-
poses of the Foundation described in 
paragraph (3). 
(iv) 
NATIONAL
LABORATORIES.—A 
National Laboratory that applies for or ac-
cepts an award under clause (i) shall not 
be considered to be engaging in a competi-
tive process. 
(C) ACCESSING
FACILITIES
AND
EXPER-
TISE.—The Foundation may work with the De-
partment— 
(i) to leverage the capabilities and fa-
cilities of National Laboratories to com-
mercialize technology; and 
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(ii) to assist with resources, including 
by providing information on the assets of 
each National Laboratory that may enable 
the commercialization of technology. 
(D) TRAINING
AND
EDUCATION.—The 
Foundation may support programs that provide 
training to researchers, scientists, other rel-
evant personnel at National Laboratories and 
institutions of higher education, and previous or 
current recipients of or applicants for Depart-
ment funding to help research, develop, dem-
onstrate, and commercialize federally funded 
technology. 
(E) MATURATION
FUNDING.—The Foun-
dation shall support programs that provide 
maturation funding to researchers to advance 
the technology of those researchers for the pur-
pose 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, in-
stitutions of higher education, National Labora-
tories, the private sector, and commercialization 
organizations to develop programs for the pur-
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poses of the Foundation described in paragraph 
(3) and to advance the activities of the Founda-
tion. 
(G) INDIVIDUAL
AND
FEDERAL
LABORA-
TORY-ASSOCIATED FOUNDATIONS.— 
(i) DEFINITION OF COVERED FOUN-
DATION.—In this subparagraph, the term 
‘‘covered foundation’’ means each of the 
following: 
(I) An Individual Laboratory-As-
sociated Foundation. 
(II) A Federal Laboratory-Asso-
ciated Foundation established pursu-
ant 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 estab-
lish suggested guidelines and templates for 
covered foundations, including— 
(I) a standard adaptable organi-
zational design for responsible man-
agement; 
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(II) standard and legally tenable 
bylaws and money-handling proce-
dures; and 
(III) a standard training cur-
riculum to orient and expand the op-
erating expertise of personnel em-
ployed by covered foundations. 
(iv) AFFILIATIONS.—Nothing in this 
subparagraph requires— 
(I) an existing Individual Labora-
tory-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 pro-
grams— 
(i) to conduct and support forums, 
meetings, conferences, courses, and train-
ing workshops consistent with the purposes 
of the Foundation described in paragraph 
(3); 
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