Title: Partnerships for Energy Security and Innovation Act of 2021
Policy area: Energy

Summary:
Partnerships for Energy Security and Innovation Act of 2021
This bill requires the Department of Energy (DOE) to establish the Foundation for Energy Security and Innovation. It also authorizes the establishment of the National Energy Technology Laboratory.
The Foundation for Energy Security and Innovation, a nonprofit corporation, must support DOE's mission and increase private and philanthropic sector investments that support efforts concerning the development, deployment, and commercialization of innovative technologies that address crosscutting national energy challenges. The foundation may award fellowships and grants for activities relating to research, development, demonstration, maturation, or commercialization of energy and other technologies supported by DOE.
In addition, the National Energy Technology Laboratory may establish a nongovernmental Federal Laboratory-Associated Foundation to advance U.S. energy security as specified by the bill.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1359 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1359

To establish the Foundation for Energy Security and Innovation, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2021

   Mr. Coons (for himself, Mr. Graham, and Mr. Lujan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To establish the Foundation for Energy Security and Innovation, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Partnerships for Energy Security and 
Innovation Act of 2021''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Board of Directors 
        described in section 3(b)(1).
            (2) Department.--The term ``Department'' means the 
        Department of Energy.
            (3) Executive director.--The term ``Executive Director'' 
        means the Executive Director described in section 3(e)(1).
            (4) Foundation.--The term ``Foundation'' means the 
        Foundation for Energy Security and Innovation established under 
        section (3)(a).
            (5) National laboratory.--The term ``National 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. 3. FOUNDATION FOR ENERGY SECURITY AND INNOVATION.

    (a) Establishment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a 
        nonprofit corporation to be known as the ``Foundation for 
        Energy Security and Innovation''.
            (2) Mission.--The mission of the Foundation shall be--
                    (A) to support the mission of the Department; and
                    (B) to advance collaboration with energy 
                researchers, institutions of higher education, 
                industry, and nonprofit and philanthropic organizations 
                to accelerate the commercialization of energy 
                technologies.
            (3) Limitation.--The Foundation shall not be an agency or 
        instrumentality of the Federal Government.
            (4) Tax-exempt status.--The Board shall take all necessary 
        and appropriate steps to ensure that the Foundation is an 
        organization that is described in section 501(c) of the 
        Internal Revenue Code of 1986 and exempt from taxation under 
        section 501(a) of that Code.
            (5) Collaboration with existing organizations.--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.--
                    (A) In general.--The Board shall be composed of the 
                ex officio nonvoting members described in subparagraph 
                (B) and the appointed voting members described in 
                subparagraph (C).
                    (B) Ex officio members.--The ex officio members of 
                the Board shall be the following individuals or 
                designees of those individuals:
                            (i) The Secretary.
                            (ii) The Under Secretary for Science and 
                        Energy.
                            (iii) The Under Secretary for Nuclear 
                        Security.
                            (iv) The Chief Commercialization Officer.
                    (C) Appointed members.--
                            (i) Initial members.--The Secretary and the 
                        other ex officio members of the Board shall--
                                    (I) seek to enter into an agreement 
                                with the National Academies of 
                                Sciences, Engineering, 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 from that list, if 
                                applicable, in consultation with the 
                                National Academies of Sciences, 
                                Engineering, and Medicine.
                            (ii) Representation.--The appointed members 
                        of the Board shall reflect a broad cross-
                        section of stakeholders from academia, 
                        industry, nonprofit organizations, State or 
                        local governments, the investment community, 
                        the philanthropic community, and management and 
                        operating contractors of the National 
                        Laboratories.
                            (iii) Experience.--The Secretary shall 
                        ensure that a majority of the appointed members 
                        of the Board--
                                    (I)(aa) has experience in the 
                                energy sector;
                                    (bb) has research experience in the 
                                energy field; or
                                    (cc) has experience in technology 
                                commercialization or foundation 
                                operations; and
                                    (II) to the extent practicable, 
                                represents diverse regions, sectors, 
                                and communities.
            (3) Chair and vice chair.--
                    (A) 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.
                    (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 paragraph 
                        (4)(A), who is designated to be Chair or Vice 
                        Chair of the Board, as applicable.
                    (C) Representation.--The Chair and Vice Chair of 
                the Board--
                            (i) shall not be representatives of the 
                        same area of subject matter expertise, or 
                        entity, as applicable, under paragraph 
                        (2)(C)(ii); and
                            (ii) shall not be representatives of any 
                        area of subject matter expertise, or entity, as 
                        applicable, represented by the immediately 
                        preceding Chair and Vice Chair of the Board.
            (4) Terms and vacancies.--
                    (A) 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 members.--Of the 
                        initial members of the Board appointed under 
                        paragraph (2)(C)(i), half of the members shall 
                        serve for 4 years and half of the members shall 
                        serve for 5 years, as determined by the Chair 
                        of the Board.
                    (B) 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 paragraph 
                        (2)(C)(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 individual 
                        selected by the Board.
            (5) Meetings; quorum.--
                    (A) 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.
                    (B) Quorum.--A majority of the appointed members of 
                the Board shall constitute a quorum for purposes of 
                conducting the business of the Board.
            (6) Duties.--The Board shall--
                    (A) establish bylaws for the Foundation in 
                accordance with paragraph (7);
                    (B) provide overall direction for the activities of 
                the Foundation and establish priority activities;
                    (C) carry out any other necessary activities of the 
                Foundation;
                    (D) evaluate the performance of the Executive 
                Director; and
                    (E) actively solicit and accept funds, gifts, 
                grants, devises, or bequests of real or personal 
                property to the Foundation, including from private 
                entities.
            (7) Bylaws.--
                    (A) In general.--The bylaws established under 
                paragraph (6)(A) may include--
                            (i) policies for the selection of Board 
                        members, officers, employees, agents, and 
                        contractors of the Foundation;
                            (ii) policies, including ethical standards, 
                        for--
                                    (I) the acceptance, solicitation, 
                                and disposition of donations and grants 
                                to the Foundation, including 
                                appropriate limits on the ability of 
                                donors to designate, by stipulation or 
                                restriction, the use or recipient of 
                                donated funds; and
                                    (II) the disposition of assets of 
                                the Foundation;
                            (iii) policies that subject all employees, 
                        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 Executive 
                        Director.
                    (B) Requirements.--The Board shall ensure that the 
                bylaws of the Foundation and the activities carried out 
                under those bylaws shall not--
                            (i) reflect unfavorably on the ability of 
                        the Foundation to carry out activities in a 
                        fair and objective manner; or
                            (ii) compromise, or appear to compromise, 
                        the integrity of any governmental agency or 
                        program, or any officer or employee employed 
                        by, or involved in, a governmental agency or 
                        program.
            (8) Compensation.--
                    (A) In general.--No member of the Board shall 
                receive compensation for serving on the Board.
                    (B) Certain expenses.--In accordance 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 expenses 
                incurred in carrying out the duties of the Board.
    (c) Purposes.--The purposes of the Foundation are--
            (1) to support the Department in carrying out the mission 
        of the Department to ensure the security and prosperity of the 
        United States by addressing energy, environmental, and nuclear 
        challenges through transformative science and technology 
        solutions; and
            (2) to increase private and philanthropic sector 
        investments that support efforts to create, characterize, 
        develop, test, validate, and deploy or commercialize innovative 
        technologies that address crosscutting national energy 
        challenges by methods that include--
                    (A) fostering collaboration and partnerships with 
                researchers from the Federal Government, State 
                governments, institutions of higher education, 
                federally funded research and development centers, 
                industry, and nonprofit organizations for the research, 
                development, or commercialization of transformative 
                energy and associated technologies;
                    (B) strengthening and sharing best practices 
                relating to regional economic development through 
                scientific and energy innovation, including in 
                partnership with an Individual Laboratory-Associated 
                Foundation (as defined in subsection (d)(7)(A));
                    (C) promoting new product development that supports 
                job creation;
                    (D) administering prize competitions to accelerate 
                private sector competition and investment;
                    (E) supporting programs that advance technology 
                maturation, especially where there may be gaps in 
                Federal or private funding in advancing a technology to 
                deployment or commercialization from the prototype 
                stage to a commercial stage; and
                    (F) facilitating access to Department facilities, 
                equipment, and human expertise to assist in tackling 
                national challenges.
    (d) Activities.--
            (1) 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 subsection (c).
            (2) Fellowships and grants.--
                    (A) In general.--The Foundation may award 
                fellowships and grants for activities relating to 
                research, development, demonstration, maturation, or 
                commercialization of energy and other Department-
                supported technologies.
                    (B) Form of award.--A fellowship or grant under 
                subparagraph (A) may consist of a stipend, health 
                insurance benefits, funds for travel, and funds for 
                other appropriate expenses.
                    (C) Selection.--In selecting a recipient for a 
                fellowship or grant under subparagraph (A), the 
                Foundation--
                            (i) shall make the selection based on the 
                        technical and commercialization 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 purposes of the Foundation 
                        described in subsection (c).
                    (D) National laboratories.--A National Laboratory 
                that applies for or accepts a grant under subparagraph 
                (A) shall not be considered to be engaging in a 
                competitive process.
            (3) Accessing facilities and expertise.--The Foundation may 
        work with the Department--
                    (A) to leverage the capabilities and facilities of 
                National Laboratories to commercialize technology; and
                    (B) to assist with resources, including by 
                providing information on the assets of each National 
                Laboratory that may enable the deployment and 
                commercialization of technology.
            (4) Training and education.--The Foundation may support 
        programs that provide training to researchers, scientists, and 
        other relevant personnel at National Laboratories and 
        institutions of higher education to help demonstrate, deploy, 
        and commercialize federally funded technology.
            (5) Maturation funding.--The Foundation shall support 
        programs that provide maturation funding to researchers to 
        advance the technology of those researchers for the purpose of 
        moving products from a prototype stage to a commercial stage.
            (6) Stakeholder engagement.--The Foundation shall convene, 
        and may consult with, representatives from the Department, 
        institutions of higher education, National Laboratories, the 
        private sector, and commercialization organizations to develop 
        programs for the purposes of the Foundation described in 
        subsection (c) and to advance the activities of the Foundation.
            (7) Individual and federal laboratory-associated 
        foundations.--
                    (A) Definitions.--In this paragraph:
                            (i) Covered foundation.--The term ``covered 
                        foundation'' means each of the following:
                                    (I) An Individual Laboratory-
                                Associated Foundation.
                                    (II) a Federal Laboratory-
                                Associated Foundation established 
                                pursuant to section 4(a).
                            (ii) Individual laboratory-associated 
                        foundation.--The term ``Individual Laboratory-
                        Associated Foundation'' means a Laboratory 
                        Foundation established by an operating 
                        contractor of a National Laboratory.
                    (B) Support.--The Foundation shall provide support 
                to and collaborate with covered foundations.
                    (C) Guidelines and templates.--For the purpose of 
                providing support under subparagraph (B), the Secretary 
                shall establish suggested guidelines and templates for 
                covered foundations, including--
                            (i) a standard adaptable organizational 
                        design for responsible management;
                            (ii) standard and legally tenable bylaws 
                        and money-handling procedures; and
                            (iii) a standard training curriculum to 
                        orient and expand the operating expertise of 
                        personnel employed by covered foundations.
                    (D) Affiliations.--Nothing in this paragraph 
                requires--
                            (i) an existing Individual Laboratory-
                        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.
            (8) For-profit subsidiaries.--
                    (A) In general.--The Foundation may establish 1 or 
                more for-profit subsidiaries, including an impact 
                investment fund--
                            (i) to stimulate economic development 
                        activities relating to the purposes of the 
                        Foundation described in subsection (c); and
                            (ii) to attract for-profit investment 
                        partners for technology translation and 
                        commercialization activities.
                    (B) Authorities of the for-profit subsidiary.--
                            (i) In general.--Subject to clause (ii), a 
                        for-profit subsidiary established under 
                        subparagraph (A) may--
                                    (I) enter into a partnership with 
                                an economic development corporation, 
                                including an incubator, accelerator, or 
                                small business investment company;
                                    (II) pay for the cost of building 
                                and administering a facility, including 
                                a microlab or incubator, to support the 
                                activities of the Foundation described 
                                in this subsection; and
                                    (III) provide funding to a startup.
                            (ii) Cost recovery requirements.--A for-
                        profit subsidiary established under 
                        subparagraph (A) shall--
                                    (I) ensure that the Foundation owns 
                                any intellectual property rights 
                                generated through activities funded by 
                                the for-profit subsidiary, if 
                                appropriate; and
                                    (II) own an equity stake in any 
                                startup invested in by the for-profit 
                                subsidiary.
            (9) Supplemental programs.--The Foundation may carry out 
        supplemental programs--
                    (A) to conduct and support forums, meetings, 
                conferences, courses, and training workshops consistent 
                with the purposes of the Foundation described in 
                subsection (c);
                    (B) to support and encourage the understanding and 
                development of--
                            (i) data that promotes the translation of 
                        technologies from the research stage, through 
                        the development and maturation stage, and 
                        ending in the market stage; and
                            (ii) policies that make regulation more 
                        effective and efficient by leveraging the 
                        technology translation data described in clause 
                        (i) for the regulation of relevant technology 
                        sectors;
                    (C) for writing, editing, printing, publishing, and 
                vending books and other materials relating to research 
                carried out under the Foundation and the Department; 
                and
                    (D) to conduct other activities to carry out and 
                support the purposes of the Foundation described in 
                subsection (c).
            (10) Evaluations.--The Foundation shall support the 
        development of an evaluation methodology, to be used as part of 
        any program supported by the Foundation, that shall--
                    (A) consist of qualitative and quantitative 
                metrics; and
                    (B) include periodic third party evaluation of 
                those programs and other activities of the Foundation.
            (11) Communications.--The Foundation shall develop an 
        expertise in communications to promote the work of grant and 
        fellowship recipients under paragraph (2), the 
        commercialization successes of the Foundation, opportunities 
        for partnership with the Foundation, and other activities.
            (12) 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.
    (e) Administration.--
            (1) Executive director.--The Board shall hire an Executive 
        Director of the Foundation, who shall serve at the pleasure of 
        the Board.
            (2) Administrative control.--No member of the Board, 
        officer or employee of the Foundation or of any program 
        established by the Foundation, or participant in a program 
        established by the Foundation, shall exercise administrative 
        control over any Federal employee.
            (3) 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--
                    (A) a plan for the Foundation to become financially 
                self-sustaining in fiscal year 2023 and thereafter 
                (except for the amounts provided each fiscal year under 
                subsection (l)(1)(C));
                    (B) a forecast of major crosscutting energy 
                challenge opportunities, including short- and long-term 
                objectives, identified by the Board, with input from 
                communities representing the entities and areas of 
                subject matter expertise, as applicable, described in 
                subsection (b)(2)(C)(ii);
                    (C) a description of the efforts that the 
                Foundation will take to be transparent in the processes 
                of the Foundation, including processes relating to--
                            (i) grant awards, including selection, 
                        review, and notification;
                            (ii) communication of past, current, and 
                        future research priorities; and
                            (iii) solicitation of and response to 
                        public input on the opportunities identified 
                        under subparagraph (B);
                    (D) a description of the financial goals and 
                benchmarks of the Foundation for the following 10 
                years; and
                    (E) a description of the efforts undertaken by the 
                Foundation to ensure maximum complementarity and 
                minimum redundancy with investments made by the 
                Department.
            (4) 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 Technology of the House of Representatives, 
        and the Secretary a report that, for the year covered by the 
        report--
                    (A) describes the activities of the Foundation and 
                the progress of the Foundation in furthering the 
                purposes of the Foundation described in subsection (c);
                    (B) 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;
                    (C) describes how the results of the activities of 
                the Foundation could be incorporated into the 
                procurement processes of the General Services 
                Administration; and
                    (D) includes a summary of each evaluation conducted 
                using the evaluation methodology described in 
                subsection (d)(10).
            (5) 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--
                    (A) 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
                    (B) any recommendations on how the Foundation may 
                be improved.
            (6) Audits.--The Foundation shall--
                    (A) provide for annual audits of the financial 
                condition of the Foundation; and
                    (B) make the audits, and all other records, 
                documents, and papers of the Foundation, available to 
                the Secretary and the Comptroller General of the United 
                States for examination or audit.
            (7) Separate fund accounts.--The Board shall ensure that 
        any funds received under subsection (l)(1) are held in a 
        separate account from any other funds received by the 
        Foundation.
            (8) Integrity.--
                    (A) 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), audits, 
                and any other matters determined appropriate by the 
                Board.
                    (B) Financial conflicts of interest.--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--
                            (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.
            (9) Intellectual property.--The Board shall adopt written 
        standards to govern the ownership and licensing of any 
        intellectual property rights--
                    (A) developed by the Foundation through activities 
                funded by a for-profit subsidiary established under 
                subsection (d)(8); or
                    (B) otherwise derived from the collaborative 
                efforts of the Foundation.
            (10) Liability.--
                    (A) 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 entity with the 
                        Foundation; or
                            (iii) an Individual Laboratory-Associated 
                        Foundation (as defined in subsection (d)(7)(A)) 
                        with respect to an agreement of that Federal 
                        entity with the Foundation.
                    (B) Full faith and credit.--The full faith and 
                credit of the United States shall not extend to any 
                obligations of the Foundation.
            (11) Nonapplicability of faca.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to the 
        Foundation.
    (f) Department Collaboration.--
            (1) National laboratories.--The Secretary shall collaborate 
        with the Foundation to develop a process to ensure 
        collaboration and coordination between the Department, the 
        Foundation, and National Laboratories--
                    (A) 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;
                            (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 Laboratories;
                    (B) 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
                    (C) to permit the director of any National 
                Laboratory 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 
                Technology Innovation Act of 1980 (15 U.S.C. 3710a).
            (2) 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 the 
        Technology Commercialization Fund of the Department.
            (3) Administration.--The Secretary shall leverage 
        appropriate arrangements, contracts, and directives to carry 
        out the process developed under paragraph (1).
    (g) National Security.--Nothing in this section exempts the 
Foundation from any national security policy of the Department.
    (h) Support Services.--The Secretary shall 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.
    (i) 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 employee 
carrying out any activity of the Foundation using funds of the 
Foundation.
    (j) Preemption of Authority.--This section shall not preempt any 
authority or responsibility of the Secretary under any other provision 
of law.
    (k) Transfer Funds.--The Foundation may transfer funds to the 
Department, which shall be subject to all applicable Federal 
limitations relating to federally funded research.
    (l) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated--
                    (A) to the Secretary, not less than $1,500,000 for 
                fiscal year 2022 to establish the Foundation;
                    (B) to the Foundation, not less than $30,000,000 
                for fiscal year 2023 to carry out the activities of the 
                Foundation; and
                    (C) to the Foundation, not less than $3,000,000 for 
                fiscal year 2024, and each fiscal year thereafter, for 
                administrative and operational costs.
            (2) Cost share.--Funds made available under paragraph 
        (1)(B) shall be required to be cost-shared by a partner of the 
        Foundation other than the Department.

SEC. 4. NATIONAL ENERGY TECHNOLOGY LABORATORY-ASSOCIATED FOUNDATION.

    (a) Establishment.--
            (1) 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 section as a ``Laboratory Foundation'') to support 
        the mission of the National Energy Technology Laboratory.
            (2) Not agency or instrumentality.--A Laboratory Foundation 
        shall not be an agency or instrumentality of the Federal 
        Government.
            (3) Governance structure.--A Laboratory Foundation 
        established under paragraph (1) shall have a separate 
        governance structure from, and shall be managed independently 
        of, the National Energy Technology Laboratory.
    (b) Activities.--Activities of a Laboratory Foundation may 
include--
            (1) conducting support studies, competitions, projects, 
        research, and other activities that further the purpose of the 
        Laboratory Foundation;
            (2) carrying out programs to foster collaboration and 
        partnership among researchers from the Federal Government, 
        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;
            (3) carrying out programs to leverage technologies to 
        support new product development that supports regional economic 
        development;
            (4) administering prize competitions to accelerate private 
        sector competition and investment;
            (5) providing fellowships and grants to research and 
        development personnel at, or affiliated with, federally funded 
        centers, in accordance with subsection (c);
            (6) carrying out programs--
                    (A) 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;
                    (B) that provide opportunities for employees of the 
                National Energy Technology Laboratory to serve in 
                research capacities in foreign countries;
                    (C) to conduct studies, projects, or research in 
                collaboration with national and international nonprofit 
                and for-profit organizations, which may include the 
                provision of stipends, travel, and other support for 
                personnel;
                    (D)(i) to hold forums, meetings, conferences, 
                courses, and training workshops that may include 
                undergraduate, graduate, 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 degrees or continuing education credits;
                    (E) to support and encourage teachers and students 
                of science at all levels of education;
                    (F) to promote an understanding of science amongst 
                the general public;
                    (G) for writing, editing, printing, publishing, and 
                vending of relevant books and other materials; and
                    (H) for the conduct of other activities to carry 
                out and support the purpose of the Laboratory 
                Foundation; and
            (7) receiving, administering, soliciting, accepting, and 
        using funds, gifts, devises, or bequests, 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 applicable Federal 
        laboratory, in accordance with subsection (d).
    (c) Fellowships and Grants.--
            (1) Selection.--Recipients of fellowships and grants 
        described in subsection (b)(5) shall be selected--
                    (A) by the donors of a Laboratory Foundation and a 
                Laboratory Foundation;
                    (B) subject to the agreement of the head of the 
                agency the mission of which is supported by a 
                Laboratory Foundation; and
                    (C) in the case of a fellowship, based on the 
                recommendation of the employees of the National Energy 
                Technology Laboratory at which the fellow would serve.
            (2) Expenses.--Fellowships and grants described in 
        subsection (b)(5) may include stipends, travel, health 
        insurance, benefits, and other appropriate expenses.
    (d) Gifts.--An amount of funds, a gift, a devise, or a bequest 
described in subsection (b)(7) may be accepted by a Laboratory 
Foundation regardless 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, devise, or bequest is for the 
benefit of the research and development activities of the National 
Energy Technology Laboratory.
    (e) 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.
    (f) Liability.--The United States shall not be liable for any 
debts, defaults, acts, or omissions of a Laboratory Foundation.
    (g) Transfer of Funds.--Notwithstanding any other provision of law, 
a Laboratory Foundation may transfer funds to the National Energy 
Technology Laboratory and the National Energy Technology Laboratory may 
accept that transfer of funds.
    (h) Other Laws.--This section shall not alter or supersede any 
other provision of law governing the authority, scope, establishment, 
or use of nonprofit organizations by a Federal agency.
                                 <all>