---
kind: "section"
citation: "42 U.S.C. § 19281"
title: "42"
title_heading: "The Public Health and Welfare"
number: "19281"
heading: "Foundation for Energy Security and Innovation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/19281"
units:
  - "Chapter 163 — Research and Development, Competition, and Innovation"
  - "Subchapter VI — Miscellaneous Science and Technology Provisions"
  - "Part G — Partnerships for Energy Security and Innovation"
---

# §19281. Foundation for Energy Security and Innovation

- (a) **Definitions—** In this section:
  - (1) **Board—** The term “Board” means the Board of [Directors](/usc/42/19184.md?p=1) described in [subsection (b)(2)(A)](#b-2-A).
  - (2) **Department—** The term “[Department](/usc/42/19291.md?p=2)” means the [Department](/usc/42/19291.md?p=2) of Energy.
  - (3) **Executive Director—** The term “Executive [Director](/usc/42/19184.md?p=1)” means the Executive [Director](/usc/42/19184.md?p=1) described in [subsection (b)(5)(A)](#b-5-A).
  - (4) **Foundation—** The term “[Foundation](/usc/42/18901.md?p=11)” means the [Foundation](/usc/42/18901.md?p=11) for Energy Security and Innovation established under [subsection (b)(1)](#b-1).
  - (5) **Historically Black college or university—** The term “historically Black college or university” has the meaning given the term “[part B institution](/usc/42/18901.md?p=12)” in [section 1061 of title 20](/usc/20/1061.md).
  - (6) **Individual Laboratory-Associated Foundation—** The term “Individual Laboratory-Associated [Foundation](/usc/42/18901.md?p=11)” means a Laboratory [Foundation](/usc/42/18901.md?p=11) established by an operating contractor of a [National Laboratory](/usc/42/19291.md?p=7).
  - (7) **Minority-serving institution—** The term “[minority serving institution](/usc/42/19184.md?p=3)” means a Hispanic-serving institution as defined in [section 1101a of title 20](/usc/20/1101a.md), an Alaska Native-serving institution and a Native Hawaiian-serving institution as defined in section in[^1] [1059d](/usc/20/1059d.md) of title 20, or a Predominantly Black Institution, Asian American and Native American Pacific Islander-serving institution, or a Native American-serving nontribal institution as defined in [section 1067q of title 20](/usc/20/1067q.md).
  - (8) **National Laboratory—** The term “[National Laboratory](/usc/42/19291.md?p=7)” has the meaning given the term in [section 15801 of this title](/usc/42/15801.md).
  - (9) **Secretary—** The term “[Secretary](/usc/42/19291.md?p=8)” means the [Secretary](/usc/42/19291.md?p=8) of Energy.
  - (10) **Tribal College or University—** The term “[Tribal College or University](/usc/42/18901.md?p=30)” has the meaning given in [section 1059c of title 20](/usc/20/1059c.md).
- (b) **Foundation for Energy Security and Innovation—**
  - (1) **Establishment—**
    - (A) **In general—** Not later than 180 days after August 9, 2022, the [Secretary](/usc/42/19291.md?p=8) shall establish a [nonprofit](/usc/42/300s–3.md?p=3) [corporation](/usc/42/2297h.md?p=2) to be known as the “[Foundation](/usc/42/18901.md?p=11) for Energy Security and Innovation”.
    - (B) **Mission—** The mission of the [Foundation](/usc/42/18901.md?p=11) shall be—
      - (i) to support the mission of the [Department](/usc/42/19291.md?p=2); and
      - (ii) to advance collaboration with energy researchers, institutions of higher education, industry, and [nonprofit](/usc/42/300s–3.md?p=3) and philanthropic organizations to accelerate the commercialization of energy technologies.
    - (C) **Limitation—** The [Foundation](/usc/42/18901.md?p=11) shall not be an [agency](/usc/42/8262.md?p=1) or instrumentality of the Federal Government.
    - (D) **Tax-exempt status—** The Board shall take all necessary and appropriate steps to ensure that the [Foundation](/usc/42/18901.md?p=11) is an organization that is described in [section 501(c) of title 26](/usc/26/501.md?p=c) and exempt from taxation under [section 501(a) of title 26](/usc/26/501.md?p=a).
    - (E) **Collaboration with existing organizations—** The [Secretary](/usc/42/19291.md?p=8) may collaborate with 1 or more organizations to establish the [Foundation](/usc/42/18901.md?p=11) and carry out the activities of the [Foundation](/usc/42/18901.md?p=11).
  - (2) **Board of Directors—**
    - (A) **Establishment—** The [Foundation](/usc/42/18901.md?p=11) shall be governed by a Board of [Directors](/usc/42/19184.md?p=1).
    - (B) **Composition—**
      - (i) **In general—** The Board shall be composed of the ex officio nonvoting members described in [clause (ii)](#b-2-B-ii) and the appointed voting members described in [clause (iii)](#b-2-B-iii).
      - (ii) **Ex officio members—** The ex officio members of the Board shall be the following individuals or designees of those individuals:
        - (I) The [Secretary](/usc/42/19291.md?p=8).
        - (II) The Under [Secretary](/usc/42/19291.md?p=8) for Science.
        - (III) The Under [Secretary](/usc/42/19291.md?p=8) for Nuclear Security.
        - (IV) The Chief Commercialization Officer.
      - (iii) Appointed members
        - (I) **Initial members—** The [Secretary](/usc/42/19291.md?p=8) and the other ex officio members of the Board shall—
          - (aa) seek to enter into an agreement with the [National Academies](/usc/42/18901.md?p=20) 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 subclauses [(II)](#b-2-B-iii-II) and [(III)](#b-2-B-iii-III); and
          - (bb) appoint the initial members of the Board from that list, if applicable, in consultation with the [National Academies](/usc/42/18901.md?p=20) of Sciences, Engineering, and Medicine.
        - (II) **Representation—** The appointed members of the Board shall reflect a broad cross-section of stakeholders from academia, [National Laboratories](/usc/42/19291.md?p=7), industry, [nonprofit](/usc/42/300s–3.md?p=3) organizations, [State](/usc/42/2021b.md?p=14) or local governments, the investment community, and the philanthropic community.
        - (III) **Experience—** The [Secretary](/usc/42/19291.md?p=8) shall ensure that a majority of the appointed members of the Board—
          - (aa)
            - (AA) has experience in the energy sector;
            - (BB) has research experience in the energy field; or
            - (CC) has experience in technology commercialization or [foundation](/usc/42/18901.md?p=11) operations; and
          - (bb) to the extent practicable, represents diverse regions, 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)](#b-2-D-i), who is 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 expertise, or entity, as applicable, under [subparagraph (B)(iii)(II)](#b-2-B-iii-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.
    - (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 members—** Of the initial members of the Board appointed under [subparagraph (B)(iii)(I)](#b-2-B-iii-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.
      - (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](/usc/42/18901.md?p=11) 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)](#b-2-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 individual selected by the Board.
    - (E) **Meetings; quorum—**
      - (i) **Initial meeting—** Not later than 60 days after the Board is established, the [Secretary](/usc/42/19291.md?p=8) shall convene a meeting of the ex officio and appointed members of the Board to incorporate the [Foundation](/usc/42/18901.md?p=11).
      - (ii) **Quorum—** A majority of the appointed members of the Board shall constitute a quorum for purposes of conducting the business of the Board.
    - (F) **Duties—** The Board shall—
      - (i) establish bylaws for the [Foundation](/usc/42/18901.md?p=11) in accordance with [subparagraph (G)](#b-2-G);
      - (ii) provide overall direction for the activities of the [Foundation](/usc/42/18901.md?p=11) and establish priority activities;
      - (iii) carry out any other necessary activities of the [Foundation](/usc/42/18901.md?p=11);
      - (iv) evaluate the performance of the Executive [Director](/usc/42/19184.md?p=1); and
      - (v) actively solicit and accept funds, gifts, [grants](/usc/42/19291.md?p=5), devises, or bequests of real or personal property to the [Foundation](/usc/42/18901.md?p=11), including from private entities.
    - (G) **Bylaws—**
      - (i) **In general—** The bylaws established under [subparagraph (F)(i)](#b-2-F-i) may include—
        - (I) policies for the selection of Board members, officers, employees, agents, and contractors of the [Foundation](/usc/42/18901.md?p=11);
        - (II) policies, including ethical standards, for—
          - (aa) the acceptance, solicitation, and disposition of donations and [grants](/usc/42/19291.md?p=5) to the [Foundation](/usc/42/18901.md?p=11), including appropriate limits on the ability of donors to designate, by stipulation or restriction, the use or [recipient](/usc/42/18901.md?p=24) of donated funds; and
          - (bb) the disposition of assets of the [Foundation](/usc/42/18901.md?p=11);
        - (III) policies that subject all employees, fellows, trainees, and other agents of the [Foundation](/usc/42/18901.md?p=11) (including ex officio and appointed members of the Board) to conflict of interest standards; and
        - (IV) the specific duties of the Executive [Director](/usc/42/19184.md?p=1).
      - (ii) **Requirements—** The Board shall ensure that the bylaws of the [Foundation](/usc/42/18901.md?p=11) and the activities carried out under those bylaws shall not—
        - (I) reflect unfavorably on the ability of the [Foundation](/usc/42/18901.md?p=11) to carry out activities in a fair and objective manner; or
        - (II) compromise, or appear to compromise, the integrity of any governmental [agency](/usc/42/8262.md?p=1) or program, or any officer or employee employed by, or involved in, a governmental [agency](/usc/42/8262.md?p=1) or program.
    - (H) **Compensation—**
      - (i) **In general—** No member of the Board shall receive compensation for serving on the Board.
      - (ii) **Certain expenses—** In accordance with the bylaws of the [Foundation](/usc/42/18901.md?p=11), 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.
    - (I) **Restriction on membership—** No employee of the [Department](/usc/42/19291.md?p=2) shall be appointed as a member of the Board of [Directors](/usc/42/19184.md?p=1).
  - (3) **Purposes—** The purposes of the [Foundation](/usc/42/18901.md?p=11) are—
    - (A) to support the [Department](/usc/42/19291.md?p=2) in carrying out the mission of the [Department](/usc/42/19291.md?p=2) to ensure the security and prosperity of the United States by addressing energy and environmental challenges through transformative science and technology solutions; and
    - (B) 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, including those affecting minority, rural, and other underserved communities, by methods that include—
      - (i) fostering collaboration and partnerships with researchers from the Federal Government, [State](/usc/42/2021b.md?p=14) governments, institutions of higher education, including historically Black colleges or universities, Tribal Colleges or Universities, and [minority-serving institutions](/usc/42/18901.md?p=19), federally funded research and development [centers](/usc/42/18901.md?p=17), industry, and [nonprofit](/usc/42/300s–3.md?p=3) organizations for the research, development, or commercialization of transformative energy and associated technologies;
      - (ii) strengthening and sharing best [practices](/usc/42/17061.md?p=19) relating to regional economic development through scientific and energy innovation, including in partnership with an Individual Laboratory-Associated [Foundation](/usc/42/18901.md?p=11);
      - (iii) promoting new product development that supports job creation;
      - (iv) administering prize competitions—
        - (I) to accelerate private sector competition and investment; and
        - (II) that complement the use of prize authority by the [Department](/usc/42/19291.md?p=2);
      - (v) 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;
      - (vi) supporting efforts to broaden participation in energy technology development among individuals from historically underrepresented groups or regions; and
      - (vii) facilitating access to [Department](/usc/42/19291.md?p=2) facilities, equipment, and expertise to assist in tackling national challenges.
  - (4) **Activities—**
    - (A) **Studies, competitions, and projects—** The [Foundation](/usc/42/18901.md?p=11) may conduct and support studies, competitions, [projects](/usc/42/13641.md?p=2), and other activities that further the purposes of the [Foundation](/usc/42/18901.md?p=11) described in [paragraph (3)](#b-3).
    - (B) **Fellowships and grants—**
      - (i) **In general—** The [Foundation](/usc/42/18901.md?p=11) may award fellowships and [grants](/usc/42/19291.md?p=5) for activities relating to research, development, demonstration, maturation, or commercialization of energy and other [Department](/usc/42/19291.md?p=2)-supported technologies.
      - (ii) **Form of award—** A fellowship or [grant](/usc/42/19291.md?p=5) under [clause (i)](#b-4-B-i) may consist of a stipend, health insurance benefits, funds for travel, and funds for other appropriate expenses.
      - (iii) **Selection—** In selecting a [recipient](/usc/42/18901.md?p=24) for a fellowship or [grant](/usc/42/19291.md?p=5) under [clause (i)](#b-4-B-i), the [Foundation](/usc/42/18901.md?p=11)—
        - (I) shall make the selection based on the technical and commercialization merits of the proposed [project](/usc/42/13641.md?p=2) of the potential [recipient](/usc/42/18901.md?p=24); and
        - (II) may consult with a potential [recipient](/usc/42/18901.md?p=24) regarding the ability of the potential [recipient](/usc/42/18901.md?p=24) to carry out various [projects](/usc/42/13641.md?p=2) that would further the purposes of the [Foundation](/usc/42/18901.md?p=11) described in [paragraph (3)](#b-3).
      - (iv) **National Laboratories—** A [National Laboratory](/usc/42/19291.md?p=7) that applies for or accepts an award under [clause (i)](#b-4-B-i) shall not be considered to be engaging in a competitive process.
    - (C) **Accessing facilities and expertise—** The [Foundation](/usc/42/18901.md?p=11) may work with the [Department](/usc/42/19291.md?p=2)—
      - (i) to leverage the capabilities and facilities of [National Laboratories](/usc/42/19291.md?p=7) to commercialize technology; and
      - (ii) to assist with resources, including by providing information on the assets of each [National Laboratory](/usc/42/19291.md?p=7) that may enable the deployment and commercialization of technology.
    - (D) **Training and education—** The [Foundation](/usc/42/18901.md?p=11) may support programs that provide training to researchers, scientists, other relevant personnel at [National Laboratories](/usc/42/19291.md?p=7) and institutions of higher education, and previous or current [recipients](/usc/42/18901.md?p=24) of or applicants for [Department](/usc/42/19291.md?p=2) funding to help research, develop, demonstrate, deploy, and commercialize federally funded technology.
    - (E) **Maturation funding—** The [Foundation](/usc/42/18901.md?p=11) 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.
    - (F) **Stakeholder engagement—** The [Foundation](/usc/42/18901.md?p=11) shall convene, and may consult with, representatives from the [Department](/usc/42/19291.md?p=2), institutions of higher education, [National Laboratories](/usc/42/19291.md?p=7), the private sector, and commercialization organizations to develop programs for the purposes of the [Foundation](/usc/42/18901.md?p=11) described in [paragraph (3)](#b-3) and to advance the activities of the [Foundation](/usc/42/18901.md?p=11).
    - (G) **Individual and Federal Laboratory-Associated Foundations—**
      - (i) **Definition of covered foundation—** In this subparagraph, the term “covered [foundation](/usc/42/18901.md?p=11)” means each of the following:
        - (I) An Individual Laboratory-Associated [Foundation](/usc/42/18901.md?p=11).
        - (II) A [Federal Laboratory](/usc/42/18901.md?p=9)-Associated [Foundation](/usc/42/18901.md?p=11) established pursuant to [subsection (c)(1)](#c-1).
      - (ii) **Support—** The [Foundation](/usc/42/18901.md?p=11) shall provide support to and collaborate with covered [foundations](/usc/42/18901.md?p=11).
      - (iii) **Guidelines and templates—** For the purpose of providing support under [clause (ii)](#b-4-G-ii), the [Secretary](/usc/42/19291.md?p=8) shall establish suggested guidelines and templates for covered [foundations](/usc/42/18901.md?p=11), 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](/usc/42/18901.md?p=11).
      - (iv) **Affiliations—** Nothing in this subparagraph requires—
        - (I) an existing Individual Laboratory-Associated [Foundation](/usc/42/18901.md?p=11) to modify current [practices](/usc/42/17061.md?p=19) or affiliate with the [Foundation](/usc/42/18901.md?p=11); or
        - (II) a covered [foundation](/usc/42/18901.md?p=11) to be bound by charter or corporate bylaws as permanently affiliated with the [Foundation](/usc/42/18901.md?p=11).
    - (H) **Supplemental programs—** The [Foundation](/usc/42/18901.md?p=11) may carry out supplemental programs—
      - (i) to conduct and support forums, meetings, conferences, courses, and training workshops consistent with the purposes of the [Foundation](/usc/42/18901.md?p=11) described in [paragraph (3)](#b-3);
      - (ii) to support and encourage the understanding and development of data that promotes the translation of technologies from the research stage, through the development and maturation stage, and ending in the market stage;
      - (iii) for writing, editing, printing, publishing, and vending books and other materials relating to research carried out under the [Foundation](/usc/42/18901.md?p=11) and the [Department](/usc/42/19291.md?p=2); and
      - (iv) to conduct other activities to carry out and support the purposes of the [Foundation](/usc/42/18901.md?p=11) described in [paragraph (3)](#b-3).
    - (I) **Evaluations—** The [Foundation](/usc/42/18901.md?p=11) shall support the development of an evaluation methodology, to be used as part of any program supported by the [Foundation](/usc/42/18901.md?p=11), that shall—
      - (i) consist of qualitative and quantitative metrics; and
      - (ii) include periodic third party evaluation of those programs and other activities of the [Foundation](/usc/42/18901.md?p=11).
    - (J) **Communications—** The [Foundation](/usc/42/18901.md?p=11) shall develop an expertise in communications to promote the work of [grant](/usc/42/19291.md?p=5) and fellowship [recipients](/usc/42/18901.md?p=24) under [subparagraph (B)](#b-4-B), the commercialization successes of the [Foundation](/usc/42/18901.md?p=11), opportunities for partnership with the [Foundation](/usc/42/18901.md?p=11), and other activities.
    - (K) **Solicitation and use of funds—** The [Foundation](/usc/42/18901.md?p=11) may solicit and accept gifts, [grants](/usc/42/19291.md?p=5), and other donations, establish accounts, and invest and expend funds in support of the activities and programs of the [Foundation](/usc/42/18901.md?p=11).
    - (L) **Authority of the foundation—** The [Foundation](/usc/42/18901.md?p=11) 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](/usc/42/19184.md?p=1) of the [Foundation](/usc/42/18901.md?p=11), who shall serve at the pleasure of the Board. Subject to the compliance with the policies and bylaws established pursuant to [paragraph (2)(G)](#b-2-G), the Executive [Director](/usc/42/19184.md?p=1) shall be responsible for the daily operations of the [Foundation](/usc/42/18901.md?p=11) in carrying the activities described in [paragraph (4)](#b-4).
    - (B) **Compensation—** The rate of compensation of the Executive [Director](/usc/42/19184.md?p=1) shall be fixed by the Board.
    - (C) **Administrative control—** No member of the Board, officer or employee of the [Foundation](/usc/42/18901.md?p=11) or of any program established by the [Foundation](/usc/42/18901.md?p=11), or participant in a program established by the [Foundation](/usc/42/18901.md?p=11), shall exercise administrative control over any Federal employee.
    - (D) **Strategic plan—** Not later than 1 year after August 9, 2022, the [Foundation](/usc/42/18901.md?p=11) 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](/usc/42/18901.md?p=11) to become financially self-sustaining in fiscal year 2023 and thereafter (except for the amounts provided each fiscal year under [paragraph (11)(A)(iii)](#b-11-A-iii));
      - (ii) 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 [paragraph (2)(B)(iii)(II)](#b-2-B-iii-II);
      - (iii) a description of the efforts that the [Foundation](/usc/42/18901.md?p=11) will take to be transparent in the processes of the [Foundation](/usc/42/18901.md?p=11), including processes relating to—
        - (I) [grant](/usc/42/19291.md?p=5) 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 [clause (ii)](#b-5-D-ii);
      - (iv) a description of the financial goals and benchmarks of the [Foundation](/usc/42/18901.md?p=11) for the following 10 years;
      - (v) a description of the efforts undertaken by the [Foundation](/usc/42/18901.md?p=11) to engage historically underrepresented groups or regions, including through collaborations with historically Black colleges and universities, Tribal Colleges or Universities, [minority-serving institutions](/usc/42/18901.md?p=19), and minority-owned and women-owned business, and;[^2]
      - (vi) a description of the efforts undertaken by the [Foundation](/usc/42/18901.md?p=11) to ensure maximum complementarity and minimum redundancy with investments made by the [Department](/usc/42/19291.md?p=2).
    - (E) **Annual report—** Not later than 1 year after the date on which the [Foundation](/usc/42/18901.md?p=11) is established, and every years[^3] thereafter, the [Foundation](/usc/42/18901.md?p=11) 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](/usc/42/19291.md?p=8) a report that, for the year covered by the report—
      - (i) describes the activities of the [Foundation](/usc/42/18901.md?p=11) and the progress of the [Foundation](/usc/42/18901.md?p=11) in furthering the purposes of the [Foundation](/usc/42/18901.md?p=11) described in [paragraph (3)](#b-3);
      - (ii) provides a specific accounting of the source and use of all funds made available to the [Foundation](/usc/42/18901.md?p=11) to carry out those activities to ensure transparency in the alignment of [Department](/usc/42/19291.md?p=2) missions and policies with national security;
      - (iii) describes how the results of the activities of the [Foundation](/usc/42/18901.md?p=11) could be incorporated into the procurement processes of the General Services Administration; and
      - (iv) includes a summary of each evaluation conducted using the evaluation methodology described in [paragraph (4)(I)](#b-4-I).
    - (F) **Evaluation by Comptroller General—** Not later than 5 years after the date on which the [Foundation](/usc/42/18901.md?p=11) 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—
      - (i) an evaluation of—
        - (I) the extent to which the [Foundation](/usc/42/18901.md?p=11) is achieving the mission of the [Foundation](/usc/42/18901.md?p=11); and
        - (II) the operation of the [Foundation](/usc/42/18901.md?p=11); and
      - (ii) any recommendations on how the [Foundation](/usc/42/18901.md?p=11) may be improved.
    - (G) **Audits—** The [Foundation](/usc/42/18901.md?p=11) shall—
      - (i) provide for annual audits of the financial condition of the [Foundation](/usc/42/18901.md?p=11); and
      - (ii) make the audits, and all other records, documents, and papers of the [Foundation](/usc/42/18901.md?p=11), available to the [Secretary](/usc/42/19291.md?p=8) and the Comptroller General of the United States for examination or audit.
    - (H) **Separate fund accounts—** The Board shall ensure that any funds received under [paragraph (11)(A)](#b-11-A) are held in a separate account from any other funds received by the [Foundation](/usc/42/18901.md?p=11).
    - (I) **Integrity—**
      - (i) **In general—** To ensure integrity in the operations of the [Foundation](/usc/42/18901.md?p=11), 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.
      - (ii) **Financial conflicts of interest—** 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](/usc/42/18901.md?p=11) of a matter that would directly or predictably affect any financial interest of—
        - (I) the individual;
        - (II) a relative (as defined in [section 109](/usc/42/109.md) of the Ethics in Government Act of 1978 (5 U.S.C. App.)[^4]) 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.
    - (J) **Intellectual property—** The Board shall adopt written standards to govern the ownership and licensing of any intellectual property rights developed by the [Foundation](/usc/42/18901.md?p=11) or derived from the collaborative efforts of the [Foundation](/usc/42/18901.md?p=11).
    - (K) **Liability—**
      - (i) **In general—** The United States shall not be liable for any debts, defaults, acts, or omissions of—
        - (I) the [Foundation](/usc/42/18901.md?p=11);
        - (II) a Federal entity with respect to an agreement of that Federal entity with the [Foundation](/usc/42/18901.md?p=11); or
        - (III) an Individual Laboratory-Associated [Foundation](/usc/42/18901.md?p=11) with respect to an agreement of that Federal entity with the [Foundation](/usc/42/18901.md?p=11).
      - (ii) **Full faith and credit—** The full faith and credit of the United States shall not extend to any obligations of the [Foundation](/usc/42/18901.md?p=11).
    - (L) **Nonapplicability of FACA—** The Federal Advisory Committee Act (5 U.S.C. App.)[^4] shall not apply to the [Foundation](/usc/42/18901.md?p=11) or an Individual Laboratory-Associated [Foundation](/usc/42/18901.md?p=11).
  - (6) **Department collaboration—**
    - (A) **National Laboratories—** The [Secretary](/usc/42/19291.md?p=8) shall collaborate with the [Foundation](/usc/42/18901.md?p=11) to develop a process to ensure collaboration and coordination between the [Department](/usc/42/19291.md?p=2), the [Foundation](/usc/42/18901.md?p=11), and [National Laboratories](/usc/42/19291.md?p=7)—
      - (i) to streamline contracting processes between [National Laboratories](/usc/42/19291.md?p=7) and the [Foundation](/usc/42/18901.md?p=11), including by—
        - (I) streamlining the ability of the [Foundation](/usc/42/18901.md?p=11) to transfer equipment and funds to [National Laboratories](/usc/42/19291.md?p=7);
        - (II) standardizing contract mechanisms to be used by the [Foundation](/usc/42/18901.md?p=11) in engaging with [National Laboratories](/usc/42/19291.md?p=7); and
        - (III) streamlining the ability of the [Foundation](/usc/42/18901.md?p=11) to fund endowed positions at [National Laboratories](/usc/42/19291.md?p=7);
      - (ii) to allow a [National Laboratory](/usc/42/19291.md?p=7) or site of a [National Laboratory](/usc/42/19291.md?p=7)—
        - (I) to accept and perform work for the [Foundation](/usc/42/18901.md?p=11), consistent with provided resources, notwithstanding any other provision of law governing the administration, mission, use, or operations of the [National Laboratory](/usc/42/19291.md?p=7) or site, as applicable; and
        - (II) to perform that work on a basis equal to other missions at the [National Laboratory](/usc/42/19291.md?p=7); and
      - (iii) to permit the [director](/usc/42/19184.md?p=1) of any [National Laboratory](/usc/42/19291.md?p=7) or site of a [National Laboratory](/usc/42/19291.md?p=7) to enter into a cooperative research and development agreement or negotiate a licensing agreement with the [Foundation](/usc/42/18901.md?p=11) pursuant to [section 3710a of title 15](/usc/15/3710a.md).
    - (B) **Department liaisons—** The [Secretary](/usc/42/19291.md?p=8) shall appoint liaisons from across the [Department](/usc/42/19291.md?p=2) to collaborate and coordinate with the [Foundation](/usc/42/18901.md?p=11), including not less than 1 liaison from the Office of Technology Transitions, who shall ensure that the [Foundation](/usc/42/18901.md?p=11) works in conjunction with and does not duplicate existing activities and programs carried out by the [Department](/usc/42/19291.md?p=2), including the Technology Commercialization Fund of the [Department](/usc/42/19291.md?p=2).
    - (C) **Administration—** The [Secretary](/usc/42/19291.md?p=8) shall leverage appropriate arrangements, contracts, and directives to carry out the process developed under [subparagraph (A)](#b-6-A).
  - (7) **National security—** Nothing in this subsection exempts the [Foundation](/usc/42/18901.md?p=11) from any national security policy of the [Department](/usc/42/19291.md?p=2).
  - (8) **Support services—** The [Secretary](/usc/42/19291.md?p=8) may provide facilities, utilities, and support services to the [Foundation](/usc/42/18901.md?p=11) if it is determined by the [Secretary](/usc/42/19291.md?p=8) to be advantageous to the research programs of the [Department](/usc/42/19291.md?p=2).
  - (9) **Preemption of authority—** This subsection shall not preempt any authority or responsibility of the [Secretary](/usc/42/19291.md?p=8) under any other provision of law.
  - (10) **Transfer funds—** The [Foundation](/usc/42/18901.md?p=11) may transfer funds to the [Department](/usc/42/19291.md?p=2), which shall be subject to all applicable Federal limitations relating to federally funded research.
  - (11) **Authorization of appropriations—**
    - (A) **In general—** There is authorized to be appropriated—
      - (i) not less than $1,500,000 shall be for the [Secretary](/usc/42/19291.md?p=8) for fiscal year 2023 to establish the [Foundation](/usc/42/18901.md?p=11);
      - (ii) not less than $30,000,000 shall be for the [Foundation](/usc/42/18901.md?p=11) for fiscal year 2024 to carry out the activities of the [Foundation](/usc/42/18901.md?p=11); and
      - (iii) not less than $3,000,000 shall be for the [Foundation](/usc/42/18901.md?p=11) for each of the fiscal years 2025 through 2027 for administrative and operational costs.
    - (B) **Limitation—** None of the funds authorized to be appropriated to the [Secretary](/usc/42/19291.md?p=8) by subparagraph (A)(i) of this paragraph shall be used for [construction](/usc/42/300s–3.md?p=7).
    - (C) **Cost share—** Funds made available under [subparagraph (A)(ii)](#b-11-A-ii) shall be required to be cost-shared by a partner of the [Foundation](/usc/42/18901.md?p=11) other than the [Department](/usc/42/19291.md?p=2) or a [National Laboratory](/usc/42/19291.md?p=7).
- (c) **National Energy Technology Laboratory-Associated Foundation—**
  - (1) **Establishment—**
    - (A) **In general—** The National Energy Technology Laboratory may establish, or enter into an agreement with a [nonprofit](/usc/42/300s–3.md?p=3) organization to establish, a [Federal Laboratory](/usc/42/18901.md?p=9)-Associated [Foundation](/usc/42/18901.md?p=11) (referred to in this subsection as a “Laboratory [Foundation](/usc/42/18901.md?p=11)”) to support the mission of the National Energy Technology Laboratory.
    - (B) **Not agency or instrumentality—** A Laboratory [Foundation](/usc/42/18901.md?p=11) shall not be an [agency](/usc/42/8262.md?p=1) or instrumentality of the Federal Government.
    - (C) **Governance structure—** A Laboratory [Foundation](/usc/42/18901.md?p=11) established under [subparagraph (A)](#c-1-A) shall have a separate governance structure from, and shall be managed independently of, the National Energy Technology Laboratory.
  - (2) **Activities—** Activities of a Laboratory [Foundation](/usc/42/18901.md?p=11) may include—
    - (A) conducting support studies, competitions, [projects](/usc/42/13641.md?p=2), research, and other activities that further the purpose of the Laboratory [Foundation](/usc/42/18901.md?p=11);
    - (B) carrying out programs to foster collaboration and partnership among researchers from the Federal Government, [State](/usc/42/2021b.md?p=14) governments, institutions of higher education, federally funded research and development [centers](/usc/42/18901.md?p=17), and industry and [nonprofit](/usc/42/300s–3.md?p=3) organizations relating to the research, development, and commercialization of federally supported technologies;
    - (C) carrying out programs to leverage technologies to support new product development that supports regional economic development;
    - (D) administering prize competitions—
      - (i) to accelerate private sector competition and investment; and
      - (ii) that complement the use of prize authority by the [Department](/usc/42/19291.md?p=2);
    - (E) providing fellowships and [grants](/usc/42/19291.md?p=5) to research and development personnel at, or affiliated with, federally funded [centers](/usc/42/18901.md?p=17), in accordance with [paragraph (3)](#c-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 association with the National Energy Technology Laboratory;
      - (ii) that provide opportunities for employees of the National Energy Technology Laboratory to serve in research capacities in foreign countries;
      - (iii) to conduct studies, [projects](/usc/42/13641.md?p=2), or research in collaboration with national and international [nonprofit](/usc/42/300s–3.md?p=3) and for-profit organizations, which may include the provision of stipends, travel, and other support for personnel;
      - (iv)
        - (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](/usc/42/18901.md?p=11) at the [State](/usc/42/2021b.md?p=14) and national level for college degrees or continuing education credits;
      - (v) to support and encourage teachers and students of science at all levels of education;
      - (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 activities to carry out and support the purpose of the Laboratory [Foundation](/usc/42/18901.md?p=11); and
    - (G) 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](/usc/42/18901.md?p=9), in accordance with [paragraph (4)](#c-4).
  - (3) **Fellowships and grants—**
    - (A) **Selection—** [Recipients](/usc/42/18901.md?p=24) of fellowships and [grants](/usc/42/19291.md?p=5) described in [paragraph (2)(E)](#c-2-E) shall be selected—
      - (i) by a Laboratory [Foundation](/usc/42/18901.md?p=11) and the donors to a Laboratory [Foundation](/usc/42/18901.md?p=11);
      - (ii) subject to the agreement of the head of the [agency](/usc/42/8262.md?p=1) the mission of which is supported by a Laboratory [Foundation](/usc/42/18901.md?p=11); and
      - (iii) 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.
    - (B) **Expenses—** Fellowships and [grants](/usc/42/19291.md?p=5) described in [paragraph (2)(E)](#c-2-E) may include stipends, travel, health insurance, benefits, and other appropriate expenses.
  - (4) **Gifts—** An amount of funds, a gift, a devise, or a bequest described in [paragraph (2)(G)](#c-2-G) may be accepted by a Laboratory [Foundation](/usc/42/18901.md?p=11) 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.
  - (5) **Ownership by Federal Government—** A contribution, gift, or any other transfer made to or for the use of a Laboratory [Foundation](/usc/42/18901.md?p=11) 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](/usc/42/18901.md?p=11).
  - (7) **Transfer of funds—** Notwithstanding any other provision of law, a Laboratory [Foundation](/usc/42/18901.md?p=11) may transfer funds to the National Energy Technology Laboratory and the National Energy Technology Laboratory may accept that transfer of funds.
  - (8) **Other laws—** This subsection shall not alter or supersede any other provision of law governing the authority, scope, establishment, or use of [nonprofit](/usc/42/300s–3.md?p=3) organizations by a Federal [agency](/usc/42/8262.md?p=1).

## Footnotes

[^1]: So in original. The word “in” probably should not appear.
[^2]: So in original. Probably should be “; and”.
[^3]: So in original.
[^4]: See References in Text note below.

## Source credit

(Pub. L. 117–167, div. B, title VI, § 10691, Aug. 9, 2022, 136 Stat. 1688.)

## Notes

### Editorial Notes

### References in Text

Section 109 of the Ethics in Government Act of 1978, referred to in subsec. (b)(5)(I)(ii)(II), is section 109 of Pub. L. 95–521, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 13101 of Title 5 by Pub. L. 117–286, §§ 3(c), (7), Dec. 27, 2022, 136 Stat. 4266, 4361.

The Federal Advisory Committee Act, referred to in subsec. (b)(5)(L), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.