42 USC 19281 - Foundation for Energy Security and Innovation

View all text of Part G [§ 19281 - § 19281]

§ 19281. Foundation for Energy Security and Innovation

(a) DefinitionsIn this section:

(1) Board

(2) Department

(3) Executive Director

(4) Foundation

(5) Historically Black college or university

(6) Individual Laboratory-Associated Foundation

(7) Minority-serving institution

(8) National Laboratory

(9) Secretary

(10) Tribal College or University

(b) Foundation for Energy Security and Innovation

(1) Establishment

(A) In general

(B) MissionThe mission of the Foundation shall be—

(i) to support the mission of the Department; and

(ii) to advance collaboration with energy researchers, institutions of higher education, industry, and nonprofit and philanthropic organizations to accelerate the commercialization of energy technologies.

(D) Tax-exempt status

(E) Collaboration with existing organizations

(2) Board of Directors

(A) Establishment

(B) Composition

(i) In general

(ii) Ex officio membersThe 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.(III) The Under Secretary for Nuclear Security.(IV) The Chief Commercialization Officer.

(iii) Appointed members(I) Initial membersThe Secretary and the other ex officio members of the Board shall—(aa) 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 subclauses (II) and (III); and(bb) 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(III) ExperienceThe Secretary 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 operations; and(bb) to the extent practicable, represents diverse regions, sectors, and communities.

(i) In generalThe 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) TermsThe 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 designated to be Chair or Vice Chair of the Board, as applicable.

(iii) RepresentationThe 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); 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(II) Initial appointed members

(ii) VacanciesAny 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 individual selected by the Board.

(E) Meetings; quorum

(i) Initial meeting

(ii) Quorum

(F) DutiesThe Board shall—

(i) establish bylaws for the Foundation 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 activities 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, including from private entities.

(G) Bylaws

(i) In generalThe bylaws established under subparagraph (F)(i) may include—(I) policies for the selection of Board members, officers, employees, agents, and contractors of the Foundation;(II) policies, including ethical standards, for—(aa) 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(bb) 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.

(ii) RequirementsThe 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.

(H) Compensation

(i) In general

(ii) Certain expenses

(I) Restriction on membership

(3) PurposesThe purposes of the Foundation 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 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 governments, institutions of higher education, including historically Black colleges or universities, Tribal Colleges or Universities, and minority-serving institutions, federally funded research and development centers, industry, and nonprofit organizations for the research, development, or commercialization of transformative energy and associated technologies;

(ii) strengthening and sharing best practices relating to regional economic development through scientific and energy innovation, including in partnership with an Individual Laboratory-Associated Foundation;

(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;

(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 facilities, equipment, and expertise to assist in tackling national challenges.

(4) Activities

(A) Studies, competitions, and projects

(B) Fellowships and grants

(i) In general

(ii) Form of award

(iii) SelectionIn selecting a recipient for a fellowship or grant under clause (i), 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 paragraph (3).

(iv) National Laboratories

(i) to leverage the capabilities and facilities of National Laboratories to commercialize technology; and

(ii) to assist with resources, including by providing information on the assets of each National Laboratory that may enable the deployment and commercialization of technology.

(D) Training and education

(E) Maturation funding

(F) Stakeholder engagement

(G) Individual and Federal Laboratory-Associated Foundations

(i) Definition of covered foundationIn this subparagraph, the term “covered foundation” means each of the following:(I) An Individual Laboratory-Associated Foundation.(II) A Federal Laboratory-Associated Foundation established pursuant to subsection (c)(1).

(ii) Support

(iii) Guidelines and templatesFor the purpose of providing support under clause (ii), 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.

(iv) AffiliationsNothing in this subparagraph 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.

(H) Supplemental programsThe Foundation may carry out supplemental programs—

(i) to conduct and support forums, meetings, conferences, courses, and training workshops consistent with the purposes of the Foundation described in paragraph (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 and the Department; and

(iv) to conduct other activities to carry out and support the purposes of the Foundation described in paragraph (3).

(I) EvaluationsThe Foundation shall support the development of an evaluation methodology, to be used as part of any program supported by the Foundation, 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.

(J) Communications

(K) Solicitation and use of funds

(L) Authority of the foundation

(5) Administration

(A) Executive Director

(B) Compensation

(D) Strategic planNot later than 1 year after August 9, 2022, the Foundation shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a strategic plan that contains—

(i) a plan for the Foundation to become financially self-sustaining in fiscal year 2023 and thereafter (except for the amounts provided each fiscal year under paragraph (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);

(iii) 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 clause (ii);

(iv) a description of the financial goals and benchmarks of the Foundation for the following 10 years;

(v) a description of the efforts undertaken by the Foundation to engage historically underrepresented groups or regions, including through collaborations with historically Black colleges and universities, Tribal Colleges or Universities, minority-serving institutions, and minority-owned and women-owned business, and; 2

2 So in original. Probably should be “; and”.

(vi) a description of the efforts undertaken by the Foundation to ensure maximum complementarity and minimum redundancy with investments made by the Department.

(E) Annual reportNot later than 1 year after the date on which the Foundation is established, and every years 3

3 So in original.

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—

(i) describes the activities of the Foundation and the progress of the Foundation in furthering the purposes of the Foundation described in paragraph (3);

(ii) provides a specific accounting of the source and use of all funds made available to the Foundation to carry out those activities to ensure transparency in the alignment of Department missions and policies with national security;

(iii) describes how the results of the activities of the Foundation could be 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).

(F) Evaluation by Comptroller GeneralNot 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—

(i) 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

(ii) any recommendations on how the Foundation may be improved.

(G) AuditsThe Foundation shall—

(i) provide for annual audits of the financial condition of the Foundation; and

(ii) 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.

(H) Separate fund accounts

(I) Integrity

(i) In general

(ii) Financial conflicts of interestTo mitigate conflicts of interest and risks from malign foreign influence, any individual who is an officer, employee, or member of the Board is prohibited from any participation in deliberations by the Foundation of a matter that would directly or predictably affect any financial interest of—(I) the individual;(II) a relative (as defined in section 109 of the Ethics in Government Act of 1978 (5 U.S.C. App.) 4

4 See References in Text note below.

) 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

(K) Liability

(i) In generalThe 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 with respect to an agreement of that Federal entity with the Foundation.

(ii) Full faith and credit

(L) Nonapplicability of FACA

(6) Department collaboration

(A) National LaboratoriesThe Secretary shall collaborate with the Foundation to develop a process to ensure collaboration and coordination between the Department, the Foundation, and National Laboratories—

(i) to streamline contracting processes between National Laboratories and the Foundation, including by—(I) streamlining the ability of the Foundation to transfer equipment and funds to National Laboratories;(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;

(ii) to allow a National Laboratory or site of a National Laboratory—(I) to accept and perform work for the Foundation, consistent with provided resources, notwithstanding any other provision of law governing the administration, mission, use, or operations of the National Laboratory or site, as applicable; and(II) to perform that work on a basis equal to other missions at the National Laboratory; and

(iii) to permit the director of any 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 3710a of title 15.

(B) Department liaisons

(7) National security

(8) Support services

(9) Preemption of authority

(10) Transfer funds

(11) Authorization of appropriations

(A) In generalThere is authorized to be appropriated—

(i) not less than $1,500,000 shall be for the Secretary for fiscal year 2023 to establish the Foundation;

(ii) not less than $30,000,000 shall be for the Foundation for fiscal year 2024 to carry out the activities of the Foundation; and

(iii) not less than $3,000,000 shall be for the Foundation for each of the fiscal years 2025 through 2027 for administrative and operational costs.

(B) Limitation

(1) Establishment

(A) In general

(B) Not agency or instrumentality

(2) ActivitiesActivities of a Laboratory Foundation may include—

(A) conducting support studies, competitions, projects, research, and other activities that further the purpose of the Laboratory Foundation;

(B) 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;

(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;

(E) providing fellowships and grants to research and development personnel at, or affiliated with, federally funded centers, in accordance with paragraph (3);

(F) carrying out programs—

(i) that allow scientists from foreign countries to serve in research capacities in the United States or other countries in 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, 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;

(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 at the State 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; 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, in accordance with paragraph (4).

(3) Fellowships and grants

(A) SelectionRecipients of fellowships and grants described in paragraph (2)(E) shall be selected—

(i) by a Laboratory Foundation and the donors to a Laboratory Foundation;

(ii) subject to the agreement of the head of the agency the mission of which is supported by a Laboratory Foundation; and

(iii) in the case of a fellowship, based on the recommendation of the employees of the National Energy Technology Laboratory at which the fellow would serve.

(B) Expenses

(4) Gifts

(5) Ownership by Federal Government

(6) Liability

(7) Transfer of funds

(8) Other laws

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