[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4863 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4863
To establish the Foundation for Energy Security and Innovation, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2021
Ms. Stansbury (for herself, Ms. Johnson of Texas, Mr. Lucas, Mrs. Kim
of California, Ms. Leger Fernandez, and Mr. Gonzalez of Ohio)
introduced the following bill; which was referred to the Committee on
Science, Space, and Technology
_______________________________________________________________________
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''.
SEC. 2. FOUNDATION FOR ENERGY SECURITY AND INNOVATION.
(a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
described in subsection (b)(2)(A).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Executive director.--The term ``Executive Director''
means the Executive Director described in subsection (b)(5)(A).
(4) Foundation.--The term ``Foundation'' means the
Foundation for Energy Security and Innovation established under
subsection (b)(1).
(5) Historically black college and university.--The term
``historically Black college and university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(6) Individual laboratory-associated foundation.--The term
``Individual Laboratory-Associated Foundation'' means a
Laboratory Foundation established by an operating contractor of
a National Laboratory.
(7) Minority serving institution.--The term ``minority
serving institution'' includes the entities described in any of
the paragraphs (1) through (7) of section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)).
(8) 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).
(9) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(10) Tribal college and university.--The term ``Tribal
College and University'' has the meaning given in section 316
of the Higher Education Act of 1965 (20 U.S.C. 1059c).
(b) Foundation for Energy Security and Innovation.--
(1) Establishment.--
(A) 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''.
(B) Mission.--The 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 enable the commercialization
of energy technologies.
(C) Limitation.--The Foundation shall not be an
agency or instrumentality of the Federal Government.
(D) 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.
(E) 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.
(2) Board of directors.--
(A) Establishment.--The Foundation shall be
governed by a Board of Directors.
(B) Composition.--
(i) In general.--The Board shall be
composed of the ex officio nonvoting members
described in clause (ii) and the appointed
voting members described in clause (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.
(II) The Under Secretary for
Science and Energy.
(III) The Under Secretary for
Nuclear Security.
(IV) The Chief Commercialization
Officer.
(iii) Appointed members.--
(I) Initial members.--The 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.--The appointed
members of the Board shall reflect a
broad cross-section of stakeholders
from academia, National Laboratories,
industry, nonprofit organizations,
State or local governments, the
investment community, and the
philanthropic community.
(III) Experience.--The 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.
(C) Chair and vice chair.--
(i) In general.--The Board shall designate
from among the members of the Board--
(I) an individual to serve as Chair
of the Board; and
(II) an individual to serve as Vice
Chair of the Board.
(ii) Terms.--The term of service of the
Chair and Vice Chair of the Board shall end on
the earlier of--
(I) the date that is 3 years after
the date on which the Chair or Vice
Chair of the Board, as applicable, is
designated for the position; and
(II) the last day of the term of
service of the member, as determined
under subparagraph (D)(i), who is
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); 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), 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 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.--Not later than 60
days after the Board is established, the
Secretary shall convene a meeting of the ex
officio and appointed members of the Board to
incorporate the Foundation.
(ii) Quorum.--A majority of the 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 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 general.--The 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) 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.
(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, 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 shall be appointed as a member of the Board
of Directors.
(3) Purposes.--The 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 civilian
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
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 and 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
the commercialization of a prototype
technology;
(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.--The
Foundation may conduct and support studies,
competitions, projects, and other activities that
further the purposes of the Foundation described in
paragraph (3).
(B) Fellowships and grants.--
(i) In general.--The Foundation may award
fellowships and grants for activities relating
to research, development, demonstration, or
commercialization of energy and other
Department-supported technologies.
(ii) Form of award.--A fellowship or grant
under clause (i) may consist of a stipend,
health insurance benefits, funds for travel,
and funds for other appropriate expenses.
(iii) Selection.--In 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.--A National
Laboratory that applies for or accepts an award
under clause (i) shall not be considered to be
engaging in a competitive process.
(C) Accessing facilities and expertise.--The
Foundation may work with the Department--
(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
commercialization of technology.
(D) Training and education.--The Foundation may
support programs that provide training to researchers,
scientists, other relevant personnel at National
Laboratories and institutions of higher education, and
previous or current recipients of or applicants for
Department funding to help research, develop,
demonstrate, and commercialize federally funded
technology.
(E) 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.
(F) 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 paragraph (3) and to
advance the activities of the Foundation.
(G) Individual and federal laboratory-associated
foundations.--
(i) Definition of covered foundation.--In
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.--The Foundation shall provide
support to and collaborate with covered
foundations.
(iii) Guidelines and templates.--For the
purpose of providing support under clause (ii),
the Secretary shall 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) Affiliations.--Nothing 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 programs.--The 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) 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--
(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.--The Foundation shall develop
an expertise in communications to promote the work of
grant and fellowship recipients under subparagraph (B),
the commercialization successes of the Foundation,
opportunities for partnership with the Foundation, and
other activities.
(K) Solicitation and use of funds.--The Foundation
may solicit and accept gifts, grants, and other
donations, establish accounts, and invest and expend
funds in support of the activities and programs of the
Foundation.
(L) Authority of foundation.--The Foundation shall
be the sole entity responsible for carrying out the
activities described in this paragraph.
(5) Administration.--
(A) Executive director.--The Board shall hire an
Executive Director of the Foundation, who shall serve
at the pleasure of the Board. Subject to the compliance
with the policies and bylaws established by the Board
pursuant to paragraph (2)(G), the Executive Director
shall be responsible for the daily operations of the
Foundation in carrying out the activities of the
Foundation described in paragraph (4).
(B) Administrative control.--No member of the
Board, officer or employee of the 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.
(C) Strategic plan.--Not later than 1 year after
the date of enactment of this Act, the Foundation shall
submit to the Committee on Energy and Natural Resources
of the Senate and the Committee on Science, Space, and
Technology of the House of Representatives a strategic
plan that contains--
(i) a plan for the Foundation to become
financially self-sustaining in fiscal year 2023
and thereafter (except for the amounts provided
each fiscal year under paragraph (12)(A)(iii));
(ii) a forecast of major crosscutting
energy challenge opportunities, including
short- and long-term objectives, identified by
the Board, with input from 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 and
Universities, minority-serving institutions,
and minority-owned and women-owned businesses;
and
(vi) a description of the efforts
undertaken by the Foundation to ensure maximum
complementarity and minimum redundancy with
investments made by the Department.
(D) Annual report.--Not later than 1 year after the
date on which the Foundation is established, and every
2 years thereafter, the Foundation shall submit to the
Committee on Energy and Natural Resources of the
Senate, the Committee on Science, Space, and 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).
(E) 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--
(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.
(F) Audits.--The 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.
(G) Separate fund accounts.--The Board shall ensure
that any funds received under paragraph (12)(A) are
held in a separate account from any other funds
received by the Foundation.
(H) Integrity.--
(i) In general.--To ensure integrity in the
operations of the Foundation, the Board shall
develop and enforce procedures relating to
standards of conduct, financial disclosure
statements, conflicts of interest (including
recusal and waiver rules), 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 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.
(I) Intellectual property.--The Board shall adopt
written standards to govern the ownership and licensing
of any intellectual property rights developed by the
Foundation or derived from the collaborative efforts of
the Foundation.
(J) Liability.--
(i) In general.--The United States shall
not be liable for any debts, defaults, acts, or
omissions of--
(I) the Foundation;
(II) a Federal entity with respect
to an agreement of that Federal 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.--The full faith
and credit of the United States shall not
extend to any obligations of the Foundation.
(K) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Foundation or an Individual Laboratory-Associated
Foundation.
(6) Department collaboration.--
(A) National laboratories.--The 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 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C.
3710a).
(B) 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 and does not
duplicate existing activities and programs carried out
by the Department including the Technology
Commercialization Fund.
(C) Administration.--The Secretary shall leverage
appropriate arrangements, contracts, and directives to
carry out the process developed under subparagraph (A).
(7) National security.--Nothing in this subsection exempts
the Foundation from any national security policy of the
Department.
(8) Support services.--The Secretary may provide
facilities, utilities, and support services to the Foundation
if it is determined by the Secretary to be advantageous to the
research programs of the Department.
(9) Anti-deficiency act.--Subsection (a)(1) of section 1341
of title 31, United States Code (commonly referred to as the
``Anti-Deficiency Act''), shall not apply to any Federal
officer or employee carrying out any activity of the Foundation
using funds of the Foundation.
(10) Preemption of authority.--This subsection shall not
preempt any authority or responsibility of the Secretary under
any other provision of law.
(11) Transfer funds.--The Foundation may transfer funds to
the Department, which shall be subject to all applicable
Federal limitations relating to federally funded research.
(12) Authorization of appropriations.--
(A) In general.--There is authorized to be
appropriated--
(i) not less than $1,500,000 for the
Secretary for fiscal year 2022 to establish the
Foundation;
(ii) not less than $30,000,000 for the
Foundation for fiscal year 2023 to carry out
the activities of the Foundation; and
(iii) not less than $3,000,000 for the
Foundation for each of the fiscal years 2024
through 2026, for administrative and
operational costs.
(B) Cost share.--Funds made available under
subparagraph (A)(ii) shall be required to be cost-
shared by a partner of the Foundation other than the
Department or a National Laboratory.
(c) National Energy Technology Laboratory-Associated Foundation.--
(1) Establishment.--
(A) In general.--Notwithstanding any other
provision of law, the National Energy Technology
Laboratory may establish, or enter into an agreement
with a nonprofit organization to establish, a Federal
Laboratory-Associated Foundation (referred to in this
subsection as a ``Laboratory Foundation'') to support
the mission of the National Energy Technology
Laboratory.
(B) Not agency or instrumentality.--A Laboratory
Foundation shall not be an agency or instrumentality of
the Federal Government.
(C) Governance structure.--A Laboratory Foundation
established under subparagraph (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 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) Selection.--Recipients of fellowships and
grants described in paragraph (2)(E) shall be
selected--
(i) by a Laboratory Foundation and the
donors to a Laboratory Foundation;
(ii) subject to the agreement of the head
of the agency the mission of which is supported
by a Laboratory Foundation; and
(iii) in the case of a fellowship, based on
the recommendation of the employees of the
National Energy Technology Laboratory at which
the fellow would serve.
(B) Expenses.--Fellowships and grants described in
paragraph (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) 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.
(5) Ownership by federal government.--A contribution, gift,
or any other transfer made to or for the use of a Laboratory
Foundation shall be regarded as a contribution, gift, or
transfer to or for the use of the Federal Government.
(6) Liability.--The United States shall not be liable for
any debts, defaults, acts, or omissions of a Laboratory
Foundation.
(7) Transfer of funds.--Notwithstanding any other provision
of law, a Laboratory Foundation may transfer funds to the
National Energy 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 organizations by a
Federal agency.
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