[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1359 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1359
To establish the Foundation for Energy Security and Innovation, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22, 2021
Mr. Coons (for himself, Mr. Graham, and Mr. Lujan) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To establish the Foundation for Energy Security and Innovation, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Partnerships for Energy Security and
Innovation Act of 2021''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Board.--The term ``Board'' means the Board of Directors
described in section 3(b)(1).
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) Executive director.--The term ``Executive Director''
means the Executive Director described in section 3(e)(1).
(4) Foundation.--The term ``Foundation'' means the
Foundation for Energy Security and Innovation established under
section (3)(a).
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
SEC. 3. FOUNDATION FOR ENERGY SECURITY AND INNOVATION.
(a) Establishment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a
nonprofit corporation to be known as the ``Foundation for
Energy Security and Innovation''.
(2) Mission.--The mission of the Foundation shall be--
(A) to support the mission of the Department; and
(B) to advance collaboration with energy
researchers, institutions of higher education,
industry, and nonprofit and philanthropic organizations
to accelerate the commercialization of energy
technologies.
(3) Limitation.--The Foundation shall not be an agency or
instrumentality of the Federal Government.
(4) Tax-exempt status.--The Board shall take all necessary
and appropriate steps to ensure that the Foundation is an
organization that is described in section 501(c) of the
Internal Revenue Code of 1986 and exempt from taxation under
section 501(a) of that Code.
(5) Collaboration with existing organizations.--The
Secretary may collaborate with 1 or more organizations to
establish the Foundation and carry out the activities of the
Foundation.
(b) Board of Directors.--
(1) Establishment.--The Foundation shall be governed by a
Board of Directors.
(2) Composition.--
(A) In general.--The Board shall be composed of the
ex officio nonvoting members described in subparagraph
(B) and the appointed voting members described in
subparagraph (C).
(B) Ex officio members.--The ex officio members of
the Board shall be the following individuals or
designees of those individuals:
(i) The Secretary.
(ii) The Under Secretary for Science and
Energy.
(iii) The Under Secretary for Nuclear
Security.
(iv) The Chief Commercialization Officer.
(C) Appointed members.--
(i) Initial members.--The Secretary and the
other ex officio members of the Board shall--
(I) seek to enter into an agreement
with the National Academies of
Sciences, Engineering, and Medicine to
develop a list of individuals to serve
as members of the Board who are well-
qualified and will meet the
requirements of clauses (ii) and (iii);
and
(II) appoint the initial members of
the Board from that list, if
applicable, in consultation with the
National Academies of Sciences,
Engineering, and Medicine.
(ii) Representation.--The appointed members
of the Board shall reflect a broad cross-
section of stakeholders from academia,
industry, nonprofit organizations, State or
local governments, the investment community,
the philanthropic community, and management and
operating contractors of the National
Laboratories.
(iii) Experience.--The Secretary shall
ensure that a majority of the appointed members
of the Board--
(I)(aa) has experience in the
energy sector;
(bb) has research experience in the
energy field; or
(cc) has experience in technology
commercialization or foundation
operations; and
(II) to the extent practicable,
represents diverse regions, sectors,
and communities.
(3) Chair and vice chair.--
(A) In general.--The Board shall designate from
among the members of the Board--
(i) an individual to serve as Chair of the
Board; and
(ii) an individual to serve as Vice Chair
of the Board.
(B) Terms.--The term of service of the Chair and
Vice Chair of the Board shall end on the earlier of--
(i) the date that is 3 years after the date
on which the Chair or Vice Chair of the Board,
as applicable, is designated for the position;
and
(ii) the last day of the term of service of
the member, as determined under paragraph
(4)(A), who is designated to be Chair or Vice
Chair of the Board, as applicable.
(C) Representation.--The Chair and Vice Chair of
the Board--
(i) shall not be representatives of the
same area of subject matter expertise, or
entity, as applicable, under paragraph
(2)(C)(ii); and
(ii) shall not be representatives of any
area of subject matter expertise, or entity, as
applicable, represented by the immediately
preceding Chair and Vice Chair of the Board.
(4) Terms and vacancies.--
(A) Terms.--
(i) In general.--The term of service of
each appointed member of the Board shall be not
more than 5 years.
(ii) Initial appointed members.--Of the
initial members of the Board appointed under
paragraph (2)(C)(i), half of the members shall
serve for 4 years and half of the members shall
serve for 5 years, as determined by the Chair
of the Board.
(B) Vacancies.--Any vacancy in the membership of
the appointed members of the Board--
(i) shall be filled in accordance with the
bylaws of the Foundation by an individual
capable of representing the same area or
entity, as applicable, as represented by the
vacating board member under paragraph
(2)(C)(ii);
(ii) shall not affect the power of the
remaining appointed members to execute the
duties of the Board; and
(iii) shall be filled by an individual
selected by the Board.
(5) Meetings; quorum.--
(A) Initial meeting.--Not later than 60 days after
the Board is established, the Secretary shall convene a
meeting of the ex officio and appointed members of the
Board to incorporate the Foundation.
(B) Quorum.--A majority of the appointed members of
the Board shall constitute a quorum for purposes of
conducting the business of the Board.
(6) Duties.--The Board shall--
(A) establish bylaws for the Foundation in
accordance with paragraph (7);
(B) provide overall direction for the activities of
the Foundation and establish priority activities;
(C) carry out any other necessary activities of the
Foundation;
(D) evaluate the performance of the Executive
Director; and
(E) actively solicit and accept funds, gifts,
grants, devises, or bequests of real or personal
property to the Foundation, including from private
entities.
(7) Bylaws.--
(A) In general.--The bylaws established under
paragraph (6)(A) may include--
(i) policies for the selection of Board
members, officers, employees, agents, and
contractors of the Foundation;
(ii) policies, including ethical standards,
for--
(I) the acceptance, solicitation,
and disposition of donations and grants
to the Foundation, including
appropriate limits on the ability of
donors to designate, by stipulation or
restriction, the use or recipient of
donated funds; and
(II) the disposition of assets of
the Foundation;
(iii) policies that subject all employees,
fellows, trainees, and other agents of the
Foundation (including ex officio and appointed
members of the Board) to conflict of interest
standards; and
(iv) the specific duties of the Executive
Director.
(B) Requirements.--The Board shall ensure that the
bylaws of the Foundation and the activities carried out
under those bylaws shall not--
(i) reflect unfavorably on the ability of
the Foundation to carry out activities in a
fair and objective manner; or
(ii) compromise, or appear to compromise,
the integrity of any governmental agency or
program, or any officer or employee employed
by, or involved in, a governmental agency or
program.
(8) Compensation.--
(A) In general.--No member of the Board shall
receive compensation for serving on the Board.
(B) Certain expenses.--In accordance with the
bylaws of the Foundation, members of the Board may be
reimbursed for travel expenses, including per diem in
lieu of subsistence, and other necessary expenses
incurred in carrying out the duties of the Board.
(c) Purposes.--The purposes of the Foundation are--
(1) to support the Department in carrying out the mission
of the Department to ensure the security and prosperity of the
United States by addressing energy, environmental, and nuclear
challenges through transformative science and technology
solutions; and
(2) to increase private and philanthropic sector
investments that support efforts to create, characterize,
develop, test, validate, and deploy or commercialize innovative
technologies that address crosscutting national energy
challenges by methods that include--
(A) fostering collaboration and partnerships with
researchers from the Federal Government, State
governments, institutions of higher education,
federally funded research and development centers,
industry, and nonprofit organizations for the research,
development, or commercialization of transformative
energy and associated technologies;
(B) strengthening and sharing best practices
relating to regional economic development through
scientific and energy innovation, including in
partnership with an Individual Laboratory-Associated
Foundation (as defined in subsection (d)(7)(A));
(C) promoting new product development that supports
job creation;
(D) administering prize competitions to accelerate
private sector competition and investment;
(E) supporting programs that advance technology
maturation, especially where there may be gaps in
Federal or private funding in advancing a technology to
deployment or commercialization from the prototype
stage to a commercial stage; and
(F) facilitating access to Department facilities,
equipment, and human expertise to assist in tackling
national challenges.
(d) Activities.--
(1) Studies, competitions, and projects.--The Foundation
may conduct and support studies, competitions, projects, and
other activities that further the purposes of the Foundation
described in subsection (c).
(2) Fellowships and grants.--
(A) In general.--The Foundation may award
fellowships and grants for activities relating to
research, development, demonstration, maturation, or
commercialization of energy and other Department-
supported technologies.
(B) Form of award.--A fellowship or grant under
subparagraph (A) may consist of a stipend, health
insurance benefits, funds for travel, and funds for
other appropriate expenses.
(C) Selection.--In selecting a recipient for a
fellowship or grant under subparagraph (A), the
Foundation--
(i) shall make the selection based on the
technical and commercialization merits of the
proposed project of the potential recipient;
and
(ii) may consult with a potential recipient
regarding the ability of the potential
recipient to carry out various projects that
would further the purposes of the Foundation
described in subsection (c).
(D) National laboratories.--A National Laboratory
that applies for or accepts a grant under subparagraph
(A) shall not be considered to be engaging in a
competitive process.
(3) Accessing facilities and expertise.--The Foundation may
work with the Department--
(A) to leverage the capabilities and facilities of
National Laboratories to commercialize technology; and
(B) to assist with resources, including by
providing information on the assets of each National
Laboratory that may enable the deployment and
commercialization of technology.
(4) Training and education.--The Foundation may support
programs that provide training to researchers, scientists, and
other relevant personnel at National Laboratories and
institutions of higher education to help demonstrate, deploy,
and commercialize federally funded technology.
(5) Maturation funding.--The Foundation shall support
programs that provide maturation funding to researchers to
advance the technology of those researchers for the purpose of
moving products from a prototype stage to a commercial stage.
(6) Stakeholder engagement.--The Foundation shall convene,
and may consult with, representatives from the Department,
institutions of higher education, National Laboratories, the
private sector, and commercialization organizations to develop
programs for the purposes of the Foundation described in
subsection (c) and to advance the activities of the Foundation.
(7) Individual and federal laboratory-associated
foundations.--
(A) Definitions.--In this paragraph:
(i) Covered foundation.--The term ``covered
foundation'' means each of the following:
(I) An Individual Laboratory-
Associated Foundation.
(II) a Federal Laboratory-
Associated Foundation established
pursuant to section 4(a).
(ii) Individual laboratory-associated
foundation.--The term ``Individual Laboratory-
Associated Foundation'' means a Laboratory
Foundation established by an operating
contractor of a National Laboratory.
(B) Support.--The Foundation shall provide support
to and collaborate with covered foundations.
(C) Guidelines and templates.--For the purpose of
providing support under subparagraph (B), the Secretary
shall establish suggested guidelines and templates for
covered foundations, including--
(i) a standard adaptable organizational
design for responsible management;
(ii) standard and legally tenable bylaws
and money-handling procedures; and
(iii) a standard training curriculum to
orient and expand the operating expertise of
personnel employed by covered foundations.
(D) Affiliations.--Nothing in this paragraph
requires--
(i) an existing Individual Laboratory-
Associated Foundation to modify current
practices or affiliate with the Foundation; or
(ii) a covered foundation to be bound by
charter or corporate bylaws as permanently
affiliated with the Foundation.
(8) For-profit subsidiaries.--
(A) In general.--The Foundation may establish 1 or
more for-profit subsidiaries, including an impact
investment fund--
(i) to stimulate economic development
activities relating to the purposes of the
Foundation described in subsection (c); and
(ii) to attract for-profit investment
partners for technology translation and
commercialization activities.
(B) Authorities of the for-profit subsidiary.--
(i) In general.--Subject to clause (ii), a
for-profit subsidiary established under
subparagraph (A) may--
(I) enter into a partnership with
an economic development corporation,
including an incubator, accelerator, or
small business investment company;
(II) pay for the cost of building
and administering a facility, including
a microlab or incubator, to support the
activities of the Foundation described
in this subsection; and
(III) provide funding to a startup.
(ii) Cost recovery requirements.--A for-
profit subsidiary established under
subparagraph (A) shall--
(I) ensure that the Foundation owns
any intellectual property rights
generated through activities funded by
the for-profit subsidiary, if
appropriate; and
(II) own an equity stake in any
startup invested in by the for-profit
subsidiary.
(9) Supplemental programs.--The Foundation may carry out
supplemental programs--
(A) to conduct and support forums, meetings,
conferences, courses, and training workshops consistent
with the purposes of the Foundation described in
subsection (c);
(B) to support and encourage the understanding and
development of--
(i) data that promotes the translation of
technologies from the research stage, through
the development and maturation stage, and
ending in the market stage; and
(ii) policies that make regulation more
effective and efficient by leveraging the
technology translation data described in clause
(i) for the regulation of relevant technology
sectors;
(C) for writing, editing, printing, publishing, and
vending books and other materials relating to research
carried out under the Foundation and the Department;
and
(D) to conduct other activities to carry out and
support the purposes of the Foundation described in
subsection (c).
(10) Evaluations.--The Foundation shall support the
development of an evaluation methodology, to be used as part of
any program supported by the Foundation, that shall--
(A) consist of qualitative and quantitative
metrics; and
(B) include periodic third party evaluation of
those programs and other activities of the Foundation.
(11) Communications.--The Foundation shall develop an
expertise in communications to promote the work of grant and
fellowship recipients under paragraph (2), the
commercialization successes of the Foundation, opportunities
for partnership with the Foundation, and other activities.
(12) Solicitation and use of funds.--The Foundation may
solicit and accept gifts, grants, and other donations,
establish accounts, and invest and expend funds in support of
the activities and programs of the Foundation.
(e) Administration.--
(1) Executive director.--The Board shall hire an Executive
Director of the Foundation, who shall serve at the pleasure of
the Board.
(2) Administrative control.--No member of the Board,
officer or employee of the Foundation or of any program
established by the Foundation, or participant in a program
established by the Foundation, shall exercise administrative
control over any Federal employee.
(3) Strategic plan.--Not later than 1 year after the date
of enactment of this Act, the Foundation shall submit to the
Committee on Energy and Natural Resources of the Senate and the
Committee on Science, Space, and Technology of the House of
Representatives a strategic plan that contains--
(A) a plan for the Foundation to become financially
self-sustaining in fiscal year 2023 and thereafter
(except for the amounts provided each fiscal year under
subsection (l)(1)(C));
(B) a forecast of major crosscutting energy
challenge opportunities, including short- and long-term
objectives, identified by the Board, with input from
communities representing the entities and areas of
subject matter expertise, as applicable, described in
subsection (b)(2)(C)(ii);
(C) a description of the efforts that the
Foundation will take to be transparent in the processes
of the Foundation, including processes relating to--
(i) grant awards, including selection,
review, and notification;
(ii) communication of past, current, and
future research priorities; and
(iii) solicitation of and response to
public input on the opportunities identified
under subparagraph (B);
(D) a description of the financial goals and
benchmarks of the Foundation for the following 10
years; and
(E) a description of the efforts undertaken by the
Foundation to ensure maximum complementarity and
minimum redundancy with investments made by the
Department.
(4) Annual report.--Not later than 1 year after the date on
which the Foundation is established, and every 2 years
thereafter, the Foundation shall submit to the Committee on
Energy and Natural Resources of the Senate, the Committee on
Science, Space, and Technology of the House of Representatives,
and the Secretary a report that, for the year covered by the
report--
(A) describes the activities of the Foundation and
the progress of the Foundation in furthering the
purposes of the Foundation described in subsection (c);
(B) provides a specific accounting of the source
and use of all funds made available to the Foundation
to carry out those activities to ensure transparency in
the alignment of Department missions and policies with
national security;
(C) describes how the results of the activities of
the Foundation could be incorporated into the
procurement processes of the General Services
Administration; and
(D) includes a summary of each evaluation conducted
using the evaluation methodology described in
subsection (d)(10).
(5) Evaluation by comptroller general.--Not later than 5
years after the date on which the Foundation is established,
the Comptroller General of the United States shall submit to
the Committee on Energy and Natural Resources of the Senate and
the Committee on Science, Space, and Technology of the House of
Representatives--
(A) an evaluation of--
(i) the extent to which the Foundation is
achieving the mission of the Foundation; and
(ii) the operation of the Foundation; and
(B) any recommendations on how the Foundation may
be improved.
(6) Audits.--The Foundation shall--
(A) provide for annual audits of the financial
condition of the Foundation; and
(B) make the audits, and all other records,
documents, and papers of the Foundation, available to
the Secretary and the Comptroller General of the United
States for examination or audit.
(7) Separate fund accounts.--The Board shall ensure that
any funds received under subsection (l)(1) are held in a
separate account from any other funds received by the
Foundation.
(8) Integrity.--
(A) In general.--To ensure integrity in the
operations of the Foundation, the Board shall develop
and enforce procedures relating to standards of
conduct, financial disclosure statements, conflicts of
interest (including recusal and waiver rules), audits,
and any other matters determined appropriate by the
Board.
(B) Financial conflicts of interest.--Any
individual who is an officer, employee, or member of
the Board is prohibited from any participation in
deliberations by the Foundation of a matter that would
directly or predictably affect any financial interest
of--
(i) the individual;
(ii) a relative (as defined in section 109
of the Ethics in Government Act of 1978 (5
U.S.C. App.)) of that individual; or
(iii) a business organization or other
entity in which the individual has an interest,
including an organization or other entity with
which the individual is negotiating employment.
(9) Intellectual property.--The Board shall adopt written
standards to govern the ownership and licensing of any
intellectual property rights--
(A) developed by the Foundation through activities
funded by a for-profit subsidiary established under
subsection (d)(8); or
(B) otherwise derived from the collaborative
efforts of the Foundation.
(10) Liability.--
(A) In general.--The United States shall not be
liable for any debts, defaults, acts, or omissions of--
(i) the Foundation;
(ii) a Federal entity with respect to an
agreement of that Federal entity with the
Foundation; or
(iii) an Individual Laboratory-Associated
Foundation (as defined in subsection (d)(7)(A))
with respect to an agreement of that Federal
entity with the Foundation.
(B) Full faith and credit.--The full faith and
credit of the United States shall not extend to any
obligations of the Foundation.
(11) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
Foundation.
(f) Department Collaboration.--
(1) National laboratories.--The Secretary shall collaborate
with the Foundation to develop a process to ensure
collaboration and coordination between the Department, the
Foundation, and National Laboratories--
(A) to streamline contracting processes between
National Laboratories and the Foundation, including
by--
(i) streamlining the ability of the
Foundation to transfer equipment and funds to
National Laboratories;
(ii) standardizing contract mechanisms to
be used by the Foundation in engaging with
National Laboratories; and
(iii) streamlining the ability of the
Foundation to fund endowed positions at
National Laboratories;
(B) to allow a National Laboratory or site of a
National Laboratory--
(i) to accept and perform work for the
Foundation, consistent with provided resources,
notwithstanding any other provision of law
governing the administration, mission, use, or
operations of the National Laboratory or site,
as applicable; and
(ii) to perform that work on a basis equal
to other missions at the National Laboratory;
and
(C) to permit the director of any National
Laboratory or site of a National Laboratory to enter
into a cooperative research and development agreement
or negotiate a licensing agreement with the Foundation
pursuant to section 12 of the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3710a).
(2) Department liaisons.--The Secretary shall appoint
liaisons from across the Department to collaborate and
coordinate with the Foundation, including not less than 1
liaison from the Office of Technology Transitions, who shall
ensure that the Foundation works in conjunction with the
Technology Commercialization Fund of the Department.
(3) Administration.--The Secretary shall leverage
appropriate arrangements, contracts, and directives to carry
out the process developed under paragraph (1).
(g) National Security.--Nothing in this section exempts the
Foundation from any national security policy of the Department.
(h) Support Services.--The Secretary shall provide facilities,
utilities, and support services to the Foundation if it is determined
by the Secretary to be advantageous to the research programs of the
Department.
(i) Anti-Deficiency Act.--Subsection (a)(1) of section 1341 of
title 31, United States Code (commonly referred to as the ``Anti-
Deficiency Act''), shall not apply to any Federal officer or employee
carrying out any activity of the Foundation using funds of the
Foundation.
(j) Preemption of Authority.--This section shall not preempt any
authority or responsibility of the Secretary under any other provision
of law.
(k) Transfer Funds.--The Foundation may transfer funds to the
Department, which shall be subject to all applicable Federal
limitations relating to federally funded research.
(l) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated--
(A) to the Secretary, not less than $1,500,000 for
fiscal year 2022 to establish the Foundation;
(B) to the Foundation, not less than $30,000,000
for fiscal year 2023 to carry out the activities of the
Foundation; and
(C) to the Foundation, not less than $3,000,000 for
fiscal year 2024, and each fiscal year thereafter, for
administrative and operational costs.
(2) Cost share.--Funds made available under paragraph
(1)(B) shall be required to be cost-shared by a partner of the
Foundation other than the Department.
SEC. 4. NATIONAL ENERGY TECHNOLOGY LABORATORY-ASSOCIATED FOUNDATION.
(a) Establishment.--
(1) In general.--Notwithstanding any other provision of
law, the National Energy Technology Laboratory may establish,
or enter into an agreement with a nonprofit organization to
establish, a Federal Laboratory-Associated Foundation (referred
to in this section as a ``Laboratory Foundation'') to support
the mission of the National Energy Technology Laboratory.
(2) Not agency or instrumentality.--A Laboratory Foundation
shall not be an agency or instrumentality of the Federal
Government.
(3) Governance structure.--A Laboratory Foundation
established under paragraph (1) shall have a separate
governance structure from, and shall be managed independently
of, the National Energy Technology Laboratory.
(b) Activities.--Activities of a Laboratory Foundation may
include--
(1) conducting support studies, competitions, projects,
research, and other activities that further the purpose of the
Laboratory Foundation;
(2) carrying out programs to foster collaboration and
partnership among researchers from the Federal Government,
State governments, institutions of higher education, federally
funded research and development centers, and industry and
nonprofit organizations relating to the research, development,
and commercialization of federally supported technologies;
(3) carrying out programs to leverage technologies to
support new product development that supports regional economic
development;
(4) administering prize competitions to accelerate private
sector competition and investment;
(5) providing fellowships and grants to research and
development personnel at, or affiliated with, federally funded
centers, in accordance with subsection (c);
(6) carrying out programs--
(A) that allow scientists from foreign countries to
serve in research capacities in the United States or
other countries in association with the National Energy
Technology Laboratory;
(B) that provide opportunities for employees of the
National Energy Technology Laboratory to serve in
research capacities in foreign countries;
(C) to conduct studies, projects, or research in
collaboration with national and international nonprofit
and for-profit organizations, which may include the
provision of stipends, travel, and other support for
personnel;
(D)(i) to hold forums, meetings, conferences,
courses, and training workshops that may include
undergraduate, graduate, post-graduate, and post-
doctoral accredited courses; and
(ii) for the accreditation of those courses by the
Laboratory Foundation at the State and national level
for college degrees or continuing education credits;
(E) to support and encourage teachers and students
of science at all levels of education;
(F) to promote an understanding of science amongst
the general public;
(G) for writing, editing, printing, publishing, and
vending of relevant books and other materials; and
(H) for the conduct of other activities to carry
out and support the purpose of the Laboratory
Foundation; and
(7) receiving, administering, soliciting, accepting, and
using funds, gifts, devises, or bequests, either absolutely or
in trust of real or personal property or any income therefrom,
or other interest or equity therein for the benefit of, or in
connection with, the mission of the applicable Federal
laboratory, in accordance with subsection (d).
(c) Fellowships and Grants.--
(1) Selection.--Recipients of fellowships and grants
described in subsection (b)(5) shall be selected--
(A) by the donors of a Laboratory Foundation and a
Laboratory Foundation;
(B) subject to the agreement of the head of the
agency the mission of which is supported by a
Laboratory Foundation; and
(C) in the case of a fellowship, based on the
recommendation of the employees of the National Energy
Technology Laboratory at which the fellow would serve.
(2) Expenses.--Fellowships and grants described in
subsection (b)(5) may include stipends, travel, health
insurance, benefits, and other appropriate expenses.
(d) Gifts.--An amount of funds, a gift, a devise, or a bequest
described in subsection (b)(7) may be accepted by a Laboratory
Foundation regardless of whether it is encumbered, restricted, or
subject to a beneficial interest of a private person if any current or
future interest of the funds, gift, devise, or bequest is for the
benefit of the research and development activities of the National
Energy Technology Laboratory.
(e) Ownership by Federal Government.--A contribution, gift, or any
other transfer made to or for the use of a Laboratory Foundation shall
be regarded as a contribution, gift, or transfer to or for the use of
the Federal Government.
(f) Liability.--The United States shall not be liable for any
debts, defaults, acts, or omissions of a Laboratory Foundation.
(g) Transfer of Funds.--Notwithstanding any other provision of law,
a Laboratory Foundation may transfer funds to the National Energy
Technology Laboratory and the National Energy Technology Laboratory may
accept that transfer of funds.
(h) Other Laws.--This section shall not alter or supersede any
other provision of law governing the authority, scope, establishment,
or use of nonprofit organizations by a Federal agency.
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