S.Amdt. 2675

1. Adds SEC. __. ENERGY TECHNOLOGY COMMERCIALIZATION FOUNDATION wherever appropriate

   Adds a section

   Inserted: SEC. __. ENERGY TECHNOLOGY COMMERCIALIZATION FOUNDATION.

   Inserted: (a) Definitions.--In this section:

   Inserted: (1) Board.--The term "Board" means the Board of Directors described in subsection (b)(2)(A).

   Inserted: (2) Executive director.--The term "Executive Director" means the Executive Director described in subsection (b)(5)(A).

   Inserted: (3) Foundation.--The term "Foundation" means the Energy Technology Commercialization Foundation established under subsection (b)(1).

   Inserted: (b) Energy Technology Commercialization Foundation.--

   Inserted: (1) Establishment.--

   Inserted: (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 "Energy Technology Commercialization Foundation".

   Inserted: (B) Mission.--The mission of the Foundation shall be--

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

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

   Inserted: (C) Limitation.--The Foundation shall not be an agency or instrumentality of the Federal Government.

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   Inserted: (D) Tax-exempt status.--The Board shall take all necessary and appropriate steps to ensure that the Foundation receives a determination from the Internal Revenue Service 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.

   Inserted: (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.

   Inserted: (2) Board of directors.--

   Inserted: (A) Establishment.--The Foundation shall be governed by a Board of Directors.

   Inserted: (B) Composition.--

   Inserted: (i) In general.--The Board shall be composed of the members described in clause (ii).

   Inserted: (ii) Board members.--

   Inserted: (I) Initial members.--The Secretary may--

   Inserted: (aa) seek to enter into a contract 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

   Inserted: (bb) appoint the initial members of the Board from that list, in consultation with the National Academies of Sciences, Engineering, and Medicine.

   Inserted: (II) Representation.--The 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.

   Inserted: (III) Experience.--The Secretary shall ensure that a majority of the members of the Board--

   Inserted: (aa)(AA) has experience in the energy sector;

   Inserted: (BB) has research experience in the energy field; or

   Inserted: (CC) has experience in technology commercialization or foundation operations; and

   Inserted: (bb) to the extent practicable, represents diverse regions and energy sectors.

   Inserted: (C) Chair and vice chair.--

   Inserted: (i) In general.--The Board shall designate from among the members of the Board--

   Inserted: (I) an individual to serve as Chair of the Board; and

   Inserted: (II) an individual to serve as Vice Chair of the Board.

   Inserted: (ii) Terms.--The term of service of the Chair and Vice Chair of the Board shall end on the earlier of--

   Inserted: (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

   Inserted: (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.

   Inserted: (iii) Representation.--The Chair and Vice Chair of the Board--

   Inserted: (I) shall not be representatives of the same area or entity, as applicable, under subparagraph (B)(ii)(II); and

   Inserted: (II) shall not be representatives of any area or entity, as applicable, represented by the immediately preceding Chair and Vice Chair of the Board.

   Inserted: (D) Terms and vacancies.--

   Inserted: (i) Terms.--

   Inserted: (I) In general.--Except as provided in subclause (II), the term of service of each member of the Board shall be 5 years.

   Inserted: (II) Initial members.--Of the initial members of the Board appointed under subparagraph (B)(ii)(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.

   Inserted: (ii) Vacancies.--Any vacancy in the membership of the Board--

   Inserted: (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)(ii)(II);

   Inserted: (II) shall not affect the power of the remaining members to execute the duties of the Board; and

   Inserted: (III) shall be filled by an individual selected by the Board.

   Inserted: (E) Meetings; quorum.--

   Inserted: (i) Initial meeting.--Not later than 60 days after the Board is established, the Secretary shall convene a meeting of the members of the Board to incorporate the Foundation.

   Inserted: (ii) Quorum.--A majority of the members of the Board shall constitute a quorum for purposes of conducting the business of the Board.

   Inserted: (F) Duties.--The Board shall--

   Inserted: (i) establish bylaws for the Foundation in accordance with subparagraph (G);

   Inserted: (ii) provide overall direction for the activities of the Foundation and establish priority activities;

   Inserted: (iii) carry out any other necessary activities of the Foundation;

   Inserted: (iv) evaluate the performance of the Executive Director; and

   Inserted: (v) actively solicit and accept funds, gifts, grants, devises, or bequests of real or personal property to the Foundation, including from private entities.

   Inserted: (G) Bylaws.--

   Inserted: (i) In general.--The bylaws established under subparagraph (F)(i) may include--

   Inserted: (I) policies for the selection of Board members, officers, employees, agents, and contractors of the Foundation;

   Inserted: (II) policies, including ethical standards, for--

   Inserted: (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

   Inserted: (bb) the disposition of assets of the Foundation;

   Inserted: (III) policies that subject all employees, fellows, trainees, and other agents of the Foundation (including members of the Board) to conflict of interest standards; and

   Inserted: (IV) the specific duties of the Executive Director.

   Inserted: (ii) Requirements.--The Board shall ensure that the bylaws of the Foundation and the activities carried out under those bylaws shall not--

   Inserted: (I) reflect unfavorably on the ability of the Foundation to carry out activities in a fair and objective manner; or

   Inserted: (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.

   Inserted: (H) Compensation.--

   Inserted: (i) In general.--No member of the Board shall receive compensation for serving on the Board.

   Inserted: (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.

   Inserted: (3) Purpose.--The purpose of the Foundation is to increase private and philanthropic sector investments that support efforts to create, develop, and commercialize innovative technologies that address crosscutting national energy challenges by methods that include--

   Inserted: (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;

   Inserted: (B)(i) strengthening regional economic development through scientific and energy innovation; and

   Inserted: (ii) disseminating lessons learned from that development to foster the creation and growth of new regional energy innovation clusters;

   Inserted: (C) promoting new product development that supports job creation;

   Inserted: (D) administering prize competitions to accelerate private sector competition and investment; and

   Inserted: (E) supporting programs that advance technologies from the prototype stage to a commercial stage.

   Inserted: (4) Activities.--

   Inserted: (A) Studies, competitions, and projects.--The Foundation may conduct and support studies, competitions, projects, and other activities that further the purpose of the Foundation described in paragraph (3).

   Inserted: (B) Fellowships and grants.--

   Inserted: (i) In general.--The Foundation may award fellowships and grants for activities relating to research, development, demonstration, maturation, or commercialization of energy technologies.

   Inserted: (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.

   Inserted: (iii) Selection.--In selecting a recipient for a fellowship or grant under clause (i), the Foundation--

   Inserted: (I) shall make the selection based on the technical and commercialization merits of the proposed project of the potential recipient; and

   Inserted: (II) may consult with a potential recipient regarding the ability of the potential recipient to carry out various projects that would further the purpose of the Foundation described in paragraph (3).

   Inserted: (iv) National laboratories.--A National Laboratory that applies for or accepts a grant under clause (i) shall not be considered to be engaging in a competitive process.

   Inserted: (C) Accessing facilities and expertise.--The Foundation may work with the Department--

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

   Inserted: (ii) to assist with resources, including through the development of internet websites that provide information on the capabilities and facilities of each National Laboratory relating to the commercialization of technology.

   Inserted: (D) Training and education.--The Foundation may support programs that provide commercialization training to researchers, scientists, and other relevant personnel at National Laboratories and institutions of higher education to help commercialize federally funded technology.

   Inserted: (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.

   Inserted: (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 purpose of the Foundation described in paragraph (3) and to advance the activities of the Foundation.

   Inserted: (G) Individual laboratory foundations program.--

   Inserted: (i) Definition of individual laboratory foundation.--In this subparagraph, the term "Individual Laboratory Foundation" means a Laboratory Foundation established by a National Laboratory.

   Inserted: (ii) Support.--The Foundation shall provide support to and collaborate with Individual Laboratory Foundations.

   Inserted: (iii) Guidelines and templates.--For the purpose of providing support under clause (ii), the Secretary shall establish suggested guidelines and templates for Individual Laboratory Foundations, including--

   Inserted: (I) a standard adaptable organizational design for the responsible management of an Individual Laboratory Foundation;

   Inserted: (II) standard and legally tenable bylaws and money-handling procedures for Individual Laboratory Foundations; and

   Inserted: (III) a standard training curriculum to orient and expand the operating expertise of personnel employed by an Individual Laboratory Foundation.

   Inserted: (iv) Affiliations.--Nothing in this subparagraph requires--

   Inserted: (I) an existing Individual Laboratory Foundation to modify current practices or affiliate with the Foundation; or

   Inserted: (II) an Individual Laboratory Foundation to be bound by charter or corporate bylaws as permanently affiliated with the Foundation.

   Inserted: (H) Supplemental programs.--The Foundation may carry out supplemental programs--

   Inserted: (i) to conduct and support forums, meetings, conferences, courses, and training workshops consistent with the purpose of the Foundation described in paragraph (3);

   Inserted: (ii) to support and encourage the understanding and development of--

   Inserted: (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

   Inserted: (II) policies that make regulation more effective and efficient by leveraging the technology translation data described in subclause (I) for the regulation of relevant technology sectors;

   Inserted: (iii) for writing, editing, printing, publishing, and vending books and other materials relating to research carried out under the Foundation and the Department; and

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

   Inserted: (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--

   Inserted: (i) consist of qualitative and quantitative metrics; and

   Inserted: (ii) include periodic third party evaluation of those programs and other activities of the Foundation.

   Inserted: (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.

   Inserted: (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.

   Inserted: (5) Administration.--

   Inserted: (A) Executive director.--The Board shall hire an Executive Director of the Foundation, who shall serve at the pleasure of the Board.

   Inserted: (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.

   Inserted: (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--

   Inserted: (i) a plan for the Foundation to become financially self-sustaining in fiscal year 2022 and thereafter (except for the amounts provided each fiscal year under paragraph (12)(A)(iii));

   Inserted: (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, as applicable, described in paragraph (2)(B)(ii)(II);

   Inserted: (iii) a description of the efforts that the Foundation will take to be transparent in the processes of the Foundation, including processes relating to--

   Inserted: (I) grant awards, including selection, review, and notification;

   Inserted: (II) communication of past, current, and future research priorities; and

   Inserted: (III) solicitation of and response to public input on the opportunities identified under clause (ii); and

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

   Inserted: (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--

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

   Inserted: (ii) provides a specific accounting of the source and use of all funds made available to the Foundation to carry out those activities;

   Inserted: (iii) describes how the results of the activities of the Foundation could be incorporated into the procurement processes of the General Services Administration; and

   Inserted: (iv) includes a summary of each evaluation conducted using the evaluation methodology described in paragraph (4)(I).

   Inserted: (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--

   Inserted: (i) an evaluation of--

   Inserted: (I) the extent to which the Foundation is achieving the mission of the Foundation; and

   Inserted: (II) the operation of the Foundation; and

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

   Inserted: (F) Audits.--The Foundation shall--

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

   Inserted: (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.

   Inserted: (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.

   Inserted: (H) Integrity.--

   Inserted: (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.

   Inserted: (ii) 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--

   Inserted: (I) the individual;

   Inserted: (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

   Inserted: (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.

   Inserted: (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.

   Inserted: (J) Liability.--The United States shall not be liable for any debts, defaults, acts, or omissions of the Foundation nor shall the full faith and credit of the United States extend to any obligations of the Foundation.

   Inserted: (K) Nonapplicability of faca.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Foundation.

   Inserted: (6) Department collaboration.--

   Inserted: (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--

   Inserted: (i) to streamline contracting processes between National Laboratories and the Foundation, including by--

   Inserted: (I) streamlining the ability of the Foundation to transfer equipment and funds to National Laboratories;

   Inserted: (II) standardizing contract mechanisms to be used by the Foundation; and

   Inserted: (III) streamlining the ability of the Foundation to fund endowed positions at National Laboratories;

   Inserted: (ii) to allow a National Laboratory or site of a National Laboratory--

   Inserted: (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

   Inserted: (II) to perform that work on a basis equal to other missions at the National Laboratory; and

   Inserted: (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).

   Inserted: (B) Department liaisons.--The Secretary shall appoint liaisons from across the Department to collaborate and coordinate with the Foundation.

   Inserted: (C) Administration.--The Secretary shall leverage appropriate arrangements, contracts, and directives to carry out the process developed under subparagraph (A).

   Inserted: (7) National security.--Nothing in this section exempts the Foundation from any national security policy of the Department.

   Inserted: (8) 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.

   Inserted: (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.

   Inserted: (10) Preemption of authority.--This section shall not preempt any authority or responsibility of the Secretary under any other provision of law.

   Inserted: (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.

   Inserted: (12) Authorization of appropriations.--

   Inserted: (A) In general.--There are authorized to be appropriated--

   Inserted: (i) to the Secretary, not less than $1,500,000 for fiscal year 2021 to establish the Foundation;

   Inserted: (ii) to the Foundation, not less than $30,000,000 for fiscal year 2021 to carry out the activities of the Foundation; and

   Inserted: (iii) to the Foundation, not less than $3,000,000 for fiscal year 2022, and each fiscal year thereafter, for administrative and operational costs.

   Inserted: (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.

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As printed