119-hr2582

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2582 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 2582

 To direct the Director of the National Institute of Standards and 
Technology to establish the Foundation for Standards and Metrology, and 
 for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 April 1, 2025

 Ms. Stevens (for herself and Mr. Obernolte) introduced the following 
 bill; which was referred to the Committee on Science, Space, and 
 Technology

_______________________________________________________________________

 A BILL

 To direct the Director of the National Institute of Standards and 
Technology to establish the Foundation for Standards and Metrology, 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 ``Expanding Partnerships for 
Innovation and Competitiveness Act''.

SEC. 2. FOUNDATION FOR STANDARDS AND METROLOGY.

    (a) In General.--Subtitle B of title II of the Research and 
Development, Competition, and Innovation Act (42 U.S.C. 18931 et seq.; 
relating to measurement research of the National Institute of Standards 
and Technology for the future; enacted as part of division B of Public 
Law 117-167) is amended by adding at the end the following new section:

``

SEC. 10236. FOUNDATION FOR STANDARDS AND METROLOGY.

 ``

    (a) Establishment.--The Secretary, acting through the Director, 
shall establish a nonprofit corporation to be known as the `Foundation 
for Standards and Metrology' (in this section referred to as the 
`Foundation').
 ``

    (b) Mission.--The mission of the Foundation shall be to--
 ``

    (1) support the Institute in carrying out its activities 
 and mission to advance measurement science, technical 
 standards, and technology in ways that enhance the economic 
 security and prosperity of the United States; and
 ``

    (2) advance collaboration with researchers, institutions 
 of higher education, industry, and nonprofit and philanthropic 
 organizations to accelerate the development of technical 
 standards, measurement science, and the commercialization of 
 emerging technologies in the United States.
 ``
            (c) Activities.--In carrying out its mission under subsection

    (b) , the Foundation may carry out the following:
 ``

    (1) Support international metrology and technical 
 standards engagement activities.
 ``

    (2) Support studies, projects, and research on metrology 
 and the development of benchmarks and technical standards 
 infrastructure across the Institute's mission areas.
 ``

    (3) Advance collaboration between the Institute and 
 researchers, industry, nonprofit and philanthropic 
 organizations, institutions of higher education, federally 
 funded research and development centers, and State, Tribal, and 
 local governments.
 ``

    (4) Support the expansion and improvement of research 
 facilities and infrastructure at the Institute to advance the 
 development of emerging technologies.
 ``

    (5) Support the commercialization of federally funded 
 research.
 ``

    (6) Conduct education and outreach activities.
 ``

    (7) Offer direct support to NIST associates, including 
 through the provision of fellowships, grants, stipends, travel, 
 health insurance, professional development training, housing, 
 technical and administrative assistance, recognition awards for 
 outstanding performance, and occupational safety and awareness 
 training and support, and other appropriate expenditures.
 ``

    (8) Conduct such other activities as determined necessary 
 by the Foundation to carry out its mission.
 ``
            (d) Authority of the Foundation.--The Foundation shall be the 
sole entity responsible for carrying out the activities described in 
subsection
            (c) .
 ``

    (e) Stakeholder Engagement.--The Foundation shall convene, and 
may consult with, representatives from the Institute, institutions of 
higher education, the private sector, non-profit organizations, and 
commercialization organizations to develop activities for the mission 
of the Foundation under subsection

    (b) and to advance the activities of 
the Foundation under subsection
            (c) .
 ``

    (f) Limitation.--The Foundation shall not be an agency or 
instrumentality of the Federal Government.
 ``

    (g) Support.--The Foundation may receive, administer, solicit, 
accept, and use funds, gifts, devises, or bequests, either absolutely 
or in trust of real or personal property or any income therefrom or 
other interest therein to support activities under subsection
            (c) .
 ``

    (h) Tax Exempt Status.--The Board shall take all necessary and 
appropriate steps to ensure the Foundation is an organization described 
in 

section 501
            (c) of the Internal Revenue Code of 1986 and exempt from 
taxation under 

section 501

    (a) of such Code.
 ``
            (i) Board of Directors.--
 ``

    (1) Establishment.--The Foundation shall be governed by a 
 Board of Directors (in this section referred to as the 
 `Board').
 ``

    (2) Composition.--
 ``
        (A) In general.--The Board shall be composed of 
 the following:
 ``
            (i) Eleven appointed voting members 
 described in subparagraph
        (B) .
 ``
            (ii) Ex officio nonvoting members 
 described in subparagraph
            (C) .
 ``
        (B) Appointed members.--
 ``
            (i) Initial members.--The Secretary, 
 acting through the Director, 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 such 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 across diverse 
 sectors, regions and communities, including 
 from academia, private sector entities, 
 technical standards bodies, the investment 
 community, the philanthropic community, and 
 other nonprofit organizations.
 ``
            (iii) Experience.--The Secretary, acting 
 through the Director, shall ensure the 
 appointed members of the Board have the 
 experience and are qualified to provide advice 
 and information to advance the Foundation's 
 mission, including in science and technology 
 research and development, technical standards, 
 education, technology transfer, 
 commercialization, or other aspects of the 
 Foundation's mission.
 ``
            (C) Nonvoting members.--
 ``
            (i) Ex officio members.--The Director (or 
 Director's designee) shall be an ex officio 
 member of the Board.
 ``
            (ii) No voting power.--The Director (or 
 Director's designee), as an ex officio member 
 in accordance with clause
            (i) , shall not have 
 voting power on the Board.
 ``

    (3) Chair and vice chair.--
 ``
        (A) In general.--The Board shall designate, from 
 among its voting members--
 ``
            (i) an individual to serve as the chair 
 of the Board; and
 ``
            (ii) an individual to serve as the 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 three years after 
 the date on which the Chair or Vice Chair of 
 the Board, as applicable, is designated for the 
 respective 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) may not be representatives of the 
 same area of subject matter expertise, or 
 entity, as applicable; and
 ``
            (ii) may 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) Term limits.--Subject to subparagraph
        (B) , 
 the term of office of each member of the Board shall be 
 not more than five years, except that a member of the 
 Board may continue to serve after the expiration of the 
 term of such member until the expiration of the 180-day 
 period beginning on the date on which the term of such 
 member expires, if no new member is appointed to 
 replace the departing board member.
 ``
        (B) Initial appointed members.--Of the initial 
 members of the Board appointed under subparagraph
        (A) , 
 half of such members shall serve for four and half 
 years, and half of such members shall serve for five 
 years, as determined by the Chair of the Board.
 ``
            (C) 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)
        (B)
            (ii) ;
 ``
            (ii) shall not affect the power of the 
 remaining appointed members to carry out the 
 duties of the Board; and
 ``
            (iii) shall be filled by an individual 
 selected by the Board.
 ``

    (5) Quorum.--A majority of the members of the Board shall 
 constitute a quorum for the purposes of conducting the business 
 of the Board.
 ``

    (6) Duties.--The Board shall carry out the following:
 ``
        (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) Coordinate with the Institute the activities 
 of the Foundation to ensure consistency with the 
 programs and policies of the Institute.
 ``
            (D) Evaluate the performance of the Executive 
 Director of the Foundation.
 ``
        (E) Actively solicit and accept funds, gifts, 
 grants, devises, or bequests of real or personal 
 property to the Foundation, including from private 
 entities.
 ``
        (F) Carry out any other necessary activities of 
 the Foundation.
 ``

    (7) Bylaws.--The Board shall establish bylaws for the 
 Foundation. In establishing such bylaws, the Board shall ensure 
 the following:
 ``
        (A) The bylaws of the Foundation include the 
 following:
 ``
            (i) Policies for the selection of the 
 Board members, officers, employees, agents, and 
 contractors of the Foundation.
 ``
            (ii) Policies, including ethical and 
 disclosure standards, for the following:
 ``
            (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.
 ``
            (II) The disposition of assets of 
 the Foundation.
 ``
            (iii) Policies that subject all 
 employees, fellows, trainees, and other agents 
 of the Foundation (including appointed voting 
 members and ex officio members of the Board) to 
 conflict of interest standards.
 ``
            (iv) The specific duties of the Executive 
 Director of the Foundation.
 ``
        (B) The bylaws of the Foundation and activities 
 carried out under such bylaws do not--
 ``
            (i) reflect unfavorably upon the ability 
 of the Foundation to carry out its 
 responsibilities or official duties 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) Restriction on membership.--No employee of the 
 Department of Commerce may be appointed as a voting member of 
 the Board of Directors.
 ``

    (9) Compensation.--
 ``
        (A) In general.--Members of the Board may not 
 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.
 ``

    (10) Liaison representatives.--The Secretary, acting 
 through the Director, shall designate representatives from 
 across the Institute to serve as the liaisons to the Board and 
 the Foundation.
 ``

    (11) Personal liability of board members.--The members of 
 the Board shall not be personally liable, except in the case of 
 malfeasance.
 ``

    (j) Administration.--
 ``

    (1) Executive director.--
 ``
        (A) In general.--The Foundation shall have an 
 Executive Director who shall be appointed by the Board, 
 and who shall serve at the pleasure of the Board, and 
 for whom the Board shall establish the rate of 
 compensation. Subject to the bylaws established under 
 subsection
            (i) (7) , the Executive Director shall be 
 responsible for the daily operations of the Foundation 
 in carrying out the activities of the Foundation under 
 subsection
            (c) .
 ``
        (B) Responsibilities.--In carrying out the daily 
 operations of the Foundation, the Executive Director of 
 the Foundation shall carry out the following:
 ``
            (i) Hire, promote, compensate, and 
 discharge officers and employees of the 
 Foundation, and define the duties of such 
 officers and employees.
 ``
            (ii) Accept and administer donations to 
 the Foundation, and administer the assets of 
 the Foundation.
 ``
            (iii) Enter into such contracts and 
 execute legal instruments as are appropriate in 
 carrying out the activities of the Foundation.
 ``
            (iv) Perform such other functions as 
 necessary to operate the Foundation.
 ``

    (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, may exercise administrative 
 control over any Federal employee.
 ``

    (3) Transfer of funds to institute.--The Foundation may 
 transfer funds and property to the Institute, which the 
 Institute may accept and use and which shall be subject to all 
 applicable Federal limitations relating to federally funded 
 research.
 ``

    (4) Strategic plan.--Not later than one year after the 
 establishment of the Foundation, the Foundation shall submit to 
 the Committee on Science, Space, and Technology of the House of 
 Representatives and the Committee on Commerce, Science, and 
 Transportation of the Senate a strategic plan that contains the 
 following:
 ``
        (A) A plan for the Foundation to become 
 financially self-sustaining in the next five years.
 ``
        (B) Short- and long-term objectives of the 
 Foundation, as identified by the Board.
 ``
            (C) A description of the efforts the Foundation 
 will take to be transparent in the processes of the 
 Foundation, including processes relating to the 
 following:
 ``
            (i) Grant awards, including selection, 
 review, and notification.
 ``
            (ii) Communication of past, current, and 
 future research priorities.
 ``
            (iii) Solicitation of and response to 
 public input on the priorities identified by 
 the Foundation.
 ``
            (D) A description of the financial goals and 
 benchmarks of the Foundation for the following ten 
 years.
 ``
        (E) A description of the efforts undertaken by 
 the Foundation to ensure maximum complementarity and 
 minimum redundancy with investments made by the 
 Institute.
 ``

    (5) Report.--
 ``
        (A) In general.--Not later than 18 months after 
 the establishment of the Foundation and not later than 
 February 1 of each year thereafter, the Foundation 
 shall publish a report describing the activities of the 
 Foundation during the immediately preceding fiscal 
 year. Each such report shall include with respect to 
 such fiscal year a comprehensive statement of the 
 operations, activities, financial condition, progress, 
 and accomplishments of the Foundation.
 ``
        (B) Financial condition.--With respect to the 
 financial condition of the Foundation, each report 
 under subparagraph
        (A) shall include the source, and a 
 description of, all support under subsection

    (g) provided to the Foundation. Each such report shall 
 identify the persons or entities from which such 
 support is received, and include a specification of any 
 restrictions on the purposes for which such support may 
 be used.
 ``
            (C) Publication.--The Foundation shall make 
 copies of each report submitted under subparagraph
        (A) available--
 ``
            (i) for public inspection, and shall upon 
 request provide a copy of the report to any 
 individual for a charge not to exceed the cost 
 of providing such copy; and
 ``
            (ii) to the Committee on Science, Space, 
 and Technology of the House of Representatives 
 and the Committee on Commerce, Science, and 
 Transportation of the Senate.
 ``

    (6) Audits and disclosure.--The Foundation shall--
 ``
        (A) provide for annual audits of the financial 
 condition of the Foundation, including a full list of 
 the Foundation's donors and any restrictions on the 
 purposes for which gifts to the Foundation may be used; 
 and
 ``
        (B) make such audits, and all other records, 
 documents, and other papers of the Foundation, 
 available to the Secretary and the Comptroller General 
 of the United States for examination or audit.
 ``

    (7) Evaluation by comptroller general.--Not later than 
 five years after the date on which the Foundation is 
 established, the Comptroller General of the United States shall 
 submit to the Committee on Science, Space, and Technology of 
 the House of Representatives and the Committee on Commerce, 
 Science, and Transportation of the Senate the following:
 ``
        (A) An evaluation of the following:
 ``
            (i) The extent to which the Foundation is 
 achieving the mission of the Foundation.
 ``
            (ii) The operation of the Foundation.
 ``
        (B) Any recommendations on how the Foundation may 
 be improved.
 ``

    (k) Integrity.--
 ``

    (1) 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.
 ``

    (2) 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 any of the following:
 ``
        (A) Such individual.
 ``
        (B) A relative of such individual.
 ``
            (C) A business organization or other entity in 
 which such individual or relative of such individual 
 has an interest, including an organization or other 
 entity with which such individual is negotiating 
 employment.
 ``
            (l) 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.
 ``
            (m) Full Faith and Credit.--The United States shall not be liable 
for any debts, defaults, acts, or omissions of the Foundation. The full 
faith and credit of the United States shall not extend to any 
obligations of the Foundation.
 ``

    (n) Support Services.--The Secretary, acting through the 
Director, may provide facilities, utilities, and support services to 
the Foundation if it is determined by the Director to be advantageous 
to the mission of the Institute.
 ``

    (o) Nonapplicability.--Chapter 10 of title 5, United States Code, 
shall not apply to the Foundation.
 ``

    (p) Separate Fund Accounts.--The Board shall ensure that amounts 
received pursuant to the authorization of appropriations under 
subsection

    (q) are held in a separate account from any other amounts 
received by the Foundation.
 ``

    (q) Authorization of Appropriations.--Notwithstanding any other 
provision of law, from amounts authorized to be appropriated for a 
fiscal year beginning with fiscal year 2026 to the Secretary of 
Commerce pursuant to 

section 10211, the Director may transfer not less 
than $500,000 and not more than $1,250,000 to the Foundation each such 
fiscal year.
 ``

    (r) 

=== Definitions. ===
-In this section:
 ``

    (1) Institution of higher education.--The term 
 `institution of higher education' has the meaning given such 
 term in 

section 101 of the Higher Education Act of 1965 (20 
 U.S.C. 1001).
 ``

    (2) NIST associate.--The term `NIST associate' means any 
 guest researcher, facility user, volunteer, or other 
 nonemployee of the National Institute of Standards and 
 Technology who conducts research or otherwise engages in an 
 authorized activity with National Institute of Standards and 
 Technology personnel or at a National Institute of Standards 
 and Technology facility.
 ``

    (3) Relative.--The term `relative' has the meaning given 
 such term in 

section 13101 of title 5, United States Code.
 ``

    (4) Technical standard.--The term `technical standard' 
 has the meaning given such term in 

section 12
            (d) (5) of the 
 National Technology Transfer and Advancement Act of 1995 (15 
 U.S.C. 272 note).''.

    (b) Clerical Amendment.--The table of contents in sections 1 and 
10000 of Public Law 117-167 are amended by inserting after the items 
relating to 

section 10235 the following new items:

``

Sec. 10236. Foundation for Standards and Metrology.''.
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