[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4639 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4639
To establish in the National Institute of Standards and Technology the
Foundation for Standards and Metrology, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 8, 2024
Mr. Coons (for himself, Mr. Young, Mr. Hickenlooper, and Mrs. Fischer)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To establish in the National Institute of Standards and Technology 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'.
``(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),
except that this subsection shall not apply if any of such is from a
foreign country of concern or a foreign entity of concern.
``(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.
``(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 ex officio
members described in 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 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 3 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 paragraph (4)(A),
half of such members shall serve for four 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) Restrictions on membership.--
``(A) Employees.--No employee of the Department of
Commerce may be appointed as a voting member of the
Board.
``(B) Status.--Each voting member of the Board
shall be--
``(i) a citizen of the United States;
``(ii) a national of the United States (as
such term is defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a));
``(iii) an alien admitted as a refugee
under section 207 of such Act (8 U.S.C. 1157);
or
``(iv) an alien lawfully admitted to the
United States for permanent residence.
``(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 for
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.
``(C) Restrictions.--
``(i) Executive director.--The Executive
Director shall be--
``(I) a citizen of the United
States;
``(II) a national of the United
States (as such term is defined in
section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a));
``(III) an alien admitted as a
refugee under section 207 of such Act
(8 U.S.C. 1157); or
``(IV) an alien lawfully admitted
to the United States for permanent
residence.
``(ii) Officers and employees.--Each
officer or employee of the Foundation shall
be--
``(I) a citizen of the United
States;
``(II) a national of the United
States (as such term is defined in
section 101(a) of the Immigration and
Nationality Act (8 U.S.C. 1101(a));
``(III) an alien admitted as a
refugee under section 207 of such Act
(8 U.S.C. 1157); or
``(IV) an alien lawfully admitted
to the United States for permanent
residence.
``(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.
``(3) Security.--This section shall be carried out in
accordance with the provision of subtitle D of title VI of the
Research and Development, Competition, and Innovation Act (42
U.S.C. 19231 et seq.; enacted as part of division B of Public
Law 117-167) and section 223 of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (42
U.S.C. 6605).
``(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 research programs 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 funds
received by the Foundation.
``(q) Funding; Authorization of Appropriations.--Notwithstanding
any other provision of law, from amounts authorized to be appropriated
for a fiscal year beginning with fiscal year 2025 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) Board.--The term `Board' means the Board of Directors
of the Foundation, established pursuant to subsection (i).
``(2) Director.--The term `Director' means the Director of
the National Institute of Standards and Technology.
``(3) Foreign country of concern.--The term `foreign
country of concern' has the meaning given such term in section
10638 of the Research and Development, Competition, and
Innovation Act (42 U.S.C. 19237; enacted as part of division B
of Public Law 117-167).
``(4) Foreign entity of concern.--The term `foreign entity
of concern' has the meaning given such term in section 10638 of
the Research and Development, Competition, and Innovation Act
(42 U.S.C. 19237; enacted as part of division B of Public Law
117-167).
``(5) Foundation.--The term `Foundation' means the
Foundation for Standards and Metrology established pursuant to
subsection (a).
``(6) Institute.--The term `Institute' means the National
Institute of Standards and Technology.
``(7) 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).
``(8) 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.
``(9) Relative.--The term `relative' has the meaning given
such term in section 13101 of title 5, United States Code.
``(10) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(11) 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 section 1 of
Public Law 117-167 is amended by inserting after the item relating to
section 10235 the following new item:
``Sec. 10236. Foundation for Standards and Metrology.''.
<all>