[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8673 Introduced in House (IH)]

<DOC>






118th CONGRESS
  2d Session
                                H. R. 8673

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2024

 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 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) 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).
    (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 ex officio 
                        members of the Board shall be the following 
                        individuals or the designees of such 
                        individuals:
                                    (I) The Director.
                                    (II) The Associate Director for 
                                Laboratory Programs.
                                    (III) The Associate Director for 
                                Innovation and Industry Services.
                                    (IV) The Associate Director for 
                                Management Resources.
                            (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 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 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) Restriction on membership.--No employee of the 
        Department of Commerce may be appointed as a 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.
    (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 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 research programs of the Institute.
    (o) Nonapplicability.--Chapter 10 of title 5, United States Code, 
shall not apply to the Foundation.
    (p) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $1,500,000 for each of fiscal years 2025 
through 2029 to carry out this section.
    (q) 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) Foundation.--The term ``Foundation'' means the 
        Foundation for Standards and Metrology established pursuant to 
        subsection (a).
            (4) Institute.--The term ``Institute'' means the National 
        Institute of Standards and Technology.
            (5) 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).
            (6) 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.
            (7) Relative.--The term ``relative'' has the meaning given 
        such term in section 13101 of title 5, United States Code.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (9) 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).
                                 <all>