[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>