[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4965-S4968]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2652. Mr. COONS (for himself and Mr. Young) submitted an amendment 
intended to be proposed by him to the bill S. 4638, to authorize 
appropriations for fiscal year 2025 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. 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.

[[Page S4966]]

       ``(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.--

[[Page S4967]]

       ``(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

[[Page S4968]]

     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.''.
                                 ______