[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.''.
______