[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2582 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2582
To direct the Director of the National Institute of Standards and
Technology to establish the Foundation for Standards and Metrology, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 1, 2025
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 direct the Director of the National Institute of Standards and
Technology to establish 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' (in this section referred to as the
`Foundation').
``(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 (in this section referred to as the
`Board').
``(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 Director (or
Director's designee), as an ex officio member
in accordance with 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 voting 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 subparagraph (A),
half of such members shall serve for four and half
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 voting 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.
``(11) Personal liability of board members.--The members of
the Board shall not be personally liable, except in the case of
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.
``(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.