,,ii  #aahth ,,congress  #b;d ,session  
,s4 #dfci  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,july #h1 #bjbd
 ,mr4 ,coons 7for himself1 ,mr4 ,young1 
,mr4 ,hickenlooper1 and ,mrs4 ,fischer7 
introduced the following bill2 which was
 read twice and referred to the         
,committee on ,commerce1 ,science1 and  
,transportation  ,a ,,bill  ,to         
establish in the ,national ,institute of
 ,standards and ,technology the         
,foundation for ,standards and          
,metrology1 and for other purposes4  #a4
 ,short title ,this ,act may be cited as
 the ,expanding ,partnerships for       
,innovation and ,competitiveness ,act4  
#b4 ,foundation for ,standards and      
,metrology  7a7 ,in general ,subtitle ,b
 of title ,,ii of the ,research and     
,development1 ,competition1 and         
,innovation ,act 7#db ,u4,s4,c4 #ahica  
et seq42 relating to measurement        
research of the ,national ,institute of 
,standards and ,technology for the      
future2 enacted as part of division ,b  

of ,public ,law #aag-afg7 is amended by 
adding at the end the following new     
section3  #ajbcf4 ,foundation for       
,standards and ,metrology  7a7          
,establishment ,the ,secretary1 acting  
through the ,director1 shall establish a
 nonprofit corporation to be known as   
the ,foundation for ,standards and      
,metrology4  7b7 ,mission ,the mission  
of the ,foundation shall be to--  7#a7  
support the ,institute in carrying out  
its activities and mission to advance   
measurement science1 technical          
standards1 and technology in ways that  
enhance the economic security and       
prosperity of the ,united ,states2 and  
7#b7 advance collaboration with         
researchers1 institutions of higher     
education1 industry1 and nonprofit and  
philanthropic organizations to          
accelerate the development of technical 
standards1 measurement science1 and the 
commercialization of emerging           
technologies in the ,united ,states4    
7c7 ,activities ,in carrying out its    

mission under subsection 7b71 the       
,foundation may carry out the following3
 7#a7 ,support international metrology  
and technical standards engagement      
activities4  7#b7 ,support studies1     
projects1 and research on metrology and 
the development of benchmarks and       
technical standards infrastructure      
across the ,institute's mission areas4  
7#c7 ,advance collaboration between the 
,institute and researchers1 industry1   
nonprofit and philanthropic             
organizations1 institutions of higher   
education1 federally funded research and
 development centers1 and ,state1       
,tribal1 and local governments4  7#d7   
,support the expansion and improvement  
of research facilities and              
infrastructure at the ,institute to     
advance the development of emerging     
technologies4  7#e7 ,support the        
commercialization of federally funded   
research4  7#f7 ,conduct education and  
outreach activities4  7#g7 ,offer direct
 support to ,,nist associates1 including

 through the provision of fellowships1  
grants1 stipends1 travel1 health        
insurance1 professional development     
training1 housing1 technical and        
administrative assistance1 recognition  
awards for outstanding performance1 and 
occupational safety and awareness       
training and support1 and other         
appropriate expenditures4  7#h7 ,conduct
 such other activities as determined    
necessary by the ,foundation to carry   
out its mission4  7d7 ,authority of the 
foundation ,the ,foundation shall be the
 sole entity responsible for carrying   
out the activities described in         
subsection 7c74  7e7 ,stakeholder       
engagement ,the ,foundation shall       
convene1 and may consult with1          
representatives from the ,institute1    
institutions of higher education1 the   
private sector1 non-profit              
organizations1 and commercialization    
organizations to develop activities for 
the mission of the ,foundation under    
subsection 7b7 and to advance the       

activities of the ,foundation under     
subsection 7c74  7f7 ,limitation ,the   
,foundation shall not be an agency or   
instrumentality of the ,federal         
,government4  7g7 ,support ,the         
,foundation may receive1 administer1    
solicit1 accept1 and use funds1 gifts1  
devises1 or bequests1 either absolutely 
or in trust of real or personal property
 or any income therefrom or other       
interest therein to support activities  
under subsection 7c71 except that this  
subsection shall not apply if any of    
such is from a foreign country of       
concern or a foreign entity of concern4 
7h7 ,tax exempt status ,the ,board shall
 take all necessary and appropriate     
steps to ensure the ,foundation is an   
organization described in section       
#eja7;c7 of the ,internal ,revenue ,code
 of #aihf and exempt from taxation under
 section #eja7;a7 of such ,code4  7i7   
,board of ,directors  7#a7              
,establishment ,the ,foundation shall be
 governed by a ,board of ,directors4    

7#b7 ,composition  7,a7 ,in general ,the
 ,board shall be composed of the        
following3  7i7 ,eleven appointed voting
 members described in subparagraph 7,b74
  7ii7 ,ex officio nonvoting members    
described in subparagraph 7,c74  7,b7   
,appointed members  7i7 ,initial members
 ,the ,secretary1 acting through the    
,director1 shall-- 7,i7 seek to enter   
into an agreement with the ,national    
,academies of ,sciences1 ,engineering1  
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 7ii7   
and 7iii72 and  7,,ii7 appoint the      
initial members of the ,board from such 
list1 if applicable1 in consultation    
with the ,national ,academies of        
,sciences1 ,engineering1 and ,medicine4 
7ii7 ,representation ,the appointed     
members of the ,board shall reflect a   
broad cross-section of stakeholders     
across diverse sectors1 regions and     
communities1 including from academia1   

private sector entities1 technical      
standards bodies1 the investment        
community1 the philanthropic community1 
and other nonprofit organizations4      
7iii7 ,experience ,the ,secretary1      
acting through the ,director1 shall     
ensure the appointed members of the     
,board have the experience and are      
qualified to provide advice and         
information to advance the ,foundation's
 mission1 including in science and      
technology research and development1    
technical standards1 education1         
technology transfer1 commercialization1 
or other aspects of the ,foundation's   
mission4  7,c7 ,nonvoting members  7i7  
,ex officio members ,the ,director 7or  
,director's designee7 shall be an ex    
officio member of the ,board4  7ii7 ,no 
voting power ,the ex officio members    
described in clause 7i7 shall not have  
voting power on the ,board4  7#c7 ,chair
 and vice chair  7,a7 ,in general ,the  
,board shall designate1 from among its  
members--  7i7 an individual to serve as

 the chair of the ,board2 and  7ii7 an  
individual to serve as the vice chair of
 the ,board4  7,b7 ,terms ,the term of  
service of the ,chair and ,vice ,chair  
of the ,board shall end on the earlier  
of-- 7i7 the date that is #c years after
 the date on which the ,chair or ,vice  
,chair of the ,board1 as applicable1 is 
designated for the respective position2 
and  7ii7 the last day of the term of   
service of the member1 as determined    
under paragraph 7#d77;,a71 who is       
designated to be ,chair or ,vice ,chair 
of the ,board1 as applicable4  7,c7     
,representation ,the ,chair and ,vice   
,chair of the ,board--  7i7 may not be  
representatives of the same area of     
subject matter expertise1 or entity1 as 
applicable2 and  7ii7 may not be        
representatives of any area of subject  
matter expertise1 or entity1 as         
applicable1 represented by the          
immediately preceding ,chair and ,vice  
,chair of the ,board4  7#d7 ,terms and  
vacancies  7,a7 ,term limits ,subject to

 subparagraph 7,b71 the term of office  
of each member of the ,board shall be   
not more than five years1 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 #ahj-;day period beginning on the   
date on which the term of such member   
expires1 if no new member is appointed  
to replace the departing board member4  
7,b7 ,initial appointed members ,of the 
initial members of the ,board appointed 
under paragraph 7#d77;,a71 half of such 
members shall serve for four years and  
half of such members shall serve for    
five years1 as determined by the ,chair 
of the ,board4  7,c7 ,vacancies ,any    
vacancy in the membership of the        
appointed members of the ,board-- 7i7   
shall be filled in accordance with the  
bylaws of the ,foundation by an         
individual capable of representing the  
same area or entity1 as applicable1 as  
represented by the vacating board member
 under paragraph 7#b77;,b77ii72  7ii7   

shall not affect the power of the       
remaining appointed members to carry out
 the duties of the ,board2 and  7iii7   
shall be filled by an individual        
selected by the ,board4  7#e7 ,quorum ,a
 majority of the members of the ,board  
shall constitute a quorum for the       
purposes of conducting the business of  
the ,board4  7#f7 ,duties ,the ,board   
shall carry out the following3  7,a7    
,establish bylaws for the ,foundation in
 accordance with paragraph 7#g74  7,b7  
,provide overall direction for the      
activities of the ,foundation and       
establish priority activities4  7,c7    
,coordinate with the ,institute the     
activities of the ,foundation to ensure 
consistency with the programs and       
policies of the ,institute4  7,d7       
,evaluate the performance of the        
,executive ,director of the ,foundation4
  7,e7 ,actively solicit and accept     
funds1 gifts1 grants1 devises1 or       
bequests of real or personal property to
 the ,foundation1 including from private

 entities4  7,f7 ,carry out any other   
necessary activities of the ,foundation4
  7#g7 ,bylaws ,the ,board shall        
establish bylaws for the ,foundation4   
,in establishing such bylaws1 the ,board
 shall ensure the following3 7,a7 ,the  
bylaws of the ,foundation include the   
following3  7i7 ,policies for the       
selection of the ,board members1        
officers1 employees1 agents1 and        
contractors of the ,foundation4  7ii7   
,policies1 including ethical and        
disclosure standards1 for the following3
  7,i7 ,the acceptance1 solicitation1   
and disposition of donations and grants 
to the ,foundation1 including           
appropriate limits on the ability of    
donors to designate1 by stipulation or  
restriction1 the use or recipient of    
donated funds4  7,,ii7 ,the disposition 
of assets of the ,foundation4  7iii7    
,policies that subject all employees1   
fellows1 trainees1 and other agents of  
the ,foundation 7including appointed    
voting members and ex officio members of

 the ,board7 to conflict of interest    
standards4  7iv7 ,the specific duties of
 the ,executive ,director of the        
,foundation4  7,b7 ,the bylaws of the   
,foundation and activities carried out  
under such bylaws do not-- 7i7 reflect  
unfavorably upon the ability of the     
,foundation to carry out its            
responsibilities or official duties in a
 fair and objective manner2 or  7ii7    
compromise1 or appear to compromise1 the
 integrity of any governmental agency or
 program1 or any officer or employee    
employed by1 or involved in a           
governmental agency or program4  7#h7   
,restrictions on membership  7,a7       
,employees ,no employee of the          
,department of ,commerce may be         
appointed as a voting member of the     
,board4  7,b7 ,status ,each voting      
member of the ,board shall be-- 7i7 a   
citizen of the ,united ,states2  7ii7 a 
national of the ,united ,states 7as such
 term is defined in section #aja7;a7 of 
the ,immigration and ,nationality ,act  

7#h ,u4,s4,c4 #aaja7;a772  7iii7 an     
alien admitted as a refugee under       
section #bjg of such ,act 7#h ,u4,s4,c4 
#aaeg72 or  7iv7 an alien lawfully      
admitted to the ,united ,states for     
permanent residence4  7#i7 ,compensation
  7,a7 ,in general ,members of the      
,board may not receive compensation for 
serving on the ,board4  7,b7 ,certain   
expenses ,in accordance with the bylaws 
of the ,foundation1 members of the      
,board may be reimbursed for travel     
expenses1 including per diem in lieu of 
subsistence1 and other necessary        
expenses incurred in carrying out the   
duties of the ,board4  7#aj7 ,liaison   
representatives ,the ,secretary1 acting 
through the ,director1 shall designate  
representatives from across the         
,institute to serve as the liaisons to  
the ,board and the ,foundation4  7#aa7  
,personal liability of ,board members   
,the members of the ,board shall not be 
personally liable1 except for           
malfeasance4  7j7 ,administration  7#a7 

,executive ,director  7,a7 ,in general  
,the ,foundation shall have an          
,executive ,director who shall be       
appointed by the ,board1 and who shall  
serve at the pleasure of the ,board1 and
 for whom the ,board shall establish the
 rate of compensation4 ,subject to the  
bylaws established under subsection     
7i77#g71 the ,executive ,director shall 
be responsible for the daily operations 
of the ,foundation in carrying out the  
activities of the ,foundation under     
subsection 7c74  7,b7 ,responsibilities 
,in carrying out the daily operations of
 the ,foundation1 the ,executive        
,director of the ,foundation shall carry
 out the following3 7i7 ,hire1 promote1 
compensate1 and discharge officers and  
employees of the ,foundation1 and define
 the duties of such officers and        
employees4  7ii7 ,accept and administer 
donations to the ,foundation1 and       
administer the assets of the            
,foundation4  7iii7 ,enter into such    
contracts and execute legal instruments 

as are appropriate in carrying out the  
activities of the ,foundation4  7iv7    
,perform such other functions as        
necessary to operate the ,foundation4   
7,c7 ,restrictions  7i7 ,executive      
,director ,the ,executive ,director     
shall be--  7,i7 a citizen of the       
,united ,states2  7,,ii7 a national of  
the ,united ,states 7as such term is    
defined in section #aja7;a7 of the      
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a772  7,,iii7 an alien 
admitted as a refugee under section #bjg
 of such ,act 7#h ,u4,s4,c4 #aaeg72 or  
7,,iv7 an alien lawfully admitted to the
 ,united ,states for permanent          
residence4  7ii7 ,officers and employees
 ,each officer or employee of the       
,foundation shall be-- 7,i7 a citizen of
 the ,united ,states2  7,,ii7 a national
 of the ,united ,states 7as such term is
 defined in section #aja7;a7 of the     
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aaja7;a772  7,,iii7 an alien 
admitted as a refugee under section #bjg

 of such ,act 7#h ,u4,s4,c4 #aaeg72 or  
7,,iv7 an alien lawfully admitted to the
 ,united ,states for permanent          
residence4  7#b7 ,administrative control
 ,no member of the ,board1 officer or   
employee of the ,foundation or of any   
program established by the ,foundation1 
or participant in a program established 
by the ,foundation1 may exercise        
administrative control over any ,federal
 employee4  7#c7 ,transfer of funds to  
,institute ,the ,foundation may transfer
 funds and property to the ,institute1  
which the ,institute may accept and use 
and which shall be subject to all       
applicable ,federal limitations relating
 to federally funded research4  7#d7    
,strategic plan ,not later than one year
 after the establishment of the         
,foundation1 the ,foundation shall      
submit to the ,committee on ,science1   
,space1 and ,technology of the ,house of
 ,representatives and the ,committee on 
,commerce1 ,science1 and ,transportation
 of the ,senate a strategic plan that   

contains the following3  7,a7 ,a plan   
for the ,foundation to become           
financially self-sustaining in the next 
five years4  7,b7 ,short- and long-term 
objectives of the ,foundation1 as       
identified by the ,board4  7,c7 ,a      
description of the efforts the          
,foundation will take to be transparent 
in the processes of the ,foundation1    
including processes relating to the     
following3 7i7 ,grant awards1 including 
selection1 review1 and notification4    
7ii7 ,communication of past1 current1   
and future research priorities4  7iii7  
,solicitation of and response to public 
input on the priorities identified by   
the ,foundation4  7,d7 ,a description of
 the financial goals and benchmarks of  
the ,foundation for the following ten   
years4  7,e7 ,a description of the      
efforts undertaken by the ,foundation to
 ensure maximum complementarity and     
minimum redundancy with investments made
 by the ,institute4  7#e7 ,report  7,a7 
,in general ,not later than #ah months  

after the establishment of the          
,foundation and not later than ,february
 #a of each year thereafter1 the        
,foundation shall publish a report      
describing the activities of the        
,foundation during the immediately      
preceding fiscal year4 ,each such report
 shall include with respect to such     
fiscal year a comprehensive statement of
 the operations1 activities1 financial  
condition1 progress1 and accomplishments
 of the ,foundation4  7,b7 ,financial   
condition ,with respect to the financial
 condition of the ,foundation1 each     
report under subparagraph 7,a7 shall    
include the source1 and a description   
of1 all support under subsection 7g7    
provided to the ,foundation4 ,each such 
report shall identify the persons or    
entities from which such support is     
received1 and include a specification of
 any restrictions on the purposes for   
which such support may be used4  7,c7   
,publication ,the ,foundation shall make
 copies of each report submitted under  

subparagraph 7,a7 available-- 7i7 for   
public inspection1 and shall upon       
request provide a copy of the report to 
any individual for a charge not to      
exceed the cost of providing such copy2 
and  7ii7 to the ,committee on ,science1
 ,space1 and ,technology of the ,house  
of ,representatives and the ,committee  
on ,commerce1 ,science1 and             
,transportation of the ,senate4  7#f7   
,audits and disclosure ,the ,foundation 
shall--  7,a7 provide for annual audits 
of the financial condition of the       
,foundation1 including a full list of   
the ,foundation's donors and any        
restrictions on the purposes for which  
gifts to the ,foundation may be used2   
and  7,b7 make such audits1 and all     
other records1 documents1 and other     
papers of the ,foundation1 available to 
the ,secretary and the ,comptroller     
,general of the ,united ,states for     
examination or audit4  7#g7 ,evaluation 
by ,comptroller ,general ,not later than
 five years after the date on which the 

,foundation is established1 the         
,comptroller ,general of the ,united    
,states shall submit to the ,committee  
on ,science1 ,space1 and ,technology of 
the ,house of ,representatives and the  
,committee on ,commerce1 ,science1 and  
,transportation of the ,senate the      
following3 7,a7 ,an evaluation of the   
following3  7i7 ,the extent to which the
 ,foundation is achieving the mission of
 the ,foundation4  7ii7 ,the operation  
of the ,foundation4  7,b7 ,any          
recommendations on how the ,foundation  
may be improved4  7k7 ,integrity  7#a7  
,in general ,to ensure integrity in the 
operations of the ,foundation1 the      
,board shall develop and enforce        
procedures relating to standards of     
conduct1 financial disclosure           
statements1 conflicts of interest       
7including recusal and waiver rules71   
audits1 and any other matters determined
 appropriate by the ,board4  7#b7       
,financial conflicts of interest ,to    
mitigate conflicts of interest and risks

 from malign foreign influence1 any     
individual who is an officer1 employee1 
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       
following3 7,a7 ,such individual4  7,b7 
,a relative of such individual4  7,c7 ,a
 business organization or other entity  
in which such individual or relative of 
such individual has an interest1        
including an organization or other      
entity with which such individual is    
negotiating employment4  7#c7 ,security 
,this section shall be carried out in   
accordance with the provision of        
subtitle ,d of title ,,vi of the        
,research and ,development1             
,competition1 and ,innovation ,act 7#db 
,u4,s4,c4 #aibca et seq42 enacted as    
part of division ,b of ,public ,law     
#aag-afg7 and section #bbc of the       
,william ,m4 7,mac7 ,thornberry         
,national ,defense ,authorization ,act  

for ,fiscal ,year #bjba 7#db ,u4,s4,c4  
#ffje74  7l7 ,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   
,foundation4  7m7 ,full faith and credit
 ,the ,united ,states shall not be      
liable for any debts1 defaults1 acts1 or
 omissions of the ,foundation4 ,the full
 faith and credit of the ,united ,states
 shall not extend to any obligations of 
the ,foundation4  7n7 ,support services 
,the ,secretary1 acting through the     
,director1 may provide facilities1      
utilities1 and support services to the  
,foundation if it is determined by the  
,director to be advantageous to the     
research programs of the ,institute4    
7o7 ,nonapplicability ,chapter #aj of   
title #e1 ,united ,states ,code1 shall  
not apply to the ,foundation4  7p7      
,separate fund accounts ,the ,board     
shall ensure that amounts received      

pursuant to the authorization of        
appropriations under subsection 7q7 are 
held in a separate account from any     
other funds received by the ,foundation4
  7q7 ,funding2 authorization of        
appropriations ,notwithstanding any     
other provision of law1 from amounts    
authorized to be appropriated for a     
fiscal year beginning with fiscal year  
#bjbe to the ,secretary of ,commerce    
pursuant to section #ajbaa1 the         
,director may transfer not less than    
#ejj1jjj and not more than #a1bej1jjj to
 the ,foundation each such fiscal year4 
7r7 ,definitions ,in this section3  7#a7
 ,board ,the term ,board means the      
,board of ,directors of the ,foundation1
 established pursuant to subsection 7i74
  7#b7 ,director ,the term ,director    
means the ,director of the ,national    
,institute of ,standards and            
,technology4  7#c7 ,foreign country of  
concern ,the term foreign country of    
concern has the meaning given such term 
in section #ajfch of the ,research and  

,development1 ,competition1 and         
,innovation ,act 7#db ,u4,s4,c4 #aibcg2 
enacted as part of division ,b of       
,public ,law #aag-afg74  7#d7 ,foreign  
entity of concern ,the term foreign     
entity of concern has the meaning given 
such term in section #ajfch of the      
,research and ,development1             
,competition1 and ,innovation ,act 7#db 
,u4,s4,c4 #aibcg2 enacted as part of    
division ,b of ,public ,law #aag-afg74  
7#e7 ,foundation ,the term ,foundation  
means the ,foundation for ,standards and
 ,metrology established pursuant to     
subsection 7a74  7#f7 ,institute ,the   
term ,institute means the ,national     
,institute of ,standards and            
,technology4  7#g7 ,institution of      
higher education ,the term institution  
of higher education has the meaning     
given such term in section #aja of the  
,higher ,education ,act of #aife 7#bj   
,u4,s4,c4 #ajja74  7#h7 ,,nist associate
 ,the term ,,nist associate means any   
guest researcher1 facility user1        

volunteer1 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 facility4  7#i7         
,relative ,the term relative has the    
meaning given such term in section      
#acaja of title #e1 ,united ,states     
,code4  7#aj7 ,secretary ,the term      
,secretary means the ,secretary of      
,commerce4  7#aa7 ,technical standard   
,the term technical standard has the    
meaning given such term in section      
#ab7;d77#e7 of the ,national ,technology
 ,transfer and ,advancement ,act of     
#aiie 7#ae ,u4,s4,c4 #bgb note74  4  7b7
 ,clerical amendment ,the table of      
contents in section #a of ,public ,law  
#aag-afg is amended by inserting after  
the item relating to section #ajbce the 
following new item3  ,sec4 #ajbcf4      
,foundation for ,standards and          

,metrology4  4