Us Congress 2025 2025-2026 Regular Session

Us Congress House Bill HB2582 Introduced / Bill

Filed 04/08/2025

                    I 
119THCONGRESS 
1
STSESSION 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 
APRIL1, 2025 
Ms. S
TEVENS(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 Stand-
ards and Metrology, and for other purposes. 
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Expanding Partner-4
ships for Innovation and Competitiveness Act’’. 5
SEC. 2. FOUNDATION FOR STANDARDS AND METROLOGY. 6
(a) I
NGENERAL.—Subtitle B of title II of the Re-7
search and Development, Competition, and Innovation Act 8
(42 U.S.C. 18931 et seq.; relating to measurement re-9
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search of the National Institute of Standards and Tech-1
nology for the future; enacted as part of division B of Pub-2
lic Law 117–167) is amended by adding at the end the 3
following new section: 4
‘‘SEC. 10236. FOUNDATION FOR STANDARDS AND METROL-5
OGY. 6
‘‘(a) E
STABLISHMENT.—The Secretary, acting 7
through the Director, shall establish a nonprofit corpora-8
tion to be known as the ‘Foundation for Standards and 9
Metrology’ (in this section referred to as the ‘Founda-10
tion’). 11
‘‘(b) M
ISSION.—The mission of the Foundation shall 12
be to— 13
‘‘(1) support the Institute in carrying out its 14
activities and mission to advance measurement 15
science, technical standards, and technology in ways 16
that enhance the economic security and prosperity of 17
the United States; and 18
‘‘(2) advance collaboration with researchers, in-19
stitutions of higher education, industry, and non-20
profit and philanthropic organizations to accelerate 21
the development of technical standards, measure-22
ment science, and the commercialization of emerging 23
technologies in the United States. 24
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‘‘(c) ACTIVITIES.—In carrying out its mission under 1
subsection (b), the Foundation may carry out the fol-2
lowing: 3
‘‘(1) Support international metrology and tech-4
nical standards engagement activities. 5
‘‘(2) Support studies, projects, and research on 6
metrology and the development of benchmarks and 7
technical standards infrastructure across the Insti-8
tute’s mission areas. 9
‘‘(3) Advance collaboration between the Insti-10
tute and researchers, industry, nonprofit and philan-11
thropic organizations, institutions of higher edu-12
cation, federally funded research and development 13
centers, and State, Tribal, and local governments. 14
‘‘(4) Support the expansion and improvement of 15
research facilities and infrastructure at the Institute 16
to advance the development of emerging tech-17
nologies. 18
‘‘(5) Support the commercialization of federally 19
funded research. 20
‘‘(6) Conduct education and outreach activities. 21
‘‘(7) Offer direct support to NIST associates, 22
including through the provision of fellowships, 23
grants, stipends, travel, health insurance, profes-24
sional development training, housing, technical and 25
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administrative assistance, recognition awards for 1
outstanding performance, and occupational safety 2
and awareness training and support, and other ap-3
propriate expenditures. 4
‘‘(8) Conduct such other activities as deter-5
mined necessary by the Foundation to carry out its 6
mission. 7
‘‘(d) A
UTHORITY OF THE FOUNDATION.—The Foun-8
dation shall be the sole entity responsible for carrying out 9
the activities described in subsection (c). 10
‘‘(e) S
TAKEHOLDER ENGAGEMENT.—The Founda-11
tion shall convene, and may consult with, representatives 12
from the Institute, institutions of higher education, the 13
private sector, non-profit organizations, and commer-14
cialization organizations to develop activities for the mis-15
sion of the Foundation under subsection (b) and to ad-16
vance the activities of the Foundation under subsection 17
(c). 18
‘‘(f) L
IMITATION.—The Foundation shall not be an 19
agency or instrumentality of the Federal Government. 20
‘‘(g) S
UPPORT.—The Foundation may receive, ad-21
minister, solicit, accept, and use funds, gifts, devises, or 22
bequests, either absolutely or in trust of real or personal 23
property or any income therefrom or other interest therein 24
to support activities under subsection (c). 25
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‘‘(h) TAXEXEMPTSTATUS.—The Board shall take 1
all necessary and appropriate steps to ensure the Founda-2
tion is an organization described in section 501(c) of the 3
Internal Revenue Code of 1986 and exempt from taxation 4
under section 501(a) of such Code. 5
‘‘(i) B
OARD OFDIRECTORS.— 6
‘‘(1) E
STABLISHMENT.—The Foundation shall 7
be governed by a Board of Directors (in this section 8
referred to as the ‘Board’). 9
‘‘(2) C
OMPOSITION.— 10
‘‘(A) I
N GENERAL.—The Board shall be 11
composed of the following: 12
‘‘(i) Eleven appointed voting members 13
described in subparagraph (B). 14
‘‘(ii) Ex officio nonvoting members de-15
scribed in subparagraph (C). 16
‘‘(B) A
PPOINTED MEMBERS .— 17
‘‘(i) I
NITIAL MEMBERS .—The Sec-18
retary, acting through the Director, shall— 19
‘‘(I) seek to enter into an agree-20
ment with the National Academies of 21
Sciences, Engineering, and Medicine 22
to develop a list of individuals to serve 23
as members of the Board who are well 24
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qualified and will meet the require-1
ments of clauses (ii) and (iii); and 2
‘‘(II) appoint the initial members 3
of the Board from such list, if appli-4
cable, in consultation with the Na-5
tional Academies of Sciences, Engi-6
neering, and Medicine. 7
‘‘(ii) R
EPRESENTATION.—The ap-8
pointed members of the Board shall reflect 9
a broad cross-section of stakeholders 10
across diverse sectors, regions and commu-11
nities, including from academia, private 12
sector entities, technical standards bodies, 13
the investment community, the philan-14
thropic community, and other nonprofit or-15
ganizations. 16
‘‘(iii) E
XPERIENCE.—The Secretary, 17
acting through the Director, shall ensure 18
the appointed members of the Board have 19
the experience and are qualified to provide 20
advice and information to advance the 21
Foundation’s mission, including in science 22
and technology research and development, 23
technical standards, education, technology 24
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transfer, commercialization, or other as-1
pects of the Foundation’s mission. 2
‘‘(C) N
ONVOTING MEMBERS .— 3
‘‘(i) E
X OFFICIO MEMBERS.—The Di-4
rector (or Director’s designee) shall be an 5
ex officio member of the Board. 6
‘‘(ii) N
O VOTING POWER.—The Direc-7
tor (or Director’s designee), as an ex offi-8
cio member in accordance with clause (i), 9
shall not have voting power on the Board. 10
‘‘(3) C
HAIR AND VICE CHAIR.— 11
‘‘(A) I
N GENERAL.—The Board shall des-12
ignate, from among its voting members— 13
‘‘(i) an individual to serve as the chair 14
of the Board; and 15
‘‘(ii) an individual to serve as the vice 16
chair of the Board. 17
‘‘(B) T
ERMS.—The term of service of the 18
Chair and Vice Chair of the Board shall end on 19
the earlier of— 20
‘‘(i) the date that is three years after 21
the date on which the Chair or Vice Chair 22
of the Board, as applicable, is designated 23
for the respective position; and 24
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‘‘(ii) the last day of the term of serv-1
ice of the member, as determined under 2
paragraph (4)(A), who is designated to be 3
Chair or Vice Chair of the Board, as appli-4
cable. 5
‘‘(C) R
EPRESENTATION.—The Chair and 6
Vice Chair of the Board— 7
‘‘(i) may not be representatives of the 8
same area of subject matter expertise, or 9
entity, as applicable; and 10
‘‘(ii) may not be representatives of 11
any area of subject matter expertise, or en-12
tity, as applicable, represented by the im-13
mediately preceding Chair and Vice Chair 14
of the Board. 15
‘‘(4) T
ERMS AND VACANCIES.— 16
‘‘(A) T
ERM LIMITS.—Subject to subpara-17
graph (B), the term of office of each member 18
of the Board shall be not more than five years, 19
except that a member of the Board may con-20
tinue to serve after the expiration of the term 21
of such member until the expiration of the 180- 22
day period beginning on the date on which the 23
term of such member expires, if no new member 24
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is appointed to replace the departing board 1
member. 2
‘‘(B) I
NITIAL APPOINTED MEMBERS .—Of 3
the initial members of the Board appointed 4
under subparagraph (A), half of such members 5
shall serve for four and half years, and half of 6
such members shall serve for five years, as de-7
termined by the Chair of the Board. 8
‘‘(C) V
ACANCIES.—Any vacancy in the 9
membership of the appointed members of the 10
Board— 11
‘‘(i) shall be filled in accordance with 12
the bylaws of the Foundation by an indi-13
vidual capable of representing the same 14
area or entity, as applicable, as rep-15
resented by the vacating board member 16
under paragraph (2)(B)(ii); 17
‘‘(ii) shall not affect the power of the 18
remaining appointed members to carry out 19
the duties of the Board; and 20
‘‘(iii) shall be filled by an individual 21
selected by the Board. 22
‘‘(5) Q
UORUM.—A majority of the members of 23
the Board shall constitute a quorum for the pur-24
poses of conducting the business of the Board. 25
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‘‘(6) DUTIES.—The Board shall carry out the 1
following: 2
‘‘(A) Establish bylaws for the Foundation 3
in accordance with paragraph (7). 4
‘‘(B) Provide overall direction for the ac-5
tivities of the Foundation and establish priority 6
activities. 7
‘‘(C) Coordinate with the Institute the ac-8
tivities of the Foundation to ensure consistency 9
with the programs and policies of the Institute. 10
‘‘(D) Evaluate the performance of the Ex-11
ecutive Director of the Foundation. 12
‘‘(E) Actively solicit and accept funds, 13
gifts, grants, devises, or bequests of real or per-14
sonal property to the Foundation, including 15
from private entities. 16
‘‘(F) Carry out any other necessary activi-17
ties of the Foundation. 18
‘‘(7) B
YLAWS.—The Board shall establish by-19
laws for the Foundation. In establishing such by-20
laws, the Board shall ensure the following: 21
‘‘(A) The bylaws of the Foundation include 22
the following: 23
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‘‘(i) Policies for the selection of the 1
Board members, officers, employees, 2
agents, and contractors of the Foundation. 3
‘‘(ii) Policies, including ethical and 4
disclosure standards, for the following: 5
‘‘(I) The acceptance, solicitation, 6
and disposition of donations and 7
grants to the Foundation, including 8
appropriate limits on the ability of do-9
nors to designate, by stipulation or re-10
striction, the use or recipient of do-11
nated funds. 12
‘‘(II) The disposition of assets of 13
the Foundation. 14
‘‘(iii) Policies that subject all employ-15
ees, fellows, trainees, and other agents of 16
the Foundation (including appointed voting 17
members and ex officio members of the 18
Board) to conflict of interest standards. 19
‘‘(iv) The specific duties of the Execu-20
tive Director of the Foundation. 21
‘‘(B) The bylaws of the Foundation and 22
activities carried out under such bylaws do 23
not— 24
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‘‘(i) reflect unfavorably upon the abil-1
ity of the Foundation to carry out its re-2
sponsibilities or official duties in a fair and 3
objective manner; or 4
‘‘(ii) compromise, or appear to com-5
promise, the integrity of any governmental 6
agency or program, or any officer or em-7
ployee employed by, or involved in a gov-8
ernmental agency or program. 9
‘‘(8) R
ESTRICTION ON MEMBERSHIP .—No em-10
ployee of the Department of Commerce may be ap-11
pointed as a voting member of the Board of Direc-12
tors. 13
‘‘(9) C
OMPENSATION.— 14
‘‘(A) I
N GENERAL.—Members of the Board 15
may not receive compensation for serving on 16
the Board. 17
‘‘(B) C
ERTAIN EXPENSES.—In accordance 18
with the bylaws of the Foundation, members of 19
the Board may be reimbursed for travel ex-20
penses, including per diem in lieu of subsist-21
ence, and other necessary expenses incurred in 22
carrying out the duties of the Board. 23
‘‘(10) L
IAISON REPRESENTATIVES .—The Sec-24
retary, acting through the Director, shall designate 25
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representatives from across the Institute to serve as 1
the liaisons to the Board and the Foundation. 2
‘‘(11) P
ERSONAL LIABILITY OF BOARD MEM -3
BERS.—The members of the Board shall not be per-4
sonally liable, except in the case of malfeasance. 5
‘‘(j) A
DMINISTRATION.— 6
‘‘(1) E
XECUTIVE DIRECTOR.— 7
‘‘(A) I
N GENERAL.—The Foundation shall 8
have an Executive Director who shall be ap-9
pointed by the Board, and who shall serve at 10
the pleasure of the Board, and for whom the 11
Board shall establish the rate of compensation. 12
Subject to the bylaws established under sub-13
section (i)(7), the Executive Director shall be 14
responsible for the daily operations of the 15
Foundation in carrying out the activities of the 16
Foundation under subsection (c). 17
‘‘(B) R
ESPONSIBILITIES.—In carrying out 18
the daily operations of the Foundation, the Ex-19
ecutive Director of the Foundation shall carry 20
out the following: 21
‘‘(i) Hire, promote, compensate, and 22
discharge officers and employees of the 23
Foundation, and define the duties of such 24
officers and employees. 25
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‘‘(ii) Accept and administer donations 1
to the Foundation, and administer the as-2
sets of the Foundation. 3
‘‘(iii) Enter into such contracts and 4
execute legal instruments as are appro-5
priate in carrying out the activities of the 6
Foundation. 7
‘‘(iv) Perform such other functions as 8
necessary to operate the Foundation. 9
‘‘(2) A
DMINISTRATIVE CONTROL .—No member 10
of the Board, officer or employee of the Foundation 11
or of any program established by the Foundation, or 12
participant in a program established by the Founda-13
tion, may exercise administrative control over any 14
Federal employee. 15
‘‘(3) T
RANSFER OF FUNDS TO INSTITUTE .— 16
The Foundation may transfer funds and property to 17
the Institute, which the Institute may accept and 18
use and which shall be subject to all applicable Fed-19
eral limitations relating to federally funded research. 20
‘‘(4) S
TRATEGIC PLAN.—Not later than one 21
year after the establishment of the Foundation, the 22
Foundation shall submit to the Committee on 23
Science, Space, and Technology of the House of 24
Representatives and the Committee on Commerce, 25
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Science, and Transportation of the Senate a stra-1
tegic plan that contains the following: 2
‘‘(A) A plan for the Foundation to become 3
financially self-sustaining in the next five years. 4
‘‘(B) Short- and long-term objectives of the 5
Foundation, as identified by the Board. 6
‘‘(C) A description of the efforts the Foun-7
dation will take to be transparent in the proc-8
esses of the Foundation, including processes re-9
lating to the following: 10
‘‘(i) Grant awards, including selection, 11
review, and notification. 12
‘‘(ii) Communication of past, current, 13
and future research priorities. 14
‘‘(iii) Solicitation of and response to 15
public input on the priorities identified by 16
the Foundation. 17
‘‘(D) A description of the financial goals 18
and benchmarks of the Foundation for the fol-19
lowing ten years. 20
‘‘(E) A description of the efforts under-21
taken by the Foundation to ensure maximum 22
complementarity and minimum redundancy 23
with investments made by the Institute. 24
‘‘(5) R
EPORT.— 25
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‘‘(A) IN GENERAL.—Not later than 18 1
months after the establishment of the Founda-2
tion and not later than February 1 of each year 3
thereafter, the Foundation shall publish a re-4
port describing the activities of the Foundation 5
during the immediately preceding fiscal year. 6
Each such report shall include with respect to 7
such fiscal year a comprehensive statement of 8
the operations, activities, financial condition, 9
progress, and accomplishments of the Founda-10
tion. 11
‘‘(B) F
INANCIAL CONDITION .—With re-12
spect to the financial condition of the Founda-13
tion, each report under subparagraph (A) shall 14
include the source, and a description of, all sup-15
port under subsection (g) provided to the Foun-16
dation. Each such report shall identify the per-17
sons or entities from which such support is re-18
ceived, and include a specification of any re-19
strictions on the purposes for which such sup-20
port may be used. 21
‘‘(C) P
UBLICATION.—The Foundation 22
shall make copies of each report submitted 23
under subparagraph (A) available— 24
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‘‘(i) for public inspection, and shall 1
upon request provide a copy of the report 2
to any individual for a charge not to ex-3
ceed the cost of providing such copy; and 4
‘‘(ii) to the Committee on Science, 5
Space, and Technology of the House of 6
Representatives and the Committee on 7
Commerce, Science, and Transportation of 8
the Senate. 9
‘‘(6) A
UDITS AND DISCLOSURE .—The Founda-10
tion shall— 11
‘‘(A) provide for annual audits of the fi-12
nancial condition of the Foundation, including a 13
full list of the Foundation’s donors and any re-14
strictions on the purposes for which gifts to the 15
Foundation may be used; and 16
‘‘(B) make such audits, and all other 17
records, documents, and other papers of the 18
Foundation, available to the Secretary and the 19
Comptroller General of the United States for 20
examination or audit. 21
‘‘(7) E
VALUATION BY COMPTROLLER GEN -22
ERAL.—Not later than five years after the date on 23
which the Foundation is established, the Comptroller 24
General of the United States shall submit to the 25
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Committee on Science, Space, and Technology of the 1
House of Representatives and the Committee on 2
Commerce, Science, and Transportation of the Sen-3
ate the following: 4
‘‘(A) An evaluation of the following: 5
‘‘(i) The extent to which the Founda-6
tion is achieving the mission of the Foun-7
dation. 8
‘‘(ii) The operation of the Foundation. 9
‘‘(B) Any recommendations on how the 10
Foundation may be improved. 11
‘‘(k) I
NTEGRITY.— 12
‘‘(1) I
N GENERAL.—To ensure integrity in the 13
operations of the Foundation, the Board shall de-14
velop and enforce procedures relating to standards 15
of conduct, financial disclosure statements, conflicts 16
of interest (including recusal and waiver rules), au-17
dits, and any other matters determined appropriate 18
by the Board. 19
‘‘(2) F
INANCIAL CONFLICTS OF INTEREST .—To 20
mitigate conflicts of interest and risks from malign 21
foreign influence, any individual who is an officer, 22
employee, or member of the Board is prohibited 23
from any participation in deliberations by the Foun-24
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dation of a matter that would directly or predictably 1
affect any financial interest of any of the following: 2
‘‘(A) Such individual. 3
‘‘(B) A relative of such individual. 4
‘‘(C) A business organization or other enti-5
ty in which such individual or relative of such 6
individual has an interest, including an organi-7
zation or other entity with which such indi-8
vidual is negotiating employment. 9
‘‘(l) I
NTELLECTUAL PROPERTY.—The Board shall 10
adopt written standards to govern the ownership and li-11
censing of any intellectual property rights developed by the 12
Foundation or derived from the collaborative efforts of the 13
Foundation. 14
‘‘(m) F
ULLFAITH ANDCREDIT.—The United States 15
shall not be liable for any debts, defaults, acts, or omis-16
sions of the Foundation. The full faith and credit of the 17
United States shall not extend to any obligations of the 18
Foundation. 19
‘‘(n) S
UPPORTSERVICES.—The Secretary, acting 20
through the Director, may provide facilities, utilities, and 21
support services to the Foundation if it is determined by 22
the Director to be advantageous to the mission of the In-23
stitute. 24
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‘‘(o) NONAPPLICABILITY.—Chapter 10 of title 5, 1
United States Code, shall not apply to the Foundation. 2
‘‘(p) S
EPARATEFUNDACCOUNTS.—The Board shall 3
ensure that amounts received pursuant to the authoriza-4
tion of appropriations under subsection (q) are held in a 5
separate account from any other amounts received by the 6
Foundation. 7
‘‘(q) A
UTHORIZATION OF APPROPRIATIONS.—Not-8
withstanding any other provision of law, from amounts au-9
thorized to be appropriated for a fiscal year beginning 10
with fiscal year 2026 to the Secretary of Commerce pursu-11
ant to section 10211, the Director may transfer not less 12
than $500,000 and not more than $1,250,000 to the 13
Foundation each such fiscal year. 14
‘‘(r) D
EFINITIONS.—In this section: 15
‘‘(1) I
NSTITUTION OF HIGHER EDUCATION .— 16
The term ‘institution of higher education’ has the 17
meaning given such term in section 101 of the High-18
er Education Act of 1965 (20 U.S.C. 1001). 19
‘‘(2) NIST 
ASSOCIATE.—The term ‘NIST asso-20
ciate’ means any guest researcher, facility user, vol-21
unteer, or other nonemployee of the National Insti-22
tute of Standards and Technology who conducts re-23
search or otherwise engages in an authorized activity 24
with National Institute of Standards and Technology 25
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personnel or at a National Institute of Standards 1
and Technology facility. 2
‘‘(3) R
ELATIVE.—The term ‘relative’ has the 3
meaning given such term in section 13101 of title 5, 4
United States Code. 5
‘‘(4) T
ECHNICAL STANDARD .—The term ‘tech-6
nical standard’ has the meaning given such term in 7
section 12(d)(5) of the National Technology Trans-8
fer and Advancement Act of 1995 (15 U.S.C. 272 9
note).’’. 10
(b) C
LERICALAMENDMENT.—The table of contents 11
in sections 1 and 10000 of Public Law 117–167 are 12
amended by inserting after the items relating to section 13
10235 the following new items: 14
‘‘Sec. 10236. Foundation for Standards and Metrology.’’. 
Æ 
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