Summary

Creates a new nonprofit Foundation to support NIST in advancing measurement science, technical standards, and commercialization. The Foundation will be governed by an independent board, may accept private funds and federal transfers, must obtain tax-exempt status, publish annual reports with donor disclosure, be audited annually, and is subject to a GAO evaluation within five years.

Key Points

• Creates a 501(c) nonprofit Foundation to carry out standards, metrology, and commercialization activities in support of NIST.
• Foundation governed by an independent Board of Directors (11 voting members) with ethics, conflict-of-interest, and compensation rules.
• May accept private funds and receive annual federal transfers between $500,000 and $1,250,000 beginning FY2026; must keep federal transfers in a separate account.
• Required to file a strategic plan within one year and publish annual reports (with full donor disclosure) and annual audits.
• Not a federal agency; the U.S. is not liable for the Foundation’s obligations and many federal employee rules do not apply.
• Secretary of Commerce/NIST may provide facilities and support services, and the Foundation can transfer funds to NIST when allowed.
• Subject to GAO evaluation within five years and to oversight by the Secretary and the Comptroller General through audits and reporting.
• Department of Commerce employees cannot serve as voting board members; indemnity excluded for malfeasance.

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